HomeMy WebLinkAbout06/18/2025 CITY COUNCIL AGENDA PACKET______________________________________________________________
CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 - Phone (360) 473-5280
WEDNESDAY, JUNE 18, 2025
CITY COUNCIL MEETING AGENDA
Council Members and staff will be participating in the meeting in -person, and the public is invited to attend.
Or beginning at 5:30 PM, the public may participate remotely through one of the following options:
To stream online only (via BKAT Feed, with no interaction possible):
https://bremerton.vod.castus.tv/vod/?live=ch1&nav=live
Members of the public are invited to join the Zoom Meeting by clicking on the link below:
https://bremertonwa-gov.zoom.us/j/89694813320?pwd=Z0JvSXNhSFp1c0xhL1NxUjRhN20xUT09
Or One tap mobile:
US: +12532050468,,89694813320#,,,,*173061# or +12532158782,,89694813320#,,,,*173061#
Or Telephone: Dial (for higher quality, dial a number based on your current location):
US: +1 253 205 0468 or +1 253 215 8782 or +1 669 444 9171 or +1 669 900 6833
Webinar ID: 896 9481 3320; Passcode: 173061
Public questions or comments may be submitted ahead of time to City.Council@bremertonwa.gov
1. BRIEFING: 5:00 – 5:30 P.M. in COUNCIL CONFERENCE ROOM 603
A. Review of Agenda
B. General Council Business (Only as necessary...)
2. CALL TO ORDER: 5:30 P.M. in FIRST FLOOR CHAMBERS
3. MAYOR'S REPORT
4. CONSENT AGENDA
A. Claims and Check Register
B. Minutes of Council Meeting – June 4, 2025
C. Minutes of Study Session – June 11, 2025
D. Ordinance No. 5515 to amend Bremerton Municipal Code Chapter 10.36.010 entitled “Compression
Brakes Prohibited”
E. Professional Services Agreement with Northwest Hydraulic Consultants, Inc. for the Parish Creek
Fish Passage Barrier Removal Project
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. PUBLIC HEARING
A. Public Hearing and Resolution No. 3399 to adopt the 2026 – 2031 Six Year Transportation
Improvement Program
7. GENERAL BUSINESS
A. Resolution No. 3400 to provide guidance to the Lodging Tax Advisory Committee for 2027
Funding Priorities
8. COUNCIL MEMBER REPORTS
9. EXECUTIVE SESSION
A. 15-Minutes to discuss Potential Litigation as allowed under RCW 42.30.110 (1)(i) With Action
10. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING
Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special
accommodations please contact the City Clerk at (360) 473-5323 at least 24 hours prior to the meeting.
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: N/A
Claims & Check Register COUNCIL MEETING Date: June 18, 2025
Department: Legal Services
Presenter: Angela Hoover
Phone: (360) 473-5323
SUMMARY: Approval of the following checks and electronic fund transfers:
1. Check Numbers 411228 – 411394 and EFT Numbers V43736 - V43838 in the grand total
amount of $5,142,776.30
2. Regular Payroll for pay period ending May 31, 2025 in the amount of $1,149,196.77
3. Regular Payroll payout for pay period ending May 31, 2025 in the amount of $4,587.47
4. Regular Payroll for Teamsters Retro Pay for the pay periods 01/01/2025 through 04/30/2025
in the amount of $176,493.90
ATTACHMENTS:
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
Form Updated 04/19/2024
4A
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT:
Minutes of Council Meeting – June 4, 2025
Study Session Date: N/A
COUNCIL MEETING Date: June 18, 2025
Department: City Council
Presenter: Council President
Phone: (360) 473-5280
SUMMARY: The Minutes for the Council Meeting held on June 4, 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 June 4, 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, June 4, 2025
The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday,
June 4, 2025 at 5:00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER,
345 6th Street, Bremerton, Washington, with Council President Eric Younger presiding. Council
Members present were Anna Mockler, Michael Goodnow, Jane Rebelowski, Jeff Coughlin, Denise
Frey, and Jennifer Chamberlin. At 5:30 PM, the meeting moved to the First Floor Meeting Chambers.
Also present were Assistant City Attorney Brett Jette; City Clerk Angela Hoover; Legislative Office
Manager Anne Williams; and IT Manager Dave Sorensen.
President Younger announced the City Council is conducting the Council Meeting in-person, and
because community involvement is encouraged, the public is invited to also join the meeting in
person or participate via a remote option through Zoom or view on BKAT.
MAYOR’S REPORT – Mayor Wheeler provided highlights of the following:
Armin Jahr Elementary School Replacement Project
MultiCare Neighborhood Emergency Room to open Monday, June 9
Wycoff Ave Wall Art Project
City Sewer Lateral Lining Program
6th Street Preservation Phase 3 Project
CONSENT AGENDA
4A – Check Numbers 411079 through 411227 and Electronic Fund Transfers V43630 through
V43735 in the grand total amount of $2,855,537.47; Regular Payroll for the pay period
ending May 15, 2025 in the amount of $1,153,850.21; Regular Payroll Payout for pay
period ending May 15, 2025 in the amount of $1,154.18; Retiree Payroll and Bremerton
Police Officer Guild Retiree Retro Pay for pay period ending May 31, 2025 in the amount of
$102,913.08; and Regular Bremerton Police Officer Guild Retro Pay for pay periods
January 1, 2024 through December 31, 2024 in the amount of $574,929.37.
4B – Minutes of Meeting – May 21, 2025
4C – Minutes of Study Session – May 28, 2025
4D – Ordinance No. 5514 to approve Extension of Cable Television Franchise Agreement with
Wave Division IV, LLC/Astound Broadband
4E – Contract Award to Sound Pacific Construction, LLC for the Central Bremerton Force Main
Replacement Project
4F – Professional Services Agreement with CONSOR North America, Inc. for the Eastside
Treatment Plant UV Replacement Project
4G – Contract with Active Construction, Inc. for the Kitsap Lake Stormwater Treatment Retrofit
Project
4H – Contract with Active Construction, Inc. for Decommission of Beach Sewer OF-4 to EB-2
4I – Professional Services Agreement with Casey Civil, LLC for Decommission Beach Sewer
from OF-4 to EB-2
4J – Professional Services Agreement with Parametrix, Inc. for Decommission Beach Sewer
from OF-4 to EB-2
Questions and comments from the public were submitted by Joe Camacho, Earl Burt
5:42 PM M/S/C/U (Frey/Chamberlin) Move to approve the CONSENT AGENDA as presented.
City Council Reg. Mtg. Minutes
Wednesday, June 4, 2025
Page 2 of 5
Motion carried unanimously
President Younger announced that as indicated on the Agenda, Public Recognition provides an
opportunity for attendees to address the Council on any issue not already on tonight’s agenda and
provided a reminder that now that it is election season, to refrain from any comments on political
campaigns or ballot measures. There will be no public comments accepted via Zoom, unless prior
arrangements were made through the City Clerk by calling (360) 473-5323 at least 24-hours prior
to the meeting. We only ask that you state your name for the record and please limit your
comments to 3-minutes or less. A timer system will be used so that everyone is treated fairly.
PUBLIC RECOGNITION – Questions and comments from the public were submitted by Peggy
Erickson, Molly Brooks, Joey Hayes, Daphne Gibler, Akuyea Karen Vargas, Jeff Allen,
Wendy Pond, Anonymous, Hannah Andress, Joslyn LaMadrid, Cindy Nally, Karla Cloes,
Robin Weldin, Boney Rothschild, Jose Camacho, Dale Sperling, Gayla Breach, Michaela
Stall, Adrian Wright, Marwan Cameron, Kathie Lustig
GENERAL BUSINESS – There were no General Business items.
PUBLIC HEARINGS
7A – RESOLUTION NO. 3398 TO ADOPT THE 2026 TO 2030 CONSOLIDATED PLAN
PRIORITIES AND THE 2026 CDBG/HOME POLICY PLAN: CDBG Program Administrator Sarah
Lynam summarized that the action before Council is adoption of the Consolidated Plan Priorities
for 2026-2030 & 2026 CDBG/HOME Policy Plan. Funding priorities were determined via
consultation and outreach to agencies and the greater community. The Policy Plan is a document
which is updated yearly which sets parameters for the management of our HUD entitlement grant
awards and provides specific information about the policies and regulations for the use of HUD
CDBG and HOME funds. This plan was released on May 1st for public comment and is open
through May 17th.
President Younger explained the purpose of this Public Hearing is to accept public comment and
action is anticipated.
Questions or comments from the public were provided by Jose Camacho, Robin Weldin,
Michaela Stall, Jeff Allen, Nish Chaudhary.
With no further questions or comments received, President Younger closed the hearing to the
public.
7:07 PM Motion was made by Coughlin; and Seconded by Mockler. Questions or comments were
provided by Coughlin, Mockler, Goodnow, Rebelowski, Chamberlin, Coughlin; with responses
provided by Ms. Lynam and Director of Community Development Andrea Spencer.
7:21 PM M/S/C/U (Coughlin/Mockler) Move to approve Resolution No. 3398 adopting the
Consolidated Plan Funding Priorities for 2026-2030 and the 2026 CDBG/HOME Policy Plan.
Motion carried unanimously
7B – ORDINANCE NO. 5511 TO ADOPT THE CITY OF BREMERTON 2024 COMPREHENSIVE
PLAN, INCLUDING REPEAL AND REPLACEMENT OF THE DOWNTOWN SUBAREA PLAN
AND PUGET SOUND INDUSTRIAL CENTER SUBAREA PLAN: Planning Manager Garrett
Jackson explained that pursuant to the Growth Management Act (GMA) RCW 36.70A.130, the
City of Bremerton is required to do periodic major updates to our Comprehensive Plan. The
Planning Commission unanimously recommended that the City Council adopt the 2024
Comprehensive Plan Update and the associated development regulations that implement the
updated Comprehensive plan following a Public Hearing on April 21, 2025. City Council held a
City Council Reg. Mtg. Minutes
Wednesday, June 4, 2025
Page 3 of 5
public hearing on May 7, 2025, and held Study Sessions on May 14 & May 28, 2025 for
deliberation to shape the final Comprehensive Plan Document for adoption.
President Younger explained the purpose of this Public Hearing is to accept public comment and
action is anticipated.
Questions or comments from the public were provided by: Michaela Stall, Jose Camacho, Robin
Weldin, Travis Merrigan, Gayla Breach, Nish Chaudhary, Kevin Walthall; with responses
provided by Ms. Spencer, President Younger, and Mr. Jackson.
With no further questions or comments received, President Younger closed the hearing to the
public.
7:53 PM Motion was made by Mockler; and Seconded by Chamberlin. Questions or comments
were provided by Mockler, Chamberlin, Frey, Coughlin, Rebelowski.
8:04 PM M/S/C/U (Mockler/Chamberlin) Move to pass Ordinance No. 5511 to adopt the City of
Bremerton 2024 Comprehensive Plan, including the repeal and replacement of the Downtown
Regional Center Subarea Plan and the Puget Sound Industrial Center Subarea Plan.
Motion carried unanimously
7C – ORDINANCE NO. 5512 TO AMEND TITLE 20 OF THE BREMERTON MUNICIPAL CODE
ENTITLED “LAND USE”, COMMONLY KNOWN AS ZONING CODE, TO ADOPT THE OFFICIAL
ZONING MAP, VARIOUS DEVELOPMENT REGULATIONS, AND TO AMEND DEVELOPMENT
REGULATIONS OF ADOPTED SUBAREA PLANS: Planning Manager Garrett Jackson
stated that the Comprehensive Plan is being updated (under separate ordinance) pursuant to the
Growth Management Act’s requirements for periodic update. Pursuant to RCW 36.70A.040 Land
Use development regulations must be updated to be consistent with the newly updated
Comprehensive Plan. The Bremerton Municipal Code (BMC) Title 20 contains the City’s
development regulations, as does our adopted subarea plans, and these regulations are proposed
to be updated with this ordinance.
The Planning Commission unanimously made a recommendation to the City Council to adopt
modifications to Title 20 and subarea plans following a Public Hearing on April 21, 2025. City
Council held a public hearing May 7, 2025, and held Study Sessions on May 14 & May 28, 2025
for deliberation to shape the Planning Commission’s recommendations for final adoption. It is
expected that the City Council will adopt the changes to the City’s development regulations,
subarea plans and adopt the City’s official zoning map, following tonight’s public hearing.
President Younger explained the purpose of this Public Hearing is to accept public comment and
action is anticipated.
Questions or comments from the public were provided by Jose Camacho
With no further questions or comments received, President Younger closed the hearing to the
public.
8:20 PM Motion was made by Frey; and Seconded by Chamberlin. Questions or comments were
provided by Frey, Chamberlin, Rebelowski, Younger; with a response provided by Mr. Jackson.
8:27 PM M/S/C/U (Frey/Chamberlin) Move to approve Ordinance No. 5512 to amend the Title 20
of the Bremerton Municipal Code entitled “Land Use” commonly known as the zoning code,
including adopting the official zoning map and various development regulations of adopted
Subarea Plans. Motion carried unanimously
City Council Reg. Mtg. Minutes
Wednesday, June 4, 2025
Page 4 of 5
7D – ORDINANCE NO. 5513 TO AMEND TITLE 20 OF THE BREMERTON MUNICIPAL CODE
ENTITLED “LAND USE”, COMMONLY KNOWN AS THE ZONING CODE, TO IMPLEMENT
MARKET-BASED PARKING AND VARIOUS DEVELOPMENT REGULATIONS, AND TO
MODIFY ADOPTED SUBAREA PLANS TO REFLECT MARKET-BASED PARKING
STANDARDS: Planning Manager Garrett Jackson reiterated that The Comprehensive Plan is
being updated (under separate ordinance) due to the Growth Management Act’s requirements for
periodic update. Pursuant to RCW 36.70A.040 Land Use development regulations need to be
updated to be consistent with the newly updated Comprehensive Plan. The Bremerton Municipal
Code (BMC) Title 20 contains the City’s development regulations.
The Planning Commission unanimously made a recommendation to the City Council to adopt
modifications to BMC Title 20, related to Market-based Parking, Boundary Line Adjustments,
Family Daycare Providers (RCW 36.70A.450), Co-Living Housing (RCW 36.70A.535), and New
Housing In Nonconforming Buildings (RCW 35.21.990) following a public hearing held on May 19,
2025.
City Council discussed the Planning Commission’s recommendation at their May 28, 2025 Study
Session. It is anticipated that the Council will act on the recommendation following tonight’s public
hearing.
President Younger explained the purpose of this Public Hearing is to accept public comment and
action is anticipated.
Questions or comments from the public were provided by: Michaela Stall, Dale Sperling, Erik
Pedersen, Jamie Clough, Kevin Walthall, Joseph Crain, Nish Chaudhary, Morrie Bradley,
Michael Simons, Jose Camacho, Marwan Cameron, Travis Merrigan, Jake Carter, Dean
Kelly.
With no further questions or comments received, President Younger closed the hearing to the
public.
9:10 PM Motion was made by Coughlin; and Seconded by Chamberlin. Questions or comments
were provided by Coughlin, Chamberlin, Rebelowski, Mockler, Goodnow, Frey, Younger; with a
response provided by Mr. Jackson.
9:30 PM M/S/C Move to pass Ordinance No. 5513 to amend the Title 20 of the Bremerton
Municipal Code entitled “Land Use”, commonly known as the zoning code, and amending
development regulations of adopted Subarea Plans.
Voted in Favor of Motion: Goodnow, Mockler, Chamberlin, Frey, Coughlin, Rebelowski
Voted Opposed to Motion: Younger
Motion carried: 6-Yes; 1-No
COUNCIL MEMBER REPORTS
Jennifer Chamberlin shared before and after pictures of volunteers on a recent trail cleanup;
announced the next Stephenson Canyon Stewardship Group on Sunday, June 22 from 3:30 to
5:00 PM starting from the Morris Street trailhead; and encouraged the public to keep bringing their
issues to Council Meetings.
Denise Frey appreciated staff for working their hearts out for presentations and for clarification
when needed.
Jeff Coughlin addressed earlier comments on downtown restrooms, turn signal on Callow
Avenue, Juneteenth, policies on policing and equipment, staffing for permitting, and staff retention;
acknowledged Public Works Director Tom Knuckey for his service and commitment, since this was
City Council Reg. Mtg. Minutes
Wednesday, June 4, 2025
Page 5 of 5
his last meeting before his retirement.
Jane Rebelowski announced the next District 4 Meeting on Tuesday, June 24 from 5:00 to 6:30
PM to discuss what Council has done in the past two months and what the agenda appears to be
for the next two months; referred to a Multi-Family Tax Exemption presentation that she’s been
working on with the new Legislative Office Manager for discussion at the next Study Session and
that comments are welcome.
Michael Goodnow wished everyone a Happy Pride Month, with information available on
KitsapPride.org for details on many community events; and encouraged everyone to call out
misinformation and to make sure what is heard and repeated is true and factual.
Anna Mockler shared photos of the Beaver Otter Wetland and Lulu Haddon Park; announced the
next District 6 Town Hall Meeting on Monday, June 9 beginning at 5:00 PM at the Bremerton
Public Works Facility located at 100 Oyster Bay Avenue North with featured Guest Speaker Kitsap
Regional Library Jason Driver with a discussion on “Library Services”; will be providing more
information from the Environmental Stewardship ad hoc committee for Council’s consideration; and
emphasized that it would be helpful if people understood that Council is the legislative body and
that there’s an Executive body.
Eric Younger addressed the hurtful messages and allegations the public gives to our Staff and
Council Members; stated that the 1st Amendment trumps Council’s Rules and Procedures; and
announced that any complaints may be addressed to the Council President or Mayor.
President Younger announced the next Study Session on Wednesday, June 11 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, President Younger adjourned the Council Meeting at 9:48 PM.
Prepared & Submitted by:
ANNE WILLIAMS
Legislative Office Manager
APPROVED by the City Council on the 18th day of June, 2025.
ERIC YOUNGER, City Council President
Attest:
ANGELA HOOVER, City Clerk
EY:AH:AW
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT:
Minutes of Study Session – June 11, 2025
Study Session Date: N/A
COUNCIL MEETING Date: June 18, 2025
Department: City Council
Presenter: Council President
Phone: (360) 473-5280
SUMMARY: The Minutes for the Study Session held on June 11, 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 June 11, 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, June 11, 2025
A Study Session of the City Council of the City of Bremerton was called to order on Wednesday,
June 11, 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, Jeff Coughlin, Jane Rebelowski, Michael Goodnow,
and Anna Mockler. Legislative Office Manager Anne Williams and 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 June 18, 2025 Council Meeting Agenda (or as otherwise determined).
It was further established that questions or comments by the public may be submitted on any item
at any time by email to City.Council@bremertonwa.gov. And reminded everyone that audio
recordings will be available online within a few days following the meeting.
A. INFORMATION ONLY PRESENTATIONS
1. Presentation on the Draft Plan for the Utility Land Management Plan Update
2. Update on the Glenn Jarstad Aquatic Center
B. AGENDA BILL BRIEFINGS
1. Ordinance to amend Bremerton Municipal Code Chapter 10.36.010 entitled “Compression
Brakes Prohibited” Consent Agenda
2. Professional Services Agreement with Northwest Hydraulic Consultants, Inc. for the Parish
Creek Fish Passage Barrier Removal Project Consent Agenda
3. Public Hearing and Resolution to adopt the 2026 – 2031 Six Year Transportation
Improvement Program
4. Resolution to provide guidance to the Lodging Tax Advisory Committee for 2027 Funding
Priorities General Business
President Younger called a break from 7:19 to 7:32 PM.
C. GENERAL COUNCIL BUSINESS
1. Continued Council Discussion on the Multi-Family Tax Exemption Program – Council Vice
President Jane Rebelowski
2. Update on Council Goal 3 (ii) Historic Preservation Policy – Council Members Jeff Coughlin,
Denise Frey, and Jane Rebelowski Postponed to June 25 Study Session
3. Update on Council Goals 9 through 12 Parks and Environmental Stewardship – Council
Members Anna Mockler, Jennifer Chamberlin, and Jane Rebelowski Postponed to June 25
Study Session
4. Public Safety Committee (Last Meeting 6/5/25) Chair Michael Goodnow
5. Regional and Other Committee/Board Briefings
6. Other General Council Business
EXECUTIVE SESSION
At 8:33 PM, President Younger announced the Council would meet for 15-minutes to discuss
“Potential Litigation” as allowed under RCW 42.30.110 (1) (i) and that no action was anticipated.
City Council Study Session Minutes
Wednesday, June 11, 2025
Page 2 of 2
At 8:48 PM, President Younger called the meeting back to order.
President Younger announced the next Council Meeting will be on June 18, 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 8:48 PM.
Prepared & Submitted by:
_____________________________
CHRISTINE GRENIER
Legislative Assistant
APPROVED by the City Council on the 18th day of June, 2025.
ERIC YOUNGER, Council President
ATTEST:
______________________________
ANGELA HOOVER, City Clerk
EY:AH:CG
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: June 11, 2025
Ordinance No. 5515 to amend Bremerton
Municipal Code Chapter 10.36.010 entitled
“Compression Brakes Prohibited”
COUNCIL MEETING Date: June 18, 2025
Department: Fire
Presenter: Chief Pat McGanney
Phone: (360) 473-5480
SUMMARY: The action before the Council is to pass an ordinance amending BMC Chapter
10.36.010, entitled “Compression Brakes Prohibited.” The proposed changes to this code would
allow the use of compression brakes only if a vehicle is also equipped with an operational muffler and
exhaust system that prevents excess noise created by the compression brakes.
ATTACHMENTS: Ordinance No. 5515
FISCAL IMPACTS (Include Budgeted Amount): No City fiscal impacts.
STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to pass Ordinance No. 5515 amending Chapter 10.36.010 of the Bremerton Municipal Code
entitled “Compression Brakes Prohibited.”
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 04/19/2024
4D
Page 1 of 2
ORDINANCE NO. ________
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending BMC Chapter 10.36.010
entitled “Compression Brakes”.
