HomeMy WebLinkAbout05/19/2021 CITY COUNCIL AGENDA PACKET______________________________________________________________
CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 - Phone (360) 473-5280
* * * A M E N D E D * * *
MAY 19, 2021
CITY COUNCIL MEETING AGENDA
CITY COUNCIL Virtual/Live Stream MEETING AGENDA
To help reduce the spread of COVID-19, the City Council is conducting a virtual meeting. The Chambers
will be closed, and all Council Members and staff will be participating in the meeting remotely. The public is
invited to view and/or participate in the Council Meeting through one of the following options:
To stream online only (via BKAT Feed, with no interaction possible):
https://bremerton.vod.castus.tv/vod/?live=ch1&nav=live
To Join the Zoom Meeting, members of the public are invited to click the link below:
https://us02web.zoom.us/j/82867357431?pwd=NXFRWEtLZ3FBR2ZObFNhaGhiRjc2UT09
Or One tap mobile: US: +12532158782,,82867357431#,,,,*408318# or
+16699006833,,82867357431#,,,,*408318#
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: 828 6735 7431
Passcode: 408318
Public questions or comments may be submitted ahead of time to City.Council@ci.bremerton.wa.us
1. CALL TO ORDER: 5:30 P.M.
2. MAYOR'S REPORT
3. PUBLIC RECOGNITION
4. CONSENT AGENDA
A. Claims & Check Register
B. Minutes of Meeting – May 5, 2021
C. Minutes of Study Session – May 12, 2021
D. Local Agency Supplemental Agreement No. 2 with Skillings, Inc. for the Washington & 11th
Roundabout Project
E. Professional Services Agreement with Barker Creek Consulting, LLC for Construction
Management Services for Oyster Bay Beach Sewer Upgrades
5. GENERAL BUSINESS
A. Ordinance No. 5421 amending the Bremerton Municipal Code relating to General Business
Licenses to support transition to WA State Business License Services online applications
B. Public Works Agreement with Doolittle Construction, Inc. for the 2021 City Road Preservation
Project
Continued on next page…
C. Ordinance No. 5420 amending Chapter 6.32 of the Bremerton Municipal Code entitled “Noise
Levels”
D. Renewal of Agreement with Redflex Traffic Systems, Inc. for Photo Red Light Enforcement
Program
E. Authorize 1 FTE Transportation Project Manager and 1 FTE Internal Services Manager for the
Public Works & Utilities Department
F. Authorize 1 FTE Legal Assistant for Civil Division and Increase to 1 FTE Legal Assistant for
Prosecution Division in the Legal Department
G. Professional Services Agreement w/Kitsap Law Group for Interim City Attorney Legal Services
6. COUNCIL MEMBER REPORTS
7. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING
MAYOR’S REPORT
May 19, 2021
Photo courtesy of Port of Bremerton
COVID-19 Health Update
from the Kitsap Public Health District
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: N/A
Claims & Check Register COUNCIL MEETING Date: May 19, 2021
Department: Legal Services
Presenter: Angela Hoover
Phone: (360) 473-5323
SUMMARY:
Approval of the following checks and electronic fund transfers:
1. Check Numbers 393627-393794 and Electronic Fund Transfers V33039-V33137in the grand
total amount of $2,778,601.12
2. Regular Payroll for pay period ending April 30, 2021 in the amount of $886,878.42
3. Regular Payroll pay out for pay period ending April 30, 2021 in the amount of $3,516.03
ATTACHMENTS:
FISCAL IMPACTS (Include Budgeted Amount):
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve the consent agenda as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
4A
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Minutes of Meeting – May 5,
2021
Study Session Date: N/A
COUNCIL MEETING Date: May 19, 2021
Department: City Council
Presenter: Council President
Phone: (360) 473-5280
SUMMARY: The Minutes of Meeting held on May 5, 2021 are attached.
ATTACHMENTS: Meeting Minutes
FISCAL IMPACTS (Include Budgeted Amount): None
STUDY SESSION AGENDA: ☒ N/A
STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve the May 5, 2021 Meeting Minutes as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/3/17
4B
2
CITY COUNCIL VIRTUAL MEETING MINUTES
Wednesday, May 5, 2021
A virtual meeting of the City Council of the City of Bremerton was called to order Wednesday, May
5, 2021, at 5:30 PM with Council Vice President Leslie Daugs presiding. Council Members present
were Eric Younger, Mike Simpson, Michael Goodnow, Lori Wheat, Leslie Daugs, and Pat
Sullivan. Council President Kevin Gorman was absent. Also present were City Attorney Roger
Lubovich; City Clerk Angela Hoover; Legislative Office Manager Lori Smith; and IT Systems Engineer
Hans Nilsson.
Vice President Daugs read a statement that to help reduce the spread of COVID-19, the Council
Meetings are allowed to be conducted virtually until further notice.
MAYOR’S REPORT
Provided an overview of the latest Covid-19 Health Update from the Kitsap Public Health
District; and encouraged the public to continue wearing masks and to get vaccinated;
Thanked City Lobbyists for their efforts in assisting to obtain Bremerton City Park Grant
Funding for the Kitsap Lake and Haddon Park Projects;
Congratulated this year’s Mayor’s Challenge Award Winners Vedant Srinivas (9th Grade at
Eastlake High School); Prayrona Choudhury (6th Grade at Sagebrush Elementary School);
Srivkaat Ravi and Sanjay Chandra (8th Grade at Jefferson Middle School); Lily Walkup (4th
Grade at View Ridge Elementary School); Abigail Walkup (2nd Grade at View Ridge
Elementary School); and recognized Alejandra Pulido as the recipient of the 2021 Mayor’s
Youth Leadership Award.
PUBLIC RECOGNITION
Comments were provided by Anna Mockler; Caroline Stein; Kiaha Long; and Joseph Timothy
Redal…
CONSENT AGENDA
4A – Claims & Check Register: Check Numbers 393474 through 393626 and Electronic Fund
Transfers V32983 through V33038 in the grand total amount of $1,787,503.14; Regular
Payroll (pay outs) for pay period ending April 15, 2021 in the amount of $950.92; and
Retiree Payroll for pay period ending April 30, 2021 in the amount of $50,378.17
4B – Minutes of Meeting – April 21, 2021
4C – Minutes of Study Session – April 28, 2021
4D – Agreement with Long Painting Company for Reservoir 19 Exterior Coating Replacement
4E – Professional Services Agreement with SPECTRA Laboratories - Kitsap, LLC for
Environmental Water and Soil Analyses
4F – Purchase Microsoft AZURE Active Directory P2/GCC/Multi-Factor Authentication; and
related Budget Adjustment
There were no questions or comments from the public…
5:51 M/S/C/U (Goodnow/Sullivan) Move to approve the CONSENT AGENDA as presented.
GENERAL BUSINESS
5A – ORDINANCE NO. 5420 TO REPEAL AND REPLACE CHAPTER 6.32 OF THE
BREMERTON MUNICIPAL CODE ENTITLED “NOISE LEVELS”: Captain Randy Plumb and
City Attorney Roger Lubovich summarized that the World Health Organization advises that
City Council Reg. Mtg. Minutes
Wednesday, May 5, 2021
Page 2 of 5
environmental noise pollution is responsible for a range of health affects including increased risk of
ischemic heart disease as well as sleep disturbance, cognitive impairment among children,
annoyance, stress-related mental health risks and tinnitus.
Recognizing these risks and within the limits established by the First Amendment, recommend
Chapter 6.32 be amended to address the problem of noise pollution.
Vice President Daugs announced that public comment would be accepted tonight, with action
anticipated at the next Council Meeting on May 19…
Comments were provided by Attorney Bill Broughton; Bart Brockman; Gordon Rinke (Owner of
Brother Don’s); Anna Mockler; and Charlie Michelle…
5B – INTERLOCAL AGREEMENT FOR MUTUAL AID AND TRAFFIC SAFETY TASK FORCE:
Lt. Mike Davis summarized that the purpose of this interlocal agreement is to 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
There were no questions or comments from the public…
6:15 Motion was made by Younger; and seconded by Simpson… Comments were provided by
Simpson…
6:16 M/S/C/U (Younger/Simpson) 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.
5C – RENEWAL OF AGREEMENT WITH REDFLEX TRAFFIC SYSTEMS, INC. FOR PHOTO
RED LIGHT ENFORCEMENT PROGRAM: Lt. Mike Davis stated that Redflex Traffic Systems
provides the citywide Photo Red Light Enforcement Program which includes processing of
infraction data and issuance of citations in nine locations across the City. The agreement includes
two options to renew for periods of two years each. This modification is the exercise of the second,
two-year renewal period, making the expiration of the agreement June 30, 2023.
Questions and comments from the public were provided by Kiaha Long, Joseph Timothy Redal,
and Anna Mockler; with responses provided by Lt. Davis…
6:21 Main Motion (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) was made by Younger; and
seconded by Goodnow… Questions and comments were provided by Younger, Goodnow, and
Wheat; with responses provided by Lt. Davis; Financial Services Director Mike Riley; and Ms.
Hoover…
6:36 Motion to Postpone was made (with two corrections) by Daugs; and seconded (accepting the
two corrections) by Wheat… Questions and comments were provided by Wheat, Simpson,
Goodnow, and Younger; with responses provided by Mr. Riley; Mr. Lubovich; Ms. Hoover; and
Ms. Monroe...
6:47 Motion to Postpone/S/C (Daugs/Wheat) Move to postpone (corrected from “tabling”) this item
to (corrected date) May 19, 2021.
City Council Reg. Mtg. Minutes
Wednesday, May 5, 2021
Page 3 of 5
Voted in favor of Motion to Postpone: Wheat, Goodnow, Sullivan, Daugs
Voted opposed to Motion: Simpson, Younger
Motion carried: 4-Yes; 2-No
5D – CONTRACT MODIFICATION AGREEMENT NO. 3 WITH AQUATECHNEX LLC FOR
PHOSLOCK TREATMENT AND AQUATIC VEGETATION HARVESTING OF KITSAP LAKE:
Through a PowerPoint presentation, NPDES Stormwater Permit Coordinator Chance Berthiaume
explained that 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.
There were no questions or comments from the public…
6:58 Motion was made by Younger; and seconded by Wheat… Questions and comments were
provided by Younger, Wheat, and Sullivan; with responses provided by Mr. Berthiaume and
Mayor Wheeler; and Mr. Riley…
7:11 M/S/C/U (Younger/Wheat) 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.
5E – AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT WITH KITSAP PUBLIC
UTILITY DISTRICT FOR SHARING FIBER OPTIC AND INFORMATION TECHNOLOGY
SERVICES AND INFRASTRUCTURE: Public Works Project Manager Katie Ketterer
summarized that the City and Kitsap Public Utility District (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.
There were no questions and comments from the public…
7:14 Motion was made by Wheat; and seconded by Simpson… Comments were provided by
Simpson…
7:16 M/S/C/U (Wheat/Simpson) Move to approve Amendment No. 1 to the Interlocal 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.
5F – AMENDMENT TO CLEAN WATER STATE REVOLVING FUND LOAN AGREEMENT WITH
THE WASHINGTON STATE DEPARTMENT OF ECOLOGY FOR THE OYSTER BAY BEACH
City Council Reg. Mtg. Minutes
Wednesday, May 5, 2021
Page 4 of 5
SEWER UPGRADES (OB-2 TO OB-1) PROJECT: Managing Engineer Bill Davis summarized
that 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.
There were no questions or comments from the public…
7:19 Motion was made by Younger; and seconded by Simpson… Comments were provided by
Younger…
7:21 M/S/C/U (Younger/Simpson) 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.
5G – CONTRACT WITH ACTIVE CONSTRUCTION, INC. FOR OYSTER BAY BEACH SEWER
UPGRADES: Managing Engineer Bill Davis stated that 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).
There were no questions or comments from the public…
7:23 Motion was made by Younger; and seconded by Simpson… Comments were provided by
Younger and Simpson…
7:28 M/S/C/U (Younger/Simpson) 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 MEMBER REPORTS
Lori Wheat thanked everyone who provided comments whether by phone call, sending an email,
or participating in the meeting tonight; and thanked Mayor Wheeler for providing updated
information from Kitsap Public Health regarding COVID-19.
Michael Goodnow proudly declared that he is fully vaccinated; looked forward to in-person
meetings; and provided an update on Charleston/Callow area businesses.
City Council Reg. Mtg. Minutes
Wednesday, May 5, 2021
Page 5 of 5
Mike Simpson thanked Public Works for the Zoom meeting to address projects planned for Marine
Drive; provided the true historical reason for celebrating Cinco de Mayo; and expressed his views
and opposition to the government lock down.
Eric Younger expressed his gratitude for items passed earlier tonight in support of the Kitsap Lake
Cleanup and the pathway in the Shorewood Drive and Madrona Point area.
Vice-President Daugs announced a free vaccine clinic on Saturday, May 8 from 10:00 AM to 3:00
PM at the Marvin Williams Recreation Center; invited the public to listen-in on the next REAC
Meeting on May 13 at 6:00 PM; and reminded the public that all meetings will be held by Zoom
until further notice, including the Study Session next week on Wednesday, May 12, 2021 beginning
at 5:00 PM.
With no further business, Vice-President Daugs adjourned the Council Meeting at 7:41 PM.
Prepared and Submitted by:
______________________________
LORI SMITH
Legislative Office Manager
APPROVED by the City Council on the 19th day of May, 2021.
________________________________________
KEVIN GORMAN, City Council President
Attest:
________________________________________
ANGELA HOOVER, City Clerk
KG:AH:ls:cg
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Minutes of Study Session – May
12, 2021
Study Session Date: N/A
COUNCIL MEETING Date: May 19, 2021
Department: City Council
Presenter: Council President
Phone: (360) 473-5280
SUMMARY: The Minutes of Study Session held on May 12, 2021 are attached.
ATTACHMENTS: Study Session Minutes
FISCAL IMPACTS (Include Budgeted Amount): None
STUDY SESSION AGENDA: ☒ N/A
STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve the May 12, 2021 Study Session Minutes as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/3/17
4C
22C
CITY COUNCIL STUDY SESSION MINUTES
Wednesday, May 12, 2021
A virtual Study Session of the City Council of the City of Bremerton was called to order on
Wednesday, May 12, 2021 at 5:00 PM, with Council President Kevin Gorman presiding. Council
Members present were Eric Younger, Mike Simpson, Michael Goodnow, Lori Wheat, Leslie Daugs,
and Pat Sullivan. Lori Smith, Legislative Office Manager, and IT Systems Administrator Kelly Wells
were present to provide staff support.
President Gorman established that to help reduce the spread of COVID-19, the City Council is
conducting the Study Session via a Zoom webinar. He further established that the Study Session
was open for the public to listen in, but there would be no opportunities for input; no action is
anticipated; and the content of these items is subject to change. If approved by the Council, items
will be placed on the May 19, 2021 City Council Meeting Agenda…
A. BRIEFINGS ON AGENDA ITEMS
1. Ordinance amending the Bremerton Municipal Code relating to General Business
Licenses to support transition to WA State Business License Services online applications
General Business
2. Public Works Agreement with Doolittle Construction, Inc. for the 2021 City Road
Preservation Project General Business
3. Local Agency Supplemental Agreement No. 2 with Skillings, Inc. for the Washington &
11th Roundabout Project Consent Agenda
4. Professional Services Agreement with Barker Creek Consulting, LLC for Construction
Management Services for Oyster Bay Beach Sewer Upgrades Consent Agenda
5. Authorize 1 FTE Transportation Project Manager and 1 FTE Internal Services Manager
for the Public Works & Utilities Department General Business
President Gorman called a break from 7:20 to 7:25 PM…
6. Authorize 1 FTE Legal Assistant for Civil Division and Increase to 1 FTE Legal Assistant
for Prosecution Division in the Legal Department General Business
7. Professional Services Agreement w/Kitsap Law Group for Interim City Attorney Legal
Services General Business
B. GENERAL COUNCIL BUSINESS
o Audit Committee Monthly Briefing (05/04/21 Meeting) – Chair Leslie Daugs
o Other General Council Business was briefly discussed.
President Gorman reminded the public that all meetings will be held remotely until further notice,
including the next regular Council Meeting on Wednesday, May 19, 2021 at 5:30 PM.
With no further business, the Study Session was adjourned at 8:10 PM.
Prepared and Submitted by:
______________________________
LORI SMITH
Legislative Office Manager
City Council Study Session Minutes
Wednesday, May 12, 2021
Page 2 of 2
APPROVED by the City Council on the 19th day of May, 2021.
______________________________
KEVIN GORMAN, Council President
ATTEST:
______________________________
ANGELA HOOVER, City Clerk
KG:AH:ls:cg
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: May 12, 2021
Local Agency Supplemental Agreement No.
2 with Skillings, Inc. for the Washington &
11th Roundabout Project
COUNCIL MEETING Date: May 19, 2021
Department: Engineering
Presenter: Andrea Archer-Parsons
Phone: (360) 473-2317
SUMMARY:
In November 2019, the City executed a contract with Skillings, Inc. for the design of the Washington
and 11th Roundabout Project in the amount of $530,000. One no cost supplemental agreement has
been executed to reallocate work from a subconsultant to Skillings. This proposed Supplement No. 2
increases the contract value by $130,882.99 for a new total of $660,882.99 to accommodate
additional design work. The design work includes replacement of lower sidewalks on Washington
Avenue between the Manette Bridge and 11th Street Place, and replacement two water main
crossings within 11th Street at Pleasant Avenue and Highland Avenue.
ATTACHMENTS: 1) Local Agency Supplement No. 2 with Skillings, Inc.; 2) Vicinity Map
FISCAL IMPACTS (Include Budgeted Amount): The project is in Transportation Projects Fund, no
budget adjustment is required.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve Supplement No. 2 with Skillings, Inc. for the Washington and 11th Roundabout
Project; and authorize the Mayor to finalize and execute the agreement with substantially the same
terms and conditions as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
4D
Supplemental Agreement
Number
Organization and Address
Phone:
Original Agreement Number
Project Number Execution Date Completion Date
Project Title New Maximum Amount Payable
Description of Work
The Local Agency of
desires to supplement the agreement entered in to with
and executed on and identified as Agreement No.
All provisions in the basic agreement remain in effect except as expressly modified by this supplement.
The changes to the agreement are described as follows:
I
Section 1, SCOPE OF WORK, is hereby changed to read:
II
Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days
for completion of the work to read:
III
Section V, PAYMENT, shall be amended as follows:
as set forth in the attached Exhibit A, and by this reference made a part of this supplement.
If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate
spaces below and return to this office for final action.
By: By:
Consultant Signature Approving Authority Signature
Date
DOT Form 140-063
Revised 09/2005
2 Skillings, Inc.
5016 Lacey Blvd. SE
Lacey, WA 98503
360-491-3399
LA 9630
STPUL-9918(017)November 26, 2019 December 31, 2022
Washington & 11th Improvements Project $ 660,882.99
This project will design and construct a roundabout in the intersection of Washington Avenue and the
Manette Bridge, and will include full street reconstruction (including sidewalks and bike lanes) on 11th Street
and Washington Avenue between the new roundabout and Pacific Avenue.
City of Bremerton
Skillings, Inc.
11/26/2019 315026
See Exhibit A Attached.
No Change
See Exhibit D-2 Attached.
