HomeMy WebLinkAbout03/27/2019 STUDY SESSION PACKET______________________________________________________________
CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 Phone (360) 473-5280
MARCH 27, 2019
CITY COUNCIL STUDY SESSION
5:00 PM in COUNCIL CONFERENCE ROOM 603
The Study Session is open to the public, but there will be no opportunities for input or participation; no
action is anticipated; and the content of these items is subject to change. If approved by Council, the
items will be placed on the April 3, 2019 Council Meeting Agenda:
A.BRIEFINGS ON AGENDA ITEMS
1.Easement to Puget Sound Energy, Inc for Telecommunications Tower at Forest Ridge Park
2.Budget Amendment to the 2019 REET and Transportation Capital Funds; and Transportation
Improvement Board (TIB) Consultant Agreement with KPFF Consulting Engineers, Inc. for
Design of the E. 11th Street and Perry Avenue Improvement Project
B.GENERAL COUNCIL BUSINESS
Discussion on "Public Safety Priorities for the City of Bremerton" with Mayor Greg
Wheeler, along with Police Chief Jim Burchett – Council President Eric Younger
Public Works Committee Briefing (3/19/19 Meeting) – Chair Kevin Gorman
Finance, Investment, and Parking Committee Briefing (3/25/19 Meeting) – Chair Michael
Goodnow
Audit Committee Briefing (3/26/19 Meeting) – Chair Leslie Daugs
Other General Council Business
C.ADJOURNMENT OF STUDY SESSION
Americans with Disabilities Act accommodations provided upon request. Those requiring special accommodations
should contact the City Clerk’s Office at (360) 473-5323 at least 24 hours prior to the meeting.
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Easement to Puget Sound Study Session Date: March 27, 2019
Energy, Inc for Telecommunications Tower
at Forest Ridge Park
COUNCIL MEETING Date: April 3, 2019
Department: Parks & Recreation
Presenter: Jeff Elevado
Phone: (360) 473-5428
SUMMARY:
Puget Sound Energy has requested the City grant an easement for utilities to be constructed to
support the telecommunication tower under construction at Forest Ridge Park.
ATTACHMENTS:
1. PSE Easement
2. Vertical Bridge Site Plan (A-1 & A-1.1)
3. Legal Description
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 authorize the granting of an easement to PSE; and authorize the Mayor to finalize and
execute the easement with substantially the same terms and conditions as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
A1
OH UG Electric WO# 105083211 / RW-112790 / Not. 11493483 CITY OF BREMERTON FOREST RIDGE PARK Page 1 of 3
RETURN ADDRESS:
Puget Sound Energy, Inc.
Attn: ROW Department CEB
3130 S. 38th Street
Tacoma, WA 98409
EASEMENT
REFERENCE #:
GRANTOR (Owner): CITY OF BREMERTON FOREST RIDGE PARK
GRANTEE (PSE): PUGET SOUND ENERGY, INC.
SHORT LEGAL: SW ¼ SE ¼ 15-24N-01E
ASSESSOR’S PROPERTY TAX PARCEL: 152401-4-021-2007
For and in consideration of good and valuable consideration, the receipt and sufficie ncy of which are acknowledged,
CITY OF BREMERTON FOREST RIDGE PARK, a Washington municipal corporation, (“Owner" herein), hereby
grants and conveys to PUGET SOUND ENERGY, INC., a Washington corporation ("PSE" herein), for the
purposes described below, a nonexclusive perpetual easement over, under, along across and through the following
described real property (the "Property" herein) in KITSAP County, Washington:
RESULTANT “FOREST RIDGE PARK” PARCEL OF BOUNDARY LINE ADJUSTMENT
RECRIDED UNDER RECORDING NO. 200511090001, RECORDS OF KITSAP COUNTY,
WASHINGTON.
Except as may be otherwise set forth herein PSE's rights shall be exercised upon that portion of the Property
("Easement Area" herein) described as follows:
AN EASEMENT AREA THAT IS TEN (10) FEET IN WIDTH HAVING FIVE (5) FEET OF
SUCH WIDTH ON EACH SIDE OF THE CENTERLINE OF GRANTEE’S FACILITIES
LOCATED AS CONSTRUCTED OR TO BE CONSTRUCTED, EXTENDED OR
RELOCATED, LYING WITHIN THE ABOVE DESCRIBED REAL PROPERTY.
1. Purpose. PSE shall have the right to use the Easement Area to construct, operate, maintain, repair,
replace, improve, remove, upgrade and extend one or more utility systems for purposes of transmission, distribution
and sale of electricity. Such systems may include, but are not limited to:
a. Overhead facilities. Poles and other support structures with crossarms, braces, guys and
anchors; electric distribution lines; fiber optic cable and other lines, cables and facilities for
communications; transformers, street lights, meters, fixtures, attachments and any and all other
facilities or appurtenances necessary or convenient to any or all of the foregoing.
b. Underground facilities. Conduits, lines, cables, vaults, switches and transformers for electricity;
fiber optic cable and other lines, cables and facilities for communications; semi -buried or ground-
mounted facilities and pads, manholes, meters, fixtures, attachments and any and all other facilities or
appurtenances necessary or convenient to any or all of t he foregoing.
OH UG Electric WO# 105083211 / RW-112790 / Not. 11493483 CITY OF BREMERTON FOREST RIDGE PARK Page 2 of 3
Following the initial construction of all or a portion of its systems, PSE may, from time to time, construct
such additional facilities as it may require for such systems. PSE shall have the right of access to the Easement
Area over and across the Property to enable PSE to exercise its rights granted in this easement.
2. Easement Area Clearing and Maintenance. PSE shall have the right, but not the obligation to cut,
remove and dispose of any and all brush, trees or other vegetation in the Easement Area. PSE shall also have the
right, but not the obligation, to control, on a continuing basis and by any prudent and reasonable means, the
establishment and growth of brush, trees or other vegetation in the Easement Area.
3. Trees Outside Easement Area. PSE shall have the right to cut, trim remove and dispose of any trees
located on the Property outside the Easement Area that could, in PSE’s sole judgment, interfere with or create a
hazard to PSE’s systems. PSE shall, except in the e vent of an emergency, prior to the exercise of such right,
identify such trees and make a reasonable effort to give Owner prior notice that such trees will be cut, trimmed,
removed or disposed. Owner shall be entitled to compensation for the actual market value of merchantable timber (if
any) cut and removed from the Property by PSE.
4. Restoration. Following initial installation, repair or extension of its facilities, PSE shall, to the extent
reasonably practicable, restore landscaping and surfaces and portions of the Property affected by PSE’s work to the
condition existing immediately prior to such work. PSE shall use good faith efforts to perform its restoration
obligations under this paragraph as soon as reasonably possible after the completion of PSE’s work.
5. Owner's Use of Easement Area. Owner reserves the right to use the Easement Area for any purpose
not inconsistent with the rights herein granted, provided, however, Owner shall not excavate within or otherwise
change the grade of the Easement Area or construct or maintain any buildings or structures on the Easement Area
and Owner shall do no blasting within 300 feet of PSE's facilities without PSE's prior written consent.
6. Indemnity. PSE agrees to indemnify Owner from and against liability incurred by Owner as a result of
the negligence of PSE or its contractors in the exercise of the rights herein granted to PSE, but nothing herein shall
require PSE to indemnify Owner for that portion of any such liability attributable to the negligenc e of Owner or the
negligence of others.
7. Termination. The rights herein granted shall continue until such time as PSE terminates such right by
written instrument. If terminated any improvements remaining in the Easement Area shall become the property of
Owner. No termination shall be deemed to have occurred by PSE’s failure to install its systems on the Easement
Area.
8. Successors and Assigns. PSE shall have the right to assign, apportion or otherwise transfer any or all
of its rights, benefits, privileges and interests arising in and under this easement. Without limiting the generality of
the foregoing, the rights and obligations of the parties shall be binding upon their respective successors and assigns.
OH UG Electric WO# 105083211 / RW-112790 / Not. 11493483 CITY OF BREMERTON FOREST RIDGE PARK Page 3 of 3
DATED this _______ day of ________________________________, 20 .
OWNER: CITY OF BREMERTON FOREST RIDGE PARK
BY: _____________________________________
TITLE: ___________________________________
STATE OF WASHINGTON )
) SS
COUNTY OF _________________ )
On this _______ day of ______________________, 20 , before me, the undersigned, a Notary Public in
and for the State of Washington, duly commissioned and sworn, personally appeared
_____________________________(name), to me known to be the person who signed as
________________________________(title), of CITY OF BREMERTON FOREST RIDGE PARK, a Washington
municipal corporation, that executed the within and foregoing instrument, and acknowledged said instrument to be
his/her free and voluntary act and deed and the free and voluntary act and deed of CITY OF BREMERTON
FOREST RIDGE PARK, for the uses and purposes therein mentioned; and on oath stated that he/she was
authorized to execute the said instrument on behalf of said CITY OF BREMERTON FOREST RIDGE PARK.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written.
_______________________________________
(Signature of Notary)
_______________________________________
(Print or stamp name of Notary)
NOTARY PUBLIC in and for the State of
Washington, residing at ___________________
My Appointment Expires: __________________
Notary seal, text and all notations must not be placed within 1” margins
ATTACHMENT 2
ATTACHMENT 3
(Legal Description)
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Budget Amendment to the
2019 REET and Transportation Capital
Funds; and Transportation Improvement
Board (TIB) Consultant Agreement to KPFF
Consulting Engineers, Inc. for Design of the
East 11th Street and Perry Avenue
Improvement Project
Study Session Date: March 27, 2019
COUNCIL MEETING Date: April 3, 2019
Department: Engineering
Presenter: Tom Knuckey
Phone: (360) 473-2376
SUMMARY: On January 16th, the City accepted Fuel Tax grant funding from the Transportation
Improvement Board (TIB) to partially fund the $5.2M reconstruction of E 11th Street from Pitt Avenue
to Perry Avenue, and on Perry Avenue from E 11th Street to E 17th Street. The project will
reconstruct both the roadway and the sidewalks, and will install bike lanes and sharrows, pedestrian
scale lighting and other amenities. The City requested proposals for design from four consultants, of
which three were interviewed and KPFF was selected to do the work. While the project was not
included in the 2019 REET or Capital budgets since the Grant funding was received after the 2019
budget was finalized, it was included in the 5-year REET projection and the CIP.
ATTACHMENTS: 1) Fiscal Summary; 2) TIB Consultant Agreement with KPFF; 3) Site Plan
FISCAL IMPACTS (Include Budgeted Amount): The consultant fee for design is $534,123.82.
The street portion of the design is 78% grant funded, and the Water and Storm water Utilities will
fund their respective portions of the work. A $75,000 grant from the Department of Ecology will fund
the low impact development and storm water portions of the work. The remainder of the 22% City
match for the street portion of the work is funded from REET. The 2019 REET and Transportation
Capital Fund budgets will be amended to add this project; see attached fiscal summary for detail.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to amend the 2019 REET and Transportation Capital Fund budgets; and approve the
Transportation Improvement Board Consultant Agreement with KPFF for design of the East 11th
Street and Perry Avenue Project; and authorize the Mayor to finalize and execute the agreement with
substantially the same terms and conditions as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
A2
EAST 11TH STREET AND PERRY AVENUE RECONSTRUCTION PROJECT
FISCAL SUMMARY
The KPFF Contract includes design and development of a right-of-way plan. The cost for securing right-
of-way and construction will be established during design and presented separately. The expense and
revenue for design is per the breakdown below:
Form 190-016 Revised Oct 2001 Page 1 of 36TIB
Transportation Improvement Board (TIB) Consultant Agreement
TIB PROJECT NUMBER PROJECT PHASE (check one) Design Construction
PROJECT TITLE & WORK DESCRIPTION
CONSULTANT NAME & ADDRESS
AGREEMENT TYPE (check one)
LUMP SUM $________________________________
COST PLUS FIXED FEE OVERHEAD PROGRESS PAYMENT RATE _________ %
OVERHEAD COST METHOD
Actual Cost
Actual Cost Not To Exceed _________ %
Fixed Rate _________ %
FIXED FEE $________________________________________
SPECIFIC RATES OF PAY Negotiated Hourly Rate
Provisional Hourly Rate
COST PER UNIT WORK
DBE PARTICIPATION
Yes No _______________%
WBE PARTICIPATION
Yes No _______________%
COMPLETION DATE MAXIMUM AMOUNT PAYABLE $534,123.82
THIS AGREEMENT, made and entered into this _____________________ day of _______________________________________, ____________________,
between the City/County of _________Bremerton_________________________________________________________, Washington, hereinafter called the
AGENCY, and the above organization hereinafter called the CONSULTANT. The Transportation Improvement Board hereinafter called the TIB, administers the
following accounts: Urban Arterial Trust Account funds, Transportation Improvement Account funds, Small City Account funds, and City Hardship Assistance Account
funds.
WITNESSETH THAT:
WHEREAS, the AGENCY desires to accomplish the above referenced project, with the aid of TIB funds in conformance with the rules and regulations promulgated by
the TIB; and
WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a
CONSULTANT to provide the necessary services for the PROJECT; and
WHEREAS, the CONSULTANT represents that he/she is in compliance with the Washington State Statutes relating to professional registration, if applicable, and has
signified a willingness to furnish Consulting services to the AGENCY,
NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached and incorporated and made a part hereof, the
parties hereto agree as follows:
I
GENERAL DESCRIPTION OF WORK
The work under this AGREEMENT shall consist of the above described work and
services as herein defined and necessary to accomplish the completed work for
this PROJECT. The CONSULTANT shall furnish all services, labor and related
equipment necessary to conduct and complete the work as designated
elsewhere in this AGREEMENT.
II
SCOPE OF WORK
The Scope of Work and project level of effort for this project is detailed in Exhibit
B attached hereto, and by this reference made a part of this AGREEMENT.
