HomeMy WebLinkAbout08/03/2022 CITY COUNCIL AGENDA PACKET______________________________________________________________
CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 - Phone (360) 473-5280
WEDNESDAY, AUGUST 3, 2022
CITY COUNCIL Virtual/Live Stream VIRTUAL MEETING AGENDA
To help reduce the spread of COVID-19, the City Council is conducting a virtual meeting. The Chambers
remains 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/88972952698?pwd=VE1tTE9qNGJDODFjVXlqcW5OWUEzUT09
Or One tap mobile:
US: +12532158782,,88972952698#,,,,*173061# or +16699006833,,88972952698#,,,,*173061#
Or Telephone: Dial (for higher quality, dial a number based on your current location):
US: +1 253 215 8782 or +1 669 900 6833 or +1 346 248 7799 or +1 669 444 9171
Webinar ID: 889 7295 2698
Passcode: 173061
Public questions or comments may be submitted ahead of time to City.Council@ci.bremerton.wa.us
1. CALL TO ORDER: 5:30 P.M.
2. MAYOR'S REPORT
3. CONSENT AGENDA
A. Claims and Check Register
B. Minutes of Meeting – July 20, 2022
C. Minutes of Study Session – July 27, 2022
D. Confirm Reappointment of Beverly Kincaid to the Civil Service Commission
E. Lease Agreement between Kitsap County and City of Bremerton for use of BKAT Facilities
F. Set Annual Compensation for the Bremerton Municipal Court Judge effective July 1, 2022
G. Interagency Agreements with WA State Administrative Office of the Courts (AOC)
for Therapeutic Court
H. Professional Services Agreement with KPG Psomas, Inc. for the West Kitsap Way
Transportation Planning Study
I. Supplemental Agreement No. 4 with Skillings, Inc. for the Design of the Washington & 11th
Street Roundabout Project
4. PUBLIC RECOGNITION – This is an opportunity for attendees to address the Council on any
City-related item that is not already listed on the Agenda. Please raise your hand to be
recognized by the Council President, state your name for the record, and limit your comments
to under 3-minutes…
Continued on next page…
5. GENERAL BUSINESS
A. Public Works Agreement with Sound Pacific Construction, LCC for the East 11th Street and Perry
Avenue Reconstruction Project
B. Ordinance No. 5453 amending Chapter 6.32 of the Bremerton Municipal Code entitled “Noise
Levels”
6. COUNCIL MEMBER REPORTS
7. EXECUTIVE SESSION
A. 30-Minutes to discuss “Pending Litigation” & “Potential Litigation” as allowed under RCW
42.30.110 (1) (i); Action is anticipated…
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: August 3, 2022
Department: Legal Services
Presenter: Angela Hoover
Phone: (360) 473-5323
SUMMARY:
Approval of the following checks and electronic fund transfers:
1. Check Numbers 399098-399321 and Electronic Fund Transfers V35612-V35680 in the grand
total amount of $3,195,499.28
2. Regular Payroll for pay period ending July 15, 2022 in the amount of $1,027,157.66
3. Regular Payroll for payout for pay period ending July 15, 2022 in the amount of $3,037.62
4. Retiree Payroll for pay period ending July 31, 2022 in the amount of $47,819.08
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
3A
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Minutes of Meeting –
July 20, 2022
Study Session Date: N/A
COUNCIL MEETING Date: August 3, 2022
Department: City Council
Presenter: Council President
Phone: (360) 473-5280
SUMMARY: The Minutes of Meeting held on July 20, 2022 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 20, 2022 Meeting Minutes as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/3/17
3B
2
DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
Wednesday, July 20, 2022
A virtual meeting of the City Council of the City of Bremerton was called to order Wednesday, July
20, 2022, at 5:30 PM with Council President Michael Goodnow presiding. Council Members
present were Anna Mockler, Quinn Dennehy, Jeff Coughlin, and Denise Frey. Council Vice
President Jennifer Chamberlin and Council Member Eric Younger were absent. Also present were
City Attorney Kylie Finnell; City Clerk Angela Hoover; Legislative Office Manager Lori Smith; and
IT Network Engineer Hans Nilsson.
President Goodnow announced that the City Council is conducting the Council Meeting via Zoom,
and all Council Members and staff will be participating remotely.
MAYOR’S REPORT – Mayor Wheeler provided highlights on the following topics…
Quincy Square Project
Proposed Zoning Code Amendments to increase allowed uses for Missing Middle
Housing
Highway Safety Improvement Project Phase III (Kitsap Way & Warren Avenue)
2022-2024 Pavement Marking Contract
2021 City Road Preservation Project (Chip Seal)
Warren Avenue Bridge Project
Parks & Recreation Upgrades at Kitsap Lake Park; Lions Park Tennis Courts
(Accessibility and Surface Improvements); Pendergast Regional Park (Phase II Soccer
Field Artificial Turf and Restroom Improvements); Evergreen Rotary Park (Accessibility
Improvements); Kiwanis Park Playground Renovation; and Lulu Haddon Park Renovation
Marina Square Update with occupancy anticipated for October or November 2022; and
Bremerton Rotary’s Blackberry Festival returns this year on September 3-5, 2022
CONSENT AGENDA
3A – Claims & Check Register: Check Numbers 398927 through 399097 and Electronic Fund
Transfers V35509 through V35611 in the grand total amount of $3,419,661.95; Regular
Payroll (Payout) for pay period ending June 30, 2022 in the amount of $1,827.20; and
Regular Payroll for IAFF Retro Pay for the period January 1, 2022 through April 30, 2022
in the amount of $95,548.87
3B – Minutes of Meeting – July 6, 2022
3C – Minutes of Study Session – July 13, 2022
3D – Approval to Submit Grant Funding Applications for Kitsap County Mental Health, Chemical
Dependency, and Therapeutic Court Programs
3E – Professional Services Agreement with Helix Design Group, Inc. for the Equipment
Services Building Tenant Improvements Project
3F – Purchase of 2022 Replacement Vehicles (Order No. 3)
3G – Professional Services Agreement with Bruce Dees & Associates for Architectural &
Engineering Services for Pendergast Regional Park Field Improvements; and related
Budget Adjustment
3H – Professional Services Agreement with Parametrix, Inc. for Engineering Services for the
Haddon Park Renovation Project; and related Budget Adjustment
City Council Reg. Mtg. Minutes
Wednesday, July 20, 2022
Page 2 of 4
3I – Create the position and authorize the mid-year hire of a Forestry Manager at Band 16 of
the Management, Professional, Confidential and Fiduciary Salary Plan
3J – Create the position and authorize the mid-year hire of a Managing Engineer–
Transportation Capital Program at Band 17 of the Management, Professional, Confidential
and Fiduciary Salary Plan
3K – Revise Pay Bands for Engineering Project Managers to Band 16 and Managing Engineers
to Band 18 of the Management, Professional, Confidential and Fiduciary Salary Plan
3L – Ordinance No. 5452 amending Section 2.76.100 “Contract Approval Required” of the
Bremerton Municipal Code under Ch. 2.76 entitled “Procurement and Disposal Code”
There were no questions or comments from the public…
5:46 PM M/S/C/U (Dennehy/Mockler) Move to approve the CONSENT AGENDA as presented.
PUBLIC RECOGNITION
Comments from the public were provided by Christi Lyson; Brian Anderson; and Marwan
Cameron with The Conduit Podcast…
GENERAL BUSINESS
5A – PROFESSIONAL SERVICES AGREEMENT WITH HDR ENGINEERING, INC. FOR
PUGET SOUND NUTRIENT GENERAL PERMIT SUPPORT: Managing Engineer Bill Davis
stated that the Department of Ecology recently issued the Puget Sound Nutrient General Permit,
which regulates the discharge of nitrogen to the Puget Sound from 58 wastewater treatment
plants. The City has applied for and obtained coverage under this permit. The City has selected
HDR to support the City technically with the selection and implementation of nitrogen removal
optimization strategies, planning for future capital improvements, and understanding the
regulatory framework in order to comply with the permit requirements. The permit cycle is 5
years (January 1, 2022 to December 31, 2026). This current contract for $199,963 is to support
the City for one year of the permit cycle. The City intends to renew the contract annually to
provide consistent support over the permit cycle. $750,000 has been budgeted from 2022 to
2024 ($250,000 per year) for this work. Senior Wastewater Process Engineer Bryce Figdore
and Project Manager Eric Bergstrom from HDR Engineering, Inc. were present to provide further
details with a PowerPoint presentation.
There were no questions or comments from the public…
6:23 PM Motion was made by Mockler; and seconded by Coughlin… Questions and comments
were provided by Mockler and Coughlin; with responses provided by Mr. Figdore and Mr.
Davis…
6:40 PM M/S/C/U (Mockler/Coughlin) Move to approve the Professional Services Agreement
between the City of Bremerton and HDR Engineering, Inc. for Nutrient General Permit Support in
the amount of $199,963; and authorize the Mayor to finalize and execute the agreement with
substantially the same terms and conditions as presented.
5B – PROFESSIONAL SERVICES AGREEMENT WITH THE MARVIN WILLIAMS CENTER
FOR THE CODING AFTERSCHOOL STEM ACADEMY – “BRIDGING THE DIGITAL DIVIDE”
PROGRAM: Mayor Greg Wheeler introduced Dr. Lillian Robertson who explained the rise of
the digital age has made science, technology, engineering, and mathematics (STEM) education
is more critical than ever. Early STEM education can promote ongoing academic success, and
children who learn STEM concepts throughout their education are better prepared to meet
increasingly technology-focused professional requirements. STEM education has been shown to
City Council Reg. Mtg. Minutes
Wednesday, July 20, 2022
Page 3 of 4
be a predictor of future academic achievement. The City is proposing partnering with the Marvin
Williams Center to address the digital divide in our community. The program’s annual operating
costs are estimated at $105,000 with city contributions of $60,000. The program will be available
two days a week through the summer serving 35 students. Additionally, the program will operate
on Saturdays during the school year.
There were no questions or comments from the public…
6:48 PM Motion was made by Coughlin; and seconded by Dennehy… Questions and comments
were provided by Coughlin, Mockler, Dennehy, and Goodnow; with responses provided by Dr.
Robertson…
6:53 PM M/S/C/U (Coughlin/Dennehy) Move to approve the Professional Services Agreement
with the Marvin Williams Center; and authorize the Mayor to finalize and execute the agreement
with substantially the same terms and conditions as presented.
5C – APPROVAL OF 2022 CITY COUNCIL GOALS & PRIORITIES: Council President
Goodnow expressed that the City Council holds an annual strategic Joint Planning Workshop
with the Mayor and Department Directors to monitor progress and determine goals and priorities
for the year. Through dedication, tenacity, and the will to serve the Bremerton community, the
City Council ensures every plan is connected to a relevant City goal or priority to help them stay
focused and move forward to do the best they can for the people who live here.
There were no questions or comments from the public…
6:54 PM Main Motion was made by Coughlin; and seconded by Dennehy…
6:55 PM An amendment was made by Dennehy; and seconded by Coughlin… Questions and
comments were provided by Coughlin, Frey, Mockler, and Goodnow; with responses provided by
REAC Chair Dennehy, Mayor Wheeler, and President Goodnow…
7:09 PM Amended-M/S/F (Coughlin/Dennehy) Move to amend Goal 7 of the 2022 City Council
Goals & Priorities as established at the Joint Planning Session on June 11, 2022 as follows:
7. Equity in Government (Proposed amendments)
Coordinate with the Mayor on reviewing and implementing policies and programs by
using a race equity lens
Consider program needs and funding options to support race equity policies and
programs
Voted in favor of Amended Motion: Dennehy, Goodnow
Voted opposed to Amended Motion: Mockler, Frey, Coughlin
Amended Motion Failed: 2-Yes; 3-No
7:10 PM Main-M/S/C/U (Cooughlin/Dennehy) Move to approve the 2022 City Council Goals &
Priorities as established at the Joint Planning Session on June 11, 2022.
5D – RESOLUTION NO. 3352 AUTHORIZING REMOTE COUNCIL MEETINGS THROUGH
OCTOBER 5, 2022: City Attorney Kylie Finnell stated that majority of the City Council has
determined that due to the ongoing coronavirus emergency, including consideration of recent
state and local increases in coronavirus cases and deaths, the City Council cannot hold an in-
person public meeting with reasonable safety at this time, and therefore will continue to meet
remotely through October 5, 2022.
There were no questions or comments from the public…
City Council Reg. Mtg. Minutes
Wednesday, July 20, 2022
Page 4 of 4
7:13 PM Motion was made by Mockler; and seconded by Frey… Questions and comments were
provided by Frey, Coughlin, and Mockler; with responses provided by Ms. Finnell, President
Goodnow, and Mayor Wheeler…
7:30 PM M/S/C/U (Mockler/Frey) Move to approve Resolution No. 3352 authorizing Remote
Council Meetings through October 5, 2022.
COUNCIL MEMBER REPORTS
Anna Mockler shared photos to report on street concerns in District 6, which include a lack of
stripping and lack of sidewalks in many areas of District 6.
Quinn Dennehy wished Council President Goodnow a belated happy birthday.
Jeff Coughlin welcomed any of the participants who spoke during Public Recognition tonight to
meet with him to discuss their issues in more-depth; and announced a few new businesses
opening including Beyond Karaoke, Gastro Pup, Send Nodes Plant Shop, a new location for
Ashley’s Pub, IVA’s by Manette, and Manette Antique Mall.
Denise Frey reiterated her vision for “using public land for public good” and for bringing a Pump
Track to District 2; and referred to a recent Kitsap Sun article about the YMCA Pool relocating.
President Goodnow reminded the public that 2022 Primary Election Ballots are in the mail; and
that the Kitsap Pride Festival will be this Saturday, July 23 from 4:00 to 9:00 PM at the Kitsap
County Fairgrounds. He established with that the passage of Resolution No. 3352, Council
meetings will continue to be held remotely through October 5, 2022, including the Study Session
next Wednesday, July 27 at 5:00 PM.
With no further business, President Goodnow adjourned the Council Meeting at 7:51 PM.
Prepared and Submitted by:
______________________________
LORI SMITH
Legislative Office Manager
APPROVED by the City Council on the 3rd day of August, 2022.
________________________________________
MICHAEL GOODNOW , City Council President
Attest:
________________________________________
ANGELA HOOVER, City Clerk
MG:AH:ls:cg
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Minutes of Study Session –
July 27, 2022
Study Session Date: N/A
COUNCIL MEETING Date: August 3, 2022
Department: City Council
Presenter: Council President
Phone: (360) 473-5280
SUMMARY: The Minutes of Study Session held on July 27, 2022 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 27, 2022 Meeting Minutes as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/3/17
3C
2
CITY COUNCIL STUDY SESSION MINUTES
Wednesday, July 27, 2022
A virtual Study Session of the City Council of the City of Bremerton was called to order on
Wednesday, July 27, 2022 at 5:00 PM, with Council President Michael Goodnow presiding. Other
Council Members present were Eric Younger, Anna Mockler, Quinn Dennehy, Jeff Coughlin,
Denise Frey, and Jennifer Chamberlin. Also present were City Attorney Kylie Finnell, Legislative
Office Manager Lori Smith, and IT Manager Dave Sorensen.
President Goodnow established that the City Council is conducting the Study Session via Zoom,
and that all Council Members and staff will be participating remotely.
He further established that the Study Session is open for the public to listen-in, but there will be no
opportunities for input; the content of these items is subject to change; and no action is anticipated.
If approved by the Council, these items will be placed on the August 3, 2022 City Council Virtual
Meeting Agenda…
A. BRIEFINGS on AGENDA BILL ITEMS
1. Confirm Reappointment of Beverly Kincaid to the Civil Service Commission Consent
Agenda
2. Lease Agreement between Kitsap County and City of Bremerton for use of BKAT
Facilities Consent Agenda
3. Set Annual Compensation for the Bremerton Municipal Court Judge effective July 1, 2022
Consent Agenda
4. Acceptance of Grants and Interagency Agreements with WA State Administrative Office of
the Courts for Therapeutic Court Consent Agenda
5. Public Works Agreement with Sound Pacific Construction, LLC for the East 11th Street &
Perry Avenue Reconstruction Project General Business
6. Professional Services Agreement with KPG Psomas, Inc. for the West Kitsap Way
Transportation Planning Study Consent Agenda
7. Supplemental Agreement No. 4 with Skillings, Inc. for the Design of the Washington
Avenue & 11th Street Roundabout Project Consent Agenda
8. Ordinance amending Chapter 6.32 of the Bremerton Municipal Code entitled “Noise
Levels” General Business
President Goodnow called a break from 7:16 to 7:20 PM…
B. GENERAL COUNCIL BUSINESS
o REAC Briefing (Last Meeting 7/14/22) – Chair Quinn Dennehy; and Presentation on
“Utilizing GARE” – REAC Committee Members Glenna Matteson and Darryl Riley
o Public Works Committee Briefing (Last Meeting 7/19/22) – Vice Chair Anna Mockler
o Audit Committee Briefing (Last Meeting 7/25/22) – Chair Jeff Coughlin
o Finance, Investment & Parking Committee Briefing (Last Meeting7/26/22) – Chair Jennifer
Chamberlin
o Other General Council Business was discussed.
City Council Study Session Minutes
Wednesday, July 27, 2022
Page 2 of 2
President Goodnow provided a reminder that meetings will continue to be held remotely,
including the next Council Meeting on Wednesday, August 3, 2022, beginning at 5:30 PM.
With no further business, the Study Session was adjourned at 7:58 PM.
Prepared and Submitted by:
______________________________
LORI SMITH
Legislative Office Manager
APPROVED by the City Council on the 3rd day of August, 2022.
MICHAEL GOODNOW , Council President
ATTEST:
______________________________
ANGELA HOOVER, City Clerk
MG:AH:ls:cg
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Confirm Reappointment of
Beverly Kincaid to the Civil Service
Commission
Study Session Date: July 27, 2022
COUNCIL MEETING Date: August 3, 2022
Department: Executive
Presenter: Mayor Wheeler
Phone: (360) 473-5266
SUMMARY: The Mayor is seeking confirmation for the reappointment of Beverly Kincaid to the Civil
Service Commission. The term expires August 2, 2025.
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 reappointment of Beverly Kincaid to the Civil Service Commission for the term
expiring August 2, 2025.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
3D
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Lease Agreement between
Kitsap County and City of Bremerton for use
of BKAT Facilities
Study Session Date: July 27, 2022
COUNCIL MEETING Date: August 3, 2022
Department: Financial Services
Presenter: Brett Jette and Colleen
Miko
Phone: (360) 473-5306
SUMMARY: The City of Bremerton, Government Access Television BKAT wishes to enter into an
Lease Agreement with Kitsap County at 7266 Tibardis Road, to operate Bremerton Kitsap Access
Television Video programming and services.
ATTACHMENTS: 1) Lease Agreement
FISCAL IMPACTS (Include Budgeted Amount: n/a
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION: Move to approve the Lease Agreement with Kitsap County; 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
3E
1
Facilities Use Agreement – 7266 Tibardis Road
KC-XXX-22
LEASE AGREEMENT BETWEEN KITSAP COUNTY AND THE CITY OF
BREMERTON FOR USE OF FACILITIES AT 7266 TIBARDIS RD. NW, BREMERTON,
WASHINGTON
This License Agreement (“Agreement”) is made and executed by and between Kitsap
County, a municipal corporation and political subdivision of the State of Washington (hereinafter
referred to as the "County") and the City of Bremerton, a municipal corporation (hereinafter referred
to as the "City"), collectively the Parties. The Parties agree as follows:
WHEREAS, the County and City have previously executed agreements which established
the City of Bremerton as the entity responsible for the management and operation of the
public/education/government access channel and community access center for video productions
through Bremerton Kitsap Access Television (hereinafter referred to as "BKAT"); and
WHEREAS, the County and City have previously entered into a Funding Agreement KC -
339-06 executed on August 2, 2006, amended by KC-339-06-A executed May 6, 2011, and KC-339-
06-B executed December 14, 2015, to provide and support public, educational, and government
access channels with the KC-339-06-B terminating December 31, 2020, and the BKAT PEG Funds
Agreement KC-142-21executed March 22, 2021; and
WHEREAS, the Funding Agreement provided that the County provide the facilities at 7266
Tibardis Rd. NW, Bremerton, Washington (hereinafter referred to as “Premises”) for the use of
BKAT for public access purposes during the term of the agreement; and
WHEREAS, the City and County agreed under Facilities Use Agreement KC-223-07 that the
City construct an addition to the Premises and that the resulting improvements would have a value
of approximately $200,000 (hereinafter referred to as “Improvements). The Parties agreed that the
Improvements and any future development would be owned by the County and remain under the
County's right, title and interest; and
WHEREAS, the City, with County approval, completed an addition to the Premises in June
2008 for the purposes of re-locating the BKAT production studio to the Premises, thereby providing
operating efficiencies through centralizing production and administration work areas into one
location; and
WHEREAS, under Facilities Use Agreement KC-223-07 the County granted the City
extended use of the facilities from May 1, 2007 to April 30, 2020, in order to enable the City to
receive value for the City’s financial investment in the Premises; and
WHEREAS, the County and Kitsap Transit entered into a license agreement for sole and
exclusive use of the fenced parking lot adjacent to the Premises by Kitsap Transit, KC-198-22
(“Parking Lot”). As consideration for use of the Parking Lot, Kitsap Transit agreed to provide
landscaping maintenance around the Premises; and
WHEREAS, the County and City entered into the BKAT PEG Funds Agreement KC-142-21,
which provided for a separate agreement for use of the Premises by BKAT for public access
purposes.
2
Facilities Use Agreement – 7266 Tibardis Road
NOW THEREFORE in consideration of the mutual covenant contained herein, it is hereby
agreed as follows:
Section 1. Use of Premises.
1.1 The County agrees the City shall continue to use the Premises, as shown in Exhibit A
site map and floor plan, for the sole purpose of operating BKAT for public access
television purposes during the term of this Agreement.
1.2 Should the Kitsap County Department of Emergency Management (“DEM”) or the
Kitsap County Board of County Commissioners (“Board”) issue a proclamation of
emergency or disaster pursuant to chapter 2.104 Kitsap County Code, two (2) rooms
designated as “Small Room 1” and “Office” on the Exhibit A floor plan shall be made
available to the DEM at its request for its exclusive use in responding to the emergency
or disaster until the Board proclaims the emergency or disaster has ended. In the event
of an emergency or disaster it is anticipated Small Room 1 will be used by a public
information officer and “Office” will be used by high frequency amateur (HAM) radio
operators or for needs relating to responding to the emergency.
1.3 The City shall at all times keep the Premises, and the structure and improvements on
which the Premises are situated free from any liens arising out of any work performed,
materials furnished, or obligations incurred by the City.
1.4 The City shall pay all utility charges including but not limited to water, sewer, garbage,
electricity, security alarm system, and telecommunications. The County shall pay for
propane.
1.5 The County will perform routine maintenance on the exterior of the Premises, including
the roof, and the parking lot serving the Premises. The County will be responsible for
annual maintenance and minor repairs to electrical and plumbing systems. Should a major
mechanical system fail, such as the HVAC system, and replacement is deemed necessary
by the County, the Parties shall share equally in the cost of replacement.
1.6 The City shall perform routine maintenance on the interior of the building including
modifying a restroom to meet ADA usage requirements as defined in the 2010 ADA
Standards for Accessible Design, 28 C.F.R. 35.151 section 603.
1.7 The County shall from time to time test and maintain the liquid propane tank and
generator purchased by the DEM to support use of the Premises during an emergency.
1.8 The City shall provide DEM with a key and combination to the Premises.
Section 2. Term of Agreement.
The Agreement shall be for a period of four (4) years, commencing August 1, 2022 and
expiring July 31, 2026.
Section 3. Termination of Agreement.
3
Facilities Use Agreement – 7266 Tibardis Road
3.1 - Termination for Convenience. Either party may terminate this Agreement for
convenience upon giving the other party at least 90 days’ advance written notice.
3.2 - Termination for Default. If either party defaults in its performance under this Agreement,
the non-defaulting party may give the defaulting party written notice that it has 30 days in which
to cure the default. If the default is not cured within 30 days of notice, the non-defaulting party
may terminate this Agreement, unless a Plan of Correction has been entered into pursuant to
Section 3.3 below. In the event of such a termination, the non-defaulting party shall have all
rights and remedies available under law.
3.3 – Correction Plan and Disputes. In the event a party gives written notice to cure pursuant to
Section 3.2 above, the Parties may enter into a plan for curing the default. The non-defaulting
party shall have the sole discretion to request and enter into a plan for curing the default. If a plan
for curing the default is entered into, the 30-day period in which to cure the default may be stayed
pursuant to the terms of the plan. Should the defaulting party not comply with the terms of the
plan, this Agreement may be immediately terminated by the non-defaulting party.
Section 4. Insurance.
4.1 – The County and City shall maintain, throughout the term of this Agreement, insurance
adequate to protect both parties against claims that may arise as a result of the performance
of this Agreement. Such insurance shall be placed with responsible insurers, self-insured, or
carried through participation in an insurance pool at levels of coverage adequate to protect
the County and the City against loss, and as ordinarily carried by municipalities engaged in
similar operations. Upon request of the other party, County and City shall provide evidence
of liability coverage.
The coverage shall not exclude automobile insurance, bodily injury, property damage or
hazards related to the work rendered as part of the Agreement or within the scope of the
City’s use under the Agreement.
Section 5. Notices.
Any notice required or permitted to be made under this Agreement may be given personally, by
facsimile, or by first-class, registered or certified mail to the designated representatives named
herein. A notice personally delivered to the other party is deemed given upon proper delivery.
