HomeMy WebLinkAbout02/15/2023 CITY COUNCIL AGENDA PACKET
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CITY COUNCIL 345 6 Street, Suite 100, Bremerton, WA 98337 - Phone (360) 473-5280
* * * F I N A L * * *
WEDNESDAY, FEBRUARY 15, 2023
CITY COUNCIL HYBRID MEETING AGENDA
Most Council Members and staff will be participating in the meeting in-person, and the public is invited to
attend. Or beginning at 5:30 PM, the public may participate remotely through one of the following options:
To stream online only (via BKAT Feed, with no interaction possible):
https://bremerton.vod.castus.tv/vod/?live=ch1&nav=live
Members of the public are invited to join the Zoom Meeting by clicking on the link below:
https://us02web.zoom.us/j/84900875929?pwd=YUNuUmVZSHgrUlBqdUlRd0V3RGlWZz09
Or One tap mobile:
US: +12532158782,,84900875929#,,,,*173061# or +12532050468,,84900875929#,,,,*173061#
Or Telephone: Dial (for higher quality, dial a number based on your current location):
US: +1 253 215 8782 or +1 253 205 0468 or +1 669 444 9171 or +1 669 900 6833
Webinar ID: 849 0087 5929
Passcode: 173061
Public questions or comments may be submitted ahead of time to City.Council@ci.bremerton.wa.us
1. BRIEFING: 5:00 5:30 P.M. in COUNCIL CONFERENCE ROOM 603
A. Review of Agenda
B. General Council Business
2. CALL TO ORDER: 5:30 P.M. in FIRST FLOOR CHAMBERS
3. MAYOR'S REPORT
4. CONSENT AGENDA
A. Claims & Check Register
B. Minutes of Joint Planning Session January 28, 2023
C. Minutes of Meeting February 1, 2023
D. Minutes of Study Session February 8, 2023
E.
Company
F. Ordinance No. 5468 amending Section 2.50.032 of the Bremerton Municipal Code relating to
Promotions, Salary, and Benefits
G. Change Order No. 2 to Contract with Active Construction, Inc. for Oyster Bay Beach Sewer
Upgrades Project
5. PUBLIC RECOGNITION This is an opportunity for attendees to address the Council on any City-
related item that is not already listed on the Agenda. Please line up at the podium or raise your
Zoom hand if viewing remotely and wait to be recognized by the Council President. Then, state your
name for the record, and limit your comments to under 3-
Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations please
contact the City Clerk at (360) 473-5323 at least 24 hours prior to the Meeting.
6. GENERAL BUSINESS
A. Street Fund Budget Adjustment for the PSE-owned Streetlight LED Conversion Program Item
B. Public Works Agreement with Utter Associates, Inc. for Audio Visual Equipment Design and
Install at Bremerton Municipal Court; and Budget Adjustment to Trial Court Improvement Fund
Item added
7. COUNCIL MEMBER REPORTS
8. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING
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AGENDA BILL
CITY OF BREMERTON
4A
CITY COUNC IL
SUBJECT: Study Session Date: N/A
Claims & Check Register COUNCIL MEETING Date: February 15, 2023
Department: Legal Services
Presenter: Angela Hoover
Phone: (360) 473-5323
SUMMARY:
Approval of the following checks and electronic fund transfers:
1. Check Numbers 401738-401892 and Electronic Fund Transfers V36829-V36909 in the grand
total amount of $3,209,171.28
2. Regular Payroll for pay period ending January 31, 2023 in the amount of $1,096,102.23
3. Regular Payroll Payout for pay period ending January 31, 2023 in the amount of $22,510.13
ATTACHMENTS:
FISCAL IMPACTS (Include Budgeted Amount):
STUDY SESSION AGENDA: Limited Presentation Full Presentation
STUDY SESSION ACTION: Consent Agenda General Business Public Hearing
RECOMMENDED MOTION:
Move to approve the consent agenda as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
AGENDA BILL
CITY OF BREMERTON
4B
CITY COUNCIL
SUBJECT: Minutes of Joint Planning Study Session Date: N/A
Session January 28, 2023
COUNCIL MEETING Date: February 15, 2023
Department: City Council
Presenter: Council President
Phone: (360) 473-5280
SUMMARY: The Minutes of Joint Planning Session held on January 28, 2023 are attached.
ATTACHMENTS: Meeting Minutes
FISCAL IMPACTS (Include Budgeted Amount): None
STUDY SESSION AGENDA: N/A
STUDY SESSION ACTION: Consent Agenda General Business Public Hearing
RECOMMENDED MOTION:
Move to approve the January 28, 2023 Meeting Minutes as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/3/17
DIGITAL RECORDING
CITY COUNCIL JOINT PLANNING SESSION MINUTES
Saturday, January 28, 2023
A Joint Planning Session with the City Council, Mayor, Judge, and Department Directors of the City
of Bremerton was called to order on Saturday, January 28, 2023 at 9:00 AM at Gold Mountain Golf
Course with Council President Jeff Coughlin presiding. Council Members present were Eric
Younger, Anna Mockler, Quinn Dennehy, Denise Frey, and Jennifer Chamberlin. Council Member
Michael Goodnow was absent. Legislative Office Manager Lori Smith was present to provide staff
support.
Also in attendance were Mayor Greg Wheeler, City Attorney Kylie Finnell, Financial Services Director
Mike Riley, Police Chief Tom Wolfe, Fire Chief Pat McGanney, Public Works & Utilities Director Tom
Knuckey, Community Development Director Andrea Spencer, Parks & Recreation Director Jeff
Elevado, Municipal Court Judge Tracy Flood, and Municipal Court Administrator Jennefer Johnson.
Citizen Jane Rebelowski was present to listen in.
