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Home My WebLink About04/02/2025 CITY COUNCIL AGENDA PACKET______________________________________________________________ CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 - Phone (360) 473-5280 * * * FINAL * * * WEDNESDAY, APRIL 2, 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 & Check Register B. Minutes of Council Meeting – March 19, 2025 C. Minutes of Study Session – March 26, 2025 D. Confirm Reappointment of Kirsten Dahlquist to the Design Review Board E. Confirm Reappointment of Erin Hatch to the Design Review Board F. Authorization to Pre-Purchase Materials for the Central Bremerton Force Main Replacement Project G. Interlocal Contract with Houston-Galveston Area Council (HGAC) Buy for Cooperative Purchasing H. Approval of Collective Bargaining Agreement between the City of Bremerton and Teamsters Local 589; Approval of the Management & Professional Employees Salary Schedule; and related Budget Amendment I. Approval of the Director of Public Works & Utilities Job Description Heard under General Business Continued on next page… 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. 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. Approval of the Director of Public Works & Utilities Job Description B. Ordinance No. 5510 to amend BMC Chapter 5.06 entitled “Rental Property Registration” C. Services Agreement with Novoa Global, Inc. for Automated Traffic Safety Programs D. Contract Modification Agreement No. 2 with HDR Engineering, Inc. for the 6th Street Active Transportation Project 7. COUNCIL MEMBER REPORTS 8. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: N/A Claims & Check Register COUNCIL MEETING Date: April 2, 2025 Department: Legal Services Presenter: Lindsey Victor Phone: (360) 473-2344 SUMMARY: Approval of the following checks and electronic fund transfers: 1. Check Numbers 410442 – 410669 and EFT Numbers V43161 – V43297 in the grand total amount of $3,248,216.33 2. Regular Payroll for pay period ending March 15, 2025, in the amount of $1,092,925.46 3. Regular Payroll Correction for pay period ending March 15, 2025, in the amount of $588.34 4. Retiree Payroll for pay period ending March 31, 2025, in the amount of $36,250.83 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 19, 2025 Study Session Date: N/A COUNCIL MEETING Date: 4/2/25 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes for the Council Meeting held on March 19, 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 19, 2025 Council Meeting Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 04/19/2024 4B DIGITAL RECORDING CITY COUNCIL HYBRID MEETING MINUTES Wednesday, March 19, 2025 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, March 19, 2025, at 5:00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, with Council Vice President Jane Rebelowski presiding. Council Members present were Anna Mockler, Michael Goodnow, Jeff Coughlin, Denise Frey (remotely), and Jennifer Chamberlin. Council President Eric Younger and Council Member Jeff Coughlin were absent. 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. Vice President Rebelowski 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. MAYOR’S REPORT – Mayor Wheeler provided highlights of the following:  Presented a Key to the City to Coach Miah Davis in recognition for Bremerton High School Basketball Team’s State Title Achievement.  Presented a Key to the City to Head Cheer Coach Jenn Owens in recognition for Bremerton High School Cheerleaders’ State Title Achievement.  Arts Commission Chair Lynn Horton, Arts Commission Liaison Andrea Williams, and West Sound Arts Council Board President Cynthia Davis presented artwork to the City of Bremerton  City Reforestation Project Update  Quincy Square Update  Pre-approved ADU Plans  Introduced Diversity and Community Engagement Manger Dr. Jeneise Briggs CONSENT AGENDA 4A – Check Numbers 410286 through 410441 and Electronic Fund Transfer Numbers V43042 through V43160 in the grand total amount of $3,382,731.88; Regular Payroll for pay period ending February 28, 2025 in the amount of $1,082,633.35; and Regular Payroll Correction to pay period ending February 28, 2025 in the amount of $948.10 4B – Minutes of Council Meeting – March 5, 2025 4C – Minutes of Study Session – March 12, 2025 4D – Confirm Reappointment of Vanessa Acierto to the BKAT Citizen’s Advisory Committee 4E – Approve Purchase of Cues Sewer/Storm Camera Van 4F – Subgrant Agreement through the Association of WA Cities (AWC) Energy Audit Grant Program for Clean Building Performance Standards Energy Audits 4G – Professional Services Agreement with Consor North America, Inc. for Manganese Treatment Facilities (Eastside) Final Design There were no questions or comments from the public… 5:56 PM M/S/C/U (Goodnow/Chamberlin) Move to approve the CONSENT AGENDA as presented. Motion carried unanimously. Vice President Rebelowski announced that as indicated on the Agenda, Public Recognition City Council Reg. Mtg. Minutes Wednesday, March 19, 2025 Page 2 of 3 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 or comments from the public were submitted by Joslyn LaMadrid; Travis Merrigan; Jose Camacho; Caroline Stein GENERAL BUSINESS 6A – OVERVIEW OF 2024 COMPREHENSIVE PLAN CITY SERVICES ELEMENT: Planning Manager Garrett Jackson stated that 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. Vice President Rebelowski announced that the Council will now be accepting public comment on this item and that no action will be taken. Questions or comments from the public were submitted by Jose Camacho; with responses from Mr. Jackson. COUNCIL MEMBER REPORTS Anna Mockler encouraged people to attend or be a volunteer judge for the WA State Science and Engineering Fair; announced the next District 6 Town Hall Meeting on Monday, April 14 from 5:00 to 6:30 PM at the Bremerton Public Works Facility located at 100 Oyster Bay Avenue North and there was no theme planned; and looked forward to when the Haddon Park Renovation project is completed and the neighborhood will be able to gather again. Denise Frey congratulated Vice President Rebelwoski for chairing tonight’s meeting; was happy about Bremerton High School’s state titles; enjoyed attending the St. Patrick’s Day Parade; and looked forward to rejoining Council in person next week. Jennifer Chamberlin also thanked Vice President Rebelowski; reported on the Warren Avenue Bridge Clean Up which will continue on 2nd Saturdays until October; enjoyed the Stephenson Canyon Walking Group with the next event on Earth Day April 22 at 3:00 PM; hoped that a Stewardship Group will form for Stephenson Canyon; really enjoyed the St. Patrick’s Day Parade, along with Jane Rebelowski, Denise Frey and Jeff Coughlin; recognized comments regarding homelessness, especially a surge near the Bremerton-Kitsap County boundary; and looked forward to shelter project being completed. Mayor Wheeler followed up with an update, that a shelter has been moved to Mile Hill in Port Orchard that helped care for families and funding support will need to be addressed. Jane Rebelowski was excited for all of the youth events and sports at Bremerton High School; and encouraged people to attend the Bridging the Gap Breakfast hosted by Bremerton Foodline on April 22. City Council Reg. Mtg. Minutes Wednesday, March 19, 2025 Page 3 of 3 Vice President Rebelowski announced the next Study Session on Wednesday, March 26 beginning at 5:00 PM in the Council Conference Room. The public is welcome to attend the meeting in-person or remotely via Zoom, but there will be no opportunity to comment and no action will be taken. With no further business, Vice President Rebelowski adjourned the Council Meeting at 6:45 PM. Prepared & Submitted by: ______________________________ CHRISTINE GRENIER Legislative Assistant APPROVED by the City Council on the 2nd day of April, 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 26, 2025 Study Session Date: N/A COUNCIL MEETING Date: 4/2/25 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes for the Study Session held on March 26, 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 26, 2025 Study Session Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 04/19/2024 4C CITY COUNCIL STUDY SESSION MINUTES Wednesday, March 26, 2025 A Study Session of the City Council of the City of Bremerton was called to order on Wednesday, March 26, 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, and Michael Goodnow. Council Member Anna Mockler was absent. 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, and that any of the items approved for action by the Council tonight will be placed on the April 2, 2025 Council Meeting Agenda (or as otherwise determined); and that Item A9 will be heard before Item A1 and Item A3 will be heard after Item A8. 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@bremertonwa.gov. 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 Kirsten Dahlquist to the Design Review Board Consent Agenda 2. Confirm Reappointment of Erin Hatch to the Design Review Board Consent Agenda Heard after Item A8 … 3. Contract Modification Agreement No. 2 with HDR Engineering, Inc. for the 6th Street Active Transportation Project General Business 4. Authorization to Pre-Purchase Materials for the Central Bremerton Force Main Project Consent Agenda 5. Interlocal Contract with Houston – Galveston Area Council (HGAC) Buy for Cooperative Purchasing Consent Agenda 6. Services Agreement with Novoa Global, Inc. for Automated Traffic Safety Program General Business President Younger called a break from 6:37 to 6:47 PM… 7. Approval of Collective Bargaining Agreement between the City of Bremerton and Teamsters Local 589; Approval of Management & Professional Employees Salary Schedule; and related Budget Amendment Consent Agenda 8. Review and Approval of Director of Public Works & Utilities Job Description Consent Agenda Heard before Item A1… 9. Ordinance to amend BMC Chapter 5.06 entitled “Rental Property Registration General Business B. GENERAL COUNCIL BUSINESS 1. Public Works Committee Briefing (Last Meeting 3/24/25) – Chair Jane Rebelowski 2. Parks, Finance, Investment, & Parking Committee Briefing (Last Meeting 3/25/25) – Chair Jeff Coughlin 3. Regional and Other Committee/Board Briefings 4. Other General Council Business was also discussed. City Council Study Session Minutes Wednesday, March 26, 2025 Page 2 of 2 President Younger announced the next Council Meeting will be on April 2, 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 8:52 PM. Prepared & Submitted by: ______________________________ CHRISTINE GRENIER Legislative Assistant APPROVED by the City Council on the 2nd day of April, 2025. ERIC YOUNGER, Council President ATTEST: ______________________________ ANGELA HOOVER, City Clerk EY:AH:CG AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Confirm Reappointment of Kirsten Dahlquist to the Design Review Board Study Session Date: March 26, 2025 COUNCIL MEETING Date: April 2, 2025 Department: Executive Presenter: Mayor Wheeler Phone: (360) 473-5266 SUMMARY: The Mayor is seeking confirmation for the reappointment of Kirsten Dahlquist, a local architect, to the Design Review Board, Position 4. Ms. Dahlquist has served on the Board since May 2019. The new term begins January 1, 2025, and expires December 31, 2028. 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 reappointment of Kirsten Dahlquist to the Design Review Board for the term expiring December 31, 2028. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 04/19/2024 4D 1 Jon Hickling From:noreply@civicplus.com Sent:Monday, March 17, 2025 5:10 PM To:WebMaster; Greg Wheeler; Jennifer Hayes; Andrea Spencer Subject:Online Form Submittal: Application for City Boards / Commissions / Committee CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Application for City Boards / Commissions / Committee Date 3/17/2025 First Name Kirsten Middle Name Field not completed. Last Name Dahlquist Home Phone Address1 Address2 Field not completed. City Bremerton State WA Zip 98310 Occupation Architect Employer Rice Fergus Miller Work Address1 275 5th Street Work Address2 Suite 100 City Bremerton State WA Zip 98337 Work Phone Fax Field not completed. 3 What are your community interests (committee, organizations, special activities)? Member Kitsap County Council for Human Rights, Board Member American Institute of Architecture Seattle Please list any accommodations you need to perform volunteer duties: None. 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 Email not displaying correctly? View it in your browser. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Confirm Reappointment of Erin Hatch to the Design Review Board Study Session Date: March 26, 2025 COUNCIL MEETING Date: April 2, 2025 Department: Executive Presenter: Mayor Wheeler Phone: (360) 473-5266 SUMMARY: The Mayor is seeking confirmation for the reappointment of Erin Hatch, a marketing director, to the Design Review Board, Position 5. Ms. Hatch has served on the Board since February 2021. The new term begins January 1, 2025, and expires December 31, 2028. 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 reappointment of Erin Hatch to Design Review Board, Position 5 for the term expiring December 31, 2028. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 04/19/2024 4E 2 Email Education Bachelor of Interior Architecture, Minors in Historic Preservation & Art History, University of Oregon Local References Marit Bockelie, Executive Director, Wayzgoose Kitsap, I am interested in serving: Design Review Board Is this an application for reappointment? Yes If yes, how many years have you served on this commission or committee? 4 years How long have you lived in Bremerton 8 years Why are you applying for this appointment? To help ensure the architectural integrity of Bremerton's downtown. Which of your personal and / or professional interests prompted you to apply for this appointment? My academic background and current profession is related to architecture, design, and the health of urban environments. Have you ever served on any other Bremerton board, commission, committee or task force? If yes, please list. no Please list your qualifications for this appointment (include skills, activities, training, education): My primary interest in this position is ensuring that Bremerton continues to be a thriving place to live, work, and do business. I believe that new development plays a large role in establishing not only what our city will become in the near future, but in our long-term trajectory as well. As my first four-year term on the Bremerton Design Review Board closes, I am eager to apply for reappointment. Serving on the board has deepened my appreciation for the collaborative process that shapes our city. I’ve had the privilege of contributing to thoughtful discussions, reviewing projects with care, and working alongside fellow board members, city 3 staff, and community stakeholders to ensure that Bremerton’s growth aligns with our shared vision. I still remember my first exposure to a Design Review Board meeting. I was a new employee at an architecture firm, and a friend from college was presenting one of his designs to the Downtown Seattle DRB. He invited me to observe the process, and I recall the insightful comments from the board members about various aspects of the project. While I didn't agree with all of them, I felt inspired by the democratic nature of the discussion. It opened my eyes to the significant impact that DRBs and public input have on shaping our cities. Since that experience, I’ve been part of many teams assembling review packages and presentations for Design Review Board meetings. I have coached architects preparing to present to DRBs and gained knowledge about the guidelines that architects must navigate, or occasionally request exceptions from, to bring their designs to life. As a citizen of Bremerton for the past eight years with a background in architectural design, historic preservation, and marketing, I care deeply about both preserving our region's rich history and encouraging responsible new development. If reappointed, I will continue to approach each project with an open mind and a spirit of diplomacy. While it’s impossible to be entirely without bias, my diverse skills and experiences provide me with a well-rounded perspective that contributes to the collective decision-making of the Bremerton Design Review Board. What are your community interests (committee, organizations, special activities)? I have both personal and professional reasons for applying for this position. First, as a marketer in the A/E/C industry I am always seeking to learn more about the development process. I am also a strong believer in democratic processes and their oversight of private business interests. I believe that the Design Review process exists to ensure that our region's cities are equitable, beautiful, and functional for all people, and that they can help balance the needs of the public and the city with the interests of private developers. Additionally, as a citizen of Bremerton, I am excited by the potential of this great city. I have been impressed with the pro- development, pro-growth attitude of the region, but I think that the City of Bremerton has a responsibility to ensure that sustainability, equity, and affordability are priorities for new 4 large-scale development, particularly in our downtown core. I would be honored to help represent the interests of both a private citizen and a professional working in the A/E/C industry. Please list any accommodations you need to perform volunteer duties: none 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 Email not displaying correctly? View it in your browser. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: March 26, 2025 Authorization to Pre-Purchase Materials for the Central Bremerton Force Main Replacement Project COUNCIL MEETING Date: April 2, 2025 Department: Public Works & Utilities Presenter: David Powell Phone: (360) 473-5268 SUMMARY: The City will be advertising for construction of the Central Bremerton Force Main Replacement Project in late March 2025. Staff has learned that pipe valves and fittings may require up to 18 weeks for delivery from the order date. Staff is requesting authorization to pre-order the valves and fittings so they can be delivered and installed by the contractor starting in July/August 2025, which is critical for ensuring the project is completed by the grant construction completion deadline of February 28, 2026. The estimated cost of the valves and fittings is between $200,000 and $300,000. ATTACHMENTS: 1. Request for Quotes 2. Location Map FISCAL IMPACTS (Include Budgeted Amount): The Central Bremerton Force Main Replacement Project is identified in the 2025-2030 Capital Improvement Program for $8M. The City has been awarded a grant for $7.145M. The cost of pre-purchased fittings is reimbursable under the grant. STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to authorize the mayor to approve the Pre-purchase Materials for the Central Bremerton Force Main Replacement Project in an amount not to exceed $300,000. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 4F Request for Bids – CBFM Replacement Material Pre-Purchase Page 1 of 29 April 2025 City of Bremerton PUBLIC WORKS DEPARTMENT REQUEST FOR BIDS CENTRAL BREMERTON FORCE MAIN REPLACEMENT MATERIAL PRE-PURCHASE BID Submission Deadline: APRIL 11th, 2025, at 2 PM PST Request for Bids – CBFM Replacement Material Pre-Purchase Page 2 of 29 April 2025 REQUEST FOR BIDS CENTRAL BREMERTON FORCE MAIN REPLACEMENT MATERIAL PRE-PURCHASE BID SUBMITTAL DEADLINE: 2:00 PM on April 11, 2025 The City of Bremerton Public Works Department is inviting BIDS from interested and qualified vendors and firms to supply/provide waterworks valves, fittings, and appurtenances for the Central Bremerton Force Main Replacement Project. The purpose of this Request for BIDS is to purchase 14-inch and 18-inch Ductile Iron fittings, valves, thrust restraining components and appurtenances for constructing approximately 3,100 LF of new 14-inch and 18-inch C905 PVC SDR 25 pipe for the Central Bremerton Force Main Replacement Project. This project is being funded by a $7.14M federal grant. This project is being managed by the City of Bremerton Public Works Department. Supplier must deliver materials to F.O.B. 1600 Oyster Bay Avenue South, Bremerton, WA on or before August 8, 2025, with the exception of the 18-inch gate valve. The 18-inch gate valve must arrive prior to October 1, 2025. Time is of the essence for delivery of these materials to avoid loss of grant funding. The requirements and technical specifications for the materials are provided in Exhibit A to this solicitation. The City’s standard Goods and Services Agreement and Performance Bond that the bidder must execute with the City is included as Exhibit B. By submitting a response, a respondent represents they have carefully read the terms and conditions of this solicitation and all Exhibits and addenda and agrees to be bound by them. BID SUBMISSION REQUIREMENTS: NOTICE IS HEREBY GIVEN that BIDS will be accepted by email only. Fill out the forms titled BID FORMS. Email the forms and technical data sheets for all products to be used to the following email address: Alex.Daugherty@ci.bremerton.wa.us. Emails must be date-stamped no later than 2:00 p.m. on April 11, 2025. BASIS OF AWARD: Award will be made to the lowest responsive, responsible bidding party. The City of Bremerton reserves the right to reject any or all BIDS, and to waive any irregularities. The last date/time to submit questions is 2:00 PM, on April 9, 2025. COMMUNICATION CONTACT: David Powell Telephone: (360) 473-5268 E-mail: _david.powell@ci.bremerton.wa.us Request for Bids – CBFM Replacement Material Pre-Purchase Page 3 of 29 April 2025 INSTRUCTIONS TO INTERESTED PARTIES: 1. ANNOUNCEMENT AND SPECIAL INFORMATION: Respondents are required to read, understand, and accept all information contained within this entire bid package, including the technical specification Exhibits. Each respondent shall submit this entire Request for BID (RFB) executed by an authorized representative who will be the principal point of contact for the duration of this procurement process. Respondent shall complete the Respondent’s Authorized Offer and Contract Signature Page accordingly. If awarded, the City will notify the successful respondent and issue a purchase order. 2. AUTHORIZED COMMUNICATION: Upon release of this solicitation, all respondent communications concerning this solicitation must be directed to David Powell, contact information as listed. Unauthorized contact regarding this solicitation with other City employees involved with this solicitation may result in disqualification. All oral communications will be considered unofficial and non-binding. All questions concerning this solicitation must be in writing via electronic mail to david.powell@ci.bremerton.wa.us using “BID-Question CBFM Materials and Fittings” as the subject line. The Deadline to submit questions is April 9, 2025 at 2:00pm. 3. RESPONDENT INFORMATION: Respondent further offers to furnish materials, equipment or services in compliance with all terms, conditions, and specifications herein, including all amendments. Bremerton Municipal Code 2.76.040(e) “Local Preference Purchase for Goods:” When reviewing BIDS for purchase, all things being equal when considering factors such as product quality, delivery, warranty or service provided, there is a preference to purchase from a local supplier. A local supplier is a supplier having an office or facility located within the City of Bremerton and licensed to do and doing business within the City of Bremerton. Submitting this document constitutes complete understanding and compliance with the terms and conditions and certifies that all necessary facilities and personnel are available and established at the time of BID submittal. 4. TECHNICAL REQUIREMENTS Exhibit A contains the technical requirements and specification for the materials and fittings. BIDS that do not meet specifications will be evaluated and may be considered non-responsive. 5. PRICING INFORMATION: * Prices shall remain valid for a period of no less than forty-five (45) days. The City does not represent or guarantee any minimum purchases and does not guarantee any purchases will be made. The City will have the option to negotiate with the awarded respondent to add any upgrades or non-standard options to orders. Request for Bids – CBFM Replacement Material Pre-Purchase Page 4 of 29 April 2025 6. MATERIAL DELIVERY LOCATION AND RECEIPT OF DELIVERY: Materials shall be delivered to the following location: City of Bremerton 1600 Oyster Bay Avenue South Bremerton, WA 98337 Advanced coordination of planned delivery is required. Contact David Powell at (360) 473-5268. All items shall be shrink-wrapped and on pallets. At the time of delivery, the City will inspect each item to ensure no damage has occurred. The delivery person shall provide a receipt of delivery to City staff and the City will provide a receipt acknowledging receipt of the item after the item has been inspected and accepted. 7. MATERIAL DELIVERY DATE: These materials must be delivered on or before August 8, 2025, with the exception of the 18-inch gate valve. The 18-inch gate valve must arrive prior to October 1, 2025. 8. BUY AMERICAN REQUIREMENT: This project is funded by a Federal Grant. Buy American Requirements apply. See Item 10.8 for further information. 9. SPECIAL TERMS AND CONDITIONS 9.1 Removed 9.2 MATERIALS AND WORKMANSHIP The Respondent shall be required to furnish all materials, and/or services necessary to perform contractual requirements. Materials and workmanship shall conform to all codes, regulations and requirements t, specifications contained herein, and the normal uses for which intended. Materials shall be manufactured in accordance with the best commercial practices and standards. 9.3 SHIPPING TERMS All respondents are required to BID FOB destination. Failure to do so may be sufficient reason to find BID non-responsive. 9.4 STANDARD PRODUCTION MODEL Unit(s) shall be new (unused) current standard production model(s) and shall be completely prepared for customer delivery through service by a factory-franchised dealer or directly from the manufacturer prior to delivery. Each unit shall include all inspection coupons, or warranty identification cards furnished in accordance with standard warranty policy. All accessories as listed herein shall be identical to those regularly supplied to the dealer and shall be of the identical quality and design as those normally installed on units for sale through normal commercial channels. Materials supplied shall have all the latest changes and features offered as standard whether called for in these specifications or not. Request for Bids – CBFM Replacement Material Pre-Purchase Page 5 of 29 April 2025 10. GENERAL TERMS AND CONDITIONS 10.1 It is the responsibility of all offerors to examine the entire Invitation for BID package and seek clarification of any requirement that may not be clear and to check all responses for accuracy before submitting a proposal. Negligence in preparing a proposal confers no right of withdrawal after due date and time. 10.2 The City is not responsible for any equipment or software failure that may cause delay or non-delivery of a submittal. 10.3 It should be noted that all the material, exhibits, and data presented in this RFB, and supplemental information is general in nature and shall not be deemed as representations or inducements to which the City is bound. Respondents are advised to conduct independent evaluations of all factual, financial, and legal matters upon which their BID is based. The City shall not be liable for Respondent’s reliance on any information contained in this RFB. 10.4 The City reserves the right to reject any and all BIDS, to waive minor irregularities in any BID and to change the selection process or timeline. The City reserves the right to clarification of information submitted, and to additional information from any proposer. 10.5 The contract resulting from acceptance of a BID by the City shall be in a form supplied by the City and shall reflect the specifications in this RFB. The City reserves the right to reject any proposed agreement that does not conform to the specifications contained in this RFB, and which is not approved by the City Attorney’s Office. 10.6 The City shall not be responsible for any costs incurred by an interested p arty in preparing, submitting or presenting its response to the RFB. All submitted documents are public and subject to disclosure pursuant to Chapter 42.56 Revised Code of Washington, known as the Public Records Act. 10.7 Respondents shall execute an agreement with the City of Bremerton and provide proof of insurance along with their BID response. Respondents shall ensure that they can meet the City of Bremerton minimum insurance requirements as outlined in the attached Goods and Services agreement before beginning of work. 10.8 This project is funded by a Federal Grant. Buy American Requirements apply. Major quantities of steel and iron construction materials that are permanently incorporated into the project shall consist of American-made materials only. BABA requirements do not apply to temporary steel or iron items, e.g., temporary sheet piling, temporary bridges, steel scaffolding and falsework. Minor amounts of foreign steel and iron may be utilized in this project provided the cost of the Foreign material used does not exceed one-tenth of one percent of the total contract cost or $2,500.00, whichever is greater. American-made material is defined as material having all manufacturing processes occurring domestically. If domestically produced steel billets or iron ingots are exported outside of the area of coverage, as defined above, for any manufacturing process then the resulting product does Request for Bids – CBFM Replacement Material Pre-Purchase Page 6 of 29 April 2025 not conform to the BABA requirements. Additionally, products manufactured domestically from foreign source steel billets or iron ingots do not conform to the BABA requirements because the initial melting and mixing of alloys to create the material occurred in a foreign country. Manufacturing begins with the initial melting and mixing and continues through the coating stage. Any process which modifies the chemical content, the physical size or shape, or the final finish is considered a manufacturing process. The processes include rolling, extruding, machining, bending, grinding, drilling, welding, and coating. The action of applying a coating to steel or iron is deemed a manufacturing process. Coating includes epoxy coating, galvanizing, aluminizing, painting, and any other coating that protects or enhances the value of steel or iron. Any process from the original reduction from ore to the finished product constitutes a manufacturing process for iron. Due to a nationwide waiver, BABA requirements do not apply to raw materials (iron ore and alloys), scrap (recycled steel or iron), and pig iron ore processed, pelletized, and reduced iron ore. The following are considered to be steel manufacturing processes: 1. Production of steel by any of the following processes: a. Open hearth furnace. b. Basic oxygen. c. Electric furnace. d. Direct reduction. 2. Rolling, heat treating, and any other similar processing. 3. Fabrication of the products: a. Spinning wire into cable or strand. b. Corrugating and rolling into culverts. c. Shop fabrication. A certification of materials origin will be required for all items comprised of, or containing, steel or iron construction materials prior to such items being incorporated into the permanent work. The Contractor will not receive payment until the certification is received by the Engineer. The certification shall be on WSDOT Form 350-109 provided by the Engineer, or such other form the Contractor chooses, provided it contains the same information as WSDOT Form 350-109 11. EQUAL EMPLOYMENT OPPORTUNITY STATEMENT: In the hiring of employees for the performance of work under this Contract, the Contractor, its subcontractors, or any person acting on behalf of the Contractor shall not discriminate in any employment practice on the basis of age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status, military status, or the presence of any physical, mental, or sensory disability. 12. 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 Request for Bids – CBFM Replacement Material Pre-Purchase Page 7 of 29 April 2025 City of Bremerton. Reasonable accommodation for employees or applicants for employment will be provided. 13. The City of Bremerton in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 USC 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation issued pursuant to such Act, hereby notifies all respondents that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26 will be afforded full opportunity to submit BIDS in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, or sex in consideration for an award. Request for Bids – CBFM Replacement Material Pre-Purchase Page 8 of 29 April 2025 BID FORMS The following forms with the heading BID FORM in the title must be submitted. Failure to submit these forms may be grounds for rejecting the bid. BID FORM – BID AND ACKNOWLEDGEMENT OF ADDENDA 1. The undersigned Respondent proposes and agrees, if this BID is accepted, to execute the Goods and Services Agreement with the City of Bremerton to deliver the items as specified or indicated in said BID Documents entitled “Request for BIDS Central Bremerton Force Main Replacement Material Pre-Purchase. 2. Respondent accepts all of the terms and conditions of the BID Documents. 3. Respondent has examined copies of all the BID Documents including the following addenda (receipt of all of which is hereby acknowledged). Failure to acknowledge addenda shall render the BID non-responsive and shall be cause for its rejection. Addenda Number: _________________ Date: __________________________ _________________ __________________________ _________________ __________________________ 4. Respondent has familiarized itself with the nature and extent of the BID Documents, Specifications, locality where the items are to be delivered, the legal requirements (federal, state and local laws, ordinances, rules, and regulations), and the conditions affecting cost, progress or delivery of requested items and has made such independent investigations as Respondent deems necessary. To all the foregoing, and including all BID Forms contained in this BID, said Respondent further agrees to provide the materials required under the BID Documents within the Contract Time stipulated in said BID Documents, and to accept in full payment therefore the Contract Price based on the Total BID Price. The authorized signatory below acknowledges having read and understood the entire solicitation and agrees to comply with the terms and conditions of the solicitation in submitting and fulfilling the offer made in its BID and any subsequently awarded Contract/Purchase Order. The signatory below represents that they have the authority to bind the entity named below to the Response submitted and any Contract/Purchase Order awarded as a result of this solicitation. Dated: ______________ Company Name: _________________________________ __ By: _____________________________________________ Title: ________________________________________________ (Signature) Request for Bids – CBFM Replacement Material Pre-Purchase Page 9 of 29 April 2025 BID FORM – REQUIRED INFORMATION The Respondent shall furnish the following information. Additional sheets shall be attached as required. Failure to complete these items will cause the BID to be non-responsive and will cause its rejection. In any event, no award will be made until all of the Respondent’s General Information is delivered to the CITY. Name of Company: ______________________________________________________________ UBI #: _______________________________________________________ Federal Tax ID #:____________________________________________________________________ Company Address:_________________________________________________________________ Name of Primary Contact: ________________________________ Phone number:___________________________________________ Fax number: ______________________________________________ E-mail address: ____________________________________________ Years in business under current name (or list the year incorporated): ________________________________ Request for Bids – CBFM Replacement Material Pre-Purchase Page 10 of 29 April 2025 BID SCHEDULE {BID FORM} ITEM DESCRIPTION CONNECTIONS # OF UNITS (Each) UNIT PRICE ($), dollars and cents TOTAL PRICE ($), dollars and cents Product delivery no later than August 8, 2025? (YES/ NO) Product as-specified? (YES / NO). If not as- specified, attach extra pages with explanation 1 14" Gate Valve FL 1 2 18" WYE MJ x MJ x FL 1 3 18"x14" Eccentric Reducer MJ 1 4 18" Gate Valve FL 1 N/A 5 18" 11.25° Bend MJ 7 6 18" 45° Bend MJ 7 7 18"x 18” x 6" Tee (FL) MJ x MJ x FL 4 8 14" 45° Bend MJ 2 9 14" Solid Sleeve MJ 1 10 18" Solid Sleeve MJ 1 11 14"x12" Tapping Sleeve FL 1 12 12" Gate Valve FL 1 13 18" Mechanical Joint Restraint MJ to PVC Pipe 34 14 14" Mechanical Joint Restraint MJ to PVC Pipe 2 15 12" Mechanical Joint Restraint MJ to PVC Pipe 1 16 6" Restrained Flange Coupling Adapters FL x Sch 80 4 Request for Bids – CBFM Replacement Material Pre-Purchase Page 11 of 29 April 2025 17 18” PVC Pipe Joint Coupling/Harness N/A 25 18 14” PVC Pipe Joint Coupling/Harness N/A 12 SUBTOTAL $ SALES TAX AT 9.2% $ GRAND TOTAL $ Request for Bids – CBFM Replacement Material Pre-Purchase Page 12 of 29 April 2025 BID FORM – REFERENCES Fill out the following form which demonstrates that the firm has supplied materials for three (3) projects of similar size and complexity within the past 5 years. Project Name Project Location/Address Description of Work Contract Amount Project Owner/Agency Completion Date Owner/Agency Representative Address Phone Number Project Name Project Location/Address Description of Work Contract Amount Project Owner/Agency Completion Date Owner/Agency Representative Address Phone Number Project Name Project Location/Address Description of Work Contract Amount Project Owner/Agency Completion Date Owner/Agency Representative Address Phone Number Request for Bids – CBFM Replacement Material Pre-Purchase Page 13 of 29 April 2025 BID FORM – NON-COLLUSION AFFIDAVIT STATE OF ) ) ss. COUNTY OF ) __________________ , being first duly sworn, deposes and says that he or she is of the party making the foregoing BID that the BID is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the BID is genuine and not collusive or sham; that the respondent has not directly or indirectly induced or solicited any other respondent to put in a false or sham BID, and has not directly or indirectly colluded, conspired, connived, or agreed with any respondent or anyone else to put in a sham BID, or that anyone shall refrain from Bidding; that the respondent has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the BID price of the respondent or any other respondent, or to fix any overhead, profit, or cost element of the BID price, or of that of any other respondent, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the BID are true; and further, that the respondent has not, directly or indirectly, submitted his or her BID price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, BID depository, or to any member or agent thereof to effectuate a collusive or sham BID. Signed: ________________________________________________ Subscribed and sworn to before me this ________day of________, __________ ______________________________________________ Notary Public in and for the County of _______________________ State of ________________________ (SEAL) Request for Bids – CBFM Replacement Material Pre-Purchase Page 14 of 29 April 2025 BID FORM – CERTIFICATION OF NON-DEBARMENT AND SUSPENSION INSTRUCTIONS TO CONTRACTORS AND VENDORS: THIS FORM SHALL BE EXECUTED UPON REQUEST OF THE CITY THE CONTRACTOR SHALL MAKE COPIES AND DISTRIBUTE THIS FORM TO ALL SUBCONTRACTORS. SUBCONTRACTORS MUST SUBMIT THIS FORM TO THE CITY PRIOR TO PERFORMING ANY WORK. As a prospective contractor for working with the City of Bremerton and as a requirement of your submittal, you are required to provide debarment/suspension certification indicating that you are in compliance with the below Federal Executive Order AND the Washington State RCW 39.26.200 Debarment: Federal Executive Order (E.O.) 12549 “Debarment and Suspension “requires that all contractors receiving individual awards, using federal funds, and all sub-recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. Washington state RC 39.26.200 authorizes the director to fine or debar any contractor that hold convictions, violations or failures as outlined in RCW 39.26.200. Your signature certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency or any Washington state agency. If, at any time during the term of the contract, such condition occurs the Contractor will notify the City without delay. CERTIFICATION: I, the undersigned, certify that the information above is true and complete to the best of my knowledge and belief. Company Name________________________________________________________________ _ Name and Title of Signer (type or print clearly) ________________________________ ________ Signature Date____________________ END OF BID FORMS Request for Bids – CBFM Replacement Material Pre-Purchase Page 15 of 29 April 2025 EXHIBIT A: Requirements and Technical Specifications The specifications below, which are copied from the contract documents, are intended to be the minimum acceptable fully outfitted response as well as performance standards that City of Bremerton will accept. The City will have the sole authority to accept or reject any item that is deemed to be below the minimum. SUBMITTAL REQUIREMENTS: Upon execution of the agreement, the Contractor must submit a detailed submittal for all products to be supplied within 7 calendar days. The City will review and approve or return the submittal with comments within 3 calendar days. Upon approval of the submittal, the vendor shall immediately place the order for the materials. Time is of the essence for delivery of these materials in order to ensure the City meets the grant funding requirements for this project and the City will expedite all submittal review. Request for Bids – CBFM Replacement Material Pre-Purchase Page 16 of 29 April 2025 Request for Bids – CBFM Replacement Material Pre-Purchase Page 17 of 29 April 2025 Request for Bids – CBFM Replacement Material Pre-Purchase Page 18 of 29 April 2025 EXHIBIT B GOODS AND SERVICES AGREEMENT THIS AGREEMENT is entered into as of this ____day of _____, 20xx, by and between CITY OF BREMERTON UEI NO. HV84RG6NYNG4, whose location and mailing address is 345 6TH STREET, STE 100, BREMERTON, WA 98337 (hereinafter called “Assignor”) and ________________, ______________, whose mailing address is __________________________________ (hereinafter called “Assignee”). WHEREAS, Assignor and U.S. Department of Defense Office of Local Defense Community Cooperation are parties to that certain Award Agreement through the Defense Community Infrastructure Program using Contract No.CIP2166-24-01 dated on or about the date hereof whereby OLDCC has agreed to grant Assignor up to Seven Million, one-hundred forty five thousand and 00/100 Dollars ($7,145,000.00) for construction costs in connection with utility infrastructure activities (the “Award Contract no. HQ0052410043”); WHEREAS, Assignor wishes to assign to Assignee and to have Assignee assume all of Assignor's rights and obligations under the award contract no. CIP2166-24-01, and Assignee is willing to assume all of said obligations of Assignor thereunder; and These recitals herein are hereby incorporated into this Agreement and shall have the same force and effect as all other provisions of the Agreement. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: THIS AGREEMENT is entered into between the City of Bremerton, a Washington Municipal Corporation ("City"), and ________________________________________ ("Vendor"), whose mailing address is: . The parties agree as follows: I. VENDOR SERVICES. The Vendor shall provide the following goods and materials and/or perform the following services for the City as provided in Exhibit A. II. TIME OF COMPLETION. Vendor shall complete the work and provide all goods, materials and services by August 8, 2025, except where otherwise noted. Vendor shall execute and provide a performance bond in the amount of 100% of contract value upon execution of this agreement as surety of performance as provided in Exhibit B. III. COMPENSATION. The City shall pay the Vendor the total amount of $_____________, including applicable Washington State Sales Tax, for the goods, materials and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services Request for Bids – CBFM Replacement Material Pre-Purchase Page 19 of 29 April 2025 on its own or from a third party, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct the cost to complete this Agreement, including any Additional Costs, from any and all amounts due or to become due the Vendor. IV. INDEPENDENT CONTRACTOR. Vendor is and shall be at all times acting as an independent contractor and not as an employee of the City. The Vendor shall secure at its expense and shall be responsible for all payments of income tax, social security, state disability insurance compensation, unemployment compensation, and all other payroll deductions for the Vendor, officer, agents, employees and subcontractors. The Vendor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Vendor's officers, agents, employees and subcontractors. V. TERMINATION. The city may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Vendor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of this Agreement. B. The Vendor's failure to complete this Agreement within the time specified in this Agreement. C. The Vendor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Vendor's failure to comply with federal, state or local laws, rules or regulations. E. The Vendor's filing for bankruptcy or becoming adjudged bankrupt. If the City terminates this Agreement for good cause, the Vendor shall not receive any further monies due under this Agreement until the goods, materials, and services required by this Agreement are completed and fully performed by the City or a third party of the City’s choosing. Termination for convenience requires 90 days advance written notice and acceptance within 10 days of receipt of notice by the non-terminating party. Notwithstanding the foregoing, any termination for convenience for the third-party products listed on Exhibit A will be subject to the applicable Cisco terms. VI. CHANGES. The City may issue a written change order for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that a change order is necessary, Vendor must submit a written change order request to an authorized agent of the City within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the change order work upon receiving either a written change order from the City or an oral order Request for Bids – CBFM Replacement Material Pre-Purchase Page 20 of 29 April 2025 from the City before actually receiving the written change order. If the Vendor fails to require a change order within the time allowed, the Vendor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment the Vendor must complete the change order work; however, the Vendor may elect to protest the adjustment as provided below: A. Procedure and Protest by the Vendor. If the Vendor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor shall: 1. Immediately give a signed written notice of protest to the City; 2. Supplement the written protest within fourteen (14) calendar days with a written statement that provides the following information: a. The date of the Vendor's protest. b. The nature and circumstances that caused the protest. c. The provisions in this Agreement that support the protest. d. The estimated dollar cost, if any, of the protested work and how that estimate was determined. e. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. 3. The Vendor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all protests, provided the procedures in this section are followed. If the City determines that a protest is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. B. Vendor's Duty to Complete Protested Work. In spite of any protest, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. C. Vendor's Acceptance of Changes. The Vendor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). Request for Bids – CBFM Replacement Material Pre-Purchase Page 21 of 29 April 2025 VII. CLAIMS. The Vendor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims. Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement; or, if (and only if) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Vendor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Vendor's written claim must include the information set forth regarding protests in Section VI(A)(2)(a)-(e). FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. Vendor must, in any event, file any claim or bring any suit arising from or connected with this Agreement within 120 calendar days from the date the contract work is complete. VIII. WARRANTY. The Vendor shall correct all defects in workmanship and materials within one year from the date of the City's acceptance of the contract work. When defects are corrected, the warranty for that portion of the work shall extend for one year from the date such correction is completed and accepted by the City. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time, the City may complete the corrections, and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. IX. INDEMNIFICATION. Vendor 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. Vendor’s obligation to indemnify shall not extend to that portion of damages caused by the City’s sole negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Vendor and the City, its officers, officials, employees, agents and volunteers, the Vendor's liability hereunder shall be only to the extent of the Vendor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. Request for Bids – CBFM Replacement Material Pre-Purchase Page 22 of 29 April 2025 X. INSURANCE. The Vendor shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the contract work by the Vendor, its agents, representatives, employees or subcontractors. Before beginning work on the project described in this Agreement, the Vendor shall provide a Certificate of Insurance evidencing: A. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and B. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to blanket contractual; products/completed operations/broad form property damage; and employer's liability. C. Excess Liability insurance with limits not less than $1,000,000 limit per occurrence and aggregate. D. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of the Vendor. All required policies shall be provided on an “occurrence” basis except professional liability insurance (if required), which shall be provided on a “claims-made” basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Vendor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies. The Vendor's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Vendor's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Vendor to advise the City’s Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy required herein, and failure to do so shall be construed to be a breach of this Agreement. Request for Bids – CBFM Replacement Material Pre-Purchase Page 23 of 29 April 2025 The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. XI. MISCELLANEOUS. A. Licenses and Taxes. Vendor shall possess a current Bremerton Business License, and any regulatory license required to fulfill Vendor's obligations under this Agreement. B&O taxes shall be paid when due, and Vendor, by this Agreement, assigns any payments due under this Agreement to the City Clerk for payment of such taxes which have been declared delinquent. B. Conflict and Precedence. In the event of a conflict between the contract documents, the document which rates higher on the following list shall take precedence: 1. Amendments / Change Orders to Goods and Services Agreement 2. Goods and Services Agreement and exhibits 3. Specifications 4. Terms and Conditions 5. Vendor’s Proposal C. Documents Incorporated by Reference. The following documents are incorporated by reference, including but not limited to: 1. Terms and Conditions, 2. Specifications, 3. Proposal, and 4. Non-Collusion Affidavit. D. Use of Photographs and Images. Vendor shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Vendor or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. E. Equal Employment Opportunity Statement. In the hiring of employees for the performance of work under this Agreement, the Vendor, its subcontractors, or any person acting on behalf of Vendor shall not discriminate in any employment practice on the basis of age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status, military status, or the presence of any physical, mental or sensory disability. F. ADA Statement. The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment and admission to participation in the programs, services and activities of the City of Bremerton. Reasonable accommodation for employees or applicants for employment will be provided. G. Compliance with Laws. Vendor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this Agreement. H. Prevailing Wages. Vendor shall file a “Statement of Intent to Pay Prevailing Wages” with the State of Washington Department of Labor & Industries prior to commencing the contract work. Vendor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Request for Bids – CBFM Replacement Material Pre-Purchase Page 24 of 29 April 2025 Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. I. Work Performed at Vendor's Risk. Vendor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this Agreement. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. J. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and Vendor under any of the provisions of this Agreement, resolution of that dispute shall be available exclusively under the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. K. Attorney's Fees. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the City's right to indemnification under Section IX of this Agreement. L. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed below, unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement. Notices to be sent to: Notices to be sent to: CITY: VENDOR: Attn: David Powell Attn: City of Bremerton 345 6th Street, Suite 100 Bremerton, WA 98337-1891 M. Assignment. Any assignment of this Agreement by the Vendor without the written consent of the City shall be void. N. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. O. Severability. If any one or more sections, subsections, or sentences of this Agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this Agreement and the remainder shall remain in full force and effect. P. Suspension & Debarment. For contracts involving Washington State or Federal funding, Vendor 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 Washington State, Federal department, or agency. Vendor shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for Request for Bids – CBFM Replacement Material Pre-Purchase Page 25 of 29 April 2025 certification. Should Vendor enter into a covered transaction with another firm, Vendor 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. Q. Compliance with Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), Vendors agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). R. Compliance with Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors and subcontractors party to this award agreement, certify that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. S. General Procurement Standards 2 CFR Part 200.318-327, and appendix II. Further the parties agree to the addition of the following as required by Appendix II to 2 CFR Part 200, all contracts entered into by the Subrecipient under this Agreement must include the following provisions, as applicable: 1) Contracts for more than the simplified acquisition threshold currently set at $250,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. 2) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-federal entity including the manner by which it will be affected and the basis for settlement. 3) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964- 1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” 4) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to Request for Bids – CBFM Replacement Material Pre-Purchase Page 26 of 29 April 2025 laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or Subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. 5) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 6) Rights to Inventions Made Under a Contract or Agreement. If the federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or Subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or Subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. 7) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 - 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 8) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, Request for Bids – CBFM Replacement Material Pre-Purchase Page 27 of 29 April 2025 suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 9) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. 10) Procurement of recovered materials – As required by 2 CFR 200.323, a non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy procurement of recovered materials identified in the EPA guidelines. Notice of federal awarding agency requirements and regulations pertaining to reporting. Federal awarding agency requirements and regulations pertaining to copyrights and rights in data. 11) Access by the Department, the Subrecipient, the federal awarding agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. 12) Retention of all required records for six years after the Subrecipient has made final payments and all other pending matters are closed. 13) Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94–163, 89 Stat. 871). 14) Pursuant to Executive Order 13858 “Strengthening Buy-American Preferences for Infrastructure Projects,” and as appropriate and to the extent consistent with law, the non- Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States, as required in 2 CFR Part 200.322, in every contract, subcontract, purchase order, or sub-award that is chargeable against federal financial assistance awards. 15) Per 2 C.F.R. § 200.216, prohibitions regarding certain telecommunications and video surveillance services or equipment are mandated by section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115- 232 (2018). 16) The Department reserves the right to review the Subrecipient’s procurement plans and documents and require the Subrecipient to make changes to bring its plans and documents into compliance with the requirements of 2 CFR Part 200.317 through 200.327. The Subrecipient must ensure that its procurement process requires contractors and subcontractors to provide adequate documentation with sufficient detail to support the costs of the project and to allow both the Subrecipient and Department to make a determination on eligibility of project costs. 17) All contracting agreements entered into pursuant to this Agreement shall incorporate this Agreement by reference. Request for Bids – CBFM Replacement Material Pre-Purchase Page 28 of 29 April 2025 T. Entire Agreement. The written provisions and terms of this Agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this Agreement. This Agreement and any attached Exhibits contain the entire Agreement between the parties. Should any language in any Exhibit to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. IN WITNESS WHEREOF, the parties below have executed this Agreement. CITY: VENDOR: CITY OF BREMERTON By: By: Print Name: Print Name: Its: Its: Date: Date: APPROVED AS TO FORM: ATTEST: By: By: KYLIE J. FINNELL, Bremerton City Attorney ANGELA HOOVER, City Clerk Request for Bids – CBFM Replacement Material Pre-Purchase Page 29 of 29 April 2025 EXHIBIT B: PEFORMANCE BOND FORM KNOW ALL PERSONS BY THESE PRESENTS; That we, as Principal, and , a corporation, organized and existing under and by virtue of the laws of the State of Washington, and legally doing business in the State of Washington, as Surety, are held and firmly bound and obligated unto the State of Washington, in the full and just sum of: plus State Sales Tax, lawful money of the United States, for the payment of which sum well and truly to be made, we do bind ourselves, our and each of our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. This bond is executed in pursuance of Chapter 39.08, Revised Code of Washington. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas the Principal entered into a certain contract with the City of Bremerton for the project listed below: Pre-Purchase of Materials for the Central Bremerton Force Main Replacement Project NOW THEREFORE, if the Principal shall faithfully perform all the provisions of such contract and pay all laborers, mechanics, subcontractors, and materialmen, and all persons who shall supply such person or persons, or subcontractors, with provisions and supplies for the carrying on of such work, then this obligation is void; otherwise to remain in full force and effect. PROVIDED, however, that the conditions of this obligation shall not apply to any money loaned or advanced to the Principal or to any subcontractor or other person in the performance of any such work. Signed and Sealed this day of . Countersigned: Principal Agent Address By Surety AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: March 26, 2025 Interlocal Contract with Houston-Galveston Area Council (HGAC) Buy for Cooperative Purchasing COUNCIL MEETING Date: April 2, 2025 Department: Finance Presenter: Melinda Monroe Phone: (360) 473-5306 SUMMARY: The City of Bremerton would like to utilize the cooperative purchasing services offered by the Houston-Galveston Area Council ATTACHMENTS: Interlocal Contract for Cooperative Purchasing with HGAC Buy FISCAL IMPACTS (Include Budgeted Amount): n/a STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Interlocal Contract with HGAC Buy and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 04/19/2024 4G INTERLOCAL CONTRACT ILC FOR COOPERATIVE PURCHASING No.:______________ Permanent Number assigned by H-GAC THIS INTERLOCAL CONTRACT (“Contract”), made and entered into pursuant to the Texas Interlocal Cooperation Act, Chapter 791, Texas Government Code (the “Act”), by and between the Houston-Galveston Area Council, hereinafter referred to as “H-GAC,” having its principal place of business at 3555 Timmons Lane, Suite 120, Houston, Texas 77027, and * ___ ________________________________________________________________________, a local government, a state agency, or a non-profit corporation created and operated to provide one or more governmental functions and services, hereinafter referred to as “End User,” having its principal place of business at * ________________________________________________________________ W I T N E S S E T H WHEREAS, H-GAC is a regional planning commission and political subdivision of the State of Texas operating under Chapter 391, Texas Local Government Code; and WHEREAS, pursuant to the Act, H-GAC is authorized to contract with eligible entities to perform governmental functions and services, including the purchase of goods and services; and WHEREAS, in reliance on such authority, H-GAC has instituted a cooperative purchasing program under which it contracts with eligible entities under the Act; and WHEREAS, End User has represented that it is an eligible entity under the Act, that its governing body has authorized this Contract on *____________________ _______, and that it desires to contract with H-GAC on the terms set forth below; NOW, THEREFORE, H-GAC and the End User do hereby agree as follows: ARTICLE 1: LEGAL AUTHORITY The End User represents and warrants to H-GAC that (1) it is eligible to contract with H-GAC under the Act because it is one of the following: a local government, as defined in the Act (a county, a municipality, a special district, or other political subdivision of the State of Texas or any other state), or a combination of two or more of those entities, a state agency (an agency of the State of Texas as defined in Section 771.002 of the Texas Government Code, or a similar agency of another state), or a non-profit corporation created and operated to provide one or more governmental functions and services, and (2) it possesses adequate legal authority to enter into this Contract. ARTICLE 2: APPLICABLE LAWS H-GAC and the End User agree to conduct all activities under this Contract in accordance with all applicable rules, regulations, and ordinances and laws in effect or promulgated during the term of this Contract. ARTICLE 3: WHOLE AGREEMENT This Contract and any attachments, as provided herein, constitute the complete contract between the parties hereto, and supersede any and all oral and written agreements between the parties relating to matters herein. ARTICLE 4: PERFORMANCE PERIOD The period of this Contract shall be for the balance of the fiscal year of the End User, which began *_______________________ and ends * _______________________. This Contract shall thereafter automatically be renewed annually for each succeeding fiscal year, provided that such renewal shall not have the effect of extending the period in which the End User may make any payment due an H- GAC contractor beyond the fiscal year in which such obligation was incurred under this Contract. ARTICLE 5: SCOPE OF SERVICES The End User appoints H-GAC its true and lawful purchasing agent for the purchase of certain products and services through the H- GAC Cooperative Purchasing Program. End User will access the Program through HGACBuy.com and by submission of any duly executed purchase order, in the form prescribed by H-GAC to a contractor having a valid contract with H-GAC. All purchases hereunder shall be in accordance with specifications and contract terms and pricing established by H-GAC. Ownership (title) to products purchased through H-GAC shall transfer directly from the contractor to the End User. (over) ARTICLE 6: PAYMENTS H-GAC will confirm each order and issue notice to contractor to proceed. Upon delivery of goods or services purchased, and presentation of a properly documented invoice, the End User shall promptly, and in any case within thirty (30) days, pay H -GAC’s contractor the full amount of the invoice. All payments for goods or services will be made from current revenues available to the paying party. In no event shall H-GAC have any financial liability to the End User for any goods or services End User procures from an H- GAC contractor. ARTICLE 7: CHANGES AND AMENDMENTS This Contract may be amended only by a written amendment executed by both parti es, except that any alterations, additions, or deletions to the terms of this Contract which are required by changes in Federal and State law or regulations are automatically incorporated into this Contract without written amendment hereto and shall become effective on the date designated by such la w or regulation. H-GAC reserves the right to make changes in the scope of products and services offered through the H-GAC Cooperative Purchasing Program to be performed hereunder. ARTICLE 8: TERMINATION PROCEDURES H-GAC or the End User may cancel this Contract at any time upon thirty (30) days written notice by certified mail to the other party to this Contract. The obligations of the End User, including its obligation to pay H -GAC’s contractor for all costs incurred under this Contract prior to such notice shall survive such cancellation, as well as any other ob ligation incurred under this Contract, until performed or discharged by the End User. ARTICLE 9: SEVERABILITY All parties agree that should any provision of this Contract be determined to be invalid or unenforceable, such determination shall not affect any other term of this Contract, which shall continue in full force and effect. ARTICLE 10: FORCE MAJEURE To the extent that either party to this Contract shall be wholly or partially prevented from the performance within the term specified of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed; provided, however, force majeure shall not excuse an obligation solely to pay funds. Determination of force majeure shall rest solely with H-GAC. ARTICLE 11: VENUE Disputes between procuring party and Vendor are to be resolved in accord with the law and venue rules of the State of purchas e. THIS INSTRUMENT HAS BEEN EXECUTED BY THE PARTIES HERETO AS FOLLOWS: * Name of End User (local government, agency, or non-profit corporation) * Mailing Address * City State ZIP Code *By: Signature of chief elected or appointed official * Typed Name & Title of Signatory Houston-Galveston Area Council 3555 Timmons Lane, Suite 120, Houston, TX 77027 By:________________________________________________________ Executive Director Date: ______________________________________________________ *______________________________________________ Date *Denotes required fields rev. 4/18 END USER DATA Please sign and return the Interlocal Contract, along with this completed form, to H-GAC by emailing it to cpcontractfax@h-gac.com or by faxing it to 713-993-2424. The contract may also be mailed to: H-GAC Cooperative Purchasing Program P.O. Box 22777, Houston, TX 77227-2777 Name of End User Agency: _____________________________________________________ County Name: ____________________ (Municipality/County/District/etc.) Mailing Address: ______________________________________________________________________________________________ (Street Address/P.O. Box) (City) (State) (ZIP Code) Main Telephone Number: ______________________________ FAX Number: ____________________________________________ Physical Address: ______________________________________________________________________________________________ (Street Address, if different from mailing address) (City) (State) (ZIP Code) Web Site Address: ____________________________________________________________________________ Official Contact: ___________________________________________ Title: __________________________________ (Point of Contact for HGACBuy Interlocal Contract) Ph No__________________________________ Mailing Address: ___________________________________________ Fx No. : ________________________________ (Street Address/P.O. Box)E-Mail Address: __________________________ _________________________________________________________ (City) (State) (ZIP Code) Authorized Official: __________________________________________ Title: ___________________________________ (Mayor/City Manager/Executive Director/etc.) Ph No.: _________________________________ Mailing Address: _____________________________________________ Fx No. __________________________________ (Street Address/P.O. Box)E-Mail Address: __________________________ ____________________________________________________________ (City) (State) (ZIP Code) Official Contact: _______________________________________________ Title: ____________________________________ (Purchasing Agent/Auditor etc. ) Ph No.: __________________________________ Mailing Address: ______________________________________________ Fx No. : __________________________________ (Street Address/P.O. Box)E-Mail Address: ___________________________ _____________________________________________________________ (City) (State) (ZIP Code) Official Contact: ________________________________________________ Title: ____________________________________ (Public Works Director/Police Chief etc.) Ph No.: __________________________________ Mailing Address: _______________________________________________ Fx No. : _________________________________ (Street Address/P.O. Box)E-Mail Address: ___________________________ _______________________________________________________________ (City) (State) (ZIP Code) Official Contact: ________________________________________________ Title: ____________________________________ (EMS Director/Fire Chief etc. ) Ph No.: __________________________________ Mailing Address: ________________________________________________ Fx No. : _________________________________ (Street Address/P.O. Box)E-Mail Address: ___________________________ _______________________________________________________________ (City) (State) (ZIP Code) * denotes required fields AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Collective Bargaining Agreement Between the City of Bremerton and the Teamsters Local 589 and Management and Professional Employees Salary Schedules Study Session Date: March 26, 2025 COUNCIL MEETING Date: April 2, 2025 Department: Legal/Human Resources Presenter: Charlotte Nelson Phone: (360) 473-5926 SUMMARY: Pursuant to RCW 41.56, negotiations have concluded between representatives of the City and the Teamsters Local 589 resulting in the attached Collective Bargaining Agreement for January 1, 2025 through December 31, 2027. The agreement includes the following wage adjustments:  A 3.6% Cost of Living Adjustment and a 2.4% Market Adjustment for 2025.  A general wage increase for 2026 based on 100% of the Seattle/Tacoma/Bellevue CPI-W from June 2024 to June 2025, with a minimum increase of 2% and a maximum increase of 4%.  A general wage increase for 2027 based on 100% of the Seattle/Tacoma/Bellevue CPI-W from June 2025 to June 2026. The Collective Bargaining Agreement has been ratified by the Teamsters membership. Council approval is required to implement this agreement. Per BMC 2.50.031, The City Council shall provide for adjustments to salary band levels of Management and Professional employees consistent with the Council’s CPI salary adjustment policy each year for the Teamsters employees. This would include wage adjustments listed above for 2025 through 2027. ATTACHMENTS: Collective Bargaining Agreement between the City of Bremerton and the Teamsters Local 589 and salary schedule for Management and Professional Employees. FISCAL IMPACTS (Include Budgeted Amount): The projected additional cost to the 2025 budget is approximately $1,379,252 for Teamsters and $674,123 for Management and Professional employees. STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to (1) approve the Collective Bargaining Agreement between the City of Bremerton and the Teamsters Local 589; (2) Approve the wage adjustments for Management and Professional Employees for 2025; (3) and authorize a budget amendment in the amount of $2,053,375 for the 2025 budget: and further authorize the Mayor to finalize and execute the Collective Bargaining agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 4H PAY SALARY BAND TITLE BASE RATE 1 RATE 2 RATE 3 RATE 4 RATE 5 RATE 6 RATE 7 RATE 8 26 MONTH 15,577.24 16,365.90 16,775.04 17,194.40 17,624.28 18,064.88 18,516.52 18,979.44 SEMI-MONTH 7,788.62 8,182.95 8,387.52 8,597.20 8,812.14 9,032.44 9,258.26 9,489.72 ANNUAL 186,926.88 196,390.80 201,300.48 206,332.80 211,491.36 216,778.56 222,198.24 227,753.28 SEMI-MO DEF COMP 311.54 327.32 335.50 343.89 352.49 361.30 370.33 379.59 25 MONTH 14,826.66 15,577.24 15,966.82 16,365.90 16,775.04 17,194.40 17,624.28 18,064.88 SEMI-MONTH 7,413.33 7,788.62 7,983.41 8,182.95 8,387.52 8,597.20 8,812.14 9,032.44 ANNUAL 177,919.92 186,926.88 191,601.84 196,390.80 201,300.48 206,332.80 211,491.36 216,778.56 SEMI-MO DEF COMP 296.53 311.54 319.34 327.32 335.50 343.89 352.49 361.30 24 MONTH 14,112.20 14,826.66 15,197.28 15,577.24 15,966.82 16,365.90 16,775.04 17,194.40 SEMI-MONTH 7,056.10 7,413.33 7,598.64 7,788.62 7,983.41 8,182.95 8,387.52 8,597.20 ANNUAL 169,346.40 177,919.92 182,367.36 186,926.88 191,601.84 196,390.80 201,300.48 206,332.80 SEMI-MO DEF COMP 282.24 296.53 303.95 311.54 319.34 327.32 335.50 343.89 23 CITY ATTORNEY MONTH 13,432.26 14,112.20 14,465.06 14,826.66 15,197.28 15,577.24 15,966.82 16,365.90 FIRE CHIEF SEMI-MONTH 6,716.13 7,056.10 7,232.53 7,413.33 7,598.64 7,788.62 7,983.41 8,182.95 POLICE CHIEF ANNUAL 161,187.12 169,346.40 173,580.72 177,919.92 182,367.36 186,926.88 191,601.84 196,390.80 SEMI-MO DEF COMP 268.65 282.24 289.30 296.53 303.95 311.54 319.34 327.32 22 ASSISTANT FIRE CHIEF MONTH 12,784.98 13,432.26 13,768.06 14,112.20 14,465.06 14,826.66 15,197.28 15,577.24 DIRECTOR OF FINANCIAL SERVICES SEMI-MONTH 6,392.49 6,716.13 6,884.03 7,056.10 7,232.53 7,413.33 7,598.64 7,788.62 DIRECTOR OF PUBLIC WORKS & UTILITIES ANNUAL 153,419.76 161,187.12 165,216.72 169,346.40 173,580.72 177,919.92 182,367.36 186,926.88 SEMI-MO DEF COMP 255.70 268.65 275.36 282.24 289.30 296.53 303.95 311.54 21 DIRECTOR OF COMMUNITY DEVELOPMENT MONTH 12,168.96 12,784.98 13,104.62 13,432.26 13,768.06 14,112.20 14,465.06 14,826.66 SEMI-MONTH 6,084.48 6,392.49 6,552.31 6,716.13 6,884.03 7,056.10 7,232.53 7,413.33 ANNUAL 146,027.52 153,419.76 157,255.44 161,187.12 165,216.72 169,346.40 173,580.72 177,919.92 SEMI-MO DEF COMP 243.38 255.70 262.09 268.65 275.36 282.24 289.30 296.53 20 CITY ENGINEER MONTH 11,582.64 12,168.96 12,473.16 12,784.98 13,104.62 13,432.26 13,768.06 14,112.20 DIRECTOR OF PARKS & RECREATION SEMI-MONTH 5,791.32 6,084.48 6,236.58 6,392.49 6,552.31 6,716.13 6,884.03 7,056.10 ANNUAL 138,991.68 146,027.52 149,677.92 153,419.76 157,255.44 161,187.12 165,216.72 169,346.40 SEMI-MO DEF COMP 231.65 243.38 249.46 255.70 262.09 268.65 275.36 282.24 19 MONTH 11,024.50 11,582.64 11,872.20 12,168.96 12,473.16 12,784.98 13,104.62 13,432.26 SEMI-MONTH 5,512.25 5,791.32 5,936.10 6,084.48 6,236.58 6,392.49 6,552.31 6,716.13 ANNUAL 132,294.00 138,991.68 142,466.40 146,027.52 149,677.92 153,419.76 157,255.44 161,187.12 SEMI-MO DEF COMP 220.49 231.65 237.44 243.38 249.46 255.70 262.09 268.65 18 ASSISTANT CITY ATTORNEY III MONTH 10,493.26 11,024.50 11,300.08 11,582.64 11,872.20 12,168.96 12,473.16 12,784.98 HUMAN RESOURCE MANAGER SEMI-MONTH 5,246.63 5,512.25 5,650.04 5,791.32 5,936.10 6,084.48 6,236.58 6,392.49 INFORMATION TECHNOLOGY MANAGER ANNUAL 125,919.12 132,294.00 135,600.96 138,991.68 142,466.40 146,027.52 149,677.92 153,419.76 MANAGING ENGINEER - DEVELOPMENT SEMI-MO DEF COMP 209.87 220.49 226.00 231.65 237.44 243.38 249.46 255.70 MANAGING ENGINEER - TRANSPORTATION MANAGING ENGINEER - UTILITIES 17 CITY AUDITOR MONTH 9,987.68 10,493.26 10,755.58 11,024.50 11,300.08 11,582.64 11,872.20 12,168.96 SEMI-MONTH 4,993.84 5,246.63 5,377.79 5,512.25 5,650.04 5,791.32 5,936.10 6,084.48 ANNUAL 119,852.16 125,919.12 129,066.96 132,294.00 135,600.96 138,991.68 142,466.40 146,027.52 SEMI-MO DEF COMP 199.75 209.87 215.11 220.49 226.00 231.65 237.44 243.38 CITY OF BREMERTON MANAGEMENT, PROFESSIONAL, CONFIDENTIAL & FIDUCIARY SALARY PLAN - 2025 General Wage Adjustment 6% - Effective 1-1-25 PAY SALARY BAND TITLE BASE RATE 1 RATE 2 RATE 3 RATE 4 RATE 5 RATE 6 RATE 7 RATE 8 CITY OF BREMERTON MANAGEMENT, PROFESSIONAL, CONFIDENTIAL & FIDUCIARY SALARY PLAN - 2025 General Wage Adjustment 6% - Effective 1-1-25 16 ASSISTANT CITY ATTORNEY II MONTH 9,506.42 9,987.68 10,237.32 10,493.26 10,755.58 11,024.50 11,300.08 11,582.64 ASSISTANT FINANCE DIRECTOR SEMI-MONTH 4,753.21 4,993.84 5,118.66 5,246.63 5,377.79 5,512.25 5,650.04 5,791.32 CITY PROSECUTOR ANNUAL 114,077.04 119,852.16 122,847.84 125,919.12 129,066.96 132,294.00 135,600.96 138,991.68 ENGINEERING PROJECT MANAGER-CAPITAL SEMI-MO DEF COMP 190.13 199.75 204.75 209.87 215.11 220.49 226.00 231.65 ENGINEERING PROJECT MANAGER-TRANS. FORESTRY MANAGER INTERNAL SERVICES MANAGER PLANNING MANAGER PUBLIC WORKS OPERATIONS MANAGER RISK MANAGER UTILITY/FACILITIES MANAGER WASTEWATER MANAGER WATER RESOURCE MANAGER 15 ASSET MANAGER MONTH 9,048.32 9,506.42 9,744.08 9,987.68 10,237.32 10,493.26 10,755.58 11,024.50 BUILDING OFFICIAL SEMI-MONTH 4,524.16 4,753.21 4,872.04 4,993.84 5,118.66 5,246.63 5,377.79 5,512.25 COURT ADMINISTRATOR ANNUAL 108,579.84 114,077.04 116,928.96 119,852.16 122,847.84 125,919.12 129,066.96 132,294.00 SEMI-MO DEF COMP 180.97 190.13 194.88 199.75 204.75 209.87 215.11 220.49 14 ASSISTANT CITY ATTORNEY I MONTH 8,612.36 9,048.32 9,274.52 9,506.42 9,744.08 9,987.68 10,237.32 10,493.26 ASSISTANT CITY PROSECUTOR II SEMI-MONTH 4,306.18 4,524.16 4,637.26 4,753.21 4,872.04 4,993.84 5,118.66 5,246.63 EQUITY, DIVERSITY, INCLUS MANAGER ANNUAL 103,348.32 108,579.84 111,294.24 114,077.04 116,928.96 119,852.16 122,847.84 125,919.12 PARKS OPERATIONS MANAGER SEMI-MO DEF COMP 172.25 180.97 185.49 190.13 194.88 199.75 204.75 209.87 PW&U FINANCIAL MANAGER 13 CITY CLERK MONTH 8,197.34 8,612.36 