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Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: 5504 SKILLINGS CONNOLLY, INC Bremerton Crosswalk Improvements - Agreement No. 150630-Skillings Engineering GS55-05A-06 Rev. 1 Capital Assets (Real Property) 8/19/2015 12/31/2016 1/1/2017 2017 Comments : C��� - " `�`� � AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Professional Services Agreement with Skillings Connolly, Inc., for Bremerton Crosswalk Improvements Study Session Date: COUNCIL MEETING Date: Department: Presenter: Phone: August 12, 2015 August 19, 2015 PW&U Tom Knuckey 473-2376 SUMMARY: On January 20' the City was awarded an FHWA grant through the Puget Sound Regional Council's Non-Motorized Transportation Program for the Bremerton Crosswalk Improvement project. The project will construct pedestrian improvements at five locations city-wide and includes new curb ramps, ADA signals, lighting, and enhanced safety features at select locations. Three consultants were interviewed to design the improvements and Skillings and Connolly Inc., of Lacey WA was selected. The requested action is approval of the Professional Services Consultant Agreement with Skillings Connolly, Inc., for design of the Bremerton Crosswalk Improvements Project. ATTACHMENTS: 1) Site Plan; 2) Professional Services Agreement FISCAL IMPACTS (Include Budgeted Amount): The project is included in the Street Fund Budget. The total project cost is $800,000, which includes revenue of $692,000 from the FHWA Grant. STUDY SESSION AGENDA: � No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Local Agency Professional Services Lump Sum Consultant Agreement with Skillings Connolly in the amount of $119,668.00 and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ✓[f Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 Local Agency Professional Services Lump Sum Consultant Agreement Agreement Number: 150630-Skillings Does this Require DES filing? ❑ Yes � No Firm/Organization Legal Name (do not use dba's): Skillings Connolly, Inc. Address Remit to Address 5016 Lacey Blvd. SE PO Box 5080 UBI Number � Federal TIN or SSN Number 600--491 91 Execution Date Completion Date 12/31/2016 1099 Form Required Federal Participation ❑ Yes ❑/ No ✓D Yes ❑ No Description of Work BREMERTON CROSSWALK IMPROVEMENTS Engineering and design services to upgrade five intersections to improve their safety. In addition to evaluating advanced warning systems and signing, it is the City's intent to bring each intersection into compliance with current Americans with Disabilities Act standards, including Accessible Pedestrian Signals, a HAWK signal system, new rectangular rapid flashing beacons (RRFB) systems and curb ramps. The intersections included in this scope are: Kitsap Way and 1 lth Street and High Avenue, 6th and High Avenue, SR 304 and ]st Street, Kitsap Way and Harlow Drive. Consultant work will include surveying, preliminary engineering, environmental, final design, and other work as requested by the City. No right-of-way phase is anticipated as part of this scope. ❑ Yes % Q No DBE Participation MaximumAmount Payable: $119,668.00 ❑ Yes % Q No MBE Participation ❑ Yes % �❑ No WBE Participation ❑ Yes % ❑� No SBE Participation Index of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Exhibit J Scope of Work DBE Participation Preparation and Delivery of Electronic Engineering and Other Data Prime Consultant Cost Computations Sub-consultant Cost Computations Title VI Assurances Certification Documents Liability Insurance Increase Alleged Consultant Design Error Procedures Consultant Claim Procedures Agreement Number 150630-Skillings Local Aoencv Professlonal Servlces Lumn Sum Consultant Aareement Panw 1 nf 1� THIS AGREEMENT, made and entered into as shown in the "Execution Date" box on page one (1) of this AGREEMENT, between the hereinafter called the "AGENCY," and the "Firm/Organization Name" referenced on page one (1) of this AGREEMENT, hereinafter calied the "CONSULTANT." WHEREAS, the AGENCY desires to accomplish the work referenced in "Description of Work" on page one (1) of this AGREEMENT and hereafter called the "SERVICES;" and does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary SERVICES; and WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish consulting services to the AGENCY. NOW, THEREFORE, in consideration of the tenns, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I. General Description of Work The work under this AGREEMENT shall consist of the above-described SERVICES as herein defined, and necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, Iabor, and related equipment and, if applicable, sub-consultants and subcontractors necessary to conduct and complete the SERVICES as designated elsewhere in this AGREEMENT. II. Scope of Work The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit "A" attached hereto and by this reference made a part of this AGREEMENT. The Scope of Work was developed utilizing performance based contracting methodologies. IIIe 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 CONSLJLTANT shall attend coordination, progress, and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days' notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the SERVICES im sufficient detail so that the progress of the SERVICES can easily be evaluated. The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and locat laws, rules, codes, regulations, and all AGENCY policies and d'uectives, applicable to the work to be performed` under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. Agreement Number: 150630-Skillings Local Aaencv Professional Sendces Lumn Sum Consultant AarPAmant p��o �„f � z Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required, per 49 CFR Part 26 shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will be shown on Exhibit "B" attached hereto and by this reference made part of this AGREEMENT. If the Prirne CONSULTANT is a llBE certified firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY's "DBE Program Participation Plan" and perform a minimum of 30% of the total amount of this AGREEMENT. It is recommended, but not required, that non-DBE Prime CONSULTANTS perform a minimum of 30% of the total amount of this AGREEMENT. The CONSULTANT, on a monthly basis, is required to submit DBE Participation of the amounts paid to a11 DBE firms invoiced for this AGREEMENT. All Reports, PS&E materials, and other data furnished to the CONSUI;I'ANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requireinents as outlined in Exhibit "C — Preparation and Delivery of Electronic Engineering and other Data." All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this SERVICE, shall be without liability or legal exposure to the CONSULTANT. Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other party by (i) certified mail, return receipt requested, or (ii) by email or facsimile, to the address set forth below: If to AGENCY: Name: Shannon Corin Agency: City of Bremerton Address: 345 6th Street, Site 600 City: Bremerton State: WA Zip: 98337 Email: shannon.corin@ci.bremerton.wa.us Phone: 360.473.5323 Facsimile: 360.473. 5200 If to CONSULTANT: Name: Thomas E. Skillings, PE Agency: Skillings Connolly, Inc. Address: 5016 Lacey Blvd. SE City: Lacey State: WA Zip: 98503 Email: tskillings@skillings.com Phone: 360.491.3399 Facsimile: 360.491.3857 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. This AGREEMENT may require filing with the Department of Enterprise Services (DES) pursuant to RCW 39.26.140. If such approval is required by DES, this AGREEM�NT shall not bind the AGENCY until approved by DES. If the AGREEMENT must be approved by DES, work cannot begin, nor payment made until ten (10) or more working days following the date of filing, and until approved by DES. Any subsequent SUPPLEMENTAL AGREEMENT may also be subject to filing and/or approval from DES. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT titled "Completion Date." The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD, or governmental actions, or other conditions beyond the control of the CONSUL�1'ANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the established completion time. Agreement Number: 150630-Skillings 1 nr�l Annnr�i Prnfnecinnnl Cnniirnc 1��mn Ci�m I`nnc..l+�nf A....,nm.+.+t D...... o ..i �7 V. Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES. The CONSiJLTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov). The estimate in support of the lump sum amount is attached hereto as Exhibits "D"and "E" and by this reference made part of tllis AGREEMENT. A. Lump Sum Agreement: Payment for all consulting SERVICES shall be on the basis of a lump sum amount as shown on page one (1) of tlus AGREEMENT. B. Maximum 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 on page one (1.) The Maximum Amount Payable does not include payment for extra work as stipulated in section XIII, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT. C. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of costs on a monthly basis. 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 einployees perfomling work on the SERVICES at the time of the interview. D. Final Payment: Final Payment of any balance due the CONSLTLTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the SERVICES under this AGREEMENT, contingent, if applicable, upon receipt of all PS&E, plans, maps, notes, reports, electronic data, and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment; which the CONSULTANT may have against the AGENCY unless such claims aze 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 tune of final audit all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. Per the WSDOT's "Audit Guide for Consultants," Chapter 23 "Resolution Procedures," the CONSULTANT has twenty (20) working days after receipt of the final Post Audit to begin the appeal process to the AGENCY for audit findings. E. Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for inspection by representatives of the AGENCY and the United States, for a period of six (6) years after receipt of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this AGREEMENT is initiated before the expiration of the six (6) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. A post audit may be performed on this AGREEMENT. The audit, if any, will be performed by the State Auditor, WSDOT's Internal Audit Office and /or at the request of the AGENCY's Project Manager Sub-Contracting Agreement Number: 150630-Skillings Local Aoencv Professlonal Servlces Lumn Sum Consultant Aareement PanA d nf t Z The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit "A" attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY and sub-consultant, any contract or any other relationship. Compensation for this sub-consultant SERVICES shall be based on the cost factors shown on Exhibit "E" attached hereto and by this reference made part of this AGREEMENT. All reimbursable direct labor, indirect cost rate, direct non-salary costs and fixed fee costs for the sub-consultant shall be negotiated and substantiated in accordance with section VI "Payment Provisions" herein and shall be memorialized in a final written acknowledgement between the parties. All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require each sub-consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With respect to sub-consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE's Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT, sub-recipient, or sub-consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the recipient deems appropriate. VI. Employment and Organizational Conflict of Interest The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from 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 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 CONSLJLTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly retired employees, without written consent of the public employer of such person if he/she will be working on this AGREEMENT for the CONSULTANT. Agreement Number: 150630-Skillings 1_nr.al Anancv Professienal Servir.A� Lumn Sum Concultant Anrwampnt Pnno � nf �� VII. Nondiscrimination During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub-consultants, subcontractors and successors in interest, agrees to comply with the following laws and regulations: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. Chapter 21 Subchapter V§ 2000d through 2000d-4a) • Federal-aid Highway Act of 1973 (23 U.S.C. Chapter 3 § 324) • Rehabilitation Act of 1973 (29 U.S.C. Chapter 16 Subchapter V§ 794) • Age Discrimination Act of 1975 (42 U.S.C. Chapter 76 § 6101 et. seq.) • Civil Rights Restoration Act of 1987 (Public Law 100-259) • American with Disabilities Act of 1990 (42 U.S.C. Chapter 126 § 12101 et. seq.) • 23 CFR Part 200 • 49 CFR Part 21 • 49 CFR Part 26 • 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 "F" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "F" in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. VIII. Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT 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 SERVICES. In addidon, the CONSULTANT shall be paid for any authorized extra work completed. No payment shall be made for any SERVICES completed after ten (10) days following receipt by the CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. In the event of a termination for defauit, the amount to be paid to the CONSULTANT shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to date of ternunation, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the SERVICES required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth in paragraph two (2) of this section. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT's failure to perform is without the CONSULTANT's or its employee's fault or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reunbursed for actual costs in accordance with the termination for other than default clauses listed previously. Agreement Number: 150630-Skillings I nn�l dnnnnv pinfacclnn�l Cnnilnnc I ��mn C��m r�...,�..rs�.,s a...oe...e�• Dewn C..i �9 The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any member, partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT's supervisory andlor other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee. The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. T'he CONSULTANT sha11 continue to be obligated to complete the SERVICES under the terms of this AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s) of this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT as set forth in the second and third paragraphs of this section. Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of fliis AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. IX. Changes of Work The CONSULTANT shall make such changes and revisions in the completed work of tlus AGREEMENT as necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or revised, the CONSIJLTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under section XIII "Extra Work." X. Disputes Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within �10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the D'uector of Public Works or AGENCY Engineer's decision, that decision shall be subject to judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit "J". In the event that either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. XI. Legal Relations The CONSiTLTANT any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed �under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall defend, indemnify, and hold the State of Washington (STATE) and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the negligence of, or the breach of any obligation under this AGREEMENT by, the CONSi1LTANT or the CONSi1LTANT's agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable; piovided that nothing herein shall require a CONSULTANT Agreement Number: 150630-Skillings I nr.al �lnanr.v Pmfac�lnnal SArvlrac I ��mn C��m �`nnc��/fan! anrac►mant Pana 7 nf 1� to defend or indemnify the STATE and the AGENCY and their oi�cers and employees against and hold harmless the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY, their agents, oi�'icers, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the STATE and/or the AGENCY may be legally liable; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT or the CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally liable, and (b) the STATE and or the AGENCY, their agents, officers, employees, sub-consultants, subcontractors and or vendors, of any tier, or any other persons for whom the STATE and or the AGENCY may be legally liable, the defense and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT's negligence or the negligence of the CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any AGREEMENT between CONSULTANT and any sub-consultant, subcontractor and vendor, of any tier. The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any use in connection with the AGREEMENT of inethods, processes, designs, information or other items furnished or communicated to STATE andlor the AGENCY, their agents, officers and employees pursuant to the AGREEMENT; provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions resulting from STATE's and/or the AGENCY's, their agents', officers' and employees' failure to comply with specific written instructions regarding use provided to STATE andlor the AGENCY, their agents, officers and employees by the CONSULTANT, its agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. The CONSULTANT's relation to the AGENCY shall be at all times as an independent contractor. Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the CONSULTANT in the procurement of, or performance under, this AGREEMENT. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT's owri employees or its agents against the STATE and/or the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. This waiver has been mutually negotiated by the Parties. Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable supplemental AGREEMENT, the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Agreement Number: 150630-Sk111ings 1 nr.al Anpnrv Pmfaccinnal CarvirAC I i�mn Cum �`nnc��lfanl dnronmonf D�..e a.,s t� Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability insurance written under ISO Form CG 00 O1 12 04 or its equivalent with minimum limits of one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) in the aggregate for each policy period. C. Business auto liability insurance written under ISO Form CG 00 O1 10 O1 or equivalent providing coverage for any "Auto" (Symbol 1) used in an amount not less than a one million dollar ($1,000,000.00) combined single limit for each occurrence. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance, the STATE and AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub- consultant and/or subcontractor as an additional insured (the "AIs"), with no restrictions or limitations concerning products and completed operations coverage. This coverage shall be priinary coverage and non-contributory and any coverage maintained by the AIs shall be excess over, and shall not contribute with, the additional insured coverage required hereunder. The CONSULTANT's and the sub-consultant's and/or subcontractor's insurer shall waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to: Name: Jerry Hauth Agency: City of Bremerton Address: 3027 Olympus Drive City: Bremerton State: WA 7ip: 98310 Email: jerry.hauth@ci.bremerton.wa.us Phone: 360.473.2354 Facsimile: 360.473.5398 No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT's professional liability to the AGENCY, including that which may arise in reference to section IX "Termination of Agreement" of this AGREEMENT, shall be limited to the accumulative amount of the authorized AGREEMENT or one million dollazs ($1,000,000.00), whichever is greater, unless the limit of liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT's professional liability to third parties be limited in any way. The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third pariy, and no third party beneficiary is intended or created by the execution of this AGREEMENT. The AGENCY will pay no progress payments under section V"Payment Provisions" until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. Agreement Number: 150630-Skillings I nral dnonrv Prnfoccinnal SrarvirAC 1��mn CIIM I�fl1'1Cl/It9I1�'QfYI��M�III P��re O.,f �9 XII. Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT in the SERVICES to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the SERVICES under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an equitable adjustment in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify this AGREEMENT accordingly. C. The CONSULTANT must submit any "request for equitable adjustment," hereafter referred to as "CLAIM," under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of this AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the section XII "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. XIII. Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XIV. Federal Review The Federal Highway Administration shall have the right to participate in the review or examination of the SERVICES in progress. XV. Certi�cation of the Consultant and the AGENCY Attached hereto as Exhibit "G-1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "G-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit "G-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "G-4" Certificate of Current Cost or Pricing Data. Exhibit "G-3" is required only in AGREEMENT's over one hundred thousand dollars ($100,000.00) and Exhibit "G-4" is required only in AGREEMENT's over five hundred thousand dollars ($500,000.00.) These Exhibits must be executed by the CONSULTANT, and submitted with the master AGREEMENT, and returned to WSDOT at the address listed in section III "General Requirements" prior to its performance of any SERVICES under this AGREEMENT. XVI. 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 agreeinent not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement to this AGREEMENT. Agreement Number: 150630-Skillings Local Aaencv Professlonal Services Lumn Sum Consultant Aareement PanA 1I1 nt 1? XVII. Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and AGREEMENT's contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and conditions thereof. XVII1. Protection of Confidential Information The CONSULTANT acknowledges that some of the material and information that may come into its possession or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state or federal statutes ("State's Confidential Information"). The "State's Confidential Information" includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles, credit card information, driver's license numbers, medical data, law enforcement records (or any other information identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security data, non-public Specifications, STATE and AGENCY non-publicly available data, proprietary software, STATE and AGENCY security data, or information which may jeopardize any part of the project that relates to any of these types of information. The CONSULTANT agrees to hold the State's Confidential Information in strictest confidence and not to make use of the State's Confidential Information for any purpose other than the performance of this AGREEMENT, to release it only to authorized employees, sub-consultants or subcontractors requiring such information for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish, transfer, sell, disclose, or otherwise make it known to any other party without the AGENCY's express written consent or as provided by law. The CONSULTANT agrees to release such information or material only to employees, sub-consultants or subcontractors who have signed a nondisclosure AGREEMENT, the terms of which have been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to the State's Confidential Information. Immediately upon expiration or ternunation of this AGREEMENT, the CONSULTANT shall, at the AGENCY's option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State's Confidential Information; or (ii) returned all of the State's Confidential Information to the AGENCY; or (iii) take whatever other steps the AGENCY requires of the CONSLTLTANT to protect the State's Confidential Information. As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following: the State's Confidential Information received in the performance of this AGREEMENT; the purpose(s) for which the State's Confidential Information was received; who received, maintained and used the State's Confidential Information; and the final disposition of the State's Confidential Information. The CONSULTANT's records shall be subject to inspection, review, or audit upon reasonable notice from the AGENCY. The AGENCY reserves the right to monitor, audit, or investigate the use of the State's Confidential Information collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or investigating may include, but is not limited to, salting databases. Violation of this section by the CONSULTANT or its sub-consultants or subcontractors may result in termination of this AGREEMENT and demand for return of all State's Confidential Information, monetary damages, or penalties. It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing such proprietary and/or confidential information shall be clearly identified and marked as "Confidential" and shall be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT. Agreement Number: 150630-Skillings Local Aaencv Professlonal Services Lumo Sum Consultant AerwAmQnf pa�o �� .,f �.� The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT; or (b) as soon as such confidential or proprietary material is developed, whichever is. "Proprietary and/or confidential information" is not meant to include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party; (iii) is independently developed by or for the other party; (iv) is publicly known; or (v) is generally utilized by unaffiliated third parties engaged in the same business or businesses as the CONSULTANT. The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure laws. As such, the AGENCY shall maintain the confidentiality of aII such information marked proprietary andl or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a public disclosure request is made to view materials identified as "Proprietary andlor confidential information" or otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that such records will be released to the requester tuiless the CONSULTANT obtains a court order from a court of competent jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure, the AGENCY will release the requested information on the date specified. The CONSULTANT agrees to notify the sub-consultant of any AGENCY communication regarding disclosure that may include a sub-consultant's proprietary and/or confidential information. The CONSULTANT notification to the sub-consultant will include the date that such records will be released by the AGENCY to the requester and. state that unless the sub-consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure the AGENCY will release the requested information. If the CONSULTANT and/or sub-consultant fail to obtain a court order or other judicial relief enjoining the AGENCY by the release date, the CONSULTANT shall waive and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages, liabilities, or costs associated with the AGENCY's said disclosure of sub-consultants' information. XIX. Records INaintenance Di�ring the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6) years from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain and maintain all "documents" pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all "documents" pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT's place of business during normal working hours. If any litigation, claim or audit is commenced, the CONSULTANT shall cooperate with AGENCY and assist in the production of all such documents. "Documents" shall be retained until all litigation, claims or audit findings have been resolved even though such litigation, claim or audit continues past the six (6) year retention period. For purposes of this AGREEMENT, "documents" means every writing or record of every type and description, including electronically stored information ("ESI"), that is in the possession, control, or custody of the CONSULTANT, including, without limitation, any and all correspondences, contracts, AGREEMENT `s, appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten notes, reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records, work sheets, charts, notes, drai�s, scribblings, recordings, visual displays, photographs, minutes of ineetings, tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or telephone conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original, or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original. Agreement Number: 150630-Skillings Local Aaencv Professlonal Services Lumn S�m Cens��ltant AnrpamPnt Panp 19 nf 1� For purposes of this AGREEMENT, "ESI" means any and a11 computer data or electronic recorded media of any kind, including "Native Files", that aze stored in any medium from which it can be retrieved and examined, either directly or after translation into a reasonably useable form. ESI may include information andJor documentation stored in vazious software programs such as: Email, Outlook, Word, Excel, Access, Publisher, PowerPoint, Adobe Acrobat, SQL databases, or any other software or electronic communication programs or databases that the CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones, laptops or any other electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any personal devices used by the CONSULTANT or any sub-consultant at home. "Native files" are a subset of ESI and refer to the electronic format of the application in which such ESI is normally created, viewed, and /or modified. The CONSULTANT shall include this section XX "Records Maintenance" in every subcontract it enters into in relation to this AGREEMENT and bind the sub-consultant to its terms, unless expressly agreed to otherwise in writing by the AGENCY prior to the execution of such subcontract. In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date" box on page one (1) of this AGREEMENT. � i .