HomeMy WebLinkAbout07/21/2021 CITY COUNCIL AGENDA PACKET______________________________________________________________
CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 - Phone (360) 473-5280
WEDNESDAY, JULY 21, 2021
CITY COUNCIL Virtual/Live Stream MEETING AGENDA
To help reduce the spread of COVID-19, the City Council is conducting a virtual meeting. The Chambers
will be closed, and all Council Members and staff will be participating in the meeting remotely. The public is
invited to view and/or participate in the Council Meeting through one of the following options:
To stream online only (via BKAT Feed, with no interaction possible):
https://bremerton.vod.castus.tv/vod/?live=ch1&nav=live
Members of the public are invited to join the Zoom Meeting by clicking on the link below:
https://us02web.zoom.us/j/86149513372?pwd=eXY5cVZieHNlTmNTWEpMMjFXUUNOQT09
Or One tap mobile: US: +12532158782,,86149513372#,,,,*408318# or
+13462487799,,86149513372#,,,,*408318#
Or Telephone: Dial (for higher quality, dial a number based on your current location):
US: +1 253 215 8782 or +1 346 248 7799 or +1 669 900 6833 or +1 929 205 6099
Webinar ID: 861 4951 3372
Passcode: 408318
Public questions or comments may be submitted ahead of time to City.Council@ci.bremerton.wa.us
1. CALL TO ORDER: 5:30 P.M.
2. SWEARING IN CEREMONY – Judge James Docter will administer the Oath of Office to newly
appointed District 4 Council Member Quinn Dennehy, who will then be seated
3. MAYOR'S REPORT
4. PUBLIC RECOGNITION
5. CONSENT AGENDA
A. Claims & Check Register
B. Minutes of Meeting – July 7, 2021
C. Minutes of Special Meeting – July 14, 2021
D. Minutes of Study Session – July 14, 2021
E. Confirm Appointment of Paul Dutky to the Parks & Recreation Commission
F. Contract Modification Agreement No. 2 with KPFF Consulting Engineers for the East 11th Street
& Perry Avenue Complete Streets Improvement Project
G. Professional Services Agreement with LNS Engineers, Inc. for the Downtown Library HVAC
Systems Project
Continued on next page…
6. GENERAL BUSINESS
A. Local Agency Contract with Active Construction, Inc. for the Kitsap Way (SR310) and Warren
Avenue (SR303) Traffic Signal and Multimodal Safety Project; and related Budget Adjustment
B. Contract Modification Agreement No. 1 with KPG for the Marine Drive Water Main Replacement
Project
C. Purchase a Wildland Fire Engine from Bud Clary Ford Hyundai of Longview, WA
D. Authorize Increase of 0.4 FTE to 0.6 FTE City Auditor
E. Acceptance of the Lodging Tax Advisory Committee’s FY-2021 Funding Recommendations
7. COUNCIL MEMBER REPORTS
8. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: N/A
Claims & Check Register COUNCIL MEETING Date: July 21, 2021
Department: Legal Services
Presenter: Angela Hoover
Phone: (360) 473-5323
SUMMARY:
Approval of the following checks and electronic fund transfers:
1. Check Numbers 394304-394444 and Electronic Fund Transfers V33380-V33444 in the grand
total amount of $1,329,121.01
2. Regular Payroll payouts and missed overtime for pay period ending June 30, 2021 in the
amount of $4,502.61
3. Regular Payroll for pay period ending July 15, 2021 in the amount of $952,740.75
ATTACHMENTS:
FISCAL IMPACTS (Include Budgeted Amount):
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve the consent agenda as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
5A
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Minutes of Meeting – July 7,
2021
Study Session Date: N/A
COUNCIL MEETING Date: July 21, 2021
Department: City Council
Presenter: Council President
Phone: (360) 473-5280
SUMMARY: The Minutes of Meeting held on July 7, 2021 are attached.
ATTACHMENTS: Meeting Minutes
FISCAL IMPACTS (Include Budgeted Amount): None
STUDY SESSION AGENDA: ☒ N/A
STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve the July 7, 2021 Meeting Minutes as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/3/17
5B
2
CITY COUNCIL VIRTUAL MEETING MINUTES
Wednesday, July 7, 2021
A virtual meeting of the City Council of the City of Bremerton was called to order Wednesday, July
7, 2021, at 5:30 PM with Council President Kevin Gorman presiding. Council Members present were
Eric Younger, Mike Simpson, Michael Goodnow, Leslie Daugs, and Pat Sullivan. The District 4 seat
was vacant. Also present were Interim City Attorney Brett Jette; City Clerk Angela Hoover;
Legislative Office Manager Lori Smith; and IT Manager Dave Sorensen.
President Gorman read a statement that hybrid meetings will begin next Wednesday, with an option
for attendees to still participate by Zoom…
MAYOR’S REPORT
Highlighted building permit activity; and
Was pleased to announce that Gold Mountain Golf Course has been named #11 of “100 Top
Courses” in Golf Magazine for 2020 to 2021
PUBLIC RECOGNITION
Comments were provided by Jeff Coughlin; Ki’aha Long; Joseph Radosolovich, and Jeff
Campbell…
CONSENT AGENDA
4A – Claims & Check Register: Check Numbers 394122 through 394303 and Electronic Fund
Transfers V33293 through V33379 in the grand total amount of $2,674,289.09; Regular
Payroll for pay period ending June 15, 2021 in the amount of $905,004.28; Regular Payroll
(Payouts) for pay period ending June 15, 2021 in the amount of $21,953.69; Retiree Payroll
for pay period ending June 30, 2021 in the amount of $50,378.17; and Regular Payroll for
pay period ending June 30, 2021 in the amount of $902,037.66
4B – Minutes of Meeting – June 16, 2021
4C – Minutes of Study Session – June 23, 2021
4D – Contract Modification Agreement No. 3 with Parametrix, Inc for Oyster Bay Sewer
Upgrades
4E – Professional Services Agreement with Cultural Resource Consultants, LLC for Oyster Bay
Sewer Upgrades
Questions from the public were submitted by Ki’aha Long; with responses provided by Shane
Weber…
5:47 M/S/C/U (Daugs/Younger) Move to approve the CONSENT AGENDA as presented.
PUBLIC HEARINGS
5A – PUBLIC HEARING AND RESOLUTION NO. 3340 ADOPTING THE 2022 – 2027 SIX-YEAR
TRANSPORTATION IMPROVEMENT PROGRAM: Managing Engineer Shane Weber
summarized that 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.
President Gorman explained the purpose of this Public Hearing is to accept public comment…
City Council Reg. Mtg. Minutes
Wednesday, July 7, 2021
Page 2 of 5
Questions and comments from the public were received by Jeff Campbell, Ki’aha Long, and
Anna Mockler; with responses provided by Mr. Weber…
With no further questions, President Gorman closed the hearing to the public, and opened
discussion to the Council…
5:56 Motion was made by Daugs; and seconded by Simpson… Questions and comments were
provided by Daugs and Simpson; with responses provided by Mr. Weber …
6:01 M/S/C/U (Daugs/Simpson) Move to approve Resolution No. 3340, 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.
GENERAL BUSINESS
6A – CONFIRM APPOINTMENT OF HARRINGTON GRIFFIN OF THE FAIRFIELD INN TO THE
LODGING TAX ADVISORY COMMITTEE: Mayor Wheeler summarized that 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.
There were no questions or comments from the public…
6:03 Motion was made by Daugs and seconded by Goodnow… Comments were provided by
Daugs and Goodnow…
6:04 M/S/C/U (Daugs/Goodnow) Move to confirm the appointment of Harrington Griffin to the
Lodging Tax Advisory Committee for the remainder of the term expiring May 14, 2022.
6B – AGREEMENT WITH PAPE & SONS CONSTRUCTION, INC. FOR MARINE DRIVE WATER
MAIN REPLACEMENT: Robert Endsley, Public Works & Utiliites stated that 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).
Questions from the public were provided by Ki’aha Long and Jeff Campbell; with responses
provided by Mr. Endsley and Ms. Hoover…
6:09 Motion was made by Sullivan; and seconded by Simpson… Questions and comments were
provided by Sullivan, Simpson, Daugs; with responses provided by Mr. Endsley…
City Council Reg. Mtg. Minutes
Wednesday, July 7, 2021
Page 3 of 5
6:16 M/S/C/U (Sullivan/Simpson) 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.
6C – ORDINANCE NO. 5426 AMENDING CHAPTER 10.42 OF THE BREMERTON MUNICIPAL
CODE TO INCLUDE SECTION 10.42.070 ENTITLED “FUNDS ALLOCATED”: Council Member
Eric Younger summarized that 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.
Questions from the public were provided by Ki’aha Long and Anna Mockler...
6:27 Motion was made by Sullivan; and seconded by Simpson… Questions and comments were
provided by Sullivan, Simpson, Daugs, and Gorman; with responses provided by Mr. Younger, Mr.
Riley, and Mr. Knuckey…
6:38 M/S/C (Sullivan/Simpson) Move to approve Ordinance No. 5426 amending Chapter 10.42 of
the Bremerton Municipal Code to include Section 10.42.070 entitled “Funds Allocated.”
Voted in favor of Motion: Simpson, Younger, Sullivan, Goodnow, Gorman
Voted opposed to Motion: Daugs
Motion carried: 5-Yes; 1-No
6E – 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: Public Works & Utilities Director Tom
Knuckey explained that 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.
It was established at the June 23, 2021 Study Session, that a Motion was made by Wheat; and
seconded by Goodnow…
Questions from the public were provided by Ki’aha Long and Anna Mockler; with responses
provided by Mr. Knuckey…
6:59 Questions and comments were provided by Daugs; Goodnow, Simpson, Sullivan, Younger,
and Gorman; with input and responses provided by Mr. Knuckey; Human Resources Manager
Charlotte Nelson; and Mayor Wheeler…
7:16 M/S/C (Wheat/Goodnow) Move to authorize placement of Chris Mottner’s salary at Rate 8 of
Band 16 of the 2021 Management, Professional, Confidential, and Fiduciary Salary Plan.
Voted in favor of Motion: Sullivan, Daugs, Goodnow, Gorman
Voted opposed to Motion: Younger, Simpson
Motion carried: 4-Yes; 2-No
City Council Reg. Mtg. Minutes
Wednesday, July 7, 2021
Page 4 of 5
6E – 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: Mayor Wheeler summarized that
Bremerton Municipal Code (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; 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.
Comments from the public were provided by Thomas Weaver, Ki’aha Long, Jeff Coughlin, and
Bill Broughton…
7:22 Motion was made by Sullivan; and seconded by Daugs… Questions and comments were
provided by Sullivan, Daugs, Simpson, Younger, and Gorman; with a clarification provided by
Human Resources Manager Mayor Wheeler…
7:31 M/S/C (Sullivan/Daugs) 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.
Voted in favor of Motion: Sullivan, Daugs, Goodnow, Simpson, Gorman
Voted opposed to Motion: Younger
Motion carried: 5-Yes; 1-No
COUNCIL MEMBER REPORTS
Pat Sullivan was excited to announce the return of the Monthly Lions Park Shoreline Weeding
Party on Saturday, July 10 from 10:00 AM to Noon. Disinfectants, beverages and snacks will also
be provided to volunteers.
Leslie Daugs announced information on the next meeting of the Race Equity Advisory Committee
will be on Thursday, July 8, 2021 beginning at 6:00 PM, and will be held remotely.
Michael Goodnow shared the “Comeback Bremerton” Meeting for Charleston Businesses on
Thursday, July 15 at 6:00 PM via Zoom; and that applications for 2022 Lodging Tax Funding are
being accepted until Noon on Thursday, July 29.
Mike Simpson thanked Harrington Griffin for his appointment; and hoped the Governor’s
Emergency Proclamation would be updated soon.
Eric Younger also thanked Harrington Griffin; and congratulated Kylie Finnell as the new City
Attorney.
