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________________________________________________________________________________ Public Works & Utilities │ 100 Oyster Bay Ave. N., Bremerton, WA 98312 * Phone (360) 473-5920 * Fax (360) 473-2330 Working for and with our residents to establish Bremerton as Puget Sound’s most beautiful and livable waterfront city! Executive Correspondence Routing Memo Date: 05/11/2020 Description: Supplemental Agreement # 4 with Parametrix, Inc. for the Kitsap Lake Safe Routes to Schools (SRTS) Project. This supplement’s purpose is to add unanticipated design scope required to complete the construction contract, and engineering support during the advertisement and construction phases of the project. Supplement was approved by City Council on May 6, 2020. Fiscal Impact: Supplement increases contract value by $ 36,442.62 to a new Contract maximum of $ 440,198.86. The cost for this work is included in the 2020 budget allocated to the project; no additional funding is needed. Action Requested: Review and Signature Originator: Andrea Archer-Parsons, Project Manager Approval / Recommendation: Managing Engineer: Recommended Initials/date _______ City Engineer: Recommended Initials/date _______ Public Works Director: Recommended Initials/date _______ Contracts Administrator: LASERFICHE / DOCUSIGN City Attorney: LASERFICHE / DOCUSIGN Mayor: LASERFICHE / DOCUSIGN City Clerk: LASERFICHE / DOCUSIGN THANK YOU!! Shane Weber Digitally signed by Shane Weber DN: C=US, E=shane.weber@ci.bremerton.wa.us, O=City of Bremerton, OU=Bremerton Engineering, CN=Shane Weber Reason: I have reviewed this document Date: 2020.05.12 10:43:58-07'00' Digitally signed by Ned Lever DN: C=US, E=ned.lever@ci.bremerton.wa.us, O=City of Bremerton, OU=Engineering, CN=Ned Lever Date: 2020.05.12 13:22:11-07'00' DocuSign Envelope ID: EA33E025-251B-4691-BD9E-07B10A62B3D8 5/18/2020 5/19/2020 DocuSign Envelope ID: EA33E025-251B-4691-BD9E-07B10A62B3D8 DOT Form 140-063 Revised 09/2005 Supplemental Agreement Number Organization and Address Phone: Original Agreement Number Project Number Execution Date Completion Date Project Title New Maximum Amount Payable Description of Work The Local Agency of desires to supplement the agreement entered in to with and executed on The changes to the agreement are described as follows: I Section 1, SCOPE OF WORK, is hereby changed to read: II for completion of the work to read: III If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate By: By: Consultant Signature Approving Authority Signature Date Darby Watson, Vice President DocuSign Envelope ID: EA33E025-251B-4691-BD9E-07B10A62B3D8 5/19/2020 City of Bremerton 233-1896-148 Kitsap Lake Elementary Safe Routes to School 1 March 2020 EXHIBIT A - SCOPE OF WORK City of Bremerton Kitsap Lake Elementary Safe Routes to School Supplement 4 – Additional Survey, Final Design, and Engineering Services During Construction INTRODUCTION This document presents a request for additional budget for survey and design services performed for the project. It also describes the proposed scope of work (SOW) for providing civil engineering services during bidding and construction. A proposed schedule is included with this scope and our proposed budget is attached. Main elements of the work consist of: Complete Bid Set plans, specifications, and estimate (PS&E) documents for March 13, 2020 project bidding. Provide ongoing project management through 2020. Provide engineering services during bidding and construction as requested by the City. BUDGET SUMMARY AS OF 03/06/2020 Total budget expended to date is summarized on Table 1 below. Table 1. Budget Summary Task Subtask Subtask Name Original Budget Budget Expended as of 3/6/20 Balance Original 01 01 PM $9,953.24 $11,849.93 ($1,900.63) 02 Alts Analysis $8,503.52 $6,404.92 $2,094.80 04 Prelim Design $23,666.26 $24,836.37 ($1,175.89) 05 Final Design $93,045.08 $109,581.05 ($16,705.29) 06 Survey $33,291.33 $54,630.19 ($21,258.84) 07 Subconsultants $87,170.49 $81,131.34 $6,039.15 EXP Expenses $1,459.92 $2,496.62 ($1,036.66) FF PMX PMX Fixed Fee $12,293.73 $12,293.72 $0.00 02 PH Fixed Fee $8,915.20 $2,403.71 $6,511.49 03 SW Fixed Fee $1,563.80 $0.00 $1,563.80 04 CRC Fixed Fee $135.52 $0.00 $135.52 Supplement 1 01 05 Engineering Design $3,238.51 $3,627.52 ($94.12) 07 Subconsultants $10,680.60 $10,286.33 $394.27 FF PMX PMX Fixed Fee $236.34 $236.34 $0.00 DocuSign Envelope ID: EA33E025-251B-4691-BD9E-07B10A62B3D8 SCOPE OF WORK (continued) City of Bremerton 233-1896-148 Kitsap Lake Elementary Safe Routes to School 2 March 2020 Task Subtask Subtask Name Original Budget Budget Expended as of 3/6/20 Balance FF1 02 PH Fixed Fee $1,627.52 $1,779.68 ($152.16) Supplement 2 02 01 Universal Field Services $94,603.00 $91,931.73 $2,671.27 FF2 01 UFS Fixed Fee $13,362.00 $12,064.95 $1,297.05 Totals $403,746.06 $425,554.40 ($21,616.24) JUSTIFICATION FOR ADDITIONAL BUDGET REQUEST Additional budget in the amount of $21,616.24 is requested for providing additional design effort and right-of- way (ROW) exhibits as required by the project. As shown below, we provided additional roadway plans, intersection grading plans, driveway profiles, retaining wall plans, and ROW exhibits for a total of 18 additional plans sheets and 28 additional ROW exhibits. Summary of Parametrix Plans and ROW Exhibits Provided for the Project ITEM AS ORIGINALLY SCOPED DELIVERED PLAN SHEETS Cover/Sheet Index/Notes/Sheet Key/ Survey Control 5 5 Summary of Quantities 0 1 Typical Roadway Sections 1 3 Site Prep, Demolition 5 7 TESC Details 1 0 Roadway Plan and Profile 8 13 Roadway Details 3 2 Raised Crosswalk Details 1 1 Intersection Grading Plans 0 3 Driveway Profiles 1 7 Curb Ramp Grading Plans 7 4 Retaining Wall Plans 2 5 Retaining Wall Details 1 1 Temporary Traffic Control Plans 2 3 TOTAL PLAN SHEETS: 37 55 ADDITIONAL PLAN SHEETS: 55-37 = 18 ROW PLANS ROW Plans 6 5 ROW Removal Plans (fences, trees, etc.) 0 4 Permanent Easement Exhibits 4 13 Temporary Construction Easement (TCE) Exhibits 0 16 TOTAL ROW PLANS 10 38 ADDITIONAL ROW PLANS: 38-10 = 28 DocuSign Envelope ID: EA33E025-251B-4691-BD9E-07B10A62B3D8 SCOPE OF WORK (continued) City of Bremerton 233-1896-148 Kitsap Lake Elementary Safe Routes to School 3 March 2020 NEW WORK TASK 01 – ENGINEERING DESIGN Subtask 01 – Project Management and Meetings Objective Monitor and manage scope, schedule, and budget; and meet with the City of Bremerton (City) staff as needed to review project status. Activities The following activities will be performed: Manage and direct the Parametrix project technical team. Provide routine project management and communications (scope, schedule, budget, invoicing, etc.). Prepare detailed monthly progress reports and progress billings, and submit to City for approval and payment. Deliverables The following deliverables are associated with this task: Routine correspondence including monthly progress reports and invoices. Assumptions The following assumptions apply to this task: Project duration will be 9 months (April 2020 through December 2020). Subtask 05 – Final Design (60%, 90%, and Bid Set PS&E) Objective Complete final Bid Set plans, specifications, and cost estimates (PS&E). Activities: The following activities will be performed: Prepare final sealed PS&E. Deliverables: The following deliverables are associated with this task: Sealed plans (55 sheets), contract documents, and estimate DocuSign Envelope ID: EA33E025-251B-4691-BD9E-07B10A62B3D8 SCOPE OF WORK (continued) City of Bremerton 233-1896-148 Kitsap Lake Elementary Safe Routes to School 4 March 2020 Assumptions The following assumptions apply to this task: Final PS&E was completed and advertised for bidding on March 13, 2020. Parametrix staff expended the following effort on this task the week of March 9, 2020: project manager - 4 hours; publications specialist - 4 hours. Subtask 07 – Subconsultants Objective PH Consulting will prepare final Bid Set PS&E for their portions of the work and provide miscellaneous support during bidding and construction. A budget for PH Consulting is attached. Activities: The following activities will be performed: Prepare final sealed PS&E. Provide miscellaneous support during construction. Deliverables: The following deliverables are associated with this task: Sealed plans (16 sheets), contract documents, and estimate Construction documentations as requested Assumptions: The following assumptions apply to this task: Final PS&E was completed and advertised for bidding on March 13, 2020. TASK 03 – BIDDING AND CONSTRUCTION SUPPORT (NEW TASK) Subtask 01 – Bidding and Construction Support Objective Provide engineering support during the bidding and construction phase of the project. Activities The following activities are associated with this task: Attend construction meetings as requested. Review Contractor’s submittals for compliance with the specifications. DocuSign Envelope ID: EA33E025-251B-4691-BD9E-07B10A62B3D8 SCOPE OF WORK (continued) City of Bremerton 233-1896-148 Kitsap Lake Elementary Safe Routes to School 5 March 2020 Respond to applicable Contractor’s Requests for Information (RFIs) and requests for change orders and make recommendations to the City. Attend site walks at the request of the City. Revise design documents in response to changes encountered during construction Provide up to 40 hours construction observation on a fill in basis. Deliverables The following deliverables are associated with this task: Hard copies and electronic copies of responses to material submittals, cut sheets, and shop drawing review, revised design documents. Assumptions The following assumptions apply to this task: Hours for support are: Project Manager - 8 hours, Engineer III - 52 hours. DocuSign Envelope ID: EA33E025-251B-4691-BD9E-07B10A62B3D8 SCOPE OF WORK (continued) City of Bremerton 233-1896-148 Kitsap Lake Elementary Safe Routes to School 6 March 2020 Exhibit B - Schedule Work Element Completed By Notice to Proceed April 1, 2020 Engineering Services During Bidding and Construction December 31, 2020 DocuSign Envelope ID: EA33E025-251B-4691-BD9E-07B10A62B3D8 Project: Kitsap Lake Elementary Safe Routes to School SUPPLEMENT 4 Direct Salary Cost (DSC): Classification Hours =Rate =Cost Sr. Consultant (Project Manager)12 X $74.82 $897.84 Engineer III 48 X $44.22 $2,122.70 Sr. Project Coordinator 5 X $36.88 $184.40 Project Accountant 5 X $39.75 $198.75 Sr. Contracts Administrator 1 X $45.30 $45.30 Sr. Publications Specialist 4 X $35.56 $142.24 X $0.00 X $0.00 X $0.00 Total DSC =$3,591.23 Overhead (OH Cost -- including Salary Additives): OH Rate x DSC of 1.7952 x $$3,591.23 $6,446.98 Fixed Fee (FF): FF Rate x DSC of 21.00% x $$3,591.23 $754.16 Reimbursables: Mileage 0 miles x $0.54 $0.00 Survey Equipment 0 days x $140.00 $0.00 Subconsultants: PH Consulting $3,014.18 SubTotal $13,806.56 Additional Surveying and Final Design Services under existing contract $21,616.24 Grand Total $35,422.80 Date: WSDOT Form 140-089 EF Exhibit D Page 1 of 1 Exhibit D Prime Consultant Cost Computations Agreement Number: DocuSign Envelope ID: EA33E025-251B-4691-BD9E-07B10A62B3D8 PH Consulting LLC Project: Kitsap Lake Elementary Safe Routes to School Supplement 2 PE Direct Salary Cost (DSC): Classification Man Hours =Rate =Cost Senior Project Manager 2 X $71.40 $142.80 Project Manager 8 $60.00 $480.00 Construction Engineer 0 X $60.00 $0.00 CAD Designer II 0 X $37.50 $0.00 Office Admin 0 X $20.00 $0.00 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 Total DSC =$622.80 Overhead (OH Cost -- including Salary Additives): OH Rate x DSC of 110% x $$622.80 $685.08 Fixed Fee (FF): FF Rate x DSC of 32% x $$622.80 $199.30 Reimbursables: Parking/Tolls $0.00 Reproduction Mileage $0.00 Subconsultants: Grand Total $1,507.18 Date: WSDOT Form 140-089 EF Exhibit E Page 1 of 1 Exhibit E Subconsultant Cost Computations Agreement Number: 3/16/20 DocuSign Envelope ID: EA33E025-251B-4691-BD9E-07B10A62B3D8 Exhibit E Consultant Fee Determination Supplement #2 - Fee Summary Kitsap Lake SRTS PH Consulting Staff Category Hours Rate Cost Senior Project Manager 2 $ 71.40 $ 142.80 Project Manager 8 $ 60.00 $ 480.00 Construction Engineer 0 $ 60.00 $ - CAD Designer II 0 $ 37.50 $ - Office Administrator 0 $ 20.00 $ - Total Hours 10 $ 622.80 Direct Labor Cost $ 622.80 Overhead Rate @ 110% of Direct Labor $ 685.08 Fee @ 32% of Direct Labor $ 199.30 Direct Salary Cost $ 1,507.18 Direct Expenses Unit Cost Reproduction Costs Full Sized Copies (Bond)1 -$ Full Sized (PVC)1 -$ Reprographics 1 Parking/Tolls 1 -$ Mileage $0.575/Mi -$ Traffic Count Vendor $ - Sub-Total Direct Expenses $ - Subcontracts $ - Sub-Total Subcontracts $ - Total Fee $ 1,507.18 Consultant Fee Determination 1 DocuSign Envelope ID: EA33E025-251B-4691-BD9E-07B10A62B3D8 Exhibit E Consultant Fee Determination - Supplement #2 Task Detail Kitsap Lake SRTS Task No. Task Description Senior Project Manager Project Manager Construction Engineer CAD Designer II Office Administrator PH Total Rates $ 71.40 $ 60.00 $ 60.00 $ 37.50 $ 20.00 $ 172.79 $ 145.20 $ 145.20 $ 90.75 $ 48.40 1 Project Management 1.1 Schedule Development 0 1.2 Scope & Budget Management 0 1.3 Schedule Management 0 1.4 Progress Reporting & Invoicing 0 0 0 1.5 Subconsultant Management 0 1.6 Project Team Meetings 0 Task 1 Total 0 0 0 0 0 0 $ - $ - $ - $ - $ - $ - 4 Contract Drawings (60%,90%,100%)0 4.1 General - Cover, Index, General Notes 0 4.2 Signing & Channelization Improvements 0 4.3 Crossing Beacon / School Zone Flasher / Street Lighting Improvements 0 4.4 Submittals (60%,90%, 100%)0 4.4.1 60% Submittal 0 4.4.2 90% Submittal 0 4.4.3 100% Submittal (Revisions) 1 0 1 Task 4 Total 1 0 0 0 0 1 $ 172.79 $ - $ - $ - $ - $ 172.79 5 Specifications 1 8 9 Task 5 Total 1 8 0 0 0 9 $ 172.79 $ 1,161.60 $ - $ - $ - $1,334.39 6 Cost Estimating 0 6.1 Quantities 0 6.2 Opinion of Cost 0 0 Task 6 Total 0 0 0 0 0 0 $ - $ - $ - $ - $ - $ - 7 Services During Bidding 0 0 0 Task 8 Total 0 0 0 0 0 0 $ - $ - $ - $ - $ - $ - 8 Construction Engineering Services 8.1 Services: Submittal/RFI Review,0 0 Field/Site Review Support,0 0 Construction Meetings,0 0 As-Built Drawings,0 0 Task 10 Total 0 0 0 0 0 0 $ - $ - $ - $ - $ - $ - 0 TOTALS 2 8 0 0 0 10 Consultant Fee Determination 1 DocuSign Envelope ID: EA33E025-251B-4691-BD9E-07B10A62B3D8 Job Classifications Quality Manager 86.70$ 95.37$ 27.74$ 209.81$ Principal 76.50$ 84.15$ 24.48$ 185.13$ Sr Project Manager 71.40$ 78.54$ 22.85$ 172.79$ Project Manager 66.30$ 72.93$ 21.22$ 160.45$ Senior Traffic Engineer 61.20$ 67.32$ 19.58$ 148.10$ Project Engineer 51.00$ 56.10$ 16.32$ 123.42$ Associate Engineer 38.76$ 42.64$ 12.40$ 93.80$ Assistant Transportation Engineer 35.70$ 39.27$ 11.42$ 86.39$ Senior Construction Manager 59.16$ 65.08$ 18.93$ 143.17$ Construction Manager 45.90$ 50.49$ 14.69$ 111.08$ Construction Inspector 40.80$ 44.88$ 13.06$ 98.74$ Engineering Intern II 25.50$ 28.05$ 8.16$ 61.71$ Engineering Intern I 20.40$ 22.44$ 6.53$ 49.37$ CAD Designer III 45.90$ 50.49$ 14.69$ 111.08$ CAD Designer II 40.80$ 44.88$ 13.06$ 98.74$ CAD Designer I 30.60$ 33.66$ 9.79$ 74.05$ CAD Technician II 30.60$ 33.66$ 9.79$ 74.05$ CAD Technician I 20.40$ 22.44$ 6.53$ 49.37$ Marketing Lead 35.70$ 39.27$ 11.42$ 86.39$ Office Administrator 35.70$ 39.27$ 11.42$ 86.39$ Office Assistant 25.50$ 28.05$ 8.16$ 61.71$ Direct non-salary costs will be billed at actual costs. Direct Mileage will be billed at current approved IRS mileage rate. PH Consulting LLC Summary of Direct Labor Costs Effective Janury 1, 2020-December 31, 2020 Maximum Direct Labor Rate Safe Harbor Overhead 110% Fixed Fee 32% Maximum Billing Rate DocuSign Envelope ID: EA33E025-251B-4691-BD9E-07B10A62B3D8 PH Consulting LLC Project: Kitsap Lake Elementary Safe Routes to School Supplement 3 CM Direct Salary Cost (DSC): Classification Man Hours =Rate =Cost Senior Project Manager 0 X $71.40 $0.00 Project Manager 10 $60.00 $600.00 Construction Engineer 0 X $60.00 $0.00 CAD Designer II 0 X $37.50 $0.00 Office Admin 0 X $20.00 $0.00 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 Total DSC =$600.00 Overhead (OH Cost -- including Salary Additives): OH Rate x DSC of 110% x $$600.00 $660.00 Fixed Fee (FF): FF Rate x DSC of 32% x $$600.00 $192.00 Reimbursables: Parking/Tolls $5.00 Reproduction Mileage $50.00 Subconsultants: Grand Total $1,507.00 Date: WSDOT Form 140-089 EF Exhibit E Page 1 of 1 Exhibit E Subconsultant Cost Computations Agreement Number: 3/16/20 DocuSign Envelope ID: EA33E025-251B-4691-BD9E-07B10A62B3D8 Exhibit E Consultant Fee Determination Supplement #3 CM - Fee Summary Kitsap Lake SRTS PH Consulting Staff Category Hours Rate Cost Senior Project Manager 0 $ 71.40 $ - Project Manager 0 $ 60.00 $ - Construction Engineer 10 $ 60.00 $ 600.00 CAD Designer II 0 $ 37.50 $ - Office Administrator 0 $ 20.00 $ - Total Hours 10 $ 600.00 Direct Labor Cost $ 600.00 Overhead Rate @ 110% of Direct Labor $ 660.00 Fee @ 32% of Direct Labor $ 192.00 Direct Salary Cost $ 1,452.00 Direct Expenses Unit Cost Reproduction Costs Full Sized Copies (Bond)1 -$ Full Sized (PVC)1 -$ Reprographics 1 Parking/Tolls 1 5.00$ Mileage $0.575/Mi 50.00$ Traffic Count Vendor $ - Sub-Total Direct Expenses $ 55.00 Subcontracts $ - Sub-Total Subcontracts $ - Total Fee $ 1,507.00 Consultant Fee Determination 1 DocuSign Envelope ID: EA33E025-251B-4691-BD9E-07B10A62B3D8 Exhibit E Consultant Fee Determination - Supplement #3 CM Task Detail Kitsap Lake SRTS Task No. Task Description Senior Project Manager Project Manager Construction Engineer CAD Designer II Office Administrator PH Total Rates $ 71.40 $ 60.00 $ 60.00 $ 37.50 $ 20.00 $ 172.79 $ 145.20 $ 145.20 $ 90.75 $ 48.40 1 Project Management 1.1 Schedule Development 0 1.2 Scope & Budget Management 0 1.3 Schedule Management 0 1.4 Progress Reporting & Invoicing 0 0 0 1.5 Subconsultant Management 0 1.6 Project Team Meetings 0 Task 1 Total 