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HomeMy WebLinkAbout5991 R Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Agreement Number: Firm/Organization Legal Name (do not use dba's): KPFF Consulting Engineers Address Federal Aid Number 1601 Fifth Avenue, Suite 1600 STPUS-6522(012) UBI Number Federal TIN or SSN Number 578-063-612 91-0755897 Execution Date Completion Date 31 December 2020 1099 Form Required Federal Participation ❑ Yes ❑� No El Yes ❑ No Project Title 6th Street Preservation Phase I Description of Work 6th Street Preservation Phase I (Callow Avenue to Naval Avenue) consists of asphalt pavement planning and overlay, pavement markings, evaluation of existing ADA ramps, reconstruction of non-compliance ADA ramps within the limits of the project, radar vehicle detection systems at existing signals, utility adjustments, and other related street improvements. The length of this project is approximately 1,700 feet and there are 26 ADA ramps, with 16 having DWS. El Yes No DBE Participation Total Amount Authorized: $115,583.77 ❑ Yes ❑� No MBE Participation Management Reserve Fund: $9,246.70 ❑ Yes ❑� No WBE Participation Maximum Amount Payable: $124,830.48 ❑ Yes ❑� No SBE Participation Index of Exhibits Exhibit A Scope of Work Exhibit B DBE Participation/SBE Plan Exhibit C Preparation and Delivery of Electronic Engineering and Other Data Exhibit D Prime Consultant Cost Computations Exhibit E Sub-consultant Cost Computations Exhibit F Title VI Assurances Exhibit G Certification Documents Exhibit H Liability Insurance Increase Exhibit I Alleged Consultant Design Error Procedures Exhibit J Consultant Claim Procedures Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 1 of 14 Revised 03/29/2019 t t THIS AGREEMENT, made and entered into as shown in the "Execution Date"box on page one (1) of this AGREEMENT, between the City of Bremerton hereinafter called the "AGENCY,"and the "Firm /Organization Name" referenced on page one (1) of this AGREEMENT, hereinafter called the "CONSULTANT." WHEREAS, the AGENCY desires to accomplish the work referenced in "Description of Work" on page one (1) of this AGREEMENT and hereafter called the "SERVICES;" and does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary SERVICES; and WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish consulting services to the AGENCY. NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I. General Description of Work The work under this AGREEMENT shall consist of the above-described SERVICES as herein defined, and necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor, and related equipment and, if applicable, sub-consultants and subcontractors necessary to conduct and complete the SERVICES as designated elsewhere in this AGREEMENT. II. General Scope of Work The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit"A" attached hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed utilizing performance based contracting methodologies. Ill. General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress, and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days' notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit"A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the SERVICES in sufficient detail so that the progress of the SERVICES can easily be evaluated. The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 2 of 14 Revised 03/29/2019 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. In the absents of a mandatory UDBE, a voluntary SBE goal amount of ten percent of the Consultant Agreement is established. The Consultant shall submit a SBE Participation Plan prior to commencing work. Although the goal is voluntary, the outreach efforts to provide SBE maximum practicable opportunities are not. The CONSULTANT, on a monthly basis, shall enter the amounts paid to all firms (including Prime) involved with this AGREEMENT into the wsdot.diversitycompliance.com program. Payment information shall identify any DBE Participation. Non-minority, woman owned DBEs does not count towards UDBE goal attainment. 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: Shane Weber Name: Ronald Leimkuhler Agency: City of Bremerton Agency: KPFF Consulting Engineers Address: 345 6th Street, Suite 100 Address: 1601 Fifth Avenue, Suite 1600 City: Bremerton State: WA Zip: 98337 City: Seattle State: WA Zip: 98101 Email: shane.weber@ci.bremerton.wa.us Email: Ron.Leimkuhler@kpff.com Phone: 360-473-2354 Phone: 206-622-5822 Facsimile: Facsimile: NA 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 extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the established completion time. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Page 3 of 14 Agreement Revised 03/29/2019 T 1 V. Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES, specified in Section II, "Scope of Work". The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov). The estimate in support of the Cost Plus Fixed Fee amount is attached hereto as Exhibits "D" and"E" and by this reference made part of this AGREEMENT. A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost, indirect cost rate, and direct non-salary costs. 1. Direct (RAW) Labor Costs: The Direct (RAW) Labor Cost is the direct salary paid to principals, professional, technical, and clerical personnel for the time they are productively engaged in work necessary to fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the direct salary costs billed to the AGENCY. 2. Indirect Cost Rate (ICR) Costs: ICR Costs are those costs, other than direct costs, which are included as such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall be made at the ICR rates shown in attached Exhibits "D"and"E" of this AGREEMENT. Total ICR payment shall be based on Actual Costs. The AGENCY agrees to reimburse the CONSULTANT the actual ICR costs verified by audit, up to the Maximum Total Amount Payable, authorized under this AGREEMENT, when accumulated with all other Actual Costs. A summary of the CONSULTANT'S cost estimate and the ICR percentage is shown in Exhibits "D" and "E", attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT(prime and all sub-consultants) will submit to the AGENCY within six (6) months after the end of each firm's fiscal year, an ICR schedule in the format required by the AGENCY(cost category, dollar expenditures, etc.) for the purpose of adjusting the ICR rate for billings received and paid during the fiscal year represented by the ICR schedule. It shall also be used for the computation of progress payments during the following year and for retroactively adjusting the previous year's ICR cost to reflect the actual rate. The ICR schedule will be sent to Email: ConsultantRates@wsdot.wa.gov. Failure to supply this information by either the prime CONSULTANT or any of their sub-consultants shall cause the AGENCY to withhold payment of the billed ICR costs until such time as the required information is received and an overhead rate for billing purposes is approved. The AGENCY's Project Manager and/or the Federal Government may perform an audit of the CONSULTANT'S books and records at any time during regular business hours to determine the actual ICR rate, if they so desire. 3. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT. (excluding Meals, which are reimbursed at the per diem rates identified in this section) These charges may include, but are not limited to,the following items: travel, printing, long distance telephone, supplies, computer charges and fees of sub-consultants. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with WSDOT's Accounting Manual M 13-82, Chapter 10—Travel Rules and Procedures, and revisions thereto. Air, train, and rental car costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205-46 "Travel Costs."The billing for Direct Non-Salary Costs shall include an itemized listing of the charges directly identifiable with the PROJECT. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. All above charges must be necessary for the services provided under this AGREEMENT. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 4 of 14 Revised 03/29/2019 a 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, "Extra 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, "Extra Work."No minimum amount payable is guaranteed under this AGREEMENT. B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of Actual Costs plus the ICR and calculated fee on a monthly basis during the progress of the work. Such billings shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under Section III, "General Requirements"of this AGREEMENT. The billings will be supported by an itemized listing for each item including Direct(RAW)Labor, Direct Non-Salary, and allowable ICR Costs to which will be added the prorated Fixed Fee. To provide a means of verifying the billed Direct(RAW)Labor costs for CONSULTANT employees,the AGENCY may conduct employee interviews. These interviews may consist of recording the names,titles, Direct(RAW) Labor rates, and present duties of those employees performing work on the PROJECT at the time of the interview. C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent, if applicable, upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit; all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT,the CONSULTANT will refund such overpayment to the AGENCY within thirty (30)calendar days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT has twenty (20)working days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 5 of 14 Revised 03/29/2019 / ' D. Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for inspection by representatives of the AGENCY and the United States, for a period of six(6)years after receipt of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this AGREEMENT is initiated before the expiration of the six(6)year period,the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be performed by the State Auditor, WSDOT's Internal Audit Office and/or at the request of the AGENCY's Project Manager. VI. Sub-Contracting The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit"A"attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY and sub-consultant, any contract or any other relationship. Compensation for this sub-consultant SERVICES shall be based on the cost factors shown on Exhibit"E"attached hereto and by this reference made part of this AGREEMENT. The SERVICES of the sub-consultant shall not exceed its maximum amount payable identified in each sub- consultant cost estimate unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, indirect cost rate, direct non-salary costs and fixed fee costs for the sub-consultant shall be negotiated and substantiated in accordance with section V"Payment Provisions"herein and shall be memorialized in a final written acknowledgement between the parties. All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require each sub-consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With respect to sub-consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE's Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT, sub-recipient, or sub-consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the recipient deems appropriate. VII. Employment and Organizational Conflict of Interest The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 6 of 14 Revised 03/29/2019 Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly retired employees, without written consent of the public employer of such person if he/she will be working on this AGREEMENT for the CONSULTANT. VIII. Nondiscrimination During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub-consultants, subcontractors and successors in interest, agrees to comply with the following laws and regulations: • Title VI of the Civil Rights Act of 1964 • Civil Rights Restoration Act of 1987 (42 U.S.C. Chapter 21 Subchapter V § 2000d (Public Law 100-259) through 2000d-4a) • American with Disabilities Act of 1990 • Federal-aid Highway Act of 1973 (42 U.S.C. Chapter 126 § 12101 et. seq.) (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 § 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 exempt by the Regulations or directives issued pursuant thereto. IX. Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged and any appropriate fixed fee percentage at the time of termination of this AGREEMENT, plus any direct non-salary costs incurred up to the time of termination of this AGREEMENT. No payment shall be made for any SERVICES completed after ten (10) days following receipt by the CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 7 of 14 Revised 03/29/2019 date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of termination,the cost to the AGENCY of employing another firm to complete the SERVICES required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount,which would have been made using the formula set forth in paragraph two (2) of this section. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT's failure to perform is without the CONSULTANT's or its employee's fault or negligence,the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event,the CONSULTANT would be reimbursed for actual costs and appropriate fixed fee percentage in accordance with the termination for other than default clauses listed previously. The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any member, partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT's supervisory and/or other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee. The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50%or more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s) of this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT as set forth in the second and third paragraphs of this section. Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X. Changes of Work The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or revised,the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under section XIII "Extra Work." XI. Disputes Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within 10 days to the Director of Public Works or.AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided however,that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit"J". In the event that either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this AGREEMENT,this action shall be initiated in the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 8 of 14 Revised 03/29/2019 � r XII. Legal Relations The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall defend, indemnify, and hold The State of Washington(STATE) and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the negligence of, or the breach of any obligation under this AGREEMENT by,the CONSULTANT or the CONSULTANT's agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY,their agents, officers, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the STATE and/or the AGENCY may be legally liable; and provided further that if the claims or suits are caused by or result from the concurrent negligence of(a)the CONSULTANT or the CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally liable, and (b)the STATE and/or AGENCY,their agents, officers, employees, sub-consultants, subcontractors and or vendors,of any tier, or any other persons for whom the STATE and or AGENCY may be legally liable,the defense and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT's negligence or the negligence of the CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any AGREEMENT between CONSULTANT and any sub-consultant, subcontractor and vendor, of any tier. The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any use in connection with the AGREEMENT of methods, processes, designs, information or other items furnished or communicated to STATE and/or the AGENCY,their agents, officers and employees pursuant to the AGREEMENT; provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions resulting from STATE and/or AGENCY's, their agents', officers'and employees' failure to comply with specific written instructions regarding use provided to STATE and/or AGENCY,their agents, officers and employees by the CONSULTANT, its agents,employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. The CONSULTANT's relation to the AGENCY shall be at all times as an independent contractor. Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the CONSULTANT in the procurement of, or performance under,this AGREEMENT. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT's own employees or its agents against the STATE and/or the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. This waiver has been mutually negotiated between the Parties. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 9 of 14 Revised 03/29/2019 Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable supplemental AGREEMENT, the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques,job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with minimum limits of one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) in the aggregate for each policy period. C. Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage for any"Auto" (Symbol 1) used in an amount not less than a one million dollar($1,000,000.00) combined single limit for each occurrence. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance, the STATE and AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub- consultant and/or subcontractor as an additional insured (the "AIs"), with no restrictions or limitations concerning products and completed operations coverage. This coverage shall be primary coverage and non-contributory and any coverage maintained by the AIs shall be excess over, and shall not contribute with, the additional insured coverage required hereunder. The CONSULTANT's and the sub-consultant's and/or subcontractor's insurer shall waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to: Name: Shane Weber Agency: City of Bremerton Address: 345 6th Street, Suite 100 City: Bremerton State: WA Zip: 98337 Email: shane.weber@ci.bremerton.wa.us Phone: 360-473-2354 Facsimile: No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT's professional liability to the AGENCY, including that which may arise in reference to section IX "Termination of Agreement" of this AGREEMENT, shall be limited to the accumulative amount of the authorized AGREEMENT amount or one million dollars ($1,000,000.00), whichever is greater, unless the limit of liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT's professional liability to third parties be limited in any way. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 10 of 14 Revised 03/29/2019 The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third party, and no third party beneficiary is intended or created by the execution of this AGREEMENT. The AGENCY will pay no progress payments under section V"Payment Provisions" until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. XIII. Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT in the SERVICES to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the SERVICES under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an equitable adjustment in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify this AGREEMENT accordingly. C. The CONSULTANT must submit any"request for equitable adjustment," hereafter referred to as "CLAIM," under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of this AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the section XI "Disputes" clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs (A.) and (B.)above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XIV. Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XV. Federal Review The Federal Highway Administration shall have the right to participate in the review or examination of the SERVICES in progress. XVI. Certification of the Consultant and the Agency Attached hereto as Exhibit"G-1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "G-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit"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 III "General Requirements" prior to its performance of any SERVICES under this AGREEMENT. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 11 of 14 Revised 03/29/2019 XVII. Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement to this AGREEMENT. XVIII. Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and AGREEMENT's contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and conditions thereof. XIX. Protection of Confidential Information The CONSULTANT acknowledges that some of the material and information that may come into its possession or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state or federal statutes ("State's Confidential Information"). The "State's Confidential Information" includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles, credit card information, driver's license numbers, medical data, law enforcement records (or any other information identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security data, non-public Specifications, STATE and AGENCY non-publicly available data, proprietary software, State security data, or information which may jeopardize any part of the project that relates to any of these types of information. The CONSULTANT agrees to hold the State's Confidential Information in strictest confidence and not to make use of the State's Confidential Information for any purpose other than the performance of this AGREEMENT, to release it only to authorized employees, sub-consultants or subcontractors requiring such information for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish, transfer, sell, disclose, or otherwise make it known to any other party without the AGENCY's express written consent or as provided by law. The CONSULTANT agrees to release such information or material only to employees, sub-consultants or subcontractors who have signed a nondisclosure AGREEMENT, the terms of which have been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to the State's Confidential Information. Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the AGENCY's option: (i)certify to the AGENCY that the CONSULTANT has destroyed all of the State's Confidential Information; or(ii) returned all of the State's Confidential Information to the AGENCY; or(iii)take whatever other steps the AGENCY requires of the CONSULTANT to protect the State's Confidential Information. As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following: the State's Confidential Information received in the performance of this AGREEMENT; the purpose(s) for which the State's Confidential Information was received; who received, maintained and used the State's Confidential Information; and the final disposition of the State's Confidential Information. The CONSULTANT's records shall be subject to inspection, review, or audit upon reasonable notice from the AGENCY. The AGENCY reserves the right to monitor, audit, or investigate the use of the State's Confidential Information collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or investigating may include, but is not limited to, salting databases. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 12 of 14 Revised 03/29/2019 � y Violation of this section by the CONSULTANT or its sub-consultants or subcontractors may result in termination of this AGREEMENT and demand for return of all State's Confidential Information, monetary damages, or penalties. It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing such proprietary and/or confidential information shall be clearly identified and marked as"Confidential" and shall be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT. The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential and/or proprietary in nature: (a)at the commencement of the term of this AGREEMENT; or(b)as soon as such confidential or proprietary material is developed. "Proprietary and/or confidential information" is not meant to include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party; (iii) is independently developed by or for the other party; (iv)is publicly known; or(v) is generally utilized by unaffiliated third parties engaged in the same business or businesses as the CONSULTANT. The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure laws. As such,the AGENCY shall maintain the confidentiality of all such information marked proprietary and/ or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a public disclosure request is made to view materials identified as"Proprietary and/or confidential information"or otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that such records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure,the AGENCY will release the requested information on the date specified. The CONSULTANT agrees to notify the sub-consultant of any AGENCY communication regarding disclosure that may include a sub-consultant's proprietary and/or confidential information. The CONSULTANT notification to the sub-consultant will include the date that such records will be released by the AGENCY to the requester and state that unless the sub-consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure the AGENCY will release the requested information. If the CONSULTANT and/or sub-consultant fail to obtain a court order or other judicial relief enjoining the AGENCY by the release date,the CONSULTANT shall waive and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages, liabilities, or costs associated with the AGENCY's said disclosure of sub-consultants' information. XX. Records Maintenance During the progress of the Work and SERVICES provided hereunder and for a period of not less than six(6)years from the date of final payment to the CONSULTANT,the CONSULTANT shall keep, retain and maintain all "documents"pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all "documents" pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT's place of business during normal working hours. If any litigation, claim or audit is commenced,the CONSULTANT shall cooperate with AGENCY and assist in the production of all such documents. "Documents" shall be retained until all litigation, claims or audit findings have been resolved even though such litigation, claim or audit continues past the six(6)year retention period. For purposes of this AGREEMENT, "documents"means every writing or record of every type and description, including electronically stored information ("ESI"),that is in the possession, control, or custody of the CONSULTANT, including, without limitation, any and all correspondences, contracts,AGREEMENT's, appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten notes, reports, records,telegrams, schedules,diaries, notebooks, logbooks, invoices, accounting records, work sheets, charts,notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings, Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 13 of 14 Revised 03/29/2019 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. 