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HomeMy WebLinkAbout06/23/2021 STUDY SESSION AGENDA PACKET______________________________________________________________ CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 Phone (360) 473-5280 * * * 2nd A M E N D E D * * * WEDNESDAY, JUNE 23, 2021 CITY COUNCIL STUDY SESSION AGENDA 5:00 PM – Via Zoom Webinar To help reduce the spread of COVID-19, the City Council is conducting a Study Session via Zoom Webinar. The Study Session is open to the public to listen in, but there will be no opportunities for input; no action is anticipated; and the content of these items is subject to change. If approved by the Council, these items will be placed on the July 7, 2021 City Council Virtual Meeting Agenda… Members of the public are invited to join the Zoom webinar by clicking on the following link: https://us02web.zoom.us/j/87339514135?pwd=N1hZWHNvWitGTUZBdEFIUXFBZHVyZz09 Or iPhone one-tap: US: +12532158782,,87339514135#,,,,*209823# or +16699006833,,87339514135#,,,,*209823# Or Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 253 215 8782 or +1 669 900 6833 or +1 346 248 7799 or +1 929 205 6099 Webinar ID: 873 3951 4135 Passcode: 209823 Public questions or comments may be submitted ahead of time to City.Council@ci.bremerton.wa.us A.BRIEFINGS ON AGENDA ITEMS 1.Confirm Appointment of Harrington Griffin of the Fairfield Inn to the Lodging Tax Advisory Committee 2.Agreement with Pape & Sons Construction, Inc. for Marine Drive Water Main Replacement 3.Proposed Public Hearing and Resolution adopting the 2022 – 2027 Six Year Transportation Improvement Program 4.Contract Modification Agreement No. 3 with Parametrix, Inc. for Oyster Bay Beach Sewer Upgrades 5.Agreement with Cultural Resource Consultants, LLC for Oyster Bay Beach Sewer Upgrades 6.Ordinance amending Chapter 10.42 of the Bremerton Municipal Code to include Section 10.42.070 entitled “Funds Allocated” 7.Update on Sodium Hypochlorite and Caustic Soda Supply Chain Disruption (Information only) 8.Confirm Appointment of Kylie Finnell as the City Attorney at Band 23 Rate 6 of the salary schedule; and authorize the Mayor to finalize and enter into the attached Letter of Engagement with substantially the same terms and conditions as presented Item added… B.ACTION ON AGENDA BILL ITEM 1.Approve promotion of Chris Mottner as the Internal Services Manager at Band 16, Rate 8 of the 2021 Management, Professional, Confidential and Fiduciary Salary Plan Item added… Continued on next page… C. GENERAL COUNCIL BUSINESS o Transitioning back to in-person Public Meetings and option for Hybrid Meetings o Race Equity Advisory Committee Monthly Briefing – Chair Leslie Daugs o Public Works Committee Monthly Briefing – Chair Eric Younger o Finance, Investment, & Parking Committee Monthly Briefing – Chair Michael Goodnow o Other General Council Business D. ADJOURNMENT OF STUDY SESSION AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Confirm Appointment of Harrington Griffin of the Fairfield Inn to the Lodging Tax Advisory Committee Study Session Date: June 23, 2021 COUNCIL MEETING Date: July 7, 2021 Department: Executive Presenter: Mayor Wheeler Phone: (360) 473-5266 SUMMARY: RCW 67.28 and BMC Chapter 2.38 outline membership requirements for the Lodging Tax Advisory Committee as follows: two (2) members from organizations that support activities which are authorized to be funded by hotel-motel tax revenue; two (2) members from businesses that collect the hotel-motel tax; and an elected official (Council Member). There is a vacancy on the Lodging Tax Advisory Committee due to the departure of recently appointed Ashley Walchok, General Manager for the Fairfield Inn & Suites. The Mayor is seeking confirmation for the appointment of Harrington Griffin, new General Manager for the Fairfield Inn & Suites to the Lodging Tax Advisory Committee. The appointment of Mr. Griffin relates to a committee position for businesses that collect the hotel- motel tax within Bremerton; and is for the remainder of the unexpired term expiring on May 14, 2022. ATTACHMENTS: Applications are available in the Mayor’s Office FISCAL IMPACTS (Include Budgeted Amount): None. STUDY SESSION AGENDA: ☒ No Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to confirm the appointment of Harrington Griffin to the Lodging Tax Advisory Committee for the remainder of the term expiring May 14, 2022. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/07/15 A1 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: June 23, 2021 Agreement with Pape & Sons Construction, Inc. for Marine Drive Water Main Replacement COUNCIL MEETING Date: July 7, 2021 Department: PW&U - Engineering Presenter: Robert Endsley Phone: (360) 473-2348 SUMMARY: This project will replace approximately 5,800 linear feet of water main along Marine Drive from 2155 Marine Drive to the northern limits, and at the intersection of Rocky Point Road and Marine Drive. The existing water main is cast iron installed in the 1940s and is undersized for meeting fire flow requirements. Fire hydrants, blow-offs, services, and other water system appurtenances will also be replaced with the project. Additionally, the existing roadway will be overlaid with asphalt. Three (3) bids were received. Bids were opened on June 10, 2021. Pape & Sons Construction, Inc. was the lowest responsible, responsive bidder in the amount of $2,018,002.35 (which includes sales tax). ATTACHMENTS: 1. Agreement 2. Location Map 3. Bid Tabulation 4. Fiscal Summary FISCAL IMPACTS (Include Budgeted Amount): The overall project cost (including design, construction management, construction and other project costs) is estimated at $2.45 million and is funded within the 2021 Water Capital budget. See the attached Fiscal Summary. 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 Marine Drive Water Main Replacement to Pape & Sons Construction, Inc in the amount of $2,018,002.35 (including sales tax) and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A2 CITY OF BREMERTON JUNE 2021 MARINE DRIVE WATER MAIN REPLACEMENT A - 1 AGREEMENT 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 MARINE DRIVE WATER MAIN 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. 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 in the amount of $2000 per day after the date of Substantial Completion. All project HMA paving shall be completed by October 15, 2021 or Contractor shall pay liquidated damages in the amount of $1500 per calendar day to the City after this 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 of the Special Provisions. 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. Contractor Initials Pape & Sons Construction, Inc. CITY OF BREMERTON MAY 2021 MARINE DRIVE WATER MAIN REPLACEMENT A - 2 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, •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 1 CITY OF BREMERTON MAY 2021 MARINE DRIVE WATER MAIN REPLACEMENT A - 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 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. 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 By (Printed name) (Printed name) [CORPORATE SEAL] Attest Attest Address for giving notices Address for giving notices License No. Approved as to Form: (Signature) Agent for service of process: City Attorney (Title) Pape & Sons Construction, Inc. Greg Wheeler, Mayor Marine Drive Water Main Replacement Fiscal Summary June 2021 FISCAL SUMMARY MARINE DRIVE WATER MAIN REPLACEMENT The project Marine Drive Water Main Replacement is budgeted in the Water Capital Improvement Plan through item WT00007 Marine Drive Watermain for $2,052,542. Three bids were opened on June 10, 2021. Pape & Sons was the lowest responsible, responsive bidder in the amount of $2,018,002.35. The overall project cost estimate is increased to $2,450,000 as shown below, which includes the addition of construction management services. COST ITEM AMOUNT Contractor (Pape & Sons) $2,018,000 Consultant (KPG), Design $203,500 Construction Management (KPG) $92,400 Projected City costs** $84,200 Other (materials testing, easements, etc…) $31,500 TOTAL PROJECTED COSTS (rounded up) $2,450,000 ** City costs include design, project management, construction management support, inspection, operations support In order to fund the project, the budget will need to be increased by $400,000. The additional money will be allocated from the following Water CIP budget items. Project ID and Title Amount W00039.1 – Exterior Coating $200,000 W00032 – Anderson Creek Dam Removal $200,000 TOTAL $400,000 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Proposed Public Hearing and Resolution adopting the 2022 – 2027 Six Year Transportation Improvement Program Study Session Date: June 23, 2021 COUNCIL MEETING Date: July 7, 2021 Department: PW&U Presenter: Shane Weber Phone: (360) 473-2354 SUMMARY: The Six Year Transportation Improvement Program (TIP) is prepared pursuant to RCW 35.77.010. The TIP is updated annually and filed with the Puget Sound Regional Council (PSRC) and Washington State Department of Transportation (WSDOT). It is intended as a planning tool for the local, State and Federal transportation funding entities. The TIP has been prepared for City Council approval by Resolution prior to submittal to PSRC and WSDOT. This TIP is consistent with Bremerton’s Comprehensive and Non-Motorized Transportation Plans. ATTACHMENTS: 1) 2022 – 2027 Six Year City TIP Projects; 2) Resolution No. _____; 3) List of Project Changes from Previous Year’s TIP Updated FISCAL IMPACTS (Include Budgeted Amount): Annual adoption of a Six Year TIP is required by State law and is necessary to receive certain State and Federal Transportation funds. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☒ Public Hearing RECOMMENDED MOTION: Move to approve Resolution No. _____, which approves the City’s 2022 – 2027 Six Year Transportation Improvement Program and allow the Mayor to forward the Resolution and Plan to the Puget Sound Regional Council and Washington Department of Transportation. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A3 Updated 2022 2023 2024 2025 2026Six‐Year Period TotalPROPOSED TRANSPORTATION IMPROVEMENT PROGRAM2022‐20272027Tier 1City Safety Improvement 160,000 160,000 160,000160,000 160,000TR00066960,000160,000Signal System Upgrades 100,000 100,000 100,000100,000 100,000TR00068600,000100,000PSE Power Pole Relocation 5,000 5,000 5,0005,000 5,000TR0007530,0005,000Trash Cans and Benches 15,000 15,000 15,00015,000 15,000TR0007690,00015,000Traffic Signal Retiming Annual Plan 20,000 20,000 20,00020,000 20,000TR00098120,00020,000City Street Lighting 35,000 35,000 35,00035,000 35,000TR00105210,00035,000Streets Preservation and Maintenance Program 750,000 750,000 750,000750,000 750,000TR001394,500,000750,000Signage and Pavement Marking Maintenance 170,000 170,000 170,000170,000 170,000TR001421,020,000170,000Sidewalk Program 775,000 775,000 775,000775,000 775,000TR001434,650,000775,000Bridge Inspection and Repair Program ‐ 10,000 10,000‐‐TR0014430,00010,000Systemic Pedestrian Treatments Bundle ‐ Rectangular Rapid Flashing Beacons 80,000 704,500 ‐‐‐TR00149784,500‐E11th Street and Perry Avenue Reconstruction 5,061,530 ‐ ‐‐‐TR000015,061,530‐6th Street Phase III 162,500 162,500 ‐1,885,000 ‐TR000052,210,000‐Washington Avenue Roundabout 4,790,000 ‐ ‐‐‐TR000064,790,000‐HSIP III‐Kitsap Way Bike Lane/Warren Signal 100,000 ‐ ‐‐‐TR00011100,000‐Upper Shore Drive Shared Use Path 100,000 100,000 ‐‐‐TR00023200,000‐15th and Corbett Intersection Improvements 100,000 ‐ ‐‐‐TR00035100,000‐ Traffic Model Development/Corridor Capacity and Signal OpƟmizaƟon Study10,000 ‐ ‐‐‐TR0003810,000‐Washington Avenue Sidewalk Construction ‐ Towers Dev Agmt 155,000‐ ‐‐‐TR00057155,000‐Bremerton School Zone Safety Improvements (SRTS) 200,000 ‐ ‐‐‐TR00062200,000‐Wayfinding Signage 150,000 150,000 ‐‐‐TR00064300,000‐West Kitsap Way Reconstruction/Rechannelization Planning Study 566,000 ‐ ‐‐‐TR00096A566,000‐Transportation Planning (JCTP, Non‐Motorized, Comp Plan) 417,758100,000 ‐‐‐TR00146517,758‐Belfair Valley Road Subgrade Repair & Overlay 150,000 150,000 ‐100,000 ‐TR00151400,000‐Downtown Lighting 120,000 120,000 ‐120,000 ‐TR00152360,000‐$14,192,788 $3,527,000 $2,040,000$4,135,000 $2,030,000 $27,964,788Tier 1Subtotal $2,040,000Tier 2Quincy Square on 4th Street 3,930,000 ‐ ‐‐‐TR000023,930,000‐Naval Avenue Road Diet 100,000 500,000 10,000,0001,000,000 ‐TR0001011,600,000‐Oyster Bay Avenue Improvements ‐ ‐ 972,577‐6,551,884TR000207,524,461‐SR 303 Warren Ave Bridge Pedestrian Improvements 748,939 600,000 ‐25,000,000 ‐TR0002926,348,939‐Ricky Road ‐ Street Light Construction ‐ ‐ ‐200,000 ‐TR00060200,000‐Werner Road ‐ Signal Improvements and Widening ‐ ‐ 350,000‐ 350,000TR000657,700,0007,000,000Cross‐SKIA Connector and Lake Flora Road ‐ New intersection 185,000 ‐ ‐‐‐TR00130185,000‐Sinclair / Union Intersection Improvements ‐ ‐ ‐‐‐TR00148250,000250,000$4,963,939 $1,100,000 $11,322,577$26,200,000 $6,901,884 $57,738,400Tier 2Subtotal $7,250,0006/16/2021Page 1 of 3 2022 2023 2024 2025 2026Six‐Year Period TotalPROPOSED TRANSPORTATION IMPROVEMENT PROGRAM2022‐20272027Tier 3Green Standard Pedestrian Improvements ‐ ‐ ‐‐‐TR00113‐‐Green Standard Bicycle Improvements ‐ ‐ ‐‐‐TR00114‐‐Yellow Standard Pedestrian Improvements ‐ ‐ ‐‐‐TR00115‐‐Yellow Standard Bicycle Improvements ‐ ‐ ‐‐‐TR00116‐‐Area B Collector Road ‐ ‐ ‐‐‐TR00117‐‐Area C Collector Road ‐ ‐ ‐‐‐TR00118‐‐Area D Collector Road ‐ ‐ ‐‐‐TR00119‐‐Area F Collector Road ‐ ‐ ‐‐‐TR00120‐‐Area G Collector Road ‐ ‐ ‐‐‐TR00121‐‐Local Access Projects ‐ 5.64 miles of local access road ‐ ‐ ‐‐‐TR00122‐‐11th Street Reconstruction ‐ ‐ ‐‐‐TR00007‐‐Sheridan Reconstruction ‐ ‐ ‐‐‐TR00015‐‐Sylvan Reconstruction ‐ ‐ ‐‐‐TR00016‐‐Pine Road Construction ‐ ‐ ‐‐‐TR00017‐‐Improve Shorewood Drive through the NAD Park to Jackson Park ‐ ‐ ‐‐‐TR00022‐‐National Avenue Reconstruction ‐ ‐ ‐‐‐TR00026‐‐North/South Corridor Bike/Ped Backbone Improvements ‐ ‐ ‐‐‐TR00027‐‐E. Bremerton Shared Use Path ‐ ‐ ‐‐‐TR00028‐‐Marine Drive NMT Improvements ‐ ‐ ‐‐‐TR00030‐‐Auto Center Way Multimodal Conversion ‐ ‐ ‐‐‐TR00031‐‐Tracyton Beach Drive Improvements ‐ ‐ ‐‐‐TR00032‐‐Intelligent Transportation Systems (ITS) Program ‐ ‐ ‐‐‐TR00033‐‐Arsenal Way/Patton Ave Safety Improvements ‐ ‐ ‐‐‐TR00034‐‐SR 303 Corridor Improvements (Plan Implementation) ‐ ‐ ‐‐‐TR00036‐‐Crownhill Elementary (SRTS) Phase II ‐ ‐ ‐‐‐TR00039‐‐Mountain View Middle School (SRTS) ‐ ‐ ‐‐‐TR00040‐‐Armin Jahr Elementary (SRTS) ‐ ‐ ‐‐‐TR00041‐‐View Ridge Elementary (SRTS) ‐ ‐ ‐‐‐TR00043‐‐Naval Avenue Elementary (SRTS) ‐ ‐ ‐‐‐TR00044‐‐State Street Pedestrian Corridor Improvement ‐ ‐ ‐‐‐TR00046‐‐Gorst Sinclair Trail (Planning) ‐ ‐ ‐‐‐TR00047‐‐Dockside Access Way (Planning) ‐ ‐ ‐‐‐TR00048‐‐Riddell Road Sidewalk Improvement ‐ ‐ ‐‐‐TR00053‐‐Anderson Cove Sidewalks ‐ ‐ ‐‐‐TR00055‐‐Matan & Lillian & James Sidewalk Connector ‐ ‐ ‐‐‐TR00056‐‐Pine Road ‐ Street Light Construction ‐ ‐ ‐‐‐TR00061‐‐6/16/2021Page 2 of 3 2022 2023 2024 2025 2026Six‐Year Period TotalPROPOSED TRANSPORTATION IMPROVEMENT PROGRAM2022‐20272027Burwell Street Adaptive Signals ‐ ‐ ‐‐‐TR00071‐‐PSNS Main Entrance  ‐ ‐ ‐‐‐TR00074‐‐Bridge to Bridge Trail Wayfinding ‐ ‐ ‐‐‐TR00085‐‐Downtown Circulation Study ‐ ‐ ‐‐‐TR00088‐‐Manette Traffic Circulation Study ‐ ‐ ‐‐‐TR00089‐‐Belfair Valley Road Shoulder Widening for Multimodal ‐ ‐ ‐‐‐TR00095‐‐West Kitsap Way Reconstruction/Rechannelization Implementation ‐‐‐‐‐TR00096B‐‐West Belfair Valley Road Reconstruction ‐ ‐ ‐‐‐TR00097‐‐STEM Academy (National/Arsenal) SRTS ‐ ‐ ‐‐‐TR00100‐‐4th Street Landscaping Replacement/Sidewalk Repair ‐ ‐ ‐‐‐TR00102‐‐Hospital District Street Improvements; Callahan, Cherry, Wheaton‐‐‐‐‐TR00106‐‐Sidewalk Improvement (Wheaton Way at Callahan) ‐ ‐ ‐‐‐TR00108‐‐Repair Downtown Street Standard Banner Supports ‐ ‐ ‐‐‐TR00109‐‐Kitsap Lake Vicinity Ped/Bike Improvements ‐ ‐ ‐‐‐TR00110‐‐Marine Drive LOS Improvements at Kitsap Way ‐ ‐ ‐‐‐TR00111‐‐SR 3/Imperial Way ‐ signalize intersection, modify approaches ‐ ‐‐‐‐TR00123‐‐SR 3/Sunnyslope Road ‐ signalize intersection, modify approaches‐‐‐‐‐TR00124‐‐SR 3/SR 16/Sam Christopherson Ave ‐ grade separation ‐ ‐ ‐‐‐TR00125‐‐Old Clifton Road/SR 16 Eastbound Ramps ‐ Signalize intersection‐‐ ‐‐‐TR00126‐‐Old Clifton Road/SR 16 Westbound Ramps ‐ Signalize intersection‐‐ ‐‐‐TR00127‐‐Analysis Area C and SR 3 ‐ New intersection ‐ ‐ ‐‐‐TR00128‐‐Analysis Area C/D and Lake Flora Road ‐ New intersection ‐ ‐ ‐‐‐TR00129‐‐Cross‐SKIA Connector/ Analysis Area B/ SR 3 ‐ New intersection ‐‐‐‐‐TR00131‐‐SR 3 Widening ‐ Widening from Imperial Way to Gorst ‐ ‐ ‐‐‐TR00132‐‐Lake Flora Widening‐‐ ‐‐‐TR00133‐‐Belfair Bypass ‐ 2‐lane divided highway ‐ ‐ ‐‐‐TR00134‐‐Trails‐12 miles of trails ‐ ‐ ‐‐‐TR00135‐‐Lower Wheaton Way Reconstruction (Lebo to Sheridan) ‐ ‐ ‐‐‐TR00136‐‐11th Street / Callow Avenue Intersection Improvements ‐ ‐ ‐‐‐TR00150‐‐‐‐ ‐‐‐‐Tier 3Subtotal ‐Grand Total $19,156,727 $4,627,000 $13,362,577$30,335,000 $8,931,884 $85,703,188$9,290,0006/16/2021Page 3 of 3 Page 1 of 1 Resolution Six Year Transportation Improvement Program Rev. 10/2019 RESOLUTION NO. ________ A RESOLUTION of the City Council of the City of Bremerton, Washington, adopting the 2022 – 2027 Six Year Transportation Improvement Program. WHEREAS, after proper notice, the City Council of the City of Bremerton held a public hearing at the regular meeting of the City Council at 5:30 p.m. on July 7, 2021 to consider public testimony on the City’s proposed 2022 - 2027 Six Year Transportation Improvement Program and, having considered public testimony to the Program and in accordance with the provisions of RCW 35.77.010; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The 2022 through 2027 Six Year Transportation Improvement Program, set forth in Exhibit “A” attached hereto and herewith filed with the City Clerk, is hereby adopted. SECTION 2. Severability. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 3. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this _____ day of __________________, 20____. KEVIN GORMAN, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney ANGELA HOOVER, City Clerk R:\Legal\Legal\Forms\FORMS ON COBWEB\Resolution Rev. 10 2019.doc City of Bremerton 2022-2027 Transportation Improvement Program Overview This section provides an overview of the changes from the previous 6-year project list (2021-2026) to this year’s 6 year project list (2022-2027). This overview is organized by: projects removed, projects added, and other changes. Projects were generally not removed; however, the list was reduced due to consolidation listed below. Project Tiers Each project or program was assigned one of three tiers. The tiers are defined as follows:  Tier 1 – Fully funded projects and Programs  Tier 2 – Partially funded projects  Tier 3 – unfunded projects AND prospective grant funded projects (i.e. projects submitted for grant funding) The only change from last year is moving the prospective grant projects from Tier 2 to Tier 3. This is to simplify the purpose of the Tier 2 projects which is to communicate they are partially funded. Once a grant project receives funds, it will be moved back to Tier 2 or Tier 1 depending on funding status. Projects Removed/Added/Other Changes 1. Removed completed or planned to be completed projects; 2. Added newly funded or partially funded projects; 3. Added projects with prospective grant funding; Projects Removed: TIP ID Comments 6th Street Preservation Phase 1 TR0003 Project planned completion in 2021. 