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Home My WebLink About05/05/2021 CITY COUNCIL AGENDA PACKET______________________________________________________________ CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 - Phone (360) 473-5280 WEDNESDAY, MAY 5, 2021 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/88950428048?pwd=TFM3NEt2dlZuUVYreHZmYlI1QmVQQT09  Or One tap mobile: US: +12532158782,,88950428048#,,,,*408318# or +13462487799,,88950428048#,,,,*408318#  Or Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 253 215 8782 or +1 346 248 7799 or +1 669 900 6833 or +1 312 626 6799 Webinar ID: 889 5042 8048 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 – April 21, 2021 C. Minutes of Study Session – April 28, 2021 D. Agreement with Long Painting Company for the Reservoir 19 Exterior Coating Replacement E. Professional Services Agreement with SPECTRA Laboratories – Kitsap, LLC for Environmental Water and Soil Analyses F. Purchase Microsoft AZURE Active Directory P2/GCC/Multi-Factor Authentication; and related Budget Adjustment 5. GENERAL BUSINESS A. Ordinance No. 5420 amending Chapter 6.32 of the Bremerton Municipal Code entitled “Noise Levels” To take public comment only…Action proposed on May 19… Continued on next page… B. Interlocal Agreement for Mutual Aid and Traffic Safety Task Force C. Renewal of Agreement with Redflex Traffic Systems, Inc. for Photo Red Light Enforcement Program D. Contract Modification Agreement No. 3 with AquaTechnex LLC for Phoslock Treatment and Aquatic Vegetation Harvesting of Kitsap Lake E. Amendment No. 1 to the Interlocal Agreement with Kitsap Public Utility District for Sharing Fiber Optic and Information Technology Services and Infrastructure F. Amendment to Clean Water State Revolving Fund Loan Agreement with the Washington State Department of Ecology for the Oyster Bay Beach Sewer Upgrades (OB-2 to OB-1) Project G. Contract with Active Construction, Inc. for Oyster Bay Beach Sewer Upgrades 6. COUNCIL MEMBER REPORTS 7. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING MAYOR’S REPORT May 5, 2021 Photo courtesy of Port of Bremerton COVID-19 Health Update from the Kitsap Public Health District Kitsap County will remain in Phase 3 of the Healthy Washington recovery plan for at least two more weeks after Gov. Inslee announced a pause on phases Tuesday, May 4. This is a great opportunity for Kitsap residents to drive down case rates and hospitalizations by getting vaccinated and continuing to wear masks, avoid large gatherings and practice other protective measures. Vaccines work and they are already helping to protect some of our most vulnerable community members.About 70 percent of Kitsap residents 65 or older have now received at least one dose of COVID-19 vaccine. The rate of cases reported in the 65-and-older age group this spring is nearly five times lower than the rate among residents ages 15-34. Cases at long-term care facilities have also decreased dramatically. About 47% of Kitsap adults have received at least one vaccine. We need to increase this number to protect people of all ages in our community and bring an end to the COVID-19 pandemic. Vaccines are widely available in our community and appointments are no longer required at some sites, including Kitsap Public Health District clinics. The Marvin Williams Center will host a vaccine clinic and health fair on Saturday, May 8. Walk-ins are welcome from 11 a.m. to 1 p.m. You can also book an appointment at mwcvaccine.timetap.co. More vaccination opportunities can be found at vaccinelocator.doh.wa.gov. COVID-19 Health Update from the Kitsap Public Health District Kitsap Lake Park Project •Funding Amount: $258,000. These new funds will allow the addition of a new children’s playground to the Kitsap Lake Park project. •Scope for complete project: Replacement of the failing boat launch and dock, fishing dock, addition of accessible parking and pathways, new shelter, and accessibility improvements •Total grant funding: $1.25 million •Timeline: Currently in the architectural, engineering and permitting phase. Total project completion planned for end of 2022. Haddon Park Project •Funding amount: $850,000 •Scope: Replace restroom, children’s playground, new picnic shelter, improve accessible pathways and upgrade sports court •Total grant funding: $850,000 •Timeline: Architectural, engineering and permitting to begin in 2022. Construction out to bid in early 2023 with construction beginning mid-2023. Bremerton Park Grant Funding Two Bremerton park projects received funding in the WA State Legislature budget this year: 9-12 grade category Student: Vedant Srinivas, 9th Grade, Eastlake High School •Project Title: Ora -A Non Habituating Audiovisual Animal Warning System to Mitigate Roadkill •Description: Built a device designed to detect oncoming vehicles using ambient light sensors and warn animals with audiovisual signals 1-8 grade category Student: Prayrona Choudhury, Grade 6, Sagebrush Elementary School •Project Title: Robot Fish -Exploring Aquatic Environments •Description: Designed and built a device (robot fish) to help scientists collect aquatic data to monitor rivers, lakes, and oceans 1-8 grade category Students: Srivikaat Ravi and Sanjay Chandra, Grade 8, Jefferson Middle School •Project Title: The Parking Lot^2 •Description: Developed and tested model device to reduce parking space search times All students participating in the 2021 virtual Washington State Science and Engineering Fair were eligible to participate (grades 1-12). The projects were selected based on their solutions to issues that impact our city and similar municipalities. The Mayor’s Challenge Award was created in 2018 to recognize youth’s involvement in science, technology, engineering and math and to encourage their solutions for issues impacting cities and counties. Congratulations to this year’s Mayor’s Challenge Award Winners! Bremerton School District Students in the 2021 Washington State Science and Engineering Fair (WSSEF): Student: Lily Walkup, 4th grade, View Ridge Elementary •Project: How Pollution Affects Decay •Awards: WSSEF Best of Category ~ Grade 4; WSSEF FIRST Place, blue ribbon and trophy •Special Awards: Central Valley Garden Club Outstanding Project Award; Health & Fitness Award Student: Abigail Walkup, 2nd grade, View Ridge Elementary •Project: How Pollution Affects Plant Growth •Awards: WSSEF FIRST Place blue ribbon and trophy •Special Awards: Central Valley Garden Club Achievement Award; Origami Math & Science Award Congratulations on their WSSEF projects and accomplishments this year! Special Recognition Alejandra was nominated by the City of Bremerton for an Association of Washington Cities (AWC) Center for Quality Communities Scholarship and was recently chosen for an award! She is one of six students in the state who will receive a $1,500 scholarship. This honor recognizes outstanding students statewide who demonstrate leadership and commitment to their local community. Alejandra also recently received the 2021 Mayor’s Youth Leadership Award from the City of Bremerton for her involvement and work as a youth leader in our area. Well done, Alejandra! Congratulations to 2021 Mayor’s Youth Leadership Award recipient Alejandra Pulido! Photo courtesy of Alejandra Pulido AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: N/A Claims & Check Register COUNCIL MEETING Date: April 21, 2021 Department: Legal Services Presenter: Angela Hoover Phone: (360) 473-5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1. Check Numbers 393474-393626 and Electronic Fund Transfers V32983-V33038 in the grand total amount of $1,787,503.14 2. Regular Payroll pay outs for pay period ending April 15, 2021 in the amount of $950.92 3. Retiree Payroll for pay period ending April 30, 2021 in the amount of $50,378.17 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 – April 21, 2021 Study Session Date: N/A COUNCIL MEETING Date: May 5, 2021 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes of Meeting held on April 21, 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 April 21, 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, April 21, 2021 A virtual meeting of the City Council of the City of Bremerton was called to order Wednesday, April 21, 2021, at 5:30 PM with Council President Kevin Gorman presiding. Council Members present were Eric Younger, Mike Simpson, Lori Wheat, and Pat Sullivan. Council Members Leslie Daugs and Michael Goodnow were absent. Also present were City Attorney Roger Lubovich; City Clerk Angela Hoover; Legislative Office Manager Lori Smith; and IT Systems Engineer Hans Nilsson. President Gorman read a statement that to help reduce the spread of COVID-19, the Council Meetings are allowed to be conducted virtually until further notice; and announced that Item 6E has been pulled from tonight’s agenda… MAYOR’S REPORT – A briefing was provided on the following:  The Sinclair Inlet Clean-Up Project was selected for the Kitsap County Earth Day 2021 Award;  Support was encouraged for our community’s health, economic recovery, and local businesses;  City Attorney Roger Lubovich was recognized for his nearly 20 years of service to the City; and announced his retirement will be effective June 30, 2021. PUBLIC RECOGNITION – Comments were received from the following: Roy Runyon; Anna Mockler; Kiaha Long; and Jeff Coughlin… CONSENT AGENDA 4A – Claims & Check Register: Check Numbers 393332 through 393473; and EFT V32619 through V32982 in the amount of $1,935,648.52; Regular Payroll (pay outs) for pay period ending March 31, 2021 in the amount of $10,228.09; and Regular Payroll for pay period ending April 15, 2021 in the amount of $911,742.71 4B – Minutes of Meeting – April 7, 2021 4C – Minutes of Study Session – April 14, 2021 4D – Confirm Appointment of Mike Barnet to the BKAT Citizens Advisory Committee 4E – Resolution No. 3338 to authorize Changes in Approved Signers in the Local Government Investment Pool There were no questions or comments from the public… 5:48 M/S/C/U (Younger/Wheat) Move to approve the CONSENT AGENDA as presented. PUBLIC HEARINGS 5A – PUBLIC HEARING AND ORDINANCE NO. 5417 TO UPDATE THE SHORELINE MASTER PROGRAM: Senior Planner Garrett Jackson presented an overview of the proposed ordinance and amendments to the major periodic update of the City’s Shoreline Master Program (SMP). The City participated in the optional joint review process for amending the SMP per WAC 173-26-104. The joint review process consolidates the local and Department of Ecology’s public comment periods, speeding up the approval process. The Planning Commission held a Public Hearing on the draft amendments in November 2020. Following the hearing, response to public comment and SEPA Determination, the SMP amendments were submitted to the Department of Ecology for their Initial Determination. Ecology has recommended approval with specific required and recommended changes as seen in Attachments A and B. The attached Ordinance embraces all recommended and required changes City Council Reg. Mtg. Minutes Wednesday, April 21, 2021 Page 2 of 5 and have incorporated these changes into Planning Commission’s recommendation. Please note that if this Ordinance passes, another public hearing will immediately follow for amendments to update the Critical Area Ordinance for consistency with the SMP updates. If this Ordinance is denied or continued, this would impact the next public hearing. To ease in the review, a Memorandum to City Council is added to this record which discusses changes to both the SMP and the Critical Area Ordinance for this periodic update. President Gorman explained the purpose of this Public Hearing is to accept public comment… Questions and comments from the public were provided by Roy Runyon and Anna Mockler; with responses provided by Mr. Jackson… With no further questions or comments, President Gorman closed the hearing to the public, and opened discussion to the Council… 6:14 Motion was made by Younger; and seconded by Simpson… Questions and comments were provided by Younger, Simpson, Wheat, Sullivan, and Gorman; with responses provided by Mr. Jackson, Vice President Dan Nickel with The Watershed Company, and Mayor Wheeler… 6:42 M/S/C (Younger/Simpson) Move to pass Ordinance No. 5417 to amend the Shoreline Master Program due to the 2021 Periodic Update. Voted in favor of Motion: Simpson, Younger, Sullivan, Gorman Voted opposed to Motion: Wheat Motion carried: 4-Yes; 1-No 5B – PUBLIC HEARING AND ORDINANCE NO. 5418 TO AMEND CHAPTER 20.14 OF THE BREMERTON MUNICIPAL CODE ENTITLED “CRITICAL AREAS” TO BE CONSISTENT WITH THE SHORELINE MASTER PROGRAM: Senior Planner Garrett Jackson presented the proposed ordinance which amends Chapter 20.14 of the Bremerton Municipal Code (BMC) entitled Critical Areas to be consistent with the Shoreline Master Program Update (that was passed in a separate public hearing and Ordinance). The update topics and following sections are summarized below: i. Wetland Buffers. Table changes to incorporate July 2018 Department of Ecology guidance (BMC 20.14.330(h) Wetland Buffers). The change results in slightly smaller buffers for lower functioning wetlands, so long as wetland minimization measures are met. ii. Buffer Flexibility. Adding flexibility for fish and wildlife habitat conservation area buffers (BMC 20.14.730). Small single-family projects of 500 square feet or less may be exempt from having to prepare a Habitat Management Plan, though they will still need to mitigate for the impact. Further, projects that cannot accomplish fish and wildlife conservation area buffers may request for a departure from prescribed buffers, so long as the mitigation proposal is agreed to by two state or federal resource agencies or tribes and can demonstrate equal or greater critical area protection. Please note that this effort to update the Critical Area regulations are based off the Shoreline Master Program update. Much the effort (including the Planning Commission process) and further analysis is described in the SMP Public Hearing Ordinance, which is not repeated here. President Gorman explained the purpose of this Public Hearing is to accept public comment… Comments from the public were provided by Roy Runyon; with a response provided by Mr. Jackson… City Council Reg. Mtg. Minutes Wednesday, April 21, 2021 Page 3 of 5 With no further questions or comments, President Gorman closed the hearing to the public, and opened discussion to the Council… 6:46 Motion was made by Younger; and seconded by Simpson… Questions and comments were provided by Younger; with responses provided by Mr. Jackson… 6:50 M/S/C (Younger/Simpson) Move to pass Ordinance No. 5418 amending Chapter 20.14 BMC entitled “Critical Areas” to be consistent with the Shoreline Master Program Update Voted in favor of Motion: Simpson, Younger, Sullivan, Gorman Voted opposed to Motion: Wheat Motion carried: 4-Yes; 1-No GENERAL BUSINESS 6A – RENEWAL OF AFFILIATION AGREEMENT WITH TACOMA COMMUNITY COLLEGE: Fire Chief Pat McGanney summarized that the purpose of this agreement is for the Bremerton Fire Department to commit to training health care professionals, to provide desirable clinical learning experiences and facilities for Tacoma Community College Healthcare students. Questions from the public were provided by Roy Runyon and Anna Mockler; with a response provided by Chief McGanney… 6:56 Motion was made by Sullivan; and seconded by Simpson… Questions and comments were provided by Sullivan, Simpson, Younger, and Gorman; with responses provided by Chief McGanney… 7:00 M/S/C/U (Sullivan/Simpson) Move to approve the Renewal Affiliation Agreement with Tacoma Community College; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. 6B – INTERLOCAL AGREEMENT TO ESTABLISH KITSAP COUNTY FIRE TRAINING CONSORTIUM: Fire Chief Pat McGanney stated that the purpose of this Agreement is to establish a county wide Training Consortium to enable joint fire training activities and operations. Each Agency shall retain full authority for and jurisdiction over fire protection, prevention and suppression, emergency medical services, boundaries, elections, budgets and all other matters not specifically addressed in the Agreement. Questions and comments from the public were provided by Roy Runyon, Mark Camp, Anna Mockler, Kiaha Long, and Deborah McDaniel; with responses provided by Chief McGanney and Mayor Wheeler… 7:13 Motion was made by Wheat; and seconded by Younger… Questions and comments were provided by Wheat, Younger, Sullivan, Simpson, and Gorman; with responses provided by Chief McGanney… 7:22 M/S/C/U (Wheat/Younger) Move to approve the Kitsap County Fire Training Consortium Interlocal Agreement; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. 