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Home My WebLink About10/05/2022 CITY COUNCIL AGENDA PACKET______________________________________________________________ CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 - Phone (360) 473-5280 WEDNESDAY, OCTOBER 5, 2022 CITY COUNCIL Virtual/Live Stream VIRTUAL MEETING AGENDA 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/88051422033?pwd=ckhpYjlnQ0MwNWhnYmhuOFVSd254dz09  Or One tap mobile: US: US: +12532158782,,88051422033#,,,,*173061# or +17193594580,,88051422033#,,,,*173061#  Or Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 253 215 8782 or +1 719 359 4580 or +1 346 248 7799 or +1 669 444 9171 Webinar ID: 880 5142 2033 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 & Check Register B. Minutes of Meeting - September 21, 2022 C. Minutes of Study Session - September 28, 2022 D. Purchase of 2023 Vehicles and Equipment E. Goods & Services Agreement with Cummins Inc. for Provision of Generators for Anderson Creek Wellfield Pump Station 2, Well 6R, and Well 8 F. Confirm Reappointment of Joan Hanten to the Bremerton Housing Authority Board 4. PUBLIC RECOGNITION 5. GENERAL BUSINESS – There are no General Business items tonight... 6. COUNCIL MEMBER REPORTS 7. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING MAYOR’S REPORT October 5, 2022 Photo courtesy of Port of Bremerton Bremerton Ferry Route Update Efforts gathering steam for temporary expansion of Kitsap Transit fast ferry service to fill gaps in state ferry service for Bremerton-Seattle route: •Kitsap Transit recently sent a letter to Governor Inslee proposing several new fast ferry sailings during the week and on Saturday •IFPTE, Local 12 has announced its support and is preparing a letter to the Governor •Following Mayor Wheeler’s letter to Governor on Sept. 16, multiple organizations have pledged their support and sent letters to Governor Inslee over the past two weeks, including the Port of Bremerton, Kitsap Economic Development Alliance, and Bremerton Metal Trades Council. Members of the Bremerton community and people who commute to Bremerton are invited to attend an online open house on October 11, 2022 from 6pm to 7:30pm. Project staff will review proposed solutions to traffic, parking, PSNS access, and livability needs in Bremerton, followed by a Q and A session. To learn more, visit the project webpage at BremertonWA.gov/jctp. Joint Compatibility Transportation Plan Open House Cruise Ships in Bremerton The City of Bremerton continues to be a destination. The American Constellation cruise ships returned to Bremerton in 2022 docking at the Bremerton Marina with passengers visiting our local attractions. The cruise line is expected to return with additional trips in 2023! Photo by Port of Bremerton AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: N/A Claims & Check Register COUNCIL MEETING Date: October 5, 2022 Department: Legal Services Presenter: Angela Hoover Phone: (360) 473-5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1. Check Numbers 399927-400110 and Electronic Fund Transfers V36006-V36082 in the grand total amount of $2,623,571.60 2. Regular Payroll Payouts for pay period ending September 15, 2022 in the amount of $2,212.23 3. Retiree Payroll for pay period ending September 30, 2022 in the amount of $45,691.85 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 – September 21, 2022 Study Session Date: N/A COUNCIL MEETING Date: October 5, 2022 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes of Meeting held on September 21, 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 September 21, 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, September 21, 2022 A virtual meeting of the City Council of the City of Bremerton was called to order Wednesday, September 21, 2022, at 5:30 PM with Council Vice President Jennifer Chamberlin presiding. Council Members present were Eric Younger, Anna Mockler, Quinn Dennehy, Jeff Coughlin, and Denise Frey. Council President Michael Goodnow was absent. Also present were City Attorney Kylie Finnell; City Clerk Angela Hoover; Legislative Office Manager Lori Smith; and IT Manager Dave Sorensen. Vice President Chamberlin 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 announced the following…  Letters of Support for expanding Ferry Service through Kitsap Transit;  Information will be provided to local residents to protect City sewers and to help prevent future discharges; and  After a recent algae bloom at Kitsap Lake, test results were provided to Kitsap Public Health and to Property Owners, with tests continuing until the issue is resolved. CONSENT AGENDA 3A – Claims & Check Register: Check Numbers 399743 through 399926 and Electronic Fund Transfers V35912 through V36005 in the grand total amount of $3,353,916.86; Regular Payroll for pay period ending August 31, 2022 for Payouts in the amount of $418.02; and Regular Payroll for pay period ending September 15, 2022 in the amount of $1,014,014.08 3B – Minutes of Meeting – September 7, 2022 3C – Minutes of Study Session – September 14, 2022 3D – Ordinance No. 5454 adding Section 9A.24.230 to the Bremerton Municipal Code entitled “Open Carry of Weapons Prohibited in Municipal Buildings” 3E – Ordinance No. 5455 amending Sections 9A.32.070 and 9A.32.080 of the Bremerton Municipal Code entitled “Domestic Violence – State Statutes Adopted by Reference” and “Order for Protection and Restraining Order – State Statutes Adopted by Reference” respectively 3F – Ordinance No. 5456 adding Sections 9A.44.130 and 9A.44.140 to the Bremerton Municipal Code entitled “Interference with a Health Care Facility” and “Penalty” respectively 3G – Contract Modification Agreement No. 3 with Rice Fergus Miller, Inc. for the Quincy Square Project 3H – Contract Modification No. 4 with Parametrix, Inc. for the Kitsap Lake Park Renovation Project and related Budget Adjustment 3I – Interagency Agreement with WA State Department of Enterprise Services for Energy Savings Performance Contracting Program 3J – Agreement with WA State Department of Enterprise Services for Investment Grade Audit of the Eastside Treatment Plant City Council Reg. Mtg. Minutes Wednesday, September 21, 2022 Page 2 of 4 3K – Public Works Agreement with Air Management Solutions, LLC for Installation of Upgraded HVAC systems at the Wastewater Treatment Plant Administration Building 3L – Ordinance No. 5457 amending Chapter 2.50 of the Bremerton Municipal Code relating to the “Management & Professional Staff Compensation Program” There were no questions or comments from the public… 5:42 PM M/S/C/U (Dennehy/Mockler) Move to approve the CONSENT AGENDA as presented. PUBLIC RECOGNITION Comments from the public were provided by Mary Lou Long; Jane Rebelowski; Ki’aha Long; Cathy T. Bradley; Jo Walter; and Marwan Cameron… PUBLIC HEARING 5A – PUBLIC HEARING FOR AMENDING TITLE 20 OF THE BREMERTON MUNICIPAL CODE REGARDING “COTTAGE HOUSING DEVELOPMENT, DUPLEX & TOWNHOMES, BONUS DENSITY FOR AFFORDABLE HOUSING DEVELOPMENT, AND DEFINITION UPDATES”: Planning Manager Garrett Jackson explained that the action before Council is to conduct a Public Hearing and adopt an Ordinance amending BMC Title 20.42 Definitions to add a definition for Cottage Housing Development and revise the definition of Maximum Density; BMC 20.58 Land Use Permits to add a State required density bonus for religious organizations providing affordable housing, and extend this entitlement to the Bremerton Housing Authority; 20.60 Low Density Residential (R-10) to revise Duplex & Townhome use standards and add provisions for Cottage Housing, and 20.78 Medium Density Residential (R-18) by adding provisions for Cottage Housing. Planner Kate Millward was also available to provide input. Vice President Chamberlin explained the purpose of this Public Hearing is to accept public comment… Questions and comments from the public were received by Jesse Adams; Jeffery Calnan; Gina; Cathy Bradley; Sue Plahn; Lisa Nystrom; Mike Nystrom; Jessica Phares; Vadim Cogan; Jane Rebelowski; Gray; Jo Walter; Ed Cunningham; with responses provided by Mr. Jackson… 7:10 PM With no further questions or comments by the public, Vice President Chamberlin closed the hearing to the public… And called a 5-minute break… 7:15 PM Vice President Chamberlin called the meeting back to order; and opened discussion to the Council… 7:16 PM Motion was made by Coughlin; and seconded by Dennehy…Questions and comments were received by Coughlin, Dennehy, Mockler, Frey, Younger, and Chamberlin; with responses