HomeMy WebLinkAbout03/14/2018 STUDY SESSION PACKET
______________________________________________________________
th
CITY COUNCIL 345 6 Street, Suite 600, Bremerton, WA 98337 Phone (360) 473-5280
*** A M E N D E D ***
MARCH 14, 2018
CITY COUNCIL STUDY SESSION
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 except when deemed appropriate; and the content of
these items is subject to change. If approved by Council, the items will be placed on the March 21,
2018 Council Meeting Agenda:
A. INFORMATION BRIEFING
1. Briefing on the 2018 State Legislative Session Brian McConaughy, BMcConsulting
B. NO PRESENTATION PLANNED - The following items are budgeted items or subjects that have
been raised with the appropriate Council Committee Members:
1. Memorandum of Understanding and Agreement with Washington State Department of Fish
and Wildlife for Maintenance and Utility Use for the East Park Outfall Project
2. Professional Services Agreement with Parametrix, Inc. for Design of the Kitsap Lake
Elementary Safe Routes to School Project
3. Update on the Norm Dicks Government Center Tenant Improvements Project; and related
Budget Adjustment(s)
4. Purchase of Office Furniture with Staples Contract and Commercial, Inc. for the 5th Floor
Engineering Department
5. 2018-2020 Collective Bargaining Agreement between the City of Bremerton and the
Bremerton Police Management Association
C. BRIEFINGS AND FULL PRESENTATIONS
1. Shaping Community Development Block Grant (CDBG) Policy Plan Briefing; and
Establishing Funding Priorities for 2019 Program Year - Sarah Achaoui, CDBG Administrator
2. Resolution to authorize Forgiveness, Release, and Write-Off of Unrecoverable CDBG Loans
D. GENERAL COUNCIL BUSINESS
1. Resolution No. 3303 acknowledging Commitments Associated with the Receipt of Federal
Grant Funds for the Warren Avenue Bridge Pedestrian Improvement Project
2. Public Safety & Parks Committee Briefing (3/14/18 Meeting) Chair Leslie Daugs
3. Other General Council Business ()
E. EXECUTIVE SESSION
35-Minutes to discussion Potential Litigation, which is allowed under RCW 42.30.110(1)(i); and
to Consider Minimum Price, which is allowed under RCW 42.30.110(1)(c)
F. ADJOURNMENT OF STUDY SESSION
Americans with Disabilities Act accommodations provided upon request. Those requiring special accommodations
should -5323 at least 24 hours prior to the meeting.
INFORMATION ONLY ITEM
A1
CITY OF BREMERTON
CITY COUNCIL
(Updated)
SUBJECT: 2018 Legislative Session Study Session Date: March 14, 2018
Update
Presenter: Bryan McConaughy,
BMcConsulting
Phone: (206) 953-6026
SUMMARY: A briefing on the 2018 Legislative Session will be provided.
HANDOUTS: 2018 Legislative Session Wrap-Up
STUDY SESSION AGENDA: No Presentation Full Presentation
Form Created 5/4/15
BMcConsulting
CITY OF BREMERTON REPORT March 12, 2018
Session Review
The 2018 Legislature convened on January 8 and ran for 60 consecutive days, adjourning Sine
Die on March 8. The short session was packed full of activity, beginning with the passage of a
Hirst decision on rural water usage, as well as the passage of the biennial Capital
Budget, which was held over from 2017. The 2018 session saw a number of hot-button issues
introduced and moved, ranging from a repeal of the death penalty that did not ultimately pass, to
various gun control measures, some of which did; from bills strongly supported by unions, to a
ban on the farming of Atlantic salmon in net pens off the coast of Washington; and much more.
rollback of such rules at the federal level. A carbon tax proposal (SB 6203) failed to advance
despite strong support from the Governor and various other stakeholders, and an initiative to the
the ballot this November. Other proposals concerning a property tax reduction in exchange for a
capital gains tax failed to advance as well, though increased state revenues from existing sources
allowed the Legislature to finalize a small reduction in property taxes state wide.
Interim Preview
Attention now turns to the interim and to November elections. As with every election, we will
see a number of new faces emerge and will see a number of familiar faces move on to other
things. Already, a number of legislators have announced that they will not be seeking re-
election, including House Transportation Chair Judy Clibborn (D-41, Mercer Island), House
Minority Leader Dan Kristiansen (R-39, Snohomish), Rep. Ruth Kagi (D-32 ,Shoreline), Rep.
Terry Nealy (R-16, Dayton), Rep. Jay Rodne (R-5, Snoqualmie), Rep. Larry Haler (R-8,
Richland), Rep. Melanie Stambaugh (R-25, Puyallup), Rep. Liz Pike (R-18, Camas), and Sen.
Michael Baumgartner (R-6, Spokane). With control of both the House and Senate at stake, both
parties will be gearing up for a hard-fought campaign season between now and November.
Supplemental Transportation Budget
Senator Rolfes was able to include $450,000 with a $50,000 city match in supplemental funding
for a State Route 303 Corridor Study. The study is critical to identify future projects to improve
mobility and retain business viability along the corridor.
WSDOT requested and received funding to keep the Hyak Ferry in service through 2019.
Capital and Supplemental Capital Budget
Representative Appleton, with strong support from Speaker Chopp, was able to include $280,000
in the Supplemental Capital Budget for planning and study of the Harrison property and
surrounding area. The first phase of the Capital Budget item will prepare an economic market
analysis to determine the probable uses and residential densities that can be anticipated in the
study area after the departure of Harrison in 2020. The second phase will conduct community
1
BMcConsulting
visioning and adopt a subarea plan with a Planned Action Environmental Impact Statement. It is
expected that the preparation of this plan will ensure that the City will have action steps to ensure
that the area is economically viable, market tested and ensures that future permitting is
streamlined.
Statewide 2018 Capital budget supplemental highlights:
Additional $5 million for the Community Economic Revitalization Board
$5 million for a CERB administered broadband program
$10 million for stormwater projects recommended by the Orca task force
$300,000 increase to fish barrier removal
$4 million increase to the Housing Trust Fund
$25.3 million to build capacity for community based behavioral health facilities
$15.4 million to increase forensic bed capacity and system improvements at the
state psychiatric hospitals
The 2017-19 Capital budget was passed early in the session and funded the following Bremerton
projects:
Quincy Square $250,000
Manette Park $500,000
Ostrich Creek $4.688M
Pine Basin Sewer $3.881M
PSIC Sewer Ext $515,000
2018 Bills of Interest (highlighted bills passed the Legislature)
HB 1682/SB 5652 Kitsap County BRB/Annexation Bill Bremerton strongly opposed and was
successful in having the bill not make it during this session or the last session. The City of
Bremerton has requested that the Ruckelhaus Study review annexations as part of its GMA
review and analysis.
SB 6587 Adding taxing language to utility bills The city was the primary reason this bill did
not move past House Local Government Committee, as the potential costs and burden to utilities
would have been detrimental to city operations. Improvements were made to this bill but not
help Senator Hasegawa address his desired outcomes.
SB 6143 - Concerning unit priced contracting by cities The bill allows a city to procure public
works with a unit priced contract to complete anticipated types of work based on hourly rates or
unit pricing for one or more categories of work or trades. The city was very active in helping get
this legislation passed as it will result in significant cost savings by the city.
HB 2858 - would allow local governments that have been awarded Local Infrastructure
Financing Tool (LIFT) funds to carry the funds forward for use in later years. The funds could be
carried over to determine the state contribution amount if the revenues from local public sources
dedicated in the preceding calendar year exceed the project award. This provision already exists
in a similar program, Local Revitalization Financing (LRF).
2
BMcConsulting
SB 6015 Wrongful Death - failed to pass out of the Legislature this session. The bill would
have significantly expanded city tort liability associated with wrongful death claims. SB 6015
added additional claimants and increased the potential for damages altering the balance in
current law between recovery and fairness after a tragedy. The city actively opposed this bill.
SB 6617 Open Records would have exempted lawmakers from the state Public Records Act.
The bill was vetoed by the Governor after passing the Legislature with strong support. A task
force was announced following the veto. Funding for the nine-month task force to review and
recommend public records reforms to the 2019 Legislature was also included in the supplemental
operating budget.
HB 3003 Use of Deadly Force - On March 8, the Legislature passed Initiative 940 which
changes the legal standard for when an officer is protected from criminal liability for the use of
deadly force. Before I-940 passed, the Legislature passed HB 3003, a bill that would amend the
If a
referendum is certified, then HB 3003 becomes null and void and I-940 would be sent to the
ballot. This process is highly unusual; but many in the Legislature felt that it was the best way
forward based on agreement between the members of the law enforcement community and the
HB 3003 would amend the initiative language in the following ways:
te-escalation and
mental health training.
SB 6408 - Concerns law enforcement body worn cameras - including policies related to their use
and disclosure exemptions under the Public Records Act. The bill makes minimal changes to the
current body worn camera statutes but, importantly, keeps the good faith protection for local
governments and removes the sunset clauses which would ensure that these statutes continue to
remain in law.
SB 6034 Providing KPUD Broadband Retail Authority - Authorizing limited retail
telecommunications services for public utility districts that provide only sewer, water, and
telecommunications.
SB 6213 First Responder Occupational Disease - failed to pass out of the Legislature. The bill
compensation rates and pension costs.
SB 6214 Concerning PTSD and Occupational Disease Claims - allows law enforcement
(PTSD) as an occupational disease (which current law prohibits) and also makes that coverage
presumptive. Under a presumption, the employer must prove that the job did not cause the
directly attributed to disciplinary action, termination, or similar action taken by an employer.
Also, the presumption only applies if the PTSD manifests after the employee has served for at
least 10 years.
3
BMcConsulting
Supplemental Operating Budget
Source: AWC Legislative Bulletin March 12, 2018
The final version of the adopted budget includes many of the city-preferred approaches to the differences
between the Senate and the House, including several new investments in programs to address city
priorities in housing, mental health, and opioid treatment and prevention.
The supplemental operating budget uses the unanticipated increased revenues for additional investments
in education funding, services for mental health, safety net for individuals needing social services, and to
implement a state one-time property tax reduction. Additional funding is also allocated to implement the
fully implement their McCleary decision.
