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02/05/2020 AGENDA PACKET
______________________________________________________________ CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 - Phone (360) 473-5280 * * * A M E N D E D * * * FEBRUARY 5, 2020 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 – January 2, 2020 C. Minutes of Study Session – January 8, 2020 D. Minutes of Study Session – January 22, 2020 E. Amendment No. 3 to Services Reimbursement Agreement with Kitsap Public Health District for Security Services at Salvation Army F. Amendment No. 1 to the Interlocal Agreement for Emergency Management Services between Kitsap County, and Cities of Bainbridge Island, Bremerton, Port Orchard, and Poulsbo G. Aquatic Lands Outfall Easement with the Washington State Department of Natural Resources for the 48” Stormwater Outfall located at Evergreen Rotary Park H. Interlocal Agreement with Kitsap County for the West Sound Stormwater Outreach Group I. Contract Modification Agreement No. 3 with Rice Fergus Miller, Inc. to provide Bid Specifications for Removal/Disposal of Hazardous Materials at Fire Stations No. 2 and No. 3 J. Purchase of 2020 Vehicles and Equipment K. Acceptance of Bid by Petersen Brothers, Inc. for the Removal and Replacement of 663-Linear Feet of Guardrail along the west side of the Warren Avenue Bridge L. Professional Services Agreement with HDR Engineering, Inc. for Design of the Naval Avenue Pedestrian and Bicycle Enhancements Project M. Forestland Response Agreement with the Department of Natural Resources, South Puget Sound Region, for Wildland Firefighting Support N. Confirm Appointment of Gunnar Fridriksson as the Stormwater Project Manager at Pay Band 15, Rate 8 of the 2020 Management, Professional, Confidential & Fiduciary Salary Plan Continued on back… 6. GENERAL BUSINESS A. Confirm Appointment of Patrick McGanney to the position of Fire Chief B. Resolution No. 3322 authorizing the extension of Wastewater Utility Services to the Property located beyond the City limits at 2525 State Route 3 C. Contract Modification Agreement No. 2 with the Bremerton Housing Authority for the City of Bremerton’s Rental Assistance Program 7. COUNCIL MEMBER REPORTS 8. EXECUTIVE SESSION – 15-Minutes to discuss "Potential Litigation" under RCW 42.30.110 (1)(i); action is anticipated... 9. 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. Making Bremerton Better for All Photo courtesy of Port of Bremerton 2020 State of the City Housing and Commercial Development Improvements •2019: Record year of permit valuations ($128+ million) with a total of 1,204 permits •2020: •2100+ homes and apartments and nearly 288,743 sq. ft. of commercial space in pipeline •Create infill development toolkit to increase number of developable properties for affordable housing –estimated 2,350+ residences would be added over 20 years January Permit Activity Jan 2016 Jan 2017 Jan 2018 Jan 2019 Jan 2020 $3,719,214 $5,247,827 $6,330,211 $5,371,742 $5,766,652 *January 2020’s permit valuation is $6.3 million (record breaking for a January). The permits submitted and currently under review as of February 1 equals $83.2 million. The total for both is $89.2 million. In all of 2019, which was a record breaking year, we approved permits that had a construction value of $128 million. One month in, we’ve got nearly 70% of last year’s activity in one month! Proactive Code Enforcement •2019: Completed first full year of proactive code enforcement; addressed 950+ issues as part of program •2020: Continue enhanced code enforcement program to address issues Affordable Housing Assistance 2019: •$100,000 in funding for Bremerton Rental Assistance Program –helped prevent eviction and maintain rental housing for 28 City residents •$100,000 in funding for City’s weatherization and minor home repair program; helped reduce heating and housing costs for 11 Bremerton residents 2020: •Additional $100,000 provided for City’s Bremerton Rental Assistance Program and new $100,000 match by Bremerton Housing Authority for total of $200,000 •Additional $100,000 for weatherization and minor home repair program Kitsap Lake Management Plan •2019: Aquatic vegetation control grant approved, began Lake analysis and testing of bacteria and vegetation in Lake, secured contract to test for toxic algae, began work on Lake clean up study •2020: Complete study and develop direction for Lake clean up and algae control to improve water quality Park Upgrades 2019: •Celebrated opening of Manette Park following $1.6 million renovation •Received total of $2 million in state grants for renovations and improvements: •Warren Avenue Park & Playfield •Kitsap Lake Park •Completed Evergreen Rotary Park improvements •Added seasonal park staff, increasing safety and extending park hours 2020: •Complete Warren Avenue Park/Playfield •Complete design for Kitsap Lake Park •Develop partnerships for funding of Pendergast Park field improvements Arts and Culture •2019: 6 art wraps, City Wayzgoose arts festival, completed selection of 6 new artist panels for installation on Wash. Ave wall; and appointed Tia Hudson as City’s first poet laureate •2020: 2-4 Art wraps, City Wayzgoose arts festival, continue 2nd year of poet laureate program, select and install three new artist wall panels on Wash. Ave., create City Arts online newsletter Police Support and Crime Reduction 2019: •Completed hiring of 8 new officers over last two years bringing police to full-level staffing. −Last time Police Department was fully staffed was 2007 •Ramped up vehicle and bicycle patrols: •Municipal Court filings rose from 1,296 to 1,762, significantly increased last half of year. −Jan. through June averaged 90 per month and jumped to average of 203 per month from July through Dec in 2019. •Implemented City’s Intelligence Led Policing initiative –analyzed real-time data to determine current issues, trends, and crime “hot spots” for response by patrol officers and City staff •Expanded Block Watch program in two neighborhoods. 71 neighborhoods enrolled. •Implemented Safe Place program. 35 businesses participating. Police Support and Crime Reduction 2020: •Continue full staffing of police and bicycle patrols to address issues in City •Upgrade video security cameras •Hire a lead evidence technician •Add one narcotics K9 •Continue to expand Block Watch program in neighborhoods •Continue implementation of Intelligence Led Policing initiative •Expand Safe Place program to additional organizations and businesses •Maintain the Navigator program Police Support and Crime Reduction 2019 Traffic Unit Statistics •Reports –1,533 •DUI arrests –51 •Arrests (all types) –185 •Injury hit and run investigations –5 •Vehicular assault investigations -3 •Fatal collision investigations –1 K9 Esco had: •43 tracks and 12 building searches •Resulted in 35 arrests and 3 evidence finds 2019 Bike Unit Statistics •Felony arrests –161 •Misdemeanor arrests –198 •Infractions –46 •Sex offender contact –14 •Trespass notices –159 •Reports written –676 Fire Reduction and Public Safety 2019: •Hired 4 new firefighters to increase efficiency and emergency response •1,790 life safety inspections completed •0 loss of life due to fire, 25 fires investigated •Responded to 9,335 incidents, avg response time 5:57 minutes •Placed Marine 20 fire boat and Ladder 1 fire vehicle in service; Marine 20 responded to 14 incidents since coming into service •Purchased a new paramedic unit for station 1 Marine 20 Fire Response On September 27, 2019 Bremerton Fire Department responded to a 51 foot boat fire in Dyes Inlet. Responding Bremerton units were Marine 20, Ladder 1, Battalion 1, Engine 2 and Medic 2. The boat operator and his two dogs were able to escape and returned safely to the marina. The boat operator was transported by Medic 2 to Harrison Medical Center for evaluation. Units were dispatched at 1455. M-20 exited the marina at 1504 and was on scene at in Dyes Inlet at 1510. Fire Reduction and Public Safety 2020: •Hire 3 additional firefighters to help reduce response times •Complete remodel of Fire Station’s two and three •Purchase a Wildland Fire Engine and new Paramedic unit •Expand Fire Ground Survival and Technical Rescue programs •Fully staff the training and emergency medical services divisions •Partner with Peninsula Community Health Services to better respond to opioid and mental health incidents Nuisance Property Abatement Program Two new programs allow City to clean up nuisance property. 2019 was first full year of implementation: •Court-appointed receiver program (RCW 7.60) •1 property completed in 2019 •Abatement program (RCW 35.80) •2 properties completed in 2019; 3 in progress/scheduled in 2020 Streets and Sidewalks Program 2019: •$6.4 million in grants awarded to increase City funding of streets, sidewalks, and bike lanes •Repaired 1,900 feet of sidewalks and installed 37 ADA curb ramps •Began design work to overlay 6th Street for Callow Ave and Naval Ave and Warren Ave to Pacific Ave, including new traffic signal at 6th and Park Ave •Began Warren Ave study to find and make safety and traffic improvements to corridor •Began design of Kitsap Lake Elementary Safe Routes to Schools and completed pedestrian improvements •Developed Citywide model of travel demand and traffic circulation for future street improvement planning; model used to assist in 6th and 11th corridor improvement study •Secured approval from Quincy Jones to use his name for Quincy Square and began design of project Streets and Sidewalks Program 2020: •Build and repair 2,500 feet of sidewalks, install 40 ADA curb ramps •Complete first full year of 5-year contract to eliminate 800 trip hazards on sidewalks across City •Begin 6th Street project –overlay from Callow to Naval and from Warren Avenue to Pacific Avenue •Begin Kitsap Lake Safe Routes to Schools project •Design Naval Avenue Road project (1st to 15th Streets) •Design Highway Safety Improvements project; design Kitsap Way bike lanes and SR 303 signal improvements •Complete Warren Ave/SR 3030 corridor improvement study •Complete design of East 11th St. and Perry Ave improvements •Design Washington Ave. and 11th St. improvements (roundabout project) •Design and construct downtown bike lane improvements (Complete Streets) •Develop Citywide wayfinding program, including signage improvements for Bridge-to-Bridge trail Medical Care Access •2019: Finished location of new CHI Franciscan/Harrison primary healthcare clinic on Kitsap Way •2020: Completion of CHI Franciscan/Harrison primary healthcare and residency program facility this year •Partnering on preferred site for urgent care location on Kitsap Way Diversity •2019: Created workforce diversity and inclusion plan to modernize City’s personnel policies and practices, completed mandatory implicit bias training by expert Dr. Bryant Marks for all City personnel •2020: Implement workforce diversity plan and updated Equal Employment Opportunity Program Parking 2019: •Created stakeholders group to discuss and assess transportation and parking issues in City •Began implementation of parking study recommendations •Started installation of new technology to streamline parking enforcement •Launched new pay online app for City parking lots and website information on parking in the City •Added ability to report parking issues via Bremerton 1 customer service phone app •Expanded free parking within the City •Began implementation of Smart Commuter program. Includes on-street vanpool and carpool parking that will create equivalent of 100 parking spaces or 2 lots Parking 2020: •Continue improving parking enforcement and availability of parking through use of new technology and expanded routes •Continue Smart Commuter program •Add weekend and evening rates in City garages •Develop incentives for multi-modal transit options in garages and lots •Update parking signage in the City garages and throughout the City •Update and improve our ADA signage throughout the City •Improve bike access in the downtown core Transportation 2019: •Celebrated arrival of Reliance and Lady Swift (two additional Kitsap Transit Bremerton ferries) and supported opening of City’s new Wheaton Way transit center/park and ride lot 2020: •Support efforts to make Reliance, Lady Swift, and Rich Passage 1 fully operational with a back up boat for fast ferry service •Review multi-modal transit options (buses, park and ride, van and carpool, bike lanes, pedestrian walkways, taxi, rideshare, etc.) and identify gaps to improve mobility in City Photo by Kitsap Transit Mental Health 2019: •Identified and rezoned site for future Pendleton Place permanent supportive housing and joined in efforts to fund project •Continued funding of Kitsap Connect and Navigator Programs 2020: •Continue support for development of Pendleton Place •Work on continuing City’s involvement in Kitsap Connect and Navigator programs •Launch mobile healthcare partnership with Peninsula Community Health Services and Bremerton Fire Department to better respond to opioid and mental health incidents Business Opportunity and Economic Growth 2019/2020: •Began implementation of City’s online service to streamline tax and licensing for businesses in 2019; continue implementation in 2020 •Started Harrison/Eastside Employment Center study in 2019; complete and adopt plan in 2020 •Began study of redevelopment of Callow Ave business district in 2019; complete revitalization plan for Callow Ave in late 2020 •Started Wheaton Way/SR 303 Corridor study in 2019; final report to be delivered in summer of 2020 Business Opportunity and Economic Growth 2020 (continued): •Working with Port of Bremerton to analyze economic benefits for expansion of Bremerton Airport •Discussions include potential job growth, business expansion and long-term prospects for Bremerton and region •Distribution center of 117,351 sq. ft. –major corporation to be announced soon! Snow and Ice Preparations 2019 •Purchased 1 new snow plow Fire truck and 1 auxiliary plow for installation on City vehicle = total of 6 snow plows and 2 auxiliary plows for snow/ice events •Trained 7 additional employees to operate snowplows •Launched GPS map of real-time snow removal/de-icing of City streets and updated snow routes map •Reviewed and updated all snow and ice response procedures and enhanced coordination with Dept. of Emergency Management, Kitsap County and others 2020 •Going forward, all new dump trucks will be equipped with plow blades •Two new 500-gallon brine applicators will be fabricated in-house for installation on existing trucks; primary use will be for residential streets Finance 2019: •Refinanced City parking garage bond debt, netting $1 million in savings to the City over the next 16 years •City’s Bond Rating was upgraded to AA2 from AA1 (Moody’s Rating Agency), reducing interest rates for City capital projects and making them more attractive for investors •Set up bidding and selected vendor for conference center and golf course 2020: •Complete transition to monthly water/sewer/stormwater billing for residents •Implement real time technology for meter reading and real time leak detection •Implement one-stop communications tool to inform residents during emergencies and weather events Naval Base Kitsap –Bremerton Transportation and Traffic Study 2019: •Met with Assistant Secretary of the Navy, legislators and OEA officials in Washington D.C. on funding proposal •Coordinated with NBK-Bremerton and submitted proposal with Office of Economic Adjustment (OEA) to fund $750,000 commuter transportation and traffic study 2020: •Begin commuter transportation and traffic study in partnership with Naval Base Kitsap- Bremerton •Final report will support future federal funding requests to help with parking, street improvements, sidewalks, bike facilities, commuter rail and other strategies Youth Academic and Civic Engagement 2019: •Continued 2nd year of Mayor’s Challenge program for 1-12 grade students to create science projects that help solve City issues and inspire community involvement •Launched Mayors Youth Leadership Award program to recognize top high school students in the Bremerton district •Met with Bremerton High School Youth Advisory Council along with City Council to hear input on community issues and ways to enhance civic engagement 2020: •Continue with Mayors Challenge, Mayors Youth Leadership Award and Bremerton High School Youth Advisory Council to engage and recognize youth involved in civic and leadership activities Making Bremerton Better for All Photo courtesy of Port of Bremerton 2020 State of the City AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: N/A Claims & Check Register COUNCIL MEETING Date: February 5, 2020 Department: Legal Services Presenter: Angela Hoover Phone: (360) 473-5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1. Check Numbers 387497 through 387670 and Electronic Fund Transfers V20727 through V20772 in the grand total amount of $2,672,029.96 2. Check Numbers 387671 through 387946 and Electronic Fund Transfers V20773 through V20859 in the grand total amount of $4,153,704.01 3. Regular Payroll for pay period ending December 31, 2019 in the amount of $866,329.99 4. Regular Payroll for pay outs for the pay period ending December 31, 2019 in the amount of $34,790.72 5. Regular Payroll for pay period ending January 15, 2020 in the amount of $933,516.08 6. Regular Payroll for pay outs for the pay period ending January 15, 2020 in the amount of $1,147.78 7. Retiree Payroll for pay period ending January 31, 2020 in the amount of 55,625.27 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 – January 2, 2020 Study Session Date: N/A COUNCIL MEETING Date: February 5, 2020 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes of Meeting held on January 2, 2020 are attached. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ☒ N/A STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the January 2, 2020 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, January 2, 2020 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, January 2, 2020, at 5:00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, with 2019 Council President Eric Younger presiding. Council Members present were Mike Simpson, Michael Goodnow, Lori Wheat, Kevin Gorman, Leslie Daugs, and Pat Sullivan. Also present were City Attorney Roger Lubovich; City Clerk Angela Hoover; 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. SWEARING-IN CEREMONY President Younger invited Judge James Docter to come forward to administer the Oath of Office for District 2 Council Member Leslie Daugs; District 4 Council Member Lori Wheat; and District 6 Council Member Mike Simpson. The Council Members were then seated at the dais for the remainder of the meeting. The Pledge of Allegiance was led by members of Boy Scout Troop No. 1506 followed by the Invocation provided by Stake President Kurt Wiest of the Bremerton Stake of the Church of Jesus Christ of Latter-Day Saints. COUNCIL OFFICER ELECTIONS President Younger opened nominations for 2020 Council President. Council Member Lori Wheat nominated Leslie Daugs. Council Member Kevin Gorman nominated Eric Younger. With no further nominations, President Younger called for a Vote: Voted in Favor of Younger: Goodnow, Younger, Gorman, Sullivan, Simpson Voted in Favor of Daugs: Daugs, Wheat By a vote of 5 to 2, Eric Younger was elected to serve as 2020 Council President; and remained seated as the Chair. He will also serve as Mayor Pro Tempore in the absence of Mayor Greg Wheeler. President Younger then opened nominations for 2020 Council Vice President. Council Member Pat Sullivan nominated Kevin Gorman. Council Member Lori Wheat nominated Leslie Daugs. With no further nominations, President Younger called for a Vote. Voted in Favor of Gorman: Simpson, Gorman, Sullivan, Younger, Goodnow Voted in Favor of Daugs: Wheat, Daugs By a vote of 5 to 2, Kevin Gorman was elected to serve as 2020 Council Vice-President. MAYOR’S REPORT Mayor Wheeler… Congratulated elected Council Members Leslie Daugs, Lori Wheat, and Mike Simpson; Hoped someday a fireworks display could be an annual New Year’s Eve tradition in Bremerton; Highlighted Permit Activity and Revenues; and Code Enforcement Activity; and City Council Reg. Mtg. Minutes Wednesday, January 2, 2020 Page 2 of 3 Recognized Allison Satter, Garrett Jackson, and Kelli Lambert for their recent promotions in the Department of Community Development. PUBLIC RECOGNITION Jane Rebelowski strongly reiterated her request that the City eliminate the 8-year tax credit for developers who build luxury apartments in Bremerton that a majority of residents can’t even afford. Roy Runyon referred to the Oath of Office taken by several Council Members tonight, and referring to an RCW, believes that the City is not in compliance by imposing a utility tax. Susan Longstreth, President of Soroptomist International of Greater Bremerton, read a proclamation from Mayor Wheeler where he proclaimed the Month of January 2020 as “Human Trafficking Awareness Month”. CONSENT AGENDA 7A – Claims & Check Register: Check Numbers 387354 through 387496, and EFT-V20676 through EFT-V20726 in the amount of $2,191,656.37; Regular Payroll for the pay period ending December 15, 2019 in the amount of $828,448.38; Regular Payroll (Voids, Re-Issue & Pay Outs) for the pay period ending December 15, 2019 in the amount of $1,141.85; and Retiree Payroll for the pay period ending December 31, 2019 in the amount of $51,923.37 7B – Minutes of Meeting – December 18, 2019 There were no questions or comments from the public… 06:05:08 M/S/C/U (Daugs/Gorman) Move to approve the CONSENT AGENDA as presented. GENERAL BUSINESS – There were no General Business Items tonight… COUNCIL MEMBER REPORTS Pat Sullivan congratulated Council Members Daugs, Wheat, and Simpson; and Council Chairs Younger and Gorman; and wished everyone a Happy New Year. Leslie Daugs wished everyone a Happy New Year; congratulated Community Development staff on their promotions, Council Members Wheat and Simpson, and Council Chairs Younger and Gorman; and looked forward to a great 2020. Kevin Gorman congratulated the new Council Members; appreciated support from everyone and looked forward to working together this year; and also thanked Council Member Daugs for her service as Vice President this past year. Lori Wheat congratulated Council Members on their elections, Chairs Younger and Gorman, and Department of Community Development staff on their promotions; thanked citizens who attend (and comment) Council Meetings; and hoped to see dialogue in the officer election process in the future that would possibly include candidate statements or comments on the reason(s) why they want to run for a Council Chair position. Michael Goodnow congratulated newly elected Council Members and promoted staff; and looked forward to 2020. Mike Simpson congratulated fellow Council Members; thanked neighbors who took the time to vote; and thanked Scouts for doing a great job on the Pledge of Allegiance and Mr. Wiest for the Invocation. City Council Reg. Mtg. Minutes Wednesday, January 2, 2020 Page 3 of 3 President Younger thanked Boy Scout Troop No. 1506 for providing the Pledge; and also acknowledged that Mr. Wiest who provided the Invocation is also an Eagle Scout. President Younger then announced that following adjournment of this meeting, the public was invited to attend a brief reception; and then the Council would reconvene for a Study Session for a briefing by the Council President regarding 2020 Council Committee Appointments. The Study Session adjourned at 6:40 PM. With no further business, President Younger adjourned the Council Meeting at 6:12 PM. Prepared and Submitted by: ______________________________ LORI SMITH Legislative Office Manager APPROVED by the City Council on the 5th day of February, 2020. ________________________________________ ERIC YOUNGER, City Council President Attest: ________________________________________ ANGELA WOODS, City Clerk EY:AW:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Meeting – January 8, 2020 Study Session Date: N/A COUNCIL MEETING Date: February 5, 2020 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes of the Study Session held on January 8, 2020 are attached. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ☒ N/A STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the January 8, 2020 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, January 8, 2020 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, January 8, 2020, at 5:00 PM, with Council President Eric Younger presiding. Council Members present were Mike Simpson, Michael Goodnow, Lori Wheat, Kevin Gorman, and Pat Sullivan. Council Member Leslie Daugs was absent. Lori Smith, Legislative Office Manager, was present to provide staff support. President Younger emphasized that the Study Session was open to the public but there would be no opportunities for input or participation; and announced that approved items by Council will be placed on the February 5, 2020 Council Meeting Agenda or as indicated. A. BRIEFINGS ON AGENDA ITEMS 1. Purchase of 2020 Property Insurance bound with Hartford Fire Insurance Company, Steadfast Insurance Company, and Lloyds of London Consent Agenda 2. Professional Services Agreement with Brown & Brown Insurance for Insurance Brokerage Services Consent Agenda 3. Amendment No. 3 to Services Reimbursement Agreement with Kitsap Public Health District for Security Services at Salvation Army Consent Agenda 4. Amendment No. 1 to the Interlocal Agreement for Emergency Management Services between Kitsap County and Cities of Bainbridge Island, Bremerton, Port Orchard, and Poulsbo Consent Agenda 5. Confirm Appointment of Patrick McGanney to the position of Fire Chief General Business 6. Aquatic Lands Outfall Easement with the Washington State Department of Natural Resources for the 48” Stormwater Outfall Pipeline located at Evergreen Rotary Park Consent Agenda 7. Interlocal Agreement with Kitsap County for the West Sound Stormwater Outreach Group Consent Agenda 8. Resolution authorizing the extension of Wastewater Utility Services to the Property located beyond the City Limits at 2525 State Route 3 Consent Agenda 9. Contract Modification Agreement No. 3 with Rice Fergus Miller, Inc. to provide Bid Specifications for Removal/Disposal of Hazardous Materials at Fire Stations No. 2 and No. 3 Consent Agenda B. GENERAL COUNCIL BUSINESS o Finance, Investment, and Parking Committee Briefing (12/10/19 Special Meeting) – 2019 Vice Chair Kevin Gorman o General Council Business was briefly discussed. With no further business, President Younger adjourned the Council Study Session at 6:42 PM. Prepared and Submitted by: ______________________________ LORI SMITH, Legislative Office Manager City Council Study Session Minutes Wednesday, January 8, 2020 Page 2 of 2 APPROVED by the City Council on the 5th day of February, 2020. ______________________________ Eric Younger, Council President ATTEST: ______________________________ Angela Woods, City Clerk EY:AW:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Study Session – January 22, 2020 Study Session Date: N/A COUNCIL MEETING Date: February 5, 2020 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes of the Study Session held on January 22, 2020 are attached. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ☒ N/A STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the January 22, 2020 Study Session Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 5D DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES Wednesday, January 22, 2020 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, January 22, 2020, at 5:00 PM, with Council President Eric Younger presiding. Council Members present were Mike Simpson, Michael Goodnow, Lori Wheat, Kevin Gorman, Leslie Daugs, and Pat Sullivan. Lori Smith, Legislative Office Manager, was present to provide staff support. President Younger emphasized that the Study Session was open to the public; and announced that except for Consent Agenda Items A1 through A3, there would be no opportunities for input or participation; and all other items approved by Council will be placed on the February 5, 2020 Council Meeting Agenda or as indicated. A. CONSENT AGENDA 1. Confirm Appointment of Maggie Rich to the Planning Commission 2. Purchase of 2020 Property Insurance bound with Hartford Fire Insurance Company, Steadfast Insurance Company, and Lloyds of London 3. Professional Services Agreement with Brown & Brown Insurance for Insurance Brokerage Services There were no questions or comments from the public… Motion was made by Daugs; and seconded by Wheat… Comments and questions were provided by Simpson and Gorman, with responses provided by Ms. Rich… 05:10:00 M/S/C/U (Daugs/Wheat) Move to approve the Consent Agenda as presented. B. BRIEFINGS ON AGENDA ITEMS 1. Purchase of 2020 Vehicles and Equipment Consent Agenda 2. Acceptance of Bid by Petersen Brothers, Inc. for the Removal and Replacement of 663- Linear Feet of Guardrail along the west side of the Warren Avenue Bridge Consent Agenda 3. Professional Services Agreement HDR Engineering, Inc. for Design of the Naval Avenue Pedestrian and Bicycle Enhancements Project Consent Agenda 4. Contract Modification Agreement No. 2 with the Bremerton Housing Authority for the City of Bremerton Rental Assistance Program General Business 5. Forestland Response Agreement with the Department of Natural Resources, South Puget Sound Region, for Wildland Firefighting Support Consent Agenda 6. Confirm Appointment of Patrick McGanney to the position of Fire Chief General Business C. GENERAL COUNCIL BUSINESS o Discussions included the “Joint Planning Workshop”; and “Priorities for the Association of Washington Cities (AWC) City Action Days Conference” – President Younger o General Council Business was briefly discussed. City Council Study Session Minutes Wednesday, January 22, 2020 Page 2 of 2 D. EXECUTIVE SESSION At 7:15 PM, President Younger announced a 15-Minute Executive Session to discuss “Potential Litigation” as allowed per RCW 42.30.110 (1) (i) and that no action was anticipated… With no further business, President Younger adjourned the Council Study Session at 7:30 PM. Prepared and Submitted by: ______________________________ LORI SMITH, Legislative Office Manager APPROVED by the City Council on the 5th day of February, 2020. ______________________________ Eric Younger, Council President ATTEST: ______________________________ Angela Woods, City Clerk EY:AW:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Amendment No. 3 to Services Reimbursement Agreement with Kitsap Public Health District for Security Services at Salvation Army Study Session Date: January 8, 2020 COUNCIL MEETING Date: February 5, 2020 Department: Financial Services Presenter: Melinda Monroe Phone: (360) 473-5306 SUMMARY: The City of Bremerton and the Kitsap Public Health District wish to amend a Services Reimbursement Agreement by extending the current term and expiration date of the agreement to December 31, 2020. This is a cooperative effort in which the City will reimburse the Kitsap Public Health District for its payments to the Salvation Army for security services located at its 6th Street facility. This amendment increases the reimbursement agreement by $30,000 for the extended term. The 2020 Non-Departmental budget includes $30,000 for this purpose. ATTACHMENTS: 1) Amendment No. 3 to the Services Reimbursement Agreement with Kitsap Public Health District and City of Bremerton; 2) Amendment No. 2 to the Services Reimbursement Agreement with Kitsap Public Health District and City of Bremerton FISCAL IMPACTS (Include Budgeted Amount): This item is included in the 2020 Non- Departmental Budget. 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 Services Reimbursement Agreement between the City of Bremerton and Kitsap Public Health District , and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 5E AMENDMENT NO. 3 TO SERVICES REIMBURSEMENT AGREEMENT BETWEEN CITY OF BREMERTON AND KITSAP PUBLIC HEALTH DISTRICT THIS AMENDMENT NO. 3 to the Services Reimbursement Agreement (“Agreement”) entered March 6, 2017, between the City of Bremerton and Kitsap Public Health District, referred to collectively as the “Parties,” for reimbursement of expenses for security services, is based upon the following recital of facts: WHEREAS, the current Agreement expires December 31, 2019; and WHEREAS, the Parties desire to extend the current term and reimbursement provisions of the Agreement; and WHEREAS, the Agreement requires modification to be made by written instrument signed by both Parties; NOW THEREFORE, the Parties hereby agree: 1. Section II of the Agreement, “Term,” is hereby amended to extend the expiration date of the Agreement to December 31, 2020. 2. Section III of the Agreement, “Reimbursement,” is hereby amended to increase the reimbursement to an amount not to exceed a total amount of One-hundred Twenty thousand dollars and 00/100 ($120,000.00), including the $90,000 already paid to reimburse for services in 2019, 2018, and in 2017. 3. All other terms of the Agreement as amended shall remain in full force and effect. IN WITNESS THEREOF, the Parties hereto have executed this Amendment No. 3 as of the date and year last written below. KITSAP PUBLIC HEALTH DISTRICT ______________________________ By: __________________________ Its: __________________________ DATE: _______________________ CITY OF BREMERTON ______________________________ By: __________________________ Its: __________________________ DATE: _______________________ APPROVED AS TO FORM: ______________________________ ROGER A. LUBOVICH, City Attorney ATTEST: ______________________________ ANGELA HOOVER, City Clerk R:\Legal\Legal\Contracts\FINANCE\Kitsap Public Health District Amendment 1.doc KPI-ID 1560,Amendment 1 (1877) AMENDMENT NO. 2 TO SERVICES REIMBURSEMENT AGREEMENT BETWEEN CITY OF BREMERTON AND KITSAP PUBLIC HEALTH DISTRICT THIS AMENDMENT NO. 2 to the Services Reimbursement Agreement ("Agreement") entered March 6, 2017, between the City of Bremerton and Kitsap Public Health District, referred to collectively as the "Parties," for reimbursement of expenses for security services, is based upon the following recital of facts: WHEREAS,the current Agreement expires December 31, 2018; and WHEREAS, the Parties desire to extend the current term and reimbursement provisions of the Agreement; and WHEREAS, the Agreement requires modification to be made by written instrument signed by both Parties; NOW THEREFORE, the Parties hereby agree: 1. Section II of the Agreement, "Term," is hereby amended to extend the expiration date of the Agreement to December 31, 2019. 2. Section III of the Agreement, "Reimbursement," is hereby amended to increase the reimbursement to an amount not to exceed Ninety thousand dollars and 00/100 ($90,000.00), including the $60,000 already paid to reimburse for services provided in 2017 and 2018. 