provided by Mr. Jackson… 8:10 PM M/S/C/U (Coughlin/Dennehy) Move to pass Ordinance No. 5458 as recommended by the Planning Commission to amend Bremerton Municipal Code Section Title 20 related to Duplex, Townhomes, Cottage Housing, Bonus Density, and Definitions. Voted in Favor of Motion: Frey, Coughlin, Dennehy, Mockler, Chamberlin Voted Opposed to Motion: Younger Motion carried; 5-Yes; 1-No GENERAL BUSINESS – There were no General Business items… City Council Reg. Mtg. Minutes Wednesday, September 21, 2022 Page 3 of 4 COUNCIL MEMBER REPORTS Eric Younger thanked members of the public for submitting their comments tonight during the Public Hearing; and called for the Audit Committee to explore more performance-type audits on Ordinances enacted by the Council. Anna Mockler was also interested in reviews of enacted Ordinances; acknowledged tonight’s public comment; hoped that Kitsap Transit’s service can be improved to address the needs of the disabled; and thanked Council Member Younger for suggesting an improvement to public outreach and to Mayor Wheeler for carrying that out. Quinn Dennehy thanked Council Member Younger for requesting the numbers to consider as a part of the Public Hearing, and even though he didn’t vote the same, he respected the way he presented his argument. Jeff Coughlin reminded the public that Council previously passed a Resolution to establish that Council Meetings would be held exclusively by Zoom through October 5; the Bremerton Ferry Coalition with Community Driven Accountability formed to support Bremerton ferry service; “Senior Citizen Day at the Market” would be the theme for the next Bremerton Community Farmers Market on Thursday, September 22 from 3:30 to 6:30 PM at Evergreen Rotary Park; the Kitsap Black Student Union would be hosting “Welcome Back, Kick Back, Give Back” , a free community event on Sunday, October 2 from 1:00 to 5:00 PM for all ages in the Marvin Williams Center Parking Lot; and expressed his appreciation to everyone who helped make the Joint District 2 & 3 Community Meeting a success. Denise Frey echoed appreciation for Public Works staff who participated in the Joint District 2 & 3 Community Meeting and the Mayor for coming; commented that audits of systems can have an impact and is important data to have; and was appalled that the State of Washington looked to Kitsap Transit to solve the transportation issues of the community. Mayor Wheeler responded to the concerns expressed about poor WA State Ferry service in Bremerton. Vice President Chamberlin reiterated the previous comments regarding the unreliable service by Kitsap Transit, but also understands the systematic problem with a lack of workers since the pandemic; loved walking around the flourishing gardens in Blueberry Park; wished Council Member Mockler an early Happy Birthday; and reminded the public that Council Meetings will continue to be held remotely through October 5, 2022, including the Study Session next Wednesday, September 28 at 5:00 PM. 8:33 PM Vice President Chamberlin announced that a 15-Minute Executive Session would be held to discuss “Pending Litigation” as allowed under RCW 42.30.110 (1) (i); and that Council action is anticipated… 9:03 PM After extending the Executive Session for an additional 15-minutes, Vice President Chamberlin called the meeting back to order… The Motion was read into the record by City Attorney Kylie Finnell, so moved by Dennehy, and seconded by Mockler… 9:03 PM M/S/C/U (Dennehy/Mockler) Move to approve Settlement Agreement with James Lovinelli for $150,000; and authorize the Mayor to execute the same. City Council Reg. Mtg. Minutes Wednesday, September 21, 2022 Page 4 of 4 With no further business, Vice President Chamberlin adjourned the Council Meeting at 9:04 PM. Prepared and Submitted by: ______________________________ LORI SMITH Legislative Office Manager APPROVED by the City Council on the 5th day of October, 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 – September 28, 2022 Study Session Date: N/A COUNCIL MEETING Date: October 5, 2022 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes of Study Session held on September 28, 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 September 28, 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, September 28, 2022 A virtual Study Session of the City Council of the City of Bremerton was called to order on Wednesday, September 28, 2022 at 5:00 PM, with Council President Michael Goodnow presiding. Other Council Members present were Eric Younger, Anna Mockler, Quinn Dennehy, and Denise Frey. Council Vice President Jennifer Chamberlin and Council Member Jeff Coughlin were absent. 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; no action is anticipated; and that tonight’s Agenda was amended to remove Item A3. If approved by the Council, these items will be placed on the September 28, 2022 City Council Virtual Meeting Agenda… A. BRIEFINGS on AGENDA BILL ITEMS 1. Purchase of 2023 Vehicles and Equipment Consent Agenda 2. Goods & Services Agreement with Cummins Inc. for Provision of Generators for Anderson Creek Wellfield Pump Station 2, Well 6R, and Well 8 Consent Agenda 3. Three-Year Planned Equipment Maintenance Agreement with Cummins, Inc. for WWTP Emergency Generators Rescheduled to October 26 Study Session 4. Confirm Reappointment of Joan Hanten to the Bremerton Housing Authority Board Consent Agenda B. GENERAL COUNCIL BUSINESS o Public Works Committee Monthly Briefing (Last Meeting 9/20/22) – Chair Eric Younger o Other General Council Business was briefly discussed. President Goodnow provided a reminder that regular Council Meetings will continue to be held remotely for the next Council Meeting on Wednesday, October 5, 2022, beginning at 5:30 PM, but he also thanked the public for their patience because plans are being finalized to return back to in-person meetings soon. With no further business, the Study Session was adjourned at 5:48 PM. Prepared and Submitted by: ______________________________ LORI SMITH Legislative Office Manager City Council Study Session Minutes Wednesday, September 28, 2022 Page 2 of 2 APPROVED by the City Council on the 5th day of October, 2022. MICHAEL GOODNOW , Council President ATTEST: ______________________________ ANGELA HOOVER, City Clerk MG:AH:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: September 28, 2022 Purchase of 2023 Vehicles and Equipment COUNCIL MEETING Date: October 5, 2022 Department: PW & U Presenter: Chris Mottner Phone: (360) 473-2316 SUMMARY: Public Works is requesting pre-approval for the purchase of 2023 vehicle and equipment replacements and new additions to the City’s fleet per the ERR replacement schedule. Orders will be placed as vehicles become available to the City on the Washington Share DES Procurement Contract #05916. ATTACHMENTS: 1) Justification 2) Vehicle Purchase’s Summary FISCAL IMPACTS (Include Budgeted Amount): All vehicles identified on the vehicle purchase list are budgeted in 2023. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the 2023 Vehicle and Equipment Order as presented in the summary in the amount of $2,199,253.00, including Washington State sales tax. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/09/2021 3D AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: September 28, 2022 Goods & Services Agreement with Cummins Inc. for Provision of Generators for Anderson Creek Wellfield Pump Station 2, Well 6R, and Well 8 COUNCIL MEETING Date: October 5, 2022 Department: Public Works & Utilities Presenter: Cami Apfelbeck Phone: (360) 473-2315 SUMMARY: This agreement provides for the manufacture, delivery, startup, and load bank testing of three emergency backup generators in the Anderson Creek Wellfield at Pump Station 2, Well 6R, and Well 8. Routinely the Anderson Creek Wellfield provides approximately 20% of the City’s water, and it serves as a critical backup water supply when the surface water system is shut down for maintenance or other operational requirements. This purchase supports the Water Utility’s Emergency Power Plan implementation. The utility has installed eight backup generators so far and intends to install eight more (including these three) to complete implementation by 2024. ATTACHMENTS: 1) Goods and Services Agreement that sets terms and conditions, scope of work, and deliverables 2) Sole Source Determination FISCAL IMPACTS (Include Budgeted Amount): $250,963.44 from the Water Utility Capital Budget. No budget additions or changes required. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Goods and Services Agreement between the City of Bremerton and Cummins Inc. for Provision of Generators for Anderson Creek Wellfield Pump Station 2, Well 6R, and Well 8; 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 3E Page 1 of 9 Goods and Services Agreement Rev. 09/2021 GOODS AND SERVICES AGREEMENT THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ("City"), and Cummins Inc. ("Vendor"), whose mailing address is: 1030 SW 34th ST, Suite A, Renton, WA 98057. The parties agree as follows: I. VENDOR SERVICES. The Vendor shall provide the following goods and materials and/or perform the following services for the City: Please see Cummins Inc.’s Quotation No. Q- 130328-20220728-1300 (Pump Station 2), Q-130342-20220728-1345(Well 6R), Q-130352- 20220728-1416 (Well 8) dated July 28th 2022 (collectively, “Vendor’s Quotation”). Including its terms and conditions attached as Exhibit A. II. TIME OF COMPLETION. Vendor shall complete the work and provide all goods, materials and services within 365 calendar days from the date all parties have signed this Agreement. III. COMPENSATION. The City shall pay the Vendor the total amount of $250,963.44 including applicable Washington State Sales Tax, for the goods, materials and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: 95% of total compensation upon initiation of contract. Remaining 5% of compensation upon completion of work. Net 30 Days. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services on its own or from a third party, and Vendor 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 Agreement price specified above. The City further reserves its right to deduct the cost to complete this Agreement, including any Additional Costs, from any and all amounts due or to become due the Vendor. IV. INDEPENDENT CONTRACTOR. Vendor is and shall be at all times acting as an independent contractor and not as an employee of the City. The Vendor 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 Vendor, officer, agents, employees and subcontractors. The Vendor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Vendor's officers, agents, employees and subcontractors. V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: Page 2 of 9 Goods and Services Agreement Rev. 09/2021 A. The Vendor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of this Agreement. B. The Vendor's failure to complete this Agreement within the time specified in this Agreement. C. The Vendor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Vendor's failure to comply with federal, state or local laws, rules or regulations. E. The Vendor's filing for bankruptcy or becoming adjudged bankrupt. If the City terminates this Agreement for good cause, the Vendor shall not receive any further monies due under this Agreement until the goods, materials, and services required by this Agreement are completed and fully performed by the City or a third party of the City’s choosing. VI. CHANGES. The City may issue a written change order for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that a change order is necessary, Vendor must submit a written change order request to an authorized agent of the City within fourteen (14) calendar days of the date Vendor 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 Vendor'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 Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Vendor fails to require a change order within the time allowed, the Vendor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment the Vendor must complete the change order work; however, the Vendor may elect to protest the adjustment as provided below: A. Procedure and Protest by the Vendor. If the Vendor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor 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 Vendor'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. Page 3 of 9 Goods and Services Agreement Rev. 09/2021 e. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. 3. The Vendor 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 Vendor's records needed for evaluating the protest. 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. Vendor's Duty to Complete Protested Work. In spite of any protest, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. C. Vendor's Acceptance of Changes. The Vendor 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 Vendor 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 Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VII. CLAIMS. The Vendor 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 Vendor 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 Vendor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Vendor's written claim must include the information set forth regarding protests in Section VI(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. Page 4 of 9 Goods and Services Agreement Rev. 09/2021 Vendor 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. VIII. WARRANTY. Goods purchased hereunder are accompanied by an express written manufacturer’s warranty (“Warranty”) and, except as expressly provided in this Agreement, is the only warranty offered on such goods. The Vendor shall correct all defects in workmanship and materials during the term of the Warranty set forth in Vendor’s Quotation (“Warranty Term”) in accordance with the Warranty Term.. Defects corrected under the Warranty are warranted for the time remaining under the Warranty Term. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time, the City may complete the corrections at the expense of Vendor. IX. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all third party claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with bodily injury, death or tangible property damage to the extent caused by defective goods manufactured by Vendor and delivered to City under this Agreement. Vendor’s obligation to indemnify shall not extend to that portion of damages caused by the City’s sole negligence. The City's inspection or acceptance of any of Vendor'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 Vendor and the City, its officers, officials, employees, agents and volunteers, the Vendor's liability hereunder shall be only to the extent of the Vendor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES 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. X. INSURANCE. The Vendor shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the contract work by the Vendor, its agents, representatives, employees or subcontractors. Before beginning work on the project described in this Agreement, the Vendor shall provide a Certificate of Insurance evidencing: A. Automobile Liability insurance with limits no less than $1,000,000 combined Page 5 of 9 Goods and Services Agreement Rev. 09/2021 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 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; and employer's liability. C. Excess Liability insurance with limits not less than $1,000,000 limit per occurrence and aggregate. D. 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 Vendor. All required policies shall be provided on an “occurrence” basis except professional liability insurance (if required), which shall be provided on a “claims-made” basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Vendor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies. The Vendor's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Vendor'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 Vendor 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 required herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. XI. MISCELLANEOUS. A. Licenses and Taxes. Vendor shall possess a current Bremerton Business License Page 6 of 9 Goods and Services Agreement Rev. 09/2021 and any regulatory license required to fulfill Vendor's obligations under this Agreement. B&O taxes shall be paid when due, and Vendor, by this Agreement, assigns any payments due under this Agreement to the City Clerk for payment of such taxes which have been declared delinquent. B. Conflict and Precedence. In the event of a conflict between the contract documents, the document which rates higher on the following list shall take precedence: 1. Amendments / Change Orders to Goods and Services Agreement 2. Goods and Services Agreement 3. Specifications 4. Terms and Conditions 5. Vendor’s Proposal C. Documents Incorporated by Reference. The following documents are incorporated by reference, including but not limited to: 1. Terms and Conditions, 2. Specifications, 3. Proposal, and 4. Non-Collusion Affidavit. D. Use of Photographs and Images. Vendor shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Vendor or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. E. Equal Employment Opportunity Statement. In the hiring of employees for the performance of work under this Agreement, the Vendor, its subcontractors, or any person acting on behalf of Vendor 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. F. 