Thomas Skillings, P.E., Skillings, Inc.Greg Wheeler, Mayor
LOCATIONPROJECT11TH STREET
WASHINGTON AVENUEHIGHLAND AVENUEPLEASANT AVENUE1"=100'SHEETVERT.HORIZ.SCALEBYDATENO.CITY OF BREMERTONREVISIONSDESCRIPTIONDEPARTMENT OF PUBLIC WORKS & UTILITIESCAD FILE:ENGINEERING DIVISIONIF NOT SCALE ACCORDINGLYTWO INCHES AT FULL SCALE1"02"PN:
DESC 11TH ST & WASHINGTON AVEVICINITY MAPAMENDMENT 211LOWER SIDEWALK WORK (STREET & SEWER FUNDED)WATER MAIN REPLACEMENT(WATER FUNDED)
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: May 12, 2021
Professional Services Agreement with
Barker Creek Consulting, LLC for
Construction Management Services for
Oyster Bay Beach Sewer Upgrades
COUNCIL MEETING Date: May 19, 2021
Department: Engineering
Presenter: Bill Davis
Phone: (360) 473-2312
SUMMARY:
The City of Bremerton requested proposals from four (4) qualified firms on the Municipal Research
and Services Center (MRSC) consultant roster to provide construction management services for the
project Oyster Bay Beach Sewer Upgrades. Only one proposal was received. The proposal was
reviewed and services were accepted. A fee for $262,355 was negotiated. Barker Creek Consulting
previously assisted the City in 2015 for the Washington Avenue Sewer project, which is similar in
nature to the current project.
ATTACHMENTS:
1. Professional Services Agreement with Exhibits A, B, C and D
FISCAL IMPACTS (Include Budgeted Amount): This project is included in the 2021 Wastewater
Capital Budget and is partially funded by a Department of Ecology Clean Water State Revolving
Fund loan.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve the Professional Services Agreement with Barker Creek Consulting LLC to provide
construction management services for Oyster Bay Beach Sewer Upgrades in the amount of
$262,355; 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
4E
City of Bremerton/Barker Creek Consulting, LLC Page 1 of 7
Construction Management Services for Oyster Bay Beach Sewer Upgrades
May 2021
PROFESSIONAL SERVICES AGREEMENT
Construction Management Services for
Oyster Bay Beach Sewer Upgrades
The City of Bremerton (“City”) and Barker Creek Consulting, 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 April 21, 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 $262,355. Consultant’s charges and bills
shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this
reference.
The Consultant shall submit regular billing statements detailing work performed and
amount charged on each task or portion thereof. The descriptions shall conform to and fall within
the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming
billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City
reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time
frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as
delineated in Exhibit C.
Consultant shall not perform work beyond the Scope of Work, nor shall be compensated
for such work, unless the Scope of Work or amount of compensation is modified pursuant to this
Agreement. Consultant shall only be compensated for additional services if requested pursuant to
Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit
C.
If a billing statement does not conform to this Agreement, the City may withhold payment
until the statement is brought into compliance. Such withholding does not relieve Consultant of
its obligations under this Agreement.
City of Bremerton/Barker Creek Consulting, LLC Page 2 of 7
Construction Management Services for Oyster Bay Beach Sewer Upgrades
May 2021
IV.Relationship of Parties: Consultant represents that it is skilled in the matters addressed
in the Scope of Work and is performing independent functions and responsibilities within its field
of expertise. Consultant and its personnel are independent Consultants and not employees of the
City. Consultant and its personnel have no authority to bind the City or to control the City’s
employees and other Consultants. None of the benefits provided by the City to its employees,
including, but not limited to, compensation, insurance, and unemployment insurance are available
from the City to the employees, agents, representatives, or sub-consultants of the Consultant.
Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents,
employees, representatives and sub-consultants during the performance of this Agreement. The
City may, during the term of this Agreement, engage other independent Consultants to perform
the same or similar work.
As an independent Consultant, Consultant is responsible for its own management. The
City’s administration and enforcement of this Agreement shall not be deemed an exercise of
managerial control over Consultant or its personnel.
As an independent Consultant, Consultant is responsible for payment of all taxes and
licensing fees necessary to perform its obligations under this Agreement. These taxes and fees
include but are not limited to State industrial insurance, Business & Occupation, State professional
licensing, and City business licensing. If any taxes or fees due the City have been declared
delinquent, the City may withhold the delinquent amount, plus any additional charges arising from
the delinquency, from any payments due Consultant.
V.Indemnification:
A.Consultant shall defend, indemnify and hold the City, its officers, officials,
employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the
performance of this Agreement except for that portion of the injuries and damages caused by the
City’s sole negligence, unless Consultant is conducting work pursuant to Subsection B below.
The City's review or acceptance of any of the work when completed shall not be grounds
to avoid any of these covenants of indemnification.
B.Architects, Engineers and Any Other Professional Listed In and Performing
Services Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that
Consultant’s services provided pursuant to this Agreement is subject to RCW 4.24.115, then, in
the event of liability for damages arising out of bodily injury to persons or damages to property
caused by or resulting from the concurrent negligence of the Consultant and the City, its officers,
officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to
the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER
OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE
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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.Professional Liability insurance with limits no less than $1,000,000 limit per
occurrence/claim; and
4. 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 office in Bellevue, Washington. Consultant shall make such data, documents, and
files available to the City upon its request at all reasonable times for the purpose of editing,
modifying and updating as necessary until such time as the City is capable of storing such
information in the City's offices. Duplicate copies of this information shall be provided to the City
upon its request, and at reasonable cost.
All documents, including all reports, drawings, specifications, computer software or other
items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service
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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 offices in Bellevue, Washington. Meetings with the City staff as described in
Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed
upon by the parties.
F. Entire Agreement: This Agreement and its Exhibits constitutes the entire
agreement between the Parties, and the Parties acknowledge that there are no other agreements,
written or oral, that have not been set forth in the text of this Agreement.
G. Severability: Should any part of this Agreement be found void, the balance of the
Agreement shall remain in full force and effect.
H. Modification: This Agreement may only be modified by written instrument signed
by both Parties.
I. Written Notices: All communications regarding this Agreement shall be sent to the
parties at the addresses listed below by registered or 1st class mail, or by personal service, and
shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement
or such other address as may be hereafter specified in writing.
Notices to be sent to: Notices to be sent to:
CITY: CONSULTANT:
Attn: Angela Hoover Attn: Shannon Thompson
City of Bremerton Barker Creek Consulting, LLC
345 6th Street, Suite 100 PO Box 2011
Bremerton, WA 98337-1891 Silverdale, WA 98383
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. 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.
IN WITNESS WHEREOF, the parties below have executed this Agreement.
CONSULTANT:
BARKER CREEK CONSULTING, LLC
By: ______________________________
Print Name:
Its: ______________________________
Date: ______________________________
ATTEST:
By: ______________________________
CITY:
CITY OF BREMERTON
By:
Print Name: Greg Wheeler
Its: Mayor
Date:
APPROVED AS TO FORM:
By:
Roger A. Lubovich, Bremerton City Attorney Angela Hoover, City Clerk
1 April 21, 2021
City of Bremerton
Oyster Bay Beach Sewer Upgrades
Exhibit A - Scope of Work
SCOPE OF WORK
City of Bremerton
Oyster Bay Beach Sewer Upgrades
Owner Rep Services During Construction
INTRODUCTION
Barker Creek Consulting (BCC) will provide on call owner representative construction management service
for the Oyster Bay Beach Sewer Upgrades project and work as an extension of City Staff to provide
construction management services throughout the construction of the project. A proposed schedule for the
work is provided in Exhibit B and our proposed budget is attached as Exhibit A.
The following tasks are associated with this SOW:
Task 1– Construction Management Support
Objective
Barker Creek Consulting will provide construction management support as requested throughout the
construction phase of the project. This work will be performed on a time and materials basis. Work
assignments are as follows:
Activities
The following activities may be associated with this task:
•Lead and attend weekly construction meetings
•Prepare and draft meeting agendas and meeting notes for the weekly construction meetings
•Review changes and provide comment for the preparation work change directive and field orders
•Review contractor master schedule
•Review contractor schedule of values and payment request.
•Verify certified payrolls
•Prepare contract working day reports for issuance to the contractor.
•Implement and maintain master document control system to track correspondence, shop drawing
submittals, RFI’s, laboratory and test reports, work directives, and change orders.
•Coordinate project close out and punch list with the deign team
Deliverables
The following deliverables will be prepared:
•Work change directives, field orders, pay request reviews and other document as requested by the
City
•Provide weekly construction agenda meeting notes and documentation required
EXHIBIT A
April 21, 2021
2 April 21, 2021
City of Bremerton
Oyster Bay Beach Sewer Upgrades
Exhibit A - Scope of Work
•Maintain master document control system to track correspondence, shop drawing submittals, RFI’s,
laboratory and test reports, work directives, and change orders.
•Maintain electronic files per City’s instructions.
Assumptions
The following assumptions apply to this task:
•Barker Creek Consulting will provide support on an on-call basis such as needed for negotiating
change orders, reviewing construction issue and field changes.
•Barker Creek Consulting upon request will provide staff for onsite observation which includes
tracking pay estimate quantities, coordinating special inspections and testing, and tracking all
project changes.
•Barker Creek Consulting will draft, field orders, change orders, and all pay applications for the City
staff to process.
PROJECT ASSUMPTIONS AND CONDITIONS
•This Scope of Services and associated fee schedule are based on the assumption that BARKER
CREEK CONSULTING will provide construction management services for the above stated
project on a time and material basis. The Scope of Services and associated fee schedule is based on
a time and materials not to exceed budget (see estimated effort attached). Work beyond that time
has not been included in the costs for this Scope of Services and would be considered additional or
extra work. If the project is delayed, the Contractor works on unworkable or non-working days, or
the project’s working days exceed this time, then the effort needed to provide construction services
by BARKER CREEK CONSULTING will need to be increased. The CITY and BARKER CREEK
CONSULTING will work closely to optimize this additional-required level of effort by BARKER
CREEK CONSULTING.
•Work under this contract will begin May 2020 and continue through the October 2022
•Normal working day and night work hours shall be in accordance (Monday through Friday 8:00
AM – 5:00 PM). Saturday, Sunday, and holidays, plus nighttime work may be required at the
request of the City and for work performed on those days, reimbursement shall be in accordance
with the hourly rates contained within this proposal.
•BARKER CREEK CONSULTING shall not be responsible for the Contractor’s construction
means, methods, techniques, sequences or procedures, or safety precautions and programs except
as otherwise provided in this Scope of Services. BARKER CREEK CONSULTING shall not be
responsible for the Contractor’s failure to carry out the work in accordance with the contract
documents. BARKER CREEK CONSULTING will endeavor to identify and guard the City against
defects and deficiencies in the work of the Contractor, but it is understood that BARKER CREEK
CONSULTING does not and cannot guarantee the performance of the Contractor.
•BARKER CREEK CONSULTING has prepared this Scope of Services and related cost
spreadsheet with the assumption that a competent Contractor is selected by the CITY for the
project.
April 21, 2021
City of Bremerton
Oyster Bay Beach Sewer Upgrades
Exhibit B - Schedule
EXHIBIT B - SCHEDULE
Work Element Completed By
Notice to Proceed May 2021
Substantial Completion, 30 days after anticipated
construction completion
November 1, 2022
EXHIBIT C - FEE BARKER CREEK CM SERVICES HOURLY ESTIMATE FOR OYSTER BAY BEACH SEWER UPGRADES
STAFF Jan-21 Feb-21 Mar-21 Apr-21 May-21 Jun-21 Jul-21 Aug-21 Sep-21 Oct-21 Nov-21 Dec-21 TOTAL HRS
Construction Manager 60 60 60 60 60 60 60 60 480
Senior Admin 60 60 50 50 50 50 50 50 420
Accountant 2 2 2 2 2 2 2 2 16
STAFF Jan-22 Feb-22 Mar-22 Apr-22 May-22 Jun-22 Jul-22 Aug-22 Sep-22 Oct-22 Nov-22 Dec-22 TOTAL HRS
Manager 40 40 40 40 40 40 40 40 40 20 380
Admin 50 50 50 40 40 40 40 40 40 20 410
Accountant 2 2 2 2 2 2 2 2 2 2 20
Constr.Senior
Manager Admin Acct.
Burdened Rates 2021: $165 $115 $95
Burdened Rates 2022: $170 $120 $95
480 420 16
380 410 20
$79,200 $48,300 $1,520
$64,600 $49,200 $1,900
PROJECT LABOR -$ $143,800 $97,500 $3,420
SUM OF TOTAL PROJECT LABOR $244,720
$4,900
$735
$5,635
MANAGEMENT RESERVE (written authorization only)$12,000
$262,355
ESTIMATED 2021 LABOR HOURS
ESTIMATED 2022 LABOR HOURS
HOURS
Labor 2021
Labor 2022
TOTAL ESTIMATED AMOUNT
Cost for Labor 2021:
Cost for Labor 2022:
plus 15%
Estimated @ 2 % of labor
Direct Expenses and project mileage
SUM OF DIRECT EXPENSES
SRF Specification Insert 1 Revised 10/24/2014
WASHINGTON STATE DEPARTMENT OF ECOLOGY
WATER POLLUTION CONTROL REVOLVING FUND
ENGINEERING SERVICES INSERT
Revised 10/24/14
The following clauses will be incorporated into contracts for
engineering services receiving financial assistance from the Washington State Department of
Ecology Water Pollution Control Revolving Fund. In the event of conflict within the contract
these clauses shall take precedence
Compliance with State and Local Laws
The engineering services provider (CONTRACTOR) shall assure compliance with all applicable
federal, state, and local laws, requirements, and ordinances as they pertain to the design,
implementation, and administration of the approved project.
State Interest Exclusion
Partial funding of this project is being provided through the Washington State Department of
Ecology Water Pollution Control Revolving Fund. Neither the State of Washington nor any of
its departments or employees are, or shall be, a party to this contract or any subcontract.
Third Party Beneficiary
Partial funding of this project is being provided through the Washington State Department of
Ecology Water Pollution Control Revolving Fund. 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.
Cost Basis of Contract
No contract may be written for "cost-plus-a-percentage-of-cost" or "percentage of construction
cost." The cost basis for this contract must be cost-reimbursement, unit price, fixed-price, time
and materials, or any combination of these four methods.
Funding Recognition
Documents produced under this agreement shall inform the public that the project received
financial assistance from the Washington State Water Pollution Control Revolving Fund.
Washington State Department of Ecology’s and the EPA’s logomust be on all signs and
documents. Logos will be provided as needed.
Access to the work site and to records
The CONTRACTOR shall provide for access to their records by Washington State Department
of Ecology and Environmental Protection Agency (EPA) personnel.
EXHIBIT D
SRF Specification Insert 2 Revised 10/24/2014
The CONTRACTOR shall maintain accurate records and accounts to facilitate the Owner’s audit
requirements and shall ensure that all subcontractors maintain auditable records. These records
shall be separate and distinct from the CONTRACTOR’s other records and accounts.
All such records shall be available to the Owner and to Washington State Department of Ecology
and EPA personnel for examination. All records pertinent to this project shall be retained by the
CONTRACTOR for a period of three (3) years after the final audit.
Certification Regarding Suspension, Debarment, Ineligibility Or Voluntary
Exclusion
1. The CONTRACTOR, by signing this agreement, certifies that it is not suspended,
debarred, proposed for debarment, declared ineligible or otherwise excluded from
contracting with the federal government, or from receiving contracts paid for with federal
funds. If the CONTRACTOR is unable to certify to the statements contained in the
certification, they must provide an explanation as to why they cannot.
2. The CONTRACTOR shall provide immediate written notice to the Washington State
Department of Ecology if at any time the CONTRACTOR learns that its certification was
erroneous when submitted or had become erroneous by reason of changed circumstances.
3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered
transaction, participant, person, primary covered transaction, principal, proposal, and
voluntarily excluded, as used in this clause, have the meaning set out in the Definitions
and Coverage sections of rules implementing Executive Order 12549. You may contact
the Washington State Department of Ecology for assistance in obtaining a copy of the
regulations.
4. The CONTRACTOR agrees it shall not knowingly enter into any lower tier covered
transaction with a person who is proposed for debarment under the applicable Code of
Federal Regulations, debarred, suspended, declared ineligible, or voluntarily excluded
from participation in this covered transaction.
5. The CONTRACTOR further agrees by signing this agreement, that it will include this
clause titled “Certification Regarding Suspension, Debarment, Ineligibility Or Voluntary
Exclusion” without modification in all lower tier covered transactions and in all
solicitations for lower tier covered transactions.
6. Pursuant to 2CFR180.330, the CONTRACTOR is responsible for ensuring that any lower
tier covered transaction complies with certification of suspension and debarment
requirements.
7. The CONTRACTOR acknowledges that failing to disclose the information required in
the Code of Federal Regulations may result in the delay or negation of this funding
agreement, or pursuance of legal remedies, including suspension and debarment.
8. The CONTRACTOR agrees to keep proof in its agreement file that it and all lower tier
SRF Specification Insert 3 Revised 10/24/2014
recipients or contractors are not suspended or debarred and will make this proof available
to the Washington State Department of Ecology upon request. The
RECIPIENT/CONTRACTOR must run a search in http://www.sam.gov/ and print a copy
of completed searches to document proof of compliance.
This term and condition supersedes EPA Form 5700-49, “Certification Regarding Debarment,
Suspension, and Other Responsibility Matters.”
Disadvantaged Business Enterprises
General Compliance (40 CFR Part 33).
The CONTRACTOR shall comply with the requirements of the Environmental Protection
Agency’s Program for Participation By Disadvantaged Business Enterprises (DBE) 40 CFR Part
33.
Non-discrimination Provision (40CFR Appendix A to Part 33).
The CONTRACTOR shall not discriminate on the basis of race, color, national origin or sex in
the performance of this contract. The CONTRACTOR shall carry out applicable requirements of
40 CFR part 33 in the award and administration of contracts awarded under EPA financial
assistance agreements. Failure by the CONTRACTOR to carry out these requirements is a
material breach of this contract which may result in the termination of this contract or other
legally available remedies.
Six Good Faith Efforts (40 CFR Part 33 Subpart C).
The CONTRACTOR agrees to make the following good faith efforts whenever procuring
subcontracts, equipment, services and supplies. The CONTRACTOR shall retain records
documenting compliance with the following six good faith efforts.
1. Ensuring Disadvantaged Business Enterprises are made aware of contracting
opportunities to the fullest extent practicable through outreach and recruitment activities.
For Indian Tribal, State and Local and Government recipients, this will include placing
Disadvantaged Business Enterprises on solicitation lists and soliciting them whenever
they are potential sources. Qualified Women and Minority business enterprises may be
found on the Internet at www.omwbe.wa.gov or by contacting the Washington State
Office of Minority and Women’s Enterprises at (866) 208-1064.
2. Making information on forthcoming opportunities available to Disadvantaged Business
Enterprises and arrange time frames for contracts and establish delivery schedules, where
the requirements permit, in a way that encourages and facilitates participation by
Disadvantaged Business Enterprises in the competitive process. This includes, whenever
possible, posting solicitations for bids or proposals for a minimum of thirty (30) calendar
days before the bid or proposal closing date.
3. Considering in the contracting process whether firms competing for large contracts could
subcontract with Disadvantaged Business Enterprises. For Indian Tribal, State and local
Government recipients, this will include dividing total requirements when economically
feasible into smaller tasks or quantities to permit maximum participation by
Disadvantaged Business Enterprises in the competitive process.
4. Encourage contracting with a consortium of Disadvantaged Business Enterprises when a
SRF Specification Insert 4 Revised 10/24/2014
contract is too large for one of these firms to handle individually.
5. Using services and assistance of the Small Business Administration and the Minority
Business Development Agency of the Department of Commerce.
6. If the prime contractor awards subcontracts, requiring the subcontractors to take the six
good faith efforts in paragraphs 1 through 5 above.