President Coughlin welcomed and thanked everyone for taking time on a Saturday to participate
in the Joint Planning Session. He established that the intent of the Joint Planning Session was to
review 2022 Council Goals & Priorities to determine which Goals would move forward and to
establish the 2023 Council Goals & Priorities. The Session began with an Ice Breaker by asking
Quick Review of 2022 Council Goals:
Uncompleted Items Move to Prioritization for 2023 Consideration
In-Depth Discussions:
Race Equity Commission and DEI Position
Craft a Path Forward for Race Equity Commission and DEI Position Roles and
Responsibilities
President Coughlin called a break from 11:02 to 11:11
Public Safety and Support
Review Blake Decision and Marysville Ordinance
Discuss Funding of Emergency Services
Review City Policy and Laws Regarding Homelessness
Discuss City Human Health & Resources Department
Economic Development
Discuss Strategies to Fill Vacant Storefronts
Discuss How to Best Support New and Existing Businesses
Communications
Discuss City Communications and Possible Creation of a Communication Director Position
President Coughlin called a lunch break from 12:13 to 1:15 PM
Municipal Court Briefing
Power Point slides were presented
Goals for 2023; and Highlights from 2022
Staffing Needs
City Council Joint Planning Session Minutes
Saturday, January 28, 2023
Page 2 of 2
Prioritization:
President Coughlin
President Coughlin called a break from 2:51 to 2:57 PM
General Council Business:
Review of Committee Assignments and Procedures
Responsibilities for Following Through on Council Goals
Wrap-up by President Coughlin:
Continued discussion has been scheduled for the Study Sessions on February 8, 2023 and
February 22, 2023.
With no further business, President Coughlin adjourned the Joint Planning Session at 3:31 PM.
Prepared and Submitted by:
_______________________________
LORI SMITH, Legislative Office Manager
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APPROVED by the City Council on the 15 day of February, 2023.
________________________________________
JEFF COUGHLIN, City Council President
ATTEST:
________________________________________
ANGELA HOOVER, City Clerk
JC:AH:ls:cg
AGENDA BILL
CITY OF BREMERTON
4C
CITY COUNCIL
SUBJECT: Minutes of Meeting February Study Session Date: N/A
1, 2023
COUNCIL MEETING Date: February 15, 2023
Department: City Council
Presenter: Council President
Phone: (360) 473-5280
SUMMARY: The Minutes of Meeting held on February 1, 2023 are attached.
ATTACHMENTS: Meeting Minutes
FISCAL IMPACTS (Include Budgeted Amount): None
STUDY SESSION AGENDA: N/A
STUDY SESSION ACTION: Consent Agenda General Business Public Hearing
RECOMMENDED MOTION:
Move to approve the February 1, 2023 Meeting Minutes as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/3/17
DIGITAL RECORDING
CITY COUNCIL HYBRID MEETING MINUTES
Wednesday, February 1, 2023
The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday,
February 1, 2023, at 5:00 PM in Council Conference Room 603 of the N ORM D ICKS G OVERNMENT
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C ENTER, 345 6 Street, Bremerton, Washington, with Council President Jeff Coughlin
presiding. Council Members present were Eric Younger, Anna Mockler, Michael Goodnow, Quinn
Dennehy, Denise Frey, and Jennifer Chamberlin. At 5:30 PM, the meeting moved to the First Floor
Meeting Chambers. Also present were City Attorney Kylie Finnell; Assistant City Attorney Brett
Jette, Legislative Office Manager/Deputy City Clerk Lori Smith; Financial Services Director Mike
Riley; and IT Manager Dave Sorensen. City Clerk Angela Hoover was absent.
President Coughlin announced the City Council is conducting the Council Meeting in-person with
an option for the public to join in person, participate via Zoom, or view on BKAT, because
Community involvement is encouraged;
CONSENT AGENDA
4A Check Numbers 401472 through 401737 and Electronic Fund Transfers V36697 through
V36828 in the grand total amount of $6,629,763.06; Regular Payroll (Payout) for pay period
ending January 15, 2023 in the amount of $2,499.31; and Retiree Payroll for pay period
ending January 31, 2023 in the amount of $51,122.13
4B Minutes of Meeting January 18, 2023
4C Minutes of Meeting January 25, 2023
4D Professional Services Agreement with Parametrix, Inc. for the Design of the Francis Street
Outfall Improvements Project
4E Contract Modification Agreement No. 3 with Herrera Environmental Consultants for the Pine
Road Stormwater Improvements Project
4F Amendment No. 2 to the Interlocal Agreement between the Transportation Benefit District
of Bremerton and the WA State Department of Licensing
There were no questions or comments from the public
5:35 PM M/S/C/U (Dennehy/Frey) Move to approve the C ONSENT A GENDA as presented.
Mayor Wheeler
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Project, Pine
Road Basin Flooding Mitigation Project, and Pump Station 14 Relocation
PUBLIC RECOGNITION Questions and comments from the public were submitted by Downtown
Bremerton Association Executive Director Erinn Hale, Rev. Mike Wellington, Jo Walter, Chair of
the Homelessness Connection Lisa Lechuga, Jane Rebelowski and Marwan Cameron; with
responses provided by President Coughlin and Public Works Director Tom Knuckey
GENERAL BUSINESS
6A CONTRACT MODIFICATION NO. 2 TO GOODS & SERVICES AGREEMENT WITH AT
WORK COMMERCIAL ENTERPRISES, LLC FOR LANDSCAPING MAINTENANCE &
SERVICES: Internal Services Manager Chris Mottner summarized that 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.
City Council Reg. Mtg. Minutes
Wednesday, February 1, 2023
Page 2 of 4
Questions and comments from the public were received by Jane Rebelowski and Marwan
Cameron
5:59 PM Motion was made by Mockler; and seconded by Dennehy
were provided by Mockler, Dennehy, and Chamberlin; with responses provided by Mr. Mottner,
Public Works Director Tom Knuckey, and City Attorney Kylie Finnell
6:12 PM M/S/C/U (Mockler/Dennehy) 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.
6B ACCEPTANCE OF WASHINGTON STATE DEPARTMENT OF COMMERCE LOCAL &
COMMUNITY PROJECTS PROGRAM GRANT FOR THE BREMERTON LIBRARY HVAC
REPLACEMENT PROJECT: Internal Services Manager Chris Mottner explained that the
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.
Kitsap Regional Library IT Manager Mike Rose and Downtown Library Branch Manager Lisa
Lechuga also provided comments.
Comments from the public were provided by Marwan Cameron
6:20 PM Motion was made by Chamberlin; and seconded by MocklerComments were provided
by
6:24 PM M/S/C/U (Chamberlin/Mockler) 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.
