HomeMy WebLinkAbout08/14/2013 AGENDA M
CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 :i Phone (360) 473 -5280
AUGUST 14, 2013
CITY COUNCIL STUDY SESSION & EXEMPT CLOSED SESSION
Beginning at 5:00 PM 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
the City Council, the items will be placed on the August 21, 2013 Council Meeting Agenda.
A. NO PRESENTATION PLANNED —The following items are budgeted items or have already
been reviewed by the appropriate Council Committee.
1. Purchase or Lease of four (4) Parking Citation Handheld Devices
2. Purchase of an Emergency Generator for Pump Station KL -2 from Cummins Northwest LLC
3. Resolution to allow the transfer of 5 -feet of City Property to Right -of -Way along Taft Avenue
and 19 Street
4. Award Goods & Services Agreement to Olson Brothers Pro -Vac LLC of Puyallup
B. FULL PRESENTATION ITEMS
5. Summary of 5 -Year Audit Report and Current Status — Gary Nystul, Internal Auditor
(Information only... )
6. Award Consultant Contract to Grey & Osborne, Inc. for the Design of the Lower Wheaton
Way Project
7. Recreation & Conservation Office (RCO) Grant Agreement for Evergreen Rotary Park
Improvements (Inclusive Playground and ADA accessibility)
8. Community Forestry Grant Agreement with Department of Natural Resources (DNR) for
Evergreen Rotary Park Improvements (Shade and Habitat Trees)
C. GENERAL COUNCIL BUSINESS
1. Audit Committee Briefing (8108113 Meeting) — Carol Arends, Chair
2. Public Works Committee Briefing (8113113 Meeting) —Adam Brockus, Chair
3. Public Safety & Parks (PSP) Committee Briefing (8114113 Meeting) — Leslie Daugs, Chair
4. Other General Council Business (As necessary...)
D. ADJOURNMENT OF STUDY SESSION
E. EXEMPT CLOSED SESSION — Update on "Labor Negotiations and Proceedings" per RCW
42.30.140(4) (b) (Information only... )
® 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.
Gary W Nystul CPA CFE
City Auditor
345 Sixth Street Suite 600
Bremerton, WA 98337 -1873
360 473 5369
V gary nystul@ci bremerton wa us
CITY AUDITOR
August 8, 2013
Honorable Patty Lent Mayor
Members of the City Council
On July 12 I issued a list of audits performed and the implementation status of findings,
recommendations or observations of completed reports Mayor Lent has reviewed these
items with her staff and has reported their updated status
Attached is a revised listing with the reported current status Changes from the original
report are highlighted in yellow The following status categories are used
• Implemented are findings or recommendations that have been adopted
• In Process are items that the staff has stated they are now working on
• Not Implemented are items where there is no current action and were not adopted
• N/A is for some topics that are no longer applicable due to various changes in
personnel or situations
• Disagreed is when the department did not agree with the recommendation
This report will be discussed at the City Council work session on August 14 Please let
me know if you have any questions
Sincerely,
Gary W Nystul
R \City Auditor\Audit Report Status \Transmittal Aug 2013 docx
8/2/13
Status of Audits Conducted from 2008 to 2012 for the City of Bremerton
REVISED July 29, 2013
Audit Report and Date Reports With Findings and Recommendations status Department
Parking Citation Processing Finding 1 "Some Instances of procedural problems were noted in the parking system that, when
Apn129, 2011 considered in total could cause some concern about the system on internal control "
Recommendations
1 Develop procedures to review credit balances and processing oversights on a monthly Implemented Municipal Court
or annual basis
2 Establish a procedure to write off cases older than 10 years Implemented Municipal Court
Fmdme 2 "A number of processing problems have gone undetected in the red light system
because overall monitoring and management of the red light parking ticket program has not
been assigned "
Recommendations
3 Ensure that overall responsibility for red light program has been assigned In Process Finance
4 Contact Redflex to ensure the deficiencies are corrected Implemented Municipal Court & Police
Equipment Rental Reserve Findme 1 "The hardware and software used to account for the vehicles and equipment in ERR
Fund 510 and their depreciation reserve targets and accumulated reserves is old and will likely fad in the
September 10, 2010 near future with no backup having been identified "
Recommendation
5 Move the ERR vehicle /equipment data to a reliable computer In Process Finance
Finding 2 "The policies for management and operation of the ERR fund adopted by the City
Council and Mayor are not current and should be improved "
Recommendations
6 Amend BMC Section 3 68 "Equipment Rental Reserve Fund" to establish council's desired level Implemented Public Works
of policy regarding value and type of items that may be included in ERR
(Ordinance No 5120 passed 9/2/10)
7 Update "Equipment Rental" Policy 120 02 in the Policy and Procedures Manual to include In Process Public Works
sufficient guidance for the consistent and effective operation of the fleet (last revision 8/96)
Finding 3 "A Fleet Policies and Procedures Manual does not exist for the uniform operation and
maintenance of the vehicle and equipment fleet "
i
8/2/13
Recommendation
8 Adopt a Fleet Policy and Procedures Manual, and post on Cobweb In Process Public Works
Harborside Project Finding 1 "There was no follow upon construction after the project was completed Asa result,
April 26, 2010 warranty items have yet to be addressed "
Recommendation
9 Project manager should follow up on construction issues N/A Project Administrator
A final review should be done near the end of the warranty period
Finding 2 "City policies and procedures for contracts sole source contracts, and change orders
were not followed in some instances "
Recommendation
10 Project manager should follow policies and procedures regarding sole source materials and r N /A ---- Project Administrator
for approval of change orders
Finding 3 "Some tasks required to complete these construction projects have yet to be
completed although the projects were substantially completed many months ago "
Recommendation
11 Support should be provided to the Parks department to complete unfinished items Implemented Mayor
Finding 4 The language of the Budding 50 lease with the Navy could be improved "
Recommendation
12 The responsible department for the Budding 50 lease should clarify the terms In process Mayor
R,.._.._..,.- ..gym. =..
Human Resources Division Finding 1 "A significant number of employee evaluations are past due "
December 11, 2009
Recommendations
13 Tone must be set that timely personnel evaluations by management are performed Implemented Mayor
14 Appropriate forms should be developed to evaluate Public Safety positions `In Process Human Resources BPD
15 There should be periodic inquiry regarding status of evaluations Implemented Human Resources
Finding 2 "HR Policies have not been kept current "
Recommendations
16 There should be a periodic view of HR Policies Implemented Human Resources
17 Ensure that all current policies are on CobWeb Implemented Human Resources
2
8/2/13
Bremerton City Issues
Government Center Finding 1 "No recorded interest of the city's ownership interest"
October 22, 2009
Recommendation
18 Attorney should obtain the proper legal documents to exhibit the city's purchaser Implemented Legal
interest in its condominium units and then ensure they are properly recorded with the county
Finding 2 "Record of Loan Payments"
Recommendation
19 Ensure that the loan payment records of the trustee, KCCHA and city agree N/A Finance
at year end
Finding 3 "Appointment of city representative"
Recommendation
20 Mayor should designate the city s representative as required by Section 14 N/A Finance
and 3 1 of the By Laws
Finding 4 "Encroachment on Right of Way"
Recommendation
21 The city should request that the Association correct the encroachment In Process Mayor
by requesting a right of way permit under Chapter 1102 BMC
Tenant Association Issues
2231 10 Recommendations were made for the City to convey to the Tenant Association N/A Finance
Police Headquarters Finding 1 "The project manager approved change orders in excess of the amount permitted
Building Remodel by the Bremerton Municipal Code without City Council approval '
August 29 2008
Recommendations
32 Project manager should follow BMC when approving change orders N/A Project Administrator
Finding 2 "The Police Department purchased equipment for the budding without following
city procurement regulations "
Recommendations
33 The Police Department should follow the procurement regulations found in BMC 2 76 Implemented Police
3
8/2/13
Take Home Vehicles Finding 1 The City lacks sufficient policies and procedures to properly manage take home
May 8 2008 vehicles City expenses could be reduced by requiring all take home vehicles to be justified
by a sufficient business purpose "
Recommendations
34 The Mayor should institute a review of all take home vehicles and their policies and uses Implemented Mayor
35 A complete set of policies outlining appropriate use and conditions for use should be adopted In Process Mayor
Finding 2 " Internal Revenue Service regulations regarding taxable fringe benefits for use of
employer's vehicles have not been addressed '
Recommendations
36 Administration should ensure that the city is in compliance with the IRS regulations Implemented Finance
Photo Copiers Finding 1 "The Department of Public Works & Utilities did not follow procurement policy in the
March 13 2008 Bremerton Municipal Code when it entered into two leases costing over $25,000 each "
Recommendations
37 Departments should follow BMC regarding contract procurement approval Implemented Public Works
Finding 2 "The city could save money by having someone manage or coordinate the
copier procurement "
Recommendations
38 The Mayor could direct a central division such as IT, to coordinate procurement to reduce costs Implemented Mayor
Status of Audits Conducted from 2008 to 2012 for the City of Bremerton
Audit R eport Reports With Observations & Recommendations status Department
Public Works Fleet Observations
4
8/2/13
November 28 2012 40 Consider surplussmg tailgate conveyor purchased in 2008 for $11768 but never used Implemented Public Works
41 Consider paying mileage to engineering employees and evaluate need for additional Disagreed Public Works
City vehicles
Overhead Cost Allocation Recommendations
June 15 2012 42 Prepare a written overhead cost allocation plan Disagreed Finance
43 Review the allocations and costs of operation of ESD including overhead and work order hours Under Review Finance
44 Review and make necessary corrections to the insurance statement of values Implemented Risk Management
45 Review methods used to allocate some of the overhead costs In Process Finance
Fuel Purchases Recommendations
June 15, 2012 46 All departments should have a system in place to monitor their fuel purchases Partially Implemented Mayor
47 Managers need data such as odometer readings and miles /gallon computed Implemented Mayor, Public Works, IT
to perform the monitoring on the COBWEB fuel page
48 Management should establish an overall policy and procedure to ensure adequate monitoring In Process Mayor, Public Works
Assign responsibility to one person for the overall fuel operation
49 Fire Department data should be downloaded automatically to the fuel system Implemented Fire
Unpaid Parking Infractions Recommendations
October 28, 2011 50 Review the unpaid parking infraction process, and assign one employee to coordinate and Implemented Finance
oversee the entire process and improve the collection process
51 The software system used to manage the parking system should include a routine In Process Finance & Municipal Court
to identify vehicles with multiple unpaid infractions
52 Consider utilizing BMC 10 11 050 to declare multiple offenders vehicles a nuisance Implemented Police
and impound vehicles (Ordinance No 5206 passed 3/20/13)
53 The option of using the Police Department's license plate reading device should be explored Declined Police
to locate vehicles with many unpaid tickets
Public Safety Bond Information Only
July 21, 2011
5
8/2/13
Gold Mountain Golf Course 54 -70 17 Recommendations were superseded by newly adopted agreements
Agreements with Columbia Hospitality
June 30, 2011
Parking Citation Processing Other Item
April 29, 2011 71 Correct BMC 10 11 050 entitled Parking Enforcement to allow the City Attorney discretion Implemented Legal & Finance
(rather than require) when to provide notice to offenders (Ordinance No 5206 passed 3/20/13)
Fixed Asset Records Recommendations
March 10, 2011 72 Update the "Capitalization Threshold" Policy 1 20 01 (last revision 9/9/97) Not Implemented Finance
73 Improve fixed asset records to enable users to better identify assets to be capitalized Implemented Finance
74 Establish written procedures for disposal of old and obsolete items not suitable for resale In Process Mayor
75 An annual asset inventory should be provided to departments and an explanation should be Partially Implemented Finance
required for any missing items
Equipment Rental Reserve Other Issues
Fund 510 76 Improve the Fuel Page on CobWeb by separating out Water Wastewater, and Stormwater Implemented Public Works
September 10, 2010 vehicles
77 Review and make recommendations regarding maintenance costs as part of budget preparation Implemented Public Works
Harborside Project Other Items
April 26, 2010 78 Administration should finalize the lease for Memorial Plaza Implemented Mayor /Legal
79 Parties providing input to agenda bills should ensure documentation is provided for each N/A N/A
contract change requested
Cell Phones and Pagers Recommendations
May 21 2010 80 Assign responsibility to coordinate or oversee purchases /rentals and management Implemented Mayor
of cell phones and pagers
6
8/2/13
81 Update "City Telephone" Policy 3 10 12 (last revision 11/5/05) In Process Finance
82 Periodically review the cell phone stipends program In Process Finance
83 Review compliance with IRS regulations Implemented Finance
Human Resources Division Other Recommendations & Policy Issues
December 11, 2009 84 BMC Chapter 2 28 Equal Employment Opportunity Program should be reviewed In Process Human Resources /Legal
to ensure compliance with state law (last revision Ordinance No 4165, passed 7/20/88)
85 Clarify BMC Chapter 2 46 "Employee Award Program" (last revision Ordinance No 4995) In Process Human Resources /Legal
( passed 1/17/07)
86 Repeal HR Policy 3 40 09 (duplicates BMC 2 46) Implemented Human Resources
87 Coordinate the issuance and documentation of receipt of IT acknowledgement forms Implemented Human Resources
88 Ensure that current employees receive and acknowledge receipt of new policies Implemented Human Resources
89 Move "Workers Compensation" Policy 3 10 10 from Human Resources to Implemented Finance
Risk Management within the Policy and Procedures Manual
90 Ensure that all current policies are on CobWeb Implemented Human Resources
91 The budding association should keep accurate records of master keys Implemented Budding Association
Parks and Recreation Recommendations
Receipting Procedures 92 A cash register, together with some small changes in procedure, would improve Implemented Parks
June 26, 2009 efficiency and accountability at the Sheridan Park office
93 The Jarstad Aquatics Center should make two changes in procedure to improve accountability Implemented Parks
94 The procedure for receipting donations needs to followed Implemented Parks
95 Update "Cashiers Change Fund" Policy 1 10 03 (last revision 8/96) Not Implemented Finance
Fire Department Recommendations
EMS Revenue Procedures 96 The correct legal name of the service bureau should be determined and any Implemented Fire
7
8/2/13
June 26 2009 assignment approvals should be executed by the city and the contractor
97 Systems Design should be requested to provide the required Certificate Implemented Fire
of Insurance as soon as possible
98 Determine if there is risk regarding data storage, then enter into an agreement Implemented Fire
or contract if needed
99 Inquire about City's decision to not turn over unpaid ambulance accounts to collections Declined Fire
100 BMC Chapter 18 06 "Ambulance Services" should be considered for revision Implemented Fire
City Telephone System Recommendations
April 9 2009 101 "City Owned Phones" Policy 3 10 12 should be revised to provide guidelines for use and In Process Finance
reimbursement for other than de mmimis costs
102 Remove unnecessary committees & reports from the policy In Process Finance
103 Assign responsibility for overall management of telephones Implemented Mayor
104 Change cost allocation procedures so each department pays for actual long distance costs Implemented Finance
105 Departments should review monthly invoices to verify appropriateness of expenditures N/A N/A
Financial & Management Issues
106 The rate structure to the various departments could be constructed to recover all Implemented Finance
telephonic maintenance costs
107 Verify the ability of the standby generator at Police HQ to operate on battery power Implemented Public Works
108 Equipment and line charges could be provided to departments annually as part N/A Finance
of the budget process which would improve accountability and provide for better transparency
2008 Audit Report Follow Up For 2004 16 of 19 recommendations were implemented
December 12 2008
For 2005 12 of 22 recommendations were implemented
For 2006, 18 of 25 recommendations were implemented
For 2007, 36 of 68 recommendations were implemented
8
8/2/13
Police Headquarters Other Matters
Building Remodel 109 There was no evidence that an inspection was done prior to the expiration of the warranty N/A Project Administrator
August 29, 2008 period
110 Stand by power for the evidence annex was not included in the project Implemented Police
Code Enforcement No Findings or Recommendations
June 21, 2008
9
______________________________________________________________
CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 Phone (360) 473-5280
AUGUST 14, 2013
CITY COUNCIL STUDY SESSION & EXEMPT CLOSED SESSION
Beginning at 5:00 PM 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 August 21, 2013 Council Meeting Agenda:
A. NO PRESENTATION PLANNED - The following items are budgeted items or have been
reviewed by the appropriate Council Committee:
1. Purchase or Lease of four (4) Parking Citation Handheld Devices
2. Purchase of an Emergency Generator for Pump Station KL-2 from Cummins Northwest LLC
3. Resolution to allow the transfer of 5-feet of City Property to Right-of-Way along Taft Avenue
and 19th Street
4. Award Goods & Services Agreement to Olson Brothers Pro-Vac LLC of Puyallup
B. FULL PRESENTATION ITEMS
5. Summary of 5-Year Audit Report and Current Status - Gary Nystul, Internal Auditor
(Information only...)
