HomeMy WebLinkAbout07/02/2025 CITY COUNCIL AGENDA PACKET
______________________________________________________________________________
CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 Phone (360) 473-5280
WEDNESDAY, JULY 2, 2025
CITY COUNCIL MEETING AGENDA
Council Members and staff will be participating in the meeting in-person, and the public is invited to attend.
Or beginning at 5:30 PM, the public may participate remotely through one of the following options:
To stream online only (via BKAT Feed, with no interaction possible):
https://bremerton.vod.castus.tv/vod/?live=ch1&nav=live
Members of the public are invited to join the Zoom Meeting by clicking on the link below:
https://bremertonwa-gov.zoom.us/j/89694813320?pwd=Z0JvSXNhSFp1c0xhL1NxUjRhN20xUT09
Or One tap mobile:
US: +12532050468,,89694813320#,,,,*173061# or +12532158782,,89694813320#,,,,*173061#
Or Telephone: Dial (for higher quality, dial a number based on your current location):
US: +1 253 205 0468 or +1 253 215 8782 or +1 669 444 9171 or +1 669 900 6833
Webinar ID: 896 9481 3320; Passcode: 173061
Public questions or comments may be submitted ahead of time to City.Council@bremertonwa.gov
1. BRIEFING: 5:00 – 5:30 P.M. in COUNCIL CONFERENCE ROOM 603
A. Review of Agenda
B. General Council Business (Only as necessary)
2. CALL TO ORDER: 5:30 P.M. in FIRST FLOOR CHAMBERS
3. MAYOR'S REPORT
4. CONSENT AGENDA
A. Claims and Check Register
B. Minutes of Council Meeting – June 18, 2025
C. Minutes of Study Session – June 25, 2025
D. Professional Services Agreement with Industrial Systems, Inc. for Water Utility SCADA Master
Plan
E. Interlocal Agreement with Central Kitsap Fire & Rescue for Fueling
F. Eliminate one (1) Corporal Position and Establish one (1) Sergeant Position to
the Bremerton Police Department; and Authorize the associated Budget Adjustment
G. Ordinance No. 5516 to authorize Extension of Franchise Agreement with Cascade Natural Gas
Corporation
H. Interlocal Agreement with WA School Information Processing Cooperative
I. Public Works Agreement with Flowline, LLC for the Sheridan Road Sewer Replacement Project
J. Grant Agreement with WSDOT for Safe Routes to Schools Improvements
View Ridge Elementary Phase II
K. Professional Services Agreement with New Line Services, Inc. (dba Agate Asphalt) for the
Bremerton Safe Routes To Schools Project
Continued on next page
Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special
accommodations please contact the City Clerk at (360) 473-5323 at least 24 hours prior to the meeting.
5. PUBLIC RECOGNITION – To address the Council on any issues not already on the agenda.
Please state your name for the record in person and limit your comments to under 3-minutes.
6. GENERAL BUSINESS – There are no General Business items.
7. COUNCIL MEMBER REPORTS
8. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: N/A
Claims & Check Register COUNCIL MEETING Date: July 2, 2025
Department: Legal Services
Presenter: Angela Hoover
Phone: (360) 473-5323
SUMMARY: Approval of the following checks and electronic fund transfers:
1. Check Numbers 411395 – 411520 and EFT Numbers V43839 - V43939 in the grand total
amount of $4,336,151.33
2. Regular Payroll for pay period ending June 15, 2025 in the amount of $1,121,919.45
3. Retiree Payroll for the pay period ending June 30, 2025 in the amount of $38,259.15
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 18, 2025
Study Session Date: N/A
COUNCIL MEETING Date: July 2, 2025
Department: City Council
Presenter: Council President
Phone: (360) 473-5280
SUMMARY: The Minutes for the Council Meeting held on June 18, 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 18, 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 18, 2025
The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday,
June 18, 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 (arrived 6:04 PM), 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 Assistant Christine Grenier; and IT Manager Dave Sorensen.
President Younger announced the City Council is conducting the Council Meeting in-person, and
because community involvement is encouraged, the public is invited to also join the meeting in
person or participate via a remote option through Zoom or view on BKAT.
MAYOR’S REPORT – Mayor Wheeler provided highlights of the following:
Public Comment now accepted through July 2 on the Draft Utility Land Management Plan
Wastewater Improvements at Pump Station CW -1 near Lillian A. Walker Park
Ribbon Cutting and Grand Opening Festival for Quincy Square from July 12 to 13
Lulu Haddon Park will be opening tomorrow, June 19
New ADU program, pre-developed plans available for free
Juneteenth celebration and peaceful No Kings march
Sustaining fast ferry service levels after FIFA World Cup
CONSENT AGENDA
4A – Check Numbers 411228 through 411394 and Electronic Fund Transfers V43736 through
V43838 in the grand total amount of $5,142,776.30; Regular Payroll for pay period ending
May 31, 2025 in the amount of $1,149,196.77; Regular Payroll payout for pay period ending
May 31, 2025 in the amount of $4,587.47; Regular Payroll for Teamsters Retro Pay for the
pay periods January 1, 2025 through April 30, 2025 in the amount of $176,493.90
4B – Minutes of Meeting – June 4, 2025
4C – Minutes of Study Session – June 11, 2025
4D – Ordinance No. 5515 to amend Bremerton Municipal Code Chapter 10.36.010 entitled
“Compression Brakes Prohibited”
4E – Professional Services Agreement with Northwest Hydraulic Consultants, Inc. for the Parish
Creek Fish Passage Barrier Removal Project
Questions and comments from the public were submitted by Jose Camacho (Item 4B), Robin
Weldin (Item 4B).
5:45 PM M/S/C (Mockler/Rebelowski) Move to approve the CONSENT AGENDA as presented.
Voted In Favor of Motion: Frey, Rebelowski, Goodnow, Mockler, Younger
Voted Opposed to Motion: Chamberlin
Motion carried: 5-Yes; 1-No
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
City Council Reg. Mtg. Minutes
Wednesday, June 18, 2025
Page 2 of 4
arrangements were made through the City Clerk by calling (360) 473-5323 at least 24-hours prior
to the meeting. We only ask that you state your name for the record and please limit your
comments to 3 minutes or less. A timer system will be used so that everyone is treated fairly.
PUBLIC RECOGNITION – Questions or comments from the public were submitted by Jo Walter,
Joslyn LaMadrid, Adrian Wright, Matthew Coffey, Jose Camacho, Robin Weldin, Naomi
Levine, Gayla Breach, Caroline Stein
PUBLIC HEARING
6A – RESOLUTION NO. 3399 TO ADOPT THE 2026 – 2031 SIX YEAR TRANSPORTATION
IMPROVEMENT PROGRAM: Managing Engineer Gunnar Fridriksson explained that 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.
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 Dianne Iverson, Naomi Levine, Jose
Camacho
With no further questions or comments received, President Younger closed the hearing to the
public.
6:29 PM Motion was made by Frey; and Seconded by Coughlin. Questions or comments were
provided by Frey, Coughlin, Chamberlin, Rebelowski, Mockler, Goodnow; with responses provided
by Mr. Fridriksson.
6:48 PM M/S/C/U (Frey/Coughlin) 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. Motion carried unanimously
GENERAL BUSINESS
7A – RESOLUTION NO. 3400 TO PROVIDE GUIDANCE TO THE LODGING TAX ADVISORY
COMMITTEE FOR 2027 FUNDING PRIORITIES: Council President Eric Younger summarized
that 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 the 2027 funding cycle.
City Council Reg. Mtg. Minutes
Wednesday, June 18, 2025
Page 3 of 4
Questions or comments from the public were provided by; with responses provided by Irene
Moyer, Aljolynn Sperber, Caroline Stein, Jose Camacho
7:09 PM Motion was made by Frey; and Seconded by Chamberlin. Questions or comments were
provided by Frey, Chamberlin, Rebelowski, Goodnow, Mockler, Coughlin, Younger, Chamberlin,
Coughlin, Frey, Coughlin; with responses provided by President Younger.
7:44 PM M/S/C (Frey/Chamberlin) Move to pass Resolution No. 3400, providing guidance to the
Lodging Tax Advisory Committee regarding 2027 Funding Priorities.
Voted in Favor of Motion: Rebelowski, Goodnow, Mockler, Chamberlin, Frey, Younger
Voted Opposed to Motion: Coughlin
Motion carried: 6-Yes; 1-No
COUNCIL MEMBER REPORTS
Anna Mockler announced the next District 6 Town Hall Meeting on Monday, July 14 beginning at
5:00 PM at the Bremerton Public Works Facility located at 100 Oyster Bay Avenue North which will
focus on “Affordable Housing” (shelter, subsidized housing, affordable housing); announced there
will be no meeting in August; invited Parks Director Tim Barker to respond to a few questions about
Lulu Haddon Park; was happy to hear that Juneteenth is happening tomorrow; commented on
action minutes, which are routinely used.
Michael Goodnow shared that he liked action minutes; corrected misinformation on his role in
Quincy Square; and announced a concert on June 28 at 6:30 PM at the Roxy Theatre, with family
members of the late Quincy Jones in attendance.
Jane Rebelowski provided a reminder for the next District 4 meeting on Tuesday, June 24th from
5:00 to 6:30 PM at Bremerton Foodline at 1600 12th Street, which will include discussion on the
Mult Family Tax Exemption Program, the Transportation Benefit District car tab fee, and an update
on what Council has accomplished in the past few months and what is anticipated for future
agendas; was saddened by the political violence which claimed the lives of Minnesota lawmaker
Representative Melissa Hortman (along with her husband and family’s dog) and hoped that
Senator John Hoffman (and his wife) recover from their injuries; and Juneteenth Block Party on
Thursday, June 19 from 1:00 to 5:00 PM at the Village Event Center on Perry Avenue.
Jeff Coughlin echoed Ms. Rebelowski’s sentiments; and in reference to Juneteenth, to appreciate
how far we’ve come and how far we have to go.
Denise Frey commended the Kitsap County Commissioners on their budget; and looked forward
to celebrating Juneteenth tomorrow at the Village.
Jennifer Chamberlin announced the next Warren Avenue Bridge Clean-Up with volunteers
meeting on Saturday, June 21 at 9:00 AM; presented before and after pictures of volunteers with
the Stephenson Canyon Stewardship group trail cleanup that started at 2800 Birch Street
Trailhead; and announced the next event on Sunday, June 22 from 3:30 to 5:00 PM starting from
the Morris Street Trailhead; spoke to her vote on Consent Agenda; addressed earlier comments on
homelessness and substance abuse disorder; recalled that Council approved a Resolution last
year and that she looked forward to regalia displayed in support of Pride being displayed from June
28 through the 3rd Week of July.
Eric Younger clarified that any Council Member may make a motion to move an item from the
Consent Agenda to General Business before the vote is taken on the Consent Agenda.
City Council Reg. Mtg. Minutes
Wednesday, June 18, 2025
Page 4 of 4
At 8:11 PM, President Younger announced the Council would meet for 15-Minutes to discuss
“Potential Litigation” as allowed under RCW 42.30.110 (i); and that action was anticipated.
At:8:27 PM, the Executive Session was extended by 10-minutes.
At 8:37 PM, President Younger called the meeting back to order; and asked Assistant City
Attorney Brett Jette to explain the action before the Council.
There were no questions or comments from the public.
8:38 PM Motion was made by Coughlin and Seconded by Goodnow.
8:39 PM M/S/C (Coughlin/Goodnow) Move to authorize the City Attorney’s Office to pursue any
necessary legal action to abate nuisances and code violations, collect fines imposed for nuisances
and code violations, and collect any fees and costs associated with the abatement of nuisances
and code violations at 917 Wilbert Avenue, 417 Chester Avenue, 2815 Cascade View, 5600 Kitsap
Way, and 135 Olympic Avenue in Bremerton, WA.
Voted in Favor of Motion: Rebelowski, Goodnow, Mockler, Frey, Coughlin, Younger
Voted Opposed to Motion:
Abstained: Chamberlin
Motion carried: 6-Yes; 0-No; 1-Absention
President Younger announced the next Study Session on Wednesday, June 25th 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 8:39 PM.
Prepared & Submitted by:
______________________________
CHRISTINE GRENIER
Legislative Assistant
APPROVED by the City Council on the 2nd day of July, 2025.
________________________________________
ERIC YOUNGER, City Council President
Attest:
________________________________________
ANGELA HOOVER, City Clerk
EY:AH:CG
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT:
Minutes of Study Session – June 25, 2025
Study Session Date: N/A
COUNCIL MEETING Date: July 2, 2025
Department: City Council
Presenter: Council President
Phone: (360) 473-5280
SUMMARY: The Minutes for the Study Session held on June 25, 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 25, 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 25, 2025
A Study Session of the City Council of the City of Bremerton was called to order on Wednesday,
June 25, 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, Jane Rebelowski, and Anna Mockler. Council
Members Jeff Coughlin and Michael Goodnow were absent. Legislative Office Manager Anne
Williams 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 July 2, 2025 Council Meeting Agenda or as otherwise determined; and
announced that tonight’s agenda was amended to 1) update the order of items and 2) to add a
15-Minute Executive Session under Item C1, and action was anticipated.
It was further established that questions or comments by the public may be submitted on any item
at any time by email to City.Council@bremertonwa.gov. And reminded everyone that audio
recordings will be available online within a few days following the meeting.
A. AGENDA BILL BRIEFINGS
1. Professional Services Agreement with Industrial Systems, Inc. for Water Utility SCADA
Master Plan Consent Agenda
2. Interlocal Agreement with Central Kitsap Fire & Rescue for Fueling Consent Agenda
3. Eliminate one (1) Corporal position and Add one (1) Sergeant position to the Bremerton
Police Department; and Authorize the associated Budget Adjustment Consent Agenda
4. Ordinance to authorize Extension of Franchise Agreement with Cascade Natural Gas
Corporation Consent Agenda
5. Interlocal Agreement with WA School Information Processing Cooperative Consent
Agenda
6. Public Works Agreement with Flowline, LLC for the Sheridan Road Sewer Replacement
Project Consent Agenda
7. Grant Agreement with WSDOT for Safe Routes to Schools Improvements View Ridge
Elementary Phase II Consent Agenda
8. Public Works Agreement with New Line Services, Inc. (dba Agate Asphalt) for the
Bremerton Safe Routes to Schools Project Consent Agenda
President Younger called a break from 5:53 to 6:01 PM.
B. GENERAL COUNCIL BUSINESS
1. Update on Council Goals # 9 through 12 Parks and Environmental Stewardship – Council
Members Anna Mockler, Jennifer Chamberlin, and Jane Rebelowski
2. Update on Council Goal # 3 (ii) Historic Preservation Policy – Council Members Jeff Coughlin,
Denise Frey, and Jane Rebelowski
3. Update on Council Goal #1 Community Outreach Policy – Council Members Jennifer
Chamberlin and Anna Mockler
City Council Study Session Minutes
Wednesday, June 25, 2025
Page 2 of 3
Follow-Up: Dr. Jeneise Briggs, Diversity and Community Engagement Manager to be invited
to provide an update on her engagement work later this year; and President Younger will
contact the Superintendent of Bremerton School District.
