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AGENDA BILL
CITY OF BREMERTON �
CITY COUNCIL
SUBJECT: Professional Services Study Session Date: November 10, 2015
Agreement with KPG for Crownhill COUNCIL MEETING Date: November 18, 2015
Elementary Sidewalks Department: PW & U
Presenter: Tom Knuckey
Phone: (360) 473-2376
SUMMARY: The Crownhill Elementary Safe Routes to Schools Sidewalk project will construct new
sidewalks along the east side of Marine Drive between Rocky Point Road and Bertha Avenue and
along Dora Avenue making connections between existing sidewalks and the school. Along with the
sidewalks, this project will also construct ADA ramps and enhanced safety features at the
intersection of Marine Drive and Dora Avenue. 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
Crownhill Elementary Sidewalk Project.
ATTACHMENTS: Local Agency Agreement
FISCAL IMPACTS (Include Budgeted Amount): The agreement identifies the design cost at
$88,499.49.
STUDY SESSION AGENDA: � No Presentation ❑ Full Presentation
STUDY SESSION ACTION: ❑x 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$88,499.49 and authorize the Mayor to finalize and execute the
agreement with substantially the same terms and conditions as presented.
COUNCIL ACTION: [.�Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 01/07/15
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
UBI Number Federal TIN or SSN Number
601-248-468 91-I 477622
Execution Date Completion Date
�( 1 ��1,� 12/31/16
1099 Form Required Federal Participation
❑ Yes Q No Q Yes ❑ No
Project Title
Crownhill Elementary Sidewalks
Description of Work
Approximately 1200 LF of 5 ft. wide concrete sidewalk, curb, gutter pavement markings, ADA compliant
driveway approaches and curb ramps, storm drainage and non-structural retaining walls on the east side of
Marine Drive from Bertha Avenue to Rocky Point Road.
Approximately 300 LF of 5 ft. wide concrete sidewalk, curb, gutter, pavement marking, ADA compliant
drive«�ay approaches, and storm drainage on the west side or pora Avenue from 1327 Dora Avenue to 1349
Dora Avenue.
❑ Yes Q No DBE Participation Total Amount Authorized: $88,499.49
❑ Yes ❑� No MBE Participation Management Reserve Fund: $0
❑ Yes Q No WBE Participation
Maximum Amount Payable: $88,499.49
❑ Yes Q No SBE Participation
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
Erhibit 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:
Local Agency A&E Professiona/Services Cost Plus Fixed Fee Consultarrt Agreement Page 1 of 14
Revised 4/10/2015
THI S 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.
III. General Requirements
All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall
receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or
individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress,
and presentation meetings with the AGENCY and/or such 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 A8E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 2 of 14
Revised 4H0/2015
Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required,
per 49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the
commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will
be shown on Exhibit "B" attached hereto and by this reference made part of this AGREEMENT. If the 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: If to CONSULTANT:
Name: Gus Brandon Garcia Name: Nate Mozer
Agency: City of Bremerton Agency: KPG, P.S.
Address: 345 6th Street Suite 600 Address: 2502 Jefferson Ave
City: Bremerton State: WA Zip: 98377 City: Tacoma State: WA Zip: 98402
Email: Gus.Garcia@bremerton.wa.us Email: nate(c�kpg.com
Phone: 360-473-5290 Phone: 253-627-0720
Facsimile: Facsimile:
IV. Time for Beginning and Completion
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing
by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this
AGREEMENT titled "Completion Date."
The established completion time shall not be extended because of any delays attributable to the CONSULTANT,
but may be eatended 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 A8E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 3 of 14
Revised 4H0/2015
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 Gost 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.
l. 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 (6j 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
CONSULT'ANT'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 l 3-82, 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 3l.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 A8E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 4 of 14
Revised 4h0/2015
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 IGR 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 A8E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 5 of 14
RP��sPd ai�nno�s
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.O11.
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 4H0/2015
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 technica] 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 tlie 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 • Civil Rights Restoration Act of 1987
(42 U.S.C. Chapter 2] Subchapter V � 2000d (Public Law 10U-259)
through 2000d-4a) • American with Disabilities Act of]990
• Federal-aid Highway Act of 1973 (42 U.S.C. Chapter 126 fi 12101 e�. seg.)
(23 U.S.C. Chapter 3 § 324) • 23 CFR Part 200
• Rehabilitation Act of 1973 • 49 CFR Part 21
(29 U.S.C. Chapter 16 Subchapter V � 794) • 49 CFR Part 26
• Age Discrimination Act of 1975 • RCW 49.60.180
(42 U.S.C. Chapter 76 j 6101 et. seq.)
In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit"F"
attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "F" in
every sub-contract, including procurement of materials and leases of equipment, unless eaempt 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 CONSLILTANT.
In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the
CONSULTANT, a final pay•ment 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 Ternlination exceeds the total amount that would be due when computed as set forth in paragraph two (2j 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 perfonning SERVICES
to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to
Agreement Number:
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Revised 4/10/2015
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 tlle 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:
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Revised 4H0/2015
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 tlie 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 CONSULTAN"I'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 CONStJLTANT's negligence or
the negligence of the CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors, of any tier,
or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any
AGREEMENT between CONSULTANT and any sub-consultant, subcontractor and vendor, of any tier.
The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers
and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the
alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents,
proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT's
agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the
CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any
use in connection with the AGREEMENT of inethods, processes, designs, information or other items furnished or
communicated to STATE 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 copyrigllt 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 vvritten notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and
eaamination 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 perfonnance 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 4/10/2015
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 O1 12 04 or its equivalent with minimum
limits of one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) in the
aggregate for each policy period.
C. Business auto liability insurance written under ISO Form CG 00 O1 10 Ol or equivalent providing coverage for
any "Auto" (Symbol 1) used in an amount not less tlian 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 (l4) 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. ln 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 4/10/2015
The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third pariy,
and no third party beneficiary is intended or created by the execution of this AGREEMENT.
The AGENCY will pay no progress payments under section V "Payment Provisions" until the CONSULTANT has
fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is
available to it under other provisions of this AGREEMENT, or otherwise in law.
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 "G-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
and Exhibit "G-4" Certificate of Current Cost or Pricing Data. Exhibit"G-3" is required only in AGREEMENT's
over one hundred thousand dollars ($100,000.00) and Exhibit "G-4" is required only in AGREEMENT's over
five hundred thousand dollars ($500,000.00.) These Exhibits must be executed by the CONSULTANT, and
submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section tII "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 4/1 D/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 eaempt
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 Inforniation. 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 Consultanf Agreement Page 12 of 14
Re�►spd ai�nizn�s
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 liarmless 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 ineetings,
Agreement Number:
Local Agency A8E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 13 of 14
Revised 4/10/2015
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 Date
�- �� 1����5
Signature Date
Any modification, change, or�•eformulion of this AGREEMENT shall�•equi�•e uppr•ovul us lo forrn by the Of�ice
of'the Auo�•ney General.
Agreement Number:
Local Agency A8E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 14 of 14
Re��sed ai�onn�s
Exhibit A
Scope of Work
Project No.
See Exhibit A, attached
Agreement Number:
WSDOT Form 140-089 EF Exhibit A Page 1 of 1
Revised 10/30/2014
EXHIBIT A
City of Bremerton
Crownhill Elementary Sidewalks
KPG
Scope of Work
Purpose
The purpose of the Crownhill Elementary Sidewalks project is to improve accessibility and safety
of children walking and biking to school. The project will install sidewalks at finro locations, filling
existing gaps in the City's sidewalk network. The new sidewalk on Marine Drive will connect to
existing sidewalks at Bertha Avenue and Rocky Point Road, the new sidewalk on Dora Avenue
will extend the existing sidewalk section to the northern terminus of the road.
Proposed Improvements
Proposed Improvements for the Crownhill Elementary Sidewalks project includes the following:
♦ Approximately 1200 LF of 5 ft. wide concrete sidewalk, curb, gutter, pavement
markings, ADA compliant driveway approaches and curb ramps, storm drainage
and non-structural retaining walls on the east side of Marine Drive from Bertha
Avenue to Rocky Point Road.
♦ Approximately 300 LF of 5 ft. wide concrete sidewalk, curb, gutter, pavement
markings, ADA compliant driveway approaches, and storm drainage on the west
side of Dora Avenue from 1327 Dora Avenue to 1�349 Dora Avenue.
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 HSIP Phase 2 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 complete 10% Conceptual design alternatives for discussion during a
concept design workshop. The 10% design will include driveway locations,
driveway widths and back of sidewalk restoration type. The improvements to
Marine Drive will not include a bike lane.
♦ 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.
♦ A formal public involvement process/program is not included in the scope of work.
