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HomeMy WebLinkAbout04/03/2019 AGENDA PACKET______________________________________________________________ CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 - Phone (360) 473-5280 APRIL 3, 2019 CITY COUNCIL MEETING AGENDA 1.BRIEFING: 5:00 – 5:30 P.M. in COUNCIL CONFERENCE ROOM 603 A. Review of Agenda B. General Council Business 2.CALL TO ORDER: 5:30 P.M. in FIRST FLOOR CHAMBERS A. Pledge of Allegiance B. Invocation 3.MAYOR'S REPORT 4.PUBLIC RECOGNITION 5.CONSENT AGENDA A.Claims & Check Register B.Minutes of Meeting – March 20, 2019 C.Minutes of Study Session – March 27, 2019 D.Easement to Puget Sound Energy, Inc. for Telecommunications Tower at Forest Ridge Park E.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 6.GENERAL BUSINESS – There are no General Business items tonight... 7.COUNCIL MEMBER REPORTS 8.ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations please contact the City Clerk at (360) 473-5323 at least 24 hours prior to the meeting. FORCEMAIN BREAK SUMMARY April 3, 2019 Background The Southwest Bremerton Residential Sewer Project was constructed in 2009 to provide sewer service from proposed development in the vicinity of Anderson Hill Road. The project constructed pump station SB1 along with 8-in and 10-in diameter force main (FM) from Anderson Hill Road to the City’s wastewater treatment plant, see attached detail. The FM was constructed using a combination of methods including horizontal directional drilling, slip-line within an abandoned watermain, and direct bury. Pump Stations SB3 and SB4 were constructed in 2010 with the Gorst Sewer Project (a separate project) using ARRA funding. Concern with the Pipe PVC and HDPE pipe were bid as alternates, and the contractor selected PVC. The specifications identified a maximum “dimension ratio” (DR) which is the calculation of outside diameter divided by pipe wall thickness. The specified DR was 18, so for a nominal 10-inch diameter pipe the minimum wall thickness would be about 0.56-inches. The approved submittal was for Schedule 40 pipe which has a minimum wall thickness of 0.365-inches. The pipe thickness issue was not identified by City staff until the pipe was on-site and being installed. Concerns over the lesser pipe thickness were voiced immediately; however, the pipe was ultimately accepted. March 28, 2019 Incident Three pump stations pump into the SW Bremerton FM. Due to the nature of centrifugal pumps, the flowrates from each pump station are affected when other pump stations are operating. On March 28th operations and engineering staff were operating the three pump stations in “hand” mode while monitoring flow and discharge pressures in the system in an effort to improve system performance. At one point, a check valve at pump station SB4 was opened which drained flow from the FM into the SB4 wet well and created a low pressure condition in the FM. While it is not known, this may have also caused air to enter the FM. While this was occurring, Pump Station SB1 was turned on and given the low downstream pressure, flow from this pump station was significantly higher than normal. This high flow velocity coupled with the non-typical system pressure, and potentially air, in the FM created a condition called “water hammer” which damaged a portion of the FM adjacent to pump station SB1. This damaged pipe was installed inside an 800- ft long section of casing. Video inspection shows the pipe exhibits cracks adjacent to the pump station, with the evidence of damage increasing downstream. At approximately 90-feet downstream of the pump station the pipe is essentially shattered. Current Status and Next Steps Sewage from SB1 is currently being transported via tanker for disposal. Service to customers has been uninterrupted, and there have been no sanitary sewer overflows. Due to proximity adjacent to SR16, WSDOT requires all work impacting traffic to be completed at night. Pape & Sons Construction is under contract and has been working since Monday night (3/31/19.) Last night the FM was uncovered at the far end of the 800-ft long casing, and through video inspection the downstream pipe appears intact. A temporary bypass system is being installed and will be put on-line once a pressure test is completed. Operation of the bypass will eliminate the