4. Public Safety Committee Briefing (Last Meeting 6/5/25) – Vice Chair Anna Mockler
Reported there was discussion on fireworks outreach.
5. Public Works Committee Briefing (Last Meeting 6/17/25) – Chair Jane Rebelowski
6. Audit Committee Briefing (Last Meeting 6/23/25) – Chair Anna Mockler
Follow-Up: Input to be gathered from staff on time commitment and meeting frequency.
7. Parks, Finance, Investment, & Parking Committee Briefing (Last Meeting 6/24/25) – Council
Jane Rebelowski
Reported that paperwork for purchase and sale agreement for the shelter location is being
finalized this week.
8. Regional and Other Committee/Board Briefings
9. Other General Council Business was also discussed, including the next District Six Town Hall
to host an affordable housing discussion on July 14.
At 6:45 PM, President Younger announced the Council would meet for 15-Minutes to discuss
“Potential Litigation” as allowed under RCW 42.30.110 (i); and that action was anticipated.
At 7:00 PM, President Younger called the meeting back to order; and asked City Attorney Kylie
Finnell to explain the action before the Council.
There were no questions or comments from the public.
7:02 PM Motion was made by Chamberlin and seconded by Rebelowski.
7:02 PM M/S/C/U (Chamberlin/Rebelowski) Move to authorize the City Attorney’s Office to pursue
legal action necessary to challenge unlawful Federal grant conditions that threaten funds needed to
support critical programs and services. Motion carried unanimously
President Younger announced the next Council Meeting will be on Wednesday, July 2nd beginning at
5:30 PM in the First Floor Meeting Chambers of the Norm Dicks Government Center. He further
established that the public is invited to attend in person or remotely, but anyone wishing to speak
during Public Recognition via Zoom must submit their request through the City Clerk by calling
(360) 473-5323 at least 24-hours prior to the meeting.
With no further business, the Study Session was adjourned at 7:03 PM.
Prepared & Submitted by:
_____________________________
ANNE WILLIAMS
Legislative Office Manager
City Council Study Session Minutes
Wednesday, June 25, 2025
Page 3 of 3
APPROVED by the City Council on the 2nd day of July, 2025.
ERIC YOUNGER, Council President
ATTEST:
______________________________
ANGELA HOOVER, City Clerk
EY:AH:AW
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: June 25, 2025
Professional Services Agreement with
Industrial Systems, Inc. for Water Utility
SCADA Master Plan
COUNCIL MEETING Date: July 2, 2025
Department: Public Works & Utilities
Presenter: T. Barger/C. Apfelbeck
Phone: (360) 204-6078
SUMMARY: The Water Utility relies on its Supervisory Control and Data Acquisition System
(SCADA) for continuous oversight and operation of drinking water supply, treatment, and distribution.
SCADA provides real-time remote monitoring of system processes and water quality – alerting
operators to out-of-spec conditions, automates communication among facilities, controls sensitive
instrumentation and equipment, records data and trends, and enables reporting for optimization and
regulatory compliance.
System components run on a backbone of computer networking and need continual updating as
technology advances, components become obsolete, new security threats arise, and industry
standards or requirements change. A master plan is the vehicle that provides the structure and
planning for system renewal and improvement, describes the policies and procedures that govern
system use, and establishes a process for system re-assessment and master plan updates.
This project will develop the Water Utility’s first formal SCADA master plan and includes a
cybersecurity assessment to inform the broader Water Utility 2025 Risk and Resilience Assessment
Update.
ATTACHMENTS: 1) Project Summary and 2) Professional Services Agreement that sets terms and
conditions, scope of work, and deliverables
FISCAL IMPACTS (Include Budgeted Amount): $150,000 from the Water Utility Capital budget.
Project part of approved CIP; no budget additions or changes required.
STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve the Professional Services Agreement between the City of Bremerton and Industrial
Systems, Inc.; and authorize the Mayor to finalize and execute the agreement with substantially the
same terms and conditions as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 04/19/2024
4D
SCADA Master Plan
Tim Barger, Senior Water Operator, Project Manager
Basis for project: The Water Utility relies on its Supervisory Control and Data Acquisition System
(SCADA) for continuous oversight and operation of drinking water supply, treatment, and distribution.
SCADA provides real-time remote monitoring of system processes and water quality – alerting operators
to out-of-spec conditions, automates communication among facilities, controls sensitive instrumentation
and equipment, records data and trends, and enables reporting for optimization and regulatory
compliance.
System components run on a backbone of computer networking (figure below) and need continual
updating as technology advances, components become obsolete, new security threats arise, and
industry standards or requirements change. A master plan is the vehicle that provides the structure and
planning for system renewal and improvement, describes the policies and procedures that govern
system use, and establishes a process for system re-assessment and master plan updates.
This project will develop the Water Utility’s first formal SCADA master plan and includes a cybersecurity
assessment to inform the broader Water Utility 2025 Risk and Resilience Assessment Update.
Basic SCADA System Layout
Project Description:
TASK 1. Define Current State
Define and evaluate the existing SCADA system to determine deficiencies or opportunities for
improvement. This includes a full audit and condition assessment of SCADA hardware and software,
communications pathways, cybersecurity measures, integration standards, and system scaling. This will
include a thorough cybersecurity risk assessment utilizing an industry standard method.
TASK 2. Define Desired State
Thoroughly review published standards, industry trends, and best practices; gather utility staff input; and
develop recommended upgrades/improvements to inform decision-making to define the desired state.
This will include a provisional SCADA staffing needs assessment based upon system size and
complexity.
TASK 3. Conduct Gap Analysis
Analyze the gap between the current state and the desired state. Identify what actions must be taken to
achieve the desired state.
TASK 4. Develop Prioritized Project List and Implementation Roadmap
Develop a comprehensive list of both internal (operations and maintenance) and external (capital)
projects. Work with utility staff to prioritize projects and develop an implementation roadmap with
emphasis on maximum reliability, security, cost effectiveness, and scalability.
TASK 5. Review and Recommend Policies and Procedures
Review existing SCADA utilization policies and procedures to identify necessary improvements.
Project location: 50+ Water Utility facilities monitored and controlled by SCADA
Bid Solicitation: A Request for Qualifications solicitation was offered to eight consultants carefully
selected from the Municipal Research Services Center consultant roster. IAW BMC 2.76.060, the City
selected Industrial Systems, Inc. based upon demonstrated experience and knowledge within this
specialized area of expertise and upon performance providing similar services to other agencies.
Amount: $150,000 (including tax)
Fund: Water Utility Capital Budget (534.50324)
Project deadline: Project to be completed by March 2026.
Page 1 of 16
Bremerton/Industrial Systems Inc.
Water Utility SCADA Master Plan
Rev. 04/2023
PROFESSIONAL SERVICES AGREEMENT
Water Utility SCADA Master Plan
The City of Bremerton (“City”) and Industrial Systems, Inc. (“Consultant”), referred to
collectively as the “Parties,” enter into the following Agreement for professional services:
I. Scope: The Consultant agrees to perform the services more specifically described in the
Scope of Work, dated May 20, 2025, including any attachments thereto, attached hereto as Exhibit
A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant
to Section VII.H of this Agreement. If the Scope of Work provides for unspecified additional
services such services shall only be performed upon the express written request of the City.
Consultant further represents that the services furnished under this Agreement will be performed
in accordance with generally accepted professional practices in effect at the time such services are
performed.
II. Term: The City and the Consultant agree that work will begin on the tasks described in
Exhibit A immediately upon execution of this Agreement. The parties agree that the work
described in Exhibit A is to be completed as provided for in the work schedule attached hereto as
Exhibit B; provided however, that additional time shall be granted by the City for excusable delays
or extra work as provided for in Section X.A of this agreement.
III. Compensation: In consideration of the services provided pursuant to this Agreement, the
City shall pay Consultant in an amount not to exceed $150,000.00. Consultant’s charges and bills
shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this
reference.
The Consultant shall submit regular billing statements detailing work performed and
amount charged on each task or portion thereof. The descriptions shall conform to and fall within
the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming
billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City
reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time
frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as
delineated in Exhibit C.
Consultant shall not perform work beyond the Scope of Work, nor shall be compensated
for such work, unless the Scope of Work or amount of compensation is modified pursuant to this
Agreement. Consultant shall only be compensated for additional services if requested pursuant to
Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit
C.
If a billing statement does not conform to this Agreement, the City may withhold payment
until the statement is brought into compliance. Such withholding does not relieve Consultant of
its obligations under this Agreement.
Page 2 of 16
Bremerton/Industrial Systems Inc.
Water Utility SCADA Master Plan
Rev. 04/2023
IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed
in the Scope of Work and is performing independent functions and responsibilities within its field
of expertise. Consultant and its personnel are independent Consultants and not employees of the
City. Consultant and its personnel have no authority to bind the City or to control the City’s
employees and other Consultants. None of the benefits provided by the City to its employees,
including, but not limited to, compensation, insurance, and unemployment insurance are available
from the City to the employees, agents, representatives, or sub-consultants of the Consultant.
Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents,
employees, representatives and sub-consultants during the performance of this Agreement. The
City may, during the term of this Agreement, engage other independent Consultants to perform
the same or similar work.
As an independent Consultant, Consultant is responsible for its own management. The
City’s administration and enforcement of this Agreement shall not be deemed an exercise of
managerial control over Consultant or its personnel.
As an independent Consultant, Consultant is responsible for payment of all taxes and
licensing fees necessary to perform its obligations under this Agreement. These taxes and fees
include but are not limited to State industrial insurance, Business & Occupation, State professional
licensing, and City business licensing. If any taxes or fees due the City have been declared
delinquent, the City may withhold the delinquent amount, plus any additional charges arising from
the delinquency, from any payments due Consultant.
V. Indemnification:
A. Consultant shall defend, indemnify and hold the City, its officers, officials,
employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the
performance of this Agreement except for that portion of the injuries and damages caused by the
City’s sole negligence, unless Consultant is conducting work pursuant to Subsection B below.
The City's review or acceptance of any of the work when completed shall not be grounds
to avoid any of these covenants of indemnification.
B. Architects, Engineers and Any Other Professional Listed In and Performing
Services Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that
Consultant’s services provided pursuant to this Agreement is subject to RCW 4.24.115, then, in
the event of liability for damages arising out of bodily injury to persons or damages to property
caused by or resulting from the concurrent negligence of the Consultant and the City, its officers,
officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to
the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER
OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE
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PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE
THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Consultant, its agents,
representatives, employees, sub-consultants or sub-Consultants.
Before beginning work on the project described in this Agreement, the Consultant shall
provide a Certificate of Insurance evidencing:
1. Automobile Liability insurance with limits no less than $1,000,000 combined
single limit per accident for bodily injury and property damage; and
2. Commercial General Liability insurance written on an occurrence basis with
limits no less than $1,000,000 combined single limit per occurrence and general
aggregate for personal injury, bodily injury and property damage. Coverage shall
include but not be limited to: blanket contractual; products/completed
operations/broad form property damage; explosion, collapse and underground
(XCU) if applicable; and
3. Excess Liability insurance with limits not less than $1,000,000 limit per
occurrence and aggregate; and
4. Professional Liability insurance with limits no less than $1,000,000 limit per
occurrence/claim; and
5. Workers Compensation insurance as statutorily required by the Industrial
Insurance Act of the State of Washington, Title 51, Revised Code of Washington
and employer's liability with limits not less than $1,000,000.
Any payment of deductible or self-insured retention shall be the sole responsibility of the
Consultant.
All required policies shall be provided on an “occurrence” basis except professional
liability insurance (if required), which may be provided on a “claims-made” basis.
The City shall be named as an additional insured on the Commercial General Liability
insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an
endorsement that is acceptable to the City, which names the City as an additional insured shall be
attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of
all the required insurance policies and endorsements. The City further reserves the right to reject
any unacceptable policies and/or endorsements.
The Consultant's Commercial General Liability insurance shall contain a clause stating that
coverage shall apply separately to each insured against whom claim is made or suit is brought,
except with respects to the limits of the insurer's liability.
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The Consultant's insurance shall be primary and non-contributory insurance as respects the
City and shall contain a waiver of subrogation against the City for claims arising out of any
operations, liabilities and obligations to which coverage applies. It shall be an affirmative
obligation upon Consultant to advise the City’s Risk Manager by fax at (360) 473-5161, or by
certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6th
Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or
substantive change of any insurance policy set out herein, and failure to do so shall be construed
to be a breach of this Agreement.
The City also reserves its unqualified right to require at any time and for any reason, proof
of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence
of coverage.
In the event that the Consultant employs other consultants or Consultants (sub-consultants
or sub-Consultants) as part of the work covered by this Agreement, it shall be the Consultant’s
responsibility to require and confirm that each sub-consultant or sub-Consultant meets the
minimum insurance requirements specified above. The Consultant shall, upon demand of the City,
deliver to the City copies of such policy or policies of insurance and the receipts for payment of
premiums thereon.
VII. General Conditions:
A. Reports and Information: When requested by the City, Consultant shall furnish
periodic reports and documents on matters covered by this Agreement. The reports and documents
shall be furnished in the time and form requested. Consultant shall maintain accounting records
in accordance with Generally Accepted Accounting Principles (“GAAP”) to substantiate all billed
amounts.
B. Ownership and Use of Records and Documents: Original documents, drawings,
designs and reports, including those in electronic format, developed under this Agreement are the
property of the City. All written information submitted by the City to the Consultant in connection
with the services performed by the Consultant under this Agreement will be kept strictly
confidential. All documents including electronic documents will be kept in secure locations and
inaccessible to persons not working for Consultant in connection with the services performed by
the Consultant under this Agreement. All records will be safeguarded by the Consultant to at least
the same extent as the Consultant safeguards like information relating to its own business. If such
information is publicly available or is already in Consultant's possession or known to it, or is
rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for
its disclosure, inadvertent or otherwise.
All data, documents and files created by Consultant under this Agreement may be stored
at Consultant's office in Vancouver, Washington. Consultant shall make such data, documents,
and files available to the City upon its request at all reasonable times for the purpose of editing,
modifying and updating as necessary until such time as the City is capable of storing such
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information in the City's offices. Duplicate copies of this information shall be provided to the City
upon its request, and at reasonable cost.
All documents, including all reports, drawings, specifications, computer software or other items
prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with
respect to the project and are the property of the City. Upon notice from the City that all
deliverables are final and accepted, the Consultant will immediately destroy by shedding any
physical copy of project documents and permanently destroy any electronic copy of project
documents, with the exception of contractual and financial records. Any reuse of documents by
the City for other than the specific purpose intended will be at City’s sole risk.
C. Non-Disclosure Agreement. Consultant shall abide by and sign the Non-Disclosure
Agreement incorporated herein and attached hereto as Exhibit D.