� - Signature � � Signature July 20, 2015 Date 19 ��� ��� Date Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the O,�ce of the Attorney General. Agreement Number: 150630-Skillings f..nca/ �l nanCV Pmfaccinnal Sarvlrac 1��mn C�im rnnc��/fanf dnroomont P�Me �� �+f �7 Exhibit A Scope of Work Project No. 42105 See attached. Agreement Number: 150630-Skillings W.SAAT Fnrm 1d/LlIR9 F_F F.Yhihif d �Pana 1 nf 1 Project No: 42105 EXHIBIT A SCOPE OF WORK Prepared for: City of Bremerton Crosswalk Improvements Design May 7, 2015 Introduction The following scope of work delineates tasks to be performed as part of the agreement between Skillings Connolly, Inc. (Consultant) and City of Bremerton (City). The City of Bremerton is requesting engineering and design services to upgrade five intersections to improve their safety. In addition to evaluating advanced warning systems and signing, it is the City's intent to bring each intersection into compliance with current Americans with Disabilities Act (ADA) standards, including Accessible Pedestrian Signals, a HAWK signal system, new rectangular rapid flashing beacons (RRFB) systems and curb ramps. This project has received federal STP grant funding from Puget Sound Regional Council (PSRC) therefore all LAG manual requirements will be followed. The intersections included in this scope are: • Kitsap Way and 11th Street • 11th Street and High Avenue • 6th Street and High Avenue • SR 304 and 1st Street • Kitsap Way and Harlow Drive Consultant work will include surveying, preliminary engineering, environmental, final design, and other work as requested by the City. No right-of-way phase is anticipated as part of this scope. Project Assumptions: • All plan sheets will be prepared in AutoCAD v.2015 format. • All roadway design will be done using Civi13D v.2015 software. • Special Provision with be in WSDOT format and completed in PS&E Runlist • Design completed by December 2015 • Construction will take place 2016 • All work will follow the LAG Manual processes • City will provide Right of Way plans • City will provide As-Builts of each intersection • City will provide an electronic copy of all City standards including standard plans to be used in this project. Washington State Department of Transportation Specifications and Standards will be used if there is not a City standard. Agreement No: 150630-Skillings Project No: 42105 • City will complete any right of entry forms required for the project. • City will provide latest federally funded special provision boilerplate in word format. • Crosswalks upgrades will not be addressed as part of the project unless specifically mentioned in this scope. An MEF document will be written and the crosswalks will be addressed as part of a future project. • The plans and design will not address the existing retaining walls at 11 Street and High Avenue. Changes may need to be made during construction based on what is observed after demo of existing sidewalk. • No soil borings will be required. References: The Consultant will perform services set forth in this SCOPE OF WORK on behalf of the City using procedures specified by the City and in compliance with the standards and requirements set forth in the following procedures, regulations and most current (at the time of execution of this agreement) adopted manuals which by reference, are made a part of this Agreement. Current (as of the date of execution of the agreement) applicable City standards and ordinances (Provided by the City). Current (as of the date of execution of the agreement) versions of the following publications and manuals will be applicable. o Standprd Specifications for Road, Bridge, and Municipal Construction -2016 (available October, 2015), published by the Washington State Department of Transportation (WSDOT). o Standard Plans for Road, Bridge, and Municipal Construction, published by WSDOT. o Highway Design Manual, published by WSDOT. o Local Agency Guidelines, published by WSDOT. o A Policy on Geometric Design of Highways and Streets, published by AASHTO. o Roadside Design Guide, published by AASHTO. o Manual on Uniform Traffic Control Devices, published by the U.S. Department of Transportation, Federal Highway Administration, as amended and approved by WSDOT. o Construction Manual, published by WSDOT. 0 2005 Public right-of-way Accessibility guidelines (PROWAGJ o Department of Ecology's Stormwater Manual for Western Washington Task 1— Project Management This task includes Consultant management of staff and subconsultants, invoices and progress reporting, progress meetings, peer review/QA/QC, and internal staff team progress meetings. Assumptions: • Notice to Proceed will be received in June of 2015 • Weekly meeting will be by phone • Schedule will be managed in MS Project Skillings Connolly, Inc. Page 2 of 9 Project No15081 City of Bremerton Crosswalk Improvements Design Agreement No: 150630-Skillings Project No: 42105 Tasks: 1.1. The Consultant will provide staff and project coordination. 1.2. The Consultant will prepare a detailed project schedule using MS Project. 1.3. The Consultant will prepare a detailed Scope of Work, budget, and a comprehensive schedule into a single document that identifies the anticipated resources necessary to complete the work (Project Management Plan). 1.4. The Consultant will schedule, prepare for, and take part in weekly telephone communications with the City. Meetings will be by telephone conference, unless specifically identified in this Scope of Work. 1.5. The Consultant will prepare a weekly project Work Plan and conduct weekly in-house team coordination meetings 1.6. Consultant will provide quality control through peer review and principal quality checks. 1.7. Consultant will manage Subconsultants. Take part in weekly coordination (emails, phone calls and face-to-face meetings) • Incorporate subconsultant plans, estimate and specials into plan sets. 1.8. Consultant will provide monthly Earned Value reports for City review. 1.9. Consultant will prepare monthly billings with progress reports. Deliverables: D-1.1 Project Schedule D-1.2 Project Management Plan D-1.3 Weekly project status meetings via phone D-1.4 Monthly invoices, with status reports and earned value reports. Task 2 — Survey Consultant crews will survey the project site, establish survey control, and develop base map. Assumptions: • No traffic control will be needed for survey. Project survey limits at each intersections are as follows: o Kitsap Way and 11th Street - No survey 0 11th Street and High Avenue — Survey northeast and west corners of the intersection from 20' past the PC and PT of the intersection 5 feet from the front and back of the sidewalk. 0 6th Street and High Avenue — Survey all for quadrants of the intersection from 20' past the PC and PT of the intersection 5 feet from the front and back of the sidewalk. o SR 304 and 1st Street - No Survey o Kitsap Way and Harlow Drive — Survey the west crossing of Kitsap Way, the southwest quadrant of the intersection and the sidewalk on the north side of the intersection. • Survey will only take place within the existing right of way. • The Consultant shall perform a field survey that will pick up the ground information to complete the base map for the project site. Skillings Connolly, Inc. Page 3 of 9 Project No15081 City of Bremerton Crosswalk Improvements Design Agreement No: 150630-Skillings Project No: 42105 • The City will mark out and call One-Call for utility locates. Tasks: 2.1 Consultant will complete topographic survey of each site. 2.2 Consultant will develop the survey base map. Deliverables: D-2.1 Base map suitable for design of curbs, gutters, and sidewalks. Base map will show all located utilities. Task 3— Initial Intersection Review (30% Design) This project is funded through a STP Grant and local funds. The City has asked for the project to be completed within those funds. To address that need the consultant will prepare 2 dimensional plan for each intersections with the scoped design options and a 30% cost estimate which will be used to adjust the scope to ensure all project goals are met. Assumptions: • A 4' smart level and tape measure will be used to evaluate ramps. � Maximum Extent Feasible (MEF) Document will be required for those portions of the intersection that cannot meeting ADA. The City and consultant will agree on which portion of the project will be included in the MEF. • Relocating of existing utilities, junction boxes and stormwater facilities are outside of the scope of the project. • The right turn lane from Kitsap Way to Harlow drive will be restriped as shoulder. • Adjusting the cross slope of Kitsap Way and Harlow drive to meet ADA Standards is not included in the project. • Existing sidewalk along the north side of Kitsap Way is not included in the project. • City will provide all available signal as-builts and pedestrian and traffic volume counts. • City will provide Traffic report from Parametrix for Harlow Drive and Kitsap Way Intersection. No additional Traffic data will be required to evaluate Harlow Drive and Kitsap for a HAWK. • DKS and Associates will perform tasks 3.1, 3.4, 3.7 and 3.8. • Geodesigns will use existing borings to size signal foundations. Geodesign will have a geotech on site for excavation of to confirm assumptions, Task 3.8 Task Description: 3.1 Prepare crosswalk analysis for the intersection locations where marked crosswalks are proposed to be introduced a. Kitsap Way and Harlow Drive b. High Avenue and 6 Street 3.2 Locate bulb outs and pedestrian refuge. 3.3 List features that will not be made ADA Compliant 3.4 Prepare proposed signal equipment layout for all five intersection locations Skillings Connolly, Inc. Page 4 of 9 Project No15081 City of Bremerton Crosswalk Improvements Design Agreement No: 150630-Skillings Project No: 42105 a. Kitsap Way and Harlow Drive — new rectangular rapid flashing beacon (RRFB) system new HAWK signal system b. High Avenue and 6 th Street — new HAWK signal system c. Kitsap Way and 11 — pedestrian signal head and pushbutton modifications d. 11 Street and High Avenue — pedestrian signal head and pushbutton modifications e. SR304/Charleston and 1 5t Street — crosswalk treatment system conversion to RRFB system 3.5 Create 2 Dimensional layouts for each intersection. 3.6 Complete 30% estimate for improvements. 3.7 Prepare a draft City of Bremerton APS policy a. The approximately two-page document will describe a reasonable and consistent policy for addressing accessible pedestrian signals and pushbuttons (APS) in the public right of way. The APS policy will be a plan and schedule that describes when existing pedestrian signal systems will be upgraded to accessible pedestrian signals and pedestrian pushbuttons and what construction / maintenance activities will trigger these upgrades. 3.8 Prepare a geotech memo with assumed soil conditions to be used for signal foundation design. Deliverables: D-3.1 List of features to be included in MEF document. D-3.2 2 Dimensional layout for each intersection (up to 5 Sheets). D-3.3 Signal equipment layout (up to 5 Sheets) D-3.4 List of non-compliant ADA features. D-3.5 30% Estimate for each intersection. D-3.6 Draft City of Bremerton APS policy. D-3.7 Proposed Signal Equitment List D-3.8 Geotech Memo Task 4— Intentionally left Blank Task 5— Environmental Assumptions: • An Area of Potential Effects (APE) is required. • This project will be exempt from further Section 106 review after the Area of Potential Effects (APE) has been reviewed by WSDOT. If WSDOT or DAHP determines that a formal cultural historical study is required, it will be added as a supplement to this scope of work. • A NEPA Checklist (FHWA/WSDOT Environmental Classification Summary (ECS)) will be prepared to comply with NEPA. • A no effect letter will be sufficient to comply with the Endangered Species Act requirements. Tasks: 5.1 Prepare the APE and Submit APE to WSDOT for review and approval of Section 106 exemption. 