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HomeMy WebLinkAbout07/03/2019 COUNCIL MEETING PACKET______________________________________________________________ CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 - Phone (360) 473-5280 * * * A M E N D E D * * * JULY 03, 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 – June 19, 2019 C. Minutes of Study Session – June 26, 2019 D. Professional Services Agreement with Parametrix, Inc. for Engineering Services for the Warren Avenue Playfield Renovation Project E. Professional Services Agreement Amendment No. 3 with Imperial Parking for Parking Enforcement Services F. Professional Services Agreement Modification No. 1 with Parametrix, Inc. for Engineering Services related to the Marine Drive Stormwater LID Retrofit Project G. Confirm Appointment of Tom Knuckey as the Director of Public Works & Utilities at Pay Band 22, Rate 6 of the 2019 Management, Professional, Confidential, and Fiduciary Salary Plan H. Confirm Appointment of Ned Lever as the City Engineer at Pay Band 20, Rate 5 of the 2019 Management, Professional, Confidential, and Fiduciary Salary Plan I. Professional Services Agreement with Murraysmith for the Pump Station 14 Relocation Project J. Ordinance No. 5371 updating Section 15.06.020 of the Bremerton Municipal Code (BMC) entitled "Service Connections and Expansion Fees and Charges" (General Facility Charges) K. Professional Services Agreement Modification No. 2 with Parametrix, Inc. for On-Call Development Engineering Services L. Appointment of Bill Mosiman to the Planning Commission Continued on back… 6. GENERAL BUSINESS A. Collective Bargaining Agreement between the City of Bremerton and the International Association of Firefighters (IAFF) Local 437 B. Resolution No. 3318 authorizing Intent to Impose a Sales and Use Tax for Affordable and Supportive Housing in accordance with Substitute House Bill 1406 Item Pulled C. Professional Services Agreement with Transportation Solutions Inc. (TSI) for City Traffic Operations Model and Signal Study 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. MAYOR’S REPORTJuly 3, 2019 Top Cities by Nominal Daytime GrowthWhile most places shrink as workers head elsewhere, Bremerton swells to just under 18,000 in-coming workers during the day.●Bremerton is one of Top 10 cities with largest percentage increaseoOur population grows by 44% each work day. Good for our economy but also puts pressure on roads, traffic and air quality.●We are only Kitsap County city in Top 10 in the region*Daytime population data helps plan infrastructure and alternative transportation for workersSource: 2013-2017 American Community Survey 5-year estimates, tables B01003, B08604 and B08301 Kitsap Cities With Increased Daytime PopulationDaytime population data compiled by Puget Sound Regional CouncilSource: 2013-2017 American Community Survey 5-year estimates, tables B01003, B08604 and B08301Resident Population Daytime Population Numeric IncreaseBremerton39,584 57,063 17,479Poulsbo10,005 12,821 2,816Port Orchard13,476 15,667 2,191Bainbridge Island23,689*Cities with less than 1% increase not included in data Vanpool Parking and Transit Options Transit OptionsThe City supports transit options available in our community.• Vanpool Program• Rideshare Program• Bus Routes• Buses / Walking• Combinations of all of the above Vanpool ParkingThe City of Bremerton supports transit options by providing parking for Vanpool and Rideshare.• 8 Vanpool stalls will be added across the city. This will add the equivalent of 100 parking stalls or 2 new lots.• We are highlighting carpool stalls already available.• Other Alternative Transit is in development:• First on-street Vanpool Parking stall will be established near 200thblock of 5th Street Smart Commuter EventJune 20, 2019 – Norm Dicks Government Center (NDGC)•151 Event Attendees –Information was shared about commute trip reduction options & benefits, and connections were made between NDGC agencies; all attendees learned the bus route nearest to their home, got information about Vanpools, Carpool options, Scoot Cars, Guaranteed Ride Home availability and more. •27 NEW Rideshare Online Registrations – Individuals have created a new account on RideshareOnline.com and will be notified by email anytime there is a possible carpool match from their home to the NDGC building.•16 NEW Smart Commuters – Individuals get to work by walking, bicycling, riding a bus, carpooling, vanpooling or being a foot passenger on the ferry at least three days each week, and must recertify their registration details regularly. Ongoing Email Updates from Kitsap Conference Center Kitsap Lake HealthDos and Don’ts for Kitsap Lake HealthDos●Use organic fertilizer instead of weed & feed or other synthetic fertilizers. Organic fertilizers release nutrients slowly, reducing potential runoff to the lake●Stay at least 25 feet from the shoreline when applying fertilizer to keep a 20 foot buffer.●Consider native plants and other climate-appropriate plants for landscaping instead of high-maintenance lawns●Pick up pet waste, bag it, and place it in the trash●Have your septic system maintained regularlyDon’ts●Avoid using insecticides and herbicides as much as possible●Keep from washing your vehicle at home – use a commercial car wash ●Avoid washing boats and trailers at the lake – use commercial car washes to remove salt and invasive species ●Don’t dump anything into the lake – dispose of waste appropriately. Discharge of Fireworks within the city of BremertonLegal discharge is only allowed on July 4 between 11 a.m. and 11 p.m.If you would like to report fireworks being discharged outside of legal times, please call 360-307-5811 and try to provide a specific address where fireworks are being discharged.If you believe the fireworks are posing an imminent threat of fire or injury, please call 911.For more information, visit the Fire Department’s Firework Webpage:www.BremertonWA.gov/240/Fireworks Four Week Summer ProgramJuly 22–August 19, 2019Host families are needed to host two 17-year-old and one 16-year-old student from Kure, Japan for four weeks beginning on July 22,2019 in the City of Bremerton/Bremerton Central Lions Clubexchange student program.For more information, contact Jennifer Hayes in the Mayor’s Office at360-473-5266 orjennifer.hayes@ci.bremerton.wa.us. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: N/A Claims & Check Register COUNCIL MEETING Date: July 03, 2019 Department: Legal Services Presenter: Angela Woods Phone: (360) 473-5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1. Check Numbers 384941 through 385153 and Electronic Fund Transfers V19965 through V20016 in the grand total amount of $1,671,754.48 2. Regular Payroll for pay period ending June 15, 2019 in the amount of $815,646.58 3. Regular Payroll for pay period ending June 30, 2019 in the amount of $817,596.24 4. Retiree Payroll for pay period ending June 30, 2019 in the amount of $49,227.28 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 – June 19, 2019 Study Session Date: N/A COUNCIL MEETING Date: July 3, 2019 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes for the Meeting held on June 19, 2019 are attached. ATTACHMENTS: 1) Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the June 19, 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, June 19, 2019 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, June 19, 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, and Leslie Daugs. Council Member Pat Sullivan was absent. Also present were City Attorney Roger Lubovich; City Clerk Angela Woods; Legislative Office Manager Lori Smith; and Dave Sorensen, Information Services Manager. 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 Vice President Leslie Daugs; followed by the invocation provided by Reverend Ron Anderson of Manette Community Church. MAYOR’S REPORT Mayor Wheeler…  Reported on Sanitary Sewer Overflows vs. Combined Sewer Overflows;  Provided an update on the nuisance property located at 1317 N. Lafayette Avenue;  Displayed a map to show Chip Seal locations planned for East and West Bremerton;  Welcomed Ashley Probart, Executive Director with the Transportation Improvement Board who presented a “Complete Streets Award” to the City of Bremerton; and  Congratulated Zane Zurbrugg, son of Public Works employee Bob Zurbrugg, for being drafted by the Milwaukee Brewers in the 2019 Major League Baseball Draft. PUBLIC RECOGNITION Matt Pickering, of Leadership Kitsap’s 2019 Team Red, and Josh Farley, local resident and Kitsap Sun Reporter announced that in partnership with Visit Kitsap Peninsula, the release of a free guide for residents and visitors showcasing Bremerton’s Bridge to Bridge Urban Trail. Jeremie Sandbeck and Collins Clark-Hill from Olympic High School discussed the history and significance of Juneteenth, and their involvement in this year’s Juneteenth-Rebooted celebration. Wilson Holocher with Total Nutrition discussed their involvement in local charities, including recently hosting a booth outside of their store to raise awareness for Juneteenth-Rebooted; and expressed their willingness to be involved in more similar and local events. Regina “Raye” Hill, representing Pastor Rodney E. Campbell of Crossing Jordan Ministries and Sustainable You Community Outreach; noted she will miss her son as he graduates Olympic High School and heads to Texas; and acknowledged Dr. Claudia Thomas, who passed away last May, as the only African-American to be a Bremerton School District Superintendent. Harold Wilson, retired Navy Master Chief, eulogized David Wilson, who recently passed away, noting he was a WWII Navy Veteran, Member of the Hamma Hamma Mason Lodge, long-time member and trustee with the Sinclair Missionary Baptist Church, PSNS retiree, avid gardener, and a faithful father and husband. Tim De La Cruz owner of Hands on Entertainment, felt blessed to be working with Ms. Hill and the Juneteenth-Rebooted Reception tonight following the Council Meeting; and encouraged members of the public to participate and be a part of future events. Everett D. Clark appreciated the support of the City in this year’s successful Juneteenth-Rebooted event; and acknowledged that it was because of Ret. Navy Master Chief Harold Wilson that he had a successful Navy career, and expressed his appreciation to him for that. City Council Reg. Mtg. Minutes Wednesday, June 19, 2019 Page 2 of 4 Jim Fee with his wife owns Rob’s Quick Stop located at the corner of 15th & Callow, expressed his concern about the drive-through smoke shop on the land held in trust, but located in the middle of a residential neighborhood, and believes the City is ignoring their own ordinances to allow it. Randy Moore owns several stores in Bremerton, expressed his concerns that he will not be able to pay taxes and compete with a business on the land held in trust that is not required to pay taxes; so he asked for help and questioned if he will need to leave Bremerton just to remain in business. Khem Butcher lives on Callow Avenue near the business on the land in trust stating that it was supposed to remain a residence, and not be a commercial business. President Younger asked that it be clarified on whether or not the Bremerton City Council had any say in this project… City Attorney Roger Lubovich confirmed that the City of Bremerton does not have any jurisdiction over this property, it is in the jurisdiction of the Bureau of Indian Affairs… Erinn Howell stated that she learned that the Bureau of Indian Affairs must send an official letter to the City when a project like this is going in, and then the City must be allowed 30-days to provide a response. She was especially concerned that it does not feel like the City is fighting on behalf of the residents, and there is no communication about how long the construction will last. Mr. Lubovich responded that a member of his staff contacted the Bureau of Indian Affairs but learned that this type of project did not require them to provide a Notice to the City… Doug Johnson remembered that a few years ago, the residences received advanced notice about a proposed casino on this same property, and were successful in stopping it from being built. He believes another neighborhood meeting is required because he does not think this current project was well thought out, and he worries for the residences, and the potential increase in traffic. Michel Cryder was very concerned about the increase in noise and lights with this type of business allowed in a residential neighborhood. Anna Mockler mentioned that even though she lives a few blocks away, she attended the past community meeting to hear the concerns of the neighbors, as well as the provided explanations by the City, and hopes that the Mayor and City Council can get together to mitigate the issues; and also supports an additional community meeting. CONSENT AGENDA 5A – Claims & Check Register: Check Numbers 384723 through 384940, and EFT-V19899 through EFT-V19964 in the amount of $2,575,167.39; Regular Payroll for the pay period ending May 31, 2019 in the amount of $881,072.14; Regular Payroll (Voids, Payouts, & Corrections) for the pay period ending May 31, 2019 in the amount of $32,145.25; and Retro Pay for the pay period January 1, 2019 to May 15, 2019 in in the amount of $2,763.11 5B – Minutes of Meeting – June 5, 2019 5C – Minutes of Study Session – June 12, 2019 5D – Sole Source Purchase of Automated Playback Equipment from CASTUS for Bremerton Kitsap Access Television (BKAT) 5E – Contract with Pape & Sons Construction, Inc. for the Marine Drive Stormwater LID Retrofit 5F – Purchase of Replacement Festoon Lighting from CED for use on 4th Street between Pacific and Park Avenues 5G – Amendment No. 1 to the Consulting Agreement with BMcConsulting, LLC for Lobbying Services City Council Reg. Mtg. Minutes Wednesday, June 19, 2019 Page 3 of 4 There were no questions or comments from the public… 06:30:38 M/S/C/U (Wheat/Daugs) Move to approve the CONSENT AGENDA as presented. GENERAL BUSINESS 6A – ORDINANCE NO. 5370 AMENDING SECTION 13.04.140 OF THE BREMERTON MUNICIPAL CODE (BMC) RELATED TO LIQUOR IN PARKS: Parks & Recreation Director Jeff Elevado explained that Under the Park Code, Section 13.04.140 of the Bremerton Municipal Code, it currently authorizes sale and consumption of liquor in designated City parks and Public Utility property during special events. These include Harborside Fountain Park, Louis Mentor Boardwalk, and Otto Jarstad Park. Service and consumption must be permitted by the Washington State Liquor and Cannabis Board, is limited to beer and wine, and must be administered during an event or activity which is licensed by the City as a special event or authorized by the City Council upon terms and conditions as established by the City Council. Increased demand for special events at parks suited for hosting such events, and requests from event organizers to provide for the sale and consumption of liquor within the park during these events has prompted this request to amend BMC 13.04.140 to allow sale and consumption of liquor at additional locations. The proposed amendment will add Pendergast Regional Park, Evergreen Rotary Park, and Lions Park to the list of designated parks in which service and consumption of liquor is authorized when all requirements are met. There were no comments from the public… 06:32:55 Motion was made by Daugs; and seconded by Wheat… Comments and questions were provided by Daugs and Huddy; with responses provided by Mr. Elevado… 06:35:58 M/S/C/U (Daugs/Wheat) Move to approve Ordinance No. 5370 amending Section 13.04.140 of the Bremerton Municipal Code to allow service and consumption of liquor at designated City parks as regulated by the Washington State Liquor and Cannabis Board. COUNCIL MEMBER REPORTS Richard Huddy welcomed Capt. Dianna Wolfson to Puget Sound Naval Shipyard, noting she was the first woman to command a United States naval shipyard; congratulated King Lion Bob Theal, and all the graduates who received their degrees at the graduation ceremony held last Sunday; welcomed all of the citizens who expressed their concerns tonight while providing updates on the construction of the Tribal smoke shop and convenience store planned for 11321 N. Callow Avenue; as well as the nuisance property at 1317 N. Lafayette Avenue. Lori Wheat thanked everyone who attended the Council Meeting tonight as well as those who provided comment; invited volunteers to the next Kiwanis Park Work Party on Saturday, June 22 from 9:00 to 11:00 AM; mentioned that she will be joining fellow Council Member Kevin Gorman on the biking portion of the Bridging Bremerton event; congratulated the City of Bremerton for receiving the Complete Streets Award; enjoyed attending the Change of Command Ceremony; and thanked Bremerton Police Officers for letting her participate in a recent Ride Along. Kevin Gorman shared the full schedule of events for the “Bridging Bremerton” event on Saturday, June 22; and looked forward to the 3rd Annual Bridge Blast on Saturday, June 29 with vendors, food, and entertainment beginning at noon on the Bremerton Boardwalk, with a Fireworks Display off of the Manette Bridge beginning at approximately 10:15 PM. City Council Reg. Mtg. Minutes Wednesday, June 19, 2019 Page 4 of 4 Leslie Daugs announced that the Bremerton School District’s 2019 Summer Food Service Program that will provide free meals during the summer from June 19 to August 16 for kids and teens under 18 years of age. She also said it has been a pleasure to know Zane Zurbrugg since Middle School, and congratulated him for being drafted by the Milwaukee Brewers. Eric Younger thanked Captain Alan Schrader and Captain Dianna Wolfson, for a recent tour of PSNS & IMF on Naval Base Kitsap, and Commander Jason Deichler for a recent tour of the USS Pittsburgh (SSN 720) organized for Bremerton City Council Members, Legislative Office Manager Lori Smith, and City Attorney Roger Lubovich. With no further business, President Younger adjourned the Council Meeting at 6:53 PM. Prepared and Submitted by: ______________________________ LORI SMITH Legislative Office Manager APPROVED by the City Council on the 3rd day of July, 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 – June 26, 2019 Study Session Date: N/A COUNCIL MEETING Date: July 3, 2019 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes for the Study Session held on June 26, 2019 are attached. ATTACHMENTS: 1) Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the June 26, 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, June 26, 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, June 26, 2019, at 5:00 PM, with Council Member Michael Goodnow presiding. Council Members present were Richard Huddy, Kevin Gorman, and Sullivan. Council President Eric Younger, Council Vice President Leslie Daugs, and Council Member Lori Wheat were absent due to their attendance at the Annual Association of Washington Cities (AWC) Conference in Spokane, WA. Legislative Office Manager Lori Smith was present to provide staff support. Acting President Goodnow emphasized that the Study Session was open to the public, but there would be no opportunities for input or participation; and announced that items approved by the Council will be placed on the July 3, 2019 Council Meeting Agenda or as indicated. A. BRIEFINGS ON AGENDA ITEMS 1. Collective Bargaining Agreement Between the City of Bremerton and the International Association of Firefighters (IAFF) Local 437 General Business 2. Professional Services Agreement with Parametrix, Inc. for Engineering Services for the Warren Avenue Playfield Renovation Project Consent Agenda 3. Professional Services Agreement Amendment No. 3 with Imperial Parking, LLC (Impark) for Parking Enforcement Services Consent Agenda 4. Resolution authorizing Intent to Impose a Sales and Use Tax for Affordable and Supportive Housing in accordance with Substitute House Bill 1406 General Business 5. Professional Services Agreement Modification No. 1 with Parametrix, Inc. for Engineering Services related to the Marine Drive Stormwater LID Retrofit Project Consent Agenda 6. Professional Services Agreement with Transportation Solutions Inc. (TSI) for City Traffic Operations Model and Signal Study General Business 7. Confirm Appointment of Tom Knuckey as the Director of Public Works & Utilities at Pay Band 22, Rate 6 of the 2019 Management, Professional, Confidential, and Fiduciary Salary Plan Consent Agenda 8. Confirm Appointment of Ned Lever as the City Engineer at Pay Band 20, Rate 5 of the 2019 Management, Professional, Confidential, and Fiduciary Salary Plan Consent Agenda 9. Professional Services Agreement with Murraysmith for the Pump Station 14 Relocation Project Consent Agenda 10. Ordinance updating Section 15.06.020 of the Bremerton