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Home My WebLink About07/28/2021 STUDY SESSION AGENDA PACKET______________________________________________________________ CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 Phone (360) 473-5280 WEDNESDAY, JULY 28, 2021 CITY COUNCIL STUDY SESSION AGENDA 5:00 PM – Via Zoom Webinar To help reduce the spread of COVID-19, the City Council is conducting a Study Session via Zoom Webinar. The Study Session is open to the public to listen in, but there will be no opportunities for input; no action is anticipated; and the content of these items is subject to change. If approved by the Council, these items will be placed on the August 4, 2021 City Council Meeting Agenda…  Members of the public are invited to join the Zoom webinar by clicking on the following link: https://us02web.zoom.us/j/82567024434?pwd=VHdvUE95TDN1YitwQ0k2VGUrejFTdz09  Or iPhone one-tap: US: +12532158782,,87473408835#,,,,*209823# or +16699006833,,87473408835#,,,,*209823#  Or Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 253 215 8782 or +1 669 900 6833 or +1 346 248 7799 or +1 301 715 8592 Webinar ID: 825 6702 4434 Passcode: 209823 Public questions or comments may be submitted ahead of time to City.Council@ci.bremerton.wa.us A. BRIEFINGS ON AGENDA BILL ITEMS 1. Briefing on WA State Arts Commission’s “Certified Creative District Program” (Information only) 2. Supplemental Agreement No. 1 with SCJ Alliance for the Kitsap Way (SR310) and Warren Avenue (SR303) Traffic Signal and Multimodal Safety Project 3. Public Works Agreement with Long Painting Company for Casad Dam Morning Glory Overflow Coating Replacement Project 4. Professional Services Agreement with SCJ Alliance for Design of the Warren Avenue Bridge Pedestrian Improvements Project 5. Public Works Agreement with Sound Pacific, Inc. for Downtown Bremerton and Austin Drive Complete Streets Project B. GENERAL COUNCIL BUSINESS o Public Works Committee Monthly Briefing – Vice Chair Kevin Gorman o Finance, Investment & Parking Committee Monthly Briefing – Chair Michael Goodnow o Other General Council Business C. ADJOURNMENT OF STUDY SESSION Form Created 5/4/15 INFORMATION ONLY ITEM CITY OF BREMERTON CITY COUNCIL SUBJECT: Briefing on WA State Arts Commission’s “Certified Creative District Program” Study Session Date: July 28, 2021 Presenter: Cyn Engelgau Phone: (360) 473-5425 SUMMARY: Presentation from Washington State Arts Commission on becoming a Creative District. The Certified Creative Districts program works to help communities in Washington thrive. Its purpose is to help communities strengthen their creative sector, diversify their economy, and enhance their quality of life. A Creative District is an exciting place to live, work, and visit. It is a local point – a geographically defined area of cultural and economic activity. It’s the heart of the community – for people to gather and enjoy the arts and culture a community has to offer. It is a way for a community to grow jobs and create economic opportunities for all people through the arts. HANDOUTS: 1) Letter from Bremerton Arts Commission; 2) Power Point Presentation; and 3) Community Readiness “Tool Kit” STUDY SESSION AGENDA: ☐ No Presentation ☒ Full Presentation A1 BREMERTON ARTS COMMISSION Sheridan Park Community Center 680 Lebo Boulevard, Bremerton WA 98310 (360) 473-5425 Date: July 29, 2021 RE: Invitation to participate in Washington state application for Creative District certification. Dear City Council, The Bremerton Arts Commission is embarking on an exciting journey to obtain official status as one of the state’s Creative Districts. Becoming an official Creative District will provide a pathway to resources including funding for future creative projects in Bremerton. To do this we will need community volunteers to participate in the process alongside the Bremerton Arts Commission. We would like to invite you to be part of this exciting opportunity. As a Creative District Planning Committee member you will play a key role in developing a plan to enhance creative possibilities for Bremerton. Committee members will work together monthly for about a year. We expect that the monthly commitment will be as little as two hours a month helping craft our Creative District plan. If you would like to learn more about the role of a Creative District Planning Committee member please RSVP to attend one of our information sessions by emailing Cynthia Engelgau at cynthia.engelgau@bremerton.ci.us. Sincerely, The Bremerton Arts Commission Eric Morley-Bremerton Arts Commission Chair Michael Laughlin-Bremerton Arts Commission Co-Chair Jennifer Chamberlin Asia Renee Roosevelt Smith Marie Weichman Creative Districts Annette Roth, Creative Districts Program Manager Actors perform at Key City Theatre in Port Townsend. Photo courtesy of Port Townsend Creative District. Program History •Legislation introduced in early 2017; broad support, became law May 2017 •Program began January 2018, First District in December 2018 •RCW: Chapter 43.46.100 -43.46.115; WAC: Chapter 30-42 Crowd of onlookers watch salmon run on Issaquah Creek during Issaquah’s Salmon Days, an annual arts and culture event that drew over 200,000 visitors in 2019. Photo courtesy City of Issaquah. •Right-sized geographic area •A vehicle for jobs & economic opportunities •Focal point for arts and culture •A tool to promote community’s unique assets •Broad definition of creative What is a Creative District? ArtsWA and WSDOT have a partnership to provide highway signage exclusively for Creative Districts. This is the first sign installed in Washington, along Hwy 395 in Chewelah. Photo courtesy of WSDOT. Community Benefits •State certification = avenue for partnerships & grants •Grow entrepreneurship •Organize and promote arts-sector activities •Redevelopment opportunities •Strengthen community’s future Members of the Washington Creative District community at ArtsWA’s inaugural Creative Districts convening, March 2019 in Lacey. Photo by ArtsWA. •Planning, application and state-certification process •Customized to each community •ArtsWA works with communities •Fosters authentic, diverse community engagement How the Program Works Metalworking student at Coyote Central School in Seattle. Photo courtesy of Coyote Central. Washington Creative District Communities •Resources & guidance •Equitable application process •Networking opportunities •Ongoing technical assistance •Grants, capital projects, affordable housing, leadership training How We Support Communities L –R: Annette Roth; Michael Cade, Executive Director, Thurston EDC; Karen Hanan at the 2019 WEDA Awards. Creative Districts won the Innovation in Economic Development Award that year. Photo courtesy ArtsWA. What makes a successful district? •Clearly defined arts & culture identity •Broad community support •Strong organizational partnerships •City approval/cooperation •Solid plan, long-term vision for activities & growth 1 2 3 4 Gather The planning team Plan Work with the team to plan the Creative District Apply Write & submit the formal application Begin Implement the District plan and track progress https://www.arts.wa.gov/community-readiness-toolkit/ Steps to becoming a Creative District Strategies for success •Bring stakeholders together •Find your partners •Define community values •Discover community assets •Determine community goals & needs Participants at the 2019 Creative Districts Convening in Lacey. Photo courtesy of ArtsWA. Washington State Arts Commission 711 Capitol Way South, Suite 600 Olympia WA 98504 annette.roth@arts.wa.gov https://arts.wa.gov Front cover photo: A crowd gathers at Fort Worden State Park in Port Townsend for a concert hosted by Centrum. Photo courtesy of Port Townsend Creative District. Photo above: Attendees at Design in the Park outdoor display in Seattle. CERTIFIED CREATIVE DISTRICTS PROGRAM COMMUNITY READINESS WORKBOOK 2021 EDITION 2 TABLE OF CONTENTS Introduction3 Section 1: Setting the Groundwork ��5 Vision, Mission, Values ��6 Item 1: Geography and Built Environment Characteristics ��7 Item 2: Artistic and Cultural Activities, and Creative Industries ��8 Item 3: Community demographics and Identity ��10 Item 4: Partnerships ��13 Item 5: District Administration ��14 Asset Map Template ��15 Section 2: District Development and Promotion ��16 Item 6: Community Buy-in & connection ��17 Item 7: Branding and Promotion ��19 Item 8: Economic Development Activities ��21 Item 9: Education, Workforce and Job Creation ��23 Item 10: development, land use & housing ��24 Evaluating Community Assets ��25 Section 3: Crafting Your District Plan ��26 Item 11: Setting Goals and Milestones ��27 Item 12: Measuring Progress ��29 Item 13: Program Sustainability ��30 Glossary ��31 Resources ��32 Creative District Pre-Application Checklist ��33 3INTRODUCTION Since Richard Florida published his book The Rise of the Creative Class in 2003, communities around the world have spent more time focusing on their cre- ative economy� Creative industries are major eco- nomic drivers and among the most rapidly growing sectors worldwide� According to a joint report pub- lished by CISAC and UNESCO in 2015, cultural and creative industries make up approximately 3% of the world’s gross domestic product (GDP)�[1] They employ 29�5 million people around the world, more than the auto industry in Europe, Japan, and the US combined (29�5M vs� 25M workers)� [2] Governors across the US recognize how important the creative sector is to their state’s economy� Ac- cording to the National Governors Association re- port, Arts and the Economy, [3] there are a number of reasons to include art in community-based planning activities� • creative industries are growing and play a major role in a community’s ability to compete eco- nomically • companies decide to locate in communities that have a readily available creative workforce • arts and culture create new jobs • arts and culture foster a quality of life that at- tracts talented workers In Washington State, 303,839 people were em- ployed in the creative industries in 2017� This is a 2% increase from 2016� [4] In fact, the number of creative jobs in Washington has increased between 2 – 4% annually since 2011, making it one of the fast- est-growing sectors in the state� [5] ABOUT ARTSWA The Washington State Arts Commission (ArtsWA) was established in 1961� Its purpose is to promote, conserve and develop the state’s artistic resources� The agency manages statewide activities and pro- grams that grow and develop the arts and culture� This contributes to a high quality of life for all Wash- ingtonians� OVERVIEW OF THE CREATIVE DISTRICTS PROGRAM The state legislature passed a bill in 2017 to fund the Certified Creative Districts program� The bill was signed into law by Governor Inslee in May 2017� This bill gave ArtsWA the authority to create and manage this program� The focus of the program is two-fold: • to help communities create long-term economic opportunities in their region, and • to support the long-term growth of Washing- ton’s arts, culture and creative sector� Creative Districts are geographically defined areas where a concentration of artistic, cultural, and eco- nomic activity takes place� ArtsWA provides a five- year state-certification to communities based on specific criteria� It is an endorsement of the activities that may already exist in a community� It recognizes growth potential for the future� The criteria requires that a broad coalition of stakeholders come together for this process� They work together to plan a Dis- trict and create a vision for the long-term economic health of their region� The Creative District program provides a platform for artists and creatives to help develop their local economy� It fosters innovation, entrepreneurship and community values� This combination creates a holistic, sustainable and diverse economy, so that communities and their future generations can thrive� HOW WE SUPPORT YOUR COMMUNITY’S SUCCESS Our goal is to see arts and creative industries thrive, and be renowned throughout the state� The Cre- ative Districts program creates a support system for communities to achieve long-term goals� We will: • provide resources to help you plan your program • offer guidance throughout the planning process • administer a rigorous and fair application pro- cess INTRODUCTION 4 INTRODUCTION INTRODUCTION If your community becomes a Certified Creative Dis- trict, ArtsWA will: • provide ongoing support and advocacy • offer access to training programs • provide ongoing technical assistance • host and encourage networking activities amongst Creative District communities • support your community in finding grants and other funding opportunities • promote success stories to the public, elected of- ficials, and other stakeholders YOUR FOUNDATION FOR SUCCESS This toolkit provides a framework to help your com- munity organize a Creative Districts Program� The exercises in this handbook are simple to use� They were created for you to orient your thinking about how to establish a successful district� Based on eco- nomic development best practices, they’re designed to help you promote dialogue in your community about its vision of the future� CONSIDERATIONS WHEN PLANNING YOUR DISTRICT You should think of this toolkit as a road map for your community� Understanding your community’s strengths and weaknesses will help you choose the direction and focus of your Creative District� Doing the exercises is a critical part of the certification pro- cess� This will strengthen your community’s bid for Creative District designation� We recommend you read through the entire workbook first before you start to answer the questions� This will give you a holistic idea of what your district can be at the end of the process� INSTRUCTIONS 1� Please complete all sections� Try to answer as many of the questions as possible� You may not be able to answer every question in this toolkit at the beginning� Please don’t let that discourage you� The purpose of this workbook is for you to think about your community’s identity and how it is unique compared to other places� 2� Work on the exercises in this toolkit with other members of your community� The Toolkit con- tains three distinct focus areas, with 13 major criteria� It is unlikely you will have all the answers by yourself� Getting input from lots of communi- ty members will be key in creating a holistic plan� 3� Work on the workbook sections in order� The sections build on one another, laying the foun- dation for your community to apply for and seek district certification� If your group has questions or concerns about a par- ticular focus area or criteria, please contact the Cre- ative District Program Manager� 1 CISAC and EY, Cultural Times: The first global map of cultural and creative industries (www.worldcreative.org, December 2015). 2 CISAC, Cultural Times: The first global map of cultural and creative industries. 3 Arts and the Economy: Using Arts and Culture to Stimulate Eco- nomic Development, NGA Center for Best Practices 2009 4 WESTAF, Creative Vitality Suite (www.cvsuite.org, November 18, 2017). 5 WESTAF, Creative Vitality Suite. 5SECTION 1 - title SECTION 1: SETTING THE GROUNDWORK In this section, you will focus on the basic characteristics of your proposed Creative District: • What are the Creative District’s mission, vision and values? • Where will the district be located? • What types of arts and creative industries exist in the area? • What is the demographic makeup of your community? • What is the community’s unique identity as compared to other communities? • Who will be part of your district planning team? • Who are the partners involved in planning the Creative District? Are agreements in place that cover how partners will work together? • Is there an organization or group that will be the District Administrator? Answering these questions is the foundation of your Creative District� These elements are required in the final application for Certified Creative District designation� This section should be completed first and in its entirety before you move to the next section� 6 SECTION 1 - SETTING THE GROUNDWORK VISION, MISSION, VALUES WHAT IS THE VISION FOR THE CREATIVE DISTRICT? A statement that describes your ideal future. This short statement should describe how your District will change your community. WHAT IS THE MISSION OF THE CREATIVE DISTRICT? A phrase that describes how you will work toward achieving your vision. In other words, it’s what you’ll do and how you’ll do it. WHAT ARE THE COMMUNITY/CREATIVE DISTRICT’S VALUES? Use short words or phrases to describe the core beliefs or guiding principles your community holds dear. 7SECTION 1 - SETTING THE GROUNDWORK Is the proposed Creative District a contiguous, well-defined, appropriate- ly sized area?  Yes  No  Don’t Know If the locale is urban, is the proposed district walkable?  Yes  No  Don’t Know If the locale is rural, are there geophys- ical barriers that prevent district from being well-defined and functional?  Yes  No  Don’t Know Are there any barriers that prevent the movement from one place to another in the District? (e.g., impassable river, freeway, railroad crossing, etc.)? ITEM 1: GEOGRAPHY AND BUILT ENVIRONMENT CHARACTERISTICS Please describe the physical boundaries of the proposed area and include a map� 8 SECTION 1 - SETTING THE GROUNDWORK ARTS AND CULTURAL ACTIVITIES Please describe the types of artistic or cultural activities that take place in the region� Examples: a community center/theatre, business district, training/educational facility, production facility, annual festival, recurring arts-related activity (e.g., Arts Walk), etc. ITEM 2: ARTISTIC AND CULTURAL ACTIVITIES, AND CREATIVE INDUSTRIES 9SECTION 1 - SETTING THE GROUNDWORK 9 CREATIVE ECONOMY INDUSTRIES What other activities take place in the proposed creative district? What other businesses and attractions exist that would appeal to residents and visitors? Examples include: breweries, food production, publishing, video production/broadcasting, design services, performing arts compa- nies, photography, museums, boat building, etc.  Yes  No  Don’t Know If YES, what are they? PLACE-MAKING/ARTS ANCHOR Are there place-making and/or arts-related anchor attractions that exist in the com- munity? Examples include an entertainment complex, museum, waterfront access, etc.  Yes  No  Don’t Know If so, please list them below: What is missing from these lists? What would you like to see come into your community? 10 SECTION 1 - SETTING THE GROUNDWORK ITEM 3: COMMUNITY DEMOGRAPHICS AND IDENTITY DEMOGRAPHICS AND CULTURAL HERITAGE Please describe the demographics of your community: gender, ethnicity, age, disability, etc� You can find this information from the US Census Bureau and Washington State’s Office of Financial Management. Please describe your community’s cultural or historical heritage� Include information about: indigenous people, pioneers or settlers, the origins of the local economy (consider and include immigrant and mi- grant populations), etc� 11SECTION 1 - SETTING THE GROUNDWORK COMMUNITY IDENTITY Please describe what your community’s unique identity is� What sets it apart from other places? Why do you or people you know love your community? Please describe the district’s unique arts and culture niche� What kinds of arts, heritage or cultural activi- ties will people find in your District that they can’t find anywhere else? 12 SECTION 1 - SETTING THE GROUNDWORK 12 COMMUNITY IDENTITY What are some adjectives that describe the personality or vibe of your future Creative District? How do you want visitors and residents to feel when they are in your District? Describe how the Creative District will reflect the values of the community: 13SECTION 1 - SETTING THE GROUNDWORK Will the partners you’ve identified write letters of support for your district application? Will there be a partnership agreement/memorandum of understanding (MOU) between the main part- ners to help guide activities in district?  