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HomeMy WebLinkAbout01/23/2013 AGENDA a f e g( r S r CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 C Phone (360) 473 -5280 JANUARY 23, 2013 CITY COUNCIL STUDY SESSION 5:00 PM — STUDY SESSION in COUNCIL CONFERENCE ROOM 603 The Study Session is open to the public but there will be no opportunities for input or participation, no action is anticipated during the Study Session; and the content of these items is subject to change. If approved by Council, the items will be placed on the February 6, 2013 Council Meeting Agenda: A. BRIEFING 1. Update on Gold Mountain Golf Complex by Columbia Hospitality (Information only... ) B. NO PRESENTATION PLANNED - The following items are budgeted items or have been reviewed by the appropriate Council Committee... 2. Renewal of Excess Liability Insurance with IRONSHORE SPECIALTY INSURANCE, Excess Workers' Compensation Insurance with SAFETY NATIONAL INSURANCE COMPANY, and Crime Insurance with GREAT AMERICAN INSURANCE as bound for 2013 for the City of Bremerton 3. Approval of Upgrade to the City's Financial Management Software; and Amendments to Contract with SUNGARD - PENTAMATION 4. Sole Source Purchase of five (5) 8 -inch "FMC Chiksan Swivel Joints" for Digester #1 from COLE INDUSTRIAL for Upgrades to the Westside Wastewater Treatment Plant 5. Sole Source Purchase of two (2) Skid Mounted Digester Gas Compressors from NASH for the Wastewater Treatment Plant Digester #1 and #2 6. Amendment No. 1 to the Professional Services Agreement with EXELTECH CONSULTING for the "Anderson Cove LID" Project 7. Agreement with PARAMETRIX, INC. for "Pacific Avenue Final Design" Project 8. Proposed Public Hearing and Release of Easement for HIGHMARK HOMES LLC 9. Bid Award for Services Agreement to MERCHANT PATROL SECURITY for Security Services and Patrols C. FULL DISCUSSION ITEMS 10. Purchase of Sensus Water Meter Transceiver Units (MXU's) from FERGUSON WATERWORKS D. GENERAL COUNCIL BUSINESS E. ADJOURN STUDY SESSION ® Americans with Disabilities Act 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. a -s COLUMBIA �) HOSPITALITY,. OVERVIEW Columbia Hospitality, Inc. (Columbia), a Seattle -based hospitality management and consulting firm, was founded in 1995 by John Oppenheimer. Columbia's growing portfolio of premier properties, including the award - winning boutique hotels of the Columbia Collection, conference centers, and distinctive venues offer world -class service in _ memorable destinations. Columbia inspires and empowers it's team to create exceptional experiences for guests and phenomenal results for property owners. The company's continued success has led to an international expansion of the consulting division and more than 100 hospitality projects worldwide. FOUNDED: 1995 CORPORATE HEADQUARTERS: Seattle, Washington KEY INDIVIDUALS • John Oppenheimer, CEO • Julie Meschke, Vice President of Human Resources • Bret Matteson, President • Jolene DiSalvo, Vice President of Marketing • Lenny Zilz, Vice President of Operations • Katie Knoll, Corporate Director of Sales • Peter Beck, Vice President and Chief Financial Officer • Sarah Watrous, Marketing Manager • Shannon Olsen, Communications Manager EXPERTISE • Hotel Management • Conference Center Management • Asset Management • Receiverships • Hotel Consulting • Public Assembly Facility Consulting • CH International, global consulting and management MANAGED PROPERTIES Columbia Collection: Boutique hotels offering exceptional experiences in unique destinations. • Cave B Inn & Spa (Quincy, WA) • Friday Harbor House on San Juan Island (Friday Harbor, WA) • Kenwood Inn and Spa, located in Sonoma's Valley of the Moon (Kenwood, CA) • Knob Hill Inn (Sun Valley, ID) • Rainbow Ranch Lodge (Gallatin Gateway, MT) • Salish Lodge & Spa (Snoqualmie, WA) • The Inn at Langley on Whidbey Island (Langley, WA) • The Lake House at Chelan (Chelan, WA) Hotels • Baroness Hotel (Seattle, WA) • Best Western Rocky Mountain Lodge (Whitefish, MT) • Holiday Inn Everett (Everett, WA) • The Inn at Virginia Mason (Seattle, WA) Conference Centers • Bell Harbor International Conference Center (Seattle, WA) • Kitsap Conference Center at Bremerton Harborside (Bremerton, WA) • Talaris Conference Center (Seattle, WA) Distinctive Venues • Gold Mountain Golf Club (Bremerton, WA) • Harborside Fountain Park (Bremerton, WA) • Maritime Event Center (Seattle, WA) • Smith Cove Event Center (Seattle, WA) • World Trade Center Seattle (Seattle, WA) RECENT RECOGNITION • Travel + Leisure's esteemed Top 500 Hotels in the World list: ■ Salish Lodge & Spa, 2013 • Conde Nast Traveler's prestigious Readers' Choice Awards: • The Inn at Langley, Top 10 Resorts in the Pacific Northwest, 2012 • Cave B Inn & Spa, Top 10 Resorts in the Pacific Northwest, 2012 • Kenwood Inn and Spa, Top 35 Hotels in Northern California, 2012 • Salish Lodge & Spa, Top 20 Hotels in the Pacific Northwest, 2012 • Conde Nast Traveler' Reader's Spa Poll: ■ Kenwood Inn and Spa Top 100 Resort Spas -U.S. Mainland, 2012 • Conde Nast Traveler' Top 270 Spas in the World list: ■ Salish Lodge & Spa, 2012 • Conde Nast Traveler' prestigious Gold List: ■ Salish Lodge & Spa, 2001 - present • Puget Sound Business Journal, Washington's Best Workplaces, 2007 - present • NWJobs.com, 2010 People's Pick - Favorite Hospitality Company • Seattle Business Magazine: ■ 100 Best Companies to work for 2012 ■ 2011 Washington Green 50 list • Evening Magazine Best of Northwest Escapes: ■ Salish Lodge & Spa `Best Romantic Hotel," 2008 - present • Successful Meetings magazine, 2011 Pinnacle Award: • Bell Harbor International Conference Center (five -time winner) • Kitsap Conference Center at Bremerton Harborside • Talaris Conference Center CONTACT INFORMATION MEDIA CONTACT Columbia Hospitality Hamilton McCulloh 2223 Alaskan Way, Suite 200 Erin Osborne Seattle, Washington 98121 Green Rubino for Columbia Hospitality t 206- 239 -1800 1 f 206 - 239 -1801 t 206- 447 -4747 info @columbiahospitality.com I columbiahospitality.com colutnbiahospitality @greenrubino.com ______________________________________________________________ CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 Phone (360) 473-5280 JANUARY 23, 2013 CITY COUNCIL STUDY SESSION 5:00 PM – STUDY SESSION in COUNCIL CONFERENCE ROOM 603 The Study Session is open to the public but there will be no opportunities for input or participation; no action is anticipated during the Study Session; and the content of these items is subject to change. If approved by Council, the items will be placed on the February 6, 2013 Council Meeting Agenda: A. BRIEFING 1. Update on Gold Mountain Golf Complex by Columbia Hospitality (Information only…) B. NO PRESENTATION PLANNED - The following items are budgeted items or have been reviewed by the appropriate Council Committee… 2. Renewal of Excess Liability Insurance with IRONSHORE SPECIALTY INSURANCE, Excess Workers’ Compensation Insurance with SAFETY NATIONAL INSURANCE COMPANY, and Crime Insurance with GREAT AMERICAN INSURANCE as bound for 2013 for the City of Bremerton 3. Approval of Upgrade to the City’s Financial Management Software; and Amendments to Contract with SUNGARD-PENTAMATION 4. Sole Source Purchase of five (5) 8-inch “FMC Chiksan Swivel Joints” for Digester #1 from COLE INDUSTRIAL for Upgrades to the Westside Wastewater Treatment Plant 5. Sole Source Purchase of two (2) Skid Mounted Digester Gas Compressors from NASH for the Wastewater Treatment Plant Digester #1 and #2 6. Amendment No. 1 to the Professional Services Agreement with EXELTECH CONSULTING for the “Anderson Cove LID” Project 7. Agreement with PARAMETRIX, INC. for “Pacific Avenue Final Design” Project 8. Proposed Public Hearing and Release of Easement for HIGHMARK HOMES LLC 9. Bid Award for Services Agreement to MERCHANT PATROL SECURITY for Security Services and Patrols C. FULL DISCUSSION ITEMS 10. Purchase of Sensus Water Meter Transceiver Units (MXU’s) from FERGUSON W ATERWORKS D. GENERAL COUNCIL BUSINESS E. ADJOURN STUDY SESSION Americans with Disabilities Act 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. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: 2013 Excess Liability, Excess Workers’ Compensation and Crime insurance Study Session Date: 1/23/13 COUNCIL MEETING Date: 2/6/13 Department: City Attorney’s Office Presenter: Thelma Swem Phone: 473-5302 SUMMARY: The Bremerton Municipal Code authorizes the Risk Management Specialist, with the approval of the City Attorney, to bind insurance and then requires City Council approval for continuation of the bound coverage. Excess liability coverage has been bound with Ironshore Specialty Insurance Company at an annual cost of $148,989.43 (including tax and fee). Excess workers’ compensation insurance has been bound with Safety National Insurance Company for a deposit premium of $50,064. Crime insurance has been bound with Great American Insurance for $4,973 per year. Excess liability and workers’ compensation self-insured retentions have been increased to $500,000 and excess liability limits have been increased from $5,000,000 to $10,000,000. ATTACHMENTS: Insurance Order to Bind FISCAL IMPACTS (Include Budgeted Amount): Adequate funds for these insurance renewals are available in the Risk Management Fund. STUDY SESSION AGENDA: ☒ No Discussion ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the excess liability, excess workers’ compensation and crime insurance as bound for 2013 for the City of Bremerton. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Upgrade to the City’s Financial Management Software Study Session Date: 1/23/2013 COUNCIL MEETING Date: 2/7/2013 Department: Financial Services Presenter: Becky Hasart Phone: 473-5722 SUMMARY: The Financial Management system currently in use by the City of Bremerton has been in place since 2006. Upgrading this software to the latest release will allow for staff to operate with more efficiency by taking advantage of the current technology. It will also allow the City to take advantage of the improvements to software functionally accumulated over the past 6 years. In addition to upgrading our existing software, Financial Services is adding a Work Flow module that will help the City move to a more paperless environment as well as upgrading the Cognos report writing system to improve its security presence and functionality. Since this product is on annual maintenance, there aren’t any software licensing costs associated with upgrading the baseline system to the latest version. The two quotes cover the ancillary costs associated with performing this major software upgrade as well as the costs associated with bringing in the Workflow module and the CognosWeb report writing module. ATTACHMENTS: Quote #1 Sungard Public Sector Add-on quote for migration costs. Quote #2 Sungard Public Sector Add-on quote for Plus product add-ons. Original contract (3/01-MA023 dated June 28,2001) between Sungard-Pentamation and the City of Bremerton. FISCAL IMPACTS (Include Budgeted Amount): The total cost of these 2 quotes is $51,389.00 and is included in the Information Technology 2013 budget. STUDY SESSION AGENDA: ☒ No Discussion ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to accept Sungard quote #1 in the amount of $22,764.00 and to accept Sungard quote #2 in the amount of $28,625.00 and approve amendments to the contract dated June 21, 2001 between the City of Bremerton and Sungard-Pentamation and authorize the Mayor to finalize and execute the amendments with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Purchase of five (5) 8” “FMC Chiksan Swivel Joints” for Digester #1 from Cole Industrial. Study Session Date: January 23, 2013 COUNCIL MEETING Date: February 6, 2013 Department: PW&U/WWTP Presenter: Pat Coxon Phone: 473-5448 SUMMARY: We are performing upgrades to the Westside WWTP Digester #1 this year. The gas dome to Digester #1 is a floating cover; all of the solids and gas piping that feed and discharge from this cover have “FMC Chiksan Swivel Joints” that need to be replaced as part of the upgrade. These are OEM swivel joints, which are specific to each of our two digesters and are only manufactured by FMC for this application. ATTACHMENTS: 1. Proposal from Cole Industrial 2. Sole Source Memo 3. Pictures of existing “FMC Chicksan Swivel Joints” FISCAL IMPACTS (Include Budgeted Amount): The cost for the purchase of five (5) “ FMC Chiksan Swivel Joints” is $28,000, (includes tax & freight) and is budgeted through the 2013 PS/WWTP Misc. Capital Budget of $650,000. 