0 0 0 0 0 0 $ - $ - $ - $ - $ - $ - 4 Contract Drawings (60%,90%,100%)0 4.1 General - Cover, Index, General Notes 0 4.2 Signing & Channelization Improvements 0 4.3 Crossing Beacon / School Zone Flasher / Street Lighting Improvements 0 4.4 Submittals (60%,90%, 100%)0 4.4.1 60% Submittal 0 4.4.2 90% Submittal 0 4.4.3 100% Submittal (Revisions) 0 0 0 Task 4 Total 0 0 0 0 0 0 $ - $ - $ - $ - $ - $ - 5 Specifications 0 0 0 Task 5 Total 0 0 0 0 0 0 $ - $ - $ - $ - $ - $ - 6 Cost Estimating 0 6.1 Quantities 0 6.2 Opinion of Cost 0 0 Task 6 Total 0 0 0 0 0 0 $ - $ - $ - $ - $ - $ - 7 Services During Bidding 0 2 2 Task 8 Total 0 0 2 0 0 2 $ - $ - $ 290.40 $ - $ - $ 290.40 8 Construction Engineering Services 8.1 Services: Submittal/RFI Review,8 8 Field/Site Review Support,0 0 Construction Meetings,0 0 As-Built Drawings,0 0 Task 10 Total 0 0 8 0 0 8 $ - $ - $ 1,161.60 $ - $ - $1,161.60 0 TOTALS 0 0 10 0 0 10 Consultant Fee Determination 1 DocuSign Envelope ID: EA33E025-251B-4691-BD9E-07B10A62B3D8 AGENDA BILL �� CITY OF BREMERTON CITY COUNCIL SUBJECT: Professional Services Study Session Date: Agreement with Parametrix, Inc., for Design COUNCIL MEETING Date: of Kitsap Lake Elementary Safe Routes to Department: School Project Presenter: Phone: March 14, 2018 March 21, 2018 PW&U Tom Knuckey (360) 473-2376 SUMMARY: The City approved a Safe Routes to School Grant last year. The project includes design, acquiring right-of-way, and construction on Harlow Drive from Kitsap Way to Osprey Circle. The City advertised a Request for Qualifications, and received proposals from three firms to perform the design and right-of-way acquisition. The City selected Parametrix, Inc., to do the work; their design cost is $279,998.09 and is eligible for 100% grant funding. ATTACHMENTS: 1. Professional Services Agreement with Parametrix, Inc. 2. Site Plan FISCAL IMPACTS (Include Budgeted Amount): The design (Preliminary Engineering) is 100% grant eligible, and the work is in the 2018 budget. STUDY SESSION AGENDA: ® Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ® General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Professional Services Agreement for design of the Kitsap Lake Elementary Safe Routes to School Project in the amount of $279,998.09 and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: EdApprove ❑ Deny ❑ Table ❑ Continue ❑ No Action Forth Updated 01/02/2018 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Agreement Number: Firm/Organization Legal Name (do not use dba's): Parametrix, Inc. Address Federal Aid Number 60 Washington Ave, Ste 390, Bremerton, WA 98337 HSIP OOOS(459) UBI Number Federal TIN or SSN Number 600 135 349 91-0914810 Execution Date Completion Date Exhibit G December 31, 2019 1099 Form Required Federal Participation ❑ Yes No ❑Q Yes ❑ No Project Title Kitsap Lake Elementary Safe Routes to School Description of Work Project involves construction of Americans with Disabilities Act (ADA) -compliant sidewalks and other improvements to encourage students to walk or bicycle to Kitsap Lake Elementary School. ❑i Yes 19% ❑ No DBE Participation Total Amount Authorized: $279,998.09 ❑ Yes ❑ No MBE Participation Management Reserve Fund: 0.00 ❑ Yes ❑ No WBE Participation ❑ Yes ❑ No SBE Participation Maximum Amount Payable: $279,998.09 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 11/0112017 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, Washington , hereinafter called the "AGENCY," and the "Firm / Organization Name" referenced on page one (1) of this AGREEMENT, hereinafter called the "CONSULTANT." WHEREAS, the AGENCY desires to accomplish the work referenced in "Description of Work" on page one (1) of this AGREEMENT and hereafter called the "SERVICES;" and does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary SERVICES; and WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish consulting services to the AGENCY. NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I. General Description of Work The work under this AGREEMENT shall consist of the above-described SERVICES as herein defined, and necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor, and related equipment and, if applicable, sub -consultants and subcontractors necessary to conduct and complete the SERVICES as designated elsewhere in this AGREEMENT. II. General Scope of Work The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit "A" attached hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed utilizing performance based contracting methodologies. III. General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress, and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days' notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the SERVICES in sufficient detail so that the progress of the SERVICES can easily be evaluated. The CONSULTANT, any sub -consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 2 of 14 Revised 11/0112017 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 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: Name: City Clerk Agency: City of Bremerton Address: 345 6th Street STE 100 City: Bremerton State: WA Zip: 98337 Email: city.clerk@ci.bremerton.wa.us Phone: 360/473-5323 Facsimile: 360/473-5200 IV. Time for Beginning and Completion If to CONSULTANT: Name: David Dinkuhn Agency: Parametrix, Inc. Address: 60 Washington Avenue, Suite 390 City: Bremerton State: WA Zip: 98337 Email: ddinkuhn@parametrix.com Phone: (360) 850-5319 Facsimile: (855) 542-6353 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 1110112017 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. Direct Non -Salary Costs: Direct Non -Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges and fees of sub -consultants. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with WSDOT's Accounting Manual M 13-82, Chapter 10 — Travel Rules and Procedures, and revisions thereto. Air, train, and rental car costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205-46 "Travel Costs." The billing for Direct Non -Salary Costs shall include an itemized listing of the charges directly identifiable with the PROJECT. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. All above charges must be necessary for the services provided under this AGREEMENT. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 4 of 14 Revised 11/01/2017 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." 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 I11, "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 11/01/2017 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 1110112017 Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly retired employees, without written consent of the public employer of such person if he/she will be working on this AGREEMENT for the CONSULTANT. VIII. Nondiscrimination During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub -consultants, subcontractors and successors in interest, agrees to comply with the following laws and regulations: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. Chapter 21 Subchapter V § 2000d through 2000d4a) • Federal -aid Highway Act of 1973 (23 U.S.C. Chapter 3 § 324) • Rehabilitation Act of 1973 (29 U.S.C. Chapter 16 Subchapter V § 794) • Civil Rights Restoration Act of 1987 (Public Law 100-259) • American with Disabilities Act of 1990 (42 U.S.C. Chapter 126 § 12101 et. seq.) • 23 CFR Part 200 • 49 CFR Part 21 • 49 CFR Part 26 • 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 11101/2017 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 11/01/2017 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 1110112017 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: Andrea Archer -Parsons Agency: City of Bremerton Address: 3027 Olympus Drive City: Bremerton State: WA Zip: 9831C Email: andrea.archer-parsons@ci.bremerton.wa.us Phone: 360/471-2317 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 11101/2017 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 11101/2017 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 1110112017 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 1110112017 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, "ESP' 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. Signatur �� vJ.;I.4._1 Signature Date 3 IzzI 2o19 Date Any modification, change, or reformation of this AGREEMENT.shall require approval as to form by the Ogee of the Attorney General. Agreement Number: Local Agency A&E Professional Services Coat Plus Fixed Fee Consultant Agreement Page 14 of 14 Revised 11/01/2017 Please see attached Scope of Work. Exhibit A Scope of Work Project No. Agreement Number: Exhibit A -Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 1110112017 Page 1 of 1 Parametrix ENGINEERING PLA"JNING ENVIRONMENTA'. SCIENCE: EXHIBIT A -SCOPE OF WORK City of Bremerton Kitsap Lake Elementary Safe Routes to School INTRODUCTION The Kitsap Lake Elementary Safe Routes to School project involves construction of Americans with Disabilities Act (ADA) -compliant sidewalks and other improvements to encourage students to walk or bicycle to Kitsap Lake Elementary School. This document describes Parametrix's proposed scope of work (SOW) for providing engineering design services for the project. A proposed schedule is included in this scope and our proposed budget is attached as Local Agency Guidelines (LAG) Exhibit D. Subconsultant SOWS are attached to this exhibit and their budgets are provided in LAG Exhibit E. Main elements of the work will consist of: • Design a 10 -foot -wide sidewalk on one side of Harlow Drive to provide a pedestrian access route (PAR) from Kitsap Way to Kitsap Lake Elementary School. • Perform an alternatives analysis at a 10% design level to select a preferred sidewalk location. • Design ADA -compliant curb ramps and driveway approaches at approximately 28 locations. • Perform geotechnical studies including developing a design infiltration rate for infiltration of stormwater runoff beneath the sidewalk. • Design pedestrian crosswalks, lighting, channelization, and signing. Specific tasks for Phase 1— Engineering Design Phase are described below. Phase 2 services will consist of construction engineering services and will be added at a later time. PHASE 1 — ENGINEERING DESIGN Task 1 — Project Management and Meetings Objective Obtain project data; monitor and manage scope, schedule, and budget; and periodically meet with the City of Bremerton (City) and other members of the design team to review project status. Activities The following activities will be performed: • Prepare a detailed schedule showing all major tasks, meetings, and review milestones. • Schedule, attend, and document bi-weekly project meetings via conference call. In addition, we anticipate attending up to two public meetings. • Manage and direct the project technical team including subconsultants. City of Bremerton 233-1896-8AB Kitsap Lake Elementary Safe Routes to School A-1 February 2018 Scope of Work SCOPE OF WORK (continued) • Provide routine project management and communications (scope, schedule, budget, invoicing, etc.). • Prepare detailed monthly progress reports and progress billings, and submit to the City for approval and payment. The monthly report will include a narrative of the work performed and the tasks to be performed in the next reporting period. Deliverables The following deliverables are associated with this task: • Routine correspondence including monthly progress reports • Meeting agendas and notes Assumptions The following assumptions apply to this task: • Bi -weekly project conference calls will be attended by the Parametrix project manager (PM) • One Parametrix team member will attend the public meetings • Project duration for design services will be 12 months (March 2018 through February 2019) Task 2 — Alternatives Analysis Objective To perform a streamlined alternatives analysis to support selection of a final sidewalk alignment. Activities The following activities will be performed: • Initiate topographical survey described under Task 6 below. • Incorporate topographical survey base map into design CADD files and develop conceptual alternative sidewalk layouts in targeted study areas. The targeted areas will include sections of the alignment where the proposed sidewalk encroaches onto private property and/or where steep driveway slopes on adjacent slopes make construction of transitions difficult or impossible. • Develop 3D surface for alternative layouts to support cut/fill volume calculations and to identify locations requiring retaining walls. • Estimate costs for alternative layouts Deliverables The following deliverables are associated with this task: • Conceptual layout plans in 22- by 34 -inch plan/plan format at 1 inch equals 20 feet scale • Driveway profiles in study areas • Conceptual cost estimates for alternatives City of Bremerton 233-1896-8AB Kitsap Lake Elementary Safe Routes to School A-2 February 2018 Scope of Work SCOPE OF WORK (continued) • Brief technical memorandum presenting results of analysis with a recommendation for preferred alternative Assumptions The following assumptions apply to this task: • Up to three alternative layouts will be developed. • One plan sheet showing driveway profiles for the alternatives will be developed. • Review meeting to discuss results of analysis will be attended by Parametrix PM and lead roadway engineer. Task 03 — Environmental Documentation Objective Assist the City in obtaining project National Environmental Policy Act (NEPA)/ Washington State Environmental Policy Act (SEPA) approval. Activities The following activities will be performed: • Procure a subconsultant to provide area of potential effect (APE) documentation and conduct a cultural resources survey under Task 7 below. Deliverables The following deliverables are associated with this task: • APE documentation and Cultural Resources Survey Report (provided under Task 7 below) Assumptions The following assumptions apply to this task: • The project is designated NEPA Class 2 and qualifies for a C -List Categorical Exclusion. As such, the project can be approved by WSDOT local programs without signature by the Federal Highway Administration (FHWA). • The City will prepare a SEPA checklist for applicable local permit. • The City will prepare and submit a Categorical Exclusion Documentation Form for Washington State Department of Transportation (WSDOT) Local Programs approval. Task 4 — Preliminary Design (30%) Objective Prepare preliminary (30%) engineering plans, cost estimate, and schematics to support public meetings. Activities City of Bremerton 233-1896-8AB Kitsap Lake Elementary Safe Routes to School A-3 February 2018 Scope of Work SCOPE OF WORK (continued) The following activities will be performed: • Initiate 30% level design using the preferred sidewalk location from the alternatives analysis. • Identify potential utility conflicts, mark conflict locations in the field, and work with City Public Works staff to pothole each location. Incorporate pothole information into design. • Prepare a drainage report meeting City requirements for local permits. Preparation of the report will include hydrologic/hydraulic modeling in accordance with the Washington State Department of Ecology (Ecology) Stormwoter Management Manual for Western Washington (SWMMWW) and City design standards. • Prepare 30% engineering plans for the roadway and utilities. • Prepare a 30% cost estimate. • Prepare schematics for public meetings using the 30% design as a basis. Deliverables Deliverables associated with this task are provided below. Note that some plan sheets are provided by our subconsultant, PH Consulting. • The proposed plan sheets to be delivered for this task are listed as follows: • Cover with Vicinity Map and Sheet Index 1 sheet • Site Plan and Plan Sheet Key 1 sheet Legend and Abbreviations 1 sheet Survey Control 1 sheet Typical Roadway Sections 1 sheet Roadway Plan and Profile, including stormwater improvements 8 sheets at 1 inch = 20 feet scale Driveway Profiles 1 sheet Notes, Signing and Channelization PH, 7 sheets Crossing Beacon, School Zone Flasher, and Street Lighting PH, 6 sheets Electrical Details PH, 1 sheet 28 sheets total • 30% cost estimate • Drainage report • Schematics for public meetings Assumptions The following assumptions apply to this task: • The Parametrix PM will attend a 30% design review meeting in person. All other team members will call in as appropriate. City of Bremerton 233-1896-8AB Kitsap Lake Elementary Safe Routes to School A-4 February 2018 Scope of Work SCOPE OF WORK (continued) • Potholing to determine existing pavement thicknesses and/or locations of existing underground utilities will be performed using City crews and equipment with observation provided by Parametrix. • Paving and utilities sheets will be prepared in plan and profile format at a scale of 1 inch equals 20 feet. • Approximately half of the roadway will be milled and overlaid. • Cost estimates will be based on a combination of historical information on recent similar local projects, recent WSDCT bid tabs, and a more detailed analysis for the major components. • Up to two schematics will be provided in 22 -by -34 -inch format. Task 5 — Final Design (60%, 90%, and Bid Set PS&E) Objective Prepare 60%, 90%, and Bid Set plans, specifications, and cost estimates for the roadway and utility improvements. Note that the 100% submittal step has been eliminated. This is because it is anticipated that the design will be well developed by the 90% stage and that an additional review submittal at 100% will not be needed. Activities The following activities will be performed: • Prepare engineering plans for the roadway and utility improvements. Plan sheets will contain plans and profile at a scale of 1 inch equals 20 feet. • Prepare a cost estimate at each deliverable stage. • Prepare special provisions