President Gorman announced a plan for holding hybrid meetings (both remotely and in-person)
starting with the Study Session next Wednesday on July 14, 2021 beginning at 5:00 PM, with a
tentative Special Meeting beginning at 4:00 PM for Interviews of District 4 Council Candidates. He
then established that following adjournment of tonight’s meeting, Council will be meeting in Exempt
Closed Session, as allowed under RCW 42.30.140 (4)(b) to discuss “Labor Negotiations” and no
action was anticipated.
City Council Reg. Mtg. Minutes
Wednesday, July 7, 2021
Page 5 of 5
With no further business, President Gorman adjourned the Council Meeting at 7:45 PM.
Prepared and Submitted by:
______________________________
LORI SMITH
Legislative Office Manager
APPROVED by the City Council on the 21st day of July, 2021.
________________________________________
KEVIN GORMAN, City Council President
Attest:
________________________________________
ANGELA HOOVER, City Clerk
KG:AH:ls:cg
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Minutes of Special Meeting –
July 14, 2021
Study Session Date: N/A
COUNCIL MEETING Date: July 21, 2021
Department: City Council
Presenter: Council President
Phone: (360) 473-5280
SUMMARY: The Minutes of Special Meeting held on July 14, 2021 are attached.
ATTACHMENTS: Special Meeting Minutes
FISCAL IMPACTS (Include Budgeted Amount): None
STUDY SESSION AGENDA: ☒ N/A
STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve the July 14, 2021 Special Meeting Minutes as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/3/17
5C
2
DIGITAL RECORDING
CITY COUNCIL SPECIAL MEETING MINUTES
Wednesday, July 14, 2021
A Special Meeting of the City Council of the City of Bremerton was called to order on Wednesday,
July 14, 2021, at 4:00 PM, with Council President Kevin Gorman presiding. Council Members
present were Eric Younger, Mike Simpson, Michael Goodnow, Leslie Daugs, and Pat Sullivan. The
District 4 seat was vacant. Also present were Legislative Office Manager Lori Smith and IT Manager
Dave Sorensen.
President Gorman established that to help reduce the spread of COVID-19, and until the Norm
Dicks Government Center is open to the public, the City Council is conducting the Special Meeting
via Zoom, and all Council Members, City staff, and Candidates will be participating remotely. He
further established that the Special Meeting is open for the public to listen-in, but there will be no
opportunities for input. Lastly, he announced that the fourth qualified applicant Jaime Forsyth
withdrew her application from consideration on July 13, 2021.
A. DISTRICT 4 CANDIDATE INTERVIEWS – The following candidates submitted applications for
the District 4 Appointment. The interview will consist of asking each candidate the same 8
questions; with the order of candidates rotated. No time limit was set for their responses.
Robert Caires, Jr.
Quinn Dennehy
Shawn Cupples
B. EXECUTIVE SESSION
President Gorman announced that Council would recess for a 20-Minute Executive Session
from approximately 4:50 to 5:10 PM to discuss “Qualifications of Applicants/Candidates for
Appointment to an Elective Office” allowed under RCW 42.30.110 (1) (h)
After some technical difficulties, at approximately 5:13 PM, the Council reconvened…
C. APPOINTMENT OF DISTRICT 4 COUNCIL MEMBER – To serve until the results of the next
Municipal General Election on November 7, 2023 are certified.
5:16 After a tally of votes was taken, President Gorman announced the following:
Voted in Favor of Quinn Dennehy: Sullivan, Daugs, Goodnow, Younger, Gorman
Voted in Favor of Shawn Cupples: Simpson
By a majority vote of 5, Quinn Dennehy was appointed as the District 4 Council Member.
President Gorman announced that newly appointed District 4 Council Member Quinn Dennehy
would be Sworn In by Judge James Docter at the start of the televised Council Meeting on
Wednesday, July 21, 2021.
With no further business, President Gorman adjourned the Council Special Meeting at 5:22 PM.
Prepared and Submitted by:
______________________________
LORI SMITH, Legislative Office Manager
City Council Special Meeting Minutes
Wednesday, July 14, 2021
Page 2 of 2
APPROVED by the City Council on the 21st day of July, 2021.
______________________________
KEVIN GORMAN, Council President
ATTEST:
______________________________
ANGELA HOOVER, City Clerk
KG:AH:ls:cg
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Minutes of Study Session – July
14, 2021
Study Session Date: N/A
COUNCIL MEETING Date: July 21, 2021
Department: City Council
Presenter: Council President
Phone: (360) 473-5280
SUMMARY: The Minutes of Study Session held on July 14, 2021 are attached.
ATTACHMENTS: Study Session Minutes
FISCAL IMPACTS (Include Budgeted Amount): None
STUDY SESSION AGENDA: ☒ N/A
STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve the July 14, 2021 Study Session Minutes as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/3/17
5D
22C
CITY COUNCIL STUDY SESSION MINUTES
Wednesday, July 14, 2021
A virtual Study Session of the City Council of the City of Bremerton was called to order on
Wednesday, July 14, 2021 at 5:24 PM, with Council President Kevin Gorman presiding. Council
Members present were Eric Younger, Mike Simpson, Michael Goodnow, Leslie Daugs, and Pat
Sullivan. The District 4 seat was vacant. Also present were Legislative Office Manager Lori Smith
and IT Manager Dave Sorensen.
President Gorman established that to help reduce the spread of COVID-19, and until the Norm
Dicks Government Center is open to the public, the City Council is conducting the Study Session via
Zoom, and all Council Members and staff will be participating remotely…
The Study Session is open for the public to listen-in, but except for Item B1, there will be no
opportunities for input; no action is anticipated; and the content of these items is subject to change.
If approved by the Council, these items will be placed on the July 21, 2021 City Council Virtual
Meeting Agenda…
A. BRIEFINGS on AGENDA BILL ITEMS
1. Confirm Appointment of Paul Dutky to the Parks & Recreation Commission Consent
Agenda
2. Contract Modification Agreement No. 2 with KPFF Consulting Engineers for the East 11th
Street & Perry Avenue Complete Streets Improvement Project Consent Agenda
3. Local Agency Contract with Active Construction, Inc. for the Kitsap Way (SR310) and
Warren Avenue (SR303) Traffic Signal and Multimodal Safety Project; and related Budget
Adjustment General Business
4. Professional Services Agreement with LNS Engineers, Inc. for the Downtown Library HVAC
Systems Project Consent Agenda
President Gorman called a break from 6:26 to 6:33 PM…
5. Contract Modification Agreement No. 1 with KPG for the Marine Drive Water Main
Replacement Project General Business
6. Purchase of Wildland Fire Engine from Bud Clary Ford Hyundai of Longview, WA
General Business
7. Authorize Increase of 0.4 FTE to 0.6 FTE City Auditor General Business
8. Acceptance of Lodging Tax Advisory Committee’s FY-2021 Funding Recommendations
General Business
B. ACTION on AGENDA BILL ITEM
1. Purchase of (2) new Flygt Pumps from Whitney Equipment Company for Wastewater Pump
Station EB-2
Wastewater Manager Eric J. Burris explained that wastewater pump station EB-2 has two
low flow pumps that recently failed within two weeks of each other. The pump station is
currently being operated by a single back-up pump that barely meets the duty condition at
the station. Staff received a quote from Whitney Equipment for $34,768.79 (including
freight and applicable sales tax) for two new replacement pumps and were advised there
are only two pumps that meet the criteria currently available nationally at this time. Staff
City Council Study Session Minutes
Wednesday, July 14, 2021
Page 2 of 2
have coordinated with Whitney Equipment to reserve the pumps pending Council approval
to submit a formal purchase order.
There were no questions or comments from the public…
7:36 Motion was made by Goodnow and seconded by Simpson… Questions and
comments were provided by Goodnow, Simpson, Daugs, Younger, and Gorman; with
responses provided by Mr. Burris…
7:44 M/S/C/U (Goodnow/Simpson) Move to approve the purchase of two Flygt pumps from
Whitney Equipment Company for $34,768.79, including tax and freight; and authorize the
Mayor to finalize and execute the purchase with substantially the same terms and
conditions as presented.
C. GENERAL COUNCIL BUSINESS
o Audit Committee Monthly Briefing – Chair Leslie Daugs
o Race Equity Advisory Committee Monthly Briefing – Chair Leslie Daugs
o Other General Council Business was briefly discussed.
President Gorman reminded the public that all meetings will be held remotely until further notice,
including the next regular Council Meeting on Wednesday, July 21, 2021 at 5:30 PM, which will
also include a Swearing In Ceremony for the newly appointed District 4 Candidate Quinn Dennehy.
With no further business, the Study Session was adjourned at 7:56 PM.
Prepared and Submitted by:
______________________________
LORI SMITH
Legislative Office Manager
APPROVED by the City Council on the 21st day of July, 2021.
______________________________
KEVIN GORMAN, Council President
ATTEST:
______________________________
ANGELA HOOVER, City Clerk
KG:AH:ls:cg
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Confirm Appointment of Paul
Dutky to the Parks & Recreation
Commission
Study Session Date: July 14, 2021
COUNCIL MEETING Date: July 21, 2021
Department: Executive
Presenter: Mayor Wheeler
Phone: (360) 473-5266
SUMMARY: The Mayor is seeking confirmation for the appointment of Paul Dutky to the Parks and
Recreation Commission. The term expires September 29, 2023.
ATTACHMENTS: Application to the committee is available in the Mayor’s Office.
FISCAL IMPACTS (Include Budgeted Amount): None.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Briefing/Full Presentation
STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to confirm the appointment of Paul Dutky to the Parks and Recreation Commission for the term
expiring September 29, 2023.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
5E
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: July 14, 2021
Contract Modification Agreement No. 2 with
KPFF Consulting Engineers for the East
11th Street & Perry Avenue Complete
Streets Improvement Project
COUNCIL MEETING Date: July 21, 2021
Department: PW & Utilities
Presenter: Chris Dimmitt
Phone: (360) 473-2307
SUMMARY: In April 2019, the City executed a contract with KPFF for the design of the E 11th Street
and Perry Avenue Complete Streets Improvement Project in the amount of $534,002.58. One
supplement has been executed for additional design services in the amount of $53,282.50. The
proposed Supplement No. 2 increases the contract value by $156,631.65 to a new total of
$743,916.73; the work includes right-of-way acquisition services, formation of small works roster
contract for residential electrical work required by PSE overhead electrical relocations, additional
survey, and design of additional watermain and drainage improvements.
ATTACHMENTS: 1) Supplement No. 2 with KPFF; 2) Site Plan
FISCAL IMPACTS (Include Budgeted Amount): The cost for this supplement is budgeted in the
2021 CIP.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve Supplement No. 2 with KPFF Inc. for the E 11th Street and Perry Avenue Project;
and authorize the Mayor to finalize and execute the agreement with substantially the same terms and
conditions as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
5F
Page 1 of 2
Contract Modification
Rev. 10/2019
CONTRACT MODIFICATION AGREEMENT NO. 002
To CITY CONTRACT #5972
BETWEEN THE CITY OF BREMERTON
AND KPFF CONSULTING ENGINEERS
PROJECT East 11th Street and Perry Avenue Complete Streets Improvement Project
#315018
CONSULTANT KPFF Consulting Engineers
DATE June 10, 2021
THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE
CONSULTANT AGREEMENT (the "Contract") entered into between the City of
Bremerton and KPFF Consulting Engineers on April 16, 2019 and as modified on January 1,
2021 on Contract Modification #001.
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 Amended Scope of Work attached as Exhibit A
Section II. Term , is modified as follows:
The Consultant shall complete the work described in this Contract Modification Agreement by
No Change
Section III. Compensation , is modified as follows:
The original contract amount was $ 534,002.58. The current contract amount, including all
previous amendments is $ 587,285.08. The City shall pay the Consultant for the additional work
described above, based on time and materials, an amount not to exceed $ 156,631.65 for a total
amended contract amount of $ 743,916.73 including this Contract Modification.