WHEREAS, the City Council desires to amend provisions relating to compression
brakes within the City of Bremerton. NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 10.36.010 of the Bremerton Municipal Code entitled
"Compression Brakes" is hereby amended to read as follows:
10.36.010 UNMUFFLED COMPRESSION BRAKES PROHIBITED.
No person shall use motor vehicle brakes within the city limits of the City of
Bremerton which are in any way activated or operated by the compression of the engine of any
such motor vehicle or any unit or part thereof, unless the motor vehicle is equipped with an
operational muffler and exhaust system to prevent excess noise. A muffler is part of an engine
exhaust system which acts as a noise dissipative device. A turbocharger is not permitted to be
used as a muffler or a noise dissipative device. It shall be an affirmative defense to prosecution
under this section that said compression brakes were applied in an emergency and were
necessary for the protection of persons and/or property.
10.36.020 VIOLATIONS - PENALTY.
Any person violating the provisions of BMC 10.36.010 shall have committed a
traffic infraction and a maximum penalty of $250.00 shall be imposed.
10.36.030 AUTHORITY TO POST SIGNS.
The City Engineer is authorized and directed to post appropriate signs consistent
with the provisions of BMC 10.36.
SECTION 2. Corrections. The City Clerk and codifiers of this ordinance are
authorized to make necessary corrections to this ordinance including, but not limited to, the
correction of scrivener, clerical, typographical, and spelling errors, references, ordinance
numbering, section/subsection numbers and any references thereto.
SECTION 3. Severability. If any one or more sections, subsections, or sentences
of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the
validity of the remaining portion of this ordinance and the same shall remain in full force and
effect.
SECTION 4. 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.
5515
Page 2 of 2
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. ________.
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: June 11, 2025
Professional Services Agreement with
Northwest Hydraulic Consultants, Inc. for the
Parish Creek Fish Passage Barrier Removal
Project
COUNCIL MEETING Date: June 18, 2025
Department: Public Works & Utilities
Presenter: D. Dinkuhn
Phone: (360) 473-5331
SUMMARY:
The project consists of design and permitting for the removal of a fish barrier culvert on Parish Creek
at W est Belfair Valley Road. A new bridge crossing will be constructed with an approximate 40-foot
span. A scope of work was submitted, and a contract was negotiated in the amount of $690,749.
ATTACHMENTS:
1. Project Vicinity Map
2. Professional Services Agreement with Northwest Hydraulic Consultants, Inc.
FISCAL IMPACTS (Include Budgeted Amount):
Project is included in the 2025 budget.
STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve the Professional Services Agreement with Northwest Hydraulic Consultants, Inc. for
the Parish Creek Fish Passage Barrier Removal Project in the amount of $690,749.00 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
4E
Figure 1. Project Location
Parish Creek Fish Barrier Removal
City of Bremerton
Project
Location
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement
Revised 02/01/2021
Page 1 of 14
Local Agency A&E Professional Services
Cost Plus Fixed Fee Consultant Agreement
Agreement Number: LA 11045
Firm/Organization Legal Name (do not use dba’s):
Northwest Hydraulic Consultants, Inc.
Address
12787 Gateway Drive South
Seattle, WA 98168
Federal Aid Number
PROTECT-6620(001)
UBI Number
600-369-474
Federal TIN or SSN Number
91-1113093
Execution Date Completion Date
December 31, 2027
1099 Form Required
X Yes No
Federal Participation
X Yes No
Project Title
Parish Creek Fish Passage Barrier Removal
Description of Work
The City of Bremerton, Public Works, Engineering Division (City) seeks to replace a fish passage barrier culvert on Parish
Creek at West Belfair Valley Road. The City has performed survey, stream geomorphology, geotechnical analysis,
environmental assessment and 30% design for the project. The proposed improvements include removal of an existing 48-
inch corrugated metal pipe (CMP) culvert, removal of a concrete spillway, construction of a two-lane bridge, and restoration
of Parish Creek using engineered streambed sediments and large woody material (LWM). The objective of this project is to
provide preliminary engineering design and environmental permitting for the crossing replacement. Northwest Hydraulic
Consultants (NHC) together with its subconsultants (Consultant) Abeyta & Associates; Cultural Resources Consultants
(CRC); Gray & Osborne (G&O); Peninsula Land Survey (PLS); Sargent Engineers (SEI); Shannon & Wilson; Land Meets
Water; and Struck Environmental (SE) will perform professional services for the City in support of the project. The
Consultant’s work is expected to begin in June 2025 and be completed in December 2027.
X Yes No DBE Participation
Yes X No MBE Participation
Yes X No WBE Participation
Yes X No SBE Participation
Total Amount Authorized: $650,749
Management Reserve Fund: $40,000
Maximum Amount Payable: $690,749
Index of Exhibits
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Scope of Work
DBE Participation
Preparation and Delivery of Electronic Engineering and Other Data
Prime Consultant Cost Computations
Sub-consultant Cost Computations
Title VI Assurances
Certification Documents
Liability Insurance Increase
Alleged Consultant Design Error Procedures
Consultant Claim Procedures
Exhibit E
Exhibit F
Exhibit G
Exhibit H
Exhibit I
Exhibit J
Agreement Number: LA 11045
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement
Revised 02/01/2021
Page 2 of 14
THIS AGREEMENT, made and entered into as shown in the “Execution Date” box on page one (1) of this
AGREEMENT, between the City of Bremerton ,
hereinafter called the “AGENCY,” and the “Firm / Organization Name” referenced on page one (1) of this
AGREEMENT, hereinafter called the “CONSULTANT.”
WHEREAS, the AGENCY desires to accomplish the work referenced in “Description of Work” on page one (1)
of this AGREEMENT and hereafter called the “SERVICES;” and does not have sufficient staff to meet the required
commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide
the necessary SERVICES; and
WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating
to professional registration, if applicable, and has signified a willingness to furnish consulting services to
the AGENCY.
NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein,
or attached and incorporated and made a part hereof, the parties hereto agree as follows:
I. General Description of Work
The work under this AGREEMENT shall consist of the above-described SERVICES as herein defined, and
necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor,
and related equipment and, if applicable, sub-consultants and subcontractors necessary to conduct and complete the
SERVICES as designated elsewhere in this AGREEMENT.
II. General Scope of Work
The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit “A” attached
hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed
utilizing performance based contracting methodologies.
III. General Requirements
All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall
receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or
individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress,
and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials,
groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT
sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days’
notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit “A.”
The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will
outline in written and graphical form the various phases and the order of performance of the SERVICES in
sufficient detail so that the progress of the SERVICES can easily be evaluated.
The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws,
rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under
this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State
of Washington.
Agreement Number: LA 11045
Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required, per
49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the commencement
of this AGREEMENT, the amounts authorized to each firm and their certification number will be shown on Exhibit
“B” attached hereto and by this reference made part of this AGREEMENT. If the Prime CONSULTANT is a DBE
certified firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY’s
“DBE Program Participation Plan” and perform a minimum of 30% of the total amount of this AGREEMENT. It is
recommended, but not required, that non-DBE Prime CONSULTANTS perform a minimum of 30% of the total
amount of this AGREEMENT.
In the absents of a mandatory DBE goal, a voluntary SBE goal amount of ten percent of the Consultant Agreement
is established. The Consultant shall develop a SBE Participation Plan prior to commencing work. Although the goal
is voluntary, the outreach efforts to provide SBE maximum practicable opportunities are not.
The CONSULTANT, on a monthly basis, shall enter the amounts paid to all firms (including Prime) involved
with this AGREEMENT into the wsdot.diversitycompliance.com program. Payment information shall identify
any DBE Participation.
All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned.
All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit “C –
Preparation and Delivery of Electronic Engineering and other Data.”
All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by
the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for these
SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf
of the AGENCY of any such instruments of service, not occurring as a part of this SERVICE, shall be without
liability or legal exposure to the CONSULTANT.
Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other
party by (i) certified mail, return receipt requested, or (ii) by email or facsimile, to the address set forth below:
If to AGENCY: If to CONSULTANT:
Name: David Dinkuhn Name: Peter Brooks
Agency: City of Bremerton Agency: Northwest Hydraulic Consultants, Inc.
Address: 345 6th Street, Suite 100 Address: 12787 Gateway Drive S
City: Bremerton State: WA Zip: 98337 City: Seattle State: WA Zip: 98168
Email: david.dinkuhn@ci.bremerton.wa.us Email: pbrooks@nhcwater.com
Phone: (360) 473-5331 Phone: (206) 241-6000
Facsimile: (360) 473-5398 Facsimile: (206) 439-2420
IV. Time for Beginning and Completion
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by
the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this
AGREEMENT titled “Completion Date.”
The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but
may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable
delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the
CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the established
completion time.
Agreement Number: LA 11045
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant
Agreement Revised 02/01/2021
Page 3 of 14
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement
Revised 02/01/2021
Page 4 of 14
V. Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT
as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES
rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES,
specified in Section II, “Scope of Work”. The CONSULTANT shall conform to all applicable portions of 48 CFR
Part 31 (www.ecfr.gov). The estimate in support of the Cost Plus Fixed Fee amount is attached hereto as Exhibits
“D” and “E” and by this reference made part of this AGREEMENT.
A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the
CONSULTANT’S actual cost plus a fixed fee. The actual cost shall include direct salary cost, indirect cost rate,
and direct non-salary costs.
1. Direct (RAW) Labor Costs: The Direct (RAW) Labor Cost is the direct salary paid to principals,
professional, technical, and clerical personnel for the time they are productively engaged in work necessary
to fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the
direct salary costs billed to the AGENCY.
2. Indirect Cost Rate (ICR) Costs: ICR Costs are those costs, other than direct costs, which are included as such
on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall
be made at the ICR rates shown in attached Exhibits “D” and “E” of this AGREEMENT. Total
ICR payment shall be based on Actual Costs. The AGENCY agrees to reimburse the CONSULTANT
the actual ICR costs verified by audit, up to the Maximum Total Amount Payable, authorized under this
AGREEMENT, when accumulated with all other Actual Costs.
A summary of the CONSULTANT’S cost estimate and the ICR percentage is shown in Exhibits “D” and
“E”, attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT (prime and
all A&E sub-consultants) will submit to the AGENCY within six (6) months after the end of each firm’s
fiscal year, an ICR schedule in the format required by the AGENCY (cost category, dollar expenditures, etc.)
for the purpose of adjusting the ICR rate for billings received and paid during the fiscal year represented by
the ICR schedule. It shall also be used for the computation of progress payments during the following year
and for retroactively adjusting the previous year’s ICR cost to reflect the actual rate. The ICR schedule will
be sent to Email: ConsultantRates@wsdot.wa.gov.
Failure to supply this information by either the prime CONSULTANT or any of their A&E sub-consultants
shall cause the AGENCY to withhold payment of the billed ICR costs until such time as the required
information is received and an overhead rate for billing purposes is approved.
The AGENCY’s Project Manager and/or the Federal Government may perform an audit of the
CONSULTANT’S books and records at any time during regular business hours to determine the actual ICR
rate, if they so desire.
3. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the Actual Cost to the
CONSULTANT. (excluding Meals, which are reimbursed at the per diem rates identified in this section)
These charges may include, but are not limited to, the following items: travel, printing, long distance
telephone, supplies, computer charges and fees of sub-consultants. Air or train travel will be reimbursed
only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall
comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in
accordance with WSDOT’s Accounting Manual M 13-82, Chapter 10 – Travel Rules and Procedures, and
revisions thereto. Air, train, and rental car costs shall be reimbursed in accordance with 48 Code of Federal
Regulations (CFR) Part 31.205-46 “Travel Costs.” The billing for Direct Non-Salary Costs shall include an
itemized listing of the charges directly identifiable with the PROJECT. The CONSULTANT shall maintain
the original supporting documents in their office. Copies of the original supporting documents shall be
supplied to the AGENCY upon request. All above charges must be necessary for the services provided
under this AGREEMENT. Agreement Number: LA 11045
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement
Revised 02/01/2021
Page 5 of 14
4. Fixed Fee: The Fixed Fee, which represents the CONSULTANT’S profit, is shown in attached Exhibits “D”
and “E” of this AGREEMENT. This fee is based on the Scope of Work defined in this AGREEMENT and
the estimated person-hours required to perform the stated Scope of Work. In the event the CONSULTANT
enters into a supplemental AGREEMENT for additional work, the supplemental AGREEMENT may
include provisions for the added costs and an appropriate additional fee. The Fixed Fee will be prorated
and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported
in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not
previously paid in the progress payments will be covered in the final payment, subject to the provisions of
Section IX entitled “Termination of Agreement.”
5. Management Reserve Fund (MRF): The AGENCY may desire to establish MRF to provide the Agreement
Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable
unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in
this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $100,000 or
10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included
for the MRF is shown in the heading of this AGREEMENT. This fund may not be replenished. Any
changes requiring additional costs in excess of the MRF shall be made in accordance with Section XIII,
“Extra Work.”
6. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the
CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this
AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and
the MRF. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in
Section XIII, “Extra Work.” No minimum amount payable is guaranteed under this AGREEMENT.
B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of
Actual Costs plus the ICR and calculated fee on a monthly basis during the progress of the work. Such billings
shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under
Section III, “General Requirements” of this AGREEMENT. The billings will be supported by an itemized
listing for each item including Direct (RAW) Labor, Direct Non-Salary, and allowable ICR Costs to which will
be added the prorated Fixed Fee. To provide a means of verifying the billed Direct (RAW) Labor costs for
CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of
recording the names, titles, Direct (RAW) Labor rates, and present duties of those employees performing work
on the PROJECT at the time of the interview.
C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made
promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT,
contingent, if applicable, upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other related
documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by
the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have
against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by
the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that
the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect
to such claims.
The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time
of final audit; all required adjustments will be made and reflected in a final payment. In the event that such
final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to
the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund shall not constitute
a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of
overpayment. The CONSULTANT has twenty (20) working days after receipt of the final POST AUDIT to
begin the appeal process to the AGENCY for audit findings.
Agreement Number: LA 11045
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement
Revised 02/01/2021
Page 6 of 14
D. Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for inspection
by representatives of the AGENCY and the United States, for a period of six (6) years after receipt of final
payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon
these records with the following exception: if any litigation, claim or audit arising out of, in connection with,
or related to this AGREEMENT is initiated before the expiration of the six (6) year period, the cost records and
accounts shall be retained until such litigation, claim, or audit involving the records is completed.
An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be performed by the
State Auditor, WSDOT’s Internal Audit Office and/or at the request of the AGENCY’s Project Manager.
VI. Sub-Contracting
The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit “A” attached hereto and by
this reference made part of this AGREEMENT.
The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without
prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY
and sub-consultant, any contract or any other relationship.
Compensation for this sub-consultant SERVICES shall be based on the cost factors shown on Exhibit “E” attached
hereto and by this reference made part of this AGREEMENT.
The SERVICES of the sub-consultant shall not exceed its maximum amount payable identified in each sub-
consultant cost estimate unless a prior written approval has been issued by the AGENCY.
All reimbursable direct labor, indirect cost rate, direct non-salary costs and fixed fee costs for the sub-consultant
shall be negotiated and substantiated in accordance with section V “Payment Provisions” herein and shall be
memorialized in a final written acknowledgement between the parties.
All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require
each sub-consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With
respect to sub-consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE’s
Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011.
The CONSULTANT, sub-recipient, or sub-consultant shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the
CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the
termination of this AGREEMENT or such other remedy as the recipient deems appropriate.
VII. Employment and Organizational Conflict of Interest
The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona
fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or
agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any
fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the
award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul
this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration
or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work
or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the
CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen’s
Agreement Number: LA 11045
Agreement Number: LA 11045
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement
Revised 02/01/2021
Page 7 of 14
Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made
by a third party as a consequence of any act or omission on the part of the CONSULTANT’s employees or other
persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation
and responsibility of the CONSULTANT.
The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this
AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this
AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly
retired employees, without written consent of the public employer of such person if he/she will be working on this
AGREEMENT for the CONSULTANT.
VIII. Nondiscrimination
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub-consultants,
subcontractors and successors in interest, agrees to comply with the following laws and regulations:
Title VI of the Civil Rights Act of 1964 • Civil Rights Restoration Act of 1987
(42 U.S.C. Chapter 21 Subchapter V § 2000d (Public Law 100-259)
through 2000d-4a) • American with Disabilities Act of 1990
• Federal-aid Highway Act of 1973 (42 U.S.C. Chapter 126 § 12101 et. seq.)
(23 U.S.C. Chapter 3 § 324) • 23 CFR Part 200
• Rehabilitation Act of 1973 49 CFR Part 21
(29 U.S.C. Chapter 16 Subchapter V § 794) 49 CFR Part 26
• Age Discrimination Act of 1975 • RCW 49.60.180
(42 U.S.C. Chapter 76 § 6101 et. seq.)
In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit “F”
attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit “F” in
every sub-contract, including procurement of materials and leases of equipment, unless exempt by the Regulations
or directives issued pursuant thereto.
IX. Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten
(10) days written notice to the CONSULTANT.
In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the
CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged and any appropriate
fixed fee percentage at the time of termination of this AGREEMENT, plus any direct non-salary costs incurred up to
the time of termination of this AGREEMENT.
No payment shall be made for any SERVICES completed after ten (10) days following receipt by the
CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice
of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this
section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for
any excess paid.
If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT,
the above formula for payment shall not apply.
In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the
AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES
to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to
Agreement Number: LA 11045
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement
Revised 02/01/2021
Page 8 of 14
date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of
termination, the cost to the AGENCY of employing another firm to complete the SERVICES required and the
time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES
performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the
amount, which would have been made using the formula set forth in paragraph two (2) of this section.
If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT’s failure to
perform is without the CONSULTANT’s or its employee’s fault or negligence, the termination shall be deemed to
be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed
for actual costs and appropriate fixed fee percentage in accordance with the termination for other than default
clauses listed previously.
The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any member,
partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT’s supervisory and/or
other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee.
The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or
more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The
CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT
unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s)
of this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT
as set forth in the second and third paragraphs of this section.
Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of
any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the
CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY.
Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights
with respect to any future act or omission by the CONSULTANT.
X. Changes of Work
The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as
necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY find
it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or
revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered
as Extra Work and will be paid for as herein provided under section XIII “Extra Work.”
XI. Disputes
Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within
10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and
binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the
Director of Public Works or AGENCY Engineer’s decision, that decision shall be subject to judicial review. If the
parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under
the procedures found in Exhibit “J”. In the event that either party deem it necessary to institute legal action or
proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in the Superior
Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto
agree that all questions shall be resolved by application of Washington law and that the parties have the right of
appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The
CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington,
situated in the county in which the AGENCY is located.
Agreement Number: LA 11045
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement
Revised 02/01/2021
Page 9 of 14
XII. Legal Relations
The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws,
rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under this
AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of
Washington.
The CONSULTANT shall defend, indemnify, and hold The State of Washington (STATE) and the AGENCY and
their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part
from the negligence of, or the breach of any obligation under this AGREEMENT by, the CONSULTANT or the
CONSULTANT’s agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons
for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT
to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless
the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon
the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY, their
agents, officers, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom
the STATE and/or the AGENCY may be legally liable; and provided further that if the claims or suits are caused
by or result from the concurrent negligence of (a) the CONSULTANT or the CONSULTANT’s agents, employees,
sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally
liable, and (b) the STATE and/or AGENCY, their agents, officers, employees, sub-consultants, subcontractors and or
vendors, of any tier, or any other persons for whom the STATE and or AGENCY may be legally liable, the defense
and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT’s negligence or
the negligence of the CONSULTANT’s agents, employees, sub-consultants, subcontractors or vendors, of any tier,
or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any
AGREEMENT between CONSULTANT and any sub-consultant, subcontractor and vendor, of any tier.
The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers
and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the
alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents,
proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT’s
agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the
CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any
use in connection with the AGREEMENT of methods, processes, designs, information or other items furnished or
communicated to STATE and/or the AGENCY, their agents, officers and employees pursuant to the AGREEMENT;
provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly
improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or
inventions resulting from STATE and/or AGENCY’s, their agents’, officers’ and employees’ failure to comply
with specific written instructions regarding use provided to STATE and/or AGENCY, their agents, officers and
employees by the CONSULTANT, its agents, employees, sub-consultants, subcontractors or vendors, of any tier, or
any other persons for whom the CONSULTANT may be legally liable.
The CONSULTANT’s relation to the AGENCY shall be at all times as an independent contractor.
Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole
discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and
examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or
any similar statute involving the CONSULTANT in the procurement of, or performance under, this AGREEMENT.
The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT’s own
employees or its agents against the STATE and /or the AGENCY and, solely for the purpose of this indemnification
and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51
RCW. This waiver has been mutually negotiated between the Parties.
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Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement
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Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of
construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable
supplemental AGREEMENT, the CONSULTANT shall provide On-Call assistance to the AGENCY during contract
administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper
construction techniques, job site safety, or any construction contractor’s failure to perform its work in accordance
with the contract documents.
The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise
required, the following insurance with companies or through sources approved by the State Insurance
Commissioner pursuant to Title 48 RCW.
Insurance Coverage
A. Worker’s compensation and employer’s liability insurance as required by the STATE.
B. Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with minimum
limits of one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) in the
aggregate for each policy period.
C. Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage for
any “Auto” (Symbol 1) used in an amount not less than a one million dollar ($1,000,000.00) combined single
limit for each occurrence.
Excepting the Worker’s Compensation Insurance and any Professional Liability Insurance, the STATE and
AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub-
consultant and/or subcontractor as an additional insured (the “AIs”), with no restrictions or limitations concerning
products and completed operations coverage. This coverage shall be primary coverage and non-contributory and
any coverage maintained by the AIs shall be excess over, and shall not contribute with, the additional insured
coverage required hereunder. The CONSULTANT’s and the sub-consultant’s and/or subcontractor’s insurer shall
waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with
verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to
require complete, certified copies of all required insurance policies at any time.
All insurance shall be obtained from an insurance company authorized to do business in the State of Washington.
