The URL can be used to link to this page

Home My WebLink About5526AGENDA BILL CITY OF BREMERTON CITY COUNCIL �Yi�i2ect `J�� 5K SUBJECT: Supplement No. 3 to Study Session Date: January 25, 2017 Contract with,KPG for Highway Safety COUNCIL MEETING Date: February 1, 2017 Improvements Project Phase II Department: Engineering Presenter: Tom Knuckey Phone: 360-473-2376 SUMMARY: In November 2015, the City executed a contract with KF'G Inc., for the Highway Safety Improvement Project for $138,993.47. Two supplemental agreements have been executed; Supplement 1 was essentially a no cost change to amend the design approach at several of the intersections. Supplement 2 added sidewalk construction on State St, Gregory Way and Chester St, along with a new HAWK signal at Burwell & Chester to be funded using Commerce Grant Funds from the Burwell Tunnel project; this supplement increased the contract value to $213,460.14. The proposed Supplement 3 increases the contract value by $5,955.03 to a new total of $219,415.17; the work includes incorporating the 2nd Street ADA retrofit, responding to City -directed contract changes, and responding to contractor questions during the bid phase. This supplement additionally extends the contract end date to December 31, 2017. ATTACHMENTS: 1) Consultant Supplemental Agreement No. 3 FISCAL IMPACTS (Include Budgeted Amount): This project is included in the Capital budget, and is funded by the Highway Safety Improvement and Department of Commerce Grants. STUDY SESSION AGENDA: o No Presentation ❑ Full Presentation STUDY SESSION ACTION: o Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve Supplemental Agreement No. 3 with KPG for the Highway Safety Improvements, Phase II Project; and authorize the Mayor to finalize and execute the agreement with substantially the same"terms and conditions 'as presented. COUNCIL ACTION: E?Approve Form Updated 01/07/15 ❑ Deny ❑ Table ❑ Continue ❑ No Action Alm � Washington State VI/ Department of -Transportation Supplemental Agreement Organization and Address Number 2 KPG,P.S. 2502 Jefferson Ave Tacoma, WA 98402 Original Agreement Number N/A Phone: 253-627-0720 Project Number Execution Date Completion Date HSIP-OOOS(433) 12/31/2016 Project Title New Maximum Amount Payable Highway Safety Improvements, Phase 2 $ 213,460.14 Description of Work This supplement includes work associated with construction of sidewalk on State Street, Gregory Way and Chester St and a new HAWK signal at the intersection of Burwell Street and Chester Street. The Local Agency of City of Bremerton desires to supplement the agreement entered in to with KPG. P.S. and executed on 11/18/2015 and identified as Agreement No. N/A 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, attached Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: December 31, 2016 III Section V, PAYMENT, shall be amended as follows: See Exhibit D, attached $138,993.47 (Original Amount) + (-$7.02) (Supplement 41) 4- $74,473.69 (Supplement #2) = $213,460.14 (New Maximum Amount Payable) as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate spaces below and return to this office for final action. gy: h PG By: k`h_-k t'� l-ef�' , r Cons Itan ignature A viffg Authoriignature Date DOT Form 140-063 Revised 0912005 Exhibit "A" Summary of Payments DOT Form 140-063 Revised 09/2005 Basic Agreement + Sup. #1 Supplement #2 Total Direct Salary Cost 53274.57 26898.59 80173.16 Overhead (including Payroll Additives) 70050.74 35368.95 105419.69 Direct Non -Salary Costs 2342.5 5481.50 7824 Fixed Fee 13318.64 6724.65 20043.29 Total 138986.45 74473.69 213460.14 DOT Form 140-063 Revised 09/2005 City of Bremerton Puget Sound Naval Safety Project KPG Scope of Work Purpose The purpose of the Puget Sound Naval Safety Project is to improve pedestrian accessibility within the vicinity of the Puget Sound Naval Shipyard. Proposed Improvements Proposed Improvements for the State St & Chester Ave Sidewalks project includes the following: ♦ Approximately 160 LF of concrete sidewalk (both sides of the roadway), HMA parking strip, curb, gutter, ADA compliant driveway/alley approaches, and pedestrian scale sidewalk lighting on State Street from the Puget Sound Naval Shipyard gate to Gregory Way. See attached cross sections prepared by the CITY. ♦ ADA compliant curb ramps at the intersection of State Street & Gregory Way ♦ Approximately 25 SY of spot repair of existing concrete sidewalk along Gregory Way from State Street to Chester Avenue. ♦ Approximately 245 LF of 6 ft. wide compliant driveway/alley approaches Gregory Way to Burwell Street. concrete sidewalk, curb, gutter, and ADA on the west side of Chester Street from ♦ ADA compliant curb ramps at the intersection of Gregory Way & Chester Street (west side only). ♦ New Pedestrian Hybrid Beacon (HAWK Signal) at the intersection of Chester Street & Burwell Street. Assumptions The following assumptions were identified to provide direction with design: ♦ The project will be combined with the City's Federally Funded HSIP Phase 2 and Crownhill Elementary Sidewalks projects for advertisement using a "tied bid". The tied bid set will utilize one set of contract plans and specifications. Separate bid schedules will be prepared for each project. ♦ AutoCAD drafting and base mapping shall utilize City of Bremerton and American Public Works Association (APWA) drafting standards. ♦ Conceptual typical sections (including pavement sections) and horizontal layout will be provided by the CITY. A formal pavement section design will not be developed. The CONSULTANT shall utilize the conceptual horizontal layout to proceed directly to 60% design. ♦ All deliverables will be provided as electronic (PDF, Word, Excel, and AutoCAD 2015). The CONSULTANT will provide the final Bid Documents to ARC Document Solutions for advertisement. Hard Copies of the Final Bid Documents will be ordered and paid by the CITY directly from ARC. ♦ The CITY will provide legal descriptions for determining right of way and provide to the CONSULTANT. Legal descriptions will be provided prior to the CONSULTANT completing field survey. City of Bremerton Page 1 of 10 KPG Puget Sound Naval Safety Project 1/29/2016 ♦ Right of way and/or easement acquisition will not be required. Temporary Construction Permits, if required, will be drafted by the CONSULTANT and executed by the CITY. ♦ A formal public involvement process/program is not included in the scope of work. Public involvement and coordination with business owners/residents will be handled by the CITY. ♦ Traffic signal modifications at the intersection of State Street & Burwell Street does not include relocation of existing traffic signal controller cabinets or mast -arm traffic signal poles. ♦ Traffic Analysis and/or traffic counts are not included in the scope of work. See the Additional Services section of this Scope of Work. ♦ Structural engineering is not included in the scope of work. See the Additional Services section of this Scope of Work. s As -Built drawings are not included in the scope of work. See the Additional Services section of this Scope of Work. Information Provided by the City The following information will be provided by the CITY: ♦ Conceptual typical sections (including pavement sections) and horizontal layout ♦ Best available aerial photographs and CAD -compatible utility maps. e Complete front end legal documents and Division 1. ♦ Boilerplate Division 2-9 special provision language. Work Element 1 Project Management The estimated project duration is 6 months. No design work will proceed without written authorization from the CITY. 1.1 Provide project management administrative services including: ♦ Project set-up and execute agreement ♦ Execution of subconsultant agreements ♦ Preparation of monthly progress reports and invoices ♦ Record keeping and project closeout 1.2 Provide project management services including: ♦ Project staff management and coordination ♦ Subconsultant management and coordination ♦ Prepare and update project schedule ♦ Schedule and budget monitoring 1.3 Coordinate with City staff, including preparation and attendance of up to 6 coordination meetings throughout the duration of the project. Level of effort for this task is based on an average of 2 Consultant staff at each of the following meetings: ♦ Project Milestone (concept workshop, design review) meetings at the City throughout the project duration. Milestone meetings will be combined with milestone meetings for the HSIP Phase 2 and Crownhill Elementary Sidewalks projects. (Assume six (6) meetings). City of Bremerton Page 2 of 10 KPG Puget Sound Naval Safety Project 1/29/2016 Work Element 1 Deliverables: ♦ Monthly progress reports (6 months). ♦ Project schedule and updates s Meeting notes Work Element 2 Utility Marking, Survey and Base Mapping This Work Element includes survey and base mapping on State Street from the Puget Sound Naval Shipyard gate to approximately 20 feet north of Burwell Street and Chester Avenue from Gregory Way to 20 feet south of Burwell Street. No survey will be completed on Gregory Way between State Street and Chester Avenue. Exact survey limits will be marked in the field and verified by the CITY prior to mapping. 2.1 The CONSULTANT will make a one -call utility locate request and request utility companies record drawings. Utility as-builts will be used to verify the location and type of utilities within the limits of this project (i.e. adding the size and type of water main, and type, location and symbol of water valves). Utility depths will not be shown with the exception of those described herein. 2.2 Establish horizontal and vertical control points along the corridor and within the project limits. Basis of control will be Washington State Plane North Zone, NAVD 88 vertical datum. Control points will be established and will be made available for the Contractor's use during construction. The CONSULTANT will locate, field survey, and calculate positions for all monuments and control points throughout the project limits, using the Washington State plane coordinate system. Conventional or GPS surveying methods will be used on this project. Monuments or corners to be located and field surveyed include side street monuments and property corners. Field Survey and Note Reduction. Field mapping will include signs, mailboxes, fences, trees, curbs, sidewalks, utility poles, and other surface features within the mapping area. Perform note reduction of the field survey data. Field survey to locate paint marks in Work Element 2.1 at approximate 50 -ft intervals and surface features (valves, manholes, catch basins, junction boxes, vaults). Irrigation systems will not be included. The CONSULTANT will prepare a utility base map from this information. Perform observation and measure -downs of existing storm drain catch basins and manholes. Document the approximate size, type, material (brick, concrete), and general condition of the structures to confirm suitability for continued use, and approximate size, material and location of storm drainage pipes will be documented. These observations will be made from the surface. Mapping work to prepare 1 "=20' topographic base map and digital terrain model (DTM) in AutoCAD 2015 format of the curbs, sidewalks and crosswalks within the within the limits described above. Mapping will terminate approximately 20 feet beyond the ends of the returns. The base map will include features within the mapping area as described above. One -foot contours will be generated from the DTM. See assumptions for mapping of features outside the areas described above. City of Bremerton Page 3 of 10 KPG Puget Sound Naval Safety Project 1/29/2016 Work Element 2 Assumptions: ♦ No survey will be completed on Gregory Way between State Street and Chester Avenue. If required, basemapping along Gregory Way will be prepared by using aerial images. ♦ The CITY will obtain right -of -entry permits necessary for survey. ♦ The CONSULTANT will provide traffic control for the CONSULTANT's survey crew when performing work within the roadway. ♦ Property corners will not be located as part of this scope of work. ♦ Any required pipe video inspection, potholing or smoke testing needed to verify the condition or connectivity of drainage features will be performed by the CITY and the information will be made available to the CONSULTANT. Work Element 2 Deliverables: ♦ Electronic (AutoCAD 2015 and PDF) files of the topographic base map will be provided to the CITY. Work Element 3 Right of Way Calculations This Work Element includes establishing the existing ROW along State Street and Chester Avenue within the project vicinity. 3.1 Calculate existing right of way (per City provided legal descriptions) and show on project base map. Work Element 3 Assumptions: ♦ The CITY will provide legal descriptions for determining right of way and provide to the CONSULTANT. Legal descriptions will be provided prior to the CONSULTANT completing field survey. ♦ Right of way and lot lines will be defined using existing street monuments and their relationship to public records and GIS data. ♦ No additional right of way or easements are anticipated. ♦ Preparation of legal descriptions is not included in this scope of work. Work Element 3 Deliverables: ♦ Copies of the obtained legal descriptions for each parcel (15 parcels). ♦ ROW lines will be included in the basemap per Work Element 2. Work Element 4 Geotechnical Engineering This Work Element includes geotechnical investigation and recommendations necessary for signal pole foundation design. See the attached Proposal from GeoResources for additional information. 4.1 KPG's effort under this task includes review of reports and providing information such as plans, figures, and details to the Geotechnical sub consultant as required to complete the geotechnical investigation and report. City of Bremerton Page 4 of 10 KPG Puget Sound Naval Safety Project 1/29/2016 Work Element 4 Deliverables: s Draft Geotechnical Report, One (1) electronic PDF copy of the report ♦ Final Geotechnical Report, One (1) electronic PDF copy of the report Work Element 5 Environmental Documentation This Work Element includes preparation of a City of Bremerton Environmental Checklist. The CONSULTANT will compile and review environmental information from readily available public domain and CITY provided resources to gain a general understanding of environmental considerations along the project corridor. 5.1 Environmental Checklist. The CONSULTANT will prepare a City of Bremerton Environmental Checklist. The Environmental Checklist will briefly describe the project and address the project's effects on elements of the environment as outlined in the checklist. The Checklist will include a list of permit requirements for the proposed project. To prepare the Checklist, we will use project design information and other available studies prepared for the project, such as drainage report, traffic report, and cultural resources report, as necessary. Work Element 5 Assumptions: ♦ The project will receive SEPA Determination of Non -Significance (DNS). ♦ CITY staff will prepare and publish the DNS. ♦ Public meetings or public hearings will not require CONSULTANT attendance. ♦ The CITY will complete Historical and Cultural Artifacts documentation meeting the requirements of Governor's Executive Order 05-05 and all associated documentation. ♦ NEPA documentation, Environmental Impact Statement and/or an Environmental Assessment will not be required. ♦ Right of Way acquisition and/or permanent easements will not be required. ♦ Air Quality and/or Hot Spot analysis will not be required. Work Element 5 Deliverables: ♦ An electronic copy (PDF and Word) of the draft Environmental Checklist. ♦ An electronic copy (PDF and Word) of the final Environmental Checklist. Work Element 6 Stormwater Documentation This Work Element includes analyzing and documenting the stormwater design of the project in accordance with the 2012 edition of the Stormwater Management Manual for Western Washington (SWMMWW), which has been adopted by the City of Bremerton. 6.1 Review the existing storm water facilities within the limits of the project and perform an off-site analysis. Prepare a map to delineate and quantify areas of new and replaced impervious surfaces, both pollution -generating and non -pollution generating. Delineate City of Bremerton Page 5 of 10 KPG Puget Sound Naval Safety Project 1/29/2016 threshold discharge areas (TDAs). Determine the applicability of each of the 10 Minimum Requirements to each TDA. 6.2 Prepare a Stormwater Site Plan (SSP) memorandum. The SSP will address the applicable Minimum Requirements of the Surface Water Management Manual. A draft SSP memorandum will be completed with the 60% design submittal and finalized with the Draft Bid submittal. Work Element 6 Assumptions: ♦ It appears that flow control requirements may not be triggered by this project. If flow control requirements are triggered, Low Impact Development techniques such as permeable pavement will be employed to satisfy the requirement. ♦ It appears that runoff treatment requirements may not be triggered by this project. Runoff treatment, if required, will be addressed with the use of proprietary BMPs such as Filterra or Modular Wetlands. ♦ Because the stormwater requirements applicable to this project are expected to be minimal, the Stormwater Site Plan requirements will be documented in an abbreviated, memorandum format. ♦ Stormwater improvements will be limited to stormwater catch ment/conveyance along the new curb line. The new stormwater main will be connected to an existing system. There is sufficient depth to invert at the existing catch basin(s) to allow connection of the new stormwater pipe without modification. There are no deficiencies downstream of the connection point that will require improvements outside of the project area. Work Element 6 Deliverables: ♦ (1) electronic copy of the Draft Stormwater Site Plan Memorandum in PDF format ♦ (1) electronic copy of the Final Stormwater Site Plan Memorandum in PDF format Work Element 7 Stakeholder & Utility Coordination This Work Element includes the anticipated work necessary to coordinate with stakeholders and franchise utilities to coordinate adjustment and/or relocation of existing franchise utilities. 