Public involvement and coordination with business owners/residents/school district
will be handled by the CITY.
City of Bremerton Page 1 of 10 KPG
Crownhill Elementary Sidewalks 10/20/2015
♦ City of Bremerton Typical pavement sections will be used for pavement restoration.
A formal pavement section design will not be developed.
♦ 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 developed and obtained by the CITY.
♦ 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.
♦ Frontage improvement plans for the Bremerton United Methodist Church.
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
Cify of Bremerton Page 2 of 10 KPG
Crownhill Elemenfary Sidewalks 10/20/2015
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 finro (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 HSIP Phase 2 project. (Assume six (6) meetings).
o The selected alternative from the concept workshop will be carried forward to
60% design. The CONSULTANT will complete a draft Design Decisions
memorandum documenting the direction given to the CONSULTANT by CITY
staff.
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
HSIP Phase 2 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 notes
♦ Draft Design Decisions memorandum
Work Element 2 Utility Marking, Survey and Base Mapping
This Work Element includes survey and basemapping on Marine Drive from Bertha Avenue to
Rocky Point Road and Dora Avenue from1327 Dora Ave to 1349 Dora Ave along the proposed
sidewalk alignment. 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 described above. Basis of control will 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.
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Crownhill Elementary Sidewalks 10/20/2015
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
as describe above. Perform note reduction of the field survey data.
Field survey to locate paint marks in work element 2.1 at 50-ft intervals and surface
feature (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. 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.
Mapping work to prepare 1"=20' topographic base map and digital terrain model (DTM)
in AutoCAD 2015 format of the project within the limits described above. The base map
will include features within the mapping area as describe above. One-foot contours will
be generated from the DTM.
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.
Work Element 2 Assumptions:
♦ Topographic survey will be completed for the northern (eastern) half of Marine
Drive and the associated areas of Bertha Avenue and Rocky Point Road. No
mapping will be completed for the southern (western) half of Marine Drive.
♦ Topographic survey will be completed for pora Avenue from Marine Drive to the
northern terminus of the roadway.
♦ The CITY will obtain right-of-entry permits necessary for survey.
♦ Property corners will not be located as part of this scope of work.
Work Elemenf 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 Marine Drive and Dora
Avenue within the project vicinity.
3.1 Research publically available records and obtain last recorded deeds for 12 parcels.
Costs for ordering last recorded deeds are included as a reimbursable (assume 12
deeds).
3.2 Calculate existing right of way and show on project base map.
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Crownhill Elementary Sidewalks 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 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:
♦ Copies of the obtained legal descriptions for each parcel (12 parcels).
♦ ROW line determination included in deliverable for Work Element 2.
Work Element 4 Geotechnical Engineering
This Work Element includes geotechnical investigation and recommendations necessary for
wall 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.
Work Element 4 Deliverables:
♦ 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 Stormwater pocumentation
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), which has been adopted by the City of Bremerton.
5.1 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
threshold discharge areas (TDAs). Determine the applicability of each of the 10
Minimum Requirements to each TDA.
5.2 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 5 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.
City of 8remerton Page 5 of 10 KPG
Crownhill Elementary Sidewalks 10/20/2015
♦ 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 catchment/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 5 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 6 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.
6.1 The CONSULTANT shall prepare 60% plan sheets for review and approval by the CITY.
The 60% submittal will include the 10% concept design provided by the CITY, as well as
comments provided during the concept workshop. The 60% plans 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.
City of Bremerton Page 6 of 10 KPG
Crownhill Elemenfary Sidewalks 10/20/2015
6.2 The CONSULTANT shall prepare 60% quantities and opinion of probable cost for
review and approval by the CITY.
6.3 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.
6.4 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.
Work Elemenf 6 Assumptions:
♦ The CONSULTANT shall attend a 60% design review meeting as per Work
Element 1.3
Work E/emenf 6 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
♦ Final Design Decisions memorandum
♦ Meeting notes from 60% submittal design review meeting
Work Element 7 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.
7.1 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 a 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 7 of 10 KPG
Crownhill Elementary Sidewalks 10/20/2015
Sheet List
Title/index sheet (1 sheet)
Legend, Abbreviations, General Notes and Survey Control (1 sheet)
Typical Sections and Details (2 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 (4 sheets)
Intersection Grading and ADA Ramps Plan (3 sheets)
ADA Ramp Details (3 sheets)
Wall Plan and Details (2 sheets)
Channelization and Signing Plan/Plan (2 sheets)
Traffic and Pedestrian Control Plans (3 sheets)
TOTAL = 25 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.
7.2 The CONSULTANT shall prepare Draft Bid quantities and opinion of probable cost for
review and approval by the CITY.
7.3 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.
7.4 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.
7.5 The CONSULTANT will prepare Maximum Extend Feasible, Public Interest Finding and
"Tied Bid" documentation and provide to the CITY.
Work Element 7 Assumpfions:
♦ Specifications will be based on 2014 WSDOT Standard Specifications.
♦ Design Plans and Specifications will be packaged with the HSIP Phase 2 plan set
and advertised as a "tied bid". A separate bid schedule will be prepared for each
project.
City of Bremerton Page 8 of 10 KPG
Crownhill Elementary Sidewalks 10/20/2015
♦ 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 7 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
♦ 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) '/z 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 8 Assistance During Bidding �
8.1 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 one
(1) addenda.
City of Bremerton Page 9 of 10 KPG
Crownhill Elementary Sidewalks 10/20/2015
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 or through use of
Management Reserve Funds, 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 KPG
Crownhill Elementary Sidewalks 10/20/2015
Exhibit B
DBE Participation
Not Applicable
Agreement Number:
WSDOT Form 140-089 EF Exhibit 8 Page 1 of 1
Revised 10/30/2014 �
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:
I. 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 10/30/2014
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 10/30/2014
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 10/30/2014
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
Re��sed�oi3nizo�a
Exhibit D
Prime Consultant Cost Computations
See Exhibit D, attached
Agreement Number:
WSDOT Form 140-089 EF Exhibit D Page 1 of 1
Revised 10/30/2014
�
.�
�� WashingtonState Exhibit D TransportaGonBuilding
• � rtment of Trans rtation 310 Maple Park Avenue S.E.
� � � P.O.Box 47300
Olympia,WA 98504-7300
Lynn Peterson 36o-7os-�000
� Secretary of Transportation TTY:1-800-833-6388
www.wsdot.wa.gov
August 6, 2015
KPG, Inc.
753 - 9`h Avenue N
Seattle, WA 98109-4309
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 terrns and conditions of the respective agreement/contract.
'I"liis 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 consultantsatesC�a,wsdot.wa.gov.
_ ,gards;
� . � E K. JONSO
. r�� aaager, Consultant Servi ..s Office
EKJ:kal
Acceptance ICR Risk Assessment Review
.�
Washington 6tate
�� Department of T�ansportation Memorandum
May 13, 2014 -
TO: Stacie Kelsey,Local Programs
FROM: Martha Roacli, 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, lnc. Indirect Cost Rate for the above
referenced fiscal year. The review was completed at the request of WSDOT Northwest
Region Local Programs. We reviewed tl�e 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 I{PG, Inc. Indirect Cost Rate
for fiscal year ending De�cember 31,20l 3, 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 aze in
compliance with Federal Acquisition Regularions(FAR), Subpart 31.
• Costs billed to agreements will still be subject to audit of actual costs,based on the tenns ,
' and conditions of the respective agreement.
• ' This was not a cognizant review. Any other entity contracting with the firm is � .
responsible for determining tlie acceptability of the Indirect Cost Rate.
- i
lf you have any questions,feel free to call me at(360) 705-7006 or via email at �
roacl�ma(u�wsdot.wa. ov. �
i'
Cc: Steve McKerney I
File •
' , ��
I
�,
� - ��
Ij
, I;
� . I
i
I
DOT Furm 70D-008 EF �
Raul�ed'JI9B i
. ;
Certification of Final lndirect Costs
Flrm Name:KPO,ine. i
�
Indirect Cosl Rate Proposel:131.49 "fp
Date oF Proposal P�eparation(mm/ddlyyyy):0311112014
Ffscel Pehod Cavered(mm/ddlyyyy to mm/ddlyyyy);o�rov�a�o�z�3lno�s �
. �
1, the�ndersigned, certJfy tha(1 heve r�evlewed fhe proposa!fo esfablish final indirect cost retes �
for fhe fiscel perlod as speclfled ebove and to the best of my lcnowledge end bellef.•
f.)Alf costs lncluded In fhls proposel to esfabliah frnal lndirect cnsf rates are allowable!n
accordance with the cost princlples of Ihe Federel Acquislflon Regulatlons(FARJ of fltle 49,
- Code of Federal�Regulatlans(CFR),parf 31.