Yes  No  Don’t Know ITEM 4: PARTNERSHIPS Partnership amongst community members and organizations is key to the district’s success. A broad agreement of community leaders is a good sign that a district will be successful long-term. Partnership(s) must include local govern- ment(s) (or similar entity), and shall include arts organizations, artists and other creatives, local chamber or downtown association, economic development agencies, businesses engaged in arts activities, local tourism bureau, local colleges and/or school districts, local arts agencies, other public agencies such as local port authority or regional transit, regional planning agencies, local tribal governments or agencies, businesses engaged in complimentary industries, etc. WHO ARE OUR KEY PARTNERS? Which groups, people, and organizations do we already have on board to ensure our Creative District is successful? WHO IS MISSING FROM THIS LIST? 14 SECTION 1 - SETTING THE GROUNDWORK Is there a designated staff position assigned to oversee dis- trict activities?  Yes  No  Don’t Know If YES, please describe staff role� Please identify administrative entity and its operating struc- ture Proposed Districts must designate a structured business entity to act as the district administrator� Types of allowed entities include: local government (municipal or tribal), 501(c)(3) or 501 (c)(6) (such as registered neighbor- hood organization, downtown development authority, associate development organization). ITEM 5: DISTRICT ADMINISTRATION Is the total annual operating budget of the administrative organization at least $20,000 (does not refer to Creative District budget)?  Yes  No  Don’t Know Does the administrative entity agree to include district activities as part of the annual work plan of staff liaison, in compliance with ArtsWA require- ments?  Yes  No If the entity is not a local government, does it have the cooperation of the municipal entity that governs the geographical location of the proposed district?  Yes  No  Don’t Know 15SECTION 1 - SETTING THE GROUNDWORK ASSET MAP TEMPLATE OUR COMMUNITY SPAC E S & PL A C E S PHYSI C A L A S S E T S CU L T U R E & H E R I T A G E AS S O C I A T I O N S & OR G A N I Z A T I O N S CREA TI V E B U SI N E S S E S & IND U S T RI E SCREATIVE & ARTS ACTIVITIESPEOPLEARTISTS & CREATIVESOn this page you will make a list (or ‘ASSET MAP’) of all the resources in your community within the following areas. The purpose is to identify the resources in your area, and to understand how these resources are connected. This exercise can also be used in a larger community engagement meeting to get a full picture of the assets your community has. 16 SECTION 2 - DISTRICT DEVELOPMENT & PROMOTION SECTION 2: DISTRICT DEVELOPMENT AND PROMOTION The focus of this section will be a deeper dive into the Creative District planning process� You will work on: • understanding and developing community assets • reaching underserved communities and incorporating them into the planning process • knowing your community’s strengths and weaknesses • branding and promoting your Creative District, and • preparing your community to focus on creative economy activities� Units in this section include: • community buy-in • branding and promotion • economic development • education and workforce development, and • development, land use, and housing� Please note: Some of the elements in this section are not required for your district application, but planning for them will help your Creative District be more successful over time� 17SECTION 2 - DISTRICT DEVELOPMENT & PROMOTION Is there broad community buy-in for the proposed Creative District?  Yes  No  Don’t Know Have you made concerted outreach efforts to artists and other creatives? Do you have artists and creatives actively working on your planning committee?  Yes  No  Don’t Know Please describe community outreach activities that your group has done: ITEM 6: COMMUNITY BUY-IN & CONNECTION Has this idea been presented to the elected officials in proposed district?  Yes  No  Don’t Know If so, will they officially endorse the Creative District as an approved activ- ity?  Yes  No  Don’t Know If YES, what type of endorsement will they provide? Are there citizens who can act as advocates or cheerleaders on behalf of the Creative District?  Yes  No  Don’t Know If so, who are they? 18 SECTION 2 - DISTRICT DEVELOPMENT & PROMOTION Has your outreach been inclusive of underrepresented groups in your community? How are their voices being added to your Creative District planning or activities? What challenges have you had in your outreach efforts? How are you ensuring your Creative District activities reflect the diversity of your community? 19SECTION 2 - DISTRICT DEVELOPMENT & PROMOTION ITEM 7: BRANDING AND PROMOTION Based on the arts and creative activities you identified in Section 1, list 3 - 4 target markets for the district� Why would they want to come to this District? TARGET MARKET 1: Why will they come to the District? TARGET MARKET 2: Why will they come to the District? TARGET MARKET 3: Why will they come to the District? TARGET MARKET 4: Why will they come to the District? 20 SECTION 2 - DISTRICT DEVELOPMENT & PROMOTION Will there be a marketing and promotional budget assigned to the promotion of the District?  Yes  No  Don’t Know How does the District intend to promote its arts and tourist activities to these target markets? What types of marketing will you do throughout your first five years of District designation? What type of marketing or promotional materials or collateral do you think you will need to create in order to successfully market your District? 21SECTION 2 - DISTRICT DEVELOPMENT & PROMOTION Please describe activities that community and this organi- zation does or will do to support creative-sector economic development� ITEM 8: ECONOMIC DEVELOPMENT ACTIVITIES What is the organization(s) that does economic development work on behalf of the local community? Is there a designated economic devel- opment plan that includes the arts as a driver of economic activity?  Yes  No  Don’t Know If yes, please describe key aspects of the plan: 22 SECTION 2 - DISTRICT DEVELOPMENT & PROMOTION Does the region currently have systems in place to help support, train and grow entrepreneurs and small businesses?  Yes  No  Don’t Know Please describe these systems that exist in the community already� If NO, describe those that you would like to see in the future: Are there additional creative economy activities the proposed district is interested in introducing in the future? 23SECTION 2 - DISTRICT DEVELOPMENT & PROMOTION Does the local community college/ school district offer arts-based job training curriculum?  Yes  No  Don’t Know If YES, list the curricula: ITEM 9: EDUCATION, WORKFORCE AND JOB CREATION WORKFORCE DEVELOPMENT Does the local workforce development agency have a plan to create workforce development opportunities in creative economy jobs in region?  Yes  No  Don’t Know Do these plans include disadvantaged demographic groups (such as veterans, low-income, persons with disabilities, etc�)?  Yes  No  Don’t Know If YES (to either question), please describe some of the plans that assist with developing the local workforce� Please note, answering this question may require you to forge a partner- ship with an organization outside the Creative District region. ARTS EDUCATION & TRAINING Does the community support and foster arts educational opportunities for K-12 students?  Yes  No  Don’t Know What are some of the organizations that do this work? What services do they provide? 24 SECTION 2 - DISTRICT DEVELOPMENT & PROMOTION HOUSING/ARTIST WORKSPACE Is their a local need for affordable housing and/or work- space for artists?.  Yes  No  Don’t Know Please describe the greatest need, and if the Creative Dis- trict would like to pursue opportunities in this arena: Are there infrastructure projects (e.g., traffic mitigation, improved lighting) that may need to take place to make the area more accessible or user-friendly?  Yes  No  Don’t Know Please list any infrastructure upgrades, etc ITEM 10: DEVELOPMENT, LAND USE & HOUSING RE/DEVELOPMENT OPPORTUNITIES Are there designated assets that people would like to see redeveloped? Examples include: historic buildings, transit cen- ters, community plazas, etc..  Yes  No  Don’t Know Please describe the identified assets� LAND USE AND ZONING Is this area appropriately zoned for intended uses or activities?  Yes  No  Don’t Know Are there restrictions that could hinder potential development of this area (such as restricted-use zones, environ- mental mitigation, etc�)?  Yes  No  Don’t Know Please list the types of land use zone categories in the area: 25SECTION 2 - DISTRICT DEVELOPMENT & PROMOTION EVALUATING COMMUNITY ASSETS STRENGTHS OPPORTUNITIES WEAKNESSES THREATS A SWOT analysis is a powerful tool to help you develop your Creative District� A SWOT helps you organize your top strengths, weaknesses, opportunities and threat into a simple organized list� 26 SECTION 3 - CRAFTING YOUR PLAN SECTION 3: CRAFTING YOUR DISTRICT PLAN You should have a good understanding of what makes your community unique� You should also know how your community can support a cohesive, sustainable, creative and cultural economy� Now it’s time to start crafting your Creative District program plan� In your plan, you should identify goals for your District, and how you plan to achieve those goals� You should measure your creative economy progress in the form of data tracking� ArtsWA will require specific types of data to be tracked in each Creative District� However, we encourage you to think about what other types of data will help you to measure progress that reflects your community values and standards� 27SECTION 3 - CRAFTING YOUR PLAN ITEM 11: SETTING GOALS AND MILESTONES SETTING CREATIVE DISTRICT PROGRAM GOALS Please describe 3 – 5 goals your District would like to achieve over the next 3 – 5 years: GOAL 1: How will this goal advance your Creative District? GOAL 2: How will this goal advance your Creative District? GOAL 3: How will this goal advance your Creative District? GOAL 4: How will this goal advance your Creative District? GOAL 5: How will this goal advance your Creative District? 28 SECTION 3 - CRAFTING YOUR PLAN SETTING PROGRAM MILESTONES Please describe program milestones for Program Years 1, 2, 3 and 5: YEAR 1 MILESTONES:YEAR 2 MILESTONES: YEAR 3 MILESTONES:YEAR 5 MILESTONES: 29SECTION 3 - CRAFTING YOUR PLAN Data Points Current Data 5 Year Projection (goal) Number of creative industry jobs within Cre- ative District boundaries Number of creative businesses within Creative District boundaries Number of total businesses within Creative district boundaries Retail sales tax revenue within Creative dis- trict boundaries Lodging tax revenue (if applicable) Number of visitors/tourists to activities/ven- ues within Creative District boundaries Estimated number of children/youth that directly benefit through Creative District ac- tivities (include students, participants) Artist live/work spaces or affordable housing units Number of new business starts within the District boundary annually *ArtsWA has a subscription to Creative Vitality Suite, an online tool that tracks economic data in the creative sector through- out the United States. We can help you create a benchmark for data analysis if needed. Are there additional categories of data, based on stated community values or standards, that the district would like to track that demonstrate creative economy vitality in the region? Examples include: property value trends, occupancy rates, crime statistics, income levels, relative percentage increase in creative businesses/activities in ITEM 12: MEASURING PROGRESS TRACKING ECONOMIC DEVELOPMENT DATA Does the proposed district have economic data to demonstrate current or projected growth of sector(s) in region*? Examples of data to track include: 30 SECTION 3 - CRAFTING YOUR PLAN ITEM 13: PROGRAM SUSTAINABILITY Creative District certification lasts for five (5) years� Has the administrative entity thought about how District program activities will be funded during this time?  Yes  No  Don’t Know Please describe funding mechanisms� Please provide 5-year funding projections for Creative District: The Creative District certification comes with a small one-time seed grant from ArtsWA (subject to availability)� Does the proposed district administrator have the ability to provide matching operating funds to begin program?  Yes  No  Don’t Know Please describe where these match funds will come from: 31GLOSSARY Artistic or cultural activities: arts or culture-re- lated actions by individuals or companies that generate income or develop job or business oppor- tunities� Arts and culture niche: arts and cultural products, services or activities that appeal to a specific group of people Asset mapping: a process to make an inventory or ‘map’ of resources, skills and talents of people and organizations to find out and connect the links between different parts of a community� Community assets: a resource that can be used to improve the quality of community life� Examples include: the capacities and abilities of communi- ty members; a building or place; a business that provides jobs; or local private, public, and nonprofit institutions or organizations Community development strategy: an action plan created to promote economic and social progress for a community Competitive advantage: something that a company or community does better than its competitors due to its services or its brand position� Creative industries: a group of businesses with highly similar, creative activities at their heart� Examples include: design, music, publishing, archi- tecture, film and video, crafts, visual arts, fashion, TV and radio, advertising, culinary arts, and the performing arts� Creative sector: a general segment within the economy that describes a general economic activi- ty, in this case, arts, culture and creativity� District administrator: an appointed staff person or organization responsible for overseeing the work plan and activities of the Creative District Economic development: a sustained community effort to improve the local economy and quality of life by building capacity to adapt to economic change� Goals: an observable and measurable end result to be completed within a specific time frame� Identity: the qualities of a person or group that make them different from others; who or what a person or group is, Memorandum of understanding (MOU): a doc- ument that describes a common agreement on an issue between two or more parties� Generally recognized as binding, even if no legal claim could be based on the rights and obligations laid down in them� Milestone: a task, objective or stage into which a project is divided� Milestones serve as progress markers for monitoring and measuring achieve- ments Partnership: a relationship in which two or more people or organizations work together to achieve a common goal� Program plan: a written plan for a program that defines goals and describes a plan to reach those goals� Stakeholder: a person and/or organization who has an interest in or investment in an activity, and who is impacted by, and cares about how it turns out SWOT Analysis: a study taken on by an organiza- tion to identify its internal strengths and weakness- es, as well as its external opportunities and threats� Workforce development: an approach to econom- ic development that works to enhance a region’s economic stability by focusing on the overall em- ployment needs of a region� GLOSSARY 32 RESOURCES RESOURCES Governing Statute SHB 1183 (website) List of Approved Creative Industry Job Categories (NAICS codes) (PDF document) List of Occupations by Standard Occupational Classification (SOC) Code (PDF document) Creative Vitality Suite (website) Labor Market Information - Washington State (website) How to conduct a SWOT analysis PROMOTIONAL AND PRESENTATION MATERIALS Creative Districts Program Handout (PDF document) Creative Districts Overview Presentation (PDF document) Sample Declaration For A City Council or Municipal Government (PDF document) Sample Press Release for Creative Districts Community Meeting (PDF document) ECONOMIC DEVELOPMENT BEST PRACTICES Strengthening Rural Economies Through the Arts: NGA Best Practices August 31, 2005 (online article) Arts and the Economy: Using Arts and Culture to Stimulate Economic Development (online article) New Engines of Growth: Five Roles for Arts, Culture and Design (online article) Promoting Film and Media to Enhance State Economic Development (online article) Community as Canvas: The Power of Culture in the Emergence of Intelligent Communities (PDF document) How to Do Creative Placemaking, National Endowment of the Arts (PDF document) Rural Prosperity through the Arts & Creative Sector, National Governors Association (PDF document) 33 CREATIVE DISTRICT PRE-APPLICATION CHECKLIST MINIMUM REQUIREMENTS TO APPLY Designated, contiguous geographic area recognized by local municipal entity Area is walkable and/or easily navigable Concentration of artistic or cultural activities and/or minimum of 1 - 2 primary arts-related indus- tries occurring in region Clearly defined arts and culture identity, and brand Structured entity formally recognized by local government designated as district administrator, with assigned staff role to carry out Creative District activities Administrative entity has a minimum $20,000 total annual operating budget (includes entire bud- get, not just Creative District funds) Broad community buy-in for community designation as Creative District Partnership agreement amongst entities, to help guide activities in district Program strategic plan (covering 3 - 5 years of activity) Site visit to proposed district by Creative District program staff has been scheduled or completed ADDITIONAL CONSIDERATIONS FOR A SUCCESSFUL DISTRICT Actively promoting local arts, culture and tourist activities Appropriately zoned for activities/intended uses Engaged in preservation or promotion of cultural or historical heritage Exploring opportunities around maker space and/or affordable housing for artists and creatives Active engagement and participation in District by artist and creatives Active engagement and participation in District by a diverse coalition of community members, including underrepresented groups Economic and workforce development plans to bolster creative economy for region Economic development data to demonstrate current or projected growth of sector(s) in region Engaged in attracting creative entrepreneurs, investment and/or other related economic develop- ment activities to community WASHINGTON CERTIFIED CREATIVE DISTRICTS PROGRAM Annette Roth, Creative Districts Program Manager Washington State Arts Commission | PO Box 42675 | Olympia WA 98504-2675 | www.arts.wa.gov 360-252-9982 direct | 360-753-3860 agency | annette.roth@arts.wa.gov AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: July 28, 2021 Supplemental Agreement No. 1 with SCJ Alliance for the Kitsap Way (SR310) and Warren Avenue (SR303) Traffic Signal and Multimodal Safety Project COUNCIL MEETING Date: August 4, 2021 Department: Public Works Presenter: Andrea Archer-Parsons Phone: (360) 473-2317 SUMMARY: In July 2019, the City executed a contract with SCJ Alliance, Inc. for design of the Kitsap Way (SR310) and Warren Avenue (SR 303) Traffic Signal and Multimodal Safety Project in the amount of $365,458.00. This is the first supplemental agreement to that contract to add Construction Management Support during construction in an amount of $329,670.53. Construction Management will add a full-time inspector, engineer, and administrative support. With this increase to the Contract, the new total will be $695,128.53. ATTACHMENTS: 1) Supplement Agreement No. 1 with SCJ Alliance; and 2) Power Point Presentation Added FISCAL IMPACTS (Include Budgeted Amount): The cost for this work is included in the 2021 budget allocation for this project; no additional funding is needed. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve Supplement No. 1 with SCJ Alliance for the Kitsap Way (SR310) and Warren Avenue (SR303) Traffic Signal and Multimodal Safety Project in the amount of $329,670.53 and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A2 Updated Supplemental Agreement Number Organization and Address Phone: Original Agreement Number Project Number Execution Date Completion Date Project Title New Maximum Amount Payable Description of Work The Local Agency of desires to supplement the agreement entered in to with and executed on DQGLGHQWL¿HGDV$JUHHPHQW1R $OOSURYLVLRQVLQWKHEDVLFDJUHHPHQWUHPDLQLQHႇHFWH[FHSWDVH[SUHVVO\PRGL¿HGE\WKLVVXSSOHPHQW The changes to the agreement are described as follows: I Section 1, SCOPE OF WORK, is hereby changed to read: II 6HFWLRQ,97,0()25%(*,11,1*$1'&203/(7,21LVDPHQGHGWRFKDQJHWKHQXPEHURIFDOHQGDUGD\V for completion of the work to read: III 6HFWLRQ93$<0(17VKDOOEHDPHQGHGDVIROORZV DVVHWIRUWKLQWKHDWWDFKHG([KLELW$DQGE\WKLVUHIHUHQFHPDGHDSDUWRIWKLVVXSSOHPHQW If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate VSDFHVEHORZDQGUHWXUQWRWKLVRႈFHIRU¿QDODFWLRQ By: By: Consultant Signature Approving Authority Signature Date DOT Form 140-063 Revised 09/2005 City of Bremerton Shea, Carr & Jewel, Inc. July 17, 2019 HSIP-000S(525) Additional work for Construction Management of the Kitsap Way (SR310) and Warren Ave (SR303) Traffic Signal and Multimodal Project per the attached Exhibit. June 30, 2022 Additional $329,670.53. 1 Federal Aid No. HSIP-000S(525) Shea, Carr & Jewel, Inc. 8730 Tallon Lane NE, Suite 200 Lacey, WA 98516 (360)352-1465 315023 August 4, 2021 June 30, 2022 Kitsap Way (SR310) & Warren Ave (SR303) Traffic Safety & Multimodal $695,128.53 Retime signals, increase the visibility of traffic signal heads, and improve conditions for pedestrians at traffic signals. Upgrade signing and pavement markings and control access at driveways. On Kitsap Way (SR 310), improve lighting and rechannelize the roadway including with bike lanes and green bike facilities. Exhibit “A” Summary of Payments Basic Agreement Supplement #1 Total 'LUHFW6DODU\&RVW Overhead (Including Payroll Additives) 'LUHFW1RQ6DODU\&RVWV Fixed Fee Total DOT Form 140-063 Revised 09/2005 8730 Tallon Lane NE, Suite 200  Lacey, WA 98516  Office 360.352.1465  Fax 360.352.1509  www.scjalliance.com EXHIBIT A-1 SCOPE OF WORK AND FEE ESTIMATE AMENDMENT #1 for HIGHWAY SAFETY IMPROVEMENT PROJECT PHASE III Bremerton, WA Prepared For: Andrea Archer-Parsons, PE, Engineering Project Manager City of Bremerton 345 6th Street, Suite 100 Bremerton, WA 98337 Prepared By: Aaron Knight, PE, Project Manager Date Prepared: July 8, 2021 Overview The City contracted with the SCJ Alliance Team in July 2019 to prepare PS&E documents for the HSIP Phase III Improvements (Project). The scope of work for Amendment 1 will consist of the following phases: 1. Project Management (extra work) 3. Preliminary Design (extra work) 5. Traffic and Lighting (PHC) (extra work) 14. Construction Engineering Support (phase replaced by Amendment 1) 15. Timing and Coordination Plan Implementation (PHC) (phase replaced by Amendment 1) 16. Construction Administration (KBA) (new work) 17. Construction Inspection (new work) 18. Construction Support Traffic (PHC) (new work) Understanding  Construction Administration is budgeted for 100 working days. The on-site inspector is budgeted for 90 working days.  The Construction Administration team is not responsible for job site safety or Contractor compliance with safety regulations.  The duration of the work included herein is assumed to be six (6) months. City of Bremerton Highway Safety Improvement Project Phase III Amendment #1 July 8, 2021 Page 2 of 9 8730 Tallon Lane NE, Suite 200  Lacey, WA 98516  Office 360.352.1465  Fax 360.352.1509  www.scjalliance.com Project Management This phase includes adding additional months of Project Management to the Contract to complete the design work and additional work to manage the construction administration contract. Project Management 1) Management: Manage the project by directing and supervising staff and reviewing work for the duration of the project. This management is for the overall work rather than specific tasks. Monitor budget on a biweekly basis. Provide monthly billing statements to the City. Administer two subconsultant contracts. Understanding  Project management will be provided over an 13-month timeframe (seven months for extended design services and six months for construction administration services).  Progress billings will be submitted monthly to the City. Deliverables  Progress billings submitted monthly submitted via email in PDF format. Preliminary Design Roadway Supplement subtask 2 with the following: 2) Vertical Layout  Center medians with ADA curb ramps between Oyster Bay Road and National Avenue and at 11th Street.  Splitter islands with curb ramps at the SR-3 on-ramp, Shorewood Drive  Design additional ADA curb ramps at Shorewood Drive (2). Add the following subtask 4: 4) 11th Street/Avenue Alternatives  Prepare three design alternatives for the 11th Street/Avenue and Kitsap Way intersections. Design alternative 1 incudes widening Kitsap Way to the south (in previous budget. Design alternative 2 includes widening Kitsap Way to the north. Design alternative 3 includes a single eastbound through lane with no widening.  Prepare profile for Ford Avenue.  Alternative evaluation incudes exhibits and cost estimates. City of Bremerton Highway Safety Improvement Project Phase III Amendment #1 July 8, 2021 Page 3 of 9 8730 Tallon Lane NE, Suite 200  Lacey, WA 98516  Office 360.352.1465  Fax 360.352.1509  www.scjalliance.com Traffic and Lighting (PH Consulting) Add the following new Tasks: Additional Design Perform additional traffic signal and pedestrian signal analysis and modifications. 1) Kitsap Way & Shorewood Traffic Signal Analysis & Modifications  Performed traffic analysis, conceptual design, and plans, specifications, & estimate for City selected improvements for providing full side street access. 2) Kitsap Way & Pedestrian Signal Analysis & Modifications  Performed traffic analysis, conceptual design, and plans, specifications, & estimate for City selected improvements for providing pedestrian median refuge. 3) 6th St & Warren Ave Traffic Signal Modifications  Prepared plans, specifications, and estimates for removing split phasing, channelization, and signing improvements. 4) Wheaton Way & Sheridan  Prepared plans, specifications, and estimates for removing split phasing, channelization, and signing improvements. 5) Wheaton Way & Sylvan Way  Prepared plans, specifications, and estimates for converting side streets to protective permissive FYA phasing operations. 6) Wheaton Way & Riddell Rd  Prepared plans, specifications, and estimates for converting side streets to protective permissive FYA phasing operations. 7) Wheaton Way & Furneys Ln  Prepared plans, specifications, and estimates for converting mainline to protective permissive FYA phasing operations. 8) Project Wide Traffic Signs Review & Replacement  Reviewed existing traffic sign and prepared design plans, specifications, and estimated for replacements. 9) Project Wide Street Name Sign Review & Replacement  Reviewed existing street name signs and prepared design plans, specifications, and estimated for replacements.  Following subsequent City direction Street name signs plans, specifications, and estimates were revised to provide for internally illuminated street name signs. WSDOT Plan for Approval 1) PFA 1 Revisions: Revise PFA prepared for 11th Street design alternative 1 to include the selected alternative (alternative 3) and the 11th Street median island. Deliverables  11th Street/Avenue design alternative exhibits and cost estimates submitted in PDF format via email. City of Bremerton Highway Safety Improvement Project Phase III Amendment #1 July 8, 2021 Page 4 of 9 8730 Tallon Lane NE, Suite 200  Lacey, WA 98516  Office 360.352.1465  Fax 360.352.1509  www.scjalliance.com Construction Engineering Support Provide support from the project design team to augment the Construction Administration and Inspection phases herein. Construction Support 2) Materials Submittals: Support the Construction Administration with material submittal reviews. 3) Requests for Information: Provide review support to Requests for Information (RFI) related to the civil work submitted by the Contractor. 4) Field Changes: Provide design services for field changes requested by the City. Field changes are considered minor in nature and do not impact payment or quantities. Example of field changes may be re-grading a curb ramp due to differing site conditions. Assume up to two (2) field changes. 5) Change Orders: Provide design services and independent change order cost estimate for change orders when directed by the City. Assume up to two (2) change orders. Record Drawings 5) Record Drawings: Obtain completed record drawings from the Contractor and annotate changes to the contract plans in AutoCAD. Task assumes record drawings provided from the Contractor are complete and accurate and do not require resolution. Deliverables  Reviewed material submittals  RFI Responses  Field change plan revisions  Change Order plan revisions and cost estimates  Record Drawings. Timing and Coordination Plan Implementation (PH Consulting) Scope of services for this task consists of field investigation, developing and implementing new signal timing/coordination plans along Kitsap Way in Bremerton. This includes the following project intersections: 1. Kitsap Way & SR3 SB Off-Ramp 2. Kitsap Way & SR-3 NB On/Off-Ramp 3. Kitsap Way & Shorewood Drive 4. Kitsap Way & Ostrich Bay Ave 5. Kitsap Way & Oyster Bay Ave 6. Kitsap Way & Pedestrian Signal 7. Kitsap Way & National Ave 8. Kitsap Way & Adele Ave 9. Kitsap Way & 11th Ave 10. Kitsap Way & Wycoff 11. Kitsap Way/6th St & N Callow Ave 12. 6th St & N Montgomery City of Bremerton Highway Safety Improvement Project Phase III Amendment #1 July 8, 2021 Page 5 of 9 8730 Tallon Lane NE, Suite 200  Lacey, WA 98516  Office 360.352.1465  Fax 360.352.1509  www.scjalliance.com Finalize Signal timing/coordination plans and provide implementation support for the following intersections: 1. Warren Ave & Burwell 2. Warren Ave & 6th St 3. Warren Ave & 11th St 4. Warren Ave & 13th St 5. Warren Ave & 16th St 6. Wheaton Way & Sheridan 7. Wheaton Way & Sylvan 8. Wheaton Way & Broad 9. Wheaton Way & Hollis 10. Wheaton Way & Riddell 11. Wheaton Way & Furneys The scope of work specifically includes:  Project site visit to collect before & after corridor travel time data.  Review existing timing/coordination programs to determine coordinability factors and develop recommendations for proposed approach.  Evaluate proposed timing/coordination plans to facilitate optimal cross-coordination with 6 th St and 11th St Corridor timing improvements.  Provide recommendations for the basic signal timing parameters at the project intersections. The Consultant will provide recommendations for pedestrian walk time, pedestrian clearance time, minimum green, yellow change interval and all red clearance interval per current MUTCD and approved City Policy.  Develop up to three (3) weekday signal timing plans at the study intersections. Intersections are assumed to operate in free mode during off-peak periods.  Implement and fine tune signal timing. After the City has bench-tested and implemented the signal timings, the Consultant will spend up to two days in the field observing and fine-tuning the signal timings to optimize the coordination plans.  One meeting is assumed between City traffic operations staff and the Consultant to review proposed timings prior to implementation. Understanding  The City will provide the following: o Historical traffic collision data and traffic count data for the project intersections o Existing traffic signal timing sheets and electronic controller database/configuration files for the project intersections o Latest relevant Synchro model network segments o City standards for signal timing o Covid-19 traffic volume correction factor assumptions, if applicable o Relevant City Documents & Information as needed o Coordination with potential project partners o Supplemental traffic data (if needed) City of Bremerton Highway Safety Improvement Project Phase III Amendment #1 July 8, 2021 Page 6 of 9 8730 Tallon Lane NE, Suite 200  Lacey, WA 98516  Office 360.352.1465  Fax 360.352.1509  www.scjalliance.com  The City will test all proposed timing supplied by the Consultant prior to implementing in the field.  The City will coordinate and be present during the implementation process.  The Consultant proposes to use the Turning Movement Count data collected in January, 2018 for development of the signal timing plans. Deliverables  Technical memorandum (draft and final) for signal timing recommendations.  Weekday AM, Midday, and PM Synchro models with proposed signal timing plans for all project intersections. Construction Administration (KBA) This phase includes tasks to support the City in the administration and management of the construction project. The City will be the lead point of contact for the Contractor for daily communications. All responses to the Contractor from the Construction Administration team will be submitted to the City for final approval prior to submittal to the Contractor. Construction Administration 1) Plan and Material Submittal Reviews: Review and comment on work plans submitted by the Contractor. 2) Requests for Information: Review Requests for Information (RFI) submitted by the Contractor and develop responses. 3) City Authorized Requests: Assist the City as directed in preparing City Authorized Requests to initiate design clarifications and/or change orders. 4) Change Orders: Prepare change order documentation, including independent cost estimates. Provide change order documentation to the City for review and approval. Provide change order to the Contractor. Collect required signatures for change order execution. 5) Pay Requests: Provide a pay estimate summary at the end of each month. Provide to the City for review and approval. The City will process the progress payments. 6) Construction Documentation: Collect, review/verify, and file construction documentation from the Contractor. Items may include: intent to pay prevailing wages, prevailing wage verifications, weekly statement of working days, pay request forms, compiling inspection daily reports (IDR), sublet requests, certified payrolls, safety plans, substantial completion notice and other general correspondence. 7) Project Punch List: Prepare and manage the project punch list. Coordinate as needed with WSDOT staff. 8) Record Drawings: Obtain record drawings from the Contractor and provide to the design team for annotation. Coordinate with the Contractor to address any discrepancies or clarifications. City of Bremerton Highway Safety Improvement Project Phase III Amendment #1 July 8, 2021 Page 7 of 9 8730 Tallon Lane NE, Suite 200  Lacey, WA 98516  Office 360.352.1465  Fax 360.352.1509  www.scjalliance.com Record of Materials 1) Build the Record of Materials (ROM): Develop the project ROM formatted per standard WSDOT method. 2) Maintain the Record of Materials (ROM): Review material submittals and log them into the project ROM. The Contractor will fill out a Request for Approval of Material form (RAM) (WSDOT form or City equivalent) and submit for review. Maintain the ROM as materials are submitted by the Contractor. Update samples and tests as they are completed. Update with field verification of materials, collection of certificates of material origin, and bills of lading. 3) Construction Documentation: Develop construction documents that include; intent to pay prevailing wages, prevailing wage verifications, weekly statement of working days, pay request forms, compiling inspection daily reports (IDR) and field not records (FNR), sublet requests, certified payrolls, DBE reporting, safety plans, substantial completion notice and other general correspondence. 4) Final Document Binder: The final document binder will be developed throughout the construction phase. This effort is to finalize and prepare the binder so that it is ready for City final documentation and WSDOT audit. Traffic Control Plan Review 1) Traffic Control Plan Review: Review traffic control plans submitted by the Contractor to ensure compliance with the plans and special provisions. Construction Meetings 1) Preconstruction Meeting: Develop a preconstruction agenda, attend the meeting, document meeting notes and submit to all meeting participants. Coordinate the meeting date, location and invite the necessary participants. 2) Weekly Meetings: Develop weekly meeting agendas, attend the meeting, document meeting notes, and submit to all meeting participants. Coordinate the meeting dates, location and invite the necessary participants. 3) Site Visits: For estimating purposes, up to six (6) separate site visits have been estimated in addition to the weekly construction meetings. 4) Project Management Review Meeting: Assist the City with completion of the Project Management Review (PMR) Checklist for tasks related to Construction Administration and attend up to one (1) meeting with City and WSDOT staff. Understanding  The City will be the final approving authority.  Changes initiated by the City that require additional working days (including allowing Contractor operations on “rain days” or during suspensions) or tasks not otherwise included herein, may require an amendment to this scope of work.  The City will process change order payment.  The City will process all pay requests. City of Bremerton Highway Safety Improvement Project Phase III Amendment #1 July 8, 2021 Page 8 of 9 8730 Tallon Lane NE, Suite 200  Lacey, WA 98516  Office 360.352.1465  Fax 360.352.1509  www.scjalliance.com  Attend up to twenty (20) Weekly Construction meetings at the project site. Deliverables  Final documents will be combined and organized within the Project Construction Binder (PDF and hard copy). Electronic files will be organized to match the structure and order of the binder.  Completed ROM and submitted RAMs will be organized by bid item and incorporated into the Project Construction Binder (PDF and hard copy). Construction Inspection Construction Inspection 1) Construction Inspection: Provide one full time, on-site inspector for up to 90 working days. Inspection duties include field quantity measurement, material field verification, and inspector daily reports. Understanding  The Construction Inspector is not responsible for directing the Contractor, nor has any authority to give verbal and/or written direction to the Contractor.  