594.35325-5364 STUDY SESSION AGENDA: ☒ No Discussion ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the purchase of five (5) “FMC Chiksan Swivel Joints” for the Digester #1 Upgrade for $28,000 including tax & freight from Cole Industrial, 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 Form Updated 11/02/12 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Purchase of two Skid Mounted Digester Gas Compressors for the WWTP Digester #1 and #2. Study Session Date: January 23, 2013 COUNCIL MEETING Date: February 6, 2013 Department: PW&U Presenter: Pat Coxon Phone: 473-5448 SUMMARY: The existing digester gas compressors have reached the end of their life and are not supported by the vendor any longer. The compressors are a critical piece of equipment that compresses the methane gas that is produced from the WWTP digester systems. The gas is used for the heating and mixing of the digesters as well as the buildings throughout the treatment plant. The new digester gas compressors are close coupled and are more energy efficient than our existing gas compressors. This is a sole source purchase. ATTACHMENTS: 1. Digester Gas Compressor Proposal 2. Sole Source Memo FISCAL IMPACTS (Include Budgeted Amount): Cost of each compressor package is $14,200. Total cost including tax and shipping will be $28,400. This is budgeted through the WWTP/PS Capital Budget of $650,000. BARS#594.35325 STUDY SESSION AGENDA: ☒ No Discussion ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve purchase of two (2) Skid Mounted Digester Gas Compressors for the WWTP Digester #1 and #2 for $28,400.00, including sales tax and shipping. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 Public Works and Utilities Department 100 Oyster Bay Ave. N.  Bremerton, WA 98312  (360) 473-5315  FAX (360) 473-5360   MEMORANDUM DATE: January 8, 2013 TO: City Council FROM: Chal Martin, Public Works Director SUBJECT: Sole Source Determination - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - The City of Bremerton WWTP Division proposes to purchase two skid mounted anaerobic digester gas compressors, manufactured by NASH. These will replace the existing skid mounted NASH gas compressors. Pursuant to BMC 2.76.090 (sole sourcing), the request for bids requirement “may be waived by written determination by the Director that either the materials, supplies, equipment or services are clearly limited to a single source of supply, or that materials, supplies, equipment or services are subject to special market conditions, involve special facilities or services, or that a bid would not be practical or in the City’s best interests under the circumstances, in which instances the purchase price may be best established by direct negotiation.” The direct purchase from NASH without going out to bid is based on space limitations that the sewer treatment plant has in both digester gas compressor rooms, as well as the type of gas that is being compressed. It is not feasible to reconfigure the room to allow another style or type of compressor, due to space limitations imposed by the configuration of the existing digester gas manifold and piping. Additionally, due to the corrosive nature of the methane gas and its chemical constituents, compressors must be certified to meet and/or exceed all mechanical and safety requirements in the compression of the digester gas. When all of the above constraints are considered, and after considering the cost of reconfiguring the manifold and piping system, that sole source negotiated- price procurement of NASH digester gas compressors is in the best interest of the City. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Amendment No. 1 to Professional Services Agreement with Exeltech Consulting for Anderson Cove LID. Study Session Date: January 23, 2013 COUNCIL MEETING Date: February 6, 2013 Department: PW &U Engineering Presenter: Gunnar Fridriksson Phone: 473-2354 SUMMARY: The City executed an initial contract with Exeltech to evaluate the Anderson Cove site. The evaluation has been completed and proposed site improvements have been coordinated with the funding agency, the Department of Ecology (DOE). Staff recommends retaining this consultant for preparation of a set of plans and specifications and construction management services. The requested action is approval of Amendment No. 1 to the Professional Services Agreement with Exeltech for $80,008.05. This will bring total contract cost to $104,917.60. ATTACHMENTS: 1. Amendment No. 1 2. Scope of Services 3. Summary of Cost 4. Concept Drawings FISCAL IMPACTS (Include Budgeted Amount): Funding for the consultant is by the Department of Ecology (DOE) Grant, which requires no local match. STUDY SESSION AGENDA: ☒ No Discussion ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve Amendment No. 1 to the agreement with Exeltech Consulting 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 Form Updated 11/02/12 CONTRACT MODIFICATION 1 Project Number: 827 CONTRACT MODIFICATION AGREEMENT NO. __1__ BETWEEN THE CITY OF BREMERTON AND EXELTECH CONSULTING, INC. PROJECT Anderson Cove Low Impact Development CONSULTANT Exeltech Consulting, Inc. DATE January 11, 2013 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE PROFESSIONAL SERVICES AGREEMENT (the "Contract") entered into between the City of Bremerton and Exeltech Consulting, Inc. on October 1, 2012. All provisions in the Contract shall remain in full force and effe ct except as expressly modified by this document. For valuable consideration and by mutual consent of the parties, the modifications to the Contract are as follows: I. Section I. Scope , is modified as follows: See Amended Scope of Work attached as Exhibit A-1. Section II. Term , is modified as follows: The Consultant shall complete the work described in this Contract Modification Agreement by May 1, 2013. Section III. Compensation , is modified as follows: The original contract amount was Twenty Four Thousand, Nine Hundred and Nine Dollars and Fifty Five Cents ($24,909.55). The City shall pay the Consultant for the additional work described above, based on time and materials, an amount not to exceed Eighty Thousand and Eight Dollars and Five Cents ($80,008.05) for a total amended contract amount of One Hundred and Four Thousand, Nine Hundred and Seventeen Dollars and Sixty Cents ($104,917.60), including this Contract Modification. II. Consultant accepts all requirements of this Contract Modification by endorsing below. Consultant further agrees that this Contract Modification constitutes full and final settlement of all of the Consultant’s claims for contract time and for all costs of any kind, including without limitation, costs of delays related to any work either covered or affected by this Contract Modification, claims related to on-site or home office overhead, or lost profits. This Contract Modification does not limit the City’s right to bring a claim for past performance. CONTRACT MODIFICATION 2 Project Number: 827 The undersigned consultant approves the foregoing Contract Modification as to the changes, if any, in the contract price specified for each item, including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work due to said Contract Modification. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Contract Modification shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a contract modification that is binding on the parties of this contract. In addition, Consultant warrants that it has or will inform the surety of this change, and shall take appropriate action to modify any bonds required under the contract to address this change. IN WITNESS WHEREOF, the parties have executed this Contract Modification on the day and year first written above. City Engineer / Public Works Director approved to process Initials and Date CONSULTANT. THE CITY OF BREMERTON By By Patty Lent Its Its Mayor DATE: DATE: APPROVED AS TO FORM: ATTEST: Bremerton City Attorney City Clerk NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Mr. Roger Horton Mr. Gunnar Fridriksson Exeltech Consulting Inc. Managing Engineer 8729 Commerce Pl. Dr. NE, Suite A City of Bremerton Engineering Department Lacey, WA 98516 3027 Olympus Drive 360.915.4147 Bremerton, WA 98310 360.473.2354 R:\LEGAL\Contracts\FORMS\Contract Modification (2003).doc Exhibit A-1 Scope of Services City of Bremerton Anderson Cove Waterfront Park LID Project Phase 2 - Final Design Services Phase 3 – Construction Management Services January 11, 2013 Prepared by: Exeltech Consulting, Inc 8729 Commerce Pl Dr NE, Suite A Lacey, WA 98516 City of Bremerton Exeltech Consulting, Inc. Anderson Cove Waterfront Park – Final Design & Construction Management Scope of Services 1 TABLE OF CONTENTS INTRODUCTION ............................................................................................................... 2 PROJECT DESCRIPTION ................................................................................................ 2 ASSUMPTIONS ................................................................................................................ 2 SCOPE OF SERVICES – PHASE 2, FINAL DESIGN SERVICES ................................... 4 1. PROJECT MANAGEMENT ....................................................................................... 4 1.1 Project Meetings ............................................................................................ 4 1.2 Monthly Progress Reports ............................................................................ 5 2. PLANS, SPECIFICATIONS, AND ESTIMATE .......................................................... 5 3. GEOTECHNICAL ...................................................................................................... 6 3.1 .............................................................................................................................. Error! Bookmark not defined. Geotechnical Reconnaissance and Laboratory Testing ...................................... 6 3.2 Geotechnical Analyses and Report .............................................................. 6 SCOPE OF SERVICES – PHASE 3, CONSTRUCTION MANAGEMENT SERVICES..... 7 1. PRE-CONSTRUCTION ACTIVITIES ......................................................................... 7 1.1 Pre-Bid Support ............................................................................................. 7 1.2 Record of Materials ....................................................................................... 7 1.3 Pre-construction Conference ....................................................................... 7 2. CONTRACT ADMINISTRATION FOR CONSTRUCTION ........................................ 8 2.1 Project Meetings ............................................................................................ 8 2.2 Submittal Management ................................................................................. 8 2.3 Inspection Services ....................................................................................... 8 2.4 Claims/Change Order Administration.......................................................... 9 2.5 Monthly Construction Contract Schedule Review ..................................... 10 2.6 Review Contractor Payment Requests ........................................................ 