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03/24/04 AGENDA
F LE 239 4th Street · Bremerton, WA 98337 · Phone (360) 478-5280 · Fax (360) 478-5251 CiTY COUNCIL MEETING AGENDA MARCH 24, 2004 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 - March 10, 2004 (#AB04-042) B. 2004 Final CDBG Recommendations (#AB04-043) C. Change Order No. 3 for "Casad Dam Intake Tower Upgrades" Project (#AB04-044) 4. CLAIMS/CHECK REGISTERS 5. MAYOR'S REPORT 6. NEW BUSINESS A. Supplement No. 1 to Professional Services Agreement with EXELTECH CONSULTING, INC. for Permitting and Design of Trunk Storm Sewer for CSO Reduction Improvements in the Pacific Avenue Basin (#AB04-045) B. Local Agency Standard Consultant Agreement with SAMPLEY CONSULTING for the "Downtown Pedestrian/BTC Access Improvement" Project (#AB04-046) C. Professional Services Agreement with SAMPLEY CONSULTING for Project Oversight of the Public Safety Building and Fire Station No. I (#AB04-047) D. Budget Adjustment Authorizing an appropriation of $20,000 to the Contingency Reserve Fund for Appraisal Fees related to the sale of City Property (#AB04-048) 7. PUBLIC HEARINGS - ORDINANCES & RESOLUTIONS A. Ordinance No. 4890 [Second Reading] approving Amendment No. I to PORT BLAKELY TREE FARMS Initial Development Agreement (#AB04-041) B. Resolution No. 2921, authorizing an Interfund Loan to the General Fund from the Contingency Reserve Fund (#AB04-049) 8. PUBLIC RECOGNITION - Comments limited to 3-minutes 9. COUNCIL MEMBER REPORTS 10. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING E-mail: citycouncil@ci.bremerton.wa.us · Web: www. ci.bremerton.wa.us DATE SUBMITTED: March 12, 2004 BILL # ~') c/ AGENDA BILL CITY OF BREMERTON 3 CITY COUNCIL SUBJECT: Minutes of Meeting- Committee Meeting Date: N/A March 10, 2004 COUNCIL MEETiNG Date: March 24 2004 Department: City Council Presenter: Daren Nygren, Council President Phone: (360) 473-5280 SUMMARY: Attached are the minutes for the Council Meeting held March 10, 2004. ATTACHMENTS: Minutes for March 10, 2004 FISCAL IMPACTS (Include Budgeted Amount): 0 APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: F1NANCE DIRECTOR: MAYOR: FISCAL/BUDGET: CONSENT AGENDA [] OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to pass the Consent Agenda as presented. i COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action TAPE #1940 CITY COUNCIL MEETING MINUTES Wednesday, March 10, 2004 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Councit Chambers, 239 4th Street, Bremerton, Washington, Wednesday, March 10, 2004, at 5:30 P.M., with Council President Daren Nygren presiding. Council members present were Mike Short, Will Maupin, Dianne Robinson, Mike Shepherd, Wendy Priest, Cecil McConnell, and Brad Gehring. Council Member Carol Arends was absent. Aisc present were City Attorney Roger Lubovich; Interim City Clerk Paula Johnston; and Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed by the invocation provided by Council Member Dianne Robinson. President Nyqren made the following announcements: 1. The Pre-Council session was held in the Council Conference Room from 5:00 to 5:30 PM; 2. Item 3D under the CONSENT AGENDA was placed under NEW BUSINESS as new item 6B. 3. Item 6B under NEW BUSINESS was pulled from the agenda and postponed until March 17, 2004; 4. A 15-minute Executive Session will be held immediately following regular business tonight in the Council Conference Room to discuss PENDING LITIGATION per RCW Chapter 42.30.110(1 )(i). CONSENT AGENDA A. Minutes of Meeting - February 25, 2004 (#AB04-032) B. Interlocal Agreement with KITSAP COUNTY for Reimbursement of Work, Purchase of Materials, and Rental Equipment (#AB04-033) C. Addendum No. I to NAVAL MUSEUM Agreement (#AB04-034) #0040 M/S/C/U (Priest/McConneII) Move to approve Consent Agenda as presented. 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. #0075 M/S/C/U (McConnell/Short) On March 10, 2004, the Council approved payment of Check numbers 288514 through 288850; and EFT-8064 through EFT-8087 in the amount of $1,617,461.43 on the Master Check Register; Regular Payroll in the amount of $881,757.16 for the pay period ending February 15, 2004; and Retiree Payroll in the amount of $152,985.84 for the pay period ending February 15, 2004. MAYOR'S REPORT - There was no Mayor's Report tonight. 6A- CONTRACT WITH SOUND CONSTRUCTION & EQUIPMENT FOR DEMOLITION OF BUILDINGS AT 81'1 PARK AVENUE [DARI-FRESH BUILDING] AND THREE SMALL HOUSES AT 8t7 10TM STREET (#AB04-036): Chief Al Duke, Bremerton Fire Department, explained that the item before Council is a request for approval of the demolition contract for the DARI-FRESH Buildings, and three small houses at the site of the new Fire Station. The Iow bidder is SOUND CONSTRUCTION & EQUIPMENT of Port Orchard, WA, in the sum of $107,933, plus sales tax. It was pointed out that the work includes abatement, removal of asbestos, and removal of the underground fuel tanks. TAPE #1940 City Council Reg. Mtg. Minutes March 10, 2004 Page 2 of 4 There were no comments from the public. #0175 M/S/C/U (Shepherd/Maupin) Move to approve the Contract for Building Demolition with SOUND CONSTRUCTION & EQUIPMENT, in the amount of $117,215.24, and authorize the Mayor to execute the contract in substantially the same form as presented. 6B - MODIFICATION OF JOB DESCRIPTION FOR DIRECTOR OF PUBLIC WORKS & UTILITIES {#AB04-035): As members of the interview-panel for the new Public Works & Utilities Director, Chris Hu,qo and Will Maupin summarized that amendments related to the eligibility requirements are being proposed to the job description for the Director of Public Works & Utilities. It was explained that BMC 2.05.020 requires City Council approval of the job description prior to Council confirmation of a Department Director's appointment, and therefore this modified job description is being submitted prior to the appointment. Helen Miller asked if the modifications were being proposed to "dilute the standards" because the City could not find an applicant with similar qualifications as Mr. Sampley. Mr. Hu.qo commented that the interesting irony is that Mr. Sampley would not even meet the qualifications that are in place today...however, he explained the main reason for the proposed modifications was to recognize that as the City and the Public Works Department have matured, more professional staff members now have the credentials both in education and licensing to take care of the technical aspects of the engineering functions, so now the focus can be placed on finding someone who is a good manager. Mr. Maupin agreed that was more important for the Head of the Public Works Department to have a college degree, a number of years experience in the Public Works field, and the ability manage a large organization. Discussion continued by several members of the Council to address their concerns... #0735 M/S/C/U (ShortJPriest) Move to approve the proposed job description for the Director of Public Works & Utilities. 7A- PUBLIC HEARING TO ALLOW FOR PUBLIC COMMENT ON COUNTYWIDE PLANNING POLICIES (#AB04-034): Chris Hu.qo, Community Development Director, pointed out that the Kitsap Countywide Planning Policies (CPP's) are a regional framework prepared by local governments to coordinate jurisdictional growth planning as directed by the State Growth Management Act. The CPP's were originally adopted and ratified by all Kitsap County local governments in 1992. In 2000, a major update of the CPP's was commenced by the Kitsap Regional Coordinating Council. Amendments were adopted by the Board of Kitsap County Commissioners and ratified by the Council in 2001, and December 2003. The proposed 2004 amendments address some of the most important matters related to urban growth including policies on transfer of governance, association of urban growth areas with cities, and the balance between urban and rural growth. These are the final proposed amendments to close the update process that started in 2000. Mr. Hu,qo clarified that the Public Hearing tonight provides an opportunity for citizens to include their comments prior to Council submitting the City's final recommendations. A second Public Hearing to obtain the Council's final direction will be held next week on March 17, 2004. Vivian Henderson, representing the KITSAP ALLIANCE OF PROPERTY OWNERS (KARO), provided a "Position Statement" and written testimony of KAPO members regarding the proposed revisions to the Kitsap Countywide Planning Policies. TAPE #1940 City Council Reg. Mtg. Minutes March 10, 2004 Page 3 of 4 Helen Miller concurred with Ms. Henderson's opinion that the Council was abdicating their responsibility to policy boards and regional council's where citizens have little opportunity for input. Cynthia Cruver provided an example from another community where no organized method of making decisions about large areas of land was used with disastrous results, and therefore stressed the importance of participating in regional planning. Don Larson asked that the City add more trees. Mr. Hu,qo introduced Mary McClure, Executive Director of the Kitsap Regional Coordinating Council (KRCC), to indicate the members who makeup KRCC, which is a body of e~ected officials who represent each jurisdiction, including all three Kitsap County Commissioners; Mayors of Bainbridge Island, Bremerton, Poulsbo, and Port Orchard; two City Council members from the City of Bremerton, and one from Bainbridge Island; and members of the Tribal Council's. There is also an alternate appointed from each jurisdiction. President Ny,qren thanked the Council for their serious study of these issues. No Council action was required on this item at this time. PUBLIC RECOGNITION Kyle Cruver presented a letter on behalf of himself and Cynthia Cruver, owners of CAF~ DESTINO, which urged the Council to reconsider the Mayor's Budget Adjustment to fund his marketing efforts. Don Larson hoped to see trees restored in Bremerton, and offered his help to install watering systems; and reiterated his request for the City to consider an underwater park. Helen Miller referred to Mr. Cruver's comments for the Council to support the Mayor's request to use $50,000 for marketing, and asked why the availability of this money was not revealed to the Council during Budget Sessions at the end of last year, and indicated that if money was available, it should be used in other areas such as the Police Department. Vivian Henderson, Kitsap Alliance of Property Owners, explained that many members of the Kitsap Alliance of Property Owners are also constituents of the Council, and introduced Tim Mathis, the new President for KAPO. Additionally, she presented each member of the Council with a copy of "The Vanishinq Automobile and Other Urban Myths - How Smart Growth Will Harm American Cities" by Randal O'Toole to assist them in learning more about "Smart Growth". Cynthia Cruver supported the Mayor's request to budget money for marketing, and hoped the City would not "pit one Department against another" for available funds. She pointed out the positive and necessary aspects of marketing that would benefit businesses as well as the entire community. COUNCIL MEMBER REPORTS Mike Short discussed the "Welcoming Reception" he attended for Captain Buss, Commanding Officer of the USS STENNIS; acknowledged Officer Peter Fisher for being selected Bremerton Police Officer of the Year for 2003; and thanked Bob Tulp for his quick response in repairing a pot hole. TAPE #1940 City Council Reg. Mtg. Minutes March 10, 2004 Page 4 of 4 Will Maupin provided a briefing of the main issues discussed while attending a conference in Washington D.C. with Council member Carol Arends, and other members of the Kitsap Transit Board. Dianne Robinson commented on the successful joint session held between the members of the Council and the Bremerton School Board; and announced that more details would soon be provided regarding an upcoming District 6 Community meeting to be held in April. Mike Shepherd discussed a recent meeting of downtown business owners, and announced another meeting would be held this Friday at 9:00 A.M. at Michael's Bookstore downtown. He also discussed his attendance at the Evergreen Neighborhood Association meeting held a few weeks ago where some "spring cleaning" and "spring planting" projects were planned. Lastly, he expressed his concern that the State Transportation Commission does not support funding for issues important to the City. Wendy Priest and Cecil McConnell had no reports this evening. Brad Gehrinq also congratulated Officer Peter Fischer for being selected as the Bremerton Police Officer of the Year for 2003; discussed his involvement with Bill McKinney and Officer Rawlins in evaluating the City's water security; and reported on his first attendance at the meetings for the CenCom Policy Board and Emergency Management Committees. Daren Nyqren thanked members of the public for coming to the meeting tonight; and encouraged anyone with children to get involved in solving the problems with Bremerton Schools. At the conclusion of regular business, the Council convened in the Conference Room for a 15- minute Executive Session to discuss PENDING LITIGATION per RCW Chapter 42.30.110(1)(i). No action was taken on this issue. With no further business, the meeting of the City Council was adjourned at 7:20 P.M. Prepared and Submitted by: LORI SMITH Legislative Assistant Attest: PAULA JOHNSTON, Interim City Clerk DAREN NYGREN, City Council President City of Bremerton DN/PJ/Is/cge DATE SUBMITTED: BILL # AGENDA BILL CITY OF BREMERTON 3 CITY COUNCIL SUBJECT: 2004 Final CDBG Committee Meeting Date: March 16th Recommendations COUNCIL MEETING Date: March 24th Department: DCD Presenter: Michelle Eichhom Phone: 473-5375 SUMMARY: The City of Bremerton has received notification from the U.S. Department of Housing and Urban Development that the City's actual 2004 Community Development Block Grant (CDBG) allocation is $631,000. The City Council previously approved awarding $800,000 ($600,000 in estimated City entitlement funds and $200,000 of CDBG program income) of the CDBG funds to activities recommended by the CDBG Citizen's Advisory Committee. Based on the Advisory Committee ratings it is recommended that the City Council award $ 4,650. to the Bremerton Foodline and $26,350. to Kitsap Community Resources's Weatherization program. ATTACIIMENTS: 2004 Recommendations FISCAL IMPACTS (Include Budgeted Amount): The only impact of non-passage is that we would be unable to allocate/reallocte the funds. Otherwise there are no impacts. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: OPERATIONS: D ~~-~_~',~2j~/ -""'l CONSENT AGENDA RECOMMENDED MOTION: I move to approve the recommendations for the additional CDBG funds as described. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action , i 3/8/2004 2004 CDBG APPLICATION PROCESS ADVISORV CITY COUNCIL ADDITIONAL HUe CITY COUNCIL AMOUNT COMMITTEE APPROVAL STAFF APPROVAL REQUESTED RECOMMENDATION 101812003 RECOMMENDATION PLANNING AND ADMINISTRATION $800,000.00 $800,000.00 $31,000.00 $831,000.00 $120,000.00 AVAILABLE " 63401 CDBG ADMINISTRATION ADMINISTRATION" $120,000.00 $120,000.00 $120,000.00 $0.00 $120,000.00 TOTAL $120,000.00 $120,000.00 $120,000.00 $0.00 $120,000.00 PUBLIC SERVICE $90,000.00 AVAILABLE .2 63402 BREMERTON FOODLlNE SALARIES $23,875.00 $16,500.00 $16,500,00 $4,650.00 $21,150.00 #3 63403 BREMERTON PARKS & REC. PLAYGROUND PROGRAM $11,000.00 $11,000.00 $11,000.00 $0.00 $11,000.00 .. 63404 BREMERTON SERVICES ASSOC. MEALS ON WHEELS $17,000.00 $13,Q(MH>O $13,000.00 $0.00 $13,000.00 .. 63405 CATHOLIC COMMUNITY SERVICES HOMELESS SUPPORT SERVICES $16,255.00 $9,000.00 $9,000.00 $0.00 $9,000.00 .. ELDER & ADULT DAY SERVICES DISABILITY SCHOLARSHIPS $18,720.00 $0.00 $0.00 $0,00 $0.00 .7 ETHNIC UNITY COALITION SENIOR COUNSELING $10,800.00 $0.00 $0.00 $0.00 $0.00 .. 63406 KITSAP COMM. RESOURCES (KCR) HOUSING COUNSELING $25,000.00 515,OCHlOO $15,000.00 $0.00 $15,000.00 #9 KITSAP SEXUAL ASSAULT COUNSELING $18,350.00 $0.00 $0.00 $0.00 $0.00 "0 LITERACY COUNCIL TRAINING $10,000.00 $000 $0.00 $0.00 $000 .11 RMH SERVICES COUNSELING $20,000.00 $0.00 $0.00 $0.00 $0.00 .,2 63407 WASHINGTON CASH BUSINESS COUNSELING $10,000.00 $9,000.00 $9,000.00 $0.00 $9,000.00 "3 63406 YMCA CHILDCARE SCHOLARSHIPS $7,500.00 $7,500.00 $7,500.00 $0.00 $7,500.00 #14 63409 YWCA LEGAL ADVOCACY PROGRAM $25,000.00 $9,000.00 $9,000.00 $0.00 $9,000.00 -J TOTAL $213,500.00 $90,000.00 $90,OCMlOO $4,650.00 $94,650.00 CAPITAL $590,000.00 AVAILABLE ',5 63410 ADMIRAL THEATRE ACQUISITION/EXPANSION $150,000.00 $75,000.00 $75,000.00 $0,00 $75,000.00 .,6 BREMERTON DED KISS N RIDE PARKING $225,000.00 $0.00 $0.00 $0.00 $0.00 .17 63411 BREMERTON PARKS ROOF REPAIR/SKYLIGHTS $50,000.00 $50,000.00 $50,000.00 $0.00 $50,000.00 .,8 63412 BREMERTON PARKS SKATEBOARD PARK $75,000.00 $75,000.00 $75,000.00 $0.00 $75,000.00 .,9 63413 BREMERTON PUBLIC WORKS ADA SIDEWALK $25,000.00 $25,000.00 $25,000.00 $0.00 $25,000.00 .20 63414 BREMERTON PUBLIC WORKS NEW SIDEWALKS $40,000.00 $40,000.00 $40,000.00 $0.00 $40,000,00 .21 63415 BREMERTON PUBLIC WORKS TRAFFIC CALMING $10,000.00 $10,000.00 $10,000.00 $0.00 $10,000.00 .22 63416 CATHOLIC COMMUNITY SERVICES MEN'S SHELTER $150,000.00 $150,000.00 $150,000.00 $0.00 $150,000.00 .23 63417 KITSAP COMM. RESOURCES (KCR) WEATHERIZATION $100,000.00 $51,000.00 $51,000.00 $26,350.00 $77,350.00 .24 63418 KITSAP HEALTH DISTRICT CONSTRUCTION/RELOCATION $114,000.00 $114,000.00 $114,000.00 $000 $114,000.00 TOTAL $939,000.00 $590,000.00 $590,000.00 $26,350.00 $616,350.00 "COMMITTED GRAND TOTAL $1,272,500.00 $800,000.00 $800,000.00 $31,000,00 $831,000.00 2004 PUBLIC SERVICE PROJECTS AMOUNT SCORE REQUESTED AWARD BREMERTON FOODLINE 106.80 $23,875.00 $16,500.00 BREMERTON SERVICES ASSOC. 100.80 $17,000.00 $13,000.00 YMCA 95.40 $7,500.00 $7,500.00 KITSAP COMMUNITY RESOURCES 92~00 $25,000.00 $15,000.00 BREMERTON PARKS/EVERGREEN PARK 91.40 $11,000.00 $11,000.00 YWCA 84.00 $25,000.00 $9,000.00 WASHINGTON CASH 80.00 $10,000.00 $9,000.00 CATHOLIC COMMUNITY SERVICES 77~40 $16,255.00 $9,000.00 LITERACY COUNCIL 76.40 $10,000.00 $0.00 RMH SERVICES 73.00 $20,000.00 $0.00 KITSAP SEXUAL ASSAULT 69.40 $18,350.00 $0.00 ELDER & ADULT DAY SERVICE 65.00 $18,720.00 $0.00 ETHNIC UNITY COALITION 52.80 $10,800.00 $0.00 $213,500.00 $90,000.00 2004 CAPITAL PROJECTS AMOUNT SCORE REQUESTED AWARD KITSAP HEALTH DISTRICT 100.60 $114,000.00 $114 000.00 BREMERTON PW-ADA 83.80 $25~000.00 $25 000.00 BREMERTON PARKS-SKATEBOARD 83.40 $75,000.00 $75 000.00 BREMERTON PARKS-ROOF REPAIR 79.60 $50,000.00 $50000.00 CATHOLIC COMMUNITY SERVICES 79.40 $150,000.00 $150 000.00 BREMERTON PW-SIDEWALKS 77.40 $40,000.00 $40 000.00 KCR WEATHERIZATION 76.20 $100,000.00 $51 000.00 ADMIRAL THEATRE 71.40 $150,000.00 $75 000.00 BREMERTON PW-TRAFFIC CALMING 62.40 $10,000.00 $10 000.00 BREMERTON DED-KISS N RIDE 60.60 $225,000.00 $0.00 $939,000.00 $590,000.00 DATE SUBMITTED: 3-1-04 BILL# AGENDA BILL CITY OF BREMERTON 3 CITY COUNCIL SUBJECT: CASAD DAM iNTAKE Committee Meeting Date: March 16, 2004 TOWER UPGRADES, CHANGE ORDER COUNCIL MEETING Date: March 24, 2004 NUMBER 3 Department: PW&U, Engineering Presenter: Michael Mecham~L~/.,~~ Phone: 473-5288 SUMMARY: Change Order Number 3 for the project titled "Casad Dam Intake Tower Upgrades" provides for field modification of aluminum handrail, installation of cathodic protection on the tower gates and additional augmention of the anchorage for the existing guide stem brackets. The work will be completed on a time and materials basis plus markup. The estimated cost of the change order is $6,984.15. ATTACHMENTS: Change Order Number 3 FISCAL IMPACTS (Include Budgeted Amount): This project is included in the 2004 budget and covered under a DWSRF loan. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: .. OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to approve Change Order Number 3 for the project titled "Casad Dam Intake Tower Upgrades" and authorize the Mayor to finalize and execute the Change Order. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action ab, Agenda Bills 2004, Casad Dam, CO 3 / [3 CITY OF BREMERTON CHANGE ORDER CONTRACT CHANGE ORDER NO: 3 PROJECT NAME: Casad Dam Intake Tower Upgrades PROJECT NO: 417 CONTRACTOR: DBM Contractors, Inc. ORIGINAL CONTRACT AMOUNT: $244,070.75 DAYS: 161 PREVIOUSLY APPROVED CHANGES: $127,383.03 DAYS: 14 THIS CHANGE: $6,984.15 DAYS: 28 REVISED CONTRACT AMOUNT: $378,437.93 DAYS: 203 This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order Items. The increase or decrease in contract price shown below includes any applicable taxes. DESCRIPTION OF CHANGES INCREASE JN (DECREASE) IN CONTRACT CONTRACT CONTRACT TIME AMOUNT AMOUNT EXTENSION ($) ($) (DAYS:) Work Change Directive #3 $1,543.85 0 0 Reinforce gate guide brackets. Additional cost not covered in Change Order #2 Work Change Directive #4 $934.77 0 8 Repair Handrail Add 2 Weather Days 0 0 2 Work Change Directive #5 $3,80443 0 0 Install galvanic protection anodes on gates and frames. Add 18 Days for delays due to material supply 18 Note: The sales tax amount also includes $160.76 from the original contract that resulted from the increase in sales tax to 8.6% on 111104, CHANGE IN CONTRACT AMOUNT $6,283.05 26 INCREASE OR (DECREASE) SUB TOTAL $6283.05 SALES TAX 8.6%+ $701.10 TOTAL $6,984.15 NET CHANGE IN CONTRACT AMOUNT Increase or {Decrease}_ $6,984.15 CONTRACT CHANGE ORDER NO: 3 PROJECT NAME: Casad Dam Intake Tower Upgrades Contractor acknowledges and accepts that this Change Order constitutes final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Change Order, including, without limitation, claims related to contract time, on-site or home office overhead, or lost profits. Nothing in this Change Order shall limit the City's right to bring a claim for past performance. The undersigned Contractor approves the foregoing Change Order as to the changes, if any, in the contract price specified for each item, including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work due to said Change Order. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Change Order shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a change order that is binding on the parties of this contract. In addition, Contractor warrants that it has or will inform the surety of this change, and shall take appropriate action to modify any bonds required under the contract to address this change. PRO, gECT ENGINEER Date RECOMMENDED: / ~//~~ ~' CITY ENGINEER / DIIS, ECTOR OF PUBLIC WORKS Date ACCEPTED: ~~0~'''''---~ F/DD~a t e CONTRACTOR/ ~/ APPROVED: MAYOR Date APPROVED AS TO FORM: ATTEST: Bremerton City Attorney City Clerk Page 2 of 2 Work Change Directive No. 3 Replace anchor bolts in stem guide brackets EWO # WCD # Date Description DBM Total 3,1 3 21-Oct-03 Stem Brackets $ 557.32 3.2 3 22-Oct-03 Stem Brackets $ 1,220.39 3.3 3 31-Oct-03 Stem Brackets $ 321.22 3.4 3 4-Nov-03 Stem Brackets $ 40680 3.5 3 24-Nov-03 Stem Brackets $ 1,749.75 36 3 25-Nov-03 Stem Brackets $ 3,823.06 3.7 3 l-Dec-03 Stem Brackets $ 3,813.09 3.8 3 2-Dec-03 Stem Brackets $ 3,993.52 3.9 3 3-Dec-03 Stem Brackets $ 4,393.54 3.10 3 4-Dec-03 Stem Brackets $ 5,244.82 3.11 3 5-Dec~03 Stem Brackets $ 3,797.97 3.12 3 8-Dec-03 Stem Brackets $ 4,275.11 3.13 3 9-Dec-03 Stem Brackets $ 4,712.09 3.14 3 10-Dec-03 Stem Brackets $ 4,038.09 3.15 3 11-Dec-03 Stem Brackets $ 4,513.44 3.16 3 12-Dec-03 Stem Brackets $ 4,527.25 317 3 15-Dec-03 Stem Brackets $ 4,051.20 3.18 3 16-Dec-03 Stem Brackets $ 4,052.51 3.19 3 17-Dec-03 Stem Brackets $ 4,319 50 320 3 18-Dec-03 Stem Brackets $ 4,275.02 3.21 3 19-Dec-03 Stem Brackets $ 4,170.41 3.22 3 22-Dec-03 Stem Brackets $ 2,183.49 3.23 3 23-Dec-03 Stem Brackets $ 4,143.87 3.24 3 24-Dec-03 Stem Brackets $ 2,123.22 3.25 3 11-Dec-03 Stem Brackets $ 315.51 3.26 3 12-Dec-03 Stem Brackets $ 73.38 3.27 3 18-Dec-03 Stem Brackets $ 27.46 3.28 3 Various Stem Brackets $ 420 82 S 81,543.85 0959 WCD No 3 EWO Summary 2~27/2004 1 of 1 CITY OF BREMERTON WORK CHANGE DIRECTIVE WCD#: Four Page 1 Of 1 PROJECT: Casad Dam Intake Tower Upgrades Project #: 417 CONTRACTOR: DBM Contractors Inc. Date: December 19, 2003 YOU ARE DIRECTED TO PROCEED PROMPTLY WITH THE FOLLOWING CHANGE(S): Modify the handrail and gate that is located in front of the bypass valve by removing a 12-inch section of handrail from the and extending the gate rail to make the gate a 36-inch gate. Aisc modify the handrail sleeves the match the revised post location. Field welding and cutting locations shall be repaired by hot stick galvanizing. ATTACHMENT(S): If a claim is made that the above change(s) have affected Contract Price or Contract Times any claim for a Change Order is based thereon will involve one or more of the following methods of determining the effect of the change(s). The Change Order will be executed in accordance with Section 1-04.4 of the WSDOT Standard Specifications, or Article 10 of the General Conditions. Method of determining change in Contract Price: Method of determining change in Contract Times: [] Unit Price [] Contractor's Records [] Lump Sum [] Engineer's Records [] Time & Materials [] Other: [] Other: Estimated increase (decrease) in Contract Price: Estimated increase (decrease) in Contract Times: $ 1,500.00 Substantial Completion: /(C~ days; If the change involves an increase, the estimated Ready for final payment: days; ~-- amount is not to be exceeded without further If the change involves an increase, the estimated times authorization, are not to be exceeded without further authorization. RECOMMENDED: AUTHORIZED: CONTRACTOR .,.'3 CITY OF BREMERTON / ab, FORMS, Work Change Directive, 3 00 ~ Date: 13.Jan-04 Project Casad Dam DBfo,-1 Job 'i0959 OBM Contractors Inc Description Modify Hanni! and Gate - (NLD "\e It 1220S.356lhSt Client: CityorBremerton Federal Way. WA. 98003 253-838-1402 DETAIL COST RECORD Q" HoL.l', RATE Extension ST OT or ST OT aT ~ LarryA.Wh,te lfonworkerSuperinlendenl 30 51,08 6957 88,07 Slj)_~4 ~ Guy Patrick Operator 44.44 6115 71.86 . RobenTampklllS Ironworker 46.61 62.38 79[) ~ ~ BlairD,bley Ironworker 46.61 62.88 79,15 ~ ~ Sub-TOlal - S\5),24- Ovcrhead Markup@200/. - nO_65 TOlalLaborCoSlS S183-B9 JOTon RTCtane Rental GroveRT.5JOE , 44,08 CircularSlaging Rental I , 12.H 20ftSlage Rental I , ;.76 20 ft5tase Rental , , 5,16 SpidcrElectricBons Rental I , 0_98 !z. SpiderEleccricBoxes Renlal , , D.n w ~ AirCompressor Rental , 3.93 3 g 16 it OlliceTrailet RCJ\1al I , 1.16 S5KWo..n5el Rental I , 9.70 F\50Piclrup OBM I , LOO SLOO Forklift Renlal I , 14.99 Sub.Tou.l - SLOO Overhead Markup@ 1'% $0.15 TOfalEqui~ment $1.15 - - less.eEnginecring $636.00 ~ " < ~ W ~ < , .163600 Sub-Tolal Overhead Markup@15% 195,40 TotnlMat..riah S731.~O - - ~ . ~ ~ Sub-Tola] Ovcrhoad Markup@'"/' - Total Sub. Subtotal 19\6..l.4 Bonds and Irlsurance LO% 1\S33 TOTAL $934.71 '959 ::;:'/-ie, 1.12"~4 ',-"iCe Nc 4 ./ \') ])]3 IV[ Extra Work Order ¢ ?5'? CONTRACTORS, INC. Proiect ~'~ ~.,,~ ~,/,4'/-~ Date.~~/~.~l~ime __Weather 1220 SO 356TH Description (must be complete) J HOURS DETAIL COST RECORD COBE S ~r o T DT TOTAL RATE EXTENSION © Labor Taxes l Fringe Benefits Travel Time Total Labor Costs o 0 0 Total Equipment Costs Sales Tax (if applicable) Tolal Material Costs LtJ 0 Total Other Costs ~,,~ ~ / /.¢./,~/~' Sub-Total Direct Costs -~3ond Insurance Taxes Contractor's Representative Sub-Total Overhead ~ ~ ¢ ~_b~onlrac~'s Represeptatwe Sub-Total ~ Owner s Representatwe Sub-Total Sales Tax No S!~ee( of TOTAL 01/03/04 13:06 FAX 12539221999 JESSE ENGINEERING L/~002 INVOICE NO : 10979 ~ESSE FABFJCkT[ON DP;. w~.COAST MACAW DIV. CAP~~H~L~GDIV. Ne~ 3~ Days JESSE VS~ CONTRACTORS, INC Sold P.O. sox s!39 S~p Itam/Oesc NeT LABOR TO SAW & WEL0: (1) RAIL $~CTION (l) BATE PER CUSTOMER R~QUEBT $36.00 TOTAL LINE ITEMS TOTAL INVOICE USS 536.g0 CITY OF BREMERTON WORK CHANGE DIRECTIVE WCD#: Five Page 1 Of 1 PROJECT: Casad Dam Intake Tower Upgrades Project #: 417 CONTRACTOR: DBM Contractors Inc. Date: January 9, 2004 YOU ARE DIRECTED TO PROCEED PROMPTLY WITH THE FOLLOWING CHANGE(S): install galvanic protection anodes each sluice gate, intake gate and on all gate frames (10 total). Divers shall install Anodes in conjunction with installation of the stems. ATTACHMENT(S): If a claim is made that the above change(s) have affected Contract Price or Contract Times any claim for a Change Order is based thereon will involve one or more of the following methods of determining the effect of the change(s). The Change Order will be executed in accordance with Section 1-044 of the WSDOT Standard Specifications, or Article 10 of the General Conditions. Method of determining change in Contract Price: Method of determining change in Contract Times: [] Unit Price [] Contractor's Records [] Lump Sum [] Engineer's Records [] Time & Materials [] Other: [] Other: Estimated increase (decrease) in Contract Price: Estimated increase (decrease) in Contract Times: $ 3,¢O4,/'1~ Substantial Completion: 0 days; If the change involves an increase, the estimated Ready for final payment: 0 days; amount is not to be exceeded without further Ifthe change involves an increase, the estimated times authorization are not to be exceeded without further authorization, RECOMMENDED: AUTHORIZED: CONTR/~-(~R ~.~ CI'FY OF BREMERTON By: By: ab FORMS Work Change Directive 3-00 Work Change Directive No. 5 Install Cathodic Protection Anodes EWO # WCD # Date Description DBM Total 5.1 5 29-Dec-03 Stem Brackets $ 377.;'6 52 5 23-Jan-04 InstatlAnodes $ 3,4;'7.17 $ 3,804.43 0959 WCD No 5 EWO Summary 2~27~2004 1 of 1 DBM F~X NO, : J6~2200991 Sound Marine Inc. 27427 139th Ave NE Axlington, WA [ nvo i C e 98223 DATE 12/29/'03 DBM Contractors 1220 S. 356th PO Box 6139 Federal Way, WA 98063-6139 INVOICE # 2229 P.O. NO. TERMS Casad Darn DESCRIPTION O'Df RATE AMOUNT anodes ' I0 30.63 306.30 anode mark up 0.15 306.30 45.95T EWO, 22 Dec I 1,939.67 1,939.67 EWO, 23 Dec 1 3,695.8I 3,695.81 EWO, 24 Dec I 1,883.40 1,883.40 Contract work, removal of stems 1 Correct on to asr nvo ce for Depth pay not added to tota[ 1 - 392.92 392.92 EWO 11/25103 $41.62 EWO 12/1 $39. i7 EWO 12/2 $68.55 EWO 12/3 $30.60 EWO 12/4 $20.76 EWO 12/8 $18.36 EWO 12/9 $29.37 EWO 12/10 $33.05 EWO 12/II $18.36 EWO 12/15 $29.38 EWO 12/16 $18.36 EWO 12/19 $45.34 O,O0 0.00 Total DATE SUBMITTED: 2/27/04 BILL # AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Supplement No. 1 to Committee Meeting Date: March 16, 2004 Professional Services Agreement COUNCIL MEETING Date: March 24, 2004 wi th EXELTECH CONSULTI NG, I NC. Department: ~ PW~U, Engineering for Permi tt ing and Design of Trunk Presen~fi~mas Knuckey Storm Sewer for C$0 Reduction Improvements Phon~: 473.2376 in the Pacific Avenue Basin SUMMARY: The City is required to complete Combined Sewer Overflow (CSO) Reduction Improvements in the Pacific Avenue Basin by 2007. A major component of the work is installation of a large trunk sewer to convey stonnwater f~om the western half of the basin to the existing outfall at the Ferry Terminal. This Supplemental Agreement No. 1 adds scope and budget to the Professional Services Agreement with Exeltech Consulting, Inc., to allow integration of the permitting and design of the trunk storm sewer and other appurtenant system modifications into the Downtown Pedestrian/BTC Access Improvements project. ATTACHMENTS: Site Plan; Supplemental Agreement No. 1 FISCAL IMPACTS (Include Budgeted Amount): Maximum amount payable for the CSO Reduction Component is $345,285.99, amending the contract maximum amount payable to $4,270,977.99. This work is included in the 2004 budget - the project is funded by an EPA Grant, and a Public Works Trust Fund Loan. A s: DEPARTMENT DIRECTOR: FINANCE DIRECTOR: ~~~ ~--~ MAYOR: OPERATIONS: ~ }' ¥f74~. ~_~!~ COUNCIL PRESIDENT: . ~ ,:; ,./,1~;~.?//.<; ,. ,z lA I. /, RECOMMENDED MOTION: Move to approve Supplemental Agreement No. 1 to the existing Professional Services Agreement with Exeltech Consulting, Inc. and authorize the Mayor to finalize and execute the necessary contract documents for the agreement. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action ab, Agenda Bills 2004, Supp I PSA Design Downtown Ped Access Imp Permitting Design Trunk Storm Sewer Ir---::i-- l ---';::::: t:= r\ -s \::=::- \"" \ , ' ," c.-.' ,~t=. r' -.' ~ . I,t ,.. \- c.-. ,'- ~i\ _\ \'111\1\""'" i t= ,c c' [:. iii 1 ,0" ~ J. ....1 \, I' c. c...'5' toe _e' \.. .~ ,,' ~ ::='L ,_\ ,.., ~ - Co' ,c , - " ,.. , ..' .L.. ,." .~, \ .' L. . 'c.o' 'L- 'c~Tm" ' ," L \'" c... <[..... ---" ~ ~Lill31fJ1:== \::,1 ~ "r~....Jf[][lJ':C 1 'II, -:: t+-1 oc~ ,eL.. I. leJI to.: \' -r" -"' II"" I ~'rI'" .. ,.". J--" ~ " 1'1111,;:r <IT I'" lc::IliF '. I \ il "T'f\i'~ ,. ~r If-' L..- " ' ' T' ",," ~ rj II c/ -J '. 1 1.' ~~ r'~ .,.J ;7~~~\ mrfl.\I\ try 1'--= .. ," ." 'oo 1 ' _ \] ~~-L. ~e--- " CCR .t'1~ 5.0 \ -\ II \ :P .Ft ~ '" _ R ?\l'C W lG J, ---'" I -\C ;t-' \__ . If -- STOftMSYS'fE",e.,Il,SU4BOUNtI,(o.RY a? 1 TIT' -_Or"~ ' · . \ <;)f- ~ ~ "., ,0'''' "",-' n~-!-' · --- .. ' " _ ' CO' ,0.,.0 I '( :P"'" "" ~ .-BVRI{IIf~L S FI" . - PLo..,c,..""e,"".""". o -,' .""., \ 12' "" , ~ li _ ., ,,' ~ ' ,~, - ;Co 7 ...----- --- '9!, ,coO' ,oeN' "^'" ,~"'''"" j I------ 1----<. [ I · o'JERfI-O"" STR.llCTURE.Of.\& ~ '0"'" ",u.c. ?" f-- " r / !D"~ p ""10.'- . .. .-" ~. ~ .'''' ' , ~ ill.' ,.. ...----- ,-~ \ ",,,. 5Jllld I, L "'.. "'j'o~ ^, U~ ,<<0 1;1, 00 :/\. 1 'L. " " , . ~ . - " . ,~. '. .".~... ..-. -' ~ ,.. '," _.,,~~ - " ~ ,,' ," _, ' "' . l:iR Cli'/' Of BRENlERTON JULY 2' ,. . _ ",,_, "' . ( "C,e< ,,"'UEO"" r= y, ..-"' . -~~' ..-,"""'" ,~ ~,( __'" ,~_ ""re'~ "", ,- """.'-" ,.. SUPPLEMENTAL AGREEMENT # 1 Project No.: HP1998(029) Agency: City of Bremerton Name of Project: Downtown Pedestrian/Bremerton Transportation Center Access Improvements City Contract No.: 1122 New Maximum Amount Payable: $4,270,977.99 The City of Bremerton (City) and Exeltech Consulting, Inc., (Consultant) desire to supplement the standard Consultant Agreement executed on August 14, 2003. All provisions in the Agreement remain in effect except as expressly modified in this Supplemental Agreement as follows: I. Section II, SCOPE OF WORK, shall be amended as follows: The Scope of Work shall be supplemented to include Permitting and Design of Trunk Storm Sewer in Conjunction with Ferry Tunnel or Surface Street Improvement Construction per the attached Exhibit B-lA. Attached Exhibit B-2a (Task Order Agreement) replaces Exhibit B-2 (Task Order Agreement). II. Section IV, TIME FOR BEGINNING AND COMPLETION, remains the same. III. Section V, PAYMENT, shall be amended as follows: Payment shall continue to be cost plus fixed fee. Maximum additional payment for Phase 5 (Tunnel Option) will be $288,740.29, amending the maximum total project payment to $4,214,432.29. If the surface option is chosen following the Environmental Assessment, Phase 5 will be increased to $345,285.99, and the maximum total payment amount will be $4,270,977.99, as set forth in the attached Summary of Payments, (Exhibit A.) Project phase budgets are set forth in the attached Budget Summary (Exhibit C) which replaces the Budget Summary dated 9/22/03. Attached Exhibit D-la (Consultant Fee Determination) replaces Exhibit D-1 (Consultant Fee Determination.) Attached Exhibit Ga (Subcontracted Work) replaces Exhibit G (Subcontracted Work.) Attached Exhibits G-la (Sub-consultant Fee Determination for Shannon & Wilson, NW Arch. Assoc., Demich Consulting, and David Evans & Assoc.) replace Exhibits G-1 for same sub- consultants. IN WITNESS WHEREOF, the parties have executed this supplement and agree to the changes as stated above as of this day of ,2004. Exeltech Consulting, Inc City of Bremerton Santosh J. Kuruvilla Cary Bozeman, Mayor Date: Date: DEPARTMENTAL APPROVAL: W. Eugene Sampley, Director of Public Works and Utilities RECEIVED FOR FILING: APPROVED AS TO FORM: Paula Johnston, City Clerk Roger Lubovich City Attorney Exhibit "A" Summary of Payments Basic Agreement Supplement #1 Total Direct Salary Cost $1,478,841.57 $96,358.18 $I ,575,199.75 Overhead $1,917,895.94 $135,759.40 $2,053,655.34 _(Inclu_din~yroll Additives) Direct Non-Salary Costs $124,918.14 $7,404.98 $132,323.12 Fixed Fee $355,778.26 $24,2'17.73 $379,995.99 Total Amount Authorized $3,877,433.91 $263,740.29 $4,141,174.20 -~-~'em ent Contingency $48,258.09 .... $48,258.09 Reserve Fund (Phasers..!.-_ 4) Management Contingency --- $25,000.00 $25,000.00 Reserve Fund (Phase 5) Phase 5 Surface Option ..... $56,545.70 $56,545.70 Management Reserve Fund Maximum Amount Payable $3,925,692.00 $345,285.99 $4,270,977.99 DOT Form 140-063 EF Revised 10/97 Exhibit B-lA Scope of Services City of Bremerton Permitting and Design of Trunk Storm Sewer, in Conjunction with Ferry Tunnel or Surface Street Xmprovement Construction. Supplement Number 1 to Exeltech Contract No. 0324, Downtown Pedestrian/Bremerton Transportation Center Access Improvements (Also referred to as "Phase 5" of the contract) 2/10/2004 1 B-lA of Services Table of Contents City of Bremerb)n Scope of Services for PermitlJng and Design of Trunk Storm Sewer, conjunction with Ferry Tunnel or Surface Street Tmprovement Conslx~ctJon. Supplement Number 1 to Exeltech Contract No. 0324, Downtown Bremerton Pedestrian/Bremerton Transportation Center Access Improvements (Also referred to as "Phase 5" of the contract.) 5101 Project Background 5102 Project Logistics 5103 Collection of Available Data 5104 General Assumptions PROc]ECT HANAGEI43~T 5201 Project Hanagement Guide 5202 Honthly Progress Reports 5203 Project Schedule Report 5204 CoordinaUon N EPA/SEPA/SERP ENVZRONF4ENTAL ANALYS~S 5302 Public Heetings 5302 Biological Assessment 5303 Cultural Resources Report 5304 TrJbal/SflPO Consultation 5305 Prepare Preliminary Environmental Assessment 5306 Preliminary EA Review and Revision 5307 Final EA Preparation 5308 FONS~ Approval by EPA 5309 SERP/SEPA Adoption of NEPA FONS~ by Ecology 5310 Prepare and Coordinate Proparation of Permit Applications PRELD4TNARY DESZGN 15% 5401 Basis of Design Report 5402 Preliminary Design Deliverables 5403 Geotechnical Report Addendum 5404 Right of Way Review 5405 Preliminary CQst Estimates F~NAL STORH SEWER S~b: r. r4 DESZGN AHD PS&E (SURFAC~ OPTE~N) 5S01A Desc~ption of Work 5502A Final Design and PS&E Deliverables 5503A Spedfications 5504A Cost Estimate F~NAL STORN SEWER St'b: r~4 DESIGN AND PS&E CnJNNEL ~ 5501B Description of Work 5502B Final Design and PS&E Deliverables 5503B SpecificatJoos 5504B Cost Estimate 2/10/2004 2 Exhibit ~iA Scope of Services 5600. GONSIRUCTZON SUPPORT SERVICES 5601 Assist City in Contract Award 5602 Preconstruction Conference 5603 Attend Weekly CoordinaUon Heetings 5604 Prepare As-Built Drawings 5605 Review Contractor Submittals 5606 Review Coha~,-~ction Methods and Procedures 5607 Clarification of Contract Drawings S700A. QUAL_t'~ ASSURANCE/I~IUAL[TY CONTROL (SURFACE OI, i AON) 5701.A Zntra-Znter Discipline ~C Review 5702A CalculaUons ~ Review 5703A Drawings ~ Review 5704A SpeciflcaUons ~ Review 5705A Opinion of Probable Con~ruc'Uon ~ ~ Review 5706A Document/Tedmical Reports ~ Review 5707A Cor,=,~ .