Highlights of the budget pertaining to cities:
State-shared revenues
The adopted budget includes full funding levels for revenues shared with cities, including liquor profits
and taxes. Additionally, marijuana revenues of $18 million for disbursement to certain cities and counties
that authorize the sale of marijuana. The intent of the Legislature is to carry the increased appropriation of
$30 million into future biennia. Streamlined Sales Tax (SST) mitigation is fully funded for the biennium
at $20.6 million.
Mental health
HB 2892 provides $1 million to fund at least eight grants per fiscal year that supports increased mental
health field response capabilities or programs that reduces incarceration time. $800,000 will create a
criminal justice diversion center in Snohomish County. $25.3 m in funding is provided for building
community capacity, $46.4 m to cover fines from the federal case known as Trueblood, $1.7 m for
assisted outpatient treatment, $69.3 m for BHO to provide community enhancements, and $15.5 m to
fully fund the Institute of Mental Disease (IMD) waiver.
Housing and homelessness
The budget provides funding for implementation of expanded eligibility for the Housing and Essential
Needs (HEN) program. Additionally, the document recording fee is increased permanently to $62 in
E2SHB 1570, providing $54 million annually to support local homeless housing programs and plans.
Opioid treatment and prevention
The budget includes $14.4 m for implementation of HB 1427, to implement strategies to prevention and
treatment of opioid use disorders. This includes four new hub and spoke networks to provide capacity, a
statewide prescription take-back program, and distribution of opioid overdose reversal medication.
Pensions
PERS 1/TRS 1 retirees COLA provides a one-time 1.5 percent benefit increase with an annual benefit
increase maximum of $750. State and local contribution rates would increase.
Basic Law Enforcement Academy
Funding is provided for six BLEA classes in FY 2018 with an additional class in FY 2019. The agency is
allowed to provide an additional class in FY 2018 that is 100 percent funded by local agencies. Funding is
also provided for an additional equivalency academy class in each fiscal year.
4
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
B1
SUBJECT: Memorandum of Understanding Study Session Date: March 14, 2018
and Agreement Between City of Bremerton
COUNCIL MEETING Date: March 21, 2018
and Washington State Department of Fish
Department: PW & U
and Wildlife for Maintenance and Utility Use
Presenter: Ned Lever
for the East Park Outfall Project
Phone: (360) 473-2398
SUMMARY: This Memorandum of Understanding and Agreement (MOU) outlines s
commitment to provide in-kind mitigation for the rock armoring required by the East Park Outfall
project. Executing this MOU was a condition of the emergency Hydraulic Project Approval permit
issued by the WDFW which allowed the emergency repair work to move forward. The in-kind
mitigation will include the removal of creosote piling and rock armoring adjacent to the coal dock at
2019. The number of pilings and amount of rock armoring removed is considered to be in the same
proportion as rock armoring placed at the East Park Outfall. Additional environmental permits must
be obtained prior to the work being completed.
ATTACHMENTS: Memorandum of Understanding with WDFW for Maintenance and Utility Use
FISCAL IMPACTS (Include Budgeted Amount): The work to be completed as required by this
MOU will be performed under separate contract, and the expenditure will be from the Stormwater
Fund. That budget has yet to be determined, but is anticipated to be similar to the cost of the
armoring which was approximately $50,000.
STUDY SESSION AGENDA: Limited Presentation Full Presentation
STUDY SESSION ACTION: Consent Agenda General Business Public Hearing
RECOMMENDED MOTION:
Move to approve the Memorandum of Understanding with Washington Department of Fish and
Wildlife 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 01/02/2018
MEMORANDUM OF UNDERSTANDING AND AGREEMENT
BETWEEN CITY OF BREMERTON AND WASHINGTON DEPARTMENT OF FISH
AND WILDLIFE
FOR MAINTENANCE AND UTILITY USE
This Memorandum of Understanding and Agreement is entered into the date fully
executed below by and between the CITY OF BREMERTON the , a Washington
municipal corporation, its successors and assigns, and the Washington Department of Fish and
Wildlife , its successors and assigns.
WHEREAS, the City has constructed a 36-inch diameter
HDPE storm water pipe with perforated diffuser adjacent to Campbell Way; and
WHEREAS, the Outfall caused erosion of sediment on the beach which exposed an
abandoned sewer main and jeopardized the Outfall; and
WHEREAS, the City has been issued an Imminent Danger Expedited Hydraulic Project
Approval to complete emergency repair work; and
WHEREAS, the City has placed rock armoring on the beach to provide adequate
protection against continued beach erosion which endangers an active City sewer main, and may
need to place additional rock over time; and
WHEREAS, the parties agree that the armoring has resulted in a loss of beach function in
the beach below the Outfall; and
WHEREAS, the City has agreed to provide in-kind offsite mitigation for the resulting
reduction in beach function as a condition of the Imminent Danger Expedited HPA; and
WHEREAS, the City and WDFW desire to enter into this Memorandum of
Understanding and Agreement to clarify measures for site monitoring and to establish
a timeline for implementing mitigation measures; NOW THEREFORE,
THE PARTIES UNDERSTAND AND AGREE AS FOLLOWS:
I. MONITORING AREA. The specific area and limits of the beach monitoring
are identified in the Gray and Osborne Record Drawing provided in Exhibit A, which is attached
hereto and incorporated herein.
II. MONITORING REQUIREMENTS. The City will continue to monitor the area
identified in Exhibit A for continued erosion or exposure of the beach sewers. The City will
notify WDFW if it deems that additional armoring is required and pursue all necessary permits to
complete the work. Should WDFW deem that additional armoring has resulted in a greater loss
in beach function then the City will pursue additional offsite in-kind mitigation as outlined in
Section III.
1
III. MITIGATION SCOPE AND TERM. The scope of in-kind mitigation will be
generally determined based on the volume of rock placed and the area of impact. Proposed
mitigation will include the removal of pilings and rock armoring from the beach adjacent to the
City of Bremerton Lions Field Park identified as Kitsap County tax parcel number 112401-4-
003-2003. The number of pilings and the amount of rock armoring removed shall be mutually
agreed upon by the City and WDFW, and shall be proportionate to the reduced beach function
identified at the Outfall. The parties recognize that the mitigation work will require additional
completed. The City shall have all permits in place to allow completion of the required
th
mitigation work by September 30, 2019 unless an extension has been granted in writing by
WDFW.
IV. AMENDMENT. This MOU may be amended by written agreement signed by
both parties. This MOU shall be binding upon the parties hereto and their respective heirs,
successors, and assigns, unless terminated as set forth in Section V, below.
V. TERMINATION. Either party, for cause, may on sixty (60) days prior written
notice, terminate this MOU following an opportunity to cure. Should the breaching party fail to
cure the breach within the sixty (60) day period, this MOU shall terminate. Notwithstanding the
foregoing, no breach shall be deemed to have occurred should the breaching party commence
cure and diligently pursue the same (subject to force majeure).
VI. NOTICE. Any notice desired or required to be given under this MOU shall be
made in writing via nationally recognized overnight courier (deemed given at delivery) to:
a. City of Bremerton b. WDFW
Attn: City Clerk Attn: Brittany Gordon
th
345 6 Street, Suite 600 450 Port Orchard Blvd., Suite 290
Bremerton, WA 98337 Port Orchard, WA 98366
VII. GOVERNING LAW AND FORUM FOR DISPUTES. The forum for any
dispute under this MOU shall be in the State of Washington, the laws of which shall govern.
IN WITNESS WHEREOF, this Memorandum of Understanding and Agreement has been
executed by each party on the dates set forth below.
CITY OF BREMERTON WDFW
By: By:
Title: Mayor Title: Area Habitat Biologist
Date: Date:
2
BEACH REPAIR AS-BUILT PLAN
CONSULTING ENGINEERS
STORMWATER OUTFALL
EAST PARK STORMWATER OUTFALL
1
1
CITY OF BREMERTON
obtained during construction.
RECORD DRAWING
Based upon best available information
Date:By:Checked By:
ROCK FILL AND ANCHOR SILL SECTION
OUTFALL PLAN
AGENDA BILL
CITY OF BREMERTON
B2
CITY COUNCIL
(Updated)
SUBJECT: Professional Services Study Session Date: March 14, 2018
Agreement with Parametrix, Inc., for Design
COUNCIL MEETING Date: March 21, 2018
of Kitsap Lake Elementary Safe Routes to
Department: PW & U
School Project
Presenter: Tom Knuckey
Phone: (360) 473-2376
SUMMARY: The City approved a Safe Routes to School Grant last year. The project includes
design, acquiring right-of-way, and construction on Harlow Drive from Kitsap Way to Osprey Circle.
The City advertised a Request for Qualifications, and received proposals from three firms to perform
the design and right-of-way acquisition. The City selected Parametrix, Inc., to do the work; their
design cost is $279,998.09 and is eligible for 100% grant funding.
ATTACHMENTS: 1. Professional Services Agreement with Parametrix, Inc. 2. Site Plan
FISCAL IMPACTS (Include Budgeted Amount): The design (Preliminary Engineering) is 100%
grant eligible, and the work is in the 2018 budget.
STUDY SESSION AGENDA: Limited Presentation Full Presentation
STUDY SESSION ACTION: Consent Agenda General Business Public Hearing
RECOMMENDED MOTION:
Move to approve the Professional Services Agreement for design of the Kitsap Lake Elementary Safe
Routes to School Project in the amount of $279,998.09 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 01/02/2018
Local Agency A&E Professional Services
Cost Plus Fixed Fee Consultant Agreement
Agreement Number:
Firm/Organization Legal Name (do not use dba’s):
AddressFederal Aid Number
UBI NumberFederal TIN or SSN Number
Execution DateCompletion Date
1099 Form RequiredFederal Participation
Yes No Yes No
Project Title
Description of Work
Yes No DBE ParticipationTotal Amount Authorized:
Yes No MBE Participation
Management Reserve Fund:
Yes No WBE Participation
Maximum Amount Payable:
Yes No SBE Participation
Index of Exhibits
Exhibit A Scope of Work
Exhibit B DBE Participation
Exhibit C Preparation and Delivery of Electronic Engineering and Other Data
Exhibit D Prime Consultant Cost Computations
Exhibit E Sub-consultant Cost Computations
Exhibit F Title VI Assurances
Exhibit G
Exhibit H Liability Insurance Increase
Exhibit I Alleged Consultant Design Error Procedures
Exhibit J Consultant Claim Procedures
Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 1 of 14
Revised
THIS AGREEMENT, made and entered into as shown in the “Execution Date” box on page one (1) of this
AGREEMENT, between the ,
hereinafter called the “AGENCY,” and the “Firm / Organization Name” referenced on page one (1) of this
AGREEMENT, hereinafter called the “CONSULTANT.”
