HomeMy WebLinkAbout03/19/2025 CITY COUNCIL AGENDA PACKET______________________________________________________________
CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 - Phone (360) 473-5280
WEDNESDAY, MARCH 19, 2025
CITY COUNCIL MEETING AGENDA
Council Members and staff will be participating in the meeting in -person, and the public is invited to attend. Or
beginning at 5:30 PM, the public may participate remotely through one of the following options:
To stream online only (via BKAT Feed, with no interaction possible):
https://bremerton.vod.castus.tv/vod/?live=ch1&nav=live
Members of the public are invited to join the Zoom Meeting by clicking on the link below:
https://bremertonwa-gov.zoom.us/j/89694813320?pwd=Z0JvSXNhSFp1c0xhL1NxUjRhN20xUT09
Or One tap mobile:
US: +12532050468,,89694813320#,,,,*173061# or +12532158782,,89694813320#,,,,*173061#
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 +1 669 444 9171 or +1 669 900 6833
Webinar ID: 896 9481 3320; Passcode: 173061
Public questions or comments may be submitted ahead of time to City.Council@bremertonwa.gov
1. BRIEFING: 5:00 – 5:30 P.M. in COUNCIL CONFERENCE ROOM 603
A. Review of Agenda
B. General Council Business (Only as necessary...)
2. CALL TO ORDER: 5:30 P.M. in FIRST FLOOR CHAMBERS
3. MAYOR'S REPORT
4. CONSENT AGENDA
A. Claims and Check Register
B. Minutes of Council Meeting – March 5, 2025
C. Minutes of Study Session – March 12, 2025
D. Confirm Reappointment of Vanessa Acierto to the Bremerton Kitsap Access Television Citizen’s
Advisory Committee
E. Approve Purchase of Cues Sewer/Storm Camera Van
F. Subgrant Agreement through the Association of WA Cities (AWC) Energy Audit Grant Program for
Clean Building Performance Standards Energy Audits
G. Professional Services Agreement with CONSOR North America, Inc. for Manganese Treatment
Facilities (Eastside) Final Design
5. PUBLIC RECOGNITION – To address the Council on any issues not already on the agenda.
Please state your name for the record in person, and limit your comments to under 3-minutes
6. GENERAL BUSINESS
A. Overview of 2024 Comprehensive Plan City Services Element Public comment only
7. COUNCIL MEMBER REPORTS
8. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING
Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special
accommodations please contact the City Clerk at (360) 473-5323 at least 24 hours prior to the meeting.
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: N/A
Claims & Check Register COUNCIL MEETING Date: March 19, 2025
Department: Legal Services
Presenter: Lindsey Victor
Phone: (360) 473-2344
SUMMARY:
Approval of the following checks and electronic fund transfers:
1. Check Numbers 410286 – 410441 and EFT Numbers V43042 - V43160 in the grand total
amount of $3,382,731.88.
2. Regular Payroll for pay period ending February 28, 2025, in the amount of $1,082,633.35.
3. Regular Payroll Correction to pay period ending February 28, 2025, in the amount of $948.10.
ATTACHMENTS:
FISCAL IMPACTS (Include Budgeted Amount):
STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve the Claims & Check Register as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
4A
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT:
Minutes of Council Meeting – March 5, 2025
Study Session Date: N/A
COUNCIL MEETING Date: March 19, 2025
Department: City Council
Presenter: Council President
Phone: (360) 473-5280
SUMMARY: The Minutes for the Council Meeting held on March 5, 2025 are attached.
ATTACHMENTS: Council Meeting Minutes
FISCAL IMPACTS (Include Budgeted Amount): None
STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Mo ve to approve the March 5, 2025 Council Meeting Minutes as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/3/17
4B
DIGITAL RECORDING
CITY COUNCIL HYBRID MEETING MINUTES
Wednesday, March 5, 2025
The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday,
March 5, 2025, at 5:00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT
CENTER, 345 6th Street, Bremerton, Washington, with Council President Eric Younger
presiding. Council Members present were Anna Mockler, Michael Goodnow, Jane Rebelowski, Jeff
Coughlin, Denise Frey, and Jennifer Chamberlin (remotely). At 5:30 PM, the meeting moved to the
First Floor Meeting Chambers. Also present were City Attorney Kylie Finnell; Acting City Clerk
Lindsey Victor; Legislative Assistant Christine Grenier; and IT Manager Dave Sorensen.
President Younger announced the City Council is conducting the Council Meeting in-person, and
because community involvement is encouraged, the public is invited to also join the meeting in
person, or participate via a remote option through Zoom or view on BKAT; and announced that
Item 4J under the Consent Agenda will be heard under General Business.
MAYOR’S REPORT – Mayor Wheeler provided highlights of the following:
Kitsap Search and Rescue conducted training at Public Works & Utilities Complex
Public Comment through March 13 on SR3-Gorst Area Planning & Linkages Study
Haddon Park Renovation Project Update
Kitsap Lake Park Renovation Project Update
6th Street Preservation Phase III Project Construction beginning on Monday, March 17
CONSENT AGENDA
4A – Check Numbers 410148 through 410285 and Electronic Fund Transfers V42950 through
V43041 in the grand total amount of $3,781,087.75; Regular Payroll for pay period ending
January 31, 2025 in the amount of $1,223,956.42; Regular Payroll Payout for pay period
ending January 31, 2025 in the amount of $11,966.02; Regular Payroll for pay period
ending February 15, 2025 in the amount of $1,119,114.30; Regular Payroll Payout ending
February 15, 2025 in the amount of $983.60; and Retiree Payroll for pay period ending
February 28, 2025 in the amount of $37,426.83.
4B – Minutes of Meeting – February 19, 2025
4C – Minutes of Study Session – February 26, 2025
4D – Confirm Appointment of Ana Doehring to the Planning Commission
4E – Confirm Appointment of Daniel Cole to the BKAT Citizen’s Advisory Committee
4F – Confirm Reappointment of Kirstie Haertel to the Citizen’s Commission on Council Salaries
4G – Confirm Appointment of Quinn Dennehy to the Citizen’s Commission on Council Salaries
4H – Confirm Appointment of John Brennan to the Citizen’s Commission on Council Salaries
4I – The Interlocal Purchasing System (TIPS) Agreement with Region 8 Education Center
4J – Ordinance No. 5509 to amend BMC Chapter 1.06 entitled “Disclosure of Public Records”
Moved to General Business
4K – Approval of Legislative Office Manager Job Description
4L – 2025 – 2026 Council Goals & Priorities
4M – Resolution No. 3394 to repeal Resolution No. 3366; and adopt updated Council Rules &
Procedures
City Council Reg. Mtg. Minutes
Wednesday, March 5, 2025
Page 2 of 4
4N – Remanding 2025 Revised Funding Recommendations to the Lodging Tax Advisory
Committee
There were no questions or comments from the public…
5:41 PM M/S/C (Mockler/Rebelowski) Move to approve the CONSENT AGENDA as presented.
Voted in Favor of Motion: Chamberlin, Frey, Rebelowski, Mockler, Younger
Abstained: Coughlin, Goodnow
Motion carried; 5-Yes; 2- Abstentions
President Younger announced that as indicated on the Agenda, Public Recognition provides an
opportunity for attendees to address the Council on any issue not already on tonight’s Agenda, and
there will be no public comments accepted via Zoom, unless prior arrangements were made
through the City Clerk by calling (360) 473-5323 at least 24-hours prior to the meeting. We only
ask that you state your name for the record and please limit your comments to 3-minutes or less.
A timer system will be used so that everyone is treated fairly.
PUBLIC RECOGNITION – Questions and comments from the public were submitted by Mary Lou
Long; Justin Law; Daniel Cole; John Hanson; Robin Weldin; Alden Bradford; Naomi Levine;
Kathy Lustig; Jose Camacho; Sierra Lucas; Caroline Stein
GENERAL BUSINESS
6A – ORDINANCE NO. 5509 TO AMEND BMC CHAPTER 1.06 ENTITLED “DISCLOSURE OF
PUBLIC RECORDS”: City Attorney Kylie Finnell summarized that the proposed ordinance
modifies the provisions of Bremerton Municipal Code 1.06 relating to Public Records. The
modifications will update the language in BMC 1.06.060 regarding fees for records and follow the
guidelines as written in RCW 42.56.120. This amendment will also clean up language in the
chapter.
Questions or comments from the public were provided by Jose Camacho; Unknown; Mary Lou
Long; with responses provided by Ms. Finnell…
6:25 PM Motion was made by Coughlin and seconded by Mockler. Questions and comments were
provided by Coughlin, Rebelowski, Chamberlin, Younger.
6:32 PM M/S/C/U (Coughlin/Mockler) Move to approve Ordinance No. 5509 amending BMC
Chapter 1.06 relating to public records. Motion carried unanimously
6B – OVERVIEW OF THE 2024 WASTEWATER COMPREHENSIVE PLAN UPDATE: Managing
Engineer Bill Davis summarized in a presentation that WAC 173-240-050 requires government
agencies and sewer districts responsible for the management of sewer systems to prepare a
general sewer plan and update it regularly. The City updates their plan, referred to as the
Wastewater Comprehensive Plan Update (WWCP Update), every 10 years. The City hired
Kennedy Jenks Consultants to update the plan, with an anticipated plan adoption by the Bremerton
City Council during the 2nd half of 2025. The plan describes the existing wastewater infrastructure
and evaluates the impact of projected flows to develop a 20-year capital plan, which describes any
required capital improvements and how they will be funded. When implemented, the plan ensures
that aging infrastructure is replaced or rehabilitated and accommodates future growth by
eliminating capacity restrictions and extending sewer infrastructure where appropriate. This plan
also includes an alternatives analysis of the Crosstown Pipeline and a feasibility analysis for
providing future sewer service at Puget Sound Industrial Center (PSIC). A 30-day public comment
City Council Reg. Mtg. Minutes
Wednesday, March 5, 2025
Page 3 of 4
period starting on February 27 will allow the general public an opportunity to review and comment
on the plan, which will be posted on the City’s project website.
Questions or comments from the public were submitted by Jose Camacho; Robin Weldin; Kathy
Lustig; Naomi Levine; Mary Lou Long; with responses provided by Mr. Davis.
COUNCIL MEMBER REPORTS
Jennifer Chamberlin announced the next Warren Avenue Clean-Up on Saturday, March 15 at
9:00 AM and Stephenson Canyon Walking Group from 10:30 to 11:30 AM; and appreciated
feedback from those who provided comments at our Council Meetings.
Denise Frey congratulated President Younger on his retirement from his job; was impressed with
Fire Department’s response to a house fire in her neighborhood; emphasized the importance of
emergency services, especially when considering future increases in population; and looked
forward to St. Patrick’s Day Parade this Saturday starting at 2:00 PM.
Jeff Coughlin thanked Bill Davis for his presentation tonight; was grateful for feedback from the
public; addressed comments on hate speech; expressed interest in following up on comments
regarding skateboarding policy; thanked fellow Council Members Jennifer Chamberlin and Anna
Mockler, who also attended the AWC Action Days Conference last week; announced Banff Film
Festival on March 7 to 8 and the St. Patrick’s Day Parade on March 15.
Jane Rebelowski announced the next District 4 Town Hall Meeting on Thursday, March 6 from
5:00 to 6:30 PM at Bremerton Foodline located at 1600 12th Street with an “Update on the Hybrid
Shelter” from Joe Crain of the Kitsap Affordable Housing Consortium; announced the Bridging the
Gap Breakfast to benefit Bremerton Foodline on Tuesday, April 22 from 7:30 to 9:00 AM at the
Kitsap Conference Center; encouraged the community to support local organizations during the
Kitsap Great Give on Tuesday, March 11; hoped the community can go to the St. Patrick’s Day
Parade; thanked Bill Davis for his presentation; and appreciated public comment at the meetings or
by email.
Michael Goodnow thanked staff for presentations and public comments tonight; looked forward to
conversations on skateboards; also addressed recent hate speech and hoped the community
would “stick together”.
Anna Mockler announced the next District 6 Town Hall Meeting on Monday, March 10 beginning
at 5:00 PM at the Bremerton Public Works Facility located at 100 Oyster Bay Avenue North with
the theme “Affordable Housing” and a presentation from CDBG Program Administrator Sarah
Lynam. For those who cannot attend, comments are also welcome by email; was happy that an
emergency care facility is now open on Kitsap Way in the former QFC location; appreciated
comments on clean water and hygiene; acknowledged Black History Month (February) and
National Women’s Month (March); and was pleased that the Diversity and Community Manager
would be starting with the City this week.
Eric Younger recognized the extensive research done by Alden Bradford and encouraged the
Public Safety Committee Chair to consider his request to review and possibly update the City’s
policy on skateboards.
With no further business, President Younger adjourned the Council Meeting at 7:32 PM.
City Council Reg. Mtg. Minutes
Wednesday, March 5, 2025
Page 4 of 4
Prepared & Submitted by:
______________________________
CHRISTINE GRENIER
Legislative Assistant
APPROVED by the City Council on the 19th day of March, 2025.
________________________________________
ERIC YOUNGER, City Council President
Attest:
________________________________________
ANGELA HOOVER, City Clerk
EY:AH:CG
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT:
Minutes of Study Session – March 12, 2025
Study Session Date: N/A
COUNCIL MEETING Date: March 19, 2025
Department: City Council
Presenter: Council President
Phone: (360) 473-5280
SUMMARY: The Minutes for the Study Session held on March 12, 2025 are attached.
ATTACHMENTS: Council Meeting Minutes
FISCAL IMPACTS (Include Budgeted Amount): None
STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Mo ve to approve the March 12, 2025 Study Session Minutes as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/3/17
4C
CITY COUNCIL STUDY SESSION MINUTES
Wednesday, March 12, 2025
A Study Session of the City Council of the City of Bremerton was called to order on Wednesday,
March 12, 2025 at 5:00 PM in Council Conference Room 603 located in the Norm Dicks Government
Center at 345 6th Street, with Council President Eric Younger presiding. Other Council Members
present were Jennifer Chamberlin, Denise Frey (remotely), Jeff Coughlin, Jane Rebelowski, Michael
Goodnow, and Anna Mockler. Legislative Assistant Christine Grenier provided staff support.
President Younger announced that Study Sessions are always open for the public to attend
in-person or view remotely; public comment will be taken for Item C1, since action is anticipated;
tonight’s agenda was amended to add Item D1; and that any of the items approved for action by
the Council tonight will be placed on the March 19, 2025 Council Meeting Agenda (or as otherwise
determined).
It was further established that questions or comments by the public may be submitted on any item
at any time by email to City.Council@ci.bremerton.wa.us. And reminded everyone that audio
recordings will be available online within a few days following the meeting.
A. AGENDA BILL BRIEFINGS
1. Confirm Reappointment of Vanessa Acierto to the BKAT Citizen’s Advisory Committee
Consent Agenda
2. Approve Purchase of Cues Sewer/Storm Camera Van Consent Agenda
3. Subgrant Agreement through the Association of WA Cities (AWC) Energy Audit Grant
Program for Clean Building Performance Standards Energy Audits Consent Agenda
4. Professional Services Agreement with Consor North America, Inc. for Manganese
Treatment Facilities (Eastside) Final Design Consent Agenda
B. INFORMATION ONLY PRESENTATIONS
1. Overview of 2024 Comprehensive Plan Transportation Element General Business
(A presentation will be provided at the March 19, 2025 City Council Meeting
to receive Public Comment only with no action by the Council)
2. Overview of 5-Year Plans for Paving, Chip Sealing, and Sidewalks (Information only with
no further action needed)
President Younger called a break 6:46 to 7:00 PM.
C. GENERAL COUNCIL BUSINESS
1. Local Elected Official Letter of Support for WA State Ferries: President Younger
summarized that the Puget Sound Regional Council is seeking support for the WA State
Ferries. The letter is available at https://www.psrc.org/about-us/local-elected-official-ferry-
support-letter and included in the online meeting packet. Council considered whether to sign
the letter as a whole or individually.
There were no comments from the public…
Action: Council Members may sign the letter individually.