tanker operation. Installation of the replacement pipe is scheduled for tomorrow night, with final connections completed immediately thereafter. To minimize the potential for this condition recurring, staff will look at physical and operational changes to the pumping operations of this system. Current considerations include a revisit of the transient analysis completed in 2010, modifications to pump start protocols, continuous pressure monitoring in the FM, modification to the pumps themselves and installation of additional surge tanks. PROCLAMATION WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce life-giving oxygen, and provide habitat for wildlife; and WHEREAS, trees in our City increase property values, enhance the economic vitality of business areas, and beautify our community; and WHEREAS, Bremerton has been named a Tree City USA by the National Arbor Foundation for the 23rd straight year; and WHEREAS, in honor of Arbor Day, our Parks & Recreation Department and City Tree Committee is presenting a Program at Kiwanis Park, at 1705 5th Street on Saturday, April 27 celebrating trees and extolling their attributes; NOW, THEREFORE, the City of Bremerton does hereby proclaim the month of April 2019 as the celebration of ARBOR DAY in the City of Bremerton and I urge all citizens to celebrate Arbor Day and support our efforts to protect our trees and woodlands. SIGNED this 3rd day of April, 2019. Greg Wheeler, Mayor ANNUAL ARBOR DAY & EARTH DAY CELEBRATION Proclamation, Tree Planting, and Earth Day activities Saturday, April 27 10 AM @ Kiwanis Park Call 360-473-5305 for more information. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: N/A Claims & Check Register COUNCIL MEETING Date: April 3, 2019 Department: Legal Services Presenter: Angela Woods Phone: (360) 473-5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1.Check Numbers 383720 through 383890 and Electronic Fund Transfers V19617 through V19669 in the grand total amount of $1,446,126.20 2.Regular, Corrections and Retro Pay for pay period ending March 15, 2019 in the amount of $848,644.44 3.Retiree Payroll for pay period ending March 31, 2019 in the amount of $53,990.02 ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: ☒Limited Presentation ☐Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐General Business ☐Public Hearing RECOMMENDED MOTION: Move to approve the consent agenda as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 5A AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Meeting – March 20, 2019 Study Session Date: N/A COUNCIL MEETING Date: April 3, 2019 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes of Meeting held on March 20, 2019 are attached. ATTACHMENTS: 1) Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ☒ N/A STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the March 20, 2019 Meeting Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 5B DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, March 20, 2019 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, March 20, 2019, at 5:00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, with Council President Eric Younger presiding. Council Members present were Richard Huddy, Michael Goodnow, Lori Wheat, Kevin Gorman, Leslie Daugs, and Pat Sullivan. Also present were City Attorney Roger Lubovich; City Clerk Angela Woods; Legislative Office Manager Lori Smith; and Dave Sorensen with Information Services. A COUNCIL BRIEFING was held to discuss General Council Business at 5:00 PM in the Council Conference Room. At 5:30 PM the meeting moved to the Meeting Chambers. The Pledge of Allegiance was led by Council Member Pat Sullivan followed by the invocation provided by Pastor Clint Collins of First Christian Church. MAYOR’S REPORT Mayor Wheeler…  Discussed plans to oppose the County’s interim zoning regulations that allow housing for high- risk Sexual Predators near neighborhoods in Bremerton; and therefore encouraged the Council and citizens to attend the upcoming Kitsap County Zoning Code Amendment Public Hearing to express your concerns on Monday, March 25 at 5:30 PM in the Commissioners Chambers at the Kitsap County Administration Building located in Port Orchard; and  Was pleased to report that many Utility Billing issues can soon be done on-line; and File Local to take care of tax and licensing