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HomeMy WebLinkAbout5012Contract Number: Vendor• Sub�ect. Department File Class: Begin Date: End Date: Review Date: Vault Date: 5012 INCA ENGINEERS, INC. DBA TETRA TECH INCA Highway Safety Improvements Engineering LEG 12-1 2/18/2011 5/31/2011 4/29/2011 Comments : PROFESSIONAL SEIt�ICES AGREEMEI�TT Highway Safety I�provements Tetra Tech INCA ' � IN�A CrSine�rs, lnc. • CdbaTt�a Tt��+ ��) The City of Bremerton ("City") and �e T__L TAT/'� A �«Consultant"), referred to collectively as the "Parties," enter into the followulg Agreement for professional services• I. Scope: T'he Consultant agrees to perform the services more specifically descnbed m the Scope of Work, dated January 7, 2011, mcludmg any attachments thereto , attached hereto as Exlubrt A, wluch is incorporated by reference herein The Scope of Work may be modified only pursuant to Section VII G of tlus Agreement If the Scope of Work provides for unspecified additional services such services sha11 only be performed upon the express wntten request of the Crty Consultant further represents that the services furnished under tlus Agreement will be performed in accordance with generally accepted professional practices in effect at the tune such services are performed II. Term: The Crty and the Consultant agree that work will begin on the tasks described in Exhibrt A immediately upon execution of this Agreement. The parties agree that the work descnbed in Exhibrt A is to be completed as provided for m the work schedule attached hereto as E�ubit B; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in sechon IX (A) of tlus agreement III. Compensa�on: In consideration of the services provided pursuant to tlus Agreement, the City shall pay Consultant in an amount not to exceed $75,218 38 Consultant's charges and bills shall conform to the fee schedule atta.ched hereto as Exl�ubrt C and incorporated herem by this reference The Consultant shall submit regular billmg statements detailing work performed and amount charged on each task or portion thereof The descnptions shall conform to and fa11 wrtlun the categones set out in the Scope of Work andlor Fee Schedule Upon receipt of a conformmg billing statement, the Crty sha11 promptly process payment PROVIDED, HOWEVER, the Crty reserves the nght to pnontize scoped work and accelerate and/or delay work tasks under the time frame set forth m Section II herem The Consultant's labor rates and billmg fees sha11 be as delmeated m Exlubrt C Consultant sha11 not perform work beyond the Scope of Work, nor sha11 be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be m accordance wrth Exlubrt C If a billing statement does not conform to tlus Agreement, the City may withhold payment until the statement is brought into compliance Such withholdmg does not relieve Consultant of rts obligations under tlus Agreement Bremerton/Tetra Tech INCA Hig Safetv Improvements Page 1 of 6 IV. Relataonship of Parties: Consultant represents that it is slcilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities witlun its field of expertise Consultant and rts personnel are mdependent Consultants and not employees of the Crty Consultant and its personnel have no authonty to bmd the Crty or to control the City's employees and other Consultants. None of the benefits provided by the City to rts employees, includmg, but not lunited to, compensation, insurance, and unemployment insurance are ava.ilable from the Crty to the employees, agents, representatives, or sub-Consultants of the Consultant Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-Consultants during the performance of this Agreement The Crty may, dunng the term of tlus Agreement, engage other independent Consultants to perform the same or similar work As an independent Consultant, Consultant is responsible for rts own management. The City's administration and enforcement of this Agreement sha11 not be deemed an exercise of managenal control over Consultant or its personnel As an independent Consultant, Consultant is responsible for payment of all taxes and licensmg fees necessary to perform its obligations under tlus Agreement These taxes and fees include but are not limrted to State mdustrial msurance, Business & Occupation, State professional licensing, and Crty business licensing. If any taxes or fees due the Crty have been declared delmquent, the Crty may wrthhold the delmquent amount, plus any addrtional charges ansing from the delmquency, from any payments