7.1 The CONSULTANT will prepare draft temporary construction permits for the CITY to issue on City letterhead. The CITY will coordinate signature of the permits with the property owners. (Assume 2 permits) 7.2 The CONSULTANT will prepare a draft and final utility potholing plan during the 60% design task. The potholing plan will be provided to the franchise utilities and the CITY so they may provide potholing of their facilities. Following the receipt of potholing data, the basemap will be updated with correct horizontal/vertical location, size and material. Work Element 7 Assumptions: ♦ 60% Design plans will be utilized for franchise utility coordination. ♦ All potholing of CITY utilities will be completed by the CITY. ♦ All potholing of franchise utilities will be completed by the respective franchise utility. ♦ The CITY will provide a complete utility contact list to the CONSULTANT. City of Bremerton Page 6 of 10 KPG Puget Sound Naval Safety Project 1/29/2016 ♦ Utility undergrounding is not included in this scope of work. Work Element 7 Deliverables: ♦ Draft Temporary Construction Permits in electronic (Word) format. o Electronic PDF and/or AutoCAD drawings of preliminary design provided to franchise utilities. ♦ (1) electronic copy of the draft utility pothole plan in PDF format ♦ (1) electronic copy of the final utility pothole plan in PDF format Work Element 8 60% Design This Work Element includes preparation of 60% Design Plans, Specifications and Estimates for review and approval by the CITY. Plans shall be formatted to provide sufficient detail for convenient field layout of all proposed facilities. City standard details and WSDOT standard plans will be supplemented with project specific details as necessary. The 60% plans and specifications shall be stamped by a licensed professional Engineer in the State of Washington. 8.1 The CONSULTANT shall prepare 60% plan sheets for review and approval by the CITY. The 60% submittal will be based on the conceptual layouts provided by the CITY and will include horizontal location of improvements with the following level of detail: ♦ Construction Limits ♦ Curb and radii ♦ Sidewalks, parking lanes, and planter strips ♦ Location and types of curb ramps ♦ Location and type of driveway and alley approaches ♦ Location of traffic signal/HAWK signal equipment ♦ Location of pedestrian illumination ♦ Channelization and signing ♦ Storm drainage improvements (if applicable) ♦ Utility impacts, required relocations and pothole locations ♦ Impact to private improvements both inside and outside of public right of way In general, vertical location of improvements will not be specified on the Plans unless there are conflicts with existing utilities and/or surface improvements. Vertical information will be provided at locations where proposed improvements are confined by existing grades. The CONSULTANT will provide Senior level QA/QC prior to submitting to the CITY. 8.2 The CONSULTANT shall prepare 60% quantities and opinion of probable cost for review and approval by the CITY. 8.3 The CONSULTANT shall prepare 60% specification documents, Divisions 1-9. The CONSULTANT will include additional special provision language as needed. Legal documents and appendices will not be included in this submittal. 8.4 The CONSULTANT will prepare an Illumination Design Report and AGi32 computer- aided modeling of the illumination system. The illumination design report will include a summary of City of Bremerton lighting design standards, proposed lighting levels and all City of Bremerton Page 7 of 10 KPG Puget Sound Naval Safety Project 1/29/2016 supporting calculations and documentation 8.5 The CONSULTANT shall attend a 60% design review meeting. Work Element 8 Deliverables: ♦ Electronic (PDF) half size and full size 60% design plans o Electronic (PDF & Word) 60% design specifications ♦ Electronic (PDF & Excel) 60% design opinion of cost ♦ Illumination Design Report ♦ Meeting notes from 60% submittal design review meeting Work Element 9 Final Design This Work Element includes preparation of Draft Bid and Bid Document Plans, Specifications and Estimates for review and approval by the CITY. Plans shall be formatted to provide sufficient detail for convenient field layout of all proposed facilities. City standard details and WSDOT standard plans will be supplemented with project specific details as required. Draft Bid and Final Bid Documents will be stamped, signed and dated by a licensed professional engineer in the State of Washington. 9.1 The CONSULTANT shall prepare Draft Bid plans for review and approval by the CITY. The Draft Bid submittal will include all comments received from the 60% review. The CONSULTANT will provide Senior level QA/QC and constructability review by KPG construction management staff prior to submitting to the CITY. The plans are estimated to have the following sheets: Sheet List Title/index sheet (1 sheet) Legend, Abbreviations, General Notes and Survey Control (1 sheet) Typical Sections and Details (1 sheets) Channelization and Signing Details (1 sheet) Restoration Details (1 sheet) Site Preparation and Erosion Control Plan/Plan (2 sheets) Roadway, Restoration and Storm Alignment Plan and Profile (2 sheets) Intersection Grading and ADA Ramps Plan (2 sheets) ADA Ramp Details (2 sheets) Channelization and Signing Plan/Plan (2 sheets) Illumination Plans & Details (1 sheets) Pedestrian Hybrid Beacon Plan and Notes — Burwell & Chester (2 sheets) Pedestrian Hybrid Beacon Wiring Diagram — Burwell & Chester (1 sheet) Signal Pole Specifications and Schedule (1 sheet) Traffic and Pedestrian Control Plans (2 sheets) TOTAL = 22 sheets City of Bremerton Page 8 of 10 KPG Puget Sound Naval Safety Project 1/29/2016 Traffic and Pedestrian Control plans will utilize WSDOT TC Plans and City standard plans and be for the Contractor's reference only. The CONSULTANT will not develop site specific Traffic and Pedestrian Control plans. The Contractor will still be required to develop site specific traffic control plan for all construction activities. 9.2 The CONSULTANT shall prepare Draft Bid quantities and opinion of probable cost for review by the CITY. 9.3 The CONSULTANT shall prepare Draft Bid specification documents including CITY provided legal documents, division 1 and City GSPs. The CONSULTANT will include additional special provision language as needed. The Draft Bid submittal will include all comments received from the 60% review. 9.4 The CONSULTANT will attend a Draft Bid design review meeting. 9.5 The CONSULTANT shall prepare Final Bid Documents for advertisement by the CITY. The CONSULTANT will provide Senior level QA/QC prior to submitting to the CITY. The final bid documents will include all comments received from the Draft Bid review and will be complete set of contract drawings. 9.6 The CONSULTANT will prepare Maximum Extend Feasible, Public Interest Finding and "Tied Bid" documentation and provide to the CITY. Work Element 9 Assumptions: ♦ Specifications will be based on 2016 WSDOT Standard Specifications. ♦ Design Plans and Specifications will be packaged with the HSIP Phase 2 and Crownhill Elementary Sidewalks plan set and advertised as a "tied bid". A separate bid schedule will be prepared for each project. ♦ WSDOT concurrence review will not be required. ♦ The CONSULTANT will provide the final Bid Documents to ARC Document Solutions for advertisement. Hard Copies of the Final Bid Documents will be ordered and paid by the CITY directly from ARC. Work Element 9 Deliverables: ♦ Draft Bid Design Submittal o Electronic (PDF) half size and full size design plans o Electronic (PDF & Word) specifications o Electronic (PDF & Excel) opinion of cost o Meeting notes from Draft Bid submittal design review meeting City of Bremerton Page 9 of 10 KPG Puget Sound Naval Safety Project 1/29/2016 ♦ Bid Document Submittal o Electronic (PDF) half size and full size design plans o Electronic (PDF & Word) specifications o Electronic (PDF & Excel) opinion of cost o AutoCAD 2013 drawing files of the Final Bid Documents Plans. ♦ Maximum Extend Feasible, Public Interest Finding and "Tied Bid" documentation Work Element 10 Assistance During Bidding 10.1 Prepare addenda and respond to bidders questions relayed through the CITY. It is assumed that the CONSULTANT will prepare two (2) addenda. Additional Services The CITY may require additional services of the CONSULTANT. The scope of these services will be determined based on the unanticipated project needs or other considerations at the sole discretion of the CITY. This work may include items identified in the current task authorizations as well other items, which may include, but are not necessarily limited to the following: ♦ Structural Engineering ♦ Right of Way plans, acquisition, appraisals, or proceedings ♦ Temporary Construction Easements ♦ Arborist Investigations ♦ Construction Management & Inspection Services ♦ As -Built Drawings ♦ Hazardous Materials Testing ♦ Traffic Analysis ♦ Traffic Counting assistance with condemnation These services will be authorized under a future contract supplement if necessary. At the time these services are required, the CONSULTANT shall provide a detailed scope of work and an estimate of costs. The CONSULTANT shall not proceed with the work until the CITY has authorized the work and issued a notice to proceed. City of Bremerton Page 10 of 10 Puget Sound Naval Safety Project KPG 112912016 HOUR AND FEE ESTIMATE Project: Ctty of Bremerton Puget Sound Naval Safety Project February 12, 2016 Work Element 1 - Protect Management / Coortllnatlon / Atlmll 1 1 Atlmirnslralwn Serwces (6 Months) — 1 2 Management Services 1 3 Coordinabo_n Meetings (6 Meebnps) _ _ Reimbursable e>rpenses - see breakdown for del ' Ineer Task Totals Work Element 2 - Survey and Base Mapping 2 1 u111Ay Locales . 22 Field Survey & Basemapping 181.26 S Reimbursable emenses - see breakdown for del Teak Tetel Work Element 3 - Right of Way Calcr 3 1 Calculate ROW 6 Add Reimbursable emense Work Element 4 - Geotechnical Engll 41. Develop Support Doe I Reimbursable expense Work Element 5 - Environmental Dor 51 Environmental Checkle Reimbursable a.Vena Work Element 6 - Stormwater Docun 6 1 SlormwaterRe uiQ remE 62 Slormwater Site Plan k Reimbursable expense Work Element 7 - Stakeholder & Mill 71 Temporary Construcbo __7 2 Ulil4y Polhoting Plan Reimbursable erwense DAM Protect Sr. Proloct Project Design CAD Senlor Survey Party Survey Survoy Construction I ' Ineer Ma er En Ineer E Engineer En Engines, Technill Surve r Chief Chalnman Technician Manager Clen 181.26 S 93.72 S 141.81 S 108.42 S 74.00If 96.03 E 117.14 S 107.29 S 78.92 $ 102.34 S 1140..98 S . 56.29 42.27 .65 36.22 $ E 1 45.67 $ 41.83 $30.77 $ 39.90 E 327 S7067 s 6 I B _ 4 16 0 0 12 0 0 KPG Infordi—plinary Design 74977 3.09194 7.30504 90254 City of Bremerton Puget Sound Naval Safety Project 1 of 4 KPG Hour and Fee Estimate February 2016 HOUR AND FEE ESTIMATE Project: City of Bremerton K P G Puget Sound Naval Safety Project Imordixiplinory Design February 12, 2016 Legend Detaes (3 sheets) _ Site PrepiTF.SC (2 sheets) Roadway!Stornl (2 sheels) _ Inlers_ectron Grading (2 sheet) _ ADA Ramps (2 sheets) Chan 8 signing (2s ees _.. Illumination (1 sheet) _ HAWK Signal- Burwell 8 Chesler (3 sheets) 1'raft Control 92 Draft Bid Quanlities 8 Estimate ._ 93 Draft Bid Specdicalions 94 Final Bid Plans. Specifications 8 Estimate Wol 12 8 _ 12 8 2 12 6 8 2 16 6 8 2 c 12 — 4 - 2 2 10 2 -- 8 2 4 24 4T - 2_ 8 4 4 4. 2 4 -- .._-- 2 _ 4 10 40 62 36 D 0 I 0 2 _ .. .. _ . _ 6 ..... 6 4 — _ 2 12 6 4 2 6 6 4 2 8 4 2 4 2 2 2 8 24 2 4 4 2 4 �-2 2 2 14', 1 1,3_5078 _ 1 8 24 $ 2,470 51 _ 6 $ 48343_ Bi $ 808 56 $ 172 50 o 1 e 260 $ 24.882.18 8 0 162 $ _ 15,497 07 8 —61$ .. 621 12 8 161$ 1,53638 4 _ 24 $ 2,32908 4 $ 33544 TOTAL HOURS AND TOTAL ESTIMATED FEE 15 1 83 1 30 1 174 1 180 1 92 1 16 1 32 1 12 1 32 a 36 1 710 1 S 74,473. Cover _ Legend _ Detatls (3 sheets) _ Site Pfep/TESC (2 sheets) _ RoadwaylStorm (2 sheets) Inlersec ,on Grading (2 sheel) Direct Salar Casts $ ADA Ramps (2 sheets) _ Chan 8 signing (2 sheets) "m 42 27 $ Illumination (1 sheet) 38 22 $ _HAWK Signal - Bumell 8 Chester (2 sheets) 62 60% Design Quantities B Estimate 83 60% Deslpn Specifications _ 84 Ilium nation Design Reparl _ 85 _ 60% Design. Rewew Meeting - Legend Detaes (3 sheets) _ Site PrepiTF.SC (2 sheets) Roadway!Stornl (2 sheels) _ Inlers_ectron Grading (2 sheet) _ ADA Ramps (2 sheets) Chan 8 signing (2s ees _.. Illumination (1 sheet) _ HAWK Signal- Burwell 8 Chesler (3 sheets) 1'raft Control 92 Draft Bid Quanlities 8 Estimate ._ 93 Draft Bid Specdicalions 94 Final Bid Plans. Specifications 8 Estimate Wol 12 8 _ 12 8 2 12 6 8 2 16 6 8 2 c 12 — 4 - 2 2 10 2 -- 8 2 4 24 4T - 2_ 8 4 4 4. 2 4 -- .._-- 2 _ 4 10 40 62 36 D 0 I 0 2 _ .. .. _ . _ 6 ..... 6 4 — _ 2 12 6 4 2 6 6 4 2 8 4 2 4 2 2 2 8 24 2 4 4 2 4 �-2 2 2 14', 1 1,3_5078 _ 1 8 24 $ 2,470 51 _ 6 $ 48343_ Bi $ 808 56 $ 172 50 o 1 e 260 $ 24.882.18 8 0 162 $ _ 15,497 07 8 —61$ .. 621 12 8 161$ 1,53638 4 _ 24 $ 2,32908 4 $ 33544 TOTAL HOURS AND TOTAL ESTIMATED FEE 15 1 83 1 30 1 174 1 180 1 92 1 16 1 32 1 12 1 32 a 36 1 710 1 S 74,473. City of Bremerton Puget Sound Naval Safety Protect 2 of 4 KPG Hour and Fee Estimate February 2016 Hai re based n he followi : Direct Salar Casts $ 70 67 $ 3654 $ 55 29 $ "m 42 27 $ 28 85 $ 38 22 $ 45 67 $ 41831 $ 30 77 $ 9 90 $ 399 43 27 $ 28 37 Overhead@13149% $ 9292 $ 4605 $ 7270 $ 5558 $ 3793 8 5026 $ 6005 $ 5500 $ 4046 $ 5246 $ 5690 $ 3730 13149% Fixed Fee @30% $ 17671 $ 9 141 $ 1382 $ 10571 $ 721 $ 956 $ 1f 42 $ 10461 $ 769 $ 998 $ 1082 $ 709 2500% Total Labor Fatal S 18126 $ 93721 $ 141811 $ 108421 8 7400 1 5 98031 5 11714 $ 10729 1 5 78921 5 102341 $ 110981 5 7277 City of Bremerton Puget Sound Naval Safety Protect 2 of 4 KPG Hour and Fee Estimate February 2016 HOUR AND FEE ESTIMATE Project: City of Bremerton Puget Sound Naval Safety Project February 12, 2016 Reimbursable Breakdown IKpGG Interdisciplinary Design Work Element 1 - Project Management / Coordination / Administration Mileage lest 300 miles x 0 575 cents/mile) _ _ _. _ $ 172.50 Task 1 - Total $ 172.50 _Work Element 2 - Survey and Base Mapping _ Mileage lest 300 miles x 0.575 cents/mile) $ 172.50 Task 2 - Total $ 172.50 Work Element 3 - Right of Way Calculations _ Task 3 - Total $ Work Element 4 - Geotechnical Engineering Geo Resources $ 4,964.00 Task 4 - Total $ 4,964.00 Work Element 5 - Environmental Documentation Task 5 - Total $ Work Element 6 - Stormwater Documentation Task 6 - Total $ Work Element 7 - Stakeholder 8 Utility Coordination Task 7 - Total $ Work Element 8 - 60% Design _ Mileage lest 300 miles x 0.575 cents/mile) $ 172.50 _ Task 8 - Total $ 172.50 Work Element 9 - Final Design Task 9 - Total $ Work Element 10 - Assistance During Bidding Task 10 - Total $ TOTAL REIMBURSABLE& $ 5481.50 City of Bremerton Puget Sound Naval Safety Protect 3 of 4 KPG Hour and Fee Estimate February 2016 FEE SUMMARY 3K IF* G Interdisciplinary Design Project: City of Bremerton Puget Sound Naval Safety Project February 12, 2016 Description Estimated Fee Work Element 1 - Project Management / Coordination / Administration $5,013.13 Work Element 2 - Survey and Base Mapping $7,946.10 Work Element 3 - Right of Way Calculations $1,755.83 Work Element 4 - Geotechnical Engineering $5,585.12 Work Element 5 - Environmental Documentation $2,394.46 Work Element 6 - Stormwater Documentation $2,891.87 Work Element 7 - Stakeholder & Utility Coordination $2,393.92 Work Element 8 - 60% Design $24,882.18 Work Element 9 - Final Design $20,319.09 Work Element 10 - Assistance During Bidding $1,291.99 Total Estimated Fee $74,473.69 City of Bremerton Puget Sound Naval Safety Project 4 of 4 KPG Hour and Fee Estimate February 2016 Classification QA/QC Engineer Project Manager Senior Project Engineer Project Engineer Design Engineer CAD Technician Senior Surveyor Survey Party Chief Survey Chainman Survey Technician Construction Manager Clerical CONSULTANT FEE DETERMINATION SUMMARY OF COST KPG City of Bremerton Puget Sound Naval Safety Project Direct Salary Cost Total Hours $70.67 $36.54 $55.29 $42.27 $28.85 $38.22 $45.67 $41.83 $30.77 $39.90 $43.27 $28.37 Overhead (OH) Cost (Include Salary Additives) OH Rate x DSC 131.49% x $26,898.59 = Fixed Fee (FF) FF Rate x DSC 25.00% x $26,898.59 = 710 $26,898.59 $35,368.95 $6,724.65 