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Home My WebLink About03/21/2018 AGENDA PACKET ______________________________________________________________ th CITY COUNCIL 345 6 Street, Suite 100, Bremerton, WA 98337 - Phone (360) 473-5280 MARCH 21, 2018 CITY COUNCIL MEETING AGENDA 1.BRIEFING: 5:00 5:30 P.M. inCOUNCIL CONFERENCE ROOM 603 A. Review of Agenda B. General Council Business (As necessary...) 2.CALL TO ORDER:5:30 P.M. inFIRST FLOOR CHAMBERS A. Pledge of Allegiance B. Invocation 3.MAYOR'S REPORT Evaluation Report (CAPER) by Sarah Achaoui, City of Bremerton Community Development Block Grant Administrator 4.PUBLIC RECOGNITION 5.CONSENT AGENDA A. Claims & Check Register B. Minutes of Meeting March 7, 2018 C. Minutes of Study Session March 14, 2018 D. Memorandum of Understanding and Agreement with Washington State Department of Fish and Wildlife for Maintenance and Utility Use for the East Park Outfall Project E. Norm Dicks Government Center Tenant Improvements Project Budget Adjustment F. Purchase of Office Furniture with Staples Contract and Commercial, Inc. for the 5th Floor Engineering Department in the Norm Dicks Government Center G.2018-2020 Collective Bargaining Agreement between the City of Bremerton and the Bremerton Police Management Association H. Resolution No. 3304 to authorize Forgiveness, Release, and Write-Off of 25 Unrecoverable CDBG Loans 6.GENERAL BUSINESS A. Professional Services Agreement with Parametrix, Inc. for Design of the Kitsap Lake Elementary Safe Routes to School Project 7.COUNCIL MEMBER REPORTS 8.ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations please contact the City Clerk at (360) 473-5323 at least 24 hours prior to the meeting. AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5A SUBJECT:Claims & Check RegisterStudy SessionDate: N/A COUNCIL MEETING Date: March 21, 2018 Department: Financial Services Presenter: Shannon Corin Phone: (360) 473-5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1)377976through 37815418315through 18356in the amount of $1,809,844.76. 2)Regular Payroll for the pay period ending March 15, 2018in the amount of $810,375.09. ATTACHMENTS: FISCAL IMPACTS(Include Budgeted Amount): STUDY SESSION AGENDA: LimitedPresentationFull Presentation STUDY SESSION ACTION:Consent AgendaGeneral BusinessPublic Hearing RECOMMENDED MOTION: Move to approve the consent agenda as presented. COUNCIL ACTION:Approve Deny Table Continue No Action Form Updated 01/02/2018 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5B SUBJECT: Minutes of Meeting March 7, Study Session Date: N/A 2018 COUNCIL MEETING Date: March 21, 2018 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes of Meeting held on March 7, 2018 are attached. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the March 7, 2018 Meeting Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, March 7, 2018 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, March 7, 2018, at 5:00 PM in Council Conference Room 603 of the N ORM D ICKS G OVERNMENT th C ENTER, 345 6 Street, Bremerton, Washington, with Council Vice President Richard Huddy presiding. Council Members present were Michael Goodnow, Tony Hillman, Kevin Gorman, and Pat Sullivan. Council President Eric Younger and Council Member Leslie Daugs were absent. Also present were City Attorney Roger Lubovich; City Clerk Shannon Corin; Legislative Assistant Lori Smith; and Kevin Matthew, Information Services Manager. A C OUNCIL B RIEFING was held to discuss General Council Business at 5:00 PM in the Council Conference Room. At 5:30 PM the meeting moved to the Meeting Chambers. The Pledge of Allegiance was led by Council Member Pat Sullivan followed by the invocation provided by Pastor Barry Bandara of Grace Point Church. Mayor Wheeler Mentioned that the Department of Tax & License has been training for the last several days, and looks forward to the purchase of the Praxis software to further streamline their process; Looked forward to a briefing on the 2018 Legislative Session by Brian McConaughy at the next City Council Study Session, including news on City funding from the State Legislature; Announced that Police cameras are operational and signage should be installed soon; and Was pleased to report that revenue received from permits is higher this year than it was at the same time last year. PUBLIC RECOGNITION Jim Lamb, President of the Bremerton Central Lions