HomeMy WebLinkAbout10/09/2024 STUDY SESSION AGENDA PACKET______________________________________________________________
CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 Phone (360) 473-5280
* * * A M E N D E D * * *
WEDNESDAY, OCTOBER 9, 2024
CITY COUNCIL STUDY SESSION
5:00 PM in COUNCIL CONFERENCE ROOM 603
Council Conference Room 603 will be open to the public to attend the Study Session in-person, but there will
be no opportunities for input. However, 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 at the Study Session is anticipated. If approved by the Council, these items will be
placed on the October 16, 2024 City Council Meeting Agenda, or as indicated…
Members of the public may click the link below to join the webinar:
https://bremertonwa-gov.zoom.us/j/8738266756?pwd=ZWlMVnVYbFBHYjY5U1RJUmFreDFXUT09
Or One tap mobile:
US: +12532050468,,87318266756#,,,,*857582# or +12532158782,,87318266756#,,,,*857582#
Or Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 253 205
0468 or +1 253 215 8782 or +1 346 248 7799 or +1 669 444 9171 or +1 669 900 6833
Webinar ID: 873 1826 6756; Passcode: 857582
A. PRESENTATIONS – Each item is approx. 15-minutes, followed by 5-minutes Q&A
1. Bremerton Municipal Court 2024-2025 Safety Plan – Judge Tracy Flood; with Will Kohn of
Seattle’s Finest LLC and Kyle Landry, Consultant with WA Administrative Office of the Courts
2. Bremerton Municipal Court Improvements Plan 2024-2025 – Judge Tracy Flood
B. AGENDA BILL BRIEFINGS – Each item is approx. 5-minutes, including Q&A
1. Confirm Appointment of Jack Paauw to the Bremerton Planning Commission
2. Accept Energy Efficiency & Conservation Block Grant (EECBG) from U.S. Department of Energy
3. Professional Services Agreement with Kennedy Jenks for Final Design Services for Tracyton
Beach Road Sewer Improvements Project Item pulled
4. Professional Services Agreement with Casey Civil, PLLC for Construction Management Services
for Decommission Beach Sewer (OF-4 to EB-2)
5. Contract Modification Agreement No. 1 with Commonstreet Consulting, LLC for Homelessness
Response Property Management Program Services; and Budget Adjustment
6. Proposed Public Hearing for Resolution in Support/Opposition of WA State Ballot Initiative 2117
Concerning Carbon Tax Credit Trading
7. Overview of the 2024 Comprehensive Plan Housing Element (For full presentation at the October
16, 2024 City Council Meeting to receive Public Comment)
C. GENERAL COUNCIL BUSINESS – Each item is approx. 5-minutes, including Q&A
1. Public Safety Committee Briefing (Last Meeting 10/3/24) – Chair Denise Frey
2. Regional and Other Committee/Board Briefings
3. 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.
Form Updated 4.19.2024
INFORMATION ONLY ITEM
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Bremerton Municipal Court
Safety Plan 2024-2025
Study Session Date: October 9, 2024
Presenter: Judge Tracy Flood
Phone: (360) 473-5260
SUMMARY:
The Court will present its Safety plan with assistance from Court Security Officer Will Kohn of
Seattle’s Finest and Kyle Landry, Court Security consultant at the Administrative Office of the Courts.
The presentation will discuss the importance of Court security and the dangers that Judges face
daily. The court is open to the public daily. The courthouse houses the public defender's office,
probation, one on-site office for the prosecutor, the clerk's office, and Judge Chambers. We added a
small food pantry in the Zoom room and an art wall.
HANDOUTS: The report will be presented with PowerPoint
A1
Form Updated 4.19.2024
INFORMATION ONLY ITEM
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Bremerton Municipal Court
Court Improvements Plan 2024-2025
Study Session Date: October 9, 2024
Presenter: Judge Tracy Flood
Phone: (360) 473-5260
SUMMARY:
The Court will present its Improvement Plan for 2024-2025, which will address perceived issues and
include a work plan .
HANDOUTS: The report will be presented with PowerPoint
A2
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: October 9, 2024
Confirm Appointment of Jack Paauw to the
Bremerton Planning Commission
COUNCIL MEETING Date: October 16, 2024
Department: Executive
Presenter: Mayor Wheeler
Phone: (360) 473-5266
SUMMARY: Mayor Wheeler is seeking confirmation for the appointment of Jack Paauw to Position 6
of the Planning Commission. This appointment is proposed to fill the remainder of an unexpired term
which is December 31, 2026.
ATTACHMENTS: Application to the committee.
FISCAL IMPACTS (Include Budgeted Amount): None.
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to confirm the appointment of Jack Paauw to the Planning Commission Position 6, with a
current term date of December 31, 2026
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 04/19/2024
B1
From:noreply@civicplus.com
To:WebMaster; Greg Wheeler; Jennifer Hayes
Subject:Online Form Submittal: Application for City Boards / Commissions / Committee
Date:Thursday, October 5, 2023 11:39:52 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
Application for City Boards / Commissions / Committee
Date 10/5/2023
First Name Jack
Middle Name Field not completed.
Last Name Paauw
Home Phone
Address1
Address2 Field not completed.
City Bremerton
State WA
Zip 98312
Occupation Real Estate Developer
Employer SWG Holdings LLC
Work Address1 423 Pacific Ave
Work Address2 Suite 402
City Bremerton
State WA
Zip 98337
Work Phone 425-681-0638
Fax Field not completed.
Email jack@soundwestgroup.com
Field not completed.
Education
Local References Steve Sego,
Steve Rice,
Wes Larson,
I am interested in
serving:
Planning Commission (18 years or older)
Is this an application
for reappointment?
No
How long have you
lived in Bremerton
3
Why are you applying
for this appointment?
I believe I can make a difference within our community by
sharing my lens on growth, development, economic stability, etc.,
by bringing my 40+ year career to the table.
Which of your personal
and / or professional
interests prompted you
to apply for this
appointment?
I've been following the Comp Plan updates and presentations.
The planning commission is asking good questions and I'd love
to help expand on those questions by bringing my national
experience forward, boiling it down for what I believe is best to
achieve Bremerton's long range planning ideals, and add to the
discussion as we work together to achieve the ultimate goal of
success for our community.
Have you ever served
on any other
Bremerton board,
commission, committee
or task force? If yes,
please list.
No but heavily involved with several organizations in the area.
Please list your
qualifications for this
appointment (include
skills, activities,
training, education):
Registered Architect
Certificate of Project Management
SVP Design, Development, Construction
Delivered over 4,000 multifamily units
What are your
community interests
(committee,
organizations, special
activities)?
Accomplished Skier, Pilot and Captain
Greater Kitsap Chamber of Commerce
Kitsap Building Association
KEDA
Please list any
accommodations you
need to perform
volunteer duties:
NA
We welcome your willingness to serve Bremerton.
Pursuant to the Washington Public Disclosure Act, (RCW 42.56), this form
constitutes a public record and is subject to public release upon request. Prior to
release, the following information may be redacted pursuant to RCW
42.56.250(3): Residential addresses, residential telephone numbers, personal
wireless telephone numbers, personal electronic mail addresses, social security
numbers, driver’s license numbers, identicard numbers, and emergency contact
information of employees or volunteers of a public agency, and the names, dates
of birth, residential addresses, residential telephone numbers, personal wireless
telephone numbers, personal electronic mail addresses, social security numbers,
and emergency contact information of dependents of employees or volunteers of
a public agency.
Applicants are considered for appointment without regard to race, color, religion,
gender, national origin, sexual orientation, age, genetic information, marital or
veteran status, or the presence of any disability.
Updated 3/24/2020
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AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: October 9, 2024
Accept Energy Efficiency & Conservation
Block Grant (EECBG) from U.S. Department
of Energy
COUNCIL MEETING Date: October 16, 2024
Department: PW & U
Presenter: K. Ketterer
Phone: (360) 473-5334
SUMMARY: $76,670 is available to Bremerton through the EECBG which provides funds for
implementing strategies to reduce energy use, to reduce fossil fuel emissions, and to improve energy
efficiency. To reduce the grant administration burden of this federal grant the City proposes to utilize
the funds through a voucher rebate option toward the purchase of one (1) Hybrid Ford Explorer
Police Interceptor vehicle and four (4) Recon Power Bikes for the Police Department. The new
police vehicle will replace a patrol vehicle that is scheduled for replacement in 2025. The grant will
cover the base cost of the vehicle but not the specialized outfitting costs for patrol vehicles.
ATTACHMENTS: 1) EECBG Terms and Conditions
FISCAL IMPACTS (Include Budgeted Amount): The patrol vehicle is in the 2025 budget and the
e-bikes are within the Police Department’s budget authority.
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to accept the Energy Efficiency and Conservation Block Grant (EECBG) from the Department
of Energy 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 04/19/2024
B2
Template Version 12/19/2023
EECBG Program
Special Terms and Conditions
Special Terms and Conditions
Entity Name:___________________________________ (“Recipient”), which is identified in the
Assistance Agreement, and the Office of State and Community Energy Programs (“SCEP”), and
Energy Efficiency and Conservation Block Grant Program (“EECBG”), an office within the United
States Department of Energy (“DOE”), enters into this Award, to achieve the project objectives
and the technical milestones and deliverables stated in Attachment 1 to this Award.
This Award consists of the following documents, including all terms and conditions therein:
Special Terms and Conditions
Attachment 1 Federal Assistance Reporting Checklist (FARC)1
Attachment 2 NEPA Determination 2
The following are incorporated into this Award by reference:
• DOE Assistance Regulations, 2 CFR part 200 as amended by 2 CFR part 910 at
http://www.eCFR.gov.
• National Policy Requirements (November 12, 2020) at
http://www.nsf.gov/awards/managing/rtc.jsp.
• The Recipient’s application/proposal as approved by SCEP.
• Public Law 117-58, also known as the Bipartisan Infrastructure Law (BIL).
1 The FARC will be provided at a later date.
2 The NEPA Determination is attached to your application in the EECBG Program Voucher Application Portal
Special Terms and Conditions
2
Table of Contents
Subpart A. General Provisions ......................................................................................................................... 4
Term 1. Legal Authority and Effect ....................................................................................................................... 4
Term 2. Flow Down Requirement ........................................................................................................................ 4
Term 3. Compliance with Federal, State, and Municipal Law ............................................................................. 4
Term 4. Inconsistency with Federal Law .............................................................................................................. 4
Term 5. Federal Stewardship ................................................................................................................................ 4
Term 6. NEPA Requirements ................................................................................................................................ 4
Term 7. Notice Regarding the Purchase of American-Made Equipment and Products – Sense of Congress .... 5
Term 8. Reporting Requirements ......................................................................................................................... 5
Term 9. Lobbying ................................................................................................................................................... 5
Term 10. Publications ............................................................................................................................................. 5
Term 11. No-Cost Extension ................................................................................................................................... 6
Term 12. Property Standards .................................................................................................................................. 6
Term 13. Insurance Coverage ................................................................................................................................. 6
Term 14. Real Property ........................................................................................................................................... 7
Term 15. Equipment ............................................................................................................................................... 7
Term 16. Supplies .................................................................................................................................................... 8
Term 17. Property Trust Relationship .................................................................................................................... 8
Term 18. Record Retention ..................................................................................................................................... 8
Term 19. Audits ....................................................................................................................................................... 8
Term 20. Indemnity ................................................................................................................................................. 9
Term 21. Foreign National Participation ................................................................................................................ 9
Term 22. Post-Award Due Diligence Reviews ........................................................................................................ 9
Subpart B. Financial Provisions ....................................................................................................................... 10
Term 23. Maximum Obligation ............................................................................................................................. 10
Term 24. Refund Obligation.................................................................................................................................. 10
Term 25. Allowable Costs ..................................................................................................................................... 10
Term 26. Decontamination and/or Decommissioning (D&D) Costs .................................................................... 10
Term 27. Use of Program Income ......................................................................................................................... 10
Term 28. Payment Procedures ............................................................................................................................. 11
Term 29. Budget Changes ..................................................................................................................................... 11
Subpart C. Miscellaneous Provisions .............................................................................................................. 12
Term 30. Environmental, Safety and Health Performance of Work at DOE Facilities ........................................ 12
Term 31. System for Award Management and Universal Identifier Requirements ........................................... 12
Term 32. Nondisclosure and Confidentiality Agreements Assurances ............................................................... 14
Term 33. Contractor Change Notification ............................................................................................................ 15
Term 34. Recipient Integrity and Performance Matters ...................................................................................... 16
Term 35. Export Control ........................................................................................................................................ 18
Term 36. Interim Conflict of Interest Policy for Financial Assistance .................................................................. 18
Term 37. Organizational Conflict of Interest ........................................................................................................ 18
Term 38. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment ............ 19
Term 39. Human Subjects Research ..................................................................................................................... 20
Term 40. Fraud, Waste and Abuse ....................................................................................................................... 21
Subpart D. Bipartisan Infrastructure Law (BIL)-specific requirements ................................................................ 21
Term 41. Reporting, Tracking and Segregation of Incurred Costs ....................................................................... 21
Special Terms and Conditions
3
Term 42. Davis-Bacon Requirements ................................................................................................................... 22
Term 43. Buy American Requirement for Infrastructure Projects ...................................................................... 23
Term 44. Affirmative Action and Pay Transparency Requirements .................................................................... 29
Term 45. Potentially Duplicative Funding Notice ................................................................................................ 29
Term 46. Transparency of Foreign Connections................................................................................................... 29
Term 47. Foreign Collaboration Considerations .................................................................................................. 30
Special Terms and Conditions
4
Subpart A. General Provisions
Term 1. Legal Authority and Effect
A DOE financial assistance award is valid only if it is in writing and is signed, either in writing or
electronically, by a DOE Contracting Officer.