8,827.62 9,048.32 9,274.52 9,506.42 9,744.08 9,987.68 SEMI-MONTH 4,098.67 4,306.18 4,413.81 4,524.16 4,637.26 4,753.21 4,872.04 4,993.84 ANNUAL 98,368.08 103,348.32 105,931.44 108,579.84 111,294.24 114,077.04 116,928.96 119,852.16 SEMI-MO DEF COMP 163.95 172.25 176.55 180.97 185.49 190.13 194.88 199.75 12 BUDGET ANALYST MONTH 7,802.38 8,197.34 8,402.30 8,612.36 8,827.62 9,048.32 9,274.52 9,506.42 CDBG ADMINISTRATOR SEMI-MONTH 3,901.19 4,098.67 4,201.15 4,306.18 4,413.81 4,524.16 4,637.26 4,753.21 RISK MANAGEMENT SPECIALIST ANNUAL 93,628.56 98,368.08 100,827.60 103,348.32 105,931.44 108,579.84 111,294.24 114,077.04 SEMI-MO DEF COMP 156.05 163.95 168.05 172.25 176.55 180.97 185.49 190.13 11 CONTRACTS ADMINISTRATOR MONTH 7,656.94 7,802.38 7,997.34 8,197.34 8,402.30 8,612.36 8,827.62 9,048.32 EXECUTIVE ASSISTANT SEMI-MONTH 3,828.47 3,901.19 3,998.67 4,098.67 4,201.15 4,306.18 4,413.81 4,524.16 LEGISLATIVE ASSISTANT ANNUAL 91,883.28 93,628.56 95,968.08 98,368.08 100,827.60 103,348.32 105,931.44 108,579.84 PARALEGAL SEMI-MO DEF COMP 153.14 156.05 159.95 163.95 168.05 172.25 176.55 180.97 PARKS PRESERVATION DEVELOPMENT MGR PUBLIC ACCESS MANAGER PUBLIC WORKS & UTILITY FISCAL ANALYST SENIOR PLANNER 10 ADMINISTRATIVE PROJECT MANAGER MONTH 7,068.52 7,426.42 7,612.08 7,802.38 7,997.34 8,197.34 8,402.30 8,612.36 ASSISTANT CITY PROSECUTOR I SEMI-MONTH 3,534.26 3,713.21 3,806.04 3,901.19 3,998.67 4,098.67 4,201.15 4,306.18 ASSISTANT COURT ADMINISTRATOR ANNUAL 84,822.24 89,117.04 91,344.96 93,628.56 95,968.08 98,368.08 100,827.60 103,348.32 HUMAN RESOURCES ANALYST II SEMI-MO DEF COMP 141.37 148.53 152.24 156.05 159.95 163.95 168.05 172.25 9 MONTH 6,727.92 7,068.52 7,245.26 7,426.42 7,612.08 7,802.38 7,997.34 8,197.34 SEMI-MONTH 3,363.96 3,534.26 3,622.63 3,713.21 3,806.04 3,901.19 3,998.67 4,098.67 ANNUAL 80,735.04 84,822.24 86,943.12 89,117.04 91,344.96 93,628.56 95,968.08 98,368.08 SEMI-MO DEF COMP 134.56 141.37 144.91 148.53 152.24 156.05 159.95 163.95 PAY SALARY BAND TITLE BASE RATE 1 RATE 2 RATE 3 RATE 4 RATE 5 RATE 6 RATE 7 RATE 8 CITY OF BREMERTON MANAGEMENT, PROFESSIONAL, CONFIDENTIAL & FIDUCIARY SALARY PLAN - 2025 General Wage Adjustment 6% - Effective 1-1-25 8 BKAT PRODUCTION ADMINISTRATOR MONTH 6,403.76 6,727.92 6,896.08 7,068.52 7,245.26 7,426.42 7,612.08 7,802.38 COUNCIL/AUDITOR ASSISTANT SEMI-MONTH 3,201.88 3,363.96 3,448.04 3,534.26 3,622.63 3,713.21 3,806.04 3,901.19 HUMAN RESOURCES ANALYST I ANNUAL 76,845.12 80,735.04 82,752.96 84,822.24 86,943.12 89,117.04 91,344.96 93,628.56 SEMI-MO DEF COMP 128.08 134.56 137.92 141.37 144.91 148.53 152.24 156.05 7 MONTH 6,095.10 6,403.76 6,563.82 6,727.92 6,896.08 7,068.52 7,245.26 7,426.42 SEMI-MONTH 3,047.55 3,201.88 3,281.91 3,363.96 3,448.04 3,534.26 3,622.63 3,713.21 ANNUAL 73,141.20 76,845.12 78,765.84 80,735.04 82,752.96 84,822.24 86,943.12 89,117.04 SEMI-MO DEF COMP 121.90 128.08 131.28 134.56 137.92 141.37 144.91 148.53 6 MONTH 5,801.42 6,095.10 6,247.56 6,403.76 6,563.82 6,727.92 6,896.08 7,068.52 SEMI-MONTH 2,900.71 3,047.55 3,123.78 3,201.88 3,281.91 3,363.96 3,448.04 3,534.26 ANNUAL 69,617.04 73,141.20 74,970.72 76,845.12 78,765.84 80,735.04 82,752.96 84,822.24 SEMI-MO DEF COMP 116.03 121.90 124.95 128.08 131.28 134.56 137.92 141.37 5 LEGAL ASSISTANT II - CIVIL MONTH 5,521.94 5,801.42 5,946.54 6,095.10 6,247.56 6,403.76 6,563.82 6,727.92 LEGAL ASSISTANT II - PROSECUTION SEMI-MONTH 2,760.97 2,900.71 2,973.27 3,047.55 3,123.78 3,201.88 3,281.91 3,363.96 ANNUAL 66,263.28 69,617.04 71,358.48 73,141.20 74,970.72 76,845.12 78,765.84 80,735.04 SEMI-MO DEF COMP 110.44 116.03 118.93 121.90 124.95 128.08 131.28 134.56 4 LEGAL ASSISTANT I MONTH 5,255.80 5,521.94 5,659.96 5,801.42 5,946.54 6,095.10 6,247.56 6,403.76 PUBLIC RECORDS/LEGAL ASSISTANT I SEMI-MONTH 2,627.90 2,760.97 2,829.98 2,900.71 2,973.27 3,047.55 3,123.78 3,201.88 ANNUAL 63,069.60 66,263.28 67,919.52 69,617.04 71,358.48 73,141.20 74,970.72 76,845.12 SEMI-MO DEF COMP 105.12 110.44 113.20 116.03 118.93 121.90 124.95 128.08 3 MONTH 5,005.58 5,255.80 5,387.26 5,521.94 5,659.96 5,801.42 5,946.54 6,095.10 SEMI-MONTH 2,502.79 2,627.90 2,693.63 2,760.97 2,829.98 2,900.71 2,973.27 3,047.55 ANNUAL 60,066.96 63,069.60 64,647.12 66,263.28 67,919.52 69,617.04 71,358.48 73,141.20 SEMI-MO DEF COMP 100.11 105.12 107.75 110.44 113.20 116.03 118.93 121.90 2 MONTH 4,767.26 5,005.58 5,130.72 5,255.80 5,387.26 5,521.94 5,659.96 5,801.42 SEMI-MONTH 2,383.63 2,502.79 2,565.36 2,627.90 2,693.63 2,760.97 2,829.98 2,900.71 ANNUAL 57,207.12 60,066.96 61,568.64 63,069.60 64,647.12 66,263.28 67,919.52 69,617.04 SEMI-MO DEF COMP 95.35 100.11 102.61 105.12 107.75 110.44 113.20 116.03 1 VIDEO SPECIALIST MONTH 4,540.22 4,767.26 4,886.40 5,005.58 5,130.72 5,255.80 5,387.26 5,521.94 SEMI-MONTH 2,270.11 2,383.63 2,443.20 2,502.79 2,565.36 2,627.90 2,693.63 2,760.97 ANNUAL 54,482.64 57,207.12 58,636.80 60,066.96 61,568.64 63,069.60 64,647.12 66,263.28 SEMI-MO DEF COMP 90.80 95.35 97.73 100.11 102.61 105.12 107.75 110.44 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: March 26, 2025 Review and Approval of the Director of Public Works & Utilities Job Description COUNCIL MEETING Date: April 2, 2025 Department: Legal/HR Presenter: Charlotte Nelson/Kylie Finnell Phone: (360) 473-5926 SUMMARY: City Council review and approval of the Director of Public Works & Utilities job description. ATTACHMENTS: Director of Public Works & Utilities Job Description FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Director of Public Works & Utilities job description as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 04/19/2024 4I Heard under General Business City of Bremerton Classification Specification April 2025 Director of Public Works & Utilities Page 1 of 5 ESSENTIAL FUNCTION Under general policy direction of the Mayor, serves as department head responsible to manage the eight divisions of the department which include Administration, Engineering, Streets, Utility Maintenance, Wastewater Treatment, Water Resources, Forestry, and Internal Services (Facilities, Inventory and Equipment Services) in conformance with applicable statutes, regulations, and administrative policies. Plans, organizes, directs, and integrates all functions and responsibilities of the department including capital construction, maintenance, asset management, regulatory compliance, and environmental stewardship to preserve and improve the quality of life of the City’s residents. The Director is responsible for managing a large team of over 140 full-time equivalent employees with a multi-faceted annual budget of $100 million across 10 funds. The successful candidate will align with the City’s values which include being welcoming, having integrity, showing accountability, and demonstrating a commitment to service. They will also provide visionary leadership to the Public Works and Utilities team by inspiring, guiding, and motivating team members to achieve excellence in customer service, service delivery, innovation, and operational efficiency. Additionally, the ideal candidate should find satisfaction in providing excellent customer service, and thrive in a collaborative, high volume work environment. If this sounds appealing to you, we invite you to apply and join us in supporting a dynamic community where we can all live, work, play, and invest. A key value of the City is customer service. This position requires considerable knowledge, ability and skill in the principles and practices of excellent customer service as practiced in both the private and public sectors. This value requires the ability to effectively meet and deal with both the internal customers and the public while responding to customers in a friendly, pleasant, and professional manner using appropriate inflection, grammar, and syntax. The ability to handle stressful situations while establishing effective working relationships with employees, supervisors, and the general public. The ability to maintain a professional, courteous, and pleasant demeanor in difficult, stressful situations while diplomatically dealing with difficult people. A willingness is expected to expend extra effort to help the public find answers or information relative to their inquiry or complaint. REPRESENTATIVE ESSENTIAL DUTIES AND RESPONSIBILITIES (Note – this list is intended only to illustrate the various types of work that may be performed. The omission of specific statements does not exclude them from the position.) Administration:  The incumbent is responsible for the overall vision, performance, and administrative management of the Public Works Department. Functional areas of the department include public works operations, storm water drainage systems, capital improvement, project engineering/administration, transportation, forestry operations, fleet maintenance, building maintenance, and Bremerton departmental operations.  Briefs the Mayor and Council Members on items ranging from routine agenda items to complex strategic and business plans.  Attends and participates in group meetings; stays abreast of new trends and innovations in the field of public works administration.  The incumbent facilitates the development of strategy and policy in collaboration with the other City departments; ensures that the Mayor/Council direction and core values are City of Bremerton Classification Specification April 2025 Director of Public Works & Utilities Page 2 of 5 incorporated into operation activities and services; and represent the City in the community, the region, and the state with regards to public work policy and operational initiatives.  Supervises and participates in the preparation of City construction standards, code sections, fees, plans, and policies. Oversight of Departments:  Ensure the efficient and effective function and execution of the responsibilities of all divisions, including Administration, Engineering, Streets, Utility Maintenance, Wastewater Treatment, Water Resources, Forestry, Internal Services, Department Operations, Program Budgeting, Staffing and Leadership, and General City Management.  Sets strategic goals for process improvements, innovation, enhanced conservation efforts, improved operational efficiency, and an engaged employee experience.  Oversee and develop procedures, policies, and the systems related to transportation, water, wastewater, storm water, refuse collection, recycling, and building maintenance. Ensures the long-term sustainability of the City’s utility infrastructure and capacity for growth.  Supports staff, as needed, in the preparation and/or review of scopes of work and design documents, requests for proposals, construction cost estimates, contract bid documents, bidding and awarding projects, and/or project management.  Plans, organizes, coordinates, supervises, and evaluates programs, plans services, staffing, equipment, and infrastructure of the public works division.  Assists in the development or update of the City Transportation Improvement Plan (T.I.P.), Transportation Plan, Non-motorized Transportation Plan, Comprehensive Sewer Plan, Comprehensive Water Plan, Capital Improvement Program, and other plans involving the municipal infrastructure. Leadership and Public Engagement:  Facilitates review of and response to public concerns and inquiries.  Provides visionary leadership to the Public Works and Utilities team.  Supervises division managers and division support staff, either directly or through subordinates. Provides direction and effective feedback to direct reports.  Provides transparent performance measures through dashboards, benchmarking, and other techniques.  Maintains confidentiality of work-related issues, client records, and City information. Other Duties – Regular attendance is an essential requirement. – Performs related work as assigned and/or required. KNOWLEDGE, SKILLS and ABILITIES (Entry Requirements) Knowledge of:  Capital infrastructures, financing, planning construction and maintenance management.  The practices utilized in governmental enterprise budgeting and cost of service analysis and rate making.  Environmental protection safety laws, regulations, and standards. City of Bremerton Classification Specification April 2025 Director of Public Works & Utilities Page 3 of 5  Principles, practices, methods, and technical support functions of public works improvements design, construction, inspection, and projects management.  Current professional standards applicable to public works and utility services.  Fundamental intent and basic provisions of municipal, state, and federal financing mechanisms for public works and municipal utility projects and operations.  Techniques used for gathering, evaluating, and summarizing municipal public works and utility department service and cost information in preparing budgets and rate structures.  Management, personnel, and ethical practices as they apply to municipal public works and utility operations. Ability to:  Supervise the work of a large staff of professional, technical, clerical, semi-skilled, and unskilled employees.  Establish and maintain effective working relationships with the City Council, City employees, business partners, other governmental agencies, and the public.  Build a strong leadership team that can implement the vision and goals of the City.  Represent the City in public speaking events.  Apply professional engineering and management principles and practices to specific public works and municipal utility program operations.  Effectively represent the City in situations which are potentially adversarial or stressful.  Exercise flexibility.  Interpret and apply the intent and specific provisions of municipal code, policies, and regulatory provisions to particular conditions as they relate to departmental functions and determine a course of action.  Evaluate, plan, and establish a proper sequence of action for multiple functional units and personnel to accomplish goals.  Provide verbal and written directives, information, and advice to a wide variety of people and officials.  Persuasively and ethically communicate ideas and assert a point of view in complex or controversial situations.  Exhibit and instill in subordinates a high public service priority in contacts with the public and others encountered in the work.  Apply the principles of equal employment opportunity, and the Americans with Disabilities Act principles in managing personnel and service functions.  Implement public works and municipal utility systems and operations which protect the environment and the public health and safety.  Speak in public sufficient to train, explain, present, and promote assigned programs.  Write reports, manuals, information bulletins, memoranda, etc., sufficient to clearly communicate to a diverse audience.  Plan, develop, and implement programs geared to identified needs.  Demonstrates an ability to be influential and persuasive in terms of understanding the culture of the community with strategic goals and objectives. Skills:  Demonstrates skill and ability in partnering, collaborating, and influencing others.  Interacting tactfully and professionally with City staff, outside agencies, and the public. City of Bremerton Classification Specification April 2025 Director of Public Works & Utilities Page 4 of 5  Possession of excellent customer service, leadership, and communication skills.  Managing multiple large municipal capital improvement projects. QUALIFYING EDUCATION AND EXPERIENCE (Minimum Requirements) Graduation from an accredited college or university with a Bachelor's Degree in Engineering, Management, Business Administration, Public Administration, Construction Management, Urban Planning, Environmental Science, or a related field is required. A Master's Degree is preferred. Ten (10) years of experience in progressively responsible supervisory positions. REQUIRED LICENSES AND CERTIFICATIONS A valid Washington State driver's license is required and must be obtained prior to date of appointment or another date set by the City. An equivalent combination of experience, education, and training sufficient to successfully perform the essential duties of the position as listed above must be demonstrated by the applicant. ADA STATEMENT: A qualified employee or applicant with a disability may be afforded a reasonable accommodation to perform the essential job functions of a position in compliance with the Americans with Disabilities Act. Please tell us if you require a reasonable accommodation to apply for a job or to perform the job. Examples of reasonable accommodation include making a change to the application process or work procedures, providing documents in an alternate format, or using specialized equipment. The working conditions described here are representative of those that must be met (with or without accommodation) by an employee to successfully perform the essential functions of this job. WORKING CONDITIONS The work environment characteristics described are representative of those an employee encounters while performing the essential functions of this job. Public presentations and evening meeting are required on a frequent basis. Normal air-conditioned office situation. The noise level in the work environment is usually quiet. LEGAL and REGULATORY EMPLOYMENT CONDITIONS Occupational Group: Executive Management. In addition to the essential function of administrative head of an office or department, a person in executive management actively participates in: 1) evaluating the costs and effects of all existing operations and services; 2) devising strategies, advising, supporting, and coordinating the activity of elected officials considering issues which involve conflicting or competing internal and external needs and resources; and 3) implementing City-wide service and operational changes. Fair Labor Standards Act: The position qualifies for exemption from the Fair Labor Standards Act minimum wage and overtime provisions under the Act's Executive Employees exemptions. Representation: This position is excluded from bargaining unit representation. City of Bremerton Classification Specification April 2025 Director of Public Works & Utilities Page 5 of 5 Civil Service: The classification is excluded from the City's Civil Service System. Appointment and Removal Authority: The position is filled by Mayoral appointment pursuant to the Bremerton City Charter Article IV Section 21 which states in relevant part: "The Mayor shall be the administrator of the City...and shall make all appointments of administrative heads with confirmation by the City Council." Removal is at the will of the Mayor. This classification specification does not constitute an employment agreement between the City and employee. It is subject to change by the City, with the approval of Human Resources, as the needs of the City and requirements change. Published for April 2 Council Meeting Consent Agenda Item 4I From: Alden Bradford <aldenbradford@gmail.com> Sent: Sunday, March 30, 2025 11:19 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Item 4I on agenda for April 2 Dear City Council, I am writing regarding item 4I on this week's city council agenda, Review and Approval of the Director of Public Works & Utilities Job Description. I am wondering why the proposed job description lists a driver's licence as a job requirement. I worry that this requirement will unnecessarily limit the pool of applicants. For example, I don't see any reason why a person with a disability preventing them from operating a car could not be an excellent director. While it is not yet the law in Washington State, there is a bill which was recently passed in the Washington State House (HB 1402, https://app.leg.wa.gov/billsummary/?BillNumber=1402&Year=2025&Initiative=false) which would explicitly declare it an unfair practice to require a driver's licence unless it is actually needed for the job's duties. Under the proposed law, transportation to and from work would not be considered a valid reason to require a driver's licence. I have attached a copy of the bill for your reference. I look forward to hearing from you on this matter. Sincerely, Alden Bradford AN ACT Relating to job postings requiring driver's licenses; and 1 adding a new section to chapter 49.44 RCW.2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3 NEW SECTION. Sec. 1. A new section is added to chapter 49.44 4 RCW to read as follows:5 (1) It is an unfair practice for any employer to include a 6 statement in a job advertisement, posting, application, or other 7 material that an applicant must have a valid driver's license, unless 8 the position description in the advertisement, posting, application, 9 or other material includes job functions that require the operation 10 of a motor vehicle in a manner that would require a driver's license.11 (2) For purposes of this section, transportation to and from the 12 job site does not constitute a job function requiring the operation 13 of a motor vehicle.14 (3) A person injured by a violation of this section may bring a 15 civil cause of action against the employer to enjoin further 16 violations, to recover the actual damages sustained by the person, or 17 both, together with the cost of the suit and reasonable attorneys' 18 fees.19 --- END --- H-1340.1 SUBSTITUTE HOUSE BILL 1402 State of Washington 69th Legislature 2025 Regular Session By House Appropriations (originally sponsored by Representatives Scott, Farivar, Davis, Berry, Thai, Fitzgibbon, Mena, Duerr, Parshley, Taylor, Reed, Gregerson, Doglio, Springer, Fosse, Pollet, Ryu, Street, Hill, and Macri) READ FIRST TIME 02/28/25. p. 1 SHB 1402 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: March 26, 2025 Review and Approval of the Director of Public Works & Utilities Job Description COUNCIL MEETING Date: April 2, 2025 Department: Legal/HR Presenter: Charlotte Nelson/Kylie Finnell Phone: (360) 473-5926 SUMMARY: City Council review and approval of the Director of Public Works & Utilities job description. ATTACHMENTS: Director of Public Works & Utilities Job Description FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Director of Public Works & Utilities job description as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 04/19/2024 6A City of Bremerton Classification Specification April 2025 Director of Public Works & Utilities Page 1 of 5 ESSENTIAL FUNCTION Under general policy direction of the Mayor, serves as department head responsible to manage the eight divisions of the department which include Administration, Engineering, Streets, Utility Maintenance, Wastewater Treatment, Water Resources, Forestry, and Internal Services (Facilities, Inventory and Equipment Services) in conformance with applicable statutes, regulations, and administrative policies. Plans, organizes, directs, and integrates all functions and responsibilities of the department including capital construction, maintenance, asset management, regulatory compliance, and environmental stewardship to preserve and improve the quality of life of the City’s residents. The Director is responsible for managing a large team of over 140 full-time equivalent employees with a multi-faceted annual budget of $100 million across 10 funds. The successful candidate will align with the City’s values which include being welcoming, having integrity, showing accountability, and demonstrating a commitment to service. They will also provide visionary leadership to the Public Works and Utilities team by inspiring, guiding, and motivating team members to achieve excellence in customer service, service delivery, innovation, and operational efficiency. Additionally, the ideal candidate should find satisfaction in providing excellent customer service, and thrive in a collaborative, high volume work environment. If this sounds appealing to you, we invite you to apply and join us in supporting a dynamic community where we can all live, work, play, and invest. A key value of the City is customer service. This position requires considerable knowledge, ability and skill in the principles and practices of excellent customer service as practiced in both the private and public sectors. This value requires the ability to effectively meet and deal with both the internal customers and the public while responding to customers in a friendly, pleasant, and professional manner using appropriate inflection, grammar, and syntax. The ability to handle stressful situations while establishing effective working relationships with employees, supervisors, and the general public. The ability to maintain a professional, courteous, and pleasant demeanor in difficult, stressful situations while diplomatically dealing with difficult people. A willingness is expected to expend extra effort to help the public find answers or information relative to their inquiry or complaint. REPRESENTATIVE ESSENTIAL DUTIES AND RESPONSIBILITIES (Note – this list is intended only to illustrate the various types of work that may be performed. The omission of specific statements does not exclude them from the position.) Administration:  The incumbent is responsible for the overall vision, performance, and administrative management of the Public Works Department. Functional areas of the department include public works operations, storm water drainage systems, capital improvement, project engineering/administration, transportation, forestry operations, fleet maintenance, building maintenance, and Bremerton departmental operations.  Briefs the Mayor and Council Members on items ranging from routine agenda items to complex strategic and business plans.  Attends and participates in group meetings; stays abreast of new trends and innovations in the field of public works administration.  The incumbent facilitates the development of strategy and policy in collaboration with the other City departments; ensures that the Mayor/Council direction and core values are City of Bremerton Classification Specification April 2025 Director of Public Works & Utilities Page 2 of 5 incorporated into operation activities and services; and represent the City in the community, the region, and the state with regards to public work policy and operational initiatives.  Supervises and participates in the preparation of City construction standards, code sections, fees, plans, and policies. Oversight of Departments:  Ensure the efficient and effective function and execution of the responsibilities of all divisions, including Administration, Engineering, Streets, Utility Maintenance, Wastewater Treatment, Water Resources, Forestry, Internal Services, Department Operations, Program Budgeting, Staffing and Leadership, and General City Management.  Sets strategic goals for process improvements, innovation, enhanced conservation efforts, improved operational efficiency, and an engaged employee experience.  Oversee and develop procedures, policies, and the systems related to transportation, water, wastewater, storm water, refuse collection, recycling, and building maintenance. Ensures the long-term sustainability of the City’s utility infrastructure and capacity for growth.  Supports staff, as needed, in the preparation and/or review of scopes of work and design documents, requests for proposals, construction cost estimates, contract bid documents, bidding and awarding projects, and/or project management.  Plans, organizes, coordinates, supervises, and evaluates programs, plans services, staffing, equipment, and infrastructure of the public works division.  Assists in the development or update of the City Transportation Improvement Plan (T.I.P.), Transportation Plan, Non-motorized Transportation Plan, Comprehensive Sewer Plan, Comprehensive Water Plan, Capital Improvement Program, and other plans involving the municipal infrastructure. Leadership and Public Engagement:  Facilitates review of and response to public concerns and inquiries.  Provides visionary leadership to the Public Works and Utilities team.  Supervises division managers and division support staff, either directly or through subordinates. Provides direction and effective feedback to direct reports.  Provides transparent performance measures through dashboards, benchmarking, and other techniques.  Maintains confidentiality of work-related issues, client records, and City information. Other Duties – Regular attendance is an essential requirement. – Performs related work as assigned and/or required. KNOWLEDGE, SKILLS and ABILITIES (Entry Requirements) Knowledge of:  Capital infrastructures, financing, planning construction and maintenance management.  The practices utilized in governmental enterprise budgeting and cost of service analysis and rate making.  Environmental protection safety laws, regulations, and standards. City of Bremerton Classification Specification April 2025 Director of Public Works & Utilities Page 3 of 5  Principles, practices, methods, and technical support functions of public works improvements design, construction, inspection, and projects management.  Current professional standards applicable to public works and utility services.  Fundamental intent and basic provisions of municipal, state, and federal financing mechanisms for public works and municipal utility projects and operations.  Techniques used for gathering, evaluating, and summarizing municipal public works and utility department service and cost information in preparing budgets and rate structures.  Management, personnel, and ethical practices as they apply to municipal public works and utility operations. Ability to:  Supervise the work of a large staff of professional, technical, clerical, semi-skilled, and unskilled employees.  Establish and maintain effective working relationships with the City Council, City employees, business partners, other governmental agencies, and the public.  Build a strong leadership team that can implement the vision and goals of the City.  Represent the City in public speaking events.  Apply professional engineering and management principles and practices to specific public works and municipal utility program operations.  Effectively represent the City in situations which are potentially adversarial or stressful.  Exercise flexibility.  Interpret and apply the intent and specific provisions of municipal code, policies, and regulatory provisions to particular conditions as they relate to departmental functions and determine a course of action.  Evaluate, plan, and establish a proper sequence of action for multiple functional units and personnel to accomplish goals.  Provide verbal and written directives, information, and advice to a wide variety of people and officials.  Persuasively and ethically communicate ideas and assert a point of view in complex or controversial situations.  Exhibit and instill in subordinates a high public service priority in contacts with the public and others encountered in the work.  Apply the principles of equal employment opportunity, and the Americans with Disabilities Act principles in managing personnel and service functions.  Implement public works and municipal utility systems and operations which protect the environment and the public health and safety.  Speak in public sufficient to train, explain, present, and promote assigned programs.  Write reports, manuals, information bulletins, memoranda, etc., sufficient to clearly communicate to a diverse audience.  Plan, develop, and implement programs geared to identified needs.  Demonstrates an ability to be influential and persuasive in terms of understanding the culture of the community with strategic goals and objectives. Skills:  Demonstrates skill and ability in partnering, collaborating, and influencing others.  Interacting tactfully and professionally with City staff, outside agencies, and the public. City of Bremerton Classification Specification April 2025 Director of Public Works & Utilities Page 4 of 5  Possession of excellent customer service, leadership, and communication skills.  Managing multiple large municipal capital improvement projects. QUALIFYING EDUCATION AND EXPERIENCE (Minimum Requirements) Graduation from an accredited college or university with a Bachelor's Degree in Engineering, Management, Business Administration, Public Administration, Construction Management, Urban Planning, Environmental Science, or a related field is required. A Master's Degree is preferred. Ten (10) years of experience in progressively responsible supervisory positions. REQUIRED LICENSES AND CERTIFICATIONS A valid Washington State driver's license is required and must be obtained prior to date of appointment or another date set by the City. An equivalent combination of experience, education, and training sufficient to successfully perform the essential duties of the position as listed above must be demonstrated by the applicant. ADA STATEMENT: A qualified employee or applicant with a disability may be afforded a reasonable accommodation to perform the essential job functions of a position in compliance with the Americans with Disabilities Act. Please tell us if you require a reasonable accommodation to apply for a job or to perform the job. Examples of reasonable accommodation include making a change to the application process or work procedures, providing documents in an alternate format, or using specialized equipment. The working conditions described here are representative of those that must be met (with or without accommodation) by an employee to successfully perform the essential functions of this job. WORKING CONDITIONS The work environment characteristics described are representative of those an employee encounters while performing the essential functions of this job. Public presentations and evening meeting are required on a frequent basis. Normal air-conditioned office situation. The noise level in the work environment is usually quiet. LEGAL and REGULATORY EMPLOYMENT CONDITIONS Occupational Group: Executive Management. In addition to the essential function of administrative head of an office or department, a person in executive management actively participates in: 1) evaluating the costs and effects of all existing operations and services; 2) devising strategies, advising, supporting, and coordinating the activity of elected officials considering issues which involve conflicting or competing internal and external needs and resources; and 3) implementing City-wide service and operational changes. Fair Labor Standards Act: The position qualifies for exemption from the Fair Labor Standards Act minimum wage and overtime provisions under the Act's Executive Employees exemptions. Representation: This position is excluded from bargaining unit representation. City of Bremerton Classification Specification April 2025 Director of Public Works & Utilities Page 5 of 5 Civil Service: The classification is excluded from the City's Civil Service System. Appointment and Removal Authority: The position is filled by Mayoral appointment pursuant to the Bremerton City Charter Article IV Section 21 which states in relevant part: "The Mayor shall be the administrator of the City...and shall make all appointments of administrative heads with confirmation by the City Council." Removal is at the will of the Mayor. This classification specification does not constitute an employment agreement between the City and employee. It is subject to change by the City, with the approval of Human Resources, as the needs of the City and requirements change. Published for April 2 Council Meeting General Business Item 6A From: Alden Bradford <aldenbradford@gmail.com> Sent: Sunday, March 30, 2025 11:19 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Item 4I on agenda for April 2 Dear City Council, I am writing regarding item 4I on this week's city council agenda, Review and Approval of the Director of Public Works & Utilities Job Description. I am wondering why the proposed job description lists a driver's licence as a job requirement. I worry that this requirement will unnecessarily limit the pool of applicants. For example, I don't see any reason why a person with a disability preventing them from operating a car could not be an excellent director. While it is not yet the law in Washington State, there is a bill which was recently passed in the Washington State House (HB 1402, https://app.leg.wa.gov/billsummary/?BillNumber=1402&Year=2025&Initiative=false) which would explicitly declare it an unfair practice to require a driver's licence unless it is actually needed for the job's duties. Under the proposed law, transportation to and from work would not be considered a valid reason to require a driver's licence. I have attached a copy of the bill for your reference. I look forward to hearing from you on this matter. Sincerely, Alden Bradford AN ACT Relating to job postings requiring driver's licenses; and 1 adding a new section to chapter 49.44 RCW.2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3 NEW SECTION. Sec. 1. A new section is added to chapter 49.44 4 RCW to read as follows:5 (1) It is an unfair practice for any employer to include a 6 statement in a job advertisement, posting, application, or other 7 material that an applicant must have a valid driver's license, unless 8 the position description in the advertisement, posting, application, 9 or other material includes job functions that require the operation 10 of a motor vehicle in a manner that would require a driver's license.11 (2) For purposes of this section, transportation to and from the 12 job site does not constitute a job function requiring the operation 13 of a motor vehicle.14 (3) A person injured by a violation of this section may bring a 15 civil cause of action against the employer to enjoin further 16 violations, to recover the actual damages sustained by the person, or 17 both, together with the cost of the suit and reasonable attorneys' 18 fees.19 --- END --- H-1340.1 SUBSTITUTE HOUSE BILL 1402 State of Washington 69th Legislature 2025 Regular Session By House Appropriations (originally sponsored by Representatives Scott, Farivar, Davis, Berry, Thai, Fitzgibbon, Mena, Duerr, Parshley, Taylor, Reed, Gregerson, Doglio, Springer, Fosse, Pollet, Ryu, Street, Hill, and Macri) READ FIRST TIME 02/28/25. p. 1 SHB 1402 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: March 26, 2025 Ordinance No. 5510 to amend BMC Chapter 5.06 entitled “Rental Property Registration” COUNCIL MEETING Date: April 2, 2025 Department: Legal Presenters: Kylie Finnell, City Attorney and Andrea Spencer, DCD Director Phone: (360) 473-2345 SUMMARY: This is the third time the ordinance amending BMC Chapter 5.06 is presented at Study Session. We will present recent revisions to the proposed ordinance developed through a cooperative effort between the City Council, Department of Community Development, City Attorney’s Office and Kitsap Legal Aid Services. BMC 5.06, was adopted in 2013 and rental property registration has been required in Bremerton since that time. The primary purpose of the Rental Property Registration code is to ensure “…the maintenance of quality rental housing in the City…” BMC 5.06.010. Rather than the City conducting inspections or requiring landlords to provide third-party inspections, BMC 5.06 requires that landlords register with the City and certify their rental units comply with required health and safety standards. These standards protect tenants, the public, and the City’s first responders. The amendments proposed do not add any new requirements or fees to landlords. The substantive amendments to BMC Chapter 5.06 are as follows: 1) require rental property registration as a prerequisite for an eviction and 2) require relocation assistance for tenants who must vacate rental properties city officials deem immediately dangerous to life, limb, property or safety of the public or occupants of the property. ATTACHMENTS: 1) Ordinance No. 5510; and 2) Power Point Presentation FISCAL IMPACTS (Include Budgeted Amount): No impact to 2025/2026 budget. STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve Ordinance No. 5510 amending Bremerton Municipal Code Chapter 5.06 entitled “Rental Property Registration” COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 04/19/2024 6B 1 ORDINANCE NO. 5510 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 5.06 of the Bremerton Municipal Code entitled “Rental Property Registration.” WHEREAS, the current provisions of Chapter 5.06 of the Bremerton Municipal Code relating to rental property registration contain a reference to a repealed state law; and WHEREAS, the City Council desires to update the code to refer to the current state law and add provisions prohibiting evictions of tenants in unregistered rental units in order to incentivize landlord compliance with the code in a manner cost effective for the City and least burdensome for compliant landlords; and WHEREAS, the City Council also desires to add provisions allowing for relocation assistance for tenants in unsafe properties that are ordered vacated by City officials. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 5.06 of the Bremerton Municipal Code entitled "Rental Property Registration" is hereby amended to read as follows: Chapter 5.06 RENTAL PROPERTY REGISTRATION AND RELOCATION ASSISTANCE 5.06.010 PURPOSE. The City Council finds that rental housing is a valuable community asset, providing homes for all income levels. Additionally, the City Council finds that there exists rental housing in the City that is below the minimum building standards and appears to violate RCW 59.18.060 of the Residential Landlord-Tenant Act and that such substandard conditions constitute a public nuisance. As a result, to ensure the public health, safety, and welfare of its citizens and the maintenance of quality rental housing in the City, this code establishes a program to prevent and correct conditions in residential rental units that adversely affect or are likely to adversely affect the health, safety, and welfare of the public and the City’s first responders who may be required to respond to such properties. It is the purpose of this chapter to assure that rental housing within the City is actively operated and maintained in compliance with RCW 59.18.060 and provide relocation assistance to displaced tenants when landlords fail to provide safe and sanitary rental housing and the City is forced to order the rental housing vacated.. 2 5.06.020 DEFINITIONS. "BMC" means Bremerton Municipal Code. "Building Code" means the City Building Code set forth in Chapter 17.04 BMC. "Certificate of inspection" means a certificate made in accordance with the requirements of the Uniform Unsworn Declarations Act, RCW 5.50, by a qualified inspector on forms provided by the City that states that the owner of rental property has not failed to fulfill any substantial obligation imposed under RCW 59.18.060 of the Landlord-Tenant Act, as defined in this section, that endangers or impairs the health or safety of a tenant, including (a) structural members that are of insufficient size or strength to carry imposed loads with safety, (b) exposure of the occupants to the weather, (c) plumbing and sanitation defects that directly expose the occupants to the risk of illness or injury, (d) not providing facilities adequate to supply heat and water and hot water as reasonably required by the tenant, (e) providing heating or ventilation systems that are not functional or are hazardous, (f) defective, hazardous, or missing electrical wiring or electrical service, (g) defective or hazardous exits that increase the risk of injury to occupants, and (h) conditions that increase the risk of fire.. "Code enforcement officer" means code enforcement officer as defined in Chapter 1.04 BMC. "Declaration of compliance" means an unsworn statement, declaration, verification, or certificate made in accordance with the forms provided by the City that each dwelling unit complies with RCW 59.18.060 of the Landlord-Tenant Act as defined in this section, as currently enacted and hereinafter amended, and does not present conditions that endanger or impair the health or safety of the tenants, including (a) structural members that are of insufficient size or strength to carry imposed loads with safety, (b) exposure of the occupants to the weather, (c) plumbing and sanitation defects that directly expose the occupants to the risk of illness or injury, (d) not providing facilities adequate to supply heat and water and hot water as reasonably required by the tenant, (e) providing heating or ventilation systems that are not functional or are hazardous, (f) defective, hazardous, or missing electrical wiring or electrical service, (g) defective or hazardous exits that increase the risk of injury to occupants, and (h) conditions that increase the risk of fire.. "Director" means the Director of Community Development or designee as applicable and any other department director authorized by the Mayor to enforce this chapter, or their designee, 3 including, but not limited to, code enforcement officer, Building Official and other designated City official. "Dwelling unit" means any structure or part of a structure which is used as a home, residence, or sleeping place by one (1) or more persons maintaining a common household, including but not limited to single-family residences, a room, rooming units, units of multiplexes, condominiums, apartment buildings, mobile homes and other similar residential structures. "Fire Code" means the City Fire Code set forth in Chapter 18.02 BMC. "Landlord" means the owner of rental property. "Landlord-Tenant Act" means the Residential Landlord-Tenant Act set forth in Chapter 59.18 RCW, as currently enacted and hereinafter amended. "Owner" means one (1) or more persons, jointly or severally, in whom is vested all or any part of the legal title to rental property or all or part of the beneficial ownership and a right to present use and enjoyment of the property. "Person" means an individual, group of individuals, corporation, government, governmental agency, business trust, estate, trust, partnership, association, two (2) or more persons having a joint or common interest, or any other legal or commercial entity. "Qualified inspector" means a United States Department of Housing and Urban Development certified inspector, a Washington State licensed home inspector, an American Society of Home Inspectors certified inspector, a private inspector certified by the National Association of Housing and Redevelopment Officials, the American Association of Code Enforcement, International Code Council certified inspector, or other comparable professional association as approved by the Director of Community Development, a Washington licensed structural engineer, or a Washington licensed architect. An "owner" as defined in this section is not eligible to act as a qualified inspector. "RCW" means Revised Code of Washington. "RCW 59.18.060 of the Landlord-Tenant Act" means, for the purpose of this chapter, RCW 59.18.060(1) through (10), as currently enacted or hereinafter amended, relating to the landlord’s duties, which provide as follows: (1) maintain the premises to substantially comply with any applicable code, statute, ordinance, or regulation governing their maintenance or 4 operation, which the legislative body enacting the applicable code, statute, ordinance or regulation could enforce as to the premises rented if such condition endangers or impairs the health or safety of the tenant; (2) maintain the structural components, including, but not limited to, the roofs, floors, walls, chimneys, fireplaces, foundations, and all other structural components, in reasonably good repair so as to be usable; (3) keep any shared or common areas reasonably clean, sanitary, and safe from defects increasing the hazards of fire or accident; (4) provide a reasonable program for the control of infestation by insects, rodents, and other pests at the initiation of the tenancy and, except in the case of a single-family residence, control infestation during tenancy except where such infestation is caused by the tenant; (5) except where the condition is attributable to normal wear and tear, make repairs and arrangements necessary to put and keep the premises in as good condition as it by law or rental agreement should have been, at the commencement of the tenancy; (6) provide reasonably adequate locks and furnish keys to the tenant; (7) maintain all electrical, plumbing, heating, and other facilities and appliances supplied by him or her in reasonably good working order; (8) maintain the dwelling unit in reasonably weathertight condition; (9) except in the case of a single-family residence, provide and maintain appropriate receptacles in common areas for the removal of ashes, rubbish, and garbage incidental to the occupancy and arrange for the reasonable and regular removal of such waste; (10) provide facilities adequate to supply heat and water and hot water as reasonably required by the tenant. "Rental property" or "property" means all residential dwelling units rented or leased on a contiguous parcel or parcels of land managed by the same landlord as a single rental complex. "Tenant" is any person who is entitled to occupy a dwelling unit primarily for living or dwelling purposes with or without a rental agreement. 5.06.030 REGISTRATION AND DECLARATION REQUIRED. (a) Registration and Declaration of Compliance. Any landlord renting or making available for rent any "dwelling unit" as defined in BMC 5.06.020 that requires a general business license pursuant to Chapter 5.02 BMC shall annually: (1) Register each dwelling unit; (2) Provide the City with the landlord’s name and contact information; (3) Provide the City with the name and contact information of any person designated by the landlord as an alternate contact or as a representative of the landlord responsible for the management of the rental property (optional); 5 (4) Provide an email or mailing address or other method of contact as approved by the Bremerton Police Department for participation in the Department’s landlord notification program for notice of police activity on the rental property; and (5) File with and as part of the registration a declaration of compliance as defined in BMC 5.06.020 that each dwelling unit complies with RCW 59.18.060 of the Landlord- Tenant Act and does not present conditions that endanger or impair the health or safety of the tenants. (b) Any general business license applications required pursuant to Chapter 5.02 BMC for rental properties pursuant to this chapter shall be included and processed in conjunction with the rental property registration applications. (c) Conditions of Issuance. Issuance of the general business license shall require: (1) Registration of dwelling units and providing the landlord’s name and contact information as required in subsection (a) of this section; (2) Submission of a declaration of compliance as required in subsection (a) of this section or, as applicable, submission of certificate of inspection if required by BMC 5.06.040; (3) Payment of applicable fees; and (4) Compliance with this chapter. (d) Revocation or Denial. Any general business license issued under Chapter 5.02 BMC may be revoked or denied for any violation of this chapter by the licensee or his or her agents or employees pursuant to BMC 5.02.180. (e) Prohibited Actions. A landlord who has not complied with the registration requirements of BMC 5.06.030 or the licensing requirement of BMC 5.02 is prohibited from recovering possession of rental housing units if the units are not licensed and registered with the City of Bremerton. A landlord’s failure to comply with the registration requirements of BMC 5.06.30 or the licensing requirements of BMC 5.02 is a defense in any legal action brought by the landlord, or any agent acting on behalf of the landlord, to recover possession of the rental housing unit. 6 5.06.040 VIOLATIONS AND INSPECTIONS. To ensure compliance with RCW 59.18.060 of the Landlord-Tenant Act related to conditions of rental housing, the following shall apply: (a) Pending Violation - Correction Notice. Whenever the City is provided notice of a violation of the Building Code, the Fire Code, and/or violations of any other applicable City code or state law which endangers or impairs the health or safety of a tenant, the City code enforcement officer shall issue a correction notice to the owner pursuant to Chapter 1.04 BMC. Notice to the City of the violation may be provided as a result of a pending code enforcement proceeding or other similar action on rental property, an on-site visit by a City official, or by any other means. The owner shall cure the violation in the time period as requested by the code enforcement officer or provide a plan acceptable to the City to bring the property into compliance with RCW 59.18.060 for any existing violation. (b) Notice of Violation - Hearing. In the event the owner does not or cannot cure the violation or obtain an approved plan within the required time period stated in the correction notice, a notice of violation shall be mailed or otherwise served to the owner scheduling a hearing before the Administrative Hearing Examiner pursuant to BMC 1.04.080. (c) Certificate of Inspection - Required. In the event a hearing is held before the Administrative Hearing Examiner and an order is issued requiring the owner to cure the violation, the City may request, as part of the order, that the owner obtain a certificate of inspection pursuant to this section. The certificate of inspection must be provided by a qualified inspector for the subject rental property to ensure full compliance with the order and with RCW 59.18.060 of the Landlord-Tenant Act and does not present conditions that endanger or impair the health or safety of a tenant. The dwelling unit or units of the rental property to be inspected and the extent of the inspection shall be as required by the Administrative Hearing Examiner’s order. (d) Filing of Certificate of Inspection. The certificate of inspection shall be filed with the City by the date and upon the conditions required by the Administrative Hearing Examiner’s order. If a qualified inspector other than a City code enforcement officer performs the inspection and a selected unit or units of the rental property fails the initial inspection, both the results of the initial inspection and any certificate of inspection must be provided to the City. (e) False Reporting - Misdemeanor. Any person who knowingly submits or assists in the submission of a falsified declaration of compliance or certificate of inspection is guilty of a 7 misdemeanor pursuant to BMC 1.12.020(2). Any inspector convicted of, admitting to or submitting a falsified certificate of inspection will no longer be a qualified inspector as defined under BMC 5.06.020. (f) Notice of Inspection to Tenant. Notice to tenant of an inspection shall be provided as follows: (1) Landlord shall provide written notification of his or her intent to enter an individual unit for the purposes of providing the City a certificate of inspection in accordance with RCW 59.18.150(6) of the Landlord-Tenant Act. The written notice must indicate the date and approximate time of the inspection, which shall be within normal business hours unless agreed upon between the tenant and landlord. The written notice must also indicateand the company or person performing the inspection, and that the tenant has the right to see the inspector’s identification before the inspector enters the individual unit. A copy of this notice must be provided to the inspector upon request on the day of inspection. (2) A tenant who continues to deny access to his or her unit is subject to RCW 59.18.150(8) of the Landlord-Tenant Act. (g) Notice to Vacate - In addition to any remedy provided for in this chapter, the code enforcement officer may issue a notice to vacate pursuant to Chapter 1.04.065 BMC. 5.06.050 INSPECTION FINDINGS - REVIEW AND APPEAL. (a) Administrative Review of Findings. If a landlord does not agree with the findings of an inspection performed by a qualified inspector, as defined under this chapter, the landlord may request an administrative review by the Director by filing a written request with the Department of Community Development within fourteen (14) calendar days of the inspection or may file a direct appeal to the Administrative Hearing Examiner pursuant to BMC 5.06.060. The request shall state in writing the reasons the Director should review the findings. Failure to state the basis for the review in writing shall be cause for dismissal of the review. Upon receipt of the request for administrative review, the Director shall review the information provided. In lieu of filing an appeal with the Director, an appeal may also be made directly to the Administrative Hearing Examiner pursuant to subsection (c) of this section within thirty (30) calendar days of the inspection. 8 (b) Decision of Director. After considering all of the information provided, including information from the code enforcement officer and the City Attorney, or his or her designee, the Director shall affirm or modify the findings of inspection. The Director’s decision shall be delivered in writing to the appellant by first-class mail, email or hand delivery. (c) Administrative Appeal. Appeals of the decision resulting from the Director’s review shall be made to the Administrative Hearing Examiner pursuant to BMC 5.06.060. 5.06.060 ADMINISTRATIVE APPEALS. (a) Administrative appeals may be filed as follows: (1) General Business License. Revocation or denial of a general business license issued pursuant to Chapter 5.02 BMC may be appealed as provided in BMC 5.02.180. (2) Penalties, Director’s Decision and Findings of an Inspection. The assessment of penalties pursuant to BMC 5.06.070, a decision of the Director pursuant to BMC 5.06.050(b) and the findings of an inspection performed by a qualified inspector pursuant to BMC 5.06.040(c) ("administrative determination") may be appealed using the appellate procedures set forth in this section. (b) Any applicant or licensee may, within fourteen (14) calendar days from the date notice of the administrative determination was mailed to the applicant or licensee, appeal such administrative determination by filing a written notice of appeal setting forth the grounds thereof with the Administrative Hearing Examiner pursuant to Chapter 2.13 BMC. A filing fee as set forth in Chapter 3.01 BMC, Community Development - Rate Table C, shall be submitted with the appeal. The filing fee is required to process the appeal. The hearing shall be conducted in accordance with the procedures for hearing contested cases set out in Chapter 2.13 BMC. After the hearing thereon the Administrative Hearing Examiner shall, after appropriate findings of fact, and conclusions of law, affirm, modify, or overrule the denial or revocation and order issuance or reinstatement of the license, and may impose any terms thereupon. (c) No administrative determination issued pursuant to the provisions of this chapter shall take effect until fourteen (14) calendar days after service of the notice thereof by the Director, and if the appeal is timely filed, the administrative determination shall be stayed pending final action by the Administrative Hearing Examiner. (d) The decision of the Administrative Hearing Examiner shall be final. The applicant or licensee and/or the City may seek review of the decision by the Superior Court of Washington in 9 and for Kitsap County within twenty-one (21) calendar days from the date of the decision. If review is sought as herein prescribed the administrative determination shall be stayed pending final action by the Superior Court. 5.06.070 VIOLATIONS, AND ENFORCEMENT, AND RELOCATION ASSISTANCE. Violations of this chapter constitute a public nuisance and may be enforced, in addition to the provisions of this chapter, pursuant to the Building Code; the Fire Code; Chapter 9.92 BMC, Chronic Nuisance Properties; BMC Title 6, Health and Sanitation; and/or any other applicable City code or state law. In the event of a violation of the provisions of this chapter, the City may take the following action: (a) Remedies. If the City finds that any landlord fails to register a rental dwelling unit as required herein or file the required certificate of inspection as applicable and/or violates any other provision of this chapter, the City may take any one (1) or more of the following actions to remedy the violation: (1) Impose a civil penalty as set forth in Chapter 3.01 BMC, Community Development - Rate Table C; and/or (2) Revoke or deny the general business license issued pursuant to Chapter 5.02 BMC as authorized in BMC 5.02.180. (b) Code Enforcement. In addition to the remedies set forth in subsection (a) of this section, any violation of any provision of this chapter constitutes a civil violation under Chapter 1.04 BMC for which a monetary penalty may be assessed and abatement and/or enforcement may be required as provided therein. (c) Relocation Assistance. In addition to the remedies set forth in subsection (a) and (b) of this section, a landlord shall pay relocation assistance to the landlord’s tenant pursuant to this section and RCW 59.18.085 when, pursuant to BMC 1.04.065 or other applicable law, a notice to vacate has been issued for a rental unit. (1) Notice and Payment. At the time the City notifies a landlord that a rental unit owned or managed by the landlord is unlawful to occupy due to the existence of conditions that violate applicable codes, statutes, ordinances, or regulations, the City will also notify the 10 landlord and the tenant(s) that the tenant(s) may be entitled to relocation assistance from the landlord under this section and RCW 59.18.085 in the amount of two thousand dollars per dwelling unit or three times the monthly rent, whichever is greater. In addition, the landlord shall be required to pay to the displaced tenants the entire amount of any deposit prepaid by the tenant and all prepaid rent. The landlord shall pay relocation assistance and any prepaid deposit and prepaid rent by certified check and provided within seven days of the notice. (2) Proof of Payment or Exemption. A landlord must submit written proof to the City that they provided the required relocation assistance or that they qualify for an exemption within seven days of the notice. A landlord is exempt from payment of relocation assistance if the landlord demonstrates by a preponderance of the evidence within seven days of the City sending notice that the condition(s) causing the dwelling to be condemned or unlawful to occupy were directly caused by a tenant’s or any third party’s illegal conduct without the landlord’s prior knowledge; a natural disaster, such as an earthquake, tsunami, windstorm, or hurricane; or the acquisition of the property by eminent domain. (3) Advancement of relocation assistance by the City. If the City determines that a tenant(s) is entitled to relocation assistance under this section and RCW 59.18.085, and the landlord has failed to provide the tenant(s) with relocation assistance within seven days of the City notifying the landlord of the determination the rental unit is unlawful to occupy, the City may advance the cost of relocation assistance to the tenant(s). The landlord shall reimburse the City the relocation assistance advanced by the City to the tenant(s) within 60 days from the date that the City first advanced said funds. If a landlord fails to repay the City for the advanced relocation assistance within 60 days, the City shall, pursuant to RCW 59.18.085(f), assess civil penalties in the amount of $50 per day for each displaced tenant. In addition, if the City has advanced relocation assistance to a tenant entitled to such assistance under this section or RCW 59.18.085, and if the landlord fails to reimburse the City as required by this section, interest on such amount accrues at the maximum legal rate of interest permitted under RCW 19.52.020, commencing 30 days after the date the City first advanced relocation assistance funds to the displaced tenant(s). The City is also entitled to attorney’s fees and costs arising from any legal action taken to recover unpaid relocation assistance, penalties, and interest. SECTION 2. Severability. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the 11 validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the___________ day of ____________________, 20___. _________________________________ ERIC YOUNGER, Council President Approved this ________ day of ________________________, 20___. _________________________________ GREG WHEELER, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ _________________________________ ANGELA HOOVER, City Clerk KYLIE J. FINNELL, City Attorney PUBLISHED the ________ day of ______________________, 20__. EFFECTIVE the ________ day of ______________________, 20__. ORDINANCE NO. ________. Changes to Chapter 5.06 Rental Registration & Relocation Assistance •Ordinance 5221 was adopted in 2013 to create BMC Chapter 5.06, Rental Property Registration. •The goal was to establish a rental registration program to regulate and enhance the quality of rental housing in the city without penalizing compliant landlords. •This ordinance builds on that goal by strengthening the enforcement mechanism of the rental registration process & protecting displaced tenants. History -Rental Registration Program •Strengthen the enforcement mechanism of existing rental registration requirements. •Protect tenants, members of the public, and first responders by addressing hazardous conditions of noncompliant rental properties. •Provide relocation assistance as protection against housing instability for renters displaced by hazardous conditions. Goals -Rental Registration Program Two primary components to proposed BMC 5.06 changes: A landlord cannot evict a tenant if their rental unit has not been licensed & registered with the City of Bremerton. Must be Registered to Evict A tenant who is forced to vacate due to unsafe conditions may be entitled to financial assistance from their landlord to assist with relocation. Tenant Relocation Assistance2 1 What does the Rental Registration Process Look Like? •Fill out a Landlord License Application. •Pay $75 Landlord License fee. •Sign a declaration that all rental units comply with the Residential Landlord Tenant Act (RCW 59.18.060). Registration Process BMC 5.02 & 5.06 outline landlord requirements. This also registers properties for the Landlord Notification Program. *A separate license is not required for renting out property in multiple locations if owned by a single business. (One owner -> one license/fee) Find more info for landlords here. https://landlords.bremertonwa.gov/find/ Landlord licenses are publicly available and easily searchable on the COB website. •The City has power authorized under general law to license for the privilege of engaging in business. •"Engaging in business" shall include the renting and/or leasing of real property except for casual rentals or ancillary rentals. (BMC 5.02.040) •*Even if exempted by City code, landlords should still ensure compliance with Washington state law.* Are all rentals subject to registration requirements? Casual Rental Ancillary Rental Short Term Rental •Landlord’s primary residence. •Rented out for 4 months or less per calendar year. •Single portion of landlord’s primary residence (e.g., bedroom) rented out. •Unit rented out for fewer than 30 consecutive nights. (RCW 64.37.010) •Not a hotel, motel, or B&B. Business License Required? No No Yes Landlord Registration Required? No No No What does the rental registration code do for law abiding landlords? No new requirements: registration process will not change. No new fees: registration fees will not change. No new inspections: No mandatory inspections of compliant properties. Safer & Healthier neighborhoods stronger action towards derelict properties creates safer and healthier neighborhoods for landlords and tenants alike. Levels the playing field Fewer unsafe, unlawful units means less competition for compliant landlords. Must be Registered to Evict: landlord registration required to carry out eviction action BMC 5.06.030(e) Prohibited Actions – A landlord who has not complied with the registration and licensing requirements of BMC 5.06 and BMC 5.02 is prohibited from recovering possession of rental housing units. A landlord’s failure to comply with the registration and licensing requirements of BMC 5.06 and BMC 5.02 is a defense for the tenant in any legal action brought by the landlord to recover possession of a rental housing unit. Must be Registered to Evict Relocation Assistance: Tenants vacating City condemned or unlawful dwellings BMC 5.06.070(c) Relocation Assistance– A landlord shall pay relocation assistance to the landlord’s tenant pursuant to this section and RCW 59.18.085 when, pursuant to BMC 1.04.065 or other applicable law, a notice to vacate has been issued for a rental unit. Relocation Assistance $2,000 +deposit & prepaid rent 3x Monthly Rent + deposit & prepaid rent or The greater of: The relocation assistance process is triggered when a Notice to Vacate is issued. A Notice to Vacate is issued when a violation of code results in conditions “dangerous to life, limb, property or safety of the public or occupants of the property.” (BMC 1.04.065) Relocation Assistance Process 1 Dangerous building at risk of collapse: roof failure, exposed energized wiring, decking and walkways failing. Rental properties issued notices to vacate $2,500/month -Building infested with rats and cockroaches, extensive leaking, ceiling collapsing, no smoke detectors or CO2 alarms. Rental properties issued notices to vacate •Upon issue of Notice to Vacate, landlord and tenant are notified that tenant may be entitled to relocation assistance. •Within 7 days, the landlord must: Pay Relocation Assistance to Tenant: $2,000 or 3x monthly rent (+ deposit and prepaid rent) Submit proof of exemption from relocation assistance OR Submit Proof of Payment or Exemption Relocation Assistance Process 2 Exemptions to payment of relocation assistance: Tenant or third party’s illegal conduct without landlord’s knowledge Natural Disaster Acquisition by eminent domain If landlord fails to pay displaced tenant or submit proof of exemption within 7 days of Notice to Vacate, the City may advance payment to tenant and pursue landlord for repayment. Advancement Relocation Assistance Process 3 The landlord has 60 days from the date of the advance to reimburse the City. If left unpaid after 60 days, the landlord will face civil penalties of $50 / day per tenant + interest. Penalties (if failure to advance) Relocation Assistance Process 4 •* Relocation Assistance Process Unit is determined to be unlawful to occupy. City notifies landlord and tenant of entitlement to relocation assistance. Landlord has 7 days from notice to pay relocation assistance Within 7 days, landlord must: submit proof of payment to City, or submit proof they qualify for exemption from paying If no payment or qualification for exemption proven, City may advance assistance to tenant. Landlord has 60 days to reimburse City. If landlord fails to reimburse within 60 days, City shall assess civil penalties of $50/day per tenant displaced and interest on amount advanced will accrue.* Exemptions: •Condition causing unit to be condemned or unlawful to occupy directly caused by tenant or third party’s illegal conduct without landlord’s prior knowledge. •Natural disaster, such as earthquake, tsunami, windstorm, or hurricane. •Acquisition by property of eminent domain. Interest accrues at maximum legal rate permitted (12%) under RCW 19.52.020, commencing 30 days after date City first advanced relocation assistance. * Notice Submit Proof Advancement Penalties Example WA Cities with Rental Registration Requirements Bremerton (after code changes)Seattle Olympia Burien Tukwila Mountlake Terrace Rental Registration Fees $75 license fee. (annual) $110/property + $20/unit. (2 years) Registration fee: $35 License fee: $80 one-time, $35 annual + $35/unit. (annual) License fee: $180 Per unit fee: 1-10: $315 11-50: $788.22 51 >: $945.87 (annual) Per unit fee: 1-4: $88 5-20: $229 21-50: $287 51>: $357 (annual) Single-family home: $50 Multifamily: $50 + $20/unit (annual) Registration required for eviction? Yes.Yes.Yes.Yes.Yes.As enforced by RLTA. Does City advance relocation assistance? Yes.Yes.Yes.No.No.No. Mandatory Inspections? No –owner self certifies. Yes, by City Inspector or City approved inspector. Yes, by City approved inspector. Yes, by City approved inspector. Yes, by City Inspector or City approved inspector. Yes, by City approved inspector. Legal Challenges to Rental Registration Requirements In the face of legal challenges, rental registration ordinances have been upheld consistently in Washington courts. Margola Associates v. City of Seattle (1993) Rental Housing Association v. City of Seattle (2022) Both cases affirmed that rental registration is a lawful regulatory tool for WA cities. Affirmed requirements of rental registration & fees Affirmed registration as a required condition for eviction Funding/Budgeting Licensing & Penalties Code Enforcement Fines & Penalties City General Fund City Abatement Fund $75 Landlord License Relocation Assistance Advancement •Fines & penalties are levied by the Administrative Hearing Examiner. •All funding has been budgeted for and no adjustments are being requested. Summary of Changes to Bremerton Municipal Code 5.06 •Landlord must be licensed and registered to evict. •Failure to be licensed & registered is a defense for tenant in court. •If displaced due to dangerous conditions, tenant may receive $2,000 or 3x monthly rent. •City may advance assistance if landlord fails to pay. •No new changes to fee structure for compliant landlords. •No proposed changes to inspection requirements. Must be Registered to Evict Relocation Assistance No New Fees No New Inspections Community Outreach Outreach in Preparation for Changes •Launched DCD Landlord License Lookup webpage. •Collaborated extensively with Kitsap Legal Aid Services on rental registration code changes. •Connected with the Bremerton office of Northwest Justice Project. •Connected with the Region Legal Service Office Northwest (JAG office). •Attended Kitsap County Landlord/Tenant Practice & Procedure meetings. Outreach Plan -Post Adoption •Update COB webpages with latest code changes. •Develop and distribute physical and digital materials outlining changes. •Share updates on City social media platforms. •Maintain close collaboration with community organizations to inform tenants & landlords about City code updates and gather feedback. Community Outreach –Example Print & Digital Materials Questions? Let us know at city.council@ci.bremerton.wa.us AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: March 26, 2025 Services Agreement with Novoa Global, Inc. for Automated Traffic Safety Programs COUNCIL MEETING Date: April 2, 2025 Department: Finance Presenter: Melinda Monroe Phone: (360) 473-5306 SUMMARY: The City would like to enter into contract with Novoa Global, Inc. for automated traffic safety systems at signalized intersections and school zones via the 2022 City of Everett Automated Traffic Safety Camera Program RFP 022-02. ATTACHMENTS: 1. Council Summary; 2. Agreement FISCAL IMPACTS (Include Budgeted Amount): N/A the contract is cost neutral and allows for equipment upgrades and current location analysis at current program costs. STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve Services Agreement with Novoa Global, Inc and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 04/19/2024 6C Automated Traffic Safety System 2025 Update 1 1 TRAFFIC SAFETY SYSTEMS Background •Bremerton currently has nine (9) Automated Traffic Enforcement Cameras for the purpose of intersection safety which were installed to 2008. •In May 2022, the City of Bremerton issued a RFI in order to research the current market conditions. The outcome of the 2022 RFI was to renew the current agreement with Redflex Traffic Systems. •In June 2024 there was a complete legislative update to RCW 46.63.170 resulting in a new RCW 46.63.220. These RCW changes include equity allowance providing a 50% reductions in fines if the violator qualifies and the RCW allows for the use of Park Safety zones in addition to already available school speed zones. 2 Recommended outcome •The City would like to upgrade our systems and perform location analysis. •By utilizing a local purchase cooperative RFP we will be able to maintain our current program pricing and meet these objectives. •Both this contract and updates to the RCW allow for the future installation in school and park zones. 3 1 4 1 PROGRAM CONVERSION SITE PREP-PERMITTING & APPROVALS VIOLATIONS, NOTICES, FORMS NLETS, DOL, AOC PROGRAM READY –GIVE NOTICE CHANGE EQUIPMENT 1 6 1 7 1 8 1 9 Citizen Notice of Infraction Review Only rearview images are captured The traffic light will be red if Citation is issued Does not impact your driving record RCW 46.63.220 allows qualifying individuals to request a 50% reduction 1 10 Summary Program is to be maintained at current level Current intersections and equipment reviewed and updated Overall –simple switch of vendors Potential to add School or Park Speed zones in the future Thank you! CITY OF BREMERTON AUTOMATED TRAFFIC SAFETY AGREEMENT 1 SERVICES AGREEMENT BETWEEN THE CITY OF BREMERTON, WASHINGTON AND NOVOAGLOBAL, INC. FOR AUTOMATED TRAFFIC SAFETY PROGRAM This AGREEMENT (the “Agreement”) dated for reference purposes __________, 2025, by and between NovoaGlobal, Inc, a Delaware corporation having a place of business at 8018 Sunport Drive, Suite 203, Orlando, Florida 32809 (“NG”), and the City of Bremerton, a municipal corporation of the State of Washington, having an address at 345 6th Street, STE 100, Bremerton, WA 98337 (the “Customer” and together with NG, the “Parties” and each singularly a “Party”). RECITALS WHEREAS, pursuant to Chapter 10.42 of the Bremerton Municipal Code (BMC) as amended, the Customer may implement an automated traffic safety program; and WHEREAS, the City of Everett conducted a Request for Proposals (RFP # 2022-022) incorporating references to RCW 39.34 for an automated traffic safety camera system and, from that process, selected NG; and WHEREAS, the City of Bremerton and the City of Everett entered into an Interlocal Purchasing Cooperative agreement dated, March 20th, 2001, and per the allowance in RCW 39.34 and BMC 2.76.040(f) the City of Bremerton utilizes the right to purchase from Novoa Global, Inc per RFP # 2022-022; and WHEREAS, NG has the knowledge, possession, and ownership of certain equipment, licenses and processes, referred to collectively as the NG Safety System (the “System(s)”); and WHEREAS, the Customer desires to use the Systems to monitor and enforce speed, red light violations, and other violations in accordance with applicable laws and ordinances; and WHEREAS, the Parties desire to enter into this Agreement, whereby NG will (i) install and assist the Customer in the administration and operation of the Systems, as described in more detail on Exhibit A to this Agreement at locations within the Customer’s jurisdiction, and provide to the Customer the services (the “Services”), all as more fully described on Exhibit A, and (ii) in connection with the Services, license certain software and lease certain equipment to the Customer. NOW, THEREFORE, in consideration of the mutual terms, covenants, and conditions contained herein, and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the Parties, intending to be legally bound, agree as follows: 1. RECITALS AND EXHIBITS. The foregoing recitals are true and correct and are hereby incorporated. All exhibits attached to this Agreement contain additional terms of this Agreement and are hereby incorporated into this Agreement. CITY OF BREMERTON AUTOMATED TRAFFIC SAFETY AGREEMENT 2 2. SERVICES 2.1 NG agrees to use commercially reasonable efforts to install and provide to the Customer for the Term the Systems (the “Equipment”) and software (the “Software”) to be supplied and installed by NG in accordance with Exhibit A (including the provision of all construction drawings, permit applications and other documents required by applicable law for the installation and operation of the System(s)). In addition, if and to the extent set forth in Exhibits A, B, C, and D, NG shall also supply to the Customer: 2.1.1. citation preparation processes that assist the Customer in complying with current applicable law; 2.1.2. training of personnel designated by the Customer involved with the operation of the Systems and/or the enforcement and disposition of citations; 2.1.3. expert witness testimony regarding the operation and functionality of the System; and 2.1.4. other support services for the System as set forth in Exhibit A. 2.2. If and to the extent the Customer has or obtains during the Term custody, possession or control over any of the Equipment or Software, the Customer agrees: 2.2.1. such Software, if manufactured or licensed by NG, is supplied under the license set forth in Exhibit B (the “License”) to which the Customer agrees; 2.2.2. such Software, if manufactured by third parties, is supplied under third- party licenses accompanying the Software, which licenses the Customer acknowledges receiving and to which it hereby agrees; and 2.2.3. such Equipment is supplied under the lease terms set forth in Exhibit C (the “Lease”) to which the Customer hereby agrees. 