6C PUBLIC WORKS AGREEMENT WITH UTTER ASSOCIATES, INC FOR AUDIO VISUAL
EQUIPMENT DESIGN AND INSTALL AT BREMERTON MUNICIPAL COURT: Municipal Court
Judge Tracy Flood explained 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. Court Administrator Jennefer Johnson was also available to provide input or
answer questions.
The installation is estimated to take 21 weeks. Calculating hours from July 1to August 15, 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.
Comments from the public were provided by Marwan Cameron
6:26 PM Motion was made by Dennehy; and seconded by Chamberlin
were received by Chamberlin and Coughlin; with responses provided by Judge Flood; Finance
Director Mike Riley; and IT Manager Dave Sorensen
City Council Reg. Mtg. Minutes
Wednesday, February 1, 2023
Page 3 of 4
6:37 PM M/S/C/U (Dennehy/Chamberlin) 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 MEMBER REPORTS
Jennifer Chamberlin highlighted several City Parks including Madrona Trails, Stephenson
Canyon, Lent Landing, and Lions Park, and encourage the community to visit and enjoy them as
well; and has started to increase her daily steps for fitness.
Denise Frey enjoyed sharing past photos of recently retired Capt. Randy Plumb wearing high
few recent
events includes a tour of Mills Crossing on Monday and the Police and Community Together
Meeting (aka P.A.C.T.) on Tuesday; and lastly, she looked forward to the next Kitsap Walk with
Josh Farley on Sunday, February 26 at Madrona Trails.
Quinn Dennehy thanked Legislative staff for their efforts in organizing the Joint Planning Session
and for all the work they do; and thanked Council President Jeff Coughlin for running an excellent
meeting.
Michael Goodnow announced in advance that he will host a District 5 Community Meeting on
Tuesday, February 21, and will present a slide with further details at the next Council Meeting.
Anna Mockler invited the public to attend the monthly District 6 Town Hall Meeting to be held on
Monday, February 13, 2023 from 4:00 PM to 6:00 PM at the Bremerton Public Works Facility
located at 100 Oyster Bay Avenue North for an update from Kitsap Community Resources on
resources available to Help the Vulnerable
Eric Younger thanked the Parks and Public Works Departments for their responsiveness in adding
the gate at NAD Park; and encouraged District 7 constituents to email him with any of their
questions or concerns.
Jeff Coughlin welcomed new businesses Bremerton Mercantile and Grumble & Wine to
downtown; enjoyed an event at the Roxy Theatre will fellow Council Member Michael Goodnow;
reported on the Police and Community Together (P.A.C.T.) Meeting he attended yesterday;
thanked Capt. Randy Plumb for his 30-years of service with the Bremerton Police Department; and
and thanked the Council Members, Mayor, Judge, and Directors
Joint Planning Session, and Legislative Staff Lori Smith for managing all of the details and making
arrangements so the event could come together.
At 7:15 PM, President Coughlin announced that a 45-minute Executive Session would be held to
Potential & Pending items as allowed under RCW 42.30.110 (1) (i); and that action
wa
At 8:00 PM, President Coughlin
The First Motion was read into the record by City Attorney Kylie Finnell, so moved by Dennehy,
and seconded by Mockler
8:01 PM M/S/C/U (Dennehy/Mockler) Move to approve settlement with Sgt. Kelly Meade in
substantial the same terms as indicated in the CR2A Agreement executed on January 23, 2023;
and authorize the Mayor to execute any additional documents necessary to effect the same
City Council Reg. Mtg. Minutes
Wednesday, February 1, 2023
Page 4 of 4
The Second Motion was read into the record by City Attorney Kylie Finnell, so moved by
Dennehy, and seconded by Mockler
8:02 PM M/S/C/U (Dennehy/Mockler) Move to authorize the City Attorney to initiate and pursue
any necessary litigation and take any other necessary action to abate any and all nuisances and
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code violations on property located at 1621 and 1623 4 Street in Bremerton.
President Coughlin announced the next Study Session will be on Wednesday, February 8
beginning at 5:00 PM in the First Floor Meeting Chambers of the Norm Dicks Government Center,
and as always, the public is welcome to attend.
With no further business, President Coughlin adjourned the Council Meeting at 8:03 PM.
Prepared and Submitted by:
______________________________
LORI SMITH
Legislative Office Manager
APPROVED by the City Council on the 15th day of February, 2023.
________________________________________
JEFF COUGHLIN, City Council President
Attest:
________________________________________
ANGELA HOOVER, City Clerk
JC:AH:ls:cg
AGENDA BILL
CITY OF BREMERTON
4D
CITY COUNCIL
SUBJECT: Minutes of Study Session Study Session Date: N/A
February 8, 2023
COUNCIL MEETING Date: February 15, 2023
Department: City Council
Presenter: Council President
Phone: (360) 473-5280
SUMMARY: The Minutes of Study Session held on February 8, 2023 are attached.
ATTACHMENTS: Meeting Minutes
FISCAL IMPACTS (Include Budgeted Amount): None
STUDY SESSION AGENDA: N/A
STUDY SESSION ACTION: Consent Agenda General Business Public Hearing
RECOMMENDED MOTION:
Move to approve the February 8, 2023 Meeting Minutes as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/3/17
CITY COUNCIL STUDY SESSION MINUTES
Wednesday, February 8, 2023
A Study Session of the City Council of the City of Bremerton was called to order on Wednesday,
February 8, 2023 at 5:00 PM in the First Floor Meeting Chambers of the Norm Dicks Government
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Center at 345 6 Street, with Council President Jeff Coughlin presiding. Other Council Members
present were Eric Younger, Anna Mockler, Michael Goodnow (5:06 PM), Quinn Dennehy, and Jennifer
Chamberlin. Council Member Denise Frey joined the meeting remotely via Zoom. Also present were
City Attorney Kylie Finnell; Legislative Office Manager Lori Smith; and IT Systems Engineer Hans
Nilsson.
President Coughlin established that the Study Session is open for the public to attend in person or
view remotely, but there will be no opportunities for input, the content of these items is subject to
change, and no action is anticipated.
He further established that a recording will be available online within a few days following the meeting.
