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Home My WebLink About5167Contract Number 5167 Vendor EXELTECH CONSULTING, INC. Subject: LASCA - 11th & Warren Ave Intersection Improvements Department: Engineering File Class- LEG 12-1 Begin Date- 8/3/2012 End Date: 12/31/2013 Review Date: Vault Date: 2015 Comments: Local Agency Consultant/Address/Telephone Exeltech Consulting, Inc Standard Consultant 8729 Commerce PI Dr NE, Suite A Agreement Lacey, WA 98516 ® Architectural/Engineering Agreement ❑ Personal Services Agreement Agreement Number (360) 357-8289 Project Title And Work Description 11th and Warren Avenue Intersection Federal Aid Number Improvements Construction Management Services Agreement Type (Choose one) ❑ Lump Sum Lump Sum Amount $ ❑ Cost Plus Fixed Fee Overhead Progress Payment Rate % Overhead Cost Method DBE Participation ❑ Actual Cost ❑ Yes ® No % Federal ID Number or Social Security Number El Actual Cost Not To Exceed 91-1491880 ❑ Fixed Overhead Rate % Do you require a 1099 for IRS? Completion Date Fixed Fee $ ❑ Yes ® No December 31, 2013 Total Amount Authorized $ 69,968 32 ® Specific Rates Of Pay S Negotiated Hourly Rate El Provisional Hourly Rate Management Reserve Fund $ ❑ Cost Per Unit of Work Maximum Amount Payable $ 69,968 32 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 - Provisional ❑ Exhibit E-1 Fee - Lump/Fixed/Unit ® Exhibit E-2 Fee - Specific Rates ® Exhibit F Overhead Cost ❑ Exhibit G Subcontracted Work ❑ Exhibit G-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 -Ib 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 day of iA_o- , 0�da , between the Local Agency of City of Bremerton Washin td ,hereinafter called the "AGENCY" and the above organization hereinafter called the "CONSULTANT" DOT Form 140-089 EF Page 1 of 8 Revised 3/2008 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 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 (MBE), 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 furnished to the CONSULTANT by the AGENCY shall be returned All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C " 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 third party as a consequence of any act or omission on the part of the CONSULTANT'S employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of 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 VIII Nondiscrimination During the performance of this contract, 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 et seq ) Civil Rights Restoration Act of 1987 (Public Law 100-259) American with Disabilities Act of 1990 (42 USC Chapter 126 Section 12101 et 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 final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply 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 firm 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 "K" 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 XIII 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 harmless 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 (1) 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 times 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 furnish 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 furnished 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 -1(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 be 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 terns 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 Con By zz�— /— Cons �x��k?�i� C()VISI� �i'lYl(h . 1kj, Agency ap oxe;K) DOT Form 140-089 EF Rewsed 312008 Page 8 of 8 Exhibit A-1 Scope of Services 11th and Warren Intersection Improvements Project June 6, 2012 Prepared by: Exeltech Consulting, Inc 8729 Commerce PI Dr NE Lacey, WA 98516 e x e I t e c h TABLE OF CONTENTS I. PROJECT DESCRIPTION.......................................................................................... 3 II. PROJECT SCHEDULE................................................................................................ 3 III. ASSUMPTIONS.......................................................................................................... 3 CONSTRUCTION MANAGEMENT................................................................................. 4 Task 1 Pre -Construction Activities....................................................................... 4 Task 2 Contract Administration for Construction ................................................ 5 ocope or zt;erv►ces Page 2 of 9 Exhibit A-1 SCOPE OF SERVICES 11th & Warren Intersection Improvements During the term of this Agreement, Exeltech Consulting, Inc , hereinafter referred to as the "Consultant", shall perform professional services for the City of Bremerton, hereinafter referred to as the "City", including the engineering, environmental and support services for construction management, in connection with the The Consultant shall actively coordinate and manage every aspect of the work, identify and resolve issues in a timely manner, communicate effectively, and ensure the accuracy and overall quality of the work and work products The Consultant shall be responsible for the performance of the services described hereinafter, furnishing materials and information as needed to accomplish the work tasks This document shall be used to plan, conduct and complete the work for the Project I. PROJECT DESCRIPTION This project is currently estimated at roughly $14 million for construction and will build two signal systems at 11th and 13th Street on Warren Avenue, along with construction of an extended right hand turn lane, infiltration gallery, pervious sidewalks, and asphalt overlay, among others II. PROJECT SCHEDULE • Council Approval • Notice to Proceed • Construction III. ASSUMPTIONS July 18, 2012 July 25, 2012 through December 2012 1 Hazardous materials will not be found 2 The City will make timely payment of invoices (within 30 days of approved invoice) 3 The City will lead all public