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: May 12, 2021
Ordinance No. 5421 amending the
Bremerton Municipal Code relating to
General Business Licenses to support
transition to WA State Business License
Services online applications
COUNCIL MEETING Date: May 19, 2021
Department: DCD
Presenter: Andrea L. Spencer
Phone: (360) 473-5283
SUMMARY: Starting in 2018 State law was changed by the Washington State Legislature with the
passage of EHB 2005; this law requires that the cities with business licensing programs contract with
either FileLocal or Washington State Business License Services (State BLS) for online license
applications. In order to meet the requirements of State law the City entered into a contract with
FileLocal in April 2018, and that contract ends on September 30, 2021.
The City will not be renewing with FileLocal because we have found that this contract has not met
our online licensing needs. In addition, prior to the execution of this contract, FileLocal shared with
the City that it was anticipated that our annual contract costs would go down over time as other cities
joined with their agency. Although other cities have joined FileLocal, our annual contract cost has
remained at approximately $40,000. All recent indications from FileLocal about future annual fees
appear to be remaining the same and not indicative of any large reductions.
In order to continue to meet the requirements of State Law, Bremerton has contracted with State BLS
for online business license applications, and the State BLS system will be live for Bremerton
Businesses on July 15, 2021. In mid-May the City will be sending correspondence to all of our
license holders to make them aware of the switch from FileLocal to State BLS and offer assistance
for the transition.
The State BLS will be responsible for the acceptance of all the City’s online business license
applications, and they will transmit all license fees that they collect back to the City. The State will
retain license fines and penalties, which are usually levied for such items as late payments. The
City’s usual annual fines and penalties are estimated to be between $10,000 to $15,000. By
changing from FileLocal to State BLS we anticipate an annual cost savings of $25,000 to $30,000.
The proposed ordinance attached to this agenda bill makes modifications to the City’s licensing code
to make the transition to the State BLS and other minor housekeeping modifications for code clarity.
ATTACHMENTS: 1) Ordinance No. 5421 2) Notice to Business Owners
FISCAL IMPACTS (Include Budgeted Amount): BMC changes have no fiscal impacts, however by
switching from FileLocal to State BLS the City saves $25,000 to $30,000 annually.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing
RECOMMENDED MOTION: Move to pass Ordinance No. 5421 to make modifications to the
Bremerton Municipal Code provisions for general business licenses to support Washington State
Business License Service (State BLS) online applications and other minor housekeeping changes for
code clarity.
COUNCIL ACTION: Approve Deny Table Continue No Action
5A
Form Updated 01/02/2018
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General Business License Revisions
ORDINANCE NO. 5421
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending provisions of the Bremerton
Municipal Code relating to general business licenses.
WHEREAS, the City Council desires to amend Chapter 5.02 and sections of other
chapters of the Bremerton Municipal Code to update provisions relating to general business
licenses; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Subsection 3.48.030(e) of the Bremerton Municipal Code entitled
"Definitions ‘E’" is hereby amended to read as follows:
(e)Definitions "E":
"Eligible gross receipts tax" means a tax which:
(1)Is imposed on the act or privilege of engaging in business activities within
BMC 3.48.050; and
(2)Is measured by the gross volume of business, in terms of gross receipts and
is not an income tax or value added tax; and
(3)Is not, pursuant to law or custom, separately stated from the sales price; and
(4)Is not a sales or use tax, business license fee, franchise fee, royalty or
severance tax measured by volume or weight, or concession charge, or payment for the use and
enjoyment of property, property right or a privilege; and
(5)Is a tax imposed by a local jurisdiction, whether within or without the State
of Washington, and not by a country, state, province, or any other nonlocal jurisdiction above the
county level.
"Engaging in business," "nexus."
(1) The term "engaging in business" means commencing, conducting, or
continuing in business and also the exercise of corporate or franchise powers, as well as
liquidating a business when the liquidators thereof hold themselves out to the public as
conducting such business.
(2) This definition sets forth examples of activities that constitute engaging in
business in the City and establishes safe harbors for certain of those activities so that a person
who meets the criteria may engage in de minimis business activities in the City without having to
register and obtain a business license or pay City business and occupation taxes. The activities
listed in this definition are illustrative only and are not intended to narrow the definition of
"engaging in business" in subsection (1) of this definition. If an activity is not listed, whether it
constitutes engaging in business in the City shall be determined by considering all the facts and
circumstances and applicable law.
(3) Without being all-inclusive, any one (1) of the following activities
conducted within the City by a person or its employee, agent, representative, independent
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contractor, broker or another acting on its behalf constitutes engaging in business and requires a
person to register and obtain a business license pursuant to Chapter 5.02 BMC:
(a) Owning, renting, leasing, maintaining, or having the right to use, or
using, tangible personal property, intangible personal property, or real property permanently or
temporarily located in the City.
(b) Owning, renting, leasing, using, or maintaining an office, place of
business, or other establishment in the City.
(c) Soliciting sales.
(d) Making repairs or providing maintenance on service to real or
tangible personal property, including warranty work and property maintenance.
(e) Providing technical assistance or service, including quality control,
product inspections, warranty work, or similar services on or in connection with tangible
personal property sold by the person or on its behalf.
(f) Installing, constructing, or supervising installation or construction of
real or tangible personal property.
(g) Soliciting, negotiating, or approving franchise, license, or other
similar agreements.
(h) Collecting current or delinquent accounts.
(i) Picking up and transporting tangible personal property, solid waste,
construction debris, or excavated materials.
(j) Providing disinfecting and pest control services, employment and
labor pool services, home nursing care, janitorial services, appraising, landscape architectural
services, security system services, surveying, and real estate services, including the listing of
homes and managing real property.
(k) Rendering professional services such as those provided by
accountants, architects, attorneys, auctioneers, consultants, engineers, professional athletes,
barbers, baseball clubs and other sports organizations, chemists, psychologists, court reporters,
dentists, doctors, detectives, laboratory operators, teachers, and veterinarians.
(l) Meeting with customers or potential customers, even when no sales
or orders are solicited at the meetings.
(m) Training or recruiting employees, agents, representatives,
independent contractors, brokers or others, domiciled or operating on a job in the City, acting on
its behalf, or for customers or potential customers.
(n) Investigating, resolving, or otherwise assisting in resolving customer
complaints.
(o) In-store stocking or manipulating products or goods, sold to and
owned by a customer, regardless of where sale and delivery of the goods took place.
(p) Except as provided in subsection (5) of this definition, delivering
goods in vehicles owned, rented, leased, used, or maintained by the person or another acting on
its behalf.
(4) Not Engaging in Business. If a person, or its employee, agent,
representative, independent contractor, broker or another acting on the person’s behalf, engages
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in no other activities in or with the City but the following, that person is not engaging in business
and therefore is not required to register and obtain a City business license pursuant to Chapter
5.02 BMC or pay City business and occupation taxes pursuant to this chapter:
(a) Meeting with suppliers of goods and services as a customer.
(b) Meeting with government representatives in their official capacity,
other than those performing contracting or purchasing functions.
(c) Attending meetings, such as board meetings, retreats, seminars, and
conferences, or other meetings wherein the person does not provide training in connection with
tangible personal property sold by the person or on its behalf.
(d) Renting tangible or intangible property as a customer when the
property is not used in the City.
(e) Attending, but not participating in, a trade show or multiple vendor
events. Persons participating at a trade show shall review the City’s trade show or multiple
vendor event ordinances.
(f) Conducting advertising through the mail.
(g) Soliciting sales by phone from a location outside the City.
(h) Providing language interpretive services to the Bremerton Municipal
Court.
(5) A business located outside the City merely delivering goods into the City by
common carrier or other means, including use of its own vehicles, is not required to register and
obtain a business license; provided, that it engages in no other business activities in the City.
Such business activities do not include those in subsection (4) of this definition.
(6) Threshold Exemption - Fee-Free License/Registration. To the extent set
forth in this definition, the following persons and businesses shall be exempt from the
registration, license and/or license fee requirements as follows:
(a) Except as set forth in subsection (6)(b) of this definition, any person
or business whose annual value of products, gross proceeds of sales, or gross income of the
business in the City is equal to or less than two thousand dollars ($2,000) and who does not
maintain a place of business within the City shall be exempt from the general business license
requirements of Chapter 5.02 BMC and this chapter.
(b) Any person or business operating as a utility provider subject to
utility taxes pursuant to Chapter 3.50 BMC whose annual value of products, gross proceeds of
sales, or gross income of the business in the City is equal to or less than two thousand dollars
($2,000) and who does not maintain a place of business within the City shall submit a business
license registration to the Tax and Licensing Division. No license fee shall be assessed for the
business license registration.
(7) Nexus. A person has created nexus with the City if, whether by itself or by
its employees, agents, representatives, independent contractors, brokers or others acting on its
behalf, it:
(a) Is physically present in the City;
(b) Endeavors to maintain a share of the market within the City; or
(c) Avails itself of the economic benefits of the City.
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The City expressly intends that engaging in business includes any activity
sufficient to establish nexus for purposes of applying the tax under the law and the Constitutions
of the United States and the State of Washington. Nexus is presumed to continue as long as the
taxpayer benefits from the activity that constituted the original nexus-generating contact or
subsequent contacts.
"Extracting" is the activity engaged in by an extractor and is reportable under the
extracting classification.
"Extractor" means every person who from the person’s own land or from the land of
another under a right or license granted by lease or contract, either directly or by contracting with
others for the necessary labor or mechanical services, for sale or for commercial or industrial
use, mines, quarries, takes or produces coal, oil, natural gas, ore, stone, sand, gravel, clay,
mineral or other natural resource product; or fells, cuts or takes timber, Christmas trees, other
than plantation Christmas trees, or other natural products; or takes fish, or takes, cultivates, or
raises shellfish, or other sea or inland water foods or products. "Extractor" does not include
persons performing under contract the necessary labor or mechanical services for others; persons
cultivating or raising fish entirely within confined rearing areas on the person’s own land or on
land in which the person has a present right of possession; or persons who fell, cut, or take
plantation Christmas trees from the person’s own land or from land in which the person has a
present right of possession; or persons meeting the definition of "farmer."
"Extractor for hire" means a person who performs under contract necessary labor or
mechanical services for an extractor.
SECTION 2. Subsection 3.48.090(1) of the Bremerton Municipal Code entitled
“Nonprofit Corporations or Nonprofit Organizations” is amended to read as follows:
(1) Nonprofit Corporations or Nonprofit Organizations. This section chapter shall not
apply to nonprofit organizations exempt from federal income tax under Section 501(c)(3) of the
Internal Revenue Code, as currently enacted and as hereafter amended, except with respect to
retail sales of such persons which are not exempt from this chapter.
SECTION 3. Section 5.03.040 of the Bremerton Municipal Code entitled
“License Required – Applications” is hereby amended to read as follows:
5.03.040 LICENSE REQUIRED - APPLICATIONS.
The provisions of this chapter shall apply whenever a regulatory license is required by a
chapter in this title. Such regulatory licenses are separate from and in addition to the general
business license issued under Chapter 5.02 BMC, which may also be required when applicable.
The regulatory licensee shall be the person or entity who owns the business. Where the license
applicant is a corporation, the term "applicant" shall include principal officers and managers.
Where the license applicant is a partnership, the term "applicant" shall include principal partners
and managers. Applications shall be filed with the Tax and Licensing Division. Each applicant
shall provide, at a minimum, the following information:
(a) True name and any assumed names or aliases used.
(b) Home address and telephone number.
(c) Sex, weight, height, color of eyes and hair.
(d) Date of birth.
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(e) A copy of applicant’s identification which must include some form of picture
identification, i.e., a driver’s license or Washington State identification card.
(f) The business occupation and/or employment history of the applicant for the five (5)
years immediately preceding the date of application.
(g) Residence address(es) of the applicant for the five (5) years preceding the date of
application.
(h) The business name, business address, and telephone number of the proposed
business.
(i) A listing and explanation of all services to be provided.
(j) A description of any other business activity to be conducted on the premises or
adjoining premises owned and controlled by the applicant.
(k) The principal enterprise of the business if different from the activity being licensed.
(l) Whether the applicant has ever been convicted, forfeited bail, or pled guilty to any
crime, excluding minor traffic offenses. If so, state the charge and the nature of the crime, the
name and location of the convicting court and the disposition thereof.
(m) Written declaration by the applicant under penalty of perjury, that the foregoing
information contained in the application is true and correct, said declaration being duly stated
and signed.
(n) Such other relevant identification and information necessary as the Director may
reasonably require to discover the truth of statements made in the application.
(o) Authorization for the City, its agents and employees to seek information and
conduct an investigation into the truth of the statements set forth in the application and the
qualifications of the applicant for the license.
SECTION 4. Section 5.06.030 of the Bremerton Municipal Code entitled
“Registration and Declaration Required” is hereby amended to read as follows:
5.06.030 REGISTRATION AND DECLARATION REQUIRED.
(a) Registration and Declaration of Compliance. Any landlord renting or making
available for rent any "dwelling unit" as defined in BMC 5.06.020 that requires a general
business license pursuant to Chapter 5.02 BMC shall annually with the general business license
application or renewal:
(1) Register each dwelling unit;
(2) Provide the City with the landlord’s name and contact information;
(3) Provide the City with the name and contact information of any person
designated by the landlord as an alternate contact or as a representative of the landlord
responsible for the management of the rental property (optional);
(4) Provide an email or mailing address or other method of contact as approved
by the Bremerton Police Department for participation in the Department’s landlord notification
program for notice of police activity on the rental property; and
(5) File with and as part of the registration a declaration of compliance as
defined in BMC 5.06.020 that each dwelling unit complies with RCW 59.18.060 of the
Landlord-Tenant Act and does not present conditions that endanger or impair the health or safety
of the tenants.
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(b) Any general business license applications required pursuant to Chapter 5.02 BMC
for rental properties pursuant to this chapter shall be included and processed in conjunction with
the rental property registration applications.
(bc) Conditions of Issuance. Issuance of the general business license shall require:
(1) Registration of dwelling units and providing the landlord’s name and contact
information as required in subsection (a) of this section;
(2) Submission of a declaration of compliance as required in subsection (a) of
this section or, as applicable, submission of certificate of inspection if required by BMC
5.06.040;
(3) Payment of applicable fees; and
(4) Compliance with this chapter.
(cd) Revocation or Denial. Any general business license issued under Chapter 5.02
BMC may be revoked or denied for any violation of this chapter by the licensee or his or her
agents or employees pursuant to BMC 5.02.180.
SECTION 5. Section 5.16.020 of the Bremerton Municipal Code entitled
“License – Required” is hereby amended to read as follows:
5.16.020 LICENSE - REQUIRED.
It is unlawful to engage in business as a peddler or mobile food vendor in the City
without first obtaining a regulatory license, as required by this chapter, in addition to a general
business license issued under Chapter 5.02 BMC. It is unlawful to engage in business as a
temporary merchant without first obtaining a regulatory license. A temporary merchant
regulatory license shall be issued in lieu of a business license and licensee shall be exempt from
payment of City business and occupation taxes. Applications for regulatory licenses shall be filed
with the Tax and License Division of the Department of Community Development.
SECTION 6. Section 5.17.020 of the Bremerton Municipal Code entitled
“License Required” is hereby amended to read as follows:
5.17.020 LICENSE REQUIRED.
It shall be unlawful for any charitable organization, its members or employees, to solicit,
collect or receive contributions in the City of Bremerton without first obtaining a regulatory
"charity solicitation license." This license is separate from the City general business license
issued under Chapter 5.02.BMC, which may also be required when applicable.
It shall be unlawful for any professional fund raiser to solicit, collect or receive
contributions in the City where it is represented that the proceeds of such solicitations or any part
thereof are to be used for a charitable purpose without first obtaining a regulatory "professional
fund raiser license" in addition to a City general business license issued under Chapter
5.02.BMC.
Applications for regulatory licenses shall be filed with the Tax and License Division of
the Department of Community Development.
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SECTION 7. Section 5.22.010 of the Bremerton Municipal Code entitled
“License – Required” is hereby amended to read as follows:
5.22.010 LICENSE - REQUIRED.
It is unlawful for any person, firm, or corporation to conduct any public dance to which
the general public is admitted without first having obtained a regulatory license in addition to a
general business license issued under Chapter 5.02 BMC. Applications for regulatory licenses
shall be filed with the Tax and License Division of the Department of Community Development.
SECTION 8. Section 5.36.010 of the Bremerton Municipal Code entitled
“License-Required” is hereby amended to read as follows:
5.36.010 LICENSE - REQUIRED.
No person, firm, company, or corporation shall run, manage, operate, or conduct any
circus, parade, carnival games/rides, street fairs, sidewalk sales, or other promotional activity
within the City without first obtaining a regulatory license in addition to a general business
license issued under Chapter 5.02 BMC. Applications for regulatory licenses shall be filed with
the Tax and License Division of the Department of Community Development.
SECTION 9. Section 5.96.050 of the Bremerton Municipal Code entitled
“License – Required” is hereby amended to read as follows:
5.96.050 LICENSE - REQUIRED.
It shall be unlawful to operate, maintain, or manage an erotic dance studio without first
obtaining a regulatory license from the City in addition to a general business license issued under
Chapter 5.02.BMC. Applications for regulatory licenses shall be filed with the Tax and License
Division.
SECTION 10. Section 20.46.030 of the Bremerton Municipal Code entitled
“Home Occupations” is hereby by amended to read as follows:
20.46.030 HOME OCCUPATIONS.
Home occupations are permitted in a residential dwelling unit subject to the following
limitations:
(a) The business shall clearly be subordinate to the use of the dwelling unit for
residential purposes.
(b) The business shall be wholly situated indoors.
(c) No person shall be employed in the home occupation unless a resident of the
dwelling unit.
(d) There shall be no exterior display, storage or other exterior indication of the
existence of the home occupation, except as allowed by the underlying zone.
(e) One (1) additional off-street parking space shall be provided in addition to the
number of off-street parking spaces already required for the dwelling. The Director may waive
this requirement if the home occupation involves Internet services that do not require customers
or deliveries at the residence.
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(f) Any sales of product shall be limited to those produced on the premises, except
products produced elsewhere may be allowed, provided the business is primarily involved in the
product’s distribution and does not attract buyers to the property for retail or wholesale sales.
(g) Sales and services to patrons shall be arranged through appointment so that only one
(1) patron vehicle is on the premises at any given time.
(h) Not more than fifty (50) percent of the gross floor area of the dwelling may be
devoted to the home occupation use.
(i) The garage shall not be used in the business unless the required off-street and
customer parking can be adequately accommodated elsewhere on the site.
(j) An independent taxi driver may operate as a home occupation; provided, that the
business has only one (1) single driver and one (1) taxi vehicle.
(k) Automotive painting, body, and engine repair, small engine repair services and any
activity likely to produce excessive noise are prohibited as home occupations.
(l) The home occupation business must acquire and maintain a general business
licenses issued under Chapter 5.02 BMC.
(lm) Persons engaged in legal home occupations on the effective date of the ordinance
codified in this chapter shall be considered legal, provided the operation is consistent with all of
the above-listed performance standards. Any home occupation which was legally established but
does not currently conform to all those standards may not expand or enlarge and shall terminate
that use upon:
(1) Change of use or ownership of the property; or
(2) Written complaint of adjacent or nearby property owners after due notice
and hearing is provided and if the Director determines that the home occupation is interfering
with the use and enjoyment of the neighboring premises and is not compatible with the
residential environment in which it is located.
SECTION 11. Chapter 5.02 of the Bremerton Municipal Code entitled "General
Business Licenses" is hereby amended to read as follows:
Chapter 5.02
GENERAL BUSINESS LICENSES
5.02.010 TITLE.
This chapter shall constitute the business license code of the city City and may be cited as
such.