A notice sent by first-class, registered or certified mail is deemed given three days after mailing,
if properly addressed and having proper postage. Notices delivered by facsimile shall be
deemed to have been given on the date of transmission if received during the receiving party’s
business day or, if not, on the receiving party’s next business day.
Section 6. Indemnify and Hold Harmless.
The City shall defend, indemnify, and hold harmless at the City's sole expense, Kitsap County, its
elected and appointed officials, officers, employees, and agents, from and against any and all
4
Facilities Use Agreement – 7266 Tibardis Road
claims, actions, demands, losses, damages, liabilities and costs, including, but not limited to,
attorney's fees and litigation costs, arising out of the performance of this Agreement, whether the
demand, loss or claim is due to the negligence of the County, its elected and appointed officials,
officers, employees, agents, or third parties, however, the City shall not be liable for injury or
damages caused by the sole negligence or willful misconduct of the County, its elected or
appointed officials, officers, employees, or agents and the County shall save, defend, indemnify
and hold the City and its officers, commissioners, employees, and agents harmless from and
against any and all such claims, actions, demands, losses, damages, liabilities and costs, including
attorney’s fees and litigation costs. Furthermore, the City shall not be liable to defend, indemnify,
and hold harmless the County for any claims, actions, demands, losses, damages, liabilities and
costs, including, but not limited to, attorney's fees and litigation costs, related to or arising out of
use of the Premises pursuant to Section 1.2 of this Agreement which is not the result of the City’s
sole negligence or willful misconduct.
This Section shall survive termination of this Agreement.
Section 7. Representatives.
The parties’ designated representatives shall be responsible for the administration of this
Agreement and for receiving notices given in connection with this Agreement. The following
are designated as the representatives of the parties. A party may change its designated
representative or address by providing notice, as provided herein.
All notices and other communications, except notifications regarding maintenance of the
Premises, given by either party may be provided in writing and addressed to:
Director of Financial Services County Administrator
City of Bremerton Kitsap County
345 6th Street, Suite 100 614 Division Street MS-4
Bremerton, Washington 98337 Port Orchard, WA 98366
Notice regarding exterior maintenance of the Premises may be made by contacting the Kitsap
County Facilities Manager at 360-337-7189 or 360-337-7161.
Section 8. General Provisions.
Section 8.1 Independent Contractor. Each party under the Agreement shall be for all purposes
an independent contractor. Nothing contained herein will be deemed to create an association, a
partnership, a joint venture, or a relationship of principal and agent, or employer and employee
between the parties. Each party shall have complete responsibility and control over its Personnel.
Neither party or its personnel shall be, or be deemed to be, or act or purport to act, as an employee,
agent or representative of the other party.
Section 8.2 Compliance with Laws. The parties and their officials, officers, employees, agents
and subcontractors shall comply with all applicable federal, state and local laws, regulations, rules
and policies. No party shall have an obligation to ensure such compliance by any other party.
5
Facilities Use Agreement – 7266 Tibardis Road
Section 8.3 No Third-Party Rights. This Agreement is entered into by the parties solely for
their own benefit and it creates or grants no rights of any kind to any other party.
Section 8.4 Assignment and Sublease. The City shall not assign any of its rights or delegate any
of its duties under this Agreement, nor shall the City enter a sublease for any part of the Premises,
without the prior express written consent of the County, which may be granted or refused in the
County’s sole discretion.
Section 8.5 Governing Law; Venue; Jurisdiction. This Agreement shall be governed by the
laws of the State of Washington. In the event of a legal proceeding, venue shall be only in the court
of competent jurisdiction in Kitsap County. Each party hereby consents to the personal jurisdiction
of the courts of the State of Washington, County of Kitsap. This section shall survive the
expiration or termination of this Agreement.
Section 8.6 Waiver. No term or condition of this Agreement shall be deemed waived unless
such waiver is expressly agreed to in writing by the party granting the waiver. In addition, waiver
of any breach of this Agreement shall not be deemed a waiver of any prior or subsequent breach.
Section 8.7 Amendment. This Agreement can only be amended in writing, and only upon
execution by both parties.
Section 8.8 Entire Agreement. The parties acknowledge that this Agreement is the complete
expression of their agreement regarding the subject matter of this Agreement. Any oral or written
representations or understandings not incorporated into this Agreement are specifically excluded.
Section 8.9 Headings. The headings in this Agreement are for convenience only and shall not
be deemed to affect the meaning of its provisions.
Section 8.10 Severability. If a court of competent jurisdiction holds any provision of the
Agreement to be illegal, invalid, or unenforceable, in whole or in part, the validity of the remaining
provisions will not be affected, and the parties’ rights and obligations will be construed and
enforced as if the Agreement did not contain the particular provision held to be invalid. If any
provision of the Agreement conflicts with any statutory provision of the State of Washington, the
provision will be deemed inoperative to the extent of the conflict or modified to conform to
statutory requirements.
Section 8.11 Survival. Those provisions of this Agreement that by their sense and purpose
should survive expiration or termination of the Agreement shall so survive. Those provisions
include, without limitation: Section 4 (Insurance), Section 6 (Indemnification), and Section 8
(General Provisions).
Section 8.12 Signature Authority. Each person signing this Agreement on behalf of a party
warrants that he or she has full authority to sign this Agreement on that party’s behalf.
6
Facilities Use Agreement – 7266 Tibardis Road
Section 8.13 Counterparts. This Agreement may be executed in counterparts, each of which
shall be deemed an original and all of which together shall be deemed one agreement. Each
counterpart may be executed and delivered by facsimile to the other party.
Section 8.14 Attachments. The following attachments are incorporated into this Agreement by
reference:
Section 8.15 Entire Agreement. This Agreement is the entire agreement of the parties and
supersedes all prior negotiations and agreements whether written or oral. This Agreement may be
amended only by written agreement.
Dated this __ day of____________ 2022.
CITY OF BREMERTON
APPROVED AS TO FORM:
_______________________ _________________________
Mayor, Greg Wheeler City Attorney, Kylie Finnell
ATTEST:
_________________________
City Clerk, Angela Hoover
Dated this __________day of___________, 2022.
BOARD OF COUNTY COMMISSIONERS
____________________________
EDWARD E. WOLFE, Chair
_____________________________
CHARLOTTE GARRIDO, Commissioner
ATTEST:
_____________________________
ROBERT GELDER, Commissioner
_____________________________
Clerk of the Board Dana Daniels
EXHIBIT A: SITE PLAN AND FLOOR LAYOUT
EXHIBIT A: SITE PLAN AND FLOOR LAYOUT
FLOOR LAYOUT
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: July 27, 2022
Set Annual Compensation for the Bremerton
Municipal Court Judge effective July 1, 2022
COUNCIL MEETING Date: August 3, 2022
Department: Municipal Court
Presenter: Heather Hunt
Phone: (360) 473-5989
SUMMARY:
Pursuant to BMC 2.62.035(a), the Municipal Court Judge’s salary is set by City Council action. The
City is authorized to receive Trial Court Improvement grant money if the Judge’s salary is set at 95%
of the District Court Judge’s Salary, effective July 1 of each year. That salary is set, by law, by the
Washington Citizen’s Commission on Salaries for Elected Officials. We are requesting to adjust the
salary for the Judge to be effective July 1, 2022 to bring us into compliance with the grant conditions
and allow us to continue to receive grant funding.
Current salary $180,614.00, proposed new salary $183,774.65 as of July 1, 2022. (this includes
deferred compensation).
ATTACHMENTS:
Letter from the Administrative Office of the Courts regarding Salary Increase for Judges.
FISCAL IMPACTS (Include Budgeted Amount):
For the 2022 budget cycle, the increase is $263.39 per month (total $1,580.33).
STUDY SESSION AGENDA: ☐ Limited Presentation ☒ Full Presentation
STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to set the annual compensation of the Municipal Court Judge at $183,774.65 (including
deferred compensation) effective July 1, 2022.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/09/2021
3F
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: July 13, 2022
Acceptance of Grants and Interagency
Agreements with WA State Administrative
Office of the Courts (AOC)
for Therapeutic Court
COUNCIL MEETING Date: July 20, 2022
Department: Municipal Court
Presenter: Judge Tracy Flood
Phone: (360) 473-5215
SUMMARY: The Bremerton Municipal Court applied to the Administrative Office of the Courts for
Grant Funding to assist with creating a Therapeutic Court and funding community justice counselors,
Audio/Visual upgrades for the courtroom and Backlog Reduction. The funds are available for use
from July 1, 2022 through June 30, 2023. The amounts are listed below.
Therapeutic Court funding up to $215,896
Community Justice Counselors funding up to $20,400
Audio Visual funding up to $100,000
Backlog reduction funding up to $7,200
ATTACHMENTS:
1) Grant Agreement GRT23013 Therapeutic Court - Updated
2) Grant Agreement IAA23990 Community Justice Counselors - Updated
2) Interagency Reimbursement Agreement IAA 23951 Audio/Visual Agreement - Updated
3) Interagency Reimbursement Agreement IAA 23914 Backlog Reduction Agreement - Updated
FISCAL IMPACTS (Include Budgeted Amount): The Administrative Office of the Courts grant is a
revenue source for up to a total $343,496 (all four awards). There are no matching funds required.
STUDY SESSION AGENDA: ☐ Limited Presentation ☒ Full Presentation
STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to accept the Grants from the Administrative Office of the Courts; and authorize the Bremerton
Municipal Court to finalize and execute the Agreements with substantially the same terms and
conditions as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
3G
UPDATED
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: July 27, 2022
Professional Services Agreement with KPG
Psomas, Inc. for the West Kitsap Way
Transportation Planning Study
COUNCIL MEETING Date: August 3, 2022
Department: Public Works
Presenter: Katie Ketterer
Phone: (360) 473-5334
SUMMARY: The City has been awarded a federal Surface Transportation Program grant via the
Puget Sound Regional Council (PSRC) to conduct a transportation planning study for Kitsap Way
from SR 3 to Chico Way. West Kitsap Way has concrete pavement in poor condition and lacks
pedestrian and bicycle infrastructure. The study will determine, through a public process, updated
cross sections and 5-10% level of design for the future reconstruction of the roadway.
KPG/Psomas was selected for the project through a competitive process. They will complete the
scope of work for a not to exceed amount of $538,689.00.
ATTACHMENTS: 1) Local Agency Architectural and Engineering Professional Services Negotiated
Hourly Rate Consultant Agreement
FISCAL IMPACTS (Include Budgeted Amount): The contact is $538,689. The project budget is
$606,000 and the grant award amount is $524,190. A local match of 13.5% is required for STP
grants which equals $81,810.
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 KPG Psomas, Inc. in the amount of
$538,689; 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 11/09/2021
3H
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 1 of 34
Local Agency A&E Professional Services
Negotiated Hourly Rate Consultant Agreement
Agreement Number:
Firm/Organization Legal Name (do not use dba’s):
Address Federal Aid Number
UBI Number Federal TIN
Execution Date Completion Date
1099 Form Required
Yes No
Federal Participation
Yes No
Project Title
Description of Work
Yes No DBE Participation
Yes No MBE Participation
Yes No WBE Participation
Yes No SBE Participation
Maximum Amount Payable:
Index of Exhibits
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit H
Exhibit I
Exhibit J
Scope of Work
DBE Participation
Preparation and Delivery of Electronic Engineering and Other Data
Prime Consultant Cost Computations
Sub-consultant Cost Computations
Title VI Assurances
Certification Documents
Liability Insurance Increase
Alleged Consultant Design Error Procedures
Consultant Claim Procedures
KPG Psomas Inc.
3131 Elliott Ave., St 400 Seattle WA 98121
604-635-123
West Kitsap Way Planning Study
Corridor study that addresses mobility and safety performance of multi-modal travel on West Kitsap
Way from State Route 3 to Chico Way. The study will identify a set of improvements for multi-modal
travel that includes transit, freight, cars, bicycles, and pedestrians. Minimal design to evaluate
options and alternatives for priority, cost estimation, and selection.
$538,689.00
31 December 2024
95-2863554
STPUL-6577(002)
n n
n
n
n
n
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 2 of 34
THIS AGREEMENT, made and entered into as shown in the “Execution Date” box on page one (1) of this
AGREEMENT, between the _________________________________________________________________,
hereinafter called the “AGENCY,” and the “Firm / Organization Name” referenced on page one (1) of this
AGREEMENT, hereinafter called the “CONSULTANT.”
WHEREAS, the AGENCY desires to accomplish the work referenced in “Description of Work” on page one (1)
of this AGREEMENT and hereafter called the “SERVICES;” and does not have sufficient staff to meet the
required commitment and therefore deems it advisable and desirable to engage the assistance of a
CONSULTANT to provide the necessary SERVICES; and
WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating to
professional registration, if applicable, and has signified a willingness to furnish consulting services to the
AGENCY.
NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or
attached and incorporated and made a part hereof, the parties hereto agree as follows:
I.General Description of Work
The work under this AGREEMENT shall consist of the above-described SERVICES as herein defined, and
necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services,
labor, and related equipment and, if applicable, sub-consultants and subcontractors necessary to conduct and
complete the SERVICES as designated elsewhere in this AGREEMENT.
II.General Scope of Work
The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit “A”
attached hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was
developed utilizing performance based contracting methodologies.
III.General Requirements
All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall
receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or
individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress,
and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials,
groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT
sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or
days’ notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit “A.”
The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will
outline in written and graphical form the various phases and the order of performance of the SERVICES in
sufficient detail so that the progress of the SERVICES can easily be evaluated.
The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws,
rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under
this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the
State of Washington.
City of Bremerton
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 3 of 14
Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required,
per 49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the
commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will
be shown on Exhibit “B” attached hereto and by this reference made part of this AGREEMENT. If the Prime
CONSULTANT is, a DBE certified firm they must comply with the Commercial Useful Function (CUF)
regulation outlined in the AGENCY’s “DBE Program Participation Plan” and perform a minimum of 30% of the
total amount of this AGREEMENT. It is recommended, but not required, that non-DBE Prime CONSULTANTS
perform a minimum of 30% of the total amount of this AGREEMENT.
In the absents of a mandatory DBE goal, a voluntary SBE goal amount of ten percent of the Consultant
Agreement is established. The Consultant shall develop a SBE Participation Plan prior to commencing work.
Although the goal is voluntary, the outreach efforts to provide SBE maximum practicable opportunities are not.
The CONSULTANT, on a monthly basis, shall enter the amounts paid to all firms (including Prime) involved
with this AGREEMENT into the wsdot.diversitycompliance.com program. Payment information shall
identify any DBE Participation.
All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned.
All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit “C
– Preparation and Delivery of Electronic Engineering and other Data.”
All designs, drawings, specifications, documents, and other work products, including all electronic files,
prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of
service for these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others,
acting through or on behalf of the AGENCY of any such instruments of service, not occurring, as a part of this
SERVICE, shall be without liability or legal exposure to the CONSULTANT.
Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the
other party by (i) certified mail, return receipt requested, or (ii) by email or facsimile, to the address set forth
below: If to AGENCY: If to CONSULTANT:
Name: Name:
Agency: Agency:
Address: Address:
City: State: Zip: City: State: Zip:
Email: Email:
Phone: Phone:
Facsimile: Facsimile:
IV.Time for Beginning and Completion
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing
by the AGENCY. All work under this AGREEMENT shall conform to the criteria agreed upon detailed in the
AGREEMENT documents. These SERVICES must be completed by the date shown in the heading of this
AGREEMENT titled “Completion Date.”
The established completion time shall not be extended because of any delays attributable to the CONSULTANT,
but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of
unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the
CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the
established completion time.
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 4 of 14
V. Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this
AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or
SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete
SERVICES. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov).
A.Hourly Rates: Hourly rates are comprised of the following elements - Direct (Raw) Labor, Indirect Cost Rate,
and Fee (Profit). The CONSULTANT shall be paid by the AGENCY for work done, based upon the
negotiated hourly rates shown in Exhibits “D” and “E” attached hereto and by reference made part of this
AGREEMENT. These negotiated hourly rates will be accepted based on a review of the CONSULTANT’s
direct labor rates and indirect cost rate computations and agreed upon fee. The accepted negotiated rates
shall be memorialized in a final written acknowledgment between the parties. Such final written
acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. The initially accepted
negotiated rates shall be applicable from the approval date, as memorialized in a final written
acknowledgment, to 180 days following the CONSULTANT’s fiscal year end (FYE) date.
The direct (raw) labor rates and classifications, as shown on Exhibits “D” and “E” shall be subject to
renegotiations for each subsequent twelve (12) month period (180 days following FYE date to 180 days
following FYE date) upon written request of the CONSULTANT or the AGENCY. The written request must
be made to the other party within ninety (90) days following the CONSULTANT’s FYE date. If no such
written request is made, the current direct (raw) labor rates and classifications as shown on Exhibits “D” and
“E” will remain in effect for the twelve (12) month period.
Conversely, if a timely request is made in the manner set forth above, the parties will commence negotiations
to determine the new direct (raw) labor rates and classifications that will be applicable for the twelve (12
month period. Any agreed to renegotiated rates shall be memorialized in a final written acknowledgment
between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this
AGREEMENT. If requested, the CONSULTANT shall provide current payroll register and classifications to
aid in negotiations. If the parties cannot reach an agreement on the direct (raw) labor rates and classifications,
the AGENCY shall perform an audit of the CONSULTANT’s books and records to determine the
CONSULTANT’s actual costs. The audit findings will establish the direct (raw) labor rates and
classifications that will applicable for the twelve (12) month period.
The fee as identified in Exhibits “D” and “E” shall represent a value to be applied throughout the life of the
AGREEMENT.
The CONSULTANT shall submit annually to the AGENCY an updated indirect cost rate within 180 days of
the close of its fiscal year. An approved updated indirect cost rate shall be included in the current fiscal year
rate under this AGREEMENT, even if/when other components of the hourly rate are not renegotiated. These
rates will be applicable for the twelve (12) month period. At the AGENCY’s option, a provisional and/or
conditional indirect cost rate may be negotiated. This provisional or conditional indirect rate shall remain in
effect until the updated indirect cost rate is completed and approved. Indirect cost rate costs incurred during
the provisional or conditional period will not be adjusted. The CONSULTANT may request an extension of
the last approved indirect cost rate for the twelve (12) month period. These requests for provisional indirect
cost rate and/or extension will be considered on a case-by-case basis, and if granted, will be memorialized in
a final written acknowledgment.
The CONSULTANT shall maintain and have accessible support data for verification of the components of
the hourly rates, i.e., direct (raw) labor, indirect cost rate, and fee (profit) percentage. The
CONSULTANT shall bill each employee’s actual classification, and actual salary plus indirect cost rate plus
fee.
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 5 of 14
A.Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the actual cost to the
CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long
distance telephone, supplies, computer charges, and fees of sub-consultants. Air or train travel will be
reimbursed only to lowest price available, unless otherwise approved by the AGENCY. The CONSULTANT
shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in
accordance with the WSDOT’s Accounting Manual M 13-82, Chapter 10 – Travel Rules and Procedures, and
all revisions thereto. Air, train, and rental card costs shall be reimbursed in accordance with 48 Code of
Federal Regulations (CFR) Part 31.205-46 “Travel Costs.” The billing for Direct Non-salary Costs shall
include an itemized listing of the charges directly identifiable with these SERVICES. The CONSULTANT
shall maintain the original supporting documents in their office. Copies of the original supporting documents
shall be supplied to the STATE upon request. All above charges must be necessary for the SERVICES
provided under this AGREEMENT.
B.Maximum Amount Payable: The Maximum Amount Payable by the AGENCY to the CONSULTANT under
this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one
(1.) The Maximum Amount Payable does not include payment for extra work as stipulated in section XIII,
“Extra Work.” No minimum amount payable is guaranteed under this AGREEMENT.
C.Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized
in A and B above. Detailed statements shall support the monthly billings for hours expended at the rates
established in Exhibit “D,” including names and classifications of all employees, and billings for all direct
non-salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT’s
employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the
names, titles, salary rates, and present duties of those employees performing work on the SERVICES at the
time of the interview.
D.Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be
made promptly upon its verification by the AGENCY after the completion of the SERVICES under this
AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, electronic data, and other
related documents, which are required to be furnished under this AGREEMENT. Acceptance of such Final
Payment by the CONSULTANT shall constitute a release of all claims for payment, which the
CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and
transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not,
however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies
the AGENCY may pursue with respect to such claims.
The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time
of final audit all required adjustments will be made and reflected in a final payment. In the event that such
final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such
overpayment to the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund
shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the
AGENCY of overpayment. Per WSDOT’s “Audit Guide for Consultants,” Chapter 23 “Resolution
Procedures,” the CONSULTANT has twenty (20) working days after receipt of the final Post Audit to begin
the appeal process to the AGENCY for audit findings
E. Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for
inspection by representatives of the AGENCY and the United States, for a period of six (6) years after receipt
of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or
bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in
connection with, or related to this AGREEMENT is initiated before the expiration of the six (6) year period,
the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is
completed. An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be
performed by the State Auditor, WSDOT’s Internal Audit Office and /or at the request of the AGENCY’s
Project Manager.
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 6 of 14
VI.Sub-Contracting
The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit “A” attached hereto and
by this reference made part of this AGREEMENT.
The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT
without prior written permission of the AGENCY. No permission for subcontracting shall create, between the
AGENCY and sub-consultant, any contract or any other relationship.
Compensation for this sub-consultant SERVICES shall be based on the cost factors shown on Exhibit “E”
attached hereto and by this reference made part of this AGREEMENT.
The SERVICES of the sub-consultant shall not exceed its maximum amount payable identified in each sub
consultant cost estimate unless a prior written approval has been issued by the AGENCY.
All reimbursable direct labor, indirect cost rate, direct non-salary costs and fee costs for the sub-consultant shall
be negotiated and substantiated in accordance with section V “Payment Provisions” herein and shall be
memorialized in a final written acknowledgment between the parties
All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall
require each sub-consultant or subcontractor, of any tier, to abide by the terms and conditions of this
AGREEMENT. With respect to sub-consultant payment, the CONSULTANT shall comply with all applicable
sections of the STATE’s Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011.
The CONSULTANT, sub-recipient, or sub-consultant shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the
CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in
the termination of this AGREEMENT or such other remedy as the recipient deems appropriate.
VII.Employment and Organizational Conflict of Interest
The CONSULTANT warrants that they have not employed or retained any company or person, other than a
bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not
paid or agreed to pay any company or person, other than a bona fide employee working solely for the
CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent
upon or resulting from the award or making of this contract. For breach or violation of this warrant, the
AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from
this AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission,
percentage, brokerage fee, gift, or contingent fee.
Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or
services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the
CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen’s
Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made
by a third party as a consequence of any act or omission on the part of the CONSULTANT’s employees or other
persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole
obligation and responsibility of the CONSULTANT.
The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this
AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of
this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except
regularly retired employees, without written consent of the public employer of such person if he/she will be
working on this AGREEMENT for the CONSULTANT.
Agreement Number:
Local Agency A&E Professional Services Agreement Number ____________
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VIII. Nondiscrimination
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub-consultants,
subcontractors and successors in interest, agrees to comply with the following laws and regulations:
•Title VI of the Civil Rights Act of 1964
(42 U.S.C. Chapter 21 Subchapter V §
2000d through 2000d-4a)
•Federal-aid Highway Act of 1973 (23
U.S.C. Chapter 3 § 324)
•Rehabilitation Act of 1973
(29 U.S.C. Chapter 16 Subchapter V §
794)
•Age Discrimination Act of 1975 (42
U.S.C. Chapter 76 § 6101 et. seq.)
•Civil Rights Restoration Act of 1987 (Public Law
100-259)
•American with Disabilities Act of 1990 (42
U.S.C. Chapter 126 § 12101 et. seq.)
•23 CFR Part 200
•49 CFR Part 21
•49 CFR Part 26
• RCW 49.60.180
In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit
“F” attached hereto and by this reference made part of this AGREEMENT, and shall include the attached
Exhibit “F” in every sub-contract, including procurement of materials and leases of equipment, unless exempt
by the Regulations or directives issued pursuant thereto.
IX.Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon
ten (10) days written notice to the CONSULTANT.
In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the
CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged at the time of
termination of this AGREEMENT, plus any direct non-salary costs incurred up to the time of termination of this
AGREEMENT.
No payment shall be made for any SERVICES completed after ten (10) days following receipt by the
CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to
Notice of Termination exceeds the total amount that would be due when computed as set forth in paragraph two
(2) of this section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the
AGENCY for any excess paid.
If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the
CONSULTANT, the above formula for payment shall not apply.
In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the
AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing
SERVICES to the date of termination, the amount of SERVICES originally required which was satisfactorily
completed to date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY
at the time of termination, the cost to the AGENCY of employing another firm to complete the SERVICES
required and the time which may be required to do so, and other factors which affect the value to the AGENCY
of the SERVICES performed at the time of termination. Under no circumstances shall payment made under this
subsection exceed the amount, which would have been made using the formula set forth in paragraph two (2) of
this section.
If it is determined for any reason, that the CONSULTANT was not in default or that the CONSULTANT’s failure
to perform is without the CONSULTANT’s or its employee’s fault or negligence, the termination shall be
deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be
reimbursed for actual costs in accordance with the termination for other than default clauses listed previously.
Local Agency A&E Professional Services Agreement Number ____________
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The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any
member, partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT’s
supervisory and/or other key personnel assigned to the project or disaffiliation of any principally involved
CONSULTANT employee.
The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or
more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The
CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this
AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to
renegotiate any term(s) of this AGREEMENT. If termination for convenience occurs, final payment will be
made to the CONSULTANT as set forth in the second and third paragraphs of this section.
Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of any
remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the
CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY.
Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those
rights with respect to any future act or omission by the CONSULTANT.
X.Changes of Work
The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as
necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY
find it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof
changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall
be considered as Extra Work and will be paid for as herein provided under section XIII “Extra Work.”
XI.Disputes
Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within
10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and
binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the
Director of Public Works or AGENCY Engineer’s decision, that decision shall be subject to judicial review. If
the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted
under the procedures found in Exhibit “J”. In the event that either party deem it necessary to institute legal
action or proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in
the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. The
parties hereto agree that all questions shall be resolved by application of Washington law and that the parties
have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of
Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State
of Washington, situated in the county in which the AGENCY is located.
XII.Legal Relations
The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local
laws, rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed
under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws
of the State of Washington.
The CONSULTANT shall defend, indemnify, and hold the State of Washington (STATE) and the AGENCY
and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or
in part from the negligence of, or the breach of any obligation under this AGREEMENT by, the
CONSULTANT or the CONSULTANT’s agents, employees, sub consultants, subcontractors or vendors, of any
tier, or any other persons for whom the CONSULTANT may be legally liable; provided that nothing herein shall
require a CONSULTANT
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 9 of 14
to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold
harmless the STATE and the AGENCY and their officers and employees from claims, demands or suits based
solely upon the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the
AGENCY, their agents, officers, employees, sub-consultants, subcontractors or vendors, of any tie , or any other
persons for whom the STATE and /or the AGENCY may be legally liable; and provided further that if the claims
or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT or the
CONSULTANT’s agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other
persons for whom the CONSULTANT is legally liable, and (b) the STATE and/or AGENCY, their agents,
officers, employees, sub-consultants, subcontractors and or vendors, of any tier, or any other persons for whom
the STATE and/or AGENCY may be legally liable, the defense and indemnity obligation shall be valid and
enforceable only to the extent of the CONSULTANT’s negligence or the negligence of the CONSULTANT’s
agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the
CONSULTANT may be legally liable. This provision shall be included in any AGREEMENT between
CONSULTANT and any sub-consultant, subcontractor and vendor, of any tier.
The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers
and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the
alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets,
patents, proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the
CONSULTANT’s agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other
persons for whom the CONSULTANT may be legally liable, in performance of the Work under this
AGREEMENT or arising out of any use in connection with the AGREEMENT of methods, processes, designs,
information or other items furnished or communicated to STATE and/or the AGENCY, their agents, officers and
employees pursuant to the AGREEMENT; provided that this indemnity shall not apply to any alleged patent or
copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary
information, know-how, copyright rights or inventions resulting from STATE and/or AGENCY’s, their agents’,
officers and employees’ failure to comply with specific written instructions regarding use provided to STATE
and/or AGENCY, their agents, officers and employees by the CONSULTANT, its agents, employees, sub-
consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be
legally liable.
The CONSULTANT’s relation to the AGENCY shall be at all times as an independent contractor.
Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its
sole discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due
notice and examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter
42.52 RCW; or any similar statute involving the CONSULTANT in the procurement of, or performance under,
this AGREEMENT.
The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT’s own
employees or its agents against the STATE and/or the AGENCY and, solely for the purpose of this
indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial
insurance law, Title 51 RCW. The Parties have mutually negotiated this waiver.
Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of
construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable
supplemental AGREEMENT, the CONSULTANT shall provide On-Call assistance to the AGENCY during
contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for
proper construction techniques, job site safety, or any construction contractor’s failure to perform its work in
accordance with the contract documents.
The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise
required, the following insurance with companies or through sources approved by the State Insurance
Commissioner pursuant to Title 48 RCW.
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 10 of 14
Insurance Coverage
A.Worker’s compensation and employer’s liability insurance as required by the STATE.
B.Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with
minimum limits of one million dollars ($1,000,000.00) per occurrence and two million dollars
($2,000,000.00) in the aggregate for each policy period.
C.Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage
for any “Auto” (Symbol 1) used in an amount not less than a one million dollar ($1,000,000.00) combined
single limit for each occurrence.
Excepting the Worker’s Compensation Insurance and any Professional Liability Insurance, the STATE and
AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub-
consultant and/or subcontractor as an additional insured (the “AIs”), with no restrictions or limitations
concerning products and completed operations coverage. This coverage shall be primary coverage and non-
contributory and any coverage maintained by the AIs shall be excess over, and shall not contribute with, the
additional insured coverage required hereunder. The CONSULTANT’s and the sub-consultant’s and/or
subcontractor’s insurer shall waive any and all rights of subrogation against the AIs. The CONSULTANT shall
furnish the AGENCY with verification of insurance and endorsements required by this AGREEMENT. The
AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time.
All insurance shall be obtained from an insurance company authorized to do business in the State of
Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14)
days of the execution of this AGREEMENT to:
Name:
Agency:
Address:
City: State: Zip:
Email:
Phone:
Facsimile:
No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the
AGENCY.
The CONSULTANT’s professional liability to the AGENCY, including that which may arise in reference to
section IX “Termination of Agreement” of this AGREEMENT, shall be limited to the accumulative amount of
the authorized AGREEMENT or one million dollars ($1,000,000.00), whichever is greater, unless the limit of
liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT’s professional
liability to third parties be limited in any way.
The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third
part, and no third party beneficiary is intended or created by the execution of this AGREEMENT.
The AGENCY will pay no progress payments under section V “Payment Provisions” until the CONSULTANT
has fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action
as is available to it under other provisions of this AGREEMENT, or otherwise in law.
Attn: Risk Manager
Bremerton WA 98337
360-473-5302
Melisa.Folmer@ci.bremerton.wa.us
345 6th Street STE 100
City of Bremerton
360-473-5161
Local Agency A&E Professional Services Agreement Number ____________
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XIII.Extra Work
A.The AGENCY may at any time, by written order, make changes within the general scope of this
AGREEMENT in the SERVICES to be performed.
B.If any such change causes an increase or decrease in the estimated cost of, or the time required for,
performance of any part of the SERVICES under this AGREEMENT, whether or not changed by the order,
or otherwise affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an
equitable adjustment in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and
(3) other affected terms and shall modify this AGREEMENT accordingly.
C.The CONSULTANT must submit any “request for equitable adjustment,” hereafter referred to as “CLAIM,”
under this clause within thirty (30) days from the date of receipt of the written order. However, if the
AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted
before final payment of this AGREEMENT.
D.Failure to agree to any adjustment shall be a dispute under the section XI “Disputes” clause. However,
nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed.
E.Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above, the maximum amount payable
for this AGREEMENT, shall not be increased or considered to be increased except by specific written
supplement to this AGREEMENT.
XIV.Endorsement of Plans
If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering
data furnished by them.
XV.Federal Review
The Federal Highway Administration shall have the right to participate in the review or examination of the
SERVICES in progress.
XVI.Certification of the Consultant and the Agency
Attached hereto as Exhibit “G-1(a and b)” are the Certifications of the CONSULTANT and the AGENCY,
Exhibit “G-2” Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary
Covered Transactions, Exhibit “G-3” Certification Regarding the Restrictions of the Use of Federal Funds for
Lobbying and Exhibit “G-4” Certificate of Current Cost or Pricing Data. Exhibit “G-3” is required only in
AGREEMENT’s over one hundred thousand dollars ($100,000.00) and Exhibit “G-4” is required only in
AGREEMENT’s over five hundred thousand dollars ($500,000.00.) These Exhibits must be executed by the
CONSULTANT, and submitted with the master AGREEMENT, and returned to the AGENCY at the address
listed in section III “General Requirements” prior to its performance of any SERVICES under this
AGREEMENT.
XVII.Complete Agreement
This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by
the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound
by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes,
amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the
parties as a supplement to this AGREEMENT.
XVIII.Execution and Acceptance
This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to
be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements,
representations, warranties, covenants, and AGREEMENT’s contained in the proposal, and the supporting
material submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the
terms and conditions thereof.
Local Agency A&E Professional Services Agreement Number ____________
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XIX.Protection of Confidential Information
The CONSULTANT acknowledges that some of the material and information that may come into its possession
or knowledge in connection with this AGREEMENT or its performance may consist of information that is
exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other
local, state, or federal statutes (“State’s Confidential Information”). The “State’s Confidential Information”
includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers,
financial profiles credit card information, driver’s license numbers, medical data, law enforcement records (or
any other information identifiable to an individual), STATE and AGENCY source code or object code, STATE
and AGENCY security data, non-public Specifications, STATE and AGENCY non-publicly available data,
proprietary software, STATE and AGENCY security data, or information which may jeopardize any part of the
project that relates to any of these types of information. The CONSULTANT agrees to hold the State’s
Confidential Information in strictest confidence and not to make use of the State’s Confidential Information for
any purpose other than the performance of this AGREEMENT, to release it only to authorized employees, sub-
consultants or subcontractors requiring such information for the purposes of carrying out this AGREEMENT,
and not to release, divulge, publish, transfer, sell, disclose, or otherwise make it known to any other party
without the AGENCY’s express written consent or as provided by law. The CONSULTANT agrees to release
such information or material only to employees, sub-consultants or subcontractors who have signed a
nondisclosure AGREEMENT, the terms of which have been previously approved by the AGENCY. The
CONSULTANT agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized
access to the State’s Confidential Information.
Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the
AGENCY’s option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State’s
Confidential Information; or (ii) returned all of the State’s Confidential Information to the AGENCY; or (iii)
take whatever other steps the AGENCY requires of the CONSULTANT to protect the State’s Confidential
Information.
As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following:
the State’s Confidential Information received in the performance of this AGREEMENT; the purpose(s) for
which the State’s Confidential Information was received; who received, maintained, and used the State’s
Confidential Information; and the final disposition of the State’s Confidential Information. The
CONSULTANT’s records shall be subject to inspection, review, or audit upon reasonable notice from the
AGENCY.
The AGENCY reserves the right to monitor, audit, or investigate the use of the State’s Confidential Information
collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or
investigating may include, but is not limited to, salting databases.
Violation of this section by the CONSULTANT or its sub-consultants or subcontractors may result in
termination of this AGREEMENT and demand for return of all State’s Confidential Information, monetary
damages, or penalties
It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information, which
is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the
confidentiality of such information during the term of this AGREEMENT and afterwards. All materials
containing such proprietary and/or confidential information shall be clearly identified and marked as
“Confidential” and shall be returned to the disclosing party at the conclusion of the SERVICES under this
AGREEMENT.
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The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers
confidential and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT, or (b) as
soon as such confidential or proprietary material is developed. “Proprietary and/or confidential information” is
not meant to include any information which, at the time of its disclosure: (i) is already known to the other party;
(ii) is rightfully disclosed to one of the parties by a third party that is not acting as an agent or representative for
the other party; (iii) is independently developed by or for the other party; (iv) is publicly known; or (v) is
generally utilized by unaffiliated third parties engaged in the same business or businesses as the
CONSULTANT.
The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure
laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and
or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a
public disclosure request is made to view materials identified as “Proprietary and/or confidential information” or
otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that
such records will be released to the requester unless the CONSULTANT obtains a court order from a court of
competent jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining
disclosure, the AGENCY will release the requested information on the date specified.
The CONSULTANT agrees to notify the sub-consultant of any AGENCY communication regarding disclosure
that may include a sub-consultant’s proprietary and/or confidential information. The CONSULTANT
notification to the sub-consultant will include the date that such records will be released by the AGENCY to the
requester and state that unless the sub-consultant obtains a court order from a court of competent jurisdiction
enjoining that disclosure the AGENCY will release the requested information. If the CONSULTANT and/or
sub-consultant fail to obtain a court order or other judicial relief enjoining the AGENCY by the release date, the
CONSULTANT shall waive and release and shall hold harmless and indemnify the AGENCY from all claims of
actual or alleged damages, liabilities, or costs associated with the AGENCY’s said disclosure of sub-
consultants’ information.
XX.Records Maintenance
During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6)
years from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain, and
maintain all “documents” pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all
“documents” pertaining to the SERVICES provided hereunder shall be made available for review at the
CONSULTANT’s place of business during normal working hours. If any litigation, claim, or audit is
commenced, the CONSULTANT shall cooperate with AGENCY and assist in the production of all such
documents. “Documents” shall be retained until all litigation, claims or audit findings have been resolved even
though such litigation, claim, or audit continues past the six (6) year retention period.
For purposes of this AGREEMENT, “documents” means every writing or record of every type and description,
including electronically stored information (“ESI”), that is in the possession, control, or custody of the
CONSULTANT, including, without limitation, any and all correspondences, contracts, AGREEMENTs,
appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten notes,
reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records, work sheets,
charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings, tabulations,
computations, summaries, inventories, and writings regarding conferences, conversations or telephone
conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or description;
every copy of the foregoing whether or not the original is in the possession, custody, or control of the
CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an
original, or whether or not such copy contains any commentary or notation whatsoever that does not appear on
the original.
Local Agency A&E Professional Services Agreement Number ____________
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For purposes of this AGREEMENT, “ESI” means any and all computer data or electronic recorded media of any
kind, including “Native Files”, that are stored in any medium from which it can be retrieved and examined,
either directly or after translation into a reasonably useable form. ESI may include information and/or
documentation stored in various software programs such as Email, Outlook, Word, Excel, Access, Publisher,
PowerPoint, Adobe Acrobat, SQL databases, or any other software or electronic communication programs or
databases that the CONSULTANT may use in the performance of its operations. ESI may be located on network
servers, backup tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones,
laptops, or any other electronic device that CONSULTANT uses in the performance of its Work or SERVICES
hereunder, including any personal devices used by the CONSULTANT or any sub-consultant at home.
“Native files” are a subset of ESI and refer to the electronic format of the application in which such ESI is
normally created, viewed, and /or modified
The CONSULTANT shall include this section XX “Records Maintenance” in every subcontract it enters into in
relation to this AGREEMENT and bind the sub-consultant to its terms, unless expressly agreed to otherwise in
writing by the AGENCY prior to the execution of such subcontract.
In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the
“Execution Date” box on page one (1) of this AGREEMENT.
Signature Date
Signature Date
Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office
of the Attorney General.
7/5/2022
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
Exhibit A
Scope of Work
Project No.
West Kitsap Way Corridor Study Page 1 of 11 Scope of Work
City of Bremerton
West Kitsap Way Corridor Planning Study
Scope of Work
KPG Psomas
May 2022
INTRODUCTION
This planning effort studies the western portion of Kitsap Way between Chico Way and SR 3, a
City of Bremerton arterial that connects between downtown Bremerton and the northwest city
limits. This segment was constructed in the 1940s as a state highway (PSR 21) and is near the
end of its service life. The facility has 4 lanes and is inappropriate as a minor urban arterial with
wide lanes and shoulders that encourage high speeds. The corridor lacks non-motorized
facilities including sidewalks, crosswalks, bike lanes, and ADA compliant facilities. The corridor
has stormwater treatment but does not include a stormwater collection system.
The study will identify a set of improvements for multimodal travel that includes transit, freight,
cars, bicyclists, and pedestrians. The study will involve an extensive public process to ensure
that the input and concerns of diverse stakeholders are understood, considered, and reflected
in the recommendations. The project will include identification of stormwater flow and
treatment options to meet stormwater requirements and avoid downstream impacts. An
alternatives analysis leading to the selection of a preferred alternative and a preliminary
corridor design will be performed to inform feasibility of recommended solutions, provide cost
estimates, and further project implementation.
This study will review previous planning and transportation studies for the area, evaluate
existing and future transportation conditions, conduct a public involvement process, develop
multimodal design treatments, identify, and prioritize multimodal safety and mobility
improvement projects, and develop an implementation strategy. Each project will include a
conceptual design, graphic renderings, and a planning-level cost estimate.
Task 1 - Project Management
This task covers the anticipated effort required to manage the contract and to ensure that the
project meets the Client’s expectations for schedule, budget, and quality of product. Provide
continuous project management for the project duration (estimate 15 months).
1.1 Prepare monthly progress reports identifying work in progress, upcoming work elements,
anticipated deliverable tasks for the next month, and reporting of any delays, problems,
West Kitsap Way Corridor Study Page 2 of 11 Scope of Work
or additional information needs. The monthly progress reports shall be submitted with
invoices.
1.2 Prepare for and attend up to twenty (20) coordination meetings with City staff to discuss
key issues and track progress. The expectation is that the project manager and one task
lead will attend the meetings.
1.3 Hold monthly Team meetings with Consultant staff to discuss and track progress, identify
upcoming milestones, identify issues and to coordinate the project. One member of each
Consultant discipline will attend meeting.
1.4 Coordinate with WSDOT regarding any potential changes SR 3/Kitsap Way interchange.
This task includes up to two (2) coordination meetings with WSDOT and City staff.
1.5 Project QA/QC plan and review. Implement KPG Psomas QA/QC checklists to review
project deliverables.
Task 1 Deliverables:
• Monthly progress reports and invoices (15 months)
• Meeting agenda, materials and meeting summaries.
Task 2 - Community Outreach
See Stepherson & Associates Scope of Work and Fee – Attachment A.
The effort under this task includes providing support for community outreach, including
attending coordination meetings with the City and Stepherson & Associates; preparing for and
attending community steering committee meetings; and providing graphics and figures for
outreach events, communications materials, and website/online open house.
2.1 Attend coordination meetings with the City and Stepherson & Associates (up to 10, 1-2
staff) related to community outreach.
2.2 Coordination and review of Communications Plan.
2.3 Prepare graphics, figures and attend outreach events including up to three (3) public
meetings, up to two (2) community tabling events, and door-to-door outreach. KPG
Psomas will lead up to fifteen (15) door-to-door meetings and have direct conversation
with properties and businesses most impacted by the study.
2.4 Provide content for project-related communications materials including project fact
sheet(s), mailers, and email updates.
2.5 Prepare information for online open house.
2.6 Review and comment on Stepherson & Associates-produced draft summary
memorandum.
West Kitsap Way Corridor Study Page 3 of 11 Scope of Work
2.7 KPG Psomas will lead up to four (4) Steering Committee meetings. Working with the City,
we will prepare agendas, graphics, figures and other presentation/discussion materials for
community steering committee meetings, and will lead meetings along with City staff.
Task 2 Assumptions
• Steering Committee members will be identified and invited by the City of Bremerton.
• Meeting scheduling and member correspondence and invitations to the Steering
Committee will be handled by the City of Bremerton.
Task 2.5 Deliverables
The following deliverables will support the deliverables outlined under the scope of work
provided by Stepherson & Associates (see Attachment A).
• Prepare agendas, graphics, figures and other presentation/discussion materials for
community steering committee meetings.
• Steering Committee Meeting Summaries (1 draft, 1 final).
• Public outreach text, graphics, and figures for meetings, events, and open houses.
Task 3 - Survey
This task will be used to develop an AutoCAD Civil3D survey base drawing that will be used for
developing the AutoCAD design base drawing and will include conducting a topographic survey
to identify existing surface conditions within the project limits, using mobile terrestrial laser
scanning (MTLS), conventional electronic survey equipment and one- or two-person field crews.
3.1 Establish horizontal and vertical control points: NAD 83 (2011) horizontal datum and
NAVD88 vertical datum, including establishment of approximately fourteen (14) ground
control for the MTLS.
3.2 Conduct field and office mapping utilizing MTLS to locate the following:
a) Sidewalks and curb ramps.
b) Curbs/edges of pavement.
c) Surface evidence of underground utilities (water, sewer, storm, and gas),
including meters, valves, hydrants, manholes, catch basins, and other
associated appurtenances, but excluding side sewers.
d) Surface evidence of conductible utilities (power, telephone, fiber optic),
including utility poles, meters, and associated appurtenances.
e) Other surface features or improvements that may impact the design
f) Process collected data and prepare base drawing using a scale of 1-inch
equals 20 feet and one-foot elevation contours
3.3 Conduct field mapping utilizing conventional surveying equipment to locate the following:
West Kitsap Way Corridor Study Page 4 of 11 Scope of Work
a) Vegetation, landscaping, and fencing within the road rights of way.
b) Street monuments and property corners necessary for road right of way
determination.
c) Features which are obscured in the MTLS mapping.
d) Supplement MTLS base map with conventional survey data.
3.4 Determine roadway rights of way within the project limits from available public records
(i.e., records of survey, plats, state right-of-way plans, etc.) and found survey monuments.
GIS data obtained from Kitsap County will be used to depict the apparent property lines.
3.5 Conduct field review and finalize AutoCAD Civil3D survey base map.
Task 3 Deliverables:
• Survey base map used for development of the design.
Task 3 Assumptions:
• Project limits for the base survey extend to the boundaries of the public right-of-way
along Kitsap Way between the Shorewood Drive intersection and the Bremerton city
limits on Chico Way and on Northlake Way, northwest of the Kitsap Way/Northlake
Way/Chico Way ‘Y’ intersection.
• KPG Psomas drafting standards will be utilized in preparation of the base map in
Civil3D v2018 format.
• Underground utility locates are not anticipated for this phase of work.
• Obtaining rights-of-entry onto private property are not anticipated for this phase of
work.
• Property boundaries shown on the design drawings for properties will be based on
Kitsap County GIS that is imported and georeferenced and “best fit” based on
surveyed locations of existing survey monuments. Property lines may be altered
further based on the results of research and calculations performed for future tasks,
such as the display of easement boundaries.
• GIS is not considered survey grade and a record of survey will not be required.
• Trees 8-inches DBH or greater within the survey limits defined above will be located
and identified as evergreen or deciduous. Determining tree dripline limits is not
included.
• Permits will not be required to complete the survey.
• The design team will adhere to the City’s standards for control and CAD deliverables.
• Monuments will not be disturbed by the design team so monument destruction
forms/permits will not be required. The contractor shall be responsible for these
forms should the contractor’s work disturb any monuments.
West Kitsap Way Corridor Study Page 5 of 11 Scope of Work
Task 4 – Transportation Planning Analysis
The Consultant will evaluate roadway alternatives for West Kitsap Way and prepare a
transportation analysis for the project. The following intersections are the study intersections
for this analysis:
1. Northlake Way NW / Chico Way NW – Kitsap Way
2. Harlow Drive / Kitsap Way
3. Lakehurst Drive NW / Kitsap Way
4. Lyle Avenue / Kitsap Way
5. Austin Drive / Kitsap Way
6. Kitsap Way / Burchfield Drive
7. Kitsap Way / Crawford Drive
8. Kitsap Way / Wilmont Street
9. SR 3 Southbound Off-Ramp – Auto Center Way / Kitsap Way
10. SR 3 Northbound Ramps / Kitsap Way
11. Shorewood Drive / Kitsap Way
4.1 Document Existing Transportation Conditions including:
• Review previous relevant transportation plans and studies including City of Bremerton
Comprehensive Plan, and Non-Motorized Plan and Joint Compatibility Transportation
Plan as well as the connections to regional transportation facilities.
• Review and analyze historical crash data for the last five (5) years at intersections and
mid-block street segments within the study area. Using this data, KPG Psomas will
analyze the frequency, types, and rates and locations of crashes.
• Review existing pedestrian and bicycle facilities including connections to non-
motorized destinations, regional trails, parks, transit services, intersection crossings,
and assessment of non-motorized system continuity.
• Document existing street system including intersection lane channelization and traffic
controls, posted speed limits, street classification, AM and PM peak hour intersection
turning movement volumes, and on-street parking locations within the study area.
• Review corridor geometrics. This includes review of sight distance, grades, corner
radii, lane alignment, and other geometric features of the corridor.
• Existing conditions will be summarized for presentation to City staff and Steering
Committee.
4.2 Conduct corridor walk with select KPG Psomas and City staff. City staff could include
planning, public works operations, and public works maintenance, public officials, parks
department and others. This half-day corridor walk will provide an interdisciplinary review
of the corridor and provide opportunities to collect data, confirm information, take
photographs, and identify current issues. This will also be an informal opportunity for
residents and businesses along the corridor to interact with the project team.
West Kitsap Way Corridor Study Page 6 of 11 Scope of Work
4.3 Develop Existing (2022) traffic operations model using Synchro 11 software.
• Review City-provided AM and PM peak hour transportation counts at up to eleven
(11) intersections and two (2) daily traffic counts including vehicle speed and
classification data to supplement City-provided historical data for the study area.
Compare collected counts to City-provided historical counts.
• Calibrate existing AM and PM peak hour traffic operations models to reflect observed
conditions.
• Evaluate existing AM and PM peak hour traffic intersection level of service (LOS) and
delay (seconds) and identify existing queuing issues at study intersections.
4.4 Develop 2050 Future Vehicle Forecasts. Work with City staff to develop AM and PM peak
hour traffic volume forecasts based on previous forecasts from the Joint Compatibility
Transportation Plan and other sources. Identify and include expected improvements from
private development.
4.5 Develop up to three (3) multimodal corridor alternatives. Building upon information from
existing conditions analysis, existing and future traffic modeling, and public input, the
Consultant team will work with the City and steering committee to select corridor
alternatives for the evaluation. For each alternative, conceptual cross sections will be
developed showing travel lanes, medians, pedestrian and bicycle facilities, and landscaped
buffers.
4.6 Analyze 2050 AM and PM peak hour traffic operations for up to three (3) multimodal
corridor alternatives. The analysis will evaluate intersection level of service (LOS) and
delay (seconds) and identify queuing issues for the study intersections. This task may
include evaluation traffic signal warrants as needed.
4.7 Prepare preliminary planning level cost estimates for up to three (3) alternatives
developed in Task 4.5 to determine order of magnitude cost differences between the
alternatives.