involvement efforts, with support from the Consultant 4 Project deliverables will be in hard copy and electronic format (excluding invoices and supporting documents, which will be delivered in hard copy format only) 5 The level of effort for each phase and task of work is limited to the amount of labor and expenses indicated in Exhibit E-2 The budget may be transferred between tasks, provided the total contracted amount is not exceeded Additional services beyond these limits may be considered Extra Work 6 All City directed activities, above and beyond the scope of work, will require written confirmation from the City Project Manager or designee Scope of Services Page 3 of 9 7 The project is to be completed by the Contractor in 90 calendar days This contract shall be assumed to be 80 working days with 10 additional working days built in due to changes, delay or weather The Consultant's Construction Management Team will begin one week prior to the pre -construction meeting and will continue until Contractor has physical completion 8 Contractor's work is anticipated to take place during daylight hours on a single shift of 8 hours per day, 5 days per week 9 Services will be performed in accordance with the WSDOT Local Agency Guidelines (LAG) and the WSDOT Construction Manual 10 The City will provide a project inspector for the project 11 The Consultant's Construction Management Team is assumed to include the following labor resources • Project Manager • One Resident Engineer/Office Engineer • One time Documentation Control Administrator • Office QA/QC Engineer • Administrative Support Professional services will be limited to the assumed hours and per hour costs established in Exhibit E-2 for each position, unless additional services are authorized by the City 12 To streamline communication, all project direction from the City will be channeled through Consultant's Resident Engineer, who will also serve as the primary point of communication with the Contractor 13 Exeltech's Resident Engineer will report directly to, and communication flow will be directly to/from the City's Project Manager 14 Project documentation will be maintained in the Consultant's web based documentation software, a -Room, and filed in accordance with standard filing protocol At the completion of the project, the original project documentation will be transferred to the City in hard copy and electronic format 15 The City will have WSDOT prepare the Record of Materials (ROM) 16 General materials testing shall be provided by the City with the City Inspector coordinating the materials testing effort 17 The City will have WSDOT perform all fabrication inspections of catch basins, manholes, signal poles, and signing City electronics staff shall perform inspection and testing of the signal controller cabinets 18 Hazardous materials and or archaeological discoveries/conditions are not known to be present at the project site, but will be properly dealt with if encountered 19 The City will lead the coordination between the Contractor's activities and the impacts to the local residents and businesses Construction Management Task 1 Pre -Construction Activities Scope of Services Page 4 of 9 I 1 Record of Materials The Consultant will review the ROM prepared by the State The ROM will be used to track all materials on the project 1.2 Pre -construction Conference The Consultant will prepare for and conduct a Pre -construction Conference prior to the Contractor beginning work The Consultant will develop an agenda and relevant project distribution information for the City's review and approval prior to the Conference The Consultant will distribute notices of, facilitate, and voice tape the conference, which will be held at the City's offices The Consultant will prepare and distribute meeting minutes within seven (7) days of the Conference to all attendees and affected agencies, staff, etc At the Pre -construction conference, the Consultant shall facilitate discussions with the Contractor concerning the plans, specifications, schedules, issues with utilities, unusual conditions, federal, state, and local requirements, EEO, DBE requirements, and any other items that will result in better project understanding among the parties involved 1.3 Pre -construction Photographs The City Inspector will take pre -construction photographs which will document the existing condition of the Project right-of-way, and all relevant buildings and structures adjoining the site Photos will be cataloged as to their location, date, and other relevant information The City will provide a copy of the pre -construction photographs to the Consultant in digital format Task 2 Contract Administration for Construction 2.1 Project Meetings The Consultant shall attend various project related meetings with the Contractor (including weekly project meetings) The Consultant will prepare the agenda, keep meeting minutes, and the action item list for each of the weekly Project meetings 2.2 Submittal Management All Project submittals will be logged and tracked by the Consultant The Consultant shall coordinate and process the receipt, distribution, review and compilation of comments, and monitor and track the processing of RFI's, schedule of values, submittals, samples, shop drawings, steel reinforcing details, bar lists, mix designs, test reports, traffic control plans, change orders, payment requests, certified payrolls, and other submittals from the Contractor for compliance with the contract documents The Consultant shall track and approve the processing of Request for Approval of Materials (RAM's) and review and distribute as necessary All Contractor submittals to City staff and/or EOR for will be submitted for approval, including proposed designs, construction methods and procedures for the various components of the structures, formwork and false work submittals, catalog cuts, and shop drawings for compliance with the Contract documents