at each deliverable stage. • Prepare contract documents for the 90% and Bid Set deliverables packages. • Prepare maximum extent feasible (MEF) technical memorandum (if required) to record and justify non-compliance with ADA guidelines. Also complete MEF Microsoft Excel worksheet. Deliverables • Deliverables associated with this task are provided below. Note that some plan sheets are provided by our subconsultant, PH Consulting.The proposed plan sheets to be delivered for this task are listed as follows: Cover with Vicinity Map and Sheet Index 1 sheet Site Plan and Plan Sheet Key 1 sheet Legend and Abbreviations 1 sheet Temporary Erosion and Sediment Control (TESC) Notes 1 sheet Survey Control 1 sheet Site Preparation, Demolition, and TESC 5 sheets plan/plan TESC and Demolition Details 1 sheet Typical Roadway Sections 1 sheet Roadway Plan and Profile, including stormwater improvements 8 sheets at 1 inch = 20 feet scale City of Bremerton 233-1896-8AB Kltsap Lake Elementary Safe Routes to School A-5 February 2018 Scope of Work SCOPE OF WORK (continued) Driveway and Curb Ramp Grading Raised Crosswalk Sections and Details Driveway Profiles Roadway and Drainage Details Retaining Wall Plan and Profile Retaining Wall Sections and Details Temporary Traffic Control Plan Notes, Signing and Channelization Crossing Beacon, School Zone Flasher, and Street Lighting Electrical Details 7 sheets at 4 ramps/dws/sheet 1 sheet 1 sheet 3 sheets 2 sheets at 1 inch = 10 feet scale 1 sheet 2 sheets PH, 7 sheets PH, 6 sheets PH, 1 sheet 51 total sheets • 60%, 90%, and Bid Set cost estimates • 60 %, 90%, and Bid Set contract documents • One hard copy and one PDF set of all plans (11 -by -17 -inch), special provisions, and cost estimates at each design stage • AutoCAD and PDF files of all drawings and documents provided on CD-ROM • Two hard copies of Bid Set Plans on full-sized sheets (sealed by Washington P.E.), special provisions, and contract documents • MEF documentation Assumptions The following assumptions apply to this task: • The Parametrix PM will attend design review meetings in person. All other team members will call in as appropriate. • Special provisions and all drawings will follow WSDOT format. • The City will provide the legal documents section of the contract documents in Microsoft Word format. • Conformed Set documents will be prepared under a future task. • MEF technical memorandum and MEF worksheet will follow WSDOTtemplates. Task 6 — Survey Objective Parametrix will prepare a survey base map suitable for design and ROW acquisition activities anticipated for the project. Exhibits will be prepared and sealed by a professional surveyor licensed to practice in the State of Washington. City of Bremerton 233-1896-8AB Kitsap Lake Elementary Safe Routes to School A-6 February 2018 Scope of Work SCOPE OF WORK (continued) Activities The following activities are associated with this task: • Establish horizontal control (NAD 83/91). Set and measure horizontal control necessary for the mapping and ROW determination. • Establish vertical control. It is anticipated that project will be oriented to the vertical datum of NGVD29. • Complete topographic mapping and survey underground utilities within that portion shown on attached Figure 1. Utility mapping will include the routing of overhead utilities. Topography shall be surveyed using methods that will produce a 1 -foot contour interval base map. The mapping will include, but will not be limited to the following above ground features: Curb and gutter including existing curb cuts, curb ramps and driveways Sidewalks and paths Rockeries and walls Steps/stairs Existing structures and buildings Pavement edges Ditches Fences Driveways and ramps Luminaires Landscaping Water meters, valves, hydrants, and irrigation control valves Measure down to top actuator nut of water valves Electrical transformers, vaults, poles, and hand -holes Telecommunication risers, vaults, poles, junction boxes, and hand -holes Gas valves and meters Storm drain manhole lids with pipe sizes, shape, invert elevations, and material composition Catch basin rims with pipe sizes, invert elevations, and material composition • Sanitary sewer manhole lids with pipe sizes, invert elevations, and material composition • Culverts with associated pipe sizes, invert elevations, and material composition • Grade breaks, localized depressions, ditches, ridges, and other surface grades • Street signs • Street trees over 4 -inch caliper with size, type, and drip line noted • Channelization • Sub -surface utility paint marks delineated by a professional utility location service City of Bremerton 233-1896-8AB Kitsap Lake Elementary Safe Routes to School A-7 February 2018 Scope of Work SCOPE OF WORK (continued) • Survey and calculate all ROWS and parcel lines lying within and adjacent to the mapping limits. • Compile mapping and boundary information into a 1 inch equals 20 feet scale base map in AutoCAD, Civil 3D Version 2016. • Prepare ROW sheets within the project limits to WSDOT ROW standards. • Prepare legal descriptions and exhibit maps for permanent sidewalk easements. Deliverables The following deliverables are associated with this task: • Base map at 1 inch equals 20 feet scale in AutoCAD, Version 2016 in electronic format for each survey area • Draft and final ROW plan sheets • Draft and final legal descriptions and exhibits for sidewalk easements Assumptions The following assumptions apply to this task: • Topographic survey and design will be provided in AutoCAD 2016 and Civil 3D. • The City will obtain rights of entry for survey on private property. • Base map will be developed using Parametrix' colors, text size/style, and layering conventions. • GIS parcel line information will be sufficient for the purposes of delineating lateral ownership boundaries with exception to properties lying within and directly adjacent to the topographic mapping limits. • Surveyed utilities will target known underground utilities identified by the Washington Utility Notification Center including water, storm sewer, sanitary sewer, communications, and power. A private underground utility locate firm will not be hired by Parametrix to locate existing utilities. • Up to six ROW sheets will be prepared at 1 inch equals 50 feet scale. • Temporary Construction Easement (TCE) exhibits will be shown only on the ROW plans; no separate legal descriptions or exhibits will be prepared. • Permanent sidewalk easement exhibits will be prepared for up four parcels. • Recording fees associated with deliverables will be paid by the City. Deliverables The following deliverables are associated with this task: • Draft and final ROW plan sheets • Draft and final TCE and sidewalk easement exhibits City of Bremerton 233-1896-8AB Kitsap Lake Elementary Safe Routes to School A-8 February 2018 Scope of Work SCOPE OF WORK (continued) Task 7 — Subconsultants Objective Parametrix will procure subconsultants to provide traffic engineering, geotechnical engineering, and cultural resources services. Subconsultant detailed SOWS are included with this exhibit, and budgets for each subconsultant are provided in Exhibit E. Activities The following activities will be performed: • PH Consulting, LLC (PH) will provide channelization, signing, power, street lighting, and flashing beacon design. PH is a certified Minority and Disadvantaged Business Enterprise (M/DBE). • Shannon & Wilson, Inc. (S&W) will provide geotechnical design services including recommendations to support retaining wall design, light pole foundation design, and stormwater infiltration design. Design infiltration rate will be developed using procedures contained in Ecology's 2014 SWMMWW. • Cultural Resource Consultants (CRC) will conduct a cultural resources survey and provide APE documentation to support NEPA approval. • Universal Field Services (UFS) will complete ROW acquisition services under a future phase of work. UFS will be retained following 30% design once ROW needs are more clearly defined. Deliverables The following deliverables are associated with this task: • PH will provide documentation during preliminary design for streamlined alternatives analysis for raised crosswalk marking. The purpose of this work is to select an alternative to rectangular rapid flashing beacons (RRFBs), which are not currently approved by FHWA. Results of analysis will be documented in a Design Criteria Memorandum. PH will also provide 30%, 60%, 90%, and Bid Set PS&E documents for channelization, signing, power, street lighting, and crosswalk marking. • S&W will provide a draft and final geotechnical report. • CRC will provide APE documentation and a cultural resources survey report. Assumptions The following assumptions apply to this task: • PH design for marking raised crosswalks will be based on a streamlined alternatives analysis performed during preliminary design. Alternatives will be developed and evaluated with input from City staff. • Parametrix will incorporate PH -provided documents into design deliverables. • S&W will drill a total of 6 shallow soil borings (each 5 -to -10 feet deep) at approximate 500 -foot spacing. Drilling locations will be at select locations along the road shoulder. Since work will be off the shoulder, traffic control will consist of signage only and flaggers will not be required. A total of three pilot infiltration tests (PITS) will be performed at select locations to provide information for developing a design infiltration rate. City of Bremerton 233-1896-8AB Kitsap Lake Elementary Safe Routes to School A-9 February 2018 Scope of Work SCOPE OF WORK (continued) Phase 8 — Management Reserve Objective Work under this task will provide additional technical services as requested and authorized in writing by the City. City of Bremerton 233-1896-8AB Kltsap Lake Elementary Safe Routes to School A-10 February 2018 Scope of Work Rarametrix ENGINE, PING PLANNING ENVIRONMENTAL SCIENCES Schedule Work Element Completed By Notice to Proceed March 22, 2018 Survey (6 weeks) May 3, 2018 Alternatives Analysis (4 weeks) May 31, 2018 30% Design/ROW Exhibits (6 weeks) July 12, 2018 60% PS&E (8 weeks) September 6, 2018 90% PS&E (8 weeks) November 1, 2018 Bid Set PS&E (6 weeks) December 13, 2018 Advertise for Bid December 20, 2018 Construction June —September 2019 Project Closeout December 31, 2019 NOTE: The assumed turnaround time for City review of deliverables is 1 week. City of Bremerton 233-1896-8AB Kitsap Lake Elementary Safe Routes to School A-11 February 2018 Scope of Work See attached DBE Participation Plan. Exhibit B DBE Participation Agreement Number: Exhibit B -Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 11/01/2017 Page 1 of 1 Exhibit B DBE Participation Attachments Parametrix ENGINEERING. PLANNING. ENVIRONMENTAL SCIENCES KITSAP LAKE ELEMENTARY SAFE ROUTES TO SCHOOL Disadvantaged Business Enterprise Inclusion Plan Founded as an MBE firm in 1969, Parametrix understands the challenges that Disadvantaged Business Enterprises (DBE) face as they seek opportunities to expand their business. This plan outlines Parametrix's commitment to meet the DBE requirement of 19 percent established for this project. Section 1 — Subcontracting The table below lists the values as a percentage of the contract amount that Parametrix anticipates for participation by DBE firms. Table 1. DBE Participation Percentages Anticipated Diverse Business Participation Anticipated Percentage Range Disadvantaged Business Enterprise Participation 19%-24% Section 2 — Diverse Business Subcontractors Subconsultants anticipated to be used on this project are listed below along with descriptions of tasks to be performed. Table 2. Sub consultant Task Descriptions Anticipated DBE Name of DBE DBE Certifications Task Description Subcontract Value Range PH Consulting, LLC. No. D5M0024799 Channelization, Signing, and Illumination Design $67,888 - $73,680 Section 3 — Diversity Expert The Diversity Expert for this project will be David Dinkuhn, the Project Manager. David has worked with DBE consultants covering a wide range of disciplines through his 30 years in the industry. His contact information is: David Dinkuhn, PE Parametrix, Inc. Email: ddinkuhn@parametrix.com Phone number: (360) 850-5319 David's responsibilities as the Diversity Expert include: • Providing monthly updates to the City's Project Manager that include utilization of DBE sub consultants, progress to date, and projections for future work. • Ensuring success of the DBE firm on the team by supporting them in learning the processes and procedures of the City's contracting. City of Bremerton Page 1 of 2 233-1896-8AB Kitsap Lake Elementary Safe Routes to School Project February 16, 2018 Section 4 — Strategies Achieving the DBE requirement of 19 percent for this project will be accomplished by assigning Channelization, Signing, and Illumination design to PH Consulting, LLC. PH's participation will be monitored frequently and reported on monthly invoices. Section 5 — Prompt Payment and Dispute Resolution The Parametrix process for monitoring and ensuring prompt payment to sub consultants starts with establishing the calendar by which our billing cycle operates so the sub consultant's invoice is timed with the Parametrix invoice submittal to the client. A calendar is provided to the sub consultant identifying the cutoff date for each monthly invoice. Parametrix's policy is to pay sub consultants no longer than 15 days after receiving payment from the client. In the event that any portion of an invoice is disputed, payment will be made for the non -disputed amounts. For resolution of disputes, first a good faith negotiation between representatives of the sub consultant and Parametrix would take place. This would start with the sub consultant and Parametrix project managers and escalate to principals of each firm if needed. The next step is non-binding mediation under the Commercial Mediation rules of the American Arbitration Association ("AAA") using a neutral mediator mutually acceptable to the parties and with the costs, therefore, shared equally. If the non-binding mediation is not successful, final remedy would be through state and federal courts in Kitsap County, Washington. Section 6 — Monitoring and Reporting Voluntary Goal Attainment Our project management system, PM+ allows us to track the monthly effort of the sub consultants and compare the results against the planned level of effort. Our project manager will meet regularly with the sub consultant (in person or via telephone), check progress, and address any questions or challenges they may have with either their technical work or their share of the work in order to monitor and attain the voluntary goal. A report summarizing the status and progress toward goal attainment will be included with each monthly invoice and progress report. We will submit this information via the new BG2Now system. City of Bremerton Page 2 of 2 233-1896-8AB Kitsap Lake Elementary Safe Routes to School Project February 16, 2018 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 Basemap in AutoCAD Civil 3D 2018. B. Roadway Design Files Plans in AutoCAD Civil 3D 2018 and PDF. C. Computer Aided Drafting Files See above. Agreement Number: Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 11/01/2017 Page 1 of 4 D. Specify the Agency's Right to Review Product with the Consultant Unrestricted. E. Specify the Electronic Deliverables to Be Provided to the Agency GIS files showing existing utilities. Word files with contract and division 1 special provisions. F. Specify What Agency Furnished Services and Information Is to Be Provided See above. Agreement Number: Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 11/01/2017 Page 2 of 4 II. Any Other Electronic Files to Be Provided None. III. Methods to Electronically Exchange Data Parametrix ftp site. Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 11/01/2017 Page 3 of 4 A. Agency Software Suite NA B. Electronic Messaging System 10/.11 C. File Transfers Format Native file format Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 11/01/2017 Page 4 of 4 Please see attached Prime Consultant budget. Exhibit D Prime Consultant Cost Computations Agreement Number: Exhibit D - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 11/0112017 Page 1 of 1 Exhibit D Prime Consultant Cost Computations Project: Kitsap Lake Elementary Safe Routes to School Direct Salary Cost (DSC): Classification Hours = Rate = Cost Sr. Consultant (Project Manager) 96 X $69.35 $6,657.60 Sr. Engineer 105 X $67.81 $7,120.05 Engineer II 572 X $35.80 $20,477.60 Engineer IV 12 X $44.28 $531.36 Scientist 1 24 X $24.52 $588.48 CADD Operator III 214 X $30.00 $6,420.00 Sr. Engineer (Structural) 10 X $64.04 $640.40 Designer IV 56 X $47.99 $2,687.44 Survey Supervisor 21 X $60.57 $1,271.97 Surveyor I 100 X $24.32 $2,432.00 Surveyor II 50 X $31.00 $1,550.00 Surveyor III 39 X $37.64 $1,467.96 Technical Lead (Survey) 126 X $36.20 $4,561.20 Sr. Project Coordinator 10 X $28.56 $285.60 Project Controls Specialist 15 X $34.60 $519.00 Project Accountant 12 X $27.95 $335.40 Sr. Contracts Administrator 6 X $42.45 $254.70 Sr. Publications Specialist 24 X $30.87 $740.88 X $0.00 X $0.00 X $0.00 Total DSC = $58,541.64 Overhead (OH Cost -- including Salary Additives): OH Rate x DSC of 1.8776 X$ $58,541.64 $109,917.78 Fixed Fee (FF): FF Rate x DSC of 21.00% X$ $58,541.64 $12,293.74 Reimbursables: Mileage 112 miles x $0.54 $59.92 Survey Equipment 10 days x $140.00 $1,400.00 Subconsultants: PH Consulting $67,888.45 Shannon & Wilson (geotechnical) $26,520.55 CRC (cultural resources) $3,376.00 Grand Total $279,998.09 Date: Agreement Number: WSDOT Form 140-089 EF Exhibit D Page 1 of 1 Exhibit E Sub -consultant Cost Computations isn'tThere 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. Please see attached Subconsultant Cost Computations. Agreement Number: Exhibit E - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 11/01/2017 Page 1 of 1 Exhibit E Subconsultant Cost Computations PH Consulting Overhead (OH Cost -- including Salary Additives): OH Rate x DSC of 110% Fixed Fee (FF): FF Rate x DSC of 32% Reimbursables: Parking/Tolls Reproduction Mileage Subconsultants: Grand Total X $ $27,860.00 $30,646.00 X $ $27,860.00 $8,915.20 Date: $30.00 $250.00 $187.25 $67,888.45 Agreement Number: WSDOT Form 140-089 EF Exhibit E Page 1 of 1 Exhibit E Subconsultant Cost Computations PH Consulting LLC Project: Kitsap Lake Elementary Safe Routes to School Direct Salary Cost (DSC): Classification Man Hours = Rate = Cost Senior Project Manager 124 X $70.00 $8,680.00 Project Engineer 232 $45.00 $10,440.00 CAD Designer 106 X $40.00 $4,240.00 CAD Technician 138 X $30.00 $4,140.00 Office Admin 12 X $30.00 $360.00 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 Total DSC = $27,860.00 Overhead (OH Cost -- including Salary Additives): OH Rate x DSC of 110% Fixed Fee (FF): FF Rate x DSC of 32% Reimbursables: Parking/Tolls Reproduction Mileage Subconsultants: Grand Total X $ $27,860.00 $30,646.00 X $ $27,860.00 $8,915.20 Date: $30.00 $250.00 $187.25 $67,888.45 Agreement Number: WSDOT Form 140-089 EF Exhibit E Page 1 of 1 Shannon & Wilson Exhibit E Subconsultant Cost Computations Project: Kitsap Lake Elementary Safe Routes to School Direct Salary Cost (DSC): Shannon & Wilson Classification Man Hours = Rate = Cost Martin Page/Officer-PM 24 X $65.67 $1,576.08 Justin Cook/Geotechnical Professional III 90 32.84 $2,955.60 Paul VanHorne/Senior Hydrogeologist 8 X 41.66 $333.28 Lori Nelson/Senior Office Services 6 X 28.94 $173.64 Sandy Cottrell/Senior Technical Services 5 X 34.81 $174.05 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 Total DSC = $5,212.65 Overhead (OH Cost -- including Salary Additives): OH Rate x DSC of 1.90 % x $ $5,212.65 $9,918.11 Fixed Fee (FF): FF Rate x DSC of 30 %x$ $5,212.65 $1,563.80 Reimbursables: reproduction $50.00 travel $250.00 Subconsultants: Drilling $3,526.00 PIT excavating $6,000.00 Grand Total $26,520.55 Date: Agreement Number: WSDOT Form 140-089 EF Exhibit E Page 1 of 1 Cultural Resource Consultants Exhibit E Subconsultant Cost Computations Project: Kitsap Lake Elemantary Safe Routes to School Project Direct Salary Cost (DSC): Classification Man Hours = Rate = Cost Principal Investigator 3 X $53.05 $159.15 Projects Manager 2 X $35.48 $70.96 Project Archaeologist 1 29 X $41.36 $1,199.44 Office Manager 2 X $38.11 $76.22 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 Total DSC = $1,505.77 Overhead (OH Cost -- including Salary Additives): OH Rate x DSC of 1.10 %x$ $1,505.77 $1,656.35 Fixed Fee (FF): FF Rate x DSC of 0.09 %x$ $1,505.77 $135.52 Reimbursables: Mileage at current IRS Rate 139 0.535 $74.37 Graphic Charges 20 0.15 $3.00 $77.37 Subconsultants: Grand Total $3,375.00 Date: 3/20/2018 Agreement Number: WSDOT Form 140-089 EF Exhibit E Page 1 of 1 Exhibit F Title V/ Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS"), which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non-discrimination: The CONSULTANT, with regard to the work performed during this AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub -consultants, including procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when this AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. 3. Solicitations for Sub -consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub -contract, including procurement of materials or leases of equipment, each potential sub - consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT's obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the AGENCY, the STATE, or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, the STATE, or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non-compliance: In the event of the CONSULTANT's non-compliance with the non- discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE, or the FHWA may determine to be appropriate, including, but not limited to: • Withholding of payments to the CONSULTANT under this AGREEMENT until the CONSULTANT complies, and/or; • Cancellation, termination, or suspension of this AGREEMENT, in whole or in part. 6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through (5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub -consultant or procurement as the STATE, the AGENCY, or FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub -consultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY enter into such litigation to protect the interests of the STATE and/or the AGENCY and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. Agreement Number: Exhibit F - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 11/01/2017 Page 1 of 1 Exhibit G Certification Documents Exhibit G -1(a) Certification of Consultant Exhibit G -1(b) Certification of 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: 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 Parametrix, Inc. whose address is 60 Washington Avenue, Suite 390, Bremerton, WA 98337 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. Parametrix, Inc. Consultant (Firm Name) r Signal` (Authorize Official o nt) Date Agreement Number: Page 1 of 1 Exhibit G -1(b) Certification of City of Bremerton I hereby certify that I am the: ❑I Mayor ❑ Other of the City of Bremerton , and Parametrix, Inc. 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 Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. W 3�zz �2olg Signature Date Agreement Number: Page 1 of 1 Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions 1. 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. 11. 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. Parametrix, Inc. Consultant (Firm Name) Signatu 1 (Authorized official of Consultant) Date ?, - 04 -/ �/ Agreement Number: Paye 1 of 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: 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. Parametrix, Inc. Consultant (Firm Name) i Signa ure (Authorized Oficial of Consultant) Date 3 - 20 -/ g` Agreement Number: page 1 of 1 Exhibit G4 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 Kitsap Lake Elem Safe Routes to School ` are accurate, complete, and current as of March 7, 2018 ". 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: Parametrix, Inc. Signature I Ll Date of Execution***: �?j " ZV — Ig lit �2 Title *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: page 1 of ! 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 $ NA The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the amount of $ NA 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: $ NA • 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 11101/2017 Page 1 of 1 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 1110112017 Page 1 of 2 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 11/01/2017 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 11/0112017 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 11101/2017 Page 2 of 2 .a►`oRo® CERTIFICATE OF LIABILITY INSURANCE IY DATE (MM/DDYYY) 3/21/2018 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 rights to the certificate holder in lieu of such endorsement(s). PRODUCER Dealey, Renton & Associates P. O. Box 12675 Oakland, CA 94604-2675 CONTACT NAME: Alison Olsen PHONE FAX No Ext : 510-465-3090 A/C Noy 510-452-2193 E-MAIL Insurance.Certificates@Dealeyrenton.com INSURERS AFFORDING COVERAGE NAIC # License #0020739 INSURER A: National Fire Insurance Co of Hartford 20478 INSURED PARAMETRI Parametrix, Inc. 1019 39th Ave. SE INSURER B: Valley Fore Insurance Company 20508 — INSURER C: Continental Insurance Company 35289 INSURER D: American Casualty Company of Reading PA 20427 Puyallup WA 98374-6502 INSURER E: XL Specialty Insurance Co. 37885 INSURER F: COVERAGES CERTIFICATE NUMBER: 584536132 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. /NSR LTR ADDITYPE OF INSURANCE INSD WVD SUER POLICY NUMBER EXP MMI DY/YYYY MM/ DYEFF T, pOLC/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 6050531366 11/1/2017 11/112018 ' EACH OCCURRENCE $1,000,000 ! CLAIMS -MADE %� OCCUR _ ` 1 j DAMAGE T RENTED Ea occurrence $ 1,000,000 IlPREMISES I MED EXP (Any one person) $ 10,000 X WA Stop Gap/EL PERSONAL & ADV INJURY $ 1,000,000 SII GEN'L AGGREGATE LIMIT APPLIES PER:', GENERAL AGGREGATE $ 2,000,000 POLICYir_X7 PRO �^ LOC JECT PRODUCTS-COMP/OP AGG $2,000,000 Stop Ga $ 1,000,000 OTHER:WA B AUTO MOBILE LIABILITY V Y 6050531352 11/1/2017 11/1/2018 COMBINEDSINGLE LIMIT (Ea a.c d. $ 1,000,000 X 'ANY AUTO BODILY INJURY (Per person) $ OWNEDSCHEDULED AUTOS ONLY AUTOS �_J X HIREDX NON -OWNED AUTOS ONLY X AUTOS ONLY BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ $ C X UMBRELLA LIAB OCCUR 6050531433 11/12017 11/112018 j EACH OCCURRENCE $ 10,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $ 10,000,000 DED X 'RETENTION $ $ D D ! WORKERS COMPENSATION AND EMPLOYERS' LIABILITY �,/ N i Y 605053138311/12017 6050531402 ' 111112018 IX PER OTH- 11112017 11/112018 STATUTE OR jANYPROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBEREXCLUDED? NIA', E.L. EACH ACCIDENT $ 1,000,000 Ili (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 E Professional Liability Claims Made Pollution Liability Included !, DPR9918654 11/12017 11112018 $1,000,000 per Claim $1,000,000 Annual Aggregate Retroactive Date: 01/01/1969 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project Name/Number: Kitsap Lake Elementary Safe Routes to School/233-1896-8AB City of Bremerton and WSDOT are named as Additional Insured as respects General and Auto Liability as required per written contract or agreement. General Liability is Primary/Non-Contributory per policy form wording. Insurance coverage includes Waiver of Subrogation per the attached. CERTIFICATE HOLDER CANCELLATION ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Bremerton ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Andrea Archer -Parsons AUTHORIZED REPRESENTATIVE 3027 Olympus Drive Bremerton WA 98310 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD CNA CNA PARAMOUNT Waiver of Transfer of Rights of Recovery Against Others to the Insurer Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART Information required to complete this Schedule, if not shown above, will be shown in the Declarations. It is understood and agreed that the condition entitled Transfer Of Rights Of Recovery Against Others To The Insurer is amended by the addition of the following: Solely with respect to the person or organization shown in the Schedule above, the Insurer waives any right of recovery the Insurer may have against such person or organization because of payments the Insurer makes for injury or damage arising out of the Named Insured's ongoing operations or your work done under a contract with that person or organization and included in the products -completed operations hazard. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75008XX (1-15) Page 1 of 1 Nat'l Fire Ins Co of Hartford Insured Name: PARAMETRIX, INC. Copyright CNA All Rights Reserved. Policy No: 6050531366 Endorsement No: 7 Effective Date: 11/01/2017 Includes copyrighted material of Insurance Services Office, Inc., with its permission. SCHEDULE Name Of Person Or Organization: ANY PERSON OR ORGANIZATION WHOM THE CONTRACT OR AGREEMENT TO WAIVE SUCH CONTRACT OR AGREEMENT: NAMED INSURED HAS AGREED IN WRITING IN A RIGHTS OF RECOVERY, BUT ONLY IF SUCH 1. IS IN EFFECT OR BECOMES EFFECTIVE DURING THE TERM OF THIS COVERAGE PART; AND 2. WAS EXECUTED PRIOR TO THE BODILY INJURY, PROPERTY DAMAGE OR PERSONAL AND ADVERTISING INJURY GIVING RISE TO THE CLAIM. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. It is understood and agreed that the condition entitled Transfer Of Rights Of Recovery Against Others To The Insurer is amended by the addition of the following: Solely with respect to the person or organization shown in the Schedule above, the Insurer waives any right of recovery the Insurer may have against such person or organization because of payments the Insurer makes for injury or damage arising out of the Named Insured's ongoing operations or your work done under a contract with that person or organization and included in the products -completed operations hazard. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75008XX (1-15) Page 1 of 1 Nat'l Fire Ins Co of Hartford Insured Name: PARAMETRIX, INC. Copyright CNA All Rights Reserved. Policy No: 6050531366 Endorsement No: 7 Effective Date: 11/01/2017 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. The WHO IS AN INSURED section is amended to add as an Insured any person or organization whom the Named Insured is required by written contract to add as an additional insured on this coverage part, including any such person or organization, if any, specifically set forth on the Schedule attachment to this endorsement. However, such person or organization is an Insured only with respect to such person or organization's liability for: A. unless paragraph B. below applies, 1. bodily injury, property damage, or personal and advertising injury caused in whole or in part by the acts or omissions by or on behalf of the Named Insured and in the performance of such Named Insured's ongoing operations as specified in such written contract; or 2. bodily injury or property damage caused in whole or in part by your work and included in the products -completed operations hazard, and only if a. the written contract requires the Named Insured to provide the additional insured such coverage; and b. this coverage part provides such coverage. B. bodily injury, property damage, or personal and advertising injury arising out of your work described in such written contract, but only if: 1. this coverage part provides coverage for bodily injury or property damage included within the products completed operations hazard; and 2. the written contract specifically requires the Named Insured to provide additional insured coverage under the 11-85 or 10-01 edition of CG2010 or the 10-01 edition of CG2037. II. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. III. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. IV. Notwithstanding anything to the contrary in the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance, this insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or any other basis. However, if this insurance CNA75079XX (1-15) Page 1 of 2 Policy No: 6050531366 Endorsement No: Effective Date: 11/01/2017 Insured Name: Parametrix, Inc. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement is required by written contract to be primary and non-contributory, this insurance will be primary and non- contributory relative solely to insurance on which the additional insured is a named insured. V. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. except as provided in Paragraph IV. of this endorsement, agree to make available any other insurance the additional insured has for any loss covered under this coverage part; 3. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 4, tender the defense and indemnity of any claim to any other insurer or self insurer whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph (4) does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires the Named Insured to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX (1-15) Page 2 of 2 Policy No: 6050531366 Endorsement No: Effective Date: 11/01/2017 Insured Name: Parametrix, Inc. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA63359XX (Ed. 04/12) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS EXTENDED COVERAGE ENDORSEMENT - BUSINESS AUTO PLUS - This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILITY COVERAGE A. Who Is An Insured The following is added to Section II, Paragraph A.1., Who Is An Insured: 1. a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b. The insurance afforded by this provision A.I. does not apply to any such entity that is an "insured" under any other liability "policy' providing "auto" coverage. 2. Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest. The insurance afforded by this provision A.2.: a. Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. b. Does not apply to: (1) "Bodily injury" or "property damage" caused by an "accident" that occurred before you acquired or formed the organization; or (2) Any such organization that is an "insured" under any other liability "policy" providing "auto" coverage. 3. Any person or organization that you are required by a written contract to name as an additional insured is an "insured" but only with respect to their legal liability for acts or omissions of a person, who qualifies as an "insured" under Section II — Who Is An Insured and for whom Liability Coverage is afforded under this policy. If required by written contract, this insurance will be primary and non-contributory to insurance on which the additional insured is a Named Insured. 4. An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. "Policy," as used in this provision A. Who Is An Insured, includes those policies that were in force on the inception date of this Coverage Form but: 1. Which are no longer in force; or 2. Whose limits have been exhausted. B. Bail Bonds and Loss of Earnings Section II, Paragraphs A.2. (2) and A.2. (4) are revised as follows: 1. In a.(2), the limit for the cost of bail bonds is changed from $2,000 to $5,000; and 2. In a.