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HomeMy WebLinkAbout08/13/03 AGENDA FILE 239 4th Street · Bremerton, WA 98337 · Phone (360) 478-5280 · Fax (360) 478-5251 CITY COUNCIL MEETING AGENDA AUGUST 13, 2003 1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. in Council Conference Room A. General Council Business 2. CALL TO ORDER: 5:30 P.M. in Council Chambers A. Pledge of Allegiance B. Invocation 3. CONSENT AGENDA A. Minutes of Meeting -July 23, 2003 (#AB03-~2) ~0'~ B. Bid Award to LORI LEITE/WOMEN'S WORK CONSTRUCTION for Renovation of Restroom at Sheridan Park Community Center (#AB03-143) C, Bid Award to WHITNEY EQUIPMENT, INC. for two new chopper pumps for Pump Station EB-3 (#AB03-144) D. Supplemental Agreement No. 2 with CAMP DRESSER MCKEE for Comprehensive Sewer Plan Update & Facility Plan and Design of the Westside CSO Treatment Facility (#AB03-145) E. Professional Services Agreement with BERGEPJABAM for Civil Engineer Services for the Fire Station Headquarters and Police & Court Facility (#AB03-146) 4. CLAIMS/CHECK REGISTERS 5. COUNCIL MEMBER REPORTS 6. MAYOR'S REPORT 7. PUBLIC RECOGNITION - Comments limited to 3-minutes 8. NEW BUSINESS Establishment of Finance Officer position within the Finance Department (#AB03-148) Professional Services Agreement with EXELTECH CONSULTING, INC. for Design of Downtown Pedestdan/BTC Access Improvements (#AB03-149) CONTINUED ON NEXT PAGE... E-rnail: citycouncil@ci.bremerton.wa.us · Web: www. ci.bremerton.wo.us 9. PUBLIC HEARINGS - ORDINANCES & RESOLUTIONS A. ' ' ' thro,..~ *,~?rate Or_Ld~nance (#AB~_.~..,;3=-%~) fOS'f~~r' B. Ordinance No. 4863 [Second Reading] approving Amendments to Ordinance No. 4839 relating to the Ci~ of Breme~on Fiscal Year 2003 Budget (¢AB03-141) C. Ordinance [First Reading] amending Title 10 of the Bremedon Municipal Code relating restricted Parking Zones (¢AB03-150) D. Resolution No. 2899, authorizing an Intedund Loan from the Equipment Rental Rese~e Fund to ULID No. 2002-01 Fund (¢AB03-151) E. ~se~ud~c~',]. H~,i,,9; ~,,d v, upu~d ~soluuon NO., ~Z~00~ ap~._. Sotid Seven Construction application fCnew ~'-'. ,-, u'~,,~ ...... ,.~. P~¢-~17) ,~. ) inier V BO3-1R? o 10. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING DATE SUBMITTED: June 25, 2003 BILL # ~).g AGENDA BILL CITY OF BREMERTON ~~ CITY COUNCIL SUBJECT: Minutes of Meeting- Committee Meeting Date: N/A July 23, 2003 COUNCIL MEET1NG Date: ~o.~3 o.$'[" 13~ Depaament: Cit~Council - Presenter: C~ol Mends Phone: (360) 478-5280 SUMMARY: Attached ~e ~e minutes for the Council Meeting held July 23, 2003. ATTACHMENTS: Minutes for July 23, 2003 FISCAL IMPACTS (Include Budgeted Amount): 0 APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: CONSENT AGENDA [] OPERATIONS: COUNCIL PRESIDENT: ~."/~c.c..v_(77.d'~' c~/~'._-,.e,¢..~.~,. .... ~ /' RECOMMENDED MOTION: Move to pass the Consent Agenda as presented. COUNCIL ACTION: [] Approve [] Deny [] Table / [] Continue [] No Action TAPES #1901 & #1902 CITY COUNCIL MEETING MINUTES July 23, 2003 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, July 23, 2003, at 5:30 P.M., with Council President Carol Arends presiding. Council members present were Mike Short, Will Maupin, Eric Younger, Mike Shepherd, Daren Nygren, Cecil McConnell, and Wayne Olsen. Council member Ed Rollman was absent. Aisc present were City Attorney Roger Lubovich; Assistant City Attorney Simon Stoker; Deputy City Clerk Paula Johnston; and Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Councit Member Cecil McConnell, followed by the invocation provided by Pastor Roger Hennigan of Apostolic Life Tabernacle Church. President Arends made the following announcements: 1. A Pre-Council session was held in the Council Conference Room to discuss updates to the meeting agenda; 2. An Executive Session will be held at the conclusion of regular business tonight to discuss "POTENTIAL LITIGATION" per R.C.W. Chapter 42.30.110(1)0); and 3. A Study Session will be held Thursday, July 24, beginning at 5:15 P.M. in the Council Conference Room to discuss "2003 BUDGET ADJUSTMENTS", CONSENT AGENDA A. Minutes of Meeting - June 25, 2003 (#AB03-129) #0025 M/SIC (McConnell/Olsen) Move to approve Consent Agenda as presented. Voted in favor of Motion: Olsen, McConnell, Nygren, Shepherd, Maupin, Short, and Arends Abstained: Younger Motion carried: 7-Yes; l-Abstention CLAIMS & CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a listing that had been made available to the Council. #0050 MISIClU (Younger/McConnell) On July 23, 2003, the Council approved payment for Check Numbers 282743 through 282852 in the total amount of $1,972,759.36; and Regular Payroll for the pay period ending July 15, 2003 in the amount of $974,138.4. COUNCIL MEMBERS Wayne Olsen reminded the public about the District 1 & 2 Town Meeting planned for Thursday, August 21 to discuss the Bremerton Pedestrian Access Tunnel. Damn Nv~lren wished Ed Rollman a speedy recovery. Mike Shepherd was happy to be back from a recent vacation; invited citizens to attend the 5th Annual District 5 neighborhood picnic this Saturday, July 26, from 12:00 noon to approx. 2:00 P.M. at Evergreen Rotary Park; and discussed upcoming events sponsored by the Poggie Club. Eric Younger discussed the denial of an appeal by the Hearing Examiner regarding a land use issue filed on behalf of several citizens in District 6. TAPES # 1901 & #1902 City Council Reg. Mtg. Minutes July 23, 2003 Page 2 of 5 Will Maupin discussed his attendance at the Marine Transportation Association of Kitsap (formerly Sinclair Landing Association) meeting to discuss marine transportation issues. Mike Short announced the Bremerton Channelman Club's 17th annual Fun Run beginning at 1:00 P.M. this Friday and continuing Saturday Carol Arends also wished Ed Rollman a speedy recovery and belated "happy birthday", and discussed visits to several World Changer project sites. MAYOR'S REPORT Council President Arends read a proclamation on behalf of the Mayor, declaring the Week of July 19-26, 2003 as "World Changers Week", which was accepted by Bob Tulp, City of Bremerton Public Works Operations Manager. PUBLIC RECOGNITION Allen Shute expressed his concern that the U.S. Post Office on National is not ADA compliant. Carol Atkineon of Bremerton Main Street Association invited the public to attend the next "Concert above the BoardwalN' this week from 6:00 to 8:00 P.M. on Friday night. Gordy Byrd provided an update on his goal to collect toothbrushes. Don Larson was concerned about all the dead grass in and around the City. Jonathan Wood expressed his concern that the City is not considering alternatives to the proposed tunnel, which he does not support, and asked that if a study is done, it should be made available to the public prior to August 21. Gene Sampley, Director of Public Works & Utilities, indicated that a study of alternatives should be completed in a couple weeks, and noted that the City is required to participate in a full public process. Mr. McConnell noted that this issue is scheduled for discussion at the next District 1 & 2 Town Meeting on August 21. Roy Runyon also expressed his concern regarding the proposed tunnel. Scott Buckingham appreciated the concept for the need of the tunnel, but did not agree that it would be the best alternative to solve the problems with traffic from the ferries. Pamela Kruse-Buckin~:lham expressed her concern that any construction for a proposed tunnel might damage cultural collections in local art galleries and museums. 8A - BUDGET ADJUSTMENT NO. 2003-01; AND PROFESSIONAL SERVICES AGREEMENT WITH ECONOMIC & ENGINEERING SERVlCES~ INC. FOR COMPREHENSIVE WATER~ SEWER~ AND STORMWATER RATE STUDY (#AB03-'132): Gene Sampley, Public Works & Utilities Director, emphasized that the City's Water, Sewer, and Stormwater Utility rates have not been comprehensively analyzed since 1994 and are in need of review. ECONOMIC & ENGINEERING SERVICES, INC. (EES) has been selected to perform this review, and the attached Professional Services Agreement (PSA) has been negotiated. This review will include the Water Utility's use of timber resources and the methodology and rates for the U.S. Navy facilities. A budget adjustment for the amount of this work is required. It is recommended that the attached Budget Adjustment and PSA be approved for EES to perform the required study in an amount no-to-exceed $104,400. TAPES # 1901 &#1902 City Council Reg. Mtg. Minutes July 23, 2003 Page 3 of 5 Mike Wilson, Finance Director, provided additional input, also noting that the City of Bremerton has one of the lowest water rates in the state. There were no comments from the public. Several Council members expressed their reluctance in paying a consultant $104,400 for this study, however, agreed that the information that would be obtained from the study would be vital in making informed decisions about future rates, and ways to limit dependence on revenue from timber sales from watershed forests. #1705 M/S/C/U (Maupin/Short) Move to approve Budget Adjustment No. 2003-01. #1725 M/S/C/U (Maupin/McConnell) Move to approve the attached Professional Services Agreement with ECONOMIC & ENGINEERING SERVICES, INC. in an amount not-to-exceed $104,400, and authorize the Mayor to finalize and execute the same. 8B - APPROVAL OF 2004 CDBGIHOME POLICY PLAN AND APPLICATION PACKET (#AB03o 133): Marylyn Waibel, CDBG Program Coordinator, summarized that several meetings have been held to discuss this issue. The recommendations from the City Council Study Session held on June 4, 2003 are listed on Attachment-A. It was noted that after additional discussion, an amendment was made to Item No. 3(a), changing "1 member from the Manette Area" to "1 member at larqe". The recommendations from a meeting with Council Committees held on June 24, 2003 are listed on Attachment-B. It was noted that after additional discussion, an amendment was made to Item No. 1, changing "Technical Assistance Training should be mandatory" to "Technical Assistance Training is_.advisable". It is also possible that a decision tonight may eliminate Item No. 5 which references that "There should be no City Staff on the review committees". A City Department Head meeting was held on July 14, 2003 to discuss the distribution of monies, which are listed on Attachment-C. It was clarified that 15% is being allocated for "Public/Human Services" which is based on new money ($600,000) received from HUD. The following citizens expressed their concerns about the proposed changes to the process for allocating CDBG funds... Beverly Kincaid representing CATHOLIC COMMUNITY SERVICES (also submitted a letter into the record); Patricia Peterson representing BREMERTON FOOD LINE; Alex Heflreth from POSITIVE SOLUTIONS; Larry Eyer from KITSAP COMMUNITY RESOURCES (also submitted a letter into the record); H. Emily Moshay (concurred with statements made by Larry Eyer); Sister Pat Millen from CATHOLIC COMMUNITY SERVICES; and Aletha Carter James, Social Worker with STATE OF WASHINGTON (concurred with all previous comments made on this issue). Don Larson asked if landscaping projects could be included for future funding allocations. Council held extensive discussion...at one point suggesting this issue be continued to allow for further study, but a consensus on suggested amendments was reached prior to approving the proposed plan... TAPE #1902 A lO-minute recess was held prior to the vote... TAPES # 1901 & #1902 City Council Reg. Mtg. Minutes July 23, 2003 Page 4 of 5 Chris Hullo wanted to clarify that the suggestion was originally made for the DCD Director to be a member of this Committee only in a technical capacity as a means of providing continuity between the City's Comprehensive Plan and other community building initiatives that the Department might be aware of. Prior to the vote, Mr. McConnell suggested that the DCD Director remain as a "Technical Advisor". Mr. Younfler clarified that if the vote passes, the Council would be approving the draft 2004 CDBG/HOME Policy Plan and Application as presented with the proposed distribution of funds for Capital Projects at a fora~ sum of $590,000, not broken down into $500,000 for City Administration Projects and $90,000 for Non-City Projects. #0170 M/S/C (Younger/Shepherd) Move to approve the draft 2004 CDBG/HOME Policy Plan and Application as amended: Page 2, Item No. 3(a) to read "1 City Resident at Large" (replacing "f member from the Manette Area'h; and Page 2, Item No. 4(a) to read "1 City Resident at Large" (replacing "1 member is the DCD Director'S. Voted in favor of Motion: Younger, Maupin, Short, McConnell, Nygren, Shepherd, and Arends Voted opposed to Motion: Olsen Motion carried: 7-Yes; 1-No 9A - PUBLIC HEARING AND RESOLUTION NO. 2895~ PLACING ON THE SEPTEMBER 16~ 2003 BALLOT A CONTINUATION OF THE EMERGENCY MEDICAL CARE AND SERVICE TAX LEVY FOR A SlX-YEAR PERIOD (#AB03-134): Fire Chief Al Duke, stated that the Bremerton Fire Department provides Emergency Medical Care to the citizens of Bremerton. The "Rescue One" program is funded through a property tax of $0.50 per thousand of assessed valuation. The property tax has to be renewed every 6 years. This is not a new tax, but a continuation at the same rate approved in 1997. Before the City Council is the Resolution to place this measure on the September 16th ballot. There were no comments from the public. #0360 M/S/C/U (Shepherd/McConnell) Move to approve Resolution No. 2895. President Arends established that to meet legal requirements, statements both "for" and "against" need to be provided for this ballot measure. Therefore, citizens who would like to volunteer their time to submit a statement approximately one-paragraph in length are asked to call the Bremerton City Council office at 478-5280. 9B - PUBLIC HEARING AND RESOLUTION NO. 2897, REGARDING SURPLUS AND SALE OF PUBLIC UTILITY PROPERTY (#AB03-t35): Gene Sampley, Public Works & Utilities Director, explained that the City has received an offer from the Kitsap Square Dance Association to purchase certain public utility property. The property is not currently used for public utility service nor will it be required for providing public utility service in the future. The offer to purchase the property is fair-market value, and the City and greater community would be better served by the surplus and sale of the property. Several citizens were in attendance to express their support for this proposal. #0600 M/S/C/U (Maupin/Olsen) Move to approve Resolution No. 2897, declaring the public utility property surplus, approving a negotiated sale of the property pursuant to BMC 2.78.030(e) to the Kitsap Square Dance Association, approving the purchase and sale agreement and authorizing the Mayor to execute any and all documents necessary to close the transaction. TAPES # 1901 & #1902 City Council Reg. Mtg. Minutes July 23, 2003 Page 5 of 5 9C - PUBLIC HEARING AND RESOLUTION NO. 2898, AUTHORIZING AN INTERFUND LOAN TO THE CONFERENCE CENTER FUND FROM THE EQUIPMENT RENTAL AND REVOLVING FUND (#AB03-136): Michael Wilsor~, Finance Director, summarized that the Conference Center needs interim financial resources in the amount of $300,000 to pay for the conference center management company (Columbia Hospitality) for operating expenses. Interim funding is needed until such time the conference center generates sufficient case to repay such debt obligation or an alternative plan for repayment has been developed within the Fiscal Year 2004 budget. This loan shall be repaid to the Equipment Rental Reserve Fund on or before October 1, 2004. Future cash flow and capital expense needs for the Conference Center beyond this initial $300,000 loan will be addressed in the Conference Center Fiscal Year 2004 Budget. There were no comments from the public. Mr. McConnell asked questions on future funding from Lodging Tax monies. Mr. Wilson responded that plans are to request funds from the Lodging Tax Committee. #0935 MISICIU (YoungedMcOonnell) Move to approve Resolution No. 2898 authorizing the Director of Finance to make an interfund loan from the Equipment Rental Reserve Fund (Fund 510) to the Conference Center Fund (Fund 410) in the amount not to exceed $300,000. t0A - EXECUTIVE SESSION (#AB03-'135): Simon Stoker, Assistant City Attorney, explained that an Executive Session was held to discuss "POTENTIAL LITIGATION" per R.C.W. Chapter 42.30.110 (1)(i). There were no comments from the public. #0970 M/S/C/U (Short/McConnell) Move to authorize the City Attorney to file a lawsuit for negligence and breach of contract against Dr. Bonny Westlake and the Wheaton Way Veterinary Clinic, Inc. for dental work performed on City Police Dog "KG". With no further business, the regular meeting of the City Council was adjourned at 8:15 P.M. Prepared and Submitted by: LORI SMITH Legislative Assistant Attest: PAULA JOHNSTON, Deputy City Clerk CAROL ARENDS, City Council President City of Bremerton CNP JIIslcge DATE SUBMITTED: July 30, 2003 BILL # AGENDA BILL CITY OF BREMERTON 3b CITY COUNCIL SUI~IECT: Bid Award for Restroom Committee Meeting Date: August ~,, 2003 Renovation for Sheridan Park Rehabilitation COUNCIL MEETING Date: AuSust 13, 2003 Department: Parks & Recreation Presenter: Jodi Wroblewski Phone: 473-5429 SUMMARY: Bids were opened on Monday, July 28, 2003 for the restroom renovation of the Sheridan Park Community Center. A total of one (1) bid was received for this project. (See attached Bid Opening List) The low bid was received from Loft Leite, Women's Work Construction, of Colby, Washington for the lump sum bid ors 36,700.00. The total contract amount, including WSST is $ $ 39,819.50. ATTACHMENTS: ~' Bid Opening List ~ 2003 Budget for Capital Funding for Park Facilities Construction FISCAL IMPACTS (Include Budgeted Amount): None This bid is part of the Sheridan Park Community Center Rehabilitation project that has already been budgeted in Fund 112 (Park Facilities Co~truction), in the amount of $65,000 for 2003. APPROVALS: DEPARTMENT DIRECTOR: ,,.jc CItY ATTORNEY: ~'/~"~ i~ ~;~~~-~:?; F1NANCE DIRECTOR MAYOR: OPERATIONS: .~ .fi{ .x.~.-~z~4~.7_~_____~t_..,~__- CONSENT AGENDA COUNCIL PRESIDENT: RECOMMENDED MOTION: That the City Council approve the contract to Lori Leite, Women's Work Construction from Colby, Washington, for the restroom renovation of Sheridan Park Community Center, in the amount of :$ 39,819.50, including Washington State sales tax, and authorize the Mayor to execute the contract. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action 2003 BUDGET PARK DEVELOPMENT FUND AMENDED 2002 2003 CAPITAL PROJECTS: BUDGET BUDGET Evergreen Project 220,000 Cemetery Fencing 10,000 10,000 Cemetery Building Improvements 5,000 5,000 Cemetery Platting 10,000 10,000 Irrigation Projects (CIP) 8,069 15,000 Haddon Toilet 12,750 Tennis Court Resurfacing (ClP) 0 13,000 NAD - Demolish House/Build Picnic Area 0 Jarstad Rehabilitation (CDBG) 50,000 Sheridan Park Rehabilitation (CDBG) 65,000 ~ Senior Center Rehabilitation (CDBG) 35,000 Lions Coal Dock Repair 50,000 Turf Terra Machine (ClP) 10,000 Senior Center Floor Repair ' 5,0~0 Mower/Bagger 13,000 Power Vacuum for Boardwalk/Downtown 4,000 Lions Tennis Courts 250,000 Aerator 10,000 HVAC for Jarstad Pool 260,400 Rehabilitation of Boardwalk 500,000 Drag Package for infield Machines 5,000 Total Capital Projects 1,276,219 300,000 NON CAPITAL PROJECTS: Kitsap Lake Aquatic Weed Grant 10,000 42,000 Pendergast Improvements 11,000 Picnic Tables, Benches & Bleachers (CIP) 20,000 15,000 Ballfield Improvements (ClP) 15,000 10,000 Park Signs (CIP) 8,000 5,000 Playground Equipment (CIP) 25,000 35,000 Fencing Replacement (ClP) 10,000 10,000 Maintenance for Parking Lot 14,800 15,800 Restroom Rehabilitation (ClP) 50,000 Parks and Recreation Equipment Replacement (CIP) 5,000 Sheridan Basement Cleanup 15,000 Resurface Lions Walking Path 10,000 Unidentified Capital (ClP) 11,840 26,000 Total Non Capital Projects 125,640 238,800 Pendergast Lease Payment 20,496 20,497 Loan Payment to Equipment Rental 33,300 33,301 Ending Cash 0, 302.259 TOTAL FUND 1.455.655 894.857 ! 66 DATE SUBMIrrED: July 28, 2003 BILL It ~3 'l'~'~ AGENDA BILL CITY OF BREMERTON 3 6 CITY COUNCIL SUBJECT: Bid Award to Whitney Committee Meeting Date: August 5, 2003 Equipment Inc.for two new pumps for Pump COUNCIL MEETING Date: August 13, 2993 Station EB-3. Department: PW & U/Wastewater Presenter: Pat Coxon, WWTP Mgr Phone: 473-5448 SUMMARY: This bid award is for the purchase of two new chopper pumps for Pump Station EB-3. These pumps were required due to the changes that have occurred in the discharge head at the pump station. These changes were due to the improvements to the Trenton/Cherry Basin CSO. The Engineer's estimate was $38,000 to $39,000. PumpTech Inc. submitted the lowest bid, but it did not meet the required specifications and was deemed non-responsive. Whitney Equipment Inc.submitted the first responsive low bid price of $37,254.00 including tax and shipping, which is in line with the Utilities preliminary estimates. ATTACllMENTS: Bid Tabulation Sheet FISCAL IMPACTS (Include Budgeted Amount): The pump upgrade for Pump Station EB-3 was included in the Trenton/Cherry Basin CSO budget. APPROVALS: ~~ DEPARTMENT DIRECTOR: CITY ATTORNEY: ~"-~ ~ _~_~. ~_' CONSENT AGEND^ ~[~ OPERATIONS: ,~( . !) ~.f~. ,~ff'/~/~~ co cIL P Sn)Em: Z RECOMMENDED MOTION: That the City Council approves the award of the bid to Whitney Equipment Inc. for the purchase of two new chopper pumps for Pump Station EB-3, in the amount of $37,254.00 including tax and shipping, and authorize the Mayor to execute the same. DATE SUBMITI'ED: BILL # AGENDA BILL CITY OF BREMERTON '~ ~'~ .......... ...... .............. ..... 3 ..... ........ ......... .... .., SUBJECT: SUPPLEMENTAL Committee Meeting Date: AUGUST 5, 2003 AGREEMENT NO. 2, CDM - WESTSIDE COUNCIL MEETING Date: August 13, 2003 CSO TREATMENT FACILITY AND Department: Public Works & Util SEWER COMPREHENSIVE PLAN Presenter: John Poppe Phone: 1-360-478-2322 SUMMARY: Camp Dresser & McKee (CDM) is currently under a PSA for preparation of the City's Comprehensive Sewer Plan Update and Facility Plan and Design of the Westside CSO Treatment Facility. Additional environmental studies have been required to comply with EPA requirements for the project. Completion of this "Professional Services Agreement" is December 2003. ATTACHMENTS: SUPPLEMENTAL AGREEMENT #2 FISCAL IMPACTS (Include Budgeted Amount): Increase cost of completing the 2001 "Professional Services Agreement for Comp Plan and Facility Plan for the Westside CSO Treatment Facility" by $113,000". The funding for this incr ~ is included in the 2003 Budget. / APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: MAYOR: -- FISCAL/BUDGET: COUNCIL PRESIDENT RECOMMENDED MOTION: Staffrecommends approval of"SUPPLEMENTAL AGRF. F. MENT #2" WITH Camp Dresser McKee for $113,000. AGENDA STATUS: Consent New Business Old Business Ol~inml¢~ COUNCIL ACTION: [] Approve [] Deny [] Postpone [] No Action Resolution Public Hearing Information SUPPLEMENTAL AGREEMENT NO. 2 Project No.: 58238 Agency: City of Bremerton Name of Project: Wastewater Comprehensive Plan Update and Westside CSO Treatment Facility Plan City Contract No. 570 The City of Bremerton (City) and Camp Dresser & McKee Inc. (CDM) desire to supplement the standard Professional Services Agreement executed on October 31, 2001 and subsequently modified by Supplemental Agreement No. 1 and identified as City Contract No, 570 (Agreement). All provisions in the Agreement remain in effect except as expressly modified by this Supplemental Agreement as follows: L Scope is hereby amended, as shown in Exhibit "B", to adjust for required work performed and to be performed beyond the previously agreed scope. H. Term is hereby amended to provide for a termination date of December 31, 2003. Ill. Compensation is hereby amended, as shown in Exhibit "B", to increase total fees under this agreement by One Hundred Thirteen Thousand dollars ($113,000) from Six Hundred Fifty One Thousand Five Hundred Eighty Six Dollars ($651,586) to Seven Hundred Sixty Four Thousand Five Hundred Eighty Six ($764,586). The amounts for individual tasks may vary provided the total is within the not-to-exceed amount of this Agreement. 13 Concurrence with this Supplemental Agreement #2 to the changes as stated above is indicated by signature below. Camp Dresser & McKee Inc. City of Bremcrton Charles H. Bolton, Senior Vice President Cary Bozeman, Mayor DEPARTMENTAL APPROVAL W. Eugene Sampley, P.E. Director of Public Works & Utilities APPROVED AS TO FORM Roger Lubovich, City Attorney Attest: Paula Johnston, City Clerk DATE SUBMITTED: 7/25/03 BELL AGENDA BILL CITY OF BREMERTON 3 CITY COUNCIL SUBJECT: Berger/Abam Committee Meeting Date: August 5, 2003 Civil Engineer Contract COUNCIL MEET1NG Date: August 13, 2003 Public Safety Bond Projects Department: Admin Services Presenter: Kathleen McCluskey Phone: 473-5234 SUMMARY: The City issued an RFQ for Civil Engineer services for the Fire Station Headquarters and Police/Court Facility. We received 12 applications and interviewed three firms. The firm of Berger/Abam was unanimously selected by the interview team based upon their qualifications and experience. It was determined that there is an increased efficiency and direct value to the city using the same firm for both projects. The scope of services and fees are shown as contract Exhibit "A" Fire Station Headquarters and Exhibit "B" Police/Court Faclity. ATTACHMENTS: Professional Services Agreement FISCAL IMPACTS (Include Budgeted Amount): $27,945 Fire Headquarters $24,336 Police/Court Facility APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: OPERATIONS: ..¥fO~_._.~/.~_~ CONSENT AGENDA COUNCIL PRESIDENT: RECOMMENDED MOTION: Motton to approve the Professional Services Agreement with Berger/Abam in the amountof $$1,lSlto provide Civil Engineering services for the Fire Station Headquarters and Police/Court Facility projects and authorize the mayor to sign in substantially the same form as presented. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action PROFESSIONAL SERVICES AGREEMENT BERGER/ABAM ENGINEERS INC. PUBLIC SAFETY BOND PROJECTS The City of Bremerton ("City") and Berger/Abam ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services more specifically described in the "Scope of Work and Fees", attached hereto as Exhibit A - Fire Station Headquarters and Exhibit B - Police/Court Facility, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.H. of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibits A and B immediately upon execution of this Agreement. The parties agree that the work described in Exhibits A and B is to be completed as provided for in the work schedule stated, provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in section IX (A) of this agreement. IIL Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $52,281. Consultant's charges and bills shall conform to the fees shown in Exhibits A and B and incorporated herein by this reference. The Consultant shall submit regular billing statements showing percentage of work completed on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and Fee Schedule. Upon receipt of a conforming billing statement and written approval by the Department of Economic Development, the City will promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibits A and B. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibits A and B. Berger/Abam Public Safety Bond Projects Page 1 of 7 17 IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other Consultants. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-Consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-Consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement, except for that portion of the injuries and damages caused by the City's sole negligence. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. Berger/Abam Public Safety Bond Projects Page 2 of 7 VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-Consultants. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and employer's liability; and 3. Excess Liabili .ty insurance with limits not less than 1,000,000 limit per occurrence and aggregate. 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim. Any payment of deductible or self insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a "claims-made" basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant's insurance shall be primary insurance as respects the City and the City shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. Berger/Abam Public Safety Bond Projects Page 3 of 7 VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Seattle, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. C. Consultant to Maintain Records to Support Independent Consultant Status: On the effective date of this Agreement (or shortly thereafter), Consultant shall: 1. File a schedule of expenses with the Internal Revenue Service for the type of business Consultant conducts; 2. Establish an account with the Washington State Department of Revenue and other necessary state agencies for the payment of all state taxes normally paid by employers, register to receive a unified business identifier number from the State of Washington; and 3. Maintain a separate set of books and records that reflect all items of income and expenses of Consultant's business, all as described in the Revised Code of Washington (RCW) Section 51.08.195, as required to show that the services performed by Consultant under this Agreement shall not give rise to an employer- employee relationship between the parties which is subject to RCW Title 51, Industrial Insurance. Berger/Abam Public Safety Bond Projects Page 4 of 7 D. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. E. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Seattle, Washington as well as at the project sites. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. F. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. G. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H. Modification: This Agreement may only be modified by written instrument signed by both Parties. I. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address Consultant Address Kathleen McCluskey Berger/Abam 239 Fourth Street 2005 Fifth Avenue Bremerton, Wa. 98337 Seattle, Wa. 98121 J. Waiver: Failure to enforce any provision of this Agreement shall not bc deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. K. Non-Waiver of Breach: The failure of thc City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. Berger/Abam Public Safety Bond Projects Page 5 of 7 M. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. N. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. O. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII. 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 for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement may be terminated, at will, by either Party upon sixty (60) days notice to the other Party. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non-performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non-performing Party. Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. Termination shall be effective ten calendar days after Consultant's receipt of the written notice by certified mail. A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City Berger/Abam Public Safety Bond Projects Page 6 of 7 without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. CITY OF BREMERTON BERGER/ABAM By: Cary Bozeman By: its: Mayor Its: Date: Date: Approved as to form: Attest: Bremerton City Attomey City Clerk Department Approval: Kathleen McCluskey Administrative Services Director Berger/Abam Public Safety Bond Proiects Page 7 of 7 ~,3 Exhibit A City of Bromerton Fire Station Scope of Civil Engineering Services Basic Services Tasks The following tasks are itemized, based on the standard professional service agreement with the City of Bremerten: Task A Schematic Design Phase Develop civil design criteria with department of Economic Development and coordinate with City Planning and Construction Departments; review of the Architectural concept building layout and utility requirements; preliminary site grading design; determine storm and sewer connections to existing system; and develop preliminary cost estimate. Receive final approval from Department of Economic Development. Task B Design Development Phase Continue coordination through Department of Economic Development with Architect and Department of Public Works; develop Design Development level of civil drawings for site, demolition, grading, and utility plans; update the cost estimate based on the Design Development package; and provide outline specifications. Receive final approval from Department of Economic Development. Task C Construction Document Phase Provide the final civil engineering design, drawings, and specilications. Update the cost estimate per the final documents. Receive final approval from Department of Economic Development. Task D Bidding and Construction Phase To assist owner in answering bidding questions and issue added items if required; to review RFI questions if required; to review submittals; and to conduct any site v/sits (maximum of 3 visits) and coordinate construction by phone. Fee Schedule Civil Basic Services Task A Schematic Design Phase $4,192 Task B Design Development Phase $8,383 Task C Construction Document Phase $11,485 Task D Biddin~ and Construction Phase $3.885 Civil Total: $27,945 BERGER/ABAM Rates Project Manager $142.60 Senior Engineer $108.00 Junior Engineer $78.00 CAD Drafter $68.00 Reimbursable expenses are in addition to the above fees and will be invoiced at cost for such as reundtrip ferry fares to the city. Invoices will be submitted on a monthly basis based on percentage complete. Exkibit A Exhibit B City of Bremerton Police Courts Building Scope of Civil Engineering Services Basic ~ervices Tasks The following tasks are itemized, based on the standard professional service agreement with the City of Bremerten: Task A Schematic Design Phase Develop c/vii design criteria with the department of Economic Development and coordinate with City Planning and Construction Department~; review of the Arch/tectural concept bu/lding layout and utility requirements; prehminary site gradin~ design; determine storm and sewer connections to existing system; and develop preliminary cost estimate. Receive final approval from Department of Economic Development Task B Design Development Phase Continue coordination through Department of Ecanomic Development with Architect and Department of Public Works; develop Design Development level of civil drawings for site, demolition, grading, and utility plans; update the cost estimate based on the Design Development package; and provide outline specifications. Receive final approval from Department of Economic Development. Task C Construction Document Phase Provide the final civil engineering design, drawings, and specifications. Update the cost estimate per the final documents. Receive final approval from Department of Economic Development· Task D Bidding and Construction Phase To assist owner in answering bidding questions and issue added items if required; to review RFI questions if required; to review submittals; and to conduct any site.visits (maximum of 3 visits) and coordinate construction by phone.. Fee Schedule Civil Basic Services Task A Schematic Design Phase $3,650 Task B Design Development Phase $7,300 Task C Construction Document Phase $10,596 Task D Biddine and Construction Phase $2.790 Civil Total: $24,356 BERGER/ABAM Rates Project Manager $142.60 Sen/or Engineer $108.00 Jun/or Engineer $78.00 CAD Drafter $68.00 Reimbursable expenses are in add/tion to the above fees and will be invoiced at cost for such as roundtrip ferry fares to the city. Invoices will be submitted on a monthly basis based on percentage complete. Exhibit B City of Bremerilon - Fire Station L~r~ ~ ~t1~ ~ ' DATE SUBMITTED: 7/7/03 BILL # ~.~ -{ q '~ AGENDA BILL CITY OF BREMERTON ~ CITY COUNCIL SUBJECT: Real Estate Surplus and Sale Committee Meeting Date: ~ ~/I 3/03 COUNCIL MEETING Date: 7/23/03 Department: Economic Dev. Presenter: Kathleen McCluskey Phone: 473-5234 SUMMARY: The City owns two parcels of property on Oyster Bay Avenue shown on the attached parcel map. We have received an Earnest Money Receipt and Sale Agreement from Global Investments Limited, agent for Chuck & Joanne Ha~lwood. They have offered assessed value or appraised value, whichever is higher. The current assessed value is $17,600 per parcel. An appraisal is being performed. BMC 2.78.030 (e) provides for a negotiated sale in the event that the council finds that a unique development potential exists which creates benefits to the City and the greater community. Mr. Ha~elwood's property surrounds a number of paracels fronting Oyster Bay Avenue. It is his intent through his agent to acquire those parcels to expand and enhance his dealership as well as provide for visibility and beautification. ATTACEIMENTS: (1) Parcel Map; (2) Assessor Property Reprt and Value History; (3) Earnest Money Receipt and Sale Agreement. FISCAL IMPACTS (Include Budgeted Amount): $35,200 minimum at closing which will go to the Bremerton Utiity as these parcels were purchased as part of the prope~ies surrounding the Bremerton Wastewater Treatment Plant. APPROVALS: //~,~--Za~~ DEPARTMENT DIRECTOR: ~/v -~.~'~?~...~.5__~~ CITY ATTORNEY: :: . i'~ - O CTO : ....2 t ' ~ / /7 t..:' .. ,~ ~at.r,' ~<l,~..,, ·, 1~ if ~e~';d~c ~ -- ~ ~ OPE~TIONS: ~ [~ CO~C~ P~S~ENT: ~. ;~ ~COMMENDED MOTION: Motion to su~lus ~d sell ~o p~cels of City Utilitv o~ed prope~ on Oyster Bay Avenue to Global Investmems Limit~ by negotiated ~le for $20,000 per ~arce] at a total of $~0,000,~or both, and authorize the 8ayor to sign the e~rnest money ~flreement in substantia]ly the same form. COUNCIL ACTION: [] Approve [] Den5, [] Table [] Continue [] No Action Legend i~--i Pirc, ehl W H Street ~ W F Street :~iMER: This map ~ ~tended ~r d~ay ~ on~ a~ ~ not i~ded ~r [Click here to Print] Kitsap County Assessor's Property Report Page I of 1 Property Report Tax Account No. Process No. Situs Address [4S46--005-007-0005 111692540 I~NO ADDRESS FOUND I~!~ ~e ~y ('l~s: [111- Sin$1e family residence Parcel Information i a, Ci~tt~ :\~ [0010 1# of Buildings: [0 Jarlsdiction: [BREMERTON ]Acres: [.11 Sec-Twp-Rllg: [21 24N IE I ,~ ICity >~e:,gt:l>o~l~o(~:~[7100517 ]Account Status: IA - Active Last Inspected: [26-FEB-0~ Taxpayer Information Name: [BREMERTON CITY OF Mailing Address: [ http://kcwppub2.co.kitsap.wa.us/pls/ilisw/lis.online lis info_pkg.acct info?p_in_rp_acct_ ... 6/26/2003 Kltsap {;ounty Assessor's Value/'lax l-~story Page Iot I Value History Tax Account No. Process No. Sims Address [4546-005-007-0005 {11692540 Tax Land Value Improvement Total Value Taxable Assessed Year Value Value Annual Taxes 2004[ 17,600 ]. 0 ] 17,600 [ 0 I 0.00 20031 17,600I o[ 17,600[ 0I 0.00 20021 16,oooI 37,030 I 53,030 I 0 I 0.00 20011 16,000I 37,030 I $3,030 ] 0 [ 0.00 2000I 16,000I 35,340[ 51,340I 0 I 0.00 clo~e this ~dow http://kcwppub2.co.kitsap.wa.us/pls/ilisw/online lis info_pkg.tax histTp in rp acct_id=l... 6/26/2003 Kitsap County Assessor's Property Report Page 1 of I Property Report Tax Account No. Process No. Situs Address [4546-005-005-0007 ]11692524 I[NO ADDRESS FOUND Pi ~,p::~, Clils~ [111- Single family residence Parcel Information t",',, ~ o~.<-~:~, 10010 J# of Buildings:[0 Jurisdiction: IBREMERTON JAcres: [.11 Sec-Twp-Rng: 121 24N 1E ] Zgl;i~--' ICity Neigt~b~ilw >d 17100517 J Account Status: [A - Active Last Inspected:I2 -FE -o3 J Taxpayer Information Name: [BREMERTON CITY OF Mailing Address: [ http://kcwppub2.co.ldtsap.wa.us/pls/ilisw/lis.online lis info_pkg.acct info?p in_rp_acct ... 6/26/2003 K~tsap County Assessor's Value/laX I~SIOI3' Fage i o! I Value History Tax Account No. Process No. Situs Address [4546-005-005-0007 111692224 I[ Tax Land Value Improvement Total Value Taxable Assessed Annual Taxes Year Value Value 2004 17,600I 0I 17,600 I 0t 0.00 2oo~ 17,600I 0 I 17,600 ] 0I 0.00 2002 16,000 I 46,000 I 62,000 J 0 I 0.00 2001 16,000I 46,000I 62,000 I 0 I 0.00 2000 16,000t :19,~9oI 55,~9o I o I o.oo close this window http://kcwppub2.co.kitsap.wa.us/pls/ilisw/online lis info_pkg.tax hist?p in rp acct id=l... 6/26/2003 EARNEST MONEY RECEIPT AND SALE AGREEMENT This Agreement is hereby made and entered into on the date fully executed below, by and between CITY OF BREMERTON, hereinafter referred to as "Seller" and GLOBAL INVESTMENTS LIMITED, a Washington corporation, hereinafter referred to as "Pumhaser". Purchaser shall, within 5 days of the date of this Agreement, deposit the stun of $1,000.00 in escrow with PACIFIC NORTHWEST TITLE, hereinat~er referred to as Escrow Agent. Seller hereby agrees to sell and purchaser hereby agrees to purchase that certain real property commonly known as Lot 5 and Lot 7 of Block 5 of Ole Hanson's Navy Yard Addition, City of Bremerton, Kitsap County, Washington; tax parcel nos. 4546-005-005-0007 and 4546-005- 007-0005. Purchaser and Seller hereby authorize Escrow Agent to correct the foregoing legal description over their signatures. 1. Purchase Price: The purchase price shall be Forty Thousand and no/100 Dollars ($40,000.0O). 2. Payment of Purchase Price: The total purchase price shall be paid as follows: a. One Thousand and no/100 Dollars ($1,000.00) in the form of earnest money. b. Thirty Nine Thousand and no/100 Dollars ($39,000.00) in cash at the time of closing. 3. Contingencies: a. The obligation of the Purchaser to purchase the real property is contingent upon and subject to the following conditions: i. Purchaser to make inspections and investigations concerning the property, including but not limited to a survey, which cost shall be paid solely by the Purchaser. In the event these contingencies cannot be satisfied within 30 days from the date of this Agreement, the Purchaser shall have the right to cancel this Agreement and all earnest money shall be reflmded to the Purchaser. Provided, however, that all of these conditions are for the benefit of the Purchaser and may be waived in writing by the Purchaser. b. The obligation of the Seller to sell the real property is contingent upon and subject to the following conditions: i. City Council approval of this agreement within 30 days from the date of this agreement. 20280q66, ted Page 1 Earnest Money Receipt and Sale Agreement doc Rev, 8-5-03 3q 4. Cooperation: The Seller shall cooperate with the Purchaser regarding all aspects of this Agreement. 5. Inspections and Tests: The Purchaser shall have the right to enter upon the property, make inspections, conduct engineering studies, perfoma surveys, conduct tests and analyze the property in order to determine its suitability for the needs of the Purchaser. 6. Title: The title to the property shall be flee and clear of all encumbrances or defects at closing except those specifically approved in writing by the Purchaser. For purposes of this agreement, the following shall not be deemed encumbrances or defects: rights reserved and federal patents or state deeds; building or use restrictions consistent with current zoning, and utility and road easements of record. Additionally, Purchaser agrees to execute and record against the property at closing an odor easement for the benefit of the Seller in substantially the same form as attached hereto as Exhibit "A". The payment of any encumbrances and assessments may be made from the funds available at closing. 