due Consultant V. Indeffinification: Consultant shall defend, indemrufy and hold the City, its officers, officials, employees, agents and volunteers harmless from any and a11 claims, m�unes, damages, losses or surts, mcludmg a111egal costs and attorney fees, arising out of or m connection wrth the performance of ttus Agreement, except for that portion of the m�unes and damages caused by the Crty's sole negligence The Crty's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemrufication Should a court of competent �unsdiction determine that this Agreement is subject to RCW 4 24.115, then, m the event of liability for damages arising out of bodily in�ury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, rts officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence � IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE. TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER The provisions of tlus section sha11 survive the expirahon or termination of tlus Agreement Bremerton/Tetra Tech INCA Hi hway Safety Improvements Page 2 of 6 VI. Insurance: The Consultant sha11 procure and maintain for the duration of the Agreement, msurance aga.mst claims for mjuries to persons or damage to property wluch may anse from or in connection wrth the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-Consultants Before begmmng work on the project described in tlus Agreement, the Consultant sha11 provide a Certificate of Insurance evidencmg 1. Auto�aolbile Liabilitv msurance with lirruts no less than $1,000,000 combined single limrt per accident for bodily in�ury and property damage, and 2. Commerci�l General Laabil'aty msurance wntten on an occurrence basis with limits no less than $1,000,000 combined smgle limrt per occurrence and general aggregate for personal in�ury, bodily in�ury and property damage Coverage sha11 mclude but not be limrted to. blanket contractual, products/completed operations/broad form property damage, explosion, collapse and underground (XCU) if applicable, and employer's liabihty, and 3. Ezcess Liability msurance with limits not less than 1,000,000 lunit per occurrence and aggregate. 4. P�ofessaonal I.iability insurance vv�th limits no less than $1,000,000 limit per occurrence/claim Any payment of deductible or self insured retention shall be the sole responsibilrty of the Consultant All required policies shall be provided on an"occurrence" basis except professional liabihty msurance (if required), wluch may be provided on a"clauns-made" basis The Crty shall be named as an addrtional msured on the Commercial General Liabilrty insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, wluch names the Crty as an addrtional insured sha11 be attached to the Certificate of Insurance The City reserves the nght to receive a certified copy of a11 the required insurance policies and endorsements The Crty further reserves the nght to re�ect any unacceptable policies andlor endorsements The Consultant's Commercial General Liability msurance shall contain a clause stating that coverage shall apply separately to each msured against whom claun is made or surt is brought, except with respects to the limrts of the insurer's liabilrty The Consultant's msurance shall be primary msurance as respects the Crty and the City shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage The City also reserves its unqualified nght to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy wrth all endorsements as evidence of coverage Bremerton/Tetra Tech INCA Highwa�Safety Improvements Page 3 of 6 VII. General Conditions: A Reports and Information When requested by the Crty, Consultant shall furnish periodic reports and documents on matters covered by tlus Agreement The reports and documents shall be furnished in the t�me afid form requested Consultant shall maintain accounting records m accordance with Generally Accepted Accounting Pruiciples (GAAP) to substantiate all billed amounts B Ownership and Use of Records and Documents Onginal documents, drawings, designs and reports, mcluding those in electronic format, developed under this Agreement are the property of the Crty. All written information subrrutted by the Crty to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relatmg to rts own busmess If such uiformation is publicly available or is already m Consultant's possession or known to rt, or is rightfully obtained by the Consultant from tturd parties, Consultant sha11 beaz no responsibility for its disclosure, madvertent or otherwise. All