II.
Consultant accepts all requirements of this Contract Modification by endorsing below.
Consultant further agrees that this Contract Modification constitutes full and final
settlement of all of the Consultant’s claims for contract time and for all costs of any kind,
including without limitation, costs of delays related to any work either covered or affected
by this Contract Modification, claims related to on-site or home office overhead, or lost
profits. This Contract Modification does not limit the City’s right to bring a claim for past
performance.
Page 2 of 2
Contract Modification
Rev. 10/2019
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
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)
CONSULTANT THE CITY OF BREMERTON
By: By:
Print Name: Print Name: Greg Wheeler________
Its: Its: Mayor_____________________
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:
Ron Leimkuhler Christopher Dimmitt
Principal Civil Engineer II
KPFF Consulting Engineers City of Bremerton- Engineering
1601 5th Avenue, Suite 1600 345 6th Street, Suite 100
Seattle, WA 98101 Bremerton, WA 98337
R:\Legal\Legal\Forms\FORMS ON COBWEB\Contract Modification Rev. 10 2019.docx
EAST 11TH STREET AND PERRY AVENUE
DESIGN SCOPE OF WORK
AMENDMENT 2
This amendment supplements the existing CONSULTANT agreement with the City of Bremerton for
the East 11th Street and Perry Avenue project.
EXHIBIT A
Project Description
The following information is revised.
Schedule
·NTP April 2019
·Project Construction Advertisement in Q1 2022
·Project Construction complete by December 2022
Task 2: Data Collection
The following work is added to the contract.
2.5 2021 Survey Pickup
CONSULTANT shall collect additional topographical survey at:
·Perry Avenue between East 11th to south of the Perry / 10th Street intersection with limits of
survey pick limited to 10 feet beyond side street curb returns (see below).
·50 additional feet of survey along East 15th to the west of the current pickup limits (see below)
·Pickups of recent development at the NW corner of East 11th and Perry
·Pickups of a recently reconstructed retaining wall on Perry Avenue between 11th and 13th Streets
Survey Pickups shall be incorporated into the project basemap and CAD files
Assumptions(s):
·Ground Based Lidar will be utilized by the CONSULTANT
·Survey requiring confined space entry is beyond the scope of work. Manholes over 25 feet deep
or full of debris/water may not be asbuilt since they may require confined space entry to access
the manhole in order to accurately measure the depth (if needed).
·Trees 4 inches and above will be surveyed. Trees will be labeled with trunk and dripline
diameter and will only be classified as coniferous or deciduous as far as the tree species unless
directed otherwise.
·Survey Basemaps will be updated in: U.S. Survey Feet NAD 83(2011) horizontal and NAVD 88
vertical datum’s unless otherwise directed.
·CAD standards will conform to previously produced basemap.
·CONSULTANT will call one-call and pick-up utilities that are marked. CONSULTANT will
coordinate with a private utility locator to verify accuracy and completeness of information
obtained from free one-call service.
·Topo survey beyond ROW limits not be collected for survey work on E 15th or on Perry
between East 10th and East 11th
·Topo survey at the intersection of Perry and East 10th will only be collected ten feet beyond the
side street curb returns.
Deliverable(s):
1. Updated Survey Control Drawings and existing condition CAD Files
Task 4: PS&E Design
The following work is added to the contract.
4.3.3 Perry Conveyance to East 10th Street
The CONSULTANT shall provide PS&E design services for the construction of a new drainage
conveyance system between the intersection of East 11th and Perry to the intersection of East 10th and
Perry.
Additional services to be performed by the CONSULTANT include:
1. Design of a new storm drainage conveyance system from East 11
th and Perry intersection down
Perry Avenue to connect into the City’s existing conveyance system within the intersection of
East 10th Street and Perry Avenue.
2. Plan sheet development for pavement repair of trench opening and drainage structure work on
Perry Avenue.
3. Drainage Plan revisions on East 11
th , as a trunk line will not be required for the full extent of
East 11th between Scott and Perry.
4. Drainage Report Update to address the conveyance modifications.
The CONSULANT shall update the project drainage report and water treatment facility sizes per the
revised design, including a summary of downstream capacity findings.
The CONSULTANT shall include City provided documentation to modify the conveyance on Perry
within the updated drainage report.
Existing curb inlets on Perry Avenue between 10th Street and 11th Street will not be evaluated for
modification and new inlets will not be evaluated within this street.
The existing paving on Perry Avenue between East 11th and East 10th shall be reconstructed per City
Standards for trench repair. ADA improvements within the trenching limits will not be proposed by
the project.
Assumption(s):
1. No TCEs will be required for this work.
2. Water quality treatment total structures and general location will remain unchanged.
3. The City will coordinate with the Department of Ecology and provide the updated stormwater
report and design as needed. The CONSULTANT shall not coordinate with the Department of
Ecology or provide submittals beyond the updated stormwater report and plans submitted to
the City.
4. The CONSULTANT shall not provide downstream capacity analysis for stormwater heading to
the Bachmann Park Outflow. CONSULTANT is not responsible for determining capacity
within the downstream stormwater conveyance system to Bachmann Park. Re-routing of the
stormwater conveyance system to connect at the intersection of Perry Avenue and East 10th is
per direction of the City.
5. Storm Drainage work on Perry will not require relocation of existing buried utilities, such as gas
lines or side sewer connections.
6. Approximately eight sheets will be added to final plan set and 20 sheets will be revised.
Deliverable(s):
1. Updated project PS&E elements related to scope noted above.
2. Design deviation for pipe conveyance connection to existing downstream conveyance pipe at
East 10th and Perry Avenue (if needed).
3. Updated Drainage Report.
4.8 East 15th Street Watermain Design Service
The CONSULTANT shall update the PS&E package and TCE documentation to accommodate the
relocation of an existing City watermain on East 15th Street away from a proposed stormwater
treatment system to be installed on East 15th.
Assumption(s):
1. A utility clearance deviation between the relocated watermain and the storm drainage system
will likely be required due to existing site constraints and City staff shall coordinate utility
clearance needs specific to the site before the CONSULTANT finalizes design of the watermain
location.
2. Restrained Joint pipe will be the watermain material for the final design and thrust blocks will
be avoided to the maximum extent feasible.
Deliverable(s):
1. Updated PS&E materials (and design deviations as needed)
2. Design coordination exhibits (for verification of proposed watermain location by City before
final design)
Task 5: Right of Way
The following Section is deleted and replaced with the following.
5.2 Acquisition Services
CONSULTANT shall support the City in acquiring up to 20 Temporary Construction Easements for
impacted properties within the project corridor.
CONSULTANT shall develop all right-of-way documents and offer letters in accordance with the
City’s Right of Way procedures.
The City shall provide the City of Bremerton ROW procedures to the CONSULTANT within five days
of NTP of services noted in this task.
Services to be performed by the Consultant include:
5.2.1 ROW Administration and Management
Upon Notice to Proceed, CONSULTANT staff shall attend a kickoff meeting with the City to obtain
additional project information, including: available contact information for property owners; discuss
material and information needed (ROW Plan, Legal Descriptions, Exhibits, etc.) along with any
additional information that will assist in the right of way acquisition process.
The CONSULTANT will provide sample templates of all acquisition documents (offer letters, consents,
right of entries, etc.) for the City’s review and approval for project use. All forms and documents will
comply with City’s standards and in accordance with statutory requirements. The City’s pre-approved
documents will be used when provided. The CONSULTANT shall maintain acquisition records in
accordance with statutory, regulatory and policy requirements.
For each parcel impacted, prepare acquisition files to include fair offer letters, a standard diary form
indicating all contacts with owner(s), and ancillary documents, and other items necessary to complete
the work.
Assumption(s):
1. The TCE procurement and recording process has a duration of six months for all TCE’s.
2. The CONSULTANT shall make a maximum of twenty total corridor field visits.
3. The CONSULTANT shall provide the City up to six monthly status reports.
4. The CONSULTANT ROW lead shall attend a maximum of 6 meetings with City staff either
virtually or over the phone for 30 minutes.
Deliverable(s):
1. Acquisition tracking log
5.2.2 ROW Public Outreach
The CONSULTANT shall assist the City in preparation of an “Introduction Information Letter” for
delivery by the City on City letterhead to each property owner impacted. The letter will describe the
purpose of the project; the project schedule; identify the City’s consultants (KPFF, right of way
consultant, etc.) and the purpose of each firm.
Deliverable(s):
1. Introduction Information Letters
5.2.3 Project Funding Estimate (PFE)
Following review of the right-of-way plan, the CONSULTANT will prepare a PFE and AOS for all
impacted parcels. The PFE report will utilize consistent comparable sales and valuation techniques.
AOS will be written for those acquisitions valued under $25,000 in the PFE.
Deliverable(s):
1. Project Funding Estimates
5.2.4 Administrative Offer Summary Worksheets
Upon completion of the PFE and upon direction by the City, the real property valuation process will
begin. The CONSULTANT shall coordinate with the City to determine which parcels will require
Administrative Offer Summary (AOS) worksheets and which will require appraisals. If for some
reason appraisals are required, then the contract will be supplemented.
Deliverable(s):
1. Administrative Offer Summary (AOS) worksheets and data packages
5.2.5 Present Offers / Negotiations
Upon receipt of written approvals from the City establishing the amounts of just compensation, the
CONSULTANT will prepare offer package(s) and promptly present offers and negotiate in good faith
to reach a settlement with each property owner(s). Offers will be presented by certified mail. If
negotiations reach an impasse, the CONSULTANT shall provide the City with written notification.
Assumption(s):
1. The City shall lead face to face communications with property owners and initiate discussions
related to property owner preferences on property restoration issues, such as fence
reconstruction or private pathway tie in work to regraded sidewalks.
2. Where the project is proposing impacts to private fences near the Right of Way line, Temporary
Easement Offers for this situation may include a cost to cure based on local contractor quotes
for fence reconstruction of similar materials.
3. The CONSULTANT shall compile, or develop, informational exhibits to support the City in
discussion with parcel owners. The exhibits will highlight work to be done near the ROW line
or within the private property and show what work will be done by the City within a TCE area.
Exhibits will only be produced when verbal explanation of the proposed work have not
resolved TCE grantor questions and approval has been given by the City. The budget for such
services shall be limited to 20 hours of engineering time.
4. Offer summaries to property owners shall be initially/first delivered via certified mail sent by
the CONSULTANT.
5. Shall a circumstance arise that mail delivery is not practicable or feasible then the
CONSULTANT shall notify the City and an attempt to deliver the offer in person shall be made
by the CONSULTANT.
Deliverable(s):
1. Prepare Offer Packages, up to 20 tax parcels
2. Support Exhibits
5.2.6 Close Out
Once all acquisitions are complete, the CONSULTANT shall prepare, compile and transfer all right of
way acquisition files to the City.
Assumption(s):
1. The City shall record executed TCE’s and provide TCE documentation to the CONSULANT for
inclusion in the Contract bidding documents.
Deliverable(s):
1. ROW Acquisition Files
Task 8: Perry Residential Electrical Contract
The following Section is added to the contract.
The CONSULTANT shall develop a small works contracting package for residential electrical work
within the corridor triggered by PSE overhead electrical service relocations.
8.1 Perry Residential Electrical Contract
CONSULTANT shall develop a contracting package to perform residential electrical service connection
modifications at approximately 14 properties along Perry Avenue between East 11th and East 17th
Streets.
Bid items shall be per residence and lump sum to meet code required residential electrical system
modifications required by PSE to reconnect customer service.
Contract documents shall identify applicable electrical codes and specifications applicable to the work
product within the Contract documents and overhead relocation plans prepared by others.
Contract documents shall provide existing condition records for contractor use in bid development.
Contract documents shall include a baseline scope of work for each residence for electrical work to be
performed by the Contractor. The baseline scope of work shall be provided to the CONSULTANT by
the City.
The CONSULTANT shall not provide electrical engineering services for work within private
properties.
