The URL can be used to link to this page

03/09/2010 - Regular - PacketCITY OF PORT ORCHARD Mayor: Lary Coppola Councilmemhers: Fred Chang Chair: LTAC Tourism Committee Staff: Clerk's Office Jerry Childs Chair: `Tourism Committee Staff: Clerk's Office Finance Committee John ClausoD Chair: Finance Committee Staff: CityTreasurer Utilities/SAC Committee Kitsap County Health Jim Colebank Tourism Committee KRCC/PSRC/KEDA Fred Olin Chair: Public Property Committee Staff: Planning Department Utilities/SAC Committee Carolyn Powers Public Property Committee KRCC/TransPol Rob Putaansuu Chair: Utilities/SAC Committee Staff: Public Works Department Finance Kitsap Housing Authority Departiuent Directors: Patti Kirkpatrick Administrative Services City Clerk Allan Martin CityTreasurer Debbie Hunt Court Administrator James Weaver Development Director Al Townsend Police Chief Mark Dorsey, P.E, Public Works Director City Engineer Contact us: 216 Prospect Street Port Orchard, WA 98366 (360) 876-4407 City Council Meeting Agenda March 9, 201LO 7:00 P.m. EFFECTIVE Janitary 1, 2010, Meetings will ONLY be available for viewing on the City's Website it. CALL TO ORDER A. Pledge of Allegiance 2. CITIZENS COMMENTS Please limit your comments to 3 minutes for items not up for Public Hearing. When recognized by the Mayor, please state your name and address for the official record (please complete the sign -in sheet located in the hallway). 3. APPROVAL OF AGENDA 4. CONSENT AGENDA (Approval of Consent Agenda passes all routine items listed below, which have been distributed to each Councilrnember for reading and study. Consent Agenda items are not considered separately unless a CounciImember so requests. In the event of such a request, the item is returned to Business Items.) A. Approval of Claim Warrants, Payroll & Treasurer's check book B. Approval of the February 16, 2010, Work Study Session Minutes C. Approval of the February 19, 2010, Council Retreat Minutes D. Approval of the February 23, 2010, Council Meeting Minutes 5. PRESENTATION 6. PUBLIC HEARING 7. BUSINESS ITEMS A. Approval of Contract No. C015-1o, Authorizing the Mayor to Execute the Temporary Memorandum of Agreement with the Port of Bremerton for Waterfront Parking Allocation/Control (Dorsey) B. Approval of Supplemental No. 1 Amending Contract No. C071-09, with N.L. Olson and Associates, Inc. for the Design of the Bay Street Pedestrian Enhancement Project (Dorsey) C. Approval of Contract No. o16-1o, Ratifying the Mayor's Signature for Festival Foot Ferry Service with Kitsap Harbor Tours (Kirkpatrick) D. Discussion: Kit —Net Fiber Network Build -Out Letter Supporting ARRA Stimulus Grant (Kirkpatrick) S. REPORTS OF COUNCIL COMMITTEES 9. REPORT OF MAYOR Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required Meeting materials are available on time City's website at: ww,.v.cityofportorchard.us or by contacting the City Clerk's office, 360.876.4407 You may now view City Council Meetings from the City's website: www.cityofportorchard.us March 9, 2010, Meeting Agenda Page 1 of 2 10. REPORT OF DEPARTMENT DIRECTORS A. Update: Federal Transportation Projects (Dorsey) B. Update: Annexations (Weaver) ii. CITIZEN COMMENTS (Please limit your comments to 3 minutes for items not up for Public Hearing. When recognized by the Mayor, please state your name and address for the official record. It is asked that you do not speak on the same matter twice.) 12. EXECUTIVE SESSION: Pursuant to RCW 42.30.11o, the City Council may hold an executive session. The topic(s) and the session duration will be announced prior to the executive session. 13. ADJOURNMENT COMMITTEE MEETINGS Date & Time Location Finance Committee March 17, 2010 Myhre's 7:30 a.m. Tourism Committee March 10, 2010 City Hall 5:30 p.m. Utilities Committee March 11, 2010 Myhre's 7:30 a.m. Sewer Advisory Committee (SAC) March 10, 2010 S.K.W.R.F. 6:30 p.m. Public Property Committee March 9, 2010 Myhre's 7.30 a.m. Work Study Session March 16, 2010 City Hall 7:00 p.m. Please turnoff cell phones during meeting and hold your questions for staff until the meeting has been adjourned The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required Meeting materials are available on the City's website at: www.cityofpotorchard.us or by contacting the City Clerk's office, 360.876.4407 You may now view City Council Meetings from the City's website: www.cityofportorchard.us March 9, 2010, Meeting Agenda Page 2 M 00 N O 'b its 0 00 ti^ (� O v �a �� Oar• v) o U � � a L, p O co �P 0 U N a) bq �MCE •5'; bo T O p a)�° p 0 O O O cd N (3)Q) 0N0 0 o �n o° p N oro0 G ro o�a o Cd G N A° G` O U cd ' C) w„ O Y '' ^ 0 cd q rn -14 r, —, w p, a) U p *ti >, o 0 CO cHd 3 G r�-i w b J pq N° 3 o O Y co a .O aj ° U O LO 0 a+ b •� F" R+ a; >, o WD W cam) ' cA +'�' a '0 U m Cd id Z ro chi .. q o o C° p c. � 0biD -00-0 0' o �, o O o •.. O 0 m a22) U u Cdd w ,., U x° Q) a) 0 cHd a b U N P. co w Q a) O O 6 o w c`d. C pro 0 rz � RCS ~v 0 5 v ° U U U •gip b 3 U al 0.. O '�' Ov°)i o cU, q b G Z co E ° dNa�daa) 0� ,0"D°0oa, �a�^�o OWD PZ M o 00 � q bx cw o�0�Q) bipc•m)o b ° a ' o ;j °°o O0P+ ° M0cN O o P 0) dc a) 0 Ca 9 a) o o .HF 0 E pod y p C 0M � 10 Z,y LUcd°cdaO G OGL 9) O cd Q) U 'd i a) Q) 'd b0 O° UO a)^G� 0o c Z a°o , p G o o a cd 'rn • ,�a-i A-�aF' CO CL'd � 0d i"cd t-y o+ °ti �X a� W a) °o ocd N 0 rRi GNo Y °° 9abA U co lcd � r-' o r° Q) 04 ;-4rF+ O mb.° a) 0 gyp, �E m�'ate)° a caa°o ate` F 0d° ° ab aU OQ cz voia0 0 m o 0HQ cb 0�3m 'w" O 'd •d = O O t N w CO +' a) + a) O ^d a) + ,d C m b V•"d a) ..N. O M cd , `� .J O a) C 0 N aCi +J api C a o •.. cpi + ci o , b-O Cd a C 7 0 u w ;n o a� .0 ti c..C7 ""' N a) P, a) *' •� O a sN. a > d 0 U eu cd p n � C b y nw w d+ O. a � �aoa� o°'bAa�� ° za p •.0 `� � p c) .Lj '" cc!! 3 U +�+ C r p 4k +`�'+ � d F+ p p 3Id +, ++ U"d O +�+ •cd . F ., w '�j" •.^ ++ +J r, C) 0 O C CZ o a) �w C's Na �Qao ro °pC a°�a°Go a'W CU>CCbAG ° ++ [yc N cd bQ i' +x"+ U of 'd > bJ) Y U O C O > «f '—' 00 U ��bead a o�� C W�o�,ci ° *vp U p sp .NN. cO d d s d CO cz M' 7 �3,, p c. F' -'[d •s. , FO �O• 4. O v dd o°p aO G �ro ' .'d W a� j o�oo a y W ~ a ? �� U +� OC * 0 F� WOO ^OJ O •� a 0. y O O cd c aO Pa cd v,�C ' xO C a a q cd O d O o bU `�°Pa �, 0q' dp°)c- Es .o ) Cj ow O ��°aG bcdFHUa)C+°) .chco U C C co cd � d 'Zj a $ C"dx cd c) CU E, C'sn x op a C as cp u N ti E� ti G vC d 'ti P p a y O C m z Cld F a �� a 0,6 O 0 ate.° ro o° b bu'� o cco ►+ v O p °� ^ +, p d C ° o Z ,a p 3 p +� cd C COFdFod" O WOcd. '.q'��yC�y, 'Qb�y��Cj"•'L� ^,O+aOc�,' '.W++ d `b+>^ , • C "PN. tia�a3' 'GRF.7f qsO a'p" �1 •vW.a), dq3. pam) a. 4. 'd. �o •.=Fd �*�oC'. .Ncd .� +vU,• .,�va�OU�, .3cCpNf. •,+*�' F p °° vpvoq�CC' •�..' +�0 3Fes�". ,xc�ud C op'd a>0� CZ a) ai 0" , � 0 bn 'V 'P-esp4,ro o ° 7' C w C C0a) d ° G CZ) 0 0 N CJ O U m d co :aas Ca c zsm a L.q C a.N d cd y� U cl C� w C a) u a) aas l dbA d a) bA O p ��am�b'AO a C d d � G � i'' U' b 0 co 4' " �+ �. ° l�' # �'' .a' Y a+ " cdi cOd N > d O O d N Q+ V l O 4 FLU+ d ro °0 a) d U �� ra 0 0O 4C j+ V> +�+ Jam' � o O`er., N °E O `�•3 U aCi ati w � r w o ro o 0)Ocaa)) o M ° o dn a' .''0 O . Ow a) ct~d O ° o a VJ dpod cdOO 04 # > a U •op a u ou° ° co b17 �; d .0 ram. U a) c°. of � O� O a � , d a0i NO � `ni > X 0 • • • • • �+ aw pm F Y a a E c. C A a) a) , LG "QGa) °c. G 'b WD 3aNi wTqo" � md vz0 w�) a) ,CW X O-,o C cC N°�� o 0 a)'�°", q R3 N P, " E 4k O 0MN O ° oa o ma on ,>�° bA ° �a�, sa �F c3 w a, O m N O a ) o a c� .bo U pP~o o°°� +"C o bjD +� Y� ° bo cd O O o L\ 44 c. 'w " +� G P, ° P+ad0� `PO aj cdQj , > o Ocd N (1) O -. a) cOd o y'�, wx O G �.w oNCd y F'G `°" ° 3 '° cd '�- "" P -0`d � a)) 3 `"' 'Pc*', m •�a .O... a c) amd O ti ) WD -0.� O ° wcd oO) Fd w am� �a° OG y ° 'bcd o -0 a x O 0) ° o �0coo cz 3 as ° .N, •Cj'Cd ;' bA rn b '� :0 .a >i O *' o ++ ��., .yOy OV p cOi bO +'�-� o Y c. O U ... U a) 0 ° ... O 0 '_' O � cd ° c) rcl aO) o C, CZ o a 'x�Q). ,CLo0 c. W a.) 0o u�.. .^cz vi *O CZ ° aC ;25 o JO �.b ba x� o 0)4 ° a (d O bU bA cd a) a, °b cd ° cd y � Cd o�ro a V � 3 � 3 a+ � W °4 � �= ate) >'a � a� o cd v) In +� a) cd a) O O c, (1, +� cO+ •^.. ' p, O o 0 cd W c. N P b-O P ° w a) cd U NO O ,� O Z a) G o° aW �s a) o° c o. Y �� o o qcz Jyam' c" Uti�, 'aU +cd '•.x� �PcvOad^a) ° '`i ., U CL ' G '�-�,' biii aOC �' �+�[C' '�>G' N"U��3'G7"O" :�brf-~A� P,v) • bnqcd+'�•wb��,."+A' 'P+° ty°ojrCOn+L ,cvO.q ° Pa Cd C�O)� �+O O a a cdP•C bO MO4 O q Zy p O a)F �am�`°' O WD � > oF) O,Ua) 5.� cd° O o cd o , N0w ., °ND X a �w o acz gd cd o a)z ~�o GL cd cd as o c�,.~ aO ° oo U 00 U Oa r ww o oo a) ro 0y Aa0 cw a)o CO w oOOOo.rcj cw,om Cl)„O mC N.Ooa) G ° cd ° �+U EsN a) bA ~ �d G°+r o r° UU•aa) r l , b-P4 aiw*p O�o P ba�p —0 o cd P o 4aa 04 cd U w a OHz ..... CL W ++ o c� { \\ '- g / / / M e U j Cd \ >1 \ ~ � ( ) \ / \ 9 = e \ CIOcn / I } / con ) o 0 y f {& % \ \ ��cl4 04r- \ {)� �\ ±/a4 a® k \o& /S2yg\CIS \\\\\r� \ 04 4o//0 )j / \/E °\} & Q>» am • \/ § ea& =a=�r ) />1m 0 % 5 § / § \ { ` § a & / \ f / b { \ _ / \ § / 0 Q §•\ a e= 2 B 2 G c 3 = Cd e m e ( \ § b \ \\\ u 3 j G 2 7 0 0 U N is f4'0 1> >+ N Y4 F iT N >. N a,>. iP L N to C U 0 0 a 0H N O • ., Ca)H dCEF 4J F C.0 ro4JY (Op i F a) -.i U H U-'-) H-'i O O U ri (H w 1J (0 a) 3 U U)X (00 ro X U X .Q 'O Ixa m ro s4 r4 ri O- 0)s4 sL a sa m > 4> N CF rom 14 F M U (t N)i Nroa)ro al N roll >4 •.i -H a) 4 O O• W ro A, O (L s 51. 'O p 51 Sa a) m >r 1) w .14 O fY O W m H C ro O H li U) 1) N >4 N N E H li f-L 1) N a) a) W O 0)�4 U)a) ° 10 O >+ a U ap .0 .0 F Op ro O . H .0 (1) .0 E. O F O a) 74 O C y4 M -Pp -P i� H N 04 .,y C N a C -y.i OF °' NO 4! O+'U ON 0, 41 to ro 4J.0 Q �Croy,7 S4 w£ w N Q) tnc 3 3 C O Ix H m O N i 30-I �. y°, p3-I y°i SXi O U C N E, N •.��i Q> O z 0 W 0 44 4, r x C: 4 a0) 4 4) u 0 3 ro c} z Q�Oav F ° °a� °� o 44 0,roc p E"° x o E.w F 0 >+p W .M F > > a) N N O -.•i a X �' U U) a) H F al U ~ F 1'Fj p, .0 .i :j C 7 C ° 4.) >1 Sa 0 ¢. S1 � w U Sy Z .0 3 ro F Y �-+ F "i �' 04 -H p OF E N O °° Nip O>' W M ' 0) x 0 x 3: x 0 Q U F U U N N X a) N E NF��E roi+ �C OW UN a)FO(]. al ''imsJ >.t .uF �Q a4,roE°�� H° roN ro� m OFF° �° ard Oro a) C 44 •,-i > F C:N 0 p C 0)R p p U b >Y R o a)ro °p aN.0 �N Ow .HiU �H-i >. � C•=� �r D•� .00R a� W N O H p ro O >. .ti-H N ..� O a) a) • X O F+ 7 GSLUO 51 NA 3y 3G 3C04J 0•.>, 4 �U) a'-v �i 'O dt a) O p F h F E E "i >, -`i S+ m U N F S1 F Fi (D O ,O .0 O+ ro 4-)(y[ >."i O i O O F O H U)ro a O 1-1 N 0) m fA U F O %+b, 1)-Q 3V F P.-.i W> U0.0 to wUF4> H ON ccSiX E OFNN C a)N X UUro Cxa)ro U N 014 a a S rorolo a)N30 -4N .Cro tp p51pro a dap da 4)14 Ew 0. x %+003-H •O Lro Ha Eli EN38 U, ij a HS1 HN W (a1+uw> u FyF , •-ia ax uaa) a N -H a) N a) -H C 0) •'1 v N O O .0 q —I W 47 10 > %a p w al X 10 9' 3 O 'O O a) -•i 1p .0 7 O 0 a) 1) W 'O Si a) O F H 41 .0 -P k. EO��4 (0P W S `i N M W S4PUN arts UO E•ro ,,._O >ma)CCa a)O-14ro >• .0 aro H a) W W a) F O a) T3 w r4 a) &4 1� 2P U• a H a) a) ,C F 43 N F C O Si H a) a) O a H1i O ro (d 7 W N to U 3 W C P. 0 11 P-P au 0 z 0 N N 0 n 15 SPACES, CONTROLLED BY PORT MERCHANT'S PASSES SPACES, CONTROLLED BY PORT f Pp� Y Y � 91o'f z 1 '� q+JJJII,�qI I a a•� a� y"I tfi �.: � v 1 - .I � z 51 5J IEIIi ,fl„P°'sl["Wanitl I , t � �i, Ry :.iamb ty F`� j63fiYP - I FS^t°.:'•' kLF� 3 4 '� ?�jv �4 a •-:;y II i wl T tl2` .J r 5�"dr •• OS[T: w-°�' , f ° fi` yfla+t• tlAyFs°a� t i�a, � ' _ Y, ae ` lbeyY I686 - ZZa % k 11`jl 18 • �N 9 fi , I o !- I roe a.rsa Yo-zza rrrm ` {N e 3 / r 7,31 l ,. I � � .a. real I I lil u"sa" Ill En I Ill tip n b e� �a' yy I 31 AI lull I /Ijz m �9 ✓� '�!I lll3 �I II' I II IZ �o ti a 4L Lj w op w 0 i06=d a{wS 'sluzrvl bE[ aBoA '61{mam WlrjDr^'[$ZWOE�aSn^rN %!34�^I!W'tl aPnisWprow fav�rswnmagsamiwlnpY um Wa3Z�}! WISp4rwJ fNNV1!){auWe{�rw 3rN. 2v�ruaY 48,�!!{ol a?4 (mSd'J)�ruF�S58u!m4!md NWI`J"^'HPsa!rayy I6/EBppYN a'roZ 41roN m%zfi5 aNwPuoJ a%BuDMM wMWmB s8ri wag jo 9 328d 01-5TOD 'ON 10eAu00 Q �Ll 41 #)�� i' y4 2P Po 1/ �d dlnd0 V-z p •W•M {spa 06ubd-y4 ° Q� -a El f, Pun aInvas 4aalls auplsforpumi SOD ryBN \ m Sto i .a' �Y b£ZZ a ZZ asv �� sass a •�.x 3 w � ..r,^w• s„ I I srts M.6Q9E,bH l% 0 P�1 " aM1'8 �... � � o�Zs m •` d a«yam 5aYWdaa!r m w Oe� p b�D<N .v v N ' Z7 ry P,. H w . .. ....... 8f. �)✓ .. V • Z Po (P. 1p.,o{FOd ZZa(�! MDd"1 UdF� U Ieoa �D'x^J rn BZ9ZPJt3• wyFr eras:( vl � aw{PAwdw� iad)a{'rmyr bvyymyt %'J. 'a°VL dnrlgl m AI u+ N O Wr yob° � `" /'• � � s. i } / Im a�aS Jilt ,N] IQklB6fa404 t"F1,�Pla2l oe m m 0 ,nt-- r .1-S =r •�•har„aw '66i�i1 wP+11Pru LSNWf�+9umN+ll3 n.wlPnV �rypur�ppmavpR4au�uwumyxmauryW�x H4��aa p �pry�p� m�lwr�uNW.