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HomeMy WebLinkAbout6012AGENDA BILL 5GCITYOFBREMERTON CITY COUNCIL Updated Study Session Date: July 10, 2019 SUBJECT: Local Agency Professional Services COUNCIL MEETING Date: July 17, 2019 Cost Plus Fixed Fee Consultant Agreement with Department: Engineering SCJ Alliance, Inc. for Design of Kitsap Way Andrea SR310) &Warren Avenue (SR303) Traffic Presenter: Archer-Parsons Signal and Multimodal Safety Project Phone: (360) 473-2317 SUMMARY: In February 2019, the City accepted a Highway Safety Improvement Program (HSIP) grant to improve bike lanes and traffic signals on Kitsap Way and improve traffic signals on State Route 303. The City advertised a Request for Qualifications and received proposals from three firms to perform the design. Three firms were interviewed and SCJ Alliance was selected to perform the design. ATTACHMENTS: 1) Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement with SCJ Alliance, Inc. Updated FISCAL IMPACTS (Include Budgeted Amount): The consultant fee for design is $365,458 and is eligible for 90% grant funding. The 10% City match is funded from REET. STUDY SESSION AGENDA: x Limited Presentation Full Presentation STUDY SESSION ACTION: lx Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement with SCJ Alliance, Inc. for Design of Kitsap Way (SR310) &Warren Avenue (SR303) Traffic Signal and Multimodal Safety Project; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented COUNCIL ACTION: /,ill •pprove [' Deny El Table El Continue No Action Form Updated 01/02/2018 Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Agreement Number: Does this Require DES filing? Yes No Firm/Organization Legal Name (do not use dba's): Shea, Can &Jewell, Inc. Address Federal Aid Number 8730 Tallon Lane NE, Suite 200,Lacey, WA 98516 UBI Number Federal TIN or SSN Number 20-4834444 Execution Date Completion Date July 17, 2019 December 31, 2021 1099 Form Required Federal Participation Yes X No 0 Yes No Project Title Kitsap Way (SR 310) and Warren Avenue(SR 303)Traffic Signal and Multimodal Safety Description of Work Retime signals, increase the visibility of traffic signal heads, and improve conditions for pedestrians at traffic signals. Upgrade signing and pavement markings and control access at driveways. On Kitsap Way (SR 310), improve lighting and rechannelize the roadway including with bike lanes and green bike lane facilities. Q Yes 9 No DBE Participation Total Amount Authorized: $332,235 Yes No MBE Participation Management Reserve Fund: $33,223 D Yes o% El No WBE Participation Maximum Amount Payable: $365,458Yesh No SBE Participation Index of Exhibits Exhibit A Scope of Work Exhibit B DBE Participation/SBE Plan Exhibit C Preparation and Delivery of Electronic Engineering and Other Data Exhibit D Prime Consultant Cost Computations Exhibit E Sub-consultant Cost Computations Exhibit F Title VI Assurances Exhibit G Certification Documents Exhibit H Liability Insurance Increase Exhibit I Alleged Consultant Design Error Procedures Exhibit J Consultant Claim Procedures Agreement Number: Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Page 1 of 14 Revised 03/29/2019 1 THIS AGREEMENT, made and entered into as shown in the "Execution Date"box on page one (1) of this AGREEMENT, between the City of Bremerton hereinafter called the"AGENCY,"and the "Firm/Organization Name"referenced on page one (1) of this AGREEMENT, hereinafter called the "CONSULTANT." WHEREAS, the AGENCY desires to accomplish the work referenced in"Description of Work" on page one (1) of this AGREEMENT and hereafter called the "SERVICES;" and does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary SERVICES; and WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish consulting services to the AGENCY. NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I. General Description of Work The work under this AGREEMENT shall consist of the above-described SERVICES as herein defined, and necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor, and related equipment and, if applicable, sub-consultants and subcontractors necessary to conduct and complete the SERVICES as designated elsewhere in this AGREEMENT. II. General Scope of Work The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit"A"attached hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed utilizing performance based contracting methodologies. 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 Professional Services Cost Plus Fixed Fee Consultant Agreement Page 2 of 14 Revised 03/29/2019 Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required,per 49 CFR Part 26 shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the commencement of this AGREEMENT,the amounts authorized to each firm and their certification number will be shown on Exhibit"B" attached hereto and by this reference made part of this AGREEMENT. If the Prime CONSULTANT is a DBE certified firm they must comply with the Commercial Useful Function(CUF)regulation outlined in the AGENCY's "DBE Program Participation Plan" and perform a minimum of 30% of the total amount of this AGREEMENT. It is recommended,but not required, that non-DBE Prime CONSULTANTS perform a minimum of 30% of the total amount of this AGREEMENT. In the absents of a mandatory UDBE, a voluntary SBE goal amount of ten percent of the Consultant Agreement is established. The Consultant shall submit a SBE Participation Plan prior to commencing work. Although the goal is voluntary,the outreach efforts to provide SBE maximum practicable opportunities are not. The CONSULTANT, on a monthly basis, is required to enter the amounts paid to all firms (including Prime) involved with this AGREEMENT into the wsdot.diversitycompliance.com program. Payment information shall identify any DBE Participation. Non minority, woman owned DBEs does not count towards UDBE goal attainment. All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files,prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit"C— Preparation and Delivery of Electronic Engineering and other Data." All designs, drawings, specifications, documents, and other work products,including all electronic files,prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this SERVICE, shall be without liability or legal exposure to the CONSULTANT. Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other party by(i) certified mail, return receipt requested, or(ii)by email or facsimile, to the address set forth below: If to AGENCY:If to CONSULTANT: Name: City Clerk Name: Josh Brannin Agency: City of Bremerton Agency: Shea,Carr&Jewell, Inc. Address: 345 6th Street, Suite 100 Address: 8730 Tallon Lane NE, Suite 200 City: Bremerton State: WA Zip: 98337 City: Lacey State: WA Zip: 98516 Email: city.clerk@ci.bremerton.wa.us Email: josh.brannin@scjalliance.com Phone: (360)473-5323 Phone: (360) 669-0700 Facsimile: (360) 473-5200 Facsimile: IV. Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. This AGREEMENT may require filing with the Department of Enterprise Services (DES)pursuant to RCW 39.26.140. If such approval is required by DES, this AGREEMENT shall not bind the AGENCY until approved by DES. If the AGREEMENT must be approved by DES, work cannot begin,nor payment made until ten(10) or more working days following the date of filing, and,until approved by DES. Any subsequent SUPPLEMENTAL AGREEMENT may also be subject to filing and/or approval from DES. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT titled Completion Date." The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD, 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 Professional Services Cost Plus Fixed Fee Consultant Agreement Page 3 of 14 Revised 03/29/2019 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 ofWork". The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov). The estimate in support of the Cost Plus Fixed Fee amount is attached hereto as Exhibits "D" and"E" and by this reference made part of this AGREEMENT. A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost, indirect cost rate, and direct non-salary costs. 1. Direct(RAW)Labor Costs: The Direct (RAW) Labor Cost is the direct salary paid to principals, professional, technical, and clerical personnel for the time they are productively engaged in work necessary to fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the direct salary costs billed to the AGENCY. 2. Indirect Cost Rate (ICR) Costs: ICR Costs are those costs, other than direct costs,which are included as such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall be made at the ICR rates shown in attached Exhibits "D"and"E" of this AGREEMENT. Total ICR payment shall be based on Actual Costs. The AGENCY agrees to reimburse the CONSULTANT the actual ICR costs verified by audit,up to the Maximum Total Amount Payable, authorized under this AGREEMENT,when accumulated with all other Actual Costs. A summary of the CONSULTANT'S cost estimate and the ICR percentage is shown in Exhibits "D"and E", attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT(prime and all sub-consultants)will submit to the AGENCY within six(6)months after the end of each firm's fiscal year, an ICR schedule in the format required by the AGENCY(cost category, dollar expenditures, etc.) for the purpose of adjusting the ICR rate for billings received and paid during the fiscal year represented by the ICR schedule. It shall also be used for the computation of progress payments during the following year and for retroactively adjusting the previous year's ICR cost to reflect the actual rate. The ICR schedule will be sent to Email: ConsultantRates@wsdot.wa.gov. Failure to supply this information by either the prime CONSULTANT or any of their sub-consultants shall cause the AGENCY to withhold payment of the billed ICR costs until such time as the required information is received and an overhead rate for billing purposes is approved. The AGENCY's Project Manager and/or the Federal Government may perform an audit of the CONSULTANT'S books and records at any time during regular business hours to determine the actual ICR rate, if they so desire. 3. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT. (excluding Meals,which are reimbursed at the per diem rates identified in this section) These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges and fees of sub-consultants. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs(excluding air,train, and rental car costs) in accordance with the WSDOT'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 Professional Services Cost Plus Fixed Fee Consultant Agreement Page 4 of 14 Revised 03/29/2019 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 ofAgreement." 5. Management Reserve Fund(MRF): The AGENCY may desire to establish a MRF to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of$100,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the MRF is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the MRF shall be made in accordance with Section XIII, Extra Work." 6. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the MRF. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIII, "Extra Work."No minimum amount payable is guaranteed under this AGREEMENT. B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of Actual Costs plus the ICR and calculated fee on a monthly basis during the progress of the work. Such billings shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under Section III, "General Requirements"of this AGREEMENT. The billings will be supported by an itemized listing for each item including Direct(RAW)Labor,Direct Non-Salary, and allowable ICR Costs to which will be added the prorated Fixed Fee. To provide a means of verifying the billed Direct(RAW) Labor costs for CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, Direct(RAW)Labor rates, and present duties of those employees performing work on the PROJECT at the time of the interview. C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent, if applicable,upon receipt of all PS&E, plans,maps,notes, reports, electronic data and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not,however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit; all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty(30) calendar days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT has twenty(20)working days after receipt ofthe final POST AUDIT to begin the appeal process to the AGENCY for audit findings. Agreement Number: Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Page 5 of 14 Revised 03/29/2019 D. Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for inspection by representatives of the AGENCY and the United States, for a period of six(6)years after receipt of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this AGREEMENT is initiated before the expiration of the six(6)year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be performed by the State Auditor,WSDOT's Internal Audit Office and/or at the request of the AGENCY's Project Manager. VI. Sub-Contracting The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit "A" attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY and sub-consultant, any contract or any other relationship. Compensation for this sub-consultant SERVICES shall be based on the cost factors shown on Exhibit"E" attached hereto and by this reference made part of this AGREEMENT. The SERVICES of the sub-consultant shall not exceed its maximum amount payable identified in each sub- consultant cost estimate unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, indirect cost rate, direct non-salary costs and fixed fee costs for the sub-consultant shall be negotiated and substantiated in accordance with section V"Payment Provisions"herein and shall be memorialized in a final written acknowledgement between the parties. All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require each sub-consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With respect to sub-consultant payment,the CONSULTANT shall comply with all applicable sections of the STATE's Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT, sub-recipient, or sub-consultant shall not discriminate on the basis of race, color,national origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the recipient deems appropriate. VII. Employment and Organizational Conflict of Interest The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage,brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant,the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Agreement Number: Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Page 6 of 14 Revised 03/29/2019 Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly retired employees,without written consent of the public employer of such person if he/she will be working on this AGREEMENT for the CONSULTANT. VIII. Nondiscrimination During the performance of this AGREEMENT,the CONSULTANT, for itself, its assignees, sub-consultants, subcontractors and successors in interest, agrees to comply with the following laws and regulations: Title VI of the Civil Rights Act of 1964 Civil Rights Restoration Act of 1987 42 U.S.C. Chapter 21 Subchapter V § 2000d Public Law 100-259) through 2000d-4a) American with Disabilities Act of 1990 Federal-aid Highway Act of 1973 42 U.S.C. Chapter 126 § 12101 et. seq.) 23 U.S.C. Chapter 3 § 324) 23 CFR Part 200 Rehabilitation Act of 1973 49 CFR Part 21 29 U.S.C. Chapter 16 Subchapter V § 794) 49 CFR Part 26 Age Discrimination Act of 1975 RCW 49.60.180 42 U.S.C. Chapter 76 § 6101 et. seq.) In relation to Title VI of the Civil Rights Act of 1964,the CONSULTANT is bound by the provisions of Exhibit"F" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit"F" in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX. Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten 10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged and any appropriate fixed fee percentage at the time of termination of this AGREEMENT, plus any direct non-salary costs incurred up to the time of termination of this AGREEMENT. No payment shall be made for any SERVICES completed after ten (10) days following receipt by the CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES to the date of termination,the amount of SERVICES originally required which was satisfactorily completed to Agreement Number: Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Page 7 of 14 Revised 03/29/2019 date of termination,whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the SERVICES required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth in paragraph two (2)of this section. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT's failure to perform is without the CONSULTANT's or its employee's fault or negligence,the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs and appropriate fixed fee percentage in accordance with the termination for other than default clauses listed previously. The CONSULTANT shall, within 15 days,notify the AGENCY in writing, in the event of the death of any member, partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT's supervisory and/or other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee. The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s) of this AGREEMENT. If termination for convenience occurs,final payment will be made to the CONSULTANT as set forth in the second and third paragraphs of this section. Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X. Changes of Work The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as necessary to correct errors appearing therein,without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY This work shall be considered as Extra Work and will be paid for as herein provided under section XIII "Extra Work." XI. Disputes Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within 10 days to the Director of Public Works or AGENCY Engineer,whose decision in the matter shall be final and binding on the parties of this AGREEMENT;provided however,that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit"J."In the event that either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. Agreement Number: Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Page 8 of 14 Revised 03/29/2019 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 the AGENCY's, their agents', officers'and employees'failure to comply with specific written instructions regarding use provided to STATE and/or the AGENCY,their agents, officers and employees by the CONSULTANT, their 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 by the Parties. Agreement Number: Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Page 9 of 14 Revised 03/29/2019 Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable supplemental AGREEMENT,the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administration. By providing such assistance,the CONSULTANT shall assume no responsibility for: proper construction techniques,job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with minimum limits of one million dollars($1,000,000.00)per occurrence and two million dollars ($2,000,000.00) in the aggregate for each policy period. C. Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage for any"Auto"(Symbol 1)used in an amount not less than a one million dollar($1,000,000.00) combined single limit for each occurrence. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance,the STATE and AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub- consultant and/or subcontractor as an additional insured(the "AIs"),with no restrictions or limitations concerning products and completed operations coverage. This coverage shall be primary coverage and non-contributory and any coverage maintained by the AIs shall be excess over, and shall not contribute with, the additional insured coverage required hereunder. The CONSULTANT's and the sub-consultant's and/or subcontractor's insurer shall waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen(14) days of the execution of this AGREEMENT to: Name: Andrea Archer-Parsons,P.E. Agency: City of Bremerton Address: 345 6th Street City: Bremerton State: WA Zip: 98337 Email: andrea.archer-parsons@ci.bremerton.wa.us Phone: (360)473-2317 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 Professional Services Cost Plus Fixed Fee Consultant Agreement Page 10 of 14 Revised 03/29/2019 The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third party, and no third party beneficiary is intended or created by the execution of this AGREEMENT. The AGENCY will pay no progress payments under section V"Payment Provisions"until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. XIII. Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT in the SERVICES to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for,performance of any part of the SERVICES under this AGREEMENT,whether or not changed by the order, or otherwise affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an equitable adjustment in the: (1)maximum amount payable; (2)delivery or completion schedule, or both; and(3)other affected terms and shall modify this AGREEMENT accordingly. C. The CONSULTANT must submit any"request for equitable adjustment,"hereafter referred to as"CLAIM," under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of this AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the section XI "Disputes" clause. However,nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs (A.) and(B.) above,the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XIV. Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XV. Federal Review The Federal Highway Administration shall have the right to participate in the review or examination of the SERVICES in progress. XVI. Certification of the Consultant and the AGENCY Attached hereto as Exhibit"G-1(a and b)"are the Certifications of the CONSULTANT and the AGENCY, Exhibit G-2"Certification Regarding Debarment, Suspension and Other Responsibility Matters -Primary Covered Transactions, Exhibit"G-3"Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit"G-4" Certificate of Current Cost or Pricing Data. Exhibit"G-3" is required only in AGREEMENT's over one hundred thousand dollars ($100,000.00) and Exhibit"G-4" is required only in AGREEMENT's over five hundred thousand dollars ($500,000.00.)These Exhibits must be executed by the CONSULTANT, and submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III"General Requirements"prior to its performance of any SERVICES under this AGREEMENT. Agreement Number: Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Page 11 of 14 Revised 03/29/2019 XVII. Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation,promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement to this AGREEMENT. XVIII. Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and AGREEMENT's contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and conditions thereof. XIX. Protection of Confidential Information The CONSULTANT acknowledges that some of the material and information that may come into its possession or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state or federal statutes ("State's Confidential Information"). The"State's Confidential Information"includes,but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers,financial profiles, credit card information, driver's license numbers, medical data, law enforcement records (or any other information identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security data, non-public Specifications, STATE and AGENCY non-publicly available data,proprietary software, STATE and AGENCY security data, or information which may jeopardize any part of the project that relates to any of these types of information. The CONSULTANT agrees to hold the State's Confidential Information in strictest confidence and not to make use of the State's Confidential Information for any purpose other than the performance of this AGREEMENT, to release it only to authorized employees, sub-consultants or subcontractors requiring such information for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish, transfer, sell, disclose, or otherwise make it known to any other party without the AGENCY's express written consent or as provided by law. The CONSULTANT agrees to release such information or material only to employees, sub-consultants or subcontractors who have signed a nondisclosure AGREEMENT, the terms of which have been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to the State's Confidential Information. Immediately upon expiration or 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 Professional Services Cost Plus Fixed Fee Consultant Agreement Page 12 of 14 Revised 03/29/2019 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 suchch 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 Professional Services Cost Plus Fixed Fee Consultant Agreement Page 13 of 14 Revised 03/29/2019 tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or telephone conversations, and any and all other taped, recorded,written,printed or typed matters of any kind or description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original, or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original. For purposes of this AGREEMENT, "ESP"means any and all computer data or electronic recorded media of any I 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. ESE 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 EST is normally created, viewed, and/or modified. The CONSULTANT shall include this section XX "Records Maintenance" in every subcontract it enters into in relation to this AGREEMENT and bind the sub-consultant to its terms,unless expressly agreed to otherwise in writing by the AGENCY prior to the execution of such subcontract. In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the Execution Date"box on page one (1) of this AGREEMENT. i arp sIAriai —.1110 2SI/S Sign: Date ililA,t_a 53 0 1 2.0 t ct Signature Date Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office ofthe Attorney General. Agreement Number: Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Page 14 of 14 Revised 03/292019 Exhibit A Scope of Work Project No. Please see attached Scope of Work. Agreement Number: ExhibitA-Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/292019 Page 1 of 1 EXHIBIT A SCOPE OF WORK HIGHWAY IMPROVEMENT SAFTEY PROJECT PHASE III BREMERTON, WASHINGTON Prepared for: Andrea Archer-Parsons, PE, Project Manager City of Bremerton Prepared by: Josh Brannin, PE, Project Manager Date prepared: July 1, 2019 Overview This Scope of Work is for the HSIP Phase III Improvements (Project). This scope includes data collection,site reconnaissance, preliminary engineering,final design (including plans, specifications, and estimates),traffic policy development, and traffic signal timing/coordination development and implementation support. The following Design Standards and References (as of execution of the agreement)are to be followed during the development of the project: City of Bremerton Engineering Design &Construction Standards (latest editions) 2020 Washington State Department of Transportation (WSDOT) Standard Specifications for Road, Bridge, and Municipal Construction. WSDOT Local Agency Guidelines (LAG). Manual on Uniform Traffic Control Devices for Streets and Highways (latest edition). A Policy on Geometric Design of Highways and Streets (i.e. AASHTO 'Green Book') (latest edition). WSDOT Standard Plans as required (latest edition). PROWAG, 2005 Current edition of ITE Standards Federal ITS Architecture, latest edition NEC 2015 The work will consist of the following phases: 1. Project Management 2. Survey and Right of Way Delineation (MTN2COAST) 3. Preliminary Design 4. Retaining Wall Design (Sargent) HISP Phase III July 1, 2019 City of Bremerton Page 1 SCJ Alliance Exhibit A -Scope of Work 5. Traffic Engineering(PH Consulting) 6. Geotechnical Design (GeoEngineers) 7. Environmental Documentation Support 8. Public Involvement 9. Final Design 10. Bidding Services The following phases may be added by amendment: 1. Potholing 2. NEPA Discipline Reports 3. Right-of-Way Services 4. Construction Engineering Services 5. Timing and Coordination Plan Implementation Assumptions 1. The project may require right of way or temporary construction easements. 