The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the
execution of this AGREEMENT to:
Name: David Dinkuhn
Agency: City of Bremerton
Address: 345 6th Street, Suite 100
City: Bremerton State: WA Zip: 98337
Email: david.dinkuhn@ci.bremerton.wa.us
Phone: (360) 473-5331
Facsimile: (360) 473-5398
No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY.
The CONSULTANT’s professional liability to the AGENCY, including that which may arise in reference to
section IX “Termination of Agreement” of this AGREEMENT, shall be limited to the accumulative amount of the
authorized AGREEMENT amount or one million dollars ($1,000,000.00), whichever is greater, unless the limit of
liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT’s professional
liability to third parties be limited in any way.
Agreement Number: LA 11045
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement
Revised 02/01/2021
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The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third party,
and no third party beneficiary is intended or created by the execution of this AGREEMENT.
The AGENCY will pay no progress payments under section V “Payment Provisions” until the CONSULTANT has
fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is
available to it under other provisions of this AGREEMENT, or otherwise in law.
XIII. Extra Work
A. The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT
in the SERVICES to be performed.
B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance
of any part of the SERVICES under this AGREEMENT, whether or not changed by the order, or otherwise
affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an equitable adjustment
in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms
and shall modify this AGREEMENT accordingly.
C. The CONSULTANT must submit any “request for equitable adjustment,” hereafter referred to as “CLAIM,”
under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY
decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final
payment of this AGREEMENT.
D. Failure to agree to any adjustment shall be a dispute under the section XI “Disputes” clause. However, nothing
in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed.
E. Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above, the maximum amount payable for
this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement
to this AGREEMENT.
XIV. Endorsement of Plans
If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering
data furnished by them.
XV. Federal Review
The Federal Highway Administration shall have the right to participate in the review or examination of the
SERVICES in progress.
XVI. Certification of the Consultant and the Agency
Attached hereto as Exhibit “G-1(a and b)” are the Certifications of the CONSULTANT and the AGENCY, Exhibit
“G-2” Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered
Transactions, Exhibit “G-3” Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
and Exhibit “G-4” Certificate of Current Cost or Pricing Data. Exhibit “G-3” is required only in AGREEMENT’s
over one hundred thousand dollars ($100,000.00) and Exhibit “G-4” is required only in AGREEMENT’s over
five hundred thousand dollars ($500,000.00.) These Exhibits must be executed by the CONSULTANT, and
submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III “General
Requirements” prior to its performance of any SERVICES under this AGREEMENT.
Agreement Number: LA 11045
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement
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XVII. Complete Agreement
This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the
parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or
be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or
modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement
to this AGREEMENT.
XVIII. Execution and Acceptance
This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed
to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements,
representations, warranties, covenants, and AGREEMENT’s contained in the proposal, and the supporting material
submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and
conditions thereof.
XIX. Protection of Confidential Information
The CONSULTANT acknowledges that some of the material and information that may come into its possession
or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt
from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state
or federal statutes (“State’s Confidential Information”). The “State’s Confidential Information” includes, but is
not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles,
credit card information, driver’s license numbers, medical data, law enforcement records (or any other information
identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security
data, non-public Specifications, STATE and AGENCY non-publicly available data, proprietary software, State
security data, or information which may jeopardize any part of the project that relates to any of these types of
information. The CONSULTANT agrees to hold the State’s Confidential Information in strictest confidence
and not to make use of the State’s Confidential Information for any purpose other than the performance of this
AGREEMENT, to release it only to authorized employees, sub-consultants or subcontractors requiring such
information for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish, transfer,
sell, disclose, or otherwise make it known to any other party without the AGENCY’s express written consent
or as provided by law. The CONSULTANT agrees to release such information or material only to employees,
sub-consultants or subcontractors who have signed a nondisclosure AGREEMENT, the terms of which have
been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and
managerial safeguards to prevent unauthorized access to the State’s Confidential Information.
Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the AGENCY’s
option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State’s Confidential
Information; or (ii) returned all of the State’s Confidential Information to the AGENCY; or (iii) take whatever other
steps the AGENCY requires of the CONSULTANT to protect the State’s Confidential Information.
As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following:
the State’s Confidential Information received in the performance of this AGREEMENT; the purpose(s) for which
the State’s Confidential Information was received; who received, maintained and used the State’s Confidential
Information; and the final disposition of the State’s Confidential Information. The CONSULTANT’s records shall
be subject to inspection, review, or audit upon reasonable notice from the AGENCY.
The AGENCY reserves the right to monitor, audit, or investigate the use of the State’s Confidential Information
collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or
investigating may include, but is not limited to, salting databases.
Agreement Number: LA 11045
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement
Revised 02/01/2021
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Violation of this section by the CONSULTANT or its sub-consultants or subcontractors may result in termination of
this AGREEMENT and demand for return of all State’s Confidential Information, monetary damages, or penalties.
It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which
is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the
confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing
such proprietary and/or confidential information shall be clearly identified and marked as “Confidential” and shall
be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT.
The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential
and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT; or (b) as soon as such
confidential or proprietary material is developed. “Proprietary and/or confidential information” is not meant to
include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully
disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party;
(iii) is independently developed by or for the other party; (iv) is publicly known; or (v) is generally utilized by
unaffiliated third parties engaged in the same business or businesses as the CONSULTANT.
The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure
laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and/
or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a
public disclosure request is made to view materials identified as “Proprietary and/or confidential information” or
otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that such
records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent
jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure, the
AGENCY will release the requested information on the date specified.
The CONSULTANT agrees to notify the sub-consultant of any AGENCY communication regarding disclosure that
may include a sub-consultant’s proprietary and/or confidential information. The CONSULTANT notification to the
sub-consultant will include the date that such records will be released by the AGENCY to the requester and state
that unless the sub-consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure
the AGENCY will release the requested information. If the CONSULTANT and/or sub-consultant fail to obtain
a court order or other judicial relief enjoining the AGENCY by the release date, the CONSULTANT shall waive
and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages,
liabilities, or costs associated with the AGENCY’s said disclosure of sub-consultants’ information.
XX. Records Maintenance
During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6) years
from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain and maintain all
“documents” pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all “documents”
pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT’s place
of business during normal working hours. If any litigation, claim or audit is commenced, the CONSULTANT shall
cooperate with AGENCY and assist in the production of all such documents. “Documents” shall be retained until
all litigation, claims or audit findings have been resolved even though such litigation, claim or audit continues past
the six (6) year retention period.
For purposes of this AGREEMENT, “documents” means every writing or record of every type and description,
including electronically stored information (“ESI”), that is in the possession, control, or custody of the
CONSULTANT, including, without limitation, any and all correspondences, contracts, AGREEMENT ‘s,
appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten
notes, reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records,
work sheets, charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings,
Agreement Number: LA 11045
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement
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tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or
telephone conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or
description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the
CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original,
or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original.
For purposes of this AGREEMENT, “ESI” means any and all computer data or electronic recorded media of any
kind, including “Native Files”, that are stored in any medium from which it can be retrieved and examined, either
directly or after translation into a reasonably useable form. ESI may include information and/or documentation
stored in various software programs such as: Email, Outlook, Word, Excel, Access, Publisher, PowerPoint, Adobe
Acrobat, SQL databases, or any other software or electronic communication programs or databases that the
CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup
tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones, laptops or any other
electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any
personal devices used by the CONSULTANT or any sub-consultant at home.
“Native files” are a subset of ESI and refer to the electronic format of the application in which such ESI is normally
created, viewed, and /or modified.
The CONSULTANT shall include this section XX “Records Maintenance” in every subcontract it enters into in
relation to this AGREEMENT and bind the sub-consultant to its terms, unless expressly agreed to otherwise in
writing by the AGENCY prior to the execution of such subcontract.
In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the
“Execution Date” box on page one (1) of this AGREEMENT.
Signature Peter Brooks, Principal Date
Signature Date
Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office
of the Attorney General.
Agreement Number: LA 11045
Exhibit A - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1
Exhibit A
Scope of Work
NHC Project No. 2009612
See following pages.
PARISH CREEK FISH BARRIER REMOVAL (PROJECT NO. 882)
INTRODUCTION
The City of Bremerton, Public Works, Engineering Division (City) seeks to replace a fish passage barrier culvert on Parish Creek at West Belfair Valley Road. The City has performed survey, stream geomorphology, geotechnical analysis, environmental assessment and 30% design for the project. The proposed improvements include removal of an existing 48-inch corrugated metal pipe (CMP) culvert, removal of a concrete spillway, construction of a two-lane bridge, and restoration of Parish Creek using engineered streambed sediments and large woody material (LWM). The objective of this project is to provide preliminary engineering design and environmental permitting for the crossing replacement.
Northwest Hydraulic Consultants (NHC) together with its subconsultants (Consultant) Abeyta & Associates; Cultural Resources Consultants (CRC); Gray & Osborne (G&O); Peninsula Land Survey (PLS); Sargent Engineers (SEI); Shannon & Wilson; Land Meets Water; and Struck Environmental (SE) will perform professional services for the City in support of the project. The Consultant’s work is expected to begin in June 2025 and be completed in December 2027.
DESIGN CRITERIA
The following criteria, standards, or guidelines will be referenced for analysis and design.
• AASHTO LRFD Bridge Design Specification
• City of Bremerton, Engineering Design & Construction Standards
• FHWA Bridge Scour and Stream Instability Countermeasures, Third Edition – September 2009 (HEC No. 23)
• FHWA Evaluating Scour at Bridges, Fifth Edition – April 2012 (HEC No. 18)
• Washington Department of Fish and Wildlife, “Water Crossing Design Guidelines”
• Washington Hydraulic Code Rules, WAC 220-660-190
• WSDOT, “Standard Specifications for Road, Bridge, and Municipal Construction” (2025). – M41-10
• WSDOT Design Manual – M22-01
• WSDOT Bridge Design Manual LRFD – M23-50
• WSDOT Geotechnical Design Manual - M 46-03
• WSDOT Standard Plans – M21-01
• WSDOT Local Agency Guidelines – M36-63
Parish Creek Fish Barrier Removal (Project No. 882) Scope of Work
2
SCOPE OF WORK
1 PROJECT MANAGEMENT
1.1 Project Coordination and Management
NHC will provide project management services through the life of the project including:
• Coordinate and guide day-to-day project activities.
• Perform regular schedule updates and financial status summaries.
1.2 Meetings
The Consultant, in addition to attending specific meetings as described in other tasks, shall attend the following meetings to coordinate aspects of the project:
Management meetings: The Consultant will meet with the City monthly to discuss progress, action items, schedule, and budget. The Consultant will prepare a running agenda that summarizes progress by discipline, action items, contract items (scope, schedule, budget), upcoming meetings, and completed items.
Internal team coordination meetings will be held monthly over the project duration and will be attended by discipline leads.
Assumptions
• Project duration is June 2025 through December 2027
• A total of 12 virtual management meetings are included. Meetings are assumed to be an average of 1 hour in duration.
• A total of 16 internal coordination meetings are included. Meetings are assumed to be an average of 1 hour in duration. Discipline lead attendance will vary.
Deliverables
• Meeting agendas/meeting minutes
• Project Schedule in MS Project and PDF format
• Monthly progress reports and invoices
Parish Creek Fish Barrier Removal (Project No. 882) Scope of Work
3
2 SURVEY
2.1 Boundary Survey
Peninsula Land Survey will perform a boundary retracement survey for two (2) Kitsap County tax parcels listed below. Peninsula will perform additional Kitsap County records research for evidence of previous surveys and perform control measurements. Subsequent final calculations will be made based on the information collected and merged into the existing base map, that was provided by the client.
Kitsap County Tax Parcel Numbers:
• 4504-000-001-0200 Owner Kitsap Square Dance Association
• 4505-000-036-0208 Owner Kitsap Square Dance Association
2.1.1 Right of way Determination
Peninsula will determine the right of way beginning at the northwest corner of Kitsap County tax parcel number 322401-3-049-2006 along W Belfair Valley Road to the intersection of Division
Avenue W and W Belfair Valley Road approximately 1,100 linear feet. Right of way limits shown
in Exhibit C.
2.2 Topographic Mapping
Peninsula Land Survey will perform topographic survey and conductible utility locates within the approximate limits shown in Exhibits A and B and as described below.
The horizontal datum will be North American Datum 1983/ 2011 (NAD 83/11), and the vertical
datum will be North American Vertical Datum 1988 (NAVD88), as depicted in the clients existing
base map.
2.2.1 Topographic Mapping Area 1
• North of W Belfair Valley Road, the topographic survey area covers approximately 2.0 acres. Trees with a diameter of six inches or greater, measured at a height of four feet, will be identified and classified as either deciduous or coniferous. Limits are shown in white in Exhibit A. Wetland flags within this area will also be mapped.
• South of W Belfair Valley Road, the topographic mapping extends approximately 75 feet beyond the roadway. Within this area, trees six inches or larger (measured at four feet) will be documented and categorized as deciduous or coniferous. Limits are shown in red in Exhibit B. Wetland flags within this area will also be mapped.
Parish Creek Fish Barrier Removal (Project No. 882) Scope of Work
4
2.2.2 Topographic Mapping Area 2
Beyond the 75-foot southern boundary noted above, the topographic survey area spans approximately 800’ linear feet. Limits are shown in green in Exhibit B and are approximately
three acres. Trees six inches or larger (measured at four feet) will be documented and
categorized as deciduous or coniferous. Wetland and OHWM flags within this area will also be
mapped.
In addition, these items will be included in the topographic survey:
• Overhead power lines (low points) within the project limits as well as the transformer poles, they connect to.
• A small culvert on the south side of West Belfair Valley Road.
2.3 Easement drafting
Peninsula will draft up to a total of four (4) temporary or permanent easements, which will include a legal description and an exhibit map
2.4 Post Construction As-built
This task includes three field days allocated for the collection of topographic data following construction activities. The collected data will be processed and delivered as a CAD file. Should field or processing efforts exceed the allotted time due to site conditions or project complexity, additional work will be performed on a time-and-materials basis with prior approval.
Assumptions
• Peninsula will be provided with reasonable access to all areas requiring surveys.
• For safety reasons Peninsula personnel are not permitted to enter enclosed utility structures. These structures will be detailed and inventoried only to the extent feasible from the surface.
• All electronic mapping standards will be based on Peninsula drafting standards.
• Peninsula field crews may need to perform minor brushing with machetes to conduct this survey, and we have Client’s permission to do so.
• The setting of survey monuments at the exterior boundary points of the subject is not
included in this proposal, however accurate boundary lines will be depicted.
• Peninsula has accounted for the cost of an independent utility locating service to identify
the location of existing underground conductible utilities within limits in Exhibit A and B.
Parish Creek Fish Barrier Removal (Project No. 882) Scope of Work
5
Deliverables
• AutoCAD Civil 3D drawing file merged with existing base map, right of way and boundary determination
• PDF copy of topographic, right of way and boundary survey
• Up to four easements with a legal description and exhibit
• Post Construction As-built AutoCAD Civil 3D drawing file
Exhibit A
Parish Creek Fish Barrier Removal (Project No. 882) Scope of Work
6
Exhibit B
Parish Creek Fish Barrier Removal (Project No. 882) Scope of Work
7
Exhibit C
Right of way Limits shown in Orange.
3 STREAM DESIGN
NHC will incorporate the City’s preliminary design report findings, supplemental geomorphic analyses, and detailed hydraulic modeling to determine the crossing minimum hydraulic
opening and channel design elements.
3.1 Geomorphic Assessment
The City completed a geomorphic assessment that consisted of bankfull width (BFW) measurements, a pebble count, documentation of riparian vegetation and fish habitat, documentation of channel morphologic conditions and general site observations. The City’s preliminary design report identified a rootwad obstruction approximately 500 feet upstream of the crossing that has contributed to channel degradation at the crossing.
For this project phase, a geomorphic assessment will be conducted to help define the replacement crossing minimum hydraulic opening and assess risks of local scour, long-term
aggradation and degradation, and lateral channel migration at the proposed crossing. The
assessment includes a site visit to collect field observations, desktop data review, and sediment
transport estimates to characterize expected changes to channel profile and section at the
proposed crossing. Channel characteristics will be observed from approximately 1,000 feet
downstream to 1,500 feet upstream of the crossing and include two additional bankfull width
measurements and 2 additional pebble counts. NHC will evaluate the Parish Creek channel
response to removal of the dam structures downstream on Gorst Creek and effects of channel
avulsion through the aggraded reach upstream of the rootwad obstruction.
Parish Creek Fish Barrier Removal (Project No. 882) Scope of Work
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3.2 Hydraulic Analysis
NHC will develop a two-dimensional (2D) HEC-RAS hydraulic model extending from approximately 1,000 feet upstream to 500 feet downstream of the proposed crossing. The
model will be developed using best available topographic data from site survey data (Task 2) for
the channel and 2018 LiDAR data to expand into floodplain areas. NHC will use hydraulic
modeling results to estimate hydraulic parameters including depth, velocity, and shear stress for
existing and proposed conditions. The hydraulic model results will be used to support the water
crossing structure design including refining hydraulic opening and determining freeboard, and
scour, and the stream design including streambed gradations, channel grading, and complexity elements. The hydraulic model results will be used to support permits to show the proposed water crossing meets requirements of WAC 220-660-190 and FEMA floodplain regulations.
The project site is in a FEMA regulated Zone AE Floodplain and has a designated Floodway. As defined in 44 CFR 60.3, FEMA regulates projects within a Floodway demonstrating zero rise relative to the 100-year base flood elevation. NHC will attempt to design the project so that there is no increase to the 100-year base flood elevation. Consultant will provide a No-Rise Certification if the project is able meet the floodplain criteria. If the no-rise criteria cannot be met, a CLOMR & LOMR will be necessary to document the change in 100-year flood elevations; scope and budget to complete a CLOMR & LOMR is not included as part of this task order and would require an amendment to do so after design. The Consultant will document findings of this analysis in a Hydraulic Report.
3.3 Crossing & Stream Designs
NHC will incorporate findings from the geomorphic assessment and hydraulic analyses to develop the design for the crossing and upstream channel and floodplain enhancement.
3.3.1 Channel and Floodplain Enhancement Design
NHC will provide a feasibility and channel response assessment of placing large woody debris within the existing channel and floodplain within 1,000 upstream of the crossing. The assessment will consider large woody debris placement effects on channel and floodplain function, stability of the access road embankment, and flooding on W. Belfair Valley Road. Prior
to progressing the design, NHC will meet with the Suquamish tribe and WDFW representatives
to discuss site constraints and goals for channel restoration.
3.3.2 Crossing Design
NHC will refine the City’s 30% water crossing design elements including a minimum 40-foot structure opening and streambed gradation. NHC will develop stream design elements including
Parish Creek Fish Barrier Removal (Project No. 882) Scope of Work
9
stream alignment, typical sections, profile, streambed gradation, and channel complexity or scour countermeasure elements, if needed, to meet design criteria.
3.3.3 45% Design
The preferred crossing and channel designs will be incorporated into a 45% design. With a 45% design, NHC and SEI will meet with the Suquamish tribe and WDFW representatives to present
the stream design, including section, profile, streambed gradation, and expected range of
channel adjustment, to obtain the concurrence of the major stream and crossing design
components.
3.4 Hydraulic Report
Hydraulic aspects of the water crossing design will be documented in a report. The report will describe the results of the geomorphic investigation, hydrologic analysis, hydraulic analysis, and
water crossing design recommendations.
Assumptions
• A feasibility assessment will be included for one channel modification concept within 1,000 feet upstream and 100 feet downstream of the crossing.
• Five (5) design flow events will be simulated. Streamstats will be used for the 2-year flow
estimate. Effective FEMA flows upstream and water surface elevations downstream will
be used for the 10-, 100- and 500-year model boundary conditions. WDFW’s Culverts
and Climate Change guidance will be used to estimate flow increase for the 100-year
2080 event.
• Hydraulic model simulations will be conducted for existing conditions for the 2- and
100-year events.
• Hydraulic model simulations will be conducted for the proposed crossing for the 2-, 10-,
100-yr, 100-yr 2080 and 500-yr events to evaluate scour and flood elevations. This will include two sub-alternatives for upstream channel and floodplain restoration: one limited to 100 feet upstream and downstream of the crossing and one limited to 1,000 feet upstream and 100 feet downstream of the crossing.
• A CLOMR and/or LOMR are not included. If needed, an amendment will be required.
• Detailed stream design will be provided within 1,000 feet upstream and of the crossing replacement.
• Up to 3 consultant team members will meet with Suquamish tribe and WDFW representatives on site for a design parameters review meeting.
• Up to 3 consultant team members will meet with Suquamish tribe and WDFW representatives virtually for a 45% design concurrence meeting.
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Deliverables
• Conceptual level sketch of channel and floodplain modifications from approximately 1,000 feet upstream to 100 feet downstream of the existing crossing.
• Cost estimate for upstream channel and floodplain enhancement
• 45% design PowerPoint presentation slides
• Documentation in a Hydraulic Report, Draft at 60% and Final at 90%
• No-Rise Certification (if met)
4 GEOTECHNICAL ENGINEERING
4.1 Team Coordination, Concept Review, Exploration Plan
This task includes team meetings, conceptual bridge layout review, Preparation of an Exploration Plan and coordination with City personnel
4.2 Subsurface Exploration
This task includes mobilizing a Truck-based CPT rig from ConeTech, pushing 100 feet of CPT with shear wave velocity measurements. This also includes a traffic control plan and
one day of traffic control with appropriate signage and 3 flaggers.
4.3 Geotechnical Analyses
This task includes engineering analyses for pile capacity, seismic forces on piles, downdrag forces, liquefaction analysis, lateral spreading hazard analysis, earth pressures, approach and abutment wall stability, and general earthwork.
4.4 Draft Geotechnical Report
This task includes providing Draft report for design team and City review & comment.
4.5 Final Geotechnical Report
This task includes revisions to address design team and City comments.
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Assumptions
• Utility locates will be performed by the City of Bremerton and by a private locating company and a locate request will be submitted to the Washington State Underground Utility Notification Center.
• CPT testing will be on the south side of proposed bridge in Right-of-Way.
• A R-O-W permit will be required. This will be a no-cost permit from the City.
• Bridge will be designed for the 1,000 year seismic event per WSDOT.