6C – ORDINANCE NO. 5419 AMENDING SECTION 3.50.050 OF THE BREMERTON MUNICIPAL CODE TO SIMPLIFY STREET FUND BUDGETING & RELATED BUDGET REALLOCATION: Public Works & Utilities Director Tom Knuckey summarized that the City has three “Street” funds with overlapping responsibilities. The current organization is confusing, overly complex, and results in loss of staff time in managing the budgets included in the three funds. Staff request budgeting for Street Improvements be collapsed into two funds with the Street Fund City Council Reg. Mtg. Minutes Wednesday, April 21, 2021 Page 4 of 5 responsible for operations and major maintenance of all streets, and the Transportation Projects Fund responsible for all street capital improvements. Making this revision eliminates the Residential Street and Sidewalk Fund and requires a revision to BMC 3.50.050 to direct stormwater utility tax to the Transportation Projects Fund. Residential Street project and Transportation Benefit District expenditure reporting will be accomplished using improved accounting practices. Questions and comments from the public were provided by Roy Runyon and Mark Camp; with responses provided by Mr. Knuckey and Financial Services Director Mike Riley… 7:37 Motion was made by Wheat; and seconded by Younger… Questions and comments were provided by Younger, Simpson, and Sullivan; with responses provided by Mr. Knuckey and Mr. Riley… 7:42 A-M/Failed due to the lack of a Second (Simpson/) Move to amend the Ordinance so that all three portions of the Utility Tax (Water, Stormwater, and Wastewater) go into the two funds which are being designated in the current Ordinance; and that the amount of the tax be reduced year over year by 1% until all three of the taxes are reduced to 10%. 7:46 M/S/C/U (Wheat/Younger) Move to pass Ordinance No. 5419 to amend Bremerton Municipal Code Chapter 3.50.050 to allocate Stormwater Fees or Taxes to the Transportation Projects Fund; and approve a budget amendment to reallocate the Residential Street and Sidewalk Fund Budget to the Street Fund and Transportation Projects Fund. 6D – MASTER SERVICES AND PURCHASING AGREEMENT WITH AXON ENTERPRISE, INC. FOR BODY CAMERAS AND IN-CAR RECORDING EQUIPMENT FOR THE POLICE DEPARTMENT: Captain Tom Wolfe stated that the Bremerton Police Department was requesting approval to purchase fifty (50) body cameras and in-car recording equipment. Body-worn cameras can serve both the department and the community as an accountability function. They wish to purchase the equipment from Axon Enterprises, Inc., a participating contractor on the State of Washington’s NASPO list of contracts, No. OK-MA-145-015. Questions and comments from the public were received by Roy Runyon and Kiaha Long; with responses provided by Captain Wolfe; and Axon Enterprises representatives Bobby Driscoll and Amy Nguyen… 7:59 Motion was made by Sullivan; and seconded by Simpson… Questions and comments were provided by Sullivan, Simpson, Younger, and Wheat; with responses provided by Captain Wolfe and Mr. Driscoll… 8:17 M/S/C/U (Sullivan/Simpson) Move to approve the agreement; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. 6E – ORDINANCE NO. 5420 TO REPEAL AND REPLACE CHAPTER 6.32 OF THE BREMERTON MUNICIPAL CODE ENTITLED “NOISE LEVELS”: This item was pulled; and will be presented at the Council Meeting on May 5, 2021 to receive public comment only; followed by proposed Council action at the Council Meeting on May 19, 2021... COUNCIL MEMBER REPORTS Eric Younger explained his reason for not supporting the amended motion suggested earlier in the meeting related to the utility tax, because he has a proposal that he plans to bring forward soon. City Council Reg. Mtg. Minutes Wednesday, April 21, 2021 Page 5 of 5 Mike Simpson noted several significant events on April 15 – it’s National Tax Day; Annual Personal Financial Affairs Statements are due for elected officials by the Public Disclosure Commission; and it’s the day the Titanic sank off the Newfoundland coast in 1912; and commented on the continued government enforced lockdown. Lori Wheat expressed her appreciation for members of the public who took the time to submit their comments; shared a personal experience of a past Sinclair Inlet Clean-Up; and announced that she recently received her first vaccine. Pat Sullivan commented that she also did not support the amended motion without having a statistical background of how the proposal would affect the City; and hoped everyone has a wonderful week. President Gorman shared that he also received his first vaccine; in honor of Administrative Professionals Day, expressed his appreciation to Council support staff members Lori Smith and Christine Grenier, and gifted them each with a house plant; on behalf of District 5 Council Member Michael Goodnow, shared that the Department of Community Development will be hosting a Virtual Charleston Community Meeting on Thursday, April 22 at 7:00 PM to discuss “Potential Code Updates”; and reminded the public that all meetings will be held by Zoom until further notice, including the Study Session next week on Wednesday, April 28, 2021 beginning at 5:00 PM. With no further business, President Gorman adjourned the Council Meeting at 8:28 PM. Prepared and Submitted by: ______________________________ LORI SMITH Legislative Office Manager APPROVED by the City Council on the 5th 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 – April 28, 2021 Study Session Date: N/A COUNCIL MEETING Date: May 5, 2021 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes of Study Session held on April 28, 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 April 28, 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, April 28, 2021 A virtual Study Session of the City Council of the City of Bremerton was called to order on Wednesday, April 28, 2021 at 5:00 PM, with Council President Kevin Gorman presiding. Council Members present were Eric Younger, Mike Simpson, Michael Goodnow, Lori Wheat, and Leslie Daugs. Council Member Pat Sullivan was absent. Lori Smith, Legislative Office Manager, and IT Manager Dave Sorensen 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 with Council Members and staff participating remotely. 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 5, 2021 City Council Meeting Agenda… A. BRIEFINGS ON AGENDA ITEMS 1. Agreement with Long Painting Company for Reservoir 19 Exterior Coating Replacement Consent Agenda 2. Contract Modification Agreement No. 3 with AquaTechnex LLC for Phoslock Treatment and Aquatic Vegetation Harvesting of Kitsap Lake General Business 3. Amendment No. 1 to the Interlocal Cooperative Agreement with Kitsap Public Utility District for Sharing Fiber Optic and Information Technology Services and Infrastructure General Business 4. Professional Services Agreement with SPECTRA Laboratories - Kitsap, LLC for Environmental Water and Soil Analyses Consent Agenda 5. Contract with Active Construction, Inc. for Oyster Bay Beach Sewer Upgrades General Business 6. Amendment to Clean Water State Revolving Fund Loan Agreement with the Washington State Department of Ecology for the Oyster Bay Beach Sewer Upgrades (OB-2 to OB-1) Project General Business 7. Purchase Microsoft AZURE Active Directory P2/GCC/Multi-Factor Authentication; and related Budget Adjustment Consent Agenda 8. Interlocal Agreement for Mutual Aid and Traffic Safety Task Force General Business 9. Renewal of Agreement with Redflex Traffic Systems, Inc. for Photo Red Light Enforcement Program General Business B. NFORMATION-ONLY ITEMS 1. Public Works & Utilities Department, Engineering Division Workload Study; and Implementation Plan – Presented by Public Works Director Tom Knuckey; City Engineer Ned Lever; and David Gordon of FCS Group President Gorman called a break from 7:42 to 7:48 PM… 2. Public Works & Utilities Department Organization and Staffing – Presented by Public Works Director Tom Knuckey City Council Study Session Minutes Wednesday, April 28, 2021 Page 2 of 2 3. Legal Department/City Attorney Staffing Requests – Presented by City Attorney Roger Lubovich and City Prosecutor Gary Hersey C. GENERAL COUNCIL BUSINESS o Public Works Committee Monthly Briefing – Chair Eric Younger o Finance, Investment & Parking Committee Monthly Briefing – Vice Chair Eric Younger o Other General Council Business was briefly discussed. President Gorman announced that all meetings will continue to be held remotely until further notice, including the next regular Council Meeting on Wednesday, May 5, 2021 at 5:30 PM, and added a reminder that the proposed “Noise Levels” Ordinance will also be included on the next agenda to receive public comments only, followed by proposed Council action on May 19. With no further business, the Study Session was adjourned at 9:23 PM. Prepared and Submitted by: ______________________________ LORI SMITH Legislative Office Manager APPROVED by the City Council on the 5th 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: April 28, 2021 Agreement with Long Painting Company for the Reservoir 19 Exterior Coating Replacement COUNCIL MEETING Date: May 5, 2021 Department: PW&U - Engineering Presenter: Robert Endsley Phone: (360) 473-2348 SUMMARY: Reservoir 19 is a 2.0 million gallon steel water reservoir located at 2628 Ash St. An exterior coating assessment report was prepared by Northwest Corrosion Engineering in early 2019 which included recommendations for recoating the exterior. The exterior of the reservoir will be abrasive blasted to remove the existing coating and a new coating system will be applied. Seven (7) bids were received. Bids were opened on April 5, 2021. Long Painting Company was the lowest responsible, responsive bidder in the amount of $337,881.47 (which includes sales tax). ATTACHMENTS: 1. Agreement 2. Location Map 3. Bid Tabulation FISCAL IMPACTS (Include Budgeted Amount): This project is included in the 2021 Water Capital Budget. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to award the construction contract for Reservoir 19 – Exterior Coating Replacement to Long Painting Company; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 4D SECTION 00500 AGREEMENT THIS AGREEMENT is dated the _________ day of ________ in the year 2021 by and between City of Bremerton (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK. CONTRACTOR shall complete the WORK as specified or indicated in the OWNERS's Contract Documents entitled RESERVOIR 19 -EXTERNAL COATING REPLACEMENT. ARTICLE 2. CONTRACT TIMES. The WORK shall obtain Substantial Completion within 100-calendar days from the commencement date stated in the Notice to Proceed. Time is of the essence as to each and every deadline set forth in this agreement. This provision has been specifically negotiated. Final Completion and Acceptance of WORK shall be achieved no later than 30 calendar days following Substantial Completion. ARTICLE 3. LIQUIDATED DAMAGES. OWNER and the CONTRACTOR recognize that time is of the essence for this Agreement and that the OWNER will suffer financial loss if the WORK is not completed within the time specified in Article 2 herein, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions and Supplementary Conditions. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the OWNER if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the CONTRACTOR shall pay the OWNER liquidated damages for the delay (Not as a penalty) in the amount of $750 per day that expires after the time specified in Article 2. ARTICLE 4. CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the WORK in accordance with the Contract Documents in the amount set forth in the Bid Schedule(s). ARTICLE 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. Contractor Initials RESERVOIR 19 -EXTERIOR COATING REPLACEMENT APRIL2021 AGREEMENT 00500-1 LONG PAINTING COMPANY 1 1 Long Painting Company Long Painting Company 21414 68th Ave. S. Kent, WA 98032 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Professional Services Agreement with SPECTRA Laboratories – Kitsap, LLC for Environmental Water and Soil Analyses Study Session Date: April 28, 2021 COUNCIL MEETING Date: May 5, 2021 Department: Public Works & Utilities Presenter: Cami Apfelbeck Phone: (360) 473-2315 SUMMARY: The City of Bremerton water utility collects about 1300 routine and investigative water and soils samples each year in compliance with state and federal regulations and to ensure it is providing safe, clean drinking water to customers. Periodically, regulatory agencies may require additional targeted sampling such as required under EPA’s Unregulated Contaminant Monitoring Rule based upon emerging contaminants of concern. Samples must be analyzed by a state-certified laboratory using state and federally-accepted analytical methods. The vast majority of the samples are bacteriological, and to ensure that bacteriological sample holding times are met, the laboratory must be within 30 driving miles of the utility operations center at 100 Oyster Bay Ave N. This 3-year agreement replaces the current outdated agreement. ATTACHMENTS: Project summary and Professional Services Agreement that sets terms and conditions, scope of work, and deliverables. FISCAL IMPACTS (Include Budgeted Amount): A total of $180,000 at $60,000 per year from the Water Utility Operations Professional Services Budget (534.5134 54110). No budget additions or changes required. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Professional Services Agreement between the City of Bremerton and SPECTRA Laboratories - Kitsap, LLC, and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 4E PSA - SPECTRA Laboratories - Kitsap, LLC Cami Apfelbeck, Water Utility Manager April 20, 2021 Basis for project: The current laboratory services professional services agreement is outdated and requires an update. Project Description: The City of Bremerton water utility collects about 1300 routine and investigative water and soils samples each year in compliance with state and federal regulations and to ensure it is providing safe, clean drinking water to customers (Figures 1 and 2 below). Periodically, regulatory agencies may require additional targeted sampling such as required under EPA’s Unregulated Contaminant Monitoring Rule based upon emerging contaminants of concern. Samples must be analyzed by a state-certified laboratory using state and federally-accepted analytical methods. Figure 1 Figure 2 Project location: City of Bremerton utility operations and distribution system, as well as, all groundwater sources and the Union River Watershed. Bid Solicitation: IAW BMC 2.76.040, not required for professional services. Selection criteria: • Expediency – must be within 30 driving miles in order to receive and process bacteriological samples which have a short holding time of 8 hours • Comprehensive service – must be EPA/State certified to provide all needed analyses (There are other labs that are certified for some of the scoped analyses. However, it would be administratively challenging to manage multiple contracts, not to mention more costly, as laboratories consistently offer discount pricing for bulk services.) • Efficiency – must provide no-cost daily courier service to pick up samples at the Oyster Bay Ave N facility (It would be extremely inefficient to take at least an hour of an employee’s time each day to deliver samples; significantly longer if trying to use multiple laboratories.) SPECTRA Laboratories – Kitsap, LLC is the only feasible option that meets these criteria. Amount: $180,000 at $60,000 per year. Fund: Water Utility Operations Professional Services Budget (53 4.5134 54110). Project deadline: 3-year contract. Page 1 of 15 Bremerton/SPECTRA Laboratories-Kitsap, LLC Environmental Water and Soil Analyses Rev. 06/2020 PROFESSIONAL SERVICES AGREEMENT SPECTRA Laboratories - Kitsap, LLC Environmental Water and Soil Analyses The City of Bremerton (“City”) and SPECTRA Laboratories - Kitsap, LLC (“Consultant”), referred to collectively as the “Parties,” enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated March 4, 2021, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.H of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit B; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in Section IX.A of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $60,000 per year. Consultant’s charges and bills shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit C. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit C. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. Page 2 of 15 Bremerton/SPECTRA Laboratories-Kitsap, LLC Environmental Water and Soil Analyses Rev. 06/2020 IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City’s employees and other Consultants. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City’s administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: A. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement except for that portion of the injuries and damages caused by the City’s sole negligence, unless Consultant is conducting work pursuant to Subsection B below. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. B. Architects, Engineers and Any Other Professional Listed In and Performing Services Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that Consultant’s services provided pursuant to this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE Page 3 of 15 Bremerton/SPECTRA Laboratories-Kitsap, LLC Environmental Water and Soil Analyses Rev. 06/2020 PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-contractors. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and 3. Excess Liability insurance with limits not less than $1,000,000 limit per occurrence and aggregate; and 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim; and 5. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an “occurrence” basis except professional liability insurance (if required), which may be provided on a “claims-made” basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. Page 4 of 15 Bremerton/SPECTRA Laboratories-Kitsap, LLC Environmental Water and Soil Analyses Rev. 06/2020 The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City’s Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. In the event that the Consultant employs other consultants or contractors (sub-consultants or sub-contractors) as part of the work covered by this Agreement, it shall be the Consultant’s responsibility to require and confirm that each sub-consultant or sub-contractor meets the minimum insurance requirements specified above. The Consultant shall, upon demand of the City, deliver to the City copies of such policy or policies of insurance and the receipts for payment of premiums thereon. VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (“GAAP”) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's laboratory in Poulsbo, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service Page 5 of 15 Bremerton/SPECTRA Laboratories-Kitsap, LLC Environmental Water and Soil Analyses Rev. 06/2020 with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City’s sole risk. C. Use of Photographs and Images. Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. D. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. E. Place of Work: The Consultant shall perform the work authorized under this Agreement at its laboratory in Poulsbo, Washington or Port Orchard, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. F. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. G. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H. Modification: This Agreement may only be modified by written instrument signed by both Parties. I. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. Notices to be sent to: Notices to be sent to: CITY: CONSULTANT: Attn: Water Utility Manager Attn: Laboratory Owner City of Bremerton SPECTRA Laboratories-Kitsap, LLC 100 Oyster Bay Ave N 26276 Twelve Trees Ln. #C Bremerton, WA 98312 Poulsbo, WA 98370 J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. Page 6 of 15 Bremerton/SPECTRA Laboratories-Kitsap, LLC Environmental Water and Soil Analyses Rev. 06/2020 K. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. M. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. N. Attorneys’ Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney’s fees. O. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII. Equal Employment Opportunity Statement: In the hiring of employees for the performance of work under this Agreement, the Consultant, its subcontractors, or any person acting on behalf of Consultant shall not discriminate in any employment practice on the basis of age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status, military status, or the presence of any physical, mental or sensory disability. IX. ADA Statement: The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment and admission to participation in the programs, services and activities of the City of Bremerton. Reasonable accommodation for employees or applicants for employment will be provided. X. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience or by the Consultant upon one hundred eighty (180) days prior written notice. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non-performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party’s sending notice to the non-performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. Page 7 of 15 Bremerton/SPECTRA Laboratories-Kitsap, LLC Environmental Water and Soil Analyses Rev. 06/2020 A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. XI. Suspension & Debarment. For contracts involving Federal funding, Consultant hereby certifies, by signing this agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Consultant shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Consultant enter into a covered transaction with another firm, Consultant agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. Page 8 of 15 Bremerton/SPECTRA Laboratories-Kitsap, LLC Environmental Water and Soil Analyses Rev. 06/2020 IN WITNESS WHEREOF, the parties below have executed this Agreement. CITY: CONSULTANT: CITY OF BREMERTON SPECTRA Laboratories-Kitsap, LLC By: By: Print Name: Greg Wheeler Print Name: Frederick Barkman Its: Mayor Its: Laboratory Owner Date: Date: March 19, 2021 APPROVED AS TO FORM: ATTEST: By: By: Roger A. Lubovich, Bremerton City Attorney Angela Hoover, City Clerk R:\Legal\Legal\Forms\FORMS ON COBWEB\Professional Services Agreement Rev. 06 2020.docx Page 9 of 15 Bremerton/SPECTRA Laboratories-Kitsap, LLC Environmental Water and Soil Analyses Rev. 06/2020 Exhibit A SCOPE OF WORK FOR LABORATORY SERVICES March 2021 Background The City of Bremerton Water Utility (Bremerton) operates a Class A water system serving a population of approximately 71,000. Sources include an approved unfiltered surface supply and groundwater. Regulations require the following types of analysis: □ Presence/absence total coliform for finished drinking water (30 hour holding time) □ Heterotrophic plate count (8 – 24 hour holding time) □ Total and fecal coliform density for source water (8-hour holding time) □ Various other chemical analyses for drinking water and environmental purposes. Laboratory Location The laboratory location must remain less than 30 miles driving distance from the Bremerton Water Utility Operations Center at 100 Oyster Bay Ave. N. Both SPECTRA Laboratories-Kitsap, LLC locations at 26276 Twelve Trees Lane NW, Poulsbo and 1786 Mile Hill Drive, Port Orchard are acceptable. Laboratory Availability WAC 246-290-690(3)(j)(i) requires that Bremerton have a laboratory available seven days per week. Although routine monitoring occurs predominantly during regular business hours (7:30 a.m. to 4:00 p.m., Monday through Friday), there may be times that Bremerton needs to have bacteriological samples analyzed on Saturdays, Sundays, and holidays. Therefore, on-call availability must be provided on all weekends and holidays. On-call availability is waived if, for logistical reasons outside either Bremerton’s or SPECTRA’s control, the sample cannot be analyzed. Extreme weather, power outages, and other similar emergencies fall into this category Analytical Procedures Appropriate, approved analytical procedures meeting state and federal drinking water regulatory requirements will be used. Certification Required All analyses for drinking water compliance must be performed by a laboratory certified by the State of Washington. Quality Control A copy of the latest laboratory quality assurance plan will be provided to Bremerton. Quality control documentation for chemical procedures will be sent with sample results. Page 10 of 15 Bremerton/SPECTRA Laboratories-Kitsap, LLC Environmental Water and Soil Analyses Rev. 06/2020 Sample Containers and other Materials Required for Sampling All sample containers and materials required for sampling will be supplied by the lab and will be properly prepared for the particular analysis requested. Bremerton will supply pre-printed sample information slips for bacteriological samples. Sample Transport Monday through Friday courier sample pick-up at the City’s Water Utility Operations Center at 100 Oyster Bay Ave N must be provided at no extra cost. Depending upon circumstances, Bremerton may also choose to hand deliver samples. Samples must be kept below 10o C during transit. Bremerton will send a completed sample information slip with each bacteriological sample or appropriate chain-of-custody for all other analyses and will inform the laboratory of any specific requirements for testing. Laboratory Holding Times The laboratory will adhere to regulatory-required holding times. Note that source fecal samples have only an 8-hour holding time. Bacterial analysis for total coliform presence/absence samples received by the lab before 3:30 PM shall be set up the day received. Data Package Bacteriological sample results will be delivered to Bremerton within seven calendar days of sample receipt by the laboratory and all results must be received for the previous month by the 6th day of the next month. Chemical sample results will be delivered to Bremerton within 30 calendar days of sample receipt by the laboratory and will include: Case narrative – sample type, sample ID, summary of any problems with the sample, shipment, or holding times. QA/QC Documentation – Results of relevant quality control checks initiated by the laboratory, calibration and blanks, spike results, and instrumentation performance. Sample data – final results for all samples. For drinking water regulatory samples - report all data to Washington State reporting limit. Notification Bremerton will provide the laboratory with a procedure for notifying the City about samples or changes in hours. The laboratory will provide to Bremerton a procedure for contacting the laboratory during regular business hours and for weekend, holiday, and on- call laboratory services. Page 11 of 15 Bremerton/SPECTRA Laboratories-Kitsap, LLC Environmental Water and Soil Analyses Rev. 06/2020 The laboratory shall notify Bremerton by phone before 4:00 pm or by 8:00 am the next day when any distribution coliform sample is presence for total coliform or E. coli. This message must be transmitted to a Water Resources Division employee, not left on an answering machine. The laboratory will provide Bremerton a minimum of 7-day notice when its regular business hours are changed due to holidays, staff availability, or other similar reasons. This does not affect the requirement for on-call laboratory service, and the laboratory will still be required to provide on-call laboratory services. The laboratory will give as much notice as possible when it will not be open for regular business hours due to an emergency. The lab shall notify Bremerton as early as possible after 7:30 am of such a laboratory closure. In emergency instances when it is not possible or safe for personnel to get to the laboratory (such as for inclement weather), the requirement for on-call laboratory service is waived. Page 12 of 15 Bremerton/SPECTRA Laboratories-Kitsap, LLC Environmental Water and Soil Analyses Rev. 06/2020 Exhibit B Schedule March 2021 Background Agreement expires 3 years from the fully-executed agreement date. Page 13 of 15 Bremerton/SPECTRA Laboratories-Kitsap, LLC Environmental Water and Soil Analyses Rev. 06/2020 Exhibit C Background Laboratory Fees/Rates Bremerton has agreed to a 3-year contract with SPECTRA Laboratories – Kitsap, LLC. Page 14 of 15 Bremerton/SPECTRA Laboratories-Kitsap, LLC Environmental Water and Soil Analyses Rev. 06/2020 Contract expires 3 years from fully executed contract date. Page 15 of 15 Bremerton/SPECTRA Laboratories-Kitsap, LLC Environmental Water and Soil Analyses Rev. 06/2020 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: April 28, 2021 Purchase Microsoft AZURE Active Directory P2/GCC/Multi-Factor Authentication; and related Budget Adjustment COUNCIL MEETING Date: May 5, 2021 Department: Finance Presenter: Dave Sorensen Phone: (360) 473-5472 SUMMARY: In recent weeks there have been numerous attempts to gain access to the city’s Microsoft 365 systems. There have been two incidents where employees email accounts have been hacked and used to send emails with malicious content to other city employees and citizens. By purchasing AZURE Active Directory P2 GCC (Government Community Cloud), we would be able to implement Multi-Factor Authentication that would decrease the risks from further hacking attempts. ATTACHMENTS: Purchase Quote for Microsoft AZURE Active Directory P2 GCC Explanation of Multi-Factor Authentication FISCAL IMPACTS (Include Budgeted Amount): The total pro-rated cost of the Microsoft AZURE system is $25,507.80, which is not currently budgeted for 2021. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve a budget adjustment in the amount of $25,507.80 to fund 511 for the purpose of purchasing Microsoft AZURE Active Directory P2/GCC; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 4F Quote prepared: 4/15/2021 Quote expires: 4/30/2021 Planet Technologies offers the following add on quote for City of Bremerton through our AOS-G Agreement. This quote will expire April 30th, 2021; upon expiration of this quote, the following prices may no longer be valid. (Pro-rated for 9 months) Quote 1: Part Number SKU Monthly Cost Per User Pro-rated Cost Per license Quantity/Users Pro-rated Cost for licenses MQN-00001 AzureActiveDrctryPre mP2GCC ShrdSvr ALNG SubsVL MVL PerUsr $7.40 $66.60 383 $25,507.80 PO Required for add on: $25,507.80 Multi-Factor Authentication Multi-factor authentication is the combination of 2 or more security authentication methods. AMENDED AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: April 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 5A Updated 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 AMENDED AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: April 28, 2021 Interlocal Agreement for Mutual Aid and Traffic Safety Task Force COUNCIL MEETING Date: May 5, 2021 Department: Police Presenter: Mike Davis Phone: 360.473.5233 SUMMARY: Provide mutual law enforcement assistance to target and apprehend individuals committing traffic offenses, with an emphasis on driving under the influence, speeding, occupant protection, distracted driving, and underage drinking ATTACHMENTS: Interlocal Agreement for Mutual Aid and Traffic Safety Task Force FISCAL IMPACTS (Include Budgeted Amount): $3,000 for the cost of the Task Force Coordinator STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Interlocal Agreement for Mutual Aid and Traffic Safety Task Force; and authorize the Mayor to finalize and execute the contract with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 5B 1 RETURN TO: KITSAP COUNTY TRAFFIC SAFETY TASK FORCE c/o Kitsap County Sheriff’s Office 614 Division, MS-37 Port Orchard, WA 98366 KC -___________ INTERLOCAL AGREEMENT FOR MUTUAL AID AND TRAFFIC SAFETY TASK FORCE THIS INTERLOCAL AGREEMENT FOR MUTUAL AID AND TRAFFIC SAFETY TASK FORCE (“Agreement”) is made and entered between the Kitsap County Sheriff’s Office (“KCSO”) and the Bainbridge Island Police Department, Bremerton Police Department, Port Orchard Police Department, Poulsbo Police Department and Suquamish Police Department (“Tribe”), acting through the governing bodies of their respective jurisdictions, individually referred to as a “participating agency” and collectively referred to as the “parties”. RECITALS WHEREAS, the participating agencies, all law enforcement agencies in Kitsap County, desire to cooperatively participate in a Kitsap County Traffic Safety Task Force (“Task Force”) for the purpose of providing mutual law enforcement assistance to target and apprehend individuals committing traffic offenses, with an emphasis on driving under the influence, speeding, occupant protection, distracted driving, and underage drinking. WHEREAS, multi-agency participation in the Task Force is possible by virtue of the Washington Mutual Aid Peace Officer Powers Act set forth in Chapter 10.93 RCW and the Interlocal Cooperation Act set forth in Chapter 39.34 RCW. WHEREAS, parties desire to execute this Agreement to memorialize the terms and conditions of Task Force participation. NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference, and mutual promises and covenants, the parties agree as follows: 1. DEFINITIONS A. “Enforcement Committee” means the Traffic Safety Task Force Enforcement Committee. B. “General Authority Washington peace officer” shall have the meaning as defined in RCW 10.93.020(3). C. “Hosting agency,” means the participating agency located in the jurisdiction in which Task Force duties are then being performed. 