KPFF Consulting Engineers
1601 5th Avenue, Suite 1600
Seattle, WA 98101
East 11th Street and Perry Avenue Complete Streets Improvement Project
This project will reconstruct the street and infrastructure to provide a balanced multimodal “complete streets” transportation system that accommodates “all users” and
supports active transportation and economic vitality; provides context sensitive improvements that enhance and/or compliment the character of the neighborhood; and
provides low impact development (LID) water quality features in accordance with the City’s Department of Ecology (DOE) grant.
Transportation Improvement Board (TIB)
Consultant Agreement
Form 190-016 Revised Oct 2001 Page 2 of 36 TIB
III
GENERAL REQUIREMENTS
All aspects of coordination of the work of this AGREEMENT, with outside
agencies, groups or individuals shall receive advance approval by the AGENCY.
Necessary contacts and meetings with agencies, groups or individuals shall be
coordinated through the AGENCY.
The CONSULTANT shall attend coordination, progress and presentation
meetings with the AGENCY or such Federal, Community, State, City or County
officials, groups or individuals as may be requested by the AGENCY. The
AGENCY will provide the CONSULTANT sufficient notice prior to meetings
requiring CONSULTANT participation. The minimum number of hours or days
notice required shall be agreed to between the AGENCY and the CONSULTANT
and shown in Exhibit B attached hereto and made part of this AGREEMENT.
The CONSULTANT shall prepare a monthly progress report, in a form approved
by the AGENCY, that will outline in written and graphical form the various phases
and the order of performance of the work in sufficient detail so that the progress
of the work can easily be evaluated. Goals for Disadvantaged Business
Enterprises (DBE), Minority Business Enterprises (MBE), and Women-owned
Business Enterprises (WBE) if required shall be shown in the heading of this
Agreement.
The original copies of all reports, PS&E, and other data furnished to the
CONSULTANT by the AGENCY shall be returned. All designs, drawings,
specifications, documents, and other work products prepared by the
CONSULTANT prior to completion or termination of this AGREEMENT are
instruments of service for the PROJECT and are property of the AGENCY.
Reuse by the AGENCY or by others acting through or on behalf of the AGENCY
of any such instruments of service, not occurring as a part of this PROJECT,
shall be without liability of legal exposure to the CONSULTANT.
IV
TIME FOR BEGINNING AND COMPLETION
The CONSULTANT shall not begin any work under the terms of this
AGREEMENT until authorized in writing by the AGENCY. All work under this
AGREEMENT shall be completed by the date shown in the heading of this
AGREEMENT under completion date.
The established completion time shall not be extended because of any delays
attributable to the CONSULTANT, but may be extended by the AGENCY, in the
event of a delay attributable to the AGENCY, or because of unavoidable delays
caused by an act of GOD or governmental actions or other conditions beyond
the control of the CONSULTANT. A prior supplemental agreement issued by the
AGENCY is required to extend the established completion time.
V
PAYMENT
The CONSULTANT shall be paid by the AGENCY for completed work and
services rendered under this AGREEMENT as provided in Exhibit C attached
hereto, and by this reference made part of this AGREEMENT. Such payment
shall be full compensation for work performed or services rendered and for all
labor, materials, supplies, equipment, and incidentals necessary to complete the
work specified in Section II, Scope of Work.
VI
SUBCONTRACTING
The AGENCY permits subcontracts for those items of work as shown in Exhibit G
to this Agreement. Compensation for this subconsultant work shall be based on
the cost factors shown on Exhibit G, attached hereto and by this reference made
a part of this AGREEMENT.
The work of the subconsultant shall not exceed its maximum amount payable
unless a prior written approval has been issued by the AGENCY.
All reimbursable direct labor, overhead, direct non-salary costs and fixed fee
costs for the subconsultant shall be substantiated in the same manner as
outlined in Section V. All subcontracts exceeding $10,000 in cost shall contain all
applicable provisions of this AGREEMENT.
The CONSULTANT shall not subcontract for the performance of any work under
this AGREEMENT without prior written permission of the AGENCY. No
permission for subcontracting shall create, between the AGENCY and
subcontractor, any contract or any other relationship.
VII
EMPLOYMENT
The CONSULTANT warrants that he/she has not employed or retained any
company or person, other than a bona fide employee working solely for the
CONSULTANT, to solicit or secure this contract, and that it has not paid or
agreed to pay any company or person, other than a bona fide employee working
solely for the CONSULTANT, any fee, commission, percentage, brokerage fee,
gift, or any other consideration, contingent upon or resulting from the award or
making of this contract. For breach or violation of this warrant, the AGENCY shall
have the right to annul this AGREEMENT without liability, or in its discretion, to
deduct from the AGREEMENT price or consideration or otherwise recover the
full amount of such fee, commission, percentage, brokerage fee, gift, or
contingent fee.
Any and all employees of the CONSULTANT or other persons while engaged in
the performance of any work or services required of the CONSULTANT under
this AGREEMENT, shall be considered employees of the CONSULTANT only
and not of the AGENCY, and any and all claims that may or might arise under
any Worker's Compensation Act on behalf of said employees or other persons
while so engaged, and any and all claims made by a third party as a
consequence of any act or omission on the part of the CONSULTANTs
employees or other persons while so engaged on any of the work or services
provided to be rendered herein, shall be the sole obligation and responsibility of
the CONSULTANT.
The CONSULTANT shall not engage, on a full or part time basis, or other basis,
during the period of the contract, any professional or technical personnel who
are, or have been, at any time during the period of the contract, in the employ of
the STATE, or the AGENCY, except regularly retired employees, without written
consent of the public employer of such person.
VIII
NONDISCRIMINATION
The CONSULTANT agrees not to discriminate against any client, employee or
applicant for employment or for services because of race, creed, color, national
origin, marital status, sex, age or handicap except for a bona fide occupational
qualification with regard to, but not limited to the following: employment
upgrading, demotion or transfer, recruitment or any recruitment advertising,
layoffs or terminations, rates of pay or other forms of compensation, selection for
training, rendition of services. The CONSULTANT understands and agrees that if
it violates this provision, this AGREEMENT may be terminated by the AGENCY
and further that the CONSULTANT shall be barred from performing any services
for the AGENCY now or in the future unless a showing is made satisfactory to
the AGENCY that discriminatory practices have terminated and that recurrence
of such action is unlikely.
During the performance of this AGREEMENT, the CONSULTANT, for itself, its
assignees, and successors in interest agrees as follows:
Transportation Improvement Board (TIB)
Consultant Agreement
Form 190-016 Revised Oct 2001 Page 3 of 36 TIB
A. COMPLIANCE WITH REGULATIONS: The CONSULTANT shall comply
with the Regulations relative to nondiscrimination in the same manner as in
Federally-assisted programs of the Department of Transportation, Title 49,
Code of Federal Regulations, Part 21, as they may be amended from time
to time, (hereinafter referred to as the Regulations), which are herein
incorporated by reference and made a part of this AGREEMENT.
B. NONDISCRIMINATION: The CONSULTANT, with regard to the work
performed by it during the AGREEMENT, shall not discriminate on the
grounds of race, creed, color, sex, age, marital status, national origin or
handicap except for a bona fide occupational qualification in the selection
and retention of subconsultants, including procurements of materials and
leases of equipment. The CONSULTANT shall not participate either
directly or indirectly in the discrimination prohibited by Section 21.5 of the
Regulations, including employment practices when the contract covers a
program set forth in Appendix II of the Regulations.
C. SOLICITATIONS FOR SUBCONSULTANTS, INCLUDING
PROCUREMENTS OF MATERIALS AND EQUIPMENT: In all solicitations
either by competitive bidding or negotiation made by the CONSULTANT
for work to be performed under a subcontract, including procurements of
materials or leases of equipment, each potential subconsultant or supplier
shall be notified by the CONSULTANT of the CONSULTANTs obligations
under this AGREEMENT and the Regulations relative to nondiscrimination
on the grounds of race, creed, color, sex, age, marital status, national
origin and handicap.
D. INFORMATION AND REPORTS: The CONSULTANT shall provide all
information and reports required by the Regulations, or directives issued
pursuant thereto, and shall permit access to its books, records, accounts,
other sources of information, and its facilities as may be determined by the
AGENCY or TIB to be pertinent to ascertain compliance with such
Regulations or directives. Where any information required of the
CONSULTANT is in the exclusive possession of another who fails or
refuses to furnish this information the CONSULTANT shall so certify to the
AGENCY, or the TIB as appropriate, and shall set forth what efforts it has
made to obtain the information.
E. SANCTIONS FOR NONCOMPLIANCE: In the event of the
CONSULTANTs noncompliance with the nondiscrimination provisions of
this AGREEMENT, the AGENCY shall impose such sanctions as it or the
Transportation Improvement Board may determine to be appropriate,
including, but not limited to:
1. Withholding of payments to the CONSULTANT under the
AGREEMENT until the CONSULTANT complies, and/or
2. Cancellation, termination or suspension of the AGREEMENT, in
whole or in part.
F. INCORPORATION OF PROVISIONS: The CONSULTANT shall include
the provisions of paragraphs (A) through (G) in every subcontract,
including procurements of materials and leases of equipment, unless
exempt by the Regulations or directives issued pursuant thereto. The
CONSULTANT shall take such action with respect to any subconsultant or
procurement as the AGENCY or the Transportation Improvement Board
may direct as a means of enforcing such provisions including sanctions for
noncompliance; provided, however, that, in the event a CONSULTANT
becomes involved in, or is threatened with, litigation with a subconsultant
or supplier as a result of such direction, the CONSULTANT may request
the AGENCY to enter into such litigation to protect the interests of the
AGENCY, and in addition, the CONSULTANT may request the TIB to
enter into such litigation to protect the interests of the TIB.
G. UNFAIR EMPLOYMENT PRACTICES: The CONSULTANT shall comply
with RCW 49.60.180 prohibiting unfair employment practices and the
Executive Orders numbered E.O.70-01 and E.O.66-03 of the Governor of
the State of Washington.
IX
TERMINATION OF AGREEMENT
The right is reserved by the AGENCY to terminate this AGREEMENT at any time
upon ten days written notice to the CONSULTANT.
In the event this AGREEMENT is terminated by the AGENCY other than for fault
on the part of the CONSULTANT, a final payment shall be made to the
CONSULTANT as shown in Exhibit F for the type of AGREEMENT used.
No payment shall be made for any work completed after ten days following
receipt by the CONSULTANT of the Notice of Termination. If the accumulated
payment made to the CONSULTANT prior to Notice of Termination exceeds the
total amount that would be due computed as set forth herein above, then no final
payment shall be due and the CONSULTANT shall immediately reimburse the
AGENCY for any excess paid.
In the event the services of the CONSULTANT are terminated by the AGENCY
for fault on the part of the CONSULTANT, the above formula for payment shall
not apply. In such an event, the amount to be paid shall be determined by the
AGENCY with consideration given to the actual costs incurred by the
CONSULTANT in performing the work to the date of termination, the amount of
work originally required which was satisfactorily completed to date of termination,
whether that work is in a form or a type which is usable to the AGENCY at the
time of termination; the cost to the AGENCY of employing another firm to
complete the work required and the time which maybe required to do so, and
other factors which affect the value to the AGENCY of the work performed at the
time of termination. Under no circumstances shall payment made under this
subsection exceed the amount which would have been made using the formula
set forth in the previous paragraph.
If it is determined for any reason that the CONSULTANT was not in default or
that the CONSULTANTs failure to perform is without it or its employees fault or
negligence, the termination shall be deemed to be a termination for the
convenience of the AGENCY in accordance with the provision of this
AGREEMENT.
In the event of the death of any member, partner or officer of the CONSULTANT
or any of its supervisory personnel assigned to the project, or, dissolution of the
partnership, termination of the corporation, or disaffiliation of the principally
involved employee, the surviving members of the CONSULTANT hereby agree
to complete the work under the terms of this AGREEMENT, if requested to do so
by the AGENCY. The subsection shall not be a bar to renegotiation of the
AGREEMENT between the surviving members of the CONSULTANT and the
AGENCY, if the AGENCY so chooses.
In the event of the death of any of the parties listed in the previous paragraph,
should the surviving members of the CONSULTANT, with the AGENCYs
concurrence, desire to terminate this AGREEMENT, payment shall be made as
set forth in the second paragraph of this section.
In the event this AGREEMENT is terminated prior to completion, the original
copies of all reports and other data, PS&E materials furnished to the
CONSULTANT by the AGENCY and documents prepared by the
CONSULTANT prior to said termination, shall become and remain the property
of the AGENCY and may be used by it without restriction. Such unrestricted use,
not occurring as a part of this PROJECT, shall be without liability or legal
exposure to the CONSULTANT.
Transportation Improvement Board (TIB)
Consultant Agreement
Form 190-016 Revised Oct 2001 Page 4 of 36 TIB
Payment for any part of the work by the AGENCY shall not constitute a waiver by
the AGENCY of any remedies of any type it may have against the
CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or
for failure of the CONSULTANT to perform work required of it by the AGENCY.
Forbearance of any rights under the AGREEMENT will not constitute waiver of
entitlement to exercise those rights with respect to any future act or omission by
the CONSULTANT. X
CHANGES OF WORK
The CONSULTANT shall make such changes and revisions in the complete
work of this AGREEMENT as necessary to correct errors appearing therein,
when required to do so by the AGENCY, without additional compensation
thereof. Should the AGENCY find it desirable for its own purposes to have
previously satisfactorily completed work or parts thereof changed or revised, the
CONSULTANT shall make such revisions as directed by the AGENCY. This
work shall be considered as Extra Work and will be paid for as herein provided
under Section XIV. XI
DISPUTES
Any dispute concerning questions of fact in connection with the work not
disposed of by AGREEMENT between the CONSULTANT and the AGENCY
shall be referred for determination to the Director of Public Works or AGENCY
Engineer, whose decision in the matter shall be final and binding on the parties
of this AGREEMENT, provided however, that if an action is brought challenging
the Director of Public Works or AGENCY Engineer's decision, that decision shall
be subject to the scope of judicial review provided under Washington Case Law. XII VENUE, APPLICABLE LAW AND
PERSONAL JURISDICTION
In the event that either party deems it necessary to institute legal action or
proceedings to enforce any right or obligation under this AGREEMENT, the
parties hereto agree that any such action shall be initiated in the Superior Court
of the State of Washington, situated in the county the AGENCY is located in. The
parties hereto agree that all questions shall be resolved by application of
Washington law and that the parties to such action shall have the right of appeal
from such decisions of the Superior court in accordance with the laws of the
State of Washington. The CONSULTANT hereby consents to the personal
jurisdiction of the Superior Court of the State of Washington, situated in the
county the AGENCY is located in. XIII
LEGAL RELATIONS AND INSURANCE
The CONSULTANT shall comply with all Federal, State, and local laws and
ordinances applicable to the work to be done under this AGREEMENT. This
AGREEMENT shall be interpreted and construed in accord with the laws of
Washington.
