HomeMy WebLinkAbout01/25/2023 STUDY SESSION AGENDA PACKET______________________________________________________________
CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 Phone (360) 473-5280
WEDNESDAY, JANUARY 25, 2023
CITY COUNCIL STUDY SESSION AGENDA
Starting at 5:00 PM in the First Floor Meeting Chambers
The First Floor Meeting Chambers will be open to the public to attend the Study Session in-person,
but there will be no opportunities for input. Public questions or comments may be submitted at any
time to City.Council@ci.bremerton.wa.us. Please remember that the content of the Agenda Bill
items is subject to change; and no action is anticipated. All Agenda Bill items approved by the
Council will be placed on the February 1, 2023 City Council Meeting Agenda, or as indicated…
A. BRIEFINGS ON AGENDA BILL ITEMS
1. Professional Services Agreement with Parametrix, Inc. for the Design of the Francis Street
Outfall Improvements Project
2. Contract Modification Agreement No. 3 with Herrera Environmental Consultants for the Pine
Road Stormwater Improvements Project
3. Approve Contract Modification No. 02 to Goods & Services Agreement with At Work
Commercial Enterprises, LLC for Landscaping Maintenance & Services
4. Acceptance of Washington State Department of Commerce Local & Community Projects
Program Grant for the Bremerton Library HVAC Replacement Project
5. Public Works Agreement with Utter Associates, Inc for Audio Visual Equipment Design and
Install at Bremerton Municipal Court
6. Set Annual Compensation for the Bremerton Municipal Court Judge effective July 1, 2022
7. Amendment No. 2 to the Interlocal Agreement between the Transportation Benefit District of
Bremerton and the WA State Department of Licensing
B. GENERAL COUNCIL BUSINESS (Newly elected Chairs have been updated)
o Public Works Committee Briefing (Last Meeting 1/17/23) – Chair Anna Mockler
o Audit Committee Briefing (Last Meeting 1/23/23) – Chair Anna Mockler
o Finance, Investment, & Parking Committee Briefing (Last Meeting 1/24/23) – Chair Jennifer
Chamberlin
o Discussion on “Council Rules & Procedures” (Last updated by Resolution No. 3349 on
5/18/2022) – Council President Coughlin
o “Joint Planning Session” Update (Scheduled on 1/28/2023) – Council President Coughlin
o Other General Council Business (As necessary, and as time allows…)
C. ADJOURNMENT OF STUDY SESSION
Americans with Disabilities Act accommodations provided upon request. Those requiring special accommodations
should contact the City Clerk’s Office at (360) 473-5323 at least 24 hours prior to the meeting.
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: January 25,2022
Professional Services Agreement with
Parametrix, Inc. for the Design of the Francis
Street Outfall Improvements Project
COUNCIL MEETING Date: February 1, 2022
Department: PW&U - Engineering
Presenter: Gunnar Fridriksson
Phone: (360) 473-5758
SUMMARY: The existing stormwater outfall to Kitsap Lake at Francis Street has seen increased
flows from the recent improvements built with the Kitsap Lake Safe Routes to Schools (SRTS)
project. It has been determined that the existing line and outfall is under capacity with this increased
flow. Work to address this situation was outside of the original scope of the federally funded SRTS
project, necessitating it to be delivered as a separate project. With Parametrix Inc. being the design
consultant for the SRTS project, familiar with the site, and having completed the storm drainage
analysis and majority of the survey work needed - staff recommends retaining Parametrix to
complete this work.
Parametrix Inc. will prepare permits, plans, specifications and estimates for construction of a solution.
The contract was negotiated in the amount of $101,532 and includes support during bidding and
construction.
ATTACHMENTS: 1. Professional Services Agreement with Parametrix, Inc. 2. Vicinity map
FISCAL IMPACTS (Include Budgeted Amount): The Francis Street Outfall Replacement Project is
identified in the 6-year stormwater CIP.
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 for design of the Francis Street Outfall
Improvements Project in the amount of $101,532, 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
A1
Page 1 of 7
Bremerton/Parametrix, Inc.
Francis Street Outfall City Project # 878
December 2022
PROFESSIONAL SERVICES AGREEMENT
Francis Street Outfall City Project # 878
The City of Bremerton (“City”) and Parametrix, Inc (“Consultant”), referred to collectively
as the “Parties,” enter into the following Agreement for professional services:
I. Scope: The Consultant agrees to perform the services more specifically described in the
Scope of Work, dated December 2022 including any attachments thereto, attached hereto as
Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only
pursuant to Section VII.H of this Agreement. If the Scope of Work provides for unspecified
additional services such services shall only be performed upon the express written request of the
City. Consultant further represents that the services furnished under this Agreement will be
performed in accordance with generally accepted professional practices in effect at the time such
services are performed.
II. Term: The City and the Consultant agree that work will begin on the tasks described in
Exhibit A immediately upon execution of this Agreement. The parties agree that the work
described in Exhibit A is to be completed as provided for in the work schedule attached hereto as
Exhibit B; provided however, that additional time shall be granted by the City for excusable delays
or extra work as provided for in Section IX.A of this agreement.
III. Compensation: In consideration of the services provided pursuant to this Agreement, the
City shall pay Consultant in an amount not to exceed $ 101,532.00. Consultant’s charges and bills
shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this
reference.
The Consultant shall submit regular billing statements detailing work performed and
amount charged on each task or portion thereof. The descriptions shall conform to and fall within
the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming
billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City
reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time
frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as
delineated in Exhibit C.
Consultant shall not perform work beyond the Scope of Work, nor shall be compensated
for such work, unless the Scope of Work or amount of compensation is modified pursuant to this
Agreement. Consultant shall only be compensated for additional services if requested pursuant to
Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit
C.
If a billing statement does not conform to this Agreement, the City may withhold payment
until the statement is brought into compliance. Such withholding does not relieve Consultant of
its obligations under this Agreement.
IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed
in the Scope of Work and is performing independent functions and responsibilities within its field
Page 2 of 7
Bremerton/Parametrix, Inc.
Francis Street Outfall City Project # 878
December 2022
of expertise. Consultant and its personnel are independent Consultants and not employees of the
City. Consultant and its personnel have no authority to bind the City or to control the City’s
employees and other Consultants. None of the benefits provided by the City to its employees,
including, but not limited to, compensation, insurance, and unemployment insurance are available
from the City to the employees, agents, representatives, or sub-consultants of the Consultant.
Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents,
employees, representatives and sub-consultants during the performance of this Agreement. The
City may, during the term of this Agreement, engage other independent Consultants to perform
the same or similar work.
As an independent Consultant, Consultant is responsible for its own management. The
City’s administration and enforcement of this Agreement shall not be deemed an exercise of
managerial control over Consultant or its personnel.
As an independent Consultant, Consultant is responsible for payment of all taxes and
licensing fees necessary to perform its obligations under this Agreement. These taxes and fees
include but are not limited to State industrial insurance, Business & Occupation, State professional
licensing, and City business licensing. If any taxes or fees due the City have been declared
delinquent, the City may withhold the delinquent amount, plus any additional charges arising from
the delinquency, from any payments due Consultant.
V. Indemnification:
A. Consultant shall defend, indemnify and hold the City, its officers, officials,
employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the
performance of this Agreement except for that portion of the injuries and damages caused by the
City’s sole negligence, unless Consultant is conducting work pursuant to Subsection B below.
The City's review or acceptance of any of the work when completed shall not be grounds
to avoid any of these covenants of indemnification.
B. Architects, Engineers and Any Other Professional Listed In and Performing
Services Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that
Consultant’s services provided pursuant to this Agreement is subject to RCW 4.24.115, then, in
the event of liability for damages arising out of bodily injury to persons or damages to property
caused by or resulting from the concurrent negligence of the Consultant and the City, its officers,
officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to
the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER
OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE
PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE
THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
Page 3 of 7
Bremerton/Parametrix, Inc.
Francis Street Outfall City Project # 878
December 2022
The provisions of this section shall survive the expiration or termination of this Agreement.
VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Consultant, its agents,
representatives, employees, sub-consultants or sub-contractors.
Before beginning work on the project described in this Agreement, the Consultant shall
provide a Certificate of Insurance evidencing:
1. Automobile Liability insurance with limits no less than $1,000,000 combined
single limit per accident for bodily injury and property damage; and
2. Commercial General Liability insurance written on an occurrence basis with
limits no less than $1,000,000 combined single limit per occurrence and general
aggregate for personal injury, bodily injury and property damage. Coverage shall
include but not be limited to: blanket contractual; products/completed
operations/broad form property damage; explosion, collapse and underground
(XCU) if applicable; and
3. Excess Liability insurance with limits not less than $1,000,000 limit per
occurrence and aggregate; and
4. Professional Liability insurance with limits no less than $1,000,000 limit per
occurrence/claim; and
5. Workers Compensation insurance as statutorily required by the Industrial
Insurance Act of the State of Washington, Title 51, Revised Code of Washington
and employer's liability with limits not less than $1,000,000.
Any payment of deductible or self-insured retention shall be the sole responsibility of the
Consultant.
All required policies shall be provided on an “occurrence” basis except professional
liability insurance (if required), which may be provided on a “claims-made” basis.
The City shall be named as an additional insured on the Commercial General Liability
insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an
endorsement that is acceptable to the City, which names the City as an additional insured shall be
attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of
all the required insurance policies and endorsements. The City further reserves the right to reject
any unacceptable policies and/or endorsements.
The Consultant's Commercial General Liability insurance shall contain a clause stating that
coverage shall apply separately to each insured against whom claim is made or suit is brought,
except with respects to the limits of the insurer's liability.
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
Page 4 of 7
Bremerton/Parametrix, Inc.
Francis Street Outfall City Project # 878
December 2022
obligation upon Consultant to advise the City’s Risk Manager by fax at (360) 473-5161, or by
certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6th
Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or
substantive change of any insurance policy set out herein, and failure to do so shall be construed
to be a breach of this Agreement.
The City also reserves its unqualified right to require at any time and for any reason, proof
of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence
of coverage.
In the event that the Consultant employs other consultants or contractors (sub-consultants
or sub-contractors) as part of the work covered by this Agreement, it shall be the Consultant’s
responsibility to require and confirm that each sub-consultant or sub-contractor meets the
minimum insurance requirements specified above. The Consultant shall, upon demand of the City,
deliver to the City copies of such policy or policies of insurance and the receipts for payment of
premiums thereon.
VII. General Conditions:
A. Reports and Information: When requested by the City, Consultant shall furnish
periodic reports and documents on matters covered by this Agreement. The reports and documents
shall be furnished in the time and form requested. Consultant shall maintain accounting records
in accordance with Generally Accepted Accounting Principles (“GAAP”) to substantiate all billed
amounts.
B. Ownership and Use of Records and Documents: Original documents, drawings,
designs and reports, including those in electronic format, developed under this Agreement are the
property of the City. All written information submitted by the City to the Consultant in connection
with the services performed by the Consultant under this Agreement will be safeguarded by the
Consultant to at least the same extent as the Consultant safeguards like information relating to its
own business. If such information is publicly available or is already in Consultant's possession or
known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no
responsibility for its disclosure, inadvertent or otherwise.
All data, documents and files created by Consultant under this Agreement may be stored
at Consultant's office in Bremerton, Washington. Consultant shall make such data, documents,
and files available to the City upon its request at all reasonable times for the purpose of editing,
modifying and updating as necessary until such time as the City is capable of storing such
information in the City's offices. Duplicate copies of this information shall be provided to the City
upon its request, and at reasonable cost.
All documents, including all reports, drawings, specifications, computer software or other
items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service
with respect to the project and are the property of the City. Any reuse by the City for other than
the specific purpose intended will be at City’s sole risk.
Page 5 of 7
Bremerton/Parametrix, Inc.
Francis Street Outfall City Project # 878
December 2022
C. Use of Photographs and Images. Consultant shall not use or distribute photographs
or images depicting City officials, personnel, property, or equipment whether prepared by
Consultant or provided by City without prior written consent of the City. The City will not
unreasonably withhold its consent.
D. Work Performed at Consultant's Risk: Consultant shall take all precautions
necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in
the performance of the work hereunder and shall utilize all protection necessary for that purpose.
All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss
of or damage to materials, tools, or other articles used or held for use in connection with the work.
E. Place of Work: The Consultant shall perform the work authorized under this
Agreement at its offices in Bremerton, Washington. Meetings with the City staff as described in
Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed
upon by the parties.
F. Entire Agreement: This Agreement and its Exhibits constitutes the entire
agreement between the Parties, and the Parties acknowledge that there are no other agreements,
written or oral, that have not been set forth in the text of this Agreement.
G. Severability: Should any part of this Agreement be found void, the balance of the
Agreement shall remain in full force and effect.
H. Modification: This Agreement may only be modified by written instrument signed
by both Parties.
I. Written Notices: All communications regarding this Agreement shall be sent to the
parties at the addresses listed below by registered or 1st class mail, or by personal service, and
shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement
or such other address as may be hereafter specified in writing.
Notices to be sent to: Notices to be sent to:
CITY: CONSULTANT:
Attn: Gunnar Fridriksson Attn: David Dinkuhn
City of Bremerton Parametrix, Inc.
345 6th Street, Suite 100 60 Washington Ave., Suite 390
Bremerton, WA 98337-1891 Bremerton, WA 98337
J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a
waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be
deemed waiver of any other right or power.
K. Non-Waiver of Breach: The failure of the City to insist upon strict performance of
any of the covenants and agreements contained herein, or to exercise any option herein conferred
Page 6 of 7
Bremerton/Parametrix, Inc.
Francis Street Outfall City Project # 878
December 2022
in one or more instances shall not be construed to be a waiver or relinquishment of said covenants,
agreements or options, and the same shall be and remain in full force and effect.
L. Compliance with Laws: Consultant shall comply with all applicable Federal, State,
and local laws in performing its obligations under this Agreement.
M. Choice of Law and Venue: This Agreement shall be interpreted according to the
laws of the State of Washington. Any judicial action to resolve disputes arising out of this
Agreement shall be brought in Kitsap County Superior Court.
N. Attorneys’ Fees: In the event of litigation to enforce any of the terms or provisions
herein, each party shall pay all its own costs and attorney’s fees.
O. Assignment: Any assignment of this agreement by the Contractor without the
written consent of the City shall be void.
VIII. Equal Employment Opportunity Statement: In the hiring of employees for the
performance of work under this Agreement, the Consultant, its subcontractors, or any person
acting on behalf of Consultant shall not discriminate in any employment practice on the basis of
age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status,
military status, or the presence of any physical, mental or sensory disability.
IX. ADA Statement: The City of Bremerton does not discriminate on the basis of disability
in programs and activities, which it operates pursuant to the requirements of the Americans with
Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment
and admission to participation in the programs, services and activities of the City of
Bremerton. Reasonable accommodation for employees or applicants for employment will be
provided.
X. Termination: This Agreement shall remain in force until completion and acceptance of
the services, terminated by written instrument upon mutual consent, or by the City of Bremerton
for convenience. This Agreement may be immediately terminated for cause by a Party if the other
Party substantially fails to perform through no fault of the terminating Party, and the non-
performing Party does not commence correction of the failure of performance within thirty (30)
days of the terminating Party’s sending notice to the non-performing Party. Any Notice by
Consultant shall include a report showing the status of all items listed in the Scope of Work current
through the termination date.