DSC Total $68,992.19 Direct Reimbursables Mileage $517.50 GeoResources $4,964.00 Reimbursable Total $5,481.50 Total Agreement Amount $74,473.69 City of Bremerton 2/12/2016 Direct Salary Total Cost 15 $1,060.05 83 $3,032.82 30 $1,658.70 174 $7,354.98 180 $5,193.00 92 $3,516.24 16 $730.72 32 $1,338.56 12 $369.24 32 $1,276.80 8 $346.16 36 $1,021.32 710 $26,898.59 $35,368.95 $6,724.65 DSC Total $68,992.19 Direct Reimbursables Mileage $517.50 GeoResources $4,964.00 Reimbursable Total $5,481.50 Total Agreement Amount $74,473.69 City of Bremerton 2/12/2016 Ph.253-896-1011 Fx.253-896.2633 City of Bremerton c/o KPG 2502 Jefferson Avenue Tacoma, Washington 98402 (253) 627-0720 Attention: Mr. Aaron Knight, PE aaron@kpg.com GeoResources, LLC 5007 Pacific Hwy. E, Suite 16 Fife, Washington 98424-2649 January 26, 2016 Proposal for Geotechnical Engineering Services Puget Sound Naval Shipyard — Safety Project Signal Pole Foundations Bremerton, Washington DoclD: KPG. Bremerton. PSNSY.P INTRODUCTION AND SCOPE We are pleased to submit this proposal for geotechnical engineering services for the proposed Puget Sound Naval Shipyard — Safety Project in Bremerton, Washington. According to information provided by you, the proposed improvements will include a new single pole. Our understanding of the project is based on our January 14, 2016 meeting with you. We were not able to visit the site prior to preparing this proposal and no conceptual plans or drawings were provided. We understand that the project is part of the Puget Sound Naval Shipyard — Safety Project; you are requesting a single geotechnical borings at a corner SW Burwell Street and Chester Avenue. The purpose of our services is to evaluate the surface and subsurface conditions along the proposed improvements as a basis for evaluating the geotechnical feasibility of the project as well as providing geotechnical recommendations and design criteria. Specifically, the scope of services for this project will include the following: 1. Conducting a geologic reconnaissance of the site area; 2. Exploring the subsurface conditions along the alignment by drilling one boring at each of the proposed intersections; 3. Performing a grain size analyses on a representative sample collected from our boring; 4. Addressing the appropriate City of Bremerton public works standards; Providing recommendations and design criteria for signal pole foundation in accordance with current WSDOT or City of Bremerton requirements; 5. Providing geotechnical recommendations for site grading including site preparation, subgrade preparation, fill placement criteria, suitability of on- KPG. Bremerton. PSNSYSafetyP roject. Pr. doc January 26, 2016 Page 2 site soils for use as structural fill, and drainage and erosion control measures; 6. Providing conclusions regarding suitable types of retaining walls, and include geotechnical design criteria for the proposed wall, including both internal and global stability; 7. Review of the standard City's flexible pavement design standards SUBSURFACE EXPLORATIONS As stated, we propose to explore surface and subsurface conditions by drilling a one single boring in the SW corner of each of the above referenced intersection. The boring location will be determined in conjunction with GeoResources, KPG, and the City of Bremerton based on the proposed improvements, traffic impact and underground utility constraints. Our borings will be drilled with either a small rubber track -mounted drill rig or trailer -mounted drill rig using hollow -stem auger. The drill will be operated by a licensed drilling contractor working for GeoResources, LLC. Throughout the drilling operation, soil samples will be obtained at 21/2- or 5 -foot depth intervals by driving split -spoon samplers in accordance with the Standard Penetration Test procedure (ASTM:D-1586). A geologist or engineer from our office will continuously observe the borings, log the subsurface conditions, collect representative soil samples, and transport all samples to our laboratory for further visual examination and testing. After drilling, each borehole will be backfilled with bentonite chips, as required by the Washington State Department of Ecology. Before drilling, GeoResources, LLC will mark the proposed boring locations and request the local utility locating service to mark any underground utilities at each exploration location. Additional assistance from the City may be needed for any private utilities or services. On the day of drilling, we assume that our equipment and crew will be given ready access to the work locations and that any necessary rights -of -entry issues will have been obtained in advance by KPG or the City. Because our borings will be drilled in the existing roadway right-of-way, temporary traffic control and flagging services may be required. We expect that there will be sufficient room to perform our boring on the sidewalk but still within the right-of-way. As such, traffic control should only be limited to signage for shoulder work/sidewalk closure. We do not expect that a traffic lane closure will be necessary. Because we will be working for the City, we do not anticipate that an actual right-of-way permit will be required, however, we will have the City review the temporary traffic control plan prior to beginning our field work. GEOTECHNICAL LABORATORY TESTING We propose to conduct a series of geotechnical laboratory tests on selected soil samples obtained from our explorations in order to evaluate the engineering and index properties of the site soils. These tests typically will include moisture content determinations and grain size analyses. We propose to perform one sieve analysis on representative sample from each boring. We will store all samples for 30 days after testing has been completed and then discard them, unless prior arrangements are made for long term storage. KPG.Bremerton. PSNSYSatetyProject. P r. doc January 26, 2016 Page 3 SCHEDULE AND BUDGET We estimate that we can begin our subsurface explorations within two weeks of receiving our notice to proceed, contingent upon subcontractor availability. We anticipate that field work will require less than one full day, with subsequent laboratory testing will require an additional 5 days. A draft report will be available within two weeks of completion of our laboratory testing. Our final report will be completed within 5 days of receipt of any comments from the City or design team. The professional services listed above will be provided in accordance with our current Fee Schedule and General Conditions, copies of which are attached and parts of this proposal. Copies of these schedules are attached. Using these rates, we estimate that we can complete the aforementioned scope of work within the budget shown below. Geotechnical Enalneerina Reoort Cost Drilling Contractor (1 @ 30 feet) ......................................... $1,734 Traffic Control Signage........................................................... $157 Field engineering and transportation ................................... $1,033 Laboratory testing................................................................... $115 Geotechnical research, analysis, and report preparation .....$1,925 Total Geotechnical Costs $. Optional Items Cost Traffic Control Flagging for Lane Closure (full day)...............$1,299 If adverse conditions arise during our evaluation, we will inform you as soon as possible and will perform no work beyond the authorized scope without your written approval. POST REPORT SERVICES After completion of our final report, we will be available for consultation regarding the geotechnical and hydro -geological aspects of the project. This typically involves written correspondence, telephone conversations, and meetings with the owner and design team; supplemental analyses due to design changes; and preliminary or informal reviews of design details, plans, and specifications. If needed, these services will be performed on a time and material basis in addition to the above budget. GeoResources Flour and Fee Estimate Project: City of Bremerton Puget Sound Naval Safety Project February 12, 2016 Work Element 1 - Geotechnical Enaineerina 1.1 1.2 Labor Hour Estimate Field Geotechnical Project 10 Total 997.23 2 Geolo ist En ineer Manager Clerical Hours Total Fee $ 94.66 $ 102.02 $ 137.92 $ 56.58 1.4 Report Preparation 4 Task Description Direct Salary Cost (DSC) $ 33.461 $ 36.06 $ 48.75 $ 20.00 1 1 Work Element 1 - Geotechnical Enaineerina 1.1 1.2 Field Engineering and Transportation Laboratory testing 8 1 1 10 $ 997.23 2 2 1 - 1 4 $ 393.36 - 1.3 Geotechnical Research & Analysis _ _ ! 1 3 $ 334.60 1.4 Report Preparation 4 2 1 7 $ 720.60 1.5 Internal Report Review 2 2 1 3 5 $ 531.28 1.6 Report Production & Printing 3 $ 169.75 _ Reimbursable expenses - Drilling Fees and business mileage 0 $ $ 1,817.19 Task Total 1 17 1 8 4 3 32 $ 4,964.00 Houriv rates are based on the followin : Direct Salafy Costs $ 33.461 $ 36.061 $ 48.751 $ 20.00 WSDOT Approved Indirect Cost Rate @ 152.91% $ 51.161 $ 55.141 $ 74.541 $ 30.58 152.91/ Fixed Fee @ 30% $ 10.041 $ 10.821 $ 14.631 $ 6.00 30.00% Total Labor Rate $ 94.66 $ 102.021 $ 137.921 $ 56.58 City of Bremerton Puget Sound Naval Safety Project 1 of 1 GeoResources Hour and Fee Estimate February 2016 AM Washington State Department of Transportation Lynn Peterson Secretary of Transportation November 16, 2015 GeoResources, L.L.C. 5007 Pacific Hwy. E, Suite 16 Fife, WA 98424 Transportation Building 310 Maple Park Avenue S.E. P.O. Box 47300 Olympia, WA 98504-7300 360-705-7000 TTY. 1-800-833-6388 www.wsdot.wa.gov Subject: Acceptance FYE 2014 ICR — Risk Assessment Review Dear Mr. Keith Schembs: Based on Washington State Department of Transportation's (WSDOT) Risk Assessment review of your Indirect Cost Rate (ICR), we have accepted your proposed FYE 2014 ICR of 152.91 %. This ICR acceptance is in accordance with 23 CFR 172.7 and must be updated on an annual basis. This rate may be subject to additional review if considered necessary by WSDOT and will be applicable for: ❑ WSDOT Agreements ® Local Agency Contracts in Washington State only Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with the firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7104 or via email consultantrates(cDwsdot.wa.gov. Regards; K. JONSO Manager, Consultant Services Office EKJ:rck Acceptance ICR Risk Assessment Review XYZ Corp. Overhead Schedule Fiscal Year Ended December 31, 2006 GeoResources, LLC Indirect Cost hate Schedule For the Year Ended December 31, 2014 Description Financial Statement Amount Georesomees Adj. WSDOT Adl- Ret Accepted Amount % Direct Labor 389,666 PR a S389.69T Direct Labor $389,666 3389.66F 100.00% Indirect Coate: Fringe Benefits Vacation Pay $7,098 PRa $7,098 1.820/6 Sick Pay $2,971 PRa $2,971 0.769/6 Holiday Pay $4,968 PRa $4,968 1.27% Payroll Term 540,546 a $40,546 10.41% Health Imwancc 534,396 2 34,396 883% Profit Sharing (401-k) S98,753 1 98,753 2334% Training $2,109 a 2,109 0.54% Total Fringe BCMR13 $190,841 so so SI90,N41 48.98% General Overhead ' PRe,A1. Indirect labor $217,790 (54,054) A10 $213,736 5485% Bid&Proposal Labor SL0,422 PRa 10,422 2.67% Advertising Labor $999 (999) PRa 0 0.00% Rent 26,426 a 26,426 6.78% Travel 41,444 (3,070) a, Adj A 38,374 9.85% A4j A. Tavel - MesLs 0 3,070 0 Ad 11 3,070 079% Insurance 36,955 Is 36,955 9.48% Telephone 10,610 a 10,610 272% Wilds; 1,988 a 11988 0.51% Taxes & Licenses 17,288 (295) 9, Adj6 16,993 4.36% Dcandation & Amortization 31,007 (30.954) a. A7. A9 53 0.01% Diss & Subscriptions 0 3,092 A6j B 3,092 079% Botettehneat 3.569 (3,569) a. A2 0 000% ProfecaiorW Faro 7,879 (1,395) c. A3 6,484 1.66% interest 504 (504) e, Adj5 (0) 000% Computer 0 11,077 Adj C 11,077 2.84% r. At114, Supplies & Miscellaneous 43,497 (14,169) (3,618) Adis 25,710 660% Total General Overhead 5450379 SO ($45x88) $404,991 103.93% Total Indirect Costs & Overhead $641,220 SO ($45,388) $595,832 152.91% Indirect Cost Role (Less; FCC) 164.56% 16456% ISL91% Facilider CustofCapital $0 0.00% $641,220 $0 ($45,388) $595,832 Total Flnanelal Statement Expense $1,030.886 d Indirect Cost Rate (Includes FCC) 152.91% Gearsteoetces, LLC- In Proem "lndired Cost Rare will subject to WSDOT Aad6" References Genresanrlrs, LLC Adjustments: Tax return, mail basis, prepared by Ammar Vtcketmon, PLLC Certified Public Accountants. CPA pmvidm adjustments upon tax ream mmpletmn at which time the adjustments aro posted intoQuickbooks. presented financial statements rennet post Gearasdurces, LLC Indirect Corr Rare -Not Andhed Wnasm—A* MWbdlneayb WBDOTMm Fo b Bum lMunsa, amt dlrardy to WBDOT Bm..W Fermat Bum plaruAmal Fru, sax dlneayto WMOOT Mansard Formal d Bun Toal EasM. Bon a,ppau a RIs., IMp dl," m WBOOT Banded Fames 4A IN= Nub Adis Raelaaa Gus B Sulun,tlbra AdjC =campus, I Mum 401K Pmu'my aeon dndV m WWOT am„Iard Fmrat 2 Bun 11mia6 amuses, am, dram6 to WMOOT Stamford Fammt Pn THumSamPrma R", n hasp pry0dsm nuama N a still o to WBDOT 51ndanl mu FrrSpuLimitp llbmr W®DT Aq: Al Rawl elecutiveoampoxtioanpe NCa7, 48 CF11.31.205-60) A2 Bntetaluenl omR 53569, uludlawablo w 31.205-14 A3 Bad dAA collection ensu6$1395• usNlowablepa 31205-3 laccooua receivable written oBb not on(himnpl atatenlcia since cast basis) A4 Cub contributions, 51250, wNbwabto pm 31205-8 AS Waal,$504, unallowable per 31-205.20 A6 Poaoml Property taxa, 5295, umollowablo per 21.205-41(6)(5) A7 Goodwill, $11,119, unallowabla per 31.205-49 AS IRS Sammi, 491(a). 2367 95, tuallowabtepr 31205-27 and -17 0511-ppotablo do mnettadot uuall—ble per 31.201.2(,0 fsr total 2367 93 A9 IRS Sw 179, $19835, undlowablo lar 31205-11. Can DlscloaaeQuestiounlm specifically state 179 is not alloswtbic AID Labor arietaimnelt(latch).$2640, unallowable per 31205-14 All 20 J 4 Tar Return disallows $1535 T&B but 31.205-46 does not specifically mention if the IIS disallon then the $dollar is FAR disallowed A111111111111111► Washington State vV Department of Transportation Supplemental Agreement Organization and Address Number I KPG,P.s. 2502 Jefferson Avc Tacoma, WA 98402 Original Agreement Number N/A Phone: 253-627-0720 Project Number Execution Date Completion Date HSIP-OOOS(433) 12/31/2016 Project Title New Maximum Amount Payable Highway Safety Improvements, Phase 2 $ 138,986.45 Description of Work Design for improvements at seven intersections that will benefit both pedestrians and bicyclists and improve overall safety; including pedestrian signage, markings, ADA compliant curb ramps, rectangular rapid flashing beacons, countdown pedestrian signals, APS push buttons, and roadway lighting. The Local Agency of City of Bremerton desires to supplement the agreement entered in to with KPc, P.S. and executed on 11/18/2015 and identified as Agreement No. N/A 55210 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, attached Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: December 31, 2016 III Section V, PAYMENT, shall be amended as follows: See Exhibit D, attached $138,993.47 (Original Amount) + (-$7.02) (Supplement 41) = $138,986.45 (New Maximum Amount Payable) as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate spaces below and return to this office for final action. By: Nathan Mozer. KEG Consult ature DOT Form 140-063 Revised 09/2005 proving Authority, signature �0 (/ " to Exhibit "A" Summary of Payments DOT Form 140-063 Revised 09/2005 Basic Agreement Supplement #1 Total Direct Salary Cost 53447.88 -173.31 53274.57 Overhead (Including Payroll Additives) 70278.62 -227.88 70050.74 Direct Non -Salary Costs 1905.00 437.50 2342.5 Fixed Fee . 13361.97 -43.33 13318.64 Total . 138993.47 -7.02 138986.45 DOT Form 140-063 Revised 09/2005 EXHIBIT A City of Bremerton HSIP Phase 2 KPG Scope of Work Supplement #1 Purpose The purpose of Supplement #1 to the HSIP Phase 2 project is to reallocate design effort as described below. Items with a strikethrough are removed from the contract. Items in italic are new to the contract. Proposed Improvements Proposed Improvements for Supplement #1 to the HSIP Phase 2 project include the following:. 11th St & N. Montgomery Ave Install/modify pedestrian signing and markings o Construct new ADA compliant curb ramps (north side only) • Upgrade roadway lighting Burwell/SR 304 & Chester Ave (all legs) • Install/modify pedestrian signing and markings Construct new ADA compliant curb ramps II Romtangular Rapid I enhi n R nn a. Upgrade roadway lighting • Provide site design to prepare for a HAWK signal (signal design to be completed with a separate contract) • HAWK Signal Warrant Analysis & WSDOT Permitting Sheridan Rd & Wheaton Way/Warren Ave/SR 303 (all legs) aUpgrade radw I'nh+inn • Revise signal timing to improve pedestrian level of service Assumptions All of the assumptions from the original contract still apply. Information Provided by the City No Revisions Work Element 1 Project Management No Revisions Work Element 2 Utility Marking, Survey and Base Mapping This Work Element is modified to eliminate the field survey and base mapping at the intersection of Sheridan Rd & Wheaton Way/Warren Ave/SR 303. City of Bremerton Page 1 of 3 HSIP Phase 2 Supplement #1 KPG 1/26/2016 Work Element 3 Right of Way Calculations This Work Element is modified to eliminate the Right of Way determination and mapping at the intersection of Sheridan Rd & Wheaton Way/Warren Ave/SR 303. Work Element 4 Traffic Analysis This Work Element is supplemented to include performing a traffic signal warrant analysis at the intersection of Burwell/SR 304 & Chester Ave and signal phasing modifications at the intersection of Sheridan Rd & Wheaton Way/Warren Ave/SR 303. 