2 D. “Hosting agency supervisor” means the hosting agency’s assigned Task Force supervisor(s) or designee(s). E. “Participating agency,” or “primary commissioning agency” shall have the same meaning as “primary commissioning agency” is defined in RCW 10.93.020(8). F. “Specially Commissioned Washington peace officer” shall have the meaning as defined in RCW 10.93.020(5). 2. PURPOSE. The purpose of this Agreement is to provide for the joint and cooperative undertaking of the parties to establish, implement, and manage the Traffic Safety Task Force emphasis patrol committed to traffic safety, including the prevention of alcohol and other drug-impaired driving, underage drinking, speeding, distracted driving, and occupant protection offenses through coordinated, multi-agency deterrence, and define responsibilities as contemplated by RCW 39.34.030. 3. ORGANIZATION. No separate legal or administrative entity is created by this Agreement nor do the parties intend to create through this Agreement a separate legal or administrative entity subject to suit. 4. ADMINISTRATION. This Agreement shall be administered by the Traffic Safety Task Force Enforcement Committee, which is an administrative board comprised of the Kitsap County Sheriff and the Chiefs of Police for the cities of Bainbridge, Bremerton, Port Orchard, Poulsbo and Suquamish or their respective designees. No participating agency is intending to assume responsibility or liability for the actions, or failures to act, of another participating agency and/or its respective officers, employees, and agents. 4. SCOPE. The parties to this Agreement will each provide law enforcement personnel for Task Force emphasis operations within targeted areas as set forth in Attachment A, Traffic Safety Task Force Emphasis Patrol Operational Guidelines, which is incorporated herein by reference. The areas selected for targeted emphasis operations and patrol will be determined by the Enforcement Committee. 5. EFFECTIVE DATE, DURATION, FILING. This Agreement shall become effective on January 1, 2021 and remain in effect for five (5) years, unless terminated or extended. Prior to its entry into force, this Agreement shall be filed with the Kitsap County Auditor’s Office or, alternatively, listed by subject on the web site or other electronically retrievable public source in compliance with RCW 39.34.040. 6. TERMINATION. Any participating agency may terminate its participation under this Agreement by providing 90 days’ prior written notice to the other parties. The termination of a participating agency will not automatically result in the dissolution of the Task Force. A terminated participating agency assumes no responsibility for the acts or omissions occurring after the effective termination date but shall remain liable for acts or omissions 3 occurring prior to the effective date of termination. The Task Force may be dissolved in its entirety by unanimous agreement of all parties. 8. OPERATIONS. When Task Force emphasis operations are scheduled, the operations shall be coordinated by an employee holding a rank of sergeant or higher from the scheduled hosting agency. Unless an action taken by an individual assigned to participate in the Task Force activities can be directly attributed to the direction and control of the hosting agency’s supervisor, all actions by the individual will be considered actions by that individual, acting under the direction and control of that individual’s primary commissioning agency according to its policies and procedures. No allocation of liability to the other participating agencies is otherwise intended by this Agreement. It is anticipated, but not required, that infractions and citations are to be written into the hosting agency’s municipal court when emphasis patrols are held in the City of Bainbridge Island, Bremerton, Port Orchard or Poulsbo. 10. USE AND ACQUISITION OF PROPERTY. Each participating agency shall be responsible for acquiring all property that the participating agency needs for Task Force participation during the term of this Agreement. The parties do not anticipate the joint acquisition of property for the performance of this Agreement and any property acquired by a participating agency for the purposes of effectuating the terms of this Agreement shall remain the property of the acquiring participating agency. 11. TASK FORCE COORDINATION A. The Task Force Coordinator shall be responsible for coordinating Task Force related communications between all participating agencies for Task Force activities. The Task Force Coordinator is an employee of KCSO and funding for this position will be the sole responsibility of Kitsap County. The coordination provided by KCSO shall not be considered an allocation of liability to Kitsap County under RCW 10.93.040 for any purpose whatsoever. B. Each participating agency will pay an annual contribution to KCSO to be used for the cost of providing the Task Force Coordinator. The amounts are as follows: Bremerton Police Department ($3,000), Bainbridge Island Police Department ($2,500), Port Orchard Police Department ($2,500), Poulsbo Police Department ($2,500) and Suquamish Police Department ($2,500). In return, the Task Force Coordinator will assist in finding additional funding for traffic safety campaigns and equipment. Funding for overtime will be available through a grant from the Washington Traffic Safety Commission. 12. INDEPENDENT CAPACITY A. Each participating agency and its respective employees or agents shall continue to be the employees or agents of the primary commissioning agency which shall be solely and exclusively responsible for that employee or agent and shall not be considered for any purpose whatsoever to be employees or agents of the other parties this Agreement. 4 No participating agency shall have the authority to bind another participating agency nor control the employees, agents, or contractors of another participating agency to this Agreement. All rights, duties and obligations of the employer shall remain with the primary commissioning Agency. Each participating agency agrees to indemnify, defend, and hold harmless the other parties in any action arising from or related to the negligence of its own employees, including all costs of defense and attorney's fees. B. Each participating agency shall be solely and exclusively responsible for the compensation, salary, benefits, training, training expenses, equipment, and all other costs, including without limitation, worker’s compensation and other expenses for its employees participating in Task Force activities, sworn and unsworn. Each participating agency will be responsible for ensuring compliance with all applicable laws, collective bargaining agreements, and civil service rules and regulations regarding its own employees. 13. MUTUAL AID, CONSENT. The KCSO Sheriff and Chiefs of Police, for each participating agency executing this Agreement, consent to the full exercise of peace officer powers and authority by each participating agency’s general authority Washington peace officers and specially commissioned Washington peace officers assigned by the primary commissioning agency to participate in the Task Force, when the assigned peace officer is engaging in Task Force activities. This consent is limited to the scope of authority granted by the primary commissioning agency to its Task Force participants. This grant of authority shall remain valid for the term of this Agreement unless revoked in writing. This grant of authority is not intended to reallocate the responsibility of the primary commissioning agency for the acts or omissions of their respective officers under RCW 10.93.040. This Agreement shall not be construed in any manner that would limit the parties’ authority or powers under law. 13. INDEMNIFICATION AND LIMITATION OF LIABILITY A. Each participating agency shall indemnify, defend, and hold harmless the other parties, and the other parties’ officers, employees, and agents from any and all allegations, complaints, losses, claims, damages, attorneys’ fees, or costs for wrongful and/or negligent acts or omissions of the participating agency and/or its officers, employees, or agents relating to or arising out of Task Force activities. In the case of allegations, complaints, losses, claims, damages, attorneys’ fees, or costs against more t han one participating agency, any damages allowed shall be levied in proportion to the percentage of fault attributable to each, and each participating agency shall have the right to seek contribution from each of the other participating agencies in proportion to the percentage of fault attributable to each of the other parties. The parties shall cooperate and jointly defend any such matter to the fullest extent allowed by law. B. A participating agency reserves the right, but shall have no obligation, to participate in the defense of any claim, damages, losses or expenses and such participation shall not constitute a waiver of the participating agency’s indemnity obligations under this Agreement. 5 C. Nothing in this Agreement shall require or be interpreted to: 1. Waive any defense arising out of RCW Title 51. 2. Limit the ability of any participating agency or its officials, officers or employees from exercising any right, defense or remedy which a participating agency to a lawsuit may have with respect to claims or third parties, including any good faith attempts to seek dismissal of legal claims against a participating agency by any proper means allowed under the civil rules in either state or federal court. 3. Cover or require indemnification for intentional wrongful conduct, conduct outside the scope of employment of any individual or for any judgment for punitive damages against any individual or participating agency. Payment of punitive damage awards, fines or sanctions shall be the sole responsibility of the individual against whom such a judgment is rendered and/or his/her employer, should that employer elect to make payment voluntarily. This Agreement does not require indemnification of any punitive damage awards or for any order imposing fines or sanctions. 14. INSURANCE. Each participating agency will maintain sufficient insurance coverage to cover any and all hazards, damages, costs, and liabilities associated with the Task Force activities, which shall at minimum include the following coverage: A. General Liability insurance with minimum combined single limits of one million dollars ($1,000,000) per occurrence and one million dollars ($1,000,000) aggregate. The policy will be applicable to all premises and operations. The policy will include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall not contain any exclusions which relate to or arise out of the Program activities under this Agreement. The policy will contain a severability of interests’ provision. B. Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than one million dollars ($1,000,000) each occurrence with respect to each of the party’s owned, hired, and non-owned vehicles on the premises at the EVOC training. The policy will contain a severability of interests’ provision. C. Workers’ Compensation Insurance in compliance with RCW 51.12.020, or the equivalent, which requires subject employers to provide workers’ compensation coverage for all their subject workers and Employer’s Liability or Stop Gap Insurance in the amount of $1,000,000. 15. NOTICE. All notices under this Agreement may be delivered or mailed to Sheriff or Chiefs of Police of the other participating agencies. All notices mailed by regular post (including first class) shall be deemed to have been given on the second business day following the date of mailing, if properly mailed and addressed. Notices sent by certified or registered mail shall be deemed to have been given on the day following the date of mailing, if 6 properly mailed and addressed. For all types of mail, the postmark affixed by the United States Postal Service shall be conclusive evidence of the date of mailing. 16. NONDISCRIMINATION. The parties shall not discriminate against any person on the basis of race, color, creed, religion, national origin, age, sex, marital status, sexual orientation, veteran status, disability, or other circumstance prohibited by federal, state, or local law, and shall comply with Title VI of the Civil Rights Act of 1964, P.L. 88-354 and Americans with Disabilities Act of 1990 in the performance of this Agreement. 17. GOVERNING LAW, JURISDICTION, VENUE, WAIVER A. This Agreement shall be governed by the laws of the State of Washington. Each participating agency consents to the personal jurisdiction of the Superior Court of the State of Washington for all participating agency claims, disputes, proceedings, or actions arising out of or relating to this Agreement. Venue for any such claim shall be exclusively in the Kitsap County Superior Court. The Tribe hereby expressly grants a limited waiver of sovereign immunity to suit solely for the purposes of this provision. The Tribe will neither direct nor authorize their respective insurers to raise defenses of sovereign immunity or treaty rights on behalf of the Tribe for participating agency claims authorized by this provision. B. Nothing in this Agreement shall be construed to authorize any suit, execution, attachment, or judicial process against the persons or property of the T ribe or any of its officers, agents, or employees, or against the Tribal Council or any member thereof, other than as specifically provided herein. In no event shall this Agreement be construed to authorize attachment, execution or other judicial process against real property of the Tribe, any property held in trust by the United States or subject to a restriction against alienation imposed by federal law, or any funds held by or on behalf of the Tribe and derived from federal or state grants or contracts. 19. HEADINGS. Headings of this Agreement are for convenience only and shall not affect the interpretation of this Agreement. 20. COMPLIANCE WITH LAWS. The parties shall comply with all applicable laws, rules and regulations pertaining to them in connection with the Services provided and matters covered in the Agreement, including but not limited to applicable regulations of the Washington Department of Labor and Industries, including WA-DOSH Safety Regulations; all relevant state and federal workplace safety requirements. 21. SURVIVAL. Those provisions of this Agreement that by their sense and purpose should survive expiration or termination of the Agreement shall so survive. Those provisions include, without limitation, the respective responsibilities and authority of each participating agency , indemnification, insurance, and governing law, jurisdiction, venue, and waiver. 7 22. NO THIRD-PARTY BENEFICIARY. This Agreement is intended to be solely between the parties. No part of this Agreement shall be construed to add, supplement, or amend existing rights, benefits, or privileges of any third party, including without limitation, employees of any participating agency. 23. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the participating agencies and supersedes all prior or simultaneous representations, discussions, negotiations, and agreements, whether written or oral, within the scope of this Agreement. 24. SEVERABILITY. The provisions of this Agreement are severable. Any term or condition of this Agreement or application thereof deemed to be illegal, invalid or unenforceable, in whole or in part, shall not affect any other term or condition of the Agreement and the parties’ rights and obligations will be construed and enforced as if the Agreement did not contain that particular provision. 25. AMENDMENT. This Agreement may be amended or modified as deemed appropriate by the parties, provided, any such amendment shall not become effective unless written and signed by all parties with the same formality as this Agreement. 26. ASSIGNMENT. The rights, authority, or obligations under this Agreement, and any claims arising thereunder, are not assignable or delegable by any participating agency. 27. PUBLIC RECORDS. To the extent any record, including any electronic, audio, video, paper, or other media, is required to be kept or indexed as a public record in accordance with the Washington Public Records Act, Chapter 42.56 RCW. Each participating agency agrees to maintain all records constituting public records and to produce or assist the other parties in producing such records, within the time frames and parameters set forth in state law. 29. COUNTERPARTS. This Agreement may be executed in any number of counterparts, all such counterparts shall be deemed to constitute one and the same instrument, with each counterpart deemed an original. 