2 J This proposa/does not include any cosls which are expressly unellawable under the cos�
princlples of fhe FAR o146 CFR 31.
A!1 known materlal transecflons or evenfs that heve occurred alfecfing the firm's ownershlp,
organlzatlon and ladirecf cost ra(es have been disclosed. �
� �
Signature:,
Neme of Certifying OHicial"(Print):Nalaon Davls
' Tille: Presldenl
Date of Ce�lificetfon(mm/ddlyyyy):05N2/2014
.. i.
o �l
"The°Certifying Officiel"must be an Indlvidual executive or flnanclal ofilcer of the flrm at a level i
no lower than a Vice President or Chiei Financlal Offlcer,or equivalenl,who has the authority to
' represent the financia�Informailon ulllized lo establish lhe indirect cost rate for use under Agency ;
contracts. I
I
Ref.FHWA Directive 4470.1A avallabfe on line at: ;
htla;l/www.(hwa:dol.aov/leasregsidfrecfiveslordar�47Q1�,�ilm '�
. ,
, , j�
11
1;
4'
�t
I�
I,
O/H Cerdfication;Nov 2010 ��
. • �;
. i;
' li
;
KPG Exhibit D
CONSULTANT FEE DETERMINATION
SUMMARY OF COST
City of Bremerton
Crownhill Elementary Sidewalks
Direct Salary Direct Salary
Classification Cost Total Hours Total Cost
QA/QC Engineer $70.67 13 $918.71
Project Manager $36.06 84 $3,029.04
Senior Project Engineer $55.29 22 $1,216.38
Project Engineer $42.27 239 $10,102.53
Design Engineer $28.85 247 $7,125.95
CAD Technician $38.22 111 $4,242.42
Senior Surveyor $45.67 22 $1,004.74
Survey Party Chief $41.83 28 $1,171 .24
Survey Chainman $30.77 10 $307.70
Survey Technician $39.90 32 $1,276.80
Construction Manager $43.27 8 $346.16
Clerical $28.37 42 $1,191.54
DSC Subtotal 858 $31,933.21
Overhead (OH) Cost (Include Salary Additives)
OH Rate x DSC 131.49% x $31,933.21 = $41 ,988.98
Fixed Fee (FF)
FF Rate x DSC 25.00% x $31,933.21 = $7,983.30
DSC Total $81,905.49
Direct Reimbursables
Mileage $345.00
Last Recorded Deeds $100.00
GeoResources $6,149.00
Reimbursable Total $6,594.00
Total Agreement Amount $88,499.49
City of Bremerton 10/20/2015
HOUR AND FEE ESTIMATE
Exhibit D
Project. City o1 Bremerton K P G
Crownhlll Elementary Sidewalks Inrerdlscipltnary Deslan
October 20,2015
Labor Hour Esllmeta
ONOC Pro�ect Sr Ro�oct Projxt Dadgn CAD Sallor Survoy Pnrty Survoy Survoy Comtrucuan
E irpor Monnger E nreor E Iroor E Iroor Txhniclan Survo or Cniol Chainmon Tochrticlan Mano or Clorlcal Houre TOt01 FCB
Y 187.26 S 92.49 S 141 81 $ 108.42 S 74.00 E 98 03 E 117.14 S 10729 $ 78.82 S 102.94 S 110.98 S 72 77 �
,Tesk DeseA ion Uiroctsale Cost(DSC) S 70.67 S 76.06 f 55.29 E 4227 5 2885 S 3822 f 4567 S 01.83 S J0.77 S �9.90 S a327 E 28.37
Work ElemeM 1-Pro eet Mana emeM i CoorEinatlon/Atlmlmstretlon
7 1 Administrallon Serwces(6 Monlhs) _ ' I 8 I i
—. — .—._ — .' — — __ .... .._._. . __ ._�—_ I I I 6 $ 1.32205
t2 ManagementServ�ces .. ._ _.. .. _ _. ._.._16.._ ...._ I— — � -- — j —j� -- 8 —� t6l$iA?98a
. . ._. — —. ..—.
.' -----—�-�
�3 Coordination Meetings(7 Meetings,comGined wilh FISIP Phase 2 meetin8s)� ._ . �Z • i 8 I i I 4 2a $ ����2,268 29
— __. —..._— — _. — .—'——..— ... _—...—__.--.._
'— .... ..__
— i—
ta WSDO7ADASileWalk I 2 I I Z ' � ��
_ —. --_.— .__ .._ .—. —. �--..— _ . ._. —..— .'.' _— —� ...� _ . . .—.� .�— .._ ._—_ . ..—. .4�$ 40782
Reimbursxble e enses-see breakdown lor details I I I I � � I 5 172 50
Task Totets I 0 I 18 I 0 I 10 0 0 I 0 I 0 I 0 0 0 12 60 I S 5,64A.51
Wark Element 2-Surve entl Bese Ma in
2 7 Uhlity Locate5lKPG coordination with one�call) I ' i I 2 I I I 21$ 234 28
.— _—. ._.. _ — — .—. .—_ ..—. . .._
2 2 Field Surve 8 Basema � � � � � ' � — —
._ —. '--..—.
__— .._ ._.. Y _ .__PP��B. __ _. _. � _ .— —_—�— _._.' � 4 I 20 : 70 I 76._. I __. —_ — 50'$ 5.047 00
_ 2 3 Addwonal Field Survey 8 8asemapping(t tlay) . I 8 . 8_� � 76 $ 7,677 03
Reimbursable e enses-see breakdown for details � I I I I I � �I � —I I I � � � � I 5 t 72 50
T85k To�ol I 0 I 0 0 0 I 0 I 0 6 28 ' 10 I 2q 0 0 6B I S 7.124.82
Work ElemeM�-Ri M at We Calculations
3 7 Research Existirg Rghl ol Way Documenls _ _ _ i i_._ _I ___ _I__._._I .. ._! 8 .�_ _I � BI S 937 7 t
. .32 CalculateROWBAtldtoBasemap _____. _. _.. ... _.� !_ ___. _ _ ! —I 8 I 8 I_ _ _16�$ 7.75583
Reimbursabla e enses�see breakdown for details I I I I I � � � I I � �$ 100 00
Task Total I 0 I 0 ! 0 I 0 I 0 I 0 i 16 i 0 I 0 8 I 0 0 24:f 2,792 94
Work Elemenl0-GeoteelvJeal E i�enn
4 7 Develop Support Dacumanis_ _ I __ _! 2 _I_. I � � I 2 5 tB4 98
_—. . ._—� ._--. ..—_. —. _ �—._—_ ..._ .___.. ..— — . ..—_ �_--
Re�mbursab:e ezpenses-see breakdown for tletails ' ' I I I I ' I I I 5 6 ta9 00
Task Tmal 0 2 I 0 I 0 0 0 I 0 I 0 0 I 0 I 0 I 0 2 I f 6 333.88
Work Element 5-Stormwater poeumentotion
5 1 Stormwater Requiremenis Analysis,011site Analysis 8 Map I _. � ._ 4 t2 8 I I i 2a $ 2,460 25
� 52 StormwaterSitePlanMemorandum � � � I 2 I �2 � ' a — �-- I—_—. .— — —
� � ! . .:. .— . _. :—. . .
_ .._. ._.. .__ .__ .___ I I I 18'$ 1.88064
Reimbursahlo ezpenses-see breakdown lor tleta�ls � � � � � � �'- —� —�—� �---� --���--�g - �
Task Total 0 0 I 6 I 24 I 12 0 I 0 I 0 0 I 0 0 0 62 S 0 340.89
WorkElemeM6-60%Des�n
6 7 60%Design Plans(24 5heet5) I 4 I 4 I 7 I 772 I �16 I 69 I I I I I I 372i S 29.578 35
.. _. ..— _ ..— ..._ .—..
6 2 60°6 Design Ouanlities 8 Estimate _ _ __ I _.. __I 2 __ __� 8 B I � � ' � � 7B S 1.644 37
. 63 —60iDesignSPecil�cations _ _ _ I � I B 2 2 --�—�-- � -- �—�—� �---I—. _.. .. .—..I I a �i7lg i.7i2ii
6 4 Final Despn Decisions Memo I_ _ I < I 2 � � _ _ I I I I 2 BI 5 732 33
Reimbursable ez enses�see bieaktlown lor details � � � — ;g
Task Total 5 18 I 9 124 124 69 0 0 I 0 0 0 6 355 I S 73,667.70
City ol Bremenon
Crownhill Elementary Sbewalks 1 0l 4 KPG
Hour antl eB Slim3ie
Oc�ober 2015
HOUR AND FEE ESTIMATE
Exhibn D
Pro�ect: Clty ol Bremerton K P G
Crownhlll Elementary Sidewalks
October 20,2015 Interdlsclpllnory Design
i Labor Ho�a ESUmete
I
i Ob'OC Pro�oel S�Ro�oct Pro�oel Dealgn CAO SeMor Survey Pony Survoy Survoy Corotructwn
E iruor Ll�m or Erginaor E E Iroor TochNclon Survo or Chlol Chelmnnn Tochmclnn Mano er Cloncel Hou�3 TOtel FC2
181.26 92.49 141 81 108.42 7C.00 98.03 117.14 f 07 29 78.92 102.34 110 9B 72.77
Work ElemeM 7-Final Desi n
7t DraltBdPlans! 4 0 i 6 i__ 58 ' 78 26 ! 0 0 � 0 0 � 8 I 0 7B0 $ 17,07264
__... _ _. ' _.. —_. .—. __. —_..--...—
--..