If the City receives reimbursement by any federal, state, or other source for work described
in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is
cancelled or substantially reduced after the execution date of this Agreement and prior to the
completion of the work, the City may summarily terminate this Agreement.
A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor
shall Consultant be charged with liquidated damages for any delays in the completion of the work
due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials,
Page 7 of 7
Bremerton/Parametrix, Inc.
Francis Street Outfall City Project # 878
December 2022
equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any
acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not
reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond
the control and without the fault or negligence of the Consultant, including, but not restricted to,
acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that
the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause
of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly
excusable, the City shall, in writing, extend the time for completing the work for a period of time
commensurate with the period of excusable delay.
B. Rights Upon Termination: In the event of termination, the City shall pay for all
services performed by the Consultant to the effective date of termination, as described on a final
invoice submitted to the City. After termination, the City may take possession of all records and
data within the Consultant's possession pertaining to this project which may be used by the City
without restriction. Any such use not related to the project which Consultant was contracted to
perform shall be without liability or legal exposure to the Consultant.
XI. Suspension & Debarment. For contracts involving Federal funding, Consultant hereby
certifies, by signing this agreement, that neither it nor its principals are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation
in this transaction by any Federal department or agency. Consultant shall provide immediate
written notice to the City if at any time it learns that it is or has become ineligible for certification.
Should Consultant enter into a covered transaction with another firm, Consultant agrees by signing
this agreement that it will verify that the firm with whom it intends to do business is not debarred,
suspended, ineligible, excluded or disqualified.
IN WITNESS WHEREOF, the parties below have executed this Agreement.
CITY: CONSULTANT:
CITY OF BREMERTON PARAMETRIX, INC
By: By:
Print Name: Greg Wheeler Print Name:
Its: Mayor Its:
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\Professional Services Agreement Rev. 06 2020.docx
233-1896-8BT
A-1 December 2022
City of Bremerton
Francis Street Outfall
Scope of Work
EXHIBIT A – SCOPE OF WORK
City of Bremerton
Francis Street Outfall
INTRODUCTION
The City of Bremerton (City) last year completed construction of the Kitsap Lake Safe Routes to School project.
In design of this project, Parametrix identified that the existing storm outfall located at Francis Street is
undersized. This document describes Parametrix’s proposed scope of work (SOW) for permitting, engineering
design, and construction services for correcting this problem. A schedule is included as Exhibit B and our budget
is attached as Exhibit C. Main elements of this SOW consist of:
•Survey to fill gaps in the existing base map developed for the Kitsap Lake Elementary Safe Routes to School
project
•Flagging ordinary high water and wetlands boundary (if present) for pickup during the survey
•Performing an alternatives analysis (including hydraulics modelling) to determine the preferred new
outfall configuration
•Preparation of project permit applications
•Preparation of Plans, Specifications, and Estimates (PS&E)
•Engineering services during construction
Specific tasks for this SOW are described below.
PHASE 1 – ENGINEERING DESIGN
Task 01 – Project Management and Meetings
Objective
To obtain project data; monitor and manage scope, schedule, and budget; and periodically meet with the City of
Bremerton (City) and other members of the design team to review project status.
Activities
The following activities will be performed:
•Schedule, attend, and document periodic project meetings via conference call.
•Attend one public meeting led by City staff.
•Manage and direct the project technical team.
SCOPE OF WORK (continued)
233-1896-8BT
A-2 December 2022
City of Bremerton
Francis Street Outfall
Scope of Work
•Provide routine project management and communications (scope, schedule, budget, invoicing, etc.).
•Prepare detailed monthly progress reports and progress billings and submit to the City for approval and
payment.
Deliverables
The following deliverables are associated with this task:
•Routine correspondence including monthly progress reports and invoices
Assumptions
The following assumptions apply to this task:
•Periodic project meetings will be attended by the Parametrix project manager (PM)
•The public meeting will be attended by the Parametrix PM. Exhibits to support the public meeting will be
prepared under Task 04 Preliminary Design.
•Project duration will be 25 months (October 2022 through October 2024). Since there maybe several
months with minimal work activities, it is assumed that the activities noted above will require an average
of 1 hour per month for the Parametrix project manager for a total of 20 months.
Task 02 – Permitting
Objective
Assist the City in obtaining the following permits or approvals for the project: Shoreline Substantial Development
permit, Washington State Environmental Policy Act (SEPA) determination, and Hydraulic Project Approval (HPA).
Activities
The following activities will be performed:
•Coordinate and attend a pre-application meeting with City Department of Community Development
(DCD)staff.
•Attend a site walk with Washington Department of Fish and Wildlife (WDFW) and Suquamish Tribe
representatives.
•Conduct desk research and stake wetland and ordinary high water (OHW) boundaries in the field for
pickup by survey crew.
•Prepare and submit applications for permits and approvals.
Deliverables
The following deliverables are associated with this task:
•Shoreline Substantial Development application
•SEPA checklist
•HPA application
SCOPE OF WORK (continued)
233-1896-8BT
A-3 December 2022
City of Bremerton
Francis Street Outfall
Scope of Work
Assumptions
The following assumptions apply to this task:
•Meeting with DCD for the pre-application meeting.
•The new outfall and energy dissipater will be constructed landward of the ordinary high-water line, and no
U.S. Army Corps of Engineers (USACE) permit will be required.
•Drawings such as a site plan to support the permit applications will be prepared under the preliminary
design task (Task 04).
•Since the project is relatively straightforward with little impact, the shoreline permit and HPA will not
require a critical areas report, cultural resources report, habitat mitigation plan, or biological evaluation for
impacts to endangered species.
Task 03 – Alternatives Analysis and Drainage Technical Memorandum
Objective
Conduct an alternatives analysis to support selection of a preferred alternative for the outfall configuration and
prepare a technical memorandum documenting the analysis and recommendation.
Activities
The following activities will be performed:
•Develop and compare two alternatives for the new outfall configuration.
•Prepare an engineer’s opinion of probable cost (EOPC) for each alternative concept.
•Perform hydraulic modelling on each alternative to establish that each is adequate for project
requirements.
•Prepare an alternatives analysis and drainage technical memorandum (TM) meeting City requirements for
local permits. The TM will present the results of the alternatives analysis, a recommendation for a preferred
alternative, and the results of the hydraulic modelling including supporting graphics and modelling output.
Deliverables
Deliverables associated with this task are provided below.
•Conceptual outfall schematics for each alternative
•Ten percent level EOPC for each alternative concept
•Draft and Final Alternatives Analysis and Drainage Technical Memorandum
Assumptions
The following assumptions apply to this task:
SCOPE OF WORK (continued)
233-1896-8BT
A-4 December 2022
City of Bremerton
Francis Street Outfall
Scope of Work
•Design storm flow rates and treatment flow rates will be obtained from hydrologic modelling performed
for the Kitsap Lake Elementary Safe Routes to School project and updated for the ongoing Bremerton SMAP
project, which is scheduled to be complete by May 2023.
•The alternatives will be developed to meet the requirements of City design standards and the Kitsap County
2021 Stormwater Design Manual.
•The alternatives will include consideration of retaining the existing outfall for treated flow discharge and
using a new outfall for overflows.
•Treatment facilities will be included in the design alternatives with costs. Treatment facilities will consist
of treatment BMPs selected and moved forward to 30% design during the concurrent Bremerton SMAP
project.
•The two outfall alternatives will be rendered schematically in an 11x17 format.
•The contributing basin boundary and existing stormwater conveyance network will be provided in GIS
format by the City.
•EOPC will be based on a combination of historical information on recent similar local projects and recent
WSDOT bid tabulations.
•Hydraulic modelling will be performed using AutoCAD Autodesk software.
Task 04 – Preliminary Design (30% Plans and EOPC)
Objective
Prepare 30% engineering plans and EOPC for the selected outfall alternative.
Activities
The following activities will be performed:
•Prepare a pothole plan and stake conflicts. Potholing may be done internally by City forces or contracted
out.
•Prepare color exhibits for public meeting.
•Prepare 30% engineering plans based on the preferred alternative.
•Prepare a 30% EOPC.
Deliverables
Deliverables associated with this task are provided below.
•Pothole Plan (11x17 format)
•Color exhibits for public meeting.
•The proposed plan sheets to be delivered for this task are listed as follows:
Cover with Vicinity Map and Sheet Index 1 sheet
Legend and Abbreviations 1 sheet
SCOPE OF WORK (continued)
233-1896-8BT
A-5 December 2022
City of Bremerton
Francis Street Outfall
Scope of Work
Roadway Plan and Profile 1 sheet at 1 inch = 20 feet scale
Roadway and Drainage Details 1 sheet
4 sheets total
•30% engineer’s opinion of probable cost
Assumptions
The following assumptions apply to this task:
•The Parametrix PM will attend a 30% design review meeting.
•Potholing to determine existing pavement thicknesses and/or locations of existing underground utilities
will be performed by the City with Parametrix providing staking.
•Up to two color exhibits will be prepared for the public meeting in 22”x34” format.
•Paving and utilities sheets will be prepared in plan and profile format at a scale of 1 inch equals 20 feet.
•Cost estimates will be based on a combination of historical information on recent similar local projects,
recent WSDOT bid tabs, and a more detailed analysis for the major components.
Task 05 – Final Design (60%, 90%, and Bid Set PS&E)
Objective
Prepare 60%, 90%, 100%, and Bid Set plans, specifications, and engineer’s opinion of probable cost (PS&E).
Activities
The following activities will be performed:
•Prepare engineering plans at a scale of 1 inch equals 20 feet.
•Prepare an EOPC at each deliverable stage.
•Prepare special provisions and contract documents at each deliverable stage.
•Attend one design review meeting with the City at each deliverable stage.
Deliverables
•Deliverables associated with this task are provided below. The proposed plan sheets to be delivered for this
task are listed as follows:
Cover with Vicinity Map and Sheet Index 1 sheet
General Notes, Legend and Abbreviations 1 sheet
Horizontal Control and Existing Conditions 1 Sheet
Demolition and TESC 1 sheet
Drainage Plan and Profile 1 sheet at 1 inch = 20 feet scale
Roadway and Drainage Details 2 sheets
SCOPE OF WORK (continued)
233-1896-8BT
A-6 December 2022
City of Bremerton
Francis Street Outfall
Scope of Work
Outfall Structural Details 2 sheets
Temporary Traffic Control Plan 1 sheet
10 total sheets
•60%, 90%, 100%, and Bid Set EOPC
•60 %, 90%, 100%, and Bid Set contract documents
•One hard copy and one PDF set of all plans (11-by-17-inch), special provisions, and cost estimates at each
design stage
•AutoCAD and PDF files of all drawings and documents provided digitally.
•Two hard copies of Bid Set Plans on full-sized sheets (sealed by Washington P.E.), special provisions, and
contract documents
Assumptions
The following assumptions apply to this task:
•The total sheet count includes a detail sheet for stormwater treatment vault(s) in the event that treatment
is selected as part of the preferred alternative.
•The Parametrix PM will attend design review meetings in person.
•Restoration materials will be shown on plan and profile sheet.
•Restoration materials will consist of gravel, asphalt pavement, and hydroseed (if needed). A planting plan
will not be provided.
•Special provisions and all drawings will follow WSDOT format.
Task 06 – Survey
Objective
Parametrix will prepare a survey base map suitable for design of the project. The base map will be prepared and
sealed by a professional surveyor licensed to practice in the State of Washington.
Activities
The following activities are associated with this task:
•Establish horizontal control. Set and measure horizontal control necessary for mapping.
•Establish vertical control.
•Complete topographic mapping and survey underground utilities within that portion shown on attached
Figure 1. Utility mapping will include the routing of overhead utilities. Topography shall be surveyed using
methods that will produce a 1-foot contour interval base map. The mapping will include, but will not be
limited to the following above ground features:
Monumentation/property corners
SCOPE OF WORK (continued)
233-1896-8BT
A-7 December 2022
Bathymetry, including the existing concrete boat ramp, using hip waders to map the bottom
topography as far as possible on foot.
Wetland and OHW flags
Curb and gutter including existing curb cuts, curb ramps and driveways
Sidewalks and paths
Rockeries and walls
Steps/stairs
Existing structures and buildings
Pavement edges
Ditches
Fences
Driveways, ramps, and boat ramps
Luminaires
Landscaping
Water meters, valves, hydrants, and irrigation control valves
Measure down to top actuator nut of water valves
Electrical transformers, vaults, poles, and hand-holes
Telecommunication risers, vaults, poles, junction boxes, and hand-holes
Gas valves and meters
Storm drain manhole lids with pipe sizes, shape, invert elevations, and material composition
Catch basin rims with pipe sizes, invert elevations, and material composition
Sanitary sewer manhole lids with pipe sizes, invert elevations, and material composition
Culverts with associated pipe sizes, invert elevations, and material composition
Grade breaks, localized depressions, ditches, ridges, and other surface grades
Street signs
Street trees over 4-inch caliper with size, type, and drip line noted
Channelization
Outline of invasive vegetation
•Compile mapping and boundary information into the existing a 1-inch-equals-20-feet scale base map in
AutoCAD, Civil 3D Version 2022.
Deliverables
The following deliverables are associated with this task:
City of Bremerton
Francis Street Outfall
Scope of Work
SCOPE OF WORK (continued)
233-1896-8BT
A-8 December 2022
City of Bremerton
Francis Street Outfall
Scope of Work
•Updated base map at 1-inch-equals-20-feet scale in AutoCAD, Version 2022 in electronic format.
Assumptions
The following assumptions apply to this task:
•Topographic survey and design will be provided in AutoCAD 2022 and Civil 3D.
•Base map will be developed using Parametrix’s colors, text size/style, and layering conventions.
•ROW and property boundaries calculated during the Kitsap Lake Safe Routes to School project will be
confirmed.
•Surveyed utilities will target known underground utilities identified by the Washington Utility Notification
Center including water, storm sewer, sanitary sewer, communications, and power. A private
underground utility locate firm will not be hired by Parametrix to locate existing utilities.
•TCEs, if needed, will be prepared under a future task.
Task 07 – Engineering Services During Bidding and Construction
Objective
Provide engineering support during the construction phases of the project.
Activities
The following activities are associated with this task:
•Respond to questions during bidding.
•Attend construction meetings as requested.
•Review Contractor’s submittals for compliance with the specifications.
•Respond to applicable Contractor’s Requests for Information (RFIs).
•Attend site walks at the request of the City.
Deliverables
The following deliverables are associated with this task:
•Hard copies and electronic copies of responses to material submittals, cut sheets, and shop drawing
review.
Assumptions
The following assumptions apply to this task:
•Parametrix will attend up to six construction meetings or site walks at an estimated 2 hours each.
•Parametrix will review and respond to a total of twelve submittals at an estimated 1 hour each, and eight
RFIs at an estimated 1 hour each.
SCOPE OF WORK (continued)
233-1896-8BT
A-9 December 2022
City of Bremerton
Francis Street Outfall
Scope of Work
Task MR – Management Reserve
Objective
Work under this task will provide additional technical services as requested and authorized in writing by the City.