Any of the items approved for action by the Council tonight, will be placed on the February 15, 2023
City Council Meeting Agenda (or as otherwise determined)
A. BRIEFINGS on AGENDA BILL ITEMS
1. Briefing in preparation for the AWC City Action Days Conference to be held with Legislators
in Olympia on February 15 & 16, 2023 Council President Jeff Coughlin and Bryan
McConaughy with BMcConsulting Information Only
2. Set Annual Compensation for the Bremerton Municipal Court Judge effective July 1, 2022 No
action by City Council required
3.
Casualty Company Consent Agenda
4. Ordinance amending Section 2.50.032 of the Bremerton Municipal Code relating to
Promotions, Salary, and Benefits Consent Agenda
5. Change Order No. 2 to Contract with Active Construction, Inc. for Oyster Bay Beach Sewer
Upgrades Project Consent Agenda
6. Street Fund Budget Adjustment for the PSE-owned Streetlight LED Conversion Program
General Business
President Coughlin called a break from 6:37 to 6:43
7.
Discussion will continue at the February 22 Study Session
B. GENERAL COUNCIL BUSINESS
o Public Safety Committee Briefing (Last Meeting 2/2/2023) Vice Chair Jennifer Chamberlin
o Regional and Other Committee/Board Briefings
o Joint Planning Session Discussion Continued (1/28/2023) Council President Jeff Coughlin
o Other General Council Business was briefly discussed.
City Council Study Session Minutes
Wednesday, February 8, 2023
Page 2 of 2
President Coughlin provided a reminder that the next Council Meeting would be on Wednesday,
February 15 beginning at 5:30 PM in the First Floor Meeting Chambers, and that the public is invited
to attend in person or remotely.
With no further business, the Study Session was adjourned at 8:16 PM.
Prepared and Submitted by:
______________________________
LORI SMITH, Legislative Office Manager
th
APPROVED by the City Council on the 15 day of February, 2023.
JEFF COUGHLIN, Council President
ATTEST:
______________________________
ANGELA HOOVER, City Clerk
JC:AH:ls:cg
AGENDA BILL
CITY OF BREMERTON
4E
CITY COUNCIL
SUBJECT: Study Session Date: February 8, 2023
Purchase of COUNCIL MEETING Date: February 15, 2023
Compensation Insurance with Midwest
Department: City Office /
Employers Casualty Company
Risk Management
Presenter: Kylie Finnell / Melisa
Folmer
Phone: (360) 473-5302
SUMMARY:
The Bremerton Municipal Code authorizes the Risk Management Specialist, with the approval of the
City Attorney, to bind insurance and requires City Council approval for the continuation of any bound
been bound with Midwest Employers Casualty Company at an annual premium of $138,873. The
self-is $1,000,000 and for all other employees at
$500,000. This is the same as last year. The only change is there is an additional SIR for
employees injured during a wildland fire event is $1,500,000.
ATTACHMENTS:
Excess Workers Compensation & Employers Liability Proposal
FISCAL IMPACTS (Include Budgeted Amount):
Sufficient funds have been budgeted in the Risk Management Fund for this expenditure for 2023.
STUDY SESSION AGENDA: Limited Presentation Full Presentation
STUDY SESSION ACTION: Consent Agenda General Business Public Hearing
RECOMMENDED MOTION:
Move to approve the purchase of the 2023
Employers Casualty Company in the amount of $138,873.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/09/2021
AGENDA BILL
CITY OF BREMERTON
4F
CITY COUNCIL
SUBJECT: Study Session Date: February 8, 2023
Ordinance No. 5468 amending Section COUNCIL MEETING Date: February 15, 2023
2.50.032 of the Bremerton Municipal Code
Department: Fire
relating to Promotions, Salary, and
Presenter: Pat McGanney, Fire Chief
Benefits
Phone: (360) 473-5381
SUMMARY:
Amending the Bremerton Municipal Code will allow employees moving from a represented
classification to a management/professional classification to receive the same benefits and salary
increases that are received by the bargaining unit positions. This will prevent compression between
administrative staff positions and bargaining unit positions.
ATTACHMENTS:
Ordinance No. 5468
FISCAL IMPACTS (Include Budgeted Amount): None
STUDY SESSION AGENDA: Limited Presentation Full Presentation
STUDY SESSION ACTION: Consent Agenda General Business Public Hearing
RECOMMENDED MOTION:
Move to pass Ordinance No. 5468, amending Section 2.50.032 of the Bremerton Municipal Code
relating to promotions, salary, and benefits.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/09/2021
From: Anna Mockler
To: City Council; Craig Patti
Cc: Chris Rotter; Patrick McGanney; John Payne
Subject: Re: Response to Letter of Support - BMC Cost of Living Update (Craig Patti, IAFF President)
Date: Friday, February 10, 2023 12:00:01 PM
Since mine was the lone voice waiting to hear from Mr Patti, let me say formally that I am
completely satisfied and have zero plans to urge moving this from Consent Agenda to General
Business on 2/15.
Thank you,
Anna
Anna Mockler
Bremerton City Councilor, District Six
From: Craig Patti <craigpatti@msn.com>
Sent:Thursday,February9,202310:12AM
To: City Council <City.Council@ci.bremerton.wa.us>
Cc: Chris Rotter <chris.rotter@yahoo.com>; Patrick McGanney
<Patrick.McGanney@ci.bremerton.wa.us>; John Payne <John.Payne@ci.bremerton.wa.us>
Subject: BMC change
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
President Coughlin and Council,
The Bremerton Firefighters support the proposed change to the Bremerton Municipal Code allowing
for cost of living adjustments for the Assistant Fire Chief that aligned with our collective bargaining
agreement.
Further, Bremerton Firefighters support any enhancements to the wage and benefit package of this
position consistent with the role and responsibilities and remains competitive with the market of
comparable jurisdictions.
This position is vital to the success of the Bremerton Fire Department and must remain attractive to
bargaining unit members who wish to further their career in leadership positions rather than seek
employment at other agencies.