10 2.7 Materials Testing ........................................................................................... 10 2.8 Record Drawings ........................................................................................... 11 2.9 Project Closeout ............................................................................................ 11 2.10 Pre and Post-construction Photographs ..................................................... 11 City of Bremerton Exeltech Consulting, Inc. Anderson Cove Waterfront Park – Final Design & Construction Management Scope of Services 2 INTRODUCTION The City of Bremerton (hereinafter “City”) is the Contracting Agency for this scope of services. Exeltech Consulting, Inc (hereinafter “Consultant”) shall work under the City’s Managing Engineer and, as directed by the City, shall provide engineering services on the Anderson Cove Waterfront Park- Drainage Study and Design Project (hereinafter “Project”) to support the City in progressing the design to a 100% ready for construction PS&E. PROJECT DESCRIPTION Anderson Cove Park is located adjacent to 19th Street and Taft Avenue. There is an existing City sewer pump station on the property. The City wants to provide water quality treatment on this 0.6-acre site they acquired. Currently, all the runoff from the 160 acre basin goes to Anderson Cove without any pre-treatment. We understand the ultimate goal of the City is to convert this parcel into a park. Phase 1 of the project consisted of survey, evaluation of different water quality treatment options and initial geotechnical research and infiltration evaluation. These services have been completed. Phase 2 of the project consists of site grading, new sidewalk, and drainage design implementing Low Impact Development (LID) techniques, and additional subsurface explorations and soil testing for the selected alternatives, which will progress to 100% PS&E. Phase 3 of the project consists of construction management services, including providing a Project Office Engineer for the project and construction support from the design staff. This Scope of Services is for Phases 2 and 3 of the Project. The Project is funded with Department of Ecology Water Quality Enhancement project funds. ASSUMPTIONS 1. Design standards to be used include the following – versions of which are in place at time of contract execution:  City of Bremerton Design and Construction Standards  Washington State Department of Transportation (WSDOT) LAG Manual  2012 Washington State Department of Ecology Stormwater Management Manual for Western Washington  WSDOT Hydraulics Manual 2. Hazardous materials will not be encountered on the Project site. 3. The Project schedule is assumed to be: Notice to Proceed (NTP) - February 8, 2013 Completion of Phase 2 - mid-March 2013 Completion of Phase 3 - Summer, 2013 City of Bremerton Exeltech Consulting, Inc. Anderson Cove Waterfront Park – Final Design & Construction Management Scope of Services 3 4. The City will perform environmental permitting. 5. The Consultant will use AutoCAD Civil 3D software (2013 Version) for plan preparation. 6. All required survey and environmental/permitting services have been completed. 7. The City has adequate Right of Way for the project and no new Right of Way will be required except for easements. 8. The City will be responsible for all public involvement activities. 9. The City will obtain all excavation permits and provide permission and access to the property to excavate the additional test pits. The City will backfill and compact the test pit explorations to a density/condition equal to or better than the original density/condition prior to excavation. 10. The Consultant will call the Underground Utilities Location Center (UULC) (1-800-424- 5555) to locate utilities prior to the test pit excavations. The City is responsible for locating utilities not marked by the UULC. 11. For all Geotechnical services, the City will provide permission and access to the property for the reconnaissance and shallow hand excavations. 12. All plans and documents will be based on English units of measurement. 13. The City will make timely payment of invoices (within 30 days of approved invoice). 14. Project deliverables will be in hard copy and electronic format (excluding invoices and supporting documents, which will be delivered in hard copy format only). 15. The level of effort for each phase and task of work is limited to the amount of labor and expenses indicated in Exhibit E-2. The budget may be transferred between tasks, provided the total contracted amount is not exceeded. Additional services beyond these limits may be considered Extra Work. 16. All City directed activities, above and beyond the scope of services will require written confirmation from the City’s Project Manager or designee. 17. The City will provide timely review of submitted documents. The project team will send work products to the City for review as they are developed, thus at time of 95% submittal all work will have be reviewed once and any revisions will be minor in nature. 18. Preparing 100% Plans, Specifications and Estimate, Bid support and construction support are included in this scope of services. 19. The Consultant will develop and provide the City with special provisions, and the City will then compile to prepare the complete specifications, to include Division 1 and the Contract Proposal. 20. The project will be scheduled to be constructed in one construction season. 21. All City directed activities, above and beyond the scope of work, will require written confirmation from the City Project Manager or designee. 22. This contract shall be assumed to be 50 working days with 5 additional working days built in due to changes, delay or weather. The Consultant’s Construction Management Team will begin one week prior to the pre-construction meeting and will continue until Contractor has physical completion. 23. Contractor’s work is anticipated to take place during daylight hours on a single shift of 8 hours per day, 5 days per week. City of Bremerton Exeltech Consulting, Inc. Anderson Cove Waterfront Park – Final Design & Construction Management Scope of Services 4 24. The City will provide a project inspector for the project. 25. The Consultant’s Construction Management Team is assumed to include the following labor resources:  Project Manager  One Project Office Engineer  One time Documentation Control Administrator  Office QA/QC Engineer  Administrative Support Professional services will be limited to the assumed hours and per hour costs established in Exhibit E-2 for each position, unless additional services are authorized by the City. 26. To streamline communication, all project direction from the City will be channeled through Consultant’s Project Office Engineer, who will also serve as the primary point of communication with the Contractor. 27. Exeltech’s Project Office Engineer will report directly to, and communication flow will be directly to/from the City’s Project Manager. 28. Project documentation will be maintained in the Consultant’s web based documentation software, e-Room, and filed in accordance with standard filing protocol. At the completion of the project, the original project documentation will be transferred to the City in hard copy and electronic format. 29. General materials testing shall be provided by the City with the City Inspector coordinating the materials testing effort. 30. The City will have WSDOT perform all fabrication inspections of catch basins and manholes. 31. Hazardous materials and or archaeological discoveries/conditions are not known to be present at the project site, but will be properly dealt with if encountered. 32. The City will lead the coordination between the Contractor’s activities and the impacts to the local residents and businesses. SCOPE OF SERVICES – PHASE 2, FINAL DESIGN SERVICES 1. PROJECT MANAGEMENT The Consultant shall provide overall project management and documentation of work progress, including coordinating the work products of the design team that are critical to the overall design effort. The Consultant will proactively communicate and document changes that arise with the City’s agreement. 1.1 Project Meetings It is anticipated that the Consultant will participate in one (1) project meeting with the City at the project site for a plan in hand review. Other project meetings will be held via conference call. This meeting will be held prior to submittal to DOE. City of Bremerton Exeltech Consulting, Inc. Anderson Cove Waterfront Park – Final Design & Construction Management Scope of Services 5 1.2 Monthly Progress Reports The Consultant will prepare monthly progress reports which will include a summary of work completed and the financial status of project budget. Deliverable(s): 1. Monthly Progress Report 2. Monthly Invoices 2. PLANS, SPECIFICATIONS, AND ESTIMATE The Consultant will develop contract plans, specifications (using WSDOT 2012 Specification book) and estimate for the following items: 1. Construction of a six (6) foot pervious sidewalk and recharge bed adjacent to the entire frontage of the property. Placement of the sidewalk is to be ten (10) feet from the centerline of 19th Street and be adjacent to the edge of the existing asphalt on Taft Avenue. An underdrain line should be utilized for the sidewalk along 19th Street that would drain to the Port Washington Narrows. 2. Capture storm water from the concrete culvert at the SW corner of the site and direct flows into a 4:1 fill slope and underlying sand filter using the example of 8.5.3 of the 2012 DOE Stormwater Manual. This filter will have a drainline at the easterly edge of the fill which will drain to the Port Washington Narrows. The attachment shows the trees to be removed and which are to be saved. There is also a rough layout for new plantings that need to be accommodated in the design. 3. Installation of two (2) Filterra units. These units will be as shown on the attachment, with some modifications for the parking area at the pump station. These units will be utilized for treatment of stormwater from the adjacent street. Included with this work will be the revisions to the catch basins in 19th Street to allow water into the units. 4. A bio-retention swale that will run adjacent to the shoreline trail. The swale shall be constructed using the example of 7.4.1 of the 2012 DOE Stormwater Manual, and be an overflow for the Filterra units. 5. Use of a pervious concrete pre-cast unit for a parking and load/unload area directly to the west of the pump station, being approximately 20 feet by 50 feet. The units used should be able to have grass growing between and through them, i.e. Grasscrete. The design will be performed to align with the City’s Parks Department’s schematic plan provided by the City on December 17, 2012, and attached as Exhibit A. Items marked as “By Others” on Exhibit A will be designed by the City, including the irrigation system. The Contract plans and specifications will be established with a base bid item for the fill slope, sand filter and grading of the site, including the swale. The sidewalk, Filterras and Grasscrete will be included as bid additives. City of Bremerton Exeltech Consulting, Inc. Anderson Cove Waterfront Park – Final Design & Construction Management Scope of Services 6 The 100% PS&E will be provided to the City and DOE by mid-March, 2013 for review. It is assumed that any comments by DOE and/or the City will be minor in nature. The level of effort for this work assumes 11 plan sheets, as follows: 1. Cover Sheet with Vicinity Map and Index 2. Site Preparation and TESC Plan 3. Grading Plan 4. Sidewalk and Drainage Plan 5. Drainage Details 6. Pervious Sidewalk Details 7. Sand Filter Details 8. Filterra Details 9. Bioretention Swale and Outfall Details 10. Pervious Parking Details 11. Slope Stabilization Details Deliverable(s): 1. 