data, documents and files created by Consultant under tlus Agreement may be stored at Consultant's office m 400 112th Ave NE, Suite 400, Bellevue, Waslungton. Consultant shall make such data, documents, and files available to the Crty upon its request at all reasonable times for the purpose of editing, modifying and updahng as necessary unt�l such tune as the City is capable of stonng such mformation in the City's o�ces Duplicate copies of tlus mformation sha11 be provided to the Crty upon rts request, and at reasonable cost. All documents, mcluding all reports, drawuigs, specifications, computer software or other items prepared or furrushed by Consultant pursuant to tlus Agreement, are instruments of service wrth respect to the pro�ect and are the property of the Crty Any reuse by the City for other than the specific purpose mtended will be at Crty's sole nsk C Work Performed at Consultant's Risk. Consultant shall take a11 precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and sha11 utilize all protechon necessary for that purpose. All work shall be done at Consultant's own nsk, and Consultant shall be responsible for any loss of or damage to matenals, tools, or other articles used or held for use in connection with the work D Place of Work The Consultant shall perform the work authonzed under this Agreement at its office in 400 112th Ave NE, Surte 400, Bellevue, Washington Meetings with the City staff as descnbed in Exlubrt A, Scope of Work, shall take place at the Crty's offices, or at locations mutually agreed upon by the parties E Entire Agreement Tlus Agreement and its Exlubrts constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of tlus Agreement F Severabilrtv Should any part of tlus Agreement be found void, the balance of the Agreement shall remam in full force and effect Bremerton/Tetra Tech INCA Highwav Safet�provements Page 4 of 6 G Modification Tlus Agreement may only be modified by written instrument signed by both Parties H Wntten Notices All commumcations regardmg this Agreement sha11 be sent to the parties at the addresses listed below by registered or 1 st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in tlus Agreement or such other address as may be hereafter specified m wnting Crty Address Attn Eduardo H Aban, PE 3027 Olympus Dnve Bremerton, WA 98310 Consultant Address Attn David R Alm, PMP 400 112th Ave NE, Suite 400 Bellevue, WA 98004 I Waiver Failure to enforce any provision of tlus Agreement shall not be deemed a waiver of that provision Waiver of any nght or power arising out of this Agreement shall not be deemed waiver of any other right or power J Non-Wasver of Breach• The failure of the Crty to msist upon stnct performance of any of the covenants and agreements contained herein, or to exercise any opt�on herein conferred in one or more instances sha11 not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect K Compliance with Laws Consultant sha11 comply wrth all applicable Federal, State, and local laws m performmg rts obligations under tlus Agreement L Choice of Law and Venue T�us Agreement sha11 be interpreted according to the laws of the State of Washmgton Any Judicial action to resolve disputes arising out of tlus Agreement shall be brought in Kitsap County Supenor Court M. Attornevs' Fees• In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees N Assi ent. Any assignment of tlus agreement by the Contractor wrthout the written consent of the City shall be void VIII. Nondiscramination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national ongin, sex, religion, age, marital status, disability, or sexual onentation except for employment actions based on bona fide occupational qualification. Furthermore, the Consultant shall be in compliance vv�th the specifications m Exhibit H, Title VI Assurances IX. Terxnina4ion: Tlus Agreement shall remaui in force until complet�on and acceptance of the services, tertnmated by written insttwnent upon mutual consent, or by the Crty of Bremerton for convenience T'his Agreement may be immediately ternunated for cause by a Party if the other Pariy substantially fails to perform through no fault of the termmatmg Party, and the non- performing Party does not commence correction of the failure of performance wrthin thirty (30) Bremerton/Tetra Tech INCA Hi hway Safet�provements Page 5 of 6 days of the terminatmg Party's sending notice to the non-performing Party Any Notice by Consultant shall include a report showing the status of a11 