D. Use of Photographs and Images. Consultant shall not use or distribute photographs or
images depicting City officials, personnel, property, or equipment whether prepared by Consultant
or provided by City without prior written consent of the City. The City will not unreasonably
withhold its consent.
E. Work Performed at Consultant's Risk: Consultant shall take all precautions
necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in
the performance of the work hereunder and shall utilize all protection necessary for that purpose.
All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss
of or damage to materials, tools, or other articles used or held for use in connection with the work.
F. Place of Work: The Consultant shall perform the work authorized under this
Agreement at its offices in Vancouver, Washington. Meetings with the City staff as described in
Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed
upon by the parties.
G. Entire Agreement: This Agreement and its Exhibits constitutes the entire
agreement between the Parties, and the Parties acknowledge that there are no other agreements,
written or oral, that have not been set forth in the text of this Agreement.
H. Severability: Should any part of this Agreement be found void, the balance of the
Agreement shall remain in full force and effect.
I. Modification: This Agreement may only be modified by written instrument signed
by both Parties.
J. Written Notices: All communications regarding this Agreement shall be sent to the
parties at the addresses listed below by registered or 1st class mail, or by personal service, and
shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement
or such other address as may be hereafter specified in writing.
Notices to be sent to: Notices to be sent to:
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CITY: CONSULTANT:
Attn: Tim Barger Attn: Mike Wallis, P.E.
City of Bremerton Industrial Systems, Inc
100 Oyster Bay Ave 12119 NE 99th St., Suite 2090
Bremerton, WA 98312 Vancouver, WA 98682
K. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a
waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be
deemed waiver of any other right or power.
L. Non-Waiver of Breach: The failure of the City to insist upon strict performance of
any of the covenants and agreements contained herein, or to exercise any option herein conferred
in one or more instances shall not be construed to be a waiver or relinquishment of said covenants,
agreements or options, and the same shall be and remain in full force and effect.
M. Compliance with Laws: Consultant shall comply with all applicable Federal, State,
and local laws in performing its obligations under this Agreement.
N. Choice of Law and Venue: This Agreement shall be interpreted according to the
laws of the State of Washington. Any judicial action to resolve disputes arising out of this
Agreement shall be brought in Kitsap County Superior Court.
O. Attorneys’ Fees: In the event of litigation to enforce any of the terms or provisions
herein, each party shall pay all its own costs and attorney’s fees.
P. Assignment: Any assignment of this agreement by the Consultant without the
written consent of the City shall be void.
VIII. Equal Employment Opportunity Statement: In the hiring of employees for the
performance of work under this Agreement, the Consultant, its subConsultants, or any person
acting on behalf of Consultant shall not discriminate in any employment practice on the basis of
age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status,
military status, or the presence of any physical, mental or sensory disability.
IX. ADA Statement: The City of Bremerton does not discriminate on the basis of disability
in programs and activities, which it operates pursuant to the requirements of the Americans with
Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment
and admission to participation in the programs, services and activities of the City of
Bremerton. Reasonable accommodation for employees or applicants for employment will be
provided.
X. Termination: This Agreement shall remain in force until completion and acceptance of
the services, terminated by written instrument upon mutual consent, or by the City of Bremerton
for convenience. This Agreement may be immediately terminated for cause by a Party if the other
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Party substantially fails to perform through no fault of the terminating Party, and the non-
performing Party does not commence correction of the failure of performance within thirty (30)
days of the terminating Party’s sending notice to the non-performing Party. Any Notice by
Consultant shall include a report showing the status of all items listed in the Scope of Work current
through the termination date.
If the City receives reimbursement by any federal, state, or other source for work described
in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is
cancelled or substantially reduced after the execution date of this Agreement and prior to the
completion of the work, the City may summarily terminate this Agreement.
A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor
shall Consultant be charged with liquidated damages for any delays in the completion of the work
due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials,
equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any
acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not
reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond
the control and without the fault or negligence of the Consultant, including, but not restricted to,
acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that
the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause
of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly
excusable, the City shall, in writing, extend the time for completing the work for a period of time
commensurate with the period of excusable delay.
B. Rights Upon Termination: In the event of termination, the City shall pay for all
services performed by the Consultant to the effective date of termination, as described on a final
invoice submitted to the City. After termination, the City may take possession of all records and
data within the Consultant's possession pertaining to this project which may be used by the City
without restriction. Any such use not related to the project which Consultant was contracted to
perform shall be without liability or legal exposure to the Consultant.
XI. Suspension & Debarment. For contracts involving Washington State and Federal
funding, Consultant hereby certifies, by signing this agreement, that neither it nor its principals
are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any State or Federal department or
agency. Consultant shall provide immediate written notice to the City if at any time it learns that
it is or has become ineligible for certification. Should Consultant enter into a covered transaction
with another firm, Consultant agrees by signing this agreement that it will verify that the firm
with whom it intends to do business is not debarred, suspended, ineligible, excluded or
disqualified.
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IN WITNESS WHEREOF, the parties below have executed this Agreement.
CITY: CONSULTANT:
CITY OF BREMERTON INDUSTRIAL SYSTEMS, INC.
By: By:
Print Name: Greg Wheeler Print Name: Troy B. Collison
Its: Mayor Its: President
Date: Date:
APPROVED AS TO FORM: ATTEST:
By: By:
Kylie J. Finnell, Bremerton City Attorney Angela Hoover, City Clerk
R:\Legal\Legal\Forms\FORMS ON COBWEB\Professional Services Agreement Rev. 04 2023.docx
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EXHIBIT A
SCOPE OF WORK
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EXHIBIT B
WORK SCHEDULE
TASK COMPLETION DATE
TASK 2 - EVALUATE CURRENT STATE SEPTEMBER 1, 2025
TASK 3 - CYBERSECURITY RISK
ASSESSMENT
SEPTEMBER 1, 2025
DRAFT REPORT AUGUST 8, 2025
FINAL REPORT SEPTEMBER 1, 2025
TASK 4 - DEFINE DESIRED STATE SEPTEMBER 29, 2025
TASK 5 - GAP ANALYSIS OCTOBER 20, 2025
TASK 6 - PROJECT LIST AND
IMPLEMENTATION ROADMAP
DECEMBER 15, 2025
TASK 7 - POLICIES AND PROCEDURES DECEMBER 15, 2025
TASK 8 - FINAL SCADA MASTER PLAN FEBRUARY 9, 2026
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EXHIBIT C
FEE SCHEDULE
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EXHIBIT D
NON-DISCLOSURE AGREEMENT
In order for the City of Bremerton Water Utility (“City”) to develop a SCADA Master Plan, the
City is entering into this Professional Services Agreement with a qualified consulting firm
(“Consultant”).
While developing a SCADA Master Plan, the Consultant will obtain, utilize, and, in some part,
reproduce via the master plan, sensitive security/cybersecurity documentation and information
describing the City’s SCADA Virtual Private Network and system configuration/components.
The Consultant selected to perform this work agrees to the following:
1. The Consultant will store all project documents and information in a secure location.
All physical and electronic documents and information will only be accessible to
persons working for Consultant in connection with services performed under the
Professional Services Agreement.
2. The Consultant will not, and will not allow any other person or entity to copy,
reproduce, or disclose project documents or information unless:
a. The information becomes known to the public without the fault of Consultant;
b. The information is disclosed publicly by the City;
c. Authorized by the City in writing; or
d. Required by law to disclose the information.
3. Upon notice from the City that all deliverables are final and accepted, the Consultant
will immediately destroy by shedding any physical copy of project documents and
permanently destroy any electronic copy of project documents, with the exception of
contractual and financial records.
4. In the event of a breach of this Agreement, the City shall be entitled to pursue any
remedy now or hereafter available under the law up to and including any damages
and costs related to the disclosure of information and necessary action to prevent
future harm to the City due to such disclosures.
The undersigned hereby represent and warrant that the undersigned has the authority and is
authorized to execute this Agreement.
Dated: ______
Industrial Systems, Inc.
Signature:
Printed Name: Troy B. Collison
Title: President
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: June 25, 2025
Interlocal Agreement with Central Kitsap Fire
& Rescue for Fueling
COUNCIL MEETING Date: July 2, 2025
Department: Fire
Presenter: Chief Pat McGanney
Phone: (360) 473-5380
SUMMARY: The Fire Department is requesting to enter into an agreement with Central Kitsap Fire
and Rescue to provide fuel for them during the construction of their fire station.
ATTACHMENTS: ILA
FISCAL IMPACTS (Include Budgeted Amount): The fiscal impact would be $0.
STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve the Interlocal Agreement with Central Kitsap Fire & Rescue 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
INTERLOCAL AGREEMENT
City of Bremerton & Central Kitsap Fire and Rescue 1
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF BREMERTON
AND CENTRAL KITSAP FIRE AND RESCUE
THIS AGREEMENT, has been made and entered into this ______ day of ________, 2025. The
parties to this Agreement are: The City of Bremerton ("City”) and Central Kitsap Fire & Rescue
("Fire District" or “CKFR).
WHEREAS, RCW 39.34, the lnterlocal Cooperation Act, permits local governments to make the
most efficient use of their powers by enabling them to cooperate with other localities on a basis
of mutual advantage and thereby to provide services and facilities in a manner that will accord
best with geographic, economic, population and other factors influencing the needs and
development of local communities.
PURPOSE, purpose of this Agreement is to establish a short-term arrangement wherein the
City provides fuel at its Station 3 facility for purchase by the Fire District.
NOW THEREFORE, in consideration of the mutual interest contained herein, the parties do
agree as follows:
1. Term of Agreement – This agreement will remain in effect until June 30, 2027. If
either party wishes to terminate this Agreement prior to the end of the term, 10-day
notice shall be given to the other party, and such notice shall be in writing, or by
appropriate agency email, to the designated representative indicated in Section 9. No
cause shall be necessary to terminate this Agreement by either party.
2. Ownership – Ownership and maintenance responsibility of the fueling facility remains
with the City.
3. Compensation –the Fire District agrees to pay the City for any fueling cards and fuel
dispensed to Fire District vehicles. The fuel pricing will reflect the actual costs incurred
for provisioning as determined by the City. Cost information will be made available to
Fire District staff upon request. The City will track fuel usage by the Fire District and
provide a detailed invoice to the Fire District monthly.
4. No Separate Entity – No separate legal or administrative entity is created by this
Agreement.
5. Indemnification – CKFR agrees to indemnify, defend and hold the City its elected
officials, officers, employees, agents, and volunteers harmless from any and all tort
claims, demands, losses, actions and liabilities (including costs and all attorney fees) to
or by any and all persons or entities, including, without limitation, their respective
agents, licensees, or representatives, arising from, resulting from, or connected with
this Agreement to the extent caused by the tortious negligent acts, errors or omissions
of CKFR, its elected officials, commissioners, officers, employees, agents, and
volunteers.
INTERLOCAL AGREEMENT
City of Bremerton & Central Kitsap Fire and Rescue 2
The City agrees to indemnify, defend and hold CKFR, its elected officials,
commissioners, officers, employees, agents and volunteers harmless from any and all
tort claims, demands, losses, actions and liabilities (including costs and attorney fees)
to or by any and all persons or entities, including without limitation, their respective
agents, licensees, or representatives, arising from, resulting from or connected with
this Agreement to the extent caused by the tortious negligent acts, errors, or
omissions of the City, its employees or agents.
The provisions of this Section shall survive the expiration or termination of this
Agreement with respect to any event occurring prior to such expiration or termination.
6. Insurance – The City of Bremerton and Central Kitsap Fire and Rescue shall each carry
appropriate liability and property damage insurance to cover any loss occasioned by
their negligent actions arising from or resulting from damage related to their actions
pursuant to this Agreement. Each party agrees to accept liability for any act, error or
omission of its own employees of whatever kind and nature and from whatever cause,
arising out of or connected with the performance of this Agreement.
7. Compliance with Laws – The Parties shall comply with all state, federal, and local laws
in the implementation and operation of the Program.
8. Disputes – The Parties shall seek to resolve all disputes by negotiation and agreement.
Neither party may bring suit with respect to this Agreement without first attempting to
resolve the dispute through mediation. Any mediation shall be through Judicial Dispute
Resolution LLC or some other mutually acceptable mediation service. The exclusive
venue for any suit with respect to this Agreement shall be in Kitsap County, and both
Parties irrevocably submit to the venue and jurisdiction of such courts.
9. Notice – Any notice or communication required arising out of or connected with this
Agreement shall be sent to the following:
Central Kitsap Fire and Rescue: Jason Christian, Fire Chief, JChristian@ckfr.org
City of Bremerton: Pat McGanney, Fire Chief,
Patrick.mcganney@ci.bremerton.wa.us
10. Posting Agreement – Following execution of this agreement each Party shall file it as
required by RCW 39.34.040.
11. Complete Agreement – This Agreement constitutes the full and complete agreement of
the parties as to the matters contained herein. No other verbal or prior written
understanding shall be provided with any legal effect whatsoever. Any amendments
hereto shall be in writing and signed by both parties.
INTERLOCAL AGREEMENT
City of Bremerton & Central Kitsap Fire and Rescue 3
THIS AGREEMENT IS APPROVED BY:
Central Kitsap Fire and Rescue
____________________________ ________________
Jason Christian, Fire Chief Date
City of Bremerton
_____________________________ ________________
Greg Wheeler, Mayor Date
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: June 25, 2025
Eliminate one (1) Corporal Position and
Establish one (1) Sergeant Position to
the Bremerton Police Department; and
Authorize the associated Budget Adjustment
COUNCIL MEETING Date: July 2, 2025
Department: Police
Presenter: Chief Tom Wolfe
Phone: (360) 473-5224
SUMMARY:
To add a BPD Sergeant position with the Office of Professional Standards (OPS) Unit. The OPS
currently has one member to conduct thorough investigations of all complaints. Additional staffing
will allow OPS to conduct the investigations in a transparent and timely manner.
ATTACHMENTS:
FISCAL IMPACTS (Include Budgeted Amount):
6.7% rate increase from the BPOG’s Appendix A, Corporal 5th step, to the first step Police Sergeant.
(Corporal 5th step - $5,014.68 semi-monthly to Sergeant 1st step - $5,350.50 semi-monthly).
STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to authorize the elimination of one (1) Bremerton Police Department Corporal position and add
one (1) Bremerton Police Department Seargeant position; and authorize the associated budget
adjustment.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 04/19/2024
4F
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: June 25, 2025
Ordinance No. 5516 to authorize Extension
of Franchise Agreement with Cascade
Natural Gas Corporation
COUNCIL MEETING Date: July 2, 2025
Department: Legal
Presenter: Melinda Monroe
Phone: (360) 473-5306
SUMMARY: The City would like to present for consideration a 1-year extension of term to the
Cascade Natural Gas Franchise Agreement. The extension will allow for negotiations of a long-term
renewal.