7 2 Drafl Bd OuantAies 8 Estimate . . 2 I _ 8— —8— �— �_ _ �--.—. .. _... ..—._..—� _�— — tB $ 1.644 31
. — ._.. .--_.— '._ .—_ .— _— ._ . —_ —'— '
7 3 Dra�t Bb Specilicauons _ _ _ t I 8 I 1 I n 4 � I 72 30�$ 2.665 BS
. . ..__ _. . .-- —
74 FinalBidPlans,SpecdicationsBEstimato _ I _3 6__ ; 6 72 i6 � I 12 55 $ 5.07889
_ _ __ _I__ _ _ ' ___ _ _ ______ _I _ _ _
7 5 MEF,PIF 8 Tied Bid Documen�a�ion I � 6 I I 4 I ��� B , , I I 1 B $ 1 580 59
. .. _ _ _ __ __
—_— __ . . — _ ___.. —_ .—. ...._. ' ___.—. .__ '_— _—— — .... — I ._.—. � ._.__ •
Reimbursable e enses-see braakdown lor details ' I I I I ' I � i — �—� i g
7osk7ofal 8 22 7 I 80 770 I a2 I 0 I 0 0 0 8 I 24 301 S 28,04228
Work Element 8-Assisto�e Uun Biddi
B t B�dder Ouesuons�Adtlentla(Assume t Addenda) � 4_� _ t_ I 1 ___. __. ; _ _ . I . 61 S 552 38
—. _.. ——--...— - — ; --I—.. �— --� i-— - -- j$ --
Reimtursable e�Wenses�see breakdown lor delails � I I I � I I
Task Total 0 4 0 I 7 � 1 I 0 I 0 0 0 I 0 0 0 6 S 552]8
TOTAL HOURS AND TOTAL ESTIMATED FEE I 13 I 84 I 22 i 219 I 247 I 111 i 22 i 28 I 10 32 I 8 I a2 i BSB i S B8 499 A9
Hour rafes are Desetl on Ihe lollowin.
D�recf Sala Costs $ 70 67 $ 36 O6 $ 55 29 $ a2 27 3 28 B5 S 98 22 $ 45 67 $ 4 t 93 $ 30 77 $ 39 90 5 43 27 3 28 97
Overhead@73749% $ 9292 $ 4742 $ 7270 $ 5558 $ 3793 $ 5026 S 6005 $ 5500 $ 4046 $ 5246 $ 5('i90 $ 9790 1Jia9°b
FisedFeea30i S t767 5 902 $ 1982 $ i057 $ 721 $ 956 3 tt42 $ 1046 $ 769 $ 998 $ t0ffi $ 709 2500"0
TotalLaborRale $ 18126 5 92d9 $ 14181 $ �08a2 $ 7400 $ 9803 $ 7177d $ 10729 S 7892 $ 102Jd $ 11p98 $ 7277
City o�Bremerton
Crownhill Elementary Sbewalks 2 of 4 KPG
Hour and Fea EsUmate
October20i5
HOUR AND FEE ESTIMATE
Exhibi�D K P G
Project: City of Bremerton
Crownhill Elementary Sidewalks Interdlxiplinary Design
October 20,2015
Reimbursable Breakdown
Work Element 1-Projeet Management/Coordination/Administration
- _... — .
— --- — -- —. . _
Mileage(est 300 miles x 0 575 cents/mile) $ 172 50
Task 1-Total $ 172 50
Work Element 2-Survey and Base Mapping
— -- -- -- — —
-- —
_ _ _ M�leage(est 300 miles x 0 575 cents/mile) _ $_ 172 50
Task2-ToWI $ 17250
Work Element 3-Right of Way Calculations _
Order Lasl Recorded Deeds __ _ _ __ _ _ _ $ 700 00
Task 3-Total $ 100 00
Work Element 4-Geotechnical Engineering
_. GeoResources ____ _ __ __ _ $ 6,149 00
Task 4-Total $ 6 149 00
Work Element 5•Stormwater pocumentation
-- —.—. . --.. - _ $ ...—. —
Task 5-Total $
Work Element 6-60%Design
—... _.. - ——-- -
- --- --- —— _.. .—.—. $— --- '
Task 6-Total $
Work Element 7=Final Design
--- -- _ . . _..—..—.-- —— -- ---- -- $-- —
Task 7•Total $
Work Element 8-Ass�stance During Bidding
- — — - ---.—. ---- �
Task 8•TOWI $
TOTAL REIMBURSABLES: $ 6,594.00
Cny ol Bremerton
Crownhill Elementary Sidewalks 3 0l 4 KPG
Hour and Fee Eslimate October 2015
Exhibit D
FEE SUMMARY K P G
Interdisciplinary Design
Project: City of Bremerton
Crownhill Elementary Sidewalks
October 20, 2015
Description Estimated Fee
Work Element 1 - Project Management/Coordination/Administration $5,644.51
Work Element 2-Survey and Base Mapping $7,124.82
Work Element 3- Right of Way Calculations $2,7g2.g4
Work Element 4- Geotechnical Engineering $6,333.98
Work Element 5- Stormwater pocumentation $4,340.89
Work Element 6-60% Design $33,667.70
Work Element 7- Final Design $28,042.28
Work Element 8-Assistance During Bidding $552.38
Total Estimated Fee $88,499.49
City of Bremerton
Crownhill Elementary Sidewalks 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 V1 "Sub-Contracting" of this AGREEMENT.
See Exhibit E - GeoResources, LLC Scope of Work
Agreement Number:
WSDOT Form 140-089 EF Exhibit E Page 1 of 1
Revised 10/30/2014
GeoResources, LLC
Ph.253-896-1011 5007 Pacific Hwy. E, Suite 16
Fx.253-896-2633 Fife, Washington 98424-2649
October 14, 2015
City of Bremerton
c/o KPG
2502 Jefferson Avenue
Tacoma, Washington 98402
(253) 627-0720
Attention: Mr. Aaron Knight, PE
aaron@kpg.com
Proposal for Geotechnical
Engineering Services
Crownhill Elementary Sidewalks
Marine Drive and Dora Avenue
Bremerton, Washington
DocID: KPG.CrownhillSidewalks.Pr
INTRODUCTION AND SCOPE
We are pleased to submit this proposal for geotechnical engineering services for
the proposed sidewalk improvements near Crownhill Elementary in Bremerton,
Washington. According to information provided by you, the proposed improvements will
be along the north side of Marine Drive, and west of Dora Avenue.
Our understanding of the project is based on our October 8, 2015 telephone
conversation with you, a review of the City of Bremerton Notice to Consultants (August
3, 2015 and August 10, 2015), and review of aerial photographs and published geologic
maps for the site areas. We were not able to visit the site prior to preparing this
proposal.