The Construction Inspector is not responsible for job site safety or Contractor compliance with safety regulations. Deliverables  Submit Inspection Daily Report (IDR), material field verifications, quantity measurements and daily photographs to the City on a weekly basis. Construction Support Traffic (PH Consulting) Provide support from the project design team to augment the Construction Administration and Inspection phases herein. Construction Support Traffic 1) Plan Submittal Reviews: Review and comment on work plans submitted by the Contractor. 2) Materials Submittals: Provide review and comment on material submittals (RAM) when requested by the City. The City will provide the submittals to Consultant and Consultant will respond back directly to the City. The City will coordinate with the Contractor. 3) Requests for Information: Provide review support to Requests for Information (RFI) related to the signal work submitted by the Contractor. Provide responses to the City for review and the final responses to the Contractor. 4) Field Changes: Provide design services for field changes requested by the City. 5) Change Orders: Provide an independent change order cost estimate for signal related change orders when directed by the City. City of Bremerton Highway Safety Improvement Project Phase III Amendment #1 July 8, 2021 Page 9 of 9 8730 Tallon Lane NE, Suite 200  Lacey, WA 98516  Office 360.352.1465  Fax 360.352.1509  www.scjalliance.com Record Drawings 1) Record Drawings - Traffic: Obtain completed record drawings from the Contractor and annotate changes to the contract plans in AutoCAD. Task assumes record drawings provided from the Contractor are complete and accurate and do not require resolution. Deliverables  Reviewed material submittals  RFI Responses  Field change plan revisions  Change Order plan revisions and cost estimates  Record Drawings. END OF SCOPE OF WORK Consultant Labor Hour Estimate SCJ Alliance Client:City of Bremerton Template Version:1/29/2021 Project:Highway Safety Improvements, Phase III Contract Type:WSDOT No. of Sheets: N/A Job #:00-070204 No. of Lots: N/A File Name: 2021-0707_Bremerton HISP Ph 3_Amd.1_Fee.xlsm 83 56 41 30 36 30 Phase & Task No.Principal Project Manager Project Engineer I Design Engineer Project Coordinator II Project Accountant Total Direct Labor Hours & Cost Total Cost PHASE 01 Task 01 1 26.0 104.0 52.0 52.0 234.0 32,163.51$ Subtotal Hours: 26.0 104.0 52.0 52.0 234.0 32,163.51$ Total Phase Hours: 26.0 104.0 52.0 52.0 234.0 234.0 Total Phase Direct Labor: $2,158.00 $5,824.00 $1,872.00 $1,560.00 $11,414.00 32,163.51$ PHASE 03 Task 02 1 8.0 24.0 32.0 4,035.23$ 2 8.0 24.0 32.0 4,035.23$ Subtotal Hours: 16.0 48.0 64.0 8,070.47$ Total Phase Hours: 16.0 48.0 64.0 64.0$ Total Phase Direct Labor: $896.00 $1,968.00 $2,864.00 8,070.47$ PHASE 05 -$ Subtotal Hours:-$ Total Phase Hours:-$ Total Phase Direct Labor:-$ PHASE 14 Task 1 1 8.0 8.0 16.0 2,186.69$ 2 16.0 8.0 24.0 3,449.11$ 3 8.0 20.0 28.0 3,573.10$ 4 8.0 32.0 40.0 4,959.50$ Subtotal Hours: 40.0 68.0 108.0 14,168.40$ Task 2 1 8.0 24.0 32.0 4,035.23$ Subtotal Hours: 8.0 24.0 32.0 4,035.23$ Total Phase Hours: 48.0 92.0 140.0 140.0$ Total Phase Direct Labor: $2,688.00 $3,772.00 $6,460.00 18,203.63$ PHASE 15 -$ Subtotal Hours:-$ Total Phase Hours:-$ Total Phase Direct Labor:-$ PHASE 16 -$ Subtotal Hours:-$ Total Phase Hours:-$ Total Phase Direct Labor:-$ PHASE 17 Task 01 1 40.0 860.0 900.0 79,013.92$ Subtotal Hours: 40.0 860.0 900.0 79,013.92$ Total Phase Hours: 40.0 860.0 900.0 900.0$ Total Phase Direct Labor: $2,240.00 $25,800.00 $28,040.00 79,013.92$ Management PROJECT MANAGEMENT (EXTRA WORK) CONSTRUCTION ADMINISTRATION (KBA) (NEW WORK) See Subconsultants CONSTRUCTION INSPECTION (NEW WORK) Construction Inspection Construction Inspection (100 days) Management Roadway Vertical Layout 11th Street/Avenue Alternatives PRELIMINARY DESIGN (EXTRA WORK) Phase & Task Title Construction Support Materials Submittals TIMING AND COORDINATION IMPLEMENTION PLAN (PH CONSULTING) (REPLACE PHASE) Request for Information Field Changes Change Orders Record Drawings Record Drawings TRAFFIC AND LIGHTING (PH CONSULTING) (EXTRA WORK) See Subconsultants CONSTRUCTION ENGINEERING SUPPORT (REPLACE PHASE) See Subconsultants 1 of 3 7/8/2021 Consultant Labor Hour Estimate SCJ Alliance Client:City of Bremerton Template Version:1/29/2021 Project:Highway Safety Improvements, Phase III Contract Type:WSDOT No. of Sheets: N/A Job #:00-070204 No. of Lots: N/A File Name: 2021-0707_Bremerton HISP Ph 3_Amd.1_Fee.xlsm 83 56 41 30 36 30 Phase & Task No.Principal Project Manager Project Engineer I Design Engineer Project Coordinator II Project Accountant Total Direct Labor Hours & Cost Total CostPhase & Task Title PHASE 18 -$ Subtotal Hours:-$ Total Phase Hours:-$ Total Phase Direct Labor:-$ Total Hours All Phases 26.0 208.0 140.0 860.0 52.0 52.0 1,338.0 1338.0 Total Direct Labor Estimate All Phases $2,158.00 $11,648.00 $5,740.00 $25,800.00 $1,872.00 $1,560.00 $48,778.00 137,451.53$ Indirect Costs Subconsultants: PH Consulting $23,928.00 PH Consulting $29,100.00 KBA $125,437.00 PH Consulting $8,208.00 Subconsultant Subtotal:186,673.00$ Subconsultant Markup:-$ Subconsultant Total:186,673.00$ Reimbursable Expenses: Copies, Printing, etc.-$ Bridge Toll 500.00$ Mileage 5,046.00$ Expenses Subtotal:5,546.00$ Expenses Markup:-$ Expenses Total:5,546.00$ Management Reserve:-$ Total Indirect Costs:192,219.00$ Total: 329,670.53$ CONSTRUCTION SUPPORT TRAFFIC (PH CONSULTING) (NEW WORK) See Subconsultants 2 of 3 7/8/2021 SCJ Alliance Client: Project: Job #:Template Version: File Name: 2021-0707_Bremerton HISP Ph 3_Amd.1_Fee.xlsm Contract Type: Consultant Fee Determination DIRECT SALARY COST Classification Hours Direct Hourly Rate Amount Principal 26.0 $83.00 $2,158.00 Project Manager 208.0 $56.00 $11,648.00 Project Engineer I 140.0 $41.00 $5,740.00 Design Engineer 860.0 $30.00 $25,800.00 Project Coordinator II 52.0 $36.00 $1,872.00 Project Accountant 52.0 $30.00 $1,560.00 Total Direct Salary Cost $48,778.00 OVERHEAD Overhead Rate: 151.79% Overhead Cost $74,040.13 FIXED FEE Fixed Fee Rate: 30.00% Fixed Fee Cost $14,633.40 TOTAL SALARY COST Total Salary Cost $137,451.53 SUBCONSULTANTS Yes PH Consulting PHASE 05 $23,928 PH Consulting PHASE 15 $29,100 $125,437 $8,208 x Subconsultant Fee Subtotal: $186,673.00 Q Subconsultant Markup:0%$0.00 REIMBURSABLE EXPENSES Copies, Printing, etc. 0.0% of the Direct Salary Costs $0.00 Bridge Toll $500 Mileage 8,700 miles at $0.580 per mile $5,046.00 Expenses Subtotal: $5,546.00 Expenses Markup:0%$0.00 SUBTOTAL (SALARY, SUBCONSULTANTS AND EXPENSES) Subtotal (Salary, Subconsultants and Expenses)$329,670.53 MANAGEMENT RESERVE FUND (MRF) Management Reserve:$0.00 Total Estimated Budget: $329,670.53 Consultant Fee Determination Summary - Exhibit D-1 Highway Safety Improvements, Phase III 1/29/202100-070204 TIMING AND COORDINATION IMPLEMENTION PLAN (PH CONSULTING) (REPLACE PHASE) TRAFFIC AND LIGHTING (PH CONSULTING) (EXTRA WORK) WSDOT City of Bremerton 100 days at $5/day PH Consulting PHASE 18 CONSTRUCTION SUPPORT TRAFFIC (PH CONSULTING) (NEW WORK) KBA PHASE 16 CONSTRUCTION ADMINISTRATION (KBA) (NEW WORK) 7/8/2021 Page 3 June 16, 2021 Shae, Carr & Jewell, Inc. (dba SCJ Alliance) 8370 Tallon Lane NE, Suite 200 Lacey, WA 98516-6642 Subject: Acceptance FYE 2020 ICR CPA Report Dear Heather Seago: We have accepted your firms FYE 2020 Indirect Cost Rate (ICR) of 151.79% of direct labor (rate includes 0.16% Facilities Capital Cost of Money) Stambaugh Ness. 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 Supplement #1 Exhibit B.1 Consultant Fee Determination - Task Budget Detail Bremerton HSIP PH III Task No. Task Description Project Manager Senior Traffic Engineer CAD Designer II Associate Engineer Office Admin Office Assistant PH Total Direct Rate $ 60.00 $ 57.50 $ 37.50 $ 25.00 $ 35.00 $ 25.00 Hourly Rate $ 144.00 $ 138.00 $ 90.00 $ 60.00 $ 84.00 $ 60.00 Phase 5 Traffic and Lighting Task 10 Additional Design 10.1 City Coordination 12 4 3 19 10.2 Traffic Signal & Street Light Improvement Plans 20 40 70 8 136 10.3 Specifications 12 12 24 10.4 Quantities 6 4 4 8 22 10.5 Opinion of Cost 4 4 Task 1.0 Total Hours 54 60 74 16 3 0 205 Subtotal Task 1.0 $ 7,776.00 $ 8,280.00 $ 6,660.00 $ 960.00 $ 252.00 $ - $ 23,928.00 Phase 14 Timing and Coordination Plan Implementation 2.1 Field Review (All)12 12 2.2 Draft Signal Timing Plan Development and Draft Memorandum (Kitsap Way)4 80 84 2.3 Final Signal Timing Plans, Timing Cards, and Final Memorandum (Warren & Wheaton)4 16 20 2.4 Final Signal Timing Plans, Timing Cards, and Final Memorandum (Kitsap Way)8 40 48 2.5 Timing Plan Implementation and Fine Tuning 16 24 40 2.6 Project Team Meetings 6 6 12 0 Task 2.0 Total Hours 38 166 0 12 0 0 216 Subtotal Task 2.0 $ 5,472.00 $ 22,908.00 $ - $ 720.00 $ - $ - $ 29,100.00 Phase 15 Construction Phase Engineering Services Task 1 Construction Support Traffic 3.1 Plan Submittals 8 8 3.2 Material Submittals 8 8 3.3 RFIs 8 3.4 Field Changes 12 3.5 Change Orders 12 Task 2 Record Drawings 3.1 Record Drawings 4 8 12 Task 3.0 Total Hours 52 0 8 0 0 0 28 Subtotal Task 3.0 $ 7,488.00 $ - $ 720.00 $ - $ - $ - $ 8,208.00 PH TOTAL HOURS 144 226 82 28 3 0 449 TOTAL ALL TASKS $ 20,736.00 $ 31,188.00 $ 7,380.00 $ 1,680.00 $ 252.00 $ - $ 61,236.00 6/11/2021 2 Supplement #1 Exhibit B.1 Consultant Fee Determination - Task Budget Detail Bremerton HSIP PH III PH Consulting Staff Category Hours Rate Cost Principal 0 $ 75.00 $ - Sr. Project Manager 0 $ 70.00 $ - Project Manager 144 $ 60.00 $ 8,640.00 Senior Traffic Engineer 226 $ 57.50 $ 12,995.00 CAD Designer II 82 $ 37.50 $ 3,075.00 Associate Engineer 28 $ 25.00 $ 700.00 Office Administrator 3 $ 35.00 $ 105.00 Office Assistant 0 $ 25.00 $ - Total Hours 483 $ 25,515.00 Direct Labor Cost $ 25,515.00 Overhead Rate @ 110% of Direct Labor $ 28,066.50 Fee @30% of Direct Labor $ 7,654.50 Direct Salary Cost $ 61,236.00 Direct Expenses Unit Cost Total Traffic Counts (TMC)-$ Reproduction Costs Reprographics 1 0 -$ Parking/Tolls 1 140 140.00$ 2021 Mileage Rates 360 $0.56/Mi 207.00$ Sub-Total Direct Expenses $ 347.00 Fee Estimate $ 61,236.00 Total Fee $ 61,583.00 6/11/2021 1 JUL 2021 AUG 2021 SEP 2021 OCT 2021 NOV 2021 DEC 2021 JAN 2022 SCJ Alliance 21 22 21 21 20 21 21 KBA Job No.168 176 168 168 160 168 168 Cost + Net fee (on DSC Only)12% 12% 12% 11% 0% 0% 6% Prepared On: 5/27/2021 188 197 188 186 160 168 178 Prepared by: Brian Matthews Annual Escalation on DSC 5%PRECONSTRUCTION CONSTRUCTION - 100 Contractor Working Days ESTIMATE OF COSTS CLOSEOUT KBA Hours Class Title/Role Task Start Finish 2021 Rate 2022 Rate 2023 Rate 2024 Rate Total Hours Original Agreement Total JUL 2021 AUG 2021 SEP 2021 OCT 2021 NOV 2021 DEC 2021 JAN 2022 H Cathy Arnold M1 Manager I 01.00 - Project Management 7/1/21 1/31/22 $67.00 $70.35 $73.87 $77.56 92 92 14 14 14 14 14 14 8 H Natalie Nicholson M1 Manager I 01.00 - Project Management 7/1/21 1/31/22 $52.00 $54.60 $57.33 $60.20 14 14 2 2 2 2 2 2 2 H Chris Bailey P5 Project Controls V 02.00 - Construction Management 7/1/21 1/31/22 $44.00 $46.20 $48.51 $50.94 168 168 24 24 24 24 24 24 24 F Randy Cavanagh E4 Engineer / Professional IV 02.00 - Construction Management 7/1/21 1/31/22 $49.32 $51.79 $54.38 $57.09 588 588 84 88 84 84 80 84 84 Subtotal - KBA Labor Hours 862 862 124 128 124 124 120 124 118 Project Expenses Task Rate Tax Load Total Costs Original Agreement Total JUL 2021 AUG 2021 SEP 2021 OCT 2021 NOV 2021 DEC 2021 JAN 2022 Vehicle Lease DE $950 10.30% $1,048 -$ - Vehicle Rental DE $6 10.30% $6.62 3,891$ 3,891 556 582 556 556 529 556 556 Mileage DE $0.56 NA NA -$ - Office Lease DE $1,000 NA NA -$ - Utilities DE NA NA -$ - Internet DE $250 NA NA -$ - Misc. Bridge Tolls per Day DE 5.00$ 0.00% $5.00 140$ 140 20 20 20 20 20 20 20 Subtotal - Direct Expenses 4,031 4,031 576 602 576 576 549 576 576 Task Start Finish 2021 Rate 2022 Rate 2023 Rate 2024 Rate Total DSC Original Agreement Total JUL 2021 AUG 2021 SEP 2021 OCT 2021 NOV 2021 DEC 2021 JAN 2022 H Cathy Arnold M1 Manager I 01.00 - Project Management 7/1/21 1/31/22 $67.00 $70.35 $73.87 $77.56 6,191 6,191 938 938 938 938 938 938 563 H Natalie Nicholson M1 Manager I 01.00 - Project Management 7/1/21 1/31/22 $52.00 $54.60 $57.33 $60.20 733 733 104 104 104 104 104 104 109 H Chris Bailey P5 Project Controls V 02.00 - Construction Management 7/1/21 1/31/22 $44.00 $46.20 $48.51 $50.94 7,445 7,445 1,056 1,056 1,056 1,056 1,056 1,056 1,109 F Randy Cavanagh E4 Engineer / Professional IV 02.00 - Construction Management 7/1/21 1/31/22 $49.32 $51.79 $54.38 $57.09 29,207 29,207 4,143 4,340 4,143 4,143 3,946 4,143 4,350 2021 2022 2023 2024 43,576$ 43,576 6,241 6,438 6,241 6,241 6,044 6,241 6,131 156.16% 156.16% 156.16% 156.16% 22,438 22,438 3,276 3,276 3,276 3,276 3,276 3,276 2,781 144.89% 144.89% 144.89% 144.89% 42,318 42,318 6,003 6,288 6,003 6,003 5,717 6,003 6,303 2021 2022 2023 2024 64,757$ 64,757 9,279 9,565 9,279 9,279 8,993 9,279 9,084 30.00% 30.00% 30.00% 30.00% 13,073 13,073 1,872 1,931 1,872 1,872 1,813 1,872 1,839 121,406$ 121,406 17,392 17,934 17,392 17,392 16,850 17,392 17,054 4,031 4,031 576 602 576 576 549 576 576 - - - - - - - - - - - - - - - - - - TOTAL INVOICED 125,437 125,437 17,968 18,537 17,968 17,968 17,399 17,968 17,630 Management Reserve Subtotal Overhead Direct Expenses (No Markup) Subconsultant(s) Direct Salary Costs Overhead (Home) @ Overhead (Field) @ Fee on DSC Subtotal (DSC + OH + Fee) Combined Costs CONFIDENTIAL & PROPRIETARY TO KBA, INC. Bremerton HSIP Ph. 3 CM DETERMINATION OF HOURS MONTH Days/Mo Hr/Mo Extra Work Adj Hr/Mo SCHEDULE 08.01.2021 to 11.5.2021 Preconstruction = 5 Days Contractor Working Days = 100 Days Closeout = 5 Days -XO\ .%$,QF 6(WK 6WUHHW6XLWH %HOOHYXH:$ 6XEMHFW$FFHSWDQFH)<(,&5±$XGLW2IILFH5HYLHZ 'HDU$QG\-RQHV 7UDQVPLWWHGKHUHZLWKLVWKH:6'27$XGLW2IILFH¶VPHPRRI³$FFHSWDQFH´RI\RXU ILUP¶V)<(,QGLUHFW&RVW5DWH,&5RI x +RPH2IILFHRIGLUHFWODERU x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uly 28, 2021 WORK LOCATION Kitsap Way –SR 3 to Montgomery Warren/Wheaton Way –Burwell to Furney’s Lane Scope Kitsap Way –Signal Head Replacement, Signal Timing, Pavement Markings, Pedestrian Refuge Islands, and Green Bike Lane Markings Warren Ave/Wheaton Way -Signal Head Replacement, Signal Timing Schedule Construction during Late Summer/Fall 2021 To Be Completed by end of December 2021 Budget (2021) FHWA Grant for $2,569,572 Fund Balance for $380,428 Budgeted for $2.95M in 2021 PROJECT OVERVIEW City’s Role –Project oversight including attending construction meetings to provide direction/decisions, approving Change Orders, Pay Requests, and Public Involvement. SCJ’s Role -Generally all Construction Management and Inspection: CM Services required through duration of Construction (August through June 2022/Construction Completion) Full Time Inspector, Half-Time Resident Engineer, & Administrative Staff through Construction Phase. Work includes: o All inspections by SCJ Inspector o Submittal Review, RFI Response, Review Pay Estimates, On-Site Issue Resolution, Coordinate with Property Owners, Preside at Construction Meetings, Construction Record Development, Verification of Certified Payrolls, Compliance with Disadvantaged Business Enterprises Regulations SCJ CONSTRUCTION MANAGEMENT SERVICES PROJECT COST SUMMARY (ESTIMATED) Cost Item Amount Design Engineer (SCJ)$365,458 Construction (ACI)$2,488,573 City staff (design support, design admin, CM support, inspection) $86,045 Construction Management (SCJ)$329,671 Materials Testing/Advertising $20,000 TOTAL $3,289,747 Total Project Budget = $3.29M 2021 Budget = $2.95M QUESTIONS? Project Contacts: Andrea Archer-Parsons, P.E. –Capital Project Manager (360) 473-2713 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: July 28, 2021 Public Works Agreement with Long Painting Company for Casad Dam Morning Glory Overflow Coating Replacement Project COUNCIL MEETING Date: August 4, 2021 Department: PW&U - Engineering Presenter: Robert Endsley Phone: (360) 473-2348 SUMMARY: The Casad Dam morning glory overflow structure was constructed in 1957. The steel overflow weir and outlet pipe still have the original coal tar epoxy coating. The existing coating will be removed and a new coating system will be applied. Requests for bids were sent to five (5) contractors using the MRSC Small Works Roster. Two (2) bids were received. Bids were opened on July 15, 2021. Long Painting Company was the lowest responsible, responsive bidder in the amount of $137,994 (which includes sales tax). ATTACHMENTS: 1. Agreement; 2. Location Map; 3. Photo of Structure; 4. Bid Tabulation FISCAL IMPACTS (Include Budgeted Amount): This project is included in the 2021 Water Capital Budget. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to award the construction contract for the Casad Dam Morning Glory Overflow Coating Replacement to Long Painting Company in the amount of $137,994 (including 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 A3 PUBLIC WORKS AGREEMENT – Page 1 of 10 (between City of Bremerton and Long Painting Company) PUBLIC WORKS AGREEMENT THIS AGREEMENT is entered into between the City of Bremerton, a Washington Municipal Corporation (“City”), and Long Painting Company (“Contractor”), whose mailing address is 21414 68th Ave S, Kent, WA 98032. The parties agree as follows: 1.CONTRACTOR SERVICES. The Contractor shall perform the following services for the City described in the Bid Documents titled: Casad Dam Morning Glory Overflow Coating Replacement. 2. TIME OF COMPLETION. Contractor shall complete the work by October 8, 2021. 3. COMPENSATION. The City shall pay the Contractor the total amount of $137,994, inclusive of the applicable Washington State Sales Tax, for the work and services contemplated in this agreement. The City shall pay the Contractor ninety percent (90%) of the Contract amount upon completion and acceptance of the work by the City, and the remainder upon fulfillment of the conditions listed below and throughout this agreement. A.No Performance Bond. Because this contract including applicable sales tax is $150,000 or less, and pursuant to Chapter 39.08 RCW, the Contractor, in lieu of providing the City a performance bond, has elected to have the City retain the final ten percent (10%) of the Contract amount for a period of thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor & Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B.Retainage. The City shall hold back a retainage in the amount of ten percent (10%) of any and all payments made to contractor for a period of thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor & Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. C.Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this agreement; and extra work and materials furnished without the City’s written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by PUBLIC WORKS AGREEMENT – Page 2 of 10 (between City of Bremerton and Long Painting Company) the City. “Additional costs” shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. D. Final Payment: Waiver of Claims. THE MAKING OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL PRECLUDE ALL CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. 4. INDEPENDENT CONTRACTOR. Contractor is and shall be at all times acting as an independent contractor and not as an employee of the City. The Contractor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state disability insurance compensation, unemployment compensation, and all other payroll deductions for the Contractor, officer, agents, employees and sub-contractors. The Contractor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Contractor's officers, agents, employees and sub- contractors. 