The Recipient may accept or reject the Award. Acknowledgement of award documents by the
Recipient’s authorized representative through electronic systems used by DOE, specifically The
EECBG Program Voucher Portal (https://doerebates.my.site.com/eecbgvouchers/s/),
constitutes the Recipient's acceptance of the terms and conditions of this Award.
Acknowledgement via the EECBG Program Voucher Portal by the Recipient’s authorized
representative constitutes the Recipient's electronic signature.
Term 2. Flow Down Requirement
The Recipient agrees to apply the terms and conditions of this Award, as applicable to all
subcontractors as required by 2 CFR 200.101, and to require their strict compliance therewith.
Further, the Recipient must apply the Award terms as required by 2 CFR 200.327 to all sub
contractors and to require their strict compliance therewith.
Term 3. Compliance with Federal, State, and Municipal Law
The Recipient is required to comply with applicable Federal, state, and local laws and
regulations for all work performed under this Award. The Recipient is required to obtain all
necessary Federal, state, and local permits, authorizations, and approvals for all work
performed under this Award.
Term 4. Inconsistency with Federal Law
Any apparent inconsistency between Federal statutes and regulations and the terms and
conditions contained in this Award must be referred to the DOE Award Administrator for
guidance.
Term 5. Federal Stewardship
SCEP will exercise normal Federal stewardship in overseeing the project activities performed
under this Award. Stewardship activities include, but are not limited to, conducting site visits;
reviewing performance and financial reports; providing technical assistance and/or temporary
intervention in unusual circumstances to address deficiencies that develop during the project;
assuring compliance with terms and conditions; and reviewing technical performance after
project completion to ensure that the project objectives have been accomplished.
Term 6. NEPA Requirements
DOE must comply with the National Environmental Policy Act (NEPA) prior to authorizing the
use of Federal funds. Based on all information provided by the Recipient, SCEP has made a
Special Terms and Conditions
5
NEPA determination by issuing a categorical exclusion (CX) for all activities listed in the
Application approved by the Contracting Officer and the DOE NEPA Determination. The
Recipient is thereby authorized to use Federal funds for the defined project activities, except
where such activity is subject to a restriction set forth elsewhere in this Award.
This authorization is specific to the project activities and locations as described in the
Application approved by the Contracting Officer and the DOE NEPA Determination.
If the Recipient later intends to add to or modify the activities or locations as described in the
approved Application and the DOE NEPA Determination, those new activities/locations or
modified activities/locations are subject to additional NEPA review and are not authorized for
Federal funding until the Contracting Officer provides written authorization on those additions
or modifications. Should the Recipient elect to undertake activities or change locations prior to
written authorization from the Contracting Officer, the Recipient does so at risk of not receiving
Federal funding for those activities, and such costs may not be recognized as allowable cost
share.
Condition(s):
NEPA Logs if conducting potentially ground disturbing activities.
Term 7. Notice Regarding the Purchase of American-Made Equipment and
Products – Sense of Congress
It is the sense of the Congress that, to the greatest extent practicable, all equipment and
products purchased with funds made available under this Award should be American-made.
Term 8. Reporting Requirements
The reporting requirements for this Award are identified on the Federal Assistance Reporting
Checklist, attached to this Award. Failure to comply with these reporting requirements is
considered a material noncompliance with the terms of the Award. Noncompliance may result
in withholding of future payments, suspension, or termination of the current award, and
withholding of future awards. A willful failure to perform, a history of failure to perform, or
unsatisfactory performance of this and/or other financial assistance awards, may also result in a
debarment action to preclude future awards by Federal agencies.
Term 9. Lobbying
By accepting funds under this Award, the Recipient agrees that none of the funds obligated on
the Award shall be expended, directly or indirectly, to influence congressional action on any
legislation or appropriation matters pending before Congress, other than to communicate to
Members of Congress as described in 18 U.S.C. § 1913. This restriction is in addition to those
prescribed elsewhere in statute and regulation.
Term 10. Publications
Special Terms and Conditions
6
The Recipient is required to include the following acknowledgement in publications arising out
of, or relating to, work performed under this Award, whether copyrighted or not:
• Acknowledgment: “This material is based upon work supported by the U.S. Department
of Energy’s Office of State and Community Energy Programs (SCEP) under the Energy
Efficiency and Conservation Block Grant (EECBG) Program Application # XXXXXXXXX”
• Full Legal Disclaimer: “This report was prepared as an account of work sponsored by an
agency of the United States Government. Neither the United States Government nor
any agency thereof, nor any of their employees, makes any warranty, express or
implied, or assumes any legal liability or responsibility for the accuracy, completeness,
or usefulness of any information, apparatus, product, or process disclosed, or
represents that its use would not infringe privately owned rights. Reference herein to
any specific commercial product, process, or service by trade name, trademark,
manufacturer, or otherwise does not necessarily constitute or imply its endorsement,
recommendation, or favoring by the United States Government or any agency thereof.
The views and opinions of authors expressed herein do not necessarily state or reflect
those of the United States Government or any agency thereof.”
Abridged Legal Disclaimer: “The views expressed herein do not necessarily represent
the views of the U.S. Department of Energy or the United States Government.”
Recipients should make every effort to include the full Legal Disclaimer. However, in the
event that recipients are constrained by formatting and/or page limitations set by the
publisher, the abridged Legal Disclaimer is an acceptable alternative.
Term 11. No-Cost Extension
As provided in 2 CFR 200.308, the Recipient must provide the Contracting Officer with notice in
advance if it intends to utilize a one-time, no-cost extension of this Award. The notification
must include the supporting reasons and the revised period of performance. The Recipient
must submit this notification in writing to the Contracting Officer and DOE Technology
Manager/ Project Officer at least 30 days before the end of the current budget period.
Any no-cost extension will not alter the project scope, milestones, deliverables, or budget of
this Award.
Term 12. Property Standards
The complete text of the Property Standards can be found at 2 CFR 200.310 through 200.316.
Also see 2 CFR 910.360 for additional requirements for real property and equipment for For-
Profit recipients.
Term 13. Insurance Coverage
Special Terms and Conditions
7
See 2 CFR 200.310 for insurance requirements for real property and equipment acquired or
improved with Federal funds. Also see 2 CFR 910.360(d) for additional requirements for real
property and equipment for For-Profit recipients.
Term 14. Real Property
Subject to the conditions set forth in 2 CFR 200.311, title to real property acquired or improved
under a Federal award will conditionally vest upon acquisition in the non-Federal entity. The
non-Federal entity cannot encumber this property and must follow the requirements of 2 CFR
200.311 before disposing of the property.
Except as otherwise provided by Federal statutes or by the Federal awarding agency, real
property will be used for the originally authorized purpose as long as needed for that purpose.
When real property is no longer needed for the originally authorized purpose, the non-Federal
entity must obtain disposition instructions from DOE or pass-through entity. The instructions
must provide for one of the following alternatives: (1) retain title after compensating DOE as
described in 2 CFR 200.311(c)(1); (2) Sell the property and compensate DOE as specified in 2
CFR 200.311(c)(2); or (3) transfer title to DOE or to a third party designated/approved by DOE
as specified in 2 CFR 200.311(c)(3).
See 2 CFR 200.311 for additional requirements pertaining to real property acquired or improved
under a Federal award.
Term 15. Equipment
Subject to the conditions provided in 2 CFR 200.313, title to equipment (property) acquired
under a Federal award will conditionally vest upon acquisition with the non-Federal entity. The
non-Federal entity cannot encumber this property and must follow the requirements of 2 CFR
200.313 before disposing of the property.
Equipment must be used by the non-Federal entity in the program or project for which it was
acquired as long as it is needed, whether or not the project or program continues to be
supported by the Federal award. When no longer needed for the originally authorized purpose,
the equipment may be used by programs supported by DOE in the priority order specified in 2
CFR 200.313(c)(1)(i) and (ii).
Management requirements, including inventory and control systems, for equipment are
provided in 2 CFR 200.313(d).
When equipment acquired under a Federal award is no longer needed, the non-Federal entity
must obtain disposition instructions from DOE or pass-through entity.
Disposition will be made as follows: (1) items of equipment with a current fair market value of
$5,000 or less may be retained, sold, or otherwise disposed of with no further obligation to
DOE; (2) Non-Federal entity may retain title or sell the equipment after compensating DOE as
Special Terms and Conditions
8
described in 2 CFR 200.313(e)(2); or (3) transfer title to DOE or to an eligible third party as
specified in 2 CFR 200.313(e)(3).
See 2 CFR 200.313 for additional requirements pertaining to equipment acquired under a
Federal award. See also 2 CFR 200.439 Equipment and other capital expenditures.
Term 16. Supplies
See 2 CFR 200.314 for requirements pertaining to supplies acquired under a Federal award. See
also 2 CFR 200.453 Materials and supplies costs, including costs of computing devices.
Term 17. Property Trust Relationship
Real property, equipment, and intangible property, that are acquired or improved with a
Federal award must be held in trust by the non-Federal entity as trustee for the beneficiaries of
the project or program under which the property was acquired or improved. See 2 CFR 200.316
for additional requirements pertaining to real property, equipment, and intangible property
acquired or improved under a Federal award.
Term 18. Record Retention
Consistent with 2 CFR 200.334 through 200.338, the Recipient is required to retain records
relating to this Award.
Term 19. Audits
A. Government-Initiated Audits
The Recipient must provide any information, documents, site access, or other
assistance requested by SCEP, DOE or Federal auditing agencies (e.g., DOE Inspector
General, Government Accountability Office) for the purpose of audits and
investigations. Such assistance may include, but is not limited to, reasonable access
to the Recipient’s records relating to this Award.
Consistent with 2 CFR part 200 as amended by 2 CFR part 910, DOE may audit the
Recipient’s financial records or administrative records relating to this Award at any
time. Government-initiated audits are generally paid for by DOE.
DOE may conduct a final audit at the end of the project period (or the termination of
the Award, if applicable). Upon completion of the audit, the Recipient is required to
refund to DOE any payments for costs that were determined to be unallowable. If
the audit has not been performed or completed prior to the closeout of the award,
DOE retains the right to recover an appropriate amount after fully considering the
recommendations on disallowed costs resulting from the final audit.
DOE will provide reasonable advance notice of audits and will minimize interference
Special Terms and Conditions
9
with ongoing work, to the maximum extent practicable.
B. Annual Independent Audits (Single Audit or Compliance Audit)
The Recipient must comply with the annual independent audit requirements in 2
CFR 200.500 through .521 for institutions of higher education, nonprofit
organizations, and state and local governments (Single audit), and 2 CFR 910.500
through .521 for for-profit entities (Compliance audit).
The annual independent audits are separate from Government-initiated audits
discussed in part A. of this Term and must be paid for by the Recipient. To minimize
expense, the Recipient may have a Compliance audit in conjunction with its annual
audit of financial statements. The financial statement audit is not a substitute for
the Compliance audit. If the audit (Single audit or Compliance audit, depending on
Recipient entity type) has not been performed or completed prior to the closeout of
the award, DOE may impose one or more of the actions outlined in 2 CFR 200.339,
Remedies for Noncompliance.
Term 20. Indemnity
The Recipient shall indemnify DOE and its officers, agents, or employees for any and all liability,
including litigation expenses and attorneys' fees, arising from suits, actions, or claims of any
character for death, bodily injury, or loss of or damage to property or to the environment,
resulting from the project, except to the extent that such liability results from the direct fault or
negligence of DOE officers, agents or employees, or to the extent such liability may be covered
by applicable allowable costs provisions.
Term 21. Foreign National Participation
If the Recipient (including any of its contractors) anticipates involving foreign nationals in the
performance of the Award, the Recipient must, upon DOE’s request, provide DOE with specific
information about each foreign national to ensure compliance with the requirements for
participation and access approval. The volume and type of information required may depend
on various factors associated with the Award. The DOE Contracting Officer will notify the
Recipient if this information is required.
DOE may elect to deny a foreign national’s participation in the Award. Likewise, DOE may elect
to deny a foreign national’s access to a DOE sites, information, technologies, equipment,
programs or personnel.
Term 22. Post-Award Due Diligence Reviews
During the life of the Award, DOE may conduct ongoing due diligence reviews, through
Government resources, to identify potential risks of undue foreign influence. In the event, a risk
is identified, DOE may require risk mitigation measures, including but not limited to, requiring
an individual or entity not participate in the Award.
Special Terms and Conditions
10
Subpart B. Financial Provisions
Term 23. Maximum Obligation
The maximum obligation of DOE for this Award is the total “Funds Obligated” stated in Block 13
of the Assistance Agreement to this Award.
Term 24. Refund Obligation
The Recipient must refund any excess payments received from SCEP, including any costs
determined unallowable by the Contracting Officer. Upon the end of the project period (or the
termination of the Award, if applicable), the Recipient must refund to SCEP the difference
between (1) the total payments received from SCEP, and (2) the Federal share of the costs
incurred. Refund obligations under this Term do not supersede the annual reconciliation or
true up process if specified under the Indirect Cost Term.