4.1 This task is amended to include the analysis of a HAWK signal per MUTCD guidance. The CONSULTANT will provide recommendations as part of the Traffic Analysis memorandum. 4.2 The CONSULTANT will evaluate the existing Burwell St coordination plan as it relates to the existing traffic signals at State St and Warren Ave. Controller timing recommendations will be provided for the intersection of Burwell St & Chester Ave to facilitate the operations of the HAWK signal. 4.2 Signal Phasing Modifications at Sheridan Rd & Wheaton Way/Warren Ave/SR 303. The CONSULTANT will hire a traffic counter to provide morning peak -hour (lam — 9am) and afternoon peak -hour (3pm — 6pm) vehicle turning movement, bicycle and pedestrian counts. The CONSULTANT will prepare a draft and final traffic analysis technical memorandum recommending signal phasing and timing modifications. Additional Work Element 4 Assumptions: ♦ Computer-aided traffic modelling (Synchro, VISSIM, EMME, etc.) will be required as part of the Traffic Analysis. ♦ The CITY will provide the existing Burwell Street coordination plan to the CONSULTANT. ♦ Vehicle/pedestrian volumes will only be evaluated at the intersection of Burwell St & Chester Ave per Work Element 4.1. Traffic counting and/or phasing analysis will not be completed for any other intersections not specified herein. ♦ The CITY will provide existing signal timing for the intersection of Sheridan Rd & Wheaton Way/Warren Ave/SR 303 Additional Work Element 4 Deliverables: ♦ Draft Traffic Analysis (Sheridan electronic PDF copy of the memo ♦ Final Traffic Analysis (Sheridan electronic PDF copy of the memo Work Element 5 Conceptual Design No Revisions Rd & Wheaton Way/Warren Ave/SR 303) , One (1) Rd & Wheaton Way/Warren Ave/SR 303) One (1) Work Element 6 Stormwater Documentation No Revisions City of Bremerton Page 2 of 3 HSIP Phase 2 Supplement # 1 KPG 1/26/2016 Work Element 7 60% Design This Work Element is revised as follows: ♦ Eliminate 60% Design Plans, Specifications and Estimates for the intersection of Sheridan Rd & Wheaton Way/Warren Ave/SR 303 ♦ Eliminate RRFB and ADA curb ramps at the intersection of 11th St & N. Montgomery Ave. ♦ Additional site/grading design effort at the intersection of Burwell/SR 304 & Chester Ave to prepare for a HAWK signal. This design effort does not include the design of the HAWK signal. Work Element 8 WSDOT Coordination/Channelization Plans This Work Element is supplemented to include preparation of the WSDOT Traffic Signal Permit. 8.2 The CONSULTANT will prepare a WSDOT Traffic Signal Permit, a Managed Access design justification memo and associated attachments. The traffic signal permit and design justification will be submitted to the CITY for review. Upon CITY approval, the CONSULTANT will submit the permit and design justification to WSDOT. (Assume 2 submittals to WSDOT) Additional Work Element 8 Assumptions: ♦ The Traffic Signal will be owned and maintained by the City of Bremerton and no Preliminary Signal Plan reviews will be required by WSDOT. Additional Work Element 8 Deliverables:: ♦ Traffic Signal Permit Work Element 9 Final Design This Work Element is revised to reflect the modifications as specified in Work Element 7. Work Element 10 Assistance During Bidding No Revisions City of Bremerton Page 3 of 3 HSIP Phase 2 Supplement # 1 KPG 1/26/2016 HOUR AND FEE ESTIMATE EdJbll D Protect: Chy of Bremerton HSIP Ph.- 2 KP G Supplement h ImerdbcrPlrnory lh.lOn JOnu0ry 26, 2016 CA43c I na.d I Sr. R9g11 I Pra + I 041191 I Cao I Tromp I Seek, I Gera, Fed? 1 9r611r Caebudlm 1 2 Mae9-1 S•rvncn 0 S 1 1 779% $ 1,Be 13 Cnad0-Son M.e6ng. (7 A4••ftrgs, m h dWlh C. -M -ling,) 0 1 ! 2 3 780 e6 7go 2 780 Be 14 WBDOT ADA $.e Wdh O1 1 80 e3IS 80363 HnmpsuGie P4M,�.e1-SN Yr.&-hdeaf S f 172`50 9 17750 7111 TO1h 0 0 0 0 0 0 0 0 0 0 0 c q S f - Moo 0-40.0 V/0r11 E3ora9 2 • en0 BSS• ?1 fJKy L4KA^NI%Pt3 peO'dr/IDP1 M04Orh.tA4) 0 6 1 41824 S 4'P 70 22 Field %-WIt 919."rg(Pe STadalA Wh-low arrer) .1 -10 ,6 -179 (1,8040716 14,58177 5 12.79369 23 Addbmel Fe/S S -W 68WWXp'rq 1401111,89905 S f68905 11•ates.a4r egaroas- 9w bOddlnr!Y. daW1 5 17250 9 172.10 T.•3 TOW 0 0 0 0 0 0 0 •1 -10 0 b 0 0 f 8 1,404. S 1]07158 $ 1517150 We11 Eb11an 3 • f1fM a! Calnit00ra 3.I rt_evrc�WOm W4y D0oc1w11 •4 $ (468%) S 351417 8 3.0.`•4, 32 G'Ie1e1• ROW 6 Add m Bi7•.'11C < 3 .7 $ 177557, f 5,56098 $ 4,70539 61wr1assapa - w be1s3]en lO m s 1404 001 s 46-100 1 230 00 Tsa TeW 0 0 0 0 0 0 0 .8 0 0 •3 0 0 1 E 1.IA11 E 0975.19 f BA0T.00 aE1lrMrn 0 -Mme 4U 41 Traft An"Wsrm Drill 6Foul) 1 4 5 $ 54873 S 4.803.16 f 42 Burwell A 4]04.!4 Phaang Ceurdr 2 4 B 11 $ 1,23928 1,23929 43 511wtdal BdA Wheaten We7hVarrn AW 61Q41i PkOlnq Mom • 40 0 50 S 5,33448 1 } 5,33448 Fr!{ras411.aDa0w•M:nffrprn M,t $ -50 $ 1.26900 S 1."1.50 r..$ Tonf 0 s 1 0 4 0 67 0 0 0 0 9 4 66 f 7.;00.00 f G.OLL16 3 1149:].16 Work0emanlS-Concephial 4 T in. YS111. vwx Ln9 D S f 4,209 45 S 1.7}4 45 52 10%G-apbA3osfl rFigures 0 f 1 9,42329 $ 9,42329 53 IN - 0 5 S 1!16155 1 1.881 50 wD�rA� `Dr�a.9ro �D..s -,v: Yom pee •.eP GU111d141110r 44L71 f $ $ T•1979W 0 0 0 0 0 0 0 0 0 0 0 0 0 S It IL31d24 $ 12910,24 Wm0 E7a0tl14 6-Ster611t9>fr DOa.>1R630a1 4.1 1.n P4Qrwanwlrl.=. a s- 1 1.15097 1 so 91 62 l evmwlla See PLW Manam,Lm 0 S • f 2,85932 S 2.859 32 P.ena141HCA . x40 brats. . ier dlbN $ TOO TOW 0 0 0 0 0 0 0 0 O 0 0 0 0 f f 4010.30 1 1010.30 W.0 ESmre t 7. 00% De1NP4 ?1 624&! v -k- 0 0 11 •1E •10 0 0 O 0 G 0 0 -4F,1 1.3 50,15] ; 3154:87 5 33..x42 7.2 43X D•sgn QaW3 nWes $ E=. ,- 0 s 'f +.64151 i 1.61431 '7.3 morivlspbA..- - 0;f f 178774 5 1,Ta7.T4 7A F,.S ces4g Demons -. 0 t $ 1,31943 6 1,31913 R1v>ro-vole0 -44eb 4MOi• 4 s 6 T•.a Trnal 0 1 0 .16 -22 •10 0 0 0 0 0 0 0 4• f 4150,15' S /259104 1 31.34159 Wert Elm a- Coe O1 odereumC w 61 QW14rkel-A"16 you - care) $ 3,514,12 6 3574.12 8: 7rs!rcligrat P.nwtA kJ.racS6 Sp.e4q.tus:tiorcn _ t3 t :2 _ 321 2.89130 9 S _ 2A0140 Gy d are nerton HSIP Ptn M• 2 Hut and Fie E91'mele 1.14 KPG 8uppleewrd et Jw-q 2016 HOUR AND FEE ESTIMATE E#rdt D Project: City of Bremerton HSIP Phaw 2 IK 1p G Supplement /1 Inlo.dl-loltnon D- 1 -January 26, 2016 92 .,.z u0ntl6ae6Ea6riola O 1 I.a0or IIOV EWPYb 1,50662 93 N. Wso -fk d— 0 S ONOC Pr.1— A. prolad Pmw play "o Tramp. 9War ara4ypraT Sony auw! -d' Co yncTPn supPlY�n a1 CTI�ol610opa MEF, PIF 6 TWd Bb Docunw6.tiPn Oar nar Taelrtlrr fee® CBIM C. TaetrdlLm Y Cblftd Nomas 7pW Fee Tod Pee Tory ie S 17a9tm C xeQi 1 114 1vn laS.01 101 1 11 go 7Z77_ -_— Tint faeeo Wel $� t f 2RlS L A2�2. ! S 3 S l�pn S 90 3 E 92 .,.z u0ntl6ae6Ea6riola O 1 5 1.50662 1 1,50662 93 N. Wso -fk d— 0 S - 5 2,366 15 i 2,166 15 9 4 Fria Ba PIYo, Spoe6lealbra 6 E51yrl9ta 0 1 S 632 21 S 6,932 21 B 5 MEF, PIF 6 TWd Bb Docunw6.tiPn 0, S - S 2,199 25 1 2.19925 Clly d B,—n HSIP Ph— 2 IlOrl ant Fee E50nole 2.14 $rpplelrlant n 3wwory 2016 HOUR AND FEE ESTIMATE Exhibit D Project: City of Bremerton HSIP Phase 2 Supplement #1 January 26, 2016 KPG Interdisciplinary Design Reimbursable Breakdown Supplement 01 Original Contract Aggregate Total Work Element 1. Project Management t Coordination / Administration Mileage last 300 miles x 0.575 cents/mile) S $ 172.50 $ 172,50 Task t • Total $ S 172.50 S 172.50 Work Element 2 - Survey and Base Mapping Mileage (osl, 300 miles x 0S75 cem,hnile) $ _ $ 172.50 S 17250 Task 2 - Total S $ 172.40 S 172.50 Work Element 3 - Right of Way Caleulaliona Orifer. Last Recorded Deals S ;40.00) $ 300.00 S 260.00 Task 3 - Total S (40.00)IS 300.00 S 260.00 Work Element 4 - Traffic Analyats Traffic Counts Traffic Counts Ca Sheridan Rd & Wheaton Way/Warren Ave Mdea 0 est. 100 miles x 0.575 cents/mile 5 5 $ S 420,00 S 57.50 $ 1.260.00 S 1260,00 $ 420.00 $ 57.50 Task 4 - Total S 477.50 S 1,260.00 S 1,737.50 Work Element 5 -Conceptual Design Task 6 - Total S S $ Work Element 6 • Stormwater Documentation Task 6 - Total S S S Work Element 7 - 600.6 Design Task 7 - Total S S S Work Element 6 • WS007CoordinallonlChaniProjecl Anafysls Task 8 • Total S S S Work Element 9 - Final Design Task 9 - Total S S Work Element 10 - Assistance During Bidding_ . Task 10 -Total S 5 S TOTAL REIMBURSABLES: $ 43750 S 1,905.00 S 2.342.50 City of Bremerton HSIP Phase 2 Hour and Fee Estimate 3 of 4 KPG Supplement #1 January 2016 Exhibit D FEE SUMMARY ]y IPM- Interdisciplinary Design Project: City of Bremerton HSIP Phase 2 Supplement #1 January 26, 2016 Description Supplement #1-. Total Fee Original Scope Total -Fee ; Aggregate Total Fee Work Element 1 - Project Management / Coordination / Administration $0.00 $6,558.90 $6,558.90 Work Element 2 - Survey and Base Mapping -$1,804.07 $17,078.58: $15,274.50 Work Element 3 - Right of Way Calculations -$1,284.13 $9,375.13 $8,091.00 Work Element 4 - Traffic Analysis $7,600.00 $6,063.16 $13,663.16 Work Element 5 - Conceptual Design $0.00 $12,310.24 $12,310.24 Work Element 6 - Stormwater Documentation $0.00 $4,010.30 $4,010.30 Work Element 7 - 60% Design -$4,250.45 $42,594.04 $38,343.59 Work Element 8 - WSDOT Coordination/Chan/Project Analysis $2,601.49 $3,511.12 $6,312.60 Work Element 9 - Final Design -$3,069.85 $36,572.24 $33,502.39 Work Element 10 - Assistance During Bidding $0.00 $919.77 $919.77 Total Estimated Fee -$7.02 $138,993.47 $138,986.45 City of Bremerton HSIP Phase 2 Hour and Fee Estimate Supplement #1 4of4 KPG January 2016 Classification QA/QC Engineer Project Manager Senior Project Engineer Project Engineer Design Engineer CAD Technician Transp. Planner Senior Surveyor Survey Party Chief Survey Chainman Survey Technician Construction Manager Clerical E KPG CONSULTANT FEE DETERMINATION SUMMARY OF COST City of Bremerton HSIP Phase 2 Supplement #1 Direct Salary Cost $70.67 $36.06 $55.29 $42.27 $28.85 $38.22 $44.47 $45.67 $41.83 $30.77 $39.90 $43.27 $28.37 Supplement #1 Total Hours 0 21 0 -20 -22 -18 52 -9 -10 0 -9 0 4 Exhibit D Supplement #1 Direct Salary Total Cost $0.00 $757.26 $0.00 -$845.40 -$634.70 -$687.96 $2,312.44 -$411.03 -$418.30 $0.00 -$359.10 $0.00 $113.48 -$173.31 Overhead (OH) Cost (Include Salary Additives) OH Rate x DSC of 131.49% x -$173.31 -$227.88 Fixed Fee (FF) FF Rate 25.00% x -$173.31 _ -$43.33 Direct Reimbursables Mileage Last Recorded Deeds Traffic Counts Reimbursable DSC Total -$444.52 Supplement #1 $57.50 -$40.00 $420.00 Supplement #1- Agreement Amount. - - -$7.02 City of Bremerton 1/26/2016 SUBJECT: Professional Services Agreement with KPG for Highway Safety Improvements Project Phase 2 AGENDA BILL CITY OF BREMERTON CITY COUNCIL Study Session Date: COUNCIL MEETING Date: Department: Presenter: Phone: 6J�i &t C/- "�" �2 5 G November 10, 2015 November 18, 2015 PW&U Tom Knuckey (360) 473-2376 SUMMARY: The Highway Safety Improvements Phase 2 project will construct pedestrian improvements at 7 locations city-wide and includes new curb ramps, ADA signals, lighting, pavement markings, and enhanced safety features at select locations. Four consultants were interviewed to design the improvements and KPG of Tacoma, WA was selected. The requested action is approval of the Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement with KPG for design of the Highway Safety Improvements Phase 2 Project. ATTACHMENTS: Local Agency Agreement FISCAL IMPACTS (Include Budgeted Amount): The agreement identifies the design cost at $138,933.47. STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement with KPG in the amount of $138,933.47 and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: [✓] Approve Form Updated 01/07/15 ❑ Deny ❑ Table ❑ Continue ❑ No Action Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Agreement Number: Firm/Organization Legal Name (do not use dba's): KPG, P.S. Address Federal Aid Number . 2502 Jefferson Ave Tacoma, WA 98402 Preparation and Delivery of Electronic Engineering and Other Data UBI Number Federal TIN or SSN Number 601-248-468 91-1477622 Execution Date Completion Date 1 l 1 l i I iS 12/31/2016 1099 Form Required Federal Participation ❑ Yes Q No Q Yes ❑ No Project Title Highway Safety Improvements. Phase 2 Description of Work Design for improvements at seven intersections that will benefit both pedestrians and bicyclists and improve overall safety; including pedestrian signage, markings, ADA compliant curb ramps, rectangular rapid flashing beacons, countdown pedestrian signals, APS push buttons, and roadway lighting. ❑ Yes No DBE Participation Total Amount Authorized: $138,993.47 ❑ Yes Q No MBE Participation Management Reserve Fund: $0 ❑Yes No WBE Participation Yes No SBE Participation ❑ ❑� Maximum Amount Payable: $138,993.47 Index of Exhibits Exhibit A Scope of Work Exhibit B DBE Participation Exhibit C Preparation and Delivery of Electronic Engineering and Other Data Exhibit D Prime Consultant Cost Computations Exhibit E Sub -consultant Cost Computations Exhibit F Title VI Assurances Exhibit G Certification Documents Exhibit H Liability Insurance Increase Exhibit I Alleged Consultant Design Error Procedures Exhibit J Consultant Claim Procedures Agreement Number: X Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 1 of 14 Revised 41101201.5 THIS AGREEMENT, made and entered into as shown in the "Execution Date" box on page one (1) of this AGREEMENT, between the City of Bremerton hereinafter called the "AGENCY," and the "Firm / Organization Name" referenced on page one (1) of this AGREEMENT, hereinafter called 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 terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I. General Description of Work The work under this AGREEMENT shall consist of the above-described SERVICES as herein defined, and necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor, and related equipment and, if applicable, sub -consultants and subcontractors necessary to conduct and complete the SERVICES as designated elsewhere in this AGREEMENT. II. General 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 General Scope of Work was developed utilizing performance based contracting methodologies. General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress, and presentation meetings with the AGENCY and/or such 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 in 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 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. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 2 of 14 Revised Q/1012015 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 fin -ns 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 Prime CONSULTANT is a DBE 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 all DBE firms invoiced for this AGREEMENT. All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C — 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: Gus Brandon Garcia Agency: City of Bremerton Address: 345 6th Street Suite 600 City: Bremerton State: WA Zip: 98377 Email: Gus. Garciagbremerton.wa.us Phone: 360-473-5290 Facsimile: IV. Time for Beginning and Completion If to CONSULTANT: Name: Nate Mozer Agency: KPG, P.S. Address: 2502 Jefferson Ave City: Tacoma State: WA Zip: 98402 Email: nateakpg.com Phone: 253-627-0720 Facsimile: The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT 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, governmental actions, or other conditions beyond the control of the CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the established completion time. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 3 of 14 Revised 411012015 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, specified in Section II, "Scope of Work". The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov). The estimate in support of the Cost Plus Fixed Fee amount is attached hereto as Exhibits "D" and "E" and by this reference made part of this AGREEMENT. A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost, indirect cost rate, and direct non -salary costs. Direct (RAW) Labor Costs: The Direct (RAW) Labor Cost is the direct salary paid to principals, professional, technical, and clerical personnel for the time they are productively engaged in work necessary to fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the direct salary costs billed to the AGENCY. 2. Indirect Cost Rate (ICR) Costs: ICR Costs are those costs, other than direct costs, which are included as such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall be made at the ICR rates shown in attached Exhibits "D" and "E" of this AGREEMENT. Total ICR payment shall be based on Actual Costs. The AGENCY agrees to reimburse the CONSULTANT the actual ICR costs verified by audit, up to the Maximum Total Amount Payable, authorized under this AGREEMENT, when accumulated with all other Actual Costs. A summary of the CONSULTANT'S cost estimate and the ICR percentage is shown in Exhibits "D" and "E", attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT (prime and all sub -consultants) will submit to the AGENCY within six (6) months after the end of each firm's fiscal year, an ICR schedule in the format required by the AGENCY (cost category, dollar expenditures, etc.) for the purpose of adjusting the ICR rate for billings received and paid during the fiscal year represented by the ICR schedule. It shall also be used for the computation of progress payments during the following year and for retroactively adjusting the previous year's ICR cost to reflect the actual rate. The ICR schedule will be sent to Email: ConsultantRates@wsdot.wa.gov. Failure to supply this information by either the prime CONSULTANT or any of their sub -consultants shall cause the AGENCY to withhold payment of the billed ICR costs until such time as the required information is received and an overhead rate for billing purposes is approved. The AGENCY's Project Manager and/or the Federal Government may perform an audit of the CONSULTANT'S books and records at any time during regular business hours to determine the actual ICR rate, if they so desire. 