6. Award Consultant Contract to Grey & Osborne, Inc. for the Design of the Lower Wheaton
Way Project
7. Recreation & Conservation Office (RCO) Grant Agreement for Evergreen Rotary Park
Improvements (Inclusive Playground and ADA accessibility)
8. Community Forestry Grant Agreement with Department of Natural Resources (DNR) for
Evergreen Rotary Park Improvements (Shade and Habitat Trees)
C. GENERAL COUNCIL BUSINESS
1. Audit Committee Briefing (8/8/13 Meeting) – Carol Arends, Chair
2. Public Works Committee Briefing (8/13/13 Meeting) – Adam Brockus, Chair
3. Public Safety & Parks Committee Briefing (8/14/13 Meeting) – Leslie Daugs, Chair
4. Other General Council Business (As necessary….)
D. ADJOURNMENT OF STUDY SESSION
E. EXEMPT CLOSED SESSION - Update on "Labor Negotiations and Proceedings"
per RCW 42.30.140 (4) (b) No action is anticipated...
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: Purchase or Lease of four (4)
Parking Citation Handheld Devices from
________________
Study Session Date: 8/14/13
COUNCIL MEETING Date: 8/21/13
Department: City Clerk
Presenter: Shannon Corin
Phone: 360-473-5323
SUMMARY: The City issued an RFP for four (4) handheld citation devices closing on July 22, 2013.
The City received four (4) responsive proposals. Staff is currently reviewing proposals. This review
process was not complete at time of submittal of agenda items. A proposal will be selected and
presented to Council by August 14th and a lease or purchase agreement for Council approval by
August 21st. The purchase or lease of the new handhelds will enable staff to track multiple tickets on
a vehicle and integrate data into the current Bremerton Municipal Court database.
ATTACHMENTS: Proposal and Purchase or Lease Agreement (available 8/14 & 8/21)
FISCAL IMPACTS (Include Budgeted Amount): With the bond renewal this year the Parking System
fund realized a savings that will pay for the purchase or lease of the handhelds.
STUDY SESSION AGENDA: ☒ No Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to accept the proposal by _________________and authorize the Mayor to finalize and execute
the purchase or lease agreement with substantially the same terms and conditions as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/25/13
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Purchase of Emergency
Generator for Pump Station KL-2
Study Session Date: 8/14/13
COUNCIL MEETING Date: 8/21/13
Department: PW&U / WWTP
Presenter: Pat Coxon
Phone: 360-473-5448
SUMMARY: The current emergency generator at pump station KL-2 has been in operation since
1976, and we can no longer obtain repair parts for the electronic controls. We received three
proposals for the replacement of the emergency generator. Cummins Northwest was the lowest
responsive proposal for the supply of the new emergency generator, fuel tank and transfer switch, at
a cost of $44,851 (including tax & freight).
ATTACHMENTS: Cummins Northwest proposal for the emergency generator.
FISCAL IMPACTS (Include Budgeted Amount): This purchase is budgeted through the WW Capital
Budget of $85,000 for the replacement of the emergency generator at KL-2. The total purchase price
for the generator, fuel tank and transfer switch is $44,851 (including tax & freight). BARS# 594.35325
STUDY SESSION AGENDA: ☒ No Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION: Move to approve the purchase of an emergency generator, fuel tank
and transfer switch from Cummins Northwest LLC, in the amount of $44,851 (including tax & freight).
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/25/13
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Resolution No. _____ to allow
transfer of 5-feet of City Property to Right of
Way along Taft Avenue and 19th Street
Study Session Date: 8/14/13
COUNCIL MEETING Date: 8/21/13
Department: PW & U – Engineering
Presenter: Chal Martin
Phone: 360-473-5920
SUMMARY: As part of the storm water improvements and future recreational uses of the Anderson
Cove property, the City’s construction project requires the relocation of several utility poles and
construction of sidewalks along Taft Avenue and 19th Street. These features of the project are more
appropriately frontage improvements and should be constructed in street right of way. There is
insufficient space for these improvements in the current right of way and an additional five (5) feet
needs to be dedicated from the City property.
ATTACHMENTS: 1.) Resolution 2.) Exhibit
FISCAL IMPACTS (Include Budgeted Amount): None.
STUDY SESSION AGENDA: ☒ No Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION: Move to adopt Resolution No. ____ to allow transfer of City Property to
Right of Way along Taft Avenue and 19th Street designating the additional five feet along the property
frontage as right of way.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/25/13
Filed for Record at Request of:
When Recorded Return to:
City of Bremerton
City Clerk
345 Sixth Street, Suite 600
Bremerton, WA 98337
Document Title: Resolution
Project Name: Transfer city owned property to the right-of-way for City street system
Developer Name: City of Bremerton
Location: Taft Avenue and 19th Street
Tax Parcel # 112401-3-076-2007 and 112401-3-091-2008
Abbreviated Legal
Description: Portion of Government Lot 6, (SW ¼, SW ¼), Section 11, Township 24 N,
Range 1 E; W.M., situate in Kitsap County, Washington.
RESOLUTION NO. ______
WHEREAS, the City of Bremerton owns property at the northeast corner of 19th Street
and Taft Avenue, and
WHEREAS, the City of Bremerton Department of Public Works and Utilities will be
improving the property for storm water and recreational uses, and
WHEREAS, in order to make these improvements, additional property for right of way is
needed.
BE IT RESOLVED BY THE BREMERTON CITY COUNCIL, that the following
described City of Bremerton property be designated as part of the right-of-way of the City of
Bremerton road system:
The west five (5) feet and the south five feet of the following described parcels:
PARCEL I
PART OF GOVERNMENT LOT 6, SECTION 11, TOWNSHIP 24
NORTH, RANGE 1 EAST, W.M. IN KITSAP COUNTY WASHINGTON,
DESCRIBED AS FOLLOWS:
BEGINNING 753.40 FEET EAST AND 30 FEET NORTH OF THE
SOUTHWEST CORNER OF SAID SECTION 11; THENCE NORTH 100
FEET; THENCE EAST TO MEANDER LINE; THENCE SOUTH ALONG
SAID MEANDER LINE TO A POINT DUE EAST OF THE POINT OF
BEGINNING; THENCE WEST TO THE POINT OF BEGINNING. EXCEPT
THE EAST 60 FEET THEREOF.
PARCEL II
THE EAST 60 FEET OF THAT PART OF GOVERNMENT LOT 6,
SECTION 11 DESCRIBED AS FOLLOWS: BEGINNING 753.40 FEET EAST
AND 30 FEET NORTH OF THE SOUTHWEST CORNER OF SAID SECTION
11; THENCE NORTH 100 FEET; THENCE EAST TO THE MEANDER LINE;
THENCE SOUTH ALONG SAID MEANDER LINE TO A POINT DUE EAST
OF THE POINT OF BEGINNING; THENCE WEST TO THE POINT OF
BEGINNING.
PASSED by City Council of the City of Bremerton this ____ day of ____________,
2013.
_________________________________
GREG WHEELER, Council President
APPROVED this ______ day of _______________, 2013.
_________________________________
PATTY LENT, Mayor
ATTEST:
___________________________
SHANNON CORIN, City Clerk
Approved as to form:
___________________________
ROGER LUBOVICH, City Attorney
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Award Goods & Services
Agreement to Olson Brothers Pro-Vac LLC
of Puyallup
Study Session Date: 8/14/13
COUNCIL MEETING Date: 8/21/13
Department: PW&U
Presenter: Martin & Hamilton
Phone: 473-5758
SUMMARY: Sewer manholes located on the shoreline are covered most of the time with saltwater.
These are critical components to the sewer system and are hard to maintain because of the inability
to access them due to the changing tide levels. The sealing of these manholes will eliminate
saltwater infiltration and will slow the deterioration of the manhole structures. Epoxy products will not
work in this environment, the only product that will work in this application is Strong Seal which is a
calcium aluminate.
Olson Brothers Pro-Vac LLC located in Puyallup, WA are the only contactors in the state to apply this
product, they are on the State Bid List and Small Works Roster. The cost submitted by Pro-Vac is
$25,000 + tax = $27,150
Contractor was authorized to proceed with the repair before Council approval; the project was
completed during the low tides for access to the manholes with a reduction of 50 to 60 per cent of
inflow of saltwater infiltration after completion of the maintenance project.
ATTACHMENTS: 1) Agreement 2) Invoice & Specifications
FISCAL IMPACTS (Include Budgeted Amount): Included in the 2013 Wastewater Capital budget
listed as Saltwater Infiltration Elimination for $75,000.
STUDY SESSION AGENDA: ☒ No Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION: Move to ratify the Pro-Vac goods and services agreement.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/25/13
_______________________________________________________
CITY AUDITOR
August 8, 2013
Honorable Patty Lent Mayor
Members of the City Council
On July 12 I issued a list of audits performed and the implementation status of findings,
recommendations or observations of completed reports. Mayor Lent has reviewed these
items with her staff and has reported their updated status.
Attached is a revised listing with the reported current status. Changes from the original
report are highlighted in yellow. The following status categories are used.
Implemented are findings or recommendations that have been adopted.
In Process are items that the staff has stated they are now working on
Not Implemented are items where there is no current action and were not adopted
N/A is for some topics that are no longer applicable due to various changes in
personnel or situations
Disagreed is when the department did not agree with the recommendation
This report will be discussed at the City Council work session on August 14. Please let
me know if you have any questions.
Sincerely,
Gary W. Nystul
R:\City Auditor\Audit Report Status\Transmittal Aug 2013.docx
Gary W. Nystul CPA CFE
City Auditor
345 Sixth Street Suite 600
Bremerton, WA 98337-1873
360.473.5369
gary.nystul@ci.bremerton.wa.us
8/2/13
REVISED July 29, 2013
Audit Report and Date Reports With Findings and Recommendations Status Department
Parking Citation Processing Finding 1 "Some Instances of procedural problems were noted in the parking system that, when
April 29, 2011 considered in total, could cause some concern about the system on internal control."
Recommendations
1 Develop procedures to review credit balances and processing oversights on a monthly Implemented Municipal Court
or annual basis
2 Establish a procedure to write off cases older than 10 years Implemented Municipal Court
Finding 2 "A number of processing problems have gone undetected in the red light system
because overall monitoring and management of the red light parking ticket program has not
been assigned."
Recommendations
3 Ensure that overall responsibility for red light program has been assigned In Process Finance
4 Contact Redflex to ensure the deficiencies are corrected Implemented Municipal Court & Police
Equipment Rental Reserve Finding 1 "The hardware and software used to account for the vehicles and equipment in ERR
Fund 510 and their depreciation, reserve targets and accumulated reserves is old and will likely fail in the
September 10, 2010 near future with no backup having been identified."
Recommendation
5 Move the ERR vehicle/equipment data to a reliable computer In Process Finance
Finding 2 "The policies for management and operation of the ERR fund adopted by the City
Council and Mayor are not current and should be improved."
Recommendations
6 Amend BMC Section 3.68 "Equipment Rental Reserve Fund" to establish council's desired level Implemented Public Works
of policy regarding value and type of items that may be included in ERR
(Ordinance No. 5120 passed 9/2/10)
7 Update "Equipment Rental" Policy 1-20-02 in the Policy and Procedures Manual to include In Process Public Works
sufficient guidance for the consistent and effective operation of the fleet (last revision 8/96)
Status of Audits Conducted from 2008 to 2012 for the City of Bremerton
1
8/2/13
Finding 3 "A Fleet Policies and Procedures Manual does not exist for the uniform operation and
maintenance of the vehicle and equipment fleet."
Recommendation
8 Adopt a Fleet Policy and Procedures Manual; and post on CobWeb In Process Public Works
Harborside Project Finding 1 "There was no follow up on construction after the project was completed. As a result,
April 26, 2010 warranty items have yet to be addressed."
Recommendation
9 Project manager should follow-up on construction issues N/A Project Administrator
A final review should be done near the end of the warranty period
Finding 2 "City policies and procedures for contracts, sole source contracts, and change orders,
were not followed in some instances."
Recommendation
10 Project manager should follow policies and procedures regarding sole source materials and N/A Project Administrator
for approval of change orders
Finding 3 "Some tasks required to complete these construction projects have yet to be
completed although the projects were substantially completed many months ago."
Recommendation
11 Support should be provided to the Parks department to complete unfinished items Implemented Mayor
Finding 4 "The language of the Building 50 lease with the Navy could be improved."
Recommendation
12 The responsible department for the Building 50 lease should clarify the terms In process Mayor
Human Resources Division Finding 1 "A significant number of employee evaluations are past due."
December 11, 2009
Recommendations
13 Tone must be set that timely personnel evaluations by management are performed Implemented Mayor
14 Appropriate forms should be developed to evaluate Public Safety positions In Process Human Resources, BPD
15 There should be periodic inquiry regarding status of evaluations Implemented Human Resources
Finding 2 "HR Policies have not been kept current."