These additional services may include, but are not inclusive, of:
•Permitting assistance – cultural resources review, biological review, etc.
•Survey - staking and as-built checking of the constructed facilities
•Changes in design due to differing site conditions
233-1896-8BT
A-10 December 2022
City of Bremerton
Francis Street Outfall
Scope of Work
Schedule
Work Element Completed By
Notice to Proceed February 3, 2023
Survey (6 weeks) March 17, 2023
30% PS&E/Drainage Report/Permit Apps. (8 weeks) May 12, 2023
60% PS&E (8 weeks) July 7, 2023
90% PS&E (8 weeks) September 1, 2023
100% PS&E (6 weeks) October13, 2023
Permits Received (6 months total) November 17, 2023
Bid Set PS&E (6 weeks) November 24, 2023
Advertise for Bid January 15, 2024
Construction August – October 2024
Project Closeout October 31, 2024
NOTE: The assumed turnaround time for City review of deliverables is 2 weeks.
PARAMETRIX EXHIBIT C - BUDGET 12/9/2022
Francis Street Outfall
City of Bremerton
TOTAL TOTAL
PHASE TASK ORG CODE 3.00 Burdened Labor Rate $260.46 $147.84 $390.00 $180.72 $154.35 $182.85 $127.32 $130.53 $132.21 $97.50 $130.20 $100.05 $185.61 $228.24 $116.46 $190.38 HOURS COST
1 1 Project Management and Meetings
Public Meeting including preparation 3 3 $781
Project Management (25 mo., assume 20 months with project work)20 20 20 60 $9,803
Subtotal 20 20 20 60 $10,585
1 2 Permitting
Preapplication meeting with DCD 1 2 3 $632
Site Walk with Agencies 2 6 8 $1,635
Research and Map Wetlands and OHW 8 4 12 $1,543
Shoreline Substantial Development Permit Application 8 4 12 $1,543
SEPA Checklist 16 8 24 $3,086
HPA Application (WDFW)8 4 12 $1,543
Mileage $50
Subtotal 3 40 28 71 $10,030
1 3 Alternatives Analysis and Drainage Technical Memorandum
Set Up and Run Hydraulic Models 2 12 14 $2,373
Engineers Opinion of Probable Cost (EOPC) for Alternatives Analysis 2 8 10 $1,539
Drainage Alternatives Analysis and Technical Memorandum 2 16 8 6 32 $4,790
Subtotal 6 28 16 6 56 $8,703
1 4 Preliminary Design
30% Review Meeting 2 2 $521
Pothole Plan and Observation 6 6 $764
Color Exhibits for Public Meeting (2 in 22"x34" format)2 16 18 $2,558
SHEETS
Cvr w/ Vty Map & Sht Index (1 sheet)1 1 $127
Legend and Abbreviations (1 sheet)1 1 $127
Drainage Plan and Profile (1 sheet @ 20' scale)4 16 20 $3,079
Roadway and Drainage Details (1 sheet)4 16 20 $3,079
QC 4 4 $731
SHEET TOTAL - 4
30% Engineer's Opinion of Probable Cost 2 8 10 $1,539
Subtotal 14 4 64 82 $12,526
1 5 Final Design
60%, 90%, & Bid Set Review Meetings 3 3 $781
SHEETS
Cvr w/ Vty Map & Sht Index (1 sheet)1 1 $127
General Notes, Legend and Abbreviations (1 sheet)1 1 $127
Horizontal Control and Existing Conditions (1 sheet)1 8 9 $1,279
Demo. & TESC (1 sheet)1 12 13 $1,788
Drainage Plan and Profile (1 sheet @ 20' scale)3 16 19 $2,819
Roadway and Drainage Details (2 sheets)3 24 27 $3,837
Project:
STAFF
PMX #
Sr. Sci.
M. Hall
Sci. II
A. Weiss
BILLING
MULT.:
Acct.
K. Hale
PM
D.
Dinkuhn
Client:
GIS
A.
Worsham
Eng. III
C.
Odegard
Sr. Struct
Eng.
B. Murray
Survey III
K. Allinson
PLS
L. Miller
Survey I
J. Austin
Sr. PC
S. Harris
WP
A. Lucas23318968BT
Eng. IV
R. Sayles
Str. Eng
III
A.
Mendoza
Str. Des.
A.
Valencia
Eng. IV
S. Sokol
Page 1
PARAMETRIX EXHIBIT C - BUDGET 12/9/2022
Francis Street Outfall
City of Bremerton
TOTAL TOTAL
PHASE TASK ORG CODE 3.00 Burdened Labor Rate $260.46 $147.84 $390.00 $180.72 $154.35 $182.85 $127.32 $130.53 $132.21 $97.50 $130.20 $100.05 $185.61 $228.24 $116.46 $190.38 HOURS COST
Project:
STAFF
PMX #
Sr. Sci.
M. Hall
Sci. II
A. Weiss
BILLING
MULT.:
Acct.
K. Hale
PM
D.
Dinkuhn
Client:
GIS
A.
Worsham
Eng. III
C.
Odegard
Sr. Struct
Eng.
B. Murray
Survey III
K. Allinson
PLS
L. Miller
Survey I
J. Austin
Sr. PC
S. Harris
WP
A. Lucas23318968BT
Eng. IV
R. Sayles
Str. Eng
III
A.
Mendoza
Str. Des.
A.
Valencia
Eng. IV
S. Sokol
Outfall Structural Details (2 sheets)20 48 68 $11,631
Temporary Traffic Control Plan (1 sheet)1 8 9 $1,279
SHEET TOTAL - 10
60% Contract Documents 1 4 6 11 $1,551
60% Engineer's Opinion of Probable Cost 1 4 5 $770
90% Contract Docs 2 6 8 $1,302
90% Engineer's Opinion of Probable Cost 1 4 5 $770
100% Contract Docs and Engineer's Opinion of Probable Cost 4 4 8 $1,551
Bid Documents and Engineer's Opinion of Probable Cost 4 4 4 12 $2,072
QC 8 8 16 $4,583
Subtotal 25 20 8 48 8 90 16 215 $36,268
1 6 Survey
Survey Field and Mapping (1 day field + 1 day office) 1 8 16 25 $4,206
Stake Potholes (1/2 day field) 4 2 6 $847
Expenses (equipment fees) $240
Subtotal 4 2 6 $5,293
1 7 Services During Bidding and Contsruction
Respond to Questions During Bidding 2 2 $521
Site Visits (up to 5 at 2 hrs each) 10 10 $2,605
Contractor Submittal Review (up to 12 at 1 hr each) 2 6 4 12 $2,968
RFIs (up to eight at 1 hrs each)2 4 2 8 $1,892
Mileage $58
Subtotal 14 10 6 30 $7,522
1 MR Management Reserve
Management Reserve $10,000
1 ESC Salary Escalation
Salary Escalation (3% salary increases effective 10/1/23)$605
82 30 14 48 28 12 170 20 20 22 40 28 4 2 520
PROJECT TOTAL $101,532
D. Dinkuhn, P.E.J. Young, P.E.J. Young, P.E.
(Project Manager)(Division Manager)
Reviewed By:Prepared By:
Labor Hours Total
Page 2
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: January 25, 2023
Contract Modification Agreement No. 3 with
Herrera Environmental Consultants for the
Pine Road Stormwater Improvements
Project
COUNCIL MEETING Date: February 1, 2023
Department: PW&U Engineering
Presenter: Gunnar Fridriksson
Phone: (360) 473-5758
SUMMARY:
There are two reasons for this contract amendment:
Permitting: The original contract had significant upland work and construction of new storm mains
in Robin and Eagle Avenues, along with a complete reconstruction of the Pine Road Basin outfall.
The outfall is located on the Port Washington Narrows in marine water. Recent rule changes at the
federal level for projects in marine water had the entire project stopped with no timeline for permit
issuance. It was decided to separate the Pine Road outfall reconstruction from the remainder of the
project to allow bidding and the start of construction in 2022. To provide the second set of plans,
specifications, and estimate, along with providing bidding and construction support for the outfall
reconstruction, an additional $103,010 is needed.
Late Design Revisions: Part of the push for construction needing to start in 2022, was a funding
deadline. All construction is to be completed by September 6, 2023. This included all the in-water
work in Stephenson Creek needed to be completed this year. Compounding the in-water work were a
number of issues brought forward at both the 60% and 90% reviews, requiring significant revisions to
be completed to the plan set to meet our advertisement date. Cost to complete these revisions is
$84,905.
ATTACHMENTS:
1. Contract Modification Agreement No. 3
FISCAL IMPACTS (Include Budgeted Amount):
This cost is included in the Stormwater Capital Budgets for 2022 and 2023 and is funded by the
Public Works Trust Fund Loans.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve Contract Modification No. 3 with Herrera Environmental Consultants for the Pine
Road Basin Stormwater Improvements Project in the amount of $ 187,915.00, 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
A2
CONTRACT MODIFICATION AGREEMENT NO. 3 to
CITY CONTRACT NO. 5910
BETWEEN THE CITY OF BREMERTON AND HERRERA
ENVIRONMENTAL CONSULTANTS
PROJECT: PINE ROAD SUB-BASIN STORMWATER IMPROVEMENTS
CONSULTANT: HERRERA ENVIRONMENTAL CONSULTANTS
DATE: November 14, 2022
THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE
Professional Services AGREEMENT (the "Contract") entered into between the City of
Bremerton and Herrera Environmental Consultants on January 16, 2019.
All provisions in the Contract shall remain in full force and effect except as expressly modified
by this document.
For valuable consideration and by mutual consent of the parties, the modifications to the
Contract are as follows:
I.
Section I.Scope , is modified as follows: See Amended Scope of Work attached as
Exhibit A.
Section II. Term , is modified as follows:
NO CHANGE.
Section III. Compensation , is modified as follows:
The original contract amount was $419,920. Contract Modification No. 1 increased the contract
by $50,480, resulting in an amended contract amount of $470,400. Contract Modification No. 2
increased the contract amount by $161,782, resulting in an amended contract amount of $632,182.
Contract Modification No. 3 increases the contract amount by $187,915, resulting in a
revised contract amount of $820,097.
II.
Consultant accepts all requirements of this Contract Modification by endorsing below.
Consultant further agrees that this Contract Modification constitutes full and final
settlement of all of the Consultant’s claims for contract time and for all costs of any kind,
including without limitation, costs of delays related to any work either covered or affected
by this Contract Modification, claims related to on-site or home office overhead, or lost
profits. This Contract Modification does not limit the City’s right to bring a claim for past
performance.
Page 1 of 2
Contract Modification No. 3
Pine Road Sub-Basin Stormwater Improvements
Page 2 of 2
Contract Modification No. 3
Pine Road Sub-Basin Stormwater Improvements
The undersigned consultant approves the foregoing Contract Modification as to the changes,
if any, in the contract price specified for each item, including any and all supervision costs
and other miscellaneous costs relating to the change in work, and as to the extension of time
allowed, if any, for completion of the entire work due to said Contract Modification.
This document will become a supplement of the contract and all provisions will apply hereto.
It is understood that this Contract Modification shall be effective when approved by the City
of Bremerton.
The parties whose names appear below warrant that they are authorized to enter into a
contract modification that is binding on the parties of this contract. In addition, Consultant
warrants that it has or will inform the surety of this change, and shall take appropriate action
to modify any bonds required under the contract to address this change.
IN WITNESS WHEREOF, the parties have executed this Contract Modification on the day
and year first written above.
City Engineer / Public Works Director approved to process _________________________ (Initials and Date)
HERRERA ENVIRONMENTAL CONSULTANTS THE CITY OF BREMERTON
By: By:
Print Name: Print Name: Greg Wheeler
Its: Its: Mayor
Date: Date:
APPROVED AS TO FORM: ATTEST:
By: By:
KYLIE FINNELL, Bremerton City Attorney ANGELA HOOVER, City Clerk
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
Attn: Gunnar Fridriksson Attn: Matt Fontaine
City of Bremerton Herrera Environmental Consultants
345 6th Street, Suite #100 Denny Building,
Bremerton, WA 98337 2200 6th Avenue #1100
Seattle, WA 98121
R:\Legal\Legal\Forms\FORMS ON COBWEB\Contract Modification Rev. 10 2019.docx
Ned Lever
Digitally signed by Ned Lever
DN: C=US, E=ned.lever@ci.bremerton.wa.us,
O=City of Bremerton, OU=Engineering, CN=Ned
Lever
Reason: I have reviewed this document
Date: 2022.12.16 13:44:49-08'00'
1
Date: November 8, 2022
To: Gunnar Fridriksson, Project Manager, City of Bremerton
From: Matt Fontaine, Herrera Environmental Consultants
Subject: Request For Authorization of Funds for Additional Scope – Amendment #3 for the Pine Road Basin Stormwater Improvements Project
(Bremerton Project # 870, Herrera Project number 18-06910-000)
Herrera Environmental Consultants (Herrera) is assisting the City of Bremerton (City) with work on the Pine Road Basin Stormwater Improvements Project. As the work of the project team has evolved, some aspects of it are beyond what was originally scoped and budgeted for. This memorandum describes additional project scope and budget for work to be done by the Consultant Team (Herrera, Stantec, CRC, AESI, and AES Consultants, Inc.), supporting a request for additional funds. Issues that necessitated the changes in scope are:
Bedrock - Bedrock is seen in areas of Stephenson Creek and is suspected to be presentnear the ground surface in the vicinity of the storm drain outfall at Sheridan Avenue.Additional geotechnical data is needed to confirm where the bedrock is as it will affectthe redesign of the outfall. The outfall redesign is needed to meet requirements fromWashington Department of Fish and Wildlife (WDFW) and comments received from the
Suquamish Tribe (Tribe) for energy dissipation in the infrastructure downstream of the
existing outfall pipe outlet.
Permitting - The project features work in Stephenson Creek and on the shoreline of Port
Washington Narrows. Stephenson Creek work consists of reconstruction of both the
outfall at Sheridan Road and the inlet structure at Stephenson Avenue in fresh water. On
the Port Washington Narrows shoreline, the work consists of reconstruction of the outfall
just south of the intersection of Lebo Boulevard and Sheridan Road which is in marine
water. Issues encountered to date:
o In the 90 Percent design review, it was found that WDFW and the Tribe were not
satisfied by revisions made at the 60 percent design addressing their comments. At
issue was the energy dissipation to be incorporated into the design and combining
storm flows at the outfall with the creek. This required additional coordination,meeting support, field visits, and design concept sketches in order to satisfy theserequirements. The City was not going to be issued a Hydraulic Project Approval(HPA) until these concerns and comments were addressed.
o Recent rule changes at the federal level for projects in the marine shorelineenvironment required the US Army Corps of Engineers (USACE) to seek a formalconsultation with the National Marine Fisheries Service (NMFS) for issuing nationwide
EXHIBIT A
2
permits for work in the shoreline marine water because endangered species are present. All consultations are currently on hold with NMFS as they are in the process of developing policies and procedures to address these recent rule changes.
o It was anticipated that obtaining the nationwide permit may take up to two years. It was decided to separate the marine outfall work from the rest of the project and have it completed as a separate project when the permit is available. This required the permitting process for the two work areas and creating two permitting packages,
i.e., one permit for construction work in fresh water and one permit for construction
work in salt water. These separate projects are referred to as Pine Road Basin Stormwater Improvements (i.e. fresh water project) and Pine Road Basin Marine
Outfall Project (i.e. salt water project) in the reminder of this document.