30. AUTHORIZATION. Any authorizations, actions required, or permitted to be taken, and any document required or permitted to be executed under this Agreement will be taken or executed only by a duly authorized representative of the participating agency . Each participating agency warrants and represents to the other parties that the person signing below has been properly authorized and empowered to execute this Agreement on behalf of the participating agency f or whom they sign and, if applicable, to waive sovereign immunity as required by this Agreement. 8 Approved and executed this ___ day of____________, 2020 KITSAP COUNTY APPROVED: _____________________________ GARY SIMPSON Kitsap County Sheriff DATED this __ day of _____________________, 2020. BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON __________________________________ CHARLOTTE GARRIDO, Chair __________________________________ ROBERT GELDER, Commissioner __________________________________ EDWARD E. WOLFE, Commissioner ATTEST: ___________________________ Dana Daniels, Clerk of the Board 9 Approved and executed this ___ day of____________, 2020 CITY OF BAINBRIDGE ISLAND __________________________________________ CHIEF JOSEPH CLARK Bainbridge Island Police Department Approved this _____day of __________, 2020 __________________________________________ MORGAN SMITH, City Manager __________________________________________ ROBBIE SEPLER, Deputy City Attorney 10 Approved and executed this ___ day of____________, 2020 CITY OF BREMERTON __________________________________________ CHIEF JAMES BURCHETT Bremerton Police Department Approved this _____day of __________, 2020 __________________________________________ MAYOR GREG WHEELER Bremerton, Washington APPROVED AS TO FORM: __________________________________________ ROGER LUBOVICH, City Attorney ATTEST: __________________________________________ ANGELA HOOVER, City Clerk 11 Approved and executed this ___ day of____________, 2020 CITY OF PORT ORCHARD __________________________________________ CHIEF MATTHEW BROWN Port Orchard Police Department Approved this _____day of __________, 2020 __________________________________________ MAYOR ROBERT PUTAANSUU Port Orchard, Washington APPROVED AS TO FORM: __________________________________________ CHARLOTTE ARCHER, City Attorney ATTEST: __________________________________________ BRANDY RINEARSON, City Clerk 12 Approved and executed this ___ day of____________, 2020 CITY OF POULSBO __________________________________________ CHIEF JOE HARDING Poulsbo Police Department Approved this _____day of __________, 2020 __________________________________________ MAYOR BECKY ERICKSON Poulsbo, Washington APPROVED AS TO FORM: __________________________________________ ALEXIS FOSTER, City Prosecutor ATTEST: __________________________________________ RHIANNON FERNANDEZ, CMC, City Clerk 13 Approved and executed this ___ day of____________, 2020 SUQUAMISH TRIBE __________________________________________ CHIEF MIKE LASNIER Suquamish Police Department Approved this _____day of __________, 2020 __________________________________________ CHAIRMAN LEONARD FORSMAN APPROVED AS TO FORM: _________________________________________ __________________, Tribal Attorney 14 ATTACHMENT A TRAFFIC SAFETY TASK FORCE EMPHASIS PATROL OPERATIONAL GUIDELINES 1. PURPOSE The Traffic Safety Task Force emphasis patrol is committed to traffic safety, including the prevention of alcohol and other drug-impaired driving, underage drinking, speeding, distracted driving, and occupant protection offenses through coordinated, multi- agency deterrence. 2. OBJECTIVES. The objectives of the Traffic Safety Task Force emphasis patrol are to: A. improve traffic safety in Kitsap County and reduce the incidence and prevalence of alcohol and other drug-impaired driving, underage drinking, speeding, distracted driving, and occupant protection offenses; B. increase law enforcement presence in the community to maximum levels in targeted high traffic, high DUI, and collision arrest areas based upon statistical analysis; C. increase public attention on traffic safety; D. focus media attention on traffic safety; and E. enhance communication and cooperation among law enforcement agencies in Kitsap County. 3. SELECTION OF TASK FORCE PARTICIPANTS A. Each participating agency will be asked to provide at least one officer for each Task Force emphasis patrol. Participating agencies with restricted jurisdiction will be asked to provide an equivalent, alternative level of participation. B. Each participating officer must be either a general authority Washington peace officer or a specially commissioned Washington peace officer. C. Specially commissioned Washington peace officers may not exceed the scope of the special commissions granted by the primary commissioning agency when exercising their law enforcement authority granted under the terms of the Agreement. D. Participating agencies will be encouraged to assign highly-motivated officers who have demonstrated an interest in traffic safety enforcement. 4. SUPERVISION A. The hosting agency will be required to provide a first level supervisor for the patrol shift for Task Force operations. 15 B. The hosting agency supervisor will coordinate the briefing to be held prior to the beginning of the patrol shift for Task Force emphasis operations, present area details and agency concerns, and provide any associated paperwork, if necessary. C. The hosting agency supervisor will work the entire patrol shift during the Task Force emphasis operations and will have overall responsibility for the coordination of the emphasis patrol. D. The hosting agency supervisor will field all questions and complaints concerning the Task Force emphasis patrol. All citizen complaints will be forwarded to the primary commissioning agency of the peace officer involved in the complaint. E. The hosting agency supervisor will have the authority to return an officer to his/her agency as a result of inappropriate behavior. In such an event, the hosting agency supervisor shall ensure that a written report of the incident will be promptly forwarded to the primary commissioning agency. F. Officers assigned to the Task Force emphasis patrol will be expected to follow their primary commissioning agency’s policies with regard to use of force, pursuit and arrest procedures, and all other matters of professional conduct. However, officers will also be expected to follow the direction of the hosting agency supervisor. 5. OFFICER RESPONSIBILITY A. Task Force officers will work their assigned areas according to the guidelines provided by the hosting agency supervisor, focusing on detection and apprehension of impaired drivers, and the enforcement of underage drinking, speeding distracted driving, and occupant protection statutes. B. When a DUI arrest is made, the arrestee will be taken to the nearest participat ing BAC facility for processing or to the Kitsap County Jail. Officers will follow the specific guidelines offered at briefings before each emphasis patrol as to specifically targeted areas, such as occupant protection, traffic safety emphasis patrols. C. Task Force officers will follow their primary commissioning agency guidelines for report writing with the reports filed in the jurisdiction of arrest, unless otherwise required by the Task Force officer’s primary commissioning agency. D. At the end of each Task Force emphasis patrol shift, each officer will provide the Task Force coordinator with an account of his/her activity for that shift using the activity log form provided. E. Task Force emphasis patrol officers will be expected to provide back-up and cover for one another while participating in Task Force activities. 16 F. Task Force officers will respond to traffic collisions to provide assistance and traffic control. If a collision is alcohol-related, the officer will investigate and make arrests or issue citations as appropriate. If alcohol is not involved, investigation instead be handled by the appropriate regular duty officer(s) for that jurisdiction. G. Coffee and lunch breaks will be provided; however, these breaks will be restricted to no more than two marked units together at one time. H. If citizens inquire as to the presence of an outside agency officer in the emphasis area, officers will explain their role in the Traffic Safety Task Force Emphasis Patrol. 6. TARGET AREAS AND DEPLOYMENT A. The emphasis patrol will be assigned to target areas based on intelligence information from participating agencies, DUI arrest and collision data, occupant protection surveys, and discussions of the Enforcement Committee. B. The target areas will be assigned by rotation so that each participating agency’s jurisdiction is included in the enforcement rotation unless a higher priority target is identified by the Enforcement Committee. C. The hosting agency supervisor will coordinate the deployment of Task Force officers assigned to the emphasis patrol. Each officer will be provided with a map of the target area and briefing information. 7. COMMUNICATIONS A. All Task Force emphasis patrol communications will be on a frequency as agreed upon by Kitsap 911 and the Task Force Supervisor. B. Requests for data or impound will be made through the appropriate dispatch agency. 8. GENERAL POLICIES 1. No DUI arrestee will be released to their own custody. Arrestee not booked into jail, are only be released to a responsible, sober person or transported home. 2. DUI arrestees who are combative or otherwise uncooperative will be taken to the Kitsap County jail. Booking of such arrestees will be left to the discretion of the officer’s primary commissioning agency policies. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: April 28, 2021 Renewal of Agreement with Redflex Traffic Systems, Inc. for Photo Red Light Enforcement Program COUNCIL MEETING Date: May 5, 2021 Department: Police Presenter: Mike Davis Phone: 473-5233 SUMMARY: Redflex Traffic Systems provides the citywide Photo Red Light Enforcement Program which includes processing of infraction data and issuance of citations in nine (9) locations across the City. The agreement includes two (2) options to renew for periods of two (2) years each. This modification is the exercise of the second, two-year renewal period, making the expiration of the agreement June 30, 2023. ATTACHMENTS: Renewal Letter FISCAL IMPACTS (Include Budgeted Amount): There is no change to the original agreement amount. This agreement is cost neutral with a fixed fee of $4,000 per month for each camera location, with nine (9) locations, but is capped at the gross receipts received by the City of Bremerton or the fee, whichever is less. The program is within budget and included in the general fund. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve renewal of agreement with Redflex Traffic Systems, Inc. for Photo Red Light Enforcement Program and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 5C ________________________________________________________________________________ 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 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: April 28, 2021 Contract Modification Agreement No. 3 with AquaTechnex LLC for Phoslock Treatment and Aquatic Vegetation Harvesting of Kitsap Lake COUNCIL MEETING Date: May 5, 2021 Department: Public Works & Utilities Presenter: Chance Berthiaume Phone: (360) 473-5929 SUMMARY: Kitsap Lake has a history of toxic algae blooms due to elevated levels of available phosphorus and internal recycling of phosphorus from decomposing aquatic vegetation. In the summer of 2020, the City started work to reduce phosphorus and control aquatic vegetation using Phoslock, a sequestering agent, and harvesting. This contract amendment extends the work through 2021 and is the second year of the 3-year plan. Phoslock reduces available phosphorus to eliminate blue-green algae blooms and restores water quality to an acceptable condition for use by human, animal, and fish. Harvesting removes excess aquatic vegetation biomass to reduce phosphorus released during decomposition. Contract modification numbering jumped #1 to #2 through an editing error, there is not a contract modification #1. AquaTechnex will mobilize and treat the lake with Phoslock in May and begin harvesting in June of 2021 with a possible second partial Phoslock treatment in August. NPDES Permit coverage is in place and will be renewed during the contract term for 2021-2022. ATTACHMENTS: 1) AquaTechnex LLC. Goods and Services Agreement Contract Modification No. 3; and 2) Power Point Presentation FISCAL IMPACTS (Include Budgeted Amount): Project cost is $155,000 with funding sources split between Stormwater Capital Fund ($77,500), and the General Fund ($77,500). STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve Contract Modification No. 3 to the Goods and Services Agreement with AquaTechnex LLC; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 5D Page 1 of 4 Contract Modification Rev. 10/2019 CONTRACT MODIFICATION AGREEMENT NO. 3 BETWEEN THE CITY OF BREMERTON AND AQUATECHNEX LLC. PROJECT Phoslock Treatment of Kitsap Lake CONSULTANT AquaTechnex LLC. DATE 3/24/2021 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE Phoslock Treatment of Kitsap Lake AGREEMENT (the "Contract") entered into between the City of Bremerton and AquaTechnex LLC. on May 20th, 2020 and as modified on 8/11/2020, contract number 6113. Although titled “Contract Modification Agreement NO. 3,” this is the second amendment to this Contract. All provisions in the Contract shall remain in full force and effect except as expressly modified by this document. For valuable consideration and by mutual consent of the parties, the modifications to the Contract are as follows: I. Section I. Scope , is modified as follows: Scope of work for this contract is defined each year beginning in 2020 and running through 2022, based on the needs of Kitsap Lake to control algae, eliminate invasive aquatic vegetation, and harvest excess aquatic vegetation. The 2021 Scope of Work includes the application of Phoslock and herbicide in conjunction with harvesting of excessive aquatic vegetation to accomplish this goal. See 2021 Scope of Work attached as Exhibit A. A future Contract Modification is anticipated for additional Kitsap Lake water quality treatment in 2022. Section II. Term , is modified as follows: The Consultant shall complete the work described in the 2021 Scope of Work by December 31st, 2021. The term of this contract is extended to December 31, 2022. Section III. Compensation , is modified as follows: The original contract amount was $205,692. The current contract amount, including all previous amendments, is $235,571.25. The City shall pay the Consultant for the additional work described above, based on time and materials, an amount not to exceed $155,000 for a total amended contract amount of $390,571.25, including this Contract Modification. II. Consultant accepts all requirements of this Contract Modification by endorsing below. Consultant further agrees that this Contract Modification constitutes full and final settlement of all of the Consultant’s claims for contract time and for all costs of any kind, including without limitation, costs of delays related to any work either covered or affected by this Contract Modification, claims related to on-site or home office overhead, or lost Page 3 of 4 Contract Modification Rev. 10/2019 EXHIBIT A 2021 Scope of Work Phoslock Treatment Application: •In May, apply Phoslock to the entire lake to sequester free reactive phosphorus at a dose determined by analyzed samples. The City will provide follow-up phosphorus monitoring through early October to track effectiveness of the application. Consider a second dose over deep water sites in late summer, to eliminate phosphorus levels below the thermocline, if it is elevated, which could cause an algae bloom. Herbicide Application: •Repeat the shoreline noxious emergent vegetation treatment program and retreat areas where there is new growth of invasive aquatic and shoreline species. These areas will be treated with Clearcast. This will include obtaining coverage under the emergent noxious weed NPDES Permit, posting as required, and treatment of plants on the state noxious weed list as located. Aquatic Vegetation Harvesting: •Excessive aquatic vegetation growth will be harvested along the shoreline around the entire lake except for Bull Rush which is outside of the scope of work. AquaTechnex will provide an aquatic weed harvesting system with operators to cut vegetation as directed by the City staff. The City will determine the number of days this option will consume from the annual budget. Compliance with all requirements of the NPDES Aquatic Permit is the sole responsibility of AquaTechnex LLC. Public notifications for treatment activities will be completed as required and in accordance with Permit timelines and areas. Cost Schedule Item Timeline and comments Budget NPDES Permitting Estimated cost for NPDES Permit renewal $750 Perform water sampling and treatment planning April 2021 $2,000 Phoslock Budget Proposed budget for first Phoslock treatment, will have to be based on conditions in the lake driven by sampling $90,000 Aquatic Weed Harvesting Budget Daily rate for aquatic weed harvester is $1,950.00. Mobilization is $2,500.00 $45,000 Second potential Phoslock Treatment for deep water zones August, if testing determines it is needed. Will complete Page 4 of 4 Contract Modification Rev. 10/2019 contract modification and budget adjustment. Shoreline emergent noxious weed treatment work August $2,500 Subtotal $135,250 Contingency $14,750 Total $155,000 KITSAP LAKE CLEANUP AQUATECHNEX 2021 CONTRACT MODIFICATION ALGAE CONTROL WITH PHOSLOCK, AND INVASIVE VEGETATION HERBICIDE TREATMENT, AND AQUATIC VEGETATION HARVESTING 2019 CONDITIONS •TOXIC ALGAE BLOOMS AND EXCESSIVE AQUATIC VEGETATION W/INVASIVE SPECIES 2020 PROJECT •PHOSLOCK APPLIED IN JUNE -60,060 LBS •PHOSLOCK APPLIED IN AUGUST –30,030 LBS •HERBICIDE APPLICATION FOR IRIS AND WHITE-WATER LILLY IN AUGUST •AQUATIC VEGETATION HARVESTING –12 DAYS IN LATE JULY THROUGH EARLY AUGUST 2020 HARVESTING The aquatic vegetation harvester collected more than 500 cubic yards of grass, milfoil, and other plant species from the lake in 12 days. Removing excess vegetation prevents the release of nutrients, including phosphorus, as the material decomposes over the winter. This helps reduce free phosphorus used to feed algae blooms. 