00111.:0000,...." �r~ s 7 I Signature - p,1 e!nn.A u 1•' ler f' Date tl..) s`-30 l zo% Signature Date Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office of the Attorney General. Agreement Number: Local Agency AIM'Professional Services Cost Plus Fixed Fee Consultant Agreement Page 14 of 14 Dana...+nli')orJn40 Exhibit A Scope of Work Project No. Scope of Work included in the following pages Agreement Number: Exhibit A-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Page 1 of 1 1601 Fifth Avenue,Suite 1600 Seattle.WA 98101 206.622.5822 kpff.com SCOPE OF WORK CITY OF BREMERTON— 6TH STREET PRESERVATION PHASE I Revision: 8 May 2019 PROJECT DESCRIPTION The City of Bremerton (CITY) plans to perform a two phase pavement preservation project along 6th Street. Phase I is between Callow Avenue to Naval Avenue, and Phase II is between Warren Avenue to Pacific Avenue. The work to be performed by KPFF team (CONSULTANT) consists of preparing engineering, contract documents, and plans for improvement for both phases. 6th Street Preservation Phase I (Callow to Naval Avenue) consists of asphalt pavement planning and overlay, pavement markings, evaluation of existing ADA ramps, radar vehicle detection systems, reconstruction of non-compliance ADA ramps within the limits of the project, utility adjustments, and other related street improvements. The length of this project is approximately 1,700 feet and there are 26 ADA ramps, with 16 having DWS. Both phases are federally funded and have a zero percent DBE goal. Each phase will be budgeted, tracked, and reported as a separate project. PROJECT TEAM The project team includes: Owner City of Bremerton Jurisdiction Agencies City of Bremerton Environmental/Permitting City of Bremerton Prime Consultant KPFF Consulting Engineers Civil Design KPFF Consulting Engineers Construction Management KPFF Consulting Engineers Drainage Engineer KPFF Consulting Engineers Traffic Engineering Concord Engineering Survey Lin & Associates Geotechnical Engineer HWA GeoSciences Right of Way RES Group NW Cultural Resources Cultural Resources Consultant City of Bremerton —6th Street Preservation Phase I Page 2 NOTE: This Scope of Work is presented in two Phases and will be treated as two separate projects including hour tracking, project management, and invoicing. GENERAL ASSUMPTIONS— applies to both Phase I and Phase ll • Project duration is 12 months. This is anticipated to include through advertisement. Construction support is available should a supplement be requested by the CITY. • A site walk through of the project with the CITY and CONSULTANT will be performed within one week following the notice to proceed of the project to discuss, confirm, and make decisions on approach to project elements. • Project limits of Phase I include the intersections of Callow and Naval Avenue. Phase II project limits will extend from the eastside of Warren Avenue to the westerly limit of the cement concrete pavement of the Pacific Avenue intersection. • Project is categorically exempt under SEPA/NEPA. • Phase I project may require an archeology/cultural study and report. CONSULTANT will prepare and provide to the City an EZ-1 Form. If DAHP determines that a cultural study is required through the EZ-1 Form review process, a supplement will be executed to perform this study. • Phase II project may require an archeology/cultural study and report. CONSULTANT will prepare and provide to the City an EZ 1 Form, If DAHP determined that a cultural study is required through the EZ-1 Form review process, a supplement will be executed to perform this study. • There are no unsuitable soils or poor sub-base soils requiring removal and replacement within the limits of the project. • Geotechnical investigation will only be required for the traffic signal pole design. Additional geotechnical work will be performed under a supplement. • Phase I will not require a stormwater technical memorandum since the replaced impervious is estimated to be less than 2,000 square feet. • Phase II will require a stormwater technical memorandum to show how the project complies with the Stormwater Management Manual minimum requirements 1-5. New impervious is estimated to be less than 5,000 square feet. • Relocation of storm drainage will be required if curb bulbs are designed for Phase II 6th Street and Park Avenue intersection. • A project design report will be required. • CONSULTANT will perform ADA compliance evaluation on existing ADA ramps within the limits of this project including companion ramps. • ADA ramps without DWS will be considered to be in non-compliance and will be newly designed. • Sidewalks, driveways, and other access locations not associated with ADA ramps will not be evaluated. • The upgraded traffic signal at Park Avenue will use radar detection cameras. • New street lighting will be provided at the Park Avenue intersection signal only. City of Bremerton —6th Street Preservation Phase I Page 3 • Vehicle detection loops will be replaced with radar detection. It is assumed that Phase I will include three intersections and Phase II will include two intersections. Relocation of pedestrian push buttons will be required where new ramps are installed. • Permanent right of way acquisition will be required for the traffic signal and related equipment and estimate for property takes on all four 4 corners at Park Avenue. • Water main design services, included in Phase II, will be performed following federal guidelines in design and construction. • CONSULTANT will perform required potholing for utility conflicts, confirmation of water main depth, and pavement section. • CONSULTANT Subs include administrative and project management costs within their respective task line services. • Temporary Construction Easements are not anticipated for ADA ramp construction. • Pavement, curbing, and gutter profile will be retained to the existing alignment vertically and horizontally. • Design and plan set will be developed to 60%, 90%, and 100% level. • CONSULTANT will provide over the shoulder review of the 60%. . • Federal review will be performed at 90% and 100% only and will require on additional minor review of the 100%. • Traffic signal design will follow the CITY guidelines and/or direction for pole and light standards. • CONSULTANT will provide outreach material for two mailings performed by the CITY. • CONSULTANT will attend one outreach open house, with the CITY leading the process. • CONSULTANT will allocate up to 8 hours for individual meetings between the two phases. • CITY will provide traffic count information to be used for pavement design. • 6th Street is a E-3 Freight route. • Specifications will be based on WSDOT/APWA Standard Specifications for Road, Bridge, and Municipal Construction 2018. • ADA Ramps will be in compliance with the 2005 Public Right of Way Accessibility Guidelines. • City of Bremerton Engineering Standards and WSDOT Design Manual will be used for Standard Plan call outs. • Local Area Guidelines will be used for Federal Compliance guidelines. • Design will be performed using AutoCAD Civil 3D 2017. • Full size plan sets will be 1:20 scale and half size 1:40 scale. • Plan view sheets for pavement overlay will include 2 —400 foot roadway sections. City Responsibilities: • CITY will perform any require environmental permitting process including SEPA/NEPA. • CONSULTANT will prepare support documentation (exhibits, maps, etc) for the Department of Archaeology and Historical Preservation EZ-1 form which the City will prepare and submit tp DAHP. • CITY will provide known support documentation for the Park Avenue traffic signal. City of Bremerton —6th Street Preservation Phase I Page 4 • CITY will provide the names of the utilities within the project limits and point of contact information to include name, email, and phone number for each known utility. The remainder utilities (if any) will be the responsibility of the CONSULTANT to obtain. • CITY will coordinate public out-reach efforts. CONSULTANT will prepare support material. • Division 0 (Boiler Plate) and any Division 1 CITY requirements. City of Bremerton —6th Street Preservation Phase I Page 5 PHASE I SCOPE OF WORK PROJECT DESCRIPTION 6th Street Preservation Phase I (Callow to Naval Avenue) consists of asphalt pavement planning and overlay, pavement markings, evaluation of existing ADA ramps, radar vehicle detection systems, reconstruction of non-compliance ADA ramps within the limits of the project, utility adjustments, and other related street improvements. The length of this project is approximately 1,700 feet and there are 26 ADA ramps, with 16 having DWS. TASK NO. 1 - PROJECT MANAGEMENT 1.1 Preparation of Invoices, Progress Reports and Risk Registry CONSULTANT will prepare a monthly invoice, progress report, and Risk Registry to be submitted to the CITY. The progress report will describe the work represented in the invoice. CONSULTANT will compile the invoices, progress reports, and Risk Registry for the consultant team into a single document to be submitted to the CITY. 1.2 Team Management & QA/QC CONSULTANT will perform general coordination and be the main point of contact between the multidiscipline team members and the CITY. CONSULTANT will collect information from and disseminate information to the team. CONSULTANT will review and provide the team information in providing the CITY compliant documents. CONSULTANT will perform QA/QC review of the project at 100% design. 1.3 Meetings with Project Stakeholders CONSULTANT has set aside hours to perform support services to the CITY as needed. Work will be performed within the limits of this budget. Adjustment may be necessary in the event that the estimated hours are exceeded. Coordination with Transit and Utilities are performed under Plans, Specification, and Estimate task. 1.4 Design Milestone Meetings CONSULTANT will schedule meeting with the CITY to coordinate the design process. In- person meetings with the CONSULTANT's Project Manager will be held at the CITY's Public Works office and are estimated to be two hours each and will be at the following milestones: 1) Concept layout with ROW acquisition plan 2) Review of 60% design 3) Review of 90% design 4) Review of bid package City of Bremerton —6th Street Preservation Phase I Page 6 Phone coordination meetings are anticipated one time each month between CONSULTANT and the CITY's PM. Allocation of time is 6 hours total. Site coordination support meeting has a set aside of 8 hours total throughout the duration of the project. Assumption(s) • The overall project duration is estimated to be 12 months from Notice to Proceed. • CITY will be responsible for public outreach and will lead public and stakeholder involvement. • CONSULTANT will provide support for public involvement and stakeholder coordination. • CONSULTANT will lead coordination with Utilities and Kitsap transit. Deliverable(s): • Monthly progress reports, risk registry, and invoices • Meeting minutes • Documented briefs on meeting with stakeholders where support is provided TASK NO. 2 - DATA COLLECTION/SURVEY 2.1 DATA COLLECTION CONSULTANT will review existing data, document the major findings, determine what additional data is needed, and conduct a site visit to review existing conditions. In addition, CONSULTANT will complete the following activities: • Collect and review utility GIS information. • Coordinate with CITY and private utilities to ensure utility information is shown correctly within the plan set. • Collect existing record drawings within the project vicinity. • Maintenance records to include but not limited to icing and drainage problem areas along sidewalks, ground water/surface drainage problem areas, sink/pothole conditions. Assumption(s): 1. The existing conditions site visit will occur after survey has been collected. 