100% PS&E 2. Revised PS&E (based on City/DOE comments) 3. GEOTECHNICAL Shannon & Wilson will provide additional geotechnical services for the Project 3.1 Geotechnical Reconnaissance & Laboratory Testing A geotechnical site reconnaissance will be performed to observe site features, surface soil, and surface water conditions. Shallow hand excavations will be conducted at the proposed fill, bioswale, porous pavement, and pervious concrete parking locations to identify topsoil depth, subsurface soil, and groundwater conditions, if encountered. The hand excavations will be performed using a shovel and extend 2 feet or less in depth. Soil samples from the hand excavations will be collected in jars and returned to our laboratory for testing. Logs for the shallow hand excavations will not be produced. Laboratory tests will be performed for the classification, gradation, and organic evaluation of the subsurface soil at the site. Soil samples for testing will be selected from the available samples collected previously during test pit explorations performed for Phase I of the project, and the samples collected during the hand explorations during this phase of the project. We anticipate that laboratory tests will consist of grain size analyses, organic contents, and cation exchange capacities. The laboratory tests will be performed using applicable ASTM International and U.S. Environmental Protection Agency test procedures. 3.2 Geotechnical Evaluation and Final Report Based on the site reconnaissance, and the results of the subsurface explorations and laboratory testing performed under Phase I and this phase of the project, we City of Bremerton Exeltech Consulting, Inc. Anderson Cove Waterfront Park – Final Design & Construction Management Scope of Services 7 will perform engineering analyses to develop recommendations for design of the proposed park. The following list is based on our current understanding of the project to date. Our analyses will include: 1. Evaluation of subsurface conditions and site geology. 2. Evaluation of treatment capacity of the in-situ soil. 3. Fill material specifications for the site regrade to meet Washington State Department of Ecology Stormwater Manual requirements for infiltration. 4. Sand filter material specifications for the north-south trending interception trenches. 5. Fill placement and compaction recommendations. 6. Bioretention swale material specifications and construction recommendations. 7. Pervious concrete pre-cast parking surface subgrade recommendations and preliminary design infiltration rate. The report will include the logs of the test pits completed under Phase 1, the laboratory test results, the interpreted subsurface conditions, and conclusions and recommendations resulting from our geotechnical engineering and hydrogeological studies. Deliverables: 1. Geotechnical Report Addendum addressing the above items (three paper copies and PDF electronic copy) SCOPE OF SERVICES – PHASE 3, CONSTRUCTION MANAGEMENT SERVICES 1. PRE-CONSTRUCTION ACTIVITIES 1.1 Pre-Bid Support The Consultant shall support the City, as requested, to provide consultation regarding RFIs from the Contractor and/or Contractor evaluation and selection. 10 hours of work have been assumed for this effort. 1.2 Record of Materials The Consultant will develop a ROM prepared. The ROM will be used to track all materials on the project. 1.3 Pre-construction Conference The Consultant will prepare for and conduct a Pre-construction Conference prior to the Contractor beginning work. The Consultant will develop an agenda and relevant project distribution information for the City’s review and approval prior to the Conference. The Consultant will distribute notices of, facilitate, and voice tape the conference, which will be held at the City’s offices. The Consultant will prepare and distribute meeting minutes within seven (7) days of the Conference to all attendees and affected agencies, staff, etc. City of Bremerton Exeltech Consulting, Inc. Anderson Cove Waterfront Park – Final Design & Construction Management Scope of Services 8 At the Pre-construction conference, the Consultant shall facilitate discussions with the Contractor concerning the plans, specifications, schedules, issues with utilities, unusual conditions, federal, state, and local requirements, EEO, DBE requirements, and any other items that will result in better project understanding among the parties involved. 2. CONTRACT ADMINISTRATION FOR CONSTRUCTION 2.1 Project Meetings The Consultant shall attend various project related meetings with the Contractor (including weekly project meetings).The Consultant will prepare the agenda, keep meeting minutes, and the action item list for each of the weekly Project meetings. The Consultant may also be required to attend and participate in weekly safety tool box meetings as conducted by the Contractor. No minutes will be provided for safety meetings, but will be noted in the inspector’s daily report. 2.2 Submittal Management All Project submittals will be logged and tracked by the Consultant. The Consultant shall coordinate and process the receipt, distribution, review and compilation of comments; and monitor and track the processing of RFI’s, submittals, samples, shop drawings, steel reinforcing details, bar lists, mix designs, test reports, traffic control plans, change orders, payment requests, certified payrolls, and other submittals from the Contractor for compliance with the contract documents. The Consultant shall track and approve the processing of Request for Approval of Materials (RAM’s) and review and distribute as necessary. All Contractor submittals to City staff and/or EOR for will be submitted for approval, including proposed designs, construction methods and procedures for the various components of the structures, formwork and false work submittals, catalog cuts, and shop drawings for compliance with the Contract documents. The Consultant will seek technical expertise from the EOR when required for clarification or resolution of Contract drawings. The Consultant shall process the requests for sublet; and shall review and approve the requests according to the specification 1-08.1. The Consultant shall review and respond on the SPCC / Erosion Control Plan and shall monitor the Contractor’s administration of the Plan. 2.3 Inspection Services The City will be providing an inspector for the project. The Consultant shall coordinate and review the inspect of on-site construction methods, products, materials, and activities for conformance with the project plans, specifications, Contract documents, submittals and applicable codes and design standards with the ROM. Any non-conformances, deviations, defects or deficiencies observed will be documented and communicated to the City. The Inspector shall be the City’s representative to coordinate and facilitate the Contractor’s work with Utilities, and the adjoining property owners on the project. The Consultant will review the required wage rates against the Inspectors required employee wage interviews. The Consultant will also track the required DBE goals, and prepare Monthly Utilization Reports. City of Bremerton Exeltech Consulting, Inc. Anderson Cove Waterfront Park – Final Design & Construction Management Scope of Services 9 The City Inspector shall track and inspect all materials deliveries, storage and protection for compliance. The City Inspector shall perform the technical inspection and verify acceptance testing for all project materials and constructed components as specified by the ROM. The Consultant shall assist the Inspector to document all observed non-conforming work, and as necessary in conjunction with the design team make recommendations to the City for corrective measures. In addition, the Consultant will notify the Contractor immediately and proactively work with the Contractor to resolve such issues. Resolution of all nonconforming issues/item, will be tracked to assure that corrective work is completed. As necessary, disputes will be elevated to the proper level. The City Inspector shall prepare Inspector’s Daily Reports (IDRs) by documenting weather conditions, labor, equipment, and materials used, material and equipment deliveries to the site, phases of work being undertaken with start and stop times, work by bid item number, environmental permit compliance, Contractor contacts made, visitors to the site, quality of work, shortages, requests for change orders, engineer directives and/or clarifications, design issues, safety, traffic management, accidents, any notices received, interfaces with other agencies and government officials, identification of different site conditions and contaminated materials and the influence of external events such as weather and strikes which may affect the cost or completion schedule for the work. The Consultant shall review and initial the IDR’s and then they will be posted to e-Room by the end of the next day’s shift. The City Inspector will provide daily reports on any Force Account items on the WSDOT 422-008 form. The Consultant will document and calculate the amount to be paid for work performed on the force account. The City Inspector will document and record field calculations and notes. The Consultant shall provide a weekly statement of working days to the Contractor and a copy to the file. The City Inspector shall provide pictorial documentation through weekly progress photos during the construction period. The construction photographs will be in digital format and cataloged by date. Construction photographs will be posted to e- Room on a weekly basis. 2.4 Claims/Change Order Administration The Consultant shall work to resolve day-to-day construction disputes which may occur during the course of the Project, and shall promptly inform the City of notices of changes or claims/issues raised by the Contractor. The Consultant shall assist and work on behalf of the City in preparing and negotiating claims, change order costs and time extensions by evaluating the Contractor’s proposal and performing a preliminary evaluation of the contents of the change or claim and obtaining factual information concerning the chang e or claim to evaluate merit and entitlement. The Consultant shall prepare independent cost estimates based on the alleged cause of claims or proposed changes submitted by the Contractor. Upon successful change order negotiations, the Consultant will prepare the final change order for execution by the City and the Contractor. Where applicable, the Consultant shall prepare alternate estimates based on varying scenarios of the change or claim cause. These estimates shall be transmitted to the City and shall be used in claim or change order rulings and City of Bremerton Exeltech Consulting, Inc. Anderson Cove Waterfront Park – Final Design & Construction Management Scope of Services 10 negotiations. All delays and extra work will be monitored and tracked. The Consultant shall advise the City of the acceptability of price and time extension prior to submittal to the Contractor for their signature. The Consultant will coordinate with and obtain written concurrence from the EOR on the description of work for each change order, which will be included as an attachment to the change order. The Consultant shall prepare and maintain a Change Order Report which will be provided to the City on a weekly basis. The report shall document and track change order information pertaining to proposed and executed change orders and their effect on the contract price as of the date of the report. The Consultant will coordinate emergency change order work as directed by the City. If necessary, the Consultant will provide dispute resolution procedures and expert witness deposition during litigation (associated time not included in current budget). All minor items of work, per the contract bid item, will be approved by the City’s Project Manager before the Consultant directs the Contractor to proceed with the work. 2.5 Monthly Construction Contract Schedule Review The Consultant shall perform an initial detailed schedule review of the Contractor provided CPM for conformance with the contract documents, and will discuss related schedule issues or concerns with the City. On a monthly basis, the Consultant shall review and respond to the Contractor’s updated construction schedule and compare with field-observed progress. The Consultant shall monitor and regularly report to the City regarding schedule compliance. If issues arise, the Consultant shall report to the City with suggested resolutions, and coordinate with Contractor in the development of recovery schedules, as needed, to address delays caused by either events or issues within the Contractor’s control or other events or issues beyond the Contractor’s control. The Consultant shall advise the City and make recommendations for exercising the City’s contract prerogatives, including giving the Contractor notice to accelerate the project progress, withhold payment for cause, and other prerogatives available in an effort to achieve contract and schedule compliance. 