• Review of plans and specifications and construction observation services are not
included in this scope of services but can be added with an amendment.
• Our services will not include any environmental assessment or evaluation regarding the
presence or absence of hazardous or toxic materials in the soil; surface water;
groundwater; or air on, below, or around this site.
Deliverables
• Draft Geotechnical Report
• Final Geotechnical Report
5 STRUCTURAL ENGINEERING
Sargent Engineers (SEI) will provide structural engineering services to update the 45% bridge layout and prepare the structural design of the new bridge crossing. Construction plans, specifications, and cost estimate for the new bridge will be prepared, with progress submittals at 60%, 90%, and final design.
5.1 Preliminary Bridge Design
SEI will coordinate with the design team to align the structural design effort with the channel and roadway design efforts through regular communications. SEI will attend approximately six
virtual progress meetings throughout the preliminary design phase to coordinate with the other
team members and/or Client. SEI will also attend an in-person meeting with the Client and/or
stakeholders to gain concurrence with the proposed design.
SEI will complete the following tasks to refine and update the City’s 30% design:
• Make a site visit to observe geometry and site constraints.
• Review hydraulic, geotechnical, and roadway design data for the site.
• Develop one bridge concept to accommodate the hydraulic opening recommended by NHC and roadway section recommended by G&O.
• Review construction staging and utility accommodations required to construct the new bridge.
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• Provide structural options for maintaining traffic (MOT) during bridge construction, including road closure with “shoofly” bypass and/or constructing the new bridge in two phases.
• Prepare conceptual quantities and cost estimate.
• Once comments are provided on the concept design, prepare 45% plans, expected to be a bridge plan, elevation, and typical section sheet.
Assumptions
• Topographic survey, roadway design data, stream design data, and geotechnical design
data will be provided to SEI to provide the basis for sizing the alternative structures.
• Crossing structure is expected to be a single-span bridge constructed with precast
concrete girders.
Deliverables
• Conceptual bridge layout for one option in PDF.
• 45% cost estimate for one option in Excel format.
• 45% Structure plans in PDF
5.2 60% Bridge Design
SEI will prepare the structural design of the bridge and the 60% plans, specifications, and cost estimate. SEI will attend approximately four virtual progress meetings throughout the 60% design phase and will attend a virtual 60% design review meeting with the Client.
SEI will complete the following tasks to prepare the 60% design for the new bridge:
• Make final revisions to the layout of the bridge and wingwalls.
• Prepare the structural design in accordance with the AASHTO LRFD Bridge Design Specification and WSDOT Bridge Design Manual.
• Prepare the 60% structural plans. Plan sheets are expected to include structural notes,
bridge plan and elevation, conceptual construction sequence, foundation plan, abutment
plan (2 sheets), abutment reinforcement (2 sheets), abutment details (2 sheets), framing
plan, typical bridge section, deck plan, girder details (4 sheets), traffic barrier (2 sheets),
and barlist.
• Prepare 60% construction quantities and cost estimates for the structural items using
WSDOT Standard Bid Items to the extent possible.
• Prepare 60% technical specifications for the structural items using WSDOT General
Special Provisions to the extent possible.
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Deliverables
• 60% Structure plans in PDF.
• 60% Structural quantities and costs in Excel format.
• 60% Structural specifications in Word format.
5.3 90% Bridge Design
SEI will perform a complete quality control check of the bridge structural design and plans, and prepare the 90% plans, specifications, and cost estimate. The results of the 60% submittal
review will also be incorporated. SEI will attend approximately four virtual progress meetings
throughout the 90% design phase and will attend a virtual 90% design review meeting with the
Client.
SEI will complete the following tasks to prepare the 90% design for the new bridge:
• Prepare QC calculations for the bridge structural design in accordance with the AASHTO LRFD Bridge Design Specification and WSDOT Bridge Design Manual.
• Prepare QC calculations for the bridge construction quantities.
• Complete a QC review of the structural plans, specifications, and cost estimate for conformance with the structural design and to ensure complete and accurate documents.
• Prepare the 90% structural plans, specifications, and cost estimate. Documents will be revised to incorporate the QC results and results of the 60% submittal review.
Deliverables
• 90% Structure plans in PDF.
• 90% Structural quantities and costs in Excel format.
• 90% Structural specifications in Word format.
5.4 Final Bridge Design
SEI will complete minor revisions to finalize the bridge plans, specifications, and cost estimate and incorporate the results of the 90% submittal review. SEI will attend approximately two virtual
progress meetings throughout the final design phase.
SEI will complete the following tasks to prepare the final design for the new bridge:
• Make minor revisions to the bridge plans, specifications, and cost estimate.
• Prepare stamped structural design calculation package.
• Prepare stamped structural quantities calculation package.
• Prepare stamped final structural plan package.
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Deliverables
• Stamped Final Structure plans in PDF.
• Final Structural quantities and costs in Excel format.
• Final Structural specifications in Word format.
• Stamped Structural design calculation package in PDF.
• Stamped Structural quantities calculation package in PDF.
5.5 Bridge Load Rating
Sargent shall perform a load rating for the new bridge. The load rating shall be done in accordance with the AASHTO Manual for Bridge Evaluation and with Chapter 13 of the WSDOT Bridge Design Manual. A complete load rating calculation report will be provided for the bridge, including a stamped Load Rating Summary Sheet and supporting calculations.
Deliverables
• Load rating package, PDF.
6 ROADWAY AND UTILITY ENGINEERING
6.1 Roadway Design
Gray and Osborne (G&O) will design the proposed roadway improvements for the roadway on both approaches to the bridge, including proposed horizontal and vertical alignment, guardrail, pavement markings and transitions to existing roadway. G&O will also provide design for a temporary bypass roadway located immediately north of the new bridge location. The intent is to maintain two lanes of traffic during construction via the temporary roadway.
Assumptions
• Proposed roadway section is one 11’-0” travel lane in each direction, each with a 5’-0” paved shoulder. Ditches will generally need to be constructed where present today.
• Any desired bridge approach slabs to be designed by SEI.
• Proposed pavement section(s) to be provided City of Bremerton.
• Proposed horizontal and vertical alignment of bridge and roadway approaches shall generally be similar to the existing alignment.
• All necessary permitting for the temporary roadway and design of any temporary culverts or similar facilities will be provided by others.
• Illumination improvements are not part of this scope.
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• Project improvements will not trigger PGIS. Stormwater runoff from the new roadway will typically flow over the surface to conveyance ditches. Stormwater treatment, detention, infiltration and/or enclosed stormwater conveyance are not a part of this scope.
Deliverables
• Plans, special provisions and construction cost estimates at the intervals listed in Task 9
6.2 Waterline Design
G&O will design a new 36” DI water main to replace the existing 28” steel main that will be required to be removed to facilitate the construction of the new two-lane bridge. The new
main will be installed/hung on the new bridge. This scope includes developing plan and profile of the selected alignment, to include plan and elevation of the waterline including at the bridge, and associated details, WSDOT section 7-09 specification, and cost estimate of the replacement main.
Assumptions
• Proposed waterline is 36” diameter ductile iron waterline.
• Proposed waterline design to be consistent with Alternative 4 on the preliminary drawing provided by the City (shown below).
• City to provide all requirements regarding shutdown(s) of existing waterline to make
connections and how flow will be bypassing during construction.
• Pipe supports/hangers will be designed and detailed by SEI.
• G & O will be able to rely of the existing geotechnical information to support the new
water main design and no additional geotechnical investigation will be required.
Deliverables
• Plans, special provisions and construction cost estimates at the intervals listed in Task 9
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6.3 Utility Coordination Assistance
G&O will provide assistance with the utility coordination required for the project. This may include assistance with potential utility conflict identification and/or coordination with private
utility companies.
Assumptions
• City to be lead on all coordination with all utilities.
• Existing utility information (type, location, depth, etc.) to be included in basemap/survey provided by PLS.
• Any potholing of utilities as may be necessary to be completed by others.
• Any necessary (private) utility relocations to be completed prior to project construction. The City will request the utility companies to provide G&O with respective utility relocation plans for inclusion in design documents as may be necessary.
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7 CULTURAL RESOURCES
In 2023, Cultural Resource Consultants (CRC) completed a cultural resources assessment for the project. The area involved in the project has expanded. CRC will prepare documentation of the
current APE, conduct field investigations, and prepare an addendum to the 2023 cultural
resources assessment.
7.1 APE Letter
CRC will review data gathered from DAHP and project engineering plans to assist in establishing the project APE as outlined in Section 106 (36 CFR § 800.3) and in accordance with WSDOT’s Local Programs Guidelines. CRC will provide an APE letter to the CITY for WSDOT’s use in Section 106 consultation with the Washington State Historic Preservation Officer (SHPO) and affected tribes.
7.2 Field Investigations
CRC will conduct field investigations in areas in the current APE that were not covered in the 2023 cultural resources assessment. Prior to field investigations, CRC will request utility locator
services via the One-Call Utility Locate Center. Field investigations will include pedestrian survey
and excavation of shovel and/or auger probes in amenable environments that have the potential
to contain buried archaeological deposits. Methods will be consistent with DAHP guidelines.
7.3 Addendum to the Cultural Resources Assessment
CRC will document and record archaeological sites identified during field investigations on DAHP inventory forms. Documentation will be consistent with DAHP standards. Inventory forms
will be included in the report addendum, which will also describe field methods, results of
investigations, and management recommendations. The report will include an updated
inadvertent discovery plan (IDP). The addendum will provide supporting documentation of
findings, including maps and photographs, and will conform to DAHP reporting standards. The
report and supporting materials will be provided electronically.
Assumptions
• WSDOT, on behalf of FHWA, will act as lead agency for Section 106.
• No more than two (2) shovel/auger probes will be excavated. If extensive archaeological
deposits are encountered or if additional shovel test probes are warranted within the
project area, it may be necessary to modify this agreement to accommodate additional
investigations for purposes of site identification.
• Up to one (1) archaeological site and no historic sites will be identified in the APE.
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• Right-of-entry for any private property in the APE will be coordinated by others.
• No private utility locates will be required.
Deliverables
• Draft and final APE letter, provided electronically
• Draft and final addendum to the cultural resources assessment with inventory forms (if completed) and IDP, provided electronically
8 ENVIRONMENTAL PERMITTING
Environmental permitting will consist of preparing permit applications, supporting documentation and coordinating with regulatory agencies through the permit review and
approval process. The following permits and approvals are anticipated:
• NEPA approval from WSDOT/FHWA
• Corps of Engineers CWA Section 404 permit
• WDFW Hydraulic Project Approval
• City of Bremerton Critical Areas Ordinance compliance
The project is assumed to meet fish habitat exemption criteria of RCW 77.55.181 and SEPA review will therefore not be required.
8.1 Meetings and Coordination
Struck Environmental (SE) will coordinate with the project team and provide task management
and administration. The following activities will be completed:
• Participate in project kick off meeting and development of project work plan and
schedule.
• Participate in up to 10 consultant team and/or City meetings to coordinate work activities
and deliverables.
• Provide routine task project management and administration.
Assumptions
• Meetings will be virtual.
Deliverables
• Routine communications.
• Monthly progress reports.
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8.2 Environmental Documentation
SE will complete the following activities:
• Conduct site visit and delineate wetland limits that are within approximately 50-ft of the
potential waterline construction footprint. Update the existing wetland delineation and
ordinary high-water mark (OHWM) flagging to include the stream reach between West
Belfair Valley Road to approximately 200-ft upstream of the root wad obstruction.
Coordinate with PLS to incorporate critical area boundaries and features into CAD base
maps.
• Following confirmation of the design and mitigation approach, prepare a combined
Habitat Management Plan (HMP) and Wetland Delineation Report pursuant to the
Bremerton CAO that describes results of the field work and associated regulatory
assessment including stream/wetland ratings, buffers, impact avoidance/minimization and
mitigation requirements.
Assumptions
• Field flagging will be completed in one day.
• Survey and base map of existing conditions in pdf format to be provided by NHC/others.
• 45% complete plans and geomorphic/hydraulic analysis prepared by others will be used to support preparation of the HMP.
• Mitigation plans and associated permitting documentation for in-water water line impacts, and/or potential upstream impacts due to channel re-alignment, forest road protection or root wad removal is not included in the scope of work or budget.
Deliverables
• Field sketch of OHWM and wetland flagging.
• Draft and final Wetland Delineation Report/Habitat Management Plan.
8.3 NEPA Documentation
SE will prepare preliminary, draft and final NEPA Categorical Exclusion documentation package.
This task consists of the following activities:
• Prepare draft Area of Potential Effect (APE) exhibits and Section 106 (cultural and historic
resources) package. Review draft with project team and City and submit final APE to
WSDOT for approval. Coordinate with Cultural Resource Consultants (RCRC) to complete
the updated cultural resource report. The updated CRC report will be included as part of
the NEPA CE submittal.
• Prepare NEPA Categorical Exclusion Documentation Form and the following attachments:
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- Vicinity and Site Maps
- Site photographs
- STIP sheet
- Coast Guard approval for water crossing
- Hazardous materials technical memorandum
- Environmental Justice (EJ) memorandum including potential impact from project
related detours
- Bald eagle nest documentation
- Mature forest habitat assessment
• Prepare ESA 4(d) documentation form for NMFS species and prepare a No Effect
Memorandum for USFWS listed species.
• Prepare summary (2 page) Mitigation Plan for NEPA submittal that describes how
temporary and permanent in-water and buffer impacts will be mitigated.
• Submit the preliminary draft NEPA package for NHC review, and the draft unsigned NEPA
package to City for review. Prepare updates/revisions based on review comments.
Coordinate with NHC and the City for submittal of final signed NEPA package to WSDOT.
• Coordinate with WSDOT during NEPA review, address comments/issues and prepare
revisions and/or supplements.
Assumptions
• Site plan design drawings depicting project limits and elements (approximate 45% level)
will be prepared by NHC.
• The RRMP 4(d) ESA approval pathway and an ESA determination of No Effect for USFWS
listed species will be accepted by WSDOT. No Biological Evaluation will be required.
• No stormwater impact analysis will be required due to the RRMP 4(d) approval.
• The hazardous materials assessment will identify low potential to encounter hazardous
materials.
• The Environmental Justice analysis will identify low potential to impact disadvantaged
populations. Public outreach strategies to mitigate detour impacts, if necessary, will be
prepared by NHC/City.
• Cultural resource assessment will be provided by CRC.
• Response to issues and questions including WSDOT review comments will be provided on
a time and materials basis up to the 8 hour budget allowance. Effort that exceeds this
allowance will require a budget amendment.
Deliverables
• Preliminary, draft and final CE submittal package.
• Responses to WSDOT review comments on the NEPA submittal.
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8.4 Permit Applications and Approvals
SE will prepare federal, state and local permit applications necessary to construct the project. This
task consists of the following activities:
• Coordinate with the design team on the 45%, 60% and 90% design plans to ensure
consistency between permit and design documents.
• Coordinate with the City and WDFW and verify the project meets streamlined processing
criteria for Fish Habitat Enhancement projects.
• Provide fish habitat enhancement documentation package to the City Department of
Community Development pursuant to RCW 77.55.181.
• Prepare draft and final environmental documentation and permit applications consisting
of the following:
- JARPA form
- Fish Habitat Enhancement JARPA attachment
• Prepare permit application package to the USACOE for a Nationwide Permit (NWP).
• Submit the on-line team HPA application to WDFW.
• Coordinate with agency review staff through the permit application review process.
Assumptions
• The project is exempt from City of Bremerton site development and land use permits.
• NHC will lead negotiations with WDFW and the Suquamish tribe to develop a design that
meets co-manager approval.
• Engineering plans (60% and 90% complete), geomorphic, hydrologic and hydraulic
analysis will be prepared by others (NHC) and will be provided for inclusion in the permit
application packages.
• A Drainage Report, if required, will be prepared by others.
• No FEMA flood plain development permit will be required by the City.
• Response to agency issues and questions including review comments will be provided on
a time and materials basis up to the 8 hour budget allowance. Effort that exceeds this
allowance will require a budget amendment.
Deliverables
• Draft and final JARPA forms.
• HPA on-line application package.
• USACOE Nationwide Permit application package consisting of JARPA, approved CE form,
cultural resources report and HMP.
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9 DESIGN DEVELOPMENT – PLANS, SPECIFICATIONS, & ESTIMATE
The Consultant will provide 45%, 60%, 90%, and Final design packages for the project. Drawings and cost estimates will be developed at each phase. Special provisions/specifications will be
identified at 60% and full specifications package provided at 90% and Final design.
9.1 45% Design
The Consultant team will refine the 30% structure layout to accommodate scour and freeboard per WSDOT and FHWA criteria. Shannon & Wilson and Sargent will determine the most appropriate geotechnical solution for the crossing foundation while considering cost, space, and geotechnical constraints. A cost estimate and a constructability review will be developed.
The 45% Plan Set will include the following sheets:
1) Cover (1 sheet) 2) Horizontal Control & Existing Conditions (1 sheet) 3) Roadway Plan & Profile (1 sheet) 4) Roadway Details (1 sheet)
5) Bridge Plan, Elevation, and Typical Section (1 sheet)
6) Crossing Plan & Profile (1 sheet)
7) Stream Crossing Details (1 sheet)
8) Channel Enhancement Plan (1 sheet)
9) Channel Enhancement Details (1 sheet)
9.2 60% Design
The 60% Plan Set will include the following sheets:
1) Cover (1 sheet) 2) Notes, Legend, and Abbreviations (1 sheet) 3) Horizontal Control & Existing Conditions (1 sheet) 4) Site Preparation, TESC and Temporary Stream Diversion (1 sheet) 5) Traffic Control and Bypass Plan (2 sheets) 6) Roadway Plan & Profile (1 sheet) 7) Roadway Details (6 sheet) 8) Waterline relocation and details (4 sheet) 9) Crossing Plan & Profile (1 sheet)
10) Stream Crossing Typical Sections (1 sheet)
11) Stream Crossing Section Details (1 sheet)
12) Channel Enhancement Plan (1 sheet)
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13) Channel Enhancement Details (2 sheet) 14) Structural Notes (1 sheet) 15) Bridge Plan & Elevation (1 sheet) 16) Bridge Conceptual Construction Sequence (1 sheet) 17) Foundation Plan (1 sheet) 18) Abutment Plan (2 sheets) 19) Abutment Reinforcement (2 sheets)
20) Abutment Details (2 sheets)
21) Framing Plan (1 sheet)
22) Bridge Typical Section (1 sheet)
23) Deck Plan (1 sheet)
24) Girder Details (4 sheets)
25) Bridge Traffic Barrier (2 sheets)
26) Barlist (1 sheet)
27) Planting & Restoration Plan (3 sheet)
28) Planting & Restoration Details (1 sheet)
9.3 90% Design
The 90% design will progress the 60% design based on comments from the City’s and permitting agencies’ review of the 60% documents.
9.4 Final Design
The Final design will incorporate one round of consolidated comments from the City on the 90% PSE submittal. The Final design package will be produced as a draft and final version.
Assumptions
• One round of consolidated comments will be incorporated into each subsequent submittal.
• Specifications will follow WSDOT, “Standard Specifications for Road, Bridge, and Municipal Construction” (2025). – M41-10
• City staff will be responsible for assembling the final bid package
Deliverables
• 45% Plan Set and construction cost estimate
• 60% Plan Set, construction cost estimate, and draft project special provisions
• 90% Plan Set, construction cost estimate, and draft Division 2-9 project special provisions
• Final stamped plans and Division 1-9 specifications and cost estimate
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10 RIGHT OF WAY SERVICES
Abeyta & Associates shall provide pre-acquisition right-of-way services consistent with the Uniform Relocation Act and WAC 468-100 and its policies and procedures as amended together
with the City’s WSDOT-approved Policies and Procedures.
10.1 PROJECT MANAGEMENT AND QUALITY ASSURANCE
This task includes all work related to the management, administration, and coordination of Sub-consultant activities under the Project Management Institute’s standards. 1. Attend a total of three project team meetings with Northwest Hydraulic Consultants and/or the City, including the kick-off meeting, to obtain available information; discuss material and information needed (ROW Plan, Legal Descriptions, Exhibits, Staking, etc.); and obtain any additional information to assist preparing the ROW Funding Estimate, and for obtaining any additional information to assist in obtaining rights-of-entry agreements. 2. The Sub-consultant shall provide quality assurance throughout the life of the Agreement
to validate adequate administration, accounting, scheduling, communication, planning,
and pre-acquisition procedures leading to the deliverable products. The quality
assurance reviews shall be performed independently by the Sub-consultant’s Quality
Manager.
3. Participate in progress meetings by conference call and provide status meetings with
Northwest Hydraulic Consultants and/or the city – a maximum of six 30-minute
meetings.
4. Coordinate and address with the City and Northwest Hydraulic Consultants any concerns
raised by property owners regarding the potential impacts of the project and their
properties.
5. Have an ongoing responsibility in managing the pre-acquisition process and project
tasks of this scope and coordinate with the Project team to provide the required information to complete the services. 6. Provide timely input and progressive work to find answers to issues raised.
10.2 PRE-NEGOTIATION SERVICES
The Sub-consultant shall provide the following pre-negotiation services. The objective is to meet with property owners to discuss proposed project plans, address their concerns about potential
impacts, and obtain necessary right-of-entry permissions if required.
1. Conduct a review of the draft and final Right-of-Way Plans.
2. Conduct a review of the legal descriptions and exhibits.
3. Prepare an introduction letter to arrange a meeting with property owners.
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4. Prepare a ROW Funding Estimate consistent with the WSDOT LAG Manual for federally funded projects and submit it to the City and WSDOT for review and approval. 5. Arrange and conduct meetings with property owners to comprehensively discuss the proposed project plans. 6. Meet with property owners to obtain right-of-entries, as necessary.
Deliverables
• Sample Introduction Letter
• Comments on right-of-way plan
• ROW Funding Estimate
10.3 TITLE SERVICES
The Sub-consultant shall provide title services including but not limited to: 1. Conduct a review of title reports for each parcel to confirm the type of ownership structure and existing encumbrances including access easements and potential conflicts from utility encumbrances that may the proposed right-of-way improvements.