3. All other terms of the Agreement as amended shall remain in full force and effect. IN WITNESS THEREOF,the Parties hereto have executed this Amendment No. 2 as of the date and year last written below. KITSAP P 4B I ' ALTH DISTRICT CITY OF BREMERTON BY: E i1iM tit Al By: Gee, c.J1,1ce.1Er Its: Its: M y o c DATE: 2(2 2/2 d/5 DATE: Z) ,-1 ) 261,9 APPROVED AS TO FORM:ATTEST: ROGERode t ) VICH, City Attorney A GE WOODS, City Clerk R:\Legal\LLegal\Contracts\FINANCE\Kitsap Public Health District Amendment l.doc AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: January 8, 2020 Amendment No. 1 to the Interlocal Agreement for Emergency Management Services between Kitsap County, and Cities of Bainbridge Island, Bremerton, Port Orchard, and Poulsbo COUNCIL MEETING Date: February 5, 2020 Department: Fire Presenter: Pat McGanney, Interim Fire Chief Phone: (360) 473-5380 SUMMARY: The Emergency Management Council started the process to review and update this Interlocal Agreement. The most significant proposed change is to remove the City of Bainbridge Island from Department of Emergency Management’s powers and duties. ATTACHMENTS: Interlocal Agreement FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the amendment to the Interlocal Agreement between Kitsap County, the cities of Bainbridge Island, Bremerton, Port Orchard, and Poulsbo for Emergency Management 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 5F AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: January 8, 2020 Aquatic Lands Outfall Easement with the Washington State Department of Natural Resources for the 48” Stormwater Outfall located at Evergreen Rotary Park COUNCIL MEETING Date: February 5, 2020 Department: Public Works & Utilities Presenter: Chance Berthiaume Phone: (360) 473-5929 SUMMARY: In 1995 the Evergreen Park 48” stormwater outfall was constructed in aquatic lands managed by Washington State Department of Natural Resources (DNR) with a 10-year lease agreement. The lease was extended in 2010 for an additional 10 years which expired June 14, 2019. A new lease is required for the City’s stormwater outfall to continue occupancy of the aquatic lands. The new lease is for 30 years, has specific requirements to show background sediment pollution values (Chevron Property Sediment Characterization Study, Parametrix 2006), and requires insurance coverage. The stormwater system collects and conveys runoff from 105 acres that includes 55% residential, 20% commercial, and 25% urban and residential roadways. ATTACHMENTS: 1) DNR lease documents; 2) Certificate of insurance; and 3) Drainage Area Map FISCAL IMPACTS (Include Budgeted Amount): An administration fee of $1,570 will be charged to complete the lease. This will be covered by Stormwater Utility operating funds and will not impact the budget. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to accept and authorize the Mayor to finalize and execute the lease with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 5G SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2016 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY Willis of Seattle, Inc. c/o 26 Century Blvd P.O. Box 305191 Nashville, TN 372305191 USA City of Bremerton Attn: Melisa Folmer 345 Sixth Street Suite 100 Bremerton, WA 983371873 Washington State Department of Natural Resources is included as an Additional Insured as respects to General Liability. State of Washington Department of Natural Resources Aquatic Resources Division PO Box 47027 Olympia, WA 98504 12/30/2019 1-877-945-7378 1-888-467-2378 certificates@willis.com Allied World Insurance Company 22730 Illinois Union Insurance Company 27960 W15024420 A 1,000,000 100,000 1,000,000 3,000,000 3,000,000 Y 5110-0088-01 02/01/2019 02/01/2020 A 1,000,000 02/01/202002/01/2019 Retention 5110-0088-01 500,000.00 B Environmental Pollution Liabilit Each OccurrencePPL G27270013 003 05/16/2019 05/16/2021 Aggregate 150774019045835SR ID:BATCH: $10,000,000 $5,000,000 Willis Towers Watson Certificate Center Page 1 of 1 Summary for City Council, 12/30/2019 Chance Berthiaume Evergreen Rotary Park Stormwater Outfall New DNR Lease In 1995, the Evergreen Rotary Park 42” stormwater outfall was constructed in aquatic lands managed by Washington State Department of Natural Resources (DNR) with a 10-year lease agreement. The lease was extended in 2010 for an additional 10 years which expired June 14, 2019. A new lease is required for the City’s stormwater outfall to continue occupancy of the aquatic lands. The new lease is for 30 years, has specific requirements to show background sediment pollution values (Chevron Property Sediment Characterization Study, Parametrix 2006), and requires insurance coverage. This is the location of the outfall: Figure 1 Outfall with new lease 42” Stormwater outfall Evergreen Rotary Park at Smith Cove Drainage area for the 42” Stormwater Outfall at Evergreen Rotary Park is highlighted in cream color. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: January 8, 2020 Interlocal Agreement with Kitsap County for the West Sound Stormwater Outreach Group COUNCIL MEETING Date: February 5, 2020 Department: Public Works & Utilities Presenter: Chance Berthiaume Phone: (360) 473-5929 SUMMARY: Kitsap County and West Sound cities have been working through an Interlocal agreement since 2008 to jointly develop, implement, and fund Municipal Stormwater Permit-required outreach. In 2012, the group assumed the name West Sound Stormwater Outreach Group (WSSOG), to represent the regional scope and to align with other similar groups across Puget Sound. The goals of the WSSOG are to pool funds to: 1. Work cooperatively to help meet the requirements for compliance with the Municipal Stormwater Permit for education designed to reduce or eliminate behaviors and practices that cause or contribute to adverse stormwater impacts. 2. Save costs by sharing expertise, expenses, and staff time for efficiency and to avoid duplication. 3. Jointly work to help fulfill education and outreach requirements of local Total Maximum Daily Loads (TMDLs), also known as Water Pollution Cleanup Plans. 4. Benefit citizens of the West Sound region by providing consistent outreach and messaging. 5. Gain enhanced access to federal, state, and other financial and technical support through coordination among Permittees with adjoining or shared geographic areas. This interlocal agreement authorizes the City of Bremerton to continue as a member of the WSSOG. ATTACHMENTS: 1) Interlocal Agreement with Kitsap County for the West Sound Stormwater Outreach Group 2) Fact Sheet FISCAL IMPACTS (Include Budgeted Amount): An amount not to exceed $20,214 per year will be allocated from the City of Bremerton Stormwater Utility to Kitsap County Surface and Stormwater Management to implement and coordinate the WSSOG program for three years from 2020 through 2022. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Interlocal Agreement with Kitsap County for Bremerton to participate in the West Sound Stormwater Outreach Group; 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 5H FACT SHEET FOR CITY COUNCIL WEST SOUND STORMWATER OUTREACH GROUP INTERLOCAL AGREEMENT The Department of Ecology issued National Pollutant Discharge Elimination (NPDES) permits to “Phase II” communities, including Kitsap County and each of its cities in 2007 and reissued new permits in 2013 and 2019. This permit requires permittees to develop a comprehensive stormwater program. In addition to storm system maintenance, monitoring, and prevention of erosion, the permit contains specific requirements for public outreach and involvement designed to prevent pollution of stormwater runoff. Kitsap County and its cities have been coordinating stormwater public outreach for many years and the Phase II permit makes this coordination even more important. In 2008, the Kitsap Peninsula Clean Runoff Collaborative was formed. In 2012, the cities of Port Angeles and Bainbridge Island joined and the group changed its name to “West Sound Stormwater Outreach Group” (WSSOG). The following are the group’s goals: 1. Work cooperatively to help meet the requirements for compliance with NPDES Phase II Municipal Stormwater Permit Section S5.C.1, Public Education and Outreach, through the implementation of education and outreach programs. 2. Realize cost savings and increase municipal resource efficiency by sharing expertise, expenses, and staff time to gain economies of scale and avoid duplication. 3. Jointly work to help fulfill education and outreach requirements of local Total Maximum Daily Loads (TMDLs), also known as Water Pollution Cleanup Plans. 4. Benefit citizens of the West Sound region by providing consistent outreach and messaging. 5. Gain enhanced access to federal, state, and other financial and technical support through coordination among Permittees with adjoining or shared geographic areas. The group successfully worked from 2008 – 2019 through previous 3-year ILAs and now proposes to extend our working relationship through 2022. WSSOG agrees to pool resources and funding to develop and implement stormwater education and outreach. Kitsap County provides the financial management and invoices for actual costs on a pro-rated basis based on percent of population. Bremerton’s share would be 14.0% and will not exceed $20,214 per year. These funds are budgeted in the Stormwater Utility by the Water Resources Division. The City’s representative on the WSSOG is an Environmental Technician from the Water Resources Division. It is recommended that the City continue to participate in this partnership to maximize our resources and provide effective and comprehensive stormwater pollution prevention outreach for the residents of Bremerton. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: January 8, 2020 Contract Modification Agreement No. 3 with Rice Fergus Miller, Inc. to provide Bid Specifications for Removal/Disposal of Hazardous Materials at Fire Stations No. 2 and No. 3 COUNCIL MEETING Date: February 5, 2020 Department: Public Works & Utilities Presenter: Tom Knuckey Phone: 360-473-2376 SUMMARY: On October 17, 2018 the city executed a Professional Services Agreement with Rice Fergus Miller, Inc. to design an interior remodel of Fire Stations No. 2 and No. 3. Contract Modification No. 1 was executed on June 10, 2019 for additional structural engineering and design work, per city DCD for required egress. Contract Modification No. 2 was to complete a Hazardous Material Inspection and Report for each Fire Station which is required before final design plans and permits can be completed. This proposed Contract Modification No. 3 is to provide bid specifications for removal/disposal of Hazardous Materials identified in the previous reports for each station. ATTACHMENTS: 1) Contract Modification Agreement No. 3; and 2) AIA Document G803 Amendment to the Professional Services Agreement FISCAL IMPACTS (Include Budgeted Amount): Fund are available for this Modification Agreement within the Fire Public Safety Bond Fund 316 budget of $981,531.00. The total cost of the design increase is approximately $118,000.00 and can be absorbed within the existing budget. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Contract Modification Agreement No. 3 for specifications for removal/disposal of Hazardous Materials with Rice Fergus Miller, Inc. 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 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Purchase of 2020 Vehicles and Equipment Study Session Date: January 22, 2020 COUNCIL MEETING Date: February 5, 2020 Department: PW&U/ERR Presenter: Milenka Hawkins-Bates Phone: (360) 473-5333 SUMMARY: The approved 2020 budget for Fund 510 includes replacement and purchase of vehicles and equipment as described in the attached summary. These vehicles are purchased via State Contract and the order will be placed February 6, 2020. The 2020 capital budget in the Police Special Operations Fund includes a purchase of a vehicle for drug investigations. The narcotics K-9 vehicle will now be purchased from Fund 510 and a budget adjustment is necessary to do a technical correction to move $80,000 from capital to an equipment interfund line item within Special Operations Fund budget. The 510 Fund will also need a budget adjustment to increase revenue and capital expenditures in the same amount. ATTACHMENTS: 1) Summary 2) Justification 3) Quotes FISCAL IMPACTS (Include Budgeted Amount): All of the vehicles identified on the equipment purchase list are budgeted in 2020. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the 2020 vehicle and equipment purchases as presented in the summary in the amount of $960,589.92, including Washington State Sales Tax; and approve a budget adjustment in the amount of $80,000 as described above. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 5J Department Replacing Vehicle #Description Criteria Met Surplus Purchasing Dealer State Cont # Amount Sales & Excise Tax *Equip Total Amount Streets 3021 2002 Ford F550 4x4 Crew X Surplus 2020 Ford F550 4X4 Dump & Snow Columbia Ford 05916 90,432.00$ 8,410.18$ 4,000.00$ 98,842.18$ Streets 3022 2002 Ford F550 4x4 Crew X Surplus 2020 Ford F550 4X4 Dump & Snow Columbia Ford 05916 90,432.00$ 8,410.18$ 4,000.00$ 98,842.18$ Forestry 0081 2004 Chev Colorado 4x4 X Surplus 2020 Ford F350 4X4 Columbia Ford 05916 46,993.00$ 4,370.35$ 3,400.00$ 51,363.35$ Police 1545 2006 Ford Expedition X Surplus 2020 Ford Interceptor AWD Hybrid Columbia Ford 05916 45,438.00$ 4,225.73$ 24,000.00$ 49,663.73$ Police 91563 2006 Ford Crown Victoria X Surplus 2020 Ford Interceptor AWD Hybrid Columbia Ford 05916 45,438.00$ 4,225.73$ 24,000.00$ 49,663.73$ Police 91564 2009 Ford Crown Victoria X Surplus 2020 Ford Interceptor AWD Hybrid Columbia Ford 05916 45,438.00$ 4,225.73$ 24,000.00$ 49,663.73$ Police 91566 2010 Ford Crown Victoria X Surplus 2020 Ford Interceptor AWD Hybrid Columbia Ford 05916 45,438.00$ 4,225.73$ 24,000.00$ 49,663.73$ Police 91567 2011 Ford Crown Victoria X Surplus 2020 Ford Interceptor AWD Hybrid Columbia Ford 05916 45,438.00$ 4,225.74$ 24,000.00$ 49,663.74$ Police 91569 2012 Ford Crown Victoria X Surplus 2020 Ford Interceptor AWD Hybrid Columbia Ford 05916 45,438.00$ 4,225.74$ 24,000.00$ 49,663.74$ Sewer 0321 1986 International Dump X Surplus 2021 International HV7000 Chasis RWC 01513 106,429.13$ 11,175.06$ -$ 117,604.19$ Dump Bed / Plow / Sander North End Truck 01117 121,375.90$ 10,923.83$ -$ 132,299.73$ WWTP New Funds in 451 | $95,000 2020 Ford F550 4X4 Dump & Snow Columbia Ford 05916 84,612.00$ 7,868.92$ -$ 92,480.92$ Police New Funds in 110 | $80,000 2020 Ford Interceptor K-9 AWD Hybrid Columbia Ford 05916 43,161.00$ 4,013.97$ 24,000.00$ 47,174.97$ * Equipment Cost not included in the total TOTAL 936,589.92$ 2020 Vehicle Purchase Summary - January 2020 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: January 22, 2020 Acceptance of Bid by Petersen Brothers, Inc. for the Removal and Replacement of 663- Linear Feet of Guardrail along the west side of the Warren Avenue Bridge COUNCIL MEETING Date: February 5, 2020 Department: PW&U Presenter: Hawkins-Bates Phone: (360) 473-5333 SUMMARY: This project is to remove and replace 663 Linear Feet (LF) of guardrail on the west side of the Warren Ave Bridge. Staff received a quote from Petersen Brothers of Sumner, WA in the amount of $28,805.88 which includes Washington State Sales Tax. Staff reached out to another company located in Oregon and they were unresponsive. ATTACHMENTS: Petersen Brothers Inc. Bid FISCAL IMPACTS (Include Budgeted Amount): Budget is in 2019 Trans Cap. Request funds to be carried over to 2020. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the bid received by Petersen Brothers Inc. in the amount of $28,805.88 which includes Washington State sales tax; 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 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: January 22, 2020 Professional Services Agreement with HDR Engineering, Inc. for Design of the Naval Avenue Pedestrian and Bicycle Enhancements Project COUNCIL MEETING Date: February 5, 2020 Department: Engineering Presenter: Chris Dimmitt Phone: (360) 473-2307 SUMMARY: In August 2019, the City accepted a Pedestrian and Bicycle Safety Program State Funding Grant through WSDOT to perform public outreach and design bicycle and pedestrian enhancements on Naval Avenue from 1st to 15th Streets. The City advertised a Request for Proposals and received proposals from four qualified design firms. Three firms were interviewed, and HDR was selected to perform the design. The Professional Services Agreement will be in WSDOT standard format, with its standard terms and conditions. ATTACHMENTS: 1) Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement with HDR Engineering, Inc. FISCAL IMPACTS (Include Budgeted Amount): The consultant fee for design is estimated at $614,400 and is fully funded by the grant. 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 HDR Engineering, Inc. for the design of the Naval Avenue Pedestrian and Bicycle Enhancements Project; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 5L Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Agreement Number: Firm/Organization Legal Name (do not use dba’s): Address Federal Aid Number UBI Number Federal TIN or SSN Number Execution Date Completion Date 1099 Form Required Yes No Federal Participation Yes No Project Title Description of Work Yes No DBE Participation Yes No MBE Participation Yes No WBE Participation Yes No SBE Participation Total Amount Authorized: Management Reserve Fund: Maximum Amount Payable: Index of Exhibits Exhibit A Scope of Work Exhibit B DBE Participation/SBE Plan Exhibit C Preparation and Delivery of Electronic Engineering and Other Data Exhibit D Prime Consultant Cost Computations Exhibit E Sub-consultant Cost Computations Exhibit F Title VI Assurances Exhibit G Certification Documents Exhibit H Liability Insurance Increase Exhibit I Alleged Consultant Design Error Procedures Exhibit J Consultant Claim Procedures Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 1 of 14 Revised 08/15/2019 THIS AGREEMENT, made and entered into as shown in the “Execution Date” box on page one (1) of this AGREEMENT, between the , hereinafter called the “AGENCY,” and the “Firm / Organization Name” referenced on page one (1) of this AGREEMENT, hereinafter called the “CONSULTANT.” WHEREAS, the AGENCY desires to accomplish the work referenced in “Description of Work” on page one (1) of this AGREEMENT and hereafter called the “SERVICES;” and does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary SERVICES; and WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish consulting services to the AGENCY. NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I. General Description of Work The work under this AGREEMENT shall consist of the above-described SERVICES as herein defined, and necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor, and related equipment and, if applicable, sub-consultants and subcontractors necessary to conduct and complete the SERVICES as designated elsewhere in this AGREEMENT. II. General Scope of Work The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit “A” attached hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed utilizing performance based contracting methodologies. III. General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress, and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days’ notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit “A.” The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the SERVICES in sufficient detail so that the progress of the SERVICES can easily be evaluated. The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 2 of 14 Revised 08/15/2019 Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required, per 49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will be shown on Exhibit “B” attached hereto and by this reference made part of this AGREEMENT. If the Prime CONSULTANT is a DBE certified firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY’s “DBE Program Participation Plan” and perform a minimum of 30% of the total amount of this AGREEMENT. It is recommended, but not required, that non-DBE Prime CONSULTANTS perform a minimum of 30% of the total amount of this AGREEMENT. In the absents of a mandatory UDBE, a voluntary SBE goal amount of ten percent of the Consultant Agreement is established. The Consultant shall submit a SBE Participation Plan prior to commencing work. Although the goal is voluntary, the outreach efforts to provide SBE maximum practicable opportunities are not. The CONSULTANT, on a monthly basis, shall enter the amounts paid to all firms (including Prime) involved with this AGREEMENT into the wsdot.diversitycompliance.com program. Payment information shall identify any DBE Participation. Non-minority, woman owned DBEs does not count towards UDBE goal attainment. All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit “C – Preparation and Delivery of Electronic Engineering and other Data.” All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this SERVICE, shall be without liability or legal exposure to the CONSULTANT. Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other party by (i) certified mail, return receipt requested, or (ii) by email or facsimile, to the address set forth below: If to AGENCY: If to CONSULTANT: Name: Name: Agency: Agency: Address: Address: City: State: Zip: City: State: Zip: Email: Email: Phone: Phone: Facsimile: Facsimile: IV. Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT titled “Completion Date.” The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the established completion time. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Page 3 of 14 Agreement Revised 08/15/2019 V. Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES, specified in Section II, “Scope of Work”. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov). The estimate in support of the Cost Plus Fixed Fee amount is attached hereto as Exhibits “D” and “E” and by this reference made part of this AGREEMENT. A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the CONSULTANT’S actual cost plus a fixed fee. The actual cost shall include direct salary cost, indirect cost rate, and direct non-salary costs. 1. Direct (RAW) Labor Costs: The Direct (RAW) Labor Cost is the direct salary paid to principals, professional, technical, and clerical personnel for the time they are productively engaged in work necessary to fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the direct salary costs billed to the AGENCY. 2. Indirect Cost Rate (ICR) Costs: ICR Costs are those costs, other than direct costs, which are included as such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall be made at the ICR rates shown in attached Exhibits “D” and “E” of this AGREEMENT. Total ICR payment shall be based on Actual Costs. The AGENCY agrees to reimburse the CONSULTANT the actual ICR costs verified by audit, up to the Maximum Total Amount Payable, authorized under this AGREEMENT, when accumulated with all other Actual Costs. A summary of the CONSULTANT’S cost estimate and the ICR percentage is shown in Exhibits “D” and “E”, attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT (prime and all A&E sub-consultants) will submit to the AGENCY within six (6) months after the end of each firm’s fiscal year, an ICR schedule in the format required by the AGENCY (cost category, dollar expenditures, etc.) for the purpose of adjusting the ICR rate for billings received and paid during the fiscal year represented by the ICR schedule. It shall also be used for the computation of progress payments during the following year and for retroactively adjusting the previous year’s ICR cost to reflect the actual rate. The ICR schedule will be sent to Email: ConsultantRates@wsdot.wa.gov. Failure to supply this information by either the prime CONSULTANT or any of their A&E sub-consultants shall cause the AGENCY to withhold payment of the billed ICR costs until such time as the required information is received and an overhead rate for billing purposes is approved. The AGENCY’s Project Manager and/or the Federal Government may perform an audit of the CONSULTANT’S books and records at any time during regular business hours to determine the actual ICR rate, if they so desire. 3. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT. (excluding Meals, which are reimbursed at the per diem rates identified in this section) These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges and fees of sub-consultants. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with WSDOT’s Accounting Manual M 13-82, Chapter 10 – Travel Rules and Procedures, and revisions thereto. Air, train, and rental car costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205-46 “Travel Costs.” The billing for Direct Non-Salary Costs shall include an itemized listing of the charges directly identifiable with the PROJECT. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. All above charges must be necessary for the services provided under this AGREEMENT. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 4 of 14 Revised 08/15/2019 4. Fixed Fee: The Fixed Fee, which represents the CONSULTANT’S profit, is shown in attached Exhibits “D” and “E” of this AGREEMENT. This fee is based on the Scope of Work defined in this AGREEMENT and the estimated person-hours required to perform the stated Scope of Work. In the event the CONSULTANT enters into a supplemental AGREEMENT for additional work, the supplemental AGREEMENT may include provisions for the added costs and an appropriate additional fee. The Fixed Fee will be prorated and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not previously paid in the progress payments will be covered in the final payment, subject to the provisions of Section IX entitled “Termination of Agreement.” 5. Management Reserve Fund (MRF): The AGENCY may desire to establish MRF to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $100,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the MRF is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the MRF shall be made in accordance with Section XIII, “Extra Work.” 6. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the MRF. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIII, “Extra Work.” No minimum amount payable is guaranteed under this AGREEMENT. B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of Actual Costs plus the ICR and calculated fee on a monthly basis during the progress of the work. Such billings shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under Section III, “General Requirements” of this AGREEMENT. The billings will be supported by an itemized listing for each item including Direct (RAW) Labor, Direct Non-Salary, and allowable ICR Costs to which will be added the prorated Fixed Fee. To provide a means of verifying the billed Direct (RAW) Labor costs for CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, Direct (RAW) Labor rates, and present duties of those employees performing work on the PROJECT at the time of the interview. C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent, if applicable, upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit; all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT has twenty (20) working days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 5 of 14 Revised 08/15/2019 D. Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for inspection by representatives of the AGENCY and the United States, for a period of six (6) years after receipt of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this AGREEMENT is initiated before the expiration of the six (6) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be performed by the State Auditor, WSDOT’s Internal Audit Office and/or at the request of the AGENCY’s Project Manager. VI. Sub-Contracting The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit “A” attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY and sub-consultant, any contract or any other relationship. Compensation for this sub-consultant SERVICES shall be based on the cost factors shown on Exhibit “E” attached hereto and by this reference made part of this AGREEMENT. The SERVICES of the sub-consultant shall not exceed its maximum amount payable identified in each sub- consultant cost estimate unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, indirect cost rate, direct non-salary costs and fixed fee costs for the sub-consultant shall be negotiated and substantiated in accordance with section V “Payment Provisions” herein and shall be memorialized in a final written acknowledgement between the parties. All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require each sub-consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With respect to sub-consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE’s Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT, sub-recipient, or sub-consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the recipient deems appropriate. VII. Employment and Organizational Conflict of Interest The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen’s Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 6 of 14 Revised 08/15/2019 Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a third party as a consequence of any act or omission on the part of the CONSULTANT’s employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly retired employees, without written consent of the public employer of such person if he/she will be working on this AGREEMENT for the CONSULTANT. VIII. Nondiscrimination During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub-consultants, subcontractors and successors in interest, agrees to comply with the following laws and regulations: Title VI of the Civil Rights Act of 1964 • Civil Rights Restoration Act of 1987 (42 U.S.C. Chapter 21 Subchapter V § 2000d (Public Law 100-259) through 2000d-4a) • American with Disabilities Act of 1990 • Federal-aid Highway Act of 1973 (42 U.S.C. Chapter 126 § 12101 et. seq.) (23 U.S.C. Chapter 3 § 324) • 23 CFR Part 200 • Rehabilitation Act of 1973 49 CFR Part 21 (29 U.S.C. Chapter 16 Subchapter V § 794) 49 CFR Part 26 • Age Discrimination Act of 1975 • RCW 49.60.180 (42 U.S.C. Chapter 76 § 6101 et. seq.) In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit “F” attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit “F” in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX. Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged and any appropriate fixed fee percentage at the time of termination of this AGREEMENT, plus any direct non-salary costs incurred up to the time of termination of this AGREEMENT. No payment shall be made for any SERVICES completed after ten (10) days following receipt by the CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 7 of 14 Revised 08/15/2019 date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the SERVICES required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth in paragraph two (2) of this section. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT’s failure to perform is without the CONSULTANT’s or its employee’s fault or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs and appropriate fixed fee percentage in accordance with the termination for other than default clauses listed previously. The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any member, partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT’s supervisory and/or other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee. The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s) of this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT as set forth in the second and third paragraphs of this section. Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X. Changes of Work The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under section XIII “Extra Work.” XI. Disputes Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within 10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer’s decision, that decision shall be subject to judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit “J”. In the event that either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 8 of 14 Revised 08/15/2019 XII. Legal Relations The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall defend, indemnify, and hold The State of Washington (STATE) and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the negligence of, or the breach of any obligation under this AGREEMENT by, the CONSULTANT or the CONSULTANT’s agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY, their agents, officers, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the STATE and/or the AGENCY may be legally liable; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT or the CONSULTANT’s agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally liable, and (b) the STATE and/or AGENCY, their agents, officers, employees, sub-consultants, subcontractors and or vendors, of any tier, or any other persons for whom the STATE and or AGENCY may be legally liable, the defense and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT’s negligence or the negligence of the CONSULTANT’s agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any AGREEMENT between CONSULTANT and any sub-consultant, subcontractor and vendor, of any tier. The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT’s agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any use in connection with the AGREEMENT of methods, processes, designs, information or other items furnished or communicated to STATE and/or the AGENCY, their agents, officers and employees pursuant to the AGREEMENT; provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions resulting from STATE and/or AGENCY’s, their agents’, officers’ and employees’ failure to comply with specific written instructions regarding use provided to STATE and/or AGENCY, their agents, officers and employees by the CONSULTANT, its agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. The CONSULTANT’s relation to the AGENCY shall be at all times as an independent contractor. Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the CONSULTANT in the procurement of, or performance under, this AGREEMENT. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT’s own employees or its agents against the STATE and /or the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. This waiver has been mutually negotiated between the Parties. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 9 of 14 Revised 08/15/2019 Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable supplemental AGREEMENT, the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job site safety, or any construction contractor’s failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker’s compensation and employer’s liability insurance as required by the STATE. B. Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with minimum limits of one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) in the aggregate for each policy period. C. Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage for any “Auto” (Symbol 1) used in an amount not less than a one million dollar ($1,000,000.00) combined single limit for each occurrence. Excepting the Worker’s Compensation Insurance and any Professional Liability Insurance, the STATE and AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub- consultant and/or subcontractor as an additional insured (the “AIs”), with no restrictions or limitations concerning products and completed operations coverage. This coverage shall be primary coverage and non-contributory and any coverage maintained by the AIs shall be excess over, and shall not contribute with, the additional insured coverage required hereunder. The CONSULTANT’s and the sub-consultant’s and/or subcontractor’s insurer shall waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to: Name: Agency: Address: City: State: Zip: Email: Phone: Facsimile: No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT’s professional liability to the AGENCY, including that which may arise in reference to section IX “Termination of Agreement” of this AGREEMENT, shall be limited to the accumulative amount of the authorized AGREEMENT amount or one million dollars ($1,000,000.00), whichever is greater, unless the limit of liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT’s professional liability to third parties be limited in any way. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 10 of 14 Revised 08/15/2019 The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third party, and no third party beneficiary is intended or created by the execution of this AGREEMENT. The AGENCY will pay no progress payments under section V “Payment Provisions” until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. XIII. Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT in the SERVICES to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the SERVICES under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an equitable adjustment in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify this AGREEMENT accordingly. C. The CONSULTANT must submit any “request for equitable adjustment,” hereafter referred to as “CLAIM,” under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of this AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the section XI “Disputes” clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XIV. Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XV. Federal Review The Federal Highway Administration shall have the right to participate in the review or examination of the SERVICES in progress. XVI. Certification of the Consultant and the Agency Attached hereto as Exhibit “G-1(a and b)” are the Certifications of the CONSULTANT and the AGENCY, Exhibit “G-2” Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit “G-3” Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit “G-4” Certificate of Current Cost or Pricing Data. Exhibit “G-3” is required only in AGREEMENT’s over one hundred thousand dollars ($100,000.00) and Exhibit “G-4” is required only in AGREEMENT’s over five hundred thousand dollars ($500,000.00.) These Exhibits must be executed by the CONSULTANT, and submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III “General Requirements” prior to its performance of any SERVICES under this AGREEMENT. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 11 of 14 Revised 08/15/2019 XVII. Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement to this AGREEMENT. XVIII. Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and AGREEMENT’s contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and conditions thereof. XIX. Protection of Confidential Information The CONSULTANT acknowledges that some of the material and information that may come into its possession or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state or federal statutes (“State’s Confidential Information”). The “State’s Confidential Information” includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles, credit card information, driver’s license numbers, medical data, law enforcement records (or any other information identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security data, non-public Specifications, STATE and AGENCY non-publicly available data, proprietary software, State security data, or information which may jeopardize any part of the project that relates to any of these types of information. The CONSULTANT agrees to hold the State’s Confidential Information in strictest confidence and not to make use of the State’s Confidential Information for any purpose other than the performance of this AGREEMENT, to release it only to authorized employees, sub-consultants or subcontractors requiring such information for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish, transfer, sell, disclose, or otherwise make it known to any other party without the AGENCY’s express written consent or as provided by law. The CONSULTANT agrees to release such information or material only to employees, sub-consultants or subcontractors who have signed a nondisclosure AGREEMENT, the terms of which have been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to the State’s Confidential Information. Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the AGENCY’s option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State’s Confidential Information; or (ii) returned all of the State’s Confidential Information to the AGENCY; or (iii) take whatever other steps the AGENCY requires of the CONSULTANT to protect the State’s Confidential Information. As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following: the State’s Confidential Information received in the performance of this AGREEMENT; the purpose(s) for which the State’s Confidential Information was received; who received, maintained and used the State’s Confidential Information; and the final disposition of the State’s Confidential Information. The CONSULTANT’s records shall be subject to inspection, review, or audit upon reasonable notice from the AGENCY. The AGENCY reserves the right to monitor, audit, or investigate the use of the State’s Confidential Information collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or investigating may include, but is not limited to, salting databases. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 12 of 14 Revised 08/15/2019 Violation of this section by the CONSULTANT or its sub-consultants or subcontractors may result in termination of this AGREEMENT and demand for return of all State’s Confidential Information, monetary damages, or penalties. It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing such proprietary and/or confidential information shall be clearly identified and marked as “Confidential” and shall be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT. The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT; or (b) as soon as such confidential or proprietary material is developed. “Proprietary and/or confidential information” is not meant to include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party; (iii) is independently developed by or for the other party; (iv) is publicly known; or (v) is generally utilized by unaffiliated third parties engaged in the same business or businesses as the CONSULTANT. The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and/ or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a public disclosure request is made to view materials identified as “Proprietary and/or confidential information” or otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that such records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure, the AGENCY will release the requested information on the date specified. The CONSULTANT agrees to notify the sub-consultant of any AGENCY communication regarding disclosure that may include a sub-consultant’s proprietary and/or confidential information. The CONSULTANT notification to the sub-consultant will include the date that such records will be released by the AGENCY to the requester and state that unless the sub-consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure the AGENCY will release the requested information. If the CONSULTANT and/or sub-consultant fail to obtain a court order or other judicial relief enjoining the AGENCY by the release date, the CONSULTANT shall waive and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages, liabilities, or costs associated with the AGENCY’s said disclosure of sub-consultants’ information. XX. Records Maintenance During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6) years from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain and maintain all “documents” pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all “documents” pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT’s place of business during normal working hours. If any litigation, claim or audit is commenced, the CONSULTANT shall cooperate with AGENCY and assist in the production of all such documents. “Documents” shall be retained until all litigation, claims or audit findings have been resolved even though such litigation, claim or audit continues past the six (6) year retention period. For purposes of this AGREEMENT, “documents” means every writing or record of every type and description, including electronically stored information (“ESI”), that is in the possession, control, or custody of the CONSULTANT, including, without limitation, any and all correspondences, contracts, AGREEMENT ‘s, appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten notes, reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records, work sheets, charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings, Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 13 of 14 Revised 08/15/2019 tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or telephone conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original, or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original. For purposes of this AGREEMENT, “ESI” means any and all computer data or electronic recorded media of any kind, including “Native Files”, that are stored in any medium from which it can be retrieved and examined, either directly or after translation into a reasonably useable form. ESI may include information and/or documentation stored in various software programs such as: Email, Outlook, Word, Excel, Access, Publisher, PowerPoint, Adobe Acrobat, SQL databases, or any other software or electronic communication programs or databases that the CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones, laptops or any other electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any personal devices used by the CONSULTANT or any sub-consultant at home. “Native files” are a subset of ESI and refer to the electronic format of the application in which such ESI is normally created, viewed, and /or modified. The CONSULTANT shall include this section XX “Records Maintenance” in every subcontract it enters into in relation to this AGREEMENT and bind the sub-consultant to its terms, unless expressly agreed to otherwise in writing by the AGENCY prior to the execution of such subcontract. In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the “Execution Date” box on page one (1) of this AGREEMENT. Signature Date Signature Date Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office of the Attorney General. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 14 of 14 Revised 08/15/2019 Exhibit A Scope of Work Project No. Agreement Number: Exhibit A - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 08/15/2019 Page 1 of 1 Naval Avenue: 1st St to 15th St Bicycle and Pedestrian Enhancements Project City Project No. 315028 Scope for Design and Right-of-Way Services December 2019 City of Bremerton Prepared by: HDR 929 108th Avenue NE, Suite 1300 Bellevue, WA 98004 Naval Avenue B&P Improvements | Exhibit A-1 Scope of Work HDR Page 1 of 36 CONTENTS INTRODUCTION .....................................................................................................................................................5 Scope of Work ..................................................................................................................................................5 Project Description ...........................................................................................................................................5 Major Milestone Schedule ................................................................................................................................5 Project Assumptions .........................................................................................................................................6 TASK 1. PROJECT MANAGEMENT & ADMINISTRATION ..................................................................................9 1.1. Project OneDrive File Sharing Site, Project Set up, Management Plan, HASP ........................................9 1.2. Progress Meetings .................................................................................................................................9 1.3. Project Schedule ................................................................................................................................. 10 1.4. Progress Reporting and Invoicing ....................................................................................................... 10 1.5. Subconsultant Coordination ............................................................................................................... 11 1.6 Coordination Meetings ...................................................................................................................... 11 TASK 2. QUALITY ASSURANCE / QUALITY CONTROL ..................................................................................... 12 TASK 3. PUBLIC INVOLVEMENT .................................................................................................................... 12 3.1. Online Open House and Website Support .......................................................................................... 13 3.2. Face to Face Outreach ........................................................................................................................ 13 3.3. In-Person Open Houses ...................................................................................................................... 13 3.4. On-Call Public Involvement Messaging ............................................................................................... 13 TASK 4. STAKEHOLDER COORDINATION ....................................................................................................... 14 TASK 5. DATA COLLECTION / REVIEW OF EXISTING INFORMATION .............................................................. 14 TASK 6. SURVEY AND MAPPING ................................................................................................................... 15 6.1. Research and Existing Data Compilation ............................................................................................. 15 6.2. Survey and Construction Geodetic and Cadastral Control .................................................................. 16 6.2.1. Geodetic Survey Control ......................................................................................................... 16 Naval Avenue B&P Improvements | Exhibit A-1 Scope of Work HDR Page 2 of 36 6.2.2. Cadastral ................................................................................................................................. 16 6.3. Utility Surveying Services .................................................................................................................... 16 6.4. Office Processing ................................................................................................................................ 17 6.5. Right-of-Way Boundaries .................................................................................................................... 17 6.6. Supplemental Surveys ......................................................................................................................... 17 TASK 7. GEOTECHNICAL ENGINEERING ........................................................................................................ 18 7.1. Explorations & Data Collection: .......................................................................................................... 18 7.2. Geotechnical Design Services: ............................................................................................................ 19 TASK 8. TRAFFIC ANALYSIS ........................................................................................................................... 21 8.1. Data Collection .................................................................................................................................... 21 8.2. Operations Analysis ............................................................................................................................ 21 8.3. WSDOT Intersection Control Evaluation (ICE) ..................................................................................... 21 TASK 9. BASIS OF DESIGN ............................................................................................................................. 22 9.1. Preliminary Engineering ...................................................................................................................... 22 TASK 10. ENVIRONMENTAL DOCUMENTATION & PERMITTING ASSISTANCE ................................................. 22 TASK 11. 30% DESIGN .................................................................................................................................... 23 11.1. 30% Design Plans ................................................................................................................................ 23 11.2. Engineer’s Opinion of Cost .................................................................................................................. 23 11.3. Drainage Design and Preliminary Drainage Design Report ................................................................. 24 11.4. Roadway Design .................................................................................................................................. 24 11.4.1. Horizontal and Vertical Alignment Plans ................................................................................. 24 11.4.2. Typical Roadway Sections ........................................................................................................ 25 11.4.3. Paving ...................................................................................................................................... 25 11.4.4. Pavement Marking .................................................................................................................. 25 11.5. Traffic Design ...................................................................................................................................... 25 11.5.1. Inventory Signal Equipment .................................................................................................... 25 Naval Avenue B&P Improvements | Exhibit A-1 Scope of Work HDR Page 3 of 36 11.5.2. Signal Design ........................................................................................................................... 26 11.5.3. Illumination Design .................................................................................................................. 26 11.6. Retaining Wall Design ......................................................................................................................... 26 11.7. Utility Design ....................................................................................................................................... 26 11.8. 30% Submittal ..................................................................................................................................... 27 TASK 12. FINAL DESIGN - PS&E ...................................................................................................................... 28 12.1. Survey, Control and Alignment ........................................................................................................... 29 12.2. Typical Roadway Sections ................................................................................................................... 29 12.3. Site Preparation .................................................................................................................................. 29 12.4. Temporary Erosion and Sedimentation Control (TESC) ...................................................................... 29 12.5. Roadway Profiles and Superelevation ................................................................................................. 29 12.6. Paving ................................................................................................................................................. 29 12.7. Intersection Grading ........................................................................................................................... 30 12.8. Pedestrian / Bicycle Details ................................................................................................................. 30 12.9. Driveway & Property Interface Grading & Details .............................................................................. 30 12.10. Drainage System Plans & Details ......................................................................................................... 30 12.11. Drainage Design Report ...................................................................................................................... 30 12.12. Pavement Marking .............................................................................................................................. 31 12.13. Signing Plans, Schedules & Details ...................................................................................................... 31 12.14. Signals & Illumination ......................................................................................................................... 31 12.15. Streetscape, Landscape and Irrigation ................................................................................................ 31 12.16. Traffic Control ..................................................................................................................................... 31 Signal Construction Phasing Design. .......................................................................................................... 31 12.17. Utility Potholing .................................................................................................................................. 31 12.18. 60% Submittal ..................................................................................................................................... 32 Naval Avenue B&P Improvements | Exhibit A-1 Scope of Work HDR Page 4 of 36 12.18.1. 60% Specifications ................................................................................................................... 32 12.18.2. 60% Engineer’s Opinion of Cost .............................................................................................. 33 12.19. 90% Submittal ..................................................................................................................................... 33 12.19.1. 90% Plans ................................................................................................................................ 33 12.19.2. 90% Specifications ................................................................................................................... 33 12.19.3. 90% Engineer’s Opinion of Cost .............................................................................................. 33 12.20. 100% Plans .......................................................................................................................................... 33 12.20.1. 100% Specifications ................................................................................................................. 33 12.20.2. 100% Engineer’s Opinion of Cost ............................................................................................ 33 TASK 13. AD-READY SUBMITTAL (TO BE SCOPED IN FUTURE SUPPLEMENT) .................................................. 34 TASK 14. FUNDING SUPPORT (TO BE SCOPED IN FUTURE SUPPLEMENT) ...................................................... 34 TASK 15. BIDDING PHASE ASSISTANCE (TO BE SCOPED IN FUTURE SUPPLEMENT) ........................................ 34 TASK 16. REAL ESTATE SERVICES (TO BE SCOPED IN FUTURE SUPPLEMENT) ................................................. 34 TASK 17. MANAGEMENT RESERVE FUND (MRF) ............................................................................................ 34 Naval Avenue B&P Improvements | Exhibit A-1 Scope of Work HDR Page 5 of 36 INTRODUCTION During the term of this PROFESSIONAL SERVICES AGREEMENT (AGREEMENT), HDR Engineering, Inc. (CONSULTANT) shall perform professional services for the City of Bremerton (CITY) in connection with the following project: Naval Avenue: 1st St to 15th St Bicycle and Pedestrian Enhancements Project City Project No. Scope of Work This scope of work includes design, survey, geotechnical testing and evaluation, subsurface utility exploration, PS&E development, traffic engineering, stormwater design, utility coordination and design, right of way plan development, public outreach, and key Stakeholder Coordination/reports/updates. Right of way acquisitions and construction management, engineering services during construction, construction inspection and documentation management could be added as a supplement to this contract at a later date. Project Description The project rebalances the existing roadway section to remove barriers to non-motorized travel by adjusting the number and width of vehicular lanes, adding bicycle facilities, and enhancing pedestrian facilities. The project will provide ADA improvements to the maximum extent feasible throughout the project limits. As part of this roadway reconfiguration project, the following will be included, pavement resurfacing, curb and gutter, signing and striping to support continuous bike facilities, more robust pedestrian facilities, signal modifications, street lighting, way finding signage, utility relocations, and stormwater improvements. This is a multimodal improvement project identified in the City’s 2007 Non-motorized Transportation Plan. Major Milestone Schedule The following are major schedule milestones for the project: Notice to Proceed……………………. January 20th, 2019 Identify the Basis of Design ....... March 10th, 2020 30% Design ................................. April 6th, 2020 60% Design and ROW Plan ......... June 15th, 2020 90% Design ................................. November 9th, 2020 100% Design ............................... December 31st, 2020 Advertisement………………………….March 16th, 2022 (Depending on Funding) Naval Avenue B&P Improvements | Exhibit A-1 Scope of Work HDR Page 6 of 36 Project Assumptions General Assumptions 1. The CONSULTANT shall furnish all services, labor and related equipment necessary to conduct and complete the design as outlined in the Scope of Work. Payment for completed work and services rendered under this AGREEMENT shall be considered full compensation for labor, materials, supplies, equipment, and incidentals necessary to complete the work specified in the Scope of Work. 2. The CONSULTANT shall not begin any work under the terms of this agreement until given a Notice to Proceed in writing by the CITY. The Consultant shall not begin any supplemental, out of scope work, or Optional Services until authorization in writing by the CITY. Compensation amount for requested supplemental, out of scope work, or Optional Services must be agreed to prior to the commencement of the related work. 3. All deliverables required to complete the scope of work described in this AGREEMENT shall be completed by December 31st, 2020. The CITY reserves the right, at their sole discretion, to extend the completion date. A supplemental agreement issued by the CITY is required to extend the established completion date. 4. Refer to the contract document for contract amount for services related to this scope of Work. 5. The direct salary costs presently in effect are set forth in the attached CONSULTANT fee estimate. No overtime rate shall be allowed. The direct salary rates may be increased one time each year, January 1st, based on HDR’s fiscal calendar year. The CONSULTANT shall notify the CITY in writing of any direct salary rate changes. The CITY shall pay the CONSULTANT for overhead costs at the percentage rate of direct salary cost as set forth in the fee estimate. This overhead rate shall not change during the life of this AGREEMENT. 6. The fixed fee represents the CONSULTANT’s profit, and shall be a fixed amount based on the percentage of direct salary cost set forth in the fee estimate. The fixed fee shall be prorated and paid as outlined in section 1.4 of the contract. The fixed fee percentage shall not change during the life of the AGREEMENT. 7. Direct non-salary expenses, including mileage, reprographics reproduction, shipping and delivery shall be reimbursed at cost. Expenses that are not directly reimbursable include out-of-state travel, lodging, car rentals, meals, computer usage, software, plotter usage, communication charges (including facsimile, telephone and cell phone), unless approved by the CITY in advance. 8. The CONSULTANT Principal in Charge for this work shall be Paul A. Ferrier, PE. The CONSULTANT Project Manager for this work shall be Robert Acevedo, PE. The CITY’s Project Manager for this project will be Chris Dimmitt, PE. Should turnover in the CONSULTANT staff necessitate a change in the project manager assignment, options shall be developed by the CONSULTANT and the new project manager will be approved by the CITY. 9. Digital files exchanged with the CITY shall be compatible with the CITY’s current version of AutoCAD, Microsoft Project and Microsoft Word or as agreed with the CITY. 10. All designs, drawings, specifications, documents, and other work products prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this project and are Naval Avenue B&P Improvements | Exhibit A-1 Scope of Work HDR Page 7 of 36 property of the CITY. Under Washington law, this contract and the documents (including but not limited to written, printed, graphic, electronic, photographic or voice mail materials and/or transcriptions, recordings or reproductions thereof) submitted in response to the CITY’s request for proposals and/or this contract (collectively, the “documents”) are public records, subject to mandatory disclosure upon the request of any person, unless the documents are exempted from disclosure by a specific provision of law. 11. The CITY will provide to the CONSULTANT pertinent information in the CITY’s possession relating to the Project. The CONSULTANT will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by the CONSULTANT. 12. The CITY shall provide or make available the following items to the CONSULTANT: a. CITY of Bremerton Design Standards, special provisions, & Guidelines b. Existing GIS mapping information of the project including but not limited to general utility location maps. c. Copies of existing record drawing information of the project area. d. Updated utility contact information. e. One set of consolidated review comments for each Major Milestone Submittal (30%, 60%, and 90%). f. Modeling files developed by TSI as part of the City wide traffic Modeling effort. g. Existing project files from any preliminary work completed 13. As a component of the scope of services, the CONSULTANT will deliver electronic copies of the Contract Documents or data (the “Electronic Files”) in addition to the printed copies (the “Hard Copies”) for the convenience of the CITY. Final written reports and memoranda will be delivered in Portable Document Format (PDF). 14. The CONSULTANT’s deliverables, including record drawings, are limited to the sealed and signed version. Computer-generated files furnished by the CONSULTANT are for the CITY or other’s convenience. Any conclusions or information derived or obtained from these files will be at user’s sole risk. 15. In providing opinions of cost, financial analyses, economic feasibility projections, and schedule for the project, the CONSULTANT will have no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that might affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by operating personnel or third parties; and other economic and operational factors that might materially affect the ultimate project cost or schedule. The CONSULTANT, therefore, will not warranty that the actual project costs, financial aspects, economic feasibility, or schedules will not vary from the CONSULTANT’s opinions, analyses, projections, or estimates. 16. The standard of care applicable to the CONSULTANT’s services will be the degree of skill and diligence normally employed by professional engineers or consultants performing the same or similar services at the time said services are performed. The CONSULTANT will re-perform any services not meeting this standard without additional compensation. Naval Avenue B&P Improvements | Exhibit A-1 Scope of Work HDR Page 8 of 36 Design Standards and References The project shall be developed in accordance with the latest edition, amendments and revisions (as of execution of this AGREEMENT) of the following publications, where applicable: 1) City of Bremerton Publications: a) City of Bremerton Engineering Design & Construction Standards b) City of Bremerton ADA Transition Plan (2016) c) City of Bremerton Municipal Code (Ordinance 5375, passed August 21, 2019) d) City of Bremerton Stormwater Management Program (SWMP), 2019 2) State Publications a) 2020 Standard Specifications for Road, Bridge, and Municipal Construction (M 41-10) b) Amendments to the General Special Provisions c) Standard Plans for Road, Bridge, and Municipal Construction (M 21-01) d) Design Manual (M 22-01.13) e) Hydraulic Manual (M 23-03) f) 2019 Department of Ecology Stormwater Management Manual for Western Washington g) Standard Item Table h) WSDOT Highway Runoff Manual (M 31-16) i) WSDOT Environmental Manual (M 31-11) j) WSDOT Traffic Manual (M 51-02.08) k) WSDOT Local Agency Guidelines (M 36-63.32) 3) American Association of State Highway and Transportation Officials (AASHTO) a) A Policy on Geometric Design of Highways and Streets (“Green Book”); 2018, 7th Edition 4) U.S. Department of Transportation Publications: a) Manual on Uniform Traffic Control Devices for Streets and Highways (2009 Edition with Revision Numbers 1 and 2, dated May 2012) 5) Other Publications a) National Electric Code b) Book of American Society for Testing and Materials Standards c) ITE Trip Generation (9th Edition) d) Highway Capacity Manual (6th Edition), Transportation Research Board e) Urban Street Design Guide, NACTO f) Urban Bikeway Design Guide, NACTO It shall be the responsibility of the CONSULTANT to obtain copies of county, state, AASHTO and other publications. Works shall be prepared in English units, and performed in accordance with the procedures and requirements set forth in the latest editions (excluding metric editions), amendments and revisions of each publication. Naval Avenue B&P Improvements | Exhibit A-1 Scope of Work HDR Page 9 of 36 The Consultant shall determine the applicable design standards for the project. Any design elements that do not meet the applicable design standards shall be identified and communicated to the CITY. The CONSULTANT shall follow the CITY’s guidelines in documenting Design Variances. Project Tasks The CONSULTANT shall manage the work as described within the following major Work Elements: TASK 1. PROJECT MANAGEMENT & ADMINISTRATION This task will be continuous throughout the project duration, which is assumed to be 12 months. It will include the work to set up and plan the project and establish project-specific procedures, including communication and quality control (QC), project coordination with the PRIME, and project closeout. Components of this work including planning the Project, executing the Project, managing change, and closing the Project. 