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Home My WebLink About03/28/01 AGENDA CITY COUNCIL MEETING AGENDA MARCH 28, 2001 1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. A. General Council Business 2. CALL TO ORDER: 5:30 P.M, A. Pledge of Allegiance B. Invocation 3. CONSENT AGENDA - There are no Consent Agenda Items this week. 4. CLAIMS/CHECK REGISTERS 5. COUNCIL MEMBER REPORTS 6. MAYOR'S REPORT 7. LEGISLATIVE REPORT 8. pUI~LIC RECOGNITION - (Comments limited to 3-minutes) 9. NEW BUSINESS A. Contract Award to Milroy Golf Systems for Gold Mountain Irrigation Pump and Pump House Project (#AB01-071) B. Professional Services Agreement for Construction Management Services with URS/O'Brien Kreitzberg for Callow Basin Priority 5 Improvements (#AB01-072) C. Professional Services Agreement for Design Services with Montgomery Watson American, Inc. for Callow Basin Priority 3 Improvements, CSO Pump Station (#AB01-073) D. Professional Services Agreement for Engineering Services with Parametrix Engineering...,- for Bremerton Comprehensive Transportation Plan Update (#AB01-074) E. Request for Payment of Employer Contributions to the State Department of Retirement "7 Systems for Councilman David Fart for Prior and Current Service (#AB01-075) / I ol-4, 10. RESOLUTIONS ~ ~,=.n~,~ti~,. No~.~~ Good Govei-i-,ai-,ce and °-"~'~'""~', _ Prioritie* (#.&.BO!-r57B4 - -r'o.b(¢._~ I ~L)6g--~ i'1 11. ADJOURNMENT OF MEETING AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Gold Mountain irrigation FOR AGENDA OF: March 28, 2001 Pump/Pump House for the Cascade ORIGINATING DEPT: Parks & Recreation Course. ORIGINATOR: Pat Westhoff, Golf Operations DATE SUBMITTED: March 21, 2001 2. CLEARANCES: 3. EXHIBITS: (Comment on back if necessary)~... Parks & Recreation Director: ~ ~ * Bid Tabulation Risk Manager: tttt~)~ * 2001 Gold Mountain Capital ]k~'! City Attorney: ~x.,~.~ ~ * Milroy Golf Project list City Treasure'r~~_,~_~ Fiscal & Budget Committee: ~ ~ Operations Committee: Z.//-Y..-'b't~- ~E~ ENDORSEMENT ~ INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Requests for sealed bids was mailed out and advertised on February 15, 2001 for the construction of a new prefabricated irrigation pump station and pump house. Four firms bid the project with Milroy Golf Systems being the low qualified bidder at $166,552.00 including Washington State sales tax. 8. RECOMMENDATION: Council make a motion to accept the low bid from Milroy Golf Systems in the amount of $166,552.00 including Washington State sales tax and authorize the Mayor to execute a contract with Milroy Golf Systems. 9. RESPONSIBLE OFFICIAL: Patrick C. Westhoff ENFORCEMENT OFFICIAL: Patrick C. Westhoff EXPIRATION DATE: 12-31-01 REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED -. APPROVED ~DISAPPROVED ~N~ COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL #: 0[ -- 2. CLEARANCE COMMENTS: 5. IMPACT OF NON-PASSAGE: We will not be able to move forward with phase #1 o£a new irrigation system for the Cascade Course at the Gold Mountain Golf Complex. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES~ EQUIPMENT OR OTHER RESOURCES: The irrigation pump/pump house project was a budgeted item for 200 l in the amount of $150,000.00. The bid was $16,552.00 over budget, which will be made up from our Path and Road improvements monies. Staff time will be required for input and review. This time is absorbable within current staffing levels. 7. RESEARCH SOURCES: CITY OF BREMERTON BID TABULATION ~DDER .,cp ITEM 1 ITEM 2 ITEM 3 ITEU 4 ITEU 5 NET BID TAX TOTAL ~ ..... ..,,, .~ -..., , ,~,...., ,.,.. ,~, ,, '; ~ ?, 1. ,,;, -. 2 ,' .... , , ,, , ,. ~ .... ,,- . ..... ,,, 2001 CAPITAL EQUIPMENT EQUIPMENT BARS CODE PROJECT # BUDGET ACTUAL ~ AS OF 3-19~01 FAIRWAY AERATOR 594.1854-56410 5403 $20,000.00 SEPT. PURCHASE LAS-TEC ROTARY GANG 594.1854-56410 5404 $16,500.00 $16,446.40 FAIRWAY MOWER 594.1854-56410 5409 $38,000.00 OCT. PURCHASE TURF-CO TOP DRESSER 594.1854-56410 5405 $11,000.00 $10,659.00 EQUIPMENT STORAGE 594.1854-56210 5401 $10,000.00 OCT. PURCHASE GENERATOR 594.1854-56410 5408 $3,500.00 $3,219.00 UNIDENTIFIED CAPITAL 594.1854-56310 $46,500.00 CLUBHOUSE EQUIP ROAD AND PATH IMPROVEMENTS 594.6954-56310 5406 $25,000.00 PUMP/PUMP HOUSE MAINT. COMPUTER & SOFTWARE 594.1854-56440 5407 $7,000.00 $3,282.31 IRRIG. PUMP/PUMP HOUSE 594.1854-56430 5402 $150,000.00 $166,552.00 $327,500.00 $200,158.71 CAPITAL PROJECTS GOLF CLUBHOUSE 594.1854-56210 98201 $3,100,000.00 milm7 g~lf s~.'stems, inc. GOLF COURSE PROJECTS COMPLETED FROM 1985 TO PRESENT Golf Course. Architec.! I Scope. 2000 Crystal Lakes Sports Field Public Mater Engineering Jon Katin, Superintendent 541-757-6729 40 Acm Sports Field Const. 2000 WallaWala Country Club Private John Steidel Jeff 81anc, Superintendent 509-525-1780 Lake Construction 2000 Prairie Falls Golf Course Public Mark Rathert Keith Coultrap, Owner 800-541-4383 Finish grade & shaping. 2000 Prairie Falls Golf Course Public Milmy Gotf Systems, Keith Coullrap., Owner 800-541-4383 Irrigation Renovation 2000 Bandon Dunes Golf Links Pacific Dunes Public Dave Beck & Assoc. Troy Russell, Superintendent 541-347-5747 18 hole new construction 2000 Micheibook C.C. Private Roger Gordan Bob Fluter, Superintendent 503-472-33B2 18 hole renovation ~I~ 2000 Orchard Hills C.C. Private Dave Beck & Assoc. (Cor~st.) Mike Combs, Superintendent 360-835-8222 "/8 hole renovation 99-2K Inglewood C.C. Private Roger Gordan Tom McCarthy, Superintendent 425488-4117 18hole renovation,lake, D.R.,#18, green construction 1999 Bandon Dunes Golf Academy Public Troy Russell, Su@edntendent 541-347-5747 40 acre new construction 1999 Warm Springs Public Kuhn Associates Scott McGeon, Superintendent 208-343-5661 18 hole renovalion 1999 Hillcrest C.C. Private Kuhn Associates Kevin Hicks, Superintendent 208-343-6563 9 hole renovation 1999 Prairie Falls Golf Course Public Mark Rather Marcus Curry, Superintendent 208-659-4053 driving range complete const 110'2 North Springbrook Ed. S~i~ ~06 Newberg, (.Axion 9713~ Phone: (503) ~-18-3568 Fax; (.503) 538-~8{zl ~m~ www. milroygolf.c~m cxuc~ mil~' ~olf systems inc. 1999 Cour D' Alone Public Larry Rogers Design John Anderson, Superintendent 18 hole central s~'stem 1998 Hayden Lake Country Club Private R.R.I. Scott Shillington, S.uperintendent (208) 772-2430 18 hole established turf 1998 Echo Hills Golf Course Public Don Burns Irrigation Consultant Randy .S. purr, Manager (M1) 376-8244 9 hole established turf 1998 Baker City Golf Course Public Tim Collins, City of Baker (,541) 523-6541 9 hole new construclJon 1998 Bandon Dunes Golf Links Public A.S.Altum & Assoc. Mark Sheppard, Superintendent (54t) 347-4380 18 hole new consb'uctio~ 1998 Edge~eid (McMenamins) Public 18 hole new construclJon par 3 1998 Roseburg Country Club Pdvate Harry Yates Barry Adams, Superintendent (~_1,) 673-6298 18 hole established turf 1998 Shadow Hills Country Club Private Jim Bradshaw / Randy Marshall (5.41) 998-2365 1 hole established turf 1997 Alpine Meadows Public Harry Yates Randy Anderson I Jim Chestnut (541) 426-4180 9 hole established tud 1997 Astoria Counlry Club Private Kuhn Associates John Whisler. Superintendent (,503) 861-2637 ongoing established turf 1997 Black Butte Ranch G~aze Meadow Go~f Cour Public Jerry Kessle, Superintendent (541) 595-1284 New pumping system 1997 Coos Coun~ Club Private Dennis Olson (541) 267-6313 9 hole new construction 1997 Plateau Golf and Country Club Private Kuhn Associates Larry Miller, Project Manager (206) 557-7888 18 hole new construcl~on ~1~ 1997 Spring Hill Country Club Private Kuhn Associates Leonard Jacob, Superintendent (541) 928-7313 18 hole established turf 1997 (ph ii) Wenatchee Country Club Private 1993 (ph 1) Larry Farwell, Superintendent (509) .8.84-1238 18 hole established turf 1996 Arrowhead Country Club Private Harry Yates J.D. CladzJo, Superintendent (503) 829-4221 ongoing established turf North Sl~tiagbrook R~. ,SMite ~q6 Newberg, O~eg~3rt 9713~ Phone: (508) 588-8568 Fax: (503) ~t.as~ wv,~.milmygoff.com c~c~o 1996 Charbonneau Golf Course(3 phases) Public Kuhn Associates Mar,/Rock, Superintendent (503) 694-2361 27 hole established turf 1996 ~r~allis C~un~ Qub Private Site Design Doug Hubert Superintendent (503) 752-3089 18 hole established turf /lake const'uclion 1996 Crane Creek Counl~ C~ub Private {(uhn Associates Barry Beavers, General Manager (208) 344-6529 18 hole established turf 1998 Fakwood Country Club Private Kuhn Associates Craig Ha{l, Supe~inten(ient (206} 226-8585 18 hole established tuff 1996 Longv/ew Coun~ Club Private Kuhn Associates Ben Davis (360) 425-7690 9 hole established tu~f 1995 Black Butte Ranch Big Meadow Golf Coume Public Gus Johnson, Superintendent (503) 595-1286 18 hole established tuff 1995 OGA Member Course Phase II Public Kirk Kunddck (503) 981-9155 9 hole new construction 1995 Oswego Lake Coun~ Club Private Dick Ruter, Superintendent (503) 636-5115 ongoing established turf 1995 Salishan Golf Links Public Kuhn Associates Mat Sny~ler, Superintendent (503) 764-3652 18 hole established turf 1995 Sa,man Golf Club Public Tim Haifrnan, Superintendent (503) 769-2580 18 hole esta~shed turf 1994 Porlland Golf Club Private Lan',/Rogers Forest Goodling, Superintendent (503_) 292-5235 18 hole established turf 1994 Rock Creek Coun~ Club Private Paul Gabilis, Owner (503) 6~5-1115 9 hole established turf 1994 Spokane Country Club Pdvate Rick Robbins Eon Kuhns, Superintendent (509) 467-9223 18 hole established turf / lake construction 1993 Columbia Edgewater Private Lam/Rogers Bob Senceman, Superintendent (503) 285-8111 18 hole established turf t 10~ N<~rth S])ringbrook Hd. Suite/206 Newherg, Oregon 97132 Phoae: (503) 538-3568 Fax: (508) o~.,~ www, miiroygo]f.~om ~.~,~o~ AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: CALLOW BASIN PRIORITY 5 FOR AGENDA OF: March 28, 2001 IMPROVEMENTS, PROFESSIONAL SERVICES ORIGINATING DEPT: PW&U Engineering Div. AGREEMENT FOR CONSTRUCTION ORIGINATOR: Jennifer Strehler, City Engineer MANAGEMENT SERVICES WITH URS/O'BRIEN DATE SUBMITTED: March 12, 2001 KREITZBERG. 2. CLEARANCES: (comment on back/i~e~ s~)/_, 3. EXHIBITS Director, Public Works/Utilities tx b""" v~ --- .- ..~ ~ . J~'(City Attorney ~_.~~ A. Professional Services Agreement with City Treasurer --,~ ~...<j~--~~ URS/O'Brien Kreitzberg. Director, Purchasing Council Budget & Finance Committee ~ Operations Committee ENDORSEMENT ~ INFgRlVJATION APPROVED BY COUNCI[PRES~_~. ~..FO_~RS/UBMITTAL: MAYOR<.,~,.,,-, U, ~,/~/~--._ COUNCILPRESIDENT~.-.--'""~"""r'/~/~,..x_--.~.,--'-'~j, 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Based on an evaluation of qualified consultants the City has selected and negotiated a Professional Services Agreement with URS/O'Brien Kreitzberg to provide construction management services for construction of CSO improvements for the Callow Basin Priority 5. The Callow Basin Priority 5 storm separation project includes extensions of new storm sewer piping to intercept storm water that currently drains into the combined or sanitary sewer system and contributes to combined sewer overflows. The not-to-exceed amount of the agreement is $349,950.00. The request before the City Council is to approve an agreement for professional services with URS/O'Brien Kreitzberg. Staff recommends approval of the Agreement. 8. RECOMMENDATION: Move to approve a Professional Services Agreement with URS/O'Brien Kreitzberg to provide construction management services for construction of CSO improvements for the Callow Basin Priority 5, in an amount not to exceed $349,950.00, and authorize the Mayor to execute the same. 9. RESPONSIBLE OFFICIAL: City Engineer ENFORCEMENT OFFICIAL: N/A EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED A~~ COUNCIL DIRECTWE DATE: 11. AGENDA BILL NO: 0l - 07~ 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The City will be not be able to construct the improvements in the Callow Avenue Basin and will not meet the consent decree and order on consent established for this project. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: Sufficient funds are available to do this work through Washington State Public Works Trust Fund and U.S. EPA Grant funds. City staffwill administer and monitor the contract with URS/O'Brien Kreitzberg. 7. RESEARCH SOURCES Not Applicable. ab/Agenda Bills 2001/PSA Callow Pr 5 CM PROFESSIONAL SERVICES AGREEMENT URS Construction Services THIS AGREEMENT is between the City of Bremerton, a municipal corporation (hereinafter referred to as "City" and "Owner") and URS Corporation America (hereinafter referred to as "Consultant" and "URS Construction Services"). WITNESSETH: 1. SCOPE: Consultant agrees to provide Construction Management Services as described in the Scope of Work attached hereto and incorporated herein by this reference as Exhibit "A". 2. TERM: Contract shall commence on the date of this agreement and will terminate on December 31, 2003, unless otherwise extended by the City. The schedule for this work is attached hereto and incorporated herein by reference as Exhibit "C". 3. COMPENSATION: City shall pay Consultant compensation as follows: Total fees under this Agreement shall not exceed three hundred forty-nine thousand nine hundred fifty ($349,950) dollars. Charges for services shall conform to the fee schedule attached hereto and incorporated herein as Exhibit "B". Consultant shall submit regular statements describing the services rendered with a breakdown for work completed as authorized under this Agreement. The City, upon receipt of the completed statement, shall promptly process said claim for payment. If City objects to all or any portion of any invoice, City shall notify Consultant of the objection within fifteen (15) days from the date of receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. If City fails to pay Consultant within sixty (60) days of receipt of invoice, Consultant may suspend further performance until payments are current. Consultant will return to work on the Project only when the unpaid balance has been paid in full to Consultant. If City non-payment continues for a period of six (6) months or longer, Consultant reserves the right to terminate this Agreement and pursue all legal and equitable remedies to collect full payment from City. Additional services which may be requested by the City will be paid for by the City at the rates set forth in Exhibit B, which sum may exceed the "not to exceed" amount set forth above. However, said services will only be performed, and compensated by the City after the City has directed such performance in writing. 4. RELATIONSHIP OF PARTIES: The parties understand and agree that URS PROFESSIONAL SERVICES AGREEMENT -1- LIRS-CM PSA - 317/01 ab, Callow Basin Priority $CM l0 Construction Services is a firm skilled in matters pertaining to Construction Management and will perform independent functions and responsibilities in the area of its particular field of expertise. Consultant and its personnel shall act as independent contractors and not employees of the City. As such they have no authority to bind neither the City or control employees of the City, contractors, or other entities within the performance of these duties. Consultant shall work under the direction of the Director of Public Works & Utilities. 5. INDUSTRIAL INSURANCE: Consultant agrees to provide for State industrial insurance coverage for its personnel as required by State law. 6. LICENSE AND TAXES: Consultant shall possess a current Bremerton Business License and any regulatory license required to fulfill Consultant's obligations under this Agreement. B & O taxes shall be paid when due and Consultant, by this Agreement, assigns any payments due under this Agreement to the City Clerk for payment of such taxes that have been declared delinquent. 7. INSURANCE AND HOLD HARMLESS: Consultant shall provide professional liability or errors and omissions insurance of $1,000,000 per claim and comprehensive general liability insurance, including bodily injury and property damage, of at least $1,000,000 per occurrence. The City shall be named an additional insured on the comprehensive general liability insurance policy. Consultant shall, at all times, be responsible for the negligent or wrongful acts or failures to act of its personnel which occur or arise in any way out of the performance of this agreement. Consultant agrees to defend and indemnify and hold harmless the City, its appointed and elected officers, and employees, from and against any and all liability, loss, costs, damage, and expense, including costs and attorney fees in defense thereof, because of actions, claims or lawsuits for damages resulting from personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons, and on account of damage to property, to the extent arising out of the negligent performance of this Agreement, if such injuries to persons or damage to property is due to the negligence of the Consultant, its subcontractors, its agents or assigns. This provision shall be inapplicable to the extent such damage or injury is judicially found to be caused by the negligence of the City. The parties have specifically negotiated to provide that Consultant defend, hold harmless, and indemnify the City for all claims, damages, and losses, including attorneys fees, arising from any claims of Consultant's employees for injuries covered by Title 51 RCW, and for which Consultant could not be held directly liable. 