4.8 Analyze corridor alternatives to evaluate and compare safety, pedestrian and bicycle
mobility, traffic operations, transit operations, vehicle access to properties, property and
right of way impacts, and relative comparison of cost. Working with City staff and key
stakeholders, KPG Psomas will develop a comparison matrix that evaluates corridor
performance under each alternative. Based on the results of the alternatives analysis, a
preferred alternative will be selected for the corridor.
4.9 Refine preferred alternative. The 2050 traffic operations model will be used to
recommend turn lane storage lengths, intersection controls and preliminary signal
phasing and timing. These results will inform the development of a preliminary design of
the corridor and the priority project list. The task includes consideration of up to one (1)
modified or hybrid alternative to the preferred alternative.
West Kitsap Way Corridor Study Page 7 of 11 Scope of Work
Task 4 Deliverables:
• Existing conditions analysis summary
• Existing (2020) Traffic Operations Model (Synchro)
• 2050 Baseline Model (Synchro)
• Cross sections of Corridor Alternatives
• 2050 Corridor Alternatives Models (Synchro) for up to three (3) alternatives
• Conceptual planning level cost estimate (PDF) for up to three (3) alternatives
Task 4 Assumptions:
• City will collect and provide traffic count data for the analysis.
• One future year forecast (2050) will be used in the analysis. Evaluation of travel
conditions under alternative land use scenarios are not assumed as part of this
analysis.
• The project does not include completion of an Intersection Control Evaluation (ICE) for
improvements within the WSDOT SR 3 limited access area at the Kitsap Way
interchanges.
• Only one recommended alternative will be carried forward into the study (Tasks 5-9).
Task 5 – Preliminary Corridor Design
Effort under this task includes the anticipated work necessary to determine the horizontal and
approximate vertical alignment of the roadway, and preferred cross-section, conceptual design
treatments, and to identify possible utility improvements that should be considered in
conjunction with roadway improvements. Design elements that will be considered during the
preliminary design are:
• Preferred cross-section developed under Task 4
• Stormwater improvements required per the Department of Ecology Task 6
• Pavement rehabilitation method as developed under Task 7
• Impacts to private property
• Right of way impacts for preferred cross-section
• Constructability and Phasing
• Cost Estimate
5.1 Develop the preliminary corridor design for the preferred alternative. This includes
assessment of access points, preliminary stormwater conveyance and treatment, City-
owned utility improvements, roadway rehabilitation, retaining wall profiles and types,
private property impacts, right of way requirements, conceptual multimodal design
treatments and other preliminary design information. The layout will show roadway and
intersection channelization, intersection traffic control, driveways, sidewalks, crosswalks,
curb ramps, bicycle facilities, transit facilities, on-street parking stalls, curb, and planter
strip locations, and right of way lines.
West Kitsap Way Corridor Study Page 8 of 11 Scope of Work
5.2 Develop a preliminary cost estimate for the preferred alternative that includes Design,
Right of Way, and Construction Costs. The cost estimate will be based on typical unit
prices for civil site features, stormwater, landscaping and plantings, and traffic controls.
Right of Way estimates will be based on average residential or commercial land values of
the area, along with factors for obtaining utility easements (if needed).
5.3 Utility Coordination Meetings – Meet with City and/or private utility representatives to
discuss utility concerns and challenges that may be present as part of the development of
the preliminary corridor design.
Task 5 Deliverables
• Preliminary (10%) Layout of Preferred Alternative (PDF Roll Plot)
• Preliminary (10%) Cost Estimate for Preferred Alternative (PDF)
Task 5 Assumptions
• ADA ramps will be developed to determine the configuration of ramps to confirm
space requirements but will not be elevated.
• Individual plan sheets will not be provided for design options. Design options will be in
the form of roll plots with improvements shown to scale.
• Details such as profile locations of proposed utilities will not be shown unless critical.
Task 6 - Stormwater Review
This task includes the effort required to perform conceptual stormwater analysis, conceptual
design of preferred alternative roadway layout and summarize the project’s potential
stormwater management requirements for the selected layout in accordance with the 2021
Kitsap County Stormwater Design Manual (KCSWDM), the equivalent manual to the 2019
Washington State Department of Ecology Stormwater Management Manual for Western
Washington and City of Bremerton Code.
6.1 Stormwater Requirements: Research and review the existing drainage patterns and
existing drainage system within the project limits and identify project discharge points
and downstream conveyance systems to Kitsap Lake and Ostrich Bay Creek; identify
threshold discharge areas (TDAs) based on existing conditions; coordinate with City to
identify any SWM projects proposed in the next ten years based on review of the City
Comprehensive Plan and/or discussions with City staff.
Evaluate the applicability of the minimum requirements for Runoff Treatment, Flow
Control, and On-Site stormwater management following the KCSWDM as applicable to a
transportation redevelopment project, based on target surface areas for each design
alternative.
6.2 Conveyance Systems: Provide preliminary horizontal layout of new drainage structures
and pipes for the selected of the Kitsap Way roadway design alternative, and associated
pipes conveyance for potential stormwater management facilities (Task 6.3, Task 6.4, and
West Kitsap Way Corridor Study Page 9 of 11 Scope of Work
Task 6.5), and connections to the downstream systems. Ponding analysis will be
conducted if modeling shows that ponding is occurring. Conveyance system analysis and
design will be performed in accordance with the KCSWDM.
6.3 Flow Control Facilities: Provide a conceptual layout based on preliminary sizing to meet
KCSWDM Minimum Requirement No. 6. Flow Control Facilities for the selected roadway
alternative (depending on the increase of hard surfaces). Potential detention facilities
include underground vaults or tanks, and retrofits of any existing detention facilities
downstream of the project site. Facility alternatives will consider potential construction
cost, right-of-way acquisition, maintenance requirements, and other relevant criteria as
identified through discussions with City staff. The preferred facility design and
recommended stormwater management approach will be summarized in a technical
memorandum.
6.4 Water Quality Facilities: Consultant will conceptually design water quality treatment as a
required for each TDA and new discharges into Kitsap Lake and Ostrich Bay Creek to meet
KCSWDM Minimum Requirement No. 6 Runoff Treatment. Work will include identifying
water quality treatment devices or facilities and locations, as well as opportunities to
utilize On-Site Stormwater management facilities for treatment.
6.5 On-site Stormwater Management Facilities: The Consultant will assess the feasibility of
on-site stormwater treatment facilitates as required for each TDA to meet Minimum
Requirement No 4. The consultant will identify potential locations of facilities. The
consultant will also assess feasibility in utilizing On-Site Stormwater Management BMPs to
reduce the size of or eliminate the need of flow control and/or water quality facilities.
Task 6 Deliverables:
• PDF of Technical Memorandum Summary of Stormwater Requirements and Facilities
Required based on selected roadway alternative
• Preliminary Layout of Stormwater Facilities and Conveyance Systems
• Preliminary Construction Cost Estimate
Task 6 Assumptions:
• Flow control and water quality treatment analysis will be required.
• The City will provide As-Builts of the roadway and adjacent parcels as well as GIS data
of contours and the existing stormwater drain network including stormwater pipes,
structures, facilities and BMPs.
• The project corridor lies within two drainage basins: Kitsap Lake and Ostrich Bay
Creek. Phosphorous treatment is required for runoff in the Kitsap Lake basin.
• Information on infiltration feasibility and design will not be obtained from
geotechnical engineer for evaluation of On-Site Stormwater Management (Minimum
Requirement No. 5). Consultant will summarize the requirements for the project and
West Kitsap Way Corridor Study Page 10 of 11 Scope of Work
include potential locations of on-site stormwater management BMPs based on
selected roadway layout.
Task 7 – Geotechnical Review
See HWA Geosciences Inc. Scope and Fee – Attachment B
Task 7 Deliverables:
• Draft PDF of Geotechnical Report presenting results of exploration and engineering
recommendations.
• Final PDF of Geotechnical Report.
Task 7 Assumptions:
• Recommendations from Geotechnical Report will be reviewed and incorporated into
the civil design and will be a consideration in preparing cost estimates.
Task 8 – Prioritization of Improvements
This task will develop and perform an evaluation to identify project phases and prioritize
improvements for the City’s TIP process.
8.1 Develop a set of multimodal improvement project phases based on the City goals and
policies, public and stakeholder outreach, existing and future multimodal needs, safety
analysis, traffic operations analysis, transit plans, aesthetics, and property and
environmental impacts, constructability, and cost. Each project phase will include a
description of the improvements and typical cross sections, and primary challenges that
the improvement aims to mitigate.
8.2 Develop preliminary cost estimates for project phases. These may be developed from
intersection or corridor alternative cost estimates.
8.3 Identify prioritization criteria for project phases. Working with City staff and the Steering
Committee, Consultant will provide potential prioritization criteria for each project phase.
8.4 Coordinate with the City to develop an implementation strategy for the project phases,
including the potential for construction of improvements by future developments and
securing City and grant funding.
Task 8 Deliverables:
• Draft and Final Report in PDF
Task 9 – Draft and Final Report
KPG Psomas will document the findings and recommendations from Tasks 1-8 to develop the
report for the West Kitsap Way Corridor Study.
9.1 Prepare text, figures, graphics, tables into a draft report.
West Kitsap Way Corridor Study Page 11 of 11 Scope of Work
9.2 Prepare final report Once comments are received from the City, KPG Psomas will update
the document and submit a final report to the City.
Task 9 Deliverables:
• Draft and Final Report (PDF)
• Two (2) printed and bound copies of the Final Report
Management Reserve
The Management Reserve has been added to address any additional services the City may
require of the Consultant Team. The scope of these services will be determined based on
unanticipated project needs or other considerations at the sole discretion of the City. This work
may include items identified in Tasks 1-9. This work will be conducted on an as needed basis
and the Consultant will not proceed with this task until authorized by the City.
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
Exhibit B
DBE Participation Plan
In the absents of a mandatory DBE goal, a voluntary SBE goal amount of ten percent of the Consultant Agreement
is established. The Consultant shall develop a SBE Participation Plan prior to commencing work. Although the
goal is voluntary, the outreach efforts to provide SBE maximum practicable opportunities are not.
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
Exhibit C
Preparation and Delivery of Electronic Engineering and Other Data
In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is
to use in preparing electronic files for transmission to the agency. The format and standards to be provided may
include, but are not limited to, the following:
I.Surveying, Roadway Design & Plans Preparation Section
A.Survey Data
B.Roadway Design Files
C.Computer Aided Drafting Files
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
D.Specify the Agency’s Right to Review Product with the Consultant
E.Specify the Electronic Deliverables to Be Provided to the Agency
F.Specify What Agency Furnished Services and Information Is to Be Provided
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
II.Any Other Electronic Files to Be Provided
III.Methods to Electronically Exchange Data
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
A.Agency Software Suite
B.Electronic Messaging System
C.File Transfers Format
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
Exhibit D
Prime Consultant Cost Computations
May 5, 2022
KPG, P.S.
3131 Elliott Avenue, Suite 400
Seattle, WA 98121
Subject: Acceptance FYE 2021 ICR CPA Report
Dear Susan Rowe:
We have accepted your firms FYE 2021 Indirect Cost Rate (ICR) of 173.37% (0.27%
Facilities Capital Cost of Money)
Stambaugh Ness, Inc. This rate will be applicable for WSDOT Agreements and Local
Agency Contracts in Washington only. This rate may be subject to additional review if
considered necessary by WSDOT. Your ICR must be updated on an annual basis.
Costs billed to agreements/contracts will still be subject to audit of actual costs, based
on the terms and conditions of the respective agreement/contract.
This was not a cognizant review. Any other entity contracting with the firm is
responsible for determining the acceptability of the ICR.
If you have any questions, feel free to contact our office at (360) 705-7019 or via email
consultantrates@wsdot.wa.gov.
Regards;
ERIK K. JONSON
Contract Services Manager
EKJ:ah
Est Direct Salary
Office Overhead @
1.7337 Fee @ 24% of DL Inclusive Rate
1.7337 24%
Classification Low Hi Costs (DSC)Of DSC of DSC (Rounded to $1)
Principal 89 99 93.91 162.81 22.54 279
Engineering Manager 79 87 82.73 143.43 19.86 246
Senior Engineer 67 74 70.35 121.97 16.88 209
Senior Project Engineer 62 68 64.91 112.53 15.58 193
Project Engineer II 54 59 56.59 98.11 13.58 168
Project Engineer I 46 51 48.23 83.62 11.58 143
Design Engineer 41 46 43.57 75.54 10.46 130
Engineering Technician 36 40 37.69 65.34 9.05 112
Technician 32 35 33.60 58.26 8.06 100
Engineering Assistant 29 32 30.23 52.40 7.25 90
Principal Architect 75 83 78.75 136.53 18.90 234
Aviation Manager 58 65 61.50 106.61 14.76 183
Senior Architect 53 58 55.65 96.48 13.36 165
Architecture Technician II 40 45 42.47 73.64 10.19 126
Architecture Technician I 32 35 33.50 58.08 8.04 100
Survey Manager 79 87 82.73 143.43 19.86 246
Survey Crew II (W/Equip)78 86 82.00 142.16 19.68 244
Survey Crew I (W/Equip)61 68 64.50 111.82 15.48 192
Project Surveyor 51 57 54.06 93.72 12.97 161
Senior Field Surveyor 43 47 44.90 77.84 10.78 134
Field Surveyor 39 43 40.74 70.63 9.78 121
Senior Survey Technician 43 47 45.12 78.22 10.83 134
Survey Technician 35 39 37.08 64.29 8.90 110
Survey Assistant 29 32 30.20 52.36 7.25 90
Urban Design Manager 63 69 66.02 114.46 15.84 196
Project Landscape Architect 47 52 49.85 86.42 11.96 148
Landscape & Graphics Technician 32 35 33.48 58.04 8.03 100
Landscape Assistant 28 31 29.81 51.68 7.15 89
Senior Transportation Planner 57 63 59.93 103.90 14.38 178
Transportation Planner 36 39 37.54 65.08 9.01 112
Senior Construction Manager 77 85 80.76 140.01 19.38 240
Construction Manager 56 62 59.25 102.72 14.22 176
Senior Resident Engineer 49 55 52.00 90.15 12.48 155
Resident Engineer 45 49 46.95 81.40 11.27 140
Assistant Resident Engineer 41 45 42.79 74.19 10.27 127
Senior Construction Observer 67 74 70.00 121.36 16.80 208
Construction Observer III 44 50 47.00 81.48 11.28 140
Construction Observer II 39 44 41.50 71.94 9.96 123
Construction Observer I 32 35 33.28 57.70 7.99 99
Construction Technician 29 32 30.23 52.40 7.25 90
Document Control Specialist 42 46 44.24 76.70 10.62 132
Document Control Admin 33 36 34.32 59.50 8.24 102
Construction Assistant 24 26 24.96 43.27 5.99 74
CAD Manager 56 62 59.39 102.97 14.25 177
Senior CAD Technician 43 48 45.34 78.61 10.88 135
CAD Technician 37 41 39.09 67.77 9.38 116
Business Manager 56 61 58.52 101.46 14.04 174
Senior Admin 41 45 43.00 74.55 10.32 128
Office Admin 31 34 32.24 55.89 7.74 96
Office Assistant 26 28 27.04 46.88 6.49 80
2022 Salary Adjusted Rates
Reimbursables billed at actual costs.
Mileage billed at the current approved IRS mileage rate.
KPG, PS
Summary of Negotiated Costs
Effective July 20, 2021 through June 20, 2022
2022 Estimated Salary
Range
EXHIBIT D
PRIME CONSULTANT COST COMPUTATIONS
Client: City of Bremerton
Project: West Kitsap Way Planning Study
DATE: 7-1-2022
Project ManagerEngineering ManagerSenior Project EngineerProject Engineer IIProject Engineer IDesign EngineerSurvey ManagerSurvey Crew II (W/Equip)Project SurveyorSenior Survey TechnicianUrban Design ManagerNon-Motorized DesignerLandscape & Graphics TechnicianSenior Transportation PlannerTransportation PlannerBusiness Manager178 246 193 168 143 130 246 244 161 134 196 148 100 178 112 174 Hours Amount
1.1 Progress Reports 15 15 30 5,280.00$
1.2 Coordination Meetings (20)25 3 6 6 3 3 3 5 54 9,636.00$
1.3 Monthly Team Meetings 20 3 15 15 4 15 15 15 102 17,862.00$
1.4 WSDOT Meetings (2)5 2 3 2 3 15 2,812.00$
1.5 QA/QC 16 16 6 4 4 4 50 10,422.00$
81 24 6 24 0 6 22 0 0 0 13 18 0 27 15 15 251 46,012.00$
2.1 Coordination Meetings (10 meetings)10 10 10 30 4,260.00$
2.2 Communications Plan 4 2 6 1,008.00$
2.3 Outreach Events - 1+1 mtgs and 2 table events)20 20 16 24 56 4 140 18,864.00$
2.4 Communications Materials 8 8 8 6 30 4,476.00$
2.5 Online Open Houses (3 meetings)18 8 16 8 50 7,412.00$
2.6 Summary Memorandum 4 4 8 1,304.00$
2.7 Community Steering Committee (4 meetings)20 2 24 30 8 84 11,928.00$
84 0 0 20 0 16 0 0 0 0 2 80 120 26 0 0 348 49,252.00$
3.1 Survey Control 2 32 8 8 50 10,660.00$
3.2 MTLS Survey 20 40 20 150 230 38,000.00$
3.3 Conventional Survey 2 40 40 82 15,612.00$
3.4 Right of Way Determination 8 80 20 108 17,528.00$
3.5 Field Review and Finalize Base Map 8 20 28 4,648.00$
0 0 0 0 0 0 40 112 108 238 0 0 0 0 0 0 498 86,448.00$
4.1 Existing Transportation Conditions 8 18 54 80 10,676.00$
4.2 Corridor Walk 12 0 6 6 6 0 30 5,100.00$
4.3 Existing Traffic Operations Model 4 16 32 52 7,144.00$
4.4 2050 Forecasts Model and Future Conditions 8 24 10 42 6,816.00$
4.5 Development of Corridor Alternatives (up to 3)16 2 2 18 18 20 8 84 12,652.00$
4.6 2050 Analysis of Alternatives (up to 3)16 8 32 60 116 16,448.00$
4.7 Preliminary Planning Level Cost Estimates 4 12 30 12 58 8,404.00$
4.8 Alternatives Analysis 24 8 8 26 18 84 13,444.00$
4.9 Preferred Alternative Refinement 8 8 24 36 50 126 17,016.00$
100 2 0 26 0 30 0 0 0 0 2 60 42 178 232 0 672 97,700.00$
5.1 Preliminary Corridor Design (10%)4 6 40 100 6 24 60 240 32,590.00$
5.2 Preliminary Project Cost Estimates 2 16 40 4 8 16 86 11,948.00$
5.3 Utilities Meetings (2)1 2 2 5 774.00$
1 6 6 58 0 142 0 0 0 0 10 32 76 0 0 0 331 45,312.00$
Task 3 - Survey
Task Total
Task 2 - Public Involvement (KPG Psomas Only) - See also Stepherson & Associates Attachment A
Task Total
Task 4 - Transportation Planning Analysis
Task Total
Task 5 - Preliminary Corridor Design
Task Total
Task No.Task Description
Labor Hour Estimate
Total Hours and Labor
Estimate by Task
Task 1 - Project Management
Task Total
Page 1 of 2
Project ManagerEngineering ManagerSenior Project EngineerProject Engineer IIProject Engineer IDesign EngineerSurvey ManagerSurvey Crew II (W/Equip)Project SurveyorSenior Survey TechnicianUrban Design ManagerNon-Motorized DesignerLandscape & Graphics TechnicianSenior Transportation PlannerTransportation PlannerBusiness Manager178 246 193 168 143 130 246 244 161 134 196 148 100 178 112 174 Hours Amount
Task No.Task Description
Labor Hour Estimate
Total Hours and Labor
Estimate by Task
6.1 Stormwater Requirements 2 2 8 16 24 8 12 72 10,184.00$
6.2 Conveyance System Design 1 4 16 32 53 7,398.00$
6.3 Flow Control Facilitates Design 1 8 12 24 45 6,558.00$
6.4 Water Quality Facilities Design 1 8 12 24 45 6,558.00$
6.5 On-Site Stormwater Facilities Design 1 4 12 24 41 5,786.00$
6 2 32 0 68 128 0 0 0 0 0 8 12 0 0 0 256 36,484.00$
7.1 Project Setup/Coordination 2 2 2 6 1,184.00$
7.2 Prepare TCP and ROW Use Application 0 -$
7.3 Mark Exploration Locations & Arrange Utility Locates 0 -$
7.4 Pavement Coring 0 -$
7.5 Exploration Logs and Assign Lab Testing 0 -$
7.6 Engineering Analysis 0 -$
7.7 Draft Report 2 2 4 722.00$
7.8 Final Report 0 -$
7.9 Project Management / Meetings 2 2 4 742.00$
4 2 4 4 0 0 0 0 0 0 0 0 0 0 0 0 14 2,648.00$
8.1 Identify Project Phases 12 6 6 12 6 12 54 9,810.00$
8.2 Preliminary Cost Estimate 6 6 16 40 24 92 13,666.00$
8.3 Prioritization Criteria 12 12 8 32 5,168.00$
8.4 Implementation Strategy 20 2 6 4 20 52 9,362.00$
50 8 18 28 0 40 0 0 0 0 0 34 0 44 8 0 230 38,006.00$
9.1 Draft Report 16 2 16 24 40 60 158 21,848.00$
9.2 Final Report 8 2 8 16 6 8 48 6,564.00$
24 0 0 0 0 0 0 0 0 0 4 24 40 46 68 0 206 28,412.00$
350 44 66 160 68 362 62 112 108 238 31 256 290 321 323 15 2,806 430,274.00$
Stepherson & Associates 56,914.00$
HWA Geosciences Inc 22,518.00$
$79,432.00
Mileage/Tolls Mileage at current IRS rate 683.00$
Mileage - Survey Mileage at current IRS rate 1,800.00$
Per Diem - Survey Per Diem 1,500.00$
3,983.00$
513,689.00$
25,000.00$
538,689.00$
Task Total
Task 7 - Geotechnical Review (KPG Psomas Only) - See also HWA Geosciences Inc Attachment B
Task Total
Task 6 - Stormwater Review
Management Reserve
PROJECT TOTAL
Task Total
Task 8 - Prioritization of Improvements
Total Estimated Budget
Total Labor Hours and Amount
Total Subconsultant Expense
Reimbursable Direct Non-Salary Costs
Total Reimbursable Expense
Task 9 - Draft and Final Report
Task Total
Page 2 of 2
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
Exhibit E
Sub-consultant Cost Computations
If no sub-consultant participation listed at this time. The CONSULTANT shall not sub-contract for the
performance of any work under this AGREEMENT without prior written permission of the AGENCY. Refer to
section VI “Sub-Contracting” of this AGREEMENT.
September 9, 2021
HWA GeoSciences, Inc.
21312 30th Drive SE, Suite 110
Bothell, WA 98021
Subject: Acceptance FYE 2020 ICR CPA Report
Dear Vasiliy Babko:
We have accepted your firms FYE 2020 Indirect Cost Rate (ICR) of 163.90% of direct
labor (rate includes 0.22% Facilities Capital Cost of Money)
Thomas W. Maxwell, CPA. This rate will be applicable for
WSDOT Agreements and Local Agency Contracts in Washington only. This rate may
be subject to additional review if considered necessary by WSDOT. Your ICR must be
updated on an annual basis.
Costs billed to agreements/contracts will still be subject to audit of actual costs, based
on the terms and conditions of the respective agreement/contract.
This was not a cognizant review. Any other entity contracting with the firm is
responsible for determining the acceptability of the ICR.
If you have any questions, feel free to contact our office at (360) 705-7019 or via email
consultantrates@wsdot.wa.gov.
Regards;
ERIK K. JONSON
Contract Services Manager
EKJ:ah
ANTE Negotiated
TITLE HOURLY Overhead Fixed Fee Billing
RATE 1.639 24.00% Rate
Administrative Support $30.00 $49.17 $7.20 $86.37
CAD $31.00 $50.81 $7.44 $89.25
Contracts Administrator $41.00 $67.20 $9.84 $118.04
Geologist III $36.00 $59.00 $8.64 $103.64
Geologist IV $41.00 $67.20 $9.84 $118.04
Geologist VIII $76.00 $124.56 $18.24 $218.80
Geotechnical Engineer VIII $78.00 $127.84 $18.72 $224.56
HWA GEOSCIENCES INC.
Summary of Negotiated Billing Rates
Project Cost Estimate HWA Ref: 2022-048
West Kitsap Way Planning Study Date: 30-Jun-22
Bremerton, Washington Prepared By:BKH
Prepared for KPG
Scope of Work
Coordinate locations of 16 pavement cores (4 per lane) with Client.
Prepare traffic control plans (TCP) and Right of Way (ROW) use permit application and submit to City of Bremerton for approval.
Mark locations of pavement cores arrange for utility locates.
Perform pavement coring at 16 locations. Shallow excavations will be performed through each pavement core.
Cores will be patched with compacted aggregate and Aquaphalt cold patch.
Prepare photographic logs of pavement cores and assign laboratory testing on selected samples.
Perform engineering analyses related to pavement design.
Prepare a draft report presenting the results of our explorations and engineering recommendations.
Finalize report based on review comments.