(4), the limit for the loss of earnings is changed from $250 to $500 a day. C. Fellow Employee Section II, Paragraph B.5 does not apply. Such coverage as is afforded by this provision C. is excess over any other collectible insurance. II. PHYSICAL DAMAGE COVERAGE A. Glass Breakage — Hitting A Bird Or Animal — Falling Objects Or Missiles The following is added to Section III, Paragraph A.3.: With respect to any covered "auto," any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. B. Transportation Expenses Section III, Paragraph AA.a. is revised, with respect to transportation expense incurred by you, to provide: a. $60 per day, in lieu of $20; subject to b. $1,800 maximum, in lieu of $600. CNA63359XX Copyright, CNA Corporation, 2000. Page 1 of 3 (Ed. 04/12) Includes copyrighted material of the Insurance Services Office used with its permission. C. Loss of Use Expenses Section III, Paragraph AA.b. is revised, with respect to loss of use expenses incurred by you, to provide: a. $1,000 maximum, in lieu of $600. D. Hired "Autos" The following is added to Section III Paragraph A.: 5. Hired "Autos" If Physical Damage coverage is provided under this policy, and such coverage does not extend to Hired Autos, then Physical Damage coverage is extended to: a. Any covered "auto" you lease, hire, rent or borrow without a driver; and b. Any covered "auto" hired or rented by your "employee" without a driver, under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. c. The most we will pay for any one "accident" or "loss" is the actual cash value, cost of repair, cost of replacement or $75,000, whichever is less, minus a $500 deductible for each covered auto. No deductible applies to "loss" caused by fire or lightning. d. The physical damage coverage as is provided by this provision is equal to the physical damage coverage(s) provided on your owned "autos." e. Such physical damage coverage for hired "autos" will: (1) Include loss of use, provided it is the consequence of an "accident" for which the Named Insured is legally liable, and as a result of which a monetary loss is sustained by the leasing or rental concern. (2) Such coverage as is provided by this provision will be subject to a limit of $750 per "accident." E. Airbag Coverage The following is added to Section III, Paragraph B.3.: The accidental discharge of an airbag shall not be considered mechanical breakdown. F. Electronic Equipment CNA63359XX (Ed. 04/12) Section III, Paragraphs B.4.c and B.4.d. are deleted and replaced by the following: c. Physical Damage Coverage on a covered "auto" also applies to "loss" to any permanently installed electronic equipment including its antennas and other accessories. d. A $100 per occurrence deductible applies to the coverage provided by this provision. G. Diminution In Value The following is added to Section III, Paragraph B.6.: Subject to the following, the "diminution in value" exclusion does not apply to: a. Any covered "auto" of the private passenger type you lease, hire, rent or borrow, without a driver for a period of 30 days or less, while performing duties related to the conduct of your business; and b. Any covered "auto" of the private passenger type hired or rented by your "employee" without a driver for a period of 30 days or less, under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. c. Such coverage as is provided by this provision is limited to a "diminution in value" loss arising directly out of accidental damage and not as a result of the failure to make repairs; faulty or incomplete maintenance or repairs; or the installation of substandard parts. d. The most we will pay for "loss" to a covered "auto" in any one accident is the lesser of: (1) $5,000; or (2) 20% of the "auto's" actual cash value (ACV). M. Drive Other Car Coverage — Executive Officers The following is added to Sections II and III: 1. Any "auto" you don't own, hire or borrow is a covered "auto" for Liability Coverage while being used by, and for Physical Damage Coverage while in the care, custody or control of, any of your "executive officers," except: a. An "auto" owned by that "executive officer" or a member of that person's household; or CNA63359XX Copyright, CNA Corporation, 2000. Page 2 of 3 (Ed. 04/12) Includes copyrighted material of the Insurance Services Office used with its permission. CNA b. An "auto" used by that "executive officer" while working in a business of selling, servicing, repairing or parking "autos." Such Liability and/or Physical Damage Coverage as is afforded by this provision. (1) Equal to the greatest of those coverages afforded any covered "auto"; and (2) Excess over any other collectible insurance. 2. For purposes of this provision, "executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document, and, while a resident of the same household, includes that person's spouse. Such "executive officers" are "insureds" while using a covered "auto" described in this provision. IV. BUSINESS AUTO CONDITIONS A. Duties In The Event Of Accident, Claim, Suit Or Loss The following is added to Section IV, Paragraph A.2.a.: (4) Your "employees" may know of an "accident" or "loss." This will not mean that you have such knowledge, unless such "accident" or "loss" is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. The following is added to Section IV, Paragraph A.2.b.: (6) Your "employees" may know of documents received concerning a claim or "suit." This will not mean that you have such knowledge, unless receipt of such documents is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. B. Transfer Of Rights Of Recovery Against Others To Us CNA63359XX (Ed. 04/12) The following is added to Section IV, Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have, because of payments we make for injury or damage, against any person or organization for whom or which you are required by written contract or agreement to obtain this waiver from us. This injury or damage must arise out of your activities under a contract with that person or organization. You must agree to that requirement prior to an "accident" or "loss." C. Concealment, Misrepresentation or Fraud The following is added to Section IV, Paragraph B.2.: Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not prejudice you with respect to the coverage afforded provided such failure or omission is not intentional. D. Other Insurance The following is added to Section IV, Paragraph B.5.: Regardless of the provisions of Paragraphs 5.a. and 5.d. above, the coverage provided by this policy shall be on a primary non-contributory basis. This provision is applicable only when required by a written contract. That written contract must have been entered into prior to "Accident" or "Loss." E. Policy Period, Coverage Territory Section IV, Paragraph B. 7.(5).(a). is revised to provide: a. 45 days of coverage in lieu of 30 days. V. DEFINITIONS Section V. Paragraph C. is deleted and replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish, mental injury or death resulting from any of these. CNA63359XX Copyright, CNA Corporation, 2000. Page 3 of 3 (Ed. 04/12) Includes copyrighted material of the Insurance Services Office used with its permission. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 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 anyone not named in the Schedule. Schedule This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Insurance Company Countersigned by Premium $ WC 00 03 13 (Ed. 4-84) Copyright 1983 National Council on Compensation Insurance. s 101-L .. Washington State VAf Department of Transportation Supplemental Agreement Organization and Address Number .l._ Parametrix, Inc. Original Agreement Number 60 Washington Avenue, Suite 390 j Bremerton, WA 98337 Federal Aid # SRTS-6590 (002) _ Phone: 360/377-0014 Project Number Execution Date JCompletion Date October 8, 2018 December 31, 2019 Project Title New Maximum Amount Payable Kitsap Lake Elementary Safe Routes to School 1 $295,781.06 Description of Work Project involves construction of Amerians with Disabilities Act (ADA) -compliant sidewalks, and other improvements to encourage students to work or bicycle to Kitsap Lake Elementary School. W41 k The Local Agency of Ci(\ of Bremerton___..__,_„. . desires to supplement the agreement entered in to with Parametrix. Inc. and executed on March 22. 2018 _._.. and identified as Agreement No. Federal Aid # SRTS-6590 1 002 ) _ All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 1, SCOPE OF WORK, is hereby changed to read: Scope of Work provides for the addition of a frill width HMA overlay to Harlow Drive to final design. Our proposed budget is attached Exhibit D. Subconsultant (PH) SOW and budget (Exhibit E), are also attached. 11 Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: NqChance. Itl Section V, PAYMENT, shall be amended as follows: Additional budget, as attached, for an additional amount of $15,782.97, as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate spaces below and return to this office for final action. By: (X j to °`Y t i�_ a "�' By: �f r Consultant Signature Approving Authority Signature Date DOT Form 140-063 Revised 09/2005 I City of Bremerton Kitsap Lake Elementary Safe Routes to School Supplement 1 INTRODUCTION This scope of work (SOW) provides for the addition of a full width HMA overlay to Harlow Drive to final design. Our proposed budget is attached as Local Agency Guidelines (LAG) Exhibit D. Subconsultant (PH) SOW and budget are also attached. PHASE 1 — ENGINEERING DESIGN Objective Add full width HMA overlay to Harlow Drive. Activities The following activities will be performed: • Update 12 plan and profile sheets, typical sections, and details to show full width overlay. • Include overlay in cost estimates and special provisions. Deliverables Deliverables associated with this task are provided below. Note that some plan sheets are provided by our subconsultant, PH Consulting. 60%, 90%, and Bid Set cost estimates • Updated plans and profile sheets (12), typical sections (1), details (1), cost estimates, and special provisions. Assumptions The following assumptions apply to this task: • NA Objective Subconsultant PH Consulting's detailed SOW and budget are attached. EXHIBIT A SCOPE OF WORK Supplement 1 City of Bremerton Kitsap Lake Elementary Safe Routes to School Subconsultant DBE PH Consulting INTRODUCTION PH Consulting LLC, contracted with Parametrix, Inc on March 28, 2018 to perform scope of services for the above referenced project. The City of Bremerton requested scope and fee for a Supplement to the original contract to add design services in August of 2018 for a full depth overlay within the roadway limits of the project. Subconsultant services would include additional channelization and signing for the total existing project limits Specific tasks for Supplement 1 to Phase 1 — Engineering Design Phase are described below. PHASE 1 — ENGINEERING DESIGN supplement 1 Task 1 Project Management and Meetings PH Increased Activities: None Assumptions: • Project duration for design services will be 12 months (March 2018 through February 2019) • No additional field work is required. Task 2 Alternatives Analysis: None Assumptions: • No additional alternative analysis is required. Task 3 Environmental Documentation: None Assumptions: No additional alterative analysis is required. Task 4 Preliminary Design (30%): None Assumptions: 30% Phase milestone reached. Task 5 60%, 90%, and Bid Set PS&E Additional work is to prepare 60%, 90%, and Bid Set plans, specifications, and cost estimates for the roadway and utility improvements with included a full depth overlay. Anticipated new work includes additional channelization, pavement markings, sign relocations, and utility coordination, • 60%, 90%, and Bid Sets Anticipate ➢ Channelization, Signing, and Pavement Markings (12) Sheets ➢ Standard Details ➢ Cost estimates in Bid Tab ➢ GSPs, Special Provisions, and applicable Amendments Agreement Number: WSDOT Form 140-089 EF Exhibit D Page 1 of 1 Exhibit D Prime Consultant Cost Computations Project: Kitsap Lake Elementary Safe Routes to School SUPPLEMENT 1 Direct Salary Cost (DSC): Classification Hours = Rate = Cost Sr. Consultant (Project Manager) 2 X $69.35 $138.70 Engineer II 24 X $35.80 $859.20 Sr. Project Coordinator 2 X $28.56 $57.12 Project Controls Specialist 0 X $34.60 $0.00 Project Accountant 1 X $27.95 $27.95 Sr. Contracts Administrator 1 X $42.45 $42.45 Sr. Publications Specialist 0 X $30.87 $0.00 X $0.00 X $0.00 X $0.00 Total DSC = $1,125.42 Overhead (OH Cost -- including Salary Additives): OH Rate x DSC of 1.8776 x $ $1,125.42 $2,113.09 Fixed Fee (FF): FF Rate x DSC of 21.00% x $ $1,125.42 $236.34 Reimbursables: Mileage 0 miles x $0.54 $0.00 Survey Equipment 0 days x $140.00 $0.00 Subconsultants: PH Consulting $12,308.12 Grand Total $15,782.97 Date: Agreement Number: WSDOT Form 140-089 EF Exhibit D Page 1 of 1 Exhibit E Subconsultant Cost Computations PH Consulting LLC Project: Kitsap Lake Elementary Safe Routes to School Supplement 1 Direct Salary Cost (DSC): Classification Man Hours = Rate = Cost Senior Project Manager 11 X $70.00 $770.00 Project Manager 46 $56.00 $2,576.00 CAD Designer 0 X $40.00 $0.00 CAD Technician 58 X $30.00 $1,740.00 Office Admin 0 X $30.00 $0.00 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 Total DSC = $5,086.00 Overhead (OH Cost -- including Salary Additives): OH Rate x DSC of 110% x $ $5,086.00 $5,594.60 Fixed Fee (FF): FF Rate x DSC of 32% x $ $5,086.00 $1,627.52 Reimbursables: Parking/Tolls Reproduction Mileage Subconsultants: Grand Total $12,308.12 Date: Agreement Number: WSDOT Form 140-089 EF Exhibit E Page 1 of 1 / ACOR" CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 10/10/2018 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 rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Alison Olsen Dealey, Renton & Associates PHONE FAX P. O. Box 12675 A/C No Ext): 510-465-3090 AIC No): 510-452-2193 E-MOakland, ADDRESS: Insurance.Certificates@Dealeyrenton.com CA 94604-2675 INSURER(S) AFFORDING COVERAGE NAIC # License #0020739 INSURERA: National Fire Insurance Co of Hartford 20478 INSURED PARAMETRI INSURER B: Valley Forge Insurance Company 20508 Parametrix, Inc. DAMAGE TO RENTED PREMISES Ea occurrence 1019 39th Ave. SE Suite 100 INSURERC: Continental Insurance Company 35289 INSURER D: American Casualty Company of Reading PA 20427 Puyallup, WA 98374 INSURER E: XL Specialty Insurance Co. 37885 (253) 604-6600 INSURER F, COVERAGES CERTIFICATE NUMBER: 2124184783 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 LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM/DDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 6050531366 11/1/2018 11/1/2019 EACH OCCURRENCE $1,000,000 CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 1,000,000 X MED EXP (Any one person) $ 10,000 WA Stop Gap/EL PERSONAL & ADV INJURY $ 1,000,000 AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 GEN'L POLICY ❑X PRO- ❑ LOC JECT PRODUCTS - COMP/OP AGG $ 2,000,000 WA Stop Gap $ 1,000,000 OTHER: B AUTOMOBILE LIABILITY Y Y 6050531352 11/1/2018 11/1/2019 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ X HIRED�( NON -OWNED AUTOS ONLY AUTOS ONLY C X UMBRELLA LIAB X OCCUR 6050531433 11/1/2018 11/1/2019 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 EXCESS LIAB CLAIMS -MADE DED X RETENTION $ 0 $ D D WORKERS COMPENSATION AND EMPLOYERS'LIABILITY Y/N Y 6050531383 6050531402 11/1/2018 11/1/2018 11/1/2019 11/1/2019 X PER 'TH- STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 E Professional Liability DPR9932956 11/1/2018 11/1/2019 $1,000,000 per Claim Claims Made $1,000,000 Annual Aggregate Pollution Liability Included Retroactive Date: 01/01/1969 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Umbrella Liability policy is a follow -form to underlying General Liability/Auto Liability/Employers Liability. Project Name/Number: Kitsap Lake Elementary Safe Routes to School/233-1896-8AB City of Bremerton and WSDOT are named as Additional Insured as respects General and Auto Liability as required per written contract or agreement. General Liability is Primary/Non-Contributory per policy form wording. Insurance coverage includes Waiver of Subrogation per the attached. CERTIFICATE HOLDER CANCELLATION ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Bremerton ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Andrea Archer -Parsons AUTHORIZED REPRESENTATIVE 3027 Olympus Drive Bremerton WA 98310 i1 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD CNA CNA PARAMOUNT Waiver of Transfer of Rights of Recovery Against Others to the Insurer Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART Information required to complete this Schedule, if not shown above, will be shown in the Declarations. It is understood and agreed that the condition entitled Transfer Of Rights Of Recovery Against Others To The Insurer is amended by the addition of the following: Solely with respect to the person or organization shown in the Schedule above, the Insurer waives any right of recovery the Insurer may have against such person or organization because of payments the Insurer makes for injury or damage arising out of the Named Insured's ongoing operations or your work done under a contract with that person or organization and included in the products -completed operations hazard. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75008XX (1-15) Page 1 of 1 Nat'l Fire Ins Co of Hartford Insured Name: PARAMETRIX, INC. Copyright CNA All Rights Reserved Policy No: 6050531366 Endorsement No: 7 Includes copyrighted material of Insurance Services Office, Inc., with its permission. SCHEDULE Name Of Person Or Organization: ANY PERSON OR ORGANIZATION WHOM THE CONTRACT OR AGREEMENT TO WAIVE SUCH CONTRACT OR AGREEMENT: NAMED INSURED HAS AGREED IN WRITING IN A RIGHTS OF RECOVERY, BUT ONLY IF SUCH 1. IS IN EFFECT OR BECOMES EFFECTIVE DURING THE TERM OF THIS COVERAGE PART; AND 2. WAS EXECUTED PRIOR TO THE BODILY INJURY, PROPERTY DAMAGE OR PERSONAL AND ADVERTISING INJURY GIVING RISE TO THE CLAIM. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. It is understood and agreed that the condition entitled Transfer Of Rights Of Recovery Against Others To The Insurer is amended by the addition of the following: Solely with respect to the person or organization shown in the Schedule above, the Insurer waives any right of recovery the Insurer may have against such person or organization because of payments the Insurer makes for injury or damage arising out of the Named Insured's ongoing operations or your work done under a contract with that person or organization and included in the products -completed operations hazard. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75008XX (1-15) Page 1 of 1 Nat'l Fire Ins Co of Hartford Insured Name: PARAMETRIX, INC. Copyright CNA All Rights Reserved Policy No: 6050531366 Endorsement No: 7 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors -with Products -Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. The WHO IS AN INSURED section is amended to add as an Insured any person or organization whom the Named Insured is required by written contract to add as an additional insured on this coverage part, including any such person or organization, if any, specifically set forth on the Schedule attachment to this endorsement. However, such person or organization is an Insured only with respect to such person or organization's liability for: A. unless paragraph B. below applies, 1. bodily injury, property damage, or personal and advertising injury caused in whole or in part by the acts or omissions by or on behalf of the Named Insured and in the performance of such Named Insured's ongoing operations as specified in such written contract; or 2. bodily injury or property damage caused in whole or in part by your work and included in the products - completed operations hazard, and only if a. the written contract requires the Named Insured to provide the additional insured such coverage; and b. this coverage part provides such coverage. B. bodily injury, property damage, or personal and advertising injury arising out of your work described in such written contract, but only if: 1. this coverage part provides coverage for bodily injury or property damage included within the products completed operations hazard; and 2. the written contract specifically requires the Named Insured to provide additional insured coverage under the 11-85 or 10-01 edition of CG2010 or the 10-01 edition of CG2037. II. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. III. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. IV. Notwithstanding anything to the contrary in the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance, this insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or any other basis. However, if this insurance is required by written CNA75079XX (1-15) Policy No: 6050531366 Page 1 of 2 Endorsement No: 5 Nat'l Fire Ins Co of Hartford Insured Name: PARAMETRIX, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors -with Products -Completed Operations Coverage Endorsement contract to be primary and non-contributory, this insurance will be primary and non-contributory relative solely to insurance on which the additional insured is a named insured. V. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. except as provided in Paragraph IV. of this endorsement, agree to make available any other insurance the additional insured has for any loss covered under this coverage part; 3. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 4. tender the defense and indemnity of any claim to any other insurer or self insurer whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph (4) does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires the Named Insured to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX (1-15) Page 2 of 2 Nat'l Fire Ins Co of Hartford Insured Name: PARAMETRIX, INC. Copyright CNA All Rights Reserved Policy No: 6050531366 Endorsement No: 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA63359XX (Ed. 04/12) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS EXTENDED COVERAGE ENDORSEMENT - BUSINESS AUTO PLUS - This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILITY COVERAGE A. Who Is An Insured The following is added to Section II, Paragraph A.1., Who Is An Insured: 1. a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b. The insurance afforded by this provision A.1. does not apply to any such entity that is an "insured" under any other liability "policy" providing "auto" coverage. 2. Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest. The insurance afforded by this provision A.2.: a. Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. b. Does not apply to: (1) "Bodily injury" or "property damage" caused by an "accident" that occurred before you acquired or formed the organization; or (2) Any such organization that is an "insured" under any other liability "policy" providing "auto" coverage. 3. Any person or organization that you are required by a written contract to name as an additional insured is an "insured" but only with respect to their legal liability for acts or omissions of a person, who qualifies as an "insured" under Section II — Who Is An Insured and for whom Liability Coverage is afforded under this policy. If required by written contract, this insurance will be primary and non-contributory to insurance on which the additional insured is a Named Insured. 4. An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. "Policy," as used in this provision A. Who Is An Insured, includes those policies that were in force on the inception date of this Coverage Form but: 1. Which are no longer in force; or 2. Whose limits have been exhausted. B. Bail Bonds and Loss of Earnings Section II, Paragraphs A.2. (2) and A.2. (4) are revised as follows: 1. In a.(2), the limit for the cost of bail bonds is changed from $2,000 to $5,000; and 2. In a.(4), the limit for the loss of earnings is changed from $250 to $500 a day. C. Fellow Employee Section II, Paragraph B.5 does not apply. Such coverage as is afforded by this provision C. is excess over any other collectible insurance. II. PHYSICAL DAMAGE COVERAGE A. Glass Breakage — Hitting A Bird Or Animal — Falling Objects Or Missiles The following is added to Section III, Paragraph A.3.: With respect to any covered "auto," any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. B. Transportation Expenses Section III, Paragraph A.4.a. is revised, with respect to transportation expense incurred by you, to provide: a. $60 per day, in lieu of $20; subject to b. $1,800 maximum, in lieu of $600. C. Loss of Use Expenses Section III, Paragraph AA.b. is revised, with respect to loss of use expenses incurred by you, to provide: a. $1,000 maximum, in lieu of $600. CNA63359XX Copyright, CNA Corporation, 2000. (Ed. 04/12) Includes copyrighted material of the Insurance Services Office used with its permission. Page 1 of 3 D. Hired "Autos" The following is added to Section III. Paragraph A.: 5. Hired "Autos" If Physical Damage coverage is provided under this policy, and such coverage does not extend to Hired Autos, then Physical Damage coverage is extended to: a. Any covered "auto" you lease, hire, rent or borrow without a driver; and b. Any covered "auto" hired or rented by your "employee" without a driver, under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. c. The most we will pay for any one "accident" or "loss" is the actual cash value, cost of repair, cost of replacement or $75,000, whichever is less, minus a $500 deductible for each covered auto. No deductible applies to "loss" caused by fire or lightning. d. The physical damage coverage as is provided by this provision is equal to the physical damage coverage(s) provided on your owned "autos." e. Such physical damage coverage for hired "autos" will: (1) Include loss of use, provided it is the consequence of an "accident" for which the Named Insured is legally liable, and as a result of which a monetary loss is sustained by the leasing or rental concern. (2) Such coverage as is provided by this provision will be subject to a limit of $750 per "accident." E. Airbag Coverage The following is added to Section III, Paragraph B.3.: The accidental discharge of an airbag shall not be considered mechanical breakdown. F. Electronic Equipment Section III, Paragraphs B.4.c and B.4.d. are deleted and replaced by the following: Physical Damage Coverage on a covered "auto" also applies to "loss" to any permanently installed electronic equipment including its antennas and other accessories. CNA63359XX (Ed. 04/12) d. A $100 per occurrence deductible applies to the coverage provided by this provision. G. Diminution In Value The following is added to Section III, Paragraph B.6.: Subject to the following, the "diminution in value" exclusion does not apply to: a. Any covered "auto" of the private passenger type you lease, hire, rent or borrow, without a driver for a period of 30 days or less, while performing duties related to the conduct of your business; and b. Any covered "auto" of the private passenger type hired or rented by your "employee" without a driver for a period of 30 days or less, under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. Such coverage as is provided by this provision is limited to a "diminution in value" loss arising directly out of accidental damage and not as a result of the failure to make repairs; faulty or incomplete maintenance or repairs; or the installation of substandard parts. d. The most we will pay for "loss" to a covered "auto" in any one accident is the lesser of: (1) $5,000; or (2) 20% of the "auto's" actual cash value (ACV). III. Drive Other Car Coverage — Executive Officers The following is added to Sections II and III: 1. Any "auto" you don't own, hire or borrow is a covered "auto" for Liability Coverage while being used by, and for Physical Damage Coverage while in the care, custody or control of, any of your "executive officers," except: a. An "auto" owned by that "executive officer' or a member of that person's household; or b. An "auto" used by that "executive officer' while working in a business of selling, servicing, repairing or parking "autos." Such Liability and/or Physical Damage Coverage as is afforded by this provision. (1) Equal to the greatest of those coverages afforded any covered "auto"; and CNA63359XX Copyright, CNA Corporation, 2000. Page 2 of 3 (Ed. 04/12) Includes copyrighted material of the Insurance Services Office used with its permission. (2) Excess over any other collectible insurance. 2. For purposes of this provision, "executive officer' means a person holding any of the officer positions created by your charter, constitution, by- laws or any other similar governing document, and, while a resident of the same household, includes that person's spouse. Such "executive officers" are "insureds" while using a covered "auto" described in this provision. IV. BUSINESS AUTO CONDITIONS A. Duties In The Event Of Accident, Claim, Suit Or Loss The following is added to Section IV, Paragraph A.2.a.. (4) Your "employees" may know of an "accident" or "loss." This will not mean that you have such knowledge, unless such "accident" or "loss" is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. The following is added to Section IV, Paragraph A.2. b.: (6) Your "employees" may know of documents received concerning a claim or "suit." This will not mean that you have such knowledge, unless receipt of such documents is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. B. Transfer Of Rights Of Recovery Against Others To Us The following is added to Section IV, Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have, because of payments we make for injury or CNA63359XX (Ed. 04/12) damage, against any person or organization for whom or which you are required by written contract or agreement to obtain this waiver from us. This injury or damage must arise out of your activities under a contract with that person or organization. You must agree to that requirement prior to an "accident" or "loss." C. Concealment, Misrepresentation or Fraud The following is added to Section IV, Paragraph B.2.: Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not prejudice you with respect to the coverage afforded provided such failure or omission is not intentional. D. Other Insurance The following is added to Section IV, Paragraph B.5.: Regardless of the provisions of Paragraphs 5.a. and 5.d. above, the coverage provided by this policy shall be on a primary non-contributory basis. This provision is applicable only when required by a written contract. That written contract must have been entered into prior to "Accident" or "Loss." E. Policy Period, Coverage Territory Section IV, Paragraph B. 7.(5).(a). is revised to provide: a. 45 days of coverage in lieu of 30 days. V. DEFINITIONS Section V. Paragraph C. is deleted and replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish, mental injury or death resulting from any of these. CNA63359XX Copyright, CNA Corporation, 2000. (Ed. 04/12) Includes copyrighted material of the Insurance Services Office used with its permission. Page 3 of 3 CNA Workers Compensation And Employers Liability Insurance Policy Endorsement 1 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 shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any Person or Organization on whose behalf you are required to obtain this waiver of our right to recover from under a written contract or agreement. The premium charge for the endorsement is reflected in the Schedule of Operations. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: WC 00 03 13 (04-1984) Policy No: 6 50531402 Endorsement No: 3; Page: 1 of 1 Underwriting Company: American Casualty Company of Reading, Pennsylvania, 333 S Wabash Ave, Chicago, IL 60604 Copyright 1983 National Council on Compensation Insurance. Awb► Washington State Tl/r Department of Transportation Supplemental Agreement Number Original Agreement Number Federal Aid 4 SRTS-6590 (002) Organization and Address Parametrix, Inc. 60 Washington Avenue, Suite 390 Bremerton, WA 98337 Phone: 360/377-0014 I Project Number Execution Date Completion Date December 5, 2018 December 31, 2019 Project Title New Maximum Amount Payable Kitsap Lake Elementary Safe Routes to School $403,746.06 Description of Work Project involves construction of Amerians with Disabilities Act (ADA) -compliant sidewalks, and other students to walk or bicycle to Kitsap Lake Elementary School. The Local Agency of CitN of Bremerton desires to supplement the agreement entered in to with Pammetrix. Ine._ and executed on -March 22,_2018_.__.._ and identified as Agreement No. Federal flid 4 SRTS-6590 (002) All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: I Section 1, SCOPE OF WORK, is hereby changed to read: Scope of Work provides for the addition of Right -of -Way Services to acquire permanent and temporary easements in compliance with the Uniform Relocation Act. Our proposed budget and scope of work are attached, the subconsultant is Universal Field Services. 11 Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: No Change. III Section V, PAYMENT, shall be amended as follows: Additional budget, as attached, for an additional amount of $107,965.00. as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate spaces below and return to this office for final action. By. T Consultant �i gnature DOT Form 140-063 Revised 09/2005 t Ver Approving Authority Signature 12 1Z- 2V1- Da November 212018 Scope of Work Kitsap Lake Elementary Safe Routes to School Right of Way Acquisition Services vnrrvsztsn*- ne.e i�imn�, ne. It is understood federal funds are participating in the project and it is assumed federal funds are allocated to the Right of Way Phase. Therefore, Universal Field Services (UFS) will complete all Right of Way activities per the City's WSDOT approved Right of Way acquisition policies and procedures, WSDOT's Local Agency Guidelines - Section 25 (Right of Way Procedures) and the federal Uniform Relocation Assistance and Real Property Acquisitions Policies Act (URA). Based upon the information provided to date and City direction, it appears seventeen (17) separate tax parcels will require various real property rights as shown in Table A below. This scope of work is based on the following: ■ Review of preliminary schematic exhibits provided by Parametrix ■ Discussions with the City's design team — Parametrix ■ Direction provided by City staff • Recent tour of the project limits • Review of limited public online ownership information ■ Right of Way Plans were not provided at this time • Slope areas to be included in Permanent Sidewalk Easements in lieu of separate Slope Easements. A. Preparation and Administration — Upon Notice to Proceed, UFS staff will attend a kick off meeting with the City and its design team (Parametrix) to obtain additional project information including: available contact information for property owners; discuss material and information needed from Parametrix (ROW Plan, Legal Descriptions, Exhibits, Staking, etc), along with any additional information that will assist in the right of way acquisition process. UFS will participate in up to four (4) progress meetings via conference calls and provide up to four (4) monthly progress and tracking reports when invoicing. UFS will provide sample templates of all acquisition documents (offer letters, deeds, easements, right of entries, consents, etc.) for the City's review and approval for project use. All forms and documents will comply with City's standards and in accordance with statutory requirements. The City's pre -approved documents will be used when provided. UFS will maintain acquisition records in accordance with statutory, regulatory and policy requirements. It is understood coordination with Parametrix may be necessary to finalize and obtain the project Right of Way plan, legal descriptions and acquisition exhibits for all the real property rights to be acquired. It is assumed these items will be provided prior to commencing sub -Task D below. For each parcel impacted, prepare acquisition files to include fair offer letters, a standard diary form indicating all contacts with owner(s), recording and ancillary documents, and other items necessary to complete the work. Deliverables: • Attend Project Kickoff Meeting (3 UFS Staff) — City Office. • Attend four (4) Progress Meetings (2 UFS Staff) — Conference call. • Provide four (4) Monthly Progress Reports. • Coordinate City approval of Acquisition forms and documents for project use. • Coordinate with the City's design team — Parametrix. B. Title - Ownership Review — It is assumed the City or Parametrix will provide title reports for all properties impacted requiring permanent real property rights, If requested, UFS will order title reports, updates and title supplements assuming the title company bills the City or Parametrix directly. Upon receipt of title reports, UFS staff will conduct initial reviews of each report to assess potential complications including conflicts from utility encumbrances, etc., that may pose obstacles or delays to the acquisition closing process. 