Municipal Code (BMC) entitled “Service Connections and Expansion Fees and Charges” (General Facility Charges) Consent Agenda 11. Professional Services Agreement Modification No. 2 with Parametrix, Inc. for On-Call Development Engineering Services Consent Agenda 12. Confirm Appointment of Bill Mosiman to the Planning Commission Consent Agenda City Council Study Session Minutes Wednesday, June 26, 2019 Page 2 of 2 B. GENERAL COUNCIL BUSINESS o Public Works Committee Briefing (06/18/19 Meeting) – Chair Kevin Gorman Acting President Goodnow called a 5-minute recess from 6:28 to 6:33 PM… o Lodging Tax Advisory Committee Briefing (06/24/19 Meeting) – Chair Pat Sullivan o Finance, Investment & Parking Committee Briefing (06/24/19 Meeting) – Vice Chair Kevin Gorman o Other General Council Business was also briefly discussed. With no further business, Acting President Goodnow adjourned the Council Study Session at 6:50 PM. Prepared and Submitted by: ______________________________ LORI SMITH Legislative Office Manager APPROVED by the City Council on the 3rd day of July, 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: June 26, 2019 Professional Services Agreement with Parametrix, Inc. for Engineering Services for the Warren Avenue Playfield Renovation Project COUNCIL MEETING Date: July 3, 2019 Department: Parks & Recreation Presenter: Jeff Elevado Phone: (360) 473-5428 SUMMARY: A Request for Qualifications (RFQ) was advertised in April of 2019 for engineering services for the Warren Avenue Playfield Renovation Project. No responses were received. Parks and Recreation Department staff then contacted Parametrix, Inc. of Bremerton who had recently provided like services for the recently completed Manette Park Renovation Project, and entering into direct negotiations for services. ATTACHMENTS: Attachment #1: Professional Services Agreement; Attachment #2: Parametrix Scope of Work (Exhibits A, B & C); and Attachment #3: Warren Avenue Playfield Site Plan/Concept FISCAL IMPACTS (Include Budgeted Amount): Funds are available in the Parks Capital Construction Fund ending fund balance. (Unexpended contingency funds remaining from the Manette Park Renovation Project) STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Professional Services Agreement between the City of Bremerton and Parametrix, Inc. in the amount not to exceed $75,515.00; authorize an expenditure budget adjustment in the same amount; 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 5D Page 1 of 7 Bremerton/Parametrix Construction Engineering Services for the Warren Avenue Playfield Renovation Project Rev. 03/2018 PROFESSIONAL SERVICES AGREEMENT Construction Engineering Services Warren Avenue Playfield Renovation Project The City of Bremerton (“City”) and Parametrix (“Consultant”), referred to collectively as the “Parties,” enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated May 2019, including any attachments thereto , attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.H of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit B; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in Section IX.A of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $75,515.00. Consultant’s charges and bills shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit C. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit C. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. Page 2 of 7 Bremerton/Parametrix Construction Engineering Services for the Warren Avenue Playfield Renovation Project Rev. 03/2018 IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City’s employees and other Consultants. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub -Consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-Consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City’s administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: A. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement except for that portion of the injuries and damages caused by the City’s sole negligence, unless Consultant is conducting work pursuant to Subsection B below. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. B. Architects, Engineers and Any Other Professional Listed In and Performing Services Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that Consultant’s services provided pursuant to this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY Page 3 of 7 Bremerton/Parametrix Construction Engineering Services for the Warren Avenue Playfield Renovation Project Rev. 03/2018 FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-Consultants. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and 3. Excess Liability insurance with limits not less than 1,000,000 limit per occurrence and aggregate. 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim. 5. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an “occurrence” basis except professional liability insurance (if required), which may be provided on a “claims-made” basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. Page 4 of 7 Bremerton/Parametrix Construction Engineering Services for the Warren Avenue Playfield Renovation Project Rev. 03/2018 The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of a ny operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City’s Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (“GAAP”) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Bremerton, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City’s sole risk. C. Use of Photographs and Images. Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether Page 5 of 7 Bremerton/Parametrix Construction Engineering Services for the Warren Avenue Playfield Renovation Project Rev. 03/2018 prepared by Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. D. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub -consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. E. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Bremerton, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. F. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. G. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H. Modification: This Agreement may only be modified by written instrument signed by both Parties. I. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. Notices to be sent to: Notices to be sent to: CITY: CONSULTANT: Attn: Jeff Elevado Attn: City of Bremerton Parametrix 345 6th Street, Suite 100 60 Washington Ave. #390 Bremerton, WA 98337 Bremerton, WA 98337 J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. K. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein Page 6 of 7 Bremerton/Parametrix Construction Engineering Services for the Warren Avenue Playfield Renovation Project Rev. 03/2018 conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. M. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. N. Attorneys’ Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney’s fees. O. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or sexual orientation except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party’s sending notice to the non-performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies ca using such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. Page 7 of 7 Bremerton/Parametrix Construction Engineering Services for the Warren Avenue Playfield Renovation Project Rev. 03/2018 B. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. X. Suspension & Debarment. For contracts involving Federal funding, Consultant hereby certifies, by signing this agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Consultant shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Consultant enter into a covered transaction with another firm, Consultant agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. IN WITNESS WHEREOF, the parties below have executed this Agreement. CITY: CONSULTANT: CITY OF BREMERTON By: By: Print Name: Greg Wheeler Print Name: Its: Mayor Its: Date: Date: APPROVED AS TO FORM: ATTEST: By: By: Bremerton City Attorney City Clerk R:\Legal\Legal\Forms\FORMS ON COBWEB\Professional Services Agreement Rev. 03 2018.docx City of Bremerton 233-1896-8BB Warren Avenue Playfield Construction Documents 1 May 2019 EXHIBIT A SCOPE OF WORK City of Bremerton Warren Avenue Playfield Construction Documents INTRODUCTION This exhibit presents Parametrix’s proposed scope of work (SOW) for preparation of construction plans, specifications, and engineers estimate (PS&E) for the Warren Avenue Playfield Construction Documents project. Construction drawings for the project will be prepared using conceptual designs provided by City staff. The work includes installation of vendor-provided covered shelter, Redi-Rock retaining walls, a pre-fabricated restroom (Romtec), and LED sports field lighting system. A proposed schedule for the work is provided in Exhibit B and our proposed budget is attached as Exhibit C. The following tasks are associated with this SOW. Task 1 – Project Management and Meetings Objective Obtain project data; monitor and manage scope, schedule, and budget; and periodically meet with the City and other members of the design team to review project status. Activities The following activities would be performed as part of this task: • Schedule, prepare for, attend, and document up to six project meetings that will include the Consultant and City staff. • Manage and direct the project technical team. • Provide routine project management and communications (scope, schedule, budget, invoicing, etc.). • Prepare monthly progress reports and progress billings and submit to the City for approval and payment. The monthly report will include a narrative of the work performed and the tasks to be performed in the next reporting period and, if necessary, explanation of delays, problems, responsive action requirements by the Consultant and the City, and other project needs. Deliverables The following deliverables will be prepared: • Routine correspondence and monthly progress reports. • Meeting agendas and notes. SCOPE OF WORK (continued) City of Bremerton 233-1896-8BB Warren Avenue Playfield Construction Documents 2 May 2019 Assumptions The following assumptions apply to this task: • Design deliverables review meetings will be attended by the Parametrix project manager. • Project duration will be 15 months (July 2019 through August 2020). Task 2 – Preliminary Design (30%) Objective Prepare 30% plans and cost estimate. Activities The following activities would be performed as part of this task: • Perform a site walk with City staff. • Procure a geotechnical subconsultant to drill 3 shallow (15-foot deep) borings at the restroom and field lighting locations and to provide recommendation for shelter slab, restroom slab, and light foundations. • Prepare 30% complete design plans based on City preliminary concepts. • Develop 30% cost estimate using City’s preliminary estimates to vet cost assumptions and evaluate budget. Deliverables The following deliverables will be prepared: • Plan sheets as follows: o Cover Sheet 1 sheet o Legend Abbreviations 1 sheet o Construction Notes 1 sheet o Playfield/Parking Lot Grading and Drainage Plan 1 sheet at 1”=20’ scale o Utilities Plan 1 sheet o Redi-Rock Wall Plan and Profile 2 sheets o Electrical Plan 1 sheet 8 Sheets Total • 30% cost estimate. • Draft and Final Geotechnical Report. Assumptions The following assumptions apply to this task: • Survey and topographic base map will be provided by City. • Structural designs for the Romtec restroom, Redi-Rock retaining walls, and sports field lighting will be provided by each respective vendor, including plans stamped by a Washington State licensed professional engineer. Parametrix will provide layout plan and profile plans for the Redi-Rock retaining walls. SCOPE OF WORK (continued) City of Bremerton 233-1896-8BB Warren Avenue Playfield Construction Documents 3 May 2019 • Landscape and irrigation design will be by the City. • Special provisions and all drawings will follow WSDOT format. • Two hard copies and one PDF set of all plans (11″x17″), special provisions, and cost estimates at each design stage will be provided. • AutoCAD and PDF files of all drawings and documents will be provided on CD. Task 3 – 90%, 100%, and Final Plans, Specifications, and Estimates (PS&E) Objective Prepare 90%, 100%, and Final PS&E for the project. Activities The following activities would be performed as part of this task: • Develop final engineering plans from the 30% plans. • Prepare a cost estimate at each deliverable stage. • Prepare special provisions at each deliverable stage. • Prepare contract documents for the 90% 100%, and Final deliverables packages. Deliverables The following deliverables will be prepared: • Plan sheets as follows: o Cover Sheet 1 sheet o Legend Abbreviations 1 sheet o Construction Notes 1 sheet o Demolition and TESC Plan 1 sheet at 1”=30’ scale o Demolition and TESC Details 1 sheet o Playfield/Parking Lot Grading and Drainage Plan 1 sheet at 1”=20’ scale o Grading Layout Point Tables 1 sheet o Utilities Plan 1 sheet o Paving, Drainage, and Utility Details 2 sheets o Redi-Rock Wall Plan and Profile 2 sheets o Redi-Rock Wall Sections and Details 1 sheet o Electrical Legend and Abbreviations 1 sheet o Electrical Plan 1 sheet o Electrical One Lines 1 sheet o Electrical Details 1 sheet Total Sheets 17 • 60%, 90%, and final cost estimates. • 60%, 90%, and final contract documents. • Two hard copies and one PDF set of all plans (11″x17″), special provisions, and cost estimates at each design stage. SCOPE OF WORK (continued) City of Bremerton 233-1896-8BB Warren Avenue Playfield Construction Documents 4 May 2019 • AutoCAD and PDF files of all drawings and documents provided on CD. Assumptions The following assumptions apply to this task (in addition to the assumptions under Task 2): • Bid schedule will be structured to provide major items as typical unit costs. • City will perform bid advertisement, provide all additional document reproduction, and pay fees for advertisements and reproduction. • Special provisions and drawings will follow WSDOT format. Task 4 – Engineering Services During Construction Objective Provide construction engineering support as requested by the City during the construction phase of the project. Activities The following activities may be performed as part of this task: • Review and respond to Contractor’s material submittals, catalog cut sheets, and shop drawings. • Respond to Contractor’s requests for information (RFIs). • Conduct a site walk at substantial completion to assist the City in the punch list inspection. Deliverables The following deliverables will be prepared: • Electronic copies of Parametrix’s responses to material submittals, cut sheets, shop drawing review, and RFIs. Assumptions The following assumptions apply to this task: • Parametrix will review and respond to shop drawing submittals at an estimated 1.5 hours each, material submittals at an estimated 0.5 hour each, and RFIs at an estimated 1 hour each. • A total of X shop drawings submittals, X materials submittals, and X RFIs will be reviewed. SCOPE OF WORK (continued) City of Bremerton 233-1896-8BB Warren Avenue Playfield Construction Documents 5 May 2019 EXHIBIT B – SCHEDULE Work Element Completed By Notice to Proceed July 1, 2019 30% Plans and Cost Estimate (6 weeks) 60% PS&E (8 weeks) 90% PS&E (6 weeks) Final PS&E (6 weeks) August 12, 2019 October 7, 2019 November 18, 2019 December 30, 2019 Construction Project Closeout May – August, 2020 September 30, 2020 NOTE: The assumed turnaround time for City review of deliverables is 1 week. PARAMETRIX EXHIBIT C - BUDGET 6/6/2019 Warren Avenue Playfield Construction Documents City of Bremerton Parks and Recreation Dept. TOTAL BASE TOTAL Task Subtask 2300 3.09 Billing Rate $222.85 $118.84 $77.28 $139.20 $197.91 $122.61 $111.18 $118.10 $99.68 HOURS Cost COST Direct Rate $72.12 $38.46 $25.01 $45.05 $64.05 $39.68 $35.98 $38.22 $32.26 HOURS Cost COST 1 1 Project Management and Meetings Project Meetings (4)4 4 $288.48 $891 Project Management (15 months)10 15 15 40 $1,834.20 $5,668 Subtotal 14 15 15 40 $1,834.20 $6,559 1 2 Site Walk 2 2 4 $194.26 $600 Cover Sheet (1 sheet)1 1 2 $63.47 $196 Legend, Abbreviations and Notes (1 sheet)1 1 2 $63.47 $196 Construction Notes (1 sheet)1 1 2 $63.47 $196 Playfield/Parking Lot Grading and Drainage Plan (1 sheet at 1"=20' scale)2 12 30 44 $1,356.06 $4,190 Utilities Plan (1 sheet at 1" = 20' scale)2 8 12 22 $752.04 $2,324 Redi-Rock Wall Plan and Profile (2 sheets)2 8 24 34 $1,052.16 $3,251 Electrical Plan (1 sheet at 1"=30' scale)30 2 8 40 $1,797.04 $5,553 Total Sheets = 8 30 % Estimate 1 4 12 17 $526.08 $1,626 Geotechnnical, S&W (includes 5% markup) $10,232 Subtotal 9 35 83 30 2 8 167 $5,868.05 $28,364 1 3 Cover Sheet (1 sheet)1 1 2 $63.47 $196 Legend, Abbreviations and Notes (1 sheet)1 1 2 $63.47 $196 Construction Notes (1 sheet)1 1 2 $63.47 $196 Demolition and TESC Plan (1 sheet at 1"=30' scale)1 6 16 23 $703.04 $2,172 Demolition and TESC Details (1 sheet)1 4 12 17 $526.08 $1,626 Playfield/Parking Lot Grading and Drainage Plan (1 sheet at 1"=20' scale)1 8 24 33 $980.04 $3,028 Grading Layout Point Tables (1 sheet)1 4 12 17 $526.08 $1,626 Utilities Plan (1 sheet at 1" = 20' scale)1 6 12 19 $603.00 $1,863 Project: STAFFPMX #BILLING MULT.: PM D. Dinkuhn Client: 233-1896-8BB 60%, 90%, and Final PS&E Scientist I A. Misiurak PC S. Harris WP A.Lucas PA L.Gilbertson Preliminary Design (30%) Eng II R.Fiala Elec Des IV J. Reinmuth Elec Eng R. Rohler CAD IV D. Peterson Warren Ave Budget 060619.xlsx Page 1 PARAMETRIX EXHIBIT C - BUDGET 6/6/2019 Warren Avenue Playfield Construction Documents City of Bremerton Parks and Recreation Dept. TOTAL BASE TOTAL Task Subtask 2300 3.09 Billing Rate $222.85 $118.84 $77.28 $139.20 $197.91 $122.61 $111.18 $118.10 $99.68 HOURS Cost COST Direct Rate $72.12 $38.46 $25.01 $45.05 $64.05 $39.68 $35.98 $38.22 $32.26 HOURS Cost COST Project: STAFFPMX #BILLING MULT.: PM D. Dinkuhn Client: 233-1896-8BB Scientist I A. Misiurak PC S. Harris WP A.Lucas PA L.Gilbertson Eng II R.Fiala Elec Des IV J. Reinmuth Elec Eng R. Rohler CAD IV D. Peterson Paving, Drainage, and Utility Details (2 sheets)2 6 20 28 $875.20 $2,704 Redi-Rock Wall Plan and Profile (2 sheets)2 12 24 38 $1,206.00 $3,727 Redi-Rock Wall Sections and Details (1 sheet)1 4 12 17 $526.08 $1,626 Electrical Legend and Abbreviations (1 sheet)1 1 1 1 4 $220.90 $683 Electrical Plan ( 1sheet at 1"=30' scale)30 4 20 54 $2,401.30 $7,420 Electrical One Lines (1 sheet)16 4 8 28 $1,294.44 $4,000 Electrical Details (1 sheet)12 2 4 18 $827.42 $2,557 Total Sheets = 17 60%, 90%, and Final Specifications 4 8 12 12 36 $1,283.40 $3,966 60%, 90%, and Final Estimates 4 10 12 26 $973.20 $3,007 Subtotal 19 71 159 59 11 33 12 364 $13,136.59 $40,592 1 4 Engineering Services During Construction 4.1 TBD Subtotal PROJECT TOTAL 42 106 242 89 13 41 15 15 12 571 $75,515 David Dinkuhn, P.E. Reviewed By:Mark Yand, P.E. (Project Manager)(Principal) Prepared By: Warren Ave Budget 060619.xlsx Page 2 Site PlanYouth Playfield w/LED LightingSee Plan EnlargementBackstopWarren  Ave.11thStreetBroadway Ave.10thStreet 9thStreet Open LawnArea &ViewscapeLED Playfield LightingPathway Connecting FeaturesRelocated BackstopPaved Accessible ParkingExistingClubhousePavedParking w/ Retaining Wall Plan EnlargementChildren’s Play AreaDonorBricks at EntryShelterDrinking FountainExample of Children’s Play AreaRestroomEntry & Interpretive SignageExample of ShelterExample of Restroom & Drinking Fountain AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: June 26, 2019 Professional Services Agreement Amendment No. 3 with Imperial Parking for Parking Enforcement Services COUNCIL MEETING Date: July 3, 2019 Department: Finance Presenter: Melinda Monroe Phone: (360) 473-5306 SUMMARY: The City has been in an 8-year contract with Imperial Parking (Impark) to administer the City’s Residential Parking Program; and to provide parking enforcement services. During the 8- year term, revenues in all garages and lots have increased steadily under Impark’s management. In addition, Impark has implemented City policies and provided support and knowledge of the city’s lots, and key stakeholder agreements. ATTACHMENTS: Proposed Amendment, Current Agreement FISCAL IMPACTS (Include Budgeted Amount): $425,000 has been budgeted in 2019 for parking enforcement services. The amendment is within the budgeted amount. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve Amendment No. 3 to the Professional Services Agreement with Imperial Parking; and authorize the Mayor to finalize and execute the amendment with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 5E Page -1 Amendment No. 3 - Imperial Parking/Parking Enforcement Services Contract No. 5070 AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF BREMERTON AND IMPERIAL PARKING (U.S.), LLC THIS AMENDMENT to the Professional Services Agreement (the "Services Agreement") between the City of Bremerton (“City”) and Imperial Parking (U.S.), LLC. (dated July 1, 2011 (the “Effective Date”). WHEREAS, the City and Imperial Parking (U.S.), Inc. entered into a Professional Services Agreement (the “Services Agreement”) effective July 1, 2011 for parking services; WHEREAS, effective October 12, 2011, Imperial Parking (U.S.), Inc. converted from a corporation to a Delaware limited liability company known as Imperial Parking (U.S.), LLC and, by operation of law, assumed all the rights and obligations of Imperial Parking (U.S.), Inc. including, without limitation, those pursuant to the Services Agreement; WHEREAS, on January 20, 2016, the parties entered into Contract Modification No. 1 (amendment) to the Services Agreement; WHEREAS, on August 1, 2016, the parties entered into Contract Modification No. 2 (amendment) to the Services Agreement (the Services Agreement as thereby amended is herein called the “Agreement”); WHEREAS, the parties have agreed to an additional Amendment and to extend the term of the Agreement as set out herein and to make certain amendments to the Scope of Work; NOW THEREFORE, in consideration of the premises and mutual covenants and agreements herein contained, the parties agree as follows: 1. The following sections of the Agreement are hereby amended as follows: I.Scope: The Scope of Work is hereby amended by: 1) Substituting Exhibit A, attached hereto, for the version Amended in Amendment No. 2 to the Service Agreement; and 2) Adding the following Exhibits: Exhibit E, a map defining the City enforcement zones; Exhibit F, defining the enforcement types; and Exhibit G, listing of the City owned lots and the corresponding meters, zone and parking type; and II.Term: The term of the Agreement is hereby extended for three (3) years and five (5) months effective August 1, 2019 and expiring on December 31, 2022. III.Compensation: Compensation is amended as outlined in the amended Scope of Work in Exhibit A. Page -2 Amendment No. 3 - Imperial Parking/Parking Enforcement Services Contract No. 5070 VI.Insurance. The Insurance section is replaced with the following: The Operator shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Operator, its agents, representatives, employees, sub-consultants or sub-contractors. Before beginning work on the project described in this Agreement, the Operator shall provide a Certificate of Insurance evidencing: 1.Automobile Liability insurance with limits no less than $5,000,000 combined single limit per accident for bodily injury and property damage; and will cover City owned vehicles used by Operator employees; and 2.Commercial General Liability insurance written on an occurrence basis with limits no less than $5,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and 3. 4. 5.Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an “occurrence” basis except professional liability insurance (if required), which may be provided on a “claims-made” basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Operator and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Operator's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Operator's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative Intentionally left blank Intentionally left blank Page -3 Amendment No. 3 - Imperial Parking/Parking Enforcement Services Contract No. 5070 obligation upon Operator to advise the City’s Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. 2. The amendments set forth herein shall be effective August 1, 2019. Except as modified herein, all terms of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment No. 3 to the Services Agreement on the day and year first written above. THE CITY OF BREMERTON IMPERIAL PARKING (U.S.), LLC By Greg Wheeler By Harold Delos Reyes Its Mayor Its General Manager DATE: DATE: APPROVED AS TO FORM: ATTEST: Bremerton City Attorney City Clerk EXHIBIT A: SCOPE OF WORK Page -1 Amendment No. 3 - Imperial Parking/Parking Enforcement – Exhibit A I. OPERATIONS A. GENERALLY. 1. Operator shall be responsible for all aspects of recruitment and selection of parking enforcement personnel. 2. Limited Commission – Operator shall provide the City of Bremerton Police Department with all personnel information required to investigate and issue a Limited Commission in accordance with RCW 10.93.020. The City shall review all information regarding a prospective enforcement employee prior to authorization of issuance of a Limited Commission. 3. Operator shall provide all enforcement personnel with professional appearing uniforms consisting of shirts, trousers and jackets. Uniform jackets and shirts shall have attached patches on the sleeves with an emblem designating the wearer as official parking enforcement personnel. All enforcement personnel must carry photo identification and a copy of their commission while on duty. The operating company will have responsibility for the overall daily operation of the identified City-owned and leased parking facilities. The operating company will develop the staffing plan, operating procedures, and other portions of the policies and procedures necessary to operate the parking facilities in an efficient and cost-effective manner. A thorough working knowledge of the latest parking technology and systems, including but not limited to, validation programs, valet parking systems, and parking management practices is considered essential. The operating company will be expected to note problems or opportunities for improvement and make recommendations to the City’s Designated Representative as to possible policy or operational changes. The operating company shall always maintain a high standard for personnel and performance, consistent with good customer relations. The operating company shall control the conduct, demeanor and performance of its employees to ensure that good, efficient and courteous service shall be furnished all users of the parking facilities on a fair, equal and non-discriminatory basis. Additionally, the operating company is specifically authorized to exercise such control as it deems reasonably necessary for the orderly, safe, sanitary and secure use thereof, and to prevent or discourage disturbances, illegal acts and violations of laws, regulations, ordinances and rules of the City. B. COMMUNICATIONS. All enforcement personnel shall have ready access to their supervisor and to the Bremerton Police Department. C. MAINTENANCE. The Operator shall maintain all parking facilities daily, picking up articles of trash and debris. Sweep spot areas, as required, to remove any excess dirt and debris. D. RESPONSIBILITIES. The Operator shall: 1. Issue time and date stamped parking tickets for all electronic and/or manual pay parking stations and other infractions. 2. Collect money for all parking stations, plus daily, monthly and event parking. 3. Ensure that all parking income collected by the operating company shall EXHIBIT A: SCOPE OF WORK Page -2 Amendment No. 3 - Imperial Parking/Parking Enforcement – Exhibit A be accounted for and deposited daily to the designated city account. Daily parking tickets, bank deposit slips and daily summary sheets shall be submitted to the City Treasurer’s Office no later than the Tuesday of the week following the Saturday deposit. 4. Invoicing of enforcement services will be itemized as applicable by: Enforcement Type, Enforcement Zone, location and date per Exhibit F, Enforcement Type Definitions and per Exhibit G City owned lots, garages and meters listings. 5. Issue parking violation tickets for parking violations, when appropriate. E. ENFORCEMENT VEHICLES. The City will provide one 2017 Prius C vehicle, known as the City Vehicle, for enforcement during the term of this agreement. Additional vehicles the number, nature and type of enforcement vehicles, if any, (i.e.: scooters, bikes or other) is solely discretionary with the Operator. The Operator will be responsible for holding at their expense Automobile Liability coverage for the City vehicle while providing services to the City, including comprehensive and collision liability policies, a General Liability policy, and an umbrella liability policy insurance coverage at the minimums outlined in Section VI. of the Services Agreement for the duration of this agreement as amended. The Operator will be responsible to provide regular maintenance services on the vehicle with reimbursement available by the City in each billing cycle. The Operator will fuel the vehicle via a City owned Fuel Card and accept liability for all agents and employees of the operator that have access to assigned Fuel Card, and the City Vehicle. II. SCOPE OF REQUESTED SERVICES AND SERVICE FEE A. MONITORING AND TICKETING DOWNTOWN: 1. Operator shall provide monitoring and ticketing services enforcing the parking codes of the City of Bremerton, in the parking garages, off-street surface locations in all zones, and on-street enforcement in the Downtown core, known as the Downtown Zone, (as defined in Exhibit B), with not less than the following frequencies: a) Downtown Zone on street restricted parking: Not less than three times daily, Monday – Friday excluding City Holidays, between 7 AM and 5 PM, with an annual average minimum of 160 hours per month. b) City owned Lots and Garages: Not less than twice daily, between 7 AM and 5 PM c) Random Checks: the operator will schedule random checks at times other than the above agreed scheduled time for an annual average minimum of 40 hours per month, Monday through Sunday, excluding City Holidays. 2. Monthly Invoicing will include enforcement type, hours and location. EXHIBIT A: SCOPE OF WORK Page -3 Amendment No. 3 - Imperial Parking/Parking Enforcement – Exhibit A 3. Residential parking enforcement and monitoring. Operator shall provide monitoring and ticketing services enforcing the parking codes of the City of Bremerton, in the residential areas of all zones for a minimum annual average of 160 hours per month at random times. Monthly Invoicing will include enforcement type, hours and location. It will include all zones. 2019 Monthly Flat Rate: $18,775.37 2020 Monthly Flat Rate: $20,758.10 2021 Monthly Flat Rate: $21,338.09 2022 Monthly Flat Rate: $21,935.49 B. ON-CALL CITY RESTRICTED PARKING: Monitoring and ticketing of general city areas, inclusive of all zones, not described above for parking enforcement and including residential permit parking. Enforcement will be based on complaint basis only response. Monthly Invoice will define the enforcement type, hours and location. More than forty (40) hours per month requires City approval. 2019 Hourly Rate per Attendant: $18.20 2020 Hourly Rate per Attendant: $20.47 2021 Hourly Rate per Attendant: $21.09 2022 Hourly Rate per Attendant: $21.72 C. SPECIAL EVENTS. The operator will be required to provide supplemental parking attendants (one per floor, 2 attendants) as needed and determined by the City for larger functions at the parking facilities. It is currently estimated that there will be 20± such events annually. Normally, the attendants will be required for one hour before and until one hour after the scheduled start time for the event. Reporting of hours and number employee worked with the date and name of the event will be provided with invoicing. Additional attendants as needed and requested at the following hourly rate per attendant: 2019 Hourly Rate per Attendant: $18.20 2020 Hourly Rate per Attendant: $20.47 2021 Hourly Rate per Attendant: $21.09 2022 Hourly Rate per Attendant: $21.72 D. OFFICE: 1. Administrative Services a) The operator will be required to maintain an office in the City of Bremerton Downtown Core five days a week, open not less than 7 hours a day. The specific days and hours to be negotiated with the city Designated Representative. The City will reimburse lease cost in a mutually agreed amount not to exceed $1,800.00 per month. Should the City terminate this Agreement without cause prior to the expiration of Operator’s lease agreement, the City agrees to reimburse the Operator’s costs of the lease in an amount not to exceed $1,800.00 per month for the term of the lease or the term of the Services Agreement, EXHIBIT A: SCOPE OF WORK Page -4 Amendment No. 3 - Imperial Parking/Parking Enforcement – Exhibit A whichever expires first. The City will provide garbage service. Operator will be responsible for electricity, water (if any), phone, business license and all other costs. b) The city will also provide space for storing of up to 3 vehicles. c) Operator shall maintain local phone number and e-mail address for receipt of public requests comments and complaints that will be monitored daily Monday – Friday, except City Holidays. d) Office Support: Customer Service support for 6 hours per day during normal business hours Monday through Friday. 2. Personnel. The operator shall be required to separate personnel so that no individual has responsibility or access for enforcement, repair and/or revenue collection from pay stations. E. RESIDENTIAL PERMITS: 1. Residential, street and parking garage permits, will be managed and issued by Operator at office or online during normal business hours. Operator would issue residential permits types as outlined in the Bremerton Municipal Code, or in accordance with City contracts or policy. 2. Operator shall assume responsibility for updating and maintaining the Residential Parking Permit Program database and any other permit databases. 3. Residential Permits are currently issued for five (5) residential Parking Permit Areas and one (Downtown, NW, NE, SW, SE) “Permit Only” zone. Monthly Rate: $800.00 F. REPAIR & MAINTENANCE OF ELECTRONIC PAY STATIONS 1. Parking Garages - Electronic Pay Stations: a) Monthly Rate (plus Sales Tax, if applicable): $3,174.52. The monthly rate payable by City to Operator for Operator repair and maintenance of nineteen (29) Electronic Pay Stations on a three (3) year contract. Electronic Pay Stations shall have debit/credit card, real time authorization, coin, and bill. Said equipment shall be repaired and maintained at a standard of not less than set forth in Exhibit C. b) Garage locations. (1) Lot 90: Conference Center at 1st & Washington (8 stations on second and third floor levels) (2) Lot 91: Washington Avenue Garage - between Fourth & Fifth Streets (3 stations on first floor level and vestibule) (3) Lot 92: Park Avenue Plaza (6 stations on two levels) 2. On Street/Off Street Surface Parking – (8 Electronic Pay Stations): a) Monthly Rate (plus sales tax, if applicable): $1,670.80 The monthly rate payable by the City to Operator for, repair and maintenance of electronic pay stations. The electronic pay stations shall have debit/credit card, real time authorization coin and bill capabilities. Said equipment shall be repaired and maintained at a standard not less than set forth in Exhibit C, of the Services Agreement. EXHIBIT A: SCOPE OF WORK Page -5 Amendment No. 3 - Imperial Parking/Parking Enforcement – Exhibit A Note: Electronic Pay Station Manufacturer and Model: LUKE II T2 Systems in accordance with Exhibit C and additional specifications set forth in Operator’s bid proposal. 3. Meter Damage. If a meter damaged beyond replacement or maintenance standards the meter will be replace at cost to the City. The operator is responsible to order replacement meters and assist with the coordination of installation and invoicing. The City will pay for installation and utilize warranty agreements as available. 4. Service Fee Adjustments: An annual increase will be applied to the rates in Section II. Scope of Requested Service and Service Fee. A1, A3 and C. Special Events, only. The increase shall be based on the percent of change in the minimum wage as mandated by Washington State Department of Labor and industries per Washington State Initiative 1433. Starting in 2021 it will be limited by the Consumer Price Index-W change for Seattle-Tacoma- Bremerton, All Urban Consumers 1982-84 (CPI-U) as published by the US Department of Labor, Bureau of Labor Statistics for June of the year of increase. 5. Use of Affiliates. The City acknowledges and agrees that Contractor may from time to time purchase goods, supplies and services from or through Contractor and its Affiliates. If an Affiliate performs services Contractor is required to provide under this Agreement, Contractor shall be ultimately responsible to the City for Contractor's Affiliate's performance. For purposes of this Agreement, "Affiliates" means any entity directly or indirectly controlled by, controlling or under common control with Contractor. G. REVENUE REMITTANCE AND REPORTING. 1. Revenue Collection. The Operator shall process all revenues collected pursuant to this Agreement as follows: A. Meter Revenue (On-Street and Off-Street). Cash revenues shall be collected at least once per week and deposited directly to City’s bank account. B. Credit card revenues shall be processed through the City’s merchant account. C. Pay by Phone (On-Street and Off-Street) Revenues shall be deposited to Operator’s account and remitted to the City on or before the 15th of each month with respect to the preceding calendar month. D. Monthly Parking. Revenues shall be deposited to the Operator’s bank account and remitted to City on or before the 15th of each month with respect to the proceeding calendar month, after deduction by Operator of all credit card fees. 2. Violations from free or permit parking areas – Fines from these sources will be processed by the Operator using equipment and stationery provided by the City and all revenues will be received directly by the City and not by the Operator. Violations from metered parking areas – Fines from these sources will be processed by the Operator using equipment and stationery provided by the City and all revenues will be received directly by the City and not by the Operator. 3. Leasehold Tax. The City shall be responsible for the remittance of any parking tax and any applicable Washington State sales taxes for all revenues received and remitted by the Operator on the City’s behalf, and the City hereby releases and agrees to indemnify Impark with respect of any claims, actions, liabilities, penalties, costs and expenses suffered by Impark arising out of the City’s failure to do so. This indemnity is limited to the EXHIBIT A: SCOPE OF WORK Page -6 Amendment No. 3 - Imperial Parking/Parking Enforcement – Exhibit A City’s taxing responsibilities under this Agreement and shall survive the expiration or earlier termination of this Agreement. The Operator shall be responsible for its own parking and Washington state sales taxes, if applicable, on revenues it retains under section 1.b). All other taxes associated with its business operations are the sole responsibility of the respective parties. 