ESTIMATED HWA LABOR:
Geol. VIII Engr. VIII Geol. III Geol. IV Contracts CAD Clerical TOTAL TOTAL
$218.80 $224.56 $103.64 $118.04 $118.04 $89.25 $86.37 HOURS AMOUNT
Project Setup/Coordination 2 2 4 $685
Prepare TCP and ROW Use Application and Submit to City 1 2 3 $461
8 8 16 $2,741
Perform Pavement Coring (assume 3 days)32 32 64 $7,094
2 10 12 $1,630
Engineering Analyses 8 8 $1,796
Prepare Draft Report 4 8 4 4 20 $3,501
Prepare Final Report 1 2 2 1 6 $933
Consultation / Project Management / Meetings 4 4 $898
Total Labor Cost 5 35 32 56 2 6 1 137 $19,738
LABORATORY TEST SUMMARY:ESTIMATED DIRECT EXPENSES:
Est. No.Unit Total Mileage @ 0.585/mi $250
Drilling Subcontractor $0
Test Tests Cost Cost Ferry $150
Grain Size Distribution 8 $115 $920 Pavement Coring (@ $60/core)$960
Grain Size with Hydrometer 0 $250 $0 Traffic Control (Arrowboard/Signs/Etc.)$500
Atterberg Limits 0 $235 $0 Laboratory Testing $920
LABORATORY TOTAL:$920 TOTAL DIRECT EXPENSES:$2,780
PROJECT TOTALS AND SUMMARY:
Total Labor Costs $19,738
Direct Expenses $2,780
GRAND TOTAL:$22,518
Assumed Conditions:
1. All costs are estimated, and may be increased or decreased within the limits of the total budget at the discretion of HWA's project manager.
2. No ROW Use fees will be required.
3. This estimate does not include an environmental assessment.
PERSONNEL & 2022 BILLING RATES
WORK TASK
DESCRIPTION
Prepare Exploration Logs and Assign Lab Testing
Mark Exploration Locations & Arrange Utility Locates
2022-048 W Kitsap Way Investigation 06-30-22.xls
WEST KITSAP WAY PLANNING STUDY
SCOPE OF WORK
STEPHERSON & ASSOCIATES COMMUNICATIONS
APRIL 25, 2022
Stepherson & Associates Communications
Exhibit A
Scope of Work
W Kitsap Way Planning Study
Agreement Number: TBD
Page: 1 of 5
PROJECT NAME: W Kitsap Way Planning Study
PRIMARY POINT-OF-CONTACT FOR CONSULTANT: John Davies, KPG+Psomas
Project Assumptions
• Duration of scope is 15 months (April 2022 to June 2023).
• Stepherson & Associates Communications (CONSULTANT) will invoice KPG+Psomas
(PRIME CONSULTANT) on a monthly time and material basis.
• All approved direct expenses will be billed to City of Bremerton. City will be billed
directly for all printing, postage and distribution costs associated with community
outreach materials.
• Public event promotions and media will be led by City of Bremerton.
• PRIME CONSULTANT and/or City of Bremerton will provide all content necessary for
display board, open house, and/or presentation development.
• All work performed will be in accordance with City of Bremerton guidelines as
applicable.
COMMUNICATIONS ELEMENTS
TASK 2 – Community Outreach
CONSULTANT will develop a Communications Plan and strategy in accordance with the City of
Bremerton’s engagement requirements. CONSULTANT will provide outreach to inform and engage
those within the immediate project area and neighborhood.
Task 2.1 Project Management and Coordination
General administration
CONSULTANT will have ongoing communication with the technical planning team, as well as the
City of Bremerton project team. CONSULTANT will ensure streamlined and effective
management of the various work elements. This also includes general management of scope,
schedule, budget, monthly reporting and invoicing.
Communications kick-off meeting
CONSULTANT will plan, facilitate, and report on a 1.5-hr communications kickoff meeting. The
meeting will review project outreach goals, roles, guidelines, methods, and inclusive outreach
approach. The meeting will support efforts to ensure effective communications and decision-
making during project execution. Up to 2 consultant staff will attend. CONSULTANT will prepare
meeting agenda and summary.
Consultant team meetings
CONSULTANT will plan and facilitate meetings with KPG+Psomas (PRIME CONSULTANT) to
coordinate on technical planning and plan for engagement.
Exhibit A
Scope of Work
W Kitsap Way Planning Study
Agreement Number: TBD
Page: 2 of 5
City of Bremerton Communications meetings
CONSULTANT will plan, facilitate and report on communications with the City of Bremerton. Up
to two (2) consultant team members will attend each meeting, depending on the agenda. The
CONSULTANT will prepare meeting agendas and summary of action items.
Task 2.1 Deliverables
• Monthly invoicing and reporting (up to 15 months)
• Communications team kickoff meeting, agenda, and summary (2 staff)
• Coordination meetings with KPG+Psomas (up to 10, 1 staff)
• Coordination meetings with City of Bremerton (up to 10, 2 staff)
Task 2.2 Communications Plan
CONSULTANT will develop a Communications Plan prior to beginning outreach. This
Communications Plan will identify approaches for effectively informing and involving all
audiences, outreach tools and methods, inclusive outreach strategies, and key messaging.
CONSULTANT will develop a work plan of methods once the Communications Plan is approved.
Task 2.2 Assumptions:
The Communications Plan will include a list of stakeholders, outreach methods, demographic
analysis, key messages, identify potential impacts and risks, and detail roles and responsibilities.
Consultant will have one (1) planning meeting with the City of Bremerton. Once the
Communications Plan is approved, CONSULTANT will develop a workplan.
Task 2.2 Deliverables
• Communications Plan (1 planning meeting, 1 draft, 1 final)
• Workplan (up to 14 updates)
• Key messages (1 draft, final, 2 updates)
• Demographic Analysis
Task 2.3 Events
CONSULTANT, in coordination with the City of Bremerton, will implement an approved
Communications Plan. Activities undertaken by the CONSULTANT team to inform and involve
the public will be in accordance with social distancing guidelines in place at the time.
Elements include:
Virtual presentations: Following social distancing guidelines, CONSULTANT will plan, schedule,
Exhibit A
Scope of Work
W Kitsap Way Planning Study
Agreement Number: TBD
Page: 3 of 5
prepare, staff, and report out on up to three (3) virtual presentation meetings. The purpose of
these public meetings are to meet project neighbors, present information on the project and
gather feedback from the community on needs and priorities and alternatives. These events
will use a platform like Zoom or MS Teams.
Tabling: CONSULTANT will attend community events, host a pop-up table, and/or attend
neighborhood fairs and festivals. CONSULTANT’s responsibilities include: scheduling, preparing
materials, staffing, reporting and coordinating any follow-up items. Up to two (2) events are
included in the task.
Task 2.3 Assumptions
• Technical information and design concept graphics will be provided by KPG+Psomas for
event materials.
• Tabling events will include one staff from S&A, and one staff from KPG+Psomas.
• Virtual presentation(s) content will be similar to content used for the online open
houses.
Task 2.3 Deliverables
• Tabling and events (1 staff, up to 2 events, 8 hours each)
• Virtual presentations (up to 3 virtual presentations, 2 staff)
Task 2.4 Communications Materials
CONSULTANT will coordinate with the City of Bremerton and the project team to facilitate
preparation, production and distribution of communications materials, including project fact
sheets, graphics, mailers or flyers, and signage in accordance with City of Bremerton brand
guidelines.
Elements include:
Fact sheet: Develop and update project fact sheet to share the project’s purpose and need, and
schedule.
Mailer: Develop corridor mailers to share project information and invite community to open
houses.
Email updates: Develop email updates to provide the latest details on the project to those most
interested.
Corridor signage: Develop corridor signage to grab attention of corridor users and direct them
Exhibit A
Scope of Work
W Kitsap Way Planning Study
Agreement Number: TBD
Page: 4 of 5
to the online open house.
Task 2.4 Assumptions
• KPG+Psomas will provide technical information and graphics to be used in project
materials.
• The City of Bremerton will review and approve all materials prior to distribution/use.
• CONSULTANT will be responsible for coordination with printers and mail houses. The
City of Bremerton will be billed by the vendor for these services.
• CONSULTANT will coordinate translation of materials. The City of Bremerton will pay
directly for translation costs.
• The City of Bremerton will provide branding guidelines or style guides.
Task 2.4 Deliverables
• Factsheet/folio (1 draft, 1 final, 1 update)
• Corridor mailings (1 draft, 1 final, up to 2 mailings)
• Email updates (1 draft, 1 final, up to 5)
• Corridor signage (1 draft, 1 final)
Task 2.5 Online Open House
To increase project reach and accessibility of project information, and to provide additional
avenues for the community to engage with the project, the CONSULTANT will, in close
cooridation with the City of Bremerton, employ online tools and tactics.
Elements include:
Online Open House: CONSULTANT will design, develop content for, promote among the public,
and maintain a project online open house using www.infocommunity.org. The online open
house will provide basic project information, and ways for community to learn more about
project alternatives and provide feedback.
Comment forms: Develop online comment forms to help understand 1) community priorities,
issues, and needs and 2) input on draft alternatives. These will be paired with the online open
house.
Task 2.5 assumptions
• City of Bremerton will host and provide content for their website.
• CONSULTANT’s online open house platform, infocommunity.org, will be used for the
project, unless specified by the City of Bremerton. Similar graphics and content from
materials and virtual presentations will be used when possible.
Exhibit A
Scope of Work
W Kitsap Way Planning Study
Agreement Number: TBD
Page: 5 of 5
Task 2.5 Deliverables
• Online open house (2 drafts, 1 final, up to 2 updates)
• Comment forms (1 draft, 1 final,)
Task 2.6 Public Outreach Summary
CONSULTANT will provide a brief summary (memorandum) of public outreach and involvement
efforts and results. Summary will include public outreach, events, summary of public input and
other results. This summary will be incorporated as an appendix to the overall project report
(Task 9).
Task 2.6 Deliverables
• Draft report (1 draft)
• Final report (1 final)
Optional Scope items
Walking tours: Plan for one walking tour of the corridor with stakeholders and neighbors to
discuss current conditions, improvements, and priorities. (1 walking tour, plan and attend, 2
staff)
Door-to-door outreach: CONSULTANT will support on-the-ground outreach to neighboring
businesses along West Kitsap Way. The PRIME CONSULTANT will lead this work. The purpose of
the outreach is to have direct conversation with properties and businesses most impacted by
the study. (1 staff, up to 8 hours)
PowerPoint presentations: Coordinate with the City of Bremerton to develop presentations for
briefings to stakeholder groups, City Council or Mayor's Office. PowerPoint presentations (1
draft, 1 final, up to 5 updates)
Survey: Develop a survey to help the project team understand 1) community priorities, issues,
and needs and 2) input on draft alternatives. These will be paired with the online open house.
September 28, 2021
Stepherson & Associates Communications
234 9th Avenue North
Seattle, WA 98109-5120
Subject: Acceptance FYE 2020 ICR Audit Office Review
Dear Jasmin Jacobs:
20 Indirect Cost Rate (ICR) of 140.17% of direct labor. This rate will be
applicable for WSDOT Agreements and Local Agency Contracts in Washington only.
This rate may be subject to additional review if considered necessary by WSDOT. Your
ICR must be updated on an annual basis.
Costs billed to agreements/contracts will still be subject to audit of actual costs, based
on the terms and conditions of the respective agreement/contract.
This was not a cognizant review. Any other entity contracting with your firm is
responsible for determining the acceptability of the ICR.
If you have any questions, feel free to contact our office at (360) 705-7019 or via email
consultantrates@wsdot.wa.gov.
Regards;
ERIK K. JONSON
Contract Services Manager
EKJ:ah
Est Direct Salary
Office Overhead
@1.4017 Fee @ 24% of DL 2021 Inclusive Rate
1.4017 24%
Classification Low Hi Costs (DSC) Of DSC of DSC (Rounded to $1)
Principal 70 80 76.80 107.65 18.43 203
Senior Associate 2 60 70 61.16 85.73 14.68 162
Senior Associate 1 50 60 50.65 71.00 12.16 134
Associate 3 42 50 44.75 62.73 10.74 118
Associate 2 34 42 39.46 55.31 9.47 104
Associate 1 28 34 34.00 47.66 8.16 90
Project Coordinator 20 29 29.00 40.65 6.96 77
Graphic Design 30 50 45.50 63.78 10.92 120
Administrative Suppo 20 35 28.37 39.77 6.81 75
Project Controller 40 60 57.70 80.88 13.85 152
Stepherson & Associates
Summary of Negotiated Costs
Effective July 20, 2021 through June 20, 2022
2021 Estimated Salary Range
Project Principal Senior Associate/PM Project Coordinator Associate 2 Project Controls Senior Associate 1 /
QAQC Graphics & Creative Multiplier
Item SCOPE OF WORK $203.00 $162.00 $77.00 $104.00 $152.00 $134.00 $120.00 1.0000
W Kitsap Way Planning Study - TASK 2
Task 2.1 Project management and coordination (10 mtgs)8 40 10 15 $11,424
Task 2.2 Communications Plan 3 10 16 3 $4,295
Task 2.3 Events (up to 2 tabling; 3 virtual presentations)25 25 40 14 $11,815
Task 2.4 Communications materials 2 20 12 25 5 20 $10,240
Task 2.5 Online open house 1 10 12 24 6 40 $10,847
Task 2.6 Public Outreach Summary Memorandum 1 12 40 4 10 $8,043
Labor Subtotal: 15 117 49 155 15 18 84 $56,664
Reimbursables:
$0
Labor Subtotal: 0 0 0 0 0 0 $0
Reimbursables:
15 117 49 155 15 18 84 453
203.00 162.00 77.00 104.00 152.00 134.00 120.00
3,045.00 18,954.00 3,773.00 16,120.00 2,280.00 2,412.00 10,080.00 56,664.00
Travel Parking $250.00
TOTAL $56,914.00
STEPHERSON & ASSOCIATES COMMUNICATIONS
July 7, 2022
West Kitsap Way Planning Study
Labor Sum:
Staff Biling Rates
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
Exhibit F - Title VI Assurances Appendix A & E
APPENDIX A
During the performance of this contract, the contractor, for itself, its assignees, and successors in
interest (hereinafter referred to as the "contractor") agrees as follows:
1.Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts
and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department of
Transportation, (Title of Modal Operating Administration), as they may be amended from time to time, which
are herein incorporated by reference and made a part of this contract.
2.Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not
discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors,
including procurements of materials and leases of equipment. The contractor will not participate directly or
indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices
when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21.
[Include Modal Operating Administration specific program requirements.]
3.Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations,
either by competitive bidding, or negotiation made by the contractor for work to be performed under a
subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or
supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and
the Regulations relative to Non-discrimination on the grounds of race, color, or national origin. [Include
Modal Operating Administration specific program requirements.]
4.Information and Reports: The contractor will provide all information and reports required by the Acts, the
Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other
sources of information, and its facilities as may be determined by the Recipient or the (Title of Modal
Operating Administration) to be pertinent to ascertain compliance with such Acts, Regulations, and
instructions. Where any information required of a contractor is in the exclusive possession of another who fails
or refuses to furnish the information, the contractor will so certify to the Recipient or the (Title of Modal
Operating Administration), as appropriate, and will set forth what efforts it has made to obtain the information.
5.Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non- discrimination
provisions of this contract, the Recipient will impose such contract sanctions as it or the (Title of Modal
Operating Administration) may determine to be appropriate, including, but not limited to:
a.withholding payments to the contractor under the contract until the contractor complies; and/or
b.cancelling, terminating, or suspending a contract, in whole or in part.
6.Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in
every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the
Regulations and directives issued pursuant thereto. The contractor will take action with respect to any
subcontract or procurement as the Recipient or the (Title of Modal Operating Administration) may direct as a
means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor
becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction,
the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In
addition, the contractor may request the United States to enter into the litigation to protect the interests of the
United States.
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
Exhibit F - Title VI Assurances Appendix A & E
APPENDIX E
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes
and authorities; including but not limited to:
Pertinent Non-Discrimination Authorities:
•Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
•The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §
4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of
Federal or Federal-aid programs and projects);
•Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of
sex);
•Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CFR Part 27;
•The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination
on the basis of age);
•Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits
discrimination based on race, creed, color, national origin, or sex);
•The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or
activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and
contractors, whether such programs or activities are Federally funded or not);
•Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of
disability in the operation of public entities, public and private transportation systems, places of public
accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by
Department of Transportation regulations at 49 C.F.R. parts 37 and 38;
•The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
•Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations, which ensures discrimination against minority populations by discouraging
programs, policies, and activities with disproportionately high and adverse human health or
environmental effects on minority and low-income populations;
•Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency,
and resulting agency guidance, national origin discrimination includes discrimination because of limited
English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to
ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
•Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating
because of sex in education programs or activities (20 U.S.C. 1681 et seq).
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
Exhibit G
Certification Document
Exhibit G-1(a) Certification of Consultant
Exhibit G-1(b) Certification of
Exhibit G-2
Exhibit G-3
Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary
Covered Transactions
Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
Certificate of Current Cost or Pricing Data Exhibit G-4
City of Bremerton
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 2//201
Exhibit G-1(a) Certification of Consultant
I hereby certify that I am the and duly authorized representative of the firm of
______________________________________________________________________________________
whose address is
______________________________________________________________________________________
and that neither the above firm nor I have
D Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration,
any firm or person (other than a bona fide employee working solely for me or the above CONS8/TANT)
to solicit or secure thisAGREEMENT;
E Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of
any firm or person in connection with carrying out thisAGREEMENT; or
F Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working
solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind
for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly
stated (ifany);
I acknowledge that this certificate is to be furnished to the _________________________________________
and the Federal Highway Administration, U.S. Department of Transportation in connection with this
AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and
Federal laws, both criminal and civil.
Consultant (Firm Name)
Signature (Authorized Official of Consultant) Date
KPG Psomas Inc.
3131 Elliott Avenue, Seattle WA 98121
Washington State Department of Transportation
KPG Psomas Inc.
7/5/2022
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 2//201
Exhibit G-1(b) Certification of ________________________________________
I hereby certify that I am the:
Other
of the _______________________________________, and ________________________________________
or its representative has not been required, directly or indirectly as an express or implied condition in connection
with obtaining or carrying out this AGREEMENT to:
a) Employ or retain, or agree to employ to retain, any firm or person; o
b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or
consideration of any kind; except as hereby expressly stated (if any):
I acknowledge that this certificate is to be furnished to the ___________________________________________
and the Federal Highway Administration, U.S. Department of Transportation, in connection with this
AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and
Federal laws, both criminal and civil.
Signature Date
Certified Authority
City of Bremerton
x
KPG Psomas Inc.City of Bremerton
Washington Dept of Transportation
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 2//201
Exhibit G-2 Certification Regarding Debarment Suspension and Other Responsibility
Matters - Primary Covered Transactions
I.The prospective primary participant certifies to the best of its knowledge and belief, that it and its
principals:
A.Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
B.Have not within a three (3) year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or
contract under a public transaction; violation of Federal or State anti-trust statues or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements,
or receiving stolen property;
C.Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of
this certification; an
D.Have not within a three (3) year period preceding this application / proposal had one or more public
transactions (Federal, State and local) terminated for cause or default.
II.Where the prospective primary participant is unable to certify to any of the statements in this
certification such prospective participant shall attach an explanation to this proposal.
Consultant (Firm Name)
Signature (Authorized Official of Consultant) Date
KPG Psomas Inc.
7/5/2022
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 2//201
Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for
Lobbying
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
1.No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any Federal agency, a
Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative AGREEMENT, and the extension, continuation,
renewal, amendment, or modification of Federal contract, grant, loan or cooperative AGREEMENT.
2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any Federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with this Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete and
submit Standard Form - LLL, “Disclosure Form to Report Lobbying,” in accordance with its
instructions.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file
the require certification shall be subject to a civil penalty of not less than $10,000.00, and not more than
$100,000.00 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall
require that the language of this certification be included in all lower tier sub-contracts, which exceed
$100,000 and that all such sub-recipients shall certify and disclose accordingly.
Consultant (Firm Name)
Signature (Authorized Official of Consultant) Date
KPG Psomas Inc.
7/5/2022
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 2//201
Exhibit G-4 Certification of Current Cost or Pricing Data
This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section of
the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted, either
actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer’s
representative in support of ______________________________________* are accurate, complete, and current
as of ______________________________________________**.
This certification includes the cost or pricing data supporting any advance AGREEMENT’s and forward pricing
rate AGREEMENT’s between the offer or and the Government that are part of the proposal.
Firm: ___________________________________________________________________________
Signature Title
Date of Execution __________________________________________________________***:
*Identify the proposal, quotation, request for pricing adjustment, or other submission involved, giving the appropriate identifying number (e.g. project title.)
**Insert the day, month, and year, when price negotiations were concluded and price AGREEMENT was reached.
***Insert the day, month, and year, of signing, which should be as close as practicable to the date when the price negotiations were concluded and the
contract price was agreed to.
West Kitsap Way Corridor Planning Study
June 6, 2022
KPG Psomas Inc.
Vice President
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 2//201
Exhibit H
Liability Insurance Increase
To Be Used Only If Insurance Requirements Are Increased
The professional liability limit of the CONSULTANT to the AGENCY identified in Section XII, Legal Relations
and Insurance of this Agreement is amended to $ _______________________ .
The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the
amount of $ __________________________________.
Such insurance coverage shall be evidenced by one of the following methods:
•Certificate of Insurance
•Self-insurance through an irrevocable Letter of Credit from a qualified financial institution
Self-insurance through documentation of a separate fund established exclusively for the payment of professional
liability claims, including claim amounts already reserved against the fund, safeguards established for payment
from the fund, a copy of the latest annual financial statements, and disclosure of the investment portfolio for
those funds.
Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed
$1 million per occurrence or the value of the contract, whichever is greater, then justification shall be submitted
to the Federal Highway Administration (FHWA) for approval to increase the minimum insurance limit.
If FHWA approval is obtained, the AGENCY may, at its own cost, reimburse the CONSULTANT for the
additional professional liability insurance required.
Notes: Cost of added insurance requirements: $ ___________________________.
•Include all costs, fee increase, premiums.
•This cost shall not be billed against an FHWA funded project.
•For final contracts, include this exhibit
______________________________________________________________________
N/A
N/A
N/A
N/A
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 2//201
Exhibit I
Alleged Consultant Design Error Procedures
The purpose of this exhibit is to establish a procedure to determine if a consultant has alleged design error is of a
nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the
resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some
material damage due to the alleged error by the consultant.
Step 1 Potential Consultant Design Error(s) is Identified by Agency’s Project Manager
At the first indication of potential consultant design error(s), the first step in the process is for the
Agency’s project manager to notify the Director of Public Works or Agency Engineer regarding the
potential design error(s). For federally funded projects, the Region Local Programs Engineer should be
informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer
may appoint an agency staff person other than the project manager, who has not been as directly
involved in the project, to be responsible for the remaining steps in these procedures.)
Step 2 Project Manager Documents the Alleged Consultant Design Error(s)
After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the
Director of Public Works or Agency Engineer’s concurrence, the project manager obtains more detailed
documentation than is normally required on the project. Examples include all decisions and descriptions
of work, photographs, records of labor, materials, and equipment.
Step 3 Contact the Consultant Regarding the Alleged Design Error(s)
If it is determined that there is a need to proceed further, the next step in the process is for the project
manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged
error(s). The project manager and other appropriate agency staff should represent the agency and the
consultant should be represented by their project manager and any personnel (including sub-consultants)
deemed appropriate for the alleged design error(s) issue.
Step 4 Attempt to Resolve Alleged Design Error with Consultant
After the meeting(s) with the consultant have been completed regarding the consultant’s alleged design
error(s), there are three possible scenarios:
•It is determined via mutual agreement that there is not a consultant design error(s). If this is the case,
then the process will not proceed beyond this point.
•It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case,
then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement
with the consultant. The settlement would be paid to the agency or the amount would be reduced
from the consultant’s agreement with the agency for the services on the project in which the design
error took place. The agency is to provide LP, through the Region Local Programs Engineer, a
summary of the settlement for review and to make adjustments, if any, as to how the settlement
affects federal reimbursements. No further action is required.
•There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may
request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency
Engineer for review. If the Director of Public Works or Agency Engineer, after review with theirlegal
counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5.
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 2//201
Step 5 Forward Documents to Local Programs
For federally funded projects, all available information, including costs, should be forwarded through the
Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet
with representatives of the agency and the consultant to review the alleged design error(s), and attempt to
find a resolution to the issue. If necessary, LP will request assistance from the Attorney General’s Office
for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of project costs
for federal reimbursement.
•If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to
reflect the agreed upon resolution. LP, in consultation with FHWA, will identify the amount of federal
participation in the agreed upon resolution of the issue.
•If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or
by litigation.
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 2//201
Exhibit J
Consultant Claim Procedures
The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The
following procedures should only be utilized on consultant claims greater than $1,000. If the consultant’s
claim(s) total a $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is
suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the
consultant’s claim(s) that total $1,000 or less.
This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential
claim by the consultant.
Step 1 Consultant Files a Claim with the Agency Project Manager
If the consultant determines that they were requested to perform additional services that were outside of
the agreement’s scope of work, they may be entitled to a claim. The first step that must be completed is
the request for consideration of the claim to the Agency’s project manager.
The consultant’s claim must outline the following:
•Summation of hours by classification for each firm that is included in the claim
•Any correspondence that directed the consultant to perform the additional work;
•Timeframe of the additional work that was outside of the project scope;
•Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the
additional work; and
•Explanation as to why the consultant believes the additional work was outside of the agreement
scope of work.
Step 2 Review by Agency Personnel Regarding the Consultant’s Claim for Additional Compensation
After the consultant has completed step 1, the next step in the process is to forward the request to the
Agency’s project manager. The project manager will review the consultant’s claim and will met with the
Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the
FHWA is participating in the project’s funding, forward a copy of the consultant’s claim and the
Agency’s recommendation for federal participation in the claim to the WSDOT Local Programs through
the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will
need to be from agency funds.