WHEREAS, the AGENCY desires to accomplish the work referenced in “Description of Work” on page one (1)
commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide
the necessary SERVICES; and
WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating
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
necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor,
SERVICES as designated elsewhere in this AGREEMENT.
II.General Scope of Work
hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed
utilizing performance based contracting methodologies.
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, and/or
individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress,
notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit “A.”
The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will
outline in written and graphical form the various phases and the order of performance of the SERVICES in
The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws,
rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under
this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State
of Washington.
Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 2 of 14
Revised
V.Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT
as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES
www.ecfr.gov). The estimate in support of the Cost Plus Fixed Fee amount is attached hereto as Exhibits
“D” and “E” and by this reference made part of this AGREEMENT.
A.Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the
and direct non-salary costs.
1.Direct (RAW) Labor Costs: The Direct (RAW) Labor Cost is the direct salary paid to principals,
professional, technical, and clerical personnel for the time they are productively engaged in work necessary
direct salary costs billed to the AGENCY.
2.Indirect Cost Rate (ICR) Costs: ICR 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 ICR rates shown in attached Exhibits “D” and “E” of this AGREEMENT. Total
ICR payment shall be based on Actual Costs. The AGENCY agrees to reimburse the CONSULTANT
AGREEMENT, when accumulated with all other Actual Costs.
“E”, attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT (prime
ICR schedule. It shall also be used for the computation of progress payments during the following year and
sent to Email: ConsultantRates@wsdot.wa.gov.
Failure to supply this information by either the prime CONSULTANT or any of their sub-consultants shall
is received and an overhead rate for billing purposes is approved.
rate, if they so desire.
CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing,
long distance telephone, supplies, computer charges and fees of sub-consultants. Air or train travel will be
reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT
shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs)
under this AGREEMENT.
Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 4 of 14
Revised
enters into a supplemental AGREEMENT for additional work, the supplemental AGREEMENT may
include provisions for the added costs and an 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 billings. Any portion of the Fixed Fee earned but not
Section IX entitled “Termination of Agreement.”
for the MRF is shown in the heading of this AGREEMENT. This fund may not be replenished. Any
“ Work.”
6.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. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and
the MRF. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in
Section XIII, “ Work.” No minimum amount payable is guaranteed under this AGREEMENT.
B.Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of
Actual Costs plus the ICR and calculated fee on a monthly basis during the progress of the work. Such billings
listing for each item including Direct (RAW) Labor, Direct Non-Salary, and allowable ICR Costs to which will
be added the prorated Fixed Fee. To provide a means of verifying the billed Direct (RAW) Labor costs for
CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of
recording the names, titles, Direct (RAW) Labor rates, and present duties of those employees performing work
on the PROJECT at the time of the interview.
C.Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made
contingent, if applicable, upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other related
the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have
the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that
the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect
to such claims.
The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time
Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 5 of 14
Revised
D.Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for inspection
payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon
these records with the following exception: if any litigation, claim or audit arising out of, in connection with,
or related to this AGREEMENT is initiated before the expiration of the six (6) year period, the cost records and
accounts shall be retained until such litigation, claim, or audit involving the records is completed.
An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be performed by the
VI.Sub-Contracting
The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit “A” attached hereto and by
this reference made part of this AGREEMENT.
The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without
prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY
and sub-consultant, any contract or any other relationship.
Compensation for this sub-consultant SERVICES shall be based on the cost factors shown on Exhibit “E” attached
hereto and by this reference made part of this AGREEMENT.
consultant cost estimate unless a prior written approval has been issued by the AGENCY.
shall be negotiated and substantiated in accordance with section V “Payment Provisions” herein and shall be
each sub-consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With
The CONSULTANT, sub-recipient, or sub-consultant shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable
termination of this AGREEMENT or such other remedy as the recipient deems appropriate.
The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona
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 this 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
Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 6 of 14
Revised
Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made
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 this
AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this
AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly
retired employees, without written consent of the public employer of such person if he/she will be working on this
AGREEMENT for the CONSULTANT.
VIII.Nondiscrimination
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub-consultants,
subcontractors and successors in interest, agrees to comply with the following laws and regulations:
•Title VI of the Civil Rights Act of 1964
et. seq.)
•49 CFR Part 21
•49 CFR Part 26
et. seq.)
In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit “F”
attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit “F” in
or directives issued pursuant thereto.
IX.Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten
In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the
the time of termination of this AGREEMENT.
CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice
of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this
any excess paid.
If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT,
the above formula for payment shall not apply.
In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the
AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES
Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 7 of 14
Revised
date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of
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 paragraph two (2) of this section.
be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed
clauses listed previously.
CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT
unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s)
as set forth in the second and third paragraphs of this section.
Payment for any part of the SERVICES 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
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 completed work of this AGREEMENT as
it desirable for its own purposes to have previously satisfactorily completed SERVICES 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 XIII “Extra Work.”
XI.Disputes
Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within
binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the
parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under
the procedures found in Exhibit “J”. In the event that either party deem it necessary to institute legal action or
proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in the Superior
Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto
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 in which the AGENCY is located.
Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 8 of 14
Revised
XII.Legal Relations
The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws,
rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under this
AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of
Washington.
The CONSULTANT shall defend, indemnify, and hold The State of Washington (STATE) and the AGENCY and
from the negligence of, or the breach of any obligation under this AGREEMENT by, the CONSULTANT or the
the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY, their
the STATE and/or the AGENCY may be legally liable; and provided further that if the claims or suits are caused
sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally
vendors, of any tier, or any other persons for whom the STATE and or AGENCY may be legally liable, the defense
or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any
AGREEMENT between CONSULTANT and any sub-consultant, subcontractor and vendor, of any tier.
alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents,
agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the
CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any
use in connection with the AGREEMENT of methods, processes, designs, information or other items furnished or
provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly
improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or
employees by the CONSULTANT, its agents, employees, sub-consultants, subcontractors or vendors, of any tier, or
any other persons for whom the CONSULTANT may be legally liable.
Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole
discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and
any similar statute involving the CONSULTANT in the procurement of, or performance under, this AGREEMENT.
RCW. This waiver has been mutually negotiated between the Parties.
Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 9 of 14
Revised
construction contracts, if any, on the project. Subject to the processing of a new sole source, or 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
with the contract documents.
The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise
Insurance Coverage
aggregate for each policy period.
limit for each occurrence.
consultant and/or subcontractor as an additional insured (the “AIs”), with no restrictions or limitations concerning
products and completed operations coverage. This coverage shall be primary coverage and non-contributory and
any coverage maintained by the AIs shall be excess over, and shall not contribute with, the additional insured
waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with
All insurance shall be obtained from an insurance company authorized to do business in the State of Washington.
execution of this AGREEMENT to:
Name:
Agency:
Address:
City: State: Zip:
Email:
Phone:
Facsimile:
section IX “Termination of Agreement” of this AGREEMENT, shall be limited to the accumulative amount of the
liability to third parties be limited in any way.
Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 10 of 14
Revised
The AGENCY will pay no progress payments under section V “Payment Provisions” until the CONSULTANT has
fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is
available to it under other provisions of this AGREEMENT, or otherwise in law.
XIII.Extra Work
A.The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT
in the SERVICES to be performed.
of any part of the SERVICES under this AGREEMENT, whether or not changed by the order, or otherwise
and shall modify this AGREEMENT accordingly.
payment of this AGREEMENT.
D.Failure to agree to any adjustment shall be a dispute under the section XI “Disputes” clause. However, nothing
in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed.
E.Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above, the maximum amount payable for
to this AGREEMENT.
XIV.Endorsement of Plans
If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering
data furnished by them.
XV.Federal Review
The Federal Highway Administration shall have the right to participate in the review or examination of the
SERVICES in progress.
submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III “General
Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 11 of 14
Revised
XVII.Complete Agreement
This document and referenced attachments contain 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
to this AGREEMENT.
XVIII.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,
submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and
conditions thereof.
The CONSULTANT acknowledges that some of the material and information that may come into its possession
or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt
security data, or information which may jeopardize any part of the project that relates to any of these types of
information for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish, transfer,
or as provided by law. The CONSULTANT agrees to release such information or material only to employees,
sub-consultants or subcontractors who have signed a nondisclosure AGREEMENT, the terms of which have
been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and
be subject to inspection, review, or audit upon reasonable notice from the AGENCY.
investigating may include, but is not limited to, salting databases.
Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 12 of 14
Revised
Violation of this section by the CONSULTANT or its sub-consultants or subcontractors may result in termination of
It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which
be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT.
and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT; or (b) as soon as such
include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully
disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party;
(iii)is independently developed by or for the other party; (iv) is publicly known; or (v) is generally utilized by
The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure
jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure, the
The CONSULTANT agrees to notify the sub-consultant of any AGENCY communication regarding disclosure that
that unless the sub-consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure
a court order or other judicial relief enjoining the AGENCY by the release date, the CONSULTANT shall waive
and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages,
XX.Records Maintenance
During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6) years
“documents” pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all “documents”
of business during normal working hours. If any litigation, claim or audit is commenced, the CONSULTANT shall
cooperate with AGENCY and assist in the production of all such documents. “Documents” shall be retained until
the six (6) year retention period.
For purposes of this AGREEMENT, “documents” means every writing or record of every type and description,
including electronically stored information (“ESI”), that is in the possession, control, or custody of the
CONSULTANT, including, without limitation, any and all correspondences, contracts, AGREEMENT ‘s,
appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten
notes, reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records,
work sheets, charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings,
Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 13 of 14
Revised
tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or
telephone conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or
description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the
CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original,
or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original.