Deliverables
• Parcel Title Review Summaries – 2 Parcels
10.4 APPRAISAL AND APPRAISAL REVIEW SERVICES
The Consultant shall provide appraisal and appraisal review services including but not limited to: 1. Contract with a WSDOT-approved fee appraiser for one (1) Appraisal Report.
2. Contract with a WSDOT-approved fee review appraiser for the review of one (1) appraisal
review report.
3. Submit all Appraisal Reports and Appraisal Reviews to the City for review and
establishment of just compensation by the City.
4. Coordinate with the appraiser, review appraiser, and the City to resolve valuation-related
issues or concerns.
5. Prepare Appraisal Waiver reports for those parcels with a Just Compensation of less than $35,000 for a total of one parcel.
Deliverables
• Appraisal Reports and Appraisal Reviews – 1 parcel
• Appraisal Waiver Reports – 1 parcel
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10.5 NEGOTIATION SERVICES
The Consultant shall provide negotiation services including but not limited to: 1. Provide sample templates of all acquisition documents (offer letters, deeds, easements,
lender consent agreements, etc.) for the City’s review and approval for project use.
2. Maintain acquisition records in accordance with statutory, regulatory, and policy
requirements.
3. Review the right of way and construction plans.
4. Transmit the signed conveyance documents and payment vouchers to the City for
approval and processing. 5. Upon written permission to proceed, prepare a general information notice to be mailed to up to two (2) parcel owners impacted by the project, notifying them of the pending project and of the right-of-way acquisition and identifying the Consultant as the City representative. 6. Upon written permission to proceed, prepare offer and conveyance documents for each parcel and submit offer packages to the City and WSDOT Northwest Region Local Agency Coordinator, utilizing the pre-approved acquisition documents and forms. 7. If necessary, submit an example of the acquisition packages to WSDOT for review and approval. 8. Promptly present offers and negotiate in good faith with property owners to acquire necessary right-of-way and/or easement. 9. Collaborate with the City on the offers and property owner discussions. 10. Explain the project and show the design/and construction plans related to driveway access and all potential right-of-way impacts as addressed during the negotiation process.
11. Maintain individual negotiation files for each impacted tax parcel.
12. Conduct a minimum of three (3) significant and meaningful contacts with each property
owner before the recommendation of condemnation.
13. Provide written notice to the City of the impasse in negotiations.
14. Provide written notice to the City of recommendation for condemnation.
Deliverables
• Sample Introduction Letter
• Offer Packages
• Complete Acquisition files for payment or legal action
• Comments on the right-of-way and construction plans.
• Written notices of impasse in negotiations
• Written notices of recommendations for condemnation
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Assumptions
• All forms and documents shall comply with WSDOT standards and in accordance with statutory requirements.
• The City will provide right-of-way plans and drawings, maps, exhibits, and right-of-way staking.
• The City will provide legal descriptions in electronic format for all real property rights to be acquired.
• The City will provide approval of all acquisition documents in electronic format for all
legal conveyance documents and forms before use (i.e. offer letters, deeds, easements,
etc.).
• The City will make payment for all compensation payments to property owners,
recording fees, legal services, and any incidental costs that may be necessary to
complete each transaction and record the required acquisition documents with the City
auditor’s office.
• Assuming no relocation services currently.
• If relocation is needed, a scope amendment will address the additional work and an
additional budget will be negotiated.
10.6 CLOSING SERVICES
The Consultant shall provide closing services including but not limited to: 1. Conduct comprehensive checklist reviews for each acquisition file to support WSDOT and federal agency reviews. 2. Coordinate with the City and WSDOT Northwest Region Local Agency Coordinator to resolve right-of-way concerns and issues with WSDOT’s right-of-way acquisition file audit and certification review.
3. Submit signed conveyance documents to obtain signatures from the City of Bremerton..
4. Submit signed conveyance documents to the escrow company together with all
supporting documents including signed W-9s and Excise Tax Affidavits, as applicable to
record conveyance documents. Prepare Recording Instructions for the title company and
assist the escrow company in issuing escrow instructions and coordinating the wiring of
funds.
5. Prepare payment vouchers for any charges not paid for through the escrow company
and submit them to the City to process payment for up to two (2) parcels.
Deliverables
• Completed acquisition negotiation files and supporting records of all right-of-way
acquisition services to support WSDOT acceptance.
• Payment voucher/requests for payment supported by the City, W-9s, and other
documents required to process payment, and escrow instructions.
Parish Creek Fish Barrier Removal (Project No. 882) Scope of Work
28
11 BIDDING SUPPORT
Consultant will provide bid-phase support to the City on an as needed basis to provide desktop responses and calculations as necessary to answer questions during the bid-phase.
Assumptions
• City of Bremerton will track and facilitate responses RFAI’s.
• Up to two (2) responses RFAI’s will be provided.
Deliverables
• Email responses to two (2) RFAI’s.
12 CONSTRUCTION SUPPORT
Consultant will provide remote and on-site support to the City in support of the construction of the crossing structure and foundation, waterline realignment, and stream components. The Consultant will review and provide responses to Contractor submittals. Consultant will provide on-site construction observation. Consultant will provide post-construction record drawings as requested.
Assumptions
• City of Bremerton will provide Construction Management services including daily
inspection and construction management.
• Consultant will not attend pre-construction conference or regular progress meetings
during construction.
• City of Bremerton will track, facilitate, and respond to submittals and RFI’s.
• City of Bremerton will be responsible for tracking materials delivery and work complete.
• Contractor questions and decisions related to interpreting or modifying the design or
Contract Documents, e.g. change orders, will be directed to City for further coordination
or approval.
• Sargent will review Requests for Information (RFIs) related to structural components and
provide comments to NHC/Owner for compilation and response to the Contractor. This is limited to 8 hours.
• NHC will review RFIs and respond to up to four (4) RFI’s related to streambed material gradations and stream component installation.
• Sargent will review Contractor submittals for structural components and provide review comments to NHC/Owner for compilation and response to the Contractor. Submittals are expected to include shoring & excavation, concrete mix design, reinforcing steel shop drawings, formwork, prestressed slab shop drawings, and bearing pads.
Parish Creek Fish Barrier Removal (Project No. 882) Scope of Work
29
• Sargent will make one (1) site visit during construction, and will provide a summary report of our findings.
• Shannon & Wilson will make up to three (3) site visits to observe driving and testing of piles.
• NHC will make up to four (4) site visits to observe large woody debris and streambed material installation.
Deliverables
• Construction observation notes per site visit (up to eight)
• Written responses for up to materials, construction submittals, and RFIs (up to eight)
• Record drawings as requested to reflect final configuration of design elements.
Agreement Number: LA 11045
Exhibit B - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1
Exhibit B
DBE Participation
Abeyta & Associates will provide right of way services; Peninsula Land Survey (PLS) will provide survey
services; and Land Meets Water will provide landscape architecture services. The estimated portion of
the budget completed by DBE firms is 16%. It is anticipated that this project will meet or exceed the
project’s 16% DBE requirement.
Agreement Number: LA 11045
Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 4
Exhibit C
Preparation and Delivery of Electronic Engineering and Other Data
In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is
to use in preparing electronic files for transmission to the agency. The format and standards to be provided may
include, but are not limited to, the following:
I. Surveying, Roadway Design & Plans Preparation Section
A. Survey Data
See Exhibit A Scope of Work
B. Roadway Design Files
See Exhibit A Scope of Work
C. Computer Aided Drafting Files
See Exhibit A Scope of Work
Agreement Number: LA 11045
Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 2 of 4
D.Specify the Agency’s Right to Review Product with the Consultant
See Exhibit A Scope of Work
E.Specify the Electronic Deliverables to Be Provided to the Agency
See Exhibit A Scope of Work
F.Specify What Agency Furnished Services and Information Is to Be Provided
See Exhibit A Scope of Work
Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 3 of 4
Agreement Number: LA 11045
II.Any Other Electronic Files to Be Provided
See Exhibit A Scope of Work
III.Methods to Electronically Exchange Data
Email attachments and/or server file transfers
Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 4 of 4
Agreement Number: LA 11045
A.Agency Software Suite
See Exhibit A Scope of Work
B.Electronic Messaging System
Microsoft Outlook and Teams
C.File Transfers Format
See Exhibit A Scope of Work
Agreement Number: LA 11045
Exhibit D - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1
Exhibit D
Prime Consultant Cost Computations
Firm
Rate $90.00 $69.00 $49.88 $44.89 $44.89 $55.13 198.39%
Task Labor Categories Principal
Senior
Engineer 1 Scientist 2
Junior
Engineer
Junior
Scientist
GIS/CAD
Analyst 1
Total
Hours Labor Cost Overhead
Labor +
Overhead
Direct Costs for
Reimbursables
(Mileage,
equipment, etc.)Total by Task
1 Project Management
1.1 Project Coordination and Management 20 60 80 5,940$ 11,784$ 17,724$ -$ 17,724$
1.2 Meetings 10 42 52 3,798$ 7,535$ 11,333$ -$ 11,333$
2 Survey
3 Hydraulic Engineering
3.1 Geomorphic Site Assessment 5.5 7 28 2 48 0 90.5 4,619$ 9,164$ 13,783$ 200$ 13,983$
3.2 Hydraulic Analysis 3.5 18 0 60 0 0 81.5 4,250$ 8,432$ 12,683$ -$ 12,683$
3.3 Crossing & Stream Designs 10 52 12 96 28 0 198 10,653$ 21,134$ 31,787$ -$ 31,787$
3.3.2 Channel and Floodplain Enhancement Design 2 18 1 22 2 0 45 2,549$ 5,057$ 7,607$ -$ 7,607$
3.3.1 Crossing Design 4 12 3 24 6 0 49 2,684$ 5,325$ 8,010$ -$ 8,010$
3.3.3 45% Design 2 8 0 6 0 0 16 1,001$ 1,987$ 2,988$ -$ 2,988$
3.3.4 Hydraulic Report 2 14 8 44 20 0 88 4,418$ 8,765$ 13,183$ -$ 13,183$
3.4 QA/QC 12 12 1,080$ 2,143$ 3,223$ -$ 3,223$
4 Geotechnical Engineering
5 Structural Engineering
6 Roadway & Utility Engineering
7 Cultural Resources
8 Environmental Permitting
8.1 Meetings and Coordination 0 -$ -$ -$ -$ -$
8.2 Environmental Documentation 0 -$ -$ -$ -$ -$
8.3 NEPA Documentation 0 -$ -$ -$ -$ -$
8.4 Permit Applications and Approvals 0 8 0 18 0 30 56 3,014$ 5,979$ 8,993$ -$ 8,993$
9 Design Development - PS&E
9.1 45% Design 2.5 18 0 25 0 22 67.5 3,802$ 7,543$ 11,345$ -$ 11,345$
9.1.1 Channel & Floodplain Enhancement 0.5 4 5 12 21.5 1,207$ 2,395$ 3,602$ 3,602$
9.2 60% Design 6 25 0 20 0 35 86 5,092$ 10,103$ 15,195$ -$ 15,195$
9.2.1 Channel & Floodplain Enhancement 2 4 4 6 16 966$ 1,917$ 2,883$ -$ 2,883$
9.3 90% Design 6 25 0 12 0 17 60 3,741$ 7,422$ 11,162$ -$ 11,162$
9.3.1 Channel & Floodplain Enhancement 2 6 4 4 16 994$ 1,972$ 2,966$ -$ 2,966$
9.4 Final Design 12 34 0 10 0 8 64 4,316$ 8,562$ 12,878$ -$ 12,878$
9.4.1 Channel & Floodplain Enhancement 1 2 2 4 9 538$ 1,068$ 1,606$ -$ 1,606$
10 Right of Way Services
11 Bidding Support
RFAIs 2 4 6 456$ 905$ 1,361$ -$ 1,361$
12 Construction Support
12.1 RFIs and submittal reviews 2 8 10 732$ 1,452$ 2,184$ -$ 2,184$
12.2 Site Visits 32 32 2,208$ 4,380$ 6,588$ 400$ 6,988$
12.3 Record Drawings 2 6 12 20 1,256$ 2,491$ 3,746$ -$ 3,746$
99 355 40 258 76 150 978
58,663$ 116,381$ 175,044$ 600$ 175,644$
17,599$
193,243$ Total Cost Plus Fixed Fee
NHC
Total Hours
Total Costs
30% Fixed Fee
Exhibit D-1
Prime Consultant Cost Computations Summary
Project: Parish Creek Fish Barrier Removal (Agreement No. LA 11045)
Direct Salary Cost (DSC):
Classification Hours Rate (DSC) Cost
Principal 99 x $90.00 x $8,910.00
Senior Engineer 1 355 x $69.00 x $24,495.00
Scientist 2 40 x $49.88 x $1,995.20
Junior Engineer 258 x $44.89 x $11,581.62
Junior Scientist 76 x $44.89 x $3,411.64
GIS/CAD Analyst 1 150 x $55.13 x $8,269.50
Total DSC =$58,662.96
Overhead (OH Rate x DSC):
Overhead Rate 1.9839 x $58,662.96 =$116,381.45
Fixed Fee (FF Rate x DSC):
FF Rate 30%x $58,662.96 =$17,598.89
Reimburseables:
Mileage 857 miles x 0.7 =$600.00
Subconsultants
Land Meets Water $16,650.00
Abeyta $44,526.00
Cultural Resources Consultants $3,850.00
Struck Environmental $35,776.00
Shannon & Wilson, Inc.$48,875.00
Sargent $149,957.00
Gray & Osborne, Inc.$103,616.00
Peninsula Land Survey, LLC $54,256.00
Subtotal (Salary, Subconsultants, and Expenses)$650,749.29
Management Reserve Fund (MRF)
Management Reserve $40,000.00
Grand Total Estimated Budget $690,749
05/19/2025
December 23, 2024
Northwest Hydraulic Consultants, Inc. (NHC)
12787 Gateway Dr. S.
Seattle, WA 98168
Subject: Acceptance FYE 2024 ICR – CPA Report
Dear Diane Numrich:
We have accepted your firm’s FYE 2024 Indirect Cost Rate (ICR) of 198.39% of direct labor (rate
includes 0.81% Facilities Capital Cost of Money) based on the “Independent CPA Report”
prepared by Shannon & Associates, LLP. This rate will be applicable for WSDOT Agreements
and Local Agency Contracts in Washington only. This rate may be subject to additional review if
considered necessary by WSDOT. Your ICR must be updated on an annual basis.
Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms
and conditions of the respective agreement/contract.
This was not a cognizant review. Any other entity contracting with the firm is responsible for
determining the acceptability of the ICR.
If you have any questions, feel free to contact our office at (360) 704-6397 or via email
consultantrates@wsdot.wa.gov.
Regards,
SCHATZIE HARVEY, CPA
Contract Services Manager
SH: BJO
Agreement Number: LA 11045
Exhibit E - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1
Exhibit E
Sub-consultant Cost Computations
If no sub-consultant participation at this time. The CONSULTANT shall not sub-contract for the
performance of any work under this AGREEMENT without prior written permission of the AGENCY.
Refer to section VI “Sub-Contracting” of this AGREEMENT.
Firm
Rate $60.00 120%
Task Labor Categories
Landscape
Architect Total Hours Labor Cost Overhead
Labor +
Overhead
Direct Costs for
Reimbursables
(Mileage,
equipment, etc.)Total by Task
1 Project Management
1.1 Project Coordination and Management 8 8 480$ 576$ 1,056$ -$ 1,056$
1.2 Meetings 3 3 180$ 216$ 396$ -$ 396$
9 Design Development - PS&E
9.1 45% Design 0 0 -$ -$ -$ -$ -$
9.2 60% Design 40 40 2,400$ 2,880$ 5,280$ -$ 5,280$
9.3 90% Design 40 40 2,400$ 2,880$ 5,280$ -$ 5,280$
9.4 Final Design 20 20 1,200$ 1,440$ 2,640$ -$ 2,640$
111 111
6,660$ 7,992$ 14,652$ -$ 14,652$
1,998$
16,650$ Total Cost Plus Fixed Fee
Land Meets Water
Total Hours
Total Costs
30% Fixed Fee
April 3, 2025
Tristan Fields, Owner
Land Meets Water, LLC
2212 Walnut Ave SW
Seattle, WA 98116-2051
Re: Land Meets Water, LLC
Safe Harbor Indirect Cost Rate Extension
Dear Tristan:
Washington State has received approval from our local Federal Highway Administration (FHWA)
Division to continue administering the “safe harbor” indirect cost rate program on engineering and
design related service contracts, as well as for Local Public Agency projects.
We completed our risk assessment for Land Meets Water, LLC in April 2022. Our assessment was
conducted based on the documentation provided by the firm. The reviewed data included, but was not
limited to, a description of the company, basis of accounting, accounting system and the basis of indirect
costs. Based on our review, we found the firm eligible to use the Safe Harbor rate. Land Meets Water
opted to use the Safe Harbor rate, rather than provide a FAR-compliant rate.
Based on further review and discussion with the firm, we are issuing an extension of the Safe Harbor
Indirect Cost Rate of 120% of direct labor with a field rate, where applicable, of 90% of direct labor for
Land Meets Water.
Land Meets Water agreed to improve Internal Controls and timekeeping processes to be able to develop
an Indirect Cost Rate Schedule in the future in accordance with the Federal Acquisition Regulations
(FAR), Subpart 31. The WSDOT Internal Audit Office has provided guidance and information related
to FARs and the AASHTO Audit Guide. You may use the Safe Harbor Rate of 120%, or 90% for field
office situations, for agreements entered prior to June 30, 2026. For agreements entered after this date,
please contact the WSDOT Consultant Services Office (CSO) or our office for guidance.
The Safe Harbor Rate will not be subject to audit. Please coordinate with CSO or your Local Programs
contact if you have questions about when to apply the Safe Harbor rate to your agreement.
If you have any questions, please contact Steve McKerney or me at (360)705-7799.
Sincerely,
Jarron Elter
Agreement Compliance Audit Manager
cc: Steve McKerney, Director of Internal Audit
Maryna Ya
File
August 14, 2024
Rosa M. Villa, Principal
Rosa M. Abeyta, LLC dba Abeyta & Associates
3924 California Avenue SW
Seattle, WA 98116-3706
Re: Rosa M. Abeyta, LLC dba Abeyta & Associates
Safe Harbor Indirect Cost Rate Extension
Dear Rosa:
Washington State has received approval from our local Federal Highway Administration (FHWA)
Division to continue administering the “safe harbor” indirect cost rate program on engineering and
design related service contracts, as well as for Local Public Agency projects.
We completed our risk assessment for Rosa M. Abeyta, LLC dba Abeyta & Associates in November
2019. Our assessment was conducted based on the documentation provided by the firm. The reviewed
data included, but was not limited to, a description of the company, basis of accounting, accounting
system and the basis of indirect costs. Based on our review, we found the firm eligible to use the Safe
Harbor rate. Abeyta & Associates opted to use the Safe Harbor rate, rather than provide a FAR-
compliant rate.
Based on further review and discussion with the firm, we are issuing an extension of the Safe Harbor
Indirect Cost Rate of 120% of direct labor with a field rate, where applicable, of 90% of direct labor for
Abeyta & Associates.
Abeyta & Associates agreed to improve Internal Controls and timekeeping processes to be able to
develop an Indirect Cost Rate Schedule in the future in accordance with the Federal Acquisition
Regulations (FAR), Subpart 31. The WSDOT Internal Audit Office has provided guidance and
information related to FARs and the AASHTO Audit Guide. You may use the Safe Harbor Rate of
120%, or 90% for field office situations, for agreements entered prior to June 30, 2025. For agreements
entered after this date, please contact the WSDOT Consultant Services Office (CSO) or our office for
guidance.
The Safe Harbor Rate will not be subject to audit. Please coordinate with CSO or your Local Programs
contact if you have questions about when to apply the Safe Harbor rate to your agreement.
If you have any questions, please contact Steve McKerney or me at (360)705-7799.
Sincerely,
Jarron Elter
Agreement Compliance Audit Manager
cc: Steve McKerney, Director of Internal Audit
Maryna Ya
File
Agreement Number: LA 11045
Exhibit E - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1
Firm
Rate 75.48$ 1.20
Task Labor Categories
P. Struck
Senior
Scientist Total Hours Labor Cost Overhead
Labor +
Overhead
Direct Costs for
Reimbursables
(Mileage,
equipment, etc.)Total by Task
1 Project Management
2 Survey
3 Hydraulic Engineering
4 Geotechnical Engineering
5 Structural Engineering
6 Roadway & Utility Engineering
7 Cultural Resources
8 Environmental Permitting
8.1 Meetings and Coordination 34 34 2,566$ 3,080$ 5,646$ 5,646$
8.2 Environmental Documentation 70 70 5,284$ 6,340$ 11,624$ 300$ 11,924$
8.3 NEPA Documentation 46 46 3,472$ 4,166$ 7,639$ -$ 7,639$
8.4 Permit Applications and Approvals 38 38 2,868$ 3,442$ 6,310$ -$ 6,310$
9 Plans, Specifications, & Estimate
10 Right of Way Services
188 188
14,190$ 17,028$ 31,219$ 300$ 31,519$
4,257$
35,776$ Total Cost Plus Fixed Fee
Struck Environmental
Total Hours
Total Costs
30% Fixed Fee
April 15, 2025
Northwest Heritage Consultants, LLC dba Cultural Resource Consultants, LLC
PO Box 4159
Seattle, WA 98194
Subject: Acceptance FYE 2024 ICR – Audit Office Review
Dear Teresa Peterson:
Transmitted herewith is the WSDOT Audit Office’s memo of “Acceptance” of your firm’s FYE
2024 Indirect Cost Rate (ICR) of 102.95% of direct labor. This rate will be applicable for WSDOT
Agreements and Local Agency Contracts in Washington only. This rate may be subject to
additional review if considered necessary by WSDOT. Your ICR must be updated on an annual
basis.
Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms
and conditions of the respective agreement/contract.
This was not a cognizant review. Any other entity contracting with your firm is responsible for
determining the acceptability of the ICR.
If you have any questions, feel free to contact our office at (360) 704-6397 or via email
consultantrates@wsdot.wa.gov.