3. Direct Non -Salary Costs: Direct Non -Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges and fees of sub -consultants. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with WSDOT's Accounting Manual M 13-82, Chapter 10 — Travel Rules and Procedures, and revisions thereto. Air, train, and rental car costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205-46 "Travel Costs." The billing for Direct Non -Salary Costs shall include an itemized listing of the charges directly identifiable with the PROJECT. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. All above charges must be necessary for the services provided under this AGREEMENT. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 4 of 14 Revised 411012015 4. Fixed Fee: The Fixed Fee, which represents the CONSULTANT'S profit, is shown in attached Exhibits "D" and "E" of this AGREEMENT. This fee is based on the Scope of Work defined in this AGREEMENT and the estimated person -hours required to perform the stated Scope of Work. In the event the CONSULTANT enters into a supplemental AGREEMENT for additional work, the supplemental AGREEMENT may include provisions for the added costs and an appropriate additional fee. The Fixed Fee will be prorated and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not previously paid in the progress payments will be covered in the final payment, subject to the provisions of Section IX entitled "Termination of Agreement." 5. Management Reserve Fund (MRF): The AGENCY may desire to establish MRF to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $100,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the MRF is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the MRF shall be made in accordance with Section XIII, "Changes of Work." 6. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the MRF. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIII, "Changes of Work." No minimum amount payable is guaranteed under this AGREEMENT. B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of Actual Costs plus the ICR and calculated fee on a monthly basis during the progress of the work. Such billings shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under Section III, "General Requirements" of this AGREEMENT. The billings will be supported by an itemized listing for each item including Direct (RAW) Labor, Direct Non -Salary, and allowable ICR Costs to which will be added the prorated Fixed Fee. To provide a means of verifying the billed Direct (RAW) Labor costs for CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, Direct (RAW) Labor rates, and present duties of those employees performing work on the PROJECT at the time of the interview. C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent, 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 are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit; all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty (30) 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. 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. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 5 of 14 Revised 411012015 D. 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. An interim or 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. VI. Sub -Contracting 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. The SERVICES of the sub -consultant shall not exceed its maximum amount payable identified in each sub - consultant cost estimate unless a prior written approval has been issued by the AGENCY. 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 V "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. VII. 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 this 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 Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 6 of 14 Revised 41101201.5 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 CONSULTANT. 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. VIII. 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 • RC W 49.60.180 In relation to Title V1 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. IX. 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 for actual hours charged and any appropriate fixed fee percentage at the time of termination of this AGREEMENT, plus any direct non -salary costs incurred up to the time of termination of this AGREEMENT. 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 default, 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 Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 7 of 14 Revised 411012015 date of termination, 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 reimbursed for actual costs and appropriate fixed fee percentage in accordance with the termination for other than default clauses listed previously. 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 and/or 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. The CONSULTANT shall 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 this 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. X. Changes of Work The CONSULTANT shall make such changes and revisions in the completed work of this 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 CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under section XIII "Extra Work." XI. 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 Director 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. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 8 of 14 Revised 411012015 XII. Legal Relations The CONSULTANT, 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 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; provided that nothing herein shall require a CONSULTANT to defend or indemnify the STATE and the AGENCY and their officers 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, officers, 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 AGENCY, their agents, officers, employees, sub -consultants, subcontractors and or vendors, of any tier, or any other persons for whom the STATE and or 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 methods, processes, designs, information or other items furnished or communicated to STATE and/or 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 and/or AGENCY'S, their agents', officers' and employees' failure to comply with specific written instructions regarding use provided to STATE and/or 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 own 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 between the Parties. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 9 of 14 Revised 411012015 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. 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 01 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 01 10 01 or equivalent providing coverage for any "Auto" (Symbol l) 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 primary 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: Gus Brandon Garcia Agency: City of Bremerton Address: 345 6th Street, Suite 600 City: Bremerton State: WA Zip: 98337 Email: Gus. Garcia@,ci.bremerton.wa.us Phone: 360-473-5290 Facsimile: 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 amount or one million dollars ($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. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 10 of 14 Revised 411012015 The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third party, 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. XIII. 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 XI "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. XIV. Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XV. Federal Review The Federal Highway Administration shall have the right to participate in the review or examination of the SERVICES in progress. XVI. Certification 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 11G-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 the AGENCY at the address listed in section III "General Requirements" prior to its performance of any SERVICES under this AGREEMENT. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 11 of 14 Revised 4/10/2015 XVII. Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement to this AGREEMENT. XVIII. 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. XIX. 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 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 termination 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 CONSULTANT 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. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 12 of 14 Revised 411012015 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. 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. "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 all such information marked proprietary and/ 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 and/or 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 unless 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. XX. Records Maintenance During 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, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings, Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 13 of 14 Revised 411012015 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. For purposes of this AGREEMENT, "ESI" means any and all computer data or electronic recorded media of any kind, including "Native Files", that are 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 and/or documentation stored in various 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. Signature / 115- Date/ Signature Date Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office of the Attorney General. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 14 of 14 Revised 411012015 EXHIBIT A City of Bremerton HSIP Phase 2 KPG Scope of Work Purpose The purpose of the HSIP Phase 2 project is to design and construct improvements at intersections that will benefit both pedestrians and bicyclists and improve safety. Proposed Improvements Proposed Improvements for the HSIP Phase 2 project includes the following: 11th St & N. Montgomery Ave (east and west legs) Install/modify pedestrian signing and markings • Construct new ADA compliant curb ramps • Install Rectangular Rapid Flashing Beacon • Upgrade roadway lighting 6th St & Callow Avenue (all legs) • Install/modify pedestrian signing and markings • Construct new ADA compliant curb ramps • Install countdown pedestrian signals and APS push buttons • Upgrade roadway lighting Burwell/SR 304 & Callow Ave (all legs) • Install/modify pedestrian signing and markings • Construct new ADA compliant curb ramps • Install countdown pedestrian signals and APS push buttons • Upgrade roadway lighting Burwell/SR 304 & N. Montgomery Ave (all legs) • Install/modify pedestrian signing and markings • Construct new ADA compliant curb ramps • Install countdown pedestrian signals and APS push buttons • Upgrade roadway lighting Burwell/SR 304 & High Ave (all legs) • Install/modify pedestrian signing and markings • Construct new ADA compliant curb ramps • Install Rectangular Rapid Flashing Beacon • Upgrade roadway lighting Burwell/SR 304 & Chester Ave (all legs) • Install/modify pedestrian signing and markings • Construct new ADA compliant curb ramps • Install Rectangular Rapid Flashing Beacon • Upgrade roadway lighting Sheridan Rd & Wheaton Way/Warren Ave/SR 303 (all legs) • Install/modify pedestrian signing and markings Construct new ADA compliant curb ramps Install countdown pedestrian signals and APS push buttons Upgrade roadway lighting City of Bremerton Page 1 of 11 KPG HSIP Phase 2 10/20/2015 See Exhibit A, attached Exhibit A Scope of Work Project No. Agreement Number: WSDOT Form 140-089 EF Exhibit A Page 1 of 1 Revised 1013012014 Assumptions The following assumptions were identified to provide direction with design: ♦ The project currently is Federally Funded for design and construction. ♦ The project will be combined with the City's Crownhill Elementary Sidewalks project, for advertisement using a "tied bid". The tied bid set will utilize one set of contract plans and specifications. Separate bid schedules will be prepared for each project. ♦ The CITY will prepare and coordinate all environmental approvals, including NEPA documentation and all supporting information. ♦ The CITY will perform all coordination with private utilities including work associated with relocation of franchise utilities and potholing. ♦ Additional coordination with WSDOT, not described herein, will be handled by the CITY. ♦ Geotechnical investigation will not be required for this project and is not included in this scope of work. ♦ City of Bremerton Typical pavement sections will be used for pavement restoration. A formal pavement section design will not be developed. ♦ A formal public involvement process/program is not included in the scope of work. Public involvement and coordination with business owner/residents will be handled by the CITY. ♦ AutoCAD drafting and base mapping shall utilize City of Bremerton and American Public Works Association (APWA) drafting standards. ♦ All deliverables will be provided as electronic (PDF, Word, Excel, and AutoCAD 2015), except for hard copies mailed to WSDOT Local Programs Olympic Region. ♦ The CONSULTANT will obtain legal descriptions for determining right of way from publically available sources, if available. The CONSULTANT may need to order last recorded deed documentation from a Title Company. The CONSULTANT will receive CITY approval prior to ordering last recorded deeds. Ordering Title Reports is not included in this scope of work. ♦ Right of Way and/or easement acquisition will not be required. Temporary Construction Permits, if required, will be obtained by the CITY. ♦ Traffic signal modifications do not include relocation of existing traffic signal controller cabinets or mast -arm traffic signal poles. ♦ Structural engineering is not included in the scope of work. ♦ As -Built drawings are not included in the scope of work. See the Additional Services section of this Scope of Work. Information Provided by the City The following information will be provided by the CITY: ♦ Best available aerial photographs and CAD -compatible utility maps. ♦ Complete front end legal documents and Division 1. ♦ Boilerplate Division 2-9 special provision language. Work Element 1 Project Management The estimated project duration is 6 months. No design work will proceed without written authorization from the CITY. 1.1 Provide project management administrative services including: ♦ Project set-up and execute agreement ♦ Execution of subconsultant agreements ♦ Preparation of monthly progress reports and invoices ♦ Record keeping and project closeout City of Bremerton Page 2 of 11 KPG HSIP Phase 2 10/20/2015 1.2 Provide project management services including: ♦ Project staff management and coordination ♦ Subconsultant management and coordination ♦ Prepare and update project schedule ♦ Schedule and budget monitoring 1.3 Coordinate with City staff, including preparation and attendance of up to 7 coordination meetings throughout the duration of the project. Level of effort for this task is based on an average of 2 Consultant staff at each of the following meetings: ♦ One formal kickoff meeting at project start ♦ Project Milestone (concept workshop, design review) meetings at the City throughout the project duration. Milestone meetings will be combined with milestone meetings for the Crownhill Elementary Sidewalks project. (Assume six (6) meetings). 1.4 The CONSULTANT will attend a site walk with WSDOT staff to review ADA compliance of proposed improvements. This site walk will be combined with the site walk for the Crownhill Elementary Sidewalks project. Assume two (2) Consultant staff for one (1) site walk. Work Element 1 Deliverables: ♦ Monthly progress reports (6 months) ♦ Project schedule and updates ♦ Meeting minutes Work Element 2 Utility Marking, Survey and Base Mapping This Work Element includes mapping at each project site including topographic information for each impacted curb return and will extend approximately 20' beyond the end of the curb return. Exact survey limits will be marked in the field and verified by the CITY prior to mapping. 2.1 The CONSULTANT will make a one -call utility locate request and request utility companies record drawings. Utility as-builts will be used to verify the location and type of utilities within the limits of this project (i.e. adding the size and type of water main, and type, location and symbol of water valves). Utility depths will not be shown with the exception of those described herein. 