Term 25. Allowable Costs
SCEP determines the allowability of costs through reference to 2 CFR part 200 as amended by 2
CFR part 910. All project costs must be allowable, allocable, and reasonable. The Recipient
must document and maintain records of all project costs, including, but not limited to, the costs
paid by Federal funds, costs claimed by its subcontractors, and project costs that the Recipient
claims as cost sharing, including in-kind contributions. The Recipient is responsible for
maintaining records adequate to demonstrate that costs claimed have been incurred, are
reasonable, allowable and allocable, and comply with the cost principles. Upon request, the
Recipient is required to provide such records to SCEP. Such records are subject to audit.
Failure to provide SCEP adequate supporting documentation may result in a determination by
the Contracting Officer that those costs are unallowable.
The Recipient is required to obtain the prior written approval of the Contracting Officer for any
foreign travel costs.
Term 26. Decontamination and/or Decommissioning (D&D) Costs
Notwithstanding any other provisions of this Award, the Government shall not be responsible
for or have any obligation to the Recipient for (1) Decontamination and/or Decommissioning
(D&D) of any of the Recipient’s facilities, or (2) any costs which may be incurred by the
Recipient in connection with the D&D of any of its facilities due to the performance of the work
under this Award, whether said work was performed prior to or subsequent to the effective
date of the Award.
Term 27. Use of Program Income
If the Recipient earns program income during the project period as a result of this Award, the
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11
Recipient must add the program income to the funds committed to the Award and used to
further eligible project objectives.
Term 28. Payment Procedures
A. Method of Payment
Payment will be made by reimbursement by CFO through ACH. Equipment rebate
voucher applications will be approved for payment by DOE once the equipment has
been installed and all required documentation has been provided.
B. Payments
All payments are made by electronic funds transfer to the bank account identified
attached to the Recipient’s UEI and identified in the Recipient’s SAM.gov account.
C. Unauthorized Drawdown of Federal Funds
For each budget period, the Recipient may not spend more than the Federal share
authorized to that award, without specific written approval from the Contracting
Officer. The Recipient must immediately refund SCEP any amounts spent in excess
of the authorized amount.
A. Supporting Documents for Agency Approval of Payments
DOE may request additional information from the Recipient to support the payment
requests prior to release of funds, as deemed necessary. The Recipient is required
to comply with these requests. Supporting documents include invoices, copies of
contracts, vendor quotes, proof of installation and other expenditure explanations
that justify the payment requests.
Term 29. Budget Changes
A. Budget Changes Generally
The Contracting Officer has reviewed and approved the budget in Attachment 1 to
this Award.
Any increase in the total project cost, whether DOE share or Cost Share, which is
stated as “Total” in Block 12 to the Assistance Agreement of this Award, must be
approved in advance and in writing by the Contracting Officer.
Any change that alters the project scope, milestones or deliverables requires prior
written approval of the Contracting Officer. SCEP may deny reimbursement for any
failure to comply with the requirements in this term.
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12
B. Transfers of Funds Among Direct Cost Categories
The Recipient is required to obtain the prior written approval of the Contracting
Officer for any transfer of funds among direct cost categories where the cumulative
amount of such transfers exceeds or is expected to exceed 10 percent of the total
project cost stated in the budget on the recipient’s application.
The Recipient is required to notify the DOE Technology Manager/Project Officer of
any transfer of funds among direct cost categories where the cumulative amount of
such transfers is equal to or below 10 percent of the total project cost, stated in the
budget on the recipient’s application.
Subpart C. Miscellaneous Provisions
Term 30. Environmental, Safety and Health Performance of Work at DOE
Facilities
With respect to the performance of any portion of the work under this Award which is
performed at a DOE -owned or controlled site, the Recipient agrees to comply with all State and
Federal Environmental, Safety and Health (ES&H) regulations and with all other ES&H
requirements of the operator of such site.
Prior to the performance on any work at a DOE-owned or controlled site, the Recipient shall
contact the site facility manager for information on DOE and site-specific ES&H requirements.
The Recipient is required apply this provision to its contractors.
Term 31. System for Award Management and Universal Identifier
Requirements
A. Requirement for Registration in the System for Award Management (SAM)
Unless the Recipient is exempted from this requirement under 2 CFR 25.110, tThe
Recipient must maintain the currency of its information in SAM until the Recipient
submits the final financial report required under this Award or receive the final
payment, whichever is later. This requires that the Recipient reviews and updates
the information at least annually after the initial registration, and more frequently if
required by changes in its information or another award term.
B. Unique Entity Identifier (UEI)
SAM automatically assigns a UEI to all active SAM.gov registered entities. Entities no
longer have to go to a third-party website to obtain their identifier. This information
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13
is displayed on SAM.gov.
If the Recipient is authorized to make subawards under this Award, the Recipient:
i. Must notify potential subrecipients that no entity (see definition in paragraph C
of this award term) may receive a subaward from the Recipient unless the entity
has provided its UEI number to the Recipient.
ii. May not make a subaward to an entity unless the entity has provided its UEI
number to the Recipient.
C. Definitions
For purposes of this award term:
i. System for Award Management (SAM) means the Federal repository into
which an entity must provide information required for the conduct of
business as a recipient. Additional information about registration procedures
may be found at the SAM Internet site (currently at ).
ii. Unique Entity Identifier (UEI) is the 12-character, alpha-numeric identifier
that will be assigned by SAM.gov upon registration.
iii. Entity, as it is used in this award term, means all of the following, as defined
at 2 CFR Part 25, subpart C:
1. A Governmental organization, which is a State, local government, or
Indian Tribe.
2. A foreign public entity.
3. A domestic or foreign nonprofit organization.
4. A domestic or foreign for-profit organization.
5. A Federal agency, but only as a subrecipient under an award or
subaward to a non-Federal entity.
iv. Subaward:
1. This term means a legal instrument to provide support for the
performance of any portion of the substantive project or program for
which the Recipient received this Award and that the Recipient
awards to an eligible subrecipient.
2. The term does not include the Recipient’s procurement of property
and services needed to carry out the project or program (for further
explanation, see 2 CFR 200.501 Audit requirements, (f) Subrecipients
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14
and Contractors and/or 2 CFR 910.501 Audit requirements, (f)
Subrecipients and Contractors).
3. A subaward may be provided through any legal agreement, including
an agreement that the Recipient considers a contract.
v. Subrecipient means an entity that:
1. Receives a subaward from the Recipient under this Award; and
2. Is accountable to the Recipient for the use of the Federal funds
provided by the subaward.
Term 32. Nondisclosure and Confidentiality Agreements Assurances
A. By entering into this agreement, the Recipient attests that it does not and will not
require its employees or contractors to sign internal nondisclosure or confidentiality
agreements or statements prohibiting or otherwise restricting its employees or
contactors from lawfully reporting waste, fraud, or abuse to a designated
investigative or law enforcement representative of a Federal department or agency
authorized to receive such information.
B. The Recipient further attests that it does not and will not use any Federal funds to
implement or enforce any nondisclosure and/or confidentiality policy, form, or
agreement it uses unless it contains the following provisions:
i. ‘‘These provisions are consistent with and do not supersede, conflict with, or
otherwise alter the employee obligations, rights, or liabilities created by
existing statute or Executive order relating to (1) classified information, (2)
communications to Congress, (3) the reporting to an Inspector General of a
violation of any law, rule, or regulation, or mismanagement, a gross waste of
funds, an abuse of authority, or a substantial and specific danger to public
health or safety, or (4) any other whistleblower protection. The definitions,
requirements, obligations, rights, sanctions, and liabilities created by
controlling Executive orders and statutory provisions are incorporated into
this agreement and are controlling.’’
ii. The limitation above shall not contravene requirements applicable to
Standard Form 312, Form 4414, or any other form issued by a Federal
department or agency governing the nondisclosure of classified information.
iii. Notwithstanding provision listed in paragraph (a), a nondisclosure or
confidentiality policy form or agreement that is to be executed by a person
connected with the conduct of an intelligence or intelligence-related activity,
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15
other than an employee or officer of the United States Government, may
contain provisions appropriate to the particular activity for which such
document is to be used. Such form or agreement shall, at a minimum,
require that the person will not disclose any classified information received
in the course of such activity unless specifically authorized to do so by the
United States Government. Such nondisclosure or confidentiality forms shall
also make it clear that they do not bar disclosures to Congress, or to an
authorized official of an executive agency or the Department of Justice, that
are essential to reporting a substantial violation of law.
Term 33. Contractor Change Notification
Except for contractors specifically proposed as part of the Recipient’s Application for award, the
Recipient must notify the Contracting Officer and Project Manager in writing 30 days prior to
the execution of new or modified contract agreements, including naming any To Be Determined
contractors. This notification does not constitute a waiver of the prior approval requirements
outlined in 2 CFR part 200 as amended by 2 CFR part 910, nor does it relieve the Recipient from
its obligation to comply with applicable Federal statutes, regulations, and executive orders.
In order to satisfy this notification requirement, the Recipient documentation must, as a
minimum, include the following:
• A description of the service to be provided or the equipment to be purchased.
• An assurance that the process undertaken by the Recipient to solicit the contractor
complies with their written procurement procedures as outlined in 2 CFR 200.317
through 200.327.
• An assurance that no planned, actual or apparent conflict of interest exists between the
Recipient and the selected contractor and that the Recipient’s written standards of
conduct were followed.3
• A completed Environmental Questionnaire, if applicable.
• An assurance that the contractor is not a debarred or suspended entity.
• An assurance that all required award provisions will be flowed down in the resulting
contract agreement.
3 It is DOE’s position that the existence of a “covered relationship” as defined in 5 CFR 2635.502(a)&(b) between a member of
the Recipient’s owners or senior management and a member of a subrecipient’s owners or senior management creates at a
minimum an apparent conflict of interest that would require the Recipient to notify the Contracting Officer and provide
detailed information and justification (including, for example, mitigation measures) as to why the subrecipient agreement does
not create an actual conflict of interest. The Recipient must also notify the Contracting Officer of any new subrecipient
agreement with: (1) an entity that is owned or otherwise controlled by the Recipient; or (2) an entity that is owned or
otherwise controlled by another entity that also owns or otherwise controls the Recipient, as it is DOE’s position that these
situations also create at a minimum an apparent conflict of interest.
Special Terms and Conditions
16
The Recipient is responsible for making a final determination to award or modify contractor
agreements under this agreement, but the Recipient may not proceed with the contractor
agreement until the Contracting Officer determines, and provides the Recipient written
notification, that the information provided is adequate.
Should the Recipient not receive a written notification of adequacy from the Contracting Officer
within 30 days of the submission of the contractor documentation stipulated above, the
Recipient may proceed to award or modify the proposed contractor agreement.
Term 34. Recipient Integrity and Performance Matters
A. General Reporting Requirement
If the total value of your currently active Financial Assistance awards, grants, and
procurement contracts from all Federal awarding agencies exceeds $10,000,000 for
any period of time during the period of performance of this Federal award, then you
as the recipient during that period of time must maintain the currency of
information reported to the System for Award Management (SAM) that is made
available in the designated integrity and performance system (currently the Federal
Awardee Performance and Integrity Information System (FAPIIS)) about civil,
criminal, or administrative proceedings described in paragraph 2 of this term. This is
a statutory requirement under section 872 of Public Law 110-417, as amended (41
U.S.C. 2313). As required by section 3010 of Public Law 111-212, all information
posted in the designated integrity and performance system on or after April 15,
2011, except past performance reviews required for Federal procurement contracts,
will be publicly available.
B. Proceedings About Which You Must Report
Submit the information required about each proceeding that:
i. Is in connection with the award or performance of a Financial Assistance,
cooperative agreement, or procurement contract from the Federal
Government;
ii. Reached its final disposition during the most recent five-year period; and
iii. Is one of the following:
1. A criminal proceeding that resulted in a conviction, as defined in
paragraph E of this award term and condition;
2. A civil proceeding that resulted in a finding of fault and liability and
payment of a monetary fine, penalty, reimbursement, restitution, or
damages of $5,000 or more;
3. An administrative proceeding, as defined in paragraph E of this term,
that resulted in a finding of fault and liability and your payment of
either a monetary fine or penalty of $5,000 or more or
reimbursement, restitution, or damages in excess of $100,000; or
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17
4. Any other criminal, civil, or administrative proceeding if:
a. It could have led to an outcome described in paragraph B.iii.1,
2, or 3 of this term;
b. It had a different disposition arrived at by consent or
compromise with an acknowledgment of fault on your part;
and
c. The requirement in this term to disclose information about
the proceeding does not conflict with applicable laws and
regulations.
C. Reporting Procedures
Enter in the SAM Entity Management area the information that SAM requires about
each proceeding described in paragraph B of this term. You do not need to submit
the information a second time under assistance awards that you received if you
already provided the information through SAM because you were required to do so
under Federal procurement contracts that you were awarded.
D. Reporting Frequency
During any period of time when you are subject to the requirement in paragraph A
of this term, you must report proceedings information through SAM for the most
recent five-year period, either to report new information about any proceeding(s)
that you have not reported previously or affirm that there is no new information to
report. Recipients that have Federal contract, Financial Assistance awards,
(including cooperative agreement awards) with a cumulative total value greater than
$10,000,000, must disclose semiannually any information about the criminal, civil,
and administrative proceedings.