items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work descnbed in Section I herein, and that funding is vv�thdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of tlus Agreement and prior to the completion of the work, the City may summanly terminate tlus Agreement A Excusable Delavs The nght of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to 1) any acts of the federal government in controllmg, restrict�ng, or requisrtiorung matenals, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causmg such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, stnkes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City witlun ten (10) calendar days in wnting of the cause of the delay If, on the basis of the facts and the terms of tlus Agreement, the delay is properly excusable, the Crty shall, in wrrting, extend the time for completing the work for a penod of t�me commensurate wrth the penod of excusable delay B Ri ts Upon Ternunation: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termmation, as descnbed on a final invoice submitted to the City After termmation, the City may take possession of all records and data witlun the Consultant's possession pertairung to tlus pro�ect wluch may be used by the City wrthout restnction Any such use not related to the pro�ect wluch Consultant was contracted to perform shall be wrthout liabilrty or legal exposure to the Consultant CITY OF BREMERTON CONSULTANT � ���. /.i/ : ��i. . 1.'� � � I. - ' � orm / remerto ity Attorney R�I.EGAL\Contracts�FORMS�Professional Serv�ces Agreement Form (2003) doc �:�`�/ /./.%I BremertoniTetra Tech INCA Hi�hwa�Safetv Imnrovements Page 6 of 6 City of Bremerton Professional Services Agreement EXHIBIT A Highway Safety Improvement Project Development SCOP� OF WORK Project Description: The Crty of Bremerton (CITY) was awarded a grant as outlmed in the CITY's Grant Prospectus to implement measures to reduce the potential for future accidents at qualifymg high accident locations withm the city The CITY desires to accelerate pro�ect development by retammg professional engmeermg services The CITY has completed a consultant selection process and selected INCA Engmeers, Inc (CONSULTANT) to provide the necessary engmeermg services to support pro�ect development The CITY will utilize engmeermg consulting services m the prelimmary engmeermg phase (PE) of pro�ect development to evaluate the scope concepts described m the pro�ect grant prospectus, either confirmmg the existmg scope or identifymg and Justifymg changes to most effectively reduce accident potential Consultmg services will also be utilized to prepare plans, specifications and an engineer's estimate (PS&E) for mstallation of the safety improvements selected as most effective in the earlier PE phase, up to the amount available m this contract The CONSULTANT will continue to assist the CITY through the eventual construction phase of the pro�ect This contract scope mcludes all tasks assumed to be necessary to provide necessary engmeermg support services throughout all pro�ect development phases Analysis Assumptions: • The CTTY will provide the CONSULTANT with a copy of the Grant Prospectus and other grant materials • The CITY will provide the CONSULTANT with the necessary traffic count data • T'he CITY will provide the CONSULTANT wrth the necessary traffic accident data • The CTTY will provide the CONSULTANT with the necessary mtersection improvement drawmgs and available utility data • The CONSULTANT will act as an agent of the CITY m representmg pro�ect issues to WSDOT, University of Washmgton, PSRC and utilities Design Standards and References: The followmg design standards and references are to be followed durmg the development of the pro�ect • City of Bremerton Design Standards, Standard Details, and notes • Manual of Uniform Traffic Control Devices for Streets and Highways (MUTCD) • American Association of State Highway Transportation Officials (AASHTO) � WSDOT Design Manual, Standard Plans as required, and Standard Specifications EXHIBTT A City of Bremerton Professional Services Agreement Page 1 of 4 Traffic Safety Improvement Pro�ect Development Scope of Work January 7 2011 • CONSULTANT AutoCAD Standards • WSDOT Environmental Procedures Manual • WSDOT Local Agency Guidelmes (LAG Manual) Task 1.0 Project Management The CONSULTANT shall prepare mvoices and progress reports to the CITY In addition this task provides for progress meetmgs with CITY staff, other consultants and stakeholders, as well as pro�ect coordmation with outside