Respectfully,
Craig Patti, President
Bremerton Firefighters, IAFF Local 437
360-790-1472 cell
Sent from my iPhone
AGENDA BILL
CITY OF BREMERTON
4G
CITY COUNCIL
SUBJECT: Study Session Date: February 8, 2023
Change Order No. 2 to Contract with Active COUNCIL MEETING Date: February 15, 2023
Construction, Inc. for Oyster Bay Beach
Department: PW&U Engineering
Sewer Upgrades Project
Presenter: Bill Davis
Phone: (360) 473-2312
SUMMARY:
Change Order No. 2 will pay for a portion of additional costs associated with disconnecting beach
sewer laterals as described in Work Change Directive No. 28, and an additional duplex pumping
system including landscape restoration at 4412 Kitsap Way as described in Work Change Directive
No. 23. The work directed under these Work Change Directives was necessary due to field
conditions discovered late during construction. It was necessary to expedite this work to minimize
concerns over potential sanitary sewer overflows. This Change Order No. 2 for $82,154.18 will
increase the contract amount to $6,506,708.77.
ATTACHMENTS: 1) Site plan; 2) Change Order No. 2
FISCAL IMPACTS (Include Budgeted Amount): The project is funded by a Department of Ecology
State Revolving Fund loan and is included in the wastewater budget.
STUDY SESSION AGENDA: Limited Presentation Full Presentation
STUDY SESSION ACTION: Consent Agenda General Business Public Hearing
RECOMMENDED MOTION:
Move to approve Change Order No. 2 with Active Construction, Inc., in the amount of $82,154.18 for
the Oyster Bay Beach Sewer Upgrades project and authorize the Mayor to finalize and execute the
agreement with substantially the same terms and conditions as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/09/2021
OYSTER BAY BEACH SEWER UPGRADES
SITE PLAN FOR CHANGE ORDER NO. 2
1/30/23
CITY OF BREMERTON
CHANGE ORDER
CONTRACT CHANGE ORDER NO:
2
PROJECT NAME:Oyster Bay Beach Sewer Upgrades
PROJECT NO: 5827 CONTRACTOR: Active Construction Inc.
ORIGINAL CONTRACT AMOUNT: 6,237,237.00DAYS: 484
PREVIOUSLY APPROVED 187,317.59DAYS: 5
CHANGES:
THIS CHANGE:82,154.18DAYS: 0
REVISED CONTRACT AMOUNT:6,506,708.77DAYS:489
This Change Order covers changes to the subject contract as described herein. The Contractor shall
construct, furnish equipment and materials, and perform all work as necessary or required to complete
the Change Order Items. The increase or decrease in contract price shown below includes any
applicable taxes.
INCREASE IN (DECREASE) CONTRACT
DESCRIPTION OF CHANGES
CONTRACT IN CONTRACT TIME
AMOUNT AMOUNT EXTENSION
($) ($)
(DAYS:)
Rule 170Rule 171
X 43,167.14 N/A
- WCD #23: Additional duplex pumping system and landscape
restoration at 4412 Kitsap Way
X 32,065.63
- WCD #28: Additional work on the beach to disconnect sewer
laterals. The total amount of WCD #28 is $82,065.63 and the
work was completed in October 2022. A portion ($50,000)
was previously paid under Pay Estimate No. 17. The amount
here will pay for the remainder in future Pay Estimate No. 18.
NET CHANGE IN CONTRACT AMOUNT75,232.77
INCREASE OR (DECREASE)
ESTIMATED SALES TAX AT CURRENT RATE6,921.41
TOTAL INCLUDING SALES TAX 82,154.18
Contractor acknowledges and accepts that this Change Order constitutes final settlement of all claims
of any kind or nature arising from or connected with any work either covered or affected by this Change
Order, including, without limitation, claims related to contract time, on-site or home office overhead, or
lost profits. Nothing in this Change Order shall limit the City’s right to bring a claim for past performance.
The undersigned Contractor approves the foregoing Change Order as to the changes, if any, in the
contract price specified for each item, including any and all supervision costs and other miscellaneous
CONTRACT CHANGE ORDER NO:
_2_
PROJECT NAME:Oyster Bay Beach Sewer Upgrades
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 Change Order.
This document will become a supplement of the contract and all provisions will apply hereto. It is
understood that this Change Order 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 change order
that is binding on the parties of this contract. In addition, Contractorwarrants 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.
CONTRACTOR
Approved:
DATE:
PROJECT MANAGER
Recommended: DATE:
DIVISION MANAGER
Council action is required asproject cost will exceed approved budget. Yes No
Council action is required as change exceeds Mayors authority per BMC 2.76.110. Yes No
Recommended:
DATE:
DIRECTOR OF PUBLIC WORKS AND UTILITIES
Recommended:DATE:
MAYOR
Approved: DATE:
APPROVED AS TO FORM: ATTEST:
___
KYLIE. J. FINNELL, Bremerton City Attorney ANGELA HOOVER, City Clerk
R:\\Legal\\Legal\\Forms\\FORMS ON COBWEB\\Change Order Rev. 09 2021.docx
Page 2 of 2
Change Order
Rev. 05/2022
CITY OF BREMERTON 1/30/2023
OYSTER BAY BEACH SEWER UPGRADES
COST SUMMARY FOR CHANGE ORDER NO. 2 AND CONTRACT
CHANGE ORDER #2 SUMMARY
COST ITEMSAMOUNT
$43,167.14
WCD #23: Additional duplex pumping system and landscape restoration at 4412 Kitsap Way
$32,065.63
WCD #28: Additional work on the beach to disconnect laterals **
$75,232.77
ESTIMATED SUBTOTAL TO COMPLETE CONTRACT
$6,921.41
Sales tax @ 9.2%
Change order #2 (with sales tax)$82,154.18
** The total amount of WCD #28 is $82,065.63. $50,000 has already been paid under Pay Application No. 17. The remaining $32,065.63 will
be paid under Pay Application No. 18 after approval of Change Order No. 2
OVERALL CONTRACT COST SUMMARY
CONTRACT AWARD
$6,237,237.00
CHANGE ORDER NO. 1
$187,317.59
CHANGE ORDER NO. 2
$82,154.18
$6,506,708.77
REVISED CONTRACT AMOUNT WITH CHANGE ORDER NO. 2
Project Name:
OBBSU______
CITY OF BREMERTON
Project #:
5827________
Contractor:
WORK CHANGE DIRECTIVE (WCD)
ACI_________
NTP Date:
06/03/21_____
WCD #: 023 Date: 1/16/2
YOU ARE DIRECTED TO PROCEED PROMPTLY WITH THE FOLLOWING CHANGE(S):
Item 1: At 4412 Kitsap Way (Oyster Bay Inn), install, connect and test additional duplex pumping system,
including two pumps in existing wet well, make connections to existing 1.25” discharge line; make electrical
connections, install Sentry Advisor, and test system to ensure operation with generator; restore disturbed
grass area. Lump sum at $38,167.14
Item 2: Additional landscape restoration at 4412 Kitsap Way includes placement of weed barrier and rock
placement over approximately 800 square feet area in designated area adjacent to building between
generator and grinder pump panel. Rock shall be Rainbow Bull Rock (2” to 6”) from Peninsula Topsoil or
approved equivalent. Confirm and coordinate limits with City Inspector prior to placement. Track as T&M.