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. G. Compliance with Laws. Vendor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this Agreement. I. Work Performed at Vendor's Risk. Vendor 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 Vendor's own risk, and Vendor 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. Page 7 of 9 Goods and Services Agreement Rev. 09/2021 J. 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 Vendor under any of the provisions of this Agreement, resolution of that dispute shall be available exclusively under the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. K. Attorney's Fees. 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 IX of this Agreement. L. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed below, 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 in this Agreement. Notices to be sent to: Notices to be sent to: CITY: VENDOR: Attn: Chad Hantelman Attn: Zach Schulte City of Bremerton 1030 SW 34th Street, Suite A 100 Oyster Bay Ave N Renton, WA 98057 Bremerton, WA 98312 M. Assignment. Any assignment of this Agreement by the Vendor without the written consent of the City shall be void. N. 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 Vendor. O. Severability. If any one or more sections, subsections, 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. P. 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. Q. LIMITATION OF LIABILITY. NOTWITHSTANDING ANY OTHER TERM OF THIS AGREEMENT, IN NO EVENT SHALL VENDOR, ITS OFFICERS, DIRECTORS, Page 8 of 9 Goods and Services Agreement Rev. 09/2021 EMPLOYEES, OR AGENTS BE LIABLE TO CITY OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DOWNTIME, LOSS OF PROFIT OR REVENUE, LOSS OF DATA, LOSS OF OPPORTUNITY, DAMAGE TO GOODWILL, ENHANCED DAMAGES, MONETARY REQUESTS RELATING TO RECALL EXPENSES AND REPAIRS TO PROPERTY, AND/OR DAMAGES CAUSED BY DELAY) IN ANY WAY RELATED TO OR ARISING FROM VENDOR'S SUPPLY OF EQUIPMENT UNDER THIS AGREEMENT OR THE USE OR PERFORMANCE OF EQUIPMENT SUPPLIED UNDER THIS AGREEMENT. IN NO EVENT SHALL VENDOR'S LIABILITY TO CITY OR ANY THIRD PARTY CLAIMING DIRECTLY THROUGH CITY OR ON CITY'S BEHALF UNDER THIS AGREEMENT EXCEED THE TOTAL COST OF EQUIPMENT SUPPLIED BY CUMMINS UNDER THIS AGREEMENT GIVING RISE TO THE CLAIM. BY ACCEPTANCE OF THIS AGREEMENT, CITY ACKNOWLEDGES CITY'S SOLE RECOVERY AGAINST VENDOR FOR ANY LOSS SHALL BE THE REMEDY PROVIDED HEREIN EVEN IF THE EXCLUSIVE REMEDY UNDER THE WARRANTY IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN WITNESS WHEREOF, the parties below have executed this Agreement. CITY: VENDOR: City of Bremerton Cummins Inc. By: By: Print Name: Greg Wheeler Print Name:Zach Schulte Its: Mayor Its:Teritory Manager Power Gen. Date: Date: APPROVED AS TO FORM: ATTEST: By: By: KYLIE J. FINNELL, Bremerton City Attorney ANGELA HOOVER, City Clerk R:\Legal\Legal\Forms\FORMS ON COBWEB\Goods and Services Agreement Rev 09 2021.docx 09/01/2022 Page 9 of 9 Goods and Services Agreement Rev. 09/2021 Exhibit A Project: City of Bremerton, Pump Station 2 Quotation: Q-130328-20220728-1300 Quotation: Q-130328-20220728-1300 Page 1 of 7 July 28, 2022 Prepared by Zach Schulte (206) 794-9801 zach.t.schulte@cummins.com We are pleased to provide you this quotation based on your inquiry. Item Description Qty 1 DFEJ Commercial Diesel Generator Set, 450kW Standby 60Hz 1 0 U.S. EPA, Stationary Emergency Application 1 0 450DFEJ, Diesel Genset, 60Hz, 450kW-Standby Rating 1 0 Duty Rating-Standby Power (ESP) 1 0 Emission Certification, EPA, Tier 2, NSPS CI Stationary Emergency 1 0 Fuel Tank-Sub Base, 850 Gallon, UL142 Compliant 1 0 Compliance-Fuel Tank, Michigan 1 0 Listing, ULC-S601-07 1 0 Listing-UL 2200 1 0 Alarm-High Fuel Level, External with OFPV Override 1 0 Fuel Water Separator 1 0 Spill/Fill Box-Fuel with OFPV 1 0 Vent Extensions-Fuel Tank, 5 Inch Diameter 1 0 Control Mounting-Left Facing 1 0 PowerCommand 2.3 Controller 1 0 LCD Control Display 1 0 Relays-Genset Status, User Configured 1 0 Alarm-Audible, Engine Shutdown 1 0 Signals-Auxiliary, 8 Inputs/8 Outputs 1 0 Relay-Alarm Shutdown 1 0 Control Display Language-English 1 0 Circuit Breaker or Entrance Box or Terminal Box-Right Only 1 0 Circuit Breaker or Terminal Box, Left-None 1 0 Circuit Breaker-800A, Right Circuit Breaker on Right side, 3-Pole, UL 600, IEC 690 100% 1 0 Cert-Seismic, IBC2000, IBC2003, IBC2006, IBC2009, IBC2011 1 0 Circuit Breaker or Entrance Box or Terminal Box, Left-None 1 0 Bottom Entry, Right 1 0 Engine Air Cleaner-Normal Duty 1 0 External Battery Charger-12 Amp, Regulated 1 0 Engine Cooling-Radiator, 40C Ambient 1 0 Shutdown-Low Coolant Level 1 0 Coolant Heater-208/240/480 Volts AC, Below 40F Ambient Temperature 1 0 Voltage-277/480, 3 Phase, Wye, 4 Wire 1 0 Genset Warranty-2 Years Base 1 0 Alternator-60Hz, 12 Lead, Extended Range, 125/105C 1 0 Literature-English 1 0 Packing-None, Base Mounted Housing 1 0 Steel Sound Attenuated Level 2 Enclosure, with Exhaust System 1 0 Enclosure Color-Green, Steel 1 0 Wind Rating-150 MPH, Steel Housing 1 2 OTECSED, OTEC Service Entrance Transfer Switch-Electronic Control: 800A 1 0 OTECSE800, Service Entrance TransferSwitch, PowerCommand, 800 Amp 1 0 Relay-Elevator Signal 1 0 Listing-UL 1008 1 0 IBC Seismic Certification 1 0 Application-Utility to Genset 1 0 Transfer Switch Warranty-2 Year Comprehensive 1 0 Cabinet-Type 3R 1 0 Poles-3 (Solid Neutral) 1 Project: City of Bremerton, Pump Station 2 Quotation: Q-130328-20220728-1300 Quotation: Q-130328-20220728-1300 Page 2 of 7 0 Frequency-60 Hz 1 0 System-3 Phase, 3 or 4 Wire 1 0 Voltage-480 Volts AC 1 0 Genset Starting Battery-24V DC 1 0 PC40 Control 1 0 Auxiliary Relay-Switch in Emergency Position-24 Volts DC 1 0 Auxiliary Relay-Switch In Normal Position-24 Volts DC 1 3 Delivery to site, off-loading by others 1 4 Generator starting batteries, Group 8D 2 5 Start up and equipment testing, 2 hour load test. Customer training same day. 1 TOTAL: $ 124,886.00 Quote value does not include any tax. EXCEPTIONS AND CLARIFICATIONS: No specifications or electrical drawings provided or reviewed for this proposal. Terms and conditions of GSA agreed upon between City of Bremerton, Public Works & Utilities and Cummins Inc. apply. COVID 19 SUPPLEMENTAL STATEMENT AS A RESULT OF THE OUTBREAK OF THE DISEASE COVID-19 ARISING FROM THE NOVEL CORONAVIRUS, TEMPORARY DELAYS IN DELIVERY, LABOUR OR SERVICES FROM CUMMINS AND ITS SUB-SUPPLIERS OR SUBCONTRACTORS MAY OCCUR. AMONG OTHER FACTORS, CUMMINS' DELIVERY OBLIGATIONS ARE SUBJECT TO CORRECT AND PUNCTUAL SUPPLY FROM OUR SUB-SUPPLIERS OR SUBCONTRACTORS, AND CUMMINS RESERVES THE RIGHT TO MAKE PARTIAL DELIVERIES OR MODIFY ITS LABOUR OR SERVICE. WHILE CUMMINS SHALL MAKE EVERY COMMERCIALLY REASONABLE EFFORT TO MEET THE DELIVERY, SERVICE OR COMPLETION OBLIGATIONS SET FORTH HEREIN, SUCH DATES ARE SUBJECT TO CHANGE. INTERNATIONAL BUILDING CODE (IBC) CERTIFICATION The products in this quotation identified as meeting the requirements of the 2009 IBC have been certified by their respective manufactures via a combination of analytical testing and shaker table testing. Not all products have been shaker table tested. OFFICE OF STATEWIDE HEALTH PLANNING AND DEVELOPMENT (OSHPD) OSHPD seismic requirements are continuing to evolve. Please contact Cummins for the most current requirements for meeting OSHPD applications. SELECTIVE COORDINATION FOR NATIONAL ELECTRIC CODE (NEC) ARTICLE 700 AND 701 LOADS Cummins generators are equipped with the manufacturer's recommended circuit breaker. Information regarding this device can be supplied upon request. This quotation is not valid if any changes to this circuit breaker(s) is required to coordinate with other devices in the electrical distribution system. If changes are required, the customer must provide a copy of the coordination study listing the manufacturers part number of the disconnect device to be supplied with the generator and a revised quotation will be issued. TRANSFER SWITCH WITHSTAND AND CLOSE RATINGS Transfer switch(es), if included in this quotation, require a withstand and closing rating (WCR) capable of meeting the available upstream fault current (kAIC). The WCR may be based on a specific breaker rating or a time-based rating, and it is the responsibility of a qualified facility designer or engineer to verify compatibility. In the event that the proposed transfer switch(es) are not compatible, the transfer switch(es) will need to be re-quoted to ensure compatibility. A full listing of the WCR can be provided upon request and will be included as part of the submittal package. CUMMINS STANDARD EXCLUSIONS Exhaust System All off-engine piping, hangers, flanges, gaskets, bolts, insulation, other materials and labor to install. Fuel System All fuel piping and materials not limited to; supply, return, venting, valves, coolers, filters, pumps, fittings, primary fuel regulator, storage tank & senders, external to genset package. All fuel for testing and initial fill. Fuel tank vent extensions and flame arrestors unless specifically listed in the Bill of Materials. Cooling System Intake louvers, exhaust louvers, air dampers, sheet metal ducting, flex adapters, sound attenuators/baffles. All off engine piping, flexible connections, labor and coolant for remote cooling systems. Electrical All off-engine wiring, field terminations of wiring, and lugs other than those detailed in our submittal. Mounting Project: City of Bremerton, Pump Station 2 Quotation: Q-130328-20220728-1300 Quotation: Q-130328-20220728-1300 Page 3 of 7 Mounting bolts and anchors. Vibration isolators (if included) may be shipped loose for installation at the jobsite by others. Seismic engineering calculations. Electrical Testing Not limited to International Electrical Testing Association (NETA), infrared scanning, harmonic content or other independent agency testing of switchgear, switchboards, protective relays, circuit breaker, electrical coordination studies, arc flash studies and reactive load site testing. Environmental Testing Environmental Protection Agency (EPA), local air quality district or other Authority Having Jurisdiction (AHJ), including acoustical. Programming All protective relay settings, breaker settings, PLC programming or other user configurable device programming. Documentation Electronic submittals and operation and maintenance manuals will be provided. Printed copies are available upon request, additional charges may apply. Miscellaneous Site specific labeling. Exhaust backpressure, airflow restriction or vibration analysis Design Cummins is not responsible for system design or engineering and does not guarantee system performance standards. Cummins will supply documentation and reasonable assistance to others responsible for system engineering, design and performance. Taxes and Permit Any applicable sales tax, permits, fees, licenses. Bonds Any bid bond, payment or performance bond or other type of bond. All items listed above are excluded and will only be supplied by Cummins if agreed upon, in writing, by a sales representative for Cummins. NOTES: Deduct: Provide level 1 (85 dBA at 23') enclosure in place of level 2 (74 dBA at 23'): $4,000.00 LEAD TIME: Submittal Typical submittal lead time is 3 - 4 weeks after receipt of purchase order. Equipment Current lead-time is 56 - 58 weeks after submittal approval and release for production. Please feel free to contact me if you require any additional information; or if you have any further questions or concerns that I may be of assistance with. Thank you for choosing Cummins. Submitted by: Zach Schulte, Territory Manager zach.t.schulte@cummins.com (206) 794-9801 SUBMITTALS. An order for the equipment covered by this quotation will be accepted on a hold for release basis. Your order will not be released and scheduled for production until written approval to proceed is received in our office. Such submittal approval shall constitute acceptance of the terms and conditions of this quotation unless the parties otherwise agree in writing. Project: City of Bremerton, Well 6R Quotation: Q-130342-20220728-1345 Quotation: Q-130342-20220728-1345 Page 1 of 8 July 28, 2022 Prepared by Zach Schulte (206) 794-9801 zach.t.schulte@cummins.com We are pleased to provide you this quotation based on your inquiry. Item Description Qty 1 C125D6D, Diesel Genset, 60Hz, 125kW 1 0 U.S. EPA, Stationary Emergency Application 1 0 C125D6D, Diesel Genset, 60Hz, 125kW 1 0 Duty Rating-Standby Power (ESP) 1 0 Emissions Certification, EPA, Tier 3, NSPS CI Stationary Emergency 1 0 Fuel Tank-Regional, Dual Wall, Sub Base, 24 Hour Minimum 1 0 Listing-UL 2200 1 0 NFPA 110 Type 10 Level 1 Capable 1 0 High Fuel Level Alarm Panel 1 0 Fuel Water Separator 1 0 High Fuel Level Switch, 90% 1 0 Low Fuel Level Switch, 40% 1 0 Mechanical Fuel Gauge 1 0 5 Gallon Lockable Spill Containment Fuel Fill Box 1 0 Fuel Tank Vent Extension Kit, 12ft External Vents 1 0 Fuel Tank, Over Fill Protection Valve, 95% 1 0 Switch-Fuel Tank, Rupture Basin 1 0 Control Mounting-Left Facing 1 0 PowerCommand 2.3 Controller 1 0 Gauge-Oil Pressure 1 0 Stop Switch-Emergency 1 0 Relays-Auxiliary, Qty 2, 25A-15V DC/10A-30V DC 1 0 Signals-Auxiliary, 8 Inputs/8 Outputs 1 0 Control Display Language-English 1 0 Load Connection-Single 1 0 Circuit Breaker, Location A, 225A, 3P, 600 Volts AC, 80%, UL 1 0 IBC Seismic Certification 1 0 Bottom Entry, Right 1 0 Engine Governor-Electronic, Isochronous 1 0 Engine Starter-12 Volt DC Motor 1 0 Engine Air Cleaner-Normal Duty 1 0 Battery Charging Alternator 1 0 Battery Charger-6 Amp, Regulated 1 0 Shutdown-Low Coolant Level 1 0 Extension-Coolant Drain 1 0 Engine Cooling-Radiator, High Ambient Air Temperature, Ship Fitted 1 0 Engine Coolant-50% Antifreeze, 50% Water Mixture 1 0 Exciter/Regulator-Permanent Magnet Generator, 3 Phase Sensor 1 0 Coolant Heater, Extreme Cold Ambient 1 0 Voltage-277/480, 3 Phase, Wye, 4 Wire 1 0 Engine Oil Heater-120 Volts AC, Single Phase 1 0 Engine Oil 1 0 Genset Warranty-2 Years Base 1 0 Alternator-60Hz, Reconnect, Full Output, 120C, 40C Ambient, Increased Motor Starting (IMS) 1 0 Literature-English 1 0 Packing-Skid, Poly Bag 1 0 Battery Rack 1 0 Extension-Oil Drain 1 0 Green Sound Level 2 Intake Baffle-Ship Loose 1 0 Ship Loose-Vent Kit A 1 Project: City of Bremerton, Well 6R Quotation: Q-130342-20220728-1345 Quotation: Q-130342-20220728-1345 Page 2 of 8 0 Aluminum Sound Attenuated Level 2 Enclosure, with Exhaust System 1 0 Enclosure Color-Green, Aluminum 1 0 Enclosure-Wind Load 180 MPH, ASCE7-10 1 0 Skidbase-Housing Ready 1 2 OTECB, OTEC Transfer Switch-Electronic Control: 225A 1 0 OTEC225, Transfer Switch, PowerCommand, 225 Amp 1 0 Relay-Elevator Signal 1 0 Listing-UL 1008/CSA Certification 1 0 IBC Seismic Certification 1 0 Application-Utility to Genset 1 0 Transfer Switch Warranty-2 Year Comprehensive 1 0 Cabinet-Type 3R 1 0 Poles-3 (Solid Neutral) 1 0 Frequency-60 Hz 1 0 System-3 Phase, 3 or 4 Wire 1 0 Voltage-480 Volts AC 1 0 Genset Starting Battery-12V DC 1 0 PC40 Control 1 0 Aux Relay-Emergency Position-12 Volts DC 1 0 Aux Relay-Normal Position-12 Volts DC 1 3 Kit, FUEL SYSTEM 1 4 KIT, ENCLOSURE (SL2 Duct) 1 5 Delivery to site, off-loading by others 1 6 Generator starting batteries, Group 34 2 7 Start up and equipment testing, 2 hour load bank test. Customer training same day. 1 TOTAL: $ 59,310.00 Quote value does not include any tax. EXCEPTIONS AND CLARIFICATIONS: No specifications or electrical drawings provided or reviewed for this proposal. Terms and conditions of GSA agreed upon between City of Bremerton, Public Works & Utilities and Cummins Inc. apply. COVID 19 SUPPLEMENTAL STATEMENT AS A RESULT OF THE OUTBREAK OF THE DISEASE COVID-19 ARISING FROM THE NOVEL CORONAVIRUS, TEMPORARY DELAYS IN DELIVERY, LABOUR OR SERVICES FROM CUMMINS AND ITS SUB-SUPPLIERS OR SUBCONTRACTORS MAY OCCUR. AMONG OTHER FACTORS, CUMMINS' DELIVERY OBLIGATIONS ARE SUBJECT TO CORRECT AND PUNCTUAL SUPPLY FROM OUR SUB-SUPPLIERS OR SUBCONTRACTORS, AND CUMMINS RESERVES THE RIGHT TO MAKE PARTIAL DELIVERIES OR MODIFY ITS LABOUR OR SERVICE. WHILE CUMMINS SHALL MAKE EVERY COMMERCIALLY REASONABLE EFFORT TO MEET THE DELIVERY, SERVICE OR COMPLETION OBLIGATIONS SET FORTH HEREIN, SUCH DATES ARE SUBJECT TO CHANGE. INTERNATIONAL BUILDING CODE (IBC) CERTIFICATION The products in this quotation identified as meeting the requirements of the 2009 IBC have been certified by their respective manufactures via a combination of analytical testing and shaker table testing. Not all products have been shaker table tested. OFFICE OF STATEWIDE HEALTH PLANNING AND DEVELOPMENT (OSHPD) OSHPD seismic requirements are continuing to