90% Design Review - The original project scope of work included design reviews only at
the 30%, 60% and 100% stages of completion to save costs. The extensive comments
from regulatory agencies and tribes as well as the addition of roadway reconstruction on
Eagle Avenue at the 60% design review stage necessitated adding an additional review
prior to finalizing at the 100%. A 90% design package including full design plans,
construction cost estimate, details, and complete technical specifications is required.
Handicap Ramps - After completion of initial ADA ramp design, the City requested the
ramp design be updated to reduce the number of ramps that would not meet ADA standards due to existing slopes. In some locations the roadway slopes are 7 percent or greater, so achieving a ramp with less than 2 percent slope requires extensive and detailed grading in CAD to expand the work area further into the roadway, essentially warping the roadway so the road profile along the gutter line varies from the road profile along the road center line. In places, this requires a more extreme roadway cross slope for several feet to match the road surface with the edges of the ADA ramp or expanded sidewalk replacement to connect the sidewalk with the revised ramp elevation. This process requires iteratively checking the road slope, gutter slope, and ramp slope to ensure the ramp will meet ADA requirements for slope.
Drainage behind Sidewalk – During the design process it was learned that construction of a sidewalk on Robin Avenue would create low points behind the sidewalk that could potentially trap water during large storm events, resulting in standing water and flooding yard areas for adjacent property owners. Area drains will be designed in order to collect this stormwater and route it into the new storm drain system in the street right of way.
Additional Plan Set – The permitting issues identified above required breaking the
project into two projects: 1. Pine Road Basin Stormwater Improvements and 2. Pine Road
Basin Marine Outfall. This required two packages of design plans, specifications, and cost
estimates, as well as bid packages. This will also require bidding and construction
support for both projects. The scope of work for the Pine Road Basin Marine Outfall
project is defined in the second half of this amended project scope.
3
Project Schedule – The project was originally scoped for construction starting in Spring 2021. Due to the permitting issues noted above, which were not reasonably foreseeable, additional time and cost is being incurred for project management and for technical permitting support and design tasks due to increases in Consultant Team costs over time, consistent with rising staff rates and expenses in the region. Approximately $160,000 of work has been delayed by two years.
4
P IN E ROAD BAS IN STOR M WAT ER I M PR OV E M ENT S
Ta s k 6 .1 – Geo tec hn ic al De si g n
Scope: AESI will complete the following work:
Field assessment of exposed bedrock in the stream channel and follow up communication with the design team regarding the location and type of bedrock, as well as the potential interface between bedrock and the energy dissipation structure at the Sheridan Road outfall.
A geotechnical boring at Sheridan Road as near to the proposed outfall structure as possible, including coordination with the driller and City permitting staff, traffic control planning, observation of the boring to log the material encountered, and
recording blow counts.
A geotechnical memorandum summarizing the findings from field assessment and
boring results.
D e l iv er ab les :
Geotechnical Memorandum
Ta s k 9 .1 – Ad di t io n al Pe rm it ti ng S u pp or t
Support discussions with tribes and regulatory agencies, including meetings and a field visit with WDFW and the Suquamish Tribe and prepare conceptual sketches of outfall alternatives at Sheridan Road. After the permitting is separated into two separate projects, one freshwater and one saltwater, revise the JARPA and supporting design figures for each project.
Divide the JARPA figures into two separate packages:
Permit set related to work in Stephenson Creek
Permit set related to work at the salt water outfall
Coordination with the United States Army Corps of Engineers related to the two separate permit applications.
5
D e l iv er ab les :
Meeting Notes
Design concepts
2 sets of JARPA figures
TAS K 10 .4 – 9 0% D E SI G N SUB M IT TA L AND A D D I T I O N A L D E S I G N S H EE T S
The baseline and amended scope and budget only included 60%, 100%, and Bid Set of plans. Extensive changes to the scope of the design at the 60% level of completion, including
reconstruction of Eagle Avenue, adding sidewalks, and adding the impact basin at the outfall to
Stephenson Creek necessitated an additional review set prior to the 100% design submittal,
called the 90% submittal. Prepare 90% (preliminary 100%) design plans and address City
comments on this submittal.
Prepare five additional design sheets including an easement plan sheet and four intersection
plan sheets, as well as an interim easement plan sheet to enable City review of potential
easement needs. These additional sheets will address detailed design for right away improvement on the edges of private property and display detailed information related to intersections and ramps.
D e l iv er ab les
90% (preliminary 100%) design Plans.
Five additional design sheets included in the Plans submittals for 90%, 100%, and Bid sets.
Ta s k 10 .5 – Im pa ct B asi n De si gn
Evaluate design alternatives for suitability to site conditions including challenges related to
construction on bedrock soils. Alternatives include an impact basin and multiple stilling basin configurations. Prepare initial calculations for impact basin and stilling basin size and evaluate
feasibility of the required geometry within the site setting that includes steep slopes; existing pipes, concrete, and boulders in the channel; and narrow bedrock channel. The design must accommodate the existing 24-inch pipe and the proposed pipe, while not create a fish stranding hazard.
For the preferred alternative (impact basin), complete hydraulic calculations to define the width, length, height, and impact wall geometry. Hydraulic calculations will require updating the hydraulic model to evaluate multiple inlet pipe sizes, adjusting design flow velocity, and subsequently updating the structure size to achieve an acceptable configuration. Revise the
6
instream design and design of slope stabilization measures. Prepare a site plan, section, and details for the impact basin. Write construction specifications for the structure.
D e l iv er ab les
Updates to the calculations and Basis of Design Report
Two additional plan sheets for the final design package including plans, sections, and details
TAS K 10 .6 – ROA D WAY WAR P I N G A ND YAR D D R AI N D E S I G N
Revise the roadway and ramp design in multiple locations to enable ADA ramps to fully meet ADA standards despite adverse road grades. This process requires multiple detailed design steps:
Expand the work area further into the roadway, essentially warping the roadway so the road profile along the gutter line varies from the road profile along the road center line.
Adjust roadway cross slope by exploring more extreme cross slopes for several feet to match the road surface with the edges of the ADA ramp.
Extend sidewalk replacement to connect the new lower sidewalk elevation with the elevation of the existing sidewalk.
Iteratively checking the road slope, gutter slope, and ramp slope to ensure the ramp will meet ADA requirements for slope.
Six properties along Robin Avenue require area drains within their driveways. The design will
include siting the area drains, regrading the driveways and surrounding surfaces to slope
towards the area drains, designing pipes to connect area drains to the new storm main, and
reviewing and designing around potential utility conflicts.
D e l iv er ab les
Integration of revised ADA ramps and area drains into the civil plans, ADA ramp details, and storm drain plans.
7
P IN E ROAD BAS IN MAR I NE O UTFA LL D ESI G N
The Marine Outfall portion of the Pine Road Basin Stormwater Improvement Project has to be separated from the original project scope because permitting of the project requires additional
time beyond the time allotted for the Public Works Trust Fund Loan the City is using to pay for
much of the project. The Consultant will complete final design for the Marine Outfall. The City
will provide a table of consolidated comments at each design submittal stage.
TAS K 1 3 – P ROJ E C T M A N AGE M E N T FO R M A R IN E O U T FA LL D E S I G N
Herrera’s project manager, Matt Fontaine, will be responsible for ongoing administration of the project, including preparing invoices and progress reports, as well as coordination of work efforts with the designated City point of contact (Gunnar Fridriksson). Herrera’s project manager will have phone and e-mail contact with the City of Bremerton on an as-needed basis.
As s u m p t ion s
Twelve month duration of active project work.
Approximately monthly project management calls with the City of 30 minutes in duration (approximately 12 meetings assumed).
D e l iv er ab les
Monthly progress reports and invoices.
Emails with notes from progress calls and meetings.
TAS K 14– 90 P E RC E N T D E S I GN
The Consultant Team will advance the existing design to 90 percent complete including preparation of complete technical specifications and engineer’s estimate of probable
construction cost. Herrera will submit a final basis of design report that includes calculations
associated with the Marine Outfall impact basin. Impact basin design will define all necessary
geometric conditions for the City’s construction Contractor to prepare structural design plans
for review during construction. A maximum use will be made of typical details, and of
City/WSDOT/APWA standard plans.
At 90 percent design, the Consultant shall prepare the full technical specifications (special
provisions) for the project amending the current version of the WSDOT standard specifications.
These specifications will address specific work and material requirements in the salt water environment, shoreline restoration design, and contractor design and construction of the impact
8
basin, and other bid items that require modifications or supplements to the WSDOT standard specifications.
Wor k B y Ot he r s
Stormwater Pollution Prevention Plan will be prepared by the City’s construction Contractor
Stream flow or piping bypass plan will be prepared by the Contractor
Traffic control and staging plans will be prepared by the Contractor
Structural and reinforcement design for the impact basin will be prepared by the Contractor
As s u m p t ion s
The City will consolidate all City and agency comments on the submitted plans, specifications and estimates and enter the consolidated comments into a comment log form.
Consultant Team will incorporate changes into the plans, specifications, and estimate and respond to all City comments in the comment log.
The engineer’s cost estimates for construction are approximate and shall be based upon prevailing average bid prices received from similar, recent projects led by the City, Kitsap
County, and WSDOT and from material supplier correspondence. The cost estimates will include the cost opinion to cover the respective cost variability such as variable unit
prices, bidding climate, level of estimating accuracy, miscellaneous items, contingencies, undefined items, and risk factors.
Plans will be in AutoCAD 2017 or newer electronic file format utilizing the City’s drafting standards in English units. 1 inch to 40 feet Scale plans are anticipated.
City/WSDOT/APWA Standard details and specifications will be incorporated by reference wherever possible.
Marine shoreline design is limited to the area immediately surrounding the Pine Road Outfall.
Basis of design report updates are limited to reconfirming hydraulic calculations and geometry of the impact basin on the marine shoreline and updating scour or erosion control calculations.
All right of way restoration will be limited to matching existing surfacing or vegetation.
9
The Plan set will include the following Sheets.
General
No. Title
1 Title Sheet
2 Legend and Abbreviations
3 General Notes
Civil
No. Title
4 Existing Site Plan and Survey Control – Pine Outfall
5 Site Prep and TESC - Pine Outfall
6 Pine Outfall Site Plan
7 Pine Outfall Structure Plan and Sections
8 Pine Outfall Structure Details
9 Pine Outfall Beach Restoration Sections and Details
Landscape
No. Title
10 Pine Outfall Planting / Mitigation Plan
11 Planting Details and Schedule
D e l iv er ab les
90 Percent Plans, Technical Specifications, Cost Estimate.
Response to City comments on the 60% design.
TAS K 15 – 10 0 PE RC E NT DE S I GN
The Consultant will advance the design to 100 percent complete including addressing City comments on the 90 percent design, and revise the technical specifications and engineer’s
10
estimate of probable construction cost. The Consultant will prepare the Draft Bid Package (i.e. Legals).
As s u m p t ion s
See Task 13 for the assumed Plan sheets.
D e l iv er ab les
100% Plans, Technical Specifications, Cost Estimate.
Draft Bid Package (Legals)
Response to City comments on the 90% design.
TAS K 16– B I D PACK AGE P R EPA R AT I O N
The Consultant will prepare a complete bid package including addressing City comments on the 100 percent design package.
As s u m p t ion s
Consultant will assemble the bid package, using a template / example provided by the City, such that the City may advertise and award the construction contract.
The City will be responsible for advertising, reviewing bids, preparing and issuing
addenda as may be necessary, and awarding the construction contract.
See Task 13 for the assumed Plan sheets.
No significant changes to the design scope will be introduced at this stage in the design.
D e l iv er ab les
Response to City comments on the 100% design.
Bid Package
Ta s k 17 – S u pp or t Du ri n g Bi dd in g
The Consultant Team will provide support during the construction contract bidding period. Support may include the following items as directed by the City and as budget allows.
Responses to questions from bidders
11
Support for addenda
As s u m p t ion s
Consultant will respond to questions forwarded by the City.
D e l iv er ab les
To be defined based on City requests for support during bidding.
Ta s k 1 8 - Su p p or t Du r in g C o n st ruc ti on
The Consultant Team will provide engineering services during construction to help ensure that the work will be performed in conformance with the contract documents and regulatory requirements pertaining to the Project.
As s u m p t ion s
The budget assumes the following construction support activities may be included:
Attendance at a preconstruction meeting
Submittal review – requests for approval of material, requests for information (RFIs), shop
drawings, working drawings, etc.
Site inspections: 1 by Herrera staff, 1 by AESI staff (geotechnical inspections).
The budget also includes an allowance for Contractor submittal review or site inspection by a structural engineer.
Inspection reports and photos will be submitted following each site visit.
Other support as requested and as budget allows.
The Consultant will be available regularly for discussion during construction and will
provide all reviews and replies within 48 hours of receipt of a request from the City,
unless discussed and agreed upon with the City’s Engineer.
The City will finalize and issue all submittal responses, RFIs, and change orders.
Record drawings will be prepared by the Contractor.
12
D e l iv er ab les
Written responses to requests from the City.
Inspection report and photos for each site visit.