2. CITY will provide information in electronic PDF format. Deliverable(s): 1. Tech memo summary of project existing condition site visit. City of Bremerton —6th Street Preservation Phase I Page 7 2.2 SURVEY CONSULTANT will collect surface topographical survey within the project vicinity per CITY standards at the time of contract execution. Survey will extend 50 feet beyond side street curb returns. CONSULTANT will collect Right-of-Way survey within the project vicinity. Monuments will be located and used to establish rights of way within the project limits. CONSULTANT will collect surface visual utility survey within the project limits Information on non-visual underground utilities will be collected by CONSULTANT using GIS information, record drawings, or other means. CONSULTANT will develop a Civil 3d basemap of the existing conditions per the CITY Standards and a 2017 Civil 3d existing condition Digital Terrain Model. CONSULTANT will performed two (2) coring to determine the existing pavement section to an approximate depth of 6 inches from the surface of the existing asphalt pavement. Topographical survey beyond the ROW limits will be collected to existing building faces or 20 feet beyond the ROW. Assumption(s) • Ground Based Lidar will be utilized by CONSULTANT for survey collection on private property within the corridor. • Civil 3D 2017 shall be the project's existing condition file format. • Mapping will conform to CITY standards (to be provided by the CITY within 1 week after NTP) and APWA standards. APWA will be used as default if CITY standards are not provided. • Survey of underground utilities will not be performed other than what can be surveyed from surface. • Trees will not be surveyed. • Survey Basemaps will be provided in: U.S. Survey Feet NAD 83(2011) horizontal and NAVD 88 vertical datum unless otherwise directed. • CONSULTANT will call one-call and pick-up utilities that are marked. No other service will be used to verify accuracy of the one-call service. • Topo survey beyond ROW limits will be limited to what can be measured via Lidar. scanner or physically measured from the ROW limits. • CITY to provide all GIS data for project area within one (1) week after NTP. • No property lines, easements, etc., will be calculated except what can be shown via GIS data from CITY. Deliverable(s): 1. Existing Conditions survey in Civil 3D 2017 Format in 2D and 3D with right-of-way limits. 2. Existing Surface DTM in Civil 3D 2017 Format. 3. Horizontal and Vertical Control Basemap Drawings. 4. 3D LiDAR Point Cloud in Recap format City of Bremerton —6th Street Preservation Phase I Page 8 TASK NO. 3 - RIGHT-OF-WAY Service under this task is not anticipated to be required under Phase I but is available under a supplement if determined needed. 3.1 TEMPORARY RIGHTS OF ENTRY The CONSULTANT will develop Temporary Rights of Entry exhibits to support the project. Assumption(s): 1. Identification of temporary construction access requirements by the project's future contractor based on the initial field visit and the City's approved concept layout plan. 2. Up to 4 Rights of Entry exhibits will be prepared by the CONSULTANT. Deliverable(s) 1. Project Right of Entry Exhibits for impacted property 3.2 ACQUISITION SERVICES The CONSULTANT will assist in identifying right-of-way needs and develop a Project Funding Estimate (PFE) and Administrative Offer Summaries (AOS) for all impacted properties within the project corridor. The PFE report will utilize consistent comparable sales and valuation techniques. The CONSULTANT will provide the PFE and AOSs to the CITY for their review and concurrence of the estimated amounts of just compensation of each Acquisition. CONSULTANT will assist the CITY in developing all right-of-way documents/offer letters in accordance with the CITY's right-of-way procedures manual for acquisition of impacted properties. CONSULTANT will draft the acquisition documents using CITY-approved forms or QC any forms that are created directly by CITY staff for pre-acquisition review, before any offers are made to property owners. CONSULTANT will review Prime-supplied title reports for affected parcel and provide Title Review Memos identifying all potential encumbrances to project team members. CONSULTANT will assist in clearing the necessary encumbrances prior to closing, if feasible. CONSULTANT will assist in facilitating in-house closing on low impact parcel or manage closing through escrow should those services become necessary. CONSULTANT agents will act in good faith at all times and never coerce owners in an attempt to settle the parcel. All negotiations will start with an in-person presentation of all offers when feasible. CONSULTANT will identify property owner issues, concerns, and differences early on and document that information in the individual parcel negotiation diary. CONSULTANT will work with CITY staff throughout the negotiation process with the property owner until settlement is reached and payment is made. CONSULTANT will assemble the project's final parcel files and draft the supporting certification memo and property interest's summary. CONSULTANT will maintain constant contact with the City of Bremerton —6th Street Preservation Phase I Page 9 local WSDOT LPA coordinator throughout the project, follow the WSDOT LAG manual and Uniform Act guidelines, and use the prescribed right-of-way documents with as little deviation as possible. Assumption(s): 1. Process will follow federal requirements for property acquisitions. 2. The CITY has WSDOT approved waiver of valuation up to $25,000 and all acquisitions are estimated to be less than $25,000. 3. Should any appraisals be required, CONSULTANT will make a recommendation with cost estimates for appraisal consultants to the Prime or the CITY. 4. Identification of access needed on private property will be performed based on the initial field visit and the CITY's approved concept layout plan. 5. The CITY will be required to provide concurrence and written approvals of the estimated amounts of just compensation determined in each AOS worksheet. 6. Four partial acquisitions are required for the traffic signal at 6th Street and Park Avenue 7. Additional partial acquisitions identified during the design will be performed under a contract supplement. 8. Refusal of private property owners to sign a right-of-entry or temporary construction easement shall result in a modification of the project's design to reduce limits of work near the right-of-way boundary. Deliverable(s) 1. Project Funding Estimate and Administrative Offer Summaries 2. Present Offers/Conduct Negotiations 3. Transmittal Packages a. Title Memos b. Offer Letter c. Payment Vouchers d. Escrow Instructions e. Conveyance Documents f. Diaries 4. Certification worksheets } City of Bremerton —6th Street Preservation Phase I Page 10 TASK NO. 4 - SUPPORT SERVICES 4.1 GEOTECHNICAL ENGINEERING Service under this task is not anticipated to be required under Phase I but is available under a supplement if determined needed. The CONSULTANT will evaluate geotechnical issues within the corridor as directed by the CITY and will be performed under a supplement to the original agreement. Assumption(s): 1. The soils within the project corridor are not contaminated. 2. The City will waive street use permits or provide them to the CONSULTANT. Deliverable(s): 1. Geotechnical Explorations Work Plan Memorandum 2. Draft and Final Geotechnical Engineering Reports 4.2 CULTURAL RESOURCE SERVICES Service under this task is not anticipated to be required under Phase I but is available under a supplement if determined needed. The CONSULTANT will prepare a cultural resources assessment for the project, including the following components: 1. Background research: The CONSULTANT will conduct a search on Washington Department of Archaeology and Historic Preservation's (DAHP) WISAARD system to identify recorded historic built environment, historic register listed properties, archaeological sites, cemeteries, and previously completed cultural resources assessment in proximity to the project location. The CONSULTANT will review of relevant correspondence between the project proponent, stakeholders, and DAHP. The CONSULTANT will review of pertinent environmental, archaeological, ethnographic, and historical information appropriate to the project location from a variety of available resources. The goal of background research is to provide contextual information regarding the natural environment and cultural use of the project location, identify recorded cultural resources, and determine the potential for as-yet unrecorded cultural resources to be encountered during proposed project actions. City of Bremerton —6th Street Preservation Phase I Page 11 2. Tribal contact: The CONSULTANT will contact the cultural resources staff of tribes that may have an interest in or information regarding the project location. This communication is intended to inform the cultural resources assessment and does not constitute government-to- government consultation. Copies of this correspondence and received responses will be included as an attachment in the cultural resources assessment 3. Field Identification: The CONSULTANT will conduct field investigations of the project location to identify archaeological and historical resources. Investigation will include pedestrian survey and subsurface excavation in amenable environments that have the potential to contain buried archaeological deposits. Methods will be consistent with DAHP guidelines. 4. Documentation of findings: The CONSULTANT will document and record identified archaeological and historic sites within the project location on DAHP archaeological and/or historic site(s) forms. All identified resources will be photo-documented and recorded in the field. Archaeological materials or deposits will be documented and reburied, if appropriate, within the find location. Cultural resources will be evaluated for significance following local, state, and/or national significance as appropriate based on the project's regulatory nexus. Documentation will be consistent with DAHP standards and will be completed on DAHP's WISAARD system. 5. Cultural resources assessment report: The CONSULTANT will prepare a technical memo describing background research, field methods, results of investigations, and management recommendations. The report will provide supporting documentation of findings, including maps and photographs, and will conform to DAHP reporting standards and the appropriate requirements based on the regulatory nexus. Report and support materials will be provided electronically in PDF format. An inadvertent discovery protocol and primary contacts will be provided as an attachment in the assessment. This task includes one round of consolidated comments from the client prior to the submission of the final report to DAHP. The CONSULTANT will assist the client in submitting the cultural resources assessment and any associated documentation to DAHP, via their WISAARD system. Assumption(s): 1. CITY will provide utility locator services, per Washington State Law (RCW 19.122), prior to field investigations. 2. No more than one (1) unrecorded archaeological site and seven (7) unrecorded historic sites will be identified within the project. It would be necessary to adjust the budget if additional sites are found. 3. No more than four(4) shovel test probes would be excavated. 4. No meetings with clients and/or stakeholders will be required. • City of Bremerton —6ch Street Preservation Phase I Page 12 5. CITY will coordinate any necessary Right of Entry. 6. If human remains are found within the project area, field investigations will cease immediately, proper authorities will be notified, and CONSULTANT will not resume cultural resources field investigations until applicable state laws are addressed. Deliverable(s): 1. Draft and final cultural resources assessment report provided electronically. 2. Draft and final archaeological site and/or historic property inventory forms provided electronically. TASK NO. 5 - PLANS, SPECIFICATION, AND ESTIMATE CONSULTANT will prepare a concept layout with anticipated ROW needs and then Civil Engineering design documents and cost estimates for the project at 60%, 90%, and Final design level. 