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01/19/2011 AGENDA
[a � ° • CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 [1 Phone (360) 473 -5280 ** *AMENDED * ** JANUARY 19, 2011 CITY COUNCIL MEETING AGENDA 1 BRIEFING 5 00 — 5 30 P M in COUNCIL CONFERENCE ROOM 603 A General Council Business 2 CALL TO ORDER 5 30 P M in FIRST FLOOR CHAMBERS A Pledge of Allegiance B Invocation 3 PUBLIC RECOGNITION 4 MAYOR'S REPORT 5 CONSENT AGENDA A Claims & Check Register B Minutes of Meeting — December 15, 2010 C Minutes of Meeting — January 5, 2011 D Minutes of Study Session — January 12, 2011 E Ordinance No 5135 relating to decommissioning and re- commissioning of driveways, and Resolution No 3133 modifying Rate Table G F Amendment No 4 to Professional Services Agreement with Parametrix for Gorst Sewerage Project G Professional Services Agreement with Art Anderson & Associates for the Remodel of the Oyster Bay Maintenance Budding located at 100 Oyster Bay Avenue, Bremerton H Amendment No 2 to Remedial Action Grant from the Department of Ecology for the former Chevron Property I Budget Increase to Fund 311 for the Evergreen Rotary Park Remediation Fund J Professional Services Agreement with Parametrix for Continued Remediation of the former Chevron Property K Amendment to Environmental Protection Agency (EPA) Grant for Gorst Creek Watershed Comprehensive Plan L Amendment to 2011 Budget (Funds 001, 481, and new Fund 482) as it pertains to Gorst Creek Watershed Comprehensive Plan M Professional Services Agreement with Parametrix for Gorst Creek Watershed Comprehensive Plan 6 GENERAL BUSINESS A Resolution No 3134 in support of the Frances Haddon Morgan Center, and asking the State of Washington to continue providing the necessary funding to operate 7 PUBLIC HEARING(S) A of 2 Public Hearings on Lease with Kitsap Community Resources for Smith Park Children's Nature Play Area and Smith School Parking Lease (No action will be taken until 2" Public Heanng) 8 COUNCIL MEMBER REPORTS 9 EXECUTIVE SESSION — The Council will convene for a 20- minute Executive Session to discuss "Potential and Pending Litigation" per RCW 42 30 110(1)(1) (No action is anticipated ) 10 ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING ® 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 BREMERTON CITY COUNCIL MEETING SPEAKERS LIST PLEASE PRINT YOUR NAME BELOW IF YOU WISH YOUR COMMENTS TO BE INCLUDED IN THE RECORD J�erl� Kmeatj &-�f oekc REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU l DATE SUBMITTED. 1/19/2011 TA AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■ rsrreerrrreeeraeseorerorrrrrsrrrreeroaorrrosrsreeerroeearrorreoorrrreereeerreeerreeors� SUBJECT: Committee Meeting Date COUNCIL MEETING Date: January 19, 2011 Claims & Check Register Department. Financial Services Presenter. Cathy Johnson Phone: 473 -5296 SUMMARY: Consent Agenda item Approval of checks and electronic fund transfers ATTACHMENTS: Check Register FISCAL IMPACTS (Include Budgeted Amount)- APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: 1) Check #'s 3411372 through 341390 and EFT's 10520 through 10564 in the amount of $3,362,944.71 2) Regular Payroll for the pay period ending January 15, 2011 in the amount of $720,346.83 COUNCIL ACTION: 0 Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action DATE SUBMITTED: AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: City Council Meeting Minutes Committee Meeting Date: N/A for meeting of COUNCIL MEETING Date: 7a�,tG�V (q, za I I i 5 .10 10 Department: City Council Presenter: Will Maupin, Council President Phone: (360) 473 -5280 SUMMARY: Attached is a summary of the City Council Meeting held 'DeL,e yKjoe r ATTACHMENTS: Meeting Minutes for Dec+e (of- r I S� -A-o 1 a I , FISCAL IMPACTS (Include Budgeted Amount). N/A APPROVALS: DEPARTMENT DIRECTOR: Council President CITY ATTORNEY: N/A FINANCE DIRECTOR: N/A MAYOR- N/A COMMITTEE CHAIR N/A COUNCIL PRESIDENT. CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve the Consent Agenda as presented COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, December 15, 2010 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, December 15, 2010, at 5 00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6 th Street, Bremerton, Washington, with Council President Nick Wofford presiding Council Members present were Will Maupin, Dianne Robinson, Greg Wheeler, Roy Runyon, Adam Brockus, Cecil McConnell and Jim McDonald Council Member Carol Arends was absent Also present were City Attorney Roger Lubovich, City Clerk Carol Etgen, and Legislative Assistant Lori Smith A COUNCIL BRIEFING was then held to discuss General Council Business at 5 00 PM in the Council Conference Room At 5 30 PM the meeting moved to the Meeting Chambers The Pledge of Allegiance was led by Council Member Jim McDonald followed by the Invocation provided by Command Chaplain Chaplain Brent Johnson with the USS NIMITZ (CVN 68) MAYOR'S REPORT Mayor Patty Lent • Announced a reading program to donate 3,000 books at the Kitsap Mall met its goal, • Reported that 81,670 Christmas lights are illuminating the City this holiday season, • Recognized Terry Bickel for his 33 -years with Waste Management and for his efforts along with his spouse Nancy Bickel to make Bremerton a cleaner and nicer place, • Presented a Mayor's Appreciation Award to Mike Fry also of Waste Management for his excellent work in the All -City Clean -Up, • Introduced Allen York of Waste Management who then invited co- workers Ben Bevis and Bo Colton to join him in presenting a $1,000 check to the Bremerton Food Line which was accepted by Patty Peterson • Enjoyed the helicopter trip to welcome the captain and crew of the USS NIMITZ and welcomed them while they are home -ported in Bremerton for the next 12- months, • Provided highlights of a proposed improvement plan for Anderson Cove, discussed the work being done on the Manette Bridge, was delighted to announce the Bremerton Grill would be opening in April 2011, • Invited Public Works & Utilities Director Vincent Akhimie to discuss the impacts to the infrastructure due to the intensity of the recent rain storm, and that a Proclamation was issued to declare a State of Emergency that will qualify the City to receive federal grant funds, • Wished the Council and the community a Merry Christmas and invited Cynthia Engelgau of Parks & Recreation to announce the Santa in the Park events that would be held on Monday, December 20 at Evergreen Rotary Park and Manette Playfield, and on Tuesday, December 21 at Lions Park and the downtown Bremerton Harborside Park PUBLIC RECOGNITION — There were no comments CONSENT AGENDA A Correction to Check Numbers 340587 through 340745, and EFT -10367 through EFT -10442 in the amount of $1,868,198 43 originally approved on December 1, 2010, Check Numbers 340746 through 340961, and EFT -10443 through EFT -10484 in the amount of $3,045,889 64, Regular Payroll for the pay period ending November 30, 2010 in the amount of $708,854 89, and Regular Payroll Payout for the pay period ending November 30, 2010 in the amount of $39,88022 B Minutes of Special Meeting — November 29, 2010 C Minutes of Meeting — December 1, 2010 D Minutes of Study Session — December 8, 2010 E Bremerton - Kitsap Access Television (BKAT) Service Contract with the City of Bainbridge Island City Council Reg Mtg Minutes Wednesday, December 15, 2010 Page 2 of 4 F Renewal of Property Insurance through AFFILIATED FM INSURANCE for 2011 G Contract Extension with DIAMOND PARKING SERVICES, LLC for Harborside Parking Garage H Ordinance No 5134 to amend Ordinance No 5099, which adopted the FY -2010 Budget, and Ordinance No 5117, which amended the FY -2010 Budget I Interlocal Agreement with Kitsap Public Utility District (KPUD) for funding of the United States Geological Survey (USGS) Kitsap Peninsula Groundwater Study J Amendment to Gold Mountain Golf Club Operating Agreements with Scott Alexander's Golf Shop, Inc (1) Golf Management Agreement, (2) Food & Beverage Services Agreement, and (3) Lease for Pro Shop, Driving Range, and Cart Pad, and (4) Professional Services Agreement for Greens Superintendent Services with ED FAULK OPERATIONS, LLC, Inc K Air Rights Easement Agreement with 190 PACIFIC AVENUE, LLC There were no questions or comments from the public 05:54:35 M /S /C (Brockus /Runyon) Move to approve the CONSENT AGENDA as amended Voted in favor of Motion McDonald, McConnell, Brockus, Runyon, Wheeler, Robinson, Wofford Abstained Maupin Motion carried 7 -Yes, 1- Abstention PUBLIC HEARING(S) 6A — RESOLUTION NO. 3129 APPROVING CONTRACT WITH WASTE MANAGEMENT OF WASHINGTON. INC. dba BREM -AIR DISPOSAL FOR SOLID WASTE, RECYCLING, AND COMPOSTABLE ORGANICS COLLECTION AND DISPOSAL Vincent Akhimie Director of Public Works & Utilities, and Tom Knuckey Operating Engineer, summarized that the contract for solid waste collection and disposal ends at the end of 2010, and this contract is for the next eight years with an option to extend for an additional year twice The contract proposes no rate increase for 2011, a 3 5% increase in 2012 and 2013, and reverts to a CPI increase in 2014 The contract requires a resolution for compliance with RCW requirements As part of this contract, new carts for household garbage, recycling, and yard waste would be delivered in the first few months of 2012 In addition, the contract establishes an annual clean -up day for residents to dispose of items at locations throughout the City President Wofford opened the public hearing for public comment with no comments provided the Public Heanng was closed to the public and opened to the Council to begin their discussion 05:58 Motion to adopt Resolution No 3129 was made by Runyon, and seconded by Wheeler Discussion was then opened to the Council Mr. Runyon emphasized that there would be no rate increase in 2011 Mr. Wheeler asked how the 3 5% proposed rate increase was reached Terry Bickel Waste Management, answered that overall operating costs have increased and the new rates take that into consideration Mr. McDonald recognized that Public Works staff spent considerable time to bring the new contract forward 06.03:25 M /S /C /U (Runyon/Wheeler) Move to adopt Resolution No 3129 authorizing the Mayor to finalize and execute a contract with Waste Management of Washington, Inc dba Brem -Air Disposal, a Washington corporation, for solid waste collection and recycling pick -up services with substantially the same terms and conditions as presented City Council Reg Mtg Minutes Wednesday, December 15, 2010 Page 3 of 4 GENERAL BUSINESS 7A — RESOLUTION NO 3130, SUPPORTING THE DEVELOPMENT OF A 9 -11 MEMORIAL AT EVERGREEN ROTARY PARK; ESTABLISHING OVERSIGHT OF THE PROJECT; AND APPOINTING REPRESENTATIVES TO THE KITSAP 9 -11 MEMORIAL COMMITTEE AND TO THE KITSAP 9 -11 MEMORIAL DESIGN SUBCOMMITTEE Wyn Birkenthal Parks and Recreation Director, explained that the proposed resolution supports and establishes oversight and liaison with the Kitsap 9 -11 Memorial Committee's effort to site, design, fund, and construct a memorial recognizing the historic events of September 11, 2011 in Evergreen Rotary Park On October 26 the Bremerton Parks Board recommended the memorial be located within the footprint that would not infringe on existing recreational activities or facilities in the park The intent of the recommendation was to locate the facility on the Chevron /Plumbers Hall site City staff is working with the 9 -11 Memorial Committee and the Department of Ecology to determine feasibility of the proposed location A site specific recommendation within the park will be brought to Council at a later date once this work has been completed Commented in favor of the Resolution Roy Lusk Todd Best Alan Fricke Steve Boyer Corrine Beach Andy Graham Margie Tarbron Mike Strube Brian Petrow Buck Buchanan Shawn Bentley Jacqueline Hamilton Sandra Cross Al Duke Brett Warner Sammie Simons Dave Fergus and Minnie Byers Commented against the Resolution Jane Rebelowski 6:35:25 Motion was made by Runyon, and seconded by Brockus Discussion was then opened to the Council 6:45:04 M /S /C /U (Runyon / Brockus) Move to approve Resolution No 3130 in support of establishing a 9 -11 Memorial in Evergreen Rotary Park and outlining a liaison process between the Kitsap 9 -11 Memorial Committee and the City of Bremerton for this project 7B — APPROVAL OF GRANT AGREEMENT WITH THE DEPARTMENT OF ECOLOGY (DOE) FOR THE FY -2011 MUNICIPAL STORMWATER CAPACITY GRANTS PROGRAM Larry Matel Public Works & Utilities, summarized that the City of Bremerton has been awarded a Municipal Stormwater Capacity Grant from the State of Washington Department of Ecology (DOE) to assist the City in addressing its stormwater management responsibilities under the National Pollution Discharge Elimination System Phase H (NPDES) Permit This grant is awarded to all units of local government in the State of Washington on a per capita basis Bremerton's award is $165,664 and must be expended by June 30, 2012 There were no comments from the public 6:50.52 Motion was made by Wheeler, and seconded by McConnell Discussion was then opened to the Council Mr. Runyon asked if the City's leadership on LEED factored into receiving this grant Mr. Matel responded that all cities received funding but that the City has been recognized for its work on LEED projects 6:53:45 M /S /C /U (Wheeler /McConnell) Move to approve the FY 2011 Municipal Stormwater Capacity Grants Program Grant Agreement with the State of Washington Department of Ecology, and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented City Council Reg Mtg Minutes Wednesday, December 15, 2010 Page 4 of 4 COUNCIL MEMBER REPORTS Will Maupin reported on the recently formed Residential Parking Committee, and asked if anyone had a particular problem or suggestion, please contact the Council Office He also talked about Apple Cup and ended with "Go Cougs"' Dianne Robinson was pleasantly surprised to find the Bremerton Choir at her door to sing Christmas carols and collect food for the Bremerton Food Bank and thanked the Bremerton School District for their efforts in organizing the event She wished everyone a Merry Christmas and Happy New Year Greg Wheeler invited the community to a presentation of "Skating the Yellow Brick Road' by the Bremerton Ice Center on Saturday, December 18 beginning at 7 30 PM, proudly adding that his step- daughter Lucky was participating He also reported that he enjoyed the tree lighting ceremony downtown last week, being on the Admiral's Barge to welcome the USS NIMITZ, and attending the Human Rights Council conference last week Roy Runyon reported on a meeting he attended yesterday for the proposed Tent City by the Salvation Army and read the highlights of the requirements to live in the Tent City to be located at 6 th Street Adam Brockus reported that three (3) ferry runs could be eliminated from the Bremerton schedule and there is a proposed 10% fare increase and therefore urged the public to attend a Washington State Ferries Community Meeting on Thursday, December 16 from 5 30 to 7 30 PM at the Kitsap Conference Center, and also reported on the District 3 Community Meeting held last night, and lastly, sent best wishes to Carol Arends following a medical procedure completed earlier today Cecil McConnell and Jim McDonald each wished everyone a Merry Christmas and a Happy New Year Nick Wofford also provided get well wishes to Carol Arends, wished everyone a Merry Christmas and a healthy and prosperous Happy New Year, and announced that the next Council Meeting will be held on January 5, 2011 With no further business, President Wofford adjourned the Council Meeting at 7 05 PM Prepared and Submitted by LORI SMITH Legislative Assistant Attest CAROL ETGEN, City Clerk NICK WOFFORD, City Council President NW CE Is cg DATE SUBMITTED AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: City Council Meeting Minutes Committee Meeting Date N/A for meeting of COUNCIL MEETING Date 7'c wry t 01 a 1 ja.n tAaYy 5 D-0 H Department City Council Presenter Will Maupm, Council President Phone (360) 473 -5280 SUMMARY: Attached is a summary of the City Council Meeting held T6,y\lAz�-r -y S, X01 ATTACHMENTS: Meeting Minutes for J"av� LA o v—y 5, 2011 FISCAL IMPACTS (Include Budgeted Amount) N/A APPROVALS: DEPARTMENT DIRECTOR Council President CITY ATTORNEY N/A FINANCE DIRECTOR N/A MAYOR N/A COMMITTEE CHAIR N/A COUNCIL PRESIDENT CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve the Consent Agenda as presented COUNCIL ACTION: ❑ Approve ❑ Deny 0 Table ❑ Continue ❑ No Action DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, January 5, 2011 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, January 5, 2011, at 5 00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, with Council President Nick Wofford presiding Council Members present were Will Maupin, Carol Arends, Greg Wheeler, Roy Runyon, Adam Brockus, Cecil McConnell, and Jim McDonald Council Member Dianne Robinson was absent Also present were City Attorney Roger Lubovich, City Clerk Carol Etgen, and Legislative Assistant Lori Smith A COUNCIL BRIEFING was then held to discuss General Council Business at 5 00 PM in the Council Conference Room At 5 30 PM the meeting moved to the Meeting Chambers The Pledge of Allegiance was led by Council Member Jim McDonald followed by the invocation provided by Reverend Ron Anderson of Manette Community Church COUNCIL OFFICER ELECTIONS President Wofford opened nominations for Council President/Mayor Pro Tempore Jim McDonald nominated Will Maupin Roy Runyon nominated Dianne Robinson Greg Wheeler nominated Nick Wofford 05:34:25 City Clerk Carol Etqen counted the ballots Voted for Will Maupin (5 Votes) McDonald, McConnell, Brockus, Arends, Maupin Voted for Dianne Robinson (1 Vote) Runyon Voted for Nick Wofford (2 Votes) Wheeler, Wofford Will Maupin was elected Council President/Mayor Pro Tempore for the year 2011, received the gavel, and was then seated as the chair for the remainder of the meeting President Maupin then opened nominations for Council Vice - President Carol Arends nominated Adam Brockus Nick Wofford nominated Roy Runyon 05:37:12 City Clerk Carol Etqen counted the ballots Voted for Adam Brockus (7 Votes) McDonald, McConnell, Brockus, Wheeler, Arends, Maupin, Wofford Voted for Roy Runyon (1 Vote) Runyon Adam Brockus was elected Council Vice - President for the year 2011 MAYOR'S REPORT — Mayor Patty Lent • Presented a Mayor's Appreciation Award to Alex Pettygrove for his outstanding service in selling his card collection for $400 and using the money to buy toys for the less fortunate, • Introduced Mayor Jim Baker Salvation Army, who provided an update on Sally's Camp, the new tent city and described the new location • Introduced Courtney Freeman Community Frameworks, who described projects planned for West Bremerton for revitalization efforts • Proclaimed January 13, 2011 as Korean - American Day • Was excited to announce the Wedding Expo will be held on January 9 at the Kitsap Harborside • Introduced Jeff Elevado who reminded Bremerton residents that they are eligible to receive a quarterly voucher to attend the Bremerton Aquatics Center for free City Council Reg Mtg Minutes Wednesday, January 5, 2011 Page 2 of 4 PUBLIC RECOGNITION — There were no comments from the public CONSENT AGENDA A Check Numbers 340962 through 341136, and EFT -10485 through EFT -10519 in the amount of $1,961,054 10, Regular Payroll for the pay period ending December 15, 2010 in the amount of $722,402 95, Regular Payroll for the pay period ending December 31, 2010 in the amount of $743,794 14, and Retiree Payroll for the pay period ending December 31, 2010 in the amount of $78,41331 05:54:25 M /S /C /U (Arends/Wheeler) Move to approve the CONSENT AGENDA as presented 7A — RESOLUTION NO. 3131 HONORING AND SUPPORTING THE USS BREMERTON AND ITS CREW Mayor Patty Lent stated that Resolution No 3131 was in response to the City Council's desire to honor and support the USS Bremerton and its crew for their dedication and outstanding achievements while serving with the United States Navy Resolution No 3131 was read in its entirety which included information such as the USS Bremerton is known by its crew as the Bad Fish and is the second ship of the United States Navy to be named for Bremerton, Washington The USS Bremerton was launched on July 22, 1978, sponsored by Mrs Henry M Jackson, and commissioned on March 28, 1981 In September 2003, after a successful Western Pacific deployment, the USS Bremerton changed its homeport to Pearl Harbor, Hawaii and became the oldest commissioned submarine in the US fleet The USS Bremerton has, among other achievements, earned two Navy Unit Commendations, a Coast Guard Unit Citation, three Meritorious Unit Commendations, three Battle Efficiency "E's ", two Navy Expeditionary Medals, and an Armed Forces Expeditionary Medal There were no comments from the public 05.58:17 Motion to adopt Resolution No 3131 was made by Brockus, and seconded by McDonald, Comments in support of the resolution were then provided by the Council 06 M /S /C /U (Brockus /McDonald) Move to adopt Resolution No 3131 honoring and supporting the USS Bremerton and its crew 76 — RESOLUTION NO. 3132 SUPPORTING AN APPLICATION TO THE WASHINGTON STATE CORRECTIONS FOR THE SITING OF A WESTSIDE RECEPTION CENTER Mayor Patty Lent explained that communities interested in submitting a site for consideration are required to submit a letter of interest by January 6, 2011 Resolution No 3132 demonstrates the City Council's support for submitting the application for the siting of a Westside Reception Center in the South Kitsap Industrial Area known as "SKIA" Dave Overton property owner, provided the details to highlight the positive reasons for applying for the siting of the Westside Reception Center in SKIA Doris Keringer asked what cost to the taxpayers this project will cost in terms of utilities and law enforcement Mr. Overton answered that the costs and community impacts would be determined during a comprehensive review (EIS) that will be conducted by the Department of Corrections assuming that the site is selected for the center Andy Tangeman asked if the EIS process will allow for public comment Mr. Overton answered that if a development application for this project is submitted, the City would undergo a process which does allow public comment 06:12:40 Motion to adopt Resolution No 3132 was made by Runyon, and seconded by Wofford, Discussion was then opened to the Council City Council Reg Mtg Minutes Wednesday, January 5, 2011 Page 3 of 4 Mr Runyon explained how this application came forward, thanked staff for putting this item together so quickly, and emphasized that this project will have use benefits for the county, and urged Council to support resolution Mr. Wofford believed that infrastructure being built would more than compensate for property being taken off the tax rolls and that the benefit would span the entire county Greg Wheeler thought that the process should have allowed feedback from stakeholders prior to considering the resolution Mayor Lent explained that the resolution would allow for the site to be considered, but if not selected, the City would not pursue the project Mr. Overton responded that the City is only indicating there is space to allow for infrastructure at SKIA through a letter of intent The actual process is going to allow public comment Cecil McConnell expressed concerns about how the proposed project may impact businesses Adam Brockus asked if the State will be paying to continue water and sewer lines to the site Mr. Overton responded that Department of Corrections would be able to answer that question Will Maupin asked what the size of the site area would be Mr. Overton answered that the site area would be about 50 acres being used by Department of Corrections Mr. Maupin also asked if the Council would have authority to approve or deny the project at a later time Mr Wheeler asked questions regarding fobs and buffers to the site Andrea Spencer explained that many questions can be answered through the sub -area planning process, there will be opportunities for public comment and issues regarding buffers and fobs will be addressed Mr. Runyon asked if this resolution legally binds the City to the project Mr. Lubovich answered no, that the City is only asking for consideration as a site Mr. Wofford clarified that as Council President, he was notified by Mr Runyon as a representative to Kitsap Economic Development Alliance (KEDA) about the proposal's status However, it was until recently that the discussion reached a point where the entire Council needed to review this proposal Mr. McConnell asked if the resolution is approved would there be any further action by Council Ms. Spencer responded that permitting issues would be addressed by the Hearing Examiner, not the City Council Mr. Runyon added that the Council could discuss progress at Study Sessions Mr McDonald offered his support for the proposed project since it would generate fobs Mr. Wheeler encouraged Council to consider both the economic benefits as well as the need to protect the community image and pride Mr. Maupin offered his support for the project and agreed with the location 06:46 M /S /C (Runyon/Wofford) Move to adopt Resolution No 3132 supporting an application to the Washington State Corrections for the siting of a Westside Reception Center in SKIA, and authorize the Mayor to file the application and all necessary supporting documentation Voted in favor of Motion Brockus, Runyon, Arends, Wofford, McDonald, Maupin Voted opposed to Motion Wheeler, McConnell Motion carried 6 -Yes, 2 -No COUNCIL MEMBER REPORTS Jim McDonald discussed more work he has done with the Rotary, provided a briefing on his first meeting with the 9/11 Memorial Committee, and reported that the fundraiser held at McCloud's Bar and Grill raised $16,000 for the memorial City Council Reg Mtg Minutes Wednesday, January 5, 2011 Page 4 of 4 Adam Brockus mentioned the Christmas tree in Manette will be moved from its present location as soon as a new location is determined Roy Runyon announced that there will be a "City Chickens Workshop" held on Monday, January 17 from 6 00 to 7 30 PM in the Meeting Chambers, and announced that an informational meeting will be held tomorrow, January 6 from 6 00 to 7 30 PM at the Salvation Army located at 832 6 th Street for any citizens wishing to volunteer as gatekeepers at Sally's Camp Greg Wheeler wished everyone a happy new year and looks forward to a productive year for Bremerton, thanked Nick Wofford for his service this past year as Council President, and congratulated new Council President Will Maupin Carol Arends encouraged everyone to attend the First Friday Art Walk event this week Nick Wofford reminded everyone to volunteer as well as buy local, and to attend more City Council Meetings Will Maupin discussed the new high -speed hydrofoil passenger only ferry is currently in the process of being rebuilt and retested after a recent test revealed some technical difficulties With no further business, President Maupin adjourned the Council Meeting at 7 00 PM The Council then reconvened in the 6 th Floor Council Conference Room for a brief STUDY SESSION by the 2011 Council President and to discuss General Council Business Prepared and Submitted by L RI SMITH Legislative Assistant Attest CAROL ETGEN, City Clerk WILL MAUPIN, City Council President WMCEIscg DATE SUBMITTED: AGENDA BILL CITY OF BREMERTON CITY COUNCIL ......................................................... ............................... SUBJECT: City Council Meeting Minutes Committee Meeting Date: N/A for meeting of COUNCIL MEETING Date: Z L&ar Zkyw.ary PLO ;2- 11 Department: City Council Presenter: Will Maupin, Council President Phone: (360) 473 -5280 SUMMARY: Attached is a summary of the City Council Meeting held S0.h t k0 . rtj 1 a o ATTACHMENTS: Meeting Minutes for 'Z0.h v_0 ry 1 x 1c 1 FISCAL IMPACTS (Include Budgeted Amount): N/A APPROVALS: DEPARTMENT DIRECTOR: C ouncil President CITY ATTORNEY: N / A FINANCE DIRECTOR: N/A MAYOR: N/A COMMITTEE CHAIR N/A COUNCIL PRESIDENT: �` CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES January 12, 2011 A Study Session of the City Council of the City of Bremerton was called to order in the City Council Conference Room 603, of the NORM DICKS GOVERNMENT CENTER, 345 6 Street, Bremerton, Washington, Wednesday, January 12, 2011, at 5 00 PM, with Council President WIII Maupin presiding Council Members present were Nick Wofford, Carol Arends, Dianne Robinson, Greg Wheeler, Adam Brockus, Cecil McConnell, and Jim McDonald Council Member Roy Runyon was absent Legislative Assistant Lori Smith was present to provide staff support President Maupin emphasized that the Study Session was open to the public, however there would be no opportunities for input or participation, that no action will be taken, and the content of these items is subject to change The items will be placed on the next Council Meeting Agenda on January 19, 2011 for action 1 Proposed public hearings (2) on Lease with Kitsap Community Resources for Smith Park Children's Nature Play Area and Smith School Parking Lease — Wyn Birkenthal, Parks & Recreation Director, and Roy Runyon, Public Safety and Parks Committee Chair 1 st Public Hearing on January 19; but no action will be taken until 2" Public Hearing on February 2 2 Proposed ordinance relating to decommissioning and re- commissioning of driveways, and proposed resolution modifying Rate Table G — Larry Matel, Public Works & Utilities, and Dianne Robinson, Public Works Committee Chair Consent Agenda 3 Amendment No 4 to Professional Services Agreement with Parametrix for Gorst Sewerage Project — Tom Knuckey, Public Works & Utilities, and Dianne Robinson, Public Works Committee Chair Consent Agenda 4 Professional Services Agreement with Art Anderson & Associates for the Oyster Bay Maintenance Building remodel at 100 Oyster Bay Avenue — Vincent Akhimie, Public Works & Utilities Director, and Dianne Robinson, Public Works Committee Chair Consent Agenda 5 Amendment No 2 to Remedial Action Grant from the Department of Ecology for the former Chevron Property — Tom Knuckey, Public Works & Utilities, and Dianne Robinson, Public Works Committee Chair Consent Agenda 6 Budget Increase for the former Chevron Property Remediation Fund — Tom Knuckey, Public Works & Utilities, and Dianne Robinson, Public Works Committee Chair Consent Agenda 7 Professional Services Agreement with Parametrix for Continued Remediation of the former Chevron Property — Tom Knuckey, Public Works & Utilities, and Dianne Robinson, Public Works Committee Chair Consent Agenda 8 Amendment to Environmental Protection Agency (EPA) Grant for Gorst Creek Watershed Comprehensive Plan — Tom Knuckey, Public Works & Utilities, and Dianne Robinson, Public Works Committee Chair Consent Agenda 9 Amendment to 2011 Budget (Funds 001, 481, and new Fund 482) as it pertains to Gorst Creek Watershed Comprehensive Plan — Becky Hasart, Financial Services Director, Tom Knuckey, Public Works & Utilities, and Dianne Robinson, Public Works Committee Chair Consent Agenda City Council Study Session Minutes Wednesday, January 12, 2011 Page 2 of 2 10 Professional Services Agreement with Parametnx for Gorst Creek Watershed Comprehensive Plan — Tom Knuckey, Public Works & Utilities, and Dianne Robinson, Public Works Committee Chair Consent Agenda 11 Council Committee Chair reports were provided and General Council Business was discussed President Mauain adjourned the Study Session at 7 00 PM Prepared and Submitted by LORI SMITH Legislative Assistant Attest CAROL ETGEN, City Clerk WILL MAUPIN, City Council President DATE SUBMITTED. December 8, 2010 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5E SUBJECT: Ordinance No 513 5 Committee Meeting Date: January 12, 2011 relating to decommissioning and COUNCIL MEETING Date: January 19, 2011 recommissioning of driveways and Department: Public Works and Resolution No. 313 3 modif}nng Rate Utilities Table G. Presenter- Larry Mate-, Phone- 473 -5342 SUMMARY: The proposed Ordinance adds a new section to the City Code to authorize the decommissioning of driveways not formally abandoned pursuant to City Right -of -Way Standards in order to allow street parking on parts of streets fronting the decommissioned driveways and further to provide for the recommissioning of said driveways when appropriate ATTACHMENTS: Proposed O dinance and Proposed Resolution 1V 0. 