Regards,
SCHATZIE HARVEY, CPA
Contract Services Manager
SH:kb
March 14, 2024
Phil Struck
Struck Environmental, Inc.
PO Box 2168
Poulsbo, WA 98370
Re: Struck Environmental, Inc.
Safe Harbor Indirect Cost Rate Addendum
Dear Phil:
Washington State has received approval from our local Federal Highway Administration (FHWA)
Division to increase the Safe Harbor Indirect Cost Rates from 110% and 80% for home and field to
120% and 90% respectively.
You’ll be able to update your rates on any WSDOT agreements based on the agreement terms. Please
refer to your agreement for specific information on rate updates. For questions on updating your billing
rate, please contact the Contract Services Office at consultantrates@wsdot.wa.gov.
You may use the Safe Harbor Rate of 120%, or 90% for field office situations, for agreements entered
prior to June 30, 2025. For agreements entered after this date, please contact the WSDOT Consultant
Services Office (CSO) or our office for guidance.
The Safe Harbor Rate will not be subject to audit. Please coordinate with CSO or your Local Programs
contact if you have questions about when to apply the Safe Harbor rate to your agreement.
If you have any questions, please contact Steve McKerney or me at (360)705-7799.
Sincerely,
Jarron Elter
Agreement Compliance Audit Manager
cc: Steve McKerney, Director of Internal Audit
Larry Schofield, MS 47323
File
JaJaJJJJaJaJaJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJrron Elter
Agreement Complianananannnnnnnnnannaaaace
Agreement Number: LA 11045
Exhibit E - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1
Firm
Rate 84.10$ 64.63$ 57.74$ 37.62$ 41.35$ 36.64$ 187.54%
Task Labor Categories
VP/Princip
al in
Charge
Senior
Professional
III
Senior
Prof.
Engineer II
Profession
al II
Senior
Office
Services
GIS/CAD
Tech
Services
IV
Total
Hours Labor Cost Overhead
Labor +
Overhead
Direct Costs for
Reimbursables
(Mileage,
equipment, etc.)Total by Task
1 Project Management
2 S urvey
3 Hydraulic Engineering
4 Geotechnical Engineering
4.1 Team Coordination and Concept Review 8 8 16 1,135$ 2,128$ 3,263$ -$ 3,263$
4.2 Subsurface Exploration (1 CPT to 110 Ft.)6 10 16 723$ 1,355$ 2,078$ 7,645$ 9,723$
4.3 Geotechnical Analyses 8 17 66 0 0 0 91 5,582$ 10,469$ 16,051$ -$ 16,051$
4.3.1 QA/QC 2 2 2 6 366$ 687$ 1,053$ -$ 1,053$
4.4 Draft Geotechnical Report 8 24 6 8 46 2,600$ 4,876$ 7,475$ -$ 7,475$
4.5 Final Geotechnical Report 4 4 4 12 733$ 1,374$ 2,107$ -$ 2,107$
5 Structural Engineering
6 Roadway & Utility Engineering
7 Cultural Resources
8 Environmental Permitting
9 Plans, Specifications, & Estimate
10 Right of Way Services
11 Bidding Support
RFAIs 0 -$ -$ -$ -$ -$
12 Construction Support
12.1 RFIs and submittal reviews 0 -$ -$ -$ -$ -$
12.2 Site Visits 30 30 1,732$ 3,249$ 4,981$ 360$ 5,341$
12.3 Record Drawings 0 -$ -$ -$ -$ -$
30 17 110 10 12 8 187
12,871$ 24,138$ 37,009$ 8,005$ 45,014$
3,861$
48,875$ Total Cost Plus Fixed Fee
Shannon & Wilson, Inc.
Total Hours
Total Costs
30% Fixed Fee
Firm
Rate 74.50$ 58.50$ 50.00$ 36.50$ 197.81%
Task Labor Categories Principal
Senior
Project
Engineer
Project
Engineer
Design
Engineer
Total
Hours Labor Cost Overhead
Labor +
Overhead
Direct Costs for
Reimbursables
(Mileage,
equipment, etc.)Total by Task
1 Project Management
2 Survey
3 Hydraulic Engineering
4 Geotechnical Engineering
5 Structural Engineering
5.1 Preliminary Design 67 102 169 10,092$ 19,962$ 30,053$ 210$ 30,263$
5.2 60% Bridge Design 30 278 308 16,135$ 31,917$ 48,052$ -$ 48,052$
5.3 90% Bridge Design 12 114 62 188 10,663$ 21,092$ 31,755$ -$ 31,755$
5.4 Final Bridge Design 8 25 73 106 5,709$ 11,292$ 17,000$ -$ 17,000$
5.5 Bridge Load Rating 6 12 18 738$ 1,460$ 2,198$ -$ 2,198$
6 Roadway & Utility Engineering
7 Cultural Resources
8 Environmental Permitting
9 Plans, Specifications, & Estimate
10 Right of Way Services
11 Bidding Support
RFAIs
12 Construction Support
12.1 RFIs and submittal reviews 2 34 36 1,849$ 3,658$ 5,507$ -$ 5,507$
12.2 Site Visits 8 8 400$ 791$ 1,191$ 315$ 1,506$
12.3 Record Drawings
119 139 563 12 833
45,585$ 90,172$ 135,757$ 525$ 136,282$
13,676$
149,957$ Total Cost Plus Fixed Fee
Sargent
Total Hours
Total Costs
30% Fixed Fee
June 6, 2024
Shannon & Wilson, Inc.
400 N. 34th St, Suite 100
Seattle, WA 98103
Subject: REVISED - Acceptance FYE 2023 ICR – Cognizant Review
Dear Peter L. Gowell:
We have accepted your firms FYE 2023 Indirect Cost Rate (ICR) of 187.54% of direct labor based
on the “Cognizant Review” from Washington State Department of Transportation (WSDOT) who
accepted the audit performed by BPM, LLP as follows:
Combined/Corporate: 187.15%
Facilities Capital Cost of Money (FCCM): 0.39%
This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington
only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR
must be updated on an annual basis.
Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms
and conditions of the respective agreement/contract.
Any other entity contracting with your firm is responsible for determining the acceptability of the
ICR.
If you have any questions, feel free to contact our office at (360) 704-6397 or via email
consultantrates@wsdot.wa.gov.
Regards,
SCHATZIE HARVEY, CPA
Contract Services Manager
SH:sms
April 16, 2025
Sargent Engineers, Inc
320 Ronlee Lane NW
Olympia, WA 98502
Subject: Acceptance FYE 2024 ICR – CPA Report
Dear Molly Cichosz:
We have accepted your firm’s FYE 2024 Indirect Cost Rate (ICR) of 197.81% of direct
labor based on the “Independent CPA Report” prepared by Shannon & Associates LLP
This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington
only. This rate may be subject to additional review if considered necessary by WSDOT.
Your ICR must be updated on an annual basis.
Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms
and conditions of the respective agreement/contract.
This was not a cognizant review. Any other entity contracting with the firm is responsible for
determining the acceptability of the ICR.
If you have any questions, feel free to contact our office at (360) 704-6397 or via email
consultantrates@wsdot.wa.gov.
Regards,
SCHATZIE HARVEY, CPA
Contract Services Manager
SH: kb
Agreement Number: LA 11045
Exhibit E - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1
Firm
Rate 85.00$ 75.00$ 61.00$ 42.00$ 41.00$ 188.44%
Task Labor Categories Principal
Project
Manager
Project
Engineer EIT
GIS/CAD
Analyst 1 Total Hours Labor Cost Overhead
Labor +
Overhead
Direct Costs for
Reimbursables
(Mileage,
equipment, etc.)Total by Task
1 Project Management
2 Survey
3 Hydraulic Engineering
4 Geotechnical Engineering
5 Structural Engineering
6 Roadway & Utility Engineering
6.1 Roadway Design 68 140 24 40 272 16,288$ 30,693$ 46,981$ 250$ 47,231$
6.2 Waterline Design 40 120 40 40 240 13,640$ 25,703$ 39,343$ -$ 39,343$
6.3 Utility Coordination Assistance 24 12 0 0 36 2,532$ 4,771$ 7,303$ -$ 7,303$
7 Cultural Resources
8 Environmental Permitting
0 132 272 64 80 548
32,460$ 61,168$ 93,628$ 250$ 93,878$
9,738$
103,616$ Total Cost Plus Fixed Fee
Gray & Osborne, Inc.
Total Hours
Total Costs
30% Fixed Fee
Firm
Rate 100.00$ 75.00$ 42.00$ 56.00$ 45.00$ 30.00$ 120%
Task Labor Categories
Principal
Surveyor
Survey
Project
Manage
r
Billing
Admin
Office
Technician
Party
Chief
Crew
Member
Total
Hours Labor Cost Overhead
Labor +
Overhead
Direct Costs for
Reimbursables
(Mileage,
equipment, etc.)Total by Task
1 Project Management
2 Survey
2.1 Boundary Survey 2 1 1 8 20 20 52 2,265$ 2,718$ 4,983$ 358$ 5,341$
2.1.1 Right of Way Determination 4 1 4 4 4 17 966$ 1,159$ 2,125$ 178$ 2,303$
2.2 Topographic Mapping 0 -$ -$ -$ -$
2.2.1 Area 1 1 3 2 12 30 30 76 3,331$ 3,997$ 7,328$ 881$ 8,209$
2.2.2 Area 2 1 8 2 32 70 70 183 7,826$ 9,391$ 17,217$ 1,111$ 18,329$
2.3 Easement Drafting 4 1 32 37 2,234$ 2,681$ 4,915$ -$ 4,915$
2.4 Post Construction As-built 2 3 2 20 30 30 87 3,879$ 4,655$ 8,534$ 476$ 9,010$
12 Construction Support
12.1 RFIs and submittal reviews 0 -$ -$ -$ -$
12.2 Site Visits 0 -$ -$ -$ -$
12.3 Record Drawings 0 -$ -$ -$ -$
14 15 9 108 154 154 452
20,501$ 24,601$ 45,102$ 3,004$ 48,106$
6,150$
54,256$ Total Cost Plus Fixed Fee
Peninsula Land Survey LLC
Total Hours
Total Costs
30% Fixed Fee
April 2, 2024
Kristy Allinson, Owner
Peninsula Land Survey, LLC
PO Box 1332
Port Orchard, WA 98366-3340
Re: Peninsula Land Survey, LLC
Safe Harbor Indirect Cost Rate
Dear Kristy:
Washington State has received approval from our local Federal Highway Administration (FHWA)
Division to continue administering the “safe harbor” indirect cost rate program on engineering and
design related service contracts, as well as for Local Public Agency projects.
We have completed our risk assessment for Peninsula Land Survey, LLC. We conducted our assessment
based on the documentation provided by the firm. The reviewed data included, but was not limited to, a
description of the company, basis of accounting, accounting system and the basis of indirect costs.
Based on our review, your firm is eligible to use the Safe Harbor rate. You have opted to use the Safe
Harbor rate, rather than provide a FAR-compliant rate at this time.
We are issuing the Safe Harbor Indirect Cost Rate of 120% of direct labor, and a field rate, where
applicable, of 90% of direct labor for Peninsula Land Survey. The Safe Harbor rate is effective on April
2, 2024.
Peninsula Land Survey has agreed to improve Internal Controls and timekeeping processes to be able to
develop an Indirect Cost Rate Schedule in the future in accordance with the Federal Acquisition
Regulations (FAR), Subpart 31. The WSDOT Internal Audit Office has provided guidance and
information related to FARs and the AASHTO Audit Guide. You may use the Safe Harbor Rate of
120%, or 90% for field office situations, for agreements entered prior to June 30, 2027. For agreements
entered after this date, please contact the WSDOT Consultant Services Office (CSO) or our office for
guidance.
The Safe Harbor Rate will not be subject to audit. Please coordinate with CSO or your Local Programs
contact if you have questions about when to apply the Safe Harbor rate to your agreement.
If you have any questions, please contact Steve McKerney or me at (360)705-7799.
Sincerely,
Jarron Elter
Agreement Compliance Audit Manager
cc: Steve McKerney, Director of Internal Audit
Maryna Ya
File
CERTIFICATION OF FINAL INDIRECT COSTS – FOR A SAFE HARBOR INDIRECT COST RATE Firm Name: ____Peninsula Land Survey LLC___ I, the undersigned, certify that I have reviewed the proposal to establish the Safe Harbor rate. The firm is electing to use the SAFE HARBOR INDIRECT COST RATE of 120% of direct labor with a field rate, when applicable, of 90% of direct labor. To the best of my knowledge and belief: a) The firm has not had a FAR compliant indirect cost rate previously accepted by any other state agency. b) The firm will provide reports as required by the SAFE HARBOR RATE program on their progress toward compliance with the cost principles of the Federal Acquisition Regulations (FAR) of title 48, Code of Federal Regulations (CFR), part 31. All known material transactions or events that have occurred affecting the firm’s ownership, organization and prior & current indirect cost rates have been disclosed. The firm agrees to follow the ‘Path to Compliance”. Steps noted below: The Pathway must include:
• A timekeeping system which includes the Internal Controls d escribed in chapter 6 of AASHTO Uniform
Audit & Accounting Guide
• An accounting system which separates indirect costs and direct costs
• An accounting system which separates allowable and unal lowable cost
• A compliant job cost system which is general ledger driven • Training for accounting personnel and key management on Part 31 of the Federal Acquisition Regulations,
Contract Cost Principles and Procedures
• A strong written internal control policy with a policy and procedures manual *Signature: _____________________________________________________________________ *Name of Certifying Official (Print): ___Kristy Allinson_________________________________ *Title: ___Owner________________________________________________________________ Date of Certification (mm/dd/yyyy): _____04/02/2024___________________________________ *Note: This form is to be completed by an individual executive or financial officer of the consultant at a level no lower than a Vice President or Chief Financial Officer, or equivalent, who has the authority to represent the financial information utilized to establish the indirect cost rate proposal submitted in conjunction with the agreement.
Exhibit F - Title VI Assurances Appendix A & E
APPENDIX A
During the performance of this contract, the contractor, for itself, its assignees, and successors in
interest (hereinafter referred to as the "contractor") agrees as follows:
1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts
and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department of
Transportation, (Title of Modal Operating Administration), as they may be amended from time to time, which
are herein incorporated by reference and made a part of this contract.
2. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not
discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors,
including procurements of materials and leases of equipment. The contractor will not participate directly or
indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices
when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21.
[Include Modal Operating Administration specific program requirements.]
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations,
either by competitive bidding, or negotiation made by the contractor for work to be performed under a
subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or
supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and
the Regulations relative to Non-discrimination on the grounds of race, color, or national origin. [Include
Modal Operating Administration specific program requirements.]
4. Information and Reports: The contractor will provide all information and reports required by the Acts, the
Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other
sources of information, and its facilities as may be determined by the Recipient or the (Title of Modal
Operating Administration) to be pertinent to ascertain compliance with such Acts, Regulations, and
instructions. Where any information required of a contractor is in the exclusive possession of another who fails
or refuses to furnish the information, the contractor will so certify to the Recipient or the (Title of Modal
Operating Administration), as appropriate, and will set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non- discrimination
provisions of this contract, the Recipient will impose such contract sanctions as it or the (Title of Modal
Operating Administration) may determine to be appropriate, including, but not limited to:
a. withholding payments to the contractor under the contract until the contractor complies; and/or
b. cancelling, terminating, or suspending a contract, in whole or in part.
6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in
every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the
Regulations and directives issued pursuant thereto. The contractor will take action with respect to any
subcontract or procurement as the Recipient or the (Title of Modal Operating Administration) may direct as a
means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor
becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction,
the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In
addition, the contractor may request the United States to enter into the litigation to protect the interests of the
United States.
Local Agency A&E Professional Services Cost
Plus Fixed Fee Consultant Agreement Revised 02/01/2021
Agreement Number LA 11045
Exhibit F - Title VI Assurances Appendix A & E
APPENDIX E
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes
and authorities; including but not limited to:
Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §
4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of
Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of
sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CFR Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination
on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits
discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or
activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and
contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of
disability in the operation of public entities, public and private transportation systems, places of public
accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by
Department of Transportation regulations at 49 C.F.R. parts 37 and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations, which ensures discrimination against minority populations by discouraging
programs, policies, and activities with disproportionately high and adverse human health or
environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency,
and resulting agency guidance, national origin discrimination includes discrimination because of limited
English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to
ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating
because of sex in education programs or activities (20 U.S.C. 1681 et seq).
Local Agency A&E Professional Services Agreement Number Shorey2022-1
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
Agreement Number: LA 11045
Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1
Exhibit G
Certification Documents
Exhibit G-1(a)
Certification of Consultant
Exhibit G-1(b) Certification of City of Bremerton
Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters -
Primary Covered Transactions
Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
Exhibit G-4 Certificate of Current Cost or Pricing Data
Agreement Number: LA 11045
Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021
Exhibit G-1(a) Certification of Consultant
I hereby certify that I am the and duly authorized representative of the firm of
Northwest Hydraulic Consultants Inc.
whose address is
12787 Gateway Drive S., Seattle, WA 98168
and that neither the above firm nor I have:
a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration,
any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT)
to solicit or secure this AGREEMENT;
b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of
any firm or person in connection with carrying out this AGREEMENT; or
c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely
for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in
connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any);
I acknowledge that this certificate is to be furnished to the Washington State Department of Transportation
and the Federal Highway Administration, U.S. Department of Transportation in connection with this
AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and
Federal laws, both criminal and civil.
Northwest Hydraulic Consultants, Inc.
Consultant (Firm Name)
Signature (Authorized Official of Consultant) Date
Agreement Number: LA 11045
Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021
Exhibit G-1(b) Certification of City of Bremerton
I hereby certify that I am the:
Mayor
Other
of the City of Bremerton , and Northwest Hydraulic Consultants, Inc.
or its representative has not been required, directly or indirectly as an express or implied condition in connection
with obtaining or carrying out this AGREEMENT to:
a)Employ or retain, or agree to employ to retain, any firm or person; or
b)Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration
of any kind; except as hereby expressly stated (if any):
I acknowledge that this certificate is to be furnished to the Washington State Department of Transportation
and the Federal Highway Administration, U.S. Department of Transportation, in connection with this
AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and
Federal laws, both criminal and civil.
Signature Date
x
Agreement Number: LA 11045
Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021
Exhibit G-2 Certification Regarding Debarment, Suspension and Other
Responsibility Matters - Primary Covered Transactions
I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals:
A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
B. Have not within a three (3) year period preceding this proposal been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under
a public transaction; violation of Federal or State anti-trust statues or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving
stolen property;
C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b)
of this certification; and
D. Have not within a three (3) year period preceding this application / proposal had one or more public
transactions (Federal, State and local) terminated for cause or default.
II. Where the prospective primary participant is unable to certify to any of the statements in this certification,
such prospective participant shall attach an explanation to this proposal.
Northwest Hydraulic Consultants, Inc.
Consultant (Firm Name)
Signature (Authorized Official of Consultant) Date
Agreement Number: LA 11045
Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021
Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds
for Lobbying
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any Federal agency, a Member
of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative AGREEMENT, and the extension, continuation, renewal, amendment,
or modification of Federal contract, grant, loan or cooperative AGREEMENT.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete and submit
Standard Form - LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into
this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000.00, and not more than $100,000.00,
for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require
that the language of this certification be included in all lower tier sub-contracts, which exceed $100,000,
and that all such sub-recipients shall certify and disclose accordingly.
Northwest Hydraulic Consultants, Inc.
Consultant (Firm Name)
2/7/2022
Signature (Authorized Official of Consultant) Date
Agreement Number: LA 11045
Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021
Exhibit G-4 Certificate of Current Cost or Pricing Data
This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section
2.101 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted,
either actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer’s
representative in support of Parish Creek Fish Passage Barrier Removal are accurate, complete, and current
as of May 16, 2025
**.
This certification includes the cost or pricing data supporting any advance AGREEMENT’s and forward pricing
rate AGREEMENT’s between the offer or and the Government that are part of the proposal.
Firm: Northwest Hydraulic Consultants, Inc.
Signature Title
Date of Execution***:
*Identify the proposal, quotation, request for pricing adjustment, or other submission involved, giving the appropriate identifying number (e.g. project title.)
**Insert the day, month, and year, when price negotiations were concluded and price AGREEMENT was reached.
***Insert the day, month, and year, of signing, which should be as close as practicable to the date when the price negotiations were concluded and the
contract price was agreed to.
Agreement Number: LA 11045
Exhibit H - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1
Exhibit H
Liability Insurance Increase
To Be Used Only If Insurance Requirements Are Increased
The professional liability limit of the CONSULTANT to the AGENCY identified in Section XII, Legal Relations
and Insurance of this Agreement is amended to $NO CHANGE .
The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the
amount of $NO CHANGE .
Such insurance coverage shall be evidenced by one of the following methods:
• Certificate of Insurance.
• Self-insurance through an irrevocable Letter of Credit from a qualified financial institution.
Self-insurance through documentation of a separate fund established exclusively for the payment of professional
liability claims, including claim amounts already reserved against the fund, safeguards established for payment
from the fund, a copy of the latest annual financial statements, and disclosure of the investment portfolio for
those funds.
Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed
$1 million per occurrence or the value of the contract, whichever is greater, then justification shall be submitted
to the Federal Highway Administration (FHWA) for approval to increase the minimum insurance limit.
If FHWA approval is obtained, the AGENCY may, at its own cost, reimburse the CONSULTANT for the additional
professional liability insurance required.
Notes: Cost of added insurance requirements: $N/A .
Include all costs, fee increase, premiums.
This cost shall not be billed against an FHWA funded project.
• For final contracts, include this exhibit.
Agreement Number: LA 11045
Exhibit I - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 2
Exhibit I
Alleged Consultant Design Error Procedures
The purpose of this exhibit is to establish a procedure to determine if a consultant’s alleged design error is of a
nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution
and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage
due to the alleged error by the consultant.
Step 1 Potential Consultant Design Error(s) is Identified by Agency’s Project Manager
At the first indication of potential consultant design error(s), the first step in the process is for the Agency’s
project manager to notify the Director of Public Works or Agency Engineer regarding the potential design
error(s). For federally funded projects, the Region Local Programs Engineer should be informed and
involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an
agency staff person other than the project manager, who has not been as directly involved in the project,
to be responsible for the remaining steps in these procedures.)