2.6 Review Contractor Payment Requests The City Inspector shall track installed quantities. The Consultant shall review Contractor’s invoices for materials, and provide a monthly pay estimate for the City to make payment to the Contractor based on measured quantities of work performed for each bid item. As necessary, the Consultant shall prepare correspondence explaining payment recommendations. 2.7 Materials Testing The City will contract separately and provide a resource for all materials testing required on the Project. City of Bremerton Exeltech Consulting, Inc. Anderson Cove Waterfront Park – Final Design & Construction Management Scope of Services 11 2.8 Record Drawings The Consultant will review record drawings prepared by the Contractor, and shall prepare and maintain a conformed set of field record drawings based on Contractor provided information and from inspection notes. The field record drawings shall be verified on a monthly basis, as part of the progress payment to the Contractor. Upon project completion, contractor provided markups will be verified for completeness and supplemented with inspection information. The Consultant will then forward the final conformed field record drawings to the EOR who will prepare the final record drawings. 2.9 Project Closeout When appropriate, the Consultant shall make a recommendation for issuance of substantial construction completion. The Consultant shall coordinate with the City, the engineer of record, sub-consultants, Utilities, and other affected agencies to perform a project walk through and inspection, and oversee production of a comprehensive list of deficiencies and punch list items to be completed by the Contractor. The punch list and Certificate of Substantial Completion will be prepared by the Consultant and issued by the City. The Consultant will sign-off on punch list work as it is completed in accordance with the Contract documents. Following completion of all punch list work, the Consultant shall recommend that the City and/or Utilities accept the Project. Once all involved entities have accepted the Project in writing, the Consultant will prepare a Certificate of Physical Completion, which will be issued by the City. The Consultant will prepare and/or finalize all of the necessary reports and documentation for the Project, including but not limited to the final pay estimate, comparison of preliminary and final quantities, record of material samples and tests, material certifications, affidavit of wages paid, and affidavit of amount paid to DBE participants. Upon completion of all work on the Project, the Consultant shall deliver all Project documents to the City for permanent storage. Project documentation shall be neatly organized and labeled in standard filing boxes. A copy of all digital files related to the construction project, including all e-mails, shall be provided to the City on a mass storage device (thumb drive, or approved equivalent). The Consultant may keep a copy of the project documents for their records. 2.10 Pre and Post-construction Photographs The City Inspector will take a series of both pre and post construction photographs which will document the final condition of the Project right-of-way, and all relevant buildings and structures adjoining the site. Photos will be cataloged as to their location, date, and other relevant information. City of Bremerton Anderson Cove Waterfront Park – Final Design and Construction Management Services Consultant Agreement Estimate (Summary of Cost Per Consultant) Task Exeltech Shannon & Wilson Total PHASE 2, FINAL DESIGN SERVICES 1. PROJECT MANAGEMENT $0.00 $0.00 $0.00 1.1 Project Meetings $3,524.00 $0.00 $3,524.00 1.2 Monthly Progress Reports $1,478.00 $0.00 $1,478.00 2. PLANS, SPECIFICATIONS & ESTIMATE $39,450.00 $0.00 $39,450.00 3. GEOTECHNICAL $0.00 $0.00 $0.00 4.1 Geotechnical Reconnaissance and Laboratory Testing $0.00 $1,030.00 $1,030.00 4.2 Geotechnical Evaluation and Final Report $0.00 $10,413.00 $10,413.00 SUBTOTAL PHASE 2 $44,452.00 $11,443.00 $55,895.00 PHASE 3, CONSTRUCTION MANAGEMENT SERVICES $0.00 $0.00 $0.00 1. PRE-CONSTRUCTION ACTIVITIES $6,905.00 $0.00 $6,905.00 2. CONTRACT ADMINISTRATION FOR CONSTRUCTION $15,660.00 $0.00 $15,660.00 SUBTOTAL PHASE 3 $22,565.00 $0.00 $22,565.00 Subtotal $67,017.00 $11,443.00 $78,460.00 Direct Costs $485.20 $1,062.85 $1,548.05 Escalation $0.00 $0.00 $0.00 TOTAL $67,502.20 $12,505.85 $80,008.05 City of Bremerton Anderson Cove Waterfront Park – Final Design and Construction Management Services Consultant Agreement Estimate (Hours Sheet) Task Sr. Project ManagerProject Civil EngineerSr. CADD TechnicianProject Office EngineerDocumentation AdministratorAdministrationTotal Exeltech Labor HoursVice PresidentPrincipal ProfessionalProfessional IVSenior DrafterAdmin.Total Shannon & Wilson Labor HoursTotal All ConsultantsPHASE 2, FINAL DESIGN SERVICES 1. PROJECT MANAGEMENT 000 1.1 Project Meetings 8 8 12 28 0 28 1.2 Monthly Progress Reports 6410 0 10 2. PLANS, SPECIFICATIONS & ESTIMATE 18 200 180 398 0 398 3. GEOTECHNICAL 000 4.1 Geotechnical Reconnaissance and Labor 000620088 4.2 Geotechnical Evaluation and Final Repor 00513604 68888 PHASE 3, CONSTRUCTION MANAGEMENT SERVICES 0 1. PRE-CONSTRUCTION ACTIVITIES 12 5 40 57 0 57 2. CONTRACT ADMINISTRATION FOR CONST 10 130 140 0 140 TOTAL 54 213 180 186 00633 519624 696729 Exeltech Labor Hours Shannon & Wilson Anderson Cove Waterfront Park – Drainage Study and Design Start Date City of Bremerton Task Description: End Date Consultant Fee Determination Exeltech Project # Consultant: Exeltech Consulting, Inc. Code Classification Man Hours LABOR Hours Rate Dollars Sr. Project Manager 54 x $175.00 = 9,450.00 Project Civil Engineer 213 x $105.00 = 22,365.00 Sr. CADD Technician 180 x $85.00 = 15,300.00 Project Office Engineer 186 x $107.00 = 19,902.00 Documentation Administrator 0 x $47.00 = 0.00 Administration 0 x $70.00 = 0.00 Total Hours 633 Total DSC =67,017.00 % Increase % of Work Labor Escalation for '13 0 0 = 0.00 Escalated Total DSC =67,017.00 Reimbursables Itemized Quantity Units Rate In Scope Meals and Lodging each @ $200.00 = 0.00 Mileage 400 each @ $0.550 = 220.00 Reproduction and Printing copies @ $0.50 = 0.00 Postage and Supplies 8 Est @ $20.00 = 160.00 Ferry 4 Est @ $26.30 = 105.20 Reimbursables Total 485.20 Exeltech Subtotal 67,502.20 Subconsultant Costs (See Exhibit G) 12,505.85 Grand Total 80,008.05 Consultant Fee Determination - Summary Sheet Cost Plus Fixed Fee Anderson Cove Waterfront Park – Drainage Study and Design Start Date City of Bremerton Task Description: Geotechnical End Date Subconsultant Fee Determination Exeltech Project # Subconsultant: Shannon & Wilson Classification Hours Labor Rate Dollars Vice President 5 x $230.00 = $1,150.00 Principal Professional 19 x $135.00 = $2,565.00 Professional IV 62 x $110.00 = $6,820.00 Senior Drafter 4 x $95.00 = $380.00 Admin. 6 x $88.00 = $528.00 Total Hours 96 Total Direct Labor Cost =$11,443.00 % Increase % of Work Labor Escalation for '13 0 0 = $0.00 Escalated Labor Cost $0.00 Reimbursables Quantity Itemized Units Rate In Scope Misc Field Supplies 1 each @ $30.00 = $30.00 Ferry 1 each @ $40.00 = $40.00 Mileage 15 each @ $0.55 = $8.25 Jars 1 each @ $25.00 = $25.00 Sample Receiving/Han 1 each/boxes @ $7.00 = $7.00 Sieve Analyses - no Hy 1 each @ $125.00 = $125.00 Sieve Analyses - with H 2 each @ $225.00 = $450.00 Cation Exchange Capa 2 each @ $95.00 = $190.00 Organic Content Test 2 each @ $65.00 = $130.00 B&W Copies 100 each @ $0.11 = $11.00 Color Copies 20 each @ $2.33 = $46.60 $1,062.85 Grand Total $12,505.85 Prepared By: Date: Subconsultant Fee Determination - Summary Sheet 25 ANDERSON COVE WATERFRONT PARK: CONCEPT PLANRECREATION AND CONSERVATION OFFICE - LWCF #12-1465CITY OF BREMERTON - PARKS AND RECREATION DEPARTMENTTaft Ave.19th St. Natural Amphitheatreand LabyrinthOpen Lawnand Berms200’ of Enhanced Shoreline, Invasives Removed and Revegetated with Native PlantsBeach AccessOverlooksFencing and Street TreesExisting CityPump StationPathway with Paving Patterns and Rocks/Logs Highlighting Former StreamBlooming-ton Ave.Olympic Ave. ANDERSON COVE WATERFRONT PARK: INSPIRATIONAL IMAGESRECREATION AND CONSERVATION OFFICE - LWCF #12-1465CITY OF BREMERTON - PARKS AND RECREATION DEPARTMENTwater accessoverlooksteps to shoregathering placepaving patterns tomicmic former creeknative plants and natural seating natural amphitheatre pathways and open space AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Agreement with Parametrix for Pacific Avenue Final Design Study Session Date: January 23, 2013 COUNCIL MEETING Date: February 6, 2013 Department: PW&U Engineering Presenter: Gunnar Fridriksson Phone: 473-2354 SUMMARY: Modifications to the plans and specifications for the Pacific Avenue 6th to 11th Street Project are necessary to address several cost reduction issues. The original design was completed by Parametrix, Inc.; however, their contract expired before these revisions were completed. The requested action is approval of a contract with Parametrix for $75,497.00 to complete the design for the Pacific Avenue 6th to 11th street project. The contract instrument will be a standard Local Agency Agreement per WSDOT Local Agency Guidelines. ATTACHMENTS: 1. Scope of Work & Schedule 2. Budget FISCAL IMPACTS (Include Budgeted Amount): The current project as designed is not constructible with available funding. The revisions are necessary and will allow the project to move forward. These revisions will also allow for monies to be reallocated from construction to design to cover costs. Current project funding is from a Puget Sound Regional Council (PSRC) grant for $3,000,000, with a City match of $468,208. The City match is coming from the utility work included with the project. STUDY SESSION AGENDA: ☒ No Discussion ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the agreement with Parametrix in the amount of $75,497 and authorize the Mayor to finalize and execute the contract subject to approval by the City Attorney with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 City of Bremerton Services EXHIBIT A Scope of Work City of Bremerton Pacific Avenue Improvements Engineering Services INTRODUCTION The Pacific Avenue Improvements project consists of roadway, non-motorized transportation and stormwater improvements on Pacific Avenue between 6th and 7th Streets. This Scope of Work (SOW) describes our proposed work activities associated with engineering design and completion of plans and special provisions necessary to bid and construct the improvements during summer 2013. Work will be based on the original 100% plan set delivered by Parametrix in July 2011. Revisions to this design will be incorporated and final Bid Set plans and Special Provisions will be delivered: The following tasks are associated with this SOW. Task 01- Project Management Objective: Obtain project data, develop project work plan, monitor and manage scope, schedule and budget, and periodically meet with City staff and other members of the design team to review project status. Activities: The following activities are associated with this task: • Schedule, prepare for, attend, and document up to three project meetings that will include the Consultant and City staff, either in person or by conference call.  