3 f 3 ko l , 5135 FISCAL IMPACTS (Include Budgeted Amount): None APPROVALS: _ DEPARTMENT DIRECTOR: CITY ATTORNEY - FINANCE DIRECTOR: MAYOR: I COMMITTEE CHAIR COUNCIL PRESIDENT. CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve Ordinance No. 5 (35 adding a new section to Chapter 10 10 of the Bremerton Municipal Code Move to approve Resolution No 3133 modifying Rate Table G COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action ORDINANCE NO. 513 5 AN ORDINANCE of the City Council of the City of Bremerton, Washington, adding a new section to Chapter 10 10 of the Bremerton Municipal Code relating to the decommissioning of driveways to allow for street parking on parts of streets fronting the decommissioned driveways and further to provide for the recommissioning of said driveways when appropriate WHEREAS, the City Council desires to add a new section to the City Code to authorize the decommissioning of driveways not formally abandoned pursuant to City Right -of -Way Standards in order to allow street parking on parts of streets fronting the decommissioned dnveways and WHEREAS, the City Council also desires to provide for the recommissioning of said driveways when appropriate, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION 1. Section 10 10 150 of the Bremerton Municipal Code entitled "Driveways — Decommissioning and Recommissioning " is hereby added to read as follows 10.10.150 DRIVEWAYS — DECOMMISSIONING AND RECOMMISSIONING The provisions of this section authorize the decommissioning of dnvewgys not formally abandoned pursuant to City Ri t -of -Way Standards in order to allow street parking on parts of streets fronting the decommissioned dnvewUs and further provide for the recommissioning _of said dnveways when appropnate (a) Decommissioning of Dnveways The owner of the property upon which a dnveway is located may apply for a decommissioning of the driveway by the filing of a written request on a form and with the information required by the Department and by the payment of the required fee set forth in Rate Table G of the City of Bremerton's Rate and Fee Schedule Upon meeting these conditions and a determination of the Director that the dnveway is no longer required and that the area of the street fronting the driveway may be used for street parking the City will post the area of the street fronting the decommissioned dnveway as authorized for street parking_ (b) Recommissioning of Dnveways The owner of the property upon which a decommissioned dnveway is located may apply for a recommissioning of the driveway The request shall be made by the filing of a written request on a form and with the information required by the Department and by the payment of the required fee set forth is Rate Table G of the City of Bremerton's Rate and Fee Schedule Upon meeting these conditions and a determination of the Director that the dnveway may be recommissioned, the City will remove 1 Driveways — Decommissioning and Recommissioning the street signs which authorized parking on the area of the street fronting the decommissioned driveway (cl The City may, at any time, remove the street signs which authorized parking on the area of the street fronting the decommissioned dnveway and prohibit such parkin dg ue to public safety or other related reasons SECTION 2. Severability If anyone or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect SECTION 3. Effective Date This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law PASSED by the City Council the day of , 2011 WILL MAUPIN, Council President Approved this day of ' 2010 PATTY LENT, Mayor ATTEST APPROVED AS TO FORM CAROL ETGEN, City Clerk ROGER A LUBOVICH, City Attorney PUBLISHED the day of .2011 EFFECTIVE the day of 2 2011 ORDINANCE NO R \Lega ]\Lega]\Ordmances\PW &U\Dnveways doc RESOLUTION NO. 3133 A RESOLUTION of the City Council of the City of Bremerton, Washington, regarding fees for services relating to the Department of Public Works and amending certain rates and fees. WHEREAS, the City Council desires to amend the rates and fees contained in Rate Table G of the City of Bremerton Rate and Fee Schedule, and NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS SECTION 1. Rate Table amended Rates and fees for services relating to the Department of Public Works and Utilities are hereby amended as set forth in Rate Table G attached hereto as Exhibit A, incorporated herein by reference SECTION2. Severability If anyone or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect SECTION 3. E ffective Date This Resolution shall take effect and be in force immediately upon its passage PASSED by the City Council of the City of Bremerton, Washington this day of 9 2011 WILL MAUPIN, Council President APPROVED AS TO FORM ATTEST ROGER A LUBOVICH, City Attorney CAROL ETGEN, City Clerk R \ egal\Legal\Resolutions\Public WorkADecommissiomng Recomrmssiomng Rate Table G doc 1 Rate Table G PUBLIC WORKS AND UTILITIES — RATE TABLE G All Rates Listed Are "Not To Exceed" Fees G. PUBLIC WORKS AND UTILITIES DEPARTMENT RATE I , 1. RIGHT -OF WAY USE PERMITS FEES Type A (Short Term Use) Regular (Misc $16000 Construction) Dumpster — Individual personal use No Charge Dumpster — Commercial /Construction $6000 Type B (Disturbance of ROW) Sidewalk Repairs (2 inspections) $5500 Driveway, Transverse Street Patch and $16000 Spot Patches (2 inspections) Frontage Improvements (curb, gutter, sidewalk, $3 15/ft with a $160 00 minimum illumination, etc ), Longitudinal Street Patch, and Utility Installation New Street $5 25/ft with a $625 00 minimum Water & Sewer Mains & Laterals (ROW Permit) $16000 (2 inspections) Additional Inspection $5000 Type C (Long Term Use) Application and Processing $10000 Use longer than one year 1/10 adjoining land value set in the County Assessor's records per square foot of impacted ROW annually with a $100 minimum Use shorter than one year 1/50 adjoining land value set in the County Assessor's records per square foot of impacted ROW monthly with a $100 minimum Type D Regular (Franchised Utility Routine Maintenance) $10000 Plan Reviews $0 25 /foot of improvement with $105 minimum Additional Work $45 00 /hour + equipment charges 2. RIGHT -OF -WAY VACATION $57500 EXHIBIT A 3. TELECOM MASTER PERMIT FEE $525.001one time 4. TELECOM LICENSE FEE $210.001one time 5. DRIVEWAY DECOMMISSIONING AND $27000 RECOMMISSIONING FEE DATE SUBMITTED: December 28, 2010 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Amendment No 4 to Committee Meeting Date: January 12, 2011 Professional Services Agreement with COUNCIL MEETING Date: January 19, 2011 Parametrix for Gorst Sewerage Project. Department: PW &U, Engineering Presenter- Tom Knuckey Phone: 473 -2376 SUMMARY: In completing construction of the Gorst Sewerage Project, the consultant completed work beyond their scope of work. The additional work was generally related to design modifications made necessary to resolve utility conflicts due to differing site conditions. The requested action before Council is approval of an amendment to the Professional Services Agreement with Parametrix for the additional work in the amount of $39,806. ATTACHMENTS: 1 Council Summary; 2. Amendment No. 4. FISCAL IMPACTS (Include Budgeted Amount): The Gorst Sewerage Project is included in the 2010 Wastewater Budget; this cost will be paid from the 2010 budget. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR. �L COMMITTEE CHAIR G� 0` COUNCIL PRESIDENT: CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve Amendment No 4 to the Professional Services Agreement with Parametrix, in the amount of $39,806 (including sales tax) and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action i COUNCIL SUMMARY AMENDMENT NO.4 TO PROFESSIONAL SERVICES AGREEMENT WITH PARAMETRIX FOR GORST SEWERAGE PROJECT Summary A professional services agreement was approved by City Council on May 20, 2009 to provide design services for the Gorst Sewerage Project This contract has been modified as follows Contract Increase Contract Scope Total Base Contract N/A $625,000 Design services for collection system and pu m p stations Amendment No 1 $0 $625,000 Amended contract terms related to indemnification Amendment No 2 $98,078 $723,078 Revised pump stations from packaged stations to custom design, required for competitive bid Other minor design and permitting items also included Amendment No 3 $182,000 $905,078 Added various tasks for assistance in construction management, survey and other assistance during construction Amendment No 4 $39,806 $944,884 Miscellaneous out of scope assistance (Proposed) in excess of contract Breakdown included in Parametnx letter A number of issues occurred during construction of the two pump stations, the collection system, and the on -site septic system abandonment which the Consultant assisted the City in resolving The issues are generally related to design modifications necessary to resolve utility conflicts due to differing site conditions These issues were brought to the City's attention during project closeout Descriptions of the individual issues are included in the attached letter from the Consultant dated December 13, 2010 Fiscal Summary These costs are proposed for payment from the 2010 project budget AMENDMENT NO 4 TO PROFESSIONAL SERVICES AGREEMENT FOR GORST SEWERAGE DESIGN PROJECT The City of Bremerton, Washington, (the "City "), and Parametrlx, ( "Consultant ") have entered Into a PROFESSIONAL SERVICES AGREEMENT for the Gorst Sewerage Design Project This AMENDMENT NO 4 modifies the Scope of Work and Budget set forth in the AGREEMENT Dated June 5, 2009 and as amended on July 30, 2009 (Amendment No 1), November 23, 2009 (Amendment No 2), and December 22, 2009 (Amendment No 3,) as outlined in the attached Exhibit A The compensation for services shall be increased by $39,806 and the total fees under this Agreement shall not exceed $944,884 Except as herein modified, the terms of the AGREEMENT shall remain In full force and effect In WITNESS WHEREOF, the parties hereto have executed the AMENDMENT NO 4 to the Professional Services Agreement the date and year indicated For Parametrix, dated this day of , 2011 By For the City of Bremerton, dated this day of , 2011 By DEPARTMENTALAPPROVAL Patty Lent, Mayor Vincent Akhimie, Director of Public Works and Utilities APPROVED AS TO FORM City Attorney RECEIVED FOR FILING Carol Etgen, City Clerk Exhibit A ENGINEERING. PLANNING. ENVIRONMENTAL SCIENCES 7BRF RrrSAPWAY, SUITE A =E N, WA 98312 0 377 0014 F 360 479 5961 wwwparametdx coin December 13, 2010 PMX No 236 - 1896 -085 Mr Tom Knuckey, P E City of Bremerton 3027 Olympus Drive Bremerton, WA 98310 Re. Gorst Sewerage Project REVISED Construction Support Services Amendment Dear Tom i Parametnx is nearing completion of the engineering services for the design and construction of the Gorst Sewerage project During the course of the project, we have incurred costs for services beyond those anticipated in the scope of work as amended The following is a listing of the contract value (including amendments): Contract and Amendment Summary Contract Date Amount Accumulative Initial 6/0512009 $625,000 $625,000 Amendment 1 (Terms Only) 8/15/2009 $0 $625,000 Amendment 2 11/23/2009 $98,078 $723,078 Amendment 3 12/22/2009 $182,000 $905,078 • Phase 1 was for additional start-up. O Phase 2 was for design Amendment 1 was to revise the indemnification clause in the Parametrix contract Amendment 2 was for additional design services m Phase 3 was for construction services and authorized by Amendment 3 to the design contract (see Item A) During the construction phase, Parametrix has been requested by the City to provide services that are outside of the scope of work set forth in Amendment 3 This additional work is summarized in attachment Item B in the amount of $39,806 48 I Exhibit A Mr Tom Knuckey, P E December 13, 2010 Page 2 Parametrix is hereby requesting an additional amendment to our contract for these out of scope services provided during construction. Please advise if questions or we need to provide additional information Sincerely, PARAMETRIX Brian E Bunker, P E Principal BEB ak Enclosure i cc Protect File i Exhibit A CITY OF BREMERTON — GORST SEWERAGE PROJECT BREAKDOWN OF ADDITIONAL ENGINEERING & SURVFYING SERVICES DURING CONSTRUCTION EFFORT FROM iANUARY 1, 2010 THRIJ OCTOBER 31, 2010 No Issue Work Performed _ Wullhormation/Tirigger Time Frame Approx Cos I Aggregate Pier Coordination Several concerns arose from the f faywaid Baker submittal and their progress with installing the piers Phone conversation with Bill Davis Concerns with Havivaid February $1 433 79 Damon s effort to help Bill resolve issues was more than anticipated The locations of the piers at SB4 were Baker and their construction approach per submittal also revised due to the relocation o SSMH A I due to sewerM conflicts discovered at 'Old Gun Sho 2 Stormuater revisions at SB4 Vertical elevation inaccuracy of LYDAR survey WSDOT field comments, and field discovery of odd piping Phone conversation with Lynn and Gunnar Triggered by Februan $7 121 52 alignment at "Old Gun ShoV required redesi of stormwater collection system WSDOT and the design layout 3 Sewer revision at SB 4 Field discovery of illicit sever service connection at gas smnon required alignment change of SSMH A I and Phone conversation with Lynn and Gunnar illicit sever February $2 193 85 gra vity sewer to SB4 Construction drawings were revised connection discove 4 SR 3/Sam Chistofferson sewer crossing Revised alignment to avoid signal loops and reduce the amount of asphalt restoration along SR3 Prepared Phone conversation with Gunnar Opportunity to reduce the febniary $1 51336 exhibit for WSDOT request to open cut roadway crossing Revised construction draumgs to reflect field construction costs of project conditions and desi n changes 5 Sewer alignment revisions on Sherman City potholed 8 and 24" watermains to verify depths Watermams found to he shallow PMX revised Phone conversation with Gunnar Redesign to avoid higher Februarv/Marchl $9 213 62 Heights basemap to reflect City constructed 8'24 watermam interne re- aligned the sewer main nod re% ised the construction costs and possible change order April _ construction drawings Survey of thole data 6 DOE sewer service crossing exhibits on Prepared sewer service exhibits to reflect sewer main design changes and watermam clearance variance Work triggered by sewer alignment change and required February $3 360 13 Sherman Heights, re quest Once approved, PM X revised the sewer detail sheet _ varvirec request from Ecolo 7 W-itermam conflict along West Belfair Location of 8 and 30 watermam not per utility locate or Cov As Built records PMX assisted with Phone conversation with Gunnar Discovery of uatermain May $3 644 44 Valley Road across from SB 3 developing m-design options Suite of utiliti tholed conflict with sewer line 8 Preparation of SB 4 R/W exhibit for PMX mathematically calculated the location of the cast prnperty fine of SB -4 along SR3 prepared exhibit Phone conversation with Gunnar WSDOT concerned that SBA May/June $2,414 22 (Billed WSDOT and staked the location in the field site improvements were within their R1W City desire to not to City under Task collect WSDOT stormwater runoff 08 9 Sewer alignment revisions on Sherman Vertical elevation of abandoned 8 waterline not per As Built PMX revised the sewer verticaVhorimntal Phone conversation with Gunnar Discovery of watermim nonh Julv S 1 27447 Heights I ah merit tc avoid conflict with 24 watermain Surve oC othole data _ of RR Crossm was not City As Built 10 Construction staking at um stations Construction staking of curbing redesign by Ci Phone conversation with Bill Redesign of curbme b Ci July $2 552 87 1 I Transient Anal sic Transient anal cis of the sewage forcemains that serve the 3 sea a "c um staunns Written authonzsuon to proceed and not exceed $5 500 1 August Set $s 084 21 TOTAL $39,80648 DATE SUBMITTED December 28, 2010 AGENDA BILL CITY OF BREMERTON CITY COUNCIL VS& SUBJECT: Professional Services Committee Meeting Date January 12, 2011 Agreement with Art Anderson and COUNCIL MEETING Date January 19, 2011 Associates for the Oyster Bay Maintenance Department PW &U Building Remodel at 100 Oyster Bay Presenter Vincent Akhimie Avenue Phone. 473 -5315 SUMMARY: The City wishes to consolidate the Water Resources and Engineering Divisions to its Oyster Bay facility and had previously contracted pre- design work with Art Anderson and Associates to assist the City in this effort This contract is a continuation of this pre- design work with an evaluation of remodeling the existing maintenance building or construction of a new building This assistance shall be a not to exceed amount of $21,670 00 for a total expenditure of $46,590 00 with Art Anderson and Associates ATTACHMENTS: 1 Council Summary, 2 Professional Services Agreement FISCAL IMPACTS (Include Budgeted Amount) The amount of the Professional Services Agreement is not to exceed $21,670 00 The project is included in the 2011 Water Fund budget at $1,200,000 APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY FINANCE DIRECTOR MAYOR COMMITTEE CHAIR COUNCIL PRESIDENT CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve the Professional Services Agreement between the City of Bremerton and Art Anderson and Associates and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action COUNCIL SUMMARY Oyster Bay Remodel, Phase IV Summary The City of Bremerton Public Works Department is preparing to consolidate the Engineering and Water Resources Divisions from the Olympus Drive Facility to the Oyster Bay Public Works Complex In order to accomplish this relocation, additional office space is required at Oyster Bay In anticipation of the move, Water Resources submitted a request to the Federal Communications Commission (FCC) to transfer 9 radio licenses used by Water Resources to the Oyster Bay complex The City has received approval for three of the licenses with an extension to December 31, 2011 and is currently in negotiations with the remaining six The transfer of these licenses has become a critical timeline element in having the Water Resources division moved to Oyster Bay by the end of 2011 An initial contract with Anderson and Associates (AAA) was signed in July of 2009 for $24,920 AAA's scope of work included investigating the feasibility of the Oyster Bay remodel, providing preliminary costs analysis, and producing preliminary layouts for the proposed floor plans This work was completed in August of 2009 Subsequent to completion of this initial contract, AAA was directed to continue pre - design activities This included structural investigation of the existing building and detailing of work needed to complete the remodel Current cost to date for this additional work is $15,170 A current review of scope and costs has resulted in a need to perform an evaluation of the least cost alternative to consolidate staff at the Oyster Bay site, specifically a comparison of remodel versus construction of a new building on the City property This additional work has been negotiated with AAA for a not to exceed amount of $6500, which would result in a contract amount of $21,670 Total expenditure with AAA would be $46,590 with both contracts Following completion of this evaluation, a separate contract is anticipated with an architectural firm for design services for either remodel of the existing building, or construction of a new building City staff would perform all site work design, permitting, project and construction management Fiscal Summary The project is included in the 2011 Water Fund budget at $1,200,000 Airport Extension Phase II Council Summary PROFESSIONAL SERVICES AGREEMENT [Oyster Bay Remodel Phase IV, City Project #4474.1 The City of Bremerton ( "City ") and Art Anderson and Associates ( "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 21, 2010, 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 G 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 H. 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 within 30 days of execution of this contract, 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 M. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $21,670 00 Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit A 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 H 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 otherwise provided, such compensation shall be in accordance with Exhibit C If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance Such withholding does not relieve Consultant of its obligations under this Agreement Bremerton/Art Anderson and Associates Oyster Bay Remodel, Phase IV Page 1 of 7 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 ansing 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 ansing 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 AEVIUNITY 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 Bremerton/Art Anderson and Associates Oyster Bay Remodel, Phase IV Page 2 of 7 VI. Insurance: Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage, and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage Coverage shall include but not be limited to blanket contractual, products /completed operations/broad form property` damage, explosion, collapse and underground (XCU) if applicable, and employer's liability, and 3. Excess 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 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 Bremerton/Art Anderson and Associates Oyster Bay Remodel, Phase IV Page 3 of 7 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 Bremerton, 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 F Severabilitv 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 Bremerton/Art Anderson and Associates Oyster Bay Remodel, Phase IV Page 4 of 7 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 Consultant Address City of Bremerton Art Anderson and Associates Attn Gunnar Fndnksson Attn Dennis Kirkpatrick 3027 Olympus Drive 202 Pacific Avenue Bremerton, WA 98310 Bremerton, WA 98337 I 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, disability, or sexual orientation 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 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 Bremerton/Art Anderson and Associates Oyster Bay Remodel, Phase IV Page 5 of 7 If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement A Excusable Delays The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency, 2) any acts of the City, its consultants, or other public agencies causing such delay, and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay B Rights Upon Termination In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant CITY OF BREMERTON CONSULTANT By B its its Date Date Approved as to form Attest Bremerton City Attorney City Clerk R \L EGAL \Contracts\FORMSftofessional Services Agreement Form (2003) doc Bremerton/Art Anderson and Associates Oyster Bay Remodel, Phase IV Page 6 of 7 Exhibit A Scope of Work (1/5/2011) This project scope is for support on pre - design work for the City of Bremerton to move its Water Resources and Engineering Divisions from Olympus Drive to the Oyster Bay complex This contract covers previously requested work and the following Previously Completed Work • Structural investigation of the existing maintenance building • Detailing HVAC needed and upgrading main controller • Cost estimating remodel COST $15,170 Additional Pre - design Work Requested • Meetings with Public Work Representatives • Cost estimates for a 12,000 square foot single floor steel building • Cost estimates for a 12,000 square foot two story steel building • Options for expedited construction to meet the end of year move date for the two divisions This would include the possible use of modular or portable offices • Review of and space planning for the existing administrative offices at Oyster Bay The anticipated work products for the above will at a minimum include the following • Cost estimate for comparisons between 1 Remodel of the existing maintenance building 2 Construction of a single floor steel building 3 Construction of a two story steel building • Recommendations for expedited construction • Drawings of the existing administrative offices showing possible options for revisions COST $6,500 GRAND TOTAL: 21,670 The City of Bremerton shall be responsible for the Site Development design, engineering, and drawings for the property traffic circulation and parking Bremerton/Art Anderson and Associates Oyster Bay Remodel, Phase IV Page 7 of 7 ART DE' ®m AssocwEs BETORD EnGiliffifiMMING VM Attachment is Schedule of Charges 'V*we wVhawing sovam am pmalbt w = !h moll bmi*, Me Wbmmg nabas sW appV to mver salwLes, twms,,wasmwme,, atmimsbatmrR, gamm. anffftm4, amt pmMt Cl cation Rab.- (NW➢ P MW%Vff Sr-'Fmgbeer&.Amrhbsft -- -- - En&eff/Ard�/&r Desper De§gwr CADDrafter 7P Gerkal EVen'%Mmms -- Preparafan AutomobfleTrawdl EnRahe Consdftmt Cogs AdWdqmdFI�W TTavep costs AdhmAIwsftpJkmi= Food and Lad gmr, j7 Ph Phowcupybv (caw)) d asWeabarlme Eqg& weft Cqpiu Bond Engheeft CapfierVdIhm PbtteT OpaqMe Band MaUeir RresentmEam SARS i PikAterVeflumm sio�qfdtfldbffi t r mrmne pDaw MyUar 01 6TO k- I k - IO_ - kM _q Re —r-Ift-ff t rM 0 e OUwRepjra&nrfbm cCr AdhuWIem&tgdkmIW% Fffm SdwduIe pdv I of I DATE SUBMITTED January 11, 2011 AGENDA BILL CITY OF BREMERTON CITY COUNCIL t5 SUBJECT: Amendment No 2 to Remedial Committee Meeting Date January 12, 2011 Action Grant from Department of Ecology COUNCIL MEETING Date January 19, 2011 for the Former Chevron Property Department PW &U, Engineenng Presenter Tom Knuckey Phone 473 -2376 SUMMARY: The City executed an Agreed Order with the Department of Ecology to address remediation at the Former Chevron Property The Agreed Order made the property eligible for a Remedial Action Grant which has reimbursed costs at 90% Ecology has indicated additional remediation is required at the site, and has offered an amendment to the grant to continue their reimbursement for the work The requested action before the City Council is approval of Amendment No 2 to Ecology Grant No G0900223 in the amount of $259,333 ATTACHMENTS: 1 Council Summary, 2 Amendment No 2, 3 Amendment No 1 to Remedial Action Grant FISCAL IMPACTS (Include Budgeted Amount) This grant amendment provides increased funding for proposed remediation work at the former Chevron Property APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR COMMITTEE CHAIR��'�y ✓�� COUNCIL PRESIDENT . _ CONSENT AGENDA 9 GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve Amendment No 2 to Ecology Grant No G0900223 and authorize the Mayor to finalize and execute the amendment with substantially the same terms and conditions as presented COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action COUNCIL SUMMARY AMENDMENT NO.2 TO REMEDIAL ACTION GRANT FROM ECOLOGY FOR THE FORMER CHEVRON PROPERTY Summary Remediation of the former Chevron Property was conducted in 2009, and consisted of infection of a chemical oxidizing reagent and soil mixing in the lower yard, and excavation and removal of small concentrated contamination "hot spots" in the upper yard This approach was selected since the mass excavation alternative for the entire site was cost prohibitive (estimated at $5 7M), and further since use of the chemical infection and soil mixing qualified the project for 90% grant reimbursement, rather than the 75% reimbursement which would have been offered for the excavation alternative Cleanup costs associated with this site to date are approximately $200,000, given Ecology's financial assistance with the project At this time, Ecology has agreed our site cleanup is substantially sufficient; however, they require one additional application of the chemical reagent in an area of the lower yard with a high level of residual contamination The proposed contract with Parametrix provides for professional services to develop bid documents for this work, along with associated groundwater sampling, and reports All work under this contract will be completed in 2011 Follow -on work at the site is anticipated to be limited to long -term groundwater monitoring which was previously agreed to in the Agreed Order, and in the associated Remedial Investigation /Feasibility Study This sampling is expected to cost $30,000 annually, with grant funding available for the first year (2012 ) Groundwater sampling will be required to continue until a follow -on agreement is reached with Ecology based on either MTCA cleanup levels being reached, or Ecology's determination that remaining levels no longer require monitoring Monitoring is expected to be required a minimum of 5 -years (until 2016 ) Fiscal Summary The proposed Amendment No 2 to the Ecology grant provides $259,333 to supplement remaining grant funds for work associated with the remediation and will testing for the former Chevron Property The Remedial Action Grant was previously amended administratively by the Department of Ecology in a letter dated May 20, 2009 to the City of Bremerton Projected reimbursement is as follows AMOUNT ITEM 2011 Remediation $134,000 Consultant assistance in second ORC infection, groundwater monitoring, reporting, and development of a second Agreed Order to quantify follow -on activities at the site $140,000 Construction contract for second ORC injection $23,500 City PM, Inspection, and reimbursement of Ecology invoices $297,500 Projected 2011 Remediation Cost $273,750 Projected 2011 Reimbursement (Estimated as 90% of remediation costs with the exception of Ecology costs, p lus $24,000 reimbursement of 2010 costs. $23,750 Net City 2011 remediation cost Amendment No 2 Ecology Grant No G0900223 With City of Bremerton AMENDMENT NUMBER 2 TO GRANT NUMBER G0900223 REMEDIAL ACTION GRANT BETWEEN STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND THE CITY OF BREMERTON The purpose of this amendment is to add funds All other terms and conditions of the original grant agreement, and any amendments thereto, remain in effect The effective date of this amendment is 12/30/2010. It is mutually agreed that the agreement is amended as follows: 1 The total maximum eligible cost for this grant increases by $259,333 from $1,569,000 to $1,828,333. 2. The total state share of this grant increases by $233,400 from $1,412,100 to $1,645,500 3 The Fund Source and Budget Plan are replaced as follows A. Fund Source SBCA 057/154 Total Eligible Protect Cost $1,828,333 Fund Fund Share ( %) Maximum Fund Amount State Building Construction Account (SBCA) 90% $1,645,500 Match Requirement Match Share ( %) Match Amount Cash Match 10% $182,83 Page 1 of 2 Amendment No 2 Ecology Grant No G0900223 With City of Bremerton B. Budget Plan Project Task Current Budget Amendment Maximum # Changes Elhuble Cost 1. Site Sediment Investigation $55,000 $0 $55,000 2. R1/FS Work Plan and Agreed $62,700 $0 $62,700 Order 3. RI/FS and Draft CAP $240,300 $93,569 $333,869 4. Interim Actions $1,211,000 $165,764 $1,376,764 TOTAL: $1,569,000 $259,333 $1,828,333 State Share $1,412,100 $233,400 $1,645,500 IN WITNESS WHEREOF, the parties hereby sign this Agreement- STATE OF WASHINGTON CITY OF BREMERTON DEPARTMENT OF ECOLOGY Laurie G. Davies Date Patty Lent Date Program Manager Mayor Waste 2 Resources Program Approved as to form only Assistant Attorney General Page 2 of 2 \ Wpj Vl C%AAIV L%A411Vlll 1 CQyG L UL L C arol Etge From: Thomas Knuckey Sent: Tuesday, January 11, 20119 22 AM To: Angela Woods Cc: 'Lindwall, Lydia (ECY)' Subject: FW Copy of Amendment 1 Attachments: G0900223 Amendment 1 pdf Angela - please Include the e-mail and attachment to the Agenda Bill Lydia — no worries — thanks so much for the explanation and assistance Tom From: Lindwall, Lydia (ECY) [malito.11in461 @ECY.WA.GOV] Sent: Tuesday, January 11, 20119:18 AM To: Thomas Knuckey Subject: Copy of Amendment 1 Tom, here is a copy of Amendment 1 performed administratively by my Budget planner. We were directed by the legislature to move all funds from the LTCA to the SBCA when they swept LTCA In 2009. This letter did not indicate that It was an amendment to the agreement, but It was a letter amendment. You were notified about the change (see attachment), but because it was not a formal amendment, it did not require your signature. I don't even know If my budget planner knew it would be considered an amendment by the contracts and grants system. I track my amendments on a tracking sheet so when I entered this new amendment, and didn't see any others, I thought it should be Amendment 1. 