2
8/2/13
Recommendations
16 There should be a periodic view of HR Policies Implemented Human Resources
17 Ensure that all current policies are on CobWeb Implemented Human Resources
Bremerton City Issues
Government Center Finding 1 ... "No recorded interest of the city's ownership interest"
October 22, 2009
Recommendation
18 Attorney should obtain the proper legal documents to exhibit the city's purchaser Implemented Legal
interest in its condominium units and then ensure they are properly recorded with the county
Finding 2 …"Record of Loan Payments"
Recommendation
19 Ensure that the loan payment records of the trustee, KCCHA and city agree N/A Finance
at year end
Finding 3…"Appointment of city representative"
Recommendation
20 Mayor should designate the city’s representative as required by Section 1.4 N/A Finance
and 3.1 of the By-Laws
Finding 4…"Encroachment on Right-of-Way"
Recommendation
21 The city should request that the Association correct the encroachment In Process Mayor
by requesting a right-of-way permit under Chapter 11.02 BMC
Tenant Association Issues
22-31 10 Recommendations were made for the City to convey to the Tenant Association N/A Finance
Police Headquarters Finding 1 "The project manager approved change orders in excess of the amount permitted
Building Remodel by the Bremerton Municipal Code without City Council approval."
August 29, 2008
Recommendations
32 Project manager should follow BMC when approving change orders N/A Project Administrator
3
8/2/13
Finding 2 "The Police Department purchased equipment for the building without following
city procurement regulations."
Recommendations
33 The Police Department should follow the procurement regulations found in BMC 2.76 Implemented Police
Take Home Vehicles Finding 1 "The City lacks sufficient policies and procedures to properly manage take home
May 8, 2008 vehicles. City expenses could be reduced by requiring all take home vehicles to be justified
by a sufficient business purpose."
Recommendations
34 The Mayor should institute a review of all take home vehicles and their policies and uses Implemented Mayor
35 A complete set of policies outlining appropriate use and conditions for use should be adopted In Process Mayor
Finding 2 " Internal Revenue Service regulations regarding taxable fringe benefits for use of
employer's vehicles have not been addressed."
Recommendations
36 Administration should ensure that the city is in compliance with the IRS regulations Implemented Finance
Photo Copiers Finding 1 "The Department of Public Works & Utilities did not follow procurement policy in the
March 13, 2008 Bremerton Municipal Code when it entered into two leases costing over $25,000 each."
Recommendations
37 Departments should follow BMC regarding contract procurement approval Implemented Public Works
Finding 2 "The city could save money by having someone manage or coordinate the
copier procurement."
Recommendations
38 The Mayor could direct a central division, such as IT, to coordinate procurement to reduce costs Implemented Mayor
4
8/2/13
Status of Audits Conducted from 2008 to 2012 for the City of Bremerton
Audit Report Reports With Observations & Recommendations Status Department
Public Works Fleet Observations
November 28, 2012 40 Consider surplussing tailgate conveyor, purchased in 2008 for $11,768 but never used Implemented Public Works
41 Consider paying mileage to engineering employees and evaluate need for additional Disagreed Public Works
City vehicles
Overhead Cost Allocation Recommendations
June 15, 2012 42 Prepare a written overhead cost allocation plan Disagreed Finance
43 Review the allocations and costs of operation of ESD including overhead and work order hours Under Review Finance
44 Review and make necessary corrections to the insurance statement of values Implemented Risk Management
45 Review methods used to allocate some of the overhead costs In Process Finance
Fuel Purchases Recommendations
June 15, 2012 46 All departments should have a system in place to monitor their fuel purchases Partially Implemented Mayor
47 Managers need data such as odometer readings and miles/gallon computed Implemented Mayor, Public Works, IT
to perform the monitoring on the COBWEB fuel page
48 Management should establish an overall policy and procedure to ensure adequate monitoring;In Process Mayor, Public Works
Assign responsibility to one person for the overall fuel operation
49 Fire Department data should be downloaded automatically to the fuel system Implemented Fire
Unpaid Parking Infractions Recommendations
October 28, 2011 50 Review the unpaid parking infraction process; and assign one employee to coordinate and Implemented Finance
oversee the entire process and improve the collection process
5
8/2/13
51 The software system used to manage the parking system should include a routine In Process Finance & Municipal Court
to identify vehicles with multiple unpaid infractions
52 Consider utilizing BMC 10.11.050 to declare multiple offenders’ vehicles a nuisance Implemented Police
and impound vehicles (Ordinance No. 5206 passed 3/20/13)
53 The option of using the Police Department's license plate reading device should be explored Declined Police
to locate vehicles with many unpaid tickets
Public Safety Bond Information Only
July 21, 2011
Gold Mountain Golf Course 54-70 17 Recommendations were superseded by newly adopted agreements
Agreements with Columbia Hospitality
June 30, 2011
Parking Citation Processing Other Item
April 29, 2011 71 Correct BMC 10.11.050 entitled ”Parking Enforcement” to allow the City Attorney discretion Implemented Legal & Finance
(rather than require) when to provide notice to offenders (Ordinance No. 5206 passed 3/20/13)
Fixed Asset Records Recommendations
March 10, 2011 72 Update the "Capitalization Threshold" Policy 1-20-01 (last revision 9/9/97)Not Implemented Finance
73 Improve fixed asset records to enable users to better identify assets to be capitalized Implemented Finance
74 Establish written procedures for disposal of old and obsolete items not suitable for resale In Process Mayor
75 An annual asset inventory should be provided to departments and an explanation should be Partially Implemented Finance
required for any missing items
Equipment Rental Reserve Other Issues
Fund 510 76 Improve the Fuel Page on CobWeb by separating out Water, Wastewater, and Stormwater Implemented Public Works
September 10, 2010 vehicles
77 Review and make recommendations regarding maintenance costs as part of budget preparation Implemented Public Works
6
8/2/13
Harborside Project Other Items
April 26, 2010 78 Administration should finalize the lease for Memorial Plaza Implemented Mayor/Legal
79 Parties providing input to agenda bills should ensure documentation is provided for each N/A N/A
contract change requested
Cell Phones and Pagers Recommendations
May 21, 2010 80 Assign responsibility to coordinate or oversee purchases/rentals and management Implemented Mayor
of cell phones and pagers
81 Update "City Telephone" Policy 3-10-12 (last revision 11/5/05)In Process Finance
82 Periodically review the cell phone stipends program In Process Finance
83 Review compliance with IRS regulations Implemented Finance
Human Resources Division Other Recommendations & Policy Issues
December 11, 2009 84 BMC Chapter 2.28 “Equal Employment Opportunity Program should be reviewed In Process Human Resources/Legal
to ensure compliance with state law (last revision Ordinance No. 4165, passed 7/20/88)
85 Clarify BMC Chapter 2.46 “Employee Award Program” (last revision Ordinance No. 4995) In Process Human Resources/Legal
(…passed 1/17/07)
86 Repeal HR Policy 3-40-09 (duplicates BMC 2.46)Implemented Human Resources
87 Coordinate the issuance and documentation of receipt of IT acknowledgement forms Implemented Human Resources
88 Ensure that current employees receive and acknowledge receipt of new policies Implemented Human Resources
89 Move "Workers Compensation" Policy 3-10-10 from Human Resources to Implemented Finance
Risk Management within the Policy and Procedures Manual
90 Ensure that all current policies are on CobWeb Implemented Human Resources
91 The building association should keep accurate records of master keys Implemented Building Association
7
8/2/13
Parks and Recreation Recommendations
Receipting Procedures 92 A cash register, together with some small changes in procedure, would improve Implemented Parks
June 26, 2009 efficiency and accountability at the Sheridan Park office
93 The Jarstad Aquatics Center should make two changes in procedure to improve accountability Implemented Parks
94 The procedure for receipting donations needs to followed Implemented Parks
95 Update "Cashiers Change Fund" Policy 1-10-03 (last revision 8/96)Not Implemented Finance
Fire Department Recommendations
EMS Revenue Procedures 96 The correct legal name of the service bureau should be determined and any Implemented Fire
June 26, 2009 assignment approvals should be executed by the city and the contractor
97 Systems Design should be requested to provide the required Certificate Implemented Fire
of Insurance as soon as possible
98 Determine if there is risk regarding data storage, then enter into an agreement Implemented Fire
or contract if needed
99 Inquire about City's decision to not turn over unpaid ambulance accounts to collections Declined Fire
100 BMC Chapter 18.06 "Ambulance Services" should be considered for revision Implemented Fire
City Telephone System Recommendations
April 9, 2009 101 "City Owned Phones" Policy 3-10-12 should be revised to provide guidelines for use and In Process Finance
reimbursement for other than de minimis costs
102 Remove unnecessary committees & reports from the policy In Process Finance
103 Assign responsibility for overall management of telephones Implemented Mayor
104 Change cost allocation procedures so each department pays for actual long distance costs Implemented Finance
105 Departments should review monthly invoices to verify appropriateness of expenditures N/A N/A
Financial & Management Issues
106 The rate structure to the various departments could be constructed to recover all Implemented Finance
telephonic maintenance costs
8
8/2/13
107 Verify the ability of the standby generator at Police HQ to operate on battery power Implemented Public Works
108 Equipment and line charges could be provided to departments annually as part N/A Finance
of the budget process which would improve accountability and provide for better transparency
2008 Audit Report Follow-Up For 2004, 16 of 19 recommendations were implemented
December 12, 2008
For 2005, 12 of 22 recommendations were implemented
For 2006, 18 of 25 recommendations were implemented
For 2007, 36 of 68 recommendations were implemented
Police Headquarters Other Matters
Building Remodel 109 There was no evidence that an inspection was done prior to the expiration of the warranty N/A Project Administrator
August 29, 2008 period
110 Stand-by power for the evidence annex was not included in the project Implemented Police
Code Enforcement No Findings or Recommendations
June 21, 2008
9
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Consultant Contract Award for
Design of the Lower Wheaton Way Project
to Grey & Osborne, Inc.
Study Session Date: 8/14/13
COUNCIL MEETING Date: 8/21/13
Department: PW & U
Presenter: Chal Martin
Phone: 360-473-5758
SUMMARY: The City received funding from the Transportation Improvement Board (TIB) to make
bicycle and pedestrian improvements on Lower Wheaton Way from the Manette Bridge to Lebo
Boulevard. The project includes revising the current roadway section from the current 18-foot drive
lanes and sporatic sidewalk, to 12-foot drive lanes with 5-foot bike lanes, landscaping, stormwater,
sanitary and water main improvements, and a continuous sidewalk on the waterside which will
continue the bridge-to-bridge urban trail.
The City requested proposals from five consultants, of which three interviewed and Grey & Osborne
was selected as the designer.
ATTACHMENTS: 1) Summary 2) Agreement
FISCAL IMPACTS (Include Budgeted Amount): This project is grant funded with a 20% City match
for the street improvements, and the respective City utilities reimbursing for their portion of the work.
STUDY SESSION AGENDA: ☐ No Presentation ☒ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve the consultant contract with Grey & Osborne, Inc. for the design of the Lower
Wheaton Way Project 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 01/25/13
City of Bremerton Page 1 of 1
Lower Wheaton Way
LOWER WHEATON WAY
COUNCIL SUMMARY
Contract Summary
In 2010, the City received a $1,368,084 grant from the Transportation Improvement
Board (TIB) to construct pedestrian and bicycle improvements on Lower Wheaton Way
from the new round-about at the east end of the Manette Bridge to Lebo Blvd. The grant
scope includes overlay of the roadway, installation of curb and gutter on both sides, and
sidewalks on the water/west side. The new sidewalk will typically be 10-0ft wide, and
will construct most of the east Bremerton portion of the bridge to bridge trail. In some
locations where it isn’t practical or possible to install the 10-ft sidewalk, 5-ft minimum
width sidewalks will be constructed on both sides of the roadway.
In evaluating the utilities along the project route, staff determined it is in the best interest
of the City to replace portions of the existing water mains, along with some existing
stormwater mains. In addition, a portion of the new stormwater conveyance from the
East Park Development to the outfall in the Port Washington Narrows will be evaluated
and installed.
The consultant scope of work includes design of the street and watermain
improvements, and an evaluation of the best location to discharge stormwater from the
Eastpark Development. The evaluation will consider the existing outfall condition, and
will design the new outfall.
Fiscal Summary
The total project budget for the streetscape improvements per the TIB Grant is
$1,710,135; the grant funds the project at 80%. The grant funds are identified at
$95,272 for design and $1,272,812 for construction. Replacement, and a portion of the
East Park Stormwater Outfall project will be constructed with Streetscape improvements.
Budgets and costs are as follows:
FUND PROJECT
BUDGET
SPENT TO
DATE
REMAINING
BUDGET
CONSULTANT
CONTRACT
Lower Wheaton
Way Fund: (Street
Improvements
$1,710,135 (1) $28,369 $1,681,766 $95,090
Stormwater Fund:
(East Park Storm-
water Outfall)
$900,000 (2) $0 $900,000 $53,153
Water Fund
(Water Main
Replacement)
$100,000 (3) $0 $100,000 $14,735
TOTAL $2,710,135 $28,369 $2,681,766 $162,978
Notes:
1) Total project budget per the TIB Grant is shown.
2) The East Park Stormwater Outfall project includes construction in Wheaton Way;
therefore a portion of the project will be constructed with the Lower Wheaton
Way construction project.
3) Budget for the water mains to be replaced is in the Substandard Main budget line
item.
Form 190-016 Revised Oct 2001 Page 1 of 24 TIB
Transportation Improvement Board (TIB) Consultant Agreement
TIB PROJECT NUMBER
8-2-152(025)-1
PROJECT PHASE (check one) Design Construction
PROJECT TITLE & WORK DESCRIPTION
Lower Wheaton Way (Manette Bridge to Lebo Boulevard)
Preliminary and final design (PS&E), as well as, geotechnical, environmental (SEPA), and bid and award services.
CONSULTANT NAME & ADDRESS
Gray & Osborne, Inc. 701 Dexter Avenue North, Suite 200, Seattle, Washington 98109
AGREEMENT TYPE (check one)
LUMP SUM $________________________________
COST PLUS FIXED FEE OVERHEAD PROGRESS PAYMENT RATE 180%
OVERHEAD COST METHOD Actual Cost
Actual Cost Not To Exceed _________ %
Fixed Rate ______%
FIXED FEE $21,414
SPECIFIC RATES OF PAY Negotiated Hourly Rate
Provisional Hourly Rate
COST PER UNIT WORK
DBE PARTICIPATION
Yes No _______________%
WBE PARTICIPATION
Yes No _______________%
COMPLETION DATE
February 28, 2014
MAXIMUM AMOUNT PAYABLE
$187,480
THIS AGREEMENT, made and entered into this _____________________ day of _____________, 2013, between the City of Bremerton, Kitsap County, Washington,
hereinafter called the AGENCY, and the above organization hereinafter called the CONSULTANT. The Transportation Improvement Board hereinafter called the TIB,
administers the following accounts: Urban Arterial Trust Account funds, Transportation Improvement Account funds, Small City Account funds, and City Hardship
Assistance Account funds.