Club, accomplishments of the Central Lions Club; and thanked Council Member Pat Sullivan for all of her support efforts. Aaron Linkemyer thanked the City of Bremerton for all of the exciting things taking place in Bremerton right now, and offered to make himself available to share some additional ideas. David Raymond welcomed any interested volunteers to a Spring Clean Up around the Kitsap 911 Memorial on Saturday, March 24 from Noon to 3:00 PM at Evergreen Rotary Park. Suzanne Griffin thanked Greg Wheeler for Brain Injury Awareness Month; and invited the community to Light up the Heavens for Brain Injury Awarenessby releasing green sky lanterns, green LED balloons, green helium balloons, or any on the last day of the month, Saturday, March 31 at 8:00 PM. CONSENT AGENDA 5A Claims & Check Register: Check Numbers 377778 through 377975, and EFT18270- through EFT-18314 in the amount of $1,979,796.71; Retro Pay for the pay periods September 1, 2017 through February 15, 2018 in the amount of $5,625.32; Regular Payroll (Pay Outs & Corrections) for the pay period ending February 15, 2018 in the amount of $1,969.79; Regular Payroll for the pay period ending February 28, 2018 in the amount of $721,068.08; and Retiree Payroll for the pay period ending February 28, 2018 in the amount of $57,808.40 5B Minutes of Meeting February 21, 2018 5C Minutes of Study Session February 28, 2018 City Council Reg. Mtg. Minutes Wednesday, March 7, 2018 Page 2 of 4 5D Confirm the Appointment of Maggie Williams to the Parks & Recreation Commission 5E Affiliation Agreement between the Bremerton Fire Department and Tacoma Community College for Training of Health Care Professionals 5F Intellectual Property License Agreement with the City of Bellevue to purchase Praxis Software for the Tax and License Division 5G Goods & Services Agreement with Burdick Heating of Bremerton, WA for HVAC Services and Maintenance 5H Purchase of one 2018 Ford Police Interceptor and associated Safety Equipment from Columbia Ford of Longview, WA for the Police Department 5I Purchase of a new Caterpillar Model 926M Wheel Loader from NC Machinery of Tukwila, WA for the Forestry Division 5J Purchase of one 2018 Mercedes-Benz Sprinter Cargo Van from Gee Automotive Liberty Lake LLC of Liberty Lake, WA for the Wastewater Division 5K Amendment A to the Interlocal Agreement with Kitsap County KC-213-16-A for the Jarstad Park to Kitsap Lake Design Report 5L Washington State Department of Natural Resources Aquatic Lands Outfall Easement No. 51-077352 for the Westside Wastewater Treatment Plant 5M Purchase of a Direct Drive Blower from CED of Bremerton, WA for the Westside Wastewater Treatment Plant 5N Modification and Upgrade of Centrifuge & Panel with Centrisys Corporation of Kenosha, WI for the Westside Wastewater Treatment Plant 5O Purchase of a new Seepex Progressive Cavity Cake Pump from Granich Engineered Products, Inc. of Seattle, WA for the Westside Wastewater Treatment Plant 5P Repair, Refurbishment, and Modification to Pump No. 1 at Pump Station WB-3 from Granich Engineered Products, Inc. of Seattle, WA 5Q 2018 Pre-Commercial Thinning Contract with D&D Forestry, LLC of Centralia, WA 5R Contract Award and Agreement with Simpson Sandblasting & Special Coatings, Inc. for the Exterior Coating Replacement of Reservoirs 17 and 20 5S Local Agency Participating Agreement with WSDOT for Signal Systems on SR304 (Burwell Street) 5T Local Agency Participating Agreement with WSDOT for Naval Avenue Pavement Preservation 5U Professional Services Agreement with KPG for Construction Management Services for the West Belfair Valley Road and Tracyton Beach Road Innovative Safety Project There were no questions or 05:50:30 M/S/C/U (Sullivan/Gorman) Move to approve the C ONSENT A GENDA as presented. GENERAL BUSINESS 6A FUNDING BOARD PROJECT AGREEMENT WITH THE STATE OF WASHINGTON AND THE RECREATION & CONSERVATION FUNDING BOARD FOR THE MANETTE PARK RENOVATION PROJECT: Jeff Elevado Parks & Recreation Director, explained that the Funding Board Project Grant Agreement will provide $750,000 to assist in the renovation of Manette Park. City Council Reg. Mtg. Minutes Wednesday, March 7, 2018 Page 3 of 4 He used a Power Point presentation to further highlight planned improvements, including ADA access, grading, a new play area, landscaping, walking path, restrooms, benches, picnic shelter, field lighting upgrades, and sport court