2020 RESULTS •90% REDUCTION IN PHOSPHORUS •>3X WATER CLARITY IMPROVEMENT FROM 3.5’ TO 15’ •NO SIGNIFICANT ALGAL BLOOMS FOR SUMMER SEASON •IMPROVED WATER CONTACT SAFETY FOR HUMANS, WILDLIFE, AND PETS •REDUCED PROPELLOR FOULING FOR BOATERS •PROJECT COST: $226,000 2021 AQUATECHNEX CONTRACT MODIFICATION •TOTAL CONTRACT COST -$155,000 •SCOPE OF WORK COVERS: •BASELINE WATER QUALITY SAMPLING AND TESTING •PHOSLOCK APPLICATION IN LATE MAY-EARLY JUNE, WITH POSSIBLE AUGUST WORK IN DEEP WATER •AQUATIC HARVESTING –30 DAYS WITH GOAL TO COMPLETE THE ENTIRE LAKE •HERBICIDE APPLICATION –TOUCH UP AROUND THE LAKE FOR YELLOW FLAG IRIS •NPDES AQUATIC PERMIT RENEWAL THANK YOU! •QUESTIONS AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: April 28, 2021 Amendment No. 1 to the Interlocal Agreement with Kitsap Public Utility District for Sharing Fiber Optic and Information Technology Services and Infrastructure COUNCIL MEETING Date: May 5, 2021 Department: Public Works and Utilities Presenter: K. Ketterer Phone: (360) 473- 5334 SUMMARY: The City and KPUD entered into a previous Interlocal Agreement in 2014 that outlined the sharing of fiber optic infrastructure. This amendment builds on the original interlocal agreement to provide a more formal and strategic working relationship which will result in leveraging the resources of each agency to expand fiber optic infrastructure with more impact than either entity could by working alone. The key update is the addition of section 6(g) Communication, which outlines the relationship between the agencies. ATTACHMENTS: 1) Interlocal Agreement with KPUD; 2) Proposed Amendment No. 1 to Interlocal Agreement FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve Amendment No. 1 to the Interlocal Agreement for Sharing Fiber Optic and Information Technology Services and Infrastructure between Kitsap Public Utility District and the City of Bremerton; and authorize the Mayor to finalize and execute the amendment with substantially the same terms and conditions as contained in the proposed Interlocal Agreement Amendment. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 5E Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: 5374 PUBLIC UTILITY DISTRICT #1 OF KITSAP CO ILA - Sharing Fiber Optic and IT Services and Infrastructure Water Resources LEG 12-1 4/1/2014 3/31/2024 3/1/2024 Comments: Automatically renews two 5 year periods INTERLOCAL AGREEMENT BETWEEN PUBLIC UTILITY DISTRICT NO. 1 OF KITSAP COUNTY AND CITY OF BREMERTON FOR SHARING FIBER OPTIC AND INFORMATION TECHNOLOGY SERVICES AND INFRASTRUCTURE 1. Parties. THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into on the date referenced on the signature page by and between City of Bremerton ("COB") and Public Utility District No. 1 of Kitsap County ("PUD"). Both of these parties are municipal corporations organized under the laws of the State of Washington and make this Agreement pursuant to the Interlocal Governmental Cooperation Act, RCW 39.34. 2. Purpose of Agreement. This Agreement sets forth the terms and conditions for PUD and COB to construct and share fi6er optic and information technology services, equipment and infrastructure. PUD and COB have developed fiber optic and technology related systems, resources and facilities capable of being shared with the other for the mutual benefit of their citizens. It is the goal of both parties to develop appropriate arrangements to achieve certain economies and efficiencies available upon cooperation with each other to perform their respective responsibilities, and to make fiber optic and technology systems available to each other and to their citizens consistent with legal requirements applicable to municipally owned or operated facilities and infrastructure. Both parties have determined that sharing specified fiber optic and other systems and infrastructure will more effectively use the resources of both parties and provide economies of scale, which will result in savings to the parties and their citizens. 3. Joint Access to Telecommunications Facilities. The parties agree to provide access to telecommunications transmission facilities owned by each other such as underground conduit and overheard transmission facilities. A party desiring access to these facilities shall provide a written request to the other requesting access. The terms and conditions of the access shall be determined on a case-by-case basis. The party providing the access shall provide the terms and conditions for such access. 4. Sharin of Fiber Optic Cable and Conduit. The parties agree that on a case-by-case basis they will share and generally use fiber optic cable and conduit having excess capacity to enable the parties to avoid over-building, duplication of fiber optic infrastructure, and minimize costs when common trench lines can be used. These sharing arrangements shall be negotiated on a case-by-case basis. 5. Initial Agreements. This Agreement memorializes the following existing sharing arrangements agreed upon by the parties: a) Oyster Bay to Division Street Patch Panel. PUD has provided COB four dark fibers from its existing fiber cable from the Oyster Bay Public Works Facility in Bremerton to the Division Street Splice Case in Gorst. This dark fiber was provided in consideration for Bremerton providing dark fiber identified in the subsequent paragraph. Page 1 of 5 b) Division Street to McKenna Falls. Bremerton has provided four dark fibers to PUD from its 144 strand fiber optic cable in place between the Division Street Splice Case in Gorst and its present terminating location at McKenna Falls. c) Norm Dicks Government Center (NDGC) and Fire Station 1. In exchange for the PUD to be able to access the NDGC via COB conduit, PUD provided four strands of dark fiber between NDGC and COB Fire Station 1. 6. Potential Future Cooperative Proiects. For future cooperative fiber projects, the PUD and COB will determine and agree upon the following issues for the projects: Location of cooperative project Number of fibers allocated to each party Entity responsible for providing the conduit Entity responsible for installing the conduit Entity responsible for providing the fiber Entity responsible for installing the tiber Entity responsible for operation and maintenance Ownership COB's Director of Public Works & Utilities is authorized to establish, approve and administer future cooperative fiber projects under this Agreement on behalf of COB pursuant to applicable COB codes and policies. The following projects currently under consideration are examples of potential future cooperative fiber projects between PUD and COB: a) Fiber Cable Extension to Cellular Site. COB agrees to allow PUD to use COB conduit existing betveen Bremerton Pump Station 8 to Reservoir 23 to install fiber optic cable. PUD agrees to convey fiber cables to COB by bill of sale at no charge to COB. The conduit located between Pump Station 8 and Reservoir 23 currently contains six- strand multi-mode fibers which Bremerton agrees can be replaced and used by PUD for installation of the new fiber. PUD will require an easement for use of its conduit and for the continuation of this fiber optic cable installation from Reservoir 23 to the cellular site. PUD would be responsible for installation of the conduit and fiber from Reservoir 23 to the cellular site. b) Fiber Cable Extension McKenna Falls to Casad Dam. c) Fiber from Pump Station 8 to Oyster Ba perations Center. d) Bremerton Booster Station 10 at the Port of Bremerton. e) PS 2 at Anderson Creek. Page 2 of 5 7. Operation and Maintenance. Operation and maintenance responsibilities will be identified for each joint project. Each party agrees to maintain its own conduit and each party agrees to maintain its own equipment ancillary to the fiber sharing provided pursuant to this Agreement. 8. Real Proqertv. Any conveyance of real estate or interests in real estate will be conducted pursuant to existing policies of the PUD and COB. 9. Indemnification. Each party shall defend, indemnify and hold the other party, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE PARTIES WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In addition, PUD agrees to indemnify, defend, and hold COB harmless from any claims that the work to be performed pursuant to this contract is outside of the existing easements in favor of COB including but not limited to a water easement granted to COB by the Five C's partnership. Should it be determined that PUD requires additional easements for the activities to,be performed pursuant to this agreement, PUD agrees it shall obtain its own easements at PUD expense. COB agrees to promptly tender any such claims to PUD for resolution. Any costs incurred by the COB in such a challenge including defense costs shall be paid by PUD. 10. Sharing of Hand Holes. During construction and installation activities by PUD utilizing existing COB conduit or newly installed conduit, PUD agrees to provide hand holes constructed in accordance with specifications provided by COB. COB shall inspect and approve these hand holes upon their completion. Use of the hand holes will be shared equally by the parties to access their respective fiber optic cable contained within the conduit. 11. Term of Agreement. This Agreement shall become effective on April 1, 2014 and shall be effective for 10 years from the date of this Agreement ("Initial Term"). This Agreement shall automatically be renewed for 2 successive 5 year periods unless written notice of termination is given by either party at least 30 days prior to the termination of Initial Term or its renewals. Failure of either party to notify the other of such termination on or before that date shall cause this Agreement to automatically be renewed. After the Initial Term and during any renewal term, either party may terminate this Agreement upon 180 days prior written notice. Upon termination, both parties are granted the option of removing its improvements or selling them to the other. The dark fiber swaps and easement conveyances are not terminable. Page 3 of 5 12. Governin Law and Venue. If any dispute arises between the Parties under any of the provisions of this Agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of Kitsap County Superior Court, Kitsap County, Washington, unless otherwise agreed. 13. Insurance. Each party shall have in full force and affect, and continue to maintain in full force and affect, all insurance policies currently in place for property and liability coverage. 14. No Separate Entitv/Administration. The parties do not intend to create any new or sepazate legal or administrative entity by this Agreement. No separate fund shall be established. It is not contemplated that any property, real or personal, will be acquired by either jurisdiction separately or jointly as a result of this Agreement. 15. Non-Discrimination. The parties shall not discriminate in any manner related to this Agreement on the basis of race, color, national origin, sex, sexual orientation, religion, age, marital status or disability in employment of the provision of services. • 16. Severabilitv. If any provision of the Agreement shall be held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to serve the purposes and objectives of all parties. 17. Entire Agreement. This Agreement constitutes the entire agreement between parties. Any modifications or amendments to this Agreement shall be in writing and shall be signed by each party. 18. Compliance with RCW 39.34.040. Pursuant to RCW 39.34.040, this Agreement shall be filed with the Kitsap County Auditor or alternatively, listed by subject on the public web site of the parties hereto or on other electronically retrievable public source. DATED this Zday of 2014 CITY OF BREMERTON PUBLIC UTILITY DISTRICT NO. 1 OF KITSAP COUNTY crr resident, Board of Commissioners TEST: City Clerk J .J, . _I Li i. / Page 4 of 5 APPROVED AS TO FORM r A. Lubovic City of Bremerton Attorney R:\Lcgal\Legal\Contracts\Pl?BI.IC WORKS\2014 PUD II.A -Final.docx APPROVED AS TO FORM William H. Brou ton Kitsap PUD Attorney Page 5 of 5 Page 1 Interlocal Agreement Between Kitsap Public Utility District and the City of Bremerton for Public Fiber Optic System Expansion AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF BREMERTON AND KITSAP PUBLIC UTILITY DISTRICT NO. 1 AND CITY OF BREMERTON FOR SHARING FIBER OPTIC AND INFORMATION TECHNOLOGY SERVICES AND INFRASTRUCTURE ____________________ THIS AMENDMENT TO INTERLOCAL AGREEMENT is made and entered into pursuant to the Interlocal Cooperation Act, Chapter 39.34 of the Revised Code of Washington, on the ________ day of ________________________, 2021, by and between the Kitsap Public Utility District (KPUD) and the City of Bremerton (City) (the Parties). WHEREAS, Revised Code of Washington Section 39.34.030 authorizes cooperative efforts between public agencies, and WHEREAS, Kitsap Public Utility District owns and operates a fiber optic system throughout Kitsap County, and WHEREAS, both parties have entered into an interlocal agreement (ILA) on March 21, 2014 and wish to amend that ILA, NOW, THEREFORE, in consideration of their mutual covenants, conditions and promises, THE PARTIES AGREE to amend the existing ILA as follows: (6)(f) DOCUMENTATION OF COOPERATIVE PROJECTS: Cooperative projects will be documented as they are negotiated and placed on record as made pursuant to this ILA. For each project the document will identify: a. Location of the cooperative project b. Entity responsible for providing the infrastructure c. Entity responsible for installing the infrastructure d. Entity responsible for operations and maintenance e. Ownership of infrastructure f. Telecommunications services or infrastructure to be exchanged. The City’s Director of Public Works and Utilities and the PUD’s Telecom Director are authorized to establish, approve and administer future cooperative telecommunications projects under this agreement with the consent of each Legislative authority if required. Page 2 Interlocal Agreement Between Kitsap Public Utility District and the City of Bremerton for Public Fiber Optic System Expansion 6(g) COMMUNICATION: Appropriate KPUD/City staff will meet on a regular basis to enhance and maintain the relationship between the agencies and discuss opportunities and specific actions necessary to move individual projects forward. The City will take lead in scheduling these meetings and developing the agenda. From time to time, appropriate KPUD and City staff will attend Board/Council meetings to provide updates. Potential topics for improved communication include: a. City long range capital plans for transportation, utility, and facility projects. b. Upcoming development projects within the City. c. KPUD long range capital improvement plans for fiber infrastructure. d. Coordination in planning efforts such as comprehensive plans, sub area planning, and transportation planning. e. Review of City design standards and development code to find opportunities to improve and expand publicly-owned fiber optic systems within the City. f. Ongoing coordination to identify and engage on opportunities to partner on expansion of the fiber network. 