8. GENERAL CONDITIONS: a. Reports and Information - Consultant, at such times and in such forms as the City may require, shall furnish the City such reasonable periodic reports and documents as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations PROFESSIONAL SERVICES AGREEMENT -2- ab, Callow Basin Priority 5 CM incurred or to be incurred in connection therewith, and any other matters covered by this Agreement. Consultant will maintain accounting records in accordance with generally accepted accounting principles and practices to substantiate all invoiced amounts. b. Entire Agreement - This Agreement constitutes the entire agreement between the parties and both parties acknowledge that there are no other agreements, written or oral, that have not been fully set forth in the text of this Agreement. There are attached hereto and incorporated by reference as part of this Agreement Exhibits "A, B, & C" c. Amendments - The parties hereby further agree that this Agreement cannot be amended or modified without the written concurrence of both parties. d. Notices - Any notices required to be given by the City to Consultant or by Consultant to the City shall be in writing and delivered to the parties at the following addresses: City Clerk URS Corporation America 239 Fourth St. Brian Russell Bremerton, WA 98337 650 Market Place Tower 2025 First Avenue Seattle, WA 98121-2100 e. Waiver - Failure to insist upon strict compliance with any terms, covenants or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be a waiver of any other breach. f. Compliance with State, Local and Federal Laws - Consultant agrees to comply with all applicable local, state and federal laws in performance of all services under this Agreement. g. Applicable Law; Venue - This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington and, in the event of dispute, the venue of any action brought hereunder shall be in Kitsap County Superior Court. h. Attorney Fees - The substantially prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorney's fees and court costs, including appeals, if any. 9. NONDISCRIMINATION: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status or disability, except employment actions based on a bona fide occupational qualification. 10. TERMINATION: This Agreement may be terminated by either party for convenience upon thirty (30) days' written notice to the other party, or for cause if either party fails substantially to perform through no fault of the other and does not commence correction within five (5) days of written notice and diligently completes the correction thereafter. Upon such termination, City will PROFESSIONAL SERVICES AGREEMENT -3- URS-CM PSA- 3MI01 ab, Callow Basin PriofiVy 5 CM be entitled to reports showing the status of all matters upon which Consultant is advising the City as of the effective date of termination. 11. STANDARD OF PERFORMANCE: The standard of care for all professional engineering and related services performed Or furnished by Consultant under this Agreement will be the care and skill ordinarily used by members of Consultant's profession practicing under the same or similar circumstances at the same time and in the same locality. 12. CONSTRUCTION PROCEDURES: Consultant's observation or monitoring of portions of the work performed under construction contracts shall not relieve the contractor from its responsibility for performing work in accordance with applicable contract documents. Consultant shall not control or have charge of, and shall not be responsible for, construction means, methods, techniques, sequences, procedures of construction, health or safety programs or precautions connected with the work and shall not manage, supervise, control or have charge of construction. Further, Consultant shall not be responsible for the acts or omissions of the contractor or other parties on the project. 13. RE-USE OF DOCUMENTS: All documents, including all reports, drawings, specifications, computer sof~ware or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk and without liability or legal exposure to Consultant, and City will defend, indemnify and hold harmless Consultant from all claims, damages, losses and expenses, including attorney's fees, arising or resulting therefrom. The format for documents and work products shall be as specified in the exhibits. 14. HAZARDOUS MATERIALS: City represents to Consultant that, to the best of its knowledge, no hazardous materials are present at the project site. However, in the event hazardous materials are known to be present, City represents that it has disclosed to Consultant the existence of all such hazardous materials, including but not limited to asbestos, PCB's, petroleum, hazardous waste, or radioactive material located at or near the project site, including type, quantity and location of such hazardous materials. It is acknowledged by both parties that Consultant's scope of services do not include services related in any way to hazardous materials. In the event Consultant or any other party encounters undisclosed hazardous materials, Consultant shall have the obligation to notify City and, to the extent required by law or regulation, the appropriate governmental officials, and Consultant may, at its option and without liability for consequential or any other damages to City, suspend performance of services on that portion of the project affected by hazardous materials until City: (i) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, abate, remediate, or remove the hazardous materials; and (ii) warrants that the project site is in full compliance with all applicable laws and regulations. City acknowledges that Consultant is performing professional services for City and that Consultant is not and shall not be required to become an "arranger," "operator," "generator," or "transporter" of hazardous materials, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1990 PROFESSIONAL SERVICES AGREEMENT -4- URS-CM PSA - 317/01 ab, Callow Basin Priority 5 CM (CERCLA), which are or may be encountered at or near the project site in connection with ' Consultant's services under this Agreement. If Consultant's services hereunder cannot be performed because of the existence of hazardous materials, Consultant shall be entitled to terminate this Agreement for cause on 30 days written notice. To the fullest extent permitted by law, City shall indemnify and hold harmless Consultant, its officers, directors, partners, employees, and subconsultants from and against all costs, losses, and damages (including but not limited to all fees and charges of Consultants, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from hazardous materials, provided that (i) any such cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or injury to or destruction of tangible property (other than completed Work), including the loss of use resulting therefrom, and (ii) nothing in this paragraph shall obligate City to indemnify any individual or entity from and against the consequences of that individual's or entity's negligence or misconduct. IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and year indicated. URS Corporation America Date: BY: THOMAS W. BISHOP, Executive Vice President CITY OF BREMERTON Date: BY: LYNN S. HORTON, Mayor DEPARTMENTAL APPROVAL: W. EUGENE SAMPLEY, Director of Public Works & Utilities APPROVED AS TO FORM: City Attorney Received For Filing: Kathleen L. McCluskey, City Clerk PROFESSIONAL SERVICES AGREEMENT -5- UILS-CM PSA - 317101 ab, Callow Basin Priority 5 CM EXHIBIT A CITY OF BREMERTON CONSTRUCTION MANAGEMENT SERVICES SCOPE OF WORK GENERAL DESCRIPTION The purpose of this Contract is for URS Construction Services a division of URS Corporation America to provide design and construction phase consultant services to the City of Bremerton Public Works & Utilities for the Callow Basin Priority 5 Storm Separation Project. Consultant to provide level of effort consistent with budget identified in Exhibit B and as identified by the following tasks: TASK 300 - PRECONSTRUCTION CONTRACT ADMINSTRATION 1. SPECIFIC ACTIVITIES SUBTASK 301 · Prepare construction management plan to include procedures, sample project forms, project documentation control system, and closeout checklist. · Coordinate review, evaluation and approval of construction management plan with City staffprior to issuance. · Prepare sample construction schedule using Primavera/SureTrak scheduling software. · Coordinate evaluation and approval of scheduling software with City staff. SUBTASK 302 · Participate in design review meetings and provide input on design issues and progress. · Support the City with as-requested assistance in the review and evaluation of the project design. · Review the work products prepared by the Designer. Provide a quality assurance check of the products. Comments shall be prepared by URS Construction Services and submitted to the City in accordance with the review schedule established by the City. · Provide constructability reviews at the 50% level of completion, drawing and specification review package. Provide quality assurance check at 90% level of completion, drawing and specification review package and general requirements for the construction bid documents. The constructability review and quality assurance review shall be prepared by URS Construction Services and submitted to the City. CiO, of Bremerton 1 Construction Management Services Prepare a pre-bid construction schedule at the 90% level of completion. · Provide review of the Bidding Documents, Division 0, and Division 1 of the construction contract documents. · Assistance to the City during the bid period shall be at the direction of the City's Project Manager and may include input on addenda issues, preparation for and attendance at prebid meeting, responding to bidders questions, review and evaluation of bidders, performance of reference checks, and assistance with contract award processing. 2. PRODUCTS SUBTASK 301 · Provide meeting agenda for review and evaluation of construction management plan and scheduling software. · Provide final construction management plan. SUBTASK 302 · Written comments of review for Bidding Documents, Division 0, and Division 1 of the construction contract documents. · Written comments ofconstructability review at 50% and 90% level of completion. · Pre-bid construction schedule in text format and electronic media. · Written minutes ofprebid meeting. TASK 510 - PROJECT MANAGEMENT/ADMINISTRATION 1. SPECIFIC ACTIVITIES · Implement project documentation system and tracking systems for submittals, RFIs, change orders, correspondence and project contacts. · Manage preconstruction planning activities including preconstruction conference, and assisting Contractor with development of schedule, review of critical time sensitive submittals, policies and procedures, and scope review. · Participate in coordination meetings with the Contractor, City staff, and consultants. Meetings will be scheduled in advance and shall occur on a regular basis. · Coordinate and track Contractor transmittal of submittals and Requests for Information, and report status at coordination meetings. Additional written comments to Contractor submittals and RFIs may be necessary to state the appropriate course of action to be taken. · Review monthly progress payments submitted by Contractor and transmit to the City for payment. · Prepare ongoing monthly status reports and invoices. Status reports to include comparison of budget cost of construction management work versus actual cost of construction management work performed for all activities associated with the Project, and identification of issues which have an impact on the project. City of Bremerton 2 Construction Management Ser~,ices · Coordinate construction activities and communicate with Washington State Department of Transportation (WSDOT) as needed for portions of the projects located within WSDOT Right-of-Ways. 2. PRODUCTS · Project documentation system and database. · Meeting agenda and minutes ofpreconstruction and coordination meetings. · Database reports of outstanding submittals, RFIs, and change orders for distribution at project meetings for discussion. · Monthly status reports of construction progress. TASK 520 - CONSTRUCTION CONTRACT ADMINISTRATION 1. SPECIFIC ACTIVITIES · Act as daily point of contact with the Contractor, and monitor progress quality and quantity of work on a daily bas. is. · Assemble all documentation required to issue changes to the contract. Prepare cost estimates, justification for change, prepare letters to Contractor issuing proposed change orders and requesting cost proposals, lead change order negotiations with the Contractor, prepare negotiation notes, prepare NTP letters and letters confirming negotiated prices. Prepare amendment to Contractor's contract for transmittal to the City. · Review specifications and drawing requirements. Maintain an up-to-date project manual. · Prepare and respond to all project correspondence. · Resolve day-to-day project issues, as well as design and contract issues with the engineer, contractor and owner. · Verify that Contractor maintains updated record drawings. · Maintain copy of all permits on site. · Monitor project construction costs (actual versus budget) and report monthly. · Review Contractor's baseline schedules. Maintain schedule updates and review and monitor Contractor's CPM schedule. Provide and maintain as- built schedules. 2. PRODUCTS · Written documentation pertaining to project issues. · Monthly report of project costs. · Schedule updates. · As-built schedules maintained at project office. · Written documentation and cost estimates for change orders. · Written comments, as needed, to Contractor's CPM schedule. · Written amendments to Contractor's contract reflecting cost changes. TASK 620 - TESTING SERVICES City of Bremerton 3 Construction Management Services 1. SPECIFIC ACTIVITIES , Manage the performance of quality control testing. Testing will be performed on an as-needed basis by an accredited' testing laboratory. Quality control testing services provided as part of the construction management contract shall include but is not limited to: a) Soil materials testing b) Proctor analysis and in-place density testing for backfill operations. c) Asphalt materials and in-place density testing. d) Concrete compression tests. 2. PRODUCTS · Written test results for all tests conducted. TASK 720 - INSPECTION SERVICES 1. SPECIFIC ACTIVITIES · Inspect work methods and products; verify compliance with project manual. · Inspect materials; verify compliance with project manual. · Inspect equipment; verify compliance with approved submittals and project manual. · Monitor material quantities installed by Contractor. · Monitor schedule process. · Point of contact for quality control testing services. · Prepare inspection correspondence, records and reports. · Conduct quality control meetings. · Verify permit compliance. · Develop punch lists. · Take, catalog and maintain construction progress photographs. 2. PRODUCTS · Daily inspection report on quality compliance. · Material quantity logs. · Startup and testing checklists. · Quality Control test reports. · Punch lists. · Construction photographs. TASK 730 - ADDITIONAL SERVICES 1. SPECIFIC ACTIVITIES · Specific activities are the same as those listed under Task 720 - Inspection Services. · This task is intended to provide additional as needed inspection services to the City of Bremerton's other projects in their Capital Improvement Project (CIP). City of Bremerton 4 Construction Management Se~a,ices · Funds will not be expended from this task budget without prior written authorization (i.e. Notice to Proceed) by the City. E-mail is considered suitable for authorization. 2. PRODUCTS · Products are the same as those listed under Task 720 - Inspection Services. TASK 900 - PROJECT CLOSEOUT 1. SPECIFIC ACTIVITIES · Conduct final inspection with City staff and Project Designer to establish final punch list. · Monitor and verify completion of punch list items and issue substantial completion to Contractor. , Verify submittal of specified warranties and coordinate warranty issues. · Coordinate transmittal of Contractor's record drawing information to the City. Transmit recommendation of final completion letter to the City. · Transmit all URS Construction Services maintained project files and documentation to the City at completion of the project. 2. PRODUCTS · Issuance of Letter of Substantial Completion with final punch list. , Transmit Contractor's record drawing information to the City. , Issuance of Final Completion letter to the City. · Transmit URS Construction Services maintained project files, project manual, construction photographs, correspondence, and etc. to the City. CIO/' of Bremerton 5 Construction Management SeN, ices EXHIBIT B CITY OF BREMERTON CONSTRUCTION MANAGEMENT SERVICES COMPENSATION Compensation for Consultant's services under this Contract shall be paid as follows for authorized services performed. Personnel Costs shall be at the hourly billing rates of the personnel listed herein and may be adjusted annually by the Consultant upon 30 days written notice to the City. For positions and other work not covered by the "billing rates" included herein, direct labor with a multiplier of 2.5 will be utilized to calculate total labor cost inclusive of overhead and profit. SubConsultant Costs shall be at their cost to Consultant plus 10%. Other Direct Costs shall be at their cost to Consultant plus 10% and are the actual expenses incurred directly or indirectly in connection with the project including, but not limited to, the following: 1. Travel expenses when traveling in connection with the project. Automobile transportation shall be reimbursable at the current rate published by the Internal Revenue Service. 2. Postage charges. 3. Telephone monthly charges; local and long distance. 4. Reproduction charges. 5. Office supply charges. 6. Sales tax, excise tax, or gross receipts tax that may be imposed on this Agreement. 