agencies. Five meetmgs are assumed to be attended by the CONSULTANT • Deliverable(s): Monthly mvoices and progress reports Task 2.0 Existing Conditions The CONSULTANT shall review and analyze the Grant Prospectus for the Highway Safety Improvement Pro�ect as provided by the City of Bremerton, and all other available analysis, operational data, physical conditions, opportumties and constramts at each candidate location The CONSULTANT would mvestigate reasonably retrievable accident records, conduct visual survey of all the candidate locations, and mterview key personnel • Deliverable(s): A design narrative featurmg the compilation of key data and presentation of key findmgs, opportumties, and constramts discovered m researchmg the candidate mtersections Task 3.0 Assessment Recommendations Workmg with the CITY, the CONSULTANT shall evaluate the candidate locations to� identify candidate safety mitlgation strategies factors to confirm the expenditure plan of the grant prospectus or to offer alternative pro�ect components Cost will be a factor m the evaluation to make sure implementation will be withm budget limrtations The CONSULTANT would develop an evaluation summary for the recommended candidate improvement components � Deliverable(s): A summary memorandum identifying and assessmg the proposed pro�ect safety mitigation measures providmg a high-level discussion of the evaluation methodology EXHIBTI' A City of Bremerton Profess�onal Serv�ces Agreement Page 2 of 4 Traffic Safety Improvement Pro�ect Development Scope of Work January 7 2011 Task 4.0 Develop PS&E for a Construction Bid Package The CONSULTANT will support the City m the development of Plans, Specifications and Estimate (PS&E) for the pro�ect improvements for a total contract price not to exceed $75,218 38 Pro�ect work could mvolve • Prelimmary design (30°Io) on multiple candidate pro�ects • Intersections with scope to mstall or upgrade traffic signal systems • Intersections with in-pavement flashmg systems • Provision of the sigmng/markmg, lightmg, ADA curb and ramp improvements, and traffic signal equipment upgrades in alignment with the mtent of the grant prospectus, pendmg prioritization of available resources m accordance with the Evaluation Report and Implementation Plan • The expenditure plan and would reflect the most effective utilization of design and construction resources in accordance with the Task 3 Evaluation Report and Task 4 Implementation Plan • Sigmng and markmg plans will provide clear mtent to the contractor utilizmg only a schematic level of detail • CONSULTANT review of CITY-developed PS&E 4.1 Preliminary (30%) Plans and Estimate Preparation The CONSTULTANT will support the CTTY m the development of prelimmary construction plans and cost estimates for the candidate construction components sufficiently prioritized by the Task 3 Evaluation It is assumed that the prelimmary engineermg and estimatmg effort would be mtegral with the Task 3 and Task 4 efforts, and would examme and mature prelimmary designs on many candidate pro�ects as part of the evaluation effort 4.2 90% Plans, Specifications and Estimate Preparation The CONSULTANT will support the CITY m the preparation of 90°Io Construction Plans, Specifications and Estimate and 90% Design Narrative at the direction of the CITY up to the amount available in this contract The CONSULTANT shall conduct QA/QC reviews by senior engmeers The CONSULTANT pro�ect manager and engmeer shall attend a design review meetmg to discuss CITY comments The CONSULTANT shall prepare wr�tten responses to the 90% review comments EXI-IIBTT A City of Bremerton Profess�onal Serv�ces Agreement Page 3 of 4 Traffic Safety Improvement Pro�ect Development Scope of Work January 7 2011 4.3 100% Contract Document Preparation The CONSULTANT will assist the CITY m the preparation of the Construction Plans, Construction Specifications, and Engmeer's Estimate to the 100% completion level at the direction of the CITY up to the amount available m this contract The CONSULTANT shall conduct QA/QC reviews by senior engineers The CONSTULTNAT pro�ect manager and engmeer shall attend a design review meetmg to discuss CITY comments The CONSULTANT shall prepare written responses to the 90% review comments 4.4 Final Revisions The CONSULTANT shall make mmor revisions to the Plans, Specifications and Estimate to mcorporate the 100% review comments at the direction of the CITY up to the amount available m this contract The final Contract Plans will mclude all