2.2 Establish horizontal and vertical control points along the corridor and within the project limits. Basis of control will be Washington State Plane North Zone, NAVD 88 vertical datum. Control points will be established and will be made available for the Contractor's use during construction. The CONSULTANT will locate, field survey, and calculate positions for all monuments and control points throughout the project limits, using the Washington State plane coordinate system. Conventional or GPS surveying methods will be used on this project. Monuments or corners to be located and field surveyed include side street monuments and property corners. Field Survey and Note Reduction. Field mapping will include signs, mailboxes, fences, trees, curbs, sidewalks, utility poles, and other surface features within the mapping area. Perform note reduction of the field survey data. Field survey to locate paint marks in Work Element 2.1 at approximate 50 -ft intervals and surface features (valves, manholes, catch basins, junction boxes, vaults). Irrigation systems will not be included. The CONSULTANT will prepare a utility base map from this information. City of Bremerton Page 3 of 11 KPG HSIP Phase 2 10/20/2015 Mapping work to prepare 1"=20' topographic base map and digital terrain model (DTM) in AutoCAD 2015 format of the curbs, sidewalks and crosswalks within the within the limits described above. Mapping will terminate approximately 20 feet beyond the ends of the returns. The base map will include features within the mapping area as describe above. One -foot contours will be generated from the DTM. See assumptions for mapping of features outside the areas described above. 2.3 Additional Survey: One (1) day of additional survey, with associated base map revisions, have been added to this scope of work. In the event that improvement extents are modified as part of the Conceptual design workshop, this effort will be used to collect additional data identified as missing or to measure inverts of certain sewer or storm drainage structures. Work Element 2 Assumptions: ♦ The CITY will obtain right -of -entry permits necessary for survey. ♦ The CITY will provide traffic control for the CONSULTANT's survey crew when performing work within the roadway. ♦ Property corners will not be located as part of this scope of work. ♦ Additional channelization features outside of the mapped areas will be drawn from aerial photographs. ♦ Storm drain manhole and catch basin measure -downs will not be completed during the initial topographic base mapping. During the 60% design, additional survey may be authorized by the CITY which may include storm drain measure -down information. ♦ Any required pipe video inspection, potholing or smoke testing needed to verify the condition or connectivity of drainage features within the proposed Right of Way will be performed by the CITY and the information will be made available to the CONSULTANT. Work Element 2 Deliverables: ♦ Electronic (AutoCAD 2015 and PDF) files of the topographic base map will be provided to the CITY. Work Element 3 Right of Way Calculations This Work Element includes establishing the existing ROW lines within the project vicinity. 3.1 Research publically available records and obtain last recorded deeds for 29 parcels. Costs for ordering last recorded deeds are included as a reimbursable (assume 29 deeds). ♦ 11th St & N. Montgomery Ave — 4 parcels ♦ 6th St & Callow Avenue — 4 parcels ♦ Burwell/SR 304 & Callow Ave — 5 parcels ♦ Burwell/SR 304 & N. Montgomery Ave — 4 parcels ♦ Burwell/SR 304 & High Ave — 4 parcels ♦ Burwell/SR 304 & Chester Ave — 4 parcels ♦ Sheridan Rd & Wheaton Way/Warren Ave/SR 303 — 4 parcels 3.2 Calculate existing right of way and show on project base map. City of Bremerton Page 4 of 11 KPG HSIP Phase 2 10/20/2015 Work Element 3 Assumptions: ♦ Right of Way and lot lines will be defined using existing street monuments and their relationship to public records and GIS data. ♦ Title Reports, if necessary, will be ordered and paid for by the CITY. ♦ No additional right of way or easements are anticipated. ♦ Preparation of legal descriptions is not included in this scope of work. Work Element 3 Deliverables: ♦ ROW line determination included in deliverable for Work Element 2. Work Element 4 Traffic Analysis This Work Element includes performing a traffic analysis to determine the optimal improvements for pedestrian crossings at the three (3) unsignalized intersections specified in Work Element 4.1. 4.1 The CONSULTANT will hire a traffic counter to provide afternoon peak -hour (3pm — 6pm) bicycle and pedestrian counts and 24-hour vehicle speed/classification/volume data at the following three (3) intersections: ♦ 11th St & N. Montgomery Ave ♦ Burwell/SR 304 & Chester Ave ♦ Burwell/SR 304 & High Ave The traffic counts will be conducted on a Tuesday, Wednesday, or Thursday on a week not adjacent to a holiday. The CONSULTANT will prepare a draft and final memo -format traffic analysis outlining "best practice" recommendations as defined per NCHRP 562 and the MUTCD for pedestrian crossing treatments. The recommendations will utilize geometric and sight distance information gathered during the site visit in Work Element 5.1. The CONSULTANT will obtain collision data from WSDOT for use in the Traffic Analysis. The CONSULTANT will examine existing pedestrian origins/destinations to forecast potential additional demand for crossing treatments upon installation. Work Element 4 Assumptions: ♦ It is anticipated that Rectangular Rapid Flashing Beacon (RRFB) pedestrian crossings will be installed at the three unsignalized intersections specified herein. ♦ The Consultant shall attend a traffic analysis review meeting as per Work Element 1.3. The traffic analysis review meeting shall be combined with the conceptual design workshop per Work Element 5. ♦ No computer-aided traffic modelling (Synchro, VISSIM, EMME, etc.) will be required as part of the Traffic Analysis. ♦ City Staff available at the review meeting will have authority to agree on/select the preferred crossing treatments. ♦ Selection of the crossing treatments will be concluded at the end of the review meeting. Work Element 4 Deliverables: ♦ Draft Traffic Analysis, One (1) electronic PDF copy of the memo ♦ Final Traffic Analysis, One (1) electronic PDF copy of the memo City of Bremerton Page 5 of 11 KPG HSIP Phase 2 10/20/2015 Work Element 5 Conceptual Design This Work Element includes preparing a preliminary design layout for each project site. The preliminary layouts will be discussed during a concept workshop. 5.1 Conduct a site visit to each project site to gather data necessary to aid design. Prepare photo log of existing conditions. 5.2 Prepare 10% Concept workshop layouts. Layouts will be in roll plot or figure format and will not include plan sheets, specifications or details. One layout for each site will be drafted based on discussions during the scoping meeting site walk. Layouts will be schematic and will include curb/gutter, sidewalk, approximate curb ramp and driveway layouts, crossing treatment, signalization, channelization and utility relocations. Notations and callouts will not be included in this layout. 5.3 The CONSULTANT will complete a draft Design Decisions memorandum documenting the standards referenced in developing the design, as well as document direction given to the CONSULTANT by CITY staff. Work Element 5 Assumptions: ♦ The CONSULTANT shall attend a conceptual design workshop as per Work Element 1.3 ♦ Individual plan sheets will not be developed for the 10% concept workshop plans. ♦ 10% concept layouts will include survey and right of way basemaps. ♦ Opinion of probable cost will not be prepared with the 10% design. ♦ Individuals attending the concept workshop will have authority to determine preferred layouts and provide direction to the CONSULTANT. ♦ Improvements decided on during the concept workshop will be carried forward to 60% design. ♦ Pedestrian Access Route (PAR) at the northwest corner of the Kitsap Way/N Callow Avenue will be provided by shifting the north and south curb lines as needed to obtain the required 4 foot PAR. There is sufficient right of way on the south side of Kitsap Way to shift the curb line. Work Element 5 Deliverables: ♦ Full size hard copies of the 10% concept figures for discussion during the workshop. ♦ Draft Design Decisions memorandum ♦ Meeting minutes cataloging discussion and decisions made during the concept workshop. Work Element 6 Stormwater Documentation This Work Element includes analyzing and documenting the stormwater design for the project in accordance with the 2012 edition of the Stormwater Management Manual for Western Washington (SWMMWW), as adopted by the City of Bremerton. 6.1 Calculate areas of new and replacement impervious surface, and disturbed area resulting from the project Determine the applicability of each of the 10 Minimum Requirements of the 2012 SWMMWW. 6.2 Prepare a Stormwater Site Plan (SSP) memorandum. The SSP will address the applicable Minimum Requirements of the Surface Water Management Manual. A draft SSP memorandum will be completed with the 60% design submittal and finalized with the Draft Bid submittal. Work Element 6 Assumptions.- City ssumptions. City of Bremerton Page 6 of 11 KPG HSIP Phase 2 10/20/2015 ♦ Flow control and runoff treatment facilities will not be required. ♦ Because the stormwater requirements applicable to this project are expected to be minimal, the Stormwater Site Plan requirements will be documented in an abbreviated, memorandum format. ♦ Stormwater improvements will be limited to relocating structures as/if needed as a result of changed curb locations. There are no deficiencies within the existing stormwater system that will require improvements outside of the project area. Work Element 6 Deliverables: ♦ (1) electronic copy of the Draft Stormwater Site Plan Memorandum in PDF format ♦ (1) electronic copy of the Final Stormwater Site Plan Memorandum in PDF format Work Element 7 60% Design This Work Element includes providing 60% Design Plans, Specifications and Estimates for review and approval by the CITY. Plans shall be formatted to provide sufficient detail for convenient field layout of all proposed facilities. City of Bremerton standard details and WSDOT standard plans will be supplemented with project specific details as necessary. The 60% plans and specifications shall be stamped by a licensed professional Engineer in the State of Washington. 7.1 The CONSULTANT shall prepare 60% plan sheets for review and approval by the CITY. The 60% submittal will include all comments received from the 10% concept workshop and will include horizontal location of improvements with the following level of detail: ♦ Construction Limits ♦ Curb and radii ♦ Location and types of curb ramps ♦ Location and type of driveway approaches ♦ Location of RRFBs, pedestrian signals, push buttons & illumination ♦ Channelization and signing ♦ Storm drainage improvements (if applicable) ♦ Utility impacts, required relocations and pothole locations ♦ Impact to private improvements both inside and outside of public right of way In general, vertical location of improvements will not be specified on the Plans unless there are conflicts with existing utilities and/or surface improvements. Vertical information will be provided at locations where proposed improvements are confined by existing grades. The CONSULTANT will provide Senior level QA/QC prior to submitting to the CITY. An illumination design report will be provided with the 60% plans and include a summary of lighting design standards, proposed lighting levels and all supporting documentation. 7.2 The CONSULTANT shall prepare 60% quantities and opinion of probable cost for review and approval by the CITY. 7.3 The CONSULTANT shall prepare 60% specification documents, Divisions 1-9. The CONSULTANT will include additional special provision language as needed. Legal documents and appendices will not be included in this submittal. 7.4 The CONSULTANT will complete a final Design Decisions memorandum documenting the standards referenced in developing the design, as well as document direction given to the CONSULTANT by CITY staff. City of Bremerton Page 7 of 11 KPG HSIP Phase 2 10/20/2015 Work Element 7 Assumptions: ♦ The CONSULTANT shall attend a 60% design review meeting as per Work Element 1.3 Work Element 7 Deliverables: ♦ Electronic (PDF) half size and full size 60% design plans ♦ Electronic (PDF & Word) 60% design specifications ♦ Electronic (PDF & Excel) 60% design opinion of cost ♦ Electronic (PDF) illumination design report ♦ Final Design Decisions memorandum ♦ Meeting notes from 60% submittal design review meeting Work Element 8 WSDOT Coordination/Channelization Plans This Work Element includes coordinating approval of WSDOT required documentation for the Channelization Plan for Approval. 8.1 Prepare and submit WSDOT channelization plans for the following five (5) intersections: ♦ 6t" Street/SR 310 & North Callow Avenue ♦ Burwell St/SR304 & North Montgomery Avenue ♦ Burwell St/SR304 & High Avenue ♦ Burwell St/SR304 & Chester Avenue ♦ Warren Avenue/Wheaton Way/SR303 & Sheridan Road The plans will meet WSDOT channelization plan requirements, including required supporting documentation, deviation requests, and design vehicle turning movement analysis. It is anticipated that channelization approval will require two (2) meetings with WSDOT staff and two (2) submittals of the Channelization Plans. Work Element 8 Assumptions: ♦ A Project Analysis will not be required. ♦ Traffic Signal permits and Preliminary Signal Plans will not be required. Work Element 8 Deliverables: ♦ WSDOT Plan for Approval (Channelization plan), assume 2 submittals to WSDOT ♦ Meeting notes Work Element 9 Final Design This Work Element includes providing Draft Bid and Bid Document Plans, Specifications and Estimates for review and approval by the CITY. Plans shall be formatted to provide sufficient detail for convenient field layout of all proposed facilities. City standard details and WSDOT standard plans will be supplemented with project specific details as required. Draft Bid and Final Bid Documents will be stamped, signed and dated by a licensed professional engineer in the State of Washington. 9.1 The CONSULTANT shall prepare Draft Bid plans for review and approval by the CITY. The Draft Bid submittal will include all comments received from the 60% review. The CONSULTANT will provide Senior level QA/QC and constructability review by KPG construction management staff prior to submitting to the CITY. The plans are estimated to have the following sheets: City of Bremerton Page 8 of 11 KPG HSIP Phase 2 10/20/2015 Sheet List Title/index sheet (1 sheet) Legend, Abbreviations, General Notes and Survey Control (1 sheet) Sidewalk, Driveway and Curb Details (1 sheet) Channelization and Signing Details (1 sheet) Restoration Details (1 sheet) 11th St & N. Montgomery Ave Site Preparation and TESC Plan (1 sheet) Intersection Grading, Restoration and ADA Ramps Plan (1 sheet) ADA Ramp Details (1 sheet) Channelization, RRFB and Signing Plan (1 sheet) 6th St & Callow Avenue Site Preparation and TESC Plan (1 sheet) Intersection Grading, Restoration and ADA Ramps Plan (1 sheet) ADA Ramp Details (1 sheet) Signalization Plan (1 sheet) Burwell/SR 304 & Callow Ave Site Preparation and TESC Plan (1 sheet) Intersection Grading, Restoration and ADA Ramps Plan (1 sheet) ADA Ramp Details (1 sheet) Signalization Plan (1 sheet) Burwell/SR 304 & N. Montgomery Ave Site Preparation and TESC Plan (1 sheet) Intersection Grading, Restoration and ADA Ramps Plan (1 sheet) ADA Ramp Details (1 sheet) Signalization Plan (1 sheet) Burwell/SR 304 & High Ave Site Preparation and TESC Plan (1 sheet) Intersection Grading, Restoration and ADA Ramps Plan (1 sheet) ADA Ramp Details (1 sheet) Channelization, RRFB and Signing Plan (1 sheet) Burwell/SR 304 & Chester Ave Site Preparation and TESC Plan (1 sheet) Intersection Grading, Restoration and ADA Ramps Plan (1 sheet) ADA Ramp Details (1 sheet) Channelization, RRFB and Signing Plan (1 sheet) Sheridan Rd & Wheaton Way/Warren Ave/SR 303 Site Preparation and TESC Plan (1 sheet) Intersection Grading, Restoration and ADA Ramps Plan (1 sheet) ADA Ramp Details (1 sheet) Signalization Plan (1 sheet) Traffic and Pedestrian Control Plans (4 sheets) TOTAL = 37 sheets Traffic and Pedestrian Control plans will utilize WSDOT traffic control (TC) Plans and City standard plans and be for the Contractor's reference only. Traffic Control plans will be stamped, signed and dated by a licensed professional engineer in the State of Washington The CONSULTANT will not develop site specific Traffic and Pedestrian Control plans. The Contractor will still be required to develop site specific traffic control plan for all construction activities. City of Bremerton Page 9 of 11 KPG HSIP Phase 2 10/20/2015 9.2 The CONSULTANT shall prepare Draft Bid quantities and opinion of probable cost for review and approval by the CITY. 9.3 The CONSULTANT shall prepare a complete Draft Bid specification document including legal documents, Divisions 1-9 and appendices. The CONSULTANT will include additional special provision language as needed. The Draft Bid submittal will include all comments received from the 60% review. 