5.02.020 POWER TO LICENSE FOR REGULATION AND/OR REVENUE.
This chapter is adopted by the city, exercising its power authorized under general law to
license for the privilege of engaging in business in the City and revoke the license for cause, to
regulate, make inspections and to impose excises for revenue or regulation in regard to all places
and kinds of businesses, occupations, trades, professions and any other lawful activity, as such
power is described in the RCW 35.22.280(32). The provisions of this chapter shall be liberally
construed for the accomplishment of such purposes.
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5.02.030 ADMINISTRATIVE PROVISIONS.
The provisions contained in Chapter 3.86 BMC shall be fully applicable to the provisions
of this chapter except as expressly stated to the contrary herein.
5.02.040 DEFINITIONS.
For the purposes of this chapter, the definitions set forth in Chapter BMC 3.48.030 BMC,
as currently enacted and as hereafter amended, shall apply to this chapter as applicable. In
addition, the following definitions will apply:
"Ancillary rental" means (1) the renting and/or leasing of real property by a person as
secondary to the primary business use by said person for which a business license is issued
pursuant to this chapter, or (2) the renting or leasing of a single portion of a residence that is
within the structure of the primary residence of the landlord, such as the renting of a single
bedroom; this does not include a separate or secondary dwelling unit which includes all
accessory dwelling units.
“Business Licensing Service” and “BLS” mean the office within the Washington State
Department of Revenue providing general business licensing services to the City
"Casual rental" means the renting of the primary residence of the landlord for a period of
four (4) months or less in any given calendar year.
"Engaging in business" shall also include the renting and/or leasing of real property
except for casual rentals or ancillary rentals.
"License to use" means a personal privilege to do some particular act or series of acts on
real property without possessing any estate or interest therein.
"Possessory interest" means the right to exert control over specific real property, or a
portion thereof, to the exclusion of others.
"Renting and/or leasing of real property" means the creation of a possessory interest in
residential, commercial and/or industrial real property of another party by lease, sublease,
expressed or implied rental agreement, or tenancy from period to period, for the purpose of gain,
and includes leases or rentals in mixed use structures. The renting and/or leasing of real property
does not include the license to use real property.
5.02.050 ADMINISTRATION AND ENFORCEMENT.
(a) The Director of Community Development, or designee, shall have general charge
of, and supervision over, the administration and enforcement of this chapter and shall exercise
such power and perform all the duties imposed upon him or her.
(b) Applicant shall, upon reasonable request, provide or allow the Director to inspect
relevant documentation of any licensee for verification of the information provided by
applicant/licensee on the business license application.
(c) The Director may establish administrative rules and regulations as deemed
appropriate, consistent with this chapter for the purpose of enforcing and carrying out its
provisions.
5.02.060 GENERAL BUSINESS LICENSE REQUIRED.
Any person who "engages in business" activities in the City as this term is defined in
Chapter 3.48 BMC and this chapter shall first obtain a general business license for the current
calendar year or unexpired portion thereof, and pay the fees prescribed in this chapter.
Applications for general business licenses shall be filed with the Tax and Licensing
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General Business License Revisions
Divisionmust be submitted to the Business Licensing Service. Any general business license
application required for rental property registrations pursuant to Chapter 5.06 BMC shall be
included and processed in conjunction with the rental property registration applications.
5.02.070 SEPARATE GENERAL BUSINESS LICENSE REQUIRED.
A separate license shall be obtained for each physical branch, establishment or location at
which the business related activity is carried on,. and each Each license shall authorizes the
licensee to carry on, pursue or conduct only that business, or business enterprise at that location.
A separate license is required for each distinct business activity type regardless if conducted by
the same person at the same location, provided, shall a separate license will not be required for a
business activity determined by the Director to be an accessory activity to a branch,
establishment or location for which a license is issued. A separate license shall not be required
for the renting and/or leasing of real property in multiple locations which shall be considered a
single business encompassing all rental or leased units in the city by a single owner.
5.02.080 LICENSES NOT TRANSFERABLE.
No The general business license issued under the provisions of this chapter shall beis not
transferable or assignable. unless otherwise specifically provided for herein. A license may be
transferred 1) when a business changes its structure which does not result in a substantial change
of ownership or, 2) when there is no substantial change in the type of business operated. A new
license shall beis required when a business changes its structure, the place of a business location
within the City is changed, there is a substantial change of ownership of a business or there is a
substantial change in the type of business operated.
5.02.090 LICENSE TO BE POSTED.
All licenses issued pursuant to this chapter shall must be posted in a conspicuous place at
such the location for which it was issued. No person to whom a license has been issued pursuant
to this chapter shall may allow any person for whom a separate license is required, to operate
under or to display such license, nor shall may such other person operate under or display such
license.
5.02.100 DISCLAIMER OF CITY LIABILITY.
Issuance of a license pursuant to this chapter does not constitute the creation of a duty by
the city to indemnify the licensee for any wrongful acts against the public, or to guarantee the
quality of goods, services or expertise of a licensee. The issuance of a license does not shift
responsibility from the licensee to the city for proper training, conduct or equipment of the
licensee or his agents, employees or representatives, even if specific regulations require
standards of training, conduct or inspection.
5.02.110 GENERAL QUALIFICATIONS OF LICENSEES.
(a) No license shall be issued, nor shall any license be renewed, pursuant to the
provisions of this chapter to:
(1) An applicant who is not eighteen (18) years of age at the time of application;
(2) An applicant who has had a similar license denied or revoked pursuant to
BMC 5.02.180;
(3) An applicant who shall not first comply with the general laws of the state; or
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(4) An applicant who seeks such a license in order to practice some illegal act or
some act injurious to the public health or safety.
5.02.120 APPLICATION PROCEDURE, LICENSE FEE.
(a) The business owner shall make aThe business license issued under this chapter must
be obtained prior to commencing business in the City. Application for any a business license
required under this chapter is made through the Business Licensing Service, and must include all
information required for all licenses requested, the total fees due for all licenses, and the
application handling fee required by RCW 19.02.075.to the Director on a form prepared by the
department, which application shall be accompanied by a receipt from the department showing
payment of the required fee. Business licenses shall be granted annually. The license application
fee will be reduced by one-half of the fee for applications received for businesses which begin
operation between July 1st to December 31st of the calendar year for which the license is to be
issued and is nonrefundable whether or not the license application is later denied.
(b) The City’s fee for a business licensee shall be as set forth in Chapter 3.01 BMC as
currently enacted and as hereinafter amended.
5.02.130 APPROVAL AND ISSUANCE OF BUSINESS LICENSE.
All licenses approved for issuance by the Director shall be conditioned upon compliance
at all times with all applicable ordinances, regulations and statutes of the city and the state. Upon
issuance, the license shall will be valid until the expiration date established by the Business
Licensing Service as long as the licensee continues in business and pays the city license fee and
occupation tax due pursuant to the provisions of this chapter and chapters 3.48 BMC and 3.86
BMC. and shall continue to be valid until the expiration date, which will be December 31st of
any given year. The license shall be in addition to any other license required under any law or
ordinance of the City. Issuance of a business license does not imply compliance with other City
codes.
5.02.140 RENEWAL.
The business license issued under the provisions of this chapter expires on the date
established by the Business Licensing Service (BLS) and must be renewed on or before that date
to continue to engage in business in the city after that date.The Director shall mail the forms for
business license renewals to business enterprises in the city to the last address provided to the
Director by the licensee. Failure of the business enterprise to receive any such form shall not
excuse the business enterprise from making application for and securing the required license or
renewal, or for payment of the license fee when and as due hereunder.
(a) Application for renewal of the business license is made through the BLS, and must
include all information required for each license being renewed, the total fees due for all
licenses, and the renewal application handling fee required by RCW 19.02.075.
(b) The license term and respective fee amount may be prorated as needed to synchronize
the license expiration with that of the business license account maintained by the BLS.
(c) Failure to complete the license renewal by the expiration date will incur the late
renewal penalty required bypursuant to RCW 19.02.085 and as set forth in Chapter 3.01 BMC in
addition to all other fees due.
(d) Failure to complete the license renewal within 120 days after expiration will result in
the cancellation of the license and will require applying for a new license as provided for in this
Page 12 of 14
General Business License Revisions
chapter in order to engage in business in the City. Business may not continue until the new
license has been approved by the city. The City may require payment of all past due amounts and
any applicable city penalties prior to approving the new license.
5.02.150 APPLICATION AS PUBLIC RECORD.
General business license applications and related business licensing information are
subject to applicable controls and restrictions found in RCW 19.02.115.made to the Director
pursuant to this chapter shall be public information subject to inspection by all persons except to
the extent those records may be deemed to be private or would result in unfair competitive
disadvantage to such business enterprise if disclosed, all as more particularly described in
Chapter 42.17 RCW.
5.02.160 NONPAYMENT OF BUSINESS LICENSE FEE.
All City license fees unpaid under this chapter when due and all interest and penalties
imposed by the City thereon, shall constitute a debt to the City and may be collected with any
taxes owed and in the same manner as unpaid taxes under chapters 3.48 BMC and 3.86 BMC.
5.02.170 GROUNDS FOR DENIAL OR REVOCATION OF LICENSE.
(a) In addition to the other penalties provided by law, any business license issued under
the provisions of this chapter may be denied or revoked pursuant to the provisions of this chapter
at any time, where:
(1) The license was procured by fraud, false representation or material omission
of fact, or for the violation of or failure to comply with any of the provisions of this chapter by
the person holding such license, or any of his servants, agents or employees, while acting within
the scope of their employment; or
(2) The licensee or employee of the licensee violates any of the provisions of
this chapter or any applicable city, state or federal law, including, but not limited to Chapters
3.48, 3.50 and 3.86 BMC, or the purpose for which the license was issued is being abused to the
detriment of the public, or such license is being used for a purpose different from that for which
it was issued.
(3) The licensee submits a false or fraudulent City tax return or makes a false
statement on any City tax return.
(4) The licensee fails to pay any license fee or tax to the city when due
including, but not limited to any taxes pursuant to Title 3 BMC.
(5) The licensee or employee has been convicted of a crime involving the
business.
5.02.180 DENIAL AND REVOCATION - PROCEDURE.
(a) Any application for the issuance or renewal of a license issued under this chapter
may be denied, or any license issued under this chapter may be revoked based on one or more of
the grounds set forth in BMC 5.02.170.
(b) The Director shall have the power and authority to deny the issuance of or revoke
any license issued under the provisions of this chapter. The Director shall notify such licensee in
writing by certified mail or personal service of the denial or revocation of his or her license
application or license and the grounds therefore.
Page 13 of 14
General Business License Revisions
(c) Any applicant or licensee may, within fourteen (14) calendar days from the date that
the denial or revocation notice was mailed to the applicant or licensee, appeal from such denial
or revocation by filing a written notice of appeal setting forth the grounds therefore with the
Administrative Hearing Examiner pursuant to Chapter 2.13 BMC. A filing fee as set forth in
chapter Chapter 3.01 BMC shall be submitted with the appeal, which filing fee is required to
process the appeal. The hearing shall be conducted in accordance with the procedures for hearing
contested cases set out in Chapter 2.13 BMC. After the hearing thereon the Administrative
Hearing Examiner shall, after appropriate findings of fact, and conclusions of law, affirm,
modify, or overrule the denial or revocation and order issuance or reinstatement of the license,
and may impose any terms thereupon.
(d) No renewal or revocation of a license issued pursuant to the provisions of this
chapter shall take effect until fourteen (14) calendar days after service of the notice thereof by
the Director, and if the appeal is timely filed, the renewal or revocation shall be stayed pending
final action by the Administrative Hearing Examiner. All licenses which are revoked shall be
surrendered to the City on the effective date of such revocation.
(e) The decision of the Administrative Hearing Examiner shall be final. The applicant
or licensee and/or the City may seek review of the decision by the Superior Court of Washington
in and for Kitsap County within twenty-one (21) calendar days from the date of the decision. If
review is sought as herein prescribed the renewal or revocation shall be stayed pending final
action by the Superior Court.
(f) When revoked, the license shall be canceled and immediately surrendered to the
Director. Upon revocation of any license as provided in this chapter no portion of the license fee
shall be returned to the licensee.
(g) Upon denial or revocation, the person whose application was denied or license
revoked shall not be granted a license for a business, upon any new application that may be
made, for a period of ninety (90) calendar days from date of denial or revocation and further, no
license shall be issued until such person cures any defaults that resulted in the denial or
revocation.
5.02.190 UNLAWFUL - VIOLATIONS AND PENALTIES.
(a) It shall be unlawful:
(1) For any person to engage in business without having obtained a business
license or for a person to engage in business after denial of a business license application or
renewal or after revocation of a business license.
(2) For the president, vice-president, secretary, treasurer, or other officer of any
company to engage in business without having obtained a business license or for a person to
engage in business after denial of a business license application or renewal or after revocation of
a business license.
(3) For any person to violate any provision of this chapter.
(b) Non-payment penalty. Failure In addition to any other applicable penalty provided
for in this chapter, failure to pay the City license fee prior to engaging in business in the City, or
otherwise within ninety (90) days after the date of expirationsuch payment is due, pursuant to
BMC 5.02.120, shall may subject the licensee to a monetary penalty imposed directly by the City
in the amount of fifty dollars ($50) or as otherwise amended as set forth in Chapter 3.01 BMC to
reinstate the license, in addition to the required license fee.
Page 14 of 14
General Business License Revisions
(c) Civil penalties. In addition to any violation set forth in Chapter 3.86 relating to the
administration of this chapter, any violation of BMC 5.02.190(a) constitutes a civil violation
under chapter 1.04 BMC for which a monetary penalty may be assessed and enforcement may be
required as provided therein.
(d) Criminal penalties. In addition to the foregoing penalties or any violation set forth in
Chapter 3.86 relating to the administration of this chapter, any person who violates or fails to
comply with BMC 5.02.190(a) shall, upon conviction, be punished as described in the general
criminal penalty provisions of BMC 1.12.020(2). Such person will be guilty of this violation for
each day, or portion thereof, during which the business is so engaged or carried on.
SECTION 12. Corrections. The City Clerk and codifiers of this ordinance are
authorized to make necessary corrections to this ordinance including, but not limited to, the
correction of scrivener, clerical, typographical, and spelling errors, references, ordinance
numbering, section/subsection numbers and any references thereto.
SECTION 13. Severability. If any one or more sections, subsections, or
sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this ordinance and the same shall remain in full
force and effect.
SECTION 14. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
PASSED by the City Council the___________ day of ____________________, 2021.
_________________________________
KEVIN GORMAN, Council President
Approved this ________ day of ________________________, 2021.
_________________________________
GREG WHEELER, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________________ _________________________________
ANGELA HOOVER, City Clerk ROGER A. LUBOVICH, City Attorney
PUBLISHED the ________ day of ______________________, 2021.
EFFECTIVE the ________ day of ______________________, 2021.
ORDINANCE NO. ________.
R:\Legal\Legal\Ordinances\Community Development \2021.04.02 General Business License Code Revisions - Final.docx
City of Bremerton
Tax and License Division
345 6th Street, Suite 100
Bremerton, WA 98337-1873
Phone (360) 473-5311
Or (360) 473-5298
taxinfo@ci.bremerton.wa.us
City of Bremerton Business License
We are pleased to announce that the City of Bremerton has partnered with the Department of
Revenue’s Business Licensing Service (BLS) effective 7/15/2021.
BLS will now process the City of Bremerton’s business licenses and renewals instead of FileLocal
or the City Tax & License office.
City Gross Receipts taxes and Landlord Licensing will continue to be handled by the City Tax & License Division
Registering with the City of Bremerton through the Business Licensing Service
Our partnership with BLS will allow you “one-stop shopping” when maintaining or renewing
many of your state and city licenses. New or expanding businesses will be able to apply for their
city license online along with other state and local licenses that partner with BLS. We are sure
you will value the savings in travel time, wait time, and bookkeeping costs that this service
represents.
What do I have to do?
Right now, you do not have to take any action. About six weeks before your current license
expiration date, the Business Licensing Service will send you a license renewal letter with
instructions on how to renew your City of Bremerton business license. You may use E-check or
credit card to make payment for online transactions. If you prefer to renew your license by mail
using the BLS renewal form, please do so in plenty of time to reach BLS before the expiration date
and include a check made out to DOR for the appropriate amount. If the renewal is received after
the expiration date, a late filing fee will be assessed.
What fees will I have to pay?
For renewals, you will still pay the City of Bremerton license fee, which is currently $75. The first
BLS renewal may be prorated for less than a year in order to change your current city license
expiration date to match with the expiration date BLS already has for your business in their
system. If the renewal is prorated for less than a full year, you probably will not see other fees
on this renewal. However, if your renewal is for 12 or more months, it will also show a $10
renewal processing fee. This fee helps cover BLS processing costs, as well as the printing and
mailing of renewals and licenses.
If you have questions
For more information, visit dor.wa.gov or call BLS at 360-705-6741.
Please visit www. http://bremertonwa.gov/419/Tax -License-Division for information about tax filing after 6/30/21
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: May 12, 2021
Public Works Agreement with Doolittle
Construction, Inc. for the 2021 City Road
Preservation Project
COUNCIL MEETING Date: May 19, 2021
Department: Engineering
Presenter: Andrea Archer-Parsons
Phone: (360) 473-2317
SUMMARY: The City advertised the 2021 City Road Preservation Project and three bids were
opened on April 30, 2021. Doolittle Construction, LLC is the lowest, responsive, responsible bidder
with their bid of $439,768.40, including sales tax. The project provides for chip sealing, slurry
sealing, and micro-sealing multiple locations around the City of Bremerton.
ATTACHMENTS: 1) Site Plan; 2) Bid Tabulation 3) Contract 4) Power Point Presentation Added
FISCAL IMPACTS (Include Budgeted Amount): The project is budgeted at $500,000 in the 2021
Streets Fund.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to award contract to Doolittle Construction, Inc. for the 2021 City Road Preservation Project in
the amount of $439,768.40; 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
5B
Updated
PUBLIC WORKS AGREEMENT – Page 1 of 8
2021 City Road Preservation Project
Project # 6016
PUBLIC WORKS AGREEMENT
THIS AGREEMENT is entered into between the City of Bremerton, a Washington
Municipal Corporation (“City”), and Doolittle Construction, LLC (“Contractor”), whose mailing
address is 1900 118th Ave. S.E., Bellevue, WA 98005.
The parties agree as follows:
1. CONTRACTOR SERVICES. The Contractor shall perform the following
services for the City: as described in the Bid Documents titled ‘2021 CITY ROAD
PRESERVATION PROJECT.’
2. TIME OF COMPLETION. Contractor shall complete the work within 45
working days from the date of issuance of the City’s Notice to Proceed.
3. COMPENSATION. The City shall pay the Contractor the total amount of
$439,768.40. Applicable Washington State Retail Sales Tax on this contract shall be governed
by WAC 458-20-171 and its related rules for the work contemplated in this agreement. The
Contractor shall invoice the City monthly. The City will pay for the portion of the work
described in the invoice that has been completed by the Contractor and approved by the City.
The City payment shall not constitute a waiver of the City’s right to final inspection and
acceptance of the project.
A. Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor shall
provide the City a performance bond for the full contract amount to be in
effect until thirty (30) days after the date of final acceptance, or until
receipt of all necessary releases from the State Department of Revenue
and the State Department of Labor and Industries and until settlement of
any liens filed under Chapter 60.28 RCW, whichever is later.
B. Retainage. The City shall hold back a retainage in the amount of five
percent (5%) of any and all payments made to contractor for a period of
thirty (30) days after the date of final acceptance, or until receipt of all
necessary releases from the State Department of Revenue and the State
Department of Labor & Industries and until settlement of any liens filed
under Chapter 60.28 RCW, whichever is later.
C. Defective or Unauthorized Work. The City reserves its right to withhold
payment from Contractor for any defective or unauthorized work.