evolve. Please contact Cummins for the most current requirements for meeting OSHPD applications. SELECTIVE COORDINATION FOR NATIONAL ELECTRIC CODE (NEC) ARTICLE 700 AND 701 LOADS Cummins generators are equipped with the manufacturer's recommended circuit breaker. Information regarding this device can be supplied upon request. This quotation is not valid if any changes to this circuit breaker(s) is required to coordinate with other devices in the electrical distribution system. If changes are required, the customer must provide a copy of the coordination study listing the manufacturers part number of the disconnect device to be supplied with the generator and a revised quotation will be issued. TRANSFER SWITCH WITHSTAND AND CLOSE RATINGS Project: City of Bremerton, Well 6R Quotation: Q-130342-20220728-1345 Quotation: Q-130342-20220728-1345 Page 3 of 8 Transfer switch(es), if included in this quotation, require a withstand and closing rating (WCR) capable of meeting the available upstream fault current (kAIC). The WCR may be based on a specific breaker rating or a time-based rating, and it is the responsibility of a qualified facility designer or engineer to verify compatibility. In the event that the proposed transfer switch(es) are not compatible, the transfer switch(es) will need to be re-quoted to ensure compatibility. A full listing of the WCR can be provided upon request and will be included as part of the submittal package. CUMMINS STANDARD EXCLUSIONS Exhaust System All off-engine piping, hangers, flanges, gaskets, bolts, insulation, other materials and labor to install. Fuel System All fuel piping and materials not limited to; supply, return, venting, valves, coolers, filters, pumps, fittings, primary fuel regulator, storage tank & senders, external to genset package. All fuel for testing and initial fill. Fuel tank vent extensions and flame arrestors unless specifically listed in the Bill of Materials. Cooling System Intake louvers, exhaust louvers, air dampers, sheet metal ducting, flex adapters, sound attenuators/baffles. All off engine piping, flexible connections, labor and coolant for remote cooling systems. Electrical All off-engine wiring, field terminations of wiring, and lugs other than those detailed in our submittal. Mounting Mounting bolts and anchors. Vibration isolators (if included) may be shipped loose for installation at the jobsite by others. Seismic engineering calculations. Electrical Testing Not limited to International Electrical Testing Association (NETA), infrared scanning, harmonic content or other independent agency testing of switchgear, switchboards, protective relays, circuit breaker, electrical coordination studies, arc flash studies and reactive load site testing. Environmental Testing Environmental Protection Agency (EPA), local air quality district or other Authority Having Jurisdiction (AHJ), including acoustical. Programming All protective relay settings, breaker settings, PLC programming or other user configurable device programming. Documentation Electronic submittals and operation and maintenance manuals will be provided. Printed copies are available upon request, additional charges may apply. Miscellaneous Site specific labeling. Exhaust backpressure, airflow restriction or vibration analysis Design Cummins is not responsible for system design or engineering and does not guarantee system performance standards. Cummins will supply documentation and reasonable assistance to others responsible for system engineering, design and performance. Taxes and Permit Any applicable sales tax, permits, fees, licenses. Bonds Any bid bond, payment or performance bond or other type of bond. All items listed above are excluded and will only be supplied by Cummins if agreed upon, in writing, by a sales representative for Cummins. NOTES: Optional Deduct: Level 1 enclosure (78 dBA at 23') in place of level 2 enclosure (72 dBA at 23'): $700.00 LEAD TIME: Submittal Typical submittal lead time is 3 - 4 weeks after receipt of purchase order. Equipment Current lead-time is 70 - 72 weeks after submittal approval and release for production. Please feel free to contact me if you require any additional information; or if you have any further questions or concerns that I may be of assistance with. Thank you for choosing Cummins. Project: City of Bremerton, Well 6R Quotation: Q-130342-20220728-1345 Quotation: Q-130342-20220728-1345 Page 4 of 8 Submitted by: Zach Schulte, Territory Manager zach.t.schulte@cummins.com (206) 794-9801 SUBMITTALS. An order for the equipment covered by this quotation will be accepted on a hold for release basis. Your order will not be released and scheduled for production until written approval to proceed is received in our office. Such submittal approval shall constitute acceptance of the terms and conditions of this quotation unless the parties otherwise agree in writing. Project: City of Bremerton, Well 8 Quotation: Q-130352-20220728-1416 Quotation: Q-130352-20220728-1416 Page 1 of 8 July 28, 2022 Prepared by Zach Schulte (206) 794-9801 zach.t.schulte@cummins.com We are pleased to provide you this quotation based on your inquiry. Item Description Qty 1 C60D6C Diesel Genset, 60Hz, 60kW 1 0 U.S. EPA, Stationary Emergency Application 1 0 C60D6C, Diesel Genset, 60Hz, 60kW 1 0 Duty Rating-Standby Power (ESP) 1 0 Fuel Tank-Regional, Dual Wall, Sub Base, 24 Hour Minimum 1 0 Listing-UL 2200 1 0 NFPA 110 Type 10 Level 1 Capable 1 0 High Fuel Level Alarm Panel 1 0 Fuel Water Separator 1 0 High Fuel Level Switch, 90% 1 0 Low Fuel Level Switch, 40% 1 0 Mechanical Fuel Gauge 1 0 5 Gallon Lockable Spill Containment Fuel Fill Box 1 0 Fuel Tank Vent Extension Kit, 12ft External Vents 1 0 Fuel Tank, Over Fill Protection Valve, 95% 1 0 Switch-Fuel Tank, Rupture Basin 1 0 Control Mounting-Left Facing 1 0 PowerCommand 2.3 Controller 1 0 Gauge-Oil Pressure 1 0 AmpSentryTM UL Listed Protective Relay 1 0 Stop Switch-Emergency 1 0 Relays-Auxiliary, Qty 2, 25A-15V DC/10A-30V DC 1 0 Signals-Auxiliary, 8 Inputs/8 Outputs 1 0 Control Display Language-English 1 0 Load Connection-Single 1 0 Circuit Breaker, Location A, 100A, 3P, 600 Volts AC, 80%, UL 1 0 Emission Certification, EPA, Tier 3, NSPS CI Stationary Emergency 1 0 IBC Seismic Certification 1 0 Engine Governor-Electronic, Isochronous 1 0 Engine Starter-12 Volt DC Motor 1 0 Engine Air Cleaner-Normal Duty 1 0 Battery Charging Alternator 1 0 Battery Charger-6 Amp, Regulated 1 0 Engine Cooling-Radiator, High Ambient Air Temperature, Ship Fitted 1 0 Shutdown-Low Coolant Level 1 0 Extension-Coolant Drain 1 0 Engine Coolant-50% Antifreeze, 50% Water Mixture 1 0 Coolant Heater, Extreme Cold Ambient 1 0 Voltage-277/480, 3 Phase, Wye, 4 Wire 1 0 Engine Oil Heater-120 Volts AC, Single Phase 1 0 Engine Oil 1 0 Genset Warranty-2 Years Base 1 0 Alternator-60Hz, Reconnect, Full Output, 105C, 40C Ambient, Increased Motor Starting (IMS) 1 0 Literature-English 1 0 Packing-Skid, Poly Bag 1 0 Larger Battery Rack 1 0 Extension-Oil Drain 1 0 Green Sound Level 2 Intake Baffle-Ship Loose 1 Project: City of Bremerton, Well 8 Quotation: Q-130352-20220728-1416 Quotation: Q-130352-20220728-1416 Page 2 of 8 0 Ship Loose-Vent Kit A 1 0 Exciter/Regulator-Permanent Magnet Generator, 3 Phase Sensor 1 0 Aluminum Sound Attenuated Level 2 Enclosure, with Exhaust System 1 0 Enclosure Color-Green, Aluminum 1 0 Enclosure-Wind Load 180 MPH, ASCE7-10 1 0 Skidbase-Housing Ready 1 2 OTECA, OTEC Transfer Switch-Electronic Control: 125A 1 0 OTEC125, Transfer Switch-Electronic Control, 125 Amp 1 0 Relay-Elevator Signal 1 0 Listing-UL 1008/CSA Certification 1 0 IBC Seismic Certification 1 0 Application-Utility to Genset 1 0 Transfer Switch Warranty-2 Year Comprehensive 1 0 Cabinet-Type 3R 1 0 Poles-3 (Solid Neutral) 1 0 Frequency-60 Hz 1 0 System-3 Phase, 3 or 4 Wire 1 0 Voltage-480 Volts AC 1 0 Genset Starting Battery-12V DC 1 0 PC40 Control 1 0 Aux Relay-Emergency Position-12 Volts DC 1 0 Aux Relay-Normal Position-12 Volts DC 1 3 Fuel Tank, Extension Kit-1 Normal, 2 Emergency, 12ft 1 4 Sound Level2 Baffle, Shipped Loose 1 5 Delivery to site, off-loading by others 1 6 Generator starting battery, Group 34 1 7 Start up and equipment testing, 2 hour load bank test. Customer training same day. 1 TOTAL: $ 45,624.00 Quote value does not include any tax. EXCEPTIONS AND CLARIFICATIONS: No specifications or electrical drawings provided or reviewed for this proposal. Terms and conditions of GSA agreed upon between City of Bremerton, Public Works & Utilities and Cummins Inc. apply. COVID 19 SUPPLEMENTAL