7. Title Insurance: The Seller shall deliver to the Purchaser a commitment for title insurance from the PACIFIC NORTHWEST TITLE within fifteen (15) days of the date of acceptance of this Earnest Money Receipt and Sale Agreement by Seller. The commitment for title insurance shall be for a standard form purchaser's policy of title insurance. The title policy to be issued at the time of closing shall contain no exceptions other than those provided for in said standard form and those specifically approved in writing by the Purchaser. If title is not so insurable and cannot be made so insurable as of the date of closing, this transaction shall terminate and the earnest money shall be refunded to the Purchaser. Provided, however, that the Purchaser may waive any defects in title and elect to purchase. 8. Conveyance: Title shall be conveyed by Statutory Warranty Deed containing no exceptions except those as noted in Section 6 above and except those specifically approved in writing by the Purchaser. 9. Closing: This transaction shall be closed in the offices of PACIFIC NORTHWEST TITLE which shall be the Escrow Agent. The date of closing shall be on or before October I, 2003. Prior to closing the Seller and the Purchaser shall deposit in escrow with the closing agent all instructions, instruments and monies necessary to close this transaction. The real property taxes shall be prorated as of the date of closing. The Seller shall pay the title insurance premium, excise tax, its recording fees and one-half of the escrow fee. The Purchaser shall pay its recording fees and one-half of the escrow fee. 10. Possession: The Purchaser shall be entitled to possession on the date of closing. 11. Default: In the event of any default by the Seller, the earnest money shall be refunded to the Purchaser unless the Purchaser elects to institute suit to enforce this Agreement, in which case the earnest money shall be held in the Registry of the court pending resolution of the suit. In the event of any default by the Purchaser, the Seller shall retain the earnest money deposited herewith as liquidated damages. Said forfeited earnest money shall be the sole remedy of the Seller and the Seller shall make no further claim or seek any further relief against the Purchaser. 12. Binding Effect: This Agreement shall be binding upon and inure to the benefit of the 20280-166, ted Page 2 Earnest Money Receipt and Sale Agreement,doc heirs, executors, successors and assigns of the parties hereto. Provided, however, that this Agreement shall not be assignable by either party without the express prior written consent of the other party which shall not be unreasonably withheld. Each party warrants that it has the authority to enter into this Agreement and said Agreement to be binding on the respective party. 13. Notices: Any and all notices between the parties hereto shall be in writing and shall be sent by certified mail, return receipt requested or personally delivered. 14. Governing Law: This Agreement shall be governed and applied in accordance with the laws of the State of Washington. 15. Jurisdiction and Venue: In the event any lawsuit shall be brought in connection with this Agreement, the parties hereto hereby agree that jurisdiction and venue of such lawsuit shall properly lie in Kitsap County, Washington. 16. Attorney Fees and Court Costs: In the event any lawsuit is instituted in connection with this Agreement, the prevailing party shall be entitled to judgment for its reasonable attomey fees and costs as determined by the court at both the trial and appellate levels. 17. Time: Time is expressly made of the essence of this Agreement. 18. Entire Agreement: This Agreement constitutes the entire understanding of the parties with respect to the property. There are no verbal or other arrangements which modify or affect this Agreement. 19. Titles: The titles used on the paragraphs in this Agreement are for information purposes only. 20. Absence of Commissions: Each party represents and warrants to the other party that there are no real estate commissions payable in connection with this transaction. 21. Offer to Purchase: The Purchaser hereby offers to purchase the property on the terms and conditions stated herein. This offer is made subject to the approval of the Seller by midnight of August 31, 2003. In the event that the Seller does not accept this offer within the aforementioned time, this transaction shall be null and void and of no force or effect whatsoever. DATED: August .:-~T~2003. PURCHASER: Address~' P.O. Box 5479 Bremerton, WA 98312 Phone: (360) 265-0391 20280-166, ted Page 3 Earnest Money Receipt and Sale Agreement.doc Rev. §-5-03 3~ The Seller hereby agrees to sell the property on the terms specified herein. DATED: August ,2003 SELLER: CITY OF BREMERTON By: Cary Bozeman Title: Mayor Address: 239 Fourth Street Bremerton, WA 98337 Phone: (360) 473-5345 R:~LEGAL~Files\Current Active Files\Oyster Bay Lots~Eamest Money-final.doc 20280-166, ted Page 4 Earnest Money Receipt and Sale Agreement.doc Rev. 8-5-03 37 Return Address: City Clerk City of Bremerton 239 Fourth Street Bremerton, WA 98337 AUDITOR/RECORDER'S INDEXING FORM Document Title(s): 1. Odor Easement Reference Number(s) of Documents assigned or released: N/A Grantor(s): ]. [] Additional names onpage of document. Orantes(s): 1. The City ofBremerton [] Additional names onpage of document. Legal Description: (abbreviated) of document. [~_so~s Property Tax Parcel/Account Number: I Project Name: ODOR EASEMENT (Corporate) THIS INSTRUMENT made this __ day of , 200 , by and between (hereinafter "Grantor") and the CITY OF BILEMERTON, a Washington municipal corporation of Kitsap County, State of Washington (hereinafter "Grantee"). WITNESSETH that Grantor for and in consideration of mutual benefits derived and/or other valuable consideration, receipt of' which is hereby acknowledged by Grantor, do by these presents grant, bargain, sell, convey, and eon firm forever unto Grantee, its successors and/or assigns, an odor easement for air emissions from the Wastewater Treatment Plant on or over the following described property situated in Kitsap County, Washington, more particularly described as follows: SEE EXHIBIT" "ATTACHED ODOR EASEMENT (Corporate) - Page 1 of 3 EXHIBIT A This easement shall be a covenant running with the land, and shall bind Grantor's successors and assigns and all furore owners of the real property affected by this easement. GRANTOR: By: Its: DATE: STATE OF WASHINGTON ) COUNTY OF KITSAP ) On this_ day of ,200 , before me a Notary Public in and for the State of Washington, personally appeared to me known to be the of ., a corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act and deed of the corporation, for the uses and proposes mentioned in this instrument, and on oath stated that he/she/they was/were authorized to execute said instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires APPROVED AS TO FORM: ROGER A. LUBOVICH City Attorney R:\LEGAL\FormsXEasements\Odor Easement Form (Coq~orate),doc ODOR EASEMENT (Corporate) - Page 2 of 3 EXItlBIT A DATE SUBMITTED: July 31, 2003 BILL # t~ '~ - i ~ AGENDA BILL CITY OF BREMERTON /~ ~m~ CITY COUNCIL SUBJECT: Establishment of the position of Committee Meeting Date: August 5, 2003 Finance Officer within the Finance COUNCIL MEETING Date: August 13, 2003 Department Department: Finance Department Presenter: Michael R. Wilson Phone: 473-5590 SUMMARY: The most pressing issue within the Department Finance is to fill a replacement position within the Department through the creation of the Finance Officer position. In addition to positions being cut in the Department of Administrative Services and Finance in the past, the Finance Department has operated for nearly a year without adequate staffing. The City has filled some of this void with a temporary contract accountant position; however, this position will expire in September and we will not be able to fill it with another temporary position. This has placed a tremendous burden on the Assistant City Treasurer and Accounting Clerks. In addition, the Finance Department has now assumed the responsibility for managing the financial affairs of the new Conference Center and Parking Garage, Government Center and numerous other accounts and funds.. ATTACHMENTS: July 31, 2003 Memorandum; 2) Finance Officer job description FISCAL IMPACTS (Include Budgeted Amount): Based on the Council's approval of the 2003 Budget Amendment, no fiscal impact or adjustment is anticipated within the Department of Finance's budget this year. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: x_~~- ~~ . FINANCE DIRECTOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: :5;~: r ,,, (; .; ~ c. ~ ~,.':: ~: ~.. ~ __ RECOMMENDED MOTION: I move to approve the establishment of the position of Finance Officer with the Department of Finance and further approve the attached job description and salary for the position at pay band 16. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action Department of Finance 239 Fourth Street, Bremerton, WA 98337 Telephone: 360-478-5590 Fax: 360-478-5200 mwilson~ci, bremerton, wa. us Michael R, Wilson, Director of Finance TO: Carol Arends, Council President Bremerton City Council members / FROM: MichaelR. Wilsc[n. It&· - -x Director ofFinan~~''' Y SUBJECT: Administrative Services and Finance Organization DATE: July 31, 2003 The action taken by the City Council last evening to not approve the proposed reorganization of the Departments Administrative Services and Finance has left this organization function at a status quo level until the upcoming budget session or unless we bring "individual" organizational or personnel issues back the Council for resolution. The most pressing issue which can not wait until the 2004 budget process, ho~ever, is the crisis we are facing with the expiration of our temporary contract accountant services. In addition to the Finance and Administrative Services Department absorbing staffcuts from its budgets over the past years, the Finance Department has operated fbr nearly a year without a key accountant position. The City has filled some of this void with a temporary contract accountant. This position, however, will expire in September and we will not be able to fill it with another temporary position. This interim "fix" within Finance has placed a tremendous strain on the Assistant City Treasurer and Accounting Clerks. Furthermore, the Finance Department has recently assumed the additional responsibilities of managing the financial welfare of the new Conference Center and Parking Garage and is also handling the accounting for a nex~ LID, Government Center, Public Safety bond projects, and numerous other accounts and funds. As a result, it is our proposal that the City Council approves a replacement position within the Finance Department to be filled through the creation of the position of Finance (?~c'er at a salary band 16. CITY OF BREMERTON JOB DESCRIPTION POSITION TITLE: Finance Officer DEPARTMENT: Finance DIVISION: Finance SALARY: Range 16:$5,412 - 6,593 DATE: July, 2003 GENERAL FUNCTION Under general direction of the Director of Finance, performs complex professional, administrative and technical accounting and finance duties or functions in maintaining the fiscal records and systems of the City. Plan, organize, control and direct the day to day financial operations of the City including budget, accounting, financial reporting, debt issue and management, cash and investment management, capital improvement program, utility rate- making, financial analysis and modeling of current and potential City activities and projects. REPRESENTATIVE ESSENTIAL DUTIES AND RESPONSIBILITIES · Provides financial support, advice and guidance to all departments o£the City. · Assists in the preparation and monitoring of the annual City budget, development of the capital improvement program, and assessment of the annual revenue estimates for use in the annual budget. · Oversees and coordinates the City's financial reporting efforts, including coordinating the preparation and production of the City's CAFR (Comprehensive Annual Financial Report), State BARS (Budgeting, Accounting and Reporting System) reports, and other financial surveys and reports. · Manages the daily investment and cash position of all City funds to ensure that investment returns are maximized to the extent consistent with the City's investment policies. · Assists in planning and directing the analysis necessary for the setting and implementation of rates for the City's utilities through the public and political process. · Supervises, evaluates and directs the work of Finance department employees. · Directs the City's accounting and reporting operations, including maintaining its accounting systems, establishing and maintaining internal financial controls, preparing all required financial reports, conducts internal audits, all in accordance with sound business practices, applicable City ordinances/resolutions, State laws, and GAAP (Generally Accepted Accounting Principles). · Directs the development and maintenance of the City's cash receipting and disbursement systems, including accounts receivables, centralized cashiering, accounts payable, payroll, non-expense disbursements, travel advance, debt service, LID accounting, and other finance and accounting related systems. · Demonstrate the effects of alternative decision options using financial modeling, studies and analysis. · Prepares various State, Federal and other agency reports and ensures that payments made are in compliance with State and Federal statutes and regulations. · Works with the State Auditor during the annual audit of the City to ensure the City's compliance efforts. · Ensures that the City's accounting structure complies with State BARS. · Trains, develops, directs and evaluates Finance Department staff to: 1) help expedite work flow and to improve efficiency and effectiveness of department operations; 2) achieve their individual goals; 3) foster teamwork; 4) collectively achieve the depart- ment's mission; and 5) lead to employees' growth and accountability for their actions. KNOWLEDGE~ SKILLS AND ABILITIES (Entry Requirements) Knowledge of: · State BARS and general state and federal laws regulating the financial activities of Washington municipalities · In-depth knowledge of generally accepted accounting and auditing principles, theory and practices, as well as financial analysis and reseamh techniques. · The bond market and forces affecting the price of fixed income securities · Mastery of municipal accounting and budgetary principles, practices, operations and procedures. · General business and financial practices needed to operate effectively in the City's general business environment. Ability to: · Analyze complex and interrelated financial functions and planning programs to promote accuracy and compliance with laws and financial management standards, and to produce information which will assist the City in achieving its objectives and overall mission. · Purchase and sell fixed income securities to maximize the City's financial return within an acceptable level of risk and liquidity · Communicate effectively both verbally and in writing, and maintain quality working relationships with other City employees and the public during the course of work. Tact, patience and courtesy are needed, as well as the ability to effectively communicate technical concepts to lay people. · Manage multiple complex financial assignments and to allocate resources effectively · Be proficient with PC and financial systems application software Assist in the preparation of budgets, analyses, reports and recommendations. · Establish and execute complex oral and written instructions and to apply available guidelines to various situations. · Quickly grasp technical financial principles and procedures, and to carry on more than one function at a time in an environment subject to many distractions. · Plan and organize and to meet rigid schedules and demanding time-lines. QUALIFYING EDUCATION AND EXPERIENCE (Minimum Requirements) Four year degree in business, accounting, finance or closely related field and six years increasingly responsible work experience with five years in a supervisory or administrative capacity. Public accounting experience and MBA, MPA or CPA highly desirable. PHYSICAL REQUIREMENTS Work requires frequent sitting and standing, the ability to operate office machines including telephone, fax, computer terminal and copy machine, and occasional lifting over 30 pounds. Occasional presentations require public speaking ability and the use of andio visual equipment. Frequent automobile and occasional air travel are required. WORKING CONDITIONS Work is primarily performed in an office environment. Occasional public presentations of complex and sometimes controversial information are required. Frequent evening and occasional weekend meetings are required. Frequent local travel and occasional in state and out of state travel required. LEGAL AND REGULATORY EMPLOYMENT CONDITIONS · Fair Labor Standards Act: The classification is exempt under the laws of fair Labor Standards Act minimum wage and overtime provisions. · Representation: Non-represented · Civil Service: The classification is excluded in the City's Civil Service System. · Appointment and Removal Authority: This position is filled by appointment of the Finance Director and removal is at the will of the Finance Director in conformance with procedures established by the City. This classification specification does not constitute an employment agreement between the City and employee. It is subject to change by the City as the needs of the City and requirements change. DATE SUBMITTED: Jul5 15, 2003 BILL AGENDA BILL CITY OF BREMERTON 8 C CITY COUNC1L SUBJECT: Professional Services Committee Meeting Date: July 22, 2003 Agreement - Design of Downtown COUNCIL MEETING Date: July 30, 2003 Pedestrian/BTC Access Improvements Department: PW&U Presenter: Gene Sampley Phone: 5315 SUMMARY: As a consequence of Bremerton's Downtown economic development efforts, the City needs to reroute exiting ferry traffic through its downtown core and has secured federal funding for the design of the Downtown Pedestrian/BTC Access Improvements. Exeltech Consulting Inc., has been selected from qualified engineering firms to provide engineering and environmental consulting services for this project and a professional services agreement (PSA) has been negotiated for the required services for Design of Downtown Pedestrian/BTC Access Improvements in the amount of $3,885,804 with a Management Reserve of $39,888 for a total authorized amount of $3,925,692.00. It is recommended City Council approve eXecution of the attached PSA ATTACHMENTS: (1) Project Summary (2) Professional Services Agreement FISCAL IMPACTS (Include Budgeted Amount): This project is included in the 2003 amended budget. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: ECON DEV. DIRECTOR MAYOR: FISCAL~UDGET: ]' / -/ - CO~CIL P~SIDENT: . ~COMMENDED MOTION: I move that City Council approve the Professional Semices Agreement with Exeltech Consulting Inc. for Design ofDowmown Pedestfia~TC Access Improvements for a total authorized amount of $3,925,692.00 and authorize the Mayor to finalize and execute the same. Attachment (1) PROJECT SUMMARY Professional Services Agreement - Design of Downtown Pedestrian/BTC Access Improvemems The Downtown Pedestrian/BTC Access Improvements are needed as a consequence of Bremerton's revitalization and economic development efforts. The City of Bremerton is the lead agency for this federally funded project. Bremerton's project partners include Kitsap Transit, U.S. Navy, Federal Highway Administration, Federal Transit Authority, Washington State Department of Transportation, and Washington State Ferries. Currently, vehicular access to the Bremerton Transportation Center (BTC)/Washington State Ferry is from Pacific Avenue to 1a Street; exiting ferry traffic is routed down Washington Avenue. With development of the Bremerton Conference Center and many other waterfront properties along Washington Avenue, together with Maritime Park by the City and Heritage Park by the Navy, a substantial increase in pedestrian traffic will be generated in Bremerton's downtown urban core. The existing flow of exiting ferry traffic presents an obstacle to beneficial and safe use of the downtown area and needs to be rerouted. Under Phase I of this project, various alternatives were developed and evaluated to provide the needed relief to the urban environment. A preferred alternative has been selected for further study under the National Environmental Policy Act (NEPA) and implementation. Opportunity for public input during this process is an important aspect of the projects success. The City will proceed carefully by authorizing elements of the contract aher each milestone is achieved; i.e., successful environmental review and acceptance~ The Phase II work to be performed by the consultant consists of preparing NEPA Environmental Assessment (EA), preliminary engineering, right of way acquisition and relocation services, final design (Plans, Specifications & Estimate) and construction management for improvements to pedestrian and vehicular access, within the downtown Bremerton core, with the BTC. The proposed improvements include a ferry exit tunnel, roadway reconstruction and realignment, transit enhancements, channelization, signalization, sidewalk and streetscape improvements, illumination, landscaping and utility modifications. As noted above, work by the consultant will be authorized and managed by Task; i.e., NEPA and preliminary engineering will be performed first. Subject to City approval, right-of-way acquisition and final design will be authorized; then, construction management. Assuming an August 2003 start date, the NEPA EA with preliminary engineering will be complete in January 2005 with construction beginning summer 2005 and completed in the spring of 2006. Federal funds in the amount of $1.5 million ~ zero °A match and $4.7 million ~ 20% match have been secured for initial studies and design for this project. The total estimated cost for these improvements is approximately $27,000,000. Construction will be funded through 2005 and 2006 federal appropriations. ! Consultant/Address/Telephone Local Agency EXELTECH CONSULTING, INC Standard Consultant 2627A Parkmont Lane SW Ag reement Olympia, WA 98502 Agreement Number (360) 357-8289 Federal Aid Number Project Title And Work Description Downtown Pedestrian/Bremerton Agreement Type (Choose one) Transportation Center Access Improvements [] Lump Sum Lump Sum Amount $ [] Cost Plus Fixed Fee Overhead Progress Payment Rate ]62.35 % DBE Participation Overhead Cost Method []Yes [] No 54.46 % [] Actual Cost WBE Participation []Yes []No 1.67 % [] Actual Cost Not To Exceed % Federal ID Number or Social Security Number [] Fixed Rate % 91-1491880 Fixed Fee $ Do you[]requireyes []a 1099No for IRS? Completion Date [] Specific Rates Of Pay [] Negotiated Hourly Rate Total Amount Authorized $ 3,885,804.00 [] Provisional Hourly Rate Management Reserve Fund $ 39,888.00 [] Cost Per Unit of Work Maximum Amount Payable $ 3,925,692.00 THIS AGREEMENT, made and entered into this day of between the Local Agency of City of Bremerton , Washington, hereinafter called the "AGENCY", and the above organization hereinafter called the "CONSULTANT". WITNESSETH THAT: WHEREAS, the AGENCY desires to accomplish the above referenced project, and WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT; and WHEREAS, the CONSULTANT represents that he/she is in compliance with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish Consulting services to the AGENCY, NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: DOT Form 140-089 EF Page 1 of 8 Revised 12/99 t.~ I All repot[s, PS&E materials, and other data, furnished GENERAL DESCRIPTION OF WORK to the CONSULTANT by the AGENCY shall be returned. All designs, drawings, specifications, The work under this AGREEMENT shall consist of documents, and other work products prepared by the the above described work and services as herein CONSULTANT prior to completion or termination of defined and necessary to accomplish the completed this AGREEMENT are instruments of service for this work for this PROJECT. The CONSULTANT shall PROJECT and are property of the AGENCY. Reuse furnish all services, labor and related equipment by the AGENCY or by others acting through or on necessary to conduct and complete the work as behalf of the AGENCY of any such instruments of designated elsewhere in this AGREEMENT. service, not occurring as a par~ of this PROJECT, shall be without liability or legal exposure to the II CONSULTANT, SCOPE OF WORK IV The Scope of Work and project level of effort for this TIME FOR BEGINNING AN D COMPLETION project is detailed in Exhibit "B" attached hereto, and The CONSULTANT shall not begin any work under by this reference made a part of this AGREEMENT. the terms of this AGREEMENT until authorized in III writing by the AGENCY. All work under this GENERAL REQUIREMENTS AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under All aspects of coordination of the work of this completion date. AGREEMENT, with outside agencies, groups or individuals shall receive advance approval by the The established completion time shall not be extended AGENCY. Necessary contacts and meetings with because of any delays attributable to the CONSULT- agencies, groups or individuals shall be coordinated ANT, but may be extended by the AGENCY, in the through the AGENCY. event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of The CONSULTANT shall attend coordination, GOD or governmental actions or other conditions progress and presentation meetings with the beyond the control of the CONSULTANT. A prior AGENCY or such Federal, Community, State, City supplemental agreement issued by the AGENCY is or County officials, groups or individuals as may be required to extend the established completion time requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior V to meetings requiring CONSULTANT participation. PAYMENT The minimum number of hours or days notice - The CONSULTANT shall be paid by the AGENCY required shall be agreed to between the AGENCY for completed work and services rendered under this and the CONSULTANT and shown in Exhibit "B" AGREEMENT as provided in Exhibit "C" attached attached hereto and made part of this AGREEMENT. hereto, and by this reference made part of this The CONSULTANT shall prepare a monthly AGREEMENT. Such payment shall be full compen- progress report, in a form approved by the AGENCY, sation for work performed or services rendered and that will outline in written and graphical form the for all labor, materials, supplies, equipment, and various phases and the order of performance of the incidentals necessary to complete the work work in sufficient detail so that the progress of the specified in Section II, "Scope of Work". The work can easily be evaluated. Goals for Disadvan- CONSULTANT shall conform with all applicable raged Business Enterprises (DBE) and Women portions of 48 CFR 31. Owned Business Enterprises (WBE) if required shall be shown in the heading of this AGREEMENT. Page 2 of 8 VI employees of the CONSULTANT only and not of the SUBCONTRACTING AGENCY, and any and all claims that may or might arise under any Workmen's compensation Act on The AGENCY permits subcontracts for those items behalf of said employees or other persons while so of work as shown in Exhibit G to this Agreement. engaged, and any and all claims made by a third party Compensation for this subconsultant work shall be as a consequence of any act or omission on the part of based on the cost factors shown on Exhibit G, the CONSULTANT's employees or other persons tached hereto and by this reference made a part of this while so engaged on any of the work or services AGREEMENT. provided to be rendered herein, shall be the sole The work of the subconsultant shall not exceed its obligation and responsibility of the CONSULTANT. maximum amount payable unless a prior written The CONSULTANT shall not engage, on a full or approval has been issued by the AGENCY. part time basis, or other basis, during the period of the Ali reimbursable direct labor, overhead, direct non- contract, any professional or technical personnel who salary costs and fixed fee costs for the subconsultant are, or have been, at any time during the period of the shall be substantiated in the same manner as outlined contract, in the employ of the United States Depart- in Section V. All subcontracts exceeding $10,000 in merit of Transportation, the STATE, or the cost shall contain all applicable provisions of this AGENCY, except regularly retired employees, AGREEMENT. without written consent of the public employer of such person. The CONSULTANT shall not subcontract for the performance of any work under this AGREEMENT VIII without prior written permission of the AGENCY. No NONDISCRIMINATION permission for subcontracting shall create, between The CONSULTANT agrees not to discriminate the AGENCY and subcontractor, any contract or any other relationship, against any client, employee or applicant for employ- ment or for services because of race, creed, color, VII national origin, marital status, sex, age or handicap EMPLOYMENT except for a bona fide occupational qualification with regard to, but not limited to the following: employ- The CONSULTANT warrants that he/she has not merit upgrading, demotion or transfer, recruitment or employed or retained any company or person, other any recruitment advertising, a layoff or terminations, than a bona fide employee working solely for the rates of pay or other forms of compensation, selection CONSULTANT, to solicit or secure this contract, and for training, rendition of services. The CONSULT- that it has not paid or agreed to pay any company or ANT understands and agrees that if it violates this person, other than a bona fide employee working provision, this AGREEMENT may be terminated by solely for the CONSULTANT, any fee, commission, the AGENCY and further that the CONSULTANT percentage, brokerage fee, gift, or any other consider- shall be barred from performing any services for the ation, contingent upon or resulting from the award or AGENCY now or in the future unless a showing is making of this contract. For breach or violation of this made satisfactory to the AGENCY that discrimina- warrant, the AGENCY shall have the right to annul tory practices have terminated and that recurrence of this AGREEMENT without liability, or in its discre- such action is unlikely tion, to deduct from the AGREEMENT price or consideration or otherwise recover the full amount of During the performance of this AGREEMENT, the such fee, commission, percentage, brokerage fee, gift, CONSULTANT, for itself, its assignees and or contingent fee. successors in interest agrees as follows: Any and all employees of the CONSULTANT or A. COMPLIANCE WITH REGULATIONS: The other persons while engaged in the performance of CONSULTANT shall comply with the Regula- any work or services required of the CONSULTANT tions relative to nondiscrimination in the same under this AGREEMENT, shall be considered manner as in Federal-assisted programs of the Page 3 of 8 Department of Transpodation, Title 49, Code of sive possession of another who fails or refuses to Federal Regulations, Part 21, as they may be furnish this information the CONSULTANT shall amended from time to time, (hereinafter referred so cer[ify to the AGENCY, or the United States to as the Regulations), which are herein incorpo- Depadment of Transportation as appropriate, and rated by reference and made a part of this shall set forth what effods it has made to obtain AGREEMENT. The consultant shall comply the information. with the American Disabilities Act of 1992, as amended. E. SANCTIONS FOR NONCOMPLIANCE: In the event of the CONSULTANT's noncompliance B. NONDISCRIMINATION: The CONSULTANT, with the nondiscrimination provisions of this with regard to the work performed by it during the AGREEMENT, the AGENCY shall impose AGREEMENT, shall not discriminate on the such sanctions as it or the Federal Highway grounds of race, creed, color, sex, age, marital Administration may determine to be appropriate, status, national origin or handicap except for a including, but not limited to: bona fide occupational qualification in the selec- 1, Withholding of payments to the CONSULT- tion and retention of subconsultants, including ANT under the AGREEMENT until the procurements of materials and leases of equip- ment. The CONSULTANT shall not participate CONSULTANT complies, and/or either directly or indirectly in the discrimination 2. Cancellation, termination or suspension of the prohibited by Section 21.5 of the Regulations, AGREEMENT, in whole or in part. including employment practices when the contract F. INCORPORATION OF PROVISIONS: The covers a program set forth in Appendix II of the Regulations. CONSULTANT shall include the provisions of paragraphs (A) through {G) in every subcontract, C. SOLICITATIONS FOR SUBCONSULTANTS, including procurements of materials and leases of INCLUDING PROCUREMENTS OF MATERI- equipment, unless exempt by the Regulations or ALS AND EQUIPMENT: In all solicitations directives issued pursuant thereto. The CON- either by competitive bidding or negotiation made SULTANT shall take such action with respect to by the CONSULTANT for work to be performed any subconsultant or procurement as the under a subcontract, including procurements of AGENCY or the Federal Highway Administra- materials or leases of equipment, each potential tion may direct as a means of enforcing such subconsultant or supplier shell be notified by the provisions including sanctions for noncompli- CONSULTANT of the CONSULTANT's ance; provided, however, that, in the event a obligations under this AGREEMENT and the CONSULTANT becomes involved in, or is Regulations relative to nondiscrimination on the threatened with, litigation with a subconsultant or grounds of race, creed, color, sex, age, marital supplier as a result of such direction, the CON- status, national origin and handicap. ULTANT may request the AGENCY to enter into such litigation to protect the interests of the D. INFORMATION AND REPORTS: The CONSULTANT shall provide all information AGENCY, and in addition, the CONSULTANT may request the United States to enter into such and reports required by the Regulations, or litigation to protect the interests of the United directives issued pursuant thereto, and shall States. permit access to its books, records, accounts, other sources of information, and its facilities as G. UNFAIR EMPLOYMENT PRACTICES: The may be determined by the AGENCY to be CONSULTANT shall comply with RCW pertinent to ascedain compliance with such 49.60.180. Regulations or directives, Where any information required of the CONSULTANT is in the exclu- Page 4 of 8 IX In the event of the death of any member, partner or TERMINATION OF AGREEMENT officer of the CONSULTANT or any of its supervi- The right is reserved by the AGENCY to terminate sory personnel assigned to the project, or, dissolution of the partnership, termination of the corporation, or this AGREEMENT at any time upon ten days written disaffiliation of the principally involved employee, notice to the CQNSULTANT. the surviving members of the CONSULTANT hereby In the event this AGREEMENT is terminated by the agree to complete the work under the terms of this AGENCY other than for default on the part of the AGREEMENT, if requested to do so by the CONSULTANT, a final payment shall be made to the AGENCY. The subsection shall not be a bar to CONSULTANT as shown in Exhibit F for the type of renegotiation of the AGREEMENT between the AGREEMENT used. surviving members of the CONSULTANT and the AGENCY, if the AGENCY so chooses. No payment shall be made for any work completed after ten days following receipt by the CONSULT- In the event of the death of any of the parties listed in ANT of the Notice to terminate. If the accumulated the previous paragraph, should the surviving members payment made to the CONSULTANT prior to Notice of the CONSULTANT, with the AGENCY's concur- of Termination exceeds the total amount that would rence, desire to terminate this AGREEMENT, be due computed as set forth herein above, then no payment shall be made as set forth in the second final payment shall be due and the CONSULTANT paragraph of this section. shall immediately reimburse the AGENCY for any excess paid. Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any If the services of the CONSULTANT are terminated remedies of any type it may have against the CON- by the AGENCY for default on the part of the CON- SULTANT for any breach of this AGREEMENT by SULTANT, the above formula for payment shall not the CONSULTANT, or for failure of the CONSULT- apply. In such an event, the amount to be paid shall be ANT to perform work required of it by the determined by the AGENCY with consideration AGENCY. Forbearance of any rights under the given to the actual costs incurred by the CONSULT- AGREEMENT will not constitute waiver of entitle- ANT in performing the work to the date of ment to exercise those rights with respect to any termination, the amount of work originally required future act or omission by the CONSULTANT. which was satisfactorily completed to date of termina- tion, whether that work is in a form or a type which is X CHANGES OF WORK usable to the AGENCY at the time of termination; the cost to the AGENCY of employing another firm The CONSULTANT shall make such changes and to complete the work required and the time which revisions in the complete work of this AGREEMENT maybe required to do so, and other factors which as necessary to correct errors appearing therein, when affect the value to the AGENCY of the work per- required to do so by the AGENCY, without additional formed at the time of termination. Under no compensation thereof. Should the AGENCY find it circumstances shall payment made under this subsec- desirable for its own purposes to have previously tion exceed the amount which would have been made satisfactorily completed work or parts thereof using the formula set forth in the previous paragraph, changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This If it is determined for any reason that the CONSULT- ANT was not in default or that the CONSULTANT's work shall be considered as Extra Work and will be failure to perform is without it or it's employee's fault paid for as herein provided under Section XlV. or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY in accordance with the provision of this AGREEMENT. Page 5 of 8 Xl that nothing herein shall require a CONSULTANT to DISPUTES indemnify the AGENCY and the STATE against and hold harmless the AGENCY and the STATE from Any dispute concerning questions of fact in connec- claims, demands or suits based solely upon the tion with the work not disposed of by AGREEMENT conduct of the AGENCY and the STATE, their between the CONSULTANT and the AGENCY shall agents, officers and employees and provided further be referred for determination to the Director of Public that Jf the claims or suits are caused by or result from Works or AGENCY Engineer, whose decision in the the concurrent negligence of (a) the matter shall be final and binding on the parties of this CONSULTANT's agents or employees and (b) the AGREEMENT, provided however, that if an action is AGENCY and the STATE, their agents, officers and brought challenging the Director of Public Works or employees, this indemnity provision with respect to AGENCY Engineer's decision, that decision shall be (1) claims or suits based upon such negligence, (2) the subject to de novo judicial review, costs to the AGENCY and the STATE of defending Xll such claims and suits, etc. shall be valid and enforce- VENUE, APPLICABLE LAW AND able only to the extent of the CONSULTANT's PERSONAL JURISDICTION negligence or the negligence of the CONSULTANT's agents or employees. In the event that either party deems it necessary to institute legal action or proceedings to enforce any The CONSULTANT's relation to the AGENCY shall right or obligation under this AGREEMENT, the be at all times as an independent contractor, parties hereto agree that any such action shall be The CONSULTANT specifically assumes potential initiated in the Superior court of the State of Washing- liability for actions brought by the CONSULTANT's ton, situated in the county the AGENCY is located in, own employees against the AGENCY and, solely for The parties hereto agree that all questions shall be the purpose of this indemnification and defense, the resolved by application of Washington law and that CONSULTANT specifically waives any immunity the parties to such action shall have the right of appeal under the state industrial insurance law, Title 51 from such decisions of the Superior court in accor- RCW. The CONSULTANT recognizes that this dance with the laws of the State of Washington. The waiver was specifically entered into pursuant to the CONSULTANT hereby consents to the personal provisions of RCW 4.24.115 and was the subject of jurisdiction of the Superior court of the State of mutual negotiation, Washington, situated in the county in which the AGENCY is located in. Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of Xlll construction contracts, if any, on the project. Subject LEGAL RELATIONS AND INSURANCE to the processing of an acceptable, supplemental The CONSULTANT shall comply with all Federal, agreement, the CONSULTANT shall provide on-call assistance to the AGENCY during contract adminis- State, and local laws and ordinances applicable to the work to be done under this AGREEMENT. This tration. By providing such assistance, the AGREEMENT shall be interpreted and construed in CONSULTANT shall assume no responsibility for: accord with the laws of Washington. proper construction techniques, job site safety, or any construction contractor's failure to perform its work The CONSULTANT shall indemnify and hold the in accordance with the contract documents. AGENCY and the STATE, and their officers and employees harmless from and shall process and The CONSULTANT shall obtain and keep in force defend at its own expense all claims, demands, or during the terms of the AGREEMENT, or as other- wise required, the following insurance with suits at law or equity arising in whole or in part from the CONSULTANT's negligence or breach of any of companies or through sources approved by the State its obligations under this AGREEMENT; provided insurance Commissioner pursuant to RCW 48. Page 6 of 8 XlV Insurance Coverage EXTRA WORK A. Worker's compensation and employer's liability A The AGENCY may at any time, by written order, insurance as required by the STATE, make changes within the general scope of the AGREEMENT in the services to be performed, B. General commercial liability insurance in an amount not less than a single limit of one million B. If any such change causes an increase or decrease and 00/100 Dollars ($1,000,000.00) for bodily in the estimated cost of, or the time required for, injury, including death and property damage performance of any part of the work under this per occurrence. AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and Excepting the Worker's Compensation insurance and conditions of the AGREEMENT, the AGENCY any professional liability insurance secured by the shall make an equitable adjustment in the CONSULTANT, the AGENCY will be named on all (1) maximum amount payable; (2) delivery or certificates of insurance as an additional insured. The completion schedule, or both; and {3) other CONSULTANT shall furnish the AGENCY with affected terms and shall modi~ the AGREE- verification of insurance and endorsements required MENT accordingly. by this AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all C. The CONSULTANT must submit its "request required insurance policies at any time. for equitable adjustment" (hereafter referred to as claim) under this clause within 30 days from All insurance shall be obtained from an insurance the date of receipt of the written order. However, company authorized to do business in the State of if the AGENCY decides that the facts justify it, Washington. The CONSULTANT shall submit a the AGENCY may receive and act upon a claim verification of insurance as outlined above within submitted before final payment of the 14 days of the execution of this AGREEMENT to AGREEMENT. the AGENCY. D. Failure to agree to any adjustment shall be a No cancellation of the foregoing policies shall be dispute under the Disputes clause. However effective without thirty (30) days prior notice to nothing in this clause shall excuse the CQN- the AGENCY. SULTANT from proceeding with the The CONSULTANT's professional liability to the AGREEMENT as changed. AGENCY shall be limited to the amount payable E. Notwithstanding the terms and condition of under this AGREEMENT or one million dollars, paragraphs (a) and (b) above, the maximum whichever is the greater unless modified by amount payable for this AGREEMENT, shall Exhibit H. In no case shall the CONSULTANT's not be increased or considered to be increased professional liability to third padies be limited in except by specific written supplement to this any way. AGREEMENT. The AGENCY will pay no progress payments XV under Section V until the CONSULTANT has fully ENDORSEMENT OF PLANS complied with this section. This remedy is not exclu- sive; and the AGENCY and the STATE may take The CONSULTANT shah place his endorsement on such other action as is available to them under other all plans, estimates or any other engineering data provisions of this AGREEMENT, or otherwise in law. furnished by him. Page 7 of 8 XVI XVIII FEDERAL AND STATE REVIEW COMPLETE AGREEMENT The Federal Highway Administration and the This document and referenced attachments contains Washington State Department of Transportation all covenants, stipulations and provisions agreed upon shall have the right to participate in the review or by the parties. No agent, or representative of either examination of the work in progress, party has authority to make, and the parties shall not be bound by or be liable for, any statement, represen- XVll tation, promise or agreement not set forth herein. No CERTIFICATION OF THE CONSULTANT AND THE AGENCY changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and Attached hereto as Exhibit "A-1", are the signed by the parties as an amendment to this Certifications of the Consultant and the Agency, AGREEMENT. Exhibit "A-2" Certification regarding debarment, XlX suspension and other responsibili~ matters - primary EXECUTION AND ACCEPTANCE covered transactions, Exhibit "A-3" Certification regarding the restrictions of the use of Federal funds This AGREEMENT may be simultaneously executed for lobbying, and Exhibit "A-4" Certificate of Current in several counterparts, each of which shall be Cost or Pricing Data. Exhibits "A-3" and "A-4" are deemed to be an original having identical legal effect. only required in Agreements over $100,000. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the proposal, and the supporting materials submitted by the CONSULT- ANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof. in witness whereof, the parties hereto have executed this AGREEMENT as of the day and year first above written. ___ ~ ~' By Consultant Sa~'~osh .]. KuTu¥i]].a Agency Page 8 of 8 Exhibit A-1 Certification Of Consultant Project No. Local Agency I hereby certify that I am Santosh J. Kuruvilla, President and duly authorized representative of the firm of EXELTECH CONSULTING, INC whose address is 2627A Parkmont Lane SW, Olympia, WA 98502 and that neither I nor the above firm I here represent has: (a) Employed or retained for a commission, pementage, brokerage, contingent fee or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure this contract. (b) Agreed, as an express or implied condition for obtaining this contract, to employ or to retain the services of any firm or person in connection with carrying out the contract. (c) Paid, or agreed to pay, to any fa-m, organization or pemon (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution donation or consideration of any kind for, or in connection with procuring or carrying out the contract; except as here expressly stated (if any): 1 further certify that the firm 1 hereby represent is authorized to do business in the State of Washington and that the firm is in full compliance with the requirements of the board of Professional Registration. I acknowledge that this certificate is to be available to the State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this contract involving participation of Federal aid funds and is subject to applicable State and Federal laws, both criminal and civil. 7/11/2003 ~ Certification of Agency Official I hereby certify that I am the AGENCY Official of the Local Agency of City of Bremerton Washington and that the above consulting firm or their representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract to: (a) Employ or retain, or agree to employ or retain, any firm or person, or (b) Pay or agree to pay to any firm, person or organization, any fee, contribution, donation or consideration of any kind, except as here expressly stated (if any). I acknowledged that this certificate is to be available to the Federal Highway Administration, U.S. Department of Transportation, in connection with this contract involving participation of Federal aid highway funds and it subject to applicable State and Federal laws, both criminal and civil. S~n~um Exhibit A-2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph l.b. of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Consultant (Firm): EXELTECH CONSULTING, INC 7/11/2003 (D~e) Exhibit A-3 Certification Regarding The Restrictions of The use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 3 l, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Consultant (Firm): EXELTECH CONSULTING, INC Exhibit A-4 Certificate of Current Cost or Pricing Data This is to verify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section 15.401 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted, either actually or by specific identification in writing, to the contracting officer or to the contracting officer's representative in support of Downtown Ped/BTC Access Improvements * are accurate, complete, and current as of July 11, 2003 **. This certification includes the cost or pricing data supporting any advance agreements and forward pricing rate agreements between the offeror and the Government that are part of the proposal. Firm EXELTECH CONSULTING, INC Name Santosh J. Kuruvilla Title President Date of Execution*** * Identify the proposal, quotation, request for price adjustment, or other submission involved, giving the appropriate identifying number (e.g., RFP No.). ** Insert the day, month, and year when price negotiations were concluded and price agreement was reached. *** Insert the day, month, and year of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. Exhibit B-1 Scope of Services Downtown Pedestrian/Bremerton Transportation Center Access Improvements 7/18/03 1 Exhibit B-1 Scope of Services Table of Contents Scope of Services Downtown Pedestrian/Bremerton Transportation Center Access Improvements SCOPE AND BUDGET :[01 Prepare Scope and Budget :[02 Project Logistics :[03 Collection of Available Data :[04 General Assumptions PRO.1ECT MANAGEMENT 20:[ Project Management Guide 202 Monthly Progress Reports 203 Project Schedule Report 204 Coordination 205 Project Management Deliverables - Project Management Guide NEPA ENVIRONMENTAL ASSESSMENT 30:[ Prepare Environmental Classification 302 Update Preliminary Purpose and Need for Protect 303 Prepare and Carry Out Public [nvolvement/InformaUon Plan 304 Interview Businesses 305 Conduct Stakeholders Workshop 306 Meet with Resource Agencies 307 Publicize and Conduct Public Open House 308 Presentation to City Council 309 Prepare Discipline Reports and Biological Assessment 3:[0 Qualitative Evaluation of Non-Critical Environmental Elements 3:[~. Revise Biological Assessment and Discipline Reports 3:[2 Preliminary Environmental Assessment (EA) 313 Camera Ready EA 3:[4 Publicize and Conduct EA Public Open House / Hearing 3:[5 Prepare Response to Comments 3:[6 Prepare Revised EA 3:[7 Prepare Notice of EA~ Adopt EA for SEPA and FONSI Approval 3:[8 Publication of Documents 3:/.9 Environmental Permits PRELIMINARY DESIGN 300/0 40:[ Design Record 402 Develop Horizontal and Vertical Alignment Plans 403 Traffic Circulation Study 404 Roadway Sections 405 Structural Alternatives and T. S. & L. Study 406 Tunnel Support Systems 407 Surveying 408 Geotechnical Report 409 Hydraulic Analysis and Report 4:[0 Utilities Design Report 4:[:[ Right of Way 4:[2 Develop Design-Phase Public Information Plan 4:[3 Implement Design-Phase Public Tnformation Plan 2 Exhibit B-1 Scope of Services 4~.4 Preliminary Cost Estimates for Right of Way and Project 4~.5 Preliminary Design Deliverables 500. FI~NAL DESTGN AND PS&E 50! Description of Work 502 Preparation of Civil Plans 503 Preparation of Tunnel Plans 504 Tunnel Suppor~ Systems 505 Final Design and PS&E Deliverables 506 Specifications 507 Cost Estimating 508 Develop Construction-Phase Public Information Plan 600. CONSTRUCTION SUPPORTSERV~CES 700. QUALZTY ASSURANCE/QUALZI'Y CONTROL 70! Zntra-Znter Discipline QC Review 702 Calculations QC Review 703 Drawings QC Review 704 Specifications QC Review 705 Opinion of Probable Construction Cost QC Review 706 Document/Technical Reports QC Review 707 Construction Administration QC Review 708 Value Engineering 709 Constructability Review 800. WSF OFFZCE BUZLDZNG &TOLL BOOTHS 80! Review & Update Program Needs 802 Preliminary Design - WSF Office Building & Toll Booths 803 Final Design - WSF Office Building & Toll Booths ~18/03 3 Exhibit B-1 Scope of Services Scope of Services Downtown Pedestrian/Bremerton Transportation Center Access Improvements 100 SCOPE AND BUDGET 101 Prepare Scope and Budget The report and plans preparation work under this agreement consists of preparing an Environmental Assessment, Design Record, Hydraulic Report, Utility Report, Geotechnical Report, Preliminary Plans, Final Plans, Specifications and Estimates (P.S. & E.), Public involvement Plan, Public Information Plans, WSF Office and Toll Booth Plans, and Tunnel Plans. The services provided under this agreement will also include Project Management and Construction Support. It is the City's intent that the entire development from the Environmental Assessment through the final project closeout be included within this scope of services. Excluded is the determination of the Preferred Alternative, which is prior work. This project is on a fast-track schedule, and will construct a two-lane, one way cut-and-cover tunnel, approximately 1,100 feet total length, from the ferry off-loading area at the Washington State Ferries Bremerton terminal to a point approximately 200 feet west of Pacific on BurwelL The tunnel alignment is anticipated to be S-shaped, somewhat conforming to the alignment of surface streets Ist, Pacific, and Burwell. Grade is estimated as an approximately 2-2.5% rise from the tunnel entrance at the ferry terminal to the tunnel exit on Burwell. A major goal for this project is completion as early as possible, targeting open-to-traffic in fall to winter of 2005, where that range depends on subsurface conditions and funding. The project anticipates using one construction contract for retaining structure (piles), struts, and excavation, construction of the cut and cover tunnel and restoration of the surface streets, lighting, signing, landscaping, etc. Contract work will include demolition, grading, utilities, drainage, surfacing, paving, tunnel construction including lighting, ventilation and safety systems, traffic control, channelization, signals and signing, illumination, landscaping, and other work necessary to provide a completed project as described herein. The City will provide overall direction for the Project. The Consultant shall accomplish studies as may be pertinent and necessary as approved and requested by the City to provide information and recommendations on the features of the work and on various aspects of the design in order to achieve the most cost effective and appropriate project. When alternates are being considered, the City will have the right of selection. :1.02 Project Logistics The project development process requires that the City's project development personnel provide certain necessary support services to the Consultant. To facilitate an orderly and efficient preparation of contract documents, the Consultant will coordinate work with the City's project development office in Bremerton. The Consultant shall provide labor and services necessary to complete the work of this agreement, including supplies, equipment, incidentals and materials, except as designated elsewhere in this agreement, necessary to prepare and deliver to the City, items of work as designated in this Scope of Services. 103 Collection of Available Data Upon receipt of notice-to-proceed, the Consultant shall initiate the Project related activities as follows: 4 Exhibit B-1 Scope of Services A, Review pertinent information and technical data generated and provided to date by the City and other agencies. B. Assemble Project data available and identify that which is needed. C. Site visits D. Tour the Project with the City's staff and conduct a pre-operational orientation meeting (inclusive of site visit). E. Review as-built data, available pertinent information and technical data F. Confirm design criteria to be utilized in the development of the design G. Confirm procedures to be followed in connection with preparing and/or carrying out the public information plan and the public involvement plan. H. Other agency public information data assembly and procedures. Additional traffic data needed: A. Signal plans - opticom transit preemption B. Signal timing plans - fire preemption C. Synchro files relative to other development, Navy, etc. D. Parametrix Traffic Circulation Study with Synchro files E. Other pertinent information possessed by the City and/or WSDOT. Establishing the Project design criteria will be one of the key elements in the early-on work efforts. Design criteria and standards will be developed in accordance with AASHTO Guidelines, City of 0remerton Public Works Design Standard, LAG Manual for design criteria and standards, and WSDOT practices and procedures. These standards will include channelization requirements, design speed, side and back slopes, structural requirements, clearance windows, and traffic control requirements. Data collection items to be provided by the City will include (as available): A. As-Built Or As-Designated Roadway Plans B. City Street Standards C. Traffic Data D. Downtown Redevelopment Design And Criteria Standards E. Maintenance Data OmSite Problems F. Right-Of-Way Mapping G. Existing Survey Control Data H. Existing Environmental Documents T. Environmental Data 3. City-owned utility routing K. In addition to any technical documents/data that will assist in gaining familiarity with the project itself, the following information will be necessary to proceed with the public involvement, public information aspects of the project. L. Design plans for retaining wall(s) parallel to Burwell and Pacific M. Other Pertinent Project Data As May Be Available Data collection items (as available), which will be requested by the Consultant from other agencies, include: A. Gas, Power, Telephone, And TV Utility Routings (From Respective Utility Owner) B. School Bus Routes C. Emergency Vehicle Routes D. Local And Regional Transit Agencies E. Environmental Data F. Other Pertinent Project Data As May Be Available 5 Exhibit B-1 Scope of Services :[04 (~eneral Assumptions on Which This Scope of Work Is Based Phase 1 work done by others for development of the project includes several elements that will be provided to Exeltech Consulting prior to Notice to Proceed, including project records, base maps, cost estimates, design drawings, and all other pertinent materials developed under Phase I. These will serve as the baseline for development of the design and environmental analysis and documentation. A. Basic structure type will be a cast in place concrete or precast concrete Cut & Cover Tunnel B. Tunnel cross-section will be uniform "single cell configuration" except for tapering the width as required to accommodate the exit onto Burwell. C. No Right of Way (ROW) costs included D. Alignment nominally follows existing streets (minimal Right of Way acquisition) E. No Groundwater/soil liquefaction issues F. No allowances for art/artists G. Longitudinal venting will be used for tunnel ventilation. H. One Construction contract approach - completion 12/05 KPFF will provide Preferred Alternate in Mid-July 03 a. Project records, base maps, cost est., design drawings & other pertinent materials developed in Phase i' will be made available. J. Hazardous materials will not be found. K. Schedule will be as assumed by Consultant and not delayed. Schedule delays outside of Consultant control will increase project cost. L. NEPA compliance will be an Environmental Assessment (EA). SEPA compliance will be NEPA FONSI Adoption. M. The tunnel, WSF Office Building and tollbooths will be consolidated into one NEPA/SEPA process or action. N. An EIS will not be required. O. Timely payment of invoices. (Fast tracking requires cash flow). P. 1~ Pacific & Burwell construction area can be closed to through traffic - local access possible if Navy clears Pacific and allows temporary use. Q. Final acceptance authority during construction resides with Bremerton. (Consultant provides construction support) R. Consultant will use AutoCAD Software for plan preparation. S. Open house for presentation of Purpose and Need and Alternatives by others. T. Preferred Alternative will be selected by the City. Consultant will analyze one "build" and one "no-build" alternative. U. The Alternatives Analysis Report will be prepared by others documenting the process for selection of the preferred alternative, including evaluation criteria, public outreach, etc. V. Update of the City's Comprehensive Plan will include the project and other land use improvements in the downtown area. The Plan will be completed and adopted in time to be referenced in the EA, and will support the tunnel & downtown redevelopment. W. City to provide available data needs necessary to conduct the design and environmental studies. X. Project records, base maps, cost estimates, design drawings, and all other pertinent materials developed under Phase ! will be made available to the consultant. Y. This scope includes providing a list of incidents that are typically identified for highway tunnels, as modified during a workshop with emergency response providers. Tt is assumed that the Emergency Response/Emergency Management Plan will be developed by the agencies charged with responding to emergencies. An Emergency Response/Emergency Management Plan can be developed and provided by the consultant at an additional expense. ~18/03 6 Exhibit B-1 Scope of Services z. Design plans for the retaining walls separating the PSNS from Burwell and Pacific are available, and subsurface investigation are not necessary to determine the wails' as-built type, size and location. AA. All plans and documents will be based on English Units of measurement. BB. Security surveillance and/or tunnel access control barriers or systems are not included. 200 PRO.1ECT MANAGEMENT The consultant shall provide clear and concise documentation of' work progress, including coordinating work products by the design team that is critical to the overall design effort. This task shall include the preparation of monthly progress reports and monthly schedule reports. 201 Project Management Guide Tn order to closely monitor, define, and schedule work products, the Consultant will prepare a manual that summarizes significant project activities. The manual will be developed with chapters devoted to the following: Project Plan, Directory, Budget Baseline, Schedule Baseline, Scope Baseline, Deliverables Log, Communications Plan, Change Control Plan, CADD Management, Project Closeout, and Cost Hanagement. 202 Monthly Progress Reports Monthly progress reports shall be prepared to document work occurring by each discipline member. Monthly reports shall be forwarded to the Client's Project Manager for review and shall form the basis for tracking the progress of work throughout the project life. 203 Project Schedule Report The consultant shall provide a schedule report that provides a concise statement of the status of the work and critical project milestones. The Consultant shall use a single graphic to show both a summary schedule in bar-chart form and a progress curve that allows comparison of actual work done (earned value) to the baseline budget and the actual expenditures. The main elements of work completed shall be covered in more detail in the body of the monthly progress report. These reports shall be forwarded to the Client's Project Manager by the 5t~ of each month for the previous month's activities. The Consultant shall make these reports available in electronic format. 204 Coordination The Consultant shall provide thorough and continuous coordination to ensure the overall success of the Project. The Consultant shall accomplish this on multiple levels for the various disciplines involved. In addition to the overall agency coordination required for this project, the Consultant shall provide in-house coordination as follows. The Consultant shall hold monthly meetings with the Client's Project Manager to provide an overall briefing of project activities. Secondly, the Consultant shall hotd the weekly project team meetings that the Client's Project Manager is invited to attend. Coordination meetings shall be required as part of the environmental process for this project. For the benefit of interested public entities, the Consultant is available to provide project-related presentations to Iocat individuals or groups as requested. The Consultant shall also provide briefings or assist in briefings to the local governmental councils as required. 205 Project Management Deliverables - Project Management Guide ^. Project Plan B. Directory C. Budget Baseline D. Schedule Baseline E. Scope Baseline F. Deliverables Log G. Communications Plan 7/18/03 7 Exhibit B-1 Scope of Services H, Change Control Plan I. CADD Management Plan ~1. Project Closeout Plan K. Other Deliverables a, Schedule- Honthly Updates b. Budget Tracking (task and deliverables log) c, Meeting Ninutes Documentation d. Documentation Nanagement Log e. Action Item Log f. Project Archival Records g. Subconsultant Nonthly Progress Reports and Invoices h. Monthly Progress Reports i, Monthly Invoices 300 NEPA ENVIRONI~IENTAL ASSESSf4ENT 301 Prepare Environmental Classification Summary Environmental Classification Summary to validate project classification as a Class III, Environmental Assessment. Submit to the City and WSDOT Local Programs for a 15-day review and approval. Assumption: Presumes project requires an Environmental Assessment De/iverab/e.. Environmental Classification Summary :302 Update Preliminary Purpose and Need for Project The Purpose and Need for the Project will be updated to provide substantiation for the need for and primary objectives of the Project. Assumptions; A. Pre data supplied by the City. B. City will provide final approval within 10 days and provide the decision on conflicting objectives by various stakeholders. De//verab/e: Purpose and Need Documentation 303 Prepare and Carry Out Public l'nvolvement Plan The Public Involvement Plan (PIP) will identify the methods and milestones for involving stakeholders and the public during the design, environmental and construction phases of the project. It will also include publicity plans for encouraging public participation. Contents ofthe PIP will include those provisions outlined in Section 23.34 of the Local Agency Guidelines. The PIP will be submitted to the City for review and approval. The Consultant will develop and carry out the PIP. Assumption: One round of revisions of the PIP Deliverable: Public Involvement Plan 304 Interview Businesses All businesses abutting and potentially affected by the project will be interviewed to identify issues and coordinate development of mitigation strategies. A. Draft interview questions and edit summary report. B. Conduct interviews (Assume 20 businesses, each interviewed twice.) C. Compile results 7/18/03 8 Exhibit B-1 Scope of Services Deliverab/e: Draft and edit two Summary Reports 305 Conduct Stakeholders Workshop Conduct Workshop with the key stakeholders to review purpose and need, further identify issues, and review preferred design option. Assumptions: A. One four-hour workshop B. Preliminary list of stakeholders includes: To be determined by the City of Bremerton. C. Two design options to be carried forward including the preferred design option. D. Up to eight exhibits as needed. De/iverab/e: Written Summary of Workshop 306 lUleet with Resource Agencies Meet with resource agencies to identify key permit or regulatory issues that need to be taken into consideration. Assumption: Two-hour meeting each with five resource agencies (Washington Department of Fish and Wildlife, Environmental Protection Agency, NOAA Fisheries, Washington Department of Ecology, U.S. Army Corps of Engineers) Deliverable: Written Summary of resource agency meetings 307 Publicize and Conduct Public Open House Conduct public open house to display purpose and need statement, key issues, and design options considered preferred design option, and seek input. A. Draft, prepare and deliver display advertisement to City for publication in newspaper(s) of general circulation. B. Draft text for mailed notices publicizing the event C. Draft news release publicizing the event D. Draft text for up to five handouts for distribution at the open house. E. Coordinate logistics for event, including site reconnaissance, room set-up, etc F. Set up and break down event. Assumptions: A, Four-hour open house for 100 people B, Consultant to prepare notices for mailing and newspaper publication. C. Costs for mailing and duplication to be reimbursed by City. D, Consultant will develop mailing list that will be approved by the City, E. City will place ad in newspaper(s). Deliverables: A. Up to 15 exhibits as needed B, Mailing Notices C, Prepare Display Advertisement D, Written Summary of Comments received 308 Presentation to City Council Make presentation to the City Council that includes the following: history of Project; Purpose and Need for the Project; Project issues; design options considered; input from the public, stakeholders, and resource agencies; and the identified preferred design option. 9 Exhibit B-1 Scope of Services Assumption: Consultant Project 1'4anager and Environmental Hanager to attend meeting Deliverable: Prepared presentation to the City Council 309 Prepare Discipline Reports and Biological Assessment Prepare Discipline Reports based on preliminary design of the preliminary preferred alternative(s) that includes horizontal and vertical alignment, proposed improvements footprint, and preliminary right-of-way limits. Discipline Reports shall follow the outline for the specific Discipline Report and Biological Assessment checklists included in the WSDOT Environmental Procedures Manual (M 31-11) for the following elements: 309.1 Water (~uality The Discipline Report will be prepared based on the WSDOT Environmental Procedures Manual Exhibit 431-4. 309.2 Hazardous I~laterials Studies will be performed to investigate, assess, rank and describe the potential hazardous materials impacts that could occur with the project. The hazardous materials analysis will: A. Characterize known and suspected hazardous material releases in the project area; B. i'dentify probable adverse impacts of the screened project alternatives on hazardous materials; C. Identify possible impacts that the existence of hazardous materials may have on the construction of the project; and D. Recommend mitigation measures that could be implemented for unavoidable adverse impacts. Hazardous materials information will be summarized in the EA, with supporting data contained in the Hazardous Materials Discipline Report (prepared according to WSDOT Environmental Procedures Manual) A. Data Collection: Consultant will complete a gap analysis of existing information, historical and agency record review, and a windshield survey of the most industrial portion of the corridor. Preliminary studies performed by others will be reviewed, refined and evaluated by property rather than by city block to provide more site-specific information along the selected alignments to identify potential recognized environmental conditions. The following sources will be used: a. Department of Ecology Environmental Database Search b. Sanborn Fire Insurance maps c. Polk City Directories d. Washington State Archives e. King County Assessor's Office f. U.S. Geological Survey (USGS) maps g. Aerial photographs (if available) The information obtained from these sources will be summarized. All known or suspected contaminated sites based on regulatory records and historical research will be mapped by site address using G~S format and summarized in tables. B. Affected Environment: Characterization of the affected environment as impacted by the known and suspected contaminated sites will be performed, including a discussion of the land use history and physical environment considerations that could impact the distribution, migration, and cleanup of contamination. C. ~mpacts: Potential impacts that the existence of contamination has on project development will be evaluated. These impacts may include but not be limited to, construction impacts, worker safety, regulatory impacts, and local requirements. Further 7/18/03 10 Exhibit B-1 Scope of Services investigation will be necessary to fully evaluate project impacts and develop cleanup costs. D. Mitigation: Mitigation measures will be identified for the purposes of avoiding or controlling contaminated site impacts. The mitigation measures will be site specific where possible, including but not limited to, avoidance of contaminated sites, permit requirements, and cleanup options. E. Documentation: A Hazardous Materials Discipline report will be prepared in general accordance with the WSDOT Environmental Procedures Manual. The detailed information provided in the discipline report will be summarized for inclusion into the EA document. 309.3 Biology The Biology Discipline Report will be based on WSDOT Environmental Procedures Manual Exhibit 4.37-11. 309.4 Biological Assessment The Biological Assessment and required consultation under Section 7 of the Endangered Species Act will comply with the BA checklist (Exhibit 436.4) in WSDOT Environmental Procedures Manual. 309.5 Transportation See Section 403 309,6 Bicycles and Pedestrians See Section 403 ;309.7 Historic and Archaeological Section 106 of NHPA requires federally assisted undertakings to take into account the effects of those undertakings on historic properties, which are included in, or which may be eligible for the National Register of Historic Places. · Historic properties' refers to prehistoric and historical archaeological sites as well as buildings, structures, and other historic sites. Also of importance are Washington state laws dealing with archaeological sites and Native American burials (the Archaeological Sites and Resources ACt [RCW 27.53] and the Indian Graves and Records Act [RCW 27.44]). Three elements are involved in cultural resources studies following Section 106 procedures: A. The identification and evaluation of historic properties, B. Assessment of effects of the proposed undertaking on historic properties, and C. Consultation among principle parties to consider ways to resolve adverse effects. Consultant will assist the City in fulfilling its responsibilities for cultural resources by completing several tasks including development of an Area of Potential Effect (APE), if necessary, identification and evaluation of historic properties, and assessment of project impacts on them. The following sections outline the tasks, which will be undertaken. Project Coordination This task includes coordinating with city, state, and federal officials, tribes and EA team members throughout the project. An initial task, developing the APE, must be done in consultation with the Washington State Historic Preservation Officer (SHPO) and affected tribes. The APE is generally understood to be the geographic area within which an undertaking may directly or indirectly cause changes in the character or use of historic properties, if any such properties exist [36 CFR § 800.16(d)]. Consultant will advise the City on the requirements for an APE and help present this material to the lead federal agency. Tasks that follow are based on Section 106 and are subject to modification following consultation of the lead federal agency and the SHPO. 7/18/03 11 Exhibit B-1 Scope of Services Archival and Background Research Archival and background research, including a check of the Washington state site inventory and records at the Office of Archaeology and Historic Preservation (OAHP), will be conducted prior to any field activity in order to determine the locations and character of sites and buildings already recorded in the project area and its vicinity. Other information will be collected from contacting the Suquamish Tribe and individual tribal members, from ethnographic and historic accounts, previous regional cultural resource investigations, informants, museums, libraries, and city and county offices, maps, photographs, and from environmental information. Locations of archaeological sites may be identified by this process, or the potential for buried and hence, undiscovered sites that could be damaged can be determined. The $uquamish Tribe will be contacted to solicit any concerns about traditional use areas or other heritage issues; however, this contact does not constitute formal consultation, which must be completed by the lead federal agency or its designee. Field Survey The survey will verify field conditions and identify historic properties. An important part of the fieldwork will be to determine the relationship of any recorded sites and any newly discovered sites to the project boundaries. Expectation for discovery of archaeological sites is Iow because the ground surface is not visible within the project. This task also includes fieldwork associated with geotechnical work. Consultant will monitor geotech boring, determine the presence of cultural material, and advise the geotech team on the location of probable sites. Geotechnical bores will provide some subsurface exploration however; site discovery may not occur until ground disturbing activities begin. Newly identified sites and buildings will be recorded on the appropriate Washington State Inventory form that includes written description of the site and its setting, sketch maps, location on USGS 7.5 minute maps, and photographs. It is assumed no more than 8 buildings will be recorded. Previously recorded sites will be updated if the existing record is more than 10 years old. Analysis and Report Preparation The results of these investigations will be presented in a technical report for submittal to the City, WSDOT, SHPO, the Tribes, agencies, and any other concerned parties. The report will present the results of archival and field investigations and include an assessment of effects based on available design information, recommendations for dealing with sites discovered or for any additional discovery measures needed. This report can be used to support preparation of SEPA or NEPA environmental assessment documents and contributes to the completion of the identification and evaluation elements of the Section 106 of the National Historic Preservation Act. Assumpt/on~, A. The APE is the route of the tunnel and adjacent property. B. No more than eight buildings will be recorded. De//verab/e: A defined APE, as necessary, and a technical report, as described above, for submission to the City, WSDOT, SHPO, the Tribes, agencies, and any other concerned party. 309.8 Air Quality The Air Quality Report will document the results of "hotspot' modeling for carbon monoxide and will determine if the project meets the Conformity Requirements of the Clean Air Act Amendments. The Air Quality Discipline Report will be based on WSDOT Environmental Procedures Manual Section 425, Exhibit 425-4. 7/18/03 12 7o Exhibit B-1 Scope of Services The air quality analysis will consist of sections describing existing conditions, the impacts of the proposed project and mitigating measures. Five scenarios will be modeled: existing; no-build and build opening year; and design year no-build and build. The project budget assumes that the outputs of the traffic noise model along with area CAD files for the analysis are available. The EPA computer models, Mobile5b and CAL3QHC will be used to estimate the current carbon monoxide concentrations at the existing intersections identified as being most likely to be significantly affected by the project. All intersections with Levels of Service of D, E or F will be modeled. Data from the intersection model regarding lane configuration, peak hour volumes, and turning movements and signal timing will be used as inputs to CAL3QHC. A technical report will be produced and summarize the findings of the air analysis. Existing conditions will include a discussion of the applicable national, state and local regulations from the Environmental Protection Agency, and the Washington Department of Ecology (WDOE). An examination of available data from WDOE monitoring stations that describing current regional and local concentrations of the priority air pollutants will also be included. The impacts section will include the carbon monoxide concentrations from traffic modeled for the five scenarios cited above. A paragraph on this issue of conformity as it applies to the project will also be included. If the analysis indicates that mitigation measures are needed to meet air quality standards, the intersections will be reconfigured (in coordination with the traffic consultants) to provide effective air quality mitigation. 309.9 Visual Quality The Visual Quality Discipline Report will be based on WSDOT Environmental Procedures Manual Section 459, Exhibit 4S9-1. 309.~.0 Relocation, Disruptions, and Displacemen~ The Relocation, Disruptions, and Displacements Discipline Report will be based on the checklist in WSDOT Environmental Procedures Manual Section 457, Exhibit 457-3. 309.11 Economic (Employment, property values, taxes, overall economic activity) The Economic elements Discipline Report will be based on the WSDOT Environmental Procedures Manual Section 457, Exhibit 457-2. Assumptions for Task 309: A. One Build Alternative and one "No-Build" Alternative will be analyzed for the Discipline Reports. B. Analysis for discipline reports will be based on approximately 30% preliminary design. C. Elements requiring discipline reports could change once more detailed information of the Project is discovered. D. Hazardous Material analysis and Discipline Report is based on an Initial Site Assessment. E. No water quality samples/analysis will be conducted. Deliverables for Task 309: Discipline Reports for each of the technical areas (Listed under section 309 Prepare Discipline Reports and Biological Assessment above), describing the methodology, existing conditions, impacts and recommended mitigation measures 3~.0 Qualitative Evaluation of Non-Critical Environmental Elementa The evaluation of non-critical environmental elements likely to have minor impacts include: 7/18/03 13 Exhibit B-1 Scope of Services 31o,1 Noise/Vibration An on-site visit and land use inventory will be performed to identify the existing noise sensitive land uses and to assist in the screening analysis. Existing noise environment will be determined using a simplified traffic noise model. Input to the model will include existing traffic volumes, mixture (passenger vehicles, medium trucks and heavy trucks) and speeds. The model will assume a direct line-of-sight to the project roadway and not include any additional noise reducing factors, such as existing structures or area topography. This method will predict the worst-case noise levels for the project corridor. Future condition noise levels will also be projected using the methods described above with the future traffic volumes, mixture and speeds. Mitigation measures will be discussed for those locations where noise impacts are likely under the full build scenario. The traffic noise impact criteria against which the project traffic noise levels are evaluated are taken from the WSDOT Traffic Noise Manual. Construction noise and vibration related to the project will also be evaluated. Potential construction noise and vibration impacts and mitigation will be identified. A memorandum will be prepared that qualitatively describes sensitive noise/vibration receptors and analyzes potential impacts by the project both during construction and operation. 310.2 Land Use/Section 4 (f) A memorandum will be prepared that describes impacts to land use and land use plans at a qualitative level. The analysis will examine consistency of the alternatives with current and proposed comprehensive plans, zoning, and related city, county, and state policy plans. An evaluation will be conducted to determine if properties are impacted by the project. 310.3 Public Services and Utilities A memorandum will be prepared that describes the public services and utilities potentially impacted by the project at a qualitative level. Public service and utility providers in the project area will be identified including police, fire, emergency, schools, parks, sewer, water, power, phone, storm water, and solid waste. This analysis will include a discussion of which utilities may require relocation because of the project. 310.4 Geology and Soils Studies will be performed to assess the geology and soils along the project corridor. The studies will be used to provide input to preparation of the NEPA EA. The evaluation will include the following: A. Collect and review available soils information including boring logs, laboratory test results, and reports from previous geotechnical studies for projects completed along the proposed tunnel corridor. Review published geologic information and site history. B. Develop description of affected environment including geology, geologic hazards, and general topographic setting. C. Evaluate potential impacts for the preliminary preferred alternative and develop recommendations for mitigation of these impacts. D. Prepare written sections and figures for inclusion into the EA documents. Prepare a technical memorandum summarizing the studies. 310.5 Energy A memorandum will be prepared that describes the energy impacts of the project. The memorandum will evaluate how much energy the project will use during construction and operation, the availability of energy sources, any conservation measures incorporated into the design, and the consumption of nomrenewable resources. 