For purposes of this AGREEMENT, “ESI” means any and all computer data or electronic recorded media of any
kind, including “Native Files”, that are stored in any medium from which it can be retrieved and examined, either
directly or after translation into a reasonably useable form. ESI may include information and/or documentation
stored in various software programs such as: Email, Outlook, Word, Excel, Access, Publisher, PowerPoint, Adobe
Acrobat, SQL databases, or any other software or electronic communication programs or databases that the
CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup
electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any
personal devices used by the CONSULTANT or any sub-consultant at home.
The CONSULTANT shall include this section XX “Records Maintenance” in every subcontract it enters into in
relation to this AGREEMENT and bind the sub-consultant to its terms, unless expressly agreed to otherwise in
writing by the AGENCY prior to the execution of such subcontract.
In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the
“Execution Date” box on page one (1) of this AGREEMENT.
SignatureDate
SignatureDate
Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 14 of 14
Revised
Exhibit A
Scope of Work
Project No.
Agreement Number:
Exhibit A Page 1 of 1
EXHIBIT A – SCOPE OF WORK
City of Bremerton
Kitsap Lake Elementary Safe Routes to School
INTRODUCTION
The Kitsap Lake Elementary Safe Routes to School project involves construction of Americans with Disabilities
Act (ADA)-compliant sidewalks and other improvements to encourage students to walk or bicycle to Kitsap Lake
Elementary School. This document describes Parametrix’s proposed scope of work (SOW) for providing
engineering design services for the project. A proposed schedule is included in this scope and our proposed
budget is attached as Local Agency Guidelines (LAG) Exhibit D. Subconsultant SOWs are attached to this exhibit
and their budgets are provided in LAG Exhibit E. Main elements of the work will consist of:
Design a 10-foot-wide sidewalk on one side of Harlow Drive to provide a pedestrian access route (PAR)
from Kitsap Way to Kitsap Lake Elementary School.
Perform an alternatives analysis at a 10% design level to select a preferred sidewalk location.
Design ADA-compliant curb ramps and driveway approaches at approximately 28 locations.
Perform geotechnical studies including developing a design infiltration rate for infiltration of stormwater
runoff beneath the sidewalk.
Design pedestrian crosswalks, lighting, channelization, and signing.
Specific tasks for Phase 1 – Engineering Design Phase are described below. Phase 2 services will consist of
construction engineering services and will be added at a later time.
PHASE 1 –ENGINEERING DESIGN
Task 1 –Project Management and Meetings
Objective
Obtain project data; monitor and manage scope, schedule, and budget; and periodically meet with the City of
Bremerton (City) and other members of the design team to review project status.
Activities
The following activities will be performed:
Prepare a detailed schedule showing all major tasks, meetings, and review milestones.
Schedule, attend, and document bi-weekly project meetings via conference call. In addition, we anticipate
attending up to two public meetings.
Manage and direct the project technical team including subconsultants.
City of Bremerton233-1896-8AB
Kitsap Lake Elementary Safe Routes to School A-1 February 2018
Scope of Work
SCOPE OF WORK (continued)
Provide routine project management and communications (scope, schedule, budget, invoicing, etc.).
Prepare detailed monthly progress reports and progress billings, and submit to the City for approval and
payment. The monthly report will include a narrative of the work performed and the tasks to be performed in
the next reporting period.
Deliverables
The following deliverables are associated with this task:
Routine correspondence including monthly progress reports
Meeting agendas and notes
Assumptions
The following assumptions apply to this task:
Bi-weekly project conference calls will be attended by the Parametrix project manager (PM)
One Parametrix team member will attend the public meetings
Project duration for design services will be 12 months (March 2018 through February 2019)
Task 2 –Alternatives Analysis
Objective
To perform a streamlined alternatives analysis to support selection of a final sidewalk alignment.
Activities
The following activities will be performed:
Initiate topographical survey described under Task 6 below.
Incorporate topographical survey base map into design CADD files and develop conceptual alternative
sidewalk layouts in targeted study areas. The targeted areas will include sections of the alignment where
the proposed sidewalk encroaches onto private property and/or where steep driveway slopes on adjacent
slopes make construction of transitions difficult or impossible.
Develop 3D surface for alternative layouts to support cut/fill volume calculations and to identify locations
requiring retaining walls.
Estimate costs for alternative layouts.
Deliverables
The following deliverables are associated with this task:
Conceptual layout plans in 22- by 34-inch plan/plan format at 1 inch equals 20 feet scale
Driveway profiles in study areas
Conceptual cost estimates for alternatives
City of Bremerton233-1896-8AB
Kitsap Lake Elementary Safe Routes to School A-2 February 2018
Scope of Work
SCOPE OF WORK (continued)
Brief technical memorandum presenting results of analysis with a recommendation for preferred
alternative
Assumptions
The following assumptions apply to this task:
Up to three alternative layouts will be developed.
One plan sheet showing driveway profiles for the alternatives will be developed.
Review meeting to discuss results of analysis will be attended by Parametrix PM and lead roadway engineer.
Task 03–Environmental Documentation
Objective
Assist the City in obtaining project National Environmental Policy Act (NEPA)/ Washington State Environmental
Policy Act (SEPA) approval.
Activities
The following activities will be performed:
Procure a subconsultant to provide area of potential effect (APE) documentation and conduct a cultural
resources survey under Task 7 below.
Deliverables
The following deliverables are associated with this task:
APE documentation and Cultural Resources Survey Report (provided under Task 7 below)
Assumptions
The following assumptions apply to this task:
The project is designated NEPA Class 2 and qualifies for a C-List Categorical Exclusion. As such, the project
can be approved by WSDOT local programs without signature by the Federal Highway Administration
(FHWA).
The City will prepare a SEPA checklist for applicable local permit.
The City will prepare and submit a Categorical Exclusion Documentation Form for Washington State
Department of Transportation (WSDOT) Local Programs approval.
Task 4 –Preliminary Design (30%)
Objective
Prepare preliminary (30%) engineering plans, cost estimate, and schematics to support public meetings.
Activities
City of Bremerton233-1896-8AB
Kitsap Lake Elementary Safe Routes to School A-3 February 2018
Scope of Work
SCOPE OF WORK (continued)
The following activities will be performed:
Initiate 30% level design using the preferred sidewalk location from the alternatives analysis.
Identify potential utility conflicts, mark conflict locations in the field, and work with City Public Works staff
to pothole each location. Incorporate pothole information into design.
Prepare a drainage report meeting City requirements for local permits. Preparation of the report will
include hydrologic/hydraulic modeling in accordance with the Washington State Department of Ecology
(Ecology) Stormwater Management Manual for Western Washington (SWMMWW) and City design
standards.
Prepare 30% engineering plans for the roadway and utilities.
Prepare a 30% cost estimate.
Prepare schematics for public meetings using the 30% design as a basis.
Deliverables
Deliverables associated with this task are provided below. Note that some plan sheets are provided by our
subconsultant, PH Consulting.
The proposed plan sheets to be delivered for this task are listed as follows:
Cover with Vicinity Map and Sheet Index 1 sheet
Site Plan and Plan Sheet Key 1 sheet
Legend and Abbreviations 1 sheet
Survey Control 1 sheet
Typical Roadway Sections 1 sheet
Roadway Plan and Profile, including stormwater improvements 8 sheets at 1 inch = 20 feet scale
Driveway Profiles 1 sheet
Notes, Signing and Channelization PH, 7 sheets
Crossing Beacon, School Zone Flasher, and Street Lighting PH, 6 sheets
Electrical Details PH, 1 sheet
28sheets total
30% cost estimate
Drainage report
Schematics for public meetings
Assumptions
The following assumptions apply to this task:
The Parametrix PM will attend a 30% design review meeting in person. All other team members will call in
as appropriate.
City of Bremerton233-1896-8AB
Kitsap Lake Elementary Safe Routes to School A-4 February 2018
Scope of Work
SCOPE OF WORK (continued)
Potholing to determine existing pavement thicknesses and/or locations of existing underground utilities
will be performed using City crews and equipment with observation provided by Parametrix.
Paving and utilities sheets will be prepared in plan and profile format at a scale of 1 inch equals 20 feet.
Approximately half of the roadway will be milled and overlaid.
Cost estimates will be based on a combination of historical information on recent similar local projects,
recent WSDOT bid tabs, and a more detailed analysis for the major components.
Up to two schematics will be provided in 22-by-34-inch format.
Task 5 –Final Design (60%, 90%, and Bid Set PS&E)
Objective
Prepare 60%, 90%, and Bid Set plans, specifications, and cost estimates for the roadway and utility improvements.
Note that the 100% submittal step has been eliminated. This is because it is anticipated that the design will be
well developed by the 90% stage and that an additional review submittal at 100% will not be needed.
Activities
The following activities will be performed:
Prepare engineering plans for the roadway and utility improvements. Plan sheets will contain plans and
profile at a scale of 1 inch equals 20 feet.
Prepare a cost estimate at each deliverable stage.
Prepare special provisions at each deliverable stage.
Prepare contract documents for the 90% and Bid Set deliverables packages.
Prepare maximum extent feasible (MEF) technical memorandum (if required) to record and justify
non-compliance with ADA guidelines. Also complete MEF Microsoft Excel worksheet.
Deliverables
Deliverables associated with this task are provided below. Note that some plan sheets are provided by our
subconsultant, PH Consulting.The proposed plan sheets to be delivered for this task are listed as follows:
Cover with Vicinity Map and Sheet Index 1 sheet
Site Plan and Plan Sheet Key 1 sheet
Legend and Abbreviations 1 sheet
Temporary Erosion and Sediment Control (TESC) Notes 1 sheet
Survey Control 1 sheet
Site Preparation, Demolition, and TESC 5 sheets plan/plan
TESC and Demolition Details 1 sheet
Typical Roadway Sections 1 sheet
Roadway Plan and Profile, including stormwater improvements 8 sheets at 1 inch = 20 feet scale
City of Bremerton233-1896-8AB
Kitsap Lake Elementary Safe Routes to School A-5 February 2018
Scope of Work
SCOPE OF WORK (continued)
Driveway and Curb Ramp Grading 7 sheets at 4 ramps/dws/sheet
Raised Crosswalk Sections and Details 1 sheet
Driveway Profiles 1 sheet
Roadway and Drainage Details 3 sheets
Retaining Wall Plan and Profile 2 sheets at 1 inch = 10 feet scale
Retaining Wall Sections and Details 1 sheet
Temporary Traffic Control Plan 2 sheets
Notes, Signing and Channelization PH, 7 sheets
Crossing Beacon, School Zone Flasher, and Street Lighting PH, 6 sheets
Electrical Details PH, 1 sheet
51totalsheets
60%, 90%, and Bid Set cost estimates
60 %, 90%, and Bid Set contract documents
One hard copy and one PDF set of all plans (11-by-17-inch), special provisions, and cost estimates at each
design stage
AutoCAD and PDF files of all drawings and documents provided on CD-ROM
Two hard copies of Bid Set Plans on full-sized sheets (sealed by Washington P.E.), special provisions, and
contract documents
MEF documentation
Assumptions
The following assumptions apply to this task:
The Parametrix PM will attend design review meetings in person. All other team members will call in as
appropriate.