The Consultant will seek technical expertise from the Engineer of Record (EOR) when required for clarification or resolution of Contract drawings Scope of Services Page 5 of 9 The Consultant shall process the requests for sublet, and shall review and approve the requests according to the Standard Specifications Section 1-08 1 The Consultant shall review and respond the Contractor's SPCC and Erosion Control Plan and shall monitor the Contractor's administration of both plans 2 3 Inspection Services The City will be providing an inspector for the project The Consultant shall coordinate and review the inspect of on-site construction methods, products, materials, and activities for conformance with the project plans, specifications, Contract documents, submittals and applicable codes and design standards with the ROM Any non -conformances, deviations, defects or deficiencies observed will be documented and communicated to the City The Inspector shall be the City's representative to coordinate and facilitate the Contractor's work with Utilities, and the adjoining property owners on the project The Consultant will review the required wage rates against the Inspectors required employee wage interviews The Consultant will also track the required DBE goals, and prepare Monthly Utilization Reports The City Inspector shall track and inspect all materials deliveries, storage and protection for compliance The City Inspector shall perform the technical inspection and verify acceptance testing for all project materials and constructed components as specified by the ROM The Consultant shall assist the Inspector to document all observed non -conforming work, and as necessary in conjunction with the design team make recommendations to the City for corrective measures In addition, the Consultant will notify the Contractor immediately and proactively work with the Contractor to resolve such issues Resolution of all nonconforming issues/item, will be tracked to assure that corrective work is completed As necessary, disputes will be elevated to the proper level The City Inspector shall prepare Inspector's Daily Reports (IDRs) documenting weather conditions, labor, equipment, and materials used, material and equipment deliveries to the site, phases of work being undertaken with start and stop times, work by bid item number, environmental permit compliance, Contractor contacts made, visitors to the site, quality of work, shortages, requests for change orders, engineer directives and/or clarifications, design issues, safety, traffic management, accidents, any notices received, interfaces with other agencies and government officials, identification of different site conditions and contaminated materials and the influence of external events such as weather and strikes which may affect the cost or completion schedule for the work The Consultant shall review and initial the IDR's and then they will be posted to a -Room by the end of the next day's shift The City Inspector will provide daily reports on any Force Account items on the City Force Account form The Consultant will document and calculate the amount to be paid for work performed on the force account The City Inspector will document and record field calculations and notes Scope of Services Page 6 of 9 The Consultant shall provide a weekly statement of working days to the Contractor and a copy to the file The City Inspector shall provide pictorial documentation through weekly progress photos during the construction period The construction photographs will be in digital format and cataloged by date Construction photographs will be posted to a -Room on a weekly basis 2.4 Claims/Change Order Administration The Consultant shall work to resolve day-to-day construction disputes which may occur during the course of the Project, and shall promptly inform the City of notices of changes or claims/issues raised by the Contractor The Consultant shall assist and work on behalf of the City in preparing and negotiating claims, change order costs and time extensions by evaluating the Contractor's proposal and performing a preliminary evaluation of the contents of the change or claim and obtaining factual information concerning the change or claim to evaluate merit and entitlement The Consultant shall prepare independent cost estimates based on the alleged cause of claims or proposed changes submitted by the Contractor Upon successful change order negotiations, the Consultant will prepare the final change order for execution by the City and the Contractor Where applicable, the Consultant shall prepare alternate estimates based on varying scenarios of the change or claim cause These estimates shall be transmitted to the City and shall be used in claim or change order rulings and negotiations All delays and extra work will be monitored and tracked The Consultant shall advise the City of the acceptability of price and time extension prior to submittal to the Contractor for their signature The Consultant will coordinate with and obtain written concurrence from the EOR on the description of work for each change order, which will be included as an attachment to the change order The Consultant shall prepare and maintain a Change Order Log which will be provided to the City on a weekly basis at the construction meetings for discussion The log shall document and track change order information pertaining to proposed and executed change orders and their effect on the contract price as of the date of the report The Consultant will coordinate emergency change order work as directed by the City If necessary, the Consultant will provide dispute resolution procedures and expert witness deposition during litigation (associated time not included in current budget) All minor items of work, per the contract bid item, will be approved by the City's Project Manager before the Consultant directs the Contractor to proceed with the work 2.5 Monthly Construction