5.1 INITIAL RIGHT OF WAY IDENTIFICATION CONSULTANT will prepare a survey pre-basemap concept layout of overlay limits, ADA ramps initial layouts, and traffic signal layout to identify anticipated right of way needs. Assumption(s): 1. Initial identification of anticipated right of way acquisitions areas will be identified during the CITY and CONSULTANT walkthrough. 2. Right-of-way locations will be based on available GIS, Assessor's map, or other documents within the CITY's records, such as plat or site plans drawings. Deliverable(s): 1. Draft and final project concept layout to include paving limits and initial ADA ramps. 2. Single page with approximate dimension for each anticipated right-of-way and temporary construction easement. 5.2 ROADWAY DESIGN 60% 1) Ramp Layout Provide alignment and limits of ADA ramps, identification of impacts outside of ROW, slopes and initial grading, identification of MEF document needed. 2) Pavement Delineation of paving limits, definition of asphalt plane area, identification of repair areas, and identification of pavement reinforcement areas. City of Bremerton —6th Street Preservation Phase I Page 13 3) Channelization Layout of centerlines and proposed channelization lines and crosswalks. 4) Signal vehicle detection Design of three (3) intersection radar detection system where detection loops existing within the overlay limits and relocation of push buttons as required to comply with ADA requirement where new ramps are to be installed. 5) Utility Coordination Identify impacted utilities, identification of utilities that will require adjustment and relocation, documentation of utility outreach efforts and utility agencies' response(s). 6) Cost Estimate Engineering cost estimate will be prepared based on per unit bid items and will include a 10% design contingency. 7) Draft Specifications 60% level specifications that will include special provisions and CITY provided contract boiler plate documents for Division 0 and Division 1 and Federal document placeholder required documents (this may be updated to the current Federal documents as required at 90%). 8) Submittal and Response 60% design plan set and cost estimate will be provided to the CITY for comments and CONSULTANT will provide a written response to the comments. Over the shoulder review with CITY and CONSULTANT will be performed at 60%. Deliverable(s): 1. 60% design plan set on 11x17 PDF format. 2. 60% engineering cost estimate 3. 60% specifications 4. Summary document of Utility coordination efforts 5.3 ROADWAY DESIGN 90% 1) Ramp Alignment Refine ADA ramp design with control detail for each new ramp, and update and provide final MEF. 2) Pavement Refinement of paving limits, asphalt plane area, repair areas, and pavement reinforcement. City of Bremerton —6th Street Preservation Phase I Page 14 3) Channelization Control channelization plan with details. 4) Signal vehicle detection Refine three (3) radar detection system where detection loops existing within the overlay limits and relocation of push buttons as required to comply with ADA requirement where new ramps are to be installed. 5) Utility Coordination Identification of utility adjustment providers, utility relocation identification, and support documentation on coordination efforts with utility agencies. 6) Construction Phasing Plans with Traffic Control Plan Prepare a construction phasing plan with traffic control to allow for traffic flow throughout construction. 7) Temporary Erosion Sedimentation Control Plan Prepare an erosion control plan to allow silt control during construction. 8) Cost Estimate Detailed cost estimate to include all anticipated bid items to include reference to WSDOT bid analysis table number and specification sections. Estimate will include a 10% design contingency. 9) Draft Specification Set 90% level specifications that will be updated to reflect updated information including current Federal document and prepared to comply with the Federal review requirements. 10)Submittal and Response 90% design plan set, 90% draft specification document, and 90% cost estimate (PS&E) will be provided to the CITY for comments and submittal to WSDOT for Federal compliance. CONSULTANT will provide a written response to the comments. Deliverable(s): 1. 90% design plan set on 11x17 PDF format. 2. 90% engineering cost estimate 3. 90% specifications 4. Summary document of Utility coordination efforts City of Bremerton —6th Street Preservation Phase I Page 15 5.4 FINAL PS&E PACKAGE 1) Roadway Design 100% Update plan set to reflect CITY and WSDOT 90% review comments. 2) Signal Detection 100% Update plan set, cost estimate and specifications to reflect CITY and WSDOT 90% comments. 3) Cost Estimate 100% Update cost estimate to reflect CITY and WSDOT 90% review comments. . 4) Specification Set 100% Specification will be prepared to reflect CITY 90% and WSDOT review 5) Submittal and Response 100% design PS&E package will be submitted for CITY and WSDOT final review and approval 6) Assemble and Submit Bid Ready Document Package Submit to the CITY a bid ready copy of the Plan Set, Specifications, and Cost Estimate. Deliverable(s): 1. 100% design plan set on 11x17 PDF format. 2. 100% signed design plan set on full size PDF format 3. 100% engineering cost estimate 4. 100% specifications 5. Final Design Document Bid Ready Package in PDF and native format (AutoCAD, MS Work, MS Excel) on thumb-drive. TASK NO. 6 - BID SUPPORT This service is not part of this scope of work and is available as a supplement. CONSULTANT will provide support services to the CITY including a response to questions, preparation for Request for Information (RFI), preparation of Addendums, bid reviews, reference checks, and preparation of a recommendation. City of Bremerton —6th Street Preservation Phase I Page 16 TASK NO. 7 - CONSTRUCTION MANAGEMENT This service is not part of this scope of work and is available as a supplement. CONSULTANT will provide support services to the CITY for construction management to include compliance documentation in compliance with Federal documentation requirements on an as-needed basis. Exhibit B DBE Participation Not required Agreement Number: Exhibit B-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Page 1 of 1 r 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 See Scope of Work in Exhibit A B. Roadway Design Files See Scope of Work in Exhibit A C. Computer Aided Drafting Files See Scope of Work in Exhibit A Agreement Number: Exhibit C-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Page 1 of 4 1 y D. Specify the Agency's Right to Review Product with the Consultant See Scope of Work in Exhibit A E. Specify the Electronic Deliverables to Be Provided to the Agency See Scope of Work in Exhibit A F. Specify What Agency Furnished Services and Information Is to Be Provided See Scope of Work in Exhibit A Agreement Number: Exhibit C-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Page 2 of 4 II. Any Other Electronic Files to Be Provided See Scope of Work in Exhibit A III. Methods to Electronically Exchange Data See Scope of Work in Exhibit A Exhibit C-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Page 3 of 4 • A. Agency Software Suite See Scope of Work in Exhibit A B. Electronic Messaging System See Scope of Work in Exhibit A C. File Transfers Format See Scope of Work in Exhibit A Exhibit C-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Page 4 of 4 Exhibit D Prime Consultant Cost Computations Included on the following page Agreement Number: Exhibit D-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Page 1 of 1 t Fee Proposal 6th Street Preservation Phase I KPFF Consulting Engineers(Prime) 5/7/2019 Rat L Mick M. Katie H. Clint M. Joel H. Taylor Ann M. Tan C Vanessa Reed Project Senior Senior Design Design Project Total Direct Salary Description Notes Principal Manager Engineer Ill Engineer II Engineer Engineer CAD Lead Coordinator Total Hours Cost Task 1 Project Management 1.1 Preparation of Invoices Progress Reports and Risk Registry 16 12 20 48 $ 6,14385 1.2 Team Management&QA/QC 2 10 10 22 $ 3,143.89 1.3 Meetngs with Pooled Stakeholder, 10 8 18 $ 2,547.87 1.4 Design Milestone Meetings 4 4 8 $ 1,11075 Task 2 Data Collection/Survey 21 Data Collector 0 5 22 Survey 0 0 - Task 3 Rightof-Way 11 Temporary Rights of Entry 0 $ 3,2 Acquisition Services 0 0 - Task 4 Support Services 4.1 Geotechnical Engineering 0 1 4.2 Cultural Resource Services 0 E Task 5 Plans,Specifications,and Estimate 5.1 Initial Right of Way Identification 1 10 8 19 E 2,171 69 5.2 Roadway Design 60% 52.1 Ramp Layout 2 B 20 16 46 $ 4 488.15 522 Pavement 4 6 12 14 36 $ 3,762.17 5.23 Channelization 4 6 8 20 $ 1,929.01 5.2.4 Signal vehicle detecbm 0 5.2.5 Utility Coorddnaton 2 10 8 20 $ 2,078.83 5.2.6 Cost Estimate 2 B 6 18 $ 1849.84 5.2.7 Draft Specifications 12 12 1,958.28 52.8 Submittal and Response 4 4 2 10 $8 1,32653 5.3 Roadway Design 90% 5.3.1 Ramp Akgnment 9 32 20 60 $ 5,504.77 5.3.2 Pavement 4 4 20 12 40 $ 3,924.78 53.3 Channdizabon 4 8 10 22 $ 2,144.90 5.3.4 Signal vehicle detection 0 5.3.5 Usliy Coordination 2 12 4 18 $ 2,004.08 5.3.6 Construction Phasing Plans with Traffic ConSul Plan 1 8 1 12 29 $ 2,98196 5.3.7 Temporary Erasion Sedimentation Control Plan 2 8 4 14 $ 1,268.25 5.3.8 Cost Estimate 1 6 12 19 $ 176140 5.3.9 Draft Specifications Set 8 12 20 $ 2,679.48 5.3.10 Submittal and Response 3 4 2 9 $ 1,163.44 5.4 Foal PS&E Package 5.4.1 Roadway Design 100% 2 9 B 16 34 $ 3,576.92 5.4.2 Signal Vehicle Detection 100% 0 5.4.3 Cost Estimate 100% 1 6 4 11 $ 1,153.91 5.44 Specification Set 100% 8 4 4 16 5 2,195.28 5.45 Submittal and Response 2 2 6 4 14 $ 1,812.15 5.4.6 Assemble and Submit Bid Ready Document Package 4 B 4 16 $ 2,000.50 Total Hours per person 4 103 0 176 0 160 120 36 599 $ 66,682.78 Fully Loaded Rates $ 183.51 8 163.19 $ 153.98 8 114.50 5 97.20 $ 75.94 $ 10754 $ 107.94 Sub-Totals Total Fee $ 734.04 $ 16,808.59 $ - $ 28151.36 $ - $ 12,149.77 $ 12,95109 $ 3,885.93 $ 86,68278 Hourly Rate $ 69.72 8 62.00 $ 58.50 5 4150 $ 36.93 8 28.85 8 41.01 8 41.01 Ovrfiad Rate 133% $ 9287 $ 8259 8 77.93 $ 57.95 8 49.19 8 38.43 8 54.63 5 54.63 Profit 30% $ 20.92 8 18.08 8 17.55 $ 1105 5 11.08 $ 866 $ 1230 $ 1230 Full Loaded Rate $ 18151 $ 163.19 $ 15198 $ 114.50 $ 97.20 8 75.94 5 107.94 5 107.94 REIMBURSABLES kern Quantity Unit Unit Cost Suh-Totals Totals Vehicle and Ferry Reimbursables 1 LS E 300.00 $ 300.00 8 300.00 Reproduction Costs 1 LS S 150.006 150.00 $ 150.00 Miscellaneous Minor Reimbursables 0 LS 1 20000 $ - $ - $ - 5 - S - 5 - $ - S - S 5 - Total $ 450.00 IKPFF Consulting Engineers(Prime)Total Project Costs I I$ 67,133 Page 2 ot7 Fee Proposal 6th Street Preservation Phase I KPFF Consulting Engineers and Subconsultants 5/2412019 KPFF Concord Lin& HWA Cultural Civil RES Group NW Total Cost Description ( ) Engineering Associates GeoSciences Resources Task 1 Project Management $ 12,946.35 $ • $ - $ • $ - $ • $ 12,946.35 1.1 Preparation of Invoices,Progress Reports and Risk Registry $ 6,143.85 $ - S - $ - $ - S - $ 6,143.85 1.2 Team Management&QA/QC $ 3,143.89 $ - $ - $ - $ - S - $ 3,143.89 1.3 Meetings with Project Stakeholders $ 2,547.87 $ - $ - $ - $ - $ - $ 2,547.87 1.4 Design Milestone Meetings $ 1,110.75 $ - $ - S - S - $ - $ 1,110.75 Task 2 Data CollectiontSurvey $ . $ • $ 16,627.56 $ • $ - $ - $ 16,627.56 2.1 Data Collection $ - S - $ - $ - $ - $ - S - 2.2 Survey $ - S - S 16.627.56 S - S - $ - $ 16,627.56 Task 3 Right•of•Way $ - $ - $ , $ • $ • $ $ • 3.1 Temporary Rights of Entry $ - S - $ - $ - $ - $ - 5 - 3.2 Acquisition Services $ - S - $ - S - S - $ - S - Task 4 Support Services $ . $ - $ - $ • $ • $ $ • 4.1 Geotechnical Engineenng $ - S - $ - $ - $ - $ - S 4.2 Cultural Resource Services S - S - $ - S - $ - $ - S - Task 5 Plans,Specifications,and Estimate $ 53,736.43 $ 29,618.44 $ • $ . $ • $ • $ 83,354.86 5.1 Initial Right of Way Identification $ 2,171.69 $ - $ - $ - $ - $ - $ 2171 69 5.2 Roadway Design 60% $ 17,392.92 $ 10,862.89 $ - $ - S - S - $ 28,255.81 5.2.1 Ramp Layout $ 4,488.15 $ - $ - S - S - 5 - $ 4,488.15 5.2.2 Pavement $ 3,762.17 $ - $ - S - S - S - $ 3,762.17 5.2.3 Channelization $ 1,929.01 $ - $ - $ - S - 5 - $ 1,929.01 5.2.4 Signal vehicle detection $ - $ 10,862.89 $ - $ - $ - $ - $ 10,862.89 5.2.5 Utility Coordination $ 2,078.83 $ - $ - $ - $ - $ - $ 2,078.83 5.2.6 Cost Estimate $ 1,849.84 $ - $ - S - S - $ - $ 1,849.84 5.2.7 Draft Specifications $ 1,958.28 $ - $ - S - S - S - $ 1,958.28 5.2.8 Submittal and Response $ 1,326.63 $ - $ - $ - $ - S - $ 1,326.63 5.3 Roadway Design 90% $ 23,433.06 $ 9,246.45 $ - $ - S - S - $ 32,679.51 5.3.1 Ramp Alignment $ 5,504.77 $ - $ - S - $ - $ - $ 5,504.77 5.3.2 Pavement $ 3,924.78 $ - $ - S - S - 5 $ 3,924.78 