Defective or unauthorized work includes, without limitation: work and
materials that do not conform to the requirements of this agreement; and
extra work and materials furnished without the City’s written approval. If
Contractor is unable, for any reason, to satisfactorily complete any portion
of the work, the City may complete the work by contract or otherwise, and
Contractor shall be liable to the City for any additional costs incurred by
the City. “Additional costs” shall mean all reasonable costs, including
PUBLIC WORKS AGREEMENT – Page 2 of 8
2021 City Road Preservation Project
Project # 6016
legal costs and attorney fees, incurred by the City beyond the maximum
Contract price specified above. The City further reserves its right to
deduct the cost to complete the Contract work, including any Additional
Costs, from any and all amounts due or to become due the Contractor.
D. Final Payment: Waiver of Claims. THE MAKING OF FINAL
PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL
PRECLUDE ALL CLAIMS, EXCEPT THOSE PREVIOUSLY AND
PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS
UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS
MADE.
4. INDEPENDENT CONTRACTOR. Contractor is and shall be at all times
acting as an independent contractor and not as an employee of the City. The Contractor shall
secure at its expense, and shall be responsible for all payments of income tax, social security,
state disability insurance compensation, unemployment compensation, and all other payroll
deductions for the Contractor, officer, agents, employees and sub-contractors. The Contractor
shall also secure all applicable business licenses, if required, in connection with the contract
services, including all required licenses for Contractor's officers, agents, employees and sub-
contractors.
5. TERMINATION. The City may terminate this agreement for good cause.
“Good cause” shall include, without limitation, any one or more of the following events:
A. The Contractor’s refusal or failure to supply a sufficient number of
properly skilled workers or proper materials for completion of the
Contract work.
B. The Contractor’s failure to complete the work within the time specified in
this agreement.
C. The Contractor’s failure to make full and prompt payment to sub-
contractors or for material or labor.
D. The Contractor’s persistent disregard of federal, state or local laws, rules
or regulations.
E. The Contractor’s filing for bankruptcy or becoming adjudged bankrupt.
If the City terminates this agreement for good cause, the Contractor shall not receive any
further monies due under this agreement until the Contract work is completed.
6. PREVAILING WAGES. Contractor shall file a “Statement of Intent to Pay
Prevailing Wages” with the State of Washington Department of Labor & Industries prior to
commencing the Contract work. Contractor shall pay prevailing wages and comply with Chapter
39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate
PUBLIC WORKS AGREEMENT – Page 3 of 8
2021 City Road Preservation Project
Project # 6016
provisions. The latest prevailing wage rate revision issued by the Department of Labor and
Industries is attached.
7. CHANGES. The City may issue a written work change directive for any change
in the Contract work during the performance of this agreement. If the Contractor determines, for
any reason, that a change order is necessary, Contractor must submit a written change order
request to the City’s project manager within two (2) business days of the date the Contractor
knew or should have known of the facts and events giving rise to the requested change. If the
City determines that the change increases or decreases the Contractor’s costs or time for
performance, the City will make an equitable adjustment. The City will attempt, in good faith, to
reach agreement with the Contractor on all equitable adjustments. However, if the parties are
unable to agree, the City will determine the equitable adjustment as it deems appropriate. The
Contractor shall proceed with the change order work upon receiving a written work change
directive or change order from the City. If the Contractor fails to require a change order within
the time allowed, the Contractor waives its right to make any claim or submit subsequent change
order requests for that portion of the contract work. If the Contractor disagrees with the
equitable adjustment the Contractor must complete the change order work; however, the
Contractor may elect to protest the adjustment as provided below:
A. Procedure and Protest by the Contractor. If the Contractor disagrees with
anything required by a work change directive or change order, including
any direction, instruction, interpretation, or determination by the City, the
Contractor shall:
1. Immediately give a signed written notice of protest to the City;
2. Supplement the written protest within fourteen (14) calendar days
with a written statement that provides the following information:
a. The date of the Contract’s protest.
b. The nature and circumstances that caused the protest.
c. The provisions in this agreement that support the protest.
d. The estimated dollar cost, if any, of the protested work and
how that estimate was determined.
e. An analysis of the progress schedule showing the schedule
change or disruption if the Contractor is asserting a
schedule change or disruption.
The Contractor shall keep complete records of extra costs and time
incurred as a result of the protested work. The City shall have
access to any of the Contractor’s records needed for evaluating the
protest.
3. The City will evaluate all protests, provided the procedures in this
section are followed. If the City determines that a protest is valid,
PUBLIC WORKS AGREEMENT – Page 4 of 8
2021 City Road Preservation Project
Project # 6016
the City will adjust payment for work or time by an equitable
adjustment. No adjustment will be made for an invalid protest.
B. Contractor’s Duty to Complete Protested Work. In spite of any protest,
the Contractor shall proceed promptly with the work as the City has
ordered.
C. Contractor’s Acceptance of Changes. The Contractor accepts all
requirements of a change order by: (1) endorsing it, (2) writing a separate
acceptance, or (3) not protesting in the way this section provides. A
change order that is accepted by Contractor as provided in this section
shall constitute full payment and final settlement of all claims for contract
time and for direct, indirect and consequential costs, including costs of
delays related to any work, either covered or affected by the change.
D. Failure to Protest Constitutes Waiver. By not protesting as this section
provides, the Contractor also waives any additional entitlement and
accepts from the City any written order (including directions, instructions,
interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the
procedures of this section, the Contractor completely waives any claims
for protested work and accepts form the City any written order (including
directions, instructions, interpretations, and determination).
8. CLAIMS. The Contractor shall give written notice to the City of all claims other
than change orders within fourteen (14) calendar days of the occurrence of the events giving rise
to the claims. Any claim for damages, additional payment for any reason, or extension of time,
whether under this agreement or otherwise, shall be conclusively deemed to have been waived
by the Contractor unless a timely written claim is made in strict accordance with the applicable
provisions of this agreement; or, if (and only if) no such provision is applicable, unless that claim
is set forth in detail in writing and received by the Cit y within seven (7) calendar days from the
date Contractor knew, or should have known, of the facts giving rise to the claim. At a
minimum, a Contractor’s written claim must include the information set forth regarding protests
in Section 7.A.2.a.-e.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM
WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS
ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM
OR CAUSED BY THAT DELAY.
Contractor must, in any event, file any claim or bring any suit arising from or connected
with this agreement within 120 calendar days from the date the contract work is complete.
9. WARRANTY. The Contractor shall correct all defects in workmanship and
materials within one year from the date of the City’s acceptance of the Contract work. When
PUBLIC WORKS AGREEMENT – Page 5 of 8
2021 City Road Preservation Project
Project # 6016
defects are corrected, the warranty for that portion of the work shall extend for one year from the
date such correction is completed and accepted by the City. The Contractor shall begin to
correct any defects within seven (7) calendar days of its receipt of notice from the City of the
defect. If the Contractor does not accomplish the corrections within a reasonable time, the City
may complete the corrections and the Contractor shall pay all costs incurre d by the City in order
to accomplish the correction.
10. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its
officer, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits including all legal costs and attorney fees, arising out of or in connection
with the performance of this agreement, except for injuries and damages caused by the City’s
sole negligence.
The City’s inspection or acceptance of any of Contractor’s work when completed shall
not be grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Contractor and
the City, its officials, employees, agents and volunteers, the Contractor’s liability hereunder shall
be only to the extent of the Contractor’s negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS
INDEMNIFICATION CONSTITUTES THE CONTRACTOR’S WAIVER OF IMMUNITY
UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSE OF
THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this
agreement.
11. INSURANCE. The Contractor shall procure and maintain for the duration of this
agreement insurance of the types and in the amounts described below against claims for injuries
to persons or damage to property which may arise from or in connection with the performance of
the work by the Contractor, its agents, representative, employees, sub-consultants or sub-
contractors.
Before beginning work on the project described in this agreement, the Contractor shall
provide a Certificate of Insurance evidencing:
A. Automobile Liability insurance with limits no less than $1,000,000
combined single limit per accident for bodily injury and property damage;
and
B. Commercial General Liability insurance written on an occurrence basis
with limits no less than $1,000,000 combined single limit per occurrence
PUBLIC WORKS AGREEMENT – Page 6 of 8
2021 City Road Preservation Project
Project # 6016
and $2,000,000 general aggregate for personal injury, bodily injury and
property damage. Coverage shall include but not be limited to: blanket
contractual; products/completed operations/broad form property damage;
explosion, collapse and underground (XCU); and
C. Excess Liability insurance with limits not less than $1,000,000 per
occurrence and aggregate; and
B. Workers Compensation insurance as statutorily required by the Industrial
Insurance Act of the State of Washington, Title 51, Revised Code of
Washington and employer's liability with limits not less than $1,000,000.
Any payment of deductible or self-insured retention shall be the sole responsibility of
the Contractor.
The City, its officials, employees, agents and volunteers shall be named as an
additional insured on the insurance policy, as respects work performed by or on behalf of the
Contractor and a copy of the endorsement naming the City as additional insured shall be attached
to the Certificate of Insurance.
The Contractor’s insurance shall contain a clause stating that coverage shall apply
separately to each insured against whom claim is made or suit is brought, except with respects to
the limits of the insurer’s liability.
The Consultant's insurance shall be primary and non-contributory insurance as respects
the City and shall contain a waiver of subrogation against the City for claims arising out of any
operations, liabilities and obligations to which coverage applies. It shall be an affirmative
obligation upon Consultant to advise the City’s Risk Manager by fax at (360) 473-5161, or by
certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6th
Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or
substantive change of any insurance policy set out herein, and failure to do so shall be construed
to be a breach of this Agreement.
The City reserves the right to receive a certified copy of all the required insurance
policies.
12. MISCELLANEOUS.
A. Equal Employment Opportunity Statement. In the hiring of employees for
the performance of work under this Agreement, the Contractor, its subcontractors, or any person
acting on behalf of Contractor shall not discriminate in any employment practice on the basis of
age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital
status, military status, or the presence of any physical, mental or sensory disability.
B. ADA Statement. The City of Bremerton does not discriminate on the
basis of disability in programs and activities, which it operates pursuant to the requirements of
the Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to
PUBLIC WORKS AGREEMENT – Page 7 of 8
2021 City Road Preservation Project
Project # 6016
both employment and admission to participation in the programs, services and activities of the
City of Bremerton. Reasonable accommodation for employees or applicants for employment
will be provided.
C. Compliance with Laws. Contractor shall comply with all federal, state
and local laws, rules and regulations throughout every aspect in the performance of this
agreement.
D. Work Performed at Contractor’s Risk. Contractor shall take all
precautions necessary and shall be responsible for the safety of its employees, agents, and
subcontractors in the performance of this agreement. All work shall be done at Contractor’s own
risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other
articles used or held for use in connection with the work.
E. Nonwaiver of Breach. The failure of the City to insist upon strict
performance of any of the terms and rights contained herein, or to exercise any option herein
conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of
those terms and rights and they shall remain in full force and effect
F. Governing Law. This agreement shall be governed and construed in
accordance with the laws of the State of Washington. If any dispute arises between the City and
Contractor under any of the provisions of this agreement, resolution of that dispute shall be
available only through the jurisdiction, venue and rules of the Kitsap County Superior Court,
Kitsap County, Washington.
G. Attorney’s Fees. To the extent not inconsistent with RCW 39.04.240, in
any claim or lawsuit for damages arising from the parties’ performance of this agreement, each
party shall be responsible for payment of its own legal costs and attorney’s fees incurred in
defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the
City’s right to indemnification under Section 10 of this agreement.
H. Written Notice. All communications regarding this agreement shall be
sent to the parties at the addresses listed on the signature page of this agreement, unless
otherwise notified. Any written notice shall become effective upon delivery, but in any event
three (3) calendar days after the date of mailing by registered or certified mail, and shall be
deemed sufficiently given if sent to the addressee at the address stated on this agreement.
I. Assignment. Any assignment of this agreement by the Contractor without
the written consent of the City shall be void.
J. Modification. No waiver, alteration, or modification of any of the
provisions of this agreement shall be binding unless in writing and signed by a duly authorized
representative of the City and Contractor.
K. Severability. If any one or more sections, sub-sections, or sentences of
this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity
PUBLIC WORKS AGREEMENT – Page 8 of 8
2021 City Road Preservation Project
Project # 6016
of the remaining portion of this agreement and the remainder shall remain in full force and
effect.
L. Entire Agreement. The written provisions and terms of this agreement,
together with any attached Exhibits, supersede all prior verbal statements by any representative
of the City, and those statements shall not be construed as forming a part of or altering in any
manner this agreement. This agreement and any attached Exhibits contain the entire agreement
between the parties. Should any language in any Exhibit to this agreement conflict with any
language contained in this agreement, the terms of this agreement shall prevail.
IN WITNESS WHEREOF, the parties below have executed this agreement.
CONTRACTOR THE CITY OF BREMERTON
Print Name: Print Name: Greg Wheeler
Title: Title: Mayor
DATE DATE
Notices to be sent to: Notices to be sent to:
CONTRACTOR: CITY OF BREMERTON:
Doolittle Construction, LLC Andrea Archer-Parsons, P.E.
1900 118th Ave. S.E. 345 6th Street, Suite 100
Bellevue, WA 98005 Bremerton, WA 98337
(360) 473-2317
(360) 473-5270 (facsimile)
APPROVED AS TO FORM: ATTEST:
Roger A. Lubovich Angela Hoover, City Clerk
Bremerton City Attorney
PUBLIC WORKS AGREEMENT – Page 9 of 9
2021 City Road Preservation Project
Project # 6016
THIS PAGE LEFT INTENTIONALLY BLANK
Legend
Chip Seal
Slurry Seal
Micro Seal
Budget
and
Schedule
Project Cost = $439,768.40
Project Budget = $500,000
Lowest Responsive, Responsible Bidder is
Doolittle Construction, LLC
Work Completed between June –August 2021
Working Hours Daytime: 9 am –3:30 pm
Working Hours Nighttime: 7 pm –5 am
Chip Seal
Micro-Surfacing
& Slurry Seal
Common Features
•Drive on Immediately after Asphalt Emulsion is Set
•Same Equipment Installs Both Applications
•Life Extension of Roadway is about 12 years prior to another treatment requirement (Applies to all 3
treatment types)
Slurry Seal
•Water Evaporation causes emulsion to “Break”
and Set
•Requires Sunlight or Daylight to Work
Micro-Surfacing
•Chemical “Break” to set emulsion
•Can be applied during daylight or night hours
•Has a little more Small Rock than Slurry Seal
AMENDED AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: April 14, 2021
Ordinance No. 5420 amending Chapter 6.32
of the Bremerton Municipal Code entitled
“Noise Levels”
COUNCIL MEETING Date: May 5 & 19, 2021
Department: Police
Presenter: Jim Burchett
Phone: 360.473.5225
SUMMARY: The City is seeking to amend Chapter 6.32 of the Bremerton Municipal Code entitled
“Noise Levels” for the purpose of minimizing the exposure of citizens to the physiological and
psychological effects of excessive noise and to protect, promote and preserve the public health,
safety and welfare. It is the express intent of the City Council to control the level of noise in a manner
which promotes commerce; the use, value and enjoyment of property; sleep and repose; and the
quality of the environment.
Recognizing these risks and within the limits established by the First Amendment, recommend
Chapter 6.32 be amended to address the problem of noise pollution.
ATTACHMENTS: Proposed Revision of BMC Chapter 6.32 – Noise Levels.
Ordinance No. 5420
FISCAL IMPACTS (Include Budgeted Amount): Undetermined at this time – training and
equipment.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing
RECOMMENDED MOTION:
May 5 – Public comments only…
May 19 – Move to pass Ordinance No. 5420 amending Chapter 6.32 of the Bremerton Municipal
Code entitled “Noise Levels.”
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
5C
Page 1 of 9
Chapter 6.32 – Noise Levels
ORDINANCE NO. 5420
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Chapter 6.32 of the
Bremerton Municipal Code entitled “Noise Levels.”
WHEREAS, the City Council desires to amend and update Chapter 6.32 of the
Bremerton Municipal Code, relating to noise levels; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 6.32 of the Bremerton Municipal Code entitled "Noise
Levels" is hereby amended to read as follows:
Chapter 6.32
NOISE LEVELS
6.32.010 POLICY AND APPLICATION.
(a)It is the policy of the City to minimize the exposure of citizens to the
physiological and psychological effects of excessive noise and to protect, promote and preserve
the public health, safety and welfare. It is the express intent of the City Council to control the
level of noise in a manner which promotes commerce; the use, value and enjoyment of property;
sleep and repose; and the quality of the environment.
(b)The following environments have been identified and approaches adopted:
(1)Use of property. The different zoning districts of the City establish lawful
uses which can be anticipated to produce noise at certain reasonable levels associated with these
uses. The provisions of BMC 6.32.030 utilize thresholds consistent with those set forth in
Chapter 70.107 RCW entitled “Noise Control” and Chapter 173-60 WAC entitled “Maximum
Environmental Noise Levels” and recognizing that decibel intervals are increased exponentially
with each ten MHz of noise generation. The use of property is better suited to the use of noise
measuring devices because use is consistent and can be measured at the property line from the
property of the complainant. Intermittent noises and noise generated for the purpose of
annoyance is more sporadic in nature and requires a different approach. The provisions of BMC
6.32.050 entitled “Public Disturbance Noises” are aimed at those situations which are difficult or
impossible to address through measurement pursuant to BMC 6.32.030 entitled “Environmental
Sound – Maximum Permissible Levels”. In administering and enforcing the provisions of this
chapter, the City desires to coordinate the application of these two approaches. The content of
the speech shall not be considered against any person in determining a violation of this Chapter.
(2)Similarly, public uses of the rights-of-way, such as parades, and First
Amendment speech such as a lawful demonstration should be differentiated from pure
commercial speech. Pure commercial speech has been defined by the US Supreme Court as
speech “which does no more than propose a commercial transaction.” Such speech while
protected is susceptible of regulation provided that the City address the legitimate public concern
of noise pollution in a thoughtful and targeted manner.
Page 2 of 9
Chapter 6.32 – Noise Levels
(3) Finally, the City recognizes that the use of bells, chimes and carillons may
constitute a call to worship and accordingly such a use is protected as religious speech under the
First Amendment. In addition, the historic use of a carillon by the City of Bremerton is an
established historical use appropriate within the zone in which it is located. These noises are
appropriate when limited by reasonable time, place and manner restrictions.
(c) The provisions of this chapter shall be administered and enforced by the
Administrator defined in BMC 6.32.020(a) below.
6.32.010020 DEFINITIONS.
All technical terminology used in this chapter not defined herein shall be interpreted in
conformance with American National Standards Institute Specifications, Sections 1.1-1960 and
1.4-1971. For purposes of this chapter, the words and phrases used herein shall have the meaning
indicated below:
(a) "Administrator" means the Chief of Police or the Director of the Department of
Community Development, Mayor of the City of Bremerton, or his or her designee as applicable,
or his or her designee.
(b) "db(A)" means a sound level, measured in decibels, using the A frequency-
weighting network of a sound-level meter.
(c) “City” means City of Bremerton.
(cd) "District" means the land use zones to which the provisions of this chapter apply.
For the purposes of this chapter, the following noise control districts shall be established, which
include land use zones designated in the Bremerton zoning and subarea plan ordinances, as
follows:
Noise
Control
District
Land Use Zones (pursuant to
BMC Title 20 and Subarea
Plans)
District I R-10, R-10M18, R-2040, East
Park Subarea Plan (SAP)
District II NB, BC, DCC, DW, DC, EC,
INST, GC, Bay Vista SAP,
Downtown SAP, Gorst SAP,
Eastside Village SAP
District III I, CUL, WS, FC, PSIC SAP
(de) "Emergency work" means:
(1) Work made necessary to restore property to a safe condition following a
public emergency consistent with BMC Chapter 2.26. calamity;
(2) Work required to protect persons or property from imminent exposure to
danger; or
(3) Work by private or public utilities for providing or restoring immediately
necessary utility service.