WITNESSETH THAT:
WHEREAS, the AGENCY desires to accomplish the above referenced project, with the aid of TIB funds in conformance with the rules and regulations promulgated by the
TIB; and
WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a
CONSULTANT to provide the necessary services for the PROJECT; and
WHEREAS, the CONSULTANT represents that he/she is in compliance with the Washington State Statutes relating to professional registration, if applicable, and has
signified a willingness to furnish Consulting services to the AGENCY,
NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached and incorporated and made a part hereof, the
parties hereto agree as follows:
I
GENERAL DESCRIPTION OF WORK
The work under this AGREEMENT shall consist of the above described work and
services as herein defined and necessary to accomplish the completed work for
this PROJECT. The CONSULTANT shall furnish all services, labor and related
equipment necessary to conduct and complete the work as designated elsewhere
in this AGREEMENT.
II
SCOPE OF WORK
The Scope of Work and project level of effort for this project is detailed in Exhibit B
attached hereto, and by this reference made a part of this AGREEMENT.
Transportation Improvement Board (TIB)
Consultant Agreement
Form 190-016 Revised Oct 2001 Page 2 of 24 TIB
III
GENERAL REQUIREMENTS
All aspects of coordination of the work of this AGREEMENT, with outside
agencies, groups or individuals shall receive advance approval by the AGENCY.
Necessary contacts and meetings with agencies, groups or individuals shall be
coordinated through the AGENCY.
The CONSULTANT shall attend coordination, progress and presentation
meetings with the AGENCY or such Federal, Community, State, City or County
officials, groups or individuals as may be requested by the AGENCY. The
AGENCY will provide the CONSULTANT sufficient notice prior to meetings
requiring CONSULTANT participation. The minimum number of hours or days
notice required shall be agreed to between the AGENCY and the CONSULTANT
and shown in Exhibit B attached hereto and made part of this AGREEMENT. The
CONSULTANT shall prepare a monthly progress report, in a form approved by
the AGENCY, that will outline in written and graphical form the various phases and
the order of performance of the work in sufficient detail so that the progress of the
work can easily be evaluated. Goals for Disadvantaged Business Enterprises
(DBE), Minority Business Enterprises (MBE), and Women-owned Business
Enterprises (WBE) if required shall be shown in the heading of this Agreement.
The original copies of all reports, PS&E, and other data furnished to the
CONSULTANT by the AGENCY shall be returned. All designs, drawings,
specifications, documents, and other work products prepared by the
CONSULTANT prior to completion or termination of this AGREEMENT are
instruments of service for the PROJECT and are property of the AGENCY. Reuse
by the AGENCY or by others acting through or on behalf of the AGENCY of any
such instruments of service, not occurring as a part of this PROJECT, shall be
without liability of legal exposure to the CONSULTANT.
IV
TIME FOR BEGINNING AND COMPLETION
The CONSULTANT shall not begin any work under the terms of this
AGREEMENT until authorized in writing by the AGENCY. All work under this
AGREEMENT shall be completed by the date shown in the heading of this
AGREEMENT under completion date.
The established completion time shall not be extended because of any delays
attributable to the CONSULTANT, but may be extended by the AGENCY, in the
event of a delay attributable to the AGENCY, or because of unavoidable delays
caused by an act of GOD or governmental actions or other conditions beyond the
control of the CONSULTANT. A prior supplemental agreement issued by the
AGENCY is required to extend the established completion time.
V
PAYMENT
The CONSULTANT shall be paid by the AGENCY for completed work and
services rendered under this AGREEMENT as provided in Exhibit C attached
hereto, and by this reference made part of this AGREEMENT. Such payment shall
be full compensation for work performed or services rendered and for all labor,
materials, supplies, equipment, and incidentals necessary to complete the work
specified in Section II, Scope of Work.
VI
SUBCONTRACTING
The AGENCY permits subcontracts for those items of work as shown in Exhibit G
to this Agreement. Compensation for this subconsultant work shall be based on
the cost factors shown on Exhibit G, attached hereto and by this reference made a
part of this AGREEMENT.
The work of the subconsultant shall not exceed its maximum amount payable
unless a prior written approval has been issued by the AGENCY.
All reimbursable direct labor, overhead, direct non-salary costs and fixed fee costs
for the subconsultant shall be substantiated in the same manner as outlined in
Section V. All subcontracts exceeding $10,000 in cost shall contain all applicable
provisions of this AGREEMENT.
The CONSULTANT shall not subcontract for the performance of any work under
this AGREEMENT without prior written permission of the AGENCY. No
permission for subcontracting shall create, between the AGENCY and
subcontractor, any contract or any other relationship.
VII
EMPLOYMENT
The CONSULTANT warrants that he/she has not employed or retained any
company or person, other than a bona fide employee working solely for the
CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed
to pay any company or person, other than a bona fide employee working solely for
the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any
other consideration, contingent upon or resulting from the award or making of this
contract. For breach or violation of this warrant, the AGENCY shall have the right
to annul this AGREEMENT without liability, or in its discretion, to deduct from the
AGREEMENT price or consideration or otherwise recover the full amount of such
fee, commission, percentage, brokerage fee, gift, or contingent fee.
Any and all employees of the CONSULTANT or other persons while engaged in
the performance of any work or services required of the CONSULTANT under this
AGREEMENT, shall be considered employees of the CONSULTANT only and not
of the AGENCY, and any and all claims that may or might arise under any
Worker's Compensation Act on behalf of said employees or other persons while
so engaged, and any and all claims made by a third party as a consequence of
any act or omission on the part of the CONSULTANTs employees or other
persons while so engaged on any of the work or services provided to be rendered
herein, shall be the sole obligation and responsibility of the CONSULTANT.
The CONSULTANT shall not engage, on a full or part time basis, or other basis,
during the period of the contract, any professional or technical personnel who are,
or have been, at any time during the period of the contract, in the employ of the
STATE, or the AGENCY, except regularly retired employees, without written
consent of the public employer of such person.
VIII
NONDISCRIMINATION
The CONSULTANT agrees not to discriminate against any client, employee or
applicant for employment or for services because of race, creed, color, national
origin, marital status, sex, age or handicap except for a bona fide occupational
qualification with regard to, but not limited to the following: employment upgrading,
demotion or transfer, recruitment or any recruitment advertising, layoffs or
terminations, rates of pay or other forms of compensation, selection for training,
rendition of services. The CONSULTANT understands and agrees that if it
violates this provision, this AGREEMENT may be terminated by the AGENCY and
further that the CONSULTANT shall be barred from performing any services for
the AGENCY now or in the future unless a showing is made satisfactory to the
AGENCY that discriminatory practices have terminated and that recurrence of
such action is unlikely.
During the performance of this AGREEMENT, the CONSULTANT, for itself, its
assignees, and successors in interest agrees as follows:
A. COMPLIANCE WITH REGULATIONS: The CONSULTANT shall comply
with the Regulations relative to nondiscrimination in the same manner as in
Transportation Improvement Board (TIB)
Consultant Agreement
Form 190-016 Revised Oct 2001 Page 3 of 24 TIB
Federally-assisted programs of the Department of Transportation, Title 49,
Code of Federal Regulations, Part 21, as they may be amended from time
to time, (hereinafter referred to as the Regulations), which are herein
incorporated by reference and made a part of this AGREEMENT.
B. NONDISCRIMINATION: The CONSULTANT, with regard to the work
performed by it during the AGREEMENT, shall not discriminate on the
grounds of race, creed, color, sex, age, marital status, national origin or
handicap except for a bona fide occupational qualification in the selection
and retention of subconsultants, including procurements of materials and
leases of equipment. The CONSULTANT shall not participate either directly
or indirectly in the discrimination prohibited by Section 21.5 of the
Regulations, including employment practices when the contract covers a
program set forth in Appendix II of the Regulations.
C. SOLICITATIONS FOR SUBCONSULTANTS, INCLUDING
PROCUREMENTS OF MATERIALS AND EQUIPMENT: In all solicitations
either by competitive bidding or negotiation made by the CONSULTANT for
work to be performed under a subcontract, including procurements of
materials or leases of equipment, each potential subconsultant or supplier
shall be notified by the CONSULTANT of the CONSULTANTs obligations
under this AGREEMENT and the Regulations relative to nondiscrimination
on the grounds of race, creed, color, sex, age, marital status, national origin
and handicap.
D. INFORMATION AND REPORTS: The CONSULTANT shall provide all
information and reports required by the Regulations, or directives issued
pursuant thereto, and shall permit access to its books, records, accounts,
other sources of information, and its facilities as may be determined by the
AGENCY or TIB to be pertinent to ascertain compliance with such
Regulations or directives. Where any information required of the
CONSULTANT is in the exclusive possession of another who fails or
refuses to furnish this information the CONSULTANT shall so certify to the
AGENCY, or the TIB as appropriate, and shall set forth what efforts it has
made to obtain the information.
E. SANCTIONS FOR NONCOMPLIANCE: In the event of the
CONSULTANTs noncompliance with the nondiscrimination provisions of
this AGREEMENT, the AGENCY shall impose such sanctions as it or the
Transportation Improvement Board may determine to be appropriate,
including, but not limited to:
1. Withholding of payments to the CONSULTANT under the
AGREEMENT until the CONSULTANT complies, and/or
2. Cancellation, termination or suspension of the AGREEMENT, in
whole or in part.
F. INCORPORATION OF PROVISIONS: The CONSULTANT shall include
the provisions of paragraphs (A) through (G) in every subcontract, including
procurements of materials and leases of equipment, unless exempt by the
Regulations or directives issued pursuant thereto. The CONSULTANT shall
take such action with respect to any subconsultant or procurement as the
AGENCY or the Transportation Improvement Board may direct as a means
of enforcing such provisions including sanctions for noncompliance;
provided, however, that, in the event a CONSULTANT becomes involved in,
or is threatened with, litigation with a subconsultant or supplier as a result of
such direction, the CONSULTANT may request the AGENCY to enter into
such litigation to protect the interests of the AGENCY, and in addition, the
CONSULTANT may request the TIB to enter into such litigation to protect
the interests of the TIB.
G. UNFAIR EMPLOYMENT PRACTICES: The CONSULTANT shall comply
with RCW 49.60.180 prohibiting unfair employment practices and the
Executive Orders numbered E.O.70-01 and E.O.66-03 of the Governor of
the State of Washington.
IX
TERMINATION OF AGREEMENT
The right is reserved by the AGENCY to terminate this AGREEMENT at any time
upon ten days written notice to the CONSULTANT.
In the event this AGREEMENT is terminated by the AGENCY other than for fault
on the part of the CONSULTANT, a final payment shall be made to the
CONSULTANT as shown in Exhibit F for the type of AGREEMENT used.
No payment shall be made for any work completed after ten days following receipt
by the CONSULTANT of the Notice of Termination. If the accumulated payment
made to the CONSULTANT prior to Notice of Termination exceeds the total
amount that would be due computed as set forth herein above, then no final
payment shall be due and the CONSULTANT shall immediately reimburse the
AGENCY for any excess paid.
In the event the services of the CONSULTANT are terminated by the AGENCY
for fault on the part of the CONSULTANT, the above formula for payment shall not
apply. In such an event, the amount to be paid shall be determined by the
AGENCY with consideration given to the actual costs incurred by the
CONSULTANT in performing the work to the date of termination, the amount of
work originally required which was satisfactorily completed to date of termination,
whether that work is in a form or a type which is usable to the AGENCY at the
time of termination; the cost to the AGENCY of employing another firm to
complete the work required and the time which maybe required to do so, and
other factors which affect the value to the AGENCY of the work performed at the
time of termination. Under no circumstances shall payment made under this
subsection exceed the amount which would have been made using the formula
set forth in the previous paragraph.
If it is determined for any reason that the CONSULTANT was not in default or that
the CONSULTANTs failure to perform is without it or its employees fault or
negligence, the termination shall be deemed to be a termination for the
convenience of the AGENCY in accordance with the provision of this
AGREEMENT.
In the event of the death of any member, partner or officer of the CONSULTANT
or any of its supervisory personnel assigned to the project, or, dissolution of the
partnership, termination other corporation, or disaffiliation of the principally
involved employee, the surviving members of the CONSULTANT hereby agree to
complete the work under the terms of this AGREEMENT, if requested to do so by
the AGENCY. The subsection shall not be a bar to renegotiation of the
AGREEMENT between the surviving members of the CONSULTANT and the
AGENCY, if the AGENCY so chooses.
In the event of the death of any of the parties listed in the previous paragraph,
should the surviving members of the CONSULTANT, with the AGENCYs
concurrence, desire to terminate this AGREEMENT, payment shall be made as
set forth in the second paragraph of this section.
In the event this AGREEMENT is terminated prior to completion, the original
copies of all reports and other data, PS&E materials furnished to the
CONSULTANT by the AGENCY and documents prepared by the CONSULTANT
prior to said termination, shall become and remain the property of the AGENCY
and may be used by it without restriction. Such unrestricted use, not occurring as
a part of this PROJECT, shall be without liability or legal exposure to the
CONSULTANT.
Transportation Improvement Board (TIB)
Consultant Agreement
Form 190-016 Revised Oct 2001 Page 4 of 24 TIB
Payment for any part of the work by the AGENCY shall not constitute a waiver by
the AGENCY of any remedies of any type it may have against the CONSULTANT
for any breach of this AGREEMENT by the CONSULTANT, or for failure of the
CONSULTANT to perform work required of it by the AGENCY. Forbearance of
any rights under the AGREEMENT will not constitute waiver of entitlement to
exercise those rights with respect to any future act or omission by the
CONSULTANT. X
CHANGES OF WORK
The CONSULTANT shall make such changes and revisions in the complete work
of this AGREEMENT as necessary to correct errors appearing therein, when
required to do so by the AGENCY, without additional compensation thereof.
Should the AGENCY find it desirable for its own purposes to have previously
satisfactorily completed work or parts thereof changed or revised, the
CONSULTANT shall make such revisions as directed by the AGENCY. This work
shall be considered as Extra Work and will be paid for as herein provided under
Section XIV.
XI
DISPUTES
Any dispute concerning questions of fact in connection with the work not disposed
of by AGREEMENT between the CONSULTANT and the AGENCY shall be
referred for determination to the Director of Public Works or AGENCY Engineer,
whose decision in the matter shall be final and binding on the parties of this
AGREEMENT, provided however, that if an action is brought challenging the
Director of Public Works or AGENCY Engineer's decision, that decision shall be
subject to the scope of judicial review provided under Washington Case Law. XII VENUE, APPLICABLE LAW AND
PERSONAL JURISDICTION
In the event that either party deems it necessary to institute legal action or
proceedings to enforce any right or obligation under this AGREEMENT, the
parties hereto agree that any such action shall be initiated in the Superior Court of
the State of Washington, situated in the county the AGENCY is located in. The
parties hereto agree that all questions shall be resolved by application of
Washington law and that the parties to such action shall have the right of appeal
from such decisions of the Superior court in accordance with the laws of the State
of Washington. The CONSULTANT hereby consents to the personal jurisdiction of
the Superior Court of the State of Washington, situated in the county the AGENCY
is located in. XIII
LEGAL RELATIONS AND INSURANCE
The CONSULTANT shall comply with all Federal, State, and local laws and
ordinances applicable to the work to be done under this AGREEMENT. This
AGREEMENT shall be interpreted and construed in accord with the laws of
Washington.