2.3. The Customer understands and agrees that (i) NG may, subject to the prior approval of the Customer, which approval shall not be unreasonably delayed, conditioned or withheld, subcontract with third parties for the provision or installation of part or parts of the Systems or Services and (ii) installation of the Systems requires the Customer’s cooperation and compliance with NG’s reasonable instructions (including but not limited to Customer’s provision of the personnel, equipment, engineering plans, and other resources as described in Exhibit A or as otherwise reasonably requested by NG) and reasonable access by NG (or such third parties) to Customer premises and systems and the Customer agrees to provide all of the foregoing to NG. 2.4. The Customer understands and agrees that the Systems will be owned by NG (or its designees). The Customer shall use its best efforts to assist NG to identify any third- party who is responsible for damage to the Systems or any part thereof. NG shall coordinate its work with the Customer’s public works, police, and engineering CITY OF BREMERTON AUTOMATED TRAFFIC SAFETY AGREEMENT 3 departments and, as necessary or required, with the Washington State Department of Transportation. 3. TERM 3.1. The effective date of this Agreement shall be the date first written above (the “Effective Date”). The initial term (the “Initial Term”) of this Agreement, the License, and the Lease shall begin upon the Effective Date, following full execution of the Agreement by the Parties, and shall continue until the fifth (5th) anniversary of the Installation Date. 3.2. The Customer shall have the option to extend this Agreement, the License and the Lease for one (1) additional five (5) year term (the “Renewal Term”), on the same terms and conditions specified herein, except that the amounts due pursuant to Section 5 hereof shall be adjusted upon NG’s written request in accordance with the change in the Consumer Price Index –for the Seattle-Tacoma-Bremerton area (“CPI”) by multiplying such amounts by the percentage change in the CPI from the beginning of the immediately preceding Term to the end of the immediately preceding Term. (The Renewal Term, if any, together with the Initial Term, becomes the “Term”). 3.3. The “Installation Date” shall be the latest date that a System becomes installed and operational at any of the originally selected locations described in Sections 1.A or 1.B of Exhibit A. 4. TERMINATION AND EXPIRATION 4.1. This Agreement may be terminated by mutual written consent of the Parties with 90 days advance written notice. 4.2. This Agreement may be terminated for cause by either Party if the other Party fails in any material way to perform its obligations under the Agreement or otherwise defaults in the performance of any obligation under this Agreement and such failure or default continues for more than forty-five (45) days after written notice thereof to the defaulting Party. 4.3. NG may terminate this Agreement, without liability, on thirty (30) days advance written notice if NG concludes in its reasonable discretion that (i) potential or actual liability of NG to third parties (other than persons claiming to own Intellectual Property required for the operation of the System) arising out of or in connection with the System makes the program impractical, uneconomical or impossible to continue. 4.4. The Customer may terminate this Agreement on thirty (30) days advance written notice if the Customer concludes in its reasonable discretion that (i) potential or actual liability of the Customer to third parties arising out of or in connection with the System makes the program impractical, uneconomical, legally contested or impossible to continue; and/or (ii) the Systems cannot be installed. Violation of the Customer’s ethics code would constitute cause to terminate this agreement. CITY OF BREMERTON AUTOMATED TRAFFIC SAFETY AGREEMENT 4 4.5. Upon termination or expiration of this Agreement, either for default or because it has reached the end of its Term or otherwise, the Parties recognize that the Customer will have to process violations in the “pipeline” and that NG accordingly must assist the Customer in this accord. Accordingly, the Parties shall take the following actions during the wind-down period, and shall have the following obligations, which obligations shall survive termination or expiration of the Agreement: 4.6. The Customer shall cease using the Software and Equipment in its possession, custody or control and shall (a) immediately allow NG a reasonable opportunity to remove such Equipment not to exceed sixty (60) days and (b) subject to applicable law (i) immediately deliver to NG or irretrievably destroy, or cause to be so delivered or destroyed, any and all copies of such Software in whatever form and any written or other materials relating to such Software in the Customer’s possession, custody or control and within thirty (30) days deliver to NG a certification thereof or (ii) allow NG access to the System(s) on which such Software is loaded and permission to NG to remove such Software and documentation. 4.7. Unless directed by the Customer not to do so, NG shall continue to process all images taken by the Customer before termination and provide all services associated with processing in accordance with this Agreement and shall be entitled to reasonable fees specified in the Agreement as if the Agreement were still in effect. 4.8. Notwithstanding anything to the contrary contained herein, or in the License or the Lease, but except as provided in Section 21, the License and the Lease shall terminate upon the termination or expiration of this Agreement. 5. FEES AND PAYMENT The Customer agrees to pay NG a monthly fee as follows (the “Monthly Fees”): 5.1. Monthly Fees (pro-rated for any partial month) as described in Exhibit D (Compensation & Pricing) in arrears with respect to each installed and operational System. Such payment shall commence on the first business day of the month following the Commencement of Operations of each System and shall, so long as such System remains installed and operational, continue on the first business day of each month for the Term or until this Agreement is sooner terminated or such payment is modified in accordance with Section 3.2. For purposes of this Agreement, “Commencement of Operations” shall mean the first full day that the System captures events for processing and issuance of notices of violation. 5.2. The Customer, being a municipal corporation, shall pay sales tax in accordance with WAC 458-20-189. Accordingly, NG shall add sales tax to the invoices provided to the Customer in compliance with Washington state law. 5.3. In the event that the United States Postal Service increases applicable First-Class Mail and/or Certified Mail postage, NG may invoice the Customer for the increased postage actually paid by NG in connection with this Agreement. For example, if CITY OF BREMERTON AUTOMATED TRAFFIC SAFETY AGREEMENT 5 First Class Mail postage were increased by $0.02, and NG mailed 1,000 notices, NG would invoice the Customer $20.00. First-class postage as of the date of this Agreement is already included in the Monthly Fees. 5.4. Payment of all fees and other charges owed pursuant to this Agreement is due as set forth above, and, to the extent invoice is required, within thirty (30) days after receipt of the invoice. Invoices will be sent to the Customer at: accountspayable@bremertonwa.gov and contracts@ci.bremerton.wa.us. 5.5. Cost Neutrality. Notwithstanding the Fixed Fee provisions provided herein, NG assures the Customer that the programs provided hereby shall be cost neutral to the Customer. The maximum compensation that Customer shall be obligated to pay to NG each month is the Fixed Fee, or the gross receipts received by the Customer, whichever is the less. The Customer agrees to pay NG within thirty (30) days after the invoice is received. Customer shall be obligated to pay the cumulative balance invoiced by NG, in accordance with standard terms, to the extent of gross receipts to the Customer from automated infractions. In the event that a balance remains unpaid due to a deficit in gross receipts compared to invoiced amounts, Customer will provide to NG with each monthly payment, an accounting of such gross receipts supporting the amount withheld. 6. RESPONSIBILITIES OF THE CUSTOMER 6.1. The Customer shall provide NG with any “as built” drawings in electronic format (AutoCad) that are available at no cost to the Customer and shall consider for approval NG’ engineering drawings without unusual or unreasonable cost or delay. 6.2. The Customer shall not levy any fees or, if Customer’s municipal code requires the assessment of fees, it shall be limited to permit fees as required by the Customer’s Municipal code. 6.3. The Customer shall prosecute citations in court at its sole discretion. Customer’s prosecution of citations is at its own expense. NG shall, at its own expense, participate in any proceeding challenging the use of the System or validity of its results and/or use of the U.S. Mails to deliver the citation. 6.4. The Customer will cooperate with NG in obtaining electrical connections at the roadside and NG shall pay all costs associated with such connection and shall pay for all power required by the System. To allow for proper operation of the System, when known to the Customer, the Customer shall provide NG with advance written notice of any modifications by Customer proposed to intersections or roadways, including traffic signal operations, after installation of a System. The Customer will maintain the landscaping and vegetation surrounding the systems. In the event any such intersection or roadway modification requires a material change to the System, the Customer shall pay the costs reasonably incurred by NG to adapt the affected video monitoring system(s) or fixed speed enforcement unit(s) to make such video monitoring system(s) or fixed speed enforcement unit(s) compatible therewith. Notwithstanding the above, NG makes no guarantee that it will be able to make any CITY OF BREMERTON AUTOMATED TRAFFIC SAFETY AGREEMENT 6 such adaptation. In the event that NG is unable to adapt the affected System, then both parties shall be relieved of any further obligations under this Agreement with respect only to the affected System. In addition, NG does not, and will not, make recommendations or otherwise manage the configuration or operation of the intersection traffic light system. 6.5. During the Term, except as expressly permitted by this Agreement the Customer shall not use the System, or allow the System’s use by a third party, without the prior written permission of NG. 7. LIMITED WARRANTY AND LIMITATION ON DAMAGES 7.1. NG warrants that the System's functionality will conform in all material respects to the description of the System set forth in Exhibit A. 7.2. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, NG HEREBY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE SERVICES AND SYSTEM, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE WITH ENJOYMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. THE CUSTOMER ACKNOWLEDGES THAT EXCEPT AS EXPRESSLY PROVIDED HEREIN, NO OTHER WARRANTIES HAVE BEEN MADE TO MUNICIPALITY BY OR ON BEHALF OF NG OR OTHERWISE FORM THE BASIS FOR THE BARGAIN BETWEEN THE PARTIES. 7.3. The Customer acknowledges and agrees that: 7.3.1. The Systems may not detect every violation; 7.3.2. Since the System may flag as a violation, conduct that is, in fact, not a violation, the output of the System will require review, analysis, and approval by personnel appropriately qualified and authorized by the Customer under applicable law prior to the issuance of any citation; 7.3.3. The System has no control over and relies on the proper functioning of equipment for signal light changes, which equipment is provided by entities other than NG; 7.3.4. The proper functioning of the System requires the Customer’s full and complete compliance with the System’ operating instructions, which it hereby agrees to do; and 7.3.5. NG shall not be responsible for the configuration, and/or operation of any intersection traffic light systems and NG shall have no liability or obligations with respect thereto. CITY OF BREMERTON AUTOMATED TRAFFIC SAFETY AGREEMENT 7 8. INDEMNIFICATION AND INSURANCE 8.1. NG shall at all times comply with all federal, state, and local laws, ordinances (including without limitation RCW 46.63.220), and regulations and shall comply with the maintenance procedures and manufacturer’s recommendations for the operation of the Systems which affect this Agreement, and shall indemnify and save harmless the Customer against any claims, arising from NG’ violation of any such laws, ordinances or regulations or any claims arising from NG’ performance of this Agreement, including as a result of the negligence or willful misconduct of NG, its officers and directors, agents, attorneys, and employees, but excluding to the extent as a result of the negligence or willful misconduct of any employees or agents of Customer. 8.2. NG agrees to indemnify, defend, and hold harmless the Customer from any claim of damages (including the payment of reasonable attorneys’ fees) by a third party to the extent arising from either (a) a finding that the System infringes any validly issued United States patent or (b) NG’ negligence or breach of this Agreement, provided that such claim of damages is not attributable to (i) any act or omission set forth in Section 8.3 or (ii) any third-party software or other third-party products used with, required for use of, or supplied under their own names with or as part of the System. If, as a final result of any litigation of which NG is obligated to indemnify, the use of the System by the Customer is prevented, in whole or in part, by an injunction, NG’s sole obligation to the Customer as a result of such injunction shall be, at NG's option, either to (i) replace such part as has been enjoined, or (ii) procure a license for NG or the Customer to use same, or (iii) remove same and terminate this Agreement at no additional cost to the Customer. 8.3. Notwithstanding anything in this Agreement to the contrary, NG assumes no obligation or liability for any claim of damages (including the payment of reasonable attorneys' fees) by a third party to the extent arising from or related to 8.4. (i) any modification of the System made by the Customer, (ii) the negligence or intentional act of the Customer, (iii) the failure to function properly of any hardware, software or equipment of any kind used by, in or on behalf of the Customer (other than that supplied by NG), (iv) the review and analysis of the System data output by the Customer personnel for citation preparation, or (v) the Customer’s use and/or administration of any traffic signal. 8.5. The rights of the Customer to seek indemnification under this Section 8 shall be conditioned upon (i) the Customer notifying NG promptly upon receipt of the claim or action for which indemnification is sought and (ii) the Customer’s reasonable cooperation with NG in the settlement or defense of such claim or action at no cost to the Customer. The Customer agrees not to charge NG for the time of the Customer’s personnel engaged in such cooperation. Such cooperation shall include, but not be limited to, the Customer providing access for, and permission to, NG for the purpose of the replacement of such part or parts of Systems as NG may deem necessary or desirable. The Customer may participate in the defense of any CITY OF BREMERTON AUTOMATED TRAFFIC SAFETY AGREEMENT 8 indemnified matter through counsel of its own choice and at its own expense, provided that NG shall remain in and responsible for control of the matter. This Section 8 states the entire liability and obligation and the exclusive remedy of the Customer with respect to any actions or claims of alleged infringement relating to or arising out of the subject matter of this Agreement. 8.6. NG shall maintain the following minimum scope and limits of insurance: 8.6.1. Comprehensive general liability insurance including but not limited to coverage for bodily injury, property damage, premises and operations, products/completed operations, personal and advertising injury, and contractual liability, with a combined single limit of $2,000,000 per occurrence, with a general aggregate limit of $4 million. Such insurance shall include the Customer, its officers, directors, employees, and elected officials as additional insured for liability arising from Contractor’s operation. 8.6.2. Workers Compensation as required by applicable state law; and 8.6.3. Comprehensive Automobile Liability Insurance for all owned, non-owned, and hired automobiles and other vehicles used by NG with a minimum $2,000,000 per occurrence combined single limit bodily injury and property damage. The Customer shall be named as additional insured on the comprehensive general liability policies provided by NG under this Agreement. NG shall require any subcontractors doing work under this Agreement to provide and maintain the same insurance, which insurance shall also name the Customer and its officers, employees, and authorized volunteers as additional insured. 8.7. Certificates showing NG is carrying the above-described insurance and endorsements evidencing the additional insured status specified above shall be furnished to the Customer within thirty (30) calendar days after the date on which this Agreement is made. Such certificates shall show that the Customer shall be notified of all cancellations of such insurance policies. NG shall forthwith obtain substitute insurance in the event of a cancellation. 8.8. All insurance required by express provision of this Agreement shall be carried only in responsible insurance companies licensed to do business in the State of Washington reasonably acceptable to Customer and shall name as additional insured the Customer. NG will furnish the Customer with Certificates of Insurance and applicable endorsements for all such policies promptly upon receipt of them. NG may effect for its own account insurance not required under this Agreement. 8.9. 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 CITY OF BREMERTON AUTOMATED TRAFFIC SAFETY AGREEMENT 9 claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City’s Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City 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. 8.10. 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. 9. CHANGE ORDERS OR ADDITIONAL SERVICES. Changes to Services and additional Systems may be added to this Agreement by mutual consent of the Parties in writing as an addendum to this Agreement. The Customer and NG agree that should state legislation or local ordinance be enacted to enable new photo enforcement solutions within the Customer’s jurisdiction, the Customer shall have the option to negotiate services and fees and issue a change order to cover such services. 9.1. The Customer will appoint a project manager, who will have oversight of the installation and implementation of the NG systems. The project manager has the authority to make daily operational management decisions. Only the Mayor of the City of Bremerton has the authority to authorize additional Systems exceeding the original Agreement, change orders, request additional services, and extensions. 10. CONFIDENTIAL AND PROPRIETARY INFORMATION; PUBLIC RECORDS LAW COMPLIANCE. 10.1. The Parties agree that they shall comply with the public records disclosure provisions of the Revised Code of Washington, Chapter 42.56, Public Records Act and RCW 46.63.220. 10.1.1. NG agrees that: All information obtained by NG through operation of the Systems shall be made available to the Customer at any time during NG’s normal business hours, excluding Proprietary Information not reasonably necessary for the prosecution of citations or fulfillment of the Customer’s obligations under this Agreement. 10.1.2. It shall not use any information acquired from the performance of the Services contemplated in this Agreement, including, without limitation, CITY OF BREMERTON AUTOMATED TRAFFIC SAFETY AGREEMENT 10 information with respect to any violations, violators, information obtained from recorded images, or information concerning the Customer’s law enforcement safety activities for any purpose other than for the benefit of the Customer. 10.1.3. No information given by NG to the Customer will be of a confidential nature, unless (a) specifically designated in boldface writing as “Proprietary Information” in the cover email or letter conveying such information and (b) expressly exempt from public records disclosures required by the Revised Code of Washington, Chapter 42.56, Public Records Act. 10.1.4. As used in this Agreement, the term “Proprietary Information” shall only mean all trade secrets or confidential or proprietary information designated as such by NG in accordance with 10.2.3 above, prior to or at the time any such trade secret or confidential or proprietary information is disclosed by NG to the Customer. However, regardless of any designation, NG’ Proprietary Information never includes this Agreement, change orders, sales orders or similar documents. 10.1.5. The Customer shall use the Proprietary Information only for the purpose of fulfilling its duties hereunder (the “Purpose”), and such Proprietary Information shall not be used for any other purpose without the prior written consent of NG. Except as provided herein or under applicable law, “Purpose” shall be deemed not to include any disclosure of the Proprietary Information to any person or entity. Except as provided herein or under applicable law, the Customer shall hold in confidence and shall not disclose to any person or entity any Proprietary Information nor exploit such Proprietary Information for its own benefit or the benefit of another without the prior written consent of NG. 10.1.6. Notwithstanding anything contained in this Agreement to the contrary, (1) this Agreement shall not prohibit the Customer from disclosing Proprietary Information to the extent required in order for the Customer to comply with applicable laws and regulations (including without limitation the Washington Public Records Act) or (2) this Agreement shall not require Customer to advocate in any forum that any Proprietary Information is not subject to disclosure under the Public Records Act. Customer will provide reasonable prior written notice of disclosure to NG, in which case NG may apply to the Kitsap County Superior to enjoin such disclosure. 11. INDEPENDENT CONTRACTOR; NO AGENCY. 11.1. It is understood that NG is an independent contractor and not an agent or employee of the Customer for any purpose including, but not limited to, federal tax and other state and federal law purposes. NG assumes responsibility for payment of all CITY OF BREMERTON AUTOMATED TRAFFIC SAFETY AGREEMENT 11 federal, state, and local taxes imposed or required of NG under unemployment insurance, Social Security, and income tax laws. NG shall be solely responsible for any worker’s compensation insurance required by law and shall provide the Customer with proof of insurance upon demand. The parties agree that the Customer shall not: 11.1.1. Pay dues, licenses or membership fees for NG; 11.1.2. Require attendance by NG, except as otherwise specified herein; 11.1.3. Control the method, manner or means of performing Services under this Agreement, except as otherwise specified herein; or 11.1.4. Restrict or prevent NG from working for any other party. 11.2. Neither Party has the right or the power to enter into any contract or commitment on behalf of the other Party, including entering into agreements with third parties, exercising incidents of ownership with respect to property owned by the Party, or executing contracts binding upon the other Party. 11.3. NG is an independent contractor providing services to the Customer, and the employees, agents, and servants of NG shall in no event be considered to be the employees, agents, or servants of the Customer. Except as expressly provided herein, this Agreement is not intended to create an agency relationship between NG and the Customer. 12. NOTICES. 12.1. Any notices or demands which under the terms of this Agreement or under any statute must or may be given or made by NG or the Customer shall be in writing and shall be given or made by personal service, first class mail, FedEx, or by certified or registered mail to the Parties at the address specified in the preamble to this Agreement. 12.2. Except as otherwise specified, all notices, payments, and reports hereunder shall be deemed given and in effect as of the date of mailing or transmission, as the case may be, when sent by next-day delivery or courier service, postage pre-paid, or three (3) days after the date of mailing when sent by first class mail, postage prepaid, addressed in all such cases to the Parties as set forth in the preamble to this Agreement directed in each case to the President of NG at the address in the preamble or the Project Manager of the Customer at the address in the preamble, or to such other addresses as the Parties may from time to time give written notice of as herein provided. 13. ASSIGNMENT. Except as specifically provided in this Agreement, neither Party may assign or delegate performance of its obligations under this Agreement without prior express written consent of the other Party, except that NG may assign or otherwise encumber this Agreement, the License, and the Lease for the purpose of obtaining financing; provided, CITY OF BREMERTON AUTOMATED TRAFFIC SAFETY AGREEMENT 12 however, that this Agreement may be assigned to any Person that acquires all or substantially all of NG’ assets in one transaction. 14. AMENDMENT AND MODIFICATION. This Agreement may be modified or amended from time to time by the Parties, provided, however, that no modification or amendment hereto shall be effective unless it is stated in writing, specifically refers to this Agreement, and is executed on behalf of the Party against whom enforcement of such modification or amendment is sought. Any amendment or modification of this Agreement must be signed by the Mayor of the City of Bremerton in order to bind the Customer. 15. NON-WAIVER. The failure of either Party to require performance of any provision of this Agreement shall not affect the right to subsequently require the performance of such provision or any other provision of this Agreement. The waiver of either Party of a breach of any provision shall not be taken or held to be a waiver of any subsequent breach of that provision or any subsequent breach of any other provision of this Agreement. 16. FORCE MAJEURE. Neither Party shall be liable to the other for failure or delay in meeting any obligations hereunder which arises in whole or in part from causes which are unforeseen by, or beyond the control of, such Party, including without limitation, acts of God or of a public enemy, acts of terrorism, acts of the Government (other than the Customer in the case of the Customer) in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, acts or omissions of (i) non-subcontractor third-parties and (ii) third party equipment, telecommunications and software suppliers, and unusually severe weather. When any such circumstance(s) exist, NG shall have the right, in its sole discretion, to allocate its available production, deliveries, services, supplies, and other resources among any and all buyers (whether or not including the Customer), as well as among departments and affiliates of NG, without any liability to the Customer. 17. DISPUTE RESOLUTION AND REMEDIES. 17.1. All disputes arising out of or in connection with the Agreement shall be attempted to be settled through good-faith negotiation between the Customer’s appointed Manager and the President of NG, followed, if necessary, within thirty (30) calendar days by professionally-assisted mediation. Any mediator so designated must be acceptable to each party and must be a mediator in the State of Washington. The mediation will be conducted as specified by the mediator and agreed upon by the Parties. The Parties agree to discuss their differences in good faith and to attempt, with the assistance of the mediator, to reach an amicable resolution of the dispute. The mediation will be treated as a settlement discussion and, therefore, will be confidential. The mediator may not testify for either party in any later proceeding relating to the dispute. No recording or transcript shall be made of the mediation proceedings. Each party will bear its own costs in the mediation. The fees and expenses of the mediator will be shared equally by the Parties. 17.2. [Not Used] CITY OF BREMERTON AUTOMATED TRAFFIC SAFETY AGREEMENT 13 18. GOVERNING LAW; JURISDICTION; VENUE. The parties agree that this Agreement is consummated, entered into, and delivered in Kitsap County, Washington. Notwithstanding conflicts of laws provisions, this Agreement has been and is to be governed by, construed, interpreted, and enforced in accordance with the laws of the State of Washington. In the event that any litigation is commenced by either party to enforce this Agreement, the action will be filed and litigated, if necessary, solely and exclusively in a State court of competent jurisdiction located in Kitsap County, Washington. The parties waive any and all rights to have this action brought in any place other than Snohomish Kitsap County, Washington, under applicable venue laws. The Parties hereby irrevocably waive any and all rights to have this action brought in any place other those stated herein. The Parties hereby irrevocably waive any claim that any such action has been brought in an inconvenient forum. 19. [NOT USED] 20. GENERAL AND MISCELLANEOUS. 20.1. Time shall be of the essence of this Agreement. 20.2. Execution and delivery of this Agreement by a Party shall be legally valid and effective through any of the following: (i) executing and delivering a paper copy, execution and/or transmittal by Adobe Sign or DocuSign or other e-signature method, or (iii) transmitting an executed copy by email in pdf format or other electronically scanned format. 20.3. Paragraph headings are provided as an organizational convenience and are not meant to be construed as material provisions of this Agreement. 20.4. Preparation of this Agreement has been a joint effort of the Parties and the resulting document shall not, solely as a member of judicial construction, be construed more severely against one of the parties than the other. 20.5. This Agreement may be executed in counterparts, each constituting a duplicate original, but such counterparts shall constitute one and the same Agreement. 20.6. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the Parties to this Agreement from and after the Effective Date. 20.7. Each Party to this Agreement agrees to do, execute, acknowledge, and deliver or cause to be done, executed, acknowledged and delivered, all such further acts, and assurances in a manner and to the degree allowed by law, as shall be reasonably requested by the other party in order to carry out the intent of and give effect to this Agreement. Without in any manner limiting the specific rights and obligations set forth in this Agreement or illegally limiting or infringing upon the governmental authority of the Customer, the Parties declare their intention to cooperate with each other in effecting the purposes of this Agreement, and to coordinate the performance of their respective obligations under the terms of this Agreement. 20.8. Except as set forth in this Agreement and the Exhibits hereto, no representation, statement, understanding or agreement, whether written or oral, has been made and there has been no reliance on anything done, said or any assumption in law or fact CITY OF BREMERTON AUTOMATED TRAFFIC SAFETY AGREEMENT 14 with respect to this Agreement for the duration, termination or renewal of this Agreement other than as expressly set forth in this Agreement and there has been no reliance upon anything so done or said that in any way tends to change or modify the terms or subject matter of this Agreement or to prevent this Agreement from becoming effective. 20.9. This Agreement supersedes any agreements and understandings, whether written or oral, entered into by the Parties hereto prior to the Effective Date of this Agreement. 21. SURVIVABILITY. Termination or expiration of this Agreement shall not relieve either Party of their respective obligations, which either are (a) expressly noted to survive termination or expiration or (b) under the following sections which shall survive termination and expiration: Sections 4.5, 5, 7.2, 7.3, 8, 10, 17, 18, 19, 20, and this Section 21. Sections 4, 7, and 8 (but only to the extent Section 8 corresponds to Sections of the Agreement which survive) of the License and Sections 3, 4, 5, 6, and 7 (but only to the extent Section 7 corresponds to Sections of the Agreement which survive) of the Lease shall survive any expiration or termination of this Agreement, the License or the Lease. 22. INTERPRETATION/SEVERABILITY. This Agreement is intended to be fully consistent with RCW 46.63.220 regarding automated traffic safety cameras and other state laws as may be amended. In the event that any ambiguity in this Agreement exists, such ambiguity will always be interpreted so that this Agreement will be consistent with state law. The parties further acknowledge RCW 46.63.220 is often amended by the Washington State Legislature. If any provision of this Agreement is or becomes inconsistent with state law at any time, the parties will meet and confer to negotiate an amendment to this Agreement that removes the inconsistency. If such negotiation fails, then either Party may terminate this Agreement effective upon 30 days prior written notice to the other Party. Each party acknowledges that it has read this Agreement and understands the terms and conditions herein. Further, the parties have caused this Agreement to be executed on its behalf by the authorized officer whose signature appears below under its name, to be effective as of the Effective Date. IN WITNESS WHEREOF, the Parties hereto have set their hands by their duly authorized representatives as of the day and year first above written. SIGNATURES ON NEXT PAGE CITY OF BREMERTON AUTOMATED TRAFFIC SAFETY AGREEMENT 15 NOVOA GLOBAL, INC. THE CITY OF BREMERTON Print Name: Carlos Lofstedt Print Name:_________________ Title: CEO Title:______________________ DATE _________________ DATE ____________________ Notices to be sent to: Notices to be sent to: NOVOAGLOBAL: CITY OF BREMERTON: Carlos Lofstedt 345 6th Street, Suite 100 8018 Sunport Dr, STE 203 Bremerton, WA 98337 Orlando, FL 32809 (360) 473-5306 305 812 2257 APPROVED AS TO FORM: _________________________ Kylie J. Finnell Bremerton City Attorney ATTEST: ________________________ Angela Hoover, City Clerk CITY OF BREMERTON AUTOMATED TRAFFIC SAFETY AGREEMENT 16 EXHIBIT A SERVICES NG shall provide the Customer with the Systems. In connection with furnishing the Systems, NG shall provide the following, each of which is more fully described below: 1. SITE INSTALLATION PLANNING; DESIGN AND EQUIPMENT INSTALLATION 2. TRAINING AND SUPPORT 3. CITATION PREPARATION AND PROCESSING SERVICES 4. MAINTENANCE 5. PUBLIC EDUCATION CAMPAIGN 6. EXPERT WITNESS TESTIMONY AND COURT TRAINING 7. REPORTING 1. SITE INSTALLATION PLANNING, DESIGN AND EQUIPMENT INSTALLATION 1.1. The Systems. 1.1.1. NG will initially install up to eleven (11) Systems (which shall remain property of NG), monitoring such locations as the Customer and NG shall mutually agree. Up to ten (10) additional Systems may be added at the option of the Customer with NG’s consent. None of the quantities mentioned under this paragraph shall be interpreted as mandatory quantities. The actual quantities to be installed can only be approved by the City. The installation of any system will require the written approval of the City Traffic Engineer or designee. Each System shall comprise equipment capable of monitoring violations at a single approach to an intersection for up to five lanes of traffic. NG will install new Systems upon mutual agreement of the Parties. School zone fixed speed enforcement systems will conduct enforcement while beacon systems are in an activated state within the identified school zone. NG will ensure School zone fixed speed enforcement systems are integrated with Customer’s Public Works school zone flashing beacons. 1.1.2. Automated traffic safety cameras may only take pictures of the vehicle and vehicle license plate. The image must not display the face of the driver or of passengers in accordance with RCW 46.63.220. 1.1.3. The Systems shall include all equipment located at each intersection, telecommunications equipment, and Software and shall have the capability of transferring images from the roadside in accordance with RCW 46.63.220 to be accessed at the Customer's processing facility. 1.1.4. 1.1.5. Substitution, Relocation, or Addition of a Site Prior to Installation. If NG or the Customer reasonably determines that one or more Sites selected for installation of a System is not for any reason appropriate for the System (and such determination is made at least fifteen (15) days prior to the commencement of installation of the System at any such intersection), then alternate intersection(s) CITY OF BREMERTON AUTOMATED TRAFFIC SAFETY AGREEMENT 17 may be substituted by written consent of the Parties. 1.1.6. Timeframe for Installation of the System. NG shall install and activate the Systems in accordance with an Implementation Plan to be mutually agreed to by NG and the Customer, which installation shall, at minimum, conclude within sixty (60) days after all necessary permits and approvals are received by NG. NG shall use reasonable commercial efforts to install the System in accordance with the schedule set forth in the Implementation Plan. The Customer agrees that the estimated dates of installation and activation of the System set forth in the Implementation Plan are subject to delay based on conditions beyond the control of NG and are not guaranteed. 1.1.7. Installation/Ownership of the System. NG shall procure, install and provide support of Equipment at each of the agreed-upon locations. As between NG and the Customer, all components for the System will remain the property of NG. If existing poles are used they will remain the property of the Customer. 1.2. Installation 1.2.1. NG shall submit plans and specifications to the Customer for review and approval, which review and approval will not be unreasonably withheld, delayed, or conditioned. NG shall provide at least three sets of drawings of the wiring for the System circuitry. 1.2.2. All cameras and other equipment shall be enclosed in lockable, weather and vandal-resistant housing. All wiring shall be internal to equipment (not exposed) and, if commercially reasonable and if capacity exists, underground in existing traffic signal conduits, except where required to directly interface with the traffic signals and electrical service. Separate conduits or overhead wiring may be used by NG if existing conduit(s) are at capacity. If existing conduits are used, the Customer will not unreasonably withhold, delay or condition consent to such use. 1.2.3. NG will not enter Customers Traffic Signal Control Boxes without permission and/or authorization of the Customer’s Traffic Engineering/Public Works. The provision, installation, and maintenance of all necessary electronic system communication equipment will be the sole responsibility of NG. 1.2.4. The System may be mounted on or utilize support of existing traffic signal poles, arms or other intersection structures where possible, subject to Customer review and approval, such review and approval not to be unreasonably withheld, delayed or conditioned. 