Special provisions and all drawings will follow WSDOT format.
The City will provide the legal documents section of the contract documents in Microsoft Word format.
Conformed Set documents will be prepared under a future task.
MEF technical memorandum and MEF worksheet will follow WSDOT templates.
Task 6 –Survey
Objective
Parametrix will prepare a survey base map suitable for design and ROW acquisition activities anticipated for the
project. Exhibits will be prepared and sealed by a professional surveyor licensed to practice in the State of
Washington.
City of Bremerton233-1896-8AB
Kitsap Lake Elementary Safe Routes to School A-6 February 2018
Scope of Work
SCOPE OF WORK (continued)
Activities
The following activities are associated with this task:
Establish horizontal control (NAD 83/91). Set and measure horizontal control necessary for the mapping
and ROW determination.
Establish vertical control. It is anticipated that project will be oriented to the vertical datum of NGVD29.
Complete topographic mapping and survey underground utilities within that portion shown on attached
Figure 1. Utility mapping will include the routing of overhead utilities. Topography shall be surveyed using
methods that will produce a 1-foot contour interval base map. The mapping will include, but will not be
limited to the following above ground features:
Curb and gutter including existing curb cuts, curb ramps and driveways
Sidewalks and paths
Rockeries and walls
Steps/stairs
Existing structures and buildings
Pavement edges
Ditches
Fences
Driveways and ramps
Luminaires
Landscaping
Water meters, valves, hydrants, and irrigation control valves
Measure down to top actuator nut of water valves
Electrical transformers, vaults, poles, and hand-holes
Telecommunication risers, vaults, poles, junction boxes, and hand-holes
Gas valves and meters
Storm drain manhole lids with pipe sizes, shape, invert elevations, and material composition
Catch basin rims with pipe sizes, invert elevations, and material composition
Sanitary sewer manhole lids with pipe sizes, invert elevations, and material composition
Culverts with associated pipe sizes, invert elevations, and material composition
Grade breaks, localized depressions, ditches, ridges, and other surface grades
Street signs
Street trees over 4-inch caliper with size, type, and drip line noted
Channelization
Sub-surface utility paint marks delineated by a professional utility location service
City of Bremerton233-1896-8AB
Kitsap Lake Elementary Safe Routes to School A-7 February 2018
Scope of Work
SCOPE OF WORK (continued)
Survey and calculate all ROWs and parcel lines lying within and adjacent to the mapping limits.
Compile mapping and boundary information into a 1 inch equals 20 feet scale base map in AutoCAD, Civil
3D Version 2016.
Prepare ROW sheets within the project limits to WSDOT ROW standards.
Prepare legal descriptions and exhibit maps for permanent sidewalk easements.
Deliverables
The following deliverables are associated with this task:
Base map at 1 inch equals 20 feet scale in AutoCAD, Version 2016 in electronic format for each survey
area
Draft and final ROW plan sheets
Draft and final legal descriptions and exhibits for sidewalk easements
Assumptions
The following assumptions apply to this task:
Topographic survey and design will be provided in AutoCAD 2016 and Civil 3D.
The City will obtain rights of entry for survey on private property.
Base map will be developed using Parametrix’ colors, text size/style, and layering conventions.
GIS parcel line information will be sufficient for the purposes of delineating lateral ownership boundaries
with exception to properties lying within and directly adjacent to the topographic mapping limits.
Surveyed utilities will target known underground utilities identified by the Washington Utility Notification
Center including water, storm sewer, sanitary sewer, communications, and power. A private
underground utility locate firm will not be hired by Parametrix to locate existing utilities.
Up to six ROW sheets will be prepared at 1 inch equals 50 feet scale.
Temporary Construction Easement (TCE) exhibits will be shown only on the ROW plans; no separate legal
descriptions or exhibits will be prepared.
Permanent sidewalk easement exhibits will be prepared for up four parcels.
Recording fees associated with deliverables will be paid by the City.
Deliverables
The following deliverables are associated with this task:
Draft and final ROW plan sheets
Draft and final TCE and sidewalk easement exhibits
City of Bremerton233-1896-8AB
Kitsap Lake Elementary Safe Routes to School A-8 February 2018
Scope of Work
SCOPE OF WORK (continued)
Task 7–Subconsultants
Objective
Parametrix will procure subconsultants to provide traffic engineering, geotechnical engineering, and cultural
resources services. Subconsultant detailed SOWs are included with this exhibit, and budgets for each
subconsultant are provided in Exhibit E.
Activities
The following activities will be performed:
PH Consulting, LLC (PH) will provide channelization, signing, power, street lighting, and flashing beacon
design. PH is a certified Minority and Disadvantaged Business Enterprise (M/DBE).
Shannon & Wilson, Inc. (S&W) will provide geotechnical design services including recommendations to
support retaining wall design, light pole foundation design, and stormwater infiltration design. Design
infiltration rate will be developed using procedures contained in Ecology’s 2014 SWMMWW.
Cultural Resource Consultants (CRC) will conduct a cultural resources survey and provide APE
documentation to support NEPA approval.
Universal Field Services (UFS) will complete ROW acquisition services under a future phase of work. UFS
will be retained following 30% design once ROW needs are more clearly defined.
Deliverables
The following deliverables are associated with this task:
PH will provide documentation during preliminary design for streamlined alternatives analysis for raised
crosswalk marking. The purpose of this work is to select an alternative to rectangular rapid flashing
beacons (RRFBs), which are not currently approved by FHWA. Results of analysis will be documented in a
Design Criteria Memorandum. PH will also provide 30%, 60%, 90%, and Bid Set PS&E documents for
channelization, signing, power, street lighting, and crosswalk marking.
S&W will provide a draft and final geotechnical report.
CRC will provide APE documentation and a cultural resources survey report.
Assumptions
The following assumptions apply to this task:
PH design for marking raised crosswalks will be based on a streamlined alternatives analysis performed
during preliminary design. Alternatives will be developed and evaluated with input from City staff.
Parametrix will incorporate PH-provided documents into design deliverables.
S&W will drill a total of 6 shallow soil borings (each 5-to-10 feet deep) at approximate 500-foot spacing.
Drilling locations will be at select locations along the road shoulder. Since work will be off the shoulder,
traffic control will consist of signage only and flaggers will not be required. A total of three pilot
infiltration tests (PITs) will be performed at select locations to provide information for developing a
design infiltration rate.
City of Bremerton233-1896-8AB
Kitsap Lake Elementary Safe Routes to School A-9 February 2018
Scope of Work
SCOPE OF WORK (continued)
Phase 8 –Management Reserve
Objective
Work under this task will provide additional technical services as requested and authorized in writing by the City.
City of Bremerton233-1896-8AB
Kitsap Lake Elementary Safe Routes to School A-10 February 2018
Scope of Work
Schedule
Work Element Completed By
Notice to Proceed March 22, 2018
Survey (6 weeks)May 3, 2018
Alternatives Analysis (4 weeks) May 31, 2018
30% Design/ROW Exhibits (6 weeks) July 12, 2018
60% PS&E (8 weeks) September 6, 2018
90% PS&E (8 weeks) November 1, 2018
Bid Set PS&E (6 weeks) December 13, 2018
Advertise for Bid December 20, 2018
Construction June – September 2019
Project Closeout December 31, 2019
NOTE: Theassumed turnaround time for City review of deliverables is 1 week.
City of Bremerton233-1896-8AB
Kitsap Lake Elementary Safe Routes to School A-11 February 2018
Scope of Work
Exhibit B
DBE Participation
Agreement Number:
Exhibit B Page 1 of 1
Exhibit C
Preparation and Delivery of Electronic Engineering and Other Data
In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is
include, but are not limited to, the following:
I.Surveying, Roadway Design & Plans Preparation Section
A.Survey Data
B.Roadway Design Files
C.Computer Aided Drafting Files
Agreement Number:
Exhibit C Page 1 of 4
E.Specify the Electronic Deliverables to Be Provided to the Agency
F.Specify What Agency Furnished Services and Information Is to Be Provided
Agreement Number:
Exhibit C Page 2 of 4
II.Any Other Electronic Files to Be Provided
III.Methods to Electronically Exchange Data
Exhibit C Page 3 of 4
A.Agency Software Suite
B.Electronic Messaging System
C.File Transfers Format
Exhibit C Page 4 of 4
Exhibit D
Prime Consultant Cost Computations
Agreement Number:
Exhibit D Page 1 of 1
Exhibit D
Prime Consultant Cost Computations
Project:
Kitsap Lake Elementary Safe Routes to School
Direct Salary Cost (DSC):
Classification Hours=Rate=Cost
Sr. Consultant (Project Manager)96X$69.35$6,657.60
Sr. Engineer105X$67.81$7,120.05
Engineer II572X$35.80$20,477.60
Engineer IV12X$44.28$531.36
Scientist I24X$24.52$588.48
CADD Operator III214X$30.00$6,420.00
Sr. Engineer (Structural)10X$64.04$640.40
Designer IV56X$47.99$2,687.44
Survey Supervisor21X$60.57$1,271.97
Surveyor I100X$24.32$2,432.00
Surveyor II50X$31.00$1,550.00
Surveyor III39X$37.64$1,467.96
Technical Lead (Survey)126X$36.20$4,561.20
Sr. Project Coordinator10X$28.56$285.60
Project Controls Specialist15X$34.60$519.00
Project Accountant12X$27.95$335.40
Sr. Contracts Administrator6X$42.45$254.70
Sr. Publications Specialist24X$30.87$740.88
X$0.00
X$0.00
X$0.00
Total DSC=$58,541.64
Overhead (OH Cost -- including Salary Additives):
OH Rate x DSC of1.8776 x $$58,541.64$109,917.78
Fixed Fee (FF):
FF Rate x DSC of21.00% x $$58,541.64$12,293.74
Reimbursables:
Mileage112miles x$0.54$59.92
Survey Equipment10days x$140.00$1,400.00
Subconsultants:
PH Consulting$67,888.45
Shannon & Wilson (geotechnical)$26,520.55
CRC (cultural resources)$3,376.00
Grand Total$279,998.09
Date:
Agreement Number:
WSDOT Form 140-089 EF Exhibit D Page 1 of 1
Exhibit E
Sub-consultant Cost Computations
the performance of any work under this AGREEMENT without prior written permission of the AGENCY.