B U DG ET
Total Amendment 3 Budget: $187,915
Pine Road Basin Stormwater Improvements: $85,905
Pine Road Basin Marine Outfall: $103,010
Excludes write off of $67,000 by Herrera (Approximately 450 hours)
Herrera Environmental Consultants
11/2/2022
Cost Estimate for Pine Road Basin Marine Outfall
Herrera Project No. 18-06910-000
Task No.13 14 15 16 17 18
Herrera Labor based on: Burdened Labor Rates
Project
Management -
Marine Outfall
90 Percent
Design
100 Percent
Design Bid Package Support during
Bidding
Support during
construction
Staff Title 2022 Burdened Labor Rates
Ewbank, Mark Vice President $269.14
0 2 2 2 0 0 6
Fontaine, Matthew Engineer V $215.23 48 44 16 12 10 12 142
Waggoner, Jonathan Engineer III $175.55 7 44 12 7 8 24 102
Dhital, Satya Engineer II $135.87 1 62 40 26 16 8 153
Marshall, Eric CAD Technician III $140.59
1 50 22 14 4 8 99
Johansen, Sally Project Accountant IV $127.07
12 0 0 0 0 0 12
Taylor, Randall Landscape Architect III $136.12 0 26 6 2 0 0 34
Mirabile, Tina Scientist IV $184.95 0 8 0 0 0 4 12
Total Hours per Task 69 236 98 63 38 56 560
Subtotal Labor $13,361 $38,205 $15,433 $10,123 $6,293 $9,748 $93,163
Subtotal Herrera Labor $13,361 $38,205 $15,433 $10,123 $6,293 $9,748 $93,163
4% Escalation on Herrera Labor in 2023
$534 $1,528 $617 $405 $252 $390 $3,727
Escalated Subtotal Herrera Labor $13,896 $39,733 $16,050 $10,528 $6,545 $10,137 $96,890
Subconsultants
Subconsultant
AESI $0 $0 $0 $0 $0 $3,000 $3,000
Sructural $0 $0 $0 $0 $0 $3,000 $3,000
2%Fee on Subconsultants $0 $0 $0 $0 $0 $120 $120
Subtotal Subconsultant Cost $0 $0 $0 $0 $0 $6,120 $6,120
Grand Subtotal $13,896 $39,733 $16,050 $10,528 $6,545 $16,257 $103,010
Grand Total $103,010
Total
Herrera Environmental Consultants
11/8/2022
Cost Estimate for Pine Road Basin Stormwater Improvements
Herrera Project No. 18-06910-000
Task No.6.1 9.1 10.4 10.5 10.6
Herrera Labor based on: Burdened Labor Rates
Geotechnical
Design
Additional
Permitting
90 Percent
Design
Impact Basin
Design
Road Warping
Design and Yard
Drains
Task Start Date 1/2/2023 1/2/2023 1/2/2023 1/2/2023 1/2/2023
Task End Date 1/2/2023 1/2/2023 1/2/2023 1/2/2023 1/2/2023
Staff Title 2022 Burdened Labor Rates
Ewbank, Mark Vice President $292.89 1 0 0 4 0 5
Mitchell, Colleen Engineer V $192.51 4 0 4 0 12 20
Gray, Shannon Engineer IV $168.46 0 8 75 14 8 105
Schaner, Neil Engineer IV $159.25 0 0 20 29 0 49
Brown, Jess Engineer III $141.22 0 0 0 22 0 22
Dhital, Satya Engineer II $129.52 0 0 60 0 20 80
Forester, Kate Landscape Architect IV $182.27 0 0 0 5 0 5
Marshall, Eric CAD Technician III $152.98 0 16 46 20 10
92
Waggoner, Jonathan Engineer III $167.34 0 24 8 16 0 48
Fontaine, Matthew Engineer V $205.17 8 18 0 8 0 34
Total Hours per Task 13 66 213 117 50 459
Subtotal Labor $2,704 $11,505 $32,737 $19,319 $7,778 $74,042
Subtotal Herrera Labor $2,704 $11,505 $32,737 $19,319 $7,778 $74,042
Subconsultants
Subconsultant
AESI $10,863 $0 $0 $0 $0 $10,863
Subtotal Subconsultant Cost $10,863 $0 $0 $0 $0 $10,863
Grand Subtotal $13,567 $11,505 $32,737 $19,319 $7,778 $84,905
Grand Total $84,905
Schedule
Total
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT:
Contract Modification No. 02 to the
Goods & Services Agreement with At
Work Commercial Enterprises, LLC for
Landscaping Maintenance & Services
SUMMARY:
Study Session Date: January 25, 2023
COUNCIL MEETING Date: February 1, 2023
Department: PW & Utilities
Presenter: Chris Mottner
Phone: (360) 473-2316
Staff requests approval of the Contract Modification Agreement No. 02 with At Work Commercial
Enterprises, LLC to clarify a CPI-U increase for all work, and to add new landscape maintenance
services, as proposed for Fire Station #2, Fire Station #3, and 606 Burwell Street.
ATTACHMENTS:
1)Contract Modification Agreement No. 02 with At Work Commercial Enterprises, LLC
2)Landscape Location Site Maps (3)
3)Goods and Services Agreement - Page 1 and 9
FISCAL IMPACTS (Include Budgeted Amount):
Funds are budgeted for current year to cover cost increases and would be budgeted for the remaining
term of the contract. $33,677.16 Annually. The service cost increase amount is split among the General
Fund, Water Utility, Stormwater Utility, and Parking Fund.
STUDY SESSION AGENDA: 181 Limited Presentation □Full Presentation
STUDY SESSION ACTION: □Consent Agenda
RECOMMENDED MOTION:
□General Business □Public Hearing
Move to approve the Contract Modification Agreement No. 02 with At Work Commercial Enterprises,
LLC and authorize the Mayor to finalize and execute the agreement with substantially the same
terms and conditions as presented.
COUNCIL ACTION: 0 Approve D Deny 0 Table D Continue D No Action
Form Updated 11/09/2021
A3
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT:
Acceptance of Washington State
Department of Commerce Local &
Community Projects Program Grant for the
Bremerton Library HVAC Replacement
Project
Study Session Date: January 25, 2023
COUNCIL MEETING Date: February 1, 2023
Department: PW & Utilities
Presenter: Chris Mottner
Phone: (360} 473-2316
SUMMARY:
Bremerton Public Works and Utilities applied for and received a grant award from the Washington
State Department of Commerce for $412,000.00 to fully fund the City of Bremerton Downtown Library
Building HVAC Replacement Project.
The improvements include the removal and replacement of the existing steam hot water boiler (heat
only) system with a new HVAC system for both heating and air conditioning. The new system also
includes outside air system filtration.
ATTACHMENTS:
1)Grant award letter
2)Grant contract to City of Bremerton through the local and community projects program.
FISCAL IMPACTS (Include Budgeted Amount):
This project is included in the General Facilities capital improvements plan and is 100% grant funded.
STUDY SESSION AGENDA: I&! Limited Presentation D Full Presentation
STUDY SESSION ACTION: D Consent Agenda D General Business D Public Hearing
RECOMMENDED MOTION: Move to accept the local and community project programs grant, from
the state of Washington Department of Commerce for the Library HVAC project and authorize the
Mayor to finalize and execute the agreement with substantially the same terms and conditions as
presented.
COUNCIL ACTION: 0 Approve 0Deny D Table D Continue D No Action
Form Updated 11/09/2021
A4
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: January 25, 2023
Public Works Agreement with Utter
Associates, Inc for Audio Visual Equipment
Design and Install at Bremerton Municipal
Court
COUNCIL MEETING Date: February 1, 2023
Department: Municipal Court
Presenter: Judge Tracy Flood
Jennefer Johnson
Phone: (360) 473-5242
SUMMARY:
The execution of the contract is for the AV/Media grant funds awarded by Administrative Office of the
Courts (AOC) in the amount of $50,000 per courtroom. The AOC grant funds is a total of $100,000.
The potential expenses under the contract are $124,905.06 that is an estimated amount based on
labor hours, equipment and taxes. The equipment purchase amount is $65,356.82 and $7,900 for
removal of old equipment. This leaves $26,743.18 of the grant funds, which can be used for the
remaining labor hours and design build to be reimbursed by June 30, 2023.
The installation is estimated to take 21 weeks. Calculating hours from July 1st – Aug 15th the
estimated remaining time on the contract after the grant period totals $47,174. The reimbursement
for equipment purchase, removal labor and design can all be billed through June 30, 2023.
ATTACHMENTS:
1. Public Works Agreement (draft)
2. Exhibit A
3. Exhibit B
4. Request for Proposal Notice
5. Interagency Reimbursement Agreement IAA23951 with AOC
FISCAL IMPACTS (Include Budgeted Amount): $47,174 pending additional grant funds that can
be awarded in May of 2023. The budget for 2022 included equipment purchase $5500 two additional
grants have $16,000 set aside for equipment.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve the Public Works Agreement with Utter Associates, Inc in the amount of
$124,905.06; and authorize the Bremerton Municipal Court to finalize and execute the agreement
with substantially the same terms and conditions as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
A5
PUBLIC WORKS AGREEMENT
THIS AGREEMENT is entered into between the City of Bremerton, a Washington
Municipal Corporation (“City”), and UTTER ASSOCIATES, INC (“Contractor”), whose mailing
address is 5601 6TH Ave. S. STE 471, Seattle, WA 98108 .
The parties agree as follows:
1. CONTRACTOR SERVICES. The Contractor shall perform the following
services for the City: scope equipment needs for municipal court Audio Visual systems, design
and draw system, removal of old equipment, installation of new equipment including electrical
connections and permitting. The services performed shall include the equipment listing and rates
as incorporated in Exhibit A.
2. TIME OF COMPLETION. Contractor shall complete the work within
calendar days from the date of issuance of the City’s Notice to Proceed and per the schedule
attached as Exhibit B.
3. COMPENSATION. The City shall pay the Contractor the total amount of
$124,905.06 including any applicable Washington State Sales Tax, for the work as contemplated
in this agreement at the rates included in Exhibit A. The City shall pay the Contractor ninety
percent (90%) of the Contract amount upon completion and acceptance of the work by the City,
and the remainder upon fulfillment of the conditions listed below and throughout this agreement.
A. No Performance Bond. Because this contract including applicable sales tax
is $150,000 or less, and pursuant to Chapter 39.08 RCW, the Contractor, in
lieu of providing the City a performance bond, has elected to have the City
retain the final ten percent (10%) of the Contract amount 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.
OPTIONAL: [RETAINAGE: THIS ITEM IS NEGOTIABLE IF WE USE THE 90/10
PAYMENT CLAUSE (NO PERFORMANCE BOND) AND THE CONTRACT IS UNDER
$35,000 (WAC 458-20-217[7] AND RCW 60.28.040).]
B. Retainage. The City shall hold back a retainage in the amount of ten (10)
percent (10%) 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.
Contractor shall provide written notice of substantial completion and within 10 days of such notice
the City shall evaluate and provide confirmation or provide a written list of items that are outstanding.
Upon acceptance from the City of completion the contractor shall provide the enclosed release of claim s
form.
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 from 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 res pects 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 rel inquishment 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.
SIGNATURES ON THE NEXT PAGE:
IN WITNESS WHEREOF, the parties below have executed this agreement.
UTTER ASSOCIATES, INC. THE CITY OF BREMERTON
Print Name: Erik Utter Print Name:
Title: Title:
DATE DATE
Notices to be sent to: Notices to be sent to:
CONTRACTOR: CITY OF BREMERTON:
Erik Utter Melinda Monroe, Contracts Administrator
Utter Associates, Inc. 345 6th Street, Suite 100
5601 6th Street S., STE 471 Bremerton, WA 98337
Seattle, WA 98108 (360)
(360) (facsimile)
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. 08 2022.doc
Exhibit B - 1
BID PROPOSAL
AUDIO – VIDEO DESIGN AND INSTALL SERVICES
City of Bremerton
A.Audio Visual System $ Per hour
B.Installation and Labor (subject to Prevailing Wages) $ Per hour.
C.As-built drawings for records $ Per hour.
D._______________________$_________________per hour
E.Equipment charges $________________
F.Delivery and Freight $________________
G.Warranty charges $________________
H.Sales tax – 9.2%$________________
*Per hour costs to not include Washington State sales tax, but must be in compliance with
Washington Prevailing Wage Laws and Compensation requirements.
Contractor Name: ________________________________________________________
Authorized Signature: ____________________________________________________
Contractor Address: ______________________________________________________
Contractor registration information form must be filled out and accompany these bid proposals.
Design 150
150
150
65,356.82
275
0
13,666.33
Utter Associates, Inc.
5601 6th Ave. S. Suite 471 Seattle, WA 98108
EXHIBIT A: BID SCHEDULE AND EQUIPMENT LIST
Project
Bill of Materials
Schedule A
Item Group Manufacturer Part Description Qty
001 CORE QSC NS26-1440++Q-SYS Configured NetGear POE++ 26 port switch 2
002 CORE QSC Core Nano Audio,Video, Control, processor 2
003 CORE QSC SLQSE-8N-P QSC
Q-SYS Core 8 Flex, Core Nano, NV-32-H (Core Capable). Scripting Engine Software
License, Perpetual.2
004 CORE QSC SLQUD-8N-P QSC
Q-SYS Core 8 Flex, Core Nano, NV-32-H (Core Capable). UCI Deployment Software
License, Perpetual.2
005 CORE QSC SLDAN-32-P QSC Q-SYS Software-based Dante 32x32 Channel License, Perpetual 2
006 CORE QSC SLCOL-8N-P QSC
Q-SYS Collaboration Bundle scaling license for Core Nano and Core 8 Flex that doubles
the networked audio capacity to 128x128, doubles the maximum number of next-
generation AEC processors to 16, doubles the maximum number of Softphone instances
to 4, and doubles the general purpose processing capacity, Perpetual 2
007 CORE QSC TSC-70-G3 QSC
Q-SYS 7” PoE Touch Screen Controller for In-Wall Mounting. Color -
Black only 4
008 CORE QSC TSC-710t-G3 QSC Table top mounting accessory for TSC-70-G3 and TSC-101-G3.4
011 CORE QSC NC-20x61 Network camera with motorized PTZ, 20x optical zoom and 60° horizontal FoV 4
012 CORE QSC NL-C4-WH
4" Full-range, low-profile ceiling-mount network loudspeaker,PoE/PoE+ powered. Includes
C-ring and tile rails. Color - White 10
014 CORE QSC NV-32-H
4K60 4:4:4 Network Video Endpoint for the Q-SYS Ecosystem, software configurable as
Encoder or Decoder. 3 HDMI 2.0 Inputs, 2 HDMI 2.0 Outputs, on-board AV Bridging.