Contract Schedule Review The Consultant shall perform an initial detailed schedule review of the Contractor provided CPM for conformance with the contract documents, and will discuss related schedule issues or concerns with the City Scope of Services Page 7 of 9 On a monthly basis, the Consultant shall review and respond to the Contractor's updated construction schedule and compare with field -observed progress The Consultant shall monitor and regularly report to the City regarding schedule compliance If issues arise, the Consultant shall report to the City with suggested resolutions, and coordinate with Contractor in the development of recovery schedules, as needed, to address delays caused by either events or issues within the Contractor's control or other events or issues beyond the Contractor's control The Consultant shall advise the City and make recommendations for exercising the City's contract prerogatives, including giving the Contractor notice to accelerate the project progress, withhold payment for cause, and other prerogatives available in an effort to achieve contract and schedule compliance 2 6 Review Contractor Payment Requests The City Inspector shall record installed quantities and provide daily records to the consultant to track The Consultant shall review Contractor's invoices for materials, and provide a monthly pay estimate for the City to make payment to the Contractor based on measured quantities of work performed for each bid item As necessary, the Consultant shall prepare correspondence explaining payment recommendations 2 7 Document Reviews The Consultant shall conduct periodic internal quality documentation audits to monitor that documentation is complete and accurate when requested by the City The audit will be conducted by an independent member of the Consultant's staff The Consultant's project team will then respond to findings and recommendations from the audit The Consultant shall assist the City with and shall attend all Document Reviews conducted by WSDOT Local Programs for the Project, including any preliminary Document Review(s) during the construction of the Project, and a Project Management Review (PMR) after completion of the Project 2 8 Materials Testing The City will coordinate materials testing required on the Project and contract directly with the laboratory The Consultant shall document and evaluate results of testing, and address deficiencies The City intends to use Construction Testing Laboratories Inc (CTL) to perform necessary field and lab testing of granular materials, structural concrete, HMA, and other materials requiring testing All testing will be performed by the Consultant's sub -consultant CTL for those items requiring physical acceptance testing in accordance with the project plans and specifications Testing will be done according to the Local Agency Guidelines (LAG) and the WSDOT Construction Manual (as modified by the LAG manual) Specifically, this includes Table 9-3 7 of the WSDOT CN Manual as modified by Section 52 3 Quality Control of the LAG 2.9 Record Drawings The Contractor will be responsible for maintaining a set of record drawings The Consultant shall review with the Contractor weekly these drawings to confirm accuracy The field record drawings shall be verified on a monthly basis, as part of the progress Scope of Services Page 8 of 9 payment to the Contractor Upon project completion, contractor provided markups will be verified for completeness and supplemented with inspection information The Contractor will then forward the final conformed field record drawings to the EOR which will be the final record drawings 2 10 Project Closeout When appropriate, the Consultant shall make a recommendation for issuance of substantial construction completion The Consultant shall coordinate with the City, the EOR, sub -consultants, utilities, and other affected agencies to perform a project walk through and inspection, and oversee production of a comprehensive list of deficiencies and punch list items to be completed by the Contractor The punch list and Certificate of Substantial Completion will be prepared by the Consultant and issued by the City The Consultant will sign -off on punch list work as it is completed in accordance with the Contract documents Following completion of all punch list work, the Consultant shall recommend that the City and/or Utilities accept the Project Once all involved entities have accepted the Project in writing, the Consultant will prepare a Certificate of Physical Completion, which will be issued by the City The Consultant will prepare and/or finalize all of the necessary reports and documentation for the Project, including but not limited to the final pay estimate, comparison of preliminary and final quantities, record of material samples and tests, material certifications, affidavit of wages paid, and affidavit of amount paid to DBE participants Upon completion of all work on the Project, the Consultant shall deliver all Project documents to the City for permanent storage Project documentation shall be neatly organized and labeled in standard filing boxes A copy of all digital files related to the construction project, including all e-mails, shall be provided to the City on a mass storage device (thumb drive, or approved equivalent) The Consultant may keep a copy of the project documents for their records 2 11 Post -construction Photographs The City Inspector will take a series of post -construction photographs which will document the final condition of the Project right-of-way, and all relevant buildings and structures adjoining the site Photos will be cataloged as to their location, date, and other relevant information The City will provide a copy of the pre -construction photographs to the Consultant in digital format Scope of Services Page 9 of 9 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 Other Electronic Files to Be Provided III Methods to