(f) “Enforcement Officer” means the Administrator or a city, county or state law
enforcement officer, City code enforcement officer or other official designated or authorized by
the Administrator to enforce the provisions of this chapter.
Page 3 of 9
Chapter 6.32 – Noise Levels
(g) “Impulsive sound” means sound having the following qualities: the peak of the
sound level is less than one (1) second and short compared to the occurrence rate; the onset is
abrupt; the decay rapid; and the peak value exceeds the ambient level by more than ten (10)
dB(A).
(h) “Leq” means the equivalent sound level, which is the constant sound level in a
given time period that conveys the same sound energy as the actual time-varying A-weighted
sound. The applicable time period for the Leq must be specified.
(i) “Lmax” means the maximum sound level over a measurement interval determined
by using a sound level meter set to “Fast” response time.
(ej) "Motorcycle" means any motor vehicle having a saddle for the use of the rider and
designed to travel on not more than three (3) wheels in contact with the ground, except farm
tractors and such vehicles powered by an engine of less than five (5) horsepower.
(fk) "Motor vehicle" means any vehicle which is self-propelled, used primarily for
transporting persons or property upon public highways, and required to be licensed under
RCW 46.16.010 or a motorized transportation device as defined in BMC 10.13.010. (Aircraft,
watercraft, and vehicles used on rails or tracks are not motor vehicles as that term is used herein.)
(gl) "Noise" means the intensity, duration and character of sounds from any and all
sources. The terms “noise” and “sound” can be used interchangeably for purposes of this
chapter.
(hm) "Person" means any natural person,individual firm, association, partnership,
corporation or any other entity, public or private.
(i) "Police officer" means a duly appointed city, county or State law enforcement
officer.
(jn) "Property boundary" means the survey line at ground surface which separates real
property owned, rented or leased by one or more other persons and its vertical extension.
(ko) "Receiving property" means real property within which sound originating from
sources outside the property is received.
(p) “Sound” means vibrations that travel through the air or another medium and are
audible to the human ear. The terms “sound” and “noise” can be used interchangeably for
purposes of this chapter.
(lq) "Sound level" means a weighted sound pressure level obtained by the use of a
sound level meter and weighted as specified in American National Standards Institute
Specifications (ANSI), Section 1.4-19711983, as it now exists or is hereafter amended..
(mr) "Sound level meter" means a sound-level measuring device, either Type I or Type
II, as defined by American National Standards Institute Specifications, Section 1.4-19711983, as
it now exists or as hereafter amended..
(ns) "Weekend" means Saturday and Sunday or any legal holiday.
6.32.040030 ENVIRONMENTAL SOUND – MAXIMUM PERMISSIBLE
LEVELS.
(a) It is unlawful for any person to cause or permit noise from any source located within
the City of Bremerton to intrude into the property of another which exceeds the maximum or
permissible exterior noise level limits set forth below:
Page 4 of 9
Chapter 6.32 – Noise Levels
TABLE I – Exterior noise level limits
District of
Sound
Source
District Receiving Property
Within the City of Bremerton
I II III
I 55 dB(A) 57 dB(A) 60 dB(A)
II 57 dB(A) 60 dB(A) 65 dB(A)
III 60 dB(A) 65 dB(A) 70 dB(A)
(b) The exterior noise level limits are based on the Leq, as defined in BMC 6.32.020,
during the measurement interval, using a minimum interval of one (1) minute for a constant
sound source, or a one-hour measurement for a non-continuous sound source. The standard of
measurement shall be a one hour Leq. Leq may be measured for times not less than one (1)
minute to project an hourly Leq.
(1) During a measurement interval, Lmax, as defined in BMC 6.32.020, may
exceed the exterior sound level limits shown in Table I by no more than 15 dB(A).
(2) For any source of sound that is impulsive, as defined in BMC 6.32.020,
and not measured with an impulse sound level meter, the exterior sound level limits established
by Table I are reduced by 5 dB(A).
(bc) Between the hours of 10:00 p.m. and 7:00 a.m. the noise limitations of the
foregoing table shall be reduced by ten (10) dBA for receiving property within District I and
District II.
(cd) At any hour of the day or night the applicable noise limitations in (a) and (bc)
above may not be exceeded for any receiving property. by no more than:
(1) Five (5) dBA for a total of fifteen (15) minutes in any one (1) hour period; or
(2) Ten (10) dBA for a total of five (5) minutes in any one (1) hour period; or
(3) Fifteen (15) dBA for a total of one and one-half (1.5) minutes in any one (1)
hour period.
(de) Exemptions.
(1) The following shall be exempt from the provisions of subsections (a) and
(bc) between the hours of 7:00 a.m. and 10:00 p.m.:
i. Sounds originating from residential property relating to temporary projects
for the maintenance or repair of homes, grounds and appurtenances.
ii. Sounds created by the discharge of firearms on authorized shooting
ranges.
iii. Sounds created by blasting conducted in compliance with WAC 296-52-
64005.
iv. Sounds created by aircraft engine testing and maintenance not related to
flight operations; provided, that aircraft testing and maintenance shall be conducted at remote
sites whenever possible.
v. Sounds created by the installation or repair of essential utility services.
Page 5 of 9
Chapter 6.32 – Noise Levels
(2) The following shall be exempt from the provisions of subsection (cb).
i. Noise from electrical substations and existing stationary equipment used
in the conveyance of water, waste waterwastewater, and natural gas by a utility.
ii. Noise from existing industrial installations which exceed the standards
contained in these regulations but which comply with or are authorized by the State Department
of Ecology pursuant to Chapter 70.107 RCW entitled “Noise Control”, Chapter 173-58 WAC
entitled “Sound Level Measurement Procedures” and Chapter 173-60 WAC entitled “Maximum
Environmental Noise Levels”.and which, over the previous three years, have consistently
operated in excess of fifteen (15) hours per day as a consequence of process necessity and/or
demonstrated routine normal operation. Changes in working hours, which would affect
exemptions under this regulation, require approval of the State Department of Ecology.
(3) The following shall be exempt from the provisions of subsections (a) and
(cb), except insofar as such provisions relate to the reception of noise within District I and
District II between the hours of 10:00 p.m. and 7:00 a.m.
i. Sounds originating from duly permitted temporary construction sites as a
result of construction activity.
ii. Sounds originating from forest harvesting and silvicultural activity.
(4) The following shall be exempt from all provisions of subsections (a) and
(cb):
i. Sounds created by motor vehicles when regulated by Chapter 173-
62 WAC.
ii. Sounds originating from aircraft in flight and sounds that originate at
airports which are directly related to flight operations.
iii. Sounds created by surface carriers engaged in interstate commerce by
railroad.
iv. Sounds created by warning devices not operating continuously for more
than five (5) minutes, or bells, chimes, and carillons which do not exceed five (5) minutes in an
hour when operated between the hours of 7:00 a.m. and 10:00 p.m.
v. Sounds created by safety and protective devices where noise suppression
would defeat the intent of the device or is not economically feasible.
vi. Sounds created by emergency equipment and work necessary in the
interests of law enforcement or for health safety or welfare of the community.
vii. Sounds originating from motor vehicle racing events at existing
authorized facilities.
viii. Sounds originating from officially sanctioned parades and other public
events when duly permitted and conducted within the public right-of-way or on a site designated
by the applicable permit.
ix. Sounds emitted from petroleum refinery boilers during start-up of said
boilers; provided, that the start-up operation is performed during daytime hours whenever
possible.
x. Sounds created by watercraft.
xi. Sound created by the discharge of firearms in the course of hunting.
ix. xii. Sounds created by motor vehicles, licensed or unlicensed, when
operated off public highways except when such sounds are received in District I and District II.
x. Fireworks lawfully discharged within the City pursuant to Chapter 9.48
BMC.
Page 6 of 9
Chapter 6.32 – Noise Levels
6.32.050040 MEASUREMENT OF SOUND.
(a) If the measurements of sound are made with a sound-level meter, it shall be an
instrument in good operating condition meeting the requirements for a Type I or Type II
instrument, as delineated in American National Standards Institute Specifications (ANSI),
Section 1.4-19711983, as it now exists or is hereafter amended.. If the measurements are made
with other instruments, or assemblages of instruments, the procedure must be carried out in such
a manner that the overall accuracy shall be at least that called for in Section 1.4-1971 1983 ANSI
for Type II instruments.
(b) When the location, distance or technique for measurement of sound is impractical or
would yield misleading or inaccurate results, measurements shall be taken at other locations or
distances utilizing appropriate correction factors, as specified in the rules promulgated by the
Administrator.
(c) Where a receiving party is partly within one (1) district and partly within another,
the maximum permissible noise level at a point within the property boundary shall be that
permitted into a receiving property wholly within the lowest intensity district in which the sound
is measured.
6.32.060 POSITION OF ADMINISTRATOR ESTABLISHED.
(a) Establishment. The position of administrator is hereby established, and shall be the
mayor, or his or her designee. The administrator is authorized and directed to administer and
enforce the provisions of this chapter.
(b) Qualifications of Administrator. The administrator shall be a person having a
working knowledge of acoustics and competent in the field of noise control. The administrator
shall have completed instructional guidance provided by the State Department of Ecology or
other recognized institution to operate Type I and Type II sound-level meters, and make all
computations and calculations necessary to enforce this chapter.
(c) Duties of Administrator. The duties of the administrator shall include, but are not
limited to:
(1) Obtaining assistance from other appropriate city departments and officials;
(2) Training law enforcement officers and staff;
(3) Purchasing measuring instruments and training inspectors in their
calibration and use;
(4) Establishing a noise-control field procedures manual providing techniques
and procedures for measuring or reducing noise to provide for clarification, interpretation and
implementation of this chapter;
(5) Investigating citizens’ noise complaint;
(6) Issuing orders for the reduction or elimination of noise;
(7) Assisting citizens and city departments in evaluating and reducing the
noise impact of their activities;
(8) Assisting city planning officials in evaluating the noise component in
planning and zoning actions;
(9) Instituting a public education program on noise; and
(10) Reviewing at least every three years the provisions of this chapter and
recommending revisions consistent with technology to reduce noise.
Page 7 of 9
Chapter 6.32 – Noise Levels
6.32.070 VARIANCE PROCEDURE.
(a) A person who owns or is in possession of any property or use, or any process or
equipment, may make a request for a variance to the Administrative Hearing Examiner for relief
from any provision of this chapter governing the quality, nature, duration or extent of discharge
or noise. The application shall be accompanied by such information and data as the Hearing
Examiner may require. The Hearing Examiner shall enforce rules and regulations governing the
application for and granting of variances, including hearing and notices. A variance or its
renewal shall not be the right of the applicant or holder thereof, but shall be at the reasonable
discretion of the Hearing Examiner.
(b) The variance shall not be granted under this section unless the Hearing Examiner
has considered the relevant interests of the applicant, other owners of property likely to be
affected, and the general public and finds that all the following facts and conditions exist:
(1) That there are exceptional or extraordinary circumstances or conditions
applying to the applicant’s property, or intended use thereof, that do not apply generally to other
properties in the same noise control district;
(2) That such variance is necessary for the preservation and enjoyment of a
substantial personal or property right of the applicants possessed by the owners of other
properties in the same noise control district;
(3) That the authorization of such variance does not endanger public health or
safety in the same or adjacent noise control districts;
(4) That the granting of such variance will not adversely affect the general
policy and purposes of this chapter.
(c) In authorizing a variance, conditions regarding noise level, duration, type and other
considerations deemed necessary to carry out the policy and purpose of this chapter may be
imposed.
6.32.090 APPEAL TO SUPERIOR COURT
An appeal of the decision of the Hearing Examiner must be filed with the Superior Court
within twenty-one (21) calendar days of the issuance of the decision.
6.32.110050 PUBLIC DISTURBANCE NOISES
It is hereby unlawful and declared a public nuisance for any person to cause, or for any
person in possession of property to allow to originate from the property, noise defined in this
section. For prosecution under this section, evidence of sound level through the use of a sound
level meter reading shall not be necessary to establish a commission of the offense. Provisions of
this section shall be cumulative and not exclusive, and shall not affect any other claim, cause of
action or remedy including any prosecution for violation of sections regulating environmental
noise. The content of the noise will not be considered in determining a violation. For purposes
of this section, any noise or sound emanating from a business or other source on the property
shall be presumed to be with knowledge, permission or consent of the owner or legal occupant of
the property, which presumption may be rebutted by reasonable evidence to the contrary. The
following shall be public disturbance noises:
(a) The frequent, repetitive or continuance sound of any horn or siren attached to a
motor vehicle, except as a warning of danger or as specifically permitted or required by law.
(ba) The creation of frequent, repetitive or continuous noise in connection with the
starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off-highway
vehicle or internal combustion engine within District I and District II so as to unreasonably
Page 8 of 9
Chapter 6.32 – Noise Levels
disturb or interfere with the peace, comfort and repose of owners or possessors of real property
so as to be audible greater than one hundred (100) feet from the source.
(cb) The use of a sound amplifier or other device capable of producing or reproducing
amplified sound upon public streets for the purpose of commercial advertising or sales or for
attracting the attention of the public to any vehicle, structure or property or the contents therein
operated at a volume so as to be audible greater than one hundred (100) feet from the source,
except as permitted by law, and except that vendors whose sole method of selling is from a
moving vehicle shall be exempt from this subsection.
(dc) Sound from motor vehicle sound systems, such as tape players, radios, and
compact disc players, operated at a volume so as to be audible greater than fiftyone hundred
(50100) feet from the vehicle itself.
(ed) Operating or playing, or permitting the operating or playing of, any audio
equipment, television set, musical instrument, or any sound, music or other noise emanating
from any other fixed or portable audio equipment or similar device, operated at a volume so as to
be audible greater than one hundred (100) feet from the source.Sound from audio equipment,
such as tape players, radios, and compact disc players, operated at a volume so as to be audible
greater than fifty (50) feet from the source.
(e) Creating loud, raucous, frequent, repetitive, or continuous sounds with the human
voice, whether by amplification equipment, such as a microphone, or not, so as to be audible
greater than one hundred (100) feet from the source.
(f) The creation of any loud noises which emanate frequently, or repetitively or
continuously from any building, structure or property which unreasonably disturbs the peace,
comfort and repose of others so as to be audible greater than one hundred (100) feet from the
source..
(g) Any noise exempted by BMC 6.32.030 shall be exempt from the provisions of BMC
6.32.050 pursuant to the conditions and terms creating the exemption set forth in BMC 6.32.030.
6.32.115 BELLS, CHIMES OR CORILLONS.
The operation of bells, chimes or carillons shall be exempt from the provisions of this
chapter.
6.32.120060 VIOLATIONS – CIVIL PENALTY, CRIMINAL PENALTY.
(a) Civil Infraction. Any person who violates the provisions of this chapter shall be
subject to a civil penalty of up to $250.00; provided, that the penalty for a second or subsequent
violation within a two-year period shall be a civil penalty of up to $500.00, unless determined to
be a habitual violator pursuant to Subsection (b) below.Every offense defined by this chapter or
conduct made unlawful hereby shall constitute a civil infraction under the Bremerton Municipal
Code; provided, however, A second violation within a twenty-four (24) hour period shall
constitute a misdemeanor.
(b) Habitual Violators – Misdemeanor. Any person, after receiving three (3) or more
infractions, singularly or in combination, for prior violations of this chapter within a one hundred
and eighty (180) day period found to be committed by the Municipal Court shall be guilty of a
misdemeanor pursuant to BMC 1.12.020(2) upon a subsequent violation within said one hundred
and eighty (180) day period. A conviction of a misdemeanor under this subsection shall be
considered and counted as an infraction for the purpose of determining whether or not a violator
is a habitual violator. In addition to any other sanction or injunctive procedure which may be
available at law or equity, any person failing to comply with the final order issued by the
Page 9 of 9
Chapter 6.32 – Noise Levels
administrator or a police officer shall be subject to a cumulative civil penalty in an amount not to
exceed one hundred dollars ($100.00) per day from the date set for compliance until compliance.
The civil penalty shall be collected by legal action brought in the name of the City.
(c) For enforcement purposes, each day, defined as a twenty-four (24) hour period
beginning at 12:01 a.m. in which violation of this chapter occurs, shall constitute a separate
violation.
SECTION 2. Corrections. The City Clerk and codifiers of this ordinance are
authorized to make necessary corrections to this ordinance including, but not limited to, the
correction of scrivener, clerical, typographical, and spelling errors, references, ordinance
numbering, section/subsection numbers and any references thereto.
SECTION 3. Severability. If any one or more sections, subsections, or sentences
of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the
validity of the remaining portion of this ordinance and the same shall remain in full force and
effect.
SECTION 4. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
PASSED by the City Council the___________ day of ____________________, 2021.
_________________________________
KEVIN GORMAN, Council President
Approved this ________ day of ________________________, 2021.
_________________________________
GREG WHEELER, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________________ _________________________________
ANGELA HOOVER, City Clerk ROGER A. LUBOVICH, City Attorney
PUBLISHED the ________ day of ______________________, 2021.
EFFECTIVE the ________ day of ______________________, 2021.
ORDINANCE NO. ________.
R:\Legal\Legal\Ordinances\Police\BMC 6.32 - Noise Levels - City version 15 - 4.16.21 - Final.docx
To Whom it May Concern.
Noise Ordinance Dispute.
Society has become a bit of a traveling carnival today. Absence of Noise is really a thing
of the past. Being confined to an area during Covid has taught me to be aware of and
welcome the Noise. We welcome the sound with open arms. Being here in Kitsap
County its majority is a Navy town made up of vets and sailors. You know the
expression, “Curse like a Sailor”. The Constitution under the Bill of Rights gives us the
right to listen to what we want without the intrusion of someone who may or may
not dislike what we are surrounding ourselves with. The laws protect our communities.
As that may be, I think it is important to Understand that Obstructing Noise can lead to
more and more problems and even offend those who know what they can and cannot
do as a citizen of this Nation. I live in a high traffic zone, so vehicles are loud Monday
thru Friday 4:30 am - 7:30 pm, the military base normal operating hours.
These individuals are just going about their day normally with nothing to worry about. If
someone lives in a high traffic area and repeatedly calls 911, falsely reporting a crime, it
is a felony, I may add. If someone does not like noise, why move to or continue to live in
the bustling city where you are going to get noise all day every day. Downtown Navy
base gates are loud because they must be. If someone lives near this noise and decides
to repel it peacefully by listening to a Bluetooth Speaker like Altec Lansing or JBL (etc.)
little devices, I say let them listen, it’s their American God given Right. For those using
illegal exhaust pipes, well I do see it here and there, but they only make sound around
me or others for about 4.5 Seconds so nothing to worry about. We have to decide what
we want our future generations to remember us by. Did we stand by the constitution o r
did we betray our lady of liberty. With that being said, if you violate local sign laws I see
no reason as to why someone shouldn’t receive a ticket. I believe We the Residents of
America and the state of Washington and Kitsap have a right to what everyone else is
listening too. If the music is not on a Banned List, nobody should Complain. If the City
receives 911 calls because the music bothers them, oh well that’s life. If you don’t like it,
move away or be put in iron chains for being a part of the problem and not the solution.