STATEMENT AS A RESULT OF THE OUTBREAK OF THE DISEASE COVID-19 ARISING FROM THE NOVEL CORONAVIRUS, TEMPORARY DELAYS IN DELIVERY, LABOUR OR SERVICES FROM CUMMINS AND ITS SUB-SUPPLIERS OR SUBCONTRACTORS MAY OCCUR. AMONG OTHER FACTORS, CUMMINS' DELIVERY OBLIGATIONS ARE SUBJECT TO CORRECT AND PUNCTUAL SUPPLY FROM OUR SUB-SUPPLIERS OR SUBCONTRACTORS, AND CUMMINS RESERVES THE RIGHT TO MAKE PARTIAL DELIVERIES OR MODIFY ITS LABOUR OR SERVICE. WHILE CUMMINS SHALL MAKE EVERY COMMERCIALLY REASONABLE EFFORT TO MEET THE DELIVERY, SERVICE OR COMPLETION OBLIGATIONS SET FORTH HEREIN, SUCH DATES ARE SUBJECT TO CHANGE. INTERNATIONAL BUILDING CODE (IBC) CERTIFICATION The products in this quotation identified as meeting the requirements of the 2009 IBC have been certified by their respective manufactures via a combination of analytical testing and shaker table testing. Not all products have been shaker table tested. OFFICE OF STATEWIDE HEALTH PLANNING AND DEVELOPMENT (OSHPD) OSHPD seismic requirements are continuing to evolve. Please contact Cummins for the most current requirements for meeting OSHPD applications. SELECTIVE COORDINATION FOR NATIONAL ELECTRIC CODE (NEC) ARTICLE 700 AND 701 LOADS Cummins generators are equipped with the manufacturer's recommended circuit breaker. Information regarding this device can be supplied upon request. This quotation is not valid if any changes to this circuit breaker(s) is required to coordinate with other devices in the electrical distribution system. If changes are required, the customer must provide a copy of the coordination study listing the manufacturers part number of the disconnect device to be supplied with the generator and a revised quotation will be issued. Project: City of Bremerton, Well 8 Quotation: Q-130352-20220728-1416 Quotation: Q-130352-20220728-1416 Page 3 of 8 TRANSFER SWITCH WITHSTAND AND CLOSE RATINGS Transfer switch(es), if included in this quotation, require a withstand and closing rating (WCR) capable of meeting the available upstream fault current (kAIC). The WCR may be based on a specific breaker rating or a time-based rating, and it is the responsibility of a qualified facility designer or engineer to verify compatibility. In the event that the proposed transfer switch(es) are not compatible, the transfer switch(es) will need to be re-quoted to ensure compatibility. A full listing of the WCR can be provided upon request and will be included as part of the submittal package. CUMMINS STANDARD EXCLUSIONS Exhaust System All off-engine piping, hangers, flanges, gaskets, bolts, insulation, other materials and labor to install. Fuel System All fuel piping and materials not limited to; supply, return, venting, valves, coolers, filters, pumps, fittings, primary fuel regulator, storage tank & senders, external to genset package. All fuel for testing and initial fill. Fuel tank vent extensions and flame arrestors unless specifically listed in the Bill of Materials. Cooling System Intake louvers, exhaust louvers, air dampers, sheet metal ducting, flex adapters, sound attenuators/baffles. All off engine piping, flexible connections, labor and coolant for remote cooling systems. Electrical All off-engine wiring, field terminations of wiring, and lugs other than those detailed in our submittal. Mounting Mounting bolts and anchors. Vibration isolators (if included) may be shipped loose for installation at the jobsite by others. Seismic engineering calculations. Electrical Testing Not limited to International Electrical Testing Association (NETA), infrared scanning, harmonic content or other independent agency testing of switchgear, switchboards, protective relays, circuit breaker, electrical coordination studies, arc flash studies and reactive load site testing. Environmental Testing Environmental Protection Agency (EPA), local air quality district or other Authority Having Jurisdiction (AHJ), including acoustical. Programming All protective relay settings, breaker settings, PLC programming or other user configurable device programming. Documentation Electronic submittals and operation and maintenance manuals will be provided. Printed copies are available upon request, additional charges may apply. Miscellaneous Site specific labeling. Exhaust backpressure, airflow restriction or vibration analysis Design Cummins is not responsible for system design or engineering and does not guarantee system performance standards. Cummins will supply documentation and reasonable assistance to others responsible for system engineering, design and performance. Taxes and Permit Any applicable sales tax, permits, fees, licenses. Bonds Any bid bond, payment or performance bond or other type of bond. All items listed above are excluded and will only be supplied by Cummins if agreed upon, in writing, by a sales representative for Cummins. NOTES: Optional Deduct: Level 1 enclosure (74.3 dBA at 23') in place of level 2 enclosure (70.5 dBA at 23'): $550.00 LEAD TIME: Submittal Typical submittal lead time is 3 - 4 weeks after receipt of purchase order. Equipment Current lead-time is 70 - 72 weeks after submittal approval and release for production. Please feel free to contact me if you require any additional information; or if you have any further questions or concerns that I may be of assistance with. Thank you for choosing Cummins. Project: City of Bremerton, Well 8 Quotation: Q-130352-20220728-1416 Quotation: Q-130352-20220728-1416 Page 4 of 8 Submitted by: Zach Schulte, Territory Manager zach.t.schulte@cummins.com (206) 794-9801 SUBMITTALS. An order for the equipment covered by this quotation will be accepted on a hold for release basis. Your order will not be released and scheduled for production until written approval to proceed is received in our office. Such submittal approval shall constitute acceptance of the terms and conditions of this quotation unless the parties otherwise agree in writing. Public Works and Utilities Department 100 Oyster Bay Ave. N. • Bremerton, WA 98312 • (360) 473-5920 • FAX (360) 473-5360  Page 1 VENDOR NAME August 3, 2022 DATE: August 3, 2022 TO: Procurement File FROM: Cami Apfelbeck, Water Utility Manager Eric Burris, Wastewater Utility Manager SUBJECT: Sole Source Determination In accordance with Bremerton Municipal Code 2.76.090, Sole Source Purchases, the purpose of this memorandum is to document the necessity of sole source procurement methodology for the purchase of Cummins generators and generator services. Reasoning (check all supporting options below): ☒ Compatibility to existing City standard or to existing equipment, inventory, systems, data, programs or service. (Attach the business case for the standard and attach a copy of the standard if it is written). ☐ Licensed or patented product with only one dealer. (Include a statement explaining why this particular licensed or patented product the only one suitable for your purpose) ☐ Authorized service provider, repair and/or warranty services. The City requires service or repair support for products or equipment owned by the City, and the vendor is either a factory authorized warranty service provider or that particular vendor is required for warranty services according to the conditions of a current City contract. ☐ Unique design: Requires unique features that are essential aesthetic requirements, or not practical to match to existing design or equipment, such as artwork. Describe. ☐ Special bargain: This might include a surplus item, an auction sale, used equipment, returned “open box” purchase, or other similar one-time bargains. Describe. ☐ Delivery date: Only one supplier can meet required delivery date. Explain why this delivery date is essential. This can only be used in limited circumstances, for delivery deadlines that are the result of an unanticipated situation, and not a circumstance that could have been reasonably anticipated or averted by advance City planning. ☐ Project or research continuity: Product, systems, services or data must comply with an ongoing project, research, data, testing or analysis without a compromise in the integrity of the project. Also, this should be a situation that cannot be replicated by another company because there is a Public Works and Utilities Department 100 Oyster Bay Ave. N. • Bremerton, WA 98312 • (360) 473-5920 • FAX (360) 473-5360  Page 2 VENDOR NAME August 3, 2022 legal or physical obstruction to disclosing the project information to allow another company the opportunity to replicate. Examples include situations where a company has legal and/or proprietary