7. Data processing software and hardware, pre-approved by the City. 8. Other direct costs related to the work. Monthly invoices shall be submitted to the City for work performed subsequent to work covered by all previously submitted invoices and shall be computed pursuant to the rates and limitations set forth above. The approximate distribution of costs with respect to the tasks are presented in Table B-1. Consultant may adjust the distribution of compensation between individual tasks of the work noted herein to be consistent with services actually rendered, but shall not exceed the total estimated compensation amount unless approved in writing by the City. No costs shall be charged to the budget identified in Table B-1 for Task 730 without written authorization from the City. City of Bremerton 1 Construction Management Services EXltlBIT B TABLE B-I Estimated :riod of performance ( April~ 1, 20OI- September, 16, 2002tr Labor Estimate Task 300: Preconstruction Task 510 ~Fask 520: Construction Task 720 !Task 730 Task 900 Totals Contract Administration Project Contract Administration Inspection Additional Contract I Management Services ~Services Closeout SubTask 301 SubTask 302 Project Mgmt Contract Admln. Project Controls Submittals Inspection Inspection Closeout Total Total Position Staff Rate Hours Anlounl Hours ~.OlOUllt Hours Amount Hours Anlount Hours [ Anlount Hours Amount Hours Amouut ltours Amount Hours Amonut Hours Amount Principal 3rian Russell 125.00 0 O 0 60 7,500 0 0 G 0 0 0 0 0 0 0 8 1,000 68 8,500 gesidentEngineer FloydBayless 79.00 40 3,160 I00 7,900 IOO 7,90~ 650 51,35{2 C 40 3,160 1150 90,850 0 0 160 12,640 2240 176,960 Resident Engineer Jeff Vaughu 79.00 0 0 0 0 0 {2 0 {2 0 C 01 0 O 0 0 O 0 0 0 0 Inspeclor Inspeclor 70.00 0 0 0 O O 0 O G 0 {2 0 0 520 36,4OC 715 50,050 O 0 1235 86,450 Project Controls dark Shehon 75.00 24 1,800! 24 1,800 50 3,750 0 0 50 3,750 0 0 0 0 0 {2 16 1,200 164 12,3OO Admiu Support Jane Kirk 58.00 80 4,64{2 2{2 1,160 650 37,700 0 0 0 0 0 0 0 0 0 {] 80 4,640 830 48,140 Soblolals 9,600 I0 860i 56,850 51,350 3,750 3,160 127,250 50,050 19,480 332,350 Subtotal Labor per task 9,600 10,860 56,850 58,260 127,250 50,050 19,480 Total Estimated Labor Costs I $ 332,350 ~ Other Direct Costs (Billed with Task 510) Item Rate !Estimated +10% Totals Cost C0nslmction PhotOgraphs $15.00 per 24 exposure roll, exposed & developed 900 90 990 Outside Reproduction At-Cost 500 50 550 TeJephoue AI-Cost 3,600 360 3,960 Prqiect Related Travel 34.5 centa per mile or current IRS allowable rate 2,415 242 2,657 At-cost all project related office supplies, references, Misc posta~ge, and other expenses. 3,585 359 3,944 Suh'°talsl I ll,0O0[ 1,1001 12,100 Total EstimatedODCs [ $ 12,100 [ ;ubConsultant Task 620 Testing Services and Services Finn Scope Estimated +10% Totals Cost Krazan & Assoc Quality Control Testing, incl but nol limited to 5,00C 50¢ 5,500 earthwork/soil activities/concrete breaks aud other tests as requested by CM Subt°tall I 5,0001 5001 5,500 Total Estimated SubConsulta,tt Costs I $ 5,soo I TOTAL ESTIMATED COMPENSATION 15349.9501 EXHIBIT C CITY OF BREMERTON CONSTRUCTION MANAGEMENT SERVICES PROJECT SCHEDULE The schedules for work conducted under this Agreement are listed herein. The Consultant understands that the City would like to issue the Callow Basin Priority 5 documents for bid in June of 2001 to enable construction to begin in the Summer of 2001, with completion of the Project in the Fall of 2002. The following milestones of this Project are intended to meet this schedule. Consultant Notice to Proceed April 1, 2001 Fifty (50) percent design to Consultant for review April 6, 2001 Consultant Review Comments of 50 Percent Submittal April 18, 2001 Ninety (90) Percent Design Review Submittal May 11, 2001 Consultant Review Comments of 90 Percent Submittal May 15, 2001 City Review Comments of 90 Percent Submittal May 16, 2001 Final Plans, Specifications and Bidding Documents May 25, 2001 Issue for Bids June 4, 2001 Pre-Bid Conference June 18, 2001 Bid Opening July 3, 2001 Contractor NTP July 16, 2001 Suspend Construction for Winter Shutdown October 31,2001 Winter Shutdown November 1, 2001 to February 28, 2002 Resume Construction Activity March 1, 2002 Project Substantial Completion August 5, 2002 Project Closed Out September 16, 2002 City of Bremerton 1 Construction Management Services AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: CALLOW BASIN PRIORITY 3 FOR AGENDA OF: March 28, 2001 IMPROVEMENTS, CSO PUMP STATION, ORIGINATING DEPT: PW&U Engineering Div. PROFESSIONAL SERVICES AGREEMENT FOR ORIGINATOR: Jennifer Strehler, City Engineer DESIGN SERVICES WITH MONTGOMERY DATE SUBMITTED: March 12, 2001 WATSON AMERICAS INC. 2. CLEARANCES: (comment on back//~f.~__~y)J ~y 3. EXHIBITS Director, Public Works/Utilities k' ~__,,,tT-~ -'-, ...- ~City Attorney l"5---"~)f--~ '~- -- A. Professional Services Agreement with City Treasurer ~-- . ~' ~~ Montgomery Watson Americas, Inc. Director, Purchasing ~.J,09.~-. Council Budget & Finance Committee Operations Committee ~ ENDORSEM_~F~ .X' ~INE.~OPI~TION APPROVED BY COUNC~.PRES~NT.,;.F..O~SUBMITTA~,2 MAYOR ~K./ g-d-'~ COUNCIL PRESIDEI'~' 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUIq'tCIL ACTION: Based on an evaluation of qualified consultants the City has selected and negotiated a Professional Services Agreement with Montgomery Watson Americas, Inc. to provide engineering services to design CSO improvements for the Callow Basin Priority 3 Pump Station and predesign services for a future storage facility. The Callow Basin Priority 3 Pump Station project includes design and construction of a new combined wastewater pump station "Callow CSO Pump Station" that will reduce combined sewer overflows. The not-to-exceed amount of the agreement is $264,613.00. The request before the City Council is to approve an agreement for professional services with Montgomery Watson Americas, Inc. Staff recommends approval of the Agreement. 8. RECOMMENDATION: Move to approve a professional services agreement with Montgomery Watson Americas, Inc. to provide engineering services to design CSO improvements for the Callow Basin Priority 3 Pump Station and predesign services for a future storage facility, in an amount not to exceed $264,613.00, and authorize the Mayor to execute the same. 9. RESPONSIBLE OFFICIAL: City Engineer ENFORCEMENT OFFICIAL: N/A EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED __ TABLED APPROVED DISAPPROVED AM~ED~i~_ COUNCIL DIRECTIVE DATE: 11. AGENDA BILL NO: O[ - 0'7,3 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The City will be not be able to construct the improvements in the Callow Avenue Basin, and will not meet the consent decree and order on consent established for this project. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: Sufficient funds are available to do this work through Washington State Public Works Trust Fund and U.S. EPA Grant funds. City staff will administer and monitor the contract with Montgomery Watson Americas, Inc. 7. RESEARCH SOURCES Not Applicable. ab/Agenda Bills 200I/PSA Callow Pr 3 Design PROFESSIONAL SERVICES AGREEMENT CITY OF BREMERTON - CALLOW AVENUE CSO PUMP STATION PREDESIGN, DESIGN, AND BID SUPPORT SERVICES Montgomery Watson Americas, Inc. THIS AGREEMENT is between the City of Bremerton, a municipal corporation (hereinafter referred to as "City" and "Owner") and Montgomery Watson Americas, Inc. (hereinafter referred to as "Consultant"). WITNES SETH: 1. SCOPE: Consultant agrees to provide engineering services for the predesign, design, and bid support services of the Callow Avenue CSO Pump Station, and predesign of the Callow Avenue Storage Structure, as further described in the Scope of Work, attached hereto and incorporated herein by this reference as Exhibit "A" (Scope of Work). The schedule for this work is attached hereto and incorporated by this reference as Exhibit "C" (Schedule). The quality and expected content of engineering design products produced by the Consultant for this work and delivered to the Owner is described in Minimum Requirements for Architectural Engineering Design Product Submittals, attached hereto and incorporated by this reference as Exhibit "D". 2. TERM: Contract shall commence on the date of this agreement and will terminate on December 31, 2002, unless otherwise extended by the City. 3. COMPENSATION: City shall pay Consultant compensation as follows: Total fees under this Agreement shall not exceed two hundred sixty four thousand, six hundred thirteen dollars. Charges for services shall conform to the fee schedule attached hereto and incorporated herein as Exhibit "B". Consultant shall submit regular statements describing the services rendered with a breakdown for work completed as authorized under this Agreement. The City, upon receipt of the completed statement, shall promptly process said claim for payment. Additional services which may be requested by the City will be paid for by the City at the rates set forth in Exhibit B, which sum may exceed the "not to exceed" amount set forth above. However, said services will only be performed, and compensated by the City after the City has directed such performance in writing. 4. RELATIONSHIP OF PARTIES: The parties understand and agree that Montgomery Watson Americas, Inc. is a firm skilled in matters pertaining to Civil Engineering and will perform independent functions and responsibilities in the area of its particular field of expertise. Consultant PROFESSIONAL SERVICES AGREEMENT -1- Montgomery Watson PSA - 2/27/01 ab, Callow Priority 3 CS0 PSA and its personnel shall act as independent contractors and not employees of the City. As such they have no authority to bind neither the City or control employees of the City, contractors, or other entities. Within the performance of these duties, Consultant shall work under the direction of the Director of Public Works & Utilities. 5. INDUSTRIAL INSURANCE: Consultant agrees to provide for State industrial insurance coverage for its personnel as required by State law. 6. LICENSE AND TAXES: Consultant shall possess a current Bremerton Business License and any regulatory license required to fulfill Consultant's obligations under this Agreement. B & O taxes shall be paid when due and Consultant, by this Agreement, assigns any payments due under this Agreement to the City Clerk for payment of such taxes that have been declared delinquent. 7. INSURANCE AND ItOLD HARMLESS: Consultant shall provide professional liability or errors and omissions insurance of $1,000,000 per claim and commercial general liability insurance, including bodily injury and property damage, of at least $1,000,000 per occurrence. The City shall be named an additional insured on the commercial general liability insurance policy. Consultant shall, at all times, be responsible for the negligent or wrongful acts or failures to act of its personnel which occur or arise in any way out of the performance of this agreement. Consultant agrees to defend and indemnify and hold harmless the City, its appointed and elected officers and employees, from and against any and all liability, loss, costs, damage, and expense, including costs and reasonable attorney fees in defense thereof, because of actions, claims or lawsuits for damages resulting fi'om personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons, and on account of damage to property, to the extent arising out of the negligent performance of this Agreement, if such injuries to persons or damage to property is due to the negligence of the Consultant, its subcontractors, its agents or assigns. This provision shall be inapplicable to the extent such damage or injury is caused by the negligence of the City. The parties have specifically negotiated to provide that Consultant defend, hold harmless, and indemnify the City for all claims, damages, and losses, including reasonable attorneys fees, arising from any claims of Consultant's employees for injuries covered by Title 51 RCW, and for which Consultant could not be held directly liable. 8. GENERAL CONDITIONS: a. Reports and Information - Consultant, at such times and in such forms as the City may require, shall furnish the City such reasonable periodic reports and documents as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Agreement. Consultant will maintain accounting records in accordance with generally accepted accounting PROFESSIONAL SERVICES AGREEMENT -2- Montgomery Watson PSA - 2/27/01 ab, Callow Priority 3 C$O PSA principles and practices to substantiate all invoiced amounts. b. Entire Agreement - This Agreement constitutes the entire agreement between the parties and both parties acknowledge that there are no other agreements, written or oral, that have not been fully set forth in the text of this Agreement. There are attached hereto and incorporated by reference as part of this Agreement Exhibits "A, B, C, and D". c. Amendments - The parties hereby further agree that this Agreement cannot be amended or modified without the written concurrence of both parties. d. Notices - Any notices required to be given by the City to Consultant or by Consultant to the City shall be in writing and delivered to the parties at the following addresses: City of Bremerton Montgomery Watson City Clerk 2375 - 130th Avenue NE, 239 Fourth St. Bellevue, WA 98005-1758 Bremerton, WA 98337 Attention: Mr. Pat Burke e. Waiver - Failure to insist upon strict compliance with any terms, covenants or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be a waiver of any other breach. f. Compliance with State, Local and Federal Laws - Consultant agrees to comply with all applicable local, state and federal laws in performance of all services under this Agreement. g. Applicable Law; Venue - This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington and, in the event of dispute, the venue of any action brought hereunder shall be in Kitsap County Superior Court. h. Attorney Fees - The substantially prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorney's fees and court costs, including appeals, if any. 9. NONDISCRIMINATION: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status or disability, except employment actions based on a bona fide occupational qualification. 10. TERMINATION: This Agreement may be terminated by either party for convenience upon thirty (30) days' written notice to the other party, or for cause if either party fails substantially to perform through no fault of the other and does not commence correction within five (5) days of written notice and diligently completes the correction thereafter. Upon such termination, City will be entitled to reports showing the status of all matters upon which Consultant is advising the City as of the effective date of termination. PROFESSIONAL SERVICES AGREEMENT -3- Montgomery Watson PSA - 2/27/01 ab, Callow Priority 3 CSO PSA 11. STANDARD OF PERFORMANCE: The standard of care for all professional engineering and related services performed or furnished by Consultant under this Agreement will be the care and skill ordinarily used by members of Consultant's profession practicing under the same or similar circumstances at the same time and in the same locality. 12. CONSTRUCTION PROCEDURES: Not Applicable (No construction procedures are directly associated with this project). 13. RE-USE OF DOCUMENTS: 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 property of the City. The format for documents and work products shall be as specified in the exhibits. 