ATTACHMENTS: Ordinance No. 5516 Cascade Natural Gas Extension
FISCAL IMPACTS (Include Budgeted Amount): n/a
STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to pass Ordinance No. 5516 approving an extension to the Franchise Agreement with Cascade
Natural Gas; and authorize the Mayor to finalize and execute the agreement with substantially the
same terms and conditions as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 04/19/2024
4G
ORDINANCE NO. 5516
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BREMERTON, WASHINGTON, AUTHORIZING THE CITY
COUNCIL TO EXTEND A FRANCHISE AGREEMENT WITH
CASCADE NATURAL GAS CORPORATION.
WHEREAS, the City of Bremerton (“the City”) entered into a franchise agreement with
CASCADE NATURAL GAS CORPORATION (the “Grantee”) as authorized by Ordinance No.
5271 on April 4th, 2015 known jointly as the “Franchise Agreement;” and
WHEREAS, the parties mutually agree to extend the franchise term for an additional one
(1) year, per section 18.2 of Ord. 5271 and therefore results in the expiration of the Franchise
Agreement on April 3rd, 2026; and
WHEREAS, both the City and CASCADE NATURAL GAS CORPORATION believe it is
in their mutual interest, and in the public interest, to extend the term of the Franchise for an
additional period of time in order to negotiate a longer-term Franchise with mutually agreeable
terms but do not desire to interrupt natural gas service in the City; and
WHEREAS, the City and CASCADE NATURAL GAS CORPORATION have reached a
mutual agreement for a one (1) year extension, effective April 4th, 2025, and expiring one (1)
year from effective date.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. That the Franchise Agreement with CASCADE NATURAL GAS
CORPORATION referred to in Ordinance No. 5271 shall be extended for a period of one (1)
year, expiring one (1) year from the effective date of this ordinance.
Section 2. That the Franchise Agreement with CASCADE NATURAL GAS
CORPORATION referred to in Ordinance No. 5271, shall be extended with the same terms and
conditions except for the effective date and termination dates, which shall be as set forth in this
ordinance.
Section 3. If any provision of this ordinance is determined to be invalid or unenforceable
for any reason by federal, state, or local law, the remaining provisions of this ordinance and/or
the provisions set forth in the Franchise Agreement with CASCADE NATURAL GAS
CORPORATION referred to in Ordinance No 5271 will remain in force and affect.
Section 4. Upon the approval of the City Attorney, the City Clerk is authorized to make
any necessary corrections to this ordinance including, but not limited to, the correction of
scrivener’s/clerical errors, references, ordinance numbering, section/subsection numbers, and
any reference thereto.
Section 5. Neither party waives any rights which it enjoys under law as a result of
agreeing to this extension.
Section 6. This ordinance shall be in full effect on _____ _______, 2025, which is more
than ten (10) days after publication in the City’s newspaper of record. A summary of this
ordinance may be published in lieu of publishing the ordinance in its entirety.
PASSED by the City Council the___________ day of ____________________, 2025.
_________________________________
Eric Younger, Council President
Approved this ________ day of ________________________, 2025.
_________________________________
GREG WHEELER, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ _________________________________
ANGELA HOOVER, City Clerk KYLIE J. FINNELL, City Attorney
PUBLISHED the ________ day of ______________________, 2025.
EFFECTIVE the ________ day of ______________________, 2025.
ORDINANCE NO. ________.
Franchise Extension Acceptance
This acceptance of the Franchise Extension is unconditionally made without reservation.
Grantee CASCADE NATURAL GAS CORPORATION accepts this Ordinance passed by the
City extending the term of the Franchise Agreement referred to in Ordinance No. 5271.
Accepted and approved, _______________.
CASCADE NATURAL GAS CORPORATION
____________________________________
Name: ______________________________
Title: ______________________________
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: June 25, 2025
Interlocal Agreement with W A School
Information Processing Cooperative
COUNCIL MEETING Date: July 2, 2025
Department: FINANCE
Presenter: MELINDA MONROE
Phone: (360) 473-5306
SUMMARY: This interlocal purchasing agreement provides the City of Bremerton access to the
cooperative purchasing services managed by the Washington School Information Processing
Cooperative in Everett, Washington. It allows the City of Bremerton to purchase via the public
procurement provided under this purchasing cooperative and provides expediated options for the
purchase of supplies, goods and personal services.
ATTACHMENTS: 1) Interlocal Agreement
FISCAL IMPACTS (Include Budgeted Amount): n/a
STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve the Interlocal Agreement between the Washington School Information Processing
Cooperative and the City of Bremerton; 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
4H
Interlocal Agreement Between
Washington School Information Processing Cooperative
And CITY OF BREMERTON
The interlocal agreement is hereby entered into by and between City of Bremerton and
the Washington School Information Processing Cooperative, Everett WA (hereinafter
WSIPC).
WHEREAS, The Interlocal Cooperative Act, as amended, and codified in Chapter 39.34
of the Revised Code of Washington provides for the interlocal cooperation between
governmental agencies; and
WHEREAS, both parties are required to make certain purchases by formal advertisement
and bid process, which is a time consuming and expensive process; and it is in the public
interest to cooperate in the combination of bidding requirements to obtain the most
favorable bid for each party where it is in their mutual interest; and
WHEREAS, the parties wish to utilize each other’s contracts when it is in their mutual
interest;
NOW THEREFORE, the parties agree as follows:
1. Purpose: The purpose of this agreement is to authorize the acquisition of goods and
services under contracts where a price is extended by bidders to other governmental
agencies.
2. Scope. This agreement shall allow the following activities: purchase or acquisition of
supplies, materials, equipment, and services by City of Bremerton under contracts
made by WSIPC where provision has been provided in such contracts for other
agencies to avail themselves of goods and services offered under the contract when
agreed to in advance, in writing.
3. Duration of Agreement-Termination. This agreement shall remain in force until
canceled by either party by written notice to the other party.
4. Right to Contract Independent Action Preserved. WSIPC does not accept
responsibility or liability for the performance of any vendor used by the purchasing
agency as a result of this Agreement. Each party also reserves the right to contract
independently for the acquisition of goods and services and shall be independently
responsible for the ownership, holding and disposal of property acquired for such
party under this agreement.
5. Compliance with Legal Requirements. Each party accepts responsibility for
compliance with federal, state, and local laws and regulations including, in particular,
bidding requirements applicable to its acquisition of goods and services.
6. Financing. The method of financing of payment shall be through budgeted funds or
other available funds of the party for whose use the property is actually acquired.
Each party accepts no responsibility for the payment of the acquisition process of any
goods or services intended for use by the other party.
7. Filing. Executed copies of this agreement shall be filed as required by Section
39.34.040 of the Revised Code of Washington prior to this agreement becoming
effective.
8. Interlocal Cooperation Disclosure. Each party may insert in its solicitation for goods
and services any provision disclosing that other authorized governmental agencies
may also wish to procure the goods or services being offered to the party and
allowing the bidder the opportunity of extending its bid to those other agencies at the
same bid price, terms, and conditions.
9. Non-Delegation/Non-Assignment. Neither party may delegate the performance of
any contractual obligation, hereunder to a third party, unless mutually agreed on in
writing. Neither party may assign this agreement without the written consent of the
other party.
10. Hold Harmless. Each party shall be liable and responsible for the consequences of
any negligence or wrongful act or failure to act on the part of itself and its employees.
Neither party assumes responsibility for the other party for the consequences of any
act or admission of the other party of any person, firms, or corporation not a party to
this agreement.
11. Severability. Any provision of this agreement, which is prohibited or unenforceable,
shall be ineffective to the extent of such prohibition or unenforceability, without
invalidating the remaining provisions or affecting the validity or reinforcement of
such provisions.
Executed on the dates set forth below by the undersigned authorized representatives of the
parties to be effective as of the Effective Date.
By: By:
WSIPC City of Bremerton
2121 W. Casino Road 345 6th Street, STE 100
Everett, Washington 98204 Bremerton, WA 98337
By: ______________________________ By: _________________________
Name: Nancy Walsh Name: _______________________
Title: Chief Financial Officer Title _________________________
Date: _____________________________ Date: ________________________
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: June 25, 2025
Public Works Agreement with Flowline, LLC
for the Sheridan Road Sewer Replacement
Project
COUNCIL MEETING Date: July 2, 2025
Department: Public Works & Utilities
Presenter: Denton Lynch
Phone: (360) 473-6156
SUMMARY: The Work includes but is not limited to replacement of approximately 137 LF of 8-inch
gravity sewer pipeline in Sheridan Road.
Requests for bids were sent to contractors selected from the Municipal Research and Services
Center (MRSC) Small Works Roster. 7 bids were received. Bids were opened on June 12, 2025. The
lowest responsive, responsible bidder was Flowline, LLC who submitted a bid in the amount of
$156,252.47, which includes sales tax. The Engineer’s estimate was $200,000.00.
ATTACHMENTS: 1. Public Works Agreement; 2. Location Map; and 3. Bid Tabulation
FISCAL IMPACTS (Include Budgeted Amount):
The work is fully funded in the 2025 Wastewater Capital Budget.
STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve the Public Works Agreement with Flowline, LLC for the Sheridan Road Sewer
Replacement Project in the amount of $156,252.47; 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
4I
Public Works Agreement (short form)
Rev. 04/2023
PUBLIC WORKS AGREEMENT
THIS AGREEMENT is entered into between the City of Bremerton, a Washington
Municipal Corporation (“City”), and Flowline LLC (“Contractor”), whose mailing address is
16815 Pacific Ave S #4, Spanaway, WA 98387.
The parties agree as follows:
1. CONTRACTOR SERVICES. The Contractor shall perform the following
services for the City described in the Bid Documents titled: Sheridan Road Sewer
Replacement
2. TIME OF COMPLETION. Contractor shall complete the work within 60
calendar days from the date of issuance of the City’s Notice to Proceed.
3. COMPENSATION. The City shall pay the Contractor the total amount of
$156,252.47, Applicable Washington State Retail Sales Tax on this contract shall be
governed by WAC 458-20-171 and its related rules for the work contemplated in this agreement.
The Contractor shall invoice the City monthly. The City will pay for the portion of the work
described in the invoice that has been completed by the Contractor and approved by the City. The
City payment shall not constitute a waiver of the City’s right to final inspection and acceptance of
the project.
A. Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor shall
provide the City a performance bond for the full contract amount to be in
effect until thirty (30) days after the date of final acceptance, or until receipt
of all necessary releases from the State Department of Revenue and the
State Department of Labor and Industries and until settlement of any liens
filed under Chapter 60.28 RCW, whichever is later.
B. Retainage. The City shall hold back a retainage in the amount of five
percent (5%) of any and all payments made to contractor for a period of
thirty (30) days after the date of final acceptance, or until receipt of all
necessary releases from the State Department of Revenue and the State
Department of Labor & Industries and until settlement of any liens filed
under Chapter 60.28 RCW, whichever is later.
C. Defective or Unauthorized Work. The City reserves its right to withhold
payment from Contractor for any defective or unauthorized work. Defective
or unauthorized work includes, without limitation: work and materials that
do not conform to the requirements of this agreement; and extra work and
materials furnished without the City’s written approval. If Contractor is
unable, for any reason, to satisfactorily complete any portion
Public Works Agreement (short form)
Rev. 04/2023
of the work, the City may complete the work by contract or otherwise, and
Contractor shall be liable to the City for any additional costs incurred by the
City. “Additional costs” shall mean all reasonable costs, including le gal
costs and attorney fees, incurred by the City beyond the maximum Contract
price specified above. The City further reserves its right to deduct the cost
to complete the Contract work, including any Additional Costs, from any
and all amounts due or to become due the Contractor.
D. Final Payment: Waiver of Claims. THE MAKING OF FINAL PAYMENT
(EXCLUDING WITHHELD RETAINAGE) SHALL PRECLUDE ALL
CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE
AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE
TIME REQUEST FOR FINAL PAYMENT IS MADE.
4. INDEPENDENT CONTRACTOR. Contractor is and shall be at all times acting
as an independent contractor and not as an employee of the City. The Contractor shall secure at
its expense, and shall be responsible for all payments of income tax, social security, state disability
insurance compensation, unemployment compensation, and all other payroll deductions for the
Contractor, officer, agents, employees and sub -contractors. The Contractor shall also secure all
applicable business licenses, if required, in connection with the contract services, including all
required licenses for Contractor's officers, agents, employees and sub- contractors.
5. TERMINATION. The City may terminate this agreement for good cause. “Good
cause” shall include, without limitation, any one or more of the following events:
A. The Contractor’s refusal or failure to supply a sufficient number of properly
skilled workers or proper materials for completion of the Contract work.
B. The Contractor’s failure to complete the work within the time specified in
this agreement.
C. The Contractor’s failure to make full and prompt payment to sub-
contractors or for material or labor.
D. The Contractor’s persistent disregard of federal, state or local laws, rules or
regulations.
E. The Contractor’s filing for bankruptcy or becoming adjudged bankrupt.
If the City terminates this agreement for good cause, the Contractor shall not receive any
further monies due under this agreement until the Contract work is completed.
Public Works Agreement (short form)
Rev. 04/2023
6. PREVAILING WAGES. Contractor shall file a “Statement of Intent to Pay
Prevailing Wages” with the State of Washington Department of Labor & Industries prior to
commencing the Contract work. Contractor shall pay prevailing wages and comply with Chapter
39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate
provisions. Contractor will be required to pay Kitsap County Prevailing Wage Rates current on
the bid opening date. The Kitsap County rates are available at the Department of Labor and
Industries website.
7. CHANGES. The City may issue a written work change directive for any change
in the Contract work during the performance of this agreement. If the Contractor determines, for
any reason, that a change order is necessary, Contractor must submit a written change order request
to the City’s project manager within two (2) business days of the date the Contractor knew or
should have known of the facts and events giving rise to the requested change. If the City
determines that the change increases or decreases the Contractor’s costs or time for performance,
the City will make an equitable adjustment. The City will attempt, in good faith, to reach
agreement with the Contractor on all equitable adjustments. However, if the parties are unable to
agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor
shall proceed with the change order work upon receiving a written work change directive or change
order from the City. If the Contractor fails to require a change order within the time allowed, the
Contractor waives its right to make any claim or submit subsequent change order requests for that
portion of the contract work. If the Contractor disagrees with the equitable adjustment the
Contractor must complete the change order work; however, the Contractor may elect to protest the
adjustment as provided below:
A. Procedure and Protest by the Contractor. If the Contractor disagrees with
anything required by a work change directive or change order, including
any direction, instruction, interpretation, or determination by the City, the
Contractor shall:
1. Immediately give a signed written notice of protest to the City;
2. Supplement the written protest within fourteen (14) calendar days
with a written statement that provides the following information:
a. The date of the Contract’s protest.
b. The nature and circumstances that caused the protest.
c. The provisions in this agreement that support the protest.
d. The estimated dollar cost, if any, of the protested work and
how that estimate was determined.
e. An analysis of the progress schedule showing the schedule
change or disruption if the Contractor is asserting a schedule
change or disruption.