2. The improvements will generally conform to the concepts provided in the grant applications. 3. Added impervious surfaces will not trigger thresholds requiring flow control and stormwater treatment. 4. Stormwater improvements are limited to connections to existing stormwater facilities. 5. The project falls under NEPA Categorical Exemption (23)(i). 6. The project meets exemptions for Section 106, hazardous materials, noise,air,and environmental justice discipline reports. Information Provided by the City 1. All available as-built drawings for roadway,water,sewer,and stormwater. Phase 1 Project Management This phase includes tasks to plan, manage,and administer the work;attend project meetings; and provide quality assurance/quality control. Task 1 Management 1) Management: Manage the project by directing and supervising staff and reviewing work for the duration of the project. This management is for the overall work rather than specific tasks. 2) Schedule and Budget: Develop a critical path project schedule to match the scope of work. Identify task durations, predecessors, City reviews,deliverables,and milestones. Review and update the schedule on a monthly basis. Monitor project budget on a biweekly basis. Provide monthly billing statements to the City including overall budget and schedule confirmation and review for each progress billing period. HISP Phase III July 1, 2019 City of Bremerton Page 2 SCJ Alliance Exhibit A -Scope of Work Task 2 Administration 1) Progress Reports: Prepare and submit a bi-weekly progress report. Progress reports will show: (1) prior work performed, (2) current work planned,(3)schedule and budget status, (4) a summary of scope changes/added value,and (5) items needed from the City and/or others. 2) Progress Billings: Prepare a monthly progress bill with weekly progress reports attached. Bills will show staff hours for each phase(i.e., Phase 1: Project Management). Include a Budget Remaining Report with each invoice. 3) Filing: Develop a project filing system and maintain project files in one centralized location. Periodically purge draft and redundant documents. 4) Subconsultant Administration: Execute and administer sub agreements. Review and approve monthly invoices. Task 3 Quality Assurance/Quality Control 1) Quality Control: Provide senior level review of task deliverables before submittal to the City. 2) Quality Assurance: Audit quality check activities and documentation on a periodic basis. Understanding Project management will be provided over a 15-month timeframe. Progress billings will be submitted monthly to the City. Budget for peer checks for quality control is included within budget for design tasks. Deliverables Bi-weekly Progress Report submitted via email in PDF format. Progress billings submitted monthly submitted via email in PDF format. MS Project schedule updates submitted via email in PDF format. Phase 2 Survey and Right of Way Delineation (by MTN2COAST) Task 1 Survey and Right of Way Delineation 1) Topographic Survey: Perform topographic survey for Kitsap Way/ 11`h Avenue extending 350 feet northwest on Kistap Way, 150 feet southwest on 11th Street, 100 feet northeast on 11th Avenue,and 350 feet southeast on Kitsap Way of the intersection including top and toe of slopes and structures within 50 feet of the back of sidewalk on the south side of the corridor. Perform topographic survey at Kitsap Way/ National Avenue extending 50 feet in each direction. Perform topographic survey below the SR 3 overpass. Provide aerial survey for the remaining corridor extending 150 feet west of the southbound SR 3 offramp to 150 east of Callow Drive. HISP Phase III July 1, 2019 City of Bremerton Page 3 SCJ Alliance Exhibit A -Scope of Work 2) Right of Way Mapping: Locate monuments and use record right of way maps to establish existing rights of way at the intersections of Kitsap Way / 11th Avenue and Kitsap Way/National Avenue to the limits described in Task 1.1. Mapping shall include parcel lot lines. 3) Base Map: Prepare a topographic base map in AutoCAD, including existing rights of way. The base map shall include channelization, signal poles, pedestrian push button poles, signal cabinets, signs, face of curb, and splitter islands along the whole corridor and underground utilities including inverts, overhead utilities including height, back of sidewalk,ADA facilities, and structures within the limits described in Task 1.1. Provide a surface model for the existing ground surface in Civil 3D at the intersections of Kitsap Way / 11th Avenue and Kitsap Way / National Avenue to the limits described in Task 1.1. 