Supports optional stand alone “Q-SYS Core Mode" operation for audio DSP with local
video switching (no encoding or decoding) and AV Bridging.4
015 CORE QSC QIO-RMK Rack mount tray and blanking panels to mount up to four QIO units 2
016 MICROPHONES Shure MXW-8 Microflex Wireless desk Mic 10
017 MICROPHONES Shure MX415RLPDF/C Gooseneck 15" Dual flex top light ring 10
018 MICROPHONES Shure MXW2/SM58 Handheld Wireless Microphone 7
019 MICROPHONES Shure MXW6/O Microflex wireless boundary table mic 3
020 MICROPHONES Shure MXWNCS8 Networked Charging Station 8 Port 1
021 MICROPHONES Shure MXWNCS4 Networked Charging Station 4 Port 1
023 MICROPHONES Shure MXWAPT8 MXW Wireless Access Point 8CH 1
024 MICROPHONES Shure MXWAPT4 MXW Wireless Access Point 4CH 1
025 MICROPHONES Shure SBC10-USB-A USB Charger for MXW Microphones 10
026 MISC Elmo ELMO-MX-P3
Elmo 1450-17 MX-P3 4K Ultra HD USB 3.0 Visual Presenter/Document Camera with CRA-
2 Wireless Pen Tablet 2
027 MISC Listen Technologies LKS-5-A1 ListenTalk Go ALS/Interpeter Portable Communications System 2
028 MISC Listen Technologies LA-438 ListenTalk Go Adavanced Neck Loop 2
029 MISC Auray ERS-8U Steel Equipment Rack with 3" Casters 2
11/17/2022 9:58 PM 1 of 1 Pricing-Template_BMC4.xlsx
NET RJ45
CEILING
MXWAPT11
Access Point Transceiver
Shure
MXWAPT8
JUDGE
WMIC11
Wireless Desktop Mic
Shure
MXW8
CLERK
WMIC12
Wireless Desktop Mic
Shure
MXW8
WITNESS
WMIC13
Wireless Desktop Mic
Shure
MXW8
PLANTIFF
WMIC14
Wireless Desktop Mic
Shure
MXW8
DEFENSE
WMIC15
WirelessDesktop Mic
Shure
MXW8
JURY
WMIC16
Wireless Boundary Table Mic
Shure
MXW6/O
SIDEBAR
WMIC17
Wireless Boundary Table Mic
Shure
MXW6/O
NET RJ45
RACK
CHG01
Networked Charging Station
Shure
MXWNCS8
HDMI OUT HDMI
USB USB
RJ45 RJ45
USBUSB
USBUSB
CLERK
PC11
CFE ZOOM PC
TBD
TBD
HDMI OUT HDMI
CLERK
DOCCAM11
Document Camera
Elmo
MX-P3
HDMI IN 01HDMI
HDMI IN 02HDMI
WALL
MON11
Video Monitor
TBD
TBD
NETSW11 PORT 11
NETSW11 PORT 12
NETSW11 PORT 19
RJ45
P02 RJ45
P03 RJ45
P04 RJ45
P05 RJ45
P06 RJ45
P07 RJ45
P08 RJ45
P09 RJ45
P10 RJ45
P11 RJ45
P12 RJ45
P13 RJ45
P14 RJ45
P15 RJ45
P16 RJ45
P17 RJ45
P18 RJ45
P19 RJ45
P20 RJ45
P01
P21
P22 RJ45
P23 RJ45
P24 RJ45
P25 RJ45
P26 RJ45
RJ45
AVRACK
NETSW11
26 Port POE++ Switch
NetGear
NS26-1440++
CHG01 LAN
MXWAPT11 LAN
CAM11 LAN
TS11 LAN
TS12 LAN
CNTRL11 LAN A
NETSW11 PORT 02
NETSW11 PORT 01
NET RJ45
WALL
CAM11
PTZ Camera
QSC
NC-20X60
NETSW11 PORT 04
LAN A RJ45
LAN B RJ45
USB 3.0 USB-A
USB 3.0 USB-A
USB 3.0 USB-A
USB 3.0 USB-A
USB 3.0 USB-B
USB 3.0 USB-C
RACK
CNTRL11
Audio Video & Control Processor
Q-SYS
Nano
LAN XLR
USB C USB-C
CLERK
TS12
Touch Screen
Q-SYS
TBD
LAN XLR
USB C USB-C
JUDGE
TS11
Touch Screen
Q-SYS
TBD
NETSW11 PORT 06
NETSW11 PORT 07
NETSW11 PORT 05
AUDIO INHDMI
CLERK
ALS11
ALS/Interpeter Transmitter
Listen Technologies
LKS-5-A1
CH 1 TERM
CH 2 TERM
CH 3 TERM
CH 4 TERMOUTPUT
LAN THRU RJ45
LAN POE RJ45
RACK
NAXPNDR11
Network Audio Expander
QSC
QIO-4LoENCDR11LAN
DCDR 11 LAN
COURT
WMIC19
Wireless Handheld Mic
Shure
MXW2/SM58
COURT
WMIC20
Wireless Handheld Mic
Shure
MXW2/SM58
COURT
WMIC21
Wireless Handheld Mic
Shure
MXW2/SM58
COURT
WMIC22
Wireless Handheld Mic
Shure
MXW2/SM58
IN CUSTODY WITNESS
WMIC18
Wireless Boundary Table Mic
Shure
MXW6/O
NET RJ45
WALL
CAM12
PTZ Camera
QSC
NC-20X60
NETSW11 PORT 09
NET RJ45
CEILING
MXWAPT12
Access Point Transceiver
Shure
MXWAPT4
NETSW11 PORT 03
MXWAPT12 LAN
CAM12 LAN
NAXPNDR11 LAN
NET RJ45
RACK
CHG02
Networked Charging Station
Shure
MXWNCS8
NETSW11 PORT 10
CHG02 LAN
LAN RJ45
CEILING
SPKR11
Network Speaker
QSC
NL-C4
NETSW11 PORT 13
LAN RJ45
CEILING
SPKR12
Network Speaker
QSC
NL-C4
NETSW11 PORT 14
LAN RJ45
CEILING
SPKR13
Network Speaker
QSC
NL-C4
NETSW11 PORT 15
LAN RJ45
CEILING
SPKR14
Network Speaker
QSC
NL-C4
NETSW11 PORT 16
LAN RJ45
CEILING
SPKR15
Network Speaker
QSC
NL-C4
NETSW11 PORT 17
LAN RJ45
CEILING
SPKR16
Network Speaker
QSC
NL-C4
NETSW11 PORT 18
SPKR11 LAN
SPKR12 LAN
SPKR13 LAN
SPKR14 LAN
SPKR15 LAN
SPKR16 LAN
HDMI OUT 01
01 HDMI IN
HDMI
HDMI
02 HDMI INHDMI
USB 3.0USB-B
HDMI OUT 02 HDMI
HDMI OUT HDMI
LAN A / PWR RJ45
LAN B RJ45
AUDIO INTRSm
GPIO OUT TERM
RS232 TERM
03 HDMI INHDMI
GPIO INTERM
USB 3.0 USB-A
USB USB-A
USB USB-A
USB USB-A
LOCATION
ENCDR11
Encoder
QSC
NV-32-H
HDMI OUT 01
01 HDMI IN
HDMI
HDMI
02 HDMI INHDMI
USB 3.0USB-B
HDMI OUT 02 HDMI
HDMI OUT HDMI
LAN A / PWR RJ45
LAN B RJ45
AUDIO INTRSm
GPIO OUT TERM
RS232 TERM
03 HDMI INHDMI
GPIO INTERM
USB 3.0 USB-A
USB USB-A
USB USB-A
USB USB-A
LOCATION
DECDR11
Decoder
QSC
NV-32-H
HDMI INHDMI USB 3.0 USB
RACK
CNVTR11
HDMI Capture
Magewell
32060
NETSW11 PORT 08
PC11OFE LAN CLERK PCMICROPHONE SYSTEMCHARGERS SHARED BETWEEN ROOMS CONTROL SYSTEMVIDEO SYSTEM
SOUND REINFORCEMENT SYSTEM5601 6th Ave S, Suite 471
Seattle, WA 98108
206-829-8170
ProMect AGGress:
ProMect Name:
Scale: N.T.S Size: D
Set Name:
Issue Date:
REVISIONS
Rev Date Description
Sheet:
Title:
PIN DETAIL SHEET NOTES REVISIONS
FUTURE OWNER FURN REAR MOUNT
/egenG:
EQUIPMENT
NOTES
X X X
Engineer:
Drawn by:Last Saved By: SamAtkinson11.18.2022 08:23 AMFile Ref: AVB.000.000V3REF (1 - - -)
AUDIO (2 - - -)
SDI (3 - - -)
ASI (4 - - -)
NET (5 - - -)
CNTL (6 - - -)
COMMS (7 - - -)
RF (8 - - -)
MISC (9 - - -)
WIRE TYPES
Plot: 11.18.2022 08:43 AM
ProMect No:
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
A
B
C
D
E
F
G
H
I
J
K
L
515 Park Ave.
Bremerton, WA 98337
Bremerton Municipal Court
AV Systems
BID SET
11/18/2022
NOT FOR CONSTRUCTION
COURTROOM 1
0001
S. Atkinson
S. Atkinson
AUDIO INHDMI
CLERK
ALS21
ALS/Interpeter Transmitter
Listen Technologies
LKS-5-A1
NETSW21 PORT 17
CH 1 TERM
CH 2 TERM
CH 3 TERM
CH 4 TERMOUTPUT
LAN THRU RJ45
LAN POE RJ45
RACK
NAXPNDR21
Network Audio Expander
QSC
QIO-4Lo
NET RJ45
CEILING
MXWAPT21
Access Point Transceiver
Shure
MXWAPT8
JUDGE
WMIC21
Wireless Desktop Mic
Shure
MXW8
CLERK
WMIC22
Wireless Desktop Mic
Shure
MXW8
WITNESS
WMIC23
Wireless Desktop Mic
Shure
MXW8
PLANTIFF
WMIC24
Wireless Desktop Mic
Shure
MXW8
DEFENSE
WMIC25
WirelessDesktop Mic
Shure
MXW8
JURY
WMIC26
Wireless Boundary Table Mic
Shure
MXW6/O
SIDEBAR
WMIC27
Wireless Boundary Table Mic
Shure
MXW6/O
NET RJ45
RACK
CHG02
Networked Charging Station
Shure
MXWNCS8
HDMI OUT HDMI
USB USB
RJ45 RJ45
USBUSB
USBUSB
CLERK
PC21
CFE ZOOM PC
TBD
TBD
HDMI IN 01HDMI
HDMI IN 02HDMI
WALL
MON22
Video Monitor
TBD
TBD
NETSW21 PORT 12
RJ45
P02 RJ45
P03 RJ45
P04 RJ45
P05 RJ45
P06 RJ45
P07 RJ45
P08 RJ45
P09 RJ45
P10 RJ45
P11 RJ45
P12 RJ45
P13 RJ45
P14 RJ45
P15 RJ45
P16 RJ45
P17 RJ45
P18 RJ45
P19 RJ45
P20 RJ45
P01
P21
P22 RJ45
P23 RJ45
P24 RJ45
P25 RJ45
P26 RJ45
RJ45
AVRACK
NETSW21
26 Port POE++ Switch
NetGear
NS26-1440++
CHG01 LAN
MXWAPT21 LAN
CAM21 LAN
TS21 LAN
TS22 LAN
CNTRL21 LAN A
NETSW21 PORT 03
NETSW21 PORT 02
NET RJ45
WALL
CAM21
PTZ Camera
QSC
NC-20X60
NETSW21 PORT 09
LAN A RJ45
LAN B RJ45
USB 3.0 USB-A
USB 3.0 USB-A
USB 3.0 USB-A
USB 3.0 USB-A
USB 3.0 USB-B
USB 3.0 USB-C
RACK
CNTRL21
Audio Video & Control Processor
Q-SYS
Nano
LAN XLR
USB C USB-C
CLERK
TS22
Touch Screen
Q-SYS
TBD
LAN XLR
USB C USB-C
JUDGE
TS21
Touch Screen
Q-SYS
TBD
NETSW21 PORT 06
NETSW21 PORT 07
NETSW21 PORT 08
NETSW21 PORT 05
ENCDR21 LAN
DCDR 21 LAN
COURT
WMIC28
Wireless Handheld Mic
Shure
MXW2/SM58
COURT
WMIC29
Wireless Handheld Mic
Shure
MXW2/SM58
COURT
WMIC30
Wireless Handheld Mic
Shure
MXW2/SM58
NET RJ45
CEILING
MXWAPT22
Access Point Transceiver
Shure
MXWAPT4
NETSW21 PORT 04
MXWAPT22 LAN
CAM22 LAN
NET RJ45
RACK
CHG01
Networked Charging Station
Shure
MXWNCS8
NETSW21 PORT 01
LAN RJ45
JURY CEILING
SPKR22
Network Speaker
QSC
NL-C4
NETSW21 PORT 14
LAN RJ45
JURY WALL
SPKR23
Network Speaker
QSC
NL-C4
NETSW21 PORT 15
CHG02 LAN
NAXPNDR21 LAN
SPKR21 LAN
SPKR22 LAN
SPKR23 LAN
LAN RJ45
JURY CEILING
SPKR21
Network Speaker
QSC
NL-C4
NETSW21 PORT 13
LAN RJ45
JURY WALL
SPKR24
Network Speaker
QSC
NL-C4
NETSW21 PORT 16
HDMI OUT HDMI
CLERK
DOCCAM21
Document Camera
Elmo
MX-P3
SPKR24 LAN
HDMI OUT 01
01 HDMI IN
HDMI
HDMI
02 HDMI INHDMI
USB 3.0USB-B
HDMI OUT 02 HDMI
HDMI OUT HDMI
LAN A / PWR RJ45
LAN B RJ45
AUDIO INTRSm
GPIO OUT TERM
RS232 TERM
03 HDMI INHDMI
GPIO INTERM
USB 3.0 USB-A
USB USB-A
USB USB-A
USB USB-A
LOCATION
ENCDR21
Encoder
QSC
NV-32-H
HDMI OUT 01
01 HDMI IN
HDMI
HDMI
02 HDMI INHDMI
USB 3.0USB-B
HDMI OUT 02 HDMI
HDMI OUT HDMI
LAN A / PWR RJ45
LAN B RJ45
AUDIO INTRSm
GPIO OUT TERM
RS232 TERM
03 HDMI INHDMI
GPIO INTERM
USB 3.0 USB-A
USB USB-A
USB USB-A
USB USB-A
LOCATION
DECDR21
Decoder
QSC
NV-32-H
HDMI INHDMI USB 3.0 USB
RACK
CNVTR21
HDMI Capture
Magewell
32060
PC11OFE LAN CLERK PC
NET RJ45
WALL
CAM22
PTZ Camera
QSC
NC-20X60
NETSW21 PORT10
NETSW21 PORT 11 MICROPHONE SYSTEMCHARGERS SHARED BETWEEN ROOMS CONTROL SYSTEMVIDEO SYSTEM
SOUND REINFORCEMENT SYSTEM5601 6th Ave S, Suite 471
Seattle, WA 98108
206-829-8170
ProMect AGGress:
ProMect Name:
Scale: N.T.S Size: D
Set Name:
Issue Date:
REVISIONS
Rev Date Description
Sheet:
Title:
PIN DETAIL SHEET NOTES REVISIONS
FUTURE OWNER FURN REAR MOUNT
/egenG:
EQUIPMENT
NOTES
X X X
Engineer:
Drawn by:Last Saved By: SamAtkinson11.18.2022 08:23 AMFile Ref: AVB.000.000V3REF (1 - - -)
AUDIO (2 - - -)
SDI (3 - - -)
ASI (4 - - -)
NET (5 - - -)
CNTL (6 - - -)
COMMS (7 - - -)
RF (8 - - -)
MISC (9 - - -)
WIRE TYPES
Plot: 11.18.2022 08:44 AM
ProMect No:
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
A
B
C
D
E
F
G
H
I
J
K
L
515 Park Ave.
Bremerton, WA 98337
Bremerton Municipal Court
AV Systems
BID SET
11/18/2022
NOT FOR CONSTRUCTION
COURTROOM 2
0002
S. Atkinson
S. Atkinson
City of Bremerton – Municipal Court
AV Design and Integration Proposal
November 18, 2022
PAGE | 8
4. SCHEDULE
Proposed schedule
Due to global supply chain issues that have impacted our manufacturers, we have included a substantial
amount of time for procurement lead times, which are an estimate. Every effort will be made to reduce
lead times if possible.
We expect to work with the city to revise the schedule as required to complete the project. The
schedule assumes access to the facility during normal working hours.
CITY OF BREMERTON
CITY CLERK
REQUEST FOR PROPOSALS FOR ON CALL CONFLICT PUBLIC DEFENDER SERVICES ROSTER
Proposals marked “RFP Conflict Public Defender On Call Roster Pool” must be received by
5:00 PM on Thursday, September 8th, 2022:
Melinda Monroe
Contracts Administrator
City of Bremerton
345 6th Street, Suite 100
Bremerton, WA 98337
Any proposals received after the scheduled closing time for receipt will be rejected.
The point of contact for this project is Melinda Monroe at Melinda.monroe@ci.bremerton.wa.us or
(360) 473-5306.
The full text of the RFP is posted on the City website at www.BremertonWA.gov and hard copies can be
obtained from the City of Bremerton, Contract Administrator’s Office.