1.1. Project OneDrive File Sharing Site, Project Set up, Management Plan, HASP The CONSULTANT shall create and maintain a project OneDrive folder that can be accessed by the CITY and CITY authorized stakeholders. CONSULTANT shall develop guiding documentation for the effective delivery of the project including the Project Management Plan and Health and Safety Plan. 1.2. Progress Meetings The CONSULTANT shall hold bi-weekly progress meetings with CITY staff and key CONSULTANT team members to discuss the PROJECT status, elements of the work plan, status of action items, and to discuss progress of the design and resolve any outstanding PROJECT issues that might affect the delivery of the PROJECT. Bi-Weekly meetings can be held in person or by phone conference. Bi-Weekly meetings may be canceled from time to time with agreement of both the CITY and CONSULTANT. Assumptions: · 24 bi-weekly progress meetings, (1) CONSULTANT staff to attend, additional support as needed, up to (4) meetings requiring the attendance of additional staff. · The CONSULTANT shall be responsible for agenda for PROJECT progress meetings. Deliverable(s): Naval Avenue B&P Improvements | Exhibit A-1 Scope of Work HDR Page 10 of 36 · Progress meeting agendas and notes. 1.3. Project Schedule A Project schedule shall be developed by the CONSULTANT to establish Baseline Start and Baseline Finish dates for tasks and deliverables under this AGREEMENT, and shall be submitted to the CITY for review and approval, prior to commencement of any work under this AGREEMENT. The project schedule shall be developed using Microsoft Project software, and shall show a critical path leading to the project major milestone dates. The schedule for this project shall be updated at each milestone delivery. If project schedule changes are necessary, and approved by the CITY, the CONSULTANT shall develop strategies for schedule recovery to minimize project delays. Assumptions: · Draft and Final Baseline schedule with updates schedule at 30%, 60%, and 90% deliverables. Deliverable(s): · Draft and final baseline schedule · Project schedule updates 1.4. Progress Reporting and Invoicing The CONSULTANT shall prepare and submit a Progress Report with each invoice. The Progress Report shall summarize: · Work accomplished during the billing period. · Work to be accomplished in the next billing period. · Problems/issues encountered and actions taken for their resolution. · Potential impacts to project schedule, budget, or scope. · Issues requiring CITY’s action, attention and resolution. Monthly Invoices for work completed will be submitted to the CITY. Backup information such as time and expense records for the CONSULTANT and SUB-CONSULTANTS shall also be submitted with each invoice. The CITY will discuss the work accomplished by the CONSULTANT and will review the percent complete assessments for each task item in the Earned Value Worksheet. The CONSULTANT shall submit an Earned Value Worksheet to track and update progress in the project schedule, budget, actual and planned expenditures. The Earned Value Worksheet shall be updated and submitted by the CONSULTANT with each invoice and progress report. Project Change: The CONSULTANT shall obtain written authorization from the CITY before implementing any change to this AGREEMENT scope of work, schedule or budget. Assumptions: · The project will have 12 months of invoicing. Naval Avenue B&P Improvements | Exhibit A-1 Scope of Work HDR Page 11 of 36 Deliverable(s): · Monthly Progress Reports · Monthly Invoices · Monthly Earned Value Worksheets 1.5. Subconsultant Coordination The CONSULTANT shall not subcontract for the performance of any work under this AGREEMENT without prior written permission of the CITY. The CONSULTANT shall coordinate with SUBCONSULTANTs regarding contracting procedures, shall prepare and execute contracts with individual SUBCONSULTANTs, and shall address contract-related issues with the SUBCONSULTANTs as they arise during the project. The work of the SUBCONSULTANT shall not exceed its maximum amount payable unless the CITY has issued prior written approval. Either a percent of the SUBCONSULTANT agreement or direct labor should be noted for administrative costs in the fee estimate and invoices. Subcontracts shall contain applicable provisions of this AGREEMENT. 1.6 Coordination Meetings CONSULTANT will schedule meetings with the City at project milestones to coordinate the design process. In- person meetings will be held at the City’s Engineering office, Norm Dicks Building (NDB) or the project site and will be at the following milestones with the estimated hours as shown: • Kickoff – 4 hours to include a site walk through • Concept layout design – 3 hours • Review of 30% design – 2 hours • Review of 60% design – 2 hours • Review of 90% design – 2 hours The CONSULTANT will prepare for and conduct a Project Kick-off Meeting to provide the necessary basis for a successful project that satisfies the needs of the CITY, HDR, and community-at-large. The Project Kick-off Meeting agenda will include discussion of overall project needs, community goals, areas of responsibility, project scope, budget, and commitments to decision-making and schedule. Assumption(s): · The Project Kick-off Meeting will be attended by the CONSULTANT Project Manager, Design Manager, and up to six (4) Discipline Leads. Other staff may participate via conference call. · All other meetings will attend by CONSULTANT Project Manager and appropriate support staff as necessary. Up to 18 hours for attendance by additional staff. Meetings may be in person or by phone conference. Naval Avenue B&P Improvements | Exhibit A-1 Scope of Work HDR Page 12 of 36 Deliverable(s): · Project Meeting agenda and summary notes, delivered electronically (PDF) to all participants within 5 working days of the meeting. TASK 2. QUALITY ASSURANCE / QUALITY CONTROL The CONSULTANT shall follow the Quality Control Plan Developed for the project. Quality Control will be provided prior to each submittal to the CITY to ensure CONSULTANT’s design work follows city, state and national standards. Final work submitted to the CITY shall be stamped and signed by a professional engineer in the State of Washington. 30%, 60%, 90%, and 100% Plans, Specs, and Estimate shall not be signed and will be marked “Not for Construction”. The CONSULTANT will upload submittals to the project OneDrive File Share. The CITY will contact PROJECT stakeholders to download and review submittals. The CITY will summarize the PROJECT stakeholder review comments of each plan submittal and transmit the comments to the CONSULTANT in a single consolidated document. The CONSULTANT shall respond to the CITY’s comments in the document by indicating the actions taken on each comment. Design work submitted for review must be complete to the level appropriate for each part of the design. Submittals containing incomplete or unclear information will be returned to the CONSULTANT without further review. The CONSULTANT shall make such changes and revisions as necessary to correct errors without additional compensation. Each plan submittal shall include a round table discussion between the CITY and the CONSULTANT to review and resolve comments prior to plan update. Assumptions(s): · City will have up to 2 weeks to review and respond with comments for each deliverable. Deliverable(s): · Comment Resolution plan set with each submittal (30%, 60%, and 90%) TASK 3. PUBLIC INVOLVEMENT This task is to assist the CITY with Public Outreach effort for this project, the CITY will lead the public involvement effort. Naval Avenue B&P Improvements | Exhibit A-1 Scope of Work HDR Page 13 of 36 3.1. Online Open House and Website Support CONSULTANT will develop survey content using the existing SR 303 template to support and host one online open house with survey to solicit initial feedback. 3.2. Face to Face Outreach CONSULTANT will support the City in meeting with individual property owners and/or business owners to discuss the project and gather input. 3.3. In-Person Open Houses CONSULTANT will assist in preparation for and participate in two (2) open houses 2 hours in duration that will occur at a location within the City of Bremerton, at 30% design, and 90% design. This work will consist of attending the open house and preparing up to 2 boards, one project roll plot and/or one electronic presentation for each open house. Consultant ROW specialist to assist this effort and attend the open house. 3.4. On-Call Public Involvement Messaging CONSULTANT will provide public involvement services on an as-needed basis to support any additional and unforeseen public outreach. Time for this task to be charged to management Reserve Fund as needed and approved. CITY Responsibilities: · Develop and distribute project post cards and mailers. · Coordinate and manage invoicing related to any mailers (postcards, mailers, etc.). · Host the project webpage on the project website; manage content updates. Publicize the events on City social media. · Review and provide direction on the public involvement plan and all subsequent event or outreach materials. · Secure the venue space for each of the open houses, set up and tear down venue. · Venue rental fees associated with the in-person open houses or drop-in events. · Consolidate public input / feedback. · Coordinate Council briefings and develop power point presentation (Input provided by CONSULTANT). Assumption(s): · Up to 2 CONSULTANT staff participate in the open houses. · Up to 2 CONSULTANT staff to participate in the face to face meetings, scope to include (16) hours for each person for outreach along the corridor to facilitate these meetings. · CONSULTANT will not utilize task 3.4 unless authorized by City beforehand. · Meeting prep will occur during bi-weekly check in meetings in advance of the Public Outreach Meetings. Naval Avenue B&P Improvements | Exhibit A-1 Scope of Work HDR Page 14 of 36 Deliverable(s): · Content for survey and survey link. · Summary of survey results · Postcard notifying community members of both the in-person and online open houses. · Graphics and written content for project website · Up to 2 boards and one project roll plot for each open house. · Summary of both in-person open houses TASK 4. STAKEHOLDER COORDINATION Parties having an interest in this project and corridor will be identified and included in the project process to provide input and feedback on the needs, opportunities, conditions, and design. A project steering committee will be formed to facilitate this effort. Anticipated Stakeholders will include; WSDOT Local Programs, Naval Base Kitsap (NBK), Bremerton School District, Bremerton Fire Department, Kitsap Transit, West Sound Cycling Club and others as determined. Assumption(s): · Naval Base Kitsap will require one additional kickoff meeting · Up to 3 Steering Committee meetings will be held · Up to 2 CONSULTANT staff participate in the three (3) Steering Committee Meetings and one (1) Naval Base Kitsap Kickoff Meeting. · Meeting prep will occur during bi-weekly check in meetings in advance of the steering Committee Meetings. Deliverable(s): · Meeting agenda and meeting notes for all meetings · Graphics and presentation materials TASK 5. DATA COLLECTION / REVIEW OF EXISTING INFORMATION The purpose of this task is to collect and review all available documents related to the project and identify areas where further research and mapping are needed, and summarize what additional information is needed for project development. CONSULTANT will collect and review available documents from the CITY including: · Grant Application documents. · Previously modified and constructed designs. Naval Avenue B&P Improvements | Exhibit A-1 Scope of Work HDR Page 15 of 36 · Existing topographical and right-of-way survey information. · All completed and in-progress CITY utilities and street maps, plans and studies regarding the project area (including Geographic Information Systems (GIS)). · Existing right-of-way and easement information available at the CITY. County AutoCAD parcel mapping. · Agreements, franchises, licenses and other pertinent information concerning utilities providers, businesses and properties along the corridor. · Agreements, licenses, easements and directives from regulatory and resource agencies applicable to the project. · Electronic model files and applicable outputs from the Citywide modeling effort. Assumptions: · The CITY will provide all available information in timely fashion. · The CITY will assist CONSULTANT in obtaining information from regulatory and resource agencies, utility providers and other CITY departments. · All necessary information regarding location and depth of bury for underground CITY utilities is available, accurate and readily attainable from CITY records. · Underground and overhead utilities will be marked by 811 Locate Services. · Utilities locations obtained from CITY records and 811 locates will be used and relied upon for the design. · CITY will provide any current design plans and details if available for the corridor and adjacent projects in preferably AutoCAD, Civil 3D format for use and coordination with this project. Deliverable(s): · List of review documents. TASK 6. SURVEY AND MAPPING This task involves field surveying to densify horizontal and vertical control within the project limits, collecting existing topographic features and producing a project basemap and Digital Terrain Model (DTM) to be used in preliminary design, and conducting additional survey work to supplement the basemap and DTM as the design progresses. See Exhibit A for mapping limits. 6.1. Research and Existing Data Compilation CONSULTANT will collect existing data pertinent to the project that is available from the CITY, the County, other agencies, franchise utilities, and other sources. The data shall include ROW information, topographic surveys, existing utility locations, and previous reports and documents pertaining to the project. Naval Avenue B&P Improvements | Exhibit A-1 Scope of Work HDR Page 16 of 36 6.2. Survey and Construction Geodetic and Cadastral Control This task includes the establishment of survey control, or the recovery of existing survey control, as required for the project. Typically, survey control will be set, found, or referenced utilizing Real Time Kinematic (RTK) GPS (GNSS) and the Washington State Reference Network (WSRN) in conformance with industry standards. This survey control is then typically propagated, as required, utilizing standard terrestrial total station measurements. 6.2.1. Geodetic Survey Control A system of horizontal and/or vertical control stations that have been established and adjusted by geodetic methods and in which the shape and the size of the earth (geoid) have been considered in position computations. A geodetic datum is an abstract coordinate system with a reference surface that serves to provide known locations to begin surveys and create maps. • Horizontal - Typically, survey work shall reference the Washington State Plane Coordinate System of 1983 as established in accordance with Chapter 58.20 Revised Code of Washington. • Vertical - Typically, the Vertical Datum for the survey work shall reference the North American Vertical Datum of 1988 (NAVD88). • Units shall be in US Survey Feet. 6.2.2. Cadastral Survey monumentation for the purpose of creating or reestablishing boundaries and/or tracts of land. Field Surveying and Base Mapping Topographic and planimetric surveying services will be performed to support engineering design along this corridor. This effort is to be considered a full topographic survey and all found permanent features and artifacts will be mapped as possible. Please see Exhibit A for details to the limits and specific instructions for this effort. Consultant proposes using terrestrial LiDAR – 3D Laser Scanning (3DLS) – for mapping in order to reduce exposure to roadway conditions and thus reducing the need for traffic control. Conventional mapping will be used to supplement the 3DLS. • Visible improvements situated within the described mapping limits will be mapped. • Ground measurements will be captured sufficient to generate a digital terrain model (DTM) at one- foot contours. 6.3. Utility Surveying Services Surface Observable utilities will be located as found within the surveying limits. Measure Downs for sewer manholes, catch basins and storm drain manholes with pipe size, material, direction, and invert elevations will be obtained, if possible, at each structure. Nearest drainage structure outside the mapping limits will also be collected. Naval Avenue B&P Improvements | Exhibit A-1 Scope of Work HDR Page 17 of 36 Underground Conductible Utility Locates and Surveying. 1 Alliance will arrange for underground ‘conductible’ utility locating, typically by means of a third-party utility locate service. This service shall locate utilities within the project corridor limits. The consultant will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by the utility locating service. 6.4. Office Processing This task includes the office processing of the collected survey data, data extraction, field book note reductions, CADD drafting, and other duties required for the generation of the deliverable(s). For 3D laser scanning efforts, sub-tasks include the registering of point clouds; evaluating the registrations; exporting the point cloud data to Civil3D; creating or picking of appropriate points in Civil3D; line work and Layering, and standard CADD drafting of the deliverables, as required. 6.5. Right-of-Way Boundaries County Parcel data will be used for design assuming limiting ROW impacts. Assumption: · City will request all title reports for the project corridor and deliver to the CONSULTANT. 6.6. Supplemental Surveys It is assumed that during the design phase, some level of supplemental survey may be necessary, and for purposes such as private property match/conforms, utility features, structure elevations, or features requiring more definition for design purposes. For budgeting purposes this task item has been estimated not to exceed 20 hours. Any costs for performing additional survey beyond 20 hours, may be adjusted accordingly and approved by the CITY via a written amendment before commencement of survey activities. Assumptions: · The CITY will obtain title reports for all parcels that will be required. · Right-of-Entry (ROE) to 20 adjacent properties obtained by the CITY. · The CONSULTANT will develop any required Traffic Control Plans and administer traffic control required to complete survey. · Survey control used on previous phases and adjacent projects that the mapping matches into will be provided by CITY. · CAD files shall be provided in AutoCAD Civil 3D 2018 Deliverable(s): · Topographic Survey and ROW Base Map (electronic copy), 1”=20’ basemap. · Supplemental survey and corresponding Base Map updates. · AutoCAD Surfaces (DTM Files) (electronic copy). · Copy of field survey books (hard copy). Naval Avenue B&P Improvements | Exhibit A-1 Scope of Work HDR Page 18 of 36 · ASCII file of control points · Construction control plans TASK 7. GEOTECHNICAL ENGINEERING CONSULTANT will provide geotechnical engineering services needed to support development of contract documents for the construction of retaining walls, utilities, signal pole foundations, and other road improvements associated with the project. CONSULTANT services include: 7.1. Explorations & Data Collection: Collect and Review Available Geotechnical Data: CONSULTANT will review readily available and relevant information along the project corridor. This review will include online geotechnical databases, geologic maps and existing known information previously gathered by the CONSULTANT for surrounding projects. Plan Field Exploration Program: CONSULTANT will plan and coordinate the geotechnical exploration program for the project. The exploration program will consist of drilling a series of borings to provide data for design of retaining walls, signal pole foundation design, and stability analysis for wall. Planning will include identification of the location of the pavement cores, development of traffic control plans and coordination of required equipment and signage for lane closures. Geotechnical Work Plan Memo: CONSULTANT will prepare a Geotechnical Work Plan Memorandum for of our exploration program. This work plan will be submitted to the CITY for review and approval. The work plans will detail the type, location, and extent of proposed field explorations along with logistics necessary to perform the work such as traffic control plans and staging areas. The work plans will also be used for utility locating clearances and for permitting that may be necessary to access the exploration locations. The CITY will acquire and provide any required permits. Conduct Utility Locates for Explorations: Prior to conducting our explorations, CONSULTANT will mark the proposed locations and arrange for utility locates using the Utility Notification Center. The CONSULTANT will make additional site visits to verify that the proposed locations of the borings are clear of utilities prior to drilling. Conduct Geotechnical Explorations: CONSULTANT will conduct up to 10 hand auger borings and DCP’s to depths of up to 5 feet or refusal, whichever is shallower. Six (6) within landscaping areas adjacent to the street roadway north of 11th Street and four within Core holes in the asphalt south of 11th Street. Cores in paved area will be patched with rapid-setting Portland cement concrete or suitable cold patch asphalt. Flagger will not be required, however, the four cores south of 11th Street will require a reduction of traffic to one lane in either the northbound or southbound lanes. The CONSULTANT assumes that monitoring wells are not required. Naval Avenue B&P Improvements | Exhibit A-1 Scope of Work HDR Page 19 of 36 Generate Core Logs and Photographs: Upon completion of the pavement coring, CONSULTANT will photograph each of the pavement cores and log the pavement layer and subsurface soil conditions. These logs and photographs will be included in the geotechnical report. Generate Boring Logs and Assign Laboratory Testing: CONSULTANT will prepare summary boring logs and perform laboratory testing to evaluate relevant physical properties of the site soils. Laboratory testing would include moisture content, grain-size distribution, and Atterberg Limits. 7.2. Geotechnical Design Services: Evaluate Field and Laboratory Data: Based on the borings and the laboratory test results of selected samples, CONSULTANT will generate estimates of the soil strength and other properties needed to evaluate the effects the subsurface conditions will have on the proposed improvements. Generate AASHTO Seismic Design Parameters: Based on the soils encountered along the alignment, CONSULTANT will determine the Site Class for seismic design. The design spectral acceleration parameters will then be selected in accordance with the AASHTO Specifications for Roads and Bridges. Evaluate Liquefaction Potential: CONSULTANT will screen observed subsurface soil for susceptibility to liquefaction and assess the potential impacts to the proposed improvements. Pavement Design Analyses: CONSULTANT will evaluate the results of the geotechnical explorations and pavement coring and develop flexible pavement design recommendations for areas of existing pavement and areas of proposed new pavement. Evaluating existing pavement section strength (falling weight deflectometer [FWD] testing) is not included in this AGREEMENT. Quality Assurance / Quality Control: CONSULTANT will have all design calculations and recommendations reviewed by a senior principal prior to distribution to the design team or the City. Prepare Draft Geotechnical Engineering Report: CONSULTANT will prepare a draft geotechnical engineering report for the project. This report will contain the results of the geotechnical engineering investigation, including description of surface and subsurface conditions; a site plan showing exploration locations and other pertinent features; summary coring and boring logs; and laboratory test results. The report will provide geotechnical recommendations for each of the proposed improvements mentioned above. Respond to Geotechnical Related Review Comments: CONSULTANT shall provide written responses to review comments. The written responses shall be provided in the form of emails to the design team. Miscellaneous Engineering Support: Additional time, up to 16 hours, will be allotted to account for any design aspects introduced to the project at a later date that were not initially provided to CONSULTANT in this scope of work. Conduct Plan and Specification Review: CONSULTANT will conduct a plan review at the 60% and 90% milestones submittals to ensure that the geotechnical aspects of the project have been properly incorporated Naval Avenue B&P Improvements | Exhibit A-1 Scope of Work HDR Page 20 of 36 into the project plans. CONSULTANT will provide a concurrence letter at Ad-Ready stating the Project plans adhere to the recommendations contained in the geotechnical report. Prepare a Final Geotechnical Engineering Report: CONSULTANT will prepare a final geotechnical report for this project. This report will develop CONSULTANT’s draft geotechnical engineering report with any comments provided by other design team members or the CITY during the 30, 60, and 90 percent plans. Geotechnical Task Management: CONSULTANT will provide task management to all geotechnical related aspects of the project. CONSULTANT will correspond with CITY and the design team in the form of meetings, emails, fax, and telephone calls, as necessary. CONSULTAN will initiate the project and set up billing information in support of invoicing throughout the project and will prepare monthly invoices, and progress reports for the duration of the design phase of the project. Assumption(s): · The geotechnical explorations proposed herein will not be used to assess site environmental conditions. However, visual or olfactory observations regarding potential contamination will be noted. Analysis, testing, storage, and handling of potentially contaminated soil and ground water (either sampled or spoils from drilling) are beyond this scope of services. If contaminated soils and/or ground water are encountered, the material will be properly contained on-site for disposal as mutually agreed upon without additional cost to the CONSULTANT. · All drilling spoils and related debris will be backfilled into shallow explorations. · All field explorations will be conducted between the hours of 8AM to 5PM. · The number of retaining wall borings is based on the assumption that there will be one potential wall impacted. · No Geology and Soil Discipline Report will be required. · No Phase 1 or Phase 2 Environmental Site Assessment report will be required. · CONSULTANT will be responsible for all post drilling clean up. · All required rights of entry will be provided by the CITY. · All required street use permits will be provided by the CITY at no cost to the CONSULTANT. · All geotechnical borings conducted through the pavement and pavement cores will be patched with quick drying cement. Saw cutting of the pavement or hot mix asphalt patches will not be required. · The exploration locations will be surveyed as part of the surveying including in this AGREEMENT. · The site soils will support standard plan signal pole and luminaire foundations design. No non- standard signal pole or foundation design will be required. · Disturbed subsurface soil samples will be collected from hand auguring. · Infiltration testing and groundwater monitoring will not be performed at this time. · No cross sections will be provided in the reports. · Signal and light pole foundations design is assumed to not be required and is not included in this scope Naval Avenue B&P Improvements | Exhibit A-1 Scope of Work HDR Page 21 of 36 Deliverable(s): · Geotechnical Work Plan Memorandum · Draft and Final Geotechnical Engineering Report · Geotechnical Concurrence Letter TASK 8. TRAFFIC ANALYSIS The purpose of this task is to evaluate recent and relevant traffic operational analysis to set the baseline of the corridor and to help guide the development and refinement of the corridor design. 8.1. Data Collection CONSULTANT will review model and output data from CITY network wide traffic analysis effort being conducted by TSI. Applicable information will be summarized and documented in the Traffic section of the Basis of design report. 8.2. Operations Analysis CONSULTANT will utilize the existing Synchro files from the CITY’s current network modeling effort. CONSULTANT will adapt the model to evaluate and determine initial lane configurations at each study intersection. Consultant will develop an AM Synchro model based on CITY provided PM model. CONSULTANT will analyze the AM and PM peak hour traffic conditions in the corridor using a combination of Synchro and Simtraffic analyses. The analysis will be conducted for existing and 2040 No build conditions. One build scenarios will be analyzed for traffic conditions, focused on intersection channelization, signal phasing and storage lengths. The traffic outputs for the scenario will include (1) average delay at signalization intersections, (2) the average and 95th percentile queue lengths for each intersection approach, and (3) the left turn pocket lengths required to prevent spillback into the roadway through lanes. CONSULTANT will use SIDRA software to model up to four (4) intersections as roundabouts for the build scenario. CONSULTANT will conduct field investigations of traffic movements and operations during a typical afternoon peak hour, with attention to typical queue extents, any cycle failures, and yielding interactions between vehicles and non-motorized traffic. A short summary of observations will be included in the Traffic section of the report. 8.3. WSDOT Intersection Control Evaluation (ICE) CONSULTANT and CITY PM will meet with WSDOT Olympic Region Highway and Local Programs (H&LP) to determine scale of ICE analysis. CONSULTANT will complete the required analysis and documentation to meet the agreed ICE process. Assumption(s): Naval Avenue B&P Improvements | Exhibit A-1 Scope of Work HDR Page 22 of 36 · No traffic counts will be collected for this effort. · City to provide Electronic model and agreed upon output files · ICE scoped as “Stage 1 – Scoping” with minimal alternative selection assumed Deliverable(s): · Traffic Operations section of Basis of Design Report · Modeling output summary tables · Electronic Synchro and Sidra Files · Draft and Final ICE Technical memo with one round of combined comment and response TASK 9. BASIS OF DESIGN The objective of this task is to evaluate and document possible design alternatives to develop an optimal design that improves safety for all users, enhances corridor mobility, minimizes ROW acquisition needs, and is supported by the community. This work builds on the previously completed efforts of the grant application. 9.1. Preliminary Engineering The CONSULTANT shall conduct a workshop with City staff to evaluate the grant design and develop potential revision concepts to the current plan. The current grant design will serve as the baseline concept. Consultant will prepare optional screening criteria and conduct an optional screening exercise with City staff to reach a preferred configuration to carry into 30% design. Assumption(s): · The CONSULTANT will evaluate 2 overall non-motorized corridor strategies. · Only one comprehensive design alternative (preferred alternative) will come out of the preliminary engineering design phase after review by the CITY. · CONSULTANT will document the design criteria as well as preliminary findings for each design discipline. Basis of Design Report will serve as the record of design decisions. · Right of way impacts and acquisitions needs will be identified for the preferred design alternative. Deliverable(s): · Roll plot depicting the preferred basis of design including existing basemapping, existing right of way, and proposed roadway footprint with channelization · Screening Criteria Matrix – Filled out with results of the 2 overall corridor configurations. · Basis of Design Report TASK 10. ENVIRONMENTAL DOCUMENTATION & PERMITTING ASSISTANCE The CONSULTANT will assist the CITY by providing the available materials to feed the Environmental documentation process. Naval Avenue B&P Improvements | Exhibit A-1 Scope of Work HDR Page 23 of 36 Assumption(s): · CITY will self-perform APE, SEPA, and/or NEPA as needed TASK 11. 30% DESIGN 11.1. 30% Design Plans CONSULTANT will advance the design of the Preferred Alternative from the work completed under the Basis of Design of the PROJECT. The Preliminary Design effort established the PROJECT footprint for roadway improvements, basic channelization, and conceptual design for utility and drainage systems. Assumption(s): · Symbols used by the CONSULTANT in the plans shall follow APWA standards. If the symbols are not in the APWA standards, then WSDOT standard symbols shall be used. · Each sheet shall contain design elements, with line work for items detailed on other sheets screened back or drawn in light pen weight. The CONSULTANT is expected to the Industry Standard of Care in the design planning and layout, with elements shown as close as possible to where they are to be installed. · General Construction Notes will be noted on plan sheets. General Notes will be numerically ordered and consistent throughout the plan set. Note and leader shall call out unique Construction Notes. Bubbles with leaders will be acceptable only for recurring Construction Notes and wiring notes for Signal and Illumination plans as they are numerically ordered and consistent throughout the applicable sheets. · If additional detail is required to provide clarity, the Plans and Details shall include an exploded view. Cross-sections and profiles shall reflect existing features and proposed facilities, both above and below ground. 