The CONSULTANT shall indemnify and hold the AGENCY and the STATE of
Washington, and their officers and employees harmless from and shall process
and defend at its own expense all claims, demands, or suits at law or equity
arising in whole or in part from the CONSULTANT’s negligence or breach of any
of its obligations under this AGREEMENT; provided that nothing herein shall
require a CONSULTANT to indemnify the AGENCY and the STATE against and
hold harmless the AGENCY and the STATE from claims, demands or suits based
solely upon the conduct of the AGENCY and the STATE, their agents, officers and
employees and provided further that if the claims or suits are caused by or result
from the concurrent negligence of (a) the CONSULTANT’s agents or employees
and (b) the AGENCY and the STATE, their agents, officers and employees, this
indemnity provision with respect to (1) claims or suits based upon such
negligence, (2) the costs to the AGENCY and the STATE of defending such
claims and suits, etc. shall be valid and enforceable only to the extent of the
CONSULTANT’s negligence or the negligence of the CONSULTANT’s agents or
employees.
The CONSULTANT’s relation to the AGENCY shall be at all times as an
independent contractor.
The CONSULTANT specifically assumes potential liability for actions brought by
the CONSULTANT’s own employees against the AGENCY and, solely for the
purpose of this indemnification and defense, the CONSULTANT specifically
waives any immunity under the state industrial insurance law, Title 51 RCW. The
CONSULTANT recognizes that this waiver was specifically entered into pursuant
to the provisions of RCW 4.24.115 and was the subject of mutual negotiation.
Unless otherwise specified in the AGREEMENT, the AGENCY shall be
responsible for administration of construction contracts, if any, on the project.
Subject to the processing of an acceptable, supplemental agreement, the
CONSULTANT shall provide on-call assistance to the AGENCY during contract
administration. By providing such assistance, the CONSULTANT shall assume no
responsibility for: proper construction techniques, job site safety, or any
construction contractor’s failure to perform Its work in accordance with the contract
documents.
The CONSULTANT shall obtain and keep in force during the terms of the
AGREEMENT, or as otherwise required, the following insurance with companies
or through sources approved by the State Insurance Commissioner pursuant to
RCW 48.
Insurance Coverage
A. Worker’s compensation and employer’s liability insurance as required by the
STATE.
B. General commercial liability insurance in an amount not less than a single limit
of one million and 00/100 Dollars ($1,000,000.00) for bodily injury, including death
and property damage per occurrence.
Excepting the Worker’s Compensation insurance and any professional liability
insurance secured by the CONSULTANT, the AGENCY will be named on all
certificates of insurance as an additional insured. The CONSULTANT shall furnish
the AGENCY with verification of insurance and endorsements required by this
AGREEMENT. The AGENCY reserves the right to require complete, certified
copies of all required insurance policies at any time. CONSULTANT’S insurance
shall be primary and non-contributory with any other insurance and/or self-
insurance.
All insurance shall be obtained from an insurance company authorized to do
business in the State of Washington. The CONSULTANT shall submit a
verification of insurance as outlined above within 14 days of the execution of this
AGREEMENT to the AGENCY. No cancellation of the foregoing policies shall be
effective without thirty (30) days prior notice to the AGENCY.
The CONSULTANT’s professional liability to the AGENCY shall be limited to the
amount payable under this AGREEMENT or one million dollars, whichever is the
greater unless modified by Exhibit H. In no case shall the CONSULTANT’s
professional liability to third parties be limited in any way.
The AGENCY will pay no progress payments under Section V until the
CONSULTANT has fully complied with this section. This remedy is not exclusive;
and the AGENCY and the STATE may take such other action as is available to
them under other provisions of this AGREEMENT, or otherwise in law.
XIV
EXTRA WORK
A. The AGENCY may at any time, by written order, make changes within the
general scope of the AGREEMENT in the services to be performed.
Transportation Improvement Board (TIB)
Consultant Agreement
Form 190-016 Revised Oct 2001 Page 5 of 24 TIB
B. If any such change causes an increase or decrease in the estimated cost of,
or the time required for, performance of any part of the work under this
AGREEMENT, whether or not changed by the order, or otherwise affects
any other terms and conditions of the AGREEMENT, the AGENCY shall
make an equitable adjustment in the (1) maximum amount payable; (2)
delivery or completion schedule, or both; and (3) other affected terms and
shall modify the AGREEMENT accordingly.
C. The CONSULTANT must submit any proposal for adjustment (hereafter
referred to as proposal) under this clause within 30 days from the date of
receipt of the written order. However, if the AGENCY decides that the facts
justify it, the AGENCY may receive and act upon a proposal submitted
before final payment of the AGREEMENT.
D. Failure to agree to any adjustment shall be a dispute under the disputes
clause. However nothing in this clause shall excuse the CONSULTANT
from proceeding with the AGREEMENT as changed.
E. Notwithstanding the terms and condition of paragraphs (a) and (b) above,
the maximum amount payable for this AGREEMENT, shall not be increased
or considered to be increased except by specific written supplement to this
AGREEMENT.
XV
ENDORSEMENT OF PLANS
The CONSULTANT shall place his endorsement on all plans, estimates or any
other engineering data furnished by him.
XVI
TIB AND AGENCY REVIEW
The AGENCY and TIB shall have the right to participate in the review or
examination of the work in progress.
XVII CERTIFICATION OF THE
CONSULTANT AND THE AGENCY
Attached hereto as Exhibit A-1, are the Certifications of the Consultant and the
Agency.
XVIII
COMPLETE AGREEMENT
This document and referenced attachments contains all covenants, stipulations
and provisions agreed upon by the parties. No agent, or representative of either
party has authority to make, and the parties shall not be bound by or be liable for,
any statement, representation, promise or agreement not set forth herein. No
changes, amendments, or modifications of the terms hereof shall be valid unless
reduced to writing and signed by the parties as an amendment to this
AGREEMENT.
XIX
EXECUTION AND ACCEPTANCE
This AGREEMENT may be simultaneously executed in several counterparts,
each of which shall be deemed to be an original having identical legal effect. The
CONSULTANT does hereby ratify and adopt all statements, representations,
warranties, covenants, and agreements contained in the proposal, and the
supporting materials submitted by the CONSULTANT, and does hereby accept
the AGREEMENT and agrees to all of the terms and conditions thereof.
In witness whereof the parties hereto have executed this AGREEMENT as of the day and year first above written.
By By
Tim Osborne, P.E., Vice President/Principal Mayor
Consultant Gray & Osborne, Inc. City of Bremerton
Form 190-016 Revised Oct 2001 Page 6 of 24 TIB
Transportation Improvement Board (TIB) Consul tant Agreement
EXHIBIT A-1
Certification of Consultant
Project No.
8-2-152(025)-1
City/County
City of Bremerton, Kitsap County
I hereby certify that I am Timothy J. Osborne, P.E., a duly authorized representative of the firm of Gray & Osborne, Inc. whose address is
701 Dexter Avenue North, Suite 200, Seattle, Washington 98109 and that neither I nor the above firm I here represent has:
(a) Employed or retained for a commission, percentage, brokerage, contingent fee or other consideration, any firm or person (other than a
bona fide employee working solely for me or the above CONSULTANT) to solicit or secure this contract.
(b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of a firm or person in connection
with carrying out the contract.
(c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above
CONSULTANT) any fee, contribution, donation or consideration of any kind for, or in connection with procuring or carrying out the contract;
except as here expressly stated (if any):
I further certify that the firm I hereby represent is authorized to do business in the State of Washington and that the firm is in full compliance with
requirements of the Board of Professional Registration.
I acknowledge that this certificate is to be available to the Transportation Improvement Board (TIB), in connection with this contract involving
participation of TIB funds and is subject to applicable State and Federal laws, both criminal and civil.
Date Signature – Vice President/Principal
Certification of Agency Official
I hereby certify that I am the AGENCY Official of the City of Bremerton, Washington and that the above consulting firm or his/her representative
has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract to:
(a) Employ or retain, or agree to employ or retain, any firm or person, or
(b) Pay or agree to pay to any firm, person or organization, any fee, contribution, donation or consideration of any kind, except as here
expressly stated (if any).
I acknowledge that this certificate is to be available to the TIB, in connection with this contract involving participation of TIB funds and is subject
to applicable State and Federal laws, both criminal and civil.
Date Signature – Mayor
Transportation Improvement Board (TIB)
Consulta nt Agreement
Form 190-016 Revised Oct 2001 Page 7 of 24 TIB
EXHIBIT B-1
Scope of Work
Project. No.
8-2-152(025)-1
Describe the Scope of Work
The City of Bremerton, with financial assistance (grant) from the Washington State Transportation Improvement Board (TIB), desires to
improve a portion of Lower Wheaton Way, more particularly a 0.93-mile section of roadway from Manette Bridge to Lebo Boulevard.
The existing roadway has visible signs of surface cracks and patches. Existing sidewalks on both sides of the street are broken. The
existing roadway consists of two travel lanes with curbs and sections of sidewalk. The existing pavement width is 36-feet wide (face of curb
to face of curb). The intent of this project is to rehabilitate (plane and overlay) the existing roadway and install new curbs and sidewalks.
Where required, isolated sections of the existing roadway pavement will be removed and replaced.
The new typical roadway cross section will be 34-feet wide (face of curb to face of curb) and include two each 12-foot-wide travel lanes,
5-foot bike lanes, concrete curbs, and 10-foot-wide concrete sidewalk on the westerly side of the road. Additionally, certain sections of
5-foot sidewalk will be located on the easterly side of the road and if underlying soils are found to be appropriate some sections of sidewalk
may be pervious. Overhead utilities will remain. The project will also include conduit stub-ups for future lighting/foundations, and storm
drainage improvements/enhancements. The project will not include traffic signalization, right-of-way acquisition, nor significant landscaping
or irrigation. A warrant analysis will be completed for the existing Lebo Boulevard traffic signal. Sidewalks will be reconstructed as required
to meet ADA requirements. Signing and street channelization will also be provided.
The Lower Wheaton Way right-of-way contains stormwater management systems with an outfall to Sinclair Inlet. The outfall pipe is of
unknown condition and the drainage pipe is placed at or very near the surface of the existing hill slope. The proposed stormwater
outfall portion of the project (Schedule B) is to design a system that will collect and convey the stormwater runoff flows, protect the
hillside from erosion, and provide adequate energy dispersion at the outlet. The design also includes design of systems to meet the
current edition of the Washington State Department of Ecology Stormwater Management Manual for Western Washington
requirements for the road improvement project.
The Consultant will perform the tasks and work needed to design the project, and develop the plans and specifications for project
bidding and construction. The project tasks may include geotechnical investigation, hydrologic/hydraulic analysis, permit assistance,
preliminary design, final design plans and specifications.
A new 6-inch ductile iron waterline (Schedule C) will be installed on Marlow Avenue (Wheaton Way to East 13th Street) and on East 13th
Street (Marlow Avenue to Wheaton Way). New service lines will also be installed (meters to remain).
Unless otherwise directed and approved by the City and the TIB, the project will be designed in conformance with the TIB grant application
(FY 2012 Project). A cultural survey, as mandated by the Washington State Department of Archaeology and Historical Preservation
(DAHP) is known to be required as this time. The City will contract separately for this work by others.
It is the intent of this Contract to develop one set of construction documents (PS&E) products that will include this project: Schedule A –
Lower Wheaton Way Improvements (Manette Bridge to Lebo Boulevard) also known as TIB Project No. 8-2-152(025)-1, and Schedule B –
Storm Drainage Outfall, and Schedule C – Schley Canyon Culvert Pre-design, Schedule D – Sanitary Sewer Improvements, and Schedule
E - Lower Wheaton Way Water System Improvements
DESIGN SERVICES
(It is the intent of this scope to generally comply with the improvements identified in the City’s TIB grant application, as well as comply with
City Standards and TIB funding requirements.)
Task 1 – Project Management
A. Provide overall project management services including:
(1) Preparation and execution of subcontracts,
Transportation Improvement Board (TIB)
Consulta nt Agreement
Form 190-016 Revised Oct 2001 Page 8 of 24 TIB
(2) Project staff and subconsultant management,
(3) Implementation of quality control program, and
(4) Management of project budget and schedule.
B. Prepare and submit progress report with monthly invoice.
Task 2 – Geotechnical Analysis (Roadway)
A. Subcontract and coordinate geotechnical work with a qualified and licensed geotechnical firm.
B. Review and comment on subconsultant submittals.
C. Provide these additional services via our geotechnical subconsultant, PanGEO, Inc.
(1) Site Reconnaissance – PanGEO will conduct a reconnaissance along the project alignment to observe
surface conditions that could impact the proposed improvements. During the reconnaissance, we will
mark test boring locations for utility locates, and evaluate equipment access to drill our test borings (see
Item 2, below).
(2) Subsurface Exploration – Drilling a total of four test borings for this project. The borings will be drilled to
a depth of about 12 to 15 feet. The test boring locations will be jointly determined on a later date with
G&O and the City. The proposed test borings will be drilled using hollow stem augers. The drilled holes
will be about 12 inches in diameter. Soil samples will be obtained from the test borings at 2-1/2 and 5-
foot depth internals, using Standard Penetration Test (SPT) method. When completed, the test borings
will be backfilled. Where borings will be drilled through the existing pavement, the borings will be
patched with concrete the thickness of the roadway.
Prior to the drilling, we will contact the 1-call center to request a utility locate. We will coordinate all field
activities with Gray & Osborne (G&O) and City personnel.
Assumptions
PanGEO understands that, in addition to our proposed test borings, the City will obtain
12 additional pavement cores of the existing pavement. PanGEO will utilize the results from
the pavement cores to our pavement evaluation;
PanGEO assumes that a right-of-way permit will be provided at no cost; and
PanGEO will provide traffic control during drilling.
(3) Laboratory Tests – Laboratory tests will be conducted on representative soil samples. Specifically, we
budget 15 grain size tests from our four test borings. The test results will be used to evaluate the
infiltration characteristics of the site soils, based on the procedure outlined in the 2012 DOE Stormwater
Manual. Other tests may include natural moisture contents and Atterberg limits.
(4) Meeting – One meeting at the G&O office to discuss findings.