2. Update on Council Goal #3 (iii) Chronically Vacant Building Policy Development – Council
Member Michael Goodnow
City Council Study Session Minutes
Wednesday, March 12, 2025
Page 2 of 2
3. Public Safety Committee Briefing (Last Meeting 3/6/25) – Chair Michael Goodnow
4. Regional and Other Committee/Board Briefings
5. Other General Council Business was also discussed, which included welcoming Diversity &
Community Engagement Manager Dr. Jeneise Briggs.
EXECUTIVE SESSION
At 7:42 PM, President Younger announced the Council would meet for 10-minutes to discuss
“Pending and Potential Litigation” pursuant under RCW 42.30.110 (1) (i), and that no action was
anticipated.
President Younger called the meeting back to order at 7:53 PM.
President Younger announced the next Council Meeting will be on March 19, 2025 beginning at 5:30
PM in the First Floor Meeting Chambers of the Norm Dicks Government Center. He further
established that the public is invited to attend in person or remotely, but anyone wishing to speak
during Public Recognition via Zoom must submit their request through the City Clerk by calling
(360) 473-5323 at least 24-hours prior to the meeting.
With no further business, the Study Session was adjourned at 7:53 PM.
Prepared & Submitted by:
______________________________
CHRISTINE GRENIER
Legislative Assistant
APPROVED by the City Council on the 19th day of March, 2025.
ERIC YOUNGER, Council President
ATTEST:
______________________________
ANGELA HOOVER, City Clerk
EY:AH:CG
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: March 12, 2025
Confirm Reappointment of Vanessa Acierto
to the Bremerton Kitsap Access Television
Citizen’s Advisory Committee
COUNCIL MEETING Date: March 19, 2025
Department: Executive
Presenter: Mayor Wheeler
Phone: (360) 473-5266
SUMMARY: The Mayor is seeking confirmation for the re-appointment of Vanesa Acierto to the
Bremerton Kitsap Access Television (BKAT) Citizens Advisory Committee for the position of City of
Bremerton Staff Member. The term expires December 31, 2025.
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 re-appointment of Vanessa Acierto to the Bremerton Kitsap Access Television
(BKAT) Citizens Advisory Committee for the term expiring December 31, 2025.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 04/19/2024
4D
Application for City Boards / Commissions / Committee
Date 2/26/2025
First Name Vanessa
Middle Name Field not completed.
Last Name Acierto
Home Phone
Address1
Address2 Field not completed.
City Silverdale
State WA
Zip 98383
Occupation Human Resources Analyst
Employer City of Bremerton
Work Address1 345 6th Street
Work Address2 Ste. 100
City Bremerton
State WA
Zip 98337
Work Phone 360-473-5347
Fax Field not completed.
Email vanessa.acierto@bremertonwa.gov
Education Bachelor of Arts in Political Science from University of
Washington, Seattle
Certificate in Business Administration, Foster School of
Business, University of Washington, Seattle
Local References Charlotte Nelson, 360-473-5926
Angela Hoover, 360-473-5323
I am interested in
serving:
Public Access Citizens Advisory Committee (Bremerton Kitsap
Access Television/BKAT)
Is this an application for
reappointment?
Yes
If yes, how many years
have you served on this
commission or
committee?
First appointed August 2022
How long have you lived
in Bremerton
over 25 years total (moved and came back)
Why are you applying for
this appointment?
I'm so impressed by the hard work and dedication BKAT Staff
and BKAT members have for the programming they put out
and have been honored to be even a small part of that. I hope
to be reappointed and serve another term.
Which of your personal
and / or professional
interests prompted you
to apply for this
appointment?
I like the idea of BKAT bridging the gap between area citizens
and those at City Hall and all the City Staff. The area served is
much larger than just the City of Bremerton though. I definitely
feel there is more to explore and accomplish with BKAT. I'm
even thinking about getting a membership to explore that level
of contribution!
Have you ever served on
any other Bremerton
board, commission,
committee or task
force? If yes, please list.
I served as the staff person for City Council's Public Safety
Committee for over 2 years.
Please list your
qualifications for this
appointment (include
skills, activities,
training, education):
The classes I took to earn my Certificate in Business
Administration provided me with much training that could be
very useful serving on this advisory committee. I learned about
interpersonal communication, negotiation, project
management, budgeting and accounting for businesses,
advertising and communicating with a broad audience through
various forms of media. My Political Science degree has taught
me effective writing skills, critical thinking skills, an ability to
always see both sides of an issue, and the appreciation of the
difference even just one person can make in society. I've spent
over 15 years working in the legal field where I've learned to
have compassion, patience, and attention to detail. I've worked
with many different types of people from varying
socioeconomic backgrounds which will help me keep an open
mind and be particularly inclusive on this committee. Of course,
now that I've had a chance to serve on the Committee, I have
that experience to help me as well.
What are your
community interests
(committee,
organizations, special
activities)?
I am very open in my interests! I like the idea of helping BKAT
target younger community members in order to grow support
early from them and hopefully, gain some lifelong supporters.
I have spent the last year acting with various community
theaters in Kitsap County, which takes quite a bit of my time. I
also enjoy attending events around town, such as Story Night
and Bremerton First Fridays.
Please list any
accommodations you
need to perform
volunteer duties:
N/A
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
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: March 12, 2025
Approve Purchase of Cues Sewer/Storm
Camera Van
COUNCIL MEETING Date: March 19, 2025
Department: PW&U
Presenter: Matt Donleycott
Phone: (360) 473-2316
SUMMARY:
The approved 2025 budget includes the replacement of our current Cues Camera Van. The New
van will feature new technology and provide staff with more capabilities. Total replacement cost
including sales tax is $410,076.58.
ATTACHMENTS:
1) Vehicle Justification
2) Vehicle Purchase List
3) Cues Camera Van Quote
FISCAL IMPACTS (Include Budgeted Amount):
$410,076.58 (includes Sales Tax)
This is included in the vehicle purchase list in the approved 2025/2026 budget.
100% Utility funded
STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve the purchase of a Cues Sewer/Storm Camera Van in the amount of $410,076.58
and authorize the Mayor to finalize and execute the agreement with substantially the same terms and
conditions as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/09/2021
4E
Working for and with our residents to establish Bremerton as Puget Sound’s most beautiful and livable waterfront city !
Public Works and Utilities Department
100 Oyster Bay Ave. N. Bremerton, WA 98312 (360) 473-5315 FAX (360) 473-5360
MEMORANDUM
DATE: February 21, 2025
TO: File
FROM: Matt Donleycott – Internal Services Manager
SUBJECT: 90389 Replacement Purchase
This purchase replaces the following vehicle and equipment:
Disposition:
90389 will be surplus through negotiated trade in.
Vehicle # Description Purchase
Year
Approx.
Mileage Criteria Replace With
90389 CUES CAMERA
VAN 2008
51,000mi
12,500
Hrs.
Cost to Repair,
Hours CUES CAMERA VAN
2026 Replacement(2025 Budget)2027 Replacement(2026 Budget)EQUIPMENT RENTAL & RESERVE FUNDVEHICLE PURCHASE LISTVehicle NumberFund/Dept.Retiring Vehicle/EquipmentYear Purchased Life Original CostAnticipated Replacement VehicleCouncil Goals of Electric VehicleQuote ObtainedAnticipated Replacement CostEquipmentCostTotalAnticipated Replacement CostEquipmentCostTotal161422001 - GENERAL FUND (POLICE)2016 FORD EXPLORER2016 12 58,711$ FORD POLICE INTERCEPTOR UTILITY HYBRID, FULL PATROL PACKAGE X75,000 25,000 100,000 161423001 - GENERAL FUND (POLICE)2016 FORD EXPLORER2016 12 58,711$ FORD POLICE INTERCEPTOR UTILITY HYBRID, FULL PATROL PACKAGE X75,000 25,000 100,000 161424001 - GENERAL FUND (POLICE)2016 FORD EXPLORER2016 12 58,711$ FORD POLICE INTERCEPTOR UTILITY HYBRID, FULL PATROL PACKAGE X75,000 25,000 100,000 161425001 - GENERAL FUND (POLICE)2016 FORD EXPLORER2016 12 58,711$ FORD POLICE INTERCEPTOR UTILITY HYBRID, FULL PATROL PACKAGE X75,000 25,000 100,000 90389451 - WASTEWATER08 CHEV CC4500 VAN/CCTV2009 12 210,626$ FORD E450 HI CUBE WITH 16' BOXX425,000 -425,000 133003102 - STREETS2008 CRAFCO SS1252013 10 28,069$ CRAFCO SUPERSHOT 125 DIESEL TRAILER ONE AXLEX74,000 -74,000 1815001 - GENERAL FUND (PARKS)2002 PAROS EQUIP TRAILER2002 25 3,107$ TILTBED EQUIPMENT TRAILERX9,000 - 9,000 90366481 - STORMWATER2010 INTER 7600 - J6 VACTOR2009 20 336,807$ VACTOR 2115i750,000 - 750,000 813,453$ 499,000$ -$ 499,000$ 1,059,000$ 100,000$ 1,159,000$ New Vehicles - Not funded by ERR replacement reserves. Funding comes from department operating budgets.102 - STREETSLEE BOY TACK TANKX-$ 33,000$ 33,000$ -$ 33,000$ 33,000$ -$ -$ -$ 499,000$ 33,000$ 532,000$ 1,059,000$ 100,000$ 1,159,000$ 532,000$ 1,159,000$ Total Capital Purchases
Tuesday, February 25, 2025
Darrell Clausen
Bremerton, City of
100 Oyster Bay Ave.
Bremerton, WA 98312
Dear Darell,
Here is the pricing you requested a new Cues CCTV truck. Please see attached component list for greater detail.
In summary:
• Ford E450 hi cube with 16’ box
• Evo 3 interior package
• SEE folding bumper and grab bar
• Extended length transporter storage drawer
• Tool drawers in kickplate
• LED traffic advisor
• LED strobe system in grill
• Roof mount AC
• Wall heater
• Closet and storage bench in control room
• 20 gallon washdown tank
• 5 drawer tool chest
• 7kw gas Onan commercial generator
• Ruggedized OZ3S camera
• CPR transporter package with wheels kits up to 15”
• 1,500’ cable on auto payout reel
• Summit Prime electronics
• Gnet computer and peripherals (monitor, keyboard, mouse, printer)
• Transfer existing Gnet license
• LAMP 2 lateral launcher package with fixed view lateral camera
• LAMP 2 rear viewing camera
• Top and invert rollers and poles
• Delivery
• 2 days training
Total HGAC SC01-021 $435,528 + WA sales tax
Trade in of Cues Kodiak with LAMP, 1 camera, and 1 transporter ($60,000)
2025 Grand Total $375,528 + WA sales tax
TERMS: Net 30
FOB: Destination
Delivery: 90-120 days ARO
“This Quote and the goods and services quoted thereunder are subject to Cues, Inc. Standard
Terms and Conditions of Sale found at: https://cuesinc.com/pages/cues-terms-and-conditions-
of-sale. By accepting this Quote, Buyer agrees to be bound by these terms.”
Local factory direct service center located in Portland, OR area. Free loaner equipment for the
lifetime of your gear in the event of service needs. Fully staffed facility includes bench and field
service techs. Made in USA.
Let me know if you have any questions.
Thanks,
Gillian Wilson
Cues NW Territory Manager
503-622-3248
Contract
No.:SCO6-24 Date
Prepared:2/25/2025
Buying
Agency:Contractor:
Contact
Person:
Prepared
By:
Phone:Phone:
Fax:Fax:
Email:Email:
Product
Code:E2 Description:
$254,250.00
Cost Cost
$128,090.05
LM906 - Rear view camera - LAMP II system $6,246.48
$7,303.36
$32,185.39
$3,944.00
$4,360.44
WB100/WD20 - workbench with washdown system $9,847.24
$3,688.90
$10,591.17
Subtotal B: 206257.03
Cost Cost
Subtotal C: 0
0%
D. Total Cost before any other applicable Charges, Trade-Ins, Allowances, Discounts, Etc. (A+B+C)
1 460507.03 =Subtotal D: 460507.03
Cost Cost
$4,295.00 -60000
Less customer 6% discount -27630.42
-1643.61
Subtotal E: -84979.03
375528
EVO3 - Evolution 3 Interior
Less existing trade in truck
Description
Check: Total cost of Unpublished Options (C) cannot exceed 25% of the total of the Base Unit
Price plus Published Options (A+B).
X Subtotal of A + B + C:
Delivery
Subtotal From Additional Sheet(s):
Quantity Ordered:
E. Trade-Ins / Special Discounts / Other Allowances / Freight / Installation / Miscellaneous Charges
Description
For this transaction the percentage is:
F. Total Purchase Price (D+E): Delivery Date: 90-120 days
Less additional discount
Subtotal From Additional Sheet(s):
Elxsi dba CUES
B. Published Options - Itemize below - Attach additional sheet if necessary - Include Option Code in description if applicable
(Note: Published Options are options which were submitted and priced in Contractor's bid.)
C. Unpublished Options - Itemize below - Attach additional sheet if necessary
(Note: Unpublished options are items which were not submitted and priced in Contractor's bid.)
Description
CONTRACT PRICING WORKSHEET
For Standard Equipment Purchases
High Cube TV inspection vehicle
A. Product Item Base Unit Price Per Contractor's H-GAC Contract:
407-425-1569
Robin Guthrie
407-782-6048
robing@cuesinc.com
This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents
MUST be faxed to H-GAC @ 713-993-4548. Therefore please type or print legibly.
City of Bremerton, WA
Description
SEE Safety Bumper
WM350 Compact Steerable Pipe Ranger
MD320 Auto payout feature
TM607-10H 1500 TV cable
TR1940-3 Transporter Drawer
LM936 Wheeled Lateral Launch system
Description Description
Published for
March 12
Study Session
Item A2
From: Jane Rebelowski <Jane.Rebelowski@ci.bremerton.wa.us>
Sent: Wednesday, March 12, 2025 10:36 AM
To: jimmc90@gmail.com
Cc: City Council <City.Council@ci.bremerton.wa.us>; Tom Knuckey
<Thomas.Knuckey@ci.bremerton.wa.us>; Matt Donleycott <Matt.Donleycott@ci.bremerton.wa.us>;
Chance Berthiaume <Chance.Berthiaume@ci.bremerton.wa.us>
Subject: CUES sewer van
Hello Mr. McDonald,
Thank you for your inquiry regarding the purchase of a new CUES sewer van. Although the van we are
replacing only has 60,000 miles, the measurement of usefulness is based on age of technology and
hours of operation. The van is stationary when in use so miles is only the measurement of getting to and
from the job site.
The van we are replacing has extremely old technology which is no longer supported by the
manufacturer. In addition, the new van has a much longer cable enabling crews to run camera further
up private property sanitary sewer line to find misalignments or other issues with the private
lateral. Crews are able to accurately mark location so property owners and their plumbers are able to
pinpoint areas needing excavation to properly repair at a lower expense. Failing private property
sanitary lines often impact the public portion of our system with debris and possible sewage spills into
our public rights of way.
If you have additional questions staff with our Public Works Department will be happy to respond.
Jane Rebelowski
District 4 Councilor
Chair, Public Works Committee
From: Chance Berthiaume <Chance.Berthiaume@ci.bremerton.wa.us>
Sent: Tuesday, March 11, 2025 4:16 PM
To: jimmc90@gmail.com
Cc: City Council <City.Council@ci.bremerton.wa.us>; Greg Wheeler
<Greg.Wheeler@ci.bremerton.wa.us>; Tom Knuckey <Thomas.Knuckey@ci.bremerton.wa.us>; Matt
Donleycott <Matt.Donleycott@ci.bremerton.wa.us>; Mike Riley <Mike.Riley@ci.bremerton.wa.us>
Subject: RE: Public Comments - $400k Sewer Camera Van (Jim McDonald)
Hi Jim,
Thanks for your email and thoughts. I agree, this equipment is expensive and we have
given this a lot of thought. The existing system was good in its day but at this point in
time if a significant piece fails we are out of business since the manufacturer no longer
provides support. Below is a quick summary and basis for replacement of the current
system.