E. Definitions
For purposes of this term:
i. Administrative proceeding means a non-judicial process that is adjudicatory
in nature in order to make a determination of fault or liability (e.g., Securities
and Exchange Commission Administrative proceedings, Civilian Board of
Contract Appeals proceedings, and Armed Services Board of Contract
Appeals proceedings). This includes proceedings at the Federal and State
level but only in connection with performance of a Federal contract or
Financial Assistance awards. It does not include audits, site visits, corrective
plans, or inspection of deliverables.
ii. Conviction means a judgment or conviction of a criminal offense by any court
of competent jurisdiction, whether entered upon a verdict or a plea, and
includes a conviction entered upon a plea of nolo contendere.
iii. Total value of currently active Financial Assistance awards, cooperative
agreements and procurement contracts includes—
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18
1. Only the Federal share of the funding under any Federal award with a
recipient cost share or match; and
2. The value of all expected funding increments under a Federal award and
options, even if not yet exercised.
Term 35. Export Control
The United States government regulates the transfer of information, commodities, technology,
and software considered to be strategically important to the U.S. to protect national security,
foreign policy, and economic interests without imposing undue regulatory burdens on
legitimate international trade. There is a network of Federal agencies and regulations that
govern exports that are collectively referred to as “Export Controls.” The Recipient is
responsible for ensuring compliance with all applicable United States Export Control laws and
regulations relating to any work performed under a resulting award.
The Recipient must immediately report to DOE any export control violations related to the
project funded under this award, at the recipient or subrecipient level, and provide the
corrective action(s) to prevent future violations.
Term 36. Interim Conflict of Interest Policy for Financial Assistance
The DOE interim Conflict of Interest Policy for Financial Assistance (COI Policy) can be found at
https://www.energy.gov/management/department-energy-interim-conflict-interest-policy-
requirements-financial-assistance. This policy is applicable to all non-Federal entities applying
for, or that receive, DOE funding by means of a financial assistance award (e.g., a grant,
cooperative agreement, or technology investment agreement) and, through the
implementation of this policy by the entity, to each Investigator who is planning to participate
in, or is participating in, the project funded wholly or in part under this Award. The term
“Investigator” means the PI and any other person, regardless of title or position, who is
responsible for the purpose, design, conduct, or reporting of a project funded by DOE or
proposed for funding by DOE. The Recipient must flow down the requirements of the interim
COI Policy to any contracting non-Federal entities, with the exception of DOE National
Laboratories. Further, the Recipient must identify all financial conflicts of interests (FCOI), i.e.,
managed and unmanaged/ unmanageable, in its initial and ongoing FCOI reports.
Prior to award, the Recipient was required to: 1) ensure all Investigators on this Award
completed their significant financial disclosures; 2) review the disclosures; 3) determine
whether a FCOI exists; 4) develop and implement a management plan for FCOIs; and 5) provide
DOE with an initial FCOI report that includes all FCOIs (i.e., managed and
unmanaged/unmanageable). Within 180 days of the date of the Award, the Recipient must be
in full compliance with the other requirements set forth in DOE’s interim COI Policy.
Term 37. Organizational Conflict of Interest
Organizational conflicts of interest are those where, because of relationships with a parent
company, affiliate, or subsidiary organization, the Recipient is unable or appears to be unable to
Special Terms and Conditions
19
be impartial in conducting procurement action involving a related organization (2 CFR
200.318(c)(2)).
The Recipient must disclose in writing any potential or actual organizational conflict of interest
to the DOE Contracting Officer. The Recipient must provide the disclosure prior to engaging in
a procurement or transaction using project funds with a parent, affiliate, or subsidiary
organization that is not a state, local government, or Indian tribe. For a list of the information
that must be included the disclosure, see Section VI. of the DOE interim Conflict of Interest
Policy for Financial Assistance at https://www.energy.gov/management/department-energy-
interim-conflict-interest-policy-requirements-financial-assistance.
If the effects of the potential or actual organizational conflict of interest cannot be avoided,
neutralized, or mitigated, the Recipient must procure goods and services from other sources
when using project funds. Otherwise, DOE may terminate the Award in accordance with 2 CFR
200.340 unless continued performance is determined to be in the best interest of the Federal
government.
The Recipient must flow down the requirements of the interim COI Policy to any contracting
non-Federal entities, with the exception of DOE National Laboratories. The Recipient is
responsible for ensuring contractor compliance with this term.
If the Recipient has a parent, affiliate, or subsidiary organization that is not a state, local
government, or Indian tribe, the Recipient must maintain written standards of conduct covering
organizational conflicts of interest.
Term 38. Prohibition on Certain Telecommunications and Video Surveillance
Services or Equipment
As set forth in 2 CFR 200.216, recipients and subrecipients are prohibited from obligating or
expending project funds (Federal and non-Federal funds) to:
(1) Procure or obtain;
(2) Extend or renew a contract to procure or obtain; or
(3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment,
services, or systems that uses covered telecommunications equipment or services as a
substantial or essential component of any system, or as critical technology as part of any
system. As described in Public Law 115-232, section 889, covered telecommunications
equipment is telecommunications equipment produced by Huawei Technologies Company
or ZTE Corporation (or any subsidiary or affiliate of such entities).
(i) For the purpose of public safety, security of government facilities, physical security
surveillance of critical infrastructure, and other national security purposes, video
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20
surveillance and telecommunications equipment produced by Hytera
Communications Corporation, Hangzhou Hikvision Digital Technology Company, or
Dahua Technology Company (or any subsidiary or affiliate of such entities).
(ii) Telecommunications or video surveillance services provided by such entities or
using such equipment.
(iii) Telecommunications or video surveillance equipment or services produced or
provided by an entity that the Secretary of Defense, in consultation with the Director
of the National Intelligence or the Director of the Federal Bureau of Investigation,
reasonably believes to be an entity owned or controlled by, or otherwise connected
to, the government of a covered foreign country.
See Public Law 115-232, section 889 for additional information.
Term 39. Human Subjects Research
Research involving human subjects, biospecimens, or identifiable private information
conducted with Department of Energy (DOE) funding is subject to the requirements of DOE
Order 443.1C, Protection of Human Research Subjects, 45 CFR Part 46, Protection of Human
Subjects (subpart A which is referred to as the “Common Rule”), and 10 CFR Part 745, Protection
of Human Subjects.
Federal regulation and the DOE Order require review by an Institutional Review Board (IRB) of
all proposed human subjects research projects. The IRB is an interdisciplinary ethics board
responsible for ensuring that the proposed research is sound and justifies the use of human
subjects or their data; the potential risks to human subjects have been minimized; participation
is voluntary; and clear and accurate information about the study, the benefits and risks of
participating, and how individuals’ data/specimens will be protected/used, is provided to
potential participants for their use in determining whether or not to participate.
The Recipient shall provide the Federal Wide Assurance number identified in item 1 below and
the certification identified in item 2 below to DOE prior to initiation of any project that will
involve interactions with humans in some way (e.g., through surveys); analysis of their
identifiable data (e.g., demographic data and energy use over time); asking individuals to test
devices, products, or materials developed through research; and/or testing of commercially
available devices in buildings/homes in which humans will be present. Note: This list of
examples is illustrative and not all inclusive.
No DOE funded research activity involving human subjects, biospecimens, or identifiable
private information shall be conducted without:
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21
1) A registration and a Federal Wide Assurance of compliance accepted by the Office of
Human Research Protection (OHRP) in the Department of Health and Human Services;
and
2) Certification that the research has been reviewed and approved by an Institutional
Review Board (IRB) provided for in the assurance. IRB review may be accomplished by
the awardee’s institutional IRB; by the Central DOE IRB; or if collaborating with one of
the DOE national laboratories, by the DOE national laboratory IRB.
The Recipient is responsible for ensuring all subrecipients comply and for reporting information
on the project annually to the DOE Human Subjects Research Database (HSRD) at
https://science.osti.gov/HumanSubjects/Human-Subjects-Database/home. Note: If a DOE IRB
is used, no end of year reporting will be needed.
Additional information on the DOE Human Subjects Research Program can be found at:
https://science.osti.gov/ber/human-subjects
Term 40. Fraud, Waste and Abuse
The mission of the DOE Office of Inspector General (OIG) is to strengthen the integrity,
economy and efficiency of DOE’s programs and operations including deterring and detecting
fraud, waste, abuse and mismanagement. The OIG accomplishes this mission primarily through
investigations, audits, and inspections of Department of Energy activities to include grants,
cooperative agreements, loans, and contracts. The OIG maintains a Hotline for reporting
allegations of fraud, waste, abuse, or mismanagement. To report such allegations, please visit
https://www.energy.gov/ig/ig-hotline.
Additionally, the Recipient must be cognizant of the requirements of 2 CFR § 200.113
Mandatory disclosures, which states:
The non-Federal entity or applicant for a Federal award must disclose, in a
timely manner, in writing to the Federal awarding agency or pass-through
entity all violations of Federal criminal law involving fraud, bribery, or gratuity
violations potentially affecting the Federal award. Non-Federal entities that
have received a Federal award including the term and condition outlined in
appendix XII of 2 CFR Part 200 are required to report certain civil, criminal, or
administrative proceedings to SAM (currently FAPIIS). Failure to make
required disclosures can result in any of the remedies described in § 200.339.
(See also 2 CFR part 180, 31 U.S.C. 3321, and 41 U.S.C. 2313.)
Subpart D. Bipartisan Infrastructure Law (BIL)-specific requirements
Term 41. Reporting, Tracking and Segregation of Incurred Costs
Special Terms and Conditions
22
BIL funds can be used in conjunction with other funding, as necessary to complete projects, but
tracking and reporting must be separate to meet the reporting requirements of the BIL and
related Office of Management and Budget (OMB) Guidance. The Recipient must keep separate
records for BIL funds and must ensure those records comply with the requirements of the BIL.
Funding provided through the BIL that is supplemental to an existing grant or cooperative
agreement is one-time funding.
Term 42. Davis-Bacon Requirements
This award is funded under Division D of the Bipartisan Infrastructure Law (BIL). All laborers
and mechanics employed by the recipient, subrecipients, contractors or subcontractors in the
performance of construction, alteration, or repair work in excess of $2,000 on an award funded
directly by or assisted in whole or in part by funds made available under this award shall be
paid wages at rates not less than those prevailing on similar projects in the locality, as
determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title
40, United States Code commonly referred to as the “Davis-Bacon Act” (DBA).
Recipients shall provide written assurance acknowledging the DBA requirements for the award
or project and confirming that all of the laborers and mechanics performing construction,
alteration, or repair, through funding under the award are paid or will be paid wages at rates
not less than those prevailing on projects of a character similar in the locality as determined by
Subchapter IV of Chapter 31 of Title 40, United States Code (Davis-Bacon Act).
The Recipient must comply with all of the Davis-Bacon Act requirements, including but not
limited to:
(1) ensuring that the wage determination(s) and appropriate Davis-Bacon clauses
and requirements are flowed down to and incorporated into any applicable
subcontracts.
(2) being responsible for compliance by any subcontractor with the Davis-Bacon
labor standards.
(3) receiving and reviewing certified weekly payrolls submitted by all
subcontractors and subrecipients for accuracy and to identify potential
compliance issues.
(4) maintaining original certified weekly payrolls for 3 years after the completion
of the project and must make those payrolls available to the DOE or the
Department of Labor upon request, as required by 29 CFR 5.6(a)(2).
(5) conducting payroll and job-site reviews for construction work, including
interviews with employees, with such frequency as may be necessary to assure
compliance by its subcontractors and as requested or directed by the DOE.
(6) cooperating with any authorized representative of the Department of Labor
in their inspection of records, interviews with employees, and other actions
undertaken as part of a Department of Labor investigation.
Special Terms and Conditions
23
(7) posting in a prominent and accessible place the wage determination(s) and
Department of Labor Publication: WH-1321, Notice to Employees Working on
Federal or Federally Assisted Construction Projects.
(8) notifying the Contracting Officer of all labor standards issues, including all
complaints regarding incorrect payment of prevailing wages and/or fringe
benefits, received from the recipient, , contractor, or subcontractor employees;
significant labor standards violations, as defined in 29 CFR 5.7; disputes
concerning labor standards pursuant to 29 CFR parts 4, 6, and 8 and as defined in
FAR 52.222-14; disputed labor standards determinations; Department of Labor
investigations; or legal or judicial proceedings related to the labor standards
under this Contract, a subcontract, or subrecipient award.
(9) preparing and submitting to the Contracting Officer, the Office of
Management and Budget Control Number 1910-5165, Davis Bacon Semi-Annual
Labor Compliance Report, by April 21 and October 21 of each year. Form
submittal will be administered through the iBenefits system
(https://doeibenefits2.energy.gov) or its successor system.
The Recipient must undergo Davis-Bacon Act compliance training and must maintain
competency in Davis-Bacon Act compliance. The Contracting Officer will notify the Recipient of
any DOE sponsored Davis-Bacon Act compliance trainings. The Department of Labor offers free
Prevailing Wage Seminars several times a year that meet this requirement, at
https://www.dol.gov/agencies/whd/government-contracts/construction/seminars/events.
The Department of Energy has contracted with, a third-party DBA electronic payroll compliance
software application. The Recipient must ensure the timely electronic submission of weekly
certified payrolls as part of its compliance with the Davis-Bacon Act unless a waiver is granted
to a particular contractor or subcontractor because they are unable or limited in their ability to
use or access the software.