� W W(f��w+ilS Bruu'�'av�d .L.a1111 �Y� ��.L1 Fgymnuo] 6883o04'8 anti, umgawd,wiod�nempr bu}yen, wy-li` s d� O 'W M 4903 0Buad-41J( f4 Pun £ t No, *t Q 7aaL7SatunaSf e<e/— auY.lS.iBsPun lap sawOM I + /"q �, Buyno I I lu%00 lg sl v I r,p� rezz,ozz3sY .' I I I SPiB uaa Im �18 e PiV A.990 z m wt ae g' rsi„t�`M 47 e tyn�- L;o L aged of-9100 'oN jaeaTUOD City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 0 FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Business Item 7B Meeting Date: Subject: Approval of Supplemental No. i Prepared by: Amending Contract No. C071-09, with N.L. Olson and Associates, Inc., for the Atty Routing No: Design of the Bay Street Pedestrian Atty Review Date: Enhancement Proiect March 9, 2010 Mark R. Dorsey, P.E. Public Works Director NA NA Summary: On October 27, 2009, the City of Port Orchard Public Works Department executed Contract No. 071-09, with N.L. Olson and Associates, Inc. for the design of the Bay Street Pedestrian Enhancement Project. The contract is for plans, specifications, cost estimate, and environmental permitting of a one -mile segment of pedestrian path adjacent to Sinclair Inlet. The design is currently 5o% complete and a time extension is needed to the contract. At present the contract is due to expire on April 30, 201o, and Staff is requesting a time extension to September 30, 2010 as this will allow Olson and Associates to finish design and permitting. Recommendation: Staff recommends that the Council approve Supplemental No. 1 amending Contract No. 071-09, with N.L. Olson and Associates, Inc., by extending the design of the Mosquito Fleet Trail Bay Street Pedestrian Enhancement Project to September 30, 2010. Motion for consideration: I move to approve Supplemental No. 1 amending Contract No. 071-09, with N.L. Olson and Associates, Inc., by extending the design of the Mosquito Fleet Trail Bay Street Pedestrian Enhancement Project to September 30, 2010. Fiscal Impact: None. Alternatives: City Council has the option to reject this supplemental agreement and keep the current expiration date of April 30, 2olo. However, this is not Staffs recommendation. Attachments: Supplemental No. 1 Contract C071-09 Admk WWashington State � F Department of Transportation Agreement Organd address nization N.L,Olson & Associates, Inc. Number 1 2453 Bethel Avenue Port Orchard, WA 98366 (360) 876-2284 Original Agreement Number LA 6165 Phone: Project Number Execution Date Completion Date STPE-0166008 10/27/2009 9/30/2010 Project Title New Maximum Amount Payable Mosquito Fleet Trail Bay Street Pedestrian Path $ 287,701.17 Description of Work Mosquito Fleet Trail Bay Street Pedestrian Path Enhancement Project The Local Agency of City of Port Orchard desires to supplement the agreement entered into with N.L, Olson & Associates, Inc. and executed on 10/27/2009 and identified as Agreement No. LA 6165 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 1, SCOPE OF WORK, is hereby changed to read: Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: Ona;nlelioll date,* he, spptetnher 10 9.n 10 Section V, PAYMENT, shall be amended as follows: as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the appropriate spaces below and return to this office for final action. By: N01-Ir Olson PP. Consultant Signature DOT Form 140-063 EF Revised 9/2005 lff=Wblumt. u s Approving Authority Signature Date ATTEST: a ricia 1r pa ric , , e r k Local Agency Standard Consultant Agreement Consultant/Address/relephons N.L. Olson & Associates, Inc. 2453 Bethel Avenue Port Orchard, WA 98366 (360)-876.2284 ® Architectural/Engineering Agreement ❑ Personal Services Agreement Agreement Number Project Title And Work Description Mosquito Fleet Trail Bay Street Pedestrian Federal Aid Number STPE 0166-(008) Enhancement Projects Agreement Type (Choose one) ❑ Lump Sum Lump Sum Amount $ ® Cost Plus Fixed Fee Overhead Progress Payment Rate 170 % Overhead Cost Method ® Actual Cost DBE Participation ❑ Yes ® No % Federal ID Number or Social Security Number 91-1153683 ❑ Actual Cost Not To Exceed Ye ❑ Fixed Overhead Rate % Fixed Fee $ 18,467.79 Do you require a 1099 for IRS? ❑ Yes ® No Completion Date April 30, 2010 Total Amount Authorized $ 287,701.17 ❑ Specific Rates Of Pay ❑ Negotiated Hourly Rate ❑ Provisional Hourly Rate Management Reserve Fund $ ❑ Cost Per Unit of Work Maximum Amount Payable $ 287,701.17 Index of Exhibits (Check all that apply): ® Exhibit A-1 Scope of Work ❑ Exhibit A-2 Task Order Agreement ❑ Exhibit B-1 DBE Utilization Certification ® Exhibit C Electronic Exchange of Data ❑ Exhibit D-I Payment - Lump Sum ® Exhibit D-2 Payment - Cost Plus ❑ Exhibit D-3 Payment - Hourly Rate ❑ Exhibit D-4 Payment m Provisional ® Exhibit E-I Fee - Lump/Fixed/Unit ❑ Exhibit E-2 Fee - Specific Rates ® Exhibit F Overhead Cost ® Exhibit G Subcontracted Work ® Exhibit 0-1 Subconsultant Fee ❑ Exhibit G-2 Fee -Sub Specific Rates ® Exhibit G-3 Sub Overhead Cost ® Exhibit H Title VI Assurances ® Exhibit I Payment Upon Termination of Agreement ® Exhibit J Alleged Consultant Design Error Procedures ® Exhibit K Consultant Claim Procedures ❑ Exhibit L Liability insurance increase ® Exhibit M-la Consultant Certification ® Exhibit M-lb Agency Official Certification ® Exhibit M-2 Certification. Primary ® Exhibit M-3 Lobbying Certification ❑ Exhibit M-4 Pricing Data Certification ® App. 31.910 Supplemental Signature Page THIS AGREEMENT, made and entered into this 27 day of October , 2009 , between the Local Agency of City of Port Orchard , Washington, hereinafter called the "AOENCY" , and the above organization hereinafter called the "CONSULTANT". DOT Form 140-09 EF Page t Of a Revised 3/200a WITNESSETH THAT: WHEREAS, the AGENCY desires to accomplish the above referenced project, and WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT; and WHEREAS, the CONSULTANT represents that he/she is in compliance with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish Consulting services to the AGENCY, NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I General Description of Work The work under this AGREEMENT shall consist of the above described work and services as herein defined and necessary to accomplish the completed work for this PROJECT. The CONSULTANT shall furnish all services, labor, and related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT. II Scope of Work The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit "A" attached hereto and by this reference made a part of this AGREEMENT. III General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress and presentation meetings with the AGENCY and/or such Federal, State, Community, City or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the work in sufficient detail so that the progress of the work can easily be evaluated. i r The CONSULTANT, and each SUBCONSULTANT, shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONSULTANT, and each SUBCONSULTANT, shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT-assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the termination of this AGREEMENT. Participation for Disadvantaged Business Enterprises (DBE), if required, per 49 CFR Part 26, or participation of Minority Business Enterprises ME), and Women Business Enterprises (WBE), shall be shown on the heading of this AGREEMENT. If D/M/WBE firms are utilized, the amounts authorized to each firm and their certification number will be shown on Exhibit "B" attached hereto and by this reference made a part of this AGREEMENT. If the Prime CONSULTANT is a DBE firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY'S "DBE program Participation Plan". The mandatory DBE participation goals of the AGREEMENT are those established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the AGENCY. All Reports, PS&E materials, and other data famished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C." All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT, and are the. property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to the CONSULTANT. Page 2 of 8 IV Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under completion date. The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT. A prior supplemental agreement issued by the AGENCY is required to extend the established completion time. V Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided in Exhibit "D" attached hereto, and by reference made part of this AGREEMENT. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. A post audit may be performed on this AGREEMENT. The need for a post audit will be determined by the State Auditor, WSDOT External Audit Office and/or at the request of the AGENCY'S PROJECT Manager. VI Sub -Contracting The AGENCY permits sub -contracts for those items of work as shown in Exhibit "G" attached hereto and by this reference made part of this AGREEMENT. Compensation for this sub -consultant work shall be based on the cost factors shown on Exhibit "G." The work of the sub -consultant shall not exceed its maximum amount payable unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, overhead, direct non -salary costs and fixed fee costs for the sub -consultant shall be substantiated in the same manner as outlined in Section V. All sub -contracts shall contain all applicable provisions of this AGREEMENT. With respect to sub -consultant payment, the CONSULTANT shall comply with all applicable sections of the Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT shall not sub -contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. No permission for sub -contracting shall create, between the AGENCY and sub- contractor, any contract or any other relationship. A DBE certified sub -consultant is required to perform a minimum amount of their sub -contracted agreement that is established by the WSDOT Highways and Local Programs Project Development Engineer in consultation with the AGENCY. VII Employment The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that It has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from the AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a Page 3 of 8 thud party as a consequence of any act or omission on the part of the CONSULTANT'S employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of the contract, any professional or technical personnel who are, or have been, at any time during the period of the contract, in the employ of the United States Department of Transportation, or the STATE, or the AGENCY, except regularly retired employees, without written consent of the public employer of such person. Vill Nondiscrimination During the performance of this contmc4 the CONSULTANT, for itself, its assignees, and successors in interest agrees to comply with the following laws and regulations: Title VI of the Civil Rights Act of 1964 (42 USC Chapter 21 Subchapter V Section 2000d through 2000d4a) Federal -aid Highway Act of 1973 (23 USC Chapter 3 Section 324) Rehabilitation Act of 1973 (29 USC Chapter 16 Subchapter V Section 794) Age Discrimination Act of 1975 (42 USC Chapter 76 Section 6101 at seq.) Civil Rights Restoration Act of 1987 (Public Law 100-259) American with Disabilities Act of 1990 (42 USC Chapter 126 Section 12101 at. seq.) 49 CFR Part 21 23 CFR Part 200 RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "H" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "H" in every sub -contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT as shown in Exhibit "I" for the type of AGREEMENT used. No payment shall be made for any work completed after ten (10) days following receipt by the CONSULTANT of the Notice to Terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth herein above, then no food payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. Page 4 of 8 in such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another fum to complete the work required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth above. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to perform is without the CONSULTANT'S or it's employee's default or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervisory personnel assigned to the PROJECT, or dissolution of the partnership, termination of the corporation, or disaffiliation of the principally involved employee, the surviving members of the CONSULTANT hereby agree to complete the work under the terms of this AGREEMENT, if requested to do so by the AGENCY. This subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the AGENCY so chooses. In the event of the death of any of the parties listed In the previous paragraph, should the surviving members of the CONSULTANT, with the AGENCY'S concurrence, desire to terminate this AGREEMENT, payment shall be made as set forth in the second paragraph of this section. Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform work required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X Changes of Work The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under Section XIV. Xi Disputes Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT, provided, however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to de novo judicial review. if the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit ` J", and disputes concerning claims will be conducted under the procedures found in Exhibit " W'. XII Venue, Applicable Law, and Personal Jurisdiction In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties to such action shall have the right of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington, situated in the county in which the AGENCY is located. Page 5 of 8 Xlll Legal Relations The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this AGREEMENT. This contract shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees hamdess from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT; provided that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold harmless the AGENCY or the STATE from claims, demands or suits based solely upon the conduct of the AGENCY or the STATE, their agents, officers and employees; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT'S agents or employees, and (b) the AGENCY or the STATE, their agents, officers and employees, this indemnity provision with respect to (I) claims or suits based upon such negligence (2) the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents or employees. The CONSULTANT'S relation to the AGENCY shall be at all tines as an independent contractor. The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including RCW 42,23, which is the Code of Ethics for regulating contract interest by municipal officers. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the PROJECT. Subject to the processing of a new sole source, or an acceptable supplemental agreement, the CONSULTANT shall provide On -Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall not exceed one million dollars ($1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the CONSULTANT, the AGENCY will be named on all policies as an additional insured. The CONSULTANT shall fumish the AGENCY with verification of insurance and endorsements required by the AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to the AGENCY. No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this AGREEMENT or one million ($1,000,000) dollars, whichever is the greater, unless modified by Exhibit "L". In no case shall the CONSULTANT'S professional liability to third parties be limited in any way. Page 6 of 8 The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY and the STATE may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. XIV Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of the AGREEMENT in the services to be performed, B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the work under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of the AGREEMENT, the AGENCY shall make an equitable adjustment in the (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify the AGREEMENT accordingly. C. The CONSULTANT must submit any `request for equitable adjustment', hereafter referred to as "CLAIM", under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of the AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs (A) and (B) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XV Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data famished by them. XVI Federal and State Review The Federal Highway Administration and the Washington State Department of Transportation shall have the right to participate in the review or examination of the work in progress. XVII Certification of the Consultant and the Agency Attached hereto as Exhibit "M-I(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "M -2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit "M-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "M-4" Certificate of Current Cost or Pricing Data. Exhibit "M-3" is required only in AGREEMENTS over $100,000 and Exhibit "M-4" is required only in AGREEMENTS over $500,000. XVIII Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this AGREEMENT. XIX Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to he an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof. Page 7 of 8 In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date" box on page one (1) of this AGREEMENT, By BY Consultant r l ©�oe✓ q �[S� (mot t Agar UVW1 City Clerk DOT Form 140.089 EF Revised 312008 Page 8 of 8 Exhibit A-1 Scope of Work Project No. Documents To Be Furnished By The Consultant ., c ,., ON ., .. : • , „ , DOT FO 140-O6 EF FAIbll A-1 Engineering, Planning and Land Surveying. October 15, 2009 Andrea Archer, P.E. Assistant City Engineer Department of Public Works City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Inc. EXHIBIT - Al Scope of Work RE: Proposed Scope of Services Mosquito Fleet Trail / Bay Street Pedestrian Enhancement Project Dear Ms. Archer: The team of N.L. Olson & Associates, Inc. (Consultant) is honored to be selected to provide the City of Port Orchard (the City) the professional civil engineering, surveying, planning and permitting services required for the Mosquito Fleet Trail / Bay Street Pedestrian Enhancement Project (The Project). Included with this letter is our proposed scope of work and budget for the project. The project will proceed in two phases. The first phase consists of the alignment study with study report. The second phase is the design and environmental clearance for the project. Both phases of the project will be coordinated vAh'the Washington State Department of Transportation (WSDOT) design guidelines. Based on the September 3CP and October a scoping meetings the alternative routes have been determined. Within the center segment the Bay Street alternative will not be Included in the preliminary design although a textural discussion regarding the alternative will be Included in the analysis and report providing the basis for exclusion as determined by the City Engineer. We look forward to working with the City on this project. As we have previously Identified, I will be the project manager and if you have any comments or questions please contact me at 3"76-2284. Thank you. Sin r I Nor n L. n II, P.E. Principal N.L. Olson & Associates, Inc. Attachment — Scope of Work 2463 BETHEL AVENUE, P.O. BOX 637, PORT ORCHARD, WASHINGTON 98366 (360) 876-2284 FAX (360) 876-1487 Proposal for Scope of Services to City of Port Orchard Mosquito Fleet Trail i Bay Street Pedestrian Enhancement Project Page t of 14 Phase I —Alignment Study Task 1: Tonoarauhic Survey & Base Mau: The proposed alignment routes for the project will be surveyed and base maps will be prepared at 1" = 30' scale. The scope of services for this task will Include: ✓ Research of asbuilt documents and maps will be coordinated with the City for access to existing records. The field survey will acquire data of existing utilities. Coordination with utility locate services will be provided. ✓ Research ROW documentation and maps. ROW calculations will be provided. ✓ Field topographical survey Including 2' contours and existing structures will be provided and existing survey monuments will be tied. Limits of horizontal data acquisition will extend to 100 feet beyond proposed alignment where required assuming private properly constraints do not exist. Reduced widths of the topographic survey in specific areas may occur with approval from the City. ✓ Field survey all delineated wetlands and OHWM boundaries designated with on the ground with flagging, stakes and/or other marking methods. ✓ Control and benchmarks for construction will be established. ✓ Horizontal centerline stationing basis will be established with accuracy of one - tenth foot or better. ✓ Base maps will be prepared in AutoCAD 2008 and Adobe PDF format and all plan sheets will be on City title block. Task 1 Assumption(s): ✓ Although ROW will be calculated and depicted on the base map drawings, the ROW plans per WSDOT guidelines will be prepared with Phase II. ✓ The City will coordinate all separate and private meetings with landowners potentially directly impacted by the project proposed alignment alternatives and will obtain right of entry agreements. Task 2: Preliminary Geotachnical Analysis / Study: Although the preferred alignment will not be known during Phase I, geotechnical data and Information will be required for the alignment analysis. Therefore, during Phase I, a limited geotechnical study will be provided at key locations along the alternative alignment routes. At Phase II time of final design, a final comprehensive geotechnical report will be prepared in support of preparation of the engineering and construction plans. The scope of services for the preliminary geotechnical work will include: ✓ The Consultant will perform a site reconnaissance of the entire proposed trail alignment. ✓ The Consultant will review available geologic information and WDOE water well log records along the proposed trail alignment. ✓ A review of in house consultant files for subsurface exploration information that may have taken place near the proposed trail alignment will be provided. ✓ The information obtained from the initial review will be utilized to provide a preliminary assessment and recommendations for foundation support for bridge Proposal for Scope of Services to City of Port Orchard Mosquito Fleet Troll ( Say Street Pedestrian Enhancement Project Page 2 of 14 crossings over Black Jack Creek and foundation criteria for Arnold Street culvert replacement project. Final design criteria will be provided In Phase II. ✓ For placement of the bulkhead alignment along the north trail segment, the Consultant will provide a reconnaissance to develop initial criteria for placement of this structure. The Consultant (work to be performed by GeoEngineers within Task 3) will conduct a corridor -level ESA reconnaissance study to evaluate the presence, or likely presence, of potential hazardous substances that would have an effect on the project. Sites with potential for environmental Issues/impacts include those that indicate current or past uses as service stations, battery shops, dry cleaners, chemical storage, or manufacturing facilities; sites with fuel or chemical storage tanks or drums present; or those with strong pungent or noxious odors. The Consultant will prepare a report to describe the work completed and make recommendations for follow-on site -specific assessments that will be in accordance with ASTM 1527-00 as a Phase 1 ESA. The scope of services for this study will include: ✓ A review of the results of a federal, state, and local environmental database search provided by an outside environmental data service for listings of known or suspected environmental problems at the sites or nearby properties within the search distances specked by ASTM. ✓ A review of historical aerial photographs, fire insurance maps, city directories, chain -of -title reports, and tax assessor records, as available and appropriate, to identify past development history on the parcels relative to the possible use, generation, storage, release, or disposal of hazardous substances. The Consultant will attempt to identify uses of the sites from the present to the time that records show no apparent development of the site, or to 1940, whichever is earlier. ✓ Conduct a visual reconnaissance of adjacent properties to identify visible evidence of potential sources of contamination from the current right of way (ROW). The Consultant will assume the need to perform site visits on up to six properties in which right-of-way (ROW) acquisition may be necessary. The site visit will include visual observations of the exterior of the buildings. ✓ A report that will summarize the results of this study. The letter report will briefly discuss the project activities and include a table ranking the parcels (low, moderate, high) by their potential for contamination from either on - site or off -site sources to the alignment alternatives, A report will be provided for review and comment. Upon receiving comments and the preferred alignment, the letter will be modified as appropriate to reflect Impacts to the preferred alignment and made final. Proposal for Scope of Services to City of Port Orchard Mosquito Fleet Trall I Bay Street Pedestrian Enhancement Project Page 3 of 14 Task 3A - Assumption(s): ✓ Not included at this time is an environmental compliance audit or an evaluation for the presence of lead -based paint, polychlorinated biphenyls in light ballasts, radon, mold, lead in drinking water, asbestos -containing building materials, or urea -formaldehyde in onsite structures. Soil, surface -water, or groundwater sampling and chemical analysis are not included as part of the Consultant services. ✓ Chain of title reports will be provided. (Payment for preliminary title reports will be provided from appraisal services allowance) ✓ This scope of services does not constitute a Phase 1 ESA in accordance with ASTM 1527-00. If required, additional ESA studies and recommendations will be performed under a supplemental agreement. Task 3.121 — Cultural and History Resources Studv The purpose of a cultural and historical resources report is to provide the necessary documentation to comply with Section 106 of the National Historic Preservation Act. The Consultant will conduct a historic resource inventory and prepare a technical report to accordance with applicable Washington State Office of Archaeology and Historic Preservation and U.S. Secretary of Interior standards. The inventory and report will cover study areas defined by the City and are based on the preliminary delineation of a proposed Area of Potential Effects (APE). As additional project details are defined during the alternatives study, the City may make adjustments to finalize the proposed APE. The Inventory and report will be used in partial fulfillment of Section 106, SEPA, and other regulatory requirements. This material will be assembled into a draft cultural resources report. The Consultant will provide four copies of the draft document to the City for review, will finalize the report based on one round of City reviews, and will submit four copies of the final cultural resources report. The scope of services for this study will include: ✓ Identify and evaluate possible Impacts to cultural resources for the project including: conducting archival research at the Department of Archeology and Historic Preservation (DAHP), ethnographic and historical accounts, previously regional cultural resource investigations, informants, affected tribes, maps, photographs and environmental documents. ✓ Assist with completing the Area of Potential Effects (APE) letter ✓ Perform field reconnaissance to verify field