(5) Engineering and Report – Perform engineering evaluation to assess the infiltration characteristics of the
site soils, and pavement rehabilitation options. A draft report will be prepared and submitted to the
project team for review. The draft report will be revised and finalized once we receive review comments
from the project team. In general, the report will include:
A site map with approximate boring and pavement core locations;
Description of surface and subsurface (soil and groundwater) conditions, including boring logs;
Transportation Improvement Board (TIB)
Consulta nt Agreement
Form 190-016 Revised Oct 2001 Page 9 of 24 TIB
A summary of existing pavement thickness, based on pavement cores to be completed by the
City;
Recommendations for pavement overlay, based on the site soil conditions, existing pavement
thickness, existing pavement conditions, and traffic data (to be provided by others;
Assessment of site soils for infiltration and, if appropriate, provide design infiltration rate based
on grain size distribution;
Recommendations for sidewalk subgrade preparation; and
Earthwork recommendations including the suitability of the site soils as structural fill, subgrade
preparation, temporary excavation, and general earthwork discussions.
(6) Post Report Consultation – Provide post report consultation on an as-needed basis.
Task 3 – Community and Agency Coordination
A. Support staff at two public “open house” meetings. The City shall lead the meeting and arrange for the meeting time
and location.
B. Participate at up to two additional project meetings with City staff to review project, project concerns, status of
deliverables, budget, critical path items, any new project concerns, etc., during the course of the project.
Task 4 – Quality Assurance/Quality Control Meetings
A. Conduct three in-house quality assurance/quality control (QA/QC) meetings during the course of the project. The
meetings will take place at the approximate 35, 70, and 95 percent status. The meetings will include review by
qualified senior staff members, key design team members, and Agency staff (as required/desired).
B. Incorporate pertinent recommendations and suggestions into bid/construction documents regarding QA/QC reviews.
Task 5 – Project Funding Agency Coordination
A. G&O staff shall coordinate their work (as applicable) as authorized by the City with the City s funding agency
(TIB) and assist the City in preparing project prospectus forms, quarterly reports, and other required
paperwork.
Task 6 – Right-of-Way and Topographical Survey (by City of Bremerton)
A. The City of Bremerton has completed survey and mapping of the street project corridor. This information, including
vertical and horizontal control will be provided to G&O for their use for this project. Any additional survey information
required for design will be obtained by G&O.
Note: Gray & Osborne, Inc. shall be entitled to rely on the accuracy of information provided by the City for the purpose of this
work.
Task 7 – Conceptual and Preliminary Design
A. Develop preliminary concepts (35 percent level of design) and exhibits for use in public meeting, staff meetings, etc.,
for evaluation and comments on conceptual design. Conceptual plans will evaluate, in particular, pavement
rehabilitation and reconstruction, parking alternatives, sidewalk alternatives, new storm outfall (Schedule B) and water
system improvements (Schedule C), ingress/egress, and right-of-way impacts.
B. Incorporate available utility as-built or record drawing information, plat map (property line) information, survey data, and
other available and relevant information into the base map. Consultant shall be able to rely on information provided by
Transportation Improvement Board (TIB)
Consulta nt Agreement
Form 190-016 Revised Oct 2001 Page 10 of 24 TIB
the City for the intended purpose of developing design drawings.
C. Prepare specifications in WSDOT and City -approved format similar to previous transportation projects designed by the
City. This will include, but not be limited to, proposal, contract, bonds and insurance documents/requirements and
related documentation.
D. Design storm drainage facilities for the collection, treatment (as applicable), and conveyance of stormwater sufficient to
support the “project” and per applicable Department of Ecology and City standards. City to provide verification (TV
inspection) of existing storm conveyance lines condition in order to help determine storm line replacement
requirements. The design shall also consider the incorporation of pervious concrete sidewalk where feasible to meet
the intent of project LID requirements.
E. Prepare preliminary plans, drawings, special details, etc., of all motorized and non-motorized facilities including road
improvements, minor landscaping, storm facilities, illumination (conduit only), and related facilities at 35, 70 and 95
percent levels of design, and in City-approved format to include updated engineer’s construction cost estimate(s).
Submit (two copies) plan sets and specifications (including updated cost estimates) to City for review and comment at
35, 70 and 95 percent intervals. Incorporate applicable City comments.
Task 8 – Stormwater Outfall
Subtask 8.1 – Geotechnical Investigation
A. The geotechnical scope of work is listed by tasks as determined by predesign recommendations and field
investigations. The geotechnical tasks listed below are anticipated. G&O will submit invoices only for actual work
completed.
1. Investigate and review existing regional and local geologic information, reports, and studies relevant to
the project design. The project may be located in an area with poor sub-surface soils.
2. Perform onsite geologic investigations to identify subsurface conditions that may affect project design
and construction. Drill one test boring to about 15-feet deep near the top of the slope, at the location
where the proposed outfall pipe may be anchored. The purpose of the test boring is to provide soil
information to design the pipe anchor. The proposed test boring will be drilled using hollow stem augers.
The drilled hole will be about 12 inches in diameter. Soil samples will be obtained from the test borings
at 2-1/2 and 5-foot-depth internals, using Standard Penetration Test (SPT) method. The consultant shall
provide all necessary equipment and operators for the geotechnical investigation. Ground elevation will
be surveyed at boring locations and coordinated with the surveyor/civil designer. All surfaces shall be
restored following geotechnical investigations.
3. Geo-technical Report. The results of the Geo-technical Investigation will be provided in a bound report.
The Consultant will submit an unbound draft copy for City review and comments. The Geo -technical
Report will include the following:
a. A summary of the regional geologic information.
b. A description of the onsite geologic investigation, equipment, methods, and testing performed.
c. Site specific geologic information such as site map, boring locations, boring logs, water
elevations, soil samples, and soil analysis results.
d. Analysis of the geologic information and recommendations for project construction.
e. Recommendations for dewatering, soil stability, shoring, bearing strength, trench excavation,
potential need for pipe anchoring, foundation, and/or support depending on material proposed
by the civil designer, pipe bedding, and trench backfill.
Transportation Improvement Board (TIB)
Consulta nt Agreement
Form 190-016 Revised Oct 2001 Page 11 of 24 TIB
The Geo-technical Report will be available to bidders with all of the Geo-technical Report included in the
project bid document.
4. The Consultant will provide two bound copies of the final Geotechnical Report and one unbound copy.
The Consultant will provide an electronic copy (MS Word) of the final report, all graphs and tables, and
any other information contained in the final report.
5. Two general options are being considered as of the writing of this scope of work. The first option is for
the outfall pipe to be anchored at the top of the slope and placed on the surface of the bluff. The cost
estimate for the geotechnical subconsultant is included in the fee estimate. The second option is to
directionally drill a pipeline to just above the ordinary high water mark at the beach. This option will
require greater geotechnical investigation and the cost for that is included in the geotechnical
subconsultant proposal but is NOT included in the stormwater design fee estimate. If the directional
drilling is pursued, the additional cost would be addressed in an amendment to the engineering services
contract.
Subtask 8.2 – Hydrologic and Hydraulic Analysis and Report
A. Review existing hydrologic information that will impact the storm system design and perform hydrologic and
hydraulic modeling to design the new storm system. The hydrologic and hydraulic work will include the following:
1. Review existing and future hydrology for the project area including upstream tributary flows. Review
existing hydrologic reports for the area, and develop a WWHM hydrologic model for existing flow
conditions. Peak flows for existing conditions for the 6-month, 2-, 10-, 25- and 100-year storm will be
developed.
2. Check capacity using Manning Equation and review energy dissipation of drainage outfall.
Subtask 8.3 – Storm System Outfall Design
A. Using the results from the Geotechnical, and Hydraulic Tasks detailed above, the Consultant will develop the
design for the new storm system. The City anticipates that the new storm system will discharge at or near the
existing discharge point. The Scope of Work assumes that replaced storm pipe will be at or near the surface and
HDPE pipe and appropriate anchors will be used during construction. If poor or unstable sub-surface soils that
require special engineering design are discovered within the pipe alignment, an addendum to the Engineering
Agreement will be negotiated.
The design work will include the following:
1. Review the physical and hydraulic information and evaluate design alternatives for a replacement storm
system. Meet with City to discuss design alternatives and choose the preferred alternative.
2. The location of public and private utilities, and potential utility conflicts, will be investigated for the design.
Potholing is not anticipated for this project. If potholing is required, the Consultant will notify the City and
the City will determine if locations/utilities need to be potholed.
Subtask 8.4 – Environmental Review and Permit Assistance
A. Permitting is expected to occur early in the first half of the project. The permitting work will include the following:
1. Determine what State and Federal Permits (if any) may be needed for the project.
2. Prepare drafts of local, State, or Federal permit applications. Provide expert analysis and
figures/information as needed for the permits.
3. The Consultant will prepare the Environmental Checklist and permit application forms and submit to the
City for review. The City will supplement the environmental sections of the Environmental Checklist, if
Transportation Improvement Board (TIB)
Consulta nt Agreement
Form 190-016 Revised Oct 2001 Page 12 of 24 TIB
needed and submit checklist and 35% design plan set to review agencies for approval.
4. A Joint Aquatic Resource Permit Application (JARPA) will be prepared for City submittal to Washington
Department of Fish & Wildlife (WDFW), Washington Department of Ecology (Ecology), and US Army
Corps of Engineers (COE). If a wetlands mitigation plan is required, it shall be considered additional
work and an addendum to the Engineering Agreement will be negotiated.
Subtask 8.5 – Fish Survey of Schley Canyon
A. Conduct a fish survey as typically required by WDNR, WDOT, and WDFW to determine fish presence or absence
in approximately 3,000 feet of stream channel within the City of Bremerton, Washington. This task also includes
topographic survey of the culvert inverts and stream channel downstream of the Lower Wheaton Way culvert. This task
assumes there will be one meeting with regulatory agencies to discuss the survey findings.
Subtask 8.6 – Culvert Repair/Replacement Predesign Analysis and Alternative Development
A. Gather and develop information on the stream system and alternatives to provide repair or replacement of the
culvert. Existing data includes aerial photographs, existing survey/aerial information, and previous hydraulic and
hydrologic reports. Alternatives will include sizing, construction feasibility, permitting requirements, and cost estimates
for the various alternatives.
B. Develop conceptual plans based on the selected alternative following agency and stakeholder review. These plans
will include conceptual sketches and cross sections to provide the City with sufficient information to determine the
means for the repair or replacement and planning level cost estimates.
Task 9 – Temporary Construction and Right-of-Way Documentation
A. Identify areas on adjacent private property where temporary construction permits need to be acquired to facilitate
construction. This may include small, parallel, and adjacent strips of land or driveway areas needed to be
reconstructed and incorporated into project documents.
B. Prepare “generic” temporary construction permits for City distribution and acquisition as may be required.
Note: Right-of-way acquisition is not anticipated nor included in our scope of work. If such is required it will be
negotiated as a supplement.
Task 10 – Sanitary System Improvements
A. The City is currently reviewing the existing sanitary system within the project limits. Video inspection has identified
areas of concern where repairs or replacement may be necessary.
B. G&O will include the design of in-situ repair within the contract set and the appropriate special provisions. Cured in
place pipe is anticipated for the existing pipelines within the project limit.
Note: Removal and replacement of sanitary improvements are not anticipated nor included in our scope of work. If
such methods are required it will be negotiated as a supplement.
Task 11 – Final Design Plans and Specifications
A. Prepare and submit final (100 percent) project plans, specifications, and cost estimates to include evaluation and
incorporation of all previous and pertinent City and/or funding agency comments.
B. Prepare and submit final SEPA Checklist. Incorporate applicable City review comments to include such revisions or
clarifications as may be necessitated. City to provide threshold determination and publish determination as may be
required.
C. Submit final plans, specifications, engineer’s cost estimate (construction), and updated Transportation Improvement
Transportation Improvement Board (TIB)
Consulta nt Agreement
Form 190-016 Revised Oct 2001 Page 13 of 24 TIB
Board (TIB) construction prospectus form (UCE form) to the City and TIB and solicit authorization to bid the project
from both the City and TIB.
D. Prepare and assist City in submitting DOE required Construction Stormwater General Permit (include generic copy in
Specifications regarding “transfer of coverage” from City to Contractor).
Task 12 – Bid Services
A. Prepare bid advertisement and distribute to two newspapers (Daily Journal and Kitsap Sun). Our fees do not include
cost of publication of advertisements.
B. Forward bid package to ARC of Tacoma for distribution to plan centers and bidders.
C. Assist City with answering bid inquiries during bid phase, to include providing written clarification as may be required.
D. Prepare and distribute any bid addenda as required.
Documents to be Furnished by the Consultant
Electronic file of all final plans (AutoCAD and PDF files) and specifications (MS Word/PDF files) including addenda (as
may be applicable).
Hard copy of plans, specifications, and cost estimates to include any addenda (as may be applicable).
Two sets (paper copies) of plans (34" x 22" full size and 11" x 17" half size), specifications, and cost estimates at each
of the three submittal intervals as listed in the scope of work.
Copy of all photographs, exhibits, and drawings prepared as part of this project.
Transportation Improvement Board (TIB)
Consulta nt Agreement
Form 190-016 Revised Oct 2001 Page 14 of 24 TIB
EXHIBIT C-2
Payment
(Cost Plus Fixed Fee)
The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter.
Such payment shall be full compensation for all work performed or services rendered and for all labor, materials, equipment, and incidentals
necessary to complete the work specified in Section II, "Scope of Work."
A. Actual Costs
Payment for all consulting services for this project shall be on the basis of the CONSULTANTs actual cost plus a fixed fee. The actual cost
shall include direct salary cost, overhead, and direct nonsalary cost.
1. Direct Salary Costs
The direct salary cost is the direct salary paid to principals, professional, technical, and clerical personnel for the time they are productively engaged
in work necessary to fulfill the terms of this AGREEMENT.
2. Overhead Costs
Overhead costs are those costs other than direct costs which are included as such on the books of the CONSULTANT in the normal everyday
keeping of its books. Progress payments shall be made at the rate shown in the heading of this AGREEMENT, under "Overhead Progress Payment
Rate." Total overhead payment shall be based on the method shown in the heading of the AGREEMENT. The three options are explained as follows:
a. Actual Cost: If this method is indicated in the heading of the AGREEMENT, the AGENCY agrees to reimburse the CONSULTANT the actual
overhead costs verified by audit, up to maximum amount payable, authorized under this AGREEMENT, when accumulated with all other actual
costs.
b. Actual Cost Not To Exceed Maximum Percent: If this method is indicated in the heading of this AGREEMENT, the AGENCY agrees to
reimburse the CONSULTANT at the actual overhead rate verified by audit up to the maximum percentage shown in the space provided. Final
overhead payment when accumulated with all other actual costs shall not exceed the total maximum amount payable shown in the heading of
this AGREEMENT.
c. Fixed Rate: If this method is indicated in the heading of the AGREEMENT, the AGENCY agrees to reimburse the CONSULTANT for overhead
at the percentage rate shown. This rate shall not change during the life of the AGREEMENT.