11.2. Engineer’s Opinion of Cost The CONSULTANT’s Engineer’s Estimate and backup calculations (including quantity takeoff sheets), showing assumptions made in determining quantities for each bid item, shall be made available upon request. Backup calculations shall specifically include items measured by the appropriate unit. The Engineer's Estimate will include an itemized list in tabular form, describing; section, item, and number of units (quantity), estimated unit costs, and total cost, with the understanding that any cost opinion or Engineer's Estimate provided by the CONSULTANT will be on the basis of experience and judgment. The estimate shall be prepared using standard unit costs and lump sum prices. Deliverable(s): · 30% Engineer’s Opinion of Costs Naval Avenue B&P Improvements | Exhibit A-1 Scope of Work HDR Page 24 of 36 11.3. Drainage Design and Preliminary Drainage Design Report CONSULTANT shall develop and support the following roadway and PROJECT activities as further described in Work Elements below. CONSULTANT shall prepare a 30% Preliminary Drainage Design Report in accordance with the requirements of the City of Bremerton’s stormwater management program. The 30% Preliminary Drainage Design Report will document the minimum stormwater management requirements that apply to the project; BMP selection; calculations to support 30 percent complete BMP and conveyance sizing CONSULTANT will evaluate and select Best Management Practices (BMPs) to provide permanent stormwater management for the project in accordance with the CITY requirements. BMP selection will be based on topography, the amount of space available within the right of way, life-cycle cost and aesthetic considerations, and the CITY’s overall sustainability goals for the project. Assumption(s): · Drainage Report will meet the requirements set forth in the 2019 Department of Ecology Stomwater Management Manual for Western Washington. · Additional impervious surface will not trigger minimum requirements for treatment or flow control. · The 30% Preliminary Draft Drainage Design prepared under this task will correspond to the 30% complete designs. · There will be only one version each of a Preliminary Draft Drainage Design Report and Final Drainage Design Report. · The 30% Preliminary Draft Drainage Design Report will be subject to one round of CITY review comments. The CITY will provide one consolidated set of synthesized comments on the draft memorandum to the CONSULTANT. The CONSULTANT will incorporate the CITY’s comments, as applicable, in the Final Drainage Design Report submitted during the 90% Design Submittal. Conveyance piping will be preliminary sized using the latest version Stormshed, Santa Barbara Unit Hydrograph (SBUH). Conveyance piping will be evaluated for the 25-year, 24 hour storm event. Deliverable(s): · Draft 30% Preliminary Drainage Design Report. · Standard model output reports (text files) will be included as an attachment to the draft and final Drainage Design Report. Electronic model files will not be provided. 11.4. Roadway Design 11.4.1. Horizontal and Vertical Alignment Plans CONSULTANT will prepare preliminary horizontal alignment plans for the selected alternative. CONSULTANT shall prepare preliminary vertical profile drawings for the selected alternative. Preliminary horizontal and vertical alignment plans will be produced for the Project. The project will hold the existing grades of the centerline of roadway and the existing cross slopes of the existing roadway. Naval Avenue B&P Improvements | Exhibit A-1 Scope of Work HDR Page 25 of 36 11.4.2. Typical Roadway Sections CONSULTANT will prepare preliminary typical roadway section plans not to scale (NTS) for the selected alternative and cross streets. The sections will note roadway widths, thickness/depths of pavement materials, sidewalks and landscape areas. 11.4.3. Paving CONSULTANT will prepare preliminary paving plans for the selected alternative and cross streets. The plans will show dimensions for roadway outlines and sidewalks. The plans will also show curb returns, tapers, intersection layouts, and proposed driveway accesses, which are typically shown at the preliminary phase. A preliminary layout of property tie-in limits will be developed and shown in the form of cut/fill lines. Intersection grading is not to be shown at the 30% design level. 11.4.4. Pavement Marking CONSULTANT will prepare preliminary pavement marking plans for the selected alternative and cross streets. The plans will show dimensions for lanes, crosswalks, stop bars, pavement marking symbols and tapers. 11.4.4.1. PEDESTRIAN / BICYCLE INTERSECTION DESIGN Based on the pedestrian and bicycle work developed as part of the Basis of Design, CONSULTANT will develop intersection channelization plans including widths of intersection features – including sidewalk, crosswalk, and bicycle channelization and paving elements. This input will either be in the form of design comments to be incorporated into the paving and/or pavement marking plan sets, the creation of project specific detail sheets, or special project specifications. 11.5. Traffic Design This task involves the preliminary planning of traffic signal modifications including confirmation with the CITY of design standards to be used with a signal modification design memo, Plans and Engineer’s estimates of traffic signal modifications and street illumination up to 30% design. CONSULTANT will meet with CITY to determine the desired system requirements and coordination across jurisdictions to identify the major system components, significant conflicts and challenges (if any), and other items that have the potential to significantly affect construction costs. No signal pole replacements or relocations will be included in this task. 11.5.1. Inventory Signal Equipment A complete inventory of the existing traffic signal systems at the intersections of Naval Avenue and Burwell Street, 6th Street, 11th Street, 15th Street will be conducted. The inventories will include: the length of mast arms and existing signal head locations, signal head configurations, push button and pedestrian head locations, existing phasing, existing controller and cabinet types and their ability to operate in changed configurations. We will also evaluate the existing conduit and wiring to determine if major reconstruction will be necessary to implement revised phasing or pole relocations. Location and condition of existing safety lighting and street lighting will be documented. ADA deficiencies will be observed and documented. Naval Avenue B&P Improvements | Exhibit A-1 Scope of Work HDR Page 26 of 36 11.5.2. Signal Design CONSULTANT will design, calculate, and document signal system modifications at the three (3) signalized intersections. Traffic signal design as part of the 30% design package will include: · Pedestrian Pole location as needed to meet ADA requirements · Vehicle and non-motorized detection type · Design impacts on existing signal system (moving of signal heads on existing mast arms.) 11.5.3. Illumination Design CONSULTANT will prepare preliminary illumination cost estimate as part of the 30% design package. The street lighting design will follow the CITY Standards, WSDOT guidance and the Illuminating Engineers Society (IES) standards. Illumination design will focus on critical areas only, new and/or improved crossings. CONSULTANT will work with the CITY to determine the general layout, configuration, and type of light fixture(s) for the roadway and pedestrian lighting to be used on this project. CONSULTANT to provide options for City owned and maintained lighting as well as PSE maintained street lighting system and City owned intersection and crossing lighting systems as part of the basis of design. 11.6. Retaining Wall Design This scope assumes the design will focus on avoiding and/or minimizing impacts to existing retaining walls. Structural work to be recognized as a risk and no hours to accommodate design are included in this scope. 11.7. Utility Design CONSULTANT will develop a utility corridor plan showing the location of the existing utilities within the roadway corridor. The utility corridor plan will identify potential utility conflict locations and be provided to affected utilities to aid in potholing efforts. CONSULTANT will coordinate with affected utilities to identify type, size and location of future utilities. CONSULTANT will not perform any utility design work – all utility design work will be done by the affected utility owners. Utility relocations will be shown in the design plans. Relocations of City water and sewer will be designed by CONSULTANT and included in the plans. No upgrades of water or sewer facilities is anticipated in this Scope of Work. Assumption(s): Non-CITY Utilities may include: · Puget Sound Energy – Distribution Power · Puget Sound Energy – Natural Gas · Comcast – Cable TV / Fiber Optics Naval Avenue B&P Improvements | Exhibit A-1 Scope of Work HDR Page 27 of 36 · Cascade Natural Gas CITY Utilities Include: · City of Bremerton – Water · City of Bremerton - Sewer · City of Bremerton – Storm Drainage 11.8. 30% Submittal CONSULTANT shall prepare conceptual drawings for review and meet with the CITY to gain approval of the 30 % design concept. Assumption(s): · The level of effort and fee estimate for this task is based on the number of sheets for each discipline as shown in the sheet list provided. The sheet list was prepared based on CONSULTANT’s current knowledge of the project scope and anticipated work elements. Deliverable(s): · 30% Plans · Engineer’s 30% Opinion of Cost. · Design Documentation · 30% Drainage Design Report Naval Avenue B&P Improvements | Exhibit A-1 Scope of Work HDR Page 28 of 36 The anticipated sheet list is: 30% Submittal Sheet List # Sheets Included in Each Submittal Sheet Description 30% Cover Sheet with Vicinity Map and Index 1 Legend, General Notes, Abbreviations, and Project Keymap 2 Roadway Typical Sections 4 Summary of Quantities --- Alignment and ROW Plans 4 Site Preparation Plans --- Temporary Erosion & Sedimentation Control (TESC) Notes --- TESC Plans --- TESC Details --- Paving Plans, Roadway Profiles & Superelevation 8 Paving Details --- Intersection & Curb Ramp Grading Details --- Pedestrian / Bicycle Details 1 Driveway & Property Interface Grading --- Drainage Plans & Profiles 8 Drainage Details --- Channelization, Pavement Marking & Signing Plans 8 Pavement Marking Details --- Signing Schedule & Details --- Signal Plans 5 Signal Details --- Illumination Schedule & Details --- Streetscape & Landscaping Plans --- Streetscape Details --- Landscaping Details --- Utility Plans 4 Staging and Traffic Control Sequencing Notes --- Staging and Traffic Control Plans --- Total # Sheets 45 TASK 12. FINAL DESIGN - PS&E The CONSULTANT shall follow the guidelines set forth in the CITY’s Design Standards when preparing the 60%, 90%, and 100% plans, specifications, and estimate. Assumption(s): Naval Avenue B&P Improvements | Exhibit A-1 Scope of Work HDR Page 29 of 36 · The level of effort and fee estimate for this task is based on the number of sheets for each discipline as shown in the sheet list provided. The sheet list was prepared based on CONSULTANT’s current knowledge of the project scope and anticipated work elements. · CONSULTANT shall consult with the CITY prior to developing any sheets if the actual number of required sheets varies from the original sheet count estimate. If the CITY and CONSULTANT concur that total number of sheets required to detail the project exceeds the original estimate, the budget for this task may be amended. 12.1. Survey, Control and Alignment CONSULTANT will prepare a set of alignment tables and plan sheets for survey control, monumentation, and alignments. The alignment tables will list necessary curve details for both existing and proposed centerline alignments. The plan sheets will include alignment centerlines, and horizontal and vertical control. 12.2. Typical Roadway Sections Roadway sections will be developed for the Project denoting roadway widths, right-of-way widths, sidewalks, medians, landscaping, pavement design, and traffic lanes. It is assumed that all cross street work will be minor and will be able to be built using plan and detail sheets only – no roadway section will be required. 12.3. Site Preparation CONSULTANT will define the site prep and demolition activities, including items to be abandoned, salvaged, recycled or removed, and identify facilities that need to be protected during construction. Site Prep plans will include surface feature items, such as pavements (by type), sidewalk, curbs, walls, and miscellaneous structures. Demolition required for utilities, drainage features, signing, signalization and illumination will not be included in these drawings and will be shown on the relevant discipline drawings. Cut/fill lines will be shown on the site preparation plans. 12.4. Temporary Erosion and Sedimentation Control (TESC) CONSULTANT will prepare temporary erosion control details which show erosion and sedimentation controls measures to be used for this project. Cut/Fill lines will be shown on the TESC plans. The TESC drawings will be prepared in accordance with the CITY requirements and provided with the Stormwater Pollution and Prevention Plan (SWPPP). 12.5. Roadway Profiles and Superelevation CONSULTANT will prepare vertical profile drawings within the PROJECT area. Superelevation rates and transitions will be shown in cross-slope diagrams and will be included on the profiles. 12.6. Paving CONSULTANT will prepare roadway paving plans that will show dimensions for roadway outlines and sidewalks. The plans will also show curb returns, tapers, intersection layouts, proposed driveway access, and other pertinent surface features. Naval Avenue B&P Improvements | Exhibit A-1 Scope of Work HDR Page 30 of 36 12.7. Intersection Grading CONSULTANT will design intersection grading to tie into the existing cross street’s existing terrain. Intersection curb radii will be designed including curb radii tables with locations and elevations for PC, PT, quarter points, low points, and curvature staking information including radius, length of curve, tangent, and delta. Curb ramp grading will be performed for each curb ramp in the corridor and will be designed on curb ramp detail sheets to meet ADA requirements. It is assumed that an ADA Maximum Extent Feasible (MEF) will not be required on this PROJECT. 12.8. Pedestrian / Bicycle Details Based on the pedestrian and bicycle work developed and 30% design, the CONSULTANT will further develop detail sheets for the project. 12.9. Driveway & Property Interface Grading & Details CONSULTANT will design grading to tie into the existing terrain at private properties adjacent to the corridor. Project focuses on limiting ROW impacts and regrading driveway profiles outside of City ROW is no included in this scope. Profiles will be created for each of these locations with accompanying plan view at a scale of 1”=5’. 12.10. Drainage System Plans & Details CONSULTANT will prepare plans and details for the stormwater conveyance system, including plan views of the drainage pipes and structures, LID features, connections to the existing stormwater systems, and nonstandard drainage details. These storm system layouts will include catch basin, and required stormwater details. The plans sheets will also include profiles for the conveyance piping within the project limits. Storm drain piping callouts will include pipe inverts, size, length, slope and type as well as drainage structures with rim elevations. Profiles of the stormwater conveyance piping will include both existing and proposed utility crossings will be depicted on the profile based on the best available utility information. 12.11. Drainage Design Report The preliminary drainage design report from the 30% submittal will be updated and completed to a full drainage report (Stormwater Site Plan) including documenting the updated drainage design at the 90% design submittal. The report will document all the core requirements outlined in the 2019 DOE Stormwater Management Manual for Western Washington. Deliverable(s): · Final Drainage Report (Stormwater Site Plan) pdf format. Naval Avenue B&P Improvements | Exhibit A-1 Scope of Work HDR Page 31 of 36 12.12. Pavement Marking CONSULTANT will prepare plans and details for the channelization, including lane and edge stripes, stop bars, pavement markings, crosswalks, and geometry of striped medians and turn pockets. Pavement marking to delineate bicycle and pedestrians will be included. Limits of channelization will match paving limits. 12.13. Signing Plans, Schedules & Details CONSULTANT will prepare signing plans that show the location of new signs and associated sign design details. Signing will conform to the current edition of the MUTCD and the CITY’S signing guidelines. 12.14. Signals & Illumination CONSULTANT will prepare the signal modification plans, and details showing proposed locations for the signal equipment, electrical hardware, and wiring diagrams for all three (3) signalized intersections located within the PROJECT limits: · Naval Avenue / Burwell Street · Naval Avenue / 11th Street · Naval avenue / 15th Street 12.15. Streetscape, Landscape and Irrigation CONSULTANT will develop streetscape and landscape plans based on CITY’s direction and input. Landscape plans shall include tree placement, size and species, areas where shrubs and groundcover shall be planted, slope stabilization measures and stream enhancement, where applicable. Details and schedules for planting shall be included. 12.16. Traffic Control CONSULTANT will develop project specific traffic control plans to meet WSDOT LAG Manual requirements. These plans will include details for typical closures and detours needed on the project. Specific locations will not be denoted on the plans, however all traffic control scenarios will be noted including lane closures and/or shifts. Signal Construction Phasing Design. CONSULTANT will review construction phasing and design temporary signal plan sheets for the Naval Ave / Burwell St intersection to accommodate construction phasing. CONSULTANT will coordinate with WSDOT for signal construction phasing approval. 12.17. Utility Potholing Utility potholing is not included in this scope of work. Utilities will be designed based on survey and City provided as-built information. Naval Avenue B&P Improvements | Exhibit A-1 Scope of Work HDR Page 32 of 36 12.18. 60% Submittal The CONSULTANT will use the 30% design plans and progress to the 60% design and plan level. The CONSULTANT will take into consideration the 30% design review comments from the CITY and stakeholders while advancing to the 60% Plans. The 60% plan level will include the sheets listed in the following table. The anticipated sheet list for final design includes: 60%, 90%, 100% & Ad-Ready Submittal Sheet List Sheet Description 60% 90% 100%/AD Cover Sheet with Vicinity Map and Index 1 1 1 Legend, General Notes, Abbreviations, and Project Keymap 2 2 2 Roadway Typical Sections 2 3 3 Summary of Quantities --- 1 1 Alignment and ROW Plans 4 4 4 Site Preparation Plans 4 4 4 Temporary Erosion & Sedimentation Control (TESC) Notes --- 1 1 TESC Plans ---- 4 4 TESC Details --- 1 1 Paving Plans, Roadway Profiles & Superelevation 8 8 8 Paving Details 1 2 2 Intersection & Curb Ramp Grading Details 4 10 10 Pedestrian / Bicycle Details 2 2 2 Driveway & Property Interface Grading 8 8 8 Drainage Plans & Profiles 8 8 8 Drainage Details --- 2 2 Channelization, Pavement Marking & Signing Plans 8 8 8 Pavement Marking Details 2 2 2 Signing Schedule & Details 2 2 2 Signals & Illumination Plans 6 8 8 Signal Details (3 Intersections) 4 4 4 Illumination Schedule & Details --- 2 2 Streetscape & Landscaping Plans --- 4 4 Streetscape & Landscaping Details --- 1 1 Utility Plans 4 4 4 Staging and Traffic Control Sequencing Notes --- 2 2 Staging and Traffic Control Plans --- 6 6 Total # Sheets 70 104 104 12.18.1. 60% Specifications CONSULTANT will prepare and submit a list of anticipated special provisions as part of the design package. Naval Avenue B&P Improvements | Exhibit A-1 Scope of Work HDR Page 33 of 36 12.18.2. 60% Engineer’s Opinion of Cost CONSULTANT’s Engineer’s Estimate and backup calculations (including quantity takeoff sheets), showing assumptions made in determining quantities for each bid item, shall be made available upon request. Engineer’s Opinion of Cost will be updated to match the 60% Design level. 12.19. 90% Submittal The CONSULTANT will use the 60% design plans and progress to the 90% design and plan level. The CONSULTANT will take into consideration the 60% design review comments from the CITY while advancing to the 90% level. 12.19.1. 90% Plans The CONSULTANT will further develop the 60% plans to a 90% plan level matching the plan sheets listed in the 13.18.1 Table. 12.19.2. 90% Specifications CONSULTANT will incorporate comments received from the 60% design submittal and draft a complete project specifications, following WSDOT’s latest Division 1 Local Agency GSPs, including project specific special provisions as needed. 12.19.3. 90% Engineer’s Opinion of Cost CONSULTANT’s Engineer’s Estimate and backup calculations (including quantity takeoff sheets), showing assumptions made in determining quantities for each bid item, shall be made available upon request. Engineer’s Opinion of Cost will be updated to match the 90% Design level. 12.20. 100% Plans The CONSULTANT will further develop the 90% plans to a 100% plan level matching the plan sheets listed in the 13.18.1 Table. 12.20.1. 100% Specifications The CONSULTANT will update the project specifications to match the 100% design level. 12.20.2. 100% Engineer’s Opinion of Cost CONSULTANT’s Engineer’s Estimate and backup calculations (including quantity takeoff sheets), showing assumptions made in determining quantities for each bid item, shall be made available upon request. Engineer’s Opinion of Cost will be updated to match the 100% Design level. Naval Avenue B&P Improvements | Exhibit A-1 Scope of Work HDR Page 34 of 36 TASK 13. AD-READY SUBMITTAL (TO BE SCOPED IN FUTURE SUPPLEMENT) The CONSULTANT will update the PS&E package to address CITY review comments from the 100% Submittal. This deliverable will be utilized for advertisement of the Project. Scope to be defined for future supplement. TASK 14. FUNDING SUPPORT (TO BE SCOPED IN FUTURE SUPPLEMENT) CONSULTANT will provide support to the CITY in applying for local grant applications to seek additional project funding. Assumption(s): · CONSULTANT to provide information and graphics to support the CITY compiled grant and funding applications. TASK 15. BIDDING PHASE ASSISTANCE (TO BE SCOPED IN FUTURE SUPPLEMENT) The scope of work for providing bidding support to the CITY will be developed at a later date once funding has been identified. TASK 16. REAL ESTATE SERVICES (TO BE SCOPED IN FUTURE SUPPLEMENT) The scope of work for Real Estate Services will be reviewed and modified at completion of 60% Design, once the corridor footprint is identified and property impacts can be assessed. Associated budgets for these efforts will be developed / revised and authorized by supplemental agreement(s). TASK 17. MANAGEMENT RESERVE FUND (MRF) A Management Reserved Fund (MRF) (dollar amount per contract) is to be utilized only for unforeseen added work that is not included in this AGREEMENT. The CONSULTANT shall obtain written authorization from the AGENCY prior to doing any work under MRF. CONSULTANT compensation for work done under MRF must be approved by the AGENCY prior to doing the work. Naval Avenue B&P Improvements | Exhibit A-1 Scope of Work HDR Page 35 of 36 Exhibit B DBE Participation Agreement Number: Exhibit B - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 08/15/2019 Page 1 of 1 Exhibit C Preparation and Delivery of Electronic Engineering and Other Data In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is to use in preparing electronic files for transmission to the agency. The format and standards to be provided may include, but are not limited to, the following: I. Surveying, Roadway Design & Plans Preparation Section A. Survey Data B. Roadway Design Files C. Computer Aided Drafting Files Agreement Number: Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 08/15/2019 Page 1 of 4 D. Specify the Agency’s Right to Review Product with the Consultant E. Specify the Electronic Deliverables to Be Provided to the Agency F. Specify What Agency Furnished Services and Information Is to Be Provided Agreement Number: Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 08/15/2019 Page 2 of 4 II. Any Other Electronic Files to Be Provided III. Methods to Electronically Exchange Data Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 08/15/2019 Page 3 of 4 A. Agency Software Suite B. Electronic Messaging System C. File Transfers Format Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 08/15/2019 Page 4 of 4 Exhibit D Prime Consultant Cost Computations Agreement Number: Exhibit D - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 08/15/2019 Page 1 of 1 Acceptance ICR Cognizant Review May 24, 2019 HDR Engineering 1917 S 67th Street Omaha, NE 68106 Subject: Acceptance FYE 2018 ICR – Cognizant Review Dear Mr. Cox: We have accepted your firms FYE 2018 Indirect Cost Rate (ICR) based on the “Cognizant Review” from the Nebraska Department of Transportation at: • 156.95% of direct labor for contracts in effect prior to June 24, 2014 (rate includes 0.55% Facilities Capital Cost of Money) • 155.99% of direct labor for contracts awarded on or after June 24, 2014 (rate includes 0.55% Facilities Capital Cost of Money). This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. Any other entity contracting with your firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7019 or via email consultantrates@wsdot.wa.gov. Regards; ERIK K. JONSON Contract Services Manager EKJ:ah C:\Users\CSANDERS\Documents\City of Bremerton\Naval Bike Pd Imprv\Agreements\Original Agreement\Bremerton Naval Bike Ped Improv ESTIMATE 11-21-2019.xlsm Printed 1/7/202010:15 AM LABOR ESTIMATE, HDR ENGINEERING STAFF City of Bremerton: Naval Ave Pedestrian and Bicycle Enhancements Acevedo, Robert CChauhan, ShikhaHarper, Jennifer KFinn, Maureen CFrench, Cameron CHaddeland, Ryan TGurrad, Matthew CJohnson, Ty MJohnson, Lawrence SSanders, Cody LeeMagee, Brian GPi, Jake Sung JoonRaaberg, Leanne NWang, HuaWilcox, Carlos CBarbeau, Janae Lal Labor HoursProject Role Project Manager/Traffic Lead Landscape Architect QA/QC Lead Project Assistant/Editor Roadway / Water EIT Roadway EIT Senior Landscape Architect Stormwater / Utility QC Design Lead Project Accountant Civil Engineer Traffic Engineer Graphic Designer Senior Traffic Engineer Senior CADD Technician Sr Real Estate Manager Tota 1 144 0 0 4 30 0 0 0 4 94 6 0 0 0 0 6 288 1.1 Project FTP Site, Project Set up, Management Plan, HASP 16 4 10 30 1.2 Progress Meetings 24 8 32 1.3 Project Schedule 16 2 18 1.4 Progress Reporting and Invoicing 24 48 72 1.5 Subconsultant Coordination 24 4 4 36 68 1.6 Coordination Meetings (added)40 16 6 6 68 0 2 0 0 27 0 0 0 4 16 28 0 0 0 0 12 0 0 87 Quality Assurance / Quality Control 27 4 16 28 12 87 0 3 30 0 0 0 22 0 0 0 0 0 6 0 0 0 0 6 64 3.1 Online Open House and Website Support 2 2 3.2 Face to Face Outreach 20 16 36 3.3 In-Person Open Houses 8 6 6 6 26 0 0 4 30 0 0 0 6 0 0 0 0 0 6 0 16 0 32 0 90 Stakeholder Coordination 30 6 6 16 32 90 0 5 4 0 0 0 16 0 0 0 4 0 0 0 0 0 0 0 24 Data Collection / Review of Existing Information 4 16 4 24 0 0 6 10 0 0 0 4 4 0 0 0 0 0 0 0 0 0 0 18 6.1 Research and Existing Data Compilation 0 6.2 Survey and Construction Geodetic and aastral Control 0 6.3 Utility Surveying Services 10 4 4 18 6.4 Office Processing 0 6.5 Right-of-Way Boundaries 0 6.6 Supplemental Surveys 0 0 7 6 0 0 0 4 0 0 0 4 0 0 0 0 0 0 0 14 7.1 Explorations & Data Collection 4 2 2 8 7.2 Geotechnical Design Services 2 2 2 6 0 8 52 0 0 0 10 0 0 0 0 0 0 160 0 6 0 0 228 8.1 Data Collection 2 4 6 8.2 Operations Analysis 20 76 6 102 8.3 WSDOT Intersection Control Evaluation (ICE)30 10 80 120 0 9 20 0 0 4 20 0 0 0 0 0 0 12 0 0 0 0 56 9.1 Preliminary Engineering 20 4 20 12 56 0 10 4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 Environmental Documentation & Permitting Assistance 4 4 0 11 61 0 0 0 302 60 0 20 0 0 32 48 0 0 150 8 681 11.1 30% Design Plans 20 20 80 8 128 11.2 Engineer’s Opinion of Cost 5 16 21 11.3 Drainage Design and Preliminary Drainage Design Report 60 20 80 11.4 Roadway Design 100 40 16 30 186 11.4.1 Horizontal and Vertical Alignment Plans 24 24 11.4.2 Typical Roadway Sections 24 24 11.4.3 Paving 10 10 T9 Basis of Design T10 Environmental Documentation & Permitting Assistance T11 30% Design T4 Stakeholder Coordination T5 Data Collection / Review of Existing Information T6 Surveying and Mapping T7 Geotechnical Engineering T8 Traffic Analysis T1 Project Management & Administration T2 Quality Assurance / Quality Control T3 Public Involvement C:\Users\CSANDERS\Documents\City of Bremerton\Naval Bike Pd Imprv\Agreements\Original Agreement\Bremerton Naval Bike Ped Improv ESTIMATE 11-21-2019.xlsm Printed 1/7/202010:15 AMAcevedo, Robert CChauhan, ShikhaHarper, Jennifer KFinn, Maureen CFrench, Cameron CHaddeland, Ryan TGurrad, Matthew CJohnson, Ty MJohnson, Lawrence SSanders, Cody LeeMagee, Brian GPi, Jake Sung JoonRaaberg, Leanne NWang, HuaWilcox, Carlos CBarbeau, Janae Lal Labor Hours 11.4.4 Pavement Marking 16 40 56 11.5 Traffic Design 16 8 24 11.5.1 inventory Signal Equipment 0 11.5.2 Signal Design 0 11.5.3 Illumination Design 4 4 11.6 Retaining Wall Design 0 11.7 Utility Design 16 28 44 11.8 30% Submittal 20 20 40 80 0 12 108 40 0 0 450 250 2 0 34 0 32 102 0 0 210 0 1228 12.1 Survey, Control and Alignment 8 4 80 92 12.2 Typical Roadway Sections 20 40 4 30 94 12.3 Site Preparation 16 40 4 60 12.4 Temporary Erosion and Sedimentation Control (TESC)74 4 78 12.5 Roadway Profiles and Superelevation 20 20 4 44 12.6 Paving 24 24 4 52 12.7 Intersection Grading 20 20 8 48 12.8 Pedestrian / Bicycle Details 16 16 32 12.9 Driveway & Property Interface Grading & Details 60 24 10 20 114 12.10 Drainage System Plans & Details 100 100 12.11 Drainage Design Report 40 40 Retaining Wall Plan, Profile & Details 0 12.12 Pavement Marking 4 8 40 52 12.13 Signing Plans, Schedules & Details 8 40 48 12.14 Signals, Illumination, & ITS 10 10 12.15 Streetscape, Landscape and Irrigation 40 2 42 12.16 Traffic Control 4 22 26 12.17 Utility Potholing 2 8 16 8 34 12.18 60% Submittal 30 20 20 24 94 12.19 90% Submittal 30 20 20 24 94 12.2 100% Submittal 20 20 10 24 74 13 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Ad-Ready Submittal 0 0 14 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 15 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 16 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 MRF 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Task Total Hours 469.00 40.00 27.00 8.00 864.00 314.00 6.00 36.00 74.00 94.00 82.00 322.00 16.00 18.00 392.00 20.00 2782.00 Subtotal Mgmt Res Total Direct Salary Cost (DSC)$134,821.40 $16,039.44 $150,860.84 Overhead @ 155.99% of DSC $210,307.89 $25,019.91 $235,327.80 Fixed Fee @ 28.50% of DSC $38,424.11 $4,571.24 $42,995.35 $383,553.40 $45,630.59 $429,183.99 T16 Real Estate Services (to be scoped in a future supplement) Management Reserve Fund (MRF) T14 Funding Support (to be scoped in a future supplement) T15 Bidding Phase Assistance (to be scoped in a future supplement T12 Final Design - PS&E T13 Ad-Ready Submittal (to be scoped in a future supplement) C:\Users\CSANDERS\Documents\City of Bremerton\Naval Bike Pd Imprv\Agreements\Original Agreement\Bremerton Naval Bike Ped Improv ESTIMATE 11-21-2019.xlsm EXPENSES City of Bremerton: Naval Ave Pedestrian and Bicycle Enhancements Copies/Page 11x17 B&W POV Mileage/mile Copies/Page 8.5x11 B&W Bond Plots - Color (per sq. ft.) Office Expenses Travel Office Expenses Office Expenses OTHER DIRECT COSTS Each Each Each Each Unit Cost $0.09 $0.58 $0.05 $0.90 1 Quantity 50 400 100 0 Task Total $4.50 $232.00 $5.00 $0.00 $241.50 2 Quantity 200 0 200 0 Task Total $18.00 $0.00 $10.00 $0.00 $28.00 3 Quantity 200 400 100 600 Task Total $18.00 $232.00 $5.00 $540.00 $795.00 4 Quantity 100 200 0 200 Task Total $9.00 $116.00 $0.00 $180.00 $305.00 5 Quantity 50 0 50 0 Task Total $4.50 $0.00 $2.50 $0.00 $7.00 6 Quantity 100 0 0 0 Task Total $9.00 $0.00 $0.00 $0.00 $9.00 7 Quantity 50 0 50 0 Task Total $4.50 $0.00 $2.50 $0.00 $7.00 8 Quantity 0 200 100 0 Task Total $0.00 $116.00 $5.00 $0.00 $121.00 9 Quantity 50 400 200 0 Task Total $4.50 $232.00 $10.00 $0.00 $246.50 10 Quantity 0 0 0 0 Task Total $0.00 $0.00 $0.00 $0.00 $0.00 11 Quantity 600 400 0 0 Task Total $54.00 $232.00 $0.00 $0.00 $286.00 12 Quantity 1000 400 0 0 Task Total $90.00 $232.00 $0.00 $0.00 $322.00 13 Quantity 0 0 0 0 Task Total $0.00 $0.00 $0.00 $0.00 $0.00 14 Quantity 0 0 0 0 Task Total $0.00 $0.00 $0.00 $0.00 $0.00 15 Quantity 0 0 0 0 Task Total $0.00 $0.00 $0.00 $0.00 $0.00 Total ODC 216.00$ 1,392.00$ 40.00$ 720.00$ 2,368.00$ Total ODCT10 Environmental Documentation & Permitting Assistance T11 30% Design T12 Final Design - PS&E T13 Ad-Ready Submittal (to be scoped in a future supplement) T14 Funding Support (to be scoped in a future supplement) T5 Data Collection / Review of Existing Information T6 Surveying and Mapping T7 Geotechnical Engineering T8 Traffic Analysis T9 Basis of Design T1 Project Management & Administration T2 Quality Assurance / Quality Control T3 Public Involvement T4 Stakeholder Coordination T15 Bidding Phase Assistance (to be scoped in a future supplemen C:\Users\CSANDERS\Documents\City of Bremerton\Naval Bike Pd Imprv\Agreements\Original Agreement\Bremerton Naval Bike Ped Improv ESTIMATE 11-21-2019.xlsm SUBCONSULTANTS City of Bremerton: Naval Ave Pedestrian and Bicycle Enhancements PH Consulting PRR Consulting HWA Geosciences 1Alliance SUBCONSULTANTS 1 Task Total $0.00 $0.00 $0.00 $0.00 $0.00 2 Task Total $0.00 $0.00 $0.00 $0.00 $0.00 3 Task Total $0.00 $20,291.00 $0.00 $0.00 $20,291.00 6 Task Total $0.00 $0.00 $0.00 $76,494.00 $76,494.00 7 Task Total $0.00 $0.00 $39,815.00 $0.00 $39,815.00 8 Task Total $0.00 $0.00 $0.00 $0.00 $0.00 9 Task Total $0.00 $0.00 $0.00 $0.00 $0.00 11 Task Total $17,120.00 $0.00 $0.00 $0.00 $17,120.00 12 Task Total $29,128.00 $0.00 $0.00 $0.00 $29,128.00 14 Task Total $0.00 $0.00 $0.00 $0.00 $0.00 Total Subconsultants 46,248.00$ 20,291.00$ 39,815.00$ 76,494.00$ 182,848.00$ T6 Surveying and Mapping Total SubconsultantsT1 Project Management & Administration T2 Quality Assurance / Quality Control T3 Public Involvement T7 Geotechnical Engineering T8 Traffic Analysis T9 Basis of Design T11 30% Design T12 Final Design - PS&E T14 Funding Support (to be scoped