Refer to section VI “Sub-Contracting” of this AGREEMENT.
Agreement Number:
Exhibit E Page 1 of 1
Exhibit E
Subconsultant Cost Computations
Project:
Direct Salary Cost (DSC):
ClassificationMan Hours=Rate=Cost
Martin Page/Officer-PM24X$65.67$1,576.08
Justin Cook/Geotechnical Professional III9032.84$2,955.60
Paul VanHorne/Senior Hydrogeologist8X41.66$333.28
Lori Nelson/Senior Office Services6X28.94$173.64
Sandy Cottrell/Senior Technical Services5X34.81$174.05
X$0.00
X$0.00
X$0.00
X$0.00
X$0.00
X$0.00
X$0.00
X$0.00
X$0.00
X$0.00
Total DSC=$5,212.65
Overhead (OH Cost -- including Salary Additives):
OH Rate x DSC of1.90% x $$5,212.65$9,918.11
Fixed Fee (FF):
FF Rate x DSC of30% x $$5,212.65$1,563.80
Reimbursables:
reproduction$50.00
travel$250.00
Subconsultants:
Drilling $3,526.00
PIT excavating$6,000.00
Grand Total$26,520.55
Date:
Agreement Number:
WSDOT Form 140-089 EF Exhibit E Page 1 of 1
Exhibit E
Subconsultant Cost Computations
Project: Kitsap Lake Elemantary Safe Routes to School Project
Direct Salary Cost (DSC):CRC
ClassificationMan Hours=Rate=Cost
Principal Investigator3X$53.05$159.15
Projects Manager2X$35.48$70.96
Project Archaeologist I29X$41.36$1,199.44
Office Manager2X$38.11$76.22
X$0.00
X$0.00
X$0.00
X$0.00
X$0.00
X$0.00
X$0.00
X$0.00
X$0.00
X$0.00
X$0.00
X$0.00
X$0.00
Total DSC=$1,505.77
Overhead (OH Cost -- including Salary Additives):
OH Rate x DSC of1.10% x $$1,656.35$1,656.35
Fixed Fee (FF):
FF Rate x DSC of0.3% x $$451.73$135.52
Reimbursables:
Mileage at current IRS Rate1400.535$74.90
Graphic Charges200.15$3.00
$77.90
Subconsultants:
Grand Total$3,375.54
Date:1/29/2018
Exhibit F
Title VI Assurances
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors
in interest agrees as follows:
1.Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non-
discrimination in federally assisted programs of the AGENCY, 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.
2.Non-discrimination: The CONSULTANT, with regard to the work performed during this AGREEMENT,
shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention
REGULATIONS, including employment practices when this AGREEMENT covers a program set forth
in Appendix B of the REGULATIONS.
either by competitive bidding or negotiations made by the CONSULTANT for work to be performed
this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color,
sex, or national origin.
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, the
STATE, or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such
exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall
so certify to the AGENCY, the STATE, or the FHWA as appropriate, and shall set forth what efforts it has
made to obtain the information.
discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions
as it, the STATE, or the FHWA may determine to be appropriate, including, but not limited to:
•Withholding of payments to the CONSULTANT under this AGREEMENT until the CONSULTANT
complies, and/or;
•Cancellation, termination, or suspension of this AGREEMENT, in whole or in part.
6.Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through
REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with
respect to any sub-consultant or procurement as the STATE, the AGENCY, or FHWA may direct as a means
of enforcing such provisions including sanctions for non-compliance.
Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with,
the AGENCY enter into such litigation to protect the interests of the STATE and/or the AGENCY and, in
of the United States.
Agreement Number:
Exhibit F Page 1 of 1
Exhibit G
Exhibit G-1(a)
Exhibit G-1(b)
Exhibit G-2
Primary Covered Transactions
Exhibit G-4
Agreement Number:
Page 1 of 1
whose address is
a)Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration,
to solicit or secure this AGREEMENT;
b)Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of
for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in
connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any);
and the Federal Highway Administration, U.S. Department of Transportation in connection with this
AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and
Federal laws, both criminal and civil.
Consultant (Firm Name)
Date
Agreement Number:
Page 1 of 1
I hereby certify that I am the:
Other
of the , and
with obtaining or carrying out this AGREEMENT to:
of any kind; except as hereby expressly stated (if any):
and the Federal Highway Administration, U.S. Department of Transportation, in connection with this
AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and
Federal
laws, both criminal and civil.
SignatureDate
Agreement Number:
Page 1 of 1
Responsibility Matters - Primary Covered Transactions
A.Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under
a public transaction; violation of Federal or State anti-trust statues or commission of embezzlement,
stolen property;
C.Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b)
transactions (Federal, State and local) terminated for cause or default.
such prospective participant shall attach an explanation to this proposal.
Consultant (Firm Name)
Date
Agreement Number:
Page 1 of 1
for Lobbying
knowledge and belief, that:
1.No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative AGREEMENT, and the extension, continuation, renewal, amendment,
2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for
Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete and submit
Standard Form - LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
for each such failure.
and that all such sub-recipients shall certify and disclose accordingly.
Consultant (Firm Name)
Date
Agreement Number:
Page 1 of 1
*
representative in support of are accurate, complete, and current
**
as of .
Firm:
SignatureTitle
Date of Execution***:
*
**Insert the day, month, and year, when price negotiations were concluded and price AGREEMENT was reached.
***Insert the day, month, and year, of signing, which should be as close as practicable to the date when the price negotiations were concluded and the
contract price was agreed to.
Agreement Number:
Page 1 of 1
Exhibit H
Liability Insurance Increase
To Be Used Only If Insurance Requirements Are Increased
and Insurance of this Agreement is amended to $.
The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the
amount of $.
Such insurance coverage shall be evidenced by one of the following methods:
Self-insurance through documentation of a separate fund established exclusively for the payment of professional
liability claims, including claim amounts already reserved against the fund, safeguards established for payment
those funds.
to the Federal Highway Administration (FHWA) for approval to increase the minimum insurance limit.
If FHWA approval is obtained, the AGENCY may, at its own cost, reimburse the CONSULTANT for the additional
.
•Include all costs, fee increase, premiums.
•This cost shall not be billed against an FHWA funded project.
Agreement Number:
Exhibit H Page 1 of 1
Exhibit I
Alleged Consultant Design Error Procedures
nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution
and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage
due to the alleged error by the consultant.
project manager to notify the Director of Public Works or Agency Engineer regarding the potential design
error(s). For federally funded projects, the Region Local Programs Engineer should be informed and
involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an
agency staff person other than the project manager, who has not been as directly involved in the project,
to be responsible for the remaining steps in these procedures.)
After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the
If it is determined that there is a need to proceed further, the next step in the process is for the project
manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged
error(s). The project manager and other appropriate agency staff should represent the agency and the
consultant should be represented by their project manager and any personnel (including sub-consultants)
deemed appropriate for the alleged design error(s) issue.
error(s), there are three possible scenarios:
•It is determined via mutual agreement that there is not a consultant design error(s). If this is the case,
then the process will not proceed beyond this point.
•It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case,
then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement
with the consultant. The settlement would be paid to the agency or the amount would be reduced from
took place. The agency is to provide LP, through the Region Local Programs Engineer, a summary
of the settlement for review and to make adjustments, if any, as to how the settlement affects federal
•There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may
Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal
Agreement Number:
Exhibit I Page 1 of 2
Step 5 Forward Documents to Local Programs
For federally funded projects all available information, including costs, should be forwarded through the
Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet
with representatives of the agency and the consultant to review the alleged design error(s), and attempt
for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of project costs
for federal reimbursement.
•If mutual agreement is reached, the agency and consultant adjust the scope of work and costs
of federal participation in the agreed upon resolution of the issue.
•If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration
or by litigation.
Agreement Number:
Exhibit I Page 2 of 2
Exhibit J
Consultant Claim Procedures
The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following
This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential
claim by the consultant.
•Any correspondence that directed the consultant to perform the additional work;
•Timeframe of the additional work that was outside of the project scope;
the additional work; and
•Explanation as to why the consultant believes the additional work was outside of the agreement
scope of work.
Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the
recommendation for federal participation in the claim to the WSDOT Local Programs through the Region
Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from
agency funds.
If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs
backup documentation to the consultant to either supplement the agreement, or create a new agreement
the agreement is subject to audit. No further action in needed regarding the claim procedures.
Agreement Number:
Exhibit J Page 1 of 2
for the Director of Public Works or Agency Engineer that included the following:
•Copy of information supplied by the consultant regarding the claim;
•Any correspondence that directed the consultant to perform the additional work;
with the additional work;
claim(s);
•Explanation to describe what has been instituted to preclude future consultant claim(s); and
•Recommendations to resolve the claim.
The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove
the claim, or portions thereof, which may include getting Agency Council or Commission approval (as
appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain
is not eligible for federal participation, payment will need to be from agency funds.
and rationale utilized for the decision.