4. Reporting. On or before the 15 th day of each month, the Operator will give the City a statements and performance reports for the preceding calendar month setting out all revenues collected by the Operator as contemplated in paragraphs 1.b) for such month and the amount of any permitted deductions (the "Statement") and will deposit the net revenue to the City’s bank account. The Statement shall be deemed to be correct unless the City provides Operator with written notice of any errors or omissions within ninety (90) days of the Statement date A.Monthly reporting will include at minimum: the number of enforcement hours worked in the month by zone; the vacancy by lot including metered daily lots; the numbers of permit holders by lot; the number of individuals on monthly permit waitlists; daily parker metered usage by lot. i.Monthly permitted reports should show monthly purchased permits and terminations, monthly vacancy by permit type; monthly waitlist numbers added and pulled from waitlist. ii.Monthly reporting/statements should show revenue by meter, by pay phone apps, by monthly permitted parking, and by citation type and location. EXHIBIT E: CITY OF BREMERTON ENFORCEMENT ZONES EXHIBIT F: ENFORCEMENT TYPE DEFINITIONS Enforcement Type 1: Monitoring and Ticketing and code enforcement in city owned lots and per Municipal Code 10.10 and of all parking services offered by the City. Location: DOWNTOWN AND SE ZONES Time: 7 days a week excluding City observed Holidays. Enforcement Type 2: Special Event Enforcement. provide enforcement as needed and determined by the City for larger functions at the parking facilities. Normally, the attendants will be required for one hour before and until one hour after the scheduled start time for the event Location: BREMERTON CITY LIMITS Time: As needed/requested basis only Enforcement Type 3: On-call Restricted Parking enforcement Monitoring and Ticketing and code enforcement per Municipal Code 10.10 and of all parking services offered by the City. Location: BREMERTON CITY LIMITS – all zones Time: 7 days a week excluding City observed Holidays Enforcement Type 4: Residential Enforcement and Monitoring of all zones that include residential properties and on-street timed parking per Muncipal Code 10.10. Location: BREMERTON CITY LIMITS – all zones Time: 7 days a week excluding City observed Holidays EXHIBIT G: CITY OF BREMERTON LOT, ZONE, AND METER LISTING Harborside - LOT 90 Meter Number Zone Type 25-0090-01 Downtown Garage 25-0090-02 25-0090-03 25-0090-04 25-0090-05 25-0090-06 25-0090-07 25-0090-08 Washington Ave -LOT 91 Meter Number Zone Type 25-0091-01 Downtown Garage 25-0091-02 25-0091-03 Park Plaza - LOT 92 Meter Number Zone Type 25-0092-03 Downtown Garage 25-0092-04 25-0092-05 25-0092-06 25-0092-07 25-0092-08 LOT 93 Meter Number Zone Type 25-0093-01 SE Off-street 25-0093-02 LOT 94 Meter Number Zone Type 25-0094-01 SE Off-street 25-0094-02 4th & Park -LOT 95 Meter Number Zone SE Type 25-0095-01 Off-street Burwell & Warren -LOT 96 Meter Number Zone Type 25-0096-01 SE Off-street Chester & Gregory -LOT 97 Meter Number Zone Type 25-0097-01 SE Off-street 5TH St. - LOT 98 Meter Number Zone Type 25-0098-01 SE Off-street EXHIBIT G: CITY OF BREMERTON LOT, ZONE, AND METER LISTING Venetta & 4th -LOT 99 Meter Number Zone Type 25-0099-01 SE Off-street 4th & High -LOT 100 Meter Number Zone Type 25-0100-01 SE Off-street Zone Name Parking types offered Downtown Core on-street off-street garage residential permitted NE on-street residential permitted NW on-street residential permitted SE on-street off-street residential permitted SW on-street residential permitted AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: June 26, 2019 Professional Services Agreement Modification No. 1 with Parametrix, Inc. for Engineering Services related to the Marine Drive Stormwater LID Retrofit Project COUNCIL MEETING Date: July 3, 2019 Department: PW & U Presenter: K. Ketterer Phone: (360) 473-5334 SUMMARY: Stormwater runoff entering Oyster Bay is often contaminated with oils and other materials that contribute to poor water quality in Oyster Bay; that in turn contributes to poor habitat for wildlife, including salmon and shellfish. The City was awarded a grant from the Department of Ecology to treat a portion of the stormwater entering Oyster Bay by installing 4 water quality vaults in 3 locations in West Bremerton. A contract modification is needed to extend the contract with Parametrix for the completion of the Marine Drive PS&E and to provide construction engineering services during construction of the project. ATTACHMENTS: 1) Contract Modification No. 1; 2) Professional Services Agreement; 3) Vicinity Map 4) Project Summary FISCAL IMPACTS (Include Budgeted Amount): The original not to exceed amount for the contract was $24,900 and was authorized under the Director’s budget authority. The contract modification will add $34,955, bringing the total contract amount to $59,855. Costs for the construction engineering services were anticipated as part of the project budget. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve Contract Modification No. 1 with Parametrix; and authorize the Mayor to finalize and execute the contract with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 5F Site 1 Site 2Site 3 Marine and Kitsap Way SW Treatment Site Vicinity Map Esri, HERE, Garmin, © OpenStreetMap contributors, and the GIS user community, Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community 1/14/2019, 11:33:53 AM 0 0.1 0.20.05 mi 0 0.15 0.30.07 km 1:9,028 USDA FSA, DigitalGlobe, GeoEye, CNES/Airbus DS | County of Kitsap, Esri, HERE, Garmin, iPC | Web AppBuilder for ArcGIS Project Scope: Active Grant Contract Oyster and Ostrich Bays have water quality problems that are exacerbated by the discharge of untreated stormwater. Ecolo- gy has awarded a grant to complete construction of the designed system to the City of Bremerton Stormwater Program. This project will install one Modular Wetland System (MWS) & 250’ of infiltration trench on Marine Drive at Dora Ave, and two Modular Wetlands Systems, south of Kelly Rd, to treat runoff prior to discharge into Oyster Bay. The MWS provides basic, enhanced, and phosphorus treatment, and will reduce fecal coliform in runoff from 34 acres that includes: 1.34 miles of ur- ban roads and 17.4 acres of pollution generating impervious surface. MARINE DRIVE & KITSAP WAY STORMWATER TREATMENT RETROFIT CONSTRUCTION PROJECT SCHEDULE 2018—2019 Aug Sep Oct Nov Dec Jan Feb Apr May Jun Jul Aug Sept Oct Key: Design/Ecology approval/Permiƫng Bid/Award ConstrucƟon The Kitsap Way Modular Wetland system will be installed in front of the Oyster Bay Inn on Kitsap Way to treat runoff from 1.5 acres of impervious area on Kitsap Way. MWS Treatment systems remove: 85% of total suspended solids (TSS) 66% dissolved copper, 50% total copper, 66% dissolved zinc, 69% total zinc, 95% motor oil / petroleum hydro- carbons, Total Phosphorus: 64% Ortho Phosphorus: 67% Nitrogen: 45% Phosphorus and nitrogen are nutri- ents that feed algae blooms, includ- ing cyanobacteria (blue-green toxic algae). The MWS will remove and retain debris, sediments, TSS, dissolved and parƟculate metals and nutrients including nitrogen and phosphorus, bacteria, BOD, oxygen demanding substances, organic compounds and hydrocarbons during frequent storm events and conƟnuous dry weather Water Quality Total Maximum Daily Load (TMDL): Sinclair and Dyes Inlets are 303(d) Listed water bodies for elevated fecal coli- form (FC). Oyster and Ostrich Bays are con- nected to Dyes Inlet. In the 1960’s FC and general polluƟon caused shellfish bed clo- sures. This project supports the water qual-ity cleanup plan. Combined Project Cost Budget: $1,000,000 Funding: $498K Ecology SFAP Grant Stormwater Fund Match: $502K Designer: Parametrix Inc, Bremerton Contractor: TBD Project Manager: KaƟe KeƩerer AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: June 26, 2019 Confirm Appointment of Tom Knuckey as the Director of Public Works & Utilities at Pay Band 22, Rate 6 of the 2019 Management, Professional, Confidential, and Fiduciary Salary Plan COUNCIL MEETING Date: July 3, 2019 Department: Executive Presenter: Mayor Greg Wheeler Phone: (360) 473-5266 SUMMARY: BMC Chapter 2.05, Section 2.05.020 (a) and Chapter 2.50, Section 2.50.032 (a) require Council confirmation for the appointment of a Department Director. Therefore, Council confirmation is requested to hire Thomas Knuckey as the City’s Director of Public Works and Utilities. Mr. Knuckey has been employed by the City of Bremerton for the past 24 years and has held the position of City Engineer for the past 8 years, prior to that he held the position of Managing Engineer for 12 years, and Civil Engineer II for 3.5 years. He has a Bachelor’s Degree in Civil Engineering from Saint Martins College and has a Washington State Professional Engineer’s License. The Mayor has negotiated a starting salary with Mr. Knuckey and proposes making this appointment at Pay Band 22 Rate 6. Per BMC 2.50.032(c)(3), in the event an employee is promoted from one classification to a higher classification the employee’s salary rate at the higher band shall be set at the next rate which is higher than the salary he or she was receiving at the former band. Any additional rate advancements shall require City Council approval. ATTACHMENTS: Letter of Engagement outlining the terms of his employment with the City of Bremerton. FISCAL IMPACTS (Include Budgeted Amount): Annual Salary is $146,920.56. This appointment does not require a budget adjustment. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to confirm Thomas Knuckey as the Director of Public Works and Utilities at Band 22 Rate 6 of the salary schedule; and authorize the Mayor to finalize and execute the attached Letter of Engagement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 5G Letter or Engagement – Thomas Knuckey Page 1 of 2 Thomas Knuckey RE: Letter of Engagement – Director of Public Works and Utilities Dear Tom: It is with great pleasure that I confirm your appointment to the position of Director of Public Works and Utilities pending City Council confirmation. Your position is FLSA exempt and included in the Management classifications under BMC 2.50 (copy attached) as follows: Position: Director of Public Works and Utilities Department: Public Works and Utilities Effective Date: July 4, 2019 Rate of Pay: $12,243.38 Monthly (Band 22, Rate 6) – Pending City Council Approval ($146,920.56 annually) Appointment/Removal: Mayor Supervisor: Mayor Vacation: 25 days per year Benefits: Pursuant to BMC Chapter 2.50 Severance: Pursuant to BMC 2.50.090 You are an “at will” employee and may be terminated by the City without cause at any time with thirty (30) days’ notice. You may be terminated for cause, without notice, and no severance pay shall be paid. Mayor Greg Wheeler greg.wheeler@ci.bremerton.wa.us Tel 360-473-5266 Fax 360-473-5883 345 6th Street, Suite 600 Bremerton, WA 98337-1873 Letter or Engagement – Thomas Knuckey Page 2 of 2 This letter shall constitute your terms and conditions of employment with the City and there are no other written or oral agreements that have not been set forth in this letter of engagement or covered by Chapter 2.50 of the Bremerton Municipal Code. Please sign below indicating your acceptance of our offer of employment as outlined above for the City of Bremerton. Sincerely, Greg Wheeler Mayor cc: Charlotte Nelson, Human Resources Manager ------------------------------------------------------------------------------------------------------------------- ACCEPTANCE OF JOB OFFER: I, Thomas Knuckey, hereby accept the appointment to position of Director of Public Works and Utilities (contingent on Council confirmation) effective July 4, 2019 under the terms and conditions as set forth in this Letter of Engagement. SIGNATURE: __________________________________ DATE: __________________ Thomas Knuckey AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: June 26, 2019 Confirm Appointment of Ned Lever as the City Engineer at Pay Band 20, Rate 5 of the 2019 Management, Professional, Confidential, and Fiduciary Salary Plan COUNCIL MEETING Date: July 3, 2019 Department: PWs & Utilities Presenter: Thomas Knuckey Phone: (360) 473-2376 SUMMARY: BMC Chapter 2.50.032 (c)(3) requires Council approval when an employee is promoted to a higher pay band and it is proposed that their salary be set higher than the next rate which is higher than the salary he or she was receiving at the former band. Therefore, the City is requesting Council approval to set Ned Lever’s salary at Rate 5 of Band 20. Mr. Lever has a Bachelor of Science in Civil Engineering from Gonzaga University and has a Washington State Professional Engineer’s License. He has worked for the City of Bremerton for 24 years and has held the position of Managing Engineer for the last 8 years, prior to that he was a Project Manager for 8 years, and a Civil Engineer III for 8 years. ATTACHMENTS: Letter of Engagement outlining the terms of his employment with the City of Bremerton. FISCAL IMPACTS (Include Budgeted Amount): Annual Salary is $129,856.32. This appointment does not require a budget adjustment. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to authorize initial placement of Mr. Lever’s salary at Rate 5 of Band 20 of the Management, Professional, Confidential, and Fiduciary Salary Plan. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 5H Letter of Engagement – Lever Page 1 of 2 Thomas Knuckey, Interim Director, Public Works and Utilities 100 Oyster Bay Avenue N. Bremerton, WA 98312 Telephone: 360-473-2376 Edwin T. Lever RE: Letter of Engagement – City Engineer Dear Ned: It is with great pleasure that I confirm your appointment to the position of City Engineer. Your new position is FLSA exempt and included in the Management classifications under BMC 2.50 (copy attached) as follows: Position: City Engineer Department: Public Works and Utilities Effective Date: July 4, 2019 Rate of Pay: $10,821.36 Monthly (Band 20, Rate 5) – Pending City Council Approval ($129,856.32 annually) Appointment/Removal: Director of Public Works and Utilities Supervisor: Director of Public Works and Utilities Vacation: 25 days per year Benefits: Pursuant to BMC Chapter 2.50 Severance: Pursuant to BMC 2.50.090 You are an “at will” employee and may be terminated by the City without cause at any time with thirty (30) days’ notice. You may be terminated for cause, without notice, and no severance pay shall be paid. This letter shall constitute your terms and conditions of employment with the City and there are no other written or oral agreements that have not been set forth in this letter of engagement or covered by Chapter 2.50 of the Bremerton Municipal Code. Letter of Engagement – Lever Page 2 of 2 Please sign below indicating your acceptance of our offer of employment as outlined above for the City of Bremerton. Sincerely, Thomas Knuckey Interim Director of Public Works and Utilities cc: Charlotte Nelson, Human Resources Manager ------------------------------------------------------------------------------------------------------------------ ACCEPTANCE OF JOB OFFER: I, Edwin Lever, hereby accept the appointment to position of City Engineer (pay rate contingent on Council approval) effective July 4, 2019 under the terms and conditions as set forth in this Letter of Engagement. SIGNATURE: ___________________________________ DATE: __________________ Edwin Lever AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: June 26, 2019 Professional Services Agreement with Murraysmith for the Pump Station 14 Relocation Project COUNCIL MEETING Date: July 3, 2019 Department: Engineering Presenter: Ned Lever Phone: (360) 473-2398 SUMMARY: Based on an evaluation of proposals provided by qualified consultants selected from the MSRC Consultant Roster, the City has selected Murraysmith to provide consulting and engineering services for the Pump Station 14 Relocation Project. This project involves replacement of the existing Pump Station with a new pump station that pumps from the E240 Zone to the E398 Zone. The new pump station will be located on City owned property near the intersection of Wheaton Way and Schley Blvd. This project also includes water main improvements to complete the loop between Homer Jones Drive and Schley Blvd. ATTACHMENTS: 1) Professional Services Agreement with Exhibit A: PS-14 Scope of Work & Exhibit B; PS-14 Fee Estimate 2) Project Summary FISCAL IMPACTS (Include Budgeted Amount): The project is in the approved 2019 budget for design. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Professional Services Agreement with Murraysmith in the amount of $378,564; 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 5I Bremerton/Murraysmith, Inc. June 2019 Pump Station 14 Relocation Page 1 of 7 PROFESSIONAL SERVICES AGREEMENT Pump Station 14 Relocation / Project #: 4545 The City of Bremerton (“City”) and Murraysmith, Inc., LLC (“Consultant”), referred to collectively as the “Parties,” enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated June 11, 2019, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.H of this Agreement. If the Scope of Work provides for unspecified additional services, such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed as provided for in the Estimated Schedule, which is included in the Scope of Work documents; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in Section IX.A of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $378,564. Consultant’s charges and bills shall conform to the fee schedule attached hereto as Exhibit B and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibits B. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit B. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. Bremerton/Murraysmith, Inc. June 2019 Pump Station 14 Relocation Page 2 of 7 IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City’s employees and other Consultants. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub -Consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-Consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City’s administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: A. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement except for that portion of the injuries and damages caused by the City’s sole negligence, unless Consultant is conducting work pursuant to Subsection B below. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. B. Architects, Engineers and Any Other Professional Listed In and Performing Services Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that Consultant’s services provided pursuant to this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY Bremerton/Murraysmith, Inc. June 2019 Pump Station 14 Relocation Page 3 of 7 FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-Consultants. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form prop erty damage; explosion, collapse and underground (XCU) if applicable; and 3. Excess Liability insurance with limits not less than 1,000,000 limit per occurrence and aggregate. 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim. 5. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an “occurrence” basis except professional liability insurance (if required), which may be provided on a “claims-made” basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any Bremerton/Murraysmith, Inc. June 2019 Pump Station 14 Relocation Page 4 of 7 operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City’s Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Tacoma, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City’s sole risk. C. Use of Photographs and Images. Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. Bremerton/Murraysmith, Inc. June 2019 Pump Station 14 Relocation Page 5 of 7 D. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub -consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. E. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Tacoma, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. F. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. G. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H. Modification: This Agreement may only be modified by written instrument signed by both Parties. I. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address: Consultant Address: City of Bremerton Murraysmith, Inc. Attn: Engineering Division 1145 Broadway Plaza, Suite 1010 345 Sixth Street, Suite 100 Tacoma, WA 98402 Bremerton, WA 98337 J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. K. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. Bremerton/Murraysmith, Inc. June 2019 Pump Station 14 Relocation Page 6 of 7 M. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. N. Attorneys’ Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney’s fees. O. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or sexual orientation except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party’s sending notice to the non-performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City Bremerton/Murraysmith, Inc. June 2019 Pump Station 14 Relocation Page 7 of 7 without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. X. Suspension & Debarment: For contracts involving Federal funding, Consultant hereby certifies, by signing this agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Consultant shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Consultant enter into a covered transaction with another firm, Consultant agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. CITY OF BREMERTON MURRAYSMITH, INC. (Signature) (Signature) By: Greg Wheeler By: (Print name) (Print name) its: Mayor its: Date: ___________________ Date: ____________________ Approved as to form: Attest: ______________________ ________________________ Bremerton City Attorney City Clerk R:\Legal\Legal\Contracts\FORMS\Professional Services Agreement Form (2016).doc City of Bremerton MURRAYSMITH Pump Station 14 Relocation June 2019 1 City of Bremerton Pump Station 14 Relocation Preliminary Design, Final Design, Bidding Support, and Construction Support SCOPE OF SERVICES Background Murraysmith, Inc. (Murraysmith) has developed the following scope of services and accompanying engineering fee estimate for preliminary design, final design, bidding support, and construction support services for the City of Bremerton (City) Pump Station 14 Relocation project. The scope and fee have been developed based on the previously completed alternatives evaluation, discussions with City staff, and our understanding of the project. Proposed Improvements This project involves the replacement of the existing Pump Station with a new pump station that pumps from the E240 Zone to the E398 Zone. The new pump station will be located on City Parks Department owned property near the intersection of Wheaton Way and Schley Boulevard. The pumping capacity and configuration will be confirmed during preliminary design but is currently estimated to include two vertical turbine pumps with variable frequency drives (VFDs). The scope of this project also includes water main improvements to complete an E398 Zone loop between Homer Jones Drive and Schley Boulevard. The new pump station may include accessible bathroom facilities, as well as provisions for secondary chlorination, and an onsite standby generator. Overview The services defined herein consist of the following major tasks:  Task 1 – Project Management and Coordination  Task 2 – Data Collection, Field Investigations, and Utility Coordination  Task 3 – Preliminary Design  Task 4 – Final Design  Task 5 – Permitting  Task 6 – Bidding Support  Task 7 – Construction Phase Support  Task 8 – Management Reserve City of Bremerton MURRAYSMITH Pump Station 14 Relocation June 2019 2 G:\PDX_BD\Clients\Bremerton, City of\Pump Station 14 Replacement\Scope Fee\Bremerton PS 14_scope_Final.docx Preliminary Design, Final Design, Bidding Support, & Construction Support Scope of Services 1. Project Management and Coordination This task provides for project management and coordination through completion of design and bidding. 