7/18/03 14 Exhibit B-1 Scope of Services 310.6 Environmental lustice A memorandum will be prepared that describes environmental justice at a qualitative lever. The memorandum will evaluate the presence, if any, of minority or Iow-income populations in the project area and potential impacts on those populations. Assumptions for Task 310: A. One Build Alternative and one "No-Build" Alternative will be analyzed for the Qualitative Evaluation of Non-Critical Environmental Elements. B. No technical memorandums for wetlands, farmlands, flood plains wildlife and vegetation will be necessar,/. C. The City of Bremerton will provide copies of geotechnical information of previous projects completed along the tunnel corridor. D. Washington State Ferries will provide copies of geotechnical information at the Bremerton Ferry Terminal. E. Other site history information collected by others will be provided to consultant for review. F. No Section 4(F) properties will be impacted. G. No disproportionate minority or Iow-income populations will be impacted. Deliverable for Task $10: Technical memoranda for each element incorporating the existing environmental conditions and potential impacts of the non-critical elements listed. 311 Revise Biological Assessment and Discipline Reports A. Submit Discipline Reports and Biological Assessment to City and WSDOT Local Programs for review. B. Revise Biological Assessment and resubmit to the City and WSDOT Local Programs for forwarding on to FHWA and NOAA Fisheries Service for approval. C. Revise Discipline Reports per comments received from City and WSDOT. 31:2 Preliminary Environmental Assessment (EA) Prepare Preliminary Environmental Assessment (EA). Submit to the City for approval and to WSDOT Local Programs office for transmittal to FHWA and FTA for approval. Assumpt/ons: A. 30-day ageno/review period by WSDOT, FHWA, and FTA B. EA to be maximum of 75 pages C. EA to include a maximum of 25 figures De/iverab/e: 25 copies of Preliminary EA 313 Camera Ready EA Revise EA as necessary; submit to and obtain approval and signatures on the title page from City, WSDOT and FHWA. Deliverable: Five copies of Camera Ready EA for approval and signature on title page 314 Publicize and Conduct EA Public Open House / Hearing A. Draft and prepare display ad. B. Draft mailed notices publicizing the event C. Draft news release publicizing the event D. Draft up to five handouts for distribution at the open house. E. Coordinate logistics for event, including site reconnaissance, room set-up, etc. F. Set up and break down event. 7/18/03 15 Exhibit B-1 Scope of Services Assumption: City to arrange for and pay for court reporLer and hearing transcript directly. Deliverable: Hearing Transcript 315 Prepare Response to Comments Upon conclusion of the 30-day public review period, evaluate public and agency comments received and prepare responses to comments. Assumption: Preparation of responses for up to 50 comments on different issues will be prepared. De//verab/e: Summary of significant comments and recommended action or response 316 Prepare Revised EA and Draft FONSI Prepare Revised EA that will include revised EA text, hearing transcript, responses to comments, and draft Finding of No Significant Impact (FONSI). Submit approved Biological Assessment, revised EA and request for FONSI to City, WSDOT Local Programs and FHWA for approval. Assumption: One round of revisions to the Revised EA Deliverables; A. Five copies of Revised EA for City, WSDOT and FHWA for 30-day review B. Project Commitment File C. Draft Finding of No Significant Impact 317 Prepare Notice of EA and FONS! Approval Prepare notice of EA and FONSI approval and availability for City's publication in newspaper of general circulation (The Sun) and submittal to agencies and other parties that commented on the EA. Assumptions: A. City to publish notice in newspaper B. City to send notices to agencies and people who commented on EA De//verab/e: Notice for publication in newspaper and mailing to agencies and public 318 Publication of Documents Prepare SEPA Adoption of Existing Environmental Document (FA and FONSI) for City's approval and signature and publishing in newspaper of general circulation (The Sun). Assumptions,. A. City to concur with notice in newspaper(s) of general circulation. B. City to reimburse Consultant for cost of advertisement in newspaper(s). Deliverable: SEPA adoption notice 319 Environmental Permits Prepare applications for permits from the regulatory agencies Assumptions: A. Permit applications will include: a. Shoreline Substantial Development from City of Bremerton b. Hydraulic Project Approval from Washington Department of Fish and Wildlife c. Nationwide permit from United States Army Corps of Engineers d. 401 Water Quality Certification from the Washington Department of Ecology 7/18/03 16 75 Exhibit B-1 Scope of Services B. Consultant will coordinate with agencies and the Suquamish Tribe. C. City to submit applications to agencies. D. No wetland or buffer impacts. E. City to pay permit fees directly. Deliverable: Permit applications (excluding fees) 400 PRELIMINARY DESIGN 30°/0 401 Design Record The Design Record is a formal documentation of design considerations and may be prepared concurrent with the EA and the Preliminary Plans. The Design Record records the evaluations of the various disciplines, which result in design recommendations and, after review and concurrence by the City, will provide the basis for the approved design. The Design Record is instrumental in preparation of the PS&E. The Design Record must receive concurrence from the City prior to beginning work on the PS&E. The Consultant shall refine the concept identified as the preferred alternative in the Draft Design Record to produce designs and drawings for the development of the drainage, landscaping, utilities, and other plans. 402 Develop Horizontal and Vertical Alignment Plans The horizontal and vertical alignments are to be developed to such refinement that horizontal and vertical clearances can be reasonably checked, drainage concepts resolved, utility conflicts identified and R/W requirements accurately estimated. These plans shall be developed in a manner consistent with design criteria established for this Project. Corresponding horizontal and vertical alignments will be shown on the same plan sheet wherever possible. 403 Traffic Circulation Study The consultant will prepare a temporary detour route circulation report utilizing the Parametrix Traffic circulation study to analyze traffic movements (including pedestrians and bicycles) during and after construction. Assumption~. A, No additional traffic data or studies will be needed to accomplish this task. 13. Several coordination meetings with stakeholders will be essential to support the detour route analysis, It is assumed that meetings will be held with each of the following stakeholders: a, One meeting with Washington State Ferries b, One meeting with Kitsap Transit c, One meeting with Police/Fire Emergency response d. One meeting with each private developer along detour route (up to 6 meetings) e. Two meetings with Navy regarding their development and access needs C, The final alignment traffic analysis report (preferred alternative) will utilize the Parametrix study as an appendix, D, It is assumed that there will be one review of comments and responses for the draft report and one for the final report. De/iverab/e~ A. Temporary detour mute report that will address the following: a. Temporary Signal timing revisions b. Additional Fire preemption c. Transit signal priority d. Conceptual layout and schematics of the roadways and intersections 7/18/03 17 Exhibit B-1 Scope of Services B. Preliminary Opinion of Probable Cost for temporary and permanent traffic items will be prepared at this stage and will be included in the Besign Record 404 Roadway Sections The Consultant shall prepare roadway sections for each type to be used on the Project. The typical sections shall be the basis for preparing preliminary Opinion of Probable Costs for the Project. The typical sections shall show lane widths, shoulder widths, and other pertinent features. 405 Structural Alternatives and T. S. & b. Study The Consultant shall prepare conceptual level design calculations to determine structure Type, Size and Location CT. S. & L.), and wall height and length for a cut and cover tunnel. The Consultant shall prepare T. S. & L. drawings of the 2 most viable structural alternatives and conceptual level Opinion of Probable Costs for the 2 most viable alternatives. Alternatives will most likely be cast in place concrete option and a modular precast concrete option. The Consultant shall prepare preliminary level design calculations for unique structural features and as necessary to ensure the most viable alternates are feasible. (Special studies work shall not begin before approval by the City). The result of the design shall include: A. Plans And Profiles At 1" = 20' Scale B. Cut and cover tunnel And Wall Site Data For The Preferred Alternative For Each Structure Per WSDOT Design Manual Section 11 C. Cut and cover tunnel Width And Wall Heights Defined By Roadway Sections And Profiles D. Cut and cover tunnel T. S. & L. Per WSDOT Bridge Design Manual E. Architectural Renderings Of Alternatives Assumptions: A. The two most viable alternatives will be a cast-in-place concrete alternate and a precast concrete alternate. B.Both these alternatives will have a uniform tunnel cross-section. C. Both these alternatives will not be required to be designed for superimposed "air-rights" or building loads other than regular traffic and backfill loads. D. The setback distances from Puget Sound Naval Shipyard to tunnel will be adequate for meeting the Anti-Terrorist Force Protection (ATFP) criteria, and that no specialized blast resistant modeling and design will be required. 406 Preliminary Design Tunnel Support Systems A. Incident Identification B. Mechanical Electrical C. SafeLy Systems D. Tunnel Environment Control Study 406.1 Zncident Identification A. Hold Workshop with emergency service group B. Define and document potential incidents Assumptions; A. Prior to the workshop, Consultant will prepare a complete listing of probable incidents and circulate this to the various stakeholders for comment and input prior to the workshop. B. City to provide the list of stakeholders. C. At the workshop, the list will be agreed to and the General Contractor will undertake further development and refinement. 7/18/03 18 Exhibit B-1 Scope of Services D, Consultant can provide assistance during the construction phase on an hourly rate if required, De#verab/es: Consultant will produce a complete list of probable incidents that can occur in tunnel and the responsible agency for responding and reacting to the situation. 406.2 Mechanical / Electrical Ventilation A. Determine number of vehicles and traffic mix B. Review fire mode operations C. Ventilation controls and monitoring D. Noise levels permitted for plant equipment E. Prepare Opinion of Probable Cost for each reviewed system F. Prepare draft report detailing system Assumpt/ons: A. The ventilation used will be a longitudinal system designed in accordance with PIARC recommendations. B. No other options will be reviewed. C. There will be no portal extraction system. De//verab/e: Report on ventilation system, control philosophy and costing of system. Fire Detection / Suppression Systems A. Detarmine level of fire security required with Fire Department 8. Prepare concept report from supplied info: C. Prepare Opinion of Probable Cost and prelim design D. Review draft report with Fire Department and select system parameters Assumpt/on~. A. It is assumed no deluge or sprinkler system is required for the tunnel because of the Iow traffic volume and intermittent use. This must be confirmed with the Fire Department. B. A standpipe system will be designed for the tunnel. De#verab/e$: A. Report on fire detection / suppression systems B. Confirmation of Fire Department C. Design of standpipe system. D. Opinion of Probable Cost for system. Tunnel Power Supply A. Determine utility services providers capacity B. Determine level of high voltage redundancy acceptable a. Single or dual high voltage connection C. Determine level of Iow voltage redundancy acceptable a. Generator, UPS, automatic changeover etc D. Prepare Opinion of Probable Cost and draft report for each reviewed system E. Ensure optimal 'Power Smart' ideas considered De/iverables : A. Report on power system requirements. B. Opinion of Probable Cost for same. 7/18/03 19 77 Exhibit B-1 Scope of Services Tunnel Lighting A. Tunnel lighting levels and standards to follow a. IES REP 22 b. Determine access zone luminance c. Use counter-beam, symmetrical, continuous rows of fluorescent B. Determine if external lighting required C. Prepare Opinion of Probable Cost and prelim design De/iverab/e~. A. Report on lighting system requirements. B. Opinion of Probable Cost for same. Control Building / Substations A, Define building requirements for control, safety, mechanical/electrical requirements B. Prepare Opinion of Probable Cost for each building mechanical/electrical system De/iverab/es: A. Report on building system electrical / mechanical system requirements. Opinion of Probable Cost for same. 406.3 Safety Systems Emergency Egress Locations A, Review and determine the requirement for the following systems a. Spacing and location of emergency egress points b. Equipment required at each station B. Prepare Opinion of Probable Cost for each reviewed system Tunnel Specific Safety & Security Systems A. Determine what Traffic Management and Control Systems required a. Tunnel variable message signs b. Lane use signals c, Closed Circuit Television Systems d. Visibility monitors e. Air flow monitors f. Notorist Emergency Telephone systems g. Radio Communication system h. Public Address System i. Automatic Incident Detection System j. Tunnel Closed Devices k, Network Communication Systems I, Direct Telephone Lines to emergency services groups B. Prepare Opinion of Probable Cost and prelim design C, Select location for tunnel operations center - suggest at WSF office Deliverables. A. Report on tunnel safety system requirements. B. Recommendations re requirements. C. Opinion of Probable Cost for same. 406,4 Tunnel Environmental Control Study Tunnel Specific Environmental l~ssues A. Determine accepted air quality inside tunnel 7/Z8/03 20 Exhibit B-1 Scope of Services B. Determine if portal emissions are acceptable C. Review if external air monitoring systems are required D. Review if baseline air quality reports are necessary 406.5 Tunnel Support Services "Tunnel Support Services" encompass the service and logistical functions required to deliver the services as listed in 4-06.1, 406.2, and 406.3. These services include: A. Project Review Meetings with other members of team B. Project Controls/Scheduling effort C. QA/QC effort, as part of one subcontractor's ISO 9000:2000 certified process 407 Surveying 407.:1. Horizontal and Vertical Control The Consultant shall establish a project wide survey control network based upon the following datum: Horizontal - Washington State Plane Coordinate System (WCS), North Zone, 1983 (1991 Adjustment); Vertical - North American Vertical Datum (NAVD), 1988. Control points established will consist of permanent type materials, set outside of the proposed tunnel alignment, for usage through the construction phase. Materials to be used could consist of a "PK" nail in asphalt, a 1/2" rebar with cap or a 3" brass cap on 2-1/2" iron pipe. The system for vertical datum will equate NAVD 1988 with NOAA and the Army Corp of Engineers vertical datum. Primary control shall be established using GPS Fast Static methods adjusted to two (2) sigma certainties (95% statistical positional tolerance certainty). 407.2 Base Mapping The Consultant shall prepare a topographic base map and review existing as-built WSDOT data of the project corridor consisting of the entire Bremerton Ferry Terminal site and right of way for SR 304 beginning at said terminal and terminating approximately at Warren Avenue, a distance of 2500 feet, more or less. Topographical data collected shall represent one-foot (Y) contour accuracy with spot elevations accurate to the one-tenth of a foot vertically (true measurement) although said spots will delineate elevation to the one one-hundredth of a foot (0.00). Site specific data collection could include, but is not limited to, horizontal and vertical position of potholes for utility identification, underground utilities as marked on the surface by others, utilities having surface of above ground features, geotechnical bore hole locations, any hazardous material sites, existing structures or bridges within the right of way, any railroad tracks, roadway centerline and crown, columns, rockeries, traffic barriers, top of curbs and flow lines, parking, ferry terminal improvements, adjoining buildings or improvements and vertical clearances from roadway to overhead structures. Field surveys will be performed throughout the corridor area to locate catch basins and obtain invert elevations of the catch basins or drainage structures, surveys to locate culvert sizes and invert elevations and drainage features not identified on existing mapping. Said mapping will be conducted using a variety of methods that could include traditional terrestrial ground mapping, CYRA 3-D Scanning and/or Low Altitude Aerial Mapping. Assumptions: 7/18/03 21 77 Exhibit B-1 Scope of Services A. Data collected for adjoining buildings include position at surface grade, at top of the building and elevation of the building's lowest level. B. Right of Entry for field crews into buildings shall be obtained by City. C. This Scope of Services does not include, but it is highly recommended, research for all adjoining foundation plans, which delineate walls and footings, or the location of said footings by ground penetrating radar or other means. 407,3 Right of Way Establishment Centerline and right of way shall be established by the Consultant on the horfzontai datum defined in ~07,1, Alignment and right of way for SR ~0~ shall be based upon methodology for the State re-establishment procedures. Once right of way is determined, adjoining buildings and other improvements can be mathematically determined for spatial and clearance relationships within the project corridor. Consultant shall determine exterior boundary lines for the ferry terminal. Consultant shall require receipt of a land description for the terminal and a title report for the site if encumbrances of record are to be delineated. A$$umpt/on$: A. Requesting permission for surveying on private property and traffic control will be the responsibility of the Consultant. B. ff property owners are unwilling to allow access for surveying purposes, the City is responsible for acquiring permission through negotiations or court settlement 408 Geotechnical Report Geotechnical field explorations and engineering studies will be performed to develop geotechnical recommendations for preliminary design of the project. Naximum use shall be made of existing soils information. Available geologic studies by others and previous City studies shall be reviewed. Field Explorations: A. Make site visit to locate borings and evaluate traffic control needs. B. Perform utility check by calling the public utility locating service (one-call center). Private utility locates in the field are not included in the Scope of Work. Coordinate with the City of Bremerton and Washington State Ferries for boring locations, site access, Street-Use permits, and utilities. C. Drill 6 borings along the proposed tunnel alignment to depths of about 50 to 70 feet each. Drill 2 borings for the proposed storage tank locations to depths of about 50 feet each. Borings will be drilled using hollow stem auger techniques in the soil above and within 5 feet below the groundwater table. Below this depth, mud-rotary drilling techniques will be used. D. Geotechnical Soil samples will be obtained generally at 2.5-foot intervals in the upper 25 feet of each borehole and at 5-foot intervals thereafter using the Standard Penetration Test (SPT). An experienced engineer/geologist will record the drilling and sampling information and prepare a field log of the boring. E. Environmental screening will be performed by using a Photo-Ionization Detector (PID) on each soil sample and the air space around the drilling operation to check for potential hazards and contamination. Tf contaminated soil is encountered, drilling will be halted and the City of Bremerton and Project Team will be contacted for direction as to whether or not to continue drilling and sampling. F. Two observation wells will be installed in borings performed for the proposed tunnel to observe groundwater levels. 7/~.8/03 22 Exhibit B-1 Scope of Services G. Following completion of the borings, the holes will be beckfilled according to State and Federal regulations and a concrete patch placed at the ground surface. A paint mark will be placed at the borehole location for surveying by others, if necessary. Groundwater Monitoring: A. Develop monitoring wells to provide connection to groundwater table. B. Obtain groundwater level measurements in each well approximately once per month for a duration of 5 months. Laboratory Testing: A. Perform geotechnical index testing on soil samples obtained from the borings. B. Water content determinations will be performed on all non-gravel samples. C. Grain size analyses and Atterberg Limits determinations will be conducted on selected samples. Boring Logs and Subsurface Profile: A. The field record of the boring will be entered into a geotechnical database and a drafted boring log including laboratory test results will be generated for each boring. B. A generalized subsurface profile will be prepared along the proposed tunnel alignment based on the existing and new subsurface information. C. Geologic units and groundwater data will be identified and noted on the boring logs and profile Geetechnical Engineering Studies: Based on the geometric and conceptual design information for the preferred alignment and the subsurface soil and groundwater conditions encountered, geotechnical recommendations will be developed for preliminary design. A. Evaluate suitable shoring/wall typos and develop lateral pressure diagrams for the proposed tunnel walls and bracing system. B. Provide geotechnical recommendations for the tunnel base slab including evaluation of potential uplift pressures. C. Evaluate suitable shoring systems and develop recommendations for excavation of the storage tanks. D.Develop base slab support recommendations for the proposed storage tanks. E.Provide groundwater control recommendations, if necessary. F. Develop geotechnical construction considerations for proposed tunnel and storage tank installation. Draft Geotechnical Report: Prepare a draft geotechnical report presenting Lhe results of the field explorations and laboratory testing, generalized subsurface profile, engineering studies and geotechnical recommendations for the preferred tunnel alternative. The report will be submitted as draft for review and will be finalized during the P$&E phase (see Task 503.4). The report will include the following: A. Summary of Work Performed B. Site and Project Description C. Results of Current and Previous Field Explorations D. Results of Current and Previous Laboratory Testing E. Subsurface Description and Recommended Design Soil Parameters F. Geotechnical Design Recommendations G. Construction Considerations Assumption~, A. The City of 8remerton and Project Team will assist with obtaining rights-of-entry required to complete the field explorations. ~'t is assumed that City permit fees will be waived. 7/18/03 23 Exhibit B-1 Scope of Services B. The borings will be performed during normal daylight hours in parking areas or shoulders of the existing streets. C. No flaggers will be required to perform borings in these areas. Traffic control will consist of cones and signs only. D. It is assumed that the borings will not encounter contaminated soils. The drilling mud, cuttings or excavated soil will be containerized in drums, labeled, and removed from the site if no contaminants are observed. E. If contaminated soil is observed, the Project Team and City will be contacted for further direction. The drill rig and equipment will be steam cleaned prior to moving to another borehole if contamination is observed. I~lud and cuttings within the potentially contaminated zone will be drummed separately from the mud and cuttings obtained from outside the contaminated zone. The drums containing the segregated contaminated soils will be left on site at a designated area for future disposal by the City of Bremerton. F. Sampling, analytical testing, and disposal of contaminated soils, water, or drilling mud will not be performed by Consultant unless requested, and would constitute Extra Work. G. The locations of the borings will be measured from existing site features using a cloth tape and will therefore be approximate. H. Studies related to potential environmental issues such as soil or groundwater contamination are not included and would constitute Extra Work. If collected data indicates that these issues may exist, an additional scope of work and Opinion of Probable Cost will be prepared. De//verab/~. Draft Geotechnical Report 409 Hydraulic Analysis and Report The Washington State Department of Ecology Stormwater Hanagement Nanual for Western Washington (DOE 1'4anual) will be used in the preparation of the Hydraulic Analysis and Report. The DOE Nanual considers existing roadway area that is completely replaced as new impervious, regardless of its current use as existing roadway. The consultant will prepare the Hydraulic report and drainage analysis per local agency's standards and requirements. The report will include the following: A. Summary of Work Performed B. Project Description C. All calculations necessary to identify and design the storm drainage conveyance system and water quality facility for the project D. Preliminary Opinion of Probable Costs for the storm drainage system and water quality facilities for the preferred alternatives Assumption~. A. The roadway area above the proposed tunnel falls into this category and will necessarily be classified as new impervious. This triggers a DOE Nanual threshold requiring that detention and water quality treatment be provided for all of the new and existing impervious areas. B. Proposed Stormwater facilities will be designed and sized to accommodate runoff from the total project length, approximately 1,600'. C. Surface water runoff will be collected and conveyed in a system of new catch basins and storm pipe to proposed stormwater quality and quantity facilities located at the end of the project in the vicinity of the tunnel entrance near the ferry terminal. D. An underground concrete detention vault is the most likely option for quantity control, as open area for a pond does not appear available. E. Quality control will be provided in bioswales or a media-filter vault. F. Stormwater runoff collected at the tunnel exit will require pumping a short vertical distance to finished grade of the proposed storm conveyance system. G. No storm improvements are anticipated in the tunnel itself. 7/~.8/03 24- Exhibit B-1 Scope of Services De//verable: Hydraulic Analysis and Report 410 Utilities Design Report A comprehensive research and analysis of existing utilities and potential conflict areas will be performed throughout the project area. Extensive coordination with public and private utility agencies shall be provided during the early stages of the project to facilitate orderly development. The proposed tunnel alignment is anticipated to impact all existing utilities throughout the project corridor. Underground utilities such as power, gas, communications, water, sewer, and storm will be relocated from the tunnel entrance at the ferry terminal to the tunnel exit on Burwell Street, :~st Street, 2"d Street, Burwell Street, and Pacific Avenue. Street reconstruction will include restoration of all overhead and surface facilities. Assumption~. A. It is assumed that the following public and private utilities are impacted on this project: a. Power - Approximately 2000 ft of power including vaults, boxes, streeUights and street connections. b. Gas - Approximately ~-500 ft of gas including valves and street connections. c. Communications - Approximately 2000 ft including vaults, boxes and street connections. d. Water - Approximately 1500 ft of waterline including services, fire hydrants, valves, manholes and street connections will be relocated e. Sewer - Approximately ].500 ft of sewer, including manholes and street connections f. Storm - Approximately 1500 ft of storm including catch basin, manholes and street connections. De/iverab/~.. A. The Utilities Design Report will be submitted during the Preliminary Design Phase. The report will include: a. Summary of work performed b. Project description c. Exploratory pothole results d. Utility description and contact information e. Construction considerations and recommendations f. Design verification to confirm impacts on existing public and private utilities and outline how those impacts and the relocation of those utilities will be addressed. 4~.1 Right of Way The Consultant will establish the proposed right-of-way needs and coordinate with the City of Bremerton and WSDOT during the design process. The Consultant will prepare this information with hand annotated right-of-way requirements on the most appropriate plan sheets. The Consultant will establish the proposed right-of-way lines and other related instruments including parcel maps and legal descriptions. The Consultant shall provide certification to City of Bremerton that the right-of-way requirements are ready for requisition. City will acquire necessary easements and right-of-way, following the procedures outlined in the Uniform Relocation and Real Property Acquisition Policies Act. The Consultant has considerable experience in this regard, and is available to assist or provide complete services as Extra Work. The Consultant shall incorporate the appropriate right-of-way information in the contract documents. 7/18/03 25 Exhibit B-1 Scope of Services 412 Develop Design-Phase Public Information Plan A. Identify key milestones in design process where the public will need to be kept apprised of progress. B. Prepare purpose statement, key audiences, tools, tactics, budget, timeline and key messages. Assumpt/on: One cycle of Client revisions. De//verab/e: Five copies of Design-Phase Public fnformation Plan. 413 Implement Design-Phase Public Information Plan Provide updating information/education regarding the project to the public per the public information plan. Assumption~. A. Three to five written pieces (e.g., news releases/websiLe information) B. One presentation for the Consultant Project Manager and others to deliver to individuals and groups. C. One round of Client revisions per piece. De/iverab/~. Collateral as prescribed by plan. 414 Preliminary Cost Estimates for Right of Way and Project Right of Way cost estimates will be developed by researching property assessed values and sales data in the area. A correlation will be developed between assessed value and sales price; from this an adjustment factor will be derived that can be applied to assessed value as a tool for estimating property costs. Making use of this technique will allow the consultant to develop a total Right of Way and Displacement cost estimate. This will include the cost to acquire the property inclusive of acquisition services, relocation services and administrative costs (Le. client admin, eminent domain, etc.) for each impacted parcel. It is assumed that the project will impact very few parcels, that use of the described methodology is appropriate for this task and that the acquisition areas will be adequately delineated to allow an analysis of the impacts on each parcel 415 Preliminary Design Deliverables Design Record A. A Draft Working Paper on Forecasting Results for Existing, Future Baseline and Future Alternatives B. 60%, 95%, and 100% Design Record Document C. Horizontal and Vertical Alignment Plans D. Typical Roadway Sections E. Preliminary Opinion of Probable Costs for Each Alternative F. Final Approach and Methods Report Traffic Analysis A. Temporary detour route report that includes; a. Signal Timing revisions b. Recommended Fire preempt revisions if necessary c. Additional Transit signal priority recommendations d. Conceptual layout and schematics of the roadways and intersections B. Preliminary Opinion of Probable Costs for temporary and permanent traffic items Tunnel Structure A. Tunnel Site Data Plans 7/t8/03 26 Exhibit B-1 Scope of Services B. Layout Plan C. Preliminary Type, Size, and Location Plan Surveying A. Log and Status of Requests B. Final Base Map and Terrain Model Geotechnical Report A. Written Detailed Geotechnical Requests for Data B. Foundation Design Criteria Memorandum Hydraulic Analysis Report Utilities Design Report 500 FTNAL DESTGN AND PS&E 501 Description of Work This work consists of preparing one complete PS&E package for the Project. The work shall be in accordance with the approved Design Record and other pertinent documents. 502 Preparation of Civil Plans 502.1 Vicinity ~4ap The consultant shall prepare a vicinity map for incorporation into the PS&E document. The vicinity map shall be prepared in accordance with standard WSDOT format. 502.2 l~ndex The consultant shall prepare an index of plans for incorporation into the PS&E document. The index shall be prepared in accordance with standard WSDOT format. 502.3 Summary of Quantities Demolition Plans The Consultant shall define the necessary demolition activities (items to be abandoned, salvaged, recycled or removed) and identify facilities that need to be protected during construction. This work is necessary for work areas associated with building demolition(s), reconstruction of sidewalks, and demolition associated with urban design work. 502.4 Preparation of Site Plans (Alignment/Plan & Profile) The Consultant shall prepare a complete set of site preparation plans in accordance with the approved Design Record, preliminary plans, field data, and other City furnished information. The plans shall show all demolition, removal items, alignment, clearing and grubbing, and other required features. 502.5 Roadway Paving The Consultant shall prepare a complete set of roadway paving plans, paving details, and roadway sections in accordance with the approved Design Record, the approved roadway sections, the approved intersection plans, preliminary design plans, and other City furnished information. Roadway Paving Plans shall include paving limits, barrier location, wall locations, guardrail, intersection configurations, and other associated items. The roadway paving plans may be combined with the channelization plans. The Consultant shall prepare vertical profiles for only those roadways being constructed as part of this project. 7/18/03 27 Exhibit B-1 Scope of Services The Consultant shall prepare roadway drawings to include preparation of plans for modifications to roadways including pavement designs, conform requirements (to existing streets, face of buildings or neighboring properties) as necessary, sidewalk modifications, and pavement sawcuLting and overlay requirements. Roadway cross-sections, cross street profiles and curb profiles shall be prepared to accurately define the construction requirements and design intent. Roadway contour grading shall be prepared including intersections where significant warping will be necessary and to accurately delineate conformance to existing pavement. 502,6 Roadway Drainage, Utilities, Stormwater Hanagement Plans The Consultant shall prepare a complete set of drainage / utility plans, profiles, details, and structure notes, in accordance with the approved Design Record, and other City furnished information. Appropriate temporary erosion control and sediment control devices shall be designed and coordinated such that the Project area runoff will be effectively controlled. The Consultant shall prepare an addendum to the Hydraulic Report if significant design changes are made during the PS&E phase. The Consultant shall be responsible to locate and include in the plans ali existing or proposed utility lines that may be in conflict during construction. Preliminary PS&E drainage features prepared during the Hydraulic Report shall be incorporated into the final Design PS&E unless deemed inapplicable. The Consultant shall be responsible to locate and include in the plans all existing or proposed utility lines that may be in conflict during construction. Public utilities impacted and may be relocated include 8 inch to 16 inch sanitary sewer lines, 8 inch to 12 inch water lines including all connections to private properties. Relocation of private utilities wifl be coordinated with each utility agency to incorporate into the final contract plans. Drainage and Stormwater Management Plans: Prepare drainage and stormwater management plans in accordance with applicable codes, ordinances and standards. Miscellaneous Details: Prepare miscellaneous details for roadways, grading, landscaping or drainage or other items needing detailing. 502,7 Walls The Consultant shall prepare PS&E for the retaining walls necessary for the Project. Retaining wall design shall be in accordance with the approved Design Record, Design Hanual, approved Geotechnical Report, structural design criteria and other pertinent data. WSDOT pre-approved proprietary wall designs shall be considered as well as other wall designs for this Project. 502,8 Illumination, Signing, and Striping The Consultant shatl prepare plans in accordance with approved preliminary design plans, the WSDOT Design Manual, the WSDOT Traffic Manual, and the Manual on Uniform Traffic Control Devices (MUTCD). 502.9 Traffic Control/Traffic Signals The Consultant shall prepare detailed traffic control plans to accommodate each phase of the Project during construction. Traffic control plans shall include all signing, striping, and delineation for each required traffic shift. Traffic control plans shall be closely coordinated with the City's traffic department to ensure conformity with local codes and regulations. All lane closures and roadway closures shall require the concurrence of the City's traffic department. Traffic signal modification plans for three signals will be prepared for the ultimate configuration. Temporary signal revisions for approximately 8 signals during construction will be included in the traffic control plans. 7/18/03 28 Exhibit B-1 Scope of Services 502.10 Landscaping The Consultant shall prepare landscape enhancement plans for pedestrian amenities. Landscaping features shall incorporate features and themes determined during the Environmental Phase. The Consultant shatl receive prior concurrence from the City for inclusion of landscaping enhancements into the Project PS&E package. 502.11 ]~tems For Complete PS&E The Consultant shall furnish the following items, which make up the complete PS&E for the construction contract: A. 1 set of all sheets comprising the set of plans for the construction contract on the City's title and block format. No tape or stickons are allowed. Black line prints on paper or vellum shall be acceptable for 60% and 95% submittals. The 100% submittal shall be on half size reproducible and full size mylars. Quantity tabulations, structure notes, sign specifications, and other spreadsheet files shall be printed on sheets conforming to City of Bremerton standard title and border blocks format. All sheets shall be signed and stamped for inclusion into the PS&E document. B. ! set of Contract Special Provisions for the construction contract. A listing of the General Special Provisions with fill-ins completed and amendments to the Standard Specifications required for this Project shall be provided. C. A draft Summary of Quantities, with unit and lump sum prices, from which an Engineer's Estimate will be developed. Sufficient backup information to substantiate lump sum, estimated, or nonstandard items shall be provided. 503 Preparation of Tunnel Plans 503,1 Structures Final Design The Consultant will use the approved grade and alignment and the preferred structure types identified in the final T. S. & L. report and proceed to develop final plans. The consultant shall prepare structural design and construction documents for the cut and cover tunnel structure. The Consultant shall furnish design calculations for all structures, which shall have been prepared by a Professional engineer, licensed under Title 18 RCW, in the State of Washington, in structural engineering. The Consultant shall pay a great deal of attention to soil- structure interaction for gravity and seismic loading. The Consultant shall detail all structures, retaining walls and foundations in sufficient clarity to be constructible at minimum impact to the local traffic and businesses. All structural work shall be in strict conformance with AASHTO and WSDOT Bridge Design Manual. The Consultant shall prepare preliminary support of excavation schemes that will support the existing structures, soils and adjacent roadway. All structure final plans shall be prepared in accordance with WSDOT approved plan preparation procedures. Final plans shall be consistent with structure site data, previously approved layout plans, and approved channelization plans. The Consultant shall assist the City in obtaining permits required for the project. The Consultant shall prepare a design memorandum. Plans for the structure(s) shall be fully dimensioned and shall show complete construction elevations. The plans shall also include schedules for steel reinforcing bars. Such schedules shall provide all of the necessary detail required for the fabrication of the reinforcement. 7/18/03 29 Exhibit B-1 Scope of Services 503.2 (~A/QC Review The Consultants internal QA/QC procedures will be utilized throughout the design effort on this Project. Independent check of the structural analysis and design calculations and structural plans will be performed. Checks will also be made of computer program input as well as the accurate use of the results. Drawings and details will be reviewed for constructability and conformance to the design and the approved drawing standards. Prior to the 60 percent design submittal, the Consultant intends to conduct a plan-in-hand or constructabilRy review on site for the various elements on the Project. Experienced senior engineers who are familiar with construction practices will perform this review. A 60 percent set of plans will be used for the review wherein they will be checked for coordination with existing facilities, site constraints, utilities, construction staging, construction access, and various other constructability issues that are site specific. 503.3 Geotechnical Services The Consultant shall analyze and provide foundation documentation to substantiate the types of retaining walls, and tunnel foundations proposed in this Project. The tasks required to complete the geotechnical work will be as outlined below. Consultant will provide geotechnical consultation during the final design phase of the project. A. Once the project features have been finalized, the draft geotechnical report prepared during the preliminary engineering phase will be updated and finalized (see Task 408.6). B. Technical memoranda with geotechnical recommendations will be submitted, as needed, throughout the final design process. These memoranda will be incorporated into the final geotechnical report. C. Review of the geotechnical portions of the 60%, 95% and 100% plans and specifications will be performed. De/iverable~. A. Technical Memoranda (as needed) B. Final Geotechnical Report 504 Final Design Tunnel Support Systems 504.~. ~[ncident Zdentification Provide Summary of Incident ~'dentification Workshop to Emergency Responders for the Contractors use in creating an Incident Response/Management Plan. Assumpt/on$: From workshop noted in 406.1, Consultant will include a scope of work in the Construction Documents for the contractor to undertake during the construction of the project to finalize any incident response plans with the emergency services groups. The number of meetings, expected deliverables and participants expected will be detailed so the Contractor is aware of their responsibilities. 504.2 Mechanical / Electrical Ventilation A. Select thrust required for air flows B. Select number of fans based on air movement required C. Prepare detail design and specification of ventilation system D. Prepare detail design and specification of controls systems E. Based on the preliminary design requirements, detail traffic detection loops and controller for ventilating equipment. 7/18/03 30 Exhibit B-1 Scope of Services Deliverable. Detail design of system. Fire Detection / Suppression Systems Based on system parameters determined in preliminary study, detail the following: A. Water main standpipe with hose reels B. Tunnel heat detection system C. Flame traps in tunnel to capture fuel fire Assumption~. A. It is assumed no deluge or sprinkler system is required for the tunnel because of the Iow traffic volume and intermittent use. B. This must be confirmed with the Fire Department. C. A standpipe system will be designed for the tunnel. Deliverab/~. Detail design of system. Tunnel Power Supply Based on system requirements determined in preliminary study detail the following, A. ]nterconnection(s) with Power Supply Authority B. Single or dual high voltage connection C. Low voltage power connections to lights, fans, pumps and control systems D. Back up supplies such as generator, UPS, automatic changeover etc Deliverable: Detail design of system. Tunnel Lighting Based on lighting standard and access zone luminance, detail the following: A. Threshold, transition, interior lighting zones B. Select luminaire photometrics and performance requirements C. Detail mounting arrangements and circuiting for lighting D. Select portal luminance meter and specify same Deliverable: Detail design of system. Control Building / Substations A. Interface with Architect and building designer as required B. Design mechanical electrical systems for buildings as required Deliverable. Detail design of electricaJ / mechanical systems. 504.3 Safety Systems Emergency Egress Locations Based on preliminary design requirements, detail the following systems: A. Spacing and location of emergency egress points B. Equipment required at each station Tunnel Specific Safety & Security Systems Based on preliminary design requirements, detail the following systems: A. Tunnel variable message signs B. Lane use signals C. Closed Circuit Television Systems D. Flotorist Emergency Telephone system E. Radio Communication system 7/18/03 31 Exhibit B-1 Scope of Services F. Public Address System G. Automatic Incident Detection System H. Tunnel Closed Devices Network Communication Systems Direct Telephone Lines to emergency services groups K. Prepare and list operation and maintenance requirements L. Detail tunnel operations center De//verab/e: Detail design of system. 504.4 Tunnel Environmental Control Study Tunnel Specific Environmental Issues A. Deliverab/es: A. Incident Identification Summary B. Nechanical / Electrical C. Safety Systems D. Tunnel Environment Control Study E. Opinion of Probable Cost 504,5 Tunnel Support Services "Tunnel Support Services" encompass the service and logistical functions required to deliver the services as listed in 504.2 and 504-.3. These services include: A. Project Review IHeetings with other members of team B. Project Controls/Scheduling effort C. Estimating Effort D. QA/QC effort, as part of one subcontractor's [SO 9000:2000 certified process 505 Final Design and PS&E Deliverables A. General Plans - 60%, 95%, 100% B. Demolition Plans - 60%, 95%, and 100% Submittals C. Roadway Plans - 60%, 95%, and 100% Submittals D. Cross Section Notebook E. TESC, Drainage and Stormwater Plans - 60%, 95%, and 100% F. Submittals G. Sitework Plans - 60%, 95%, and 100% Submittals H. Right of Way Needs (takes, permanent and construction easements) [. Document -]. Right of Way Plans - Incorporation into 60%, 95%, and 100% Submittals K. Street Lighting Plans - 60%, 95%, and 100% Submittals L. Utility Plans - 60%, 95%, 100% Submittals M. Traffic Plans - Incorporation into 60%, 95% and 100% Submittals N. Architectural Plans - Incorporation into 60%, 95%, and 100% Submittals Assumpt/on~: It is generally assumed the following number of drawings represent the level of effort involved in Final Design and PS&E Deliverables. General Plans- 10 Roadway Section and Details - 12 Alignment of Right of Way - 5 Quantity Tabulations - 12 Site Preparation - 12 7/18/03 32 Exhibit B-1 Scope of Services Drainage and Utilities - 30 Temporary Erosion & Sedimentation Control - 4 Landscape and Streetscape - 24 Paving Plan - 8 Channelization and Striping - 8 Illumination and Lighting - 8 Signalization - 8 Traffic Control Detour - 18 Structural - 102 Tunnel, Ventilation, Mechanical, Electrical - 36 Architectural (WSF Building) - 2S 506 Specifications Special Provisions using WSDOT standard format will be prepared. 507 Cost Estimating Opinion of Probable Costs will be prepared using WSDOT standard format. 508 Develop Construction-Phase Public Information Plan At the 60-percent design stage, A. Analyze Environmental findings and preliminary design for key public information points, milestones, items of interest, safety considerations and potential public concerns. B. Develop plan, including purpose statement, key audiences, too~s, tactics, budget, timeline and key messages. ~lssumpt/on: One round of Client revisions. De/iverab/~.. Five copies of Construction-Phase Public Information Plan. 600 CONSTRUe: I ~ON SUPPORT SERVICES The Consultant shall provide engineering support throughout the construction duration of the Project. The consultant shall work under the City's Project Engineer / Project rvlanager in charge of construction. Consultant shall provide services during bid period by responding to bidder's questions and updating drawings and specifications during construction bid period for addenda as required. Issuance of photocopies with hand notations is acceptable for minor changes. The Consultant shall perform bid support services and conform Bid documents to "Issue for Construction"; and shall respond to Contractor's request for information during the bid phase and modify contract documents when appropriate. The Consultant will assist the City of Bremerton staff with support services during construction. These services may include: 601 Assist City in Contract Award Attend Pre-Bid Meetings. 602 Preconstruction Conference Attend The Preconstruction Conference 603 Attend Weekly Coordination Meetings Attend periodic construction office progress meetings when requested by the City of Bremerton and contractors. 604 Prepare As-Built Drawings Prepare As-Built Drawings For The Project. 605 Review Contractor Submittals Review of submittals, including shop drawings and Formwork Submittals 606 Review Construction Methods and Procedures 7/18/03 33 Exhibit B-1 Scope of Services A. Review Contractor Proposed Construction Methods And Procedures For The Various Components Of The Structures B. When requested, perform periodic field visits during construction to observe construction progress and document any relevant observations to City of Bremerton. C. Prepare Field Observation Reports 607 Clarification of Contract Drawings A. Provide The Clarification And Interpretation Of Contract Drawings. B. Review and response to Requests for Information (RF~'s) C. Provide design clarification and decisions as required and requested by City of Bremerton for response to the construction contractor. 608 Carry Out Construction-Phase Public Information Plan A. Draft written materials: News releases, fact sheets, flyers, web postings, Rider Alerts, etc. Reproduction costs, graphic services and distribution costs will be billed as direct costs. Assumes one site visit. B. Coordinate three on-site events during construction (could be news conferences, milestone marker events, etc.) Assumes two site visits each, media kits with up to five inserts, one-page handout for participants, and 100 participants. C. Issues management: For unforeseen issues that arise requiring community outreach, media relations, etc. Assumes five site visits, five 2-page handouts each Reproduction billed as direct costs. Assumption: The City will plan and coordinate groundbreaking ceremonies or ribbon-cutting ceremonies without the assistance of the Consultant. Deliverable: All collaterai pieces as prescribed by the plan. 609 :Instrumentation and Iqonitoring Pre-Construction Survey Prior to any on site Contractor activities, pre-construction surveys of existing structures (those that will remain in place) will be performed. This will include visual inspection of accessible building foundations, exterior and interior walls, and surrounding slabs/walkways. Documentation of this survey will include digital photographs, video, and sketches. Some crack monitoring devices may be installed on existing cracks during this survey. Construction Instrumentation A. Develop design drawings for instrumentation layout and configurations. B. Develop instrument monitoring schedule. C. Procure and perform pre-installation testing of instrumentation D. Subcontract a local surveying company to establish monitoring points along alignment surface and adjacent buildings. Baseline readings will be performed prior to start of construction. During construction, readings should follow developed schedule. E. install inclinometer casings at selected locations along proposed excavation to monitor wall deflections, which could result in surface settlement. Baseline readings will be performed after installation. During construction, readings should follow developed schedule. F. i'nstall strain gages on Contractor-installed bracing struts. Baseline readings will be performed prior to installation. During construction, readings should follow developed schedule. G. Monitor water levels in wells along alignment. Baseline readings will be performed prior to construction. During construction, readings should follow developed schedule. 7/~-8/03 34 Exhibit B-1 Scope of Services H. Consultant will provide results of instrumentation monitoring within 1 business day of collecting data. All data will be plotted to represent deformations and changes in water level as a function of time and rate of excavation. Assumptions for Task 600: Since the level of effort for Construction Support Services cannot be accurately predicted, the Consultant's estimated level of effort represented in the Cost Proposal for Construction Support Services is an allowance only; which is to be expanded on a time and material basis. Additional work in this task will be carried by mutual agreement under a Contract Change Order. Full definition of services and costs under this task will be developed by Consultant and City of Bremer/on and the Contract amendment executed prior to project construction advertisement. 700 QUAL/TY ASSURANCE/QUALTTy CONTROL The quality assurance/quality control (QA/QC) program for the project shal~ follow Consultant's QA/QC process outlined in its Quality Assurance/Quality Control Program I~anual. Each member of the consultant team will be expected to subscribe to Section QAP-600 - Quality Control Reviews and QAP-700 - Quality Assurance Measurement. The specific elements of the program include: 701 Tntra-Znter Discipline ~C Review Section QCP-601 of the QA/QC Manual provides guidelines for intra/inter-discipline checking of drawings, calculations and specifications for technical and formal review. This procedure applies to all projects unless otherwise specified by the Consultant Project Manager. The intra-discipline review process outlines procedures for the Originator, Checker, Originator Follow-up Procedure (Backchecking) and Rechecker. The inter-discipline review procedure is to verify consistency throughout project disciplines. Project standards will be provided to all disciplines that will provide the desired quality product. The process for inter-discipline reviews includes; inter discipline coordination review meeting preparation; inter disciplinary coordination review meeting; client submission; and review and revision after receipt of comments. 702 Calculations QC Review Design calculations preparation shall follow Section QCP-620 of the QA/QC Manual, which sets for the procedures for calculation preparation and review. Design calculations shall conform to all applicable code regulations established or adopted by the City of Bremerton and shall form a complete record of the design process, including tried and rejected solutions. 703 Drawings QC Review Section QCP-630 of the Consultant QA/QC Manual prescribes the procedure for preparation and checking of drawings for projects. 704 Specifications QC Review Section QCP-64*0 of the Consultant QA.QC Manual outlines the procedure for developing the specification format, preparation of specifications, methods for checking and revising the specifications. 705 Opinion of Probable Construction Cost QC Review Section QCP-650 of the Consultant QA/QC Manual outlines the procedures for developing and maintaining the project construction cost estimates. The procedure includes consultation with the City of Bremerton and project cost estimator to define the contractual cost estimating criteria. In the absence of City standards, Exeltech Consulting, Inc.'s standards will apply. ~18/03 35 Exhibit B-1 Scope of Services 706 Document/Technical Reports QC Review Section QCP-660 of the Consultant QA/QC Manual prescribes specific procedures and stands for preparing technical and Discipline Reports for the project. All technical reports will follow the same general format unless otherwise modified by the Consultant Project Manager. The procedure outlines content and format, document format standards, technical report review, and technical report approval. 707 Construction Administration qC Review Section QCP-670 of the Consultant QA/QC Manual prescribes guidelines for the documentation of all correspondence, clarifications, site observations, and submittal reviews for the project construction. Alt interactions with the contractor, owner, or other design team members shall be documented and filed with the City. 708 Value Engineering Value Engineering will be integrated into the project as a philosophy rather than a one-time effort. Project team meetings and discussions will consider ideas and proposals that will improve the project and final product. Value Engineering effort will occur near the end of Phase 2 Preliminary Design to verify and/or modify assumptions used in the design of the project. 709 Constructability Review Prior to final design of the project, an independent review by a party not involved in the design of the project will conduct a review to evaluate the construction elements of the project. After consideration of comments from the independent constructability review, revisions to the project design, specifications or cost will be compiled and incorporated into the project prior to contract advertising. 800 WSF OFFI'CE BUl'LDi'NG & TOLL BOOTHS 801 Review & Update Program Needs The program for the Agent Office and Toll Booth, dated 16 September 1997, will be the basis of design. The program was developed during the planning phase for BTC as a portion of BTC Phase C work. An update of requirements for WSF needs was reviewed during the Phase 1 of the BTC & Pedestrian Access project (spring 2003). Assumption~. A. This scope includes one meeting with the project team and the City of Bremerton, WSF and Kitsap Transit to update the program. B. The siting issues relative to the BTC car holding area, First St. right-of-way and BTC entry approach is assumed to be a product of Phase I of the BTC & Pedestrian Access study, or provided by others. C. The design team will develop the site plan and general arrangement of the Agent Office and Toll Booths based on the program and designated site location. The program is understood to generally require an approximately 1000 square foot office building with general office space and restrooms. D. There will be accommodation for 4 Toll Booths with 3 assumed to be constructed during the first phase of construction. Toll Booths will have a customer service window, accommodation for point-of-sales operations, cash register, counter top or similar limited work space, future automated tariffs kiosk, and basic office-like sheltering including HVAC, but no restroom or other plumbing fixtures. De//verab/~. Revised program for final approval. 802 Preliminary Design - WSF Office Building & Toll Booths 7/18/03 36 Exhibit B-1 Scope of Services Prel!minary design will include schematic and design development architectural design and engineering design of the Agent Office and Toll Booths. This includes architectural services for both the buildings and the site, structural design engineering for the buildings, mechanical engineering and electrical engineering for the building, and design coordination with an interior designer or furniture vendor. The submittal documents for schematic design (SD) shall be schematic architectural drawings of the site and buildings with design narratives from the support disciplines describing the overall schematic design concept. The design development (DD) submittal will be the "preliminary design" submittal including design development level architectural drawings with plans, elevation views and limited details for the building and site. This submittal will also include design development level drawings for buildings' structure, mechanical, electrical and communications systems. Outline specifications will be developed and submitted with the design development submittal. These services are generally described as follows: Schematics A. Review scope of work/criteria for requirements for tollbooths and support offices. B. Review approved site layout for determining adaptation of tollbooths and support offices. C. Establish architectural theme acceptable to all relevant parties. D. Create an approved concept for the facility along with adaptation of this scheme into the given site configuration. E. Provide preliminary research into the various potential products needed by all the disciplines for use in the new facility. F. Verify through preliminary costing that the concept is economically viable. Design Development A. Research and gather more in-depth information about the products determined in the schematic phase to be candidates for use on the project. Includes determination of compatibility of materials and systems chosen. B. Review costs of materials and systems selected for compatibility with budget goals. C. Work with the various disciplines (structural, mechanical, electrical, plumbing, interior design, civil, and landscape) to insure their work integrates one to the other and with the architectural concept. D. Begin formal drawings carried to a level of detail that verifies that the major elements of the facility fit the parameters detailed by project scope, budget, and constructability. Elements of the schematics and design development package are as follows: 802.1 Design MeeUngs One meeting with the Project Team and City of Bremerton, WSF and Kitsap Transit for the purpose of developing an approved concept prior to final submission of Schematic Design and Design Development Documents. 802.2 Architectural Plans Presentation of the architectural plans, elevations and sections that clearly depict the concept for the facility. Written narrative included. 802.3 Structural Plans Presentation of the type of structural framing system selected and a general framing layout showing preliminary framing member sizes, lateral resisting system and proposed foundation system. Written narrative included. 802.4 Electrical 7/18/03 37 Exhibit B-1 Scope of Services Presentation of the general, conceptual layout for lighting, power and communications. Written narrative included. Written narrative included. 802,6 Nechanical Presentation of the general, conceptual layout for the heating, ventilating and air conditioning systems. Written narrative included. 802.6 Specifications Outline specifications indicating the major sections intended to be used for the facility. 802.7 Cost Estimate Statement of probable costs for the Agent Office and Toll Booth facility based on the concept developed from the SD and DD phases. A$$urnpt/on: Work included and excluded in preliminary design will be similarly included or excluded in the final design phase. De/iverab/e~. One reproducible-ready copy of all electronically generated drawings and specifications of the schematic and design development phase documents. 803 Final Design - WSF Office Building & Toll Booths Final design will include completion of the design effort described above. The submittal product will be construction technical documents including necessary drawings and the technical specifications for the Project Manual. These services are generally described as follows: Construction Documents A. Expand on the work performed in the design development phase to refine all elements and how they will inter-relate. B. Examine costs based on the more refined documents. C. Perform imdepth research of materials chosen for final decision on their use in the project and to provide the basis for the final drawings and specifications. D. Complete the construction documents to a permittable, constructible set of plans and specifications. Elements of the final design package are as follows: 803,1 Interior Design & Furniture Presentation of selected interior colors, fabrics, furnishings for the Agent Offices and Toll Booths. 803,2 Architectural Plans Plans, elevations, sections and details suitable for permitting and construction. 803.3 Structural Plans Complete structural calculations, framing plans and details suitable for permitting and construction. 803.4 Electrical Complete electrical calculations, power, lighting and communicatJon plans suitable for permitting and construction. 803.5 Mechanical 7/18/03 38 Exhibit B-1 Scope of Services complete HVAC calculations and plans suitable for permitting and construction. 803,6 Specifications Detailed technical specifications based on the outline specifications provided in the DD phase describing the products, materials and level of quality to be adhered to in the installation of those products and materials. 803.7 Cost Estimate Opinion of probable costs for the Agent Office and Toll Booth facility based on the final construction documents. Deliverables. A. One reproducible copy of all electronically generated drawings and specifications of the final design phase documents. B. Opinion of Probable Cost. 7/18/03 39 97 Exhibit B-2 Scope of Work (Task Order Agreement) Each item of work under this AGREEMENT will be provided by task assignment. Each assignment will be individually negotiated with the CONSULTANT. The amount established for each assignment will be the maximum amount payable for that assignment unless modified in writing by the AGENCY. The AGENCY i.,; not obligated to assign any specific number of tasks to the CONSULTANT, and the AGENCY'S and CONSULTANT'S obligations hereunder are limited to tasks assigned in writing. Task assignments may include but are not limited to, the following types of work: A. Phase 1 Environmental Documents and Supporting Work B. Phase 2 Pre!iminary Dj_sign and Supporting Work C. Phase 3 Final Design and Supporting Work D. Phase 4 Construction Support Services and Supporting Work E. F. Task assignments made by the AGENCY shall be issued in writing by a Formal Task Assignment Document similar in format to page 2 of this exhibit. An assignment shall become effective when a formal Task Assignment Document is signed by the CONSULTANT and the AGENCY, except that emergency actions requiring a 24-hour or less response can be handled by an oral authorization. Such oral authorization shall be followed up with a Formal Task Assignment Document witlrin four working days, and any billing rates agreed to orally (for individuals, subconsultants, or organizations whose rates were not previously established in the AGREEMENT) shall be provisional and subject to final negotiation and acceptance by the AGENCY. Formal Task Assignment Document Task Number Phase 1 The general provisions and clauses of Agreement shall be in full force and effect for this Task Assignment Location of Project: Bremerton, Washington Project Title: Downtown Pedestrian/Bremerton Transportation Center Access Improvements Maximum Amount Payable Per Task Assignment: $565,844.00 Completion Date: Description of Work: (Note attachments and give brief description) Environmental Documents and Supporting Work Agency Project Manager Signature: Date: Oral Authorization Date: See Letter Dated: Consultant Signature: Date: July 11, 20_03 _ Agency Approving Authority: Date: /00 Formal Task Assignment Document Task Number Phase 2 The general provisions and clauses of Agreement shall be in full force and effect for this Task Assignment Location of Project: Bremerton, Washington Project Title: Downtown Pedestrian/Bremerton Transportation Center Access Improvements Maximum Amount Payable Per Task Assignment: $1,094,833.00 Completion Date: Description of Work: (Note attachments and give brief description) Preliminary Design and Supporting Work Agency Project Manager Signature: Date: Oral Authorization Date: See Letter Dated: Consultant Signature: ~ Date: July_ 1__1, 2003 Agency Approving Authority: ~./ ~/ Date: Formal Task Assignment Document Task Number Phase 3 The general provisions and clauses of Agreement shall be in full force and effect for this Task Assignment Location of Project: Bremerton, Washington Project Title: Downtown Pedestrian/Bremerton Transportation Center Access Improvements Maximum Amount Payable Per Task Assignment: $1,610,114.00 Completion Date: Description of Work: (Note attachments and give brief description) Final Design and Supporting Work Agency Project Manager Signature: Date: Oral Authorization Date: See Letter Dated: Consultant Signature: Date: J~!y 11, 20_03 _ Agency Approving Authority: Date: Io2,. Formal Task Assignment Document Task Number Phase 4 The general provisions and clauses of Agreement shall be in full force and effect for this Task Assignment - - Location of Project: Bremerton, Washington Project Title: Downtown Pedestrian/Bremerton Transportation Center Access Improvements Maximum Amount Payable Per Task Assignment: $615,013.00 Completion Date: Description of Work: (Note attachments and give brief description) Construction Support Services and Supporting Work Agency Project Manager Signature: Date: Oral Authorization Date: See Letter Dated: Consultant Signature: ~ Date: July 11, 2003 Agency Approving Authority: Date: Io3 Exhibit C-2 Payment (Cost Plus Fixed Fee) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for all work performed or services rendered and for all labor, materials, equipment, and incidentals necessary to complete the work specified in Section Il, "Scope of Work." The CONSULTANT shall conform with the applicable portion of 48 CFR 3 I. A. Actual Costs Payment for all consulting services for this project shall be on the basis of the CONS ULTANT's actual cost plus a fixed fee. The actual cost shall include direct salary cost, overhead, and direct nonsalary cost. 1. Direct Salary Costs The direct salary cost is the direct salary paid to principals, professional, technical, and clerical personnel tbr the time they are productively engaged in work necessary to fulfill the terms of this AGREEMENT. 2. Overhead Costs Overhead costs are those costs other than direct costs which are included as such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall be made at the rate shown in the heading of this AGREEMENT, under "Overhead Progress Payment Rate." Total overhead payment shall be based on the method shox~m in the heading of the AGREEMENT. The three options are explained as follows: a. Actual Cost Not To Exceed Maximum Percent: If this method is indicated in the heading of this AGREEMENT, the AGENCY agrees to reimburse the CONSULTANT at the actual overhead rate verified by audit up to the maximum percentage shown in the space provided. Final overhead payment when accumulated with all other actual costs shall not exceed the total maximum amount payable shown in the heading of this AGREEMENT. b. Fixed Rate: If this method is indicated in the heading of the AGREEMENT, the AGENCY agrees to reimburse the CONSULTANT for overhead at the percentage rate shown. This rate shall not change during the life of the AGREEMENT. A summary oftbe CONSULTANT's cost estimate and the overhead computation are attached hereto as Exhibit D-1 and by this reference made part of this AGREEMENT. When an Actual Cost method, or the Actual Cost Not To Exceed method is used, the CONSULTANT (prime and all subconsultants) will submit to the AGENCY within three months after the end of each firm's fiscal year, an overhead schedule in the format required by the AGENCY (cost category, dollar expenditures, etc.) for the purpose of adjusting the overhead rate for billing purposes. It shall be used for the computation of progress payments during the following year and for retroactively adjusting the previous year's overhead cost to reflect the actual rate. Failure to supply this information by either the prime consultant or any of the subconsultants shall cause the agency to withhold payment of the billed overhead costs until such time as the required information is received and an overhead rate for billing purposes is approved. The STATE and/or the Federal Government may perform an audit of the CONSULTANT's books and records at any time during regular business hours to determine the actual overhead rate, if they so desire. 3. Direct Nonsalary Costs Direct nonsalary costs will be reimbursed at the actual cost to the CONSULTANT. These charges may include, but are not limited to the following items: travel, printing, long distance telephone, supplies, computer charges, and fees of subconsultants. Air or train travel will only be reimbursed to economy class levels unless otherwise approved by the AGENCY. Automobile mileage for travel will be reimbursed at the current rate approved for AGENCY employees and shall be supported by the date and time of each trip with origin and destination of such trips. Subsistence and lodging expenses wilt be reimbursed at the same rate as for AGENCY employees. The billing for nonsalary cost, directly identifiable with the Project, shall be an itemized listing of the charges supported by copies of original bills, invoices, expense accounts, and miscellaneous supporting data retained by the CONSULTANT. Copies oftbe original supporting documents shall be provided to the AGENCY upon request. All of the above charges must be necessary for the services to be provided under this AGREEMENT. 4. Fixed Fee The fixed fee, which represents the CONSULTANT's profit, is shown in the heading of this AGREEMENT under Fixed Fee. This amount does not include any additional fixed fee which could be authorized from the Management Reserve Fund. This fee is based on the scope of work defined in this AGREEMENT and the estimated man-months required to perform the stated scope of work. In the event a supplemental agreement is entered into for additional work by the CONSULTANT, the supplemental agreement may include provisions for the added costs and an appropriate additional fee. The fixed fee will be prorated and paid monthly in proportion to the pementage of work completed by the CONSULTANT and reported in the monthly progress reports accompanying the invoices. Any portion of the fixed fee earned but not previously paid in the progress payments will be covered in the final payment, subject to the provisions of Section IX, Termination of Agreement. 5. Management Reserve Fund The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator the flexibility of authorizing additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $50,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the Management Reserve Fund is shown in the heading of this agreement. This fund may be replenished in a subsequent supplemental agreement. Any changes requiring additional costs in excess of the "Management Reserve Fund" shall be made in accordance with Section XIV, "Extra Work." 6. Maximum Total Amount Payable The maximum total amount payable, by the AGENCY to the CONSULTANT under this AGREEMENT, shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, which includes the Fixed Fee and the Management Reserve Fund. The Maximum Total Amount Payable does not include payment for extra work as stipulated in Section XIV, ~'Extra Work." Io5 B. Monthly Progress Payments The CONSULTANT may submit invoices to the AGENCY for reimbursement of actual costs plus the calculated overhead and fee not more often than once per month during the progress of the work. Such invoices shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under Section lll, General Requirements, of this AGREEMENT. The invoices will be supported by an itemized listing for each item including direct salary, direct nonsalary, and allowable overhead costs to which will be added the prorated Fixed Fee. To provide a means of verifying the invoiced salary costs for CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, and present duties of those employees performing work on the PROJECT at the time of the interview. C. Final Payment Final payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such final payment by the CONSULTANT shall constitute a release of all claims for payment which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said final payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and that at the time of final audit, all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within ninety (90) days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. D. Inspection of Cost Records The CONSULTANT and the subconsultants shall keep available for inspection by representatives of the AGENCY and the United States, for a period of three years after final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim, or audit arising out of, in connection with, or related to this contract is initiated before the expiration of the three-year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. Exhibit D-1 Consultant Fee Determination - Summary Sheet (Lump Sum, Cost Plus Fixed Fee, Cost Per Unit of Work) Project: Downtown Pedestrien/Bremerton Trensporte~on Center Access Improvements Direct Salary Cost (DSC) Consultant:. EXELTECH Code Ctessiflcatlon Han Hours LABOR Hours Rate Dollars 05 Principa~ 612 x ;50.60 = $30,967.00 10 (~A/QC 489 x ;49.00 = $23,961.00 15 Structural Lead 2,493 x ;49.00 = $122,157.00 20 Structural Engineer 1 2,028 x ;41,00 = $83,148.00 25 Structural Engineer 2 2,375 x ;32.00 = $76,000.00 30 Environmental Lead 1,398 x ;40.00 = $55,920.00 35 Environmental Support 904 x ;29.00 = $26,216.00 40 Civil Lead 2,648 x ~41.00 = $1.08,568.00 45 Civil Engineer I 536 x ~35.00 = $1.8,760.00 50 Civil Engineer 2 105 x ;32.00 = $3,360.00 55 Civil Engineer 3 80 x ~26.00 = $2,080.00 55 ConstmclJon Management Lead 268 x ;37.00 = $9,916.00 55 Construction Engineer 1. 0 x ;30.00 = $0.00 55 Consb-uctten Engineer 2 0 x ;27.00 = $0.00 55 Building Engineer 1 320 x ;38.00 = $1.2,160.00 55 ProJect Controller 520 x ;28.00 -- $14,560.00 55 Admtn Support I 176 x ;21.00 = $3,696.00 55 Admin Suppo~ 2 288 x ;15.00 = $4,320.00 55 Document Editor 144 x ;26.00 = $3,744.00 55 CADD Tech 1 1,788 x ;25.00 = $44,700.00 55 CADD Tech 2 940 x ;22.50 = $21,150.00 55 CADD Tech 3 340 x ;20.00 = $6,800.00 Total Hours 18;452 Total DSC = $672,183.00 % [ncraase % of Work Escalation for '04 5 50 = $16,804.58 Escalation for 'OS 5 20 = }13~443.66 Escalated Total DSC $702,4:31.24 Overhead (OH Co~c -- including Salary Additives) OH Rate x DSC of 162.35% x 702r431..24 $:1.,:L40,397.11. Fixed Fee (FF): FF Rate x DSC of 30.00% x 702~431.24 $2:1.0,729.37 Relmbursabtes Z~mized Quantity Units Rate Meals and Lodging 130 each @ $15.00 $1,950.00 Plans - PlotUng / Repro 5,400 each @ $4.50 $24,300.00 Happing/Photos/Surveys each @ $3.50 $0.00 Reproduction and Pdnflng 25,000 copies @ $0.15 $3,750.00 Field Equipment Rental Lump Sum $4,000.00 Computers $0.00 Postage and Supplies 300 Est @ $2.00 $600.00 Ferry Fare 80 $8.00 $640.00 Travel 18,000 miles @ $0.36 ~6t480.00 Reimbursables Total $41,720.00 Subconsultant Costs (See Exhibit G): $1f790f525.86 Grand Total $3,885,803.58 Prepared ~ Santosh Kumvilla & Bernie Chaplin Date: June 26f 2003 7/11/03 Exhibit E Breakdown of Overhead Cost Exeltech Consulting, Inc. December 31, 2000 as reported by WSDOT Audit June 2001 Audited % Account Titles Amount of Direct Labor Direct Labor Base 644,578 Indirect Expenses Indirect Salaries 348,099 54.00% Bonuses 48,450 7.52% Vacation 46,179 7.16 % Sick Leave 27,316 4.24% Holidays 33,776 5.24% FICA & Medicare 93,136 14.45% FUTA 2,509 039% Employment Security 22,019 3.42% L&I 4,552 0.71% Health Insurance 73,210 11 36% Pr-TR Differences - Salaries 2,556 0.40% 401(k) Matching Contributions 0.00% Personnel Recruitment 1,773 0.28% B&O Taxes 29,297 4.55% Property Taxes 566 0.09% Legal 4,813 0.75% Accounting 250 0.04% Computer Services 6,993 1.08% Bank Cha~ges 969 0.15% Rent 89,398 13.87% Postage & Equipment Rental 821 0.13% Lease Equipment 32,365 5.02% Utilities 4,747 0.74% Computer Software 1,033 0.16% Maintenance 4,470 0.69% Supplies - Clerical 8,790 1.36% Supplies - Drafting 2,716 0.42% Supplies - Maintenance & Computer 2,090 0.32% Postage & Freight 5,401 0.84% Printing & Reproduction 12,691 1.97% Telephone/Communications 36,967 5.74% Prof. IFesslLic. IDues 6,176 0.96% Professional Seminars 2,078 0.32% Client Meetings & Meals 535 0.08% Travel- Meals 499 0.08% Travel - Mileage 645 O. 10% Travel - Transportation 14,196 2.20% Parking 4,462 0.69% Travel- Lodging 1,937 0.30% Moving - Job Related 000% Vehicle Expense- Gas & Misc. 5,104 0.79% Professional Literature 388 0.06% Publications 227 0.04% Advertising 310 0.05% Insurance - Auto 2,863 044% Insurance - Professional Liability 22,107 3.43% Insurance- Disability 2,812 0.44% Insurance - General Liability 3,250 050% Subscriptions 1,855 0 29% Miscellaneous (459) -0 07% Depreciation 22,646 3.51% Staff Functions 2,780 043% Coffee & Suppies 4,125 0 64% Ir046,488 162 35% Exhibit F Payment Upon Termination of Agreement By the Agency Other Than for Fault of the Consultant (Refer to Agreement, Section IX) Lump Sum Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made shall total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the total work required for the PROJECT. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Cost Plus Fixed Fee Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total work required for the Project. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Specific Rates of Pay Contracts A final payment shall be made to thc CONSULTANT for actual hours charged at the time of termination of this AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT. Cost Per Unit of Work Contracts A final payment shall be made to the CONSULTANT for actual units of work completed at the time of termination of this AGREEMENT. Exhibit G Subcontracted Work The agency permits subcontracted work for the following portions of the work of this agreement Activity Subconsultant Fee Project Management Demich Consultin~l $274,733.75 Environmental thru Construction H.W. Lochner $480,365.30 Streetscape, Env. Supp, ROW, Survey David Evans & Assoc. $285,297.30 Mechanical & Electrical Sandwell $284,059.87 Geotechnical Shannon & Wilson $166,991.38 Environmental Support NWA $41,673.07 Environmental Support Michael Minor $ Assoc. $29,240.00 Public Information The Demich Group $65,030.54 WSF Office Building & Toll Booths Art Anderson $163,134.65 Total Subcontracted Work $1,790,525.86 Ii0 Exhibit G- 1 Subconsultant Fee DeterminaUon - Summary Sheet Downtown Pedestrian/Bremerton TransportaUon Center Access Zmprovements Start Date 3une 1, 2003 City of Bremerton Task Description: Environmental through Construction End Date April 1, 2006 $ubconsultant Fee Determination Subccmsultant: Demich Consulting Project # 0324 Classification Hours Rate Dollars Project Manager 2,006 x $125.00 $250,750.00 Total Hour 2,006 Total DSC $250,750.00 % Tncrease % of Work EscalaUon for '04 5 50 = $6,268.75 EscalaUon for '05 5 20 $5,015.00 Escalated Total $262,033.75 Overhead (OH Cost -- including Salary Additives) OH Rate x DSC of 0.00% x 262,033.75 = $0.00 Fixed Fee (FF): FF Rate x DSC of 0.00% x 262,033.75 = $0.00 Reimbursables Ztemized Quantity Units Rate Meals and Lodging day @ = $0.00 Mileage 35,000 mi @ $0.36 = $12,600.00 Mapping/Photos/Surveys 0 each @ = $0.00 Reproduction and Printing 0 copies @ = $0.00 Field Equipment Rental 0 each @ = $0.00 Postage and Supplies Est @ : $100.00 Reimbursables Total $12,700.00 Grand Total $274,733.75 Prepared By Gary Demich Date: 3une 26, 2003 7/10/03 Exhibit G-1 Subconsultent Fee Determination - Summary Sheet Downtown Pedastrian/Bremerton Transportation Center Acce~ Improvements Start Date 2une 1, 2003 City of Bremerton Task Description: Support Services End Date April 1, 2006 Subconsultent Fee DoterminaUon Subconsultent: David Evans & Assoc. Project # 0324 Classif'K~tion Hours Rate Dollars Principal in Charge 96 x $56.00 $5,376.00 Sr. Professional Land Surveyor 96 x $45.00 $4,320.00 PnYJect Surveyor 224 x $35.00 $7,840.00 Survey Technician 256 x $25.00 $6,400.00 Party Chief 38q x $26.00 $9,984.00 Instrument Person 384 x $18.00 $6,912.00 Property Specialist 36 x $20.00 $720.00 Sr. Property Specialist 78 x $35.00 $2,730.00 Real Estate Manager 30 x $38.00 $1,140.00 Managing Scieldist 97 x $41.00 $3,977.00 Sr: Scientist 112 x $33.00 $3,696.00 Sr. Planner 176 x $35.00 $6,160.00 Sr. Graphic Specialist 26 x $25.00 $650.00 AdministraUve Assistant 126 x $20.00 $2,520.00 Landscape Architect 291 x $34.00 $9,894.00 Landscape Architect 24 x $28.00 $672.00 Landscape Designer 375 x $22.00 $8,250.00 Landscape De~mgner 358 x $19.00 $6,802.00 Total Hour 3,169 Total DSC $88,043.00 % Increase % of Work Escalation for '04 5 25 $1,100.54 Escalation for '05 5 25 $2,201.08 Escalated Total $91,344.61 Overhead (OH Cost - including Salary Additives) OH Rate x DSC of 169.96% x 91,344.61 $155,249.30 Fixed Fee (FF): FF Rate x DSC of 30.00% x 91,344.61 $27,403.38 Reimbursables Itemized Quanti~/ Units Rate Meals and Lodging/Ferry Est. @ $1,500.00 Plans - Plotling / Repro 0 each @ $0.00 = $0.00 Mapping/Photos/Surveys 0 each @ $0.00 = $0.00 Reproduction and Printing FSt. @ = $750.00 Field Equipment Rental 0 each @ $0.00 = $0.00 Postage and Supplies 0 ESt @ $0.00 $250.00 Mileage 5000 Miles @ 0.36 = $1,800.00 Utility Locate Est, $4,000.00 Traffic Control ESt. $3,000.00 Reimbursables Total $11,300.00 Grand Total $285,297.30 Prepared By: Ron Anderson Date: June 26, 2003 Exhibit G-1 Subconsultant Fee DetorminaUon - Summa~/Sheet Downtown Pedestrian/Bremerton TransportaUon Center Access Improvements Start Date 3une 1, 2003 City of Bremerton Task DescrilYdon: Environmental through Construction End Date April 1, 2006 Subconsultant Fee Determination Subconsultant: H.W. Lochner Project # 0324 Classification Hours Rate Dollars Principal 60 x $62.85 = $3,771.00 Project blanager 470 x $48.27 = $22,686.90 Senior Tra~c Engineer 545 x $45.00 = $24,525.00 Traffic Engineer 376 x $36.70 = $13,799.20 Drainage/UUlities Engineer 584 x $35.00 = $20,440.00 Civil Engineer 1 1,248 x $29.43 = $36,728.64 Civil Engineer 2 751 x $26.39 = $19,818.89 CADD Tech 594 x $20.61 = $12,242.34 Admin Sul~ort 128 x $24.38 = $3,120.64 Total Hours 4,756 Total DSC = $157,132.61 % Increase % of Work EscalaUon for '04 5 50 = $3,928.32 EscalaUon for '05 3 10 = $1~257.06 Escalat~J Total = $162,317.g9 Overhead (OH Cost -induding Salary Additives) OH Rate x DSC of 165.14% x 162~317.99 = $268~051.92 Fixed Fee (FF): FF Rate x DSC of 30.00% x 162,317.99 = $48,695.40 Reimbursables ~ ~uanUty Units Rate Meals and Lodging 1 day @ $200.00 : $200.00 Mileage at .36 per mile I mile @ $350.00 = $350.00 Mapping/Photos/Surveys 1 each @ $100.00 = $100.00 Reproduction and Printing I copies @ $500.00 = $500.00 Reid Equipment Rental 0 each @ $0.00 = $0.00 Postage and Supplies I est. @ $150.00 = $150.00 Reimbursables Total $1,300.00 Grand Total $480,365.30 Denny Ingham Date: ]une 26, 2003 7/10/03 II 3 Exhibit G- 1 Subconsultant Fee Determination - Summary Sheet Downtown Pedea~.;an/Bremerton TraesportaUon Center Access Zmprovements Start Date 3une 1, 2003 City of Bremerton Task Description: Support Services End Date April 1, 2004 Subconsultent Fee DeterminaUon Subconsultent: Michael Minor & Assoc. Project # 0324 Classification Hours Rate Dollars Michael Minor 148 x $80.00 = $11,8zlO.00 Carl Bloom 220 x $75.00 = $16,500.00 Keri Stone 18 x $50.00 = $900.00 Total Hours 386 Total DSC = $29,240.00 % Increase % of Work EscalaUon for '04 0 10 = $0.00 Escalation for '05 0 0 = $0.00 Escalated Total DSC $29,240.00 Overhead (OH Cost - induding Salary Additives) OH Rate x DSC of 0.0% x 29,240.00 = $O.OO Fixed Fee (FF): FF Rate x DSC of 0.00% x 29,240.00 = $0.00 Retmbu~ables ~ quantity Units Rate Meals and Lodging = $0.00 Plans - Rotting / Repro 0 each @ $0.00 = $0.00 Mapping/Photos/Surveys 0 each @ $0.00 $0.00 Reproduction and Printing 0 mpies @ $0.00 = $0.00 Field Equipment Rental 0 each $0,00 = $0.00 Postage and Supplies 0 Est @ $0.00 = $0.00 Reimbursables Total $0,00 Grand Total $29,240.00 Prepared By: Michael Minor Date: 3une 26, 2003 Exhibit G-1 Subconsultant Fee Determination - Summary Sheet Downtown Pedestrlan/Bremerton Transportation Center Access Zmprovements Start Date 3une 1, 2003 City of Bremerton Task Description: Support Services End Date April 1~ 2004 Subconsultent Fee Determination Subconsultont: NW Arch. Assoc. Hours Rate Dollars Project Manager/Historic Preservation S 104 x $33.00 = $3,432.00 Senior Archaeologist 220 x $21.00 = $4,620.00 Historian 134 x $5~.