1 should have remembered that those letters were amendments, but was so busy, It didn't even cross my mind. I am so sorry The budget office caught it when they went to enter the agreement into the contracts and grants system This is one reason we aren't supposed to send out drafts before internal review is completed; We usually catch the mistakes before you see them. See we really aren't perfect, we dust try not to let you see that O <<G0900223 Amendment 1 pdf» Lydia Lydia S Lindwall I Remedial Action Grant Manager 1 360 407 6067 Waste To Resources Program (W2R) - Washington State Department of Ecology A Please consider the environment before printing this e-mail RA Program Websrce. http -Jlwww ecr wa i[ ovi proyamslswfaigrantslraut.html RA Program Guidelines. htt%rJ/www ecrwa nov/bib1w9 1007012.htmi Yellow Book httpJhvww ecy wa noviboblioN 118.htmi 1/11/2011 o � a _ � �� a O °�j IBl9 Z' STATE OF WASHINGTON DEPARTMENT OF ECOLOGY PO Box 47600.Olympia, WA 98504 -7600 a 360- 407 -6000 711 for Washington Relay Service • Persons with a speech disability can call 877 - 833 -6341 May 20, 2009 Thomas Knuckey City of Bremerton Former Cheveron Property 3027 Olympus Drive Bremerton, WA 98310 RE: Notification of Change in Funding Source for Grant No. G0900223 Dear Thomas Knuckey: Because of the budget bills passed during the 2009 legislative session, Ecology is required to transfer a large portion of the grants that are currently funded out of the Local Toxics Control Account (LTCA) over to the State Building Construction Account (SBCA). This letter is to notify you that the grant number listed above is now funded out of SBCA. Please be assured that this change does not affect your current funding in any way. Grants written in the 09-11 biennium will also be funded out of the SBCA. Some additional planning and paperwork will be required due to the funding source change. Grant managers will be contacting all of their recipients in the next two weeks with more information and instructions. We are confident that together we can implement this funding transition with minimal impact. Sincerely, Jessica Quintero Budget Planner Solid Waste and Financial Assistance Program WA State Department of Ecology , DATE SUBMITTED: AGENDA BILL CITY OF BREMERTON CITY COUNCIL W5 •• eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee SUBJECT: Budget Increase fo = w aq f Committee Meeting Date: January 12, 2010 Chevy 44epetsy Remediation Fund. COUNCIL MEETING Date: January 19, 2010 Department: PW &U, Engineering Presenter: Tom Knuckey Phone: 473 -2376 SUMMARY: The budget for the Former Chevron Property Remediation Fund (Fund 311) was developed assuming demolition of the fuel pier would be completed in 2010. The contractor selected to demolish the fuel pier requested demolition be delayed until January 2011 to accommodate their scheduling. This delay will cause planned 2010 expenditures to occur in 2011. The requested action before City Council is approval of an increase in the Fund 311 budget to 425,000. ATTACHMENTS: 1. Council Summary FISCAL IMPACTS (Include Budgeted Amount): Increasing the 2011 Fund 311 budget from $270,000 to $425,000 will provide sufficient funding for all planned expenditures. APPROVALS: �► DEPARTMENT DIRECTOR: V w CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to increase the Fund 311 budget to $425,000 to provide sufficient funding for the fuel pier demolition and remediation activities at the former Chevron property COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action COUNCIL SUMMARY BUDGET INCREASE FOR THE FORMER CHEVRON PROPERTY REMEDIATION FUND (FUND 311) Summary Fuel Pier Demolition Delay When the 2011 budget was developed, it was anticipated the demolition of the fuel pier would be completed in 2010 Subsequent to contract award, the contractor (Northwest Marine Construction) requested the demolition be delayed until January 2011 to address scheduling conflicts with their other projects Staff reviewed grant restrictions, and confirmed the delay would not affect reimbursement Notice to proceed was issued December 27, 2010, and all work is contractually required to be complete by January 27, 2011 The contractor is planning to begin their work on January 3` and expects to be complete within one to two weeks Delay in this work results in approximately $115,000 in expenditures in 2011 that were anticipated to occur in 2010 Site Remediation Status Remediation of the former Chevron Property was conducted in 2009, and consisted of infection of a chemical oxidizing reagent and soil mixing in the lower yard, and excavation and removal of small concentrated contamination "hot spots" in the upper yard This approach was selected since the mass excavation alternative for the entire site was cost prohibitive (estimated at $5 7M), and further since use of the chemical infection and soil mixing qualified the project for 90% grant reimbursement, rather than the 75% reimbursement which would have been offered for the excavation alternative Cleanup costs associated with this site to date are approximately $200,000, given Ecology's financial assistance with the project At this time, Ecology has agreed our site cleanup is substantially sufficient, however, they require one additional application of the chemical reagent in an area of the lower yard with a high level of residual contamination, and additionally require installation of a new monitoring well, along with air sampling The air sampling and monitoring well were not included in the 2011 budget, as the requirement was not relayed to the City until December, 2010 The proposed contract with Parametrix provides for professional services to develop bid documents for this work, along with associated groundwater and air sampling, and reports All work under this contract will be completed in 2011 Follow -on work at the site is anticipated to be limited to long -term groundwater monitoring which was previously agreed to in the Agreed Order, and in the associated Remedial Investigation /Feasibility Study This sampling is expected to cost $30,000 annually, with grant funding available for the first year (2012 ) Groundwater sampling will be required to continue until a follow -on agreement is reached with Ecology based on either MTCA cleanup levels being reached, or Ecology's determination that remaining levels no longer require monitoring Monitoring is expected to be required a minimum of 5 -years (until 2016 ) Fiscal Summary The requested budget amendment will provide for $155,000 in expenses not anticipated during development of the 2011 budget Of this amount, $135,000 are "carry- over" costs (with associated grant revenue) for work not completed in 2010 as originally forecast $20,000 is new work required by Ecology associated with air sampling, installation of the new monitoring well, and re- development of other wells at the site This new work is grant funded at 90% by Ecology An expenditure and revenue forecast for Fund 311 was completed on December 22, 2011 Work activities include the following major items and cost COST ITEM Remediation $134,000 Consultant assistance in second ORC injection, groundwater monitoring, reporting, and development of a second Agreed Order to quantify follow -on activities at the site $140,000 Construction contract for second ORC injection $23,500 City PM, Inspection, and reimbursement of Ecology invoices $297,500 Total Projected Remediation Park Const. $9,500 Materials purchase for park development $9,500 Total Park Development Pier Removal $115,000 Pier Removal contract ($95,242), and City CM and inspection $115,000 Total Pier Removal $422,000 1 TOTAL PROJECTED EXPENSE Total projected revenue is $328,750 with $55,000 from the National Fish and Wildlife Foundation for design, permitting and construction of the removal of the Chevron Fuel Pier, and $273,750 from Ecology for 90% reimbursement of remediation costs The existing fund balance (as of December 22, 2010) is $105,000 The projected 2011 end of year fund balance in Fund 311 is $11,750 DATE SUBMITTED- December 28, 2010 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Professional Services Committee Meeting Date: Jan uary 12, 2011 Agreement with Parametrix for Continued COUNCIL MEETING Date: January 19, 2011 Remediation of the Former Chevron Department: PW&U, Engineering Property. Presenter: Tom Knuckey Phone: 473 -2376 SUMMARY: Activities at the former Chevron Property have been on -going since 2005, and have been administered as a component of the Boardwalk Project. Work completed to date includes contamination testing, site remediation and completion of associated studies and documentation in compliance with an Ecology Agreed Order. Additional remediation and compliance testing remains, and is proposed to be completed under a new contract with the consultant. The requested action before Council is approval of a contract with Parametrix for continued remediation activities at the former Chevron Property. ATTACHMENTS: 1. Council Summary; 2 Professional Services Agreement. FISCAL IMPACTS (Include Budgeted Amount): This work is included in the Fund 311 budget which is $270,000 for 2011. Delays in a separate project anticipated to be completed in 2010 will result in 2011 expenditures in Fund 311 of approximately $425,000. A separate Agenda Item will address this issue. APPROVALS: DEPARTMENT DIRECTOR: k CITY ATTORNEY: FINANCE DIRECTOR. MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve the Professional Services Agreement with Parametrix, in the amount of $123,786 (including sales tax) and authorize the Mayor to finalize and execute the contract with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action COUNCIL SUMMARY AMENDMENT NO.4 TO PROFESSIONAL SERVICES AGREEMENT WITH PARAMETRIX FOR CHEVRON PROPERTY REMEDIATION Summary Remediation of the former Chevron Property was conducted in 2009, and consisted of infection of a chemical oxidizing reagent and soil mixing in the lower yard, and excavation and removal of small concentrated contamination "hot spots" in the upper yard This approach was selected since the mass excavation alternative for the entire site was cost prohibitive (estimated at $5 7M), and further since use of the chemical injection and soil mixing qualified the project for 90% grant reimbursement, rather than the 75% reimbursement which would have been offered for the excavation alternative Cleanup costs associated with this site to date are approximately $200,000, given Ecology's financial assistance with the project At this time, Ecology has agreed our site cleanup is substantially sufficient, however, they require one additional application of the chemical reagent in an area of the lower yard with a high level of residual contamination The proposed contract with Parametrix provides for professional services to develop bid documents for this work, along with associated groundwater sampling, and reports All work under this contract will be completed in 2011 Follow -on work at the site is anticipated to be limited to long -term groundwater monitoring which was previously agreed to in the Agreed Order, and in the associated Remedial Investigation /Feasibility Study This sampling is expected to cost $30,000 annually, with grant funding available for the first year (2012 ) Groundwater sampling will be required to continue until a follow -on agreement is reached with Ecology based on either MTCA cleanup levels being reached, or Ecology's determination that remaining levels no longer require monitoring Monitoring is expected to be required a minimum of 5 -years (until 2016 ) Fiscal Summary This Professional Services Amendment is for $123,786, and is 90% reimbursable by the Remedial Action Grant The attached expense and revenue projection was completed which projected a 2011 year ending fund balance of $11,750 for Fund 311 PROFESSIONAL SERVICES AGREEMENT Former Chevron Property Remediation 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 2010, 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.G 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 in 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 $123,786 Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this reference The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule Upon receipt of a conforming billing statement, the City shall promptly process payment PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein The Consultant's labor rates and billing fees shall be as delineated in Exhibit C Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit C If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance Such withholding does not relieve Consultant of its obligations under this Agreement Bremerton/Parametnx Former Chevron Property Remediation Page 1 of 6 1 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, ansing out of or in connection with the performance of this Agreement, except for that portion of the mjunes 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 ansing 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 tlus section shall survive the expiration or termination of this Agreement Bremerton/Parametnx Former Chevron Property Remediation Page 2 of 6 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 anse 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 mjury, bodily injury and property damage Coverage shall include but not be limited to blanket contractual, products /completed operations/broad form property damage, explosion, collapse and underground (XCU) if applicable, and employer's liability, and 3. Excess 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 Bremerton/Parametrix Former Chevron Property Remediation Page 3 of 6 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 Bremerton, 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 Bremerton/Parametnx Former Chevron Property Remediation Page 4 of 6 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 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 345 5 1h Street 4660 Krtsap Way Suite A Bremerton, WA 98337 Bremerton, WA 98312 I 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 Krtsap 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, disability, or sexual orientation 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 other Parry 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) Bremerton/Parametnx Former Chevron Property Remediation Page 5 of 6 days of the terminating Party's sending notice to the non - performing Parry 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 protect is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terrmnate 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 tune 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 seventy 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 tune 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 CONSULTANT By PgM Lent By its Mavor its Date Date Approved as to form Attest Bremerton City Attorney City Clerk R \ LEGAL \Contracts\FORMS\Professional Services Agreement Form (2003) doc Bremerton/Parametnx Former Chevron Property Remediation Page 6 of 6 EXHIBIT A — SCOPE OF WORK City of Bremerton Professional Services Agreement for Former Chevron Property Remedial Investigation, Feasibility Study and Interim Action Completion INTRODUCTION This scope of work (SOW) describes Parametrix's tasks for completion of the remedial investigation/feasibility study (RI/FS) and Interim Action (IA) activities at the Former Chevron Property The tasks described here supplement work performed previously at the site under separate contract The supplemental work was requested by the Washington State Department of Ecology (Ecology) during a December 2, 2010 protect meeting Ecology will provide 90 percent matching funds for the work under their Remedial Action Grant program The tasks described in this SOW are intended to complete the required RI/FS and IA activities at the site Additional RI and IA activities include installation of a new well, redevelopment of all existing wells, air sampling, infection of oxygen release compound (ORC) into several "hot spots," and a single round of groundwater sampling Following these activities, the existing draft RI/FS Report will be finalized and a Draft Cleanup Action Plan (DCAP) will be prepared TASK 1 — PROJECT MANAGEMENT AND ADMINISTRATION Goal To provide for overview and direction of task activities in a manner that allows for the delivery of the protect in accordance with the scope, schedule, and budget Approacb Specific work elements will include • A combination of in -house reviews and monthly progress reports will be used to deliver elements of work described in this scope of work • Weekly calls or meetings with the City's protect manager to update progress • Management of subcontractors Deliverables Parametrix anticipates the following work products for this task • Routine correspondence, schedule and budget updates, status reports on progress of work Assumptions City of Bremerton 255- 1896 -063 Scope of Work 1 December 2010 The task budget is based on the following assumptions • Project management and administration tasks will be performed through the project period, which will end upon termination of funding from Ecology • Monthly protect update calls will be attended by the project manager • Up to six, 2 -hour face -to -face meetings or conference calls with Ecology will be required under this task TASK 2 — SUPPLEMENTAL REMEDIAL INVESTIGATION /FEASIBILITY STUDY WORK PLAN Goal Prepare a Work Plan for the additional RI and IA activities to be performed Approach The following activities will be performed • Preparation of a streamlined Work Plan for the additional RI/FS and IA activities The Work Plan will consist of a technical memorandum with supporting tables and figures as appropriate Deliverables The following deliverables will be submitted under this task • Draft and Final Work Plan Assumptions The task budget is based on the following assumptions • Up to two 2 -hour meetings will be held with the City and Ecology via telephone to discuss approaches and comments to the Draft Work Plan • The Draft Work Plan will be submitted electronically in PDF format Two hard copies of the final plan will be submitted to Ecology and one hard copy will be submitted to the City Final hard copy submittals will include a CD with an electronic copy of the Final Work Plan in PDF format City of Bremerton 255- 1896 -063 Scope of Work 2 December 2010 TASK 3 — ADDITIONAL RUFS FIELD WORK Goal To complete the required additional RI/FS site investigations Approacb The following activities will be performed • Installation of a new monitoring well downgradient of existing well MW09 The purpose of the new well is to assess the downgradient extent of the contaminated groundwater plume in this area, which currently extends beyond MW09 • Development of the twelve existing wells to reduce the amount of suspended sediment in samples collected from the wells Development will be accomplished by surging and over pumping • Collection of five air samples at the site to assess potential park user exposure to volatile organic compounds (VOCs) in air A total of five samples will be collected using colonmetnc tubes and a photoiomzation detector • Collection of one round of groundwater samples from thirteen wells • Additional survey effort to map the elevation of the new well and any existing well that is raised to accommodate filling activities at the site Deliverables Deliverables for this task will be provided under Task 5 below Assumptions The task budget is based on the following assumptions • Well development can be accomplished within five field days by a single staff geologist • Development water from the wells will be disposed of at the City's WWTP using a City vactor truck • Air sampling can be accomplished during one field day by a staff geologist The results of the air sampling will be reported under Task 5 below TASK 4 — INTERIM ACTION DESIGN AND CONSTRUCTION OVERSIGHT Goal To design the IA, oversee the IA contractor during construction, and aid the City in the execution and management of the project City of Brenterlon 255 -1896 -063 Scope of Work 3 December 2010 Approach The following activities will be performed • Preparation of plans (2 sheets maximum), specifications (WSDOT format, Divisions 01 and 02), and cost estimate Design review shall be streamlined and submittals shall consist of a 90% and for - construction Bid Set • General bid support, review of Contractor submittals and response to Contractor requests for information • Survey staking of infection locations • On -site observation of Contractor during performance of the IA • Reporting of IA activities under Task 5 including a record drawing Deliverables The following deliverables will be submitted under this task • 90% and Bid Set PS &E • Request for information responses • IA activities description and record drawing (to be included in deliverables under Task 5) Assumptions The task budget is based on the following assumptions • The record drawing will consist of a hand - prepared "redline" of the construction plan sheet sealed by a professional engineer • Staffing for IA oversight is assumed to require one person onsite full time for up to 12 working days • Up to six face -to -face 2 -hour meetings and/or site visits will be attended by the project manager for the following purposes design review, preconstruction site walk, bid opening, and site visits during construction TASK 5 — RI /FS REPORT, DCAP, AND NEGOTIATE 2 ND AGREED ORDER Goal To integrate the results of the additional RI and IA activities into the existing Draft RI/FS Report, prepare a DCAP, and support the City during negotiations for the site's 2 nd Agreed Order City of Bremerton 255 -1896 -063 Scope of Work 4 December 2010 Approach The following activities will be performed • Completion of the existing Draft RI/FS Report to include descriptions of the additional RUNS and IA activities performed under this SOW • Preparation of a DCAP describing the selected cleanup approach for the site and an appropriate long -term groundwater monitoring program Deliverables The following deliverables will be submitted under this task • Draft and Final RI/FS Report • Draft Cleanup Action Plan (DCAP) Assumptions The task budget is based on the following assumptions • Up to four face -to -face 4 -hour meetings will be held with Ecology and /or the City to discuss the RI/FS Report and DCAP • A single round of comments each from the City and Ecology will be required to finalize the RI/FS Report and the DCAP • The Draft RI/FS Report and DCAP will be submitted electronically in PDF format Two hard copies of the final documents will be submitted to Ecology and one hard copy will be submitted to the City Final hard copy submittals will include a CD with an electronic copy of the final documents in PDF format Laboratory Data will be provided to Ecology in Environmental Information Management (EIM) format City of Bremerton 255 -1896 -063 Scope of Work 5 December 2010 EXHIBIT B Schedule Work Element Completed or Submitted By Notice to Proceed February 1, 2011 Draft RI/FS Work Plan and 90% PS &E February 15, 2011 Well installation /development, final Work Plan, March 1, 2011 Bid Set PS &E, advertise contract Groundwater sampling round April 15, 2011 Draft RI/FS Report May 15, 2011 Award injection Project May 1, 2011 ORC injection and preliminary DCAP June 1, 2011 Final RI/FS Report June 15, 2011 Final Draft Cleanup Action Plan June 30, 2011 Project Close Out September 30, 2011 City of Bremerton 255 -1896 -063 Scope of Work 1 December 2010 j EXHIBIT C Budget Task 1 Project Management and Administration ... $11,192 Task 2 Supplemental RI/FS Work Plan $8,980 Task 3 Additional RI/FS Field Work ................ .... $31,754 Task 4 IA Design and Construction Oversight...... $28,536 Task 5 RUFS Report, DCAP, and Negotiate 2 °d Agreed Order .. $37,122 Allocated Expenses (6% of Labor) ...... $6202 TOTAL ................................................................. ............................... .......................$123,786 NOTES- The estimated fees shown above were determined on a cost plus multiplier basis, these fees shall not be exceeded without prior written approval by the City Personnel hourly rates shall be determined as follows Direct salary x 3 1 not to exceed $150 00 Subconsultants, sampling supplies, and equipment rental shall be subject to a 5% markup A breakdown of costs is provided in the attached budget spreadsheet City of Bremerton 255- 1896 -063 Scope of Work 1 December 2010 Client City of Bremerton Project Chevron Property RI/FS IA Completion Project No 235 - 1896 -OU Parametrix _ ° _�- o o 0 0 a� m c M 0 0 cn a) 5 T) a>i 0 Z o U) H 2 N (n 0 m U) 0� _ _n Labor Burdened Rates $133 00 $6708 $8761 $15000 $16740 $9359 $81 13 Phase Task Description Total Hours Mult. 01 RI /FS and IA Completion $103,361 973 3.1 302 80 434 78 11 60 8 01 Project Management $11,191 90 31 48 18 24 02 RI /FS & IA Work Plan $8,980 76 3 1 44 12 8 12 03 RI/FS Field Work $17,531 183 31 26 10 140 2 5 04 IA Desi n and CM $28,536 276 31 62 16 148 20 6 24 05 RI/FS Re ort and DCAP $37,122 348 31 122 24 146 24 24 8 06 Allocated Expenses - $0 0 00 Labor Totals: $103,361 973 302 80 434 78 11 60 8 $40,166 $5,366 $38, $11, $1,8 $5,615 $ 649 SUBCONSULTANTS Task/Subconsultant Amount Task 03 - APS (locates) $35700 Task 03 - ESN Northwest (drilling) $2,10000 Task 03 - OnSite Env (laboratory) $6,82605 Subconsultant Total. $9,283 DIRECT EXPENSES: Task/Description Amount Task 03 - Expenses (Supplies /Rental) $4,94000 Task 06 - All Expenses (6% of Labor) $6,20200 Expense Total: $11,142 Project Total: 123,786 EXHIBIT C DATE SUBMITTED December 28, 2010 AGENDA BILL CITY OF BREMERTON CITY COUNCIL s5 K SUBJECT: Amendment-cif EPA Grant for Committee Meeting Date: January 12, 2011 Gorst Creek Plan COUNCIL MEETING Date. January 19, 2011 Department: PW &U Presenter: Tom Knuckey Phone: 473 -2376 SUMMARY: The City, through Council action on July 21, 2010, has accepted $659,477 in grant funding from the US EPA to develop a Comprehensive Plan for the Gorst Creek Watershed. The work consists of six tasks and will be completed with assistance from a consultant. During development of the consultant scope of work, it was determined that adjustments would need to be made to the work scope and budget distribution from what was initially offered in the grant. Staff has contacted the granting agency for permission to change the funding distribution of the grant to meet the actual needs of the project (draft document attached). Because there is no change to the overall scope of the project and the city is not requesting additional funds, the granting agency has indicated their willingness to amend the original grant document. The requested action before Council is approval of the amended grant document and grant budget distribution ATTACHMENTS: 1. Council Summary; 2. EPA Grant Amendment FISCAL IMPACTS (Include Budgeted Amount)- This project is currently included in the 2011 Stormwater Fund Operating Budget at $65,000 under engineering - professional services. The total project costs to the city will be $879,769 and will be addressed under a separate agenda bill. The grant will reimburse project costs, plus project partner expenses at 74 96 %. The remaining 25.04% is city match and is expected to be achieved through staff and donated labor. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR. `© COMMITTEE CHAIR COUNCIL PRESIDENT. - CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve the amended EPA Grant document to develop the Gorst Creek Watershed Comprehensive Plan, and authorize the Mayor to finalize and execute the final document with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action i GORST CREEK WATERSHED COMPREHENSIVE PLAN PROJECT SUMMARY The City is the lead agency to develop a comprehensive watershed plan for sustainable development and restoration of the Gorst Creek watershed The City will deliver the project with the assistance from a consulting firm, along with support from several partners including, Kitsap County, the Kitsap County Health District, Ecology, Fish and Wildlife, Port of Bremerton, West Sound Watershed Council, Sustainable Bremerton, and Pat & Cheryl Lockhart The project consists of the following mayor tasks 1 Watershed Characterization Study — this study will identify critical areas and areas with high ecological value to be protected, and also identify areas to be developed The output from this initial study will be used in all following deliverables 2 Land Use Plan and Regulations — development of a Land Use Plan for the Watershed, and development regulations to be adopted by the City and Kitsap County 3 Planned Action EIS — an EIS will be conducted for the watershed to establish baseline /no permit action criteria for development This will facilitate development by streamlining the permit process 4 Stormwater Plan — this plan includes development of a hydraulic model for the watershed, along with identification and priontization of existing surface water issues 5 Capital Improvement and Corrective Action Plan — development of a CIP to address existing deficiencies and ensure development of necessary infrastructure to accommodate growth This task includes development of a pre - design for correction of the existing Gorst Landfill, and a fish impeding culvert on Gorst Creek 6 Outreach and Information Transfer Program — conducting a series of meetings and development of handouts to convey findings of the plan Amendment of the EPA Grant — First Agenda Bill The above scope of work was developed and the City obtained grant funding from the EPA to reimburse project costs at 74 96% to a maximum of $659,477 To meet the grant timeline, the grant was executed prior to completion of scope and budget negotiations with the selected consultant During negotiations, some assumptions on project delivery included in the grant were revised, resulting in estimated task costs that differ more than 10% from the grant, which is the maximum allowed without amending the grant The requested Council Action will allow the Mayor to sign and execute the amended grant document, which will be consistent with the negotiated Professional Services Agreement City of Bremerton Gorst Creek Watershed Planning Grant January 2011 Amendment of the Stormwater Budget — Second Agenda Bill Project costs will be tracked in a Stormwater Special Projects fund (new fund number 482) Currently, $65,000 of operating expense has been budgeted for 2011 and $291,118 has been budgeted in anticipated revenue Both amounts will be moved to fund 482 as part of the proposed 2011 budget amendment for this project Additional items directly related to this project, such as budgeted staff time in other funds, will also be identified and moved to fund 482 The requested action before Council is approval of the total project budget in a new project fund (482) Although the project is anticipated to occur over a 3 -year term, budgeting for the entire project will allow for better accountability and cleaner reporting for the budget costs and timelines Subsequent fiscal year budgets for this project will be reappropriated as needed Professional Services Agreement with Parametrix — Third Agenda Bill A request for Statements of Qualification was advertised and two consulting firms responded, Parametrix Inc, and Tetra Tech A committee consisting of Councilman Will Maupm, Eric Baker (Kitsap County), Mike Mecham, Larry Matel, and Lindsey Sehmel interviewed the two firms and selected Parametrix as the most qualified to assist the City in delivering the project Loss of engineering staff, complexities of coordinating with project partners, and other factors resulted in delays to completing scope negotiations with the consultant Upon completion of scope development, staff executed an initial contract ($12,000) with the consultant to begin the project The new contract is in addition to the initial contract's scope and costs and both are reimbursable per the amended EPA grant document The requested action before Council is approval of the second Professional Services Agreement for $577,993 to deliver all of the studies and deliverables outlined in the grant scope FISCAL SUMMARY General Project costs include consultant fees, City labor, donated labor from partners, and software All consultant costs (including WDFW labor to be reimbursed at 50 %), software and some City labor are funded by an EPA Grant which Council approved at their July 21, 2010 meeting The estimated City cost (un- reimbursed labor) previously presented to Council was $112,850 The estimated City cost (un- reimbursed labor) is currently estimated at $147,171, and will accrue over the 3 -year term of the project The increase in un- reimbursed labor is the result of better definition of the work scope, and transfer of some work scope from City staff to the Consultant which occurred during scope negotiations A comparison of project costs follows City of Bremerton Gorst Creek Watershed Planning Grant January 2011 COST ORIGINAL GRANT AMENDED CITY CATEGORY SCOPE GRANT SCOPE COST Consultant Contract $536,400 $589,993 $0 Grant Funded City Labor $240,369 $196,655 $147,171 (3) Partner Donated $83,000 $73,121(4) $0 Labor Donated, Match Software $20,000 $20,000 $0 Grant Funded TOTAL $879,769 $879,769 $147,171 (3) Notes 1 The EPA grant reimburses all project costs (including donated labor) at 74 96% to a maximum of $659,477 2 All of the following costs are projected to be grant funded, consultant fees, WDFW reimbursable labor and software, and a portion of City labor 3 Cost of total staff time anticipated for the project is $196,655, of which $49,484 is projected to be reimbursed by the grant The remaining $147,171 is unreimbursed labor 4 $73,121 is the minimum match required to meet grant agreement, however, total partner match projected is $165,000 5 Further detail on project costs, match and expenditure schedule is included in the attached spreadsheet Cary ofBrenrerton Gorst Creek Watershed Planning Grant January 2011 i PO - 00J08701 - 1 Page 1 U.S. ASSISTANCE ID NO 050 srq)� S ENVIRONMENTAL PRG DOC ID AMEND# DATE OF AWARD PO - 00JOB701 - 1 01/11/2011 v PROTECTION AGENCY TYPE OF ACTION MAILING DATE '= No Cost Amendment 01/11/2011 Assistance Amendment PAYMENT METHOD X0628 RECIPIENT TYPE Send Payment Request to Municipal Las Vegas Finance Center FAX # 702- 798 -2423 RECIPIENT PAYEE City of Bremerton Public Works and Utilities City of Bremerton Public Works and Utilities 100 Oyster Bay Avenue N 3027 Olympus Drive Bremerton, WA 98312 Bremerton, WA 98310 EIN 91- 6001231 PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST Tom Knuckey, P E Michelle Wilcox Tony Fournier 100 Oyster Bay Avenue N 300 Desmond Dr SE, Suite 102, ETPA -WOO 1200 Sixth Avenue, Suite 900, OMP -145 Bremerton, WA 98312 Lacey, WA 98503 Seattle, WA 98101 E-Mail thomas knuckey@ci bremerton wa us E-Mail wdcox michelle@epa gov E-Mail Foumier Tony @epa gov Phone 360 -473 -2376 Phone 360 - 753 -9543 Phone 206 - 553 -1838 PROJECT TITLE AND EXPLANATION OF CHANGES Gorst Creek Watershed Plan This amendment approves the revised budget and cost share allocations, revises administrative condition 4, removes programmatic condition 4 (Information Collection Requirements), and renumbers the remaining programmatic conditions The EPA funding amount remains the same BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST 07/01 /2010 - 12/31 /2012 07/01 /2010 - 12/31 /2012 $879,76900 7$879,769 00 NOTICE OF AWARD Based on your application dated 01/25/2010, including all modifications and amendments, the United States acting by and through the US Environmental Protection Agency (EPA), hereby awards $0 EPA agrees to cost -share 74 96 % of all approved budget period costs incurred, up to and not exceeding total federal funding of $659,477 Such award may be terminated by EPA without further cause if the recipient fads to provide timely affirmation of the award by signing under the Affirmation of Award section and returning all pages of this agreement to the Grants Management Office listed below within 21 days after receipt, or any extension of time, as may be granted by EPA This agreement is subject to applicable EPA statutory provisions The applicable regulatory provisions are 40 CFR Chapter 1, Subchapter B, and all terms and conditions of this agreement and any attachments ISSUING OFFICE (GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE ORGANIZATION / ADDRESS ORGANIZATION / ADDRESS EPA Region 10 US EPA, Region 10 Mad Code OMP -145 Office of Ecosystems Tribal and Public Affairs 1200 Sixth Avenue, Suite 900 1200 Sixth Avenue, Suite 900 Seattle, WA 98101 Seattle, WA 98101 THE UNITED STATES OF AMERICA BY THE U.S ENVIRONMENTAL PROTECTION AGENCY SIGNATURE OF AWARD OFFICIAL TYPED NAME AND TITLE DATE Digital signature applied by EPA Award Official 01/11/2011 Tony R Fournier, GIA Specialist AFFIRMATION OF AWARD BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION SIGNATURE TYPED NAME AND TITLE DATE Patty Lent, Mayor i EPA Funding Information PO - 00JO8701 - 1 Page 2 FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL EPA Amount This Action $ 659,477 $ 0 $ 659,477 EPA In -Kind Amount $ 0 $ $ 0 Unexpended Prior Year Balance $ 0 $ $ 0 Other Federal Funds $ 0 $ $ 0 Recipient Contribution $ 112,850 $ 34,321 $ 147,171 State Contribution $ 24,442 $ 12,780 $ 37,222 Local Contribution $ 55,000 $ - 19,101 $ 35,899 Other Contribution $ 28,000 $ - 28,000 $ 0 Allowable Project Cost $ 879,769 $ 0 $ 879,769 Assistance Program (CFDA) Statutory Authority Regulatory Authority 66 120 - Puget Sound Watershed Management Clean Water Act Sec 320 40 CFR PTS 31 & 35 SUBPT P Assistance FY 2009 Omnibus Appropriations Act (PL 111 -8) Fiscal Site Name Req No FY Approp. Budget PRC Object Site/Project Cost Obligation / Code Organization Class Organization Deobligation PO - OOJ08701 -1 Page 3 Bud et Summary Page Table A - Object Class Category Total Approved Allowable (Non - construction) Budget Period Cost 1 