Page 1 of 4
INTERAGENCY REIMBURSEMENT AGREEMENT
BETWEEN
WASHINGTON STATE ADMINISTRATIVE OFFICE OF THE COURTS
AND
THIS REIMBURSEMENT AGREEMENT (Agreement) is entered into by and between
the Administrative Office of the Courts (AOC) and
(Court), for the purpose of reimbursing (Court) for
costs related to enhancing its audio and visual systems.
PURPOSE
The purpose of this Agreement is to provide reimbursements to assist Courts with
costs related to enhancing its audio and visual systems. These funds are intended
to be used for equipment and services related to the installation and set -up of
applicable equipment.
REIMBURSEMENT
A. Audio/Visual Reimbursement. AOC will reimburse the Court up to a
maximum of for payments made by the Court during the period
July 1, 2022 to June 30, 2023 related to the procurement and installation of
upgraded audio/visual equipment in its courtrooms.
B. General. AOC shall provide reimbursement to the Court for approved and
completed reimbursements by warrant or account transfer within 30 days of
receipt of a properly completed A-19 invoice and the completed data report as
required below.
PERIOD OF PERFORMANCE
Performance under this Agreement begins July 1, 2022, regardless of the date of
execution, and ends on June 30, 2023.
COMPENSATION
a. AOC will reimburse the Court up to a maximum of for payments
made by the Court during the period July 1, 2022 to June 30, 2023 related to the
procurement and installation of upgraded audio/visual equipment in its
courtrooms.
b. The Court shall submit invoices to AOC for expenditures no more frequently than
monthly, and no less frequently than quarterly. Invoices shall be submitted on
state form A-19.
c. Before payment can be processed, properly-completed A-19 invoices must be
submitted to payables@courts.wa.gov
d. If this agreement is terminated, the Court shall only receive payment for
performance rendered or costs incurred in accordance with the terms of this
agreement prior to the effective date of termination.
DocuSign Envelope ID: 9B863984-8D9B-4390-81E5-2419B711A3D4
Bremerton Municipal Court
$100,000.00
IAA23951
IAA23951
$100,000.00
Bremerton Municipal Court
Bremerton Municipal Court
Page 2 of 4
e. The Court shall maintain sufficient backup documentation of expenses under
this agreement.
f. Payments made by AOC within 30 days of receipt of a properly-completed A-19
invoice shall be deemed timely.
g. AOC, in its sole discretion and upon notice, may initiate revenue sharing and
reallocate funding among recipients of funding. If, in AOC’s assessment, the
Court is unlikely to expend the maximum agreement amount, AOC may reduce
the maximum agreement amount. AOC may increase the maximum agreement
amount if additional funds become available.
APPROPRIATIONS
The terms of this Agreement are contingent upon sufficient appropriations and
authorization being made by the Legislature of Washington State (Legislature) for
the performance of this Agreement. If sufficient appropriations and authorization are
not made or removed by the Legislature, this Agreement will terminate immediately
upon written notice being given by the AOC to the Court. The decision as to
whether appropriations are sufficient to perform the duties under this Agreement is
within the sole discretion of AOC.
AGREEMENT ALTERATIONS AND AMENDMENTS
This Agreement may be amended by agreement of the parties. Such amendments
are not binding unless they are in writing and signed by personnel authorized to
bind each of the parties.
INDEPENDENT CAPACITY
The employees or agents of each party who are engaged in the performance of this
Agreement shall continue to be employees or agents of that party and shall not be
considered for any purpose to be employees or agents of the other party.
RECORDS, DOCUMENTS, AND REPORTS
The Court shall maintain books, records, documents and other evidence of
accounting procedures and practices which sufficiently and properly reflect all direct
and indirect costs of any nature expended in the performance of this agreement.
These records shall be subject at all reasonable times to inspection, review, or audit
by personnel duly authorized by the AOC and the Office of the State Auditor, or so
authorized by law, rule, regulation, or agreement. The Court will retain all books,
records, documents, and other material relevant to this agreement for six years after
settlement, and make them available for inspection by persons authorized by this
provision.
RIGHT OF INSPECTION
The Court shall provide right of access to its facilities to the AOC, or any of its
officers, or to any other authorized agent or official of the state of Washington at all
reasonable times, in order to monitor and evaluate performance, compliance, and/or
quality assurance under this agreement.
DocuSign Envelope ID: 9B863984-8D9B-4390-81E5-2419B711A3D4
IAA23951
Page 3 of 4
DISPUTES
Disputes arising under this Agreement shall be resolved by a panel consisting of
one representative from the AOC, one representative from the Court, and a
mutually agreed upon third party. The dispute panel shall thereafter decide the
dispute with the majority prevailing. Neither party shall have recourse to the courts
unless there is a showing of noncompliance or waiver of this section.
TERMINATION
Either party may terminate this Agreement upon thirty (30) days written notice to the
other party. If this Agreement is so terminated, the parties shall be liable only for
performance rendered or costs incurred in accordance with the terms of this
Agreement prior to the effective date of termination.
GOVERNANCE
This Agreement is entered into pursuant to and under the authority granted by the
laws of the state of Washington and any applicable federal laws. The provisions of
this Agreement must be construed to conform to those laws.
In the event of an inconsistency in the terms of this Agreement, or between its terms
and any applicable statute or rule, the inconsistency will be resolved by giving
precedence in the following order:
a. Applicable state and federal statutes and rules;
b. This Agreement; and
c. Any other provisions of the agreement, including materials incorporated by
reference.
ASSIGNMENT
The work to be provided under this Agreement, and any claim arising hereunder, is
not assignable or delegable by either party in whole or in part, without the express
prior written consent of the other party, which consent shall not be unreasonably
withheld.
WAIVER
A failure by either party to exercise its rights under this Agreement does not
preclude that party from subsequent exercise of such rights and is not a waiver of
any other rights under this Agreement unless stated to be such in a writing signed
by an authorized representative of the party and attached to the original Agreement.
SEVERABILITY
If any provision of this Agreement, or any provision of any document incorporated
by reference is held invalid, such invalidity does not affect the other provisions of
this Agreement which can be given effect without the invalid provision and to this
end the provisions of this Agreement are declared to be severable.
DocuSign Envelope ID: 9B863984-8D9B-4390-81E5-2419B711A3D4
IAA23951
Page 4 of 4
AGREEMENT MANAGEMENT
The program managers noted below are responsible for and are the contact people
for all communications and billings regarding the performance of this Agreement:
ENTIRE AGREEMENT
This Agreement contains all the terms and conditions agreed upon by the parties. No
other understandings, oral or otherwise, regarding the subject matter of this
Agreement are considered to exist or to bind any of the parties to this agreement
unless otherwise stated in this Agreement.
AGREED:
Administrative Office of the Courts
Signature Date Signature Date
Christopher Stanley
Name Name
Chief Financial and Management Officer
Title Title
AOC Program Manager Court Program Manager
Kyle Landry
PO Box 41170
Olympia, WA 98504-1170
Kyle.Landry@courts.wa.gov
(360) 218-6096
DocuSign Envelope ID: 9B863984-8D9B-4390-81E5-2419B711A3D4
tracy.flood@ci.bremerton.wa.us
Judge Tracy Flood
Bremerton Municipal Court Presiding Judge
550 Park Ave
Tracy Flood
Phone
IAA23951
7/27/2022
Bremerton, WA 98337-1423
7/28/2022
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: January 25, 2023
Set Annual Compensation for the Bremerton
Municipal Court Judge effective July 1, 2022
COUNCIL MEETING Date: February 1, 2023
Department: Municipal Court
Presenter: Judge Tracy Flood
Jennefer Johnson
Phone: (360) 473-5242
SUMMARY:
On August 3, 2022 the court submitted to council an amendment for the Judge’s salary to reflect a
new salary of $183,744.65 effective July 1, 2022. This salary was based on the Trial Court
Improvement program which requires the municipal court judges who are elected, to have the judge’s
salaries set at 95-100% of the District Court Judge’s salaries, which is $193,447. The salary is set by
the Washington Citizens Commission on salaries for elected officials.
The proposal that was submitted included the deferred compensation as part of the calculation for
the Judge’s salary. The deferred compensation cannot be calculated into the judge’s salary as it is
supplemental retirement program. In speaking with AOC, when calculating the Judge salary for the
95% rule benefits that include social security and retirement are not to be considered. The previous
information was from an outdated 2018 document that was not previously verified as current.
In order to continue to receive funds from the Trial Court Improvement, the judge’s salary needs to
be retroactively corrected to July 1, 2022, to meet the minimum threshold of 95%.
By correcting this error it will meet the 95% requirement of the program, as this is urgent matter as
the Judge has to certify with AOC that she is receiving the correct salary amount. Judge Flood is
currently receiving a salary of $175,706.72, which is not in compliance with the Trial Court
Improvement Fund program.
ATTACHMENTS:
1. Email Communications with AOC
2. Certification form
FISCAL IMPACTS (Include Budgeted Amount): The fiscal impact would be a loss to the court in
the amount $21,548 a year from the program.
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 (not including
deferred compensation) effective 7/1/2022.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
A6
ADMINISTRATIVE OFFICE OF THE COURTS
ANNUAL CERTIFICATION OF ELIGIBILITY
FOR TRIAL COURT FUNDING AS PROVIDED IN E2SSB 5454
WASHINGTON STATE DISTRICT AND QUALIFYING MUNICIPAL COURTS
Information provided through annual salary certification is used to calculate
distribution of available funding to district and qualifying municipal courts.
Distribution will be made only after all qualifying courts have submitted
certification forms.
Please note: The certification form must be submitted by the presiding judge
(transmitted directly from the presiding judge’s computer).
Municipal Courts qualify for funding if the judge serves in an elected position and
receives a salary that is 95% to 100% of a district court judge’s salary. The District
Court judges’ annual salary may be found at http://www.salaries.wa.gov/salary
This certification form requests that you stipulate how many full/part time judges you
have and what the annual salary is for same. Please return this form via email for
quickest processing. You may also submit the certification non-electronically either
by fax or mail. Payment to the courts cannot take place until this form is returned.
Certification for Calendar Year 2023
Court Name Bremerton Municipal
Number of Judicial FTEs 1
Enter the number of judicial FTEs (judges only) within the court. Partial FTEs may
be entered as 1.25, .75, etc. This number represents the actual amount of time the
judge(s) will work and be paid for during the year. Full time = 1.00 FTE,
Half time = .50 FTE, and so on.
Annual Salary $
Date certified
Certified by (Presiding Judge):
Typed name will be accepted as signature if sent electronically.
Please send completed form to Helen Swenson.
Via e-mail: Helen.Swenson@courts.wa.gov
Via fax: 360.956.5700
Via US Mail: Administrative Office of the Courts
PO Box 41172
Olympia, WA 98504-1172
If you have any questions, please contact Helen Swenson at (360) 705-5241.
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: January 25, 2023
Amendment No. 2 to the Interlocal
Agreement between the Transportation
Benefit District of Bremerton and the
WA State Department of Licensing
COUNCIL MEETING Date: February 1, 2023
Department: Finance
Presenter: Mike Riley
Phone: (360) 473-5306
SUMMARY:
In March 2016 Ord. 5297 dissolved the Transportation Benefit District as an independent business
entity and the City of Bremerton assumed the powers, functions and obligations of the Bremerton
Transportation Benefit District including obligations held under agreements which encumbered the
TBD. Pursuant to this Ordinance, the City of Bremerton has been asked by the Department of
Licensing to amend the current Agreement between the Department of Licensing and the Bremerton
Transportation Benefit District. This amendment shortens the time, from 180 days to 120 days, in
which the City must implement fee collection procedures for citizens once a new fee ordinance is
passed by the City. It also adds the term “Fee Collection” to the agreement.
ATTACHMENTS: Original Agreement; Amendment 1 to the Original Agreement; Ord. 5297;
Amendment 2 to the Original Agreement
FISCAL IMPACTS (Include Budgeted Amount): none
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve Amendment 2 to the agreement between the Department of Licensing and the
Transportation Benefit District 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
A7
DocuSign Envelope ID: A80871A6-915A-4685-AF7A-A979539F4BA28/18/2016
DocuSign Envelope ID: A80871A6-915A-4685-AF7A-A979539F4BA2
DocuSign Envelope ID: A80871A6-915A-4685-AF7A-A979539F4BA2
ORDINANCE NO. 5297
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, assuming the rights, powers, functions,
and obligations of the City of Bremerton Transportation Benefit
District and amending Chapter 11.25 of the Bremerton Municipal
Code entitled "Transportation Benefit District".
WHEREAS, Chapter 36.73 RCW and RCW 35.21.225 authorizes cities to
establish a transportation benefit district within the city's jurisdiction for the purpose of
acquiring, constructing, improving, providing, and funding transportation improvements within
the district that are consistent with existing state, regional, and local transportation plans and
necessitated by existing or reasonably foreseeable congestion levels; and
WHEREAS, the City Council of the City of Bremerton ("City Council") found it
to be in the best interests of the City to establish a city wide Transportation Benefit District
consistent with Chapter 36.73 RCW, for transportation improvements that improve modal
connectivity and for the preservation and maintenance of the City's transportation infrastructure,
to reduce the risk of transportation facility failure, to improve safety, to continue optimal
performance of the infrastructure over time, to avoid more expensive infrastructure replacements
in the future and to implement the City's transportation improvement plan; and
WHEREAS, the City Council of the City of Bremerton passed Ordinance No.
5076, amended by Ordinance No. 5245, establishing the Bremerton Transportation Benefit
District as authorized by RCW 35.21.225 and subject to the provisions of RCW 36.73; and
WHEREAS, the Bremerton Transportation Benefit District includes the entire
City of Bremerton as the boundaries currently existed when established or as expanded upon
annexation; and
WHEREAS, pursuant to RCW 36.73.030(3), the members of the City Council,
acting ex officio and independently, constitute the governing body of the Bremerton
Transportation Benefit District; and
WHEREAS, during the 2015 legislative session, the State Legislature passed
Second Engrossed Substitute Bill 5987, Chapter 44, Laws of 2015, now codified as Chapter
36.74 RCW; and
WHEREAS, RCW 36.74.010 authorizes any city in which a Transportation
Benefit District has been established pursuant to Chapter 36.73 RCW with boundaries
coterminous with the boundaries of the city to assume the rights, powers, functions, and
obligations of the Transportation Benefit District; and
WHEREAS, in order to assume the rights, powers, functions, and obligations of a
transportation benefit district established by a city, the city legislative authority must adopt an
1
Assumption of TBD—Ordinance
ordinance or resolution indicating its intention to conduct a hearing concerning the assumption of
such rights, powers, functions, and obligations; and
WHEREAS, the ordinance or resolution of intention must be published at least
two times during the two weeks preceding the scheduled hearing in newspapers of daily general
circulation printed or published in the city in which the Transportation Benefit District is located;
and
WHEREAS, on February 17, 2016, the City Council adopted Resolution No.