The CONSULTANT shall indemnify and hold the AGENCY and the STATE of
Washington, and their officers and employees harmless from and shall process
and defend at its own expense all claims, demands, or suits at law or equity
arising in whole or in part from the CONSULTANT’s negligence or breach of any
of its obligations under this AGREEMENT; provided that nothing herein shall
require a CONSULTANT to indemnify the AGENCY and the STATE against and
hold harmless the AGENCY and the STATE from claims, demands or suits
based solely upon the conduct of the AGENCY and the STATE, their agents,
officers and employees and provided further that if the claims or suits are caused
by or result from the concurrent negligence of (a) the CONSULTANT’s agents or
employees and (b) the AGENCY and the STATE, their agents, officers and
employees, this indemnity provision with respect to (1) claims or suits based
upon such negligence, (2) the costs to the AGENCY and the STATE of
defending such claims and suits, etc. shall be valid and enforceable only to the
extent of the CONSULTANT’s negligence or the negligence of the
CONSULTANT’s agents or employees.
The CONSULTANT’s relation to the AGENCY shall be at all times as an
independent contractor.
The CONSULTANT specifically assumes potential liability for actions brought by
the CONSULTANT’s own employees against the AGENCY and, solely for the
purpose of this indemnification and defense, the CONSULTANT specifically
waives any immunity under the state industrial insurance law, Title 51 RCW. The
CONSULTANT recognizes that this waiver was specifically entered into pursuant
to the provisions of RCW 4.24.115 and was the subject of mutual negotiation.
Unless otherwise specified in the AGREEMENT, the AGENCY shall be
responsible for administration of construction contracts, if any, on the project.
Subject to the processing of an acceptable, supplemental agreement, the
CONSULTANT shall provide on-call assistance to the AGENCY during contract
administration. By providing such assistance, the CONSULTANT shall assume
no responsibility for: proper construction techniques, job site safety, or any
construction contractor’s failure to perform Its work in accordance with the
contract documents.
The CONSULTANT shall obtain and keep in force during the terms of the
AGREEMENT, or as otherwise required, the following insurance with companies
or through sources approved by the State Insurance Commissioner pursuant to
RCW 48.
Insurance Coverage
A. Worker’s compensation and employer’s liability insurance as required by the
STATE.
B. General commercial liability insurance in an amount not less than a single limit
of one million and 00/100 Dollars ($1,000,000.00) for bodily injury, including
death and property damage per occurrence.
Excepting the Worker’s Compensation insurance and any professional liability
insurance secured by the CONSULTANT, the AGENCY will be named on all
certificates of insurance as an additional insured. The CONSULTANT shall
furnish the AGENCY with verification of insurance and endorsements required by
this AGREEMENT. The AGENCY reserves the right to require complete, certified
copies of all required insurance policies at any time.
All insurance shall be obtained from an insurance company authorized to do
business in the State of Washington. The CONSULTANT shall submit a
verification of insurance as outlined above within 14 days of the execution of this
AGREEMENT to the AGENCY. No cancellation of the foregoing policies shall be
effective without thirty (30) days prior notice to the AGENCY.
The CONSULTANT’s professional liability to the AGENCY shall be limited to the
amount payable under this AGREEMENT or one million dollars, whichever is the
greater unless modified by Exhibit H. In no case shall the CONSULTANT’s
professional liability to third parties be limited in any way.
The AGENCY will pay no progress payments under Section V until the
CONSULTANT has fully complied with this section. This remedy is not exclusive;
and the AGENCY and the STATE may take such other action as is available to
them under other provisions of this AGREEMENT, or otherwise in law. XIV
EXTRA WORK
A. The AGENCY may at any time, by written order, make changes within the
general scope of the AGREEMENT in the services to be performed.
Transportation Improvement Board (TIB)
Consultant Agreement
Form 190-016 Revised Oct 2001 Page 5 of 36 TIB
B. If any such change causes an increase or decrease in the estimated cost
of, or the time required for, performance of any part of the work under this
AGREEMENT, whether or not changed by the order, or otherwise affects
any other terms and conditions of the AGREEMENT, the AGENCY shall
make an equitable adjustment in the (1) maximum amount payable; (2)
delivery or completion schedule, or both; and (3) other affected terms and
shall modify the AGREEMENT accordingly.
C. The CONSULTANT must submit any proposal for adjustment (hereafter
referred to as proposal) under this clause within 30 days from the date of
receipt of the written order. However, if the AGENCY decides that the facts
justify it, the AGENCY may receive and act upon a proposal submitted
before final payment of the AGREEMENT.
D. Failure to agree to any adjustment shall be a dispute under the disputes
clause. However nothing in this clause shall excuse the CONSULTANT
from proceeding with the AGREEMENT as changed.
E. Notwithstanding the terms and condition of paragraphs (a) and (b) above,
the maximum amount payable for this AGREEMENT, shall not be
increased or considered to be increased except by specific written
supplement to this AGREEMENT.
XV
ENDORSEMENT OF PLANS
The CONSULTANT shall place his endorsement on all plans, estimates or any
other engineering data furnished by him. XVI
TIB AND AGENCY REVIEW
The AGENCY and TIB shall have the right to participate in the review or
examination of the work in progress.
XVII CERTIFICATION OF THE
CONSULTANT AND THE AGENCY
Attached hereto as Exhibit A-1, are the Certifications of the Consultant and the
Agency.
XVIII
COMPLETE AGREEMENT
This document and referenced attachments contains all covenants, stipulations
and provisions agreed upon by the parties. No agent, or representative of either
party has authority to make, and the parties shall not be bound by or be liable for,
any statement, representation, promise or agreement not set forth herein. No
changes, amendments, or modifications of the terms hereof shall be valid unless
reduced to writing and signed by the parties as an amendment to this
AGREEMENT.
XIX
EXECUTION AND ACCEPTANCE
This AGREEMENT may be simultaneously executed in several counterparts,
each of which shall be deemed to be an original having identical legal effect. The
CONSULTANT does hereby ratify and adopt all statements, representations,
warranties, covenants, and agreements contained in the proposal, and the
supporting materials submitted by the CONSULTANT, and does hereby accept
the AGREEMENT and agrees to all of the terms and conditions thereof.
In witness whereof the parties hereto have executed this AGREEMENT as of the day and year first above written.
By By
Consultant City/County of
Transportation Improvement Board (TIB)
Consultant Agreement
Form 190-016 Revised Oct 2001 Page 6 of 36 TIB
EXHIBIT A-1
Certification of Consultant
Project No. City/County Bremerton
I hereby certify that I am __________Ron Leimkuhler_________________________________________________________ a duly authorized
representative of the firm of ____KPFF Consulting Engineers_______________________________________________ whose address is
___1601 5th Avenue, Suite 1600, Seattle, WA 98101___________________________________________________________ and that neither
I nor the above firm I here represent has:
(a) Employed or retained for a commission, percentage, brokerage, contingent fee or other consideration, any firm or person (other than a
bona fide employee working solely for me or the above CONSULTANT) to solicit or secure this contract.
(b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of a firm or person in connection
with carrying out the contract.
(c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above
CONSULTANT) any fee, contribution, donation or consideration of any kind for, or in connection with procuring or carrying out the contract;
except as here expressly stated (if any):
I further certify that the firm I hereby represent is authorized to do business in the State of Washington and that the firm is in full compliance with
requirements of the Board of Professional Registration.
I acknowledge that this certificate is to be available to the Transportation Improvement Board (TIB), in connection with this contract involving
participation of TIB funds and is subject to applicable State and Federal laws, both criminal and civil.
Date Signature
Certification of Agency Official
I hereby certify that I am the AGENCY Official of the City/County of ____________________________________________________,
Washington and that the above consulting firm or his/her representative has not been required, directly or indirectly as an express or implied
condition in connection with obtaining or carrying out this contract to:
(a) Employ or retain, or agree to employ or retain, any firm or person, or
(b) Pay or agree to pay to any firm, person or organization, any fee, contribution, donation or consideration of any kind, except as here
expressly stated (if any).
I acknowledge that this certificate is to be available to the TIB, in connection with this contract involving participation of TIB funds and is subject
to applicable State and Federal laws, both criminal and civil.
Date Signature
Transportation Improvement Board (TIB)
Consultant Agreement
Form 190-016 Revised Oct 2001 Page 7 of 36 TIB
EXHIBIT B-1
Scope of Work
Project. No.
Describe the Scope of Work
See attached.
Documents to be Furnished by the Consultant
Form 190-016 Revised Oct 2001 Page 8 of 36 TIB
EXHIBIT B-1
EAST 11TH STREET AND PERRY AVENUE
FINAL DESIGN SCOPE OF WORK
Contents
Project Description .................................................................................................................................... 2
Introduction .......................................................................................................................................... 2
Assumptions ......................................................................................................................................... 3
Task 1: Project Management .................................................................................................................. 5
1.1 Contract Administration ................................................................................................. 5
1.2 Project Management Plan ............................................................................................... 5
1.3 Subconsultant Management ........................................................................................... 6
1.4 Coordination Meetings .................................................................................................... 6
Task 2: Data Collection ........................................................................................................................... 7
2.1 Data Collection ................................................................................................................. 7
2.2 Survey ................................................................................................................................ 7
Task 3: Public Involvement Support.................................................................................................... 9
3.1 Public Walking Tour ........................................................................................................ 9
3.2 Public Outreach Meetings and Support ....................................................................... 9
3.3 Online Open House and Website Support ................................................................. 10
3.4 Face to Face Outreach .................................................................................................... 10
Task 4: PS&E Design ............................................................................................................................. 11
4.1 Basis of Design ................................................................................................................ 11
4.2 PS&E ................................................................................................................................. 11
Task 5: Right-of-Way ............................................................................................................................. 20
5.1 Temporary Construction Rights of Entry ................................................................... 20
5.2 Acquisition Services ....................................................................................................... 20
Task 6: Support Tasks ........................................................................................................................... 20
6.1 Utility Relocation Support ............................................................................................ 20
6.2 Geotechnical Engineering ............................................................................................. 21
6.3 Cultural Resource Services ........................................................................................... 21
6.4 Bid Support Services ...................................................................................................... 23
Task 7: Construction Management - DSDC ..................................................................................... 23
7.1 Design Services During Construction ......................................................................... 23
7.2 Construction Management ........................................................................................... 23
Form 190-016 Revised Oct 2001 Page 9 of 36 TIB
Project Description
Introduction
The East 11th Street and Perry Avenue project goals include:
1. Full depth roadway reconstruction of approximately 2500 lineal feet of classified
minor arterials in East Bremerton connecting the Manette Neighborhood Center
and the Perry Avenue Neighborhood Center to provide a balanced multimod al
“complete streets” transportation system that accommodates all users and
supports active transportation and economic vitality
2. Provide context sensitive improvements that enhance and or compliment the
character of the neighborhood
3. Provide low impact development (LID) water quality features where practical in
accordance with the City’s Department of Ecology (DOE) grant.
The CONSULTANT team shall support the City’s project delivery as outlined in this
scope of work, with an estimated total project cost of ~$5.2 Million.
Schedule
NTP March 2019
Project Construction Advertisement in February 2020
Project Construction in the summer of 2020
Key Stakeholders
City of Bremerton, Local residents, Local businesses, Kitsap Transit, Cascade
Natural Gas, Puget Sound Energy, and Waste Management
Form 190-016 Revised Oct 2001 Page 10 of 36
TIB
Assumptions
The following are general project assumptions for the Scope of Work; other assumptions are found
within the project tasks.
1. Full sidewalks and pavement reconstruction within the Right-of-Way limits for street
improvements on East 11th Street from east side of Pitt Avenue to Perry Avenue and Perry
Avenue from East 11th Street to 17th Street.
2. A 30, 60, 90 percent level design and final plans, specification and estimate (PS&E) package
will be prepared by the CONSULTANT.
3. A concept plan will be developed using the cross sections approved by the City in the Basis of
Design.
4. The project will benefit from contractor access to private property within the project corridor,
but no permanent easements or right of way acquisitions are needed for this project.
Temporary access needs, if determined required for project construction, shall be an additional
service.
5. Intersections shall be designed for turning vehicles identified by the City before the 30%
submittal with ADA compliant ramp(s) at each corner of an intersection.
6. Scope of the project will be refined through an outreach process with stakeholders and City
staff.
7. TIB grant funding is providing the majority of the project funding and the CONSULTANT
shall meet the TIB requirements in execution of this scope of work and there is no federal
funding for the project.
8. Roadway paving shall be HMA with the City providing the design section to the
CONSULTANT team.
9. Pedestrian lighting will be included in the project scope for increased visibility and safety.
10. Project scope includes traffic calming features to enhance pedestrian safety and lower through
traffic speed and may become raised intersections, bulbouts, RRFB’s or mini-roundabouts.
Bike lanes and sharrows are to be included within the project.
11. Obstructions within the pedestrian access route (PAR) will be removed or relocated.
12. Power and communication utilities will be relocated at various locations in coordination with
the project improvements. Relocation will be funded by utilities through City/Utility franchise
agreements. Overhead utilities will remain overhead and relocation design will be performed
by the associated utilities, in coordination with project requirements.