Personnel $147,491 2 Fringe Benefits $49,164 3 Travel $0 4 Equipment $20,000 5 Supplies $0 6 Contractual $589,993 7 Construction $0 8 Other $73,121 9 Total Direct Charges $879,769 10 Indirect Costs % Base $0 11 Total (Share Recipient 25 04 % Federal 74 96 %) $879,769 12 Total Approved Assistance Amount $659,477 13 Program Income $0 74 Total EPA Amount Awarded This Action $0 16 Total EPA Amount Awarded To Date $659,477 J PO - 00JO8701 - 1 Page 4 Administrative Conditions Condition 4 is revised: 4. Audit Requirements In accordance with OMB Circular A -133, which implements the Single Audit Act, the recipient hereby agrees to obtain a single audit from an independent auditor, if it expends $500,000 or more in total Federal funds in any fiscal year Within nine months after the end of a recipient's fiscal year or 30 days after receiving the report from the auditor, the recipient shall submit the SF -SAC and a Single Audit Report Package The recipient MUST submit the SF -SAC and a Single Audit Report Package, using the Federal Audit Clearinghouse's Internet Data Entry System Complete information on how to accomplish the single audit submissions, you will need to visit the Federal Audit Clearinghouse Web site http / /harvester census qov /fac/ All Other Administrative Terms and Conditions Remain the Same Proarammatic Conditions Condition 4 (Information Collection Requirements) is removed and remaining conditions are renumbered: 1. Semi- Annual Performance Reports The recipient shall submit performance reports every six (6) months during the life of the project Reports are due 30 calendar days after the end of each reporting period Reports shall be submitted to the EPA Project Officer and may be provided electronically In accordance with 40 CFR Part 30 51(d) and 40 CFR Part 31 40, as appropriate, the recipient agrees to submit performance reports that include brief information on each of the following areas (a) a comparison of actual accomplishments to the outputs /outcomes established in the assistance agreement work plan for the period, (b) the reasons for slippages if established outputs /outcomes were not met, (c) additional pertinent information, including when appropriate, analysis and information of cost overruns or high unit costs In addition to the semi- annual performance reports, the recipient shall immediately notify the EPA Project Officer of developments that have a significant impact on the award - supported activities In accordance with 40 CFR Part 30 51(f) and 40 CFR Part 31 40(d), as appropriate, the recipient agrees to inform the EPA Project Officer as soon as problems, delays or adverse conditions become known which will materially impair the ability to meet the outputs/outcomes specified in the assistance agreement work plan This notification shall include a statement of the action taken or contemplated, and any assistance needed to resolve the situation 2. Final Performance Report In addition to the periodic performance reports, the recipient shall submit a final performance report, which is due 90 calendar days after the expiration or termination of the award The report shall be submitted to the EPA Project Officer and may be provided electronically The report shall generally contain the same information as in the periodic reports, but should cover the entire project period After completion of the project, the EPA Project Officer may waive the requirement for a final performance report if the EPA Project Officer deems such a report is inappropriate or unnecessary 3. Program Income - Addition If program income is generated, the recipient is required to account for program income related to this project Program income earned during the project period shall be retained by the recipient and shall be added to funds committed to the project by EPA and the recipient, and shall be used to further eligible project objectives 4. Recognition of EPA Funding Reports, documents, signage, videos, or other media, developed as part of projects funded by this assistance agreement shall contain the following statement "This project has been funded wholly or in part by the United States Environmental Protection Agency under assistance agreement PO- OOJ08701 to City of Bremerton Public Works and Utilities The contents of this document do not necessarily reflect the views and policies of the Environmental Protection Agency, nor does mention of trade names or commercial products constitute endorsement or recommendation for use " S. Copyrighted Material In accordance with 40 CFR 31 34 for State, local and Indian Tribal governments or 40 CFR 30 36 for other recipients, EPA has the right to reproduce, publish, use, and authorize others to use copyrighted works or other data developed under this assistance agreement for Federal purposes Examples of a Federal purpose include but are not limited to (1) Use by EPA and other Federal employees for official Government purposes, (2) Use by Federal contractors performing specific tasks for the Government, (3) Publication in EPA documents provided the document does not disclose trade secrets (e g software codes) and the work is properly attributed to the recipient through citation or otherwise, (4) Reproduction of documents for inclusion in Federal depositories, (5) Use by State, tribal and local governments that carry out delegated Federal environmental programs as "co-regulators" or act as official partners with EPA to carry out a national environmental program within their jurisdiction and, (6) Limited use by other grantees to carry out Federal grants provided the use is consistent with the terms of EPA's authorization to the other grantee to use the copyrighted works or other data Under Item 6, the grantee acknowledges that EPA may authorize another grantee(s) to use the copyrighted works or other data developed under this grant as a result of a the selection of another grantee by EPA to perform a project that will involve the use of the copyrighted works or other data or, b termination or expiration of this agreement In addition, EPA may authorize another grantee to use copyrighted works or other data developed with Agency funds provided under this grant to perform another grant when such use promotes efficient and effective use of Federal grant funds 6. EPA's Substantial Involvement EPA will be substantially involved in this project by participating in the following activities (1) Within the first nine months of the project, EPA reserves the right to negotiate work plan and budget, (2) monitor the project management and execution throughout the assistance agreement's project and budget period, (3) provide technical assistance and coordination as requested or needed by the recipient, and (4) review and approve technical deliverables 7. Information Technology Recipients are required to institute standardized reporting requirements into their work plans and include such costs in their budgets All environmental data will be required to be entered into the Agency's Storage and Retrieval data system ( STORET) STORET is a repository for water quality, biological, and other physical data used by state environmental agencies, EPA and other federal agencies, universities, private citizens, and many other organizations It is highly recommended that the grant recipient attend EPA sponsored STORET training as soon as practical and as training is available Information regarding training sessions sponsored by EPA will be provided by the EPA Project Officer More information about STORET can be found at http / /www epa qov / STORET Region 10 STORET Contact John Liston, STORET Coordinator, at (206) 553 -2580 or email Liston John(&epa gov 8. Quality Assurance Requirements (if applicable) Acceptable Quality Assurance documentation must be submitted to the EPA Project Officer within 30 days of the acceptance of this agreement or another date as negotiated with the EPA Project Officer No work involving direct measurements or data generation, environmental modeling, compilation of data from literature or electronic media, and data supporting the design, construction, and operation of environmental technology shall be initiated under this project until the EPA Project Officer, in concert with the EPA Quality Assurance Manager, has approved the quality assurance document (See 40 CFR 30 54 or 3145, as appropriate ) Additional information on these requirements can be found at the EPA Office of Grants and Debarment website http / /www epa gov /ogd /grants /assurance htm Region 10 Quality Assurance Team Contact Ginna Grepo- Grove, Quality Assurance Manager, at (206) 553 -1632 or email Grepo -Grove Gina(&epa qov END OF ASSISTANCE AMENDMENT PO -00JO8701 -1 xx „ , ,� 4,.14 tet�/,f• �. .� i (�/ /,ii_ <G / l /� /./ J / „� 1, ' � ���t�� � � IJ %� �'':_ ..i / /i /�+L•� t�' ,ti; � . ---- _' -s L_ , � �hti1 r �•� j.' ,.. , , � / / � //• - �. /; // � 1 � -1 ^ '- � '; !' 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[-.i � ��l� _ -' .;. �� ��� �a /��� /j_ // ��! `� i. t ' ;:��� F F� � !/ ✓!�: —�' ... ,�•n1.�' -ii. t-� ft " I ra r I.r ,'��� �' ) F���" _�, ^% J / ' !. � �%/ • � ' .Y ,y f : � . X t , ,.�..i r ` (l � * � '�`f3.d1'>'F'N 144. MI Legend � — I Y * I , ! i T _ ,. G 0 rst Watershed existinguga "o 6 Bremerton East UGA Bremerton West UGA Gorst UGA SKIA UGA City of Bremerton - A/; t DATE SUBMITTED: ti AGENDA BILL CITY OF BREMERTON CITY COUNCIL 45 L . ........................................................ ............................... SUBJECT: Amendment of 2011 Budget; Committee Meeting Date: 01/12/2011 Funds 001, 481 and 482 (new) as it pertains COUNCIL MEETING Date: 01/19/2011 to Gorst Creek Watershed Comprehensive Department: PW&U Plan Presenter: Hasart/Knuckey/ Akhimie /Spencer Phone: 473 - 5722/473 -2376 SUMMARY: The City has been offered and accepted grant funding from the US EPA to develop a Comprehensive Plan for the Gorst Creek Watershed. In order to properly track project costs and timelines, it is recommended that a Special Projects Fund (new fund number 482) be created. Currently, the 2011 budget has $65,000 of operating expense and $291,118 in grant revenue budgeted in fund 481, Stormwater Operations. It is recommended that both amounts be moved out of fund 481 and into the new fund 482 as part of this proposed budget amendment. An additional $157,732 from the Stormwater ending fund balance will also need to be moved to fund 482 to cover the grant's labor matching requirements. Additional items directly related to this project, such as budgeted staff time in the general and other funds, will be identified and transferred to fund 482 as they are incurred. By creating a separate fund specifically for this project, staff will receive monthly updates of actual versus budget that will be easier to identify on this project and Council's quarterly reports will also contain this information. ATTACIIMENTS: 1. Council Summary; 2. Proposed amendments to funds 001, 481 and 482. FI§CAL IMPACTS (Include Budgeted Amount): This project is currently included in the 2011 Sgrmwater Fund Operating Budget at $65,000 for anticipated expenses and $291,118 in anticipated grant revenue. The Stormwater Operating Fund will be decreased by $383,850 and a new Special Projects Fund will be created for a total fund budget of $879,769. The $495,919 difference is attributable to the remaining grant reimbursements not yet budgeted along with the City's and partner's labor costs used as the grant match, which will occur over a three year horizon (please see attached). APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: " i - MAYOR: COMMITTEE CHAIR 9 ` � COUNCIL PRESIDENT: CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to amend the 2011 Budget to decrease the Stormwater Fund Operating Budget by $383,850, transfer the appropriate balance from 001 for match requirements, and create fund 482 Special Projects Fund with a budget of $879,769 as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action GORST CREEK WATERSHED COMPREHENSIVE PLAN PROJECT SUMMARY The City is the lead agency to develop a comprehensive watershed plan for sustainable development and restoration of the Gorst Creek watershed The City will deliver the project with the assistance from a consulting firm, along with support from several partners including, Kitsap County, the Kitsap County Health District, Ecology, Fish and Wildlife, Port of Bremerton, West Sound Watershed Council, Sustainable Bremerton, and Pat & Cheryl Lockhart The project consists of the following major tasks 1 Watershed Characterization Study — this study will identify critical areas and areas with high ecological value to be protected, and also identify areas to be developed. The output from this initial study will be used in all following deliverables 2 Land Use Plan and Regulations — development of a Land Use Plan for the Watershed, and development regulations to be adopted by the City and Kitsap County 3 Planned Action EIS — an EIS will be conducted for the watershed to establish baseline /no permit action criteria for development This will facilitate development by streamlining the permit process 4 Stormwater Plan — this plan includes development of a hydraulic model for the watershed, along with identification and pnontization of existing surface water issues 5 Capital Improvement and Corrective Action Plan — development of a CIP to address existing deficiencies and ensure development of necessary infrastructure to accommodate growth This task includes development of a pre - design for correction of the existing Gorst Landfill, and a fish impeding culvert on Gorst Creek 6 Outreach and Information Transfer Program — conducting a series of meetings and development of handouts to convey findings of the plan Amendment of the EPA Grant — First Agenda Bill The above scope of work was developed and the City obtained grant funding from the EPA to reimburse project costs at 74 96% to a maximum of $659,477 To meet the grant timeline, the grant was executed prior to completion of scope and budget negotiations with the selected consultant During negotiations, some assumptions on project delivery included in the grant were revised, resulting in estimated task costs that differ more than 10% from the grant, which is the maximum allowed without amending the grant The requested Council Action will allow the Mayor to sign and execute the amended grant document, which will be consistent with the negotiated Professional Services Agreement City of Bremerton Gorst Creek Watershed Planning Grant January 1011 `.J Amendment of the Stormwater Budget — Second Agenda Bill Project costs will be tracked in a Stormwater Special Projects fund (new fund number 482) Currently, $65,000 of operating expense has been budgeted for 2011 and $291,118 has been budgeted in anticipated revenue Both amounts will be moved to fund 482 as part of the proposed 2011 budget amendment for this project Additional items directly related to this project, such as budgeted staff time in other funds, will also be identified and moved to fund 482 The requested action before Council is approval of the total project budget in a new project fund (482) Although the project is anticipated to occur over a 3 -year term, budgeting for the entire project will allow for better accountability and cleaner reporting for the budget costs and timelines Subsequent fiscal year budgets for this project will be reappropriated as needed Professional Services Agreement with Parametrix — Third Agenda Bill A request for Statements of Qualification was advertised and two consulting firms responded, Parametrix Inc, and Tetra Tech A committee consisting of Councilman Will Maupin, Eric Baker (Kitsap County), Mike Mecham, Larry Matel, and Lindsey Sehmel interviewed the two firms and selected Parametrix as the most qualified to assist the City in delivering the project Loss of engineering staff, complexities of coordinating with project partners, and other factors resulted in delays to completing scope negotiations with the consultant Upon completion of scope development, staff executed an initial contract ($12,000) with the consultant to begin the project. The new contract is in addition to the initial contract's scope and costs and both are reimbursable per the amended EPA grant document The requested action before Council is approval of the second Professional Services Agreement for $577,993 to deliver all of the studies and deliverables outlined in the grant scope FISCAL SUMMARY General Project costs include consultant fees, City labor, donated labor from partners, and software All consultant costs (including WDFW labor to be reimbursed at 50 %), software and some City labor are funded by an EPA Grant which Council approved at their July 21, 2010 meeting The estimated City cost (un- reimbursed labor) previously presented to Council was $112,850 The estimated City cost (un- reimbursed labor) is currently estimated at $147,171, and will accrue over the 3 -year term of the project The increase in un- reimbursed labor is the result of better definition of the work scope, and transfer of some work scope from City staff to the Consultant which occurred during scope negotiations A comparison of project costs follows City of Bremerton Gorst Creek Watershed Planning Grant January 2011 COST ORIGINAL GRANT AMENDED CITY CATEGORY SCOPE GRANT SCOPE COST Consultant Contract $536,400 $589,993 $0 Grant Funded City Labor $240,369 $196,655 $147,171 (3) Partner Donated $83,000 $73,121 (4) $0 Labor Donated, Match Software $20,000 $20,000 $0 Grant Funded TOTAL $879,769 $879,769 $147,171(3 Notes 1 The EPA grant reimburses all project costs (including donated labor) at 74 96% to a maximum of $659,477 2 All of the following costs are projected to be grant funded, consultant fees, WDFW reimbursable labor and software, and a portion of City labor 3 Cost of total staff time anticipated for the project is $196,655, of which $49,484 is projected to be reimbursed by the grant The remaining $147,171 is unreimbursed labor 4 $73,121 is the minimum match required to meet grant agreement, however, total partner match projected is $165,000 5 Further detail on project costs, match and expenditure schedule is included in the attached spreadsheet City of Bremerton Gorst Creek Watershed Planning Grant January 2011 Fund 482 Special Projects Fund (Gorst Creek Watershed Comp Plan) Budget Proposed Change 2011 2011 Revenue Taxes $0 $0 $0 Licenses & permits 0 0 0 Intergovernmental/Grants 0 659,477 659,477 Charges for services 0 0 0 Fines & forfeits 0 0 0 Transfers In 0 220,292 220,292 Debt proceeds 0 0 0 Total revenue 0 879,769 879,769 Expenditures Prof Svcs - Internal Personnel 0 269,775 (269,775) Prof Svcs - External 0 589,994 (589,994) Supplies (Software) 0 20,000 (20,000) Debt service 0 0 0 Transfers 0 0 0 Total expenditures 0 879,769 (879,769) Revenue over(under) expenditures 0 0 0 Beginning fund balance 0 0 0 Ending fund balance $0 $0 $0 FTE positions identified by department The Transfers In amount of $220,292 consists of the transfer of $157,732 from Fund 481 and the transfer of $62,560 from Fund 001 While the entire project is budgeted, this will be a multi -year effort For each subsequent year, a reappropnation of the remaining project costs will be requested In no instance shall the entire project budget exceed $879 769 without full authority of council Fund 481 Stormwater Utility (Enterprise Fund) Budget Proposed Change 2011 2011 Revenue Taxes $0 $0 $0 Licenses & permits 0 0 0 Intergovernmental 371,118 80,000 291,118 Charges for services 2,103,000 2,103,000 0 Fines & forfeits 0 0 0 Other revenue 1,414,000 1,414,000 0 Debt proceeds 0 0 0 Total revenue 3,888,118 3,597,000 291,118 Expenditures Personnel 1,235,590 1,235,590 0 Supplies, services & taxes 642,679 577,679 65,000 Capital expenditures 1,542,000 1,542,000 0 Debt service 15,000 15,000 0 Transfers 325,500 483,232 (157,732) Total expenditures 3,760,769 3,853,501 (92,732) Revenue over(under) expenditures 127,349 (256,501) 383,850 Beginning fund balance 2,220,700 2,220,700 0 Ending fund balance $2,348,049 $1,964,199 $383,850 FTE positions identified by department r Fund 001 General Fund Budget Proposed Change 2011 2011 Revenue Taxes $21,633,254 $21,633,254 $0 Licenses & permits 905,800 905,800 0 Intergovernmental 1,786,369 1,786,369 0 Charges for services 3,579,750 3,642,310 62,560 Fines & forfeits 1,200,900 1,200,900 0 Other revenue 4,433,725 4,433,725 0 Debt proceeds 0 0 0 Total revenue 33,539,798 33,602,358 62,560 Expenditures City Council 322,050 322,050 0 Executive 375,020 375,020 0 Finance 1,238,380 1,238,380 0 Legal 986,100 986,100 0 Human Resources 344,670 344,670 0 Community Development 1,522,200 1,522,200 0 Municipal Court 1,313,900 1,313,900 0 City Auditor 167,800 167,800 0 Law Enforcement 9,650,900 9,650,900 0 Fire/EMS 7,939,700 7,939,700 0 Police & Fire Pension 2,750,500 2,750,500 0 Facilities 801,900 801,900 0 Parks & Recreation 2,483,200 2,483,200 0 Engineering 213,090 213,090 0 Economic Development 0 0 0 Non - Departmental 3,359,765 3,422,325 (62,560) Total expenditures 33,469,175 33,531,735 (62,560) Revenue over(under) expenditures 70,623 70,623 0 Beginning fund balance 1,970,400 1,970,400 0 Ending fund balance $2,041,023 $2,041,023 $0 ��� FTE positions identified by department DATE SUBMITTED. AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5tA SUBJECT: Professional Services Committee Meeting Date: January 12, 2011 Agreement with Parametrix for Gorst Creek COUNCIL MEETING Date: January 19, 2011 Comprehensive Watershed Plan Department: PW&U & DCD Presenter Tom Knuckey/ Lindsey Sehmel Phone: 473 -2376 SUMMARY: The City has been offered $659,477 in grant funding from the US EPA to develop a Comprehensive Plan for the Gorst Creek Watershed to adopt land use regulations and guide sustainable development within the watershed. An initial contract was executed with Parametrix in mid- November to begin the project. The requested action before Council is approval of a contract with Parametrix, Inc. for $577,993 for development of the Gorst Creek Watershed Comprehensive Plan. ATTACHMENTS: 1 Council Summary; 2. Professional Services Agreement FISCAL IMPACTS (Include Budgeted Amount): This project is budgeted in Fund 482 and has a 3- year term with a total project cost of $879,769 APPROVALS: DEPARTMENT DIRECTOR. w CITY ATTORNEY: FINANCE DIRECTOR. MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve the Professional Services Agreement with Parametrix for the Gorst Creek Watershed Comprehensive Plan, and authorize the Mayor to finalize and execute the documents with substantially the same terms and conditions as presented COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action GORST CREEK WATERSHED COMPREHENSIVE PLAN PROJECT SUMMARY The City is the lead agency to develop a comprehensive watershed plan for sustainable development and restoration of the Gorst Creek watershed The City will deliver the project with the assistance from a consulting firm, along with support from several partners including, Kitsap County, the Kitsap County Health District, Ecology, Fish and Wildlife, Port of Bremerton, West Sound Watershed Council, Sustainable Bremerton, and Pat & Cheryl Lockhart The project consists of the following major tasks 1 Watershed Characterization Study — this study will identify critical areas and areas with high ecological value to be protected, and also identify areas to be developed The output from this initial study will be used in all following deliverables 2 Land Use Plan and Regulations — development of a Land Use Plan for the Watershed, and development regulations to be adopted by the City and Kitsap County 3 Planned Action EIS — an EIS will be conducted for the watershed to establish baseline /no permit action criteria for development This will facilitate development by streamlining the permit process 4 Stormwater Plan — this plan includes development of a hydraulic model for the watershed, along with identification and prioritization of existing surface water issues 5 Capital Improvement and Corrective Action Plan — development of a CIP to address existing deficiencies and ensure development of necessary infrastructure to accommodate growth This task includes development of a pre - design for correction of the existing Gorst Landfill, and a fish impeding culvert on Gorst Creek 6 Outreach and Information Transfer Program — conducting a series of meetings and development of handouts to convey findings of the plan Amendment of the EPA Grant — First Ac renda Bill The above scope of work was developed and the City obtained grant funding from the EPA to reimburse project costs at 74 96% to a maximum of $659,477 To meet the grant timeline, the grant was executed prior to completion of scope and budget negotiations with the selected consultant During negotiations, some assumptions on project delivery included in the grant were revised, resulting in estimated task costs that differ more than 10% from the grant, which is the maximum allowed without amending the grant The requested Council Action will allow the Mayor to sign and execute the amended grant document, which will be consistent with the negotiated Professional Services Agreement City of Bremerton Gorst Creek Watershed Planning Grant January 2011 Amendment of the Stormwater Budget — Second Agenda Bill Project costs will be tracked in a Stormwater Special Projects fund (new fund number 482) Currently, $65,000 of operating expense has been budgeted for 2011 and $291,118 has been budgeted in anticipated revenue Both amounts will be moved to fund 482 as part of the proposed 2011 budget amendment for this project Additional items directly related to this project, such as budgeted staff time in other funds, will also be identified and moved to fund 482 The requested action before Council is approval of the total project budget in a new project fund (482) Although the project is anticipated to occur over a 3 -year term, budgeting for the entire project will allow for better accountability and cleaner reporting for the budget costs and timelines Subsequent fiscal year budgets for this project will be reappropnated as needed Professional Services Agreement with Parametrix — Third Agenda Bill A request for Statements of Qualification was advertised and two consulting firms responded, Parametrix Inc, and Tetra Tech A committee consisting of Councilman Will Maupin, Eric Baker (Kitsap County), Mike Mecham, Larry Matel, and Lindsey Sehmel interviewed the two firms and selected Parametrix as the most qualified to assist the City in delivering the project Loss of engineering staff, complexities of coordinating with project partners, and other factors resulted in delays to completing scope negotiations with the consultant Upon completion of scope development, staff executed an initial contract ($12,000) with the consultant to begin the project The new contract is in addition to the initial contract's scope and costs and both are reimbursable per the amended EPA grant document The requested action before Council is approval of the second Professional Services Agreement for $577,993 to deliver all of the studies and deliverables outlined in the grant scope FISCAL SUMMARY General Project costs include consultant fees, City labor, donated labor from partners, and software All consultant costs (including WDFW labor to be reimbursed at 50 %), software and some City labor are funded by an EPA Grant which Council approved at their July 21, 2010 meeting The estimated City cost (un- reimbursed labor) previously presented to Council was $112,850 The estimated City cost (un- reimbursed labor) is currently estimated at $147,171, and will accrue over the 3 -year term of the project The increase in un- reimbursed labor is the result of better definition of the work scope, and transfer of some work scope from City staff to the Consultant which occurred during scope negotiations A comparison of project costs follows City of Bremerton Gorst Creek Watershed Planning Grant January 2011 COST ORIGINAL GRANT AMENDED CITY CATEGORY SCOPE GRANT SCOPE COST Consultant Contract $536,400 $589,993 $0 Grant Funded City Labor $240,369 $196,655 $147,171 (3) Partner Donated $83,000 $73,121(4) $0 Labor Donated, Match Software $20,000 $20,000 $0 Grant Funded TOTAL $879,769 $879,769 $147,171 (3) Notes 1 The EPA grant reimburses all project costs (including donated labor) at 74 96% to a maximum of $659,477 2 All of the following costs are projected to be grant funded, consultant fees, WDFW reimbursable labor and software, and a portion of City labor 3 Cost of total staff time anticipated for the project is $196,655, of which $49,484 is projected to be reimbursed by the grant The remaining $147,171 is unreimbursed labor 4 $73,121 is the minimum match required to meet grant agreement, however, total partner match projected is $165,000 5 Further detail on project costs, match and expenditure schedule is included in the attached spreadsheet City of Bremerton Gorst Creek Watershed Planning Grant January 2011 PROFESSIONAL SERVICES AGREEMENT GORST CREEK COMPREHENSIVE WATERSHED 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 November 2010, 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 G 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 H. 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 C, 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 $577,993 Consultant's charges and bills shall conform to the fee schedule attached hereto as 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 otherwise provided, such compensation shall be in accordance with Exhibit B. 