Project kickoff.  Revised 100% design review meeting.  Final design review meeting. • Manage and direct the project technical team. • Provide routine project management and communications (scope, schedule, budget, invoicing, etc.).  Prepare detailed monthly progress reports and progress billings and submit to the City for approval and payment. The monthly report will include:  A narrative of the work performed and the tasks to be performed in the next reporting period, and, if necessary, explanation of delays, problems, responsive action requirements by the Consultant and the City, and other project needs.  An update on schedule progress. 11, 2013 City of Bremerton Service. h  A summary of actual versus scheduled costs. Deliverables: The following deliverables will be prepared: • Routine correspondence including monthly progress reports. • Meeting agendas and notes. Assumptions: The following assumptions apply to this task: • The duration of the project is estimated to be twenty months (February through September 2014). Task 02- Traffic Study Objective: Conduct traffic studies for evaluation of the 6th and Pacific intersection. The purpose of the work is to determine if the proposed intersection signals are required or if they can be replaced with a 4-way stop. If the signals are not required, the proposed raised intersection will be retained. If the signals are required, the raised intersection will be removed. Associated design activities for removal of the raised intersection work will be completed under Task 5. Approach: The following activities will be performed: • A subconsultant {All Traffic Data) will be retained to perform traffic counts. • Perform a signal warrant analysis in accordance with the latest MUTCD manual. Deliverables: The following deliverables are associated with this task: • Brief technical memoranda presenting the traffic counts, warrant analysis results, and recommendations. Assumptions: The following assumptions are associated with this task: • Traffic counts will be performed on the approach legs in all four directions for a total of four consecutive calendar days during the mid-week. • Manual pedestrian/bicycle counts will not be required. Task 03 - Electrical Design Objective: Replace the originally-designed double-mast luminaires with City proposed double-mast Lumec luminaires . Depending on the results of the traffic study, remove the new signal system(s) from the plans. Approach: The following activities will be performed: • Review existing illumination design by SVR/TresWest, revise as needed and incorporate design into "Other Electrical Systems" Plans prepared by Parametrix. Plans will be re- titled "illumination and Electrical Systems". City of Bremerton Pacific Avenue Engineering January 11, 2013 3 • Revise plans as necessa1y to delete the signal system(s). Deliverables: The following deliverables are associated with this task: • Deliverables will consist of revised design sheets provided under Task 5. Assumptions: The following assumptions are associated with this task: • A lumen study using the proposed Lumec luminaires will be performed by the City. • The existing luminaire locations will not change significantly such that revisions to roadway, sidewalk, or driveway geometries are required. • The Lumec luminaire and associated details will not be drafted in CAD; instead, vendor cut sheets will be included in an appendix to the specifications. • No revisions will be necessary to the existing electrical plans for the "Other Electrical " design other than to accommodate addition of revised luminaire design. • No revisions will be necessary to the existing electrical or illumination plans between 9 th and 11th to accommodate the overhead power lines to remain. Task 04 - Drainage and Paving Design Objective: Revise paving and drainage design that proposed full width pervious concrete to accommodate standard HMA driving lanes and pervious concrete parking lanes. Approach: The following activities will be performed: • Review drainage report and design prepared by SVR. • Redesign and revise paving and drainage sheets Deliverables: The following deliverables are associated with this task: • Deliverables will consist of revised design sheets provided under Task 5. Assumptions: The following assumptions are associated with this task: • Standard asphalt section shall consist of 6 inches of HMA underlain by 6 inches of crushed surfacing top course. • Drainage design work will consist of verification of previous work by SVR and adjustment of drainage per revised design. • Infiltration beds will be sized with a width to match the parking lanes and a thickness of aggregate discharge subbase of 12 inches to match the original design. The predicted infiltration volume using this design will be calculated and provided to the City. • City will provide water and sanita1y design tor evaluation of pipe conflicts by Parametrix. City of Bremerton. Services .lamtaty Task 05 - Revised 100%, Final and Bid Set Plans, and Specifications and Estimate Objective: Based on previous design data and files, prepare Revised 100%, Final, and Bid Set plans, and specifications. It is anticipated that the work will not require significant changes to road geometries. An exception is parking in front of the post office, which will be revised to front- in angled parking. Activities: The following activities would be performed as part of this task: • The Revised 100 %, Final, and Bid Set plans completed and sealed by Parametrix will consist of the following sheets: ·  Cover Sheet with Vicinity and Location Map  Key Map and index Sheet  Legend Sheet  Survey Control Sheet  Existing Condition Plans (2 Sheets)  Site Preparation and Demolition Plans (2 Sheets)  Typical Roadway Sections (2 Sheets)  Detailed Paving Plans (6 Sheets)  Paving Profiles (4 Sheets)  Hardscape and Streetscape Details (5 Sheets)  Drainage Plan and Profiles (4 Sheets)  Drainage Details (4 Sheets)  Illumination Plans and Details (3 Sheets)  Other Electrical Systems Plans and Details (3 Sheets)  Channelization and Signing Plans (4 Sheets)  Joint Utility Trench Plans (2 Sheets) • Prepare Revised 100%, Final, and Bid Set Special Provisions. • Provide support for City developed cost estimate including quantities and cost information. Deliverables: The following deliverables are associated with this task: City Bremerton EngineerinServices January 2013 • Three hard copy sets of Revised 100%, Final, and Bid Set Plans on llxl7, Contract Documents and Special Provisions. • Three hard copies and one pdf set of sealed Bid Set Plans on full sized sheets. • AutoCAD and pdf files of all drawings and documents- provided on CD. Assumptions: The following assumptions arc associated with this task: • One schematic showing front in angle parking options with vehicle movements will be submitted. • Existing design drawings by others will be provided by the City in CAD format. • One set of consolidated review comments each will be received for the Revised 100% and Final Plans and Special Provisions. • Review comments to Final Plans and Special Provisions will be minimal. • The City will provide the final legal documents and compile the Contract Documents. Task 06- Directed Services Objective: Provide additional technical services as requested and authorized in writing by the City. Activities: The following activities may be associated with this task: • Additional design tasks. • Engineering support during bidding. • Production of conformance documents. • Engineering support during construction. Deliverables: The following deliverables will be prepared: • Information associated with directed services. Assumptions: The following assumptions apply to this task: • Work under this task will require prior written authorization from the City. City of Bremerton Avenue Services January 6 EXHIBIT B Schedule Work Element Completed By Notice to Proceed February 6, 2013 Traffic Counts Signal Warrant Analysis Revised 100% Plans and Special Provisions Final Plans and Special Provisions Bid Set Plans and Special Provisions Advertise for Bid February 15, 2013 February 22, 2013 February 28, 2013 March 15, 2013 April 1, 2013 April15, 2013 Project Close Out December. 31 2013 NOTES: The assumed turn-around time for City review is 1 week January City of Pacific Avenue EXHIBIT C Budget TASK 1 PROJECT MANAGEMENT…....................................................................................... $3,304 TASK 2 TRAFFIC STUDY ............................................................................................................... $4,355 TASK 3 ELECTRICAL DESIGN ........................................................................................... $4,349 TASK 4 PAV lNG AND DRAJNAGE DESIGN .......................................................................... $1,377 TASK 5 REVISED 100%, FINAL, AND BID SET PLANS AND SPECIAL PROVISIONS…. $19,544 EXPENSES................................................................................................................... $1 ,923 TOTAL TASKS 1 THROUGH 5 $35,497 TASK 6 DIRECTED SERVICES .............................................................................................. $40,000 GRAND TOTAL ................................................................................................................... $75,497 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 3.1not to exceed $175.00. Subconsultants shall be subject to a 5 percent markup . A breakdown of costs is provided in the attached budget spreadsheet. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Public Hearing and Release of Easement for Highmark Homes LLC Study Session Date: January 23, 2013 COUNCIL MEETING Date: February 6, 2013 Department: Public Works & Utilities Presenter: Fridriksson Phone: 473-2354 SUMMARY: The new property owner for the Eastpark development, Highmark Homes LLC, wishes to revise lot lines to increase the size of several lots. Various utility easements were created for the City. With the recording of the plat of Eastpark, the utility easement was found to be not needed. Staff recommends release of the easements. ATTACHMENTS: 1. Release of Easement 2. Exhibit FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ☒ No Discussion ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Release of Easement and authorize the Mayor to finalize and execute the Release of Easement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 RELEASE OF EASEMENT- Page 1 of 2 Return Address: City Clerk City of Bremerton 345 6th Street, Ste. 600 Bremerton, WA 98337 AUDITOR/RECORDER’S INDEXING FORM Document Title(s): 1. Release of Easement Reference Number(s) of Documents assigned or released: 20081120010 Grantor(s): 1. The City of Bremerton Additional names on page of document. Grantee(s): 1. Highmark Homes, LLC Additional names on page of document. Legal Description: (abbreviated) Portion of the plat of East Park Phase 1, Vol. 32 of plats, Pages 182-191, records of Kitsap County, WA., portion of the NE ¼ of the SW ¼ of S 12, T 24 N, R 1 E, W.M., Kitsap County, WA. Additional legal is on page of document. Assessor’s Property Tax Parcel/Account Number: 5559-000-036-0002, 5559-000-037-0001, 5559-000- 039-0009, 5559-000-043-0003, 5559-000-044-0002, 5559-000-046-0000, 5559-000-048-0008, 5559-000- 066-0005, 5559-000-067-0004, 5559-000-069-0002 Project Name: N/A RELEASE OF EASEMENT (City of Bremerton Grantor) THIS