13. A pressure relief valve (PRV) station will be installed on Perry Avenue as part of the project.
Form 190-016 Revised Oct 2001 Page 11 of 36 TIB
14. Drainage infrastructure on Perry Avenue and East 11th Street will be reconstructed as 12 -inch
storm lines with new catch basins, laterals and inlets. The CONSULTANT shall review and
validate capacity assumptions within the project drainage report.
15. Low Impact development standards will be utilized in stormwater design to meet Ecology
grant funding requirements. Environmental permitting is led by the City and this project has
been determined by the City SEPA official to be Categorically Exempt per WAC 197-11-800(3)
as a maintenance and repair project.
16. Sewer truck line work is beyond the project scope.
Information provided by the City
1. Record drawings for roadway, water, sewer, and stormwater.
2. City CADD plan PS&E standards and survey standards for use by the CONSULTANT, unless
authority is delegated to the CONSULTANT.
3. Utility agencies and contact person with phone number servicing the within the project limits.
4. Identification of know critical areas and issues within the project’s limits.
5. Requirements of Ecology grant funding that need to be met by CONSULTANT.
Form 190-016 Revised Oct 2001 Page 12 of 36 TIB
Task 1: Project Management
The CONSULTANT shall provide overall project administration and management for the duration of
the project.
1.1 Contract Administration
The CONSULTANT shall develop and manage the project scope, schedule, and budget.
The CONSULTANT shall execute contract administration activities as needed to complete the scope of
work.
The CONSULTANT shall be paid for completed work and services rendered under this
AGREEMENT. Such payment shall be full compensation for work performed or services rendered and
for all labor, materials, supplies, equipment, and incidentals necessary to complete the work specified
in the Scope of Work.
Monthly invoices for work completed to date shall be submitted to the CITY.
Invoices shall be tracked by individual Task, including all SUBCONSULTANTS.
Deliverable(s):
1. Scope, schedule and budget updates as warranted (electronic PDF).
2. Monthly progress report summary (electronic PDF).
3. Monthly invoices (electronic PDF).
1.2 Project Management Plan
The CONSULTANT shall develop and maintain a Project Management Plan. The Project management
plan shall include:
Project Team Org Chart
Contact List
Work Breakdown Structure
Project Management
Change Management
Schedule Management
Cost/Budget Management
Risk Management
Staffing Management
Quality Control and Quality Assurance
Basis of Design
Form 190-016 Revised Oct 2001 Page 13 of 36 TIB
A Risk Registry and design issue log shall be maintained by the CONSULTANT.
Deliverable(s):
1. Project Management Plan (living document) (electronic PDF or DOCX).
2. Risk Registry (Living Document) (electronic PDF or DOCX).
3. Design issue log (Living Document) electronic PDF or DOCX).
1.3 Subconsultant Management
The CONSULTANT shall prepare SUBCONSULTANT contracts and manage SUBCONSULTANTS to
ensure accurate and timely implementation of the work plan and the appropriate coordination of
work activities, including the review of all SUBCONSULTANTS’ work on various project elements. In
addition, the CONSULTANT shall conduct reviews of SUBCONSULTANTS’ progress and invoices.
1.4 Coordination Meetings
The CONSULTANT shall schedule, attend and host project meetings to support the project and
facilitate communication.
Project Management Meetings
The CONSULTANT PM and the City project manager shall have a bi -weekly phone meeting to
discuss project issues, current status and upcoming work for the duration of the project design phase,
with an expected duration of 30 minutes. The CONSULTANT PM shall also attend five two hour face-
to-face meetings with various City staff to support the project between design milestones.
Design Milestone Meetings
CONSULTANT will schedule meetings with the City at project milestones to coordinate the design
process. In-person meetings will be held at the City’s Public Works office or the project site and will
be at the following milestones with the estimated hours as shown:
Kickoff – 4 hours to include a site walk through
Concept layout design – 3 hours to include a site visit of key locations
Review of 30% design – 3 hours
Review of 60% design – 3 hours
Review of 90% design – 3 hours
Review of bid package – 3 hours (If needed for addendums)
The project kickoff meeting shall be attended by the CONSULTANT Project Manager, the Civil Lead,
the Urban Design lead, the Geotechnical Engineer and the Drainage Lead.
Form 190-016 Revised Oct 2001 Page 14 of 36 TIB
All other milestone meetings will be attended by the CONSULTANT PM only.
City Council/Executive Committee Briefings
The CONSULTANT PM and urban design lead will attend up to three (3) briefing sessions with City
Council or the Executive Committee. CONSULTANT will revise the project design based on direction
of the City PM between City Council/Executive Committee Briefings and public outreach meetings.
Assumption(s):
1. Briefings will occur prior to the public outreach meetings.
2. A formal submittal log comment log will be prepared by the City and provided to the
CONSULTANT for each milestone submittal.
Deliverable(s):
1. Meeting presentation material.
2. Meeting draft and final notes.
Form 190-016 Revised Oct 2001 Page 15 of 36 TIB
Task 2: Data Collection
2.1 Data Collection
The CONSULTANT shall review existing data, document the major findings, determine what
additional data is needed, and conduct a site visit to review existing conditions. In addition, the
CONSULTANT shall complete the following activities:
Collect and review utility GIS information.
Coordinate with City and private utilities to ensure utility information is shown correctly
within the plan set.
Collect existing record drawings within the project vicinity.
Maintenance records to include but not limited to icing and drainage problem areas along
sidewalks, ground water/surface drainage problem areas, sink/pothole conditions.
Assumption(s):
1.The existing conditions site visit shall occur after survey has been collected.
2.City will provide information in electronic PDF format.
Deliverable(s):
1.Tech memo summary of project existing condition site visit.
2.Tech memo summary of utility coordination data revisions or updates.
3.Electronic publication of collected records.
2.2 Survey
The CONSULTANT shall collect surface topo survey within the project vicinity per City standards at
the time of contract execution. Survey shall extend 50 feet beyond side street curb returns.
The CONSULTANT shall collect Right-of-Way survey within the project vicinity. Monuments shall be
located and used to establish rights of way for East 11th Street and Perry Avenue and side streets for a
distance of 100 feet for East 11th and Perry Avenue rights of way.
The CONSULTANT shall collect surface visual utility survey, including drainage and sewer utility
measure downs of accessible catch basins, manholes, inlets and other drainage structures within the
project vicinity.
Information on non-visual underground utilities shall be collected by the CONSULTANT using GIS
information, record drawings, or other means.
Form 190-016 Revised Oct 2001 Page 16 of 36 TIB
The CONSULTANT shall develop a Civil 3d basemap of the existing conditions per the City
Standards and a Civil 3d existing condition Digital Terrain Model.
Topo survey beyond the ROW limits shall be collected to existing building faces or 30 feet beyond the
ROW.
Assumption(s)
Ground Based Lidar will be utilized by the CONSULTANT for survey collection on private
property within the corridor.
Civil 3d 2017 shall be the project’s existing condition file format.
Mapping will conform to City and APWA standards provided by City.
Survey requiring confined space entry is beyond the scope of work. Manholes over 25 feet
deep or full of debris/water may not be asbuilt since they may require confined space
entry to access the manhole in order to accurately measure the depth (if needed).
Trees will be surveyed. Trees will be labeled with trunk and dripline diameter and will be
classified as coniferous or deciduous and by species on the basemap survey.
Survey Basemaps will be provided in: U.S. Survey Feet NAD 83(2011) horizontal and NAVD
88 vertical datum’s unless otherwise directed.
CONSULTANT will call one-call and pick-up utilities that are marked. CONSULTANT will
coordinate with a private utility locator to verify accuracy and completeness of information
obtained from free one-call service.
Up to Two (2) utility potholes will be collected on an as needed basis after the 30% milestone to
verify proposed utility connection points.
Up to Two (2) pipe probes (CCTV or Pipe tracing) will be assumed on an as needed basis.
Topo survey beyond ROW limits will be limited to what can be measured via Lidar scanner or
physically measured from the ROW limits.
Deliverable(s):
1. Existing Conditions survey in Civil 3d 2017 Format in 2D and 3D with right-of-way limits.
2. Existing Surface DTM in Civil 3d 2017 Format.
3. Horizontal and Vertical Control Drawings.
Task 3: Public Involvement Support
3.1 Public Walking Tour
CONSULTANT will prepare for and conduct a walk & talk site visit w ith City Staff and interested
property and business owners to review the existing conditions on East 11th St. and Perry Ave and
discuss project scope and funding with the attendees. During this walk we hope to learn more about
what is working and what is not working. After the walk & talk site visit, we will meet with the City to
review the input we received during the walk and talk site visit and develop a list of issues and
desires for the project. We will compare this list with the TIB project scope.
Form 190-016 Revised Oct 2001 Page 17 of 36 TIB
Assumption(s):
1.City will prepare and deliver the public notice, mailings, and/or handouts for the Public
Walking Tour.
Deliverable(s):
1.Written summary of the walk & talk site visit.
2.Photo documentation of the walk & talk site visit.
3.Summary of direction for design concepts.
3.2 Public Outreach Meetings and Support
The City will lead the public involvement effort for the project and the CONSULTANT shall support
this effort by attending up to two (2) public outreach meetings. The CONSULTANT will also support
this effort by producing public outreach graphics.
Based upon the information gathered during the public walking tour, the CONSULTANT will prepare
up to three (3) preliminary design concepts to illustrate the various landscape and urban design
treatments for East 11th St. and Perry Ave. The preliminary design concepts will be illustrated on plan
views with corresponding cross-sections. The CONSULTANT shall create photo boards with site
furnishings, plant material, wall treatments, lighting, and sidewalk treatment options. The public will
have the opportunity to review and discuss the preliminary design concepts during public outreach
meeting number one.
Based upon the comments received during public outreach meeting number one, the CONSULTANT
and the City will prepare a preferred concept for the public to review during a follow up outreach
meeting. The CONSULTANT will present a preferred concept and answer any questions the public
may have in a 2nd public outreach meeting.
Assumption(s):
1.Up to 3 CONSULTANT team members shall attend the public outreach meeting.
2.Public outreach graphics, either PowerPoint or PDF presentation or large format boards, shall
be produced by the CONSULTANT for use at the public open house and for the project
website.
3.City to prepare and provide the notice, any mailings, advertisement(s) and, location of the
public outreach meeting.
4.Consultant effort shall be limited to approved fee.
Form 190-016 Revised Oct 2001 Page 18 of 36 TIB
Deliverable(s):
1. Public outreach graphics.
2. Written summary of public comments.
3. Public outreach graphics either PowerPoint or PDF presentation or large format boards shall
be produced by the CONSULTANT for use at public outreach meetings and for the project
website.
4. Written summary of the public meeting.
3.3 Online Open House and Website Support
CONSULTANT will develop survey content to support an online open house. Survey will include the
information presented during the Public Outreach Meeting One to solicit additional feedback.
CONSULTANT will provide graphic and written materials to the City for posting on the City’s project
website throughout the course of the project.
Assumption(s):
1. City will maintain and host the project website.
2. Online survey will be Survey Monkey.
3. The city will host the survey on their website using the link provided by the CONSULTANT.
4. CONSULTANT will design the survey content for the city to review.
5. CONSULTANT effort shall be limited to approved fee.
Deliverable(s):
1. Content for the survey and survey link.
2. Summary of the survey results.
3. Graphics and written content for project website.
3.4 Face to Face Outreach
The CONSULTANT shall support the City in meeting with individual property owners and/or
business owners to discuss the project and gather input.
Assumption(s):
1. City will schedule face to face meetings as needed.
2. Meetings will occur at the subject property.
Form 190-016 Revised Oct 2001 Page 19 of 36 TIB
3. CONSULTANT staff will attend as requested by the City.
4. Six (6) face to face meetings will occur with a total CONSULTANT effort of 12 hours for
preparing meeting materials, travel time and meeting attendance.
Deliverable(s):
1. CONSULTANT meeting attendance.
2. Meeting exhibit materials as needed.
3. Meeting notes as needed.
Task 4: PS&E Design
4.1 Basis of Design
The CONSULTANT shall prepare a basis of design documenting design decisions and key
assumptions in coordination with the City.
Deliverable(s):
1. Basis of Design (living document).
4.2 PS&E
The CONSULTANT shall prepare plans, specifications and cost estimates for the project.
Assumption(s):
1. Submittals shall be electronic.
2. CAD design files shall be submitted as an “e-transit” for all milestone deliverables.
3. Sheet scale for full civil drawings will be 1:20, unless additional detail or clarity is needed.
4. There are no wetlands, critical slopes, slide areas, streams, or other environmental sensitive
lands within the limits of this project.
5. No protected aquifers exist within the limits of this project.
6. Contractor will develop SPCC plans.
Deliverable(s):
1. 30 %, 60%, 90% and Final PS&E packages.
Form 190-016 Revised Oct 2001 Page 20 of 36 TIB
General Plans
The CONSULTANT shall develop and update a cover sheet and drawings index. The CONSULTANT
shall document general notes, abbreviations, and symbols.
The CONSULTANT shall develop survey control sheets for the project based on collected
topographical survey, providing horizontal and vertical control for the project.
Deliverable(s):
1.Cover sheet.
2.General notes and legend sheet.
3.Survey control sheets.
Right-of-Way Plans
The CONSULTANT shall produce Right-of-Way plans.
Assumption(s):
1.Plans shall be developed to City Standards and meet TIB requirements.
Deliverable(s):
1.Right-of-Way Plans.
Site Prep/TESC and Franchise Utility Plan
The CONSULTANT shall identify demolition activities, including items to be abandoned, salvaged,
recycled, or removed, and facilities that need to be protected during construction. Demolition plans
shall include surface feature items, such as pavements by type, sidewalk, curbs, walls, building
structures and foundations, and miscellaneous structures. Demolition required for utilities, drainage
features, signing, striping, signalization, and illumination shall not be included in these drawings and
shall be shown on the relevant discipline drawings.
Temporary erosion and sediment control plans shall be shown on the Site Preparation plans as well.
Franchise utility relocation shall be shown within the same drawing set, if needed.
Assumption(s):
1.City utility plans for water and storm will be shown on separated Plan sheets.
2.The drawings shall show removals and abandonment of existing stormwater features by the
project.