6th Street Preservation Phase 2 TR0004 Project planned completion 2021. Kitsap Lake Elementary (SRTS) TR00012 Project planned completion in 2021. Austin Drive Bike/Ped Street Markings TR00083 Project planned completion 2021. Non-Motorized Transportation Plan Update TR00092 Combined project with TR00146 Transportation Comprehensive Plan Development. This effort will be completed with the update to the Comprehensive Plan. SR-303 Olympic College Frontage TR00013 Duplicated project with recommendations from the SR303 Corridor Study Consolidated project with TR00036 SR 303 Corridor Improvements (Plan Implementation). Warren Avenue Pedestrian Overpass/Underpass TR00014 Duplicate project with recommendations from the SR303 Corridor Study. Consolidated project with TR00036 SR 303 Corridor Improvements (Plan Implementation) Warren Avenue Intersection LOS Improvements TR00112 Duplicate project with recommendations from the SR303 Corridor Study. Consolidated project with TR00036 SR 303 Corridor Improvements (Plan Implementation) Warren Avenue – extended left turn pocket TR00103 Duplicate project with recommendations from the SR303 Corridor Study. Consolidated project with TR00036 SR 303 Corridor Improvements (Plan Implementation) Projects Added: TIP ID Comments West Kitsap Way Reconstruction/Rechannelization Planning Study TR00096A New grant funded project added to Tier 1. This is the planning study only; the design, right of way and construction component of the project remains in Tier 3 as TIP ID TR00096B Downtown Lighting TR00152 Project increases light levels within the downtown core area by replacing light fixtures on existing Spring City light poles. Other Changes: TIP ID Comments Systemic Pedestrian Treatments Bundle – Rectangular Rapid Flashing Beacon TR00149 Moved project from Tier 2 to Tier 1. Project is fully funded; grant accepted by City Council on March 3rd, 2021. 15th and Corbett Intersection Improvements TR00035 Moved from Tier 3 to Tier 1. Based on safety evaluation, proposed safety improvements needed for the intersection. Burwell Street Adaptive Signals TR00071 Moved project from Tier 2 to Tier 3. We did not receive the grant funding for the project. 11th Street / Callow Avenue Intersection Improvements TR00150 Moved project from Tier 2 to Tier 3. We did not receive grant funding for the project. View Ridge Elementary (SRTS) TR00043 Moved project from Tier 2 to Tier 3. We did not receive grant funding for the project. Shore Drive Shared Use Path (Planning) TR00023 Moved project from Tier 3 to Tier 1. Project is funded in lieu of installing guardrails. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Contract Modification Agreement No. 3 with Parametrix, Inc. for Oyster Bay Beach Sewer Upgrades Study Session Date: June 23, 2021 COUNCIL MEETING Date: July 7, 2021 Department: Engineering Presenter: Bill Davis Phone: (360) 473-2312 SUMMARY: Contract Modification Agreement No. 3 amends the Professional Services Agreement with Parametrix to provide engineering services for Oyster Bay Beach Sewer Upgrades. The original contract amount was $437,006. There have been two previous contract modifications that increased the contract amount to $672,706.96. The proposed current contract modification increases the contract amount by $49,711.71 to $722,418.67 and covers additional scope for completion of several tasks including survey, stormwater drainage and roadway design, force main design, bidding assistance, and electrical support. ATTACHMENTS: 1. Contract Modification Agreement No. 3 with Exhibits A and B FISCAL IMPACTS (Include Budgeted Amount): The work is partially funded by a Department of Ecology CWSRF loan and is included in the 2021 Wastewater budget. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve Contract Modification Agreement No. 3 with Parametrix, Inc. for the Oyster Bay Beach Sewer Upgrades Project in the amount of $49,711.71; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A4 Page 1 of 2 Contract Modification No. 3 Oyster Bay Beach Sewer Upgrades CONTRACT MODIFICATION AGREEMENT NO. 3 BETWEEN THE CITY OF BREMERTON AND PARAMETRIX, INC. PROJECT: Oyster Bay Beach Sewer Upgrades CONSULTANT: Parametrix, Inc. DATE: June 7, 2021 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE Oyster Bay Beach Sewer Upgrades AGREEMENT (the "Contract") entered into between the City of Bremerton and Parametrix, Inc. on August 13, 2019). 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: See Amendment 3 Scope of Work attached as Exhibit A. Section II. Term , is modified as follows: The term of the contract is not changed. Section III. Compensation , is modified as follows: The original contract amount was $437,006. Contract Modification No. 1 increased the contract amount by $164,490.96, resulting in an amended contract amount of $601,496.96. Contract Modification No. 2 increased the contract amount by $71,210, resulting in a revised contract amount of $672,706.96. This Contract Modification No. 3 increases the contract amount by $49,711.71, resulting in a revised contract amount of $722,418.67. Exhibit B shows the increased fees for the respective tasks. 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 profits. This Contract Modification does not limit the City’s right to bring a claim for past performance. The undersigned consultant approves the foregoing Contract Modification as to the changes, if any, in the contract price specified for each item, including any and all supervision costs Page 2 of 2 Contract Modification No. 3 Oyster Bay Beach Sewer Upgrades and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work due to said Contract Modification. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Contract Modification shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a contract modification that is binding on the parties of this contract. In addition, Consultant warrants that it has or will inform the surety of this change, and shall take appropriate action to modify any bonds required under the contract to address this change. IN WITNESS WHEREOF, the parties have executed this Contract Modification on the day and year first written above. City Engineer / Public Works Director approved to process _________________________ (Initials and Date) PARAMETRIX, INC, THE CITY OF BREMERTON By: By: Print Name: Jenifer Young Print Name: Greg Wheeler Its Environmental Planning & Compliance Its: Mayor Division Manager Date: Date: APPROVED AS TO FORM: ATTEST: By: By: ROGER A. LUBOVICH, Bremerton City Attorney ANGELA HOOVER, City Clerk NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Parametrix, Inc Attn: Angela Hoover Attn: Cedar Simmons City of Bremerton 60 Washington Ave, Suite 390 345 6th Street, Suite 100 Bremerton, WA 98337 Bremerton, WA 98337-1891 City of Bremerton 233-1896-162 Oyster Bay Beach Sewer Upgrades 1 June 2021 Amendment 1 EXHIBIT A - SCOPE OF WORK City of Bremerton Oyster Bay Beach Sewer Upgrades Contract Modification No. 3 PROJECT BACKGROUND This project includes the design and installation of grinder pump stations for properties along the west side of Oyster Bay that are currently connected to the beach sewer. The work also includes design of an upland sewer system consisting of low-pressure sewer and a force mains to eliminate sewage backups into Oyster Bay from failed backflow prevention devices and broken laterals. The overall goal of the project is to reduce the fecal coliform bacteria pollution and other pollution associated with sewage in Oyster Bay by moving the wastewater collection system out of marine waters and into an upland system. This project is funded by an SRF loan from the Department of Ecology that expires on December 31, 2022. The remainder of this document describes the amendments to six tasks, each described below. SUMMARY OF COSTS FOR CM #3 Contract Modification #3 is required due to additional costs that accrued late in the design period as the project was approaching bidding. The following table explains the additional costs required to complete the work. TASK DESCRIPTION OF CHANGE Task 2 – Survey Completion of property line and ROW verification Task 4 – Detailed Design Late additions to the design that affected multiple plan sheets and the specifications Task 7 – Bidding Assistance Late revisions and requests by loan agency for changes to the contract documents. Task 12 – Electrical Support Additional design work for Bayshore Condominium and finalizing electrical details Task 13 – Forcemain Design and Support Additional design work for detail revisions Task 14 – Roadway and Storm Drainage Design This task was added late in the design and required coordination with multiple disciplines and modifications to existing plans to complete EXHIBIT B - FEE BREAKDOWN 6/8/2021 Task Task Name Original Contract (OC) Budget after execution of CM #2 (includes OC + CM #1 and CM #2 and escalation) CM #3 Task Amount Changes Revised Budget for CM #3 1 Alternatives Analysis $21,938.86 $26,925.97 $26,925.97 2 Survey $29,127.10 $64,324.86 $1,549.15 $65,874.01 3 Preliminary Design $76,256.28 $89,590.37 $89,590.37 4 Detailed Design $108,409.74 $117,559.41 $16,811.77 $134,371.18 5 Outreach $5,668.56 $3,103.27 $3,103.27 6 Environmental Analysis and Permitting $34,384.86 $40,455.40 ($942.32)$39,513.08 7 Bidding Assistance $5,704.74 $5,704.74 $8,595.54 $14,300.28 8 Services During Construction $37,768.82 $37,768.82 ($2,595.39)$35,173.43 9 Project Management $39,479.86 $43,079.56 $43,079.56 10 Management Reserve $40,000.00 11 Geotechnical Support $27,990.90 $22,990.90 $22,990.90 12 Electrical Support $25,813.05 $5,843.56 $31,656.61 13 Forcemain Design and Support $159,473.82 $5,628.33 $165,102.15 14 Roadway and Storm Drainage Design $33,410.00 $14,821.07 $48,231.07 -Escalation $8,805.58 -Expenses $1,471.00 $2,506.79 $2,506.79 TOTAL $437,006.00 $672,706.96 $49,711.71 $722,418.67 OYSTER BAY BEACH SEWER UPGRADES COST BREAKDOWN FOR CONTRACT MODIFICATION #3 WITH PARAMETRIX AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Professional Services Study Session Date: June 23, 2021 Agreement with Cultural Resource Consultants, LLC for Oyster Bay Beach Sewer Upgrades COUNCIL MEETING Date: July 7, 2021 Department: Engineering Presenter: Bill Davis Phone: (360) 473-2312 SUMMARY: Archaeological monitoring is required by the funding agency, as determined during the environmental and cultural review process for the project Oyster Bay Beach Sewer Upgrades. The City reviewed the Statement of Qualifications from three (3) firms on the Municipal Research and Services Center (MRSC) consultant roster to provide archaeological monitoring services for the project. Cultural Resources Consultants was selected, and a fee was negotiated for $59,875. Cultural Resource Consultants has previously assisted the City on other projects, including preparation of Inadvertent Discovery Plans and archaeological monitoring. ATTACHMENTS: 1. Professional Services Agreement with Exhibits A and B FISCAL IMPACTS (Include Budgeted Amount): This project is included in the 2021 Wastewater Capital Budget and is partially funded by a Department of Ecology Clean Water State Revolving Fund loan. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Professional Services Agreement with Cultural Resource Consultants, LLC to provide archaeological monitoring services for Oyster Bay Beach Sewer Upgrades in the amount of $59,875, and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A5 Bremerton/Cultural Resources Consultants June 2021 Oyster Bay Beach Sewer Upgrades/5827 Page 1 of 7 PROFESSIONAL SERVICES AGREEMENT with Cultural Resource Consultants, LLC for Archeological Monitoring for project Oyster Bay Beach Sewer Upgrades Project No. 5827 The City of Bremerton (“City”) and Cultural Resource Consultants (“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 June 3, 2021, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.H of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II.Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed by September 30, 2022; 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 an amount not to exceed $59,875 as shown in Exhibit B. Consultant shall only bill for actual services performed. 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. 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. 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, Bremerton/Cultural Resources Consultants June 2021 Oyster Bay Beach Sewer Upgrades/5827 Page 2 of 7 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 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 Bremerton/Cultural Resources Consultants June 2021 Oyster Bay Beach Sewer Upgrades/5827 Page 3 of 7 connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-contractors. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1.Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2.Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and 3.Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim; and 4.Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an “occurrence” basis except professional liability insurance (if required), which may be provided on a “claims-made” basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. 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. Bremerton/Cultural Resources Consultants June 2021 Oyster Bay Beach Sewer Upgrades/5827 Page 4 of 7 The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. In the event that the Consultant employs other consultants or contractors (sub-consultants or sub-contractors) as part of the work covered by this Agreement, it shall be the Consultant’s responsibility to require and confirm that each sub-consultant or sub-contractor meets the minimum insurance requirements specified above. The Consultant shall, upon demand of the City, deliver to the City copies of such policy or policies of insurance and the receipts for payment of premiums thereon. VII.General Conditions: A.Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (“GAAP”) to substantiate all billed amounts. B.Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Seattle, 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 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. Bremerton/Cultural Resources Consultants June 2021 Oyster Bay Beach Sewer Upgrades/5827 Page 5 of 7 D.Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. E.Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Seattle, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. F.Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. G.Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H.Modification: This Agreement may only be modified by written instrument signed by both Parties. I.Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. Notices to be sent to: Notices to be sent to: CITY: CONSULTANT: Attn: Bill Davis Attn: Margaret Berger City of Bremerton Cultural Resource Consultants, LLC 345 6th Street, Suite 100 1416 NW 46th St, Ste 105 PMB346 Bremerton, WA 98337-1891 Seattle, WA 98107 J.Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. K.Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. L.Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. Bremerton/Cultural Resources Consultants June 2021 Oyster Bay Beach Sewer Upgrades/5827 Page 6 of 7 M.Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. N.Attorneys’ Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney’s fees. O.Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII.Equal Employment Opportunity Statement: In the hiring of employees for the performance of work under this Agreement, the Consultant, its subcontractors, or any person acting on behalf of Consultant shall not discriminate in any employment practice on the basis of age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status, military status, or the presence of any physical, mental or sensory disability. IX.ADA Statement: The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment and admission to participation in the programs, services and activities of the City of Bremerton. Reasonable accommodation for employees or applicants for employment will be provided. X. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party’s sending notice to the non-performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. 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 Bremerton/Cultural Resources Consultants June 2021 Oyster Bay Beach Sewer Upgrades/5827 Page 7 of 7 of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B.Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. XI. Suspension & Debarment. For contracts involving Federal funding, Consultant hereby certifies, by signing this agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Consultant shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Consultant enter into a covered transaction with another firm, Consultant agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. IN WITNESS WHEREOF, the parties below have executed this Agreement. CITY: CONSULTANT: City of Bremerton Cultural Resource Consultants, LLC By: By: Print Name: Greg Wheeler Print Name: Margaret Berger Its: Mayor Its: Principal Date: Date: APPROVED AS TO FORM: ATTEST: By: By: Roger A. Lubovich, Bremerton City Attorney Angela Hoover, City Clerk Cultural Resource Consultants P.O. Box 4159 Seattle, WA 98194 206 855-9020 ~ www.crcwa.com Project Scope and Fee Agreement Client Information Company Project Manager / Contact Name Phone City of Bremerton Bill Davis 360-473-2312 Mailing Address City, State, Zip Email 345 6th Street, Suite 100 Bremerton, WA 98337 William.davis@ci.bremerton.wa.us Project Information Project Title Regulatory Nexus CRC Project Number Oyster Bay Beach Sewer Monitoring Section 106 2105J Project Location Project City Bremerton, WA Section Township Range County Total Project Area 16 24 North 01 East Kitsap ~5 acres Project Description Project Schedule Anticipated Completion Date: June 2021 - September 2022 1434 Madrona Point Drive to 4412 Kitsap Way The City of Bremerton plans to construct a sewer project in the Oyster Bay area of Bremerton. The project includes installing an upland sewer system consisting of grinder pumps and force mains. There are an estimated 37 connections to the existing sewer main that will be disconnected. The project is funded by an Ecology CWSRF Loan (WQC-2018- BremPW-00117). Consultation between Ecology and DAHP has determined that archaeological monitoring will be needed during project ground disturbance. CRC will require a minimum of 2-weeks notice prior to beginning of monitoring. CRC will monitor during construction excavation and, as requested, with 72 hours notice. If project schedules change, CRC requests 48 hours notice for scheduling modifications. EXHIBIT A (2 pages) June 3, 2021 Cultural Resource Consultants P.O. Box 4159 Seattle, WA 98194 206 855-9020 ~ www.crcwa.com Project Assumptions Project Deliverables for Archaeological Monitoring Task 1 - Archaeological Monitoring Plan CRC will prepare an Archaeological Monitoring and Inadvertent Discovery Plan to be approved by Ecology. Task 2 - Construction Crew Orientation Task 3 - Field Monitoring Task 4 - Archaeological Monitoring Technical Memorandum * If human remains are found within the project area, all CRC field investigations will cease immediately, proper authorities will be notified and CRC will not resume field investigations until applicable