improvements. Once all bids are received on the project, staff will come back to Council for approval of contracts and final budget adjustments. There were no questions or 05:55:54 Motion was made by Gorman and seconded by HillmanComments were provided by Gorman and Hillman 06:01:05 M/S/C/U (Gorman/Hillman) Move to approve the Funding Board Project Agreement with the State of Washington and the Recreation & Conservation Funding Board for the Manette Park Renovation Project in the combined amount of $750,000.00; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL MEMBER REPORTS Pat Sullivan welcomed volunteers to the next Lions Park Monthly Work Party on Saturday, March 10 from 10:00 AM to 12:00 PM; and announced that applications would be accepted until 5:00 PM on Monday, March 12 for an open position on the Audit Committee. Kevin Gorman enjoyed attending the Grand Opening of the Roxy Theatre; announced that the Saturday, March 17 beginning at 11:00 AM at the th corner of 6 & Pacific; reiterated that volunteers are needed for Spring Cleaning on Saturday, March 24 from Noon to 3:00 PM at the Kitsap 911 Memorial next to Evergreen Rotary Park; and volunteers are also welcome to help set-up for the Manette Egg Hunt on Saturday, March 31 which begins at 10:30 AM. Tony Hillman announced the Olympic Workforce Development Council Career Fair & Hiring Event ll at Kitsap County Fairgrounds. He also expressed his disappointment with the possibility that the Kitsap Transit Board Composition Review Committee may propose to remove a second Bremerton seat on the Kitsap Transit Board of Commissioners, and provided several reasons why Bremerton, as the biggest City in Kitsap County, and with the Fast Ferry, should maintain a second seat. Michael Goodnow announced the next Forest Ridge Park Monthly Work Party would be on Saturday, March 17 from 9:00 AM to 12:00 PM. Richard Huddy also discussed the Kitsap Transit Board Composition Review Meeting scheduled tomorrow at 2:00 PM in the Harborside Conference Room, explaining that the review happens every 4 years per State law, that he agreed with Council Member Hillman, and he encouraged citizens to attend the meeting or send letters to express their support. He also thanked Council Members Goodnow and Sullivan for their volunteer work in the community. With no further business, Vice-President Huddy adjourned the Council Meeting at 6:15 PM. Prepared and Submitted by: ______________________________ LORI SMITH Legislative Assistant City Council Reg. Mtg. Minutes Wednesday, March 7, 2018 Page 4 of 4 st APPROVED by the City Council on the 21 day of March, 2018. ________________________________________ ERIC YOUNGER, City Council President Attest: ________________________________________ SHANNON CORIN, City Clerk EY:SC:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5C SUBJECT: Minutes of Study Session Study Session Date: N/A March 14, 2018 COUNCIL MEETING Date: March 21, 2018 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes of Study Session held on March 14, 2018 are attached. ATTACHMENTS: Study Session Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the March 14, 2018 Study Session Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES Wednesday, March 14, 2018 A Study Session of the City Council of the City of Bremerton was called to order in the Council th Conference Room of the N ORM D ICKS G OVERNMENT C ENTER, 345 6 Street, Bremerton, Washington, Wednesday, March 14, 2018, at 5:00 PM, with Council President Eric Younger presiding. Council Members present were Richard Huddy, Michael Goodnow, Tony Hillman, Kevin Gorman, and Leslie Daugs. Council Member Pat Sullivan was absent. Lori Smith, Legislative Assistant, was present to provide staff support. President Younger emphasized that the Study Session is open to the public, but there will be no opportunities for input or participation; no action is anticipated except when deemed appropriate; and the content of these items is subject to change. If approved by the Council, items will be placed on the March 21, 2018 City Council Meeting Agenda A. INFORMATION BRIEFING 1. Briefing on the 2018 State Legislative Session by Bryan McConaughy, BMcConsulting B. LIMITED PRESENTATION PLANNED The following items are budgeted items or subjects that have 1. Memorandum of Understanding and Agreement with Washington State Department of Fish & Wildlife for Maintenance and Utility Use for the East Park Outfall Project Consent Agenda 2. Professional Services Agreement with Parametrix, Inc. for Design of Kitsap Lake Elementary Safe Routes to School Project Consent Agenda 3. Update on the Norm Dicks Government Center Tenant Improvements Project; and related Budget Adjustment(s) Consent Agenda th 4. Purchase of Office Furniture with Staples Contract and Commercial, Inc. for the 5 Floor Engineering Department in the Norm Dicks Government Center Consent Agenda 5. 