We understand that the project is part of the Safe Routes to School initiative and
will include sidewalk, curb, gutter, pavement markings, signing, and pedestrian activated
crosswalk beacons. Because of site grades, a retaining wall or rockery, with as much as
6 feet of exposed face, may be necessary. The project location extends from Bertha
Avenue to Rocky Point Road along Marine Drive; along Dora Avenue from Marine Drive
to the Crown Hill Elementary, and includes the intersection of Dora Avenue and Marine
Drive. Currently, Marine Drive includes two 11-foot paved travel lanes with variable width
(5 to 8 feet) shoulders. The right (north) shoulder will be replaced with the sidewalk, and
will have a curb and gutter for grade separation. In contrast, Dore Avenue (from the
alley north to the dead end) consists of a 22-foot wide paved roadway with variable
shoulders. Dora Avenue will be widened about 3 feet with a new sidewalk added on the
left (west) side of Dora 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;
KPG.CrownhillSidewalks.Pr.doc
October 14, 2015
Page 2
2. Exploring the subsurface conditions along the alignment by drilling one to
three shallow borings along the alignment of the proposed sidewalk
alignment;
3. Performing grain size analyses on representative samples collected from
our borings;
4. Addressing the appropriate City of Bremerton public works standards;
5. Providing geotechnical recommendations for site grading including site
preparation, subgrade preparation, fill placement criteria, suitability of on-
site soils for use as structural fill, temporary and permanent cut and fill
slopes, 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
expansion along Dora Avenue and patches along Marine Drive; and
8. Recommendations for additional services, as warranted.
SUBSURFACE EXPLORATIONS
As stated, we propose to explore surFace and subsurface conditions by drilling
one to three borings at selected locations along the proposed sidewalk alignment. We
were requested to drill one boring at the location of the proposed wall/rockery. For the
retaining wall, we will drill a single 10 to 15-foot boring. While onsite, the cost to drill
additional one to two 5-foot borings for sidewalk and roadway subgrade soils is relatively
inexpensive for the data provided. The exact locations of the borings 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
hand-portable Acker 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 2'h- or 5-foot depth intervals by driving split-
spoon samplers in accordance with the Standard Penetration Test procedure
(ASTM:D-1586). A geologist 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 will be required. We expect that there will
be sufficient room to perform our boring on the shoulder or off of the shoulder but still
within the right-of-way. As such, traffic control should only be limited to signage for
shoulder work. 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-
KPG.CrownhillSidewalks.Pr.doc
October 14, 2015
Page 3
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 will include moisture content determinations and
grain size analyses. We propose to perform 4 to 6 moisture contents, 2 sieve analysis,
on representative soil types. We will store all samples for about 30 days after testing
has been completed and then discard them, unless prior arrangements are made for
long term storage.
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. According to the Bremerton School District
Calendar, there are non-student days on October 30 and November 5 and 6. We would
prefer to do our field work on those two days because there would be less traffic.
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 Enpineerinq Report Cost
Drilling Contractor(1 @ 15 feet, 2@ 5 feet) .......................$1,806
Traffic Control Signage...........................................................$157
Field engineering and transportation (2 trips).......................$1,246
Laboratorytesting...................................................................$310
Geotechnical research, analysis, and report preparation .....$2,630
Total Geotechnical Costs $�
Optional Items Cost
Traffic Control Flagging for Lane Closure..............................$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
KPG.CrownhillSidewalks.Pr.doc
October 14, 2015
Page 4
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.
CLOSURE
We appreciate the opportunity to submit this proposal and look forward to
working with you on this project. If you have any questions regarding the scope of work
or budget of this proposal, please call. Authorization to proceed may be indicated by
returning one copy of the proposal signed in the space provided below or attaching this
proposal to your standard subconsultant agreement.
Yours very truly,
GeoResources, LLC
Keith Schembs, LEG Dana C. Biggerstaff, PE
Principal Senior Geotechnical Engineer
You may authorize the above services and budget by signing below and
returning one copy, or your preferred method of authorization.
The services described above are
Authorized by:
N/A
Signature of Responsible Party
N/A
Print Name& Date
Please Return One Signed Copy of This Agreement For Our Files
KSS:DCB:kss
Doc.ID KPG.CrownhillSidewalksr.doc
Enclosures:Schedule of Charges and General Conditions
City of Brnmerton Crownhill Elementary Sidevrdlks
Bmakdown ol SubcontracWr Expenses
Subconfractor Task antl Unrt Rate Or� J� J°�� 189
Drilling Foot E1700 E000
eatn sample Ea h 517 00 SO 00
crete 1 each E2000 Sa000
Bemm�imChip 6 Each bt700 b10200
�^� oaN E2300 E000
ment eaU� St2500 E000
cavng 1 25 ry Sa 75 EO 00
wenmapnais(1 25screen fl 5595 E000
EerlhworkGon4actOr�onaio hour E9500 E000
Eetrhtwork-mob-damobe hour E9500 E000
mobd�zaLon 1 each E00000 540000
nourly-drill�np 5 Eatl� f25000 5125000
oatli EO 00
each 50 00
each SO 00
Ta• 51a200 94 SO10 b1420
SubTotnl Subcontractor Costs 51,806
Total Subcontractor Expenses 51,806
Breakdown ol F�eld W6or Costs
c
�cA�J a cAa
Personnel and Hourly Ra(es Per �, ��P`(c���{A�h�,�� p� ��
Ca(egory Q" G� G 5 F�
TaskDesmplron E1500� E72000 38500 56500 E5500
Recon antl Larates q
Teq R6
Bonngs g
$�tnod 0 0 4 B 0 0 0
Torel Le6or Cosrs per Level EO b0 5480 E680 50 50 EO
SubTotel Field Labor Costs 57,160
Bmakdown o(Field Expensee
�
E.pense and Unit Rate o� J� J�df' tia
Mileage�2�79 mAes) 148 Mile EO 58 585 Bd
Each EO EO
Each SO 50
SubtoUl Field Ea nsc Costs f86
Total Field Labor and Expense 51,246
B�cakdown Laboratory Teshng Expensce
i
c
Laborato Tesf and Unif Rate p'° J� J�CPS ti��
Moisture Conten[ 4 Each 520 E80
Siavaslwash 2 Ea h E115 5230
Proelors Each 5275 SO
LA Nbar Teq Ea h E387 5 50
DeBraEauon Each b»75 SO
Subtotal Freltl Ea nse Costs 5710
Total Laboratory Expense 6310
Breakdown ol Lobor Cosis-Enginecnng and Reponin
B`� a`�w�•
c�' s�w�'`� ��3
Personnel and Hourly Rafes Per �, � ��� 1� os �
Ca!egory Qc �p� vd3 h yF FA�D� PpF°
TeskDescnpbon 51W00 572000 EB500 E�.+`� 55500 yt5U0
Lags Z
SiR Planslfipures 4
x211s
EnginneennB 2 4 2
Raport P�eparaaon Z 4 3 3
s�sou
ToIBILeborCasfsperLevel 0 4 B 11 0 0 3
EO 5600 b960 b935 SO EO b135
Sub-Total Labor Costs f2,630
Tatal Labor Cosis 52,630
TOTAL COST ESTIMATE g5,gg
Plus traNic control sign rental 8757
TOTAL COST ESTIMATE 36,149
Supplemental Ilems
7 day Flaging and treffic control Services- $ �,pgg
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GeoResources, LLC
5007 Pacific Hwy E, Ste 16 - � ' - � -
Fife, WA 98424
Phone: 253-896-1011
Fax: 253-896-2633 2015 Schedule of Charges
COMPENSATION
Our compensation will be determined on the basis of time using the following
schedule, unless a Lump Sum amount is indicated, and job related expenses in
accordance with the proposal or services agreement. Current staff rates are as follows:
Expert Witness $210/hour
Principal $150/hour
Senior Geologist/Senior Engineer $120/hour
Staff GeologistlEngineer $85/hour
Senior Technician $65/hour
Technician $55/hour
Support Staff $45/hour
Mileage $0.70/mile
All rates are subject to change upon notification. Contracted professional and
technical services will be charged at the applicable hourly rates listed above. Time spent
in either local or inter-City travel when travel is in the interest of this contract will be
charged in accordance with the foregoing schedule. When traveling by public carrier a
maximum charge of eight hours per day will be made.
LABORATORY TESTING UNIT RATES
All geotechnical laboratory testing will be completed on a unit price basis as shown
below:
Moisture Content (ATSM D:2216) $20/each
Proctor Test (ASTM D:1557) $225/each
Atterberg Limits (ASTM D:4318) $150/each
Sieve (ASTM D:6913) $115/each
Sieve w/ Hydrometer $200/each
Sand Equivalent (ASTM D:2419) $80/each
Any test not listed above will be subcontracted to another testing lab and charged
out at their rate plus 15 percent.
OTHER SERVICES SUPPLIES AND SPECIAL TAXES
Charges for subcontracted services, equipment, supplies and facilities not
furnished in accordance with the above schedule and any unusual items of expense not
customarily incurred in our normal operations, are charged at cost plus 15 percent. This
includes shipping charges, subsistence, transportation, printing and reproduction,
miscellaneous supplies and rentals, surveying services, drilling or excavation equipment,
construction equipment, watercraft, aircraft and special insurance, which may be required.
Taxes and or fees required by local jurisdictions for projects in specific geographic areas
will be charged to project at direct cost.
Client Initial Page l
�
� Washington State Transportation Building
Department of Tiransportation PO.Box'4 300 Avenue S.E.
� Olympia,WA 98504-7300
Lynn Peterson 360-705-7000
Secretary of Transportation ny;�_gpo-833�388
www.wsdot.wa.gov
November 16, 2015
GeoResources, L.L.C.
5007 Pacific Hwy. E, Suite 16
Fife, WA 98424
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. T'his 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 agreemendcontract. �
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�a,wsdot.wa.�.