1of5 November 2, 2018 vxzvsz:s uz. sa. A Parcel Title Summary Memo will be prepared for each parcel requiring permanent real property rights listing encumbrances and exceptions with recommendations to the City on how to resolve each. Deliverables: • Prepare up to seventeen (17) Parcel Title Summary Memo's. C. Public Outreach— UFS will assist the City in preparation of an "Introduction Informational Letter" for delivery by the City on City letterhead to each property owner shown in Table A below. The letter will describe the purpose of the project; the project schedule; identify the City's consultants (Parametrix, UFS, etc.) and the purpose of each firm. Deliverable: • Sample "Introduction Informational Letter" D. Project Funding Estimate (PFE) — UFS will subcontract and manage completion of the PFE through our state licensed and WSDOT approved appraiser. The PFE will be prepared in accordance with the City's WSDOT approved Right of Way Acquisition procedures, and WSDOT's Local Agency Guidelines — Section 25 (Right of Way Procedures). It is assumed up to seventeen (17) separate tax parcels and four (4) tenants will be included in the PFE. The four (4) tenants are included only for the purposes of showing negotiation time towards review of lease agreements and securing "Consent Agreements" — no compensation to tenant. Generally, the PFE is a tool to be used for confirming estimated Right of Way costs and primarily for consideration of utilizing the Appraisal Waiver process when the estimated amounts of just compensation to property owners are at or below the City's WSDOT approved Appraisal Waiver limit and when the acquisition is uncomplicated. As part of the PFE, individual parcel worksheets will be prepared to estimate the amount of just compensation using confirmed comparable sales data determined by the appraiser and information obtained from City approved Right of Way plans, All parcel worksheets will be combined into a project summary worksheet for review by the City. For those parcels that qualify for the Appraisal Waiver process, individual parcel worksheets described above will be converted to Administrative Offer Summary (AOS) worksheets in -lieu of Appraisals. Offers to property owners that are based on AOS worksheets are considered Administrative offers. (Note. Completion of the PFE is required to take advantage of the Appraisal Waiver process. For offers of $10,001 or more up to $25,000, property owners must be informed in writing if the offer is not based on an appraisal and that an appraisal will be provided if requested. This requirement could have a slight impact on the project schedule and budget). Deliverables: • Project Funding Estimate to include seventeen (17) tax parcels and four (4) residential tenants. • UFS will coordinate submittal of the completed PFE to WSDOT for review and acceptance E. FHWA Funds Authorization for ROW —Shortly after the Right of Way Plans and the PFE have been submitted to WSDOT and upon obtaining NEPA clearance, the City would typically receive a letter from FHWA through WSDOT Local Programs authorizing the use of federal funds to acquire Right of Way. This letter of authorization is required for the City to receive federal funding participation and reimbursement for costs incurred with Appraisal, Appraisal Review, and Acquisition Negotiations. This step in the process is required when federal funds are allocated to the Right of Way Phase. Deliverable: N/A - For informational purposes only 2of5 November 2, 2018 a�aa"s uxivExsru. Appraisal / Appraisal Review / Administrative Offer Summary Worksheets — Upon completion of the PFE, receipt of the "Obligation Letter" and upon direction by the City, the real property valuation process will begin. With results of the PFE discussed above and in consideration of the City's appraisal waiver limit of $25,000, UFS will coordinate with the City to determine which parcels will require AOS Worksheets, Appraisals and Appraisal Review reports. For efficiency, Appraisal reports are typically prepared by the appraiser who completed the PFE. All AOS worksheets and Appraisal reports will be completed in accordance with the Uniform Standards of Professional Appraisal Practices, WSDOT Local Agency Guidelines, the WSDOT Right of Way Manual (in particular, Chapters 4 and 5), and the Uniform Act. The total number of AOS worksheets, Appraisal and Appraisal Review reports are subject to receipt of Right of Way Plans; project design revisions; appraisal waiver determinations during the PFE process; and property owner requests when administrative offers are made. For budgeting purposes, it assumed only two (2) Appraisals and Appraisal Reviews will be needed as shown in Table A below. Note: Total number of Appraisals and Appraisals Reviews required are subject to completion of design, approved Right of Way plan, design revisions and upon qualifying requests from property owners. Deliverables: • AOS Worksheets — assume fifteen (15) each • Appraisal — assume two (2) each • Appraisal Reviews— assume two (2) each G. Present Offers/ Negotiations -Upon receipt of written approvals from the City establishing the amounts of just compensation, Universal staff will prepare offer package(s) and promptly present offers to purchase all the required real property interests and negotiate in good faith to reach a settlement with each property owner(s). Offers will be presented in person when at all possible. If negotiations reach an impasse, Universal shall provide the City with written notification. If necessary, Universal will attempt to secure Administrative Settlements or Voluntary Possession and Use Agreements with the owner(s), allowing the project to move forward and allowing the property owner additional time to negotiate. As a last resort, if the owner is unwilling to agree to a Voluntary Possession and Use Agreement, the file will be transmitted to the City's legal staff for mediation or filing of a condemnation action. Universal will provide limited technical support for all mediation or condemnation as required. As mentioned in sub -task D, the four (4) residential tenants shown in Table A may require Consent Agreements with no compensation, subject to review of their respective lease agreements and determination of driveway reconnection impacts. Deliverables: • Prepare Offer Packages —seventeen (17) each • Obtain Consent Agreements for Access Notification — four (4) each H. Parcel Closing — Prior to sending a settled acquisition package to the City for payment and closing, Universal will request an update on each title report from the designated Title Company to ensure ownership has not changed and new encumbrances or exceptions have not been recorded. Upon review of updated title information and previously completed Parcel Title Summary Memo, Universal will provide advisory assistance to the City in determining the most appropriate method of closing each transaction. Subject to the City's Title Clearing policies, the method of closing can be completed in-house or through a reputable escrow firm. Typically, the title company will provide escrow services. In -House Closing — Generally for low risk and uncomplicated title clearing, this method is subject to the City's title clearing policies and amount of acceptable risk. The signed conveyance documents and payment vouchers will be transmitted to the City for approval and processing. Simultaneously, Universal will coordinate with recommendations to the City for taking title to certain exceptions and encumbrances. 3of5 November 2, 2018 UNIVERSAL a[w unweu. wc. Escrow Closing —Generally for higher risk and complicated title clearing, this method will also consider the City's title clearing policies. The signed conveyance documents together with escrow instructions will be transmitted to the City for approval and signature. Once City approval is received, the transaction package will be delivered to the designated escrow company for closing and recording. Albeit the escrow firm's responsibility, Universal will work with the Escrow and Title Company in their effort to remove unacceptable exceptions and to obtain title insurance policies for the City. Deliverables: • Completed parcel files and records of all Right of Way Acquisition services. Right of Way Certification — Since there are federal funds participating in the project, Right of Way Certification will be coordinated and completed through WSDOT Real Estate Services and Local Programs. Right of Way acquisition files will be prepared and completed to the satisfaction of a WSDOT Right of Way review to support federal aid participation. UFS will further coordinate right of way activities with WSDOT's Olympic Region Local Agency Coordinator, as needed throughout the project. Deliverable: • Prepare Right of Way Certification form for WSDOT review and approval. CITY or Parametrix will provide the following: 1. Preliminary Commitments (Title Reports) for all parcels shown in Table A below. If requested, UFS will order title reports or any updates. The title company will bill the City or Parametrix directly. Note: Title reports are not required for parcels requiring a Temporary Construction Easement only, unless required for other purposes such as design base mapping, etc. 2. Approve designation of the escrow company used for this project. The escrow company will bill the City directly for all escrow services, if any. 3, Right of Way Plans and Drawings, Maps, Exhibits, Right of Way Staking, etc., as necessary. 4. Legal descriptions in electronic format for all real property rights to be acquired. 5. Form approval, in electronic format, of all legal conveyance documents and forms priorto use (i.e. offer letters, deeds, easements, etc.). 6. Review and approval of all determinations of value, established by the project appraisers, and provide written authorization prior to offers being made to property owners. 7. Payment of all compensation payments to property owners, recording fees, legal services and any incidental costs which may arise necessary to complete each transaction. 8. Send "Introduction Letters" to property owners as necessary. 4of5 November 2, 2018 UNIVERSAL aawiamnua, n¢. Notes: 1) AR —Appraisal and Appraisal Review; AOS —Administrative Offer Summary worksheet 2) Cut and Fill areas to be included in Permanent Sidewalk Easements in lieu of separate Slope Easements. 3) Project Parcel No. 7 is an Access Tract to garages for three (3) separate Residential Tax Parcels fronting Eastlake Drive. 5of5 TABLE A ! Parcel Data Real Property Rights to Acquire No. u a f Z j l a Tax Parcel No Taxpayer/ Owner Y C A a _ N N w z, — v W N a w r v a v, ,_, � 'aM�, a w O '' °� �� U �• O m u a Q 4) ESV) 0 w 2 d M n M > 1 1 082401-4-056-2004 1 Sura, James & Arleen X X X i AR ! 2 1a 082401-4-056-2004 I Tenant of Sura X ! 3 4 2 172401-1-025-2007 Bugg Luke & Stacey X XOAX (2) X X AOS 3 172401-1-024-2008 Burnham, Carl S I 5 4 172401-1-064-2009 Henkelman, Beth & Corey XX AOS 6 4a 172401-1-064-2009 Tenant of Henkelman _ X 7 4a 172401-1-064-2009 i Tenant of Henkelman X 8 5 172401-1-029-2003 Shields, Adessa j X AOS j 9 6 7 4548-000-001-0000 172401-1-107-2008 (Access Tract) Johnson, Derek��—; RS Hayward Co. (3 Res Lots with Interest) X * X X AOS AOS 10 11 8 172401-1-030-2000 Stone, Richard X X AOS 12 9 172401-0-113-2000 Hladon, John & Shelby X AOS 13 9a ( 172401-0-113-2000 i Tenant of Hladon X 14 10 172401-1-041-2007 ; Dawson, Maureen X AOS 15 11 172104-1-039-2001 Yee, Bruce & Sandra ' X AOS 16 12 13 172401-1-048-2000 172401-1-050-2005 Keith, Dalene Hall, Lacey X X AOS AOS 17 18 14 172401-1-049-2009 Ryan, Michael & Mona X AOS 19 20 15 16 172401-1-054-2001 3719-002-028-0000 Mow, Troy and Elilai Durnal, James & Staci X ! -- -- , X X AOS AOS 21 17 3719-002-028-0505 1 Kitsap Lake Elementary X i X AR , Notes: 1) AR —Appraisal and Appraisal Review; AOS —Administrative Offer Summary worksheet 2) Cut and Fill areas to be included in Permanent Sidewalk Easements in lieu of separate Slope Easements. 3) Project Parcel No. 7 is an Access Tract to garages for three (3) separate Residential Tax Parcels fronting Eastlake Drive. 5of5 November 2. 2018 City Of Bremerton Universal Field Services, Inc. Kitsap Lake Elementary - Safe Routes to School Project Right of Way Services DIRECT SALARY COSTS (DSC1 Personnel Hours Fee Estimate Rate Cost 1 ROW Oversight 35.0 X $59.00 $ 2,065 2 Project Manager 138.0 X $50.00 = $ 6,900 3 Senior Acquisition Specialist 690.0 X $41.00 = $ 28,290 4 Title / Escrow Specialist 141.0 X $32.00 = $ 4,512 5 Sr Administrative Specialist 99.0 X $28.00 = $ 2,772 Total Hours 1103.0 Subtotal Direct Salary Costs (DSC) = $ 44,539 Overhead (OH) 58.48% $ 26,046 Fixed Fee (FF) 30% $ 13,362 TOTAL DSC = $ 83,947 DIRECT NONSALARY COSTS (DNSC) Mileage 2220 miles @ $ 0.545 $ 1,210 Miscellaneous Expenses (see note 4 below) $ 750 TOTAL (DNSC) = $ 1,960 SUBCONSULTANTS Project Funding Estimate (includes 15 AOS worksheets) $ 13,125 Appraisal (2 each) SH&H Valuations $ 6,500 Appraisal Review (2 each) R.F. Duncan & Associates $ 2,000 2% Admin (B&O Taxes, etc.) $ 433 TOTAL SUBCONSULTANT FEES = $ 22,058 TOTAL ESTIMATE AMOUNT= $ 107,965 Notes: 1.) Universal reserves the right to re -negotiate estimate total if Notice to Proceed not provided within 180 days from the date of this estimate. 2.) Mileage to be billed at $0.5451mile or the approved IRS rate at the time mileage is incurred. 3.) See Table A in the Scope of Work for list of parcels impacted. 4.) Reimbursable miscellaneous expenses including but not limited to: photos, postage, parking, printing, ferry fees, etc., at cost - no markup. 5.) This fee estimate is based on UFS Scope of Work dated November 2, 2018. 6.) Federal funds are participating in the ROW Phase. 1 of 2 1 00 0 N N v E 0 Z W d U- O O O O 0 0 0 0 0 0 0 0 OHO 000 y N O N N N O O N N N N N O O m O 0 0 0 N N O 0 0 0 0 0 0 0 0 N N N r r r, N G V N C R N N C K V V' V' N V V V 7 7 -Ir V V O O N N v O N N r 0° a Q/ M M M M (° M O O O N N a' 7 W j r N O N O N O O O O O 0 0 0 0 0 0 0 0 0 u7 '0 't t0 N O (O O O O O co coFm aJ [{ M r M M M M M� N M r dm N tD w w N N R V W (O 'T N V v V' V v -T N N co O r a7 r O O L G! 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N ID M a cami c m m t w Y O Z S m Em m E o m 3 N N (noo v X. m O � c c w � � C 0 N C N a .M W a N Y 1( a7 m (0 f 0 W U _ (n cry v d c am m 3 ° E ma E' c ID m D a G C o m m n y � vo G 0N m Z N L Q 9 T U - O. co LL n a11 (� a a U � N M d 0 z N O CV A CERTIFICATE OF LIABILITY INSURANCEDATE(MM/DD/YYYY) I 10/10/2018 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 rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Dealey, Renton&Associates NAME: AIISOn Olsen P. O. Box 12675 PHONE Ir ,.� 1A/C.No.ExU: 510 465-3090 I FAX Oakland, CA 94604-2675 ;(Ml,.. "' I E-MAIL (AIC,No):510-452-2193 License#0020739 ADDRESS: Insurance.Certificates@Dealeyrenton.cam INSURER(S)AFFORDING COVERAGE NAIC# 0*'! '2 Is INSURER A:National Fire Insurance Co of Hartford 20478 INSURED PARAMETRIA Parametrix, Inc. INSURER B:Valley Forge Insurance Company 20508 1019 39th Ave. SE Suite 100 City of BremertOn INSURER c:Continental Insurance Company UI 8 \q Puyallup, WA 98374 Risk Management INSURER D:American Casualty Company of Reading PA f 2 (253)604-6600 INSURER E:XL Specialty Insurance Co. , INSURER F: COVERAGES CERTIFICATE NUMBER:2124184783 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 INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 6050531366 11/1/2018 11/1/2019 ,,, EACH OCCURRENCE $1,000.Q.9%CLAIMS-MADE OCCUR / DAMAGE TO RENTEDVV X PREMISES(Ea occurrence) $1,000,000 WA Stop Gap/EL V MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY I X I JECT LOC GENERAL AGGREGATE $2,000,00x./ PRODUCTS-COMP/OPAGG $2,00000 OTHER: WA Stop Gap $1,000,000 B AUTOMOBILE LIABILITY Y Y 6050531352 11/1/2018 11/1/2019 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $1,0000)0 OWNED BODILY INJURY(Per person) $ SCHEDULED HIR DS ONLY AUTOS BODILY INJURY(Per accident) $ AUTO X X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY $ (Per accident) $ X C X UMBRELLA LIAB OCCUR 6050531433 11/1/2018 11/1/2019 EACH OCCURRENCE $10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED I X I RETENTION$0 D WORKERS COMPENSATION $ X D AND EMPLOYERS'LIABILITY Y 6050531383 11/1/2018 11/1/2019 YIN 6050531402 11/1/2018 11/1/2019 I PER STATUTE I I 07H_ ER ANYPROPRIETOR/PARTN ER/EXECUTI VE OFFICER/MEMBEREXCLUDED? N/A E.L.EACH ACCIDENT $1,007 (Mandatory in NH) If yes,describe under E.L.DISEASE-EA EMPLOYEE $1,00 DESCRIPTION OF OPERATIONS below E.L.DISEASOLICY LIMIT $1,000,000 E Professional Liability DPR9932956 11/1/2018 11/1/2019 $1 005.0, Claims Madeper Claim Pollution Liability Included $1,000,6.0 Annual Aggregate Retroactive Date: 01/01/1969 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Umbrella Liability policy is a follow-form to underlying Gener I Liability/Auto Liability/Employers Liability. Project Name/Number:Kitsap Lake Elementary Safe Rou s to School/233-1896-8AB • City of Bremerton and SDOT are named as Additions nsured as respects General and Auto LiabiliWas required per written contract or agreement.General Liability is Primary/% t-Contributory per policy form wording.Insurance coverage includes Waiver'ufSubrogation per the attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Bremerton ACCORDANCE WITH THE POLICY PROVISIONS. Attn:Andrea Archer-Parsons ti�1 Ate, 3027y-Drive- 34- , ' " c--t- 1TAO 14441ZEDREPRESENTATIVE Bremerton WA Qg .e i:�,e• ./"� - 1 c 23?ri O ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD CNA CNA PARAMOUNT Waiver of Transfer of Rights of Recovery Against Others to the Insurer Endorsement 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: ANY PERSON OR ORGANIZATION WHOM THE NAMED INSURED HAS AGREED IN WRITING IN A CONTRACT OR AGREEMENT TO WAIVE SUCH RIGHTS OF RECOVERY, BUT ONLY IF SUCH CONTRACT OR AGREEMENT: 1. IS IN EFFECT OR BECOMES EFFECTIVE DURING THE TERM OF THIS COVERAGE PART; AND 2. WAS EXECUTED PRIOR TO THE BODILY INJURY, PROPERTY DAMAGE OR PERSONAL AND ADVERTISING INJURY GIVING RISE TO THE CLAIM. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. It is understood and agreed that the condition entitled Transfer Of Rights Of Recovery Against Others To The Insurer is amended by the addition of the following: Solely with respect to the person or organization shown in the Schedule above, the Insurer waives any right of recovery the Insurer may have against such person or organization because of payments the Insurer makes for injury or damage arising out of the Named Insured's ongoing operations or your work done under a contract with that person or organization and included in the products-completed operations hazard. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75008XX(1-15) Policy No: 6050531366 Page 1 of 1 Endorsement No: 7 Nat'l Fire Ins Co of Hartford Insured Name: PARAMETRIX, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. The WHO IS AN INSURED section is amended to add as an Insured any person or organization whom the Named Insured is required by written contract to add as an additional insured on this coverage part, including any such person or organization, if any, specifically set forth on the Schedule attachment to this endorsement. However, such person or organization is an Insured only with respect to such person or organization's liability for: A. unless paragraph B. below applies, 1. bodily injury, property damage, or personal and advertising injury caused in whole or in part by the acts or omissions by or on behalf of the Named Insured and in the performance of such Named Insured's ongoing operations as specified in such written contract; or 2. bodily injury or property damage caused in whole or in part by your work and included in the products- completed operations hazard, and only if a. the written contract requires the Named Insured to provide the additional insured such coverage; and b. this coverage part provides such coverage. B. bodily injury, property damage, or personal and advertising injury arising out of your work described in such written contract, but only if: 1. this coverage part provides coverage for bodily injury or property damage included within the products completed operations hazard; and 2. the written contract specifically requires the Named Insured to provide additional insured coverage under the 11-85 or 10-01 edition of CG2010 or the 10-01 edition of CG2037. II. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract;or <.,‘; B. a higher limit of insurance than required by the written contract. III. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. IV. Notwithstanding anything to the contrary in the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance, this insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or any other basis. However, if this insurance is required by written CNA75079XX(1-15) Policy No: 6050531366 Page 1 of 2 Endorsement No: 5 Nat'l Fire Ins Co of Hartford Insured Name: PARAMETRIX, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement contract to be primary acid non-contributory, this insurance will be primary and non-contributory relative solely to insurance on which the additional insured is a named insured. V. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. except as provided in Paragraph IV. of this endorsement, agree to make available any other insurance the additional insured has for any loss covered under this coverage part; 3. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 4. tender the defense and indemnity of any claim to any other insurer or self insurer whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph (4) does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires the Named Insured to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy;and B. was executed prior to: 1. the bodily injury or property damage;or 2. the offense that caused the personal and advertising injury for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX(1-15) Policy No: 6050531366 Page 2 of 2 Endorsement No: 5 Nat'l Fire Ins Co of Hartford Insured Name: PARAMETRIX, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA63359XX (Ed. 04/12) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS EXTENDED COVERAGE ENDORSEMENT - BUSINESS AUTO PLUS - This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILITY COVERAGE name, with your permission, while performing A. Who Is An Insured duties related to the conduct of your business. The following is added to Section II, Paragraph "Policy," as used in this provision A. Who Is An g p Insured, includes those policies that were in force A.1.,Who Is An Insured: on the inception date of this Coverage Form but: 1. a. Any incorporated entity of which the 1. Which are no longer in force; or Named Insured owns a majority of the voting stock on the date of inception of 2. Whose limits have been exhausted. this Coverage Form; provided that, B. Bail Bonds and Loss of Earnings b. The insurance afforded by this provision Section II, Paragraphs A.2. (2) and A.2. (4) are A.1. does not apply to any such entity that is an "insured" under any other revised as follows: liability"policy"providing "auto"coverage. 1. In a.(2), the limit for the cost of bail bonds is 2. Any organization you newly acquire or form, changed from$2,000 to$5,000; and other than a limited liability company, 2. In a.(4), the limit for the loss of earnings is partnership or joint venture, and over which changed from$250 to$500 a day. you maintain majority ownership interest. C. Fellow Employee The insurance afforded by this provision A.2.: Section II, Paragraph B.5 does not apply. a. Is effective on the acquisition or formation Such coverage as is afforded by this provision C. date, and is afforded only until the end of is excess over any other collectible insurance. the policy period of this Coverage Form, or the next anniversary of its inception II. PHYSICAL DAMAGE COVERAGE date, whichever is earlier. A. Glass Breakage - Hitting A Bird Or Animal - os b. Does not apply to: Falling Objects Or Missiles N (1) "Bodily injury" or "property damage" The following is added to Section III, Paragraph caused by an "accident" that A.3.: 0- occurred before you acquired or formed the organization; or With respect to any covered "auto,"any deductible shown in the Declarations will not apply to glass (2) Any such organization that is an breakage if such glass is repaired, in a manner "insured" under any other liability acceptable to us, rather than replaced. "policy"providing "auto"coverage. B. Transportation Expenses 3. Any person or organization that you are required by a written contract to name as an Section III, Paragraph A.4.a. is revised, with = additional insured is an "insured" but only with respect to transportation expense incurred by you, — respect to their legal liability for acts or to provide: omissions of a person, who qualifies as an "insured" under Section II - Who Is An a. $60 per day, in lieu of$20; subject to Insured and for whom Liability Coverage is b. $1,800 maximum, in lieu of$600. afforded under this policy. If required by C. Loss of Use Expenses written contract, this insurance will be primary and non-contributory to insurance on which Section III, Paragraph A.4.b. is revised, with the additional insured is a Named Insured. respect to loss of use expenses incurred by you, 4. An "employee" of yours is an "insured" while to provide: operating an "auto" hired or rented under a a. $1,000 maximum, in lieu of$600. contract or agreement in that "employee's" CNA63359XX Copyright,CNA Corporation,2000. (Ed. 04/12) Page 1 of 3 Includes copyrighted material of the Insurance Services Office used with its permission. CNA63359XX (Ed. 04/12) D. Hired "Autos" d. A $100 per occurrence deductible applies to The following is added to Section III. Paragraph the coverage provided by this provision. A.: G. Diminution In Value 5. Hired "Autos" The following is added to Section III, Paragraph If Physical Damage coverage is provided under B.6.: this policy, and such coverage does not extend to Subject to the following, the "diminution in value" Hired Autos, then Physical Damage coverage is exclusion does not apply to: extended to: a. Any covered "auto" of the private a. Any covered "auto" you lease, hire, rent passenger type you lease, hire, rent or or borrow without a driver; and borrow, without a driver for a period of 30 b. Any covered "auto" hired or rented by days or less, while performing duties your"employee"without a driver, under a related to the conduct of your business; contract in that individual "employee's" and name, with your permission, while b. Any covered "auto" of the private performing duties related to the conduct passenger type hired or rented by your of your business. "employee"without a driver for a period of 30 days or less, under a contract in that c. The most we will pay for any one "accident" or "loss" is the actual cash individual "employee's" name, with your value, cost of repair, cost of replacement permission, while performing duties or $75,000, whichever is less, minus a related to the conduct of your business. $500 deductible for each covered auto. c. Such coverage as is provided by this No deductible applies to "loss"caused by provision is limited to a "diminution in fire or lightning. value" loss arising directly out of accidental damage and not as a result of d. The physical damage coverage as is provided by this provision is equal to the the failure to make repairs; faulty or physical damage coverage(s) provided on incomplete maintenance or repairs; or the your owned"autos." installation of substandard parts. e. Such physical damage coverage for hired d. The most we will pay for "loss" to a "autos"will: covered "auto" in any one accident is the lesser of: (1) Include loss of use, provided it is the consequence of an "accident" for (1) $5,000; or which the Named Insured is legally (2) 20% of the "auto's" actual cash value liable, and as a result of which a (ACV). monetary loss is sustained by the leasing or rental concern. III. Drive Other Car Coverage—Executive Officers (2) Such coverage as is provided by this The following is added to Sections II and III: provision will be subject to a limit of 1. Any "auto" you don't own, hire or borrow is a $750 per"accident." covered "auto" for Liability Coverage while being E. Airbag Coverage used by, and for Physical Damage Coverage while in the care, custody or control of, any of your The following is added to Section III, Paragraph "executive officers,"except: B.3.: a. An "auto" owned by that "executive officer" or The accidental discharge of an airbag shall not be a member of that person's household; or considered mechanical breakdown. b. An "auto" used by that "executive officer" F. Electronic Equipment while working in a business of selling, Section III, Paragraphs B.4.c and B.4.d. are servicing, repairing or parking "autos." deleted and replaced by the following: Such Liability and/or Physical Damage Coverage c. Physical Damage Coverage on a covered as is afforded by this provision. "auto" also applies to "loss" to any (1) Equal to the greatest of those coverages permanently installed electronic equipment afforded any covered "auto"; and including its antennas and other accessories. CNA63359XX Copyright,CNA Corporation,2000. Page 2 of 3 (Ed. 04/12) Includes copyrighted material of the Insurance Services Office used with its permission. CNA63359XX (Ed. 04/12) (2) Excess over any other collectible damage, against any person or organization for insurance. whom or which you are required by written officer contract or agreement to obtain this waiver from 2. For purposes of this provision, "executive o means a person holding any of the officer us. positions created by your charter, constitution, by- This injury or damage must arise out of your laws or any other similar governing document, activities under a contract with that person or and, while a resident of the same household, organization. includes that person's spouse. musto Such "executive officers" are "insureds" while 'aoccident"or gloss." that requirement prior to an using a covered "auto"described in this provision. C. Concealment, Misrepresentation or Fraud IV. BUSINESS AUTO CONDITIONS he A. Duties In The Event Of Accident, Claim, Suit Or B 2 following is added to Section IV, Paragraph Loss Your failure to disclose all hazards existing on the date The following is added to Section IV, Paragraph of inception of this Coverage Form shall not prejudice A.2.a.: you with respect to the coverage afforded provided (4) Your "employees" may know of an such failure or omission is not intentional. "accident" or "loss." This will not mean D. Other Insurance that you have such knowledge, unless The following is added to Section IV, Paragraph such "accident" or "loss" is known to you or if you are not an individual, to any of B.5.: your executive officers or partners or your Regardless of the provisions of Paragraphs 5.a. insurance manager. and 5.d. above, the coverage provided by this The following is added to Section IV, Paragraph policy shall be on a primary non-contributory A.2.b.: basis. This provision is applicable only when required by a written contract. That written (6) Your "employees" may know of contract must have been entered into prior to documents received concerning a claim "Accident"or"Loss." or"suit."This will not mean that you have such knowledge, unless receipt of such E. Policy Period, Coverage Territory documents is known to you or if you are Section IV, Paragraph B. 7.(5).(a). is revised to not an individual, to any of your executive provide: officers or partners or your insurance manager. a. 45 days of coverage in lieu of 30 days. B. Transfer Of Rights Of Recovery Against Others V. DEFINITIONS To Us Section V. Paragraph C. is deleted and replaced by The following is added to Section IV, Paragraph the following: A.5. Transfer Of Rights Of Recovery Against Others To Us: "Bodily injury"means bodily injury, sickness or disease sustained by a person, including mental anguish, We waive any right of recovery we may have, mental injury or death resulting from any of these. because of payments we make for injury or CNA63359XX Copyright,CNA Corporation,2000. Page 3 of 3 (Ed. 04/12) Includes copyrighted material of the Insurance Services Office used with its permission. • CNAWorkers Compensation And Employers Liability Insurance Policy Endorsement WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 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 shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any Person or Organization on whose behalf you are required to obtain this waiver of our right to recover from under a written contract or agreement. The premium charge for the endorsement is reflected in the Schedule of Operations. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: WC 00 03 13 (04-1984) Endorsement No: 3; Page: 1 of 1 Policy No:6 50531402 Underwriting Company: American Casualty Company of Reading, Pennsylvania, 333 S Wabash Ave, Chicago, IL 60604 Copyright 1983 National Council on Compensation Insurance. .l► an Washington State ; Department of Transportation Supplemental Agreement organization and Address FNumber ._? __. Parametrix,Inc. 1 Original Agreement Number 60 Washington Avenue,Suite 390 Bremerton,WA 98337 SRTS-6590(002); LA 9223 Phone: 360-377-0014 Project Number I Execution Date Completion Date #315004 ' October 18,2019 December 31,2020 Project Title New Maximum Amount Payable Kitsap Lake Elementary Safe Routes to Schools I $403,746.06 i Description of Work Project Involves construction of Americans with Disabilities Act(ADA)Compliant sidewalks and other improvements to I encourage students to walk or bicycle to Kitsap Lake Elementary School. The Local Agency of Cit. of Bremerton desires to supplement the agreement entered in to with Parametrix_Inc._ and executed on March 22.2018 and identified as Agreement No. SATS-6590.1002 r LA 9223 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: I Section 1, SCOPE OF WORK, is hereby changed to read: NO CHANGE II Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: _tDe,ember 31,2020 III Section V, PAYMENT, shall be amended as follows: NO CHANGE as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate spaces below and return to this office for final action. By._ /°e411 le:_;,vliC By: Greg Wheeler 74 Consultant Signature .1t1^" I'0.1A)A—e•—, Approving Authonty Signature Id ISO t 2019 Dal DOT Form 140-063 Revised 09/2005