9.4 The CONSULTANT shall prepare Final Bid Documents for advertisement by the CITY. The CONSULTANT will provide Senior level QA/QC prior to submitting to the CITY. The final bid documents will include all comments received from the Draft Bid review and will be complete set of contract specifications and drawings. 9.5 The CONSULTANT will prepare Maximum Extend Feasible, Public Interest Finding and "Tied Bid" documentation and provide to the CITY. Work Element 9 Assumptions: ♦ Specifications will be based on 2014 WSDOT Standard Specifications. ♦ Bid Documents will be packaged with the Crownhill Elementary Sidewalks contract documents and advertised as a "tied bid". A separate bid schedule will be prepared for each project. ♦ The CONSULTANT shall attend a Draft Bid design review meeting as per Work Element 1.3 ♦ The Draft Bid documents may be utilized for WSDOT concurrence review, if elected by the CITY. ♦ The CONSULTANT will provide the final Bid Documents to ARC Document Solutions for advertisement. Hard Copies of the Final Bid Documents will be ordered and paid by the CITY directly from ARC. Work Element 9 Deliverables: ♦ Draft Bid Design Submittal o Electronic (PDF) half size and full size design plans o Electronic (PDF & Word) specifications o Electronic (PDF & Excel) opinion of cost o Two (2) '/2 size bound of the Final Bid Documents Plans, One (1) hard copy of the Final Bid Document Specifications and One (1) hard copy of the Engineer's Estimate mailed to WSDOT for concurrence review. o Meeting notes from Draft Bid submittal design review meeting City of Bremerton Page 10 of 11 KPG HS/P Phase 2 10/20/2015 ♦ Bid Document Submittal o Electronic (PDF) half size and full size design plans o Electronic (PDF & Word) specifications o Electronic (PDF & Excel) opinion of cost o Two (2) Y2 size bound of the Final Bid Documents Plans, One (1) hard copy of the Final Bid Document Specifications and One (1) hard copy of the Engineer's Estimate mailed to WSDOT for the file. o AutoCAD 2013 drawing files of the Final Bid Documents Plans. ♦ Maximum Extend Feasible, Public Interest Finding and "Tied Bid" documentation Work Element 10 Assistance During Bidding 10.1 This Work Element includes preparing addenda and responding to bidders questions relayed through the CITY. It is assumed that the CONSULTANT will prepare up to two (2) addenda. Additional Services The CITY may require additional services of the CONSULTANT. The scope of these services will be determined based on the unanticipated project needs or other considerations at the sole discretion of the CITY. This work may include items identified in the current task authorizations as well other items, which may include, but are not necessarily limited to the following: ♦ Structural Engineering ♦ Right of Way plans, acquisition, appraisals, or assistance with condemnation proceedings ♦ Temporary Construction Easements ♦ Arborist Investigations ♦ Construction Management & Inspection Services ♦ As -Built Drawings ♦ Hazardous Materials Testing ♦ Utility Coordination ♦ Stakeholder Coordination ♦ Temporary Construction Permits ♦ Environmental approvals These services will be authorized under a future contract supplement if necessary. At the time these services are required, the CONSULTANT shall provide a detailed scope of work and an estimate of costs. The CONSULTANT shall not proceed with the work until the CITY has authorized the work and issued a notice to proceed. City of Bremerton Page 11 of 11 KPG HSIP Phase 2 10/20/2015 Not Applicable Exhibit B DBE Participation Agreement Number: WSDOT Form 140-089 EF Exhibit B Page 1 of 1 Revised 1013012014 Exhibit C Preparation and Delivery of Electronic Engineering and Other Data In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is to use in preparing electronic files for transmission to the agency. The format and standards to be provided may include, but are not limited to, the following: 1. Surveying, Roadway Design & Plans Preparation Section A. Survey Data AutoCAD 2015 files of the topographic base map B. Roadway Design Files AutoCAD 2015 C. Computer Aided Drafting Files AutoCAD 2015 Agreement Number: WSDOT Form 140-089 EF Exhibit C Page 1 of 4 Revised 1013012014 D. Specify the Agency's Right to Review Product with the Consultant All project related files are subject to review by the City of Bremerton E. Specify the Electronic Deliverables to Be Provided to the Agency Completed contract documents, roadway design (AutoCAD) files F. Specify What Agency Furnished Services and Information Is to Be Provided Boilerplate for division 2 - 9 special provision language, best available aerial photographs and CAD -compatible utility maps, completed front end legal documents and Division 1. Agreement Number: WSDOT Form 140-089 EF Exhibit C Page 2 of 4 Revised 1012012014 II. Any Other Electronic Files to Be Provided A copy of all electronic files may be provided to the City on DVD, upon request. III. Methods to Electronically Exchange Data E-mail, CD, or FTP as approved by the City. WSDOT Form 140-089 EF Exhibit C Page 3 of 4 Revised 1013012014 A. Agency Software Suite N/A B. Electronic Messaging System N/A C. File Transfers Format PDF, MS Word, Excel, and AutoCAD 2015 WSDOT Form 140-089 EF Exhibit C Page 4 of 4 Revised 1013012014 See Exhibit D. attached Exhibit D Prime Consultant Cost Computations Agreement Number: WSDOT Form 140-089 EF Exhibit D Page 1 of 1 Revised 1013012014 AM Washington State Exhibit D Department of Transportation Lynn Peterson Secretary of Transportation August 6, 2015 KPG, Inc. 753 - 91h Avenue N Seattle, WA 98109-4309 Transportation Building 310 Maple Park Avenue S.E. P.O. Box 47300 Olympia, WA 98504-7300 360-705-7000 TTY. 1-800-833-6388 www.wsdot.wa.gov Subject: Acceptance FYE 2014 ICR — Risk Assessment Review Dear Mr. Jason Fritzler: Based on Washington State Department of Transportation's (WSDOT) Risk Assessment review of your Indirect Cost Rate (ICR), we have accepted your proposed FYE 2014 ICR of 131.49%. This ICR acceptance is in accordance with 23 CFR 172.7 and must be updated on an annual basis. This rate may be subject to additional review if considered necessary by WSDOT and will be applicable for: ❑ WSDOT Agreements ® Local Agency Contracts in Washington State only Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with the firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7104 or via email c6nsultantratesna,wsdot.wa.gov. r� _E K. JONSON 2anager, Consultant EKJ:kal vi* Office Acceptance ICR Risk Assessment Review AM 0sesWashington State f Department of Transportation Memorandum May 13, 2014 TO: Stacie Kelsey, Local Programs FROM: Martha Roach, Agreement Compliance Audit Manager SUBJECT: KPG, Inc. Indirect Cost Rate for fiscal year end December 31, 2013. We have completed our desk review of KPG, Inc. Indirect Cost Rate for the above referenced fiscal year. The review was completed at the request of WSDOT Northwest Region Local Programs. We reviewed the documentation supporting the rate for compliance with criteria contained in the Federal Acquisition Regulations (FAR), Subpart 31. Our review included a site visit to the firm. Based on our review we are issuing this memo.establishing KPG, Inc. Indirect Cost Rate for fiscal year ending December 31, 2013, at 131.49% of direct labor (rate includes 0.14% Facilities Cost of Capital). KPG, Inc: provided a FHWA Certificate of Final Indirect Costs indicating all costs included in the indirect cost rate schedule are in compliance with Federal Acquisition Regulations (FAR), Subpart 31 . Costs billed to agreements will still be subject to audit of actual costs, based on the terns and conditions of the respective agreement. This was not a cognizant review. Any other entity contracting with the firm is responsible for determining the acceptability of the Indirect Cost Rate. If you have any questions, feel free to call me at (360) 705-7006 or via email at roaclima(@—Wsdot.wa.gov. Cc: Steve McKerney File DOT Fenn 700-008 EF Revised W99 Certification of Final Indirect Costs Firm Name: KPO, Inc. Indirect Cost Rate Proposal: 131.49 '/o Date of Proposal Preparation (mm/dd/yyyy): 03111/2014 Fiscal Period Covered (mm/ddlyyyy to mm/dd/yyyy): 01101/131012131/2013 1, the undersigned, certify that I have reviewed the proposal to establish final indirect cost rates for the fiscal perfod as specified above and to the best of my knowledge and belle f.• f.) All costs Included in this proposal to establish final Indirect cost rates are allowable In accordance with the cost principles of the Federal Acquisition Regulations (FAR) of Iltle 48, Code of Federal -Regulations (CFR), pari 31. 2.) This proposal does not include any costs which are expressly unallowable under the cost principles of the FAR of 48 CFR 3 f. All known material transactions or events that have occurred affecting the firm's ownership, organization and Indirect cost rates have been disclosed. Signature:._ Name of Certifying Official* (Print): Nelson Davis Title: President Date of Certification (mmlddlyyyy): 05/1212014 'The "Certifying Official' must be an individual executive or financial officer of the firm at a level no lower than a Vice President or Chief Financial Officer, or equivalent, who has the authority to represent the financial Information utilized to establish the indirect cost rale for use under Agency contracts. Ref. FHWA Directive 4470.1A available on line at: htlp:llwww.f hwa:dol.aov/Ieasreasldirectivesiorders/44701 a,htm O/H Certification; Nov 2010 KPG Exhibit D CONSULTANT FEE DETERMINATION SUMMARY OF COST City of Bremerton HSIP Phase 2 Direct Reimbursables Mileage $345.00 Last Recorded Deeds $300.00 Traffic Counts $1,260.00 Reimbursable Total $1,905.00 Total Agreement Amount $138,993.47 City of Bremerton 10/20/2015 Direct Salary Direct Salary Classification Cost Total Hours Total Cost QA/QC Engineer $70.67 19 $1,342.73 Project Manager $36.06 148 $5,336.88 Senior Project Engineer $55.29 27 $1,492.83 Project Engineer $42.27 336 $14,202.72 Design Engineer $28.85 466 $13,444.10 CAD Technician $38.22 124 $4,739.28 Transp. Planner $44.47 24 $1,067.28 Senior Surveyor $45.67 70 $3,196.90 Survey Party Chief $41.83 78 $3,262.74 Survey Chainman $30.77 8 $246.16 Survey Technician $39.90 84 $3,351.60 Construction Manager $43.27 8 $346.16 Clerical $28.37 50 $1,418.50 DSC Subtotal 1,442 $53,447.88 Overhead (OH) Cost (Include Salary Additives) OH Rate x DSC of 131.49% x $53,447.88 = $70,278.62 Fixed Fee (FF) FF Rate 25.00% x $53,447.88 = $13,361.97 DSC Total $137,088.47 Direct Reimbursables Mileage $345.00 Last Recorded Deeds $300.00 Traffic Counts $1,260.00 Reimbursable Total $1,905.00 Total Agreement Amount $138,993.47 City of Bremerton 10/20/2015 HOUR AND FEE ESTIMATE Exhibit D Project: City of Bremerton K P G HSIP Phase 2 October 20, 2015 Interdisciplinary Design Work Elemem 2 - Stave and Base Mapping 51 Slte Visit, Photo Log _ -.._ ._— _ ._ 52 10% Conceplual Design Figures _ 5.3 _ _ Draft Design Decisions Memo _ Reimbursable expenses - see breakdown for details ._ 2 _I_ Labor Hots Estimate 6 32 32 12 6 _ _I _ 21 Ulilrtylocates(KPG coordination with one -call)_ _ — 2 $ I t2 24�S 9.42329 _1,681 50 _ Task Tofal 2 30 41926 22 Field Survey 8 Basemapplrig (7 sites) _ _ — _ t I _ I 12,310.24 _ 8 0A10C Project Sr Prolact Project Doslgn CAD Iran-- Som-, Survey Potty Survey survey Construction _ 8 _ 4_ _I_ .— —20 S 1,89905 E ineer Manager Engineer Engineer Engineer Technician Plonrer Survo or Chief Chamman Technician Manager Clerical Hours Total Fee 0 1 0 ! 10 I S 18126 $ 92.49 S 141.81 $ 10842 $ 74.00 S 98.03 $ 114.06 $ 117.14 $ 107.29 $ 78.92 $ 10234 $ 110.98 $ 72.77 Task Description Direct Sola Cost (DSC) $ 70 67 $ 36.06 $ 55 ALL 42.27 S 28 85 S 38.22 S 44.47 S 45 67 $ 41.83 $ 30.77 $ 39.90 $ 43.27 $ 28.37 _1 Work Element 1 - Project Management / Coordination / Admlmstratlon 30 30' $ 3.514 17 _ 32 Calculate ROW BAdd to Basemap _ I '_ 30 1 1 — —. Administration Services (6 Months) —_ _ _ — 20 8 _ Reimbursable a enses - see breakdown for do1a115 _ _ —, _ —! _i_ I _ _; I I 8 161 $ 1.32205 1 2 Management Servces _ _;_ I_ —; 16 1 0 1 0 - -_- —_- -i - -_- -- — _ _ - - — — - 161 S 1,47984 1 3 Coordination Meetings (7 Meetings. combined with Crownhlll meetings) -D - — ---- 16 22 _ _-- _- _ I - i-- - — —i— _— — - —i _ 281 $ 2.78086 i4 W§ b f ADA Slte Walk 4 -4 - 4.803 16 Reimbursable expenses -see breakdown for details - — -- _ 8 80363 I Reimbursable a enses -see breakdown for details i Task Total _ � I I I 1 0 1 I 0 1 0 1 0 _-_- _ . $ _ 17250 Task Totals 1 0 1 44 1 0 1 16 1 0 0 0 0 0 1 0 1 0 1 0 8 68 1$ 6,558.90 Work Elemem 2 - Stave and Base Mapping 51 Slte Visit, Photo Log _ -.._ ._— _ ._ 52 10% Conceplual Design Figures _ 5.3 _ _ Draft Design Decisions Memo _ Reimbursable expenses - see breakdown for details ._ 2 _I_ 6 _ 16 8 a _,_ 6 32 32 12 6 _ _I _ 21 Ulilrtylocates(KPG coordination with one -call)_ _ — 2 $ I t2 24�S 9.42329 _1,681 50 _ Task Tofal 2 30 41926 22 Field Survey 8 Basemapplrig (7 sites) _ _ — _ t I _ I 12,310.24 _ 8 70 _ _60 _ 138 S_ 14,587 77 2 Additional rveY3 Addnal Fleltl Su8 Basea In t — ._. . —. _mPPg (. day) _. _ _ ' .— _.—. ..._ ..— ..._ ! I I — ... — _ ..8 _ 8 _ 4_ _I_ .— —20 S 1,89905 Reimbursable expenses - see breakdown for details - � —I _ _ —I S 17250 Task Total 1 0 1 2 1 0 1 0 1 0 1 0 1 0 ! 10 I 78 1 8 1 64 0 1 0 162 1 S 17,078.58 Work Element 3 - Rj Mol WayCalculations 3 1 Research Existing Rlght.ol Way Documents _1 30 30' $ 3.514 17 _ 32 Calculate ROW BAdd to Basemap _ I '_ 30 20 _ Reimbursable a enses - see breakdown for do1a115 _ _ —, _ —! _i_ I _ _; I I _ __I __50,$ 1 $ _556096 300 00 Task Total 1 0 1 0 1 0 0 1 0 1 0 0 60 0 1 0 1 20 0 0 1 80 1$ 9,37513 Work Element 4 - Traffic Analysis 4 1 Traffic Analysis Memo (Draft 8 Final) _ ! _ 8 t 16 24 49' S 4.803 16 Reimbursable expenses -see breakdown for details _ _ I _ _ S 1,26000 Task Total 0 8 1 0 ! 16 1 0 1 24 1 0 1 0 0 1 0 1 0 1 0 1 49 1$ 6,06316 Work Element 5 - Conceptual Design 51 Slte Visit, Photo Log _ -.._ ._— _ ._ 52 10% Conceplual Design Figures _ 5.3 _ _ Draft Design Decisions Memo _ Reimbursable expenses - see breakdown for details ._ 2 _I_ 6 _ 16 8 a _,_ 6 32 32 12 6 _ _I _ _ _ I_ _ _I _ _; ' _ _ _ _ _ _ _ _ 4 I $ I t2 1,20545 _ _ 981 $__ 181 $ $ 9.42329 _1,681 50 _ Task Tofal 2 30 4 44 32 12 1 0 1 0 1 0 0 0 0 1 4 128 1$ 12,310.24 Work Element 6 - Stormwater Documentation 61 Slormwaler Requirements Analysis 1 2 1 8 I 1 _ 10 S 1,15097 62 Slormwaler Site Plan Memorandum _I _ 1 1 6 _ 16 _ _ _ _ 1 _ _ _ _ _ 241 $ 2,85932 Reimbursable expenses - see breakdown for details $ Torek T—I 1 1 , 1 A 14 1 n I n I n I n I n I n I I e � nen nn City of Bremerton HSIP Phase 2 1 of 4 KPG Hour and Fee Estimate October 2015 HOUR AND FEE ESTIMATE Exhibit D K P G Project' City of Bremerton HSIP Phase 2 October 20, 2015 Interdisciplinary Design .. P .-' Sr Protxt Protect Dasrgn CAD Trensp. -.-rSurvey Pony Surviy Surv9y Constructlon Erinlnbm Manoaer Eric—Enalneer Engineer Tmhrncian Plan.r Survivor Chiof Chamman Toehriclan I M.— r i ou io ties n runs a a 7 l28 _ 220 60 0 0 0 0 0 0 1 0 421 I$ 37.842 87 72 _ 60% Desgn Ouant.tiesB Estimate I 2 i _ .�_ei .� 8 —;- --- - -- — � _- - —� �- �--- - 1�B�g �1,64a 3t 73 60%Design Specilicati0n5 _.. _.. _ - 1_. 8 —_ 1 ... 4 -- � -- -;-- -_._. ...- -- i -� _ 4 _ _ IBIg 7,78774 _ 74 _ Final Design Decisions Memo_ - 8 _ 14 _ _'_ _ _ _ _ _ '_ _ I _ _ _;_ 2_ __ 14 S _1,31913. Reimbursable a enses -see breakdown for details - I is Task Total 5 1 22 1 6 144 228 60 1 0 0 0 0 0 0 6 471 I S 42.594.04 Work Element 8 - WSDOT CoardinatloNChaNPrO Analysis 8 1 Channelization Plans (5 plans . cover) t 4 40 _ I 45'_$ 3,511 12 expenses penses -see breakdown for tletails I I - I $ Task Total 1 1 4 1 0 l 0 1 40 1 0 I 0 I n I 0 I 0 n I n I n I 45 I S It 511 19 91 Uran by PlansI_ _ 4 7 7 82 112 _' 32 - _ 0 _ 0 ___ _ 0 _ 0 _ 0 _ ! _ 8 _ 0 252 S 23,568 02 92 Draft Bid OuantiuesB Estimate 2 a _ 72 _ _ 78:S 1,50662_ 93 Draft Bid Specifications i 2 6_ 7 - 4 _ j - -- -- ------,— - 12 2515 __2,366_15 94 Final Bid Plans, Specifications B Estimate - _ 4 ! 8 8 16 _20 _ _ _ _ _ 20_ _ 76!$ 6.93221 _ 95 _ MEF, PIF 8 Tied Bid Documentati_ on ;- 8 6 8 I - 24 $ 2,799 25 11J1 binder UUeSllerls'Aaaentla (Assume 2 Addenda) 6 2 2 101S 91977 Reimbursable expenses -see breakdown for details i I S Task Total 1 0 1 6 1 0 1 2 1 2 1 0 1 0 1 0 1 0 1 0 1 0 1 0 i 0 101 S 919.77 TOTAL HOURS AND TOTAL ESTIMATED FEE 19 146 27 336 466 124 24 1 70 78 6 84 1 6 1 50 1442 $ 138,993.47 City of Bremerton HSIP Phase 2 2014 KPG Hour and Fee sumate October 2015 HOUR AND FEE ESTIMATE Exhibit D K P G Project: City of Bremerton HSIP Phase 2 Interdisciplinary Design October 20, 2015 Reimbursable Breakdown Work Element 1 - Project Management / Coordination / Administration — . .