5.3.3 Channelization $ 2,144.90 $ - $ - S - S - 5 - $ 2,144.90 5.3.4 Signal vehicle detection $ - $ 9,246.45 $ - $ - $ - S - $ 9,246.45 5.3.5 Utility Coordination $ 2,004.08 $ - $ - S - $ - $ $ 2,004.08 5.3.6 Construction Phasing Plans with Traffic Control Plan $ 2,981,96 $ - $ S - S - $ - $ 2,981.96 5.3.7 Temporary Erosion Sedimentation Control Plan $ 1,268.25 $ - $ - S - S - $ - $ 1,268.25 5.3.8 Cost Estimate $ 1,761.40 $ - $ - S - $ - S - $ 1,761.40 5.3.9 Draft Specifications Set $ 2,679.48 $ - $ - $ - $ - S - $ 2,679.48 5.3.10 Submittal and Response $ 1,163.44 $ - $ - S - S - $ - $ 1,163.44 5.4 Final PS&E Package $ 10,738.76 $ 9,509.09 $ - S - $ - S - $ 20,247.85 5.4.1 Roadway Design 100% $ 3,576.92 $ • $ - S - S - S - $ 3,576.92 5.4.2 Signal Vehicle Detection 100% $ - $ 9,509.09 $ - $ - $ - S - $ 9,509.09 5.4.3 Cost Estimate 100% $ 1,153.91 $ - $ - S - $ - $ - $ 1,153.91 5.4.4 Specification Set 100% $ 2,195.28 $ - $ - S - S - $ $ 2195 28 5.4.5 Submittal and Response $ 1,812.15 $ - $ - S - S $ $ 1,812.15 5.4.6 Assemble and Submit Bid Ready Document Package $ 2,000.50 $ - $ - $ - $ - S - $ 2,000.50 Total Labor Cost by Firm $ 66,682.78 $ 29,618.44 $ 16,627.56 $ - $ - $ - $ 112,928.77 (Reimbursable Costs by Firm )$ 450.00)$ 225.00 15 1,980.00)5 - I$ - I S - )$ 2,655.001 'Subtotal' I$ 67,132.78 I$ 29,843.44 I$ 18.607.56 18 • I$ - I$ - I S 115,583.771 (Management Reserve @ 8%* I I I I I I l5 9,246.701 ('To be used only with City approval) (Total Estimated Budget I I I I I I J s 124,830.481 Page I of 7 Exhibit E Sub-consultant Cost Computations There isn't any sub-consultant participation at this time. The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. Refer to section VI "Sub-Contracting" of this AGREEMENT. Included on the following pages (2) Agreement Number: Exhibit E-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Page 1 of 1 Exhibit B-2 Estimate of Costs by Task Staff Member(KPFF Civil) Fee Proposal 6th Street Preservation Phase I Includes Radar vehicle detection at Montgomery,Callow,and Naval Avenue Concord Engineering 5/24/2019 Valerie Lee Syed Rahman Cherie Chen Kevin Nguen Jody Guilliantt (Senior (Senior (Associate (Assistant (Project Total Direct Salary Description Notes Engineer•DC) Engineer) Engineer) Engineer) Coordinator) Total Hours Cost Task 1 Project Management 1.1 Preparation of Invoices,Progress Reports and Risk Registry 0 $ 1.2 Team Management&QA/QC 0 $ 1.3 Meetings with Project Stakeholders 0 $ 1.4 Design Milestone Meetings 0 $ Task 2 Data Collection/Survey 2.1 Data Collection 0 $ 2.2 Survey 0 $ - Task 3 Right-of-Way 3.1 Temporary Rights of Entry 0 $ 3.2 Acquisition Services 0 $ Task 4 Support Services 4.1 Geotechnical Engineering 0 $ 4.2 Cultural Resource Services 0 $ Task 5 Plans,Specifications,and Estimate 5.1 Initial Right of Way Identification 0 $ 5.2 Roadway Design 60% 5.2.1 Ramp Layout 0 $ 5.2.2 Pavement 0 $ 5.2.3 Channelization 0 $ 5.2.4 Signal vehide detection 7 24 24 324 91 $ 10 862.89 5.2.5 Utility Coordination 0 $ 5.2.6 Cost Estimate 0 $ 5.2.7 Draft Specifications 0 $ 5.2.8 Submittal and Response 0 $ 5.3 Roadway Design 90% 5.3.1 Ramp Alignment 0 $ 5.3.2 Pavement 0 $ 5.3.3 Channelization 0 $ 5.3.4 Signal vehide detection 8 20 20 24 3 75 $ 9,246.45 5.3.5 Utility Coordination 0 $ 5.3.6 Construction Phasing Plans with Traffic Control Plan 0 $ - 5.3.7 Temporary Erosion Sedimentation Control Plan 0 $ 5.3.8 Cost Estimate 0 $ 5.3.9 Draft Specifications Set 0 $ 5.3.10 Submittal and Response 0 $ 5.4 Final PS&E Package - 5.4.1 Roadway Design 100% 0 $ 5.4.2 Signal Vehicle Detection 100% 8 24 16 22 6 76 $ 9,509.09 5.4.3 Cost Estimate 100% 0 $ 5.4.4 Specification Set 100% 0 $ 5.4.5 Submittal and Response 0 $ 5.4.6 Assemble and Submit Bid Ready Document Package 0 $ Total Hours per person 23 68 60 78 13 242 $ 29,618.44 Fully Loaded Rates $ 216.61 $ 157.04 $ 94.77 $ 94.77 $ 67.69 Sub-Totals Total Fee $ 4,981.98 $ 10,678.77 $ 5,685.96 $ 7,391.75 $ 879.97 $ 29,518.44 I Hourly Rate $ 80.00 $ 58.00 $ 35.00 $ 35.00 $ 25.00 Overhead Rate 140.76% $ 112.61 8 81.64 $ 49.27 $ 49.27 $ 35.19 Profit 30% $ 24.00 $ 17.40 $ 10.50 $ 10.50 $ 7.50 Full Loaded Rate $ 216.61 $ 157.04 $ 94.77 S 94.77 $ 67.69 REIMBURSABLES Item Quantity Unit Unit Cost Sub-Totals Totals Travel(Zipcar,Uber,Car2Go,Mileage,Ferry,Parking) 1 1 $ 150.00 $ 150.00 $ 150.00 Printing and Production 1 1 $ 75.00 $ 75.00 $ 75.00 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Total S 225.00 Concord Engineering Total Project Costs I$ 29,843 Page 3 of 7 a Exhibit B-2 e Estimate of Costs by Task Staff Member(KPFF Civil) Fee Proposal 6th Street Preservation Phase I Un&Associates 5/7/2019 Darryn Hannah Total Direct Salary Description Notes Earl Bone Jim Albert MacDougall Colin Sweeny Dan Erwin Jordan Guild Frederickson Total Hours Cost Task 1 Project Management 1.1 Preparation of Invoices,Progress Reports and Risk Registry 0 $ 1.2 Team Management DA/00 1.3 Meetings with Project Stakeholders 0 $ 1.4 Design Milestone Meetings 0 $ - 0 $ Task 2 Data Collection/Survey 2.1 Data Collection 0 $ - 2.2 Survey 3 16 42 32 48 48 5 194 $ 16,627.56 Task 3 Right-of-Way 3.1 Temporary Rights of Entry 3.2 Acquisition Services 0 $ - 0 $ - Task 4 Support Services 4.1 Geotechnical Engineering 4.2 Cultural Resource Services 0 $ 0 $ Task 5 Plane,Specifications,and Estimate 5.1 Initial Right of Way Identification 5.2 Roadway Design 50% - 0 $ 5.2.1 Ramp Layout 5.2.2 Pavement 0 $ - 5.2.3 Channelizatian . 0 $ - 5.2.4 Signal vehicle detection 0 $ - 5.2.5 Utility Coordinator 0 $ - 5.2.6 Cost Estimate 0 $ - 527 Draft Specifications 0 $ - 5.2.8 Submittal and Response 0 $ - 5.3 Roadway Design 90% 0 $ - 5.3.1 Ramp Alignment 5.3.2 Pavement 0 $ 5.3.3 Channelization 0 $ - 5.3.4 Signal vehicle detector 0 $ - 5.3.5 UOlity Coordination 0 $ - 53.6 Construction Phasing Plans with Traffic Control Plan 0 $ 5.3.7 Temporary Erosion Sedimentation Control Plan 0 $ 5.3.8 Cost Estimate 0 $ 5.3.9 Draft Specifications Set 0 $ - 53.10 Submittal and Response 0 $ - 5.4 Final PS&E Package 0 $ - 5.4.1 Roadway Design 100% 5.4.2 Signal Vehicle Detection 100% 0 $ - 5.4.3 Cost Estimate 100% 0 $ - 5.4.4 Specification Set 100% 0 $ - 5.4.5 Submittaland Response 0 $ - 5.4.6 Assemble and Submit Bid Ready Document Package 0 $ - 0 $ - Total Hours per person 3 16 42 32 48 48 5 194 $ 16,627.56 Fully Loaded Rates $ 159.91 $ 141.25 $ 98.61 $ 77.29 $ 82.62 $ 58.63 $ 98.61 Sub-Totals Total Fee 5 479.72 $ 1260.00 $ 4,141.57 $ 2,473.21 $ 3,965.67 $ 2,814.35 $ 493.04 $ 16,627.56 Hourly Rate $ 60.00 $ 53.00 $ 97.00 $ 29.00 $ 31.00 $ 22.00 $ 37.00 Overhead Rate 141.51% $ 84.91 $ 75.00 $ 52.36 $ 41.04 $ 43.87 $ 31.13 $ 52.36 Profit 25% $ 15.00 $ 13.25 $ 9.25 $ 7.25 $ 7.75 $ 5.50 $ 9.25 Full Loaded Rate $ 159.91 $ 141.25 $ 9&61 $ 77.29 $ 82.62 $ 58.63 $ 98.61 REIMBURSABLES two Quantity Unit Unit Cost Sub-Totals Totals Vehicle Usage 7 Per Day $ 50.00 $ 350.00 $ 350.00 Copes 10 Per Sheet $ 1.00 $ 10.00 $ 10.00 3D Scanner3 Per Day $ 300.00 $ 900.00 $ 900.00 APS Coring 4 Per Hour $ 165.00 $ 660.00 $ 660.00 Passenger Ferry Ride 6 Per Day $ 10.00 $ 60.00 $ 60.00 $ - $ - 8 - $ - Total $ 1,980.00 Lin&Associates Total Project Costs 1$ 18,608 Page 4 of 7 Exhibit F Title VI Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the"REGULATIONS"), which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non-discrimination: The CONSULTANT, with regard to the work performed during this AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub-consultants, including procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when this AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. 3. Solicitations for Sub-consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub-contract, including procurement of materials or leases of equipment, each potential sub- consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT's obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the AGENCY, the STATE, or the Federal Highway Administration (FHWA)to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, the STATE, or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non-compliance: In the event of the CONSULTANT's non-compliance with the non- discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE, or the FHWA may determine to be appropriate, including, but not limited to: • Withholding of payments to the CONSULTANT under this AGREEMENT until the CONSULTANT complies, and/or; • Cancellation, termination, or suspension of this AGREEMENT, in whole or in part. 6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1)through (5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub-consultant or procurement as the STATE, the AGENCY, or FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub-consultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY enter into such litigation to protect the interests of the STATE and/or the AGENCY and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. Agreement Number: Exhibit F-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Page 1 of 1 Chapter 28 Title VI Program Appendix 28.77 Title VI Compliance Review Questionnaire for Local Agencies APPENDIX E During the performance of this contract,the contractor,for itself,its assignees,and successors in interest (hereinafter referred to as the"contractor")agrees to comply with the following non-discrimination statutes and authorities;including but not limited to: Pertinent Non-Discrimination Authorities: t' • Title VI of the Civil Rights Act of 1964(42 U.S.C.§2000d et seq.,78 stat.252),(prohibits discrimination on the basis of race,color,national origin);and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,(42 U.S.C.§ I 4601),(prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973,(23 U.S.C.§324 et seq.),(prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973,(29 U.S.C.§794 et seq.),as amended,(prohibits discrimination on the basis of disability);and 49 CFR Part 27; • The Age Discrimination Act of 1975,as amended,(42 U.S.C.§6101 et seq.),(prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982,(49 USC§471,Section 47123),as amended,(prohibits discrimination based on race,creed,color,national origin,or sex); • The Civil Rights Restoration Act of 1987,(PL 100-209),(Broadened the scope,coverage and applicability of Title VI of the Civil Rights Act of 1964,The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973,by expanding the definition of the terms"programs or activities"to include all of the programs or activities of the Federal-aid recipients,sub-recipients and contractors,whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act,which prohibit discrimination on the basis of disability in the operation of public entities,public and private transportation systems,places of public accommodation,and certain testing entities(42 U.S.C.§§12131—12189)as implemented by Department of Transportation regulations at 49 C.F.R.parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute(49 U.S.C.§47123)(prohibits discrimination on the basis of race,color,national origin,and sex); • Executive Order 12898,Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations,which ensures discrimination against minority populations by discouraging r' programs,policies,and activities with disproportionately high and adverse human health or , environmental effects on minority and low-income populations; • Executive Order 13166,Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance,national origin discrimination includes discrimination because of limited English proficiency(LEP). To ensure compliance with Title VI,you must take reasonable steps to •ensure that LEP persons have meaningful access to your programs(70 Fed.Reg.at 74087 to 74100); • Title IX of the Education Amendments of 1972,as amended,which prohibits you from discriminating because of sex in education programs or activities(20 U.S.C. 1681 et seq). E I WSDOT Local Agency Guidelines M 36-63.29 Page 28-73 October 2015 Title VI Program Chapter 28 Title VI Compliance Review Questionnaire for Local Agencies Appendix 28.77 Page 28-74 WSDOT Local Agency Guidelines M 36-63.29 October 2015 Exhibit G Certification Documents Exhibit G-1(a) Certification of Consultant Exhibit G-1(b) Certification of C,1 TY �( 13iv\e;6LTOh) 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 Exhibit G-4 Certificate of Current Cost or Pricing Data Agreement Number: Exhibit G-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Page 1 of 1 Exhibit G-1(a) Certification of Consultant I hereby certify that I am the and duly authorized representative of the firm of KPFF Consulting Engineers whose address is 1601 Fifth Avenue, Suite 1600, Seattle,WA 98101 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. KPFF Consulting Engineers Consultant(Firm Name) 41 II° 1.1:40 I b 3-7 / Signature(Authorized Official of Consultant) Date Agreement Number: Exhibit G-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Page 1 of 1 Exhibit G-1(b) Certification of I hereby certify that I am the: MAN!b� 0 Other of the C(-1 y of �d2GM F/1.