Current camera van and system:
Manufacturer support is not available for the current Ques video system, it is out
of date with no or minimal service support. Currently Ques doesn’t sell
replacement cameras for the system we own.
Contracted services:
The Utilities currently hires a contractor to clean and video inspect 8,000 -10,000 ft of
sewer main for the cured in place plastic pipe (CIPP) program at a cost of $100 K per
year, sewer lining. This work is programmed via an awarded contract and not
responsive to emergency needs such as a plugged o r failed service lateral or main. We
have several failed sewer services per week where the video van is dispatched to
identify the cause of the blocked sewer service, usually roots or a broken pipe. Our
main camera can launch a smaller unit into the service lateral from the main and can
typically reach the obstruction so we know exactly where to focus our work. Contracting
work is not cost effective considering O&M requirements and system needs to inspect
over +-1,600,000 feet of storm and sanitary sewer main over a 5 to 10 year period. At
$100K per 10K feet of main that would be $16 Million in contracted expense.
Operations and Maintenance:
Stormwater system: Utility Operations requirements/goal is to video inspect 1/5th
of the stormwater system per year. This work is focused on condition
assessment to provide the data used to prioritize CIPP projects to prevent failure
and identify where we should replace the mains or laterals. The new camera
system uses AI to complete the condition assessment by automatically marking
footage and pipe or joint condition using industry standard terminology at a
speed at least 3-4 times faster than manual entries can be completed and where
interpretation of condition may vary.
Sanitary sewer system should be video inspected every 5 years to determine
pipe and joint conditions. We currently address several blocked sewer service
laterals per week and use the camera system to identify the issue. This provides
a precise location for the crew to excavate and make repairs or where roots need
to be cut inside the pipe. Our ability to respond quickly to customer and city
system issues is key to providing good customer service and to prevent private
property damage from flooding. The new system will increase the inspection
productivity with the goal of reaching our 5 year system plan.
System stats:
SW 114-miles of storm mains (4” to 96”) 20% video per year goal
WW 200-miles of gravity sewers from 6-inch laterals to 42-inch pipe: 10% video per
year goal
Regards, Chance
Chance W Berthiaume
Utility Manager
City of Bremerton Public Works & Utilities
Phone: 360-473-5929
Mobile: 360-534-0148
Email:
Chance.berthiaume@ci.bremerton.wa.us
100 Oyster Bay Ave N
Bremerton, WA 98312
BremertonWa.gov
From: Tom Knuckey <Thomas.Knuckey@ci.bremerton.wa.us>
Sent: Monday, March 10, 2025 3:08 PM
To: Chance Berthiaume <Chance.Berthiaume@ci.bremerton.wa.us>; Matt Donleycott
<Matt.Donleycott@ci.bremerton.wa.us>
Subject: FW: Public Comments - $400k Sewer Camera Van (Jim McDonald)
FYI
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: City Council < >
Date: March 10, 2025 at 12:49:22 PM PDT
To: Jim McDonald <jimmc90@gmail.com>
Cc: City Council <City.Council@ci.bremerton.wa.us>, Greg Wheeler
<Greg.Wheeler@ci.bremerton.wa.us>, Tom Knuckey
<Thomas.Knuckey@ci.bremerton.wa.us>, Matt Donleycott
<Matt.Donleycott@ci.bremerton.wa.us>, Mike Riley <Mike.Riley@ci.bremerton.wa.us>
Subject: RE: Public Comments - $400k Sewer Camera Van (Jim McDonald)
Jim,
This is to acknowledge receipt of your email, which will be provided to the Council Members for
their review and consideration. Due to the subject matter, a copy will also be provided to Mayor
Wheeler and City Officials.
Thank you for taking the time to submit your comments, which will be included in the final
meeting record.
Christine Grenier
Legislative/Auditor Assistant
Bremerton City Council
(360) 473-5280
www.BremertonWA.gov
From: Jim McDonald <jimmc90@gmail.com>
Sent: Friday, March 7, 2025 5:09 PM
To: City Council <City.Council@ci.bremerton.wa.us>
Subject: $400k Sewer Camera Van
Dear Council Members,
I am a big supporter of the City's PW Department and they
do an incredible job with the staff they have. However, I
hope you ask a lot of questions related to the Approval of
the Purchase of Cues Sewer/Storm Camera Van for over
$400,000.
The old camera van is still new (less than 60,000
miles). While I understand that new technology will be an
improvement, is it cost effective compared to contracting
for the things our current van can not do?
I hope you are able to get a good cost-benefit analysis for
this very expensive piece of equipment.
Thanks for your service!
R, Jim McDonald
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: March 12, 2025
Subgrant Agreement through the
Association of WA Cities (AWC) Energy
Audit Grant Program for Clean Building
Performance Standards Energy Audits
COUNCIL MEETING Date: March 19, 2025
Department: PW&U
Presenter: Matt Donleycott
Phone: (360) 473-2316
SUMMARY:
Bremerton Public Works and Utilities applied for and received a grant award from AWC Energy Audit
Grant Program for $86,806.48 to fund the Clean Building Performance Standards required energy
audits to five city owned buildings (Public Safety Building, Sheridan Community Center, Admiral
Theatre, Building 50, and Kitsap Conference Center.)
ATTACHMENTS:
1) Subgrant Agreement
FISCAL IMPACTS (Include Budgeted Amount):
A capital budget adjustment and offsetting grant revenue budget adjustment resulting in a net zero
fiscal impact will be required. This project is 100% grant funded.
STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to accept the AWC Energy Audit Grant, for the Clean Building Performance Standards energy
audits and authorize the Mayor to finalize and execute the agreement with substantially the same
terms and conditions as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/09/2021
4F
Subgrant Agreement with
City of Bremerton
through
AWC Energy Audit Grant Program
Subgrant Number: EAG25-02
For Energy Audits of City-owned Buildings
The Energy Retrofits and Solar Power for Public Buildings program is
supported with funding from Washington’s Climate Commitment Act. The CCA
supports Washington’s climate action efforts by putting cap -and-invest dollars
to work reducing climate pollution, creating jobs, and improving public health.
Information about the CCA is available at www.climate.wa.gov.
Monday, July 1, 2024
________________________________________________________________________________________________________ Page 2 of 17
Face sheet
Subgrant Number: [SUBGRANT #]
AWC Energy Audit Grant Program
1. Subgrantee 2. Subgrantee Doing Business As (as applicable)
City of Bremerton
3. Subgrantee Representative 4. AWC Representative
Matt Donleycott
Internal Services Manager
Matt.donleycott@ci.bremerton.wa.us
Brianna Morin
Legislative Policy Analyst
Briannam@awcnet.org
5. Subgrant Amount 6. Start Date 7. End Date
$86,806.48 July 1, 2024 May 31, 2025
8. Uniform Business Identifier
181002539
9. Subgrant Purpose
The purpose of the grant is to:
• Assist cities who own Tier 1 and Tier 2 covered buildings in completing energy audits.
• Collect data on the costs for cities to comply with the state’s Clean Buildings Performance Standard (CBPS).
AWC and the Subgrantee, as defined above, acknowledge and accept the terms of this Subgrant and attachments and
have executed this Subgrant on the date below to start as of the date and year referenced above. The rights and
obligations of both parties to this Subgrant are governed by this Subgrant and the following other documents incorporated
by reference: Subgrantee General Terms and Conditions including Attachment “A” – Scope of Work; Attachment “B” –
Budget & Budget Narrative; Attachment “C” – Reporting Requirements.
This Subgrant shall be effective upon signature by both Parties (“Start Date”). The term (“Term”) of this Subgrant shall
begin on the Start Date and end on the End Date. This Subgrant shall remain in effect until such time as it is terminated
as provided herein.
FOR SUBGRANTEE FOR AWC
________________________________________________________________________________________________________ Page 3 of 17
Greg Wheeler, Mayor
Date
Angela Hoover, Clerk
Date
Kylie Finnell, City Attorney
Date
Deanna Dawson, CEO
Date
________________________________________________________________________________________________________ Page 4 of 17
Special terms and conditions
1. SUBGRANT MANAGEMENT
The Representative for each of the parties shall be responsible for and shall be the contact person for all
communications and billings regarding the performance of this Subgrant.
The Representative for AWC and their contact information are identified on the Face Sheet of this Subgrant.
The Representative for the Subgrantee and their contact information are identified on the Face Sheet of this Subgrant.
2. ACKNOWLEDGEMENT OF CLIMATE COMMITMENT ACT FUNDING
This Subgrant is funded through grant funds provided to the AWC from the Washington State Department of
Commerce (“Commerce”) from Washington’s Climate Commitment Act (“CCA”) appropriated pursuant to Sec. 1002.
2023 c 474 s 1007, providing funding for 2023-25 Energy Retrofits and Solar Power for Public Buildings to the AWC to
fund energy audits on city-owned tier 1 and tier 2 covered buildings and collect and manage data on the costs for
cities to comply with the requirements of RCW 19.27A.210 and 19.27A.250. This Subgrant is funded in whole by
funds provided to AWC under the CCA pursuant to Commerce Grant Number 24 -92601-012, dated July 29, 2024 (the
“Commerce Grant”), as a subgrant of the Commerce Grant,
Subgrantee agrees that any website, announcement, press release, and/or publication (written, visual, or sound) used
for media-related activities, publicity, and public outreach issued by or on behalf of Subgrantee which reference
programs or projects funded in whole or in part with Washington’s Climate Commitment Act (CCA) funds under this
Subgrant, shall contain the following statement:
“The Energy Retrofits and Solar Power for Public Buildings program is supported with funding from Washington’s
Climate Commitment Act. The CCA supports Washington’s climate action efforts by putting cap-and-invest dollars
to work reducing climate pollution, creating jobs, and improving public health. Information about th e CCA is
available at www.climate.wa.gov.”
The Subgrantee agrees to ensure coordinated CCA branding on work completed by or on behalf of the Subgrantee.
The CCA logo must be used in the following circumstances, consistent with the branding guidelines posted at CCA
brand toolkit, including:
A. Any project related website or webpage that includes logos from other funding partners;
B. Any publication materials that include logos from other funding partners;
C. Any on-site signage including pre- and during Construction signage and permanent signage at completed project
sites; and
D. Any equipment purchased with CCA funding through a generally visible decal.
3. COMPENSATION
Funds under this Subgrant may only be used to pay for eligible services described in the AWC -approved Scope of
Work (Attachment A). AWC shall pay, solely from and to the extent of funds received from Commerce under the
Commerce Grant, an amount not to exceed $86,806.28 for the performance of all things necessary for or incidental to
the performance of work as set forth in the Scope of Work (Attachment A), within the Budget (Attachment B).
Subgrantee's compensation for services rendered shall be based on the terms of the Scope of Work and Budget
(Attachment B). If Subgrantee is unable to meet the requirements of this Subgrant for any reason during the Term of
the Subgrant, the Subgrantee shall immediately notify AWC to negotiate a revised Scope of Work and Budget subject
to AWC’s approval.
In the event state funds appropriated for the Scope of Work contemplated under this Subgrant are withdrawn,
reduced, or limited in any way by the Governor or the Washington State Legislature, the parties hereto shall be bound
by any such revised funding limitations as implemented at the discretion of Commerce, and the parties hereto shall
meet and renegotiate the Subgrant accordingly.
AWC makes no commitment of future support of Subgrantee and assumes no obligation for future support of the
Scope of Work except as specifically provided for in this Subgrant.
________________________________________________________________________________________________________ Page 5 of 17
4. BILLING PROCEDURES AND PAYMENT
AWC will pay Subgrantee upon acceptance of services provided and receipt of properly completed invoices, which
shall be submitted to the Representative for AWC. Final invoices for the state fiscal year ending June 30 may be due
sooner; AWC will provide notification of the end of fiscal year due date.
The invoice, including any attachments to the invoice, shall describe and document, to AWC's satisfaction, a
description of the work performed, the progress of the project, and fees. If Commerce requires any additional detail,
including any additional documentation, regarding work performed, progress of the project and fees, Subgrantee shall
provide such additional detail and documentation. Each invoice shall include a “Cost Certification” of an Authorized
Representative of the Subgrantee that invoiced amounts include only eligible amounts under this Subgrant and that
Subgrantee has satisfied all requirements in the Scope of Work due to date.
The invoice shall include the Grant Number EAG25-02. If expenses are invoiced, provide a detailed breakdown of
each type. A receipt must accompany any single expenses in the amount of $50.00 or more in order to receive
reimbursement.
Payment shall be considered timely if made by AWC within thirty (30) calendar days after receipt of properly
completed invoices. Payment shall be sent to the address designated by the Subgrantee.
AWC may, in its sole discretion, terminate the Subgrant or withhold payments claimed by the Subgrantee for services
rendered if the Subgrantee fails to satisfactorily comply with any term or condition of this Subgrant.
No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made
by AWC.
Duplication of billed costs
The Subgrantee shall not bill AWC for services performed under this Agreement, and AWC shall not pay the
Subgrantee, if the Subgrantee is entitled to payment or has been or will be paid by any other source, including grants,
for that service.
Disallowed costs
The Subgrantee is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of
its subgrantees.
AWC may, in its sole discretion, withhold ten percent (10%) from each payment until acceptance by AWC of the final
report (or completion of the project, etc.).
5. SUBGRANTEE DATA COLLECTION
Subgrantee will submit reports, in a form and format to be provided by AWC, regarding work under this Subgrant
performed by subgrantees and the portion of Subgrant funds expended for work performed by subgrantees, including
but not necessarily limited to minority-owned, woman-owned, and veteran-owned business subgrantees.
“Subgrantees” shall mean subgrantees of any tier.
Subgrantee shall provide reports to AWC as set forth in the Reporting Requirements (Attachment C)
6. SUBGRANTEE’S PROPRIETARY INFORMATION
The Subgrantee acknowledges that AWC is subject to chapter 42.56 RCW, the Public Records Act, and AWC
acknowledges that the Subgrantee is subject to Chapter 42.56 RCW, the Public Records Act, and that this Subgrant
will be a public record as defined in chapter 42.56 RCW. Any specific information that is claimed by the Subgrantee to
be Proprietary Information must be clearly identified as such by the Subgrantee. To the extent consistent with chapter
42.56 RCW, AWC will maintain the confidentiality of the Subgrantee’s information in its possession that is marked
Proprietary. If a public disclosure request is made to view the Subgrantee’s Proprietary Information, AWC will notify
the Subgrantee of the request and of the date that such records will be released to the requester unless the
Subgrantee obtains a court order from a court of competent jurisdiction enjoining that disclosure. If the Subgrantee
fails to obtain the court order enjoining disclosure, AWC will release the requested information on the date specified.
7. INSURANCE
The Subgrantee shall provide insurance coverage as set out in this section or shall provide self-insurance as set forth
in Section 8. The intent of the required insurance is to protect AWC should there be any claims, suits, actions, costs,
damages or expenses arising from any loss, or negligent or intentional act or omission of the Subgrantee or agents of
________________________________________________________________________________________________________ Page 6 of 17
either, while performing under the terms of this Subgrant. Failure to maintain the required insurance coverage may
result in termination of this Subgrant.
The insurance required shall be issued by an insurance company authorized to do business within the state of
Washington. Except for Professional Liability or Errors and Omissions Insurance, the insurance shall name AWC, its
agents, officers, and employees as additional insureds under the insurance policy. All policies shall be primary to any
other valid and collectable insurance. The Subgrantee shall provide AWC thirty (30) calendar days’ advance notice of
any insurance cancellation, non-renewal or modification.
The Subgrantee shall submit to AWC within fifteen (15) calendar days of a written request by AWC, a certificate of
insurance which outlines the coverage and limits defined in this insurance section. During the term of the Subgrant, if
required or requested, the Subgrantee shall submit renewal certificates not less than thirty (30) calendar days prior to
expiration of each policy required under this section.
The Subgrantee shall provide, at AWC’s request, copies of insurance instruments or certifications from the insurance
issuing agency. The copies or certifications shall show the insurance coverage, the designated beneficiary, who is
covered, the amounts, the period of coverage, and that AWC will be provided thirty (30) days’ advance written notice
of cancellation.