1.1 Monthly Progress Reports and Invoices. Prepare and submit electronic monthly invoice for review and approval by the City. Each invoice shall include the following information:  Billing period (start and end date) included in the invoice  Description of work accomplished for the billing period  Name, billing rate, and hours for each resource that worked on each task  Potential out-of-scope work items 1.2 Project Coordination Coordinate with City PM and manage project staff and subconsultants to ensure all services are in conformance with the scope of services, fee estimate, and schedule. 1.3 Project Schedule and Updates Develop and update the project schedule throughout the project. 1.4 Quality Assurance/Quality Control (QA/QC) Perform in-house quality assurance reviews of all deliverables. Provided by the City:  Timely review and processing of consultant invoices  Project Team contact information Assumptions:  The duration for design is estimated at 9 months and bidding and construction of the project is estimated to require up to 9 months.  Anticipated notice to proceed will be on or about July 1, 2019.  Project schedule will be developed and maintained using MS Project. City of Bremerton MURRAYSMITH Pump Station 14 Relocation June 2019 3 G:\PDX_BD\Clients\Bremerton, City of\Pump Station 14 Replacement\Scope Fee\Bremerton PS 14_scope_Final.docx Consultant Deliverables:  Up to nineteen (19) months of progress reports and invoices  Up to three (3) project schedule updates (PDF format) at 30%, 60%, and 90% deliverables. 2. Data Collection, Field Investigations, and Utility Coordination 2.1 Data Collection and Review Prepare a list of data needed for the project, submit to the City, and coordinate with the City during the data collection process. This includes preparing additional lists of data needed for the project, as necessary. Review data and information provided by the City and extract relevant information for the project. 2.2 Site Survey and Base Map Preparation Murraysmith’s surveying subconsultant, AES Consultants, Inc. (AES), will perform field surveying, and base mapping services for the pump station and associated improvements. Murraysmith will review the AutoCAD files of survey from AES and develop a base map suitable for design 2.3 Geotechnical Field Investigations and Reporting Murraysmith’s geotechnical engineering subconsultant, Robinson Noble, Inc. (Robinson Noble) will provide geotechnical engineering services consisting of subsurface explorations and analyses to develop recommendations for the pump station and site improvements. Field investigations will include observations and documentation of test pits excavated by City staff with a backhoe, with samples taken for laboratory analysis. The results of the subsurface investigations will be summarized in a report including seismic design parameters, foundation recommendations, excavation and shoring recommendations, and groundwater considerations. As needed, Robinson Noble will also complete a single Small Pilot Infiltration test and provide a supplemental letter summarizing infiltration testing results. Murraysmith will coordinate with the geotechnical engineer on location and size of proposed pump station improvements. Coordinate subsurface investigative tasks with geotechnical engineer, and review draft and final geotechnical reports. 2.4 Utility Coordination Coordinate with utility companies, request utility as-built plans, review information received, and incorporate pertinent information into the survey base map. City of Bremerton MURRAYSMITH Pump Station 14 Relocation June 2019 4 G:\PDX_BD\Clients\Bremerton, City of\Pump Station 14 Replacement\Scope Fee\Bremerton PS 14_scope_Final.docx Provided by the City:  Timely responses to data requests  Submission of One Call requests and field locating of utilities prior to field surveying  Perform excavation for completion of test pits and Small Pilot Infiltration test  Supply water for completion of Small Pilot Infiltration test Assumptions:  City will provide available data within two (2) weeks of request  The site survey will include a title report search to obtain boundary and easement information for the subject property.  One day of test pit excavation will be performed. The City will perform the excavation under the guidance of the geotechnical engineer. It is estimated that test pits will be completed at three to four locations. Consultant Deliverables:  Data request list(s)  Draft and final geotechnical reports will be submitted electronically to the City in PDF format. 3. Preliminary Design This task will include coordination with City staff on key design elements, development of preliminary plans to the 30% completion level, and development of a project report for submittal to DOH. 3.1 Design Criteria Develop design criteria for the proposed improvements based on City standards, regulatory agency requirements, completed services by subconsultants, and coordination with the City on equipment preferences. 3.2 Pump Sizing and Selection Coordinate with the City on capacity requirements and planned operation of the pump station, considering pump runtimes, storage replenishment rates, and supply redundancy. Conduct hydraulic modeling to evaluate maximum flows that could be pumped from the proposed pump station to Reservoirs 12 and 13 without causing negative distribution system impacts. Develop system head curves based on detailed information on the interior layout and size of piping, control valves and meters within the pump station; also consider existing and proposed offsite water main size, material, and age. Select basis of design pumps based upon required flow and head conditions, available pump manufacturer data, and efficiencies. City of Bremerton MURRAYSMITH Pump Station 14 Relocation June 2019 5 G:\PDX_BD\Clients\Bremerton, City of\Pump Station 14 Replacement\Scope Fee\Bremerton PS 14_scope_Final.docx 3.3 Preliminary Pump Station and Site Layout Develop preliminary floor plan and elevation alternatives for the pump station. It is assumed the pump station will be constructed of split face concrete masonry units and that up to two (2) alternatives will be developed for City review and input. Murraysmith will coordinate with the City to review and select a preferred pump station layout to continue detailing during preliminary design. Develop up to two (2) preliminary site plan alternatives for City review and input. Perform a simplified Triple Bottom Line (TBL) evaluation with the City to select a preferred location on the site prior to proceeding further with preliminary design. Include at a preliminary level pump station building layout and orientation, emergency generator accommodations, access road, parking, valve and meter vaults, and preliminary piping layout for pump station inlet piping, outlet piping, and other major site features. Alternatives to be evaluated with the TBL evaluation include:  Locating the pump station in an area similar to the area shown on the City’s RFP for the project,  Locating the pump station on City land southeast of the area shown on the RFP, on the other side of the adjacent power lines, and  Park features to be incorporated with this project. Develop criteria that will be used to evaluate the alternatives. Coordinate with the City in developing criteria and provide a completed set of criteria to the City for review and comment prior to the workshop. Using a simplified TBL evaluation spreadsheet, participate in a workshop to select the preferred alternative. Following workshop with the City, finalize the TBL evaluation spreadsheet for inclusion in the Preliminary Design Report. 3.4 Stormwater Analysis Develop a conceptual drainage plan for use during the pre-submittal conference based on the Kitsap County Stormwater Management Manual and the City’s Stormwater Design and Construction Standards. 3.5 30% Preliminary Plans and Cost Estimate Prepare preliminary plans at the 30% completion level for the pump station and other proposed site improvements using the information developed in prior tasks. Preliminary plans will be developed at a 1”=20’ scale for site improvements and between ¼”=1’ and ½”=1’ scale for pump station improvements. Prepare a preliminary construction cost estimate for the proposed pump station and site improvements. City of Bremerton MURRAYSMITH Pump Station 14 Relocation June 2019 6 G:\PDX_BD\Clients\Bremerton, City of\Pump Station 14 Replacement\Scope Fee\Bremerton PS 14_scope_Final.docx 3.6 Preliminary Design Report Prepare a Preliminary Design Report that documents the project background, proposed improvements, design criteria, analyses, discussion of operations and maintenance requirements, cost estimate, and project schedule. Include in the appendix the 30% preliminary plans, and the technical memoranda from the services performed by subconsultants. The Preliminary Design Report will be prepared to fulfill the Department of Health (DOH) Project Report requirements for facility projects. Modify report based on City review comments and submit copies of final report to City and DOH. Submit the Preliminary Design Report and required DOH forms to DOH for review in accordance with the project report requirements for proposed facility projects. Coordinate with DOH staff as required and provide written responses to comments received from DOH’s review of the report. Provided by the City:  Input on equipment preferences, pump station capacity requirements, and proposed operation.  Input on preliminary pump station layout and preliminary site layout TBL evaluation criteria.  Meeting coordination, setup, and hosting for meetings at City Hall. Attendance at meetings and workshops.  Review of the preliminary design plans, project report, and preliminary construction cost estimate with one compiled written set of comments prior to the 30% review meeting.  Hydraulic model of water system Assumptions:  The proposed pumps will be vertical turbine pumps based upon City preferences.  Up to two (2) preliminary pump station facility layout alternatives will be developed for City review and input.  Up to two (2) preliminary site layout alternatives will be prepared for City review and input.  The hydraulic model provided by the City does not require calibration and its accuracy is sufficient to perform the analysis outlined in this scope. Hydraulic modeling will require no more than 10 hours.  The existing sanitary sewer on the site will not need to be relocated to facilitate construction of the new pump station.  No hoisting systems will be included with the design. Roof hatches will be provided for extraction of pumps/motors.  The pump station and ancillary rooms will be located within a single building.  Park-type features are anticipated to include bathrooms, a bench/drinking fountain, and provisions for a future park irrigation control system. A performance specification requiring the contractor to design the irrigation system will be included as part of the contract documents. City of Bremerton MURRAYSMITH Pump Station 14 Relocation June 2019 7 G:\PDX_BD\Clients\Bremerton, City of\Pump Station 14 Replacement\Scope Fee\Bremerton PS 14_scope_Final.docx  No landscaping design is included, but a Force Account line item may be included in the bid documents to facilitate minor planting.  The 30% preliminary plans will consist of up to 14 sheets.  The 30% preliminary plans will be updated to reflect City review comments prior to finalizing the Preliminary Design Report and submitting it to DOH.  The Preliminary Design Report will not require update following DOH review and approval.  The City review period will be three weeks.  The following workshops will be held at Bremerton City Hall and will be attended by up to three (3) Murraysmith staff. o Preliminary pump station facility, site layout, and pumping capacity workshop. o 30% review workshop. Consultant Deliverables:  Preliminary pump station layout figure(s) in PDF format.  Preliminary site layout figures in PDF format.  Preliminary site layout TBL evaluation spreadsheet, in Excel format.  Workshop agendas  Workshop summaries  An electronic copy (PDF format) of 30% preliminary plans at half size (11x17) and 30% preliminary construction cost estimate.  Draft and final Preliminary Design Report will be submitted to the City in Word and PDF formats.  One (1) hard copy of the Final Preliminary Design Report will be submitted to DOH. 4. Final Design This task will produce final design plans, specifications, and construction cost estimate (PS&E) for the project per the 30% preliminary plans and design elements documented in the Preliminary Design Report. Final design PS&E will be developed to the 60% and 90% completion levels for review by the City. Final Bid-Ready PS&E will incorporate all prior City review comments and be suitable for bidding. 4.1 60% Design Submittal Plans will be developed at a 1”=20’ or 1”=10’ scale for site improvements and piping plan/profile and between ¼”=1’ and ½”=1’ scale for pump station improvements and include details. Specifications will include the City’s front-end contract documents and general conditions and Murraysmith’s technical specifications in 2014 MasterFormat 48 Division CSI format. The cost estimate will be formatted to reflect the bid items in the bid schedule of the contract documents. PS&E developed by subconsultants will be reviewed for design consistency prior to incorporating into the design submittal. City of Bremerton MURRAYSMITH Pump Station 14 Relocation June 2019 8 G:\PDX_BD\Clients\Bremerton, City of\Pump Station 14 Replacement\Scope Fee\Bremerton PS 14_scope_Final.docx 4.2 90% Design Submittal Further develop the PS&E to the 90% completion level based on the 60% design submittal and modifications from the City’s review comments. PS&E developed by subconsultants will be reviewed for design consistency prior to incorporating into the design submittal. 4.3 Final Bid-Ready Document Submittal Further develop the PS&E to the 100% completion level based on the 90% design submittal and modifications from the City’s review comments. Submit stamped and signed bid-ready contract documents and plans to the City. Update bid proposal quantities to reflect a bid-ready design package. PS&E developed by subconsultants will be reviewed for design consistency prior to incorporating into the final submittal. Provided by the City:  Complete technical review of the design submittal documents and provide one compiled written set of comments for each submittal prior to the review meetings.  Standard front-end contract documents and specifications in MS Word format. Assumptions:  The 60% plan set will consist of up to 35 sheets. The 90% and final plan sets will consist of up to 40 sheets.  PLC and SCADA programming will be completed by others.  Telemetry, instrumentation and control designs for the project will be coordinated with L2, Inc., the City’s integrator, to ensure compatibility with the City’s existing system.  Arc flash studies are not included in this scope. This study will be addressed via specification and be a requirement of the construction contractor when equipment is known.  Landscaping plans will be limited to a single surface restoration sheet.  Final design services under Task 4 assume relocation of the existing sanitary sewer through the site will not be required..  Final design services under Task 4 assume construction of all facilities in a single building.  Technical specifications prepared by Murraysmith and subconsultants will be in 2014 MasterFormat 48 Division CSI format.  City review period is assumed to be 3 weeks for the 60% and 90% submittals.  The following workshops will be held at Bremerton City Hall and will be attended by up to three (3) Murraysmith staff. o Final design engineering workshop. o 60% review workshop. o 90% review workshop City of Bremerton MURRAYSMITH Pump Station 14 Relocation June 2019 9 G:\PDX_BD\Clients\Bremerton, City of\Pump Station 14 Replacement\Scope Fee\Bremerton PS 14_scope_Final.docx Consultant Deliverables:  Workshop agendas and summaries  Submission of 60% and 90% design packages includes: a. An electronic copy (PDF format) of the half size (11x17) plan set, specifications, and engineer’s opinion of probable construction cost; including MS Word documents of the specifications.  Submission of Final Bid-Ready package includes: a. An electronic copy (PDF format) of plan set (11x17 and 22x34), specifications, and engineer’s opinion of probable construction cost; including MS Word documents of the specifications and design drawings in AutoCAD. 5. Permitting 5.1 Pre-submittal Conference Prepare for and attend a City of Bremerton Department of Community Development pre- submittal conference with the City. 5.2 Permit Application Preparation and Support Prepare and submit complete application packages for the project associated with the new pump station construction. Murraysmith subconsultant, Grette Associates, will perform critical areas study necessary to support permitting and provide SEPA application assistance. Coordinate with the City permitting agencies during development of application packages. Develop and submit responses to agency review comments. Coordinate with agencies throughout the application review. Listed below are the permits/reviews/approvals anticipated for the new pump station construction.  Conditional Use Permit  Commercial Site Plan Review  Commercial Building Permit  DOH Construction Documents Review  SEPA Environmental Checklist Provided by the City:  Review draft application packages and environmental documents and provide one set of compiled review comments.  Payment of all permit application and review fees.  Act as lead for required coordination with state and federal park agencies. City of Bremerton MURRAYSMITH Pump Station 14 Relocation June 2019 10 G:\PDX_BD\Clients\Bremerton, City of\Pump Station 14 Replacement\Scope Fee\Bremerton PS 14_scope_Final.docx Assumptions:  Pre-submittal conference will be attended by up to two (2) Murraysmith staff.  City will submit applications to the reviewing agency and be the main contact person.  The project will disturb less than one acre of soils and will not have a discharge to a water of the state, thus an NPDES Construction Stormwater General Permit will not be required from the Washington Department of Ecology.  A Public Agency Exception process, which may be required if geologic hazards are identified on the site, is not included in this scope.  The following application packages are anticipated to be submitted following the 30% design submittal. o Conditional Use Permit o Commercial Site Plan Review o SEPA Environmental Checklist  The application packages for the Conditional Use Permit and Commercial Site Plan Review will consist of the same documents.  The following application packages are anticipated to be submitted following the 90% design submittal; alternatively, they will be submitted sooner as allowed by the agency. o Commercial Building Permit o DOH Construction Documents Review  No more than one response to agency compiled review comments are anticipated per application package. It is anticipated that each response may contain multiple items, including but not limited to updated plan sheets, responses to questions/comments, and additional design calculations.  