complete drawings with the CONSULTANT's engineermg stamp, date and signature The Contract Provisions document will be complete and ready to use durmg bid advertisement The CONSULTANT shall also prepare a final Engmeer's Estimate of probable construction cost The CONSULTANT shall not make any further changes to the documents without approval of the CITY This effort is assumed as a mmor effort to address minor plan and specification issues Design changes are not provided for this submittal Deliverable(s): • One (1) full-size paper copy of the Final Contract Drawmgs • Five (5) half-size paper copy of the Final Contract Drawmgs • Two (2) copies of Final Contract Specifications • One (1) copy Final Engmeer's Estimate • One (1) CD electronic submittal files o Plans o Specifications o Engmeer's Estimate Task 5.0 Additional Services The CONSULTANT will assist the CITY with addrtional services as directed in writmg by the CITY to assist m pro�ect development as needed - EXHIBTT A C�ty of Bremerton Profess�onal Serv�ces Agreement Page 4 of 4 Traffic Safety Improvement Pro�ect Development Scope of Work January 7 2011 EXffiBIT B SCHEDULE 1 0 Pro�ect Management � 0 Ex�sting Condi#ions 3 0 Assessment Recommendations 4 Q PS&E 4 1 30% Prelirninary Pians 4 2 90°Io PS&E 4 3 100% Contract Dacuments 4 4 Final Revisions 84d 15d 6d 40d 2d 1$d 15d 15d Tue 2/22/11 Tue 2/22111 Tue 3/15/11 Wed 3/22/1 � Wed 3/22/11 Fri 3I25/11 Wed 4/2Q/11 Wed 5/11 /11 Fn 6/17/11 Man 3/14/11 Tue 3122/11 Tue 5/31 /11 Thu 3124/11 Tue 4/19I11 Tue 5/10/11 Tue 5/31 /11 Notes 2 0 The task wdl include the gathenng, orgamzation, and analysts of the iraffic acadent data necessary to determine the causaUon patterns, altowing an ident�fication of effect�ve mitigaUon Anatysis of exisUng cond�tions would inciude 6eld logging and inventory at 19 locations Several mit�gation dec�sions wouid be reached dunng th�s task on the fly in the field based on causation understandmg, famtliarity w�th m�tigation alternatives and costs 3 0 The mitigation recommendations started dunng the field inventory would be completed with a few more days of research and documentat�on at locations v+ith afternat�ves or previously inadequete informat�on 4 0 Signal design, signai equipment upgrades, and ramp replacements would be accompl�shed with marginal base mapping, incornplete field invest�gation (such as no proofing of condud) and would therefore have s�gmficant nsk of mis�udgmg the amount of work and cost potentially necessary to budd the proposed mit�gation improvement � 1 The preliminary design would be sparse and mcomplete It wdl not be a formal submittal, but rather it would be an over-the-shoulder review by cdy staff It is anticipeted that the city would not make significant changes to the mdigabon components causmg rework 4 2 This submittai would be as complete as pract�cai, given to the city for review as the last opportunity to tune the candidate m�tigation component designs Over-tha-shouider design review by the city would have taken place as the PS&E package was devetoped to ailow a rapid city review of the 90% package 4 3 Some softness at this point is highly recornmended to ensure that quairty Fs prov�ded, and that there is su�cient time to catch and fix �naccuracies, and a last chance to finalize the candidaie improvement pro�ects for a best match to remaining budget 4 4 The time required includes the compietion of the bid package and subm�ttal to WSDOT for their review, approval, and authorization to utdize construction funds The package wauld be ready to adveRise for construct�on at ihe canclus�on ofi this task EXHIBIT C City of Bremerton H�ghway Safety Improvement Project Development FEE ESTIMATE $ 54 00 $ 52 00 $ 45 00 $ 32 00 $ 35 00 $ 28 00 Sr Project Pro�ect Project Staff CADD Pro�ect HOURS DSC OVERHEAD FEE TOTAL MAJOR TASK DESCRIPTION Manager Manager Engineer Engmeer Tech Admin TOTAL COST 140 80% 15°h COST 1 0 Pro�ect Management 24 20 44 $ 1,808 00 $ 2,545 66 $ 653 05 $ 5,006 71 2 0 Existmg Conditions 20 8 8 36 $ 1,544 00 $ 2,173 95 $ 557 69 $ 4,275 64 3 0 Evaluation Report 20 6 6 32 $ 1,418 00 $ 1,996 54 $ 512 18 $ 3,926 73 4 0 Produce Plans, Specifications, and Estimate 41 Preliminary (30°/a Plans and Estimate) 20 40 60 60 180 $ 6,860 00 $ 9,658 88 $ 2,477 83 $ 18,996 71 4 2 90% PS&E 8 10 70 70 50 208 $ 8,092 00 $ 11,393 54 $ 2,922 83 $ 22,408 37 4 3 100% Contract Documents 8 8 40 40 20 116 $ 4,628 00 $ 6,516 22 $ 1,671 63 $ 12,815 86 4 4 Final Revisions 2 4 8 10 12 10 46 $ 1,696 00 $ 2,387 97 $ 