1.2.5. The System poles, foundations, signs, and new infrastructure, as required, shall conform to applicable law. 1.3. Restoration of Intersections. Upon termination or expiration of the Agreement, NG shall remove the System and restore the affected public facilities within 90 days of effective date of termination per Section 4 of this agreement, including returning the intersections to their original condition; provided, however, that NG shall not be required to remove any conduit, in-ground fixture, underground wiring or other infrastructure that will require CITY OF BREMERTON AUTOMATED TRAFFIC SAFETY AGREEMENT 18 excavation or demolition. All costs incurred by NG thereby will be the responsibility of NG. 1.4. Compliance with Law. NG shall design and install the System in compliance with all currently existing federal, state and local laws and regulations, including without limitation RCW 46.63.220. NG covenants and agrees that its Systems shall, at all times, comply with all applicable laws, regulations, rules and orders (“Legal Requirements”). NG shall continuously monitor the status of such Legal Requirements to ensure continuous compliance. In the event of any change in the Legal Requirements, NG shall modify or replace (at its sole cost) all or any portion of its non-compliant Systems. Any such modification shall be effected by NG in a reasonable period of time (not to exceed ninety (90) days for modification or one hundred eighty (180) days for complete system replacement), and NG’ failure to effect such modification or replacement in a timely manner shall be grounds for the Customer to terminate this Agreement for cause. Any such termination shall not relieve NG of its obligation to restore each site to its original condition. 1.5. Relocation of Systems. If (1) Customer’s Traffic Engineer determines that one or more installed Systems are no longer achieving the Customer’s public safety goals and (2) the total of Monthly Fees due to NG during any six-month period during the current Term exceed the total revenue due to Customer by operation of all Systems during that same six-month period, then the Customer may give notice thereof to NG within 60 days after the end of any such six-month period. After delivery of such notice, Customer will determine in accordance with applicable law new locations for one or more installed Systems, which will be reasonably based on a minimum number of relocations necessary to achieve Customer’s public safety goals and to avoid future relocations. Upon receipt of written notice of the new location(s), NG will relocate the System(s) to the new location(s) within 90 days after such notice. The permit time which is outside the control of NG shall be excluded from the 90 days. Relocation will be at no cost to Customer; however, Customer will continue to pay without interruption the Monthly Fees for the Systems during relocation. 2. TRAINING OF CUSTOMER PERSONNEL. After System installation, NG shall provide up to eight (8) hours of training for up to ten (10) persons at two (2) sessions at the Customer’s facilities to acquaint Customer personnel with System operation. Training shall consist of instructional and operational training as well as hands-on equipment exercises with an instructor. All necessary training materials and documentation will be provided by NG at NG’s expense. NG shall make all such training services available to the Customer prior to the end of the thirty (30) day period following the Installation Date. If the Customer requests additional courses or training, NG shall provide these on a cost reimbursement basis. Additionally, NG’ will provide and maintain a web-based training service that includes basic operation instructions as well any system or procedure changes to ensure continuity for court personnel and law enforcement end users. 3. CITATION PREPARATION AND PROCESSING SERVICES 3.1. Citation Preparation and Processing. NG shall perform the initial review of all data CITY OF BREMERTON AUTOMATED TRAFFIC SAFETY AGREEMENT 19 generated at the roadside, process and format violations utilizing a computerized traffic citation program that shall store all information required for citation processing by state, and local law, and in accordance with court of jurisdiction specification or as otherwise required by law, transfer the citations to the Customer’s Police Department’s computer for review and decision on whether or not to issue a citation within 24 hours after the return of vehicle registration data from NLETS and not longer than 6 days from the date of image capture. If NG is permitted by applicable law or regulation to do so, NG shall also review all DMV information and print and mail citation forms. NG shall pay all mailing and postage costs, and such other miscellaneous costs and expenses as may be reasonably necessary to issue a citation and deliver it by U.S. mail. To the extent required by applicable law, NG shall obtain a certification of mailing issued by the Post Office. Notwithstanding anything to the contrary in the foregoing provisions of this Section 3.1, NG will not process nor support any citations not captured by the System and/or approved by the Customer. 3.2. Officer Discretion. NG’ recognizes and agrees that the decision to issue or dismiss a citation shall be the sole and exclusive decision of a sworn officer of the Customer’s Police Department. In no event shall any NG employee or representative have the ability to authorize or dismiss any citations. 3.3. Mailing of Citations. Citations shall be mailed to the violator as soon as is reasonably practicable, and in no event longer than ten (10) business days after being approved by the Customer and NG has been notified of such approval. The form of citation shall be subject to the approval of the Customer, which approval may not be unreasonably delayed, conditioned, or withheld. 3.4. Cooperation With Police and the Courts. NG shall be responsible for and pay for the cost of issuing and mailing in accordance with applicable law. NG shall coordinate with the Customer and the Courts and shall comply with the applicable law and court procedures regarding the mailing and other requirements necessary for the issuance and processing of traffic citations. All citations shall be reviewed and approved by the Customer’s Police Department prior to mailing. In addition, NG will cooperate with the Courts to set up the necessary communications, systems for processing, including 3rd party systems, and upon request establish procedures that will enable NG to send delinquent notices to those registered owners/drivers for whom such notices are appropriate. 3.5. Rental car and business vehicles. NG will coordinate with the Customer and Courts to establish an acceptable procedure to streamline and coordinate the processing, notification, and accountability of rental car violations and corporate vehicle violations, all in accordance with applicable law. 3.6. Preparation of Evidence Packages. NG shall provide electronic copies of evidence packages in such form as may be reasonably agreed upon with the courts to enable the Customer to enforce its citations in court. 3.7. Access to License Information. NG shall maintain the ability to access the license CITY OF BREMERTON AUTOMATED TRAFFIC SAFETY AGREEMENT 20 information and the registered owner residence address for all US-registered vehicles, and the per-request fee for information, if any, shall be paid by NG. If possible, NG will identify rental vehicle and corporate vehicle violations to migrate and merge original violation with rental and business nomination for appropriate processing needs. If NG is unable to access such information, NG shall provide the make and license plate number of each violator to the Customer, which will obtain and input the information into the System, or provide such information to NG, within a reasonable period of time. 3.8. Numbering System. NG, in coordination with the Customer, shall develop and implement an independent numbering system for automated red-light citations and correlating the original violations with nominations. 3.9. Transmission of Information. NG shall make all citation information available via an electronic file using comma separated value files on a secure FTP site. NG shall maintain a documented chain of custody for all electronically transmitted information while the information is under NG’ control. Customer Service. NG shall provide an automated customer service telephone number to the public. Customer Service Representatives will be available Monday through Friday, from 10:00 a.m. to 5:00 p.m. local time (of the Customer), excluding holidays, in order to schedule violation video viewing appointments for the courts and to answer basic questions regarding the Customer’s program. 3.10. Data Security. NG shall comply with Customer’s written requirements as provided to NG regarding e-security and Customer data, including without limitation requirements concerning protection of personal privacy and sensitive data, encryption of all non-public data in transit regardless of the transit mechanism, no storage or transfer non-public Customer data outside of the United States, and breach notification. 4. MAINTENANCE 4.1. Maintenance of System. Except as provided herein, NG shall Maintain the System (as such term is defined below); provided, however, that NG shall not be responsible for any maintenance, repair, or replacement required as a result of (i) the negligence or intentional act of the Customer, its employees, agents or independent contractors (other than NG) and/or (ii) any equipment or software not provided by NG. NG shall maintain a maintenance log that documents all service issues. To “Maintain the System” shall mean to keep the System in a state of operation such that the System’s functionality and operation conforms in all material respects to the description of the System set forth in this Exhibit. All problems shall be documented and repairs commenced within seventy- two (72) business hours after the time NG receives notice thereof. NG shall also install all software revisions for Systems as and when developed and made commercially available by NG. NG is responsible to ensure systems are operational. NG will repair and upgrade as needed, including any vandalized equipment or signage, and maintain a reasonably clean appearance and in a graffiti-free condition in compliance with applicable law. CITY OF BREMERTON AUTOMATED TRAFFIC SAFETY AGREEMENT 21 4.2. Equipment Checks. NG shall use commercially reasonable efforts to perform remote camera and equipment checks to confirm proper operation of computers, cameras and communications network. Routine in-field camera equipment inspection will be done as needed. The System shall have the capability of on-line monitoring of all cameras at each intersection. 4.3. Malfunction. NG will conduct routine testing, evaluation, and monitor the system to ensure the system is operational. If a deficiency, malfunction, or failure of the system is detected NG will notify the Customer’s Police Department within 72 hours by written or electronic notification. If the System cannot be restored or repaired to full functional capability within 7 consecutive calendar days, NG will reduce the Monthly Fee to reflect the time the System is deficient, malfunctioning, or failing. The fee reduction shall be applied to the effected billing cycle and continue until the System is restored to full operation. This reduction shall be identified on the billing statement to the City. 5. PUBLIC EDUCATION CAMPAIGN 5.1. Public Awareness Program. NG shall assist the Customer with a Public Awareness Program. Such assistance shall consist of: 5.1.1. Paying for and installing all signage required by State law and local ordinance or as otherwise required by the Customer’s City Council or Customer’s municipal code. 5.1.2. Reasonable assistance for a media event to launch the community education program 5.1.3. Preparing, publishing and printing a brochure for distribution 5.1.4. A reasonable amount of training for a Customer staffed speaker’s bureau 5.1.5. Providing a toll-free customer service hotline which shall be staffed sufficiently during all regular business hours. 6. EXPERT WITNESS TESTIMONY AND COURT TRAINING 6.1. Expert Witness Testimony. NG shall provide expert witness testimony at its sole expense, as reasonably necessary, to testify regarding the accuracy and technical operation of the System as necessary for court challenges to the operation of the System. 6.2. Court Training. NG shall conduct a one-day workshop-orientation session for Municipal Court judges (and/or their designees), hearing officers, other appropriate court officials, and the Customer’s prosecutors. NG will provide and maintain a web-based training service that includes basic operation as well as any system or procedure changes to ensure continuity for court staff end users. 7. REPORTING 7.1. Bi-Monthly Report. NG shall submit to the Customer a Bi-Monthly Report on project results within fifteen (15) days after the end of two-week period and NG shall provide CITY OF BREMERTON AUTOMATED TRAFFIC SAFETY AGREEMENT 22 web access to such reports. 7.2. Monthly Report. NG shall submit to the Customer’s Traffic Engineer a monthly Report on statistical information regarding traffic volumes, average speed, traffic congestion within thirty (30) days after the end of calendar month and NG shall provide web access to such reports. 7.3. Annual Report. In accordance with RCW 46.63.220 NG shall submit an annual report of the number of notices of infraction issues for each camera system and any other relevant information about the automated traffic safety cameras the Customers City Traffic Engineer deems appropriate for the Customer’s Public Works Department web page. 7.4. Additional Reports or Information. Any other reports and information are not part of the Agreement or beyond what is required by applicable law and the preparation and delivery of any other such reports or information may result in additional fees. 7.5. Database. NG shall maintain a database with the following information per violation: 7.5.1. Location, date, and time 7.5.2. Number of seconds of yellow traffic signal and speed of vehicle 7.5.3. Vehicle description including license plate state and number 7.5.4. Applicable vehicle code section violated (if available to NG) 7.5.5. Citation prepared or reason for not preparing citation (if available to NG) 7.5.6. Registered vehicle owner’s name and address, and related information required to prepare citations where violation is made by a driver other than registered owner (if available to NG) (Affidavit of Non-Liability) 7.5.7. Status of citation (outstanding, cancelled, reissued, paid, bail forfeited, traffic school, warrants issued, etc.) (if available to NG) 7.5.8. Any other data required by applicable law 7.6. NG shall maintain at its sole expense all records, including, but not limited to all video recordings, which it generates or receives as a result of the performance of services pursuant to the Agreement for the period of time required by, and otherwise in accordance with Washington state law, including without limitation, Chapter 42.56 RCW, Public Records Act and RCW 46.63.220, as same may be amended from time to time. Upon receipt of a request from the Customer for a copy of any record being maintained by NG, NG shall provide the requested record to the Customer within a reasonable time following such request, but in no event later than seven (7) days following the date the request is received by NG. 7.7. Additional Services (if requested by the Customer in writing): 7.7.1. Payment Processing Services. NG will provide an online payment portal for violators. NG shall use reasonable commercial efforts, which are mutually agreeable to the Customer’s Finance department and the court system, to collect citation fees from violators. Funds will not be held by the payment processor used by the system. NG will deposit amounts collected into the City’s merchant CITY OF BREMERTON AUTOMATED TRAFFIC SAFETY AGREEMENT 23 settlement account on the same business day as the transaction and will provide accounting records to the Customer. This can be accomplished by using the Customer’s merchant account. Citations mailed will include the online payment portal link and the mailing address listed on citations will be the mailing address of the Bremerton Municipal Court or City of Bremerton Accounts receivable address. 7.7.2. Intersection Assessment Program. NG will generate a video-based analysis of an intersection or school zones designed to evaluate the frequency of red- light violations or school zone speed violations for each approach at the targeted intersection. The video media will contain up to 16 hours of video monitoring, assuming the equipment remains installed at the intersection or school zone during the course of monitoring, but not to exceed three consecutive calendar days. A report summarizing the results, along with the media generated will be provided to the Customer. There is no charge for the initial 16 approaches or any future system placement requests to be evaluated by NG pursuant to this Agreement. CITY OF BREMERTON AUTOMATED TRAFFIC SAFETY AGREEMENT 24 EXHIBIT B LICENSE AGREEMENT FOR NG SAFETY SYSTEM SOFTWARE This LICENSE AGREEMENT (the “License”) is part of an agreement (the “Agreement”) (to which a copy of this License is attached as Exhibit B) between the Customer named in the Agreement and Novoa Global, Inc. (“NG”) for the NG software product identified above, which includes computer software and may include associated media, printed materials, and “online” or electronic documentation (the “SOFTWARE PRODUCT”). The SOFTWARE PRODUCT also includes any updates and supplements to the original SOFTWARE PRODUCT provided to the Customer by NG. Any software provided along with the SOFTWARE PRODUCT that is associated with a separate license agreement is licensed to the Customer under the terms of that license agreement. By execution of the Agreement, the Customer has agreed to be bound by the terms of this License. Such agreement by the Customer is an express condition to its ability to use the SOFTWARE PRODUCT. 1. GRANT OF LICENSE. The SOFTWARE PRODUCT is licensed, not sold. This License grants the Customer only the following rights: The Customer may use those copies of the SOFTWARE PRODUCT as installed by NG on its network (“Network”). A license for the SOFTWARE PRODUCT may not be shared or used concurrently on different Networks. 2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. The Customer may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer unless so installed by NG. The Customer may not rent, lease, transfer or lend the SOFTWARE PRODUCT. This License does not grant the Customer any rights in connection with any trademarks or service marks of NG. Without prejudice to any other rights, NG may terminate this License if the Customer fails to comply with the terms and conditions of this License. In such event, the Customer must permit NG reasonable access to its computer system for the purpose of removing all copies of the SOFTWARE PRODUCT or deliver to NG or destroy all copies of the SOFTWARE PRODUCT and all of its component parts. 3. SUPPORT SERVICES AND UPGRADES. NG may provide the Customer with support services related to the SOFTWARE PRODUCT (“Support Services”). Use of Support Services is governed by the Agreement. Any supplemental software code provided to the Customer as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this License. With respect to technical information the Customer provides to NG as part of the Support Services, NG may use such information for its business purposes, including for product support and development. In particular, NG will not utilize such technical information in a form that personally identifies the Customer or any motor vehicle, tag or person. If the SOFTWARE PRODUCT is labeled as an upgrade, the Customer must be properly licensed to use a product identified by NG as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements the product that formed the CITY OF BREMERTON AUTOMATED TRAFFIC SAFETY AGREEMENT 25 basis for the Customer’s eligibility for the upgrade. The Customer may use the resulting upgraded product only in accordance with the terms of this License. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that the Customer licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one computer. 4. COPYRIGHT. All title and intellectual property rights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and “applets” incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by NG or its suppliers. As between the Customer and NG, all title and intellectual property rights in and to the images and information which may be generated through use of the SOFTWARE PRODUCT is the Customer’s property. All rights not expressly granted are reserved by NG. 5. DUAL-MEDIA SOFTWARE. The Customer may receive the SOFTWARE PRODUCT in more than one medium. Regardless of the type or size of medium the Customer receives; the Customer may use only one medium that is appropriate for its Network. The Customer may not use or install the other medium on another Network. The Customer may not loan, rent, lease, lend or otherwise transfer the other medium to another user. 6. BACKUP COPY. After installation of one copy of the SOFTWARE PRODUCT pursuant to this License, the Customer may keep the original media on which the SOFTWARE PRODUCT was provided by NG solely for backup or archival purposes. If the original media is required to use the SOFTWARE PRODUCT on the COMPUTER, the Customer may make one copy of the SOFTWARE PRODUCT solely for backup or archival purposes. Except as expressly provided in this License, the Customer may not otherwise make copies of the SOFTWARE PRODUCT or the printed materials accompanying the SOFTWARE PRODUCT. 7. COMPLIANCE WITH LAW AND EXPORT RESTRICTIONS. The Customer represents and agrees that it does not intend to and will not use, disseminate or transfer in any way the SOFTWARE PRODUCT in violation of any applicable law, rule or regulation of the United States, or any State of the United States or any foreign country of applicable jurisdiction. Without limiting the foregoing, the Customer agrees that it will not export or re-export the SOFTWARE PRODUCT to any country, person, entity or end user subject to U.S. export restrictions. The Customer specifically agrees not to export or re-export the SOFTWARE PRODUCT: (i) to any country to which the U.S. has embargoed or restricted the export of goods or services, which currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria, or to any national of any such country, wherever located, who intends to transmit or transport the products back to such country; (ii) to any end-user who the Customer knows or has reason to know will utilize the SOFTWARE PRODUCT or portion thereof in the design, development or production of nuclear, chemical or biological weapons; or (iii) to any end-user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government. CITY OF BREMERTON AUTOMATED TRAFFIC SAFETY AGREEMENT 26 8. OTHER PROVISIONS. Sections 3, 4, 7, 8, 10, 17, 18, 19, 20, and 22 of the Agreement are hereby incorporated by reference as if herein set forth in full. CITY OF BREMERTON AUTOMATED TRAFFIC SAFETY AGREEMENT 27 EXHIBIT C LEASE AGREEMENT FOR NG SAFETY SYSTEMS This LEASE AGREEMENT (the “Lease”) is part of an agreement (the “Agreement”) (to which a copy of this Lease is attached as Exhibit C) between the Customer named in the Agreement and Novoa Global, Inc. The Parties hereto agree as follows: 1. LEASE. NG hereby leases to the Customer and the Customer hereby leases from NG, subject to the terms and conditions of this Lease, such items of System equipment (together with all attachments, replacements, parts, additions, substitutions, repairs, accessions and accessories incorporated therein and/or affixed thereto, the “Equipment”) that the Customer obtains possession, custody or control of pursuant to the Agreement. 2. USE AND LOCATION. The Equipment shall be used and operated by the Customer only in connection with the operation of the System by qualified employees of and in accordance with all applicable operating instructions, and applicable governmental laws, rules and regulations. The Customer shall not part with control or possession of the Equipment without NG’ prior written consent. 3. CONDITION. NG shall maintain the Equipment in good condition and working order in accordance with Section 5.A of Exhibit A. The Customer shall not damage the Equipment or make any alterations, additions or improvements to the Equipment without NG’ prior written consent unless such alterations, additions or improvements do not impair the commercial value or the originally intended function or use of the Equipment and are readily removable without causing material damage to such Equipment so as to return the Equipment to its original state, less ordinary wear and tear. Any alteration, addition or improvement not removed prior to the return of the Equipment shall without further action become the property of NG, provided, however, that any alterations, additions and improvements which would reduce the value of the Equipment must be removed prior to the return of such Equipment. 4. RETURN. Upon the expiration or earlier termination of the Agreement, the Customer shall allow NG reasonable access to remove the Equipment at NG’ expense. 5. OWNERSHIP, LIENS. The Equipment is and shall at all times be the property of NG. The Customer agrees to take all action necessary or reasonably requested by NG to ensure that the Equipment shall be and remain personal property. Nothing in this Lease, the Agreement or any Exhibit shall be construed as conveying to the Customer any interest in the Equipment other than its interest as a lessee hereunder. If at any time during the term hereof, NG wishes to place on the Equipment labels, plates or other markings evidencing ownership, security or other interest therein, the Customer shall allow NG reasonable access therefore and keep the same displayed on the Equipment. 6. NO CUSTOMER SUBLEASE; ASSIGNMENT. The Customer shall not assign or in any way dispose or otherwise relinquish possession or control of all or part of its rights or obligations under this lease or enter into any sub-lease of all or any part of the equipment without the prior CITY OF BREMERTON AUTOMATED TRAFFIC SAFETY AGREEMENT 28 written consent of NG. 7. OTHER PROVISIONS. Sections 3, 4, 7, 8, 10, 17, 18, 19, 20, and 22 of the Agreement are hereby incorporated by reference as if herein set forth in full. CITY OF BREMERTON AUTOMATED TRAFFIC SAFETY AGREEMENT 29 EXHIBIT D COMPENSATION AND PRICING MONTHLY FEE Pricing for Systems relating to fixed red light photo enforcement shall be as follows:  $3,999.00 per System per month. Pricing for Systems relating to fixed school zone speed photo enforcement shall be as follows:  $2,999.00 per school zone enforcement System per month, 12 months a year. Flashing Beacon. NG acknowledges school zone fixed speed photo enforcement systems will only function during specified times throughout the school day and in accordance with Customer’s flashing beacon system. Temporary Suspensions. In the event of construction by the Customer that causes a continuous disruption of service to an individual System, this Agreement, upon NG’ written request, may be extended. OPTIONAL PRICING At Customer’s option, NG will provide portable photo enforcement services. Pricing for NG Safety Systems relating to portable photo enforcement shall be as follows:  $5,700.00 per system per month BUSINESS ASSUMPTIONS FOR ALL PRICING OPTIONS 1. Customer agrees to pay NG within thirty (30) days after the invoice or Monthly report is received. A monthly late fee of 1.5% is payable for amounts remaining unpaid sixty (60) days from date of invoice or monthly report if such delay is the responsibility of the Customer. 2. Required Payment Convenience Fees will not be considered to be revenue received and are the responsibility of the violator. 3. Required Refund Fees will not be considered to be revenue received and are the responsibility of the violator. 4. Violations if sent to a Collection agency by Novoa Global will have an additional charge as negotiated with the chosen collection agenc y in mutually agreement with the Customer and the court system. NG WARRANTY NG warrants that the fees in this Agreement comply with RCW 46.63.220 and are based only upon the value of the equipment and services provided or rendered in support of the system. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: March 26, 2025 Contract Modification Agreement No. 2 with HDR Engineering, Inc. for the 6th Street Active Transportation Project COUNCIL MEETING Date: April 2, 2025 Department: PW&U-Engineering Presenter: Nick Ataie Phone: (360) 473-2306 SUMMARY: The 2024 – 2029 Capital Improvement Plan includes funding in the current annual budget for design of active transportation and safety improvements on the 6th Street corridor. The scope of work consists of a roadway re-channelization including the addition of continuous bike lanes from west of Wycoff Ave to Washington Ave. The initial agreement with HDR Engineering included site review, public outreach, and development of a conceptual alternative layouts. Contract Modification No. 1 included a time-only contract extension. Contract Modification No. 2 provides additional refinement and evaluation of developed conceptual alternatives including an additional in-person open house meeting, completion of concept design reporting, and development of a refined concept design. Contract Modification No. 2 has been negotiated in the amount of $126,486.22 increasing the overall contract not to exceed amount to $318,236.22. ATTACHMENTS: 1. Project Location Map 2. Contract Modification Agreement No. 2 3. Original Contract (For Reference Only) FISCAL IMPACTS (Include Budgeted Amount): This project is in the Transportation Capital Fund; no budget adjustment is required for this contract modification. STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing MOTION: Move to approve the Contract Modification No. 2 with HDR Engineering, Inc. for the 6th Street Active Transportation Project with a modification on page 7, at the end of the 1st paragraph of section 6; to strike the period and add:”, as determined by counsel.” and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 04/19/2024 6D Updated 4/2/25 11:10 AM www.bremertonwa.gov/1342/6th-Street-Active-Transportation-Improve FOR PROJECT INFORMATION, PLEASE VISIT: 6th Street Active Transportation Improvement Project Page 1 of 2 Contract Modification 002 – 6th Street Active Transportation Improvement Project (Contract # 6735) Rev. 09/2021 CONTRACT MODIFICATION AGREEMENT NO. 002 TO CITY CONTRACT # 6735 BETWEEN THE CITY OF BREMERTON AND HDR ENGINEERING, INC. PROJECT: 6th Street Active Transportation Improvement Project CONSULTANT: HDR Engineering, Inc. (HDR) DATE: April XX, 2025 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE PROFESSIONAL SERVICES AGREEMENT (the "Contract") entered into between the City of Bremerton and HDR Engineering, Inc. on July 15, 2024. All provisions in the Contract shall remain in full force and effect except as expressly modified by this document. For valuable consideration and by mutual consent of the parties, the modifications to the Contract are as follows: I. Section I. Scope , is modified as follows: As amended under “Exhibit A-1” (Scope of Work, Amendment 2) Section II. Term , is modified as follows: The Consultant shall complete the work described in this Contract Modification Agreement within five (5) months from the effective date of this agreement. Section III. Compensation , is modified as follows: The original contract amount was not to exceed $191,751.00. The current contract amount, including all previous amendments is not to exceed $191,751.00. Contract Modification Agreement No. 002 includes additional compensation in the amount of $126,486.22 as provided under “Exhibit C-1” for a total amended contract amount not to exceed $318,236.22. II. Consultant accepts all requirements of this Contract Modification by endorsing below. Consultant further agrees that this Contract Modification constitutes full and final settlement of all of the Consultant’s claims for contract time and for all costs of any kind, including without limitation, costs of delays related to any work either covered or affected by this Contract Modification, claims related to on-site or home office overhead, or lost profits. This Contract Modification does not limit the City’s right to bring a claim for past performance. Page 2 of 2 Contract Modification 002 – 6th Street Active Transportation Improvement Project (Contract # 6735) Rev. 09/2021 The undersigned consultant approves the foregoing Contract Modification as to the changes, if any, in the contract price specified for each item, including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work due to said Contract Modification. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Contract Modification shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a contract modification that is binding on the parties of this contract. In addition, Consultant warrants that it has or will inform the surety of this change, and shall take appropriate action to modify any bonds required under the contract to address this change. IN WITNESS WHEREOF, the parties have executed this Contract Modification on the day and year first written above. City Engineer / Public Works Director approved to process _________________________ (Initials and Date) CONSULTANT THE CITY OF BREMERTON By: By: Print Name: Print Name: Greg Wheeler________ Its: Its: Mayor_____________________ Date: Date: APPROVED AS TO FORM: ATTEST: By: By: KYLIE J. FINNELL, Bremerton City Attorney ANGELA HOOVER, City Clerk NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Robert Acevedo, PE, PTOE Nick Ataie, PE Project Manager Project Manager HDR Engineering, Inc. City of Bremerton Engineering Dept. 500 108th Avenue NE, Suite 1200 345 6th Street, Suite 100 Bellevue, WA 98004-5549 Bremerton, WA 98337-1891 R:\Legal\Legal\Forms\FORMS ON COBWEB\Contract Modification Rev. 09 2021.docx EXHIBIT A-1 SCOPE OF WORK - Amendment 2 555 110th Avenue Suite 1200 Bellevue, WA 98004 (425) 450-6200 6th Street Active Transportation Improvements Project (E 11th St/Kitsap Way to Washington Ave) City of Bremerton Scope of Work Amendment 2 March 2025 555 110th Avenue Suite 1200 Bellevue, WA 98004 (425) 450-6200 6th Street ATI Project i Scope of Work Table of Contents Anticipated Project Implementation Schedule ........................................................... 1 Contract Duration .......................................................................................................... 1 Proposed Improvements .............................................................................................. 1 Major Milestone Schedule ............................................................................................ 2 Project Assumptions .................................................................................................... 2 Design Standards and References .............................................................................. 2 Task 1 Project Management ......................................................................................... 3 Task 2 Quality Assurance / Quality Control ................................................................ 4 Task 3 Data Collection / Review of Existing Information ........................................... 4 Task 4 Public and Stakeholder Involvement ............................................................... 4 4.01 Communications Plan ............................................................................. 4 4.02 Project Materials ..................................................................................... 4 4.03 Stakeholder Interviews ............................................................................ 4 4.04 Virtual Online Open House ...................................................................... 4 4.05 In-Person Open House ............................................................................ 4 Task 5 Alternatives Development ................................................................................ 5 5.01 Pedestrian / Bicycle Facility Alternative Development ............................. 5 5.02 Protected and Enhanced Intersection concepts at Naval Ave/ 6th Street . 6 5.03 Center Turn Lane Evaluation ................................................................... 6 5.04 Refined Alternative Development (City Workshop) .................................. 6 5.05 Alternative Assessment ........................................................................... 6 Task 6 Preliminary Engineering ................................................................................... 7 Task 7 Design Report .................................................................................................... 8 Task 8 Management Reserve Fund (MRF) .................................................................. 8 6th Street ATI Project 1 Scope of Work SCOPE OF WORK HDR Engineering, Inc. (CONSULTANT) will provide design services to the City of Bremerton (CITY) for the Project known as 6th Street Active Transportation Improvements (ATI) Project (PROJECT). This Scope of Services document (SCOPE) shall be used to plan and conduct the work on the PROJECT as described herein or as amended by written Agreement between the CONSULTANT and CITY. Anticipated Project Implementation Schedule The Project is partially funded with the Preliminary Engineering Phase funded by CITY capital funds allocated as part of the 2024 budget. Construction funding is unsecured but has been requested by the CITY under the 2025-2027 WSDOT Pedestrian and Bicycle Grant Program to fully fund the project. While construction funding is currently unsecured, the CITY is seeking to have the project design completed, and construction funding secured, by 2026. Contract Duration For Contract Amendment 2, the contract scope duration is estimated at 5 months from the CITY’s issuance of Notice to Proceed expected in April 2025. Future amendment to extend contract and include PS&E and bidding support. Proposed Improvements Proposed Improvements for 6th Street are anticipated to include: o Implementation of a roadway re-channelization along the project limits.  Typical reduction to one general-purpose vehicle thru lane in each direction re-allocating space from existing general-purpose vehicle thru lanes and/or on-street parking.  Provide a center two-way left-turn lane and/or dedicated left-turn lanes west of Park Ave, as determined necessary by a technical evaluation that considers safety, access, traffic operations, and engineering judgment.  Providing an on-street bike lane with green pavement markings in each direction with buffers and/or pre-manufactured vertical elements where determined feasible per the project scope and design parameters.  Update intersection channelization to accommodate proposed bike facilities, turning lanes, transit access, and pedestrian access, as warranted by a technical evaluation considering safety, access, and traffic operations. · Evaluate options at the Naval Ave / 6th Street intersection for a protected intersection design or an enhanced intersection with dedicated bike facility elements.  Reconfiguration and/or modification to existing on-street parking (east of Park Ave). o Minor spot modification of curb, gutter, and sidewalk where required. No widening or narrowing of existing curb-to-curb street width. 6th Street ATI Project 2 Scope of Work o Spot pedestrian crossing enhancements including installation of Rectangular Rapid Flashing Beacon (RRFB) crossings and center median treatments. o Traffic signal equipment modifications to accommodate the proposed roadway re-channelization. o Signal timing optimization at signalized intersections including provisions for bicycles and pedestrians as determined based on evaluation. Major Milestone Schedule The following are major schedule milestones for the project (Amendment 2): Notice to Proceed April 2025 Refined Alternatives Development (Roll Plot) June/July 2025 Second In-Person Public Outreach Meeting & Survey August 2025 Preferred Alternative Roll Plot (Post open house) September 2025 30% Design Submittal (Roll Plot) TBD Future Amendment 60% Design Submittal TBD Future Amendment 90% Design Submittal TBD Future Amendment 100% Design Submittal TBD Future Amendment Bid Phase TBD Future Amendment Project Assumptions 1. This scope assumes that a subsequent amendment will include design services and any additional services required following the selection of a preferred alternative under this amendment. 