~cUon Administration (~C Review 5708A Constructability Review 5700B. ~ ASSURANCE/(~JALTTTy GONTROL (TUNNEL. OPTZON) 5701.B Zntra-Znter Discipline ~ Review 5702B Calculations ~IC Review 5703B Drawings ~C Review 5704B Specifications ~IC Review 5705B Opinion of Probable Construction Cost ~ Review 5706B Document/Technical Reports ~ Review 5707B Construction Admini=;,=~ion ~IC Review 5708B Const,,~ctability Review 2/10/2004 3 Exhibit B-lA Scope of Services Scope of Services for Penni tUng and Design of Trunk Storm Sewer, in conjuncUon with Ferry Tunnel or Surface Street Zmprovement Construction. Supplement Number ! to Exeltech Contra~ No. 0324, Downtown Bremerton Pedestrian/Bremer~on Transportation Center Access Improvements (Also referred to as "Phase 5' of the contract.) 5100. SC~)PE AND BUDGET 5101 Project Background The report and plans preparation work under this agreement consists of preparing an Environmental Assessment to support the Trunk Storm Sewer and the collection Storm Sewer portions of "Amendment to the 2000 CSO Reduction Plan Update" Report by HDR Engineering, Inc. dated August ~_4, 2003. The agreement additionally consists of preparing a Basis of Design Report, Geotechnical Report Addendum, Preliminary Plans, and Final Plans, Specifications and Estimates (P.S. & E.) to support the City of Bremerton's Trunk Storm Sewer Plan as outlined in the "Amendment to the 2000 CSO Reduction Plan Update" Report. 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. The "Amendment to the 2000 CSO Reduction Plan Update" report by HDR recommends various Stormwater improvements for the Pacific Avenue Basin to reduce CSOs (Combined Sewer Overflows) to one event per year as required by the State of Washington. These improvements include rerouting of flows, separation of inflow sources from right-of-way, commercial, and residential area connections, and the removal of point infiltration sources. The CSO Reduction Plan further recommends overflow monitoring modifications to prevent cross flow of storm water into the combined sewer and false recording of CSO events by recommending 4 options for storm sewer conveyance and disposal. Specifically, HDR's Option 4 recommends the connection of the Park Avenue System to the Pacific Avenue System. This project involves the detailed design and environmental permitting for two of the sub options of HDR's Option 4, Option 4b and Option 4c. Option 4b is the construction of a gravity sewer in conjunction with the ferry tunnel construction, and Option 4c is the construction of the gravity sewer in conjunction with the surface street improvement construction using trenchless technology. This project is on a similar schedule as the Pedestrian Access Improvements Tunnel/Surface Street project and is scheduled to be permitted, designed and built in conjunction with that project. A major goal of the Pedestrian Access Improvements Tunnel project is completion as early as possible, targeting open-to-traffic in fall to winter of 2005. This project anticipates using one (1) combined construction contract to cons~'uct the Trunk Storm Sewer in conjunction with the Pedestrian Access Improvements Tunnel/Surface Improvement Contract. It is anticipated that the Construction Contract work will include demolition, replacement of storm sewer sections, installation of new gravity sewer section (using either open cut method in conjunction with the Pedestrian Access Improvements Tunnel excavation or trenchless technology in conjunction with the surface option of the Pedestrian Access Improvements Project), installation of Ferry Terminal Stormwater treatment system, dewatering, landscaping, and other work necessary to provide a completed project as described herein. Several deliverables for the permitting and design of this project are also required for the Tunnel/Surface Street project, such as geotechnical recommendations, right of way issues, etc. This project scope will include only those items that are outside of the Tunnel/Surface Street Option project scope. The Consultant will maximize re-use of all documents and deliverables. The City will provide overall direction for the Project. The Consultant shall accomplish work 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 2/10/2004 4 Exhibit E~.A Scope of Services the most cost effective and appropriate project. When alternates are being considered, the Cib/will have the right of selection. 5~.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. 5103 Collection of Available Data Upon receipt of notice-to-proceed, the Consultant shall initiate the Project related activities as follows: A. Review pertinent information and technical data generated and provided to date by the City and other agencies. B. Assemble Project data available and identi~ 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, if required. H. Other agency public information data assembly and procedures. 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 AWWA, APWA, and AASHTO Guidelines, City of Bremerton Public Works Design Standard, and NPDES Permit regulations and EPA guidelines. These standards will include design criteria for pipes associated with Trunk Storm Sewer work. Data collection items to be provided by the City will include (as available): A. As-Built Or As-Designated Utility Plans including Sanitary and Storm Sewer Plans B. City Sewer Standards C. City Street Standards D. Traffic Data E. Downtown Redevelopment Design And Criteria Standards F. Maintenance Data On-Site Problems G. Right-Of-Way Mapping H. Existing Survey Control Data I. Existing Environmental Documents 3. Environmental Data K~ City-owned utility routing. L. Design plans for retaining wall(s) parallel to Burwell and Pacific 1'4. Other Pertinent Project Data As May Be Available Data collection items beyond information needed for the tunnel/surface street improvements project, which will be requested by the Consultant from other agencies, may 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 211012004 5 Exhibit B-lA Scope of Services E. Environmental Data F. Other Pertinent Project Data As May Be Available G. WSDOT Ferry Terminal utilities routings 5104 General AseumpUons on Which This Scope of Work Zs Based This Scope of Work is based on Project Background, Analysis of Pacific Avenue Work, Combined Sewer System Alternatives, Storm Sewer System Alternativesf and the Conclusions and Recommendations of "Amendment to the 2000 CSO Reduction Plan Update" Report by HDR Engineering, Inc. dated August 14, 2003. This Project focuses strictly on Options 4b and 4c of this aforementioned report. These options will serve as the baseline for development of the design and environmental analysis and documentation for this Project. Any consideration of option 4d is strictly for the purposes of the alternatives evaluation in the environmental process. Other General Assumptions include: A. This project is limited to trunk sewer conveyance improvements of the stormwater system in the Pacific Avenue Basin. B. Storm sewer collection system improvements are not included in this scope of work, except for the work involved with the Environmental Assessment, which will include analysis of the trunk line and collector system, and the improvements on Burwell Street and Park Avenue as outlined in Options 4b and 4<:. C. In HDR's option 4b the New Gravity Sewer will be constructed utilizing the same open cut excavation as for the Pedestrian Access Improvements Tunnel. D. In HDR's option 4c the New Gravity Sewer will be constructed utilizing the microtunneling trenchless technology method. Other trenchless technology such as jack and bore, and open face pipejacking shall be considered during the preliminary design evaluation and cost estimating process for the selection and cost comparison of trenchless technology. E. No Right of Way (ROW) costs included for development of acquisition plans. F. Alignment nominally follows existing streets (may require minimal Right of Way acquisition or easement) G. No Groundwater/soil liquefaction issues H. No allowances for art/artists I. One (1) combined Construction contract approach for the Tunnel/Surface Street Option work and the Trunk Storm Sewer work- completion 12/05. 3. Hazardous materials will not be found. Schedule delays outside of Consultant control may increase project cost. L. NEPA compliance will be an Environmental Assessment (EA). SEPA and SERP compliance will be NEPA FONSI Adoption. M. An EIS will not be required. N. Timely payment of invoices. O. 1st St, Pacific Ave &, Burwell St construction area can be closed to through traffic - local access possible if Navy clears Pacific and allows temporary use. Ferry traffic will be maintained. P. Final acceptance authority during construction resides with City of Bremerton. (Consultant provides only construction support and no construction management or administration) Q. Consultant will use AutoCAD Software for plan preparation. R. City to provide available data needs necessary to conduct the design and environmental studies. S. Project records, base maps, cost estimates, design drawings, calculations and all other pertinent materials developed for "Amendment to the 2000 CSO Reduction Plan Update" Report by HDR Engineering, Inc. dated August 14-, 2003 are generally accurate and will be made available to the consultant. T. Design plans for the retaining walls separating the PSNS from Burwell and Pacific are available, and subsurface investigations are not necessary to determine the walls' as-built type, size and location. U. All plans and documents will be based on English Units of measurement. V. Project is funded by a single funding source. 211012004 6 Exhibit B-lA Scope of Services 5200. I~O,1ECr t4ANAGE~ 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. 5201 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 Management. Deliverables: 1. Project Management Guide A. Project Plan B. Directory C. Budget Baseline D. Schedule Baseline E. Scope Baseline F. Deliverables Log G. Communications Plan H. Change Control Plan CADD Management Plan _1. Project Closeout Plan K. Other Tools and Forms 1. Schedule- Monthly Updates 2. Budget Tracking (task and deliverables log) 3. Meeting Minutes Documentation 4. Documentation Management Log 5. Action Item Log 6. Project Archival Records 7. Subconsultant Monthly Progress Reports and Invoices 8. ~lonthly Progress Report Format 9. Monthly Invoice Format 5202 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. Deliverable: I~lonthly progress report 5203 Project Schedule Report The consultant shall augment the Downtown Bremerton Pedestrian/BTC Access Improvements project schedule, which 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 5th working day of each month for the previous month's activities. The Consultant shall make these reports available in electronic format. Deliverable: I~lonthly schedule report 2/10/2004 7 Exhibit B-lA Scope of Services 5104 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 hold 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 local individuals or groups as requested. The Consultant shall also provide briefings or assist in briefings to the local governmental councils as required. Deliverable: Monthly meeting minutes 5300 NEPA/SEPA/SERP ENVZRONMENTAL ANALYS/S Several work tasks including meetings and documents are required for this pro.iect that are also required for the Downtown Bremerton Pedestrian/BTC Access Improvements project. Consultant will make every effort to combine tasks and re-use deliverables with the Tunnel/Surface Street project to maximum extent possible to minimize cost of the work. 5301 Public Heetings 5301.1 Alternatives Review Public IqeetJng Prepare materials, notices, and questionnaires for meeting along with a summary of comments received. No scope or budget provided for this task. Any work requested for this task will be considered extTa work and will require additional scope and budget. 5301,2 Public Hearing Prior to finalization of the Environmental Assessment, participate with the City in conducting a public hearing on the project before the Bremerton City Council. In cooperation with the City, prepare materials, notices, questionnaires, and summary of comments received. Assumptions: 1. Public hearing to be combined with Downtown Bremerton Pedestrian/Bremerton Transportation Center Access Improvements project public hearing. 2. City to advertise meeting 45 days prior to public hearing 3. CSO information will be combined with Downtown Pedestrian/BTC Access improvements Project handouts. 4. City to provide CSO Facilities Plan for public review Deliverables: 1. Prepare public notice 2, Summary of comments received from the public 5502 Oiolngical As~ea~rnent Prepare a Biological Assessment and required consultation under Section 7 of the Endangered Species Act following guidance supplied by the Environmental Protection Agency, US Fish and Wildlife Service and NOAA Fisheries. Assumptions: 1. Analysis will be based on the City selecting a preferred alternative. 2, Project area is located within 300 feet of the Sinclair Inlet shoreline. 2/10/2004 8 Exhibit B-lA Scope of Services 3. Will assess the collector and trunk line areas. 4. Informal consultation will be conducted with USFWS and NOAA Fisheries (one meeting maximum). 5. Maximum of one review and revision of Biological Assessment Deliverable: Biological Assessment, approved by NEPA lead agent7 5303 Cultural Resources Report The Cultural Resources analysis shall be conducted that includes all areas with the collector and trunk line system, and the analysis will include coordination, research, field survey, and report preparation. The report will be included as an addendum to the Downtown Bremerton Pedestrian/BTC Access improvements Project Cultural Resources Report. Assumptions: 1. The APE (Area of Potential Effect) will include all streets in the Pacific Avenue Basin that contribute to the CSO. 2. The report will comply with Section 106 of the National Historic Preservation Act. 3. No recordation of cultural resources and historic structures will be required. 4. Pedestrian Access/BTC literature and field analysis will be used as the baseline for this project. 5. A full Cultural Resources Report will not be required and an Addendum will be prepared. Deliverable: An addendum to the Downtown Bremerton Pedestrian/BTC Access Improvements Project Cultural Resources Report. 5304 Tribal/SHPO ConsultaUon Consultation with the Suquamish Tribe and Office of Archaeology and Historic Preservation will occur as an integral element of the Section 106 consultation process. Issues of each will be identified and incorporated into the design and evaluation of the project. Assumptions: One meeting with the Tribe, coordinated with the Downtown Bremerton Pedestrian/BTC Access ]Improvements Project. Deliverable: Written summary of any meetings conducted with the Tribe and SHPO. 5305 Prepare Preliminary Environmental As~pc~rnent 5305.1 Chapter 1- Zntreduction Research and write the first chapter of the EA that includes Project Identification data, Median Family Income, Low [ncome/Poverty [ncome of Service and Purpose and Need of the project. Assumptions: 1. Tntroduction information will be referenced from "Amendment to the 2000 CSO Reduction Plan Update" and Callow Avenue Basin CSO EA. 2. No new analysis or research will be required. 5305.2 Chapter 2 - Evaluation of Alternatives Based on the Pacific Ave Basin Pre-Design Report, Amendment to the 2000 C$0 Reduction Plan Update, and Basis of Design Report (Task 401), the project description of the trunk line alternatives and collector system will be prepared for inclusion in the Environmental Assessment. Assumptions: 1. Alternatives analysis data will be based on the Basis of Design Report (Task 401) 2. Trunk alternatives will include open cut and trenchless technology (based on 2/10/2004 9 Exhibit B-lA Scope of Services Downtown Bremerton Pedestrian/BTC Access Improvements Project alternatives) 3. One collector system alternative will be analyzed in the EA. 5305.3 Chapter 3 - Description of Existing (Baseline) Environment Research and write a description of the Study Area including baseline environmental conditions for all elements of the environment, Unique Areas, and Population and Land Use. Assumptions: 1. Elements of the environment to be addressed will follow "Environmental Assessment Guidelines: A Step by Step Process for Developing Draft Environmental Assessments for EPA Special Appropriation Act Projects". 2. Will include collector and trunk line geographic areas. 3. Amendment to the 2000 (:SO Reduction Plan Update, Callow Avenue Basin CSO EA, Downtown Pedestrian/Bremerton Transportation Center studies, and updated Downtown Land Use Plan will be used as a reference. 5305,4 Chapter 4 - Environmental Effects of Alternatives This chapter will describe the predicted environmental effects of the various alternatives described in Chapter 2. Effects will be based on the evaluation of impacts on the elements of the environment described in Chapter 3. Additional impacts to be addressed in this chapter include Socio-economic impacts, indirect and cumulative impacts, compliance with Environmental Laws and Executive Orders, Irreversible and irretrievable Commitment of Resources, and Short-Term Use of the Environment vs. Maintenance of Long-Term Productivity. Assumptions: 1. City to provide costs for impacts on households, plans for financing, proposed measures to ease the financial burden to those least able to pay (e.g. Iow income, senior citizens, etc.). 2. Impacts analysis will be limited to two build trunk line alternatives, one collector system alternative, and a no build alternative. 3. Amendment to the 2000 CSO Reduction Plan Update, Callow Avenue Basin CSO EA, and Downtown Bremerton Pedestrian/BTC studies will be used as a reference. 5305.5 Chapter 5 - Seeps to Minimize Environmental Impacts This chapter will include specific activities which will be proposed to reduce environmental impacts of the project alternatives. Additional elements of this chapter include Policy and Legal Constraints and Conformance with State Implementation Plans for Air Quality. Assumptions: 1. Consultant will contact the Puget Sound Regional Council, and Air Pollution Control Agency to obtain concurrence with EPA's conformity determination. 2. Alternatives will include two trunk line alternatives, one collector system alternative, and a no build alternative. 3. Amendment to the 2000 CSO Reduction Plan Update, Callow Avenue Basin CSO EA, and Downtown Bremerton Pedestrian/BTC studies will be used as a reference. 5305.6 Chapter 6 - Public Participation Summary of the public participation program described in Task 301 of this scope of work will be included in this chapter. 5305,7 Chapter 7 - Documentation 2/10/2004 10 Exhibit B-lA Scope of Services This chapter will include references to all material used to prepare the EA, including Technical Hemorandums and reports, CSO Facilities Plan and other pertinent reference materials. 5305.8 Chapter 8 - Findings of Impacts This chapter will describe the process for concluding the level of project impacts. Zt will provide supporting reasons for determining whether a Finding of No Significant [mpact (FONST) or an Environmental impact Statement (ETS) is necessary. Assumption: An EIS will not be required to be prepared for this scope of work. 5305,9 Chapter 9 - Appendices The EA will include appropriate supporting documentation to aid in the review of the proposed project and associated impacts and mitigation strategies. The appendices will include: :L. Haps of project area, land use soils, and hydrologic conditions. 2. Hailing list of adjacent property owners and public meeting attendees. 3. Comparative Table of Alternatives. 4. Cost Analysis of Proposed Project 5. Consultation and Coordination with Other State and Federal Agencies. 6. Section 106 Consultation documentation, including Hemorandum of Agreement, if applicable. 7. Biological Assessment, including Essential Fish Habitat evaluation. Assumptions: 1. City to provide digital copies of relevant maps to be used in producing references for the EA. 2. Amendment to the 2000 CSO Reduction Plan Update, Callow Avenue Basin CSO EA, and Downtown Bremerton Pedestrian/BTC studies will be used as a reference for appendices. 3. City to provide mailing list for inclusion in the EA. 5306 Preliminary EA Review and Revision Upon completion of the Preliminary EA, submit to the City for review and follow-up submittal to the Department of Ecology for review and compliance with 40 CFR Part 6. Assumptions: 1. Two rounds of revisions will be provided, one following City review and another following Ecology review. 2. 20 figures or graphics. 3. One meeting with Washington Department of Ecology. Deliverable: Preliminary EA (Four copies for each round of review) 5307 Final EA Preparation After submittal and review of EA by the City and Ecology, prepare final EA for EPA approval. Assumption: One revision of the EA as a result of EPA's review. Deliverable: Six (6) copies of the EA for formal submittal to EPA and Ecology by the City. 5308 FONSZ Approval by EPA Prepare Finding of No Significant Impact (FONS]) for approval by Ecology and signature by EPA. No scope or budget provided for this task. Any work requested for this task will be considered extra work and will require additional scope and budget. 2/10/2004 Exhibit B-~.A Scope of Services 5309 SERP/SEPA Adopt]on of NEPA FONS~ by Ecology After issuance of the FONS! by EPA, prepare draft SEPA adoption. The Department of Ecology will adopt the FONSI for compliance with the State Environmental Policy Act. City will use the Ecology approval for proceeding with final design and construction of the project. No scope or budget provided for this task. Any work requested for this task will be considered extra work and will roquire additional scope and budget. 5310 Prepare and Coordinate Preparation of Permit Applications Prepare permit applications and coordinate permit application process with the City being the signatory authority for the applications. Assumptions: 1. Permits required include: Shoreline Substantial Development; NPDES. 2. No Corps of Engineers Section 404 or Section ~.0 Permit will be required. 3. No other federal permit will be required. 4. iVlaximum of two consultation meetings with agencies. Deliverables: 1. ]ARPA application 2. NPDES application 5400 PRELTt4ZNARY DESIGN 15% 5401 Basis of Design Report The Basis of Design Report is a formal documentation of design considerations and will be prepared concurrent with the EA. The Basis of Design Report documents the recommendations of the "Amendment to the 2000 CSO Reduction Plan Update" specifically for HDR's Option 4b, Trunk Storm Sewer in conjunction with Tunnel construction, and HDR's Option 4c, Trunk Sewer without Ferry Tunnel construction using trenchless technology. The basis of Design Report with updated code and design criteria, any refinements to the preferred alternate, and, after review and concurrence by the City, will provide the basis for the approved design. The Basis of Design Report is instrumental in preparation of the PS&E. The Basis of Design Report must receive concurrence from the City prior to beginning work on the final PS&E. The Consultant shall review the recommended storm sewer system concept identified in "Amendment to the 2000 CSO Reduction Plan Update" as the preferred alternative in the Draft Design Record, confirm hydraulic calculations and pipe sizes, confirm trunk sewer location relative to tunnel construction, confirm boring and retrieval pit locations as needed to produce the preliminary 15% designs and drawings in Section 402. Assumptions: 1. It is generally assumed that the Trunk Storm Sewer work as recommended in the "Amendment to the 2000 CSO Reduction Plan Update" will be limited to: a. Park Avenue System Storm Sewer Sections south of 4th Street b. New Gravity Connection Sewer Section along Burwell St between Park Ave and Pacific Ave, along Pacific Ave south of Burwell St and 1st St c. New Ferry Terminal Stormwater Conveyance System. 2. Storm Sewer Alternatives consideration will be limited to Option 4, Connect Park Avenue System to Pacific Avenue System, specifically, Option 4b - Gravity Sewer in conjunction with ferry tunnel construction and Option 4 c - Gravity Sewer assuming no ferry tunnel construction (trenchless technology). 3. Consideration and evaluation of Options l, 2, 3, 4a, and 4d will be beyond the scope of this work. 4. It is generally assumed that the design work, calculations and recommendations provided in the "Amendment to the 2000 CSO Reduction Plan Update" is accurate and 2/10/2004 12 Exhibit B-lA Scope of Services viable, and Consultants work under this scope of work is limited to confirmation of design calculations and recommendations. 5. Existing overflow structures and outfalls in the Pacific Avenue Conveyance System are adequate and will not need to be modified or upgraded. Deliverables: 1. Basis of Design Report a. Conceptual layout and schematics of Trunk Storm Sewer 2. Preliminary Opinion of Probable Cost from Task 5405 5402 Preliminary Design Deliverables The horizontal layout and vertical profile for the storm sewer system are to be developed to such detail that horizontal and vertical clearances, and connections can be reasonably checked, pipe and utility conflicts identified and R/W requirements accurately estimated for both the Surface Option and the Tunnel Option. These plans shall be developed in a manner consistent with design criteria established in the Basis of Design Report. Corresponding horizontal layout and vertical profiles will be shown on the same sheet. Assumptions: 1. It is generally assumed that the trunk storm sewer system design will be based on the recommendations of the Basis of Design Report and limited to: a. Replacement Park Avenue System Storm Sewer Sections b. New Gravity Connection Sewer Section along Burwell St. between Park and Pacific Ave, along Pacific between Burwell and 1st, and along 1st St installed as part of the tunnel construction utilizing open cut method or as par~ of the surface street option using trenchless technology c. New Ferry Terminal Stormwater Conveyance System as defined in the report. Deliverables: 1. Preliminary Layout & Profile Sheets (Surface Option) a. Preliminary layout and schematics of Trunk Storm Sewer Improvements b. Assumes ten (10) preliminary layout and profile sheets c. Assumes five (5) preliminary sections and detail sheets 2. Preliminary Layout & Profile Sheets (Tunnel Option) a. Preliminary layout and schematics of Trunk Storm Sewer Improvements b. Assumes ten (10) preliminary layout and profile sheets c. Assumes two (2) preliminary sections and detail sheets 3. Refined Preliminary Opinion of Probable Cost from Task 5405 (Surface option) 4. Refined Preliminary Opinion of Probable Cost from Task 5405 (Tunnel option) 5403 Geotechnical Report Addendum Geotechnical engineering studies will be performed to develop geotechnical recommendations for preliminary design of this project. Maximum use shall be made of existing soils information and the field explorations and engineering studies. Available geologic studies by others and previous City studies shall be reviewed. Geotechnical Engineering Studies: Based on the geometric and conceptual design information for the "Amendment to the 2000 CSO Reduction Plan Update" Report and the subsurface soil and groundwater conditions encountered, geotechnical recommendations will be developed for preliminary and final design of option 4, specifically, option 4b - gravity sewer option in conjunction with ferry tunnel construction, and option 4c - gravity sewer option assuming no ferry tunnel construction using trenchless technology such as microtunneling, jack and bore, and open face pipe jacking. Studies for this project will be performed in conjunction with the Pedestrian Access Improvements Tunnel project, and will include: A. Evaluate suitable shoring systems and develop recommendations for excavation. B. Provide groundwater control recommendations, if necessary. 2/10/2004 13 Exhibit B-lA Scope of Services C. Develop geotechnical construction considerations for proposed installation. Geotechnical Report Addendum: Prepare an addendum to the draft and final geotechnical report for the Pedestrian Access Improvements Tunnel project presenting the results of the field explorations and laboratory testing, generalized subsurface profile, engineering studies and geotechnical recommendations for the storm sewer system construction. The addendum will be submitted as draft for review and will be finalized during the PS&E phase. The report will include the following: A. Summary of Work Performed B. Site and Project Description C. Results of Current and Previous Field Explorations relevant to storm sewer system construction D. Results of Current and Previous Laboratory Testing relevant to storm sewer system construction E. Subsurface Description and Recommended Design Soil Parameters F. Geotechnical Design Recommendations G. Geotechnical Design Recommendations for trenchless technology, namely, microtunneling, jack and bore, and open face pipejacking H. Construction Considerations Assumptions: 1. The Project Team will provide preliminary design information (including maps, sewer alignments, proposed project features, structural information, etc.) to Shannon & Wilson. 2. No additional field exploration, groundwater monitoring and laboratory testing will have to be performed specifically for this project. It is assumed that all of the field exploration, groundwater monitoring and laboratory testing work performed for the Ferry Tunnel Project will be adequate for this project. 3. 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. Deliverable: Geotechnical Report Addendum 5404 Right of Way Review The Consultant will establish the proposed right-of-way needs for the storm sewer system in conjunction with the Ferry Tunnel Project 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 acquisition. 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 will incorporate the appropriate right-of-way information in the contract documents. 5405 ~Yeliminary Cost Estimates Preliminary opinion of probable costs will be prepared for both the surface option (option 4c) and the tunnel option (option 4b). 2/10/2004 14 Exhibit B-lA Scope of Services 5500 F'~N~. ~'EO~J~ SEWER S~-'~M DESXGN ~ RS&F The City w(U issue written authorization for Consultant to proceed with either task Series S500A OF 5500B fo)lowing prelim)nary des)gm Work shall not proceed without wdtten authorization. 5500A F~NAL STOR/4 S~WER ~'~1 DI~GN AND PS~E(~JRFACE Oi~I'~ON) Upon written authorization to proceed, consultant shall work on task series 5500A. 5501A Descrip'don of Work This work consists of incorporating the PS&E package for the construction of Trunk Storm Sewer into the Pedestrian Access Improvements Surface Option Contract (or the option without Ferry Tunnel Construction) using a combination of Trenchless Technology and open cut construction to one (1) complete PS&E package. The work will be in accordance with the approved Basis of Design Report, Preliminary Design and other pertinent documents. The work will include completed design and PS&E for the replacement of the Park Avenue Storm Sewer Sections, New Gravity Sewer Sections, trenchless technology such as Microtunneling, Launch Pits, Retrieval Pit, New Ferry Terminal Stormwater Treatment System, Pit Dewatering and Trench Dewatering. 5502A Final Design and PS&E Deliverables The preliminary horizontal layout and vertical profile for the storm sewer system will be finalized to sufficient detail to enable the construction of Park Avenue Storm Sewer Sections, New Gravity Sewer Sections, trenchless t~chnology such as [Vlicrotunneling, Launch Pits, Retrieval Pit, New Ferry Terminal Stormwater Treatment System, Pit Dewatering, Trench Dewatering, and related incidental appurtenant work. The plans shall be developed in a manner consistent with design criteria established in the Basis of Design Report, the Preliminary Design and will incorporate and address all comments of the Preliminary Design review. Corresponding horizontal and vertical alignments will be shown on the same sheet. Final Design and PS&E Deliverables for this project will be developed in conjunction with the Downtown Bremerton Pedestrian/BTC Access Improvements project to the extent possible. These PS&E Deliverables include: A. General Plans (presented as part of surface street improvement) - 60%, 95%, 100% B. Demolition Plans (presented as part of surface street improvement) - 60%, 95%, and 100% Submittals C. Trunk Storm Sewer Layout and Profile Plans - 60%, 95%, and 100% Submittals D. Roadway Plans (presented as part of surface street improvement) - 60%, 95%, and 100% Submittals E. TESC, Drainage and Stormwater Plans (presented as part of surface street improvement) - 60%, 95%, and lO0%Submittals F. Sitework Plans (presented as part of surface street improvement) - 60%, 95%, and 100% Submittals G. Right of Way Plans - Incorporation into 60%, 95%, and 100% Submittals H. Utility Plans (presented as part of surface street improvement) - 60%, 95%, 100% Submittals I. Traffic Plans (presented as part of surface street improvement) (presented as part of surface street improvement) - Incorporation into 60%, 95% and 100% Submittals Assumptions: 1. The final storm sewer system design will be based on the recommendations of the Preliminary Design and will include: a. Replacement Park Ave. System Storm Sewer Sections south of 4th Street. b. New Trunk Storm Sewer Section from intersection of Park Ave. and Burwell St. to launch pit on Burwell St. c. New Trunk Storm Sewer Section along Burwell St. from launch pit to Pacific Ave. installed as part of the surface street option using trenchless technology. d. New trunk storm sewer section along Pacific Avenue south of Burwell Street installed using trenchless technology. 2/10/2004 15 Exhibit B-lA Scope of Services e. New Trunk Storm Sewer Section from 1st St. launch pit to New Ferry Terminal Stormwater Treatment System. f. New Ferry Terminal Stormwater Treatment System. g. Related incidental appurtenant work necessary for a complete and operating system. 2. The following numbers of drawings represent the estimated level of effort involved in Final Design and PS&E Deliverables. a. General Plans (presented as part of surface street improvement) b. Demolition Plans, Alignment of Right of Way, Site Preparation, and Drainage/Utilities (presented as part of surface street improvement) c. Final layout and schematics of Service Area, Pipes, Launch Pits and Retrieval Pits, assumes thirty (30) plans: 1. Assumes ten (10) final trunk storm sewer layout and profile plans 2. Assumes four (4) launch pit plans 3. Assumes two (2) retrieval pit plans 4. Assumes two (2) Ferry Terminal Stormwater Treatment System plans 5. Assumes ten (10) miscellaneous sections and detail plans 6. Assumes two (2) additional traffic control plans d. Roadway Modification Section and Details (presented as part of surface street improvement) e. Quantity Tabulations (presented as part of surface street improvement) f. Temporary Erosion & Sedimentation Control (presented as part of surface street improvement) g, Traffic Control Detour (presented as part of surface street improvement, level of effort representative of two (2) additional plans) 5503A SpecificaUons Special Provisions will be prepared using WSDOT standard format. 5504A Cost EsUmate An estimate of probable construction costs will be prepared using WSDOT standard format. 5500B FZNAJ. ~'rc)RJ4 ~R SYS'T'EIq DESIGN AND PS&E Upon written authorization to proceed, consultant shall work on task series SS00B. 550:].B Descril~don of Work This work consists of incorporating construction of Trunk Storm Sewer with Ferry Tunnel Construction using open cut excavation. The work shall be in accordance with the approved Basis of Design Report, Preliminary Design and other pertinent documents and combined with the Ferry Tunnel Construction work to produce one (1) complete PS&E package. The work will include PS&E for the replacement of the Park Avenue Storm Sewer Sections, New Gravity Sewer Sections, New Ferry Terminal Stormwater Treatment System, Trench Dewatering, and related incidental appurtenant work necessary for a completed design. 5502B Final Design and PSSLE Deliverables If the Tunnel Option is selected for the Downtown Bremerton Pedestrian/BTC Access improvements project, the Final Design and PSE&E Deliverables for the tunnel option of this Project will basically involve the preparation the Trunk Storm Sewer Layout and Profile Plans, and accompanying sections and details. Other discipline plans such as roadway, TESC, Drainage and Stormwater, Sitework, Right of Way, Utility, and Traffic Plans will not be developed separately as part of this project, instead will be incorporated into the Pedestrian Access improvements Tunnel Project. The preliminary horizontal layout and vertical profile for the trunk storm sewer system will be finalized to sufficient detail to enable the construction of Park Avenue Storm Sewer Sections, New Gravity Sewer Sections, New Ferry Terminal Stormwater Treatment 2/10/2004 16 Exhibit B-lA Scope of Services System, Trench Dewatering, and related incidental appurtenant work necessary for a completed design. The plans shall be developed in a manner consistent with design criteria established in the Basis of Design Report, the Preliminary Design and will incorporate and address all comments of the Preliminary Design review. Corresponding horizontal and vertical alignments will always be shown on the same sheet. The PS&E Deliverables for this Project include: A. General Plans- 60%, 95%, 100% B. Storm Sewer Layout and Profile Plans - 60%, 95%, and ].00% Submittals C. Roadway Modification Plans- 60%, 95%, and 100% Submittals D. TESC, Drainage and Stormwater Plans - 60%, 95%, and 100%Submittals E. Right of Way Plans- Incorporation into 60%, 95%, and 100% Submittals Assumptions: 1. The final trunk storm sewer system design will be based on the recommendations of the Preliminary Design and include a. Replacement Park Avenue System Storm Sewer Sections south of 4th Street. b. New Gravity Connection Sewer Section along Burwell Street between Park Avenue and Pacific Avenue, along Pacific Avenue south of Burwell Street, and across Ist Street installed as part of the tunnel construction utilizing open cut method. c. New Ferry Terminal Stormwater Treatment System d. Related incidental appurtenant work necessary for a completed design. 2. The following numbers of drawings represent the estimated level effort involved in Final Design and PS&E Deliverables. a. General Plans (presented as part of cut and cover tunnel work) b. Final layout and schematics of Service Area, Pipes Layout and Profile - 15 1. Assumes ten (10) final trunk storm sewer layout and profile plans 2. Assumes five (5) miscellaneous sections and detail plans c. Roadway Modification Section and Details (presented as part of cut and cover tunnel work) d. Temporary Erosion & Sedimentation Control (presented as part of cut and cover tunnel work) e. Drainage, Utilities, and Alignment of Right of Way (presented as part of cut and cover tunnel work) f. Construction Phasing Plans (presented as part of cut and cover tunnel work) g. Quantity Tabulations (presented as part of cut and cover tunnel work) 5503B SpecificaUons Special Provisions will be prepared using WSDOT standard format. 5'~O4B CO~ Estimate An estimate of probable construction costs will be prepared using WSDOT standard format. 5600. GONS~'"rlON SUPI~ORT SERWr~'~ The Consultant will provide engineering support throughout the construction duration of the Project. The consultant shall work under the City's Project Engineer / Project IVlanager in charge of construction. Consultant will 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. 2/10/2004 17 Exhibit B-lA Scope of Services Full definition of services and costs under this task will be developed by Consultant and City of Bremerton and the Contract amendment executed prior to project construction advertisement. The Consultant will assist the City of Bremerton staff with support services during construction. These services may include: A. Review and response to Requests for Information (RF~'s). B. Review of submittals, including shop drawings. C. Provide design clarification and decisions as required and requested by City of Bremerton for response to the construction contractor. D. Attend periodic construction office progress meetings when requested by the City of Bremerton and contractors. E. When requested, perform periodic field visits during construction to observe construction progress and document any relevant observations to City of Bremerton. F. Prepare Field Observation Reports, and As-built Drawings. G. Attend Pre-Bid Meetings. H. Attend The Preconstruction Conference. I. Prepare As-Built Drawings For The Project. Review Contractor Proposed Construction Methods And Procedures For the Various Components, including Formwork Submittals. K. Provide The Clarification And Interpretation Of Contract Drawings. Assumption: 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. Furthermore, there is additional work in this task that can be carried on by mutual agreement under a Contract Change Order. For purposes of costing the aforementioned effort under Construction Support Services will be lumped under the following sub tasks: 5601 Assist City in Contract Award 5602 Preconstruction Conference 560:3 Attend Weekly Coordination Meetings 5604 Prepare As-Built Drawings 5605 Review Contractor Submittals 5606 Review Construction Iqethods and Procedures 5607 ClaHftcation of Contrect Drawings 5700A. QUALtlY ASSURANCE/QUALTTY CONTROL (SURFAC~ OPT/ON) The quality assurance/quality control (QA/QC) program for the project shall follow Consultant's QA/QC process outlined in its Quality Assurance/Quality Control Program Manual. 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: 5701A Zntre-Znter Discipline ~ 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. 2/10/2004 18 Exhibit B-lA Scope of Services The process for inter-discipline reviews include: inter discipline coordination review meeting preparation; inter disciplinary coordination review meeting; client submission; and review and revision after receipt of comments. 5702A Calculations ~ 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. 5703A Drawings ~ Review Section QCP-630 of the Consultant QA/QC Manual prescribes the procedure for preparation and checking of drawings for projects. 5704A Specifications (~)C Review Section QCP-640 of the Consultant QA.QC Manual outlines the procedure for developing the specification format, preparation of specifications, methods for checking and revising the specifications. 5705A Opinion of Probable Construction Cost ~ 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's standards will apply. 5706A Document/Technical Reports ~ Review Section QCP-660 of the Consultant QA/QC Manual prescribes specific procedures and standards 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. 5707A 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. All interactions with the contractor, owner, or other design team members shall be documented and filed with the City. 5708A 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. S700B. (~IUALZTY ASSURANCE/(~RJAI_tl~ ~ (TUNNEL OPI'ZON) The quality assurance/quality control (QA/QC) program for the project shaft follow Consultant's QA/QC process outlined in its Quality Assurance/Quality Control Program Manual. 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: 5701B Zntra-Znter Discipline ~ Review 2/10/2004 19 Exhibit EFiA · Scope of Services 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 include: inter discipline coordination review meeting preparation; inter disciplina~ coordination review meeting; client submission; and review and revision after receipt of comments. 57022 CalculaUons 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. 570:3B Drawing~ ~ Re~iew Section QCP-630 of the Consultant QA/QC Manual prescribes the procedure for preparation and checking of drawings for projects. 57042 Specifications QC Review Section QCP-640 of the Consultant QA.QC Manual outlines the procedure for developing the specification format, preparation of specifications, methods for checking and revising the specifications. 57052 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's standards will apply. 57062 Document/Technical Reports QC Review Section QCP-660 of the Consultant QA/QC Manual prescribes specific procedures and standards 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. 57072 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. All interactions with the contractor, owner, or other design team members shall be documented and filed with the City. 5708B Constroctability 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. 2/10/2004 20 Exhibit B-2a Scope of Work (Task Order Agreement) Each item of work under this AGREEMENT will be provided by task assignment. Each assignancnl will be individually negotiated with the CONSULTANT. The an~ount established for each assignment will be the maximum amount payable for that assignment unless modified in writing by the AGENCY. The AGENCY is 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 assigncd in writing. Task assignments may include but are not limited to, the following types of work: A. Phase 1 Environmental Documents and Supportin~ Work B. Phase 2 Preliminary Design and Supporting Work C. Phase 3 -~ Final Desio~ mid Supporting Work D. Phase 4 Construction Support Services and Supporting Work E. Phase 5 - Permitting and Design of Trunk Storm Sea, er and Supporting Work F. Task assignmcnts 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 as~d the AGENCY, except that cmcrgcncy actions requiring a 24-hour or less response can be handled by an oral authorization. Such oral authorization shall be followed up a Formal Task Assignment Document within 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. Exhibit B-2a Formal Task Assignment Document Task Number Phase 5 The general provisions and clauses of Agreement ......... shall be in full force and effect for this Task Assignment. Location of Project: Bremerton~.Washing$on_ Project Title: Downtown Pedestrian/Bremerton Transportation Center Access Improvements Maximum Amount Payable Per Task Assignment: $263,740.29 Completion Date: Description of Work: (Note attachments and give brief description) Phase 5 - Permitting and Design of Trunk Storm Sewer Agency Project Manager Signature: Date: Oral Authorization Date: See Letter Dated: Consultant Signature: Date: Santosh Kuruvilla, President Agency Approving Authority: __ Date: ....... Exhibit D-la Consultant Fee Determination - Summary Sheet (Lump Sum, Cost Plus Fixed Fee, Cost Per Unit of Work) Project: Downtown PedestrianlBremer~on Transpor[ation Center Access Imorovements Direct Salary Cost (DSC) Consultant: EXELTECH Code Classification Man Hour~Man Hours Rate Dollars Dollars Labor (Surface) (Tunnel) (Surface) (Tunnel) 05 Principal 684 670 $8060 $34,610.40 $33,902.00 10 QA/QC 565 541 $49.00 $27,685.00 $26,509.00 15 Structural Lead 2,591 2,584 $49.00 $126,959.00 $126,616.00 20 Structural Engineer 1 2,090 2,089 $4L00 $85,690.00 $85,649.00 25 Structural Engineer 2 2,375 2,375 $32.00 $76,000.00 $76,000.00 30 Environmental Lead 1,527 1,527 $40.00 $61,080.00 $61,080.00 35 Environmental Support 1,~.23 1,123 $29.00 $32,567.00 $32,567.00 40 Civil Lead 3,127 3,032 $41.00 $128,207.00 $124,312.00 45 Civil Engineer I 698 682 $35.00 $24,430.00 $23,870.00 50 Civil Engineer 2 272 210 $32.00 $8,704.00 $6,720.00 55 Civi~ Engineer 3 80 80 $26.00 $2,080.00 $2,080.00 55 Construction Management Lead 268 268 $37.00 $9,916.00 $9,916.00 55 Construction Engineer 1 0 0 $30.00 $0.00 $0.00 55 Construction Engineer 2 0 0 $27.00 $0.00 $0.00 55 Building Engineer 1 320 320 $38.00 $12,160.00 $12,160.00 55 Project Controller 564 564 $28.00 $15,792.00 $15,792.00 55 Admin Support 1 200 200 $21.00 $4,200.00 $4,200.00 55 Admin Support 2 299 299 $15.00 $4,485.00 $4,485.00 55 Document Editor 203 187 $26.00 $5,278.00 $4,862.00 55 CADD Tech 1 1,993 1,979 $25.00 $49,825.00 $49,475.00 55 CADD Tech 2 1,628 1,270 $22.50 $36,630.00 $28,575.00 55 CADD Tech 3 424 424 $20.00 $8,480.00 $8,480.00 Total Hours 21,031 20,424 Total DSC $754,778.40 $737,250.00 % Increase % of Work Escalation for '04 5 50 $18,869.46 $18,431.25 Escalation for 'O5 5 20 $15~095.57 $14f745.00 Escalated Total DSC $788,743.43 $770,426.25 Overhead (OH Cost -- including Salary Additives) OH Rate x DSC of 162.35% x 788,743.43 $1,280,524.96 $1,250,787.02 Fixed Fee (FF): FF Rate x DSC of 30.00% x 788,743.43 $236,623.03 $231,127.88 Reimbumables Ztemized. Quantity Units Rate Meals and Lodging 148 each (~ $15.00 $2,220.00 $2,220.00 Plans - Plotting / Repro 6,200 each @ $4.50 $27,900.00 $27,900.00 Mapping/Photos/Surveys each @ $3.50 $0.00 $0.00 Reproduction and Printing 28,500 copies @ $0.15 $4,275.00 $4,275.00 Field Equipment Rental Lump Sum $4,560.00 $4,560.00 Computers $0.00 $0.00 Postage and Supplies 344 Est @ $200 $688.00 $688.00 Ferr,/Fare 91 $8.00 $728.00 $728.00 Travel 20,203 miles @ $036 $7~394.76 $7~273.08 Reimbursables Total $47,765.76 $47,644.08 Subconsultant Costs (See Exhibit Gl: $1,844,062.73 $1,841,188.98 Grand Total $4~197~719.90 ~4r141r174.20 Prepared By Santosh Kuruvilla & Bernie Chaolin Date: February t3, 2004 2/27/04 Exhibit Ga Subcontracted Work Downtown Pedestriar~/Bremerton Transportation Center Access Improvements, with Phase 5 (Permitting and Design of Trunk Storm Sewer) The agency permits subcontracted work for the following portions of the work of this agreement Activity Subconsultant Fee Fee (Surface) (Tunnel) Project Mana~]ement Demich Consultin.q $298,423.92 $295,550.17 Environmental thru Construction H.W. Lochner $480,365.30 $480,365.30 Streetscape, Env. Supp, ROW, Survey David Evans & Assoc. $294,211.88 $294,211.88 Mechanical & Electrical Sandwell $284,059.87 $284,059.87 Geotechnical Shannon &Wilson $190,228,52 $190,228.52 Environmental Support NWA $40,173.90 $40,173.90 Environmental Support Michael Minor & Assoc. $29,240.00 $29,240.00 Public Information The Demich Group $65,030.54 $65,030.54 WSF Office Building & Toll Booths Art Anderson $162,328.81 $162,328.81 Total Subcontracted Work $1,844,062.73 $'1,841,188.98 February 12, 2004 Exhibit G-la Subconsultant Fee Determination - Summary Sheet Downtown Pedestrlan/Bremerton Transportation Center Access Improvements Start Date ~lune 1, 2003 City of Bremerton Task Description: Geotechnicel End Date April 1~ 2006 Subconsuitant Fee Determination Subconsuitant: Shannon & Wilson Project # 0324 Classification Hours Hours Rate Dollars Dollars (Surface) (Tunnel) (Surface) (Tunnel) Principal In Charge 74 74 x $64.00 $4,736.00 $4,736.00 Project Manager 274 274 x $43.00 $11,782.00 $11,782.00 Associate 60 60 x $42.00 $2,520.00 $2,520.00 Sen~or Engineer/Geologist 272 272 x $33.00 $8~976.00 $8,976.00 Staff Engineer/Geologist 563 563 x $24.00 $13,512.Q0 $13,512.00 Cierical/Dra[ting 118 118 x $17.00 $2~006.00 $2~006.00 Total Hours 1,361 1,361 Total DSC $43,532.00 ~43,532.00 % Increase % of Work Escalation for '04 4 50 $870.64 $870.64 Escalation for '05 4 10 $174.13 $174.13 Escalated Total $44,576.77 $44,570.77 Overhead (OH Cost *- including Salary Additives) OH Rate x DSC of 194.60% x 44~576.77 $86,746.39 $86,746.'~9 Fixed Fee (FF); FF Rate x DSC of 30.00% x 44,576.77 $13,373.03 $13,373.03 Reimbursables Itemized Quantity Units Rate Mileage (at .36 per mile) and Fern' Costs 25 day @ $20.00 $500.00 $500.00 Drilling Subcontract 1 each @ $17,662.73 $17,662.73 $17,662.73 Analytical Testing Subcontract 1 each @ $3,100.00 $3,100.00 $3,100.00 Reproduction and Printing 2,996 copies ~ $0.10 $299.60 $299.60 Field Equipment Rental 1 each @ $670.00 $670.00 $670.00 EDR and Aerial Photos 1 Est @ $220.00 $220.00 $220.00 Instrumentation survey subcontractor 1 Est @ $15,000.00 $15,000.00 $15,000.00 Inclinometer Casing 4 each @ $375.00 $1,500.00 $1,500.00 Strain Gages 16 each @ $250.00 $4,000.00 Crack Gages 5 each @ $20.00 $100.00 $100.00 Re~t Water Level & Strain Gage Readouls 32 days @ $40.00 $1,280.00 $1,280.00 Rent [nclinometer 16 days @ $75.00 $1r200.00 ~1r200.00 Reimbursables Total $45, S32.33 $45,532.3:3 Grand Total $190r228.52 ~190r228.52 Prepared By: Monique N,vkamp; Scott Gaulker and Jim Wu Date: February 13, 2004 Exhibit G-la Subconsultont Fee Determination - Summary Sheet Downtown Pedestrian/Bremerton Transportation Center Access Improvements Start Date June 1~ 2003 City of Bremerton Task Description: Support Services End Date April 1~ 2006 Subconsultont Fee Determination Subeonsultent: NW Arch. Assoc, Project # 0324 Classification Hours Hours Rate Dollars Dollars (Surface) (Tunnel) (Surface) (Tunnel) Project Manager/Historic 108 108 x $29.43 $3,178.44 $3,178.44 Senior Archaeologist 304 304 x $25.59 $7,779.36 $7,779.36 Historian 134 134 x $28.35 $3,798.90 $3,798.90 Staff Archaeologist 82 82 x $18.66 $1,530.12 $1,530.12 GIS/Productian Specialist 0 0 x $41.95 $0.00 $0.00 Graphics/Production 55 55 x $19.25 $1,058.75 $1,058.75 Lab Tech/Dat~ Entry 0 0 x $30.51 $0.00 $0.00 Admin. Assistant I 1 x $33.75 $33.75 $33.75 Total Hours 684 684 Total DSC $17,379.32 $17,379.32 % Increase % of Work Escalation for '04 5 30 $260.69 $260.69 Escalation for '05 5 0 $0,00 $0.00 Escalated Total DSC $17~640,01 $t7~640.0:I Overhead (OH Cost ~- including Salary Additives) OH Rate x DSC of 90.91% x $17,640,01 $1§,036.53 $16t036.53 Fixed Fee (FF): FF Rate x DSC of 30.00% x $17,640.01 $5,292.00 $5t292.00 Reimbursables Itemized QuanUty Unit~ Rate Mileage 950 miles ~) $0.35 $327.75 $327.75 Ferry Fares 29 each .~ $12.00 $348.00 $348.00 Meals and Lodging $0.00 $0.00 Plans - Plotting / Repro $0.00 $0.00 Mapping/Photos/Surveys 7 rolls (~ $25.00 = $175.00 $175,00 Reproduction and Printing 1,364 cop~es /g~ $0.15 = $204.60 $204.60 Field Equipment Rental $0.00 $0.00 Computers $0.00 $0,00 Postage and Suppties 1 L.S. Est @ $150,00 = $150,00 $150,00 Outside Computer $0.00 $0.00 Outside Consultants $0.00 $0.00 Reimbursables Total $1,205.35 $1,205.35 Grand Total ~40t 173,90 ~40~173.90 Prepared By: Lorlea Hudson/Val Gearin Date: February 13, 2004 2/27/04 Exhibit G-la Subconsultant Fee Determination - Summary Sheet Downtown Pedestnan/Bremerton TransportaUon Center Access improvements Start Date June It 2003 City of Bremerton Task Description: Environmental through Construction End Date April 1, 2006 Subconsultant Fee Determination Subconsultant: Demich ConsuiUng Project # 0324 Classification Hours Hours Rate Dollars Dollar~ (Surface) (Tunnel) (Surface) {Tunnel) Project Manager 2,179 2,157 x $125.00 = $272,375.00 $269,625.00 Total Hour 2,179 2,157 Total DSC $272,375.00 $269,625.00 % Increase % of Work Escalation for '04 5 50 $6,809.38 $6,740.63 Escalation for '0S 5 20 $5.447,50 ~;5~392.50 Escalated Total $284,631,88 $281,758.13 Overhead (OH Cost -- includin§ Salad/Additives) OH Rate x DSC of 0.00% x 284~631.88 $0.00 $0.00 Fixed Fee (FF): FF Rate x DSC of 0.00% x 284,631.88 $O.OO Reimbursables Itemized Quantity Units Rate Heals and Lodging day @ : $0.00 $0.00 Mileage 37,839 mi ~ $0.36 = $13,622.04 $~.3,622.04 Mapping/Photos/Surveys 0 each ~ = $0.00 $0.00 Reproduction and Pdnting 0 copies @ = $0.00 $0.00 Fletd Equipment Rental 0 each @ $0.00 $0.00 Postage and Supplies Est @ = $170.00 $170.00 Reimbursables Total $13,792.04 $13~792.04 Grand Total $298f423.92 ~;298t550.17 Prepared By: Gary Demich Date: February 13, 2004 Exhibit G-la Subconsultant Fee Determination - Summary Sheet Downtown Pedestrian/Bremerton Transportation Center Access :improvements Start Date 3une 1, 2003 City of Bremerton Task Description: Support Services End Date April 1, 2006 Subconsultant Fee Determination Subconsultant: David Evans & Assoc. Project # 0324 Classification Hours Hou~ Rate Dollars Dollars (Surface) (Tunnel) (Surface) (Tunnei) Principal in Charge 96 96 x $56.00 $5,376.00 $5,376.00 Sr. Professional Land Surveyor 96 96 x $45.00 = $4,320.00 $4,320.00 Project Surveyor 224 224 x $35.00 $7,840.00 $7,840.00 Survey Technician 256 256 x $25.00 $6,400.00 $6,400.00 Party Chief 384 384 x $26.00 $9,984.00 $9,984.00 Instrument Person 384 384 x $18.00 = $6,912.00 $6,0:[2.00 Property Spedallst 36 36 x $20.00 = $720.00 $720.00 Sr. Property Specialist 78 78 x $35.00 $2,730.00 $2,730.00 Real Estate Manager 30 30 x $38.00 = $1,140.00 r, lanaging Scientist 109 109 x $4t.00 = $4,469.00 $4,469.00 Sr. Scientist J. 37 137 x $33.00 = $4,521.00 $4,521.00 Scientist 42 42. x $25.00 = $1,176.00 $1,176.00 Sr. Planner 176 176 x $35.00 = $6,~.60.00 $6,160.00 Sr. Graphic Specialist 36 36 x $25.00 = $900.00 $900.00 Accounting r, lanager 0 0 x $25.00 = $0.00 $0.00 Accounting Sc~:ialist 0 0 x $22.00 = $0.00 $0.00 Administrative Assistant J. 32 132 × $20.00 = $2,640.00 $2,640.00 Landscape Architect 29:[ 291 x $34.00 = $9,894.00 Landscape Architect 24 24 x $28.00 = $672.00 $672.00 Landscape Designer 375 37S x $22,00 = $8,250.00 $8,250.00 Landscape Desi~ner 358 358 x $19,00 = ~;61802.00 Total Hour 3,264 3~264 Total DSC :: $90,906.00 $90,906.00 % Increase % of Work Escalation for '04 5 25 = $1,136.33 $1,136.33 EscaiaUon for '05 5 25 = $2~272.65 ~2~272.65 Escalated Total $94~314.98 $94~3/.4.98 Overhead (OH Cost -~ including Salary Additives) OH Rate x DSC of 169,96% x 94~314.98 = $160~297.73 $160,297.73 Fixed Fee (FF): FF Rate x DSC of 30.00% x 94,314.98 = $28,294.49 $28,294.49 Reimbursables ]tamized Quantity Units Rate Meals and Lodging/Ferry Est. @ = $1,500.00 $1,500.00 Plans ~ Plotting / Repro 0 each @ $0.00 = $0.00 $0.00 Mapping/Photos/Surveys 0 each @ $0.00 = $0.00 $0.00 Reproduction and Printing Est. @ = $750.00 $750.00 Field Equipment Rental 0 each @ $0.00 = $0.00 $0.00 Postage and Supplies 0 Est ~ $0.00 $250.00 $250.00 Mileage 5013 Miles @ 0.36 $1,804.68 $1,804.68 Utility Locate Est. $4,000.00 $4,000.00 Traffic Control Est. ~3~000.00 ~;3~000.00 Reimbursables Total $11,304.68 $11,304.68 Grand Total $294f211.88 $294r211.88 Prepared By Ron Anderson Date: February 13, 2004 DATESUBMfI'IED: March 10,2004 BILL# cji- G'-/~ AGENDA BILL ~ ~ CITY OF BREMERTON g~, ~ CITY COUNCIL ~ ~ SUBJECT: Local Agency Standard Committee Meeting Date: March 16, 2004 Consultant Agreement for the Downtown COUNCIL MEETING Date: March 24, 2004 Pedestrian/BTC Access Improvement Project Department: Economic Dev. Presenter: Gary Sexton Phone: 5282 SUMMARY: The City requires project management assistance for the Downtown Pedestrian/BTC Access Improvement Project. Retaining the services of W. Eugene Sampley dba Sampley Consulting to manage the project will provide the expertise necessary to maintain project continuity, scope and schedule. A Local Agency Standard Consultant Agreement for federally funded projects has been negotiated with Sampley Consulting for the Downtown Pedestrian/BTC Access Improvement Project for a total authorized amount not to exceed $50,000. It is recommended that City Council approve the attached Local Agency Standard Consultant Agreement with Sampley Consulting. ATTACHMENTS: Local Agency Standard Consultant Agreement with Sampley Consulting for the Downtown Pedestrian/BTC Access Improvement Project. FISCAL IMPACTS (Include Budgeted Amount): These services are reimbursable from federal funds provided in the capital project budget. No local match is required for this contract. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: MAYOR: COUNCIL R~COMMENDED MOTION: City Council approves the Local Agency Standard Consultant Agreement with Sampley Consulting for the Downtown Pedestrian/BTC Access Improvement Project in the amount not to exceed $50,000 and authorize the Mayor to finalize and execute the same. AGENDA STATUS: New Business Old Business COUNCIL ACTION: [] Approve [] Deny [] Postpone [] No Action Resolution Public Heana$ lnfinrmatit~n Consultant/Address/Telephone Local Agency Sampley Consul ting Standard Consultant 74o7 Roundup Lane NW Silverdale, WA 98383 Agreement Agreement Number Federal Aid Number __ .. Project Title And Work Description HP-I~l~l$(~z~) Downtown Bremerton Pedestrian / BTC Agreement Type (Choose one) Access Improvements [] Lump Sum Lump Sum Amount $ [] Cost Plus Fixed Fee Overhead Progress Payment Rate __ % DBE Participation Overhead Cost Method [] Yes [] No % [] Actual Cost WBE Participation []Yes r~No % [] Actual Cost Not To Exceed % Federal ID Number or Social Security Number [] Fixed Rate % Fixed Fee $ Do yo~[] requireyes []a 1No099 for IRS? Completion Date [] Specific Rates Of Pay [] Negotiated Houdy Rate Total Amount .Authorized $ 50,000 [] Provisional Hourly Rate Management Reserve Fund $ 0 [] Cost Per Unit of Work Maximum Amount Payable $ 50,000 1st Apr~] 2004 THIS AGREEMENT, made and entered into this day of between the Local Agency of C i ty of B reme r ton , Washington, hereinafter called the "AGENCY", and the above organization hereinafter called the ~CONSULTANT', WlTNESSETH 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 Fo~rn 14(7069EF Page I of 8 Revised 12/99 5q I Alt reports, PS&E materials, and other data, furnished GENERAL DESCRIPTION OF WORK to the CONSULTANT by the AGENCY shatl be returned. All designs, drawings, specifications, The work under this AGREEMENT shall consist of documents, and other work products prepared by the the above desedbed work and services as herein CONSULTANT pdor to completion or termir~tion 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 fumish ali 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 o[ any such inalruments of designated elsewhere in this AGREEMENT. service, not occurring as a pert of this PROJECT, shall be without liability or legal ex~x~sure 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 by this reference made a part of this AGREEMENT. The CONSULTANT shell not begin any work under the terms of this AGREEMENT until authbezed in III writing by the AGENCY. Ail work under this GENERAL REQUIREMENTS AGREEMENT shall be completed by the date shown in the heeding 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 roeeUngs with because of any delays atttibutsble fo the CONSULT- agencies, groups or individuals shell 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 coordinaUon, GOD or governmental actions or other conditions progress and presentation meetings with the beyond the control of the CONSULTANT. A pdor 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 Ume. requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior V to meetings requidog CONSULTANT participation. PAYMENT The minimum number of hours or days notice - required shall be agreed to between the AGENCY The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this and the CONSULTANT and shown in Exhibit "B" attached hereto and made part of this AGREEMENT. AGREEMENT as previded in Exhibit "C' attached The CONSULTANT shall prepare a monthly hereto, and by this reference mede part of this 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 wdtten and graphical form the for all labor, materials, supplies, equipment, and vadous phases and the order of performance of the work in sufficient detail so that the progress of the incidentals necessary to complete the work work can easily be evaluated. Goals for Dissdvan- specified in Section II, "Scope of Work". The raged Business Enterprises (DBE) and Women CONSULTANT shall conform with all applicable Owned Business Enterprises (VVBE) if required shall portions of 48 CFR 31. be shown in the heading of this AGREEMENT. Page 2 of 8 ¢o VI employees of the CONSULTANT only and not of the SUBCONTRACTING AGENCY, and any and all claims that may or might adse under any Workmec'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, at- 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 Tiqe work of the subconsultant shall not exceed its obligation and responsibility of the CONSULTANT. maximum amount payable unless a pdor written The CONSULTANT shall not engage, on a full or approval has been issued by the AGENCY. pert time basis, or other basis, dudng the peded of the All reimbursabta direct labor, overhead, direc[ non- centracl, any professional or technical personnel who salary costs and fixed fee costs for the subconsultant are, or have been, at any time dudng 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 ment 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 pdor wdtten permission of the AGENCY. No NONDISCRIMINATION permission for subcontracting shall create, between the AGENCY and subcontractor, any contract or any The CONSULTANT agrees not to discriminate other relationship, against any client, employee or applicant for employ- ment or for services because of race, creed, color, VII national origin, madtal 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 wcrkir~j 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 co~tract. For breach or violation of this made satisfactory to the AGENCY that discdmina- 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 Dudng 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 employses 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-asaisted programs of the Page 3 of 8 Depadment of Transportation, Title 49, Code of sive possession of another who tails or refuses to Federal Regulations, Part 21, as they may be furnish this information the CONSULTANT shall amended from time to time, (hereinafter refe~Ted so certify to the AGENCY, or the United States to as the Regulations), which are herein incorpo- Department of Transportation as aparopdata, and rated by reference and made a part of this shall set forth what efforts it has made to obtain AGREEMENT. The consultant shall comply the information. with the Amedcen 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 t his with regard to the work performed by it during the AGREEMENT, the AGENCY shall impose AGREEMENT, sheti not discriminate on the such sanctions as it or the Federal Highway grounds of race, creed, color, sex, age, madtal Administration may determine to be approphete, 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 subcensultants, including ANT under the AGREEMENT until the procurements of materials and leases of equip- merit. 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 sdiidtations 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 Federel Highway Admthistra- matadals or leases of equipment, each potential tion may direct as a means of enforcing such subconsultanl or supplier shall be notified by the provisions including sanctions for noncornpli- CONSULTANT of the CONSULTANT's ance; provided, ho~,~ver, 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, madtal supplier as a result of such direction, the CON- status, national odgin and handicap. ULTANT may request the AGENCY to enter D. INFORMATION AND REPORTS: The into such litigation to protect the interests of the AGENCY, and in addition, the CONSULTANT CONSULTANT shell provide all information may request the United States to enter into such and reports required by the Regulations, or directives issued pursuant thereto, and shall litigation to protect the interests of the United 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 ascertain compliance with such 49.60.180. Regulations or directives. Where any information required of the CONSULTANT is in the exciu- 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- sory personnel assigned to the project, or, dissolution The dght is reserved by the AGENCY to terminate of the partnership, termination of the corporation, or this AGREEMENT at any time upon ten days wdtte~ disaffiliation of the principally involved employee, notice to the CONSULTANT. the surviving membem 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 shell 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 fence, 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 Payment for any part of the work by the AGENCY excess paid. 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 failura of the CONSULT- apply. In such an event, the amount to be paid shall be ANT to perform wcx'k required of it by the determined by the AGENCY with consideration AGENCY. Forbearance of any dghts 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 exemise those rights with respect to any termination, the amount of work originally required future act or emission by the CONSULTANT. which was satisfactorily completed to date of termina- X tion,'whether that work is in a form or a type which is 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 necessa~ to correct errors appaadng therein, when affect the value to the AGENCY of the work per- required to do se by the AGENCY, without additional formed at the time of termination. Under no compensation thereof. Should the AGENCY find it cimumstances shall payment made under this subsec- desirable for its own purposes to have previously tion exceed the amount which would have been mede 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 dirac~d by the AGENCY. This if it is determined for any raason that the CONSULT- work shall be considered as Extra Work and will be ANT was not in default or that the CONSULTAN'Fs 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 connes- 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 if the claims or suits are caused by or result from Works or AGENCY Engineer, whose decision in the the concurrent negligence of (a) the matt~ shall be final and binding on the parties of this CONSULTANT's agents or employees and (b) the AGREEMENT, provided howe',~r, 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 derision, that derision 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 dafending Xll such claims and suits, etc. shall be valid and enfome- 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 fo institute legal action or proceedings to enfome any The CONSULTANT's relation to the AGENCY shall dght 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 Supodor cou¢~ 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 dght of appeal under the state industrial insurance law, Title 51 from such decisions of the Supohor 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 previsions of RCW 4.24.115 and was the subject of jurisdiction of the Supedor court of the State of mutual negotiation. Washington, situated in the county in which the AGENCY is located in. Unless other,vise specified in the AGREEMENT, the AGENCY shall be responsible for Administration of XlII 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 State, and local laws and ordinances applicable to the assistance to the AGENCY dudng contract adminis- 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 hc~d 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 othar- suits at law or equity arising in whole or in part from wise required, the following insurance with 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 wdtten 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 pmper~y damage performance of any pa~l of the work under this per occurrence. AGREEMENT, whether or not changed by th~ order, or otherwise affects any other terms and Excepting the Worker's Compensation insurance and co~dtiions of the AGREEMENT, the AGENCY any professional liability insurance secured by the shall make an equitable adjustment in the CONSULTANT, the AGENCY wtil 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 modify the AGREE- verification of insurance and endorsements required MENT accordingly. by this AGREEMENT. The AGENCY reserves the dght 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 wfitfen order. However, company authorized to do business in the State of if the AGENCY derides that the facts justify it, Washington. The CONSULTANT shall submit a the AGENCY may receive and act upon a claim verification of insurance as oufiined 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 shati be dispute under the Disputes clause. However effective without thirty (30) days pdor notice to nothing in this clause shall excuse the CON- 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 cass shall the CONSULTANT's not be increased or considered to be increased professional liability to third parties be limited in except by speOfic wdtten supplement to this any way. AGREEMENT. The AGENCY will pay no progress payrnente 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 shall place his endorsement on such other action as is available to them under other all plans, estimates or any other engineadng data provisions of this AGREEMENT, or otherwise in law. fumished by him. Page 7 of 8 XVl XVlll FEDERAL AND STATE REVIEW COMPLETE AGREEMENT The Federal Highway Administ]'ation and the This document and referenced attachments contains Washington State Department of Transportation all covenants, stipulations and provisions agreed upon shall have the dght 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, rapresen- XVll tafion, promise or agreement not set forth herein. No CERTIFICATION OF THE CONSULTANT changes, amendments, or modifications of the terms AND THE AGENCY hereof shall be valid unless reduced to wdting and Attached hereto as Exhibit "A~I", 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, XIX suspension and other responsibility matters - pdmary EXECUTION AND ACCEPTANCE covered transactJons, 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 Currant in several counterparts, each of which shall be Cost or Pddng Data. Exhibits "A-3" and "A-4" are deemed to be an odginal 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 preposel, 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, Consultant W, Eugene Sampley Agency Cary Bozeman, Mayor Page 8 of 8 Exhibit A-1 Certification Of Consultant Project No. Local Agency I hereby certify that l am ~/. Eugene Sample¥ and duly authorized representative of the firm of Samp 1 e¥ Consu 1 t i n§ whose address is 7407 Roundup Lane NW, Silverdale, WA ~8383 and that neither l nor the above firm l here represent has: (a) Employed or retained for a commission, percentage, brokerage, contingent fee or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure this 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 firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution donation or consideration of any kind for, or in connection with procuring or carrying out the contract; except as here expressly stated (if any): I 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. 1 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 ~_w. s, both criminal and civil. Date Signature Certification of Agency Official I hereby certify that I am the AGENCY Official of the Local Agency of C i t:y of B reme rton, 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. Date Signature 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): Samp 1 ey Consul t ing April 1, 2004 /.~,, ,A~,~~ (Date) (Signature) President or Authorized Official of Consultant 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: I. 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. lfany 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 p~requisite for making or entering into this transaction imposed by Section 1352, Title 3 I, 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): Sampl ey Consul ting April 1, 2004 ~/~ (Date) (Signature)--~f ~'~ fPr~d~flt'or A{l~t~i~C~ficial of Consultant Exhibit A4 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 Pedest r i an/BTC Access Improvements * are accurate, complete, and current as of Ap r i 1 1, 2004 **. 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 Sampley Consulting ~ ~t .,,~3 Name W. Eugene Sampley ~ ~ Title Owner DateofExecution*** April 1 , 2004 * 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 Work Pr~ect No. The Consultant shall perform as the City of Bremerton's agent to provide project management services neces-sary to closely monitor and coordinate The performance of project participants, including City's Consultant for project environmental and engineering services (Design Consultant) and City start in their respective roles in prosecution of work. Consultant shall provide thorough coordination sufficient to ensure the overall success of the project; however, Consultant shall not have authority or responsibility for directing the actual performance of any work. Consultant shall participate in project meetings including, but not limited to monthly Project Oversight Committee meetings, weekly project team meetings of Design Consultant, weekly City project coordination meetings, and project meetings related to the public involvement process. Consultant shall also provide briefings or assist in briefings to Cit~ and other local government councils and commissions as requested. Documents To Be Furnished By The Consultant The Consultant shall submit monthly progress reports on Consultant's Activities. Exhibit C-3 Payment (Negotiated Hourly Rate) 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 work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform with all applicable portions of 48 CFR 31. 