Deliverable(s):
Form 190-016 Revised Oct 2001 Page 21 of 36 TIB
1. Site Preparation/TESC and Franchise Utility Plans.
Roadway Plans
The CONSULTANT shall produce roadway paving plans for the project.
Assumption(s):
1. Plan sheets and profile sheets will be on separate plan sheets.
2. Roadway profiles will show centerline and curb elevations at 25 foot station intervals .
3. Pavement section/s shall be provided to the CONSULTANT by the City.
Deliverable(s):
1. Horizontal Alignment Plans.
2. Vertical Profile Plans.
3. Paving Plans.
4. Typical Sections Plans.
5. Driveway Plans.
6. Paving Details.
Intersection Plan
The CONSULTANT shall develop plan sheets for each intersection.
Assumption(s):
1. Plans will include curb return geometry and grading information.
Deliverable(s):
1. Intersection Plans.
ADA Ramp Details
The CONSULTANT shall develop ADA ramp plans for the project.
Assumption(s):
1. The City shall identify applicable ADA criteria for the project team.
2. 32 ADA ramps will be included in project.
3. Two ADA ramps per intersection leg are desirable, but one ramp may be proposed when ROW
isn’t available.
Form 190-016 Revised Oct 2001 Page 22 of 36 TIB
4. Maximum Extent Feasible (MEF) notes shall be included on ADA ramps which do not meet the
applicable ADA criteria.
5. A MEF memo shall be developed by the CONSULTANT at the 90% design phase for review
and comment by the City for project elements outside full ADA compliance. A final MEF
memo shall be submitted by the CONSULTANT at the final plan set submittal.
Deliverable(s):
1. ADA ramp details.
2. Draft and Final MEF memorandum.
Underground Utility Cost Study
CONSULTANT shall develop a conceptual cost estimate for the undergrounding of all aerial utilitie s
in the project corridor.
Assumption(s):
1. City shall work with the CONSULTANT to develop cost sharing assumptions with the
impacted utilities.
2. Study effort shall be conceptual in nature and be limited to 48 hours of effort.
Deliverable(s):
1. Draft and Final Utility Underground Cost Study
Channelization and Signage Plans
The CONSULTANT shall develop a channelization and signage plans for the project.
Assumption(s):
1. City roadway signage within the corridor shall be replaced.
2. Other agency or private signage will be reused unless otherwise provided by their respective
owner(s).
Deliverable(s):
1. Channelization and Signage plans.
Traffic Control Plans
The CONSULTANT shall develop Traffic Control Plans for the project meeting the City’s traffic
control plan requirements.
Assumption(s):
1. City shall provide MUTCD edition or City criteria for use by the Consultant.
2. MOT plans shall be developed for the 60%, 90% and final submittals.
Form 190-016 Revised Oct 2001 Page 23 of 36 TIB
3.MOT plans shall show high level traffic phasing approach, such as detours and contractual
access requirements.
Deliverable(s):
1.Traffic Control Plans.
Stormwater Report
The CONSULTANT shall prepare a draft and final Stormwater Report that evaluates the Project for
compliance with the City Stormwater Requirements. The draft stormwater report shall include the
following:
Project description.
Project-site basin and sub-basin delineation.
Quantify land cover changes created by the project including new and replaced impervious
surfaces.
Determine stormwater minimum requirements applicable to project.
Proposed stormwater system and associated design criteria, calculations, and assumptions.
Figures to include but not limited to project vicinity maps and drainage basin delineation
maps.
Appendix to include emails, meeting minutes, etc. that document drainage direction from City.
The focus of the report shall be technical and the narrative is expected to be brief, utilizing tables,
maps, schematic sketches/details, and bullets whenever possible. The draft stormwater report shall
be turned in after the CONSULTANT receives 30 percent design submittal comments.
Upon receiving City comments, the CONSULTANT shall formally reply to received comments via
written response. A final report shall address received comments and be submitted to the City with
the 90% plan set.
Deliverable(s):
1.Draft and Final stormwater reports.
2.Draft stormwater report comment responses.
Stormwater Plans
The CONSULTANT shall perform an engineering analysis, and design a stormwater system within
the project limits to meet current stormwater requirements. The drawings shall show removals and
abandonment of existing stormwater features by the project.
Assumption(s):
1.Stormwater design will meet the requirements of the Department of Ecology, Stormwater
Management Manual for Western Washington (SWMMWW) 2012 as amended in December
2014.
2.Drainage trunk lines shall be reconstructed throughout the limits of the project.
Form 190-016 Revised Oct 2001 Page 24 of 36 TIB
3.Drainage profiles will be prepared at the 60%, 90%, and Final design level.
4.Sewer construction is not within the project scope.
5.The existing storm and sewer systems are separated systems. Combined sewer system design
is not included in this scope of work.
Deliverable(s):
1.Stormwater plans, profiles and details.
LID Stormwater Elements
The CONSULTANT shall perform an engineering analysis and design LID stormwater elements
within the project limits to meet goals established by the City and the Department of Ecology per
grant funding provided to the project.
Assumption(s):
1.LID Stormwater design will meet the requirements of the Department of Ecology, Stormwater
Management Manual for Western Washington (SWMMWW) 2012 as amended in December
2014.
2.On-Site stormwater infiltration will be feasible for the project on East 11 th Avenue.
3.A backup street conveyance system on East 11th will be included in the project if deemed
warranted by the team.
Deliverable(s):
1.LID Stormwater elements incorporated into the project design.
Water Plan
The CONSULTANT shall develop water plans for an 8” PRV station to interconnect two separate
water systems with different pressure planes.
Assumption(s):
1.No hydrant (s) are relocated or replaced by the project.
2.One pressure relief valve is installed by the project.
3.City will perform Street pavement restoration related to potholing of existing waterlines to
verify location, conflicts, type, and size of water connections.
Deliverable(s):
1.Watermain plan, profile and detail sheets.
Form 190-016 Revised Oct 2001 Page 25 of 36 TIB
Lighting Plans
The CONSULTANT will design the illumination based on an AGI32 photometric model to determine
lighting levels and luminaire placement along 11th Street and Perry Avenue through the project limits.
Photometric model will focus on pedestrian lighting, intersection and designated pedestrian crossing
lighting, and street lighting.
The CONSULTANT will document project specific design decisions, deviations, justifications, and
other approvals. Design will follow CITY design standards, WSDOT guidance and the Illuminating
Engineers Society (IES) Lighting Handbook. The SUB-CONSULTANT will prepare a technical memo
for the illumination design for the project including calculation summaries and AGI light level
exhibits.
The CONSULTANT will develop lighting plans for the corridor. The drawings shall show removals
and abandonment of existing lighting elements by the project and installation of all new lighting
elements, including pedestrian lighting elements. The CONSUTANT will coordinate power needs
with applicable utilities, including service applications. Plan will account for metered electrical
service to provide power for the street and pedestrian lighting system as well as festoon power outlets.
Assumption(s):
1.CITY shall provide lighting fixture information and illumination standards and specifications.
2.CONSULTANT shall develop foundation designs based on recommendations provided by a
geotechnical investigation.
Deliverable(s):
1.Lighting analysis memo with Light level exhibits.
2.Lighting plans and details at 60%, 90%, 100% plan submittal.
Landscape & Urban Design
The CONSULTANT shall develop landscape and urban design plans including:
Planting plans and photo cut sheets for street trees, shrubs and groundcover options.
Urban design plans and enlargement details to include sidewalk paving patterns, finish
treatments and location of site furnishings. Site furnishings include benches, litter and recycling
receptacles, bike racks, and tree grates. Paving and site furnishings shall be per City of
Bremerton standards. CONSULTANT shall provide recommendations for two (2) options for
retaining wall aesthetic treatments.
The CONSULTANT shall identify existing tree species in the landscape plans for all
existing trees in the corridor.
Assumption(s):
1.Urban Design shall identify Paving colors, finish treatment and patterns.
Form 190-016 Revised Oct 2001 Page 26 of 36 TIB
2. A sight-line exhibit to show planting height limits within the street corridors will be produced.
3. Arborist services and sign design will be an additional service.
4. Back of sidewalk private property restoration includes bark, crushed rock, or hydro seed.
5. Locations for art opportunities will be identified. Art is not included at this time.
6. Custom designed site furnishings and wall form liners are not included. Commercial, off the
shelf products will be specified.
7. Permanent landscape irrigation will not be required.
Deliverables:
1. Planting plans (1” = 20’ full size – 4 sheets).
2. Planting schedule, details and notes (2 Sheets).
3. Urban design plans (1” = 20’ full size – 4 sheets).
4. Urban design schedule, paving enlargements, details and notes (3 sheets).
5. Two (2) options for retaining wall aesthetic treatments.
Structural Engineering
Reserved
Engineer’s Estimate
The CONSULTANT shall deliver an estimate for construction costs for all milestones broken out into
funding categories for stormwater, water utility, street, LID, and other categories as direct by the City .
The estimate shall be submitted in Microsoft Excel (.xlsx) format and shall include a basis of estimate,
documenting key assumptions and cost estimating methodology.
Assumption(s):
1. In providing opinions of cost, financial analyses, economic feasibility projections, and
schedules for the project, the CONSULTANT shall have no control over cost or price of labor
and materials, unknown or latent conditions of existing equipment or structures that might
affect operation or maintenance costs, competitive bidd ing procedures and market conditions,
time or quality of performance by operating personnel or third parties, and other economic
and operational factors that might materially affect the ultimate project cost or schedule. The
CONSULTANT, therefore, shall not warranty that the actual project costs, financial aspects,
economic feasibility, or schedules shall not vary from CONSULTANT’S opinions, analyses,
projections, or estimates.
Form 190-016 Revised Oct 2001 Page 27 of 36 TIB
2.Budget-level cost estimates shall include appropriate contingency factors to account for project
uncertainties that cannot be explicitly accounted for at the project’s various engineering stages.
Risks that have been identified shall be listed along with potential cost and schedule impacts.
3.The effort to prepare quantities for the estimate unit cost items and lump sums shall be
provided under the respective design discipline task using the CITY’s standard measurements.
4.All “soft costs” to be included within the cost estimate, such as City procured items, and City
self-preformed work will be provided to the CONSULTANT two weeks before the estimate
due date.
5.The CONSULTANT shall not prepare quantity tabulation sheets.
6.Quantities shall be developed from engineered drawings to the maximum extent feasible.
7.Basis of estimate shall limited to an executive summary of 4 pages maximum, with supporting
appendix material as needed.
Deliverable(s):
1.Estimate in excel format with notes provided on basis of estimate.
Specifications
The CONSULTANT shall prepare project specifications per WSDOT/APWA Standard Specification
using City Standards.
Assumption(s):
1.City shall provide specification boilerplates as needed a minimum of 3 weeks before schedule
milestones.
2.Project specification format is MS Word “.docx” format and will follow the 2018
WSDOT/APWA Standard Specifications for Road, Bridge, and Municipal Construction.
Deliverable(s):
1.60% Specification Outline.
2.90% and final specifications and project manual.
QA/QC
The CONSULTANT shall prepare the QC/QA plan, and conduct thorough quality reviews and checks
for each submittal. This task covers senior reviews of major work deliverables, including the 30%
Design submittal. The project quality manager shall be responsible for ensuring that they are
completed and documented. Such reviews shall be performed after deliverables are assembled and
before their submittal to the City
Form 190-016 Revised Oct 2001 Page 28 of 36 TIB
QC efforts and reviews shall encompass the work performed by the CONSULTANT and its
SUBCONSULTANTS. Routine checking of calculations, plan sheets, and other work, done as peer
review on the various discipline items, is included in the scope of the individual task.
Deliverable(s):
1.QC/QA Plan (electronic PDF).
2.QC-QA documentation for the 30 % PS&E Submittal (electronic PDF).
3.Submittal Comment Logs, with notes of action taken and responses.
Deviation Documentation
If needed, The CONSULTANT shall prepare deviation documentation for the project, as identified
during the project design life.
Assumption(s):
1.No deviations have been identified by the City during project scoping.
Deliverable(s):
1.Deviation Report per City standards, if warranted.
Task 5: Right-of-Way
5.1 Temporary Construction Rights of Entry
The CONSULTANT shall develop Temporary Construction Rights of Entry exhibits to support the
project.
Assumption(s):
1.Identification of temporary construction access requirements by the project’s future contractor
based on the initial field visit and the City’s approved concept layout plan.
2.Up to 15 rights of entry exhibits will be prepared by the CONSULTANT.
Deliverable(s)
1.Project Right of Entry Exhibits for impacted property.
5.2 Acquisition Services
Reserved
Form 190-016 Revised Oct 2001 Page 29 of 36 TIB
Task 6: Support Tasks
6.1 Utility Relocation Support
The CONSULTANT will support the City to relocate existing utilities within the project corridor.
Assumption(s):
1.City will provide a list of utility agencies name, contact person, and phone number for each
utility that is within the project limits which may be impacted by the project improvements.
2.City shall lead all communications with all utilities within this corridor.
3.With the exception of the City owned utilities, all existing utilities in the corridor are under a
franchise agreement. Relocation costs will not be borne by the project or the CONSULTANT.
4.The City will provide, generate, and/or process any required agrees required to be prepared
with the utility company.
5.All existing utility poles within the project vicinity require evaluation for future PAR needs
and 15 poles will be relocated for the project.
6.Four Utility Relocation meetings and 20 pdf exhibits will be needed.
7.Support shall be limited to the negotiated fee.
Deliverable(s):
1.Utility Relocation exhibits.
2.Utility Relocation meeting attendance and meeting notes.
6.2 Geotechnical Engineering
The CONSULTANT shall evaluate the existing geotechnical issues within the corridor and execute an
exploration plan to support the project and produce design criteria recommendations for use in final
design. Key tasks include:
Review of available geotechnical data and identification of known issues.
Perform a site reconnaissance.
Plan and execute a field exploration program to develop infiltration and retaining wall design
criteria, including infiltration testing using Pilot Infiltration Test ( PIT) methods to determine
feasibility of onsite infiltration.
Collect soil samples from within the ROW for laboratory evaluation, where needed.