The Subgrantee shall provide insurance coverage that shall be maintained in full force and effect during the term of
this Subgrant, as follows:
Commercial General Liability Insurance Policy. Provide a Commercial General Liability Insurance Policy,
including contractual liability, written on an occurrence basis, in adequate quantity to protect against legal liability
arising out of Subgrant activity but no less than $1,000,000 per occurrence. Additionally, the Subgrantee is
responsible for ensuring that any Subgrantees provide adequate insurance coverage for the activities arising out
of subgrants.
Cyber Liability Insurance: The Subgrantee shall maintain Cyber Liability Insurance. The Subgrantee shall
maintain minimum limits of no less than $1,000,000 per occurrence to cover all activities by the Subgrantee and
licensed staff employed or under contract to the Subgrant. AWC, its agents, officers, and employees need not be
named as additional insureds under this policy.
Automobile Liability. In the event that performance pursuant to this Subgrant involves the use of vehicles,
owned or operated by the Subgrantee, automobile liability insurance shall be required. The minimum limit for
automobile liability is $1,000,000 per occurrence, using a Combined Single Limit for bodily injury and property
damage.
Professional Liability, Errors and Omissions Insurance. The Subgrantee shall maintain Professional Liability
or Errors and Omissions Insurance. The Subgrantee shall maintain minimum limits of no less than $1,000,000 per
occurrence to cover all activities by the Subgrantee and licensed staff employed or under Subgrant to the
Subgrantee. AWC, its agents, officers, and employees need not be named as additional insureds under this
policy.
Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on behalf of the
Subgrantee for the purpose of receiving or depositing funds into program accounts or issuing financial
documents, checks, or other instruments of payment for program costs shall be insured to provide protection
against loss:
A. The amount of fidelity coverage secured pursuant to this Subgrant shall be $100,000 or the highest of
planned reimbursement for the Subgrant period, whichever is lowest. Fidelity insurance secured pursuant to
this paragraph shall name AWC Commerce as beneficiary.
B. Subgrantees that receive $10,000 or more per year in funding through this Subgrant shall secure fidelity
insurance as noted above. Fidelity insurance secured by Subgrantees pursuant to this paragraph shall name
AWC and Commerce as beneficiary.
8. SELF-INSURANCE PROGRAMS
Subgrantees may maintain a program of self-insurance or participate in a property/liability pool with adequate limits to
comply with the Subgrant insurance requirements or as is customary to the contractor or Subgrantee’s business,
operations/industry, and the performance of its respective obligations under this Subgrant.
AWC may waive the requirement to be specially named as an additional insured on policies, including Public Liability
and Business Automobile, provided that the Subgrantee provides: (1) a description of its self-insurance program, and
________________________________________________________________________________________________________ Page 7 of 17
(2) a certificate and/or letter of coverage that outlines coverage limits and deductibles. All self -insured risk
management programs or self-insured/liability pools must comply with RCW 48.62, the requirements of the Office of
Risk Management and Local Government Self Insurance Program, the Washington State Auditor’s reporting
requirements and all related federal and state regulations. Subgrantees participating in a joint risk pool shall maintain
sufficient documentation to support the aggregate claim liability information reported on the balance sheet. AWC, its
agents, and employees need not be named as additional insured under a self -insured property/liability pool, if the pool
is prohibited from naming third parties as additional insured.
9. FRAUD AND OTHER LOSS REPORTING
Subgrantee shall report in writing all known or suspected fraud or other loss of any funds or other property furnished
under this Subgrant immediately or as soon as practicable to the AWC Representative identified on the Face Sheet.
10. ORDER OF PRECEDENCE
In the event of an inconsistency in this Subgrant, the inconsistency shall be resolved by giving precedence in the
following order:
• Applicable federal and state of Washington statutes and regulations
• Special Terms and Conditions
• General Terms and Conditions
• Attachment A – Scope of Work
• Attachment B – Budget
• Attachment C – Reporting Requirements
________________________________________________________________________________________________________ Page 8 of 17
General terms and conditions
1. DEFINITIONS
As used throughout this Subgrant, the following terms shall have the meaning set forth below:
A. “Authorized Representative” shall mean the Subgrantee’s duly authorized representative and/or the designee duly
authorized in writing to act on such representative’s behalf.
B. “AWC” shall mean the Association of Washington Cities.
C. “Subgrant” means the entire written agreement between AWC and the Subgrantee, including any Exhibits,
documents, or materials incorporated by reference. E-mail or Facsimile transmission of a signed copy of this
Subgrant shall be the same as delivery of an original.
D. “Subgrantee” shall mean the entity identified on the face sheet performing service(s) under this Subgrant, and
shall include all employees and agents of the Subgrantee.
E. “Personal Information” shall mean information identifiable to any person, including, but not limited to, information
that relates to a person’s name, health, finances, education, business, use or receipt of governmental services or
other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying
numbers, and any financial identifiers, and “Protected Health Information” under the federal Health Insurance
Portability and Accountability Act of 1996 (HIPAA).
F. “State” shall mean the state of Washington.
G. "Agent" shall mean one not in the employment of the Subgrantee, who is performing all or part of those services
under this Subgrant under a separate Contract with the Subgrantee. The terms “agent” mean
subgrantee/subcontractor(s) in any tier.
2. ACCESS TO DATA
The Subgrantee shall provide access to data generated under this Subgrant to AWC, Commerce, the Joint Legislative
Audit and Review Committee, and the Office of the State Auditor at no additional cost. This includes access to all
information that supports the findings, conclusions, and recommendations of the Subgrantee’s reports, including
computer models and the methodology for those models.
3. ADVANCE PAYMENTS PROHIBITED
No payments in advance of or in anticipation of goods or services to be provided under this Subgrant shall be made
by AWC.
4. ALL WRITINGS CONTAINED HEREIN
This Subgrant contains all the terms and conditions agreed upon by the parties. No other understandings, oral or
otherwise, regarding the subject matter of this Subgrant shall be deemed to exist or to bind any of the parties hereto.
5. AMENDMENTS
This Subgrant may be amended by mutual agreement of the parties. Such amendments shall not be binding unless
they are in writing and signed by personnel authorized to bind each of the parties.
6. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101 -336, also referred to as the
“ADA” 28 CFR Part 35
The Subgrantee must comply with the ADA, which provides comprehensive civil rights protection to individuals with
disabilities in the areas of employment, public accommodations, state and local government services, and
telecommunications.
7. ASSIGNMENT
Neither this Subgrant, nor any claim arising under this Subgrant, shall be transferred or assigned by the Subgrantee
without prior written consent of AWC.
8. ATTORNEYS’ FEES
Unless expressly permitted under another provision of the Subgrant, in the event of litigation or other action brought to
enforce Subgrant terms, each party agrees to bear its own attorneys’ fees and costs.
9. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
A. “Confidential Information” as used in this section includes:
i. All material provided to the Subgrantee by AWC that is designated as “confidential” by AWC;
ii. All material produced by the Subgrantee that is designated as “confidential” by AWC; and
iii. All Personal Information in the possession of the Subgrantee that may not be disclosed under state or
federal law.
________________________________________________________________________________________________________ Page 9 of 17
B. The Subgrantee shall comply with all state and federal laws related to the use, sharing, transfer, sale, or
disclosure of Confidential Information. The Subgrantee shall use Confidential Information solely for the purposes
of this Subgrant and shall not use, share, transfer, sell or disclose any Confidential Information to any third party
except with the prior written consent of AWC or as may be required by law. The Subgrantee shall take all
necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing,
transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto.
Upon request, the Subgrantee shall provide AWC with its policies and procedures on confidentiality. AWC may
require changes to such policies and procedures as they apply to this Subgrant whenever AWC reasonably
determines that changes are necessary to prevent unauthorized disclosures. The Subgrantee shall make the
changes within the time period specified by AWC. Upon request, the Subgrantee shall immediately return to AWC
any Confidential Information that AWC reasonably determines has not been adequately protected by the
Subgrantee against unauthorized disclosure.
C. Unauthorized Use or Disclosure. The Subgrantee shall notify AWC within five (5) working days of any
unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the
harmful effects of such use or disclosure.
10. CONFLICT OF INTEREST
Subgrantee must maintain and comply with written standards of conduct covering conflicts of interest and governing
the actions of its employees engaged in the selection, award and administration of contracts. Subgrantee must
comply with the following minimum requirements:
D. No employee, officer, or agent may participate in the selection, award, or administration of a contract if he or she
has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or
agent, any member of his or her immediate family, his or her partner, or an organization which employs or is
about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal
benefit from a firm considered for a contract. The officers, employees, and agents of the Subgrantee may neither
solicit nor accept gratuities, favors, or anything of monetary value from Subgrantees or parties to subcontracts
and must comply with Chap. 42,23 RCW. However, Subgrantee may set standards for situations in which the
financial interest is not substantial or the gift is an unsolicited item of nominal value. The standards of conduct
must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or
agents of the Subgrantee.
E. If the Subgrantee has a parent, affiliate, or subsidiary organization that is not a state, local government, or
federally recognized tribe, the Subgrantee must also maintain written standards of conduct covering
organizational conflicts of interest. Organizational conflicts of interest means that because of relationships with a
parent company, affiliate, or subsidiary organization, the Subgrantee is unable or appears to be unable to be
impartial in conducting a procurement action involving a related organiz ation.
11. COPYRIGHT
Unless otherwise provided, all Materials produced under this Subgrant shall be considered "works for hire" as defined
by the U.S. Copyright Act and shall be owned by C ommerce. Commerce shall be considered the author of such
Materials. In the event the Materials are not considered “works for hire” under the U.S. Copyright laws, the
Subgrantee hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property
rights, moral rights, and rights of publicity to Commerce effective from the moment of creation of such Materials.
“Materials” means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets,
advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions.
“Ownership” includes the right to copyright, patent, register and the ability to transfer these rights.
For Materials that are delivered under the Subgrant, but that incorporate pre-existing materials not produced under
the Subgrant, the Subgrantee hereby grants to AWC and Commerce a nonexclusive, royalty-free, irrevocable license
(with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works,
publicly perform, and publicly display. The Subgrantee warrants and represents that the Subgrantee has all rights and
permissions, including intellectual property rights, moral rights and rights of publicity, necess ary to grant such a
license to Commerce.
The Subgrantee shall exert all reasonable effort to advise AWC, at the time of delivery of Materials furnished under
this Subgrant, of all known or potential invasions of privacy contained therein and of any portion of such document
which was not produced in the performance of this Subgrant. The Subgrantee shall provide AWC with prompt written
notice of each notice or claim of infringement received by the Subgrantee with respect to any Materials delivered
under this Subgrant. AWC and Commerce shall have the right to modify or remove any restrictive markings placed
upon the Materials by the Subgrantee.
________________________________________________________________________________________________________ Page 10 of 17
12. DISPUTES
In the event that a dispute arises under this Subgrant, the parties will use their best efforts to amicably resolve any
dispute, including use of alternative dispute resolution options. In the event that a dispute arises under the Commerce
Grant, Subgrant shall cooperate with AWC in resolving the dispute thereunder, providing documentation and other
information as requested by AWC. In the event that Commerce seeks to enforce Subgrant’s obligations hereunder,
Subgrantee shall use its best efforts to amicably resolve such dispute, including use of alternative dispute resolution
options.
13. DUPLICATE PAYMENT
AWC shall not pay the Subgrantee, if the Subgrantee has charged or will charge the State of Washington or any other
party under any other Subgrant or agreement, for the same services or expenses.
14. GOVERNING LAW AND VENUE
This Subgrant shall be construed and interpreted in accordance with the laws of the state of Washington, and the
venue of any action brought hereunder shall be in the Superior Court for Thurston County.
15. INDEMNIFICATION
To the fullest extent permitted by law, the Subgrantee shall indemnify, defend, and hold harmless the state of
Washington, C ommerce, AWC, agencies of the state and all officials, agents and employees of the state and AWC,
from and against all claims for injuries or death arising out of or resulting from the performance of the Subgrant.
“Claim” as used in this Subgrant, means any financial loss, claim, suit, action, damage, or expense, including but not
limited to attorney’s fees, attributable for bodily injury, sickness, disease, or death, or injury to or the destruction of
tangible property including loss of use resulting therefrom.
The Subgrantee’s obligation to indemnify, defend, and hold harmless includes any claim by Subgrantee’s agents,
employees, representatives, or any subgrantee or its employees.
The Subgrantee’s obligation shall not include such claims that may be caused by the sole negligence of the State or
AWC or their agencies, officials, agents, and employees. If the claims or damages are caused by or result from the
concurrent negligence of (a) the State, AWC or their agents or employees and (b) the Subgrantee, its subcontractors,
agents, or employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of
the Subgrantee or its subgrantees, agents, or employees.
The Subgrantee waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold
harmless the state and its agencies, officers, agents or employees.
16. INDEPENDENT CAPACITY OF THE SUBGRANTEE
The parties intend that an independent Subgrantee relationship will be created by this Subgrant. The Subgrantee and
its employees or agents performing under this Subgrant are not employees or agents of the state of Washington,
Commerce, or AWC. The Subgrantee will not hold itself out as or claim to be an officer or employee of C ommerce,
AWC, or of the state of Washington by reason hereof, nor will the Subgrantee make any claim of right, privilege or
benefit which would accrue to such officer or employee under law. Conduct and control of the work will be solely with
the Subgrantee.
17. INDUSTRIAL INSURANCE COVERAGE
The Subgrantee shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the Subgrantee
fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may
be required by law, AWC may collect from the Subgrantee the full amount payable to the Industrial Insurance
Accident Fund. AWC may deduct the amount owed by the Subgrantee to the accident fund from the amount payable
to the Subgrantee by AWC under this Subgrant, and transmit the deducted amount to the Department of Labor and
Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I’s rights to collect from the
Subgrantee.
18. LAWS
The Subgrantee shall comply with all applicable laws, ordinances, codes, regulations and policies of local, state, and
federal governments, as now or hereafter amended.
19. LICENSING, ACCREDITATION AND REGISTRATION
The Subgrantee shall comply with all applicable local, state, and federal licensing, accreditation and registration
requirements or standards necessary for the performance of this Subgrant.
________________________________________________________________________________________________________ Page 11 of 17
20. LIMITATION OF AUTHORITY
Only the Chief Executive Officer of AWC or the CEO’s delegate by writing (delegation to be made prior to action) shall
have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this
Subgrant. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of this Subgrant
is not effective or binding unless made in writing and signed by the Authorized Representative and the Chief
Executive Officer of AWC or the CEO’s delegate.
21. NONDISCRIMINATION
A. Nondiscrimination Requirement. During the performance of this Subgrant, the SUBGRANTEE, including any
subcontractor, shall comply with all federal, state, and local nondiscrimination laws, regulations and policies, this
shall include but not be limited to the following: SUBGRANTEE, including any subcontractor, shall not
discriminate on the bases enumerated at RCW 49.60.530(3). In addition, SUBGRANTEE, including any
subcontractor, shall give written notice of this nondiscrimination requirement to any labor organizations with which
SUBGRANTEE, or subcontractor, has a collective bargaining or other agreement.
The funds provided under this Subgrant shall not be used to fund religious worship, exercise, or instruction. No
person shall be required to participate in any religious worship, exercise, or instruction in order to have access to
the facilities funded by this Subgrant.
B. Obligation to Cooperate. SUBGRANTEE, including any subcontractor, shall cooperate and comply with any
Washington state agency investigation regarding any allegation that SUBGRANTEE, including any subcontractor,
has engaged in discrimination prohibited by this Agreement pursuant to RCW 49.60.530(3).
C. Default. Notwithstanding any provision to the contrary, AWC or COMMERCE may suspend SUBGRANTEE,
including any subcontractor, upon notice of a failure to participate and cooperate with any state agency
investigation into alleged discrimination prohibited by this Contract, pursuant to RCW 49.60.530(3). Any such
suspension will remain in place until AWC and COMMERCE receive notification that SUBGRANTEE, including
any subcontractor, is cooperating with the investigating state agency. In the event SUBGRANTEE, or
subcontractor, is determined to have engaged in discrimination identified at RCW 49.60.530(3), AWC or
COMMERCE may terminate this Subgrant in whole or in part, and SUBGRANTEE, subcontractor, or both, may
be referred for debarment as provided in RCW 39.26.200. SUBGRANTEE or subcontractor may be given a
reasonable time in which to cure this noncompliance, including implementing conditions consistent with any court -
ordered injunctive relief or settlement agreement.