Step 2 Project Manager Documents the Alleged Consultant Design Error(s)
After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the
Director of Public Works or Agency Engineer’s concurrence, the project manager obtains more detailed
documentation than is normally required on the project. Examples include: all decisions and descriptions
of work; photographs, records of labor, materials and equipment.
Step 3 Contact the Consultant Regarding the Alleged Design Error(s)
If it is determined that there is a need to proceed further, the next step in the process is for the project
manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged
error(s). The project manager and other appropriate agency staff should represent the agency and the
consultant should be represented by their project manager and any personnel (including sub-consultants)
deemed appropriate for the alleged design error(s) issue.
Step 4 Attempt to Resolve Alleged Design Error with Consultant
After the meeting(s) with the consultant have been completed regarding the consultant’s alleged design
error(s), there are three possible scenarios:
It is determined via mutual agreement that there is not a consultant design error(s). If this is the case,
then the process will not proceed beyond this point.
It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case,
then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement
with the consultant. The settlement would be paid to the agency or the amount would be reduced from
the consultant’s agreement with the agency for the services on the project in which the design error
took place. The agency is to provide LP, through the Region Local Programs Engineer, a summary
of the settlement for review and to make adjustments, if any, as to how the settlement affects federal
reimbursements. No further action is required.
There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may
request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency
Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal
counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5.
Agreement Number: LA 11045
Exhibit I - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 2 of 2
Step 5 Forward Documents to Local Programs
For federally funded projects all available information, including costs, should be forwarded through the
Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet
with representatives of the agency and the consultant to review the alleged design error(s), and attempt
to find a resolution to the issue. If necessary, LP will request assistance from the Attorney General’s Office
for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of project costs
for federal reimbursement.
If mutual agreement is reached, the agency and consultant adjust the scope of work and costs
to reflect the agreed upon resolution. LP, in consultation with FHWA, will identify the amount
of federal participation in the agreed upon resolution of the issue.
If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration
or by litigation.
Agreement Number: LA 11045
Exhibit J - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 2
Exhibit J
Consultant Claim Procedures
The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following
procedures should only be utilized on consultant claims greater than $1,000. If the consultant’s claim(s) are a total
of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the
Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant’s claim(s)
that total $1,000 or less.
This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential
claim by the consultant.
Step 1 Consultant Files a Claim with the Agency Project Manager
If the consultant determines that they were requested to perform additional services that were outside
of the agreement’s scope of work, they may be entitled to a claim. The first step that must be completed
is the request for consideration of the claim to the Agency’s project manager.
The consultant’s claim must outline the following:
• Summation of hours by classification for each firm that is included in the claim;
Any correspondence that directed the consultant to perform the additional work;
Timeframe of the additional work that was outside of the project scope;
• Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with
the additional work; and
Explanation as to why the consultant believes the additional work was outside of the agreement
scope of work.
Step 2 Review by Agency Personnel Regarding the Consultant’s Claim for Additional Compensation
After the consultant has completed step 1, the next step in the process is to forward the request to the
Agency’s project manager. The project manager will review the consultant’s claim and will met with the
Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the
FHWA is participating in the project’s funding, forward a copy of the consultant’s claim and the Agency’s
recommendation for federal participation in the claim to the WSDOT Local Programs through the Region
Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from
agency funds.
If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs
(if applicable), and FHWA (if applicable) agree with the consultant’s claim, send a request memo, including
backup documentation to the consultant to either supplement the agreement, or create a new agreement
for the claim. After the request has been approved, the Agency shall write the supplement and/or new
agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for
the agreement is subject to audit. No further action in needed regarding the claim procedures.
If the Agency does not agree with the consultant’s claim, proceed to step 3 of the procedures.
Agreement Number: LA 11045
Exhibit J - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 2 of 2
Step 3 Preparation of Support Documentation Regarding Consultant’s Claim(s)
If the Agency does not agree with the consultant’s claim, the project manager shall prepare a summary
for the Director of Public Works or Agency Engineer that included the following:
Copy of information supplied by the consultant regarding the claim;
• Agency’s summation of hours by classification for each firm that should be included in the claim;
Any correspondence that directed the consultant to perform the additional work;
• Agency’s summary of direct labor dollars, overhead costs, profit and reimbursable costs associated
with the additional work;
• Explanation regarding those areas in which the Agency does/does not agree with the consultant’s
claim(s);
Explanation to describe what has been instituted to preclude future consultant claim(s); and
Recommendations to resolve the claim.
Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation
The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove
the claim, or portions thereof, which may include getting Agency Council or Commission approval (as
appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain
concurrence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the claim
is not eligible for federal participation, payment will need to be from agency funds.
Step 5 Informing Consultant of Decision Regarding the Claim
The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final
decision regarding the consultant’s claim(s). Include the final dollar amount of the accepted claim(s)
and rationale utilized for the decision.
Step 6 Preparation of Supplement or New Agreement for the Consultant’s Claim(s)
The agency shall write the supplement and/or new agreement and pay the consultant the amount
of the claim. Inform the consultant that the final payment for the agreement is subject to audit.
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: June 11, 2025
Public Hearing and Resolution No. 3399
to adopt the 2026 – 2031 Six Year
Transportation Improvement Program
COUNCIL MEETING Date: June 18, 2025
Department: PW&U Engineering
Presenter: Gunnar Fridriksson
Phone: (360) 473-5758
SUMMARY: The Six Year Transportation Improvement Program (TIP) is prepared pursuant to RCW
35.77.010. The TIP is updated annually and filed with the Puget Sound Regional Council (PSRC)
and Washington State Department of Transportation (WSDOT). It is intended as a planning tool for
the local, State and Federal transportation funding entities. The TIP has been prepared for City
Council approval by Resolution prior to submittal to PSRC and WSDOT. This TIP is consistent with
Bremerton’s Comprehensive and Non-Motorized Transportation Plans.
ATTACHMENTS: 1) Resolution No. 3399; 2) 2026 – 2031 Six Year TIP Projects – UPDATED
6/17/25 AT 3:52 PM
FISCAL IMPACTS (Include Budgeted Amount): Annual adoption of a Six Year TIP is required by
State law and is necessary to receive certain State and Federal Transportation funds.
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☒ Public Hearing
RECOMMENDED MOTION:
Move to approve Resolution No. 3399, which approves the City’s 2026 – 2031 Six Year
Transportation Improvement Program and allow the Mayor to forward the Resolution and Plan to the
Puget Sound Regional Council and Washington Department of Transportation.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 04/19/2024
6A
Page 1 of 1
Resolution
Rev. 03/2024
RESOLUTION NO. 3399
A RESOLUTION of the City Council of the City of
Bremerton, Washington, adopting the 2026 – 2031 Six Year
Transportation Improvement Program.
WHEREAS, after proper notice, the City Council of the City of Bremerton
held a public hearing at the regular meeting of the City Council at 5:00 p.m. on June 18, 2025,
to consider public testimony on the City’s proposed 2026 – 2031 Six Year Transportation
Improvement Program and, having considered public testimony to the Program and in
accordance with the provisions of RCW 35.77.010; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The 2026 through 2031 Six Year Transportation Improvement
Program, set forth in Exhibit “A” attached hereto and herewith filed with the City Clerk, is
hereby adopted.
SECTION 2. Severability. If any one or more sections, subsections, or
sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Resolution and the same shall remain in full
force and effect.
SECTION 3. Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
ERIC YOUNGER,
Council President
APPROVED AS TO FORM: ATTEST:
KYLIE J. FINNELL, City Attorney ANGELA HOOVER, City Clerk
R:\Legal\Legal\Forms\FORMS ON COBWEB\Resolution Rev. 03 2024.doc
20312026 2027 2028 2029Six-Year Period TotalTRANSPORTATION IMPROVEMENT PROGRAM2026-20312030Priority ScoringTier 1 FundedCity Safety Improvement160,000160,000 160,000160,000 160,000TR00066960,000NA 160,000Signal System Upgrades100,000100,000 100,000100,000 100,000TR00068600,000NA 100,000City Street Lighting35,00055,000 35,00035,000 35,000TR00105230,000NA 35,000Streets Preservation and Maintenance Program750,000750,000 750,000750,000 750,000TR001394,500,000NA 750,000Signage and Pavement Marking Maintenance300,000300,000 300,000300,000 300,000TR001421,800,000NA 300,000Sidewalk Program500,000500,000 500,000500,000 500,000TR001433,000,000NA 500,000Bridge Inspection and Repair Program20,000--20,000 20,000TR0014460,000NA -Belfair Valley Road Subgrade Repair & Overlay50,00050,000 50,00050,000 50,000TR00151300,00039 50,000SR 303 Adaptive Signals (Sheridan to Riddell)-1,560,000 ---TR001591,560,00040 -View Ridge Elementary (Almira SRTS) Phase 1-1,789,995 ---TR00043A1,789,99536 -Parish Creek Culvert Replacement -430,000 -2,343,000 -SW000292,773,00025 -$1,915,000$5,694,995 $1,895,000$4,258,000 $1,915,000 $17,572,995Tier 1Subtotal $1,895,000Tier 2 Partially FundedWerner Road - Signal Improvements and Widening-- 350,000350,000 8,900,000TR000659,600,00078 -11th Street Corridor Design Project-810,000 -661,550 -TR002051,471,55062 -6th Street Active Transportation Improvements-1,580,000 -1,580,000 -TR000243,160,00061 -View Ridge Elementary (Almira SRTS) Phase 2-780,000 6,237,000390,000 -TR00043B7,407,00055 -SR 303 Warren Ave Bridge Multimodal Improvements-1,000,000 12,000,00012,000,000 -TR0002925,000,00053 -Naval Avenue Road Diet-1,169,600 -7,500,000 -TR000108,669,60051 -Phinney Bay Retaining Wall and Guardrail Project-----TR00154-30 -Sinclair / Union Intersection Improvements-- 1,000,000250,000 -TR001481,250,00020 --$5,339,600$19,587,000$22,731,550 $8,900,000 $56,558,150Tier 2Subtotal -Tier 3 UnfundedMarine Drive LOS Improvements at Kitsap Way-----TR00111-75 -Burwell Street Adaptive Signals-----TR00071-70 -Kitsap Way (SR 310)/Corbet Dr Intersection Improvements-----TR00206-63 -11th Street Improvements (Kitsap Way to Naval)-----TR00150-56 -Adaptive Signals - Warren Avenue - Burwell to 17th Street-----TR00199-53 -National Avenue Reconstruction - 1st Street to National Avenue-----TR00026-52 -Catalyst School (SRTS)-----TR00197-48 -Riddell Road Sidewalk Improvement (SR 303 to Almira)-----TR00053-47 -6/17/2025Page 1 of 2
20312026 2027 2028 2029Six-Year Period TotalTRANSPORTATION IMPROVEMENT PROGRAM2026-20312030Priority ScoringActive Transportation Facilties Sheridan to Warren Ave Bridge-----TR00108-46 -Mid-block crossings and corridor preliminary design-----TR00198-46 -Pedestrian Connector Under Warren Ave Bridge South-----TR00161-45 -Pine Road Construction-----TR00017-43 -11th Street Preservation (Naval to Warren)-----TR00156-43 -RRFB on Sheridan-----TR00203-43 -Sylvan Reconstruction - SR 303 to Pine Road-----TR00016-42 -Mountain View Middle School (SRTS)-----TR00040-41 -11th Street Corridor Improvement Project (Warren to Pacific)-----TR00007-39 -Matan & Lillian & James Sidewalk Connector-----TR00056-39 -Gorst Sinclair Trail (Planning)-----TR00047-35 -Kitsap Lake Vicinity Ped/Bike Improvements Planning Study-----TR00110-35 -Shared Use Path Sheridan to Sylvan-----TR00167-35 -Improve Shorewood Drive through the NAD Park to Jackson Park-----TR00022-34 -Clare Street Improvements-----TR00202-34 -Enhance Callow Avenue Streetscape-----TR00201-22 -N. Wycoff Reconstruction - 24th to 26th Streets-----TR00214-17 -12th Street Reconstruction (Warren/Elizabeth)-----TR00155-16 -Wayfinding Implementation Phase II-----TR00213-11 ------ -Tier 3Subtotal -Grand Total$1,915,000$11,034,595$21,482,000$26,989,550$10,815,000 $74,131,145$1,895,0006/17/2025Page 2 of 2
Update Report
Transportation Improvement Program
2026-2031
Washington State law requires the annual adoption of a 6-year
transportation improvement program (TIP) after a public hearing in
accordance with RCW 35.77.010.
The TIP is to be filed with the Secretary of Transportation for
Washington State no more than 30 days after adoption.
Changes to this year’s plan:
Tier 1:
•Moved Parish Creek Culvert Replacement from Tier 2 as it
is now fully funded.
Tier 2:
•Moved 11th Street Corridor Design Project from Tier 3 as it
is partially funded.
Tier 3:
•Added Marine Drive LOS Improvements at Kitsap Way as
an identified concurrency project.
•Added Kitsap Way(SR 310)/Corbet Drive Intersection
Improvements as an identified concurrency project.
•Ranked and added Pine Road Construction.
Changes to this year’s plan:
Tier 3: (continued)
•Ranked and added N. Wycoff Reconstruction – 24th to 26th
Streets.
•Ranked and added Wayfinding Implementation Phase II at
the request of Admin. This project will incorporate the
Charleston Area Wayfinding and Bridge to Bridge Trail
Wayfinding Projects which were on the list.
•Removed North/South Corridor Bike/Ped Backbone
Improvements as the project limits are unclear and it
appears to be redundant to other projects.
•Removed E. Bremerton Shared Use Path as it is redundant
to other projects.
•Staff are currently working on a standardized project summary
sheet that will be used for all CIP and TIP projects.
•Score and prioritize projects in Tier 4.
•Evaluate and rank projects from the Active Transportation Plan
and updated ADA Transition Plan for inclusion on next year’s TIP.
Steps for next year:
Published for
June 18
Council Meeting
Comments
Item 6A
From: Travis Merrigan <bikebremerton@gmail.com>
Sent: Tuesday, June 17, 2025 2:37 PM
To: City Council <City.Council@ci.bremerton.wa.us>
Subject: Comments on Transportation Improvement Program list
City Council,
I'm concerned with the 'Priority Scoring' on the TIP list. It appears that the scoring rates
road capacity projects much higher than any other type of transportation project.
I coded the projects in Green as road capacity, and Blue as multimodal safety. As you can
see in the 'Partially Funded' list, the road capacity projects on Werner and 11th were
scored significantly higher than the safety projects on 6th and Almira.
The 'Unfunded' list is even starker. The top 6 projects are all road capacity. The Catalyst
School SRTS (48 points was 56% lower priority than the Kitsap/Marine Drive roundabout
(75 score)? Whose priority is that? How were these scores assigned?
Obviously a priority score is more than a beauty contest. It will determine which projects
the City will seek funding for in future rounds. Seems like the Administration has its foot on
the scale for road capacity projects.
I'd like to see some transparency around the scores. Make sure the Mayor's priority
matches the people's priority.
Thank you,
Travis Merrigan
Bremerton
From: dianne iverson <diverson1950@gmail.com>
Sent: Friday, June 20, 2025 4:56 AM
To: City Council <City.Council@ci.bremerton.wa.us>
Subject: TIP list and Jarsted Park to Kitsap Lake Trail
Bremerton Council President Younger and Bremerton City Council members,
I am Dianne Iverson, a resident of city council district 7. I am here tonight to support
improvements to our multi-modal infrastructure here in Bremerton. Our city and county is
a dangerous place to walk, to bike and to use a wheelchair. We can do so much
better. Our TIP project list is an important document. I have many ideas on how to
improve the process for getting projects on the TIP list, but tonight I will just focus on the
project list, not the process.
I strongly support the Jarsted Park to Kitsap Lake Trail. This future 3.1 mile trail is a
collaboration with Kitsap County and Ueland Tree Farm. In 2016, a feasibility study was
funded and a trail route recommended. Ueland Tree Farm, Kitsap County, and the City of
Bremerton facilitated and funded this feasibility study. This proposed trail has been in the
non-motorized plan since 2007. It is a trail supported by residents of our
community. West Sound Cycling Club has collected 1700 signatures from local residents
who want to see this trail be built, not just in a plan to be built.
Kitsap County Emergency Management has notified the city of the county's support for this
3.1 mile trail. I am excited to see the County’s enthusiasm for this project. So, Wwhy
would Emergency Management weigh in on a paved trail in this location? This paved trail
will improve access for First Responders who need to get from Bremerton Airport to the
north part of the county during an emergency. It provides a specific need that all of us can
appreciate.
There is no safe connection between Gorst and Bremerton for cyclists, whether they are
commuting or recreating. This proposed trail offers a viable solution. If you’ve ever been
crazy enough to ride SR 3 to Gorst from Bremerton on a bike, you know what I mean. It is
dangerous.
As a resident of Bremerton I want this trail to be a win win proposition. I want a safe place
for all ages and abilities to walk, bike or roll on this 3.1 mile paved trail. I want first
responders to be able to access Bremerton and all points north in case of an
emergency. And, I want our watershed to be protected. With strong political leadership,
and an attitude of problem solving important issues, I know this trail can be completed.
It’s been almost 20 years since this was proposed. Let’s not make it 20 more years.
Thank you council for supporting this project. Your support is keeping this dream
alive. Our kids and families deserve a safe place to walk, bike and roll. This trail will do just
that.
Dianne Iverson
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Resolution No. 3400 Study Session Date: June 11, 2025
to provide guidance to the Lodging Tax
Advisory Committee for 2027 Funding
Priorities
COUNCIL MEETING Date: June 18, 2025
Department: City Council
Presenter: Council President
Phone: (360) 473-5280
SUMMARY: Following review of the recommendations made in the Transition Study completed by
Westbrook | Main, LLC in 2024, the Council is now providing guidance to the Lodging Tax Advisory
Committee for the following funding priorities in 2027:
1) One destination marketing organization focused on producing and implementing a tourism
and marketing plan specifically promoting the City of Bremerton and local Bremerton-
based tourism operations
2) Improved facilities at Pendergast Park in recognition of the value of the youth sports travel
market and the positive impact it can have on the overall tourism market in Bremerton
Since these priorities involve a change in how funds are allocated, the intent of the Council is to
provide this direction with adequate time for the LTAC to review and consider these changes, before that
funding cycle.
ATTACHMENTS: 1) Draft Resolution; 2) City of Bremerton LTAC Transition Study
by Westbrook | Main, LLC; 3) San Juan County Destination Marketing Organization Request
for Proposals; and 4) Gig Harbor for Destination Marketing Organization Grant Application
FISCAL IMPACTS (Include Budgeted Amount): N/A
STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to pass Resolution No. 3400, providing guidance to the Lodging Tax Advisory Committee
regarding 2027 Funding Priorities.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 04/19/2024
7A
Page 1 of 2
CONCERNING LODGING
TAX PROCEED ALLOCATION
RESOLUTION NO. 3400
A RESOLUTION of the City Council of the City of
Bremerton, Washington to provide guidance to the Lodging Tax
Advisory Committee as to the City’s desired allocation of lodging
tax proceeds beginning in 2027.
WHEREAS, the City of Bremerton currently levies a lodging tax pursuant to RCW
67.28, proceeds of which, pursuant to BMC 3.64, are placed in a special fund to be used solely for
the purpose of paying for tourism promotion, acquisition, or operation of tourism-related facilities;
and
WHEREAS, in 2024 the City of Bremerton engaged Westbrook/Main, LLC to
study the use and efficacy of distribution of Lodging Tax dollars within the City of Bremerton;
and
WHEREAS, the City Council of the City of Bremerton has considered the
recommendations in the attached Westbrook/Main, LLC 2024 LTAC Transition Study Report (the
“Westbrook/Main Report”) and desires to act on several recommendations and shift the City’s
approach to allocating lodging tax proceeds in order to ensure more efficient and effective funding
of tourism promotion and tourism operations within the City of Bremerton; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council requests the Lodging Tax Advisory Committee
prioritize the following items from the Westbrook/Main Report in its 2027 funding
recommendations:
A.) One destination marketing organization focused on producing and implementing a
tourism and marketing plan specifically promoting the City of Bremerton and local
Bremerton-based tourism operations, and
B.) Improved facilities at Pendergast Park in recognition of the value of the youth sports
travel market and the positive impact it can have on the overall tourism market in
Bremerton.
SECTION 2. Severability. If any one or more sections, subsections, or
sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Resolution and the same shall remain in full
force and effect.
SECTION 3. Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
Page 2 of 2
CONCERNING LODGING
TAX PROCEED ALLOCATION
PASSED by the City Council of the City of Bremerton, Washington this _____
day of __________________, 2025.
ERIC YOUNGER, Council President
APPROVED AS TO FORM: ATTEST:
KYLIE J. FINNELL, City Attorney ANGELA HOOVER, City Clerk
1
SAN JUAN COUNTY
LODGING TAX
DESTINATION MARKETING ORGANIZATION
REQUEST FOR PROPOSALS
I. DESCRIPTION
San Juan County has established a tourism promotion program, funded by a portion of the
revenue collected under the state Lodging Tax excise statutes.
The purpose of this posting is to seek proposals (“The Proposal”) from qualified entities
(“DMO”) interested in:
Managing a locally-based, full-time destination marketing program which will
oversee the development and implementation of the Countywide Destination
Marketing Plan, in cooperation with the County’s Economic Development Council,
Chambers of Commerce, Terrestrial Manager’s group and other appropriate groups.
II. BACKGROUND
San Juan County is one of the most desirable tourist destinations in the country due to its
natural beauty and variety of outdoor activities. It currently experiences an uneven
tourism year, with a strong summer season, with substantial capacity in the remainder of
the year.
San Juan County is in the final year of a successful contract with a destination marketing
organization (DMO) in which all proceeds (approximately $350,000/year) of the
promotional portion of the lodging tax were contracted to the DMO. The DMO has been
the single promotional contractor, with sub-contracting terms allowing contracts with
chambers of commerce and the economic development council (for data study). The
DMO made distributions of approximately 15% of the contract to island chambers of
commerce for purposes of providing visitor information and other services. The proposal
that resulted in this contract sought destination marketing services which included
advertising, media relations, social media, trade shows, visitor education, market
research, measurement criteria, etc.