Regards;
K. JONSO
Manager, Consultant Services Office
EKJ:rck
Acceptance ICR Risk Assessment Review
XY'/.Corp.
Overhead Schedule
Elscal Year Ended Dccembcr 31,2006
GeoResaurces,LI.0
•Indirect Cost Rate SchedWc
Far tlre Year�nded Decembcr 31,2014
�Inanclel
Slalemen� Acceptcd
Descriptlon Amowt Georesourcee AdJ. WSUOT AdJ. R�� �nowt y,
D'u�eU Labor ]89,666 PR a �N',6�i
Dlrea Lubor SJ89,666 �3 G,d 100.00%
Indircet Cosfs:
�Ange BeneOn
Vacation PaY $7.098 PN a 57,09A 1.82:�
Sick Pq $2,971 PR a 52,971 0.76%
Holiday Pay $4,968 PR a 54,968 I 27%
PayrollTaxes b40,546 a 540,546 ID4l%
Hea1111 Insurencc E74,396 2 34,796 R A7%
Profit Sharing(401-k) $98,753 I 98,757 2S l4%
- Training 52,109 a 2,109 054% ,
TololFringeBeneOts $190,R4L SO $0 5190,841 4898%
Cencral Overl�esd •
PRa,AI.
Indiratl.abor 5217.790 (54,054) Al0 5213,736 54.85°0
Bid&Pivposol Labor $10.422 PR e 10,422 2 67%
Advertising Lubor 5999 (999) PA n 0 0.00%
Ru�t 26,A2G a 26,426 678%
7'�avel 41,444 (],070) e,AdjA 38,174 9854e
Ad�A,
Tiavel-MnLa 0 3,070 0 Ad�l l 3,070 0 7995
litturena ]6,955 6 16,955 948%
Tdryhore 10,610 ' a 10.610� 2,7246
Unl:tia 1.988 ' a 1.988 0.51%
Tuxa&Licrnsa 17,288 (295) n,Adj6 16.Y93 436%
Deprecintion&Amonizaiion J 1,007 (70,954) a.A7.A9 53 U 01%
Dues&Su6suiplions 0 3,092 Adj R 3,092 0.79%
F,Nertanncal 35b9 (3,569) a,A2 0 000%
ProLssio�alFees 7,Si9 (1,395) e,A1 6,484 1.fi6%
InlQest 504 (504) e,Ad�S (0) 0.00%
Computer 0 11,077 , AdjC II,U77 2.64%
z,Adj4,
Supplia&Misccllanwus 43,497 (14,169) (3,618) Ad�B 25,710 460%
TotalCencrulOverhend $450.J79 SO (S45,J88) S4U4,951 101.9344
Toud Iidirect Cosls&Overhend 1lrI1,220 50 (545,388) $595,892 151..91% �
Indirecl Cosl Rnle(Lesy�CC) 164.56h 164.56% 152.91'S
Fncilihes Cost of CapiUl EO 0.00%
5641.220 EO (S45,J88) 5595,872
Totel Ftnonelal Slmcmeot L+:pe�e 51.030,BA6 d
Indlrat Cost Rau(Includes FCC) 192,g�y,
Gturrsor�rces,LLC-/n Prucexf
"Judirccl Cus!Raa•sdH srrbjta ro WSDOT ArnGl"
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AG Pt�nnlPropctytnx�s,S295,mb�llow��6lepfr2l•205�1(b)(5)
A7(IoWwiIl,Sll,ll9,wwlluwoble�nril-Y03-49
AB IRSSen�on481(a�,276795,mialloaahletwJ1205-27w�d-1705�wupporlublc�aaunenauinunalluwnblc�71201-2(ipfa�oml27G795
A7 IRS Suc 179,519835,imcllownble�71 205-11,Cost DixclanvuO����onniro spuciGc�llysinle 179�s�uM nllnwe6le
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nl I 2014 Tat Rdum daalloxs 31535 T&F,but 31105-46 does nat specifieally mennan if thc 1RS disallmvs thrn the Sdollar a FAR disallowed
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. Inforniation 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 10/30/2014
Exhibit G
Certification Documents
Exhibit G-1(a) Certification of Consultant
Eahibit G-1(b) Certification of
Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters -
Primary Covered Transactions
E�chibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
Exhibit G-4 Certificate of Current Cost or Pricing Data
Agreement Number:
WSDOT Form 140-089 EF Exhibit G Page 1 of 1
Revised 10/30/2014
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)
�_ �� 11�t ��
Signature(Authorized Official of Consultant) Date
Agreement Number:
WSDOT Form 140-089 EF Exhibit G Page 1 of 1
Revised 10/30/2014
Exhibit G-1(b) Certification of City of Bremerton
I hereby certify that I am the:
❑� 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 e�pressly 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.
l� g l�
Signature Date
Agreement Number:
WSDOT Form 140-089 EF Exhibit G Page 1 of 1
Revised 10/30/2014
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)
� ����b� ��
Signature(Authorized Official of Consultant) Date
Agreement Number:
WSDOT Form 140-089 EF Exhibit G Page 1 of 1
Re��sed�oi3oi2o�a
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:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any Federal agency, a Member
of Congress, an officer or employee of Congress, or 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 $]0,000.00, 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)
.
�T� `�
Signature(Authorized Official of Consultant) Date
Agreement Number:
WSDOT Form 140-089 EF Exhibit G Page 1 of 1
Re�►sed�oisono�a
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 Crownhill Elementary Sidewalks ` 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.
�� �NG��
Signature Title
Date of Execution***:
*Identifj the proposal,quotation.reyuest for pricing adjustment,or other submission involved,eivine the appropriate identifi ing number(e.g.pr�ijcct titic.)
**Inscrt thc day.month.and year.���hen price negotiations�vere concluded and price AGRI:I:MENT�aas reached.
***Insert the day,month,and year,of signing,which should be as close as practicable to the date�vhen the price negotiations�vere concluded and the
contract price��as agreed to.
Agreement Number:
WSDOT Form 140-089 EF Exhibit G Page 1 of 1
Re��sed�oisoi2o�a
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
Re��sed�oisono�a
Exhibit 1
Alleged Consultant Design Error Procedures
The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a
nature that exceeds the accepted standard of 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 tlie 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 infornled and
involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an
agency staff person other than tlie project manager, who has not been as directly involved in the project,
to be responsible for the remaining steps in these procedures.)
Step 2 Project Manager pocuments the Alleged Consultant Design Error(s)
After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the
Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed
documentation than is normally required on the project. EYamples 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 tlie alleged design error(s) and the magnitude of tlie 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 representaiives, 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 I 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 10/30/2014
Exhibit J
Consultant Claim Procedures
The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following
procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total
of$1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the
Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s)
that total $1,000 or less.
This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential
claim by the consultant.
Step 1 Consultant Files a Claim with the Agency Project Manager
If the consultant determines that they were requested to perfonn additional services that were outside
of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed
is the request for consideration of the claim to the Agency's project manager.
The consultant's claim must outline the following:
• Summation of hours by classification for each firm that is included in the claim;
• Any correspondence that directed the consultant to perform the additional work;
• Timeframe of the additional work that was outside of the project scope;
• Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with
the additional work; and
• Explanation as to why the consultant believes the additional work was outside of the agreement
scope of work.
Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation
After the consultant has completed step 1, the next step in the process is to forward the request to the
Agency's project manager. The project manager will review the consultant's claim and will met with the
Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the
FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's
recommendation for federal participation in the claim to the WSDOT 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 10/30/2014
Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s)
If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary
for the Director of Public Works or Agency Engineer that included the following:
• Copy of information supplied by the consultant regarding the claim;
• Agency's summation of hours by classification for each firm that should be included in the claim;
• Any correspondence that directed the consultant to perform the additional work;
• Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated
with the additional work;
• Explanation regarding those areas in which the Agency does/does not agree with the consultant's
claim(s);
• Explanation to describe what has been instituted to preclude future consultant claim(s); and
• Recommendations to resolve the claim.
Step 4 Director of Public Works orAgency 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
Re�►sed�oi�ni2n�a
g141 Ibte-t 1-')"? '
if) Washington State
Department of Ti ansportation
Supplemental Agreement Organization and Address
Number I KPG,P.S.
2502 Jefferson Ave
Original Agreement Number Tacoma,WA 98402
N/A Phone: 253-627-0720
Project Number Execution Date Completion Date
SRTS-6637(001) 10/14/16 12/31/2017
Project Title New Maximum Amount Payable
Crownhill Elementary Sidewalks $ 88 499.49
Description of Work
This supplement will extend the contract for one year.
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.
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:
I
Section 1, SCOPE OF WORK, is hereby changed to read:
There will be no change in the scope of services.