ATTACHMENT(S): Cost summary and estimate information used for developing cost basis
If a claim is made that the above change(s) have affected Contract Price or Contract Times any claim for a Change Order
is based thereon will involve one or more of the following methods of determining the effect of the change(s). The
Change Order will be executed in accordance with Section 1-04.4 of the WSDOT Standard Specifications, or Article 10 of
the General Conditions.
Method of determining change in Contract Price: Method of determining change in Contract Times:
Unit Price Contractor’s Records
Lump Sum (for duplex system) Engineer’s Records
Time & Materials (landscape restoration)
Other: Other:
Estimated increase (decrease) in Contract Price: Estimated increase (decrease) in Contract Times:
$ 43,167.14 . Substantial Completion: 0 days;
If the change involves an increase, the estimated Ready for final payment: 0 days;
amount is not to be exceeded without further If the change involves an increase, the estimated times
authorization. are not to be exceeded without further authorization.
RECOMMENDED: AUTHORIZED:
CONTRACTOR CITY OF BREMERTON
Jim Holland
Bill Davis
By: ____________________________________________ By:
PAGE 1 OF 1
OYSTER BAY BEACH SEWER UPGRADES prepared by wjd
COST ESTIMATE BY CITY 1/16/2023
Landscape restoration at 4412 Kitsap Way
LABOR
EmployeeReg RateUnitsHoursAmt
Foreman$ 89.008$ 712.00
Operator$ 83.008$ 664.00
Laborer$ 63.008$ 504.00
TCS$ 57.700$ -
Flagger$ 53.940$ -
$ 1,880.00
EQUIPMENT
Equip. DescriptionReg RateUnitsHoursAmt
Hitachi 50 Mini Ex$ 41.008$ 328.00
Cat 420 Backhoe$ 37.448$ 299.52
Dump Truck$ 80.000$ -
Service Truck$ 35.008$ 280.00
$ 907.52
MATERIALS
DescriptionUnit CostUnits# of UnitsTOTAL
Weed Barrier$ 200.00 LS 1.00 $ 200.00
Round rock$ 54.00Ton 15.00 $ 810.00
Other misc$ 200.00 LS 1.00 $ 200.00
Item 4$ -
Item 5$ -
$ 1,210.00
SUBCONTRACTOR
Trucking-- included with rock --
MARKUPS
Base TotalMarkupMarkup AmtTOTAL w/ MU
LABOR$ 1,880.00 29%$ 545.20$ 2,425.20
EQUIPMENT$ 907.52 21%$ 190.58 $ 1,098.10
MATERIALS$ 1,210.00 21%$ 254.10$ 1,464.10
SUBCONTRACTOR$ -12%$ - $ -
SUBTOTAL 1 (PRE-TAX)$ 4,987.40
Use $5,000, track and pay based on T&M
Material calculation:
For round rock coverage, assume 100 SF/Ton
Total est. area = 800 SF
Total rock est = 8 tons, minimum
For 15 ton truck (11 CY), $802 delivered from Peninsual Topsoil
Weed Fabric = $200
Project Name:
___OBBSU_______
CITY OF BREMERTON
Project #:
___5827__________
Contractor:
___ACI___________
WORK CHANGE DIRECTIVE (WCD)
NTP Date:
___06/03/21_______
WCD #: _028__ Date: 10/1/22
YOU ARE DIRECTED TO PROCEED PROMPTLY WITH THE FOLLOWING CHANGE(S):
Schedule D: Beach Work
Additional time and materials associated with cutting and capping beach sewer laterals. Differing
site conditions included: 1) Formerly unidentified asbestos cement laterals resulting in changed
capping method; 2) Inability to fully drain the 12-inch sewer main which required extra vactor
work from the uplands
ATTACHMENT(S): Supporting cost and time invoices and summary sheets
If a claim is made that the above change(s) have affected Contract Price or Contract Times any claim for a Change Order
is based thereon will involve one or more of the following methods of determining the effect of the change(s). The
Change Order will be executed in accordance with Section 1-04.4 of the WSDOT Standard Specifications, or Article 10 of
the General Conditions.
Method of determining change in Contract Price: Method of determining change in Contract Times:
Unit Price
Lump Sum
x
Time & Materials
Other: Other:
Estimated increase (decrease) in Contract Price: Estimated increase (decrease) in Contract Times:
$82,065.63 . Substantial Completion: 0 days;
If the change involves an increase, the estimated Ready for final payment: 0 days;
amount is not to be exceeded without further If the change involves an increase, the estimated times
authorization. are not to be exceeded without further authorization.
RECOMMENDED: AUTHORIZED:
CONTRACTOR CITY OF BREMERTON
Jim Holland
By: ____________________________________________ By: )rzz ,\]r
PAGE 1 OF 1
AGENDA BILL
6A
CITY OF BREMERTON
Item Rescheduled
CITY COUNCIL
to March 1
SUBJECT: Study Session Date: February 8, 2023
Street Fund Budget Adjustment for the PSE-COUNCIL MEETING Date: February 15, 2023
owned Streetlight LED Conversion Program
Department: PW&U
Presenter: T. Knuckey
Phone: (360) 473-2376
SUMMARY:
Puget Sound Energy has established a new rebate program to convert high pressure sodium (HPS)
streetlights to LED. Staff have coordinated with PSE on the programmatic conversion of all
remaining HPS streetlights to LED the conversion would be executed in small (120-light+/-)
contracts with the goal to execute four contracts each year. At this level of delivery all 1,578
remaining HPS streetlights would be converted to LED in approximately 3-years. No City Council
action is necessary to execute the conversion contracts; however, for 2023 a budget adjustment of
$70,000 is required in the Street Fund to allow the contracts to be executed.