612 60 $ 4,696 56 5 0 Additional Services $ _ $ _ $ _ $ _ Sub ect to C� 's direction �n wntin TOTAL ALL TASKS 18 106 158 180 156 44 662 $ 26,046 00 $ 36,672 77 $ 9,407 82 $ 72,126 58 Reimbursable Expenses $91 80 Subconsuttants $3 000 00 TOTAL $ 75,218 38 EXHIBIT C City of Breffierton �ighway Safety I�eprovement Project I)evelopment DIRECT SALARY COST (DSC) Classification 1 Sr Pro�ect Manager 2 Pro�ect Manager 3 Pro�ect Engmeer 4 Staff Engineer 5 CADD Tech 6 Pro�ect Administrator SUBTOTAL-DSC Hours 18 106 158 180 156 44 662 E1 Rate 54 00 52 00 45 00 32 00 35 00 28 00 Cost $972 00 $5,512 00 $7,110 00 $5,760 00 $5,460 00 $1,232 00 $26,046 00 OVERHEAD (OH) COST (Including Salary Additives) OH Rate X DSC or 140 80% X$26,046 00 FIXED FEE (FF) FF Rate = 15% X($26,046 00 +$36,672 77 ) REIMBURSABLES Mileage (@ $0 51/ mde) Reprograph►cs Postage/ Courier Transportation SUBCONSULTANTS Casseday Landau Associates SUBTOTAL GRAND TOTAL - ESTIMATED FEE Prepared By Jennifer Hamdton $36,672 77 $9,407 82 $91 80 $91 80 $3,000 00 $3,000 00 $75,218 38 $75,218 38 Date 1/11/2011 Checked By Date Exhibit H TitBe VI Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, �ts assignees, and successors m mterest agrees as follows , Compliance wrth Regulations The CONSULT.ANT shall comply wrth the Regulations relative to non- discnmmation m federally assisted programs of the AGENCY, Trtle 49, Code of Federal Regulations, Part 21, as they may be amended from tune to time (hereinafter referred to as the "REGULATIONS"), which are herem incorporated by reference and made a part of this AGREEMENT Non-discrumnation The CONSiJLTANT, wrth regard to the work performed durmg the AGREEMENT, shall not discnmuiate on the grounds of race, color, sex, or national ongin ui the selection and retent�on of sub-consultants, including procurement of materials and Ieases of equipment. The CONSLTLTANT shall not participate either d�rectly or mdirectly m the discnmmation prohibited by Section 21 5 of the REGULATIONS, includmg employment prachces when the AGREEMENT covers a program set forth in Appendix B of the REGULATIONS Solicitations for Sub-consultants, Including Procurement of Materials and Equipment In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub-contract, includmg procurement of materials or leases of equipment, each potential sub- consultant or supplier sha11 be notified by the CONSULTANT of the CONSULTANT'S obligations under this AGREEMENT and the REGULATIONS relative to non-discnmmahon on the grounds of race, color, sex, or national origm Information and Reports The CONSULTANT shall provide all uiformation and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permrt access to rts books, records, accounts, other sources of informahon, and rts facilrties as may be determmed by AGENCY, STATE or the Federal Highway Admmistration (FHWA) to be pertment to ascertaui compliance wrth such REGULATIONS, orders and mstructions Where any mformation requued of a CONSULTANT is in the exclusive possession of another who fails or refuses to fumish this mformation, the CONSI�LTANT shall so certify to the AGENCY, STATE or the FHWA as appropriate, and shall set forth what efforts it has made to obtaan the informahon Sanctions for Non-compliance In the event of the CONSULTANT' S non-compliance wrth the non- discrumnation provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE or the FHWA may determine to be appropriate, includmg, but not limited to. Withholdmg of payments to the CONSULTANT under the AGREEMENT until the CONSULTANT complies, andJor, Cancellation, termmation, or suspension of the AGREEMENT, in whole or m part DOT Form 140-089 EF Exhibit H Revised 6/05 6 Incorporahon of Provisions The CONSULTANT shall mclude the provisions of paragraphs (1) through (5) in every sub-contract, mcluding procurement of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto The CONSULTANT shall take such action w�th respect to any sub-consultant or procurement as the AGENCY, STATE or FHWA may direct as a means of enforcing such prov�sions including sanctions for non-compliance Provided, however, that in the event a CONSULTANT becomes involved ui, or is threatened with, lit�gation with a sub-consultant or supplier as a result of such d�rection, the CONSULTANT may request the AGENCY and the STATE enter into such lingation to protect the mterests of the AGENCY and the STATE and, in addition, the CONSULTANT may request the Umted States enter into such litigation to protect the mterests of the Unrted States