state laws are addressed. * Budget assumes no previously unidentified archaeological sites will be identified during monitoring. If a new site or sites are found, an adjustment to the project scope and budget would be necessary to accommodate site recordation, evaluation, and compliance with state/federal guidelines and regulations. * This scope and budget is based upon the assumption that CRCs current levels of insurance liabilities are sufficient for this project (sample certificate of insurance attached). * Budget assumes fifty (50) days for archaeological monitoring, and a management reserve of an additional ten (10) days. Use of the management reserve must be authorized in writing. * Prior to monitoring, final construction plans must be provided to CRC. CRC will provide the following project components as part of these monitoring efforts. CRC will provide archaeological monitoring, with 2-weeks notice of preliminary schedule and 72-hours notice of actual schedule, during construction excavation for identification of archaeological resources. CRC will prepare a technical memorandum describing field monitoring results of investigations. CRC will update the site records for the previously recorded isolated artifacts as needed, consistent with DAHP standards and completed on DAHP’s WISAARD system. * No cultural resources study can wholly eliminate uncertainty regarding the potential for prehistoric sites, historic properties or traditional cultural properties to be associated with a project. The information we will present within our reports is based on our years of experience and professional opinions derived from the analysis and interpretation of the documents, records, literature, and information we are able to identify and use within our report, and during our field investigation and observations to be conducted in the process of preparing our technical report. The conclusions and recommendations we present will apply to the project conditions existing at the time of our study and those reasonably foreseeable. CRC will provide on-site archaeological monitoring orientation for construction crew at the beginning of project ground disturbance. CRC will function as contract and project manager. The following table identifies the CRC staff expected to perform on this project. Principal Projects Field Field Historic Office TOTAL Investigator Manager PA I PA II PA II PAIII Architect Manager LABOR 135.53$ 109.98$ 107.55$ 93.52$ 70.14$ 64.30$ 98.20$ 95.86$ DOLLARS MB SK MB SK IK EA Task 1: write MIDP 4 4 430.20$ Task 2: precon/monitoring orientation 3 3 322.65$ Task 3A: Kitsap Way monitoring 40 160 200 15,524.40$ Task 3B: Shorewood Dr monitoring 20 80 100 7,762.20$ Task 3C: Grinder Pump monitoring 40 60 100 8,510.40$ Task 3D: Beach Monitoring 40 60 100 8,510.40$ Task 4: site form(s) & report 24 36 60 5,106.24$ Management Reserve 40 60 100 8,510.40$ Project Management 5 4 4 13 1,501.01$ SUBTOTAL TASK HOURS 5 4 211 0 456 0 0 4 680 SUBTOTAL TASK DOLLARS 677.65$ 439.92$ 22,693.05$ -$ 31,983.84$ -$ -$ 383.44$ 676 56,177.90$ EXPENSES Supplies 1.10$ Lodging # of rooms 105.00$ Room Rate # of nights = Per Diem # of crew 55.00$ Per Diem Rate # of days =-$ Mileage 110 miles RT @ 0.56 per mile x 60 # of days =3,696.00$ SUBTOTAL EXPENSES 3,697.10$ CRC reserves the right to substitute staff as needed to accomplish the work as specified in this Scope of Services within the maximum budget.59,875.00$ Date: Project Budget:59,875.00$ CULTURAL RESOURCES ASSESSMENT BUDGET TOTAL HOURS Photocopies, postage, expendable field supplies, graphic supplies Management Reserve only to be used upon written authorization of the City EXHIBIT B - Fees and Rates 2021 INTERNAL BUDGET Project Name: Oyster Bay Beach Se wer Monitoring CRC Proje ct #: 2105J AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance amending Study Session Date: June 23, 2021 Chapter 10.42 of the Bremerton Municipal Code to include Section 10.42.070 entitled “Funds Allocated” COUNCIL MEETING Date: July 7, 2021 Department: Council Presenter: Eric Younger Phone: (360) 473-5280 SUMMARY: The City Council desires to amend provisions of Chapter 10.42 of the Bremerton Municipal Code relating to the allocation of funding to the Transportation Projects Fund. ATTACHMENTS: 1) Ordinance No. _______ 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 Ordinance No.________ amending Chapter 10.42 of the Bremerton Municipal Code to include Section 10.42.070 entitled “Funds Allocated.” COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A6 Page 1 of 2 Automated Traffic Safety Cameras ORDINANCE NO. ________ AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 10.42 of the Bremerton Municipal Code to include Section 10.42.070 entitled “Funds Allocated.” WHEREAS, the City Council desires to amend provisions of Chapter 10.42 of the Bremerton Municipal Code relating to the allocation of funding to the Transportation Projects Fund; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 10.42.070 of the Bremerton Municipal Code entitled "Funds Allocated" is hereby added to read as follows: 10.42.070 FUNDS ALLOCATED. All fees collected in excess of all costs incurred by the City for operation of the automated traffic safety cameras pursuant to this chapter shall be dedicated to the Transportation Capital Projects Fund, unless otherwise allocated by the City Council. 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 Page 2 of 2 Automated Traffic Safety Cameras 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\Finance\2021.06.14 BMC 10.42.070 - Funds Allocated - Final.docx Form Created 5/4/15 INFORMATION ONLY ITEM CITY OF BREMERTON CITY COUNCIL SUBJECT: Update on Sodium Hypochlorite and Caustic Soda Supply Disruption Study Session Date: June 23, 2021 Presenter: Tom Knuckey Phone: 360.473.2376 SUMMARY: On June 16th, the city was notified by our chemical supplier (Hasa, Inc.) that a major piece of equipment failed at the facility that produces Sodium Hypochlorite and Caustic Soda which are used to disinfect water and wastewater, and also used for odor control. Staff will update Council regarding this evolving incident and the City’s responses. HANDOUTS: 1) Force Majeure Notification from Westlake Chemical 2) Force Majeure Notification from Hasa, Inc. 3) Advisory from Mayor Wheeler 4) Power Point Added STUDY SESSION AGENDA: ☐ No Presentation ☒ Full Presentation A7 Updated 2801 Post Oak Blvd., Suite 600 ◼ Houston, Texas 77056 Tel 713.960.9111 June 9, 2021 RE: Force Majeure Notice for Chlorine, Hydrochloric Acid, and Caustic Soda Dear Customer, Effective immediately, Westlake Vinyls, Inc. (“Westlake”) and Axiall, LLC (“Axiall”) are declaring a force majeure condition for chlorine, hydrochloric acid, and caustic soda manufactured and shipped from its Longview, Washington manufacturing facility. Westlake’s/Axiall’s chlor-alkali production have been directly and adversely impacted due to the sudden and unanticipated failure of a critical piece of electrical equipment. This equipment failure has disrupted the manufacturing process thereby resulting in limited availability of chlorine, hydrochloric acid, and caustic soda to our customers. At this time, we cannot predict the duration of this force majeure event. The effect of this force majeure situation will cause supply disruptions and limit our ability to meet anticipated product demand. While this force majeure event declaration is required at this time, Westlake/Axiall is continuing to work to lessen the impact on our customers. Westlake/Axiall sales professionals will be in contact with you to discuss the impact of this force majeure. We sincerely regret any inconvenience this causes your company and our need to inform you of this situation. We greatly appreciate your company’s patience, understanding and support in working with us through this difficult time. We are committed to keeping you informed as our current situation develops and to restoring our supply position as quickly as possible. If you have any questions regarding this force majeure event condition, please c ontact your Westlake/Axiall sales professional. As always, Westlake/Axiall values your business. Sincerely, Noel Irizarry VP, Chlor-Alkali and Derivatives Cc: David Kokowsky Casey Madere Shell Zhang Paul Kowalski File CA: Saugus, Pomona, San Diego, Pittsburg NV: Las Vegas AZ: Eloy WA: Longview TX: Bryan June 15, 2021 Re: Hasa Longview, WA – force majeure Dear Valued Customer, Please see the attached letter from Westlake Chemical declaring a force majeure for the products produced from their Longview, WA plant. As a direct result of this substantial supply disruption beyond our control, Hasa, Inc. has no choice but to declare a force majeure on the delivery of sodium hypochlorite, and hydrochloric acid manufactured and shipped from its Longview, Washington facility. We are working diligently on supply options to help minimize the impact on our customers however, we cannot predict how long this force majeure event will last nor how it limits Hasa Longview’s ability to meet the planned product demand. We will keep you informed as additional information becomes available. A member of Hasa’s sales team will be in contact with you to discuss the situation. If you have any questions, please do not hesitate to call your Hasa sales professional. Thank you for your business and understanding during this challenging time. Sincerely, Robert Bzdil Executive Vice President Hasa, Inc. Sodium Hypochlorite & Caustic Soda Supply Disruption City Council Study Session June 23, 2021 June 16th Force Majeure notifications received due to a “sudden and unanticipated failure of a critical piece of electrical equipment” Westlake Chemical•Major West Coast Chemical Manufacturer located in Longview, WA•Large power transformer used in the manufacture of Caustic Soda and Chlorine failed Hasa, Inc.