The Contractor shall keep complete records of extra costs and time
incurred as a result of the protested work. The City shall have
Public Works Agreement (short form)
Rev. 04/2023
access to any of the Contractor’s records needed for evaluating the
protest.
3. The City will evaluate all protests, provided the procedures in this
section are followed. If the City determines that a protest is valid,
the City will adjust payment for work or time by an equitable
adjustment. No adjustment will be made for an invalid protest.
B. Contractor’s Duty to Complete Protested Work. In spite of any protest, the
Contractor shall proceed promptly with the work as the City has ordered.
C. Contractor’s Acceptance of Changes. The Contractor accepts all
requirements of a change order by: (1) endorsing it, (2) writing a separate
acceptance, or (3) not protesting in the way this section provides. A change
order that is accepted by Contractor as provided in this section shall
constitute full payment and final settlement of all claims for contract time
and for direct, indirect and consequential costs, including costs of delays
related to any work, either covered or affected by the change.
D. Failure to Protest Constitutes Waiver. By not protesting as this section
provides, the Contractor also waives any additional entitlement and accepts
from the City any written order (including directions, instructions,
interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the
procedures of this section, the Contractor completely waives any claims for
protested work and accepts form the City any written order (including
directions, instructions, interpretations, and determination).
F. Liens. In the event that there are any liens on file against the City of
Bremerton, the City of Bremerton shall be entitled to withhold final or
progress payments to the extent deemed necessary by the City of Bremerton
to properly protect the outstanding lien claimants until proper releases have
been filed with the City Clerk
8. CLAIMS. The Contractor shall give written notice to the City of all claims other
than change orders within fourteen (14) calendar days of the occurrence of the events giving rise
to the claims. Any claim for damages, additional payment for any reason, or extension of time,
whether under this agreement or otherwise, shall be conclusively deemed to have been waived by
the Contractor unless a timely written claim is made in strict accordance with the applicable
provisions of this agreement; or, if (and only if) no such provision is applicable, unless that claim
is set forth in detail in writing and received by the City within seven (7) calendar days from the
date Contractor knew, or should have known, of the facts giving rise to the claim. At a minimum,
a Contractor’s written claim must include the information set forth regarding protests in Section
7.A.2.a.-e.
Public Works Agreement (short form)
Rev. 04/2023
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM
WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS
ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM
OR CAUSED BY THAT DELAY.
Contractor must, in any event, file any claim or bring any suit arising from or connected
with this agreement within 120 calendar days from the date the contract work is complete.
9. WARRANTY. The Contractor shall correct all defects in workmanship and
materials within one year from the date of the City’s acceptance of the Contract work. When
defects are corrected, the warranty for that portion of the work shall extend for one year from the
date such correction is completed and accepted by the City. The Contractor shall begin to correct
any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If
the Contractor does not accomplish the corrections within a reasonable time, the City may
complete the corrections and the Contractor shall pay all costs incurred by the City in order to
accomplish the correction.
10. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its
officer, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits including all legal costs and attorney fees, arising out of or in connection
with the performance of this agreement, except for injuries and damages caused by the City’s sole
negligence.
The City’s inspection or acceptance of any of Contractor’s work when completed shall not
be grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Contractor and
the City, its officials, employees, agents and volunteers, the Contractor’s liability hereunder shall
be only to the extent of the Contractor’s negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS
INDEMNIFICATION CONSTITUTES THE CONTRACTOR’S WAIVER OF IMMUNITY
UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSE OF
THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this agreement.
11. INSURANCE. The Contractor shall procure and maintain for the duration of this
agreement insurance of the types and in the amounts described below against claims for injuries
to persons or damage to property which may arise from or in connection with the performance of
Public Works Agreement (short form)
Rev. 04/2023
the work by the Contractor, its agents, representative, employees, sub-consultants or sub-
contractors.
Before beginning work on the project described in this agreement, the Contractor shall
provide a Certificate of Insurance evidencing:
A. Automobile Liability insurance with limits no less than $1,000,000
combined single limit per accident for bodily injury and property damage;
and
B. Commercial General Liability insurance written on an occurrence basis with
limits no less than $1,000,000 combined single limit per occurrence and
$2,000,000 general aggregate for personal injury, bodily injury and property
damage. Coverage shall include but not be limited to: blanket contractual;
products/completed operations/broad form property damage; explosion,
collapse and underground (XCU); and
C. Excess Liability insurance with limits not less than $1,000,000 per
occurrence and aggregate; and
B. Workers Compensation insurance as statutorily required by the Industrial
Insurance Act of the State of Washington, Title 51, Revised Code of
Washington and employer's liability with limits not less than $1,000,000.
Any payment of deductible or self-insured retention shall be the sole responsibility of
the Contractor.
The City, its officials, employees, agents and volunteers shall be named as an additional
insured on the insurance policy, as respects work performed by or on behalf of the Contractor and
a copy of the endorsement naming the City as additional insured shall be attached to the Certificate
of Insurance.
The Contractor’s insurance shall contain a clause stating that coverage shall apply
separately to each insured against whom claim is made or suit is brought, except with respects to
the limits of the insurer’s liability.
The Consultant's insurance shall be primary and non-contributory insurance as respects the
City and shall contain a waiver of subrogation against the City for claims arising out of any
operations, liabilities and obligations to which coverage applies. It shall be an affirmative
obligation upon Consultant to advise the City’s Risk Manager by fax at (360) 473-5161, or by
certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6th Street,
Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive
change of any insurance policy set out herein, and failure to do so shall be construed to be a breach
of this Agreement.
Public Works Agreement (short form)
Rev. 04/2023
The City reserves the right to receive a certified copy of all the required insurance policies.
In the event that the Contractor employs other contractors (sub-contractors) as part of the work
covered by this Agreement, it shall be the Contractor’s responsibility t o require and confirm that
each sub-contractor meets the minimum insurance requirements specified above. The Contractor
shall, upon demand of the City, deliver to the City copies of such policy or policies of insurance
and the receipts for payment of premiums thereon.
12. MISCELLANEOUS.
A. Equal Employment Opportunity Statement. In the hiring of employees for
the performance of work under this Agreement, the Contractor, its subcontractors, or any person
acting on behalf of Contractor shall not discriminate in any employment practice on the basis of
age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status,
military status, or the presence of any physical, mental or sensory disability.
B. ADA Statement. The City of Bremerton does not discriminate on the basis
of disability in programs and activities, which it operates pursuant to the requirements of the
Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both
employment and admission to participation in the programs, services and activities of the City of
Bremerton. Reasonable accommodation for employees or applicants for employment will be
provided.
C. Compliance with Laws. Contractor shall comply with all federal, state and
local laws, rules and regulations throughout every aspect in the performance of this agreement.
D. Work Performed at Contractor’s Risk. Contractor shall take all precautions
necessary and shall be responsible for the safety of its employees, agents, and subcontractors in
the performance of this agreement. All work shall be done at Contractor’s own risk, and Contractor
shall be responsible for any loss of or damage to materials, tools, or other articles used or held for
use in connection with the work.
E. Nonwaiver of Breach. The failure of the City to insist upon strict
performance of any of the terms and rights contained herein, or to exercise any option herein
conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of
those terms and rights and they shall remain in full force and effect
F. Governing Law. This agreement shall be governed and construed in
accordance with the laws of the State of Washington. If any dispute arises between the City and
Contractor under any of the provisions of this agreement, resolution of that dispute shall be
available only through the jurisdiction, venue and rules of the Kitsap County Superior Court,
Kitsap County, Washington.
G. Attorney’s Fees. To the extent not inconsistent with RCW 39.04.240, in
any claim or lawsuit for damages arising from the parties’ performance of this agreement, each
party shall be responsible for payment of its own legal costs and attorney’s fees incurred in
Public Works Agreement (short form)
Rev. 04/2023
defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the
City’s right to indemnification under Section 10 of this agreement.
H. Written Notice. All communications regarding this agreement shall be sent
to the parties at the addresses listed on the signature page of this agreement, unless otherwise
notified. Any written notice shall become effective upon delivery, but in any event three (3)
calendar days after the date of mailing by registered or certified mail, and shall be deemed
sufficiently given if sent to the addressee at the address stated on this agreement.
I. Assignment. Any assignment of this agreement by the Contractor without
the written consent of the City shall be void.
J. Modification. No waiver, alteration, or modification of any of the
provisions of this agreement shall be binding unless in writing and signed by a duly authorized
representative of the City and Contractor.
K. Severability. If any one or more sections, sub-sections, or sentences of this
agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of
the remaining portion of this agreement and the remainder shall remain in full force and effect.
L. Entire Agreement. The written provisions and terms of this agreement,
together with any attached Exhibits, supersede all prior verbal statements by any representative of
the City, and those statements shall not be construed as forming a part of or altering in any manner
this agreement. This agreement and any attached Exhibits contain the entire agreement between
the parties. Should any language in any Exhibit to this agreement conflict with any language
contained in this agreement, the terms of this agreement shall prevail.
M. Mutually Bound. Contractor and Subcontractor are mutually bound by the
terms of this agreement. Terms of this agreement will apply to the work of any subcontractor. The
Contractor shall assume toward the subcontractor all obligations and responsibilities the Owner,
under this agreement, assumes toward the Contractor, and the Subcontractor shall assume toward
the Contractor all obligations and responsibilities which the Contractor, under this agreement,
assumes towards the Owner.
N. Suspension & Debarment. For contracts involving Washington State and
Federal funding, Contractor hereby certifies, by signing this agreement, that neither it nor its
principals are presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any State or Federal department or
agency. Contractor shall provide immediate written notice to the City if at any time it learns that
it is or has become ineligible for certification. Should Contractor enter into a covered transaction
with another firm, Contractor agrees by signing this agreement that it will verify that the firm
with whom it intends to do business is not debarred, suspended, ineligible, excluded or
disqualified.
Public Works Agreement (short form)
Rev. 04/2023
O. Solicitation of Minority Business. Per RCW 35.22.650, Contractor agrees
that the contractor shall actively solicit the employment of minority group members. Contractor
further agrees that the contractor shall actively solicit bids for the subcontracting of goods or
services from qualified minority businesses. Contractor shall furnish evidence of the contractor's
compliance with these requirements of minority employment and solicitation. Contractor further
agrees to consider the grant of subcontracts to said minority bidders on the basis of substantially
equal proposals in the light most favorable to said minority businesses. The contractor shall be
required to submit evidence of compliance with this section as part of the bid.
IN WITNESS WHEREOF, the parties below have executed this agreement.
CONTRACTOR THE CITY OF BREMERTON
Print Name: Print Name:
Title: Title:
DATE DATE
Notices to be sent to: Notices to be sent to:
CONTRACTOR: CITY OF BREMERTON:
345 6th Street, Suite 100
Bremerton, WA 98337
(360)
(360) (facsimile)
APPROVED AS TO FORM:
Kylie J. Finnell
Bremerton City Attorney
ATTEST:
Angela Hoover, City Clerk
SALES TAX TOTAL
21,252.00 252,252.00
14,385.30 170,747.30
23,613.55 280,282.55
14,041.11 166,661.83
16,192.00 192,192.00
15,619.39 185,395.39
13,164.13 156,252.47
SECOND LOW BIDDER C&C Development
THIRD LOW BIDDER Pacific Civil
DATE
OPENED:
RECORDED
BY:
$200,000.00 ENGINEER ESTIMATE (INCLUDING SALES TAX)
APPARENT LOW BIDDER Flowline
SUMMARY
CURRENT SALES TAX RATE 9.20%
Flowline YES 143088.34
NW CASCADE (did not ack addenda)YES 169776
ACI YES 176,000.00
C&C Development (did not ack addenda) YES (CASH) 152,620.72
Alex DaughertyBID TITLE:
Vet Industrial YES 256,669.00
Pacific Civil YES 156,362.00
Nova Contracting YES 231,000.00
CITY OF BREMERTON
BID TABULATION
BOND BASE BID NAME OF BIDDER
OPENED BY:
6/12/2025 TIME
OPENED:
58002 - Sheridan Road Sewer Replacement
1:00 PM Bill Davis
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: June 25, 2025
Grant Agreement with WSDOT for Safe
Routes to Schools Improvements
View Ridge Elementary Phase II
COUNCIL MEETING Date: July 2, 2025
Department: PW&U-Engineering
Presenter: Nick Ataie
Phone: (360) 473-2306
SUMMARY:
The 2025 – 2030 Capital Improvement Plan (CIP) includes programmed funding for Phase 2 of Safe
Routes to School (SRTS) improvements serving View Ridge Elementary. The project scope of work
consists of a continuation of non-motorized improvements along Almira Drive between Ivy Road and
Riddell Rd as a continuation of Phase 1 improvements. In early 2025, the City was notified by
WSDOT that the project was selected to receive $5.912 million in funding through the state’s 2024
Supplemental Transportation Budget under “Move Ahead Washington” (MAWA) which includes
appropriations from the Climate Commitment Act (CCA). The grant funding would be allocated to all
project phases including preliminary engineering, right of way, and construction. The original grant
request from the City included $600,000 in local matching funds, however, additional local revenues
will be required for non-eligible project costs and will be reflected in a mid-year budget adjustment.
The offered grant will be in WSDOT Standard Forms, with their standard terms and conditions.
ATTACHMENTS:
1. WSDOT Award Letter
2. Project Location Map
3. WSDOT State Funding Agreement (Blank)
FISCAL IMPACTS (Include Budgeted Amount):
This project is included in the 2025 – 2030 CIP. The preliminary estimated overall project budget is
approximately $7.5 million including local revenues in transportation, stormwater, and wastewater
capital funds.
STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve the Grant Agreement with the Washington State Department of Transportation; 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
4J
January 3, 2025
Mr. Thomas Knuckey
Public Works Director
City of Bremerton
100 Oyster Bay Avenue N
Bremerton, WA 98312
RE: View Ridge SRTS
Move Ahead WA – Capital Projects
2024 Supplemental Transportation Budget
State Funding
Dear Mr. Knuckey:
WSDOT is pleased to advise you that the above-mentioned project was selected to receive
funding in the 2024 Supplemental Transportation Budget through the Move Ahead Washington
(MAWA) – Capital Projects, effective January 1, 2025. The state funding is limited as shown
below:
View Ridge SRTS $5,912,000
2023-25 Available Funding: $ 5,912,000 (Climate Commitment Act Funds)
Scope: To enhance and provide continuous sidewalk and bicycle facilities serving areas
immediately north of View Ridge Elementary School. Existing sidewalk routes near SR
303 are not continuous and curb ramps at intersections are not ADA-compliant. Many
View Ridge families work at the shipyard and Naval Base Kitsap.
In the event the 2023-25 funding is not all reimbursed, WSDOT will need to request the
remaining funding through the 2025-27 budget development. Therefore, it is critical that your
agency update the Local Project Report detailing the project’s delivery, so that the funding aligns
with the project schedule. As a reminder, the amount of MAWA funds available in the biennium
is contained within the enacting legislation.
In order to meet state requirements, the following are required:
Project expenditures incurred prior to execution of the Local Programs State Funding
Agreement and notification from Local Programs that the state funds are authorized
are not eligible for reimbursement.