issues such as renewing their business license or pay B&O Tax. PUBLIC RECOGNITION Alan Beam of the Bremerton Navy League announced the upcoming Washington State Science & Engineering Fair on March 29 & 30; added that volunteers are still urgently needed; and new this year would be shuttles running throughout the day for STEM activities at the Naval Museum. CONSENT AGENDA 5A – Claims & Check Register: Check Numbers 383525 through 383719, and EFT-V19558 through EFT-V19616 in the amount of $2,587,022.74; and Regular Payroll (Pay Outs & Corrections) for the pay period ending February 28, 2019 in the amount of $38,063.33 5B – Minutes of Meeting – March 6, 2019 5C – Minutes of Study Session – March 13, 2019 5D – Cooperative Service Agreement with U.S. Department of Agriculture (USDA) Animal & Plant Health Inspection Service Wildlife Services (APHIS-WS) Moved down to General Business as new Item 6A 5E – Purchase Agreement with Trebron Company, Inc. for Sophos Central Intercept X Ransom Ware Detection/Prevention Solution 5F – Professional Services Agreement with Parametrix for the SR303 Corridor Study 5G – Amendment No. 3 to the Goods & Services Agreement with Cintas Fire Protection for Fire Extinguisher Equipment Services 5H – Ingress and Egress Easement to City property accessed from Elizabeth Avenue There were no questions or comments from the public… City Council Reg. Mtg. Minutes Wednesday, March 20, 2019 Page 2 of 4 05:46:00 M/S/C/U (Gorman/Daugs) Move to approve the CONSENT AGENDA as presented. GENERAL BUSINESS 6A – COOPERATIVE SERVICE AGREEMENT WITH THE U.S. DEPARTMENT OF AGRICULTURE (USDA) ANIMAL & PLANT HEALTH INSPECTION SERVICE WILDLIFE SERVICES (APHIS-WS): Contract Administrator Melinda Monroe explained that beginning in 2014 and according to Bremerton Municipal Code 7.15 and Ordinance No. 5243, the City of Bremerton maintains a Service Agreement with the USDA APHIS-Wildlife Services for the control of raccoons and nuisance wildlife. The current agreement expires March 31, 2019, so APHIS Wildlife Services proposes a 5-year agreement for a total cost of $20,505, and an annual disbursement of $4,101. The U.S. Department of Agriculture will continue to conduct wildlife damage management activities to control raccoons residing in and around the City of Bremerton in order to reduce human health, safety threats, and property damage. Also introduced was Wildlife Services District Supervisor in Poulsbo Brook Zscheile to add additional details and to answer questions. There were no questions or comments from the public… 05:45:00 Main Motion was made by Daugs; and seconded by Sullivan… 05:47:45 Amending-Motion was made by Wheat; and seconded by Huddy… Comments and questions on the Amending Motion were provided by Wheat, Huddy, Daugs, Sullivan, and Gorman; with responses provided by Mr. Zscheile… 06:16:00 Amending-M/S/F (Wheat/Huddy) Move to add language to the Work Plan/Financial Plan under “Plan of Action”, Objective No. 2 that states “body gripping traps are excluded”. Voted in favor of Amending-Motion: Wheat, Huddy Voted opposed to Amending-Motion: Daugs, Gorman, Goodnow, Sullivan and Younger Amending-Motion failed: 2-Yes; and 5-No 06:20:32 Main-M/S/C/U (Daugs/Sullivan) Move to approve the Cooperative Service Agreement between the City of Bremerton and the United States Department of Agriculture, Animal & Plant Health Inspection Service, Wildlife Services and the Work Plan/Financial Plan; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and condition as presented. Voted in favor of Main Motion: Gorman, Goodnow, Sullivan, Daugs, and Younger Voted opposed to Main Motion: Huddy and Wheat Main Motion carried: 5-Yes; and 2-No 6B – COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF BREMERTON AND TEAMSTERS LOCAL 589; AND MANAGEMENT & PROFESSIONAL EMPLOYEES SALARY SCHEDULES 2019 THROUGH 2021: Human Resources Manager Charlotte Belmore summarized that pursuant to RCW 41.56, negotiations have concluded between representatives of the City and the Teamsters Local 589 resulting in the attached Collective Bargaining Agreement for 2019 through 2021. The Collective Bargaining Agreement has been ratified by the Teamsters membership. Council approval is required to implement this agreement. This includes a 3% wage adjustment for 2019, 2.5% for 2020, and 2.5% for 2021. Per BMC 