in a future supplement) FEE ESTIMATE City of Bremerton: Naval Ave Pedestrian and Bicycle Enhancements Task #Task Description Total Labor Total Expenses Total Subconsultants TOTAL 1 T1 Project Management & Administration $42,602.88 $241.51 $0.00 $42,844.39 2 T2 Quality Assurance / Quality Control $16,017.17 $28.00 $0.00 $16,045.17 3 T3 Public Involvement $10,481.42 $795.00 $20,291.00 $31,567.42 4 T4 Stakeholder Coordination $13,175.94 $305.00 $0.00 $13,480.94 5 T5 Data Collection / Review of Existing Information $3,507.04 $7.00 $0.00 $3,514.04 6 T6 Surveying and Mapping $2,723.78 $9.00 $76,494.00 $79,226.78 7 T7 Geotechnical Engineering $2,383.54 $7.00 $39,815.00 $42,205.54 8 T8 Traffic Analysis $31,762.46 $121.00 $0.00 $31,883.46 9 T9 Basis of Design $7,995.72 $246.50 $0.00 $8,242.22 10 T10 Environmental Documentation & Permitting Assistance $714.84 $0.00 $0.00 $714.84 11 T11 30% Design $91,739.81 $286.00 $17,120.00 $109,145.81 12 T12 Final Design - PS&E $160,448.80 $322.00 $29,128.00 $189,898.80 13 T13 Ad-Ready Submittal (to be scoped in a future supplement)$0.00 $0.00 $0.00 $0.00 14 T14 Funding Support (to be scoped in a future supplement)$0.00 $0.00 $0.00 $0.00 15 T15 Bidding Phase Assistance (to be scoped in a future supplement)$0.00 $0.00 $0.00 $0.00 16 T16 Real Estate Services (to be scoped in a future supplement)$0.00 $0.00 $0.00 $0.00 MRF Management Reserve Fund (MRF)$0.00 $0.00 $0.00 $45,630.59 $614,400.00 Exhibit E Sub-consultant Cost Computations There isn’t any sub-consultant participation at this time. The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. Refer to section VI “Sub-Contracting” of this AGREEMENT. Agreement Number: Exhibit E - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 08/15/2019 Page 1 of 1 Acceptance ICR Audit Office Review July 16, 2019 1 Alliance Geomatics 1261A-120th Avenue NE Bellevue, WA 98005 Subject: Acceptance FYE 2018 ICR – Audit Office Review Dear Michael Paradis: Transmitted herewith is the WSDOT Audit Office’s memo of “Acceptance” of your firm’s FYE 2018 Indirect Cost Rate (ICR) of 157.22% of direct labor. This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with your firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7019 or via email consultantrates@wsdot.wa.gov. Regards; ERIK K. JONSON Contract Services Manager EKJ:ah 19-180 Bicycle and Pedestrian Enhancements HDR City of Bremerton TASK 1 SURVEY AND MAPPING Principal Surveyor Project Manager PLS Assist PM CADD 5 CADD 4 CADD 3 Tech 5 Tech 4 Tech 3 Tech 2 Tech 1 Admin Hours Labor Dollars Task DSC Rate 91.00$ 64.00$ 48.00$ 46.50$ 44.33$ -$ 34.00$ 44.33$ -$ 34.00$ -$ -$ 46.50$ 1.1. Survey PM, Admin, QA/QC 4 16 24 2 8 10 10 4 78 3,957$ 1.2. Survey Control 2 4 16 8 30 30 90 3,911$ 1.3. Field Surveying and Mapping 4 8 50 50 112 4,793$ 1.4. Utility Surveying Services 1 2 4 8 40 40 95 3,899$ 1.5. Office Processing 4 8 16 96 124 5,900$ 1.6. Utilities, Right-of-Way and Parcels (GIS)0.5 1 2 4 198$ - -$ - -$ 15.5 39 60 2 122 0 0 130 0 130 0 0 4 503 Total Dollars 1,410.50$ 2,496.00$ 2,880.00$ 93.00$ 5,408.26$ -$ -$ 5,762.90$ -$ 4,420.00$ -$ -$ 186.00$ - 22,657$ - Direct Salary Cost 22,657$ Overhead Cost 157.22%35,621$ Fee (*DSC)29%6,570$ 64,848$ Mileage 1820 0.58 1,056$ 4,270.25$ Materials -$ 2,000$ *estimated -$ 4,320$ ODC's (Other Direct Costs)-$ Non-Invoiced (mileage; repro; etc.)Mile/repro 1,055.60$ 1,056$ -$ Invoiced (sub-c; rental; etc.)TBD 10,590.25$ 10,590$ 76,494$ Contract Total OtherSUB TOTAL SUB TOTAL ODC BREAKDOWN INVOICED Traffic Control UG Utility Locates Ferry 3D LS/iStar/Cyclone repro computer other NON-INVOICED Cost + FF (DSC) Pricing Proposal City of Bremerton, Bicycle and Pedestrian Enhancements HDR Total Labor DRAFT Acceptance ICR CPA Report June 18, 2019 HWA GeoSciences, Inc. 21312 30th Drive SE, Suite 110 Bothell, WA 98021 Subject: Acceptance FYE 2018 ICR – CPA Report Dear Vasiliy Babko: We have accepted your firms FYE 2018 Indirect Cost Rate (ICR) of 175.44% of direct labor (rate includes 0.39% Facilities Capital Cost of Money) based on the “Independent CPA Report,” prepared by T-Max CPA. This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with the firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7019 or via email consultantrates@wsdot.wa.gov. Regards; ERIK K. JONSON Contract Services Manager EKJ:ah GL Account Balance Unallowable Costs FAR Ref Total Proposed % of Direct Labor Direct Labor 1,318,494$ -$ 1,318,494$ Fringe Benefits: Bonuses 86,395$ -$ 86,395$ PTO 276,310 - 276,310 401 k 69,052 - 69,052 Employee group insurance 183,329 - 183,329 Workers' comp 6,574 - 6,574 Payroll taxes 169,173 (1,361) (1)167,812 Other employee benefits 5,062 - 5,062 Total Fringe Benefits 795,895$ (1,361)$ 794,534$ 60.26% General Overhead: Indirect labor 657,070$ (30,216)$ (2)626,854$ Bid and proposals 64,771 - 64,771 Automobile expense 19,491 - 19,491 Advertising and marketing 34,750 (34,750) (2)- Bank service charges 2,638 - 2,638 Contributions 1,095 (1,095) (3)- Computer and software expenses 107,268 - 107,268 Depreciation and amortization 42,048 - 42,048 Dues and subscriptions 5,155 - 5,155 Insurance 103,347 - 103,347 Interest 18,585 (18,585) (4)(5)- Maintenance and repairs 11,834 - 11,834 Meals and entertainment 3,712 (184) (6)3,528 Office supplies and postage 18,752 (26) (7)18,726 Printing 17,852 - 17,852 Professional fees 59,938 (1,215) (8)58,723 Seminars and professional education 29,507 (2,073) (6)(9)(10)27,434 Supplies 45,184 - 45,184 Rent and utilities 260,805 - 260,805 Taxes and licenses 165,185 (81,400) (5)(11)83,785 Telecommunications 44,086 (34) (5)44,052 Travel 9,164 (1,449) (6)(9)(10)7,715 Recovery (24,376) (13,313) (12)(37,689) Total General Overhead 1,697,861$ (184,340)$ 1,513,521$ 114.79% 2,493,756$ (185,701)$ 2,308,055$ 175.05% Facilities Capital Cost of Money (FCCM)5,111$ 0.39% Description HWA GEOSCIENCES, INC. STATEMENT OF DIRECT LABOR, FRINGE BENEFITS, AND GENERAL OVERHEAD FOR THE YEAR ENDED DECEMBER 31, 2018 Total Fringe Benefits and General Overhead See notes to the indirect cost statement. Page | 3 (1) 31.201-6 (a) Accounting for unallowable costs - When an unallowable cost is incurred, its directly associated costs are also unallowable. (2) (3) (4) 31.205-20 - Interest and other financial costs - Interest on borrowings (however represented) are unallowable. (5) (6) (7) 31.205-13 (b) Employee morale, health, welfare, food service, and dormitory costs and credits - Costs of gifts are unallowable. (8) (9) 31.201-2 (d) Determining allowability - Costs not supported with documentation are unallowable. (10) 31.205-51 Costs of alcoholic beverages - Costs of alcoholic beverages are unallowable. (11) (12) 31.201-1 (a) Composition of total costs - Costs unrelated to labor based contracts should be eliminated from the overhead calculation. 31.205-41 (b) (7) Taxes - Income tax accruals designed to account for the tax effects of differences between taxable income and pretax income as reflected by the books of account and financial statements are unallowable. 31.202 (a) Direct costs - Direct costs of the contract shall be charged directly to the contract. 31.205-1 (f) (1) Public relations and advertising costs - All public relations and advertising costs whose primary purpose is to promote the sale of products or services by stimulating interest in a product or product line, or by disseminating messages calling favorable attention to the contractor for purposes of enhancing the company image to sell the company’s products or services are unallowable. 31.205-8 Contributions or donations - Contributions or donations, including cash, property and services, regardless of recipient, are unallowable. HWA GEOSCIENCES, INC. DESCRIPTION OF FAR REFERENCES FOR THE YEAR ENDED DECEMBER 31, 2018 31.205-14 Entertainment costs – Costs of amusement, diversions, social activities, and any directly associated costs such as tickets to shows or sports events, meals, lodging, rentals, transportation, and gratuities are unallowable. 31.205-15 (a) Fines, penalties, and mischarging costs - Costs of fines and penalties resulting from violations of, or failure of the contractor to comply with, Federal, State, local, or foreign laws and regulations, are unallowable. Page | 4 2019-P152-21 COST ESTIMATE FOR GEOTECHNICAL SERVICES Date:21-Oct-2019 Naval Avenue, Improvements Revised:13-Dec-2019 Bremerton, Washington Prepared for:HDR Prepared By:MSP/SRB PROPOSED SCOPE: ESTIMATED HWA LABOR TASK: WORK TASK Geotechnical Engr. IX Principal IX Geotechnical Engr. VII Geotechnical Engr. VI Geotechnical Engr. III Geotechnical Engr. I Geologist VI Geologist I Geologist I Admin Support Contracts Admin CAD TOTAL DIRECT LABOR DESCRIPTION Boirum Sugar Hawkins Place Brodahl Miller Thurber Pemble York Fisk Babko Menz $91.50 $82.00 $70.00 $66.00 $55.00 $38.00 $42.00 $34.00 $27.00 $25.00 $37.00 $38.00 HOURS AMOUNT 5.1 Project Setup Project Setup 3 3 6 $276 Attend Project Kickoff Meeting 6 6 $396 5.2 Geotechnical Exploration Program Collect and review available geotechnical data 1 4 5 $218 Plan Geotechnical Field Exploration Program 1 4 2 7 $294 Conduct Utility Locates 14 14 $532 Generate Geotechnical Explorations Work Plan Memo and Develop TCPs 2 8 2 12 $512 Conduct Hand Augers and DCP's 12 12 24 $864 Conduct Pavemnet Cores and Hand Augers with DCP 12 12 24 $864 Generate Boring Logs and Assign Laboratory Testing 2 10 4 16 $680 5.4 Geotechnical Engineering Analyses and Recommendations Evaluate Field and Laboratory Data 1 4 5 $218 Generate AASHTO Seismic Design Parameters 1 4 5 $218 Evaluate Liquefaction Potential Within Observed Soils 1 1 2 4 $197 Pavemenet Design Analyses 8 8 $560 HWA QA/QC 2 6 8 $579 Project Coordination Meetings (Assume 2 Meetings)8 8 $528 Prepare Draft and Draft Final Geotechnical Engineering Report 2 4 4 16 2 4 32 $1,434 Respond to Geotechnical Related Review Comments 2 2 4 $186 Misc Engineering Support (Assume 10 hours)5 5 10 $605 Conduct Plan and Specification Review 4 10 14 $814 Final Geotechnical Engineering Report 4 6 2 2 14 $618 5.5 HWA Project Management Invoice Generation and Processing 6 10 16 $766 Geotechnical Task Management 4 4 8 $484 TOTAL LABOR:2 0 10 56 29 98 4 24 0 4 13 10 250 $11,843 HWA LABOR COSTS Direct Salary Cost (DSC)$11,843 $750 Overhead (OH) @ 175.44% of DSC $20,777 Traffic Control Sign Rental and Message Board Rental $1,000 Fixed Fee @ 29% of DSC $3,434 $200 TOTAL LABOR:$36,055 $1,810 GEOTECHNICAL LABORATORY TEST SUMMARY: TOTAL OTHER COST:$3,760 Est. No.Unit Total Test Tests Cost Cost Grain Size Distribution 10 $115 $1,150 ESTIMATED PROJECT TOTALS Natural Moisture Content 10 $22 $220 Labor Costs $36,055 Atterberg Limits (plasticity index)2 $220 $440 Other Costs $3,760 LABORATORY TOTAL:$1,810 TOTAL ESTIMATED COST: $39,815 See Attached Scope of Work PERSONNEL AND 2020 HOURLY RATES Mileage / Misc. ESTIMATED OTHER COSTS Laboratory Testing Core Holes $50/hole Copy of Budget Estimate_rev1_SB HWA Geosciences Inc. Exhibit E Consultant Fee Determination - Fee Summary Bremerton Naval Way PH Consulting Staff Category Hours Rate Cost Senior Project Manager 18 $ 70.00 $ 1,260.00 Project Manager 86 $ 60.00 $ 5,160.00 Senior Traffic Engineer 102 $ 60.00 $ 6,120.00 CAD Designer 148 $ 40.00 $ 5,920.00 Office Administrator 6 $ 35.00 $ 210.00 Office Assistant 24 $ 25.00 $ 600.00 Total Hours 384 $ 19,270.00 Direct Labor Cost $ 19,270.00 Overhead Rate @ 110% of Direct Labor $ 21,197.00 Fee @30% of Direct Labor $ 5,781.00 Direct Salary Cost $ 46,248.00 Direct Expenses Unit Cost Total Traffic Counts -$ Reproduction Costs Full Sized Copies (Bond) 1 100 100.00$ Full Sized (PVC)-$ Reprographics 1 200 200.00$ Parking/Tolls 6 6 36.00$ 2019 Mileage Rates 420 $0.58/Mi 243.60$ 0 0 Sub-Total Direct Expenses $ 579.60 PE Phase Fee (Tasks 1-6) $ 46,248.00 - $ - Total Fee $ 46,827.60 11/13/2019 1 Acceptance ICR CPA Report January 6, 2020 PRR, Inc. 1501 Fourth Avenue, Suite 550 Seattle, WA 98101 Subject: Acceptance FYE 2018 ICR – CPA Report Dear BJ Foster: We have accepted your firms FYE 2018 Indirect Cost Rate (ICR) of 172.12% of direct labor (rate includes 0.30% Facilities Capital Cost of Money) based on the “Independent CPA Report,” prepared by Smith Bunday Berman Britton, P.S. This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with the firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7019 or via email consultantrates@wsdot.wa.gov. Regards; ERIK K. JONSON Contract Services Manager EKJ:ah 14151617181920212223242526272829303132333435363738394041424344454647484950515253545556575859606162636465666768AB C D E F G H I J K L M N O P QBremerton Naval Ave ImprovementsCommunity OutreachEstimated Dates of Service January 31, 2020 thru December 01, 2020ESTIMATE ONLY1/31/2020Colleen Gants Andrew Royer Mila Lassuy Alex Sobie Nino Mascorella Christine Kelly Daniel Kessler Jill Hannay Open12/1/2020Senior Director Consultant II Consultant ISenior Consultant Consultant IISenior Administrator Consultant IIAssociate Director TitleTaskQuantity 89.49$ 30.77$ 28.85$ 58.88$ 31.01$ 37.14$ 30.29$ 57.69$ Check NameExpenses Subtotals TotalsPhase I: Project AdministrationA:Project set up and planning 4 2 6 $ - 197$ B:Monthly invoice and progress reports 121212 24 $ - 815$ C:Kickoff meeting 144 $ - 123$ D:Team meetings (as-needed)88 $ - 246$ E: $ - -$ Subtotal28 14 42 $ - 1,382$ Phase II: Community Engagement ActivitiesA:Door-to-door21212 $ - 369$ B:Door-to-door summary 244 $ - 123$ C:Reserve outreach hours $ - -$ D: $ - -$ E: $ - -$ Subtotal1616 $ - $ 492 Phase III: Public MeetingsA:Open house logistics 21616 $ - 492$ B:Open house staffing 21212 $ - 369$ C:Postcards $ - -$ D:Flyers $ - -$ x: $ - -$ E:Online open house 122528 251173 -$ 2,706$ F.Open house summaries 2 189 $ - 336$ Subtotal3 61 2 8 25 11 110 $ - 3,903$ Phase xx: x: $ - -$ x: $ - -$ x: $ - -$ x: $ - -$ x: $ - -$ Subtotal $ - $ - Phase IV:Final reportA:Compile all outreach 122 $ - 62$ B: $ - -$ C: $ - -$ D: $ - -$ E: $ - -$ Subtotal22 $ - 62$ Sub-Total Hours 2020 Naval Budget Template_ V4_PRR unburdened.xlsm 1/7/2020Page 1 of 3 69707172737475767778798081828384858687888990919293949596979899100101102103104105106107108109110111112113114115116117118119120121122123124125126127128129130AB C D E F G H I J K L M N O P QPhase V:A: $ - -$ B: $ - -$ C: $ - -$ D:-$ E: $ - -$ Subtotal $ - -$ Phase VI:ExpensesA:B:Mileage 30 $ 17 17$ C:Ferry travel by car (roundtrip) 4 $ 161 161$ D:Web design 11 $ 2,532 2,532$ E: $ - -$ Subtotal $ 2,710 2,710$ Phase VII: A: $ - -$ B: $ - -$ C: $ - -$ D: $ - -$ E: $ - -$ Subtotal $ - -$ Phase VIII: A: $ - -$ B: $ - -$ C: $ - -$ D: $ - -$ E: $ - -$ Subtotal $ - $ - Phase IX: A: $ - -$ B: $ - -$ C: $ - -$ D: $ - -$ E:-$ -$ Subtotal $ - -$ Phase X:A: $ - -$ B: $ - -$ C: $ - -$ D: $ - -$ E: $ - -$ Subtotal $ - -$ Phase XI:A: $ - -$ B: $ - -$ C: $ - -$ D:-$ E: $ - -$ Subtotal $ - -$ 2020 Naval Budget Template_ V4_PRR unburdened.xlsm 1/7/2020Page 2 of 3 131132133134135136137138139140141142143144145146147148149150151152153154155156157158AB C D E F G H I J K L M N O P QPhase XII:A: $ - -$ B: $ - -$ C: $ - -$ D: $ - -$ E: $ - -$ Subtotal $ - -$ Total Hours3 107 2 8 14 25 11 170 Staff and Expense Totals $ 268 $ 3,292 $ - $ 118 $ 248 $ 520 $ 757 $ 635 $ - $ 2,710 8,549$ Overhead 172.12%10,049$ Fixed Fee 29.00%1,693$ Escalator PercentagePercentage of Work CompletedCurrent Year100%Year 2 Year 3Year 4Year 5TOTAL BUDGET $ 20,291 2020 Naval Budget Template_ V4_PRR unburdened.xlsm 1/7/2020Page 3 of 3 Exhibit F Title VI Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: 1. 2. 3. 4. 5. 6. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the “REGULATIONS”), which are herein incorporated by reference and made a part of this AGREEMENT. Non-discrimination: The CONSULTANT, with regard to the work performed during this AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub-consultants, including procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when this AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. Solicitations for Sub-consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub-contract, including procurement of materials or leases of equipment, each potential sub- consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT’s obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color, sex, or national origin. Information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the AGENCY, the STATE, or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, the STATE, or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. Sanctions for Non-compliance: In the event of the CONSULTANT’s non-compliance with the non- discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE, or the FHWA may determine to be appropriate, including, but not limited to: Withholding of payments to the CONSULTANT under this AGREEMENT until the CONSULTANT complies, and/or; Cancellation, termination, or suspension of this AGREEMENT, in whole or in part. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through (5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub-consultant or procurement as the STATE, the AGENCY, or FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub-consultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY enter into such litigation to protect the interests of the STATE and/or the AGENCY and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. Agreement Number: Exhibit F - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 08/15/2019 Page 1 of 1 Exhibit G Certification Documents Exhibit G-1(a) Certification of Consultant Exhibit G-1(b) Certification of _______________________________ Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying Exhibit G-4 Certificate of Current Cost or Pricing Data Agreement Number: Page 1 of 1 Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 08/15/2019 Exhibit G-1(a) Certification of Consultant I hereby certify that I am the and duly authorized representative of the firm of whose address is and that neither the above firm nor I have: a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure this AGREEMENT; b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any); I acknowledge that this certificate is to be furnished to the and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Consultant (Firm Name) Signature (Authorized Official of Consultant) Date Agreement Number: Page 1 of 1 Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 08/15/2019 Exhibit G-1(b) Certification of I hereby certify that I am the: Other of the , and or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: a) Employ or retain, or agree to employ to retain, any firm or person; or b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): I acknowledge that this certificate is to be furnished to the and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Signature Date Agreement Number: Page 1 of 1 Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 08/15/2019 Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; B. Have not within a three (3) year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State anti-trust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and D. Have not within a three (3) year period preceding this application / proposal had one or more public transactions (Federal, State and local) terminated for cause or default. II. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Consultant (Firm Name) Signature (Authorized Official of Consultant) Date Agreement Number: Page 1 of 1 Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 08/15/2019 Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative AGREEMENT, and the extension, continuation, renewal, amendment, or modification of Federal contract, grant, loan or cooperative AGREEMENT. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete and submit Standard Form - LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00, and not more than $100,000.00, for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier sub-contracts, which exceed $100,000, and that all such sub-recipients shall certify and disclose accordingly. Consultant (Firm Name) Signature (Authorized Official of Consultant) Date Agreement Number: Page 1 of 1 Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 08/15/2019 Exhibit G-4 Certificate of Current Cost or Pricing Data This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section 2.101 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted, either actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer ’s representative in support of * are accurate, complete, and current **as of . This certification includes the cost or pricing data supporting any advance AGREEMENT’s and forward pricing rate AGREEMENT’s between the offer or and the Government that are part of the proposal. Firm: Signature Title Date of Execution***: *Identify the proposal, quotation, request for pricing adjustment, or other submission involved, giving the appropriate identifying number (e.g. project title.) **Insert the day, month, and year, when price negotiations were concluded and price AGREEMENT was reached. ***Insert the day, month, and year, of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. Agreement Number: Page 1 of 1 Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 08/15/2019 Exhibit I Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant’s alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1 Potential Consultant Design Error(s) is Identified by Agency’s Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency’s project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer’s concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs, records of labor, materials and equipment. Step 3 Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manager and any personnel (including sub-consultants) deemed appropriate for the alleged design error(s) issue. Step 4 Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultant’s alleged design error(s), there are three possible scenarios: It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant’s agreement with the agency for the services on the project in which the design error took place. The agency is to provide LP, through the Region Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements. No further action is required. There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. Agreement Number: Exhibit I - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 08/15/2019 Page 1 of 2 Step 5 Forward Documents to Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary, LP will request assistance from the Attorney General’s Office for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement. If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. LP, in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue. If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or by litigation. Agreement Number: Exhibit I - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 08/15/2019 Page 2 of 2 Exhibit J Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant’s claim(s) are a total of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant’s claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1 Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement’s scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency’s project manager. The consultant’s claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; Any correspondence that directed the consultant to perform the additional work; Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 Review by Agency Personnel Regarding the Consultant’s Claim for Additional Compensation After the consultant has completed step 1, the next step in the process is to forward the request to the Agency’s project manager. The project manager will review the consultant’s claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project’s funding, forward a copy of the consultant’s claim and the Agency’s recommendation for federal participation in the claim to the WSDOT Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs (if applicable), and FHWA (if applicable) agree with the consultant’s claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim. After the request has been approved, the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. If the Agency does not agree with the consultant’s claim, proceed to step 3 of the procedures. Agreement Number: Exhibit J - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 08/15/2019 Page 1 of 2 Step 3 Preparation of Support Documentation Regarding Consultant’s Claim(s) If the Agency does not agree with the consultant’s claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: Copy of information supplied by the consultant regarding the claim; • Agency’s summation of hours by classification for each firm that should be included in the claim; Any correspondence that directed the consultant to perform the additional work; • Agency’s summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; • Explanation regarding those areas in which the Agency does/does not agree with the consultant’s claim(s); Explanation to describe what has been instituted to preclude future consultant claim(s); and Recommendations to resolve the claim. Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5 Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding the consultant’s claim(s). Include the final dollar amount of the accepted claim(s) and rationale utilized for the decision. Step 6 Preparation of Supplement or New Agreement for the Consultant’s Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. Agreement Number: Exhibit J - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 08/15/2019 Page 2 of 2 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Forestland Response Agreement with the Department of Natural Resources, South Puget Sound Region for Wildland Firefighting Support Study Session Date: January 22, 2020 COUNCIL MEETING Date: February 5, 2020 Department: Fire Presenter: Pat McGanney Phone: (360) 473-5381 SUMMARY: This agreement is between the City of Bremerton and the Washington State Department of Natural Resources (DNR), South Puget Sound Region, for wildland firefighting support. DNR agrees to reimburse the city for expenditures associated with personnel or equipment for responding to wildfire assignments. ATTACHMENTS: Washington Department of Natural Resources Forestland Response Agreement FISCAL IMPACTS (Include Budgeted Amount): Temporary financial impact while awaiting reimbursement from DNR STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Department of Natural Resources Forestland Response Agreement with the City of Bremerton; 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 5M <<Agreement No>> Page 1 of 12 FLRA 2017 – 03.19.18 FORESTLAND RESPONSE AGREEMENT Agreement No. 93-098574 This Agreement is entered into between the state of Washington, Department of Natural Resources, South Puget Sound Region, hereinafter referred to as “DNR”, and the below named Fire Protection District/Department, hereinafter referred to as “District/Department.” City of Bremerton – Bremerton Fire Department 911 Park Ave Bremerton, WA 98337 Phone: 360-473-5380 FAX: 360-473-5397 Email: patrick.mcganney@ci.bremerton.wa.us Authority: This Agreement is entered into by DNR under the authority of RCW 76.04.015, RCW 76.04.135 and RCW 76.04.610(3); and by the District/Department under the authority of RCW 52.12.031, RCW 52.12.125 and RCW 35.21.010; and DNR and District/Department in conformity with RCW 39.34, the Interlocal Cooperation Act. In consideration of the terms, conditions and covenants contained herein, or attached and incorporated and made a part hereof, the Parties mutually agree as follows: 1. Purpose: The purpose of this Agreement is to (1) provide for mutual assistance and cooperation in the control and suppression of forestland fire and therefore to contract for the District/Department to provide fire protection services to an area within the jurisdiction of DNR and located in, or adjacent to, the District/Department and to contract for the DNR to assist in fire protection services on forestland within District/Department jurisdiction; and (2) dispatch and pay for fire service resources outside the fire service District/Department jurisdictional boundaries. 2. Scope: This Agreement pertains to forestland fire incidents within or adjacent to the District/Department boundaries and to District/Department resources ordered through the DNR Region or Division for dispatch outside of District/Department boundaries for support provided by DNR as outlined in Attachment A – Operational Guidelines for <<Agreement No>> Page 2 of 12 FLRA 2017 – 03.19.18 Resources ordered through the DNR Region or Division for dispatch outside of District/Department boundaries. 3. Term. The term of this agreement is January 2, 2020, or date of execution, whichever is later, through January 2, 2025. 4. Jurisdictional Responsibility: Within or adjacent to the District/Department boundaries, the statutory jurisdictional responsibility for fire control on forestland varies. It may be: (1) Sole DNR Jurisdiction: Land subject to Forest Fire Protection Assessment and District/Department is NOT collecting fire protection levy (2) Sole District/Department Jurisdiction: Land subject to District/Department fire protection levy and not subject to Forest Fire Protection Assessment. (3) Joint Jurisdiction: Land subject to Forest Fire Protection Assessment and the District/Department is collecting fire protection levy. 5. Mutual Aid Fire Incident Response: (1) Sole DNR Jurisdiction: In the event of a fire emergency in a sole DNR jurisdiction area, the DNR will respond. The District/Department may respond to provide immediate control action, minimize fire loss, and thereby indirectly protect its own jurisdiction area. DNR may request response from the District/Department to gain timely initial attack and control action, or to supplement DNR resources. (2) Sole District/Department Jurisdiction: In the event of a fire emergency in a sole District/Department jurisdiction area, the District/Department will respond. DNR may respond to provide immediate control action, minimize fire loss, and thereby indirectly protect its own jurisdiction area. The District/Department may request that DNR provide supplemental resources for fire emergency operations and support. (3) Joint Jurisdiction: In the event of a fire emergency in a joint jurisdiction area, both DNR and the District/Department will respond, subject to the availability of resources. 6. Off-Season Incidents: For this Agreement, no incident will be considered off-season. Fire season will be January 1-December 31 each year. 7. Command: (1) Sole DNR Jurisdiction Incidents: When the District/Department is the first arriving agency, the District/Department on-site initial responders shall establish command until released by a representative of DNR. <<Agreement No>> Page 3 of 12 FLRA 2017 – 03.19.18 (2) Sole District/Department Jurisdictional Incidents: When DNR is the first arriving agency, the DNR on-site initial responders shall establish command until released by a representative of the District/Department. (3) Joint Jurisdiction Incidents: The first arriving agency initial responders shall establish command and, upon the arrival of the other agency, unified command will be established and used for incident management. 8. Fire Control and Suppression Definitions: (1) Forestland: As the term is defined by RCW 76.04.005. (2) Ordering: Prior to the arrival of DNR at the incident, the initial attack incident commander may order special resources through DNR. That decision may be documented and payment authorized (see Section 11 of this Agreement) by DNR prior to the mobilization of special resources. (3) Special Resources: Air resources, dozers, heavy equipment, or other resources deemed necessary to contain and control the fire. 9. Operation Guidelines: (1) Forestland Response: Representatives of the District/Department and DNR shall mutually develop operation guidelines that provide principles, direction and guidance for the conduct of fire control operations related to forest land response. The operation guidelines shall be reviewed at least annually, and revised as necessary to achieve cooperation and understanding. (2) DNR Dispatch: See Attachment A - Operation Guidelines for resources ordered through the DNR Region or Division for dispatch outside of the District/Department jurisdictional boundaries; which is incorporated by reference herein. 10. Fire Investigation: The District/Department and DNR agree to protect the origin area of any fire to the best of its ability. Fires will be jointly investigated when an incident originated in a joint jurisdiction area. A DNR fire investigator may investigate fires originating on, spreading to or threatening land subject to Forest Fire Protection Assessment (i.e., sole DNR or joint jurisdiction areas). 11. Costs: (1) Charges Not Required: One purpose of this Agreement is mutual assistance and cooperation in the control and suppression of fires (see Section 1 - Purpose). In most instances, resource costs will not be charged to the other party. However, there may be circumstances or conditions where the District/Department or DNR desires or is required to charge, or request reimbursement, for resource costs as described in Subsections (2), (3), (4), and (5) below. <<Agreement No>> Page 4 of 12 FLRA 2017 – 03.19.18 (2) Sole DNR Jurisdiction: If the District/Department responds, DNR will pay for District/Department personnel and equipment costs outside of mutual aid unless otherwise negotiated. (3) Sole District/Department Jurisdiction: If DNR responds, the District/Department will pay for DNR personnel and equipment costs outside of mutual aid unless otherwise negotiated. (4) Joint Jurisdiction: Initial attack through complete extinguishment of the fire, each party will pay its own costs. (5) DNR Dispatch: If District/Department personnel is dispatched by DNR outside of District/Department jurisdictional boundaries, DNR will pay for District/Department personnel and equipment costs. 12. Cost Reimbursement Procedures: (1) Forestland Response: Provisions within this Agreement for reimbursement of costs related to forest land response are subject to the following conditions: (a) Notice: Prior to costs being incurred as allowed by this Agreement (other than DNR Dispatch), notice of such expenditure must be given to DNR of the requesting agency prior to the expenditure or commitment of funds. (b) Invoice: Any resource provider costs, which are to be billed, must be invoiced within sixty (60) business days of the last date of incurred expense for the incident. (2) DNR Dispatch: Provisions within this Agreement for reimbursement of costs related to DNR dispatch are outlined in Attachment A - Operation Guidelines for resources ordered through the DNR Region or Division for dispatch outside of the District/Department jurisdictional boundaries; which is incorporated by reference herein. 