Assumption(s):
1. City shall provide an electronic boilerplate in word format for use by the CONSULTANT,
existing condition records, rights of entry documents and assumed electrical scope to the
CONSULANT 30 working days a minimum of twenty working days before draft submittal
submission date.
2. City shall provide comments in a draft submittal package within ten working days of submittal.
3. An Electrical Engineer will not be required to sign the contract package. The contract package
will be developed with an approach of the Contractor determining means and methods to
upgrade the residential electrical service and will be performed by electricians licensed for the
work based on overhead utility relocation plans developed by others.
4. Collection of Rights of Entry for Contractor access to private residence shall not be a service
covered under this task.
Deliverable(s):
1. Draft and Final Small Works Electrical Work Contract package
2. Bid Period Support During Advertisement
3.Design Services During Construction
City of Bremerton - East 11th and Perry Project Amendment 2 Proposed FeeTotal Fee156,631.65$ TaskTask NameFee2.52021 Survey Pickup13,091.00$ 4.3.3Perry Conveyance to East 10th Street34,722.00$ 4.8East 15th Street Watermain Design Service3,808.00$ 5.2Acquisition Services66,559.90$ 8.1Perry Residential Electrical Contract14,956.00$ Management Reserve (15%)23,494.75$ Prepared by :John McMillanDate:5/18/2021
City of Bremerton - East 11th and Perry Project Task 2-5 Survey Fee backupLump Sum 13,091.00$
Fee backupEast 11th and Perry5/17/2021Task 4.3.3 - Perry Conveyance to 10thSenior Engineer II PMSenior Engineer IIISenior Engineer IDesign Engineer IIDesign Engineer I Cad Lead CAD Drafter162.65$ 168.00$ 173.00$ 130.00$ 105.00$ 90.00$ 11570.00$ Drainage Design Report Update16408Paving Restoration Plans (8 new sheets)4 8 60 20Drainage Plan Development and Revision16 2 2020PS&E Updates to ~ 20 sheets and QC22016Water Quality Treatment Design Revision1 208Deviation Documetation82Quality Control16Total hours4027088080072Cost=6,506$ 4,536$ -$ 11,440$ -$ 7,200$ -$ 5,040$ Total=34,722.00$ Prepared by John McMillanRates Per Approved ContractRole
Fee backupEast 11th and PerryTask4.8 - East 15th Street Watermain Design ServicesSenior Engineer II PMSenior Engineer IIISenior Engineer IDesign Engineer IIDesign Engineer I Cad Lead CAD Drafter162.65$ 168.00$ 173.00$ 130.00$ 105.00$ 90.00$ 11570.00$ Prelim Design and Concept Coordination2 2020Finalize PS&E8508Deviation Documentation14Total hours011000028Cost=-$ 1,848$ -$ -$ -$ -$ -$ 1,960$ Total=3,808.00$ Prepared by KPFF - John McMillan5/18/2021Rates Per Approved ContractRole
Fee backupEast 11th and Perry5.2 TCE ServicesCostRoleSenior Acquisition AgentRate129.74$ Activity DescriptionPer Parcel# of ParcelsTotal Total HoursCommentsPFE/AOSFollowing review of the right-of-way plan, will prepare a PFE and AOS for all impacted parcels. The PFE report will utilize consistent comparable sales and valuation techniques. AOS will be written for those acquisitions valued under $25,000 in the PFE. 2 20 5,189.60$ 40ROW DocumentationAssist the Agency in developing all right-of-way documents/offer letters in accordance with the Agency’s right-of-way procedures manual for acquisition of impacted properties. Draft the acquisition documents using the Agency approved forms or QC any forms that are created directly by the Agency staff for pre-acquisition review. Pull vesting deeds, research contact information4 20 10,379.20$ 80Site VisitOne site visit per parcel52012,974.00$ 100NegotiationsWill act in good faith at all times and never coerce owners in an attempt to settle the parcels. All negotiations will start with an in-person presentation of all offers when feasible. We will identify property owner issues, concerns and differences early on and document that information in the individual parcel negotiation diaries. Will work with Agency staff throughout the negotiation process with the property owner until settlement is reached on each parcel. Write up admin settlements.10 20 25,948.00$ 200Files/Close outCreate hard files, close out files and submitted to City via USPS 2 20 5,189.60$ 40MeetingsKick off12259.48$ 2MeetingsTCE Tracking Support (6 half hour meetings and tracking support)0.5 6 389.22$ 3Mileage property visits130201,456.00$ Mileage PFE 1 visit130172.80$ Certified mail offer packages$4.002080.00$ Mail of hard file to City$8.5020170.00$ Total=62,107.90$ RoleODCRES Group Fee Breakdown
Fee backupEast 11th and Perry5.2 TCE ServicesKPFF FeeSenior Engineer II PMSenior Engineer IIISenior Engineer IDesign Engineer IIDesign Engineer I Cad Lead CAD Drafter162.65$ 168.00$ 173.00$ 130.00$ 105.00$ 90.00$ 11570.00$ 5.2.1 ROW Admin125.2.2 ROW Public Outreach5.2.3 PFE5.2.4 Administrative Offer Summary5.2.5 Present Offers / Negotiations21445.2.6 Close OutTotal hours0140140004Cost=-$ 2,352$ -$ 1,820$ -$ -$ -$ 280$ Total=4,452.00$ Prepared by John McMillan5/18/2021Rates Per Approved ContractRole
KPFF Fee BackupEast 11th and Perry8.1 Electrical ContractSenior Engineer II PMSenior Engineer IIISenior Engineer IDesign Engineer IIDesign Engineer I Cad Lead CAD DrafterProject Coordinator162.65$ 168.00$ 173.00$ 130.00$ 105.00$ 90.00$ 11570.00$ 85.00$ Develop Draft Small Works Contract40820Resolve Draft Comments and Finalize 20420Total hours06012000040Cost=-$ 10,080$ 2,076$ -$ -$ -$ -$ -$ 2,800$ Total=14,956.00$ Prepared by John McMillan5/18/2021Rates Per Approved ContractRole
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: July 14, 2021
Professional Services Agreement with LNS
Engineers, Inc. for the Downtown Library
HVAC Systems Project
COUNCIL MEETING Date: July 21, 2021
Department: PW&U
Presenter: Chris Mottner
Phone: (360) 473-2316
SUMMARY: The Public Works Department is seeking to award the Professional Services
Agreement to LNS Engineering, Inc. for the HVAC System Design, Electrical, Mechanical, Technical
Specifications and other services that are required for the construction plans and bidding documents
for the Downtown Library Building at 612 Fifth Street. Upon completion of the design, the project will
be advertised for construction this fall.
ATTACHMENTS: 1. Professional Services Agreement; 2. LNS Engineers, Inc. Fee Proposal; and
3. Supplemental Information
FISCAL IMPACTS (Include Budgeted Amount): Funds are available for this agreement within the
General Facilities Capital Improvement Budget: Library Building HVAC System Main Floor/Basement
Floor budgeted at $420,000.
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 LNS Engineering for the Downtown
Library HVAC Systems in the amount of $30,000, 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
5G
Page 1 of 7
Bremerton/LNS Engineers
Library HVAC Systems
Rev. 06/2020
PROFESSIONAL SERVICES AGREEMENT
Library HVAC Systems Project #49125
The City of Bremerton (“City”) and LNS Engineers, Inc. (“Consultant”), referred to
collectively as the “Parties,” enter into the following Agreement for professional services:
I. Scope: The Consultant agrees to perform the services more specifically described in the
Scope of Work, dated April 1, 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. Design and Permit Submittal
completion to be within 120 days from date of City’s Notice to Proceed.
III. Compensation: In consideration of the services provided pursuant to this Agreement, the
City shall pay Consultant in an amount not to exceed $30,000.00. Consultant’s charges and bills
shall conform to the fee schedule attached hereto as Exhibit A and incorporated herein by this
reference.
The Consultant shall submit regular billing statements detailing work performed and
amount charged on each task or portion thereof. The descriptions shall conform to and fall within
the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming
billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City
reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time
frame set forth in Section II herein.
Consultant shall not perform work beyond the Scope of Work, nor shall be compensated
for such work, unless the Scope of Work or amount of compensation is modified pursuant to this
Agreement. Consultant shall only be compensated for additional services if requested pursuant to
Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit
A.
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 o f the
City. Consultant and its personnel have no authority to bind the City or to control the City’s
Page 2 of 7
Bremerton/LNS Engineers
Library HVAC Systems
Rev. 06/2020
employees and other Consultants. None of the benefits provided by the City to its employees,
including, but not limited to, compensation, insurance, and unemployment insurance are available
from the City to the employees, agents, representatives, or sub-consultants of the Consultant.
Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents,
employees, representatives and sub-consultants during the performance of this Agreement. The
City may, during the term of this Agreement, engage other independent Consultants to perform
the same or similar work.
As an independent Consultant, Consultant is responsible for its own management. The
City’s administration and enforcement of this Agreement shall not be deemed an exercise of
managerial control over Consultant or its personnel.
As an independent Consultant, Consultant is responsible for payment of all taxes and
licensing fees necessary to perform its obligations under this Agreement. These taxes and fees
include but are not limited to State industrial insurance, Business & Occupation, State professional
licensing, and City business licensing. If any taxes or fees due the City have been declared
delinquent, the City may withhold the delinquent amount, plus any additional charges arising from
the delinquency, from any payments due Consultant.
V. Indemnification:
A. Consultant shall defend, indemnify and hold the City, its officers, officials,
employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the
performance of this Agreement except for that portion of the injuries and damages caused by the
City’s sole negligence, unless Consultant is conducting work pursuant to Subsection B below.
The City's review or acceptance of any of the work when completed shall not be grounds
to avoid any of these covenants of indemnification.
B. Architects, Engineers and Any Other Professional Listed In and Performing
Services Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that
Consultant’s services provided pursuant to this Agreement is subject to RCW 4.24.115, then, in
the event of liability for damages arising out of bodily injury to persons or damages to property
caused by or resulting from the concurrent negligence of the Consultant and the City, its officers,
officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to
the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER
OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE
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.
Page 3 of 7
Bremerton/LNS Engineers
Library HVAC Systems
Rev. 06/2020
VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Consultant, its agents,
representatives, employees, sub-consultants or sub-contractors.
Before beginning work on the project described in this Agreement, the Consultant shall
provide a Certificate of Insurance evidencing:
1. Automobile Liability insurance with limits no less than $1,000,000 combined
single limit per accident for bodily injury and property damage; and
2. Commercial General Liability insurance written on an occurrence basis with
limits no less than $1,000,000 combined single limit per occurrence and general
aggregate for personal injury, bodily injury and property damage. Coverage shall
include but not be limited to: blanket contractual; products/completed
operations/broad form property damage; explosion, collapse and underground
(XCU) if applicable; and
3. Excess Liability insurance with limits not less than $1,000,000 limit per
occurrence and aggregate; and
4. Professional Liability insurance with limits no less than $1,000,000 limit per
occurrence/claim; and
5. Workers Compensation insurance as statutorily required by the Industrial
Insurance Act of the State of Washington, Title 51, Revised Code of Washington
and employer's liability with limits not less than $1,000,000.
Any payment of deductible or self-insured retention shall be the sole responsibility of the
Consultant.
All required policies shall be provided on an “occurrence” basis except professional
liability insurance (if required), which may be provided on a “claims-made” basis.
The City shall be named as an additional insured on the Commercial General Liability
insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an
endorsement that is acceptable to the City, which names the City as an additional insured shall be
attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of
all the required insurance policies and endorsements. The City further reserves the right to reject
any unacceptable policies and/or endorsements.
The Consultant's Commercial General Liability insurance shall contain a clause stating that
coverage shall apply separately to each insured against whom claim is made or suit is brought,
except with respects to the limits of the insurer's liability.