5. TERMINATION. The City may terminate this agreement for good cause. “Good cause” shall include, without limitation, any one or more of the following events: A. The Contractor’s refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor’s failure to complete the work within the time specified in this agreement. C. The Contractor’s failure to make full and prompt payment to sub- contractors or for material or labor. D. The Contractor’s persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor’s filing for bankruptcy or becoming adjudged bankrupt. If the City terminates this agreement for good cause, the Contractor shall not receive any further monies due under this agreement until the Contract work is completed. 6. PREVAILING WAGES. Contractor shall file a “Statement of Intent to Pay Prevailing Wages” with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages and comply with Chapter PUBLIC WORKS AGREEMENT – Page 3 of 10 (between City of Bremerton and Long Painting Company) 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. 7. CHANGES. The City may issue a written work change directive for any change in the Contract work during the performance of this agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the City’s project manager within two (2) business days of the date the Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor’s costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving a written work change directive or change order from the City. If the Contractor fails to require a change order within the time allowed, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided below: A. Procedure and Protest by the Contractor. If the Contractor disagrees with anything required by a work change directive or change order, including any direction, instruction, interpretation, or determination by the City, the Contractor shall: 1. Immediately give a signed written notice of protest to the City; 2. Supplement the written protest within fourteen (14) calendar days with a written statement that provides the following information: a. The date of the Contract’s protest. b. The nature and circumstances that caused the protest. c. The provisions in this agreement that support the protest. d. The estimated dollar cost, if any, of the protested work and how that estimate was determined. e. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. The Contractor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Contractor’s records needed for evaluating the protest. 3. The City will evaluate all protests, provided the procedures in this section are followed. If the City determines that a protest is valid, PUBLIC WORKS AGREEMENT – Page 4 of 10 (between City of Bremerton and Long Painting Company) the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. B. Contractor’s Duty to Complete Protested Work. In spite of any protest, the Contractor shall proceed promptly with the work as the City has ordered. C. Contractor’s Acceptance of Changes. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts form the City any written order (including directions, instructions, interpretations, and determination). 8. CLAIMS. The Contractor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims. Any claim for damages, additional payment for any reason, or extension of time, whether under this agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this agreement; or, if (and only if) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Contractor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Contractor’s written claim must include the information set forth regarding protests in Section 7.A.2.a.-e. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. Contractor must, in any event, file any claim or bring any suit arising from or connected with this agreement within 120 calendar days from the date the contract work is complete. 9. WARRANTY. The Contractor shall correct all defects in workmanship and materials within one year from the date of the City’s acceptance of the Contract work. When defects are corrected, the warranty for that portion of the work shall extend for one year form the PUBLIC WORKS AGREEMENT – Page 5 of 10 (between City of Bremerton and Long Painting Company) date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 10. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officer, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits including all legal costs and attorney fees, arising out of or in connection with the performance of this agreement, except for injuries and damages caused by the City’s sole negligence. The City’s inspection or acceptance of any of Contractor’s work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officials, employees, agents and volunteers, the Contractor’s liability hereunder shall be only to the extent of the Contractor’s negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE CONTRACTOR’S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSE OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this agreement. 11. INSURANCE. The Contractor shall procure and maintain for the duration of this agreement insurance of the types and in the amounts described below against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work by the Contractor, its agents, representative, employees, sub-consultants or sub- contractors. Before beginning work on the project described in this agreement, the Contractor shall provide a Certificate of Insurance evidencing: A. Automobile Liability insurance with limits no less than $2,000,000 combined single limit per accident for bodily injury and property damage; and B. Commercial General Liability insurance written on an occurrence basis with limits no less than $5,000,000 combined single limit per occurrence, $2,000,000 per occurrence for products/completed, and $2,000,000 per person for personal injury. Coverage shall include but not be limited to: PUBLIC WORKS AGREEMENT – Page 6 of 10 (between City of Bremerton and Long Painting Company) premises/operations, products, completed operations, independent contractors, owners, and contractors protective, explosion, collapse, underground hazard, broad form contractual, personal injury with employment exclusion deleted, and broad form property damage); and C. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $2,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of the Contractor. The City, its officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The Contractor’s insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City’s Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City reserves the right to receive a certified copy of all the required insurance policies. 12. MISCELLANEOUS. A. Equal Employment Opportunity Statement. In the hiring of employees for the performance of work under this Agreement, the Contractor, its subcontractors, or any person acting on behalf of Contractor shall not discriminate in any employment practice on the basis of age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status, military status, or the presence of any physical, mental or sensory disability. B. ADA Statement. The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment and admission to participation in the programs, services and activities of the City of Bremerton. Reasonable accommodation for employees or applicants for employment will be provided. PUBLIC WORKS AGREEMENT – Page 7 of 10 (between City of Bremerton and Long Painting Company) C. Compliance with Laws . Contractor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this agreement. D. Work Performed at Contractor’s Risk. Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this agreement. All work shall be done at Contractor’s own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. E. Nonwaiver of Breach. The failure of the City to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect F. Governing Law. This agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and Contractor under any of the provisions of this agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. G. Attorney’s Fees. To the extent not inconsistent with RCW 39.04.240, in any claim or lawsuit for damages arising from the parties’ performance of this agreement, each party shall be responsible for payment of its own legal costs and attorney’s fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the City’s right to indemnification under Section 10 of this agreement. H. Written Notice. All communications regarding this agreement shall be sent to the parties at the addresses listed on the signature page of this agreement, unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated on this agreement. I. Assignment. Any assignment of this agreement by the Contractor without the written consent of the City shall be void. J. Modification. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. K. Severability. If any one or more sections, sub-sections, or sentences of this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this agreement and the remainder shall remain in full force and effect. PUBLIC WORKS AGREEMENT – Page 8 of 10 (between City of Bremerton and Long Painting Company) L. Entire Agreement. The written provisions and terms of this agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this agreement. This agreement and any attached Exhibits contain the entire agreement between the parties. Should any language in any Exhibit to this agreement conflict with any language contained in this agreement, the terms of this agreement shall prevail. IN WITNESS WHEREOF, the parties below have executed this agreement. LONG PAINTING COMPANY THE CITY OF BREMERTON Print Name: Print Name: Greg Wheeler Title: Title: Mayor DATE DATE Notices to be sent to: Notices to be sent to: CONTRACTOR: CITY OF BREMERTON: Attn: Bill Davis 345 6th Street, Suite 100 Bremerton, WA 98337 (360) 473-2348 (360) 473-5200 (facsimile) APPROVED AS TO FORM: Bremerton City Attorney ATTEST: Angela Hoover, City Clerk R:\Legal\Legal\Forms\FORMS ON COBWEB\Public Works Agreement (short form) Rev. 06 2020.DOC CASAD DAM MORNING GLORY OVERFLOW VICINITY MAP CASAD DAM MORNING GLORY OVERFLOW AND OUTLET LOCATION MAP ATTACHMENT 3 PHOTO OF STRUCTURE CITY OF BREMERTON BID TABULATION BOND BASE BID + CONTINGENCY SALES TAX TOTALNAME OF BIDDER OPENED BY: 7/15/2021 TIME OPENED: Casad Dam Morning glory Overflow Coating Replacement 2:00 PM Noreen Bolo Noreen Bolo PURCELL P&C, LLC √146,800 13,212 160,012.00 LONG PAINTING COMPANY √126,600 11,394.00 137,994.00 BID TITLE: SECOND LOW BIDDER - PURCELL P&C, LLC $160,012.00 THIRD LOW BIDDER $ DATE OPENED: RECORDED BY: ENGINEER ESTIMATE (INC SALES TAX) APPARENT LOW BIDDER - LONG PAINTING COMPANY $137,994 SUMMARY $120,000 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: July 28, 2021 Professional Services Agreement with SCJ Alliance for Design of the Warren Avenue Bridge Pedestrian Improvements Project COUNCIL MEETING Date: August 4, 2021 Department: PW&U - Engineering Presenter: Shane Weber Phone: (360) 473-2354 SUMMARY: On September 18, 2020 the City accepted State grant funding in the amount of $1,500,000 to complete the engineering and permitting for pedestrian and bike improvements on the Warren Avenue Bridge and multimodal improvements on Warren Avenue north and south of the bridge. Four consultants were interviewed and SCJ Alliance was selected based on qualifications. The SCJ Alliance design work includes civil and structural design of improvements off the bridge. WSDOT is under contract to perform the bridge structural design. The civil design work will be completed in two phases: Phase 1 will be an alternatives feasibility study with selection of a preferred alternative and Phase 2 will be the final design and permitting. A future amendment to this contract will be prepared for Phase 2 upon selection of a preferred alternative. ATTACHMENTS: 1) Professional Services Agreement FISCAL IMPACTS (Include Budgeted Amount): The consultant fee is $255,435.38. The budget is included in the Transportation Capital Fund and is 100% grant funded with no city match. 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 SCJ Alliance for design of the Warren Avenue Bridge Pedestrian Improvements Project in the amount of $255,435.38; 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 A4 Page 1 of 7 Bremerton/SCJ Alliance Warren Ave. Bridge Pedestrian Improvements Rev. 06/2020 PROFESSIONAL SERVICES AGREEMENT Warren Avenue Bridge Pedestrian Improvements The City of Bremerton (“City”) and Shea Carr & Jewell, Inc. (dba SCJ Alliance) (“Consultant”), referred to collectively as the “Parties,” enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated June 30, 2021, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.H of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit B; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in Section IX.A of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $255,435.38. Consultant’s charges and bills shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit C. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit C. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. Page 2 of 7 Bremerton/SCJ Alliance Warren Ave. Bridge Pedestrian Improvements Rev. 06/2020 IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City’s employees and other Consultants. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City’s administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: A. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement except for that portion of the injuries and damages caused by the City’s sole negligence, unless Consultant is conducting work pursuant to Subsection B below. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. B. Architects, Engineers and Any Other Professional Listed In and Performing Services Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that Consultant’s services provided pursuant to this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. Page 3 of 7 Bremerton/SCJ Alliance Warren Ave. Bridge Pedestrian Improvements Rev. 06/2020 The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-contractors. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and 3. Excess Liability insurance with limits not less than $1,000,000 limit per occurrence and aggregate; and 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim; and 5. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an “occurrence” basis except professional liability insurance (if required), which may be provided on a “claims-made” basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative Page 4 of 7 Bremerton/SCJ Alliance Warren Ave. Bridge Pedestrian Improvements Rev. 06/2020 obligation upon Consultant to advise the City’s Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. In the event that the Consultant employs other consultants or contractors (sub-consultants or sub-contractors) as part of the work covered by this Agreement, it shall be the Consultant’s responsibility to require and confirm that each sub-consultant or sub-contractor meets the minimum insurance requirements specified above. The Consultant shall, upon demand of the City, deliver to the City copies of such policy or policies of insurance and the receipts for payment of premiums thereon. VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (“GAAP”) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Lacey, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City’s sole risk. Page 5 of 7 Bremerton/SCJ Alliance Warren Ave. Bridge Pedestrian Improvements Rev. 06/2020 C. Use of Photographs and Images. Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. D. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. E. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Lacey, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. F. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. G. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H. Modification: This Agreement may only be modified by written instrument signed by both Parties. I. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. Notices to be sent to: Notices to be sent to: CITY: CONSULTANT: Attn: Shane Weber Attn: Aaron Knight, PE/SCJ Alliance City of Bremerton 8730 Tallon Lane NE Suite 200 345 6th Street, Suite 100 Lacey, WA 98516 Bremerton, WA 98337-1891 Email: aaron.knight@scjalliance.com J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. K. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred Page 6 of 7 Bremerton/SCJ Alliance Warren Ave. Bridge Pedestrian Improvements Rev. 06/2020 in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. M. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. N. Attorneys’ Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney’s fees. O. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII. Equal Employment Opportunity Statement: In the hiring of employees for the performance of work under this Agreement, the Consultant, its subcontractors, or any person acting on behalf of Consultant shall not discriminate in any employment practice on the basis of age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status, military status, or the presence of any physical, mental or sensory disability. IX. ADA Statement: The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment and admission to participation in the programs, services and activities of the City of Bremerton. Reasonable accommodation for employees or applicants for employment will be provided. X. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party’s sending notice to the non-performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any Page 7 of 7 Bremerton/SCJ Alliance Warren Ave. Bridge Pedestrian Improvements Rev. 06/2020 acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B.Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. XI. Suspension & Debarment. For contracts involving Federal funding, Consultant hereby certifies, by signing this agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Consultant shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Consultant enter into a covered transaction with another firm, Consultant agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. IN WITNESS WHEREOF, the parties below have executed this Agreement. CONSULTANT: SCJ Alliance By: Print Name: Its: Date: ATTEST: By: CITY: CITY OF BREMERTON By: Print Name: Its: Date: APPROVED AS TO FORM: By: Bremerton City Attorney Angela Hoover, City Clerk R:\Legal\Legal\Forms\FORMS ON COBWEB\Professional Services Agreement Rev. 06 2020.docx 8730 Tallon Lane NE, Suite 200  Lacey, WA 98516  Office 360.352.1465  Fax 360.352.1509  scjalliance.com Exhibit A SCOPE OF WORK AND FEE ESTIMATE for Warren Avenue Bridge Pedestrian Improvements Bremerton, WA Prepared For: Shane Weber, PE, Managing Engineer City of Bremerton 345 6th Street, Suite 100 Bremerton, WA 98337 Prepared By: Aaron Knight, PE, Project Manager Date Prepared: June 30, 2021 OVERVIEW The City of Bremerton is in the process of completing pedestrian and safety improvements to the Warren Avenue Bridge (Port Washington Narrows Bridge). The project will include a shared use path across the bridge and associated improvements off of the bridge structure. This scope of work includes a feasibility and alternatives analysis for up to four (4) configurations of the shared use path. The following preliminary alternatives have been identified by the project team, but are subject to change following the initial round of stakeholder outreach:  8-foot path on each side of the bridge  10-foot path on each side of the bridge  12-foot path on the west side of the bridge, tunnel at the south end of the bridge o Will include either closure of the existing sidewalk on the east side of the bridge or widening into the existing bridge deck to achieve ADA compliance and meet City standards.  