•The City’s supplier of Sodium Hypochlorite used for Water and Wastewater Treatment, and Odor Control•Manufactures Sodium Hypochlorite using Caustic Soda and Chlorine sourced from Westlake Current Status:•The supply impact has affected the West Coast•Westlake will attempt restart of the plant within 5-days; unclear when reliable production will resume•Hasa secured alternative sources of chlorine and caustic soda and restarted hypochlorite production on 6/22. They are running at reduced rates until restart of the Westlake plant •Overall supply disruption will be on-going for 30-days+/-; Hasa is prioritizing supply to public water and wastewater treatment •Hasa has committed to continuing our supply at normal levels through the first week of July; communication is on-going •The EPA, Homeland Security, the Governor’s Office, and the State Departments of Health and Ecology have been working to help restore reliable supply•The situation continues to evolve and will be better understood in the days to come •Sufficient supply on-hand for three months •Sufficient supply on-hand for 6-months, no on-going supply concerns weekly deliveries required for on-going operations From: To: Subject: Date: City Council City Council Kitsap Sun Article - Significant stench billows into Bremerton following sewer chemical storage Friday, June 18, 2021 7:17:00 AM 'Significant' stench billows into Bremerton following sewer chemical shortage Josh Farley, Kitsap Sun Published 3:13 p.m. PT June 17, 2021 BREMERTON — An emergency shortage of a disinfecting chemical at Bremerton's wastewater treatment plant has led officials to suspend the plant's odor control systems, sending a stench into surrounding neighborhoods. City officials say they have no choice, given that a dwindling supply of sodium hypochlorite must be used to protect Bremerton's drinking water first and foremost, and also to treat wastewater before it is discharged into Puget Sound. “I know this announcement will be upsetting for the residents near the treatment plant, and I ask for their patience as we work to protect public health and water quality," said Mayor Greg Wheeler. City officials were notified that Houston-based Westlake Chemical had suffered a "sudden and unanticipated failure of a critical piece of electrical equipment," the letter said. "The effect of this force majeure situation will cause supply disruptions and limit our ability to meet anticipated product demand." The city uses sodium hypochlorite, a key disinfectant and bleaching agent, to treat water, wastewater and to control odors at the Westside Wastewater Treatment Plant, located off Highway 3 just southwest of the Loxie Eagans Boulevard interchange. Residents in neighboring Navy Yard City and the West Hills area have been affected by the smell. Bremerton Public Works Director Tom Knuckey called it "significant." "You can smell it from the freeway," he said. Knuckey said officials hope to have the odor control systems for the treatment plant back online Friday but that there may be future disruptions as city officials work to reestablish what is currently a broken supply chain. Suspending odor control extends the city's supply of sodium hypochlorite for sewer treatment to 30 days, up from its regular seven. The city's water supply has a three- month supply of the chemical. "This operational change prioritizes wastewater disinfection over odor control to preserve public health and maintain compliance with state regulations," the city said in a news release. "At this time, we are closely monitoring inventory and do not anticipate impacts to water operations." The odor is not harmful, city officials added. "By taking these steps to suspend odor control, we believe we will help preserve the stock we have on hand until the supply chain can be restarted," Wheeler said. "We are in communication with the state's Departments of Health and Ecology and are working to find alternative sources as quickly as we can." Residents can call Wastewater Treatment Plant Manager Eric Burris at 360-473-5448 for questions about the city's wastewater systems. Those with questions about the city's water supply can call Water Utility Manager Cami Apfelbeck at 360-473-2315. From:City Council To:City Council Subject:Kitsap Sun Article - Disinfectant shortage leads Bremerton to close downtown fountain parks Date:Tuesday, June 22, 2021 1:21:31 PM Disinfectant shortage leads Bremerton to close downtown fountain parks BREMERTON — Bremerton city officials ordered Harborside and Memorial Plaza fountain parks to shut down indefinitely last week due to the emergency shortage of a disinfecting chemical needed to keep the water clean. On Friday, city officials announced both of the popular downtown fountains would be turned off and drained because suppliers have stopped all non-essential deliveries of sodium hypochlorite, a disinfectant and bleaching agent, after the company that makes the chemical suffered a sudden equipment failure. “There’s a shortage and an interruption in the supply chain; non-critical stuff just kind of gets set aside to make sure there’s supply for critical stuff,” Bremerton parks and recreation director Jeff Elevado said. The city’s public works and parks departments both use sodium hypochlorite to treat water, Elevado said. But public works’ responsibilities — maintaining clean water and treating wastewater — take priority over odor control and public fountains. Harborside’s fountain park in particular is a popular summer destination for people looking to beat the heat. The timing couldn’t be worse — Bremerton is expected to see high temperatures this week, and Elevado said he’s already received calls from disappointed families hoping to play in the water. “It’s unfortunate because we were ready and people were excited about it and it all kind of coincided with everything opening up again,” Elevado said. Production of sodium hypochlorite ground to a halt last week after a piece of electrical equipment at Westlake Chemical’s Longview manufacturing plant failed. As a result, the city suspended odor control at the Westside Wastewater Treatment Plant for two days in an effort to preserve its supply of the disinfectant, leading to a significant stench in nearby neighborhoods. While odor control was eventually restored, there may be more disruptions in the future. Public works officials have purchased a less concentrated chemical from another supplier and could use that in the event of an emergency, at which point odor control would probably be turned off again, director Tom Knuckey said. “We’re just waiting to see, they are scrambling hard trying to get back up and operating,” Knuckey said. HASA, the company that supplies sodium hypochlorite to the city, has committed to delivering regular shipments through the end of the month, Knuckey said. The city, which received a previously ordered shipment of the chemical on Friday, has enough supply to treat drinking water for three months. “We’re keeping an eye on it and we feel confident in our supply that we have on hand for drinking water,” Knuckey said. The timeline for turning the fountains back on is unclear. Unlike public works, which has a direct contract with suppliers for sodium hypochlorite, the parks department gets relatively small shipments from a pool supply company, Elevado said. Even after the supply chain is restored, it could take some time for non- essential companies to restock. “We’re hopeful, I think we can see an end to it,” Elevado said. “It’s nothing, unfortunately, we can control at this point." AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: June 23, 2021 Confirm Appointment of Kylie Finnell as the City Attorney at Band 23 Rate 6 of the salary schedule; and authorize the Mayor to finalize and enter into the attached Letter of Engagement with substantially the same terms and conditions as presented COUNCIL MEETING Date: July 7, 2021 Department: Executive Presenter: Mayor Greg Wheeler Phone: (360) 473-5266 SUMMARY: BMC Chapter 2.05, Section 2.05.020 (a) and Chapter 2.50, Section 2.50.032 (a) require Council confirmation for the appointment of a Department Director. Therefore, Council confirmation is requested to hire Kylie Finnell as the City Attorney. Ms. Finnell is a partner at Kitsap Law Group, a general practice Silverdale law firm. She has been practicing law in Kitsap County for 17 years. Ms. Finnell served as an assistant city attorney from 2016 - 2019 representing Bremerton in civil litigation and has continued to represent Bremerton since going into private practice. Ms. Finnell earned a Bachelor of Arts from University of Texas at Arlington in 2001 and her Juris Doctorate from University of Houston in 2003. The Mayor has negotiated a starting salary with Mrs. Finnell and proposes making this appointment at Pay Band 23, Rate 6. ATTACHMENTS: Letter of Engagement outlining the terms of her employment with the City of Bremerton. FISCAL IMPACTS (Include Budgeted Amount): Annual Salary is $162,172.80. This appointment does not require a budget adjustment. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to confirm Kylie Finnell as the City Attorney at Band 23 Rate 6 of the salary schedule; and authorize the Mayor to finalize and enter into the attached Letter of Engagement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A8 Item Added Mayor Greg Wheeler Kylie Finnell . . 