If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs
(if applicable), and FHWA (if applicable) agree with the consultant’s claim, send a request memo,
including backup documentation to the consultant to either supplement the agreement, or create a new
agreement for the claim. After the request has been approved, the Agency shall write the supplement
and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the
final payment for the agreement is subject to audit. No further action in needed regarding the claim
procedures.
If the Agency does not agree with the consultant’s claim, proceed to step 3 of the procedures.
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 2//201
Step 3 Preparation of Support Documentation Regarding Consultant’s Claim(s)
If the Agency does not agree with the consultant’s claim, the project manager shall prepare a summary
for the Director of Public Works or Agency Engineer that included the following:
•Copy of information supplied by the consultant regarding the claim;
•Agency’s summation of hours by classification for each firm that should be included in the claim
•Any correspondence that directed the consultant to perform the additional work;
•Agency’s summary of direct labor dollars, overhead costs, profit and reimbursable costs associate
with the additional work;
•Explanation regarding those areas in which the Agency does/does not agree with the consultant’s
claim(s);
•Explanation to describe what has been instituted to preclude future consultant claim(s); and
•Recommendations to resolve the claim.
Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency
Documentation
The Director of Public Works or Agency Engineer shall review and administratively approve or
disapprove the claim, or portions thereof, which may include getting Agency Council or Commission
approval (as appropriate to agency dispute resolution procedures). If the project involves federal
participation, obtain concurrence from WSDOT Local Programs and FHWA regarding final settlement
of the claim. If the claim is not eligible for federal participation, payment will need to be from agency
funds.
Step 5 Informing Consultant of Decision Regarding the Claim
The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final
decision regarding the consultant’s claim(s). Include the final dollar amount of the accepted claim(s) and
rationale utilized for the decision.
Step 6 Preparation of Supplement or New Agreement for the Consultant’s Claim(s)
The agency shall write the supplement and/or new agreement and pay the consultant the amount of the
claim. Inform the consultant that the final payment for the agreement is subject to audit
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: July 27, 2022
Supplemental Agreement No. 4 with
Skillings, Inc. for the Design of the
Washington & 11th Street Roundabout
Project
COUNCIL MEETING Date: August 3, 2022
Department: PW&U Engineering
Presenter: Shane Weber
Phone: (360) 473-2354
SUMMARY:
In November 2019, the City executed a contract with Skillings, Inc. to design the Washington and
11th Street Roundabout project for $530,000.00. Three supplement agreements have been
executed: Supplement No. 1 was a no cost change to remove a survey subconsultant from the
design contract. Supplement No. 2 was in the amount of $130,882.99 and added additional design
work to replace sidewalks on lower Washington Avenue and replace two water main crossings on
11th Street. Supplement No. 3 was in the amount of $95,358.28 and added scope to redesign the
mainline alignment and replace an existing wall to address neighborhood concerns. Supplement No.
3 also added time by extending the contract through December 21, 2024.
The proposed Supplement No. 4 increases the contract value by $167,369.09 to a new total of
$923,610.36; the work includes landscaping design, ad-bid support services and construction
engineering support services.
ATTACHMENTS:
1) Local Agency Supplemental Agreement No. 4 with Skillings, Inc.
FISCAL IMPACTS (Include Budgeted Amount):
This project is in the Transportation Capital Fund, no budget adjustment is required.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve Supplemental Agreement No. 4 with Skillings, Inc. for the Washington & 11th Street
Roundabout Project; and authorize the Mayor to finalize and execute the agreement with
substantially the same terms and conditions as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/09/2021
3I
Supplemental Agreement
Number
Organization and Address
Phone:
Original Agreement Number
Project Number Execution Date Completion Date
Project Title New Maximum Amount Payable
Description of Work
The Local Agency of
desires to supplement the agreement entered in to with
and executed on and identified as Agreement No.
All provisions in the basic agreement remain in effect except as expressly modified by this supplement.
The changes to the agreement are described as follows:
I
Section 1, SCOPE OF WORK, is hereby changed to read:
II
Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days
for completion of the work to read:
III
Section V, PAYMENT, shall be amended as follows:
as set forth in the attached Exhibit A, and by this reference made a part of this supplement.
If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate
spaces below and return to this office for final action.
By: By:
Consultant Signature Approving Authority Signature
Date
DOT Form 140-063
Revised 09/2005
04 Skillings, Inc.
5016 Lacey Boulevard SE
Lacey, WA 98503
360-491-3399
LA 9630
STPUL-9918(017)November 26, 2019 December 31, 2024
Washington and 11th Improvements Project $923,610.36
This project will design and construct a roundabout in the intersection of Washington Avenue and the
Manette Bridge, and will include full street reconstruction (including sidewalks and bike lanes) on 11th Street
and Washington Avenue between the new roundabout and Pacific Avenue.
City of Bremerton
Skillings, Inc.
11/26/2019 315026
See Exhibit A attached.
N/A
See Exhibit B-2, attached.
Thomas Skillings, P.E., Skillings Inc.Greg Wheeler, Mayor
Skillings, Inc. Page 1 of 13 Project 19149‐Supp No 04
City of Bremerton
Landscape Design and Construction Support
EXHIBIT A
SCOPE OF WORK
Prepared for:
CITY OF BREMERTON
WASHINGTON & 11TH IMPROVEMENTS
SUPPLEMENT NO. 4 LANDSCAPE DESIGN & CONSTRUCTION SUPPORT
CITY PROJECT NO. 315026
FEDERAL AID NO. STPUL‐9918(017)
June 30, 2022
Introduction:
The following Scope of Work delineates supplemental tasks to be performed in addition to the original
agreement between Skillings, Inc. (Consultant) and the City of Bremerton (City).
Skillings, Inc. has been selected by the City of Bremerton to provide design engineering, environmental,
and right‐of‐way acquisition services for the reconstruction of Washington / 11th from the Manette
Bridge to Pacific. In addition to that project, the City previously added work to improve the existing
sidewalk adjacent to the lower portion of Washington Avenue (Lower Sidewalk). Northbound
Washington Avenue splits into an upper and lower section after the Washington Avenue/Manette
Bridge intersection. The City also intends to upgrade the water mains within the vicinity of the two
intersections of 11th Street at Pleasant Avenue and Highland Avenue.
Based on comments from residents adjacent to the project, the City intends to revise the previously
completed alignment of the Washington / 11th Street, redesign of the roadway, and replacement of the
existing rockery wall on the west side of Washington Avenue with a new CIP or soldier pile wall. Work
along the lower portion of Washington Avenue will consist of redesign to reflect the parallel parking
option presented to the community which includes improvements to curbs, road surface, a 4‐ft sidewalk
with ADA turnouts, and storm drainage.
As part of the design revisions, the City intends to include drip irrigation and street trees in tree pits for
Washington / 11th Street to continue the similar Community Boulevard aesthetics as outlined in the
City’s Downtown Subarea Plan and as previously constructed as part of the Washington Avenue
Community Boulevard improvement project located south of the Manette Bridge.
Project Assumptions:
This scope of work is based on the following general assumptions:
The project will be developed as a single package. Bid alternates, bid additives, or subsequent
repackaging of the project into separate phases is not included.
It is assumed that there are no contaminated soils within the project limits.
Skillings, Inc. Page 2 of 13 Project 19149‐Supp No 04
City of Bremerton
Landscape Design and Construction Support
WORK ELEMENTS
Task 401 – Landscape Design
Consultant will contract with HBB Landscape Architecture (HBB), Subconsultant, to provide PS&E for
irrigation and street trees in tree pits for Washington / 11th Street. See attached Subconsultant scope of
work.
This task consists of the Consultant providing review and coordination with HBB. Consultant will
complete the following tasks:
Tasks:
1. Conduct kickoff meeting with HBB and City.
2. Consultant will provide coordination with HBB.
3. Consultant will review 30% PS&E from HBB and provide one set of comments (if any) to HBB, in
addition to comments from the City.
4. Consultant will review 90% PS&E from HBB and provide one set of comments (if any) to HBB, in
addition to comments from the City.
5. Consultant will review 100% PS&E from HBB and provide one set of comments (if any) to HBB, in
addition to comments from the City.
Deliverables (Consultant):
30% PS&E Review Comments.
90% PS&E Review Comments.
100% PS&E Review Comments.
Task 402 – Plan Revisions and 95% PS&E
This task consists of revising the plans, specifications, and cost estimate to reflect the addition of
landscaping and irrigation. The Consultant will prepare a 95% PS&E package that includes the design
alignment changes, new replacement wall, lower Washington Avenue changes, and the addition of
landscaping and irrigation.
Assumptions:
Engineer’s Estimate of Probable Costs to Construct will be prepared using WSDOT Unit Bid Price
format.
Special provisions will be prepared utilizing WSDOT specifications format.
City will provide their “boiler plate” format for contract bid package.
Draft Contract Bid Package to contain placeholder items. Depending on when the project is
advertised for construction, the documents may require updating to include the latest
information just prior to advertising.
Tasks:
1. Update plan sheets to reflect addition of landscaping and irrigation.
2. Update Quantities Notebook.
3. Prepare 95% Engineer’s Estimate of Probable Costs to Construct.
4. Prepare Draft Contract Bid Package:
Skillings, Inc. Page 3 of 13 Project 19149‐Supp No 04
City of Bremerton
Landscape Design and Construction Support
a. Front end documents, draft invitation to bid, proposal sheets.
b. Required Federal‐aid documents.
c. GSPs and Special Provisions.
d. State and Federal prevailing wage documents.
5. Complete Basis of Design Notebook.
6. Provide internal QA and QC and project coordination.
Deliverables:
Final Basis of Design Memo
Draft Contract Bid Package
One (1) electronic set of 95% PS&E to City for review.
Final Quantity calculation notebook
Task 403 – 100% PS&E and Complete Bid Package
This task consists of addressing the City’s 95% comments and preparing a 100% PS&E package for
submittal to WSDOT for review. Upon completion of City and WSDOT review of the 100% PS&E package,
Consultant will address the City and WSDOT’s 100% comments and prepare a Complete Bid Package.
Assumptions:
City will provide one set of comments on the 95% PS&E.
WSDOT will provide comments on the 100% PS&E.
City will provide one set of comments on the 100% PS&E.
ROW lines will be delineated on the construction drawings.
Consultant will supply the bid proposal form for the bid package.
Consultant will provide only one update to any portion of the Complete Bid Package.
An Engineer’s Estimate for the Probable Cost to Construct will be prepared that lists all of the
project bid items, showing contract item number, unit of measurement, estimated unit price,
estimated quantity, and total estimated cost for each.
o The total project cost will be shown on this estimate.
o This estimate will be used as the basis of review for the lowest responsive responsible
bidder.
Tasks:
1. Phone conference with City to discuss 95% PS&E comments from City.
2. Incorporate 95% PS&E comments.
3. Prepare 100% Plans.
4. Prepare 100% Engineer’s Estimate of Probable Costs to Construct.
5. Prepare 100% Contract Bid Package:
a. WSDOT GSP Checklist and fill‐ins.
b. Special Provisions.
c. Required Federal‐aid documents.
d. State and Federal prevailing wage documents.
6. Submit 100% PS&E package to City and WSDOT for review.
7. Phone conference with City to discuss 100% PS&E comments from City and WSDOT.
8. Incorporate 100% PS&E comments.
9. Prepare Complete Bid Package (Plans, Estimate, Contract Bid Package).
Skillings, Inc. Page 4 of 13 Project 19149‐Supp No 04
City of Bremerton
Landscape Design and Construction Support
10. Submit Complete Bid Package to City and WSDOT for their review and approval, as necessary.
11. Review City comments on Complete Bid Package.
12. Make minor adjustments to Complete Bid Package as reviewed by the City up to one time.
Deliverables:
One (1) electronic set of signed 100% Plans to City and WSDOT for review.
100% Contract Bid Package.
100% Engineer’s Estimate of Probable Cost to Construct.
Final Quantity calculation notebook.
One (1) electronic set of Final and Signed Complete Bid Package to City. All documents will be
submitted as pdf’s, Cad Files, Word Files (.docx), and Estimate in Excel.
Task 404 – Construction Support Services
Consultant will provide construction support consisting of attending the pre‐construction meeting,
reviewing Contractor’s submittals, responding to RFIs, preparing change orders, attending construction
meetings when attendance is requested by City, site visits, reviewing the punch list items.
Assumptions:
City will provide overall construction administration, inspection, and management.
Consultant will attend one pre‐construction meeting (estimated at 2 hours per attendee).
Consultant will review Contractor’s submittals and provide recommendations/comments
(estimated level of effort to not exceed 32 hours).
Consultant will review and respond to Contractor’s RFIs (estimated level of effort to not exceed
40 hours).
Consultant will assist with the drafting, review, and responses to Change Orders (estimated level
of effort to not exceed 40 hours).
Consultant will attend construction meetings at the request of the City (estimated level of effort
to not exceed 40 hours).
Consultant will conduct field visits at the request of the City (estimated level of effort to not
exceed 60 hours).
Consultant will participate in the final project walkthrough, review the punch list, and review
work to ensure punch list items are completed (estimated level of effort to not exceed 24
hours).
Compaction testing is not included in the scope of work.
Construction inspection services are not included in this scope of work.
Construction surveying and staking are not included in this scope of work.
Task Description:
1. Attend pre‐construction meeting.
2. Review Contractor’s submittals.
3. Review and respond to Contractor’s RFIs.
4. Prepare Change Orders.
5. Attend construction meetings at the request of the City.
6. Conduct field visits at the request of the City.
7. Participate in final project walkthrough, develop punch list, review work for punch list
completion.
Skillings, Inc. Page 5 of 13 Project 19149‐Supp No 04
City of Bremerton
Landscape Design and Construction Support
Deliverables:
Pre‐construction meeting notes.
Contractor submittal reviews responses.
Contractor RFI reviews and responses.
Change Orders.
Construction meeting notes.
Field visit notes.
Punch list.
Verified punch list completion.
END SCOPE OF WORK
Skillings, Inc. Page 6 of 13 Project 19149‐Supp No 04
City of Bremerton
Landscape Design and Construction Support
EXHIBIT B‐1
CONSULTANT COST COMPUTATION – MAN‐HOURS
PROJECT NO. 19149‐SUPPLEMENT NO. 04
CITY OF BREMERTON
WASHINGTON AND 11TH IMPROVEMENTS PROJECT MANAGER PROJECT ENGINEER ENGINEER TECHNICIAN PROJECT ADMINISTRATOR TASK # TASK DESCRIPTION
401 LANDSCAPE DESIGN
1 Conduct kickoff meeting with HBB and City. 2 2
2 Provide coordination with HBB. 8 8
3
Review 30% PS&E from HBB and provide one set of
comments (if any) to HBB, in addition to comments
from the City. 2 4
4 Project management and coordination 4 8
5
Review 100% PS&E from HBB and provide one set of
comments (if any) to HBB, in addition to comments
from the City. 2 4
402 PLAN REVISIONS AND 95% PS&E
1 Update plan sheets to reflect addition of landscaping
and irrigation. 24 50 50
2 Update Quantities Notebook 4 8
3 Prepare 95% Engineer's Estimate of Probable Costs to
Construct. 8
4 Prepare Draft Contract Bid Package:
a
Front end documents, draft invitation to bid,
proposal sheets. 2 2 4
b Required Federal‐aid documents. 2
c GSPs and Special Provisions. 2 4 16
d State and Federal prevailing wage documents. 2
5 Complete Basis of Design Notebook. 2 2
6 Provide internal QA/QC, and project coordination. 12 6
403 100% PS&E AND COMPLETE BID PACKAGE
1 Phone conference with City to discuss 95% comments
from City. 2 2
2 Incorporate 95% PS&E Comments. 16 40 40
3 Prepare 100% Plans. 8 40 40
4 Prepare 100% Engineer's Estimate to Complete. 2 4
5 Prepare 100% Contract Bid Package:
a WSDOT GSP Checklist and fill‐ins. 2
b Special Provisions. 2
c Required Federal‐aid documents. 2
d State and Federal prevailing wage documents. 2
Skillings, Inc. Page 7 of 13 Project 19149‐Supp No 04
City of Bremerton
Landscape Design and Construction Support
PROJECT NO. 19149‐SUPPLEMENT NO. 04
CITY OF BREMERTON
WASHINGTON AND 11TH IMPROVEMENTS PROJECT MANAGER PROJECT ENGINEER ENGINEER TECHNICIAN PROJECT ADMINISTRATOR TASK # TASK DESCRIPTION
6 Submit 100% PS&E package to City and WSDOT for
review. 1 2 2
7 Phone conference with City to discuss 100% PS&E
comments from City and WSDOT. 2 2
8 Incorporate 100% PS&E comments. 4 8 8
9 Prepare Complete Bid Package (Plans, Estimate,
Contract Bid Package). 4 8 8
10 Submit Complete Bid Package to City and WSDOT for
their review and approval, as necessary. 1 2 2
11 Review City comments on Complete Bid Package. 1 1 4 4
12 Make minor adjustments to Complete Bid Package as
reviewed by the City up to one time. 1 4 4
404 CONSTRUCTION SUPPORT
1 Attend pre‐construction meeting. 2 2
2 Review Contractor's submittals. 32
3 Review and respond to Contractor's RFIs. 40
4 Prepare Change Orders. 8 32
5 Attend construction meetings at the request of the
City. 20 20
6 Conduct field visits at the request of the City. 60
7 Participate in final project walk‐through, develop
punch list, review work for punch list completion. 12 12 6
HOURS PER DISCIPLINE 88 319 188 158 12
Skillings, Inc. Page 8 of 13 Project 19149‐Supp No 04
City of Bremerton
Landscape Design and Construction Support
EXHIBIT B‐2
CONSULTANT COST COMPUTATION – SUMMARY
NEGOTIATED HOURLY RATE (NHR):
Classification Man Hours x Rate = Cost
PROJECT MANAGER 88 x $69.83 = $6,145.04
PROJECT ENGINEER 319 x $54.60 = $17,417.40
ENGINEER 188 x $46.50 = $8,742.00
TECHNICIAN 158 x $44.50 = $7,031.00
PROJECT ADMINISTRATOR 12 x $47.25 = $567.00
Total Hours = 765 Total NHR = $39,902.44
OVERHEAD Including Salary Additives (OH):
OH Rate X DSC 152.47% x $39,902.44 = Overhead = $60,839.25
FIXED FEE (FF):
FF Rate X (DSC+OH) 30% x $39,902.44 = Fixed Fee = $11,970.73
REIMBURSABLES:
Mileage 0 x $0.625 = $0.00
Miscellaneous Expenses $0.00 x 10% = $0.00
SUB TOTAL Reimbursables = $0.00
SUBCONSULTANT COST (See Exhibit E):
HBB $39,441.30 x 0% = $39,441.30
SUB TOTAL Subconsultants = $39,441.30
MANAGEMENT RESERVE FUND
SUB TOTAL $152,153.72 x 10% = $15,215.37
GRAND TOTAL
GRAND TOTAL = $167,369.09
PREPARED BY: Ian Lee, PE DATE: 6/30/2022
REVIEWED BY: Patrick E. Skillings, PMP DATE: 6/30/2022
Skillings, Inc. Page 9 of 13 Project 19149‐Supp No 04
City of Bremerton
Landscape Design and Construction Support
Skillings, Inc. Page 10 of 13 Project 19149‐Supp No 04
City of Bremerton
Landscape Design and Construction Support
Skillings, Inc. Page 11 of 13 Project 19149‐Supp No 04
City of Bremerton
Landscape Design and Construction Support
Skillings, Inc. Page 12 of 13 Project 19149‐Supp No 04
City of Bremerton
Landscape Design and Construction Support
Skillings, Inc. Page 13 of 13 Project 19149‐Supp No 04
City of Bremerton
Landscape Design and Construction Support
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: July 27, 2022
Public Works Agreement with Sound Pacific
Construction, LCC for the East 11th Street
and Perry Avenue Reconstruction Project
COUNCIL MEETING Date: August 3, 2022
Department: PW&U Engineering
Presenter: Vicki Grover
Phone: (360) 473-2317
SUMMARY:
E11th Street and Perry Avenue are arterials in East Bremerton and have been documented to
have poor pavement and sidewalk condition. The project reconstructs both roadway and sidewalks
on E11th Street from Pitt Ave to Perry Avenue and Perry Avenue from E11th Street to E17th Street.
The project also provides pedestrian lighting, stormwater improvements, utility improvements and
other amenities.
Bids for the construction of the project were opened on July 6, 2022 and 4 bids were received. The
apparent low bidder was rejected as the bid was nonresponsive. Sound Pacific Construction, LLC,
was the lowest responsive, responsible bidder with a bid of $5,575,580.40, including sales tax. Staff
recommends award of the East 11th Street and Perry Avenue Reconstruction Project Contract to
Sound Pacific Construction, LLC.
ATTACHMENTS:
1) Site Plan; 2) Fiscal Summary, 3) Bid Tabulation; 3) Public Works Agreement
FISCAL IMPACTS (Include Budgeted Amount):
The total project costs are estimated at $7.4M, and remaining costs (2022 through completion in
2023) are $6,675,000. The project was originally funded by a grant from the Transportation
Improvement Board (TIB) in the amount of $3,941,916, TIB has agreed to provide an additional grant
amount of $400,000. A $75,000 grant was also awarded from the Department of Ecology.
Remaining project funding is provided from REET, other revenue to the Transportation Capital
Projects fund, and Water, Wastewater and Stormwater Utility Funds as outlined in the attached
Fiscal Summary. Expenses through 2022 will not exceed the 2022 budget authority, therefore a
budget adjustment is not required.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to award the Contract to Sound Pacific Construction, LLC for the East 11th Street and Perry
Avenue Reconstruction Project in the amount of $5,575,580.40, 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 11/09/2021
5A
East 11th Street and Perry Avenue Reconstruction Project
Fiscal Summary
August 2022
FISCAL SUMMARY
East 11th Street and Perry Avenue Reconstruction Project
The Street component of the East 11th Street and Perry Avenue Reconstruction Project is
budgeted in the Transportation Capital Projects Fund (TransCap), and the utility components
(W, WW, SW) are budgeted separately in their respective funds. Total budget authority for the
project in 2022 is $5,336,224, and total revenue allocated to complete the project (2022 – 2023)
is $5,523,342. The project was advertised for construction and four bids were received. The
apparent low bid was rejected as non-responsive. The lowest responsive, responsible bidder
was Sound Pacific Construction, LLC with a bid of $5,575,580.40. All capital project costs are
increasing due to increases in materials cost, supply chain issues and the cost of fuel. This bid
results in a shortfall of $1,150,000 in revenue allocated to the project in TransCap. Additional
funding was approved by the Transportation Improvement Board (TIB) in the amount of
$400,000. In order to award this contract, staff requests the City Council to allow the use of
additional REET money to fund the balance of the project. The table below presents project
costs from 2022 through project completion:
Project Costs – 2022 through Project
Completion Amount
City Administration $120,000
2022 Expenditures to Date $150,000
Construction (Sound Pacific) $5,575,585
CM & Materials Testing – separate contracts
forthcoming $700,000
PSE Lighting contract $30,000
Construction Support Services – separate
contract forthcoming $100,000
Project Cost (Rounded) $6,675,000
To address the increased project costs, total allocated revenue will need to increase
$1,151,658, from $5,523,342 to $6,675,000 as outlined below:
Funding Sources Amount
TIB (remaining) $3,373,118
REET (currently budgeted) $201,202
Stormwater Utility Tax (SWUT) $30,000
Utilities (W, WW, SW) $1,919,022
Existing Total Allocated Funds $5,523,342
TIB (additional funding) $400,000
REET (proposed funding) $751,658
Total Allocated Revenue $6,675,000
PUBLIC WORKS AGREEMENT
THIS AGREEMENT is entered into between the City of Bremerton, a Washington
Municipal Corporation (“City”), and Sound Pacific Construction, LLC (“Contractor”), whose
mailing address is 6708 144th Street NW, Suite A, Gig Harbor, WA 98332.
The parties agree as follows:
1. CONTRACTOR SERVICES. The Contractor shall perform the following
services for the City: East 11th Street and Perry Avenue Reconstruction Project #315018
2. TIME OF COMPLETION. Contractor shall complete the work within 210
calendar days from the date of issuance of the City’s Notice to Proceed.
3. COMPENSATION. The City shall pay the Contractor the total amount of
$5,575,580.40. Applicable Washington State Retail Sales Tax on this contract shall be governed
by WAC 458-20-171 and its related rules for the work contemplated in this agreement. The
Contractor shall invoice the City monthly. The City will pay for the portion of the work
described in the invoice that has been completed by the Contractor and approved by the City.
The City payment shall not constitute a waiver of the City’s right to final inspection and
acceptance of the project.
A. Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor shall
provide the City a performance bond for the full contract amount to be in
effect until thirty (30) days after the date of final acceptance, or until
receipt of all necessary releases from the State Department of Revenue
and the State Department of Labor and Industries and until settlement of
any liens filed under Chapter 60.28 RCW, whichever is later.
B. Retainage. The City shall hold back a retainage in the amount of five
percent (5%) of any and all payments made to contractor for a period of
thirty (30) days after the date of final acceptance, or until receipt of all
necessary releases from the State Department of Revenue and the State
Department of Labor & Industries and until settlement of any liens filed
under Chapter 60.28 RCW, whichever is later.
C. Defective or Unauthorized Work. The City reserves its right to withhold
payment from Contractor for any defective or unauthorized work.