12-foot path on the east side of the bridge o Will include either closure of the existing sidewalk on the west side of the bridge or widening into the existing bridge deck to achieve ADA compliance and meet City standards. o May include evaluation of east-west crossing enhancements for Olympic College students at or near 16th Street. Each alternative includes connectivity off of the bridge structure to tie into existing bicycle networks and the bridge-to-bridge trail. Upon selection of a preferred alternative, an amendment to this scope of work will be prepared for completion of the Preliminary and Final Design. City of Bremerton Warren Avenue Bridge Pedestrian Improvements June 30, 2021 Page ii 8730 Tallon Lane NE, Suite 200  Lacey, WA 98516  Office 360.352.1465  Fax 360.352.1509  www.scjalliance.com ASSUMPTIONS  The duration of the feasibility and alternatives analysis is assumed to be six (6) months.  The PE phase of the project is funded by Washington State Legislature set-aside and managed by WSDOT Local Programs. It is anticipated that subsequent phases (Right of Way and/or Construction) will be funded using Federal funding, therefore all products will be prepared to the standards required by Federal Funding.  Right of way acquisition, negotiations, and document preparation are not included in this scope of work.  CAD drafting will be developed using AutoCAD 2020 Civil 3D using SCJ drafting standards. Plan preparation will comply with City of Bremerton Standards.  Roadway pavement section requirements for pavement restoration or overlay will be provided by WSDOT or City standards, and will not require an engineered design.  All field activities including survey and geotechnical exploration will occur within the Right of Way (ROW) or on City owned parcels. Right of entry onto private property is not included in this scope of work.  The Consultant will not be responsible for any permit fees, which will be waved or invoiced to the City directly.  All project related meetings will be held virtually via web conferencing. INFORMATION PROVIDED BY THE CITY  Utility maps for all City utilities within the project area, including downstream path for the stormwater system.  As-built drawings for the project area. INFORMATION PROVIDED BY WSDOT  Roadway Pavement Section for SR 303. City of Bremerton Warren Avenue Bridge Pedestrian Improvements June 30, 2021 Page iii 8730 Tallon Lane NE, Suite 200  Lacey, WA 98516  Office 360.352.1465  Fax 360.352.1509  www.scjalliance.com Table of Contents Work Element 1: Project Management ..................................................................... 1 Work Element 2: Survey and Right of Way Determination (by Mtn2Coast) ............... 2 Work Element 3: Public Involvement ........................................................................ 3 Work Element 4: Feasibility and Alternatives Analysis .............................................. 4 Work Element 5: Structural Engineering (by Sargent Engineers) ............................... 5 Work Element 6: Conceptual Designs for Feasibility Analysis .................................... 6 Work Element 7: Multimodal Feasibility and Alternatives Analysis (by MacLeod Reckord) ........................................................................................ 7 Management Reserve Fund ......................................................................................... 8 Additional Services ..................................................................................................... 9 Attachment A: Survey Limits Exhibit City of Bremerton Warren Avenue Bridge Pedestrian Improvements June 30, 2021 Page 1 of 9 8730 Tallon Lane NE, Suite 200  Lacey, WA 98516  Office 360.352.1465  Fax 360.352.1509  www.scjalliance.com Work Element 1: Project Management This Work Element includes tasks to plan, manage, and administer the work; attend project meetings; and coordinate with subconsultants. Task 1 Management Task 1.1 Management: Manage the project by directing and supervising staff and reviewing work for the duration of the project. This management is for the overall work rather than specific tasks. Task 1.2 Schedule and Budget: Develop a critical path project schedule to match the scope of work. Identify task durations, predecessors, City reviews, deliverables, and milestones. Review and update the schedule on a monthly basis. Monitor earned value and actual costs on a biweekly basis. Provide monthly billing statements to the City including overall budget and schedule confirmation and review for each progress billing period. Task 2 Contract Administration Task 2.1 Progress Billings: Prepare a monthly progress invoice with a summary of work performed. Invoices will show staff hours for each Work Element (i.e., Work Element 1: Project Management). Task 2.2 Filing: Develop a project filing system and maintain project files in one centralized location. Periodically purge draft and redundant documents. Task 2.3 Subconsultant Administration: Execute and administer subconsultant contracts. Review and approve monthly invoices. Task 3 Subconsultant Coordination Task 3.1 Coordination with subconsultants for scheduling, exchanging files, and additional coordination as needed. Task 4 Project Coordination Meetings Task 4.1 Bi-weekly (every other week) progress meetings with City and SCJ project managers. Assume one (1) Consultant staff member for twelve (12) virtual meetings. Understanding  Project management for the feasibility analysis will be provided over a 6-month timeframe. Extension of the project timeframe will require a contract amendment.  Progress billings will be submitted monthly to the City.  Budget for peer checks for quality control is included within budget for specific work elements. Deliverables  Biweekly Progress Report submitted via email in PDF format. Assume thirteen (13).  Monthly Progress billings submitted via email in PDF format. Assume six (6).  MS Project baseline schedule submitted via email in PDF format. City of Bremerton Warren Avenue Bridge Pedestrian Improvements June 30, 2021 Page 2 of 9 8730 Tallon Lane NE, Suite 200  Lacey, WA 98516  Office 360.352.1465  Fax 360.352.1509  www.scjalliance.com Work Element 2: Survey and Right of Way Determination (by Mtn2Coast) The purpose of this Work Element is to provide topographic survey and right of way determination. Task 1 Topographic Survey Complete a topographic survey of the site as shown on the attached Survey Limits Exhibit. The topographic survey will include the following:  One-foot contours with tops, toes, grade breaks, lip of gutter and flow line.  All other visible improvements such as pavement markings, curbs, mailboxes, light poles, signal equipment, signs, buildings, etc.  Utility structures, handholes, and markings.  Hard surfaces such as concrete, pavement and gravel.  Trees 6” and larger diameter (dbh) with diameter and species measured. Hire and coordinate a utility locator service to paint the buried conductible franchise utilities. The City will complete field location of all water, sewer, and storm drainage utilities. Field map the utilities paint marks. Open and measure utility structures and measure pipe sizes, types, and invert elevations of storm drainage structures only. The Survey will be completed on the Washington State Plane Coordinate System and NAVD 88 vertical datum. WSDOT monuments will be noted. Deliverables  ROW and Topographic Survey Map in pdf form  Electronic drawing file in AutoCAD format including survey points, 2D linework, existing grade surface, and right of way. Assumptions  Boundary survey including right of way determination is not included in this scope of work. Right of way lines from Kitsap County GIS will be utilized for this feasibility analysis. Right of way determination may be added with a future contract amendment.  Traffic control for structure invert measurement is not included. If required to safely complete the work, traffic control will require an amendment to this scope of work. City of Bremerton Warren Avenue Bridge Pedestrian Improvements June 30, 2021 Page 3 of 9 8730 Tallon Lane NE, Suite 200  Lacey, WA 98516  Office 360.352.1465  Fax 360.352.1509  www.scjalliance.com Work Element 3: Public Involvement Public outreach will be conducted to inform the alternatives analysis and develop a preferred alternative. Public involvement during the Final Design stage of the project will be scoped at a later date. Task 1 Interactive Project Website Task 1.1 Interactive Project Website: Design, host, and manage a project website for the duration of the contract, posting relevant project information, upcoming events, links to helpful information, a project calendar, meeting materials and results, a photo gallery, and construction schedule. Website maintenance shall occur on a monthly basis and include updated project information. Understanding  Website domain will be registered for one (1) year, with options to extend as needed.  Maintenance will occur through the duration of this contract, as outlined in Work Element 1. Task 2 Stakeholder Meetings for Feasibility Analysis Task 2.1 Develop and Maintain Stakeholder List: Prepare project stakeholder contact list to include City contacts, City leadership, agency staff, and tribes. Prepare and maintain a Communication Log which will include documentation of emails, written correspondence, and telephone conversations with stakeholders. Task 2.2 Stakeholder Interviews: Conduct scripted virtual interviews with up to four (4) project stakeholders to gather context, vision and focus areas for project. Input derived from this task will inform the public visioning meeting. Assume two (2) Consultant staff for each meeting. Task 2.3 Stakeholder Survey: Prepare a web-based survey for targeted distribution to project stakeholders. The City will provide the distribution list prior to preparation of the survey. In the event that stakeholders prefer to participate in an interview format, the City will be primary point of contact for any additional outreach. Provide a summary of survey responses. Task 2.4 Stakeholder Alternative Review Meeting: Coordinate and attend one (1) stakeholder alternative virtual review meeting to discuss concepts developed in Work Element 4, Task 2. Assume two (2) Consultant staff for one (1) virtual meeting. This will likely occur as part of a Complete Streets Committee meeting. Task 2.5 Stakeholder Preferred Alternative Meeting: Coordinate and attend one (1) stakeholder preferred alternative virtual review meeting to discuss screening of alternatives per Work Element 4, Task 3. Assume two (2) Consultant staff for one (1) meeting. This meeting will conclude with identification of a preferred alternative. This will likely occur as part of a Complete Streets Committee meeting. City of Bremerton Warren Avenue Bridge Pedestrian Improvements June 30, 2021 Page 4 of 9 8730 Tallon Lane NE, Suite 200  Lacey, WA 98516  Office 360.352.1465  Fax 360.352.1509  www.scjalliance.com Task 3 Public Meetings for Feasibility Analysis Task 3.1 Public Alternative Review Meeting and Online Open House: Coordinate and attend a virtual public meeting to discuss the alternatives which have passed the stakeholder review and screening process per Work Element 4, Task 3.1. Assume two (2) Consultant staff for one (1) meeting. Public meeting resources will be posted on the City website, and any email feedback will be directed to the City. Task 3.2 Public Preferred Alternative Presentation: Coordinate and attend one (1) virtual public meeting to present the recommended alternative per Work Element 4, Task 4.1. Assume two (2) Consultant staff for one (1) meeting. Task 4 Council Briefings Task 4.1 Council Briefings: Attend and present at up to two (2) virtual briefings to the City Council summarizing the feasibility analysis progress, findings, and results from the stakeholder and public meetings. Briefings are anticipated to occur as one (1) Council meetings (one study session or one regular meeting) and one (1) public works committee meeting. Assume two (2) Consultant staff for two (2) meetings. Understanding  Meetings will be held virtually via web conferencing  The City will provide a summary of previous conversations with potential stakeholders including their contact information.  Following completion of the feasibility analysis, an amendment to this scope of work will be prepared to include public outreach during final design of the preferred alternative. Deliverables  Stakeholder interview minutes in PDF via email.  Stakeholder web based survey and summary of responses.  Stakeholder and Public Meeting materials in PDF via email and printed/mounted on foam board for in- person events. Work Element 4: Feasibility and Alternatives Analysis Task 1 Project Background Task 1.1 Existing Documentation Review: Review existing project related documentation and prepare a summary of actions taken to date. Task 1.2 Develop Goals & Objectives: Summarize stakeholder interview input to establish the project’s goals, objectives, values, and desired function(s). City of Bremerton Warren Avenue Bridge Pedestrian Improvements June 30, 2021 Page 5 of 9 8730 Tallon Lane NE, Suite 200  Lacey, WA 98516  Office 360.352.1465  Fax 360.352.1509  www.scjalliance.com Task 2 Prepare Alternatives Task 2.1 Develop Alternatives: Based on project background information, develop up to four (4) project alternatives for the bridge crossing and associated off structure improvements. Provide a written description of each alternative. A conceptual sketch and cross section for each alternative will be developed (see Work Element 6) for the on-structure bridge improvements to assist with the structural feasibility evaluation. Task 2.2 Alternative Detailed Descriptions: Prepare detailed descriptions for each alternative for the following criteria, and up to four (4) additional criteria developed during the stakeholder baseline interviews. The evaluation will discuss positive and negative attributes of the alternative as related to the criteria. A numerical weighting system will not be developed. Potential criteria include:  Safety  Environmental impacts/permitting  Connectivity/Multimodal considerations  Construction Impacts/Constructability  Maintenance  Placemaking/Urban Design opportunities Task 3 Screening of Alternatives Task 3.1 Screening of Alternatives: Based on stakeholder input during the Stakeholder Alternative Review Meeting, provide a summary of the stakeholder inputs and impacts of proposed alternatives. Revise alternative detailing as required. Task 4 Determine Recommended Alternative Task 4.1 Recommended Alternative: Based on public and stakeholder input per Work Element 3, Tasks 2.4 and 3.1, provide a summary of the stakeholder and public inputs and determine the alternative the best represents the projects goals, objectives, and stakeholder and public input. Work Element 5: Structural Engineering (by Sargent Engineers) The purpose of this Work Element is to provide feasibility and alternatives analysis, and public outreach associated with selecting a preferred alternative for the shared use path across the Warren Avenue Bridge. Task 1 Site Reconnaissance and Data Collection Consultant staff will visit the site to collect information regarding existing/adjacent structures, utilities, and other site features that may impact the project. The project survey will be imported and used as a base map for the project. City of Bremerton Warren Avenue Bridge Pedestrian Improvements June 30, 2021 Page 6 of 9 8730 Tallon Lane NE, Suite 200  Lacey, WA 98516  Office 360.352.1465  Fax 360.352.1509  www.scjalliance.com Task 2 Feasibility & Alternative Analysis The Consultant will prepare conceptual framing designs to support up to four (4) alternatives for bridge structure improvements. The bridge improvement concepts will be evaluated to determine if seismic retrofit or live load rating reduction thresholds will be exceeded. Conceptual structural cross sections will be prepared showing how the concepts would be configured across the three different span types of the Warren Avenue Bridge (concrete T-beam, concrete box girder, and steel plate girder). The Consultant will also determine options for the retaining wall types to support the roadway improvement alternatives. Planning level cost estimates for the bridge improvements and retaining walls will be developed, and the results of the structural feasibility study will be summarized in a brief technical memo. Deliverables:  Structural feasibility memo, structural cross sections, and planning level construction cost estimates for the bridge improvements and retaining walls in PDF. A draft memo will be submitted for review, and will be finalized to address any review comments. Task 3 Public Involvement Task 4.1 Public Meetings for Feasibility Analysis: Attend virtual public alternative review meeting and preferred alternative meeting to provide expertise related to multimodal considerations for each alternative. Assume one (1) Consultant staff for up to two (2) meetings. Task 4.2 Council Briefings for Feasibility Analysis: Attend and present at up to two (2) virtual briefings to the City Council summarizing the feasibility analysis progress, findings, and results from the stakeholder and public meetings. Briefings are anticipated to occur as one (1) Council meetings (one study session or one regular meeting) and one (1) public works committee meeting. Assume one (1) Consultant staff for two (2) meetings. Understanding  Meetings will be held virtually via web conferencing Work Element 6: Conceptual Designs for Feasibility Analysis This Work Element will include preparation of up to four (4) conceptual design scroll plots/exhibits and costs estimations. Senior level QA/QC will be provided for all documents prior to submitting to the City. Task 1 Data Collection Task 1.1 Data Collection: Gather and review available background data and as-builts from the City. Gather and review system maps from dry utility providers (power and communication). Task 1.2 Site Photographs and Survey Verification: provide photo documentation of existing conditions. Walk the site to confirm survey based on utility maps. Coordinate mapping discrepancies with the Surveyor, City, and/or Utility providers. City of Bremerton Warren Avenue Bridge Pedestrian Improvements June 30, 2021 Page 7 of 9 8730 Tallon Lane NE, Suite 200  Lacey, WA 98516  Office 360.352.1465  Fax 360.352.1509  www.scjalliance.com Task 1.3 Drone Photographs: Site visit by SCJ licensed drone pilot. Drone photography of bridge and park areas to be used for before/after images and 3D renderings. Drone photographs will not be used for topographic survey purposes. Task 2 Roadway Conceptual Design Task 2.1 Horizontal Layout • Develop 2-dimensional conceptual roadway and shared use path layout for up to four (4) alternative layouts. Show travel lanes, turn lanes, shoulders, curb/gutter, planter, shared use path, sidewalks, and driveways. Curb returns at side streets will match existing street width for side streets. • Develop up to four (4) typical sections. Vertical location of improvements will not be specified, however anticipated wall locations will be included. Task 2.2 Conceptual Design Technical Memorandum: Prepare a conceptual design technical memorandum for the alternatives, describing the roadway design including standards used to layout the geometrics. Task 2.3 Conceptual Design Cost Estimate: Develop quantities based on the preliminary layouts from Task 2.1. Assign unit costs for quantified items and assign lump sum costs to other items based on professional judgment. Prepare combined cost estimate including bridge construction estimates prepared in Work Element 5, Task 3. Understandings  Warren Avenue (SR 303) is a Urban Other Principal Arterial per WSDOT Functional