11. Term of Agreement. This amended agreement shall take effect upon execution of the agreement by both KPUD and the City and shall remain in effect until December 31, 2030. This agreement shall automatically be renewed for two (2) successive five (5) year periods unless written notice of termination is given by either party at least 30 days prior to the termination of the initial term or its renewals. Failure by either party to notify the other of such termination on or before that date shall cause this amended agreement to automatically be renewed. Either party may terminate this agreement upon 180 days prior written notice. Upon termination, both parties are granted the option of removing its improvements or selling them to the other. The dark fiber swaps and easement conveyances are not terminable and survive the termination of this agreement. 13. INSURANCE: Each party shall have in full force and affect, and continue to maintain in full force and affect, all insurance policies in place for property and liability coverage. Each party shall name the other as an additional insured party. 19. ADMINISTRATION OF AGREEMENT: The Bremerton Public Works Department, through its Public Works Director, will administer this agreement for the City. Kitsap PUD, through its Telecom Director, will administer this agreement for KPUD. 20. PROJECT LEAD ENTITY AND PROJECT MANAGER: The Parties will assign an appropriate project lead entity and project manager for each individual project through mutual agreement. 21. APPROVAL PROCESS: For both individual projects and strategic plans, all key project policy decisions, design decisions, milestones, and budgets will be agreed upon by both KPUD and the City. Each party will ensure all appropriate administrative processes for their Page 3 Interlocal Agreement Between Kitsap Public Utility District and the City of Bremerton for Public Fiber Optic System Expansion respective jurisdiction are adhered to. 22. OWNERSHIP AND MAINTENANCE: Ownership and maintenance responsibilities for each expanded fiber optic segment will be determined through mutual agreement and formalized through an appropriate written instrument satisfactory to each Party. 23. KPUD EMPLOYEES: KPUD employees pursuant to this agreement remain employees of KPUD at all times and shall perform the work envisioned under sole supervision of KPUD. 24. CITY EMPLOYEES: City employees pursuant to this agreement remain employees of the City at all times and shall perform the work requested under sole supervision of the City. 25. REIMBURSEMENT: At the mutual agreement of the parties, either party may reimburse the other for specifically defined services which constitute a work program or project. 26. NOTICES: All notices and payments hereunder may be delivered, emailed or mailed. If mailed or emailed, they shall be sent to the following respective addresses: To KPUD: To Bremerton: General Manager City of Bremerton 1431 Finn Hill Road 345 6th Street, Suite 100 Poulsbo, WA 98370 Bremerton, WA 98337 Attn: City Clerk Phone: (360) 427-9670 Phone: (360) 473-5323 Email: Email: city.clerk@ci.bremerton.wa.us or to such other respective addresses as either Party may hereafter designate in writing. All notices and payments mailed by regular post (including first class) shall be deemed to have been given on the second business day following the date of mailing, if properly mailed and addressed. Notices and payments sent by certified or registered mail shall be deemed to have been given on the day next following the date of mailing, if properly mailed and addressed. For all types of mail, the postmark affixed by the United States Postal Service shall be conclusive evidence of the date of mailing. Page 4 Interlocal Agreement Between Kitsap Public Utility District and the City of Bremerton for Public Fiber Optic System Expansion DATED this , day of , 2021 CITY OF BREMERTON KITSAP PUBLIC UTILITY DISTRICT KITSAP COUNTY, WASHINGTON _________________________________ Greg Wheeler, Mayor Bob Hunter, Manager _________________________ _________________________________ Date Date ATTEST: ATTEST: _________________________ _________________________________ Angela Hoover, City Clerk Corine Vichi, Clerk of the Board Approved as to form: Approved as to form: _________________________________ _____________________________ Roger A. Lubovich, City Attorney William Broughton. PUD attorney AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Amendment to Clean Water State Revolving Fund Loan Agreement with the Washington State Department of Ecology for the Oyster Bay Beach Sewer Upgrades (OB-2 to OB-1) Project Study Session Date: April 28, 2021 COUNCIL MEETING Date: May 5, 2021 Department: Engineering Presenter: Bill Davis Phone: (360) 473-2323 SUMMARY: The City has submitted an amendment to the Department of Ecology to increase the Clean Water State Revolving Fund (CWSRF) loan amount for the project Oyster Bay Beach Sewer Upgrades. The project costs have increased to $7,700,000. These increased costs are a result of added scope and current market conditions. The overall project budget needs to be increased to $7,700,000 accordingly. Projects costs eligible for reimbursement by the Ecology loan are estimated at $7,000,419. The original executed loan agreement was $3.8 million with an additional $2.4 million commitment, included in the 2021 budget, from the Department of Ecology. The loan amendment will increase the original loan from $3,800,000 to $7,000,419. The requested actions before City Council are approval of the amendment to the CWSRF Loan and approval of an increase of the overall project budget to $7,700,000. ATTACHMENTS: 1. Fiscal Summary 2. Draft Amendment to the CWSRF Loan Agreement WQC- 2018-BremPW -00117 FISCAL IMPACTS (Include Budgeted Amount): This project is included in the wastewater and stormwater capital budgets but requires additional revenue in the form of this loan amendment and reallocated funds in the wastewater CIP to cover the increased project costs. The overall project cost has increased to $7,700,000. See the attached summary for the revenue details. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the amendment to the CWSRF Loan Agreement with the Washington State Department of Ecology for Oyster Bay Beach Sewer Upgrades and the overall project budget increase to $7.7 million, and authorize the Mayor to finalize and execute the amendment with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 5F Oyster Bay Beach Sewer Upgrades Fiscal Summary April 2021 FISCAL SUMMARY OYSTER BAY BEACH SEWER UPGRADES The project overall cost was originally estimated at $3.8M in 2016. This value was used in the application for a Department of Ecology Clean Water State Revolving Fund (CWSRF) loan. The loan for $3.8M was executed in June 2018. During design in September 2020, the City added scope to the project to install a new sewer force main in conjunction with the low pressure sewers. The City’s consultant (Parametrix) estimated a revised overall project cost of $6.2M. In subsequent discussions with Ecology in October 2020, Ecology agreed to increase the loan amount up to $6.2M; with an agreement that the final loan amount would be determined after the construction bids were opened. Bids were opened on April 14, 2021. The low bid from Active Construction Inc. was for $6,237,237. The overall project amount was revised and increased to $7.7M. Of this amount, $7,000,419 is eligible for reimbursement by the Ecology loan. Loan amendment #1 will increase the loan amount as shown in the following table. Task Original Loan, executed 6/30/18 Loan Amendment #1, to be executed in May 2021 Task 1 - Project Admin/Management $ 25,000 $ 50,000 Task 2 - Permitting and Design $ 400,000 $ 860,000 Task 3 - Construction Management $ 300,000 $ 480,000 Task 4 - Construction $ 3,075,000 $ 5,118,690 Task 5 - Change Order Allowance $ - $ 361,729 Task 6 - Cultural Resources (NEW TASK) $ - $ 130,000 $ 3,800,000 $ 7,000,419 The current overall project budget is $6.4M and will be increased by $1.3M to $7.7M. An additional $1.1M will be allocated from the wastewater fund and $200,000 will be allocated from the stormwater fund as shown in the following table. FUND SOURCE CURRENT AMOUNT ($) INCREASE ($) REVISED AMOUNT ($) WASTEWATER 6,400,000 1,100,000 7,500,000 STORMWATER 0 200,000 200,000 TOTAL PROJECT 6,400,000 1,300,000 7,700,000 The project will be completed in late 2022. For 2021, money will be reallocated from the following projects from the wastewater and stormwater funds:  Wastewater fund: o WW00053 – Optimization for Nutrient Removal – $200,000 o WW00042 – WWTP & Pump Station Improvement Program – $300,000  Stormwater fund: o SW00004 – CIPP Rehabilitation of Stormlines – $200,000 AMENDMENT NO. 1 TO AGREEMENT NO. WQC-2018-BremPW-00117 BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF BREMERTON PURPOSE: To amend the above-referenced agreement (AGREEMENT) between the state of Washington Department of Ecology (ECOLOGY) and City of Bremerton (RECIPIENT) for the Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1 (PROJECT). This amendment is needed to modify the scope of work and increase the loan to cover additional project costs as a result of market conditions, added scope of work, outsourcing construction management services, and additional cultural resource monitoring requirements. 1) The Scope of Work is changed: a. Task 4, Construction, is modified to include: An upland 3 inch low pressure sewer (LPS) main and an upland large diameter force main (12 inch diameter). b. Task 6, Cultural Resource Management/Monitoring, is added. 2) The total budget is increased in the amount of $3,200,419. Loan (EL180442) is increased from $3,800,000 to $7,000,419. a. Task 1, Project Administration/Management, is increased by $25,000, from $25,000 to $50,000. b. Task 2, Permitting and Design, is increased by $460,000, from $400,000 to $860,000. c. Task 3, Construction Management, is increased by $180,000, from $300,000 to $480,000. d. Task 4 budget by $1,500,960 to cover increased scope of work and $543,000 for cost overruns (10% of Engineers Estimate at the time of bid) resulting from higher than expected bids for a total increase of $2,043,690, from $3,075,000 to $5,118,690. e. Task 5, adds a Change Order Allowance (5% of low bid construction amount) in the amount of $361,729. f. Task 6, Cultural Resource Management/Monitoring, is added, increasing the budget by $130,000. 3) The Completion and Initiation of Operation Dates remain the same. 4) The Estimated Loan (EL180442) Repayment Schedule Number 2560, created on January 22, 2019, is replaced with Estimated Loan Repayment Schedule Number 0333, created on April 26, 2021. IT IS MUTUALLY AGREED that the AGREEMENT is amended as follows: Total Cost: Original: 3,800,000.00 Amended: 7,500,000.00 Template Version 10/30/2015 State of Washington Department of Ecology City of Bremerton Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1 Project Agreement No. WQC-2018-BremPW-00117 Page 2 of 13 Total Eligible Cost: Original: 3,800,000.00 Amended: 7,000,419.00 CHANGES TO THE BUDGET Funding Distribution EL180442 Title:FY18 SRF (State) Type:State Funding Source %:100% Description:The Clean Water Act (CWA) (33 U.S.C 1251-1387) established the State Revolving Fund (SRF) low interest loans program (40. C.F.R. Part 31, 35 Sub Part K). Washington State administers the program under Chapter 173-98 WAC. The portion of this project funded with this funding distribution comes from non-federal source and are not subject to Federal Funding Accountability and Transparency Act (FFATA) and Single Audit Act (SAA). However, this project is subject to the federal requirements outlined in Section 4 and 5 of agreement terms and conditions. Approved Indirect Costs Rate: Recipient Match %: InKind Interlocal Allowed: InKind Other Allowed: Is this Funding Distribution used to match a federal grant? Approved State Indirect: 30% 0% No No No Effective Interest Rate: 1.5% Interest Rate: 0.5% Admin Charge: 1% Terms:20 years Project Start Date: 06/30/2018 Project Completion Date: 12/31/2022 Estimated Initiation of Operation date: Loan Security: Final Accrued Interest: Final Loan Amount: Repayment Schedule Number: 06/30/2022 Revenue Secure Lien Obligation of the Recipient $ $ 333 Funding Title: Funding Expiration Date: Funding Type: Funding Source: Funding Effective Date: SRF Loan Loan 06/30/2018 12/31/2022 Template Version 10/30/2015 State of Washington Department of Ecology City of Bremerton Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1 Project Agreement No. WQC-2018-BremPW-00117 Page 3 of 13 SRF Loan Task Total Project Administration/Management $50,000.00 Permitting & Design $860,000.00 Construction Management $480,000.00 Construction $5,118,690.00 Change Order Allowance $361,729.00 Cultural Resource Management/Monitoring $130,000.00 Total: 7,000,419.00$ CHANGES TO SCOPE OF WORK Task Number:1 Task Cost: $50,000.00 Task Title:Project Administration/Management Task Description: A. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements . Responsibilities include, but are not limited to: maintenance of project records; submittal of requests for reimbursement and corresponding backup documentation; progress reports; and a recipient closeout report (including photos). B. The RECIPIENT shall maintain documentation demonstrating compliance with applicable procurement , contracting, and interlocal agreement requirements; application for, receipt of, and compliance with all required permits, licenses, easements, or property rights necessary for the project; and submittal of required performance items. C. The RECIPIENT shall manage the project. Efforts include, but are not limited to: conducting, coordinating, and scheduling project activities and assuring quality control. Every effort will be made to maintain effective communication with the RECIPIENT's designees; ECOLOGY; all affected local, state, or federal jurisdictions; and any interested individuals or groups. The RECIPIENT shall carry out this project in accordance with any completion dates outlined in this agreement . Task Goal Statement: Properly managed and fully documented project that meets ECOLOGY’s grant or loan administrative requirements . Task Expected Outcome: * Timely and complete submittal of requests for reimbursement , quarterly progress reports, and RECIPIENT closeout report. * Properly maintained project documentation Template Version 10/30/2015 State of Washington Department of Ecology City of Bremerton Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1 Project Agreement No. WQC-2018-BremPW-00117 Page 4 of 13 Recipient Task Coordinator: Linda Fulton Deliverables Due DateDescriptionNumber 1.1 Quarterly Progress Reports 1.2 Recipient Closeout Report 1.3 Project Outcome Summary Report Template Version 10/30/2015 State of Washington Department of Ecology City of Bremerton Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1 Project Agreement No. WQC-2018-BremPW-00117 Page 5 of 13 Template Version 10/30/2015 State of Washington Department of Ecology City of Bremerton Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1 Project Agreement No. WQC-2018-BremPW-00117 Page 6 of 13 CHANGES TO SCOPE OF WORK Task Number:2 Task Cost: $860,000.00 Task Title:Permitting & Design Task Description: A. The RECIPIENT shall obtain necessary permits required for the project . B. The RECIPIENT shall procure engineering services in accordance with state law . The RECIPIENT must include ECOLOGY’s specification insert in the contract documents for design . The RECIPIENT shall submit all contracts for engineering services before ECOLOGY shall provide reimbursement for work performed under this task . The engineering consultant firm shall complete the final design and permitting for the project under the management and oversight of the RECIPIENT. C. The RECIPIENT shall design the grinder pumps and conveyance pipelines . Plans and specifications developed by the RECIPIENT shall be consistent with the requirements of Chapter 173-240 WAC. D. The plans and specifications, construction contract documents, and addenda shall be approved by the RECIPIENT prior to submittal for ECOLOGY review. All construction plans submitted to ECOLOGY for review and approval shall be reduced to no larger than 11" x 17" in size. All reduced drawings shall be completely legible. The project manager may request plans be submitted in either PDF or AutoCAD electronic format, and specifications in a searchable PDF or Microsoft Word electronic file. A current construction cost estimate shall be submitted along with each plan /specification submittal. The project manager may request a spreadsheet of the costs in electronic file format. E. The RECIPIENT shall complete the facility design within 24 months after the execution of this AGREEMENT. The RECIPIENT has requested an additional 12 month extension to the standard 12 month design completion requirement for Step 4 design construct projects due to the size and difficulty of a project of this kind . Ecology will review progress after 12 months to ensure sufficient progress has been made . If it is determined that sufficient progress has not been made toward the completion of design, this agreement may be amended to include design only, de-obligating construction funding for use on other projects. F. Investment Grade Efficiency Audit. The RECIPIENT shall procure a third party analysis of potential energy and water efficiency measures for incorporation into the design of any wastewater facilities . The analysis shall identify potential efficiency measures, provide cost estimates, and evaluate their cost effectiveness . If the RECIPIENT has obtained either a preliminary or investment grade energy audit of the utility in the last 5 years, documentation of that audit can be submitted instead. G. The RECIPIENT's construction management staff shall provide a constructability review and quality assurance check of the project drawing and specification package, and general requirements of the construction bid documents at the 60 percent and 90 percent stages. Task Goal Statement: See Overall Goal. Template Version 10/30/2015 State of Washington Department of Ecology City of Bremerton Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1 Project Agreement No. WQC-2018-BremPW-00117 Page 7 of 13 Task Expected Outcome: See Overall Goal. Recipient Task Coordinator: Bill Davis Deliverables Due DateDescriptionNumber 2.1 Documentation of local, state and federal permitting. 