Laboratory testing would include moisture content, hydrometers, grain-size distribution, and
Atterberg Limits. Up to ten geotechnical samples will be collected. Paving will be patched
using rapid cure PCCP.
Form 190-016 Revised Oct 2001 Page 30 of 36 TIB
Develop Traffic Control Plans and coordinate utility locates for planned areas of exploration.
Evaluate Geotechnical Explorations Field and Laboratory Data.
Evaluate the benefit of roadway underdrains within the reconstructed roadway.
Develop retaining wall, foundation and soil improvement design recommendations.
Develop design infiltration rates, including factors of safety, for infiltration evaluation.
Assumption(s):
1.The soils within the project corridor are not contaminated.
2.The City will waive street use permits or provide them to the CONSULTANT.
3.Infiltration testing shall be performed using a PIT test.
4.The City shall perform all site excavation and restoration for potholing and PIT testing.
Deliverable(s):
1.Geotechnical Explorations Work Plan Memorandum
2.Draft and Final Geotechnical Engineering Reports
6.3 Cultural Resource Services
The CONSULTANT will prepare a cultural resources assessment for the project, including the
following components:
1.Background research: The CONSULTANT will conduct a search on Washington Department of
Archaeology and Historic Preservation’s (DAHP) WISAARD system to identify recorded
historic built environment, historic register listed properties, archaeological sites, cemeteries,
and previously completed cultural resources assessment in proximity to the project location.
The CONSULTANT will review of relevant correspondence between the project proponent,
stakeholders, and DAHP. The CONSULTANT will review of pertinent environmental,
archaeological, ethnographic, and historical information appropriate to the project location
from a variety of available resources. The goal of background research is to provide contextual
information regarding the natural environment and cultural use of the project location, identify
recorded cultural resources, and determine the potential for as-yet unrecorded cultural
resources to be encountered during proposed project actions.
2.Tribal contact: The CONSULTANT will contact the cultural resources staff of tribes that may
have an interest in or information regarding the project location. This communication is
intended to inform the cultural resources assessment and does not constitute government-to-
government consultation. Copies of this correspondence and received responses will be
included as an attachment in the cultural resources assessment
3.Field Identification: The CONSULTANT will conduct field investigations of the project location
to identify archaeological and historical resources. Investigation will include pedestrian survey
and subsurface excavation in amenable environments that have the potential to contain buried
archaeological deposits. Methods will be consistent with DAHP guidelines.
Form 190-016 Revised Oct 2001 Page 31 of 36 TIB
4.Documentation of findings: The CONSULTANT will document and record identified
archaeological and historic sites within the project location on DAHP archaeological and/or
historic site(s) forms. All identified resources will be photo-documented and recorded in the
field. Archaeological materials or deposits will be documented and reburied, if appropriate,
within the find location. Cultural resources will be evaluated for significance following local,
state, and/or national significance as appropriate based on the project’s regulatory nexus.
Documentation will be consistent with DAHP standards and will be completed on DAHP’s
WISAARD system.
5.Cultural resources assessment report: The CONSULTANT will prepare a technical memo
describing background research, field methods, results of investigations, and management
recommendations. The report will provide supporting documentation of findings, including
maps and photographs, and will conform to DAHP reporting standards and the appropriate
requirements based on the regulatory nexus. Report and support materials will be provided
electronically in PDF format. An inadvertent discovery protocol and primary contacts will be
provided as an attachment in the assessment. This task includes one round of consolidated
comments from the client prior to the submission of the final report to DAHP. The
CONSULTANT will assist the client in submitting the cultural resources assessment and any
associated documentation to DAHP, via their WISAARD system.
Assumption(s):
1.CITY will provide utility locator services, per Washington State Law (RCW 19.122), prior to
field investigations.
2.No more than one (1) unrecorded archaeological site and one (1) unrecorded historic site will
be identified within the project. It would be necessary to adjust the budget if additional sites
are found.
3.No more than four (4) shovel test probes would be excavated.
4.No meetings with clients and/or stakeholders will be required.
5.CITY will coordinate any necessary Right of Entry.
6.If human remains are found within the project area, field investigations will cease immediately,
proper authorities will be notified, and CONSULTANT will not resume cultural resources field
investigations until applicable state laws are addressed.
Deliverable(s):
1.Draft and final cultural resources assessment report provided electronically.
2.Draft and final archaeological site and/or historic property inventory forms provided
electronically.
Form 190-016 Revised Oct 2001 Page 32 of 36 TIB
6.4 Bid Support Services
The CONSULTANT shall support the city during the bidding period as needed. Support may include
addressing bidding questions, addendum production and evaluation of bid results.
Assumption(s):
1.A level of effort of 14 CONSULTANT hours.
Deliverable(s):
1.Deliverables as requested by the City
Task 7: Construction Management - DSDC
7.1 Design Services During Construction
Reserved for possible future service
7.2 Construction Management
Reserved for possible future service
Form 190-016 Revised Oct 2001 Page 33 of 36 TIB
EXHIBIT C-3
Payment
(Negotiated Hourly Rate)
The CONSULTANT shall be paid by the AGENCY for completed work and services under this AGREEMENT as provided hereinafter. Such
payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals
necessary to complete the work.
1. Hourly Rates
The CONSULTANT shall be paid by the AGENCY for work done, based upon the negotiated hourly rates shown in Exhibits D and E attached hereto and by
this reference made part of this AGREEMENT. The rates listed shall be applicable for the first 12-month period and shall be subject to negotiation for the
following 12-month period upon request of the CONSULTANT or the AGENCY. The rates are inclusive of direct salaries, payroll additives, overhead, and
fee.
In the event renegotiation of the hourly rates is conducted, the AGENCY reserves the right to audit for any change in the overhead rate currently in use by the
CONSULTANT and modify the hourly rates to be paid to the CONSULTANT subsequent to the renegotiation accordingly. Any changes in the
CONSULTANT's fixed hourly rates may include salary or overhead adjustments.
2.Direct Nonsalary Costs
Direct nonsalary costs will be reimbursed at the actual cost to the CONSULTANT. These charges may include, but are not limited to the following items:
travel, printing, long distance telephone, supplies, computer charges, and fees of subconsultants. Air or train travel will only be reimbursed to economy class
levels unless otherwise approved by the AGENCY. The billing for nonsalary cost, directly identifiable with the PROJECT, shall be an itemized listing of the
charges supported by the original bills, invoices, expense accounts, and miscellaneous supporting data retained by the CONSULTANT. Copies of the
original supporting documents shall be supplied to the AGENCY upon request. All above charges must be necessary for the services provided under this
AGREEMENT.
3.Maximum Amount
The maximum amount payable for completion of work under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. No
minimum amount payable is guaranteed under this AGREEMENT. This does not include payment for extra work as stipulated in Section XIV, Extra Work.
4.Monthly Progress Payments
Progress payments may be claimed on a monthly basis for all costs authorized in 1 and 2 above. The monthly invoices shall be supported by detailed
statements for hours expended at the rates established in Exhibits D and E, including names and classifications of all employees, and invoices for all direct
expenses.
5.Inspection of Cost Records
The CONSULTANT and his/her subconsultants shall keep available for inspection by representatives of the AGENCY, and/or TIB, for a period of three years
after final payment, the cost records and accounts pertaining to this AGREEMENT, and all items related to or bearing upon these records with the following
exception: if any litigation, claim, or audit is started before the three-year period, the records shall be retained until all litigation, claims, or audit findings
involving the records have been resolved. The three-year period begins when the CONSULTANT receives final payment.
6. Final Payment
Final payment of any balance due the CONSULTANT of the gross earned will be made promptly upon its verification by the AGENCY after the completion of
the work under this AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, and other related documents which are required to be
furnished under this AGREEMENT. Acceptance of such final payment by the CONSULTANT shall constitute a release of claims of any nature which the
CONSULTANT may have against the AGENCY, unless such claims are specifically reserved in writing and transmitted to the AGENCY by the
CONSULTANT prior to its acceptance. Said final payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT
or to any remedies the AGENCY may pursue with respect to such claims.
The rates and total price of the original contract and any additions or changes thereto shall be adjusted to exclude any significant sums by which the
AGENCY determines the contract price was increased due to inaccurate, incomplete, or noncurrent wage rates or overhead rates, supplied to the AGENCY
by the CONSULTANT.
Form 190-016 Revised Oct 2001 Page 34 of 36 TIB
KPFF Consulting Engineers
Client: City of Bremerton
Project: East 11th Street and Perry Avenue Complete Streets Improvement Project
Job No.:
Consultant Fee Determination
SALARY COST
Job Classification Hours All-Inclusive Rate Amount
Principal 32 $195.22 $6,247.04
Project Manager 152 $168.00 $25,536.00
Senior Engineer III 246 $173.60 $42,705.60
Senior Engineer II 182 $162.65 $29,602.30
Engineer II 408 $105.00 $42,840.00
Engineer I 828 $90.00 $74,520.00
CAD Lead 188 $115.00 $21,620.00
CAD Drafter 534 $70.00 $37,380.00
Project Coordinator 88 $85.00 $7,480.00
Subtotal: 2,658 Total Cost: $287,930.34
ALL-INCLUSIVE SUBCONSULTANTS
Hough Beck & Baird Illumination $88,256
Lin & Associates Survey $37,232
HWA GeoSciences Geotechnical Engineering $42,990
Cultural Resource Consultants Cultural Resource Services $3,157
HDR Illumination $24,941
Total Subconsultants: $196,576
PRIME REIMBURSABLES
Vehicle & Ferry Reimbursables 1 Lump Sum Unit $500.00
Reproduction Costs 1 Lump Sum Unit $250.00
Misc. Minor Reimbursables 1 Lump Sum Unit $250.00
SUBTOTAL (SALARY, SUBCONSULTANTS AND EXPENSES): $485,567.11
MANAGEMENT RESERVE FUND (10% of Subtotal): $48,556.71
TOTAL ESTIMATED BUDGET: $534,123.82
Fee ProposalEast 11th & PerryKPFF Consulting Engineers and SubconsultantsDescriptionKPFF(Civil)Cultural Resource ConsultantsHough Beck & BairdHDRHWA GeoSciencesRES Group NWLin & AssociatesTotal CostTask 1Project Management $ 19,636.24 $ - $ 5,685.36 $ - $- $ - $ - 25,321.60$ 1.1Contract Admin $ 6,760.00 -$ 2,059.08$ -$ -$-$ -$8,819.08$ 1.2Project Management Plan $ 1,684.00 -$ -$-$ -$-$ -$1,684.00$ 1.3Subconsultant Management $ 2,410.44 -$ -$-$ -$-$ -$2,410.44$ 1.4Coordination Meetings $ 8,781.80 -$ 3,626.28$ -$ -$-$ -$12,408.08$ Task 2 Data Collection $ 3,860.80 $ - $ 1,036.48 $ - $- $ - $ 28,087.49 32,984.77$ 2.1Data Collection $ 3,524.80 -$ 1,036.48$ -$ -$-$ -$4,561.28$ 2.2Survey $ 336.00 -$ -$-$ -$-$ 28,087.49$ 28,423.49$ Task 3 Public Involvement Support $ 7,548.80 $ - $ 26,722.72 $ - $- $ - $ - 34,271.52$ 3.1Public Walking Tour $ 2,732.80 -$ 2,878.80$ -$ -$-$ -$5,611.60$ 3.2Public Outreach Meetings & Support $ 2,732.80 -$ 18,297.60$ -$ -$-$ -$21,030.40$ 3.3Online Open House & Website Support $ - -$ 4,595.98$ -$ -$-$ -$4,595.98$ 3.4Face to Face Outreach $ 2,083.20 -$ 950.34$ -$ -$-$ -$3,033.54$ Task 4 PS&E Design $ 236,074.70 $ - $ 52,375.16 $ - $- $ - $ - 288,449.86$ 4.1Basis of Design $ 2,390.10 -$ 1,519.96$ -$ -$-$ -$3,910.06$ 4.2PS&E $ - -$ -$-$ -$-$ -$-$ 4.2.1General Plans $ 6,184.84 -$ -$-$ -$-$ -$6,184.84$ 4.2.2Right of Way Plans $ 14,579.24 -$ -$-$ -$-$ -$14,579.24$ 4.2.3Site Prep/TESC and Franchise Utility Plan $ 17,779.24 -$ -$-$ -$-$ -$17,779.24$ 4.2.4Roadway Plans $ 53,712.04 -$ -$-$ -$-$ -$53,712.04$ 4.2.5Intersection Plan $ 13,459.24 -$ -$-$ -$-$ -$13,459.24$ 4.2.6ADA Ramp Details $ 28,594.48 -$ 633.56$ -$ -$-$ -$29,228.04$ 4.2.7Underground Utility Cost Study $ 5,234.40 -$ -$-$ -$-$ -$5,234.40$ 4.2.8Channelization & Signage Plans $ 14,179.24 -$ 633.56$ -$ -$-$ -$14,812.80$ 4.2.9Traffic Control Plans $ 5,228.80 -$ -$-$ -$-$ -$5,228.80$ 4.2.10Stormwater Report $ 10,806.44 -$ -$-$ -$-$ -$10,806.44$ 4.2.11Stormwater Plans $ 16,639.44 -$ -$-$ -$-$ -$16,639.44$ 4.2.12LID Stormwater Elements $ 12,449.44 -$ 639.10$ -$ -$-$ -$13,088.54$ 4.2.13Water Plan $ 10,579.24 -$ -$-$ -$-$ -$10,579.24$ 4.2.14Lighting Plans $ - -$ 1,036.48$ -$ -$-$ -$1,036.48$ 4.2.15Landscape & Urban Design $ - -$ 37,467.46$ -$ -$-$ -$37,467.46$ 4.2.16Structural Engineering $ - -$ -$-$ -$-$ -$-$ 4.2.17Engineer's Estimate $ 6,530.00 -$ 4,340.22$ -$ -$-$ -$10,870.22$ 4.2.18Specifications $ 8,203.64 -$ 3,059.32$ -$ -$-$ -$11,262.96$ March-19Page 1 of 2
Fee ProposalEast 11th & PerryKPFF Consulting Engineers and SubconsultantsDescriptionKPFF(Civil)Cultural Resource ConsultantsHough Beck & BairdHDRHWA GeoSciencesRES Group NWLin & AssociatesTotal CostMarch-194.2.19QA/QC $ 6,720.00 -$ 3,045.50$ -$ -$-$ -$9,765.50$ 4.2.20Deviation Documentation $ 2,804.88 -$ -$-$ -$-$ -$2,804.88$ Task 5 Right-of-Way $ 7,240.00 $ - $- $ - $- $ - $ - 7,240.00$ 5.1Temporary Construction Rights of Entry $ 7,240.00 -$ -$-$ -$-$ -$7,240.00$ 5.2Acquisition Services $ - -$ -$-$ -$-$ -$-$ Task 6 Support Tasks $ 13,570.40 $ 3,070.48 $ 1,036.48 $ - $ 35,130.00 $ - $ - 52,807.36$ 6.1Utility Relocation Support $ 12,226.40 -$ -$-$ -$-$ -$12,226.40$ 6.2Geotechnical Engineering $ - -$ -$-$ 35,130.00$ -$ -$35,130.00$ 6.3Cultural Resource Services $ - 3,070.48$ -$-$ -$-$ -$3,070.48$ 6.4Bid Support Services $ 1,344.00 -$ 1,036.48$ -$ -$-$ -$2,380.48$ Task 7 Construction Management - DSDC $ - $ - $- $ - $- $ - $ - -$ 7.1Design Services During Construction $ - -$ -$-$ -$-$ -$-$ 7.2Construction Management $ - -$ -$-$ -$-$ -$-$ 287,930.94$ 3,070.48$ 86,856.20$ -$ 35,130.00$ -$ 28,087.49$ 441,075.11$ Reimbursable Costs by Firm1,000.00$ 87.00$ 1,400.00$ 25,000.00$ 7,860.00$ -$ 9,145.00$ 44,492.00$ Subtotal288,930.94$ 3,157.48$ 88,256.20$ 25,000.00$ 42,990.00$ -$ 37,232.49$ 485,567.11$ Management Reserve @ 10%48,556.71$ Total Estimated Budget534,123.82$ Total Labor Cost by FirmPage 2 of 2
Form 190-016 Revised Oct 2001 Page 35 of 36 TIB
EXHIBIT F-1
Payment Upon Termination of Agreement
by the Agency Other than for Fault of the Consultant
(Refer to Agreement, Section IX)
Lump Sum Contracts
A final payment shall be made to the CONSULTANT which when added to any payments previously made
shall total the same percentage of the Lump Sum Amount as the work completed at the time of termination is
to the total work required for the PROJECT. In addition, the CONSULTANT shall be paid for any authorized
extra work completed.