Class. Deliverables  Four (4) Conceptual Design scroll plots  Conceptual Design technical memorandum  Four (4) Conceptual Design cost estimates Work Element 7: Multimodal Feasibility and Alternatives Analysis (by MacLeod Reckord) This Work Element will provide consulting for multimodal considerations as part the project feasibility and alternative analysis. Task 1 Public Involvement Task 1.1 Stakeholder Meetings for Feasibility Analysis: Attend stakeholder interviews, alternative review meeting, and preferred alternative meeting to provide expertise related to multimodal considerations for each alternative. Assume one (1) Consultant staff for up to four (4) meetings. Task 1.2 Public Meetings for Feasibility Analysis: Attend public alternative review meeting and preferred alternative meeting to provide expertise related to multimodal considerations for each alternative. Assume one (1) Consultant staff for up to two (2) meetings. City of Bremerton Warren Avenue Bridge Pedestrian Improvements June 30, 2021 Page 8 of 9 8730 Tallon Lane NE, Suite 200  Lacey, WA 98516  Office 360.352.1465  Fax 360.352.1509  www.scjalliance.com Task 1.3 Council Briefings for Feasibility Analysis: Attend and present at up to two (2) briefings to the City Council summarizing the feasibility analysis progress, findings, and results from the stakeholder and public meetings. Briefings are anticipated to occur as one (1) Council meetings (one study session or one regular meeting) and one (1) public works committee meeting. Assume one (1) Consultant staff for two (2) meetings. Understanding  Meetings will be virtually via web conferencing. Task 2 Alternatives Analysis Task 2.1 Review Alternatives: Provide subject matter expert review of up to four (4) project alternatives for multimodal facilities associated with the bridge crossing and off structure improvements. Alternatives will be developed as part of Work Element 4. Deliverables:  Up to three (3) sets of review comments. Management Reserve Fund Funding provided for additional, out of scope services requested of the Consultant by the City. Prior to utilization of these funds, the Consultant shall receive a written authorization from the City. This fund is budgeted at 10% of the contract subtotal. City of Bremerton Warren Avenue Bridge Pedestrian Improvements June 30, 2021 Page 9 of 9 8730 Tallon Lane NE, Suite 200  Lacey, WA 98516  Office 360.352.1465  Fax 360.352.1509  www.scjalliance.com Additional Services The City may require additional services of the Consultant. The scope of those services will be determined based on unanticipated project needs or other considerations at the sole discretion of the City. This work may include items identified in the current task authorizations as well other items, which may include, but are not necessarily limited to the following:  Preliminary (30%) and Final Design (60%, 90%, 100%, BID documents)  Right of way determination  Public Involvement during Preliminary and Final Design  Environmental Permitting and Documentation  Cultural Resources Evaluation and Permitting  Geotechnical Engineering  Coordination with WSDOT  Design of temporary utility modifications during construction  Construction Administration and Inspection  As-Built Drawings  Irrigation System Design  Right of Way acquisition documentation and negotiations These services will be authorized under a future contract amendment if necessary. At the time these services are required, the Consultant shall provide a detailed scope of work and estimate of costs. The Consultant shall not proceed with the work until the City has authorized the work and issued a notice to proceed. END OF SCOPE OF SERVICE Attachment A Survey Limits Exhibit Warren Avenue Bridge Pedestrian Improvements Topographic Survey Limits ID Task Name Duration Start Finish 1 Notice to Proceed 0 days Mon 7/12/21 Mon 7/12/21 2 Project Management 6 mons Mon 7/12/21 Fri 12/24/21 3 Topographic Survey 3 wks Mon 7/26/21 Fri 8/13/21 4 Public Involvement 4 mons Mon 8/9/21 Fri 11/26/21 5 Feasibility & Alternatives Analysis 6 mons Mon 7/12/21 Fri 12/24/21 6 Structural Engineering 6 mons Mon 7/12/21 Fri 12/24/21 7 Conceptual Design 4 mons Mon 8/9/21 Fri 11/26/21 8 Multimodal Feasibility 4 mons Mon 8/9/21 Fri 11/26/21 7/12Jul Aug Sep Oct Nov Dec Qtr 3, 2021 Qtr 4, 2021 Page 1 City of Bremerton Warren Avenue Bridge Pedestrian Improvements - Feasibility Analysis Project ScheduleDate: Mon 6/21/21 EXHIBIT B Exhibit C Consultant Labor Hour Estimate SCJ Alliance Client:City of Bremerton Project:Warren Avenue Bridge Pedestrian Improvements Job #:P4416.01 Work Element & Task No.Principal Project Manager Project Engineer II Project Engineer I Design Engineer Senior Designer Senior Project Manager Project Engineer II Senior Consultant Principal Planner Planner Graphic Designer Project Coordinator II Project Accountant Total Labor Hours Total Cost $204.98 $157.24 $151.63 $123.55 $117.93 $115.12 $210.59 $126.36 $230.25 $176.90 $103.89 $92.66 $101.08 $81.43 WORK ELEMENT 01 Task 01 1 6.0 24.0 30.0 5,003.68$ 2 8.0 8.0 1,257.94$ Subtotal Hours: 6.0 32.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 38.0 Task 02 1 3.0 6.0 24.0 33.0 3,512.68$ 2 8.0 12.0 20.0 2,470.95$ 3 12.0 30.0 42.0 4,919.44$ Subtotal Hours: 3.0 26.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 42.0 24.0 95.0 Task 03 1 24.0 8.0 8.0 40.0 5,638.26$ Subtotal Hours: 0.0 24.0 0.0 0.0 8.0 8.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 40.0 Task 04 1 18.0 18.0 2,830.36$ Subtotal Hours: 0.0 18.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 18.0 Total Work Element Hours: 9.0 100.0 0.0 0.0 8.0 8.0 0.0 0.0 0.0 0.0 0.0 0.0 42.0 24.0 191.0 Total Work Element Labor:25,633.32$ WORK ELEMENT 02 WORK ELEMENT 03 Task 01 1 8.0 8.0 64.0 80.0 9,322.23$ -$ Task 02 1 16.0 16.0 2,515.88$ 2 12.0 12.0 24.0 4,009.68$ 3 20.0 12.0 32.0 5,267.62$ 4 4.0 4.0 8.0 1,336.56$ 5 4.0 4.0 8.0 1,336.56$ Subtotal Hours: 0.0 56.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 32.0 0.0 0.0 0.0 0.0 88.0 Interactive Project Website Interactive Project Website Stakeholder Preferred Alternative Meeting Stakeholder Alternative Review Meeting Subconsultant Coordination Coordination with subconsultants See Subconsultants Survey and Right of Way Determination (by Mtn2Coast) Public Involvement Stakeholder Meetings for Feasibility Analysis Develop and Maintain Stakeholder List Stakeholder Interviews Progress Meetings Bi-Weekly Progress Meetings Stakeholder Survey Contract Administration Progress Billings (assume 6) Filing Subconsultant Administration Work Element & Task Title Management Management Schedule and Budget Project Management (6 Months) 1 of 7 6/30/2021 Exhibit C Consultant Labor Hour Estimate SCJ Alliance Client:City of Bremerton Project:Warren Avenue Bridge Pedestrian Improvements Job #:P4416.01 Work Element & Task No.Principal Project Manager Project Engineer II Project Engineer I Design Engineer Senior Designer Senior Project Manager Project Engineer II Senior Consultant Principal Planner Planner Graphic Designer Project Coordinator II Project Accountant Total Labor Hours Total Cost $204.98 $157.24 $151.63 $123.55 $117.93 $115.12 $210.59 $126.36 $230.25 $176.90 $103.89 $92.66 $101.08 $81.43 Work Element & Task Title Task 03 1 4.0 4.0 12.0 4.0 24.0 2,953.91$ 2 4.0 4.0 8.0 4.0 20.0 2,538.34$ Subtotal Hours: 0.0 8.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 8.0 20.0 8.0 0.0 0.0 44.0 Task 04 1 12.0 12.0 24.0 4,009.68$ Subtotal Hours: 0.0 12.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 12.0 0.0 0.0 0.0 0.0 24.0 Total Work Element Hours: 0.0 84.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 60.0 84.0 8.0 0.0 0.0 236.0 Total Work Element Labor:33,290.46$ WORK ELEMENT 04 Task 01 1 4.0 4.0 4.0 12.0 1,594.89$ 2 2.0 4.0 4.0 10.0 1,533.11$ Subtotal Hours: 2.0 8.0 0.0 8.0 4.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 22.0 Task 02 1 8.0 8.0 8.0 24.0 3,189.77$ 2 4.0 8.0 32.0 24.0 8.0 8.0 84.0 12,388.45$ Subtotal Hours: 4.0 16.0 0.0 40.0 32.0 0.0 8.0 0.0 8.0 0.0 0.0 0.0 0.0 0.0 108.0 Task 03 1 2.0 8.0 12.0 8.0 4.0 4.0 38.0 5,857.28$ Subtotal Hours: 2.0 8.0 0.0 12.0 8.0 0.0 4.0 0.0 4.0 0.0 0.0 0.0 0.0 0.0 38.0 Task 04 1 2.0 8.0 8.0 4.0 4.0 26.0 4,419.63$ Subtotal Hours: 2.0 8.0 0.0 8.0 0.0 0.0 4.0 0.0 4.0 0.0 0.0 0.0 0.0 0.0 26.0 Total Work Element Hours: 10.0 40.0 0.0 68.0 44.0 0.0 16.0 0.0 16.0 0.0 0.0 0.0 0.0 0.0 194.0 Total Work Element Labor:28,983.14$ WORK ELEMENT 05 Alternative Detailed Descriptions Screening of Alternatives Screening of Alternatives Determine Recommended Alternative Recommended Alternative Structrual Engineering (by Sargent Engineers) See Subconsultants Develop Alternatives Public Meetings for Feasibility Analysis Public Alternative Review Meeting and Online Open House Public Preferred Alternative Presentation Council Briefings Council Briefings Feasibility and Alternatives Analysis Project Background Existing Documentation Review Develop Goals & Objectives Prepare Alternatives 2 of 7 6/30/2021 Exhibit C Consultant Labor Hour Estimate SCJ Alliance Client:City of Bremerton Project:Warren Avenue Bridge Pedestrian Improvements Job #:P4416.01 Work Element & Task No.Principal Project Manager Project Engineer II Project Engineer I Design Engineer Senior Designer Senior Project Manager Project Engineer II Senior Consultant Principal Planner Planner Graphic Designer Project Coordinator II Project Accountant Total Labor Hours Total Cost $204.98 $157.24 $151.63 $123.55 $117.93 $115.12 $210.59 $126.36 $230.25 $176.90 $103.89 $92.66 $101.08 $81.43 Work Element & Task Title WORK ELEMENT 06 Task 01 1 8.0 12.0 20.0 2,673.12$ 2 8.0 20.0 28.0 3,616.58$ 3 6.0 12.0 18.0 2,055.38$ Subtotal Hours: 0.0 22.0 0.0 0.0 32.0 0.0 0.0 0.0 0.0 0.0 0.0 12.0 0.0 0.0 66.0 Task 02 1 4.0 24.0 24.0 96.0 32.0 24.0 204.0 26,270.71$ 2 2.0 24.0 16.0 42.0 6,070.68$ 3 2.0 8.0 16.0 26.0 3,554.80$ Subtotal Hours: 8.0 56.0 24.0 0.0 128.0 32.0 0.0 24.0 0.0 0.0 0.0 0.0 0.0 0.0 272.0 Total Work Element Hours: 8.0 78.0 24.0 0.0 160.0 32.0 0.0 24.0 0.0 0.0 0.0 12.0 0.0 0.0 338.0 Total Work Element Labor:44,241.27$ WORK ELEMENT 07 Total Hours All Work Elements 27.0 302.0 24.0 68.0 212.0 40.0 16.0 24.0 16.0 60.0 84.0 20.0 42.0 24.0 959.0 Total Labor Estimate All Work Elements 132,148.20$ Indirect Costs Subconsultants: Mtn2Coast 34,170.11$ Sargent Engineers 59,487.51$ MacLeod Reckord 5,890.16$ Subconsultant Total 99,547.78$ Reimburseable Expenses: Mileage 300 miles @ $0.56 per mile 168.00$ Project Website Domain Registration 350.00$ Expenses Total:518.00$ Total Indirect Costs:100,065.78$ Subtotal 232,213.98$ Management Reserve (10%):23,221.40$ Total: 255,435.38$ Horizontal Layouts (assume 4 layouts) Conceputal Design Technical Memorandum Multimodal Feasibility and Alternatives Analysis (by MacLeod Reckord) 10% Cost Estimates (assume 4 estimates) See Subconsultants Data Collection Conceptual Designs for Feasibility Analysis Data Collection Site Photographs and Survey Verification Drone Photographs Roadway Conceptual Design 3 of 7 6/30/2021 Exhibit C SubConsultant Labor Hour Estimate MTN2COAST, LLC Client:City of Bremerton Project:Warren Avenue Bridge Pedestrian Improvements Job #:P4416.01 Work Element & Task No. Senior Surveyor Surveyor -LSIT Senior Survey Technician Survey Technician Jr Survey Technician Total Labor Hours Total Cost $118.11 $98.44 $78.74 $57.33 $45.04 WORK ELEMENT 02 Task 01 1 20.0 40.0 80.0 192.0 112.0 444.0 28,650.91$ Subtotal Hours: 20.0 40.0 80.0 192.0 112.0 444.0 Total Hours All Work Elements 20.0 40.0 80.0 192.0 112.0 444.0 Total Labor Estimate All Work Elements 28,650.91$ Reimburseable Expenses: Mileage 1820 miles @ $0.56 per mile 1,019.20$ Locator Service 2,400.00$ Scanner Rental 2,100.00$ Expenses Total:5,519.20$ Total: 34,170.11$ Work Element & Task Title Topographic Survey Topographic Survey Survey and Right of Way Determination (by Mtn2Coast) 4 of 7 6/30/2021 Exhibit C SubConsultant Labor Hour Estimate Sargent Engineers Client:City of Bremerton Project:Warren Avenue Bridge Pedestrian Improvements Job #:P4416.01 Work Element & Task No.Principal Sen. Project Engineer Project Engineer Design Engineer Total Labor Hours Total Cost $171.54 $134.79 $124.06 $87.30 WORK ELEMENT 05 Task 02 1 8.0 8.0 16.0 2,450.64$ 2 16.0 16.0 32.0 4,901.28$ Subtotal Hours: 24.0 24.0 0.0 0.0 48.0 7,351.92$ Task 03 1 8.0 8.0 16.0 2,450.64$ 2 60.0 120.0 180.0 26,466.91$ 3 8.0 8.0 16.0 2,450.64$ 4 8.0 8.0 16.0 2,450.64$ 5 16.0 16.0 32.0 4,901.28$ 6 20.0 32.0 52.0 7,744.02$ 7 8.0 16.0 24.0 3,528.92$ Subtotal Hours: 128.0 208.0 0.0 0.0 336.0 49,993.06$ Task 04 1 6.0 6.0 1,029.27$ 2 6.0 6.0 1,029.27$ Subtotal Hours: 12.0 0.0 0.0 0.0 12.0 2,058.54$ Total Hours All Work Elements 164.0 232.0 0.0 0.0 396.0 Total Labor Estimate All Work Elements 59,403.51$ Reimburseable Expenses: Mileage 150 miles @ $0.56/mile 84.00$ Expenses Total:84.00$ Total: 59,487.51$ Work Element & Task Title Structrual Engineering (by Sargent Engineers) Site Reconnaissance & Data Collection Site Visit Data Review Framing Concepts (3 span types, 4 alternatives) Bridge Load Rating Effects Determination Council Briefings for Feasibility Analysis Cost Estimates Public Meetings for Feasibility Analysis Feasibility & Alternative Analysis Barrier/Railing Options Bridge Seismic Effects Determination Public Involvement Feasibility Memo Bridge Cross-sections 5 of 7 6/30/2021 Exhibit C SubConsultant Labor Hour Estimate MacLeod Reckord Client:City of Bremerton Project:Warren Avenue Bridge Pedestrian Improvements Job #:P4416.01 Work Element & Task No.PR 1 Assoc. LD 1 Admin 1 Admin 4 Senior Advisor Total Labor Hours Total Cost $151.97 $121.57 $109.41 $97.26 $91.18 $151.97 WORK ELEMENT 07 Task 01 1 1.0 12.0 13.0 1,610.83$ 2 Public Meetings for Feasibility Analysis 1.0 8.0 9.0 1,124.54$ 3 1.0 8.0 9.0 1,124.54$ Subtotal Hours: 3.0 28.0 0.0 0.0 31.0 Task 02 1 6.0 6.0 4.0 16.0 2,030.25$ Subtotal Hours: 6.0 6.0 0.0 4.0 0.0 0.0 16.0 Total Hours All Work Elements 9.0 34.0 0.0 4.0 0.0 0.0 47.0 Total Labor Estimate All Work Elements 5,890.16$ Reimburseable Expenses: Mileage Expenses Total:-$ Total: 5,890.16$ Review Alternatives Alternatives Analysis Work Element & Task Title Multimodal Feasibility and Alternatives Analysis (by MacLeod Reckord) Public Involvement Stakeholder Meetings for Feasibility Analysis Council Briefings for Feasibility Analysis 6 of 7 6/30/2021 Exhibit C Consultant Rate Determination Client:City of Bremerton Project:Warren Avenue Bridge Pedestrian Improvements Job #:P4416.01 Note: Consultant rate determinations are prepared using WSDOT approved overhead rate and negotiated profit amounts. Billing will be prepared using the specified billing rate for each job classification. SCJ Alliance Principal Project Manager Project Engineer II Project Engineer I Design Engineer Senior Designer Senior Project Manager Project Engineer II Senior Consultant Principal Planner Planner Graphic Designer Project Coordinator II Project Accountant Direct Rate 73.00$ 56.00$ 54.00$ 44.00$ 42.00$ 41.00$ 75.00$ 45.00$ 82.00$ 63.00$ 37.00$ 33.00$ 36.00$ 29.00$ WSDOT OH Rate 151.79% 110.81$ 85.00$ 81.97$ 66.79$ 63.75$ 62.23$ 113.84$ 68.31$ 124.47$ 95.63$ 56.16$ 50.09$ 54.64$ 44.02$ Negotiated Profit 29.00% 21.17$ 16.24$ 15.66$ 12.76$ 12.18$ 11.89$ 21.75$ 13.05$ 23.78$ 18.27$ 10.73$ 9.57$ 10.44$ 8.41$ Billing Rate 204.98$ 157.24$ 151.63$ 123.55$ 117.93$ 115.12$ 210.59$ 126.36$ 230.25$ 176.90$ 103.89$ 92.66$ 101.08$ 81.43$ MTN2COAST, LLC Senior Surveyor Surveyor - LSIT Senior Survey Technician Survey Technician Jr Survey Technician Direct Rate 57.69$ 48.08$ 38.46$ 28.00$ 22.00$ WSDOT OH Rate 75.74% 43.69$ 36.42$ 29.13$ 21.21$ 16.66$ Negotiated Profit 29.00% 16.73$ 13.94$ 11.15$ 8.12$ 6.38$ Billing Rate 118.11$ 98.44$ 78.74$ 57.33$ 45.04$ Sargent Engineers Principal Sen. Project Engineer Project Engineer Design Engineer Direct Rate 56.00$ 44.00$ 40.50$ 28.50$ WSDOT OH Rate 177.33% 99.30$ 78.03$ 71.82$ 50.54$ Negotiated Profit 29.00% 16.24$ 12.76$ 11.75$ 8.27$ Billing Rate 171.54$ 134.79$ 124.06$ 87.30$ MacLeod Reckord PR 1 Assoc. LD 1 Admin 1 Admin 4 Senior Advisor Direct Rate 50.00$ 40.00$ 36.00$ 32.00$ 30.00$ 50.00$ WSDOT OH Rate 174.93% 87.47$ 69.97$ 62.97$ 55.98$ 52.48$ 87.47$ Negotiated Profit 29.00% 14.50$ 11.60$ 10.44$ 9.28$ 8.70$ 14.50$ Billing Rate 151.97$ 121.57$ 109.41$ 97.26$ 91.18$ 151.97$ Classification Classification Classification Classification 7 of 7 6/30/2021 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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. 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 6/21/2021 License # 0C36861 25674 Shea, Carr & Jewell, Inc. dba: SCJ Alliance 8730 Tallon Lane NE, Suite 200 Lacey, WA 98516 19046 25658 20443 A 2,000,000 X X 680-3S28842A 6/15/2021 6/15/2022 1,000,000 10,000 2,000,000 4,000,000 4,000,000 1,000,000B BA-3S293103 6/15/2021 6/15/2022 3,000,000A CUP-3S296295 6/15/2021 6/15/2022 3,000,000 10,000 C UB-3S295329 6/15/2021 6/15/2022 1,000,000 N 1,000,000 1,000,000 D Prof/Pollution Liab AEH591920345 6/15/2021 Each Claim 5,000,000 D Prof/Pollution Liab AEH591920345 6/15/2021 6/15/2022 Aggregate 5,000,000 RE: SCJ project number 00-070205 Bremerton Warren Avenue Bridge Pedestrian Improvements City of Bremerton is Additional Insured with respect to the General Liability per forms attached. General Liability coverage is Primary and Non-Contributory per forms attached. Waiver of Subrogation applies to the General Liability per forms attached. City of Bremerton 345 6th Street, Suite 100 Bremerton, WA 98337-1891 SCJALLI-01 JSENESCALL Seattle-Alliant Insurance Services, Inc. 1420 Fifth Ave 15th Floor Seattle, WA 98101 Melanie Kelly Melanie.Kelly@alliant.com Travelers Property Casualty Company of America Travelers Casualty Insurance Company of Americ Travelers Indemnity Company Continental Casualty Company X 6/15/2022 X X X X X X X THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CG D3 81 09 15 © 2015 The Travelers Indemnity Company. All rights reserved. Includes the copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 2 1.The following is added to SECTION II – WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a.Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b.If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies, or in connection with premises owned by or rented to you. The person or organization does not qualify as an additional insured: c.With respect to the independent acts or omissions of such person or organization; or d.For "bodily injury", "property damage" or "personal injury" for which such person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: e.This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. f.This insurance does not apply to the rendering of or failure to render any "professional services". g.In the event that the Limits of Insurance of the Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the insurance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement does not increase the limits of insurance described in Section III – Limits Of Insurance. h.This insurance does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products- completed operations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that occurs before the end of the period of time for which the "written contract requiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2.The following is added to Paragraph 4.a. of SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the additional insured under this Coverage Part must apply on a primary basis or a primary and non-contributory basis, this insurance is primary to other insurance available to the additional insured which covers that person or organizations as a named insured for such loss, and we will not share with the other insurance, provided that: (1)The "bodily injury" or "property damage" for which coverage is sought occurs; and (2)The "personal injury" for which coverage is sought arises out of an offense committed; after you have signed that "written contract requiring insurance". But this insurance provided to the additional insured still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under any other insurance. COMMERCIAL GENERAL LIABILITY Page 2 of 2 CG D3 81 09 15© 2015 The Travelers Indemnity Company. All rights reserved. Includes the copyrighted material of Insurance Services Office, Inc., with its permission 3.The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, done under a "written contract requiring insurance" with that person or organization. We waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. 