conditions, identify potential historic properties and to update existing site Inventory forms. ✓ Prepare a draft Cultural Resources Area of Potential Effects (APE) request letter for the City to submit to WSDOT H&LP for use and to send a request to potentially affected tribes asking If they have knowledge or concerns about cultural resources at the project site. ✓ Present the results in a draft and final cultural resources report for submittal to DHAP, WDOT H&LP, affected tribes and other concerned parties. The report will present the findings of the inventory and discuss impacts and provide recommendations for eligibility and treatment of Proposal for Scope of Services to City of Port Orchard Mosquito Fleet Trall I Say Street Pedestrian Enhancement Project Page 4 of 14 documented sits and for any additional discovery measures needed, including construction monitoring in highly sensitive locations. Task 3.13 - Assumption(s): ✓ The procedures outlined by Section 106 of the National Historic Preservation Act (NHPA) provide a methodology for heritage resource studies for State Environmental Policy Act (SEPA) project that may not necessarily invoke federal laws. r =an Q.0 - w n 1 rarnn rrera rceconnerssance da uellneanon The Consultant (work to be performed by GeoEngineers) will develop, implement, and complete field surveys to 1) identify potential fish and wildlife habitat conservation areas, 2) delineate wetlands and mark the ordinary high water mark (OHWM) of marine and/or estuarine waters within the project corridor. The Consultant will use the appropriate methods described in the City's Critical Areas Ordinance (Ordinance No.1784) for determining fish and wildlife habitat conservations areas. The United States Army Corps of Engineers (USACE) Wetlands Delineation Manual (Environmental Laboratory, 1987), Wetlands Research, Technical Report Y-87-1, January 1987; USACE Interim Regional Supplement to the Corps of Engineer Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region, EDRC/EL TR-08-13, April 2008; and the USACE Regulatory Guidance Letter, Ordinary High Water Mark Identification, No. 05-05, December 2005; will be used to identify jurisdictional wetlands and the OHWM. The Consultant will delineate jurisdictional wetlands and the OHWM of jurisdictional waters within the project corridor. Critical areas that are Identified within 200 feet of the project area will be documented and discussed in the Critical Areas Study (see Task 12) but will not be delineated. The scope of services for this task (Task 3.C) will Include: ✓ Baseline research and field reconnaissance within the project corridor to identify and record baseline conditions Including existing vegetation/habitat, OHWM and adjacent wetland boundaries. ✓ Delineate wetland and OHWM boundaries on the ground with flagging, stakes and/or other marking methods. Task 3.0 - Assumption(s): ✓ Flags, stakes or marks will be surveyed and mapped by a Professional Land Surveyor (PLS) and results presented on the project site plan as discussed under Task 1. Task 3.0 — Environmental Permitting Plan The purpose of the environmental permitting plan is to provide the City with necessary documentation to develop a permitting strategy for the Final Alignment. The Consultant will develop a permitting plan in tabular (matrix) format for the three alternatives identified. The plan will be assembled with the ability to cross-reference each alternative with possible federal, state and City Proposal for Scope of Services to City of Port Orchard Mosquito Fleet Trail I Bay Street Pedestrian Enhancement Project Page 5 of 14 environmental permits/approvals that may be needed for the project. The permitting plan will cover all study areas defined by the alternatives and will be based on baseline environmental conditions and preliminary engineering design considerations. The purpose of the permitting plan is to provide preliminary Information for the City to proceed with selecting a preferred alternative and for developing a focused strategy for Phase 2, Task 12, Environmental Clearance. The Consultant will provide four copies of the draft plan to the City for review, will finalize the plan based on one round of City reviews, and will submit four copies of the final plan. Task 4: Preliminary Enalneerina Deslan: Preliminary designs and plans will be prepared to approximately the 30% level for each alignment alternative. Each preliminary plan will be prepared with sufficient detail for presentation in the alignment study report and to facilitate preparation of preliminary cost estimates for each alternative. The following design elements will be included in the scope of the preliminary plans: ✓ Preliminary Site Plan (proposed scale 1" = 30', to be confirmed with the City and WSDOT requirements) will show the proposed path layout and connections for each alternative. The plan will show sufficient detail regarding Important elements such as existing site features, structures and traveled ways and preliminary requirements concerning potential easements, ROWS and construction agreements. Preliminary designs for retaining walls and other such elements will be shown. The location of the waterfront and associated parameters such as ordinary high water will be shown. ✓ Preliminary Storm. Grading & Utility: At equivalent scale to the site plan, these plans will show proposed design elements to demonstrate the scope and requirements for each route altemative. Coordination with the utility providers will begin with these plans as basis. Coordination with PACE Engineers for utility designs in Bay Street North Segment is also Included. ✓ Preliminary Structural Design, Conceptual bridge and retaining wall designs will be provided given the proposed alignment alternatives. These designs will be to a level sufficient to provide cost magnitudes for the alignment study. ✓ Preliminary Trail / Path Sections: Section plans will be prepared to show the preliminary design features at key locations along the alignment alternatives. ✓ Deliverables: Plans will be prepared In AutoCAD 2008 and Adobe PDF format and all plan sheets will be on City title block. Task 5: Alignment Alternatives Analysis: Three potential route alternatives will be preliminarily designed for analysis. Each alternative will be studied and the results will be documented within the Final Alignment/Aitemative Study Report. The scope of services for this task will include: ✓ ROW & Easement requirements and alignments will be determined. Consultant will work to Identify any acquisitions, ROW, easements and other agreements that will be needed for the proposed project. Proposal for Scope of Services to City of Port Orchard Mosquito Fleet Trail I Say Street Pedestrian Enhancement Project Page 6 of 14 ✓ Minimum design criteria will be determined and user and facility requirements will be established and documented. ✓ Environmental Impacts & Permits: Based on the information acquired through completion of Tasks 2 & 3, an analysis of the proposed alignments relative to environmental issues and challenges will be conducted. ✓ Preliminary Engineer's Cost Estimate will be prepared for each alternative based on design elements, environmental permitting and mitigation requirements, potential right-of-way acquisition, etc. ✓ Tabular Comparison of Alignment Alternatives will be prepared to compare selection criteria for selecting the preferred alternative. The tabular comparison will chart criteria including but not limited to: Separation from roadway, trail & path width availability given specific alignment constraints, environmental Impacts, permitting requirements, ROW and easement costs, construction costs, public access and connectivity, driveway crossings, grade, stormwater, views & amenities availability, etc. Task 5 Assumption(s): ✓ Preliminary ROW acquisition cost will not be determined through a formal appraisal process. The City will be responsible for determining costs associated with formal appraisals if/when required for either cost estimating or acquisition negotiations. Task 6: Preparation of Study Report: The Consultant will compile all applicable work associated with the alignment study phase into a comprehensive report. The report will detail the alternatives analysis and will recommend the best alternative and provide justification/rational for the preferred attemative relative to those not chosen. The report will be provided printed and bound as well as in MS Word 2003 Format. It is proposed that the report will contain the following: ✓ Executive Summary[ Pmvidinn a summary of fha rannrt MOPI leeinn finding. 2- Introduction: Discussion of the background associated with the trail and path system and the goals associated with the project. Discussion of the purpose of the project and why it is needed. ✓ Methods & Process. Presentation of the alignment alternatives analysis (Task 5) will be provided. ✓ Aerial photographs: Sets of selected photographs showing the alignment alternatives appended to demonstrate key issues and criteria will be provided. ✓ Desian criteria: Discussion of regulatory standards and design criteria will be presented with specific preliminary design proposals for alignment alternatives discussed. Preliminary design plans prepared In Task 4 Including sectional diagrams will be included to Illustrate trail and path configurations. ✓ Results of Alignment Analysis: Results from Task 5 will be presented. ✓ Summary and Recommendations Proposal for scope of Services to City of Port Orchard Mosquito Fleet Trail I Say Street Pedestrian Enhancement Project Page 7 of 14 ✓ Consultant will prepare the draft report text, tables and figures for City review and comment followed by final draft and publishing. Phase 11— Design & Environmental Clearance: Task 7: Geotechnical Analysis I Report: Consultant will prepare a geotechnical analysis and report to be used as a basis for design parameters where required for elements such as foundations, pavement design, over -excavation, surcharge, compaction, etc. The following is the scope of services required for this Task: ✓ The Consultant will utilize the information from the initial assessment to determine the necessary subsurface exploration program. The Consultant will coordinate the subsurface exploration as required. It is anticipated that drilling will be required for design of the bridge abutment elements. ✓ In several particular areas along the preferred route, we anticipate that hand borings will be needed for additional subsurface information. ✓ The subsurface exploration program will also provide undisturbed soil samples for laboratory testing that will focus on the soils properties. ✓ After completion of the subsurface exploration program, the Consultant will provide geotechnical engineering recommendations for site preparation and grading, structural fill criteria, surface and ground water information, deep or shallow foundations for the proposed pedestrian bridges, temporary and permanent slopes, erosion control, and grade separation recommendations for concrete cast -in -place walls. ✓ Recommendations will also be provided for bulkhead placement along the north section of the trail in regards to embedment depths, grade separation requirements and potential surcharge loads. Task 7 Assumption(s): ✓ Subsurface exploration with machinery will be limited to two borings for final bridge abutment design. All other subsurface exploration will be through hand borings. If test pits are required they will be provided at additional fee. Task 8: Hvdroloslv/Hvdraulic Report (Storm Report): Consultant will prepare the storm report in conjunction with the preferred alignment. The analysis and report will consider existing and proposed drainage structures and features that are associated with the project and/or runoff associated with the project. The analysis will be conducted in accordance with the City of Port Orchard storm design manual. It is anticipated that the design will use W W HM3 methodology as required by the latest WDOE design manual and standards (2005) and as specified in the proposed updated Kitsap County storm manual to be adopted by the City. Alternatively, the analysis and report can be prepared in accordance with the current City standards and requirements at the City's discretion. The contents of the storm report will Include the following: Proposal for scope of Services to City of Port Orchard Mosquito Fleet Trail 1 Bay Street Pedestrian Enhancement Project Page 8 of 14 ✓ Project description and discussion including proposed improvements and existing site conditions, soil conditions, and topography. ✓ Existing drainage facilities both within ROW and on private property that influence or impact the project. ✓ Proposed storm facility Improvements. ✓ Upstream and downstream analyses as required. ✓ Erosion and sedimentation impacts and mitigation from proposed construction. ✓ Facility design — data and analysis. ✓ Various figures as required in accordance with the City storm manual. Task 9: Construction Plans Preparation: Preparation of a complete set of final design improvement plans is proposed. The engineer of record will review, approve and wet stamp the plans. Plan submittals will be provided to the City at 30% (Task 4 is 30% completion), 70%, 90% and 100% completion stage. The following design elements will be included