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/Parametnx Gorst Creek Comprehensive Watershed Plan Page 1 of 6 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 ansing 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, ansing out of or in connection with the performance of this Agreement, except for that portion of the injunes 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 Bremerton/Parametnx Gorst Creek Comprehensive Watershed Plan Page 2 of 6 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 arse from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub - consultants or sub - Consultants Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage, and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage Coverage shall include but not be limited to- blanket contractual, products /completed operations/broad form property damage, explosion, collapse and underground (XCU) if applicable, and employer's liability, and 3. Excess 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 Bremerton/Parametnx Gorst Creek Comprehensive Watershed Plan Page 3 of 6 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 Bremerton, 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. Bremerton/Parametnx Gorst Creek Comprehensive Watershed Plan Page 4 of 6 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 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 100 Oyster Bay Avenue North 4660 Kitsap Way, Suite A Bremerton, WA 98312 Bremerton, WA 98312 I Waiver Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision Waiver of any right or power ansing 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 ansing 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, disability, or sexual orientation 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 other Party substantially fails to perform through no fault of the terminating Party, and the non - Bremerton/Parametnx Gorst Creek Comprehensive Watershed Plan Page 5 of 6 performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non - performing Party Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement A Excusable Delays The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay, and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual seventy 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 Ri hg is 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 By. Patty Lent By its Mayor its Date Date Approved as to form Attest Bremerton City Attorney City Clerk R \ LEGAL \Contracts\FORMS\Professional Services Agreement Form (2003) doc Bremerton/Parametnx Gorst Creek Comprehensive Watershed Plan Page 6 of 6 EXHIBIT A — SCOPE OF WORK City of Bremerton Watershed Characterization and Comprehensive Watershed Plan BACKGROUND Specific components of the work for the period of this contract include • Task 01 Watershed Characterization • Task 02 Land Use Plan and Development Regulations • Task 03 Planned Action EIS • Task 04 Stormwater Plan • Task 05 Capital Improvement and Corrective Action Plan • Task 06 Outreach and Information Transfer Each task is described in detail below including objective, activities, assumptions, and deliverables specific to each task Protect management will be performed within each task by the Project Manager (PM) and individual Task Leads The Project Manager will also manage the overall protect including scope, schedule, and budget Within 14 days of authorization to proceed, the PM will provide the City's PM with a Project Management Plan containing a detailed schedule with milestones TASK 01 — WATERSHED CHARACTERIZATION The Watershed Characterization (WC) will develop information to support the land use plan, stormwater plan, and capital improvement plan for the Gorst Watershed In addition, existing conditions information developed for the WC will be incorporated into the Planned Action EIS The purpose of the WC is to provide information that can be used to guide development within the Gorst Watershed in a way that maintains, and preferably improves, the quality and condition of freshwater, marine, and terrestrial resources of the watershed and adjacent areas of Krtsap County The results of this characterization can be used to • Inform land use planning by identifying the relative suitability of areas within the watershed for protection, restoration, or development, • Inform the stormwater management plan by identifying areas in the watershed that are most at risk from the impacts of stormwater runoff, areas that would most benefit from more effective stormwater management, and the relative suitability of areas within the watershed for providing `green infrastructure' and low impact development options for managing stormwater, • Identify mitigation strategies that can be used to offset the effects of development to achieve a no net loss (and preferably net gain) of ecological functions in the watershed and surrounding areas • Identify options to be incorporated into land use plans for streamlining City and County development review and permitting. City of Bremerton 232 - 1896 -846 Scope of Work 1 November 2010 Watershed Characterisation and Comprehensive Watershed Plan Approach The WC will build on existing regional (e g County, WRIA 15, Ecology Phase I Puget Sound Characterization) and local (Bremerton) characterizations to provide a more detailed assessment of the Gorst Watershed and its immediate vicinity This study will incorporate the approaches recently developed by Ecology (Stanley et al 2005, Stanley et al 2010) and Washington Department of Fish and Wildlife (WDFW) (Knight et al 2009, WDFW 2009) to characterize important ecological processes and habitat functions in the Puget Sound region Initial coordination on data sources and the work plan will be discussed with a steering committee (made up of key project partners including EPA, City, County, PMX, ICF, Ecology, WDFW, PSP, and WSWC) during the kickoff meeting The steering committee will also be asked to provide one round of review comments on selected draft deliverables (comments to be consolidated by EPA steering committee member) Task Roles and Responsibilities • Ecology (Stephen Stanley, Ecology Lead) characterization of water flow processes, consultation on incorporating characterization results in land use plans and policies • WDFW (George Wilhere, WDFW Lead) habitat assessment, consultation on incorporating characterization results in land use plans and policies • City (Larry Mate], City Lead) Provide GIS data layers for City utilities - stormwater, water /wastewater, roads, other utilities, perform HSPF and SUSTAIN modeling for stormwater management planning, participate in incorporating characterization results in plans and policies (land use, stormwater, transportation, landfill) • CCS (Doug Beyerlem) work with City to provide calibrated HSPF model for use with SUSTAIN • Parametrix (Jan Cassin/Jenmfer Thomas) task manager, coordinate analyses for watershed characterization, prepare GIS mapping products for report, prepare Watershed Characterization Report • ICF (Lisa Grueter, ICF Lead) provide GIS data layers for existing land use, participate in incorporating characterization results into land use plans and policies • Krtsap County provide GIS data from Krtsap County nearshore assessment, local habitat assessment, and other relevant County planning efforts, participate in incorporating characterization results into land use plans and policies • West Sound Watersheds Council participate on steering committee, provide GIS data layers as available • EPA participate on steering committee • Krtsap Department of Health participate on steering committee • Puget Sound Partnership participate on steering committee City of Bremerton 232 - 1896 -846 Scope of Work 2 November 2010 Watershed Characterization and Comprehensive Watershed Plan Subtask 1.1— Inventory Existing Conditions Objective Parametrix (PMX) will work with the City, County, Ecology, and WDFW to compile existing information and prepare preliminary GIS maps, PMX will also prepare a Technical Memorandum (TM) describing existing conditions Activities The following activities will be conducted as part of this subtask • Kickoff meeting with the steering committee (City, County, PMX, ICF, Ecology, WDFW, PSP, WSWC, and EPA) to finalize list of available data sources, data protocols, and review the work plan and schedule (ALL) • Compile basic data layers for analysis (may include) Existing land uses, County and City parcel information (ICF) ➢ Zoning and non -city road system (PMX) Existing utilities (sewer, water), City roads, and stonmwater infrastructure (City) ➢ Physical conditions — land cover, topography, hydrology, wetlands, geology, soils (PMX, ECY) Biological conditions — habitats, species(WDFW) Impairments — water processes (ECY), sediment processes, impervious surfaces, water quality, shoreline modifications, fish passage barriers, etc (PMX, KC, WDFW) Assumptions See overall assumptions for Task 1 Deliverables The following deliverables will be submitted under this subtask • Preliminary GIS maps • TM describing existing conditions City of Bremerton 232- 1896 -846 Scope of Work 3 November 2010 Watershed Characterization and Comprehensive Watershed Plan Subtask 1.2 — Calibrated HSPF Model Objective The City and Clear Creek Services (CCS) will prepare a calibrated HSPF model for Gorst Creek using WWHM4 The calibrated model will be used with SUSTAIN and COMSOL to complete the stormwater modeling (Task 4) Activities The following activities will be conducted as part of this subtask • HSPF model set up and coordination with SUSTAIN modeling (CCS) • Calibrate HSPF model (CCS) • Draft TM describing calibration and results (CCS) • Final TM following City and PMX review of draft (CCS) Assumptions HSPF and SUSTAIN Models • City will compile and provide to PMX the GIS data layer(s) for the stormwater pipe system, data to be sufficient for use in the SUSTAIN model Information may include pipe locations, diameters, invert elevations, and slope • City will prepare the QAPP for the SUSTAIN model development and submit to EPA 30 days before beginning work on the model • City will coordinate HSPF, SUSTAIN, and COMSOL modeling to produce the outputs needed for the LUP /stormwater /CIP tasks • PMX will provide the City and CCS with the following GIS data layers to be used with HSPF and SUSTAIN Gorst watershed boundary, land use, digital elevation model, and stream network PMX will develop GIS data layers for Gorst sub -basin boundaries, based on information provided by City and CCS Deliverables The following deliverables will be submitted under this subtask • Draft TM describing model calibration and results • Final TM with calibrated HSPF model Subtask 1.3 — SUSTAIN Model Objective The City will work with EPA to develop a SUSTAIN model for the Gorst watershed to model baseline conditions and also evaluate the benefits of green infrastructure (modeling LID optionsBMPs developed in LUP and stormwater planning tasks) City of Bremerton 232 - 1896 -846 Scope of Work 4 November 2010 Watershed Characterization and Comprehensive Watershed Plan Activities The following activities will be conducted as part of this subtask • Develop QAPP and submit to EPA (City) • Model Gorst baseline conditions using SUSTAIN (City) • Draft Baseline TM (City) • Model and evaluate BMPs that were developed by City, CCS, PMX during LUP /SWMP (Tasks 2 and 4) development (City) • Draft TM reporting on baseline and BMP evaluation results (City) Final TM following EPA, City, and PMX review (City) Assumptions HSPF and SUSTAIN Models • City will compile and provide to PMX the GIS data layer(s) for the stormwater pipe system, data to be sufficient for use in the SUSTAIN model Information may include pipe locations, diameters, invert elevations, and slope • City will prepare the QAPP for the SUSTAIN model development and submit to EPA 30 days before beginning work on the model • City will coordinate HSPF, SUSTAIN, and COMSOL modeling to produce the outputs needed for the LUP /stormwater /CIP tasks • PMX will provide the City and CCS with the following GIS data layers to be used with HSPF and SUSTAIN Gorst watershed boundary, land use, digital elevation model, and stream network • Clear Creek Solutions will perform up to 88 -hours of work at the written direction of the City PMX will develop GIS data layers for Gorst sub -basin boundaries, based on information provided by City and CCS Deliversbles The following deliverables will be submitted under this subtask • QAPP report • Draft Baseline TM • Draft TM reporting baseline and BMP evaluation results • Final TM following EPA, City, and PMX review Subtask 1.4 — Watershed Analysis Objective Using the results of the existing conditions inventory (and SUSTAIN modeling) conduct watershed analyses to inform the land use and stormwater planning — identify prioritized areas suitable for City of Bremerton 232- 1896 -846 Scope of Work S November 2010 Watershed Characterization and Comprehensive Watershed Plan development, protection, and /or restoration/enhancement to protect watershed health, areas suitable for LID /green infrastructure to protect water quality and stream health Activities The following activities will be conducted as part of this subtask • Conduct habitat characterization (WDFW) Local Habitat Assessment for Gorst Watershed, with GIS data layers, summary maps, and TM • Evaluate water flow processes — process important areas, impairments, opportunity areas (Ecology) GIS data layers, summary maps, and TM • Evaluate other processes, sediment, nutrients, LWD - process /function important areas, impairments, modifications, and /or stressors to process /function (PMX) • Identify opportunity areas (PMX prepares preliminary maps and overlays, ALL — team workshop to refine analyses), to include Protect intact ecosystem processes /habitats /ecological function ➢ Habitat/ecosystem process /ecological function restoration (stream, Chinook, estuarine, shoreline) Green infrastructure for controlling pollutants at the source Green infrastructure for stormwater management ➢ Parks /access /open -space • Draft TM of analysis results with GIS maps (PMX ) Final TM following one round of steering committee and City review (PMX) Assumptions See overall Task 1 assumptions below Debverahles The following deliverables will be submitted under this subtask • Draft TM of analysis results with GIS maps • Final TM following City review City of Bremerton 232 -1896 -846 Scope of Work 6 November 2010 Watershed Characterization and Comprehensive Watershed Plan Subtask 1.5 — Watershed Characterization Report Objective Parametnx will incorporate the watershed analyses and hydrology modeling in a watershed characterization report Activities The following activities will be conducted as part of this subtask • Prepare draft Watershed Characterization Report (PNIX) • Review workshop with Task 1 Steering Committee to review draft report • Final Watershed Characterization Report following City review (PMX) • PMX, WDFW, and Ecology watershed characterization team will provide information to the land use planning team (led by the City) to incorporate the characterization results in land use plans and regulations, incorporation of characterization results into the land use planning will be accomplished through up to 2 workshops between the watershed characterization team and the land use planning team to review the characterization results and implications for land use planning and to review draft land use plan Assumptions Watershed Characterization • PMX will compile GIS data provided by partners (ICF, ECY, WDFW, KC) and produce summary maps • ECY will provide the results of their initial characterization work from WRIA 15 and perform the analyses related to water flow processes and process important areas and impairments — water delivery, water flows, water storage, water recharge and/or loss • WDFW will provide the results of their Local Habitat Assessment for Kitsap County, as well as existing information on biodiversrty indices and/or salmon indices that have been developed for or can be used in the Gorst watershed • GIS data layers will be provided to PMX (by City, County, Ecology, WDFW, WSWC, or others) for compilation, using the protocols developed in the kickoff meeting The intention is for existing data to be provided in current/existing format • Watershed analyses will use existing, readily, and currently available information that can be compiled and analyzed using GIS • Recent habitat assessment and watershed characterization work done by Kitsap County, PSNERP, WDFW, and Ecology will be available for incorporation into the analyses Data to be compiled for Task 1 may include • Existing parcel data • Existing land use • Existing zoning City of Bremerton 232 - 1896 -846 Scope of Work 7 November 2010 Watershed Characterization and Comprehensive Watershed Plan • Impervious surface • Land cover • Soils • Steep slopes • Seismic hazard areas • Landslide /erosion hazards • Flood hazards /floodplains • Infiltration/runoff areas • Aquifer recharge • Water quality impairments • Sources of water quality impairments — roads, buildings, agriculture, point sources • Road system — existing and planned • Sewer /stormwater infrastructure • Drinking water system • Electric and other utilities • Ecosystem services • PHS • Critical Areas (wetlands, frequently flooded areas, geologically hazardous areas, aquifer recharge, fish and wildlife habitat conservation areas) • VECs • Fish Use • Eelgrass, saltmarsh, shellfish, etc • Shoreline modifications • Passage barriers • Flow issues • Buildable lands Deliverables The following deliverables will be submitted under this subtask • Draft Watershed Characterization Report with GIS maps • Final Watershed Characterization Report with GIS maps (following team workshop and City review) City of Bremerton 232 -1896 -846 Scope of Work 8 November 2010 Watershed Characterization and Comprehensive Watershed Plan TASK 02 — LAND USE PLAN AND DEVELOPMENT REGULATIONS The City of Bremerton desires a comprehensive plan for the Gorst Creek Watershed that provides land use policies and regulations reflecting a science -based approach to watershed ecological functions and habitat protection Based on the watershed characterization study, stormwater and capital facility constraints and opportunities, available market/economic information, as well as the outreach and information transfer program, the Consultant team will support the City of Bremerton as the lead responsible for developing a land use plan and implementing regulations to identify suitable areas for growth as well as areas for protection and conservation Consultant role will be to facilitate internal team workshops generating principles and range of land use concepts, prepare policy papers on key topics, prepare GIS maps of land use alternatives, and peer review City draft plans and regulations Consultant will support the City at public outreach and legislative meetings as appropriate Subtask 2.1 — Develop Project Strategies and Tour Study Area Obiective • Assess current study area, land use and development character, opportunities and constraints, possible future development allowed by the code, and appropriate organization and topics for future regulations Activities The following activities will be conducted as part of this subtask • Participate in study area tour with both City and County staff members • Peer review the City- prepared Strengths / Weaknesses /Opportunities/Threats (SWOT) analysis • Review City and County plans and codes • Peer review the plan and regulatory outline developed by the City and County Assumptions See Task 2 General Assumptions and the following • Tour will include up to two Consultant staff including a land use planner and urban designer • Consultant support assumes 1 -site tour, review and comment on a City- prepared technical memorandum, and two 4 -hour meetings Deliverables None City of Bremerton 232 - 1896 -846 Scope of Work 9 November 2010 Watershed Characterization and Comprehensive Watershed Plan Subtask 2.2 — Land Use, Environmental, and Infrastructure Analysis Objective Link watershed characterization and infrastructure analysis to land use planning efforts, develop land capacity and urban growth boundary data, and provide a bans for preparation of guiding principles and development of community visions towards the land use plan Activities The following activities will be conducted as part of this subtask • Review the watershed characterization (Task 1) and stormwater and facility inventories, opportunities, and constraints (Tasks 4 and 5) • Prepare a single white paper that addresses the following topics 1 Summary of key findings of the watershed characterization and infrastructure studies 2 Land capacity analysis for areas determined developable in the watershed 3 Comparison of UGA boundaries to the watershed subareas determined suitable for development, consistency analysis with County and City plans, and recommendations for plan and EIS study area boundaries 4 Recommendations for land use strategies including conceptual permit pathways and performance standards for different areas of the watershed Consultant will provide GIS services consistent with local land capacity approach The Consultant will prepare a final white paper following City, County, and other partner agency reviews Assumptions In addition to Task 2 General Assumptions, the following assumptions apply • City -led tasks include evaluating UGA boundaries and developing land use plan Deliverables The following deliverables will be submitted under this subtask • White paper addressing topics outlined above Subtask 2.3 — Market/Economic Assessment Objective Consider market conditions and feasibility of future desired development proposals, and how policies may affect feasibility City of Bremerton 232 -1896 -846 Scope of Work 10 November 2010 Watershed Characterization and Comprehensive Watershed Plan Activities The following activities will be conducted as part of this subtask • The Consultant will conduct a market study for development potential in the Gorst Creek Watershed This analysis will consider demographic and economic forecasts for the broader metropolitan region, and would result in protections of future development in the Gorst Creek Watershed, including commercial, retail, industrial space by square feet, and residential space by unit type (e g , single - family detached homes, townhomes, multi - family apartments, etc) • The analysis will include a study of achievable rents, and development costs for similar development in the region This will allow the Consultant to calculate the real market value of future developments • The Consultant analysis will be an iterative process, allowing the team to model the impacts of various land use concepts, regulations, and infrastructure improvements under consideration- -the Consultant will show how potential public policies could impact the type and amount of development that could occur in the Gorst Creek Watershed Assumptions See Task 2 General Assumptions Deliverables The following deliverables will be submitted under this subtask • Market Study • Study of Achievable Rents Subtask 2.4 — Land Use Concepts and Regulations The purpose of Task 2 4 is to develop land use concepts and regulations that will serve as a basis for the subarea plan and for testing alternatives in the EIS Objective To educate residents and property owners about the watershed and land use planning effort, provide guiding principles for community review, obtain community visions for the future of the area, prepare a range of land use concepts that illustrate different potential pathways to achieve the vision for the subarea, and support land use concepts with policy statements Activities The following activities will be conducted as part of this subtask • Consultant will assist the City and County by facilitating an internal team workshop to review work products from Tasks 2 1, 2 2, and 2 3 and prepare draft guiding principles for public review Following the team workshop, City will be responsible for conducting a public "Community Visioning" workshop to introduce the project and to affirm and modify guiding principles Consultant will provide up to two staff persons to attend the workshop City of Bremerton 232 - 1896 -846 Scope of Work 11 November 2010 Watershed Characterization and Comprehensive Watershed Plan • Consultant will participate in a City -led charette style meeting for City, County, and other agency partners to brainstorm two land use concepts that meet guiding principles and community vision statements Consultant will prepare base maps for the charette, and, following the charette, will prepare maps of land use concepts City and County will prepare coordinated draft plan policies and regulations To support the City and County, Consultant will prepare a policy memo addressing sustainable development tools and flexible development standards (e g , height or density bonuses, TDR) and other incentives to achieve watershed goals • The City will prepare a draft policy memo that describes each alternative land use concept The Consultant will peer review it Assumptions See Task 2 General Assumptions • Consultant will provide up to two staff persons to attend the Community Visioning workshop • Task 3 included development of alternative prototype land use options These can serve as case studies for the City and County preparation of the land use concepts and regulations Deliverables The following deliverables will be submitted under this subtask • Facilitating an internal team workshop, and preparing an outline of draft guiding principles for public review • Base maps for the charette and maps of land use concepts • Policy memo addressing sustainable development tools and flexible development standards • Peer review of City draft policy memo describing each alternative land use concept Subtask 2.5 — Preferred Alternative /Proposed Plan Objective Following public review of draft alternatives, use public and decision -maker input to craft a preferred alternative and proposed plan Develop a preferred land use concept around which a plan can be developed Based on the preferred land use concept and input on draft plan(s), develop refined policies and regulations Create a "hearing draft" of the plan (draft to present to the County Commissioners, and City Council) that includes policies and regulations Activities The following activities will be conducted as part of this subtask • Following the publication of the Draft EIS and its findings, Consultant will support the City and County in their development of a preferred alternative that is in the range of the EIS alternatives through facilitation of an internal team charette Consultant will prepare the preferred alternative GIS maps and peer review City- and County- proposed plan and regulation documents Present preferred alternative at a workshop jointly attended by the City and County City of Bremerton 232- 1896 -846 Scope of Work 12 November 2010 Watershed Characterwat:on and Comprehensive Watershed Plan • For the preferred alternative, the City will lead the preparation of associated policies and regulations, amending the prior draft plan The Consultant will peer review • Consultant will attend a public workshop led by the County and City as they present preferred alternative to a point City- County legislative workshop Consultant will peer review City and County refinements to the preferred alternative as it is prepared for hearings • The Consultant will additionally attend a meeting of the Bremerton Planning Commission to present the draft polities and regulations Following the legislative workshop, the City and County will revise the preferred alternative plan, policies and regulations The Consultant will peer review Assumptions See Task 2 General Assumptions and the following Consultant will provide up to two staff persons to attend a public workshop led by the County and City, and the Planning Commission Meeting Deliverables The following deliverables will be submitted under this subtask • Peer review of City and County proposed preferred plan • Alternative GIS maps • Peer review of City and County proposed preferred policies and regulations • Peer review of City revision of preferred alternative plan, policies, and regulations Subtask 2.6 — Adoption Process Objective Shepherd the draft, preferred, and hearing -draft land use concepts, policies, and regulations through a public review process Activities The following activities will be conducted as part of this subtask • Hearing The Consultant will provide GIS services to prepare maps for the hearing draft, and will peer review the hearing draft plan and regulations Consultant will provide one staff person to support the City and County at up one public meeting during the adoption process The City will present the hearing draft plan • Advisory Committee Meetings The Consultant will attend up to four advisory committee meetings related to the draft plan The Consultant's role will be to assist in preparing presentations and to be available as a resource for questions The City will take the lead on the meeting preparation, facilitation, and other logistics City of Bremerton 232 - 1896 -846 Scope of Work 13 November 2010 Watershed Characterization and Comprehensive Watershed Plan Assumptions • Public Hearing Consultant will provide up to 4 GIS drawings for the public hearing • Advisory Committee Consultant role includes support to prepare materials and attend meetings — which are listed under Tasks 2 1 to 2 6 above Deliverables None Task 02 General Assumptions and Summary of Deliverables The following general assumptions apply to Task 2 as a whole • City is lead for land use plan and regulations, in consultation with County • Consultant to provide up to 5 GIS drawings • City and County will develop plan and regulatory outline, draft plan and regulations, and preferred plan and regulations Consultant will peer review • Consultant role will be to attend and support internal team workshops generating principles and range of land use concepts, prepare policy papers on key topics, and peer review City draft plans and regulations • Consultant will support the City at public outreach meetings as appropriate The following deliverables apply to Task 2 as a whole • City prepared SWOT Analysis with Consultant peer review • Consultant peer review of City /County Plan and Regulatory Outline • Consultant prepared white paper with findings of Watershed Characterization and Infrastructure Analysis and analysis of land capacity, UGA boundaries, and performance standards for watershed • Consultant prepared GIS maps of two draft and one preferred land use concepts (Comprehensive Plan and zoning for County and City) • Consultant prepared Market Study • Consultant attendance at one community visioning workshop, one legislative workshop, and one Planning Commission Meeting • Consultant attendance at one team workshop • Consultant attendance at one public meeting during adoption process • Attendance at up to four advisory committee meetings during adoption process • Consultant Peer review of City- prepared Draft Land Use Plan • Consultant Peer review comments on City- prepared Final Land Use Plan • Consultant Peer review comments on City- prepared Draft Development Regulations • Consultant Peer review comments on Final Development Regulations City of Bremerton 232 - 1896 -846 Scope of Work 14 November 2010 Watershed Characterization and Comprehensive Watershed Plan TASK 03 — PLANNED ACTION EIS The City wants to promote sustainable development in a streamlined manner with a planned action action/programmatic EIS ( "planned action" for the areas inside the Urban Growth Area {UGA) consistent with WAC 197 -11 -164 and "programmatic" for the watershed outside of the UGA) For Gorst, the EIS is an opportunity to • Facilitate decision -maker review of the Gorst Watershed Plan by testing a range of plan, policy and regulation alternatives for environmental protection, land use, and supporting infrastructure, • Integrate past County and City studies with supplemental analysis for the EIS into a single document, and • Plan in advance for the expected growth and development, and streamline future permitting Subtask 3.1 — EIS Initiation Objective Collect data and set guidance for document contents Activities Based on a data needs list developed by the Consultant team, coordinate with City and County to collect professional literature and data pertinent to EIS tasks and confirm the level of technical analysis appropriate to the EIS Review materials in preparation for EIS analysis, conduct any limited area visits Prepare an EIS guidance memo that includes document approach, outline, and document template Assumptions See Task 3 General Assumptions Deliverables The following deliverables will be submitted under this subtask • Data needs list • EIS guidance memo that includes document approach, outline, and document template Subtask 3.2 — Plan Alternatives and EIS Scoping Objective Scope a range of alternatives and determine appropriate EIS topics Activities Work with the City to prepare a SEPA Checklist and associated documents to provide a broad and brief environmental review and describe the rationale for topics to be addressed in the EIS, develop description of two action alternatives, including the no- action alternative, and conduct a scopmg meeting Specific steps include City of Bremerton 232 - 1896 -846 Scope of Work 15 November 2010 Watershed Characterization and Comprehensive Watershed Plan • Provide examples and peer review the City- prepared draft and final SEPA checklist, • Review the City- prepared draft and final Determination of Significance (DS) and Scopmg Notice, • Prepare presentation and support staff atjoint legislative meeting to confirm Draft EIS scope and alternatives, • Develop and describe alternatives for inclusion in the EIS, including prototype concepts, and • Attend and support at City -led public Scopmg Meeting Assumptions See Task 3 General Assumptions Deliverables The following deliverables will be submitted under this subtask • Peer review SEPA Checklist and Scopmg Notice • Prepare presentation on Draft EIS scope and alternatives • Develop and describe alternatives for inclusion in EIS Subtask 3.3 — Preliminary Draft Planned Action /Programmatic EIS Objective Prepare an EIS which addresses general sections, geology /soils, water resources, air quality, plants and animals, environmental health (including noise and hazardous materials), land use patterns, plans and policies, energy, aesthetics (including light and glare), cultural resources, transportation, and public services and utilities Activities Prepare a preliminary draft EIS for City review and comment The approach to each topic is described below • General Sections Prepare the Fact Sheet, table of contents, distribution list, appendices and other necessary supporting documentation • Geology /Soils Include a description of the study area geology, soil types, and known and mapped hazards based on available literature and previous development studies Describe general risks associated with geologic hazards, expected constructability given soil conditions, and the degree and nature of potential impacts that could result from alternatives The ability of adopted regulations and codes to serve as mitigation measures will be described, e g critical areas, grading, and building codes, together with any proposed land use plan regulations • Water Resources Based on the watershed characterization and stormwater planning (Tasks 1 and 4), address surface water and groundwater existing conditions and potential future conditions based on the area developing and complying with proposed land use plan regulations • Air Quality Identify how new development and associated traffic could affect air emissions, including greenhouse gases Summarize existing air quality conditions and compare City and regional transportation plans and growth levels and potential Vehicle Miles Traveled (VMT) by City of Bremerton 232 - 1896 -846 Scope of Work 16 November 2010 Watershed Characterization and Comprehensive Watershed Plan alternative based on the transportation model Prepare a focused review of greenhouse gas emissions using the King County greenhouse gas method Modify the King County worksheet recognizing federal CAFE standards Review worksheet assumptions regarding vehicle use in light of the EIS traffic analysis results and consider VMT by square footage by category and determine if adjustments need to be made Identify proposed policy or code provisions that would serve as mitigation measures • Plants and Animals Based on the watershed characterization in Task 1, describe the existing conditions for wildlife habitat, habitat features, and potential use by federal- or state - listed threatened, endangered, candidate, or priority species Assess the potential for watershed protection and land use standards to reduce impacts • Noise Describe the overall noise character of the study area Prepare a narrative that describes the existing ambient noise levels and potential increases in noise levels due to increases in all forms of transportation — airport, trains, trucks, and other vehicles For vehicular noise, use traffic model output and interpolate existing and future volumes and input the volumes into the TM model to compare noise levels along mayor routes No field measurements will be performed Mitigation measures such as setbacks, building and energy codes and airport noise abatement practices will be described • Hazardous Materials Provide an overview of the types of contaminants likely to be encountered due to the landfill and due to commercial and industrial operations and determine whether any of the alternatives would affect the likelihood of human exposure to toxics or other environmental risks • Land Use Patterns/Plans and Policies Compare and evaluate the proposed amount, types, scale and pattern of uses under each alternative in comparison with the existing land use pattern Evaluate the alternatives for consistency with state, regional, countywide, and city plans and policies including Growth Management Act Goals, Vision 2040, Krtsap County Countywide Planning Policies, and the City of Bremerton and Krtsap County Comprehensive Plans • Aesthetics Describe the overall aesthetic character of the study area in terms of the quality of the environment, the design and character of existing buildings, and building height, bulk and scale Evaluate the nature and magnitude of change envisioned by the land use plan, considering the proposed land use and building form regulations • Cultural Resources Address existing conditions and potential future conditions based on the area redeveloping and complymg with local, state, and federal regulations Document a literature search If needed, limited locations will be reviewed in the field at a reconnaissance level There will be no shovel probing or excavation associated with this analysis Contact will be made with local