4.The following definition is added to the DEFINITIONS Section: "Written contract requiring insurance" means that part of any written contract under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a.After you have signed that written contract; b.While that part of the written contract is in effect; and c.Before the end of the policy period. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: July 28, 2021 Public Works Agreement with Sound Pacific, Inc. for Downtown Bremerton and Austin Drive Complete Streets Project COUNCIL MEETING Date: August 4, 2021 Department: PW & Utilities Presenter: Shane Weber Phone: (360) 473-2354 SUMMARY: The City advertised the project and sealed bids were opened on July 14, 2021 and two (2) bids were received. Sound Pacific, Inc. is the lowest responsive, responsible bidder with a bid of $672,447.00, including sales tax. The project includes bicycle and pedestrian improvements on Washington, Burwell and Pacific Streets in downtown Bremerton and bike lane improvements on Austin Drive. ATTACHMENTS: 1) Project Overview; 2) Bid Tabulation; 3) Contract FISCAL IMPACTS (Include Budgeted Amount): This project is budgeted in the 2021 Transportation Capital Budget. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to award construction of the Downtown Bremerton and Austin Drive Complete Streets Project to Sound Pacific, Inc. in the amount of $672,447.00, including 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 A5 PLAN SCALE IN FEET 0 300 600 PLAN SCALE IN FEET 0 100 200 AUSTIN DRIVE N.A.D PARK KITSAP WAYSTATE ROUTE 3STA T E R O U T E 3 SNOQUALMIE PASS STHIGBEE RDJOHN D. "BUD" HAWK ELEMENTARY SCHOOL ER LAND S PO IN T RD NW WASHIN G T O N A V E PACIFIC A V E BREMERTON FERRY DOCK BURWELLST6TH ST4TH ST5TH ST2ND STDATE: June 7, 2021 FILE: PS2331896163_OVERVIEW CITY OF BREMERTON PROJECT OVERVIEWLEGEND: PROJECT LIMITS City of Bremerton 233-1896-178 Downtown Bicycle Pedestrian Circulation Improvements I-41 June 2021 Contract Documents Public Works Agreement PUBLIC WORKS AGREEMENT THIS AGREEMENT is entered into between the City of Bremerton, a Washington Municipal Corporation (“City”), and (“Contractor”), whose mailing address is . The parties agree as follows: 1. CONTRACTOR SERVICES. The Contractor shall perform the following services for the City: 2. TIME OF COMPLETION. Contractor shall complete the work within calendar days from the date of issuance of the City’s Notice to Proceed. For projects where Contractor requests to waive the PERFORMANCE BOND, AND CITY IS WILLING TO ACCEPT 10% RETAINAGE IN LIEU OF BOND, USE THE FOLLOWING LANGUAGE: 3. COMPENSATION. The City shall pay the Contractor the total amount of $_______________________, plus any applicable Washington State Sales Tax, for the work and services contemplated in this agreement. The City shall pay the Contractor ninety percent (90%) of the Contract amount upon completion and acceptance of the work by the City, and the remainder upon fulfillment of the conditions listed below and throughout this agreement. City of Bremerton 233-1896-178 Downtown Bicycle Pedestrian Circulation Improvements I-42 June 2021 Contract Documents Public Works Agreement A. No Performance Bond. Because this contract including applicable sales tax is $150,000 or less, and pursuant to Chapter 39.08 RCW, the Contractor, in lieu of providing the City a performance bond, has elected to have the City retain the final ten percent (10%) of the Contract amount for a period of thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor & Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. For projects where Contractor uses a PERFORMANCE BOND, USE THE FOLLOWING LANGUAGE: 3. COMPENSATION. The City shall pay the Contractor the total amount of $____________________________, plus any applicable Washington State Sales Tax, for the work and services contemplated in this agreement. The Contractor shall invoice the City monthly. The City will pay for the portion of the work described in the invoice that has been completed by the Contractor and approved by the City. The City payment shall not constitute a waiver of the City’s right to final inspection and acceptance of the project. A. Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor shall provide the City a performance bond for the full contract amount to be in effect until thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor and Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. For projects where the work involved is roadway, use the following language: 3. COMPENSATION. The City shall pay the Contractor the total amount of $___________________________________. Applicable Washington State Retail Sales Tax on this contract shall be governed by WAC 458-20-171 and its related rules for the work contemplated in this agreement. The Contractor shall invoice the City monthly. The City of Bremerton 233-1896-178 Downtown Bicycle Pedestrian Circulation Improvements I-43 June 2021 Contract Documents Public Works Agreement City will pay for the portion of the work described in the invoice that has been completed by the Contractor and approved by the City. The City payment shall not constitute a waiver of the City’s right to final inspection and acceptance of the project. A. Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor shall provide the City a performance bond for the full contract amount to be in effect until thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor and Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. [RETAINAGE: THIS ITEM IS NEGOTIABLE IF WE USE THE 90/10 PAYMENT (NO PERFORMANCE BOND) AND THE CONTRACT IS UNDER $35,000 (WAC 458-20-217[7]). FOR INSTANCE, IF THE PROJECT IS $12,000 AND WILL ONLY TAKE 3 DAYS AND HAS LITTLE RISK OF NON-COMPLETION, WE WOULD PROBABLY NOT KEEP 5% RETAINAGE, BECAUSE WE ARE STILL HOLDING 10% OF THE FINAL PAY ESTIMATE UNTIL WE RECEIVE THE L&I RELEASES.] B. Retainage. The City shall hold back a retainage in the amount of five percent (5%) of any and all payments made to contractor for a period of thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor & Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. C. Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this agreement; and extra work and materials furnished without the City’s written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City. “Additional costs” shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract City of Bremerton 233-1896-178 Downtown Bicycle Pedestrian Circulation Improvements I-44 June 2021 Contract Documents Public Works Agreement price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. D. Final Payment: Waiver of Claims. THE MAKING OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL PRECLUDE ALL CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. 4. INDEPENDENT CONTRACTOR. Contractor is and shall be at all times acting as an independent contractor and not as an employee of the City. The Contractor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state disability insurance compensation, unemployment compensation, and all other payroll deductions for the Contractor, officer, agents, employees and sub- contractors. The Contractor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Contractor's officers, agents, employees and sub-contractors. 5. TERMINATION. The City may terminate this agreement for good cause. “Good cause” shall include, without limitation, any one or more of the following events: A. The Contractor’s refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor’s failure to complete the work within the time specified in this agreement. C. The Contractor’s failure to make full and prompt payment to sub- contractors or for material or labor. City of Bremerton 233-1896-178 Downtown Bicycle Pedestrian Circulation Improvements I-45 June 2021 Contract Documents Public Works Agreement D. The Contractor’s persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor’s filing for bankruptcy or becoming adjudged bankrupt. If the City terminates this agreement for good cause, the Contractor shall not receive any further monies due under this agreement until the Contract work is completed. 6. PREVAILING WAGES. Contractor shall file a “Statement of Intent to Pay Prevailing Wages” with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. 7. CHANGES. The City may issue a written work change directive for any change in the Contract work during the performance of this agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the City’s project manager within two (2) business days of the date the Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor’s costs or time for performance, the City will ma ke an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving a written work change directive or change order from the City. If the Contractor fails to require a change order within the time allowed, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided below: A. Procedure and Protest by the Contractor. If the Contractor disagrees with anything required by a work change directive or change order, City of Bremerton 233-1896-178 Downtown Bicycle Pedestrian Circulation Improvements I-46 June 2021 Contract Documents Public Works Agreement including any direction, instruction, interpretation, or determination by the City, the Contractor shall: 1. Immediately give a signed written notice of protest to the City; 2. Supplement the written protest within fourteen (14) calendar days with a written statement that provides the following information: a. The date of the Contract’s protest. b. The nature and circumstances that caused the protest. c. The provisions in this agreement that support the protest. d. The estimated dollar cost, if any, of the protested work and how that estimate was determined. e. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. The Contractor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Contractor’s records needed for evaluating the protest. 3. The City will evaluate all protests, provided the procedures in this section are followed. If the City determines that a protest is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. City of Bremerton 233-1896-178 Downtown Bicycle Pedestrian Circulation Improvements I-47 June 2021 Contract Documents Public Works Agreement B. Contractor’s Duty to Complete Protested Work. In spite of any protest, the Contractor shall proceed promptly with the work as the City has ordered. C. Contractor’s Acceptance of Changes. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts form the City any written order (including directions, instructions, interpretations, and determination). 8. CLAIMS. The Contractor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims. Any claim for damages, additional payment for any reason, or extension of time, whether under this agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this agreement; or, if (and only if) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Contractor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Contractor’s written claim must include the information set forth regarding protests in Section 7.A.2.a.-e. City of Bremerton 233-1896-178 Downtown Bicycle Pedestrian Circulation Improvements I-48 June 2021 Contract Documents Public Works Agreement FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. Contractor must, in any event, file any claim or bring any suit arising from or connected with this agreement within 120 calendar days from the date the contract work is complete. 9. WARRANTY. The Contractor shall correct all defects in workmanship and materials within one year from the date of the City’s acceptance of the Contract work. When defects are corrected, the warranty for that portion of the work shall extend for one year form the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 10. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officer, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits including all legal costs and attorney fees, arising out of or in connection with the performance of this agreement, except for injuries and damages caused by the City’s sole negligence. The City’s inspection or acceptance of any of Contractor’s work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officials, employees, agents and volunteers, the Contractor’s liability hereunder shall be only to the extent of the Contractor’s negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE CONTRACTOR’S WAIVER OF IMMUNITY City of Bremerton 233-1896-178 Downtown Bicycle Pedestrian Circulation Improvements I-49 June 2021 Contract Documents Public Works Agreement UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSE OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this agreement. 11. INSURANCE. The Contractor shall procure and maintain for the duration of this agreement, insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Contract work by the Contractor, its agents, representatives, employees or sub-contractors. Before beginning the work on the project described in this agreement, the Contractor shall provide a Certificate of Insurance evidencing: A. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and B. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad from property damage; explosion, collapse and underground (XCU) if applicable; and C. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of the Contractor. City of Bremerton 233-1896-178 Downtown Bicycle Pedestrian Circulation Improvements I-50 June 2021 Contract Documents Public Works Agreement The City, its officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The Contractor’s insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City’s Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City reserves the right to receive a certified copy of all the required insurance policies. FOR PROJECTS IN EXCESS OF $10,000 USE THE FOLLOWING INSURANCE LANGUAGE: PUBLIC WORKS CONTRACTS: 11. INSURANCE. The Contractor shall procure and maintain for the duration of this agreement insurance of the types and in the amounts described below against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work by the Contractor, its agents, representative, employees, sub-consultants or sub-contractors. City of Bremerton 233-1896-178 Downtown Bicycle Pedestrian Circulation Improvements I-51 June 2021 Contract Documents Public Works Agreement Before beginning work on the project described in this agreement, the Contractor shall provide a Certificate of Insurance evidencing: A. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and B. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU); and C. Excess Liability insurance with limits not less than $1,000,000 per occurrence and aggregate; and D. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of the Contractor. The City, its officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The Contractor’s insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. City of Bremerton 233-1896-178 Downtown Bicycle Pedestrian Circulation Improvements I-52 June 2021 Contract Documents Public Works Agreement The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City’s Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City reserves the right to receive a certified copy of all the required insurance policies. 12. MISCELLANEOUS. A. Equal Employment Opportunity Statement. In the hiring of employees for the performance of work under this Agreement, the Contractor, its subcontractors, or any person acting on behalf of Contractor shall not discriminate in any employment practice on the basis of age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status, military status, or the presence of any physical, mental or sensory disability. B. ADA Statement. The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment and admission to participation in the programs, services and activities of the City of Bremerton. Reasonable accommodation for employees or applicants for employment will be provided. C. Compliance with Laws. Contractor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this agreement. City of Bremerton 233-1896-178 Downtown Bicycle Pedestrian Circulation Improvements I-53 June 2021 Contract Documents Public Works Agreement D. Work Performed at Contractor’s Risk. Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this agreement. All work shall be done at Contractor’s own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. E. Nonwaiver of Breach. The failure of the City to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect F. Governing Law. This agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and Contractor under any of the provisions of this agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. G. Attorney’s Fees. To the extent not inconsistent with RCW 39.04.240, in any claim or lawsuit for damages arising from the parties’ performance of this agreement, each party shall be responsible for payment of its own legal costs and attorney’s fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the City’s right to indemnification under Section 10 of this agreement. H. Written Notice. All communications regarding this agreement shall be sent to the parties at the addresses listed on the signature page of this agreement, unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated on this agreement. I. Assignment. Any assignment of this agreement by the Contractor without the written consent of the City shall be void. City of Bremerton 233-1896-178 Downtown Bicycle Pedestrian Circulation Improvements I-54 June 2021 Contract Documents Public Works Agreement J. Modification. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. K. Severability. If any one or more sections, sub-sections, or sentences of this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this agreement and the remainder shall remain in full force and effect. L. Entire Agreement. The written provisions and terms of this agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this agreement. This agreement and any attached Exhibits contain the entire agreement between the parties. Should any language in any Exhibit to this agreement conflict with any language contained in this agreement, the terms of this agreement shall prevail. IN WITNESS WHEREOF, the parties below have executed this agreement. CONTRACTOR THE CITY OF BREMERTON Print Name: Print Name: Title: Title: DATE DATE Notices to be sent to: Notices to be sent to: CONTRACTOR: CITY OF BREMERTON: 345 6th Street, Suite 100 Bremerton, WA 98337 (360) (360) (facsimile) City of Bremerton 233-1896-178 Downtown Bicycle Pedestrian Circulation Improvements I-55 June 2021 Contract Documents Public Works Agreement APPROVED AS TO FORM: Bremerton City Attorney ATTEST: Angela Hoover, City Clerk U:\PSO\Projects\Clients\1896-CityOfBremerton\233-1896-178 Austin Drive Bike Lane\02WBS\_BID SET\2021-06-25 BID SET PS&E\01-LegalDocs-2021-06-25.docx END OF AGREEMENT