D. Remedies for Breach. Notwithstanding any provision to the contrary, in the event of Subgrant termination or
suspension for engaging in discrimination, SUBGRANTEE, subcontractor, or both, shall be liable for contract
damages as authorized by law including, but not limited to, any cost difference between the original Subgrant and
the replacement or cover Subgrant and all administrative costs directly related to the replacement Subgrant, e.g.,
cost of the competitive bidding, mailing, advertising and staff time , which damages are distinct from any penalties
imposed under Chapter 49.60, RCW. SUBGRANTEE may also be required to repay subgrant funds pursuant to
Section 25 (Recapture) of the General Terms & Conditions if the Agreement is terminated based on a violation of
the nondiscrimination requirement. AWC shall have the right to deduct from any monies due to SUBGRANTEE or
subcontractor, or that thereafter become due, an amount for damages SUBGRANTEE or subcontractor will owe
AWC for default under this provision.
22. PAY EQUITY
The Subgrantee agrees to ensure that “similarly employed” individuals in its workforce are compensated as equals,
consistent with the following:
A. Employees are “similarly employed” if the individuals work for the same employer, the performance of the job
requires comparable skill, effort, and responsibility, and the jobs are performed under similar working conditions.
Job titles alone are not determinative of whether employees are similarly employed;
B. Subgrantee may allow differentials in compensation for its workers if the differentials are based in good faith and
on any of the following:
i. A seniority system; a merit system; a system that measures earnings by quantity or quality of production; a
bona fide job-related factor or factors; or a bona fide regional difference in compensation levels.
ii. A bona fide job-related factor or factors may include, but not be limited to, education, training, or experience
that is: Consistent with business necessity; not based on or derived from a gender-based differential; and
accounts for the entire differential.
iii. A bona fide regional difference in compensation level must be: Consistent with business necessity; not
based on or derived from a gender-based differential; and account for the entire differential.
This Subgrant may be terminated by the AWC, if AWC, Commerce, or the Department of Enterprise Services
determines that the Subgrantee is not in compliance with this provision.
________________________________________________________________________________________________________ Page 12 of 17
23. POLITICAL ACTIVITIES
Political activity of Subgrantee’s employees and officers are limited by the State Campaign Finances and Lobbying
provisions of Chapter 42.17A RCW.
No funds may be used for working for or against ballot measures or for or against the candidacy of any person for
public office.
24. PUBLICITY
The Subgrantee agrees not to publish or use any advertising or publicity materials in which the state of Washington ,
AWC, or Commerce’s name is mentioned, or language used from which the connection with the state of
Washington’s, AWC’s or Commerce’s name may reasonably be inferred or implied, without the prior written consent
of AWC.
25. RECAPTURE
In the event that the Subgrantee fails to perform this Subgrant in accordance with state laws, federal laws, and/or the
provisions of this Subgrant, AWC reserves the right to recapture funds in an amount to compensate AWC for the
noncompliance (including recaptured amounts AWC is required to provide to Commerce under the Commerce Grant)
in addition to any other remedies available at law or in equity.
Repayment by the Subgrantee of funds under this recapture provision shall occur within the time period specified by
AWC. In the alternative, AWC may recapture such funds from payments due under this Subgrant.
26. RECORDS MAINTENANCE
The Subgrantee shall maintain books, records, documents, data and other evidence relating to this Subgrant and
performance of the services described herein, including but not limited to accounting procedures and practices that
sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this
Subgrant.
The Subgrantee shall retain such records for a period of six years following the date of final payment. At no additional
cost, these records, including materials generated under the Subgrant, shall be subject at all reasonable times to
inspection, review or audit by AWC, personnel duly authorized by AWC, Commerce, the Office of the State Auditor,
and federal and state officials so authorized by law, regulation or agreement.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained
until all litigation, claims, or audit findings involving the records have been resolved.
27. REGISTRATION WITH DEPARTMENT OF REVENUE
If required by law, the Subgrantee shall complete registration with the Washington State Department of Revenue.
28. RIGHT OF INSPECTION
The Subgrantee shall provide right of access to its facilities to AWC, or any of its officers, or to any other authorized
agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and
evaluate performance, compliance, and/or quality assurance under this Subgrant.
29. SAVINGS
In the event funding for this Subgrant from Commerce or any other state, federal, or other sources is withdrawn,
reduced, or limited in any way after the effective date of this Subgrant and prior to normal completion, AWC may
suspend or terminate the Subgrant under the "Termination for Convenience" clause, without the ten calendar day
notice requirement. In lieu of termination, the Subgrant may be amended to reflect the new funding limitations and
conditions.
30. SEVERABILITY
The provisions of this Subgrant are intended to be severable. If any term or provision is illegal or invalid for any
reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Subgrant.
31. SITE SECURITY
While on AWC premises, Subgrantee, its agents, employees, or subgrantees shall conform in all respects with
physical, fire or other security policies or regulations.
________________________________________________________________________________________________________ Page 13 of 17
32. SUBGRANTING/SUBCONTRACTING
The Subgrantee may only subgrant/subcontract with an outside Agent contemplated under this Subgrant if it obtains
the prior written approval of AWC.
If AWC approves subgranting/subcontracting, the Subgrantee shall maintain written procedures related to
subgranting, as well as copies of all subgrants/subcontract and records related to subgrants/subcontracts. For cause,
AWC in writing may: (a) require the Subgrantee to amend its subgranting/subcontracting procedures as they relate to
this Subgrant; (b) prohibit the Subgrantee from subgranting/subcontracting with a particular person or entity; or (c)
require the Subgrantee to rescind or amend a subgrant/subcontract.
Every subgrant/subcontract shall bind the Subgrantee/Subcontractor to follow all applicable terms of this Subgrant.
The Subgrantee is responsible to AWC if the Subgrantee/Subcontractor fails to comply with any applicable term or
condition of this Subgrant. The Subgrantee shall appropriately monitor the activities of the Subgrantee/Subcontractor
to assure fiscal conditions of this Subgrant. In no event shall the existence of a subgrant/subcontract operate to
release or reduce the liability of the Subgrantee to AWC for any breach in the performance of the Subgrantee’s duties.
Every subgrant/subcontract shall include a term that AWC, Commerce, and the State of Washington are not liable for
claims or damages arising from a Sub grantee/Subcontractor’s performance of the subgrant/subcontract.
33. SURVIVAL
The terms, conditions, and warranties contained in this Subgrant that by their sense and context are intended to
survive the completion of the performance, cancellation or termination of this Subgrant shall so survive.
34. TAXES
All payments accrued on account of payroll taxes, unemployment contributions, the Subgrantee’s income or gross
receipts, any other taxes, insurance or expenses for the Subgrantee or its staff shall be the sole responsibility of the
Subgrantee.
35. TERMINATION FOR CAUSE
In the event AWC or Commerce determines the Subgrantee has failed to comply with the conditions of this Subgrant
in a timely manner, AWC has the right to suspend or terminate this Subgrant. Before terminating the Subgrant, AWC
shall notify the Subgrantee in writing of the need to take corrective action. If corrective action is not taken within 30
calendar days, the Subgrant may be terminated.
In the event of termination or suspension, the Subgrantee shall be liable for damages as authorized by law including,
but not limited to, any cost difference between the original Subgrant and the replacement or cover Subgrant and all
administrative costs directly related to the replacement Subgrant, e.g., cost of the competitive bidding, mailing,
advertising and staff time.
AWC reserves the right to suspend all or part of the Subgrant, withhold further payments, or prohibit the Subgrantee
from incurring additional obligations of funds during investigation of the alleged compliance breach and pending
corrective action by the Subgrantee or a decision by AWC or Commerce to terminate the Subgrant. A termination
shall be deemed a “Termination for Convenience” if it is determined that the Subgrantee: (1) was not in default; or (2)
failure to perform was outside of his or her control, fault or negligence.
The rights and remedies of AWC and Commerce provided in this Subgrant are not exclusive and are, in addition to
any other rights and remedies, provided by law or in equity, including terminating the Subgrant and/or instituting and
prosecuting any proceeding at law or in equity to abate, prevent, or enjoin any such violation or to compel specific
performance by Subgrantee of its obligations hereunder.
36. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Subgrant, AWC may, by ten (10) business days’ written notice, beginning on the
second day after the mailing, terminate this Subgrant, in whole or in part. If this Subgrant is so terminated, AWC shall
be liable only for payment required under the terms of this Subgrant for services rendered or goods delivered prior to
the effective date of termination.
37. TERMINATION PROCEDURES
Upon termination of this Subgrant, AWC, in addition to any other rights provided in this Subgrant, may require the
Subgrantee to deliver to Commerce any property specifically produced or acquired for the performance of such part of
this Subgrant as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property
transfer.
________________________________________________________________________________________________________ Page 14 of 17
AWC shall pay to the Subgrantee (solely from and to the extent of funds provided by Commerce for this purpose) the
agreed upon price, if separately stated, for completed work and services accepted by Commerce, and the amount
agreed upon by the Subgrantee and Commerce for (i) completed work and services for which no separate price is
stated, (ii) partially completed work and services, (iii) other property or services that are accepted by Commerce, and
(iv) the protection and preservation of property, unless the termination is for default, in which case the Director of
Commerce shall determine the extent of the liability of Commerce. Failure to agree with such determination shall be a
dispute within the meaning of the “Disputes” clause of this Subgrant. AWC may withhold from any amounts due the
Subgrantee such sum as AWC determines to be necessary to protect AWC and Commerce against potential loss or
liability.
The rights and remedies of Commerce provided in this section shall not be exclusive and are in addition to any other
rights and remedies provided by law or under this Subgrant.
After receipt of a notice of termination, and except as otherwise directed by Commerce or the AWC, the Subgrantee
shall:
A. Stop work under the Subgrant on the date, and to the extent specified, in the notice;
B. Place no further orders or subgrants/subcontracts for materials, services, or facilities except as may be necessary
for completion of such portion of the work under the Subgrant that is not terminated;
C. Assign to Commerce, in the manner, at the times, and to the extent directed by the Authorized Representative, all
of the rights, title, and interest of the Subgrantee under the orders and subgrants/subcontracts so terminated, in
which case Commerce has the right, at its discretion, to settle or pay any or all claims arising out of the termination
of such orders and subgrants/subcontracts;
D. Settle all outstanding liabilities and all claims arising out of such termination of orders and subgrants/subcontracts,
with the approval or ratification of Commerce to the extent Commerce may require, which approval or ratification
shall be final for all the purposes of this clause;
E. Transfer title to C ommerce and deliver in the manner, at the times, and to the extent directed by Commerce any
property which, if the Subgrant had been completed, would have been required to be furnished to C ommerce;
F. Complete performance of such part of the work as shall not have been terminated by Commerce; and
G. Take such action as may be necessary, or as Commerce may direct, for the protection and preservation of the
property related to this Subgrant, which is in the possession of the Subgrantee and in which C ommerce has or may
acquire an interest.
38. TREATMENT OF ASSETS
Title to all property furnished by Commerce shall remain in Commerce. Title to all property furnished by the
Subgrantee, for the cost of which the Subgrantee is entitled to be reimbursed as a direct item of cost under this
Subgrant, shall pass to and vest in Commerce upon delivery of such property by the Subgrantee. Title to other
property, the cost of which is reimbursable to the Subgrantee under this Subgrant, shall pass to and vest in
Commerce upon (i) issuance for use of such property in the performance of this Subgrant, or (ii) commencement of
use of such property in the performance of this Subgrant, or (iii) reimbursement of the cost thereof by AWC or
Commerce in whole or in part, whichever first occurs.
A. Any property of AWC or Commerce furnished to the Subgrantee shall, unless otherwise provided herein or approved
by AWC or Commerce, as applicable, be used only for the performance of this Subgrant.
B. The Subgrantee shall be responsible for any loss or damage to property of AWC or Commerce that results from the
negligence of the Subgrantee or which results from the failure on the part of the Subgrantee to maintain and
administer that property in accordance with sound management practices.
C. If any AWC or Commerce property is lost, destroyed or damaged, the Subgrantee shall immediately notify AWC or
Commerce, as applicable, and shall take all reasonable steps to protect the property from further damage.
D. The Subgrantee shall surrender to AWC all property of AWC and shall surrender to Commerce all property of
Commerce prior to settlement upon completion, termination or cancellation of this Subgrant.
E. All reference to the Subgrantee under this clause shall also include Subgrantee’s employees, agents or
Subgrantees/Subcontractors.
39. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver
shall not be construed to be a modification of the terms of this Subgrant unless stated to be such in writing and signed
by AWC.
40. THIRD PARTY BENEFICIARY
Commerce is a third-party beneficiary of this Subgrant and shall have the right to enforce this Subgrant directly
against the Subgrantee.
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Attachment A: Scope of Work
Background
The purpose of the grant is to assist cities who own Tier 1 and Tier 2 covered buildings in completing energy
audits and collecting data on the costs for cities to comply with the state’s Clean Buildings Performance
Standard (CBPS).
AWC will fully or partially fund eligible Tier 1 and Tier 2 buildings, based on availability of funding. Funding will
be awarded only for the cost of the audit, on a reimbursement basis.
Subgrantee responsibilities
The subgrantee will contract with a qualified energy auditor to conduct an energy audit of the city’s qualifying
buildings and submit reporting materials and invoicing as outlined in Attachment C.
The audit will contain a detailed analysis of the existing systems. The audit will include an evaluation of the
economic performance and investment value of the EEMs (payback calculation and/or LCCA), which will meet
the requirements of the CBPS.
• The auditor must be a qualified energy auditor, per Commerce’s specifications:
o A person acting as the auditor of record, having training, expertise, and three years professional
experience in building energy auditing, and any one of the following:
▪ A licensed professional architect or engineer
▪ A Building Energy Assessment Professional (BEAP) certified by the American Society of Heating,
Refrigerating and Air-Conditioning Engineers (ASHRAE)
▪ A Certified Energy Auditor (CEA) certified by the Association of
▪ Energy Engineers (AEE)
• The auditor must complete an energy audit in accordance with Section 8 of the Washington State CBPS.
The audit must:
o Include an audit summary in accordance with Normative Annex Z6.4 Form D of the Washington State
CBPS.
o Verify energy savings calculations of each EEM.
o Verify that the combined savings of multiple EEM accounts for interactive effects.
o Verify individual EEM costs evaluated by the energy audit.
o Certify that the energy savings of the package of EEMs meets or exceeds projected energy savings in
accordance with Section 9 of the CBPS.
o For Tier 1 buildings that will not meet the EUIt and will be pursuing compliance through the investment
criteria, the energy audit shall be an ASHRAE level 2 audit and include a life cycle cost analysis of all
evaluated EEMs in accordance with Normative Annex X of the CBPS.
o For Tier 1 buildings, the audit will identify opportunities for EEMs that, if implemented, would either
meet the EUIt for the building or meet the investment criteria requirements of Normative Annex X of the
CBPS.
• The auditor must complete a building improvement plan that includes:
o A description of each Tier 1 or Tier 2 covered building and the building’s systems including the physical
address, building owner authorized representative name and contact information, and, for Tier 1
buildings, the CBPS Building ID.
o The baseline energy consumption for each facility, including the data, methodology and variables used
to compute the baseline, and the baseline calendar period. The calendar period must not be shorter
than twelve consecutive months and shall be from within the previous 2 years prior to the energy audit.
o Recommendations for replacement of existing equipment, along with recommendations for
improvements to existing equipment and operating conditions (EEMs).
o For Tier 1 buildings, the recommended EEMs to be installed in order to achieve compliance with the
EUIt or if complying through the investment criteria.
▪ The auditor shall check with the utility provider and provide rebate recommendations that align with
identified EEMs.
o The standards of comfort and service appropriate for the facility.