5.2 The Consultant will prepare an ECS and submit to WSDOT. Skillings Connolly, Inc. Page 5 of 9 Project No15081 City of Bremerton Crosswalk Improvements Design Agreement No: 150630-Skillings Project No: 42105 5.3 A Programmatic Categorical Exclusion (PCE) from WSDOT is the goal of this project. 5.4 Prepare a no effect letter Biological Assement. Deliverables: D-5.1 APE D-5.2 ECS D-5.3 No Effect Letter Task 6 — 90% Design Consultant will bring the design to 90°� level. Assumptions: • A Plan for Approval (PFA) will not be required. • The 2 dimensional layout agreed to in Task 4 will not change. • ADA upgrades will be designed for ramps and transitions sections. • Maximum Extent Feasible (MEF) Document will be required for portions of the intersection not meeting ADA. • Existing utilities, junction boxes and stormwater relocations are outside of the scope of the project unless specifically stated here. • For items designed as "prepare plan sheets", no design or additional design work will be completed. The construction inspector will review forms to verify that they comply with latest version of the PROWAG in the field. • DKS and Associates will provide task 6.5. Task Description: 6.1 Design curb ramps and transitions: a. Prepare plan sheets showing the following improvements at Kitsap Way and 11` Street. i. South west corner -Landing at 5% cross slope (Matching maximum allowable crosswalk grade) Extend ramps up to 15' in either direction. Saw cut into existing lane 4 feet and warp roadway into 5% ramp. MEF will be required. ii. South east corner — Moving J-box from current location outside of the Pedestrian Access Route. Installing a new parallel curb ramp with ramps extending the maximum 15'. New curb and remove 1' of HMA in street. Replace existing damaged Ped pole. iii. North east corner — Current ramp does not meet ADA. Replace the north wing with a 15' ramp. Final ramp will not meet ADA and will require an MEF. b. Design 2 parallel curb ramps and transitions to existing sidewalk on the north side of 11 Street and High Avenue. Prepare plans sheets showing the following improvements. i. Southwest corner move J-box outside of pedestrian path. A new parallel ramp constructed behind the existing curb and gutter. ii. Northeast corner — A new parallel curb ramp constructed behind the existing curb and gutter ramps will extend to the existing expansion joints. c. 4 perpendicular curb ramps and transitions to existing sidewalk at High Avenue and 6tn Street. Skillings Connolly, Inc. Page 6 of 9 Project No15081 City of Bremerton Crosswalk Improvements Design Agreement No: 150630-Skillings Project No: 42105 d. Prepare plan sheets showing the following improvements at SR304/Charleston and 15t Street. i. Demo the entire island on the SW corner including ramps. The existing ramps and wings meet ADA for slope but lack truncated domes and landings. The sheets will show replacing the existing ramps and wings matching existing elevations, creating a new landing at the top of each ramp and using the rest of the bulb out to transition into the existing sidewalk. ii. Replace the existing parallel ramp with a new parallel ramp with a landing. Existing curb will be used. Ped curb will be placed behind the landing to retain existing ground. 6.2 Draft intersection detail sheets for each intersection quadrant. 6.3 Design Striping layout for Kitsap Way and Harlow Drive 6.4 Design 2 Bulb outs and pedestrian refuge on the Westside of Kitsap Way and Harlow Drive intersection. 6.5 Design HAWK signal, RRFB systems and signal modifications to 90% level a. Conduit runs and power sources will be identified b. Coordinate with electric utility and submit service application 6.6 Compile Runlist of special provisions and provide list of project Specific Special provisions 6.7 Compile Quantity calc notebook 6.8 Compile 90% Engineer's estimate of Probable Cost to Construct 6.9 Design Work Zone Traffic Control Plans 6.10 Constructability review with experienced field inspectors and senior engineers. 6.11 Conduct a plan-in-hand project review on-site with City 6.12 Write MEF Document 6.13 Write Draft Stormwater Spill Prevention Plan (SWPPP) Deliverables: D-6.1 Intersection details for curb ramps (up to 13 sheets) D-6.2 Intersection details for bulb outs and pedestrian refuge (up to 4 sheets) D-6.3 Striping plan for Kitsap Way and Harlow Avenue D-6.4 Signal plans and details (up to 6 sheets) D-6.5 Work Zone Traffic Control Plans D-6.6 90% Estimate D-6.7 Finalized City of Bremerton APS policy addressing comments received from the City. D-6.8 Draft MEF D-6.9 Draft (SWPPP) Task 7— Left Blank Intentionally Task 8— Final Plans, Specifications, and Estimate The Consultant will update the plans, estimate and project notebook based on the comments received from task 11. Assumptions: Skillings Connolly, Inc. Page 7 of 9 Project No15081 City of Bremerton Crosswalk Improvements Design Agreement No: 150630-Skillings Project No: 42105 • The City will review the 90% submittal package and provide comments. • The City will meet with the Consultant to Resolve 90% comments Task Description: 8.1 Compile 90% comments in Comment Matrix 8.2 Review/Resolve 90% comments with City 8.3 Incorporate 90% comments 8.4 Submit Final plans to the City 8.5 Assemble project notebook • Advertisement for bid • Bidder Check list • Proposal Form • Proposal Bond • Performance Bond • Payment Bond • Statement of Bidder Qualifications • Non-Collusion Declaration • Certification for Federal Aid Contracts • City of Bremerton Contract • Amendments to the Standard Specifications � Special Provisions • Federal Provisions FHWA —1273 • Washington State Prevailing wage Rates • Federal Davis Bacon Wage Determination • SWPPP 8.6 Complete MEF 8.7 Complete SWPPP Deliverables: D-8.1 Comment Matrix D-8.2 (6) Half-size (11' X 17") (3 for City use during Construction and 3 to furnish to the contractor upon award) and electronic copy of PDF Final Design plans to include: o Cover sheet o Vicinity Map o Summary of quantities sheet o Demolition and TESC plans o Alignment/survey control plan o Intersection/ADA ramp layouts o Signal plans and details o Storm water report and details, SWPPP o Typical Roadway sections o Design details o Striping Plans o Staging and detour plans o Work Zone Traffic Control plans Skillings Connolfy, Inc. Page 8 of 9 Project No15081 City of Bremerton Crosswalk Improvements Design Agreement No: 150630-Skillings Project No: 42105 D-8.3 Project Notebook D-8.4 Final MEF D-8.5 Final SWPPP END SCOPE OF WORK Construction Pre-Award Services Construction Pre-Award activities may be negotiated separately from the design contract and may supplement this agreement. Construction Services Construction services may be negotiated separately from the design contract and may be a supplement to this agreement. Skillings Connolly has an experienced construction management staff to assist the County with ad, bid, award, and construction administration. All of our construction management practices follow the WSDOT Local Programs Local Agency Guidelines (LAG) Manual as a matter of practice because it is a proven way of doing business and meeting funding agency audit requirements. We will utilize our own contractor payment system that is designed specifically to follow the LAG Manual and to meet funding agency audit requirements. Our record keeping and contractor payment systems have enabled us to successfully pass several recent Local Programs project reviews. Skillings Connolly does not have a certified materials testing facility; therefore, our inspectors sample the materials and take them either to a WSDOT materials laboratory or to a local certified laboratory for testing. Prepared by: Tim Horton Date OS/OS/2015 Reviewed by: Tom Skillings Date 05/08/2015 Skillings Connolly, Inc. Page 9 of 9 Project No15081 City of Bremerton Crosswalk Improvements Design Agreement No: 150630-Skillings Exhibit B DBE Participation N/A Agreement Number 150630-Skillings IM.S!)AT Fnrin 1Q1�l1R9 EF F_Yhlhft A Pana 4 nf 1 Exhibit C Preparatior► and Delivery of Electronic Engineering and Other Dafa 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 AutoCAD v. 2015 Civil 3D v. 2015 B. Roadway Design Files AutoCAD v. 2015 Civi13D v. 2015 C. Computer Aided Drafting Files AutoCAD v. 2015 Civil 3D v. 2015 D. Specify the Agency's Right to Review Product with the Consultant The City reserves the Right to Review all Products with the Consultant. E. Specify the Electronic Deliverables to Be Provided to the Agency 1. Plan sets: CAD, PDF, and PRINT. 2. Specifications: WORD, PDF, and Print. 3. Fstimates: EXCEL, PDF, and PRINT. 4. Project File: MSPROJECT 5. Communications records; PST File. 6. Monthly/Weekly Report: Email or WORD or PDF F. Specify What Agency Furnished Services and Information Is to Be Provided Agreement Number: 150630-Skillings WSAAT Fnrm 4d/L/IAO FF Fvhlhit �` .,___ ._s ., II. Any Other Electronic Files to Be Provided 1. Geotechnical reports or memorandums: PDF or WORD formats. 2. Traffic Plans and Reports: PDF or WORD formats. III. Methods to Electronically Exchange Data 1. Company FTP site set-up for the City of Bremerton Crosswalk Improvements Design. 2. Email. � 3. CDs. A. Agency Soflware Suite 1. MS Office v. 2010 2. MS Project v. 2013 3. AutoCAD v. 2015 4. Civil 3D v. 2015 B. Electronic Messaging System Email C. File Transfers Format 1. AutoCAD v. 2015 2. Civi13D v. 2015 3. Company FTP site set-up for the City of Bremerton Crosswalk Improvements Design. 4. CDs. Agreement Number: 150630-Skillings W.CAAT Fnrm 4d/!./1RQ F_F Frhihif (` •Pana 2 nf 2 Exhibit D Prime Consultant Cost Computations Agreement Number: 150630-Skillings WCfl/1T Cnr�n 4dMA0 RC Rv1�11t1f A Osw.. 4.�! 4 EXHIBIT D-1 CONSULTANT FEE DEiERMINAiION - MAIY-HOURS Agreement No: 150630-Skillings EXHIBIT D-2 CONSULTANT FEE DETERMINATION - SUMMARY PROIECr NAME: 15081 Clty Of Bremerton Gosswalk Im rovements NEGOTIATED HOURLY RATE NHR): aas in nn x aaee = cose RINCIPAI-IN-CHARGE 32 X $158.00 = $5,056.00 ROJECT MANAGEfl 95 X $140.00 � $13,300.00 ROIECT ENGINEER 30 X $136.00 � $4,080.00 HENVIRONMENTAlSC1ENTI5T 4 X $140.00 = $560.00 AFF SCIENTIST 56 X 582.00 = $4,592.00 NGINEER 222 X $308.00 � $23,976.0p URVEY MANAGER 8 X $158.00 = $1,264.00 MANSU0.VEYCREW 10 X $188.00 = 51,880.00 CHNICIAN 184 X $85.00 = 515,640.00 PISPEROR 24 7( $114.00 � $2,736.00 ROJECTADMINISTRATOR 12 X $80.00 = $960.00 Totat Hours = 687 Totel NHR = 574,844 00 REIMBURSABLES: Mileage 420 x $0.575 = $241.50 MLUellaneous Expenses $400.00 X 0% � $400.00 TotalExpense� 5641 SO UBCONSULTANT COST (See E�ibit G): oKS Crrafnc) Sai.saz.