Defective or unauthorized work includes, without limitation: work and
materials that do not conform to the requirements of this agreement; and
extra work and materials furnished without the City’s written approval. If
Contractor is unable, for any reason, to satisfactorily complete any portion
of the work, the City may complete the work by contract or otherwise, and
Contractor shall be liable to the City for any additional costs incurred by
the City. “Additional costs” shall mean all reasonable costs, including
legal costs and attorney fees, incurred by the City beyond the maximum
Contract price specified above. The City further reserves its right to
deduct the cost to complete the Contract work, including any Additional
Costs, from any and all amounts due or to become due the Contractor.
D. Final Payment: Waiver of Claims. THE MAKING OF FINAL
PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL
PRECLUDE ALL CLAIMS, EXCEPT THOSE PREVIOUSLY AND
PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS
UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS
MADE.
4. INDEPENDENT CONTRACTOR. Contractor is and shall be at all times
acting as an independent contractor and not as an employee of the City. The Contractor shall
secure at its expense, and shall be responsible for all payments of income tax, social security,
state disability insurance compensation, unemployment compensation, and all other payroll
deductions for the Contractor, officer, agents, employees and sub-contractors. The Contractor
shall also secure all applicable business licenses, if required, in connection with the contract
services, including all required licenses for Contractor's officers, agents, employees and sub-
contractors.
5. TERMINATION. The City may terminate this agreement for good cause.
“Good cause” shall include, without limitation, any one or more of the following events:
A. The Contractor’s refusal or failure to supply a sufficient number of
properly skilled workers or proper materials for completion of the
Contract work.
B. The Contractor’s failure to complete the work within the time specified in
this agreement.
C. The Contractor’s failure to make full and prompt payment to sub-
contractors or for material or labor.
D. The Contractor’s persistent disregard of federal, state or local laws, rules
or regulations.
E. The Contractor’s filing for bankruptcy or becoming adjudged bankrupt.
If the City terminates this agreement for good cause, the Contractor shall not receive any
further monies due under this agreement until the Contract work is completed.
6. PREVAILING WAGES. Contractor shall file a “Statement of Intent to Pay
Prevailing Wages” with the State of Washington Department of Labor & Industries prior to
commencing the Contract work. Contractor shall pay prevailing wages and comply with Chapter
39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate
provisions. Contractor will be required to pay Kitsap County Prevailing Wage Rates current on
the bid opening date. The Kitsap County rates are available at the Department of Labor and
Industries website.
7. CHANGES. The City may issue a written work change directive for any change
in the Contract work during the performance of this agreement. If the Contractor determines, for
any reason, that a change order is necessary, Contractor must submit a written change order
request to the City’s project manager within two (2) business days of the date the Contractor
knew or should have known of the facts and events giving rise to the requested change. If the
City determines that the change increases or decreases the Contractor’s costs or time for
performance, the City will make an equitable adjustment. The City will attempt, in good faith, to
reach agreement with the Contractor on all equitable adjustments. However, if the parties are
unable to agree, the City will determine the equitable adjustment as it deems appropriate. The
Contractor shall proceed with the change order work upon receiving a written work change
directive or change order from the City. If the Contractor fails to require a change order within
the time allowed, the Contractor waives its right to make any claim or submit subsequent change
order requests for that portion of the contract work. If the Contractor disagrees with the
equitable adjustment the Contractor must complete the change order work; however, the
Contractor may elect to protest the adjustment as provided below:
A. Procedure and Protest by the Contractor. If the Contractor disagrees with
anything required by a work change directive or change order, including
any direction, instruction, interpretation, or determination by the City, the
Contractor shall:
1. Immediately give a signed written notice of protest to the City;
2. Supplement the written protest within fourteen (14) calendar days
with a written statement that provides the following information:
a. The date of the Contract’s protest.
b. The nature and circumstances that caused the protest.
c. The provisions in this agreement that support the protest.
d. The estimated dollar cost, if any, of the protested work and
how that estimate was determined.
e. An analysis of the progress schedule showing the schedule
change or disruption if the Contractor is asserting a
schedule change or disruption.
The Contractor shall keep complete records of extra costs and time
incurred as a result of the protested work. The City shall have
access to any of the Contractor’s records needed for evaluating the
protest.
3. The City will evaluate all protests, provided the procedures in this
section are followed. If the City determines that a protest is valid,
the City will adjust payment for work or time by an equitable
adjustment. No adjustment will be made for an invalid protest.
B. Contractor’s Duty to Complete Protested Work. In spite of any protest,
the Contractor shall proceed promptly with the work as the City has
ordered.
C. Contractor’s Acceptance of Changes. The Contractor accepts all
requirements of a change order by: (1) endorsing it, (2) writing a separate
acceptance, or (3) not protesting in the way this section provides. A
change order that is accepted by Contractor as provided in this section
shall constitute full payment and final settlement of all claims for contract
time and for direct, indirect and consequential costs, including costs of
delays related to any work, either covered or affected by the change.
D. Failure to Protest Constitutes Waiver. By not protesting as this section
provides, the Contractor also waives any additional entitlement and
accepts from the City any written order (including directions, instructions,
interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the
procedures of this section, the Contractor completely waives any claims
for protested work and accepts form the City any written order (including
directions, instructions, interpretations, and determination).
F. Liens. In the event that there are any liens on file against the City of
Bremerton, the City of Bremerton shall be entitled to withhold final or
progress payments to the extent deemed necessary by the City of
Bremerton to properly protect the outstanding lien claimants until proper
releases have been filed with the City Clerk
8. CLAIMS. The Contractor shall give written notice to the City of all claims other
than change orders within fourteen (14) calendar days of the occurrence of the events giving rise
to the claims. Any claim for damages, additional payment for any reason, or extension of time,
whether under this agreement or otherwise, shall be conclusively deemed to have been waived
by the Contractor unless a timely written claim is made in strict accordance with the applicable
provisions of this agreement; or, if (and only if) no such provision is applicable, unless that claim
is set forth in detail in writing and received by the City within seven (7) calendar days from the
date Contractor knew, or should have known, of the facts giving rise to the claim. At a
minimum, a Contractor’s written claim must include the information set forth regarding protests
in Section 7.A.2.a.-e.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM
WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS
ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM
OR CAUSED BY THAT DELAY.
Contractor must, in any event, file any claim or bring any suit arising from or connected
with this agreement within 120 calendar days from the date the contract work is complete.
9. WARRANTY. The Contractor shall correct all defects in workmanship and
materials within one year from the date of the City’s acceptance of the Contract work. When
defects are corrected, the warranty for that portion of the work shall extend for one year form the
date such correction is completed and accepted by the City. The Contractor shall begin to
correct any defects within seven (7) calendar days of its receipt of notice from the City of the
defect. If the Contractor does not accomplish the corrections within a reasonable time, the City
may complete the corrections and the Contractor shall pay all costs incurred by the City in order
to accomplish the correction.
10. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its
officer, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits including all legal costs and attorney fees, arising out of or in connection
with the performance of this agreement, except for injuries and damages caused by the City’s
sole negligence.
The City’s inspection or acceptance of any of Contractor’s work when completed shall
not be grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Contractor and
the City, its officials, employees, agents and volunteers, the Contractor’s liability hereunder shall
be only to the extent of the Contractor’s negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS
INDEMNIFICATION CONSTITUTES THE CONTRACTOR’S WAIVER OF IMMUNITY
UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSE OF
THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this
agreement.
11. INSURANCE. The Contractor shall procure and maintain for the duration of this
agreement insurance of the types and in the amounts described below against claims for injuries
to persons or damage to property which may arise from or in connection with the performance of
the work by the Contractor, its agents, representative, employees, sub-consultants or sub-
contractors.
Before beginning work on the project described in this agreement, the Contractor shall
provide a Certificate of Insurance evidencing:
A. Automobile Liability insurance with limits no less than $1,000,000
combined single limit per accident for bodily injury and property damage;
and
B. Commercial General Liability insurance written on an occurrence basis
with limits no less than $1,000,000 combined single limit per occurrence
and $2,000,000 general aggregate for personal injury, bodily injury and
property damage. Coverage shall include but not be limited to: blanket
contractual; products/completed operations/broad form property damage;
explosion, collapse and underground (XCU); and
C. Excess Liability insurance with limits not less than $1,000,000 per
occurrence and aggregate; and
B. Workers Compensation insurance as statutorily required by the Industrial
Insurance Act of the State of Washington, Title 51, Revised Code of
Washington and employer's liability with limits not less than $1,000,000.
Any payment of deductible or self-insured retention shall be the sole responsibility of
the Contractor.
The City, its officials, employees, agents and volunteers shall be named as an
additional insured on the insurance policy, as respects work performed by or on behalf of the
Contractor and a copy of the endorsement naming the City as additional insured shall be attached
to the Certificate of Insurance.
The Contractor’s insurance shall contain a clause stating that coverage shall apply
separately to each insured against whom claim is made or suit is brought, except with respects to
the limits of the insurer’s liability.
The Consultant's insurance shall be primary and non-contributory insurance as respects
the City and shall contain a waiver of subrogation against the City for claims arising out of any
operations, liabilities and obligations to which coverage applies. It shall be an affirmative
obligation upon Consultant to advise the City’s Risk Manager by fax at (360) 473-5161, or by
certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6th
Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or
substantive change of any insurance policy set out herein, and failure to do so shall be construed
to be a breach of this Agreement.
The City reserves the right to receive a certified copy of all the required insurance
policies. In the event that the Contractor employs other contractors (sub-contractors) as part of
the work covered by this Agreement, it shall be the Contractor’s responsibility to require and
confirm that each sub-contractor meets the minimum insurance requirements specified above.
The Contractor 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.
12. MISCELLANEOUS.
A. Equal Employment Opportunity Statement. In the hiring of employees for
the performance of work under this Agreement, the Contractor, its subcontractors, or any person
acting on behalf of Contractor shall not discriminate in any employment practice on the basis of
age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital
status, military status, or the presence of any physical, mental or sensory disability.
B. ADA Statement. The City of Bremerton does not discriminate on the
basis of disability in programs and activities, which it operates pursuant to the requirements of
the Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to
both employment and admission to participation in the programs, services and activities of the
City of Bremerton. Reasonable accommodation for employees or applicants for employment
will be provided.
C. Compliance with Laws. Contractor shall comply with all federal, state
and local laws, rules and regulations throughout every aspect in the performance of this
agreement.
D. Work Performed at Contractor’s Risk. Contractor shall take all
precautions necessary and shall be responsible for the safety of its employees, agents, and
subcontractors in the performance of this agreement. All work shall be done at Contractor’s own
risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other
articles used or held for use in connection with the work.
E. Nonwaiver of Breach. The failure of the City to insist upon strict
performance of any of the terms and rights contained herein, or to exercise any option herein
conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of
those terms and rights and they shall remain in full force and effect
F. Governing Law. This agreement shall be governed and construed in
accordance with the laws of the State of Washington. If any dispute arises between the City and
Contractor under any of the provisions of this agreement, resolution of that dispute shall be
available only through the jurisdiction, venue and rules of the Kitsap County Superior Court,
Kitsap County, Washington.
G. Attorney’s Fees. To the extent not inconsistent with RCW 39.04.240, in
any claim or lawsuit for damages arising from the parties’ performance of this agreement, each
party shall be responsible for payment of its own legal costs and attorney’s fees incurred in
defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the
City’s right to indemnification under Section 10 of this agreement.
H. Written Notice. All communications regarding this agreement shall be
sent to the parties at the addresses listed on the signature page of this agreement, unless
otherwise notified. Any written notice shall become effective upon delivery, but in any event
three (3) calendar days after the date of mailing by registered or certified mail, and shall be
deemed sufficiently given if sent to the addressee at the address stated on this agreement.
I. Assignment. Any assignment of this agreement by the Contractor without
the written consent of the City shall be void.
J. Modification. No waiver, alteration, or modification of any of the
provisions of this agreement shall be binding unless in writing and signed by a duly authorized
representative of the City and Contractor.
K. Severability. If any one or more sections, sub-sections, or sentences of
this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity
of the remaining portion of this agreement and the remainder shall remain in full force and
effect.
L. Entire Agreement. The written provisions and terms of this agreement,
together with any attached Exhibits, supersede all prior verbal statements by any representative
of the City, and those statements shall not be construed as forming a part of or altering in any
manner this agreement. This agreement and any attached Exhibits contain the entire agreement
between the parties. Should any language in any Exhibit to this agreement conflict with any
language contained in this agreement, the terms of this agreement shall prevail.
M. Mutually Bound. Contractor and Subcontractor are mutually bound by
the terms of this agreement. Terms of this agreement will apply to the work of any subcontractor.
The Contractor shall assume toward the subcontractor all obligations and responsibilities the
Owner, under this agreement, assumes toward the Contractor, and the Subcontractor shall
assume toward the Contractor all obligations and responsibilities which the Contractor, under
this agreement, assumes towards the Owner.
N. Solicitation of Minority Business. Per RCW 35.22.650, Contractor agrees
that the contractor shall actively solicit the employment of minority group members. Contractor
further agrees that the contractor shall actively solicit bids for the subcontracting of goods or
services from qualified minority businesses. Contractor shall furnish evidence of the contractor's
compliance with these requirements of minority employment and solicitation. Contractor further
agrees to consider the grant of subcontracts to said minority bidders on the basis of substantially
equal proposals in the light most favorable to said minority businesses. The contractor shall be
required to submit evidence of compliance with this section as part of the bid.
IN WITNESS WHEREOF, the parties below have executed this agreement.
SOUND PACIFIC CONSTRUCTION, LLC THE CITY OF BREMERTON
Print Name: Print Name: Greg Wheeler
Title: Title: Mayor
DATE DATE
Notices to be sent to: Notices to be sent to:
SOUND PACIFIC CONSTRUCTION, LLC: CITY OF BREMERTON:
ATTN: _________________ Vicki Grover
6708 144th St. NW, Suite A 345 6th Street, Suite 100
Gig Harbor, WA 98332 Bremerton, WA 98337
Phone: (360) 473-2317
Fax:
APPROVED AS TO FORM:
Kylie J. Finnell
Bremerton City Attorney
ATTEST:
Angela Hoover, City Clerk
R:\Legal\Legal\Forms\FORMS ON COBWEB\Public Works Agreement (short form) Rev. 05 2022.doc
E 11th Street & Perry Avenue
Improvements Project
City Council
Wednesday, August 3, 2022
Project
Vicinity Map
Scope of Work
•E 11th Street
•Full roadway and sidewalk reconstruction, drainage system, bike lane installation,
pedestrian lighting, ADA ramps, festival lighting, benches and bike racks
•Perry Avenue
•Full roadway and sidewalk reconstruction, water quality facilities, bike lane
installation, ADA ramps, speed feedback signs and utility work
Funding and Budget Information:
Fund Source 2022
Current Amount ($)
Increase ($)Revised Amount ($)
TIB Grant $3,373,118 $400,000*$3,773,118
REET $201,202 $751,658 $952,860
Utilities $1,949,022 $0 $1,949,022
Total $5,523,342 $1,151,658 $6,675,000
*Additional funding approved by TIB for construction cost overage.
Construction Schedule:
•Bid Award 8-3-22
•Construction anticipated to start the week
after Labor Day
•Contract working days are 210
(approximately 10 months)
Questions?
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Ordinance No. 5453 amending Study Session Date: July 27, 2022
Chapter 6.32 of the Bremerton Municipal
Code entitled “Noise Levels”
COUNCIL MEETING Date: August 3, 2022
Department: Legal
Presenter: Kylie Finnell
Mychael Raya
Phone: (360) 473-2345
SUMMARY: The City is seeking to amend Chapter 6.32 of the Bremerton Municipal Code entitled
“Noise Levels” for the purpose of minimizing the exposure of citizens to the physiological and
psychological effects of excessive noise and to protect, promote and preserve the public health,
safety and welfare. It is the express intent of the City Council to control the level of noise in a manner
which promotes commerce; the use, value and enjoyment of property; sleep and repose; and the
quality of the environment.
Recognizing these risks and within the limits established by the First Amendment, recommend
Chapter 6.32 be amended to address the problem of noise pollution.
ATTACHMENTS: 1) Ordinance No. 5453
FISCAL IMPACTS (Include Budgeted Amount): None.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to pass Ordinance No. 5453 amending Chapter 6.32 of the Bremerton Municipal Code entitled
“Noise Levels.”
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
5B
Page 1 of 11
Chapter 6.32 – Noise Levels
ORDINANCE NO. 5453
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Chapter 6.32 of the
Bremerton Municipal Code entitled “Noise Levels.”
WHEREAS, the City Council desires to amend and update Chapter 6.32 of the
Bremerton Municipal Code, relating to noise levels; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 6.32 of the Bremerton Municipal Code entitled "Noise
Levels" is hereby amended to read as follows:
Chapter 6.32
NOISE LEVELS
6.32.010 POLICY AND APPLICATION.
(a) It is the policy of the City to minimize the exposure of citizens to the
physiological and psychological effects of excessive noise and to protect, promote and preserve
the public health, safety and welfare. It is the express intent of the City Council to control the
level of noise in a manner which promotes commerce; the use, value and enjoyment of property;
sleep and repose; and the quality of the environment.
(b) The following environments have been identified and approaches adopted:
(1) Use of property. The different zoning districts of the City establish lawful
uses which can be anticipated to produce noise at certain reasonable levels associated with these
uses. The provisions of BMC 6.32.030 utilize thresholds consistent with those set forth in
Chapter 70.107 RCW entitled “Noise Control” and Chapter 173-60 WAC entitled “Maximum
Environmental Noise Levels” and recognizing that decibel intervals are increased exponentially
with each ten MHz of noise generation. The use of property is better suited to the use of noise
measuring devices because use is consistent and can be measured at the property line from the
property of the complainant. Properly trained and certified City staff or a certified consultant
trained in the field of sound level measurement can be utilized in these situations when
warranted. Intermittent noises and noise generated for the purpose of annoyance is more
sporadic in nature and requires a different approach. The provisions of BMC 6.32.050 entitled
“Public Disturbance Noises” are aimed at those situations which are difficult or impossible to
address through measurement pursuant to BMC 6.32.030 entitled “Environmental Sound –
Maximum Permissible Levels”. In administering and enforcing the provisions of this chapter, the
City desires to coordinate the application of these two approaches. The content of the speech
shall not be considered against any person in determining a violation of this Chapter.
(2)Similarly, public uses of the rights-of-way, such as parades, and First
Amendment speech such as a lawful demonstration should be differentiated from pure
commercial speech. Pure commercial speech has been defined by the US Supreme Court as
speech “which does no more than propose a commercial transaction.” Such speech while
Page 2 of 11
Chapter 6.32 – Noise Levels
protected is susceptible of regulation provided that the City address the legitimate public concern
of noise pollution in a thoughtful and targeted manner.
(3) Finally, the City recognizes that the use of bells, chimes and carillons may
constitute a call to worship and accordingly such a use is protected as religious speech under the
First Amendment. In addition, the historic use of a carillon by the City of Bremerton is an
established historical use appropriate within the zone in which it is located. These noises are
appropriate when limited by reasonable time, place and manner restrictions.
(c) The provisions of this chapter shall be administered and enforced by the
Administrator defined in BMC 6.32.020(a) below.
6.32.010020 DEFINITIONS.
All technical terminology used in this chapter not defined herein shall be interpreted in
conformance with American National Standards Institute Specifications, Sections 1.1-1960 and
1.4-1971. For purposes of this chapter, the words and phrases used herein shall have the meaning
indicated below:
(a) "Administrator" means the Chief of Police or the Director of the Department of
Community Development, Mayor of the City of Bremerton, or his or her designee as applicable,
or their designee.
(b) "db(A)" means a sound level, measured in decibels, using the A frequency-
weighting network of a sound-level meter.
(c) “City” means City of Bremerton.
(cd) "District" means the land use zones to which the provisions of this chapter apply.
For the purposes of this chapter, the following noise control districts shall be established, which
include land use zones designated in the Bremerton zoning and subarea plan ordinances, as
follows:
Noise
Control
District
Land Use Zones (pursuant to
BMC Title 20 and Subarea
Plans)
District I R-10, R-10M18, R-2040, East
Park Subarea Plan (SAP)
District II NB, BC, DCC, DW, DC, EC,
INST, GC, Bay Vista SAP,
Downtown SAP, Gorst SAP,
Eastside Village SAP
District III I, CUL, WS, FC, PSIC SAP
(de) "Emergency work" means:
(1) Work made necessary to restore property to a safe condition following a
public emergency consistent with BMC Chapter 2.26. calamity;
(2) Work required to protect persons or property from imminent exposure to
danger; or
(3) Work by private or public utilities for providing or restoring immediately
necessary utility service.
Page 3 of 11
Chapter 6.32 – Noise Levels
(f) “Enforcement Officer” means the Administrator or a city, county or state law
enforcement officer, City code enforcement officer or other official designated or authorized by
the Administrator to enforce the provisions of this chapter.
(g) “Impulsive sound” means sound having the following qualities: the peak of the
sound level is less than one (1) second and short compared to the occurrence rate; the onset is
abrupt; the decay rapid; and the peak value exceeds the ambient level by more than ten (10)
dB(A).
(h) “Leq” means the equivalent sound level, which is the constant sound level in a
given time period that conveys the same sound energy as the actual time-varying A-weighted
sound. The applicable time period for the Leq must be specified.
(i) “Lmax” means the maximum sound level over a measurement interval determined
by using a sound level meter set to “Fast” response time.
(ej) "Motorcycle" means any motor vehicle having a saddle for the use of the rider and
designed to travel on not more than three (3) wheels in contact with the ground, except farm
tractors and such vehicles powered by an engine of less than five (5) horsepower.
(fk) "Motor vehicle" means any vehicle which is self-propelled, used primarily for
transporting persons or property upon public highways, and required to be licensed under
RCW 46.16.010 or a motorized transportation device as defined in BMC 10.13.010. (Aircraft,
watercraft, and vehicles used on rails or tracks are not motor vehicles as that term is used herein.)
(gl) "Noise" means the intensity, duration and character of sounds from any and all
sources. The terms “noise” and “sound” can be used interchangeably for purposes of this
chapter.
(hm) "Person" means any natural person,individual firm, association, partnership,
corporation or any other entity, public or private.
(n) “Plainly Audible” means any sound for which any of the content of that sound,
such as, but not limited to, comprehensible musical rhythms, is communicated to a person using
their unaided hearing faculties. For the purposes of enforcement of this code, the detection of any
component of sound, including, but not limited to, the rhythmic bass by a person using their
unaided hearing faculties is sufficient to verify plainly audible sound. It is not necessary for such
person to determine the title, specific words or artist of music, or the content of any speech.
(i) "Police officer" means a duly appointed city, county or State law enforcement
officer.
(jno) "Property boundary" means the survey line at ground surface which separates real
property owned, rented or leased by one or more other persons and its vertical extension.
(kop) "Receiving property" means real property within which sound originating from
sources outside the property is received.
(pq) “Sound” means vibrations that travel through the air or another medium and are
audible to the human ear. The terms “sound” and “noise” can be used interchangeably for
purposes of this chapter.
(lqr) "Sound level" means a weighted sound pressure level obtained by the use of a
sound level meter and weighted as specified in American National Standards Institute
Specifications (ANSI), Section 1.4-19711983, as it now exists or is hereafter amended..
(mrs) "Sound level meter" means a sound-level measuring device, either Type I or Type
II, as defined by American National Standards Institute Specifications, Section 1.4-19711983, as
it now exists or as hereafter amended..
(nst) "Weekend" means Saturday and Sunday or any legal holiday.
Page 4 of 11
Chapter 6.32 – Noise Levels
6.32.040030 ENVIRONMENTAL SOUND – MAXIMUM PERMISSIBLE
LEVELS.
(a) It is unlawful for any person to cause or permit noise from any source located
within the City of Bremerton to intrude into the property of another which exceeds the maximum
or permissible exterior noise level limits set forth below:
TABLE I – Exterior noise level limits
District of
Sound
Source
District Receiving Property
Within the City of Bremerton
I II III
I 55 dB(A) 57 dB(A) 60 dB(A)
II 57 dB(A) 60 dB(A) 65 dB(A)
III 60 dB(A) 65 dB(A) 70 dB(A)
(b) The exterior noise level limits are based on the Leq, as defined in BMC 6.32.020,
during the measurement interval, using a minimum interval of one (1) minute for a constant
sound source, or a one-hour measurement for a non-continuous sound source. The standard of
measurement shall be a one hour Leq. Leq may be measured for times not less than one (1)
minute to project an hourly Leq.
(1) During a measurement interval, Lmax, as defined in BMC 6.32.020, may
exceed the exterior sound level limits shown in Table I by no more than 15 dB(A).
(2) For any source of sound that is impulsive, as defined in BMC 6.32.020,
and not measured with an impulse sound level meter, the exterior sound level limits established
by Table I are reduced by 5 dB(A).
(bc) Between the hours of 10:00 p.m. and 7:00 a.m. the noise limitations of the
foregoing table shall be reduced by ten (10) dBA for receiving property within District I and
District II.
(cd) At any hour of the day or night the applicable noise limitations in (a) and (bc)
above may not be exceeded for any receiving property. by no more than:
(1) Five (5) dBA for a total of fifteen (15) minutes in any one (1) hour period; or
(2) Ten (10) dBA for a total of five (5) minutes in any one (1) hour period; or
(3) Fifteen (15) dBA for a total of one and one-half (1.5) minutes in any one (1)
hour period.
(de) Exemptions.
(1) The following shall be exempt from the provisions of subsections (a) and
(bc) between the hours of 7:00 a.m. and 10:00 p.m.:
i. Sounds originating from residential property relating to temporary projects
for the maintenance or repair of homes, grounds and appurtenances.
ii. Sounds created by the discharge of firearms on authorized shooting
ranges.