tribes in conjunction with the City, to help identify any Traditional Cultural Properties located within the protect area Information gathered from the site visit and tribal consultation will be included in the EIS • Transportation The following activities will be led by City staff with peer review only by the Consultant Review of existing levels of service, and adapting existing traffic models developed for the Bremerton area, review estimated needs, transportation demand, and projected levels of service under each land use alternative Transportation analysis will be based on the transportation information developed in the capital improvement program (Task 5) This topic will include the following subtasks performed by City staff with peer review by the Consultant Obtain and summarize existing traffic information for the Gorst UGA including information from WSDOT, Krtsap County and the City of Bremerton City of Bremerton 232 - 1896 -846 Scope of Work 17 November 2010 Watershed Characterization and Comprehensive Watershed Plan Prepare a preliminary transportation analysis TM that summarizes the following transportation information in the Gorst UGA, classification of existing transportation infrastructure, LOS for arterials and mayor collectors, proposed capital improvement projects for arterials and collectors, and currently identified regional transportation initiatives that are located within or adjacent to the Gorst UGA Prepare a qualitative analysis of potential future (LOS) requirements in the Gorst UGA for the no action and up to two additional land use alternatives Identify necessary transportation capital projects for arterials and mayor collectors in the Gorst UGA, prepare associated budget level cost estimates, and identify potential funding sources Prepare a draft Gorst UGA Transportation Analysis TM that summarizes information from the preliminary traffic analysis, the LOS analysis, and the list of capital protects Prepare a final Gorst UGA Transportation Analysis TM • Public Services and Utilities The following activities will be led by City staff with peer review only by the Consultant Review existing levels of service, estimated needs and demand for service, and protected levels of service under each alternative for police and fire protection, water, wastewater, stormwater, and solid waste The utilities analysis will be based on the stormwater plan (Task 4) and capital improvement program (Task 5) • Meet with City and County staff to review comments on the Preliminary Draft EIS Prepare a presentation of key findings and support City and County at a meeting with legislative bodies to review a preliminary draft summary of the EIS Assumptions See Task 3 General Assumptions and the following • Transportation, Public Services, and Utilities related activities will be lead by City staff with Consultant peer review only • Existing information to be used in the City -lead traffic analysis will consist of the following Bremerton Economic Development Study (WSDOT 2010), Bremerton - Gorst Design Report and EIS (Parametrix 1996), ➢ Krtsap County Comprehensive Plan EIS (Krtsap County 2006), • Two Parametrix staff will attend up to two 2 -hour meetings with the City or Stakeholders Deliverables The following deliverables will be submitted under this subtask • Preliminary Draft EIS • Prepare presentation on key findings from Draft EIS City of Bremerton 232 -1896 -846 Scope of Work 18 November 2010 Watershed Characterization and Comprehensive Watershed Plan Subtask 3.4 — Draft Planned Action /Programmatic EIS Objective Prepare a public review draft EIS following incorporation of City comments Activities Based on City comments on the preliminary Draft EIS, prepare a Draft EIS for public review During the public comment period, support City staff at one public meeting on the Draft EIS Assumptions See Task 3 General Assumptions Deliverables • Draft EIS for public review Subtask 3.6 — Final EIS Objective Prepare a Final EIS Activities Compile a Final EIS that includes a fact sheet, table of contents, Draft EIS corrections (as needed), and responses to comments on the Draft EIS Assumptions See Task 3 General Assumptions Deliverables The following deliverables will be submitted under this subtask • Final EIS, including responses to comments on Draft EIS Subtask 3.6 — Planned Action Ordinance Objective Facilitate future development consistent with the EIS alternatives and analysis through a Planned Action Ordinance Activities Review the City- prepared draft ordinance that designates the Planned Action for the Gorst UGA Per WAC 197 -11 -168, the ordinance will describe the types of project action being designated as a planned action, describe how the planned action meets the criteria in WAC 197 -11 -164, include a finding related City of Bremerton 232 -1896 -846 Scope of Work 19 November 2010 Watershed Characterisation and Comprehensive Watershed Plan to adequacy of the Planned Action EIS (that environmental impacts of the planned action have been identified and adequately addressed in the Planned Action EIS), and identify any specific mitigating measures required to qualify future projects as planned actions Develop a planned action administrative guidance paper to assist with the implementation of the Planned Action Ordinance Include a statement of the specific criteria for qualification as a planned action, a flow chart of the decision- making and review process for proposed planned actions, and a monitoring system to track mitigation and development under the Planned Action Ordinance Attend public hearing on the Planned Action Ordinance (may be the same or different than the Draft EIS meeting in Task 3 4) Assumptions See Task 3 General Assumptions Deliverables The following deliverables will be submitted under this subtask • Peer review of City prepared planned action ordinance • Attendance at one public hearing • Preparation of administrative guidance paper Task 03 General Assumptions and Deliverables Assumptions The following assumptions apply • The EIS will be based on existing information and information developed for the Watershed Characterization — for water resources, geology /soils, plants and animals, and land use • City will provide one set of essentially consolidated comments on each preliminary or draft deliverable • All Consultant deliverables will be electronic (no hard copies of draft or final deliverables will be produced by the Consultant) • City will publish Determination of Significance and Scoping Notice and all other SEPA notices and documents • City will provide up to two staff members to support the scopmg meeting and public hearing • City will schedule and arrange venues for the EIS scopmg meeting, DEIS comment meeting, and public hearing • Consultant will manage and respond to up to 20 unique comments on the DEIS City and County to assist with responding to non - technical EIS comments • Consultant shall conduct no field measurements for noise analysis and reconnaissance -level field work for cultural resources analysis (no shovel probing or excavation) • Consultant shall provide up to two staff members at each of three public meetings the scopmg meeting, one legislative meeting, and the DEIS public comment meeting City of Bremerton 232 -1896 -846 Scope of Work 20 November 2010 Watershed Characterisation and Comprehensive Watershed Plan • Consultant shall provide one staff member to support the public hearing for the Planned Action Ordinance (if separate from DEIS public comment meeting) Deliverables The following deliverables will be submitted under this subtask • Data needs list • EIS guidance memo that includes document approach, outline, and document template • Peer review of City- prepared Draft SEPA Checklist • Peer review of City- prepared Final SEPA Checklist • Peer review of City- prepared Draft and Final Determination of Significance and Scoping Notice for City to publish • Boards and handouts for public scoping meeting and attendance of up to two Consultant team members at the scopmg meeting • Preliminary Draft EIS • Draft EIS • Peer review of City- prepared Notice of Availability of Draft EIS for City to publish • Boards and handouts for one public meeting during the public comment period and attendance of up to two Consultant team members at this meeting • Preliminary Final EIS • Final EIS • Peer review of City - prepared Notice of Availability of Final EIS for City to publish • Peer review of City - prepared Draft Planned action ordinance and Consultant preparation of Draft administrative guidance paper • Peer review of City- prepared Final planned action ordinance and Consultant preparation of Final administrative guidance paper • Attendance of one Consultant team member at one public hearing on the Planned Action Ordinance if separate from Draft EIS hearing TASK 04 — STORMWATER PLAN The objective of the Stormwater Plan is to prioritize existing surface water issues, identify corrections necessary for existing problems, and define system improvements necessary for future development within the watershed The plan will include strategies and actions that address the key project priorities and outcomes, infrastructure and policies that provide for sustainable growth and reduce erosion, pollutant loading, floodplam alteration, and reduction of aquifer recharge This planning will rely heavily on stormwater modeling performed in the watershed characterization and expanded under Task 4 Results of modeling will form the basis of LID evaluation and methodologies for stormwater planning solutions Cary of Bremerton 232 - 1896 -846 Scope of Work 21 November 2010 Watershed Characterization and Comprehensive Watershed Plan Subtask 4.1 — Existing Conditions and Deficiencies Technical Memorandum Objective Obtain and summarize existing information on stormwater conditions in the protect area and identify existing stormwater infrastructure deficiencies Activities The following activities will be conducted as part of this subtask • Inventory and map (GIS) basin storm system • Obtain, review and summarize information from Krtsap County SSWM on outfall location/type /condition, stormwater facilities, and complaints and request for service records • Develop a list and map of known existing storm deficiencies • Develop prioritization criteria for ranking deficiencies and review with City • Prepare Draft TM and review with City • Prepare Final TM based on City comments • Preparation and attendance at up to two meetings, one to discuss the list of known deficiencies, and one to discuss comments on the draft TM Assumptions The task budget is based on the following assumptions • Inventory, GIS mapping, review, and summarizing tasks (the first three bullets listed under Activities above) will be led by the City and will be based on existing GIS and CADD mapping as provided by Krtsap County and the City of Bremerton - the Consultant has no scope or budget to support this task • The TM will include the following figures existing stormwater infrastructure for the Gorst UGA, existing stormwater infrastructure for the Gorst watershed, location of identified stormwater deficiencies • Ranking criteria will be based on Krtsap County SSWM ranking criteria • TM will be organized into separate sections, one for the Gorst UGA and one for the rest of the project area Deliverables The following deliverables will be submitted under this subtask • Existing Conditions and Deficiencies TM • Develop a list and map of known existing storm deficiencies • Develop priontization criteria for ranking deficiencies and review with City • Prepare Draft TM and review with City • Prepare Final TM based on City comments City of Bremerton 232 - 1896 -846 Scope of Work 22 November 2010 Watershed Characterization and Comprehensive Watershed Plan • Preparation and attendance at up to two meetings, one to discuss the list of known deficiencies, and one to discuss comments on the draft TM Subtask 4.2 — COMSOL Model Objective Obtain and develop the COMSOL model Activities The following activities will be conducted as part of this subtask • Develop the COMSOL model for the protect area Assumptions The task budget is based on the following assumptions • COMSOL model to be developed and run by City of Bremerton — the Consultant has no scope or budget to support this task Deliverables The following deliverables will be submitted under this subtask • The COMSOL model will be completed by the City without support from the Consultant Subtask 4.3 — Programmatic Stormwater Management Alternatives Technical Memorandum Objective Identify and describe alternatives for programmatic stormwater management and regulation in the Gorst UGA Activities The following activities will be conducted as part of this subtask • Prepare a preliminary description of stormwater management goals, objectives and regulatory policies • Summarize NPDES compliance issues associated with the Gorst UGA • Prepare up to two alternative approaches for stormwater management and regulation in the Gorst UGA Evaluate each alternative relative to the following criteria ➢ Extent to which existing problems are addressed and corrected, including extent to which stream functions are restored, and extent to which water quality will be improved Regulatory framework and gaps City of Bremerton 232 - 1896 -846 Scope of Work 23 November 2010 Watershed Characterization and Comprehensive Watershed Plan ➢ Implementation, monitoring and enforcement Implementation costs • Based on the outcome of the alternatives analysis, prepare preliminary development standards for the preferred option • Prepare a Draft TM and review with City • Prepare Final TM based on City comments • Preparation and attendance at up to two meetings, one to discuss preliminary development standard alternatives, and one to discuss comments on the draft TM Assumptions The task budget is based on the following assumptions • Alternatives will consist of a status quo option whereby existing standards are used in the project area, and one additional option that includes incorporating LID techniques in all new development and redevelopment • The TM will be organized into separate sections, one for the Gorst UGA and one for the rest of the basin • Development standards will consist of two options application of existing standards and guidelines, and development of specific standards for LID techniques in the Gorst UGA • Development standards addressed within this task will be limited to general standards for how and where stormwater related LID techniques are to be applied to new development and redevelopment within the Gorst UGA No new LID engineering or design standards are included in this scope and it is assumed that LID technical information contained in the Kitsap County LID Guidance Manual will be adopted by reference • The SUSTAIN model prepared under Task 1 will provide all the specific information and mapping needed to determine locations of specific LID BMPs and no additional LID location information will be necessary • The COMSOL model and associated report prepared under subtask 4 2 will provide specific recommendations for type, location and design (as applicable) of LID BMPs in the Gorst UGA • Code and/or ordinance development and adoption will be performed by the City Deliverables The following deliverables will be submitted under this subtask • Prepare a preliminary description of stormwater management goals, objectives and regulatory policies • Summarize NPDES compliance issues associated with the Gorst UGA • Prepare up to two alternative approaches for stormwater management and regulation in the Gorst UGA • Based on the outcome of the alternatives analysis, prepare preliminary development standards for the preferred option City of Bremerton 232 - 1896 -846 Scope of Work 24 November2010 Watershed Characterization and Comprehensive Watershed Plan • Prepare a Draft and final TM • Preparation and attendance at up to two meetings, one to discuss preliminary development standard alternatives, and one to discuss comments on the Draft TM Subtask 4.4 — Draft and Final Stormwater Plan Objective Prepare the draft and final Stormwater Plan for the project area Activities The following activities will be conducted as part of this subtask • Prepare a Draft Stormwater Plan based on the information prepared in Tasks 4 1, 4 2 and 4 3, the SUSTAIN Model and Watershed Analysis prepared as part of Task 1, and the Stormwater Corrective Action TM developed in Task 5 1 • Review the draft plan with City and prepare a Final Plan based on City comments • Preparation and attendance at one meeting to discuss comments on the draft plan Assumptions The task budget is based on the following assumptions • The Stormwater Plan will be organized into separate sections, one for the Gorst UGA and one for the rest of the basin Deliverables The following deliverables will be submitted under this subtask • Draft and Final Stormwater Plan TASK 05 — CAPITAL IMPROVEMENT AND CORRECTIVE ACTION PLAN A capital improvement and corrective action plan (CIP /CAP) will be developed to identify and prioritize the projects needed to correct existing deficiencies and provide necessary infrastructure to support sustainable development The CIP /CAP will contain elements to restore fish passage, protect wetlands and streams, protect shorelines and shellfish beds, and improve water quality The CIP /CAP will be a dynamic document that is developed concurrently with the Land Use Plan The goal of this approach is to provide capital project and cost information that informs the land use planning process, and vice versa Parametrix will work with the City to develop both of the specific capital improvement protects, as well as the programmatic implementation strategies and development of funding options that are consistent with the City's Comprehensive Plan, the project goals, and the City's (and other partners and stakeholders) expectations City of Bremerton 232 - 1896 -846 Scope of Work 25 November 2010 Watershed Characterization and Comprehensive Watershed Plan Subtask 5.1 — Stormwater Corrective Actions Technical Memorandum Objective Prioritize stormwater corrective actions based on deficiencies identified as part of Subtask 4 1 Activities The following activities will be conducted as part of this subtask • Prepare a one page CIP project sheet for each identified deficiency that includes a text description of the project, a concept level budget estimate, and a schematic plan • Conduct prionhzation ranking analysis using criteria developed in Subtask 4 1 • Identify potential funding sources for each indentified deficiency • Prepare a draft TM summarizing identified protects, cost estimates and pnontization analysis • Meet with the City to review the draft TM • Prepare a final TM summarizing projects, cost estimates and prioritization analysis Assumptions The task budget is based on the following assumptions • Up to 10 individual CIP protects will be evaluated • Parametnx staff will attend up to two 2 -hour meetings with Stakeholders, one to discuss budget level cost estimates, and one to discuss comments on the draft TM • Draft documents will be provided in electronic (PDF) format, Final TM will be provided in hardcopy (up to 8 copies) and electronic formats Deliverables The following deliverables will be submitted under this subtask • One -page project sheets for each CIP item (up to 10 total ) • Draft and final TM Subtask 5.2 — Land Use Plan CIP Objective Evaluate existing infrastructure within the watershed and identify infrastructure capital improvement protects necessary to accommodate planned growth The CIP will include elements to protect fish passage, wetlands, streams, shorelines, and water quality Activities The following activities will be conducted as part of this subtask City of Bremerton 232- 1896 -846 Scope of Work 26 November 2010 Watershed Characterization and Comprehensive Watershed Plan • Prepare a work plan describing the LOS analysis and coordinate with the City to confirm goals and expectations for the CIP • Evaluate existing conditions and identify existing and future level of service (LOS) requirements in the Gorst UGA for water supply, sanitary sewer, emergency services, gas, electric, and utilities • Identify potential capital projects, prepare associated budget level cost estimates, and identify likely funding sources for water supply, sanitary sewer, emergency services, gas, electric, and utilities • Using the output from the SUSTAIN model, Stormwater Plan and Watershed Assessment, identify and prioritize protects that will address identified stream function and water quality deficiencies Prioritization criteria will include the extent to which existing problems are corrected, extent to which stream functions are restored, and extent to which water quality will be improved • Prepare TM summarizing LOS analysis, stream function and water quality deficiencies analysis, proposed capital projects • Prepare preliminary funding analysis that identifies proposed funding source(s) for capital projects and implementation strategies that are consistent with the Land Use Plan and stakeholder expectations • Develop draft CIP spreadsheet using selected projects • Review draft CIP and TM with City • Prepare final CIP spreadsheet using selected protects Assumptions The task budget is based on the following assumptions • Level of service analysis for sanitary sewer and water supply will be performed by the City • Existing and future maps of sanitary sewer and water supply facilities will be provided by the City • The CIP /CAP will be developed concurrently with the Land Use Plan under Task 2 • The transportation LOS summary will be prepared as part of Task 2 • Parametrix staff will attend up to two 2 -hour meetings with the City Stakeholders, one to discuss approach for LOS analysis, capital protect identification and preliminary CIP screening, and one to discuss comments on the draft CIP • Draft documents will be provided in electronic (pdf) format, Final TM and CIP will be provided in hardcopy (up to 8 copies) and electronic formats Deliverables The following deliverables will be submitted under this subtask • CIP Work Plan • Budget Level Cost Estimates • Draft and Final Land Use Plan TM and CIP City of Bremerton 232 -1896 -846 Scope of Work 27 November 2010 Watershed Characterization and Comprehensive Watershed Plan • Identify and prioritize projects that will address identified stream function and water quality deficiencies • TM summarizing LOS analysis, stream function and water quality deficiencies analysis, proposed capital projects • Preliminary funding analysis • Develop Draft CIP spreadsheet using selected projects Subtask 5.3 — Landfill Corrective Action Plan Objective Evaluate reasonable alternatives and select a preferred approach for landfill cleanup Activities The following activities will be conducted as part of this subtask • Coordinate with stakeholders to develop protect goals, objectives, and approach • Inspect site and review existing information including EPA and Health District site files • Develop preliminary remedial alternatives and prepare draft Preliminary Alternatives Assessment TM describing up to four remedial options, feasibility, and potential range of costs The TM will include a summary of site conditions based on existing information • Develop alternatives identified in the TM and prepare a draft Engineering Evaluation/Coats Analysis (EE /CA) report • Coordinate review of the documents submitted with stakeholders, consolidate review comments, and prepare a final EE /CA report Assumptions The task budget is based on the following assumptions • Landfill cleanup alternatives will address chemical /physical stabilization of the landfill and stream habitat restoration only, potential contaminated media such as downstream sediments will not be addressed • No sample collection or survey work will be performed • Engineering design will be advanced to the approximate 15 percent level of detail Up to four engineering sheets will be prepared • Parametrix staff will attend up to four 2 -hour meetings with Stakeholders, kick off meeting, one additional coordination meeting with stakeholders, review of Preliminary Alternatives Assessment TM, and review of draft EE /CA • Draft documents will be provided in electronic (pdf) format, Final TM and EE /CA will be provided in hardcopy (up to 8 copies) and electronic formats City of Bremerton 232 - 1896 -846 Scope of Work 28 November 2010 Watershed Characterization and Comprehensive Watershed Plan Deliverables The following deliverables will be submitted under this subtask • Draft and final Preliminary Alternatives Assessment TM • Draft and final Engineering Evaluation/Cost Assessment Report Subtask 5.4 — Fish Passage Barrier Preliminary Engineering Objective Inventory and prioritize fish passage barriers within the Gorst Creek watershed and prepare an engineering report for correction of the top priority fish passage barrier Activities The following activities will be conducted as part of this subtask • Review existing information and prepare basin -wide barrier inventory and assessment TM and recommend one barrier for further engineering evaluation • Prepare a Draft Preliminary Engineering Report for the selected barrier site based on WDFW design guidelines • Based on City review and comment, prepare a final Preliminary Engineering Report for the selected barrier site based on WDFW design guidelines Assumptions The task budget is based on the following assumptions • Inventory will consist of review of existing barrier information developed by WDFW and one site visit • No survey is included in this scope • Engineering design will be schematic level Up to two engineering sheets will be prepared • Parametnx staff will attend up to two 2 -hour meetings with the City, one to discuss the basin wide inventory TM, and one to discuss comments on the draft Preliminary Engineering Report • Draft documents will be provided in electronic (pdf) format, Final CIP will be provided in hardcopy (up to 8 copies) and electronic formats Deliverables The following deliverables will be submitted under this subtask • Draft and final summary basin -wide barrier inventory and assessment TM • Draft and final Preliminary Engineering Report City of Bremerton 232- 1896 -846 Scope of Work 29 November 2010 Watershed Characterization and Comprehensive Watershed Plan Subtask 5.5 — Summary CIP Objective Summarize information developed under Task 5 in spreadsheet format Activities The following activities will be conducted as part of this subtask • Prepare a draft CIP summary in spreadsheet format that presents the results of work performed under Task 5 The spreadsheet will describe and organize the CIP according to infrastructure component and will provide a description of proposed funding source • Review the draft CIP with City and prepare a Final CIP based on City comments Assumptions The task budget is based on the following assumptions • Parametrix staff will attend one 2 -hour meeting with Stakeholders to discuss comments on the draft plan • Draft documents will be provided in electronic (pdf) format, Final CIP /CAP summary will be provided in hardcopy (up to 8 copies) and electronic formats Deliverables The following deliverables will be submitted under this subtask • Draft and final CIP TASK 06 — OUTREACH AND INFORMATION TRANSFER The Outreach & Information Transfer Task addresses stakeholder outreach and communication, and information transfer for the Gorst Watershed planning process Each is discussed below While the information technology transfer task will take place near the end of the protect, the stakeholder outreach and communication tasks will take place from the very beginning and throughout the completion of the protect Tasks in this section will support efforts in other project tasks. Subtask 6.1 — Public & Stakeholder Communication Strategy TM/Work Plan Objective Develop clear strategies and roles and responsibilities for internal and external communication Activities The following activities will be conducted as part of this subtask City of Bremerton 232 -1896 -846 Scope of Work 30 November 2010 Watershed Characterization and Comprehensive Watershed Platt • Meet with City and project team to discuss City outreach goals and preferences, clarify roles and responsibilities, review past community practices, and specific lessons learned and/or challenges relevant to this project • Develop a team communication and organization strategy that outlines clear roles, responsibilities, project tracking methods, team reporting relationships, and information sharing protocols The strategy will address communication, organization and coordination around the public process and technical aspects of the work • Develop a project work plan and schedule to deliver the project The work plan will include a description of tasks, an outline for deliverables and schedule showing task dependencies, milestones and deadlines The schedule will be a refinement of the schedule delivered with the Project Management Plan at project initiation • Develop a public and stakeholder communication strategy that will involve diverse audiences and interested parties, ensure effective one -way and two -way communication, and support an open and transparent process The strategy will include goals, objectives, outreach activities and a specific timeline for implementation Assumptions The task budget is based on the following assumptions • One round of major revisions and one round of minor revisions for draft and final strategy • City will provide one set of consolidated comments on draft and final strategy Deliverables The following deliverables will be submitted under this subtask • Internal team communication and organization strategy • Project work plan and schedule • Public and stakeholder communication strategy Subtask 6.2 — Engage Stakeholders Objective Conduct effective public and stakeholder outreach and involvement through one -way and two -way communication, ensure participation of diverse and all interested parties, support an open and transparent process, involve those most affected in plan review and recommendations, develop materials, processes and messages to promote awareness, understanding and participation including those who join late in the process Activities The following activities will be conducted as part of this subtask • Meet with City and project team to discuss stakeholder questionnaire including goals, potential questions and questionnaire administration through online survey in addition to hand - distribution • Develop stakeholder questionnaire including questions related to stakeholder communication practices, public and stakeholder understanding, and concerns /challenges for this project City of Bremerton 232- 1896 -846 Scope of Work 31 November 2010 Watershed Characterization and Comprehensive Watershed Plan • Charter and facilitate stakeholder advisory committee to engage interested parties, create open and transparent process, and support stakeholder review /consideration of plan elements Committee will consist of project partners and stakeholders, elected officials, tribes, general public, and other interested parties Committee will review project team conclusions and recommendations, provide input, and reach agreement on the path forward • Meet with City and protect team to identify list of potential advisory committee members and recruitment process • Develop chartering materials to address committee structure, roles and responsibilities, decision - making process, conflict resolution methods, communication protocols, and other rules of engagement • Develop advisory committee agendas • Attend and participate in advisory committee planning and debrief meetings • Facilitate five, two -hour advisory committee meetings • Present information to the Suquamish Tribe and other stakeholders • Provide community workshop support for City- sponsored public and community workshops • Draft copy for media relations including news releases, calendar announcements and newsletter articles • Draft copy and review design for project postcards, fact sheets, and a generic project comment card • Protect team meetings (in person and by teleconference) Assumptions The task budget is based on the following assumptions • City will be responsible for questionnaire reproduction, distribution and collection of responses • City will input all hand- completed questionnaires into online survey program • City will handle all costs and administration for online survey setup • Hard copy survey will be 8 5 x 11 ", double -sided format for first class mail and electronic distribution • Questionnaire will have limited open -ended questions • City will handle recruitment logistics including contact with and confirming participation of advisory committee members, prepare meeting summaries and coordinate logistics (facility arrangements, refreshments, materials distribution, meeting reminders, etc ) • Advisory meetings are expected to be 2 hours in duration • MPC and Parametrix each will attend and provide support for five stakeholder committee meetings City of Bremerton 232 -1896 -846 Scope of Work 32 November 2010 Watershed Characterization and Comprehensive Watershed Plan • One round of major revisions and one round of minor revisions for all project materials • City will provide one set of consolidated comments on chartering materials • MPC and Parametnx each will provide support for two public meetings • MPC will provide up to 12 hours for project team meetings • City will print and distribute materials • City will create and maintain a project Web site with accurate and up -to -date project information, and unique URL for convenient access • City will serve as protect spokesperson for all media inquiries • One round of major revisions and one round of minor revisions on all communication materials • City will provide one set of consolidated comments on communication materials • MPC will additionally provide up to 40 hours for communication materials Additional communication materials will be developed by the city Deliverables The following deliverables will be submitted under this subtask • Draft and final stakeholder questionnaire • Questionnaire analysis and stakeholder communication recommendations • Chartering materials, agendas for advisory committee meetings • Facilitation of five, two -hour advisory committee meetings • Schedule /scope for advisory committee meetings • Three (3) news releases • Three (3) calendar announcements • Three (3) newsletter articles • Three (3) protect postcards • Three (3) fact sheets • One (1) comment card • Project team meetings (in person and by teleconference) Task 6.3 TM Methodology Report Parametrix will support the City in crafting the technology transfer memorandum City of Bremerton 232- 1896 -846 Scope of Work 33 November 2010 Watershed Characterization and Comprehensive Watershed Plan Task 6.4 Technology Transfer Parametrix will provide (CD Rom) copies electronic files to the City of all project documents and correspondence as an indexed archive These files will be suitable for uploading onto the City's websrte, although uploaded content will be determined by the City Information will be generally similar to information currently residing on the DCD portion of the City's site All site support and systems for this repository will be the City's responsibility City of Bremerton 232 - 1896 -846 Scope of Work 34 November 1010 Watershed Characterization and Comprehensive Watershed Plan EXHIBIT B Budget The professional services described in the scope of work (Exhibit A) will be performed on a cost plus multiplier basis with estimated total costs of $589,993, as outlined below This estimate will not be exceeded without prior written authorization by the City Protect Costs shall comply with the rate schedule, a detailed breakdown of costs for the work is provided in the attached budget spreadsheets RATE SCHEDULE Anticipated Personnel Direct Rate Direct Rate Billing Rate x 3.1 Project Manager 5619 17419 $150 00 /hr (capped) Task Leads 65 93 max 204 38 max $150 00 /hr (capped) Jan Cassin Phil Struck John Perlic QA/QC Engineer 6090 18879 $150 00 /hr (capped) Senior Engineer 4042 12530 $125 30 /hr Engineer IV 3885 12044 $120 44 /hr Senior Scientist 4007 12422 $124 22 /hr CADD 3019 9359 $93 59 /hr Administrative 2336 7229 $72 29 /hr NOTE Rates shown are typical for category Actual rates will depend on assigned personnel Direct salary x 3 1 not to exceed $150 00 5% Subconsultant mark up 6% Direct Salary for Other Direct Costs City of Bremerton 232- 1896 -846 Scope of Work I November 2010 Watershed Characterization and Comprehensive Watershed Plan TOTAL PROJECT COST BY TASK Task 01 Watershed Characterization $90,091 Task 02 Land Use Plan and Development Regulations $81,648 Task 03 Planned Action EIS $186,349 Task 04 Stormwater Plan $64,448 Task 05 Capital Improvement and Corrective Action Plan $120,946 Task 06 Outreach and Information Transfer $46,511 BudgetTotal ..................................................................................................... ............................... $589,993 PREVIOUS AUTHORIZATION UNDER INITIAL CONTRACT Task 01 Watershed Characterization $5,003 Task 04 Stormwater Plan $3,994 Task 05 Capital Improvement and Corrective Action Plan $3,003 THIS CONTRACT Task 01 Watershed Characterization $85,088 Task 02 Land Use Plan and Development Regulations $81,648 Task 03 Planned Action EIS $186,349 Task 04 Stormwater Plan $60,454 Task 05 Capital Improvement and Corrective Action Plan $117,943 Task 06 Outreach and Information Transfer $46,511 BudgetTotal .............................................................................. ............................... .......................