-- — -- —.. Mileage (est 300 miles x 0 575 cents/mile) — —_ $ 17250 Task 1 - Total $ 172.50 Work Element 2 - Survey and Base Mapping—_- -_ — Mileage (est 300 miles x 0 575 cents/mile) — — $ _ 172 50 Task 2 - Total $ 172.50 Work Element 3 - Right of Way Calculations _ Order Last Recorded Deeds. _ 30000 Task 3 - Total $ 300.00 Work Element 4 - Traffic Analysis Traffic Counts $ 1,26000 Task 4 - Total $ 1,260.00 Work Element 5 - Conceptual Design Task 5 - Total $ Work Element 6 - Stormwater Documentation Task 6 - Total $ Work Element 7 - 60 % Design _ Task 7 - Total $ Work Element 8- WSDOT Coordination/Chan/Project Analysis -- Task 8 - Total $ Work Element 9 - Final Design Task 9 - Total $ Work Element 10 - Assistance During Bidding — — Task 10 - Total $ City of Bremerton HSIP Phase 2 3 of 4 KPG Hour and Fee Estimate October 2015 Exhibit D FEE SUMMARY Project: City of Bremerton HSIP Phase 2 October 20, 2015 1P, Como Interdisciplinary Design Description Estimated Fee Work Element 1 - Project Management / Coordination / Administration Work Element 2 - Survey and Base Mapping Work Element 3 - Right of Way Calculations Work Element 4 - Traffic Analysis Work Element 5 - Conceptual Design Work Element 6 - Stormwater Documentation Work Element 7 - 60% Design Work Element 8 - WSDOT Coordination/Chan/Project Analysis Work Element 9 - Final Design Work Element 10 - Assistance During Bidding Total Estimated Fee $6,558.90 $17,078.58 $9,375.13 $6,063.16 $12,310.24 $4,010.30 $42,594.04 $3,511.12 $36,572.24 $919.77 38,993.47 City of Bremerton HSIP Phase 2 4 of 4 KPG Hour and Fee Estimate October 2015 Exhibit E Sub -consultant Cost Computations There isn't any sub -consultant participation at this time. The CONSULTANT shall not sub -contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. Refer to section VI "Sub -Contracting" of this AGREEMENT. There will be no sub -consultant for this project. Agreement Number: WSDOT Form 140-089 EF Exhibit E Page 1 of 1 Revised 1013012014 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 Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub -contract, including procurement of materials or leases of equipment, each potential sub - consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT's obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by 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 direction, 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: WSDOT Form 140-089 EF Exhibit F Page 1 of 1 Revised 1013012014 Exhibit G -1(a) Exhibit G -1(b) Exhibit G-2 Exhibit G-3 Exhibit G-4 Exhibit G Certification Documents Certification of Consultant Certification of Certification Regarding Debarment, 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 Number: WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 1013012014 Exhibit G -1(a) Certification of Consultant I hereby certify that I am the and duly authorized representative of the firm of KPG, P.S. whose address is 2502 Jefferson Avenue Tacoma, WA 98402 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 City of Bremerton and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. KPG, P.S. Consultant (Firm Name) Signature (Authorized Official of Consultant) WSDOT Form 140-089 EF Exhibit G Revised 1013012014 Date Agreement Number: Page 1 of 1 Exhibit G -1(b) Certification of City of Bremerton I hereby certify that I am the: M Certified Authority ❑ Other of the City of Bremerton ,and KPG, P. S. or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: a) Employ or retain, or agree to employ to retain, any firm or person; or b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): I acknowledge that this certificate is to be furnished to the City of Bremerton and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Signature WSDOT Form 140-089 EF Exhibit G Revised 1013012014 /&/a !6 - Date Agreement Number: Page 1 of 1 Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; B. Have not within a three (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 property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and D. Have not within a three (3) year period preceding this application / proposal had one or more public transactions (Federal, State and local) terminated for cause or default. II. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. KPG, P.S. Consultant (Firm Name) Signature (Authorized Official of Consultant) Date Agreement Number: WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 1013012014 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, an 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, continuation, 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 officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00, 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 -contracts, which exceed $100,000, and that all such sub -recipients shall certify and disclose accordingly. KPG, P.S. Consultant (Firm Name) Signature (Authorized Official of Consultant) WSDOT Form 140-089 EF Exhibit G Revised 1013012014 Date Agreement Number: Page 1 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 HSIP Phase 2 * are accurate, complete, and current as of 10/30/15 ** 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 Government that are part of the proposal. Firm: KPG, P.S. 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 year. when price negotiations were concluded and price AGREEMENT was reached. ***Insert the day, month. and year, of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. Agreement Number: WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 10/3012014 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 $ No Change The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the amount of $ No Change 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 Administration (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: $ Not applicable • 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: WSDOT Form 140-089 EF Exhibit H Page 1 of 1 Revised 1013012014 Exhibit I Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1 Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design 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 Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs, records of labor, materials and equipment. Step 3 Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manager and any personnel (including sub -consultants) deemed appropriate for the alleged design error(s) issue. Step 4 Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultant's alleged design error(s), there are three possible scenarios: It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place. The agency is to provide 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: WSDOT Form 140-089 EF Exhibit 1 Page 1 of 2 Revised 10/30/2014 Step 5 Forward Documents 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: WSDOT Form 140-089 EF Exhibit 1 Page 2 of 2 Revised 1013012014 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 l Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Sununation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1, the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT 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 payment 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: WSDOT Form 140-089 EF Exhibit J Page 1 of 2 Revised 1013012014 Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • Agency's summation of hours by classification for each firm that should be included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; • Explanation regarding those areas in which the Agency does/does not agree with the consultant's claim(s)l- • laim(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 Public 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 Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim(s) and rationale utilized for the decision. Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. Agreement Number: WSDOT Form 140-089 EF Exhibit J Page 2 of 2 Revised 1012012014 ,,a►coRo® CERTIFICATE OF LIABILITY INSURANCE DAT E(MMIDDIYYYY) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 10/30/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER CONTA p r'� NAME: MICha. H II8,.CDM anv _AX Michael J Hall & Company PHONE- Ex - 7 AIC No)__ Hall & Company E-MAIL 19660 10th Ave NE ADD REss:certifi es(2 h a I landcom pany.c INSURERS) AFFORDING COVERAGE NAIC 9 Poulsbo WA 98370 _ INsuReRA:The Travelers Indemnity Company of . ._ 682 INSURERB:The Charter Oak Fire -Insurance Comp .. 5615_ _ INSURED 282 KPG Inc 753 9th Avenue North Seattle WA 98109 INSURER C Underwriters at. Lloyd's. London/Bea INSURER D INSURER E MED EXP (Any one person) $5,000 INSURER F COVERAGES CERTIFICATE NUMBER: 75gg19gS0 REVISION NUMBER: 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. ILICY EXP LSW TYPE OF INSURANCE INSR WVD POLICY NUMBER MMI DIYLICY YYY MFF MI DIIYYYY LIMITS A GENERAL LIABILITY Bremerton WA 98377 6803947N451 6/1/2015 6/1/2016 EACH OCCURRENCE $1,000,000 , ��, 4 2� X DAMAGE TO ENTED COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $300,000 CLAIMS -MADE . X OCCUR MED EXP (Any one person) $5,000 X XCU/OCP/BFPD PERSONAL & ADV INJURY $1,000,000 Cross Liability GENERAL AGGREGATE $2,000,000 rX_ GEN'L AGGREGATE LIMIT APPLIES PER' PRODUCTS . COMP/OP AGG $2,000,000 POLICY I^ PRO LOC $ B AUTOMOBILE LIABILITY BA4011N714 6/1/2015 6/1/2016 Ea acadent) $1,000,000 IX II ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS - - � BODILY INJURY (Per accident) $ PROPERTY DAMAGE NON -OWNED � HIRED AUTOS AUTOS Per accident) $ UMBRELLA LIAB I OCCUR I EACH OCCURRENCE $ _ EXCESS LIAB CLAIMS -MADE AGGREGATE $ . $ . DED RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N 6803947N451 6/1/2015 6/1/2016 1 1VIC T RYTA IT X O R WA Stop Gap ANY PROPRIETOR/PARTNER/EXECUTIVE E L EACH ACCIDENT $1,000,000 OFFICERIMEMBER EXCLUDED NIA - - (Mandatory In NH) EL DISEASE - EA EMPLOYEE $1,000,000 Ifes, describe under DESCRIPTION OF OPERATIONS below E L. DISEASE - POLICY LIMIT 1 $1,000,000 C Professional Liab Claims Made 1147823385/015 6/1/2015 6/1/2016 $1,000,000 Per Claim $1,000,000 Aggregate i DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Project: #15125 HSIP Phase II City of Bremerton, their officers, employees, and agents are included as Additional Insured on the Commercial General Liability and Auto Liability when required by written contract or agreement regarding activities by or on behalf of the Named Insured. The Commercial General Liability insurance is primary insurance and any other insurance maintained by the Additional Insured shall be excess only and non-contributing with this insurance. A waiver of subrogation applies to the Commercial General Liability, Auto Liability, Umbrella / Excess Liability and Workers Compensation / Employers Liability in favor of the Additional Insured. rCRTICIreTG unl nGR rA1urF1 I ATInKl I ACORD 25 (2010105) I ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Bremerton ACCORDANCE WITH THE POLICY PROVISIONS. 345 6th Street, Suite 600 Bremerton WA 98377 AUTHORIZED REPRESENTATIVE , ��, 4 2� I ACORD 25 (2010105) I ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to in- clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products -completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. INSURANCE (Section III) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which cover- C. age as an additional insured specifically is added by another endorsement to this Cover- age Part. e. This insurance does not apply to the render- ing of or failure to render any "professional services". f. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF after you have entered into that "contract or agreement requiring insurance". But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily CG D3 8109 07 © 2007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc , with its permission COMMERCIAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- sonal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in- jury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2007 The Travelers Companies, Inc. CG D3 81 09 07 Includes the copyrighted material of Insurance Services Office, Inc., with its permission COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies Insurance provided under the following BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE —This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what Is and Is not covered. A. BLANKET ADDITIONAL INSURED H. AUDIO, VISUAL AND DATA ELECTRONIC B. EMPLOYEE HIRED AUTO EQUIPMENT — INCREASED LIMIT C. EMPLOYEES AS INSURED D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS E. TRAILERS — INCREASED LOAD CAPACITY F. HIRED AUTO PHYSICAL DAMAGE G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT A. BLANKET ADDITIONAL INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LIABILITY COV- ERAGE- Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Liability Cover- age, but only for damages to which this Insurance applies and only to the extent that person or or- ganization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. B. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LI- ABILITY COVERAGE. An "employee" of yours is an "insured" while operating a covered "auto" hired or rented under a contract or agreement In that "em- ployee's" name, with your permission, while I. WAIVER OF DEDUCTIBLE —GLASS J. PERSONAL EFFECTS K. AIRBAGS L. AUTO LOAN LEASE GAP M. BLANKET WAIVER OF SUBROGATION performing duties related to the conduct of your business 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while perform- ing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto" C. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LIABILITY COV- ERAGE: CA T4 20 07 10 © 2010 The Travelers Indemnity Company. All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2) of SECTION II — LIABILITY COVERAGE. (2) Up to $3,000 for cost of ball bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4) of SECTION 11— LIABILITY COVERAGE: (4) All reasonable expenses Incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. E. TRAILERS —INCREASED LOAD CAPACITY The following replaces Paragraph C.1. of SEC- TION I — COVERED AUTOS: 1. "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads F. HIRED AUTO PHYSICAL DAMAGE The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Hired Auto Physical Damage Coverage If hired "autos" are covered "autos" for Liability Coverage but not covered "autos" for Physical Damage Coverage, and this policy also provides Physical Damage Coverage for an owned "auto", then the Physical Damage Coverage Is extended to "autos" that you hire. rent or borrow subject to the following: (1) The most we will pay for "loss" in any one "accident" to a hired, rented or borrowed "auto" is the lesser of: (a) $50,000; (b) The actual cash value of the damaged or stolen property as of the time of the "loss", or (c) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. (2) An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". (3) If a repair or replacement results in better than like kind or quality, we will not pay for the amount of betterment. (4) A deductible equal to the highest Physical Damage deductible applicable to any owned covered "auto". (5) This Coverage Extension does not apply to (a) Any "auto" that is hired, rented or bor- rowed with a driver; or (b) Any "auto" that Is hired, rented or bor- rowed from your "employee". G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES —INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE. We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT—INCREASED LIMIT Paragraph C.2.. Limit Of Insurance, of SEC- TION III — PHYSICAL DAMAGE COVERAGE is deleted. I. WAIVER OF DEDUCTIBLE —GLASS The following Is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE - No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. J. PERSONAL EFFECTS The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE. Personal Effects Coverage We will pay up to $400 for "loss" to wearing ap- parel and other personal effects which are. (1) Owned by an "insured"; and (2) In or on your covered "auto". This coverage only applies in the event of a total theft of your covered "auto" No deductibles apply to Personal Effects cover- age. Page 2 of 3 © 2010 The T•avelers Indemnity Company. All ights reserved CA T4 20 07 10 Incudes copyrighted material of Insurance Services Office, Inc. with its permission. f K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE Exclusion 3.a. does not apply to 'loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of 'loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one 'loss". L. AUTO LOAN LEASE GAP The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles In the event of a total 'loss" to a covered "auto' of the private passenger type shown in the Schedule or Declarations for which Physical Damage Cov- erage is provided, we will pay any unpaid amount due on the lease or loan for such covered "auto' less the following: (1) The amount paid under the Physical Damage Coverage Section of the policy for that "auto"; and COMMERCIAL AUTO (2) Any: (a) Overdue lease or loan payments at the time of the "loss"; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not returned by the les- sor; (d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases. M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS. 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract exe- cuted prior to any "accident" or 'loss", pro- vided that the "accident' or "loss" arises out of the operations contemplated by such con- tract. The waiver applies only to the person or organization designated in such contract. CA T4 20 07 10 G 20'0 The Travelers Indemnity Company. All rights reserved. Page 3 of 3 Inc udes copyrighted material of Insurance Services Office, Inc. with its permission.