It is anticipated that the SEPA determination issued by the City will be a Determination of Non-Significance or Mitigated Determination of Non-Significance. The City will accept this project as being “self-mitigating”. Consultant Deliverables:  Application packages (drafts for City review and finals for agency review) for the items listed under Task 5.2.  Responses to agency review comments. 6. Bidding Support This task includes services to assist the City on an as-needed basis during bidding and award of the project. 6.1 Bidder Inquiries and Addenda At the direction of the City and up to the budget amount respond to questions from bidders, subcontractors, equipment suppliers, and other vendors regarding the project, plans, and specifications. Prepare addenda for use by the City in issuing addenda. City of Bremerton MURRAYSMITH Pump Station 14 Relocation June 2019 11 G:\PDX_BD\Clients\Bremerton, City of\Pump Station 14 Replacement\Scope Fee\Bremerton PS 14_scope_Final.docx 6.2 Pre-bid Conference Attend a pre-bid conference for the project and provide support to the City for specific agenda items. Assumptions:  The City will coordinate with Builders Exchange for bid advertisement.  The City will take the lead in tasks associated with bid advertisement, addenda distribution, plan holder administrations, bid evaluation, bid tabulation etc.  The City will be the lead in receiving questions from bidders, subcontractors, equipment suppliers and other vendors.  Only at the request of the City will Murraysmith or its subconsultants provide support services during project bidding.  The Pre-bid Conference will be attended by up to two (2) Murraysmith team members. Consultant Deliverables:  Draft addenda for the City to distribute to plan holders.  Written responses to bidder’s questions as required. 7. Construction Support This task includes services to assist the City on an as-needed basis during construction of the project. 7.1 Construction Support At the direction of the City and up to the budget amount review specific construction submittals/resubmittals, assist with issuing clarifications to the construction contractor, assist with review of contractor changes and change order negotiation, conduct site visits, and participate in construction meetings including the pre-construction meeting. 7.2 Record Drawings Update design drawings to account for any deviations identified during construction. Assumptions:  The City will provide on-site inspection and will take the lead in administering and managing all aspects of the construction contract and communicating with the construction contractor.  Up to 100 hours are allocated for review and comment on submittals by Murraysmith.  Up to 32 hours are allocated for review and comment on requests for information (RFIs) by Murraysmith. City of Bremerton MURRAYSMITH Pump Station 14 Relocation June 2019 12 G:\PDX_BD\Clients\Bremerton, City of\Pump Station 14 Replacement\Scope Fee\Bremerton PS 14_scope_Final.docx  Up to 24 hours are allocated for site visits and attendance at construction meetings by Murraysmith  Only at the request of the City will Murraysmith or its subconsultants provide support services during project construction.  The City will provide markups for Murraysmith to develop record drawings Consultant Deliverables:  Responses to submittals, clarification, changes, etc. as requested by the City.  Inspection reports.  Record drawings 8. Management Reserve This task provides a management reserve allowance that may be used to address unforeseen tasks necessary for any of the project components. This allowance may only be utilized based on written authorization from the City’s project manager. Estimated Schedule Design and permitting for the pump station are estimated to begin in August 2019 and conclude in the first quarter of 2020. Bidding is estimated to be in April 2020. A more detailed project schedule will be developed after notice to proceed is provided by the City. Major milestones are anticipated as follows:  30% Submittal: October 2019  60% Submittal: December 2019  90% Submittal: February 2020  Final Submittal: March 2020  Bid Advertisement and Opening: April – May 2020  Construction: June – December 2020 ESTIMATED FEES Principal Engineer II Professional Engineer VIII Engineering Designer VIII Engineering Designer VII Professional Engineer VI Engineering Designer II Technician IV Administrative I Hours Labor Total PIC Electrical I&C Electrical Civil, Arch, Mech Civil, Arch, Mech CAD AES Consultants Robinson Noble CG Engineering Grette Associates $70.67 $58.85 $53.95 $46.59 $48.50 $34.57 $41.82 $27.85 $223 $185 $170 $147 $153 $109 $132 $88 Survey Geotechnical Structural Environmental Labor Multiplier 3.15 Casey Real Frayo Bourque Rostad Green Marx Steinberg Task 1 - Project Management and Coordination Task 1.1 - Monthly Progress Reports and Invoices 10 19 12 41 6,070$ 1.1 -$ -$ -$ 6,070$ Task 1.2 - Project Coordination 8 24 32 5,447$ 5,190$ 1.1 5,709$ -$ -$ 11,156$ Task 1.3 - Project Schedule and Updates 8 8 1,222$ 1.1 -$ -$ -$ 1,222$ Task 1.4 - Quality Assurance / Quality Control 52 52 11,576$ 1.1 -$ -$ -$ 11,576$ Task 1 Subtotal 70 0 0 0 51 0 0 12 133 24,316$ -$ -$ 5,190$ -$ 5,709$ -$ -$ 30,025$ Task 2 - Data Collection, Field Investigations, and Utility Coord. Task 2.1 - Data Collection and Review 1 2 4 4 11 1,640$ 1.1 -$ -$ -$ 1,640$ Task 2.2 - Site Survey and Base Map Preparation 6 8 14 1,971$ 8,800$ 1.1 9,680$ -$ 144$ 11,795$ Task 2.3 - Geotechnical Field Investigations and Reporting 1 5 3 9 1,313$ 11,300$ 1.1 12,430$ -$ -$ 13,743$ Task 2.4 - Utility Coordination 2 3 6 11 1,482$ 1.1 -$ -$ -$ 1,482$ Task 2 Subtotal 2 4 0 0 18 13 8 0 45 6,406$ 8,800$ 11,300$ -$ -$ 22,110$ -$ 144$ 28,660$ Task 3 - Preliminary Design Task 3.1 - Design Criteria 1 5 10 16 2,075$ 1.1 -$ -$ -$ 2,075$ Task 3.2 - Pump Sizing and Selection 1 25 10 36 5,131$ 1.1 -$ -$ -$ 5,131$ Task 3.3 - Preliminary Pump Station and Site Layout 1 35 40 40 116 15,195$ 1,280$ 1.1 1,408$ -$ 720$ 17,323$ Task 3.4 - Stormwater Analysis 1 35 20 56 8,204$ 1.1 -$ 250$ 360$ 8,814$ Task 3.5 - 30% Preliminary Plans and Cost Estimate 1 10 8 10 30 40 40 139 19,112$ 1.1 -$ -$ 720$ 19,832$ Task 3.6 - Preliminary Design Report 1 25 40 8 3 77 9,715$ 1.1 -$ -$ 144$ 9,859$ Task 3 Subtotal 6 10 8 10 155 140 108 3 440 59,432$ -$ -$ 1,280$ -$ 1,408$ 250$ 1,944$ 63,034$ Task 4 - Final Design Task 4.1 - 60% Design Submittal 16 16 14 25 80 110 80 10 351 48,192$ 10,190$ 1.1 11,209$ 250$ 1,440$ 61,091$ Task 4.2 - 90% Design Submittal 16 30 28 48 70 100 70 8 370 52,433$ 11,790$ 1.1 12,969$ 250$ 1,260$ 66,912$ Task 4.3 - Final Bid Ready Document Submittal 8 10 10 10 60 80 30 6 214 29,158$ 7,130$ 1.1 7,843$ -$ 540$ 37,541$ Task 4 Subtotal 40 56 52 83 210 290 180 24 935 129,783$ -$ -$ 29,110$ -$ 32,021$ 500$ 3,240$ 165,544$ Task 5 - Permitting Task 5.1 - Pre-submittal Conference 8 4 12 1,658$ 1.1 -$ -$ -$ 1,658$ Task 5.2 - Permit Application Preparation and Support Critical Areas Study 1 2 3 371$ 5,700$ 1.1 6,270$ -$ -$ 6,641$ SEPA Environmental Checklist 1 5 6 697$ 5,200$ 1.1 5,720$ -$ -$ 6,417$ Conditional Use Permit 2 5 7 850$ 1.1 -$ -$ -$ 850$ Commercial Site Plan Review 3 5 1 9 1,135$ 1.1 -$ -$ 18$ 1,153$ Commercial Building Permit 3 7 2 12 1,484$ 1.1 -$ -$ 36$ 1,520$ DOH Construction Documents Review 2 6 1 9 1,091$ 1.1 -$ -$ 18$ 1,109$ Task 5 Subtotal 0 0 0 0 20 34 4 0 58 7,285$ -$ -$ -$ 10,900$ 11,990$ -$ 72$ 19,347$ Task 6 - Bidding Support Task 6.1 - Bidder Inquiries and Addenda 2 4 4 8 8 26 3,960$ 1,660$ 1.1 1,826$ -$ -$ 5,786$ Task 6.2 - Pre-bid Conference 8 8 16 2,093$ 1.1 -$ -$ -$ 2,093$ Task 6 Subtotal 2 4 4 0 16 16 0 0 42 6,053$ -$ -$ 1,660$ -$ 1,826$ -$ -$ 7,879$ Task 7 - Construction Support Task 7.1 - Construction Support 12 20 10 10 40 64 156 22,626$ 12,300$ 1.1 13,530$ 250$ -$ 36,406$ Task 7.2 - Record Drawings 4 4 4 10 16 38 5,136$ 2,040$ 1.1 2,244$ -$ 288$ 7,668$ Task 7 Subtotal 12 24 10 14 44 74 16 0 194 27,763$ -$ -$ 14,340$ -$ 15,774$ 250$ 288$ 44,075$ Task 8 - Management Reserve 0 -$ 1.1 -$ -$ -$ 20,000$ Task 8 Subtotal 0 0 0 0 0 0 0 0 0 -$ -$ -$ -$ -$ -$ -$ -$ 20,000$ TOTAL 132 98 74 107 514 567 316 39 1847 261,038$ 8,800$ 11,300$ 51,580$ 10,900$ 90,838$ 1,000$ 5,688$ 378,564$ PUMP STATION 14 RELOCATION CITY OF BREMERTON PROPOSED FEE ESTIMATE Subconsultants Other Expenses Subconsultant Total with Markup CADD Units $18/hrSubconsultant Markup Multiplier City of Bremerton June 2019 G:\PDX_BD\Clients\Bremerton, City of\Pump Station 14 Replacement\Scope Fee\Bremerton PS14_fee estimate_Final Murraysmith, Inc. Engineers/Planners Pump Station 14 Relocation Page 1 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance No. 5371 updating Section 15.06.020 of the Bremerton Municipal Code (BMC) entitled “Service Connections and Expansion Fees and Charges” (General Facility Charges) Study Session Date: June 26, 2019 COUNCIL MEETING Date: July 3, 2019 Department: PW&U Presenter: Tom Knuckey Phone: (360) 473-237 SUMMARY: This update to the BMC provides clarifying language related to General Facility Charge (GFC) assessment, eliminates the Director’s ability to make administrative adjustments in fee amounts, and corrects language in the Assessment, Rate, Fee and Charge Schedule. ATTACHMENTS: 1) Ordinance No. 5371; 2) Exhibit A 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 pass Ordinance No. 5371 updating Section 15.06.020 of the Bremerton Municipal Code entitled “Service Connections and Expansion Fees and Charges”. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 5J 1 ORDINANCE NO. 5371 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Section 15.06.020 of the Bremerton Municipal Code entitled “Service Connection and Expansion Fees and Charges” relating to general facility charges. WHEREAS, the City Council desires to amend Section 15.06.020 entitled “Service Connection and Expansion Fees and Charges” relating to general facility charges and to make related changes; and WHEREAS, the City Council also desires to clarify that surface area impact for stormwater shall be considered to have paid their proportionate share of GFC for existing use as of October 7, 2004, which is the date that general facility charges for stormwater became effective; and WHEREAS, the City Council also desires to clarify that the intent of the footnote in Exhibit A “Assessments, Rates, and Charges for General Facility Charges” (the “Rate Schedule”) was to vest active pending projects in 2015 to the rates in effect in 2015 and in addition, the Rate Schedule is being amended to remove the footnote due to the fact that the terms of the footnote expired at the end of 2018; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 15.06.020 of the Bremerton Municipal Code entitled “Service Connection and Expansion Fees and Charges " is hereby amended to read as follows: 15.06.020 SERVICE CONNECTION AND EXPANSION FEES AND CHARGES (a) General Facility Charge. (1) A general facility charge (GFC) shall be charged on all new or expanded service connections to the utility system (water, wastewater, and stormwater). Existing approved connections for water and wastewater (including surface area impact for stormwater) within the system as of the effective date of this code shall be considered to have paid their proportionate share of the GFC for existing use. Surface area impact for stormwater as of October 7, 2004 shall also be considered to have paid their proportionate share of GFC for existing use. (2) The utility GFCs shall be adjusted annually as set forth in BMC 15.06.015 in addition to any other adjustments that may be made by the City Council. GFCs shall not vest. Any vesting requirements set forth in the Bremerton Municipal Code, including, but not limited to BMC 20.12.170, does not apply to utility GFCs. GFCs shall be paid at the current rate in effect at the time payment is made. (3) Parcels and/or facilities which have had utility services but have been inactive can request to have the inactive account reactivated. When the account is restored and/or expanded, the GFCs shall only be charged for the additional demand placed on the water, wastewater, or stormwater facilities. All appropriate GFCs (water/wastewater/stormwater) will need to be paid to reactivate the services. 2 (4) Parcels and/or facilities in which no utility services are present shall be defined as new undeveloped parcels and shall receive no credits and shall pay all applicable assessments, rates, fees, and charges. (5) Utility services are considered to be present if a water service or a sewer lateral is physically in place and historically served that parcel. Parcels that have utility services currently present, buthad their facilities have been removed and new facilities constructed will not have to pay additional GFCs, unless the meter size is increased. (6) Change of meter size for the parcel and/or facility, or change of IHSU, which is a reduction in GFCs will not be refunded or credited. (7) Change of meter size for the parcel and/or facility which is an increase of GFCs will require the customer to pay for the additional GFCs before work is performed. Similarly, an increase in surface area impact for stormwater shall require the customer to pay the net increase in IHSU before work is performed. (8) The calculation of the GFC for stormwater shall be based on the total number of IHSUs added to the parcels. (9) The calculation of the GFC for water shall be based on the meter size to be installed for a new or expanded water service. (10) The calculation of the GFC for wastewater shall be based on the meter size to be installed for the new or expanded water service. (11) Additional loading or change of use is defined as an increased demand for wastewater treatment from an existing building or structure. The additional loading may be the result of replacement or addition to an existing structure or facility, a change in use, or a fifteen percent (15%) or greater increase above the permitted volume or character of the wastewater constituents being discharged. (112) The calculation of GFCs for stormwater shall be based on the number of impervious hard surface units (IHSUs) as defined in BMC 15.01.020. However, all single-family residential parcels as defined in BMC 15.01.020 shall be one (1) IHSU. (123) All GFCs shall be assessed and paid at the time of execution of the utility service agreement and prior to occupancy of the new or expanded parcel and/or facilities and shall be in addition to rates and other fees, assessments, and charges established for utility service. A deferral of Payment of GFC fees for new building construction only for improvements common to multiple parcels on a plat may be proportionally allocated among those parcels with payment deferred as approved may be approved by the Director at his or her discretion through a written agreement with the customer. Any deferment shall be in a. For those properties located outside of the City’s corporate boundaries, such written agreement shall be recorded on the property. The agreement shall require that all deferred GFCs and related fees and costs shall be paid prior to issuance of building permits.final inspection approval of the permit. In consideration for the deferral, the customer shall pay the current GFC in effect at the time of payment, as set forth in BMC 15.06.015, as well as any outstanding recording fees and other fees and costs related to the deferral agreement. (b) Administrative Rate Adjustment. The Director is hereby authorized to make adjustments to the GFCs provided in this chapter and set forth in Chapter 3.01 BMC by increasing or decreasing the amount up to fifty percent (50%) above or below the set charges in accordance with the following provisions: (1) Review. Upon written application to the Director, an applicant may request review of an assessed GFC as applied to the specific developed property for which the charge 3 has been calculated. If the applicant disagrees with the Director’s determination, the applicant may request an additional review by submitting additional information along with a two hundred dollar ($200.00) review processing fee. The additional information shall include an analysis from a qualified engineer that is stamped and signed, specifying the reasons why the development should qualify for a lower GFC. The engineer’s analysis should include information demonstrating: i. That the impact of the proposed growth-related system costs of the development to the City’s utilities is less than the growth-related system costs of other similar developments; and ii. Why a reduced GFC for the development is equitable in the specific circumstance of the development. (2) Final Determination. The Director may uphold the earlier determination, revise the Director’s earlier determination based on the new information or accept an alternate calculation proposed by the applicant. (3) Appeal. The applicant may appeal the Director’s final determination to the Administrative Hearing Examiner pursuant to Chapter 2.13 BMC. The appellant may pay the GFC under protest during the appeal process. Appeals shall be filed within thirty (30) days following the date of issuance of the Director’s final determination. If an appeal is not timely filed, the Director’s determination shall become final. The appellant shall have the burden of proving that the Director’s decision was not supported by substantial evidence. The Administrative Hearing Examiner shall review and base his/her decision on the criteria established in subsection (b)(1) of this section as well as other related information. The decision of the Administrative Hearing Examiner shall be final. (c) Connection/Inspection Fee. A connection/inspection fee shall be charged for all service connections to the utility system. Additional fees may be charged if a reinspection is required as a result of the property owner/developer’s failure to comply with the correction notice from a prior inspection, inaccessibility of facilities for scheduled inspections, or an unsafe site. The connection/inspection fee shall be paid at the time of execution of the utility service agreement, or before building permit issuance, whichever occurs sooner. (d) Capital Reserves. The general facility funds collected under this chapter shall be deposited in the Utilities Capital Reserve Fund and used only for utility system capital improvements. SECTION 2. Rate Table Amended. The rate table for services regarding rates and fees relating to the Department of Public Works and Utilities for general facilities charges as established in Exhibit A of Ordinance No. 5358, is hereby amended as set forth in the attached Exhibit A of this ordinance, said exhibit is incorporated herein by this reference. SECTION 3. Corrections. The City Clerk and codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener, clerical, typographical, and spelling errors, references, ordinance numbering, section/subsection numbers and any references thereto. SECTION 4. Severability. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the 4 validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 5. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the___________ day of ____________________, 2019. _________________________________ ERIC YOUNGER, Council President Approved this ________ day of ________________________, 2019. _________________________________ GREG WHEELER, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ _________________________________ ANGELA WOODS, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the ________ day of ______________________, 2019. EFFECTIVE the ________ day of ______________________, 2019. ORDINANCE NO. ________. R:\Legal\Legal\Ordinances\Public Works & Utilities\BMC 15.06.020 GFC- Final.docx Exhibit A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE January 1, 2019 2019 Inside/Outside GENERAL FACILITY CHARGES Water based on meter size average normal flow 5/8” x 3/4" $6,074.00 1” $6,074.00 1” Commercial $8,322.00 1 1/2” Commercial $48,592.00 2” Commercial $48,592.00 3” Commercial $121,481.00 4” Commercial $242,962.00 Greater than 4” Case by Case Basis Wastewater based on meter size average normal flow 5/8” x 3/4" $7,089.00 1” $7,089.00 1” Commercial $8,791.00 1 1/2” Commercial $49,626.00 2” Commercial $49,626.00 3” Commercial $127,611.00 4” Commercial $255,221.00 Greater than 4” Case by Case Basis Stormwater (per IHSU) $3,261.00 The GFCs as amended and set forth in Exhibit A shall be effective January 1, 2016, January 1, 2017, and January 1, 2018 as noted, except that: 1) Projects with a complete building permit application or site development permit application which includes utility services filed with the City on or before December 31, 2015, or projects with land use approval granted by the City on or before December 31, 2015, shall be vested to the GFCs in effect on the date of filing the completed application or the date approval is granted if that amount is lower. 