Furthermore, to conclude, a disturbance should include one or more of the following:
A party with more than 10 individuals being loud after hours or before 4:30am for
military base zones or 6am for residential zones as it is normal American hours to get up
by 6am Monday-Friday. Weekends should be 8am to 10pm. I say without a doubt the
police or 911 should hang up on someone calling a false report and send a unit to give a
warning to the individual for not finding something better to do with their time. If
enough warnings have been given to the caller, arrest the 911 caller for reporting a false
crime. I say let that echo in society. The 911 responders have actual criminals to catch
with rap sheets a mile long. These are my observations, conclusions, and
recommendations based on my numerous encounters at the Naval Avenue gate.
Sincerely, Joseph Timothy Redal
From: City Council
Sent: Wednesday, May 5, 2021 11:23 AM
To: 'edward coviello' <edwardcoviello@yahoo.com>
Cc: City Council <City.Council@ci.bremerton.wa.us>; Greg Wheeler
<Greg.Wheeler@ci.bremerton.wa.us>; James Burchett <James.Burchett@ci.bremerton.wa.us>
Subject: RE: Citizen Comments - Noise Ordinance (Edward Coviello)
Mr. Coviello,
This is to acknowledge that your email has been received, and will be shared with the Council Members,
including Council Member Michael Goodnow, for their review and consideration.
Due to the subject matter, a copy of the attached letter will also be shared with Mayor Wheeler and
Chief Burchett; and a copy will also be included as a part of the record under Item 5A for the May 5 City
Council Meeting.
Thank you for taking the time to submit your comments.
Christine Grenier
Legislative/Auditor Assistant
Bremerton City Council
(360) 473-5280
www.BremertonWA.gov
From: edward coviello <edwardcoviello@yahoo.com>
Sent: Wednesday, May 5, 2021 9:57 AM
To: City Council <City.Council@ci.bremerton.wa.us>
Subject: Fw: Noise Ordnance Amendment
CAUTION: This email originated from outside of the organization. Do not click links or open attachments
unless you recognize the sender and know the content is safe.
Sent from Yahoo Mail on Android
----- Forwarded Message -----
From: "edward coviello" <edwardcoviello@yahoo.com>
To: "Michael Goodnow" <michael.goodnow@ci.bremeeton.wa.us>
Cc:
Sent: Wed, May 5, 2021 at 9:53 AM
Subject: Noise Ordnance Amendment
Hi Council member
I am in support of the amendment as proposed tonight.
My concern is that there is a lack of understanding as to what legal fireworks are. Are the loud sticks of
explosives or morton's that shake the ground exempt? As seen on page 5 of 9? If so the Ordnance does
little to deal with the random bombs that seem to go off around the fourth and new years. These are
clearly not in compliance with the State fireworks laws.
I am looking forward to leaving Washington State in the future but I have to stay here for work until I'm
old enough to retire. Until then I live in fear of noise and illegal fires that people burn in our area.
Headphones cannot cancel the scope of the sound as they are as loud as the small rocket attacks I
experienced. It's not a pleasant place to live. I also apologize for having PTSD from my time in Iraq and
other work that impacted me. If I had known it would impact me I would have not gone there.
I won't be able to make the public comment part of the meeting but would like my voice heard.
Thank you
Edward
Michael Goodnow's district
Sent from Yahoo Mail on Android
From: City Council
Sent: Wednesday, May 5, 2021 3:12 PM
To: 'Mark S' <satterthwait@gmail.com>
Cc: City Council <City.Council@ci.bremerton.wa.us>; Greg Wheeler
<Greg.Wheeler@ci.bremerton.wa.us>; James Burchett <James.Burchett@ci.bremerton.wa.us>
Subject: RE: Citizen Comments - Noise Ordinance (Mark Satterthwait)
Mr. Satterthwait,
This is to acknowledge that your email has been received, and will be shared with the Council Members,
for their review and consideration.
Due to the subject matter, a copy will also be shared with Mayor Wheeler and Chief Burchett; and a
copy will be included as a part of the record under Item 5A for the May 5 City Council Meeting.
Thank you for taking the time to submit your comments. Also, in response to your questions, I’ve
attached the proposed ordinance, which is also available on the City’s
Website www.BremertonWA.gov/CouncilAgenda.
Christine Grenier
Legislative/Auditor Assistant
Bremerton City Council
(360) 473-5280
www.BremertonWA.gov
From: Mark S <satterthwait@gmail.com>
Sent: Wednesday, May 5, 2021 11:52 AM
To: City Council <City.Council@ci.bremerton.wa.us>
Subject: Bremerton
CAUTION: This email originated from outside of the organization. Do not click links or open attachments
unless you recognize the sender and know the content is safe.
G'day,
This is a copy from my Facebook page addressing the issue of the "so
called" public comments regarding the changes to the noise ordinance. I
think it covers everything.
Thanks,
Mark Satterthwait:
"[UPDATE] My apologies, to any and all, especially those not from Beautiful
Bremerton WA., and maybe to some of those that are; but it has just come
to my attention that the Bremerton City Council is opening up “public
comment” on a noise ordinance that COULD EFFECT LIVE MUSIC in the
city of Bremerton – TODAY.
LIVE MUSIC - in the city of Bremerton – TODAY!
We’ve just gotten through a year, and then some, without live music,
I’d hate to see that become the norm. But here’s the deal, not only are
they rushing this through without the proper “public” notification, as far as
I can tell, they’ve pulled the actual Ordinance No. 5420 [To Repeal and
Replace Chapter 6.32 of the Municipal Code] from the very packet in which
they’re announcing the “public comments”!
How the HECK are you supposed to comment on something you can’t
even read? What’s going on? Is it a good thing or… If anybody knows,
please let me know. The City Council meeting is scheduled for 5:30
TODAY, 5/5 – it’s a ZOOM meeting, but you can email the City Council at
City.Council@ci.bremerton.wa.us. They will apparently be deciding the
issue, whatever the HECK the issue is, on the 19th. …be sure to mention
the lack of information on their website and maybe add that the Noise
Police should at least be armed with actual Decibel Meters [currently they
are not – and have mostly been relying on peoples complaints; especially
one women.
This issue is not new; it started a couple years ago when ONE
WOMAN who lived near ONE VENUE [the one with weekly singer-
songwriter showcase, weekly jazz [yes, right here in Bremerton], and yes,
weekly Rock-and-roll] started calling the police, with whom she apparently
has some connection, to complain about the noise. It actually went to a
Judge who threw out the woman’s very singular complaint, and verbally
slapped her on the wrist for her whole endeavor, including, and especially,
her use of the police. The Judge at the time was not impressed.
Obviously, this singular woman knows some very Singular People,
and we now have “Ordinance No. 5420”, that nobody can read, that is
open for “public comment” TODAY!, and going to be decided on on the
19th. If you appreciate live music, ZOOM or email the heck out ‘em."
From: City Council
Sent: Wednesday, May 5, 2021 5:17 PM
To: 'Dianna Eversole' <deversole2009@live.com>
Cc: City Council <City.Council@ci.bremerton.wa.us>; Greg Wheeler
<Greg.Wheeler@ci.bremerton.wa.us>; James Burchett <James.Burchett@ci.bremerton.wa.us>
Subject: RE: Citizen Comments - Noise Ordinance (Dianna Eversole)
Ms. Eversole,
This is to acknowledge that your email has been received, and will be shared with the Council Members,
for their review and consideration.
Due to the subject matter, a copy will also be shared with Mayor Wheeler and Chief Burchett; and a
copy will be included as a part of the record under Item 5A for the May 5 City Council Meeting.
Thank you for taking the time to submit your comments.
Christine Grenier
Legislative/Auditor Assistant
Bremerton City Council
(360) 473-5280
www.BremertonWA.gov
From: Dianna Eversole <deversole2009@live.com>
Sent: Wednesday, May 5, 2021 5:02 PM
To: City Council <City.Council@ci.bremerton.wa.us>
Subject: Noise Ordinance in City of Bremerton/Brother Don's
CAUTION: This email originated from outside of the organization. Do not click links or open attachments
unless you recognize the sender and know the content is safe.
To Bremerton City Council Members,
I understand that a topic of discussion at tonight’s Council meeting will be about the city noise
ordinance and a homeowner VS. Brother Don’s Restaurant. Also, I understand there will be a comment
period to discuss the pros and cons.
I would like to state, here and now, my hopes that Brother Don’s Restaurant not be restricted from
their music venue because it has been such a wonderful source for good jazz music which I, my family
and friends have had many occasions to enjoy. My husband and I had our first date there; We’ve met
some of the local jazz musicians who have entertained us well while they were also earning needed
wages. This establishment has sent in world renowned jazz artists from across the country to join with
our good local jazz greats to entertain us. Always a good draw, these events have given us wonderful
enjoyment and long-lasting memories. There are not many other Bremerton venues that have offered as
good jazz nights. It is such a positive revenue raising business that brings all forms of music
entertainment enjoyed by country, blues, and jazz buffs, alike. It is great for Bremerton’s economy.
I hope the council will take these points into consideration.
Appreciatively,
Dianna and Joseph Eversole
Sent from Mail for Windows 10
From: City Council
Sent: Thursday, May 6, 2021 3:47 PM
To: 'Dave Shourd' <daveshourd@gmail.com>
Cc: City Council <City.Council@ci.bremerton.wa.us>; Greg Wheeler
<Greg.Wheeler@ci.bremerton.wa.us>; James Burchett <James.Burchett@ci.bremerton.wa.us>; Sarah
Liggett <Sarah.Liggett@ci.bremerton.wa.us>
Subject: RE: Citizen Complaint - Kitsap Community Resources & Delivery Noise (Dave Shourd)
Mr. Shourd,
This is to acknowledge that your email has been received, and will be shared with the Council Members,
for their review and consideration.
Due to the subject matter, a copy will also be shared with Mayor Wheeler, Chief Burchett, and Code
Enforcement (within Community Development where you had directed your voice message).
Thank you for taking the time to submit your comments. Also, since the Noise Ordinance is under
review, your email will be included in the record for the May 19 Council Meeting.
Christine Grenier
Legislative/Auditor Assistant
Bremerton City Council
(360) 473-5280
www.BremertonWA.gov
From: Dave Shourd <daveshourd@gmail.com>
Sent: Thursday, May 6, 2021 7:07 AM
To: City Council <City.Council@ci.bremerton.wa.us>
Subject: Kitsap Community Resorces re: Noise Municipal Code
CAUTION: This email originated from outside of the organization. Do not click links or open attachments
unless you recognize the sender and know the content is safe.
I am having difficulty finding resolution with our neighbors (KCR
- 8th street) to the north of our Apartment Building (South
Court Apartments - Dr. ML King Way). They routinely (three
times a week) receive early am deliveries from 4 AM to 6 AM (I
have records of the delivery times and dates) with those
delivery trucks parked within a few feet of our building (I have
pictures). The noise is nothing less than jarring, waking us up.
I spoke with management at KCR, both in-person and via email,
asking for a resolution with suggestions such as:
1. Perhaps changing those deliveries to a pm time slot
Or
2. If you must keep an am delivery then perhaps have the trucks park on 8th and, using a hand
truck, wheel the deliveries down the driveway or use the elevator in the lobby.
Or
3. Ask your suppliers to use small delivery vans for your deliveries instead of these massive
trucks.
Here is part of their email response to me: (I have all of these emails)
At this time, we are unable to change deliveries to an afternoon slot. We provide all of
the meals for Meals on Wheels, and these have to be completed by the morning in order
to get them out to the clients. The deliveries that are made in the morning are the very
perishable items (dairy, bread, etc.) that are included in these meals.
As for having the trucks park on a side street, or use a different vehicle, our vendors
cannot accommodate this request. Due to the volume delivered and their delivery routes
they are unable to offload at a different location or use different vehicles for our
deliveries.
I do apologize for this inconvenience; as we discussed perhaps your property manager
would have a solution via soundproofing or possibly a unit on the other side of the
building.
My road to a resolution has also included a written noise complaint with the
city, calls to law enforcement, and calls to the courts. My most recent
telephone conversation with law enforcement suggested I take this up with
the city. This morning I left a voicemail at the telephone number listed for
Bremerton City Government at 360 473-5275.
I would like to address the City Council regarding this. Please advise.
Thank you.
David Shourd
303 908-7956
From: City Council
Sent: Thursday, May 6, 2021 3:34 PM
To: 'Rhonda Stewart' <rhonda@MarkLewisMusic.com>
Cc: City Council <City.Council@ci.bremerton.wa.us>; Greg Wheeler
<Greg.Wheeler@ci.bremerton.wa.us>; James Burchett <James.Burchett@ci.bremerton.wa.us>
Subject: RE: Citizen Comments - Noise Ordinance (Rhonda Stewart)
Ms. Stewart,
This is to acknowledge that your email has been received, and will be shared with the Council Members,
for their review and consideration.
Due to the subject matter, a copy will also be shared with Mayor Wheeler and Chief Burchett; and a
copy will be included as a part of the record for the May 19 City Council Meeting.
Thank you for taking the time to submit your comments.
Christine Grenier
Legislative/Auditor Assistant
Bremerton City Council
(360) 473-5280
www.BremertonWA.gov
From: Rhonda Stewart <rhonda@MarkLewisMusic.com>
Sent: Thursday, May 6, 2021 12:12 PM
To: City Council <City.Council@ci.bremerton.wa.us>
Cc: Greg Wheeler <Greg.Wheeler@ci.bremerton.wa.us>
Subject: Noise Ordinance
CAUTION: This email originated from outside of the organization. Do not click links or open attachments
unless you recognize the sender and know the content is safe.
Hi City Council,
I watched your meeting on the internet yesterday, and I urge you to not approve the current proposed
changes to the noise ordinance. It seems “audible at 100 feet,” my understanding of proposed
unacceptable noise level, is too restrictive. I’m concerned about complaints about live music that most
people would not find to be overly loud outside the venue. Please come up with a standard that will not
encourage/allow the kind of complaints Brother Don’s has had to deal with in recent years and please
make sure that live music venues are made aware of future proposals before the public comment
period. I’m counting on you to preserve our ability to enjoy live music at reasonable volumes.
Best,
Rhonda Stewart
Bremerton Resident
From: kathleen storey [mailto:onekathleen79@gmail.com]
Sent: Tuesday, May 18, 2021 8:19 AM
To: City Council <City.Council@ci.bremerton.wa.us>
Subject: noise ordinance
CAUTION: This email originated from outside of the organization. Do not click links or open attachments
unless you recognize the sender and know the content is safe.
In addition to my prior e-mail I feel the need to remind you of the hypocrisy of the noise
ordinance resulting in constraints on live music. This refers to the naming of a portion on 4th st to honor
Quincy Jones, one of the best known musicians in the world! I have to wonder how he would view this
ordinance's effect of curtailing the plethora of music we have enjoyed in our area for so many years.
Kathleen Storey
From: kathleen storey <onekathleen79@gmail.com>
Sent: Sunday, May 16, 2021 11:10 PM
To: City Council <City.Council@ci.bremerton.wa.us>
Subject: Noise Ordinance
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
My understanding is that you, the council, intend to vote on a new noise ordinance affecting live music
primarily. It seems this has been spearheaded by one person in particular who may have influence based
on their financial status.
May I remind you that the prior vote a 250 against the ordinance and 1 for...pretty obvious who that 1
was.
May I also remind you that Bremerton has a rich history of providing live music of the highest caliber as
well as world famous musicians from here and who have performed here.
The new ordinance will also open a veritable can of worms to other forms of perceived noise.
I truly hope your common sense and understanding of culture in all forms prevail on this issue. I am
watching to see who votes in which way......my vote for council members will be affected by .yours
Sincerely, Kathleen J Storey
(born and raised in Bremerton since 1947)
From: City Council
Sent: Wednesday, May 19, 2021 4:31 PM
To: Anna Mockler <upstream@riseup.net>
Cc: City Council <City.Council@ci.bremerton.wa.us>; Greg Wheeler
<Greg.Wheeler@ci.bremerton.wa.us>; James Burchett <James.Burchett@ci.bremerton.wa.us>
Subject: RE: Citizen Comments - Noise Ordinance (Anna Mockler)
Anna,
This is to acknowledge that your email has been received, and will be shared with the Council Members,
for their review and consideration.
Due to the subject matter, a copy will also be shared with Mayor Wheeler and Chief Burchett; and a
copy will be included as a part of the record for the May 19 City Council Meeting.
Thank you for taking the time to submit your comments.
Christine Grenier
Legislative/Auditor Assistant
Bremerton City Council
(360) 473-5280
www.BremertonWA.gov
From: Anna Mockler <upstream@riseup.net>
Sent: Wednesday, May 19, 2021 4:22 PM
To: City Council <City.Council@ci.bremerton.wa.us>
Subject: Noise Ordinance
CAUTION: This email originated from outside of the organization. Do not click links or open attachments
unless you recognize the sender and know the content is safe.
Dear City Council,
I urge you to reject the proposed ordinance, and to require a new noise ordinance that measures all noise
with a decibel meter. The proposed ordinance’s standard of “audible” to determine whether a noise is or is
not a public disturbance is against common sense, against custom, and very difficult to defend in court,
since what’s audible to me may not be audible to you.
Ordinance No. 5420 (p. 41 in the 5/5/2021 packet) drastically changes the nature of and penalties for
noise violations. If sound can be heard (is audible) from 100 feet away, it is a noise violation. There are
two long sections on permissible noise levels in various zones, as measured by a decibel meter —
6.32.030 and 6.32.040. There are many exemptions, like for auto racing in approved areas.
But look at 6.32.050, Public Disturbance Noises. Even though human hearing varies widely, a decibel
meter, which registers loudness as a thermometer measures temperature, is specifically called not
necessary in 6.32.050 — "evidence of sound level through the use of a sound level meter reading shall not
be necessary to establish a commission of the offense”. Much of this section seems specifically aimed at
live-music venues, referencing musical instruments, amplifiers, etc.
If you go by the letter of this proposed law, my neighbor playing a recorder inside the livingroom on a
winter night is a violation. I can hear it — it’s audible — it's a musical instrument, and it’s over 100 feet
away.
Also —
· Lt Davis / Capt Wolfe said that the BPD would not get a decibel meter because the training is so
involved. However, for these purposes, it seems unnecessary to attend a full semester's course such as this
one at Rutgers — (https://www.des.rutgers.edu/rntac/cne_cert_course_information.html.) The $85-$300
decibel (sound) meters test from 30db to 130db (https://www.coleparmer.com/c/sound-meters) and the
company appears to offer a 2-hour course in mastering the device. The device is affordable, the training
minimal.
· The noise that people actually complain about is traffic noise; specifically, modified mufflers on cars,
trucks, and motorcycles that are designed to make noise. "Mufflers have to breathe", as Charlie Michel
reported he was told by an employee of Kitsap Muffler, when he complained of this practice. A secondary
noise complaint common in Bremerton is large, loud parties. The noise that this ordinance addresses is
that made by live-music venues.
· Although this evidence is merely anecdotal, i.e., what I and my neighbors and friends complain of,
surely we can agree that many people complain of traffic and party noise. Per testimon y in front of
Council on 5 May, a total of two have complained about noise at Brother Don’s, per Bill Broughton, Bart
Bruckman & Gordon Rinke's testimony May 5th. (The two owners of Brother Don's and their lawyer,
Broughton.) They stated that one complainant made the vast majority of the "hundreds of complaints".
Bart Bruckman texted me that of these hundreds of complaints, Brother Don's received four
citations. Update received 19 May -- per BPD, in 2019 there were 53 complaints about Brother Don's; 18
"cases taken" [not sure what that means]; and 10 cases referred to Prosecutor's Office. Clearly, there’s a
discrepancy between the two versions — perhaps Bruckman refers to number of calls over the years this
dispute has been ongoing. BPD’s statistics cover one year at a time and can be cross-checked readily,
that is, they are better evidence.
· The fact that someone complains repeatedly about excessive noise does not make that noise excessive.