A summary of the CONSULTANTs cost estimate and the overhead computation are attached hereto as Exhibits D and E and by this reference made
part of this AGREEMENT. When an actual cost overhead rate or actual cost not to exceed overhead rate is used, the actual overhead rate
determined at the end of each fiscal year shall be used for the computation of progress payments during the following year and for retroactively
adjusting the previous year's overhead cost to reflect the actual rate.
The CONSULTANT shall advise the AGENCY as soon as possible of the actual overhead rate for each fiscal year and of the actual rate incurred to
the date of completion of the work. The AGENCY and/or TIB may perform an audit of the CONSULTANT's books and records at any time during
regular business hours to determine the actual overhead rate, if they so desire.
3. Direct Nonsalary Cost
Direct nonsalary costs will be reimbursed at the actual cost to the CONSULTANT applicable to this contract. These charges may include, but are not
limited to the following items: travel, printing, long distance telephone, supplies, computer charges, and fees of subconsultants. Air or train travel will
only be reimbursed to economy class levels unless otherwise approved by the AGENCY. The billing for nonsalary cost, directly identifiable with the
Project, shall be an itemized listing of the charges supported by original bills or legible copies of invoices, expense accounts, and miscellaneous
supporting data retained by the CONSULTANT. Copies of the original supporting documents shall be provided to the AGENCY upon request. All of
the above charges must be necessary for services to be provided under this AGREEMENT.
4. Fixed Fee
The fixed fee, which represents the CONSULTANT's profit, is shown in the heading of this AGREEMENT under Fixed Fee. This fee is based on the
scope of work defined in this AGREEMENT and the estimated man-months required to perform the stated scope of work. In the event a
supplemental agreement is entered into for additional work by the CONSULTANT, the supplemental agreement may include provision for the added
costs and appropriate additional fee. The fixed fee will be prorated and paid monthly in proportion to the percentage of work completed by the
CONSULTANT and reported in the monthly progress reports accompanying the invoices.
Transportation Improvement Board (TIB)
Consulta nt Agreement
Form 190-016 Revised Oct 2001 Page 15 of 24 TIB
Any portion of the fixed fee earned by not previously paid in the progress payments will be cover in the final payment, subject to the provisions of
Section IX, Termination of Agreement.
5. Maximum Total Amount Payable
The maximum total amount payable, by the AGENCY to the CONSULTANT under this AGREEMENT, shall not exceed the amount shown in the
heading of this AGREEMENT as maximum amount payable, which includes the Fixed Fee, unless a supplemental agreement has been negotiated
and executed by the AGENCY prior to incurring any costs in excess of the maximum amount payable.
B. Monthly Progress Payments
The CONSULTANT may submit invoices to the AGENCY for reimbursement of actual costs plus the calculated overhead and fee not more often than
once per month during the progress of the work. Such invoices shall be in a format approved by the AGENCY and accompanied by the monthly progress
reports required under Section III, General Requirements, of the AGREEMENT. The invoices will be supported by itemized listing and support document
for each item including direct salary, direct nonsalary, and allowable overhead costs to which will be added the prorated Fixed Fee.
C. Final Payment
Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the
completion of the work under this AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, and other related documents which are
required to be furnished under this AGREEMENT. Acceptance of such final payment by the CONSULTANT shall constitute a release of all claims of any
nature which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by
the CONSULTANT prior to its acceptance. Said final payment shall not, however, be a bar to any claims that the AGENCY may have against the
CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims that the AGENCY may have against the CONSULTANT or to
any remedies the AGENCY may pursue with respect to such claims.
D. Inspection of Cost Records
The CONSULTANT and his subconsultants shall keep available for inspection by representatives of the AGENCY and/or TIB, for a period of three years
after final payment, the cost records and accounts pertaining to this AGREEMENT. If any litigation, claim, or audit arising out of, in connection with, or
related to this contract is initiated before the expiration of the three-year period, the cost records and accounts shall be retained until such litigation, claim,
or audit involving the records is completed.
Transportation Improvement Board (TIB)
Consulta nt Agreement
Form 190-016 Revised Oct 2001 Page 16 of 24 TIB
EXHIBIT D-1
Consultant Fee Determination Summary Sheet
(Lump Sum, Cost Plus Fixed Fee, Cost per Unit of Work)
Prepared by
Brian Sourwine, P.E.
Date
June 17, 2013
Project
Lower Wheaton Way (Manette Bridge to Lebo Boulevard) – Schedule A: Roadway Design
Direct Salary Cost (DSC)
Classification Man Hours Rate Cost
Principal-in-Charge 24 x $32 to $58 = $ 1,344
Project Manager/Engineer 180 x $32 to $55 = $ 7,920
E.I.T./Design/Civil Engineers 290 x $18 to $36 = $ 9,860
Transportation/Electrical Engineer 48 x $24 to $50 = $ 1,920
AutoCAD Technician/Drafter 130 x $15 to $31 = $ 3,770
Environmental Technician/Specialist 24 x $26 to $36 = $ 768
Professional Land Surveyor 0 x $33 to $42 = $ 0
Survey Crew 0 x $43 to $96 = $ 0
Resident Inspector 0 x $28 to $46 = $ 0
TOTAL DSC $25,582
OVERHEAD (OH Cost including Salary Additives)
OH Rate x DSC or 180% x $25,582 $46,048
FIXED FEE (FF)
FF Rate x DSC or 42% x $25,582 $10,744
REIMBURSABLES
Misc. Expenses, including mileage, Reproduction, etc. $ 775
SUBCONSULTANT COST (See Exhibit G) (including 10% Administrative Overhead) $11,941
TOTAL (SCHEDULE A) $95,090
Transportation Improvement Board (TIB)
Consulta nt Agreement
Form 190-016 Revised Oct 2001 Page 17 of 24 TIB
Prepared by
Barry Baker, P.E.
Date
June 17, 2013
Project
Lower Wheaton Way (Manette Bridge to Lebo Boulevard) – Schedule B: Storm Drainage Outfall
Direct Salary Cost (DSC)
Classification Man Hours Rate Cost
Principal-in-Charge 16 x $32 to $58 = $ 896
Project Manager/Engineer 70 x $32 to $55 = $ 3,080
E.I.T./Design/Civil Engineers 160 x $18 to $36 = $ 5,440
Transportation/Electrical Engineer 0 x $24 to $50 = $ 0
AutoCAD Technician/Drafter 80 x $15 to $31 = $ 2,320
Environmental Technician/Specialist 80 x $26 to $36 = $ 2,560
Professional Land Surveyor 0 x $33 to $42 = $ 0
Survey Crew 0 x $43 to $96 = $ 0
Resident Inspector 0 x $28 to $46 = $ 0
TOTAL DSC $14,296
OVERHEAD (OH Cost including Salary Additives)
OH Rate x DSC or 180% x $14,296 $25,733
FIXED FEE (FF)
FF Rate x DSC or 42% x $14,296 $ 6,004
REIMBURSABLES
Misc. Expenses, including mileage, Reproduction, etc. $ 282
SUBCONSULTANT COST (See Exhibit G) (including 10% Administrative Overhead) $ 6,838
TOTAL (SCHEDULE B) $53,153
Transportation Improvement Board (TIB)
Consulta nt Agreement
Form 190-016 Revised Oct 2001 Page 18 of 24 TIB
Prepared by
Barry Baker, P.E.
Date
June 17, 2013
Project
Lower Wheaton Way (Manette Bridge to Lebo Boulevard) – Schedule C: Schley Canyon Culvert Repair/Replacement
Direct Salary Cost (DSC)
Classification Man Hours Rate Cost
Principal-in-Charge 2 x $32 to $58 = $ 112
Project Manager/Engineer 18 x $32 to $55 = $ 792
E.I.T./Design/Civil Engineers 36 x $18 to $36 = $ 1,224
Transportation/Electrical Engineer 0 x $24 to $50 = $ 0
AutoCAD Technician/Drafter 28 x $15 to $31 = $ 812
Environmental Technician/Specialist 0 x $26 to $36 = $ 0
Professional Land Surveyor 0 x $33 to $42 = $ 0
Survey Crew 20 x $43 to $96 = $ 1,680
Resident Inspector 0 x $28 to $46 = $ 0
TOTAL DSC $ 4,620
OVERHEAD (OH Cost including Salary Additives)
OH Rate x DSC or 180% x $4,620 $ 8,316
FIXED FEE (FF)
FF Rate x DSC or 42% x $4,620 $ 1,940
REIMBURSABLES
Misc. Expenses, including mileage, Reproduction, etc. $ 271
SUBCONSULTANT COST (See Exhibit G) (including 10% Administrative Overhead) $ 2,840
TOTAL (SCHEDULE C) $17,987
Transportation Improvement Board (TIB)
Consulta nt Agreement
Form 190-016 Revised Oct 2001 Page 19 of 24 TIB
Prepared by
Barry Baker, P.E.
Date
July 31, 2013
Project
Lower Wheaton Way (Manette Bridge to Lebo Boulevard) – Schedule D: Sanitary Sewer Rehabilitation
Direct Salary Cost (DSC)
Classification Man Hours Rate Cost
Principal-in-Charge 2 x $32 to $58 = $ 112
Project Manager/Engineer 8 x $32 to $55 = $ 352
E.I.T./Design/Civil Engineers 24 x $18 to $36 = $ 816
Transportation/Electrical Engineer 0 x $24 to $50 = $ 0
AutoCAD Technician/Drafter 24 x $15 to $31 = $ 696
Environmental Technician/Specialist 0
x $26 to $36 = $ 0
Professional Land Surveyor 0 x $33 to $42 = $ 0
Survey Crew 0 x $43 to $96 = $ 0
Resident Inspector 0 x $28 to $46 = $ 0
TOTAL DSC $1,976
OVERHEAD (OH Cost including Salary Additives)
OH Rate x DSC or 180% x $1,976 $3,557
FIXED FEE (FF)
FF Rate x DSC or 42% x $1,976 $ 830
REIMBURSABLES
Misc. Expenses, including mileage, Reproduction, etc. $ 152
SUBCONSULTANT COST (See Exhibit G) (including 10% Administrative Overhead) $ 0
TOTAL (SCHEDULE D) $6,515
Transportation Improvement Board (TIB)
Consulta nt Agreement
Form 190-016 Revised Oct 2001 Page 20 of 24 TIB
Prepared by
Brian Sourwine, P.E.
Date
July 31, 2013
Project
Lower Wheaton Way (Manette Bridge to Lebo Boulevard) – Schedule E: Water System Improvements
Direct Salary Cost (DSC)
Classification Man Hours Rate Cost
Principal-in-Charge 2 x $32 to $58 = $ 112
Project Manager/Engineer 16 x $32 to $55 = $ 704
E.I.T./Design/Civil Engineers 56 x $18 to $36 = $ 1,904
AutoCAD Technician/Drafter 40 x $15 to $31 = $ 1,160
Environmental Technician/Specialist 0 x $26 to $36 = $ 0
Professional Land Surveyor 2 x $33 to $42 = $ 84
Survey Crew 10 x $43 to $96 = $ 550
Resident Inspector 0 x $28 to $46 = $ 0
TOTAL DSC $ 4,514
OVERHEAD (OH Cost including Salary Additives)
OH Rate x DSC or 180% x $4,514 $ 8,125
FIXED FEE (FF)
FF Rate x DSC or 42% x $4,514 $ 1,896
REIMBURSABLES
Misc. Expenses, including mileage, Reproduction, etc. $ 200
SUBCONSULTANT COST (See Exhibit G) (including 10% Administrative Overhead) $ 0
TOTAL (SCHEDULE E) $14,735
TOTAL AMOUNT SCHEDULE A ($95,090), SCHEDULE B ($53,153) AND SCHEDULE C ($17,987),
SCHEDULE D ($6,515), AND SCHEDULE E (14,735) $187,480
Transportation Improvement Board (TIB)
Consulta nt Agreement
Form 190-016 Revised Oct 2001 Page 21 of 24 TIB
EXHIBIT D-2
Consultant Fee Determination Summary Sheet
(Specific Rates of Pay)
FEE SCHEDULE
Discipline or Job Title Hourly Rate Overhead Profit Rate
Per Hour
Technician/Drafter $14-$36 $25.20-$64.80 $5.70-$14.65 $44.90-$115.45
E.I.T./Design/Civil Engineers (Eng. I, II and III) $24-$35 $43.20-$63.00 $9.77-$14.25 $76.97-$112.25
Environmental Technician/Specialist $25-$40 $45.00-$72.00 $10.18-$16.28 $80.18-$128.28
Structural/Electrical Engineers $31-$53 $55.80-$95.40 $12.62-$21.57 $99.42-$169.97
Project Manager/Engineer (Eng. IV, V and VI) $33-$56 $59.40-$100.80 $13.43-$22.79 $105.83-$179.59
Principal-in-Charge/Project Managers $35-$59 $63.00-$101.20 $14.25-$24.01 $112.25-$189.21
Survey Crew $45-$85 $85.00-$153.00 $18.32-$34.60 $144.32-$272.60
Professional Land Surveyor $34-$38 $61.20-$68.40 $13.84-$15.47 $109.04-$121.87
Field Inspector/Resident Engineer $23-$48 $41.90-$86.40 $9.36-$9.54 $73.76-$153.94
Secretary/Typist* N/A N/A N/A N/A
* Secretarial and clerical fees are not billed, but are included in the overhead multiplier listed. The same is true for accounting, bookkeeping, in-house printing up to $150,
word processing, computer use, computer-aided drafting, and telephone and fax costs.
Transportation Improvement Board (TIB)
Consulta nt Agreement
Form 190-016 Revised Oct 2001 Page 22 of 24 TIB
EXHIBIT E-1
Breakdown of Overhead Cost
GRAY & OSBORNE
COMPUTATION OF OVERHEAD MULTIPLIER
Federal, State, and Local Taxes ...................................................................................... 25.47%
Insurance and Medical ..................................................................................................... 26.58%
Professional Development and Education ......................................................................... 4.56%
Vacations and Holidays ................................................................................................... 15.14%
Administration (Typing, CADD, GIS, Computer)** ........................................................... 54.21%
Rent, Utilities, and Depreciation ....................................................................................... 17.74%
Office Expenses ................................................................................................................. 8.12%
Recruiting ........................................................................................................................... 0.12%
Professional Services......................................................................................................... 1.22%
Incentive and Retirement ................................................................................................. 26.60%
Facilities Cost of Capital ..................................................................................................... 0.24%
TOTAL: ............................................................................................................. 180.00%
PROFESSIONAL ENGINEERING SERVICES CONTRACT
ENGINEER'S REPRESENTATIVE PAYROLL RATES
THROUGH JUNE 15, 2013*
Employee Classification Payroll Rates
AutoCAD/GIS Technician/Engineering Intern $14.00 to $27.00
AutoCAD/GIS Manager/Graphic Artist $29.00 to $36.00
Senior Electrical Engineer $44.00 to $53.00
Senior Structural Engineer $36.00 to $49.00
Electrical Engineer $32.00 to $43.00
Structural Engineer $31.00 to $40.00
Environmental Technician/Specialist $25.00 to $40.00
Engineers I and II $24.00 to $33.00
Engineer III $29.00 to $35.00
Engineer IV $33.00 to $41.00
Engineers V and VI $35.00 to $56.00
Principal-in-Charge/Project Manager $35.00 to $59.00
Resident Engineer $38.00 to $48.00
Field Inspector $23.00 to $37.00
Field Survey Crew (2 Person)** $45.00 to $60.00
Field Survey Crew (3 Person)** $68.00 to $85.00
Professional Land Surveyor $34.00 to $38.00
Secretary/Word Processor** N/A**
* Updated annually, together with the overhead.