in the scope of the construction plans: ✓ Site Plan: The final site plan (scale no smaller than 50 scale, to be confirmed with the City and WSDOT requirements) showing the proposed path layout and connections will be prepared. The plan will include dimensions, design elements and details as required for constructability and required elements for the WSDOT approval. All required easements, ROWS, construction agreements will be shown on the plan. ✓ Existina Conditions/Demolition plan: This plan will identify the existing site features that must be demolished. The base map prepared by N.L. Olson survey department will be used as the basis of the plan. ✓ Surfacing Plan: In conjunction with the site plan a surfacing plan will be prepared. The plan will show proposed surfacing such as pavement, gravel, porous pavement, etc. ✓ Grading Plan: The grading plan will include design for finished surface contours and spot elevations for site drainage and construction. The gross dimensions of retaining walls If required including approximate exposed height and length will be Indicated on the plan. Grading and earthwork calculations will be shown on the plan. ✓ Roadway Imorovement Plans; In conjunction with the site, grading and surfacing plans any proposed road improvement design will be shown. ✓ Storm Plan: The final storm design and plans will be prepared in accordance with the City and WSDOT requirements. If added storm structures are required elements of the design, profiles will be prepared in addition to plan views where appropriate to show the system design in relation to existing and proposed grade and adjacent structures. ✓ Utility Plans: The design for proposed wet utilities will be prepared. Dry utility design, power, etc, will be coordinated by the Consultant with PSE and the other applicable providers. Wet utility, sanitary sewer and water (irrigation),designs will be prepared the Consultant. Proposal for Scope of Services to City of Port Orchard Mosquito Fleet Trail I Bay Street Pedestrian Enhancement Project Page 9 of 14 ✓ Temporary Erosion & Sediment Control (TESC Plan): The TESC will be prepared in accordance with the City, WSDOT and WDOE standards and requirements. A Storm Water Pollution Prevention Plan (SWPPP) and Water Quality Management Plan (WQMP) will be prepared as required. ✓ Landscape & Irrigation Plans: Consultant will prepare the Landscape plans in accordance with City standards and requirements. Proposed fencing will be shown on the landscape plan. ✓ Structural Desi n and Railing: Consultant will prepare the construction plans and calculations for any required structural elements for the project. These will include bridge elements and abutments, railings, foundations, etc. The type of railings will be coordinated with the City and the Landscape Architect. ✓ Sianina & Striping Plan: Consultant will prepare, in accordance with City and WSDOT standards and requirements, specific signs referencing special amenities and related descriptions. Signage and striping will be coordinated with the City. ✓ Construction Phasina and Detour Plans: Traffic control and project phasing plans will be coordinated with the City in conjunction with the project schedule. These plans will be prepared in accordance with the City and WSDOT requirements. ✓ Construction Notes & Details: The required construction notes and detail sheets will be prepared in relation to the civil design. ✓ Applications & Permits: We will work with the City in preparing applicable documents, forms and applications for submittal to the appropriate agencies. Permit fees are paid by the City. ✓ Deliverables: Plans will be prepared in AutoCAD 2008 and Adobe PDF format , and all plan sheets will be on City title block. Task 9 Assumption(s): ✓ Engineering plans will be prepared utilizing Consultant general drafting standards, the WSDOT plans preparation manual guidelines are not required ✓ Profile plans for path/trail will not be required given it will generally following existing ground. Task 10: Final Design Survey Services: All survey monumentation used for design will be documented for availability and use during construction. The Consultant will provide the following services for Task 10: ✓ Establish and prepare easement/ROW documents per WSDOT guidelines and requirements. ✓ Prepare legal descriptions and exhibits as required for easements and acquisitions. ✓ Provide an electronic file and plot of all coordinates. ✓ Consultant will assist the City in a Project Funding Estimate (PFE) associated with each required acquisition and prepare a type #1 ROW certificate as outlined in WSDOT LAG Manual. An allowance for appraisal services is included as a separate expense for the project. Proposal for Scope of Services to City of Port orchard Mosquito FleetTrallI nay Street Pedestrian Enhancement Project Page 10 of 14 Task 10 Assumption(s): ✓ ROW Plans will be prepared for the preferred alignment only ✓ The number of exhibit packages required for easements, acquisitions, etc, will be on the order of about five +/-. ✓ Conveyance documents for easement, acquisitions, etc. will be prepared by the City. Tusk 11: Public Involvement: It is proposed that a single community meeting be conducted to Involve the public and gain public Input. The scope of services for this task will Include: ✓ Prepare meeting agenda and formulate a questionnaire with Input from the City. ✓ Prepare advertisement for meeting. ✓ Conduct evening meeting and provide documentation of attendance and results. Task 11 Assumption(s): ✓ The City will provide meeting room. ✓ The City will coordinate public announcement ✓ The City will lead meetings with Consultant providing specific elements of the presentation. ✓ The City will coordinate all separate and private meetings with landowners potentially directly impacted by the project proposed alignment alternatives. Task 12: Environmental Clearance• Task 72.A —Critical Areas Studv The purpose of the critical areas study is to document potential fish and wildlife habitat conservation areas, jurisdictional wetlands and waters of the United States within the project corridor, as well as provide baseline documentation for defining potential project impacts and mitigation strategies (if mitigation becomes necessary). The Information provided In the report is intended for use in compliance with any applicable federal, state and local regulations. The information will also be used in part to complete the SEPA Checklist, ECS and the JARPA. The Consultant (work to be performed by GeoEngineers) will complete this task. The scope of services for this task include: ✓ Prepare one critical areas report that includes detailed wetland, shoreline and stream maps in relation to the project area, documentation of survey methods, results, potential Impacts from project actions, and recommendations for wetland and marinefestuarine habitat protection and mitigation. Protective buffers for wetlands and for fish and wildlife habitat conservation areas will be determined using City regulations. The draft and final reports and associated documents will be in a format acceptable to the USACE, Washington Department of Fish and Wildlife (WDFW) and the City and will be used in obtaining necessary permits for the project. Proposal for Scope of Services to City of Port Orchard Mosquito Fleet Troll I Bay Street Pedestrian Enhancement Project Page It of 14 ✓ Provide four copies of the draft report to the City for review and comment. Four copies of the final report that Incorporated the Citys requested revisions will also be provided. Task 12.A Assumption(s): ✓ The critical areas report does not include a compensatory mitigation plan, which will be provided under environmental documentation (Task 12.C). Task 12.6—Bioloalcal Studies The purpose of the biological studies is to address potential project impacts under Section 7 of the Endangered Species Act (ESA). Biological studies may include a biological evaluation or a biological assessment depending on which alignment is selected in Phase 1. The assumption is that a biological assessment will not be required for the preferred alignment. Biolonical Evaluation (BE) The Consultant will provide the following scope of services for the BE: ✓ Research National Marine Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service (USFWS) databases to identify listed, proposed, or candidate species that may occur in the vicinity of the project corridor and prepare and send a request for species and habitat Information from WDFW and the Washington Natural Heritage Program. ✓ Review other City reports and publicly available information as needed. Based on review of the information and species lists obtained, a site reconnaissance and contacts with WDFW and potentially affected tribal staff, determine the potential for impacts to any of the identified species or habitats.. ✓ Prepare a no effects BE to document the species identified, and conservations measures, if appropriate. ✓ Provide 4 copies of the draft no effects BE for City review and comment. Revise as needed and submit the revised document to the City for transmittal to WSDOT H&LP. Respond as needed to comments from WSDOT review draft and finalize the document. Task 12.13 Assumption(s): ✓ Compliance with Section 7 ESA will be coordinated by the City through WSDOT H&LP. ✓ A Biological Assessment (BA) has not been budgeted as the BA would be performed only if the preliminary determination in Task 3 is May Affect, Not Likely Adversely Affect. Services associated with completing a BA report if it becomes necessary will be provided to the City under a separate Consultant agreement. Proposal for Scope of Services to City of Port Orchard Mosquito Fleet Trail / Bay Street Pedestrian Enhancement Project Pape 12 of 14 Task 12.0 — Environmental Documentation The purpose of this task is to support the City in obtaining necessary environmental permits for the project. The Consultant will review reports and data provided by City staff for other projects in the vicinity of the preferred alignment that may affect or interact with the project and contact resource agencies to determine if there are resources of concern in the vicinity of the project. The scope of services for the environmental documentation will include: ✓ Prepare a draft SEPA Environmental Checklist for review by City staff. Revise the draft checklist and submit the revised checklist for use by City staff In making its SEPA threshold determination. ✓ Prepare a draft Environmental Classification Summary (ECS) for review by City and WSDOT H&LP staff. Revise the draft ECS and submit the revised ECS to the City for transmittal to the WSDOT H&LP who will obtain approval of the ECS by the Federal Highway Administration (FHWA). ✓ Prepare JARPA form and figures for review by City staff. Revise the draft JARPA and figures and submit the revised JARPA and figures for use by the CITY in applying for CITY Shoreline Substantial Development Permit (SSDP), WDFW Hydraulic Project Approval (HPA) and other federal permit approvals as needed. ✓ Prepare an area of potential effect (APE) request to WSDOT H&LP to Initiate informal consultation with the Suquamish Tribe. ✓ Prepare a Bjkeway/Walkway Programmatic 4(f) Evaluation for compliance with NEPA and Section 4(f) of the Department of Transportation Act for projects that involve parks/recreational areas. ✓ Prepare a draft mitigation plan for review by federal and state agencies and the City. Revise the draft mitigation plan for use by the City in applying for City Shoreline Substantial Development Permit (SSDP), WDFW Hydraulic Project Approval (HPA) and other federal permit approvals as needed. Task 12.0 Assumption(s): ✓ Compliance with Section 4(0 will be limited to a bikeway and walkway Programmatic Evaluation. ✓ A mitigated determination of non -significance (MDNS) Is assumed to be the appropriate SEPA threshold determination. ✓ The Bay Street Beach Cleanup site (completed In 2006) will be used for any required mitigation associated with this project. ✓ Mitigation planning and design that may be required beyond the Bay Street Beach Cleanup site mitigation will be provided to the City under a separate Consultant agreement. ✓ Federal funding will require compliance with the National Environmental Policy Act (NEPA). City staff will coordinate with WDSOT H&LP staff in the Olympic Region of WSDOT for NEPA compliance. A NEPA documented Proposal for Scope of Service& to City of Port orchard Mosquito Fleet Trail I Bay Street Pedestrian Enhancement Project Page 13 of 14 categorical exclusion (DCE) is assumed to be the appropriate NEPA determination. Consultant will prepare a list of contract Items and an engineers estimate for the project. The scope of services for Task 13 will Include: ✓ Preparation of a list of contract Items that will be provided to the City at the 70%, 90% and 100% completion stages ✓ Preparation of an engineer's estimate that will be provided to the City at the 70%, 90% and 100% completion stages ✓ Preparation of a set of quantity calculations for the earthwork quantities including excavation and backfill that will be provided to the City at the 90% and 100% completion stages. ✓ Review the preparation of the quantity calculations by two separate independent sources that will be provided to the City at the 90% completion stage. Task 14: Bid Packaue