2)1) The Seattle Construction Index (SCI) set forth in BMC 15.06.020 shall not be applied to the January 1, 2016, January 1, 2017 and January 1, 2018 charges as established in Exhibit A unless otherwise approved by City Council. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Professional Services Agreement Modification No. 2 with Parametrix, Inc. for On-Call Development Engineering Services Study Session Date: June 26, 2018 COUNCIL MEETING Date: July 3, 2018 Department: PW&U Presenter: Tom Knuckey Phone: (360) 473-2376 SUMMARY: Parametrix, Inc., has been providing assistance with Development Engineering since the incumbent vacated the position. This work has been performed via a Professional Services Agreement that was executed on April 24, 2019 and amended on May 29, 2019 to increase the compensation to $25,000. This Contract Modification would add $45,000 to the contract to fund this assistance until approximately October 31, 2019, which should provide sufficient time for the vacant Development Engineer position to be filled. ATTACHMENTS: 1) Professional Services Agreement with Parametrix, 2) Contract Modification 1 to PSA, 3) Contract Modification 2 to PSA FISCAL IMPACTS (Include Budgeted Amount): None as the consultant is working approximately half-time. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve Contract Modification No. 2 to the Professional Services Agreement with Parametrix for Development Engineering On-call Services; 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 5K PROFESSIONAL SERVICES AGREEMENT On-Call Development Engineering Services The City of Bremerton ("City") and Parametrix ("Consultant"), referred to collectively as the"Parties," enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work,dated April 22,2019, including any attachments thereto,attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.H of this Agreement. If the Scope of Work provides for unspecified additional services such services shall 'only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit B;provided however,that additional time shall be granted by the City for excusable delays or extra work as provided for in Section IX.A of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement,the City shall pay Consultant in an amount not to exceed$15,000. Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit C. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit C. If a billing statement does not conform to this Agreement,the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field Page 1 of 7 Bremerton/Parametrix On-call Development Engineering Services Rev.07/2018 of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other Consultants. None of the benefits provided by the City to its employees, including,but not limited to,compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business&Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent,the City may withhold the delinquent amount,plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: A. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement except for that portion of the injuries and damages caused by the City's sole negligence, unless Consultant is conducting work pursuant to Subsection B below. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. B. Architects, Engineers and Any Other Professional Listed In and Performing Services Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that Consultant's services provided pursuant to this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. Page 2 of 7 Bremerton/Parametrix On-call Development Engineering Services Rev.07/2018 The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-contractors. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground XCU) if applicable; and 3. Excess Liability insurance with limits not less than $1,000,000 limit per occurrence and aggregate; and 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim; and 5. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a"claims-made"basis. The City shall be named as an additionnsured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant's insurance shill be prry and nortributory insurance as respects the City and shall contain a waiver subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative Page 3 of 7 Bremerton/Parametrix On-call Development Engineering Services Rev.07/2018 obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles("GAAP")to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it,or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement will be stored at the City's office in Bremerton, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. C. Use of Photographs and Images. Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. D. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in Page 4 of 7 Bremerton/Parametrix On-call Development Engineering Services Rev.07/2018 the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials,tools,or other articles used or held for use in connection with the work. E. Place of Work: The Consultant shall perform the work authorized under this Agreement at the City's offices in Bremerton, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. F. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral,that have not been set forth in the text of this Agreement. G. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H. Modification: This Agreement may only be modified by written instrument signed by both Parties. I.Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. Notices to be sent to: Notices to be sent to: CITY: CONSULTANT: Attn: Attn: David Dinkuhn City of Bremerton Parametrix, Inc. 345 6th Street, Suite 100 60 Washington Ave#390 Bremerton, WA 98337-1891 Bremerton, WA 98337 J.Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. K. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. Page 5 of 7 Bremerton/Parametrix On-call Development Engineering Services Rev.07/2018 M. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. N. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. O. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or sexual orientation except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non-performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state,or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work,the City may summarily terminate this Agreement. A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1)any acts of the federal government in controlling,restricting,or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2)any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10)calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City Page 6 of 7 Bremerton/Parametrix On-call Development Engineering Services Rev.07/2018 without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. X. Suspension & Debarment. For contracts involving Federal funding, Consultant hereby certifies, by signing this agreement, that neither it nor its principals are presently debarred, suspended,proposed for debarment,declared ineligible,or voluntarily excluded from participation in this transaction by any Federal department or agency. Consultant shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Consultant enter into a covered transaction with another firm,Consultant agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. IN WITNESS WHEREOF,the parties below have executed this Agreement. CITY: CONSULTANT: CITY OF BREMERTON PARAMETRIX V, B B P'ame: /h40 Print Nat : ., L . Ili(; c Its: C; Its: Date: 4//?s-J/ j 9 Date: t 9 APPROVED AS TO FORM:ATTEST: By: C--"--- r( 11Y' By: OP Roger A. Lubovich,Bretnertori City Attorney Angela W•• i s, City Clerk C:\Users\johnsjean1AppData\L.ocal\Microsoft\Windows\JNetCache\Content.Outbok\G23UNYS1190422_PSA-PMX Dev Engr.docx Page 7 of 7 Bremerton/Parametrix On-call Development Engineering Services Rev.07/2018 EXHIBIT A SCOPE OF WORK On-call services assumed initially at half time. Work is Professional Engineer review/approval of submitted documents(Plans, Studies)for a variety of private developments (residential, commercial, mixed use)to ensure compliance with City Design Standards and Code. The work involves coordination with a variety of City staff, developers and others. An amendment to this contract to extend the term and/or further define work scope is anticipated. EXHIBIT B SCHEDULE Work is to begin on April 22, 2019 and continue until June 3, 2019. EXHIBIT C COMPENSATION Compensation will be actual cost with a multiplier of 3.09. Rhiannon Fiala compensation is 118.84/h r. CONTRACT MODIFICATION AGREEMENT NO. 5975 BETWEEN THE CITY OF BREMERTON AND PARAMETRIX PROJECT On-Call Development Engineering Services CONSUL TANT Parametrix DATE 5/28/2019 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE On-Call Development Engineering Services AGREEMENT (the "Contract") entered into between the City of Bremerton and Parametrix on 4/24/19. All provisions in the Contract shall remain in full force and effect except as expressly modified by this document. For valuable consideration and by mutual consent of the parties, the modifications to the Contract are as follows: I. Section I. Scope • is modified as follows: No change to Scope -term is extended which will likely result in additional fee. Section II. Term , is modified as follows: The Consultant shall complete the work described in this Contract Modification Agreement by September 30, 2019. Section III. Compensation , is modified as follows: The original contract amount was Fifteen Thousand Dollars ($15,000.00). The City shall pay the Consultant for the additional work described above, based on time and materials, an amount not to exceed Ten Thousand Dollars ($10,000.00) for a total amended contract amount of Twenty-Five Thousand Dollars ($25,000.00). including this Contract Modification. II. Consultant accepts all requirements of this Contract Modification by endorsing below. Consultant further agrees that this Contract Modification constitutes full and final settlement of all of the Consultant's claims for contract time and for all costs of any kind, including without limitation, costs of delays related to any work either covered or affected by this Contract Modification, claims related to on-site or home office overhead, or lost profits. This Contract Modification does not limit the City's right to bring a claim for past performance. The undersigned consultant approves the foregoing Contract Modification as to the changes, if any, in the contract price specified for each item, including any and all supervision costs Contract Modification Rev. 07/18 Page I of2 and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work due to said Contract Modification. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Contract Modification shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a contract modification that is binding on the parties of this contract. In addition, Consultant warrants that it has or will inform the surety of this change, and shall take appropriate action to modify any bonds required under the contract to address this change. IN WITNESS WHEREOF, the parties have executed this Contract Modification on the day and year first written above. City Engineer / Public Works Director CONSULTANT ~~~~~-V!{illc,- lts: 33---,.....,_c_ t ea,,.\ (en.s.tJ:kt- Date: S /?ft lt o/ 'I APPROVED AS TO FORM: By: _____________ _ ROGER A. LUBOVICH, Bremerton City Attorney NOTICES TO BE SENT TO: Paremetrix, Inc. Attn: David Dinkuhn 60 Washington Ave. #390 Bremerton, WA 98337 THE CITY OF BREMERTON ? ATTEST: By: ___ ~------ ANGELA WOODS, City Clerk NOTICES TO BE SENT TO: City of Bremerton Attn: Engineering Division. 345 6th Street, Suite 100 Bremerton, WA 98337 R:\Legal\Legal\Forms\fORMS ON COBWEB\Contract Modification Rev . 07 2018 .docx Contract Modification Rev. 07/18 Page 2 of2 Page 1 of 2 Contract Modification Rev. 07/18 CONTRACT MODIFICATION NO. 2 FOR AGREEMENT NO. 5975 BETWEEN THE CITY OF BREMERTON AND PARAMETRIX PROJECT On-Call Development Engineering Services CONSULTANT Parametrix DATE 6/16/2019 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE On-Call Development Engineering Services AGREEMENT (the "Contract") entered into between the City of Bremerton and Parametrix on 4/24/19, and amended by Contract Modification No. 1 on 5/29/19. All provisions in the Contract shall remain in full force and effect except as expressly modified by this document. For valuable consideration and by mutual consent of the parties, the modifications to the Contract are as follows: I. Section I. Scope , is modified as follows: No change to Scope – term and compensation are extended. Section II. Term , is modified as follows: The Consultant shall complete the work described in this Contract Modification Agreement by October 31, 2019. Section III. Compensation , is modified as follows: The original contract amount was $15,000.00, and Contract Modification No. 1 increased the total contract amount to $25,000.00. The City shall pay the Consultant for the additional work described above, based on time and materials, an amount not to exceed $45,000.00 for a total amended contract amount of $70,000.00, including this Contract Modification. II. Consultant accepts all requirements of this Contract Modification by endorsing below. Consultant further agrees that this Contract Modification constitutes full and final settlement of all of the Consultant’s claims for contract time and for all costs of any kind, including without limitation, costs of delays related to any work either covered or affected by this Contract Modification, claims related to on-site or home office overhead, or lost profits. This Contract Modification does not limit the City’s right to bring a claim for past performance. Page 2 of 2 Contract Modification Rev. 07/18 The undersigned consultant approves the foregoing Contract Modification as to the changes, if any, in the contract price specified for each item, including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work due to said Contract Modification. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Contract Modification shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a contract modification that is binding on the parties of this contract. In addition, Consultant warrants that it has or will inform the surety of this change, and shall take appropriate action to modify any bonds required under the contract to address this change. IN WITNESS WHEREOF, the parties have executed this Contract Modification on the day and year first written above. City Engineer / Public Works Director approved to process _________________________ (Initials and Date) CONSULTANT THE CITY OF BREMERTON By: By: Print Name: Print Name: Its: Its: Date: Date: APPROVED AS TO FORM: ATTEST: By: By: ROGER A. LUBOVICH, Bremerton City Attorney ANGELA WOODS, City Clerk NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Mr./Mrs. Title City of Bremerton Engineering Dept. Address 1 Address 2 Phone/Fax R:\Legal\Legal\Forms\FORMS ON COBWEB\Contract Modification Rev. 07 2018.docx AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Confirm Appointment of Bill Mosiman to the Planning Commission Study Session Date: June 26, 2019 COUNCIL MEETING Date: July 3, 2019 Department: Executive Presenter: Mayor Wheeler Phone: (360) 473-5266 SUMMARY: The Mayor is seeking confirmation of the appointment of Bill Mosiman to the Planning Commission. Mr. Mosiman has been selected to fill the unexpired term Position 1, which ends on December 31, 2020. 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 confirm the appointment of Bill Mosiman to the Planning Commission Position No. 1, with a term expiration date of December 31, 2020. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 5L AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Collective Bargaining Agreement Between the City of Bremerton and the International Association of Firefighters Local 437 Study Session Date: June 26, 2019 COUNCIL MEETING Date: July 3, 2019 Department: Legal – HR Presenter: Charlotte Nelson Phone: (360) 473-5926 SUMMARY: Pursuant to RCW 41.56, negotiations have concluded between representatives of the City and the International Association of Firefighters Local 437 (IAFF) resulting in the attached Collective Bargaining Agreement for 2019 through 2021. The agreement includes a 3% wage adjustment for 2019, a 2.75% for 2020, and a 2.75% for 2021. The Collective Bargaining Agreement has been ratified by the IAFF membership. Council approval is required to implement this agreement. ATTACHMENTS: Collective Bargaining Agreement between the City of Bremerton and the International Association of Firefighters Local 437 FISCAL IMPACTS (Include Budgeted Amount): The projected additional cost of implementing this Collective Bargaining Agreement for 2019 is $384,758. STUDY SESSION AGENDA: ☒ No Presentation ☐ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Collective Bargaining Agreement between the City of Bremerton and the International Association of Firefighters Local 437; and to authorize a budget adjustment in the amount of $384,758, and further authorize the Mayor to finalize and execute the Collective Bargaining Agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 6A Schedule Average Shift HoursNear: 2,568 FMI Fire Marshal Captain (Non-Shift) MOI Medical Officer -Cpt (Non-Shift) Annual Monthly Semi-Monthly Non-Shift Hourly Non-Shift Overtime Shift/Hourly Shift/Overtime 130%, Semi-Mo Def Comp BCI Battalion Chief (Shift) Annual Monthly Semi-Monthly Non-Shift Hourly Non-Shift Overtime Shift/Hourly Shift/Overtime lJ6 Ct/u Semi-Mo Def Comp - BNI Battalion Chief -Training (Non-Shift) Annual Monthly Semi-Monthly Non-Shift Hourly Non-Shift Overtime Shift/Hourly Shift/Overtime 142°/o Semi-Mo Def Comp I Shift Hours Per Week: Step I Step 2 NIA NIA NIA NIA NIA NIA NIA I NIA NIA NIA NIA NIA NIA NIA NIA NIA Ste�2 NIA NIA NIA NIA N/A N/A NIA I NIA NIA NIA NIA NIA NIA NIA NIA I NIA Step 1 Step 2 NIA NIA N/A NIA N/A NIA N/A NIA NIA NIA NIA NIA NIA NIA NIA NIA APPENDIX A -IAFF SALARY SCHEDULE Detail Effective 1-1-21 to 12-31-21 2. 75% General Wage Adjustment with 5.50% Deferred Comp 49.39 I Step 5 Step 5 I 100% +1.25% Step3 Step 4 12 Months 6th Yr NIA NIA 122,757.12 124,291.68 NIA NIA 10,229.76 10,357.64 NIA NIA 5,114.88' 5,178.82 NIA NIA 59.02 59.76 NIA NIA 88.53 89.64 NIA NIA 47.80 48.40 NIA NIA 71.70 72.60 NIA NIA 281.32 284.84 Step 5 Step 5 1000/ct +1.25% Ster 3 Ster 4 12 Months 6th Yr NIA NIA 128,422.80 130,028.16 NIA NIA 10,701.90 10,835.68 N/A NIA 5,350.95 5,417.84 NIA NIA 61.74 62.51 NIA NIA 92.61 93.77 NIA NIA SO.OJ 50.63 NIA NIA 75.01 75.95 N/A NIA 294.30 297.98 Step 5 Step 5 100% +1.25% Step 3 Step 4 12 Months 6th Yr N/A NIA 134,088.48 135,764.64 NIA NIA 11,174.04 11,313.72 NIA NIA 5,587.02. 5,656.86 NIA NIA 64.47 65.27 NIA NIA 96.71 97.91 NIA NIA 52.22 52.87 NIA NIA 78.32 79.30 NIA NIA 307.29 311.13 Step 5 Step 5 Step 5 Step 5 Step 5 I +2.5% +3.75% +5% +6.5% +8% 11th Yr 16th Yr 21st Yr 26th Yr 31st Yr 125,826.00 127,360.56 128,894.88 130,736.40 132,577.68 10,485.50 10,613.38 10,741.24 10,894.70 11,048.14 5,242.75 5,306.69 5,370.62 5,447.35 5,524.07 60.49 61.23 61.97 62.85 63.74 90.74 91.85 92.96 94.28 95.61 49.00 49.60 50.19 50.91 51.63 73.50 74.39 75.29 76.36 77.44 288.35 291.87 295.38 299.60 303.82 -IStep 5 Step 5 Step 5 Step 5 Step 5 +2.5% +3.75% +5% +6.5% +8% 11th Yr 16th Yr 21st Yr 26th Yr 31st Yr 131,633.28 133,238.64 134,844.00 136,770.24 138,696.72 10,969.44 11,103.22 11,237.00 11,397.52 11,558.06 5,484.72 5,551.61 5,618.50 5,698.76 5,779.03 63.29 64.06 64.83 65.75 66.68 94.94 96.09 97.25 98.63 100.02 51.26 51.88 52.51 53.26 54.01 76.89 77.83 78.76 79.89 81.01 301.66 305.34 309.02 313.43 317.85 - Step 5 Step 5 Step 5 Step 5 Step 5 +2.5% +3.75% +5% +6.5% +8% 11th Yr 16th Yr 21st Yr 26th Yr 31st Yr 137,440.80 139,116.72 140,792.88 142,804.32 144,815.52 11,453.40 11,593.06 11,732.74 11,900.36 12,067.96 5,726.70 5,796.53 5,866.37 5,950.18 6,033.98 66.08 66.88 67.69 68.66 69.62 99.12 100.32 101.54 102.99 104.43 53.52 54.17 54.83 55.61 56.39 80.28 81.26 82.24 83.41 84.59 314.97 318.81 322.65 327.26 331.87 General Wage Adjustment applied to semi-monthly Firefighter pay at 100% (step 5). Step percentage and differential pay rates are calculated from said Firefighter 100% rate after annual General Wage Adjustment is applied. General Wage Adjustment will be calculated out to three decimal places. Longevity pay rates are calculated from the base differential rate at 100%. Published hourly wages are estimates and actuals may vary (due to penny rounding) and will be calculated by City payroll software system. 