2. This scope does not include any additional survey work. The CITY-provided survey will be used as the base file for design. Design Standards and References The Amendment modifies the following to update to the latest edition, amendments, and revisions (as of execution of this AGREEMENT) of the following publications, where applicable, including: State Publications: 2025 Standard Specifications for Road, Bridge, and Municipal Construction (M 41-10) 2024 Department of Ecology Stormwater Management Manual for Western Washington 6th Street ATI Project 3 Scope of Work American Association of State Highway and Transportation Officials (AASHTO): Guide for the Development of Bicycle Facilities, 2024, 5th Edition. Other Publications: Urban Bikeway Design Guide, NACTO; 2025, 3rd Edition It shall be the responsibility of the CONSULTANT to obtain copies of county, state, AASHTO and other publications. Works shall be prepared in English units and performed in accordance with the procedures and requirements set forth in the latest editions (excluding metric editions), amendments and revisions of each publication. The Consultant shall determine the applicable design standards and/or design best practices for the project as approved by the CITY. Design elements that do not meet the applicable design standards and/or best practices shall be identified and communicated to the CITY. The CONSULTANT shall follow the CITY’s guidelines in documenting Design Variances and maximum extent feasible (MEF) design documentation. Task 1 Project Management Task 1 is modified to include additional time for project PM and Accountant to execute the amendment, update project budget, billings, and invoicing throughout the life of the contract. Task 1 Assumptions: 1. 10 Bi-weekly progress meetings held virtually or at CITY Engineering offices as needed. 2. All other meetings will be attended by CONSULTANT, project manager and appropriate support staff as necessary and assumed virtually. 3. The CONSULTANT will be responsible for exhibits and presentations for the PROJECT team meetings as needed. 4. A contract amendment kickoff meeting will be attended by the CONSULTANT, project manager and up to two (2) discipline leads. Other staff may participate via conference call. This meeting will replace one of the Bi-weekly meetings. 5. Develop alternative project delivery schedules, up to two (2) (with ROW and without ROW) 6. Earned Value update with monthly invoicing. 7. This scope includes up to 5 monthly invoices. Task 1 Deliverable(s): 1. Project Meeting, Agenda and Minutes. 2. Monthly Progress Reports, Invoices, Meeting Minutes, Action Items and Meeting Agendas. 3. Project Delivery Schedule (2 alternatives) (Draft and Final) 6th Street ATI Project 4 Scope of Work Task 2 Quality Assurance / Quality Control Task 2 is modified to add additional QA/QC effort for submittal review for the below design submittals. Task 2 Deliverables 1. Completed Review Ledger with each submittal. 2. Bluebeam mark ups. Task 3 Data Collection / Review of Existing Information No change to this task from original scope Task 4 Public and Stakeholder Involvement Task 4 is modified to add additional public outreach and stakeholder engagement to the project. 4.01 Communications Plan No change to this task from original scope 4.02 Project Materials The Consultant will update content for the project fact sheet and a project mailer. 4.03 Stakeholder Interviews This amendment adds additional time to hold individual follow up meetings with key stakeholders. 4.04 Virtual Online Open House No change to this task from original scope 4.05 In-Person Open House This amendment adds scope for a second in-person open house. This will be a two (2) hour in- person event at a venue along the corridor, CITY PM to lead the effort supported by CONSULTANT team. CONSULTANT to provide updated content and review for CITY hosted online survey. CONSULTANT to provide a summary memorandum documenting the in-person event and feedback received. CITY Responsibilities 1. Participate in project team coordination meetings. Meetings accounted for in Bi-weekly project meetings. 2. Coordinate and manage invoicing related to any mailers (postcards, mailers, etc.). 3. Host project webpage and manage content updates on the CITY website; provide social media updates on CITY social media accounts. 4. Host virtual survey. 6th Street ATI Project 5 Scope of Work 5. Review and provide direction on the public involvement event or outreach materials. 6. Schedule and initiate the individual stakeholder outreach meetings. 7. Any venue rental fees associated with in-person public outreach. 8. Lead notification efforts for the open houses. Task 4 Assumption(s) 1. CONSULTANT to participate in up to three (3) stakeholder interviews, Stakeholders anticipated to include Kitsap Transit, Bremerton School District, and the Navy. (3 virtual meetings, up to 2 CONSULTANT staff at each meeting). 2. In-Person event to be for a total of three (3) hours, to include set up hosting visitors and tear down, attended by up to three (3) CONSULTANT staff. 3. HDR to provide two (2) corridor length roll plots for the in-person open house. 4. CITY will review and approve all materials prior to distribution/use. Task 4 Deliverable(s) 5. Project Fact Sheet Update (1 draft, 1 final) 6. Update Mailer (1 draft, 1 final) (CITY to print, mail and pay for postage) 7. Content for Stakeholder interviews (questionnaires and project overview graphics) 8. Content for in-person open house (concept design roll plot, existing conditions roll plot, intersection exhibits, and schedule). 9. Documentation of summary of outreach and feedback received included in the design report. Task 5 Alternatives Development 5.01 Pedestrian / Bicycle Facility Alternative Development This amendment adds additional effort to further review alternatives developed during the preliminary phase of the project and specific public input received as shown below: 1. Further evaluation and alternative refinement including use of pre-manufactured vertical elements within proposed bike lane buffers and adjacent to bike lane edge markings along proposed bike lanes without buffers. 2. Further evaluation and alternative refinement for channelization and traffic operations at the intersection of 6th Street and Warren Avenue. 3. Further evaluation and alternative refinement for channelization and traffic operation east of Park Avenue. 4. Further evaluation of signalized intersection operation project-wide including considerations for use of leading pedestrian intervals (LPI) and phase restrictions. 6th Street ATI Project 6 Scope of Work 5.02 Protected and Enhanced Intersection concepts at Naval Ave/ 6th Street CONSULTANT to conduct further evaluation and refine alternatives for channelization and traffic operations at the 6th Street and Naval Avenue intersection. This includes consideration of future multimodal improvements along Naval Avenue and evaluation of alternatives incorporating fully protected intersection designs and dedicated bike lane elements to support an enhanced multimodal intersection. Develop design options, identify applicable design standards, assess potential impacts, and apply selection criteria to support decision-making. 5.03 Center Turn Lane Evaluation This scope includes further evaluation of converting the existing four-lane section to either (1) a three-lane configuration with a two-way center turn lane or (2) a two-lane configuration without a dedicated turn lane. The analysis will address basic operational impacts, conceptual access and vehicle routing considerations, and a qualitative discussion of potential traffic diversion. No in- depth origin-destination study will be performed. A moderate comparison of the three-lane and two-lane alternatives—focusing on both operational and safety differences—will also be provided to inform decision-making. 5.04 Refined Alternative Development (City Workshop) Based on additional evaluation and alternatives developed under Task 5.01, the CONSULTANT will hold an alternatives workshop to discuss and document potential feasible alternatives for the PROJECT. The meeting will be held at CITY’s office. CONSULTANT subject matter experts (SMEs) will participate, along with designers from the CONSULTANT team. CITY staff to determine appropriate CITY personnel to attend. Feasible alternatives will be presented to the public and stakeholders as developed under Task 4 (Public and Stakeholder Involvement). Workshop material will consist of an advanced concept design level roll plot developed under Task 6. 5.05 Alternative Assessment This amendment adds additional effort related to assessment of refined alternatives developed under Task 5.01. CONSULTANT will conduct operational analysis of different intersection channelization using City provided Synchro models and volume data. CONSULTANT will apply the screening criteria and methodology to the refined alternative development and design directive and document as part of the design report. Task 5 Assumption(s): 1. Traffic analysis is limited to reviewing minor changes in channelization to intersection operations. Understanding of LPI impacts and phasing for bike signal detection. 2. Center turn lane evaluation does not include extensive origin/destination analysis for calculated access impacts and will not quantify diversion potential. 6th Street ATI Project 7 Scope of Work 3. This scope assumes the use of the existing Synchro model provided by the CITY. Any new data needed will be collected and provided by the CITY. 4. Workshop to be held at the offices of the CITY. Workshop to be up to two (2) hours in duration and attended by up to three (3) CONSULTANT staff. 5. CONSULTANT will provide materials to facilitate the meeting. Material to consist of one (1) roll plot (PDF) and electronic presentation. 6. CONSULTANT will document the meeting by producing meeting notes. Task 5 Deliverable(s): 1. Presentation materials, developing graphics and other content. One (1) roll plot (1:40 scale plots) sketches, diagrams, and other graphics, as needed to support the overall development of each of the alternatives, for use in CITY Workshop. 2. Planning level opinion of probable construction cost (OPCC) and long-term operational cost considerations. 3. Brief Traffic Analysis Memo summarizing the findings of the signalized intersection operations based on the analysis of alternative channelization. 4. Two-way Left Turn technical memo, summarizing the analysis and documenting the findings. (Draft and Final) 5. Meeting summary including comments or considerations associated with each concept generated at the meeting. 6. Compiled Review Comments Task 6 Preliminary Engineering This amendment includes additional efforts to advance the concept design determined in Task 5 to a level for CITY concurrence. The design will encompass channelization, roadway cross- sections, signal modifications, and key roadway signage, providing a more detailed and refined layout to garner buy-in and support further development. The final alternative will not be determined until after the second in-person open house, ensuring that public input is considered before finalizing the selection. Task 6 Assumption(s): 1. Only one alternative (determined from Task 5) will be advanced to a concept design level. This will include the options for widening buffered areas where feasible. 2. Incorporate CITY provided survey and base mapping, develop cumulative existing conditions from 6th Street pavement preservation projects. Task 6 Deliverable(s): 1. One advance concept design roll plot in PDF format, including existing base mapping, existing right of way, channelization, delineation, and signal improvements. Up to one (1) roll plot (1:40 scale) (PDF). 6th Street ATI Project 8 Scope of Work Task 7 Design Report This amendment includes additional efforts for documenting the expanded alternative analysis, documenting the public outreach process, and capturing the support and input from the CITY during the workshop, as well as finalizing the design report after selection of the alternative to move forward. Amendment accounts for effort for developing and finalizing a protected or delineated bike lane (PBL) review and application of methodology for Bicycle Level of Traffic Street (BLTS), WSDOT standards and best practices. PBL narrative to be included in the design report. Task 7 Deliverables: 1. Draft Design Report. 2. Final Design Report Task 8 Management Reserve Fund (MRF) This amendment adds additional Management Reserved Fund (MRF) to the contract. A MRF (dollar amount per contract) is to be utilized only for unforeseen added work that is not included in this AGREEMENT. The CONSULTANT will obtain written authorization from the AGENCY prior to doing any work under MRF. CONSULTANT compensation for work done under MRF must be approved by the AGENCY prior to doing the work. EXHIBIT C-1 COMPENSATION - Amendment 2 FEE ESTIMATE City of Bremerton: Bremerton_6th Street ATI Task # Task Description Total Labor Total Expenses Total Subconsultants Total Fee 1 Project Management $13,378 $0 $0 $13,378 2 QA/QC $7,417 $0 $0 $7,417 3 Data Collection $0 $0 $0 $0 4 Public and Stakeholder Involvement $10,374 $0 $0 $10,374 5 Alternatives Development $50,230 $0 $0 $50,230 6 Preliminary Engineering $8,891 $0 $0 $8,891 7 Design Report $11,281 $0 $0 $11,281 9 30% Design $0 $0 $0 $0 10 60% Design $0 $0 $0 $0 11 Final Design $0 $0 $0 $0 12 Signal Timing $0 $0 $0 $0 13 Street Lighting Analysis $0 $0 $0 $0 14 Bidding Phase Assistance $0 $0 $0 $0 0 Expenses $0 $1,012 $0 $1,012 $101,571 $1,012 $0 $102,583 23,903.22$ 126,486.22$ Management Reserve Fund LABOR ESTIMATE, HDR ENGINEERING STAFFCity of Bremerton: Bremerton_6th Street ATIAcevedo, Robert CAnders, Eric JBarney, Hayley LynnHarper, Jennifer KFinn, Maureen CKrzeminski, James MMagee, Brian GNapiorkowski, Tomasz William (Tom)Parenteau, Trevor MichaelPi, Jake Sung JoonTotal Labor Total Labor DollarsContract Title / Project RoleTransportation Engineer 5Transportation Engineer 5Administrative Assistant 5Transportation Engineer 5Communications Consultant 3Transportation Engineer 5Transportation Engineer 5Transportation Engineer 3Drafting Technician 3Transportation Engineer 5Labor HoursTotal Labor DollarsBilling Rate288.62 233.57 124.87 238.59 144.89 265.61 249.83 165.85 116.89 213.521 21 0 32 0 0 0 4 14 0 0 71 13,378.08$ Project Mgmt Plan / Quality Mgmt Plan / HASP 2 2577.24$ Coordination Meetings and Monitoring 14 4 14 327,361.90$ Invoicing / Status Reporting / EV / Work Plan 5 32 375,438.94$ Subconsultant Management 0-$ 2 2 0 0 16 0 8 0 4 2 0 32 7,416.74$ Alternatives Material and Roll Plot 1 8 4 2 153,591.48$ Open House Material 1 8 4 2 2 173,825.26$ 30% Submittal 0-$ 60% Submittal 0-$ 90% Submittal 0-$ 100% Submittal 0-$ 3 0 0 0 0 0 0 0 0 0 0 0 -$ 4 12 0 0 0 8 0 6 20 8 0 54 10,373.66$ 4.01 Comm Plan 1 8 91,447.74$ 4.02 Project Materials 4 8 122,481.28$ 4.03 Stakeholder Interviews 3 4 71,529.26$ 4.04 Virtual Online Open House 0-$ 4.05 In-person Open House and prep 4 6 8 8 264,915.38$ 5 24 0 0 0 0 0 24 158 0 52 258 50,230.14$ 5.01 Ped/Bike Alt Development 4 8 80 9216,421.12$ 5.02 Protect and Enhanced Intersection concept at Naval Ave / 6th Street 4 8 24 6 428,414.64$ 5.03 Center Turn Lane Evaluation 4 32 8 448,169.84$ 5.04 Refined Alt (City Workshop) 4 8 14 2 285,902.06$ 5.05 Alternatives Assessment 0-$ Traffic Analysis 8 8 36 5211,322.48$ 6 8 0 0 0 0 0 8 22 8 0 46 8,891.42$ Advanced Concept Design 8 8 22 8 468,891.42$ 7 8 0 0 0 12 0 6 32 0 2 60 11,280.86$ Draft Design Report 6 8 4 24 427,870.56$ Final Design Report 2 4 2 8 2 183,410.30$ Task Total Hours 75.00 0.00 32.00 16.00 20.00 8.00 48.00 250.00 18.00 54.00 521.00Task Total Fee 21,646.50$ -$ 3,995.84$ 3,817.44$ 2,897.80$ 2,124.88$ 11,991.84$ 41,462.50$ 2,104.02$ 11,530.08$ 101,570.90$ Project Management QA/QCData Collection Public and Stakeholder Involvement Alternatives Development Preliminary Engineering Design Report ProjectManager Docusign Envelope ID:660CD6B6-27BC-4E36-B377-54C9BA135313 AGENDA BILL CITY OF BREMERTON 4 LCITYCOUNCIL SUBJECT: Study Session Date: June 26, 2024 Professional Services Agreement with HDR COUNCIL MEETING Date: July 3, 2024 Engineering, Inc. for Design of the 6th Street Department: PW&U-Engineering Active Transportation Improvement Project Presenter: Nick Ataie Phone: (360) 473-2306 SUMMARY: The 2024—2029 Capital Improvement Plan includes funding in the current annual budget for design of active transportation improvements on the 6th Street corridor. The scope of work consists of a roadway rechannelization including the addition of continuous bike lanes from west of Wycoff Ave to Washington Ave. The Engineering Division issued a solicitation for engineering services for the project in December 2023 and selected HDR Engineering, Inc. as the most qualified firm in March 2024. An initial contract in the amount of$191,751.00 has been negotiated to include site review, alternatives development, stakeholder/public outreach, and development of a conceptual preferred alternative layout. A contract supplement will be negotiated and presented to City Council in late 2024 upon the conclusion of this initial contract and includes remaining design development based on scope of the preferred alternatives. ATTACHMENTS: 1) Project Location Map 2) Professional Services Agreement 3) Presentation FISCAL IMPACTS (Include Budgeted Amount): This project is in the Transportation Capital Fund; no budget adjustment is required. STUDY SESSION ACTION: 0 Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the Professional Services Agreement with HDR Engineering, Inc. for Design of the 6th Street Active Transportation Improvement Project; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/09/2021 Docusign Envelope ID:660CD6B6-27BC-4E36-B377-54C9BA135313 PROFESSIONAL SERVICES AGREEMENT 6u' Street Active Transportation Improvement Project City Project No. 315060 The City of Bremerton ("City") and HDR Engineering, Inc. ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: L Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated June, 2024, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.H of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. IL 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 $191,751.00. Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment and will pay all undisputed amounts within 30 days following receipt of Consultant's invoice. 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. Page 1 of 8 Brem erton/HDR Engineering,Inc. 6th Street Active Transportation Improvement Project (Project No. 315060) Docusign Envelope ID:660CD6B6-27BC-4E36-B377-54C9BA135313 IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other Consultants. 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, to the extent, arising out of or in connection with the Consultant's wrongful or negligent acts, errors, or omissions in the performance of this Agreement except for that portion of the injuries and damages caused by the City's sole negligence, subject 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. In the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. Page 2 of 8 Brem erton/HDR Engineering,Inc. 6th Street Active Transportation Improvement Project (Project No. 315060) Docusign Envelope ID:660CD6B6-27BC-4E36-B377-54C9BA135313 The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-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 redacted 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. Page 3 of 8 Brem erton/HDR Engineering,Inc. 6th Street Active Transportation Improvement Project (Project No. 315060) Docusign Envelope ID:660CD6B6-27BC-4E36-B377-54C9BA135313 The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a redacted copy of the insurance policy with all endorsements as evidence of coverage. Redactions shall be limited to personally identified information of employees, salary information and proprietary information unless otherwise subsequently agreed to in writing by the city and the consultant. 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 redacted 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 Bellevue, 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. Page 4 of 8 Brem erton/HDR Engineering,Inc. 6th Street Active Transportation Improvement Project (Project No. 315060) Docusign Envelope ID:660CD6B6-27BC-4E36-B377-54C9BA135313 All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. C. Use of Photographs and Images. Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. D. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials,tools, or other articles used or held for use in connection with the work. E. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Bellevue, 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. L 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: Nick Ataie, P.E. Attn: Robert Acevedo, PE, PTOE City of Bremerton - Engineering HDR Engineering, Inc 345 6t' Street, Suite 100 500 108th Avenue NE, Suite 1200 Bremerton, WA 98337-1891 Bellevue, WA 98004-5549 Page 5of8 Brem erton/HDR Engineering,Inc. 6th Street Active Transportation Improvement Project (Project No. 315060) Docusign Envelope ID:660CD6B6-27BC-4E36-B377-54C9BA135313 J.Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. K. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. M. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. N. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. O. Assignment: Any assignment of this agreement by the Consultant without the written consent of the City shall be void. VIII. Equal Employment Opportunity Statement: In the hiring of employees for the performance of work under this Agreement, the Consultant, its subConsultants, or any person acting on behalf of Consultant shall not discriminate in any employment practice on the basis of age (40+), sex,race, creed, color, national origin, sexual orientation/gender identity, marital status, military status, or the presence of any physical, mental or sensory disability. IX. ADA Statement: The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment and admission to participation in the programs, services and activities of the City of Bremerton. Reasonable accommodation for employees or applicants for employment will be provided. X. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non-performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is Page 6 of 8 Brem erton/HDR Engineering,Inc. 6th Street Active Transportation Improvement Project (Project No. 315060) Docusign Envelope ID:660CD6B6-27BC-4E36-B377-54C9BA135313 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 damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction, provided that consultant may retain an archival copy of such records and data for its project files, subject to confidential treatment. 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 O n '.' ,41 TON HDR ENGINEERING, INC DocuSigned by:. B . F By:.• BA.F 16095E-8.E7 17B... y: Print Name: Greg Wheeler Print Name: 8B205922 cMF.Fe r ri e r Its: Mayor Its: Vice President Date: 7/15/2024 Date:7/15/2024 Page 7 of 8 Bremerton/HDR Engineering,Inc. 6th Street Active Transportation Improvement Project (Project No. 315060) Docusign Envelope ID:660CD6B6-27BC-4E36-B377-54C9BA135313 APPROVED AS TO FORM: ATTEST: ocuSigned by:DocuSigned by: By: 64yu".t,(, a By: NstAAc.V' b2AeIS'Ebs8 l tsu4oz... Kylie J. Finnell, Bremerton City Attorney Angela oo2 er;` Ti y clerk R:\Legal\Legal\Forms\FORMS ON COBWEB\Professional Services Agreement Rev.04 2023.docx Page 8 of 8 Bremerton/HDR Engineering,Inc. 6th Street Active Transportation Improvement Project (Project No. 315060) Docusign Envelope ID:660CD6B6-27BC-4E36-B377-54C9BA135313 EXHIBIT A SCOPE OF WORK Docusign Envelope ID:660CD6B6-27BC-4E36-B377-54C9BA135313 6th Street Active Transportation Improvements Project E 11 th St/Kitsap Way to Washington Ave) City of Bremerton Scope of Work June 2024 500 108th Avenue NE Suite 1200 Bellevue, WA 98004-5549 425) 450-6200 Docusign Envelope ID:660CD6B6-27BC-4E36-B377-54C9BA135313 Table of Contents Background 1 Purpose 1 Anticipated Project Implementation Schedule 1 Contract Duration 1 Proposed Improvements 1 Major Milestone Schedule 2 Project Assumptions 2 Design Standards and References 3 Task 1 Project Management 5 1.01 Project Work Plan 5 1.02 Progress Meetings 6 1.03 Project Schedule 6 1.04 Progress Reports 6 1.05 Monthly Invoices 7 1.06 Project Change 7 1.07 Subconsultant Coordination 7 Task 2 Quality Assurance 1 Quality Control 8 Task 3 Data Collection 1 Review of Existing Information 9 3.01 Information Review 9 3.02 Develop Design Criteria 9 3.03 Existing Conditions Audit/ Site Walk 9 3.04 Inventory Signal Equipment 10 Task 4 Public and Stakeholder Involvement 10 4.01 Communications Plan 11 4.02 Project materials 11 4.03 Pre-design stakeholder interviews 11 4.04 Virtual Online Open House 11 4.05 In-Person Open House & Online Survey 11 Task 5 Alternatives Development 13 5.01 Pedestrian / Bicycle Facility Alternative Development 13 5.02 Preliminary Alternatives Generation (City Workshop) 13 5.03 Alternative Assessment 14 Task 6 Preliminary Engineering 14 6.01 Pedestrian / Bicycle Facility Alternative Design 15 6.02 Roadway Design 15 6th Street ATI Project i Scope of Work Docusign Envelope ID:660CD6B6-27BC-4E36-B377-54C9BA135313 F) Task 7 Design Report 16 Task 8 Management Reserve Fund (MRF) 16 6th Street ATI Project ii Scope of Work Docusign Envelope ID:660CD6B6-27BC-4E36-B377-54C9BA135313 LL SCOPE OF WORK HDR Engineering, Inc. (CONSULTANT) will provide design services to the City of Bremerton CITY) for the Project known as 6th Street Active Transportation Improvements (ATI) Project PROJECT). This Scope of Services document (SCOPE) shall be used to plan, conduct, and complete the work on the PROJECT as described herein or as amended by written Agreement between the CONSULTANT and CITY. Background The 6th Street Active Transportation Improvements Project has been identified as a priority improvement supporting safety and multimodal connectivity through a re-channelization ("road diet") of the 6th Street corridor. 6th Street has been previously studied by the CITY and identified as the recommended east-west corridor for a re-channelization based on vehicle demand, topography, and availability of alternate parallel corridors including 11th Street and Burwell Street (SR 304). The proposed re-channelization for 6th Street generally includes conversion of the roadway from 4-lanes to 3-lanes with continuous on-street bike lanes. These improvements will connect previously constructed on-street bike lanes along Kitsap Way completed in 2022) to Washington Avenue providing improved east-west active transportation connectivity. Purpose The Project will improve corridor safety and multi-modal operations with continued community engagement by developing context sensitive solutions to the opportunities and challenges identified in the CITY's corridor planning efforts. The planned improvements (including but not limited to signal optimization, intersection improvements, added continuous on-street bike lanes, roadway re-channelization, and pedestrian enhancements) will improve the safety along the corridor. Anticipated Project Implementation Schedule The Project (as of early 2024) is partially funded with the Preliminary Engineering Phase funded by CITY capital funds allocated as part of the 2024 budget. Right-of-Way funding (if required) and Construction funding is unsecured, and the CITY will be seeking grant funding to fully fund the project. While the timing of construction funding is unknown, the CITY is seeking to have the project "shovel ready" by the end of 2025. Contract Duration The project duration is estimated to extend into 2026/2027 (dependent on actual construction timeline). An initial preliminary engineering phase will include corridor evaluation tasks. For this initial phase, the contract scope duration is 6 months. A subsequent contract amendment/ modification is anticipated which will expand the scope of work through development of final plans, specifications, and estimates (PS&E) and include support, as necessary, for subsequent project phases. Proposed Improvements Proposed Improvements for 6th Street are anticipated to include, but are not limited to: o Implementation of a pavement re-channelization along the project limits. 6th Street ATI Project 1 Scope of Work Docusign Envelope ID:660CD6B6-27BC-4E36-B377-54C9BA135313 LLFY Reduction to one thru lane in each direction. Providing revised roadway channelization at signalized intersections. Installation of on-street bike lanes in each direction. Providing a center two-way left-turn lane outside of signalized intersections (west of Park Ave). Reconfiguration and/or modification to existing on-street parking (east of Park Ave) o Minor modification of curb, gutter, and sidewalk where required. o Pedestrian crossing enhancements as appropriate/warranted. o Access management upgrades as appropriate/warranted near intersection improvements. o Modifications to roadway illumination as appropriate/warranted. o Traffic signal equipment modifications and improvements to accommodate the proposed roadway re-channelization and bicycle detection. o Signal timing optimization at signalized intersections. o Interface between improvements and private properties where required. o Interface between bike lanes and transit stops as appropriate. o Side street improvements were required to facilitate connection to 6th Street. o The improvements will take place within existing CITY right-of-way (ROW) to the maximum extent feasible. o Address barriers to ADA access along the corridor. Major Milestone Schedule The following are major schedule milestones for the project: Notice to Proceed July 2024 Stakeholder Interviews July 2024 Virtual Open House July 2024 Draft Alternatives August 2024 City Workshop August 2024 In Person Public Outreach Meeting September 2024 Preferred Alternative and Design Report November 2024 Project Assumptions 1. Digital files exchanged with the CITY shall be compatible with the CITY's current version of AutoCAD, Microsoft Project and Microsoft Word or as agreed with the CITY. 6th Street ATI Project 2 Scope of Work Docusign Envelope ID:660CD6B6-27BC-4E36-B377-54C9BA135313 LLFY 2. The CITY will provide to the CONSULTANT pertinent information in the CITY's possession relating to the Project. The CONSULTANT will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. 3. As a component of the scope of work, the CONSULTANT will deliver electronic copies of the Contract Documents or data (the "Electronic Files") for all deliverables. Final written reports and memoranda will be delivered in Portable Document Format (PDF). 4. In providing opinions of cost, financial analyses, economic feasibility projections, and schedule for the project, the CONSULTANT will have no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that might affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by operating personnel or third parties; and other economic and operational factors that might materially affect the ultimate project cost or schedule. The CONSULTANT, therefore, will not warranty that the actual project costs, financial aspects, economic feasibility, or schedules will not vary from the CONSULTANT's opinions, analyses, projections, or estimates. 5. The standard of care applicable to the CONSULTANT's services will be the degree of skill and diligence normally employed by professional engineers or consultants performing the same or similar services at the time said services are performed. The CONSULTANT will re-perform any services not meeting this standard without additional compensation. Design Standards and References The project shall be developed in accordance with the latest edition, amendments, and revisions as of execution of this AGREEMENT) of the following publications, where applicable, including but not limited to: City of Bremerton Publications: City of Bremerton Engineering Design & Construction Standards City of Bremerton ADA Transition Plan (2016) City of Bremerton Municipal Code City of Bremerton Stormwater Management Program (SWMP), 2019 City of Bremerton Previous Adopted or Final Studies and/or Plans State Publications: 2024 Standard Specifications for Road, Bridge, and Municipal Construction (M 41-10) WSDOT/APWA Standard Specifications and Local Agency General Special Provisions (GSPs) Standard Plans for Road, Bridge, and Municipal Construction (M 21-01) Design Manual (M 22-01.13) Hydraulic Manual (M 23-03) 2019 Department of Ecology Stormwater Management Manual for Western Washington Standard Item Table WSDOT Highway Runoff Manual (M 31-16) 6th Street ATI Project 3 Scope of Work Docusign Envelope ID:660CD6B6-27BC-4E36-B377-54C9BA135313 LLFY WSDOT Environmental Manual (M 31-11) WSDOT Traffic Manual (M 51-02.08) WSDOT Local Agency Guidelines (M 36-63.32) WSDOT Active Transportation Program Design Guide American Association of State Highway and Transportation Officials (AASHTO): A Policy on Geometric Design of Highways and Streets ("Green Book"); 2018, 7th Edition Guide for the Development of Bicycle Facilities, 2012, 4th Edition. U.S. Department of Transportation Publications: Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD) (11th Edition March 6, 2024) Other Publications: National Electric Code Book of American Society for Testing and Materials Standards ITE Trip Generation (9th Edition) Highway Capacity Manual (6th Edition), Transportation Research Board Urban Street Design Guide, NACTO Urban Bikeway Design Guide, NACTO It shall be the responsibility of the CONSULTANT to obtain copies of county, state, AASHTO and other publications. Works shall be prepared in English units and performed in accordance with the procedures and requirements set forth in the latest editions (excluding metric editions), amendments and revisions of each publication. The Consultant shall determine the applicable design standards for the project as approved by the CITY. Any design elements that do not meet the applicable design standards shall be identified and communicated to the CITY. The CONSULTANT shall follow the CITY's guidelines in documenting Design Variances and maximum extent feasible (MEF) design documentation. 6th Street ATI Project 4 Scope of Work Docusign Envelope ID:660CD6B6-27BC-4E36-B377-54C9BA135313 LL Task 1 Project Management 1 .01 Project Work Plan An updated Project Work Plan shall be submitted to the CITY by the CONSULTANT. The CITY will review the draft Project Work Plan and provide comments to the CONSULTANT. The CITY shall also hold a kick-off meeting to review the Project Work Plan with CITY staff who will be part of the project team. The CONSULTANT shall submit the final version of the Project Work Plan to the CITY. The Project Work Plan will contain general project information establishing baselines and describing project delivery protocol and expectations. The Project Work Plan shall include but not be limited to the following major elements: o Project Background o Scope of Work o Project Team and Stakeholders o Schedule/Project Milestones o Change Management o Communications Plan o Risk Plan o Project Budget and Planned Expenditures Project Background The Project Background will include a brief narrative of the history of the 6th Street corridor PROJECT and will describe goals, objectives, and success measures for the PROJECT as further defined in this SCOPE. Scope of Work The Project Work Plan shall contain the PROJECT scope and amendments as necessary. Project Team and Stakeholders This section of the Project Work Plan shall contain contact information for project team members and major stakeholders. It shall include a brief description of the roles and responsibilities of PROJECT staff in the form of a responsibility matrix. Schedule / Project Milestones The Project Work Plan shall contain the approved baseline schedule (in Microsoft Project) or Excel milestone schedule for the PROJECT developed by the CONSULTANT. The schedule shall include major activities in the Scope, establish and clearly display the critical path elements of the work, and forecast completion of the SCOPE through Project completion. Change Management Plan The Project Work Plan shall contain a change management plan that identifies the method to changes of the scope, budget, or Schedule. The process used to resolve potential changes consists of the following steps: 1. Communication of need for Change: Understanding and direction for change. 2. Change Documentation: Indicate the type and source of change on the Project Change Record, as well as any other appropriate information. 6th Street ATI Project 5 Scope of Work Docusign Envelope ID:660CD6B6-27BC-4E36-B377-54C9BA135313 LLFY 3. Change Authorization: Change authorization shall be made according to the Design Decision Matrix. 4. Work Plan Revisions: The project work plan shall be revised prior to undertaking the change work to avoid misunderstandings and poor project performance. The change shall be monitored using the project's established control tools. Communications Plan The Project Work Plan shall contain a Communications Management Plan. The Communications Management Plan shall describe how communications will take place between PROJECT team members during the PROJECT. The CITY shall be kept informed of all communications and shall be present at meetings between the CONSULTANT and project stakeholders. Risk Plan The Risk Management Plan will detail the processes for identifying, assessing, and mitigating potential risks throughout the PROJECT. It will outline preventive actions and contingency plans to address risks, ensuring they are managed effectively. The CITY will be a contributor to identify risk. Potential risk items will be discussed during regular project meetings. Project Budget and Planned Expenditures The Project Work Plan shall contain a copy of the baseline fee estimate prepared for the approved SCOPE. The CONSULTANT shall develop and maintain cost control procedures that track and monitor budget expenditures and cost-to-complete information using earned value. Will be documented as part of monthly progress reporting. 1 .02 Progress Meetings Progress meetings shall be conducted as follows: The CONSULTANT shall hold bi-weekly progress meetings with CITY staff and key CONSULTANT team members to discuss the PROJECT status, elements of the work plan, status of action items, and to discuss progress of the design and resolve any outstanding PROJECT issues that might affect the delivery of the PROJECT. Draft meeting agendas will be developed by the CONSULTANT in advance of the meeting and sent to the CITY for review. Meeting summaries and action items for the CONSULTANT, CITY, and others associated with the work shall be prepared by the CONSULTANT and provided within three (3) working days of each meeting. Subconsultant project managers shall also attend these meetings as requested. 1 .03 Project Schedule Project schedule shall be developed by the CONSULTANT to establish Baseline Start and Baseline Finish dates for tasks and deliverables under this AGREEMENT and shall be submitted to the CITY for review and approval, prior to commencement of any work under this AGREEMENT. The project schedule shall be developed using Microsoft Project software or Excel spreadsheet and shall show a critical path leading to the agreed upon deliverables. The schedule for this project shall be updated quarterly. 1 .04 Progress Reports 6th Street ATI Project 6 Scope of Work Docusign Envelope ID:660CD6B6-27BC-4E36-B377-54C9BA135313 LLFY The CONSULTANT shall prepare and submit a Progress Report with each invoice. The Progress Report shall summarize: o Work accomplished during the billing period. o Work to be accomplished in the next billing period. o Meetings attended. o Problems/issues encountered, and actions taken for their resolution. o Potential impacts to project schedule, budget, or scope. o Issues requiring CITY's action, attention, and resolution. 