Electronically Exchange Data A Agency Software Suite B Electronic Messaging System C File Transfers Format DOT Form 140-089 EF Exhibit C Revised 6/05 Exhibit D-3 Payment (Negotiated Hourly Rate) 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 The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 Hourly Rates The CONSULTANT shall be paid by the AGENCY for work done, based upon the negotiated hourly rates shown in Exhibit "E" and "F" attached hereto and by this reference made part of this AGREEMENT The rates listed shall be applicable for the first twelve (12) month period and shall be subject to negotiation for the following twelve (12) month period upon request of the CONSULTANT or the AGENCY If negotiations are not conducted for the second or subsequent twelve (12) month periods within ninety (90) days after completion of the previous period, the rates listed in this AGREEMENT, or subsequent written authorization(s) from the AGENCY shall be utilized The rates are inclusive of direct salaries, payroll additives, overhead, and fee The CONSULTANT shall maintain support data to verify the hours billed on the AGREEMENT 2 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 31205-46 "Travel Costs " b The billing for Direct Non -Salary Costs shall include an itemized listing of the charges directly identifiable with 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 3 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 " DOT Form 140-089 EF Exhibit D-3 Revised 3/09 4 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 5 Monthly Progress Payments Progress payments may be claimed on a monthly basis for all costs authorized in 1 and 2 above The monthly billing shall be supported by detailed statements for hours expended at the rates established in Exhibit "E", including names and classifications of all employees, and billings for all direct non -salary expenses To provide a means of verifying the billed salary costs for the CONSULTANT'S 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 6 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 7 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-2 City of Bremerton 11th and Warren Intersection Improvements Project Hours Sheet Exeltech Lh 0 L x OC m L L d1 C C W A J R CR G! O D d C O V o4) C L d H L N K V ) E E V C W Task w o a� ° a` d 16 1 PRE -CONSTRUCTION ACTIVITIES 1.1 Record of Materials 8 8 12 Pre -Construction Conference 12 12 13 Pre -Construction Photographs 2 CONTRACT ADMINISTRATION FOR 2 1 Project Meetings 18 90 10 118 2 2 Submittal Management 60 216 276 2 3 Inspection Services 100 100 2 4 Claims/Change Order Administratic 5 40 45 2.5 Monthly Construction Contract Sch 20 20 2 6 Review Contractor Pa ment Re ue 80 40 120 2 7 Document Reviews 10 10 16 36 2 8 Materials Testing 10 10 16 36 2.9 Record Drawings 10 10 2 10 Project Closeout 10 10 20 2 11 Post -Construction Photographs Total 23 1 450 1 286 1 32 10 801 Exhibit E-2 City of Bremerton 11th and Warren Intersection Improvements Project Summary of Cost Per Consultant Task Exeltech 1. PRE -CONSTRUCTION ACTIVITIES 1 1 Record of Materials $85270 12 Pre -Construction Conference $1,27906 13 Pre -Construction Photographs 2. CONTRACT ADMINISTRATION FOR CONSTRUCTION 2 1 Project Meetings $12,64629 2 2 Submittal Management $16,46785 2 3Inspection Services $10,65880 2 4 Claims/Change Order Administration $4,92663 2 5 MonthIv Construction Contract Schedule Review $2,13176 2 6 Review Contractor Payment Requests $10,39233 2 7 Document Reviews $3,05428 2 8 Materials Testing $3,05428 2.9 Record DravAn s $1,065.88 2 10 Project Closeout $1,53220 2 11 Post -Construction Photographs TOTAL LABOR COSTS $68,062.07 Direct Costs $1,90625 Escalation TOTALI $69,96832 Exhibit E-2 Consultant Fee Determination - Summary Sheet Negotiated Rates 11th and Warren Intersection Improvements Project City of Bremerton Task Description Consultant Fee Determination Consulta Exeltech Consulting, Inc Code Classification Man Hours Hourly Overhead Fixed Fee Rate Per LABOR Hours Rate 13647% 3000% Hour Dollars Project Manager 23 x $4977 $6792 $1493 $13262 = 3,05031 Resident Engineer/Office Eng 450 x $4000 $5459 $1200 $10659 = 47,964 60 Documentation Administrator 286 x $1750 $2388 $525 $4663 = 13,336 82 QA/QC Office Engineer 32 x $3570 $4872 $1071 $9513 = 3,04415 Administration 10 x $2500 $3412 $750 $6662 = 66619 Total Hours 801 $1,90625 Total DSC = $68,06207 Reimbursables Itemized Quantity Units Rate Direct Costs Meals and Lodging 0 each @ $15000 = $000 Mileage 2,750 each @ $056 = $1,52625 Reproduction 0 each @ $025 = $000 Mailing 19 Est @ $2000 = $38000 Misc 0 Est @ $5,00000 = $000 Reimbursables Total $1,90625 Exeltech Subtotal $69,96832 Subconsultant Costs (See Exhibit G) $000 Grand Total $69,96832 Exhibit F Breakdown of Overhead Cost Michelle Rhodes, Finance Manager Exeltech Consulting, Inc. 8729 Commerce Place Dr, Suite A Lacey WA 98516-1363 Re- Exettech Consulting, Inc. Overhead Schedule Fiscal Year End December 31, 2009 Dear Ms. Rhodes, On August 6, 2010, as a WSDOT representative, Laura Trainer, Audit Specialist, completed a desk review of your proposed FYE ,December 31, 2009, Overhead Schedule Laura also reviewed the documentation provided by Exeltech Consulting, Inc. during this review process The reviewed data Included, but was not limited to, the schedule of the indirect cost rate, a description of the company, basis of accounting and description of Exeltech Consulting, Inc. accounting system, and the basis of indirect costs. Based on our desk review, we are issuing this letter of concurrence establishing Exeltech Consulting, Inc. overhead rate for FYE December 31, 2009, at 136.47% (rate includes Facilities Cost of Capital) of direct labor Costs billed to actual agreements will still be subject to audit of actual costs. Please check with the WSDOT Consultant Services Office (HQ) and/or the WSDOT Area Consultant Liaison to determine when this reviewed rate will