Every one of us has watched or been part of a dispute between neighbors that’s gotten out of hand. Only a
decibel meter can accurately determine if the noise is excessive.
I strongly urge you to review the foregoing, and to align with other comparable cities in setting
measurable, enforceable noise standards.
Yours,
Anna Mockler
1123 N Cambrian Ave
Bremerton WA 98312
360.509.8280
upstream@riseup.net
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 & 19, 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: 1) Renewal Letter; 2) 5-Year Trend Analysis (Revenue over Expenditure)
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
5D
________________________________________________________________________________
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
Photo Red Revenue over Expenditure
Five Year Trend
YTD Receipt Amount 2016 2017 2018 2019 2020
Photo Enforcement Penalty Revenue $835,874.44 $772,968.36 $870,199.47 $901,529.84 $724,316.65
Photo Red Contract Costs $432,000.00 $432,000.00 $432,000.00 $432,000.00 $432,000.00
Police Department Staffing Costs $16,754.40 $16,754.40 $16,754.40 $16,754.40 $16,754.40
Court Staffing Costs $30,176.64 $30,176.64 $30,176.64 $30,176.64 $30,176.64
Judge Staffing Costs $5,811.83 $5,811.83 $5,811.83 $5,811.83 $5,811.83
Total Annual Estimated Costs $484,742.87 $484,742.87 $484,742.87 $484,742.87 $484,742.87
Revenue over Expenses $351,131.57 $288,225.49 $385,456.60 $416,786.97 $239,573.78
$835,874.44 $772,968.36
$870,199.47 $901,529.84
$724,316.65
$484,742.87 $484,742.87 $484,742.87 $484,742.87 $484,742.87
$351,131.57
$288,225.49
$385,456.60 $416,786.97
$239,573.78
$0.00
$100,000.00
$200,000.00
$300,000.00
$400,000.00
$500,000.00
$600,000.00
$700,000.00
$800,000.00
$900,000.00
$1,000,000.00
2016 2017 2018 2019 2020
Photo Red 5 year Trend
Photo Enforcement Penalty Revenue Total Annual Estimated Costs Revenue over Expenses
From:
To:
Subject:
Date:
Jim McDonald
City Council
RE: Citizen Comments - Supports Red Light Camera Contract
Wednesday, May 5, 2021 7:01 PM
Dear Bremerton City Council,
I was disappointed that you were not able to renew the contract based on some trivial info
you think you needed. You had the Info presented at Study Session, and any additional info
you needed should have been requested then. Please do your homework instead of
embarrassing yourselves in a public forum.
I support the red light camera program and think it should be expanded to school districts
and a few other intersections. Drivers are getting more and more aggressive and we can't
afford to put a police officer at these intersections 24/7. Red light cameras are proven to
reduce accidents and save lives and money.
Please support the renewal of the red light photo contract.
R,
Jim McDonald
1311 Marlow Ave, B6
Bremerton, WA, 98310
From: City Council <City.Council@ci.bremerton.wa.us>
Sent: Wednesday, May 19, 2021 11:25 AM
To: Heidi Traverso <htraverso@novoaglobal.org>
Cc: City Council <City.Council@ci.bremerton.wa.us>; Greg Wheeler
<Greg.Wheeler@ci.bremerton.wa.us>; James Burchett <James.Burchett@ci.bremerton.wa.us>; Mike
Davis <Mike.Davis@ci.bremerton.wa.us>; Dawn Williams <Dawn.Williams@ci.bremerton.wa.us>
Subject: RE: Citizen Comments - Photo Enforcement Program (Heidi Traverso)
Ms. Traverso,
This is to acknowledge that your email has been received, and will be provided to Council Vice President
Leslie Daugs, as well as the rest of the Council Members for their review and consideration.
Due to the subject matter, a copy of your email will also be shared with Mayor Wheeler, Chief Burchett,
Lt. Mike Davis, and Municipal Court Administrator Dawn Williams; and a copy will be included as a part
of the record under Item 5D for the May 19 City Council Meeting.
Thank you for taking the time to submit your comments.
Christine Grenier
Legislative/Auditor Assistant
Bremerton City Council
(360) 473-5280
www.BremertonWA.gov
From: Heidi Traverso <htraverso@novoaglobal.org>
Sent: Wednesday, May 19, 2021 8:43 AM
To: City Council <City.Council@ci.bremerton.wa.us>
Subject: Council President Daugs ~ Photo Enforcement Program
CAUTION: This email originated from outside of the organization. Do not click links or open attachments
unless you recognize the sender and know the content is safe.
Council President Daugs,
I had the opportunity to watch the 5/5/21 Council Meeting video, and would like to address the
discussion surrounding the red light contract. Before I begin, I would like to be completely
transparent with you, and let you know that I am with a company in the same industry. And
Yes, my ultimate wish would be to win the business of Bremerton someday, but in the interim,
my desire is to share some relevant information that I hope would be of use to you, both from a
financial and practical perspective. You were right to want more information about the internal
costs to Bremerton regarding the current red-light program, here’s why I believe so.
The City of Bremerton experiences approximately $53,000 in operational costs annually to
operate the red-light photo enforcement system. Year after year, those internal costs and
processes remain unchanged. The current program lacks the means to streamline court
processes through E-hearings, and possibly other integrated court services. E-hearings (not
Zoom) allowed uninterrupted court services throughout COVID for cities like Tacoma and
Fife. Services like that can free up court staff allowing them to spend time on other duties.
In the last 3 years, my company replaced your vendor in Tacoma and Fife through the RFP process. In
both Cities, the numbers of captured violations doubled, and in some cases tripled, at the very same
intersections due to better technology and consistent system ‘up time’ (systems working maximum
efficiency). And because of the streamlined process and integration with the E-hearings, the Judicial
Information System, the burden of this violation increase on the Courts was actually less than it was
with the previous vendor, by 90%. Our E-Hearing provides the solution by eliminating delays in
mitigation and ensuring flow of due process of violations within the Court System. It’s all part of the
program, no added cost. Tacoma new program metrics:
• 200-300% increase in issued violations
• Streamlined officer approval/issuing software
• 90% Reduction in overall In-person Court Cases
If you wish to contact Tacoma Courts for a better understanding of how we improved their
program from languishing, and time-intensive, to streamlined and efficient, please feel free to
contact their Court Administrator, Alisa Hill.
Ultimately, having an efficient and effective program saves more lives and prevents more
injuries. It also saves more money that can be used to implement traffic safety initiatives around
Bremerton, like flashing beacons in school zones and crosswalks, radar speed display signs,
safer routes to school and other Vision Zero strategies designed to keep your community
safer. I look forward to the meeting on the 19th.
Thank you for your consideration.
Kindest regards, Heidi Traverso
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: May 12, 2021
Authorize 1 FTE Transportation Project
Manager and 1 FTE Internal Services
Manager for the Public Works & Utilities
Department
COUNCIL MEETING Date: May 19, 2021
Department: PW&U
Presenter: Tom Knuckey
Phone: (360) 473-2376
SUMMARY:
In 2019 the City contracted with FCS Group to evaluate staffing levels in the Engineering Division;
the evaluation conclusion is that staffing levels should increase. To begin implementing the report
findings, staff request a new Transportation Project Manager be approved in the 2021 budget, in
addition to the two new Development Staff Council previously approved on April 7th.
Staff additionally request that a new Internal Services Manager position be created to address
structural concerns with Public Works & Utilities Management. The assumed pay band for this
position is Band 16, consistent with the other Public Works managers. This band will be confirmed
by Human Resources through a salary survey. Adding this new position will allow the creation of a
needed Office Assistant Senior position by downgrading an existing Utilities Service Specialist
position.
ATTACHMENTS: (1) Powerpoint Presentation
FISCAL IMPACTS (Include Budgeted Amount): The Transportation Project Manager is 10%
funded by Stormwater, 45% by the General Fund and 45% by Grants. The Internal Service Manager
is funded at 30% by Water, 10% by Wastewater, 10% by Stormwater, 30% by the General Fund, and
20% by the Equipment Services Fund. Annual labor and benefits for the two positions are $157,000
for the Transportation Project Manager, and $177,000 for the Internal Services Manager. Further
detail regarding 2021 half-year costs is included in the powerpoint presentation.
STUDY SESSION AGENDA: ☐ Limited Presentation ☒ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to create the position of Internal Services Manager at Band 16 of the Management,
Professional, Confidential & Fiduciary Salary Plan to be confirmed by a salary survey, and authorize
the 2021 mid-year hire of an Internal Services Manager and approve a $26,550 increase to the labor
budget of the General Fund, $26,550 from Water, $8,850 from Wastewater, $8,850 from Stormwater,
and $17,700 from Equipment Services; and approve the mid-year hire of a Transportation Project
Manager, and approve a $94,500 increase to the Engineering General Fund budget with revenue to
the Engineering General Fund of $9,450 from Stormwater.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
5E
Public Works & Utilities Mid-Year Position Requests
City Council Meeting
May 19, 2021
Transportation Project Manager
•Recommended by the FCS Workload Study
•Mid-year request necessary to address operational workload,
Capital Project backlog/workload, and Transportation Planning to
support 2022 Grant requests and Comp Plan update
Internal Services Manager
•Additional management position allows for reorganization to
address workload concerns
•Mid-year request necessary due to two imminent retirements
One of the lost
positions supported
survey, the others
supported Operations
and Capital
Average tenure of the
Managing Engineer –
Transportation is 3-yrs
Responsibilities of the Managing Engineer –Transportation include:•Traffic Engineer•Transportation Planner (separate position for all FCS benchmark Cities)•Transportation Capital Program Manager •Technical oversight responsibility for Transportation Operations and Planning Studies •Due to backlog the Managing Engineer is also currently managing multiple Capital projects
Requested Position:•New Transportation Project Manager/Transportation Planner -50:50 time split between Operations (planning, traffic engineering & customer response) and Capital project delivery
TransCap projects have been 71% grant funded on average since 2015
•$32M in transportation project grants received since 2015; $2.6M through
lobbying. Lobbying success will increase with restart of Federal earmarks
•66% success rate since 2015 (38 transportation applications, 25 awards)
•Background work required for heavy application cycle in 2022 that will fund
projects through 2026
•Projects in construction become highest priority, second only to safety
issues
•Federal STP grants have inflexible deadlines; delays may result in grant
loss/pay back. Similar but less strict concerns with State grants
•Heavy capital workload results in staffing concern for the 2023 update
to the Transportation Element of the Comp Plan, and planning for
PSIC/Airport Way, SR3 Freight Corridor, Gorst, etc.
•FCS report cited that benchmark Cities had between 2.5 and 4 Capital
Projects/Engineer; Bremerton has over 6.5 Capital Projects/Engr
•Existing capital projects exceed capacity resulting in delays and placing
existing and future grants at-risk
•Recruiting is difficult –will take several months to fill the position
Internal Services Manager
•New position enables reorganization to address workload
concerns
•Enables downgrade of an existing position to address Facilities
administration needs
•Mid-year request necessary due to two imminent management
retirements
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
Operations
WWTP’s &
Pump Stations
(20-FTE, $6.4M)
Signal Maint
(1-FTE)
Transportation,
Utilities,
Development
(21-FTE, $28M)
Utility Maint.
W, WW, SW
(31-FTE, $18M)
Nine Division Managers in 2008, Five currently
*Desk audit requested for Fiscal Analyst; inconclusive desk audit results for Opns Mgr & Utility Division Mgr
PW&U Safety
Officer
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), 42-FTEs, $20M
•PW&U Safety Officer –used to be primary responsibility of the Administrative Manager
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
•Facilities Supervisor’s OT has been over 30% of all Facilities OT the last 6-years; nearly 40% since March
•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)
•Band 16 assumed –to be confirmed by HR through a salary survey
•Future Council Action to appoint the Facilities/Inventory Supervisor at Rate 8
•Downgrade one position in Facilities from Service Specialist to OA Senior to
address accounting need and provide Customer Response Backup
•Adjust Responsibilities through Reorganization 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 Stations
(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)PW&U Safety
Officer
•New Transportation Project Manager ($157,000/yr)
•New Internal Services Manager ($177,000/yr)
•Downgrade one Utility Svc Specialist to Office Assistant Sr. (-$8,000)
Programmed rate increases through 2026 not affected by new
positions:
•Higher GFC revenue than projected
•Utility capital projects delayed
•Conservative projected growth in the model does not reflect current
development
•Success in securing low-interest loans replaced programmed bond
issuance = lower annual debt service
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: May 12, 2021
Authorize 1 FTE Legal Assistant for Civil
Division and Increase to 1 FTE Legal
Assistant for Prosecution Division in the
Legal Department
COUNCIL MEETING Date: May 19, 2021
Department: Legal
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.
ATTACHMENTS: 1) Labor Request Cost Breakdown; 2) PowerPoint Presentation
FISCAL IMPACTS (Include Budgeted Amount): Annual labor and benefits increase for the 2021
budget is $67,000.
STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to: 1) Increase Prosecution’s Legal Assistant position from a part time to a full-time position at
Band 4, Rate 1 of the Management, Professional, Confidential & Fiduciary Salary Plan; 2) Create a full-
time Legal Assistant position in the Civil division at Band 4, Rate 1 of the Management, Professional,
Confidential & Fiduciary Salary Plan; 3) Authorize the 2021 mid-year hire of a full-time Legal Assistant
position in the Civil division; and 4) Approve a $67,000 increase to the 2021 labor budget of the General
Fund.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
STUDY SESSION AGENDA: ☐ Limited Presentation ☒ Full Presentation
5F
City Attorney Labor Request
Labor Costs for Position: Legal Assistant I - Civil Labor Costs for Position: Legal Assistant I - Prosecution Labor Costs for Position: Current Salary
& Benefits for Jennifer Boynton
Calculated 05/13/2021 Calculated 05/13/2021 Calculated 05/13/2021
Band XX/Rate 1 Band XX/Rate 1 Hourly Rate $18.00
Salary 54,717.36 Salary 54,717.36 Total Hours 1044.0
Social Security (6.2%)3,392.48 Social Security (6.2%)3,392.48 FTE 0.50
Medicare (1.45%)793.40 Medicare (1.45%)793.40
PERS (11.64%)6,369.10 PERS (11.64%)6,369.10 Salary 18,792.00
Accumulated Leave (2%)1,094.35 Accumulated Leave (2%)1,094.35 Social Security (6.2%)1,165.10
WA Fam Med Leave (0.1467%)80.27 WA Fam Med Leave (0.1467%)80.27 Medicare (1.45%)272.48
Self Insurance Unemply (0.25%)136.79 Self Insurance Unemply (0.25%)136.79 PERS (11.64%)2,187.39
L & I (0.07/hour)146.16 L & I (0.07/hour)146.16 Self Insurance Unemply (0.25%)46.98
Workers Compensation (0.038/hour)79.34 Workers Compensation (0.038/hour)79.34 L & I (0.07/hour)73.08
Medical (see note)- Medical (see note)- Workers Compensation (0.665/hour)694.26
Dental (see note)- Dental (see note)- Emp Salary + Benefits 23,231.30
Vision (see note)288.00 Vision (see note)288.00 Rate per hour 22.25
Emp Salary + Benefits 67,097.25 Emp Salary + Benefits 67,097.25 Salary & Benefit Costs Rounded 23,000.00
Rate per hour 32.13 Rate per hour 32.13
Salary & Benefit Costs Rounded 67,000.00 Salary & Benefit Costs Rounded 67,000.00
Medical: Used rate Emply + Spouse + 1CH $1786.Medical: Used rate Emply + Spouse + 1CH $1786.
Dental: $170/month used for 2021.Dental: $170/month used for 2021.
Vision: Estimated amounts used FY2021 $24.Vision: Estimated amounts used FY2021 $24.
Preparation Notes Preparation Notes Preparation Notes
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: 163
(As of May 4, 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.
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: May 12, 2021
Professional Services Agreement w/Kitsap
Law Group for Interim City Attorney Legal
Services
COUNCIL MEETING Date: May 19, 2021
Department: Executive
Presenter: Mayor Wheeler
Phone: (360) 473-5266
SUMMARY: Kylie Finnell through Kitsap Law Group will serve as the City of Bremerton Interim City
Attorney from June 21, 2021 to December 31, 2021. The duties of the Interim City Attorney will
include advising the City on legal matters, supervising pending litigation, attending meetings
customarily attended by the City Attorney, and consulting with the Mayor on City Attorney’s Office
departmental operations.
ATTACHMENTS: 1) Professional Services Agreement
FISCAL IMPACTS (Include Budgeted Amount): There is no financial impact to the 2021 budget,
however a re-allocation of $84,000.00 from the City Attorney’s personnel budget to professional
services will be required.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to authorize a budget re-allocation of $84,000 from the City Attorney’s office personnel budget
to professional services; approve the Professional Services Agreement with Kitsap Law Group; 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
5G
PROFESSIONAL SERVICES AGREEMENT
The City of Bremerton ("City") and Templeton Horton Weibel & Broughton PLLC dba
KITSAP LAW GROUP ("Retained Counsel"), referred to collectively as the "Parties," enter into
the following Agreement for professional services:
I. Scope: Retained Counsel will serve as Interim City Attorney for the City pursuant to the
terms of this Agreement. The duties of the Interim City Attorney will include advising the
City on legal matters, supervising pending litigation, attending meetings customarily
attended by the City Attorney, and consulting with the Mayor on City Attorney’s Office
departmental operations. This Agreement does not include representation in litigation and
other matters which is addressed by separate agreement executed by the parties May 26,
2015.
II. Term: This Agreement commences June 21, 2021 and shall continue in full force and
effect until December 31, 2021 or termination pursuant to Section V of this Agreement.
III. Compensation: The City shall pay Retained Counsel $3,000.00 per week for services as
described in Section I for a total of $84,000.00.
IV. Insurance: Retained Counsel shall provide Certificates of Insurance to the City's Risk
Manager verifying the following coverage: a professional liability policy ("E&O")
providing coverage of One Million Dollars ($1,000,000) for errors and omissions
committed by Retained Counsel while performing its obligations under this Agreement.
The policy shall remain in full force and effect, and provide coverage for the full term of
this Agreement. Insurer shall provide the Risk Manager with thirty (30) days' written notice
of any cancellation or change of coverage of the policy.
V. Termination: The Parties agree that this Agreement will continue in full force and effect
until terminated. Either party may terminate this agreement at any time, with or without
cause, upon 15 days written notice to the other party and as allowed by court rules.
VI. General Conditions:
A. Reports and Information: When requested by the City, Retained Counsel 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 .
B. Entire Agreement: This Agreement constitutes the entire agreement between the
Parties regarding Interim City Attorney services, 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.
C. Severability: Should any part of this Agreement be found void, the balance of the
Agreement shall remain in full force and effect.
D. Modification: This Agreement may only be modified by written instrument signed
by both Parties.
E. Notices: Notices shall be in writing and delivered to the following addresses:
CITY: RETAINED COUNSEL:
Greg Wheeler, Mayor Kylie J. Finnell
City of Bremerton KITSAP LAW GROUP
345 Sixth Street, Suite 100 3212 NW Byron Street, Suite 101
Bremerton, WA 98337 Silverdale, WA 98383
F. 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 a waiver of any other right or power.
G. Compliance with Laws: Retained Counsel shall comply with all applicable
Federal, State and local laws in performing its obligations under this Agreement.
H. 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 Pierce County Superior Court.
I. 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 attorneys' fees.
VII. Nondiscrimination: Retained Counsel shall not discriminate in employment or services
to the public on the basis of race, color, national origin, sex, religion, age, marital status,
or disability, except for employment actions based on bona fide occupational qualification.
CITY OF BREMERTON KITSAP LAW GROUP
By: Roger A. Lubovich By: Kylie J. Finnell
Its: City Attorney Its: Member
Date: Date: