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Home My WebLink About01/03/2007 AGENDA lID r: (sOli'\? @[) ~)~:1~1mr00J CilTY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337-1873 D (360) 473-5280 FILE JANUARY 3, 2007 CITY COUNCIL MEETING AGENDA 1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. in COUNCIL CONfERENCE ROOM 603 A. General Council Business 2. CALL TO ORDER: 5:30 P.M. in CHAMBERS lOCATED ON FIRST flOOR A. Pledge of Allegiance B. Invocation 3. COUNCIL OFFICER ELECTIONS 4. MAYOR'S REPORT 5. PUBLIC RECOGNITION & ANNOUNCEMENTS 6. CONSENT AGENDA A. Claims & Check Register (#AB07-001) B. Minutes of Meeting - December 27,2006 (#AB07-002) C. Professional Services Agreement with SCHEER & ZEHNDER LLP for Legal Services (#AB07- 003) 7. GENERAL BUSINESS A. Professional Services Agreement with PARAMETRIX for a Non-Motorized Transportation Plan (#AB07-004) B. State Participating Agreement for Utility Relocations with the Washington State Department of Transportation (WSDOT) on the Downtown Bremerton Pedestrian/BTC Access Improvement Project (#AB07-005) 8. COUNCIL MEMBER REPORTS 9. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING II Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations should contact the City Clerk's Office at (360) 473-5323 by noon on the Monday preceding the Council meeting. CITY COUNCIL MEETING SPEAKERS LIST PLEASE NOTE THAT ALL REQUESTS FOR INFORMATION FROM THE CITY OF BREMERTON MUST BE SUBMITTED IN WRITING. THANK YOU. PLEASE PRINT YOUR NAME BELOW IF YOU PLAN TO SPEAK DURING THE COUNCIL MEETING TONIGHT M.~fl0 ~LL~ ~- LV,} p~ V-\- 1/1. ~ w wt~ Y NLeA- -J. 1\ ~-. DATE SUBMITTED: BILL # 07- oaf AGENDA BILL CITY OF BREMERTON CITY COUNCIL ~A m.........aa.....u.....au.p........a.....a...........aDU........au..m.m..a.n..........a. SUBJECT: Claim & Checks Register Approval Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: Phone: / - 3 -07 Financial Services Cathy Johnson SUMMARY: ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): ApPROVALS: DEP ARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: [ CONSENT AGENDA IS] I FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: -{.2);;:f!71-- / ' RECOMMENDED MOTION: Move to approve: 1) Check#'s 3/3773 _"'3/"?77C:. EFT's C) r;- 'II - 9' Y S- :J. $ 95 3C,5: It, ) $ $ 75;970./0 2) Regular PayroU for 3) Retiree PayroU for 1:<- 3/~(J r; COUNCIL ACTION: ~prove o Deny o Table o Continue 0 No Action AGENDA BILL CITY OF BREMERTON CITY COUNCIL BILL # 0,""" 001. DATE SUBMITTED: ~8 IDD..................................................................................... SUBJECT: Minutes of Meeting - ()ece~ ~71 ?-OO~ Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: N/A :ravr VQ r~ "3) ~oo 7 City Counc 1 Cecil McConnell, Council President (360) 473-5280 Phone: SUMMARY: Attached are the meeting minutes for the Council Meeting held l)~ :;J..-11 ~ 0 ~ A 1fT ACHMENTS: Meeting Minutes for ~ ,:). 7 I ~ 0 0 h }rISCAL IMPACTS (Include Budgeted Amount): None APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: OPERA nONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to pass the CONSENT AGENDA as presented. I CONSENT AGENDA [gJ I COUNCIL ACTION: ~ Approve D Deny D Table D Continue D No Action DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, December 27,2006 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, of the NORM DICKS GOVERNMENT CENTER 345 6th Street, Bremerton, Washington, Wednesday, December 27, 2006, at 5:30 PM, with Council President Cecil McConnell presiding. Council members present were Nick Wofford, Will Maupin, Carol Arends, Dianne Robinson, Mike Shepherd, Adam Brockus, and Brad Gehring. Council Member Wendy Priest was absent. Also present were Assistant City Attorney Ken Bagwell; Legislative Assistant Lori Smith; and Council Assistant Christine Grenier. The Pledge of Allegiance was led by Council Member Brad Gehring followed by the invocation provided by Council Member Dianne Robinson. president McConnell announced that a Pre-Council Session to discuss General Council Business and was held prior to the meeting. pUBLIC RECOGNITION & ANNOUNCEMENTS - There were no comments tonight... ~:ONSENT AGENDA A. Check Numbers 313558 through 313772; and EFT-9428 through EFT-9440 in the amount of $822,590,83 for the period ending December 15, 2006; and Regular Payroll in the amount of $659,578.41 for the pay period ending December 15, 2006 (#AB06-269) 13. Minutes of Meeting - December 20, 2006 (#AB06-287) C. Purchase of Property Insurance (#AB06-289) 05:33:34 M/S/C/U (Brockus/Arends) Move to approve the CONSENT AGENDA as presented. !GENERAL BUSINESS ~A - PURCHASE AND SALE AGREEMENT WITH JEREMIAH WILEY AND SHAYNA MCKINNON ]FOR THE SALE OF THE CAPITAL HILL FIRE STATION (#AB06-290): Phil Williams, Public Works .& Utilities Director, summarized that the City received an offer to purchase the Capital Hill Fire Station for $253,000 from Jeremiah Wiley and Shayna McKinnon. The proposed purchase and sale agreement sets out the terms of the sale. There were no comments from the public. 05:36:29 M/S/C/U (Arends/Robinson) Move to declare the real property known as the Capital Hill Fire Station as surplus to the City's needs; to approve the purchase and sale agreement between the City of Bremerton and Jeremiah Wiley and Shayne McKinnon, and authorize the Mayor to finalize and execute the same with substantially the same terms and conditions as presented; and further, to authorize the Mayor to execute any and all documents necessary to close the transaction. 58 - PURCHASE AND SALE AGREEMENT WITH ROBERT ZAUPER FOR THE SALE OF REAL PROPERTY LOCATED AT 124 NORTH CALLOW AVENUE (#AB06-291): Phil Williams, Public Works & Utilities Director, stated that the City received an offer to purchase real property located at 124 North Callow Avenue for $41,600 from Robert Zauper. The proposed purchase and sale agreement sets out the terms of the sale. There were no comments from the public. City Council Reg. Mtg. Minutes VVednesday, December27,2006 Page 2 of 2 O!i:39:29 M/S/C/U (Arends/Robinson) Move to declare the real property located at 124 North Callow Avenue as surplus to the City's needs; to approve the purchase and sale agreement between the City of Bremerton and Robert Zauper, and authorize the Mayor to finalize and execute the same with substantially the same terms and conditions as presented; and further, to authorize the Mayor to execute any and all documents necessary to close the transaction. With no further business, President McConnell wished everyone a "Happy New Year" on behalf of the Council; and adjourned the Council Meeting at 5:40 PM. The Council reconvened in the Council Conference Room for a STUDY SESSION to hear presentations on. upcoming agenda items. prepar. ed and SUb~ed Z; f;8lC ~) LORI SMITH Legislative Assistant Attest: PAULA JOHNSTON, City Clerk - CECIL McCONNELL, City Council President CM:PJ:ls:cg DATE SUBMITTED: December 20, 2006 BILL # 07 - 00.3 AGENDA BILL CITY OF BREMERTON CITY COUNCIL ,c .~.a.................................................................................... SUBJECT: Professional Services Agreement with Scheer & Zelmder LLP for legal services Committee Meeting Date: December 27,2006 COUNCIL MEETING Date: January 3,2007 Depmiment: City Attorney's Office Presenter: Roger A. Lubovich Phone: 473-2345 SUMMARY: The City Attorney's Office employs outside legal counsel to assist in the representation of the City of Bremerton in specialized areas. Scheer & Zehnder, LLP provides legal representation for the City and its employees. The proposed professional services agreement retains Scheer & Zehnder LLP to provide legal representation on an as needed basis. ATTACHMENTS: Proposed Professional Services Agreement FISCAL IMP ACTS (Include Budgeted Amount): Funds are budgeted in the 2007 budget for Risk Management and the City Attorney's Office to fulfill the terms of the contract. AJPPROV ALS: DEP ARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: I CONSENT AGENDA~ Move to approve the Professional Services Agreement between the City of Bremerton and Scheer & Zehnder LLP, ratify all payments made to date, and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action .?', PROFESSIONAL SERVICES AGREEMENT The City of Bremerton ("City") and Scheer & Zehnder, LLP ("Retained Counsel"), refelTed to collectively as the "Parties," enter into the following Agreement for professional services: L Scope: Retained Counsel will represent the City of Bremerton on an as needed basis in matters related to municipal govemment services as directed by the City Attomey. II. Term: This Agreement commences upon execution by the Parties and shall continue in full force and effect until terminated pursuant to Section V of this Agreement. III. Compensation: The City shall pay Retained Counsel hourly rates for services as follows: $195.001hr. for Partners, $155.00/hr. for Associates, and $90.00/hr. for Paralegals. Out of pocket expenses will be reimbursed in accordance with Retained Counsel's standard billing practices. The Parties agree that the hourly rates for services stated herein may, from time to time, and upon approval by the City Attomey, be adjusted to reflect current market rates and conditions. IV. Insurance: Retained Counsel shall provide Certificates of Insurance to the City's Risk Manager verifying the following coverage: a professional liability policy ("E&O") providing coverage of One Million Dollars ($1,000,000) for errors and omissions committed by Retained Counsel while performing its obligations under this Agreement. The policy shall remain in full force and effect, and provide coverage for the full term of this Agreement. Insurer shall provide the Risk Manager with thirty (30) days' written notice of any cancellation or change of coverage of the policy. V. Termination: The Parties agree that this Agreement will continue in full force and effect until terminated. The City may terminate representation at any time, with or without cause upon written notice to Retained Counsel. Retained Counsel reserves the right to withdraw from representing the City if fees are not timely paid, or for any other appropriate cause. VI. General Conditions: A. Reports and Information: When requested by the City Attomey or a Bremerton Assistant Attomey, Retained Counsel shall fumish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be fumished in the time and form requested. B. Entire Agreement: This Agreement 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. C. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. D. Modification: This Agreement may only be modified by written instrument signed by both Parties. E. Notices: Notices shall be in writing and delivered to the following addresses: CITY: RET AINED COUNSEL: Roger A. Lubovich, City Attomey City of Bremerton 345 Sixth Street, Suite 600 Bremerton, W A 98337 John E. Zehnder, Jr. Scheer & Zehnder, LLP 701 Pike Street, Suite 2200 Seattle, W A 98101 1 !" " . F. 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 a waiver of any other right or power. G. Compliance with Laws: Retained Counsel shall comply with all applicable Federal, State and local laws in perforn1ing its obligations under this Agreement. H. 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. I. 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 attorneys' fees. CITY OF BREMERTON SCHEER & ZEHNDER, LLP By: Its: Date: By: Roger A. Lubovich Its: City Attorney Date: APPROVED AS TO FORM: Roger A. Lubovich, City Attorney R:\Legal\Legal\Contracts\LEGAL\2006 Scheer & Zehnder Agreement.doc 2 AGENDA BILL CITY OF BREMERTON CITY COUNCIL BILL # 67-{Xif DATE SUBMITTED: December 20, 2006 7A .m....................................................a................................. SUBJECT: Professsional Services Agreement with Parametrix for a Non- ~10torized Transportation Plan Committee Meeting Date: December 27,2006 COUNCIL MEETING Date: January 3, 2007 Department: PW&U, Engineering Presenter: Michael Mecham Phone: 473-5288 SUMMARY: The Engineering Division has selected Parametrix to develop a Non-Motorized Tranportation Plan. The plan will address safe routes to schools, bicycle routes and walking routes to important destinations throughout Bremerton. ATTACHMENTS: 1. Council Summary; 2. Professional Services Agreement FISCAL IMPACTS (Include Budgeted Amount): $50,000 was budgeted in a budget adjustment in 2006 and $50,000 was budgeted in the 2007 Budget. The consultant fees are $99.975.86. ~"{.CO(., ~~~~-t-o....\IY.Q-.)-~ '\.I..J\\\ ~ ~ \0. e.... CJl.'C-T"".\.cU;;) ~~~~~ ,'^-~ "'Z~--, - "-<;,,\,)\v-\~ APPROVALS: ,\O>~~\- e;.-~.~//7~.~j / 0 IJ DEPARTMENT DIRECTOR: ..t- " .. .:9;0J~" CITY ATTORNEY: ( FINANCE DIRECTOR: MA YOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: t~l/' I CONSENT AGENDA 0 I RECOMMENDED MOTION: Move to approve the Professional Services Agreement with Parametrix for the Non-Motorized Transportation Plan and authorize the Mayor to finalize and execute the necessary documents for this agreement", 0.-0 ~ c:... '"""<!. ~ ~ t,O::)\ '0 ~ ~ \- ~ c.u.'f"'f"~ ~'f'~CI-~ \\'a:)\~ o~ z...C:!::Jo \O~~'"~ ~y~~ S\:.\')".. \-\""''''> ~'V'-~ _ COUNCIL ACTION: 0 Approve 0 Deny 0 Table 0 Continue 0 No Action Ab, 2006 Agenda Bills, PSA Non-Motorized Transportation Plan NON-MOTORIZED TRANSPORTATION PLAN COUNCIL SUMMARY One of the goals of the City is to provide amenities that address non-motorized transportation facilities. In a budget adjustment in 2006, $50,000 was approved for a Non-Motorized Transportation Plan. An additional $50,000 was budgeted in 2007 for the plan. Engineering staff reviewed Statements of Qualifications fwm engineering firms on the Engineering services list. Two firms were determined from the Statements of Qualifications to have the best experience. Perteet and Parametrix were asked to give oral presentations. From the presentations it was determined that Parametrix was the most responsive firm. The plan will discuss the following items: . Bicycle Routes . Safe routes to schools . Handicap facilities . Recreational walking . Develop a Capital Program PROFESSIONAL SERVICES AGREEMENT Non-Motorized Transportation Plan The City of Bremerton ("City") and Parametrix ("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 December, 2006, 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 VILG. of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit B; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in section IX (A) of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $99,975.86. Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit C. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit C. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such witllliolding does not relieve Consultant of its obligations under this Agreement. BremertonlParametrix Non-Motorized Transportation Plan Page 1 of6 IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other Consultants. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-Consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-Consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance,. Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement, except for that portion of the injuries and damages caused by the City's sole negligence. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. BremertonlParametrix Non-Motorized Transportation Plan Page20f6 VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-Consultants. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCD) if applicable; and employer's liability; and 3. Excess Liability insurance with limits not less than 1,000,000 limit per occurrence and aggregate. 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim. Any payment of deductible or self insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a "claims-made" basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant's insurance shall be primary insurance as respects the City and the City shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. BremertonlParametrix Non-Motorized Transportation Plan Page 3 of6 VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Bremerton, 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. 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. D. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Bellevue, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. E. 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. BremertonlParametrix Non-Motorized Transportation Plan Page 4 of6 F. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. G. Modification: This Agreement may only be modified by written instrument signed by both Parties. H. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1 st 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 Eduardo Aban City of Bremerton 3027 Olympus Drive Bremerton, W A 98310 Consultant Address John Perlic Parametrix 411 108th Avenue NE, Suite 1800 Bellevue, W A 98004-5571 1. 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. J. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. K. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. L. 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. M. 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. N. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, or disability, except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the Bremerton/Parametrix Non-Motorized Transportation Plan Page 5 of6 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. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion ofthe work, the City may summarily terminate this Agreement. A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. CITY OF BREMERTON P ARAMETRIX By: its: Date: By: its: Date: Approved as to form: Attest: Bremerton City Attorney City Clerk R:\Legal\LcgaJ\Contracts\PUBLlC wo RKS\Non-motorized transportati on .PSA.doc BremertonlParametrix Non-Motorized Transportation Plan Page 6 of6 EXHIBIT A HI~';""'&'~~~ 1\:":" '." . . SCOPE OF WORK ,.,'. I, ' , '" .,'.~ :.."';~I;;'~~~'.I'~<I.j,iqf,~J~ltY r: ~"< . '.. , . ..' ." . '. " .. ' " ' 1 i' ~:i. .;5" fIii. t City of Bremerton Non-Motorized Transportation Plan Task 01 - Project Management Task Objective To monitor the project scope of work completion, schedule, and budget, and communicate status with the City of Bremerton project manager Approach The Parametrix Team will prepare a brief proj ect management plan (PMP) at the beginning of the project to document the scope of work, schedule, budget, contact list, and general roles and responsibilities of the project team. The PMP will be distributed to all team members including Alta and City of Bremerton staff. Monthly invoices will be prepared, including a progress report summarizing work accomplished, changes, and upcoming work. Assumptions . Up to two updates to the project management plan will be prepared to document project changes Deliverables . Draft Project Management Plan . Final Project Management Plan . Monthly Invoices Task 02 - Community Outreach and Participation Task Objective To obtain community input and ideas on pedestrian and bicycle facility improvements Approach The Parametrix Team will arrange stakeholder meetings with the following groups through two all-day workshops with: . Bremerton School District . City of Bremerton Public Works, Planning, and Parks staff . City of Bremerton Neighborhood Group representatives . West Sound Cycling Club City of Bremerlon Non-Molorized Transportation Plan Scope of Work I December 2006 I ; <-;;,r,e '., .', SCOPE OF WORK (CONTINUED) , . '. :'<-,..;.: ""g~,~;,.,. . Olympic College students, faculty, and staff . Harrison Hospital staff . Kitsap Transit . Washington State Ferries The first workshop would be held early in the plan development process to obtain input and ideas on pedestrian and bicycle system deficiencies, safety concerns, and ideas for project improvements. Later in the process, a second workshop would present the Draft Plan and request input from the stakeholders on specific improvements and priorities. Each workshop would be organized similar to a design charette, where the individual stakeholder representatives would be invited to provide input at a specific time. Parametrix team members would facilitate the discussion around a series of questions designed to elicit creative thinking. At the end of the day, the Parametrix team and City of Bremerton staff would invite other community members to an open house to provide an opportunity to share input from the stakeholder workshop and seek broad public input into the process. The Parametrix Team would organize the meeting logistics, set the agenda, facilitate the meeting, prepare a meeting summary and follow up with ongoing tasks for each of the public meetings. Information about the public workshops/open houses will be disseminated through mailings, flyer posting, e-mail, and websites. The information may be in the form of a fact sheet, press release, flyer or letter, depending on which is most appropriate. The Parametrix Team will also complete the public participation process at final meetings at the City of Bremerton Planning Commission and City Council. These meetings would provide for the formal review and approval of the Non-Motorized Transportation Plan. Assumptions . The Parametrix Team would have lead responsibility for preparation of meeting materials including boards, displays and handouts at the two public workshops/open houses. . City of Bremerton staff would be responsible for sending invitations to stakeholder groups, and advertising the open house meetings. . The Parametrix Team would lead the Bremerton Planning Commission and City Council presentations with support from City of Bremerton staff. Deliverables The community outreach and participation process will include a total of 4 (four) meetings: . Two all-day workshops/open house meetings, . One meeting with the City of Bremerton Planning Commission to reVIew the Draft Non- Motorized Transportation Plan . One meeting with the Bremerton City Council to approve the Non-Motorized Transportation Plan City of Bremerton Non-Motorized Transportation Plan Scope of Work 2 December 2006 ;, :-:"'. .":~.,: "". SCOPE OF WORK (CONTINUED) . . ' :"~ '". :<~ :.: Task 03 - Existing Conditions Inventory Task Objective To collect and sumrriarize existing non-motorized transportation system information Approach The Parametrix team will determine the adequacy of existing conditions for bicyclists and pedestrians through data contained in the City's Transportation Plan, roadway inventory, and accident records and from field observations. The Parametrix Team will conduct supplemental fieldwork to review the condition of crosswalks, transit stops, and high-volume pedestrianlbicycle use areas such as the Bremerton Transportation Center, Manette neighborhood, Olympic College, and schools. We will summarize the attributes of existing facilities in the City based on our observations. Given the varied needs of bicyclists and pedestrians, we will conduct separate reviews for bicycle and pedestrian circulation. The Parametrix Team will also conduct street-level field review and analyze the condition and adequacy of existing bicycle routes. We will examine the location, design, and functionality of those facilities. Throughout the course of this analysis, we will keep in mind the needs of a variety of users. We can divide bicyclists according to their use of a bicycle for commuting, also called utilitarian use, or for recreation. Utilitarian cyclists need to be able to bicycle all the way to their destinations, whether that is a commercial center, a store, school, or to a doctor's office. On the other hand, many recreational cyclists would prefer to stay away from such destinations. The needs of pedestrians vary as well. Able-bodied adults frequently maintain walking speeds that are greater than children, seniorcitizens, and people with disabilities. They are also more skilled at navigating through intersections. As we examine existing pedestrian conditions, we will keep in mind the needs of those who do not walk fast, those with less peripheral vision and awareness, and people who are otherwise disabled. The Parametrix Team will also review bicycle and pedestrian collision data compiled by the City of Bremerton and WSDOT. We will review and summarize the overall number of collisions, their locations, as well as other information kept in records. The Parametrix Team will collect existing traffic count data (our team has much of this already) and review the level of service on existing bicycle routes from information in the Bremerton Transportation Plan. Traffic data will also be compiled for other key facilities as well. This data will be utilized in subsequent tasks as they relate to the identification of opportunities and constraints for new bike and pedestrian facilities. We will also collect information regarding enforcement policies of the Bremerton Police Departments and provide an assessment of the adequacy and effectiveness of these programs. City of Bremerton Non-Motorized Transportation Plan Scope of Work 3 December 2006 ': . 00'" 0 SCOPE OF WORK (CONTINUED) . : 0, ..o..:,~...:}. o. ". Assumptions · City of Bremerton staff will provide traffic accident, recent traffic counts and roadway inventory information . City of Bremerton staff will provide available information on the presence of ADA accessible curb returns · City of Bremerton staff will assist with coordination with the Bremerton Police Department on enforcement policies Deliverable · Existing condition section of the draft and final report. Task 04 - Identify Non-Motorized Transportation System Deficiencies Task Objective To identify bicycle and pedestrian system deficiencies in the City of Bremerton Approach The Parametrix Team will use a combination of information gathered from the Existing Conditions Inventory and a questionnaire to determine what the needs of bicyclists and pedestrians in Bremerton are, as well as to prioritize these needs. We will develop, circulate and tabulate data from a bicycle and pedestrian needs focused survey. The intent of the survey questionnaire is to identify and prioritize some of the needs of the community. The questionnaire may solicit information about demographics, route preferences, facilities, safety issues, and other behaviors related to bicycling and walking. Questionnaires will be distributed at the public workshops and through other informational outlets such as the Olympic College and the Bremerton Transportation Center. These surveys will be tabulated and analyzed. The survey analysis will be used to determine: · identification of general facility and program needs for bicycle and pedestrian development within Bremerton · location of most needed bicycle facility improvements and type · location of most needed pedestrian facility improvements and type · planning and implementation priorities of the general public · potential safety conflict locations Next, The Parametrix Team will determine the adequacy of the existing bicycle facilities for the following cri teria: . safety . connectivity . network completeness City of Bremerton Non-Motorized Transportation Plan Scope of Work 4 December 2006 . :. ': '",." ,'. ' SCOPE OF WORK (CONTINUED) ':- " .' ;'. < ,':; ~', ',':' . ability to serve work centers, shopping, residential areas, parks, schools, the CIVIC center, community centers, transit links, and other important destinations . accessibility . convemence . ability to serve different bicyclist user groups We will identify gaps in the bicycle route network and areas ofthe City that are not well served. We will also identify the needs of the various users that are not well served, We will also conduct a general review and analysis of those pedestrian facilities which experience the highest activity levels including: . Employment Centers Harborside District Downtown Bremerton and Other Commercial Centers Local Public Schools Olympic College Multi-modal Transportation Connections Local and Regional Parks Community Centers and Libraries . . . . . . . The existing pedestrian facilities in Bremerton will be evaluated for continuity, convenience barriers for disabled persons, and access. System continuity is defined as providing the user the opportunity to travel in a reasonably direct line from an origin (a residential neighborhood typically) to a destination. The existing system will be reviewed to determine existing gaps, barriers, and bottlenecks that prevent facility users from traveling to destinations within a neighborhood, throughout the region, and to connecting points within the region. The existing system will be reviewed for general user convenience in terms of: · accessibility from points of origin (coverage), · comfort level of streets used in terms of vehicle traffic, crossing protection, lane width, driveways, and other items, · topography and grades, · support facilities such as benches, and drinking fountains at major destinations, and · coherence of the system to the average user attempting to reach an unfamiliar destination Assumptions · The Parametrix Team will develop the questionnaire/survey form and summarize survey results · City of Bremerton staff will assist with survey distribution and collection City of Bremerton Non-Motorized Transportation Plan Scope of Work 5 December 2006 t...., .. ,! ";'.'" ' . SCOPE OF WORK CONTINUED) ',., . . . . :f;':':':: ;..; ::': ,':' Deliverable . Section of the final report and maps depicting non-motorized transportation system deficiencies in the City of Bremerton Task 05 -Identify Bicycle and Pedestrian Facility Improvements Task Objective To identify non-motorized facility projects and programs for future implementation Approach The needs analysis will lead to a set of recommendations for bicycle and pedestrian network improvements. The key objective of this effort will be to evaluate the proposed network consisting of bicycle and pedestrian facilities. The Parametrix Team will focus on primary (or regional) and secondary routes, design and operating standards for the installation of bicycle and pedestrian improvements, new safety and marketing programs, and a detailed implementation strategy focusing on developing feasible and competitive projects for available State and Federal funding. The evaluation framework generally consists of criteria such as need, safety, available right of way, connectivity and directness, grades, barriers, multi-modal linkages, safety and conflicts, and security. Typical criteria used to develop recommended bicycle and pedestrian routes and facilities include: . Connectivity - provide connectivity between existing sidewalks, routes, lanes, or paths. Major gaps and barriers, including narrow roadway segments, should be targeted as high priority items. . Multi-Modal Coordination - take advantage of multi-modal connections, including ferry and bus transfer stations, transit terminals and shuttles to major destinations. . Accessibility - be accessible from residential neighborhoods and connect to major destinations within Bremerton, including parks, community centers, employment centers, schools, and commercial centers. Existing and future activity center maps will be used to identify any changes in the location of major destinations in the region, including transit centers, employment centers, entertainment venues, and other destinations. . Convenience - provide reasonably direct routes from residential areas to major destinations. . Aesthetics - both recreational and commuting users prefer to ride along streets and through areas that are shaded, have visual relief, or offer other visual amenities. . Usage - serve the greatest number of commuters and recreational users possible, focusing on major destinations. Potential usage will be determined through field observation, surveys, and feedback from staff and project stakeholders. City of Bremerton Non-Motorized Transportation Plan Scope of Work 6 December 2006 '.- 0.... ,; "' 0 " SCOPE OF WORK (CONTINUED) ", ':', ~", " :'~ "." . Safety - provide the highest level of safety possible while mitigating major safety concerns such as narrow roadway segments. This will be determined through discussions with staff, field observations, and the accident analysis. We will also identify high vehicular traffic locations and present the opportunities and constraints associated with the proposed bike and pedestrian vis-a- vis general circulation. . Planned Roadway Improvement Projects - take advantage of planned roadway improvements that may accommodate bicycle facilities with relatively little additional cost. . Coordination With Existing Plans - identification of consistency with other local, County, and regional plans Bicycle Facilities The Parametrix Team will recommend a network of bicycle facilities including bicycle lanes, shared use paths, and neighborhood bicycle routes (called bicycle boulevards or routes) and supporting amenities. All proposed bikeway facilities will be described by the classification system developed by AASHTO in "A Policy on Geometric Design," and by the latest research conducted by FHW A on bikeway planning and design. The classification system consists of the following categories: · Shared Use Paths: bicycle or multi-use paths separate from roadways, with at-grade or grade- separated crossings · Bike Lanes: striped bicycle lanes, typically on the right-hand side of roadways · Bike Routes: shared roadways, often in neighborhoods, on which traffic calming, intersection treatments, signage, and other improvements ensure safe and convenient shared use. Also refers to major roadways that provide adequate shoulder or curb lane width and signing, but no striping. Building off of the existing network, The Parametrix Team will propose a network of bikeways. Prior to recommending specific routes, we will confer with the stakeholder group and the larger public to learn of the preferences for vehicle lane widths, the type of streets on which the City is willing to put bikeways, and other pertinent details. We will select candidate routes to consider for bikeways before going into the field. Each of these candidate routes will be measured from curb to curb, explored by The Parametrix Team staff via bicycle, and assessed for its potential as a bikeway. We will develop recommendations as to what can be done to improve selected streets or corridors as bikeways. We will describe the classification of each of the recommended routes, their starting and ending points, as well as the destinations and neighborhoods they will serve. We will propose typical cross-sections of each of the recommended streets with added bike lanes including typical lane widths and restriping that would be needed. We will describe any paving, striping, signage, and other improvements needed to create each of the bikeways. We will also prepare a cost estimate for each bikeway. Bicycle Parking and Support Facilities The Parametrix Team will recommend a public bicycle-parking program focused on employment centers, major shopping centers, public buildings with high rates of visitors, and schools. Bicycle parking improvements recommendations for these locations will include: City of Bremerton Non-Motorized Transportation Plan Scope of Work 7 December 2006 ~,,'f ".":,, " SCOPE OF WORK (CONTINUED) '", . ".'.:". .".~:,;:,. · the appropriate type of bicycle parking for each location (racks or lockers) . design standards for bicycle racks that are easy to lock to, support bicycles well, and are suitable to be placed in public spaces . the availability of physical infrastructure to accommodate bike racks in parking lots and on sidewalks · general design standards for appropriate bicycle parking locations · an approximate number of bicycle parking devices needed region-wide; and, . a cost estimate for the program. The bicycle parking program will focus on use public right-of-way and lands, such as sidewalks and parking lots. Additionally, we will recommend means of retrofitting existing commercial and retail buildings to include bicycle parking. The Parametrix Team will recommend guidelines for employment site amemtIes that accommodate bicycle commuters. These amenities will include bicycle parking, showers, and clothing lockers. The guidelines will include: · the appropriate type of bicycle parking needed · the number of bicycle parking spaces needed according to land use type and size · appropriate locations for bicycle parking along with spacing recommendations · an adequate number of showers and clothing lockers according to land use type and size These guidelines will be suitable for developer requirements or as a regulating ordinance. Pedestrian Facilities Based on our findings from the existing conditions analysis and needs analysis, The Parametrix Team will develop specific recommendations to improve the pedestrian environment in Bremerton. The primary focus will be locations having the highest numbers of recorded pedestrian accidents. The secondary focus will be areas documented as having the highest level of pedestrian activity. We will propose specific improvements and at ten to fifteen of the highest priority locations. Recommendations may include such intersection enhancements as: · new crosswalks · enhanced crosswalks · refuge islands · new pedestrian signals · improved signage or pavement markings · curb extensions · in-pavement flashing markers · countdown signals · wider sidewalks · ADA ramps or improvements to existing ramps, City of Bremerton Non-Motorized Transportation Plan Scope of Work 8 December 2006 II~ ,~> > ',: > " SCOPE OF WORK (CONTINUED) , . , ,: " ' ": .:, We will prepare general recommendations for improving the walking environment along Bremerton's residential streets. These recommendations may include such improvements as: · decorative street lighting · street furniture · improved landscaping · improved ADA ramps; and, · sIgnage Safe Walk Routes to School Improvements Safe Routes to School programs help encourage more children to bicycle and walk to school through engineering, education, encouragement, and enforcement. The Parametrix Team will work with the stakeholder group to develop programmatic and site-specific safe routes to school recommendations for the community. Ultimately, safe routes to school plans are co-operative ventures, and their success depends on informing, consulting, and involving everyone with an interest in the project. The Parametrix Team will establish a framework for the City of Bremerton and the local school district to carry out this process. The Parametrix Team will identify eXIstmg general barriers to walking to school, including school policies, and propose feasible projects for eliminating those barriers. We will recommend programs to increase the number of children walking to school, and suggest methods to integrate pedestrian systems linking schools with other community trip generators. The plan will also provide tested strategies that can be adopted by the School District. Depending on map resources available to the consultant, The Parametrix Team will create a "Route to School Map" for up to two selected neighborhood schools. The Parametrix Team will prepare a route and targeted improvement map for each of the target schools. Each school plan will include a description, cost estimate, and photograph of the location for each high priority project, up to three projects per school (as available information permits). Additional projects will be provided in tabular form with a project location, planning level cost estimate, and photograph. Assumptions . The Parametrix Team will lead the identification of project improvements in this task with support and input from City of Bremerton and Bremerton School District staff Deliverables . Section of the final report and maps depicting non-motorized transportation system improvements in the City of Bremerton . "Route to School Map" for up to two selected neighborhood schools City of Bremerton Non-Motorized Transportation Plan Scope of Work 9 December 2006 "~,'.,::;- " "'. ' SCOPE OF WORK (CONTINUED) , . . ,',',' .\:' , :. Task 06 - Plan Implementation and Funding Strategy Task Objective To develop a strategy to implement the plan and seek funding for individual projects Approach Recommended bicycle, pedestrian, and safe routes to school programs and improvements will be ranked according to long range comprehensive plan criteria and submitted to city staff and the stakeholder group for review and comments. These criteria will include those listed below and others developed with the stakeholder group. . Closure of a critical gap or correction of an existing system bottleneck Improvement or program that serves an immediate safety need Segment which will attract high usage Current availability and/or suitability ofright of way Service to a previously neglected part of Bremerton Cost effectiveness Projected reduction in vehicle trips and vehicle miles traveled Integration into the existing regional bikeway system Interface with other modes Local political and community support . . . . . . . . . The recommended programs and improvements will next be evaluated according to specific criteria listed in funding sources such as SAFETEA-LU. Each source requires a different type of project and documentation of impacts and benefits. Because of this, the selected routes or improvements will be developed in sufficient detail to qualify for the most stringent program requirements. Other criteria to be applied from SAFETEA-LU include an emphasis on commuter routes, coordination with adjoining community bikeways, coordination with other modes (transit), a completed and adopted bikeway plan, and compatibility with regional transportation plans. Our Team will work closely with the stakeholder group and staff throughout the selection and ranking process, lending expertise on funding, planning, and design guidelines when required. We will also conduct another field review to crosscheck the feasibility of certain sections, which may present implementation challenges. A phasing plan will be developed based on the ranking outcome combined with (a) funding availability and requirements, (b) other programmed transportation improvements, (c) eliminating an immediate bottleneck or safety hazard, and (d) ensuring that the system grows rationally rather than as a series of disconnected pieces over time. The Phasing Plan will recommend a ranking (short-term, intermediate- term, and long-term) to complete a system over the next 10 to 20 years. City of Bremerton Non-Motorized Transportation Plan Scope of Work 10 December 2006 : ,', ~ 1<, ,.,: '. " SCOPE OF WORK (CONTINUED) '. , ;', :,::".~ ' .. ';;::'" Each segment will be evaluated according to an estimated cost-per-mile and estimated on-going maintenance and operation costs by implementation phase based on comparable experiences. Departmental responsibility will also be identified, as will the relationship to possible funding and other specific requirements. The Parametrix Team will identify major federal, State, Regional and local funding sources for the proposed bicycle, pedestrian and safe routes to school project. Cost estimates of the phased improvements will be compared with funding needs, so that long term programming for local matching funds can be accomplished. This will include estimates of operating and maintenance costs that are usually borne by local governments. A table identifying available funding sources and applicability to specific priority projects will be provided in the final report. Assumptions · The Parametrix Team will lead the preparation of preliminary project cost estimates, with assistance from City of Bremerton staffregarding recent unit price information . The Parametrix Team will lead preparation of funding source identification supplemented by City of Bremerton Staff experience and knowledge of existing funding sources Deliverable · Section of the final report summarizing preliminary cost estimates and funding sources for non- motorized transportation system improvements in the City of Bremerton Task 07 - Draft and Final Report Task Objective To prepare draft and final non-motorized transportation plan documents Approach The Parametrix Team will prepare draft and final reports. The reports will include: · title page · table of contents · executive summary · discussion of existing conditions · needs analysis and survey results · conclusions · bicycle facility improvement recommendations (short-, intermediate-, and long-term) City of Bremerton Non-Motorized Transportation Plan Scope of Work 11 December 2006 f ',', ',:, - SCOPE OF WORK (CONTINUED) ,'" ,.; :,,:. ,', ,; · pedestrian facility improvement recommendations (short-, intermediate-, and long-term) · school access recommendations (short-, intermediate-, and long-term) · appropriate tables, figures, and appendices · references and bibliography · technical appendices (as required) The pedestrian section of the report will include a prioritized list of recommended projects, project sheets with detailed descriptions of the top 10 to 15 priority projects, and cost estimates as well as an implementation plan. The plan report will also include maps and graphics that depict facility improvements rangmg from bikeways and bicycle parking to intersection improvements and signage. Assumptions · The Parametrix Team will lead preparation of the Draft and final reports · City of Bremerton staff will be responsible for providing one consolidated set of comments from the internal review team on the Draft report Deliverable . Five hard copies and an electronic version of the Draft Non-Motorized Transportation Plan . Twenty hard copies and an electronic version of the Final Non-Motorized Transportation Plan City of Bremerton Non-Motorized Transportation Plan Scope of Work 12 December 2006 Bremerton Non-Motorized Transportation Plan 10 ! Task Name Duration Start Finish ~"____Q!):..Ll.Q~.__~_"---Qt\-?,_2.QQl+____.._.. I . . . F ! Mar ! A r , Ma ! Jun ! -------n'iOjeciManagement-----------------------192- days----ThU2I1/0T---Fi116/2SiC)7. . i -TidCommunityOuireachandParticipaiion 145 days Mon 2/26/07! Fri9J14/0i! ! . 3 d Initial StakehCllderWorl<.shop 5 days! .. .. MClnV26iOi .. ...... Fri3iv07I _._~__j secondsiakeholderWorkshop 5 days Mon 6/25/07. Fri6i29ioi! ~ 5 Planning Commission andCilyCounc:iIMeeiings 5 days Mon 9/10107! d. Fri9h4/07j 6 --I ExistingConditiOnslnventory2idays Thu 2/1/07 Fd3/9/0il 7 d jTdentifySystemDeficienc:ies 35 days Thu 2/8/07 Wed3i28ioil 8----i Identify System Improvements . 40 days Thu 3/29/07 .... WedS/23/oil ---if~-tPlanlmPlemeniation and Funding 35 days! Thu 5/24/07 'Wed 7/11/oil 101 Draft Repoif. 4Sdayso' Mon 7/2/07! Frlsi3ii071 ! ....,....."..........".....---,. I ____.~:_~.I~~~~~~_~____________.______"______"____________~___~~:~_s._._~_~~~..~~~~7______~r~1_~~~_07 !..____________~_______________ till IIBELl-FS 11PROJECTSICHenlsl 189S-City of BremertonlBremerton Non-Moterized Plan\Schedule\Non-Molorized Plan_121 916.mop c:o E-< >-< e3 ~ f.Ll PARAMETRIX BUDGET ESTIMATE Form 01-PD-41/Rev. 01106 PROJECT: Non-Motorized Transportation Plan CLIENT: City of Bremerton PMX# BilliNG Project T ransp. J GIS Tech Aide Design Graphics Word Principal MULTIPLIER: STAFF Manager (Maron) Engineer (Burton) Processing (Webb) (Perlic) Planner (Chen} (Wainhouse) (MacDonald) TOTAL TOTAL PHASE TASK ORG CODE 3.10 BILL RATES 118500 $85.00 $86.00 165.00 1133.00 19100 $5800 1146.00 HOURS COST - ~ 1 Project Management 4 12 $1,260.00 -- I I 2 Community Outreach and Participation 32 16 16 8 4 76 $9,968.00 3 Existing Conditions Inventory 8 40 ---1- 48 $4,880.00 4 Identify System Deficiencies 16 32 4 i 52 $6,024.00 5 Identify System Improvements 20 40 I 60 $7,100.00 - 6 Plan Implementation and Funding 8 24 32 $4,67200 -- I 7 Draft and Final Report 20 48 18 20 16 16 2 140 $13,304.00 -- - ~ (--- -- -, -- - =+- -.--- - -- ~- 1-- .-- ~ I --- - -- . I--- I -- -- - 1- -- I -- -- - I -- I Labor Subtotal at Current Salary Rates 108 176 38 28 24 24 16 6 420 $47,208.00 Estimated % of project completed before next salary increase Additional Labor Cost Salary EscalatiOn Estimated % of next salary increase from salary escalation In-House Expense Item Quantity Unit Cost Unit I Direct Cost r;:;:::-:c'c,,- t: , $0.445 mile i'. " I $0.10 sheet J $100 sheet $2.00 sheet $15.00 each I U Outside Expenses Description Direct Cost % Markup liitI..'t ..... Other Expenses Direct Expenses @ 6% of labor $47,208.00 6% $2,832.48 15% Alta $47,557.50 5% $49,935.38 Subconsultants 10% 10% PROJECT TOTAL $99,975.86 Prepared By: Reviewed By: Approved By: (Project Manager) (Division Manager) (Principal) EXHIBIT C Pioject Delivery System Page 1 of 1 File Name: Bremerton Non-Motorized Plan Budget Date Printed: 12/21/2006 PARAMETRIX BUDGET ESTIMATE Form 01.PDA1/Rev. 01/06 PROJECT: Non-Motorized Transportation Plan CLIENT: City of Bremerton PMX# BILLING Project Planner I Designer Clerical [ I MULTIPLIER: STAFF Manager (Birk) (Renfro & (Vi~ayl (Morgan) Tressider) TOTAL TOTAL PHASE TASK ORG CODE 3.10 Bill RATES $145.00 $70.00 $75.00 $55.00 HOURS COST I I I , Project Management I - - 2 Community Outreach and Participation 40 24 14 78 $8,530.00 3 Existing Conditions Inventory 16 40 56 $5,120.00 - - --~ ~ Identify System Deficiencies 16 60 76 $6,520.00 5 Identify System Improvements 20 120 16 8 164 $12,940.00 6 Plan Implementation and Funding 8 48 8 I 64 $4,960.00 -- -- -- 7 Draft and Final Report 16 50 20 86 $6,920.00 .---- - - - I I I' I - - I I - -~ - - - - - I labor Subtotal at Current Satary Rates 116 342 30 36 524 $44,990.00 Estimated % of project completed before next salary increase Additional labor Cost Salary Escalation Estimated % of next salary increase from salary escalation In-House Expense Item Quantity Unit Cost I Unit Direct Cost ..,,,;c Mileage 1500 $0.445 mile $667.50 $667.50 Photocopies (B&W ~. $0.10 sheet $50.00 $50.00 -- Photocopies (Color 250 $100 sheet $250.00 $250.00 Plots (Color) 20 $30.00 sheet $600.00 $600.00 Lodging and Meal 5 $200.00 each $1,000.00 $1,000.00 Outside Expenses Description I Direct Cost % Other Expenses 6% 15% 10% Subconsultants 10% 10% PROJECTTOTAL $47,557.50 Prepared By: Reviewed By: Approved By: (Project Manager) (Division Manager) (Principal) Project Delivery System Page 1 of 1 File Name: Bremerton Non-Motorized Plan Budget (Alta) Date Printed: 12/21/2006 DA TE SUBMITTED: December 18, 2006 AGENDA BILL CITY OF BREMERTON CITY COUNCIL t/fl ~ 01:: OQ,S: 78 .0...................................................................................... SUBJECT: Downtown Bremerton Pedestrian/BTC Access Improvement Project - Utility Relocations/State Participating Agreement Committee Meeting Date: December 27,2006 COUNCIL MEETING Date: January 3, 2007 Department: PW&U, Engineering Presenter: Phil Williams Phone: (360) 473-5315 SUMMARY: The Washington State Department of Transportation (WSDOT) is planning for the construction of the Downtown Bremerton Pedestrian/BTC Access Improvement Project which will require the relocation of electrical facilities and new electrical service work. The agreement identifies the work that will be performed by the City, with reimbursement by the State. A TT ACHMENTS: 1. The Council Summary, 2. State Participating Agreement FISCAL IMPACTS (Include Budgeted Amount): $160,000 is budgeted for labor, materials, and contractual work. The budget for Fund 309 is adequate to provide for these expenses with reimbursement from the State (WSDOT). APPROVALS: (' DEPARTMENT DIRECTOR: \ ~ CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: I CONSENT AGENDA D I RECOMMENDED MOTION: Move to authorize the Mayor to finalize and execute the State Participating Agreement for utility relocations with Washington State Department of Transportation on the Downtown Bremerton Pedestrian/BTC Access Improvement Project. COUNCIL ACTION: 0 Approve D Deny D Table ab, Agenda Bills 2006, BTC ACCESS IMPR WSDOT REIMB AGMT, 1-07 D Continue 0 No Action Council Summary Downtown Bremerton Pedestrian/BTC Access Improvement Project Utility Relocations/State Participating Agreement Agreement As part of the "Bremerton Tunnel Project" portions ofPuget Sound Energy's (PSE) electrical facilities will need to be relocated or extended within the project's work area. The work generally involves: . 1. Relocation and undergrounding ofPuget Sound Energy's overhead.~ystem on 15t Street between Pacific A venue and Washington A venue. 2. Providing electrical service connections for the Tunnel's mechanical/electrical systems, and for the signal and street lighting systems. 3. Extension ofPSE's underground power facilities in the vicinity of Pacific Avenue and Burwell Street to provide backup power required for service interruptions during Tunnel construction. To minimize potential Tunnel contract conflicts and to reduce contract time, City forces will perform portions of the utility relocation work in cooperation with Puget Sound Energy. The agreement allows City forces to perform this work with reimbursement by WSDOT. Fiscal Summary The estimate for the work to be performed is $160,000. WSDOT will reimburse the City for its services. ~ iJI Washington State Department of Transportation Organization and Address State Participating City of Bremerton Agreement 3027 Olympus Drive Bremerton, Washington 98310-4799 Work by Local Agency Section I Location Actual Cost Downtown Bremerton Pedestrian/BTC Access Improvements SR 304, Vic. M.P. 2.75 to Vic. M.P. 3.07 Agreement Number Description of Work GCA 5102 Utility Relocation - In coordination with PS&ECity Force Work State Route Number Control Section Number will relocate utilities located on 1st St. between Pacific Ave. and SR 304 1803 Washington Ave as described in Exhibit B. Region Olympic Region THIS AGREEMENT, made and entered Into this day of , between the STATE OF WASHINGTON, Department of Transportation, acting by and through the Secretarjof Transportation, (hereinafter the "STATE") and the above named organization, (hereinafter the "LOCAL AGENCY"), WHEREAS, the LOCAL AGENCY Is planning the construction of a project as shown above, and In connection therewith, the STATE has requested that the LOCAL AGENCY perform certain work as herein described, and WHEREAS, It Is deemed to be In the best interest for the STATE to include specific items of work In the LOCAL AGENCY's construction contract proposed for the above-noted project, and WHEREAS, the STATE is obligated for the cost of work described herein. NOW THEREFORE, by virtue of RCW 47.28.140 and in consideration of the terms, conditions, covenants, and performances contained hereln, or attached and Incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: I GENEHAL The LOCAL AGENCY, as agent acting for and on behalf of the STATE, agrees to perform the above "Description of Work". Plans, specifications and cost estimates shall be prepared by the LOCAL AGENCY In accordance with the current State of Washington Standard Specifications for Road, Bridge, and Municipal Construction, and amendments thereto, and adopted design standards, unless otherwise noted. The LOCAL AGENCY will Incorporate the plans and specifications into the LOCAL AGENCY's project and thereafter advertise the resulting project for bid and. assuming bids are received and a contract is awarded, administer the contract. The LOCAL AGENCY agrees to submit plans and specifications for the described work as shown on Exhibil"B", attached hereto and by this reference made a part of this AGREEMENT, to the STATE for approval prior to advertising the project. . The STATE may, if It desires, furnish an inspector on the project. Any costs for such inspection will be borne solely by the STATE. All contact between said inspector and the LOCAL AGENCY's contractor shaH be through the LOCAL AGENCY's representative. DOT Ferm 224-067 EF Revised 1197 The STATE agrees, upon satisfactory completion of the work involved, to deliver a letter of acceptance which shall include a release and waiver of all future claims or demands of any nature resulting from the performance of the work under this AGREEMENT. II PAYMENT The STATE, in consideration of the faithful performance of the work to be done by the LOCAL AGENCY, agrees to reimburse the LOCAL AGENCY for the actual direct and related indirect cost of the work. An itemized estimate of cost for work to be performed by the LOCAL AGENCY at the STATE's expense Is marked Exhibit "A", and is attached hereto and by this reference made a part of this AGREEMENT. Partial payments shall be made by the STATE, upon request of the LOCAL AGENCY, to cover costs incurred. These payments are not to be more frequent than one (1) per month. It is agreed that any such partial payment will not constitute agreement as to the appropriateness of any Item and that, at the time of the final audit, all required adjustments will be made and reflected in a final payment. The LOCAL AGENCY agrees to submit a final bill to the STATE within forty-five (45) days after the LOCAL AGENCY has completed the work. III DELETION OF WORK In the event the estimate of cost, Exhibit "N, is in excess of $10,000 and the total actual bid prices for the work covered by this AGREEMENT exceeds the estimate of cost by more than 15 percent, the STATE shall have the option of directing the LOCAL AGENCY to delete all or a portion of the work covered by this AGREEMENT from the .LOCAL AGENCY's contract. Except, that this provision shall be null and void if the STATE's portion of the work exceeds 20 percent of the actual total contract bid price. The STATE shall have five (5) working days from the date of written notification to inform the LOCAL AGENCY to delete the worli. Should the STATE exercise its option to delete work, the STATE agrees, upon billing by the LOCAL AGENCY, to reimburse the LOCAL AGENCY for preliminary engineering costs Incurred by the LOCAL AGENCY to include the work covered by this AGREEMENT In the LOCAL AGENCY's contract. IV EXTRA WORK In the event unforeseen conditions require an Increase in the cost of 25 percent or more from that agreed to on Exhibit "A", this AGHEEMENT will be modified by supplemental AGREEMENT cov[~ring said increase. In the event it is determined that any change from the description of work contained in this AGREEMENT is required, approval must be secured from the STATE prior to the beginning of such work. Where the change is substantial, written approval must be secured. Reimbursement for Increased work and/or a substantial change in the description of work shall be limited to costs covered by a written modification, change order or extra work order approved by the STATE. V RIGHT OF ENTRY The STATE hereby grants and conveys to the LOCAL AGENCY the right of entry upon all land which the STATE has interest, within or adjacent to the right of way of the hIghway, for the purpose of constructing said improvements. Upon completion of the work outlined herein, all future operation and maintenance of the STATE's facilitIes shall be at the sole cost of the STATE and wIthout expense to the LOCAL AGENCY. VI LEGAL RELATIONS No liability shall attach to the LOCAL AGENCY orthe STATE by reason of entering into this agreement except as expressly provided herein. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the day and year first above written. LOCAL AGENCY By Tlllo Cary Bozeman, Mayor Dale DOT Form 224.067 EF Revised 1197 STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION By TItle Randall A. Hain, Region Administrator Exhibit A GCA-5102 Cost Estimate Utility Relocations and Electrical Service Downtown Bremerton PedestrianlBTC Access Improvement Project 1. Utility Relocation _1st Street, Pacific Ave. to Washington Ave.: a. City Force Work - $33,000 b. Puget Sound Energy Relocation Costs - $87,000 2. Utility Relocation - Intersection of Pacific Ave. and Burwell St.: a. City Force Work - $12,000 3. MechanicaVSignal Services: a. City Force Work - $28.000 Estimated Cost- $160,000 GCA- Exhibit A Page 1 of 1 GCA-5102 Exhibit B Description of Work In coordination with Puget Sound Energy (PSE), the City of Bremerton will relocate PSE electrical facilities located on 1st Street between Pacific Avenue and Washington Avenue. City force work will include trenching, temporary pavement restoration, and installation of conduits and vaults. PSE will provide conduits and vaults and will install required electrical facilities for the relocation. Associated costs by PSE are included in this work. The City of Bremerton will provide power service to the Bremerton Tunnel's mechanical/electrical systems and the Bu~ell Street and Pacific Avenue signal and lighting systems in cooperation with PSE. City force work will include trenching, temporary pavement restoration, and installation of conduits and vaults. The City of Bremerton will, in cooperation with PSE, relocate electrical facilities to provide a backup system power grid required for service interruption during the construction of the Bremerton Tmmel. City force work will include the trenching and temporary pavement restoration required to install conduits and vaults between the southwest corner oftbe Pacific Avenue and Burwell Street intersection and the alley between Burwell Street and 41h Street. GCA-5102 Exhibit B Sheet 1 of 3 ~_ iT:1 i __J III I: --. , ;, _ 1,1 t ... ! 7T11 \0 . :;;'IJ - " 11 :1 il "' IJ Ir II I., I ~ . I :'T ~ ,"- Q j' . ----- - - -@l~j} ~ (-~:-~ ---."~--~-.:===- -p~-....~ ~---'"7-~.r =_F"- ,_ _,_ _ _ _ _,_ _". :;':;--.. .. . -,~-,-:..::;::-.L:~'-:'~-,--,-...,,,,-~_ \.> _, - t , I '" I ,I I __0 rrl , ----,----- "7 J ro'll9 I J II - ." II..... -=-- C) ~ -.......-...-..--....--.............--...~~...........~_......~.. ~ elteltech '-,.11I;:.1 .._..... ........0.. SR 304 DOWNTOWN BREMERTON PEDESTRIAN! 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DOWNTO IMPROVEME .... 8TG ACGESS lI11UTY RELOCA'l1O/IS GGfI-5fo,2 Exhibit B Sheet 3 of 3 I . ',', "f, -',-. .:~.;. '!.~~~~. " ....... " " <~;';;~'~>~~' "\ "';, " ~... " '.\ "-, \~....\ ''', \\ "- ."\ \. ---..'" , , "\. '- ",;. ..~!,. ~ ,. \ .~.\. . " '\ I FOR INFORMATION ONLY I ",,' ;:...rt:: ""....... ~ "'l~ Washlnglon Illata "'J., O.p.....m.nt Df Tr....flDrbtUon ~ eKeltech l......l'l.. .._....... 3-'"",