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
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Bremerton/LNS Engineers
Library HVAC Systems
Rev. 06/2020
obligation upon Consultant to advise the City’s Risk Manager by fax at (360) 473-5161, or by
certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6th
Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or
substantive change of any insurance policy set out herein, and failure to do so shall be construed
to be a breach of this Agreement.
The City also reserves its unqualified right to require at any time and for any reason, proof
of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence
of coverage.
In the event that the Consultant employs other consultants or contractors (sub-consultants
or sub-contractors) as part of the work covered by this Agreement, it shall be the Consultant’s
responsibility to require and confirm that each sub-consultant or sub-contractor meets the
minimum insurance requirements specified above. The Consultant shall, upon demand of the City,
deliver to the City copies of such policy or policies of insurance and the receipts for payment of
premiums thereon.
VII. General Conditions:
A. Reports and Information: When requested by the City, Consultant shall furnish
periodic reports and documents on matters covered by this Agreement. The reports and documents
shall be furnished in the time and form requested. Consultant shall maintain accounting records
in accordance with Generally Accepted Accounting Principles (“GAAP”) to substantiate all billed
amounts.
B. Ownership and Use of Records and Documents: Original documents, drawings,
designs and reports, including those in electronic format, developed under this Agreement are the
property of the City. All written information submitted by the City to the Consultant in connection
with the services performed by the Consultant under this Agreement will be safeguarded by the
Consultant to at least the same extent as the Consultant safeguards like information relating to its
own business. If such information is publicly available or is already in Consultant's possession or
known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no
responsibility for its disclosure, inadvertent or otherwise.
All data, documents and files created by Consultant under this Agreement may be stored
at Consultant's office in Gig Harbor, 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.
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C. Use of Photographs and Images. Consultant shall not use or distribute photographs
or images depicting City officials, personnel, property, or equipment whether prepared by
Consultant or provided by City without prior written consent of the City. The City will not
unreasonably withhold its consent.
D. Work Performed at Consultant's Risk: Consultant shall take all precautions
necessary and shall be responsible for the safety of its employees, agents, and sub -consultants in
the performance of the work hereunder and shall utilize all protection necessary for that purpose.
All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss
of or damage to materials, tools, or other articles used or held for use in connection with the work.
E. Place of Work: The Consultant shall perform the work authorized under this
Agreement at its offices in Gig Harbor, 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: Chris Mottner Attn: Larry Storset
City of Bremerton LNS Engineers, Inc.
345 6th Street, Suite 100 PO Box 2598
Bremerton, WA 98337-1891 Gig Harbor, WA 98335
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
Page 6 of 7
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in one or more instances shall not be construed to be a waiver or relinquishment of said covenants,
agreements or options, and the same shall be and remain in full force and effect.
L. Compliance with Laws: Consultant shall comply with all applicable Federal, State,
and local laws in performing its obligations under this Agreement.
M. Choice of Law and Venue: This Agreement shall be interpreted according to the
laws of the State of Washington. Any judicial action to resolve disputes arising out of this
Agreement shall be brought in Kitsap County Superior Court.
N. Attorneys’ Fees: In the event of litigation to enforce any of the terms or provisions
herein, each party shall pay all its own costs and attorney’s fees.
O. Assignment: Any assignment of this agreement by the Contractor without the
written consent of the City shall be void.
VIII. Equal Employment Opportunity Statement: In the hiring of employees for the
performance of work under this Agreement, the Consultant, its subcontractors, or any person
acting on behalf of Consultant shall not discriminate in any employment practice on the basis of
age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status,
military status, or the presence of any physical, mental or sensory disability.
IX. ADA Statement: The City of Bremerton does not discriminate on the basis of disability
in programs and activities, which it operates pursuant to the requirements of the Americans with
Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment
and admission to participation in the programs, services and activities of the City of
Bremerton. Reasonable accommodation for employees or applicants for employment will be
provided.
X. Termination: This Agreement shall remain in force until completion and acceptance of
the services, terminated by written instrument upon mutual consent, or by the City of Bremerton
for convenience. This Agreement may be immediately terminated for cause by a Party if the other
Party substantially fails to perform through no fault of the terminating Party, and the non -
performing Party does not commence correction of the failure of performance within thirty (30)
days of the terminating Party’s sending notice to the non-performing Party. Any Notice by
Consultant shall include a report showing the status of all items listed in the Scope of Work current
through the termination date.
If the City receives reimbursement by any federal, state, or other source for work described
in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is
cancelled or substantially reduced after the execution date of this Agreement and prior to the
completion of the work, the City may summarily terminate this Agreement.
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,
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equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any
acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not
reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond
the control and without the fault or negligence of the Consultant, including, but not restricted to,
acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that
the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause
of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly
excusable, the City shall, in writing, extend the time for completing the work for a period of time
commensurate with the period of excusable delay.
B. Rights Upon Termination: In the event of termination, the City shall pay for all
services performed by the Consultant to the effective date of termination, as described on a final
invoice submitted to the City. After termination, the City may take possession of all records and
data within the Consultant's possession pertaining to this project which may be used by the City
without restriction. Any such use not related to the project which Consultant was contracted to
perform shall be without liability or legal exposure to the Consultant.
XI. Suspension & Debarment. For contracts involving Federal funding, Consultant hereby
certifies, by signing this agreement, that neither it nor its principals are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation
in this transaction by any Federal department or agency. Consultant shall provide immediate
written notice to the City if at any time it learns that it is or has become ineligible for certification.
Should Consultant enter into a covered transaction with another firm, Consultant agrees by signing
this agreement that it will verify that the firm with whom it intends to do business is not debarred,
suspended, ineligible, excluded or disqualified.
IN WITNESS WHEREOF, the parties below have executed this Agreement.
CITY: CONSULTANT:
CITY OF BREMERTON LNS Engineers, Inc.
By: By:
Print Name: Print Name:
Its: Its:
Date: Date:
APPROVED AS TO FORM: ATTEST:
By: By:
, Bremerton City Attorney Angela Hoover, City Clerk
R:\Legal\Legal\Forms\FORMS ON COBWEB\Professional Services Agreement Rev. 06 2020.docx
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: July 14, 2021
Local Agency Contract with Active
Construction, Inc. for the Kitsap Way
(SR310) and Warren Avenue (SR303)
Traffic Signal and Multimodal Safety Project;
and related Budget Adjustment
COUNCIL MEETING Date: July 21, 2021
Department: Public Works
Presenter: Andrea Archer-Parsons
Phone: (360) 473-2317
SUMMARY: The City bid the project with a bid opening on June 24, 2021 and 3 bids were received.
The lowest bid from Sound Pacific, Inc. was determined to be irregular and rejected as the bid
included incorrect proposal forms. The second low bid from Active Construction, Inc. is the lowest
responsive, responsible bidder. The bid includes a base bid with two bid alternates. The Base Bid
amount is $2,324,998.00 and constructs bike lane improvements, pedestrian safety improvements,
and traffic signal improvements on Kitsap Way, Warren Avenue and Wheaton Way. Bid Alternate #1
is for a pedestrian safety island at the Kitsap Way and 11th Street intersection in the amount of
$163,575.00. Bid Alternate #2 is for side street lighted signs at several signals along Kitsap Way and
SR 303 in the amount of $85,000.00. Staff recommends awarding the contract with Base Bid plus
Bid Alternate #1 in the amount of $2,488,573.00, including sales tax. The Washington State
Department of Transportation (WSDOT) is required to concur with City’s recommendation to award
the contract; Staff has requested the concurrence and recommends the bid for approval. The
contract is in WSDOT standard format as required for Federal Aid Projects; the complete contract is
available for review in the Engineering Office.
ATTACHMENTS: 1) Vicinity Map; 2) Bid Tabulation; 3) Contract 4) Fiscal Summary 5) Power Point
Presentation
FISCAL IMPACTS (Include Budgeted Amount): The project is budgeted in the 2021
Transportation Capital Budget for $2,240,000. Costs for the project are estimated at $2,950,000.
The budget shortfall is $710,000. W SDOT has agreed to provide an additional grant amount of
$374,000. A budget adjustment of $336,000 to the Transportation Capital Budget is proposed from
Fund Balance.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to award construction of the Kitsap Way (SR310) and Warren Avenue (SR303) Traffic Signal
Multimodal Safety Project to Active Construction, Inc. in the amount of $2,488,573.00, including sales
tax; and authorize the Mayor to finalize and execute the agreement with substantially the same terms
and conditions as presented; and further authorize a budget adjustment to the Transportation Capital
Fund.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
6A
ALT. 1 ALT. 2
$139,000.00 $120,000.00
CITY OF BREMERTON
BID TABULATION
BOND TOTALNAME OF BIDDER
OPENED BY:
6/24/2021 TIME
OPENED:
Kitsap Way (SR310) and Warren Avenue (SR303) Traffic Signal and
Multimodal Safety
1:00 P.M.Andrea Archer-Parsons, P.E., Project
Manager
Angela Hoover, CMC, City ClerkBID TITLE:
BASE BID
Titan Earthwork Yes $2,812,627.00
Active Construction, Inc.Yes $2,573,573.00 $2,324,998.00 $163,575.00 $85,000.00
$2,553,627.00
Sound Pacific Construction Yes $2,473,460.00 $2,229,660.00 $158,800.00 $85,000.00
SECOND LOW BIDDER $2,573,573.00
THIRD LOW BIDDER $2,812,627.00
DATE
OPENED:RECORDED BY:
$1,904,459.00 ENGINEER ESTIMATE (INC SALES TAX)
APPARENT LOW BIDDER $2,473,460.00
SUMMARY
LOCAL AGENCY CONTRACT
City of Bremerton
Active Construction, Inc.
Kitsap Way (SR310) and Warren Avenue (SR303) Traffic Signal and Multimodal Safety Project
HSIP-000S(525)
City of Bremerton
Mayor
Active Construction, Inc.
David Ceccanti, President
2021 6th Street Preservation Phase II
Fiscal Summary
June 2021
FISCAL SUMMARY
2021 Kitsap Way (SR310) and Warren Avenue (SR303) Traffic Signal and
Multimodal Safety Project
The Kitsap Way (SR310) and Warren Avenue (SR303) Traffic Signal and Multimodal Safety
Project budgeted in the 2021 Capital Improvement Plan for $2,240,000. The total estimated cost
to complete the project was updated to include the bid amount and the resulting cost is now
estimated at $2,950,000.
The additional funding sources are proposed as follows:
Fund Source 2021 CIP
Current Amount ($)
Increase ($) Revised Amount ($)
FHWA Grant $2,195,572 $374,000* $2,569,572
REET $44,428 $0 $44,428
Fund Balance $0 $336,000 $336,000
Total $2,240,000 $710,000 $2,950,000
*Supplemental federal aid grant received by WSDOT for construction cost overage.
Kitsap Way & Warren Avenue
Multimodal Safety Project
FHWA funded by the Highway Safety Improvement Program (HSIP)
Study Session
Wednesday, July 14, 2021
Project
Vicinity Map
–SR 303
Corridor
Project Vicinity Map –SR 310 Corridor
Scope of Work –Base Bid:
•Kitsap Way Corridor (SR 310)
•Signal upgrades, pavement markings, pedestrian refuge islands, and green bike
lane markings
•Warren Avenue & Wheaton Way (SR 303)
•Signal upgrades
Scope of Work -Alternatives
Alternative #1 ($163,575.00):
•Pedestrian Refuge Island on the East Side of 11th and Kitsap Way Intersection
Alternative #2 ($85,000.00):
•Lighted Street Signs coming from Side Streets
Recommendation: Base Bid + Alternative #1
Funding and Budget Information:
Fund Source 2021 CIP
Current Amount ($)
Increase ($)Revised Amount ($)
FHWA Grant $2,195,572 $374,000*$2,569,572
REET $44,428 $0 $44,428
Fund Balance $0 $336,000 $336,000
Total $2,240,000 $710,000 $2,950,000
*Supplemental federal aid grant received by WSDOT for construction cost overage.
Questions?