2
The 2017 process is intended to be an evolution and refinement of the contracts to
date. In the current contract offering, San Juan County is interested in a flexible
business model in which the DMO does not control all proceeds. In the flexible
model, the County shall contract directly with the Chambers of Commerce on Lopez,
Orcas and San Juan Islands and the County shall be responsible for tracking the
Chambers accountability and deliverables.
The contract(s) may be for up to five years with an annual “off-ramp” allowing
termination by either party without penalty.
Actual funding depends on Lodging Tax collections. For the purpose of these
proposals, DMO funding remains at approximately $350,000 per year. If lodging tax
collections for promotional funds exceed $425,000 in a given year, the DMO shall
receive 35% of that excess amount.
III. AREAS OF EMPHASIS
The DMO will be expected to achieve the following objectives:
• Emphasis on tourism improvement throughout the year, including the off
season.
• Promoting tourism that typifies the “best of the San Juan Islands” – its
natural beauty, geology, outdoor activities, anthropology, watchable
wildlife, experiential learning, agricultural attractions, lifelong learning
opportunities, history, culture and the arts.
• Evidence of market penetration via a variety of methods:
i Consumer advertising
ii Media relations – placement of media stories
iii Travel trade relations
iv Targeted trade show presence
v Website/Internet marketing
vi Social media
vii Targeted niche marketing (i.e. weddings, wine, cultural, arts)
viii Attracting meetings and retreats
ix Business to business marketing
• Developing innovative promotional opportunities (i.e. new events,
interesting partnerships)
3
• Improving the tourist/islander relationship/enhancing the tourism
experience
i Visitor education strategies
ii Community education strategies
• Improved effectiveness and compliance
i Market research/visitor surveys
ii Identifying and tracking performance measures
iii Reporting requirements
IV. SELECTION PROCESS
All Proposals will be received by the County Manager and forwarded to the LTAC for a
determination as to whether they meet the minimum eligibility requirements. Proposals
that do not meet minimum eligibility requirements will not be evaluated. Those Proposals
that do meet the eligibility requirements (below) will be evaluated by the LTAC which
will make recommendations to the County Council. DMO’s whose Proposals meet the
selection criteria will have an opportunity to make a presentation to the LTAC during the
evaluation process.
County staff will meet with the DMO of the approved Proposal to prepare the contract.
The contract will include a requirement for liability insurance, that the DMO submit a
final report at the end of the year and may include a requirement that periodic reports be
submitted. Once the DMO signs the contract, the staff will notify the DMO to proceed.
V. SELECTION CRITERIA
The criteria used by the LTAC to evaluate and rank the Proposals are as follows:
A. Promoting Tourism. Will the proposal attract off Island visitors to the San Juans
throughout the year? The successful proposal(s) will show specific and
comprehensive strategies to draw visitors to the San Juan Islands, including multiple
islands, areas and visitor options. Successful proposals will highlight the unique
nature of each island’s character through island-specific marketing campaigns and
other cooperative strategies.
B. Promoting Special Natural Features, History, Arts and Culture. Promote the natural,
green, eco-friendly attributes of the San Juans, the growing desire of visitors for
lifelong learning which can focus on natural and environmental attributes, area
history, arts and culture.
C. Innovation. Does the proposal represent a new or unusual approach to furthering the
promotion goals?
4
D. Visitor Promotion and Education.
a. Does it develop and execute a plan for coordinating visitor services
county-wide?
b. Does it develop and execute a plan for direct visitor promotion using
effective methods such as: consumer advertising, media relations,
familiarization tours, event promotion, travel & trade show promotion.
E. Market Research and Measurement Criteria. How will the proposal develop and
maintain San Juan Islands visitor demographics and niche movements? How will it
track and measure visitor impact, such as user & provider surveys?
F. Cost-effectiveness. Will the proposal be an efficient, economical use of the funds?
How will this be shown or measured?
G. Clarity. Are the components of the proposal broken into a progression of logical
steps with dates or milestones when each will be undertaken and/or completed?
Proposals should include milestones, benchmarking, performance measures that can
be tracked and will be reported to show effectiveness to include a section that
addresses the specific goals and milestones for each island.
H. Cooperative Nature. What kind and degree of inter-organizational partnership does
the proposal exhibit? Proposals should show strategies to partner, pair, and
coordinate in the spirit of “co-operation” to bring increased benefits to all.
I. Self-evaluation. Benchmarking and performance evaluation are an important part of
judging an effective Proposal. Does the DMO provide for an adequate method of
evaluating the effects of the Proposal upon completion? How will the DMO do this
and report it to the County? Has the proposal laid out a strategy to demonstrate the
way that funds will be equitably used on the various islands?
J. Area of Impact. Which elements of the County economy will the proposal impact?
The total impact can be measured in terms of both direct dollar expenditures made
by the visitors and indirect dollar expenditures made as money moves through the
community. In evaluating this criterion, more weight will be given to the direct
dollar expenditures, since they are more readily measurable. More weight will also
be given to breadth of economic impact. It is the intent of the County to include
performance measures in the contract(s), (such as the number or increase of
attendees at events, improvement in occupancy rates, number of clients served).
K. Equitably Benefits Lodging Tax Participants. Does the proposal equitably provide
benefits to all tourist facilities including collectors of lodging taxes?
5
VI. ELIGIBILITY
A. Proponent Eligibility
Proposals may be submitted by any for-profit or non-profit entity, any public agency,
or any group of individuals. San Juan County does not discriminate on the basis of
race color, national origin, sex, religion, age or disability, and its contracts require the
same of its contractors.
B. Proposal Eligibility
1. State Requirements – The most basic eligibility requirement is that the DMO
demonstrate clearly and convincingly that funding of the proposal would be
used in compliance with the State law, which governs the use of hotel-motel
funds. Chapter 67.28, RCW provides authority for cities and counties to adopt a
lodging tax of up to four percent of lodging charges made by hotels, motels,
rooming houses, tourist courts, trailer camps or any similar charges for a license
to use real property. The County currently levies a tax of four percent with two
percent reserved for promotion of tourism.
2. County Requirements - The County uses tax revenue each year for grants that
will clearly meet the State’s definition of tourism promotion. In addition to
meeting the requirements of the State statute, County code has established the
following definition for “Tourism Promotion”, which is virtually identical to
the state definition.
’Tourism promotion’ means activities and expenditures designed to increase
tourism, including, but not limited to advertising, publicizing, or otherwise
distributing information for the purpose of attracting and welcoming tourists;
developing strategies to expand tourism; operating tourism promotion
agencies; and funding marketing of special events and festivals designed to
attract tourists.
In addition, the County has established the following eligibility requirements:
A. Project Requirements:
i.The proposal must specifically promote San Juan County
and prominently mention the San Juan Islands in all
materials;
ii.The proposal must be designed to disseminate information for
the purpose of attracting off-Island visitors to the County with
a particular emphasis toward marketing for the shoulder
season months.
6
B. Contracting Requirements:
i. All contracts include a normal requirement for liability insurance of
at least $1,000,000.00 per incident, with San Juan County named as
an additional insured on the policy;
ii. Proposal costs cannot be paid in advance with grant money; that is,
the sponsor must expend its own funds on approved items and seek
reimbursement under the terms of the contract that will be signed
by the County. The County will periodically review
reimbursements and monitor for compliance;
iii. Proposal costs incurred prior to the grant approval and execution
of a written contract with the County will not be reimbursed;
iv. The proposal must be of no more than one year’s duration or one
year’s budget; although the contract with the DMO may be
extended annually for up to five years, with the mutual consent of
the parties and with an annual “off ramp”. County consent will be,
in part, contingent on successful performance and meeting of
proposal goals.
v. Every proposal must have one designated individual to act as a
contact for the project throughout the duration of the project and that
person must have authority to obligate all sponsoring parties.
C. Compliance Requirements:
i. If the applicant is a non-profit corporation, a copy of its current
Annual Report must be provided and if the non-profit corporation
claims to be a tax exempt charitable, religious or educational
organization, a copy of the IRS 501 C3 or C6 recognizing that
status must be provided, as well as the most recent IRS return if
applicable;
ii. All applicants must provide regular financial statements accounting
for the use of grant funds and must comply with the State reporting
requirements per RCW 67.28.1816.
7
VI. PROPOSALS
Completed Proposals, of no more than six (6) pages must be received by 4:00 p.m.
on Thursday, August 31, 2017. It is the DMO’s responsibility to confirm delivery
and receipt.
San Juan County
Destination Marketing Organization Request for Proposal
Mail: 350 Court Street #1, Friday Harbor, WA 98250
Hand delivered: 55 Second Street, 1st floor, Friday Harbor, WA 98250
Electronic: (Email PDF or Microsoft Word format files to): sueko@sanjuanco.com
VIII. MONITORING
The DMO will be monitored for progress and consistency with the scope and timeline of
the contract, as outlined in the proposal. All requests for reimbursement for approved
costs shall be in writing and shall have supporting documentation to verify the
expenditure of the funds included in the invoice. All invoices shall be verified as
complete and accurate by the County.
In the event the DMO fails in a material way to perform under the terms of the signed
contract, the County Council has the right to suspend or terminate funding for the
remainder of the contract. However, the Council can make no such decision until the
DMO has been notified of the apparent failure and given an opportunity to address the
Council.
IX. REIMBURSEMENT FUNDING
Funds available under this program are revenues received by the County from the
Transient Rental Income section of Washington State Excise Tax levied on the lodging
industry. LTAC, appointed by the County Council, is the advisory body for these funds.
Reimbursements will be made to the DMO within approximately 30 days of submittal of
invoices. The DMO is responsible for all incurred financial obligations (i.e. DMO pays
vendors, County pays DMO). DMO is required to maintain original receipts and financial
records relative to funds awarded per Washington State requirements. DMO is liable for
funds not used in accordance with the contract.
CITY OF GIG HARBOR
2025-2026 LODGING TAX FUNDING
APPLICATION
Lodging Tax Funds Requested: $_______________
For tourism-related direct marketing operations during the 2025-2026
calendar years.
APPLICATION DEADLINE: FRIDAY, MAY 31, 2024
For application assistance please contact City Clerk Josh Stecker at (253) 853 -7613 or
cityclerk@gigharborwa.gov prior to Friday, August 26.
Organization/Agency Name: _______________________________________________
Contact Name and Title: __________________________________________________
Mailing Address: ____________________________________
City: _______________________ State: ____ Zip Code: ________
Phone: ______________________ Email Address: ____________________________
Name & Email address of person authorized to contract with the city for grant funding (if
different than above): __________________________________________________
Complete application packet must include the following:
☐ Completed application
☐ Copy of Non-Profit Registration (not required for organizations that have previously
been awarded lodging tax funding)
☐ IRS Form W -9 (not required for organizations that have previously been awarded
lodging tax funding)
☐ Annual operational budget
Application Questions
1. Describe your tourism-related operations. List the name and date(s) of the event
and describe why tourists will travel to Gig Harbor to visit your facility or because of
your marketing efforts.
2. Have you requested LTAC funds for these services previously?
Yes☐ or No ☐
If “Yes”, was it approved by LTAC? Yes☐ or No ☐
3. Describe the prior success of your facility or marketing efforts in attracting
tourists.
4. Describe your target tourist audience (location, demographics, etc.)
5. Describe how you will promote your facility or conduct marketing to attract
tourists.
6. As a direct result of your proposed tourism-related service or facility, provide
an estimate of:
Predicted number of people travelling more than 50 miles one-way to
visit your facility or because of your marketing:
Predicted number of people visiting from out of state to visit your
facility or because of your marketing:
Predicted number of people staying overnight in paid
accommodations to visit your facility or because of your marketing:
What methodology did you use to calculate the estimates?
☐ Direct Count: Actual count of visitors using methods such as paid admissions or
registrations, clicker counts at entry points, vehicle counts or number of chairs filled.
A direct count may also include information collected directly from businesses, such
as hotels, restaurants or tour guides, likely to be affected by an event.
☐ Indirect Count: Estimate based on information related to the number of visitors
such as raffle tickets sold, redeemed discount certificates, brochures handed out,
police requirements for crowd control or visual estimates.
☐ Representative Survey: Information collected directly from individual
visitors/participants. A representative survey is a highly structured data collection
tool, based on a defined random sample of participants, and the r esults can be
reliably projected to the entire population attending an event and includes margin of
error and confidence level.
☐ Informal Survey: Information collected directly from individual visitors or
participants in a nonrandom manner that is not representative of all visitors or
participants. Informal survey results cannot be projected to the entire visitor
population and provide a limited indicator of attendance because not all participants
had an equal chance of being included in the survey.
☐ Structured Estimate: Estimate produced by computing known information related
to the event or location. For example, one jurisdiction estimated attendance by
dividing the square footage of the event area by the international building code
allowance for persons (3 square feet).
☐ Other:
7. Are you applying for Lodging Tax funds from another community (Yes☐ or
No☐)? If yes, list the other jurisdiction(s) and amount(s) requested.
8. Are you applying for, or have you received, grants or funds pledged from other
sources for your operations (including for-profit businesses, national sources,
etc.)? Please list grants applied for or received.
9. What is the overall budget for your operations? What percent of the budget are
you requesting from the City of Gig Harbor Lodging Tax Fund (attach annual
budget)?
10. What specific expenses will you use LTAC funds to cover (if not shown on
budget)?
11. What will you cut from your proposal or do differently if full funding for your
request is not available or recommended? How is Lodging Tax funding
essential to the success of your proposal?
CERTIFICATION
I am an authorized agent of the organization/agency applying for funding. I have read
the application instructions and understand that:
I am proposing a tourism-related service for 2025-2026 and can provide evidence
and reporting to support tourism-related attendance for the greater Gig Harbor
area. If awarded, my organization intends to enter into a professional services
contract with the city; provide liability insurance for the duration of the contract
naming the city as additional insured and, in an amount, determined by the City;
and file for a permit to use city property, if applicable.
My organization will only use lodging tax funds, if awarded, for the purposes stated
on this application and as outlined in the signed contract with the city.
The City of Gig Harbor will only reimburse those costs actually incurred by my
organization/agency and only after the service is rendered, paid for if provided by a
third party, and an invoice has been submitted to the city.
My agency will be required to submit a report docum enting economic impact
results in a format determined by the city.
Signature: ____________________________________ Date: ____________________
Application Instructions
Application Deadline: To be eligible for consideration, your complete proposal must be
received by May 31, 2024. The lodging tax advisory committee will review proposals in
a public meeting and determine funding recipients and levels of funding.
Applications may be submitted digitally to cityclerk@gigharborwa.gov or mailed to:
City Clerk
City of Gig Harbor
3510 Grandview St.
Gig Harbor, WA 98335
Please direct questions to the City Clerk at 253-853-7613 or
cityclerk@gigharborwa.gov.
Applications filed with the city are public records. The city may choose to post on its
website copies of the applications and proposed budgets.
What is the Lodging Tax Fund?
Funding for this program comes from the City of Gig Harbor lodging tax fund which
receives a percentage of hotel/motel taxes from lodging establishments inside the city
limits. The city collects a tax on charges for overnight lodging. These funds are
distributed by the Department of Revenue back to the City of Gig Harbor for the funding
of tourism related capital facilities, non- event operations, and event marketing and
operations.
What can be funded with Lodging Tax Revenue?
Lodging taxes can be used for:
Tourism Promotion/Marketing
Operation of a Tourism Promotion Agency
Operation of a Tourism-Related Facility owned or operated by a non-profit
organization
Operation and/or Capital Costs of a Tourism-Related Facility owned by a
municipality
State Law Defining the Use of Lodging Tax
Revised Code of Washington (RCW), Chapter 67.28 'Public Stadium, Convention,
Arts and Tourism Facilities' provides detailed information about the use, award and
reporting of tourism funds.
Important Terms Relating to RCW 67.28
Tourism: Economic activity resulting from tourists, which may include
sales of overnight lodging, meals, tours, gifts, or souvenirs
Tourism promotion: Activities, operations, and expenditures designed to
increase tourism, including but not limited to advertising, publicizing, or
otherwise distributing information for the purpose of attracting and
welcoming tourists; developing strategies to expand tourism; operating
tourism promotion agencies; and funding the marketing of or the operation
of special events and festivals designed to attract tourists.
Tourism-related facility: Real or tangible personal property with a
usable life of three or more years, or constructed with volunteer labor,
and used to support tourism, performing arts, or to accommodate
tourist activities
Who May Apply?
Lodging tax funding is open to non-profit organizations and municipalities with the
demonstrated ability to achieve tourism related goals as outlined below:
• Increase hotel/lodging occupancy in the City of Gig Harbor by creating
overnight stays.
• Increase the number of visitors to the city from more than 50 miles away.
All applications must include estimates of how funding the activity will result in
increases to people staying overnight, travelling 50 miles away or more, or coming
from another state or country. To ensure this data is collected, the city is required to
have applicants provide additional information in the lodging tax application.
Selection and Award Process
Funding of the program and specific awards are d ependent on recommendations of
the city's lodging tax advisory committee (LTAC). LTAC will receive all applications
and recommend a list of candidates and funding levels that will be forwarded to the
Gig Harbor City Council for final determination. Funds will be awarded on a
competitive basis.
The City of Gig Harbor Lodging Tax Advisory Committee Considerations
In developing its recommendations, the committee may consider:
The estimated amount of Lodging Tax Fund available for the coming year
as provided by the city’s finance department.
Thoroughness and completeness of the proposal.
Percent of the proposal request to the event/facility promotions budget and
overall revenues.
Percent of increase over prior year City of Gig Harbor lodging tax funded
proposals, if any.
Projected economic impact within the City of Gig Harbor, in particular
projected overnight stays in Gig Harbor lodging establishments.
The applicant’s financial stability.
The applicant’s history of tourism promotion success.
Committee member general knowledge of the community and tourism-related
activities.
Published for
June 11
Study Session
Item B4
Public Comments
From: Brian Johnson <Brian@admiraltheatre.org>
Sent: Wednesday, June 11, 2025 11:28 AM
To: City Council <City.Council@ci.bremerton.wa.us>
Cc: Tim Lavin <tjplavin@gmail.com>; Greg Wheeler <Greg.Wheeler@ci.bremerton.wa.us>; Nate Murphy
<nate@admiraltheatre.org>
Subject: RE LTAC Study
Please forward the attached letter to the council for tonight's meeting.
Thank you!
Brian Johnson
Admiral Theatre
515 Pacific Avenue
Bremerton, Washington 98337
360-373-6810
Published for
June 18
Council Meeting
Comments
Item 7A
From: Jessica Combs <director@downtownbremerton.org>
Sent: Wednesday, June 18, 2025 10:53 AM
To: City Council <City.Council@ci.bremerton.wa.us>
Subject: Statement of Support – Bremerton DMO Resolution
Dear Council Members,
I hope this message finds you well.
On behalf of the Downtown Bremerton Association, please find our formal letter of
support attached regarding the City Council’s resolution to move forward with
establishing a single Destination Management Organization (DMO) for Bremerton.
As reflected in the letter, we’re passionate about Bremerton’s future as a thriving
destination and appreciate the Council’s leadership in advancing this important
conversation.
Please don’t hesitate to reach out if you have any questions or would like to discuss
further.
Warm regards,
--
Jessica Combs (She/Her)
Executive Director
Downtown Bremerton Association
Instagram // Facebook // Linktree // Calendly
P: 360-218-2611
Jessica Combs
Executive Director
Downtown Bremerton Association
PO Box 245
Bremerton, WA 98337
director@downtownbremerton.org
360-218-2611
Date: June 16, 2025
Bremerton City Council
345 6th Street, Suite 600
Bremerton, WA 98337
RE: Statement of Support for a Single Destination Management Organization (DMO)
Model
Dear Council Members,
On behalf of the Downtown Bremerton Association (DBA), I would like to express our strong
support for the City Council’s initiative to move forward with the establishment of a single
Destination Management Organization (DMO) for Bremerton.
We are deeply passionate about Bremerton’s future as a vibrant destination and believe a
unified, strategic approach to tourism and marketing is essential to realizing its full potential.
The recommendation from the Westbrook Main study to identify a single DMO is both timely
and visionary, and we commend the Council for taking this important step.
As advocates for place-based economic development and community storytelling, we see
this model as a powerful tool for elevating Bremerton’s visibility and long-term vitality.
Thank you for your continued leadership and thoughtful consideration of this effort.
Sincerely,
Jessica Combs
Executive Director
Downtown Bremerton Association
Published for
June 18
Council Meeting
Mayor’s Report
Item 3
MAYOR’S REPORT
June 18, 2025
Utility Land Management Plan
Update -Public Comment
The City Water Utility owns and manages 8,000
acres of forested Utility land, of which approximately
3,000 acres are the Union River Watershed.
The City has completed an update to the Utility Land
Management Plan (ULMP) which was last updated in
1996, and we are now seeking feedback on the Draft
Plan. Both the Draft Plan, and an online survey to
collect comments on the plan are available on the
City’s website: https://www.bremertonwa.gov/1340/
Please submit comments by July 2nd to help
shape one of the most unique parts of the Water
Utility.
For questions, please contact:
Sean Walsh, Forestry Manager
Sean. Walsh@ci.bremerton.wa.us
360-473-5928
Wastewater Facility Aesthetic Improvements
The Wastewater Division initiated a low-cost program to improve aesthetics of
facilities primarily though the use of more modern colors, lighting and similar
features. Improvements will occur with normal scheduled maintenance and
prioritized in residential areas.
Before and after
photos of Pump
Station CW1 on
19th Street
adjacent to Lillian
and James
Walker Park
“Thank you so much for
painting the building at the
Lillian and James Walker
Park at Anderson Cove!
The park looks beautiful
and there are kids and
families playing and
relaxing in the park every
day.”
–Residents of West Bremerton
Published for
June 18
Council Meeting
Council Reports
Item 8
COUNCIL DISTRICT 4
Jane Rebelowski
COUNCIL DISTRICT 1
Jennifer Chamberlin