13. Cost Reimbursement Rates: (1) Forestland Response: (a) Equipment costs shall be paid to the resource provider at the DNR Wage and Equipment Rates or as otherwise agreed to in writing by the respective authorized agency representatives. (b) Career/permanent and seasonal personnel costs will be reimbursed to the resource provider at the resource provider’s actual total cost. This will include backfill costs as outlined in the State Mobilization Plan. (2) DNR Dispatch: Cost reimbursement rates related to DNR dispatch are outlined in Attachment A - Operation Guidelines for resources ordered through the DNR Region or Division for dispatch outside of the District/Department boundaries. <<Agreement No>> Page 5 of 12 FLRA 2017 – 03.19.18 14. Insurance: DNR is an agency of the state of Washington and is therefore self-insured under the State’s Self-Insurance Liability Program. The District/Department shall, at all times during the term of this Agreement at its sole cost and expense, buy and maintain insurance of the types and amounts listed below. Failure to buy and maintain the required insurance may result in the termination of the Agreement at DNR’s option. If the District/Department is self-insured, evidence of its status as self-insured will be provided to DNR, and if deemed acceptable by DNR, shall satisfy the insurance requirements specified by this Section. The limits of insurance to be bought and maintained by the District/Department shall not be less than as follows: Minimum Coverage Requirements: These limits may not be sufficient to cover all liability losses and related claim settlement expenses. Purchase of these minimum limits of coverage does not relieve the District/Department from liability for losses and settlement expenses greater than these amounts. DNR shall not be charged for the cost for insurance coverage(s). District/Department is required to purchase insurance for a period of 36 months after completion of this Agreement. This requirement may be satisfied by the continuous purchase of an extended agreement. This requirement may be satisfied by the continuous purchase of an extended reporting period. During the term of the Agreement, District/Department must purchase and maintain the insurance coverage and limits specified below: (1) Commercial General Liability (CGL) Insurance or District/Department Equivalent. District/Department must purchase and maintain CGL on an Insurance Services Office (ISO) form CG 00 01 or equivalent form, covering liability arising from premises, operations, independent contractors, personal injury, products- completed operations, and liability assumed under an insured contract. Such insurance must be provided on an occurrence basis. If insurance is written on a “claims made” basis, the policy shall provide full coverage for prior acts or include a retroactive date that precedes the effective date of this Agreement. Insurance must include liability coverage with limits not less than those specified below: Description Dollar Amount General Aggregate Limit $2,000,000 (Other than products-completed operations) Each Occurrence Limit $2,000,000 (2) Employer's liability ("Stop Gap") Insurance: District/Department shall purchase and maintain employer’s liability insurance and if necessary, commercial umbrella liability insurance with limits not less than $1,000,000 each accident for bodily injury by accident or $1,000,000 each employee for bodily injury by disease. (3) Business Auto Policy (BAP) Insurance: If activities pursuant to this Agreement involve the use of vehicles, to include FEPP vehicles, the District/Department must purchase and maintain a BAP on an Insurance Services Office (ISO) form CA 00 01 or equivalent form. The Description of Covered Autos must include one or more of the following: <<Agreement No>> Page 6 of 12 FLRA 2017 – 03.19.18 a. “Any Auto” (Symbol 1). b. If District/Department-owned personal vehicles are used, the BAP must cover “Owned Autos Only” (Symbol 2). c. If District/Department hires autos, the BAP must cover “Hired Autos Only” (Symbol 8). d. If District/Department employee’s vehicles are used, the BAP must cover “Non- Owned Autos Only” (Symbol 9). Such insurance must be provided on an occurrence basis. The BAP insurance must include liability coverage with limits not less than those specified below. The District/Department is responsible for any deductible. Description Each Accident Bodily Injury and Property Damage $1,000,000 (4) Workers Compensation Insurance or Equivalent: The District/Department shall comply with all state of Washington workers compensation statutes and regulations. Coverage shall be provided for all employees and volunteers of the District/Department and shall include bodily injury (including death) that arises out of or in connection with the performance of this Agreement. 15. Service Limitations. The responses and fire suppression services provided for under this Agreement are intended to be rendered on the same basis as such services are rendered to other areas within the District/Department or DNR jurisdictions and neither party assumes liability for failure to provide services by reason of any circumstances beyond the party’s control. In the event of simultaneous fires or medical aid calls within the areas covered by this Agreement whereby facilities of either party are taxed beyond the party’s ability to render equal protection, the officers and agents of the party shall have sole discretion as to which call shall be answered first. The responding party shall have sole discretion to determine the manner and method of responding to and handling emergencies under this Agreement consistent with Section 7 - Command of this Agreement. 16. Benefits. This agreement is entered into for the benefit of the parties to this agreement only and shall confer no benefits, direct or implied, on any third persons. 17. Renegotiation and Modification: The terms and conditions of this Agreement may be renegotiated at the request of either Party between January 1 and March 1 of any year. Any modification or amendment of this Agreement must be in writing and must be signed by duly authorized agents of the Parties. 18. Assignment and Delegation: This Agreement, or any right or interest therein, may not be assigned or otherwise transferred by either Party without the prior written consent of the other Party. Any attempted assignment shall be void unless made in strict conformity with this section. Either Party may perform its duty through a delegate or agent, but shall not be thereby relieved of any duty to perform or any liability for breach of this Agreement. <<Agreement No>> Page 7 of 12 FLRA 2017 – 03.19.18 19. Remedies: Any remedy exercised by either Party shall not be deemed exclusive and either Party may pursue any and all other remedies available to it under the law. 20. Compliance with Laws: Parties shall comply with all applicable federal, state, and local laws, rules and regulations that govern each component of this Agreement. 21. Non–Waiver: Waiver by either Party of strict performance of any provision of this Agreement shall not act as a waiver of the right of the other Party to require future strict performance of the same provision or any other provision. 22. Interpretation and Venue: This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington. The venue of any action brought under this Agreement shall be in the Superior Court of Thurston County. 23. Severability: If any provision of this Agreement is held to be invalid, such invalidity shall not affect the other provisions of this Agreement that can be given effect without the invalid provision(s), and to this end the provisions of this Agreement are declared severable. 24. Termination: This Agreement may be terminated by either Party by the provision of ninety (90) days written notice, provided that neither Party may terminate this Agreement at any time between April 15 and October 15 of any year due to the fire danger during this period. 25. Agreement Managers: DNR AGREEMENT MANAGER Name: Jane Potter Title: Fire Regulations Coordinator Address: 950 Farman Ave No City/State/Zip: Enumclaw, WA. 98022 Phone: 360-825-1631 Email: jane.potter@dnr.wa.gov DISTRICT/DEPARTMENT AGREEMENT MANAGER Name: Patrick McGanney Title: Fire Chief Address: 911 Park Ave City/State/Zip: Bremerton, WA. 98337 Phone: 360-473-5380 Email: patrickmcganney@ci.bremerton.wa.us This Agreement supersedes all previous agreements. <<Agreement No>> Page 8 of 12 FLRA 2017 – 03.19.18 By signature below, the Agencies certify that the individuals listed in this document, as representatives of the Agencies, are authorized to act in their respective areas for matters related to this instrument. IN WITNESS WHEREOF, the parties have executed this Agreement. DISTRICT/DEPARTMENT STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES Signature Date Signature Date Greg Wheeler Scott Sargent Printed Name Printed Name Mayor South Puget Sound Region Manager Title Title DISTRICT/DEPARTMENT Signature Date Patrick McGanney Printed Name Bremerton Fire Chief Title DISTRICT/DEPARTMENT Signature Date Printed Name Title DISTRICT/DEPARTMENT Signature Date Printed Name Title <<Agreement No>> Page 9 of 12 FLRA 2017 – 03.19.18 Attachment A Operation Guidelines Resources ordered through the DNR Region or Division for dispatch outside of District/Department jurisdictional boundaries Department of Natural Resources (DNR) agrees to dispatch District/Department resources to incidents outside of the Districts/Department jurisdictional boundaries as needed to meet DNR responsibilities and as approved by the District/Department. Dispatches can include out of the state of Washington. Participation by a District/Department with incidents outside its jurisdiction is voluntary and separate from involvement in State Fire Mobilization. This Agreement extends to paid members: Washington Fire Service (WFS) paid members who participate on the Northwest Interagency Incident Management Teams (NWIMT primary/alternate pool/trainee) and any paid members who wish to participate in any other capacity on incidents in which District/Department supports. This agreement does NOT extend to volunteers: Members of Washington Fire Service who are volunteers will need to be hired by the DNR via the DNR casual hire process. This may be completed pre-season or at the time of the incident. Your local DNR Region office will handle the casual hire process. District/Department agrees: 1) All personnel dispatched outside of their jurisdictional boundaries will have a valid Incident Qualification Card (red card) stating current qualifications; and will adhere to qualifications and standards described in PMS 310-1; 2) To provide a copy of the Master IQS Record for each participating employee (needed to update status in the Resource Ordering Status System (ROSS); 3) To keep equipment and personnel status current in ROSS by selecting option a. or b. below as the preferred option. List available resources on the following resource list addendum. (Check one): a. DNR Region will give Web-Status rights to ROSS for district employees. It is the employee’s responsibility to ensure that their status is accurate. b. DNR Region will status your employees. For this option, you would need to provide your local DNR Region Dispatch with the status of your employees every Monday by 1200 hours. Dispatch would then update their status in ROSS for that week (0800 Tuesday to 0800 Tuesday). For dispatches outside of the DNR region, approval from DNR host region fire staff is required. Host region fire staff will coordinate with Wildfire Division in order to ensure statewide readiness. 4) To notify your local DNR Region of any changes in status of personnel/equipment (i.e.; dispatched/demob under State Fire Mobilization, demob & ETA home from incidents dispatched thru DNR, etc.); <<Agreement No>> Page 10 of 12 FLRA 2017 – 03.19.18 5) All personnel and equipment dispatched will be paid by the District/Department; (except volunteers will follow payment procedures outlined in their individual agreement and be paid directly by DNR); 6) All Equipment and Personnel dispatched under this agreement will arrive at each incident with a copy of their current Forestland Response Agreement. 7) Invoice for personnel and equipment costs billed to DNR will include: a. Original Emergency Fire Time Report (OF-288); hourly wage rate (regular and OT) for personnel hours on the OF-288. This applies to paid district/department staff. Volunteers will be paid directly by DNR. b. Original shift ticket (OF-286) documenting mileage to/from incident as well as mileage incurred on the incident signed by the incident supervisor. c. Copy of Resource Order card. 8) Invoices requesting payment for equipment (engines/tenders) will be submitted to DNR within sixty (60) business days of the last date of the incurred expense for the incident and shall include Original Emergency Equipment Use Invoice Form (OF-286) and shift tickets (OF-297); and 9) Invoices requesting payment for other travel costs (meals, lodging not provided by the incident) must be submitted to DNR within sixty (60) business days of the last date of the incurred expense for the incident. 10) Only utilize agency owned vehicles or procured rental vehicles on the fire line or offroad. DNR agrees to: 1) Assist the District/Department with updating status’ in ROSS; 2) Maintain IQS records for District/Department personnel with wildland fire qualifications, if red carded through the DNR; 3) Reimburse District/Department within 30 days of invoice receipt and documentation as required above; 4) Reimburse the Fire Service District/Department at the Total Cost of personnel. This includes, regular time, overtime, and District/Department backfill for that position as outlined in the State Mobilization Plan. The DNR will not pay for muster time, wildland premium pay, or other unspecified pay provisions. **Rental vehicles must be procured consistent with the R6 USFS rental vehicle agreement. Rental vehicle authorization must be documented on the resource order. Please speak with your local DNR Region for more specific information. In order to provide audit tracking for all rental vehicles, rentals ordered for overhead resources with ROSS O # Resource Orders, will have a support request ROSS order attached to that O# resource, with an E# assigned to the vehicle. The overhead resource and Dispatch will ensure that if that person is re-assigned or released, the supporting vehicle order will also be re-assigned or released. <<Agreement No>> Page 11 of 12 FLRA 2017 – 03.19.18 DISTRICT/DEPARMENT RESOURCE LIST OVERHEAD AND EQUIPMENT ADDENDUM DNR will dispatch and process invoices for the following fire district members and equipment when dispatched by DNR outside of their fire district. Overhead Resources Name Career or Volunteer Backfill Required Position/Qualifications Team Affiliation or Single Resource Raymond Grahn Career YES Crew/Eng Single Resource Bremerton Fire Single Resource Daniel Baker Career YES Firefighter 2 Bremerton Fire Carlo Celeste Career YES Firefighter 2 Bremerton Fire Alexander Magallon Career YES Firefighter 2 Bremerton Fire Kurt VanNess Career YES Firefighter 2 Bremerton Fire Brian Allen Career YES Firefighter 2 Bremerton Fire Patrick French Christopher Ritter Career Career YES YES Firefighter 2 Bremerton Fire Bremerton Fire EQUIPMENT make, model, year, license, VIN and type RATE/NEGOTIATED RATE * 1 2004 Seagrave Pumper Type 1 Lic. # 39533D Vin # 1F9ED28T44CST2032 $1862.00 * The negotiated rate must be agreed upon between the signing parties prior to dispatch. CONTACT INFORMATION: <<Agreement No>> Page 12 of 12 FLRA 2017 – 03.19.18 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Confirm Appointment of Gunnar Study Session Date: N/A Fridriksson as the Stormwater Project Manager at Pay Band 15, Rate 8 of the 2020 Management, Professional, Confidential, and Fiduciary Salary Plan COUNCIL MEETING Date: February 5, 2020 Department: Public Works & Utilities Presenter: Tom Knuckey Phone: (360) 473-2376 SUMMARY: Per BMC 2.50.032 (a), City Council approval is required when setting a new employee’s initial salary at a rate which exceeds rate one (1). It is proposed that Gunnar’s salary be set at rate eight (8); additionally it is proposed that he receive 5 weeks of annual leave. Gunnar is a former City Employee (former Managing Engineer-Transportation and former Project Manager) and was with the City for 17-years before leaving to pursue other opportunities. He also has unique certification in that he is licensed both as a Professional Engineer, and Professional Land Surveyor. ATTACHMENTS: 1) Letter of engagement outlining the terms of employment with the City of Bremerton; 2) 2020 Management, Professional, Confidential, and Fiduciary Salary Plan; and 3) Position Description FISCAL IMPACTS (Include Budgeted Amount): No budget adjustment is needed. STUDY SESSION AGENDA: ☒ N/A STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to confirm the appointment of Gunnar Fridriksson as the Stormwater Project Manager at Pay Band 15, Rate 8 of the 2020 Management, Professional, Confidential, and Fiduciary Salary Plan; and authorize leave accrual at 5 weeks per year. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 5N City of Bremerton Classification Specification October 2019 ENGINEERING PROJECT MANAGER - CAPITAL Page 1 of 4 ESSENTIAL FUNCTION As a Professional Engineer serving under the general direction of the Public Works and Utilities Director and/or City Engineer, or his or her designee, this individual will function as a project manager responsible for managing complex engineering capital projects or other special projects as assigned. This includes establishing project scope, schedule, and budget, consultant selection and management, technical review and oversight, quality assurance, preparation of plans, technical specifications, and contract documents, and construction management. Other duties include mentorship of technical staff, permit coordination, preparing funding applications and controlling project financing, and supporting City Financial Services and Public Works management staff with Capital Improvements planning (scope, schedule, budget). Communication required includes inter- departmental/inter-agency coordination, coordinating and informing City elected officials, presentations at council meetings; coordinating, promoting, and conducting public outreach; reporting to agencies, and responding to public information requests. DISTINGUISHING CHARACTERISTICS This is a professional staff management classification with responsibility for managing Utility, Facility, or Street improvement projects, or other special projects, and will include both administrative and technical oversight. Exercises a high degree of independent professional judgment in resolving administrative and technical problems within program goals and objectives.. The incumbent will lead assigned project teams and will be responsible for project delivery or a phase of project delivery. In fulfilling this responsibility, this position will apply best management practices for technical design and quality assurance, construction management, project scheduling, financial monitoring, regulatory processing, change management, recording, reporting, and internal and external communication techniques to ensure on-schedule and on-budget progress of assigned projects. REPRESENTATIVE ESSENTIAL DUTIES AND RESPONSIBILITIES (Note – this list is intended only to illustrate the various types of work that may be performed. The omission of specific statements does not exclude them from the position.) Project Management: Monitors the progress of assigned capital improvement project work; gathers information and data to identify or establish project schedules, timelines, budget control procedures, progress report forms and routines. Identifies permit status/requirements, completes and submits permits on behalf of the City, initiates actions necessary for obtaining or coordinating work of others responsible for ensuring necessary permits are obtained on schedule. Establishes project management monitoring documents and reporting mechanisms. Contracts for, selects, prepares work plans for, and manages consultants and/or consultant teams. Assists in negotiating alterations to conditions necessary to project completion; researches and coordinates production of necessary legal documentation. Participates in review of bids; reviews detailed provisions of project contract documents; solves problems and advises various individuals involved in projects throughout the life of each project. Capital Improvement Plan (CIP): Assists the Public Works Director and Division Managers in establishing the CIP and developing the CIP work plan. Project Records: Maintains major capital project financial management records and prepares associated reports. Prepares project progress reports required by policy or financing sources. City of Bremerton Classification Specification October 2019 ENGINEERING PROJECT MANAGER - CAPITAL Page 2 of 4 Incorporates approved progress payments and expenditures into current financial records and reports. Reviews and completes reports and other administrative documentation needed to close out project financial records. Records results of inspections; communicates problems to appropriate officials; records and reports on reasons for needed change orders and other technical aspects of projects. Monitors project progress and initiates action needed to inform responsible individuals to take actions required to assure effective and timely project progress. Information and Inter-Agency Coordination: Coordinates project activity with other City departments. Provides information on project progress to external organizations and the public. Coordinates information exchange with other agencies involved in projects. Represents the City with external organizations on assigned project matters. Makes periodic verbal and written reports on project management activity and issues, including to City elected officials. General: Participates in the general administrative operations of the City. Responds to complaints, inquiries and requests. Performs other assigned work which is consistent with the responsibilities of the classification and necessary to the City and/or overall public works operations. This position may be assigned to report to a Public Works division manager if necessary and appropriate depending on the nature of the project(s). Other Duties – Regular attendance is an essential requirement – Performs related work as assigned and/or required KNOWLEDGE, SKILLS AND ABILITIES (Entry Requirements) Knowledge of: Principles and practices of engineering and construction methods; Principles, practices and methods of project management, its techniques and functions; Current professional standards for the development, implementation and administration of project management plans for major infrastructure projects; Principles and practices of quantitative, financial and sequence planning and analysis; Fundamental intent and basic provisions of municipal, state and federal financing mechanisms for major infrastructure projects; Techniques used for gathering evaluating and summarizing project information in preparing records and reports; Management, personnel and ethical practices as applied to facilities and project operations. City, state, and federal regulations, codes, and ordinances pertaining to public works engineering and construction. Technical aspects of civil, mechanical, electrical, structural and geotechnical engineering designs and specifications, financing, estimating and budgeting, including calculating overhead, design and construction costs. Preparing construction contract documents, including engineering plans, specifications and estimates. City of Bremerton Classification Specification October 2019 ENGINEERING PROJECT MANAGER - CAPITAL Page 3 of 4 Ability to: Work cooperatively with City staff, members of the public, elected officials, and project stakeholders to move projects to completion in accordance with the goals of the City. Facilitate teams formed for the purpose of moving specific projects forward to completion. Provide technical oversight of project design and construction. Supervise employees with a positive leadership approach. Monitor budgets during all project phases, taking impactful steps at appropriate junctures in the management of the project to ensure the project is completed on time and under budget. Apply professional management analysis principles to the design and construction of infrastructure projects; Interpret and effectively apply governmental policy intent and/or specific regulatory provisions to general and specific conditions; Evaluate, plan and establish a proper sequence of action for responsible personnel to accomplish goals; Provide formal and informal verbal and written information and advice to a wide variety of people and officials; Persuasively and ethically communicate ideas and assert a point of view in complex or controversial situations; Operate modern office microcomputer and telecommunications equipment and systems; Exhibit and instill in subordinates a high public service priority in contacts with the public and others encountered in the work; Apply principles of equal opportunity, affirmative action and the Americans with Disabilities Act in managing personnel and service functions. Get along with others and be part of a team. Demonstrate excellent communication skills, including public presentations and written communications of all types. PHYSICAL REQUIREMENTS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Requires the ability to walk jobs sites and may include lifting 20-30lbs. Finger and hand dexterity required for keyboard use. Position requires sitting and standing for extended periods of time. Constantly operates a motor vehicle, computer and other office productivity machinery. WORKING CONDITIONS The work environment characteristics described are representative of those an employee encounters while performing the essential functions of this job. Work is primarily performed in an office environment with field trips to make site visits and coordinate work activities. Attendance at meetings requires working evening hours. Exposure to varying weather conditions and physical hazards from traffic and construction equipment at project sites may be present. City of Bremerton Classification Specification October 2019 ENGINEERING PROJECT MANAGER - CAPITAL Page 4 of 4 QUALIFYING TRAINING AND EXPERIENCE Combined training and experience which demonstrates that a person has obtained the required knowledge and is able to perform the work required (with reasonable accommodation, if necessary). Graduation from an accredited college or university with a bachelor's degree in Civil Engineering, Construction Management, or other related field and five (-5) years of full-time experience in capital projects management. Experience is important and candidates demonstrating a successful multi-project portfolio of successfully-managed projects may substitute experience for formal education. Candidates must demonstrate experience involving successful interdepartmental and interagency coordination. A valid Washington State driver's license is required and must be obtained prior to date of appointment or another date set by the City. Professional Engineering license in the State of Washington. LEGAL AND REGULATORY CONDITIONS OF EMPLOYMENT Fair Labor Standards Act: The position qualifies for exemption from the Fair Labor Standards Act minimum wage and overtime provisions under the Act's Administrative Employees exemptions. Representation: This position is excluded from bargaining unit representation. Civil Service: The classification is excluded from the City's Civil Service System. Appointment and Removal Authority: The position is filled by appointment by the Department Head. Removal is by action of the Department Head in conformance with Human Resources Policies. This classification specification does not constitute an employment agreement between the City and employee. It is subject to change by the City, with the approval of Human Resources, as the needs of the City and requirements change. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Confirm Appointment of Study Session Date: January 8 & 22, 2020 Patrick McGanney to the position of Fire Chief COUNCIL MEETING Date: February 5, 2020 Department: Executive Presenter: Mayor Greg Wheeler Phone: (360) 473-5266 SUMMARY: Approval of the attached Employment Contract with Patrick McGanney confirms his appointment as Fire Chief. Pursuant to Section 21 of the City Charter and Section 2.16.020 of the Bremerton Municipal Code, the Fire Chief shall be appointed by the Mayor, subject to confirmation by the City Council. Employee is currently serving as Interim Fire Chief. And the Mayor desires to officially appoint him to the position of Fire Chief. BMC 2.50.034 authorizes adjustments to benefits established for management and professional employees pursuant to an employment contract approved by the City Council. ATTACHMENTS: 1) Employment Contract; 2) Compensation Comparables; 3) Management, Professional, Confidential, & Fiduciary Salary Plan – 2020 FISCAL IMPACTS (Include Budgeted Amount): The appointment would require a budget adjustment of approximately $19,700. STUDY SESSION AGENDA: ☐ Limited Presentation ☒ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to confirm the appointment of Patrick McGanney to the position of Fire Chief; and authorize the Mayor to finalize and execute the Employment Contract with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 6A Page 1 EMPLOYMENT CONTRACT FIRE CHIEF THIS EMPLOYMENT CONTRACT (“Contract”) is made and entered into by and between the City of Bremerton, Washington, a chartered first class municipal corporation organized under the laws of the State of Washington (“City”), and Patrick McGanney (“Employee”). RECITALS WHEREAS, Pursuant to Section 21 of the City Charter and Section 2.16.020 of the Bremerton Municipal Code (“BMC”), the Fire Chief shall be appointed by the Mayor, subject to confirmation by the City Council; and WHEREAS, Employee is currently serving as Interim Fire Chief and the City desires to officially appoint Employee as the Fire Chief consistent with the laws of the State of Washington and the ordinances and policies of the City; and WHEREAS, The City agrees to provide the same compensation and benefits that the Employee receives as a Training Battalion Chief plus a 25% increase in salary, in order to establish fair compensation and benefits as well as internal equity in transferring from the position of Battalion Chief to Fire Chief; and WHEREAS, BMC 2.50.034 authorizes adjustments to benefits established for Department Heads pursuant to an employment contract approved by the City Council; and WHEREAS, The City also desires to establish certain conditions of employment and set the general working conditions for Employee; and WHEREAS, Employee agrees to accept the position of Fire Chief of the Fire Department for the City in accordance with the terms and conditions of this Contract, City ordinances, Fire Department Standard Operating Procedures and the City Human Resources Policies, as the same may be amended from time to time (“Policies”), subject to the provisions of Section 11; NOW, THEREFORE, in consideration of the mutual covenants herein contained the parties agree as follows: SECTION 1. EMPLOYMENT AND DUTIES A. The City agrees to employ the services of Employee as the Fire Chief of the City’s Fire Department (“Department”). The Employee agrees to furnish full-time services as defined in the job description for the Fire Chief, which is attached and hereby incorporated as a part of this Contract, which may be amended by the City upon thirty (30) days’ notice to the Employee. Page 2 B. The parties understand and agree that the Employee will perform independent functions and responsibilities in the exercise of his field of work. C. Employee agrees to accept employment and act as Fire Chief for the City and to perform his duties to the best of his ability in accordance with the highest professional and ethical standards of the profession and shall comply with all general rules and regulations established by the State of Washington and the City. D. Employee shall not engage in any activity that is, or may become, a conflict of interest, as defined by Washington law, or would be incompatible with the position of Fire Chief, or enter into a prohibited contract, as defined by Washington law. SECTION 2. POSITION AND TERM A. This Contract shall be effective as of the date of execution and shall remain in full force and effect until terminated as provided in Section 6 of this Contract. Employee is an “at-will” employee of the City and shall report to and serve at the pleasure of the Mayor. B. The Employee acknowledges, understands and agrees that the position he is accepting with the City is a management/professional position as defined under Chapter 2.50 BMC and is exempt from Union Membership. It is expressly understood by and between the parties that the position of Fire Chief is an exempt position pursuant to the Fair Labor Standards Act. Even though the position the Employee is accepting with the City is a management/professional position, Employee will receive the compensation and benefits he received as Battalion Chief pursuant to the Bremerton Firefighter’s Local 437 collective bargaining agreement as set forth in Sections 3 and 4 below. C. The Employee further acknowledges, understands and agrees that the position he is accepting with the City is not included in the City’s Civil Service system and that he will not be covered by the Civil Service system applicable to the Department under RCW 41.08 and BMC 2.16.020. Employee shall not be entitled to any of the procedural or substantive protections afforded civil service employees, but the employment relationship between the City and Employee shall be at will and governed by the terms of this Contract. Subject only to the provisions set forth in Section 6 of this Contract. D. Nothing in this Contract shall prevent, limit or otherwise interfere with the City’s right to terminate this Contract, with or without cause, at any time, subject only to the provisions set forth in Section 6 of this Contract, the laws of the State of Washington, City ordinances, and City Polices. E. Nothing in this Contract shall prevent, limit or otherwise interfere with the right of the Employee to resign and terminate this Contract at any time, subject only to the provisions set forth in Section 6 of this Contract. Page 3 F. So long as this Contract remains in effect, Employee agrees to remain in the exclusive employment of City and shall neither accept other employment nor become employed b y any other City without the prior written approval of the Mayor. The term “employed” and derivations of that term as used in the preceding sentence shall include employment by another legal entity or self-employment, but shall not be construed to include occasional teaching, writing, consulting or military reserve service performed on Employee’s own time, and with