Cost Plus Fixed Fee Contracts
A final payment shall be made to the CONSULTANT which when added to any payments previously made,
shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of
termination is to the total work required for the PROJECT. In addition, the CONSULTANT shall be paid for any
authorized extra work completed.
Specific Rates of Pay Contracts
A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this
AGREEMENT plus and direct nonsalary costs incurred at the time of termination of this AGREEMENT.
Cost Per Unit of Work Contracts
A final payment shall be made to the CONSULTANT for actual units of work completed at the time of
termination of this AGREEMENT.
Form 190-016 Revised Oct 2001 Page 36 of 36 TIB
EXHIBIT G-1
Subcontracted Work
The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT:
Cultural Resource Consultants: Cultural Resource Services
Hough Beck & Baird: Urban Design and Outreach
HDR: Illumination
HWA GeoSciences: Geotechnical Engineering
Lin & Associates: Survey
RES Group NW: Right-of-Way
From:Lori Smith on behalf of City Council
To:City Council
Cc:Greg Wheeler; James Burchett
Subject:City Journal Magazine - Seattle Under Siege
Date:Wednesday, March 27, 2019 4:57:10 PM
Attachments:image001.png
Attn: Council Members
Police Chief James Burchett has recommended the following article found on this link; or see the
copy below: https://www.city-journal.org/seattle-homelessness
FROM THE MAGAZINE
Seattle Under Siege
Record numbers of homeless people are occupying the city’s public spaces, despite
massive government spending to fight the problem.
Christopher F. Rufo - Autumn 2018
Seattle is under siege. Over the past five years, the Emerald City has seen an
explosion of homelessness, crime, and addiction. In its 2017 point-in-time count of
the homeless, King County social-services agency All Home found 11,643 people
sleeping in tents, cars, and emergency shelters. Property crime has risen to a rate
two and a half times higher than Los Angeles’s and four times higher than New
York City’s. Cleanup crews pick up tens of thousands of dirty needles from city
streets and parks every year.
At the same time, according to the Puget Sound Business Journal, the Seattle metro
area spends more than $1 billion fighting homelessness every year. That’s nearly
$100,000 for every homeless man, woman, and child in King County, yet the crisis
seems only to have deepened, with more addiction, more crime, and more tent
encampments in residential neighborhoods. By any measure, the city’s efforts are
not working.
Over the past year, I’ve spent time at city council meetings, political rallies,
homeless encampments, and rehabilitation facilities, trying to understand how the
government can spend so much money with so little effect. While most of the
debate has focused on tactical policy questions (Build more shelters? Open
supervised injection sites?), the real battle isn’t being waged in the tents, under the
bridges, or in the corridors of City Hall but in the realm of ideas, where, for now,
four ideological power centers frame Seattle’s homelessness debate. I’ll identify
them as the socialists, the compassion brigades, the homeless-industrial complex,
and the addiction evangelists. Together, they have dominated the local policy
discussion, diverted hundreds of millions of dollars toward favored projects, and
converted many well-intentioned voters to the politics of unlimited compassion. If
we want to break through the failed status quo on homelessness in places like
Seattle—and in Portland, San Francisco, and Los Angeles, too—we must first map
the ideological battlefield, identify the flaws in our current policies, and rethink our
assumptions.Seattle has long been known as one of America’s most liberal locales, but in recent
years, the city has marched even further left as socialists, once relegated to the
margins, have declared war on the Democratic establishment. Socialist Alternative
city councilwoman Kshama Sawant claims that the city’s homelessness crisis is the
inevitable result of the Amazon boom, greedy landlords, and rapidly increasing
rents. As she told Street Roots News: “The explosion of the homelessness crisis is a
symptom of how deeply dysfunctional capitalism is and also how much worse
living standards have gotten with the last several decades.” The capitalists of
Amazon, Starbucks, Microsoft, and Boeing, in her Marxian optic, generate
enormous wealth for themselves, drive up housing prices, and push the working
class toward poverty and despair—and, too often, onto the streets.
On the surface, this argument has its own internal logic. Advocates point to Zillow
and McKinsey studies that show a high correlation between rent hikes and
homelessness in Seattle, for example. But correlation is not causation, and the
survey data paint a remarkably different picture. According to King County’s point-
in-time study, only 6 percent of homeless people surveyed cited “could not afford
rent increase” as the precipitating cause of their situation, pointing instead to a wide
range of other problems—domestic violence, incarceration, mental illness, family
conflict, medical conditions, breakups, eviction, addiction, and job loss—as bigger
factors. Further, while the Zillow study did find correlation between rising rents and
homelessness in four major markets—Seattle, Los Angeles, New York, and
Washington, D.C.—it also found that homelessness decreased despite rising rents
in Houston, Tampa, Chicago, Phoenix, St. Louis, San Diego, Portland, Detroit,
Baltimore, Atlanta, Charlotte, and Riverside. Rent increases are a real burden for
the working poor, but the evidence suggests that higher rents alone don’t push
people onto the streets.
Even in a pricey city like Seattle, most working- and middle-class residents respond
to economic incentives in logical ways: relocating to less expensive neighborhoods,
downsizing to smaller apartments, taking in roommates, moving in with family, or
leaving the city altogether. King County is home to more than 1 million residents
earning below the median income, and 99 percent of them manage to find a place to
live and pay the rent on time. The aggregate-level analyses from Zillow and
McKinsey don’t take into account the vast number of options available even to the
poorest families; for the socialists, “the rent is too damn high” explains everything.
Using homelessness as a symbol of “capitalism’s moral failure,” the socialists hope
to build support for their agenda of rent control, public housing, minimum-wage
hikes, and punitive corporate taxation. One might dismiss Sawant as cartoonish, but
she has been remarkably successful in stoking resentment against “Amazon tech
bros” and building public support for punishing the “billionaire class” with new
taxes.
What the socialists won’t, or can’t, see is that their agenda cannot solve the
homelessness crisis. Even if the Sawant-championed “head tax” on big employers
had stayed in force—it was repealed in June—the city would have built, at most,
only 187 subsidized housing units per year, which means that it would take at least
60 years to provide housing for all those currently homeless. Sawant’s real passion,
it seems, is not to build houses for the poor but to tear down the houses of the rich.
When her ideas fail to usher in a socialist utopia, she’ll find new scapegoats—
corporations, real-estate developers, tech workers, police—and start over.
The stubborn reality is that Seattle is expensive. The local government should
encourage the creation of more affordable market-rate housing by increasing
density and changing zoning laws, but for those not employed full-time—and that
describes 92.5 percent of the homeless—it’s utopian to imagine that Seattle will
become the city of Housing for All. No matter how many promises the socialists
make, they will eventually run out of other people’s money. The scapegoats, silent
up to now, will start fighting back. And Amazon, the greatest wealth generator in
the city’s history, will simply leave town.
“What the socialists won’t, or can’t, see is that their
agenda cannot solve the homelessness crisis.”
The compassion brigades are the moral crusaders of homelessness policy, the
activists who put signs on their lawns that read: “In this house, we believe black
lives matter, women’s rights are human rights, no human is illegal,” and so on.
They see compassion as the highest virtue; all else must be subordinated to it. Their
Seattle political champion is City Councilman Mike O’Brien, a former chief
financial officer for the corporate law firm Stokes Lawrence, who made his name in
Seattle politics fighting to ban Yellow Pages deliveries and build a bike lane
through a working shipyard in the Ballard neighborhood. In recent years, O’Brien
has become a leader in the campaign to legalize homelessness throughout the city.
He has proposed ordinances to legalize street camping on 167 miles of public
sidewalks, permit RV camping on city streets, and prevent the city’s homeless
Navigation Teams (made up of cops and outreach workers) from cleaning up tent
cities.
O’Brien and his supporters have constructed an elaborate political vocabulary about
the homeless, elevating three key myths to the status of conventional wisdom. The
first is that many of the homeless are holding down jobs but can’t get ahead. “I’ve
got thousands of homeless people that actually are working and just can’t afford
housing,” O’Brien told the Denver Post. But according to King County’s own
survey data, only 7.5 percent of the homeless report working full-time, despite
record-low unemployment, record job growth, and a record-high $15 Seattle
minimum wage. The reality, obvious to anyone who spends any time in tent cities
or emergency shelters, is that 80 percent of the homeless suffer from drug and
alcohol addiction and 30 percent suffer from serious mental illness, including
bipolar disorder and schizophrenia.
The second key myth is that the homeless are “our neighbors,” native to Seattle.
Progressive publications like The Stranger insist that “most people experiencing
homelessness in Seattle were already here when they became homeless.” This
assertion, too, clashes with empirical evidence. More than half of Seattle’s homeless
come from outside the city limits, according to the city’s own data. Even this
number might be vastly inflated, as the survey asks only “where respondents were
living at the time they most recently became homeless”—so, for example, a person
could move to Seattle, check into a motel for a week, and then start living on the
streets and be considered “from Seattle.” More rigorous academic studies in San
Francisco and Vancouver suggest that 40 percent to 50 percent of the homeless
moved to those cities for their permissive culture and generous services. There’s no
reason to believe that Seattle is different on this score.
The third myth: O’Brien and his allies argue that the street homeless want help but
that there aren’t enough services. Once again, county data contradict their claims:
63 percent of the street homeless refuse shelter when offered it by the city’s
Navigation Teams, claiming that “there are too many rules” (39.5 percent) or that
“they are too crowded” (32.6 percent). The recent story about a woman’s “tent
mansion” near the city’s Space Needle vividly illustrated how a contingent among
the homeless chooses to live in the streets. “We don’t want to change our lifestyle to
fit their requirements,” the woman told newscasters for a KIRO7 report, explaining
how she and her boyfriend moved from West Virginia to Seattle for the “liberal
vibe,” repeatedly refusing shelter. “We intend to stay here. This is the solution to
the homeless problem. We want autonomy, right here.”
The homeless mythology is not merely anti-factual; it’s also a textbook example of
what sociologists call pathological altruism, or “altruism in which attempts to
promote the welfare of others instead result in unanticipated harm,” as engineer
Barbara A. Oakley explains. The city’s compassion campaign has devolved into
permissiveness, enablement, crime, and disorder. Public complaints about homeless
encampments from the first three months of this year are an array of horrors: theft,
drugs, fighting, rape, murder, explosions, prostitution, assaults, needles, and feces.
Yet prosecutors have dropped thousands of misdemeanor cases, and police officers
are directed not to arrest people for “homelessness-related” offenses, including
theft, destruction of property, and drug crimes. As Scott Lindsay, the city’s former
top crime advisor, reported to former mayor Ed Murray: “The increase in street
disorder is largely a function of the fact that heroin, crack, and meth possession has
been largely legalized in the city over the past several years. The unintended
consequence of that social policy effort has been to make Seattle a much more
attractive place to buy and sell hard-core drugs.”