�a x o% = 5ai,saz.�a GeoTech 52.600.00 X 0% _ $2.600.00 SubconsulWnt 2 50.0o x io9c = So.00 Subconsuttant 3 50.00 X 10% _ $0.00 ToWI Subtonsukanb = $44,182.78 U&TOTAL (NHR + REIMBURSABLES +SUBCOIUSULTANTS): sub roral= $119,668.28 MANAGEMENT RESERVE FUND: SUBTOTAL= 5319,668.28 x 0% = MRF= 50.00 GRAND TOTAL . GRAND TOTAL = $319,668 PREVARED 8Y: Tim Horton DATE: e/ie/2ot REVIEINEO BY: DATE: Agreement No: 150630-Skillings EXHIBIT D3 CONSUL�ANT FEE DETERMINATION - EXPENSES Item Description Basis quanti Rate Total 1 Telephone Month 4 $20.00 $80.0 2 Auto Rental Each $0.00 3 Lodging Da $0:00 4 Per Dfem-Meal Day $0.00 5 Photo Co les - Blk & White Each $0.10 $0.00 6 Photo Coples - Color Each 120 $0.35 $42.00 7 Haif Sized Prints Each 256 $0.50 $128.0 8 full Sized Prints Each 0 $6.00 $0.00 9 Postage Month $0.0 10 Shipping Month $p, 11 FAXs Each $0.00 12 Miscellaneous ProJect Costs Month 100 $1.00 $100.00 13 Mfscellaneous Survey Costs Estimated 50 $1.00 $50.00 14 Trafflc Control Estimated $0.00 Total Miscellaneous Expenses $4pp,p Mfleage Per Mile 420 0.575 5241.5 TotalExpenses $641.5 umptions 1 Tele hone Estfmated 2 Auto Rental Estimated trips 3 Mileage Estimated mites 3 trl s@ 140 mile per trip 4 lodging 5 Per Dlem-Meal 6 Photo Coples - Bik & White Esttmated Draft and flnal SWPPP, MEF, APS 7 Photo Copies - Colored Estimated 8 Half Sized Prints Estimate 32 pian sheeh 2 submlttels plus fi flnal plans 9 FuIlSized Prints 10 Postage Estimated 11 Shi ing Estimated 12 FAXs Estimated 13 Miscellaneous Projed Costs Estimated 14 Miscellaneous Survey Costs Estimated 15 Purchase Order Estimated Pre a Tim Horton Date: 6 18 2015 Agreement No: 150630-Skillings Exhibit E Sub-consultant Cost Computai`ions DKS Associates, Inc. - Signal Design GeoDesign, Inc. - Geotechnical Services Agreement Number: 150630-Skillings WCf1nT Fnrm 1dl�OAA .F_F F_rhfhif F PAf/A'I f1f 'I EXHIBIT E-1 GeoDeaign, Inc. FEE SUMMARY ProJect: BremeRon New Signal -(HAW!() � Job No. Sktll(ngs•19-01 Dffie 7!9/ZOlS Standard Schedule (33 or Direct Sula Cost DSC SS Fixed Fee Lador Rate 2016 Stendard Schedule GeoDesl n OH Rate, lf DSC calculaUon is used Inctude Laborato Cost ae Labor Houre NO II Labor is DSC Is Ne Flxed Fee = FF x DSC+Q ? NO if answered "YES" Enter Lebor Dlvislon: Allowable Handltn Che e Senlor Lab Tech 26°� Leb Technlclan I 7b°� GE DESI�N LABOR • Summarv from Oeodesian Houra Workshaat OeotechMcal ConstruWon Memo Observatlon 1. Princl at 2. Senior Assxlete 3. Ilswclate 4. Senlar Pro eU Men er 5. Pr ect En Ineer/Geal Ist 6. Pr ett En h�eerlGeol Ist 7. En Ineerin Geol Ieal5tal 8. En Ineerin Geol kal Slel 9. E ineerin Geol kal Sta 10. Senlor Technlcian 11. CAD 12. Teehnklan II 13. Technklan lab 14. Senior eU A5515tant 15. ett ASSlstent 16. Su at Stelf SUBTOTAL-labor OVERHEAD (01n COST (Induding 9atary Addlttves) FIXED FEE (FF�: 51,2�4 51,168 Totel I Labor Rete I Cost Noure 18.8 Q2.5�0 �2,356 _.. ___ --__. ... _--- --- �----.,_.....___.._... .. _- -- -_ __._...._.._ ......_..._... ..- _ -..._.._..._. .-- -- . _ .. .. - - -- .-._... . - ,. _. . ._.. . —SUBTOTAL.L.A.BOR . ...... ... .- - ---. ._ .... _ ... ... _ _ -- - - 51,168- -- - =-= - --.5�]?6 -- - Oeoteehnleal Conatrudlon gubcontracto�s Unit Rete Eatended Memo Observatlon _ . -- - --- _.... ... _.. . SUBTOTAL,EGUIPMENT .._._ .._.__. .._ i200 -,--- ._. _._._ __E189_60 Geoteehnleal Constructlon SubeoMraetora Unit Rffie Eatended x�uamcnn� ee. MeD70 Ob82IVOtlon 9UBTOTAL REIMBURSABLES (ieoteehnleal ConsWetlon g�D��� UM! Rate F.ufendcd LABORATORY7ESTiNO: Memo Observatlon SUBTOTAL LABOttATORY _.._._.._�..--- ----- -.. _.. .__ .-- ---- ..__........ --------.. _. ._._-- ''---�-- - ---- - -...-------- ----- _ -._._._...._..__.------- -- _ -- _ _ - --------- OeoDealgn Chargp_SubTotal _ .._.. - - ---� ----_ . - -- - S1'2�4 -- -- 5 1,366 . .---._ _---- ----- - ---- ---- ----- --- ---�'� Oeoleehnkel Con�ructlon ���� SUBTOTAL HC Ertended e��nrnerroermoa n..w...�e ee...�we.. e....n��u.�e� Mq�ro Observotlon �un � v rA� suncvnsu� �wn � s ma nc � Oeodxhnleal Co�6vetlon SUbeOnbect Memo Obserw•dlon 018 �-- ---._.----�---- ....___ ..... ........--� ------------- .�.------- --_--------------� ACTUAL SUBTOTAL BY PHASE incl HC � � ----------�- ----._-----------------�--------E1,234_-- a1,986 ...... 52,689_26j ------...----------�----� --------�-� r RC:L!1Dr[� Uf' gUrTOrAii 3Y ��P9�?SE inr.! ::C 39.'?`v 8�.3611 52.::n3 .-------------- ----------•---------._ --- -------- --------------�...-�-------�---�---,..,. TOTAL - ESTIMATED FEE -------- ---- ------------- — ------------ - 32 634 26 ----- -- --- —�---- ---- •----- --------'---=--• �D� Agreement No: 150630-Skillings HOUR AND FEE ESTIMATE Project: City of Bremerton/Skillings Connolly Crosswalks 18-May-15 DKS Associates Description Task Work Element 1- Project Manage 1.1 Pro�ect management admin 1.2 Overall Pro�ect managemer 1.3 Citv and prime coordination :nses - Task T Work Element 3- Prelimina La out 3.1 Com ile and review existing data 0 1 0 4 0 0 0 1 6, 255 451 76 $ 781.88 3.2 ReviewAs-Builts 0 1 0 ! 4 0 0 0 0 5 233 412 70 $ 714.31 3.3 Meet with SC and City Staff at Each Location 0 8 0 8 0 0 0 0 16 799 1,415 240 $ 2,453.11 3.4 PrepareCrosswalkAnalysis 0 1 8 30 0 0 1 � 0 40 1,819 3,222 546 $ 5,586.46 3.5 Pre are 30% lans and opinion of cost ! 1 2 0 10 2 � 0 32 0 47 1,582 2,802 475 $ 4,858.94 3.6 APS Policy 0 1 10 0 0 0 0 0 11 566 1,002 170 $ 1,736.96 Reimbursable ex enses - see breakdown for details $ 700.00 Task Total 1 14 18 56 2 0 33 1 174 4,687 8,301 1,406 $ 16 831.66 Work Element 6- 90% Desi n 6.5 Signal Plans 1 2 0 44 10 0 12 0 69 2,801 4,960; 840 $ 8,600.95 6.6 Specs Div 7 and 8 ' 0 2 0 16 0 0 0 i 0 18� 819 1,451' 246 $ 2,515.76 6.8 CostEstimate 0 2 0 0 16 0 i 0 , 0 18' 659 1,167 198 $ 2,024.40 Reimbursable ex enses - see breakdown for detads $ TaskTotal 1 6 0 60 26 0 12 0 105 4,279 7,578 7,284 S 13,741.92 Work Element S- Final Desi n 8.4 5ignal Plans 1 2 0 8 24 0 10 0 45 1,631 2,889 489 $ 5,009.42 8.5 Specs Div 7 and 8 0 2 0 0 0 0 0 0 2 111 197 33 $ 341.50 B.SA Cost Estimate 0 1 0 0 0 0 0 0 1 56 98 17 $ 170.75 Reimbursable ex enses - see breakdown for details ' $ 200.00 Task Total 1 5 0 8 24 0 10 0 48 1,798 3 184 539 $ 5 721.66 TOTAL HOURS AND TOTAL ESTIMATED FEE 3 55 78 124 52 0 61 1 303 72600 22315 3780 ;$ 41,582.79 � services EXHIBIT E-2 DKS ASSOCIATES CAD � Principal Project Senior Senior Pro�ect Assistant echnician/ Engineer Manager Planner Engineer Engineer Engineer Admin Intem Direct Overhead Profit EffecUve multiplier $ 64.00 $ 55.60 $ 51.00 $ 44.25 �$ 34.25 $ 30.75 $ 28.00 $ 22.00 Hours Labor Cost 177.10% 30% 3.0710 0 6 0 0 0 0 6 0 12 502 888 150 $ 1, 540.41 0 12 0 0 0 0 0 0 12 667 1,182 200 $ 2,048.97 0 12 0 0 0 0 0 0 , 12 667 1,182 200 $ 2,048.97 � ' $ 250.00 City of Biemerton Page 1 of 1 DKS Crosswalks 5/182015 Exhibit F Title V/ Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: 1. 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 this AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub-consultants, including procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when this AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. 3. Solicitations for Sub-consultants, Including Procuren�ent 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 the AGENCY, the STATE, or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, the STATE, or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non-compliance: In the event of the CONSULTANT's non-compliance with the non- discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE, or the FHWA may determine to be appropriate, including, but not limited to: • Withholding of payments to the CONSULTANT under this AGREEMENT until the CONSULTANT complies, and/or; • Cancellation, termination, or suspension of this AGREEMENT, in whole or in part. 6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through (5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub-consultant or procurement as the STATE, the AGENCY, or FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub-consultant or supplier as a result of such direcdon, the CONSULTANT may request the AGENCY enter into such litigation to protect the interests of the STATE and/or the AGENCY and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. Agreement Number: 150630-Skillings W.CAnT Fnrm 1dA.I1R4 FF FrF►ihfl F D�.,e �..s � Exhibit G Certification Documents Exhibit G-1(a) Exhibit G-1(b) Exhibit G-2 Exhibit G-3 Exhibit G-4 Certification of Consultant Certificatlon of Citv of Bremerton Certification Regarding Debamient, Suspension and Other Responsibility Matters - Primary Covered Transactions Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying Certificate of Current Cost or Pricing Data Agreement No: 150630-Skillings WSDOT Form 14Q-089 EF Exhibit G Paaa f nf i Exhibit G-1(a) Certification of Consultant I hereby certify that I am the and duly authorized representative of the firm of Skillings Connolly, Inc. whose address is 5016 Lacey Blvd. SE, Lacey, WA 98503 and that neither the above firm nor I have: a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure this AGREEMENT; b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any); I acknowledge that this certificate is to be furnished to the and the Federal Highway Administration, U.S. Deparhnent 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. Skillings Connolly, Inc. Consultant (Firm Name) ,�,, �/��^� Signature (Authorized 0 cial of Consuitant July 20, 2015 Date Agreement No: 150630-Skillings WSDOT Form 140-089 EF Exhfbft G v��o � �� � Exhibit G-1(b) Certification of I hereby certify that I am the: � M ��or ❑ Other of the City of Bremerton , and Skillings Connolly, Inc. or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out tlus AGREEMENT to: a) Employ or retain, or agree to employ to retain, any firm or person; or b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): I acknowledge that this certificate is to be furnished to the and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal �aws, both criminal and civil. � l �� l/� !