2018-2020 Collective Bargaining Agreement between the City of Bremerton and the Bremerton Police Management Association Consent Agenda C. BRIEFINGS & FULL PRESENTATIONS 1. Shaping Community Development Block Grant (CDBG) Policy Plan Briefing; and Establishing Funding Priorities for 2019 Program Year by Sarah Achaoui, CDBG Administrator Information Only 2. Resolution to authorize Forgiveness, Release, and Write-Off of Twenty Five (25) Unrecoverable CDBG Loans Consent Agenda 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 Item Pulled 2. Public Safety & Parks Committee Briefing (3/14/18 Meeting) Chair Leslie Daugs City Council Study Session Minutes Wednesday, March 14, 2018 Page 2 of 2 3. General Council Business was briefly discussed, including an update on the Kitsap Transit scheduling a proposed Joint Special Meeting for a Tour of the Port of Bremerton. President Younger announced a brief recess from 6:51 to 7:00 PM E. EXECUTIVE SESSION President Younger announced a 25-Minute Executive Session from 7:00 to 7:25 PM to (1) (i); allowed under RCW 42.30.110(1)(c). At 7:25 PM the Executive Session was extended for an additional 10- 07:36:00 M/S/C/U (Goodnow/Huddy) 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. With no further business, President Younger adjourned the Council Study Session at 7:37 PM. Prepared and Submitted by: ______________________________ LORI SMITH, Legislative Assistant st APPROVED by the City Council on the 21 day of March, 2018. ________________________________________ ERIC YOUNGER, City Council President Attest: ________________________________________ SHANNON CORIN, City Clerk EY:SC:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5D 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 and Agreement 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 and Agreement 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 100 450 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 5E CITY COUNCIL (Updated) SUBJECT: Norm Dicks Government Center Study Session Date: March 14, 2018 Tenant Improvements Project Budget COUNCIL MEETING Date: March 21, 2018 Adjustment 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 $142,079 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 5F 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 in the Norm Dicks Government Center 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 5G 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 a budget adjustment 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 AGENDA BILL CITY OF BREMERTON 5H CITY COUNCIL SUBJECT: Resolution No. 3304 Study Session Date: March 14, 2018 Authorizing Forgiveness, Release, and COUNCIL MEETING Date: March 21, 2018 Write-Off of 25 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. 3304 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 where 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. 3304 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-five (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 CITY OF BREMERTON 6A CITY COUNCIL 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 Carr ft between Lyle and - ft sidewalk on Harlow north of - 10Lyle, 6Lighting and curb rampsFlashing Beacons (3) and flashing school zone signsSidewalks on School Property Design and Construct Pedestrian and Bicycle Improvements:•••• lans p way - of rant eligible - g , Inc., selected Three proposal received; ParametrixDesign and rightDesign is 100% ••• Contract, site during - Parametrix 1.8M $ cost, , Inc., Design, 2018 total Way 2018 - : of - eet with Property owners on : Public meetings in May and September Mdesign Design & Right of way, $330K; $280KConstruction, $1.5M •••• rojected ParametrixRightConstruction 2019 PCity grant match $10,000 Schedule•••Cost•• Tony Hillman Council District 4 Kevin Gorman Council District 3 7 Eric Younger Council District 2019 Bremerton City Council Members - 2018