$0 = $7,303.00 Staff Archaeologist 72 × $33.50 = $2,412.00 Graphics/Production 48 x $10.50 = $504.00 Total Hours ~ Total DSC = $18,271.00 % Increase % of Work Escalation for '04 5 30 $274.07 Escalation for '05 5 0 = $0.00 Escalated Total DSC = $18f545.07 Overhead (OH Cost -- including Salary Additives) OH Rate x DSC of 90.91% x ~18r5a,5.07 = $16,859.00 F'nged Fee (FF): FF Rate x DSC of 30.00% x ~18~545.07 = $5,564.00 Reimbursables Z~ed Quantity Units Rate Meals and Lodging = $0.00 Plans - Plotting / Repro 100 each @ $3.00 = $300.00 Mapping/Photos/Surveys 50 each @ $3.50 = $175.00 Reproduction and Printing 25 copies @ $6.00 = $150.00 Field Equipment Rental = $0.00 Computers = $0.00 Postage and Supplies 40 Est @ $2.00 = $80.00 Outside Computer = $0.00 Outside Consultants = $0.00 Reimbursables Total $705,00 Grand Total $41,673.07 Prepared By: Lorlea Hudson Date: June 26~ 2000 7/11/03 Exhibit G-1 Subconsultant Fee Determination - Summary Sheet Downtown Pedestrian/Bremerton Transportation Center Access Improvements Start Date lune 1, 2003 City of Bremerton Task DescripUon: Hech & Elect End Date April 1, 2006 $ubconsultant Fee Determination Subconsultant: Sandwell Project # 0324 ClasslficaUon Hours Rate Dollars 01 Senior Hanager / Specialist 152 x $48.26 = $7,335.52 02 Senior Supervisor / Specialist 692 x $39.83 = $27,562.36 03 Supervisor/Specialist 859 x $34.28 = $29,446.52 04 Senior Design Engineer / Tech EqL 730 x $28.32 = $20,673.60 05 Design Engineer / Tech Equiv 90 x $23.41 = $2,106.90 06 Intermediate Engineer / Technicial 0 x $19.79 = $0.00 07 .lunior Engineer / Technician 0 x $16.32 = $0.00 08 Senior Drafter / Technician 1267 x $20.93 = $26,518.31 09 Intermediate Drafter / Technician 0 x $17.21 = $0.00 10 .lunior Drafter / Technician 0 x $12.65 = $0.00 11 Support Staff 288 x $11.57 = $3,332.16 To~al Hours 4078 Total DSC = $116,975.37 % Increase % of Work Escalation for '04 5 60 $3,509.26 Escalation for '05 5 5 = $584.88 Escalated Total DSC $121,069.51 Overhead (OH Cost -- including Salary Additives) OH Rate x DSC of 100.00% x 121,069.51 = $121,069.51 Fixed Fee (FF): FF Rate x (DSC) of 30.00% x 121,069.51 = $36,320.85 Reimbursables Itamizqd QuanUty Units Rata Trips to Washington State 10 trips $150.00 = $1,500.00 Plans - Plotting / Repro 0 each @ $0.00 = $0.00 Mapping/Photos/Surveys 0 each @ $0.00 = $0.00 Reproduction and Printing 0 copies @ $0.00 = $0.00 Field Equipment Rental 0 each $0.00 = $0.00 Postage and Supplies 4,100 hours @ $1.00 = $4,100.00 Reimbursables Total $5,6OO,00 Grand Total $284,059.87 7/10/03 Exhibit G-1 Subconsultant Fee Determination - Summary Sheet Downtown Pedestrian/Bremerton Transportation Center Access ][mprovementa Start Data 3une 1, 2003 City of Bremerton Task Description: Geotachnical End Data April 1, 2006 Subconsultont Fee Determination Subconsultant~. Shannon & Wilson Project # 0324 Classification Hours Rate Dollars Principal ~[n Charge 64 x $64.00 = $4,096.00 Project I~lanager 209 x $43.00 = $8,987.00 Senior Engineer/Geologist 272 x $33.00 = $8,976.00 Staff Engineer/G-eologist 528 x $24.00 = $12,672,00 Clerical/Dra~ng 110 x $17.00 = $1,870.00 Total Hours 1,183 Total DSC $36,601.00 % Increase % of Wok Escalation for '04 4 50 $732.02 Escalation for '05 4 10 $146.40 $37~479.42 Overhead (OH Cost - including Salary Additives) OH Rate x DSC of 194.60% x 37,479.42 $72,934.96 Fixed Fee (FF): FF Rate x DSC of 30.00% x 37,479.42 = $11,244.00 Reimbursables t'tomized Quantity Units Rate Mileage (at .36 per mile) and Ferry Costs 20 day @ $20.00 = $400.00 Drilling Subcontract 1 each @ $17,662.73 = $17,663.00 AnalyUcal Testing Subcontract i each @ $3,100.00 = $3,100.00 Reproduction and Pdnting 2,000 copies @ $0.10 = $200.00 Field Equipment Rental i each @ $670.00 = $670.00 EDR and Aerial Photos i Est @ $220.00 = $220.00 Instrumentation survey subcontractor i Est @ $15,000.00 = $15,000.00 Inclinometer Casing 4 each @ $375.00 = $1,500.00 Strain Gages 16 each @ $250.00 = $4,000.00 Crack Gages 5 each @ $20.00 = $100.00 Rent Water Level & Strain Gage Readouts 32 days @ $40.00 = $1,280.00 Rent Inclinometer 16 days @ $7S.00 = $1,200.00 Reimbursables Total $45,333.00 Grand Total $168~991.38 Prepared By: Monique Nykamp, Scott Gaulke, and .lim Wu Date: 3une 26, 2003 7/10/03 Exhibit G- 1 Subconsultant Fee Determination - Summary Sheet Downtown Pedestrian/Bremerton Transportation Center Access Improvements State Date June 1, 2003 City of Bremerton Task Description: Public Tnformation/Tnvoivement Plan End Date April 1, 2006 Subconsultant Fee Determination Subconsultant: The Demich Group Project # 0324 ClassificaUon Labor Direct Labor Hours Rate Dollars Project Manager 0 x $100.00 = $0.00 Strategist 249 x $100.00 = $24,900.00 Project Coordinator 94 x $100.00 = $9,400.00 Writer/Editor 284 x $80.00 = $22,720.00 Total Hours 627 Total DSC = $57,020.00 % Increase % of Work EscalaUon for '04 5 30 = $855.30 EscalaUon for '05 5 30 $1,710.60 Escalated Total DSC = $59,585.90 Overhead (OH Cost -- including Salary Additives) OH Rate x DSC of 0.0% x $59,585.90 = $0.00 Fixed Fee (FF): FF Rate x DSC of 0.00% x $59,585.90 = $0.00 Reimbursables Itemizq~ QuanUty Units Rate Meals and Lodging = $0.00 Mileage 2,124 each @ $0.36 = $764.64 Outside Graphic Design Services each @ $0.00 = $500.00 Reproduction and Printing 0 copies @ $0.00 = $3,130.00 Advertising 0 = $0.00 Postage and Supplies 0 Est @ $0.00 = ~1r050.00 Reimbursables Total $S,444.64 Grand Total $65,030.54 Prepared By: Leslie S. Demich Date: ]une 26, 2003 Exhibit G-1 Subconsultent Fee Determination - Summary Sheet Downtown Pedestrian/Bremerton Transportation Center Access Zmprovements Start Date 3une 1, 2003 City of Bremerten Task Description: Environmental through Construction End Date April 1, 2006 Subconsultant Fee Determination Subconsultent: Art Anderson Project # 0324 Classification Hours Rate Dollars Project Manager 133 x $45.81 = $6,093.00 Sr. Engr/Arch 430 x $35.05 = $15,072.00 Engr/Sr Designer 96 x $26.22 = $2,517.00 Designer/Drafter 312 x $22.79 = $7,110.00 Oerieal 84 x $16.75 = $1,407.00 Sr. Architect 278 x $35.05 = $9,744.00 Arch/St Designer 420 x $26.22 = $11,012.00 Arch Designer/Drafter 152 x $22.79 = $3,464.00 Total Hours 1,905 Total DSC = $56,419.00 % Increase % of Work Escalation for '04 0 50 = $0.00 EscalaUon for '05 3 10 = $169.26 Escalated Total = $56,58~.26 Ov~ (OH Cost -induding Salary Additives) OH Rate x DSC of 157.40% x 56,588.26 = $89,089.92 Fixed Fee (FF): FF Rate x DSC of 30.00% x 56,588.26 = $16,976.48 Reimbursables ~ I]uanUty Units Rate Meals and Lodging 0 day @ $200.00 : $0.00 Mileage at .36 per mile 0 mile @ $350.00 = -~A),00 Mapping/Photos/Surveys 0 each @ $100.00 = $0.00 Reproduction and Printing 1 copies @ $500.00 = $500.00 Field Equipment Rental 0 each @ $0.00 = $0.00 Postage and Supplies 0 est. @ $150.00 = ~.00 Reimbursables Total $500,00 Grand Total $163,134,65 Art Anderson Date: June 26, 2003 July 10, 2003 Mr. W. Eugene Sampley Public Works & Utilities Director City of Bremerton 3027 Olympus Drive Bremerton, WA 98310 Mr. Santosh Kuruvilla, PE Exeltech 2627A Parkmont Lane SW Olympia, Washington 98502 Re: Bremerton Tunnel Negotiated Rates Gentlemen: This letter confirms Demich Consulting's hourly rates for the Downtown Pedestrian/ BremertonTransportationCenterlmprovementscontract. My rate schedule is enclosed. This hourly rate is all-inclusive of direct salary, overhead and fee, and is the lowest rate charged to my preferred clients. In addition to the identified hourly rate, Demich Consulting will invoice additional direct non-salary costs. Reimbursable direct non-salary costs will be invoiced without markup. For all travel costs, Demich Consulting will comply with the Washington State Department of Transportation Accounting Manual M 13-82, Chapter 10, Travel, and its updates. Demich Consulting reserves the right to make cost-of-living adjustments to its hourly billing rates on an annual basis. Sincerely, Principal Enclosure Exhibit G-~. Hourly Rate Schedule for 2003 Demich Consulting Gary F. Demich $125/hour State Mileage Rate $0.345/mile Expenses (Authorized) Cost without Markup Subconsultants (Authorized) Cost without Markup Exhibit G-2 Breakdown of Subconsultant Overhead Cost David Evans and AssoGiates, Inc. 2003 Provisional Overhead Rate ** Iv~m~le.~v~ O~h~ In.me (275,0~2) (254,133) (21,958) f~eame l'a~s 210.785 ~,~.~ ~17~ Rate Calculations JUL 89 'OS OS:SOPM D~VID EV~HS ~ ~SSOC P.9 Exhibit G-2 Breakdown of Subconeultant Overhead Cost H. W. Lochner, Inc. FYE April 30, 2002 (includes CADD Costs) A fiocation To DescrlpUon Costs per Lochner WSDOT Accepted % Field Home G/I. Adj. Adj. Costs Office Office Direct Labor Base $8,797,857 -$60,42~9 $8,737,428 $1,563,231 $7,174,197 Notes: (1) indirect labor and fringe benefits are allocated to field office by a ratio of field office direct labor to total direc~ labor. (2) All other accounts are allocated to the field office by a ratio of field office indirect labor to home office direct labor plus July 7, 2003 Mr. Sant~h Kuruvilla. PE Exeltech 2627A Parkmont Lane SW Olympia, Washington 98502 Re: Brem~ Ttmnel N,gotiated Rate~ Letter ~ letter e, onfim~ Michael Minor & A~ociatca hourly me~ for the Downtown Pedes~ri~ / I~remerton Transportation Center ImlorOvements contra~t. Our ra~e schedule is encio~l. 'fllese hourly ratea ~'e all-inclusive of direcl salary, overhead and f~e, and are the lowest rates charged to our preferred clionta. In addition to the above hourly rate, Michael Minor & Azso~iatca will invoic~ the additional direct mn-salary coats listed on the enclosed se. hedule. Reimbursable direct non-~mlnry costs will be invoiced to the City of [~'emerto~ ~ithout murk . For all travel co~ts, M/chael Minor & A~ociatez will comply with the Wn~hln~n~t~Oll Stsl~ Deparlmont of Transportation Accounting M~ual M 13-$2, Chapter 10, Travel, ~td its Michel Minor P~idmt En~lo~n~: Exlfibit G-I: 200~ Rat* Sel~dul¢ Dale 7/10/2003 Time: 4:1604 PM F~a§e 3 of 5 Exhibit G-I Hourly Rate Sehednle for 2003 Michael Minor & Associates Michael Minor $80.00/hom' State Mileage Rate $0.345/mile Expms~ (Authorized) Cost without Markup Subconsuitants (Authorized) Co~ without Marl~ Michael Minor & Associates F. quipment Costs: N/A for this project July 7, 2003 ]Mr. Sentc~t Kuruvilla, PE 2627A Parkmont Lane SW Olympia, Washington 98502 Re: Bremerton Tunnel Negotiated Rates Letter Dear Mr. Kuruvilla: This letter confirms Databridge N-W hourly rates for the Downtown Pedesuian / Bremerton Transpofation C. ente~ Improvements conUacc Our rote schedule is en¢lo~d. The~e hourly rates are all-inclusive of direct salary, overhead and fee, and a'e the lowest rates charged to our prefa[~ clients. In a,ld~tion to the above hourly rate, Datsbridge NW will Invoic~ th~ additional direct non-salary ¢ost~ listed on the enclo~d sched~e. Reimbursable direct non-salary costs will be invoiced to the City of Bremerton witho~-t martup. For all travel costs, Databfidge N'W will comply with the Wa~ Stnto Depm'tment of Tran~on Accounting Manual M 13-82, Chapter 10, Travel, and its upa.~. Sincerely, ~ Cour~ain ~.~¢io~: Exhibit G-I: 200~ Ra~ $¢1~du1¢ Exhibit G-I Hourly Rate Schedule for 2003 Databridge NW ~ Counam $50,00/~our Stato Mileage Rate $0.345/mile Expenses (Authorized) Cost without Mart'~ SubconsulUnt~ (Authorized) Cost without Madcap Databridg¢ N'W Equipment Costs: N/A N~t: B~nmse CarI BIoorn ia on Vacation, tke taslt lead for Noise, F'tbration and dir. Michael M~nor/Mlehaei Minor ~oc~te~, mbo ~u~ wo~l~d w~ Carl Bloom ~aensively, is submitting this information for hint Carl Bloom and Micha~l Mi~or have a 5 year teaming history, ~nelud~ng ~everai ~XtYOTprojwts where tb~s same inforn~a~n was requested. ~l~e also believe tkat this ~nformation is on file at i~DOT for otker .~ate tramlmrtation peojects. ~ will s~rntt a formal ~ of this ~t wlum Carl returns from vacation the week of July 14, 2003. l~anks for Your ~nti~rstanding in this n~tter ExMbit G-I Hourly Rate Schedule for 2003 Environalysis Carl Bloom $75.00/hottr State Milease Rate $0.345/mile Expenses (Authorized) Cost without Markup Sulx:omultants (Authodzed) Cost wifi~out Madmp EXHIBIT G-2 Breakdown of Subconsultants Overhead Cost Northwest Archaeological Associates, Inc. Overhead Schedule December 31, 2001 WSDOT Audited and Approved Proposed Accepted Category Amount Adjust Ref. Amount % Direct Labor Base $ 577,747 $ 173,592 A $ 404,155 Fringe Benefits Medical Insurance $ 18,268 $ 18,268 4.52 FICA 44,198 44,198 10.94 FUTA 1,717 1,717 0.42 Worker Compensation 1,711 1,711 0.42 State Unemployment 16,295 16,295 4.03 SIMPLE IRA Employer Contribution 10,665 10,665 2.64 Total Fringe Benefits $ 92,854 $ 92,854 22.98 General Overhead Expenses Indirect Salaries $ 173,592 A $ 173,592 42.95 Auto and Travel $ 993 993 0.25 City & State Taxes 10,441 10,441 2.58 Dues, Subscriptions, Permits 869 B 869 0.22 Insurance 9,673 9,673 2.39 Interest 2,037 (2,037) B 0 Maintenance, Repair, Recycle 3,730 3,730 0.92 Meals 3,710 B 3,710 0.92 Office Supplies, Expenses 9,562 B 9,562 2.37 Outside Services, Professional 15,251 (8,250) B,D 7,001 1.73 Rent 30,880 30,880 7.64 Supplies & Equipment Rental 10,115 B 10, I 15 2.5 Telephone 8,882 8,882 2.2 Training 2,841 2,841 0.7 Travel & Lodging Expense 2,283 B 2,283 0.56 Total General Overhead Expenses $ 111,267 $ 163,305 $ 274,572 67.93 Total Overhead Expenses $ 204,121 $ 163,305 $ 367,426 90.91% Overhead Rate 90.91% Refs: A - FAR 48-31.202 Direct and indirect labor are co-mingled and shown as one total B - FAR 48-31.202 Direct costs voluntarily identified and excluded. C - FAR 48-31.205-20 Interest is an unallowable cost D - Disallowed tax preparation over $250 per WSDOT Policy and 48 CFR 31.205-41(b)(1) Exhibit G-2 Breakdown of Subconsultant Overhead Cost Firm: Sandwell £ngineers Corp _Completed by: Howard M. Lam Date: 07/10/0~ Account Title $ Be§inning Total % of Direct Labor Direct Labor $ 5,694,414 100 Overhead Expenses: FICA 472,636 8.3 Unemployment 5,694 0.1 Health/Accident Insurance 267,637 4.7 Medical Aid & Industrial Insurance 51,250 0.9 HolidayNacafion/Sick Leave 632,080 l 1.1 Commission/Bones/Pension 261,943 4.6 Total Fringe Benefits 1,691,241 29.7 General Overhead: State B&O Taxes Insurance 335,970 5.9 Administration & Time Not Assignable 2,881,373 50.6 Printing, Stationery & Supplies 85,416 1.5 Professional Services 233,471 4.1 Travel Not Assignable 216,388 3.8 Telephone & Telegraph Not Assignable 142,360 2.5 Fees, Dues & Professional Meetings 28,472 0.5 Utilities & Maintenance 85,416 1.5 Professional Development l 19,583 2.1 Rent 689,024 12.1 Equipment Support 159,444 2.8 Office, Miscellaneous & Postage 210,693 3.7 Total General Overhead 5,187,611 91.1 Total Overhead (General + Fringe) 6,878,852 120.8 Overhead Rate (Total Overhead / Direct Labor) 1.208 1.208 Exhibit G-2 Breakdown of Subconsultant Overhead Cost Firm: Shannon & Wilson. Inc. Completed by: ' ' Date: 7/10/0~ Account Title $ Beginning Total % of Direct Labor Direct Labor 5,821,034 Overhead Expenses: FICA 793,430 13.6 Unemployment 282,188 4.8 Health/Accident Insurance 1,031,038 17.7 Medical Aid & Industrial Insurance 90,653 1.6 HolidayNecatioh/Sick Leave l, 149,226 19.7 Commission/Bonus/Pension 25,155 .5 Total Fringe Benefits 3,371,690 57.9 General Overhead: State B&O Taxes 233,751 4.0 Insurance 326,733 5.6 Administration & Time Not Assignable 3,930,848 67.5 Printing, Stationery & Supplies 192,667 3.3 Professional Services 209,535 3.6 Travel Not Assignable 144,902 2.5 Telephone & Telegraph Not Assignable 482,818 8.3 Fees, Dues & Professional Meetings 176,633 3.1 Utilities & Maintenance 348,712 6.0 Professional Development 208,020 3.6 Rent 749,334 12.9 Equipment Support 170,540 2.9 Office, Miscellaneous & Postage 782,532 13.4 Total General Overhead 7,957,025 136.7 Total Overhead (General + Fdnge) 11,328,715 194.6 Overhead Rate (Total Overhead / Direct Labor) 194.6 lD mich 2122 State Avenue NJ, S~lite B OIympi,~, WA 360/0~,3/05 Fax 360./05,2262 mailOdem4thq/oup.con~ July 7, 2003 Mr. Santosh Kuruvilla, PE Exeltech 2627A Parkmont Lane SW Olympia, Washington 98502 Re: Bremerton Tunnel Negotiated Rates Letter Dear Mr. Kuruvilla: This letter confirms The Demich Group's hourly rates for the Downtown Pedestrian / Bremerton Transportation Center Improvements contract. My rate schedule is enclosed. These hourly rates are all-inclusive of direct salary, overhead and fee, and are the lowest rates charged to our preferred clients. The Demich Group reserves the right to review and make cost-of-living adjustments to its hourly billing rate effective August 1 of each year the contract is open. In addition to the above hourly rate, The Demich Group will invoice the additional direct non-salary costs listed on the enclosed schedule. Reimbursable direct non-salary costs will be invoiced to the City of Bremerton without markup. For all travel costs, The Demich Group will comply with the Washington State Department of Transportation Accounting Manual M 13-82, Chapter 10, Travel, and its updates. Principal enclosure: Exhibit G-l: 2003 Rate Schedule Exhibit G-1 Hourly Rate Schedule for 2003 The Demich Group Public Outreach Strategist $100.00/hour Public Outreach Coordinator $100.00/hour Writer/Editor $80.00/hour State Mileage Rate $0.345/mile Expenses (Authorized) Cost without Markup Subconsultants (Authorized) Cost without Markup Exhibit G-2 Breakdown of Subconsultants Overhead Cost Firm: Art Anderson Associates Irl¢; Completed by: Simon Ngu Date: 7/9/03 Account Title $ Be§inning Total % of Direct Labor Direct Labor $553,950 Overhead Expenses: FICA (All Payroll Taxes) 73,163 13.21 Unemployment 0 Health/Accident Insurance 32,090 5.79 Medical Aid & Industrial Insurance 1,984 .36 HolidayNacation/Sick Leave 83,077 15.00 Profit Shadng/401K/Transit Subsides 20,00 ! 3.6 ] Total Fringe Benefits 210,315 37.97 General Overhead: State B&O Taxes 38,768 7.00 Insurance 27,587 4.98 Administration & Time Not Assignable 282,964 51.08 Printing, Stationery & Supplies 19,193 3.46 Professional Services 21,859 3.95 Travel Not Assignable 2,157 .39 Telephone & Telegraph Not Assignable 17,319 3.13 Fees, Dues & ProfeSSional Meetings 6,187 1.12 Utilities & Maintenance 16,169 2.92 Professional Development 22,024 3.98 Rent 26,653 4.81 Equipment Support 86,290 15.58 Office, Miscellaneous & Postage 94,389 17.04 Total General Overhead 661,559 119.43 Total Overhead (General + Fringe) 871,874 Overhead Rate (Total Overhead / Direct Labor) 157.40% DATE SUBMITTED: /' 1 -, (-3 BILL # /_/!~ /~ AGENDA BILL CITY OF BREMERTON i~ J[ CITY COUNCIL SUBJECT: PUBLIC HEARING ON Committee Meeting Date: July 22, 2003 ORDINANCE SETTING THE MAYOR'S COUNCIL MEETING Date: Juty-30 and Aug. 13, COMPENSATION THROUGH A 2003 SEPARATE ORDINANCE Department: City Attorney's Office 5~ ~Ea.~{t~t~.,~ j~)~J{t"LO, F~C~,, d-~ ~,q Presenter: RogerA. Lubovich ........... Phone: 473-2345 SUMMARY: Section 2 of Ordinance No. 4357 established the Mayor's compensation through the budget. The proposed ordinance repeals section 2 of Ordinance No. 4357 and establishes the Mayor's salary and benefits by ordinance outside of the annual budget process. The ordinance does not change the current salary. ATTACHMENTS: Proposed Ordinance FISCAL IMPACTS (Include Budgeted Amount): None, the Mayor's current salary is the same as established in the proposed ordinance. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISGA~B~GET: OPE~TIONS: CO~CIL P~SIDENT: ~.~.~ ~~. ~COMMENDED MOTION: 1. ' tmove~ ~m~h~ 2. I move to pass ~dinance No. q~ on second reading. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bremerton, Washington, repealing Section 2 of Ordinance No. 4357, which established the Mayor's compensation through the budget and further setting the Mayor's compensation by separate ordinance and codifying the same as a new chapter of the Bremerton Municipal Code. WHEREAS, pursuant to the City Charter, the Mayor's salary is set by ordinance; and WHEREAS, Section 2 of Ordinance No. 4357 provides that the Mayor's salary is established by the budget; and WHEREAS, the current salary for the Mayor for fiscal year 2003 was established pursuant to Budget Ordinance No. 4839 establishing the 2003 fiscal year budget; and WHEREAS, the City Council desires to repeal Section 2 of Ordinance No. 4357 and set the Mayor's compensation by separate ordinance and codifying the same as a new chapter of the Bremerton Municipal Code rather than setting the compensation through the budget; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 2 of Ordinance No. 4357 establishing the Mayor's salary through the budget is hereby repealed. All compensation paid to the Mayor pursuant to and consistent with Section 2 of Ordinance No 4357 is hereby ratified. SECTION 2. There is hereby created a new chapter, Chapter 2.03 of the Bremerton Municipal Code, entitled "Mayor" to read as follows: CHAPTER 2.03 MAYOR 2.03.010. Compensation. Beginning January 1, 2003, the Mayor of the City shall receive a base salary of Eighty Two Thousand Seven Hundred Ninety Six dollars ($82,796) per year plus benefits and annual cost of living increases, if any, as provided to the ..... ,,~:c~ ,,~ ........................ City. management and professional employees of the City pursuant to Chapter 2.50 BMC. Mayor's Salary SECTION& Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full fome and effect. SECTION4. Effective Date. While this ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law, the Mayor shall begin receiving the salary set forth in this ordinance effective January 1, 2003. APPROVED by the City Council the day of ,2003 PASSED by the City Council the day of ,2003 CAROL ARENDS, Council President Approved this day of ,2003 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: KATHLEEN MCCLUSKEY, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of ,2003 EFFECTIVE the _day of ,2003 ORDINANCE NO. R:\LEGAL\Ordinances~xExecutive\M ayor's Salary.doc Mayor's Salary AGENDA BILL · . , .BREMERTON CITY COU, NCIL 1. SUBJECT: Approving /Amendment to FOR AGENDA OF: Ordinance No. 485q relating to the ORIGINATING DEPT: Finance Dept. City of Bremerton Fiscal Year ORIGINATOR: Michael R. Wilson ~_. 2003 Budget ~ . . DATE SUBMITTED: June 16, 2003 2. CLEARANCES. (comment on back if necess~_9~ar3) 3.. E~HIBITS: Director, Finance ' ~.l;/,~_,~t~ fJ3~.*'" Budget Finance Committee ~ (~ --' Operations Committee ~ ENDORSEMENT INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: MAYO COUNCIL PRESIDENT The City Council of the City of Bremerton passed Ordinance 4837 on December 4, 2002, authorizing the formation of Utility Local Improvement District (ULID) No. 2002-01. The City Council passed the Fiscal Year (FY) 2003 City Budget Ordinance (Ordinance No. 4839) on December 11, 2002. The FY 2003 City Budget authorized the establishment ora Public Safety Bond Fund to account for and fund the various Public Safety capital projects and vehicle acquisitions. The City Council approved on January 29, 2003, the issu~mce of revenue bonds to finance the construction of the Conference Center Parking facility and Hotel Plaza capital improvement projects. The City of Bremerton is required to maintain separate accounting for the City's parking system as a condition of the issuance of revenues for financing the construction of the Conference Center Parking facility. Upon the formation of locai improvement districts, the City is required to maintain sufficient revenues within an LID guaranty fund to cover bond covenants for the financing of the LID capital project improvements. The City Council approved on February 26, 2003, documents relating to the City's participation in the construction and purchase of ownership interest in the Bremerton Government Center. tt is a significant objective of the City of Bremerton to perform certain downtown pedestrian and BTC ingress and egress capital improvements. The Parks Development Fund has received grant fundjn~g in 2003 to perform two Parks c_ap.ital improvement projects resulting in the need for a budget amendment. . ~ Each of these actions has an impact on the City of Bremerton's FY 2003 City Budget resulting in the need to amend the Fiscal Year 2003 City Budget document. 8. RECOMMENDATION: I "2~. ~ to al)pxuye tile a-aene~l ornmanae on ill~[ f~auH~, ~l~Cnu~ng Or{llnance No. ~ Y~latlll~ tv ~l~ Z~Y~on ' f~ 3 7 B. I move to pass Ordinance No. second reading, amending Ordinance No. 4,8~6 relating to the City of Bremerton Fiscal Year 2003 Budget. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED AMENDED COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO: 2. CLEARANCE COMMENTS (cont.): 4. SUMMARY STATEMENT (cont.): 5. IMPACT ON NON-PASSAGE: This budget amendment is required to comply with the financial and budgetary provisions of previously adopted ordinances. These previous Council actions, through the adoptions of other ordinances, require the establishment of funds and appropriation of future funding, thus, necessitating the City Council to amend its Fiscal Year 2003 City Budget. Failure to not pass this ordinance would result in non-compliance of earlier approved Council mandates and not allow the City to move forward on the expenditure of funds for certain capital projects and programs. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES 7. RESEARCH SOURCES Revised July 16, 2003 I. Ordinance No. 4839 - Amending City Budget Ordinance Action Item Council Action Public Safety Bond Fund/Budget (302): Project administration Proposed budget amount - $0 services funding within proposed budget (removes all funding project administration and management services including $74,750 for services provided by interim Capital Projects Director for 2003) · Option 1: Fund all project management services including Amend line item to $178,875 interim Capital Projects Director for entire year (proposed by Finance Department) · Option 2: Fund all project management services including Amend line item to $141,500 interim Capital Projects Director for the last six months of the year ($37,375) · Option 3 Provide no funding for project management No action to amend line item services from the Public Safety Bond fund placing financial obligation on the General Fund ORDINANCE NO. '~ ~ AN ORDINANCE of thc City Council of the City of Bremerton, Washington, amending Ordinance No. 4839 relating to the City of Bremerton Fiscal Year 2003 Budget. WHEREAS, the City Council of the City of Bremerton passed Ordinance 4837 on December 4, 2002, authorizing the formation of Utility Local Improvement District (ULID) No. 2002-01; and WHEREAS, the City Council passed the Fiscal Year (FY) 2003 City Budget Ordinance (Ordinance No. 4839) on December 11, 2002; WHEREAS, the FY 2003 City Budget authorized the establishment ora Public Safety Bond Fund to account for and fund various Public Safety capital projects and vehicle acquisitions; and WHEREAS, the City Council approved on January 29, 2003, the issuance of revenue bonds to finance the construction of the Conference Center Parking facility and Hotel Plaza capital improvement projects; and WHEREAS, the City of Bremerton is required to maintain separate accounting for the City's parking system as a condition of the issuance of revenues for financing the construction of the Conference Center Parking facility; and WHEREAS, upon the formation of local improvement districts, the City is required to maintain sufficient revenues within an LID guaranty fund to cover bond covenants for the financing of the LID capital project improvements; and WHEREAS, the City Council approved on February 26, 2003, documents relating to the City's participation in the construction and purchase of ownership interest in the Bremerton Government Center; and WHEREAS, it is a significant objective of the City of Bremerton to perform certain downtown pedestrian and BTC ingress and egress capital improvements; and WHEREAS, the Parks Development Fund has received grant funding in 2003 to perform two Parks capital improvement projects resulting in the need for a budget amendment; and WHEREAS, the General Fund needs budget adjustments within the Department of Economic Development to reflect the restructuring of project management services and funding support for the Department's operations, and an adjustment within the Fire Department's budget to fund a new regular staffposition that is currently being funded out of overtime pay; and WHEREAS, there are two Managing Engineer positions within the Public Works Department that currently have salary bands that were not appropriately adjusted during the FY 2003 Budget process and one WWTP Maintenance position that was to have been changed fi~om a contract position to a budgeted employee in the FY 2003 Budget, and WHEREAS, each of these actions has an impact on the City of Bremerton's FY 2003 City Budget resulting in the need to amend this Budget document; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Ordinance 4839 establishin4g the City of Bremerton's FY 2003 Budget passed by the City Council on December 11, 2002, is hereby amended as follows: 1) The Real Estate Tax Fund (Fund 109) was established to account for the accumulation of real estate excise taxes and to fund qualified capital improvement projects, and this Fund is amended to reflect the following appropriation adjustments: REAL ESTATE EXCISE FUND {FUND 109) Fiscal Year 2003 Current 2003 Amended 2003 REVENUES Budget Budget Beginning Fund Balance 1,750,000 1,750,000 Taxes 480,000 480,000 Misc. Revenues 60,000 60,000 Total Revenues 2,290,000 2,290,000 EXPENDITURES Capital Outlay 50,000 50,000 Operating Transfer Out (Fund 301) 900,000 Operating Transfer Out (Fund 305) 1,035,600 Ending Fund Balance 2.240.000 304,400 Total Expenditures 2,290,000 2,290,000 2) The Bond Fund (Fund 201) was established to account for the accumulation of resources for and the payment of principal and interest on the bonds issued to fund various City capital projects, and this Fund is amended to reflect the principal and interest payments for the new debt financing obligation for the construction of the new Conference Center Parking facility capital improvement project as provided below: BOND ~ Fiscal Year 2003 Current 2003 Amended 2003 REVENUES Budget Budget Beginning Fund Balance 250,000 250,000 Taxes 1,124,324 1,124,324 Operating Transfer In (Fund 301) 0 251,878 Operating Transfer In 286,337 286,337 Misc. Revenues 55,200 55,200 Total Revenues 1,715,861 1,967,739 2 EXPENDITURES Debt Service 1,465,861 1,465,86 I Debt Service - Parking Garage 251,878 Ending Fund Balance 48,800 250,000 Total Expenditures 1~514,661 1,967,739 3) The Local Improvement District Guaranty Fund (Fund 202) was established to account for the accumulation of resources for providing additional guaranty ofpaymems of bonds issued by the City to finance local improvement districts, and this Fund is amended to reflect payment obligation from the Local Improvement District No. 2002-01 Capital Project Fund (Fund 308) to the guaranty fund as provided below: LOCAL IMPROVEMENT DISTRICT GUARANTY FUND (FUND 202} Fiscal Year 2003 Current 2003 Amended 2003 REVENUES Budget Budget Beginning Fund Balance 37,800 37,800 Operating Transfer In (Fund 308) 0 117,700 Other Financing Sources 10,000 10,000 Misc. Financing Sources 1,000 1,000 Total Revenues 48,800 226,500 EXPENDITURES I Debt Service 0 0 Ending Fund Balance 48,800 226,500 Total Expenditures 48~800 226,500 i 4) The Conference Center Parking Facility Capital project fund (Fund 301) was established to account for and Fund the construction oftbe Conference Center Parking facility capital project, and this fund is amended to reflect the following appropriation adjustments: CONFERENCE CENTER/PARKING FACILITY CAPITAL BUDGET (FUND 301) FY 2003 Current 2003 Amended 2003 REVENUES Budget Budget Operating Transfer In (Fund 201 ) Bond Proceeds 10,100,000 Real Estate Excise Tax 900,000 Public Facilities District 6,975,000 Kitsap Transit 4,000,000 Pad Sale 250,000 Arterial Street 103,462 Intergovernmental 6,000,000 Other Financing Sources 6,000,000 Interest Earnings _0_ 0_ Total Revenues 12,000,000 22,328,462 3 EXPENDITURES Administration: Project/Financial 21 t ,413 Admin. Expenses 27,090 Prof. Services: Arch. Services (Conf. Center, Parking Garage) 1,946,270 Consultant studies 85,000 Capitalized Expenditures Other Construction 56,216 Demolition 130,130 Dump Fees 139,880 Environmental 153,340 Port of Bremerton Pad Purchase 90,000 Street Improvements 103,462 Plaza/offsite landscaping 0 Parking Garage Construction 10,671,952 Conference Center Construction 5,547,389 Park Plaza Construction 2,740,266 Capital Outlay 12,000,000 Debt Service: Transfer Out (Fund 201) 251,878 Ending Fund Balance 0_ 174,176 Total Expenditures 12,000,000 22,328,462 5) The Public Safety Capital Projects Fund (Fund 302) was established to account for and fund the costs for constructing public safety capital facilities and acquisition of public safety vehicles, and this Fund is amended to reflect the following appropriation adjustments: PUBLIC SAFETY BOND/CAPITAL PROJECTS FUND (Fund 302) FY 2003 Current 2003 Amended 2003 ~ Budget Budget Beginning Cash/Bnnd Proceeds 12,979,000 12,979,000 Interfiand loan 800,000 Interest Earnings 333,289 Misc. Revenues 170,000 0~ Total Revenues 13,149,000 14,112,289 EXPENDITURES Administration: Financial 10,000 Professional Administration: Architect Serv - Police/Court, SOG, Fire Bldgs 611,750 Project administration ! 7~,~75 0 Appraisal - Police/Court Building 2,000 Land Bank Purchase 1,198,000 Fire Station Land Purchase 800,000 Construction Police/Cour~ Building 3,510,000 Police SOG Building Construction 225,000 Fire Station 3,420,000 Equipmem 4 Police Equipment 500,000 Police Vehicles - 5 new vehicles 225,000 Fire Trucks - 3 fire trucks, new ladder truck 2,250,000 Fire Equipment 829,000 Bond Debt Service/Issuance Costs 10,000 Capital Outlay 13,149,000 Ending Fund Balance 0_ ~-~664.521,539 Total Expenditures 13,149,000 14,112,289 6) A new fund entitled "Government Center Capital Project Fund" (Fund 305) is hereby established to account for and fund the City of Bremerton's proportionate share of the capital costs for the construction of the Bremerton Government Center with the following amounts appropriated: GOVERNMENT CENTER CAPITAL BUDGET (FUND 305) Fiscal Year 2003 Amended 2003 REVENUES Budget Operating Transfer In (Fund 109, Real Estate Excise Tax) 1,035,600 Sale of Proparty (City Hall and DCD properties) 0 Debt Financing 6,470,356 Total Revenues 7,505,956 Administrative/finance expenses 50,000 Professional Services: architect (space planning) 25,000 Capital Expense- City Hall facility 6,470,356 Capital Expense - Kitsap Health Dept. 250,000 Capital Expense - furniture, moving expenses 300,000 Additional Tenent Improvements ($25/sfx 16,424 sf) 410,600 Ending Fund Balance Total Expenditures 7,505,956 7) A new fund entitled "ULID 2002-01 Capital Project Fund" (Fund 308) is hereby established to account for and fund the construction of the water system capital improvements that are to provide special benefit to property owners within the boundaries of ULID No. 2002-01 with the following amounts appropriated: ULID 2002-01 CAPITAL PROJECT (FUND 308) Fiscal Year 2003 Amended 2003 REVENUES Budaet Intergovernmental Revenue - Water Utility Fund (40 ] ) ! 20,716 Loan 1,056,384 Tota I Revenues 1,177,100 EXPENDITURES Capitalized Expenditures Salaries/Benefits 10,000 i 5 Professional Services - engineering 72,000 Professional Services - management/inspection 31,000 Land Purchase - ROW acquisition 8,400 Construction 903,000 Debt Financing Expenses 35,000 Operating Transfer Out - LID Guarantee Fund ! 17,700 Total Expenditures i,177,100 8) A new fund entitled "Downtown Pedestrian / BTC Access Capital Project Fund" (Fund 309) is hereby established to account for and fund the administration, planning, design and construction of a downtown pedestrian/BTC ingress and egress capital improvements with the following amounts appropriated: DOWNTOWN PEDESTRIAN / ETC ACCESS CAPITAL FUND (FUND 309) Fiscal Year 2003 Amended 2003 REVENUES Budget Beginning Fund Balance Federal Grant 1,500,00~ Total Revenues ~ 1,5oo,ooo Professional Services Engineering Services 1,355,000 rransfer Out - (Fund 101, Arterial Streets) 105,000I EndingTransferFundOUt Balance- (Fund 00 l, General Fund) 40,0000 Total Expenditures 1,500,0~ 9) A new fund entitled "Conference Center Operating Fund" (Fund 410) is hereby established to account for and fund the operation, maintenance and capital improvements to the Conference Center facility with the following amounts appropriated: CONFERENCE CENTER OPERATING FUND (FUND 410) Fiscal Year 2003 ~ Amended 2003 Beginning Fund Balance Budget Debt Financing: 0 Loan - !k':z ~f c~dlt 300,000 Total Revenues 300,000 EXPENDITURES Professional Services: Management/Concessionaire services 300,000 Ending Fund Balance 0 Total Expenditures 300,000 10) A new fund entitled "Parking System Operating Fund" (Fund 105) is hereby established to account for and fund the operation, maintenance and capital improvements to the Conference Center Parking facility and the City's parking operation with the following amounts appropriated: 6 PARKING SYSTEM OPERATING FUND (FUND 105) Fiscal Year 2003 Amended 2003 REVENUES Budget Beginning Fund Balance 0 Off-Street Parking (Daily) - Roosevelt Lots 83,000 On-Street parking 140,000 City Garage 200,000 Off-Street Parking (Daily) - City parking 230,000 Parking Infi'actions 215,000 Conference Center Parking Garage 0_ Total Revenues 868,000 EXPENDITURI~S Parking System Operating Expense 273,000 Transfer Out - (Fund 102, Streets) 330,000 Transfer Out - (Fund 001, General Fund) 182,000 Transfer Out - (Fund 112, Park Development) 83,000 Ending Fund Balance 0_ Total Expenditures 868~000 11) The Parks Developmem Fund (Ftmd 112) is hereby amended to reflect the following appropriation adjustments: PARKS DEVELOPMENT FUND {FUND 112) Fiscal Year 2003 Current 2003 Amended 2003 REVENUES Budget Budaet Beginning Cash 630,857 630,857 Intergovernmental 31,000 31,000 Misc. Revenue 83,000 83,000 Operating Transfer In 150,000 150,000 CTED Grant 0 495,750 UPARR Grant 0 182,280 CDB~Allocation 0 78,120 Total Revenues 894,857 1,651,007 EXPENDITURES Ending Cash 302,259 302,259 Supplies & Services 238,800 238,800 Capital Outlay 300,000 300,000 Debt Service 53,798 53,798 Capital - Boardwalk cathodic protection/pife wrap 0 495,750 Capital - Jarstand Rehabilitaton/HVAC project 0_ 260,400 Total Expenditures 894,857 1,651,007 7 12) The authorized staffing and salary bands for the Departmem of Public Works are hereby amended to reflect the following personnel adjustments: PUBLIC WORKS AUTltORIZED STAFFING Current 2003 Amended 2003 Budget Budeet WWTP Maintenance Technician contract position I FIE Salary Band 12 $3,299 - $3,882 Managing Engineer (2) Salary Band 15 Salary Band 16 $5,151-$6,276 $5,412- $6,593 13) The General Fund (Fund 001) is hereby amended to reflect the following appropriation adjustments: GENERAL FUND (FUND 001) Fiscal Year 2003 Current 2003 Amended 2003 REVENUES Budget Budget Transfer in - (Fund 309, Downtown Ped. Capital Fund) 0_ _40,000 Revenues 40,000 EXPENDITURES Department: Economic Development (Fund: General 001-62) Personnel 59,812 59,812 Extra Help 5,600 Supplies & Services 5,365 39,765 Expenditures 65,177 105,177 Department: Fire Department (Fund: General 001-25) Rescue and Emergency Aid: Personnel 2,216,000 2,234,000 Overtime 101,026 83,026 Expenditures 2,317,026 2,317,026 SECTION 2. Severabilitv. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 3. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the day of ,2003 PASSED by the City Council the day of ., 2003 CAROL ARENDS, Council President Approved this day of ,2003 8 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: KATHLEEN MCCLUSKEY, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of _, 2003 EFFECTIVE the day of ,2003 ORDINANCE NO. 9 DATE SUBMITTED: July 9, 2003 BILL # iL ~ - I '5 AGENDA BILL CITY OF BREMERTON ~ G CITY COUNCIL 2q SUBJECT: PUBLIC HEARING ON Committee Meeting Date: July ~ 2003 ORDINANCE AMENDING TITLE 10 OF COUNCIL MEETING Date: ~- I?'~/3 THE BMC RELATING TO RESTRICTED Department: City Attorney's Office PARKING ZONES Presenter: Simon Stocker Phone: 473-2345 SUMMARY: The City currently allows residents to petition for parking restrictions to be imposed in their neighborhoods. The proposed ordinance will expand the options available to residents to deal with external factors that impact parking availability in neighborhoods. Specifically, it allows four parking options on their street: 1) no restriction, 2) one hour parking, 3) two hour parking, or 4) residential parking only. Also, this ordinance allows for a three year parking permit renewal program to reduce administrative costs and offer more convenience to residents. It is also being proposed that certain parking penalties be increased to encourage parking code compliance in neighborhoods. ATTACHMENTS: Proposed Ordinance FISCAL IMPACTS (Include Budgeted Amount): N/A APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: CONSENT AGENDA [] OPERATIONS: .,., .... COUNCIL PRESIDENT: ,' ~ .. <~ ?: ~ ~,~:.:- ' RECOMMENDED MOTION: I. I move to approve the proposed ordinance on first reading. 2. I move to pass Ordinance No. on second reading. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bromcrton, Washington, repealing Chapters 10.08 and 10.09 of the Bremerton Municipal Code; repealing and replacing Chapter 10.10 of the Brcmerton Municipal Code; amending Chapter 10.11 of the Bremerton Municipal Code all relating parking and enforcement within the City of Brcmenon; and further amending Rate Table B of Chapter 3.01 to update the rates relating to parking within the City of Bremerton. WHEREAS, the current provisions of Chapters 10.08, 10.09 10.10, and 10.11 of the Bremerton Municipal Code relating to parking and enforcement within the City of Bremerton are insufficiently flexible to deal with the various parking problems that affect the various areas throughout the City; and WHEREAS, the City Council finds that there are areas of the City of Bremerton that suffer a disproportionate impact from commuter parking that is not adequately addressed by the Current provisions of Chapters 10.08, 10.09 10.10, and 10.11 of the Bremerton Municipal Code relating to parking and enforcement; and WHEREAS, the City Council finds that there are areas of the City which can be immediately identified as having such severe parking problems that allowing for parking by permit only should be immediately allowed (see Historically Impacted Areas on Appendix Figure 060); and WHEREAS, the City Council desires to repeal and replace and amend the provisions relating to parking in the City of Bremerton and enfomement in order to provide the residents of the City with more control over the methods used to deal with parking problems afflicting their neighborhoods; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION1. Chapter 10.08 of the Bremerton Municipal Code entitled "Parking Zones" is hereby repealed in its entirety. SECTION2. Chapter 10.09 of the Bremerton Municipal Code entitled "Residential Parking Permits" is hereby repealed in its entirety. SECTION3. Chapter 10.10 of the Bremerton Municipal Code entitled "Handicapped Parking" is hereby repealed in its entirety and a new Chapter 10.10 entitled "Restricted Parking Zones" is hereby created to read as follows: Restricted Parking Zones Chapter 10.10 RESTRICTED PARKING ZONES 10.10.010 PURPOSE. This Chapter is intended to mitigate the impact of commuter parking in impacted areas, to preserve thc character of residential districts, to improve handicapped access and reduce traffic. Residential parking permits are established as an exemption to posted restrictions in restricted parking zones where neighborhoods have been impacted by commuter parking and arc meant to ease parking congestion. 10.10.020 DEFINITIONS. For thc purpose of this chapter, the words and phrases set forth in this section are defined as follows: (a) "Block" means the area comprised of properties along each side of a street between two intersections. [See Appendix Figure 020] (b) "Commuter vehicle" means a motor vehicle parked in a residential area by a person not a resident thereof. (c) "Department" means Department of Public Works and Utilities, or designee. (d) "Director" means Director of Public Works and Utilities, or designee. (c) "Downtown no re-park zone" means a vicinity where the following restrictions apply: 1) On-street parking is restricted to either one (1) or two (2) hours, and 2) vehicles may not be moved fi.om one parking space to another parking space within the zone in order to extend parking time beyond the maximum for the zone. (f) "Historically Impacted Areas" are those areas within the City that have been identified by the City Council as having traditionally suffered severe parking shortages due to commuter parking. (g) "One (1) hour parking zone" means a prescribed residential area where on-street parking is limited to one (1) hour, except for the residents of the prescribed vicinity, their visitors holding a permit, and clearly marked delivery and service vehicles. (h) "Parking Generator" means anything that significantly increases commuter parking demand. Examples include, but are not limited to: Ferry terminal, schools, hospitals, business districts, and the Puget Sound Naval Shipyard. (i) "Passenger load only zone" means a parking space reserved for passenger loading only. These spaces will be marked with the time restriction applicable to them. (j) "Peak parking hours" means those hours in a day where a particular vicinity experiences the greatest demand for parking. (k) "Resident" as used in this chapter refers to an individual living in a dwelling unit or a business owner operating a business on property owned or leased by the business owner. (1) "Resident vehicle" means a motor vehicle parked in a prescribed residential area by a resident of the area. (m) "Residential area" means a contiguous area containing public streets and highways or paris thereof primarily abutted by residential property or residential and non- business property. Restricted Parking Zones (n) "Permit only zone" means a prescribed area where on-street parking is reserved for the exclusive use of the permit holders in the prescribed vicinity, their visitors holding a permit, and clearly marked delivery and service vehicles. (o) "Restricted parking permit" means a permit issued by the City that exempts the permit holder, when displayed properly, from the parking restrictions in effect in the permit holder's Restricted parking permit area. (p) "Restricted parking permit area" or "Residential parking permit area" means an area designated as provided in this chapter wherein resident vehicles displaying a valid permit as described in this chapter shall be exempt from posted parking restrictions. (q) "Restricted Parking Zone" means an area of the City subject to one of the restrictions contained in this chapter. (r) "Two (2) hour parking zone" means a prescribed area where on-street parking is limited to two (2) hours, except for the residents of the prescribed vicinity, their visitors holding a permit, and clearly marked delivery and service vehicles. (s) "Visitor vehicle" means a motor vehicle parked by a person who is visiting a resident within a restricted parking permit area. 10.10.030 RESTRICTED PARKING ZONES. The Director shall, in a manner consistent with this chapter, establish, locate and post various restricted parking zones within the City rights-of-way where required to regulate parking. 10.10.040 PARKING ADMINISTRATION. Collection of parking fees, maintenance of parking meters or other collection devices, and the issuance of parking permits shall be administered by the Department of Administrative Services, which shall promulgate procedures to administer permits as authorized in this chapter, including processes for establishing proof of residency; vehicle ownership, use or control; and for the revocation of permits for misuse. Appropriate parking fee schedules and permit fees shall be set by the City Council and are set forth in Chapter 3.01. Fees may be collected by the use of parking meters, pay boxes or other devices and through the issuance of parking permits authorized by this title. 10.10.050 RESTRICTED PARKING ZONE DESIGNATION ~ PROCESS. (a) Creation, deletion or boundary changes of restricted parking zones may be initiated either: (1) By a verified petition of the residents as provided for in BMC 10.10.060 or BMC 10.10.070; or (2) By the decision of the Director following a finding that the change is in the best interest of the community and will improve the health, safety or welfare of the community; or (3) By resolution of the City Council. (b) Right to Appeal. The right to appeal a creation, deletion or boundary change exists only when such creation, deletion or boundary change was completed under BMC 10.10.050 (a) (1) or under BMC 10.10.050 (a) (2) when the change is to a Two (2) hour parking zone, One (1) hour parking zone or a Permit only zone. If such creation, deletion or boundary change is subject to appeal, the City Clerk shall post notice in the particular residential area 3 ! ~ Restricted Parking Zones advising the residents of the future location and boundaries of the residential parking area and of the right to appeal the designation within ten (10) days. A timely appeal to the Heatings Examiner, filed with the City Clerk, by a resident or business owner within the designated permit area will stay the action until the Heatings Examiner's review and decision in accordance with BMC Chapter 2.13. The Hearing Examiner shall be authorized to deny the creation, deletion or boundary change if he/she determines that significant errors were made in the process that created a substantial likelihood that the creation, deletion or boundary change would have failed had proper procedures been followed or if he/she determines that the creation, deletion or boundary change is not in the best interest of the community. The change shall be enforceable following the expiration of the appeal period or at such time as any appeal filed is denied. Until such time, the parking restriction previously in place, if any, shall continue. (c) Posting. (1) If the creation, deletion or boundary change is subject to appeal under BMC 10.10.050 (b), the creation, deletion or boundary change shall become effective at such time as notice is posted in the effected area of the location and boundaries of the restricted parking area, and either: (i) The ten (10) day appeal period has expired without an appeal being filed, or: (ii) At such time as a decision of the Hearing Examiner is issued on an appeal filed under BMC 10.10.050 (b). (2) If the creation, deletion or boundary change is not subject to appeal under BMC 10.10.050(b), the creation, deletion or boundary change shall become effective upon posting notice in the particular residential area of the location and boundaries of the residential parking area. 10.10.060 RESTRICTED PARKING ZONE PETITIONS IN NON- HISTORICALLY IMPACTED AREAS Residents may seek to create, delete or change the boundary of a restricted parking area by petitioning in accordance with the process delineated in this section. The process and prerequisites for such modification depend on the type of restriction being sought (Two (2) Hour Zone, One (1) Hour Zone, or Resident Only Zone). Residents may not seek to create, delete or change the boundary of a restricted parking area for a period of one year following a successful petition. [The Historically Impacted Areas and Non-historically impacted Areas are shown on the map, See Appendix Figure 060.] (a) Two (2) Hour Zone If the residents of a block wish to have their area restricted to Two (2) Hour Parking, they must: (1) Submit a verified petition of at least two-thirds of the residents of the block indicating support for the change to a Two (2) Hour Zone; and (2) The Director must make a finding that: (i) There is an identifiable parking generator; (ii) It appears that 75% or more of the parking spaces located on the petitioning block are being used at peak parking hours; and (iii) The conditions described in (i) and (ii) exists on a least Three (3) contiguous blocks. 4 Restricted Parking Zones (b) One (1) Hour Zone If the residents of a block wish to have their area restricted to One (1) hour parking, they must: (1) Submit a verified petition of at least two-thirds of the residents of the block indicating support for the change to a One (1) Hour Zone; and (2) Show evidence that the affected block has been restricted to Two (2) hour parking or Permit Only Parking for at least the last 12 months. (c) Permit Only Zone If the residents of a block wish to have their block restricted to Permit only parking, they must: (1) Submit a verified petition of at least Eighty percent (80%) of the residents of the block indicating support for the change to a Permit only zone; and (2) Show evidence that the affected block has been restricted to One (1) hour parking or Two (2) hour parking for at least 24 combined months, however the 12 months immediately preceding the submission of the petition must have been spent as a One (1) hour parking zone. (3) Show evidence that the affected block has been given one of the following zoning designations: SF-1, SF-2, SF-3, DR, MF, CBR, or MR. (4) Pay the City, in accordance with BMC 3.01, Rate Table B, for a parking capacity survey to be conducted to determine if the petition area is disproportionately impacted by non-resident parking. The Director is authorized to set the criteria for this determination. Such criteria must be based on the percentage of parking spaces occupied at peak parking hours and on the percentage of occupied spaces, at peak parking hours, that are occupied by non- residents. (i) If the results of the Survey conclude that the petition area is disproportionably impacted by non-resident parking, then the Director of Public Works shall designate the petition area a Permit Only Zone and the designation shall become effective following the appeal period and upon posting as provided for in BMC Section 10.10.050. (ii) If the results of the Survey conclude that the petition area is not disproportionably impacted by non-resident parking, then the petition shall fail and the residents shall not be entitled to submit a new petition for a period of One (1) year. 10.10.070 RESTRICTED PARKING ZONE PETITIONS IN HISTORICALLY IMPACTED AREAS The residents of a Historically Impacted Area may have their area restricted to either Two (2) hour parking, One (1) hour parking or Permit Only parking by submitting a verified petition of at least two-thirds of the residents of the block indicating support for the change to either Two (2) hour parking, One (1) Hour parking or to Permit Only parking respectively. No other steps are necessary. The change shall become effective following the appeal period and posting as required under BMC Section 10.10.050. Residents of the affected area may only petition for a change once every 12 months. [The Historically Impacted Areas and Non-historically impacted Areas are shown on the map, See Appendix Figure 060.] 10.10.080 ELIGIBILITY CRITERIA FOR PERMIT. Residential parking permits may be issued for motor vehicles not in excess of ten thousand pounds only upon application of the following persons: (a) A legal resident of the restricted parking permit area who has a motor vehicle registered in his name, or who has a motor vehicle for his exclusive use and under his control. 5 Restricted Parking Zones /57 (b) A person who owns or leases commercial property and actively engages in business activity within a restricted parking permit area. There shall be a limit of two (2) residential parking permits issued per dwelling unit / business location, unless parking availability allows a greater number not to exceed four (4) permits per dwelling unit as determined by the Director in his or her sole discretion. 10.10.090 PERMIT - ISSUANCE - DISPLAY. Parking permits shall state thereon the particular residential parking permit area, the license number of the motor vehicle for which it is issued and the expiration date. Permits shall be displayed so as to be clearly visible through the rear window of the vehicle on the left side thereof. A residential parking permit shall not guarantee or reserve to the holder thereof an on- street parking space within the designated residential parking area. 10.10.100 PERMIT - RENEWAL - DURATION. Each resident parking permit issued shall be valid for the remainder of the calendar year of issuance plus two calendar years. Except resident parking permits issued in the year 2003, which shall expire on December 30, 2006. Permits may be renewed upon expiration. 10.10.110 PERMIT - VISITOR. Visitor parking permits are authorized for residents of a residential parking permit area for bona fide transient use. No dwelling unit or place of business located in a restricted parking permit area shall be issued more than one visitor permit. It shall be the responsibility of the resident to control the use of the permit. Bona fide transient uses include: visiting guests, babysitters, repair persons and other similar visitors. The following is prohibited: (a) Parking in excess of seven (7) days within any thirty (30) day period unless approved administratively prior to such use; or (b) Parking more than one block from the permitted residence. 10.10.120 PERMIT - LANDLORD. Landlords can qualify for a Two (2) month visitor permit for building improvements if the residence is vacant. Upon request a One (1) month extension will be granted. Any extension beyond the automatic one month extension must be accompanied by a detailed timeline for completing the building improvement as well as any required permits from the Department of Community Development. 10.10.130 SERVICE VEHICLES. (a) Clearly marked service or delivery vehicles are exempt from the time zone requirements while providing service or making deliveries to dwellings within a restricted parking permit area. Service vehicles shall comply with time limits for parking in commercial zones. (b) Individuals working in a home service industry (Home health care, etc.) may apply for an occupational permit to park in a restricted parking permit area. The City may require proof of ongoing continuous work as a condition to maintain a valid permit. Restricted Parking Zones 10.10.140 DISABLED PARKING. (a) Indication of parking space for disabled person. RCW 46.61.581 is hereby adopted by reference. (b) Physically disabled zones. On-street parking spaces reserved for physically disabled persons shall be for time periods posted. (c) Free parking by disabled person. Any person who meets the criteria for special parking privileges under RCW 46.16.381 shall be allowed free of charge to park a vehicle being used to transport that person for unlimited periods of time in parking zones or areas with parking meters which are otherwise restricted as to the length of time parking is permitted, except as provided in RCW 46.90.103. This section does not apply to those zones or areas in which the stopping, parking, or standing of all vehicles is prohibited, which are reserved for special types of vehicles, or which are reserved for physically disabled persons. The person shall obtain and display a special card, decal, or license plate under RCW 46.16.381 to be eligible for the privileges under this section. (d) Special plate, card or decal issued by another jurisdiction. RCW 46.61.583 is hereby adopted by reference. SECTION& Section 10.11.010 of the Bremerton Municipal Code entitled "Additional Violations" relating to parking enforcement is hereby amended to read as follows: 10.11.010 ADDITIONAL VIOLATIONS. In addition to those statutes adopted by reference in BMC 10.04.010 restricting standing, stopping and parking of vehicles, it shall be unlawful and punishable as a civil infraction for any person to commit any of the following actions: (a) Parking in Time Limit and No Repark Zones. (1) Downtown Core - Where a time limit and no repark is established by official signs, no vehicle may be reparked on either side of the same street in order to extend the vehicle's parking time beyond the time limits established. For proposes of this section, a vehicle shall be deemed to be reparked and in violation of this section despite any movement of the vehicle unless the vehicle is moved to another street with a different street name than the street the vehicle was originally parked upon. (2) Residential - Where posted, it is unlawful for a vehicle to remain parked, or to be reparked within fottr blocks of original parking location within a residential parking permit area, if the parking time or combined parking time for the vehicle exceeds the time limitations of the parking zone. Vehicles issued permits under BMC Chapter 10.09 and 10.10 shall be exempt from posted time limits according to the terms of the permit. (b) Counterfeit Permits. It is unlawful for any person to copy, reproduce, or otherwise counterfeit a parking permit or to possess any counterfeit copy or facsimile of a City parking permit. (c) Unauthorized Use of Permit. It is unlawful for any person issued a parking permit by the City to: (1) Lend, sell or assign said permit to another; (2) Display any permit issued to another; or (3) Display any permit issued when the recipient of the permit is no longer eligible pursuant to BMC Chapter 10.1 O! 0.09.050. (d) Counterfeit tokens, permits or script. It is unlawful to manufacture, use or possess any counterfeit of an official token, parking permit or script distributed by the City for use in any fee collection device. 7 / ~ Restricted Parking Zones (e) Tampering With Parking Meters or Collection Devices. No person shall deface, injure, tamper with, open, or willfully break, destroy, or impair the usefulness of any parking meter or collection device. (f) Unauthorized Handicapped Parking. It is a traffic infraction for any person to park a vehicle in a public place provided on private property without charge or on public property reserved for physically disabled persons without a special license place, card or decal as provided for in RCW 46.16.381 (1) and (2). If a person is charged with a violation, the person shall not be determined to have committed an infi'action if the person produces in court or before the court appearance the special license plate, card, or decal required under this section or demonstrates that the person was entitled to the special license plate, card or decal. (g) Expired Registration. It is unlawful to park any vehicle in a public right-of-way or on public property without a current vehicle license registration tab displayed according to law. (h) Unlawful Parking in City Lot. In addition to other enforcement remedies, it is unlawful to park any vehicle in a City owned parking lot or structure without paying the posted fee or parking in excess of posted time limits or in violation of use restrictions. (i) Obliterating Tire Markings. It is unlawful to conceal, obliterate, or erase markings on vehicle tires made by a parking enforcement officer for the purpose of recording parking time. (j) False Application. It is unlawful for any person to intentionally provide false or misleading information on any application for a parking permit. (k) Failure to Surrender Permit. The Director of Administrative Services is authorized to revoke the residential parking permit of any person found to be in violation of its intended use. Upon written notification of permit revocation by the Director of Administrative Services, it shall be unlawful for any person to fail to surrender a parking permit as directed. (1) Storage of Vehicles within Right-of-Way. Parking in excess of seventy-two (72) consecutive hours, of non-motorized conveyances or motor vehicles in a public right-of~way shall be unlawful without a fight-of-way use permit. During continued consecutive hours of parking, after the initial seventy-two (72) hour period, relocation of the conveyance or motor vehicle within five hundred (500) feet, and still within a public right-of-way, shall be considered to be the same location within the right-of-way. Motor vehicles or non-motorized conveyances exceeding ten thousand pounds (10,000 lbs.) gross vehicle weight or twenty-two (22) feet in length, may not repark in excess of one hundred twenty (120) hours within any consecutive thirty (30) day period. (m) Parking fee - Non-payment. It is unlawful to park a vehicle in any parking space monitored by a parking fee collection device, including parking meters, without payment as indicated on the collection device. (n) Parking fee - Time permitted. It is unlawful to park a vehicle in any parking space monitored by a collection device, including parking meters, for a consecutive period of time longer than that limited period of time for which parking is lawfully permitted in the time zone, irrespective of the amount of money deposited in such collection device. (o) Unauthorized Use of Recreational Vehicle. It is unlawful for any person to use a recreational vehicle as defined in the Bremerton Zoning Code, for habitation on any street, alley or highway, or other public place that is not officially designated for that use. Violation of this section shall constitute a civil infraction. Habitation shall mean occupation of the vehicle for 4 hours or more between the hours of 7:00 p.m. and 7:00 a.m. Restricted Parking Zones SECTION 5. Rate Table B of Chapter 3.01 of the Bremerton Municipal Code entitled "Municipal Court - Rate Table B" is hereby amended to read as set forth in Exhibit A of this Ordinance. SECTION 6. Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 7. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the day of ., 2003 PASSED by the City Council the day of ,2003 CAROL ARENDS, Council President Approved this day of ., 2003 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: KATHLEEN MCCLUSKEY, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of ., 2003 EFFECTIVE the _day of ., 2003 ORDINANCE NO. R:kLEGAL\Ordinances\AdministrationkRestricted Parking Zonesl ,doc Restricted Parking Zones Appendix Figure 020 One Block MUNICIPAL COURT - RATE TABLE B All Rates Listed Are "Not To Exceed" Fees Municipal Court 2003 RATE HEARING EXAMINER APPEAL $65 PARKING FINES Overtime or Non-Payment in Collection Devices: 1st Violation in 30 Days $~z25 2"d Violation in 30 Days $2732 3~ Violation in 30 Days $56 -- Loading Zones $17 No Parking $2245 Wrong Way $17d 5 Parked on Sidewalk $56 Fire Hydrant $2745 12" From Curb $10 Physically Disabled (Public and Private) $250 Counterfeiting or User of Counterfeit Permits, $500 Tokens or Script Unauthorized Use of Permits $150 All Other Infractions Not Specified Above $27 Replacement of parkinq permit $10 Blocked Driveway $45 Expired Tabs $45 30 Foot to Stop Siqn $45 Double Parked $45 No Stoppinq/No Standin,q $45 Parkinq Capacity Survey ~250 Table B - B12 EXHIBIT A AGENDA BILL q D BREMERTON CITY COUNCIL 1. SUBJECT: Authorizing an Interfund FOR AGENDA OF: Loan from the Equipment Rental ORIGINATING DEPT: Finance Dept. Reserve Fund to ULID No. 2002-01 ORIGINATOR: Michael R. Wilson Fund DATE SUBMITTED: June 16, 2003 2. CLEARANCES: (comment on back if necessary)3. EXHIBITS: City Attorney Interfund Loan Resolution Director, Finance Budget Finance Committee Operations Committee ENDORSEMENT INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: MAYOR~ ~.~ ~,_~,~ ~NCIL PRESIDENT // 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City Council approved Ordinance 4837 on December 4, 2002, authorizing the formation of Utility Local Improvement District (ULID) No. 2002-01. The ULID No. 2002-01 Fund needs interim financial resources in order to fund the construction of the water system capital improvements that are to provide special benefit to property owners within the boundaries of ULID No. 2002-01. It is proposed that the Council authorize the Director of Finance to make an interfund loan from the Equipment Rental Reserve Fund (Fund 510) to the ULID No. 2002-01 Fund (Fund 308) in the amount not to exceed $1,056,384 to cover the expenses for the ULID capital development and administration. This loan shall bear interest at a rate based on the monthly average yield from the Washington State Local Government Investment Pool, and shall be repaid to the Equipment Rental Reserve Fund from ULID No. 2002-01 Fund on or before March 1,2004. 8. RECOMMENDATION: It is recommended that the City Council move to approve Resolution No. ,~c/~ authorizing the Director of Finance to make an interfund loan from the Equipment Rental Reserve Fund (Ftmd 510) to the ULID No. 2002-01 Capital Project Fund (Fund 308) in the amount not to exceed $1,056,384. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED AMENDED COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO: ~'~ - ~ I it 5' 2. CLEARANCE COMMENTS (cont.): 4. SUMMARY STATEMENT (cont.): 5. IMPACT ON NON-PASSAGE: 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES 7. RESEARCH SOURCES RESOLUTION NO. ~ ~i A RESOLUTION of the City of Bremerton, Washington, authorizing an interfund loan to the ULID No. 2002-01 Fund from the Equipment Rental Reserve Fund. WHEREAS, the City Council approved Ordinance 4837 on December 4, 2002, authoriz- ing the formation of Utility Local Improvement District (ULID) No. 2002-01; and WHEREAS, the ULID No. 2002-01 Fund needs interim financial resources in order to fund the construction of the water system capital improvements that are to provide special benefit to property owners within the boundaries of ULID No. 2002-01; and WHEREAS, such interim funding is needed within the ULID No. 2002-01 until the capital improvement has been completed, final assessment roll established and revenue bonds issued; and WHEREAS, reserve cash in an amount sufficient to meet the interim funding needs of ULID No. 2002-01 is presently on hand within the Equipment Rental/Reserve Fund; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City of Bremerton's Director of Finance is hereby authorized and directed to make an interfund loan from the Equipment Rental Reserve Fund (Fund 510) to the ULID No. 2002-01 Fund (Fund 308) in the amount not to exceed $1,056,384 to cover the expenses for the ULID capital development and administration. This loan shall bear interest at a rate based on the monthly average yield from the Washington State Local Government Investment Pool, and shall be repaid to the Equipment Rental Reserve Fund from UL1D No. 2002-01 Fund on or before March 1, 2004. SECTION 2. Severability. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 3. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington, on this __ day of 2003. CAROL ARENDS, Council President APPROVED AS TO FORM: ATTEST: KATHLEEN L. McCLUSKEY, City Clerk ROGER LUBOVICH, City Attorney DATE SUBMITTED: August 6, 2003 BILL # AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Closed record hearing for Solid Committee Meeting Date: NA Seven Construction application for "Rainer COUNCIL MEETING Date: August 13, 2003 Vista" Preliminary Plat &,ll~ ?,a~,~.I~ Department: DCD .3_~d~c~o.\..c..) Presenter: Robert Gmmbach Phone: 473-5379 SUMMARY: Hearing Examiner recommendation on a preliminary plat (file No. PL03-0017) to divide two lots into four lots. The recommendation includes six (6) conditions to be imposed for final plat approval. ATTACHMENTS: (1) Procedure for Closed Record Heating. (2) Hearing Examiner Recommendation. (3) StaffReport. (4) Plat Map. (5) Vicinity Map. (6) Comprehensive Plan Map. (7) SEPA. (8) Conditional Water and Sewer Availability Letter. (9) Short Plat PL01-0014 Recorded Improvement Agreement. (10) Comments from property owners in the area. (11) Proposed resolution on Heating Examiner's recommendation. FISCAL IMPACTS (Include Budgeted Amount): None anticipated. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: _ , , MAYoR:FINANCE DIRECTOR: ~___~ FISCAL/BUDGET: ~/~ CONSENT AGENDA [] OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to pass ~solution~'~o~ng and adopting the Findings, Conclusions and Recommendation of the Administrative Heating Examiner and approve the preliminary plat for "Rainer Vista" subject to the proposed conditions. IbP COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action PROCEDURE FOR CLOSED RECORD HEARING ON HEARING EXAMINER'S RECOMMENDATION I. STAFF REPORT AND PRESENTATION 1. After the Appearance of Fairness inquiry, Council President asks staff to present Hearing Examiner Recommendation. 2. Pursuant to Council policies, no public comment permitted. 3. Council may ask questions of staff and applicant (discussion limited to the record). II. COUNCIL CONSIDERATION The Council may approve and adopt the hearing examiner's recommendation unless one of the following conditions exists: 1. Proceedings were materially affected by irregularities in procedure. 2. Recommendation is outside the authority of the heating examiner. 3. Recommendation is based on an erroneous interpretation of law. 4. Recommendation is not supported by substantial evidence. 5. Recommendation is based on clearly erroneous application of law to facts. III. DECISION The Council may take any of the following actions: 1. Approve and adopt the hearing examiner's findings and recommendation. 2. Modify and approve the findings and recommendation. 3. Reject and deny the hearing examiner's findings and recommendation on the proposal as originally submitted based upon councilfindings. 4. Continue the closed record hearing and remand to the hearing examiner for clarification on issues of record (no public testimony). RSLEGAL~Departments-Geneml\City Coua¢il\City Council Procedure re heating exam recom.doc RESOI VT ON NO. A RESOLUTION of the City Council of the City of Brernerton, Washington, approving the preliminary plat (file No. PL03-0017) for "Rainer Vista." WHEREAS, the City has received a Preliminary Plat application for "Rainer Vista" from Solid Seven Construction; and WHEREAS, On July 8, 2003 the City Administrative Hearing Examiner held a Open Public Hearing on the application pursuant to BMC 21.02.855; and WHEREAS, the City's Administrative Heatings Examiner has submitted recommended findings to the City Council; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby approve and adopts the findings, conclusions and recommendation of the Administrative Hearings Examiner attached as Exhibit "A" and approves the preliminary plat for "Rainer Vista" (file No. PL03-0017) subject to the proposed conditions contained in Exhibit "A." SECTION 2. E[?Cective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this __ day of ,20__ CAROL ARENDS, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney KATHLEEN MCCLUSKEY, City Clerk R:~LEGAL~Resolutions~kesolution form.doc 1 Document Reference BEFORE THE HEARINGS EXAMINER FOR THE CITY OF BREMERTON JUL c 8REMERq ~1~I DUI[DING DEPARTMENT In the Matter of the Application of ) NO. PL03-0017 ) Rainer Vista Bill Bakker ) ) FINDINGS, CONCLUSIONS For Approval of a Preliminary Plat. ) AND RECOMMENDATION ) SUMMARY OF RECOMMENDATION The Hearings Examiner recommends to the Bremerton City Council that the request for approval of a Preliminary Plat to subdivide .96 acres of land into four single-family residential lots be GRANTED, with conditions. SUMMARY OF RECORD Request Bill Bakker of Solid Seven Construction (Applicant) requests approval of a Preliminary Plat to subdivide two lots totaling .96 acres into four single-family residential lots.1 The subject property is located on the south side of East 31 ~t Street, 100-feet west of Pawnee Drive in Bremerton, Washington. The parcels are recorded as Tax Account Numbers 12401-2-181-2006 and t 12401-2-151-2007. Hearing Date The Hearings Examiner for the City of Bremerton held an open record hearing on the matter on July 8, 2003. During the course of the hearing, the Applicant testified that the subject property contained a marsh-like area. He stated that he did not know whether the marsh-like area was a wetland because he had not had the subject property inspected for that purpose. Because the existence of a wetland can trigger additional environmental review, the Heatings Examiner left the record open so that the Applicant could have the subject property evaluated. A wetland evaluation and report was submitted to the Hearing Examiner on July 18. Testimony The following individuals presented testimony under oath at the open record hearing: 1. Mr. Robert Grumbach, City of Bremerton Planner 2. Bill Bakker, Applicant Exhibits The following exhibits were admitted into the record at the open record hearing: Exhibit 1: StaffRepott dated July 8, 2003 Appendix A: Application received April 10, 2003 1 The Ciq¢ approved a short plat subdivision for the subject property on October 18,2001, which created the existing two lots. Exhibit 1, Appendix D. Appendix B: SEPA Determination of Nonsignificance and Environmental Checklist issued June 12, 2003 Appendix C: Zoning Map Appendix D: Prior Plat Approval dated October 18, 2001 Appendix E: Certificate of Water Availability dated July 1, 2003 Appendix F: Engineering Review dated October 2, 2001 Appendix G: Improvements Agreement dated April 28, 2002 Appendix H: Affidavits of Notice Appendix I: Department Comments Appendix J: Public Comments (2 letters) Exhibit 2: Wetland Evaluation and Report by Wiltermood Associated, Inc. dated July 17, 2003 Upon consideration of the testimony and exhibits admitted at the open record hearing, the Hearings Examiner enters the following Findings, Conclusions and Recommendation: FINDINGS 1. The Applicant requested approval ora Preliminary Plat to subdivide two lots totaling .96 acres into four single-family residential lots. The subject property is located on the south side of East 31 st Street, 100-feet west of Pawnee Drive in Bremerton, Washington. The parcels are recorded as Tax Account Numbers 12401-2-181-2006 and 112401-2-151 ~2007. Exhibit 1, Staff Report, page 1; Appendix A, Application. 2. The City of Bremerton Comprehensive Plan designation of the site is Low Density Residential. Comprehensive Plan goals and policies applicable to the proposal include the following: · Encouraging development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner. Urban Growth No. 1. · Accommodate new development with care so that Bremerton will continue to be a well-balanced "most livable city." &~pporting Policy No. 3. · Encourage the availability of affordable housing to all economic segments of the population of this state, promote a variety of residential densities and housing types, and encourage preservation of existing housing stock. Housing Goal No. 4. · Provide a variety of housing types and densities to meet changing needs of Bremerton residents. New Housing Development Goal D(2). · Stimulate the production of new housing for all income, age, family type and ethnic groups. Supporting Policy No. 3. 3. The subject property is zoned Residential Low Density (SF-3), which is consistent with the Comprehensive Plan designation of the site. Exhibit 1, Staff Report. page 1. The SF- Findings, Concl~tsions & Recom~nendation Hearings Exami~er for the CiO of Bremerto~ Rainier Izista, No. PL03-0017 Page 2 of 6 [ '] ~)... 3 zone accommodates single-unit homes in urban subdivisions at a maximum density of eight units per acre. The zone offers smaller minimum lot sizes to enhance affordability and encourage higher densities through creative site plmming. The zone requires a minimum lot size of 5,000 square feet and a minimum lot width of 40 feet. The SR-3 zone allows a base density of 3-8 units per acre and a maximum height of 30 feet. Bg'IC 2I. 02.120, Figure 120. 4. The proposed subdivision will contain four lots ranging in area from 7,987 square feet to 12,825 square feet. Lot widths will range from 80 feet to 100 feet. Exhibit 1, Appendix A, Application. The Applicant proposes to construct three middle income units on Lots 2, 3 and 4 and preserve an existing residence on Lot 1. Exhibit 1, Appendix B, Environmental Checklist; Exhibit 1, Appendix A, Site Plan. 5. The Applicant reported that the subject property contains deciduous and evergreen trees, shrubs, and grass. He reported that he would remove some existing vegetation for driveway and new home construction. The Applicant submitted that he would take erosion control measures prior to clearing and construction and that he would landscape disturbed areas to mitigate potential erosion. Exhibit 1, Appendix B, Environmental Checklist. 6. The subject property is currently served with electricity, natural gas, refuse service, telephone, water and sanitary sewer. Exhibit 1, Appendix B, Environmental Checklist. Appendix E, Certificate of WaterAvailabili~. The Applicant created a five-foot sewer easement across Lots 2 and 3 to provide service to Lots 3 and 4. Exhibit 1, Appendix A. Site Plan. 7. As a condition of the 2001 short plat approval (PL01~0014), the Applicant and City entered into an Improvements Agreement for on April 28, 2002. The agreement addressed frontage improvements to East 31st Street including street lighting, curbs, gutters, sidewalks and storm water conveyance piping. The agreement gave the City authority to form a local improvement district to construct the improvements or, in the event that the City chooses otherwise, the agreement gave the City authority to delegate the construction work to the Applicant. If the Applicant failed to construct the improvements within six months, the agreement gave the City authority to construct the improvements and allocate the cost to the Applicant. Exhibit 1, Appendix G. 8. The Applicant testified at the July 14, 2003 hearing that the subject property contained a marsh-type area, however he did not know whether it satisfied the City's criteria for a wetland. The Hearing Examiner requested the Applicant to obtain information about the marsh-type area and left the record open until July 18, 2003 so that the Applicant could respond. The Applicant obtained the services of Wiltennood Associates, Inc. to conduct a site view and determine whether the subject property contained a wetland. Wiltermood Associates, Inc. tested three areas on the subject property and concluded in a letter dated July 17, 2003 (Exhibit 2), "there were no wetlands identified on the parcel." The City did not challenge this determination. Exhibit 2, Wetland Evaluation and Report, page 3. Findings, Conclusions & Recommendation Hearings Examiner for the C? p{Bremerton Rainier Fista, ,¥o. PL03-OO] 7 Page 3 p£6 9. The City of Bremerton Department of Community Development submitted the proposal to city agencies for review and comment. The Bremerton Fire Department returned comments that addressed access, turn-around requirements, hydrant availability, and street numbers. The City Transportation Department received notice of the application, however did not comment on the proposal. Exhibit 1, Appendix I, Staff Comments. 10. Two citizens submitted comment letters to the City in response to the request for comments issued by the City. The letters expressed concerns relating to view obstruction, traffic impact and drainage control. Exhibit 1, Appendix J, Citizen Comments. 11. The City of Bremerton was designated lead agency for review of environmental impacts caused by the proposal. The City considered the comments of citizens prior to issuance of its threshold determination. The City Responsible Official determined that the proposal would not have probable significant enviromnental impacts and issued a Determination ofNonsignificance (DNS) on June 12, 2003. Exhibit 1, Appendix B, SEPA DNS. 12. Notice of the open record hearing was posted on site on June 23, 2003, mailed to adjoining property owners on June 19, 2003 and published in The Sun on June 24, 2003 in accordance with City of Bremerton notice requirements (BMC 2t.02.895). Exhibit l, Appendix IL. CONCLUSIONS Jurisdiction Pursuant to Sections 2.13.070, 2.13.080 and 21.02.855 of the Bremerton Municipal Code (BMC), the Hearings Examiner of the City of Bremerton has jurisdiction to hold open record pre-decision heatings on Preliminary Plat applications and recommend action to the City Council. The recommendation may be to approve, approve with conditions, or deny the application. BMC 2.13.110. Criteria for Review To recommend approval of a Preliminary Plat, the Hearing Examiner must find that the application satisfies the criteria for a Preliminary Plat; is consistent with the Comprehensive Plan; and conforms to all applicable City development regulations, minimum standards, and design guidelines. BMC 21.02.885. The criteria for approval of a Preliminary Plat are found in Chapter 58.17 of the Revised Code of Washington. Pursuant to RCW 58.17.110(2), a Preliminary Plat application may not be approved unless: (a) appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and Findings, Conclusions & Recommendation Hearings Examiner for the CiO, ~f Bremerton Ra&ier I%'~a. No. PL03-OO] 7 Page 4 qf 6 (b) the public use and interest will be served by the platting of such subdivision and dedication. Conclusion Based on Findings 1. The proposal is consistent with the Comprehensive Plan. The proposal will provide affordable housing for the City of Bremerton. Lot sizes will range in size, which will accommodate various home sizes. The proposal will incorporate and preserve an existing residence. Urban services are available to the subject property. Findings of Facts Nos. 1, ~ 3,4,6,7. 