be applicable to your WSDOT agreement(s). If you or any representative of Exeltech Consulting, Inc. have any questions, please contact Martha Roach, Jeri Sivertson or Steve McKerney at (360) 705-7003. Sincerely, 4,�L,Martha S Roach Agreement Compliance Audit Manager MR.ds Enclosures cc Steve McKerney, Director of Internal Audit Jeri Sivertson, Assistant Director of Internal Audit Kyle McKeon, MS 47329 Rick Griffith, MS 47323 File � Washington State Transportation Ouildinq �I/ Department of Transportation 310 4laple Park Avenue S E Paula J. Hammond, P.E. r� U Box 47300, Secretary of Transportation Olympta„wA, 98504, 7300 360-705-7000 August 6, 2010 TTY 1-800-833-6388 wmv wsdot wa gov Michelle Rhodes, Finance Manager Exeltech Consulting, Inc. 8729 Commerce Place Dr, Suite A Lacey WA 98516-1363 Re- Exettech Consulting, Inc. Overhead Schedule Fiscal Year End December 31, 2009 Dear Ms. Rhodes, On August 6, 2010, as a WSDOT representative, Laura Trainer, Audit Specialist, completed a desk review of your proposed FYE ,December 31, 2009, Overhead Schedule Laura also reviewed the documentation provided by Exeltech Consulting, Inc. during this review process The reviewed data Included, but was not limited to, the schedule of the indirect cost rate, a description of the company, basis of accounting and description of Exeltech Consulting, Inc. accounting system, and the basis of indirect costs. Based on our desk review, we are issuing this letter of concurrence establishing Exeltech Consulting, Inc. overhead rate for FYE December 31, 2009, at 136.47% (rate includes Facilities Cost of Capital) of direct labor Costs billed to actual agreements will still be subject to audit of actual costs. Please check with the WSDOT Consultant Services Office (HQ) and/or the WSDOT Area Consultant Liaison to determine when this reviewed rate will be applicable to your WSDOT agreement(s). If you or any representative of Exeltech Consulting, Inc. have any questions, please contact Martha Roach, Jeri Sivertson or Steve McKerney at (360) 705-7003. Sincerely, 4,�L,Martha S Roach Agreement Compliance Audit Manager MR.ds Enclosures cc Steve McKerney, Director of Internal Audit Jeri Sivertson, Assistant Director of Internal Audit Kyle McKeon, MS 47329 Rick Griffith, MS 47323 File Exhibit F Breakdown of Overhead Cost Exeltech Consulting Inc Overhead Schedule For the Year Ended December 31, 2009 Description General Ledger Exeltech, INC. Adj. WSDOT Ad]. Ref. Accepted Amount % Total Direct Labor Base $1,640,999 $37,319 Pj $1,678,318 Fringe Benefits Payroli Taxes $257,691 ($1,245) Q $256,446 1528% Vacation/Holiday/Sick Leave 209,069 209,069 1246% Incentive Compensation 0 0 0000/0 Bonus 34,816 (34,816) R (0) 000% Health & Dental insurance - Employees 107,536 107,536 6 41 % Insurance - Keyman 674 (674) H 0 000% Retirement 59,035 _ _ 59,035 352% Total Fringe Benefits $668,821 ($674) ($36,061) $632,086 3766% General Overhead Auto expenses& parking $12,903 ($1,065) S $11,838 071% Advertising 6,447 (6,447) D (0) 0000/0 Bad Debt 0 0 F 0 0 W/O Bank Service Charges 2,116 2,116 013% Charitable Donations 4,400 (4,400) A 0 0000/0 Computer and IT Maintenance 38,488 38,488 229% Depreciation 84,459 84,459 503% Dues, Subscriptions & Books 32,206 32,206 192% Education 5,908 5,908 035% Equipment Lease 16,448 16,448 098% Insurance 90,162 90,162 537% interest/Financing Cost 15,637 (15,637) B 0 0 00•A Licenses & Permits 16,033 16,033 0960/9 Business Meals 10,999 (10,999) C (0) 000% Miscellaneous 0 0 000% Office Supplies 17,156 17,156 102% Office Move 12,469 12,469 0740/a Penalties 0 000% Personnel Recruitment 7,343 7,343 0 440A Postage &Delivery 9,377 9,377 0516% , i Printing & Reproduction 32,828 32,828 196% Professional Fees 15,284 (1,737) G 13,547 081% Rent 300,709 (20,655) L 280,054 16 690A Repairs & maintenance 13,764 13,764 082% Software Expenses 6,299 6,299 038% Staff Meetings & Kitchen Supplies 4,493 4,493 027% StaffEntertarnnrent 12,129 (11,119) K 1,010 006% Supplies - Operating 0 0 0000/0 Taxes - City & State Business (Excise&UseTax 78,989 78,989 4 71 % Taxes Personal Property' 1,594 1,594 009% Telephone 57,213 57,213 341% Temporary Help 1,969 1,969 012% TraveU Mileage,L)dging, Transportation 26,830 (1,390) M 25,440 1520/6 Uniforms 2,018 (2,018) D 0 0000/0 Property & State Taxes 700 (700) 0 0000/0 Page 1 Exhibit F Breakdown of Overhead Cost Exeltech Consulting Inc Overhead Schedule For the Year Ended December 31, 2009 General Exeltech, INC. Description, Ledger AdJ. WSDOT Adj. Ref. Accepted Amount Political Contributions 3,720 (3,720) — A T 0- y 000% Gifts/Flowers 4,395 (4,395) E 0 0009/0 Wages, Employees -Indirect 820,505 (41,802) (3,226) J,N,Q 775,477 4621% Unallowable FAR 450 _ _ (450) O (0) 0000/0 Total General Overhead $1,766,438 -($125,469) ($4,291) $1,636,678 97524/9 Total Overhead Expenses (Less FCCM) $2,435,258 ($126,143) $40,352 $2,268,763 13518% Facilites Capital Cost of Money $21,625 $21,625 129% Overhead Rate (Inclues FCCM) 14840% 13759% 136.47% Exelteck , Inc- Reviewed & Accepted 08119b/j0 LT "Overhead Rate still subject to WSDOT Audit" References Exeltech, Inc Adjustments: A Contributions unallowable per 48 CFR 31205-8 B Interest unallowable per 48 CFR 31 205-20 C Local meals & Business meals unallowable per 48 CFR 31205-46, 31205-14, WSDOT Accounting Manual M13-82 Chapter 10 Travel and WSDOT Overhead Policy D Advertising cost unallowable per 48 CFR 31 205-1(f) 8 Gifts to clients unallowable per 48 CFR 31205-14 F Bad Debt unallowable per 48 CFR 31205-3 G Federal tax return preparation fees over $250 unallowable per 48 CFR 31 205-41(6x1), 48 CFR 31201-6(d), and WSDOT Overhead Policy H Key man life insurance unallowable per 48 CFR 31 205-19(ex2xv) I Marketing Cost unallowable per 48 CFR 31205- 1 (f) J Overtime premium (Direct $3,947, Indirect $536) unallowable per 48 CFR 22103-2 K Xmas part expenses in excess of 25 per employee & picnic costs in excess of 10 per employee per 48 CFR 