2.50.031, The City Council shall provide for adjustments to salary band levels of Management and Professional employees consistent with the Council’s CPI salary adjustment policy each year for the Teamsters employees. This would include a 3% wage adjustment for 2019, 2.5% for 2020, and 2.5% for 2021. City Council Reg. Mtg. Minutes Wednesday, March 20, 2019 Page 3 of 4 There were no questions or comments from the public… 06:22:22 Motion was made by Daugs; and seconded by Sullivan… Comments and questions were provided by Daugs, Huddy, Sullivan, Goodnow, and Younger; with responses provided by Ms. Belmore… 06:36:15 M/S/C (Daugs/Sullivan) Move to (1) approve the Collective Bargaining Agreement between the City of Bremerton and the Teamsters Local 589; (2) Approve the wage adjustments for Management and Professional Employees for 2019 through 2021; and further authorize the Mayor to finalize and execute the Collective Bargaining agreement with substantially the same terms and conditions as presented; and authorize the budget amendment in the amount of $401,422 to the 2019 budget. Voted in favor of Motion: Gorman, Wheat, Goodnow, Sullivan, Daugs, Younger Voted opposed to Motion: Huddy Motion carried: 6-Yes; and 1-No PUBLIC HEARING 7A – PUBLIC HEARING ON THE 2020 CDBG FUNDING PRIORITIES; AND RESOLUTION NO. 3317 TO ADOPT THE 2020 CDBG/HOME POLICY PLAN: CDBG Program Administrator Sarah Achaoui explained that the action before Council is adoption of the 2020 Policy Plan. The Policy Plan is a document which is updated yearly to set parameters for the management of the City’s HUD entitlement grant awards, and provide specific information about the policies and regulations for the use of HUD CDBG/HOME funds. This plan was released on February 20 for public comment, and to-date there have been no comments made. Ms. Achaoui used a Power Point presentation to share the accomplishments of the 2018 Program Year, the 2020 Policy Plan, and to announce important dates on the CDBG 2020 Program Year Calendar. President Younger opened the public hearing… With no comments received, President Younger closed the Hearing to the public; and opened for discussion with the Council…Comments were provided by Daugs… 06:44:35 M/S/C/U (Goodnow/Daugs) Move to approve Resolution No. 3317 adopting the 2020 CDBG/HOME Policy Plan. COUNCIL MEMBER REPORTS Richard Huddy referred to the KOMO 4 News special “Seattle is Dying” and said many constituents are pleading to not let a similar situation happen in the City of Bremerton; thanked the Parks Department for their work in growing the flowers that will be used in the flower baskets for display downtown, in Manette, and on Callow Avenue; and looked forward to being a judge at the Washington State Science & Engineering Fair on March 29 and 30, and encouraged others to also volunteer. Lori Wheat invited volunteers to the next Kiwanis Park Work Party on Saturday, March 23 from 9:00 to 11:00 AM; and encouraged citizens to attend the 26th Legislative District Town Hall Meeting hosted by Senator Emily Randall also on Saturday, at 9:00 AM in the Olympic College Theater. Leslie Daugs announced the “LFO Reconsideration Day” on Wednesday, April 10 from 8:30 AM to 3:30 PM at the Kitsap County Courthouse where legal assistance will be available to request relief from debt caused by criminal fines; the “Lifting Spirits Fundraiser” to benefit community projects on Friday, April 12 from 6:00 to 10:00 PM at the Marvin Williams Recreation Center; encouraged people City Council Reg. Mtg. Minutes Wednesday, March 20, 2019 Page 4 of 4 to support Kitsap Community Resources during the next “Kitsap Great Give” on April 23; also encouraged citizens to volunteer as a Judge at the Washington State Science & Engineering Fair on March 29 & 30; and announced a 23rd Legislative District Town Hall Meeting also on Saturday, March 23 from 10:00 to 11:30 AM in the Commons at Olympic High School with Senator Christine Rolfes, and Representatives Sherry Appleton and Drew Hansen. Pat Sullivan also watched the KOMO 4 segment “Seattle is Dying”, but believes it did not go far enough to address that a person needs to have to make their own decision to want the help needed to beat their addictions. She stated it also did not go far enough to discuss another obstacle created when the Courts ruled that