Please refer to the Local Programs webpage for detailed authorization information,
including: (http://www.wsdot.wa.gov/localprograms/)
Local Agency Guidelines (LAG) manual for detailed requirements;
Mr. Thomas Knuckey
City of Bremerton
January 3, 2025
Transportation Improvement Program (TIP) and Statewide Transportation
Improvement Program (STIP) amendments, as applicable;
Funding and billing forms;
Local Project Report is required to be completed by the end of June and December
each year. To access the database you will need an account name and password.
Your account name is and your password is . The password
is case sensitive.
On January 16, 2024, Governor Inslee issued Directive 24-01 “Use of Climate
Commitment Act Branding in Agency Contracts.” The directive compels agencies like
WSDOT that administer Climate Commitment Act (CCA)-funded programs to require
subrecipients to implement consistent branding and funding acknowledgements.
Therefore, you are required to use the governor’s branding guidance for this CCA-
funded project. If CCA is a portion of your project’s overall funding, please also list
other funding sources as applicable on your communications including webpages. It is
important to note that there is no additional funding for this effort, so please do what is
feasible relative to your grant award. The Governor’s directive and related branding
requirements are attached to this letter.
Local Programs encourages all agencies to submit monthly progress billings to ensure timely
reimbursement of eligible expenditures.
For questions or assistance, please contact your Region Local Programs Engineer, John Ho at
564.669.1018 or John.Ho@wsdot.wa.gov.
Sincerely,
Jay Drye, PE
Director
Local Programs
Attachments
JD:st:cdm
cc: Kelly McGourty, Transportation Director, PSRC
John Ho, PE, Olympic Region Local Programs Engineer
DIRECTIVE OF THE GOVERNOR
24-01
Date: January 16, 2024
To: Executive and Small Cabinet Agencies
From: Governor Jay Inslee
Subject: Use of Climate Commitment Act Branding in Agency Contracts
As agencies begin deploying appropriations from the Climate Commitment Act (CCA), we
are creating tools to ensure transparency about how CCA funding is being put to work across
the state. One of the ways we can help people see CCA benefits in their own neighborhoods
and communities is through consistent branding and funding acknowledgements.
Effective today, January 16, 2024, agency contracts related to CCA-funded programs and
projects must include provisions consistent with the attached branding contract guidelines.
The CCA is supercharging state efforts to reduce pollution and keep our air clean. The
projects and programs supported by the CCA provide Washingtonians more options for
cleaner, healthier homes, schools, businesses and communities. Examples include keeping
kids safe from asthma by switching to electric school buses and improving air ventilation
systems in schools; helping thousands of families reduce utility bills by weatherizing their
homes and upgrading to energy-efficient heat pumps; and creating clean energy jobs in solar,
wind, clean hydrogen and other clean energy sectors.
The attached CCA branding contract guidelines are similar to the kinds of funding
requirements often seen in federally-funded programs or other infrastructure funding
programs.
For CCA-funded contracts that were executed prior to this effective date, agencies should
evaluate on a case-by-case basis if amendments to include any or all of these requirements are
feasible or justifiably infeasible.
I appreciate everyone’s dedication and progress toward a cleaner, healthier, safer Washington
for all.
STATE OF WASHINGTON
-OFFICE OF GOVERNOR JAY lNSLEE -
Climate Commitment Act funding
acknowledgments and branding:
Contract guidelines for agencies
Last updated: January 16, 2024
Issued by Office of the Governor Pursuant to Directive 24-01
The Climate Commitment Act (CCA) is the centerpiece of the state’s climate action efforts.
Revenue from the program will support thousands of projects, programs and jobs that reduce
pollution, and improve the health, safety, and resilience of neighborhoods and communities
across Washington state.
To strengthen public awareness of how CCA funding is used, the Office of the Governor is
directing state agencies that administer funding or manage a CCA-supported program to
include CCA funding acknowledgement and branding provisions in funding or contract
agreements.
The following guidance and sample contract language is intended to help agencies identify
when and how to include requirements for funding acknowledgments and branding. These flow-
down provisions apply to contractors, subcontractors, service providers and others doing
business with the agency to implement a program that is receiving CCA funding. Such
guidelines are similar to routine funding conditions from the federal government and will feel
familiar to many agencies, particularly those who do federally-funded public works projects.
This guidance is effective January 16, 2024. For CCA-funded contracts that were executed prior
to this effective date, agencies should evaluate on a case-by-case basis if amendments to
include any or all of these requirements are feasible or justifiably infeasible.
Appendix A provides the official brand guide for “Climate Commitment Act” logo usage, signage
guidelines, and access to high-resolution files. The brand guide is also available at
climate.wa.gov/brandtoolkit. Please feel free to refer grantees and contractors to that web
page.
Funding source acknowledgement
Administering agencies and all funding recipients, including sub-grantees and local agencies
that receive CCA funding to supplement existing programs, must include recognition of CCA
funding in alignment with this guidance.
STATE OF WASHINGTON
-OFFICE OF GOVERNOR JAY lNSLEE -
2
The funding source acknowledgment should be used in related publications, websites, signage,
invitations and other media-related and public-outreach products. This is the standard funding
language to be used on websites and included in announcements, press releases, and
publications:
“The [PROGRAM NAME / GRANT / ETC.] is supported with funding from Washington’s
Climate Commitment Act. The CCA supports Washington’s climate action efforts by
putting cap-and-invest dollars to work reducing climate pollution, creating jobs, and
improving public health. Information about the CCA is available at www.climate.wa.gov.”
Logo and signage, decals, stickers
In addition to including a funding acknowledgement on websites and media or outreach
materials, recipients must display the “Climate Commitment Act” logo if logos for other
partnering organizations are included.
Logos must be printed on publicly-visible equipment and signage, as applicable and to the
extent practical. If equipment and signage includes logos from other partners, it must also
include a “Climate Commitment Act” logo. Likely examples include EV charging station signs,
the side of an electric school bus, or the exterior surface of a heat pump.
Examples of applicable projects and programs
Large capital projects
Examples include but are not limited to large-scale or solar projects, shore power at ports, or
retrofits on public buildings.
o Pre- and during construction project signs
If the project is installing pre-construction signage or will have signage up during
construction, signage must include a CCA logo.
o Website information
If the project has a related website or webpage, it must include the funding
acknowledgement. If the website or webpage includes logos for other project partners
or funding sources, it must also include a CCA logo.
o Public outreach or promotional materials
Fliers, brochures, public meeting notices, and other similar education and outreach
materials must include the funding acknowledgement. If materials include logos for
other project partners, they must also include a CCA logo.
o Permanent signs
Once the project is complete, any prominent signage that will remain permanently within
the footprint of the site must include a CCA logo.
3
Small capital projects
Examples include but are not limited to culvert projects along major roadways, community solar
projects, new or upgraded EV charging stations, new or upgraded air quality monitoring
stations.
o Pre- and during construction project signs
If the project is installing pre-construction signage or will have signage up during
construction, it must include a CCA logo.
o Website information
If the project has a related website or webpage, it must include the funding
acknowledgement. If the website or webpage includes logos for other project partners
or funding sources, it must also include a CCA logo.
o Public outreach or promotional materials
Fliers, brochures, public meeting notices, and other similar education and outreach
materials must include the funding acknowledgement. If materials include logos of other
project partners, they must also include a CCA logo.
o Permanent signs
Once the project is complete, any prominent signage that will remain permanently within
the footprint of the site must include a CCA logo.
Stationary projects or consumer incentive programs
Examples include but are not limited to weatherization or heat pump programs for homes or
apartments, new electric school buses, free youth transit.
o Website information
If the project has a related website or webpage, it must include the funding
acknowledgement. If the website or webpage includes logos for other project partners
or funding sources, it must also include a CCA logo.
o Public outreach or promotional materials
Fliers, brochures, public meeting notices, and other similar education and outreach
materials must include the funding acknowledgement. If materials include logos of other
project partners, they must also include a CCA logo.
o On-product
Equipment such as heat pumps, updated electrical panels, zero-emission or electric-
hybrid vehicles including drayage trucks, buses or ferries, and other products or
equipment purchased with CCA funding must include a CCA logo decal in a place that is
generally visible to the consumer or user. This includes equipment installed in residential
buildings as well as commercial, industrial and community buildings or settings.
4
Sample contract language
This sample contract language is a starting point. Please work with your contracts manager to
ensure contract language is appropriate for the specific circumstances of your project or
program. The intent and spirit of this contract language is to ensure the Climate Commitment
Act is consistently and properly recognized as a source of funding, particularly to emphasize the
benefit to the end user.
Section X.Y: Ensure coordinated Climate Commitment Act branding
[PROGRAM/PROJECT NAME] received funding from Washington’s Climate Commitment Act
(CCA). To strengthen public awareness of how CCA funding is used, the Office of the Governor
is directing state agencies that administer funding or manage a CCA-supported program to
ensure consistent branding and funding acknowledgments are used in all communications and
included in funding agreements and contracts. The “Climate Commitment Act” logo and funding
acknowledgment make it easy for consumers and the public to see how the state is using CCA
funds to reduce climate pollution, create jobs, and improve public health and the environment,
particularly for low-income and overburdened populations.
The following provisions apply to all contractors, subcontractors, service providers and others
who assist CONTRACTOR in implementing [PROGRAM/PROJECT NAME].
Logo requirements. The CCA logo must be used in the following circumstances, consistent with
the branding guidelines posted at climate.wa.gov/brandtoolkit.
o Any PROGRAM/PROJECT website or webpage that includes logos from other
funding partners.
o Any PROGRAM/PROJECT media or public information materials that include logos
from other funding partners.
o On-site signage [for consumer-related projects or programs this could instead say
something like: Decal placed on front of installed heat pump OR logo printed on
delivery tag]
Funding source acknowledgement. This standard funding language must be used on websites
and included in announcements, press releases and publications used for media-related
activities, publicity and public outreach.
“The [PROGRAM/PROJECT] is supported with funding from Washington’s Climate Commitment
Act. The CCA supports Washington’s climate action efforts by putting cap-and-invest dollars to
work reducing climate pollution, creating jobs, and improving public health. Information about
the CCA is available at www.climate.wa.gov.”
5
Appendix A: Official brand guide and toolkit
This brand guide and logo and font files are available online at climate.wa.gov/brandtoolkit.
To strengthen public awareness of how Climate Commitment Act (CCA) funding is put to work,
state agencies and recipients of programs or projects funded by the CCA are directed to use a
funding acknowledgement and/or logo.
The Climate Commitment Act logo is a symbol of the state's commitment to fighting climate
change and pollution. The simple but powerful design conveys our progress towards a cleaner,
zero emission future. The primary color palette is the three shades of green representing the
Evergreen State's natural beauty and its commitment to environmental protection.
The funding acknowledgement provides standard language for websites, press releases, public
outreach materials and other related promotional products.
The guidance below provides general information about funding acknowledgement language and
logo usage. Funding recipients should refer to their contracts for information about if and when
these requirements apply.
Funding acknowledgement
Administering agencies and all funding recipients, including sub-grantees and local agencies that
receive CCA funding to supplement existing programs, must include recognition of CCA funding
in alignment with this guidance.
The funding source acknowledgment should be used in project- or program-related publications,
websites, signage, invitations, and other media-related and public-outreach products. The
standard funding language to be used is:
“The [PROGRAM NAME / GRANT / ETC.] is supported with funding from Washington’s Climate
Commitment Act. The CCA supports Washington’s climate action efforts by putting cap-and-
invest dollars to work reducing climate pollution, creating jobs, and improving public health.
Information about the CCA is available at www.climate.wa.gov.”
Logo usage
The logo should always be used in its entirety, with the wordmark and symbols together. The logo
should not be altered in any way, including changing the colors, proportions or fonts.
The logo should be displayed on a white background. If a white background isn’t possible, use
the primary logo with the border or one of the approved white logos. The primary color palette is
the shades of green, but it can also be used in black and white and/or gray scale as required.
The logo can be used in a variety of applications, including websites, social media, print materials,
and signage. When using the logo in digital applications or printing for signage, it is important to
use a high-resolution version of the logo file.
6
Primary logo
Primary with border & white background
Social media icon: For social media sites where a round icon is necessary or useful.
Grayscale logo: ONLY use the grayscale logo for black and white printing, limited color printing,
or low-resolution displays.
White logo
While the primary CCA logo is always preferred, circumstances may necessitate using an
alternative white logo. To ensure optimal visual impact, use only the listed logos with the black
background or one of the approved CCA green hues.
FUNDED BY WASHINGTON'S
C LIMATE
C OMMITMENT
A CT =======
FUNDED BY WASHINGTON'S
C LIMATE .
C OMMITMENT
A CT====
FUNDED ev WASHINGTON'S
C LIMATE .
C OMMITMENT
A CT==~=)
FUNDED BY WASHINGTON'S
CLIMATE
COMMITMENT
ACT ====
7
Non-allowable logo modifications - DO NOT:
Squeeze, stretch, or condense logo out of proportion or reduce size smaller than 100px:
.
Retype or change the font in the logotype:
Combine with other elements:
Outline the logo:
CL
C
A
FUN DE
C L
c o
ACT
FUNDED BY WASHINGTON'S FUIIDED BY WASHI NGTON'S
CLIMATE. CLIMATE.
COMMITMENT COMMITMENT
ACT==== ACT
FUNDED BY WASHINGTON 'S IUNDED BY WASH INGTONS
CLIMATE. CLIMATE.
COMMITMENT COMMITMENT
ACT==:==:==: ACT==:==:==:
FUN
C
C
A
NT
8
Place logo on low contrasted background:
These are just a few examples of non-allowable modifications. For more information, please
contact the Office of the Governor.
COLORS & FONTS
PRIMARY GREEN | Color codes for copy/paste on next page.
GRAYSCALE
FONTS
HEX: #005151
CMYK: 92, 49, 60, 35
RGB: 0, 81, 81
HEX: #000000
CMYK: 0, 0, 0, 100
RGB: 0, 0, 0
HEX: #027B5F
CMYK: 87, 29, 72, 14
RGB: 2, 123, 95
HEX: #585858
CMYK: 0, 0, 0, 65
RGB : 88, 88, 88
TITLE FONT: OSALD REGULAR
FUNDED BY WASHINGTON'S
FUNDED BY WASH INGTON 'S
C LIMATE .
C OMMITMENT
A CT =:==:==:=
HEX: #07B14C
CMYK: 80, 0, 100, 0
RGB: 7, 177, 76
HEX: #A6A6A6
CMYK: 0, 0, 0, 35
RGB: 166, 166, 166
LOGO TYPE: POPPINS BOLD
CLIMATE COMMITMENT ACT
View Ridge Elementary
State
Department of Transportation
Local Programs State Funding
Agreement
Work by Public
Agencies
Agency and Address
Agreement Number Project Number
Project Title
Description of Work (See also “Exhibit A”)
Termini Advertisement Date Indirect Cost Rate
Yes No
This AGREEMENT is made and entered into between the STATE OF WASHINGTON, Department of Transportation,
acting by and through the Secretary of Transportation, hereinafter called the “STATE,” and the above named organization,
hereinafter call the “AGENCY.”