31205-14 and WSDOT OH Policy L Common Control adjustment 48 CFR 31 205-36(b)(3) Based on OH Review - NSDOT Verykd AAdjusted Common ControlAdjustment M Travel Lodgmg rates over per diem rates not allowed per 48 CFR 31205-46, and WSDOT Accounting Manual M13-82 Chapter 10 Travel N Wages for promotional marketing ($3,226) unallowable per 48 CFR 31205- 1 (f), 31201-6 O Alcohol unallowable per 48 CFR 31205-51 P Nonbillable labor ($41,266) moved from indirect salaries to direct labor base per 48 CFR 31 202(a) and AASHTO Audit Guide WSDOT Adjustments: Q Marketing labor and associated fringe unallowable per 48 CFR 31205- l(f) and 31201-6 Exeltech provided marketing labor estimate of $3,226, and WSDOT calculated estimated associated markedn8 jringe In the amount of $1,245. R Bonus unallowable per 48 CFR 31205-6(f) and the AASHTO Audit Guide. Exeltech does not have an acceptable written bonus poU . Incentive Compensation policy does not provide performance measurments, as requued in the 2005 AASHTO Guide Chapter 5-2. S Personal use of company vehicle unallowable per 48 CFR 31205-6(m)(2), AASHTO Audit Guide and WSDOT Accounting Page 2 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 215 of the REGULATIONS, including employment practices 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, 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 furnish 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 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 140-089 EF Exhibit H Revised 6105 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 Plus 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 Exhibit I Revised 6/05 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 Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design errors) 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 Error(s) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed documentation than is normally required on the project Examples include all decisions and descriptions of work, photographs, records of labor, materials and equipment Step 3 — Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged errors) 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 error(s) issue Step 4 — Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultant's alleged design error(s), there are three possible scenarios It is determined via mutual agreement that there is not a consultant design error(s) If this is the case, then the process will not proceed beyond this point It is determined via mutual agreement that a consultant design error(s) occurred If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place The agency is to provide H&LP, through the Region DOT Form 140-089 EF Exhibit J Revised 6/05 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 error(s) The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5 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 protect 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 1 — Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work, they may be entitled to a claim The first step that must be completed is the request for consideration of the claim to the Agency's project manager The consultant's claim must outline the following • Summation of hours by classification for each firm that is included in the claim, • Any correspondence that directed the consultant to perform the additional work, • Timeframe of the additional work that was outside of the project scope, • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work, and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work Step 2 — Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1, the next step in the process is to forward the request to the Agency's project manager The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT 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 Form 140-089 EF Exhibit K Revised 6105 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 Claim 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 FHWA regarding final settlement of the claim If the claim is not eligible for federal participation, payment will need to be from agency funds Step 5 — Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding the consultant's claim(s) Include the final dollar amount of the accepted claim (s) and rationale utilized for the decision Step 6 — Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim Inform the consultant that the final payment for the agreement is subject to audit Exhibit M -1(a) Certification Of Consultant Project No Local Agency Bremerton I hereby certify that I am President and duly authorized representative of the firm of Exeltech Consulting, Inc whose address is 8729 Commerce PI Dr NE, Lacey, WA 98516 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 an q 20`2 Date DOT Form 140-089 EF Exhibit M -1(a) Revised 6/05 Exhibit M -1(b) Certification Of Agency Official I hereby certify that I am the AGENCY Official of the Local Agency of City of Bremerton , 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 91,3 /7,,� ate DOT Form 140-089 EF Exhibit M -1(b) Revised 6/05 61 Signature Ai{`AJ/J 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 department 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 (I) (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 II Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal Consultant (Firm) Exeltech Consulting, Inc (1ZQ,z (Date) DOT Form 140-089 EF Exhibit M-2 Revised 6/05 (Signature nt or Aut zed 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 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) Exeltech Consulting, Inc "''Z6/7c012 (Date) (Signature) DOT Form 140-089 EF Exhibit M-3 Revised 6/05 Official of Consultant Exhibit M-4 Certificate of Current Cost or Pricing Data This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section 15 401 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15 403-4) submitted, either actually or by specific identification in