�►'� , and k 6 SU LTAb-S6 or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: a) Employ or retain, or agree to employ to retain, any firm or person; or b) Pay,or agree to pay,to any firm,person,or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated(if any): I acknowledge that this certificate is to be furnished to the 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. S 30 Zo 19 Signature Date Agreement Number: Exhibit G-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Page 1 of 1 Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions I. The prospective primary participant certifies to the best of its knowledge and belief,that it and its principals: A. Are not presently debarred, suspended,proposed for debarment,declared ineligible,or voluntarily excluded from covered transactions by any Federal department or agency; B. Have not within a three(3)year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public(Federal, State, or local)transaction or contract under a public transaction; violation of Federal or State anti-trust statues or commission of embezzlement, theft, forgery, bribery,falsification or destruction of records, making false statements,or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local)with commission of any of the offenses enumerated in paragraph(1)(b) of this certification; and D. Have not within a three(3)year period preceding this application/proposal had one or more public transactions (Federal, State and local)terminated for cause or default. II. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. KPFF Consultant Engineers Consultant(Firm Name) 5/ 7( Signa ure onzed Official of Consultant) Date Agreement Number: Exhibit G-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Page 1 of 1 , i 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 $10,000.00,and not more than $100,000.00, for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier sub-contracts,which exceed$100,000, and that all such sub-recipients shall certify and disclose accordingly. KPFF Consultant Engineers Consultant(Firm Name) f /� 5-7`-1 ( 4D Signature(Authorized Official of Consultant) Date Agreement Number: Exhibit G-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Page 1 of 1 , b 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 6th Street Preservation Project Phase I * are accurate, complete, and current as of 6th May 2019 **. 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: KPFF Consulting Engineers / r ..; .41.111011" OF i g/NC—f CZ( Sig . ure S-”"-- Title -------- Date of Execution***: *Identify the proposal,quotation,request for pricing adjustment,or other submission involved,giving the appropriate identifying number(e.g.project title.) **Insert the day,month,and year,when price negotiations were concluded and price AGREEMENT was reached. ***Insert the day,month,and year,of signing,which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. Agreement Number: Exhibit G-Local Agency AME Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Page 1 of 1 • i 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 XII, Legal Relations and Insurance of this Agreement is amended to $ J 6 c,N . The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the amount of$ lJ b CAA 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: $ N • 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: Exhibit H-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Page 1 of 1 i r / } Exhibit I Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1 Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs, records of labor, materials and equipment. Step 3 Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manager and any personnel (including sub-consultants) deemed appropriate for the alleged design error(s) issue. Step 4 Attempt to Resolve Alleged Design Error with Consultant After the meeting(s)with the consultant have been completed regarding the consultant's alleged design error(s), there are three possible scenarios: • It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. • It is determined via mutual agreement that a consultant design error(s)occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place. The agency is to provide LP, through the Region Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements.No further action is required. • There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. Agreement Number: Exhibit I-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Page 1 of 2 1 • 1 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: Exhibit I-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Page 2 of 2 • 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 perform additional services that were outside of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1, the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT 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: Exhibit J-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Page 1 of 2 Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • Agency's summation of hours by classification for each firm that should be included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; • Explanation regarding those areas in which the Agency does/does not agree with the consultant's claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s); and • Recommendations to resolve the claim. Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of 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: Exhibit J-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Page 2 of 2 • Client#:25326 KPFFINCO ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 5/29/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Ka Greyling Ins. Brokerage/EPIC PHONE le 52 5 . FAX (A/C,No,Ext):770.552.4224225 (A/C,No); 866.550.4082 3780 Mansell Road,Suite 370 E-MAIL Katie.Kresner re lin com Alpharetta, GA 30022 ADDRESS: @9 Y 9• INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:National Union Fire Ins.Co. 19445 INSURED INSURER B:The Continental Insurance Company 35289 KPFF, Inc. INSURER c:New Hampshire Ins.Co. 23841 1601 5th Ave of London INSURER D:Lloyds Suite 1600 Seattle,WA 98101 0 J'- 1U- 1 G, INSURER E 4 / ( INSURER F: COVERAGES CERTIFICATE NUMBER: 19-20 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS 2 A X COMMERCIAL GENERAL LIABILITY v/ 5268336 04/01/2019 04/01/2020 EACH OCCURRENCE $1,000,000 .V �Y CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $500,000 r 2 MED EXP(Any one person) $25,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 V PRO- POLICY X ECT LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: A AUTOMOBILE LIABILITY 9775930 04/01/2019 04/01/2020 Ea aBecideDtSINGLE LIMIT $1,000,000 t/ X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ B X UMBRELLA LIAB X OCCUR 6050399824 04/01/2019 04/01/2020 EACH OCCURRENCE $10,000,000'" X EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED X RETENTION$0 $ C WORKERS COMPENSATION 022298245 AOS PER OTH- AND EMPLOYERS'LIABILITY 022298245(AOS) 04/01/2019 04/01/2020 X STATUTE ER Y/N A ANY PROPRIETOR/PARTNER/EXECUTIVE022298244(CA) 04/01/2019 04/01/2020 E.L.EACH ACCIDENT $1 000,000 OFFICER/MEMBER EXCLUDED? N N/A r (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,p00 D Professional/ B0146LDUSA1804384 10/10/2018 10/10/2019 Per Claim$10,000,000 Vam Pollution Liab V Aggregate$10,000,000 SIR$250,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re: 6th Street Preservation Project. The STATE and the AGENCY,their officers,employees and agents are named as Additional Insureds on the above referenced liability policies with the exception of workers compensation&professional liability where required by written contract. The above referenced liability policies with the exception of workers compensation and professional (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City of Bremerton SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE '\� THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 345 6th Street,Suite 100 ACCORDANCE WITH THE POLICY PROVISIONS. Bremerton,WA 98337 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S1603241/M1488491 KKRE 1 DESCRIPTIONS (Continued from Page 1) liability are primary& non-contributory where required by written contract. Waiver of Subrogation is applicable where required by written contract&allowed by law. SAGITTA 25.3(2016/03) 2 of 2 #S1603241/M1488491 ENDORSEMENT This endorsement, effective 12:01 A.M.04/01/2019 forms a part of Policy No.9775930 issued to KPFF, Inc. by National Union Fire Insurance Company of Pittsburgh, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE ADDITIONAL INSURED: ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE CONTRACTUALLY BOUND TO PROVIDE ADDITIONAL INSURED STATUS BUT ONLY TO THE EXTENT OF SUCH PERSON OR ORGANIZATIONS LIABILITY ARISING OUT OF THE USE OF A COVERED AUTO. I. SECTION II - COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 1. - Who Is Insured, is amended to add: d. Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered "auto". However, the insurance provided will not exceed the lesser of: (1) The coverage and/or limits of this policy, or (2) The coverage and/or limits required by said contract or agreement. AUTHORIZED REPRESENTATIVE 87950 (9/14) ENDORSEMENT This endorsement, effective 12:01 A.M.04/01/2019 forms a part of policy No.977593° issued to KPFF, Inc. by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INSURANCE PRIMARY AS TO CERTAIN ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section IV - Business Auto Conditions, B., General Conditions, 5., Other Insurance, c., is amended by the addition of the following sentence: The insurance afforded under this policy to an additional insured will apply as primary insurance for such additional insured where so required under an agreement executed prior to the date of accident. We will not ask any insurer that has issued other insurance to such additional insured to contribute to the settlement of loss arising out of such accident. All other terms and conditions remain unchanged. Authorized Representative or Countersignature tin States Where Applicable) 74445 (10/99) ENDORSEMENT This endorsement, effective 12:01 A.M.04/01/2019 forms a part of policy No.9775930 issued to KPFF,Inc. by National Union Fire Insurance Company of Pittsburgh, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section IV-Business Auto Conditions, A.-Loss Conditions, 5. -Transfer of Rights of Recovery Against Others to Us, is amended to add: However,we will waive any right of recover we have against any person or organization with whom you have entered into a contract or agreement because of payments we make under this Coverage Form arising out of an "accident"or"loss" if: (1) The"accident"or"loss" is due to operations undertaken in accordance with the contract existing between you and such person or organization; and (2) The contract or agreement was entered into prior to any"accident"or"loss". No waiver of the right of recovery will directly or indirectly apply to your employees or employees of the person or organization, and we reserve our rights or lien to be reimbursed from any recovery funds obtained by any injured employee. Authorized Representative or Countersignature (in States Where Applicable) 62897 (6/95) POLICY NUMBER:5268336 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Any person or organization whom you become Per the contract or agreement. obligated to include as an additional insured as a result of any contract or agreement you have entered into. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to or "property damage" occurring after: include as an additional insured the person(s) or 1. All work, including materials, parts or organization(s) shown in the Schedule, but only equipment furnished in connection with such with respect to liability for "bodily injury", work, on the project (other than service, "property damage" or "personal and advertising maintenance or repairs) to be performed by injury" caused, in whole or in part, by: or on behalf of the additional insured(s) at 1. Your acts or omissions; or the location of the covered operations has been completed; or 2. The acts or omissions of those acting on your behalf; 2. That portion of "your work" out of which the injury or damage arises has been put to in the performance of your ongoing operations its intended use by any person or for the additional insured(s) at the location(s) organization other than another contractor or designated above. subcontractor engaged in performing However: operations for a principal as a part of the 1. The insurance afforded to such additional same project. insured only applies to the extent permitted C. With respect to the insurance afforded to these by law; and additional insureds, the following is added to 2. If coverage provided to the additional Section III Limits Of Insurance: insured is required by a contract or If coverage provided to the additional insured is agreement, the insurance afforded to such required by a contract or agreement, the most additional insured will not be broader than we will pay on behalf of the additional insured that which you are required by the contract is the amount of insurance: or agreement to provide for such additional 1. Required by the contract or agreement; or insured. 