II
Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days
for completion of the work to read: December 31,2017
111
Section V, PAYMENT, shall be amended as follows:
No Change.
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: Natha Mozer.KPG V By: tt'-i Lt-N1t- , Mcg nY'`'
4intignature proving thonty Signature
///0//Z047
DOT Form 140-063
Revised 09/2005
i � _. __ �
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� AC R� DATE(MMIDDIYYYV) I
, CERTIFICATE OF LIABILITY INSURANCE 10/30/2015 i
, THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS
I CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
� BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the '
certificate holder in lieu of such endorsement s.
PRODUCER CONTA
, NAME• MICIIBEI J H2II$i CiOlTl�� _
Michael J Hall&Company
PHONN E� : 6O- - 7OO AIG,No):
Hall&Company E-MAIL
19660 10th Ave NE ADDRESS• �f� S h II n .co i
i POUISbO WA 98370 __ INSURER�S)AFFORDING COVERAGE NAIC#
__ _ __ _ iNsuReR n:The Travelers l.nsl�mnity Company Qf _25682 _
INSURED 2g2 iNsuReRs:The Charter Oak Fire Insurance.Com� 5615
! KPG Inc iHsuReR c:Und.erwriters at Llovd's.,London/Bea..__ i
753 9th Avenue North
Seattle WA 98109 INSURER D:
INSURER E: �
. INSURER F. I
� COVERAGES CERTIFICATE NUMBER:382915840 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.
INSR 7ypE OP INSURANCE ADDL' UBR � POLICY EFF POLICY EXP� LIMITS
LTR INSR�VWD POLICY NUMBER MMIDDM/YY MMIDDIYYYY
A GENERAL LIABILITY 6803947N451 6/1/2015 611/2016 EpCH OCCURRENCE $1,000,000
X I COMMERCIAL GENERAL LIABILITY P EM SES�(Ea oNcuErrenceZ $300,000_ �
�I CLAIMS-MADE �OCCUR MED EXP(Any one person) $5,000
x XCUIOCPIBFPD PERSONAL 8 ADV INJURY .$1,�
. ...- � —�- — —
X_Cross Liability � GENERAL AGGREGATE $2,000,000 __ I
GEN'L AGGREGATE LIMIT APPLIES PER• PRODUCTS-COMP/OP AGG $2,000,000
POLICY X PRO- LOC $
B AUTOMOBILELIABILITY BA4011N774 6I1/2015 6/1/2016
� Ea accident I�1,000,000
I^ ANY AUTO BODILY INJURY(Per person) $
� ALL OWNED �I SCHEDULED BODILY INJURY(Per accident) $
, AUTOS �AUTOS pROPERTY DAMAGE I
NON-OWNED Peraccident $
HIRED AUTOS AUTOS
$
UMBRELLA LIAB �OCCUR EACH OCCURRENCE $
EXCESS LIAB CLAIMS-MADE AGGREGATE $
DED RETENTION$ $
q WORKERS COMPENSATION 6803947N451 6/1/2015 6/1/2016 WC STATU- X 'OTH- WA Sf0 Ga �
AND EMPLOYERS'LIABILITY T RY LIMIT ER � ... P P _
YIN
ANY PROPRIETOR/PARTNER/EXECUTIVE❑: � � E L EACH ACCIDENT $1,000,000
OFFICER/MEMBER EXCLUDED� N/A � - �� - --- �
(Mandatory in NH) ,E L DISEASE-EA EMPLOYE $1,000,000
If yes,describe under
DESCRIPTION OF OPERATIONS below �E.L.DISEASE-POLICY LIMIT $1,000,000
� � Professional Liab Claims Made 1147823385/015 6/1/2015 '6l1/2016 $1,000,000 Per Claim
, $1,000,000 Aggregate i
I
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remaiks Schedule,if more space is required) I
Project:#15153—Crownhill Elementary Sidewalks
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 appiies to the Commercial General Liability,Auto Liability, Umbrella/Excess
Liability and Workers Compensation/Employers Liability in favor of the Additional Insured. I
, CERTIFICATE HOLDER CANCELLATION i
i 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
� �� � ��
i
I O 1988-2010 ACORD CORPORATION. All rights reserved. i
ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD i
I �
�
` 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 fallowing is added to WHO IS AN INSURED INSURANCE (Section III) for this Coverage
(Section II): Part.
Any person or organization that you agree in a B. The following is added to Paragraph a. of 4.
"contract or agreement requiring insurance" to in- Other Insurance in COMMERCIAL GENERAL
clude as an additional insured on this Coverage LIABILITY CONDITIONS (Section IV}:
Part, but only with respect to liability for"bodily in- However, if you specifically agree in a"contract or
jury", "property damage" or "personal injury" agreement requiring insurance"that the insurance
caused, in whole or in part, by your acts or omis- provided to an additional insured under this Cov-
sions or the acts or omissions of those acting on erage Part must apply on a primary basis, or a
your behalf: primary and non-contributary basis, this insurance
a. In the performance of your ongoing opera- is primary to ather insurance that is available to
tions; such additional insured which covers such addi-
b. In connectian with premises owned by or tional insured as a named insured, and we will not
rented to you; or share with the other insurance, provided that:
c. In connection with "your work" and included (1) The "bodily injury" or "property damage" for
within the "products-completed operations which coverage is sought occurs; and
hazard". {2} The "persanal injury" for which coverage is
Such person or organization does nat qualify as sought arises out of an offense committed;
an additional insured for "badily injury", "property after you have entered into that "contract or
damage" or "personal injury" for which that per- agreement requiring insurance". But this insur-
son or organization has assumed liability in a con- ance still is excess over valid and collectible other
tract or agreement. insurance, whether primary, excess, contingent or
The insurance provided to such additional insured on any other basis, that is available to the insured
is limited as follows: when the insured is an additianal insured under
d. This insurance does not apply on any basis to any other insurance.
any person or organization for which cover- C. The following is added to Paragraph 8. Transfer
age as an additional insured specifically is Of Rights Of Recovery Agalnst Others To Us
added by another endorsement to this Cover- in COMMERCIAL GENERAL LIABILITY CON-
age Part. DITIONS(Section IV}:
e. This insurance does not apply to the render- We waive any rights of recovery we may have
ing of or failure to render any "professional against any person or organization because af
services". payments we make for "bodily injury", "property
f. The limits of insurance afforded to the addi- damage" or "personal injury" arising out of "your
tional insured shall be the limits which you work" perforrned by you, or on your behalf, under
agreed in that "contract or agreement requir- a"contract or agreement requiring insurance"with
ing insurance" to provide for that additional that person or organization. We waive these
insured. ar the limits shown in the Qeclara- rights only where you have agreed to do so as
tions for this Coverage Part, whichever are part of the "contract or agreement requiring insur-
less, This endorsement does not increase the ance" with such person or organization entered
limits of insurance stated in the LIMITS OF into by you before, and in effect when,the "bodily
CG D3 81 09 07 O 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, ar the "per- erage Part, provided that the "bodily injury" and
sonal injury"offense is committed. "property damage" occurs, and the "personal in-
D. The following definition is added ta DEFINITIONS jury"is caused by an offense committed:
(Section V): a. After you have entered into that contract or
"Contract or agreement requiring insurance" agreement;
means that part of any contract or agreement un- b. While that part of the contract or agreement is
der which you are required to inGude a person or in effect; and
organization as an additional insured on this Cov- c. Before the end of the policy period.
Page 2 of 2 O 2007 The Travelers Companies,Inc. CG D3 81 09 07
Includes the copyrighted material of Insurance Services Office, Inc.,with ils 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 COV[RAGE 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 broadernng provisions do not apply to
the extent that coverage is excluded or limited by such an endorsemeni. 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 io determine rights, duhes, 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 I. WAIVER OF DEDUCTIBLE—GLASS
D. SUPPLEMENTARY PAYMENTS — INCREASED J. PERSONAL EFFECTS
LIMITS K. AIRBAGS
E. TRAILERS—INCREASED LOAD CAPACITY L. AUTO LOAN LEASE GAP
F. HIRED AUTO PHYSICAL DAMAGE M. BLANKET WAIVER OF SUBROGATION
G. PHYSICAL DAMAGE — TRAIdSPORTATION
EXPENSES—INCREASED LIMIT
A. BLANKET ADDITIONAL INSURED performing duties related to the conduct of
The following is added to Paragraph A.1., Who Is your business.