the advance approval of the Mayor. SECTION 3. COMPENSATION A. The Employee and City agree that compensation for services rendered under this contract shall begin at Step 5 of the Battalion Chief of Training pay schedule, plus 6.5% longevity and a 25% increase in salary for Chief’s pay, with an annual rate of approximately One Hundred Seventy- Three Thousand, Seven Hundred Twenty-Seven Dollars, and Ninety Cents ($173,727.90). The employee shall receive 4.25% additional compensation for maintaining Professional Fire Management Certifications. B. The parties agree that Employee shall receive the same cost-of-living adjustment and step/longevity increases that apply to the Bremerton Firefighters Local 437 collective bargaining agreement. SECTION 4. BENEFITS A. Medical. Employee shall participate in the City’s health benefit (medical, dental, vision, employee assistance) plans in accordance with the terms then applicable to other non- represented employees pursuant to BMC 2.50.070. B. Life Insurance. The City shall provide life insurance for the employee with terms equivalent to that which applies to Bremerton Firefighters Local 437. The Employee shall name the beneficiary(ies) of said term life insurance. C. Disability Insurance. The City shall provide short and long-term disability insurance for Employee with terms equivalent to that which applies to Bremerton Firefighters employees. D. City Vehicle. Employee shall have the use of a Fire Department vehicle. In the event that Employee uses his own vehicle for City business-related trips, the City shall reimburse Employee for such use in accordance with the then-current IRS approved mileage rate. E. Vacation Accrual. Employee shall accrue 10 hours of vacation time with pay per pay period for all regularly scheduled work time including paid leave time. The maximum number of vacation accrual hours that the employee shall be allowed to carry forward from one year to the next is 400 hours. Page 4 F. Additional Benefits. Employee shall receive certain benefits as provided pursuant to the Bremerton Firefighters collective bargaining agreement, in lieu of similar benefits, if any, provided to Professional and Management employees, as follows: 1. Medical Insurance; 2. MERP contribution; 3. HRA contribution; 4. Cleaning Allowance; 5. Sick leave accrual, carry-over and cash out; G. Furlough Program. Notwithstanding the terms of this Contract that describes the Employee’s salary, the Employee shall participate in any furlough program that applies, from time to time, to City non-represented employees. SECTION 5. RETIREMENT AND DEFERRED COMPENSATION PLANS A. Employee shall be enrolled in the Law Enforcement and Fire Fighters Plan of Washington (“LEOFF”). The City shall make all legally-required City contributions for Employee’s participation in said system, and Employee shall be responsible for paying all legally-required employee contributions for Employee’s participation in said retirement system. B. In addition to City’s payment to LEOFF described above, City shall pay an amount equal to five-point five (5.5%) percent of annual salary into an Internal Revenue Code Section 457 plan or similar deferred compensation program to be paid by the City in accordance with the City’s normal payroll schedule. If the IAFF receives an increase in the City’s contribution to deferred compensation, the Employee will receive the same increase. Upon written notice to the City, the employee may elect to have all or a portion of the City’s contribution to their deferred compensation converted to longevity. SECTION 6. RESIGNATION, TERMINATION AND SEVERANCE PAY A. Employee’s employment with the City may be terminated (separated from employment) as follows: 1. Without Cause. The Employee is an “at will” employee and the City may terminate his employment with the City without cause, at any time, with thirty (30) days’ notice pursuant to BMC 2.50.090. If terminated without cause, the City shall pay the employee liquidated damages equivalent to the value of six (6) month’s salary (to include retirement, deferred compensation and other benefits listed in Section 4) and health insurance benefits plus six months of accrued vacation and thirty-five percent (35%) of accrued sick leave. The six- month severance pay will expire on August 31, 2023. On September 1, 2023 or after, the City may terminate his employment without cause, at any time, with thirty (30) days’ notice and severance pursuant to BMC 2.50.090. Page 5 2. For Cause. It is not possible to list all forms of behavior that are considered unacceptable in the work place. The following reasons shall constitute grounds to terminate this Contract with “cause” and without severance. This list is not intended to be exhaustive. a) A material breach of this Contract or the repeated neglect by Employee to perform the duties Employee is required to perform under this Contract, either of which continues after written notice and a 30-day cure period, or which occurs within one year following a prior written notice and cure opportunity under this Subsection 6 (A) (2) (a); b) The Employee may be terminated from employment with the City for cause, with out notice, in the event the Fire Chief commits an act of gross or willful negligence or breach of the public trust, including: fraud or misconduct related to employment with the City, harassment or repeated discourteous treatment of City personnel or the public; c) A terminable violation of the City’s drug-free workplace policy; d) Failure to comply with legal requirements or lawful directives of the Mayor (provided that the Fire Chief has been given written notice and an opportunity to cure an alleged failure); e) Mental or physical unfitness which prevents the Employee from carrying out the essential functions and/or duties of the position of Fire Chief; f) Conduct which, while not criminal in nature, violates City policies or other reasonable standards of professional and personal conduct in some substantial manner injurious to the business or reputation of the City; g) Employee understands, agrees and accepts that no severance pay shall be paid if he is terminated for cause; h) A material breach of this Contract or the repeated neglect by Employee to perform the duties Employee is required to perform under this Contract; i) Conviction of any felony offense; j) Conviction of any criminal act involving dishonesty, moral turpitude or physical violence. In the event of a termination for cause, the Fire Chief shall be paid all compensation and benefits earned through the date of termination. 3. By Employee. In the event that the Employee shall terminate his employment with the City, he agrees that he shall provide the City not less than thirty (30) days’ prior notice of the effective date of said termination in order to afford the City a reasonable opportunity to find a replacement. The parties further agree that in the event a replacement is found who is able to commence employment prior to the expiration of thirty (30) days’ notice, that they may, in good faith, negotiate an earlier termination date. B. As a condition of eligibility to receive any severance benefits under this Section 6, the Employee shall sign, as of the date immediately following his separation and in a form provided by the City, a legal release of any and all claims of any kind against the City (except for earned and unpaid wages and benefits as of the termination date, and except for severance benefits hereunder and COBRA benefits), and agreeing neither to bring any litigation nor to make any written or oral communications that are harmful to the reputation of the City or any elected or unelected official or employee of the City. Page 6 C. It is understood that after notice of termination or resignation in any form, Employee and the City will cooperate to provide for an orderly transition . Specific responsibilities during such transition will be specified in a written separation agreement. If Employee is involuntarily terminated by City for reasons that have the potential to adversely impact Employee’s professional reputation if made public, Employee may request, and if requested, Employee shall be given an opportunity for a name clearing hearing with the Mayor. D. This Contract shall be terminated upon the death or permanent disability of the Employee which, for the purposes of this Contract, shall mean that Employee is incapacitated and unable to perform his essential duties, with or without reasonable accommodation, for at least the period of time prescribed by the terms of the Long-Term Disability benefit plan that then covers him. SECTION 7. FLEXIBLE HOURS OF WORK It is recognized that Employee must devote a great deal of time outside the normal office hours on business for the City, and to that end Employee shall be allowed to establish an appropriate work schedule that allows time away from the office during normal office hours. It is expected that Employee will work at least forty (40) hours per week. The parties recognize that Employee will be exempt from the provisions relating to overtime payment and compensatory time under the Fair Labor Standards Act. If the employee is away from the office for a full day, due to non-work related reasons, he will be required to use the appropriate leave. SECTION 8. PERFORMANCE EVALUATION The City shall review and evaluate the performance of Employee on an annual basis. Performance evaluations shall be conducted by the Mayor. Employee shall be provided with a written copy of the evaluation. SECTION 9. PROFESSIONAL DEVELOPMENT The City shall budget and pay for the professional dues and subscriptions of Employee and associated costs (including travel, lodging and meal expenses) reasonably necessary for his continuation and full participation in national, regional, state and local associations and organizations that are necessary and desirable for his continued professional participation, growth and advancement to better serve the interests of the City. SECTION 10. CIVIC INVOLVEMENT City recognizes the desirability of representation in and before local and regional civil and other organizations, and Employee is authorized to become a member of such civic clubs or organizations he deems necessary or desirable in order to maintain awareness of community attitudes and ideas. City shall pay all expenses for membership and participation in up to three such Bremerton organizations. Employee shall report to City on each membership that he has taken out at City’s expense. Page 7 SECTION 11. OTHER TERMS AND CONDITIONS OF EMPLOYMENT A. All provisions of City ordinances, regulations, rules and City Policies as they now exist or hereafter may be amended, shall also apply to Employee as they would to other employees of the City, except as may be specifically agreed upon herein. B. If any term of this Contract differs from City Policies, the terms of this Contract shall take precedence. SECTION 12. MISCELLANEOUS PROVISIONS A. Paragraph Headings. The headings in this Contract are inserted for convenience and identification only and are in no way intended to describe, interpret, define or limit the scope, extent or intent of this Contract or any of the provisions of the Contract. B. Provisions Severable. Every provision of this Contract is intended to be severable. If any term or provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this Contract. C. Rights and Remedies. The rights and remedies provided in this Contract are cumulative, and the use of any one right or remedy by any party shall not preclude nor waive its rights to use any or all other remedies. Any rights provided to the parties under this Contract are given in addition to any other rights the parties may have by law, statute, ordinance or otherwise. D. Entire Agreement. This Contract constitutes the entire agreement between the parties and both parties acknowledge that there are no other agreements, written or oral, that have not been fully set forth in the text of this Contract. E. Governing Law and Dispute Resolution. This Contract shall be construed in accordance with the laws of the State of Washington. Venue for any dispute arising hereunder shall be in Kitsap County Superior Court. However, before any lawsuit may be filed by either party, the Employee and City must agree to engage in non-binding mediation, in which the expense of the mediator will be paid by the City. Other than the cost of the mediator, each party shall bear its own expenses and attorney fees in any dispute, including mediation or litigation. F. Preparation of Contract. No presumption shall exist in favor of or against any party to this Contract as a result of the drafting and preparation of this document. G. No Waiver. No waiver of any breach by either party of the terms of this Contract shall be deemed a waiver of any subsequent breach of the Contract. H. Counterparts. This Contract may be executed simultaneously in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. Page 8 I. Amendment. No amendment of this Contract shall be effective unless the amendment is in writing, signed by each of the parties. J. Notices. All notices and demands of any kind which either party hereby may be required or desires to serve upon the other party under the terms of this Contract shall be in writing and shall be served upon such other party by personal service, or by leaving a copy of such notice or demand at the address hereinafter set forth, whereupon service shall be deemed comp lete, or by mailing a copy thereof by certified or regular mail, airmail if the address is outside the state in which the same is mailed, postage prepaid, with return receipt requested, addressed as follows: City: Employee: City of Bremerton Patrick McGanney c/o Human Resources 821 E Soderberg Road 345 6th Street, Suite 100 Allyn, WA 98524 In case of service by mail, it shall be deemed complete on the day of actual delivery as shown on the addressee’s registry of certification receipt or at the expiration of the third day after the date of mailing, whichever first occurs. The addresses to which notices and demands shall be delivered or sent may be changed from time to time by notice served as hereinabove provided by either party upon the other party. K. Appropriations. No commitment of public funds will be made prior to the approval of this Contract. The terms of this Contract are contingent upon sufficient appropriations being made by the City Council for the performance of this Contract. If sufficient appropriations are not made, this Contract shall terminate subject to the conditions subsequent concerning notice and severance payment being given by the City to Employee as provided in Section 6 of this Contract. Termination pursuant to the terms of this Contract shall not result in any claim for payment or damages by Employee or the City. The City’s decision as to whether s ufficient appropriations are available shall be accepted by Employee and shall be final. IN WITNESS WHEREOF, this agreement is entered into on the date fully executed below. CITY OF BREMERTON EMPLOYEE By___________________________ By___________________________ Greg Wheeler, Mayor Patrick McGanney Date: Date: Page 9 APPROVED AS TO FORM: ATTEST: Roger A. Lubovich, City Attorney City Clerk AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: January 8, 2020 Resolution No. 3322 authorizing the extension of W astewater Utility Services to the Property located beyond the City limits at 2525 State Route 3 COUNCIL MEETING Date: February 5, 2020 Department: Public Works Presenter: Vicki Grover Phone: (360) 473-5285 SUMMARY: An applicant has requested wastewater service for a property that is outside of the City limits within the West Bremerton Urban Growth Area (UGA). The applicant desires to obtain wastewater connections for a multifamily project. The City has a force main for wastewater that runs along the north side of SR3 with the ability to connect to it at the location of 2525 SR 3. Pursuant to the Bremerton Municipal Code (BMC) 15.03.040, properties located outside of the City limits must annex in order to obtain wastewater services. However, the BMC has policy exceptions for the annexation requirement (see BMC 15.03.040 (b)). The City Council can give a policy exception under three circumstances: Annexation is infeasible, there are failed septic systems, or other circumstances as determined by the Council. Staff has analyzed the subject property and proposes that annexation is infeasible at this time and recommends that City Council make the determination that it meets the provisions of BMC 15.03.040 (b)(1). If City Council allows the annexation exception, then the applicant will be required to sign an Outside Utility Agreement agreeing to future annexation of the property. The action before Council is to adopt a Resolution for a Policy Exception for Wastewater service within the West Bremerton UGA. ATTACHMENTS: 1) Resolution No. 3322; 2) Vicinity Map of Subject Property; and 3) Staff Memo FISCAL IMPACTS (Include Budgeted Amount): There are no fiscal impacts associated with this request. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve Resolution No. 3322 to allow the property at 2525 SR 3 to receive a wastewater service from the City of Bremerton pursuant to BMC Section 15.03.040. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 6B Utility Extension – Page 1 of 2 Annexation Exception RESOLUTION NO. ________ A RESOLUTION of the City Council of the City of Bremerton, Washington, authorizing the extension of wastewater utility services to property at 2525 State Route 3, located outside the City limits but within the West Bremerton Urban Growth Area. WHEREAS, the City of Bremerton has established a general policy for providing City utility services beyond city limits in Bremerton Municipal Code (BMC) 15.03.040 per Ordinance 5306 passed on August 17, 2016; and WHEREAS, in Section 15.03.040 of the BMC established a general policy that properties located outside the City limits that seek wastewater utilities services to said property must first annex into the City; and WHEREAS, Subsection 15.03.040(b) of the BMC identifies policy exceptions in which City Council, in its sole and absolute discretion, may provide City wastewater utility service to properties outside the City limits without annexation. The policy exception utilized by City Council for the subject property, 2525 State Route 3 (tax parcel 4624-069-001-0002), is Subsection 15.03.040(b)(1) for cases where the City Council determines that annexation of a property located within the City’s urban growth area (UGA) is not currently feasible; and WHEREAS, the subject property, 2525 State Route 3, is located within the West Bremerton UGA and thus could be annexed into the City limits; and WHEREAS, per annexation provisions set forth in Chapter 35.13 RCW, the City may only annex properties that are contiguous to the city limits. The subject property is not currently adjacent to City limits, and thus would require a larger area to be annexed to make annexation feasible; and WHEREAS, to annex, through the petition methods of annexation as codified in Chapter 35.13 RCW, a larger area would be difficult to annex at this time, as the City does not have sufficient annexation agreements in place for this to be successful; and WHEREAS, the subject property has wastewater infrastructure in the near vicinity; and WHEREAS, the Director of Public Works& Utilities recommends providing wastewater utility services to the subject property without requiring annexation of the property into the City; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: 3322 Utility Extension – Page 2 of 2 Annexation Exception SECTION 1. Recitals Incorporated. The recitals set forth above in this resolution are hereby incorporated and adopted herein as Findings of Fact and Conclusions as if fully set forth herein. SECTION 2. Based on the findings set forth in the recitals above, the City, as authorized pursuant to BMC 15.03.040, will provide wastewater utility services to property at 2525 State Route 3, located outside the City limits but within the West Bremerton Urban Growth Area. A vicinity map of the subject property is shown as Exhibit A. This service will be provided as annexation of the property located within the City’s urban growth area is not currently feasible. Service to this property is provided conditioned upon the owner of the property for which service is authorized execute an outside utility agreement with the City which grants the City of Bremerton a limited power of attorney to include owner’s consent to annexation of the property as part of any notice of intent or petition for annexation presented to the City of Bremerton. SECTION 3. Severability. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 4. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this _____ day of __________________, 2020. ERIC YOUNGER, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney ANGELA HOOVER, City Clerk R:\Legal\Legal\Resolutions\Community Development\Resolution - Annexation Exception -12-16-19 Track Changes.doc To: City Council From: Vicki Grover, Civil Engineer, of Public Works and Utilities Date: December 30, 2019 Re: Public Works Director’s Recommendation for Request for Utility Services outside the City of Bremerton Limits: 2525 State Route 3 Request: The Applicant, Sitts & Hill Engineers, Inc, has requested City utility services for a proposed multifamily development at tax parcel number 4624-069-001-0002, which includes the address 2525 State Route 3. City Council’s Decision: Will City Council allow wastewater services to be extended to an area in the West Bremerton Urban Growth Area (2525 State Route 3) without requiring annexation? Pursuant to Bremerton Municipal Code (BMC) 15.03.040, “It is the general policy of the City of Bremerton that properties located outside the City limits annex into the City before wastewater utility services are provided to those properties. For the purpose of this section, "service" means extensions of and/or service connections to City wastewater utilities to property located outside City limits. The City Council may, in its sole and absolute discretion, provide wastewater utility services to properties outside of the City limits if certain conditions are met. The exceptions for the Council to allow wastewater utility services without annexation are: • Annexation is not feasible or • Failed Septic System DEPARTMENT OF PUBLIC WORKS & UTILITIES MEMORANDUM ⚫ Page 2 Department of Community Development (DCD) Analysis of Annexation: Pursuant to Bremerton Municipal Code (BMC) 15.03.040 when an owner of a property located outside the City limits request extension of utility service, the City Council may provide wastewater utility services to those properties if annexation is not feasible. This portion of this document summarizes why annexation for Tax Parcel 4624-069-001-0002 (the subject parcel) is not feasible at this time. To the left is a screenshot of Kitsap County Parcel Search for potential annexation request for 2525 State Route 3; the subject parcel is outlined in Red. The dark tan area is City of Bremerton city limits, and the light tan is Kitsap County jurisdiction. Per State Law and Kitsap Countywide Planning Policies, the City may annex property if it is contiguous to City of Bremerton limits. As the subject property is not contiguous to the City limits, the City could not annex this property alone. To make annexation possible, more property would need to be included into the annexation area to make this area contiguous to the City of Bremerton limits. When reviewing a larger possible annexation area (as shown in the purple dash-marks in the picture above), annexation analysis using the Petition Method of Annexation was performed. This commonly used annexation method requires the signatures of property owners representing 60% of the total assessed property value of the area to be in support of the proposed for annexation. This proposed annexation area does not have the required 60% of the total assessed property value as illustrated here: • Proposed Area includes: o ~175 acres; o 408 parcels; o With an Assessed Property Value of $61,410,920 ⚫ Page 3 • 60% of the total Property Value needed to finalize the process = $36,846,552 • With this subject property in support of annexation, there are currently 76 properties that support annexation (through outside utilities agreements) with the City for approximately $33,360,700, o This equates to 54% of the total assessed value of this area is in support of annexation. An additional $3.5million of total assessed property value is required for this annexation to be successful. Therefore, as currently proposed, if the City received a Petition to Annex from the property owner at 2525 State Route 3, this request may not be successful as the City does not currently have the support of 60% of the total assessed p roperty values for the properties proposed to be annexed. With the requester petitioning the City to annex, the City would have 54% of the total assessed property values in the area proposed to be annexed. Public Work’s Recommendation: As demonstrated in the DCD’s Annexation Analysis, additional properties are needed to support annexation of this area. To require a property owner to gather the support of their neighboring p roperties of over $3.5million may be onerous. As such, City Staff finds that annexation at this time is not feasible and recommends that City Council allow an extension of wastewater utility services for 2525 State Route 3 without annexation. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: January 22, 2020 Contract Modification Agreement No. 2 with the Bremerton Housing Authority for the City of Bremerton’s Rental Assistance Program COUNCIL MEETING Date: February 5, 2020 Department: DCD Presenter: Andrea L. Spencer Phone: (360) 473-5283 SUMMARY: The City of Bremerton partners with Bremerton Housing Authority (BHA) to deliver the City’s Rental Assistance Program. The program was developed in 2018 and was commenced in 2019 with $100,000 in funding. The initial contract was established as a one-time expenditure, as future funding was unknown. As part of the 2020 budget process it was determined that the program would continue into this year with an additional allocation of $100,000. The contract modification before the City Council currently adds the additional funding and extends the contract date to December 31, 2020. ATTACHMENTS: 1. Contract Modification No. 2, adding $100,000 to the Rental Assistance Program and extending the term of the contract to December 31, 2020. 2. Reference documents also attached for reader’s information: Original contract with BHA for rental assistance, and Contract Modification No. 1 (allowing lower-income participants to participate in program). City Council action is not required for these two items. FISCAL IMPACTS (Include Budgeted Amount): This contract modification has been anticipated. The City Council has adopted the 2020 budget with $100,000 set aside for this rental assistance program. Most of this funding comes from the State Shared Affordable Housing Sales Tax revenue authorized under State HB 1406. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve Contract Modification Agreement No. 2 between the City of Bremerton and Bremerton Housing Authority to add $100,000 to the contract for rental assistance in 2020; 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 2 Contract Modification Rev. 10/2019 CONTRACT MODIFICATION AGREEMENT NO. 2 BETWEEN THE CITY OF BREMERTON AND BREMERTON HOUSING AUTHORITY (BHA) PROJECT: Rental Assistance Program CONSULTANT: Bremerton Housing Authority (BHA) DATE: __________________________________ THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE Term Date and Compensation amount in the Professional Services Agreement regarding BHA Rental Assistance (the "Contract") entered into between the City of Bremerton and Bremerton Housing Authority on December 26, 2018 and as modified on May 30, 2019 by Contract Modification Agreement No. 1. 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 Section II. Term , is modified as follows: The Consultant shall complete the work described in this Contract Modification Agreement by extending to December 31, 2020 (see amendments to term date references in Exhibit A, B, C) Section III. Compensation , is modified as follows: The original contract amount was One-Hundred Thousand Dollars ($100,000.00). The City shall pay the Consultant for the additional work described above, based on time and materials, an amount not to exceed One-Hundred Thousand Dollars ($100,000.00) for a total amended contract amount of Two-Hundred Thousand Dollars ($200,000.00), 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. 10/2019 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. 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 HOOVER, City Clerk NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Kurt Wiest Andrea L. Spencer Bremerton Housing Authority Title: Director of DCD 600 Park Ave City of Bremerton Bremerton WA 98337 Address: 345 6th Street, Suite 100 Bremerton WA 98337 Phone/Fax 360.473.5283 R:\Legal\Legal\Forms\FORMS ON COBWEB\Contract Modification Rev. 10 2019.docx EXHIBIT A SCOPE OF WORK Consultant’s Responsibilities • Administer the Rental Assistance program in partnership with the Housing Solution Center (HSC) and the Coordinated Entry System to identify potential candidates to participate in the Rental Supplement Assistance Program, the Eviction Prevention Assistance Program or receive help from the Security Deposit Assistance Program. • Establish program requirements including but not limited to requirements for application, substantiation of need, limits of amount and duration of assistance. • Periodically evaluate the program requirements to ensure that the program is reaching the target population. • Process reimbursement requests from HSC ensuring that backup documentation complies with program requirements. • Submit monthly invoices to the City for expense reimbursements as defined in Exhibit B schedule. • Perform quarterly audits of records maintained by the HSC to ensure compliance with program requirements. • Expend all rental assistance funds no later than December 31, 20192020 • Report to City as requested. General Rental Assistance Program Restrictions • Assistance will be provided to applicants whose income is between 30 and 60% of Area Median Income (AMI) of Federal Department of Housing and Urban Development (HUD) income limits. • The rental assistance program is restricted to units located within the city limits of Bremerton, Washington. • No Bremerton Housing Authority tenant or Section 8 participant, or recipient of any other federal, state, or local rental assistance program, is eligible to receive assistance from this program. EXHIBIT A SCOPE OF WORK Specific Program Information and Restrictions Rental Supplement Assistance • This program provides limited rental assistance funds to assist recipients to stabilize their incomes during a specific period of time. • Duration of assistance depends on the nature of the issue (medical, school, legal, etc.) and will be determined by the HSC case manager. Duration will be no longer than 12 months. • Amount of assistance will be the difference between the contract rent and 30% of the applicant’s income. Applicant will be required to pay the equivalent of 30% of his or her current income. The remainder will be covered by the rental supplement assistance program. • Rental assistance shall not exceed $500 per participant household per month. Eviction Prevention Assistance • This program provides assistance to applicants who have encountered a short-term financial challenge that has jeopardized their housing. • This program will pay up to three months of back-rent for an applicant. • Eviction prevention assistance shall be one-time and shall not exceed $1,500 per participant household. • Applicant must provide to the HSC proof of the financial challenge as well as other documentation required for the application. Security Deposit Assistance • This program provides one-time security deposit assistance to applicants. • This program will pay up to 50% of the security deposit required by an applicant’s lease and shall not exceed $750 per participant household. EXHIBIT B SCHEDULE December 2018: Contract agreement approved by Bremerton City Council January – December 20192020: Period of rental assistance expenditures allowed January – December 20192020: Monthly expenditures submitted to the City within 2 weeks after the month-end January 2019 to January 20202021: Reporting data to City as requested EXHIBIT C CONSULTANT FEES AND REIMBURSEMENT SUBSTANTIATION Fees The contract provides $100,000200,000 to be dispersed as follows: Administrative Fee: The Consultant will invoice monthly an administrative fee of 10% on each rental assistance disbursement up to a maximum of $10,000 in the contract a calendar year. Rental Assistance: The City will provide reimbursement to the Consultant up to $90,000180,000 for rental assistance pursuant to the Program Information and Restrictions in Exhibit A Reimbursement Substantiation The Consultant shall submit invoices to the City on a monthly basis. The invoices shall be accompanied by appropriate reports and documentation to support the reimbursement and to ensure that the funds were expended and dispersed to the appropriate recipients. REFERENCE DOCUMENT ORIGINAL CONTRACT WITH BHA FOR RENTAL ASSISTANCE PROGRAM EXHIBIT B SCHEDULE December 2018: Contract agreement approved by Bremerton City Council January – December 2019: Period of rental assistance expenditures allowed January – December 2019: Monthly expenditures submitted to the City within 2 weeks after the month-end January 2019 to January 2020: Reporting data to City as requested EXHIBIT C CONSULTANT FEES AND REIMBURSEMENT SUBSTANTIATION Fees The contract provides $100,000 to be dispersed as follows: Administrative Fee: The Consultant will invoice monthly an administrative fee of 10% on each rental assistance disbursement up to a maximum of $10,000 in the contract year. Rental Assistance: The City will provide reimbursement to the Consultant up to $90,000 for rental assistance pursuant to the Program Information and Restrictions in Exhibit A Reimbursement Substantiation The Consultant shall submit invoices to the City on a monthly basis. The invoices shall be accompanied by appropriate reports and documentation to support the reimbursement and to ensure that the funds were expended and dispersed to the appropriate recipients. REFERENCE DOCUMENT CONTRACT MODIFICATION NO 1 ALLOWING LOWER-INCOME PARTICIPANTS Council District 2 Leslie Daugs Council District 4 Lori Wheat Council District 5 Michael Goodnow I move to authorize the City Attorney to file a motion to intervene in Kitsap County Superior Court Cause No. 04-2-02066-4 related to the placement of a Sexual Violent Predator within a "low density residential" zone. 2/5/20 Item 8 Executive Session