14. HAZARDOUS MATERIALS: City represents to Consultant that, to the best of its knowledge, no hazardous materials are present at the project site. However, in the event hazardous materials are known to be present, City represents that it has disclosed to Consultant the existence of all such hazardous materials, including but not limited to asbestos, PCB's, petroleum, hazardous waste, or radioactive material located at or near the project site, including type, quantity and location of such hazardous materials. It is acknowledged by both parties that Consultant's scope of services do not include services related in any way to hazardous materials. In the event Consultant or any other party encounters undisclosed hazardous materials, Consultant shall have the obligation to notify City and, to the extent required by law or regulation, the appropriate governmental officials, and Consultant may, at its option and without liability for consequential or any other damages to City, suspend performance of services on that portion of the project affected by hazardous materials until City: (i) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, abate, remediate, or remove the hazardous materials; and (ii) warrants that the project site is in full compliance with all applicable laws and regulations. City acknowledges that Consultant is performing professional services for City and that Consultant is not and shall not be required to become an "arranger," "operator," "generator," or "transporter" of hazardous materials, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1990 (CERCLA), which are or may be encountered at or near the project site in connection with Consultant's services under this Agreement. If Consultant's services hereunder cannot be performed because of the existence of hazardous materials, Consultant shall be entitled to terminate this Agreement for cause on 30 days written notice. To the fullest extent permitted by law, City shall indemnify and hold harmless Consultant, its officers, directors, partners, employees, and subconsultants from and against all costs, losses, and damages (including but not limited to all fees and charges of Consultants, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from hazardous materials, provided that (i) any such cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or injury to or destruction of tangible property (other than completed Work), including the PROFESSIONAL SERVICES AGREEMENT -4- Montgomery Watson PSA - 2/27/01 ab, Callow Priority 3 C$0 loss of use resulting therefrom, and (ii) nothing in this paragraph shall obligate City to indemnify any individual or entity from and against the consequences of that individual's or entity's negligence or . misconduct. IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and year indicated. MONTGOMERY WATSON AMERICAS, INC. Date: BY: CITY OF BREMERTON Date: BY: LYNN S. HORTON, Mayor DEPARTMENTAL APPROVAL: W. DIRECTOR OF PUBLIC WORKS & UTILITIES APPROVED AS TO FORM: City Attorney Received for Filing: Kathleen L. McCluskey, City Clerk PROFESSIONAL SERVICES AGREEMENT -5- Montgomery Watson PSA - 2/27/01 ab, Callow Priority 3 CSO ~SA EXHIBIT A SCOPE OF WORK CALLOW AVENUE CSO PUMP STATION PREDESIGN, DESIGN, AND BID SUPPORT SERVICES BACKGROUND AND GENERAL PROJECT DESCRIPTION: The Callow Avenue Basin CSO Pump Station consists of a 7,500 gpm wastewater pump station, and one each diversion structure and downstream level control structure on the existing 42-inch diameter Callow Avenue Basin Interceptor. The pump station is proposed to be located within the existing Callow Avenue right-of-way, near the intersection of Callow Avenue and Rodgers Street. Pump station capacity was established under the October 2000 City of Bremerton CSO Reduction Plan Update and through supplemental investigations undertaken by the City. The facility is anticipated to operate five times in a typical year. The City proposes that the pump station will be initially constructed without the storage structure described in the CSO Reduction Plan Update. The City will determine at a future date if storage and associated inlet/flow control structures should be designed and built. As such, the storage structure and associated inlet/control facilities will be considered in predesign but are excluded from final design. The pump station will normally operate as an automated, unstaffed facility and will have standby emergency power supply from an engine generator. The pump station will be provided with protective alarms and PLC modem telemetry connected to the City's SCADA system to facilitate unstaffed operation. After a CSO event, the pump station will require inspection and cleaning by City staff. The pump station will consist of a wet pit submersible pump installation with three or four pumps. At the City's request, the pump station wet well will be a precast concrete structure, appropriate to house the selected pumps. The wet well will be provided with a supply air fan and exhaust air duct. No odor control facilities are proposed; however, the wet well ventilation ductwork will be configured to facilitate future connection to an activated carbon scrubber. The 7,500 gpm pumping capacity will be available with one pump out of service. The pumps will discharge into the existing Crosstown Pipeline, an existing 30-inch diameter manifolded low-pressure forcemain, that will convey flow to the City's wastewater treatment plant. In addition to the main CSO pumps, the facility may include a small submersible pump to aid draining and cleaning following CSO events. Pump controls will include variable frequency drives with ultrasonic level measurement and depth proportional speed control by means of a PLC. Hard-wired float switches will provide backup in the event of PLC or level control system failure. The City intends to contract with another firm for instrumentation and control systems integration, PLC programming, screen design, and related tasks. EXHIBIT A, CALLOW AVENUE BASIN CSO PUMP STATION Page Soils in the project vicinity are reported to be suitable for slab on grade construction, without need for piles or other deep foundations. Deep foundations are therefore not anticipated in the scope of the design. The pump station will not include a building. Electrical and instrumentation appurtenances will be enclosed in a weatherproof prefabricated metal enclosure. The engine generator will be moUnted in a weatherproof metal enclosure furnished as part of the engine generator equipment package. The surrounding areas adjacent to the pump station will be finished with pavement, gravel, or bark surfacing as appropriate. No landscape restoration is proposed under tl'fis project. Stormwater management will rely on existing stormwater collection facilities in the area. No stormwater detention or treatment is proposed as part of this project. System hydraulic controls will include a Level Control Structure and a Diversion Structure. The Level Control Structure will consist of a gate (float actuated Grande Novak type or motorized gate with level controller system) located downstream of the pump station that will throttle the Callow Avenue Basin Interceptor flow to cause in-line storage in response to a rising downstream water surface. The Level Control Structure will be located in the vicinity of Callow Avenue at Farragut Avenue. The Diversion Structure will route excess flows from the Callow Avenue Basin Interceptor into the pump station after in-hne storage has reached a predetermined elevation. The Diversion Structure will consist of a gate or weir structure. The Diversion Structure will be located adjacent to the pump station site. The project will be bid as a single construction contract. A. SCOPE OF WORK The intent of this contract is to provide engineering services for predesign, final design and construction assistance of the Callow Avenue CSO Pump Station project. The Scope of Work for construction assistance tasks will be developed during design, when the anticipated level of assistance is further established. The Consultant intends to accomplish the tasks defined by this scope within the total project budget cost indicated but shall not be bound to individual task budget costs. TASK 1 - PROJECT MANAGEMENT Includes ongoing management, administration, and coordination of consultant and subconsultant activities, directing the work, preparing monthly invoices, monitoring schedule and budget and making staff assignments to maintain the project schedule. Task 1.1 Project Plan and Initiation Workshop The consultant will prepare a brief Project Plan that includes the following elements: Project team directory and contact information; Scope of Work; matrix depicting the individual work elements and responsible parties; design schedule showing critical milestones, meetings, and EXHIBIT A, CALLOW AVENUE BASIN CSO PUMP STATION Page 2 deliverables; quality assurance summary; and invoicing requirements. The Project Plan will be updated if required by changes in project schedule or scope of work. The consultant will conduct a project initiation workshop to introduce all key team members to the City and to discuss execution of the project. The meeting will be attended by the City's CSO program consultant (HDR), the street design consultant (Parametrix) and representatives of Kitsap Transit and Puget Sound Naval Shipyard to facilitate sharing of background project information. Task 1.2 Contract Administration, Invoices, Progress Tracking The Consultant will manage and coordinate work performed by subconsultant firms. The Consultant will prepare monthly invoices that document costs by task and provide supporting documentation as required by the Agreement. Invoices will include a task level summary of previous cost, current period cost, total cost to date, budget remaining, and percent expended for each task. The invoices will be accompanied by brief monthly reports that summarize the status of major work activities by task, schedule, and budgeted costs versus actual expenditures. Assumptions The scope and cost of the Project Management task is based on a 9 month duration for predesign, design, and bidding, as listed under Project Schedule. Deliverables 1. Project Plan and updates (3 copies each). 2. Design Schedule and updates (3 copies each). 3. 9 Monthly Reports and Invoices (1 copy each). 4. Project Initiation Workshop meeting minutes (1 copy and electronic distribution) TASK 2 - PROJECT INITIATION Initiate data gathering and investigation activities that are necessary for developing the Predesign Report and Contract Documents. Task 2.1 Survey and Mapping Survey and mapping work are to be performed by the City. The Consultant will define the required topographic survey and utility locating needs and electronic file formats to assist the survey effort. Assumptions 1. City furnished base maps will show the following features: Existing underground and overhead utilities, utility poles, right-of-way and easement lines; curb and gutter, sidewalks, street signs, pavement, path, and driveway limits; frontage of buildings and structures; fences, mail boxes, catch basins, culverts, and drainage ditches, size and EXHIBIT A, CALLOW AVENUE BASIN CSO PUMP STATION Page 3 3;/. invert elevation for existing gravity pipelines, manholes, water meter boxes, valve boxes and utility vault covers; and trees over 8-inch diameter. In addition, delineation of future roadway will be shown. Where questions exist on the location or depth of existing underground utilities, the City will perform potholing work to verify location or depth. Deliverables 1. Memorandum summarizing survey requirements. Task 2.2 Geotechnical Investigation The Consultant will retain GeoEngineers to complete a geotechnical investigation. Geoteclmical investigation will involve the following activities: 1. Review existing background geotechnical data 2. Perform geotechnical borings (including utility locate service contacts and traffic ~ control), consisting of one boring completed to a depth of approximately 50 feet at pump station site and three borings completed to depths of approximately 25 feet along the proposed storage structure. If groundwater is encountered during borings, two borings will be developed as piezometers. 3. Perform laboratory analyses on samples collected from borings to characterize soil moisture, density, particle size distribution, and Atterberg limits. 4. Prepare geotechnical report summarizing recommendations for sloping and shoring of excavations; lateral and bearing pressures; backfill and compaction; design groundwater elevation and dewatering considerations. Assumptions 1. The City will furnish any permits or approvals necessary for geotechnical borings within 7 days of receipt of sketch showing proposed boring locations. Deliverables 1. Geotechnical Report, six copies to be furnished to the City Task 2.3 Data Research and Field Inspections The Consultant will review available documents depicting existing conditions including: geotechnical reports, utility mapping, surveys and maps (topographic, planimetric, aerial, etc.), right-of-way and property ownership (including easements). Review documents depicting proposed future roadway conditions including: demolition and removal, utility relocations, new roadway improvements, Kitsap Transit improvements, street signage and surface drainage modifications. EXHIBIT A, CALLOW AVENUE BASIN CSO PUMP STATION Page 4 Obtain all available record drawings and information that characterizes the existing Crosstown pipeline as needed to conduct a hydraulic transient (surge) analysis. Information about pipeline profile elevations, pipe materials, joint types, operating pressures, existing and proposed flows, connecting pipes, appurtenances etc. are needed. Assumptions 1. The City will provide background data on existing utilities and improvements, and will assist with obtaining data from other agencies (Kitsap Transit, U.S. Navy, etc.). 2. 8 hours are allocated to conduct research with the City to compile record information for the Crosstown pipeline for the surge analysis. TASK 3 - PREDESIGN The Predesign Report will compile the information assembled in Task 2 - Project Initiation, develop project design criteria, and present a recommended design configuration for the CSO pump station and associated control and diversion structures. Preliminary design drawings will be provided to illustrate concepts and layouts. A preliminary design cost estimate will be developed under this task. Task 3.1 Predesign Workshops Consultant will conduct the following meetings with the City as part of the predesign process: 1). Introductory design workshop to review proposed design criteria and preliminary pump station layouts; 2). One meeting with City operations staff to determine design preferences and to address O&M issues; 3). One predesign summary workshop to present the findings and recommendations of the predesign and to solicit comments on same. Meetings will be attended by City's project manager, operations staff, and other City staff as appropriate. Task 3.2 Predesign Technical Memoranda Predesign will involve the development of Technical Memoranda on the following subjects to define the pump station project: 1. Design criteria consisting of: a) Design flows and performance requirements for pumping equipment, b) Summary of design code requirements ("code search") that impact pump station configuration (Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, Uniform Mechanical Code, Washington State Energy Code, National Electric Code, local noise ordinances, and NFPA 820. 2. Hydraulic design evaluations consisting of: a) Analysis of the flow and level control strategy utilizing ir~line storage with diversion of excess flows to the pump station, b) Conceptual steady state hydraulic profile for proposed storage structure, based on controlling water surface profile assumptions developed working in conjunction with City c) Pumping system hydraulics will be evaluated for defined storm inflow scenarios, EXHIBIT A, CALLOW AVENUE BASIN CSO PUMP STATION Page 5 3¢ verifying the functional benefit of variable speed pump drives, d) A hydraulic transient (surge) analysis will be performed on the Crosstown Pipeline to establish acceptable operating conditions and evaluate the need for surge protection. 3. Instrumentation, and control system strategy will be defined through process and instrumentation diagrams (P&IDs) and written control strategies. 4. Preliminary construction sequencing and constraints and proposed construction schedule. 5. Conceptual layout for off-line storage facility, providing storage volume identified in City's CSO Reduction Plan Update, identifying proposed inverts and crown elevations developed in conceptual hydraulic profile. Storage would be constructed of precast concrete elements. Task 3.3 Predesign Report Consultant will prepare a draft Predesign Report consisting of a brief summary memorandum (anticipated length of 3 to 5 pages), preliminary cost estimate; 20 percent drawings, outline specifications and a compendium of Technical Memoranda summarizing the analyses performed under Task 3.2. The Predesign Report will include a table of contents for the specifications and standard specifications for major equipment items such as wastewater pumps, variable frequency drives, and engine generator set. The Predesign Report will be revised in response to City review comments. The Final Predesign Report will provide definition of the project for final design and will constitute a design freeze. After completion of the Final Predesign Report, requested changes in facility and equipment layouts and configurations; basic functions, utilities and amenities; system capacities; number of equipment units; or operation and control strategies may require an adjustment of the consultant's design fee. Assumptions 1. The City of Bremerton will provide the following information: · Equipment and product preferences, including instrumentation and control strategies, engine generator requirements, and wastewater pumps. Flow, hydrograph, and water surface profile information for the Callow Avenue Basin InterCeptor and other pipelines affected by the project. 2. 20 percent drawings will be presented in 11-by 17-inch format, hard copy only. Deliverables 1. Meeting notes. 2. Draft Predesign Report, accompanied by 20 percent drawings of pipeline and pump station facilities (five copies). 3. Final Predesign Report, accompanied by 20 percent drawings of pipeline and pump station facilities (five copies). EXHIBIT A, CALLOW AVENUE BASIN CSO PUMP STATION Page 6 TASK 4 - FINAL DESIGN Based on the project definition developed in the Final Predesign Report. The consultant will prepare 50 percent, 90 percent and 100 percent construction plans and specifications. Submittal · contents will be in accordance with Exhibit D of this Agreement. Task 4.1 Final Design Workshops · The Consultant will conduct design review workshops with the City to present the 50 percent and 90 percent design documents and to receive comments on same. Workshops will be attended by City's project manager, operations staff, and other City staff as appropriate. Task 4.2 Drawings and Specifications Drawings will be organized into separate design disciplines. A list of the drawings anticipated for the project is included as part of this Exhibit. The specifications will consist of a single volume in CSI format. Task 4.3 Construction Cost Estimate Consultant will prepare an engineer's estimate of the construction cost for the project. The. estimate will be updated with the 50 and 90 percent design submittals. Bid contingencies will be developed working jointly with the City. Task 4.4 Pre-Bid Meeting One representative of the Consultant's design team will attend the Pre-Bid Meeting to review the proposed project with bidders and to respond to bidder's questions. Task 4.5 Address Bid Questions and Prepare Addenda Consultant will provide written clarification of the design documents and/or prepare addenda during the bid period, as requested by the City. Assumptions 1. City and Consultant will utilize Engineers Joint Contract Documents Committee (EJCDC) edition for Division 0 specifications. 2. The Consultant's standard technical specifications and details will be used whenever applicable. Consultant's standard specifications and details will be modified to meet project-specific conditions where required. 