$577,993 City of Bremerton 232 - 1896 -846 Scope of Work 2 November 2010 Watershed Characterization and Comprehensive Watershed Plan WORK BREAKDOWN STRUCTURE AND LABOR BUDGET CITY PMX SUBS Partners City Subtotal 6% PMX Subs Partner Lead Subtask Des PM M Eng Sr Plan Total PM Task Leadech Staff (GI' Admm PMX ODCs Total CCS ICF ECON MPC Subtotal 5% Total WDOE WDFW KC KCHD POB Tribe Sust Brerr Lockhart WSWC Total It Inventory of Existing Watershed Conditions $65 $65 $65 $150 $150 $100 $65 $150 $125 $38 $55 $70 $50 $50 $50 $15 $100 $50 Activities ALL Inventory and map (GIS) land use and infrastructure 8 16 24 0 0 0 0 0 16 0 0 PMX Inventory and map (GIS) physical and biological features 16 16 0 0 2 16 0 0 0 0 0 g g PMX Inventory and map (GIS) threats and stressors 0 0 2 24 0 0 0 0 0 8 8 PMX Draft TM 0 0 16 24 4 0 0 0 0 0 ALL Review and comment on TM 4 8 12 0 0 0 0 0 0 0 0 PMX Final TM 0 0 4 4 8 ALL Meetings and Coordination Kickoff /data review meeting) 0 6 6 4 16 6 6 6 24 4 0 0 0 0 8 2 0 4 0 0 8 8 4 4 4 0 Subtotal Hrs 18 30 4 52 6 34 96 10 0 20 0 0 20 8 8 40 0 0 8 0 0 4 68 Subtotal Cost $1,170 $1,950 260 n380 $900 $5,100 $9 650 $16,250 0 $2,500 0 so $2 300 440 $2,800 $0 $0 400 $0 0 200 $4,140 Subtask 12 Calibrated HSPF Model for Gorst Activities CITY HSPF Model Setup 24 24 0 0 0 0 24 0 0 0 CITY Calibration using WWHM4 24 24 0 0 0 0 24 0 0 0 0 CITY Draft Technical Memorandum 0 3 3 0 0 0 0 16 0 0 0 0 ALL Review and comment on TM 8 8 16 2 0 0 0 0 0 0 0 4 4 CITY Final TM 8 8 0 0 0 0 12 0 0 0 0 ALL Meetings and Coordination 8 8 8 8 0 2 12 0 0 0 6 6 Subtotal Hrs 16 67 0 83 10 8 0 2 20 88 0 0 0 88 6 0 4 0 0 0 0 0 0 10 Subtotal Cost $1,040 $4,355 0 $5,395 $1 $1,200 0 130 $2,830 $13,200 0 0 $0 $13,200 $225 0 280 0 0 0 0 0 0 $505 Subtask 13 SUSTAIN Model Baseline Conditions Activities CITY Prepare CAPP (Sustain HSPF WWHM4 Habitat Val Comsop & submit to EPA (2 2 8 10 0 0 0 0 0 0 0 0 0 CITY Using HSPF inputs model baseline conditions 8 8 0 0 0 0 0 0 0 0 0 CITY Determine BMPs/scenanos to model 8 16 24 0 0 0 0 0 0 0 0 0 CITY Evaluate benefits of green infrastructure on water quality and quantity 12 12 0 0 0 0 0 0 0 0 0 CITY Draft Technical Memorandum 16 16 0 0 0 0 0 0 0 0 0 ALL Review and comment on TM 8 8 16 0 0 0 0 0 0 0 0 4 4 8 CITY Final TM 12 12 0 0 0 0 0 0 0 0 0 ALL Meetings and Coordination 12 12 12 6 0 4 0 0 0 0 4 8 12 Subtotal Hrs 30 80 0 110 12 6 0 4 22 0 0 0 0 0 0 0 8 0 0 12 0 0 0 20 Subtotal Cost $1,950 $5,200 0 $7 $1,800 900 $0 260 $2,960 0 0 $0 $0 $0 0 0 560 0 0 600 $0 0 0 $1,160 Subtask 14 Watershed Analyses Activities PMX Local Habitat Assessment Gorst Watershed 0 0 0 16 0 4 0 0 0 0 20 200 220 PMX Analysis/ranking ecological processes and functions - important areas 0 0 32 40 4 0 0 0 0 60 4 8 8 80 PMX Analysis/ranking of threats/stressors and process impairments 0 0 32 20 4 0 0 0 0 48 24 4 8 8 92 PMX GIS Analysis/Identification of Opportunity Areas (Development Restoration Protection) 0 0 24 12 2 0 0 0 0 PMX Draft TM Watershed Analyses 160 8 8 176 ALL 0 0 0 12 6 0 0 0 0 60 64 124 Review and comment 8 8 20 36 0 0 0 0 PMX Final TM 0 0 0 0 8 8 16 0 0 16 16 4 0 0 0 0 30 20 50 ALL Meetings and Coordination 16 8 12 36 16 8 4 2 0 0 0 0 20 12 4 12 12 60 Subtotal Hrs 24 16 32 72 16 128 104 26 274 0 0 0 0 0 398 320 20 0 0 44 0 0 36 818 Subtotal Cost $1,560 $1,040 $2,080 $4,680 $2 400 $19,200 $10-400 $1 $33,690 0 0 0 $0 0 $14 $17,60 0 1 400 $0 0 $2,200 $0 $1,800 $37 Subtask 15 Watershed Characterization Report Activities PMX Draft Report ALL Review and comment 0 0 24 40 6 0 0 0 0 40 40 80 PMX M Report 8 8 8 24 2 0 0 0 0 0 0 0 8 12 12 32 ALL eeteet 0 2 16 0 6 0 0 0 0 32 32 64 in s and Coordination 4 4 4 12 4 8 4 2 0 0 0 0 16 16 4 8 8 52 Subtotal 12 12 12 36 8 48 44 14 114 0 0 0 0 0 88 88 12 0 0 20 0 0 20 228 Subtotal Cost 780 780 780 $2,340 $1,200 $7,200 $4,400 $910 $13,710 $0 $0 $0 $0 $0 $3,30 $4,840 $840 0 0 $1 $0 0 $1,000 $10,980 Total WBS Hours 100 205 48 353 52 224 244 56 576 88 20 0 0 108 500 416 84 0 0 84 0 0 60 1144 Total WBS Labor Cost $6 500 $13 325 $3,120 $22 945 $7 800 $33 600 $24400 $3640 $69440 $4166 $73606 $13200 $2500 $0 $0 $15700 $785 $16 485 $18 750 $22 880 $5 880 $0 $0 $4200 $0 $0 $3 000 $54,710 Direct Expenses and Equipment Cost Directs Per Grant Aggmt Total WBS Cost Estimate $6.500 $13.325 $3,120 $22,945 1 $7,800 $33,600 $24,400 $3,640 $69 $4,166 $73,606 $13,200 $2,500 $0 $0 $15,700 $785 $16,485 $54 710 Cq o rs - VJ a +er5 keA l� -laS�o GORST WATERSHED PLAN Task 2 -Land Use Plan WORK BREAKDOWN STRUCTURE AND LABOR BUDGET city PMX CCS ICF ICF ICF ECON ECON ECON ECON ECON ECON ECON Partners Subtotal 6% Total Sr Sr Total PM M Eng Sr Plan Subtotal PM cask LeatTech Stat Admm PMX ODCs PMX CCS Planner Planner Planner Sr PlanneiSr PlanneiSr Plannei Planner Analyst Analyst Admin MPC Subtotal 5% Subs WDOE WDFW KC KCHD POB TRIBE UST BREOCKHAF WSWC Subtotal Lead Subtask Descn bon $65 $65 $65 $150 $150 $100 $65 $150 $150 $126 $100 $150 $125 $120 $90 $70 $65 $50 $38 $55 $70 $50 $50 $50 $15 $100 $50 21 Develop Project Strategies and Tour Study Area Activities 0 0 CITY Develop Project Strategies 4 8 12 2 0 0 0 0 0 0 0 0 0 0 0 0 0 2 0 8 8 ALL Tour Study Area 4 4 0 0 0 0 0 8 8 0 0 0 0 0 0 0 0 0 4 4 CITY SWOT TM 8 8 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ALL Review and Comment 2 2 2 0 0 0 0 4 4 0 0 0 0 0 0 0 0 0 2 2 ALL Meetings and Coordination 8 8 16 8 0 0 0 0 6 0 0 0 0 0 0 0 0 0 0 8 8 Subtotal Hrs 14 0 28 42 12 0 0 0 0 18 12 0 0 0 0 0 0 0 2 0 32 0 0 22 0 0 0 0 0 0 22 Subtotal Cost 910 0 $1,820 $2,730 $1,800 0 0 $1,800 2,100 1,512 100 $ $4,312 0 0 $1,540 0 0 0 $1,540 2.2 Land Use. Environmental, and Infrastructure Analysis Activities PMX Summary of Key Findings 8 12 12 32 4 0 0 0 0 12 10 0 0 0 0 0 0 0 0 0 8 8 PMX Land Capacity Analysis 12 12 0 0 0 0 0 6 2 22 0 0 0 0 0 0 0 0 6 6 CITY Evaluate UGA Boundary(ies) Contingency 4 4 0 0 0 0 0 4 0 0 0 0 0 0 0 0 0 0 4 4 X CITY Develop Land Use Strategies 8 16 24 4 0 0 0 0 12 12 4 0 0 0 0 0 0 0 0 16 16 ITY PMX Develop draft land use plan 24 24 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ALL Review and Comment 8 8 16 32 6 0 0 0 0 6 4 0 0 0 0 0 0 0 0 0 16 16 PMX Final land use plan 8 8 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ALL Meetings and Coordination 8 4 8 20 8 0 0 0 0 10 0 0 0 0 0 0 0 0 0 0 8 8 Subtotal Hrs 32 24 100 156 22 0 0 0 0 50 28 26 0 0 0 0 0 0 0 0 104 0 0 58 0 0 0 0 0 0 58 Subtotal Cost $2,080 $1,560 $6,500 $10,140 $3,300 0 0 0 $3,300 7,500 3,528 2,600 $13,628 0 0 $4,060 0 0 0 0 0 $4,060 Subtask 2 3 MarketlEconomic Assessment Activities PMX Draft Market Analysis 4 8 12 2 0 0 0 0 4 0 0 30 32 40 50 16 50 2 0 0 PMX Land use impact evaluation 4 8 12 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8 8 PMX Draft TM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ALL Review and Comment 8 8 16 4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8 8 PMX Final TM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ALL I Meetings and Coordination 4 4 8 4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 4 Subtotal Hrs 20 0 28 48 12 0 0 0 0 4 0 0 30 32 40 50 16 50 2 0 224 0 0 20 0 0 0 0 0 0 20 Subtotal Cost $1300 0 $1,820 $3,120 $1,800 0 0 0 $1,800 600 4,500 4,000 4,800 4,500 1,120 3,250 100 $22,870 0 0 $1,400 0 0 0 0 0 0 $1,400 Subtask 2 4 Land Use Concepts and Regulations Activities CITY Community Visioning (Design Charette) 8 8 16 32 4 0 0 0 0 6 10 6 0 0 0 0 0 0 0 0 8 8 CITY Develop Land Use Concepts 8 8 16 32 4 0 0 0 0 8 4 16 0 0 0 0 0 0 0 0 16 16 CITY Draft policy memo 8 16 24 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ALL Review and Comment 8 8 16 4 0 0 0 0 8 4 0 0 0 0 0 0 0 0 0 8 8 CITY Final TM 4 8 12 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ALL Meetings and Coordination 4 4 8 4 0 0 0 0 6 0 0 0 0 0 0 0 0 0 0 4 4 Subtotal Hrs 28 36 60 124 16 0 0 0 0 28 18 22 0 0 0 0 0 0 0 0 68 0 0 36 0 0 0 0 0 0 36 Subtotal Cost $1,820 $2,340 $3,900 $8,060 $2,400 0 0 0 $2,400 4 2,268 2,200 $8,668 0 0 $2,520 0 0 0 0 0 0 $2,520 Subtask 2 5 Preferred Alternative Proposed Plan Activities CITY Develop Land Use Plan Preferred Altemative 4 4 16 24 2 0 0 0 0 4 0 16 8 8 0 0 0 8 0 0 0 CITY Identify required policies and regulations 8 32 40 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 32 32 ALL Joint (KC /COB) legislative workshop(s) 24 8 16 48 10 0 0 0 0 6 6 0 0 0 0 0 0 0 0 0 16 16 32 CITY Develop proposed plan policies and regulations 8 8 32 48 4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ALL Review and Comment 4 4 4 12 4 0 0 0 0 8 4 0 0 0 0 0 0 0 0 0 4 8 12 CITY Final proposed plan policies and other code documents 8 8 16 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ALL Meetings and Coordination 8 8 8 24 8 0 0 0 0 6 6 0 0 0 0 0 0 0 0 0 8 16 24 Subtotal Hrs 48 48 116 212 28 0 0 0 0 24 16 16 8 8 0 0 0 8 0 0 80 0 0 60 0 0 40 0 0 0 100 Subtotal Cost $3 $3,120 $7,540 $13,780 $4,200 0 0 0 $4,200 3,600 2,016 1,600 1,200 1,000 520 $9 0 0 $4,200 0 0 $2,000 0 0 0 $6,200 Subtask 26 Adoption Process Activities CITY Develop Plan and Zoning Ordinance 8 8 24 40 4 0 0 0 0 8 0 8 0 0 0 0 0 0 0 0 8 8 CITY Public Hearings 8 8 32 48 8 0 0 0 0 6 0 0 0 0 0 0 0 0 0 0 24 24 Subtotal Hrs 16 16 56 88 12 0 0 0 0 14 0 8 0 0 0 0 0 0 0 0 22 0 0 32 0 0 0 0 0 0 32 Subtotal Cost $1,040 $1 $3,640 $5,720 $1,800 0 0 0 $1,800 2,100 800 $2,900 0 0 $2,240 0 0 0 0 0 0 2 240 Total WBS Hours 158 124 388 670 102 0 0 0 102 0 138 74 72 38 40 40 50 16 58 4 0 530 0 0 228 0 0 40 0 0 0 268 Total WBS Labor Cost $10 270 $8 060 $25 220 $43 550 $15 300 $0 $0 $0 $15300 $918 $16218 $0 $20700 $9324 $7200 $5700 $5000 $4800 $4500 $1120 $3770 $200 $ $62 314 $3 116 $65 430 $0 $0 $15960 $0 $0 $2000 $0 $0 $0 $17960 Direct Expenses and Equipment Cost $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $ - $0 Total WBS Cost Estimate -- + - $43,550 $15.300 0 0 0 $15,300 918 $16.218 0 $20,700 $9,324 $7,200 $5,700 $5,000 $4,800 $4,500 $1,120 $3,770 200 $62.314 $3,116 $65.4301 $17,960 Task 3 EIS WORK BREAKDOWN STRUCTURE AND LABOR BUDGET city PMX ICF ICF ICF ICF ICF ICF ICF ICF Partners PMX 6% PMX Subs PM M Eng Sr Plan Subtotal PM Sr Eng Sr Sci Tech Staff Subtotal ODCs Total Admin Sr Plan Sr Plan Planner AQ Cultural AQ/Noise Graph/Ed CCS ECON MPC Subtotal 5% Total WDOE WDFW KC KCHD POB Tribe Sust Brerr Lockhart WSWC Subtotal Lead Subtask Description $65 $65 $65 Hrs $150 $150 $150 $90 $65 $15000 $12600 $100 00 $150 00 $140 00 $105 00 $95 00 $150 31 EIS Initiation $38 $55 $70 $50 50 $50 $15 $100 $50 Hrs Activities PMX Data collection and review 4 4 4 12 0 0 0 0 0 2 8 16 8 8 12 0 0 0 0 4 4 PMX EIS guidance draft TM 0 0 0 0 0 0 4 0 0 0 0 0 5 0 0 0 0 ALL Review and Comment 4 4 4 12 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 4 PMX EIS guidance final TM 0 0 0 0 0 0 2 0 0 0 0 0 3 0 0 0 0 ALL Site visits Meetings and Coordination 4 4 4 12 4 4 4 0 4 8 6 0 0 10 0 0 0 0 0 4 4 Subtotal Hrs 12 12 12 36 1 4 4 4 0 12 4 16 14 16 8 18 12 8 0 0 0 0 0 0 12 0 0 0 0 0 0 12 Subtotal Cos 780 780 780 $2.340 1 S 600 600 600 1,800 260 2,400 1,764 1,600 1,200 2,520 1,260 760 0 0 0 11,764 0 0 840 0 0 0 0 0 0 840 Subtask 31 Plan Alternatkres and EIS Scoping Activities Gay Draft SEPA checklist 4 4 0 0 0 0 0 2 0 0 0 0 0 2 0 0 0 4 4 CITY Draft DS and Scoping Notice 8 8 0 0 0 0 0 2 0 0 0 0 0 0 0 0 0 8 8 PMX Develop action altematives 4 8 12 4 0 0 0 0 10 16 0 0 0 0 6 0 0 0 8 4 4 4 4 24 ALL Review and Comment 4 4 8 4 4 4 0 0 0 0 0 0 0 0 0 0 0 0 4 4 4 4 4 20 ALL Joint Legislative (City County Tribe) Meeting to confirm Draft EIS 16 4 12 32 10 4 4 0 0 8 0 2 0 0 0 4 0 0 0 12 4 12 28 PMX Final SEPA checklist 0 0 0 0 0 0 2 0 4 0 0 0 0 0 0 0 0 CITY Final DS and Scoping Notice 8 8 0 0 0 0 0 2 0 0 0 0 0 0 0 0 0 8 8 CITY Public Scoping Meeting 8 4 4 16 8 0 0 0 0 8 6 2 0 0 0 4 0 0 0 4 4 4 4 4 20 ALL Site visits Meebn s and Coordination 4 4 4 12 1 4 4 4 0 4 8 6 0 0 0 0 0 0 0 0 4 4 4 4 16 Subtotal H 36 12 52 100 1 30 12 12 0 54 4 42 28 8 0 0 0 16 0 0 0 98 0 0 52 0 20 28 0 12 16 128 Subtotal Cos 2340 780 $3,380 $6,500 4.500 1 800 1 800 8 100 260 6 300 3 528 800 1,520 0 0 0 12,408 0 0 3640 0 1000 1400 0 1200 800 8040 Subtask 3 3 Preliminary Draft EIS Develop Preliminary EIS Sections including PMX General Sections - Preliminary Draft 0 0 0 0 0 0 8 16 8 0 0 0 8 0 0 0 0 PMX Geology and Soils - Preliminary Draft 0 0 0 8 8 0 2 0 0 0 0 0 3 0 0 0 0 CITY Water Resources Preliminary Draft 16 16 0 8 8 0 0 4 0 0 0 0 0 3 0 0 0 0 PMX Air Quality - Preliminary Draft 0 0 0 0 0 0 4 0 8 16 0 28 3 0 0 0 0 PMX Plants and Animals - Preliminary Draft 0 0 0 8 8 0 2 0 0 0 0 0 3 0 0 0 0 PMX Noise Preliminary Draft 0 0 0 0 0 0 2 0 0 40 0 0 3 0 0 0 0 PMX Hazardous Materials Preliminary Draft 0 0 8 0 0 0 2 0 0 0 0 0 3 0 0 0 0 PMX Land Use Preliminary Draft 0 0 0 0 0 0 8 32 0 0 0 0 3 0 0 0 0 PMX Aesthetics - Preliminary Draft 0 0 0 0 0 0 4 32 0 0 0 0 3 0 0 0 0 PMX Cultural Resources - Preliminary Draft 0 0 0 0 0 0 4 0 0 0 40 0 3 0 0 0 16 16 CITY Transportation - Preliminary Draft 60 60 0 12 0 8 0 6 0 0 0 0 0 3 0 0 0 16 16 32 CITY Public Services and Utilities Preliminary Draft 60 60 0 0 0 0 0 6 0 0 0 0 0 8 0 0 0 0 ALL Review and Comments on Preliminary Draft 16 16 16 48 8 0 0 0 0 12 16 4 4 4 8 24 0 0 0 16 16 32 32 96 ALL Site Visits Meetings and Coordination 16 16 16 48 8 8 8 0 4 8 4 0 0 0 0 0 0 0 0 8 8 8 8 32 0 Subtotal Him 92 108 32 232 16 36 32 24 108 4 72 100 20 60 44 36 70 0 0 0 406 0 0 40 0 40 56 0 0 40 176 Subtotal Cosl $5,980 $7,020 $2,080 $15,080 2,400 5,400 S 4,800 2,160 14,760 260 10,800 12,600 2,000 9,000 6,160 3,780 6,650 0 0 0 51,250 0 0 2800 0 2000 2800 0 0 2000 9600 Subtask 3A Draft EIS Activities PMX Incorporate Comments into Draft EIS 0 0 8 8 8 0 8 16 8 4 4 4 20 0 0 0 0 PMX Prepare Draft EIS 0 0 0 0 0 0 8 12 0 0 0 0 16 0 0 0 0 CITY Joint Legislative (City County) Meeting to confirm Draft EIS 16 8 16 40 10 0 0 0 0 8 4 0 0 0 0 0 0 0 0 16 4 4 8 32 PMX Revise Draft EIS incorprating Legislative Comments 0 0 8 8 8 0 4 8 2 2 2 2 8 0 0 0 0 CITY Public Meeting 8 4 8 20 8 0 0 0 0 8 8 0 0 0 0 0 0 0 0 8 4 4 8 24 ALL Respond to and incorporate Public Comments 8 4 4 16 4 8 8 16 0 20 12 8 4 4 4 16 0 0 0 8 8 ALL Site Visits Meetings and Coordination 8 8 8 24 1 8 8 8 8 4 8 6 0 0 0 0 0 0 0 0 8 8 8 8 32 Subtotal Hours 40 24 36 100 30 32 32 40 134 4 64 66 18 10 10 10 60 0 0 0 242 0 0 40 0 16 16 0 0 24 96 Subtotal Cos $2,600 $1,560 2340 $6,500 4,500 4,800 4 3,600 17,700 260 9 600 8,316 1,800 1,500 1,400 1,050 5,700 0 0 0 29,626 0 0 2800 0 800 800 0 0 1200 5600 Subtask 3 5 Final EIS Activities PMX Prepare final EIS 0 0 0 0 0 0 20 28 16 12 12 12 40 0 0 0 0 CITY Prepare fad sheet 8 16 24 2 0 0 0 0 2 0 0 0 0 0 0 0 0 0 8 8 CITY Submit Final EIS to Agencies and Stakeholders 8 8 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ALL Site Visits Meetings and Coordination 4 4 8 4 0 0 0 4 8 6 0 0 0 0 0 0 0 0 4 4 4 4 16 Subtotal Hrs 12 0 28 40 6 0 0 0 6 4 30 34 16 12 12 12 40 0 0 0 160 0 0 12 0 4 4 0 0 4 24 Subtotal Cos 780 0 $1,820 $2,6 900 900 260 4 500 4,284 1,600 1,800 1,680 1,260 3,800 0 0 0 19,184 0 0 840 0 200 200 0 0 200 1440 Subtask 3 6 Planned Action Ordinance Activities CITY Prepare draft planned action ordinance 8 16 24 0 0 0 0 0 2 0 0 0 0 0 0 0 0 0 16 8 24 PMX Prepare planned action administrative guidance paper 8 16 8 32 0 0 0 0 0 6 0 2 0 0 0 0 0 0 0 8 8 ALL Review and Comments on Draft guidance paper & ordinance 4 4 8 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 8 8 8 8 8 44 ALL Prepare Final Planned Action Ordinance and Administrative Guidance 1 4 4 8 2 0 0 0 0 2 0 2 0 0 0 0 0 0 0 q q ALL Site Visits Meetings and Coordination 4 4 8 4 0 0 0 4 8 0 0 0 0 0 0 0 0 0 4 4 4 4 8 4 28 Subtotal Hrs 28 16 36 80 8 0 0 0 8 4 18 0 4 0 0 0 0 0 0 0 26 0 0 36 0 12 12 12 24 12 108 Subtotal Cosl $1,820 $1,040 $2,340 $5,200 1,200 1.200 260 2 700 400 0 0 0 3,360 0 0 2520 0 600 600 180 2400 600 6900 Total WBS Hours 220 172 196 588 94 84 80 64 322 24 242 242 82 90 84 70 194 0 0 0 932 0 0 192 0 92 116 12 36 96 544 Total WBS Labor Cos $14 300 $11 180 $12 740 $38 220 $14 100 $12 600 $12 000 $5 760 $44460 $1 560 $36300 $30492 $8 200 $13 500 $11 760 $7 350 $18430 $0 $0 $0 $127592 $0 $0 $13440 $0 $4600 $5800 $180 $3 600 $4 800 $32 420 Direct Expenses and Equipment Co $5000 $5000 Total WBS Cost Estimat $3872 - $1 - 4.100 $12,600 $12,000 $5,760 $44.460 $2,668 $47.1281 $1.5 36 300 30 492 8 200 $13 500 $11.760 $7.350 $23,430 $0 0 0 $132 $6,630 $139,22 $32 420 GORST WATERSHED PLAN Task 4- Stormwater Plan WORK BREAKDOWN STRUCTURE AND LABOR BUDGET City PMX SUBS Partners 6% Total Total PM M Eng Sr Plan Subtotal PM Task Leacrech Staf Admm Subtotal ODCs PMX CCS ICF ECON MPC Subtotal 5% Subs WDOE WDFW KC KCHD POB Tribe lust Bren Lockhart WSWC Subtotal Lead Subtask Description $65 $65 $65 $150 $150 $100 $65 $150 $38 $55 $70 $50 $50 $50 $15 $100 $50 41 Existing Conditions and Deficiencies Technical Memorandum Activities CITY Inventory and map Gorst UGA storm system 24 24 0 0 4 0 0 0 0 0 0 CITY Inventory and map (GIS) basin storm system 24 24 0 0 4 0 0 0 0 0 0 CITY Obtain review, summarize Kitsap SSWM outfall complaint, facilities, se 8 24 32 0 0 4 0 0 0 0 0 8 8 PMX Develop list and map of existing storm deficiencies 8 8 16 0 8 16 0 0 0 0 0 8 8 16 PMX Develop draft pnontization criteria 4 8 12 0 8 0 0 0 0 0 0 8 8 16 PMX Draft TM 0 0 16 16 4 0 0 0 0 0 ALL Review and Comment 4 4 8 0 0 0 0 0 0 0 0 4 4 8 PMX Final TM 0 0 4 8 4 0 0 0 0 0 ALL Meetings and Coordination 4 4 4 4 4 0 0 0 0 0 4 4 8 Subtotal Hrs 28 92 0 120 4 40 56 8 0 0 0 0 0 0 0 32 0 0 24 0 0 0 56 Subtotal Cost $1820 $5980 $0 $7800 $600 $6000 $5606 $520 $12 $0 $0 $0 $0 $0 $0 $0 $2 $0 $0 $1200 $0 $0 $0 $3440 Subtask 4 2 COMSOL LID Modeling Activities CITY Develop COMSOL model 4 60 64 0 0 0 0 0 0 0 0 0 CITY Modeling 80 80 0 0 0 0 0 0 0 0 0 CITY Draft Technical Memorandum 40 40 0 0 0 0 0 0 0 0 0 ALL Review and comment on TM 4 0 0 0 0 0 0 0 0 4 CITY Final TM 24 24 0 0 0 0 0 0 0 0 0 ALL Meetings and Coordination 4 4 8 0 0 0 0 0 0 0 0 4 4 8 Subtotal Hrs 12 208 0 216 0 0 0 0 0 0 0 0 0 0 0 8 0 0 4 0 0 0 8 Subtotal Cost $780 $13,520 $0 $14300 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $560 $0 $0 $200 $0 $0 $0 $760 Subtask 4 3 Programmatic Alternatives Technical Memorandum Activities CITY Goals objectives and preliminary policies (LID) 8 16 16 40 2 16 8 0 0 0 0 0 16 8 16 8 40 PMX NPDES Compliance Summary 2 8 10 0 8 8 0 0 0 0 0 0 PMX Stormwater Programmatic Options 4 8 16 28 0 80 24 0 0 0 0 0 16 16 32 8 64 PMX Draft Technical Memorandum 0 0 24 4 4 0 0 0 0 0 ALL Review and comment 4 4 4 12 2 0 0 0 0 0 0 0 4 4 4 8 12 PMX Final TM 0 2 12 8 4 0 0 0 0 0 ALL Meetings and Coordination 4 4 4 12 4 4 4 0 0 0 0 0 4 4 4 4 12 Subtotal Hrs 22 40 40 102 10 144 56 8 0 0 0 0 0 0 0 40 0 0 32 56 0 28 128 Subtotal Cost $1,430 $2 600 $2,600 $6,630 $1 $21 $5,600 $520 $29,220 $0 $0 $0 $0 $0 $0 $0 $2 $0 $0 $1,600 $840 $0 $1 400 $6,640 Subtask 44 Stormwater Plan Activities PMX Draft Plan 0 2 32 60 8 0 0 0 0 0 ALL Review and comment 8 16 4 28 0 0 0 0 0 0 0 0 8 8 8 8 24 PMX Final Plan 0 4 16 16 16 0 0 0 0 0 ALL Meetings and Coordination 4 4 4 12 4 4 4 0 0 0 0 0 4 4 Subtotal Hrs 12 20 8 40 10 52 80 24 0 0 0 0 0 0 0 12 0 0 8 8 0 8 28 Subtotal Cost $780 $1 300 $520 $2600 $1 500 $7,800 $8,000 $1,560 $18 860 $0 $0 $0 $0 $0 $0 $0 $840 $0 $0 $400 $120 $0 $400 $1.760 Total WBS Hours 74 360 48 478 24 236 192 40 492 0 0 0 0 0 0 0 92 0 0 68 64 0 36 220 Total WBS Labor Cost $4 810 $23 400 $3 120 $31 330 $3 600 $35 400 $19 200 $2 600 $60,800 $3,648 $64448 $0 $0 $0 $0 $0 $0 $0 $6,440 $0 $0 $3,400 $960 $0 $1,800 $12 600 Direct Expenses and Equipment Cost Comsol $20 000 $0 Total WBS Cost Estimate $51,3301 $3,600 $35,400 $19,200 $2 $60,800 $3,648 $64,448 $0 $0 $0 $0 $0 1$12600 GORST WATERSHED PLAN Task 5- Capital Improvement and Corrective Action Plan WORK BREAKDOWN STRUCTURE AND LABOR BUDGET City PMX SUBS Partners 6 % Total PM M Engr Sr Plan Subtotal PM cask Lea(rech Staf Admin Subtotal ODCs Total PMX CCS ICF ECON MPC Subtotal 5% Subs WDOE WDFW KC KCHD POB Tribe lust Bren Lockhart WSWC Subtotal Lead Subtask Description $65 $65 $65 $150 $150 $100 $65 $150 $38 $55 $70 $50 $50 $50 $15 $100 $50 51 Storrnwater Corrective Actions Technical Memorandum Activities PMX List and map of stormwater deficiencies 2 2 4 0 4 16 0 0 0 0 0 0 PMX Budget level cost estimates 4 4 0 8 24 0 0 0 0 0 0 PMX Pnontization analysis 8 8 16 0 8 8 0 0 0 0 0 0 PMX Draft TM 0 0 16 16 4 0 0 0 0 0 ALL Review and comment 4 4 8 2 0 0 0 0 0 0 0 4 4 PMX Final TM 0 0 4 8 4 0 0 0 0 0 ALL Meetings and Coordination 4 4 8 4 4 4 0 0 0 0 0 4 4 Subtotal Hrs 18 1 22 1 0 40 6 44 76 8 0 0 0 0 0 0 0 8 0 0 0 0 0 0 8 Subtotal Cost $1 1 1,430 $0 $2600 $900 $6,600 $7,600 $520 $15 $0 $0 $0 $0 $0 $0 $0 $560 $0 $0 $0 $0 $0 $0 $560 Subtask 5 2 Gorst UGA Land Use Plan CIP Activities PMX Transportation CIP 16 16 0 8 0 0 0 0 0 0 0 PMX Water supply LOS assessment 16 16 0 8 24 0 0 0 0 0 0 PMX Sanitary Sewer LOS assessment 8 8 0 8 24 0 0 0 0 0 0 PMX Emergency services LOS assessment 0 0 4 8 0 0 0 0 0 0 PMX Utilities LOS assessment 2 2 0 4 8 0 0 0 0 0 0 PMX Draft Land Use Plan CIP 0 2 40 24 0 0 0 0 0 0 PMX Review and comment 8 8 16 32 2 0 0 0 0 0 0 0 16 16 8 8 8 8 64 PMX Final Land Use Plan CIP 0 2 16 12 0 0 0 0 0 0 PMX Meetings and Coordination 4 4 4 12 4 4 4 0 0 0 0 0 4 4 4 4 16 Subtotal Hrs 54 12 20 86 10 92 104 0 0 0 0 0 0 0 0 20 0 20 12 12 8 8 80 Subtotal Cost $3,510 $780 1 $1 $5 590 $1 500 $13 $10 400 $0 $25,700 $0 $0 $0 $0 $0 $0 $0 $1,400 $0 $1,000 $600 $180 $800 $400 $4 Subtask 53 Landfill Corrective Action Plan Activities PMX Goals, objectives and workplan 8 8 4 4 8 0 0 0 0 0 80 8 88 PMX Site Characterization Summary 4 4 0 2 16 0 0 0 0 0 60 60 PMX Preliminary Alternatives Assessment 16 16 2 4 50 0 0 0 0 0 80 8 88 PMX Agency and Stakeholder Coordination 40 40 8 8 40 0 0 0 0 0 40 40 PMX Draft Engineering Evaluation /Cost Assessment 0 2 8 100 8 0 0 0 0 0 ALL Review and comment 8 8 2 0 0 0 0 0 0 0 8 24 8 8 48 PMX Final Engineering Evaluation /Cost Assessment 0 2 7 39 8 0 0 0 0 0 ALL Meetings and Coordination 12 12 10 10 10 0 0 0 0 0 4 24 8 8 44 Subtotal Hrs 88 0 0 88 30 43 263 16 0 0 0 0 0 0 0 12 308 0 32 0 0 16 368 Subtotal Cost $5,720 1 $0 $0 $5,720 $4 $6,450 $26,300 $1 $38,290 $0 $0 $0 $0 $0 $0 $0 $840 $15400 $0 $1,600 $0 $0 $800 $18640 Subtask 5 4 Fish Passage Barrier Preliminary Engineering Activities PMX Basin -wide bamer inventory and assessment TM 4 4 2 16 24 0 0 0 0 0 8 8 16 PMX Review and comment 4 4 0 0 0 0 0 0 0 0 4 4 8 PMX Draft Preliminary Engineering Report 0 0 8 44 4 0 0 0 0 0 ALL Review and comment 4 4 8 2 0 0 0 0 0 0 0 4 8 8 20 PMX Final Preliminary Engineering Report 0 2 8 16 4 0 0 0 0 0 ALL Meetings and Coordination 4 4 8 4 4 4 0 0 0 0 0 4 4 4 12 Subtotal Hrs 16 1 8 0 24 10 36 88 8 0 0 0 0 0 0 0 8 0 0 24 0 0 24 56 Subtotal Cost $1040 $520 $0 $1 560 $1 500 $5 400 $8 $520 $16,220 $0 $0 $0 $0 $0 $0 $0 $560 $0 $0 $1,200 $0 $0 $1 200 $2 Subtask 55 Summary CIP Activities PMX Draft Plan 8 8 16 0 32 32 8 0 0 0 0 8 8 ALL Review and comment 4 4 4 12 2 0 0 0 0 0 0 0 4 8 12 PMX Final Plan 4 4 8 4 16 16 8 0 0 0 0 4 4 PMX Plan Adoption 8 8 16 4 8 8 2 0 0 0 0 8 8 ALL Meetings and Coordination 4 4 4 12 1 4 4 4 0 0 0 0 0 4 4 Subtotal Hrs 28 20 16 64 14 60 60 18 0 0 0 0 0 0 0 28 0 0 0 0 0 8 36 Subtotal Cost $1,820 1 $1 $1 040 $4,160 $2,100 $9 000 $6,000 $1 170 $18 270 $0 $0 $0 $0 $0 $0 $0 $1 960 $0 $0 $0 $0 $0 $400 $2360 Total WBS Hours 204 1 62 36 302 70 275 591 50 986 0 0 0 0 0 0 0 0 76 308 20 68 12 8 56 548 Total WBS Labor Cost $13 260 $4 030 I $2 340 $19 630 $10 500 $41 250 $59 100 $3 250 $114100 $6 846 $120,946 $0 $0 $0 $0 $0 $0 $0 $0 $0 $5 320 $15 400 $1 000 $3,400 $180 $800 $2 800 $28 900 Direct Expenses and Equipment Cost $0 Total WBS Cost Estimate 1 $19,630 $10 500 $41,250 $59 100 $3 250 $114 100 $6 846 $120 946 $0 $0 $0 $0 $0 $0 $28 900 GORST WATERSHED PLAN Task 6- Outreach and Information Transfer WORK BREAKDOWN STRUCTURE AND LABOR BUDGET City PMX PMX PMX PMX Partners 6% Total Total PM M Eng Sr Plan Subtotal PM Task Lead Tech Staff Admm Subtotal ODCs PMX MPC Subtotal 5% Subs WDOE WDFW KC KCHD POB TRIBE SUST BREM LOCKHART WSWC Subtotal Lead Subtask Description $65 $65 $65 $150 $150 $100 $65 $140 $38 $55 $70 $50 $50 $50 $15 $100 $50 6 1 Develop Communication Strategy TM/Work Plan Activities PMX Develop Communication /Outreach Strategy 4 4 4 12 2 24 4 4 PMX Develop Draft Work Plan 4 4 0 ALL Review and Comment 2 2 2 6 2 2 PMX Develop Final Work Plan 0 0 ALL Meetings and Coordination 4 4 4 12 1 4 4 4 Subtotal Hrs 10 10 14 34 6 0 0 0 24 24 0 0 10 0 0 0 0 0 0 10 Subtotal Cost $650 $650 $910 $2,210 $900 $0 $0 $0 $900 $3,360 $3,360 $0 $0 $700 $0 $0 $0 $0 $0 $0 $700 6 2 Engage Stakeholders Activities PMX Develop Stakeholder Questionaire 4 4 8 8 4 4 8 PMX Analyze Stakeholder Questionaire 8 8 16 8 8 4 12 ALL Stakeholder Meetings (5) 40 20 40 100 40 56 40 40 40 40 40 40 40 40 40 280 CITY Presentation to Suquamish Tribe on Project Approach an 8 4 4 16 4 4 ALL Public Outreach Meetings (4, SEPA, Landuse - 3) 12 32 44 12 16 12 12 12 36 PMX Media Relations and Communication Materials 16 8 8 32 40 8 8 4 4 16 ALL Meetings and Coordination 8 4 8 20 1 8 12 8 8 4 4 4 12 Subtotal Hrs 96 36 104 236 60 0 0 0 140 140 48 56 80 40 40 68 60 40 40 368 Subtotal Cost $6,240 $2,340 $6,760 $15,340 $9,000 $0 $0 $0 $9,000 $19,600 $19 $1,824 $3,080 $5,600 $2,000 $2,000 $3,400 $900 $4,000 $2,000 $24,804 Subtask 6 3 TM Methodology Report Activities CITY Develop Draft Technoloqy Report Sections - Stormwater 8 40 48 40 0 PMX Develop Draft Technoloqy Report Sections- Planned Acti 8 16 40 64 16 0 PMX Develop Draft Technoloqy Report Sections - Habitat Char 8 16 24 16 40 0 ALL Review and Comment 16 8 8 32 8 8 12 4 4 16 8 4 16 64 PMX Develop Final Technology Report 12 8 20 0 ALL Meetings and Coordination 8 8 8 24 6 8 8 4 8 4 8 24 Subtotal Hrs 48 84 80 212 6 0 32 0 0 0 56 56 16 4 4 24 12 4 24 88 Subtotal Cost $3,120 $5,460 $5,200 $13,780 $900 $0 $3,200 $0 $4,100 $0 $0 $2,128 $3,080 $1 $200 $200 $1,200 $180 $400 $1,200 $9,708 Subtask 6 4 Technology Transfer Activities CITY Workshop to Present TM to Agencies /Junsdictions 12 16 16 44 16 16 Presentation to Suquamish Tribe on Protect Outcomes 8 4 4 16 4 4 CITY Present TM to Puget Sound Partnership 12 12 12 36 12 12 PMX Develop On -line Information Repository 4 8 8 20 6 8 8 PMX Develop Public Archive 8 8 6 32 0 ALL Meetings and Coordination 8 8 8 24 1 8 24 8 8 Subtotal Hrs 52 48 48 148 20 0 0 56 0 0 0 0 48 0 0 0 0 0 0 48 Subtotal Cost $3,380 $3,120 $3,120 $9,620 $3,000 $0 $0 $3,640 $6,640 $0 $0 $0 $0 $3,360 $0 $0 $0 $0 $0 $0 $3,360 Total WBS Hours 206 178 246 630 92 0 32 56 180 164 164 104 112 154 44 44 92 72 44 64 514 Total WBS Labor Cost $13,390 $11,570 $15,990 $40,950 $13,800 $0 $3,200 $3,640 $20,640 $1,238 $21,878 $22,960 $22,960 $1,148 $24,108 $3,952 $6,160 $10,780 $2,200 $2,200 $4,600 $1,080 $4,400 $3,200 $38,572 Direct Expenses and Equipment Cos $0 $500 $25 $525 Total WBS Cost Estimate $40 950 $13,800 $0 $3,200 $3,640 $20,640 $1 $21 $23,460 $1 $24,633 $38,572 EXHIBIT C GORST CREEK WATERSHED COMPREHENSIVE PLAN PROJECT SCHED ID 1Task Name 2011 2012 20 N Dec (Jen Feb Men ;Apr May ! Jun Jul Aug Sep I Oct t_Nov Dec_ Jan Feb Mar Apr I May_ Jun _I Jul Aug Sep I Oct Nov ' Dec Jan Feb ' Mar 1 Apr i May Jun Jul Aug 1 WATERSHED C I 2 Inventory Existing Conditions 3 � Calibrate HPSF Model 4 i Sustain Model Baseline _ I 5 j Watershed Analyses i a Watershed Characterization Report 7 LAND USE PLAN 8 Dewlap Project Strategies 9 Land Use Analysis 0 - 16 -1 Economic Assessment 0 l 11 I Land Use Regulations 1 O 12 I Preferred Alternative Plan 0 13 i Adoption Process 14 ENVIRONMENTAL IMPACT STATEMENT (EIS) 15 EIS Initiation El `76 EIS Scopirg 17 I Preliminary Draft EIS I 18 I Draft EIS 0 19 _i Final EIS 0 20 I Planned Action Ordinance 21 1STORMWATER PLAN I 22 1 Existing Conditions Tech Memo Z3 COMSOL LID Modeling 24 Programmatic Alternatives Tech Memo 25 Stormwater Plan i 26 i CAPITAL IMPROVEMENTS PLAN & CORRECTIVE i ACTION PLAN 2 Stara water Corrective Action Tech Memo 28 1 Gorst UGA Land Use CIP 0 29 I Landfill CAP 30 i Fish Passage Barter Engineering Report 0 31 Summary CIP 0 i 32 OUTREACH & INFORMATION TRANSFER 33 Communication Strategy Work Plan 34 Engage Stakeholders 35 Technology Report ' i J 36 Technology Transfer Project Project Schedule -GC Camp P Task Progress Summary ^ External Tasks DeadOne -n Date Fri 10/15/10 Spin Milestone ♦ Project Summary External Milestone Page t DATE SUBMITTED January 19, 2011 AGENDA BILL 6A CITY OF BREMERTON CITY COUNCIL ■■ eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee� SUBJECT: Resolution No 3134 supporting Committee Meeting Date N/A the Francis Haddon Morgan Center and COUNCIL MEETING Date January 19, 2011 asking the State of Washington to continue Department City Council providing the necessary funding to operate Presenter Will Maupin the Frances Haddon Morgan Center Phone (360) 473 -5280 SUMMARY: City Council adopted Resolution No 3110 on February 17, 2010 asking for continued funding of the Frances Haddon Morgan Center by the State of Washington The Frances Haddon Morgan Center (FHMC) has been providing necessary services in the City of Bremerton to severely disabled children, adults and their families since 1972 FHMC is an integral part of the Bremerton community and has participated in and supported many local community activities and events Governor Gregoire has proposed the elimination of funding for FHMC A loss of funding for FHMC would not only impact some for the City of Bremerton's most vulnerable residents, but their caretakers as well The action before City Council is adoption of Resolution No 3134, thereby asking the State of Washington to continue its support of the Frances Haddon Morgan Center rather that eliminating much needed funding ATTACHMENTS: Resolution No 3134 Department of Social & Health Services (DSHS) Program Summary FISCAL IMPACTS (Include Budgeted Amount) N/A APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY 7 FINANCE DIRECTOR MAYOR COMMITTEE CHAIR r COUNCIL PRESIDENT CONSENT AGENDA ❑ GENERAL BUSINESS PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to adopt Resolution No 3134 in support of the Frances Haddon Morgan Center and asking the State of Washington to renew the existing funding necessary to the Frances Haddon Morgan Center to continue providing its essential services COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action RESOLUTION NO. 3134 A RESOLUTION of the City Council of the City of Bremerton, Washington, supporting the Frances Haddon Morgan Center and asking the State of Washington to continue providing the necessary funding to operate the Frances Haddon Morgan Center. WHEREAS, the Frances Haddon Morgan Center has been providing necessary services in the City of Bremerton to severely disabled children and adults and their families since 1972; and WHEREAS, Frances Haddon Morgan Center's services provide a safe and stable environment for the people they assist; and WHEREAS, Frances Haddon Morgan Center is an integral part of the Bremerton Community and has participated in and supported many local community activities and events; and