The agency shall write the supplement and/or new agreement and pay the consultant the amount
Agreement Number:
Exhibit J Page 2 of 2
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
B3
SUBJECT: Update on the Norm Dicks Study Session Date: March 14, 2018
Government Center Tenant Improvements
COUNCIL MEETING Date: March 21, 2018
and related Budget Adjustment(s)
Department: Public Works
Presenter: Chal Martin
Phone: (360) 473-5758
SUMMARY: -purchased space in the Norm Dicks Government
Center is entering its final stage. The project will exceed the expense budget originally established in
2017, but is still within the revenue generated with the transfer of assets. Council authorization is
th
needed to enable the 5 floor furniture order to proceed and other final elements of the work to be
wrapped up. This request is for a project budget adjustment to $637,079 for phase I which includes
first, fifth and sixth floor work not including IS/Prosecutors on fifth floor.
ATTACHMENTS:
1. Staff Memo
FISCAL IMPACTS (Include Budgeted Amount): The established project expense budget was
$495,000 in 2017. This expense budget will be carried forward into the 2018 budget. The difference
between the revenue available for this work $637,079 and the $495,000 project budget was credited
to the General Fund, and currently resides in fund balance.
STUDY SESSION AGENDA: Limited Presentation Full Presentation
STUDY SESSION ACTION: Consent Agenda General Business Public Hearing
RECOMMENDED MOTION:
Move to approve a project expenditure budget increase of $142,420.79 for the Norm Dicks
Government Center Tenant Improvement project from the General Fund ending fund balance.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
Norm Dicks Government Center Tenant Improvements
Update and Budget Adjustment Request
March 9, 2018
NDGC
stth
1. Purchase of the NDGC 1 floor and 5 floor space and transfer of assets to the Water Utility generated
$637,079 for the tenant improvements.
2. As of late 2017, project budget estimate was $495,000. We carried forward this estimate into the 2018
budget to provide budgeting discipline. This was our best estimate at that time.
3. Expenses have increased for a number of reasons:
th
The ingoing 6 floor concept had to be abandoned when security issues related to the Prosecuting
Attorney function became apparent;
This also indicated the need to move the City Auditor, and added expenses to the DCD area to provide
a more optimal customer service area;
th
Furniture for the 5 floor engineering space was more expensive than originally anticipated;
Our overtime hours were higher than anticipated because work was completed at night and on
weekends to ensure uninterrupted work flow.
4. After reviewing work in progress and projecting the remaining expenses, we currently estimate the final
project expense to be $620,000 (25% increase).
5. All affected employees in this project are universally appreciative of our great in-house Facilities staff led by
Chris Mottner. This project has been a significant challenge for the City but would have been impossible if
attempted via design consultant and contractor, given that all work functions had to continue uninterrupted.
wĻƨǒĻƭƷʹ /ƚǒƓĭźƌ ğƦƦƩƚǝĻ ğ ĬǒķŭĻƷ ğķƆǒƭƷƒĻƓƷ Ʒƚ ƒğƷĭŷ ƷŷĻ ƚƩźŭźƓğƌ ŅǒƓķƭ ğǝğźƌğĬƌĻ ƚŅ υЏЌАͲЉАВ͵
Information Services / Prosecuting Attorney
1. This is additional work, not included above.
2. This work is necessary due to the Information Services business increase and the security needs of both IS
3. We will bring details to the Council soon. Ingoing budget estimate is $120,000.
Martin / chal.martin@ci.bremerton.wa.us / 473-5758 / 9 Mar 2018
________________________________________________________________________________
Public Works & Utilities 100 Oyster Bay Ave. N., Bremerton, WA 98312 * Phone (360) 473-5920 * Fax (360) 473-2330
Working for and with our residentcity!
AGENDA BILL
CITY OF BREMERTON
B4
CITY COUNCIL
SUBJECT: Purchase of Office Furniture
Study Session Date: March 14, 2018
with Staples Contract and Commercial, Inc.
COUNCIL MEETING Date: March 21, 2018
for the 5th Floor Engineering Department
Department: PW&U
Presenter: Chal Martin
Phone: (360) 473-5758
SUMMARY: Request for Office Furniture purchase approval with Staples Contract and Commercial
Inc. for the amount of $131,635.32 which includes Washington State sales tax per procurement
process of the NJPA Governmental Purchase Agency.
th
ATTACHMENTS: 1) City of Bremerton 5Floor overall furniture layout plan, 2) Staples
quotation/agreement #FQO-478446
FISCAL IMPACTS (Include Budgeted Amount): Funds are available for this purchase within the
th
Norm Dicks Government Remodel Project 5Floor.
STUDY SESSION AGENDA: Limited Presentation Full Presentation
STUDY SESSION ACTION: Consent Agenda General Business Public Hearing
RECOMMENDED MOTION:
Move to approve the purchase of office furniture with Staples Contract and Commercial Inc. in the
amount of $131,635.32, including Washington State sales tax.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
B5
SUBJECT: 2018-2020 Collective Study Session Date: March 14, 2018
Bargaining Agreement Between the City of
COUNCIL MEETING Date: March 21, 2018
Bremerton and the Bremerton Police
Department: Legal HR
Management Association
Presenter: Charlotte Nelson
Phone: (360) 473-5926
SUMMARY: Pursuant to RCW 41.56, negotiations have concluded between representatives of the
City and the Bremerton Police Management Association resulting in the attached Collective
Bargaining Agreement for 2018 through 2020. The agreement includes a 3% wage adjustment for
2018, a 2.5% for 2019, and a 2.5% for 2020. The Collective Bargaining Agreement has been ratified
by the BPMA membership. Council approval is required to implement this agreement.
ATTACHMENTS: Collective Bargaining Agreement between the City of Bremerton and the
Bremerton Police Management Association
FISCAL IMPACTS (Include Budgeted Amount): The projected additional cost of implementing this
three year Collective Bargaining Agreement is approximately $301,658.63 for the term of the
Agreement. The funds for 2018 ($79,602.51) are included in the set aside of the recently approved
budget.
STUDY SESSION AGENDA: Limited Presentation Full Presentation
STUDY SESSION ACTION: Consent Agenda General Business Public Hearing
RECOMMENDED MOTION:
Move to approve the Collective Bargaining Agreement between the City of Bremerton and the
Bremerton Police Management Association for 2018 through 2020, and to authorize an increase in
the Police department expenditure budget in the amount of $79,602.51; and further authorize the
Mayor to finalize and execute the Collective Bargaining Agreement with substantially the same terms
and conditions as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
INFORMATION ONLY ITEM
CITY OF BREMERTON
C1
CITY COUNCIL
SUBJECT: Shaping CDBG Policy Plan Study Session Date: March 14, 2018
Briefing; and Establishing Funding Priorities
Presenter: Sarah Achaoui
for the 2019 Program Year
Phone: 360-473-5375
SUMMARY:
The City of Bremerton has a five-year Consolidated Plan for the use of our Federal Community
Development Block Grant (CDBG) funds. This Consolidated Plan covers the time period from
2016-2020, and this plan has established a targeted area for capital projects (see the attached
map). Since the adoption of the new Consolidated Plan, the City has conducted workshops with
the City Council annually to determine funding priorities within the target area prior to the release
th
information only briefing, March 14 and the release of the 2019 Policy Plan for a 30 day
thth
comment period on April 11 with adoption of the plan on May 16 2018. The timeline for the
2019 Program Year is also attached to this agenda bill.
The purpose of this information briefing is to determine if the City Council wants to limit the scope
grant applications (for 2018 funds) more/less narrowly than was done
process. As a reminder, City Council set the following priorities for applications last year:
Capital Projects in the Target Area
City-Wide Job Training Programs
Staff will facilitate a discussion at the study session to assist the Council in determining funding
ications. Staff expects that Council Members may ask questions
during the study session that may need more research or analy
th
process for this by setting up another information-only discussion on May 9. We also would like
feedback from the public on this process and will release the proposed funding recommendations
for a 30-day comment period.
HANDOUTS:
CDBG annual process
STUDY SESSION AGENDA: No Presentation Full Presentation
Form Created 5/4/15
Program Year
Planning Workshop for 2019 CDBG
income Bremerton
-
low and low
-
Provide decent affordable housing; Create suitable living environments;Create economic opportunities Revitalize targeted neighborhoods; Improve and preserve affordable homeownership
housing; Expand economic opportunities for veryresidents;Abate Slum and Blight conditions downtown;Increase homeownership opportunities for low to moderate income Bremerton residents.
HUD Objectives: City of Bremerton Strategic Plan Priorities:
Consolidated Plan
poverty strategy
-
income neighborhoods through infrastructure
-
and moderateand moderate income businesses and business districts with
--
Develop and preserve affordable rental and homeownership housing;Support lowupgrades, or capital improvements;Support lowinfrastructure and economic development assistance;Support job
training activities as part of an anti
Wide open or Narrowly funded?
Ideas of funding priorities
AGENDA BILL
CITY OF BREMERTON
C2
CITY COUNCIL
(Updated)
SUBJECT: Resolution No. Authorizing Study Session Date: March 14, 2018
Forgiveness, Release, and Write-Off of
COUNCIL MEETING Date: March 21, 2018
Unrecoverable CDBG Loans
Department: DCD-CDBG
Presenter: Sarah Achaoui
Phone: (360) 473-5375
SUMMARY: For many years, since at least the 1980s, the City has offered housing loans to low-
income residents of our community. In 2017 Council adopted a Housing Loan Portfolio Policies and
2017 a review was completed in which 25 loans were determined to be unrecoverable pursuant to
the manual and therefore staff is proposing that they be written off.
ATTACHMENTS:
Staff Memo
Resolution
Exhibit A: List of Unrecoverable Loans
FISCAL IMPACTS (Include Budgeted Amount): None, loan funds are unrecoverable and the City
is not currently awarding loans.
STUDY SESSION AGENDA: Limited Presentation Full Presentation
STUDY SESSION ACTION: Consent Agenda General Business Public Hearing
RECOMMENDED MOTION: Move to approve Resolution No. _____ to write off twenty-five (25)
CDBG/HOME funded housing rehabilitation/Down Payment Assistance Loans.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
DEPARTMENT OF
COMMUNITY DEVELOPMENT
M EMORANDUM
To: City Council
From: Sarah Achaoui, CDBG/HOME Administrator
Date: March 14, 2018
Re: City of Bremerton Loan Portfolio Management Policy and Procedures;
Loan Write-Off Authorization
Loan Portfolio Management Policy and Procedures
For many yearssince at least the 1980sthe City has offered housing loans to low-income
st
residents of our community. On June 21 2017 the City Council passed Resolution Number 3289
adopting a Housing Loan Portfolio Policies and Procedures manual that to established a framework
by which the City could better meet the following goals:
Increase homeownership and assist low income borrowers to remain in their homes; and
Continue funding loan programs with proceeds of loan payoffs;
Represent most accurately liabilities and recoverable assets for financial reporting
The City is currently not awarding any loans.
have been updated based on prevailing needs,
resulting in a loan portfolio containing varying terms and conditions. With the adoption of the
Loan Portfolio Policies and Procedures staff is required to conduct an annual portfolio review off
all loans.