3. Pump station and all associated structures and piping will be bid under a single lump sum construction contract. 4. Bidding will be completed within a single period not to exceed 30 days. 5. The City will maintain a planholders list. EXHIBIT A, CALLOW AVENUE BASIN CSO PUMP STATION Page 7 6. City will receive bid questions in written .or facsimile format, and will provide duplicate facsimile copies to the Consultant for response. 7. Consultant will respond only to bid comments or questions related to Consultant's scope of work (i.e., City will be responsible for questions related to Division 0 specifications, City-issued permits, City standard details and specifications, etc.). Deliverables 1. 50 percent, 90 percent and 100 percent drawings and specifications. 30 percent, 60 percent and 90 percent plans will be submitted as bound 11 by 17-inch photocopies. 100 percent plans will be submitted as 22 by 34-inch reproducible paper copies and digital scanned files for reproduction by the City. 50 percent, and 90 percent plans and specifications will be submitted as bound documents. 100 percent plans and specifications will be submitted as unbound master copies for reproduction. 2. Autocad 2000 (or later) electronic files of 100 percent drawings. 3. Microsoft Word 2000 electronic files of specifications. 4. Design phase meeting notes (1 copy and electronic distribution). 5. Addenda 6. Pre-Bid Meeting notes (1 copy and electronic distribution) TASK 5 - PERMITTING SUPPORT The City is the designated SEPA Lead Agency and will obtain required construction permits and approvals. The City will determine and conduct the appropriate environmental review; issue a project SEPA Threshold Determination; and release required notices and documents. Consultant will provide limited support services to the permitting process, as follows: Task $.1 SEPA Support The consultant will provide support services to assist the City's preparation of a SEPA Checklist document, related to defining existing environmental conditions; identifying potential adverse effects upon the environment; identifying construction impacts such as truck traffic and noise issues; developing mitigation measures. An allowance of 8 hours of engineering staff time is allocated to this Task. Task 5.2 Construction Permit Support The City will identify and obtain required permits and approvals, and will advise the Consultant of any resultant constraints or impacts to the design. The Consultant, as directed by the City, will prepare draft text for selected portions of permit applications. The Consultant will assist the City in responding to comments fi.om permitting agencies. An allowance of 16 hours of engineering staff time is allocated to this Task. EXHIBIT A, CALLOW AVENUE BASIN CSO PUMP STATION · Page 8 Assumptions 1. Environmental review will involve a single SEPA checklist, which will be prepared by the City. 2. Consultant will be given a minimum of one-week advance notice to prepare necessary materials. Deliverables 1. Memoranda and other work products supporting the permitting process. TASK 6 - QUALITY ASSURANCE AND QUALITY CONTROL This Task includes activities to assure the quality of all work performed under the contract, including checking, coordinating, and interfacing activities and deliverables. Prior to submittal, all Consultant work products will undergo internal review to ensure that they are complete and of consistent quality and presentation. Work products will include statements of assumptions, regulation interpretations, descriptions of methodologies, calculations, rationale supporting alternative selection, and meeting and conversation records, to document and support the basis of decisions. The Consultant will conduct a quality assurance reviews on Predesign, 60 percent, 90 percent, and 100 percent submittals. Assumptions 1. City review comments will be received in accordance with dates established in project schedule. 2. City will designate a project review team. The review team is anticipated to include the Project Manager and personnel representing operations, electrical/instrumentation and controls, and/or other personnel as appropriate. Deliverables 1. Tabulation of City review comments and summary of resolutions. TASK 7 - CONSTRUCTION MANAGEMENT ASSISTANCE Specific scope and budget for this task will be determined during design. TASK 8 - CONTINGENCY SCOPE This task is intended to provide a reserved budget allowances for unanticipated design activities. It is understood that the Consultant must obtain prior authorization to utilize the contingency budget. Scope of services and budget for individual tasks requested, will be defined at the time of written authorization. A budget allowance of $25,000 is established for this task. EXHIBIT A, CALLOW AVENUE BASIN C$O PUMP STATION Page 9 B. SERVICES PROVIDED BY THE CITY 1. Site access. 2. Drawings of Crosstown Pipeline and existing underground utilities in project area. 3. Flow data and hydrographs for Crosstown Pipeline and Callow Avenue basin Interceptor. 4. Project survey, mapping and utility locating work. 5. Timely review of predesign and design submittals, in accordance with dates established in the Project Schedule. City review shall be presented as a single comment set, organized by drawing and specification number. 6. Permits, approvals, SEPA process, and easement acquisition 7. Payment of all permitting, regulatory approval and site acquisition fees. 8. Interface with Kitsap Transit and U.S. Navy. 9. Department of Ecology interface and approvals. 10. Bid advertisement, administration, and evaluation, including services of legal counsel if required. 11. Reproduction and distribution of bid documents and addenda. C. ANTICIPATED LIST OF DRAWINGS (Reference Table A-l, following page) EXHIBIT A, CALLOW AVENUE BASIN CSO PUMP STATION Page 10 TABLE A-1 ANTICIPATED LIST OF DRAWINGS General -- Cover G 1 Location Map, Vicinity Map and Drawing Index G 2 Design Criteria and Equipt Schedule G 3 Symbols G 4 Abbreviations Civil C 1 General Civil Details 1 C 2 Site Notes, Easements, Geotech Borings, Construction Stormwater Mgt C 3 Site Piping/Grading/Paving Plan C 4 Crosstown Pipeline Connection Plan and Details C 5 Callow Basin Interceptor Control and Diversion Structures C 6 Callow Ave Sewer Relocation, Plan and Profile Mechanical M 1 Piping Schedule M 2 Mechanical Details 1 M 3 Wet Well Plan and Sections M 4 Standby Engine Generator, Details M 5 Callow Basin Interceptor Control Structure Plan/Section M 6 Callow Basin Interceptor Diversion Structure Plan/Section Instrumentation I 1 Process and Instrumentation Legend I 2 SCADA Block Diagram I 3 Process & Instrumentation Diagram Electrical E 1 Electrical Symbols and Abbreviations E 2 Electircal One Line Diagram and Demand Call E 3 Pump Station: Power/Controls Plans and Schedule E 4 Control Structure: PoweflControls Plans and Schedule E 5 Panel Elevations and Schedule E 6 Control Wiring Diagrams 1 E 7 Control Wiring Diagrams 2 E 8 Telemetry Wiring Diagram EXHIBIT A, CALLOW AVENUE BASIN CSO PUMP STATION Page 11 EXHIBIT B CITY OF BREMERTON CALLOW AVENUE CSO PUMP STATION COMPENSATION Compensation for Consultant's services under this Contract shall be on a Cost Plus Fixed Fee basis but not to exceed the Total Price. The sum of Cost and Fixed Fee shall be the compensation for the Scope of Services. The estimated staff hours budget for this project is as shown in Table B-1. Cost shall include Direct Labor Cost, Indirect Costs, and Reimbursable Expenses. Cost shall be an amount equal to Direct Labor Cost times a factor of 2.94 plus Reimbursable Expenses. Direct Labor Cost shall mean salaries and wages, (basic and overtime) paid to all personnel for time worked directly on the project. Indirect Costs shall include overhead, taxes and other indirect project administrative costs. Fixed Fee shall mean a fixed amount of fee that is added to the Cost. The Fixed Fee for all tasks included in the Scope of Services shall be at a rate of twelve percent (12%) on the additional work Cost excluding Reimbursable Expenses. The Cost may vary, but the Fixed Fee shall remain the same provided the Scope of Services does not change. The fixed fee will be prorated and paid monthly in proportion to the project work satisfactorily completed. A payment for an individual month shall include that portion of the fixed fee allocable to the project work satisfactorily completed during the month and not previously paid (e.g. pro-rated in accordance with the amount spent-to-date). Any portion of the fixed fee not previously paid in the monthly payments shall be included in the final payment. Compensation Schedule Reimbursable Expenses shall mean the actual expenses incurred directly or indirectly in connection with the project for transportation travel, subconsultants, subcontractors, computer usage, telephone, fax, shipping and express, and other incurred expense. Charges for reimbursable expenses incurred by the Consultant will be at the following rates as shown in Table B-2. The amount of any sales tax, excise tax, or gross receipts tax that may be imposed on this Agreement shall be added to the Consultant's compensation as Reimbursable Expenses. City of Bremerton 1 Table B-2. Reimbursable Expense Charges Item Billing Rate Travel Mileage at 32.0 cents per mile or the current Internal Revenue Service (IRS) allowable rate for business use of an automobile Other travel expenses at cost Associated $8.91 per hour Proj'ect Costs (APG)~ Computer CADD ~ $15 per hour 1. Associated project costs include telecommunications, FAX transmittals, in-house reproduction and pletting, postage, and computer (PC). Monthly invoices shall be submitted to the City for work performed subsequent to work covered by all previously submitted invoices and shall be computed pursuant to the rates and limitations set forth above. The labor rates listed herein are representative of the actual rates that might apply during the term of this Agreement. Billings will be based on the individual labor rates current at the time the services being billed for were performed. Labor rates are subject to change without notice. Montgomery Watson Americas, Inc. will notify the City of labor rate changes 30 days before submitting an affected invoice. Labor rate changes shall not alter the stipulated "not to exceed" amount or fixed fee. The overhead rate shall be fixed for the term of this Agreement. City of Bremerton 2 EXHIBIT B - TABLE B-1 Individual Subconsultants Totals By Task GeoEngineers TOTAL TOTAL Discipline Total Total ODCs Casne DOCs COST Geotechnical Classification Hours Labor Cost $ Electrical I&C TASK I PROJECT MANAGEMENT 1.1 Project Plan and Inflation Workshop 30 $3,528 $50 $50 $3,845 1.2 Contract Admin, Invoices, Progress Tracking 135 $9,225 $300 $300 $10,728 SUBTOTAL - TASK 1 165 $12,153 $350 $0 $350 $14,574 TASK 2 PROJECT INITIATION 2,1 Survey and Mapping 4 $448 $0 $484 2.2 Geotechnical Investigation 6 $738 $16,532 $16,532 $17,323 2.3 Data Research and Field Investigations 42 $3,858 $150 $150 $4,382 SUBTOTAL - TASK 2 52 $5,044 $150 $16,532 $16,682 $22,189 TASK 3 PREDESIGN 3.1 Predesign WorkshOps 48 $6,168 $61 $61 $6,657 3.2 Predesign Technical Memoranda 0 $0 $0 $0 1. Design Criteria 16 $1,924 $0 $2,067 2. Hydraulic Design and Surge Evaluation 116 $11,628 $0 $12,662 3. Instrumentation and Control 32 $4,112 $11,305 $11,305 $15,702 4. Constr Sequence, Constraints, Schedule 28 $3,268 $0 $3,518 5. Storage Analysis 48 $4,528 $0 $4,956 3.3 Predesign Report and Drawings 226 $22,213 $200 $200 $25,267 SUBTOTAL - TASK 3 514 $53,841 $261 $11,305 $11,566 $70,828 Exhibit B Table B-1 Page 1 of 2 TASK4 FINAL DESIGN 4.1 Final Design Workshops 32 $4,112 $100 $100 $4,497 4.2 Drawings and Specifications 688 $66,936 $500 $20,733 $21,233 $97,633 4.3 Construction Cost Estimate 70 $6,518 $01 $7,142 4.4 Pm-Bid Meeting 6 $672 $50 $501 $775 4.5 Bid Questions and Addenda 48 $4,024 $50 $50 $4,502 SUBTOTAL - TASK 4 844 $82,262 $700 $20,733 $21,433 $114,549 TASK 5 PERMITTING 5.1 SEPA Support 8 $896 $50 $50 $1,017 5.2 Construction Permit Support 24 $2,248 $50 $50 $2,512 SUBTOTAL. TASK 5 32 $3,144 $100 $0 $100 $3,5,29 TASK6 QUALIT~ ASSURANCE / QUALITY COI~,ROL Total Task 96 $13,088 $0 $13,944 SUBTOTAL - TASK 6 96 $13,088 $0 $0 $0 $13,944 TASK 7 CONSTRUCTION MANAGEMENT ASSISTANCE SUBTOTAL. TASK 7 0 $0 $0 $0 $0 $0 TASK 8 CONTINGENCY Tasks to be Defined 228 $22,720 $248 $0 $248 $25,000 SUBTOTAL. TASK 8 228 $22,720 $248 $0 ~ $248 $25,000 TOTAL 1,931 $192,852 $1,809 $48,570 $50,379 $264,613 Exhibit B Table B-1 Page 2 of 2 EXHIBIT C SCHEDULE CALLOW AVENUE CSO PUMP STATION PREDESIGN, DESIGN, AND BID SUPPORT SERVICES ACTIVITY COMPLETION DATE City provide Notice to Proceed to Consultant April 2, 2001 Project initiation workshop April 16, 2001 City furnish topographic survey to Consultant April 30, 2001 Complete geotechnical investigation May 14, 2001 Predesign submittal/20 percent drawings June 15, 2001 City submit review comments on predesign June 29, 2001 submittal/20 percent drawings 50 percent design submittal July 27, 2001 City submit review comments on 50 percent August 10, 2001 design submittal 90 percent design submittal September 21,2001 City submit review comments on 90 percent October 5, 2001 design submittal 100 percent design submittal October 19, 2001 Document reproduction October 25, 2001 Begin construction bidding October 26, 2001 EXHIBIT C, CALLOW AVENUE BASIN CSO PUMP STATION · Page I EXHIBIT D MINIMUM REQUIREMENTS FOR ARCHITECTURAL AND ENGINEERING DESIGN PRODUCT SUBMITTALS City of Bremerton _ Department of Public Works and Utilities Minimum Requirements for Architectural & Engineering Design Product Submittals 1. INTRODUCTION Quality control reviews are necessary and essential at the milestones indicated. These reviews provide a mechanism to demonstrate and verify that services and work meet the predetermined established standards and requirements. The follo3ving table is a summary of document expectations at project submittal milestones of 30%, 60% and 90%. The table is intended to be a guide and it is understood that each project may have requirements that result in variations from the requirements shown. Specifically the project size, location, permitting requirements and complexity may result in variations of the format indicated. Additionally, the Washington State Department of Ecology has established general recommendations for plans and specifications in Chapter Gl-4 of the "Criteria for Sewage Works Design" (the Orange Book) and the Washington Administrative Code (WAC) has established requirements for plans and specifications in WAC 173-240-070. Both of these sources should be referenced during preparation and review. However, the information included on the attached table is typical of most projects and therefore can be used to establish project progress at the milestones indicated. The table indicates generally the level of completion required at each submittal milestone with the following designations: D - indicates the item is required in a draft form; E - indicates the item is to be essentially complete. These designations are general and a further description of the expected level of completion at each submittal milestone follows the table. At all levels of design, drawings must be prepared in accordance to the City's standards for drafting (e.g. software version, layering, title block, etc. The Project Manager should PrOvide the Consultant with the latest drafting standards at the beginning of the project. EXHIBIT D, CALLOW AVENUE BASIN CSO PUMP STATION Page 1 REQUIREMENTS OF LEVEL OF DESIGN 30% 50% 60% 90% General Drawings Title Sheet D E E E Location and Vicinity Map D E E E Drawing Index D D E E General Symbols and Legends D E E E Abbreviations D E E E Design Data and Criteria (i.e. - Hydraulic Profiles, Process Flow Diagrams ) D E E E Key Map D E E E Civil/Sitework Drawings Existing Site and Utility Plans D E E E Revised Site and Utility Plans D D D E Revised Site Grading D D E Site Utilities - Plans & Profiles D D D E Pipeline Alignment Plans & Profiles D D D E Sedimentation & Erosion Control Plan E Civil Details D D E Landscaping Drawings Co~nceptual landscaping - Plan :. D D E Architectural Drawings Buildings - Plan, Elevations, and Sections D D D E Structural D'raWings Foundation - Plans and Sections D D E E Buildings- Plans, Sections, and Details D D D E Below .grade structures - Plan and Section D D D E Mechanical Drawings Major Equipment and Piping Layout - Plans, Sections, and Details D D D E HVAC/Plumbing Plans and Sections D D D E HVAC Schedules and Schematics D E Electrical DraWings .... One Line D!agrams D D D E Site Electrical - Plan D D D E Power Plans,, Control Diagrams, and Schedules D D E Lighting Plans and Reflective C.e..iling Plans, D E Major Equipment (i.e. - MCCs, SUbstations, Transfer S~vitches, etc.) Layout / D D D E Electrical Room Plans D - Draft; E - complete EXHIBIT D, CALLOW AVENUE BASIN CSO PUMP STATION Page 2 REQUIREMENTS OF LEVEL OF DESIGN 30% 50% 60% 90% Instrumentation Drawings Process and Instrumentation Diagrams D D D E Control panel layouts and details D D E Telemetry schematics and design ' D D E Riser diagrams D E Specifications Table of Contents D E E E First draft of Specialty Specifications (e.g. major equipt.) D D E E Major equipment selection in Products sections. D D E Major material selections completed (pipe, coatings, concrete, etc.) D D E General requirements: (Sequence, constraints, work scope, asbestos D D E determination, etc) Memorandum on recommended modifications to General Conditions D E Other Submittal Items Basis of Design Technical Memorandum D E E E Ge_otechnical interpretive report (GIR) D E E E Geotechnical data report (GDR) D E E E Geotechnical baseline report (GBR) D Level I Environmental Assessment E Level II Environmental Assessment (if required) E E Equipment & Instrument List D D D E Contractor/subcontractor qualifications memorandum D D E City supplied safety checklist D E O&M impact memorandum E Contract time memorandum E D- Draft; E - Complete EXHIBIT D, CALLOW AVENUE BASIN CSO PUMP STATION Page 3 2. 