Davis Bacon Act Electronic Certified Payroll Submission Waiver
A waiver must be granted before the award starts. The applicant does not have the right to
appeal SCEP’s decision concerning a waiver request.
For additional guidance on how to comply with the Davis-Bacon provisions and clauses, see
https://www.dol.gov/agencies/whd/government-contracts/construction and
https://www.dol.gov/agencies/whd/government-contracts/protections-for-workers-in-
construction.
Term 43. Buy American Requirement for Infrastructure Projects
*NOTE: Buy American Requirements only apply to awards over $250,000. Please disregard this
section if your total EECBG Program award is less than $250,000.
Special Terms and Conditions
24
A. Definitions
Components are defined as the articles, materials, or supplies
incorporated directly into the end manufactured product(s).
Construction Materials are an article, material, or supply—other than
an item primarily of iron or steel; a manufactured product; cement
and cementitious materials; aggregates such as stone, sand, or gravel;
or aggregate binding agents or additives—that is used in an
infrastructure project and is or consists primarily of non-ferrous
metals, plastic and polymer-based products (including
polyvinylchloride, composite building materials, and polymers used in
fiber optic cables), glass (including optic glass), lumber, drywall,
coatings (paints and stains), optical fiber, clay brick; composite
building materials; or enginSCEPd wood products.
Domestic Content Procurement Preference Requirement- means a
requirement that no amounts made available through a program for
federal financial assistance may be obligated for an infrastructure
project unless—
(A) all iron and steel used in the project are produced in the United
States;
(B) the manufactured products used in the project are produced in the
United States; or
(C) the construction materials used in the project are produced in the
United States.
Also referred to as the Buy America Requirement.
Infrastructure includes, at a minimum, the structures, facilities, and
equipment located in the United States, for: roads, highways, and
bridges; public transportation; dams, ports, harbors, and other
maritime facilities; intercity passenger and freight railroads; freight
and intermodal facilities; airports; water systems, including drinking
water and wastewater systems; electrical transmission facilities and
systems; utilities; broadband infrastructure; and buildings and real
property; and generation, transportation, and distribution of energy -
including electric vehicle (EV) charging.
The term “infrastructure” should be interpreted broadly, and the
definition provided above should be considered as illustrative and not
exhaustive.
Special Terms and Conditions
25
Manufactured Products are items used for an infrastructure project
made up of components that are not primarily of iron or steel;
construction materials; cement and cementitious materials’
aggregates such as stone, sand, or gravel; or aggregate binding agents
or additives.
Primarily of iron or steel means greater than 50% iron or steel,
measured by cost.
Project- means the construction, alteration, maintenance, or repair of
infrastructure in the United States.
Public- The Buy America Requirement does not apply to non-public
infrastructure. For purposes of this guidance, infrastructure should be
considered “public” if it is: (1) publicly owned or (2) privately owned
but utilized primarily for a public purpose. Infrastructure should be
considered to be “utilized primarily for a public purpose” if it is
privately operated on behalf of the public or is a place of public
accommodation.
B. Buy America Requirement
None of the funds provided under this award (federal share or
recipient cost-share) may be used for a project for infrastructure
unless:
1. All iron and steel used in the project is produced in the
United States—this means all manufacturing processes,
from the initial melting stage through the application of
coatings, occurred in the United States;
2. All manufactured products used in the project are
produced in the United States—this means the
manufactured product was manufactured in the United
States; and the cost of the components of the
manufactured product that are mined, produced, or
manufactured in the United States is greater than 55
percent of the total cost of all components of the
manufactured product, unless another standard for
determining the minimum amount of domestic content of
the manufactured product has been established under
applicable law or regulation; and
Special Terms and Conditions
26
3. All construction materials are manufactured in the United
States—this means that all manufacturing processes for the
construction material occurred in the United States.
The Buy America Requirement only applies to articles, materials, and
supplies that are consumed in, incorporated into, or permanently
affixed to an infrastructure project. As such, it does not apply to tools,
equipment, and supplies, such as temporary scaffolding, brought into
the construction site and removed at or before the completion of the
infrastructure project. Nor does a Buy America Requirement apply to
equipment and furnishings, such as movable chairs, desks, and
portable computer equipment, that are used at or within the finished
infrastructure project but are not an integral part of the structure or
permanently affixed to the infrastructure project.
Recipients are responsible for administering their award in accordance
with the terms and conditions, including the Buy America
Requirement. The recipient must ensure that the Buy America
Requirement flows down to all subawards and that the subawardees
and subrecipients comply with the Buy America Requirement. The
Buy America Requirement term and condition must be included all
sub-awards, contracts, subcontracts, and purchase orders for work
performed under the infrastructure project.
C. Certification of Compliance
The Recipient must certify or provide equivalent documentation for
proof of compliance that a good faith effort was made to solicit bids
for domestic products used in the infrastructure project under this
Award.
The Recipient must also maintain certifications or equivalent
documentation for proof of compliance that those articles, materials,
and supplies that are consumed in, incorporated into, affixed to, or
otherwise used in the infrastructure project, not covered by a waiver
or exemption, are produced in the United States. The certification or
proof of compliance must be provided by the suppliers or
manufacturers of the iron, steel, manufactured products and
construction materials and flow up from all subawardees, contractors
and vendors to the Recipient. The Recipient must keep these
certifications with the award/project files and be able to produce
them upon request from DOE, auditors or Office of Inspector General.
Special Terms and Conditions
27
D. Waivers
When necessary, the Recipient may apply for, and DOE may grant, a
waiver from the Buy America Requirement. Requests to waive the
application of the Buy America Requirement must be in writing to the
Contracting Officer. Waiver requests are subject to review by DOE and
the Office of Management and Budget, as well as a public comment
period of no less than 15 calendar days.
Waivers must be based on one of the following justifications:
1. Public Interest- Applying the Buy America Requirement would
be inconsistent with the public interest;
2. Non-Availability- The types of iron, steel, manufactured
products, or construction materials are not produced in the
United States in sufficient and reasonably available quantities
or of a satisfactory quality; or
3. Unreasonable Cost- The inclusion of iron, steel, manufactured
products, or construction materials produced in the United
States will increase the cost of the overall project by more than
25 percent.
Requests to waive the Buy America Requirement must include the
following:
• Waiver type (Public Interest, Non-Availability, or Unreasonable
Cost);
• Recipient name and Unique Entity Identifier (UEI);
• Award information (Federal Award Identification Number,
Assistance Listing number);
• A brief description of the project, its location, and the specific
infrastructure involved;
• Total estimated project cost, with estimated federal share and
recipient cost share breakdowns;
• Total estimated infrastructure costs, with estimated federal
share and recipient cost share breakdowns;
• List and description of iron or steel item(s), manufactured
goods, and/or construction material(s) the recipient seeks to
waive from the Buy America Preference, including name, cost,
quantity(ies), country(ies) of origin, and relevant Product
Service Codes (PSC) and North American Industry Classification
System (NAICS) codes for each;
Special Terms and Conditions
28
• A detailed justification as to how the non-domestic item(s)
is/are essential the project;
• A certification that the recipient made a good faith effort to
solicit bids for domestic products supported by terms included
in requests for proposals, contracts, and non-proprietary
communications with potential suppliers;
• A justification statement—based on one of the applicable
justifications outlined above—as to why the listed items
cannot be procured domestically, including the due diligence
performed (e.g., market research, industry outreach, cost
analysis, cost-benefit analysis) by the recipient to attempt to
avoid the need for a waiver. This justification may cite, if
applicable, the absence of any Buy America-compliant bids
received for domestic products in response to a solicitation;
and
• Anticipated impact to the project if no waiver is issued.
The Recipient should consider using the following principles as
minimum requirements contained in their waiver request:
• Time-limited: Consider a waiver constrained principally by a
length of time, rather than by the specific project/award to
which it applies. Waivers of this type may be appropriate, for
example, when an item that is “non-available” is widely used in
the project. When requesting such a waiver, the Recipient
should identify a reasonable, definite time frame (e.g., no more
than one to two years) designed so that the waiver is reviewed
to ensure the condition for the waiver (“non-availability”) has
not changed (e.g., domestic supplies have become more
available).
• Targeted: Waiver requests should apply only to the item(s),
product(s), or material(s) or category(ies) of item(s),
product(s), or material(s) as necessary and justified. Waivers
should not be overly broad as this will undermine domestic
preference policies.
• Conditional: The Recipient may request a waiver with specific
conditions that support the policies of IIJA/BABA and Executive
Order 14017.
DOE may request, and the Recipient must provide, additional
information for consideration of this wavier. DOE may reject or grant
Special Terms and Conditions
29
waivers in whole or in part depending on its review, analysis, and/or
feedback from OMB or the public. DOEs final determination regarding
approval or rejection of the waiver request may not be appealed.
Waiver requests may take up to 90 calendar days to process.
Term 44. Affirmative Action and Pay Transparency Requirements
All federally assisted construction contracts exceeding $10,000 annually will be subject to the
requirements of Executive Order 11246:
(1) Recipients and contractors are prohibited from discriminating in
employment decisions on the basis of race, color, religion, sex, sexual
orientation, gender identity or national origin.
(2) Recipients and contractors are required to take affirmative action to
ensure that equal opportunity is provided in all aspects of their
employment. This includes flowing down the appropriate language to all
subrecipients, contractors and subcontractors.
(3) Recipients and contractors are prohibited from taking adverse
employment actions against applicants and employees for asking about,
discussing, or sharing information about their pay or, under certain
circumstances, the pay of their co-workers.
The Department of Labor’s (DOL) Office of Federal Contractor Compliance Programs (OFCCP)
uses a neutral process to schedule contractors for compliance evaluations. OFCCP’s Technical
Assistance Guide 4 should be consulted to gain an understanding of the requirements and
possible actions the recipients, subrecipients, contractors and subcontractors must take.
Term 45. Potentially Duplicative Funding Notice
If the Recipient have or receive any other award of federal funds for activities that potentially
overlap with the activities funded under this Award, the Recipient must promptly notify DOE in
writing of the potential overlap and state whether project funds (i.e., recipient cost share and
federal funds) from any of those other federal awards have been, are being, or are to be used
(in whole or in part) for one or more of the identical cost items under this Award. If there are
identical cost items, the Recipient must promptly notify the DOE Contracting Officer in writing
of the potential duplication and eliminate any inappropriate duplication of funding.
Term 46. Transparency of Foreign Connections
4 See OFCCP’s Technical Assistance Guide at:
https://www.dol.gov/sites/dolgov/files/ofccp/Construction/files/ConstructionTAG.pdf?msclkid=9e397d68c4b111ec
9d8e6fecb6c710ec Also see the National Policy Assurances http://www.nsf.gov/awards/managing/rtc.jsp
Special Terms and Conditions
30
During the term of the Award, the Recipient must notify the DOE Contracting Officer within
fifteen (15) business days of learning of the following circumstances in relation to the Recipient
or contractors:
1. The existence of any joint venture or subsidiary that is based in, funded by, or has a
foreign affiliation with any foreign country of risk;
2. Any current or pending contractual or financial obligation or other agreement
specific to a business arrangement, or joint venture-like arrangement with an
enterprise owned by a country of risk or foreign entity based in a country of risk;
3. Any current or pending change in ownership structure of the Recipient or
contractors that increases foreign ownership related to a country of risk;
4. Any current or pending venture capital or institutional investment by an entity that
has a general partner or individual holding a leadership role in such entity who has a
foreign affiliation with any foreign country of risk;
5. Any current or pending technology licensing or intellectual property sales to a
foreign country of risk; and
6. Any current or pending foreign business entity, offshore entity, or entity outside the
United States related to the Recipient or subrecipient.
Term 47. Foreign Collaboration Considerations
a. Consideration of new collaborations with foreign organizations and governments.
The Recipient must provide DOE with advanced written notification of any potential
collaboration with foreign entities, organizations or governments in connection with
its DOE-funded award scope. The Recipient must await further guidance from DOE
prior to contacting the proposed foreign entity, organization or government
regarding the potential collaboration or negotiating the terms of any potential
agreement.
b. Existing collaborations with foreign entities, organizations and governments. The
Recipient must provide DOE with a written list of all existing foreign collaborations in
which has entered in connection with its DOE-funded award scope.
c. Description of collaborations that should be reported: In general, a collaboration will
involve some provision of a thing of value to, or from, the Recipient. A thing of value
includes but may not be limited to all resources made available to, or from, the
recipient in support of and/or related to the Award, regardless of whether or not
they have monetary value. Things of value also may include in-kind contributions
(such as office/laboratory space, data, equipment, supplies, employees, students).
In-kind contributions not intended for direct use on the Award but resulting in
provision of a thing of value from or to the Award must also be reported.
Collaborations do not include routine workshops, conferences, use of the Recipient’s
services and facilities by foreign investigators resulting from its standard published
Special Terms and Conditions
31
process for evaluating requests for access, or the routine use of foreign facilities by
awardee staff in accordance with the Recipient’s standard policies and procedures.