2. Available under the applicable Limits of B. With respect to the insurance afforded to these Insurance shown in the Declarations; additional insureds, the following additional exclusions a PP y:I whichever is less. This insurance does not apply to "bodily injury" This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 0 CG 20 10 04 13 0 Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: 5268336 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR V. CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any person or organization whom you Per the contract or agreement. become obligated to include as an additional insured as a result of any contract or agreement you have entered into. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to 2. If coverage provided to the additional insured is include as an additional insured the person(s) or required by a contract or agreement, the organization(s) shown in the Schedule, but only insurance afforded to such additional insured will with respect to liability for "bodily injury" or not be broader than that which you are required "property damage" caused, in whole or in part, by by the contract or agreement to provide for such "your work" at the location designated and additional insured. described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and CG 20 37 04 13 0 Insurance Services Office, Inc., 2012 Page 1 of 2 B. With respect to the insurance afforded to these additional insureds, the following is added to Section III—Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 ©ISO Properties, Inc., 2004 CG 20 37 04 13 O POLICY NUMBER: 5268336 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance policy provided that: Condition and supersedes any provision to the (1)The additional insured is a Named Insured contrary: under such other insurance; and Primary And Noncontributory Insurance (2) You have agreed in writing in a contract This insurance is primary to and will not or agreement that this insurance would seek contribution from any other insurance be primary and would not seek contribu available to an additional insured under your tion from any other insurance available to the additional insured. CG 20 01 04 13 C, Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: 5268336 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Pursuant to applicable written contract or agreement you enter into Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV— Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 ©Insurance Services Office, Inc., 2008 Page 1 of 1 ❑ ENDORSEMENT WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 04/01/2019 forms a part of Policy No.022298245(Aos) Issued to KPFF, Inc. By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION TO WHOM YOU BECOME OBLIGATED TO WAIVE YOUR RIGHTS OF RECOVERY AGAINST, UNDER ANY WRITTEN CONTRACT OR AGREEMENT YOU ENTER INTO PRIOR TO THE OCCURRENCE OF LOSS _ This form is not applicable in California, Kentucky, New Hampshire, New Jersey, North Dakota, Ohio, Tennessee,Texas, Utah, or Washington. WC 00 03 13 (4/84) Countersigned by Authorized Representative INSR ADDL SUBR LTR INSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS AUTOS ONLY HIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE National Union Fire Ins. Co. The Continental Insurance Company New Hampshire Ins. Co. Allied World Surplus Lines Ins 3/23/2021 Greyling Ins. Brokerage/EPIC 3780 Mansell Road, Suite 370 Alpharetta, GA 30022 Katie Kresner 770.220.7695 866.550.4082 Katie.Kresner@greyling.com KPFF, Inc. 1601 5th Ave Suite 1600 Seattle, WA 98101 19445 35289 23841 24319 21-22 A X X X GL5268336 04/01/2021 04/01/2022 1,000,000 500,000 25,000 1,000,000 2,000,000 2,000,000 A X X X CA9775930 04/01/2021 04/01/2022 2,000,000 B X X X X 0 6050399824 04/01/2021 04/01/2022 10,000,000 10,000,000 C C N WC022298245(AOS) WC022298244(CA) 04/01/2021 04/01/2022 X 1,000,000 1,000,000 1,000,000 D Professional/ Pollution Liability 03120067 10/10/2020 10/10/2021 Per Claim $10,000,000 Aggregate $10,000,000 SIR: $250,000 Re: 6th Street Preservation Project. The STATE and the AGENCY, their officers, employees and agents are named as Additional Insureds on the above referenced liability policies with the exception of workers compensation & professional liability where required by written contract. The above referenced liability policies with the exception of workers compensation and professional liability are primary & non-contributory where required by written contract. Waiver of Subrogation is applicable where required by written contract & allowed by law. City of Bremerton 345 6th Street, Suite 100 Bremerton, WA 98337-0000 1 of 1 #S2630066/M2623337 KPFFINCOClient#: 25326 KKRE1 This page has been left blank intentionally. CA9775930 04/01/2021 This page has been left blank intentionally. CA9775930 04/01/2021 This page has been left blank intentionally. CA9775930 04/01/2021 This page has been left blank intentionally. POLICY NUMBER: ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s)Location(s) Of Covered Operations COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Insurance Services Office, Inc., 2018CG 20 10 12 19 Page 1 of 2 A. Section II 6 Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1.Your acts or omissions; or 2.The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1.All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2.That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. ANY PERSON OR ORGANIZATION WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN PER THE CONTRACT OR AGREEMENT. ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. GL5268336 04/01/2021 04/01/2022 Insurance Services Office, Inc., 2018Page 2 of 2 CG 20 10 12 19 C.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. POLICY NUMBER: ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s)Location And Description Of Completed Operations COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART ANY PERSON OR ORGANIZATION WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. PER THE CONTRACT OR AGREEMENT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 37 12 19 Page ofInsurance Services Office, Inc., 2018 1 1 GL5268336 04/01/2021 04/01/2022 This page has been left blank intentionally. GL5268336 04/01/2021 04/01/2022 This page has been left blank intentionally. 04/01/202204/01/2021 GL5268336 This page has been left blank intentionally. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on inception date of the policy unless a different date is indicated below. This endorsement, effective 12:01 AM forms a part of Policy No. Issued to By We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. Schedule WC 00 03 13 Countersigned by (Ed. 04/84) Authorized Representative This form is not applicable in Kansas for private construction contracts as defined in K.S.A. 16-1801 through K.S.A 16-1807 or public construction contracts as defined in K.S.A. 16-1901 through 16-1908, except where permitted by statute or other applicable law, such as for use in wrap-up insurance programs. Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual. This form is not applicable in California, Kentucky, New Hampshire, New Jersey, Texas, or Utah. ANY PERSON OR ORGANIZATION TO WHOM YOU BECOME OBLIGATED TO WAIVE YOUR RIGHTS OF RECOVERY AGAINST, UNDER ANY WRITTEN CONTRACT OR AGREEMENT YOU ENTER INTO PRIOR TO THE OCCURRENCE OF LOSS. The premium charge for the endorsement is INCLUDED 022-29-8245"04 KPFF, INC. NEW HAMPSHIRE INSURANCE COMPANY WC022298245(AOS)04/01/2021 This page has been left blank intentionally. INSR ADDL SUBR LTR INSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS AUTOS ONLY HIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE National Union Fire Ins. Co. The Continental Insurance Company New Hampshire Ins. Co. Allied World Surplus Lines Ins 3/23/2021 Greyling Ins. Brokerage/EPIC 3780 Mansell Road, Suite 370 Alpharetta, GA 30022 Katie Kresner 770.220.7695 866.550.4082 Katie.Kresner@greyling.com KPFF, Inc. 1601 5th Ave Suite 1600 Seattle, WA 98101 19445 35289 23841 24319 21-22 A X X X GL5268336 04/01/2021 04/01/2022 1,000,000 500,000 25,000 1,000,000 2,000,000 2,000,000 A X X X CA9775930 04/01/2021 04/01/2022 2,000,000 B X X X X 0 6050399824 04/01/2021 04/01/2022 10,000,000 10,000,000 C C N WC022298245(AOS) WC022298244(CA) 04/01/2021 04/01/2022 X 1,000,000 1,000,000 1,000,000 D Professional/ Pollution Liability 03120067 10/10/2020 10/10/2021 Per Claim $10,000,000 Aggregate $10,000,000 SIR: $250,000 Re: 6th Street Preservation Project. The STATE and the AGENCY, their officers, employees and agents are named as Additional Insureds on the above referenced liability policies with the exception of workers compensation & professional liability where required by written contract. The above referenced liability policies with the exception of workers compensation and professional liability are primary & non-contributory where required by written contract. Waiver of Subrogation is applicable where required by written contract & allowed by law. City of Bremerton 345 6th Street, Suite 100 Bremerton, WA 98337-0000 1 of 1 #S2630066/M2623337 KPFFINCOClient#: 25326 KKRE1 This page has been left blank intentionally. CA9775930 04/01/2021 This page has been left blank intentionally. CA9775930 04/01/2021 This page has been left blank intentionally. CA9775930 04/01/2021 This page has been left blank intentionally. POLICY NUMBER: ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s)Location(s) Of Covered Operations COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Insurance Services Office, Inc., 2018CG 20 10 12 19 Page 1 of 2 A. Section II 6 Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1.Your acts or omissions; or 2.The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1.All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2.That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. ANY PERSON OR ORGANIZATION WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN PER THE CONTRACT OR AGREEMENT. ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. GL5268336 04/01/2021 04/01/2022 Insurance Services Office, Inc., 2018Page 2 of 2 CG 20 10 12 19 C.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. POLICY NUMBER: ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s)Location And Description Of Completed Operations COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART ANY PERSON OR ORGANIZATION WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. PER THE CONTRACT OR AGREEMENT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 37 12 19 Page ofInsurance Services Office, Inc., 2018 1 1 GL5268336 04/01/2021 04/01/2022 This page has been left blank intentionally. GL5268336 04/01/2021 04/01/2022 This page has been left blank intentionally. 04/01/202204/01/2021 GL5268336 This page has been left blank intentionally. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on inception date of the policy unless a different date is indicated below. This endorsement, effective 12:01 AM forms a part of Policy No. Issued to By We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. Schedule WC 00 03 13 Countersigned by (Ed. 04/84) Authorized Representative This form is not applicable in Kansas for private construction contracts as defined in K.S.A. 16-1801 through K.S.A 16-1807 or public construction contracts as defined in K.S.A. 16-1901 through 16-1908, except where permitted by statute or other applicable law, such as for use in wrap-up insurance programs. Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual. This form is not applicable in California, Kentucky, New Hampshire, New Jersey, Texas, or Utah. ANY PERSON OR ORGANIZATION TO WHOM YOU BECOME OBLIGATED TO WAIVE YOUR RIGHTS OF RECOVERY AGAINST, UNDER ANY WRITTEN CONTRACT OR AGREEMENT YOU ENTER INTO PRIOR TO THE OCCURRENCE OF LOSS. The premium charge for the endorsement is INCLUDED 022-29-8245"04 KPFF, INC. NEW HAMPSHIRE INSURANCE COMPANY WC022298245(AOS)04/01/2021 This page has been left blank intentionally.