3263 which declared the City Council's intention to consider the assumption of the rights,
powers, functions and obligations of the Bremerton Transportation Benefit District, and
scheduled a public hearing for March 16, 2016 so that all persons interested may appear and be
heard; and
WHEREAS, Resolution No. 3263 was published March 3, 2016 and March 10,
2016; and
WHEREAS, on March 16, 2016, the City Council conducted the scheduled
public hearing to allow all persons interested in the proposed assumption the opportunity to be
heard, to hear those appearing and all protests and objections to it, if any; and
WHEREAS, following the conclusion of the public hearing, the City Council
determined that the public interest and welfare would be satisfied by the City's assumption of
the rights, powers, functions and obligations of the Bremerton Transportation Benefit District
and therefore declared its intent to assume the rights, powers, functions and obligations of the
District; and
WHEREAS, the City Council desires to continue the work and functions of the
Bremerton Transportation Benefit District as defined in state law and Ordinance No. 5076, as
amended by Ordinance No. 5245, without the necessity of maintaining a separate entity; and
WHEREAS, the City's assumption of the rights, powers, functions and
obligations of the Bremerton Transportation Benefit District would provide for more efficient
administration of transportation maintenance and improvement funds previously authorized to
be collected and expended by the District; and
WHEREAS, the City Council finds that it is in the City's best interest to assume
the rights, powers, immunities, functions, and obligations of the Bremerton Transportation
Benefit District; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The recitals set forth above are hereby incorporated as if
set forth herein in full.
SECTION 2. Assiunption o,Bremer•ton Transportation Benef t District.
Pursuant to RCW 36.74.010 and as set forth in Section 3 below, the City of Bremerton does
2
Assumption of TBD—Ordinance
hereby assume all of the rights, powers, immunities, functions, and obligations of the Bremerton
Transportation Benefit District, and the City of Bremerton is hereby vested with each and every
right, power, immunity, function, and obligation currently granted to or possessed by the
Bremerton Transportation Benefit District as of the effective date of this ordinance. The rights,
powers, functions and obligations previously exercised and/or performed by the governing
body of the Bremerton Transportation Benefit District are hereby assumed by and transferred
to the City of Bremerton CityCouncil. By adoption of this ordinance, the Bremerton
Transportation Benefit District will cease to exist as a separate entity.
SECTION 3. Chapter Amended. Chapter 11.25 of the Bremerton Municipal
Code entitled "Transportation Benefit District" is hereby amended as follows:
Chapter 11.25
ASSUMPTION OF TRANSPORTATION BENEFIT DISTRICT
11.25.010 TRANSPORTATION BENEFIT DISTRICT
ASSUMED.
Tt, o.l ., +r ,,....+:,,., l.o o+a;r,;f f„l.0 1. t,o u,-o o„
t:..,...,..'.," ..""` -"----' '... ,.- -----'---- --- ---- ------------
nisrr vrca 9n Cti-kv Tl:.-:..+ . .;+1, .0 1.:...,1 1... .,.i., o 7 ,F+l,o
1' '+ *t,o !":+.. 1,0.. „ „+1.,o ;r, tL,o...„ o : F 11,,..,:.,,. ,,,,.o
a„F. ,.,......
i r v r n r
n
The Citv Council bv Ordinance No. 5076, as amended bv Ordinance No. 5245,
established a Transportation Benefit District with ego-aphical boundaries comprised of the
corporate limits of the Citv as thev existed or as subsequentiv annexed, known as the Bremerton
Transportation Benefit District or("District"). RCW 36.74.010 authorizes anv citv in which a
Transportation Benefit District has been established pursuant to Chapter 36.73 RCW, with
boundaries coterminous with the boundaries of the city to assume the ri ts, powers, functions,
and obligations of the Transportation Benefit District. As authorized pursuant to RCW
36 74 O10 the City of Bremerton assumes all of the rights, powers, functions, and obli ations
of the District previouslv established in this chapter, and the Citv of Bremerton is herebv
vested with each and every ri h t power function and obli at ion ranted to or possessed by the
Bremerton Transportation Benefit District under Chapter 36.73 RCW, Chanter 36.74 RCW,
this chapter and/or any other applicable law as currentiv enacted and subsequentiv amended.
Bv this assumption of the ri tsipowers functions and obli ations of the District, the
Bremerton Transportation Benefit District will cease to exist as a separate entitv.
11.25.020 GOVERNING BOARD.
Tl. l. ,7 ,'+L.e T,-,,«.,,.-.,+:,..,. o.„f: Tl:*«,. l.ll 1.o tL.o
b.,...., .b ....... ... ..._ _..,.--r-------- ------- -------- ---
t •. r t +• o „,.:,, .,.,a ;ao,.o.,ao.,+ ,. ,,:+., ...;,,t, t,,,i t,,,..o+t,o
J C 1-
n^ '
l.
o\
TL. + f'1,o T.- .,.- ' i]o o+ Tl:+.- .+ L..,11 l.o+L.e /';+onr
t eo....:,, r:..o„,...
TL. I] .7 1, 11 ,a „1,.... ., +o.: 1 L. 1' ..,a,7.-o..., ,., «1.,..
b Y J r
F.-*L, :.. D!`\ll 2 '7Z 1 Ill1 L
3
Assun:ption of TBD—Ordinance
a—1 v
aia
ti.
u icc...'. ..
aa .......,... :.
o.,.i'.')
Y»..,».'..
r 4+ 4 a_rn i rarr.o...., .,
or-x z nr
As authorized pursuant to RCW 36.74.030(2), the overning bodv of the Bremerton
Transportation Benefit District established pursuant to RCW 36.73.020 is herebv abolished and
the Citv of Bremerton Citv Council ("Citv Council") hereby assumes and is vested with all the
ri ts,powers, functions and obli at'ion_s previously vested, exercised and/or performed by the
overnin bodv of the Bremerton Transportation Benefit District.
11.25.030 AUTHORITY OF THE CITY.
Tb, i] .a L, 11 1,., .7 .+-. io.l b,.,1 , .1 11 +l,o
n .,..,.. ,..,,, .........,... .....:..,..,.. »::!Y:'.': 1:,:`........ .. ..... .., ._.._... ____ r^_r_..
e F1,o Tl'n4rin4
The Citv shall have the authority to exercise the ri ts, powers, functions and
obligations powers set forth in this chapter and Chapter 36.73 RCW, as currently enacted and
subsequentiv amended, including,but not limited to:
a) imposin a vehicle fee pursuant to RCW 36.73.065,
b) implementing a material chan egpolicYpreviouslvadoptedbYtheBremerton
Transportation Benefit District to address maior plan changes that affect project delivery of the
abilitv to finance the plan pursuant to the requirements set forth in RCW 36.73.160(1), and
c) fundin t ransportation improvements as authorized pursuant to Subsection
11.25.040 below.
11.25.040 TRANSPORTATION IMPROVEMENTS FUNDED.
Tl, .a o.a 1,..+L,o T,..,..,..,,-++;.,,, i2o..a_ti11;*,-:.., .L.o, ,a F.- ., o
o..o
b...».. ..J ." "..."..Y_."_."-- --"---- --'""---- -----./ -- -'--- --- .. i---'r---
f
l..l.. .,L.10 .;.. 1 o el L,.,..+o.-'2 '7Z D''\il Tl.o
0 0o
w. .,..i_. ..... .. . ..,..
f
7
E A.a.7'+'., .,1 ..,,..,..++:... : o o..Y,.-..:o.,+ .,L.o T1:..F..:,.+.., ,l.o ,.,,ao,7
r
rY
r .r
1 , .,+o.-,. «1;.,,,..o. .;1+ +l+o.+ F D!'il 2ti 7Z ncn i.
v.v v.
The revenues generated by the exercise of the powers granted in Section 11.25.030
and/or Chapter 36 73 RCW ma be used for anypurpose allowed bv law to make transportation
improvements that are consistent with existin state re ional, and local transportation plans and
necessitated by existin or reasonably foreseeable con estion levels pursuant to Chapter 36.73
RCW The transportation improvements funded bv the City shall be made in an effort to nrotect
the Citv's lon¢ term investments in its infrastructure. to reduce the risk of transportation facilitv
failure to improve safety, to continue optimal erformance of the infrastructure over time, to
avoid more expensive infrastructure re lacements in the future and to improve modal
connectivitv within the Citv of Bremerton. Any expansion of these authorized purposes mav be
funded only after compliance with the rovisions of RCW 36.73.050(b) or a vote of the people
pursuant to RCW 36.73.065(c).
c.
Tc
n n ecnr iTTil11U !1L'11iCTDri=,c
Q L.' + + tl, 4'D!"\II 2 '12'7!1 +l,o Tr .,,-*.,*;.,., ao,-,o+ Tl:+.-;.,* l,.,tl l,o
r
4
Assumption of TBD— Ordinance
11.25.050 NO EXISTING RIGHTS IMPAiRED.
Pursuant to RCW 36 74 040 nothin Ln this ordinance shall be construed as impairin or
altering any existin ri hts accLuired by the Bremerton Transportation Benefit Distnct under
Chakter 36 73 RCW this cha ter or an o ther provision of law applicable to transportatton
benefit districts Nor does this assumption imQair or alter anv actions activities or proceedin s
validated thereunder• anv civil or criminal proceedincs instituted thereunder• anv rule,
re ulation or order promul ated thereunder• anv administrative action taken thereunder; nor the
validit of anv act performed bv the Bremerton Transportation Benefit District or division
thereof or any officer thereof prior to the assumption of such ri hts powers funct ons, and
obli atigonsbytheCitvasauthorizedbvlaw.
11 25 060 RULES,REGULATIONS,PENDING BUSINESS,AND
CONTRACTS.
Pursuant to RCW 36 74 O50(1) all rules and regulations and all pendin business before
the board of the Bremerton Transportation Benefit District shall be continued and acted upon by
the Citv Council In addition pursuant to RCW 36 74 O50(2) all existin contracts and
obli ations of the Bremerton Trans ortation Benefit District remain in full force and effect and
will be performed b the City The assumption does not affect the validity of anv official act
performed by anv official or em lovee prior to the assumption authonzed m this ordinance.
11 25 070 REPORTS,BOOKS,AND RECORDS.
Pursuant to RCW 36 74 060(1) all reports documents survevs books, records, files,
papers or other writings relatina to the administration of the nowers, duties and functions
available to the Bremerton Trans ortation Benefit District shall be made ava lable to the Citv.
11 25 080 FUNDS, CREDITS, APPROPRIATIONS,FEDERAL GRANTS,
OR OTHER ASSETS.
Pursuant to RCW 36 74 060(2) all funds credits or other assets held in connection:
with ri hts owers duties and functions of the Bremerton Transnortation Benefit Distnct
assumed hereunder shall be assigned to the City Further pursuant to RCW 36.74.060(3), anv
ap ropriations or federal ant made to the Bremerton Trans ortation Benefit Distnct if anny
for the purpose of carrying out the ri hts powers functions, and obli ations authorized to be
assumed bY the Citv must on the effective date of the assumption be credited to the Citv for
the purpose of carrying out such assumed ri ts powers functions and obli ations.
11.25.090. ASSUMPTION OF 1NDEBTEDNESS.
Pursuant RCW 36 74 070 the City assumes and a¢rees to provide for the navment of all
of the indebtedness of the Bremerton Transportation Benefit District includin the vavment
and retirement of outstanding eneral obli¢ation and revenue bonds (if anv) issued bv the
Bremerton Transportation Benefit District.
5
Assumption of TBD—Ordinance
11.25.8HA100 LIBERAL CONSTRUCTION.
As authorized pursuant to Chapter 36.73 RCW, this chapter shall be liberally construed to
permit the accomplishment of its purposes.
SECTION 4. 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 S. 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 thel6th day of March, 2016.
ERIC YOU ER, ncil President
Approved this l 9 day of 2016
PATTY L , ayor
ATTEST: APPROVED AS TO FORM:
SHANNON CORIN, Crty Clerk RO ER A. LUBOVICH, 'orney
PUBLISHED the a
h day of l I G rc h 2016
EFFECTIVE the— day of V i 2016
ORDINANCE NO. j
R\Legal`•,L,cgal`,.Filcs\Currcnt Acuve Files\Transportation Benefit District\Ordinance-Assumption of TBD-2016`2016 Ordinance-Assumption
of TBD-Final.docx
6
Assumption of TBD—Ordinance
AFFIDAVIT OF PUBLICATION
Account#342133 AD#1006240
STATE OF WASHINGTON
COUNTY OF KITSAP
I, Teresa Hull, being first duly sworn on oath, deposes and says: That she is now, and at all times embraced in
the publication herein mentioned was the principal clerk of the printers and publishers of KITSAP SiJN; that
said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap,
in which County it is published and is now and has been for more than six months prior to the date of the publi-
cation hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton,
Kitsap County, Washington, a weekly newspaper in Kitsap County, Washington and is now and during all of
said time, was printed in an office maintained in the aforesaid place of publication of said newspaper; that the
following is a true text of an advertisement as it was published in regular issues (and not in supplement form) of
said newspaper on the following date, to wit:And on
March 25, 2016
such newspaper was regularly distributed to its subscribers during all of said period. The full amount of the fee
charged for the foregoing publication is the sum of$59.28. This amount has not been paid in full.
Notary Public
State of Washington
TISHA SULLIVAN
My Appointment Expires Aug 4, 2ot8 Signature of Principal Clerk)
Subscribed and sworn to before me this day of March 25, 2016.
t A-
ORDINANCE N0.5297
AN ORDINANCE of the
City Council of the City of
Bremerton, Washington,
assuming the rights,powers,
functions,and obligations of
the City of Bremerton Trans-
portation Benefit District
and amending Chapter 11.25
of the Bremerton Municipal
Code entitled "Transporta-
tion Benefit District:'
PASSED by the City Council on
the 16th day of March,2016.
The full text of this ordinance
is available from the City
Clerk's Office, 345 Sixth
Street,Suite 600,Bremerton,
WA 98337.
MARCH 25,2016
AD#1006240
K2614-02 Page 1 of 1
CONTRACT AMENDMENT BETWEEN
DEPARTMENT OF LICENSING
AND
BREMERTON TRANSPORTATION BENEFIT
DISTRICT (TBD)
DOL Contract No. K2614
Amendment No. 2
Amendment
The purpose of this amendment is to:
1. Update DOL Contract Manager, effective immediately;
2. Add the following language to the “Fee Collection” section of the contract.
- “A change in the amount of fee collected will be implemented no less than one hundred twenty (120) days from the
time the DOL Contract Manager receives a copy of the signed and dated Ordinance or Resolution changing the fee.”
Contractor
Contract manager
Melinda Monroe
(Area code) Telephone
E-Mail melinda.monroe@ci.bremerton.wa.us
Department of Licensing (DOL)
Contract manager
Brad DeVol
(Area code) Telephone
(360) 634-5131
E-Mail bdevol@dol.wa.gov
Attachments (when applicable)
N/A
The execution of this Amendment shall constitute a ratification of any earlier agreement between the parties,
hereto, the terms and conditions of which are contained herein. The parties have executed this Amendment as
the later signature dates included below. All other terms and conditions of the original Contract and any
subsequent amendments there to remain in full force and effect. The parties hereby acknowledge and accept the
terms and conditions of this amendment which is executed by the persons signing below who warrant that they
have the authority to execute it on behalf of DOL and the Contractor.
Contractor Date
Department of Licensing Date
Name Greg Wheeler Name
Evelyne Lloyd
Title City Mayor Bremerton
Print Title
Assistant Director, Administrative Services Division
Department of Licensing
E-Mail Greg.Wheeler@ci.bremerton.wa.us E-Mail ELloyd@dol.wa.gov
Phone (360) 473-5266 Phone (360) 902-4044