writing, to the contracting officer or to the contracting officer's representative in support of 11th and Warren Intersection Improvements are accurate, complete, and current as of June 1, 2012 ** This certification includes the cost or pricing data supporting any advance agreements and forward pricing rate agreements between the offeror and the Government that are part of the proposal Firm Exeltech Consulting, Inc Name Santosh Kuruvilla Title President Date of Execution*** * Identify the proposal, quotation, request for price adjustment, or other submission involved, giving the appropriate identifying number (e g , RFP No ) ** Insert the day, month, and year when price negotiations were concluded and price agreement was reached *** Insert the day, month, and year of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to DOT Form 140-089 EF Exhibit M-4 Revised 6/05 51 (_0"1 GLIA 6 51 a) ACCIR®® CERTIFICATE OF LIABILITY INSURANCE M/DD/YYYY) TYPE OF INSURANCE 06//29/229/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Marsh Sponsored Programs ��(��S\/�® a division of Marsh USA, Inc. RECEIVED(M20%,Ext: PO Box 19904 CONTACT NAME: 800-338-1391 A/C, No:888-621-3173 ADDE-MRESS:acecclientrequest@marsh.com INSURER(S) AFFORDING COVERAGE NAIC# Des Moines IA 50306 JUL 06 2 DAMAGE TO RENE PREMISES Eaoccurence $1,000,000 MED EXP (Any one person) $10,000 INSURER A: Hartford Accident & Indemnity Co 22357 INSURED INSURER B: Sentinel Insurance Company Ltd. 11000 Exeltech Consulting, Inc. City Of Bremerton 8729 Commerce Place Dr. Ste. A Risk Management Olympia„ WA 98516 INSURER C INSURER D: INSURER E: AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NO OWNED HIRED AUTOS AUTOS INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THISIS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE DDL INSR SUBR WVD POLICY NUMBER POLICY EFF MMIDD/YYY POLICY EXP MM/DDNYY LIMITS A 1-1 GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X❑ OCCUR X EL and Stop Gap - WA 345 6TH STREET 84SBWZK1228 Prof. Liab. ExCl. 07/01/2016 07/01/2017 EACH OCCURRENCE $1,000,000 DAMAGE TO RENE PREMISES Eaoccurence $1,000,000 MED EXP (Any one person) $10,000 PERSONAL &ADV INJURY $1,000,000 lm/lm/lm GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO f F LOC PRODUCTS-COMP/OP AGG $2,000,000 $ B AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NO OWNED HIRED AUTOS AUTOS 84UEGNMO440 07/01/2016 07/01/2017 COMBINED SINGLE LIMIT Ea accident $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident A X UMBRELLA LIAB EXCESS LIAB �j OCCUR CLAIMS -MADE 84SBWZK1228 07/01/2016 07/01/2017 EACH OCCURRENCE $1,000,000 AGGREGATE $ DED X RETENTION$ 10 000 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVEF-] OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If -yes, describe under DESCRIPTION OF OPERATIONS below NIA WC STATLlOTH- TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE- EA EMPLOY $ E.L. DISEASE- POLICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (Attach ACORD 107, Additional Remarks Schedule, it more space is required) RE: 11TH AND WARREN CONSTRUCTION MANAGEMENT PROJECT AND ANDERSON COVE LOW IMPACT DEVELOPMENT - DRAINAGE STUDY AND DESIGN PROJECT CERTIFICATE Nrll DER CANCELLATION ACORD 25 (2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 'ACCORDANCE WITH THE POLICY PROVISIONS. CITY OF BREMERTON ATTN: RISK MANAGEMENT AUTHORIZED REPRESENTATIVE SUITE 600 345 6TH STREET BREMERTON,, WA 98337 ACORD 25 (2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACORL I P CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) F,/,)2017D �. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Marsh Sponsored Programs a division of Marsh USA Inc. ��C�\f�® PO Box 14404 I� V PHONE FAX aC,No:888-621-3173 - RNSEM e00 lien trequest@marsh.com INSURER(S) AFFORDING COVERAGE NAIC# Des Moines IA 50306 6 20117 INSURER A: Hartford Accident & Indemnity Co 22357 INSURED Exeltech Consulting, Inc. INSURER B: Sentinel Insurance Company Ltd 11000 8729 Commerce Place Dr. Ste. A city of Bremerton Olympia, , WA 98516 Risk Management INSURER C: INSURER D: INSURER E: DAMAGESnaocourence $1,000,000 INSURER F: IXCOL, CLAIMS -MADE OCCUR COVERAGES CERTIFICATE. NUMBER:>-_..-_ - REVISIOWNUMBER: - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MMIDDIYYY POLICY EXP MWDD/YYY LIMITS A GENERAL LIABILITY y V1 84SBWZK1228 07 /01/2 017 07 /01 /2018 EACH OCCURRENCE $1,000,000 MERCIALGENERAL LIABILITY Prof. Liab. Excl. DAMAGESnaocourence $1,000,000 IXCOL, CLAIMS -MADE OCCUR MED EXP (Any one person) $10,000 PERSONAL &ADV INJURY $1,000,000 and Stop Gap -WA GENERAL AGGREGATE $2,000,000 $lm/$lm/$lm GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMP/OP AGG $2,000,000 POLICY ix PRO- LOC $ B AUTOMOBILE LIABILITY 84UEGNM0440 07 /01 /2017 07/01/2018 COMBINED SINGLE LIMIT Eaaccdent $1,000,000 BODILY INJURY (Per person) $ X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident NON -OWNED HIRED AUTOS AUTOS A X UMBRELLALIA11 X OCCUR 84SBWZK1228 07 /01/2 017 07/01/2018 EACH OCCURRENCE $2,000,000 AGGREGATE s2,000,000 EXCESS LIAB CLAIMS -MADE DED I X I RETENTION$ 10 000 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN WCSTATU- OTH- TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVEF—] E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N /A E.L. DISEASE - EA EMPLOYE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT. $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: 11TH AND WARREN CONSTRUCTION MANAGEMENT PROJECT AND ANDERSON COVE LOW IMPACT DEVELOPMENT - DRAINAGE STUDY AND DESIGN PROJECT ✓n / 1 CERTIFICATE HOLDER CANCELLATION ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010!05) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH,THE POLICY PROVISIONS. CITY OF BREMERTON ATTN: RISK MANAGEMENT AUTHORIZED REPRESENTATIVE SUITE '600 345 6TH STREET BREMERTON, WA 98337 y V1 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010!05) The ACORD name and logo are registered marks of ACORD