30 PERCENT LEVEL OF DESIGN At the 30% design level the submittal should show progress toward a coordinated plan set. Items to be generally expected at this level include: · A Drawing Index that reflects the total number of drawings anticipated for the completed project. · Title blocks and drawing layouts that allow verification of City standards. · General Symbols, Legends, and Abbreviations that allow verification of City standards. · Design Data and Criteria (Process Schematic) established and depicted in an acceptable format. · Site Plan and Vicinity Map that accurately depict the existing site features and boundaries. (including topographical data, coordinate system, zoning, geotechnical boring locations, etc) · Site and Utility Plans that accurately depict existing utilities (above and below ground), buildings, roadways, etc. · Site Plans that accurately depict new structure footprints, locations, and orientation on-site including preliminary finish floor elevations. Site Plan also to include preliminary site grading coordinated with the geotechnical requirements. · Plans and Profiles of pipelines that locate major utilities and piping corridors (horizontal and vertical). Property acquisition and easements necessary for permitting and construction should be identified. · Utility plans that generally identify proposed interfaces with existing utilities. Actual routing and location of connection to existing utility roughly shown. · Architectural plans, sections, and elevations that establish the preliminary room sizes, exterior architectural theme, materials of construction, roof type, etc. Plans adequate to verify access and egress, materials of construction, and other general building and fire code requirements. · Structural plans that establish foundation type and depict the preliminary foundation layout. Foundation plans adequate to confn'm approach in compliance with geotechnical requirements. Floor plans coordinated with the architectural plans. · Mechanical Plans and Sections that depict location of major equipment and mai or piping alignments to verify clearances and general configurations. Plans also to indicate proposed equipment maintenance features (i.e. overhead crane and monorails, hatches, pads, etc) and identification of areas requiring noise abasement. HVAC/Plumbing Plans that depict location of major equipment and major piping alignments. · Evaluation of the level of design that a fire protection system would be included on the drawings. · Preliminary electrical one-line diagrams and site electrical plans. Preliminary layout of electrical rooms in adequate detail to determine size requirements and clearances. Identify available corridors for routing of electrical raceways and cable tray. Identify area classifications per NEC. · Preliminary Process and Instnm~entation Diagrams (P&IDs) that depict the mechanical equipment, piping, instrumentation and control equipment interlocking. EXHIBIT D, CALLOW AVENUE BASIN C$0 PUMP STATION Page 4 Preliminary Table of Contents for the Specifications. Draft copies of specialized specifications that originate fi:om sources other than City guide specifications. · Preliminary equipment list that includes equipment number, equipment size, equipment power requirements, and basic controls and operating strategies. · Draft Basis of Design Technical Memorandum that summarizes technical criteria and assumptions used for the design and includes an evaluation of code interpretation and permit requirements for the Project. Also include an initial evaluation of safety considerations for equipment access, facility access and egress, and daily maintenance considerations. Identify items requiring modeling. · Draft Geotechnical Interpretive Report (GIR) and Geotechnical Data Report (GDR). · Level I Environmental Assessment and work plan for Level II Environmental Assessment. 3. 50 PERCENT LEVEL OF DESIGN The 50% design level is generally used as an alternative to producing two inteium sets (the 30% and the 60% sets). The degree of completion of the product at 50% is as specified in the table. The list is similar to the 60% list and as such is not re-written here. 4. 60 PERCENT LEVEL OF DESIGN At the 60% design level the submittal should show significant progress toward a completed plan set. The 60 % submittal should reflect review comments from the 30% submittal along with subsequent meetings and design decisions. This submittal should establish final locations, aligxunents, and configurations and move the design toward final production. Items to be generally expected at this level include: · Title Sheet, Drawing Index, and Location and Vicinity Map essentially complete. · General Symbols, Legends, and Abbreviations essentially complete. · Design Data and Criteria essentially complete. · Site Plan with proposed final location of structures, roadways, and major site elements (fencing, gates, etc). Include proposed contractor staging, storage, access, and off-site corridors (traffic routing plans). · Site Plan with horizontal control and Proposed grading. · Plans and Profiles of pipelines with final proposed alignments (horizontal and vertical). Easement limits identified and included on drawings. · Details of manholes, pavement and trench sections, and other civil details. · Proposed landscaping plan and schedules. · Architectural plans, sections, and elevations that depict the proposed final exterior architectural theme, materials of construction, and floor plan of structures. · Structural plans, sections, and details coordinated with other design disciplines. Large structural penetrations identified and potential conflicts with mechanical and electrical features resolved. EXHIBIT D, CALLOW AVENUE BASIN CSO PUMP STATION Page 5 Foundation plans, floor plans, and roof plans to include structural member sizes. Reinforcement detailing partially complete. · Mechanical plans, sections, and details with proposed final location of major equipment, piping, and appurtenances. Minor piping partially complete however adequate corridors identified. Location of equipment maintenance features finalized. · HVAC/Plumbing plans and sections adequately complete to verify City standards and building code compliance. Preliminary equipment schedules and system schematics to allow review of system configuration and design intent. Fire protection system design (if required). · Proposed final electrical one-line diagrams, control room layouts, and panel layouts. Power plans, control diagrams, and schedules adequately complete to review layout and design intent. · Proposed final lighting plan and reflective ceiling plan. · P&IDs developed to greater detail including revisions based on proposed final equipment selection and configuration. · Draft Specifications of all specifications in Divisions 1 through 17. Coordinated such that project specific information has been included and non-pertinent information has been removed. Major equipment specifications should be nearly final. First draft of construction sequence, milestones, and constraints. · Equipment list that includes equipment number, equipment size, equipment power requirements, and basic controls and operating strategies for all equipment anticipated on the project. · Final Basis of Design Technical Memorandum that summarizes technical criteria and assumptions used for the design and includes an evaluation of code interpretation and permit requirements for the Project. Also include an evaluation of safety considerations for equipment access, facility access and egress, and daily maintenance considerations. · Geotechnical Interpretive Report (GIR) and Geotechnical Data Report (GDR) incorporating all information obtained to date and recommendations for any additional investigations necessary for design completion. Level II Environmental Assessment (if required) that evaluates worker health and safety and identifies suspect, contaminated, and hazardous materials of concern for the Project. EXHIBIT D, CALLOW AVENUE BASIN CSO PUMP STATION Page 6 5. 90 PERCENT LEVEL OF DESIGN At the 90% design level the submittal should include all information necessary to complete the 100% documents with the exception of subsequent detailed review comments from the client and regulatory agencies. The 90 % submittal should reflect review comments from the 60% submittal along with subsequent meetings and design decisions. This submittal should reflect coordination between all design disciplines and should require only detailed level corrections to result in a biddable set of documents. Items to be generally expected at this level include: · Title Sheet, Drawing Index, and Location and Vicinity Map complete. · General Symbols, Legends, and Abbreviations complete. · Design Data and Criteria complete. · Site Plan with final location of structures, roadways, and major site elements (fencing, gates, etc). Include contractor staging, storage, access, and off-site corridors (traffic plans). · Plans and Profiles of pipelines with final alignments (horizontal and vertical). Easement limits identified and included on drawings. · Details of manholes, pavement and trench sections, and other civil details. · Sedimentation and Erosion Control Plan and details. · Landscaping plan and schedules. · Architectural plans, sections, and elevations that depict the final exterior architectural theme, materials of construction, and floor plan of structures. · Structural plans, sections, and details coordinated with other design disciplines. Foundation plans, floor plans, and roof plans to include structural member sizes and reinforcement detailing complete. · Mechanical plans, sections, and details with fmal location of major equipment, piping, and appurtenances. All piping layouts essentially complete. · HVAC/Plumbing plans and sections complete. Equipment schedules and system schematics adequately complete to review system configuration and design intent. · Final electrical one-line diagrams, control room layouts, and panel layouts. · Power plans, control diagrams, and schedules complete and coordinated with process/mechanical design. · Final lighting plan and reflective ceiling plan coordinated with other disciplines. · Final P&IDs developed to greater detail and including revisions from previous comments and coordinated with final operational control strategies. · Final version of Specifications Divisions 1 through 17 incorporating comments from the 60 percent submittal review and reflecting full coordination with drawings. Include final construction sequence, milestones and constraints, measurement and payment, and proposed bid form. Include memorandum with recommendations of changes to be made by City to General Conditions (Section 0700) in the Supplemental General Conditions (Section 0800) EXHIBIT D, CALLOW AVENUE BASIN CSO PUMP STATION Page 7 · Equipment list that includes equipment number, equipment size, equipment power requirements, and basic controls and operating strategies for all equipment on the project. · Final Basis of Design Technical Memorandum that summarizes technical criteria and assumptions used for the design and includes an evaluation of code interpretation for the Project. Also include an evaluation of safety considerations for equipment access, facility access and egress, and daily maintenance considerations. · Final Geotechnical Interpretive Report (GIR) and Geotechnical Data Report (GDR) incorporating all information obtained to date. , · Draft Geotechnical Baseline Report (GBR) for projects where this is deemed necessary. · Memorandum summarizing recommended contractor and subcontractor qualifications to be used for the bid evaluation. · Completed safety checklist provided by City. · Memorandum summarizing impacts of the Project on existing systems and probable impacts to the existing system operation and maintenance requirements. · Memorandum evaluating Contract Time. 6. 100 PERCENT LEVEL OF DESIGN The 100% submittal should include changes agreed upon by the reviewer and the person preparing the documents l~om the 90% submittal. This submittal should reflect coordination between all design disciplines and corrections to this submittal will be done by addenda. Items to be generally expected at this level include: · Final Drawings and Specifications · Final GIR, GDR, and GBR (where required). · Final equipment list. · Final Basis of Design Report. REVIEW CONSIDERATIONS A brief description of special review considerations related to the design submittal disciplines is presented below. EXHIBIT D, CALLOW AVENUE BASIN CSO PUMP STATION Page 8 GENERAL DRAWINGS The items listed under this category are typical for most projects. Exceptions might be the Key Map and the Design Data and Criteria. The Key Map may be required for large or complex drawing sets to assist the user in navigating through the set. The Design Data and Criteria is required if the submittal is to be reviewed by Ecology. For some projects it may be possible to combine a number of the items listed onto common drawing sheets to reduce the number of drawings submitted. However specific attention should be directed to the requirements of permitting and regulatory agencies when reviewing these drawings. These agencies have sometimes established strict criteria for drawing format and content that must be complied with to obtain approval. CIVIL/SITEWORK DRAWINGS It may be possible to combine information onto common drawings and reduce the number of drawings submitted. This is again dependent on the complexity of the project and permit requirements. ELECTRONIC FORMAT FOR DELIVERABLES Text documents shall be Microsoft® Word 2000. Drawing files shall be AutoCAD 2000®. EXHIBIT D, CALLOW AVENUE BASIN CSO PUMP STATION Page 9 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: BREMERTON COMPREHENSIVE FOR AGENDA OF: March 28, 2001 TRANSPORTATION PLAN UPDATE, ORIGINATING DEPT: PW&U Engineering Div. PROFESSIONAL SERVICES AGREEMENT FOR ORIGINATOR: Jennifer Strehler, City Engineer ENGINEERING SERVICES WITH PARAMTERIX DATE SUBMITTED: March 12, 2001 ENGINEERING. 2. CLEARANCES: (comment on back i~a~ ~/]/U~ 3. EXHIBITS Director, Public Works/Utilities /k~City Attorney .V~_~[.'7'~ ~ A. Professional Services Agreement with City Treasurer -'~'-'-'--- k:'~----~ Parametrix Engineering. Director, Purchasing ~~~--'~ Director, Building and Planning Council Budget & Finance Committee Operations Committee ,-2 ~- ~f~~ END ORS Er..ME~I'. ,)< ~.INF~v~TION APPROVED BY COUNCIL ~RE$115'~T FOR SUBMITTAL: MAYOR ~ . COUNCIL PRESIDEN~_...//~.., 4. SUMMARY STATEMENT AND REQUIREMENT FOR COEtlq'CIL ACTI{)N: Based on an evaluation of qualified consultants the City has selected and negotiated a Professional Services Agreement with Parametrix Engineering to provide engineering services for the analysis of existing and future transportation conditions and needs, and to assist the City in preparation of the Bremerton Comprehensive Transportation Plan update. Parametrix Engineering has extensive transportation modeling and comprehensive plan element preparation experience. The not-to-exceed mount of the agreement is $98,935.00. The request before the City Council is to approve an agreement for professional services with Parametrix Engineering. Staff recommends approval of the Agreement. 8. RECOMMENDATION: Move to approve a Professional Services Agreement with Parametrix Engineering to provide engineering services for the Bremerton Comprehensive Transportation Plan update, in an amount not to exceed $98,935.00, and authorize the Mayor to execute the same. 9. RESPONSIBLE OFFICIAL: City Engineer ENFORCEMENT OFFICIAL: N/A EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION APPROVED DISAPPROVED ~D~D1 PULLED TABLED COUNCIL DIRECTIVE DATE: 11. AGENDA BILL NO: 0l- 074 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The City will not prepare an update to the Comprehensive Transportation Plan to identify existing and furore transportation needs. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: The 2001 and 2002 budgets include sufficient funds for this study. City staff will administer and monitor the contract with Parametrix Engineering. 7. RESEARCH SOURCES Not Applicable. ab/Agenda Bills 2001/CTP PSA PROFESSIONAL SERVICES AGREEMENT Parametrix Inc. THIS AGREEMENT is between the City of Bremerton, a municipal corporation (hereinafter referred to as "City" and "Owner") and PARAMETRIX Engineering (hereinafter referred to as "Consultant" and "PARAMETRIX"). WITNESSETH: 1. SCOPE: Consultant agrees to provide engineering services for the Transpo~ation Comprehensive Plan as further described in the Scope of Work attached hereto and incorporated herein by this reference as Exhibit "A". The schedule for this work is attached hereto and incorporated herein by this reference as Exhibit "C" (Schedule). 2. TERM: Contract shall commence on the date of this agreement and will terminate on December 31, 2002, unless otherwise extended by the City. 3. COMPENSATION: City shall pay Consultant compensation as follows: Total fees under this Agreement shall not exceed ninety-eight thousand nine hundred thirty- five ($98,935.00). Charges for services shall conform to the fee schedule attached hereto and incorporated herein as Exhibit "B". Consultant shall submit regular statements describing the services rendered with a breakdown for work completed as authorized under this Agreement. The City, upon receipt of the completed statement, shall promptly process said claim for payment. Additional services which may be requested by the City will be paid for by the City at the rates set forth in Exhibit B, which sum may exceed the "not to exceed" amount set forth above. However, said services will only be performed, and compensated by the City after the City has directed such performance in writing. 4. RELATIONSHIP OF PARTIES: The parties understand and agree that PARAMETRIX Engineering, Inc. is a firm skilled in matters pertaining to Civil Engineering and will perform independent functions and responsibilities in the area of its particular field of expertise. Consultant and its personnel shall act as independent contractors and not employees of the City. As such they have no authority to bind either the City or control employees of the City, contractors, or other entities. Within the performance of these duties, Consultant shall work under the direction of the Director of Public Works & Utilities. $. INDUSTRIAL INSURANCE: Consultant agrees to provide for State industrial insurance coverage for its personnel as required by State law. 6. LICENSE AND TAXES: Consultant shall possess a current Bremerton Business PROFESSIONAL SERVICES AGREEMENT --1-- PARAMETRIX.PSA- 3/1/01 ab, Transp Comp Plan, PSA License and any regulatory license required to fulfill Consultant's obligations under this Agreement. B & O taxes shall be paid when due and Consultant, by this Agreement, assigns any payments due under this Agreement to the City Clerk for payment of such taxes that have been declared delinquent. 7. INSURANCE AND HOLD HARMLESS: Consultant shall provide professional liability or errors and omissions insurance of $1,000,000 per claim and comprehensive general liability insurance, including bodily injury and property damage, of at least $1,000,000 per occurrence. The City shall be named an additional insured on the comprehensive general liability insurance policy. Consultant shall, at all times, be responsible for the negligent or wrongful acts or failures to act of its personnel which occur or arise in any way out of the performance of this agreement. Consultant agrees to defend and indemnify and hold harmless the City, its appointed and elected officers and employees, from and against any and all liability, loss, costs, damage, and expense, including costs and attorney fees in defense thereof, because of actions, claims or lawsuits for damages resulting from personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons, and on account of damage to property, to the extent arising out of the negligent performance of this Agreement, if such injuries to persons or damage to property is due to the negligence of the Consultant, its subcontractors, its agents or assigns. This provision shall be inapplicable to the extent such damage or injury is judicially found to be caused by the negligence of the City. The parties have specifically negotiated to provide that Consultant defend, hold harmless, and indemnify the City for all claims, damages, and losses, including attorneys fees, arising from any claims of Consultant's employees for injuries covered by Title 51 RCW, and for which Consultant could not be held directly liable. 8. GENERAL CONDITIONS: a. Reports and Information - Consultant, at such times and in such forms as the City may require, shall furnish the City such reasonable periodic reports and documents as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Agreement. Consultant will maintain accounting records in accordance with generally accepted accounting principles and practices to substantiate all invoiced amounts. b. Entire Agreement - This Agreement constitutes the entire agreement between the parties and both parties acknowledge that there are no other agreements, written or oral, that have not been fully set forth in the text of this Agreement. There are attached hereto and incorporated by reference as part of this Agreement Exhibits "A, B, & C". c. Amendments - The parties hereby further agre~ that this Agreement cannot be amended or modified without the written concurrence of both parties. PROFESSIONAL SERVICES AGREEMENT -2- PARAMETRIX. PSA - 3/1/01 ab, Transp Comp Plan, PSA d. Notices - Any notices required to be given by the City to Consultant or by Consultant to the City shall be in writing and delivered to the parties at the following addresses: City Clerk PARAMETRIX 239 Fourth St. 5808 Lake Washington Blvd, NE Bremerton, WA 98337 Suite 200 Kirkland WA 98033-7350 e. Waiver - Failure to insist upon strict compliance with any terms, covenants or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be a waiver of any other breach. f. Compliance with State, Local and Federal Laws - Consultant agrees to comply with all applicable local, state and federal laws in performance of all services under this Agreement. g. Applicable Law; Venue - This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington and, in the event of dispute, the venue of any action brought hereunder shall be in Kitsap County Superior Court. h. Attorney Fees - The substantially prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorney's fees and court costs, including appeals, if any. 9. NONDISCRIMINATION: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status or disability, except employment actions based on a bona fide occupational qualification. ~ 10. TERMINATION: This Agreement may be terminated by either party for convenience upon thirty (30) days' written notice to the other party, or for cause if either party fails substantially to perform through no fault of the other and does not commence correction within five (5) days of written notice and diligently completes the correction thereafter. Upon such termination, City will be entitled to reports showing the status of all matters upon which Consultant is advising the City as of the effective date of termination. 11. STANDARD OF PERFORMANCE: The standard of care for all professional engineering and related services performed or furnished by Consultant under this Agreement will be the care and skill ordinarily used by members of Consultant's profession practicing under the same or similar circumstances at the same time and in the same locality. 12. CONSTRUCTION PROCEDURES: not applicable (no construct~'on procedures are directly associated with this projecO. 13. RE-USE OF DOCUMENTS: All documents, including all reports, drawings, PROFESSIONAL SERVICES AGREEMENT -3- PARAMETRIX. PSA - 3/1/01 ab, Transp Comp Plan, PSA 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 property of the City. The format for documents and work products shall be as specified in the exhibits. The City agrees, to the fullest extent permitted by law, to indemnify and hold the Consultant harmless from any claim, liability or cost (including reasonable attorneys' fees and defense costs) arising or allegedly arising out of any reuse of the documents, other than for the specific project and purpose for which they were prepared, by the City or any person or entity that acquires or obtains the documents from or through the City. 14. HAZARDOUS MATERIALS: not applicable (there are no construction projects or subsurface exactions associated with this projecO. IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and year indicated. PARAMETRIX Date: BY: CITY OF BREMERTON Date: BY: LYNN S. HORTON, Mayor DEPARTMENTAL APPROVAL: W. EUGENE SAMPLEY, Director of Public Works & Utilities APPROVED AS TO FORM: City Attorney Received for Filing: KATHLEEN L. McCLUSKEY, City Clerk PROFESSIONAL SERVICES AGREEMENT -4- PARAMETRIX.PSA- 3/1/01 ab, Transp Comp Plan, PSA Exhibit A Bremerton Comprehensive Transportation Plan Scope of Work Introduction The specific tasks for completing the Bremerton Transportation Plan Update are organized in three phases reflecting the primary deliverables. Phase 1 will provide a more complete and thorough update of the Transportation Plan in conjunction with the Comprehensive Plan update planned in 2002. The transportation plan update will address all travel modes and facility types in the City of Bremerton including: streets and highways, HOV facilities, ferry traffic, bus transit, pedestrian and bicycle facilities, and transportation demand management. Facilities in each of these areas are all integral parts of the overall multi-modal transportation system. · Phase 2 will update the Transportation Element of the Comprehensive Plan focusing on establishing a future vision for transportation and developing goals and policies to achieve the vision. This phase will be developed in close coordination with the overall Bremerton Comprehensive Plan Update process. The objective, approach, and deliverables for each phase and work task are summarized below. PHASE 1 - Prepare Comprehensive Transportation Plan Task 1.1 - Public Outreach/Interagency Coordination Objective: To involve all interested and affected community members as well as other agency staff.throughout the transportation planning process. Approach: In order to achieve the goal of a transportation plan that is supported by all involved, it is important to include community members and affected agencies throughout the process of developing the plan. We will work closely with City of Bremerton staff to develop a public outreach plan to solicit citizen input. A series of three community workshops is recommended as one element of the community outreach effort. These workshops could be combined with other elements of the Comprehensive Plan or could focus exclusively on transportation issues. The community workshops are suggested during the following phases of the project: (1) visioning/problem identification, (2) initial concept development, and (3) draft transportation plan completion. As part of the outreach effort, we will also be available to conduct smaller focus meetings with the City Council, Planning Commission, or other community groups. (A total of three council/planning commission meetings were assumed.) Other agencies affected by the transportation plan, including the Washington State Department of Transportation (WSDOT), Kitsap County, and Kitsap Transit, will be kept informed and involved throughout the process, and proposed improvements will be developed in coordination with the agencies' proposed plans. (A total of 2 meetings with staff from other agencies were assumed.) City Responsibilities: · Lead meeting set-up, announcement, and advertisement. · Assist with meeting facilitation and presentations. · Attend meetings with other affected agencies. Deliverables: Informational materials, graphics, and displays for the meetings. Task 1.2 - Develop Transportation Goals and Policies Objective: To develop transportation and goals and policies that reflect community values and the vision for future development. Approach: We will work closely with Bremerton staff involved in updating the Comprehensive Plan to develop transportation goals and policies. This will begin with a review of Regional goals and policies from the PSRC Destination 2030 Plan. The goals and policies will establish the direction for future transportation system improvements in Bremerton, while emphasizing viable options to the automobile. The transportation goals and policies may also address facility design, neighborhood protection, environmental protection, and other values important to the community. City Responsibilities: · Provide initial directiOn to the consultant team on the primary categories and content of transportation policies. · Provide consistency review and comparison with other Comprehensive Plan policies. · Provide a map of Bremerton center locations. Deliverable: Draft and Final technical memo listing the transportation goals and policies. Task 1.3 - Existing Conditions and Deficiencies Identification Objective: To develop an accurate base of information on the existing conditions and deficiencies of the transportation system. Approach: All existing transportation system information will be compiled and summarized based on available information and field visits to the site. This information will include current roadway functional classifications based on the existing Transportation Plan, traffic volumes, and level of service (LOS); existing transit, ferry, and bicycle/pedestrian facilities; and deficiencies based on existing LOS and any high accident locations. This will include development of a prioritized list of traffic count locations to be conduced in spring/summer 2001. The existing functional classification of arterial streets will be reviewed for internal consistency and appropriateness. Changes to the existing functional classifications will be recommended where appropriate. The City's street maintenance program will also be described. City Responsibilities: , · Compile all existing traffic volume information and conduct new counts. · Compile information on the components, frequency, and budget for the City's existing maintenance program. · Compile all existing traffic accident information. Deliverable: Existing conditions information presented in graphical format on a network map of the City. Task 1.4- Travel Demand Forecasting and Future Deficiencies Identification Objective: To prepare a city-wide transportation planning model utilizing the UFOSNET computer software package. The UFOSNET model will analyze the effects of local and regional growth on the city-wide system. Approach: One of the first steps in determining the future needs or deficiencies in the transportation system is to develop furore travel demand forecasts within the study area. RST International is fully equipped to develop a City-wide travel demand forecasting model based on future year population and employment estimates in the City of Bremerton (consistent with the City's Comprehensive Plan) and Kitsap County, as well as existing transportation system characteristics collected in Task 2.3. Future system deficiencies will be identified based on traffic volume forecasts at least 20 years into the furore. System deficiencies will initially be identified using a level-of-service (LOS) C or D or better threshold for meeting transportation system concurrency. City Responsibilities: · Provide future population and employment estimates by Transportation Analysis Zone (TAZ). Deliverable: Future traffic volume forecasts on arterial streets within the City of Bremerton and a list of roadways falling below the LOS C or D threshold. Task 1.5 - Transportation Improvements, Cost Estimates, and Funding Sources Objective: To identify transportation facility improvements, cost estimates, and financing options for the system deficiencies identified in Task 2.4. Approach: This task involves the development and evaluation of alternative transportation improvements that are needed to eliminate the transportation system deficiencies identified in Task 2.4. The transportation goals and policies described in Task 2.2, current non-motorized plans, WSDOT's SR 303 improvement plans, and Kitsap Transit's goals will all be considered in developing the City's transportation system improvements. The improvements will be grouped into three future transportation networks to be tested with the travel demand forecasting model. Potential improvements would include widened roadways and intersections or greater efficiency gained through Transportation Demand Management (TDM) and Transportation Systems Management (TSM) strategies. Improvements for pedestrians, bicyclists, transit and ferry riders, and neighborhood traffic control devices will also be identified. LOS estimates for future conditions with and without the system improvements will be prepared. Preliminary cost estimates (including right-of-way acquisition costs) and potential funding sources for the improvements will also be identified as part of this task. Where possible, transportation improvement projects will be defined to maximize chances of scoring highly on competitive grant applications. City Responsibilities: · Provide historical information on the amount of outside transportation funding used for City projects. · Provide unit cost information on recent capital improvement projects in the City. Deliverable: A 20-year list of transportation improvements and preliminary cost estimates. Task 1.6 - Reassessment and Concurrency Objective: To reassess and balance transportation improvement costs, level of service standards, and future land use forecasts and provide an ongoing "Concurrency Management System" to ensure adequate capacity for new development. Approach: The City of Bremerton's Comprehensive Plan was used to guide the transportation system planning process in the previous work tasks. Upon developing the improvements and transportation network costs associated with these improvements, it may be necessary at this point to reassess the framework which established the identified improvements. We will work closely with City staff to determine whether and how the framework would be revised. The elements of the Comprehensive Plan Transportation Element that could be affected include the following: level of service standards, financing or budgetary priorities, and transportation improvements. Modifications to the City's current street design standards will also be developed in this task. City Responsibilities: · Provide initial input on strengths and weaknesses of current design standards. · Provide input to the consultant team on balancing the level of service and financing elements of the transportation plan. Deliverable: A revised list of transportation improvements and cost estimates and concurrency management system recommendations. The revised project list would become the Capital Improvement Project list for the city. Task 1.7 - Draft and Final Transportation Plan Objective: To prepare Draft and Final Transportation Plan documents. Approach: The transportation plan must include action strategy for bringing into compliance any existing