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o The estimated energy savings and energy cost savings that are expected from the installation of the
energy efficiency equipment, and an explanation of the method or methods used to make the estimate.
o The maximum allowable construction cost, itemized in detail.
o Energy Use Intensity Calculations (Form C). Energy Star Portfolio Manager account for energy
benchmarking, except buildings unable to meet Section 5.2, “Building Energy Monitoring” as referenced
in Section Z6.3 of the CBPS.
o For Tier 1 buildings, Energy Audit Forms (Form D) (Z6.4.1) and for buildings seeking compliance
through the investment criteria, Annex X, Investment Criteria Tool (Form F) (Z6.5).
The energy auditor will send the city the finalized audit and the building improvement plan.
The subgrantee will complete an energy audit of the the following city -owned public buildings:
• 251 1st Street, Bremerton, WA 98337
• 1025 Burwell Street, Bremerton, WA 98337
• 100 Washington Avenue, Bremerton 98337
• 680 Lebo Blvd., Bremerton, WA 98337
• 502 5th Street, Bremerton, WA 98337
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Attachment B: Budget
Budget
$86,806.48
Budget narrative
Funds will be used to pay the costs of energy audits by a qualified energy auditor for the following buildings:
• 251 1st Street, Bremerton, WA 98337
• 1025 Burwell Street, Bremerton, WA 98337
• 100 Washington Avenue, Bremerton 98337
• 680 Lebo Blvd., Bremerton, WA 98337
• 502 5th Street, Bremerton, WA 98337
________________________________________________________________________________________________________ Page 18 of 17
Attachment C: Reporting Requirements
No later than May 31, 2025, the city must submit the following to AWC:
Audits of Tier 1 buildings:
• Invoice demonstrating payment for the audit
• A completed building improvement plan for each building included in the audit, including:
o Compliance pathway, if applicable
o Performance metric for each building
o Estimated cost of meeting the Energy Performance Metric
o Estimated cost of developing and implementing an energy management plan, as required by the CBPS
o Estimated cost of developing and implementing an operations and maintenance program, as required
by the CBPS
• A completed Form D Audit Report
Audits of Tier 2 buildings:
• Invoice demonstrating payment for the audit
• A completed building improvement plan for each building included in the audit, including:
o The identified Energy Efficiency Measures (EEMs)
o Range of estimated costs to implement the EEMs
o Estimated cost of developing and implementing an energy management plan, as required by the CBPS
o Estimated cost of developing and implementing an operations and maintenance program, as required
by the CBPS
All work must be completed, and reports and reimbursement requests submitted , no later than May 31, 2025.
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
Study Session Date: March 12, 2025 SUBJECT:
Professional Services Agreement with
CONSOR North America, Inc. for
Manganese Treatment Facilities
(Eastside) Final Design
COUNCIL MEETING Date: March 19, 2025
Department: Public Works & Utilities
Presenter: David Powell
Phone: (360) 473-5268
The City’s existing Wells 13 and 14 have manganese levels exceeding the Environmental Protection
Agency’s Secondary Maximum Contaminant Level requirements. In 2023, the City completed pilot
testing for both wells on different filter media options for manganese removal in anticipation of
constructing a full-scale treatment system. Pump Station 16, located on the same site as Well 13, is
nearing the end of its useful life and has insufficient capacity to meet summertime peak demands. A
new filtration facility and pumping station are needed.
Staff conducted a competitive selection process for qualified consultants to complete the design.
CONSOR North America, Inc, was selected. CONSOR completed an alternatives analysis that
shows a new treatment plant and new Pump Station 16 located on the Well 14 site as the most cost-
effective solution. This design contract is for a new filtration and pumping facility located on the Well
14 site for $749,615.
ATTACHMENTS: 1. Contract; 2. Location Map
FISCAL IMPACTS (Include Budgeted Amount): The design and construction of this project is
funded in the approved 6-year Water CIP and is identified as Project WT00054.2 titled Manganese
Treatment Facilities – Eastside and PS#16 (Retrofit/Rebuild) for $6,500,000.
The City has secured a DWSRF loan to fund the project.
STUDY SESSION ACTION: ☐ Consent Agenda ☐General Business ☐Public Hearing
RECOMMENDED MOTION: Move to award the contract for Manganese Treatment Facilities
(Eastside) Final Design to CONSOR in the amount of $749,615, 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
4G
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Final Design Contract Manganese Treatment Facilities (Eastside) and PS 16
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PROFESSIONAL SERVICES AGREEMENT
Final Design Contract for
Manganese Treatment Facilities (Eastside) and PS 16
The City of Bremerton (“City”) and Consor North America, Inc (“Consultant”), referred to
collectively as the “Parties,” enter into the following Agreement for professional services:
I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of
Work, dated February 6, 2025, including any attachments thereto, attached hereto as Exhibit A, which is
incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.H of
this Agreement. If the Scope of Work provides for unspecified additional services such services shall
only be performed upon the express written request of the City. Consultant further represents that the
services furnished under this Agreement will be performed in accordance with generally accepted
professional practices in effect at the time such services are performed.
II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit
A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A
is to be completed as provided for in the work schedule attached hereto as Exhibit B; provided however,
that additional time shall be granted by the City for excusable delays or extra work as provided for in
Section 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 $749,615. 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
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its personnel have no authority to bind the City or to control the City’s employees and other Consultants.
None of the benefits provided by the City to its employees, including, but not limited to, compensation,
insurance, and unemployment insurance are available from the City to the employees, agents,
representatives, or sub-consultants of the Consultant. Consultant will be solely and entirely responsible
for its acts and for the acts of Consultant's agents, employees, representatives and sub-consultants during
the performance of this Agreement. The City may, during the term of this Agreement, engage other
independent Consultants to perform the same or similar work.
As an independent Consultant, Consultant is responsible for its own management. The City’s
administration and enforcement of this Agreement shall not be deemed an exercise of managerial control
over Consultant or its personnel.
As an independent Consultant, Consultant is responsible for payment of all taxes and licensing
fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not
limited to State industrial insurance, Business & Occupation, State professional licensing, and City
business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold
the delinquent amount, plus any additional charges arising from the delinquency, from any payments due
Consultant.
V. Indemnification:
A. Consultant shall defend, indemnify and hold the City, its officers, officials, employees,
agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all
legal costs and attorney fees, arising out of or in connection with the performance of this Agreement except
for that portion of the injuries and damages caused by the City’s sole negligence, unless Consultant is
conducting work pursuant to Subsection B below.
The City's review or acceptance of any of the work when completed shall not be grounds to avoid
any of these covenants of indemnification.
B. Architects, Engineers and Any Other Professional Listed In and Performing Services
Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that Consultant’s services
provided pursuant to this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages
arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent
negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the
Consultant's liability hereunder shall be only to the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES
OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
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VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Consultant, its agents, representatives,
employees, sub-consultants or sub-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
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two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and
failure to do so shall be construed to be a breach of this Agreement.
The City also reserves its unqualified right to require at any time and for any reason, proof of
coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage.
In the event that the Consultant employs other consultants or 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 Tacoma, 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
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work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at
Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools,
or other articles used or held for use in connection with the work.
E. Place of Work: The Consultant shall perform the work authorized under this Agreement
at its offices in Tacoma, 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: David Powell, PE Attn: Nathan Rostad, PE
City of Bremerton CONSOR North America, Inc
345 6th Street, Suite 100 1102 Broadway Plaza, Suite 401
Bremerton, WA 98337-1891 Tacoma, WA 98402
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.
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M. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of
the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be
brought in Kitsap County Superior Court.
N. Attorneys’ Fees: In the event of litigation to enforce any of the terms or provisions herein,
each party shall pay all its own costs and attorney’s fees.
O. Assignment: Any assignment of this agreement by the 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 t he 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.
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B. Rights Upon Termination: In the event of termination, the City shall pay for all services
performed by the Consultant to the effective date of termination, as described on a final invoice submitted
to the City. After termination, the City may take possession of all records and data within the Consultant's
possession pertaining to this project which may be used by the City without restriction. Any such use not
related to the project which Consultant was contracted to perform shall be without liability or legal
exposure to the Consultant.
XI. Suspension & Debarment. For contracts involving 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 CONSOR North America, Inc
By: By:
Print Name: Greg Wheeler Print Name: Nathan Rostad
Its: Mayor Its: Senior Engineer
Date: Date:
APPROVED AS TO FORM: ATTEST:
By: By:
Kylie J. Finnell, Bremerton City Attorney Angela Hoover, City Clerk
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Consor • February 6, 2025 • City of Bremerton
Final Design Contract for Manganese Treatment Facilities (Eastside) and PS 16 • 1
EXHIBIT A
SCOPE OF SERVICES
FINAL DESIGN CONTRACT FOR MANGANESE
TREATMENT FACILITIES (EASTSIDE) AND PS 16
CITY OF BREMERTON
Project Overview and Understanding
Consor (Consultant) has developed the following Scope of Services and accompanying engineering fee
estimate for the City of Bremerton (City) Final Design Contract for Manganese Treatment Facilities
(Eastside) and Pump Station 16 (PS 16) project.
Wells 13 and 14 are located approximately 1,300 feet from each other along Central Valley Rd NE outside
of the City limits within Kitsap County, and PS 16 and Well 13 are located on the same small, 6,100 square
foot parcel. PS 16 was constructed in 1975 and is scheduled for improvement to increase capacity, improve
the station layout to be more operator friendly, replace aging equipment, and relocate chlorine storage to
within a new pump station structure. After discovering manganese levels exceeding the secondary
maximum contaminant level and its system wide manganese goals in its Eastside Wells 13 and 14, the City
recently completed pilot testing for manganese treatment that showed a single treatment facility to treat
both wells would be more cost effective than separate treatment facilities for each well. Given the
proximity and interrelated nature between the wells and pump station, the City decided to execute one
project to construct a new upgraded PS 16 and construct a manganese treatment facility for Wells 13 and
14.
Phase 1 of the project included a siting alternatives evaluation to determine the preferred location for the
new manganese treatment facility and improved PS 16. The alternatives evaluation selected to locate the
new treatment facility and new PS 16 at the Well 14 site. These results of the initial phase evaluation and
analyses will serve as the basis for preliminary and final design to be completed under this Phase 2 scope
of work. The high-level scope of improvements for the project includes the following:
➢ New combined pump station and manganese treatment facility with backwash storage tank and
standby generator located at the Well 14 site.
➢ New 12-inch diameter E240 Zone pipeline to function as a suction line for the new pump station.
➢ Replacement of Well 14 pump, motor, and motor starter.
➢ Replacement of well houses with new pre-fabricated fiberglass buildings for Wells 13 and 14.
➢ Demolition of PS 16.
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➢ Construction of a new building at the Well 13 site to house the electrical and controls equipment ,
including a new PLC control panel for the Well 13 site.
➢ New dedicated transmission pipeline to convey treated water from the new treatment facility to the
transmission main that currently conveys Well 13 flow to Reservoirs 17 & 20.
The City intends to pursue Drinking Water State Revolving Fund (DWSRF) funding for the project. This Scope
of Services and accompanying fee estimate have been developed based on the previously completed
alternatives evaluation, discussions with the City, and Consor’s understanding of the project.
Project Approach
The engineering services provided by Consor will be phased into separate activities as shown below:
➢ Phase 1: Siting alternatives evaluation – Separate scope of services recently completed for this project.
➢ Phase 2: Preliminary Design, Final Design, Bidding Support, and Construction Support – Includes the
Scope of Services contained herein.
Scope of Services
The proposed Scope of Services is for engineering services for Phase 2 of the Eastside Manganese
Treatment and PS 16 Improvements project and is divided into the following work tasks.
➢ Task 1 Project Management
➢ Task 2 Data Collection, Geotechnical Investigation, and Base Map Preparation
➢ Task 3 Preliminary Design
➢ Task 4 Final Design
➢ Task 5 Permitting
➢ Task 6 Bidding Support
➢ Task 7 Construction Support
➢ Task 8 Management Reserve
Task 1 - Project Management
Objective
Provide overall leadership and team strategic guidance aligned with City staff objectives. Coordinate,
monitor, and control the project resources to meet the technical, communication, and contractual
obligations required for developing and implementing the project scope.
1.1 Invoices and Status Reports
Prepare and submit electronic monthly invoice for review and approval by the City. Each invoice shall
include the following information.
➢ Billing period (start and end date) included in the invoice
➢ Description of work accomplished in each WBS/contract task for the billing period
➢ Name, billing rate and hours for each resource that worked on each task
➢ Percent spent vs. percent completed (by task if appropriate to the project)
➢ Potential out-of-scope work items
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1.2 Project Schedule
Prepare a project schedule and manage schedule through completion of this Scope of Services.
1.3 Project Coordination
Coordinate with City Project Manager. Manage project staff and manage subconsultant contracts.
Communicate scope and schedule expectations with subconsultants and staff. Coordinate and manage
subconsultant and staff work to meet overall project goals.
1.4 Quality Management
Perform in-house quality assurance reviews of work products of staff and subconsultants. Confluence
Engineering will provide quality assurance reviews of water age modeling work conducted by Consor.
1.5 Kick-off Meeting
Prepare for and attend a virtual kick-off meeting with City staff.
Provided by the City
➢ Timely review and processing of consultant invoices
➢ Review of kick-off meeting agenda and meeting summary prepared by Consor
Task Deliverables
➢ Project schedule
➢ Up to forty (40) months of progress reports and invoices
Assumptions
➢ Consultant assumes a Notice to Proceed date in early November 2024.
➢ The total length of this phase of the project is estimated to be up to forty (40) months.
➢ The kickoff meeting will be virtual and attended by up to two (2) Consor staff.
➢ Project schedule will be developed and maintained using MS Project.
➢ Project schedule will be provided at the start of the project, and up to three (3) project schedule
updates will be provided (PDF format) at 30%, 60%, and 90% deliverables.
Task 2 – Data Collection, Geotechnical Investigation, and Base Map
Development
Objective
Collect and review data for the project for use in subsequent tasks, geotechnical investigation and reporting
for the Well 13 site to inform of potential geotechnical design requirements at the site, and continued
development of a base map for use in the subsequent design phase.
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2.1 Data Collection and Review
Prepare a list of data needed for the project, submit to the City, and coordinate with the City during the
data collection process. Gather relevant GIS data from publicly available sources. Review data and
information collected and extract relevant information for the project. Coordinate with utility companies,
request utility as-built plans, review information received, and incorporate pertinent information into the
survey base map. Consor’s electrical and instrumentation subconsultant, Industrial Systems, Inc. (Industrial
Systems), will perform a site visit to collect additional field information.
2.2 Site Survey and Base Map Development
Coordinate surveying tasks with surveying subconsultant, review draft survey information, and coordinate
with surveyor on work required to complete survey to City standards and requirements of the project.
Topographic and Boundary Survey will be completed by Consor subconsultant, AES Consultants, Inc. (AES).
This task includes review and cleanup of the site survey AutoCAD files provided by AES, and development
of a base map suitable for design of the proposed improvements.
Prepare a topographic survey of the right of way of Central Valley Road between the Well 14 and Well 13
sites. The topography will include 1-foot contours, the road improvements, locatable underground utilities,
visible surface level utilities, and existing structures within the right of way.
2.3 Geotechnical Field Investigation and Reporting
Consor’s geotechnical engineering subconsultant, Robinson Noble, a Terraphase Company (Robinson
Noble) to provide geotechnical engineering services consisting of subsurface exploration and analyses to
assess and develop recommendations at the Well 13 site. Summarize the results of the subsurface
investigations in a report including seismic design parameters, foundation recommendations, excavation
and shoring recommendations, and groundwater considerations.
Consor to coordinate with the geotechnical engineer on location and size of proposed improvements.
Consor to coordinate subsurface investigative tasks with geotechnical engineer, and review draft and final
geotechnical reports.
2.4 Cultural Resources Survey
Support the City’s application for project funding from the Drinking Water State Revolving Fund (DWSRF).