An Insured, of SECTION II — LIABILITY COV- 2. The following replaces Paragraph b. in 6.5.,
ERAGE: Other Insurance, of SECTION IV — BUSI-
Any person or organization who is required under NESS AUTO CONDITIONS:
a written contract or agreement between you and b. For Hired Auto Physical Damage Cover-
that person or organization, that is signed and age, the following are deemed to be cov-
executed by you before the "bodily in�ury" or ered "autos"you own:
"property damage" occurs and that is in effect (�� Any covered "auto" you lease, hire,
during the policy penod, to be named as an addi- rent or borrow;and
tional insured is an "insured" for Liability Cover-
age, but only for damages to which this insurance (Z) Any covered "auto"hired or rented by
applies and only to the extent that person or or- your "employee" under a contract in
ganization qualifies as an "insured" under the that individual "employee's" name,
Who Is An Insured provision contained in Section with your permission, while perForm-
II. iny duties related io the conduct of
B. EMPLOYEE HIRED AUTO your business.
1. The following is added to Paragraph A.1., However, any"auto"that is leased, hired,
Who Is An Insured, of SECTION II — LI- rented or borrowed with a driver is not a
ABILITY COVERAGE� covered "auto"
C. EMPLOYEES AS INSURED
An "employee" of yours is an "insured" while
operating a covered "auto" hired or rented Tfie following is addeC to Paragraph A.1., Who Is
under a contract or agreement in that "em- An Insured, of SECTION II — LIABILITY COV-
ployee's" name, with your perrnission, wfiile ERAGE:
CA T4 20 07 10 G 20�0 The Travelers Indemnity Company.All•ights reserved Page 1 of 3
Inc�udes copyr�ghted r�atenal of Insurance Serv�ces Oif�ce,Inc.with its permission.
i /
C
COMMERCIAL AUTO
Any "employee"of yours is an "insured"while us- (3) If a repair or replacement results in better
ing a covered"auto"you don't own, hire or borrow than like kind or quality, we will not pay for the
in your business or your personal affairs. amount of betterment.
D. SUPPLEMENTARY PAYMENTS — INCREASED �4) A deductible eGual to the highest Physical
LIMITS Damage deductible applicable to any owned
1. The following replaces Paragraph A.2.a.(2) of covered "auto".
SECTION II—LIABILITY COVERAGE: {5) This Coverage Extension does not apply to:
(2) Up to $3,000 for cost of bail bonds (in- {a) Any "auto" that is hired, rented or bor-
cluding bonds for related traffic law viola- rowed with a driver; or
tions) required because of an "accident" (b) Any "auto" that is hired, rented or bor-
we cover. We do not have to furnish rowed from your"employee".
these bonds.
G. PHYSICAL DAMAGE — TRANSPORTATION
2. The following replaces Paragraph A.2.a.(4)of EXPENSES—INCREASED LIMIT
SECTION II—LIABILITY COVERAGE�
The following replaces the first sentence in Para-
(4) All reasonable expenses incurred by the graph A.4.a., Transportation Expenses, of
"insured" at our request, including actual SECTION III — PHYSICAL DAMAGE COVER-
loss of earnings up to $500 a day be- AGE:
cause of time off from work.
E. TRAILERS—INCREASED LOAD CAPACITY we will pay up to $50 per day to a maximum of
$1,500 for temporary transportation expense in-
The following replaces Paragraph C.1. of SEC- curred by you because of the total theft of a cov-
TION I—COVERED AUTOS: ered "auto"of the private passenger type
1. "Trailers" wiih a load capacity of 3,Q00 H. AUDIO, VISUAL AND DATA ELECTRONIC
pounds or less designed primarily for travel EQUIPMENT—INCREASEDLIMIT
on public roads Paragraph C.2.. Limit Of Insurance, of SEC-
F. HIRED AUTO PHYSICAL DAMAGE TION III — PHYSICAL DAMAGE COVERAGE is
The following is added to Paragraph A.4., Cover- deleted.
age Extensims, of SECTION III — PHYSICAL I. WAIVER OF DEDUCTIBLE—GLASS
DAMAGE COVERAGE: The follo�ving is added to Paragraph D., Deducti-
Hired Auto PhysicalDamage Coverage ble, of SEC710N III — PHYSICAL DAMAGE
If hired "autos" are covered "autos" for Liability COVERAGE•
Coverage but not covered "autos" for Physical No deductible for a covered "auto" will apply to
damage Coverage, and this policy also provides glass damage if the glass is repaired rather than
Physical Damage Coverage for an owned "auto", replaced.
then ihe Physical Damage Coverage is extended J. PERSONAL EFFECTS
to "autos" that you hire, rent or borrow subject to
the following: The following is added to Paragraph A.4., Cover-
age Extensions, of SECTION III — PHYSICAL
(1) The most we will pay for "loss" in any one DAMAGE COVERAGE:
"accidenP' to a hired, rented or borrowed
"auto"is the lesser of: Personal Effects Coverage
(a) $50,000; We wdl pay up to $400 for "loss" to wearing ap-
(b) The actual cash value of lhe damaged or Parel and other personal effects which are:
stolen property as of the time of the (1) Owned by an"insured";and
"loss",or (2} In or on your covered"auto".
{c) The cost of repairing or replacing lhe This coverage only applies in the event of a tolal
damaged or stolen property with other theft of your covered "auto"
property of like kind and quality. No deductibles apply to Personal Effects cover-
(2) An adjustment for depreciation and physical age.
condihon will be made in determining actual
cash value in the event of a total"Ioss".
Page 2 of 3 O 20'0 The Travelers Indemnity Company.All•ights reserved. CA T4 20 Q7 10
Includes copyr�ghted natenal of Insurance Serv�ces Off�ce,Inc.with its permission.
COMMERCIAL AUTO
K. AIRBAGS {2) Any:
The following is added to Paragraph 8.3., Exclu- (a) Overdue lease or loan payments at the
sions, of SECTION III — PHYSICAL DAMAGE time of the"loss";
COVERAGE� (b) Financial penalties imposed under a
Exclusion 3.a. does not apply to "loss" to one or lease for excessive use, abnormal wear
more airbags in a covered "auto"you own that in- and tear or high mileage;
flate due to a cause other than a cause of "loss" (c) Security deposits not returned by the les-
set forth in Paragraphs A.1.b. and A.1.c., but sor;
only: (d) Costs for extended warranties, Credit Life
a_ If that"auto" is a covered "auto" for Compre- Insurance, Health, Accident or Disability
hensive Coverage under this policy; Insurance purchased with the loan or
b. The airbags are not covered under any war- lease; and
ranty; and (e) Carry-over balances from previous loans
c. The airbags were not intentionally inflated. or leases.
We will pay up to a maximum of �1,000 for any M. BLANKET WAIVER OF SUBROGATION
one"Ioss". The following replaces Parayraph A.S., Transfer
L. AUTO LOAN LEASE GAP Of Rights Of Recovery Against Others To Us.
The following is added to Paragraph A.4., Cover- of SECTION IV — BUSINESS AUTO CONDI-
age Extensions, of SECTION I11 — PHYSICAL TIONS.
DAMAGE COVERAGE: 5. Transfer Of Ri�ts Of Recovery Against
Auto Loan Lease Gap Coverage for Private Others To Us
Passenger Type Vehicles We waive any right of recovery we rnay have
In the event of a total"loss"to a covered "auto"of against any person or organization to the ex-
the private passenger type shown in the Schedule tent required of you by a written contract exe-
or Declarations for which Physical Damage Cov- cuted prior to any "accident" or "loss", pro-
erage is provided, we will pay any unpaid amount vided that the"accidenY'or"loss"arises out of
due on the lease or loan for such covered "auto" the operations contemplated by such con-
less the following: tract.The waiver applies only to the person or
organizalion designaled in such contract.
(1) The amount paid under the Physical Damage
Coverage Section of the policy for that"auto';
and
CA T4 20 07 10 O 20�0 The Travelers Irtlemnity Company.Ali nghts reservetl. Pe9e 3 Of 3
Inc�utles copyrighted r�aterial of Insuranc=Services Off!ce,Inc.with its perm�ssio�.
1-72
Washington State
WI Department of Transportation
Supplemental Agreement Organization and Address
Number I KPG,P.S.
2502 Jefferson Ave
Original Agreement Number Tacoma,WA 98402
N/A Phone: 253-627-0720
Project Number Execution Date Completion Date
SRTS-6637(001) 10/14/16 12/31/2017
Project Title New Maximum Amount Payable
Crownhill Elementary Sidewalks $ 88 499.49
Description of Work
This supplement will extend the contract for one year.
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:
There will be no change in the scope of services.
I I
Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days
for completion of the work to read: December 31,2017
III
Section V, PAYMENT, shall be amended as follows:
No Change.
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: Nadia Mozer.KPG By: 1-tsclt , Mc.�fnY'
Consultant ignature p roving thorny Signature
// o/ 20it,
ate
DOT Form 140-063
Revised 09/2005