facilities or services that are below established LOS standards, and provide for expansion of facilities and services to meet future needs at established LOS standards. The strategy must be financially sound; planned needs must be financially feasible and committed for implementation within six years. The strategy must be consistent with the six-year transportation improvement programs required for the City, Kitsap County, Kitsap Transit, and WSDOT. City Responsibilities: · Review and comment on the Draft and Final Transportation Plan documents. Deliverables: Draft and Final Transportation Plan documents. Phase 2 - Prepare Transportation Element of the Comprehensive Plan Objective: To summarize the Final Transportation Plan into the overall Comprehensive Plan document. Approach: · Summarize the planning requirements established by the Growth Management Act (~M~). · Summarize the community vision and values and related to transportation. · Restate the Transportation goals and policies developed in Task 2.2. · Production coordination and assistance. · Up to two meetings with City staff for coordination. City Responsibilities: · Attend up to two coordination meetings. · Review and comment on the Draft Transportation Element. Deliverable: Transportation Element of the Bremerton Comprehensive Plan 6,¢ EXHIBIT B CITY OF BREMERTON TRANSPORTATION COMPREHENSIVE PLAN COMPENSATION Compensation for Consultant's services under this Contract shall be on a Cost Plus Fixed Fee basis but not to exceed the Total Price. The sum of Cost and Fixed Fee shall be the compensation for the Scope of Services. The budget for this project is as shown in Table B-1. Cost shall include Direct Labor Cost, Indirect Costs, and Reimbursable Expenses. Cost shall be an amount equal to Direct Labor Cost times a factor of 2.85 plus Reimbursable Expenses. Direct Labor Cost shall mean salaries and wages, (basic and overtime) paid to all personnel for time worked directly on the project. Indirect Costs shall include overhead, taxes and other indirect project administrative costs. Fixed Fee shall mean a fixed amount of fee that is added to the Cost. The Fixed Fee for all tasks included in the Scope of Services shall be at a rate of twelve percent (12%) on the additional work Cost excluding Reimbursable Expenses. The Cost may vary, but the Fixed Fee shall remain the same provided the Scope of Services does not change. The fixed fee will be prorated and paid monthly in proportion to the project work satisfactorily completed. A payment for an individual month shall include that portion of the fixed fee allocable to the project work satisfactorily completed during the month and not previously paid (e.g. pro-rated in accordance with the amount spent-to-date). Any portion of the fixed fee not previously paid in the monthly payments shall be included in the final payment. Compensation Schedule Reimbursable Expenses shall mean the actual expenses incurred directly or indirectly in connection with the project for transportation travel, subconsultants, subcontractors, computer usage, telephone, fax, shipping and express, and other incurred expense. Charges for reimbursable expenses incurred by the Consultant will be at the following rates as shown in Table B-2. The amount of any sales tax, excise tax, or gross receipts tax that may be imposed on this Agreement shall be added to the Consultant's compensation as Reimbursable Expenses. City of Brernerton 1 EXHIBIT B - Table B-I Bremerton Transportation Plan Update Budget Estimate Name/Category Perlic Nelson Fann Ho Grs ~hics Word Processing $44.70 /hour $32.32 /hour $29,30 /hour $24.00 /hour $20.24 /hour $t7.82 [/hour Task Item Hours Budget Hours Budgct Hours Budget Horns Budget Hours Budget Hours [ Budget Totals Phase 1 1.1 Public Outxeach/Interageocy Coo~ination 40 $1,788.00 0 $0.00 40 $1,172.00 8 $192.00 24 $485.76 8 $142.56 $3,780.32 1.2 Develop Transportation Goals & Policics 16 $715.20 0 $0.00 32 $937.60 0 $0.00 4 $80.96 0 $0.00 $1,733.76 1.3 Existinl~ Conditions and Deficiencies 16 $715.20 0 $0.00 40 $1,172.00 60 $1,440.00 12 $242.88 8 $142.56 $3,712.64 1.4 Travel Demand Forecasting and Future Deficiencies 24 $1,072.80 0 $0.00 40 $1,172.00 40 $960.00 0 $0.00 8 $142.56 $3,347.36 1.5 Transp. Improvements, Cost Est., and Funding Sources 24 $1,072.80 40 $1,292.80 60 $1,758.00 32 $768.00 0 $0.00 8 $142.56 $5,034.16 1.6 Reassessment and ConcmTency 24 $1,072.80 0 $0.00 40 $1,172.00 16 $384.00 0 $0.00 0 $0.00 $2,628.80 1.7 DraR and Final Transportation Plans 24 $1,072.80 4 $129.28 60 $1,758.00 16 $384.00 16 $323.84 20 $356.40 $4,024.32 Phase 2 Prepare Transportation Element of the Comprehensive Plan 16 $715.20 0 $0.00 16 $468.80 0 $0.00 4 $80.96 8 ' $142.56 $1,407.52 Subtotal 184 $8,224.80 44 $1,422.08 328 $9,610.40 172 $4,128.00 60 $1,214.40 60 I $1~069.20 $25,668.88 , $47,487.43 Overhead ~ 1.85 $73,156.31 Fees ~ 12% { $8,778.76 I $81,935.06' Direct Expenses (mileage, copies) $2,000.00 $83,935.06 RST International PM Peak Turning Movement Counts2 i $15,000.00 ! $98,935.06 Total budget 3/14/01 12:24 PM Trans Plan Budget.xls Table B-2. Reimbursable Expense Charges Item Billing Rate Miscellaneous Postage at cost Travel Mileage at 34.5 cents per mile or the current Internal Revenue Service (IRS) allowable rate for business use of an automobile Other travel expenses at cost Copying Standard at 10 cents per page Plotting~ 1 lx17 ~ $3.00 per sheet 22x34 ~ $7.00 per sheet HP755 color ~ $8.50 per sheet Phone At-cost Fax In-coming ~ No charge Outgoing ~ $0.55 per page Computer Engineer ~ $10 per hour CADD ~ $15 per hour 1. In-house billing rate listed above; outside plotting will be billed "at-cost". Monthly invoices shall be submitted to the City for work performed subsequent to work covered by all previously submitted invoices and shall be computed pursuant to the rates and limitations set forth above. The approximate distribution of costs with respect to the tasks is presented in the budget estimate. Consultant may adjust the distribution of compensation between individual tasks for the work noted herein to be consistent with services actually rendered, but shall not exceed the total estimated compensation amount unless approved in writing by the Owner. No costs shall be charged to the budget for Task 3 without written authorization from the City. The labor rates listed herein are representative of the actual rates that might apply during the term of this Agreement. Billings will be based on the individual labor rates current at the time the services being billed for were performed. Labor rates are subject to change without notice. Parametrix will notify the City of labor rate changes 30 days before submitting an affected invoice. Labor rate changes shall not alter the stipulated "not to exceed" amount or fixed fee. The overhead rate shall be fixed for the term of this Agreement. City of Bremerton 2 EXHIBIT C CITY OF BREMERTON TRANSPORTATION COMPREHENSIVE PLAN PROJECT SCHEDULE The schedules for work conducted under this Agreement are listed herein. The Consultant understands that the City Public Works Department must complete the bulk of the Transportation Comprehensive Plan by the end of 2001 and certain other activities within a schedule defined by other departments (e.g. Planning). The following milestones are intended to meet this schedule. Consultant Notice to Proceed March 28,2001 Transportation Element Final 2001 Comprehensive Plan Update - April 30, 2001 Transportation Element Draft Transportation Comprehensive Plan December 28, 2001 Final Transportation Comprehensive Plan February 6, 2002 Draft 2002 Comprehensive Plan Update - February 27, 2002 Transportation Element Final 2002 Comprehensive Plan Update - March 27, 2002 Transportation Element City of Bremerton 3 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: 03/28/01 ORIGINATING DEPT: Human Resources Request for payment of Employer (City) contributions to the ORIGINATOR: Carol Conley State Dept. of Retirement Systems for Councilman David DATE SUBMITTED: 3/21/01 Farr for prior service credit 1/94 - 12/99, and also for current term of office. 2. CLEARANCES: Comment of back if necessary) 3. EXHIBITS: HEARD AT COMMITTEE 3/21/01 DRSDocuments Fiscal & Budget Committee: OperatonsCommittee: HEARD AT COMMITTEE 3/21/01 ~V~.(.j¢-t SPECIAL COUNSEL 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: This action will allow Councilman Fer, r..to enroll in the State Retirement Syste/rj:~.eS~an elected official, and buy back prior service credit for previoi:ls~rms of office from 1994 thro~ggh"1999, as well as his current term of office from January 1, 2000 through'"~,.~uary 31, 2001. Co/¢man Farr is also requesting that the City pay the employee contribution interest ~,,~643.88 du~d'previously being advised that he was ineligible to buy back this service credit_,~herebY inc~ditional interest. A budget adjustment in the amount of $3~ed to fund this action. Should the Council approve payment of employee interest forp~ service credit,"~additional budget adjustment in the amount of $643.88, thereby making ~ budget adjustment of~6.86 required. 8. RECOMMENDATION: Mo~ve_ _payment as Employer in the amount of $3,792.98 to the State Retireme~by the State on beha o ' ' rr for prior service credit as C ' nuary 1994 through December 31, 1999, and to be, billed the required employer o~_g~i? c.-~u 1 2000 to January 31, 2001, and that the City pay the employee~ution of $643.88 due to his being previously a~ ineligible to~e credit, thereby incurring additional interest. ................... ~ ....... ~-, ........ r.-¢ ........ ,~ ~,,~, r EXPIATION DATE: N/A REVIEW DATE: '10. NOTICE OF ACTION PULLED~ TABLED~ APPROVED~ DISAPPROVED__AMENDED ~ COUNCIL DIRECTIVE: '11. AGENDA BILL NO: C) ! -- O '7~.~'"' 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: Failure to approve this motion would result in Mr. Farr's inability to buy back previous and current service credit as an elected official and participate in the State Retirement System, 6. IMPACT ON STAFFING~ BUDGETS~ FAClLITIES~ EQUIPMENT OR OTHER RESOURCES: There is available funding in the budget to cover this requested expenditure. STATE OF WASHINGTON DEPARTMENT OF RETIREMENT SYSTEMS P.O. Box 48380 · Olympia, WA 98504-8380. (360) 664-7000 · Toll Free 1-800-547-6657 March 15, 2001 Thc Honorable David D. Fart Councilmember, City of Brcmerton 2015 North Cambrian Avenue Bremerton, Washington 98312 Dear Councilmember Farr: Listed below is the cost of contributions and interest to establish your elected official service with The City ofBremerton. I apologize for the delay and for any inconvenience it may have caused. For your current term, January 1, 2000 to January 31, 2001, representing 12 months service credit, the employee contribution plus interest is $162.37. Upon payment of this amount, your employer will be billed the required employer portion. The employer contribution for your prior terms for the period January 1994 though December 1999 representing 71 months of service credit, is $2,801.62 and the emploYer contribution interest is $991.36. In addition to the employer portion, the employee contribution is $1,772.82 and employee contribution interest is $643.88. The employer may pay their share of contributions and/or contribution interest, but they are not required to do so. Both employer and employee payments must be made in a lump sum-before ~_pril 13, 2001 to assure that no additional interest will be charged. If appropriate, please indicate with a check mark the portion of your prior term of office which was paid by the employ, er. . Employer contributions Employer interest If you have questions regarding this matter, please call me at (360) 664-7211 or toll-free at 1- 800-547-6657, extension 4-7211. Sincerely,/~ /Q U'athy Rodrigfie~ ~ Retirement Services Analyst PLEASE REFER TO SS#, RETIREMENT SYSTEM AND PLAN ON ALL CORRESPONDENCE CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST Requesting Department: CITY COUNCIL / GEN. MISC. Adjustment Number: 2001 #4 I Approval Authority Required: r-]Treasurer r-IMay°r r- Fiscal & Budget l~--ICouncil SOURCE OF FUNDS: USE OF FUNDS: Description Amount Description Amount Decrease: Increase: Gen. Misc. Personnel City Council Personnel With Employee Interest 4,800 With Employee Interest 4,800 OR OR Without Employee Interest 4,200 Without Employee Interest 4,200 NARRATIVE: This adjustment will provide expenditure authority to the City Council budget sufficient to fund the employer retirement contributions and associated interest to the State of Washington for Councilman Farr. Department Head Signature Date Director Signature Date Treasurer Comments: ~ Recommended ~ Not Recommended . Treasurer's Signature ~ Mayor Comments: ~,.' Recommended [----] Not Recommended ~-1 Approved ~ Denied Mayor's Signature Date Fiscal & Budget Committee Comments: r-~ Approved ~ Denied Fiscal & Budget Committee Signature Date AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Resolution calling for Good FOR AGENDA: March 28, 2001 Goverance and Scheduling Council Goal and ORIGINATING DEPT: City Council Priority Determinations ORIGINATOR: Council Member Ed Roliman DATE SUBMITTED: March 21, 2001 2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: HEARD AT COMMI TTEE 3/21/01 Resolution No. 2806 COUNCIL OPERATIONS COMMITTEE HEARD AT COMMITTEE 3/21/01 FISCAL & BUDGET COMMITTEE ENDORSEMENT ['-] INFORMATION [] APPROVED FOR SUBMITTAL: MAYOR '"~ COUNCIL PRE SIDEN~-.'~"~ ,~t~,_.-~~' 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: A Resolution calling for an end to all discord and accusatory conduct within City government; seeking expedient movement towards facilitation with the Mayor; and scheduling the Council's determination of the City's goals and priorities for 2001 for submittal to and implementation by the Mayor. 5. RECOMMENDATION: Move to pass Resolution No. ~L~ 0 7 6. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 7. NOTICE OF ACTION: PULLED [~] TABLED [--] APPROVED [--] DISAPPROVED [-] AMEN~ 0nACOUNCIL DIRECTIVE: 8. AGENDA BILL NO.: 0t -' ~7~ 9. IMPACT OF NON-PASSAGE: The Council will not have expressed its commitment to bettering the government of the City of Bremerton and calling for an end to all counter-productive and negative actions within the government. Additionally, important policy-making determinations of the Council will not be scheduled for immediate consideration and action. 10. IMPACT ON STAFFING, BUDGETS, FACILITIES~ EQUIPMENT OR OTHER RESOURCES: Council action is needed to prioritize the use and allocation of all City resources. 11. RESEARCH SOURCES: RESOLUTION NO. 2806 A RESOLUTION of the Bremerton City Council calling for a unified and amicable effort to expedite compliance with the terms and spirit of the March 14, 2001 settlement of the on-going dispute between the Mayor and City Council; Seek facilitation of the working relationship between the Mayor and City Council; Continue to focus on the important business of the City, including the commitment to set goals and priorities for the City; and reject all derisive comments and proposed actions that undermine the spirit of this resolution WHEREAS, the Bremerton City Council and Mayor Lynn Horton entered into a settlement agreement on March 14, 2001 with a view and commitment to end the four- month dispute over their respective powers and authorities as granted by the City Charter; and WHEREAS, the settlement agreement provides a mechanism for forward movement of the City and its business through facilitation of the parties' working relationships; and WHEREAS, since December 1, 2000, the working relationship between the City Council and Mayor had deteriorated, and counter-productive charges and allegations have been aired publicly to the detriment and unrest of City government and the community as a whole; and WHEREAS, the settlement agreement as proposed included a provision for the elimination of all motions and actions coming before the City Council that are not for the good of the City in the conduct of its business; and WHEREAS, the provision was unfortunately removed by Council from the terms and conditions of the settlement agreement prior to March 14 adoption of the agreement; and WHEREAS, the City of Bremerton now faces immediate challenges and opportunities which require all parties to focus and expend fruitful efforts in the best interest of the City; and WHEREAS, under Section 12 of the City Charter, it is within the powers of the City Council to set the goals and priorities for the City, and to forward them to the Mayor for implementation; Now, Therefore: BE IT RESOLVED BY THE BREMERTON CITY COUNCIL 1. THAT the City Council seek and encourage speedy implementation of the March 14, 2001 settlement agreement between the Mayor and City Council in an effort to finally resolve all issues underlying the dispute between the City Council and Mayor. 2. THAT every possible effort be made to respect each other's differing opinions with no recourse to attempts to embarrass, belittle or engage in other counter-productive allegations or charges as to all parties involved; and to soundly reject any and all such attempts, including proposed votes of No Confidence in the Council leadership. 3. THAT the City Council commit to the formulation of goals and priorities for the City government, and forward them to the Mayor no later than April 15, for implementation dudng 2001. 4. THAT the City Council embrace facilitation with the Mayor, to be scheduled at the earliest opportunity, and that each Council member commit to place the best interest of the City above past differences, and to continue our on-going efforts to address the City's serious business, which has been entrusted to us by those who possess the ultimate and final authority, the voters. PASSED THIS ~ day of March, 2001. John Law, Council President