From: Charlie Michel <michelbike99@gmail.com>
Sent: Tuesday, July 20, 2021 3:53 PM
To: City Council <City.Council@ci.bremerton.wa.us>
Cc: Shane Weber <Shane.Weber@ci.bremerton.wa.us>; Thomas Knuckey
<Thomas.Knuckey@ci.bremerton.wa.us>; Ned Lever <Ned.Lever@ci.bremerton.wa.us>
Subject: Refuge Islands on Kitsap Way
Submitted on behalf of myself and Paul Dutky. Councilman Simpson, last week at the council meeting,
asked for justification to installing refuge islands as part of the Kitsap Way project. The attachment
supports and expands upon Shane Weber’s comments.
Also, we wish to express our gratitude to Public Works committee and staff for their work in 2021 on
Kitsap Way, Harlow Drive, the Downtown business loop of bike lanes in/out of the ferry terminal, and
Austin Drive bike facilities. We applaud this emphasis on Safety for all of the public.
Charlie Michel
(360) 830-4984 Home
(360) 710-0616 Mobile
Bremerton Public Works department is asking for an adjustment to the existing
budget for the Kitsap Way Bike and Pedestrian Improvements Project to add a
pedestrian refuge island at an existing controlled (traffic light) crosswalk. The
width of Kitsap Way in this location is 84 feet, much wider than any other street
location in Bremerton. Traffic speeds often exceed 40 mph in this 35-mph zone.
There are four 11-foot travel lanes, a wider center turn lane, two bike lanes and
an additional 18 feet of shoulder. Traffic volumes are very high, possibly 32,000
average daily trips.
The City’s Complete Streets Ordinance states “Transportation improvements
shall be viewed as opportunities to create safer, more accessible streets for All
Users” and they should “implement complete streets best practices” as identified
in national guidelines, such as the National Association of City Transportation
Officials (NACTO) publications.
NACTO states: “Refuge islands are highly desirable for midblock pedestrian
crossings on roads with four or more travel lanes, especially where speed limits
are 35 mph or greater and/or where annual average daily traffic (ADT) is 9,000 or
higher.” (Kitsap Way in this location exceeds all these criteria).
The Federal Highway Administration (FHWA) states pedestrian refuge islands
are one of only a handful of proven safety countermeasures. The FHWA
guideline goes on to state:
“Pedestrian crashes account for approximately 15 percent of all traffic fatalities
annually, and over 75 percent of these occur at non-intersection locations.1 For
pedestrians to safely cross a roadway, they must estimate vehicle speeds, adjust
their walking speed, determine gaps in traffic, and predict vehicle paths. Installing
raised medians or pedestrian crossing islands can help improve safety by
simplifying these tasks and allowing pedestrians to cross one direction of traffic
at a time.
Transportation agencies should consider medians or pedestrian crossing islands
in curbed sections of urban and suburban multi-lane roadways, particularly in
areas with a significant mix of pedestrian and vehicle traffic and intermediate or
high travel speeds.” FHWA states pedestrian crossing islands reduce pedestrian
crashes 56%.
The number of pedestrians using the existing facility on Kitsap Way is irrelevant
to any decision making. The facility exists. Bremerton built it for the express
purpose of enhancing safety for pedestrians who cross at this location. The
facility is substandard. Improvements like this should be made during capital
improvement projects to save money, and because the city’s complete streets
ordinance mandates it. Generically, we understand there is about a 30% cost
advantage to doing this work now, in conjunction with the other work, rather than
stand-alone sometime in the future.
Charlie Michel, Paul Dutky
NACTO guidance : https://nacto.org/publication/urban-street-design-guide/intersection-
design-elements/crosswalks-and-crossings/pedestrian-safety-islands/
FHWA guidance : https://safety.fhwa.dot.gov/provencountermeasures/ped_medians/
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Contract Modification Study Session Date: July 14, 2021
Agreement No. 1 with KPG for the Marine
Drive Water Main Replacement Project
COUNCIL MEETING Date: July 21, 2021
Department: Engineering
Presenter: Bill Davis
Phone: (360) 473-2312
SUMMARY: Contract Modification No. 1 amends the Professional Services Agreement with KPG for
engineering services associated with the Marine Drive Water Main Replacement. The supplemental
scope of work includes construction management services and additional surveying as requested by
the City. The original contract amount was $203,500. This current contract modification increases
the contract amount by $93,866.50 for an amended contract amount of $297,366.50.
ATTACHMENTS:
1. Contract Modification Agreement No. 1 with Exhibits A and B; and 2. Power Point
Presentation Added
FISCAL IMPACTS (Include Budgeted Amount): The work is fully funded in the 2021 Water Capital
budget.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve Contract Modification No. 1 with KPG for the Marine Drive Water Main
Replacement Project in the amount of $93,866.50; 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
6B
Updated
Page 1 of 2
Contract Modification No. 1 June 2021
Marine Drive Water Main Replacement
CONTRACT MODIFICATION AGREEMENT NO. 1
BETWEEN THE CITY OF BREMERTON AND KPG
PROJECT: Marine Drive Water Main Replacement
CONSULTANT:
DATE: June 24, 2021
THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE
Marine Drive Water Main Replacement AGREEMENT (the "Contract") entered into
between the City of Bremerton and KPG on November 20, 2020).
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 Amended Scope of Work attached as
Exhibit A.
Section II. Term , is modified as follows:
The work shall be completed by December 15, 2021.
Section III. Compensation , is modified as follows:
The original contract amount was $203,500. Contract Modification No. 1 increases the contract
amount by $93,866.50, resulting in an amended contract amount of $297,366.50. Exhibit B
shows a breakdown of the costs and fee.
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
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.
Page 2 of 2
Contract Modification No. 1 June 2021
Marine Drive Water Main Replacement
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)
KPG, P.S. THE CITY OF BREMERTON
By: By:
Print Name: Print Name: Greg Wheeler
Its: Its: Mayor
Date:
ATTEST:
B y:
ANGELA HOOVER, City Clerk
NOTICES TO BE SENT TO:
Attn: Angela Hoover
City of Bremerton
345 6th Street, Suite 100
Bremerton, WA 98337-1891
Date:
APPROVED AS TO FORM:
By:
, Bremerton City Attorney
NOTICES TO BE SENT TO:
Attn: Jeff Kreshel
KPG, P.S.
2502 Jefferson Avenue
Bremerton, WA 98337
R:\Legal\Legal\Forms\FORMS ON COBWEB\Contract Modification Rev. 10 2019.docx
City of Bremerton, Marine Drive Water
Main Replacement
Construction Management Services
Scope of Work
Page 1 of 4 KPG
Project #20102
June 2021
EXHIBIT A
Project Scope of Work
June 2021
Construction Services
This work will provide part time construction management services for the construction contract to complete
the City of Bremerton, Marine Drive Water Main Replacement project (hereinafter called “Project”). These
services will include project management, survey support for monument perpetuation, and contract
administration during the construction of the project, as detailed below. KPG (“Consultant”) will provide to
the City of Bremerton, Washington (“City”) construction management and engineering services for the
project. A detailed scope for the Contract follows:
I.INTRODUCTION
The following scope of services and associated costs are based upon the assumptions outlined below.
Assumptions:
The proposed project team will include a part-time project manager, a half-time resident
engineer, a one-third (1/3) -time documentation specialist and survey crew for monument
perpetuation. Necessary sub-consultants to provide services for materials testing shall be provided
by the City. The City shall also provide an inspector for this project that will work with the
Consultants staff. The level of services is based on a project duration of 100 calendar days
to reach Substantial Completion or approximately 4 months. The Fee structure is based on 70
Working Days anticipated within the 100 Calendar days, plus 1 week of start up time and 2 weeks
of project closeout work or 85 Days total of Part Time work.
Services will be performed in accordance with the Local Agency Guidelines (LAG), the City
Standards and Details, and the WSDOT Construction Manual.
Services considered incidental to this work include management of temporary construction licenses
secured by the City. The consultant will also direct the work of the Contractor consistent with said
licenses as well as the terms of any easements secured for project improvements.
Hours of work. Work is anticipated to take place during daylight hours on a single shift of 8
hours per day, 5 days per week. No night or weekend work is anticipated as part of this scope of
services.
II.SCOPE OF WORK
TASK 1 – MANAGEMENT/COORDINATION/ADMINISTRATION
City of Bremerton, Marine Drive Water
Main Replacement
Construction Management Services
Scope of Work
Page 2 of 4 KPG
Project #20102
June 2021
Provide overall project management, coordination with the City, monthly progress reports, and invoicing.
This effort will include the following elements.
Organize and layout work for project staff. Prepare project instructions on
contract administration procedures to be used during construction.
Review monthly expenditures, prepare invoice and submit project progress letter to the City.
TASK 2 – PRECONSTRUCTION SERVICES
Preconstruction Conference: The City will prepare an agenda for, distribute notices of, and conduct
a preconstruction conference in the City’s offices or via remote platform of the City’s choice. The
Consultant’s resident engineer, and document specialist will attend the preconstruction conference. The
City will prepare a written record of the meeting and distribute copies of the notes to all attendees
and affected agencies, staff, etc.
TASK 3 – CONSTRUCTION SERVICES
Field / Office Support Services:
The Consultant shall provide the services of one part-time resident engineer, part-time documentation
specialist, and other tasks necessary to monitor the progress of the work. Construction staff shall
oversee the following items of work, on the project site, and will observe the technical progress of
the construction, including providing day-to-day contact with the Contractor and the City. As part time
services do not allow a full assessment of work performed on a daily basis the City inspector shall be the
main point of contact for the Contractor in the field.
The presence of the Consultant’s part-time personnel at the construction site is for the purpose of
providing to the City a greater degree of confidence that the completed work will generally conform
to the Contract Documents and that the integrity of the design concept as reflected in the Contract
Documents has been implemented and preserved by the construction Contractor(s). The Consultant’s
personnel shall act in accordance with Section 1-05.1 and 1-05.2 of the current WSDOT Standard
Specifications. The Consultant will endeavor to protect all parties against defects and deficiencies in
the work of the Contractor(s), but cannot guarantee the Contractors’ performance and shall not be
responsible for construction means, methods, techniques, sequences of procedures, or for safety
precautions and programs in connection with the work performed by the construction contractor(s) and
any subcontractors.
Document Control. Original documentation will be housed at the Consultant’s office and filed in
accordance with standard filing protocol. Document control by the Consultant shall consist of the following:
Monthly Pay Estimate – Contractor shall submit applications for payment. Consultant to
work with City inspector for review and acceptance for incorporation into monthly pay
estimate
Submittal Log – Log submittals received
RFI Log – Log RFI’s from the Contractor and track reply dates
C.O. Log – Log C.O. as required
Material Testing – Log test reports as provided by City Inspector
Weekly Meetings – Create agenda and take notes and distribute meeting notes
Weekly Statement of Working Days – Input information from City Inspector and Distribute
Retainage Account Information – City to finalize this document
Intent to Pay Prevailing Wages – Consultant to review and approve Intents
Requests to Sublet – Consultant to review and approve
City of Bremerton, Marine Drive Water
Main Replacement
Construction Management Services
Scope of Work
Page 3 of 4 KPG
Project #20102
June 2021
Certified Payrolls – Consultant to review once a month up to Substantial Completion
Affidavit of Wages Paid – City to finalize Affidavits after Substantial Completion
Final Completion Letter – City to finalize this project after Substantial Completion
Acceptance of Compensation and Release of All Claims – City to finalize this document
after Substantial Completion
Project Coordination: Liaison with City on a regular basis to discuss project issues and status. Coordinate
with utilities, and community outreach issues through the City provided inspector.
Plan Interpretations: Provide technical interpretations of the drawings, specifications, and contract
documents, and evaluate requested deviations from the approved design or specifications. Coordinate
with City for resolution of issues involving scope, schedule, and/or budget changes.
Weekly Meetings: Lead weekly meetings, including preparation of agenda, meeting minutes, and
distribution of minutes to attendees. Outstanding issues to be tracked on a weekly basis.