Page 5 of 11
Chapter 6.32 – Noise Levels
iii. Sounds created by blasting conducted in compliance with WAC 296-52-
64005.
iv. Sounds created by aircraft engine testing and maintenance not related to
flight operations; provided, that aircraft testing and maintenance shall be conducted at remote
sites whenever possible.
v. Sounds created by the installation or repair of essential utility services.
(2) The following shall be exempt from the provisions of subsection (cb).
i. Noise from electrical substations and existing stationary equipment used
in the conveyance of water, waste waterwastewater, and natural gas by a utility.
ii. Noise from existing industrial installations which exceed the standards
contained in these regulations but which comply with or are authorized by the State Department
of Ecology pursuant to Chapter 70.107 RCW entitled “Noise Control”, Chapter 173-58 WAC
entitled “Sound Level Measurement Procedures” and Chapter 173-60 WAC entitled “Maximum
Environmental Noise Levels”.and which, over the previous three years, have consistently
operated in excess of fifteen (15) hours per day as a consequence of process necessity and/or
demonstrated routine normal operation. Changes in working hours, which would affect
exemptions under this regulation, require approval of the State Department of Ecology.
(3) The following shall be exempt from the provisions of subsections (a) and
(cb), except insofar as such provisions relate to the reception of noise within District I and
District II between the hours of 10:00 p.m. and 7:00 a.m.
i. Sounds originating from duly permitted temporary construction sites as a
result of construction activity.
ii. Sounds originating from forest harvesting and silvicultural activity.
(4) The following shall be exempt from all provisions of subsections (a) and
(cb):
i. Sounds created by motor vehicles when regulated by Chapter 173-
62 WAC.
ii. Sounds originating from aircraft in flight and sounds that originate at
airports which are directly related to flight operations.
iii. Sounds created by surface carriers engaged in interstate commerce by
railroad.
iv. Sounds created by warning devices not operating continuously for more
than five (5) minutes, or bells, chimes, and carillons which do not exceed five (5) minutes in an
hour when operated between the hours of 7:00 a.m. and 10:00 p.m.
v. Sounds created by safety and protective devices where noise suppression
would defeat the intent of the device or is not economically feasible.
vi. Sounds created by emergency equipment and work necessary in the
interests of law enforcement or for health, safety or welfare of the community.
vii. Sounds originating from motor vehicle racing events at existing
authorized facilities.
viii. Sounds originating from officially sanctioned parades and other public
events when duly permitted and conducted within the public right-of-way or on a site designated
by the applicable permit.
ix. Sounds emitted from petroleum refinery boilers during start-up of said
boilers; provided, that the start-up operation is performed during daytime hours whenever
possible.
Page 6 of 11
Chapter 6.32 – Noise Levels
x. Sounds created by watercraft.
xi. Sound created by the discharge of firearms in the course of hunting.
ix. xii. Sounds created by motor vehicles, licensed or unlicensed, when
operated off public highways except when such sounds are received in District I and District II.
x. Fireworks lawfully discharged within the City pursuant to Chapter 9.48
BMC.
xi. Sounds caused by the emergency repair, routine maintenance, or
construction of any public facility, utility, or street approved by the City of Bremerton Public
Works and Utilities Department.
6.32.050040 MEASUREMENT OF SOUND.
(a) If the measurements of sound are made with a sound-level meter, it shall be an
instrument in good operating condition meeting the requirements for a Type I or Type II
instrument, as delineated in American National Standards Institute Specifications (ANSI),
Section 1.4-19711983, as it now exists or is hereafter amended.. If the measurements are made
with other instruments, or assemblages of instruments, the procedure must be carried out in such
a manner that the overall accuracy shall be at least that called for in Section 1.4-1971 1983 ANSI
for Type II instruments.
(b) When the location, distance or technique for measurement of sound is impractical or
would yield misleading or inaccurate results, measurements shall be taken at other locations or
distances utilizing appropriate correction factors, as specified in the rules promulgated by the
Administrator.
(c) Where a receiving party is partly within one (1) district and partly within another,
the maximum permissible noise level at a point within the property boundary shall be that
permitted into a receiving property wholly within the lowest intensity district in which the sound
is measured.
6.32.060 POSITION OF ADMINISTRATOR ESTABLISHED.
(a) Establishment. The position of administrator is hereby established, and shall be the
mayor, or his or her designee. The administrator is authorized and directed to administer and
enforce the provisions of this chapter.
(b) Qualifications of Administrator. The administrator shall be a person having a
working knowledge of acoustics and competent in the field of noise control. The administrator
shall have completed instructional guidance provided by the State Department of Ecology or
other recognized institution to operate Type I and Type II sound-level meters, and make all
computations and calculations necessary to enforce this chapter.
(c) Duties of Administrator. The duties of the administrator shall include, but are not
limited to:
(1) Obtaining assistance from other appropriate city departments and officials;
(2) Training law enforcement officers and staff;
(3) Purchasing measuring instruments and training inspectors in their
calibration and use;
(4) Establishing a noise-control field procedures manual providing techniques
and procedures for measuring or reducing noise to provide for clarification, interpretation and
implementation of this chapter;
(5) Investigating citizens’ noise complaint;
(6) Issuing orders for the reduction or elimination of noise;
Page 7 of 11
Chapter 6.32 – Noise Levels
(7) Assisting citizens and city departments in evaluating and reducing the
noise impact of their activities;
(8) Assisting city planning officials in evaluating the noise component in
planning and zoning actions;
(9) Instituting a public education program on noise; and
(10) Reviewing at least every three years the provisions of this chapter and
recommending revisions consistent with technology to reduce noise.
6.32.070 VARIANCE PROCEDURE.
(a) A person who owns or is in possession of any property or use, or any process or
equipment, may make a request for a variance to the Administrative Hearing Examiner for relief
from any provision of this chapter governing the quality, nature, duration or extent of discharge
or noise. The application shall be accompanied by such information and data as the Hearing
Examiner may require. The Hearing Examiner shall enforce rules and regulations governing the
application for and granting of variances, including hearing and notices. A variance or its
renewal shall not be the right of the applicant or holder thereof, but shall be at the reasonable
discretion of the Hearing Examiner.
(b) The variance shall not be granted under this section unless the Hearing Examiner
has considered the relevant interests of the applicant, other owners of property likely to be
affected, and the general public and finds that all the following facts and conditions exist:
(1) That there are exceptional or extraordinary circumstances or conditions
applying to the applicant’s property, or intended use thereof, that do not apply generally to other
properties in the same noise control district;
(2) That such variance is necessary for the preservation and enjoyment of a
substantial personal or property right of the applicants possessed by the owners of other
properties in the same noise control district;
(3) That the authorization of such variance does not endanger public health or
safety in the same or adjacent noise control districts;
(4) That the granting of such variance will not adversely affect the general
policy and purposes of this chapter.
(c) In authorizing a variance, conditions regarding noise level, duration, type and other
considerations deemed necessary to carry out the policy and purpose of this chapter may be
imposed.
6.32.090 APPEAL TO SUPERIOR COURT
An appeal of the decision of the Hearing Examiner must be filed with the Superior Court
within twenty-one (21) calendar days of the issuance of the decision.
6.32.110050 PUBLIC DISTURBANCE NOISES
It is hereby unlawful and declared a public nuisance for any person to cause, or for any
person in possession of property to allow to originate from the property, noise defined in this
section. For prosecution under this section, evidence of sound level through the use of a sound
level meter reading shall not be necessary to establish a commission of the offense. Provisions of
this section shall be cumulative and not exclusive, and shall not affect any other claim, cause of
action or remedy including any prosecution for violation of sections regulating environmental
noise. The content of the noise will not be considered in determining a violation. Sounds which
Page 8 of 11
Chapter 6.32 – Noise Levels
do not exceed the maximum environmental noise levels set forth in BMC 6.32.030 may
constitute public disturbance noises. For purposes of this section, any noise or sound emanating
from a business or other source on the property shall be presumed to be with knowledge,
permission or consent of the owner or legal occupant of the property, which presumption may be
rebutted by reasonable evidence to the contrary. The following shall be public disturbance
noises:
(a) The frequent, repetitive or continuance sound of any horn or siren attached to a
motor vehicle, except as a warning of danger or as specifically permitted or required by law.
(ba) The creation of frequent, repetitive or continuous noise in connection with the
starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off-highway
vehicle or internal combustion engine within District I and District II so as to unreasonably
disturb or interfere with the peace, comfort and repose of owners or possessors of real property
so as to be plainly audible to a person of average hearing from a distance ofgreater than one
hundred (100) feet or more from the source.
(cb) The use of a sound amplifier or other device capable of producing or reproducing
amplified sound upon public streets for the purpose of commercial advertising or sales or for
attracting the attention of the public to any vehicle, structure or property or the contents therein
operated at a volume so as to be plainly audible to a person of average hearing from a distance of
greater than one hundred (100) feet or more from the source, except as permitted by law, and
except that vendors whose sole method of selling is from a moving vehicle shall be exempt from
this subsection.
(dc) Sound from motor vehicle sound systems, such as tape players, radios, and
compact disc players, operated at a volume so as to be plainly audible to a person of average
hearing from a distance of greater than fiftyone hundred (50100) feet or more from the vehicle
itself.
(ed) Operating or playing, or permitting the operating or playing of, any audio
equipment, television set, musical instrument, or any sound, music or other noise emanating
from any other fixed or portable audio equipment or similar device, operated at a volume so as to
be plainly audible to a person of average hearing from a distance ofgreater than one hundred
(100) feet or more from the source.Sound from audio equipment, such as tape players, radios,
and compact disc players, operated at a volume so as to be audible greater than fifty (50) feet
from the source.
(e) Creating loud, raucous, frequent, repetitive, or continuous sounds with the human
voice, whether by amplification equipment, such as a microphone, or not, so as to be plainly
audible to a person of average hearing from a distance ofgreater than one hundred (100) feet or
more from the source.
(f) The creation of any loud noises which emanate frequently, or repetitively or
continuously from any building, structure or property which unreasonably disturbs the peace,
comfort and repose of others so as to be plainly audible to a person of average hearing from a
distance ofgreater than one hundred (100) feet or more from the source..
(g) Within District II and District III, between the hours of 3:00 p.m and 11:00 p.m. on
Fridays and Saturdays, music originating from or in connection with the operation of any
commercial establishment or enterprise shall only be subject to the provisions of BMC 6.32.050
and be considered public disturbance noises if such music is plainly audible to a person of
average hearing from a distance of two hundred (200) feet or more from the source.
(h) Between the hours of 7:00 a.m. and 10:00 p.m. the following noises shall be exempt
from the provisions of BMC 6.32.050 and shall not be considered public disturbance noises:
Page 9 of 11
Chapter 6.32 – Noise Levels
(1) Sounds originating from residential property relating to temporary projects
for the maintenance or repair of homes, grounds and appurtenances.
(2) Sounds created by the discharge of firearms on authorized shooting
ranges.
(3) Sounds created by the installation or repair of essential utility services.
(4) Sounds originating from duly permitted temporary construction sites as a
result of construction activity.
(5) Sounds originating from forest harvesting and silvicultural activity.
(6) Sounds created by bells, chimes, and carillons which do not exceed five
(5) minutes in an hour.
(i) At all times the following noises shall be exempt from the provisions of BMC
6.32.050 and shall not be considered public disturbance noises:
(1) Sounds created by warning devices not operating continuously for more
than five (5) minutes.
(2) Sounds created by safety and protective devices where noise suppression
would defeat the intent of the device or is not economically feasible.
(3) Sounds created by emergency equipment and work necessary in the
interests of law enforcement or for the health, safety or welfare of the community.
(4) Sounds originating from parades and other public events when duly
permitted and conducted within the public right-of-way or on a site designated by the applicable
permit.
(5) Fireworks lawfully discharged within the City pursuant to Chapter 9.48
BMC.
(6) Sounds caused by the emergency repair, routine maintenance, or
construction of any public facility, utility, or street approved by the City of Bremerton Public
Works and Utilities Department.
(7) Sounds created from school marching bands while participating in school
sanctioned practices or performances.
6.32.115 BELLS, CHIMES OR CARILLONS.
The operation of bells, chimes or carillons shall be exempt from the provisions of this
chapter.
6.32.120060 VIOLATIONS – CIVIL PENALTY, CRIMINAL PENALTY.
(a) Civil Infraction. Any person who violates the provisions of this chapter shall be
subject to a civil penalty of up to $250.00; provided, that the penalty for a second or subsequent
violation within a two-year period shall be a civil penalty of up to $500.00, unless determined to
be a habitual violator pursuant to Subsection (b) below.Every offense defined by this chapter or
conduct made unlawful hereby shall constitute a civil infraction under the Bremerton Municipal
Code; provided, however, A second violation within a twenty-four (24) hour period shall
constitute a misdemeanor.
(b) Habitual Violators – Misdemeanor. Any person, after receiving three (3) or more
infractions, singularly or in combination, for prior violations of this chapter within a one hundred
and eighty (180) day period found to be committed by the Municipal Court shall be guilty of a
misdemeanor pursuant to BMC 1.12.020(2) upon a subsequent violation within said one hundred
and eighty (180) day period. A conviction of a misdemeanor under this subsection shall be
Page 10 of 11
Chapter 6.32 – Noise Levels
considered and counted as an infraction for the purpose of determining whether or not a violator
is a habitual violator. In addition to any other sanction or injunctive procedure which may be
available at law or equity, any person failing to comply with the final order issued by the
administrator or a police officer shall be subject to a cumulative civil penalty in an amount not to
exceed one hundred dollars ($100.00) per day from the date set for compliance until compliance.
The civil penalty shall be collected by legal action brought in the name of the City.
(c) For enforcement purposes, each day, defined as a twenty-four (24) hour period
beginning at 12:01 a.m. in which violation of this chapter occurs, shall constitute a separate
violation.
SECTION 2. Corrections. The City Clerk and codifiers of this ordinance are
authorized to make necessary corrections to this ordinance including, but not limited to, the
correction of scrivener, clerical, typographical, and spelling errors, references, ordinance
numbering, section/subsection numbers and any references thereto.
SECTION 3. Severability. If any one or more sections, subsections, or sentences
of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the
validity of the remaining portion of this ordinance and the same shall remain in full force and
effect.
SECTION 4. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
PASSED by the City Council the___________ day of ____________________, 2022.
_________________________________
MICHAEL GOODNOW, Council President
Approved this ________ day of ________________________, 2022.
_________________________________
GREG WHEELER, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________________ _________________________________
ANGELA HOOVER, City Clerk KYLIE FINNELL, City Attorney
PUBLISHED the ________ day of ______________________, 2022.
EFFECTIVE the ________ day of ______________________, 2022.
ORDINANCE NO. ________.
Page 11 of 11
Chapter 6.32 – Noise Levels
R:\Legal\Legal\Ordinances\Police\BMC 6.32 - Noise Levels - City version 18.docx
From:
To:
Cc:
Subject:
Date:
City Council
Clark, Everett D CIV USN NAVSHIPYDIMF PGS WA (USA)
Aaron Elton; Mike Davis; Randy Plumb; Tom Wolfe; Kylie Finnell; Mychael Raya; Brett Jette; City Council;
Jennifer Hayes; Greg Wheeler
RE: Citizen Noise Complaint (Everett Clark)
Monday, July 11, 2022 7:28:37 PM
Mr. Everett,
Your email was forwarded to the Council Members for their review.
Please note that the proposed Ordinance amending Chapter 6.32 of the Bremerton Municipal Code
entitled “Noise Level” is scheduled for presentation to the City Council at the July 27 Study Session.
Your email will be included as a part of the record.
Thank you for taking the time to share your comments.
Lori Smith
Legislative Office Manager
Bremerton City Council
(360) 473-5280
www.BremertonWA.gov
From: Greg Wheeler <Greg.Wheeler@ci.bremerton.wa.us>
Sent: Monday, July 11, 2022 4:28 PM
To: Clark, Everett D CIV USN NAVSHIPYDIMF PGS WA (USA) <everett.clark@navy.mil>
Cc: Aaron Elton <Aaron.Elton@ci.bremerton.wa.us>; Mike Davis <Mike.Davis@ci.bremerton.wa.us>;
Randy Plumb <Randy.Plumb@ci.bremerton.wa.us>; Tom Wolfe <Tom.Wolfe@ci.bremerton.wa.us>;
Kylie Finnell <Kylie.Finnell@ci.bremerton.wa.us>; Mychael Raya
<Mychael.Raya@ci.bremerton.wa.us>; Brett Jette <Brett.Jette@ci.bremerton.wa.us>; City Council
<City.Council@ci.bremerton.wa.us>; Jennifer Hayes <Jennifer.Hayes@ci.bremerton.wa.us>
Subject: RE: Noise complaint
Good afternoon Everett,
Thank you for the phone call last week and following up with an email as we discussed. It was good to
hear from you although I wish it was under better circumstances. I am including the City of Bremerton
Police and Legal Departments in my reply to follow up on the concerns you are reporting, including the
noise issue. Also included in my reply is the Bremerton City Council to hear firsthand the impacts an
unenforceable (it is another way of saying no noise ordinance) noise ordinance is having on our
residents. You have provided a good example of what is occurring around our city. Take care Everett, I
hope you get a chance to enjoy some of this nice weather we are experiencing.
Sincerely,
Greg Wheeler Mayor
City of Bremerton (360) 473-5266
From: Clark, Everett D CIV USN NAVSHIPYDIMF PGS WA (USA) <everett.clark@navy.mil>
Sent: Monday, July 11, 2022 2:26 PM
To: Greg Wheeler <Greg.Wheeler@ci.bremerton.wa.us>
Subject: Noise complaint
Good afternoon Mayor,
I just want to reiterate the information from our last conversation about the residence at 111 Naval
Ave. Bremerton, WA.
On May 16, 2022 I took tenancy of a residence on Gregory Way. Which perpendicular to the
residence of 111 Naval Ave. Immediately after I moved in, I noticed the peculiar look of the yard at 111
Naval due to the displaying of several flags in the yard. Everything from every military service flag, Ukrainian
flag, Black Lives matter flag, and the Pride flag. In addition, I notice at night there are quite a few bright
security lights surrounding the house. Within a day or two of my tenancy, I started to hear loud music and
voice recordings of how to render a proper military salute, how to field strip a 9mm service weapon, military
fight songs, marches and such. Sometimes it starts in the morning and plays all day in the late evening. If I
walk to my sidewalk to see what is going on at the residence I am berated with cursing “What the F are you
looking at, get back in your house” etc. In most cases, the person in question is dressed military fatigues and
stands in the doorway of his residence for hours on end.
One the evening of July 4rd 2022 I called the Bremerton Police to file a noise complaint due the
music was extremely loud and after about 10:30 P.M. When the Bremerton police arrived in from of my
residence the individual stared yelling profanities at the patrol officer. The patrol officer spoke to me stating
that they are aware of the residence and that there is nothing he could do about the noise and that his
hands have been tied. Due to Bremerton Police no longer being able to enforce noise ordinances. One item
that really got my attention was the patrol officer asked me to watch the street to make sure the tenant at
111 Naval was not leaving his residence as he faced me to talk to me about the on-going situation. My
neighbor across the street on Gregory says he has made many complaints in the past both verbally and
written to no avail. Many neighbors are afraid of the individual due to being verbally accosted and are afraid
to file complaints for fear of reprisal.
My initial issue was the noise complaint but there is something else that is more important, my
safety. Of course, I am not a doctor but I believe this person suffers from some sort of mental illness and is
a danger to the city and its residents. No citizen in the city of Bremerton should feel unsafe in their
residence and have to keep firearms in close proximity for fear of a neighbor with
known issues. Ant assistance in this matter would be great appreciated.
v/r
Everett Clark
Code 900S Production Waterfront Safety Supervisor
(360) 535-2727 Cell
(360) 476-0073 Desk
From:dene
To:City Council
Subject:Noise Ordinance Restaurants
Date:Saturday, July 23, 2022 8:56:54 AM
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.
Please consider the public value of live music in local restaurants. Rather than subjective noise levels
at a given distance, please consider defined hours. Perhaps 10:00 PM on weekdays and 12:00 AM on
weekends.
Thank you
From: Bill Broughton <bill@kitsaplawgroup.com>
Sent: Sunday, July 24, 2022 11:20 AM
To: Mychael Raya <Mychael.Raya@ci.bremerton.wa.us>
Cc: Kylie Finnell <Kylie.Finnell@ci.bremerton.wa.us>
Subject: RE: Noise Ordinance
CAUTION: This email originated from outside of the organization. Do not click links or open attachments
unless you recognize the sender and know the content is safe.
Thanks Mychael
Please pass on these comments:
1. I am puzzled by the limitation of music to weekends. My client has live music during
the week as do other venues. We would ask that this limitation be eliminated.
2. The “audible within 200 feet” limitation effectively eliminates the exemption as live
music can be heard beyond 200 feet anywhere it is played. There is no science to
support this arbitrary distance. (or the 100 feet default.
3. Db levels are too low. As we discussed the 60 Db from the 80s law is too low. 90 Db
is the OSHA standard.
OSHA's standard for occupational noise exposure in general industry allows a level of
90 decibels (dBA) for an eight-hour exposure, with higher levels permitted for shorter
periods of time. Although sound levels in night clubs and concert halls may sometimes
exceed 90 dBA, most musicians and other employees of entertainment establishments
are exposed to loud music less than eight-hours a day.
The Db in front of Brother Don’s is over 60 with no music when Kitsap Way traffic is
heavy.
Bill Broughton
Best regards,
William H. Broughton
3212 NW Byron St. Suite 101
Silverdale, WA 98383
P: 360.692.4888
F:360.692.4987
From: Chuck Capps <chuck@advantagenissan.com>
Sent: Tuesday, July 26, 2022 5:07 PM
To: City Council <City.Council@ci.bremerton.wa.us>
Subject: Proposed Noise Ordinance
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Hello Council,
I was able to get a copy of the proposed noise ordinance to be discussed tomorrow. We are happy
with how it was written. I believe this is fair for all and appreciate limiting the exception to
Friday/Saturday when our kids will not need to go to school the next day. I hope you all are able to
approve it, so we have an enforceable noise ordinance that really seems fair to both us and Brother
Don’s.
Thank you all for your work on this.
Chuck Capps
Advantage Nissan/ Advantage Used Car & Truck Center
chuck@advantagenissan.com
360-373-6300
www.advantagenissan.com
www.washingtonusedcardealer.com
"There are no traffic jams going the extra mile"
From: Cheryl Bruckman <bruckman10@outlook.com>
To: Cbruckmcl@aol.com <Cbruckmcl@aol.com>
Sent: Wed, Jul 27, 2022 3:15 pm
Subject: Fw: Noise Levels 6.32
From: Cheryl Bruckman <bruckman10@outlook.com>
Sent: Wednesday, July 27, 2022 3:12 PM
To: City Council <City.Council@ci.bremerton.wa.us>
Cc: rinkegordon2@gmail.com
Subject: Noise Levels 6.32
Greeting Council Members
I apologize for this late email, it was just brought to my attention, and the city emailed me info on
7/22/22. Thank you very much.
I read the revised Noise Levels 6.32 and between the cross outs and new language I got a bit confused,
so I am going to give you, my take on what make sense to me as a restaurant operator. I also want to
describe our program and what makes us reasonable neighbors.
Again please forgive my ignorance, if I am confused or do not understand.
1. Weekend should be describer as Friday, Saturday and Sunday ( Friday is normally our biggest
night)
2. When we have music. On the 1st Monday of the month with Ray Ohls and his jazz trio. On
Tuesday we have the Tim Hall Jam, where musicians after the 1st set can play a few songs with
the band. On Thursday we have the impressive Tammy Frost Trio, Tammy sings Blues, Country,
and Pop. We also have music Friday, Saturday and Sunday. This is why Gordon Rinke and
Brother Dons has been awarded “BEST LIVE MUSIC” by West Sound Magazine ( 2ND PLACE
Clearwater Casino). It costs money to schedule bands and we have a slow night like any
business, however we are among the leader to promote a variety of music in Kitsap County.
Brother Dons is a family establishment and parents feel comfortable bring in their children to
listen to music. The 19th Hole, The Garage and The Manette Saloon are all must be 21 years of
age.
3. Brother Dons Music Hours 1 Monday a month 6pm to 9pm, Tuesday 7pm to 930pm, Thursday
7pm to 930pm, Friday 7pm to 10pm, Saturday 7pm to 10pm, and Sunday 5pm to 8pm. WE DO
NOT PLAY LATE.
4. Our 4 closest houses are at approximately 220’, 200’, 180’ and 200’ away from Brother Dons.
We believe only 1 neighbor to the right at 200’ has complained, we are prepared buy that
bedroom black out curtains, that are used in motels near free ways. We have a decibel reader
with LARGE numbers, for bands to read keep in range of 90 to 95 decibels’. We strongly
encourage and monitor our bands. The closes house we have measured about 55 decibels, like
the sound of a babbling brook.
5. Does it make sense, that it takes 1 person to make a complaint and another person to make a ”I
can hear the music” call, to effect our business.
6. The 100’ rule is like hearing a C string Peewee football quarterback calling signals at 33 yards.
The 200’ rule at 66 yards. Your going to hear the quarterback.
Thank you for all you do
Bart Bruckman
cbruckmcl@aol.com
cell 520-404-5352
COUNCIL DISTRICT 3
Jeff coughlin
Green Drinks –Aug. 11 @ Turner Joy
COUNCIL DISTRICT 7
eric younger
COUNCIL DISTRICT 5
Michael goodnow