2. The proposal is consistent with identified zoning standards. The proposed subdivision will create four lots ranging from 7,987 square feet to 12,825 square feet in area. Lot widths will vary from 80 to 100 feet. The completed project will yield four residential units on approximately one acre. View obstruction will be minimized by a City housing height restriction of 30 feet.2 Findings of Facts Nos. 3, 4. 3. With conditions, appropriate provision will be made for the public health, safety and general welfare and for all other relevant facts. The proposaI will create four lots for residential development. The Applicant will construct each lot and associated single- family unit in accordance with City of Bremerton zoning requirements including setbacks, lots size, and density standards. Conditions of approval will mitigate traffic impact by requiring frontage improvements. The City Fire Department has set forth safety requirements, which the Applicant will satisfy with conditions of approval. Thc City conducted environmental review of the proposal and determined that it would not result in significant adverse environmental impacts. Water, sewer, garbage service, natural gas, electricity and telephone are available to each of the four lots. The Applicant will preserve existing vegetation where possible and will take measures prior to clearing and construction that will mitigate erosion. Conditions of approval are necessary to ensure adequate fire flow, future frontage improvements and protection from erosion during clearing and construction. Findings of Facts Nos. 1, 4, 5, 6, 7, 8, 10. 4. The public use and interest will be served by the creation of four single-family residential lots complying with City of Bremerton zoning standards. The proposed plat will provide increased housing opportunities for residents of Bremerton in a manner consistent with the criteria for approval of preliminary plats. Findings of Fact Nos. 1-8, 10. 2 The Hearing Examiner notes that there is no right to a view across other properties in Washington State unless provided by covenant between property owners. See Pierce Id. Sewer & Water District, 69 Wu. App. 76 (I 993). Hearings Examiner for the CiO' ef Yremerton Rainier ~5'sta, No. PL03-OO] 7 RECOMMENDATION Based upon the preceding Findings and Conclusions, the Hearings Examiner recommends approval of a Preliminary Plat to subdivide two lots totaling .96 acres into four single-family residential lots, as depicted on the Preliminary Plat Map (Exhibit 1, Appendix A), subject to the following conditions. 1. The subdivision shall comply with all conditions specified in the conditional water and sewer availability letter from the City of Bremerton Public Works and Utilities Department. 2. The Applicant shall comply with all City Fire Department recommendations (Exhibit l, Appendix I). The Applicant will provide fire flow and hydrant if not available. 3. The applicant shall provide a signed improvement agreement for future frontage improvements for this approval, as required by the City of Bremerton Municipal Utilities. 4. The applicant will obtain addresses from Public Works, which will be indicated on the final plat. 5. The Applicant shall install erosion control prior to clearing and construction. The Applicant shall install permanent stormwater drainage and take erosion control measures that will prevent increased runoff to existing homes located below the proposed subdivision, along Pawnee Drive. 6. A final plat meeting applicable development standards and conditions shall be submitted to the City for approval within five years of the date of preliminary plat approval. Decided this~2~ day of July 2003. Theodore Paul Hunter Hearings Examiner for the City of Bremerton Findings, Conclusions & Recommenclation Hearings Examiner for &e Cio of Bremerton Rainier Vista, No. PL03-O017 CITY OF BREMERTON DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT, CONCLUSIONS AND FINDINGS Rearing Examiner Public Hearing July 08, 2003 Requested Action: Am~md short plat No. PL01-0014 to divide 2 lots into 4 lots. (See Appendix A for application.) GENERAL INFORMATION 1. Land Use Action: Preliminary Approval of a Subdivision 2. File Number: PL03-0017 3. Applicant: Solid Seven Construction 4. Location: Tax Number 112401-2-151-2006 md 112401-2-151-2007 (two lots south side ofE. 31st Street, 100 feet west of Pawnee Drive 5. Assessor AeeountNumber: 112401-2-151-2006 and i12401-2-151-2007 PROJECT SUMMARY 1. Current Zone Classification: Residential Low-density (SF-3) 2. Comprehensive Plan Designation: Low Density Residential 3. Shoreline Environmental Designation: None 4. Critical Areas Designations: None identified STATE ENVIRONMENTAL POLICY ACT SEPA Threshold Determination: Determination of Nonsigaificance (See Appendix B for SEPA Checklist and DNS) SITE DESCRIPTION 1. Legal Description: Lots A and B, City of Bremerton Shore Plat No. PL 01-0014, recorded in volume 16, Page 247, under Auditor's file No. 200204260001, being a portion of Government Lot 1, Section 11, Township 24 North, Range 1 East, W.M., in Kitsap County, Washington. 2. Lot Size: Approximately 0.96 acres 3. Surrounding Land Uses: North Residential Single Family Residential Medium-density South Residential Low- Vacant land and Single Family Residential density (SF-3) East Residential Low- Single Family Residential density (SF-3) West Residential Low- Single Family Residential density (SF-3) 4. Topography: The land is generally flat with the steepest slopes approximately 7 percent on the site. The property is vegetated with grass, trees and shrubs. 5. Development: A house is located on Lot A. 6. Access: The ingress/egress are provided from E 31st Street. 7. Utilities: The site is served by public water and sanitary sewer services. COMPREHI~,NSIVE PLAN SEE APPENDIX C for map of Comprehensive Plan Designation. PLANNING GOALS: The Comprehensive Plan goals help define the vision for Bremerton's future. The following Planning Goals are consistent with the rezone application. · Goal # 1 Urban Growth: "Encourage development in urban areas where adequate public facilities and services exist or can be l~rovided in an efficient manner." Supporting Policy (3): Accommodate new development with care so that Bremerton will continue to be a well-balanced "most livable city." · Goal # 4 Honsin~: "Encourage the availability of affordable housing to a]! economic segments of the t~ot~ulation of this state, l~romote a variety of residentia! densitiex and housing types, and eacourage preservation of existing housing stock. Goal D (2) New Housing Development: "Provide a variety of housing types and densities to meet changing needs of Bremerton residents." Supporting Policy (3): Stimulate the production of new housing for all income, age, family type and ethnic groups. LAND USE ELEMENT: The property is located in the East Bremerton Plan (Element E, 7, (page 27)). There are no policies specified under this plan applicable to this development. CITY OF BREMERTON APPROVAL OF SUBDMSIONS City of Bremerton does not have a subdivision ordinance. The requirements for approving a subdivision are set forth in RCW Chapter 58.17 (Plats-Subdivision- Dedications). Bremerton Municipal Code 21.02.855 establishes preliminary subdivision approval as a Type IV City Council Decision after an open-record hearing and recommendation by the Administrative Hearing Examiner. Brernerton Municipal Code 21.02.850 establishes final approval of a subdivision as a Type III Administrative Hearing Examiner Decision. ANALYSIS: 1. The two lots being divided were created by a short plat that was approved by the City of Bremerton Department of Community Development in October 2001 (File No. PL01-0014). Conditions of approval included future frontage improvement agreement. (See Appendix D for decision to approve Short Plat No. PL01-0014.) 2. Bremerton Municipal Code Section 20.04.110 (Re-subdivision) states that "land in short subdivisions may not be further divided in any manner within a period of five years without the filing of a final plat." Applicant is requesting to re-subdivide a short plat within 5 years, which requires a subdivision process instead of a short subdivision process. 3. The subdivision is consistent with Comprehensive Plan Goals and Policies. 4. Minimum Lot Size in the Residential Low-density (SF-3) is 5,000 square feet. 5. Applicant is requesting approval to divide two (2) adjacent parcels of land containing approximately into four (4) separate lots as follows: Lot 1 = 7,987 square feet Lot 2 = 8,808 square feet Lot 3 = 12,208 square feet Lot 4 = 12,825 square feet 6. Minimum flag lot size in a SF-3 zone is 7,500 square feet (150% X 5,000) per BMC 21.02.200. 7. Bremerton Municipal Code Section 21.02.070 (definitions) defines a flag lot as "a with access to its street by way of a narrow strip of land having a minimum width of twenty (20) feet. A flag lot consists of two parts. 1. The "flag" or main body of the lot; and 2. the "panhandle" or narrow access way connecting the body of the lot to the street." Lot 3 and Lot 4 meet tkis definition. 8. Maximum density is 8 dwelling units / acre. The subdivision meets the density requirements. Four single-family dwelling unit lots require 21,780 square feet of area (5,445 square feet p~r dwelling unit) and the plat contains 41,814 square feet. 9. Development standards are as follows: Minimum Lot Width: 40 feet. Setbacks: Front Yard = 15 feet (20 feet for garage). Side Yard = 5 feet. Rear Yard = 15 feet. Maximum lot coverage is 40 percent. 10. The proposed rmYfimum lot widths are: Lot 1:80 feet Lot 2:85 feet Lot3:85 feet Lot4:100 feet 11. Lots must provide a minimum street frontage of 20 feet. Each lot in the proposed subdivision has a minimum of 20 feet of street frontage. 12. The subject property is located within the City's utility service area. A letter of conditional Water and Sewer Availability is included in the 51e. (See Appendix E.) 13. A 5-foot sewer easement was granted across Lot B to provide service to Lot A under conditions of approval for short plat PL01-0014. (See Appendix F Technical review requiring easement.) 14. Applicant will need to submit for site plan review for building permits. 15. An improvement agreement was recorded under the conditions of approval for short plat PL01-0014. (See Appendix G for recorded improvement agreement.) 16. A Determination of Nonsignificance was issued June 12, 2003. Notification was sent to individual property owners and published in the Sun newspaper. No comments were received or appeals filed regarding the decision. 17. Notices were sent to properties within a 300-foot radius of the subject property (See Appendix H). Notification was provided as follows: Determination of Completeness May 5, 2003 Notice of Application May 16, 2003 Corrected Notice of Application May 21, 2003 DNS published June 12, 2003 Notice of Hearing June 24, 2003 4 180 COMMENTS COMMENTS (SEE APPENDIX I): Building No comment Engineering De'pm hnent · See engineering requirements for the original Short Plat PL01-0014 · Improvement agreement identified in PL01-0014 will apply to any additional lots Fire · Provide fire flow and hydrant if not available · Provide Fire Department access with turnaround if over 150 feet in length · Provide all weather 20 foot wide road tract, 18 feet paved · Provide address numbers Cross Connection Control No concerns I Traffic No concerns Depm'tuient of Community, Trade None and Economic Development Puget Sound Water Quality Action None Team Suquamish Tribe None Department offish & Wildlife None Department of Transportation None Department of Natural Resources None Department of Transportation None Olympic Region Developer Services Department of Ecology None Kitsap Transit None Bremerton - Kitsap County Health None District Kitsap County Depmhnent of None Community Development PUBLIC COMMZNTS RECEIVED (SEE .~PPENDIX J): Robert & Suzarme Hubert Concerned about development 3015 Pawnee Drive bloc~ng their views Bremerton, WA 98310 Mr. & Mrs. Leo C. Maki Opposed to the subdivision 3011 Pawnee Drive because: Brernerton, WA 98310 1. impact of increased traffic drainage/run off problems ~i Obstruction of view FINDINGS: The City of Bremerton Department of Community Development makes the following findings in support of a recommendation. 1. A re-division of land within five (5) years inside the boundaries of an approved short plat requires the filing of a plat. 2. The proposed preliminary plat complies with the applicable development standards in a SF-3 (Residential Low-density) zone, the land use map and the Comprehensive Plan, designation LDR (Low Density Residential), and furthers the knplementation of several goals and policies within said plan. 3. The site (Lot A) current contains a dwelling unit that will continue to meet applicable development standards. 4. The subject property is located in an area suitable for development, as addressed by the commenting agencies and city staff, and conditioned below. 5. The subdivision is adequately serviced by public utilities as referenced in the letter of conditional water and sewer availability. 6. The public health, safety and general welfare of the City of Bremerton have been served in that comments from agencies and the public have been considered and addressed in relation to this apphcation. 7. The Notice of Application was published on May 21, 2003 in the Sun newspaper, notification was sent to property owners within 300 feet and the property was posted on May 21, 2003. Public comments were received. 8. Notice of Hearing was published on June 23, 2003 in the Sun newspaper, notification was sent to property owners within 300 feet and the property was posted on June 23, 2003. 9. A Determination of Nonsignificance was issued June 12, 2003. CONCLUSION If approved, the preliminary plat would comply with the City of Bremerton Comprehensive Plan and applicable Bremerton Municipal Code development regulations subject to the following conditions. 1. The subdivision shall comply with all conditions specified in the conditional water and sewer ava/lability letter fi.om the City of Bremerton Public Works and Utilities Department. 2. The applicant will provide fire flow and hydrant if not available. 3. The applicant shall provide a signed improvement agreement for future frontage improvements as required by the City of Bremerton Municipal Utilities (See Appendix H for improvement agreement under PL01-0014). 4. The applicant will obtain addresses fi.om Public Works, which will be indicated on the final plat. 5. A final plat meeting applicable development standards and conditions shall be submitted to the City for approval within five years of the date of preliminary plat approval. SIGNATLrR~ OF STAFF pREPARING REPORT: Robert J. Grumbach City of Bremerton Department of Community Development Current Planner HDR C-GI LDR [] LDR LDR MDR MDR MDR S 'LDR LDR '1 :LDR MDR P MDR City of Bremerton Department of Community Development I DETERMINATION OF NONSIGNIFICANCE I PROPOSAL: Amend short plat No. PL01-0014 to divide 2 lots into 4 lots FILE NUMBER: PL03-0017 LOCATION: Tax Number 112401-2-151-2006 and 112401-2-151-2007 (two lots south side of E. 31 ~t Street, 100 feet west of Pawnee Drive) PROPONENT: Solid Seven Construction inc. LEAD AGENCY: Department of Community Development The SEPA Responsible Official of the City of Bremerton hereby makes the following Findings and Conclusions based upon a review of the Environmental Checklist, comments received in response to the Notice of Application issued on May 21, 2003, other information on file with the City of Bremerton, and the policies, plans and regulations designated by the City of Bremerton as a basis for the exercise of substantive authority under the Washington State Environmental Policy Act (SEPA) pursuant to RCW 43.21 C.060. CONCLUSIONS OF RESPONSIBLE OFFICIAL: The Responsible Official concludes that the proposal does not have a probable significant impact on the environment, and an Environmental impact Statement is not required pursuant to RCW 43.21.C.030(2)(c). This decision is made after a review of the completed Environmental Checklist, other information in the file with the City of Bremerton, and existing regulations. This information is available to the public upon request. This Determination of Nonsignificance (DNS) is issued after using the optional DNS process in WAC 197-11-355. There is no further comment period on the DNS. RESPONSIBLE OFFICIAL: Christopher R. Hugo, Director Department of Community Development City of Bremerton 286 Fourth Street Bremerton, WA 98337 STAFF CONTACT: Robert Grumbach, (360) 473-5379 DATE OF ISSUE: June 12, 2003 DATE OF PUBLICATION: June 12, 2003 ri~{ophar ~. ~Jgo, R~esponsible Official APPEALS: Pursuant to RCW 43.21 C.075 and City of Bremerton environmental regulations (BMC Chapter 21.12.210), decisions of the Responsible Official may be appealed. Appeals must be filed by a person with standing with the appropriate fees at the Department of Community Development located at the Bremerton Permit Center, 286 Fourth Street, Bremerton, 98337. Appeals must be filed by the date indicated above as "Appeal Deadline." If you appeal, you should be prepared to make specific factual objections. NOTE: The issuance of this DNS does not constitute project approval. The applicant must comply with all other applicable requirements of the City of Bremerton and the State of Washington. KITSAP COUNTY OFFICE OF PLANNING ENV~O~NTAL CHECKLIST To the Applicant: The State Environmental Policy Act (SEPA), chapter 43.21C RCW, requires agencies to consider the environmental impacts of a proposal before making decisions. This environmental checktist asks you to describe some basic information about your proposal. Agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an Environmental Impact Statement (ELS). Please answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply"_ Complete answers to the questions now may avoid unnecessary delays later. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land_ Attach any additional information that will help descn~be your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. 1 A. BACKGROUND 1. Name of proposed project, if applicable. Rainier Vista (Long Plat) 2. Name of applicant: Bill Bakker Solid Seven Construction PO Box 2788 Bremerton, Wa 98310 3. Address and phone number of applicant and contact person: Contact: Steve Ottua~r (360) 692-6400 AES Consultants Inc. PO Box 930 S~verdale, Wa 98383 4. Date checklist prepared: April, 2003 5. Agency requesting checklist: City of Br~merton Department of Community Developmem 6. Proposed timing or schedule (including phasing, if applicable): Construction on lots as soon as possible after approval. 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, ex"pi No 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to ~hi~ proposal. None 9. Do you know whether applications are pending for government approvals or other proposals dkectly affecting the property covered by your proposal? If yes, explain. No 10. List any applications for permits or authorizations which have been, or will be, submitted to local, state or federal agencies for the project or project area. Approval of Long plat from the City of Bremerton 2 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and ske. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to includ~ additional specific information on project description.) Plat 2 existing lots into 4 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. Ifa proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. See Site Plan TO BE COMPLETED BY APPLICANT B. ENWIRONMJENTAL ELEMENTS 1. Earth a. General description o£the site (circle one): Flat, rolling, hilly, steep slopes, mountainous, other b. What is the steepest slope on the site (approximate percent slope)? Approximately 7% c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. Loamy Sand d. Are there surface indications or history of unstable soils in the immediate vicinity? if so, describe. No e. Describe the purpose, type, and approximate quantifies of any filling or grading proposed. Indicate source of fill. Small cut/fill for new home construction £ Could erosion occur as a result of clearing, construction, or use? If so, generally describe. 3 Yes. Cleared areas could erode during heavy raim g_ About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? 23% h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: Installing erosion conlxol measures prior to clearing and construction. Furore landscaping of disturbed arms. 2. Air a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quarrtities if known. Construction dust and exhaust and long term auto and chimney exhaust. b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally deaz~ribe. No c. Proposed measures to reduce or control emissions or other impacts to air, if any: None 3. Water a. Surface: 1) Is there any surface water body on or in the immediate vicinity o£the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into_ No 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please desc-dbe and attach available plans. No 4 3) Estimate the mount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. None 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. No 5) Does the proposal lie within a 10C-year floodplain? If so note location on the site plan_ No 6) Does the proposal involve any discharge of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. No b. Ground: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. No 2) Describe waste material that will be discharged into the ground water from septic tank~ or other sources, if any (for example._ domestic sewerage; industrial, containing the follow'rog chemicals...: agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of auimal$ or humans the system(s) are expected to serve. None c. Water Kuuoff 0nclurtlng storm water): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (including quantities, if known). Where will this water flow? Will this water flow into other waters? Il'so, describe. Storm water runoff will be handled per City standards 2) Could waste materials enter ground or surface waters? If so generally describe. No 5 d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: None 4. Plants a. Check or circle types of vegetation found on the site: X deciduous tree: alder, maple, aspen, other X~ evergreen tree: fir, cedar, pine, other X shrubs X~ grass pasture __ crop or gram wet soil plants: cattail, buttercup, bulrush, slmnk cabbage, ~ water plants: water l~y, eelgrass, milfoil, other other types of vegetation b. What kind and amount of vegetation will be removed or altered? Typical amounts for driveway and new home construction. c. List threatened or endangered species known to be on or near the site. None. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any None. 5. Animals a. Underline any birds and animals which have been observed on or near the site or are known to be on or near the site: Birds: hawk. heron, eagle, songbirds, other: Mammals: deer, bear, elk, beaver, other:. Fish: bass, salmon, trout, herring, shellfish, other: b. List any threatened or endangered species known to be on or near the site. None c. Is the site part of a migration route? If so, explain. No d. Proposed measures to preserve or enhance wildlife, if any: Future landscaping of disturbed areas 6 6. Energy and Natural Resources a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. Electricity. Mostly for heating and lights b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. No c. What kinds of energy conservation features are included in the plans o£this proposal? List other proposed measures to reduce or control energy impacts, if any. None 7. Environmental ltealth a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire or explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so descn'be. No 1) Describe emergency services that may be required. None 2) Proposed measures to reduce or control environmental health hazards, if any: None b. Noise 1) What types of noises exist in the area which may affect your project (for example: traffic, equipment, operation, other)? none 2) V~hat lypes and l~v¢ls of noise would be created by or associated v~th the project on a short-term or a long-term basis (for example~ ~rafc, construction, operation, other)? Indicate what hours noise would come from the site. Short term construction noise and long term traffic noise. 3) Proposed measures to reduce or control noise impacts, if any: None. 8. Land and Shoreline Use a. What is the current use of the site and adjacent properties? Kesidential 7 b. Has the site been used for agriculture? If so, describe. No c. Describe any structures on the site. Small existing residence d. Will any structures be demolished? If so, what? No e. What is the current zoning classification of the site? SF3 f. What is the current comprehensive plan designation of the site? Urban g. If applicable, what is the current shoreline master program designation of the site? N/A h. Has any part of the ske been classified as an "environmentally sensitive" area? If so, specify. No i. Approximately how many people would reside or work in the contemplated project? 3 new families j. Approximately how many people would the completed project displace? None k. Proposed measures to avoid or reduce displacement impacts, if any: None 1. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any. None 9. ]lousing a. Approximately how many ~mits would be provided, if any? Indicate whether high, middle, or low-income housing. 3 middle income units b. Approximately how m~ny units, [f any, would be elkminated? Indicate whether high, middle, or tow-income housing. None c. Proposed measures to reduce or control housing impacts, if auy: None 8 10. Aesthetics a What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed7 30' with wood and brick b. What views in the mediate vicinity would be altered or obstructed? None c. Proposed measures to reduce or control aesthetic impacts, if any: None 11. Light and Glare a. What types of light or glare will the proposal produce? What time of day would it mainly occur? Kesidenfial landscape lighting and vehicle head lights b. Could light or glare from the finished project be a safety hazard or interfere with views? No c. What existing off-site light sources of light or glare may affect your proposal? None d. Proposed measures to reduce or control light and glare impacts, if any': None 12. Recreation a. What designated and informal recreational opportunities are in the immediate vicinity? None b. Would the proposed project displace any existing recreational uses? If so, describe. No c. Proposed measures to reduce or control impacts on recreation, including recreational opportunities to be provided by the project applicant, if'any: None. 13. ltistoric and Cultural Preservation a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe. No 9 b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site_ c. Proposed measures to reduce or control impacts, if any: None. 14. Transportation a. Idemify public streets and highways serving the site, and describe proposed access to the existing street system. Show on the site plans, if any. See site plan b. Is the site currently served by public transit? If no, what is the approximate distance to the nearest transit stop? Not known c. How many parking spaces would the completed projezt have? How many would the project elimixnate? 8+/- d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so generally describe (indicate whether public or private). No e. W~dl the project use (or occur in the immediate vicinity of) water, rail, or air transportation? Ifsogenerally describe. No £. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. Approximately 10-20 per dayby residents. g. Proposed measure to reduce or control transportation impacts, i~any: None 1~. Public Services a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so generally describe. Slight increase due to 3 new homes b. Proposed measures to reduce or control direct impacts on public services, if any: None 10 16. Utifities a. Underline utilities currently available at the site: electriciW, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other (storm sewer). b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. Already existing 17. SIGNATURE The above a~swers are tree and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its de0.sion Date Submitted: 1L 3ul O1 03 03:3Sp En~ineerin~ Division 3~0-478-5398 p.2 July l, 2003 Solid Seven Construction Inc. Attn: Bill Bakker P.O. Box 2788 Bremerton, WA 98310 CONDITIONAL WATER AND SEWER AVA[LABILITY TAX LOT #112401-2-151~2006 and 112401-2-151-2007 In response to your application for utility services, the City of Bremerton is pleased to advise you that your project is situated within the City's Utility service area. The Utility ha~ facilities and adequate capacity and supply to provide sewer and water service to your proposed project. The requested services are conditionally available to this project as follows: Permitted Land Use Service is requested for four (4) single family residences. Availability of utility services is subject to conformance to the City Comprehensive Land Plan and zoning ordinance. Please contact the Department of Community Development at 478-5275 for specific land use information. The proposed project is located in the SE quarter of Section 11, Township 24 N., Range 1 E., Willamette Meridian; Tax Assessor's Lot Number i 12401-2-151-2006 and 112401-2-151-2007 at 3Isth Street in Bremerton, Washington. Any change in this designated land use or property description will reqff~re a new application and render this notice of conditional utility availability null and void. City Water & Sewer Availability Page 1 3ul O! 03 03:36p En~ineerin~ Dsvision 3S0-$78-5398 p.3 Water Service Water service is conditionally available within the 31st Street right-of-way and consists of an 6-inch A. C main located along the north side of this proposed development. The water system pressure is estimated to be 90 pounds per square inch. Bremerton Municipal Code (BMC 15.02.070) reads: "In the event local conditions result in high pressure (exceeding 80 psi), a pressure reducing valve [a.k.a. pressure regulator] may be required and installed at the expense of the owner. The pressure reducing valve shall remain the property of the property owner who will be solely responsible for its maintenance and operation. (Ord. 4309 {}2 (in part), 1991)" .Wastewater Service Wastewater (sewer) service is conditionally available in the NE comer of this development To access the City of Bremerton's sewer system one stick of sewer pipe is required to be connected into the manhole located at the NE comer of this development. Each pressurized private lateral can access this main by a gravity connection and a clean out at the transition fi:om pressure to gravity within the existing easement area. This wastewater system is located in the Pine Road Basin. Submit plans and specifications of the sewer main extension stamped by a professional engineer to City Engineering for review and comment. The City will issue a Public Works Project P~,,~it before commencing construction. ......... Storm Management The City ofBremerton Stormwater Management Program is dedicated to modifying the flow rate to prevent flooding, and improving the quality of stormwater that flows into Puget Sound. City Ordinance requires adherence to the Stormwater Management Manual for the Puget Sound Basin. Temporary emsion and sediment control Best Management Practices (BMPs) shall be enacted on all building sites. Land Use and Development Standards Compliance Availability of utility services shall be subject to compliance with the following: City of Bremerton Comprehensive Land Use Plan; and the City's development, city street, and subdivision standards. Water and Sewer Hook-up Development of the proposed project and connection to the Utility System shall be completed m accordance with the Department of Utilities Development and Construction Standards, APWA/DOT Specifications, AWWA Standards, and Title 15 of the Bremerton Murdcipal Code. City Water & Sewer AvaitabSty Page 2 Jul O1 03 03:36p Engineerin~ Division 360-4?8-5398 Payment of Assessments and Fees Payment of applicable assessments and connection fees will be requixed pursuant to Title 15 and the formalization of a Utility Service Agreement will be required prior to construction. Utility services for the conditions stated herein shall be limited to 180 days fi.om date of approval unless a Utility Service Agreement with the City is executed prior to that time. Should you have any questions, please contact this office at 478-2325 for assistance. We look forward to working with you in providing these services for your project. Very truly yours, APPROVED: r Paul Wandling Engineering Technician 1V Civil Engineer II THIS LETTER IS NOT BINDING UNTIL ALL CONDITIONS ARE MET AND ACCEPTED BY THE CITY OF BREMERTON. ~151E31 sm~tAV'Ldoe City Water & Sewer Availabili[y Page 3 94754/2882 93:58P BREMERTON CITY OF AgMT $18.99 Kit~ap Co, Filed for Record at Request of: ~ ~co~d~d ~t~ to: N~e: CiW Clerk Ad.ess: 239 Fo~h Sweet Breme~on, WA 98337 Document Title: Improvements Agreement (without bond) Project Name: Churchman Short Plat Developer Name: Morris Churchman Location: 205 E 31 st Street Tax Parcel #: 112401-2-120-2005 Abbreviated Legal A portion of the NW ¼ in Section 11, Township 24 North, Range 1 East Description: Government Lot 1 Lot B of short Plat NO. 6513 as recorded in vol. 10 page135 of Short Plats, Auditor's File NO 9402110149, records of Kitsap County, WA. IMPROVEMENTS AGREEMENT WHEREAS the City of Bremerton requires certain land developments to include public and private improvements including, but not limited to curbs, gutters, and sidewalks, street lights, street widening and stormwater improvements, as a condition for plat, P.U.D., or building permit; approval; and WHEREAS the undersigned, as owner of real property within the City of Bremerton, described in Exhibit "A" and attached hereto by reference herein, (hereinafter "Premises") has made application for Short Plat which requires a Frontage Improvement Agreement for furore fi-ontage improvements according to PS00-0028. NOW, THEREFORE, the undersigned owner (hereinafter "Owner") and the City of Bremerton (hereinafter "City"), in consideration of the City's approval of Owner's project and the mutual covenants set forth herein, the parties do hereby promise and agree as follows: 1. Local Improvement District. Owners, by signing below, grant to the City of Bremerton a Limited Power of Attorney to include this Agreement as Owner's consent to tile formation of a Local Improvement District under RCW Ch. 35.43 for the construction of improvements on or abutting said property as described in Exhibit "B" encompassing all or part of the property described in Exhibit "A", as part of any Notice of Petition or Resolution presented to or by the City, for the purpose of performing any of said improvements. Owner agrees not to sign any petition to defeat a Local Improvement District formed by the use of this Limited Power of Attorney, except the Owner may protest the special benefit to the Premises. This Limited Power of Attorney is irrevocable. 2. Construction of Improvements. Upon the City's decision to have the improvements subject to this agreement constructed by the Owner rather than through a Local Improvement District, or the City's inability to form a Local Improvement ~istrict, the Owner shall construct those improvements, described in Exhibit "B", as directed by the City within six (6) months of notification by the City to construct said improvements, unless an alternative time has been mutually agreed upon. If the Owner fails to construct said improvements within the time described above, the City shall have the authority to construct said improvements and the costs of construction shall be assessed against the Owner and filed and recorded as a lien on the Premises under procedures for a mechanic and materialman's liens. 3. Covenant. The undersigned further agrees that this Agreement and the promises made herein constitute a covenant running with the land and shall be binding upon the undersigned and their heirs, successors, and assigns, and that this Agreement shall be filed for record in the office of the Kitsap County Auditor. 4. Standards. Owner agrees to construct said improvements in compliance with City standards in effect at time of construction. BREMF-RTON CITY OF 8G~T $13.88 Kitsap Co, W8 5. Permits. Owner shall obtain a Right-of-Way permit from the City for all work performed within the City Right-of-Way. Owner shall also obtain all other permits required to complete the improvements. OWNER(S): Lillian Churchman ^ Morris Churchman STATE OF WASHINGTON) : SS. COUNTY OF KITSAP ) /~ O,n this ,day l~ersonally appeared before me ~t'///~/q t~.~Ol'-~/9OO,.qlO and t)Fr-I~/'I~)0~/'])DO~IO , to me known to' 'be-tl{e ~m~ividua~(s)* de~ribed in and who executed the within' foregoing instnunent, and acknowledged that they signed the same as their flee and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN an~j~/~.~i/.cial seal this~q day of A/~N~0( .2002. '/Ill)IIIIIIIIlU~ii%'~ : No{tary Publlc in ~and for t~lo~tate of/ Washington, residing at:~/~ My appointment expires: CITY OF BREMERTON ACC~ W. EUGENE SAMPLEY, P.E. DIRECTOR OF PUBLIC WORKS & UTILITIES BREtiERTON CITY OF RGtlT $1B.O(~ Kktsap Co, aR EXHIBIT A Lot B of Short Plat NO. 6513 as recorded in volume 10 page 135 of Short Plats, Auditor's File NO. 9402110149/0150. Being a portion of Government Lot 1 in the northwest quarter of the northwest quarter, Section 11, Township 24 North, Range 1 East, W.M., Kitsap Cotmty, Washington. Together with easements as depicted on the short plat. Except for that conveyed to the City of Bremerton for right of way under Auditor's File NO. 200111300531, records of Kitsap County, Washington, described as follows: the north 30 feet of the east 123.63 feet of above described Lot B, Short Plat NO. 6513. 8R£MERTOH CITY OF A6M? $13.88 Ki%sap Co, WA EXHIBIT B Frontage Improvements to include street lighting, curb, gutter, sidewalk, and associated .storm conveyance piping, BR£M£RTO~I CITY OF AGMT $13.8B Kitsap Co, WA 96065~LIDNOBND JUN 0 ~ ' '-" ibI,! Leo & Margaret Maki -- 3011 Pawnee Drive B~,_TCCIE ~i L~¢; Bremerton, WA 98310-6813 June 5, 2003 Department of Community Development ATTN: Robert Grumbach, Current Planner 286 4"~ Street Bremerton, WA 98337 To Whom It May Concern: RE: Amend short plat No. PI01-0014 to divide 2 lots into 4 lots 205 and 211 East 31st Street, 100 feet west of Pawnee Drive Solid Seven Construction, Inc. This letter is concerning the proposed application involving the above property development. Because our property is within 300 feet of the property indicated above, we do have some concerns regarding any future development and/or changes and we are opposed to dividing the 2 lots into 4 lots. Our concerns include: I tmpact of increased density/traffic. Our street, which connects directly to E. 31st Street, is already greatly affected by traffic which not only includes that of property owners off 31st, but also from traffic "cutting through" from Tracyton Btvd., up 31~t, down Pawnee, and visa verse. We are concerned that an additional 4 more homes in this area will add to the ever~increasing traffic through our area. Considering the fact that 31~t is a one-lane road, any additional traffic would be a nuisance. Already cars travel too fast up and down Pawnee Drive. Safety should be considered - there are several children who ride bikes, etc. on E. 30th Street - and cars traveling too fast down Pawnee must make a sharp turn onto E. 30m We do not believe that widening E. 31st to 2 lanes is the answer to this problem. 2) Drainage/run off problems. Our home is situated on one of the lower tots on Pawnee. We always have had quite a lot of run off water from higher lots. Each time there is new construction or development changes above the lower lots, it does seem to create run off differences. 3) Obstruction of view. We have enjoyed a 180-degree view from our property that includes a great view of the Olympics. This feature adds immeasurable value to our lot. Any obstruction of this view by new homes, even though they would be quality homes, would potentially create a large impact on selling our lot/home in the future. This is quite a concern to us - we do not want to lose the luxury of our view as it now stands. Any development that impedes this view would be detrimental not only to us but also to several adjacent property owners. -continued- Page 2 Leo & Margaret Maki 3011 Pawnee Drive E~remerton, WA 98310-6813 June 5, 2003 While we certainly understand and expect changes will occur with each new property owner, we believe the concerns we have listed are important and deserve to be considered in detail. We "cannot stop progress*, so to speak, but we certainly hope that the integrity of our existing community and neighborhood of homes will be maintained with the lowest impact possible to existing homes and property owners, which is only fair and equitable. We strongly feel that over-development and too many subdivisions of lots are a detriment to value and not favorable to the quality and future of either our city or county. While we realize we missed the first "deadline" for comments, we have been made aware that there will be a public hearing conceming the proposed subdivision application and public concerns will be addressed. Therefore, this letter is being submitted for consideration in the above-named proposal Sincerely, Margaret L. Maki ¢? +~ Page 1 ! ~umbach PL03 0017 From: "Robert Hubert" <mikeyhl@earthlink.net> To: <rgrumbach@ci.bremerton.wa.us> Date: 6/1/03 7:26PM Subject: PL03-0017 Dear Mr. Grumbach, RE: Notice of a Land Use Action PL03-0017 My wife and I are concerned about the desire of Solid Seven Construction, Inc. to amend short plat No. PL01-0014 to divide two lots into four lots. We bought our home about 20 months ago. Among those characteristics we found desirable, and for which we were willing to pay the asking price was the views of the Olympics. Anytime you buy a home, you need to recognize that adjacent property may be developed. We hold no issue with Solid Seven Construction being able to do such. Our issue is that by permitting the division of the plat into four instead of two building sites, increasing the buitding density on the plat, it is more likely that we will lose our view. We believe that such a loss would reduce our property value and therefore believe that granting an amendment would be a violation of the intent of the city to provide a just system by which our community is developed. Our house represents our primary asset and investment as well as that immeasurable value, "home." Reducing or eliminating our view would harm all three. We urge the city to thoughtfully consider the integrity of the relationship between the current homeowners adjacent to PL01-0014 and the city of Bremerton to protect our properties. If assurances can be made that four homes will have no greater risk of harming our view than the two that the plat is currently approved to hold, we would accept the inevitability of a landowner to develop their property in balance with the impact on the rights of those around him/her seeking to avoid harm to their own. For your consideration. Robert & Suzanne Hubert 3015 Pawnee Drive Bremerton, WA 98310