WHEREAS, the AGENCY is planning the work shown above, and in connection therewith, the AGENCY has requested
financial assistance for the project or program, and
WHEREAS, the AGENCY has requested funds for the above shown project or program, which has been selected by the
STATE for funding assistance.
NOW THEREFORE, in consideration of the terms, conditions, covenants, and performances contained herein, or attached
and incorporated and made a part hereof, IT IS MUTUALLY AGREE AS FOLLOWS:
Type of Work
PE
or
Planning
a. Agency
Estimate of Funding
(1)
Estimated Total
Funds
(2)
Estimated Agency
Funds
(3)
Estimated
State Funds
b. Other
c. Other
d. State Services
e. Total PE Cost Estimate
RW f. Agency
g. Other
h. Other
i. State Services
j. Total R/W Cost Estimate
CN k. Contract
l. Other
m. Other
n. Other
o. Agency
p. State Services
q. Total CN Cost Estimate
r. Total Project Cost Estimate
DOT Form 140-087LP Revised 12/2024● Previous Versions Obsolete ●Page 1
0 0 0
0 0 0
0 0 0
0 0 0
_________________________________________________ _________________________________________________
___________________________________ ________________________________________
I
General
The AGENCY agrees to perform the above described work in accordance
with the Project Application attached hereto as “Exhibit A” and made a
part of this AGREEMENT.
Plans, specifications, and cost estimates shall be prepared by the
AGENCY in accordance with the current State of Washington Standard
Specifications for Road, Bridge, and Municipal Construction and adopted
design standards, unless otherwise noted. The AGENCY will incorporate
the plans and specifications into the AGENCY’s project and thereafter
advertise the resulting project for bid and, assuming bids are received
and a contract is awarded, administer the contract, or if the project is of
a size which the AGENCY is authorized to perform with its own forces
under the laws of the State of Washington, the AGENCY may proceed
with its own forces.
All work performed under this AGREEMENT shall comply with the
applicable provisions of state law.
II
Payment
The STATE, in consideration of the faithful performance of the work to
be performed by the AGENCY, agrees to reimburse the AGENCY for
the percentage of the actual direct and related indirect cost of the work
shown above, up to the “MAXIMUM AMOUNT AUTHORIZED”. The
agency will comply with Governmental Accounting Auditing and Financial
Reporting Standards and applicable state law and local regulations,
policies and procedures. No payment will be made for work done prior to
execution of this AGREEMENT.
Partial payments shall be made by the STATE, upon request of the
AGENCY, to cover costs incurred. These payments are not to be more
frequent than one (1) per month. It is agreed that any such partial
payment will not constitute agreement as to the appropriateness of any
item and that, at the time of the final audit, all required adjustments will
be made and reflected in a final payment. The AGENCY agrees to submit
a final bill to the STATE within forty-five (45) days after the AGENCY has
completed work.
The AGENCY agrees that all costs in excess of the amount authorized
and the AGENCY’s matching funds shall be the responsibility of the
AGENCY.
III
Audit
The AGENCY agrees that an audit may be conducted by the STATE.
During the progress of the work and for a period not less than three (3)
years from the date of final payment to the AGENCY, the records and
accounts pertaining to the work and accounting thereof are to be kept
available for inspection and audit by the STATE and copies of all records,
accounts, documents, or other data pertaining to the project will be
furnished upon request. If any litigation, claim, or audit is commenced,
the records and accounts along with supporting documentation shall
be retained until all litigation, claim, or audit finding has been resolved
even though such litigation, claim, or audit continues past the three-year
retention period.
IV
Legal Relations
No liability shall attach to the AGENCY or the STATE by reason of
entering into this AGREEMENT except as expressly provided herein.
V
Nondiscrimination
The AGENCY agrees to comply with all applicable state and federal
laws, rules, and regulations pertaining to nondiscrimination and agrees
to require the same of all subcontractors providing services or performing
any work using funds provided under this AGREEMENT.
VI
Venue
For the convenience of the parties to this AGREEMENT, it is agreed that
any claims and/or causes of action which the AGENCY has against the
STATE, growing out of this AGREEMENT or the project or program with
which it is concerned, shall be brought only in the Superior Court for
Thurston County.
VII
Termination
The Secretary of the Department of Transportation may terminate this
AGREEMENT if the funding becomes unavailable or if the Secretary
determines that it is in the best interest of the STATE.
VIII
Final Report and Final Inspection
Within ninety (90) days following the completion of the project and
submission of the final billing for the project, a final report and/or final
inspection shall be submitted to the Director, Highways & Local Programs
containing the following information:
Non-Capital Projects
1. A description of the project or program.
2. A summary of actual costs of the project or program.
3. An evaluation of the project or program. This should address
aspects such as transportation and/or other benefits to the
public.
Capital Projects
1. A final inspection is required.
IX
Supplement
This agreement may be modified or supplemented only in writing by
parties.
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the day and year last written below.
AGENCY
By:
Title:
Agency Date:
S TATE
By:
Director, Local Programs
Date Executed:
DOT Form 140-087LP Revised 12/2024 ● Previous Versions Obsolete ●Page 2
Instructions – Local Programs State Funding Agreement
1. Name and Address – Enter the agency name and billing address of the lead agency that will become a party to
the agreement.
2. Agreement Number – MUST be left blank. This number will be assigned by WSDOT.
3. Project Number – MUST be left blank. This number will be assigned by WSDOT.
4. Description of Work – Enter a concise statement of the major items of work to be performed. If applicable, attach
the signed Project Summary from the project’s selection letter as “Exhibit A”.
5. Project Title – Enter the project’s title.
6. Termini – Enter the begin and end points of the project.
7. Advertisement Date – At construction phase authorization only, enter the proposed construction contract
advertisement date.
8. Indirect Cost Rate
a. Check the Yes box if the agency will be claiming indirect costs on the project. For those projects claiming
indirect costs, supporting documentation that clearly shows the indirect cost rate being utilized by the agency
must be provided with the Local Programs State Funding Agreement. Indirect cost rate approval by your
cognizant agency or through your agency’s self-certification and supporting documentation is required to be
available for review by WSDOT and/or State Auditor.
b. Check the No box if the agency will not be claiming indirect costs on the project.
9. Type of Work and Funding (Round all dollar amounts to the nearest whole dollar)
a. Planning – For projects that only include planning and/or study activities, lines a through d show Planning costs
for the project by type of work (e.g., agency, consultant, state services, etc.).
• Line a – Enter the estimated cost of agency performed work in columns 1 through 3.
• Line b & c – Identify consultant, etc., and enter the estimated amounts in columns 1 through 3.
• Line d – State Services. Every project must have funding for state services. Enter the estimated amounts in
columns 1 through 3.
• Line e – Total of lines a + b + c + d.
b. Preliminary Engineering – For projects authorizing a Preliminary Engineering phase, lines a through d show PE
costs for the project by type of work (e.g., agency, consultant, state services, etc.).
• Line a – Enter the estimated cost of agency performed work in columns 1 through 3.
• Line b & c – Identify consultant, etc., and enter the estimated amounts in columns 1 through 3.
• Line d – State Services. Every project must have funding for state services. Enter the estimated amounts in
columns 1 through 3.
• Line e – Total of lines a + b + c + d.
c. Right of Way – For projects authorizing a Right of Way phase, lines f through i show RW costs for the project by
type of work (e.g., agency, consultant, state services, etc.).
• Line g & h – Identify consultant, etc., and enter the estimated amounts in columns 1 through 3.
• Line i – State Services. Every project must have funding for state services. Enter the estimated amounts in
columns 1 through 3.
• Line j – Total of lines f + g + h + i.
d. Construction – For projects authorizing a Construction phase, lines k through p show CN costs for the project
by type of work (e.g., contract, agency, consultant, state services, etc.).
• Line k – Enter the estimated cost of the CN contract in columns 1 through 3.
• Lines l, m, & n – Identify consultant, utilities, etc., and enter the estimated amounts in columns 1 through 3.
• Line o – Enter the estimated cost of agency performed work in columns 1 through 3.
• Line p – State Services. Every project must have funding for state services. Enter the estimated amounts in
columns 1 through 3.
• Line q – Total of lines k + l + m + n + o + p.
e. Total Project Cost Estimate
• Line r – Total Cost Estimate of the Project. Total of lines e + j + q.
10.Signatures – An authorized official of the local agency signs the agreement and enters their title and date of
signature (include month, day, and year). Note: Do NOT enter a date on the Date Executed line.
DOT Form 140-087LP Revised 12/2024● Previous Versions Obsolete ●Page 3
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: June 25, 2025
Professional Services Agreement with
New Line Services, Inc. (dba Agate Asphalt)
for the Bremerton Safe Routes To Schools
Project
COUNCIL MEETING Date: July 2, 2025
Department: PW&U
Presenter: Shane Weber
Phone: (360) 473-2354
SUMMARY: The Bremerton Safe Routes to Schools (SRTS) project improves pedestrian and traffic
safety near five local schools: Armin Jahr Elementary, Crownhill Elementary, John D. “Bud” Hawk
Elementary, Mountain View Middle School, and Naval Avenue Elementary. Planned improvements
include speed feedback signs, flashing beacons, and school zone signage. The project was
advertised for bids through the Small Works Roster, with bid opening on March 27th, 2025. A total of
seven bids were received. The apparent low bid, submitted by Liberty Asphalt in the amount of
$110,484.93, was deemed non-responsive due to insufficient documentation demonstrating relevant
experience and was therefore rejected. The second low bidder, New Line Services Inc. (dba Agate
Asphalt), was determined to be responsive and responsible. Staff recommends awarding the
contract to New Line Services Inc. (dba Agate Asphalt) in the amount of $146,995.00, including sales
tax.
ATTACHMENTS:
1. Bid Tabulation
2. Public Works Agreement
3. Letter to Liberty Asphalt
FISCAL IMPACTS (Include Budgeted Amount):
This project is included in the Transportation Project Fund and is 100% grant funded.
STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve the contract with New Line Services, Inc. (dba Agate Asphalt) for the Bremerton
Safe Routes To Schools Project in the amount of $146,995.00, including sales tax; and authorize the
Mayor to finalize and execute the agreement with substantially the same terms and conditions as
presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 04/19/2024
4K
CITY OF BREMERTON
BID TABULATION
BOND BASE BID + CONTINGENCY SALES TAX TOTALNAME OF BIDDER
OPENED
BY:
3/27/2025 TIME
OPENED:
315031 - Bremerton SRTS Speed Feedback Signage
1:30PM Isabel Servedio
Shane Weber, PM.
Transportation Systems, Inc. Yes (5%)203,213.00
New Line Services Inc, dba Agate Asphalt Yes (5%)146,995.00
Specialized Pavement Marking, LLC Yes (5%)197,386.00
Vertex Contracting LLC Yes (5%)195,732.00
Liberty Asphalt Maintenance & Markings LLC Yes (5%)110,484.93
Roglin's, Inc. Yes (5%)247,750.00
Hammersley Contracting LLC Yes (5%)211,000.00
BID TITLE:
SECOND LOW BIDDER-New Line Services Inc, dba Agate Asphalt $146,995.00
THIRD LOW BIDDER-Vertex Contracting LLC $195,732.00
DATE
OPENED:
RECORDED
BY:
$185,081.00 ENGINEER ESTIMATE (INC SALES TAX)
APPARENT LOW BIDDER-Liberty Asphalt Maintenance & Markings LLC $110,484.93
SUMMARY
Public Works Agreement (short form)
Rev. 04/2023
PUBLIC WORKS AGREEMENT
THIS AGREEMENT is entered into between the City of Bremerton, a Washington
Municipal Corporation (“City”), and New Line Services Inc, dba Agate Asphalt (“Contractor”),
whose mailing address is 16330 State Hwy 305 NE Suite 200 Poulsbo, WA. 98370 .
The parties agree as follows:
1.CONTRACTOR SERVICES. The Contractor shall perform the following
services for the City:
Bremerton School Zone Safety Improvements to the following schools: Armin Jahr Elementary,
Crownhill Elementary, John D. “Bud” Hawk Elementary, Mountain View Middle School, and
Naval Avenue Elementary. These improvements include speed feedback signs, flashing beacons,
and school speed zone signage.
2.TIME OF COMPLETION. Contractor shall complete the work within 30
calendar days from the date of issuance of the City’s Notice to Proceed.
3.COMPENSATION. The City shall pay the Contractor the total amount of
$__146,995.00, plus any applicable Washington State Sales Tax, for the work and services
contemplated in this agreement. The City shall pay the Contractor ninety percent (90%) of the
Contract amount upon completion and acceptance of the work by the City, and the remainder
upon fulfillment of the conditions listed below and throughout this agreement.
A.No Performance Bond. Because this contract including applicable sales
tax is $150,000 or less, and pursuant to Chapter 39.08 RCW, the
Contractor, in lieu of providing the City a performance bond, has elected
to have the City retain the final ten percent (10%) of the Contract amount
for a period of thirty (30) days after the date of final acceptance, or until
receipt of all necessary releases from the State Department of Revenue
and the State Department of Labor & Industries and until settlement of any
liens filed under Chapter 60.28 RCW, whichever is later.
B.Retainage. The City shall hold back a retainage in the amount of ten
percent (10%) of any and all payments made to contractor for a period
of thirty (30) days after the date of final acceptance, or until receipt of
all necessary releases from the State Department of Revenue and the
State Department of Labor & Industries and until settlement of any liens
filed under Chapter 60.28 RCW, whichever is later.
C.Defective or Unauthorized Work. The City reserves its right to withhold
payment from Contractor for any defective or unauthorized work.
Defective or unauthorized work includes, without limitation: work and
materials that do not conform to the requirements of this agreement; and
Public Works Agreement (short form)
Rev. 04/2023
extra work and materials furnished without the City’s written approval. If
Contractor is unable, for any reason, to satisfactorily complete any portion
of the work, the City may complete the work by contract or otherwise, and
Contractor shall be liable to the City for any additional costs incurred by
the City. “Additional costs” shall mean all reasonable costs, including
legal costs and attorney fees, incurred by the City beyond the maximum
Contract price specified above. The City further reserves its right to
deduct the cost to complete the Contract work, including any Additional
Costs, from any and all amounts due or to become due the Contractor.
D. Final Payment: Waiver of Claims. THE MAKING OF FINAL
PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL
PRECLUDE ALL CLAIMS, EXCEPT THOSE PREVIOUSLY AND
PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS
UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS
MADE.
4. INDEPENDENT CONTRACTOR. Contractor is and shall be at all times
acting as an independent contractor and not as an employee of the City. The Contractor shall
secure at its expense, and shall be responsible for all payments of income tax, social security,
state disability insurance compensation, unemployment compensation, and all other payroll
deductions for the Contractor, officer, agents, employees and sub-contractors. The Contractor
shall also secure all applicable business licenses, if required, in connection with the contract
services, including all required licenses for Contractor's officers, agents, employees and sub-
contractors.