Documents: Consultant will prepare documentation for Inclusion into the bid package that will be prepared by the City. The documentation will include the following: ✓ Preparation of any required special provisions using the City format and referencing the latest WSDOT Standard Specifications. ✓ Outline specifications for the project will be provided to the City at the 70% completion stage. ✓ Full specifications for the project will be provided to the City at the 90% and 100% completion Stages. ✓ Two printed copies of the list of contract items and Special Provisions will be provided to the City, as well as an electronic copy in MS Word 2003 format, at the 100% completion stage. Task 14 Assumption(s): ✓ The City will prepare standard front end and general conditions and compile project manual for public bid. General Assumptions: ✓ The City will assist the Consultant with arrangements for site access with property owners to allow the Consultant to complete site visits to provide services such as visual reconnaissance, field surveys, geotechnical field exploration, etc. as needed. If site access will not be allowed, the Consultant will complete the site reconnaissance from the closest allowable access location. ✓ With assistance from the Consultant, City staff will be responsible for submitting applications for and obtaining internal City permits and reviews related to site development Including administrative review, grading, site plan review, right-of- way use, shoreline review and other related permits as required. Proposal for Scope of Services to City of Port Orchard Mosquito Fleet Trail / Bay Street Pedestrian Enhancement Project Page 14 of 14 ✓ City will work with the Consultant to provide narrative descriptions of construction methods, timing and proposed Best Management Practices to be used to prepare permit applications. ✓ City staff will be responsible for internal City coordination and appropriate public, tribal and agency notices. ✓ City will promptly complete and submit all required applications associated with and as required by utility providers. ✓ The City will be responsible for all permit and application fees. ✓ The City recognizes and understands that delays beyond the control of the Consultant may negatively impact the project schedule and if such occurs the City will work with the Consultant to modify project deadlines and schedule as appropriate. ✓ The budget and scope of the construction phase for this project will be discussed at the time of construction. Proposed Budget The following is the breakdown of the Tasks with the associated estimated fee for the Task functions (including reimbursable expenses): Phase I - Alienment Stud Task 1 — Topographic Survey and Base Map: $22,006 Task 2 — Preliminary Geotechnical Analysis / Study: $ 4,236 Task 3 — Environmental Review and Documentation $31,366 Task 4 — Preliminary Engineering Design $35,720 Task 5 — Alignment Alternatives Analysis $ 8,192 Task 6 — Preparation of Study Report $ 9,272 Phase 11- Design and Environmental Clearance Task 7 — Geotechnical Analysis ! Report $13,776 Task 8 — Hydrology/Hydraulic Report (Storm Report) $ 51570 Task 9 — Construction Plans Preparation $96,824 Task 10 — Final Design Survey Services $ 7,416 Task 11— Public Involvement $ 4,190 Task 12 — Environmental Clearance $31,384 Task 13 — List of Contract Items and Engineer's Estimate: $. 4,686 Task 14 — Bid Package Documents: $ 6,570 Appraisal Services Allowance (including Prelim Title Report) $ 71500 Phase III — Construction $ TBD Total Estimated Fee: $287,708 Exhibit C Electronic Exchange of Engineering and Other Data In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is to use in preparing electronic files for transmission to the agency. The format and standards to be provided may include, but are not limited to, the following: I. Surveying, Roadway Design & Plans Preparation Section A. Survey Data B. Roadway Design Files C. Computer Aided Drafting Files D. Specify the Agency's Right to Review Product with the Consultant E. Specify the Electronic Deliverables to Be Provided to the Agency F. Specify What Agency Furnished Services and Information Is to Be Provided II. Any tither Electronic Files to Be Provided III. Methods to Electronically Exchange Data A. Agency Software Suite B. Electronic Messaging System C. File Transfers Format DOT Fo iv seE 8105 EF Ezhlbit 0 Exhibit D-2 Payment (Cost Plus a Fixed Fee) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work specified in Section Q, "Scope of Work" The CONSULTANT shall conform to all applicable portions of 49 CFR Part 31. A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost, overhead, direct non -salary costs, and fixed fee. 1. Direct Salary Costs: The Direct Salary Cost is the direct salary paid to principals, professional, technical, and clerical personnel for the time they are productively engaged in work necessary to fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the direct salary costs billed to the AGENCY. 2. Overhead Costs: Overhead Costs are those costs other than direct costs, which are included as such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall be made at the rate shown in the heading of this AGREEMENT under "Overhead Progress Payment Rate." Total overhead payment shall be based on the method shown in the heading of the AGREEMENT. The two options are explained as follows: a. Fixed Rate: If this method is indicated in the heading of the AGREEMENT the AGENCY agrees to reimburse the CONSULTANT for overhead at the percentage rate shown. This rate shall not change during the life of the AGREEMENT. b. Actual Cost: If this method is indicated in the heading of the AGREEMENT the AGENCY agrees to reimburse the CONSULTANT the actual overhead costs verified by audit, up to the Maximum Total Amount Payable, authorized under this AGREEMENT, when accumulated with all other Actual Costs. A summary of the CONSULTANTS cost estimate and the overhead computation is shown in Exhibit "E" attached hereto and by this reference made part of this AGREEMENT. When an Actual Cost method is used, the CONSULTANT (prime and all sub -consultants) will submit to the AGENCY within six (6) months after the end of each firm's fiscal year, an overhead schedule in the format required by the AGENCY (cost category, dollar expenditures, etc.) for the purpose of adjusting the overhead rate for billing purposes. It shall be used for the computation of progress payments during the following year and for retroactively adjusting the previous year's overhead cost to reflect the actual rate. DOT Farm 140.080 EF EON 0.2 Revised 6108 Failure to supply this information by either the prime CONSULTANT or any of their sub - consultants shall cause the AGENCY to withhold payment of the billed overhead costs until such time as the required information is received and an overhead rate for billing purposes is approved. The AGENCY, STATE and/or the Federal Government may perform an audit of the CONSULTANT'S books and records at any time during regular business hours to determine the actual overhead rate, if they so desire. 3. Direct Non -Salary Costs: Direct Non -Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges and sub - consultant costs, a. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the AGENCY'S Travel Rules and Procedures. However, air, train, and rental car costs shall be reimbursed in accordance with 48 CFR Part 31.20546 "Travel Cost b. The billing for Direct Non -Salary Costs shall include an itemized listing of the charges directly identifiable wh the PROJECT. c. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. d. All above charges must be necessary for the services provided under this AGREEMENT. 4. Fixed Fee: The Fixed Fee, which represents the CONSULTANT'S profit, is shown in the heading of this AGREEMENT under Fixed Fee. This amount does not include any additional Fixed Fee, which could be authorized from the Management Reserve Fund. This fee is based on the Scope of Work defined in this AGREEMENT and the estimated person - hours required to perform the stated Scope of Work. In the event the CONSULTANT enters into a supplemental AGREEMENT for additional work, the supplemental AGREEMENT may include provisions for the added costs and an appropriate additional fee. The Fixed Fee will be prorated and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not previously paid in the progress payments will be covered in the final payment, subj act to the provisions of Section IX entitled "Termination of Agreement." 5. Management Reserve Fund: The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $100,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the Management Reserve Fund is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the Management Reserve Fund shall be made in accordance with Section XIV, "Extra Work."6. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the Management Reserve Fund. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIV, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT. B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of Actual Costs plus the calculated overhead and fee on a monthly basis during the progress of the work. Such billings shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under Section III, "General Requirements" of this AGREEMENT. The billings will be supported by an itemized listing for each item including Direct Salary, Direct Non -Salary, and allowable Overhead Costs to which will be added the prorated Fixed Fee. To provide a means of verifying the billed salary costs for CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the PROJECT at the time of the interview. C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit, all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty (30) days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT has twenty (20) days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. D. Inspection of Cost Records: The CONSULTANT and their sub -consultants shall keep available for inspection by representatives of the AGENCY, STATE and the United States, for a period of three (3) years after receipt of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception; if any litigation, claim or audit arising out of, in connection with, or related to this contract is initiated before the expiration of the three (3) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. Exhibit E-1 Consultant Fee Determination - Summary Sheet (Lump Sum, Cost Plus Fixed Fee, Cost Per Unit of Work) Project: Mosquito Fleet Trail Bay Street Pedestrian Enhancement Projects Direct Salary Cost (DSC): Classification Man Hours Bata = S49 Principal Engineer 214.0 X 49.82 $ 10,661.48 Geotechnical Engineer 88.0 X 38.96 3,428.48 Structural Engineer 156.0 X 40.08 6,252.48 Civil Engineer 462.0 X 37.63 17,385.06 Surveyor - PLS 64.0 X 39.75 2,544.00 Survey Technician 96.0 X 32.00 3,072.00 Survey Field Crew 60.0 X 53.33 3,199.80 Draftsman 664.0 X 19.00 12,616.00 Engineering Technician 120.0 X 20.00 2,400.00 Total DSC = $ 61,559.30 Overhead (OH Cost -- including Salary Additives): (Provision 1 OI ate x DSC of 170 °h x $ 61,559.30 Fixed Fee (FF): FF Rate x DSC of 30 % x $ 61,559.30 Relmbursables: Itemized 104,650.81 18,467.79 7,730.00 Subconsultant Costs (See Exhibit G): 95,293.27 Grand Total 287,701.17 Prepared By: liu' % Date: DOT Re 140-089 5 EF EMhlbll E-1 EXHIBIT F NL Olsen and Associates, Inc. Breakdown of Overhead Cost Overhead Schedule Fiscal Year December 31, 2008 Fringe Benefits Payroll Taxes Group insurance Training Vacation, Holiday, Sick, bereavement 40l(k) Bonuses Total Fringe Benefits General Overhead Non -Billable labor Proposal Labor Advertising / Promotional Gifts Bad Debt Bank Service Charge Automobile repair, fuel, mileage Other Consultants Depreciation ProfRslonal Dues, Licenses Publications Durance (i ncl E&O) Lift Insurance Interest (other then Mortgage) Legal / Professional Services Mileage Me & Postage Operating Supplies Survey supplies Computer Maintenance & Software Job Related Expenses Rent Leased Equip Storage Unit Equipment Maintenance Repaint Upkeep Maintenance Cleaning Licenses Taxes Excise Tax Commercial Transportation Lodging Paddng & Tolls Meals Entertainment Utilities Telecommunications Donations Political Donations Vehicle Purchase (Principal) Company Purchase (Principle) Contract Labor Mho Expense Adjustments (Assume 12% OH) Total General Overhead Total Fringe and General Overhead Overhead Ra1c (Less FCCML (Provisional / Un-Audited) N1,01son WS= $ 107.827.03 107,827.03 16.29% $ 74,572.14 74,672.14 11.26% It 4.096.50 4,098.50 0,62% $ 75,483.84 76,483.84 11.40% $ 36.005.98 36,005.98 5.44% $ 18,800.00 18,800.00 2.84% $ 318.785.49 $ $ $ 316,785.49 47.555/o $ 298,205.22 298,205.22 46.05% $ 36,273.00 36,273.00 5.33% 11 14,079.14 14,079.14 2.13% It 15,354.14 15,354.14 2.32% $ 792.64 792.64 0.12% $ 34,692.71 34.992.71 5.29% $ 21,251.58 21,251.68 3.21% $ 34,100.00 34,190.00 5.16% $ 5,029.79 5.029.79 0.76% $ 1,464.07 1,454.07 0.22% $ 50.819.52 50,819.52 ME% $ 956.04 956.04 0.14oA It 55,367.98 55,387.98 8.36oA $ 8,116.94 8,116.94 1.23% 11 8,145.37 8,145.37 1.23% $ 12,407.68 12,407.68 1.67% It 8,385.12 8,385.12 1,27% It 8,284.11 8,284.11 1.25% $ 10.666.93 10,665.93 1.61% $ 7008.50 70,468.50 10.640/a $ 44,314.77 44,314.77 6.690/0 $ 8,018.51 8,018.51 1.21% $ 2,200.00 2,200.00 0.33% $ 