Yet the compassion advocates man the barricades whenever the city attempts to
clean up illegal tent encampments. In the Ravenna neighborhood, protesters holding
up a “Homeless Lives Matter” sign linked arms and tried to block police from
removing a tent city from a public park. Nothing is apparently more important to
the activists than their public display of compassion—certainly not the growing
number of depraved incidents at homeless encampments or involving homeless
people, including a mass shooting, a human immolation, a vicious rape, and a series
of stabbings. They shout down anyone who questions their narrative.With more than $1 billion spent on homelessness in Seattle every year, one should
keep in mind Vladimir Lenin’s famous question: Who stands to gain? In the world
of Seattle homelessness, the big “winners” are social-services providers like the
Seattle Housing and Resource Effort (SHARE), the Low Income Housing Institute
(LIHI), and the Downtown Emergency Service Center (DESC), which constitute
what I call the city’s homeless-industrial complex. For the executive leadership of
these organizations, homelessness is a lucrative business. In the most recent federal
filings, the executive director of LIHI, Sharon Lee, earned $187,209 in annual
compensation, putting her in the top 3 percent of income earners nationwide. In my
estimation, the executive director of DESC, Daniel Malone, has received at least $2
million in total compensation during his extended career in the misery business.
It wasn’t always this way. When I spoke with Eleanor Owen, one of the original
cofounders of DESC, she explained that the organization’s mission has shifted over
the years from helping the homeless to securing government contracts, maintaining
a $112 million real-estate portfolio, and paying a staff of nearly 900. “It’s
disgraceful,” she said. “When we started, we kept our costs low and helped people
get back on their feet. Now the question is: How can I collect another city contract?
How can I collect more Medicaid dollars? How can I collect more federal matching
funds? It’s more important to keep the staff paid than to actually help the poor
become self-sufficient.”
The deeper problem is that social policies have created a system of perverse
incentives. The social-services organizations get paid more when the problem gets
worse. When their policy ideas fail to deliver results, they repackage them, write a
proposal using the latest buzzwords, and return for more funding. Homelessness
might rise or fall, but the leaders of the homeless-industrial complex always get
paid.
Their latest scheme in Seattle is to build city-funded “tiny-house villages,” a
euphemism for semipermanent homeless tent cities subsidized by taxpayers.
Advocates have touted tiny houses as an alternative to illegal encampments, but the
results have been uninspiring. After the city opened a drug-friendly tiny-house
village in Licton Springs—costing taxpayers $720,000 a year—police reported a
221 percent increase in crimes and public disturbances. Neighbors have witnessed
an explosion of property destruction, violence, prostitution, and drug-dealing.
Even worse, SHARE, which runs the Licton Springs encampment, effectively uses
taxpayer money to lobby the city for more taxpayer money. SHARE operates the
encampments on a system of “participation credits,” apparently requiring residents
to attend political rallies, campaign events, and city council meetings. At last year’s
city income-tax hearing at the King County Superior Court, I spoke with a homeless
woman living in a SHARE encampment, who explained that if she did not show up
to the court proceeding, she would be kicked out of the camp for a week. (This is
likely illegal and may have contributed to interim mayor Tim Burgess’s decision to
cut the group’s funding.)
Ultimately, the homeless-industrial complex is a creation of public incentives,
constantly on the hunt for bigger contracts. Its new promise, Housing First—an old
promise, actually, since it dates back to 1988—is that the city can solve the
homelessness and cost-of-living crisis at once if it will fund enough new units of
subsidized housing. Advocates insist that the city can build “affordable housing”
not only for the homeless but also for everyone earning up to 80 percent of the
median income, which, in King County, amounts to more than 800,000 people. No
city can build its way out of either problem with subsidized housing, which, like
any other good, is subject to the laws of supply and demand. If apartments are made
available at below-market rents, demand for those units will always outstrip supply.
For every low-rent apartment that the city builds, another thousand people will be
standing in line, in perpetuity. New York has been building “affordable housing”
since 1934 and still has a wait list of 270,000 families.
Despite repeated warnings from Seattle’s own homelessness consultants, the city
and county governments continue to funnel hundreds of millions of dollars to low-
income housing developers and service providers, to no avail. Until policymakers
change the system of incentives, there will be no end to the cycle of waste and
corruption.What I call the addiction evangelists make up the final cohort of the city’s
homelessness power center. Their number includes the rebellious Ave Rats—the
homeless crowd on University Avenue—as well as gutter punks and opioid
migrants. In a sense, the addiction evangelists are the intellectual heirs of the 1960s
counterculture: whereas the beats and hippies rejected bourgeois values but largely
confined their efforts to culture—music, literature, photography, and poetry—the
addiction evangelists have a more audacious goal: to capture political power and
elevate addicts and street people into a protected class. They don’t want society
simply to accept their choices; they want society to pay for them.
Their leading proponent is Shilo Murphy, a heroin and cocaine addict who runs the
People’s Harm Reduction Alliance. His worldview can be summarized in a series of
T-shirts that he sports around town: “Proud to Be a Drug User,” “Nice People Take
Drugs,” and “Meth Pipes! Because Crack Pipes Are So Five Years Ago.” For
Murphy, the goal is not prevention, recovery, or rehabilitation—but normalization
of addiction and dedicated public funding for the consumption of heroin, meth, and
crack cocaine. “I have always enjoyed drugs, and they’ve always made my life
better,” he says. “I [see] drugs as not only a means to escape but a means to inspire
me for greatness.”
Incredibly, Murphy has become a player in Seattle politics. The city provides
funding for his organization, and King County has recruited him to serve on its
opioid task force. His unabashedly pro-addiction campaign is winning: he was one
of the key proponents for “safe-injection sites” and recently announced a new
heroin-on-wheels project, in which People’s Harm Reduction Alliance vans will
roam the city and help addicts shoot up, under a nurse’s supervision. While the
official philosophy of Murphy’s organization is “harm reduction,” the real goal
seems to be public support for addiction.
Harm reduction has had notable success in countries like Portugal and Switzerland,
but in North America, where national drug policy remains staunchly prohibitionist,
cities that practice the policy have become magnets for addiction, crime, and social
disorder. During the debate on public-injection sites last year, the addiction
evangelists often pointed to Vancouver, which has operated the Insite supervised-
consumption facility for over ten years. While Insite provides clean needles and
administers naloxone injections for overdoses, the evidence from a longitudinal
study of the Downtown Eastside neighborhood shows that the injection site and
concentration of social services have substantially increased the number of opioid
migrants moving to the city. According to the study, between 2006 and 2016, the
number of homeless individuals from outside Vancouver rose from 17 percent to 52
percent of the total homeless population. “Migration into urban regions with a high
concentration of services may not necessarily lead to effective pathways to
recovery,” the study concludes. Indeed, since the Insite facility opened, crime in the
neighborhood has increased and homelessness has nearly doubled; no reduction in
addiction has occurred.
“What I call the addiction evangelists includes the
rebellious Ave Rats—the homeless crowd on
University Ave.”
The question almost never asked about harm reduction is: Harm reduction for
whom?Whatever help they might offer addicts, public-consumption sites do
tremendous damage to businesses, residents, and cities at large. When I visited
Vancouver and drove down Hastings Street, where the Insite facility is located, it
looked like an apocalyptic future vision of Seattle—a public-health nightmare, with
hundreds of addicts lining the sidewalks, yelling, and shooting up behind
Dumpsters.
In Seattle, the influx has already begun. According to survey data, approximately
9.5 percent of the city’s homeless say that they came “for legal marijuana,” 15.4
percent came “to access homeless services,” and 15.7 percent were “traveling or
visiting” the region and decided that it was a good place to set up camp. As the city
builds out its addiction infrastructure and focuses social services in the downtown
core, the problem will intensify. Even King County’s former homelessness czar
admits that the city’s policies have a “magnet effect.”
Yet the addiction evangelists are making gains. More than 70,000 residents signed a
ballot initiative to ban safe-injection sites countywide, but legal and public-health
officials threw the measure out in court, declaring that “public health policy is not
subject to veto by citizen initiative.” It’s a strange new world, where addicts and
vagrants are the good guys and Amazon engineers and sober neighbors are the
villains.In 2005, the top experts in Seattle and King County government formed the
Committee to End Homelessness and launched a ten-year plan to eliminate the
problem in metro Seattle. The plan has clearly proved a dismal failure. “We’re
spending lots of money trying things out and are finding what’s not working,”
Seattle’s current homelessness czar puts it, with wry understatement.
Unfortunately, Adrienne Quinn, the new boss of the Committee to End
Homelessness—which has since rebranded itself as All Home—is even worse than
the old boss. In an op-ed in the Seattle Times, she lays out her plan to “address the
root causes of homelessness” by solving “racism,” “wage inequity,” “climate
change,” “housing costs,” “public transportation,” “green building,” “sanctuary
[cities],” the “child-welfare system,” “brain injuries,” and “mental-health and
addiction services.” This, not surprisingly, requires lots more money.
Councilwoman Sawant claims that the city needs another $75 million a year to
solve the crisis. McKinsey puts the figure at $400 million. But no amount of money
will make any difference until we correctly diagnose the problem and focus on
practical solutions, not utopian dreams.
The problem is not Seattle’s alone: the United States generally remains in denial
about the reality of homelessness. While ideologues denounce various villains who
“cause” homelessness—capitalists, landlords, racists, computer programmers—the
reality is that homelessness is a product of disaffiliation. For the past 70 years,
sociologists, political scientists, and theologians have documented the slow
atomization of society. As family and community bonds weaken, our most
vulnerable citizens fall victim to the addiction, mental illness, isolation, poverty,
and despair that almost always precipitate the final slide into homelessness. Alice
Baum and Donald Burnes, who wrote the definitive book on homelessness in the
early 1990s, put it this way:
Homelessness is a condition of disengagement from ordinary society—from family,
friends, neighborhood, church, and community. . . . Poor people who have family
ties, teenaged mothers who have support systems, mentally ill individuals who are
able to maintain social and family relationships, alcoholics who are still connected
to their friends and jobs, even drug addicts who manage to remain part of their
community do not become homeless. Homelessness occurs when people no longer
have relationships; they have drifted into isolation, often running away from the
support networks they could count on in the past.
The best way to prevent homelessness isn’t to build new apartment complexes or
pass new tax levies but to rebuild the family, community, and social bonds that once
held communities together. As Richard McAdams, a recovered addict and current
outreach worker for the Union Gospel Mission, told me: “There are 6,000 people on
the streets in Seattle. I know 3,000 of them by name and know their stories. It’s not
a resource issue in this city, it’s a relational issue. The biggest problem is broken
relationships.”
In the near term, cities like Seattle, Portland, San Francisco, and Los Angeles must
shift toward a stance of realism, which means acknowledging that compassion
without limit is a road to disaster. Homelessness should be seen not as a problem to
be solved but one to be contained. Cities must stop ceding their parks, schools, and
sidewalks to homeless encampments. And Seattle, in particular, must stop spending
nearly $1 billion a year to “solve homelessness” without clear accountability and
visible results.
Representing homelessness as a symbol of capitalism’s failure, Seattle’s
progressives are trying to build support for a social-justice agenda. (DARIN
ROGERS / ALAMY STOCK PHOTO)
Encouragingly, citizens and local governments all along the West Coast are starting
to demand an end to the policy of unlimited compassion. Fed-up neighbors recently
confronted Councilman O’Brien at a town hall in Green Lake, and members of the
Iron Workers Local 86 shouted down Sawant at a political rally in front of the
Amazon Spheres. Even in hyper-progressive San Francisco, Mayor Mark Farrell
(before he was succeeded in that office by London Breed) announced a dramatic
change in the city’s understanding of street homelessness: “We have moved as a
city from a position of compassion to enabling street behavior. We have offered
services time and time again and gotten many off the streets, but there is a resistant
population that remains, and their tents have to go. Enough is enough.”
In Seattle, Mayor Jenny Durkan, who made her reputation as a federal prosecutor, is
faced with a clear choice: appease the compassion brigades and the homeless-
industrial complex, or break free from the status quo and take decisive action to
address the crisis. If she can summon the political will, Durkan can implement some
emergency measures that will dramatically reduce the social disorder associated
with street homelessness. For examples, she can look to other cities that have shown
that homelessness can be contained with smart, tough policies.
In San Diego, for instance, city officials and the private sector worked together to
build three barracks-style shelters that house nearly 1,000 people for only $4.5
million. They’ve moved 700 individuals off the streets and into the emergency
shelter, allowing the police and city crews to remove and clean up illegal
encampments. In Seattle, the mayor should petition the private sector for donations
to build similar emergency shelter facilities, construct them on vacant city property
in the industrial district, and run a dedicated free bus line from the shelters to the
downtown core so that residents can access additional services and eventually find
work.
In Houston, local leaders have reduced homelessness by 60 percent through a
combination of providing services and enforcing a zero-tolerance policy for street
camping, panhandling, trespassing, and property crimes. Seattle’s police department
and Navigation Teams must be given the authority to enforce the law and put an
end to rampant street camping. There’s nothing compassionate about letting addicts,
the mentally ill, and the poor die in the streets. The first order of business must be to
clean up public spaces, move people into shelters, and maintain public order.
Seattle and King County currently spend nearly $460 million a year on addiction
and mental-health services, plus another $119 million a year on medical services
specifically for the homeless—more than enough money to provide basic services
for all the homeless who want them. With a secure emergency shelter system like
that in San Diego, the county and city governments can reroute existing resources
and “flood the zone” with on-site treatment options for the homeless. For addiction
services, we should prioritize recovery programs and terminate policies like safe-
injection sites that draw addicts from other cities.
Seattle must break up its homeless-industrial complex, too. Last year, interim mayor
Burgess took a first step in rebidding city contracts and cutting funding for
ineffective organizations like SHARE. Mayor Durkan should build on this success,
reforming the system of perverse incentives and instituting accountability for all
organizations getting taxpayer funds. Outcomes, not quantity of services, should
take precedence; funding should taper off as the crisis subsides, not continue in
perpetuity.Ultimately, the success or failure of local government is a back-to-basics
proposition: Are the streets clean? Are the neighborhoods safe? Are people able to
live, work, and raise their families in a flourishing environment? We have the
resources to contain the homelessness crisis, in Seattle and elsewhere. The question
is whether political leaders will have the courage to act.
Christopher F. Rufo is executive director for the Documentary Foundation
and a research fellow at the Discovery Institute’s Center for Wealth &
Poverty. He has directed three documentaries for PBS, and his next
film, America Lost, tells the story of life in three of America’s forgotten
cities.