2.2 Executed contracts for engineering services and affidavit of publication. 2.3 Documentation of the RECIPIENT’s process for procuring engineering services, and affidavit of publications. 2.4 Documentation of opinions of probable construction costs for the pumps and conveyance system improvements. 2.5 Final bid documents for the RECIPIENT's use in soliciting bids from Contractors to construct the improvements. 2.6 Documentation of quality assurance and quality control reviews throughout the design phase. 2.7 Two copies of the final design with detailed cost estimate and specifications. 2.8 Investment Grade Efficiency Audit documentation. Template Version 10/30/2015 State of Washington Department of Ecology City of Bremerton Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1 Project Agreement No. WQC-2018-BremPW-00117 Page 8 of 13 Template Version 10/30/2015 State of Washington Department of Ecology City of Bremerton Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1 Project Agreement No. WQC-2018-BremPW-00117 Page 9 of 13 CHANGES TO SCOPE OF WORK Task Number:3 Task Cost: $480,000.00 Task Title:Construction Management Task Description: A. The RECIPIENT will provide adequate and competent construction management and inspection for the Project . This may involve procuring the professional services. If professional services are procured, the RECIPIENT will procure them in accordance with state law. The RECIPIENT will include ECOLOGY’s specification insert in the contract documents . The RECIPIENT must submit all contracts for construction management services before ECOLOGY will provide reimbursement for work performed under this task. B. The RECIPIENT will develop a detailed Construction Quality Assurance Plan (WAC 173-240-075) and submit it to ECOLOGY for approval. This plan must describe the activities which the RECIPIENT will undertake to achieve adequate and competent oversight of all construction work. C. Upon completion of this construction, the RECIPIENT shall submit the Declaration of Construction Completion form to ECOLOGY in accordance with WAC 173-240-090 and a set of "as-built" plans of the construction contract i.e., record construction drawings which reflect changes, modifications, or other revisions made to the project during construction. The form, when signed by a professional engineer, indicates that the project was completed in accordance with the plans and specifications and major change orders approved by ECOLOGY, and is accurately shown on the as-built plans. D. The RECIPIENT will provide a plan of interim operation for the facility while under construction . E. The RECIPIENT will ensure construction progresses according to a timely schedule developed to meet completion dates indicated in the construction contract. The RECIPIENT will revise or update the schedule whenever major changes occur and resubmit to ECOLOGY. In the absence of any major changes, the RECIPIENT will describe progress of the construction in the quarterly progress reports. F. As a condition of receiving this funding, the RECIPIENT will prepare an asset management program (fiscal sustainability plan). The RECIPIENT will certify that a plan that contains at least the minimum required elements listed above has been developed and is being implemented. The plan must include the following elements: 1. An inventory of critical assets that belong to the utility. 2. An evaluation of the condition and performance of the critical assets. 3. A plan to maintain, repair, and replace the critical assets and to fund those activities. 4. A process to evaluate and implement water and energy conservation efforts as part of the plan . Task Goal Statement: See Overall Goal. Task Expected Outcome: See Overall Goal. Template Version 10/30/2015 State of Washington Department of Ecology City of Bremerton Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1 Project Agreement No. WQC-2018-BremPW-00117 Page 10 of 13 Recipient Task Coordinator: William Davis Deliverables Due DateDescriptionNumber 3.1 Executed contract for construction management services. 3.2 Documentation of the RECIPIENT’s process for procuring engineering services. 3.3 Construction Quality Assurance Plan. 3.4 Plan of interim operation of the facility while under construction. 3.5 Declaration of Construction completion (paper copy) and one electronic copy of the Record Drawings. Submit the electronic copy in searchable PDF format at minimum resolution of 300 dpi. Template Version 10/30/2015 State of Washington Department of Ecology City of Bremerton Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1 Project Agreement No. WQC-2018-BremPW-00117 Page 11 of 13 CHANGES TO SCOPE OF WORK Task Number:4 Task Cost: $5,118,690.00 Task Title:Construction Task Description: A. The RECIPIENT shall include ECOLOGY’s specification insert in the bid documents . The RECIPIENT shall execute a contract with the lowest responsive responsible bidder to construct the PROJECT. The RECIPIENT shall submit Bid Tabs, the Notice of Award, and a copy of the executed contract before ECOLOGY shall provide reimbursement for work performed under this task. B. The RECIPIENT shall complete construction of the grinder pumps, pipelines, an upland 3 inch low pressure sewer (LPS) main and an upland large diameter force main (12 inch diameter) in accordance with the plans and specifications approved by ECOLOGY. C. The RECIPIENT shall conduct a pre-construction conference and invite ECOLOGY staff . Task Goal Statement: See Overall Goal. Task Expected Outcome: See Overall Goal. Recipient Task Coordinator: William Davis Deliverables Due DateDescriptionNumber 4.1 Copy of the advertisement for bids with affidavit of publication , bid tabs in Excel format, notice of award, notice to proceed, and a copy of the executed construction contract. 4.2 Minutes of the pre-construction meeting. 4.3 Certification that the Financial Sustainability Plan has been developed and is being implemented. Template Version 10/30/2015 State of Washington Department of Ecology City of Bremerton Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1 Project Agreement No. WQC-2018-BremPW-00117 Page 12 of 13 CHANGES TO SCOPE OF WORK Task Number:5 Task Cost: $361,729.00 Task Title:Change Order Allowance Task Description: A. The RECIPIENT shall negotiate all change orders to the construction contract necessary for successful completion of the project. B. The RECIPIENT shall submit the change orders to ECOLOGY for approval . Change orders that are a significant deviation from the approved plans/specifications must be submitted for approval, prior to execution. All other change orders must be submitted within 30 days after execution. Task Goal Statement: See Overall Goal. Task Expected Outcome: See Overall Goal. Recipient Task Coordinator: William Davis Deliverables Due DateDescriptionNumber 5.1 Change Order Justifications if needed. 5.2 Executed change orders with backup documentation and professional engineer seal and signature. Template Version 10/30/2015 State of Washington Department of Ecology City of Bremerton Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1 Project Agreement No. WQC-2018-BremPW-00117 Page 13 of 13 CHANGES TO SCOPE OF WORK Task Number:6 Task Cost: $130,000.00 Task Title:Cultural Resource Management/Monitoring Task Description: A. The RECIPIENT will negotiate all change orders to the construction contract necessary for successful completion of the project. B. The RECIPIENT will submit the change orders to ECOLOGY for approval. Change orders that are a significant deviation from the approved plans/specifications will be submitted for approval, prior to execution. All other change orders will be submitted within 30 days after execution. Task Goal Statement: See Overall Goals. Task Expected Outcome: See Overall Goals. Deliverables Due DateDescriptionNumber 6.1 A copy of all change orders Funding Distribution Summary Recipient / Ecology Share Funding Distribution Name Recipient Match %Recipient Share Ecology Share Total SRF Loan 0 %$$$0.00 7,000,419.00 7,000,419.00 Total 0.00 7,000,419.00 $$$7,000,419.00 Template Version 10/30/2015 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: April 28, 2021 Contract with Active Construction, Inc. for Oyster Bay Beach Sewer Upgrades COUNCIL MEETING Date: May 5, 2021 Department: PW&U - Engineering Presenter: Bill Davis Phone: (360) 473-2312 SUMMARY: This project will construct an upland sewer system and eliminate beach sewer connections for 43 properties along Kitsap Way, Shorewood Drive, and Madrona Point Drive that currently discharge to a beach sewer located along the west shore of Oyster Bay. The new upland sewer system will consist of gravity and low pressure sewers and grinder pumps to serve the various properties. Additional improvements include installing a 12-inch sewer force main, a stormwater system, and surface restoration that will widen the shoulder on Shorewood Drive to accommodate future sidewalks. Five (5) bids were received. Bids were opened on April 14, 2021. Active Construction, Inc. was the lowest responsible, responsive bidder in the amount of $6,237,237 (which includes sales tax). ATTACHMENTS: 1. Agreement 2. Location Map 3. Bid Tabulation FISCAL IMPACTS (Include Budgeted Amount): The overall project cost (including design, construction management, construction, and other project costs) is estimated at $7.7 million and is funded by a Department of Ecology loan, and reallocated funds within the stormwater fund and the wastewater fund. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to award the construction contract for Oyster Bay Beach Sewer Upgrades to Active Construction, Inc. in the amount of $6,237,237 and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 5G City of Bremerton March 2021 Oyster Bay Beach Sewer Upgrades CF-1 CONTRACT (Page 1 of 3) THIS AGREEMENT is dated the day of __________________________________ in the year 2021 by and between City of Bremerton (hereinafter called CITY) and (hereinafter called CONTRACTOR). CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK. CONTRACTOR shall complete the WORK as specified or indicated in the CITY's Contract Documents entitled Oyster Bay Beach Sewer Upgrades. ARTICLE 2. CONTRACT TIMES. The WORK shall obtain Substantial Completion for specific project milestones in accordance with the dates set forth in the following schedule Time is of the essence as to each and every deadline set forth in this agreement. This provision has been specifically negotiated. Milestone Substantial or Contractual Completion Date Liquidated Damages Completion of final paving along Kitsap Way September 3, 2021 $1,500 Phase 1 Substantial Completion December 15, 2021 $1,500 Phase 2 Substantial Completion September 30, 2022 $1,500 ARTICLE 3. LIQUIDATED DAMAGES. CITY and the CONTRACTOR recognize that time is of the essence for this Agreement and that the CITY will suffer financial loss if the WORK is not completed within the time specified in Article 2 herein, plus any extensions thereof allowed in accordance with Section 1-08.8 of the Standard Specifications which may be modified by the Special Provisions. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the CITY if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the CONTRACTOR shall pay the CITY liquidated damages as shown in the table in Article 2. Liquidated damages will begin to accrue on the calendar day immediately following the Substantial or Contractual Completion Date. ARTICLE 4. CONTRACT PRICE. CITY shall pay CONTRACTOR for completion of the WORK in accordance with the Contract Documents in the amount set forth in the Bid Proposal, which shall include sales tax as provided in Section 1-07.2(2) of the Special Provisions. _____________________ Contractor Initials ACTIVE CONSTRUCTION, INC. City of Bremerton March 2021 Oyster Bay Beach Sewer Upgrades CF-2 CONTRACT (Page 2 of 3) ARTICLE 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Section 1-09.9 of the Standard Specifications which may be modified by the Special Provisions. Applications for Payment will be processed by ENGINEER as provided in the Special Provisions ARTICLE 6. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between CITY and CONTRACTOR concerning the WORK consist of this Contract and the following which are either attached or incorporated herein by reference: - Notice Inviting Bids, - Bidders Checklist, - Bid Proposal including the Proposal Forms, Information Required of Bidder, Bid Bond, and all required certificates and affidavits, - Performance Bond, - Payment Bond, - Standard Specifications, - Appendices, - Special Provisions, - CSI Technical Specifications, - Contract Plans, - Addenda numbers _____ to _____, inclusive. - Change Orders which may be delivered or issued after Effective Date of the Agreement and are not attached hereto. There are no Contract Documents other than those listed in this Article 6. The Contract Documents may only be amended by Change Order as provided in Section 1-04.4 of the Standard Specifications which may be modified by the Special Provisions. ARTICLE 7. INDEMNIFICATION. The CONTRACTOR and CITY acknowledge and agree that they have negotiated the following in accordance with the requirements of RCW 4.24.115 and the CONTRACTOR specifically waives his immunity under industrial insurance under Title 51 RCW. To the fullest extent permitted by Laws and Regulations, the CONTRACTOR shall indemnify, defend, and hold harmless the CITY, ENGINEER, their consultants, sub consultants, and the officers, directors, employees, and agents of each and any of them, against and from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, all claims and liability arising under, by reason of, related, or incidental to the Contract Documents or any performance of the WORK, but not from the sole negligence or willful misconduct of the CITY and/or the ENGINEER as further defined in the Contract Documents. The provisions of this section shall survive the termination of the contract. _____________________ Contractor Initial 1 2 City of Bremerton March 2021 Oyster Bay Beach Sewer Upgrades CF-3 CONTRACT (Page 3 of 3) ARTICLE 8. ASSIGNMENT No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The CITY, in its sole discretion, may refuse to allow the CONTRACTOR to assign any or all of its duties, rights and/or responsibilities under the Agreement, except with regards to an assignment of funds for security purposes. In the case of an assignment for security purposes the CITY may condition its approval to the extent it deems necessary to assure that there will be adequate funds to complete the WORK and to pay a subcontractors and suppliers. CITY and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. Third-Party Beneficiary: All parties agree that the State of Washington shall be, and is hereby, named as an express third-party beneficiary of this contract, with full rights as such. IN WITNESS WHEREOF, CITY and CONTRACTOR have caused this Agreement to be executed the day and year first above written. CITY : City of Bremerton CONTRACTOR (Signature) (Signature) By Greg Wheeler, Mayor By (Printed name) (Printed name) [CORPORATE SEAL] Attest Attest Address for giving notices Address for giving notices License No. Approved as to Form: Agent for service of process: (Signature) City Attorney (Title) Active Construction, Inc. OYSTER BAY BEACH SEWER UPGRADES PROJECT LOCATION MAP