� / J Signature Date Agreement No: 150630-Skillings WSDOT Form i40-089 EF Exhibit G Paae 1 nf 1 Exhibit G-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 debannent, declazed ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; B. Have not within a three (3) year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State anti-trust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen properly; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and D. Have not within a three (3) year period preceding this application / proposal had one or more public transactions (Federal, State and local) temunated 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. Skillings Connolly, Inc. Consultant (Firm Name) � � � - Signature (Authorized Official Consultant) July 20, 2015 Date Agreement No: 150630-Skillings WSDOT Form 940-089 EF Exhib!! G Paae 1 of 1 Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 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, a officer or employee of Congress, or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative AGREEMENT, and the extension, continuarion, renewal, amendment, or modification of Federal contract, grant, loan or cooperative AGREEMENT. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an of�icer 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. T'his certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00, and not more than. $100,000.00, for each such failure. � The prospective participant also agrees by submitting his or her bid or proposal that he or she shall' require that the language of this certification be included in all lower tier sub�ontracts, which exceed $100,000, and that all such sub-recipients shall certify and disclose accordingly. Skillings Connolly, Inc. Consultant (Firm Mame) ;' �. Signature uthorized Officia of Consultarit) July 20, 2015 Date Agreement No: 150630-Skillings WSDOT Form 140-089 EF Exhlblt G Paae 9 of 1 Exhibit G-4 Certificate of Current Cost or Pricing Data This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section 2.101 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted, either actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer's representative in support of Bremerton Crosswalk Improvements ' are accurate, complete, and current as of July 13, 2015. ". This certification includes the cost or pricing data supporting any advance AGREEMENT's and forward pricing rate AGREEMENT's between the offer or and the Govemment that are part of the proposal. Firm: Skillings Connolly, Inc. � Vice President Signature Title Date of Execution*'"*: #IdentiFy the proposal, quotation, request for pricing adjustment, or other submission involved, giving the appropriate identifying number (e.g. project title.) •*Insert the day, month, and yeaz, 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 tNe contract price was agreed to. Agreement Number: 150630-Sltillings WSDOT Fnrm 1dI1.OR9 EF F..Yhihit f; P�no � n! � Exhibit H Liability Insurance Increase To Be Used Only If Insurance Requirements Are Increased The professional liability limit of the CONSULTANT to the AGENCY identified in Section XIII, Legal Relations and Insurance of this Agreement is amended to $ . The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the amount of $ . Such insurance coverage shall be evidenced by one of the following methods: • Certificate of Insurance. • Self-insurance through an irrevocable Letter of Credit from a qualified financial institution. Self-insurance through documentation of a separate fund established exclusively for the payment of professional liability claims, including claim amounts already reserved against the fund, safeguards established for payment from the fund, a copy of the latest annual financial statements, and disclosure of the investment portfolio for those funds. Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed $1 million per occurrence or the value of the contract, whichever is greater, then justification shall be submitted to the Federal Highway Adminisnation (FHWA) for approval to increase the minimum insurance limit. If FHWA approval is obtained, the AGENCY may, at its own cost, reimburse the CONSULTANT for the additional professional liability insurance required. Notes: Cost of added insurance requirements: $ • Include all costs, fee increase, premiums. • This cost shall not be billed against an FHWA funded project. • For final contracts, include this exhibit. Agreement Number: 150630-Skillings WSDOT Form 140-089 EF ExhlbJt H p�„o �„f � Exhibit 1 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 caze. 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 6y Agency's Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 Project Manager pocuments the Alleged Consultant Design Error(s) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs, records of labor, materials and equipment. Step 3 Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project 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 aze three possible scenarios: It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place. The agency is to provide LP, through the Region Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements. No further action is required. • There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. Agreement Number: 150630-Skillings W.C/1AT Fnrm 1dMRG FF Fvl.i1,U 1 e...... �..s �f Step 5 Forward Docu�ents to Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary, LP will request assistance from the Attorney General's Office for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement. • If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. LP, in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue. • If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or by litigation. Agreement Number: 150630-Skillings WCAnT Fn►ti» 1d/6/1RQ FF Frh/hU 1 • p��ra 9 �� 7 Exhibit J Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1 Consultant I+'iles 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 Compeosation After the consultant has completed step 1, the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs (if applicable), and FHWA (if applicable) agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim. After the request has been approved, the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payinent for the agreement is subject to audit. No further action in needed regarding the claim procedures. If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures. Agreement Number: 150630-Skillings WSDOT Fomt 140-089 EF Exhlblt J PanA 1 nf � 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 prepaze a summary for the D'uector 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 claun(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 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 D'uector of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim(s) and rationale utilized for the decision. Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. Agreement Number: 150630-Skillings WSDOT Form 140-089 EF Exhfblt J Paoe 2 of 2 (42)1A Supplemental Agreement Number 1 Organization and Address Skillings Connolly, Inc. PO Box 5080 Original Agreement Number Lacey,WA 98509 AE-16-601 Phone: 360.491.3399 Project Number Completion Date: 15071 December 31,2017 Project Title New Total Billable Amount: Bremerton Crosswalk Improvements $133,306.00 Description of Work Revise the previous design for the intersection of 6th Street and High Avenue to include a new luminaire pole,and to provide ongoing services during construction The Local Agency of City of Bremerton desires to supplement the agreement entered into with Skillings Connolly,Inc. and executed on December 31, 2016 and identified as Agreement No.AE-16-301. All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 1, SCOPE OF WORK, is hereby changed to read: See Exhibit A,Scope of Work and by this reference is made part of this Agreement. I I Section IV,TIME FOR BEGINNING AND COMPLETION, is changed from December 31, 2016 to December 31, 2017 III Section V, PAYMENT, shall be amended as follows: Original Agreement $119,668.00 Supplemental Agreement No. 1 13,638.00 Total Amount Billable $133,306.00 Aici✓Pigbff Agreed to this ,. � day of 8.eber, 2016 By: Skillings Connolly, Inc. By: City of Bremerton -071/X..) % 0P Corisultant Si_nature Approving orit Signature/. 1 6 Skillings Connolly,Inc. Page 1 of 8 Project No.15071 City of Bremerton Revised Intersection Plans EXHIBIT A SCOPE OF WORK Prepared for: CITY OF BREMERTON CROSSWALK IMPROVEMENTS DESIGN October 4,2016 Introduction The following scope of work delineates tasks to be performed as part of the agreement between Skillings Connolly, Inc. (Consultant) and City of Bremerton (City). The City of Bremerton is requesting engineering and design services to add a luminaire to the NE corner of Sixth and High.The luminaire is to replace the designed luminaire at the SE corner of the intersection that is in conflict with PSE lines. PSE has requested this design change instead of relocating their overhead power lines. Task 1—Project Management The Consultant will complete QA/QC of revisited PS&E. Review subconsultant invoices and prepare monthly billings. Assumptions: • Project will require 2 billings. Tasks: 1. Revised PS&E QA/QC 2. Monthly invoices Task 2—Final Plans,Specifications,and Estimate The Consultant will update the plans, specifications and estimate to include the design of a new luminaire at the intersection of 6th Street and High Avenue as a revision to the original plan prepared for the intersection. An estimate will be prepared for the new luminaire only and provided as an addendum to the original estimate. If necessary,the specifications will be revised. Assumptions: • It is assumed that the previous design is accurate and correct for all elements not related to the new luminaire and therefore all new design elements will be solely for the purpose of the new luminaire. • Revised plan will be provided to the City for review. • Only one review will be done before submitting final plans. • In the event of unavoidable utility conflict, a special foundation design can be prepared as part of Task 4. Skillings Connolly,Inc. Page 2 of 8 Project No. 15071 City of Bremerton Revised Intersection Plans • Estimate will be prepared for luminaire only and will be provided as an addendum to the original estimate. • Specifications shall be revised to reflect the added design. Task Description: 1. Prepare revisions to original plan adding new luminaire to northeast corner of the intersection of 6th Street and High Avenue. 2. Submit Final plans to the City 3. Submit Final Special Provisions to the City. Deliverables: • Half-size electronic copy of PDF Final Design plans to include: o Signal plan revision • Specifications • D-2.5A Cost Estimate Task 3—Ongoing Services During Construction CONSULTANT shall provide the following services during the construction period: 1. Prepare documents as needed to respond to Contractor's questions and clarifications. 