INSTRUMENT made this _____ day of ________________, 2013, by and between the CITY OF BREMERTON, a Washington municipal corporation of Kitsap County, State of Washington (hereinafter “Grantor”) and Bremerton Housing Authority (hereinafter “Grantee”). Grantor for and in consideration of mutual benefits derived and/or other valuable consideration, receipt of which is hereby acknowledged by Grantor, does by these presents grant, convey, release and quit claim forever unto Grantee, its successors and/or assigns, all its right, title and interest in and to a portion of the easements as shown on, under and upon: LOTS 036, 037, 039, 043, 044, 046, 048, 066, 067, and 069, of EAST PARK PHASE 1, ACCORDING TO THE PLAT RECORDED IN VOLUME 32 OF PLATS, PAGE(S) 182-191 AND AMENDED PER AUDITOR’S FILE NO. 200901020199, RECORDS OF KITSAP COUNTY WASHINGTON; SITUATE IN KITSAP COUNTY WASHINGTON. RELEASE OF EASEMENT- Page 2 of 2 GRANTOR: CITY OF BREMERTON By: Patty Lent Its: Mayor DATE: __________________________ STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) On this day of , 2013, before me a Notary Public in and for the State of Washington, personally appeared Patty Lent to me known to be the Mayor of the City of Bremerton, a municipal corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act and deed of the municipal corporation, for the uses and purposes mentioned in this instrument, and on oath stated that he was authorized to execute said instrument. APPROVED AS TO FORM: ______________________________ ROGER A. LUBOVICH City Attorney R:\LEGAL\Forms\Easements\Release of Easement (recorded easement).doc -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires ________________________ AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Bid Award of Services Agreement for Security Services and Patrols. Study Session Date: January 23, 2013 COUNCIL MEETING Date: February 6, 2013 Department: PW&U Presenter: Chal Martin Phone: 473-5315 SUMMARY: Requests for proposals were prepared, distributed and received in accordance with City Bid Procedures. Three (3) bids were received. The low bidder is Merchant Patrol Security Services, Inc. in Bremerton, Washington. The Department requests approval of the service agreement for two (2) years from February 1, 2013 to January 31, 2015 with an additional two (2) year optional term. ATTACHMENTS: 1. Information Memo 2. Agreement including Scope of Work and Bid Proposal - Merchant Patrol Security Services, Inc. FISCAL IMPACTS (Include Budgeted Amount): Funds are budgeted for the current budget year and would be budgeted for the remaining term of the contract. $50,541.55 annually. STUDY SESSION AGENDA: ☒ No Discussion ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the agreement 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 Form Updated 11/02/12 Chris Mottner / chris.mottner@ci.bremerton.wa.us / (360) 473-2316 SECURITY SERVICES AND PATROLS INFORMATIONAL This service is currently required at seven (7) city facilities and properties. This agreement will allow for eight (8) hours of security presence, checks and patrols per day, seven (7) days a week. Locations include: 1. Downtown Parking Facility 2. Harborside Parking Facility 3. Bremerton Library 4. Municipal Courts Building 5. Conference Center 6. Naval Museum Facility 7. Park Avenue Plaza Garage Requests for proposals were sent out on December 6, 2012 to five (5) security service providers. Proposals were due on December 14, 2012; three (3) were received, two (2) were non-responsive. Proposals were reviewed, evaluated and references checked by a selection panel, (evaluation documents available upon request). Low bidder was Merchant Patrol Security Services, Inc. with an hourly rate of $15.25 for security service and an hourly rate of $18.00 for vehicle patrols. The service term will start February 1, 2013 and will be for two (2) years with an additional two (2) year optional term to be negotiated by both parties. Attachments included for reference:  Proposed Agenda Bill  Agreement including Bid Proposal and Scope of Work and Duties from Merchant Patrol Security Service, Inc. (All other documents available upon request) Previous security services history: 2004 – 2010 $15.25 per hour Merchant patrol Security Service, Inc. 2010 – 2013 $14.17 per hour Pierce County Security 2013 – 2015 $15.25 per hour Merchant Patrol Security Service, Inc. (proposed) Security Services & Patrols Between the City of Bremerton & Merchant Patrol Security, Inc. GOODS AND SERVICES AGREEMENT THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ("City"), and Merchant Patrol Security Services, Inc. ("Vendor"), whose mailing address is: PO Box 964, Olalla WA 98359. The parties agree as follows: 1. VENDOR SERVICES. The Vendor shall provide the following goods and materials and/or perform the following services for the City: SCOPE: The vendor agrees to perform the services more specifically described in the scope of work and duties, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The scope of work and duties may be modified only pursuant to section 10.K of this agreement. If the scope of work and duties provides for unspecified additional services, such services shall only be performed upon the express written request of the city. Vendor 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. 2. TIME OF COMPLETION. The term of this agreement shall commence on February 1, 2013 and will terminate on January 31, 2015, unless terminated earlier pursuant to this agreement. 3. COMPENSATION. The City shall pay the Vendor in an amount not to exceed $5,000.00 per month. Vendor shall bill for services at the rate of $15.25 per hour and shall provide eight (8) hours of security per day, seven (7) days a week, and shall bill for vehicle patrols at the rate of $18.00 per hour and shall provide two (2) hours of vehicle patrols per day, seven (7) days a week. Vendor shall submit regular billing statements describing work performed and amount charged for security services. The descriptions shall conform to and fall within the categories set out in the Scope of Services. Upon receipt of a conforming billing statement, the City shall promptly process the payment. Vendor shall not perform work beyond the Scope of Services and Duties, nor shall vendor be compensated for such work, unless the Scope of Service and Duties or amount of compensation is modified pursuant to this Agreement. Vendor shall only be compensated for additional services if requested pursuant to Section 10.K and, if not otherwise provided, such compensation shall be in accordance with this Section. 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 vendor of its obligations under this Agreement. 4. INDEPENDENT CONTRACTOR. Contractor is and shall be at all times acting as an independent contractor and not as an employee of the City. The Contractor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state disability insurance compensation, unemployment compensation, and all other payroll deductions for the Contractor, officer, agents, employees and sub-contractors. The Contractor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Contractor's officers, agents, employees and sub-contractors. 5. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Vendor's refusal or failure to supply a sufficient number of properly skilled workers for completion of this Agreement. B. The Vendor's failure to make full and prompt payment to subcontractors or for material or labor. Security Services & Patrols Between the City of Bremerton & Merchant Patrol Security, Inc. C. The Vendor's failure to complete with federal, state or local laws, rules or regulations. D. The Vendor's filing for bankruptcy or becoming adjudged bankrupt. E. Either party may terminate this Agreement upon 30 days written notice to the other party. If the City terminates this Agreement for good cause, the Vendor shall not receive any further monies due under this Agreement until the services required by this Agreement are completed and fully performed. 6. CHANGES. The City may issue a written change order for any change in the services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that a change order is necessary, Vendor must submit a written change order request to an authorized agent of the City within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Vendor fails to require a change order within the time allowed, the Vendor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment the Vendor must complete the change order work; however, the Vendor may elect to protest the adjustment as provided below: A. Procedure and Protest by the Vendor. If the Vendor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor shall: 1. Immediately give a signed written notice of protest to the City; 2. Supplement the written protest within fourteen (14) calendar days with a written statement that provides the following information: a. The date of the Vendor's protest. b. The nature and circumstances that caused the protest. c. The provisions in this Agreement that support the protest. d. The estimated dollar cost, if any, of the protested work and how that estimate was determined. e. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. 3. The Vendor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all protests, provided the procedures in this section are followed. If the City determines that a protest is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. B. Vendor's Duty to Complete Protested Work. In spite of any protest, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. C. Vendor's Acceptance of Changes. The Vendor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for Security Services & Patrols Between the City of Bremerton & Merchant Patrol Security, Inc. direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). 7. CLAIMS. The Vendor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims. Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement; or, if (and only if) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Vendor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Vendor's written claim must include the information set forth regarding protests in Section 6(A)(2)(a)-(e). FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. Vendor must, in any event, file any claim or bring any suit arising from or connected with this Agreement within 120 calendar days from the date the contract work is complete. 8. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officer, 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. Vendor’s obligation to indemnify shall not extend to that portion of damages caused by the City’s sole negligence. The City's inspection or acceptance of any of Vendor's 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 Vendor and the City, its officers, officials, employees, agents and volunteers, the Vendor's liability hereunder shall be only to the extent of the Vendor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. Security Services & Patrols Between the City of Bremerton & Merchant Patrol Security, Inc. The provisions of this section shall survive the expiration or termination of this Agreement. 9. INSURANCE. The Vendor shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Contract work by the Vendor, its agents, representatives, employees or subcontractors. Before beginning work on the project described in this Agreement, the Vendor shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $500,000 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 $2,000,000 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; and employer's liability. Any payment of deductible or self insured retention shall be the sole responsibility of the Vendor. All required policies shall be provided on an “occurrence” basis except professional liability insurance (if required), which shall 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 Vendor and a copy of the endorsement naming the City as 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. The Vendor'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 Vendor'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. 