________________________________________________________________
Authorized Signature Date
Name:
Title:
Entity Name:
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: October 9, 2024
Professional Services Agreement with
Kennedy Jenks for Final Design Services for
Tracyton Beach Road Sewer Improvements
Project
COUNCIL MEETING Date:
Department: Public Works & Utilities
Presenter: David Powell
Phone: (360) 473-5268
SUMMARY: This project will remedy an ongoing challenging maintenance for the sewer along
Tracyton Beach Road in East Bremerton. This 4,000 feet of 8-inch diameter sewer requires weekly
maintenance by City operations staff due to the low flow velocities through the sewer pipeline. The
purpose of the proposed design is to remedy this by increasing the flowrate through the sewer main
using pumps to improve sewer flow velocity. The benefits of this project include reduced operations
and maintenance costs, reduction in the possibility of SSO’s, and reduction in sewer odors.
Kennedy Jenks has completed a Preliminary Design Technical Memorandum that identifies the
preferred alternative which is the basis for the proposal and scope of work to deliver the final project.
ATTACHMENTS: 1. Agreement ; 2. Location Map
FISCAL IMPACTS (Include Budgeted Amount): This project is identified in the 2025-2030 Capital
Improvement Program as CIP Project ID# WW00036 for $5.0M. This project is currently approved for
a low interest SFR Loan (Agreement No. WQC-2023-BremPW -00148) through the Department of
Ecology for $5.008M.
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION: Move to award the agreement for Final Design Services for Tracyton
Beach Road Sewer Improvements in the amount of $833,139, including sales tax, and authorize the
Mayor to finalize and execute the agreement with substantially the same terms and conditions as
presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
B3
Item pulled…
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: October 9, 2024
Professional Services Agreement with Casey
Civil, PLLC for Construction Management
Services for Decommission Beach Sewer
(OF-4 to EB-2)
COUNCIL MEETING Date: October 16, 2024
Department: Public Works & Utilities
Presenter: David Powell
Phone: (360) 473-5268
SUMMARY: Construction management for the Decommission Beach Sewer (OF-4 to EB-2) project
in Manette involves close coordination and communication with the contractor, residents, regulatory
agencies, archeologist, utilities, and tribes. Although a City inspector will be on site full time, external
construction management support is needed in order to effectively deliver this project. Staff has
negotiated a scope of work with Casey Civil, PLLC in the amount of $277,669.
ATTACHMENTS: 1. Agreement ; 2. Location Map
FISCAL IMPACTS (Include Budgeted Amount): The Decommission Beach Sewer in Manette (OF-
4 to EB-2) is identified in the 2025-2030 Capital Improvement Program as CIP Project ID# WW0004
for $4.05M. This project is currently approved for a low interest SFR Loan (Agreement No. WQC-
2020-BremPW -00066) through the Department of Ecology for $2.3M. Staff will be asking Ecology for
an increase in the loan amount after contractor bids are opened.
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION: Move to award the agreement for Construction Management Services
for Decommission Beach Sewer (OF-4 to EB-2) to Casey Civil, PLLC in the amount of $277,669,
including sales tax, and authorize the Mayor to finalize and execute the agreement with substantially
the same terms and conditions as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
B4
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Bremerton/Casey Civil, PLLC
Construction Management Services for Decommission Beach Sewer in Manette (OF-4 to EB-2)
September 2024
PROFESSIONAL SERVICES AGREEMENT
Construction Management Services for
Decommission Beach Sewer in Manette (OF-4 to EB-2) / #5848
The City of Bremerton (“City”) and Casey Civil, PLLC (“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 September 19, 2024, 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 and 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 X.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 $277,669. 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 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.
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Bremerton/Casey Civil, PLLC
Construction Management Services for Decommission Beach Sewer in Manette (OF-4 to EB-2)
September 2024
None of the benefits provided by the City to its employees, including, but not limited to, compensation,
insurance, and unemployment insurance are available from the City to the employees, agents,
representatives, or sub-consultants of the Consultant. Consultant will be solely and entirely responsible
for its acts and for the acts of Consultant's agents, employees, representatives and sub-consultants during
the performance of this Agreement. The City may, during the term of this Agreement, engage other
independent Consultants to perform the same or similar work.
As an independent Consultant, Consultant is responsible for its own management. The City’s
administration and enforcement of this Agreement shall not be deemed an exercise of managerial control
over Consultant or its personnel.
As an independent Consultant, Consultant is responsible for payment of all taxes and licensing
fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not
limited to State industrial insurance, Business & Occupation, State professional licensing, and City
business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold
the delinquent amount, plus any additional charges arising from the delinquency, from any payments due
Consultant.
V. Indemnification:
A. Consultant shall defend, indemnify and hold the City, its officers, officials, employees,
agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all
legal costs and attorney fees, arising out of or in connection with the performance of this Agreement except
for that portion of the injuries and damages caused by the City’s sole negligence, unless Consultant is
conducting work pursuant to Subsection B below.
The City's review or acceptance of any of the work when completed shall not be grounds to avoid
any of these covenants of indemnification.
B. Architects, Engineers and Any Other Professional Listed In and Performing Services
Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that Consultant’s services
provided pursuant to this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages
arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent
negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the
Consultant's liability hereunder shall be only to the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES
OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
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
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Bremerton/Casey Civil, PLLC
Construction Management Services for Decommission Beach Sewer in Manette (OF-4 to EB-2)
September 2024
connection with the performance of the work hereunder by the Consultant, its agents, representatives,
employees, sub-consultants or sub-Consultants.
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 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.
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Bremerton/Casey Civil, PLLC
Construction Management Services for Decommission Beach Sewer in Manette (OF-4 to EB-2)
September 2024
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 Consultants (sub-consultants or sub-
Consultants) 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-Consultant 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 University Place, 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.
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.
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Bremerton/Casey Civil, PLLC
Construction Management Services for Decommission Beach Sewer in Manette (OF-4 to EB-2)
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E. Place of Work: The Consultant shall perform the work authorized under this Agreement
at its offices in University Place, 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: Angela Hoover Attn: Brian Casey
City of Bremerton Casey Civil, PLLC
345 6th Street, Suite 100 6824 19th Street W, #407
Bremerton, WA 98337-1891 University Place, WA 98466
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 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.
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Bremerton/Casey Civil, PLLC
Construction Management Services for Decommission Beach Sewer in Manette (OF-4 to EB-2)
September 2024
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 Consultant 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 subConsultants, 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, 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
Page 7 of 7
Bremerton/Casey Civil, PLLC
Construction Management Services for Decommission Beach Sewer in Manette (OF-4 to EB-2)
September 2024
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 Washington State and 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 State or 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 CASEY CIVIL, PLLC
By: By:
Print Name: Print Name:
Its: Its:
Date: Date:
APPROVED AS TO FORM: ATTEST:
By: By:
Kylie J. Finnell, Bremerton City Attorney Angela Hoover, City Clerk
Attachments:
EXHIBIT A – Agreed Scope of Work
EXHIBIT B – Schedule
EXHIBIT C – Rates and Fees
R:\Legal\Legal\Forms\FORMS ON COBWEB\Professional Services Agreement Rev. 04 2023.docx
Brian Casey
Principal Engineer
Greg Wheeler
Mayor
City of Bremerton Casey Civil, PLLC Decommission Beach Sewer OF-4 to EB-2 CM
September 2024 Page 1
EXHIBIT A - SCOPE OF SERVICES
City of Bremerton
Client Project No. 5848
Decommission Beach Sewer OF-4 to EB-2
Construction Management Services
September 19, 2024
Project Overview and Understanding:
The City of Bremerton (City) has selected Casey Civil, PLLC (Consultant) to provide construction
management services for the Decommission Beach Sewer OF-4 to EB-2 Project (Project). Consultant will
work as an extension of City staff to provide construction management services, using a dedicated City
employee for routine, on-site inspection services. City has an existing contract with the design engineer,
Parametrix (Designer), who will review and respond to requested design changes, review critical
equipment and component submittals, and support startup and commissioning. The scope of services is
based on the anticipated project schedule below:
Activity Duration Approximate Date
Bidding and Award 3 months Nov 2024 – Feb 2025
Construction 10 months Feb 2025 – Dec 2025
Testing, Startup, Commissioning 1 month Jan 2026
Abandon Beach Sewer 1 month Feb 2026
Scope Outline:
The scope of services is generally separated into the following tasks:
•Task 1 – Contract Management
•Task 2 – Pre-Construction Efforts
•Task 3 – Construction Management
A detailed description of the work included with these tasks is provided below.
Task 1 – Contract Management
This Task is limited to invoicing and project reporting. Client coordination and coordination with team
members is included as part of other tasks. No project management plan (PMP) will be prepared, nor
will any project schedules be prepared or updated other than what is included in this scope of work.
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Subtask 1.1 – Invoicing and Project Reporting
Prepare project report and invoice to briefly communicate the work that occurred during the invoicing
period.
Task Deliverables:
• Monthly invoices and project status reports
Assumptions:
• Project will include work over the course of no more than fifteen (15) months, resulting in a
maximum of fifteen (15) invoices/project reports.
Task 2 – Pre-Construction Efforts
This Task includes efforts associated with reviewing and becoming familiar with the plans and
specifications.
Subtask 2.1 – Contract Documents Review and Pre-Construction Conference
Review and become familiar with plans and specifications prior to the preconstruction conference.
Attend pre-construction conference with selected Contractor, City stakeholders, and Designer.
Task Deliverables:
• Pre-construction conference notes
Assumptions:
• Review will focus on developing an understanding of the contract documents
• Detailed review to create a comment-review log will not be completed.
• City will take the lead in facilitating the pre-construction conference.
Task 3 – Construction Management
This Task includes efforts associated with proactively managing the progress of the Project.
Subtask 3.1 – Virtual Project Manager (VPM) Training
City to provide CM team training using City’s Virtual Project Manager (VPM) software.
Subtask 3.2 – Site Visits and Construction Observations
Consultant CM Lead will visit the construction site(s), as requested by city staff, to supplement the City’s
Field Inspector daily visits and to maintain an understanding of the progress and any issues. Site visits
will be documented using the City’s construction observation form.
Subtask 3.3 – Coordination with City Field Inspector and Other City Staff
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Consultant CM Lead will support and regularly coordinate with City Field Inspector to remain apprised of
construction activities and potential issues as well as review daily inspection reports. CM team will also
communicate with the City’s Project Manager and other City staff, if requested.
Subtask 3.4 – Contractor Coordination and Meetings
Consultant CM Lead will facilitate weekly construction meetings and produce and circulate meeting
agenda and produce meeting notes within two (2) days of the meeting. Coordination with Resource
Agencies, compliance with the Inadvertent Discovery Plan (IDP) will be a standing meeting agenda item.
Communications will also occur outside of the construction meetings, as needed. Specific to this effort is
reviewing the Contractor’s overall schedule updates monthly to consider allowable work windows.
Review and discuss Contractor’s 3-week look ahead schedule at each meeting.
Subtask 3.5 – Submittals, RFIs, Work Change Directives, Change Orders & Pay Requests
Consultant CM Lead will serve as the primary point of contact for the Contractor for contract or office
related matters such as logging the submission and response of all construction-related documents,
including submittals, requests for information (RFIs), change orders, work change directives, force
account items and payment requests. CM Lead will respond to general material submittals and will
distribute submittals and RFIs that require design input to the Designer for review and response. City
field inspector will be the primary contact for field related matters and contractor field staff. Change
orders will be reviewed and discussed with the City’s Project Manager and the Designer, if necessary.
Payment requests will be reviewed for completeness and accuracy with the City Field Inspector, and an
overall contract cost will be projected prior to recommending payment by City.
Subtask 3.6 – Public Involvement and Coordination
Consultant CM team will support the City Inspector with coordinating with private property owners and
support community outreach sponsored by the City when needed or requested by the City. As questions
or complaints arise during construction, Consultant CM team will take the lead in documenting the
questions/complaints of property owners and the public and providing written responses as required.
All communications will be logged and tracked for status and need for additional follow-up. There are
roughly 12 properties, with condominiums and apartments directly impacted by the construction.
Additionally, Consultant CM team will support and attend one public meeting led by City staff.
Subtask 3.7 – Coordinate Contractor/Archaeologist Activities
Consultant CM Lead will proactively communicate with Contractor/Archaeologist to ensure the
Archaeological Work Plan is followed and that activities comply with the Inadvertent Discovery Plan
(IDP).
Subtask 3.8 – Coordinate with External Utility, Regulatory, and Tribal Stakeholders
Consultant CM team will lead the proactive communication with local franchise utilities including:
Cascade Natural Gas, Puget Sound Energy, and Comcast for utility connections. All communications will
be logged and tracked for status and need for additional field related follow-up. Further, CM Team will
coordinate with resource and tribal agencies include WDFW, USACE, DNR, Ecology, and EPA. Tribal
stakeholders include the Suquamish and Puyallup Tribes.
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Subtask 3.9 – Startup and Commissioning
City field inspection team will coordinate the startup and commissioning of each of the 13 grinder pump
stations with “Correct Equipment”. Consultant CM team will coordinate startup and commissioning of
EB-7 pump station and all generators and ensure operation of the entire project. CM Team will develop
and complete a checklist and coordinate with the Contractor. Consultant CM team will coordinate final
inspection and development and final completion of punch list with the contractor. Consultant CM Team
is responsible for contacting vendors and coordinating the training of City staff.
Subtask 3.10 – As-Built Drawings
Coordinate with and review Contractor field set of as-built drawings for completeness on a monthly
basis.
Task Deliverables:
• Construction observation reports, one for each site visit.