enforcement of trespassing for those who set up temporary housing such as tents on private property can be determined as “cruel and unusual punishment”. President Younger was most compelled by the police officers who expressed their frustration with the system while watching the KOMO 4 segment “Seattle is Dying”, and challenged all of his fellow Council Members to also view the segment so that a discussion can be held on these issues at a future Study Session. With no further business, President Younger adjourned the Council Meeting at 7:00 PM. Prepared and Submitted by: ______________________________ LORI SMITH Legislative Office Manager APPROVED by the City Council on the 3rd day of April, 2019. ________________________________________ ERIC YOUNGER, City Council President Attest: ________________________________________ ANGELA WOODS, City Clerk EY:AW:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Study Session – March 27, 2019 Study Session Date: N/A COUNCIL MEETING Date: April 3, 2019 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes of Meeting held on March 20, 2019 are attached. ATTACHMENTS: 1) Study Session Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ☒ N/A STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the March 27, 2019 Study Session Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 5C DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES Wednesday, March 27, 2019 A Study Session of the City Council of the City of Bremerton was called to order in the Council Conference Room of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, Wednesday, March 27, 2019, at 5:00 PM, with Council President Eric Younger presiding. Council Members present were Richard Huddy, Michael Goodnow, Lori Wheat, Kevin Gorman, Leslie Daugs, and Pat Sullivan. Legislative Office Manager Lori Smith was present to provide staff support. President Younger emphasized that the Study Session was open to the public, but there would be no opportunities for input or participation; and announced that approved items by Council will be placed on the April 3, 2019 Council Meeting Agenda or as indicated. A. BRIEFINGS ON AGENDA ITEMS 1. Easement to Puget Sound Energy, Inc. for Telecommunications Tower at Forest Ridge Park Consent Agenda 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 Consent Agenda B. GENERAL COUNCIL BUSINESS o Discussion on "Public Safety Priorities for the City of Bremerton" with Mayor Greg Wheeler, along with Police Chief Jim Burchett – Council President Eric Younger o Public Works Committee Briefing (3/19/19 Meeting) – Chair Kevin Gorman o Finance, Investment, and Parking Committee Briefing (3/25/19 Meeting) – Chair Michael Goodnow o Audit Committee Briefing (3/26/19 Meeting) – Chair Leslie Daugs o Other General Council Business was also discussed… With no further business, President Younger adjourned the Council Study Session at 7:10 PM. Prepared and Submitted by: ______________________________ LORI SMITH, Legislative Office Manager APPROVED by the City Council on the 3rd day of April, 2019. ______________________________ Eric Younger, Council President ATTEST: ______________________________ Angela Woods, City Clerk EY:AW:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: March 27, 2019 Easement to Puget Sound 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 (Updated…) 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 Puget Sound Energy, Inc. for a Telecommunications Tower at Forest Ridge Park; 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 5D OH UG Electric W O# 105083211 / RW-112790 / Not. 11493483 CITY OF BREMERTON Page 1 of 4 RETURN ADDRESS: Puget Sound Energy, Inc. Attn: ROW Department CEB 3130 S. 38th Street Tacoma, WA 98409 EASEMENT REFERENCE #: GRANTOR (Owner): CITY OF BREMERTON 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, 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 PARCEL OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO. 200511090002, RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THAT PORTION OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER AND THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, SITUATE IN SECTION 15, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON; EXCEPT THAT PORTION OF THE SAID EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER CONVEYED