Consor’s cultural resources subconsultant, ASM Affiliates, Inc. (ASM), to conduct a cultural resources survey
at Well 13 and Well 14 sites and prepare a technical report for the project written in compliance with the
Washington State Department of Archaeology and Historic Preservation (DAHP) guidelines and applicable
regulations. ASM to conduct records searches of site forms, previous cultural resources reports, and
archival review of existing documentation to determine cultural resources concerns or historical properties
located within 1 mile of the project area(s).
Fieldwork to include an intensive survey to examine exposed ground surfaces for archaeological resources.
Subsurface excavation to be conducted using a judgmental method. Shovel test probe (STP) excavations to
be used to determine the presence, extent, and structure of subsurface deposits, and assist in the
determination of the nature of identified site boundaries. STPs to be excavated at 20 meter intervals to a
maximum depth of 100 cm below surface. Sediment from excavations to be screened through ¼-inch
hardware mesh, documented on ASM forms, which include provenience location, artifact inventory,
information on sediment type and color, termination depth, and general observations. The locations of
Consor • February 6, 2025 • City of Bremerton
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excavations and identified cultural resources to be documented with submeter accuracy global positioning
systems (GPS) handheld devices and included on report quality figures within the technical report.
2.5 Utility Coordination
Coordinate with utility companies, request utility as-built plans, review information received, and
incorporate pertinent information into the survey base map. Industrial Systems to coordinate with the
electrical utility for changes to or installation of a new electrical service at both well sites.
Provided by the City
➢ Timely responses to data requests
➢ Submission of One Call requests and field locating of utilities prior to field surveying.
➢ Access to the sites for completion of field work.
Assumptions
➢ City will provide available data within two (2) weeks of request.
➢ One data request list will be developed and submitted to the City.
➢ The City will locate the AC water main within Central Valley Road.
➢ Topographic survey of Central Valley Road will extend along the proposed alignment of up to two new
water mains between the Well 13 and Well 14 sites.
➢ Geotechnical investigation will be limited to the Well 13 site during this phase and will include up to
three (3) shallow borehole excavations and up to 6 grain size analyses and moisture contents around
the perimeter of the proposed building footprint as allowed by existing structures and underground
utilities.
➢ Cultural resources survey will include a maximum of 30 STPs excavated.
➢ PS 16 will not require inventory/evaluation as a historic structure.
➢ The existing well buildings will not require inventory/evaluation as historic structures (<50 years old at
time of demolition).
➢ Indirect impacts analysis is not required.
➢ NRHP evaluation, data recovery, historic property inventory/evaluation, and/or on-site monitoring for
any cultural resources identified will be performed under augment.
Consultant Deliverables
➢ Data request list(s)
➢ Survey base map
➢ Draft and final geotechnical reports for the Well 13 site, in PDF format.
➢ Cultural resources technical report, in PDF format.
Consor • February 6, 2025 • City of Bremerton
Final Design Contract for Manganese Treatment Facilities (Eastside) and PS 16 • 6
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Task 3 – Preliminary Design
Objective
Coordinate with City staff on key design elements, development of preliminary plans to the 30% completion
level, and development of a project report for submittal to the Washington State Department of Health
(DOH). Consor subconsultant CG Engineering (CG) will perform structural engineering design and Industrial
Systems will perform electrical, instrumentation, and controls design.
3.1 Hydraulic Modeling and Analysis
Using the City’s updated hydraulic model, perform analyses to perform pump sizing and selection for the
new PS 16.
3.1.1 Pump Sizing and Selection
Coordinate with the City on capacity requirements and planned operation of the pump station, considering
pump runtimes, storage replenishment rates, and supply redundancy. Incorporating pipeline configuration
resulting from water age modeling, conduct hydraulic modeling to evaluate maximum flows that could be
pumped from the proposed pump station to Reservoirs 17 and 20 without causing negative distribution
system impacts. Develop system head curves based on detailed information on the interior layout and size
of piping, control valves and meters within the pump station; also consider existing and proposed offsite
water main size. Select basis of design pumps based upon required flow and head conditions, available
pump manufacturer data, and efficiencies.
3.2 Design Criteria
Refine the preliminary design criteria gathered during Phase 1 for the proposed improvements based on
City standards, regulatory agency requirements, completed services by subconsultants, and coordination
with the City on equipment preferences.
3.3 Stormwater Analysis
Develop a conceptual drainage plan for use during the pre-submittal conference based on the Kitsap
County Stormwater Management Manual. Develop a stormwater management report based on the Kitsap
County Stormwater Management Manual.
3.4 30% Design
3.4.1 30% Preliminary Plans and Cost Estimate Submittal
Prepare preliminary plans at the 30% completion level for the treatment and pump station facility and other
proposed site improvements using the information developed in prior tasks and the selected alternative in
the Alternatives Analysis. Develop preliminary plans at a 1”=20’ scale for site improvements and between
¼”=1’ and ½”=1’ scale for the treatment and pump station facility. Prepare a preliminary construction cost
estimate for the proposed treatment and pump station facility, new water mains, and associated site
improvements.
3.4.2 30% Design Review Workshop
Consor • February 6, 2025 • City of Bremerton
Final Design Contract for Manganese Treatment Facilities (Eastside) and PS 16 • 7
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Prepare for and attend a virtual meeting with City staff to present the results of Task 3.4.1, gather input,
and modify the 60% design plans based on City input.
3.5 Department of Health (DOH) Project Report
Prepare a Preliminary Design Report (Project Report) that documents the project background, proposed
improvements, design criteria, analyses, discussion of operations and maintenance requirements, cost
estimate, and project schedule. Include in the appendix the 30% preliminary plans, and the technical
memoranda from the prior phase and reports from services performed by subconsultants. Prepare the
Preliminary Design Report to fulfill the DOH Project Report requirements for facility projects.
Modify report based on City review comments and submit copies of final report to City and DOH. Submit
the Preliminary Design Report and required DOH forms to DOH for review in accordance with the project
report requirements for proposed facility projects. Coordinate with DOH staff and provide written
responses to comments received from DOH’s review of the report.
Provided by the City
➢ Input on equipment preferences, pump station capacity requirements, and proposed operation.
➢ Attendance and participation at meetings and workshops.
➢ Hydraulic model of water system.
➢ Review of the preliminary design plans, project report, and preliminary construction cost estimate with
one compiled written set of comments prior to the 30% review meeting.
Assumptions
➢ The hydraulic model provided by the City does not require calibration and its accuracy is sufficient to
perform the analysis outlined in this scope. Modeling for system curve development and pump
selection will be limited to up to 10 hours of effort.
➢ The 30% preliminary plans will be updated to reflect City review comments prior to finalizing the
Preliminary Design Report and submitting it to DOH.
➢ The 30% plan set will consist of up to 30 sheets.
➢ The 30% plans will include a preliminary landscaping plan to be used for the permitting pre-application
meeting.
➢ The City review period will be up to three (3) weeks.
➢ Up to two (2) virtual workshops will be attended by up to three (3) Consor staff.
➢ For the purposes of stormwater management, new plus replaced hard surfaces that are not associated
with underground utility work will be less than 5,000 square feet. WWHM modeling for flow control
will not be required, and stormwater design will be limited to evaluation of onsite BMPs to satisfy
Minimum Requirement #5.
Consor • February 6, 2025 • City of Bremerton
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Consultant Deliverables
➢ Workshop agendas and summaries for up to two (2) workshops.
➢ Draft and final stormwater management report in PDF format.
➢ An electronic copy (PDF format) of 30% preliminary plans at half size (11x17) and 30% preliminary
construction cost estimate.
➢ Draft and final Preliminary Design Reports will be submitted to the City in Word and PDF format.
➢ An electronic copy (PDF format) of the Final Preliminary Design Report to be submitted to DOH.
Task 4 – Final Design
Objective
Produce final design plans, specifications, and construction cost opinion for the project based on the 30%
preliminary plans and design elements documented in the Preliminary Design Report. Final design plans,
specifications, and cost opinions will be developed to the 60% and 90% completion levels for review by the
City. Final bid-ready plans, specifications, and cost estimate will incorporate prior City review comments
and be suitable for bidding.
4.1 60% Design
4.1.1 60% Plans, Specifications, and Cost Estimate Submittal
Develop plans at a 1”=20’ scale for site improvements and piping plan/profile and between ¼”=1’ and ½”=1’
scale for treatment and pump station facility and include details. Specifications to include the City’s front-
end contract documents and general conditions and Consor’s technical specifications in MasterFormat 50
Division CSI format. Format the cost opinion to reflect the bid items in the bid schedule of the contract
documents. Review plans, specifications, and cost opinions developed by subconsultants for design
consistency prior to incorporating into the design submittal.
4.1.2 60% Design Review Workshop
Prepare for and attend a virtual meeting with City staff to present the results of Task 4.1.1, gather input,
and modify the 90% design plans and specifications based on City input.
4.2 90% Design
4.2.1 90% Plans, Specifications, and Cost Estimate Submittal
Further develop design plans, specifications, and cost opinion to the 90% completion level based on the
60% design submittal and modifications from the City’s review comments. Review plans, specifications, and
cost opinions developed by subconsultants for design consistency prior to incorporating into the design
submittal.
4.2.2 90% Design Review Workshop
Prepare for and attend a virtual meeting with City staff to present the results of Task 4.2.1, gather input,
and modify the final bid-ready design plans and specifications based on City input.
Consor • February 6, 2025 • City of Bremerton
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4.3 Final Bid Ready Document Submittal
Further develop design plans, specifications, and cost opinion to the 100% completion level based on the
90% design submittal and modifications from the City’s review comments. Submit stamped and signed bid-
ready contract documents and plans to the City. Update bid proposal quantities to reflect a bid-ready
design package. Review plans, specifications, and cost opinions developed by subconsultants for design
consistency prior to incorporating into the final submittal.
Provided by the City
➢ Complete technical review of the design submittal documents and provide one (1) compiled written
set of comments for each submittal prior to the review meetings.
➢ Attendance and participation at meetings and workshops.
➢ City standard front-end Division 0 and 1 contract documents and specifications in MS Word format.
Assumptions
➢ The 60% plan set will consist of up to 75 sheets. The 90% and final plan sets will consist of up to 100
sheets.
➢ PLC and SCADA programming will be completed by others.
➢ Telemetry, instrumentation and control designs for the project will be coordinated with the City’s
integrator for compatibility with the City’s existing system.
➢ Arc flash studies are not included in this scope. This study will be addressed via specification and be a
requirement of the construction contractor when equipment is known.
➢ No hoisting systems will be included in the design. Roof hatches will be provided for pump extraction.
➢ The design of the backwash tank will be performed by the supplier during construction. The contract
documents will include a performance specification for the tank.
➢ An irrigation system will not be included in the design, but will be designed by the contractor based
upon a performance specification in the contract documents.
➢ The project will not include any work related to the pipe outfall on the Well 14 site steep slope.
➢ City review period is assumed to be three (3) weeks for the 60% and 90% submittals.
➢ The following workshops will be virtual and be attended by up to three (3) Consor staff.
o 60% design review workshop
o 90% design review workshop
o Final design engineering workshop
Consultant Deliverables
➢ Workshop agendas and summaries
Consor • February 6, 2025 • City of Bremerton
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➢ Submission of 60% and 90% design packages includes an electronic copy (PDF format) of the half size
(11x17) plan set, specifications, and engineer’s opinion of probable construction cost; including MS
Word documents of the specifications.
➢ Submission of Final Bid-Ready package includes an electronic copy (PDF format) of the plan set (11x17
and 22x34), specifications, and engineer’s opinion of probable construction cost; including MS Word
documents of the specifications and design drawings in AutoCAD.
Task 5 – Permitting
Objective
Apply for and obtain permitting approvals for construction of the project.
5.1 Pre-Submittal Conference
Prepare for and attend a Kitsap County pre-submittal conference with the County.
5.2 Permit Application Preparation and Support
Prepare and submit complete application packages for the project associated with the new treatment and
pump station facility construction and associated site improvements. Consor’s subconsultant, Farallon
Consulting dba Grette Associates (Grette), to perform critical areas studies to support permitting at both
well sites and provide SEPA application assistance.
Coordinate with City and Kitsap County permitting agencies during development of application packages.
Develop and submit responses to agency review comments. Coordinate with agencies throughout the
application review.
Provided by the City
➢ Review draft application packages and environmental documents and provide one set of compiled
review comments.
➢ Payment of all permit application and review fees.
➢ Obtaining an NPDES Construction Stormwater General Permit (CSWGP) from the Washington
Department of Ecology, should the County require a CSWGP be obtained for the project.
Assumptions
➢ Pre-submittal conference with Kitsap County will be attended by up to two (2) Consor staff.
➢ City will submit applications to the reviewing agency and be the main point of contact for agencies.
➢ The following application packages are anticipated to be submitted following the 30% design submittal:
o Administrative Conditional Use Permit
o Critical Areas Permit
o SEPA Environmental Checklist
➢ The following application packages are anticipated to be submitted following the 90% design submittal;
alternatively, they will be submitted sooner as allowed by the agency.
Consor • February 6, 2025 • City of Bremerton
Final Design Contract for Manganese Treatment Facilities (Eastside) and PS 16 • 11
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o Commercial Building Permits
o Site Development Activity Permit
o Fire Code Permit
o Right of Way Permit
o DOH Construction Documents Review
➢ No more than one response to agency compiled review comments are anticipated per application
package.
➢ Total Consor staff effort for permit application preparation and responses will be limited to up to
seventy (70) hours.
➢ It is anticipated that the SEPA determination issued by the County will be a Determination of Non-
Significance or Mitigated Determination of Non-Significance. The County will accept this project as
being “self-mitigating”.
➢ The Critical Areas Report prepared by Grette and the SEPA determination will meet the environmental
review requirements for DWSRF funding. No additional environmental studies or applications will be
required.
Consultant Deliverables
➢ Critical Areas report in pdf format.
➢ Application packages (drafts for City review and finals for agency review) for the items listed under Task
5.2.
➢ Responses to agency review comments.
Task 6 – Bidding Support
Objective
Assist the City on an as-needed basis up to the Task 6 budget during bidding and award of the project.
6.1 Bidder Inquiries and Addenda
At the direction of the City and up to the budget amount, respond to questions from bidders,
subcontractors, equipment suppliers, and vendors regarding the project, plans, and specifications. Prepare
addenda for use by the City in issuing addenda.
6.2 Pre-Bid Conference
Attend a pre-bid conference for the project and provide support to the City for specific agenda items.
Provided by the City
➢ Lead in tasks associated with bid advertisement, addenda distribution, plan holder administrations, bid
evaluation, bid tabulation etc.
➢ Lead receiving questions from bidders, subcontractors, equipment suppliers and other vendors.
Consor • February 6, 2025 • City of Bremerton
Final Design Contract for Manganese Treatment Facilities (Eastside) and PS 16 • 12
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Assumptions
➢ Only at the request of the City will Consor or its subconsultants provide support services during project
bidding.
➢ The Pre-bid Conference will be attended by up to two (2) Consor team members.
Consultant Deliverables
➢ Draft addenda for the City to distribute to plan holders.
➢ Written responses to up to five (5) bidder’s questions.
➢ Draft materials to support up to one (1) addenda.
Task 7 – Construction Phase Support
Objective
Assist the City on a limited basis during the construction phase of the project up the Task 7 budget.
7.1 Construction Support
At the direction of the City and up to the Task 7.1 budget amount, review specific construction
submittals/resubmittals, assist with issuing clarifications to the construction contractor, assist with review
of contractor changes and change order negotiation, conduct site visits, and participate in construction
meetings including the pre-construction meeting.
7.1.1 Submittal Review
Provide review of select contractor submittals
7.1.2 Requests for Information
Provide technical input on contractor requests for information (RFIs).
7.1.3 Contract Change Management
Assist with review of contractor change order proposals and change order negotiation.
7.2 Site Visits and Construction Meetings
Attend a limited number of construction meetings and perform select site meetings. CG to perform
structural observations and Robinson Noble to provide site visits for subgrade verification to meet building
code requirements.
7.3 Record Drawings
Update design drawings to account for any deviations identified during construction.