rights to customization such as software code, or to data; or testing or data is collected through a unique measuring instrument that cannot be accurately duplicated and offered by another vendor. ☐ Requirement by funding source: Lender, grantor (such as federal government) or other provider of funds requires the specific product, service or system. Attach a copy of the document that clearly shows such a requirement is imposed by the funding source. ☐ Legal monopoly: Only one supplier, such as electricity, water, or sewage. ☐ Trial and evaluation projects: A limited duration, limited scope pilot, trial or evaluation of a product, range of products or services. A trial or evaluation project would typically be part of establishing a standard for a City department, or to pilot a particular product or services for a City need. Describe the pilot, specify the scope of the pilot, and attach information to confirm that the pilot is part of a purposeful department pilot initiative. ☐ Other. Describe. Why is this the only company that can provide the sole source product or service? The reference section reference section explains why a particular product, manufacturer or service is necessary. The section below discusses why the company you request is the only available company. Cost/Quote support: See attached quotes and service agreements. Our staff believes this is a fair and reasonable price. Therefore, it is my determination that it is in the City’s best interests to purchase Cummins generators and generator services through direct negotiation, pursuant to BMC 2.76.090 and 2.76.010, and that sole source purchase of these Cummins generators and generator services is justified for this procurement. Recommended by: ________________________________ ________________________________ Cami Apfelbeck, Water Utility Manager Eric Burris, WWTP Manager Approved by: ________________________________ Thomas Knuckey, Public Works and Utilities Director Cami Apfelbeck Digitally signed by Cami Apfelbeck Date: 2022.08.03 11:35:35 -07'00' Eric J. Burris Digitally signed by Eric J. Burris Date: 2022.08.03 12:11:49 -07'00' Tom Knuckey Digitally signed by Tom Knuckey Date: 2022.08.03 13:45:52 -07'00' TO: THOMAS KNUCKEY, PUBLIC WORKS AND UTILITIES DIRECTOR FROM: CAMI APFELBECK, WATER UTILITY MANAGER ERIC BURRIS, WASTEWATER TREATMENT PLANT MANAGER DATE: AUGUST 2, 2022 RE: Standardization of Generators and Generator Service for Water and Wastewater Systems BMC 2.76.090 allows for the Public Works and Utilities Director to determine that requests for bids may be waived when equipment involves special facilities or services, and a bid would not be in the City’s best interests but rather a purchase may be best established by direct negotiation. A power outage caused by extreme weather such as wind and ice and other circumstances is the most common emergency faced by the Bremerton drinking water and wastewater treatment systems. It is critical that these systems continue to provide service, particularly in emergencies. Highly dependable backup power supplies are critical. The Water Utility developed an emergency power plan to identify critical facilities in need of on-site backup power to ensure a reliable supply of water during emergencies. In the 1990’s, the utility purchased generators from multiple manufacturers, first Generac, then Kohler. However, since 2000, the utility switched to Cummins (Onan) generators, due to their superior performance and dependability. The utility has eight (8) backup generators installed so far and intends to install approximately eight (8) more to complete emergency power plan implementation by 2024. The Wastewater Utility currently has 23 stationary emergency generators and three portable units. The newer units are Cummins, with the remainder being a mix of Kohler, Cummins, Caterpillar, Olympian, etc. The wastewater utility plans to install another six (6) generators over the next six years. Reason for standardizing to Cummins generators: Generator manufacturers use proprietary software to interface with generator controls in order to troubleshoot, repair and perform maintenance. If the Water Utility and WWTP must utilize the bid process and accept lowest bid, this may result in multiple brands of generators requiring multiple service contracts to conduct annual testing and maintenance and on-call troubleshooting. This would result in disparate testing and maintenance schedules, higher costs and less than ideal dependability and customer service, particularly if needed during an emergency. Reason for standardizing to Cummins generator services: Cummins is the only provider of testing, maintenance, and on-call troubleshooting services that is able to service all of the Water and Wastewater Utility’s generators, including the Generac and Kohler. As such, the City has a long history of working with Cummins who has proven itself to be highly dependable and a superior customer service entity. Further, standardization on Cummins generator services results in reduced costs as we are purchasing “in bulk” and all annual maintenance is accomplished at the same time, causing less disruption of work and redirection of staff resources. For the reasons above we recommend standardization of both Cummins generators and Cummins generator services for Bremerton’s drinking water and wastewater utilities. Approved: _________________________________________________________ Thomas Knuckey, Public Works and Utilities Director Cami Apfelbeck Digitally signed by Cami Apfelbeck Date: 2022.08.03 11:13:24 -07'00' Eric J. Burris Digitally signed by Eric J. Burris Date: 2022.08.03 12:12:53 -07'00' Tom Knuckey Digitally signed by Tom Knuckey Date: 2022.08.03 13:48:06 -07'00' AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: September 28, 2022 Confirm Reappointment of Joan Hanten to the Bremerton Housing Authority Board COUNCIL MEETING Date: October 5, 2022 Department: Executive Presenter: Mayor Wheeler Phone: (360) 473-5266 SUMMARY: The Mayor is seeking confirmation of the reappointment of Joan Hanten to the Bremerton Housing Authority Board of Commissioners. The term will expire on November 27, 2027. ATTACHMENTS: Application available in the Mayor’s Office 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 confirm the reappointment of Joan Hanten to the Bremerton Housing Authority Board of Commissioners with a term expiring November 27, 2027. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 3F From: Susan Brooks-Young <sjbrooksyoung@gmail.com> Sent: Tuesday, October 4, 2022 12:19 PM To: City Council <City.Council@ci.bremerton.wa.us>; Susan Brooks-Young <sjbrooksyoung@gmail.com> Subject: Comments regarding preliminary denial of accreditation: St. Michael Medical Center Good afternoon members of the council and Mayor Wheeler, I had hoped to make the following statement tomorrow evening during the public comment portion of the council meeting. Unfortunately, I have a scheduling conflict so I am sending this email instead. The number of residents of Bremerton specifically and Kitsap County at large who are voicing apprehension about our only hospital has been growing - particularly over the last few years. There are many legitimate concerns regarding practices related to charity care, patient billing, denial of medical services, refusal to divert ambulances when the ED is overwhelmed, dangerous staffing levels, patients languishing in the ED for days prior to being moved to a hospital bed on a floor, complete lack of transparency during the initial COVID outbreak in the hospital, imposition of Catholic doctrine on patients and providers of all faiths, and much more. Now the hospital has, at least temporarily, lost its accreditation. Despite efforts by Chad Melton, St. Michael Medical Center’s President, to downplay this, a preliminary denial of accreditation is an extremely rare and serious event (Investigation: Joint Commission rarely revokes accreditation from hospitals that put patients at risk). Of course, I want to see St. Michael correct whatever it was that caused the Joint Commission to deny accreditation in the first place, but that’s just the beginning. I also want to see local elected officials do everything in their power to help this county expand its residents’ access to affordable, comprehensive, equitable healthcare that does not rely primarily on one system to provide that care. Perhaps it’s time to take a serious look at forming a Public Hospital District in Kitsap County. Best regards, Susan Young Bremerton 4A