6B Pulled AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Resolution No. 3318 authorizing Intent to Impose a Sales and Use Tax for Affordable and Supportive Housing in Accordance with Substitute House Bill 1406 Study Session Date: June 26, 2019 COUNCIL MEETING Date: July 3, 2019 Department: Finance Presenter: Michael Riley Phone: (360) 473-5303 SUMMARY: House Bill 1406 authorizes the governing body of the City to impose a local sales and use tax for acquisition, construction or rehabilitation of affordable housing or facilities providing supportive housing, for the operations and maintenance costs of affordable or supporting housing, and for providing rental assistance to tenants. ATTACHMENTS: Resolution No. 3318 FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve Resolution No. 3318 authorizing Intent to Impose a Sales and Use Tax for Affordable and Supportive Housing in Accordance with Substitute House Bill 1406. . COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/18 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Professional Services Agreement with Transportation Solutions Inc. (TSI) for City Traffic Operations Model and Signal Study Study Session Date: June 26, 2019 COUNCIL MEETING Date: July 3, 2019 Department: Engineering Presenter: Shane Weber Phone: (360) 473-2354 SUMMARY: The Professional Services Agreement provides for creation of city-wide travel demand and signalized intersection operations models, two 6th Street and 11th Street Corridor Studies and draft code language to implement a concurrency management system. The first corridor study will evaluate a 6th Street Road Diet configuration consisting of a three-lane roadway (two-way plus center turn lane) and bike lanes. The second corridor study will evaluate a one-way couplet conversion for 6th Street and 11th Street with three lane roadways on both streets. The concurrency management scope will allow the compound effects to traffic from multiple development projects to be evaluated in a streamlined manner. ATTACHMENTS: 1) Professional Services Agreement FISCAL IMPACTS (Include Budgeted Amount): The study is budgeted in the Transportation Capital Fund and funded by the stormwater utility tax at $100,000. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☒ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Professional Services Agreement with Transportation Solutions Inc. (TSI) for City Traffic Operations Model and Signal Study; 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 6C Page 1 of 7 Bremerton/Transportation Solutions, Inc Bremerton Traffic Model and Signal Study Rev. 07/2018 PROFESSIONAL SERVICES AGREEMENT Bremerton Traffic Model and Signal Study The City of Bremerton (“City”) and Transportation Solutions, Inc. (“Consultant”), referred to collectively as the “Parties,” enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated June 5, 2019, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.H of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit B; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in Section IX.A of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $100,000. Consultant’s charges and bills shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit C. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit C. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. Page 2 of 7 Bremerton/Transportation Solutions, Inc Bremerton Traffic Model and Signal Study Rev. 07/2018 IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City’s employees and other Consultants. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City’s administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: A. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement except for that portion of the injuries and damages caused by the City’s sole negligence, unless Consultant is conducting work pursuant to Subsection B below. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. B. Architects, Engineers and Any Other Professional Listed In and Performing Services Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that Consultant’s services provided pursuant to this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE Page 3 of 7 Bremerton/Transportation Solutions, Inc Bremerton Traffic Model and Signal Study Rev. 07/2018 PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-contractors. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and 3. Excess Liability insurance with limits not less than $1,000,000 limit per occurrence and aggregate; and 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim; and 5. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an “occurrence” basis except professional liability insurance (if required), which may be provided on a “claims-made” basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. Page 4 of 7 Bremerton/Transportation Solutions, Inc Bremerton Traffic Model and Signal Study Rev. 07/2018 The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City’s Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (“GAAP”) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Redmond, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City’s sole risk. C. Use of Photographs and Images. Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Page 5 of 7 Bremerton/Transportation Solutions, Inc Bremerton Traffic Model and Signal Study Rev. 07/2018 Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. D. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. E. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Redmond, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. F. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. G. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H. Modification: This Agreement may only be modified by written instrument signed by both Parties. I. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. Notices to be sent to: Notices to be sent to: CITY: CONSULTANT: Attn: Shane Weber Attn: Victor Salemann City of Bremerton Transportation Solutions, Inc. 345 6th Street, Suite 100 8250 165th Avenue NE, Suite 100 Bremerton, WA 98337-1891 Redmond, WA 98052 J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. K. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. Page 6 of 7 Bremerton/Transportation Solutions, Inc Bremerton Traffic Model and Signal Study Rev. 07/2018 L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. M. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. N. Attorneys’ Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney’s fees. O. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or sexual orientation except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party’s sending notice to the non-performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. Page 7 of 7 Bremerton/Transportation Solutions, Inc Bremerton Traffic Model and Signal Study Rev. 07/2018 B. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. X. Suspension & Debarment. For contracts involving Federal funding, Consultant hereby certifies, by signing this agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Consultant shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Consultant enter into a covered transaction with another firm, Consultant agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. IN WITNESS WHEREOF, the parties below have executed this Agreement. CITY: CONSULTANT: CITY OF BREMERTON Transportation Solutions, Inc. By: By: Print Name: Print Name: Its: Its: Date: Date: APPROVED AS TO FORM: ATTEST: By: By: Roger A. Lubovich, Bremerton City Attorney Angela Woods, City Clerk R:\Legal\Legal\Forms\FORMS ON COBWEB\Professional Services Agreement Rev. 07 2018.docx Scope and Fee Estimate June 5, 2019 TO: Shane Weber Managing Engineer, Transportation City of Bremerton FROM: Andrew Bratlien, PE SUBJECT: Bremerton Traffic Modeling Scope and Fee Estimate OVERVIEW The City of Bremerton has requested that Transportation Solutions perform a series of traffic analysis tasks, including corridor analyses of 6th Street and 11th Street and development of citywide travel demand and intersection operations models. This document outlines the scope of work and estimated fees for the requested tasks. ANTICIPATED WORK TASKS This scope identifies four primary work tasks: 1.Project Administration 2.6th Street and 11th Street Corridor Studies 3.Citywide Traffic Models 4.Concurrency Management System The anticipated work tasks and individual activities for each task are described below. Task 1: Project Administration 1.01 Project administration and quality control. Prepare regular status reports and project cost invoices and perform ongoing quality control. Task 2: 6th Street and 11th Street Corridor Studies 2.01 Confirm project scope and understanding. Review analysis scope and objectives with City staff. Confirm analysis methods and assumptions, including study area, data collection requirements, and intersection Level of Service analysis methodology. Confirm scope, description, and limits of corridor alternatives: •6th Street Road Diet: Narrow 6th Street to three-lane section with nonmotorized facilities •6th Street / 11th Street Couplet Conversion: Convert 6th Street and 11th Street to a one- way couplet, including nonmotorized facilities on both routes. EXHIBIT "A" Shane Weber Bremerton Traffic Modeling Scope and Fee Estimate June 5, 2019 Page 2 of 5 2.02 Gather and review traffic data. Review intersection turning movement counts and signal timing plans provided by City and WSDOT staff. Identify additional count data required for model calibration. This scope includes budget for up to 25 PM peak hour intersection turning movement counts to be collected. 2.03 Develop 2019 PM intersection operations model. Develop an existing conditions intersection operations model in Synchro 9 software using turning movement count and signal timing plan data collected in activity 2.02. Intersection control type, channelization, and turn bay lengths will be confirmed through review of Google Earth and Bing Maps satellite imagery. Review intersection LOS results to identify existing intersection LOS deficiencies. 2.04 Review crash history. Obtain five-year crash history data from WSDOT for the 6th Street and 11th Street corridors. Analyze crash severity, causes, and trends to identify opportunities for safety improvements along each corridor. 2.05 Review land use assumptions. Review land use assumptions and Transportation Analysis Zone (TAZ) structure used in the WSDOT SR 16 Corridor Congestion Study. Confirm existing (2019) and future (2040) land use assumptions with City staff prior to travel demand model development. 2.06 Refine 2019 PM travel demand model street network. Refine and expand the 2019 PM peak hour travel demand model (Visum) street network used in the WSDOT SR 16 Corridor Congestion Study. The model network will be refined to include local cross-streets and intersection control in the 6th Street and 11th Street corridor study area. 2.07 Calibrate 2019 PM travel demand model. Refine the 2019 travel demand model trip generation, trip distribution, network inputs, and connector loadings as necessary to fit the most recent available intersection turning movement counts. 2.08 Confirm 2040 PM Baseline transportation improvement assumptions. Review current transportation improvement program and confirm baseline improvement assumptions with City staff. 2.09 Refine 2040 PM Baseline travel demand model. Apply land use growth forecasts and transportation improvement project assumptions to travel demand model to calculate 2040 PM peak hour Baseline travel demand forecast. 2.10 Develop 2040 PM Baseline intersection operations model. Apply transportation improvement project assumptions to Synchro model. Import 2040 Baseline travel demand forecast from Visum model. Review model results to identify future intersection LOS deficiencies. 2.11 Identify improvement alternatives for 6th Street and 11th Street corridors with consideration for intersection operations analysis, safety analysis, right-of-way constraints, property access, vehicle mobility, and non-motorized safety. Identify up to three corridor improvement alternatives and discuss alternatives with City staff. 2.12 Develop 2040 PM alternative travel demand and intersection operations models based on improvement alternatives identified above. Review results with consideration for intersection LOS standards. 2.13 Discuss corridor analysis findings with City staff. Present preliminary findings with City staff, including strengths and weaknesses of each improvement alternative. Identify a preferred improvement alternative for each study corridor. Shane Weber Bremerton Traffic Modeling Scope and Fee Estimate June 5, 2019 Page 3 of 5 2.14 Summarize findings and recommendations in report. Report will include summaries of safety and operations for 2019, 2040 Baseline, and 2040 Alternative scenarios. Recommended improvements will be identified. Task 2 Deliverables: 6th Street / 11th Street Corridor Study Report, intersection LOS reports, crash history data, intersection operations (Synchro) model files, travel demand (Visum) model files Task 3: Citywide Traffic Models 3.01 Expand 2019 PM travel demand model. Expand 2019 Visum street network and TAZ structure to include incorporated areas which were not included in the SR 16 Corridor Congestion Study model. Confirm existing and anticipated land use for areas not included in SR 16 model. Recalibrate Visum model to ensure consistency with the most recent turning movement counts. 3.02 Expand 2019 PM intersection operations model. Expand Synchro network to include intersections not included in 6th Street & 11th Street corridor study area. Use intersection turning movement counts and signal timing plans gathered in activity 2.02. 3.03 Confirm citywide transportation improvement projects. Confirm any additional Baseline transportation improvement projects not included in 6th Street & 11th Street study area. 3.04 Expand 2040 Baseline PM travel demand models. Expand 2040 Baseline Visum street network and TAZ structure to maintain consistency with 2019 citywide Visum model described above. Apply any transportation improvement projects identified in activity 3.03. 3.05 Expand 2040 Baseline PM intersection operations models. Expand 2040 Baseline Synchro model to maintain consistency with 2019 citywide model described in activity 3.02. Apply any transportation improvement projects identified in activity 3.03. 3.06 Summarize findings and recommendations in technical memo. Identify citywide intersection LOS deficiencies and transportation improvement program recommendations based on 2040 Baseline intersection LOS forecasts. Task 3 Deliverables: Citywide Traffic Model Summary Technical Memorandum, intersection LOS reports, citywide Synchro model files, citywide Visum model files Task 4 (Optional): Concurrency Management System This optional task would provide a comprehensive transportation concurrency review system for use by City staff or consultants. 4.01 Review concurrency management process with City staff. Discuss City’s current concurrency review process and identify current pipeline developments. 4.02 Develop concurrency management system. Develop concurrency management system, including data transfer macros customized to citywide Visum and Synchro networks identified above. 4.03 Demonstrate concurrency management system at in-person meeting with City staff. 4.04 Develop concurrency ordinance and fee schedule Shane Weber Bremerton Traffic Modeling Scope and Fee Estimate June 5, 2019 Page 4 of 5 COST ESTIMATE Based on the work tasks outlined above, we propose a budget not to exceed $100,000 for this work. Estimated budget by activity is summarized below. The estimated budget also includes direct costs of $3,150 for collection of up to 25 intersection turning movement counts, which would supplement intersection turning movement counts to be provided by City staff. Services will be billed on a time and materials basis. Additional work beyond the tasks identified above will be invoiced on a time and materials basis, unless otherwise agreed upon. Additional work cannot begin with written authorization. Work Task Estimated Budget ($) Task 1: Project Administration 1.01 Project administration & quality control 3,200 Task 1 Subtotal 3,200 Task 2: 6th Street & 11th Street Corridor Studies 2.01 Confirm project scope and assumptions 1,950 2.02 Gather and review traffic data 1,350 2.03 Develop 2019 intersection operations model 2,600 2.04 Review crash history 3,100 2.05 Review land use assumptions 6,050 2.06 Refine 2019 travel demand model street network 5,400 2.07 Calibrate travel demand model 4,050 2.08 Confirm 2040 Baseline transportation improvement assumptions 650 2.09 Refine 2040 Baseline travel demand model 4,050 2.10 Develop 2040 Baseline intersection operations model 4,050 2.11 Identify improvement alternatives for 6th St & 11th St corridors 3,650 2.12 Develop 2040 alternative travel demand and LOS models 6,350 2.13 Discuss corridor analysis findings with City staff 3,250 2.14 Summarize findings and recommendations in report 3,550 Task 2 Subtotal 50,050 Task 3: Citywide Traffic Models 3.01 Expand 2019 travel demand model 6,700 3.02 Expand 2019 intersection operations model 3,500 3.03 Confirm citywide transportation improvement projects 650 3.04 Expand 2040 travel demand models 6,050 3.05 Expand 2040 intersection operations models 4,050 3.06 Discuss citywide analysis findings with City staff 4,850 3.07 Summarize findings and recommendations in technical memorandum 4,050 Task 3 Subtotal 29,850 Task 4: Concurrency Management System 4.01 Review concurrency management process with City staff 800 4.02 Develop concurrency management system 5,450 4.03 Demonstrate concurrency management system 4,250 4.04 Develop concurrency ordinance and fee schedule 3,250 Task 4 Subtotal (Optional) 13,750 Direct Expense: Traffic Counts 3,150 Total 100,000 EXHIBIT "C" Shane Weber Bremerton Traffic Modeling Scope and Fee Estimate June 5, 2019 Page 5 of 5 SCHEDULE The anticipated date of completion for each work task is summarized below. We will begin work on the 6th Street and 11th Street corridor studies with your authorization. Based on existing workload and staff availability, we estimate completion of Task 2 in September 2019. Completion dates will be refined as necessary to satisfy City Council and Planning Commission deadlines. Task 3 will be completed in January 2020. The optional Task 4 will be completed in February 2020. Work Task Completion 1.Project Administration Ongoing 2.6th Street & 11th Street Corridor Studies September 2019 3.Citywide Traffic Models January 2020 4.Concurrency Management System February 2020 If the above proposal appears to meet your needs, please initiate a task order that we may sign and formally begin work. Thank you and sincerely, Transportation Solutions, Inc. Andrew L. Bratlien, PE EXHIBIT "B" Professional Services Agreement with Transportation Solutions, Inc . for City Traffic Operations Model and Signal Study July 3rd, 2019 Scope of Work Overview •The scope of work includes the following activities: •Citywide Traffic Models •6th Street and 11th Street Corridor Studies •Concurrency Management System Scope of Work –Citywide Traffic Models •Two models to evaluate long term transportation planning: •Travel Demand Model •Based on WSDOT SR16 model •Existing and future (horizon) model; 2019 and 2040 •Calibrated using actual traffic counts •Intersection Operations Model •25 intersections •Evaluate level of service (LOS) deficiencies •Recommend improvements for City Transportation Improvement Program (TIP) Bremerton Area Transportation Analysis Zones –From WSDOT SR16 Model Typical Synchro Intersection Output –Riddell Road at SR303 Scope of Work –6th Street and 11th Street Corridor Studies •Identifies up to three corridor improvement alternatives •Analysis considers •Safety •Intersection Operations / vehicle mobility •Right of Way constraints •Property access •Traffic demand impact on adjacent, competing corridors •Next steps •Communicate results to Mayor and Council Scope of Work –Concurrency Management •What is Concurrency? •Local agencies must ensure appropriate public facilities are evaluated and installed concurrent with new development •Planned Approach •Consultant will develop system model •City staff will utilize model to evaluate development impacts •Consultant will prepare ordinance amendment addressing modified approach •Benefits •Comprehensively evaluates transportation system impacts •Streamlines development review process and permitting •Reduces staff review times Schedule and Budget •Anticipated delivery schedule •6th Street & 11th Street Corridor Studies –September 2019 •Citywide Traffic Models –January 2020 •Concurrency Management –February 2020 •Total budget for the work is $100,000 Questions? Council District 1 Pat Sullivan Council District 2 Leslie Daugs Council District 3 Kevin Gorman Council District 4 Lori Wheat Council District 5 Michael Goodnow Council District 6 Richard Huddy