10. MISCELLANEOUS. A. Licenses and Taxes. Vendor shall possess a current Bremerton Business License and any regulatory license required to fulfill Vendor's obligations under this contract. B&O taxes shall be paid when due, and Vendor, by this agreement, assigns any payments due under this contract to the City Clerk for payment of such taxes which have been declared delinquent. B. Conflict and Precedence. In the event of a conflict between the contract documents, the document which rates higher on the following list shall take precedence: 1. Addenda, if any, 2. Contract, 3. Scope of Work & Duties (Exhibit A) 4. Bid Proposal Security Services & Patrols Between the City of Bremerton & Merchant Patrol Security, Inc. C. Documents Incorporated by Reference. The following documents are incorporated by reference, to include, but not be limited to: 1. Scope of Work & Duties 2. Bid Proposal D. Nondiscrimination. In the hiring of employees for the performance of work under this Agreement the Vendor, its subcontractors, or any person acting on behalf of Vendor shall not, by reason of race, religion, color, sex, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. E. Compliance with Laws. Vendor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this Agreement. F. Work Performed at Vendor's Risk. Vendor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this Agreement. All work shall be done at Vendor's own risk, and Vendor 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. G. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and Vendor under any of the provisions of this Agreement, resolution of that dispute shall be available exclusively under the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. H. Attorney's Fees. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the City's right to indemnification under Section 9 of this Agreement. I. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed below, unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement. Notices to be sent to: Notices to be sent to: VENDOR: CITY: Attn: Dan Larson, Operational Manager Attn: City Clerk Merchant Patrol Security Services, Inc. City of Bremerton PO Box 964 345 6th Street, Suite 600 Olalla, WA 98359 Bremerton, WA 98337 J. Assignment. Any assignment of this Agreement by the Vendor without the written consent of the City shall be void. K. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. Security Services & Patrols Between the City of Bremerton & Merchant Patrol Security, Inc. L. Severability. If any one or more sections, sub-sections, or sentences of this Agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this Agreement and the remainder shall remain in full force and effect. M. Entire Agreement. The written provisions and terms of this Agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this Agreement. This Agreement and any attached Exhibits contain the entire Agreement between the parties. Should any language in any Exhibit to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. IN WITNESS WHEREOF, the parties below have executed this Agreement. VENDOR: CITY: City of Bremerton By: By: Print Name: Print Name: Its: Its: Date: Date: APPROVED AS TO FORM: By: Bremerton City Attorney ATTEST: By: City Clerk R:\Legal\Legal\Contracts\PUBLIC WORKS\GSA Security Services Patrols 2013.doc AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Purchase of Sensus Water Meter Transceiver Units (MXU’s) Study Session Date: January 23, 2013 COUNCIL MEETING Date: February 6, 2013 Department: PW&U Presenter: Chal Martin Phone: 473-5315 SUMMARY: This purchase action has changed somewhat due to the results of additional research conducted at the request of Council. The new request is to purchase 1,882 transceivers for $241,385.22, a price reduction compared to the $253,637.14 previous request. Based on the additional research, it now appears that the best course of action for the City is to purchase newer technology Sensus transceivers and newer technology Sensus water meters, the combination of which will enable migration to a “fixed base” meter reading system, should the City decide to do so, in about 7 years. See attached report, which compares the expense of changing the City’s current proprietary drive-by system (Sensus) with a different proprietary drive-by system (Badger). ATTACHMENTS: 1. General Information Sheet 2. Price Quote 3. Sole Source Determination 4. Badger/ Sensus Comparison Report FISCAL IMPACTS (Include Budgeted Amount): The 2013 Water Utility capital budget is $3,837,000. Purchase of meter and transceiver replacements is budgeted and there are sufficient funds. STUDY SESSION AGENDA: ☐ No Discussion ☒ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the purchase of water meter transceivers from Ferguson Waterworks and authorize the Mayor to finalize and execute the purchase with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 24025 Woodinville- Snohomish Rd Woodinville, WA 98072 Phone: (425) 486-9600 Fax: (425) 806-8510 January, 15th 2013 City of Bremerton Chris Mottner Sensus Meter 520M MXU Pricing 100 Oyster Bay Ave N Bremerton, WA 98312 Chris, Ferguson Waterworks is offering the following pricing to the City of Bremerton for the upgrade of their Sensus 505 MXU endpoints to the Sensus 520M MXU units. The pricing will be valid from today January 15th, 2013 thru January 31st, 2014. All upgraded Sensus 520M MXU’s will be FOB the City of Bremerton shop on orders greater than $10,000. Orders less than $10,000 the City of Bremerton is to pay shipping charges. MXU Upgrade from 505B to 520M Unit Item Single Port TC $118.10 Price Dual Port TC $131.25 Please contact me with any questions at thomas.erickson@ferguson.com or (253) 375- 3055. Thank you, Tom Erickson AMI/AMR Metering Solutions Ferguson Metering and Automation Group City of Bremerton Water Utility Issue: Water Meters and Data Transmission Systems Refer to the previous paper dated December 31, 2012 for additional information. Purpose Compare the expense of continued deployment of a Sensus drive-by water meter / transmitter system with new deployment a Badger drive-by system. Approach Perform the analysis year-by-year, listing all expenses and offsets. This enables further analysis of cash flow requirements and net present value of the options. Background The Bremerton City Council asked the Public Works Department to analyze the cost of continuing its systemic replacement of “drive-by” meter transmitters, compared to installation of a “fixed base” meter transmitter system. That analysis indicated the current systemic replacement of transmitters was the best overall option for the City at this time, based on price and the practical implications of a complete system changeout. However, following presentation of this report, an additional question was raised: Would it be less expensive to change out Bremerton’s current proprietary drive-by system (Sensus) with a different proprietary drive-by system (Badger)? This report analyzes that question. Discussion There are basically two ways to change out a meter/transmitter system: all at once, or phased in over time. In addressing this question, experienced Public Works staff determined that the best approach for Bremerton’s system was to phase in the changeout over a five year period. In addition to staff’s determination that a phased-in changeout made the most sense from a real-world practical perspective, the present value of this approach is lower, and therefore enables the proposed system changeout to be viewed in the most favorable financial light. The Badger system uses a combined meter/transmitter unit. These units are priced at $195.48 each for a “fixed base” system, but only $157.90 for a “drive-by” system. In addition, there are other cost savings with a Badger “drive-by” system as well. It should be noted that once this system is installed, the City would be “locked in” to the drive-by system until 2032 in order to recoup its investment. At that time, the Badger system could be migrated to a “fixed base” system, and this is the assumption made in the analysis. However, for the 20-year period of deployment, this new system would offer no flexibility to migrate to a “fixed base” system. The system works only with Badger meters. And the system uses transmitters with 1milli-watt of power, resulting in less transmitter range which will result in more field time reading meters. The Sensus system uses separate meters and transmitters. While more expensive to replace the meter/transmitter combination, this system provides flexibility and cost advantages not initially apparent. One advantage is that, going forward, all new transmitters can be fitted with a higher- wattage transmitter that will also work with a “fixed base” system , with no additional changes, should the City decide to migrate to a “fixed base” system in the future (we are making that assumption). In addition, Sensus offers a new type of polymer meter that is significantly more accurate at very low flows, which may provide additional system revenue to help offset the higher expense of these meters. Similar to the Badger system, this analysis assumes Bremerton will migrate the Sensus system to a “fixed base” system at the appropriate time. In addition, the analysis assumes the City will also install the more expensive (but more accurate) new-technology meters. Based on these assumptions, a $300,000 expense to convert the system to” fixed base” is included for the Sensus analysis in the year 2020. Sensus provides transmitters that will “plug and play” with other meters, should the City decide to install non-Sensus meters. And the new Sensus 520M transmitters, (migratable to a “fixed base” system) transmit at 2 watts of power, 10 times the transmittal power of the Sensus 520R transmitters, and 2,000 times the transmittal power of the Badger transmitter being evaluated here. This equates to longer transmitter range, resulting in shorter meter-reading routes. Revenue Both Badger and Sensus meters are high quality and read accurately. However, the Badger meter contemplated for use in this analysis does not have the capability to read very low flows. Studies suggest water systems lose revenue because the meters simply are not able to register water usage at very low flow rates. The newest Sensus meters have an enhanced capability to read water usage at very low flow rates, which is estimated to increase revenue by as much as 12 percent (See Journal AWWA, May 2010, p. 123). For this study, the comparative analysis assumed two baseline conditions: the first assuming no additional system revenue from the higher-technology Sensus meters, and the second assuming an additional 5% revenue from the consumption portion of the billing as a result of more accurate low-flow meter readings from the new meters. Results The discount rate chosen for the analysis was 4%. The period of the analysis was 25 years. The chart below shows the results. Net Present Value Net Present Value Not Including Low-Flow Including Low-Flow System Type Revenue____________ Revenue________ Badger $4,547,000 $4,252,000 Sensus $4,505,000 $2,171,000 Recommendation Due to lower life-cycle cost and increased system flexibility, including the flexibility to migrate sooner to a “fixed-base” meter reading system, the Bremerton Public Works Department recommends continued deployment of the Sensus water meter transmitter system. Atch 1. Spreadsheet, 5 tabs, no low-flow revenue 2. Spreadsheet, 5 tabs, including low-flow revenue Additional source information is on file. Electronic copy of spreadsheets available on request. This paper authored by Chal Martin / chal.martin@ci.bremerton.wa.us / (360) 473-5315 / January 13, 2013