5. TERMINATION. The City may terminate this agreement for good cause.
“Good cause” shall include, without limitation, any one or more of the following events:
A. The Contractor’s refusal or failure to supply a sufficient number of
properly skilled workers or proper materials for completion of the
Contract work.
B. The Contractor’s failure to complete the work within the time specified in
this agreement.
C. The Contractor’s failure to make full and prompt payment to sub-
contractors or for material or labor.
D. The Contractor’s persistent disregard of federal, state or local laws, rules
or regulations.
E. The Contractor’s filing for bankruptcy or becoming adjudged bankrupt.
If the City terminates this agreement for good cause, the Contractor shall not receive any
further monies due under this agreement until the Contract work is completed.
Public Works Agreement (short form)
Rev. 04/2023
6. PREVAILING WAGES. Contractor shall file a “Statement of Intent to Pay
Prevailing Wages” with the State of Washington Department of Labor & Industries prior to
commencing the Contract work. Contractor shall pay prevailing wages and comply with Chapter
39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate
provisions. Contractor will be required to pay Kitsap County Prevailing Wage Rates current on
the bid opening date. The Kitsap County rates are available at the Department of Labor and
Industries website.
7. CHANGES. The City may issue a written work change directive for any change
in the Contract work during the performance of this agreement. If the Contractor determines, for
any reason, that a change order is necessary, Contractor must submit a written change order
request to the City’s project manager within two (2) business days of the date the Contractor
knew or should have known of the facts and events giving rise to the requested change. If the
City determines that the change increases or decreases the Contractor’s costs or time for
performance, the City will make an equitable adjustment. The City will attempt, in good faith, to
reach agreement with the Contractor on all equitable adjustments. However, if the parties are
unable to agree, the City will determine the equitable adjustment as it deems appropriate. The
Contractor shall proceed with the change order work upon receiving a written work change
directive or change order from the City. If the Contractor fails to require a change order within
the time allowed, the Contractor waives its right to make any claim or submit subsequent change
order requests for that portion of the contract work. If the Contractor disagrees with the
equitable adjustment the Contractor must complete the change order work; however, the
Contractor may elect to protest the adjustment as provided below:
A. Procedure and Protest by the Contractor. If the Contractor disagrees with
anything required by a work change directive or change order, including
any direction, instruction, interpretation, or determination by the City, the
Contractor shall:
1. Immediately give a signed written notice of protest to the City;
2. Supplement the written protest within fourteen (14) calendar days
with a written statement that provides the following information:
a. The date of the Contract’s protest.
b. The nature and circumstances that caused the protest.
c. The provisions in this agreement that support the protest.
d. The estimated dollar cost, if any, of the protested work and
how that estimate was determined.
e. An analysis of the progress schedule showing the schedule
change or disruption if the Contractor is asserting a
schedule change or disruption.
The Contractor shall keep complete records of extra costs and time
incurred as a result of the protested work. The City shall have
Public Works Agreement (short form)
Rev. 04/2023
access to any of the Contractor’s records needed for evaluating the
protest.
3. The City will evaluate all protests, provided the procedures in this
section are followed. If the City determines that a protest is valid,
the City will adjust payment for work or time by an equitable
adjustment. No adjustment will be made for an invalid protest.
B. Contractor’s Duty to Complete Protested Work. In spite of any protest,
the Contractor shall proceed promptly with the work as the City has
ordered.
C. Contractor’s Acceptance of Changes. The Contractor accepts all
requirements of a change order by: (1) endorsing it, (2) writing a separate
acceptance, or (3) not protesting in the way this section provides. A
change order that is accepted by Contractor as provided in this section
shall constitute full payment and final settlement of all claims for contract
time and for direct, indirect and consequential costs, including costs of
delays related to any work, either covered or affected by the change.
D. Failure to Protest Constitutes Waiver. By not protesting as this section
provides, the Contractor also waives any additional entitlement and
accepts from the City any written order (including directions, instructions,
interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the
procedures of this section, the Contractor completely waives any claims
for protested work and accepts form the City any written order (including
directions, instructions, interpretations, and determination).
F. Liens. In the event that there are any liens on file against the City of
Bremerton, the City of Bremerton shall be entitled to withhold final or
progress payments to the extent deemed necessary by the City of
Bremerton to properly protect the outstanding lien claimants until proper
releases have been filed with the City Clerk
8. CLAIMS. The Contractor shall give written notice to the City of all claims other
than change orders within fourteen (14) calendar days of the occurrence of the events giving rise
to the claims. Any claim for damages, additional payment for any reason, or extension of time,
whether under this agreement or otherwise, shall be conclusively deemed to have been waived
by the Contractor unless a timely written claim is made in strict accordance with the applicable
provisions of this agreement; or, if (and only if) no such provision is applicable, unless that claim
is set forth in detail in writing and received by the City within seven (7) calendar days from the
date Contractor knew, or should have known, of the facts giving rise to the claim. At a
minimum, a Contractor’s written claim must include the information set forth regarding protests
in Section 7.A.2.a.-e.
Public Works Agreement (short form)
Rev. 04/2023
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM
WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS
ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM
OR CAUSED BY THAT DELAY.
Contractor must, in any event, file any claim or bring any suit arising from or connected
with this agreement within 120 calendar days from the date the contract work is complete.
9. WARRANTY. The Contractor shall correct all defects in workmanship and
materials within one year from the date of the City’s acceptance of the Contract work. When
defects are corrected, the warranty for that portion of the work shall extend for one year from the
date such correction is completed and accepted by the City. The Contractor shall begin to
correct any defects within seven (7) calendar days of its receipt of notice from the City of the
defect. If the Contractor does not accomplish the corrections within a reasonable time, the City
may complete the corrections and the Contractor shall pay all costs incurred by the City in order
to accomplish the correction.
10. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its
officer, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits including all legal costs and attorney fees, arising out of or in connection
with the performance of this agreement, except for injuries and damages caused by the City’s
sole negligence.
The City’s inspection or acceptance of any of Contractor’s work when completed shall
not be grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Contractor and
the City, its officials, employees, agents and volunteers, the Contractor’s liability hereunder shall
be only to the extent of the Contractor’s negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS
INDEMNIFICATION CONSTITUTES THE CONTRACTOR’S WAIVER OF IMMUNITY
UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSE OF
THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this
agreement.
11. INSURANCE. The Contractor shall procure and maintain for the duration of this
agreement, insurance against claims for injuries to persons or damage to property that may arise
from or in connection with the performance of the Contract work by the Contractor, its agents,
representatives, employees or sub-contractors.
Public Works Agreement (short form)
Rev. 04/2023
Before beginning the work on the project described in this agreement, the Contractor
shall provide a Certificate of Insurance evidencing:
A. Automobile Liability insurance with limits no less than $1,000,000 combined
single limit per accident for bodily injury and property damage; and
B. Commercial General Liability insurance written on an occurrence basis with
limits no less than $1,000,000 combined single limit per occurrence and
$2,000,000 aggregate for personal injury, bodily injury and property damage.
Coverage shall include but not be limited to: blanket contractual;
products/completed operations/broad from property damage; explosion,
collapse and underground (XCU) if applicable; and
C. Workers Compensation insurance as statutorily required by the Industrial
Insurance Act of the State of Washington, Title 51, Revised Code of
Washington and employer's liability with limits not less than $1,000,000.
.
Any payment of deductible or self-insured retention shall be the sole responsibility of the
Contractor.
The City, its officials, employees, agents and volunteers shall be named as an additional
insured on the insurance policy, as respects work performed by or on behalf of the Contractor
and a copy of the endorsement naming the City as additional insured shall be attached to the
Certificate of Insurance.
The Contractor’s insurance shall contain a clause stating that coverage shall apply
separately to each insured against whom claim is made or suit is brought, except with respects to
the limits of the insurer’s liability.
The Consultant's insurance shall be primary and non-contributory insurance as respects
the City and shall contain a waiver of subrogation against the City for claims arising out of any
operations, liabilities and obligations to which coverage applies. It shall be an affirmative
obligation upon Consultant to advise the City’s Risk Manager by fax at (360) 473-5161, or by
certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6 th
Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or
substantive change of any insurance policy set out herein, and failure to do so shall be construed
to be a breach of this Agreement.
The City reserves the right to receive a certified copy of all the required insurance
policies. In the event that the Contractor employs other contractors (sub-contractors) as part of
the work covered by this Agreement, it shall be the Contractor’s responsibility to require and
confirm that each sub-contractor meets the minimum insurance requirements specified above.
The Contractor shall, upon demand of the City, deliver to the City copies of such policy or
policies of insurance and the receipts for payment of premiums thereon.
Public Works Agreement (short form)
Rev. 04/2023
12. MISCELLANEOUS.
A. Equal Employment Opportunity Statement. In the hiring of employees for
the performance of work under this Agreement, the Contractor, its subcontractors, or any person
acting on behalf of Contractor shall not discriminate in any employment practice on the basis of
age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital
status, military status, or the presence of any physical, mental or sensory disability.
B. ADA Statement. The City of Bremerton does not discriminate on the
basis of disability in programs and activities, which it operates pursuant to the requirements of
the Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to
both employment and admission to participation in the programs, services and activities of the
City of Bremerton. Reasonable accommodation for employees or applicants for employment
will be provided.
C. Compliance with Laws. Contractor shall comply with all federal, state
and local laws, rules and regulations throughout every aspect in the performance of this
agreement.
D. Work Performed at Contractor’s Risk. Contractor shall take all
precautions necessary and shall be responsible for the safety of its employees, agents, and
subcontractors in the performance of this agreement. All work shall be done at Contractor’s own
risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other
articles used or held for use in connection with the work.
E. Nonwaiver of Breach. The failure of the City to insist upon strict
performance of any of the terms and rights contained herein, or to exercise any option herein
conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of
those terms and rights and they shall remain in full force and effect
F. Governing Law. This agreement shall be governed and construed in
accordance with the laws of the State of Washington. If any dispute arises between the City and
Contractor under any of the provisions of this agreement, resolution of that dispute shall be
available only through the jurisdiction, venue and rules of the Kitsap County Superior Court,
Kitsap County, Washington.
G. Attorney’s Fees. To the extent not inconsistent with RCW 39.04.240, in
any claim or lawsuit for damages arising from the parties’ performance of this agreement, each
party shall be responsible for payment of its own legal costs and attorney’s fees incurred in
defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the
City’s right to indemnification under Section 10 of this agreement.
H. Written Notice. All communications regarding this agreement shall be
sent to the parties at the addresses listed on the signature page of this agreement, unless
otherwise notified. Any written notice shall become effective upon delivery, but in any event
three (3) calendar days after the date of mailing by registered or certified mail, and shall be
deemed sufficiently given if sent to the addressee at the address stated on this agreement.
Public Works Agreement (short form)
Rev. 04/2023
I. Assignment. Any assignment of this agreement by the Contractor without
the written consent of the City shall be void.
J. Modification. No waiver, alteration, or modification of any of the
provisions of this agreement shall be binding unless in writing and signed by a duly authorized
representative of the City and Contractor.
K. Severability. If any one or more sections, sub-sections, or sentences of
this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity
of the remaining portion of this agreement and the remainder shall remain in full force and
effect.
L. Entire Agreement. The written provisions and terms of this agreement,
together with any attached Exhibits, supersede all prior verbal statements by any representative
of the City, and those statements shall not be construed as forming a part of or altering in any
manner this agreement. This agreement and any attached Exhibits contain the entire agreement
between the parties. Should any language in any Exhibit to this agreement conflict with any
language contained in this agreement, the terms of this agreement shall prevail.
M. Mutually Bound. Contractor and Subcontractor are mutually bound by
the terms of this agreement. Terms of this agreement will apply to the work of any subcontractor.
The Contractor shall assume toward the subcontractor all obligations and responsibilities the
Owner, under this agreement, assumes toward the Contractor, and the Subcontractor shall
assume toward the Contractor all obligations and responsibilities which the Contractor, under
this agreement, assumes towards the Owner.
N. Suspension & Debarment. For contracts involving Washington State and
Federal funding, Contractor hereby certifies, by signing this agreement, that neither it nor its
principals are presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any State or Federal department or
agency. Contractor shall provide immediate written notice to the City if at any time it learns that
it is or has become ineligible for certification. Should Contractor enter into a covered transaction
with another firm, Contractor agrees by signing this agreement that it will verify that the firm
with whom it intends to do business is not debarred, suspended, ineligible, excluded or
disqualified.
IN WITNESS WHEREOF, the parties below have executed this agreement.
CONTRACTOR THE CITY OF BREMERTON
Print Name: Print Name:
Title: Title:
DATE DATE
Public Works Agreement (short form)
Rev. 04/2023
Notices to be sent to: Notices to be sent to:
CONTRACTOR: CITY OF BREMERTON:
345 6th Street, Suite 100
Bremerton, WA 98337
(360)
(360) (facsimile)
APPROVED AS TO FORM:
Kylie J. Finnell
Bremerton City Attorney
ATTEST:
Angela Hoover, City Clerk
R:\Legal\Legal\Forms\FORMS ON COBWEB\Public Works Agreement (short form) Rev. 04 2023.doc
_______________________________________________________________________________
Public Works & Utilities │ 345 6th Street Suite 100, Bremerton, WA 98312 * Phone (360) 473-5920 * Fax (360) 473-5398
Working for and with our citizens to establish Bremerton as Puget Sound’s most beautiful and livable waterfront city!
May27th, 2025
Justin Cap
Liberty Asphalt Maintenance & Markings LLC
168 Antonie Ave N
Eatonville, WA. 98328
Subject: Bremerton School Zone Safety Improvement Project #315031 – Rejection of Bid
Dear Mr. Cap:
Thank you for your recent submission to the City’s project bid opening held on March 27th 2025. After
careful consideration, we regret to inform you that Liberty Asphalt Maintenance & Marking LLC’s
proposal has been rejected.
One of the key requirements of the solicitation was the provision of references for projects of similar size
and complexity with a government agency. Unfortunately, your proposal did not include adequate
documentation to demonstrate this experience. Despite multiple attempts to contact you to supplement
the references submitted, we did not receive a response or the necessary documentation.
We appreciate your interest in working with the City of Bremerton and encourage you to participate in
future bidding opportunities. If you have any questions or would like to discuss the matter further, please
contact me at (360) 473-2354.
Best Regards,
Shane Weber, P.E.
Managing Engineer
cc:
Thomas Knuckey, P.E., PWU Director
Ned Lever, P.E., City Engineer
Isabel Servedio, Project Assistant
Project File
Shane Weber
Digitally signed by Shane Weber
DN: C=US,
E=Shane.Weber@ci.bremerton.wa.us,
O=City of Bremerton, OU=Engineering,
CN=Shane Weber
Reason: I am the author of this document
Date: 2025.05.27 15:51:02-07'00'
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