1 .05 Monthly Invoices Monthly Invoices for work completed will be submitted to the CITY. Backup information such as time and expense records for the CONSULTANT and SUBCONSULTANTS shall be submitted with each invoice. The CITY will discuss the work accomplished by the CONSULTANT and will review the percent complete assessments for each task item in the Earned Value Worksheet. The CONSULTANT'S updated schedule shall be submitted with the Monthly Invoices. 1 .06 Project Change The CONSULTANT shall obtain written authorization from the CITY before implementing any change to this AGREEMENT scope of work, schedule, or budget. Changes shall be documented in the monthly progress report. 1 .07 Subconsultant Coordination The CONSULTANT shall not subcontract for the performance of any work under this AGREEMENT without prior written permission of the CITY. The CONSULTANT shall coordinate with SUBCONSULTANTs regarding contracting procedures, shall prepare and execute contracts with individual SUBCONSULTANTs, and shall address contract-related issues with the SUBCONSULTANTs as they arise during the project. The work of the SUBCONSULTANT shall not exceed its maximum amount payable unless the CITY has issued prior written approval. Either a percent of the SUBCONSULTANT agreement or direct labor should be noted for administrative costs in the fee estimate and invoices. Subcontracts shall contain applicable provisions of this AGREEMENT. Task 1 Assumptions: 12 Bi-weekly progress meetings held virtually or at CITY Engineering offices. All other meetings will be attended by CONSULTANT, project manager and appropriate support staff as necessary. The CONSULTANT shall be responsible for exhibits and presentations for the PROJECT team meetings as needed. The project kickoff meeting will be attended by the CONSULTANT, project manager and up to three (3) Discipline leads. Other staff may participate via conference call. Two (2) schedule updates (roughly once per quarter) 6th Street ATI Project 7 Scope of Work Docusign Envelope ID:660CD6B6-27BC-4E36-B377-54C9BA135313 LLFY Earned Value update with monthly invoicing. Task I Deliverable(s): 1. Project Kickoff Meeting, Agenda and Minutes. 2. Project Work Plan and project schedule. 3. Monthly Progress Reports, Invoices, Meeting Minutes, Action Items and Meeting Agendas. Task 2 Quality Assurance I Quality Control The CONSULTANT shall follow the Quality Control Plan Developed for the project. Quality Control will be provided prior to each submittal to the CITY to ensure CONSULTANT's design work follows city, state, and national standards. Final work submitted to the CITY shall be stamped and signed by a professional engineer in the State of Washington. 30%, 60%, and 90% Plans, Specs, and Estimate shall not be signed and will be marked "Not for Construction". The CONSULTANT will upload submittals to the project OneDrive Shared folder provide and managed by the CONSULTANT. The CITY will coordinate with PROJECT stakeholders to download and review submittals as deemed appropriate in accordance with the Project Work Plan. The CITY will summarize PROJECT stakeholder comments on each plan submittal and transmit the comments to the CONSULTANT in a single consolidated document. The CONSULTANT shall respond to the CITY's comments in the document by indicating the actions taken on each comment. Design work submitted for review must be complete to the level appropriate for each part of the design. Submittals containing incomplete or unclear information will be returned to the CONSULTANT without further review. The CONSULTANT shall make such changes and revisions as necessary to correct errors without additional compensation. CITY Responsibilities 1. The CITY will summarize the PROJECT team's review comments of each plan submittal and transmit the comments to the CONSULTANT as Bluebeam mark ups. The CONSULTANT will respond in BB as well as transpose to a comment ledger for tracking. The CONSULTANT shall respond to the CITY's comments in the Review Ledger by indicating the actions taken on each comment. The CONSULTANT shall verify CITY comments have been addressed (or provide written response as to why the changes have not been made). Bluebeam mark ups documenting responses will be returned to the CITY for project records. Task 2 Assumptions: 1. For initial contract any comments from the review effort will be discussed between the CITY and the CONSULTANT during regular schedule bi-weekly meetings. Task 2 Deliverables 1. Quality Assurance Checklist (All Design Submittals). 2. Completed Review Ledger with each submittal. 3. Bluebeam roll plot mark ups. 6th Street ATI Project 8 Scope of Work Docusign Envelope ID:660CD6B6-27BC-4E36-B377-54C9BA135313 LL Task 3 Data Collection I Review of Existing Information Objective The purpose of this task is to collect, review, and compile all available documents related to the project and identify areas where further research and mapping are needed and summarize what additional information is needed for project development. 3.01 Information Review Collect and review available documents from the CITY including: 1. Available records of previously modified and/or constructed projects (scanned data, reports, and CAD files). 2. Plans, specifications, and as-built information for the CITY 6th Street Preservation projects and any updated material for Phase 3 (estimated construction Summer 2024). 3. Available existing topographical and right-of-way survey information. 4. All completed and in-progress City utilities and street maps, plans and studies regarding the project area, access via GIS portal. 5. Latest City of Bremerton Design Standards, Policies, and Pre-approved Plans. 3.02 Develop Design Criteria The CONSULTANT shall review, confirm, and document the roadway design criteria to be used for the project, including the roadway geometry design criteria to be used on the project. The roadway criteria will be CITY, AASHTO, and STATE standards. Recommended modifications to CITY standards shall be approved by the CITY and documented. In areas where design criteria is unavailable, CONSULTANT may reference and use good engineering judgment leveraging best practices from applicable resources such as NACTO. 3.03 Existing Conditions Audit 1 Site Walk The CONSULTANT will conduct a complete walking audit of the corridor between Kitsap Way/ 11th Street and Washington Ave. Existing conditions, facility deficiencies, constraints, and safety concerns will be identified. Previous crash analyses completed will be reviewed prior to the walking audit to focus on intersection and crosswalk (marked and unmarked) areas with prior crashes. Field inventories will be conducted along the length of the corridor and at all the intersections in the study area to determine street geometry including lane widths, lane use configurations, driveway access, traffic control devices/restrictions, curbside regulations/on- street parking, permitted movements at each intersection, and peak hour driver, pedestrian, and cyclist behavior. During the site visits, multimodal operations within the corridor will be observed and all existing features related to bicycle and pedestrian facilities documented for inclusion in base mapping and exhibits. In addition to physical features the audit will focus on observed driver behavior and travel patterns. The audit will be conducted for up to three (3) conditions identified in the following list: PM Peak hour overlapping school and shipyard release. AM Peak hour overlapping school arrival. 6th Street ATI Project 9 Scope of Work Docusign Envelope ID:660CD6B6-27BC-4E36-B377-54C9BA135313 LLFY Evening hour when streetlights are on. 3.04 Inventory Signal Equipment A complete inventory of the existing traffic signal systems at eight intersections will be conducted. Proposed configuration from 6th Street Preservation Phase 3 project will be assumed as project existing conditions. The inventories will include: the length of mast arms and existing signal head locations, signal head configurations, push button and ped head locations, existing phasing, existing controller and cabinet types and their ability to operate in changed configurations. We will also work with City staff to evaluate the existing conduit and wiring via visual inspection to determine if major reconstruction will be necessary to implement revised phasing or pole relocations. Location and condition of existing safety lighting and street lighting will be documented. Signal timing plans will be obtained from the CITY for all signalized intersections within the study area. CITY Responsibilities 1. Provide all available information in timely fashion. 2. Assist CONSULTANT in obtaining information from regulatory and resource agencies, utility providers and other CITY departments. Task 3 Assumptions: 1. No new traffic data will be collected as part of this scope of work. 2. All necessary information regarding location and depth of bury for underground CITY utilities is available, accurate and readily attainable from CITY records. 3. CITY will provide any current design plans and details if available for the 6th Street pavement preservation projects in preferably AutoCAD, Civil 3D format for use and coordination with this project. 4. CONSULTANT to provide all materials needed for coordination with Naval Ave: 1st Street to 15th Street Pedestrian & Bicycle Enhancement Project. 5. The draft design criteria will be circulated once within the CITY for comment prior to establishing the final design criteria. Task 3 Deliverables: 1. Background (To be included as part of Design Report) listing the available information that was collected, remaining information needed, and any out-of-scope work required. 2. Design Criteria (To be included as part of Design Report) 3. Existing Conditions and Inventory (To be included as part of Design Report). Task 4 Public and Stakeholder Involvement Objective The objective of this task is to assist the CITY with Public and Stakeholder Outreach and Involvement efforts by providing strategic advice, staffing support, material content and 6th Street ATI Project 10 Scope of Work Docusign Envelope ID:660CD6B6-27BC-4E36-B377-54C9BA135313 LLFY facilitation services to support the CITY's efforts in providing information to and receiving input from the general community. 4.01 Communications Plan CONSULTANT will develop a Communications Plan before beginning outreach. This Communications Plan will identify approaches for effectively informing and involving all audiences, outreach tools and methods, inclusive outreach strategies, and key messaging. CONSULTANT will develop a work plan of methods once the Communications Plan is approved. CONSULTANT will develop a public involvement strategy that outlines the outreach process for the project's design phase and how public input will be used to inform the development of the design. The plan will also identify a simple public outreach schedule. This plan would be developed after the pre-design interviews to use what was learned to better inform what should be included in the plan. 4.02 Project materials The Consultant will develop content for a project fact sheet and update the fact sheet up to two times during the first phase of the project. Develop content for additional project materials, including mailers, open house notifications, etc. Effort not to exceed the details in Task 4 deliverables. 4.03 Pre-design stakeholder interviews Schedule and conduct in-person and/or Virtual interviews with key stakeholders to further understand the breadth of concerns and interests related to the project and how they would like to be engaged during design. Support will include, developing questions, organizing the appropriate project materials, and documenting input received during the interviews. 4.04 Virtual Online Open House CONSULTANT will work with CITY and project staff to develop a presentation to provide an initial project overview and update to the public. This will be a one hour live online meeting. The CITY PM will lead the effort with presentation outline, format, presentation drafting/finalization, and expectations, this will be supported by the CONSULTANT team. The virtual presentation will be held on Zoom as a Meeting or Webinar. The CONSULTANT will support with notification and developing a summary of the presentation afterwards. This online open house will occur prior to the alternatives generation process (Task 5). 4.05 In-Person Open House & Online Survey In-person event to have staggered start times to facilitate business owners' input and input from residents. This will be a two (2) hour in-person event at a venue along the corridor, CITY PM to lead the effort supported by CONSULTANT team. CONSULTANT to develop a Comment form (survey) to help understand 1) community priorities, issues, and needs and 2) input on draft alternatives. These will be available at the in-person event as well as online and available for three (3) weeks for comment. 6th Street ATI Project 11 Scope of Work Docusign Envelope ID:660CD6B6-27BC-4E36-B377-54C9BA135313 LLFY This in-person open house will occur after the initial design concepts development defined under Task 6. Feedback from this in-person open house will be incorporated into the chosen design alternative and the design report. CITY Responsibilities 1. Participate in project team coordination meetings. 2. Coordinate and manage invoicing related to any mailers (postcards, mailers, etc.). 3. Host project webpage and manage content updates on the CITY website; provide social media updates on CITY social media accounts. 4. Review and provide direction on the public involvement plan and all subsequent event or outreach materials. 5. Schedule and initiate the individual stakeholder outreach meetings. 6. Any venue rental fees associated with in-person public outreach. 7. Lead notification efforts for the open houses. Task 4 Assumption(s) 1. The Communications Plan will include a list of stakeholders, outreach methods, demographic analysis supporting outreach methods, key messages, identifying potential impacts and risks, and detailed roles and responsibilities. This plan will include a business outreach plan that includes roles and responsibilities for the project team and a business outreach strategy. 2. Consultant will have one (1) planning meeting with the City of Bremerton specific to the communication plan. Meeting will be for up to one (1) hour and attended by up to three 3) CONSULTANT staff. 3. Once the Communications Plan is approved, CONSULTANT will develop a workplan. 4. CONSULTANT to participate in up to three (3) pre-design interviews, Stakeholders anticipated to include Kitsap Transit, Bremerton School District, City of Bremerton. (3 virtual meetings, up to 2 CONSULTANT staff). 5. In-Person event to be for a total of three (3) hours, to include set up hosting visitors and tear down, attended by up to three (3) CONSULTANT staff. 6. The online comment form will be hosted on infocommunity.org platform. 7. The City of Bremerton will review and approve all materials prior to distribution/use. Task 4 Deliverable(s) 1. Communications Plan with business Outreach Plan (1 planning meeting, 1 draft, 1 final) 2. Project Fact Sheet (1 draft, 1 final, up to 2 updates) 3. Workplan (up to 2 updates) 4. Online Comment Form (hosted on infocommunity.org) (1 drafts, 1 final, up to 1 update) 5. Mailer (1 draft, 1 final, up to 2 updates) (CITY to print, mail and pay for postage) 6. Content for Stakeholder interviews (questionnaires and project overview graphics) 7. Virtual Online Open House, Agenda, presentation and talking points. (1 draft, 1 final) To include one prep meeting held virtually attended by up to three (3) CONSULTANT staff. 6th Street ATI Project 12 Scope of Work Docusign Envelope ID:660CD6B6-27BC-4E36-B377-54C9BA135313 LL 8. Content for in-person open house (role plot, intersection exhibits, and schedule). 9. Documentation of summary of outreach and feedback received included in the design report. Task 5 Alternatives Development Objective The objective of this task is to evaluate and document feasible design alternatives to develop an optimal design that improves corridor safety and mobility for all road users, eliminates or minimizes ROW acquisition needs, and considers input from the public and project stakeholders. These alternatives will consider feedback from the pre-design stakeholder interviews and virtual online open house event. 5.01 Pedestrian I Bicycle Facility Alternative Development The objective of this subtask is to identify opportunities and constraints related to accommodating people walking, rolling or cycling along the 6th Street corridor. HDR will then formulate and evaluate alternatives using a best value approach, obtain feedback from the public and project stakeholders where appropriate, and identify preferred alternatives to bring through design. The CONSULTANT shall develop alternatives for bicycle and pedestrian improvements throughout the corridor, based on: 1. Data Collection and Review of existing information, performed under task 3. 2. Input provided during the pre-design, stakeholder interviews and virtual online open house. Performed under Task 4. 3. The CONSULTANT shall perform a context-based connectivity assessment which considers connections to destinations, ADA accessibility, impacts to existing development/ Street frontage, forward compatibility with future street improvements and access management. Information included in this assessment will inform the development of design alternatives. 4. The CONSULTANT shall identify opportunities and constraints within the corridor and work with the design team to assess options for allocating ROW to accommodate comfortable bicycle and pedestrian facilities while considering the safety, mobility, and use of vehicular traffic. As a part of this effort, the CONSULTANT shall review signal phasing information provided by the CITY and identify potential operational changes that can enhance user comfort and reduce potential multi-modal conflicts. Information included in the analysis will inform the development of design alternatives. 5.02 Preliminary Alternatives Generation (City Workshop) Based on alternatives developed under Task 5.01, the CONSULTANT shall hold an alternatives workshop to discuss and document potential feasible alternatives for the PROJECT. The meeting will be held at CITY's office. CONSULTANT subject matter experts (SMEs) will participate, along with designers from the CONSULTANT team. CITY staff to determine appropriate CITY personnel to attend. 6th Street ATI Project 13 Scope of Work Docusign Envelope ID:660CD6B6-27BC-4E36-B377-54C9BA135313 LL 5.03 Alternative Assessment The CONSULTANT, in collaboration with the CITY and based on input from project stakeholders, shall develop the criteria and methodology to be used in screening alternatives. The criteria shall be clearly separated into three categories. Level 1 - Fatal Flaw (not viable). Level 2 - Feasible, but significantly impacts project scope, cost, timeline, maintenance ability may be viable, but we would need internal buyoff and would need to communicate the challenges with the public) Level 3 - Feasible and in alignment with project scope, cost, timeline (viable) Task 5 Assumption(s): 1. SCOPE does not include any traffic analysis. CITY to provide traffic analysis provided by 3rd party. SCOPE assumes up to ten (10) hours for review and coordination of material. 2. Up to two (2) coordination meetings with CITY PM prior to workshop attended by up to three (3) CONSULTANT staff to plan, discuss and review content of workshop materials. 3. Workshop to be held at the offices of the CITY. Workshop to be two (2) hours in duration and attended by up to three (3) CONSULTANT staff. 4. CONSULTANT shall provide materials to facilitate the meeting. Material to consist of one 1) roll plot and electronic presentation. 5. CONSULTANT shall document the meeting. Task 5 Deliverable(s): 1. Connectivity Assessment (To be included as part of Design Report). 2. Opportunities and Constraints (To be included as part of Design Report). 3. Development of evaluation criteria. Preliminary alternatives analysis, including development of conceptual drawings for each alternative and an evaluation (to be included as part of the Design Report) based on evaluation criteria identified with the CITY and through stakeholder outreach. 4. One (1) draft and final Preliminary Alternatives Screening (To be included as part of the Design Report) submitted for review and comment. 5. Presentation materials, developing graphics and other content. Up to two (2) roll plots 1:40 scale plots) sketches, diagrams, and other graphics, as needed to support the overall development of each of the alternatives. 6. Planning level construction cost estimate and long-term operational cost considerations. 7. Meeting summary including any comments or considerations associated with each concept generated at the meeting. 8. Compiled Review Comments Task 6 Preliminary Engineering This task to is to further refine and develop the selected alternatives from Task 5. The CONSULTANT shall prepare roll plots showing the existing, and each of the proposed alternatives, typical roadway sections, and project limits to approximately a 5% design level, to 6'Street ATI Project 14 Scope of Work Docusign Envelope ID:660CD6B6-27BC-4E36-B377-54C9BA135313 LLFY present at the in-person open house and online survey (Task 4.05 and aid the evaluation and screening efforts for the preferred alternative. Design features to be included at this stage are proposed channelization, 2D civil work, existing signal poles and cabinets, proposed signal poles and cabinets, and barrier and constraints such as utility poles. 2D line work to be overlaid aerial imagery. 6.01 Pedestrian I Bicycle Facility Alternative Design Finalize Alternatives: Using findings from Task 5 (Alternatives Development) and through review with CITY staff, the CONSULTANT will further refine up to two (2) alternatives to present at the in-person open house and online survey (Task 4.05). Upon receipt of the CONSULTANT/CITY comments, the CONSULTANT will refine the alternatives for presentation to public. The CONSULTANT will incorporate public input related to bicycle and pedestrian facilities and assist the CONSULTANT and the CITY effectively screen the project alternatives. 6.02 Roadway Design The CONSULTANT for each of the alternatives shall plot on separate roll plots, the existing ROW limits, proposed ROW limits, 2D civil design, and proposed channelization. Task 6 Assumption(s): 1. Up to two (2) meetings with the CITY may be required to complete the preliminary screening process. Up to two (2) CONSULTANT staff to attend. 2. Evaluate up to 2 corridor length alternatives. These alternatives will be "packaged" approaches —each of which would incorporate a larger bundle of improvements corridor wide specific to segment and location, rather than a specific improvement. 3. On street bike lanes will be the only bike infrastructure considered. Variations and integration of bike lanes will be the focus of the alternatives analysis. 4. Alternatives analysis will include options for spot location alternatives that work in coordination with the overall corridor alternatives. 5. Only one alternative (preferred alternative) will come out of the screening process but may include combinations of several spot location alternatives. 6. The conceptual design/preferred alternative through the selection of the preferred alternative (5% design). Task 6 Deliverable(s): 1. Up to two (2) refined conceptual corridor geometric alternatives, including spot location alternatives where applicable. 2. Presentation materials, developing graphics and other content. Two (2) roll plots (1:40 scale plots) sketches, diagrams, and other graphics, as needed to support the overall development of each of the alternatives. 3. Planning level construction cost estimate and long-term operational cost considerations. 6'Street ATI Project 15 Scope of Work Docusign Envelope ID:660CD6B6-27BC-4E36-B377-54C9BA135313 LLrYZ Task 7 Design Report The CONSULTANT shall complete a Draft Design Report. The design report will be a culmination of all previous sections and serve as an endorsement of the project's design criteria design elements and shall include but not limited to the following items: o Executive Summary o Project Background (Defined Under Task 3) o Summary of Stakeholder coordination process and Design Criteria (Defined Under Task 3) o Existing Conditions and Inventory (Defined Under Task 3) o Inventory of Existing deviations from standards (Defined Under Task 3) o Stakeholder and Public Involvement Summary (Defined under Task 4) o Connectivity Assessment (Defined Under Task 5) o Opportunities and Constraints (Defined Under Task 5) o Preliminary Alternatives Screening (Defined Under Task 5) o Alternative Analysis (Defined Under Task 5) o Preferred Alternative (Defined Under Task 6) o Construction cost estimate. Design Report is a living document and intended to be further refined at later intervals to be defined in future amendment. Task 7 Deliverables: 1. One draft Design Report. 2. Comment response and resolution ledger. 3. One final Design Report. Task 8 Management Reserve Fund (MRF) A Management Reserved Fund (MRF) (dollar amount per contract) is to be utilized only for unforeseen added work that is not included in this AGREEMENT. The CONSULTANT shall obtain written authorization from the AGENCY prior to doing any work under MRF. CONSULTANT compensation for work done under MRF must be approved by the AGENCY prior to doing the work. 6th Street ATI Project 16 Scope of Work Docusign Envelope ID:660CD6B6-27BC-4E36-B377-54C9BA135313 EXHIBIT B WORK SCHEDULE REFER TO EXHIBIT A) Docusign Envelope ID:660CD6B6-27BC-4E36-B377-54C9BA135313 EXHIBIT C FEE SCHEDULE Docusign Envelope ID:660CD6B6-27BC-4E36-B377-54C9BA135313 LABOR ESTIMATE,HDR ENGINEERING STAFF City of Bremerton: Bremerton_6th Street Active Transportation Improvements F31Napiorkowski,Acevedo,Robert Barney,Hayley Liu,Yiwen Parenteau, Harper,Jennifer C Lynn Tom( Tom) z William Magee,Brian G ( Jenny) Trevor Michael K Transportation Administrative Transportation Drafting Technician Transportation Project Role Engineer 5 Assistant 5 Traffic Designer Engineer 5 Traffic EIT 3 Engineer 5 Total Labor Total Labor Dollars Billing Rate 274.12 107.97 157.11 235.55 96.10 109.94 219.20 Hours MGT.MGT100.Se ETR.ETR300.Engi PJM.PJM210.Proj HDR Job Title ction Manager FIN.FIN210.Projec ECI.ECI050.Coord neer ECI.ECI050.Coord BIM.B1M210.BIM ect Manager Team Leader t Accountant 1 inator Civil Transportation Sr inator Civil Specialist Civil 1 Engineering Direct Rates 95.05 37.44 54.48 81.68 33.32 = 38.12 76.01 Project Management 111 i5IP 91 $ 1.1 Project Work Plan 4 4 8 $ 1,528.36 1.2 Progress Meetings 12 6 18 $ 4,232.10 1.3 Project Schedule 1 3 4 $ 745.45 1.4 Progress Reports 8 12 20 $ 3,488.60 1.5 Monthly Invoices 6 24 30 $ 4,236.00 1.6 Project Change 2 2 $ 548.24 1.7 Subconsultant Coordination 2 4 3 9 $ 1,451.45 mlilmi rance/Quality Control II lir . 1 0 In I 2 0 18 21 $ 2.1 QA/QC 1 2 18 21 $ 4,533.94 collection/Review of Existing Information 116 in=I0 _' 60 12 I I 0 88 $ M'Irlirrir 3.1 Information Review 4 4 $ 628.44 3.2 Develop Design Criteria 4 16 4 24 $ 4,552.44 3.3 Existing Conditions Audit/Site Walk&Prep 8 20 8 36 $ 7,219.56 3.4 Inventory Signal Equipment 4 20 24 $ 4,238.68 4 PIM and MMErt 24 _I I- 32_I II II II 4.1 Communications Plan 2 2 $ 548.24 4.2 Project Materials 2 4 6 $ 1,176.68 4.3 Pre-design Stakeholder Interviews 6 8 14 $ 2,901.60 4.4 Virtual Online Open House 6 2 8 $ 1,958.94 4.5 In-Person Open House&Online Survey 8 18 26 $ 5,020.94 Alternative Analysis T 42 0 140 24 58 8 -1 0 272 $45,614.96 5.1 Pedestrian/Bicycle Faclity Alternative Development 22 80 12 40 8 162 $26,149.56 5.2 Preliminary Alternatives Generation(City Workshop)&Prep 8 20 4 32 $ 6,277.36 5.3 Alternative Assessment 12 40 8 18 78 $13,188.04 Il Preliminary Engineering 20 111 108 22 0 178 $28,954.26 6.1 Pedestrian/Bicycle Faclity Alternative Design 16 60 4 18 98 $16,484.52 6.2 Roadway Design(5%Design,update Role plot) 4 48 6 22 80 $12,469.74 0 $ 0 $ Design Report 8 1111 .40 AM M 0 iiia 78 $11,360.36 Draft Report 4 20 20 44 $ 6,160.68 Comment Review/Response 2 4 6 $ 1,176.68 Final Report 2 16 10 28 $ 4,023.00 I Task Total Hoursll 146.00 II 44.00 II 394.00 II 46.00 II 106.00 II 30.00 II 18.00 II 784.00 II I I Task Total Fee II$ 40,021.52 II$ 4,750.68 II$ 61,901.34 II$ 10,835.30 ll$ 10,186.60 II$ 3,298.20 II$ 3,945.60 II II$ 134,939.24 I c:\pwworking\nat\d0224601\Bremerton 6th Street ATI ESTIMATE.xlsm Printed 6/4/202411:04 AM Docusign Envelope ID:660CD6B6-27BC-4E36-B377-54C9BA135313 EXPENSES City of Bremerton: Bremerton_6th Street Active Transportation Improvements I-3 Mileage/mile(2024) Copies/Page 11x17 Color Miscellaneous Q o U Y Q a a L 0 .Travel Office Expenses Miscellaneous u_ of 0 s 0 a 0 OTHER DIRECT COSTS o Each Each Each Unit Cost 0.670 0.900 250.000 0.000 3.70 0.00% 0.00% Project Management Quantity 0 0 0 0 0.00 Task Total 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Quality Assurance/Quality Control 11.W Quantity 0 50 0 0 0.00 Task Total 0.00 45.00 0.00 0.00 0.00 0.00 45.00 0.00 45.00 Bata Collection/Review of Existing Information I QuantityTask0 50 2 0 0.00 Total 0.00 45.00 500.00 0.00 0.00 0.00 545.00 0.00 545.00 wL_Iiii ublic and Stakeholder Involvement Quantity 0 0 1 0 0.00 Task Total 0.00 0.00 250.00 0.00 0.00 0.00 250.00 0.00 250.00 5 .alternative Analysis Quantity 0 50 0 0.00 Task Total 0.00 45.00 0.00 0.00 0.00 0.00 45.00 0.00 45.00 Preliminary Engineering 11= l Quantity 0 50 0 0.00 Task Total 0.00 45.00 0.00 0.00 0.00 0.00 45.00 0.00 45.00 Design Report Quantity 0 0 0 0 0.00 Task Total 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1-71111F- M• -.11 11 1111F-- Quantity 0 0 0.00 Task Total 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total ODC $180.00 $ 750.00 $0 $930.00 $930.00 All mileage will be billed at the current IRS mileage rate I c:\pwworking\nat\d0224601\Bremerton 6th Street ATI ESTIMATE.xlsm Docusign Envelope ID:660CD6B6-27BC-4E36-B377-54C9BA135313 SUBCONSULTANTS City of Bremerton: Bremerton_6th Street Active Transportation Improvements I-3 Stepherson & N Associates Y as 7 Cv3 0_ H p H c L SUBCONSULTANTS 0 co3 co 3 co 0.00% Project Management 1= M Task Total 0.00 0.00 0.00 0.00 Quality Assurance/Quality Control I Task Totall I 0.00 0.00 0.00 Data Collection / Review of Existing Information Task Totall 0.00 I 0.00 0.00 0.00 I 1 I Task Totall 38,382.80 38,382.80 0.00 38,382.80 Alternative Analysis I Task Totall 0.00 I 0.00 0.00 0.00 6 Preliminary Engineering I Task Totall 0.00 I 0.00 0.00 0.00 Design Report I Task Totall 0.00 I 0.00 0.00 0.00 0 I Task Totall 0.00 I 0.00 0.00 0.00 Total Subconsultants $ 38,382.80 0 $ 38,382.80 $ 38,382.80 c:\pwworking\nat\d0224601\Bremerton 6th Street ATI ESTIMATE.xlsm Docusign Envelope ID:660CD6B6-27BC-4E36-B377-54C9BA135313 FEE ESTIMATE City of Bremerton: Bremerton_6th Street Active Transportation Improvements Task# Task Description Total Total Total Total Total For Total For Labor Escalation Expenses Subconsultants Proposal Proposal 1 Project Management 16,230 0 0 0 16,230 2 Quality Assurance/Quality Control 4,534 0 45 0 4,579 3 Data Collection/Review of Existing Information 16,639 0 545 0 17,184 4 Public and Stakeholder Involvement 11,606 0 250 38,383 50,239 5 Alternative Analysis 45,615 0 45 0 45,660 6 Preliminary Engineering 28,954 0 45 0 28,999 7 Design Report 11,360 0 0 0 11,360 134,938 0 930 38,383 174,251 0 Management Reserve Fund 17,500.00 $ c:\pwworking\nat\d0224601\Bremerton 6th Street ATI ESTIMATE.xlsm Page 1 Docusign Envelope ID:660CD6B6-27BC-4E36-B377-54C9BA135313 May 24,2024 I STEPHERSON&ASSOCIATES COMMUNICATIONS ij COMMUNICATIONS City of Bremerton 6th Street Active Project Principal Associate 11 PM Senior Associate 1!Transportation Improvements (May-September (Darcy) Aliah) Associate 1(TED) Associate 1(TED) Project Controls DAQC Graphics&Creative Multiplier 2024) Item SCOPE OF WORK 176.43 113.41 112.40 112.40 199.30 176.43 155.38 1.0000 Task 2-Public and Stakeholder Involvement Task 2.1.1 Project management and coordination(4 mtgs) 4 16 12 4,912 Task 2.1.2 Communications Plan(business outreach plan included) 1 18 8 6 2 4,144 Task 2.1.3 Project materials 3 20 18 4 5 20 9,260 Factsheet(up to 2 updates) 1 8 6 2 2 10 Breakdown of Mailer/additional promotions(up to 2 updates) 1 4 6 2 2 10 Task 2.1.3 Online survey content 1 8 6 1 Task 2.1.4 Pro docign ctakoholdor intorviowc(a r uming up to 3 intorviow ) Task 2.1.5 Virtual Presentation/online meeting 1 12 10 1 4 3,459 Task 2.1.6 In-person open house&online comment form 3 32 22 16 5 30 13,973 In-person open house 2 20 18 12 2 10 Breakdown of Task 2.1.6 Online comment form 1 12 4 4 3 20 Task 2.1.7 Public Outreach Summary Memorandum 1 6 4 2 2 1,884 Labor Subtotal: 13 104 62 28 12 15 54 37,633 Reimbursable ODC's:Printing(as needed),mileage, 750 parking,fen-ies/tolls Total Labor: 13 104 62 28 12 15 54 288 Staff Biling Rates 176.43 113.41 112.40 112.40 199.30 176.43 155.38 Total LOE: 2, e r: 38,382.80 6 TH STREET Active Transportation Improvement Project City Council Meeting April 02, 2025 Nick Ataie, P.E. –PW&U Engineering Division Contract Modification No. 2 with HDR Engineering Agenda Bill Schedule PWC (02/18/25 & 03/24/25) Study Session (03/26/25) The 6th Street Active Transportation Improvements Project has been identified as a priority improvement supporting safety and multimodal connectivity through a re- channelization of the 6th Street corridor PROJECT OVERVIEW & LOCATION CURRENT HDR CONTRACT OVERVIEW Data Collection & Inventory Existing Conditions Audit Design Workshops Design Concept Alternative Development Public & Stakeholder Involvement Concept Design Report (In -Progress) Initial Agreement Contract Not to Exceed Amount: $191,750 Contract Modification No. 1 included a no cost / time only extension through March 2025 HDR CONTRACT MODIFICATION NO. 2 Scope Overview -Revised •Previous Community Input on Presented Alternatives •Bike Lane Vertical Delineation (Corridor-Wide Consideration) •Naval Ave & Warren Ave Intersections (Operations, Channelization, and Safety) •Development of Naval Ave Protected Intersection Design Alternatives •Channelization East of Park Ave Including Reduction in On-Street Parking •Consider Updated NACTO & AASHTO Bike Facility Planning & Design Guidance as Applicable •Specific Evaluation of Left-Turn Lanes Including Center Left-Turn Lanes CONCEPT DESIGN REFINEMENT ADDITIONAL COMMUNITY OUTREACH •Second In-Person Open House and Online Survey (Refined Concept Design) •Additional Coordination with Community Partners FINAL ENGINEERING DESIGN •Development of Complete Plans, Specifications, and Estimates (PS&E) •Design Reports SUPPORT SERVICES •Signal Timing •Lighting Evaluation •Permitting Support •Bid Phase Services Red text indicates revisions made based on March 26 Study Session HDR CONTRACT MODIFICATION NO. 2 Contract Modification Overview and Estimated Schedule Concept Design & Alternatives Refinement Additional In-Person Community Meeting PWC/City Council Informational Presentation & Discussion Completion of Advanced Concept Design & Report Preferred Design Development (30%, 60%, 90% 100%) Spring/Summer 2025 Late Summer 2025 Fall 2025 Fall 2025 To Be Determined Schedule Overview A future contract amendment will be developed for City Council approval pending completion of concept design development The anticipated schedule for final engineering design and construction will depend on multiple factors including scope of work, need for right-of-way acquisition, and availability of funding HDR CONTRACT MODIFICATION NO. 2 Budget Overview City Admin/Exp TSI Traffic Study Design (HDR) Design (HDR-CM2) WSDOT Agreement $95,000 $9,122 $191,750 $126,486 $7,500 Total $429,858 Estimated Remaining Local Revenue $270,142 $50,000 in Right-of-Way expenditures requested (unsecured) through WSDOT Grant. Local Revenue Design Expenditures Current Local Revenue ($700,000) Right-of-Way Expenditures $3,110,000 in Construction expenditures requested (unsecured) through WSDOT Grant. Construction Expenditures •Construction: •Construction Management: ±$2,610,00 0 ±$500,000 Any significant right-of-way acquisition at Naval Ave will exceed amount shown and will require additional revenues Any significant scope additions developed may exceed construction amount shown and will require additional revenues HDR Contract Modification No. 2 Budget: $126,486 NICK ATAIE, PE PROJECT MANAGER – ENGINEERING NICK.ATAIE@CI.BREMERTON.W A.US 360-473-2306 QUESTIONS & DISCUSSION www.bremertonwa.gov/404/Projects 6th Street Active Transportation Improvement Project Published for April 2 Council Meeting Item 3 – Mayor’s Report MAYOR’S REPORT April 2, 2025 Water Management Job Shadowing with Western Washington University Students •3-day immersion in drinking water and stormwater law, policy, and management implemented at the local level •Combination of office-based learning reinforced with tours of facilities and project sites •Participants: •Kathryn Pellar (Junior, B.S. Environmental Science) •Crystal Henderson (Junior, B.A. Natural Resource Management) •Tiffany Tate (Senior, B.S. Environmental Science) •Ansu John (Program Director -College of the Environment –Everett and the Peninsulas) Water Management Job Shadowing with Western Washington University Students “I was blown away by the tremendous tour of the facilities and protection of precious left-alone nature which provide Bremerton’s safe drinking water --now and into the future.” Ansu John, Program Director, Western’s College of the Environment –Everett and the Peninsulas “I walked away with a deeper understanding of the challenges and responsibilities involved in water policy and management. This experience has only strengthened my interest in pursuing a career in environmental work. Your passion for protecting community resources has had a truly lasting impact on me.” Crystal Henderson, Junior, B.A. Natural Resource Management, Western’s College of the Environment –Everett and the Peninsulas 6th Street Preservation Phase 3 Project - Construction Work has started Estimated Completion: 8 months Key Work Happening in April: •Utilities installation (water, sewer, storm) What to Expect During Construction: •Lanes will be reduced to one lane in each direction •Occasional delays and detours –please plan accordingly •Continued access to local businesses and residences •Crews working primarily during weekday hours Public Benefits •Smoother, quieter rides •Fewer potholes and utility breaks •Enhanced Accessibility for all users •Cleaner streets with better drainage Stay Informed https://www.bremertonwa.gov/1225/6th-St- Pavement-Preservation-Phase-III Aerial Map of Project Limits Published for April 2 Council Meeting Public Recognition earlyb mail.com Sent: To: Cc: Subject: From:earlyburt@gmail.com Wednesday, April2,2025 11:43 AM Donna.Colosky@ bremertonschools.org earlyburt@gmail.com Vaccinations Ms Colosky, I am concerned about the low vaccination level in the Bremerton school district. I recently read an article in the Kitsop Sun, Sunday edition March 9,2025 that discussed the low vaccination levels for Bremerton students. I am requesting that you talk to the principals at the schools to contact the parents / guardians to get the nonvaccinated children vaccinated. The ongoing measles outbreak in west Texas and New Mexico is not abating. As of today, there are 444 cases of measles in that region. And now the measles has spread to 16 states. Doing the rough math, there are 4200 students in the Bremerton School District and say only 82% are vaccinated then that leaves about 750 unvaccinated students. lf the all 750 children got the measles, then about 6 to 8 children would die and say about 70 to 90 children would be hospitalized. lf you need assistance, I would suggest that you contact Doctor Gib Morrow, Head Kitsap County Health Officer for guidance and assistance. I would also suggest that you forward or include in your email communications, the new Bremerton School District Superintendent, Dr. Slade McSheehy to keep him in the information loop. I would also suggest that you keep the Bremerton Mayor and Bremerton City Council in the vaccination information status loop Thank youl ! Sincerely, EarlW. Burt 1 Published for April 2 Council Meeting Item 7 – Council Reports COUNCIL DISTRICT 5 Michael Goodnow COUNCIL DISTRICT 6 Anna Mockler