ATTACHMENTS:
Council Summary
FISCAL IMPACTS (Include Budgeted Amount): The 2023 Street Operations budget is increased
by $70,000 from REET to implement the Streetlight LED conversion. REET is the best revenue
source to fund this program, and results in annual savings to the Street Fund as presented in the
Council Summary.
STUDY SESSION AGENDA: Limited Presentation Full Presentation
STUDY SESSION ACTION: Consent Agenda General Business Public Hearing
RECOMMENDED MOTION:
Move to increase in the Street Fund budget by $70,000 to fund the PSE-owned Streetlight LED
Conversion Program.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/09/2021
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Street illumination is accomplished using a combination of City-owned and PSE-owned streetlights,
along with a few privately-owned streetlights on private streets. To date all 1,008 City-owned
streetlights have been converted to LED; however, 1,578 of the 1,788 PSE-owned lights are high
pressure sodium (HPS). Currently the HPS lights are replaced by PSE at their expense as they fail, and
since these types of lights are being phased out, they are typically being replaced with LED. With the
current approach, it is estimated that all HPS lights will be converted to LED in approximately 10-years.
To date the City has not been eligible for grants to fund a programmatic LED conversion; however, PSE
has advised of a new rebate program that results in a 4-year pay back on the cost of the conversion. The
proposed program would convert PSE-owned lights in of 120 lights, with the goal to convert
four Phases each year. With this approach all PSE-owned streetlights would be converted to LED in
approximately three years.
/ƚƭƷƭ ğƓķ {ğǝźƓŭƭ
The City pays PSE a monthly tariff to operate and maintain each of its streetlights; for 2022 the total cost
was $425,000. There are several different tariffs with different costs depending on the wattage and
whether a light is HPS or LED; for example, the 2022 cost of a 100W HPS light is $14.72/month while a
comparable 39W LED light is $11.61/month. Given that the cost to convert a light to LED is $256 and
considering the $3/month savings, it takes over 7-years to recoup the conversion cost, and on this basis
until now conversion has not been considered cost-effective. PSE rebate program reduces the
conversion cost to $143/light which results in a 4-year payback which is considered cost-effective. An
allows dimming to address either customer concerns or for efficiencies. It is anticipated that these
Smart Node streetlights will be less affected by upcoming rate increases.
The conversion would install new LED lights meeting City standard, including 3000K CCT, and would be
completed under four contract phases each year at a net-cost of $17,160 per phase ($68,640/yr) and so
Council action is not required. That said, a budget adjustment is required to fund the 2023 work.
At the current tariff rate, the annual savings to the City would be approximately $59K once all lights
have been converted. It should be noted that PSE advises the rebate value is adjusted each January and
could be eliminated at any time. Should the rebate either reduce significantly or cease altogether the
City would stop the programmatic conversion.
The table below presents annual and cumulative costs and savings assuming 2023 costs and rebates
remain constant throughout the conversion. The failure rate of existing HPS lights is not considered.
AGENDA BILL
CITY OF BREMERTON
6B
CITY COUNCIL
Added 2/14/23
SUBJECT: Study Session Date: N/A
Public Works Agreement with Utter COUNCIL MEETING Date: February 15, 2023
Associates, Inc. for Audio Visual Equipment
Department: Municipal Court
Design and Install at Bremerton Municipal
Presenter: Mike Riley/Melinda
Court; and Budget Adjustment to Trial Court
Monroe
Improvement Fund
Phone: (360) 473-5306
SUMMARY:
The Public Works Agreement with Utter Associates has completed negotiation and includes updated
terms. The contract is now drafted with agreement from both sides at the amount of $152,600.00.
The equipment purchase amount remains at $65,356.82. However, expected expenses against the
th
current award funds prior to June 30 are now at $101,482 and includes a 20% deposit, equipment,
system integration, design, and removal of old equipment. Installation and project close-out are still
currently scheduled for August, but this date could be moved forward dependent on the delivery
schedule.
ATTACHMENTS:
Public Works Agreement (final)
Exhibit A
Exhibit B
Exhibit C
FISCAL IMPACTS (Include Budgeted Amount): $100,000 AOC Audio & Visual Enhancement
th
$20,000 Grant; 1/10 of 1% Mental Health Grant; $8,000 AOC Therapeutic Court Grant: $24,600
Trial Court Improvement Fund
STUDY SESSION AGENDA: Limited Presentation Full Presentation
RECOMMENDED MOTION:
Move to approve the Public Works Agreement with Utter Associates, Inc. in the amount of $152,600;
and approve a Budget Adjustment to the Trial Court Improvement Fund in the amount of $24,600;
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
QVCMJD!XPSLT!BHSFFNFOU!
THIS AGREEMENT is entered into between the City of Bremerton, a Washington
UTTER ASSOCIATES,INC
TH
address is 5601 6 Ave. S. STE 471, Seattle, WA 98108 .
The parties agree as follows:
!2/!DPOUSBDUPS!TFSWJDFT/ 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 and installation of new equipment including
electrical connections and permitting. Scope of work will include the bill of materials, Audio
Visual design drawings, and rates as included in Exhibit A and per the schedule in Exhibit B.
3/ UJNF!PG!DPNQMFUJPO/ Contractor shall complete the work no later than
October 31, 2023 and per the schedule attached as Exhibit B.
!4/!DPNQFOTBUJPO/ The City shall pay the Contractor the total amount of
$,152.600.00 including any applicable Washington State Sales Tax, for the work and
contemplated in this agreement at the rates and schedule included in Exhibit A and Exhibit B.
The City shall pay the Contractor twenty percent (20%) of the Contract amount within 15 days of
signing the agreement and the remaining portions per the 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.
!