• Construction meeting agendas and notes
• Submittal/RFI/Change Order/Work Change Directive/Force Account logs
• Submittal/RFI/Change Order/Work Change Directive responses
• Contractor Pay Request review and recommendations
• Private Residence communication log
• Franchise Agency / Resource Agency stakeholder / tribal communication log
• Pump Station startup checklist for the City pump station and generators transfer switches and
related electrical equipment.
Assumptions:
• Consultant will not be required to purchase City VPM software or hardware necessary to run the
program.
• VPM training is assumed at a maximum of four (4) hours for each of two Consultant staff
members.
• Consultant CM Lead site visits are assumed to occur one day each week, on average, throughout
the project construction (12 months), except that for the first two months of construction the
Consultant CM Lead will visit the site with the City Field Inspector twice per week. Visits are
assumed at eight (8) hours per visit, including travel and completion of construction observation
reports. Days for site visits will be scheduled in advance to allow coordination of schedules.
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• Coordination between Consultant CM Lead and City Field Inspector is assumed at one half (1/2)
hour per day, on average, not counting the site visit days by the CM Lead, or two (2) hours per
week throughout the duration of construction (12 months). An additional two (2) hours per
month is allocated for communication with other City staff throughout the project duration (15
months).
• Of the anticipated 12 months of construction, it is assumed that weekly construction meetings
will only be required for roughly 10 of the 12 months of construction, or about 40 construction
meetings. Each meeting is estimated at two (2) hours including preparation, facilitation, and
documentation of meeting notes. An additional eight (8) hours per month is estimated for
contractor coordination, for the 12 months of construction.
• Material and equipment submittals are assumed to not exceed 50 total submittals, with all
submittals reviewed by the Designer and only tracking and coordination required by the CM
team, estimated at one (1) hour per submittal.
• Up to twenty (20) RFIs are estimated for this project, assuming four (4) hours per RFI, on
average. This estimated effort includes coordination with the contractor, the Designer, and the
City, as required.
• Up to five (5) change orders are estimated for this project, assuming eight (8) hours each, on
average.
• Up to 35 Work Change Directives (WCDs) are estimated, assuming four (4) hours each, on
average. The Change Orders will be an accumulation summary of multiple WCDs.
• Up to twelve (12) payment requests are estimated for this project, assuming two (2) hours per
payment request, on average.
• City Field Inspector will track all force account work and document in City form.
• Public outreach is estimated at two (2) hours for each of the approximately 12 residences along
the project route plus another two (2) hours per month throughout the 12 months of
construction to cover miscellaneous public outreach and support plus another 8 hours for one
public outreach event.
• City Field Inspector will serve as primary point of contact for the public through the construction
project. Consultant CM Lead will serve as the secondary point of contact.
• City Project Archaeologist, or approved designee, will lead all observation efforts during
excavation of areas within the Area of Potential Effects (APE), in alignment with the
Archaeological Work Plan, and will serve as the primary point of contact in the event that
anything is found during excavation outside of the APE.
• Consultant CM Lead coordination with Archaeological Work Plan and IDP is assumed to be
limited to schedule reviews and leading discussion associated with weekly construction
meetings. This effort is assumed to not exceed four (4) hours per month through the duration of
construction.
• Coordination with franchise utilities, regulatory agencies and tribal stakeholders will be by the
Consultant CM Team in coordination with City Field inspector, estimated at 16 hours per month
for the estimated 10 months of active construction. If questions or conflicts arise, CM team will
bring in City PM for resolution.
• Startup efforts for the grinder pump generators is assumed to require four (4) hours for each of
the four (4) generators, on average. Startup effort for EB-7 is assumed to require 24 hours due
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to greater complexity. CM Team will serve in a support role to the City and Designer during the
startup and testing effort.
• City staff will coordinate and witness startup of individual grinder pump stations and will
request support as needed from the Consultant CM Lead.
• Contract documents will require the review of current as-built markups as a condition of
payment application approval.
• As-built drawings will be updated by the Designer at the end of the Project.
September 19, 2024
City of Bremerton
Decommission Beach Sewer (OF-4 to EB-2)
Exhibit B - Schedule
EXHIBIT B - SCHEDULE
Work Element Completed By
Notice to Proceed November 2024
Substantial Completion, 30 days after anticipated
construction completion
February 28, 2026
EXHIBIT B – RATES & FEES
City of Bremerton
Decommission Beach Sewer OF-4 to EB-2
Construction Management% of work per year
2024 0%
2025 100%
5%Annual Labor Escalation
Current Billing Rate $230.00 $155.00 $85.00
Average Billing Rate (multiple year projects)$241.50 $162.75 $89.25
Senior Engineer Project Eng I Administrative Hours Labor Expenses Total
Task 1 - Contract Management
Task 1.1 - Invoicing and Project Reporting 15 15 15 45 7,403$ 7,403$ Task 1 Subtotal 15 15 15 45 7,403$ -$ 7,403$ Task 2 - Pre-Construction Efforts
Task 2.1 - Contract Documents Review & Pre-Construction Conference6 22 28 5,030$ 5,030$ Task 2 Subtotal6 220 28 5,030$ -$ 5,030$ Task 3 - Construction Management
Task 3.1 - Virtual Project Manager (VPM) Training448 1,617$ 1,617$ Task 3.2 - Site Visits and Construction Observations 20 496 516 85,554$ 3,525$ 89,079$ Task 3.3 - Coordination with City Field Inspector and Other City Staff 24 104 128 22,722$ 22,722$ Task 3.4 - Contractor Coordination and Meetings 16 176 192 32,508$ 32,508$ Task 3.5 - Submittals, RFIs, Work Change Directives, Change Orders, & Pay Requests 16 334 350 58,223$ 58,223$ Task 3.6 - Public Involvement and Coordination8 56 64 11,046$ 11,046$ Task 3.7 - Coordinate Contractor/Archaeologist Activities8 48 56 9,744$ 9,744$ Task 3.8 - Coordinate with External Utility, Regulatory, and Tribal Stakeholders 12 160 172 28,938$ 28,938$ Task 3.9 - Startup and Commissioning 12 40 52 9,408$ 9,408$ Task 3.10 - As-Built Drawings 12 12 1,953$ 1,953$ Task 3 Subtotal 120 14300 1550 261,713$ 3,525$ 265,237$ GRAND TOTAL 141 1467 15 1623 274,145$ 3,525$ 277,669$ Casey Civil, PLLC September 19, 2024
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: 10/9/2024
Contract amendment and budget adjustment
for 2024 Commonstreet Consulting, LLC
Amendment 1
COUNCIL MEETING Date: 10/16/2024
Department: Finance
Presenter: Melinda Monroe
Phone: (360) 473-5306
SUMMARY: The City would like to execute Amendment 1 to the agreement with Commonstreet
Consulting, LLC. The homelessness response rate was initially estimated to be at a rate of 21 cases
per month but has resulted in an actual rate of 46 cases per month. As a result, the City would like to
request a budget adjustment from existing funds from the Parking Fund balance for the additional
$46,467.50 and in support of this amendment.
ATTACHMENTS: Amendment 1 to the Agreement with Commonstreet Consulting, LLC
FISCAL IMPACTS (Include Budgeted Amount): $46,647.50 from Parking Fund balance
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve, a budget adjustment in the amount of $46,647.50 to the parking fund, from
existing reserves, and authorize the Mayor to finalize and execute Amendment 1 to the
Commonstreet Consulting, LLC homelessness response services agreemen t with
substantially the same terms and conditions as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 04/19/2024
Page 1 of 3
Contract Modification no. 1
Rev. 09/2021
CONTRACT MODIFICATION AGREEMENT NO. 1
BETWEEN THE CITY OF BREMERTON AND COMMONSTREET
CONSULTING, LLC, COB contract no. 6635
Homelessness Response Property Management Program Services
September 1, 2024
THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE
AGREEMENT (the "Contract") entered into between the City of Bremerton and Common
Street Consulting, LLC on January 25, 2024,
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:
The estimated monthly visits has increased from 21 per month to an annual average of 46 per
month resulting in the following changes to the estimated annual labor costs prorated through
December 31, 2024 and effective September 1, 2024.
Job title
Units
(Per
Month)
actual
rate
OLD Labor
Cost ($1
per Month)
NEW
Labor Cost
($1 per
Month)
Differenc
e
Estimate
Labor
Costs (4
remaining
months)
Principal/Sr.
Advisor/Program Mgr. 8 304 $1,530 $2,432 $902 $4,510
Project/Property
Manager 38 188 $3,760 $7,144 $3,384 $16,920
ROW Agent (s) 94 125 $8,750 $11,750 $3,000 $15,000
Project Controls
Specialist/ROW Tech 35 115 $2,070 $4,025 $1,955 $9,775
Other Direct Expenses
(ODE) Mileage per visit
46
(visits) 0.655 $1,293 $1,346 $52.50 $262.50
Other Direct Expenses
(ODE) Printing, Job
Supplies, PPE, Etc. 1 250 $250.00 $250 $0.00 $0.00
Total $26,946.50 $46,467.50
Section III. Compensation , is modified as follows:
The original contract amount was Two-hundred Twelve Thousand Dollars ($212,000 .00). The
City shall pay the Consultant for the additional work described above, based on time and materials,
Page 2 of 3
Contract Modification no. 1
Rev. 09/2021
an amount not to exceed Forty-six thousand, four hundred sixty-seven dollars and fifty cents
($46,467.50) for a total amended contract amount of two hundred fifty-eight thousand, four-
hundred sixty-seven dollars and fifty cents ($258,467.50), including this Contract Modification.
II.
Consultant accepts all requirements of this Contract Modification by endorsing below.
Consultant further agrees that this Contract Modification constitutes full and final
settlement of all of the Consultant’s claims for contract time and for all costs of any kind,
including without limitation, costs of delays related to any work either covered or affected
by this Contract Modification, claims related to on-site or home office overhead, or lost
profits. This Contract Modification does not limit the City’s right to bring a claim for past
performance.
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.
COMMONSTREET CONSULTING, LLC THE CITY OF BREMERTON
By: By:
Print Name: Print Name:
Its: Its:
Date: Date:
APPROVED AS TO FORM: ATTEST:
By: By:
KYLIE J. FINNELL, Bremerton City Attorney ANGELA HOOVER, City Clerk
Page 3 of 3
Contract Modification no. 1
Rev. 09/2021
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
Aaron Elton
Police Captain
City of Bremerton Police Dept.
1025 Burwell St.
Bremerton, WA 98337
R:\Legal\Legal\Forms\FORMS ON COBWEB\Contract Modification Rev. 09 2021.docx
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: October 9, 2024
Proposed Public Hearing for Resolution in
Support/Opposition of WA State Ballot
Initiative 2117 Concerning Carbon Tax
Credit Trading
COUNCIL MEETING Date: October 16, 2024
Department: City Attorney
Presenter: Kylie Finnell
Phone: (360) 473-2345
SUMMARY: Initiative 2117 would prohibit state agencies from implementing a cap-and-trade or cap-
and-tax program. Additionally, it would repeal the 2021 Washington Climate Commitment Act (CCA),
a state law that created a cap-and-invest carbon program to reduce greenhouse gas emissions by
95% by 2050 and prepare the state for a future low-carbon economy.
RCW 42.17A.555(1) authorizes the City Council to take action to express a collective decision, or to
actually vote upon a motion, proposal, or ordinance, or to support or oppose a ballot measure so long
as (a) the agenda includes the title and number of the ballot proposition, and (b) members of the
public and councilmembers are afforded an approximately equal opportunity to express an opposing
view.
The attached Resolution is written to be modified to be either in support or opposition. The Council
could pass a resolution in support of Initiative 2117, pass a resolution opposing Initiative 2117, or
decide not to take any action at all.
ATTACHMENTS: Resolution No. ____
FISCAL IMPACTS:
The only project that has currently been approved that includes Climate Commitment Act funding is
the View Ridge Elementary – Almira Drive Phase 1 project that was awarded $4.155M.
Bremerton project funding awards that are contingent on Climate Commitment Act funding:
$500k for the Warren Avenue Bridge Project design phase.
$5.912M for the View Ridge Elementary – Almira Drive Phase 2 design and construction
phase.
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☒ Public Hearing
RECOMMENDED MOTION LANGUAGE:
Move to adopt Resolution ____ supporting Washington State Ballot Initiative 2117 Concerning
Carbon Tax Credit Trading.
Move to adopt Resolution ____ opposing Washington State Ballot Initiative 2117 Concerning Carbon
Tax Credit Trading.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
B6
Page 1 of 2
Concerning
Washington State
Ballot Initiative 2117
RESOLUTION NO. ______
A RESOLUTION of the City Council of the City of
Bremerton, Washington, in [Support/Opposition] of Washington
State Ballot Initiative 2117 concerning Carbon Tax Credit Trading.