345 6th Street. Suite 600 Bremerton, WA 98337-1873 RE: Letter of Engagement-City Attorney Dear Kylie: It is with great pleasure that I confirm your appointment to the position of City Attorney pending City Council confinnation. Your position is FLSA exempt and included in the Management classifications under BMC 2.50 ( copy attached) as follows: Position: Department: Effective Date: Rate of Pay: Appointment/Removal: Vacation: Benefits: Severance: City Attorney Legal Department August 1, 2021 Band 23, Rate 6 -$162,172.80 Annually -Pending City Council Approval Mayor/City Council 25 days per year Long-Term Disability Coverage -Other Benefits are Pursuant to BMC Chapter 2.50 Pursuant to BMC 2.50.090 You are an "at will" employee and may be terminated by the City without cause at any time with thirty (30) days' notice. Pursuant to the provisions set forth in the City Charter, you may be terminated for cause, without notice, and no severance pay shall be paid. Letter or Engagement -Kylie Finnell Page 1 of 2 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: June 23, 2021 Approve promotion of Chris Mottner as the Internal Services Manager at Band 16, Rate 8 of the 2021 Management, Professional, Confidential and Fiduciary Salary Plan COUNCIL MEETING Date: N/A Department: PW&U Presenter: Tom Knuckey Phone: (360) 473-2376 SUMMARY: Chris Mottner has been the Facilities/Inventory Supervisor since 1996 and has been employed by the City in a variety of Utilities and Facilities positions since 1979. On May 19th, Council created the Internal Services Manager position; during presentations leading up to the creation, the PW&U Director indicated his intent to promote Chris to this new position at Rate 8. BMC Chapter 2.50.032(c)(3) requires Council approval when an employee is promoted, and it is proposed that their salary be set higher than the next rate which he or she was receiving at the former band. Mr. Mottner’s teamster compensation includes longevity pay, standby pay and overtime; to match his current composite compensation it is requested Council approve his salary at Rate 8 of Band 16. ATTACHMENTS: (1) Council Summary; (2) Letter of Engagement; and (3) Power Point Presentation Added FISCAL IMPACTS (Include Budgeted Amount): Annual salary is $120,585.36; a budget adjustment is not required. STUDY SESSION AGENDA: ☐ Limited Presentation ☒ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to authorize placement of Mr. Mottner’s salary at Rate 8 of Band 16 of the Management, Professional, Confidential, and Fiduciary Salary Plan. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 B1 Item Added Action anticipated… Request to Approve Promotion of Chris Mottner as the Internal Services Manager at Rate 8, Band 16 Council Summary Considerations to promote Chris Mottner at Rate 8 (top step):  Chris has worked for the City since 1979 (42-years), and has been the Facilities and Inventory Supervisor since 1996 (25-years). In this position he effectively functions as a manager. Chris is the most qualified candidate for the newly created Internal Services Manager position. The intent to hire Chris to the new position at Rate 8 was communicated to Council when the position was created.  If Chris had been in a management position the entire time he has been functioning as a manager, he would be at top step.  If Chris was an external candidate applying for this position, we would not be able to ask him what his current compensation is; we would only be allowed to ask him what salary he required to take the position. If Chris were an external candidate and stated that he required Rate 8, we would hire him at that level based on his qualifications.  As a manager, Chris will continue to work significant overtime; however, it will be uncompensated. Further he will no longer be compensated for Standby although he will be expected to respond to emergency call outs. Finally, as a manager he will accrue one less vacation day each year.  The new Internal Services Manager will perform some duties currently being performed by the Facilities and Inventory Supervisor. The workload of the Supervisor will reduce somewhat with Chris in the new manager position, and so the overtime requirement for the Supervisor should be reduced. Salary Considerations: Tom Knuckey, PE Director of Public Works & Utilities 100 Oyster Bay Avenue Bremerton, WA 98312 Telephone: 360-473-2376 thomas.knuckey@ci.bremerton.wa.us May 20, 2021 Chris Mottner RE: Letter of Engagement Dear Chris: It is with great pleasure that I confirm your appointment to the position of Internal Services Manager. Your position is exempt and included in the Management and Professional classifications under BMC 2.50 as follows: Position: Internal Services Manager Department: Public Works & Utilities Effective Date: July 1, 2021 Rate of Pay: $10,048.78 (Band 16, Rate 8) (Pending City Council Approval) Appointment/Removal: Director of Public Works and Utilities Supervisor: Director of Public Works and Utilities Benefits: Pursuant to BMC Chapter 2.50 Vacation: 25 days (200 hours) prorated for 2021 You are an “at will” employee and may be terminated by the City without cause at any time with thirty (30) days’ notice. You may be terminated for cause, without notice, and no severance pay shall be paid. This letter shall constitute your terms and conditions of employment with the City and there are no other written or oral agreements that have not been set forth in this letter of engagement or covered by Chapter 2.50 of the Bremerton Municipal Code (copy attached). Please sign on the next page indicating your acceptance of our offer of employment as outlined above and return it to Debbie Klinefelter in the Human Resources Office at 345 6th Street, Suite 100 Bremerton, WA 98337. Sincerely, Tom Knuckey, PE Director of Public Works & Utilities cc: Debbie Klinefelter, Human Resources Analyst ……………………………………………………………………………………………………… ACCEPTANCE OF JOB OFFER: I, Chris Mottner, hereby accept the appointment to position of Internal Services Manager, effective July 1, 2021 under the terms and conditions as set forth in this Letter of Engagement. SIGNATURE:______________________________________ DATE: _______________ Chris Mottner Lead Facilities Service Specialist Internal Services Manager Facilities / Inventory Supervisor Automotive Equip. Tech. Supervisor Electronics Technician Utilities Service Specialist Senior (3 positions) Utilities Service Specialist (3 positions) Automotive Eqpt Technician (3 positions) Journey Level Electrician (3 positions) INTERNAL SERVICES DIVISION Internal Services Manager Appointment City Council Study Session June 23, 2021 Internal Services Manager Position: •Position created by Council in May to enable Department reorganization •Responsible for Facilities (65%), Materials/Equipment Inventory (10%), Equipment Services (20%), and Facility/Traffic Signal Electrical Maintenance (5%) •Promotion of Chris Mottner at Rate 8 of Band 16 was identified when the position was created. •Scheduled for June 16th Council Meeting but pulled by the Council President. Reorganization Status: •Milenka has retired •New Public Works Operations Manager was hired –responsible for Street Operations only •Transition of Stormwater to Engineering, and Forestry to Water Resources is underway (Milenka hired as a temp to assist with Forestry Transition) •Management of Equipment Services and Facility/Traffic Signal Electrical Maintenance are both in limbo pending appointment of the new Internal Services Manager Chris Mottner’s Qualifications: •Institutional knowledge: 42-year City Employee •Facilities/Inventory Supervisor for over 25-years: •Developed maintenance strategy and develops 6-year CIPs for all 24 City buildings, including Conference Center, Naval Museum and Fountain Room, Courthouse, Library, Public Works Buildings (9), Police Station & SOG, Fire Stations (3) & Warehouse, Parking Garages, etc. •Responsible for building and site maintenance for all Water Operations facilities including Corrosion Control, UV Treatment, Pump Stations (11), Reservoirs (18), well sites, etc. •Manages, directs and coordinates work of Facilities and Inventory Staff (7) •Develops, executes and manages 12 annual contracts, and 10 service agreements totaling $2.6M for building and site maintenance activities including janitorial, HVAC controls, fire suppression equipment, fire and security monitoring, security patrol, elevators, pest control, landscape services and several other related services •Develops, executes and manages contracts for capital improvements at City facilities; for 2021 this includes 6 projects totaling $983K. •Purchases materials and equipment inventory (approximately 26,000 items) totaling $1M annually to support all Utility and Facility maintenance operations •The City’s facilities representative for the BGCOA ($1M +/-budget); manages 2-FTEs and annual capital and building maintenance programs. 