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. Payment Schedule:
20% due 15 days after contract signing ....................................... $29,709.45
Part 1: As invoiced for design, system integration, equipment, removal,
delivery and sales tax (up to on-site work)
..................................................................................................... $71,773.35
Part 2: As invoiced for installation through substantial completion including
sales tax (on-site)
..................................................................................................... $36,268.50
10% hold-back, due 45 days after project acceptance .................. $14,848.70
Total: ............................................................................................. $152,600.00
Progress Payments. Contractor shall invoice the City for completed work per
payment schedule in Exhibits A and B and at the above payment schedule,
as soon as possible, after the first of each month, the Contractor shall
submit to the City an invoice for payment for the Work performed for each
Project in the preceding month less any retainage held per the schedule and
rates in Exhibit A and Exhibit B.
D. 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
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
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.
E. 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.
5/!JOEFQFOEFOU!DPOUSBDUPS/ 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.
6/ UFSNJOBUJPO/ The City may terminate this agreement for good cause.
A.
properly skilled workers or proper materials for completion of the
Contract work.
B.
this agreement.
C. -
contractors or for material or labor.
D. regard of federal, state or local laws, rules
or regulations.
E.
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.
7/!QSFWBJMJOH!XBHFT/
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.
8/ DIBOHFT/ 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
knew or should have known of the facts and events giving rise to the requested change. If the
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. 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.
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
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.
C. . 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
9/!DMBJNT/ 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
ritten 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 claims
form as provided in Exhibit C.
:/!XBSSBOUZ/!!The Contractor shall correct all defects in workmanship and
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.
21/ JOEFNOJGJDBUJPO/ 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
sole negligence.
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
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS
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.
!
22/!JOTVSBODF/!!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.
separately to each insured against whom claim is made or suit is brought, except with respects to
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
-5161, or by
th
certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6
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
ire 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.
23/!NJTDFMMBOFPVT/!
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. . Contractor shall take all
precautions necessary and shall be responsible for the safety of its employees, agents, and
risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other
articles used or held for use in connection with the work.
E. Nonwaiver of Breach. The failure of the City to insist upon strict
performance of any of the terms and rights contained herein, or to exercise any option herein
conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of
those terms and rights and they shall remain in full force and effect
F. Governing Law. This agreement shall be governed and construed in
accordance with the laws of the State of Washington. If any dispute arises between the City and
Contractor under any of the provisions of this agreement, resolution of that dispute shall be
available only through the jurisdiction, venue and rules of the Kitsap County Superior Court,
Kitsap County, Washington.
G. . To the extent not inconsistent with RCW 39.04.240, in
defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the
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.
SIGNATURES ON THE NEXT PAGE:
JO!XJUOFTT!XIFSFPG, the parties below have executed this agreement.
UTTER ASSOCIATES, INC. THE CITY OF BREMERTON
Print Name: Ben Wolk Print Name:
Title: Managing Partner Title:
DATE DATE
!!
Opujdft!up!cf!tfou!up;!!!!!Opujdft!up!cf!tfou!up;!
CONTRACTOR: CITY OF BREMERTON:
Ben Wolk Melinda Monroe, Contracts Administrator
th
Utter Associates, Inc. 345 6 Street, Suite 100
th
5601 6 Street S., STE 471 Bremerton, WA 98337
Seattle, WA 98108 (360) 473.5306
)
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
BID PROPOSAL
AUDIOVIDEODESIGN AND INSTALL SERVICES
City of Bremerton
150
Design
A.Audio Visual System$Perhour
150
B.Installation and Labor (subject to Prevailing Wages)$Perhour.
150
C.As-built drawings for records$Per hour.
D._______________________$_________________per hour
65,356.82
E.Equipment charges$________________
275
F.Delivery and Freight$________________
0
G.Warranty charges$________________
13,666.33
H.Sales tax9.2%$________________
*Perhourcosts to notincludeWashington State sales tax, but must be in compliance with
Washington Prevailing Wage Laws and Compensation requirements.
Utter Associates, Inc.
Contractor Name: ________________________________________________________
Authorized Signature: ____________________________________________________
5601 6th Ave. S. Suite 471 Seattle, WA 98108
Contractor Address: ______________________________________________________
Contractor registration information form must be filled out and accompany these bid proposals.
Exhibit B -1
Exhibit C: Final Contract Voucher
FINAL CONTRACT VOUCHER
ACCEPTANCE OF COMPENSATION & RELEASE OF ALL
CLAIMS
<Project
Title>
<City Project Number>- <City Construction Contract
Number>
The Contractor, hereby releases the City of Bremerton, Washington, from any and all liens or claims
arising out of this Contract or is, herewith, providing retainage covering all unpaid obligations for
work, materials, equipment or any other liens outstanding on this Contract as per section 3 of the
agreement.
The Contractor, {________________}, hereby certifies that all subcontractors,
suppliers, and employees have been paid in accordance with the Contract
Documents and all applicable laws, with the exception, that being Retainage, if
any, remaining to be paid
<CONTRACTOR>, hereby indicates agreement with, and acceptance of, the final Contract Payment
of <$000,000>, the total Contract Price of <$000,000,000>, including Washington State sales
and/or use taxes, and the final Contract Time of <NNN Days>, as full and final compensation for
all Work performed in connection with Contract Number <City Construction Contract
Number>, and does hereby release the City of Bremerton from all claims, liability, demands,
damages and actions of any kind whatsoever, arising from performance of that Contract.
<CONTRACT
OR>
By: Date: Title:
Certificate of
Notary
State of Washington
County of ___________
I certify that I know or have satisfactory evidence that _____________ (name of person)
is the person who appeared before me, and said person acknowledged that (he/she) signed
this instrument, on oath stated that (he/she) was authorized to execute the instrument and
acknowledged it as the _____________ (type of authority, e.g., officer, trustee, etc.) of
_____________ (name of party on behalf of whom instrument was executed) to be the
free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
Dated:______________
____________________
(Seal or stamp) Signature___________________Title
City of Bremerton Date
PROJECT TITLE) Contract Documents
GOODNOW
COUNCIL DISTRICT 5
MICHAEL
FREY
DENISE
COUNCIL DISTRICT 2
COUNCIL DISTRICT 1
JENNIFER CHAMBERLIN