All actual out-of-pocket expenses incurred directly on the project are added to the billing. The billing is based on direct out-of-pocket expenses; meals, lodging,
laboratory testing and transportation. The transportation rate is $0.55 per mile or the current maximum IRS rate without receipt IRS Section 162(a).
** Administration expenses include secretarial and clerical work; GIS, CADD, and computer equipment; owned survey equipment and tools (stakes, hubs, lath,
etc. – Note: mileage billed separately at rate noted); miscellaneous administration tasks; facsimiles; telepho ne; and printing costs, which are less than $150.
Transportation Improvement Board (TIB)
Consulta nt Agreement
Form 190-016 Revised Oct 2001 Page 23 of 24 TIB
EXHIBIT F-1
Payment Upon Termination of Agreement
by the Agency Other than for Fault of the Consultant
(Refer to Agreement, Section IX)
Lump Sum Contracts
A final payment shall be made to the CONSULTANT which when added to any payments previously made
shall total the same percentage of the Lump Sum Amount as the work completed at the time of termination is
to the total work required for the PROJECT. In addition, the CONSULTANT shall be paid for any authorized
extra work completed.
Cost Plus Fixed Fee Contracts
A final payment shall be made to the CONSULTANT which when added to any payments previously made,
shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of
termination is to the total work required for the PROJECT. In addition, the CONSULTANT shall be paid for any
authorized extra work completed.
Specific Rates of Pay Contracts
A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this
AGREEMENT plus and direct nonsalary costs incurred at the time of termination of this AGREEMENT.
Cost Per Unit of Work Contracts
A final payment shall be made to the CONSULTANT for actual units of work completed at the time of
termination of this AGREEMENT.
Transportation Improvement Board (TIB)
Consulta nt Agreement
Form 190-016 Revised Oct 2001 Page 24 of 24 TIB
EXHIBIT G-1
Subcontracted Work
The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT:
PanGEO, Inc. (Geotechnical Services) $10,855 (Schedule A)
$ 6,216 (Schedule B)
Meridian Environmental, Inc. (Fish Survey) $ 2,581 (Schedule C)
Note: Amount shown above does not include 10 percent Administrative Overhead as shown in Exhibit D-1.
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Grant Agreement with the State
of Washington and the Recreation and
Conservation Funding Board for Evergreen
Rotary Inclusive Playground and Park
Improvements
Study Session Date: August 14th, 2013
COUNCIL MEETING Date: August 21st, 2013
Department: Parks
Presenter: Wyn Birkenthal
Phone: 473-5752
SUMMARY:
The attached grant agreement provides $211,350 to assist in the renovation of Evergreen Rotary
Park creating Bremerton and Kitsap County’s first fully accessible playground. This project improves
ADA access from the main parking lot to the park’s central activity area, increases the number of
ADA and regular car parking spaces by 10. In addition, trees and landscaping are developed in the
parking lot and along the shoreline.
This project has been recommended by the Parks and Recreation Commission. Additionally an
active volunteer group named Bremerton Beyond Accessible Playgrounds has donated $50,500 in
cash and has pledged 360 hours of volunteer labor to assist with project construction.
ATTACHMENTS: Recreation and Conservation Office Grant Agreement
Project Graphics
Fiscal Impact: The total project budget is $447,900 comprised of: $211,350 RCO Grant; $160,850
Community Development Block Grant; $50,500 Cash Donations; $10,000 DNR grant. The project
requires 380 hours of park crew time for installation of materials at a cost of $15,200.
STUDY SESSION AGENDA: ☐ No Presentation ☒ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing
RECOMMENDED MOTION:
I move to authorize the Mayor to finalize and enter into the Grant Agreement with the Recreation and
Conservation Funding Board for Evergreen Rotary Inclusive Playground and Park Improvements with
substantially the same terms and conditions as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/02/12
EVERGREEN PARK BEYOND ACCESSIBLE PLAY PROJECT - NEEDCITY OF BREMERTON(National Center for Educational Statistics, 2009)Each year Holly Ridge Center serves 830 children in the Infant Toddler Program and 230 adults in the Adult Employment Services Program. Beyond accessible playgrounds are typically limited to cities with a higher median income.Create an inclusive, latex-free, beyond ADA accessible, sensory integrated and universally designed playground for children and adults of all abilities to enjoy with their families and friends.People with disabilities are the nation’s largest minority group AND the only group which anyone can join at anytime.Census tracts do not refl ect the location of working families that are “medically poor.”Our Partners:Why is beyond accessible play needed in Kitsap County?Central Kitsap and Bremerton School Districts serve 2500 students from age 3-21 with special educational and therapeutic services.Our Goal:Consider this:Holly Ridge Center501(c)(3) Non-profit Spina Bifi da Associationof Washington StateKistap ClusterHA Partner - Bremerton, WAPediatric and Spina Bifi da Support4 in 30 children have special needs$4k$8k$10k$12k$2k/yr.$13k/yr.$5kDisibilities include:• Physical• Cognitive• Communication• Social/Emotional• Sensory• Chronic health impairmentBremertonSehmel Homestead ParkBradley Lake Park40 min.90 min.BremertonSehmel Homestead ParkBradley Lake Park40 min.90 min.Proudly supported by the PSNS & IMF chapter of the Naval Civilian Managers Association
Curbing ramp not providedElevated play activity not duplicated as ground-level activityNo wheelchair access to elevated play structuresInadequate access to elevated play structuresLong, indirect route to playgroundSwings do not provide postural supportEVERGREEN PARK BEYOND ACCESSIBLE PLAY PROJECT - ADA SITE DEFICIENCIESCITY OF BREMERTONExtent of NewBeyond AccessiblePlaygroundNew ADA Access Path
EVERGREEN ROTARY PARK INCLUSIVE PLAYGROUND: DEVELOPMENT SITE PLANRECREATION AND CONSERVATION OFFICE - WWRP LOCAL PARKS #12-1464CITY OF BREMERTON - PARKS AND RECREATION DEPARTMENTEXIT PLATECONCRETE RAMP BERM12032516162424323284040201048LH12K.P.1(2)(2)12'-7"9'-0"19'-112"40'-0"42'-9"45°156467CYCLER156454E-POD156462RINGTANGLESLALOM GLIDER156456156450SWIGGLE STIX176457ROLLER TABLE168100SENSORY PLAYCENTER WALL
168100SENSORY PLAYCENTER WALL
168100SENSORY PLAYCENTER WALL
168100SENSORY PLAYCENTER WALL
168100SENSORY PLAYCENTER WALL
168101SENSORY PLAYCENTER WALL END
168101SENSORY PLAYCENTER WALL EN
D
177715COLOR SPLASH
PANEL
177721RAIN SOUNDWHEEL PANEL
168666BONGO & XYLOFUNPANELS
168102ALPHAMAZE& LABYRINTHPANEL
168662MARBLEPANEL157107POWDERCOATED LEGS(UNCOATED CHAIN)8' 5000 SERIES2 MOLDED SEATS W/ HARNESS157108POWDERCOATED LEGS(UNCOATED CHAIN)ADDTL. 2 PLACES2 BELT SEATS8' 5000 SERIES157108POWDERCOATED LEGS(UNCOATED CHAIN)ADDTL. 2 PLACES2 MOLDED SEATS W/HARNESS8' 5000 SERIESBOW LADDER165533EVOS-TO-PLAYBOOSTERQUOTE WITH EVOS STRUCTURE160357FOUR ARCHESO-ZONEHEMISPHERE CLIMBER156232RAMP W/GUARDRAILAND CURBS (ASTM)138871SWAY FUN156232RAMP W/GUARDRAILAND CURBS (ASTM)156232RAMP W/GUARDRAILAND CURBS (ASTM)EXIT PLATECONCRETE RAMP BERM120325156232RAMP W/GUARDRAILAND CURBS (ASTM)12333340" ROLLERSLIDE128623CURB FORACCESSIBLE PANEL128623CURB FORACCESSIBLE PANEL127953PANELSPERM HANDHOLDW/HANDLOOPPOD CLIMBER156916128623CURB FORACCESSIBLE PANELREACH PANEL127440TRAIL TRACKERSLIDE145838LAVA RUNSLIDEWINDER2124863@ GRADEHOUSE PANEL115235116244PIPE BARRIER176078LOLLIPOPCLIMBER116244PIPE BARRIERW/WHEEL128623CURB FORACCESSIBLE PANEL128623CURB FORACCESSIBLE PANELREACH PANEL135731SOUND CHIMES164094BONGO REACHPANEL145839CRITTER CANYONCLIMBER128623CURB FORACCESSIBLE PANEL128623CURB FORACCESSIBLE PANELREACH PANEL135729PERISCOPEREACH PANEL127439NAVIGATORPOD156452WOBBLEPOD156452WOBBLE148637SEESAW 4-SEATS
111465STEP DECKPLAYSTRUCTURE120818SEAT130565TABLE PANEL(BELOW DECK)6"/8" RISE KICKPLATE(K.P.1) QTY. ()1219481173591OMNISPINSPINNERARCH #1ARCH #2ARCH #3
ARCH #4156467CYCLER156454E-POD156462RINGTANGLESLALOM GLIDER156456156450SWIGGLE STIX176457ROLLER TABLE168100SENSORY PLAYCENTER WALL
168100SENSORY PLAYCENTER WALL
168100SENSORY PLAYCENTER WALL
168100SENSORY PLAYCENTER WALL
168100SENSORY PLAYCENTER WALL
168101SENSORY PLAYCENTER WALL END
168101SENSORY PLAYCENTER WALL EN
D
177715COLOR SPLASH
PANEL
177721RAIN SOUNDWHEEL PANEL
168666BONGO & XYLOFUNPANELS
168102ALPHAMAZE& LABYRINTHPANEL
168662MARBLEPANEL157107POWDERCOATED LEGS(UNCOATED CHAIN)8' 5000 SERIES2 MOLDED SEATS W/ HARNESS157108POWDERCOATED LEGS(UNCOATED CHAIN)ADDTL. 2 PLACES2 BELT SEATS8' 5000 SERIES157108POWDERCOATED LEGS(UNCOATED CHAIN)ADDTL. 2 PLACES2 MOLDED SEATS W/HARNESS8' 5000 SERIESBOW LADDER165533165533EVOS-TO-PLAYBOOSTERQUOTE WITH EVOS STRUCTURE160357FOUR ARCHESO-ZONEHEMISPHERE CLIMBER156232RAMP W/GUARDRAILAND CURBS (ASTM)138871SWAY FUN156232RAMP W/GUARDRAILAND CURBS (ASTM)156232RAMP W/GUARDRAILAND CURBS (ASTM)156232RAMP W/GUARDRAILAND CURBS (ASTM)12333340" ROLLERSLIDE128623CURB FORACCESSIBLE PANEL128623CURB FORACCESSIBLE PANEL127953PANELSPERM HANDHOLDW/HANDLOOPPOD CLIMBER156916128623CURB FORACCESSIBLE PANELREACH PANEL127440TRAIL TRACKERSLIDE145838LAVA RUNSLIDEWINDER2124863@ GRADEHOUSE PANEL1152351162PIPE BARRIER176078LOLLIPOPCLIMBER116244PIPE BARRIERW/WHEEL128623CURB FORACCESSIBLE PANEL128623CURB FORACCESSIBLE PANELREACH PANEL135731SOUND CHIMES164094BONGO REACHPANEL145839CRITTER CANYONCLIMBER128623CURB FORACCESSIBLE PANEL128623CURB FORACCESSIBLE PANELREACH PANEL135729PERISCOPEREACH PANEL127439NAVIGATORPOD156452WOBBLEPOD156452WOBBLE148637SEESAW 4-SEATS
111465STEP DECKPLAYSTRUCTURE120818SEAT130565TABLE PANEL(BELOW DECK)6"/8" RISE KICKPLATE(K.P.1) QTY. ()1219481173591OMNISPINSPINNERARCH #1ARCH #2ARCH #3
ARCH #416162424323284040201048LH12K.P.1(2)(2)PLAYGROUND ENLARGEMENTNew ADA Parking Stalls & Accessible Connecting PathNew Accessible Connecting PathSeatwalls,Planters & DecorativeFencing Provide Safe EnclosureNew Beyond AccessiblePlayground (See Enlargement)Native VegetationProvides HabitatEnhacement along ShorelineEnhanced Park Entry and Parking ImprovementsInclusive Play Equipment &SurfacingUpgraded Site FurnitureNew Site FurnitureUpgraded Restrooms withChanging Tables
EVERGREEN ROTARY PARK INCLUSIVE PLAYGROUND: PLAY AREA IMAGESRECREATION AND CONSERVATION OFFICE - WWRP LOCAL PARKS #12-1464CITY OF BREMERTON - PARKS AND RECREATION DEPARTMENT
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Community Forestry Grant
Agreement with Department of Natural
Resources for Evergreen Rotary Park
Study Session Date: August 14th, 2013
COUNCIL MEETING Date: August 21st, 2013
Department: Parks
Presenter: Wyn Birkenthal
Phone: 473-5752
SUMMARY:
The attached Community Forestry Assistance Grant Agreement with the Washington State
Department of Natural Resources pays for the cost of shade and habitat trees at Evergreen Rotary
Park. The grant is intended to demonstrate the use of trees to shade the shoreline, increase habitat
values and filter storm water runoff from paved surfaces. The grant also pays for educational signage
explaining the advantages of shoreline trees. This grant is a sister grant to the RCO grant for
Evergreen Rotary Park improvements and the RCO grant serves as the local match for Community
Forestry grant. The grant project helps Bremerton maintain its Tree City USA designation by planting
species appropriate urban trees to publicly owned lands.
ATTACHMENTS: Community Forestry Grant Agreement
FISCAL IMPACTS (Include Budgeted Amount): Match is budgeted through: $36,300 Recreation and
Conservation Office Grant. The total project budget is $447,900 comprised of: $211,350 RCO Grant;
$160,850 Community Development Block Grant; $50,500 Cash Donations; $10,000 DNR grant and
$15,200 of park crew labor.
STUDY SESSION AGENDA: ☐ No Presentation ☒ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing
RECOMMENDED MOTION:
I move to authorize the Mayor to finalize and enter into the Community Forestry Grant Agreement
with Department of Natural Resources for Evergreen Rotary Park with substantially the same terms
and conditions as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/02/12