26,024.71 26,024.71 3.93% It 4,514.19 4,614.19 0.68% $ 4,654.27 4,854.27 0.70% $ 1,874.75 1,874.75 0.28% $ 10,833.16 10.833.18 1.64% $ 31,814.17 31,814A7 4.81% $ 340.30 340.30 0.05% $ 436.07 436.07 0.07% $ 1,554.40 1.554.40 0.23% It 2,344.01 2,344.01 0.35% $ 270.92 270.92 0.040/6 $ 7,329.80 7,329.80 1.11% $ 18.227.34 18,227.34 2.75% $ 6,130.00 6,130.00 0.93% $ 2,500.00 2,600.00 0.38% $ 13,573.56 13,67&66 2.05% $ 20.078.14 20,978.14 3.17% $ 70,029.84 70,029.84 WAS% $ 1,911.55 1,911.65 0.29% $ (154,908.00) (154,90g,00) -23.40% $ 974,114.94 5 (154,908.00) $ $ 818,206.94 123.75% $ 1,290,900.43 $ (154,908.00) $ $ 1,135,992.43 171.60% 195.00% 171.60% (Use 170r/e) Exhibit G-1 Subconsultant Fee Determination - Summary Sheet (Mandatory when Subconsultants are utilized) Project: Mosquito Fleet Trail Bay Street Pedestrian Enhancement Projects Sub Consultant: Geo Engineers Inc. Direct Salary Cost (DSC): Classification Man Hours Ralf - 929 Associate 30.0 X 51.50 $ 1,545.00 Senior Engineer / Scientist 58.0 X 43.42 2,518.36 Engineer / Scientist 3 237.0 X 27.92 6,617.04 Engineer / Scientist 2 18.0 X 26.50 477.00 Engineer / Scientist 1 34.0 X 22.39 760.92 Senior Technician 34.0 X 23.65 804.10 Word Processor 26.0 X 24.96 648.96 Project Assistant 2 16.0 X 31.17 498.72 Assistant l 20.0 X 24.00 480.00 ,Project Total DSC = $ 14,350.10 Overhead (OH Cost — including Salary Additives):. OH Rate x DSC of 216.55 % x $ 14,350.10 = 31,075.14 Fixed Fee (FF): FF Rate x DSC of 30 % x $ 14,350.10 = 4,305.03 Reimbursables: Itemized = 12,993.00 SubConsultant Total - Grand Total = 62,723.27 Prepared By: �d Date: lv 2i DOT Farmed -089EF ExhIN-0 t G Exhibit G Subcontracted Work The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT: DOT Form 140.089 EF ErhlbBG Revised 6105 Exhibit G-3 Breakdown of Subconsultants Overhead Cost 0.40EU&eera, Ste, Merhead Schodidi Fisciil Year D'mbfmh& 31, 2008 Deterlption Financial Statement AinoUnE CgpAdj. VMOTAdJ, Ref: Aecepted Amount bib Direct Labor Base m=m5132336U6_ ($101,321) A 513,131,725 100.00% Mage lienects Payroll TamS2,157,99! (SWA10) B S1,412,781 14.57% Group Insurance S%386.72S $2 586;725 i3303,097 19.70% 1. /0 worketes Comptmtation $105.097 S3,0S8,764 23.W�o Vacation, fiolidayand Sick $3;058,764 579.8;J02 6.'QVA 401(k) S798J62 S2,3IWI% 52,3242S V' $64;3 g Oc44% Bonusoe Total Fringe Benetlh Sl l 1�6135 _ (S395a1Q} 24 23$) S8 6$ 667 d5:69"/a General Overhead Non-DillableLebor S9,876,645 ($769,00) $341;472 A,DAU 30t414,547 7169% Proposal Labor SO SQ $979,60 U (51,287,T18) R 99701640 (S1,t84;118) 7A6% 4110%a Variance Account Office Rent &Maintenance S2,9tOAS ($64,242) C 32,8W46 21.98°fu Talecoinmunieatians $49U32 5775,615 (S244) (S2.. 93 A D 5491,268 $750.417 3.74% 5.71% Taxes Stl %fti y and Supplies S42b,970 ($3`N") BkQ I,T SS8$,117 &?i 4 2'.93% 4: `%'0 Adminis6rntiveTM401 S33i;623 t9j {�Jb3,7b0) S$t1,916 2 p2a% hi0tess101181 Dues, moothtgs & Lioeased 4I9 R87 (S36,E�1T) B F S7jt91p19 11.059A Deglleatsdotf MA%640 56;779 5518;021 39480 solpmentltedtel&'Maintenance $514021 590;720 {590�20) t3 SO Q.bob/e Bad Debt Professional Com4ltents W74006 (520,442) (S123,406) B,A,S $601,002 4.59% Dusinoss bevolopmmV Marketing Prop. osah $7$168$2 {E510,768) B $190084 1.45% Field and Laboratory Supplica (S203,0$9) $03,026 1 1 $240,567 $65s,415 I M 3.Qlal° Insurance. $1,0L6,,655 ($3516240) ST,087,276 8:28!ie ComputerMairitIdAcdendSoitwaro Reetuldns and Ylelceotten $1,087;2T6 5644,#eA (S$01)0+) p S3M1l,tl$4 2,60°/e Atnoo;? dcttof8ocdwill $li)I7so (S"d87,iK67) M to SO 0,00% 6.005/° Cpmn'hmdbns $;0,740 ($30,740) N 0 SO 0.60?/0 FitiWponaldedUmIldwable S2_$,761 (;22,1$1) L SO O:QO"/o Eomputbr'Technology oflket. ($1,668,277) S(,668,277 (514 I40 w (S64 i403 OrganiaationallAcgwsidoh CoMe JO — --4935% Total Prlogp&General 0verhead $31,5$1931 {SlIiII 9 57259,940 $28238,538 2T5.04°/, Overbud Rate (Less FCCM) 238.6651, FaeilitiesCapitol Cost ofMoney SO $198.809 K l98$08 LSI,Yo S28,d37�4fi Overhead Rate (Includes FCCM) Exhibit G-A Subcontracted Work Oost & Associates The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT: DOT Form 140-059 EF Exhlblt G Revised 8105 Exhibit G-1.A Subconsuitant Fee Determination - Summary Sheet (Mandatory when Subconsultants are utilized) Oost & Associates Project: Mosquito Fleet Trail Bay Street Pedestrian Enhancement Project Sub Consultant: Oost & Associates Direct Salary Cost (DSC): Classification Man Hours alit Planner 218.0 X 115.00 X X X X X X X X Oak $ 25,070.00 Total DSC = $ 25,070.00 Overhead (OH Cost -- including Salary Additives): OH Rate x DSC of % x $ 25,070.00 Fixed Fee (FF): FF Rate x DSC of % x $ 25,070.00 Reimbursables: Itemized SubConsultant Total Grand Total 0.00 0.00 25,070.00 Prepared By: 22§t Date: 16 27 O IL_ 00T Fon Revised 0- 069 EF Exhibit G-1 19935 Stavanger Place NE Poulsho,WA 90310 Phone: 350,310.1253 Email: aostl@camcast.net October 15, 2009 Exhibit G-3.A Breakdown of Subconsuitants Overhead Cost Mr. Norm Olson N.L Olson & Associates 2453 Bethel Avenue Port Orchard, WA 98370 RE: Hourly Rate for the Bay Street Trail Project Dear Norm, My Principal Hourly Rate is $115.00 This rate is customary and has been my hourly rate for several years. I have used this hourly rate consistently in all areas of my professional practice. Oost & Associates has been in business since 1999. We have no employees and operate out of an office in our primary residence. Respectfully, Dennis Oost RLA, ASLA, Principal Exhibit G-1.0 Subconsultent Fee Determination — Summary Sheet (Mandatory when Subconsultants are utilized) Project: Mosquito Fleet Trail Bay Street Pedestrian Enhancement Projects Sub Consultant: Richards&Associates Direct Salary Cost (DSC): Classification Man Hours Bat@ Appraiser 90.0 X 39.40 X X X X X X X X $ 3,546.00 Total DSC = $ 3,546.00 Overhead (OH Cost -- including Salary Additives): OH Rate x DSC of 64 % x $ 3,546.00 = 2,269.44 Fixed Fee (FF): FF Rate x DSC of 30 % x $ 3,546.00 = 1,063.80 Reimbursables: Itemized = 620.76 SubConsultant Total Grand Total (� = 7,500.00 Prepared By: Date: _l0 2 0 DOT Rev eed 80 EF Exhibit G•t Exhibit G-B Subcontracted Work Richards& Associates The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT: DOT Form e14 -08 SF ExblbltG Exhibit G-33 Raymond A. Richards & Associates, Inc. Overhead Schedule Calendar Year December 31, 2008 Appraiser Payroll S 156,324.00 100.00% Fringe Benefits Payroll Taxes $ 15,742.00 Medical Insurance $ 10,46@.00 Total Fringe Benefits $ 26,211.00 18.77% General Overhead Secretarial Payroll $ 26,263.00 Information Services $ 2,631.00 Bank Service Charges $ 121.00 Licences & Professional Dues $ 3,370.00 Insurance $ 3,914.00 Legal $ 665.00 Postage $ 502.06 Office Supplies $ 7,221.00 Expense Reimbursements $ 2,800.00 Building Rent $ 12,000.00 Leased Equipment $ 3,662.00 Equipment Maintenance $ 2,369.00 Taxes $ 5,340.00 Entertainment $ 180.00 Utilities $ 3,634,00 Total General Overhead $ 73,872.00 47.26% Total Fringe and General Overhead $ 100,083.00 64.02% 64°/a Overhead Rate Exhibit H Title VI Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS"), which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non-discrimination: The CONSULTANT, with regard to the work performed during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub -consultants, including procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. 3. Solicitations for Sub -consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub -contract, including procurement of materials or leases of equipment, each potential sub - consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by AGENCY, STATE or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to famish this information, the CONSULTANT shall so certify to the AGENCY, STATE or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non-compliance: In the event of the CONSULTANT'S non-compliance with the non- discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE or the FHWA may determine to be appropriate, including, but not limited to: • Withholding of payments to the CONSULTANT under the AGREEMENT until the CONSULTANT complies, and/or, • Cancellation, termination, or suspension of the AGREEMENT, in whole or in part DOT Form 140.060 EF Exhibit H Revised 6105 6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through (5) in every sub -contract, including procurement of materials and leases of equipment unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub -consultant or procurement as the AGENCY, STATE or FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub -consultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the STATE and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. Exhibit I Payment Upon Termination of Agreement By the Agency Other Than for Fault of the Consultant (Refer to Agreement, Section IX) Lump Sum Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made shall total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the total work required for the PROJECT. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Cost Pius Fixed Fee Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total work required for the Project. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Specific Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT. Cost Per Unit of Work Contracts A final payment shall be made to the CONSULTANT for actual units of work completed at the time of termination of this AGREEMENT. DOT Form 140-089 EF Exhlbil I Revised e106 Exhibit J Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1— Potential Consultant Design Erfor(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Highways and Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 - Project Manager Documents the Alleged Consultant Design Errors) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs, records of labor, materials and equipment. Step 3 — Contact the Consultant Regarding the Alleged Design Errors) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design errors) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manger and any personnel (including sub -consultants) deemed appropriate for the alleged design errors) issue. Step 4 — Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultant's alleged design error(s), there are three possible scenarios: It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place. The agency is to provide H&LP, through the Region DOT Form 140.089 EF Exhlbll J Revised 0/05 Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements. No further action is required. There is not a mutual agreement regarding the alleged consultant design effor(s). The consultant may request that the alleged design errors) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. Step 5 — Forward Documents to Highways and Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Highways and Local Programs Engineer to H&LP for their review and consultation with the FHWA. H&LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary, H&LP will request assistance from the Attorney General's Office for legal interpretation. H&LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement. If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. H&LP, in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue. If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or by litigation. Exhibit K Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step I — Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 — Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1, the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Highways and Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Highways and Local Programs (if applicable), and FHWA (if applicable) agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim. After the request has been approved, the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. DOT esd069 EF Exhibit KRv a91 If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures. Step 3 — Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following; • Copy of information supplied by the consultant regarding the claim; • Agency's summation of hours by classification for each firm that should be included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; • Explanation regarding those areas in which the Agency does/does not agree with the consultant's claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s); and • Recommendations to resolve the claim. Step 4 — Director of Public Works or Agency Engineer Reviews Consultant Clain and Agency Documentation The Director of Pubic Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Highways and Local Programs and FH WA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5 — Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim(s) and rationale utilized for the decision. Step 6 — Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. Exhibit M-1(a) Certlflcatlon Of Consultant Project No. Local Agency I hereby certify that I am and duly authorized representative of the firm of N.L. Olson & Associates, hic. whose address is and that neither I nor the above firm I here represent has: (a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure the AGREEMENT; (b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or (c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any); I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Date DOT FnorM 1144 -00 9 EF Exhibit M-I(e) c Signature Exhibit M-1(b) Certification Of Agency Official I hereby certify that I am the AGENCY Official of the Local Agency of City of Port Orchard Washington, and that the consulting firm or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: (a) Employ or retain, or agree to employ to retain, any firm or person; or (b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or. consideration of any kind; except as hereby expressly stated (if any): I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. De DOT FFonc14d8089 EF Exhibit M-I(b) Exhibit M-2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters -Primary Covered Transactions The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal deparbnent or agency; B. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (1) (B). of this certification; and D. Have not within a three (3) year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. 11. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Consultant (Firm): N.L. Olson & Associates, Inc. (Date) DOT Form 14M89 EF Exhibit M-2 Revised 6105 i i v (Signgt re) resident or Authorized Official of Consultant Exhibit M-3 Certification Regarding The Restrictions of The use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1.No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, 'Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Consultant (Firm): N.L. Olson & Associates, Inc. fy 17 1r ate) DOT Farm 140-089 EF E#d01t M-3 Revised 6105 Signat Pry dent of Authorized Official of Consultant 9 Supplemental Signature ConsultanUAddress/Pelephone N.L. Olson& Associates, Inc. Page for 2453 Bethel Avenue Standard Consultant Port Orchard, WA 98366 Agreement (360)-876-2284 Agreement Number Project Title And Work Description Mosquito Fleet Trail Bay Street Pedestrian Enhancement Projects Federal Aid Number STPE 0166-(008) Local Agency City of Port Orchard THIS AGREEMENT, made and entered into this 27 day of October , 2009 , between the Local Agency of City of Port Orchard Washington, hereinafter called the "AGENCY", and the above organization hereinafter called the "CONSULTANT". In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year first above written. CONSULTANT By ol") Consultant A). By Consultant DOT Form 140.089 EF Appendix 31.810 Revised 0105 LOCAL AGENCY By Agen By Agency By Agency By Agency City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Business Item Subject: Approval of Contract No. Co16-10, Ratifying the Mayor's Signature for Festival Foot Ferry Service with Meeting Date: March 9, 2010 Prepared by: Patti Kirkpatrick, CMC Citv Clerk Atty Routing No: NA Kitsap Harbor Tours Atty Review Date: NA Summary: During the 2010 Budget process, the City Council approved the use Hotel/Motel funds for Foot Ferry service hours for Festivals that fall on Sundays, due to reduction of foot ferry service by Kitsap Transit. The City Clerk has negotiated with Kitsap Harbor Tours to operate the Foot Ferry on four festival event days that fall on Sunday and Monday for an hourly rate of $146.25 per hour not to exceed eight (8) hours per event day. Kitsap Harbor Tours will charge $2 each way, with kids under 5 years riding free. The fares collected will be deducted from the total bill for that event day. Invoices will be sent to the City of Port Orchard and the City Clerk will ensure payment is made by all three parties, the City of Bremerton, Port of Bremerton, and the City of Port Orchard. Recommendation: Staff recommends that the Council ratify the Mayor's signature for Festival foot ferry service with Kitsap Harbor Tours, with the City's one-third share to be paid from Hotel/Motel Tax fund in an amount not to exceed $2,900. Foot Ferry service will be available for the following event days: • Kitsap Harbor Festival: May 30-31, 2010 • Fathoms of Fun: July 4, 2010 • The Cruz Car Show: August 8, 2010 • Blackberry Festival: September 5-6, 2010 Motion for consideration: I move to approve Contract No. Co16-1o, ratifying the Mayor's signature for Festival Foot Ferry Service with Kitsap Harbor Tours, LLC, with the City's one- third share to be paid from Hotel/Motel Tax fund in an amount not to exceed $2,900. Fiscal Impact: Hotel/Motel Tax funds for 2010 budgeted. Attachments: Contract No. Co16-10 February 24,2010 Kitsap Harbor Tours, LLC 14555 Olympic View Lp.Rd. NW Silverdale, WA. 98383 Phone (360) 692-1846 Fax (360) 307-0140 Port Orchard Office (360) 876-1260 To: City Of Port Orchard 216 Prospect Street Port Orchard, WA. 98366 Attn: Patricia J. Kirkpatrick Contract No. C016-10 RECEIVED MAR 0 3 2010 CITY OF PORT ORCHARD CITY CLERKS OFFICE Kitsap Harbor Tours, LLC agrees to provide Ferry Service to the City of Port Orchard on the following days for the amount of $146.25 per hour not to exceed 8 hours per day. May 30th & 31st 2010 - Harbor Festival - time - TBD July 4th 2010 - time - TBD August 8th 2010 - Cruz Car Show - 8AM to 4PM September 4th our regular run but will do our last run from Bremerton @8PM - no charge September 5th - time 10AM to 7PM September 6th - time 10AM to 6PM Cost $2.00 per person each way, Adults & Children over the age of 5yrs. will be collected for each way trip. This money will be duducted from the total bill for that day. Any Questions please contact Rick Leenstra, Jr. @ (360) 204-03 Richard B. Leenstra, Jr. Of Patricia`J. Kirkpatrick, City Clerk Agenda Item No. Subject: City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 0 FAX (36o) 895-9029 Agenda Staff Report Business Item'7D Discussion: Kit —Net Fiber Meeting Date: March 9, 2010 Prepared by: Patti Kirkpatrick, CMC Network Build -Out Letter Supporting ARRA Stimulus Grant Atty Routing No: Atty Review Date: NA Clerk Summary: Mayor Coppola received a request from Mary McClure, Kitsap Regional Coordinating Council for letters of support for the second round of ARRA Stimulus Grant for the full build -out of Kit —Net Fiber. This is County -wide and there is a matching grant commitment of $5,000 per City for over a three-year period. Before the Council are the Key Points Overview compiled by Bud Harris, Kitsap County. Should the Council decide to support the grant, but not commit to the matching grant, no action is required other than to notify KRCC of that decision. Should the Council decide to support the grant and commit $5,000 per City for over a three-year period, it is requested that a motion be made as follows: I move to authorize the Mayor to write a letter of support for the Kit —Net Fiber Network Build - Out for Grant Funds through the ARRA Stimulus Grant and to further authorize the commitment to share in the costs of the matching grant in an amount not to exceed $5,000 per City for over a three-year period. Attachments: ARRA/NTIA Broadband Stimulus Round-2 Key Points Overview Department of Information Services & Facilities Kitsap County Courthouse 614 Division Street, MS-21, Port Orchard, Washington 98366-4676 Phone (360) 337-4405 • Fax (360) 337-4911 Bud J. Harris, Director ARRA/NTIA Broadband Stimulus Round-2 Key points Overview Members of KRCC Kit -Net Policy Advisory Group are working with NoaNet (Northwest Open Access Network), KPUD (Kitsap Public Utility District), and WA -State DIS (Department of Information Services) in preparing ajoint application for Broadband Stimulus Funding. Backl1round: 1. Major participants are: a. Central Kitsap School District (CKSD); Central is the only remaining Kitsap school district that is severely lacking in fiber to all their education locations b. Kitsap Regional Library (KRL), two or three remaining locations are lacking in high-speed fiber to their locations c. KRCC Kit -Net; membership includes the County, Cities, Tribes, CenCom, DEM, School Districts, and Fire Agencies 2. Approach of the application as it relates to the county overall includes: a. Expanding Care -Net fiber backbone for the purpose of Public Safety as has been presented through the Concentric Circles diagrams. Schools and Libraries become critical components should there be a major and/or catastrophic event. b. The multi -purpose bi-product is that schools and libraries are all in need of higher -speed broadband to educational purposes. c. KRCC Kit -Net objectives include: i. Redundant/alternate network routes for 1. Kitsap County, hub of Law/Fire Cops -Net 2. CenCom DEM, 911-PSAP (Public Safety Answering Point) for Law/Fire Cops -Net 3. EOC's (Emergency Operation Centers) for County and all four Cities Page 1 of 2 Financial Recap: a. Grant request is estimated to be in the two -million range b. ARRA/NTIA will only accept requests between 5 and 150 million, i.e., we have to "partner" with someone. NoaNet was successful in Round-1. All applications have to be endorsed by State DIS before going to ARRA/NTIA c. Thirty percent "match" estimated breakdown is: i. 20% via KPUD pre-existing network in -place as "in -kind" ii. 10% (est. $200,000) needs to be "cash", to be paid over a three-year once the grant has been accepted 1. CKSD is the major beneficiary and will likely be in the $140,000 range KRL will only have two or three locations, est. $5,000 KRCC member possible scenario: a. County - $25,000 b. Cities - $5,000 each (total $20,000 c. CenCom/DEM - $5,000 d. Tribes - $2,500 each (total $5,000) Action Items: The complete package has to be electronically submitted by March 15d'. We are asking for all supporting documents to be submitted by March 5d'. 1. We are requesting each jurisdiction generate a Letter of Support, stating why the Broadband Stimulus is important and/or valuable to their jurisdiction and/or organization. 2. We "have to have" Letters of Financial Commitment (see item 3, Financial Recap) that collectively add -up to ten percent of the estimated total project. Discussion is anticipated at the March 2nd KRCC Board meeting. We expect to have a closer estimate of the project as it relates to Kitsap County by then. Questions: Please contact Kirsten Jewel, Mary McClure, or Bud Harris. C:\Osers\rtueker.CITYHALLWppData\Local\Microsoft\Windows\Temporary Internet Files\ContenLOntiook\87QV4L29\Round 2 Support Ltr Overview (2).doc Eli /0 0 § 3 2 °y%G ; 2§o0a)S2»e ; f§\O 8 ` 88 ) zoa® E#�77m ;//\®«f 2\\/®§i E—� E �55-5a a coma °y a °/E®$ , I=® . E%=�z@ E— ! e=2222 0(ULL �_� 0 ID B \\j} �� E )5] ± E f/y/} / /\0 \ � LL \ k Q J b � E \\ )\\y 7ƒa® j� � ) ) % Patricia J. Kirkpatrick From: Mary McClure [McClure@KitsapRegionalCouncii.org] Sent: Wednesday, March 03, 2010 3:08 PM To: 'Becky Erickson'; 'Becky Erickson (home)';'Bill Mahan'; 'Carolyn Powers'; 'Charlotte Garrido'; 'Dale Rudolph'; 'Dianne Robinson'; 'Hilary Franz'; 'Jeromy Sullivan'; Jim Colebank; 'Jim Colebank *';'Josh Brown '; 'Kelly Baze'; 'Kim Brackett'; 'Kirsten Hytopoulos'; 'Kirsten Jewell'; Lary Coppola; 'Leonard Forsman'; 'Mary McClure; 'Rob Purser'; 'Roger Zabinski '; 'Steve Bauer'; 'Tom Danaher'; 'Vicky Clarke' Cc: 'Bud Harris'; 'Carly Michelson '; 'Dana Daniels'; 'Deanna Erstad'; 'Elaine Valencia'; 'Ginger Ways'; Jenine Dennison; 'Jill Boltz';'Kara Horton';'Kate Brown'; 'Lisa Montgomery'; Nancy Hahn ; Patricia J. Kirkpatrick; 'Shelley Kneip' Subject: ARRA Broadband Stimulus Grant Application Materials Attachments: Overview.doc; Copy of Stimulus Grant Match.xls; Concentric rigns only chart.pdf KRCC Board Members - Herewith info re: ARRA Broadband Stimulus Grant for which we are seeking letters of support and financial commitment. Please note that some detailing of the financial commitment piece is on -going this week, so please let me know as soon as practicable what your jurisdiction's position is. Note: $5,000 as shown herein is the ceiling of your sought-after commitment. I hope this is useful to your council discussions. Please feel free to contact me about any other details. << ... >> <<...>> << ... >> Mary Mce6are Executive Management by McClure Consulting LLC Kitsap Regional Coordinating Council 360-377-4900 (voice) 360-297-7762 (fax) P.O. Box 1934 Kingston, WA 98346 www.Kitsai3RegionalCouncii.org �e ✓ To briefly put this into perspective: 1. Central Kitsap School District is clearly one of the major targets, will gain the most benefit, and logically will pay the majority of cash match. 2. The broader focus of the grant is what we refer to as CareNet. I've added the brief overview slides that have been presented to the KRCC Board on a couple of occasions, and again just a couple of weeks ago. CareNet is a network of last resort for the purposes of public safety. Kitsap Public Utility District is offering this service to City EOC's, Fire Agencies, and Police Stations. 3. By expanding the fiber backbone to anchor government tenants we not only get better coverage to first responders, we also provide more readily available fiber for economic development. Once a broader fiber backbone is in -place, adding drops to homes and businesses becomes much more financially attainable. 4. On a broader scale we are seeking Redundant/Alternate path routing to EOC's (Emergency Operations Centers) for CenCom/DEM, County, and all four cities. Public Safety is highly dependent on communications. In most locations we have single points of access, resulting in single points of failure. Disruption to county -wide communication could come from the proverbial backhoe incident, automobile accident (telephone pole) or earthquake. Having alternate routes, paths, and county "rings" dramatically reduces the single point of failure impacting all 250,000 county -city residents.