Initial Schedule Review: Perform detailed schedule review of contractor provided CPM for
conformance with the contract documents.
Monthly Pay Requests: Prepare monthly requests for payment, review with the City Inspector and
contractor and approve, as permitted. Utilize City provided format for pay estimates, or Consultant format.
Monthly Schedule Review: At the monthly cutoff, review contractor’s updated schedule and compare
with field-observed progress, as described in Section 1-08 of the Special Provisions. In addition, perform
schedule analysis on contractor provided CPM updates and review schedule for delays and impacts.
Coordinate with Contractor in the development of recovery schedules, as needed, to address delays
caused by either events or issues within the Contractor’s control or other events or issues beyond the
Contractor’s control.
Submittals: Coordinate review process for shop drawings, samples, traffic control plans, test reports,
and other submittals from the Contractor for compliance with the contract documents. Key submittals to
be transmitted to the City for their review and approval. Submittals shall be logged and tracked.
Request for Information (RFI): Review and respond to RFI’s or distribute as necessary for engineer’s input.
RFI’s shall be logged and tracked.
Change Orders: Develop change orders, provide technical assistance to negotiate change orders, and
assist in resolution of disputes which may occur during the course of the project. A total of 24 man-
hours have been included in the cost for these services.
Cost Projections: Prepare one cost projection for the project. Projection to be based on the current
amount paid to date, pending change orders, quantity projections, and other information.
On Site Inspection: The City shall provide an on-site inspector for this project. The on-site inspector shall
provide the Consultant with daily field inspection reports, monthly field note records for pay estimate
processing, any material verification forms required by City, and any other field documentation needed for
project support. The on-site inspector shall coordinate any material testing required in the field. All field
tests shall be sent to the Consultant for tracking and logging. Any failing tests the City inspector shall work
with the Contractor to resolve.
Survey Support for Monument Perpetuation:
Reference points (RP’s) set to be able to re-establish monument position
Fill out DNR monument destruction paperwork
Stake out the monument position for contractor to install
Center-punch the monument
City of Bremerton, Marine Drive Water
Main Replacement
Construction Management Services
Scope of Work
Page 4 of 4 KPG
Project #20102
June 2021
Complete DNR paperwork to document installation
TASK 4 – PROJECT CLOSEOUT
Record Drawings: Shall be addressed by Project Engineer under separate design budget.
Substantial Completion Letter: Following notification from Contractor of Substantial Completion,
perform a site review to evaluate site conditions. If site conditions allow, recommend that the City accept
the project as Substantially Complete. City to execute the final version of the Substantial Completion letter.
Project Closeout: Transfer all project documents to the City for permanent storage upon reaching
Substantial Completion. Two weeks after Substantial Completion have been assumed in the fee for close
out work by the Consultant. Any work beyond the two weeks will be negotiated for compensation. The
Consultant cannot guarantee City’s Contractor responsiveness to close out documentation. Assistance
to reach Final Completion may be negotiated at a later date if requested by the City.
Management Reserve:
The services described under this task, and any other additional services requested by the City, will be
performed only when authorized by the City. Authorization to perform additional services will be in the
form of a supplement to this agreement, specifying the work to be performed, and basis of payment. A
total of 10% (or $8,351.50) has been included in the cost for services as a placeholder.
Provide any additional services resulting from changes in scope or design of the project. Changes
include, but are not limited to, changes in size, complexity, the schedule, character of construction,
or method of financing.
Provide claims analysis and assistance in resolving claims that are protracted in nature and
beyond the scope of the change order process described herein.
Other activities deemed necessary by the City.
III.DELIVERABLES
i.Preconstruction meeting agenda and minutes (Draft and Final)
ii.Test Report Log
iii.Weekly meeting minutes
iv.Certificate of Substantial Completion with punchlist
v.Monthly contractor pay requests
vi.Cost projection – 1 Each
vii.Physical completion letter and recommendation of final acceptance letter – By City
viii.All project records at Substantial Completion, including submittals, RFI’s, change orders,
correspondence, DNR Documentation for monuments, and other information as needed.
ix.Record Drawings
EXHIBIT B
PRIME CONSULTANT COST COMPUTATIONS
Client:City of Bremerton
Project: Marine Drive Water Main Replacement No. 4555
KPG, P.S. PROJECT NUMBER: 20102
70 working days + 1 week startup and 2 weeks closeout = 85 days
DATE:6/24/2021
Task No.Task Description
Labor Hour Estimate
Total Hours and Labor Fee
Estimate by Task
PrincipalProjectSurveyorSenior FieldSurveyorFieldSurveyorSeniorConstructionManagerResidentEngineerDocumentControlSpecialistSenior Admin262 148 123 111 224 130 117 107 Hours Fee
Task 1 - MANAGEMENT / COORDINATION / ADMINISTRATION
1.1 Project Management and Administrative Services 10 10 12 32 $6,144.00
1.2 Prepare, review and submit monthly expenditures 5 5 $1,120.00
Task Total 10 0 0 0 15 0 0 12 37 $7,264.00
Task 2 - Preconstruction Services
2.1 Attend and take notes at Pre-con 2 3 5 $611.00
Task Total 0 0 0 0 0 2 3 0 5 $611.00
Task 3 - Construction Services
3.1 Field / Office Support Services 300 200 500 $62,400.00
3.2 Survey Support for Monument Perpetuation 4 12 12 28 $3,400.00
Task Total 0 4 12 12 0 300 200 0 528 $65,800.00
Task 4 - Project Closeout
4.1 Substantial Completion work, Transfer documents to City 4 40 32 76 $9,840.00
0 $-
Task Total 0 0 0 0 4 40 32 0 76 $9,840.00
Total Labor Fee 2,620 592 1,476 1,332 3,360 39,260 23,751 1,284 570 $83,515.00
Management Reserve
4.1 Upon City Authorization Only (10%) 0 $8,351.50
Task Total 0 0 0 0 0 0 0 0 0 $8,351.50
Reimbursable Direct Non-Salary Costs
Mileage at current IRS rate $1,500.00
Reproduction Allowance $500.00
Total Reimbursable Expense $2,000.00
Total Estimated Budget $93,866.50
MARINE DRIVE
WATER MAIN REPLACEMENT
JULY 21, 2021
WORK
LOCATION
Intersection of Marine Drive and
Rocky Point Road SW
Marine Drive, starting south of The
Cedars and extending to end of
Marine Drive
SCOPE
REPLACE 5600 FEET OF WATER MAIN TO IMPROVE FIRE FLOW AND REPLACE
OUTDATED INFRASTRUCTURE
OVERLAY ROADWAY WITH NEW ASPHALT IN IMPACTED AREAS.
SCHEDULE
CONSTRUCTION DURING SUMMER 2021
TO BE COMPLETED BY END OF OCTOBER 2021
BUDGET
FROM THE WATER FUND, BUDGETED FOR $2.5M IN 2021
PROJECT OVERVIEW
CM SERVICES REQUIRED THROUGH DURATION OF CONSTRUCTION (JULY THROUGH
OCTOBER)
HALF-TIME RESIDENT ENGINEER & ONE-THIRD TIME ADMINISTRATIVE STAFF THROUGH
CONSTRUCTION PHASE. WORK INCLUDES:
o SUBMITTAL REVIEW, RFI RESPONSE, REVIEW PAY ESTIMATES, ON-SITE ISSUE RESOLUTION,
COORDINATE WITH PROPERTY OWNERS, PRESIDE AT CONSTRUCTION MEETINGS,
CONSTRUCTION RECORD DEVELOPMENT, ETC.
KPG CONSTRUCTION
MANAGEMENT SERVICES
PROJECT COST SUMMARY (ESTIMATED)
Cost Item Amount
Design Engineer (KPG)$203,500
Construction (Pape & Sons)$2,018,000
City staff (design support, admin, CM
support, inspection)
$84,300
Construction Management (KPG)$94,000
Materials Testing $23,000
Other $21,500
TOTAL $2,444,300
2021 budget = $2.5M
QUESTIONS?
Project Contacts:
Bill Davis –Managing Engineer-Utilities
(360) 473-2312
Robert Endsley –Civil Engineer II
(360)473-2348
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Purchase a Wildland Fire
Engine from Bud Clary Ford Hyundai of
Longview, WA
Study Session Date: July 14, 2021
COUNCIL MEETING Date: July 21, 2021
Department: Fire
Presenter: Pat McGanney, Fire Chief
Phone: (360) 473-5380
SUMMARY: The fire department is proposing to purchase one Wildland Fire Engine with equipment.
The total cost for the (1) one Vehicle is $169,999.87 including Washington State sales tax. The Fire
Department is utilizing State Contract No. 05916 for the chassis from Bud Clary Ford, No.01117 for
the flat bed and Tool Boxes from the Fab Shop and No. GS-07F-0311Y for the tank and pump from
Mallory Fire.
ATTACHMENTS: Quotes from Bud Clary Ford, The Fab Shop and Mallory Fire. Spread sheet of
cost and a picture of a Wildland Engine.
FISCAL IMPACTS (Include Budgeted Amount): This was budgeted 2020 budget and carried over
to the 2021 budget. The total cost for the (1) one vehicle is $169,999.87.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve the purchase of (1) one Wildland Fire Engine with equipment in the amount of
$169,999.87, including Washington State sales tax.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
6C
Wildland Engine with EquipmentCost with TaxChassis 67,572.22$ Purchased off State Contract #05916.Bed/Cabinets 30,290.20$ Purchased off of State Contract #01117Pump/Tank36,159.45$ Purchased off of GSA Contract #GS‐07F‐0311YEquipment $ 22,978.00 Miscellaneous equipment assigned to this vehicle to be purchased via state contract (i.e. fire hose, hand tools, portable pumps, chain saw)Lighting/Radio 10,000.00$ Work to be complete by the City Fleet shop.Striping 3,000.00$ Work to be completed by Mark Dalton StudiosTotal Cost 169,999.87$
ws)
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Authorize Increase from
0.4 FTE to 0.6 FTE City Auditor
Study Session Date: July 14, 2021
COUNCIL MEETING Date: July 21, 2021
Department: Auditor
Presenter: Audit Committee Chair
Leslie Daugs
Phone: (360) 473-5280
SUMMARY: The Auditor position has been operating in a part-time capacity since 2016. The Audit
Committee is requesting funding for a minimum additional 8 hours/week, so that the Auditor can
provide effective independent oversight; complete additional internal audits; provide assistance
regarding ethics complaints; and assure the Administration and Taxpayers that additional safeguards
and internal controls are in place for the City’s assets.
ATTACHMENTS: 1) 2021-2022 Audit Work Plan Presentation; 2) Audit Work Plan; 3) Sales Tax
Revenue Audit Project Outline; and 4) 2021 Management, Professional, Confidential & Fiduciary
Salary Schedule
FISCAL IMPACTS (Include Budgeted Amount): Labor and benefits increase for the 2021 budget is
estimated through December 31 at $17,120.
STUDY SESSION AGENDA: ☐ Limited Presentation ☒ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to authorize the increase to 0.6 FTE City Auditor; and approve a $17,120 increase to the 2021
labor budget of the General Fund.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/18
6D
2021 to 2022
Audit Work
Plan
The City Auditor and the Auditor Assistant
currently have a total of approximately 750-800
hours available annually for audit/project related
work.
If the City Auditor’s hours were increased from 16
to 24 hours per week, there would be a total of
approximately 1,100-1,150 hours available
annually for audit/project related work.
Within the Work Plan, the Audit Committee has
prioritized its focus on compliance and internal
controls.
What’s next on the
Audit Work Plan?
Major Revenue Audits
Each project is estimated at 400 hours
& will take into consideration the
history behind each source and internal
controls during the collection process…
•Sales Tax –Now underway
•Property Tax
•B & O Tax
•Utility Tax –This will be a more
in-depth review & a follow-up to the
2020 Utility Tax/PILOT History Report
Besides the Major Revenue Audits,
what other projects are anticipated?