2021 work includes 10 service contracts and 1 -$80K capital improvement project. Considerations:•Chris is the most qualified for the position –he’s been performing approximately 75% of the duties of the new position and working as a manager for over 25-years•If Chris were an external candidate, we would only be able to ask him what his salary requirement is, not what his current base pay is. Based on his qualifications, we would hire him at Rate 8 (top step)•Chris’s composite salary will not increase with this promotion; however, his workload and responsibilities will. He will:•Become responsible for Equipment Services and Electronics,•Lose Union protection and become an at-will employee,•No longer be compensated for overtime, but will continue to work overtime,•No longer be paid standby, but will be continue to respond to after hour call-outs,•Lose a vacation day•Chris’s composite pay for 2021 is estimated at $118,680:•Base Salary -$102,730•Standby -$7,560. Note –Standby is mandatory per Section 5.7 of the Teamsters Contract. •Overtime -$8,400•BMC 2.50.032 anticipates these situations requiring Council Action; no code revisions requested with this appointment Snow Response •Early morning snow removal, salt, etc., for parking areas and sidewalks for City facilities; Conference Center, Museum & Fountain Room, Courthouse, Library, Public Works Buildings (9), Police Station, Government Center, Parking Garages, etc. Emergency Response •Flooding/moisture issues from HVAC •Conference center issues; sewer backups, grease interceptor issues, appliance issues with the Conference Center itself, odor or garbage complaints related to Anthony’s, Subway, etc. •Homeless related issues –cleanup & damage response at the Library, Parking Garage, elevator at Conference Center, etc. •Fire/Burglar alarms response •Utility Emergencies requiring material or equipment emergency orders Night work to avoid impacting on-going operations •Building maintenance & construction –on-going office remodels and other improvements at all offices including Courts, Police, Conference Center, Government Center, Museum, etc.: •Tear down, clean-up, furniture moving, electrical work, etc., to minimize contracts for painting, carpeting and remodels •Examples are the NDGC 1st, 5th, & 6th floor remodels, also the 3rd Floor of the Conference Center 2018 –2020 which included remodels for Engineering, safety glass for Prosecutors & Utility Billing; DCD counter, Legal, Clerk & HR, etc. •Compliance inspections and maintenance at the Conference Center & Fountain Room kitchens (special fire suppression systems, separation wall maintenance, pressure vessel/boiler annual inspections, etc.) Lead Facilities Service Specialist Internal Services Manager Facilities / Inventory Supervisor Automotive Equip. Tech. Supervisor Electronics Technician Utilities Service Specialist Senior (3 positions) Utilities Service Specialist (3 positions) Automotive Eqpt Technician (3 positions) Journey Level Electrician (3 positions) April 29, 2021 by Emma Diamond Category: Legislative Body Looking Ahead: Holding “Hybrid” Public Meetings The COVID-19 pandemic has been challenging to local governments on many levels, including a pivot to holding remote meetings for health and safety reasons. With Washington counties shifting to different COVID- 19 phases to open up, some local governments are starting to consider whether to transition back to in- person public meetings. While virtual meetings have been helpful in keeping local government employees and residents safe during the pandemic, technological and communication issues have been challenging to overcome. In-person public meetings can be easier to facilitate but have their own challenges with engagement and accessibility. Combining remote and in-person attendance into a “hybrid public meeting” option may be a good approach for your jurisdiction to consider, and this blog will provide an overview of the model, including how some Washington cities are approaching the topic. Benefits of the Hybrid Public Meeting Model This hybrid model has many benefits for communities and the public. Several local governments have noted increased attendance at public meetings since switching over to a virtual option due to pandemic restrictions. Online meeting platforms allow people to access and participate in meetings from their home or workplace, but it also limits access to those attendees who have the requisite technology needed to attend a virtual meeting. In-person meetings may also limit the people who can participate because it requires attendees to appear at a designated place during a specific time. Providing both virtual and in-person meeting options, e.g., the hybrid public meeting model, would appear to improve equitable access to local government. An individual who cannot attend a public meeting in person due to a disability, work, or other commitment can chose the virtual option while anyone who does not have the technological capability to participate online can opt for in-person attendance. What Are Washington Local Governments Doing? June 23, 2021 General Council Business MRSC conducted a survey of Washington city clerks to understand how local governments are accommodating public meetings currently and whether they plan to transition to a hybrid model once the pandemic recedes. From the 80+ cities that responded to the survey, 32 jurisdictions said that they are planning on conducting hybrid public meetings in the future, 11 said that they would be returning to the in-person (only) public meeting format, and 35 said that they were unsure (see the graph below). A major reason for those local governments that plan to use the hybrid model in the future was voiced by Sue Ann Spens, Hunts Point City Clerk, who said, “We would like the option to continue hybrid meetings at a minimum to accommodate those who may be wary of attending in- person.” Challenges of the Hybrid Model Regardless of whether an agency will be using the hybrid approach or just returning to in-person meetings, many local governments indicated via the survey that they would be addressing public safety/health concerns prior to allowing people to attend in-person meetings. These steps include requiring masks, social distancing, limiting capacity, and providing hand sanitzer for those individuals who attend in person. Some cities also said they were considering temperature checks for staff and elected officials and having an overflow room to accommodate additional members of the public once capacity is reached in the main meeting location. In the MRSC survey, cities were asked how they will be handling interactions with in-person and virtual attendees. This could include allowing for both in- person and virtual public comments in a meeting or having staff read comments aloud for virtual attendees. A wide variety of solutions are currently being utilized or are under consideration. Here is a sampling of the comments from survey respondents: Ritzville: “We are utilizing a camera to show the in-person council meeting. Due to limited broadband capacity, we are also using the phone so everyone can hear each other whether in person or over the phone. If the Wi-Fi goes down, then we at least still [have a] connection through the phone." Julie Flyckt, City Clerk Enumclaw: “[We have t]wo large television monitors in Council Chambers that can be seen by attendees and also to livestream/tv audience. [The meeting host will] use ‘pin' feature to keep Councilmembers on the screen, and only add public and staff members to the large screen when they are speaking.” Maureen Burwell, C ity Clerk Moses Lake: “[R]emote attendees are audio only, except an occasional remote presentation.” Debbie Burke, C ity Clerk Lack of technological capabilities was a primary concern of cities looking to go hybrid for their public meetings. About Emma Diamond Emma Diamond worked for MRSC in October 2020 as a Public Policy intern. She is currently pursuing a Master’s of Public Administration from the Evans School at the University of Washington, focusing on local government and environmental policy. Previously, Emma has worked on water conservation, sustainability, and racial equity projects for the City of Milwaukee and the City of Sacramento as an AmeriCorps fellow. A number of cities expressed that a lack of adequate finances or insufficient staffing levels were barriers to conducting hybrid public meetings. Ilwaco: “Our small city only has 2 FTE administrative employees who assist [the] mayor and council. It would be very difficult to monitor a public meeting while ensuring safety guidelines in person, as well as conducting a hybrid meeting with limited resources.” Holly Beller, Treasurer Prescott: “The City would like to update City Hall to have…[a] television monitor and laptop to conduct meetings in our conference room; finances are not allowing the City to update at this time.” Linda Vannoster, Clerk-Treasurer Duvall: “Duvall is in research mode for technology that can accommodate [the] hybrid model. Facility and technology needs are our biggest hurdles.” Jodi Wycoff, City Clerk Many communities are still conducting completely virtual meetings, but as we prepare to go back to more in-person activities, now may be the time to ask your community what works for them. Taking inventory of what resources you have to accommodate different meeting platforms may result in more meaningful engagement and more opportunities for community members to participate in your local government’s activities. For More Information Here are some upcoming webinars that readers of this blog might find interesting: Our The Post-Pandemic Workplace, Part 1: Policies and Practices for the Post-COVID Office on Thursday, May 20, from 10 AM - 11:30 AM, will look at how cities and counties from across the state are rethinking operational practices. In a companion webinar, AWC is covering the changing legal landscape for public sector employers — from collective bargaining agreements to employee handbooks. Planners, plans examiners, building officials, and others involved in the development review process should consider registering for our Making the Switch to Paperless Permitting webinar on Tuesday, June 1, from 12 PM - 1:30 PM. Featuring a panel of local experts, this webinar will answer your questions related to transitioning to digital permitting. The author would like to thank MRSC’s Steve Butler for his assistance with this blog post.  MRSC is a private nonprofit organization serving local governments in Washington State. Eligible government agencies in Washington State may use our free, one-on-one Ask MRSC service to get answers to legal, policy, or financial questions.