2. Review shop drawings and catalog cuts as necessary. 3. Provide 1 spot inspections during construction. Task 4—Specialized Foundation Design If it is found that the new luminaire is unable to be placed in a way that avoids all underground utility conflicts,then the Consultant shall design a special foundation such that conflicts are avoided. This task shall be an additional fee contingent on whether a standard foundation is able to be utilized. END SCOPE OF WORK Prepared by: 10/04/2016 Tim Horton,PE Reviewed by: 10/04/2016 Thomas E.Skillings,PE Skillings Connolly,Inc. Page 3 of 8 Project No.15071 City of Bremerton Revised Intersection Plans EXHIBIT B-1 CONSULTANT COST COMPUTATION-MAN-HOURS PROJECT NAME: 15071-SUPP NO 1 � xi O Dv CITY OF BREMERTON m m m 3 REVISED INTERSECTION AT 6TH AND HIGH AVE = n --i n Z p m D Z m q 0 m P3 72 TASK# TASK DESCRIPTION 1 PROJECT MANAGEMENT 1 Subconsultant Coordination 2 5 2 PLAN REVISIONS Prepare revisions to original plan adding new 1 luminaire to northeast corner of the intersection of 6th Street and High Avenue 1 2 Submit final plans,specifications and estimate to the City 2 3 Predesign site visit 6 3 CONSTRUCTION SUPPORT 1 Submittal review and tracking 1 2 2 1 construction site visit 6 HOURS PER DISCIPLINE 2 16 2 5 Skillings Connolly,Inc. Page 4 of 8 Project No. 15071 City of Bremerton Revised Intersection Plans EXHIBIT B-1 CONSULTANT COST COMPUTATION-SUMMARY NEGOTIATED HOURLY RATE(NHR): Man Classification Hours X Rate = Cost PRINCIPAL-IN-CHARGE 2 X $158.00 = $316.00 PROJECT MANAGER 16 X $140.00 = $2,240.00 ENGINEER 2 X $108.00 = $216.00 PROJECT ADMINISTRATOR 5 X $80.00 = $400.00 Total Hours = 25 Total NHR = $1,112,00 REIMBURSABLES: Mileage 240 X $0.575 = $138.00 Miscellaneous Expenses $137.00 X 0% _ $137.00 Total Expenses= f1D SUBCONSULTANT COST(See Exhibit G): DKS(Traffic) $10,190.82 X 0% _ $10,190.82 Total Subconsultants= 110,396.42 SUB-TOTAL(NHR+REIMBURSABLES+SUBCONSULTANTS): Sub Total= $13$37,82 MANAGEMENT RESERVE FUND: SUB TOTAL= $13,637.82 x 0% = MRF= $0.00 GRAND TOTAL GRAND TOTAL = $13,638 PREPARED BY: C(66— DATE: 10/4/2016 Tim H i n,IPE REVIEWED BY: DATE: 10/4/2016 Thomas E.Skillings, PE Skillings Connolly,Inc. Page 5 of 8 Project No. 15071 City of Bremerton Revised Intersection Plans EXHIBIT C-1 SUBCONSULTANT SCOPE OF WORK DKS ASSOCIATES Introduction The following scope of work delineates tasks to be performed as part of the agreement between Skillings Connolly, Inc. (Consultant) and City of Bremerton (City) by DKS Associates. The City of Bremerton is requesting engineering and design services to revise the previous design for the intersection of 6th Street and High Avenue to include a new luminaire pole, and to provide ongoing services during construction. Project Assumptions: • All plan sheets will be prepared in AutoCAD v.2015 format. • Special Provision will be in WSDOT format and completed in PS&E Runlist • All work will follow the LAG Manual processes • The new design will be prepared as a revision to the previously designed plan sheet for the intersection of 6th Street and High Avenue. References: The Consultant will perform services set forth in this SCOPE OF WORK on behalf of the City using procedures specified by the City and in compliance with the standards and requirements set forth in the following procedures, regulations and most current(at the time of execution of this agreement) adopted manuals which by reference, are made a part of this Agreement. • Current(as of the date of execution of the agreement) applicable City standards and ordinances (Provided by the City). • Current (as of the date of execution of the agreement)versions of the following publications and manuals will be applicable. o Standard Specifications for Road, Bridge, and Municipal Construction -2016(available October, 2015), published by the Washington State Department of Transportation (WSDOT). o Standard Plans for Road, Bridge, and Municipal Construction, published by WSDOT. o Highway Design Manual, published by WSDOT. o Local Agency Guidelines, published by WSDOT. o A Policy on Geometric Design of Highways and Streets, published by AASHTO. o Roadside Design Guide, published by AASHTO. o Manual on Uniform Traffic Control Devices, published by the U.S. Department of Transportation, Federal Highway Administration, as amended and approved by WSDOT. o Construction Manual, published by WSDOT. o 2005 Public right-of-way Accessibility guidelines (PROWAG) o Department of Ecology's Storm water Manual for Western Washington Task 8—Final Plans,Specifications,and Estimate The Consultant will update the plans, specifications and estimate to include the design of a new luminaire at the intersection of 6th Street and High Avenue as a revision to the original plan prepared for the Skillings Connolly,Inc. Page 6 of 8 Project No.15071 City of Bremerton Revised Intersection Plans intersection. An estimate will be prepared for the new luminaire only and provided as an addendum to the original estimate. If necessary,the specifications will be revised. Assumptions: • It is assumed that the previous design is accurate and correct for all elements not related to the new luminaire and therefore all new design elements will be solely for the purpose of the new luminaire. • Revised plan will be provided to the Prime Consultant for submittal to the City for review. • Only one review will be done before submitting final plans. • In the event of unavoidable utility conflict, a special foundation design can be prepared as an additional task for additional fee. • Estimate will be prepared for luminaire only and will be provided as an addendum to the original estimate. • Specifications shall be revised to reflect the added design. Task Description: 2.1 Prepare revisions to original plan adding new luminaire to northeast corner of the intersection of 6th Street and High Avenue. 2.2 Submit Final plans to the Prime Consultant for incorporation into Submittal to the City 8.5A Submit final special provisions to the Prime Consultant for incorporation into the Submittal to the City Deliverables: D-2.1 Half-size electronic copy of PDF Final Design plans to include: o Signal plan revision D-2.5 Specifications D-8.5A Cost Estimate Task 9—Ongoing Services During Construction CONSULTANT shall provide the following services during the construction period: 3.1 Prepare documents as needed to respond to Contractor's questions and clarifications. 3.2 Review shop drawings and catalog cuts as necessary. 3.3 Provide spot inspections during construction. Task 10—Contingency Task If it is found that the new luminaire is unable to be placed in a way that avoids all underground utility conflicts, then the Consultant shall design a special foundation such that conflicts are avoided.This task shall be an additional fee contingent on whether a standard foundation is able to be utilized. Prepared by: Chad Martinell Date 10/03/2015 Revised by:Richard Hutchinson for Subconsultant Scope Skillings Connolly,Inc. Page 7 of 8 Project No. 15071 City of Bremerton Revised Intersection Plans N CO 0) CO 00) COO 0 00 O O 0N00 V MOWOW WOW M r` O) O 0) M V' O Oi N ,- co ,- CO (O CO y (O M O U7 CO 0) O N CO C O V w E o co CO O N N CO O 4.0N M 0 M O co Na' O N O N M .- - V N Co O \ 1- U. co co to ul a) W M (9 f9 f9 ,9 f9 (9 f9 f9 49 O Vf v) __ WON , N (0 (O M N M (O M O f0 0 M 01e N M V N (O O r- r a` co —_- V N O) 0N- N- 0 M (O 00 N r` 0 m co N o co N 0) Of r co 0) M co M N Q1 N O• - N (MO N OC N N h- . O 0.. 0. 04 V M N M (O .- n I.-50 N M m. N .- N E n N N M J -_. O) N Q (1) 0) 1". .- N N N 7 N N N N O I CC E O Q .a-) N 0 O O O O C c G M 2 � o - - — D 0 .5 .so Q E N( 0 00 ow O co U a9) 9 Z i- 0 o N• .c M O aa O O Q -‘7, a) O c I- Q w (9 N n U eL (0 (1 m N H G E a) c 4 o O o O O o v' - U W 0 - we ,,, o X v) oo , ti, W o = `O ate) N (13 U N rn CO N (O v 1: a (O CO O N a N c J w (9 Z — Q o J C C O O O o O O 0 (0 0 CO d (9 V) _. o rn U O C N N .- . v N N v aO , N N m 0_ 2 f9 D NO aa) o 'o .c V .- M .- r- M (D O co c (3)(0 c c a w - (0 w v (y m w •a) z _ -o 2 a LL a W O O C O W O Z O FF I- 4t o U ur O3 Q o 0 C ar -o C a) y 2 Y U - Y H O O N (= N y N 3 U)) v O. � 0 7 4 J Y W c C z d ; w 0 a) g A a) :q w` Q O v Y cNWE N NI- d FO c1- . Q 0 Ac Q E U) 0 °) y (p in .Q IA .2 (0 (0 0 0 N N N 0 2 i Y 5 c c 1- rn C c i c 1- Z rn� c F F H CO CO 0 0) O 00_ C N ca 00_ X N C .0 0- Z m a c x oo)-o p c a) W o m aa)) < W ` W C c as d N C �p a„ a) U c O V) 00 o iLrnoma O OO -0 0_ 70 CC W V U °,2 -0 .0 .-2(n > E m a 0 o w p a) LL co 7 c a) 7 J 4-. "11J- E N O m aci .o c3 w E w a > £ )a- aci E w m m Z .0 E 9)) n o 'a) E ai aa) ° 'a) O E a.� < 3 • d Q Y Y s- (O Q Y .- N M Y .- U 50U Q O` Y0 co 6a0O 8666 Co I 0_ 0 t— 3 co 3 3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2016 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY D 12/01/2026 of Marsh USA LLC X 20702 60,000,000 22667 WCU C72801453 (WA) 10,000,000 A B 2,000,000 12/01/2026 X Indemnity Insurance Company of North America Excess Workers Compensation 12/01/2025 2,000,000 20699 Joanne Melazzo 12/01/2026 CLE-005487375-36 12/01/2025 X 15,000,000 11/21/2025 X 12/01/2026 5,000,000 19,900,000 X SIR 2,000,000 2,000,000 A joanne.melazzo@marsh.com 12/01/2026 12/01/2025 12/01/2025 X 43575 XSA H11361493 Ea Acc/Dis Employee/Dis Policy 10,000 12/01/2025 WLR C7280143A (AOS) SCF C72801441 (WI) XEU G27924840 011 19,900,000 THIS INSURANCE IS PRIMARY AND NON-CONTRIBUTORY WITH ANY OTHER INSURANCE AVAILABLE TO THE CERTIFICATE HOLDER. WAIVER OF SUBROGATION IS APPLICABLE WHERE REQUIRED BY WRITTEN CONTRACT AND ALLOWED BY LAW. ANY OTHER INSURANCE AVAILABLE TO THE CERTIFICATE HOLDER. THE CITY, THE CITY’S OFFICERS, OFFICIALS, BOARDS, COMMISSIONS, AGENTS, REPRESENTATIVES, VOLUNTEERS AND EMPLOYEES ARE INCLUDED AS ADDITIONAL INSURED WITH RESPECT TO GENERAL LIABILITY POLICY AND AUTOMOBILE LIABILITY POLICY WHERE REQUIRED BY WRITTEN CONTRACT WITH THE NAMED INSURED. CATE HOLDER. TO THE CERTIFICATE HOLDER. ACE Fire Underwriters Ins. Co. LLC Comcast Cable Communications Management, Philadelphia, PA 19103 1701 John F. Kennedy Blvd 19,900,000 ACE American Insurance Company X 30 South 17th Street Marsh USA LLC Attn: Comcast.Certs@marsh.com Fax: 212-948-0360 Philadelphia, PA 19103 XSL G49368793 ACE Property & Casualty Insurance Company N 345 6TH STREET, SUITE 100 BREMERTON, WA 98337-1873 CITY OF BREMERTON ATTN: CITY CLERK 12/01/2025 C 20,000,000 215-246-1120 SIR: $100,000 X A 10,000,000 12/01/2026