Continuing other Projects that were suggested previously by City Council,
such as the Landlord Licensing Compliance Review
And restoring the following for reviewing policies and internal controls:
•Fixed Asset Inventory
•Real Property Review Update
•Cash Controls (specific department or Citywide)
•Credit Transactions and Purchase Orders
•Grants Administration (below $750k threshold for SAO)
•Change Orders
•Remote Environment Controls
•Corona Virus Relief/Cares Act Funding
Each project estimated 200 hours
Questions?
2021 – 2022 AUDIT WORK PLAN
Note: The City Auditor and the Auditor Assistant currently have a total of
approximately 750-800 hours available annually for audit/project related work. If
the City Auditor’s hours were increased from 16 to 24 hours per week, there
would be a total of approximately 1,100-1,150 hours available annually for
audit/project related work.
Within the Work Plan, the Audit Committee has prioritized its focus on
compliance and internal controls.
1) Internal Audits of Major Revenue Sources
Each tax revenue project is estimated at 400 hours.
a) Sales Tax
b) Property Tax
c) B&O Tax
d) Utility Tax
2) Other Projects
a) Landlord Licensing Program – Compliance Audit with limited scope
(Estimated 200 hours)
3) Other Potential Audits
Each project is estimated at 200 hours.
a) Fixed Asset Inventory
b) Update Real Property Review
c) Cash Controls (specific department or Citywide)
d) Credit Transactions and Purchase Orders
e) Grants Administration (below $750k threshold for SAO)
f) Change Orders
g) Remote Environment controls
h) Corona Virus Relief/Cares Act Funding
1
Internal Audit Outline: Sales Tax
Estimated Hours: 400
Objectives:
1. Assess risk.
2. Document the sales tax revenue process.
3. Schedule and analyze annual activity.
4. Evaluate compliance with any applicable statutes, accounting standards, City policies,
and procedures.
5. Evaluate overall effectiveness and efficiency of internal controls.
6. Evaluate processes and practices against best practices.
Preliminary Program Outline:
1. Review copies of relevant statutes, codes, standards, policies, and procedures.
2. Interview appropriate SAO personnel, Mike Riley, and other City finance personnel as
necessary.
3. Control environment assessment: integrity and ethical values, commitment to
competence, Council and Audit Committee participation, management’s philosophy and
operating style, the entity’s organizational structure, assignment of authority and
responsibility, human resource policies and practices.
4. Risk assessment: how risk is identified, analyzed, and managed relevant to the
accounting for sales tax revenue. Note risks associated with changes in operating
environment; new personnel; new or revamped information systems; rapid growth; new
technology; and new business models (e.g. remote work); and any new accounting
pronouncements.
5. Control activities assessment: review whether the control policies and procedures are
effective. Examples of control activities include segregation of duties, physical controls,
reconciliations, and a system of approvals.
6. Information and Communication: Do appropriate forms of communication reach the
right people in a timely manner – market conditions, legislative developments, economic
changes. Does management communicate with employees regarding their duties and
responsibilities?
7. Monitoring: to what extent does management monitor the effectiveness of internal
controls? Monitoring may include (1) timely evaluation by appropriate personnel of the
design and operation of controls, (2) identifying areas of improvement and corrective
actions, and (3) follow-up procedures to determine that necessary actions are
implemented. Monitoring can be accomplished in manners such as the following:
ongoing internal activities, internal audit function, and external monitoring activities.
8. Understanding the Accounting System:
a. The procedures (both automated and manual) by which transactions are initiated,
recorded, processed, and reported from their occurrence to their inclusion in the
financial statements.
b. The accounting records (both electronic and manual), supporting information, and
specific accounts in the financial statements involved in initiating, recording,
Internal Audit Outline: Sales Tax
2
processing, and reporting transactions (e.g., journals, ledgers, invoices, checks).
Who has access?
c. The financial reporting process followed by the entity to prepare the financial
statements, including (1) accounting estimates and disclosures, (2) the procedures
used to enter transaction totals into the general ledger, (3) the procedures used to
initiate, record, and process journal entries in the general ledger, and (4) other
procedures used to record recurring and nonrecurring adjustments to the financial
statements that are not reflected in formal journal entries (e.g., consolidating
adjustments, report combinations, and reclassifications).
9. Review whether SAO recommendations related to sales tax revenue, if any, have been
implemented.
10. Test transactions to determine whether the transactions are valid, accurate, and complete;
perform analytical procedures (trend analysis). (State reports, bank statements,
FinancePlus)
11. Report.
From: City Council <City.Council@ci.bremerton.wa.us>
Sent: Wednesday, July 21, 2021 4:23 PM
To: City Council <City.Council@ci.bremerton.wa.us>
Subject: FW: Follow-Up to July 14 Study Session (Auditors & Local Jurisdictions)
Attn: Council Members (FYI)
This is a follow-up to a request made by President Gorman during the July 14 Study Session for more
information on comparable cities with internal auditors…
Christine Grenier
Legislative/Auditor Assistant
Bremerton City Council
(360) 473-5280
www.BremertonWA.gov
From: Jenny Sims <Jenny.Sims@ci.bremerton.wa.us>
Sent: Wednesday, July 21, 2021 3:32 PM
To: Leslie Daugs <Leslie.Daugs@ci.bremerton.wa.us>
Cc: Christine Grenier <Christine.Grenier@ci.bremerton.wa.us>
Subject: Local Jurisdictions with Internal Auditors, and other tidbits
This is what I came up with so far. I am unsure about two of the jurisdictions – City of Spokane and City
of Vancouver. People from my network mentioned these jurisdictions but I could not confirm it online
and haven’t received a response to my inquiry.
Local Jurisdictions with Internal Auditors
Chelan County Public Utility District
City of Bremerton
City of Kent
City of Seattle
City of Seattle Office of Inspector General for Public Safety
City of Vancouver (unconfirmed)
Clark County
King County
Olympia Police (per E. Younger)
Pierce County
Port of Seattle
Seattle School District
Sound Transit
Tacoma Public School District
City of Spokane (unconfirmed)
Cowlitz County is currently considering adding an internal auditor
______________________________________________________
In addition to processes and controls, the following is what the City Auditor is responsible for
auditing/reviewing:
2021 Budgeted revenue $192,162,136
Assets 400,000,000
Liabilities 100,000,000
Number of employees 377
Departments 22
Significant assets managed by a third party Top-rated golf course
Conference center
As a reminder from the Risk Management Review, Bremerton is one city among a dozen or so that self-
insure rather than purchase through a risk pool.
In 1982/1983, Bremerton voted to have a City Auditor. At that time, the budget was $29 million (versus
today almost $200 million.)
Jennifer L. Sims, CPA/CFF, CFE
Bremerton City Auditor
Office: (360) 473-5369
Cell: (360) 710-7273
Please note the Auditor’s office is manned two days a week.
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: July 14, 2021
Acceptance of the Lodging Tax Advisory
Committee’s FY-2021 Funding
Recommendations
COUNCIL MEETING Date: July 21, 2021
Department: City Council
Presenter: Michael Goodnow
LTAC Chair
Phone: (360) 473-5280
SUMMARY:
The Lodging Tax Advisory Committee (LTAC) received nine (9) requests for funding totaling $222,500.
The focus of the committee was on re-opening venues and facilities that support tourism; supporting
organizations that provide tourism related activities and destination marketing or outreach; and
restoring long-time successful events that are attempting to restart after the pandemic.
After review of the applications on July 9, 2021, funding recommendations for 8 of the 9 applicants for
a total allocation of $100,000 through Fiscal Year 2021 are now being presented for City Council’s
consideration (Exhibit A).
Please note that these recommendations exclude pre-dedicated funding already included in the City
of Bremerton’s FY-2021 Budget for the following:
$250,000 for Operations of the Kitsap Conference Center
$150,000 for Operations of the Admiral Theatre
ATTACHMENTS: 1) Exhibit A – LTAC Funding Recommendations for 2021
FISCAL IMPACTS (Include Budgeted Amount): RCW 67.28 specifies that a municipality may
either accept or reject the committee’s recommendations. If any individual recommendation is
rejected by City Council, then the unallocated amount will be held in the fund’s reserve. Funding
may only be allocated to the list of eligible applicants provided by the LTAC.
A delay in funding could potentially impact event planning in progress by organizations.
STUDY SESSION AGENDA: ☐ Limited Presentation ☒ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to accept the Lodging Tax Advisory Committee’s FY-2021 Funding Recommendations per
Exhibit A.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
6E
FY 2021 BREMERTON LODGING TAX ADVISORY COMMITTEE RECOMMENDATIONS
Name of
Organization
Proposed Project/Use of Funding
Requests
Recommendation
Navy Museum
Foundation
Promotion/Operation of
Puget Sound Navy Museum of the Pacific NW
Through 2021
$5,000
$5,000
Bremerton Rotary
Foundation
Promotion of Bremerton Blackberry Festival
September 4-6, 2021
$12,500
$6,000
Bremerton Historic
Ships Association
Promotion of USS Turner Joy
Through 2021
$35,000
$19,000
Experience Kitsap
Promotion/Operations
Focus on Cultural Events/Itineraries
Through 2021
$20,000
0
Bremerton
Chamber of
Commerce
Promotion of Bremerton/Operation of
Chamber’s Visitor Center
Through 2021
$50,000
$23,000
Kitsap Historical
Society & Museum
Promotion/Operation of Historical Museum
Through 2021
Promotion of Kitsap Antique Show
September 18-19, 2021
$25,000
$14,000
Visit Kitsap
Peninsula
Promotion/Launch of Bremerton Passport
Program/Operation
$15,000
$10,000
Downtown
Bremerton
Association
Promotion/Operation of Kitsap Wine Festival
August 14, 2021
$15,000
$6,000
Washington State
Science &
Engineering Fair
Promotion & Operations of WSSEF
Through 2021 for WSSEF April 2022
$45,000
$17,000
Grand Total
Recommended FY2021 Allocations
$222,500
$100,000
From:Gregory Nelson
To:City Council
Subject:Comments for the July 14th City Council Study Session on LTAC Recommendations
Date:Tuesday, July 13, 2021 9:52:09 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
Greetings, People. Experience Kitsap, previously Kitsap Culture since 2012, watched the proceedings of the
Lodging Tax Advisory Committee, July 9th, 2021, and we submit the following comments in support of our request
for grant funds:
We were scrupulous in following the rules in preparation of our application, for example we provided
figures for the past two years as required;
Having researched the high costs of advertising, we shot big on the ‘ask’, aware it would most likely not be
met;
Experience Kitsap, previously Kitsap Culture, has supported diversity and been non-partisan well before the
use of these words became popular;
Experience Kitsap is a business that maintains necessary licenses and reports taxes as appropriate. We
provide information and support to communities in the Kitsap region, which majorly includes Bremerton.
Our application contained simple graphics of analytics as to what responses we have had, and how our
operations could transfer to advertising that would support ‘getting heads onto beds’ for Bremerton.
The committee chair chose to characterize Experience Kitsap as a “passion project” to the rest of the committee.
During the proceedings, a committee member asked me if Experience Kitsap would be willing to collaborate with
other applicants - a question on the application which I had answered "yes" to. I began to reiterate examples of past
collaborations that were contained in my application. During this exchange, the committee chair interrupted this
conversation, preventing me from answering the member's question. As the proceedings progressed, the chair urged
others, a majority of whom had recommended funds to Experience Kitsap, to move those funds to other applicants
which led to a ‘0’ amount award. A while later, when another committee member recommended a return to
Experience Kitsap’s application and a potential allotment of funds, the committee chair dismissed the suggestion
without explanation.
We have provided and continue to provide a Labor of Love, which means that almost all expenses for maintenance
of the site are personally paid, hence our efforts to secure LTAC funding. Our goal is to help support the City of
Bremerton’s goal of attracting tourism.
Respectfully,
Gregory Nelson, Owner