WHEREAS, a ballot measure titled “Initiative Measure No. 2117 concerns carbon
tax credit trading” is scheduled to go to the voters at the Washington General Election on
November 5, 2024; and
WHEREAS, the Office of the Secretary of State Elections Division has completed
and certified signature verification for Initiative 2117; and
WHEREAS, Initiative 2117 reads as follows: This measure would prohibit state
agencies from imposing any type of carbon tax credit trading, including “cap and trade” or “cap
and tax” programs, regardless of whether the resulting increased costs are imposed on fuel
recipients or fuel suppliers. It would repeal sections of the 2021 Washington Climate Commitment
Act as amended, including repealing the creation and modification of a “cap and invest” program
to reduce greenhouse gas emissions by specific entities; and
WHEREAS, RCW 42.17A.555(1) authorizes the City Council to take action to
express a collective decision, or to actually vote upon a motion, proposal, or ordinance, or to
support or oppose a ballot measure so long as (a) the agenda includes the title and number of the
ballot proposition, and (b) members of the public and councilmembers are afforded an
approximately equal opportunity to express an opposing view;
WHEREAS, consistent with the procedural mandates of RCW 42.17A.555, the
City Council considered a resolution in support or opposition of Initiative 2117 at its October 16,
2024 Regular Meeting, during which the public and Coucilmembers were given approximately
equal opportunity for expression of a supporting or opposing view on Initiative 2117; NOW
THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Support/Oppose. The City Council of the City of Bremerton,
Washington, adopts this resolution to officially [support/oppose] Initiative 2117 concerning
carbon tax credit trading.
SECTION 2. Severability. If any one or more sections, subsections, or
Page 2 of 2
Concerning
Washington State
Ballot Initiative 2117
sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Resolution and the same shall remain in full
force and effect.
SECTION 3. Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
PASSED by the City Council of the City of Bremerton, Washington this _____
day of __________________, 2024.
JENNIFER CHAMBERLIN, Council President
APPROVED AS TO FORM: ATTEST:
KYLIE J. FINNELL, City Attorney ANGELA HOOVER, City Clerk
Published for
October 9
Study Session
Item B6
Public Comments
From:Thomas Knuckey
To:Bryan McConaughy/BMcConsulting; Greg Wheeler; Ned Lever; Shane Weber; Kylie Finnell; City Council
Subject:RE: Update on funding impact of I-2117
Date:Wednesday, October 9, 2024 11:08:08 AM
Mayor – I discussed this with Kylie and am forwarding to the City Council as public comment.
Tom Knuckey, P.E.
Director of Public Works & Utilities
City of Bremerton
Desk (360) 473-2376/Cell (360) 710-0039
tom.knuckey@bremertonwa.gov
From: Bryan McConaughy/BMcConsulting <bryan@bmcconsulting.net>
Sent: Wednesday, October 9, 2024 9:47 AM
To: Greg Wheeler <Greg.Wheeler@ci.bremerton.wa.us>; Thomas Knuckey
<Thomas.Knuckey@ci.bremerton.wa.us>; Ned Lever <Ned.Lever@ci.bremerton.wa.us>; Shane
Weber <Shane.Weber@ci.bremerton.wa.us>
Subject: Update on funding impact of I-2117
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.
Funding for the Warren Ave Bridge pedestrian project could be in jeopardy if Initiative 2117
is passed. This initiative repeals the Climate Commitment Act. The $16.8B funding Move
Ahead WA package passed two years ago, included $25M for the Warren Avenue Bridge. The
funding for the bridge was part of the $5.4B that was to be paid via the Climate Commitment
Act. The Warren Ave Bridge project is considered a walk and bike improvement project.
Senate Transportation Chair, Marko Liias, was recently quoted as saying, “It would require the
whole package to be renegotiated….”
Is the Gorst Widening project funding in jeopardy? Technically, the project was funded via the
$11.4B portion of the Move Ahead WA transportation package that didn’t rely on the Climate
Commitment Act funding. But if the Legislature decides to renegotiate the entire package, all
projects are put on the table for review and potential change.
We are confident that the View Ridge Safe To Schools $6M funding that was included in last
session’s supplemental transportation budget will NOT be funded if Initiative 2117 passes.
BMcConsulting
bryan@bmcconsulting.net
(206) 953-6026
From:Travis Merrigan
To:City Council
Subject:Oppose 2117!
Date:Wednesday, October 9, 2024 2:50:15 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
Council,
Quick note in support of your effort to OPPOSE 2117! Our transportation and climate future
depends on bold steps forward. Passing 2117 would be a bad step in the wrong direction.
Thanks for your opposition!
Travis Merriga
From:William Looney
To:City Council
Subject:Our community deserves to be healthy and safe
Date:Wednesday, October 9, 2024 1:02:10 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
Dear Chamberlin,
As you know, fossil fuels pose a threat not only to our planet, but to our community. Study after study has shown
that extracting, transporting, refining, and burning fossil fuels harms environmental and human health. In short,
fossil fuel expansion is undercutting the good work local governments are undertaking on climate action and public
health.
I’m writing to you today to ask you to please pass a resolution that calls for a Fossil Fuel Non-Proliferation Treaty
and pledges to stop the expansion of fossil fuels in our community (and if we've already passed one, please continue
working to pass concrete policies to do the same). Passing this resolution will demonstrate your intent to keep our
community healthy and safe. You’ll also be showing your support for global action against the climate crisis via the
Fossil Fuel Treaty and showing your commitment to taking local action to pass SAFE (Stand Against Fossil Fuel
Expansion) policies that stop fossil fuel expansion.
All around us, on virtually every continent around the globe, a movement is growing. People from Canada to
California from Boulder to Baltimore from the Amazon Sacred Headwaters to the Rhineland from Capetown to
Jakarta – and beyond – are fighting fossil fuel expansion: and more often than not, they’re winning. The Treaty and
SAFE Cities movements are connecting these neighbors, local groups, elected officials, and government staff and
helping them pass policies that take concrete and lasting action to protect community health and safety and address
the climate crisis.
The Fossil Fuel Treaty has been endorsed by hundreds of organizations collectively representing tens of millions of
people, hundreds of municipalities like ours, and 13 nation-states. It's even gaining traction within the halls of the
United Nations. The Treaty is aiming to end the exploration for new fossil fuels, phase out existing production in
line with a 1.5ºC scenario, and implement a just transition for every worker, community, and country.
As a member of your community, I’m asking you to endorse the Fossil Fuel Treaty and show your commitment to
ending the expansion of fossil fuels in and around our homes. Together, we can keep our community and planet safe
from fossil fuels, speed up the shift to clean, renewable energy, and create good, long-term jobs.
I look forward to hearing back from you and working with you to stop the proliferation of fossil fuels.
Thank you,
William Looney
Silverdale, WA
From:dianne iverson
To:City Council
Subject:No on 2117!
Date:Wednesday, October 9, 2024 3:43:09 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
Bremerton City council members,
I encourage the Council to take a stand against 2117 which is on the ballot this November.
There are many reasons to vote no on 2117 but I will focus on just one. Bremerton is in the
midst of change and local transportation projects such as the Almira/ Safe Routes to Schools
funding and the multimodal improvements to the Warren Avenue bridge will be dramatically
affected if 2117 passes.
Let’s continue to make Bremerton a more livable city for our residents. The resources that
would be lost for our transportation projects if 2117 were to pass would be a huge step
backwards for our community.
Thank you for putting this item on your agenda.
Dianne Iverson
Resident of Bremerton
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: October 9, 2024
Overview of the 2024 Comprehensive Plan
Housing Element
COUNCIL MEETING Date: October 16, 2024
Department: DCD
Presenter: G. Jackson
Phone: (360) 473-5289
SUMMARY:
As part of the ongoing 2024 Comprehensive Plan Update, this discussion is intended to gather
feedback from the City Council on the Housing Element of the City's Comprehensive Plan.
The Housing element is intended to demonstrate that the City has planned for a sufficient number of
housing units to account for forecasted population increases, this includes housing for different
income levels and housing types. A presentation providing a full overview of the Housing Element will
be provided at the meeting. The attached Memo contains resources documenting review of the
Housing Element that has occurred thus far.
ATTACHMENTS:
Staff Memo
FISCAL IMPACTS: No impact.
STUDY SESSION AGENDA: ☐ Limited Presentation ☒ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Informational only. No motion is required.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/09/2021
B7
To: City Council
From: Garrett Jackson
Date: October 16, 2024
Subject: Comprehensive Plan Update Review
SUMMARY
As part of the ongoing 2024 Comprehensive Plan Update, this discussion is intended to gather
feedback from the City Council on the Housing Element of the City's Comprehensive Plan. This
Memo contains resources documenting review of the Housing Element that has occurred thus far. A
presentation providing a full overview of the Housing Element will be provided at the meeting.
BACKGROUND
The Comprehensive Plan update is required by the Washington State Growth Management Act
(GMA) in order to demonstrate that Bremerton has the capacity to absorb population and
employment increases forecast to the year 2044. Population estimates indicate that the City will
grow to 63,757 persons and 58,258 jobs by 2044; this means the City is forecast to increase its
population by over 46%, with a 32% increase in the number of jobs. The Bremerton Comprehensive
Plan must conform to the Washington State Growth Management Act, Puget Sound Regional
Council (PSRC) Vision 2050, and the Kitsap Regional Coordinating Council (KRCC) Countywide
Planning Policies. More information about the Bremerton Comprehensive Planning process can be
found at Bremerton2044.com .
HOUSING ELEMENT, REVIEW RESOURCES
The Housing element is intended to demonstrate that the City has planned for a sufficient number of
housing units to account for forecasted population increases, this includes housing for different income
levels and housing types. The links below will provide information packets from individual workshops
where the Housing Element was discussed; videos of these meetings can be found at
Bremerton2044.com.
March 20, 2023 Planning Commission Workshop, Housing Element review
September 18, 2023 Planning Commission Workshop, Housing Element review
September 16, 2024 Planning Commission Workshop, Housing Appendix review
Draft Housing Appendix, available with other draft documents on Bremerton2044.com
What are the Root Causes of Homelessness? Informational video
DEPARTMENT OF
COMMUNITY DEVELOPMENT
MEMORANDUM
Review
2
What is the
Comprehensive Plan?
20-year Development Plan
•Housing
•Environment
•Transportation
•City Services
•And more
3
Growth Management Act (GMA)
Comprehensive Planning
4
Comprehensive Plan Process:
Growth Management Act (RCW 36.70A): Plan for growth
Puget Sound Regional Council (PSRC): Plan for growth regionally
Kitsap Regional Coordinating Council (KRCC): Ensure GMA is met at a
Countywide level through Countywide Planning Policies (CPPs)
Population estimates indicate that the City will grow to 63,757 persons
and 58,258 jobs by 2044. This represents a population increase over
46%, with a 32% increase in the number of jobs.
PSRC Regional Growth Centers
5
Growth Strategy
6
GROWTH STRATEGY
7Bremerton2044.com
Council
Review
Milestones
8
February 7, 2024 -Vision, Goals, Policies
and Growth Strategy
August 28, 2024 –Updated Comprehensive
Plan Schedule
September 18, 2024 –Land Use Element
Housing Element
9
Existing Housing Conditions &
Demographic Information
10
Age of Housing
11
Median Rent Increase
12
Bremerton Poverty Level
2024 Federal Poverty Level (family of 4) $31,200
13
Housing Element Vision
14
Vision –Housing Element
To encourage the growth of Bremerton by
strategically locating a wide variety of housing
types throughout the City in a way that
protects the environment and fosters
community health.
15
Puget
Sound
Regional
Council
Region is expected to grow by
830,000 households by the year
2050
16
17
Planning for housing by income level
18
Kitsap County
planning for
housing by
income level
19
Support through government subsidy
20
Racially Disparate Impacts
21
Historical Context
Bremerton is within the historical territory of the
Suquamish people. The Suquamish people
have lived, gathered plants, collected
ceremonial and spiritual items, hunted, and
fished since time immemorial in what is now
western Washington State.
Sinclair Park consisted of 280 homes in
Bremerton that segregated Black residents
from 1943 to 1948.
Racially Disparate Impact section includes
information on the historic exclusion of Black
and Asian populations, exclusionary zoning,
racially restrictive covenants, and redlining.
22
Home Ownership Rates
23
Policy Evaluation
24
“S” Supportive
“A” Approaching
“C” Challenging
“NA” Not Applicable
Each Housing Element policy was reviewed for:
•The language itself.
•The content and design of the policy.
•Likely impacts on housing stock, mix, and disparities.
•Whether mitigation efforts are needed.
Example of Revised Policy
Draft Environmental Impact
Statement (DEIS) Alternatives
25
26
Draft Environmental Impact Statement (DEIS) Alternatives
27
Draft Environmental Impact Statement (DEIS) Alternatives
Questions?
Garrett Jackson (360) 473-5289 garrett.jackson@ci.Bremerton.wa.us
28
c1
Cover Sheet for Item C1 under General Council Business:
Public Safety Committee Briefing (Last Meeting on
10/3/24) with Chair Denise Frey
Changes to BMC 5.06
NO UNLICENSED
RENT
INCREASES OR
EVICTIONS
•Unlawful to
increase rent or
evict without a valid
registration
•Incentivizes
compliance
•No impact to law
abiding landlords
RA (UNSAFE)
•Must pay up to
$2000 in relocation
assistance for all
tenants.
•City can pay
assistance and then
seek reimbursement
from landlord with
interest.
•No impact to law
abiding landlords.
RA
(IMPROVING)
•Low-income
tenants eligible to
receive up to
$2000 in relocation
assistance –half
from landlord and
half from City.
•Increased costs to
landlords improving
their properties.
NO NEW FEES
•There are no
proposed fee
changes to the
code with this draft.
•No impact to law
abiding landlords.
NO NEW
INSPECTIONS
•There are no
proposed changes
to the inspection
requirements.
•No impact to law
abiding landlords.