Consor • February 6, 2025 • City of Bremerton
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Provided by the City
➢ The City will provide on-site inspection and will take the lead in administering and managing all aspects
of the construction contract and communicating with the construction contractor.
Assumptions
➢ Consor to review up to 20 submittals, and up to 10 resubmittals.
➢ Consor to review and respond to up to 8 requests for information (RFIs).
➢ Consor to assist with review of contractor changes and change order negotiation for up to 2 change
orders.
➢ Up to 16 hours per attendee are allocated for attendance at construction meetings by Consor for up
to two (2) Consor staff.
➢ Up to 16 hours per attendee are allocated for site visits during construction for up to two (2) Consor
staff.
➢ CG will perform up to four structural observations and Robinson Noble will perform up to four site visits
for subgrade verification.
➢ Only at the request of the City will Consor or its subconsultants provide support services during
construction.
➢ The City will provide markups for Consor to develop record drawings.
Consultant Deliverables
➢ Responses to submittals, RFIs, change order proposals.
➢ Inspection reports.
➢ Record drawings.
Task 8 – Management Reserve
This task provides a management reserve allowance that may be used to address unforeseen tasks
necessary for any of the project components. This allowance may only be utilized based on written
authorization from the City’s project manager.
Budget
Work will be performed on a time and expense basis with a total not to exceed amount as shown on the
attached Fee Estimate (Exhibit C).
Consor • February 6, 2025 • City of Bremerton
Final Design Contract for Manganese Treatment Facilities (Eastside) and PS 16
EXHIBIT B
PROJECT SCHEDULE
The estimated schedule for the Scope of Services is based on an assumed notice to proceed at the beginning
of November 2024 and estimated completion of the project in August 2028. A detailed schedule will be
prepared after notice to proceed is provided by the City.
• Design/Permitting – 14 months, March 2024 – May 2026
• Bid/Award Construction – 2 months, June 2026 – August 2026
• Construction – 24 months, August 2026 – August 2028
Item Milestone
Notice To Proceed Early March 2025
30% Design Submittal June 2025
60% Design Submittal September 2025
90% Design Submittal December 2025
Permit Approvals Complete March 2026
Bid Ready Design Submittal May 2026
Bid Opening June 2026
Construction Start August 2026
Project Complete August 2028
Consor • February 6, 2025 • City of Bremerton
Final Design Contract for Manganese Treatment Facilities (Eastside) and PS 16
EXHIBIT C
Compensation
Contract Total (Refer to Attached Fee Estimate): $749,615
EXHIBIT C
FINAL DESIGN CONTRACT FOR MANGANESE TREATMENT FACILITIES (EASTSIDE) AND PS 16
CITY OF BREMERTON
PROPOSED FEE ESTIMATE
LABOR CLASSIFICATION (HOURS)
Tech. Advisor PM PE EIT CAD Modeling
Principal Engineer
VI
Principal Engineer
III
Professional
Engineer VII
Engineering
Designer II Technician II
Professional
Engineer VII Administrative III Hours Labor
Structural -
CG
E&IC -
Industrial
Systems
Geotech -
Robinson
Noble
Survey -
AES
Environmental
Permitting -
Grette
QA/QC -
Confluence
Engineering
Cultural
Resources -
ASM
Subconsultant
Multiplier
% Markup
Subconsultant Total with
Markup Expenses Total
$346 $308 $233 $154 $160 $230 $147
OdellLee RostadNat BurnsHea ColbergJac CloudDer TrottKev DeHavenPat
Task 1 - Project Management
Task 1.1 - Invoices and Status Reports 20 40 40 100 21,385$ 1.05 -$ -$ 21,385$
Task 1.2 - Project Schedule and Updates 40 40 12,305$ 1.05 -$ -$ 12,305$
Task 1.3 - Project Coordination 60 60 18,457$ 1.05 -$ -$ 18,457$
Task 1.4 - Quality Management 22 38 60 19,297$ 1.05 -$ -$ 19,297$
Task 1.5 - Kick-off Meeting 3 5 8 2,090$ 1.05 -$ -$ 2,090$
Task 1 Subtotal 22 161 45 0 0 0 40 268 73,533$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 73,533$
Task 2 - Data Collection, Geotechnical Investigation, and Base Map
Task 2.1 - Data Collection and Review 5 8 12 25 5,251$ 4,048$ 1.05 4,250$ -$ 9,501$
Task 2.2 - Site Survey and Base Map Development 3 7 8 8 26 5,068$ 10,210$ 1.05 10,721$ -$ 15,789$
Task 2.3 - Geotechnical Field Investigation and Reporting 1 2 4 7 1,390$ 8,000$ 1.05 8,400$ -$ 9,790$
Task 2.4 - Cultural Resources Survey 4 8 8 20 4,328$ 17,900$ 1.05 18,795$ -$ 23,123$
Task 2.5 - Utility Coordination 2 3 6 11 2,238$ 2,946$ 1.05 3,093$ -$ 5,331$
Task 2 Subtotal 0 15 28 38 8 0 0 89 18,275$ -$ 6,994$ 8,000$ 10,210$ -$ -$ 17,900$ 45,259$ -$ 63,534$
Task 3 - Preliminary Design
Task 3.1 - Hydraulic Modeling and Analysis 0 -$ 1.05 -$ -$ -$
3.1.1 Pump Sizing and Selection 3 25 10 38 7,068$ 1.05 -$ 102$ 7,170$
Task 3.2 - Design Criteria 2 4 6 12 2,472$ 1.05 -$ -$ 2,472$
Task 3.3 - Stormwater Analysis 6 12 40 20 78 14,002$ 1.05 -$ -$ 14,002$
Task 3.4 - 30% Design 0 -$ 1.05 -$ -$ -$
3.4.1 30% Preliminary Plans and Cost Estimate Submittal 3 24 40 72 70 209 40,041$ 4,750$ 12,391$ 1.05 17,998$ -$ 58,039$
3.4.2 30% Design Review Workshop 3 5 5 13 2,859$ 1.05 -$ -$ 2,859$
Task 3.5 - DOH Project Report 1 10 16 40 5 3 75 14,551$ 4,022$ 1.05 4,223$ -$ 18,774$
Task 3 Subtotal 4 48 77 188 95 10 3 425 80,993$ 4,750$ 12,391$ -$ -$ -$ 4,022$ -$ 22,221$ 102$ 103,316$
Task 4 - Final Design
Task 4.1 - 60% Design 0 -$ 1.05 -$ -$ -$
4.1.1 60% Plans, Specifications, and Cost Estimate Submittal 3 40 110 160 175 3 491 92,094$ 25,950$ 20,972$ 1.05 49,268$ 102$ 141,464$
4.1.2 60% Design Review Workshop 3 5 5 13 2,859$ 1.05 -$ -$ 2,859$
Task 4.2 - 90% Design 0 -$ 1.05 -$ -$ -$
4.2.1 90% Plans, Specifications, and Cost Estimate Submittal 3 30 100 135 140 3 411 77,233$ 12,410$ 26,252$ 1.05 40,595$ -$ 117,828$
4.2.2 90% Design Review Workshop 3 5 5 13 2,859$ 1.05 -$ -$ 2,859$
Task 4.3 - Final Bid Ready Document Submittal 1 20 50 90 70 3 234 43,664$ 5,390$ 22,045$ 1.05 28,807$ -$ 72,470$
Task 4 Subtotal 7 96 270 395 385 0 9 1162 218,709$ 43,750$ 69,269$ -$ -$ -$ -$ -$ 118,670$ 102$ 337,480$
Task 5 - Permitting
Task 5.1 - Pre-Submittal Conference 4 8 12 3,097$ 1.05 -$ -$ 3,097$
Task 5.2 - Permit Application Preparation and Support 10 20 25 15 70 13,991$ 17,420$ 1.05 18,291$ -$ 32,282$
Task 5 Subtotal 0 14 28 25 15 0 0 82 17,089$ -$ -$ -$ -$ 17,420$ -$ -$ 18,291$ -$ 35,380$
Task 6 - Bidding Support
Task 6.1 - Bidder Inquiries and Addenda 3 6 8 17 3,554$ 3,380$ 3,169$ 1.05 6,876$ -$ 10,430$
Task 6.2 - Pre-Bid Conference 4 4 8 2,164$ 1.05 -$ -$ 2,164$
Task 6 Subtotal 0 7 10 8 0 0 0 25 5,717$ 3,380$ 3,169$ -$ -$ -$ -$ -$ 6,876$ -$ 12,594$
Task 7 - Construction Support
Task 7.1 - Construction Support 0 -$ 1.05 -$ -$ -$
7.1.1 Submittals 18 30 50 98 20,075$ 4,495$ 9,336$ 1.05 14,523$ -$ 34,597$
7.1.2 Requests for Information 4 7 15 26 5,171$ 6,995$ 2,631$ 1,148$ 1.05 11,313$ -$ 16,484$
7.1.3 Change Management 4 4 6 14 3,087$ 1,984$ 1.05 2,083$ -$ 5,170$
Task 7.2 - Site Visits and Construction Meetings 32 32 64 17,311$ 3,620$ 4,526$ 1.05 8,553$ 204$ 26,068$
Task 7.3 - Record Drawings 4 4 15 40 63 10,878$ 2,910$ 7,167$ 1.05 10,581$ -$ 21,459$
Task 7 Subtotal 0 62 77 86 40 0 0 265 56,522$ 18,020$ 21,118$ 4,526$ -$ -$ 1,148$ -$ 47,053$ 204$ 103,778$
Task 8 - Management Reserve 20,000$ 20,000$
Task 8 Subtotal 0 0 0 0 0 0 0 0 -$ -$ -$ -$ -$ -$ -$ -$ -$ 20,000$ 20,000$
TOTAL - ALL TASKS 33 403 535 740 543 10 52 2316 470,838$ 69,900$ 112,941$ 12,526$ 10,210$ 17,420$ 5,170$ 17,900$ 258,370$ 20,407$ 749,615$
Staff Name
Subconsultants
City of Bremerton
February 6, 2025
A:\_V-W\Opportunities\WA\Bremerton\W233612WA - Eastside Manganese and PS 16\Phase 2 Scoping\2025-02-06 Bremerton Eastside Mn and PS 16 Phase 2 - Fee Estimate
Consor
Final Design Contract for Manganese Treatment Facilities (Eastside) and PS 16
Page 1
Attachment 2
PROJECT LOCATION MAP - MANGANESE TREATMENT PLANT AND PS 16
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: March 12, 2025
Overview of 2024 Comprehensive Plan
City Services Element
COUNCIL MEETING Date: March 19, 2025
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 City Services Element of the City's Comprehensive Plan. City
Services provided by the City of Bremerton include drinking water, stormwater, wastewater,
police, fire, parks, and others. Policies within the City Services Element are meant to support
delivering exemplary municipal services to our community when and where they are needed. A
presentation providing a full overview of the City Services Element will be provided at the meeting.
The attached Memo contains resources documenting review of this Element that has occurred thus
far.
ATTACHMENTS:
Staff Memo
Power Point Presentation
FISCAL IMPACTS: No impact.
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
6A
Public comment only
To: City Council
From: Garrett Jackson
Date: March 19, 2025
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 City Services Element of the City's Comprehensive Plan. This Memo contains
resources documenting review of the City Services Element that has occurred thus far. A presentation
providing a full overview 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. The Vision, Goals,
and Policies of the City Services section are found in the June 6, 2024 Draft Comprehensive Plan (pg. 87
93).
CITY SERVICES ELEMENT, REVIEW RESOURCES
City Services provided by the City of Bremerton include drinking water, stormwater, wastewater, police, fire,
parks, and others. Policies within the City Services Element are meant to support delivering exemplary
municipal services to our community when and where they are needed. The links below will provide
information packets from individual workshops where the City Services Element was discussed; videos of
these meetings can be found at Bremerton2044.com.
May 15, 2023 Planning Commission Workshop, and video link
February 24, 2025 Planning Commission Workshop (includes City Services Appendix), and video link
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
November 6, 2024 –Economic Development
November 20, 2024 –Environmental Element
February 19, 2025 –Transportation Element
City Services Element
9
Vision
City Services Element
The City of Bremerton strives
to deliver exemplary
municipal services to our
community when and where
it is needed.
10
11
City Services
Drinking Water
Wastewater
Stormwater
Police Department
Fire Department
Parks Department
Transportation
Schools
Puget Sound Energy
Cascade Natural Gas
Telecommunications
12
Service Areas Vary
Drinking Water
Wastewater
Stormwater
Police Department
Fire Department
Parks Department
Transportation
Schools
Puget Sound Energy
Cascade Natural Gas
Telecommunications
13Level of Service (LOS)Capital Facility/Service 2024-2044 Level of Service
Fire and Emergency Services 6.0 minute response time
Law Enforcement Services 1.8 police personnel per 1,000 population.250 square feet office space per officer
Parks 2020 Parks,Recreation and Open Space (PROS)Plan
Adopted the 10-Minute Walk Campaign of National Recreation and Park Association (NRPA)
Streets/Transportation Transportation Element (TE)
•Minimum LOS E for City roadways
•Minimum LOS D for WSDOT designated Highways of Statewide Significance (SR 3,SR 304/Burwell
St,and SR 310/Kitsap Way).WSDOT designates SR 303/Warren Ave as a non-HSS route with a
minimum LOS E/Mitigated standard,meaning that congestion should be mitigated when peak
hour LOS falls below LOS E
•Multimodal Level of Service (MMLOS)defined Transportation Element (TE)Attachment F
Sewer/Wastewater Manage the City-owned municipal sewer system in compliance with the requirements of the
City’s National Pollutant Discharge Elimination System (NPDES)permit which establishes the
requirements for collection and treatment of the City’s wastewater discharge
Stormwater Management Manage the City-owned municipal separate storm sewer system in compliance with the
requirements of the Western Washington Phase II Municipal Stormwater Permit and ensure land
development is in compliance with the City’s Stormwater Management code
Water 150 gallons per equivalent residential unit for average daily demand,and
300 gallons per equivalent residential unit for peak daily demand
Public Buildings Amount necessary to maintain current space without adding capacity;future planning 1,600
square feet per 1,000 population
Capital Facilities Plan
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Growth Management Act (GMA) RCW 36.70a.070(3)
requires:
•Inventory existing capital facilities
•Forecast future capital facilities
•Proposed locations/capacities new capital facilities
•Six year Capital Facilities Plan with projected
funding and source of funding
More Ways to Participate
15
Wastewater Comprehensive Plan
16
Public Comment
February 27 -March 29
For Questions Contact
Bill Davis, P.E.
Project Manager
william.davis@ci.bremerton.wa.us
Parks & Recreation
17
Public Survey
Through April 30
For Questions Contact
Tim Barker
Director of Parks and Recreation
Tim.Barker@ci.bremerton.wa.us
Questions?
Garrett Jackson (360) 473-5289 garrett.jackson@ci.Bremerton.wa.us
18
Published for
March 19
Council Meeting
Item 3 – Mayor’s Report
MAYOR’S REPORT
March 19, 2025
2025 City Reforestation
Project
•Last week, Forestry completed
planting 30,000 Seedlings
•This is a typical annual program -
for 2025 the plantings included a
mix of Douglas fir and Western
red cedar
•Planting sites are recently
harvested areas that help restore
forest health by creating habitat
as well as replacing dead and
dying trees
•Sites are monitored by Forestry
Staff for survival and invasive
weed management
Quincy Square Update
•Quincy Square construction is underway and we anticipate substantial completion by
early July
•The contractor began working on the reconstruction of the east side of 4th and Pacific
which requires closure of intersection’s crosswalks
•The detour directs pedestrians to use the crosswalks at 5th Street or Burwell Street
•4th Street is still accessible to pedestrians and businesses are open!
•The closure will be in place for 3-4 weeks and ensures intersection and crosswalks will
be completed and reopened before major events starting in early May
Quincy Square Update
Pre-approved ADU Plans
Pre-approved ADU Plans
Pre-approved ADU Plans
Pre-approved ADU Plans
Published for
March 19
Council Meeting
Item 7 – Council Reports
COUNCIL DISTRICT 6
Anna Mockler
COUNCIL DISTRICT 1
Jennifer Chamberlin