1. Hourly Rates The CONSULTANT shall be paid by the AGENCY for work done, based upon the negotiated hourly rotes shown in ExhibitsD and E attached hereto and by this reference made part of this AGREEMENT. The rotes listed shall be applicable for the fa-st 12-month period and shall be subject to negotiation for the following 12-month period upon request of the CONSULTANT orthe AGENCY. If negotiations are not conducted for the second or subsequent 12-month periods within 90 days after completion of the previous period, the rates listed in this AGREEMENT or subsequent written authorization(s) from the AGENCY shall be utilized for the life of the AGREEMENT. The rotes are inclusive of direct salaries, payroll additives, overhead, and fee. In the event mnegotiation of the hourly rotes is conducted, the AGENCY reserves the right to audit for any change in the overhead rote currently in use by the CONSULTANT and modify the hourly rotes to be paid to the CONSULTANT subsequent to the renegotiation accordingly. Any changes in the CONSULTANT'S fixed hourly rotes may include salary or overhead adjustments. 2. 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 as the current rote approved for AGENCY employees and shall be supported by the date and time of each trip with origin and designation of such trips. Subsistence and lodging expenses will be reimbursed at the same rote as for AGENCY employees. The billing for nonsalary cost, directly identifiable with the PROJECT, shall be an itemized listing of the charges supported by the original bills, invoices, expense accounts, and miscellaneous supporting data retained by the CONSULTANT. Copies of the original supporting documents shall be supplied to the AGENCY upon request. All above charges must be necessary for the services provided under this AGREEMENT. 3. 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." 4. Maximum Amount Payable The maximum amount payable for completion of work under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The maximum amount payable includes the Management Reserve Fund, but does not include payment for extra work as stipulated in Section XIV, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT. 5. Monthly Progress Payments Progress payments may be claimed on a monthly basis for all costs authorized in I and 2 above. The monthly invoices shall be supported by detailed statements for hours expended at the rotes established in Exhibits D and E, including names and classifications of all employees, and invoices for all direct nonsalary expenses. To provide a means of verifying the invoiced salary costs for the consultant's employees, the agency may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the project at the time of the interview. 6. Inspection of Cost Records The CONSULTANT and his/her subconsultants shall keep available for inspection by representatives of the AGENCY, STATE, 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 following exception: if any litigation, claim, or audit is started before the three-year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. The three-year retention period begins when the CONSULTANT receives final payment. 7. 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 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 oftbe overpayment. Such refund shall not constitute a waiver by the CONSULTANT or any claims relating to the validity of a finding by the AGENCY of overpayment. Exhibit C-5 Payment (Cost Per Unit Of Work) 1. When the AGENCY requests that a project be undertaken, the CONSULTANT shall prepare a fee proposal based upon a typical scope of work. Upon agreement by the AGENCY and the CONSULTANT upon a scope of work and related fee, a maximum encumbrance, inclusive of expenses, will be established, to serve as a maximum amount payable for the project. For accounting purposes, the CONSULTANT will be paid by the AGENCY for work done, based upon mutually agreed unit rotes for work defined in Exhibits D and E. The listed rotes shall be applicable throughout the life of this AGREEMENT. The rotes are inclusive of actual salaries, overhead, profit, tools, materials, and equipment necessary or incidental for the completion of the AGREEMENT work. Compensation for the following expenditures will be allowed when these costs are incurred directly in fulfilling the terms of this AGREEMENT: 2. The maximum total amount payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown on page 1 of this AGREEMENT, unless a supplemental AGREEMENT has been negotiated and executed by the AGENCY prior to incurring any costs in excess of the maximum amount payable. 3. The CONSULTANT may submit invoices to the AGENCY not more often than once per month during the progress of the work for partial payment of work completed to date. The invoices will indicate the units of work completed each day during the invoice period in addition to the previous total. Direct nonsalary costs, such as travel, reproduction, telephone, supplies, and computer costs, shall be supported by an original or a copy of the invoice or billing instrument the CONSULTANT received for payment. For example, a copy of the telephone company's itemized listing showing each call is necessary to verify the billing for long distance telephone calls. Such invoices will be checked by the AGENCY and payment will be made in full for the amount thereof as has been found to represent the value of the completed work, less the amounts previously paid. 4. Maximum Amount Payable The maximum amount payable for completion of work under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The maximum amount payable includes the Management Reserve Fund, but does not include payment for extra work as stipulated in Section XIV, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT. 5. Monthly Progress Payments Progress payments may be claimed on a monthly basis for all costs authorized in I and 2 above. The monthly invoices shall be supported by detailed statements for hours expended at the rates established in Exhibits D and E, including names and classifications of all employees, and invoices for all direct nonsalary expenses. To provide a means of verifying the invoiced salary costs for the CONSULTANT's employees, the agency may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the PROJECT at the time of the interview. 6. Inspection of Cost Records The CONSULTANT and his/her subconsultants shall keep available for inspection by representatives of the AGENCY, STATE, and thc United States, for a period of three years aficr 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 is started before the three-year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. The three-year retention period begins when the CONSULTANT receives final payment. 7. 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 items and at the time of final audit, all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the agency within ninety (90) days of notice of the overpayment. Such refund shall not constitute a waiver by the consultant or any claims relating to the validity of a finding by the state of overpayment. Exhibit D-2 Consultant Fee Determination - Summary Sheet (Specific Rates of Pay) Fee Schedule Discipline or Job Title Hourly Overhead Profit Rate Rate @ % @ % Per Hour project Manager $105.00 Incl Incl $105.00 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 the 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. DATE SUBMITTED: March 10. 2004 BILL # {)14 ~ Oq'T/ AGENDA BILL ~ CITY OF BREMERTON f~ /I} ...................................... · ...................... ...... SUBJECT: Professional Services Committee Meeting Date: March 16, 2004 Agreement - Sampley Consulting COUNCIL MEETING Date: March 24, 2004 Department: Economic Dev. Presenter: Gary Sexton Phone: 5282 SUMMARY: The City requires assistance in implementation of the public safety measures approved by the public. The Director of Economic Development has negotiated a professional services agreement with Sampley Consulting to perform project oversight and coordination of project administration, oversight and coordination for design and construction of the Public Safety Building and new Fire Station No. 1 and provide other assistance as request by the City. It is recommended that City Council approve the attached PSA with Sampley Consulting in an amount not to exceed $80,000. ATTACHMENTS: PSA with Sampley Consulting FISCAL IMPACTS (Include Budgeted Amount): Funds are provided in the capital project budgets for these services. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: MAYOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: City Council approves the professional services agreement with Sampley Consulting in the amount not to exceed $80,000 and authorize the Mayor to finalize and execute the same. AGENDA STATUS: Consenl [] New Business [] Old Business [] Ordinance [] COUNCIL ACTION: [] Approve [] Deny [] Postpone [] No Action Resolution [] Public Hearing [] Informnlion I'-'] PROFESSIONAL SERVICES AGREEMENT 2004 Project Assistance - ID number The City of Bremerton ("City") and Sampley Consulting ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated March 13, 2004, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.H of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A on April 1, 2004 and that this agreement will end on December 31, 2004, or terminated pursuant to paragraph VIII. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $80,000 as set forth in Exhibit B. Consultant's charges and bills shall conform to the fee schedule set forth in Exhibit B and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit 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 other~vise provided, such compensation shall be in accordance with Exhibit C. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. Bremerton/Sampley Consulting 2004 Project Assistance 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 enfomement 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. Insurance and Hold Harmless: Prior to and during the performance of the work covered by this Agreement, Consultant shall provide the Risk Manager for the City of Bremerton with evidence that it has obtained and maintains in full fome and effect during the term of this Agreement a policy of professional liability insurance, providing coverage of at least $1,000,000 for errors and omissions in connection with the work to be performed by Consultant under this Agreement. Risk Manager shall be provided thirty (30) days' written notice of any cancellation of said professional liability insurance. Consultant shall, at all times, be solely responsible for the acts or failures to act of its personnel which occur or arise in any way out of the performance of this Agreement. Consultant agrees to save and hold the City, its personnel and officials, harmless from all costs, expenses, losses, and damages, including the cost of defense, incurred as a result of any acts or omissions of Consultant's personnel relating to the performance of this Agreement. VI. 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. Bremerton/Sample¥ Consulting 2004 Project Assistance Page 2 of 7 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 Silverdale, 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. 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 Silverdale, Washington or at City provided work space as determined Bremerton/Sample¥ Consulting 2004 Proiect Assistance Page 3 of 7 ~ [ by the City. 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. Severabilit¥: 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 Director of Economic Development Sampley Consulting 239 4th Street 7407 Roundup Lane NW Bremerton, WA 98337 Silverdale, WA 98383 J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. K. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exemise 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 fome and effect. L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. M. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. N. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. O. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. Bremerton/Sampley Consulting 2004 Project Assistance Page 4 of 7 VII. 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. VIII. 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. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. CITY OF BREMERTON CONSULTANT~u/,~~~ ~ .- By: Cary Bozeman By: t/fWU~y its: Mayor its: Owner Date: Date: ,~r~r~- /,~ 7.o~t AJ?lXovarl a~ Attest: Bt&nerton City Atto~ City Clerk R:\LEGAL\Con~ac~SarrtlY~y Consulting PSA - COB 2004xloc Bremerton/Sampley Consulting 2004 Project Assistance Page 5 of 7 qC3 EXHIBIT A SCOPE OF SERVICES The consultant will provide the following services in the performance of this agreement: Task 1 Provide project administration, oversight and coordination for project design and construction of the City's Public Safety Building. Task 2 Provide project administration, oversight and coordination for design and construction of the City's new Fire Station No. 1. Task 3 Provide other project oversight and assistance as request by the Director of Economic Development. Task 4 Provide additional services as requested by the City, including the Department of Public Works & Utilities, as authorized by the Mayor and accepted by the Consultant in writing. Bremerton/Sample¥ Consulting 2004 Project Assistance Page 6 of 7 EXHIBIT B FEE SCHEDULE AND ESTIMATE OF COST The budget for all work included in the performance of this agreement shall not exceed $80,000 as set forth herein. · Tasks 1, 2 and 3 shall not exceed $60,000 and shall be authorized only by the Director of Economic Development. · Task 4 shall not exceed $20,000 and shall be authorized in writing by the Mayor. Services provided under this agreement by W. Eugene Sampley through December 31, 2004 will be billed at a rate of $105 per hour, inclusive of overhead costs, for all hours worked. Direct costs will be billed at actual cost, provided that mileage will be billed at the City's current mileage reimbursement rate. Bremerton/Sampley Consulting 2004 Project Assistance Page 7 of 7 DATE SUBMITTED: March 4, 2004 BILL # AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Authorize a Budget Adjustment Committee Meeting Date: March [~2004 to the Contingency Reserve Fund for COUNCIL MEETING Date: March.~, 2004 Appraisal fees related to the sale of City Department: Economic Property Develop~nent Presenter: Gary Sexton Phone: 473-5282 SUMMARY: It is anticipated that several City properties will be offered for sale and sold in the near future. As preparation for this it is necessary to obtain appraisals on each property. The 2004 budget did not anticipate these expenditures. It is requested that an increase to Contingency Reserve appropriations be approved to allow these appraisals to be performed. Proceeds from the sale of these properties will be deposited to this fund as they are sold. ATTACHMENTS: Properties to be appraised and estimated cost of appraisal. FISCAL IMPACTS (Include Budgeted Amount): Net change to 2004 appropriations for fund 103 - $0. Decrease ending Fund Balance by $20,000. APPROVALS: ,/i ,//~-~ DEPARTMENT DIRECTOR: / /" ,"~. FINANCE DIRECTOR: ' ~'~7--.-~ MAYOR: ~ ~ FISCAL/BUDGET: OPERATIONS: ~,J ~~ CONSENT AGENDA ~] RECOMMENDED MOTION: Move to approve the 2004 Budget Adjustment authorizing the appropriation of $20,000 in the Contingency Reserve fund for appraisals. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action Anticipated Appraisals/Estimated Fees Contingency Reserve Fund (Fund 103) Professional Services Eastpark $ 7,000 Pacific Fire Station (817 Pacific) 2,500 Permit Center (286 4th Street) 2,500 City Hall (239 4th Street) 3,500 Miscellaneous appraisals 4,500 Total Budget Adjustment $20,000 DATE SUBMITTED: February 18, 2004 BILL # AGENDA BILL CITY OF BREMERTON 7 CITY COUNCIL ............ ...... ........... ....... .... ........................... SUBJECT: Public hearing on ordinance Committee Meeting Date: February 24, 2004 approving Amendment No. 1 to Port Blakely COUNCIL MEETING Date: March ~ 24, 2004 Tree Farms Initial Development Agreement Department: City Attorney's Office Presenter: Roger A. Lubovich Phone: 473-2345 SUMMARY: The Initial Development Agreement between the City and Port Blakely Tree Farms previously approved by City Council provides in Section 6.4 that the City may give notice to Port Blakely any time after June 2004 if it believes diligent progress is not being made with respect to the submission of the Master Plan and EIS. Port Blakely has requested an amendment to the Initial Development Agreement that would extend the time after which the City may provide this notice to Port Blakeley to June 30, 2007. Staff is recommending that Section 6.4 be deleted in its entirety and that Section 5.3 relating to development of the Master Plan be amended to correct references to the zoning code resulting from amendments to said code. ATTACFIMENTS: 1. Port Blakely Historical Time Line 2. July 25, 2003 Correspondence from Port Blakely 3. Proposed Ordinance and Amendment to Agreement0 lO o. q ~ cd FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: .-7:.3 7 :: ~ .. CITY ATTORNEY: : 1 .... ~7'~'-'~" ~-"¥ i~:~2~ FiNANCE DIRECTOR: - ~' ~~.z-~: ~..~ ........... ~ MAYOR: ( .~,.~ ~ -----, .... ~ ....... FISCAL/BUDGET: ~-~ --' '~ ~~"-- AGENDA [] OPERATIONS: ~ ]__ L ~ .xT~ ~_ .. -.z., ] COUNCIL PRESIDENT: '-' ,w'9, ,4-t,~ ·f~. I~[ ~ ,;~-:~ RECOMMENDED MOTION: 2. I move to pass Ordinance No. 4~O on second reading approving Amendment No. 1 to the Port Blakely Tree Farms Initial Development Agreement. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action PORT BLAKELY MIXED USE AREA TIME LINE October 25, 2002 September 11, 2000 Sub-area plan and 3-Party agreement approved by County Commissioners September 20, 2000 Sub-area plan and 3-Party agreement approved by City of Bremerton November 22, 2000 Petition for Review filed with the Puget Sound Growth Management Hearings Board December 24, 2000 Property annexed to the City of Bremerton with MXD zoning adopted December 28, 2000 Suit filed in Superior Court challenging the annexation May 29, 2001 Growth Management Heatings Board signed Final Order finding in favor of Port Blakely July 3,2001 Court signed Voluntary Dismissal of Superior Court suit January 2001 to Present Port Blakely Activities: · Participated in hiring Calthorpe & Associates for Downtown Bremerton Plan · Hired Market Analyst to assist with Plan · Interviewed downtown property owners as part of the planning process · Member of the KREDC Board · Member of the KREDC Marketing and Business Assistance Committee · Active participant in the County's Chico Watershed Planning process · Participated in the Land Use Committee for the City's Comprehensive Planning Process · Hired two consultants to prepare market analyses for the commercial and residential land uses · Preparing sewer analysis for inclusion in City's Sanitary Sewer Comprehensive Plan · Conducting on-going financial analyses in light of market conditions PO RT( LA KE LY July25,2003 c c/ ~ u N i r , f ~ Roger Lubovich City Attorney City of Bremerton 239 4th St Bremerton, WA 98337 Chris Hugo, Director Dept. of Community Development City of Bremerton Bremerton, WA 98337 Re: Port Blakely Development Agreement Dear Chris and Roger: The Developatent Agreement that Port Blakely has with the City of Bremerton for its project west of Kitsap Lake allowed the City to give notice if it did not believe diligent progress was being made to submit the Master Plan and EIS at any time after 36 months following the effective date of tl~e Development Agreement. The time frame is contained in section &4.1 as follows: 6.zl. 1 City Notice The City and Port Biakeiy recognize that numerous requirements will affect the schedule and timing of de'¢elopment of the Project, including but not limited to the following: infrastructure and utility planning, coordination, funding, permitting and installati, on; environmental data collection; market conditions and other forces beyond Port Blakely's control, lf~e C~.ty behev,.s Port Blakely is not diligently proceeding with the submission of the Master Plan and ElS, then at any time after 36 months from the effective date of this Agreement, as extended for any litigatiou, appeals or other causes beyond the reasonable control of Port Blakely, then the City. may deliver a written notice to Port Blakely. Any City notice will set forth the City's requested specific actions and proposed timetable for Port Blakely to complete the actions. The requested actions and timetable shall be reasonable and reasonably capable of being accomplished. If Port Blakely completes the actions within the timetable specified by the City, the Notice shall be deemed satisfied. The Development Agreement was signed and recorded in January of 2001. As extended by litigation and appeals, the effective date becomes June of 2001, so that the City could give notice regarding diligent progress on the Master Plan and EIS at any time after June of 2004. In late 2001 Port Blakely, the City and County convened the Executive Committee to begin the transportation studies that were a necessary first step to prepare the Master Plan. However, we suspended that planning effort due to the state of the regional and national economy. Those conditions continue so that Port Blakely has not resumed the transpotlation planning or begun the Master Planning and EIS process. We estimate that it will take 18 to 24 months to complete that work, once it is commenced. City of Bremerton Page two July 25, 2003 Thus we know that we will not be able to meet the 36-month timeline contained in the above paragraph and respectfully request that the timeline be extended 36 months to June 30, 2007. This date xvill allow a couple of years for the economy to improve, before re- commencing the studies and proceeding with the Master Plan and ElS. The regional economy has changed dramatically since the 4th quarter of 2000, when both parties approved the Development Agreement. At that time, asking rents for downtown Seattle Class A office space averaged approximately $41.00. Now they average $29.00 and property owners are less likely to get their asking rents. Vacancies in downtown Seattle were about 1.5 % ~ompared to 16% now. Demand for commerci~l space of all types depends on jobs and Washington currently has one of the highest unemployment rates in the Country. The success of a project like this will depend on the desirability of Kitsap as a location for business and also the relative cost of Kitsap compared to other areas in the region, making Seattle a barometer for demand in Kitsap. While the aforementioned statistics indicate that it is not an appropriate time to proceed with the project, certainly the continued redevelopment of downtown Bremerton will help position Bremerton and Kitsap as an attractive business location once the regional and national economies improve. As previously indicated, we would be happy to meet with Council to make this request if that would be advantageous to the process. If the City is in agreement with the timeline extension requested, please signify by signing below. Sincerely, PORT BLAKELY COMMUNITIES, INC. Elizabeth Wilson Project Manager Cc: John Adams Tom Goeltz The City agrees with extending the timeline contained in paragraph 6.4.1 of the Development Agreement to June 30, 2007 as describe above. Cary Bozeman, Mayor City of Bremerton ORDINANCE NO. ¢~q~) AN ORDINANCE of the City Council of the City of Bremerton, Washington, approving an amendment to the Initial Development Agreement between the City of Bremerton and Port Blakely Tree Farms relating to the submission of the Master Plan and EIS and the time after which the City may give notice to Port Blakely Tree Farms regarding its progress on the Master Plan and EIS and further to make corrections to references to the zoning code relating to development of the Master Plan. WHEREAS, Ordinance No. 4740 approved and authorized the Mayor to sign the Initial Development Agreement between the City of Bremerton ("City") and Port Blakely Tree Farms (Limited Partnership) ("Port Blakely"); and WHEREAS, the Initial Development Agreement was executed on or about January 5, 2001 and recorded under Kitsap County Auditor's No. 200101080083; and WHEREAS, Section 6.4.1 of the Initial Development Agreement allows the City to give notice to Port Blakeley if it does not believe diligent progress is being made with respect to the submission of the Master Plan and EIS. The notice may be given at any time after 36 months from the effective date of the agreement, as extended for any litigation, appeals or other causes beyond the reasonable control of Port Blakely. As extended by litigation and appeals, the Agreement became effective on or about July 3, 2001, the date the court signed the dismissal of the subject litigation; and WHEREAS, Port Blakely has requested an amendment to Section 6.4.1 of the Initial Development Agreement to extend the time after which the City may provide notice to Port Blakely to June 30, 2007; and WHEREAS, staff is recommending that Section 6.4 be deleted in its entirety as an unnecessary condition to development of the Master Plan; and WHEREAS, staff is also recommending that Section 5.3 relating to development of the Master Plan be amended to correct references to the zoning code resulting from subsequent amendments to the code; and WHEREAS, the City Council finds approving the proposed amendment would allow Port Blakely more time and opportunity to proceed with submission ora Master Plan and an EIS for the property and the planning of an economically viable development; and WHEREAS, the City's SEPA Responsible Official has determined that this matter is exempt from SEPA pursuant to WAC 19%11-800(20); NOW THEREFORE, 1 Port Blakely Initial Development Agreement Amendment THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAiN AS FOLLOWS: SECTION1. The proposed "Amendment No. 1 to Initial Development Agreement" attached hereto as Exhibit "A", deleting in its entirety Section 6.4. of the Initial Development Agreement executed by the City and Port Blakely on or about January 5, 2001, and further amending Section 5.3 to correct references to the zoning code relating to development of the Master Plan is hereby approved. SECTION2. The Mayor is authorized to execute "Amendment No. 1 to Initial Development Agreement" in substantially the same form as set forth in Exhibit "A" and approved herein. Amendment No. 1 to Initial Development Agreement shall be effective upon full execution by the parties to the Initial Development Agreement. SECTIONS. Severabilit¥. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 4.. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the day of ,2004 PASSED by the City Council the day of ,2004 DAREN NYGREN, Council President Approved this day of ., 2004 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: PAULA JOHNSTON, Interim City Clerk ROGER A. LUBOVICH, City Attomey PUBLISHED the day of ,2004 EFFECTIVE the day of ,2004 ORDINANCE NO. R:\LEGAL\OrdinancesXPort Blakely Amendment.doc 2 Port Blakely Initial Development Agreement Amendment Return Address: City Clerk City of Bremerton 239 Fourth Street Bremerton, WA 98337 AUDITOR/RECORDER'S INDEXING FORM Document Title(s): 1. Amendment No. 1 to Initial Development Agreement Reference Number(s) of Documents assigned or released: Grantor(s): 1. Port Blakely Tree Farms (Limited Partnership) [] Additional names on page of document. Grantee(s): 1. City of Bremerton [] Additional names on page of document. Legal Description: Ptn$. of Sections 7, 18 and 19, T24N R1E W.M. Kitsap County, WA (abbreviated) [] Additional legal is on page of document. Assessor's Property Tax Parcel/A¢¢ount Number: 072401-4-050-2001, 182401-1-001-2004 182401-1-003-2002 182401-1-004-2001, 182401-1-005-2000 182401-1-006-2009 182401-1-007-2008, 182401-1-008-2007 182401-3-007-2004 182401-4-001-2008, 182401-4-002-2007 182401-4-003-2006 182401-4-004-2005, 182401-4-005-2004 182401-4-006-2003 182401-4-007-2002, 182401-4-008-2001 192401-I-002-2002 192401-1-003-2001, 192401-1-004-2000 192401-1-005-2009 192401-1-006-2008, 192401-1-007-2007, 192401-1-008-2006 192401-1-009-2005, 192401-2-001-2001, 192401-2-002-2000 192401-3-002-2008, 192401-3-003-2007, 192401-4-007-2001 192401-4-008-2000 Exhibit A Amendment to Initial Development Agreement - 1 AMENDMENT NO. 1 TO INITIAL DEVELOPMENT AGREEMENT This Amendment No. 1 to Initial Development Agreement specifically amends the Initial Development Agreement (hereinafter "Agreement") entered into by and between the City of Bremerton, a mnnicipal corporation of the State of Washington, with offices located at 239 4th Street, Bremerton, Washington 98337 (hereinafter "City"), and Port Blakely Tree Farms (Limited Partnership) a Washington limited partnership (hereinafter "Port Blakely"). RECITALS WHEREAS, Ordinance No. 4740 approved and authorized the Mayor to sign the Initial Development Agreement between the City of Bremerton ("City") and Port Blakely Tree Farms (Limited Partnership) ("Port Blakely"); and WHEREAS, the Initial Development Agreement was executed on or about January 5, 2001 and recorded under Kitsap County Auditor's No. 200101080083; and WHEREAS, Section 6.4.1 of the Initial Development Agreement allows the City to give notice to Port Blakeley if it does not believe diligent progress is being made with respect to the submission of the Master Plan and EIS. The notice may be given at any time after 36 months from the effective date of the agreement, as extended for any litigation, appeals or other causes beyond the reasonable control of Port Blakely. As extended by litigation and appeals, the Agreement became effective on or about July 3, 2001, the date the court signed the dismissal of the subject litigation; and WHEREAS, Port Blakely has requested an amendment to Section 6.4.1 &the Initial Development Agreement to extend the time after which the City may provide notice to Port Blakely to June 30, 2007; and XVHEREAS, staffis recommending that Section 6.4 be deleted in its entirety as an unnecessary condition to development of the Master Plan; and WHEREAS, staffis also recommending that Section 5.3 relating to development of the Master Plan be amended to correct references to the zoning code resulting from subsequent amendments to the code; and WHEREAS, the City Council finds approving the proposed amendment would allow Port Blakely more time and opportunity to proceed with submission of a Master Plan and an EIS for the property and the planning of an economically viable development; Amendment to Initial Development Agreement - 2 NOW, THEREFORE, for valuable consideration and by mutual consent of the parties the City and Port Blakely agree as follows: AGREEMENT 1. Section 5.3 of the Initial Development Agreement is amended as follows: 5.3 City Review Procedure. The Master Plan shall be developed by utilizing the procedures applicable to development agreements under BMC 21.02.900 and 21.02.85~21.02.855, i.e. a Type t~ IV City Council decision on a recommendation from the Administrative Hearing Examiner. The Master Plan's adoption by the City Council shall be in the form of an amendment to this Agreement and shall add appropriate Development Standards for build-out of the Project. The Project review will also comply with Sections 7.1 and 7.2 of the Three-Party Agreement as quoted hereafter: 7.1 County Comment on Project Phases. Kitsap County will be given the opportunity to review and comment upon the Master Plan and each phase of the project within the Property prior to approval by the City of Bremerton. The contact person for the County who shall receive all notices and materials from the City shall be the Director of Community Development and delivered to the Kitsap County Courthouse, 614 Division St., Port Orchard, WA 98366, or such other address designated by the County. If the Property is developed in phases, the County will complete its review within ten (10) working days after receiving the plans for each phase. 7.2 Public Involvement. Project review shall include public involvement and participation of interested property owners, Tribes and appropriate agencies and groups. In particular, the City during the environmental review process shall seek input from the Suquamish Tribe. 2. Section 6.4. of the Initial Development Agreement is deleted in its entirety as follows. Amendment to Initial Development Agreement - 3 Amendment to Initial Development Agreement - 4 3. The deletion of Section 6,4 of the ~itial Development A~eement ~d the due diligence and notice provisions relating to the submission of the M~ter Plan ~d EIS contained therein does not ~ant ~ extension to the te~ of the A~eement as set fo~h in Section 6.1 or ~ extension or whver of ~y other te~ or condition contained in the ~itial Development A~eement. F~h~ore, the deletion of Section 6.4 does not remove the ~quirement to mend the hitial Development A~eement prior to ~y development of the prope~y as set fo~h in Section 1.3. All provisions in the hifial Development A~eement shall remain in full force ~d effect except as exp~ssly modified by ~is document. THIS AG~EMENT requires the si~ature of all pa~ies ~d is executed as of the date of the l~t si~ature below. CITY OF B~MERTON PORT BLA~LY T~E FA~S (LIMITED PARTNERSHIP) By: CaryBozeman Its: Mayor By: Date: Its: Date: Amendment to Initial Development Agreement - 5 STATE OF WASHINGTON ) )§ COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that Cary Bozeman is the person who appeared before me, and acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it as Mayor of the City of Bremerton to be the free and voluntary act of such City for the uses and purposes mentioned in the instrument. WITNESSETH my hand and seal this day of ,2004. NOTARY PUBLIC in and for the State of Washington, residing at My commission expires / / STATE OF WASHINGTON ) )§ COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and acknowledged that (s)he signed this instrument, on oath stated that (s)he was authorized to execute the instrument, and acknowledged it as of Port Blakely Tree Farms (Limited Partnership) to be the free and voluntary act of Port Blakely Tree Farms (Limited Partnership) for the uses and purposes mentioned in the instrument. WITNESSETH my hand and seal this day of ,2004. NOTARY PUBLIC in and for the State of Washington, residing at My commission expires / / R:\LEGAL\Contracts~DCD~Port Blakely Contract Modification.doc Amendment to Initial Development Agreement - 6 DATE SUBMITTED: March 2, 2004 BILL # AGENDA BILL CITY OF BREMERTON CITY COUNCIL ........ · ................ · .................................... SUBJECT: Authorizing an Interfund Loan Committee Meeting Date: March 16, 2004 to the General Fund from the Contingency COUNCIL MEETING Date: March 24, 2004 Reserve Fund Department: Finance Presenter: Michael R. Wilson Phone: 473-5590 SUMMARY: The General Fund has a history of cash flow deficiencies occurring twice each year due property tax collection cycles. As a result, the General Fund has an immediate need for an interfund loan in order to meet cash flow needs. The Contingency Reserve Fund was established to support and protect the General Fund in the event of unforeseen and unfunded emergencies. It is proposed that the Council authorize the Director of Finance to make an inte~q ad loan from the Contingency Reserve Fund to the General Fund in an amount not to exceed ~00,000. This loan shall bear no interest rate since the Contingency Reserve Fund functions as a reserve for the General Fund. This loan shall be repaid on or before December 31,200q. ATTACHMENTS: Resolution authorizing an interfund loan from the Contingency Reserve Fund to the General Fund a)o. ,a- ? ~/ FISCAL IMPACTS (Include Budgeted Amount): The 2004 Annual Budget was adopted with provisions to issue an interfund loan(s) to meet the cash flow needs of the General Fund. There is no direct fiscal impact associated with this impact other than the transfer of monies from one fund to another on an interim basis. APPROVALS: DEPARTMENT DIRECTOR: FINANCE DIRECTOR: MAYOR: /'x. CONSENT AGENDA OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: I move to approve Resolution No.2'~Ztauthorizing the Director of Finance to make an interfund loan from the Contingency Reserve Fund (Fund 103) to the General Fund (Fund 001) in the amount not to exceed ~'/00,000. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action RESOLUTION NO. 9, h,3-I A RESOLUTION of the City of Bremerton, Washington, authorizing an interfund loan to the General Fund from the Contingency Reserve Fund. WHEREAS, the fund balance for the General Fund (Fund 001) at the beginning of Fiscal Year 2004 was approximately $763,000; and WHEREAS, the General Fund has a histolT of cash flow deficiencies occurring twice each year due to the collection cycles of property taxes and, as a result, the General Fund has an immediate need for an inter-fund loan in order to meet cash flow needs; and WHEREAS, the Contingency Reserve Fund (Fund 103) was established to provide funding to support and protect the General Fund in the event of unforeseen and unfunded emergency situations; and WHEREAS, reserve cash in an amount sufficient to meet the General Fund's cash flow needs is presently on hand within the Contingency 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 Contingency Reserve Fund (Fund 103) to the General Fund (Fund 001) in the amount not to exceed $700,000 to meet the cash flow needs of the General Fund. This loan shall bear no interest rate since the Contingency Reserve Fund was created for the purpose of providing direct financial support and acts as a reserve for the General Fund. This loan shall be repaid to the Contingency Reserve Fund from the General Fund on or before December 31, 2004. SECTION2. 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. SECTION3. 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 2004. DAREN NYGREN, Council President 1 I 0 i Interfund Loan APPROVED AS TO FORM: ATTEST: ROGER LUBOVICH, City Attorney PAULA JOHNSTON, Interim City Clerk R:~LEGALhResolutions~Finance\lnter-Fund Loan Res 2004 Cash flow.doc 2 lnterfund Loan