This Portfolio review was conducted in 2017 and a total of 25 loans are recommended to be
written-off following the policies outlined in the procedural documents. A significant portion of
these loans (19) are loans were the borrower foreclosed upon their property, funds were not
recovered in the sale. The majority of these trustee sales took place in the late
because of the length of time that has passed, funds are not
recoverable.
Page 1
The other loans proposed to be written off are:
Loan Original
Borrower Origination Loan Amount Reason
Date Amount
Under prior staff oversight, a note was executed and
Deed recorded for a Home Repair loan, but staff did not
1997 $6,187.07
R.H. record an increase for a later change order in the
$6,187.07
amount of $6,187.07. Recommend forgiveness of the
$6,187.07 change-order increase.
Borrower deceased and property ownership transferred
to disabled daughter via quit-claim; City was not notified
at the time of transfer. City chose to informally forgive
$14,984
L.R.1 $14,984.00
rather than call in the loan on developmentally disabled
1986
current owner. Since the original loan was deferred
L.R.2 $1,475.00
indefinitely, the City could potentially recover funds via
foreclosure or if the property is sold in the future and the
estate is solvent.
Very old loan for which the City no longer has a file;
P.N. County Auditor records missing or archived, indicating
$15,000.00
Unknown $15,000
loan may have been paid off many years ago.
Owner passed away in 2013 Property was sold to
Olympic college and demolished for parking lot
1984 $6,662
K.K. construction. City was never notified of transfer of
$6,662.00
ownership. Loan is outside of the statute of limitations
for recovery of funds.
2013 short sale for which Staff negotiated a payoff of
Unknown $15,000
C.K.
$6,500.00
$8,500.00. The remaining $6,500 needs to be forgiven.
Total of loans to be written off (reviewed by staff
50,808.07
and on a case by case basis and staff
recommends writing them off)
$181,361 Total amount of unrecoverable funds (foreclosures)
232,170 Total of loans to be written off
If you have any questions about the proposed policies and procedures or loan write-off, please do not
hesitate to contact me at 473-5375.
Page 2
RESOLUTION NO. ________
A RESOLUTION of the City Council of the City
of Bremerton, Washington, authorizing forgiveness, release
and write-off of twenty-five (25) unrecoverable CDBG
loans.
WHEREAS, the City of Bremerton offers loans to low income residents for Home
Repair and Down-Payment Assistance; and
WHEREAS, the Block Grant staff manages a portion of the loan portfolio in-
house, and this portion is valued at approximately $511,792; and
WHEREAS, certain deficiencies in the loan portfolio management were noted in
t, specifically regarding reporting of uncollectable
loans; and
WHEREAS, the City Council adopted a
st
via Resolution Number 3289 on June 21 2017; and
WHEREAS, the Block Grant Staff conducted an inventory review and analysis of
the loan portfolio and identified twenty-three (25) loans totaling $232,170 that staff has
determined to be uncollectable, which are listed and identified as unrecoverable loans in Exhibit
A, attached hereto and incorporated herein by this reference; and
WHEREAS, the Block Grant staff recommends that these loans be forgiven,
released and written-off to aid in more accurate financial reporting and to satisfy the auditor
requirements; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The recitals and findings of fact set forth above are hereby
incorporated as if fully set forth herein.
SECTION 2. The twenty-five (25) CDBG loans totaling $232,170, listed and
identified as unrecoverable loans in Exhibit A, are hereby forgiven, released, and written-off.
SECTION 3. Severability. If any one or more sections, subsections, or
sentences of this resolution are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this resolution and the same shall remain in full
force and effect.
1
2018 CDBG/HOME Loan Write-Off
SECTION 4. Effective Date. This resolution shall take effect and be in force
immediately upon its passage.
PASSED by the City Council of the City of Bremerton, Washington this _____ day of
__________________, 2018.
_________________________________
Eric Younger, Council President
APPROVED AS TO FORM: ATTEST:
__________________________________ ________________________________
ROGER A. LUBOVICH, City Attorney SHANNON CORIN, City Clerk
R:\\Legal\\Legal\\Resolutions\\Community Development\\2018 CDBG Loan Forgiveness Res.doc
2
2018 CDBG/HOME Loan Write-Off
EXHIBIT A
AGENDA BILL
D1
CITY OF BREMERTON
(Pulled)
CITY COUNCIL
SUBJECT: Resolution No. 3303 Study Session Date: March 14, 2018
acknowledging Commitments associated
COUNCIL MEETING Date: N/A
with the Receipt of Federal Grant Funds for
Department: Public Works & Utilities
the Warren Avenue Bridge Pedestrian
Presenter: Tom Knuckey
Improvement Project
Phone: (360) 473-2376
SUMMARY: The cost of the Warren Avenue Bridge Pedestrian Improvement Project is estimated at
$6,582,000. In 2016, the City was awarded $475,750 for the $550,000 design; these funds are
available in October 2018. In that competition, the project was ranked highest
th
for any returned funds. On February 14, staff were notified that $848,635 was returned and
available for distribution. At the March 8, 2018, TransTAC meeting, the TransTAC members voted to
award the City the $848,635 for Phase 1 of the project, upon confirmation by the City that this
distribution requires the City to construct Phase 1 within the required timeframe (rather than return
the funds), and that this distribution does not obligate KRCC to fund subsequent phases of the
project in the 2018 countywide competition.
ATTACHMENTS: 1) Resolution No. 3303; 2) Rendering and Photograph
FISCAL IMPACTS (Include Budgeted Amount): The required grant match for the design is
$74,250. The required match for the grant offered for Phase 1 (illumination and center barrier
reconstruction) is $345,365, based on the estimated cost of the work. Note that expending Federal
FHWA funds for design compels the City to construct all improvements in
the design. Staff intends to pursue construction funding from both the WSDOT Bike-Pedestrian
Program and the Transportation Improvement Board to cover the match for Phase 1, and from these
sources along with the 2018 FHWA STP Competition for the remaining project phases.
STUDY SESSION AGENDA: Limited Presentation Full Presentation
STUDY SESSION ACTION: Consent Agenda General Business Item Pulled
RECOMMENDED MOTION: Move to approve Resolution No. 3303 acknowledging the commitments
associated with the receipt of Federal Grant Funds for the Warren Avenue Bridge Pedestrian
Improvement Project.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
RESOLUTION NO. 3303
A RESOLUTION of the City Council of the City of
Bremerton, Washington, acknowledging commitments associated
with the receipt of Federal Grant Funds for the Warren Avenue
Bridge Pedestrian Improvement Project.
WHEREAS, in 2016, the CWarren Avenue Bridge Pedestrian Improvement
project was identified as the highest priority on the Kitsap Regional Coordinating Council
(KRCC) Contingency List for receipt of returned FHWA
Surface Transportation Program grant funds; and
WHEREAS, on February 14, 2018, the City was notified that $848,635 was
returned to KRCC for either distribution to projects on the contingency list, or to be added to the
2018 countywide competition; and
WHEREAS, the total cost of the Warren Avenue Bridge Pedestrian Improvement
project is estimated at $6,550,000 with the construction estimated at $6,000,000; and
WHEREAS, the Puget Sound Regional Council (PSRC) allows projects to be
delivered in phases as long as each phase is fully funded and can be completed separate from
other phases; and
WHEREAS, in 2016, the City completed a predesign study of the Warren Avenue
Bridge Pedestrian Improvement Project using both structural consultants and WSDOT Bridge
engineers which concluded that a component of the project includes structural strengthening of
the bridge to accommodate the additional pedestrian load; and
WHEREAS, the construction cost of the structural strengthening is estimated at
approximately $1,000,000 and staff have concluded this work can be delivered as a separate
phase of the project, hereby designated as Phase 1; and
WHEREAS, funding to design the Warren Avenue Pedestrian Improvement
Project becomes available in October 2018, and staff intends to expedite the design of Phase I
which will confirm the scope and estimated cost of the required strengthening; and
WHEREAS, at the March 8, 2018, KRCC TransTAC meeting, the TransTAC
members voted unanimously to distribute the $848,635 of returned funds to construct Phase 1 of
acknowledgement that it must obligate the funds by June 1, 2020, that it must construct Phase 1
of the project, and that distribution of this funding does not obligate KRCC to distribute funding
1
Acknowledge Commitments with
FHWA-STP Grant Funds Resolution
for the remaining phases of the Warren Avenue Bridge Pedestrian Improvement project in the
2018 Surface Transportation Program Countywide competition; now therefore,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The recitals and findings of fact set forth in this resolution are
hereby incorporated as if fully set forth herein.
SECTION 2. The City Council acknowledges the commitments associated with
receipt of the $848,635 of returned FHWA Surface Transportation Program funds, and requests
that KRCC direct these funds to construct Phase 1 of the Warren Avenue Bridge Pedestrian
Improvement Project.
SECTION 3. Severability. If any one or more sections, subsections, or sentences
of this resolution are held to be unconstitutional or invalid, such decision shall not affect the
validity of the remaining portion of this resolution and the same shall remain in full force and
effect.
SECTION 4. Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
PASSED by the City Council of the City of Bremerton, Washington this ________ day
of ________________, 2018.
ERIC YOUNGER, Council President
APPROVED AS TO FORM: ATTEST:
ROGER A. LUBOVICH, City Attorney SHANNON CORIN, City Clerk
2
Acknowledge Commitments with
FHWA-STP Grant Funds Resolution
E1
Recommended Motion:
Move to approve the Settlement Agreement with South
Bay Excavating; and authorize the Mayor or designee to
execute documents, including Change Order(s) to finalize
the settlement.