TO THE STATE OF WASHINGTON UNDER KITSAP COUNTY AUDITOR FILE NO. 9607300048, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 15; THENCE NORTH 1°22'19" EAST 667.86 FEET ALONG THE CENTER SECTION LINE TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER, SOUTHWEST QUARTER, SOUTHEAST QUARTER OF SAID SECTION 15; THENCE SOUTH 88°56'5" EAST 331.84 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF SAID SOUTHWEST QUARTER AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER, SOUTH 88°56'05" EAST 257.87 FEET; THENCE SOUTH 1°23'14" WEST 475.25 FEET; THENCE NORTH 88°56'05" WEST 257.81 FEET; THENCE NORTH 1°22'47" EAST 475.25 FEET TO THE TRUE POINT OF BEGINNING; ALSO EXCEPT THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 15 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, ALSO BEING THE TRUE POINT OF BEGINNING; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER TO ITS INTERSECTION WITH THE SOUTHERLY RIGHT OF WAY OF 6TH STREET; THENCE CONTINUING ALONG SAID EAST LINE TO THE SOUTHWEST CORNER OF LOT 10, BLOCK 1 OF THE PLAT OF FIRST ADDITION TO CHARLESTON, OH UG Electric W O# 105083211 / RW-112790 / Not. 11493483 CITY OF BREMERTON Page 2 of 4 AS RECORDED IN VOLUME 4 IN THE BOOK OF PLATS, PAGE 057, RECORDS OF KITSAP COUNTY, WASHINGTON; THENCE LEAVING SAID EAST LINE NORTH 76°06'10" WEST 51.01 FEET; THENCE ON A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS NORTH 39°43'43" WEST 45.00 FEET AN ARC DISTANCE OF 183.67 FEET; THENCE SOUTH 14°07'42" WEST 5.00 FEET; THENCE NORTH 65°49'06" WEST 143.10 TO ITS INTERSECTION WITH A LINE PARALLEL TO THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER AND 200 FEET WESTERLY THEREOF; THENCE ALONG SAID PARALLEL LINE NORTH 1°22'14" EAST 150.00 FEET TO THE SAID SOUTHERLY RIGHT OF WAY OF 6TH STREET; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY TO THE TRUE POINT OF BEGINNING. Except as may be otherwise set forth herein PSE's rights shall be exercised upon that portion of the Prop erty ("Easement Area" herein) described as follows: AN EASEMENT AREA THAT IS TEN (10) FEET IN WIDTH HAVING FIVE (5) FEET OF WIDTH ON EACH SIDE OF THE CENTERLINE OF GRANTEE’S FACILITIES LOCATED AS CONSTRUCTED OR TO BE CONSTRUCTED OR EXTENDED, BEGINNING APPROXIMATELY AT THE INTERSCETION OF THE PROPERTIES GRAVEL ACCESS ROAD AND 1ST STREET, THEN NORTH LYING PRIMARILY ALONG THE WEST SIDE OF EXISTING ACCESS DRIVE TO THE EXISTING COMMUNICATIONS FACILITY, WITHIN THE ABOVE DESCRIBED PROPERTY AS GENERALLY DEPICTED ON THE ATTACHED EXHIBIT “A”. 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, d istribution 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 the foregoing. 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 sh all 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, tre es 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 c reate a hazard to PSE’s systems. PSE shall, except in the event 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. OH UG Electric W O# 105083211 / RW-112790 / Not. 11493483 CITY OF BREMERTON Page 3 of 4 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 no t 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 negligence 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 improveme nts 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 succ essors and assigns. DATED this _______ day of ________________________________, 20 . OWNER: CITY OF BREMERTON 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, a Washington municipal corporation, that executed the within and foregoing instrument, and acknowledged said instrument to b e his/her free and voluntary act and deed and the free and voluntary act and deed of CITY OF BREMERTON, 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. 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 OH UG Electric W O# 105083211 / RW-112790 / Not. 11493483 CITY OF BREMERTON Page 4 of 4 Exhibit “A” 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 Presenters: Tom Knuckey & Shane Weber 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; and 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 5E 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 Council District 1 Pat Sullivan Council District 3 Kevin Gorman Council District 4 Lori Wheat Council District 5 Michael Goodnow Council District 6 Richard Huddy Council District 2 Leslie Daugs