WHEREAS, Governor Gregoire has proposed to eliminate funding for the Frances Haddon Morgan Center; and WHEREAS, a loss of funding for the Frances Haddon Morgan Center would severely impact some of the City of Bremerton's most vulnerable residents; and WHEREAS, because the Frances Haddon Morgan Center currently employs about 150 people, a loss of funding would negatively impact the local economy as well; and WHEREAS, the City Council passed Resolution No. 3110 in 2010 in support of the Frances Haddon Morgan Center; and WHEREAS, the City Council, would like to express its continued support for the Frances Haddon Morgan Center; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: The City Council of the City of Bremerton hereby supports the Frances Haddon Morgan Center and asks the State of Washington to renew the existing funding necessary for the Frances Haddon Morgan Center to continue providing its essential services. PASSED by the City Council of the City of Bremerton, Washington this day of , 2011 1 Frances Haddon Morgan Center WILL MAUPIN, Council President APPROVED AS TO FORM ATTEST: ROGER A. LUBOVICH, City Attorney CAROL ETGEN, City Clerk R \Legal \Legal \Resolutions\Crty CouncilTrances Haddon Morgan Center doc 2 Frances Haddon Morgan Center Divisi6h Developmental Disabilities - Frances Haddon Morgan Center http / /www dshs wa gov /ddd/FHMC shtml Thursday, December 30, 2010 - -� S earch Trm 5' F hingion State Devartment of So cial L Di vision of Developmental Disabilities Aging & Disability Services Administration Developmental Disabilities Home > Services Provided > Frances Haddon Morgan Center Frances Haddon Morgan Center Servi Eligibility & • Services Provided Frances Haddon Morgan Center (FHMC) • Eligibility was established in 1972. It was named to honor the late State Senator Frances • DDD Assessment Haddon Morgan who was a leader and • CMIS Project advocate for children's services, • Waiver Program especially for children with disabilities FHMC was originally opened as a /fir Resource Links children's center supporting children with autism as young as 4 or 5 years old. In the mid 198O's, parents asked for: °' Contact Us FHMC to become a long -term residence Today, the center primarily supports Events & Training about 54 people in long -term residence In addition, over 50 individuals are Rules & Laws supported through an active respite, short -term evaluation and crisis intervention program each year. Counties FHMC is certified to provide services for 56 individuals. At present, 54 people live at FHMC for long -term supports and, at any given time, up to 2 people receive short -term or extended Autism Awareness respite services or evaluations Budget Emergency The majority of people who live at FHMC have a diagnosis of Preparedness autism and most have severe or profound developmental Policy Manual disabilities. Some have significant health concerns that may require specialized health and therapy services Nearly 40% of Privacy Notice the residents have a seizure disorder. All of the residents have Projects speech /language challenges Generally, long -term residents are Publications between the ages of 21 and 38 There are 69% men and 31% Residential Provider women residing at FHMC The average age is about 30 years Resources FHMC is located within the Bremerton city limits Because of its Quality Assurance location, it is part of the local community and participates in as Site Map many community activities and events as possible Residents over 21 have a variety of fobs throughout the local community DDD Home Page and those under 21 attend school at the Bremerton School ESIT District programs. FHMC is partially funded and regulated by the ADSA Internet federal government through the Intermediate Care Facilities for DSHS Internet the Mentally Retarded (ICF /MR) program. Programs and services Mandatory Reporter to enhance individuals' skills and strengths, along with providing active, individualized treatment, are the cornerstones of daily life Training at the center. Search k Contact DSHS Modified April 12, 2006 Last updated. August 17, 2009 Privacy Notice Contact Program I Contact DSHS I Contact Webmaster 1 of 2 12/30/2010 10 01 AM DATE SUBMITTED December 9 1h , 2010 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 7A SUBJECT: Public Hearing on Lease of Committee Meeting Date Jan 12th 2011 Smith School Park to Kitsap Community COUNCIL MEETING Date: Jan 19 ? Resources for Children's Nature Park and Department Parks and Recreation Parking. I 2 Presenter: Wyn Birkenthal Phone- 473 -5752 SUMMARY: Kitsap Community Resources (KCR) operates Head Start and other child development programs at the former Smith School building. This agreement allows KCR to improve, maintain and operate the 1 1 acre adjacent city park property for a children's nature play area. The improved park and play area will be open to for public use with the exception of hours when KCR has a scheduled children's program in the facility. The Park Board reviewed the plans for the proposed nature play area at an advertised public meeting and voted unanimously to recommend the KCR agreement to Council. The proposed lease incorporates and replaces the Smith School Parking lease previously approved by Council on Nov. 9` 2009. ATTACHMENTS: Exhibit "A" Smith Park property description Exhibit `B" Additional parking property description Exhibit " C" Maintenance Responsibilities FISCAL IMPACTS (Include Budgeted Amount): Savings of approximately $2,500 in combined utilities and maintenance labor. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY- FINANCE DIRECTOR- MAYOR- COMMITTEE CHAIR COUNCIL PRESIDENT CONSENT AGENDA ❑ GENERAL BUSINESS ❑ PUBLIC HEARING or RECOMMENDED MOTION: No Action at first Public Hearing on Jan 19` 2010 Motion for second Public Hearing c: 7' I move to authorize the Mayor to enter into the Smith Park nature play area and parking lease with Kitsap Community Resources and execute the agreement with substantially the same terns and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action • � � •fi�i`n tT� a h� s♦ ��'�tit t t s EXHI � �•. '{a0 �, + . y + t-� � �+l ,y -.. � ' - Jf :tie , • <� }, $ +r •• � .. Z i �',� t � �yt�r �i t � v` t f � ''` f 1.. j�� • 4 T a`` � ' n�'..� ` ' i � �4 u n -3� EXH I BIT A lk rl t ° r J p u'y' • 'i � � x :• t t ?" � - - d 7i ,� > 1! �J \iYt � y � � 4 } Ei °•` a. ••� 4 �� - .ry 1��_ a �' Y � �- C`��� 4 .. I � < �a ?( � Q �• _ z) t < i Tar f p d I 104 Ali i r 1 SMITH PLAYFIELD — SITE PLAN Q p 0' 12 6' 26' 60' 100' SCALE 1' =60' -O' LEASE AGREEMENT This Lease is entered into on the date fully executed below by and between THE CITY OF BREMERTON, a municipal corporation of the State of Washington, (hereinafter referred to as "Lessor" or "City "), and KITSAP COMMUNITY RESOURCES, (hereinafter referred to as "Lessee ") RECITALS WHEREAS, the City now owns certain land which Lessee wishes to use for development of a children's nature park, outdoor classroom and additional customer parking WHEREAS, it is the parties' desire to enter into a five (5) year lease with options to extend for use of this property, NOW, THEREFORE, the City and Lessee agree as follows 1. PROPERTY. (a) Property Defined The City leases to Lessee and Lessee leases from the City the real property described in Exhibit A, attached hereto and incorporated herein by this reference, together with all the rights of the City, if any, to improvements on and easements benefiting the property but subject to the exceptions and restrictions set forth in this Lease (hereinafter the "Property") (b) Survey, Maps, and Plans Lessee is not relying upon and the City is not making any representations about any survey, plat, diagram, and/or legal description provided by the City (c) Inspection The City makes no representation regarding the condition of the Property, or the improvements located on the Property 2. USE. (a) Permitted Use /Conditions. Lessee shall have the right to maintain and use the property (described in exhibit "A ") as an outdoor children's park and outdoor classroom and develop the 6,552 sq ft former tennis court area (described in Exhibit `B ") as parking for its business and the children's park The lessee shall obtain required permits and approvals as specified by Public Works, Community Development and other applicable city departments prior to developing \using the additional parking area It is agreed this lease shall not be construed as the City's waiver of land use or building code provisions that would otherwise apply to any use or improvements to the site 1. Lessee is responsible for obtaining all applicable permits required for development of its improvements. LEASE AGREEMENT - 1 Kitsap Community Resources 2 Lessee is solely responsible for the cost of making improvements to the property. 3 Lessee is solely responsible for the cost of utilities and maintenance of the property and shall keep it safe and in good order at all times 4. Leased property shall remain open and available to the general public for use as a children's nature play area, with the exception of those times when a KCR children's program is using all of or a portion of the property for a scheduled program or event In the event that KCR denies public access to Smith Park, for reasons other than maintenance or a scheduled KCR program, the City shall lease to be in default 5 Lessee shall pursue certification of the improvements by the Arbor Day Foundation as a "Nature Explore Classroom" 6 Lessee will adhere to best practices, applicable safety standards and all Federal regulations including ADA in the design and construction of playground improvements 7. Lessee is responsible for trash pickup and the costs of disposal 8 Lessor provides no warranty on the current irrigation system and operation and improvements to the system shall be the responsibility of Lessee 9 Lessee may remove existing landscaping and children's play toys located on the property at its own cost 10 Lessee shall not permit consumption of alcohol or unleashed dogs on the property 11 Lessee shall sign the property in a manner that indicates it is open and available for appropriate public use (b) Restrictions on Use Lessee shall not cause or permit any damage to natural resources on or adjacent to the Property Lessee shall also not cause or permit any filling activity to occur on the Property without required permits This requirement may pertain to moving deposits of rock, earth, ballast, refuse, garbage, waste matter (including chemical, biological or hazardous substances, or toxic wastes), hydrocarbons, any other pollutants, or other matter in or on the Property, except as is permitted herein and performed in the ordinary course of the business of Lessee's use and except as otherwise approved in writing by the City If Lessee fails to comply with all or any of the restrictions on the use of the Property set out in this Subsection 2(b), the City shall notify Lessee and provide Lessee a reasonable deadline to take all steps necessary to remedy the failure If Lessee fails to do so in a timely manner, then the City may take any steps reasonably necessary as determined by the City, to remedy this failure Upon demand by the City, Lessee shall pay all costs of such remedial action, including but not limited to the costs of removing and disposing of any material deposited improperly on the Property This section shall not in any way limit Lessee's liability under Section 8, below. The covenants contained in Section 2(b) shall survive expiration or termination of this Lease. (c) Conformance with Laws Lessee shall, at all times, keep current and comply with all conditions and terms of any permits, licenses, certificates, regulations, ordinances, statutes, and other government rules and regulations regarding its use or occupancy of the Property LEASE AGREEMENT - 2 Kitsap Community Resources (d) Liens and Encumbrances Lessee shall keep the Property free and clear of any liens and encumbrances ansing out of or relating to its use or occupancy of the Property 3. TERM. (a) Term Defined The term of this Lease is five (5) years (the "Term "), beginning on the day of 2010 (the "Commencement Date "), and ending on the day of 2015 (the "Termination Date "), unless terminated sooner under the terms of this Lease. However, Lessee shall have the option to extend the term of this lease for two (2) additional five (5) year terms If Lessee desires to exercise its option to extend the term of this lease pursuant to this section, Lessee shall provide notice to Lessor no later than ninety (90) days prior to the termination of the initial five (5) year term or any subsequent term (b) End of Term Upon the expiration or termination of the Term, as applicable, Lessee shall surrender the Property to the City in the same or better condition as existed on the Commencement Date, reasonable wear and tear excepted. (c) Hold Over. If Lessee remains in possession of the Property after the Termination Date, the occupancy shall not constitute an extension or renewal of the Term The occupancy shall be a month -to -month tenancy, on terms identical to the terms of this Lease, which may be terminated by either party on thirty (30) days written notice The monthly rent during the holdover shall be the same rent which would be due if the Lease were still in effect and all adjustments in rent were made in accordance with its terms If the City provides a notice to vacate the Property in anticipation of the termination of this Lease or at any time after the Termination Date and Lessee fails to do so within the time set forth in the notice, then Lessee shall be a trespasser and shall owe the City all amounts due under applicable law 4. LEASE PAYMENT. (a) During the term of this Lease, Lessee agrees that in exchange for the benefit of this lease and as payment for this lease, the Lessee shall maintain the property commonly known as the Smith School Neighborhood Park (Smith Field) (identified in Exhibit "A ") during the pendency of this lease Maintenance requirements for Smith Field shall be established by the City as identified in Exhibit "C " 5. IMPROVEMENTS. (a) Lessee -Owned Improvements So long as this Lease remains in effect, Lessee shall retain ownership of all Existing Improvements and all authorized improvements it may place on the Property (collectively "Lessee -Owned Improvements ") Lessee -Owned Improvements shall not include any construction, reconstruction, alteration, or addition to the Property by the City (City -Owned Improvements) or any Unauthorized Improvements as defined in Subsection 5(d) below No Lessee -Owned Improvements shall be placed on the Property without the City's prior written consent (b) Construction. Prior to Lessee commencing any construction, alteration, replacement, removal or major repair of any improvements (whether City -Owned or Lessee - Owned), Lessee shall submit to the City plans and specifications which describe the proposed LEASE AGREEMENT - 3 Krtsap Community Resources activity Construction or any alteration shall not commence until the City has approved those plans and specifications in writing and Lessee has obtained a performance and payment bond in an amount equal to 100% of the estimated cost of construction The performance and payment bond shall be maintained until the costs of construction, including all laborers and material persons, have been paid in full The City shall have thirty (30) days in which to review the proposed plans and specifications. The plans and specifications shall be deemed approved and the requirement for the City's written consent shall be treated as waived, unless the City notifies Lessee otherwise within the thirty (30) days Upon completion of construction or alteration, Lessee shall promptly provide the City with as -built plans and specifications The City's consent and approval shall not be required for any routine maintenance or repair of improvements made by the Lessee pursuant to its obligation to maintain the Property in good order and repair that does not result in the construction, alteration, replacement, removal, or major repair of any improvements on the Property The provisions of this section do not obviate any permit requirements that may apply to the proposed activity (c) Removal Unless otherwise agreed by the City in writing, Lessee -Owned Improvements shall not be removed by Lessee during the Lease term or upon expiration or termination of this Lease and upon expiration or termination of this Lease, shall become the property of the City without payment by the City. (d) Unauthorized Improvements Improvements made on the Property without the City's prior consent pursuant to Subsection 5(b) or which are not in conformance with the plans submitted to and approved by the City ( "Unauthorized Improvements ") shall immediately become the property of the City, unless the City elects otherwise Regardless of ownership of Unauthorized Improvements, the City may, at its option, require Lessee to sever, remove, and dispose of them, charge Lessee rent for the use of them, or both If Lessee fails to remove an Unauthorized Improvement upon request, the City may remove it and charge Lessee for the cost of removal and disposal (e) Liens. Lessee shall keep the Property and Lessee's leasehold interest free from any liens arising out of any work performed, materials fi=shed, or obligations incurred by Lessee 6. HAZARDOUS SUBSTANCES. Lessee shall not generate, release, spill, store, deposit, transport, or dispose of (collectively "Release ") any hazardous substances, sewage, petroleum products, hydrocarbons, radioactive substances, medicinal, bacteriological, or disease - producing substances, hazardous materials, toxic substances or any pollutants or substances defined as hazardous or toxic in accordance with applicable federal, state, and local laws and regulations ( "Hazardous Substances ") in, on or about the Property Lessee shall indemnify, defend and hold Lessor harmless from any and all claims, liabilities, losses, damages, cleanup costs, response costs, and expenses (including reasonable attorneys' fees) arising out of or in any way related to the Release by Lessee, or any of its agents, representatives, or employees, or the presence of such Hazardous Substances in, on or about the Property occurring at any time after the Commencement Date and arising out of the activities of Lessee, or any of its agents, representatives or employees The provisions of this paragraph shall survive termination or expiration of this Lease LEASE AGREEMENT - 4 Kitsap Community Resources 7. ASSIGNMENT AND SUBLETTING. (a) City Consent Required. Lessee shall not sell, convey, mortgage, assign, pledge, sublet, or otherwise transfer or encumber all or any part of Lessee's interest in this Lease or the Property without the City's prior written consent, which may not be unreasonably withheld by the City 8. INDEMNITY. (a) The City shall not be liable for any injury to any person or for any loss of or damage to any property (including property of Lessee) occurring in or about the leased Property and caused by or resulting from any act or omission by Lessee any officer, agent, employee, guest, invitee, or visitor of Lessee, and, during the full term hereof, Lessee agrees and covenants to indemnify, defend, and hold harmless the City and those persons who were, now are, or shall be duly elected or appointed officials or members or employees or agents thereof, against and from any loss, damage, costs, charge, expense, liability, claim, demand, or judgments of whatsoever kind or nature whether to persons or property, to the extent arising on said Property or on any areas adjoining the same, which is under the control or use of Lessee pursuant to this lease and arising out of or in connection with Lessee's use and occupancy of said Property. The foregoing provision shall not be construed to make Lessee responsible for injuries to third parties caused by the negligence of Lessor or any officer, agent, employee, guest, invitee or visitor of Lessor (b) Should a court of competent jurisdiction determine that this Lease 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 Lessee and the City, its officers, officials, employees, and volunteers, the Lessee's liability hereunder shall be only to the extent of the Lessee's negligence IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE LESSEE'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51, RCW SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION This waiver has been mutually negotiated by the parties. The provisions of Section 8 shall survive the expiration or termination of this Lease 9. INSURANCE. (a) General Commercial Liability Insurance Lessee, at its own expense, shall provide and keep in force with companies acceptable to Lessor comprehensive general liability insurance in the amount of not less than One Million Dollars ($1,000,000.00) per occurrence for bodily injury and property damage Lessee shall furnish Lessor with a certificate of such policy within thirty (30) days of the Commencement Date of this Lease and whenever required shall satisfy Lessor that such policy is in full force and effect Such policy shall name Lessor as an additional insured and shall be primary and noncontributing with any insurance carried by Lessor The policy shall further provide that it shall not be canceled or altered without twenty (20) days prior written notice to Lessor LEASE AGREEMENT - 5 Krtsap Community Resources (b) Certificate of Insurance. Lessee shall provide to the City documentary evidence, certified by the insurer, of all insurance(s) required in this Lease. (c) Subrogation The City shall not be liable to Lessee (by way of subrogation or otherwise) or to any insurance company insuring the other party for any loss or damage to any building, structure, or other tangible property, or any resulting loss of income, or losses under worker's compensation laws and benefits, if any such loss or damage is covered by insurance benefiting the party suffering such loss or damage or was required to be covered by insurance pursuant to this Lease Lessee shall, upon obtaining the policies of insurance required give notice to the insurance carrier or carriers that the foregoing mutual waiver of subrogation is contained in this Lease 10. MAINTENANCE AND REPAIR. (a) The City's Repairs The City shall not be required to make any alterations, maintenance, replacements, or repairs in, on, or about the Property, or any part thereof, during the Term. (b) Lessee's Repairs, Alteration, Maintenance and Replacement. (i) Lessee shall, at its sole cost and expense, keep and maintain the Property and all improvements in good order and repair, in a clean, attractive, and safe condition including maintenance of the parking area, signage, striping and sweeping (u) Lessee shall, at its sole cost and expense, make any and all additions, repairs, alterations, maintenance, replacements, or changes to the Property or to any improvements on the Property which may be required by any public authority (iii) All additions, repairs, alterations, replacements or changes to the Property and to any improvements on the Property shall be made in accordance with, and ownership shall be governed by, Section 7, above 11. DAMAGE OR DESTRUCTION. (a) In the event of any damage to or destruction of the Property or any improvements, Lessee shall promptly give written notice to the City (b) Unless this Lease is terminated, there shall be no abatement or reduction in rent due to any damage or destruction of the Property 12. DEFAULT AND REMEDIES. (a) Acts Constituting Default. Lessee shall be in default of this Lease on the occurrence of any of the following (i) Failure to meet the obligations determined to as payment for this lease or other expenses when due; (ii) Failure to comply with any law, regulation, policy, or order of any lawful governmental authority, (iii) Failure to comply with any other provision of this Lease; (iv) Failure to cure a default pursuant to Section 12(b) below, (v) Lessee vacates or abandons the Property, LEASE AGREEMENT - 6 Kitsap Community Resources (vi) Failure to comply with the terms of the Right -of -Way permit set forth in Exhibit B, or (vii) Proceedings are commenced by or against Lessee under any bankruptcy act or for the appointment of a trustee or receiver of Lessees' property (b) Failure to Cure A default shall become an event of default ( "Event of Default ") if Lessee fails to cure the default within thirty (30) days after the City provides Lessee with written notice of default, which specifies the nature of the default Notice of default is not required in the case Lessee vacates or abandons the Property 13. REMEDIES ON DEFAULT. (a) Termination and Re- entry. In the event of any default or breach by Lessee, Lessor may, at any time thereafter with or without notice, terminate this Lease by written notice to Lessee and the Lessor shall have the right to enter upon the Property and re -take possession thereof (b) Removal of Personal Property. In the event of a retaking of possession of the Property by Lessor, Lessee shall remove all personal property located thereon and upon failure to do so upon demand of Lessor, Lessor may remove and store the same in any place selected by Lessor, including but not limited to a public warehouse, at the expense and risk of Lessee. If Lessee shall fail to pay the cost of storing any such property after it has been stored for a period of thirty (30) days or more, Lessor may sell any or all of such property at a public or private sale and shall apply the proceeds of such sale first to the cost of such sale, secondly to the payment of the charges for storage, if any, and thirdly to the payment of any other sums of money which may be due from Lessee to Lessor under the terms of this Lease, and the balance, if any, to Lessee Lessee hereby waives all claims for damages that may be caused by Lessor's lawfully reentering and taking possession of the Property or lawfully removing and storing the property of Lessee as herein provided and will save Lessor harmless from loss or damages occasioned by Lessor thereby, whether such lawful reentry shall be considered or construed to be a forcible entry (c) Remedies Cumulative. The remedies hereinafter described shall be cumulative and Lessor shall be entitled to pursue any other remedy now or hereafter available to Lessor under the law or judicial decisions of the State of Washington 14. ENTRY BY LESSOR. The City shall have the right to enter the Property at any time to inspect for compliance with the terms of this Lease The City and/or City's agents shall comply with all of Lessee's work safety rules and restrictions, including but not limited to following Lessee's warning instructions and, without prior approval of the Lessee, keep out of restricted areas of the Property due to pesticide, fertilizer, and other chemical and hazardous substance exposures on the Property 15. NOTICE. Any notices required or permitted under this Lease may be personally delivered, delivered by facsimile machine, or mailed by certified mail, return receipt requested, to the following addresses or to such other places as the parties may direct in writing from time to time. LEASE AGREEMENT - 7 Kitsap Community Resources Lessor- Director of Parks and Recreation City of Bremerton 345 Sixth Street, Suite 600 Bremerton, Washington 98337 Lessee Krtsap Community Resources A notice shall be deemed given and delivered upon personal delivery, upon receipt of a confirmation report if delivered by facsimile machine, or three (3) days after being mailed as set forth above, whichever is applicable 16. GENERAL PROVISIONS. Lessor and Lessee agree to the following general provisions (a) Authority Lessee and the person or persons executing this Lease on behalf of Lessee represent that Lessee is qualified to do business in the State of Washington, that Lessee has full right and authority to enter into this Lease, and that each and every person signing on behalf of Lessee is authorized to do so (b) Successors and Assigns The covenants and conditions herein contained, subject to the provisions as to assignment, apply to bind the heirs, successors, executors, administrators, and assigns of the parties hereto (c) Entire Agreement This Lease, including the exhibits and addenda, if any, contains the entire agreement of the parties All prior and contemporaneous agreements, promises, representations, and statements relating to this transaction or to the Property, if any, are merged into this Lease (d) Modification. No provision of this Lease may be amended or added to except by agreement in writing signed by the parties hereto or their respective successors in interest The City shall not be bound by any oral representations or statements (e) Cumulative Remedies The rights and remedies of the City under this Lease are cumulative and in addition to all other rights and remedies afforded to the City by law or equity or otherwise (f) Time is of the Essence. Time is of the essence of this Lease and each and all of its provisions in which performance is a factor (g) Severability. Any provisions of this Lease which shall prove to be invalid, void, or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provision shall remain in full force and effect (h) Applicable Law and Venue This Lease shall be interpreted and construed in accordance with the laws of the State of Washington Any reference to a statute shall mean that statute as presently enacted or hereafter amended or superseded Venue for any LEASE AGREEMENT - 8 Kitsap Community Resources action ansmg out of or in connection with this Lease shall be in the Superior Court for Krtsap County, Washington (i) Waiver No waiver of default by either party of any of the terns, covenants and conditions hereof to be performed, kept and observed by the other party shall be construed as, or operate as, a waiver of any subsequent default of any of the terms, covenants and conditions herein contained, to be performed, kept and observed by the other party (k) Survival of Covenants The covenants contained herein survive the termination or expiration of the Lease for the applicable statute of limitation periods (1) Quiet Enjoyment The City covenants and agrees that Lessee, upon performing the terms and conditions of the Lease, may peacefully hold and enjoy the Property during said term without any interruption by the City, its successors or assigns City will use its best efforts not to interfere with Lessee's business or right of access to and from the Property during the term of this Lease (m) Recording of Short Form Lease. Neither the City nor Lessee may record this Lease without the other's prior approval, but the parties will at any time at the request of either party promptly execute duplicate originals of an instrument, in recordable form, which will constitute a short form of this Lease, setting forth a description of the Property, the terms of this Lease and other provisions hereof, except the rental and other provisions as either party may request, which may be recorded (n) Paragraph Headings. The paragraph or section headings of this Lease are not a part of this Lease and shall have no effect upon the construction or interpretation of any part hereof (o) Duplicate Originals This Lease Agreement may be executed in duplicate originals IN WITNESS WHEREOF, the parties hereto have executed this Lease on the date of the last signature below CITY OF BREMERTON KITSAP COMMUNITY RESOURCES By Patty Lent By Its Mayor Its Date Date APPROVED AS TO FORM Roger A Lubovich, City Attorney LEASE AGREEMENT - 9 Kitsap Community Resources STATE OF WASHINGTON ) COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that Patty Lent is the person who appeared before me, and acknowledged that he signed this instrument, on oath stated that she 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 , 2010. 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 the Kitsap Community Resources to be the free and voluntary act of said corporation for the uses and purposes mentioned in the instrument. WITNESSETH my hand and seal this day of , 2010 NOTARY PUBLIC in and for the State of Washington, residing at My commission expires R \Legal\L egal \Contracts\PARKS\KCCR- SmrthField doc LEASE AGREEMENT - 10 Kitsap Community Resources Exhibit "A" Description for Smith School Park (City of Bremerton) Lot 7, Tract 1 of the Plat of Warren Smith's Acre Tracts as recorded in Volume 2 of the book of plats, Page 51, records of Kitsap County, Washington and Lots 1 and 8, Block 5 of the Plat of Central Addition to the City of Bremerton as recorded in Volume 3 of plats, Page 103, records of Kitsap County, Washington, situate in the southeast quarter of the northeast quarter of Section 14, Township 24 North, Range 1 East, W M , Kitsap County, Washington, lying northerly of the following described line, Beginning at the southwest corner of said Lot 8, also being the easterly right of way of Elizabeth Avenue, thence along said easterly right of way, N 1 0 0010" E 9 63 feet to the True Point of Beginning, thence leaving said easterly right of way, S 88 0 25'44" E 282 30 feet to the westerly right of way of Park Avenue and the terminus Together with the vacated alleys as recorded in Auditor's File Number 3246389, records of Kitsap County, Washington, lying adjacent to the above described parcel Legal Description for Parking Lease — Smith School Exhibit 6 The North 93 6 feet of the East 70 feet of Lot 7, Tract 1 of the Plat of Warren Smith's Acre Tracts as recorded in Volume 2 of the book of plats, Page 51, records of Kitsap County, Washington, situate in the southeast quarter of the northeast quarter of Section 14, Township 24 North, Range 1 East, W M , Kitsap County, Washington Consisting of 6,552 square feet. Legal Description for Parking Lease — Smith School Exhibit "C" Smith Playfield Maintenance Responsibilities 1) Litter control and disposal 2) Mowing and trimming 3) Irrigation system adjustment and repair 4) Removal of leaves and windblown debris 5) Maintenance and repair of play structures, toys, water features etc. 6) Routine safety inspection of play equipment, toys and structures 7) Pruning, replacement and care of shrubs, trees, planting beds 8) Maintenance and repair of concrete, asphalt and gravel pathways