4) Legal Description and Exhibit: Prepare up to four legal descriptions and exhibit for right- of-way or easement acquisition. Understanding Field data will be collected on NAD83/91 Washington State Plane Coordinates, North Zone,Geoid 12A,and NAVD88 Elevation datum. Base mapping will conform to City Bremerton and APWA standards. Deliverables Topographic base map in AutoCAD format and existing surface in Civil 3D format. Phase 3 Preliminary Design Task 1 Data Collection 1) Data Collection: Gather and review available background data and as-builts from the City. Gather and review system maps from dry utility providers (power and communication). 2) Photographs: Walk the site and provide photo documentation. Task 2 Roadway 1) Horizontal Layout Refine concept widening plans for Kitsap Way/11th Avenue. Develop construction centerline alignments for Kitsap Way and connecting streets. Develop preliminary engineering level detail for the roadway layout. Show travel lanes,turn lanes, bike lanes,curb/gutter, sidewalks,and driveways. Curb returns at side streets will match existing street width for side streets. Define alignment data (bearing and curve data)for the centerline and define alignment data (station/offset and curve data)for curbs,and edges of pavement. 2) Vertical Layout Develop flowline profile for roadway widening at Kitsap Way/11th Avenue. HISP Phase III July 1, 2019 City of Bremerton Page 4 SCJ Alliance Exhibit A -Scope of Work Prepare up to four driveway profiles for parcels impacted by the widening at Kitsap Way/11th Avenue. Prepare centerline profile for 11th Street. Design ADA curb ramps at Kitsap Way/11th Avenue and Kitsap Way/National Avenue. 3) Technical Memorandum: Prepare a draft technical memorandum for inclusion in the Basis for Design Report. The memorandum will describe roadway design including standards used to layout the roadway. Task 3 Stormwater 1) Draft Stormwater Site Plan: Prepare a draft Stormwater Site Plan (drainage report)for inclusion in the Basis for Design Report described under Phase 4. Task 4 Utility Mapping 1) Utility Mapping: Obtain system maps and as-built drawings from utility providers. Compare to survey mapping to verify mapping completeness. Field-verify the utility mapping against visible appurtenances and available system maps. Reconcile mapping discrepancies with the City and utility providers. 2) Utility Conflict Technical Memorandum: Prepare a utility conflict technical memorandum and submit for City review. Evaluate available data to identify utility conflicts and make recommendations for final resolution. Coordinate with utility providers to determine cost responsibility for relocations. Identify special construction- related requirements for each utility. Revise the memorandum once per City comments. Include the final memorandum in the Basis for Design Report. 3) Utility Coordination:Coordinate with utility purveyors and City of Bremerton Public Works for utility relocations. Task 5 WSDOT Plan for Approval 1) PFA 1: Prepare an Intersection Plan for Approval (PFA) package for the Kitsap Way corridor. Base the PFA package on the 12-page Olympic Region checklist for PFA submittals. 2) PFA 2: Revise the first PFA based on WSDOT review comments and submit the second PFA package. 3) PFA Pre-Mylar: Revise the second PFA package based on WSDOT review comments and prepare the pre-Mylar package. 4) Final PFA: Revise the pre-Mylar package based on WSDOT review comments and print the PFA drawings on Mylar for WSDOT approval. HISP Phase III July 1, 2019 City of Bremerton Page 5 SCJ Alliance Exhibit A - Scope of Work 5) Coordination: Attend up to one meeting with WSDOT to review the PFA to approval. Task 6 Preliminary Plans 1) Preliminary Plans: Prepare the following plan types at 1"=20' scale (unless noted otherwise). The number of plan sheets per plan type is shown in parentheses. Cover(1 sheet) Typical Sections (2 sheets) Plan and Profile (4 sheets) Channelization (12 sheets) ADA Details (2 sheets) Traffic Signals (Prepared by PH Consulting under Phase 5) Illumination (Prepared by PH Consulting under Phase 5) Retaining Wall Plan and Profile (Prepared by Sargent Engineers under Phase 4) Task 7 Preliminary Cost Estimate 1) Preliminary Cost Estimate Develop quantities based on the preliminary plans. Assign unit costs for quantified items and assign lump sum costs to other items based on professional judgment. Develop a planning level construction estimate that includes a 30%contingency. Task 8 Basis for Design Report 1) Draft Basis for Design Report: Prepare an executive summary to describe work completed and decisions made in Phase 4. Include technical memorandums prepared separately for roadway design,stormwater design,traffic design,traffic control strategy, and utility conflict. Include preliminary plans and cost estimates. Submit to the City for review in MS Word format. 2) Final Basis for Design Report: Revise the report once per City comments. Understanding 11th street only profile change resulting from widening. Roadway design is based on City of Bremerton Engineering and Construction Standards. Drainage design is based on Department of Ecology, Stormwater Management Manual for Western Washington, 2014. Deliverables Meeting summaries submitted in PDF via email. Utility Conflict technical memorandum submitted in PDF via email. Preliminary Plans (11"x17")submitted in PDF via email. Basis for Design Report submitted in PDF via email. HISP Phase III July 1, 2019 City of Bremerton Page 6 SCJ Alliance Exhibit A - Scope of Work Phase 4 Retaining Walls (Sargent Engineers) Task 1 Preliminary Retaining Wall Design 1) Layout: Prepare horizontal and vertical layout of approximately 350 linear feet of engineered retaining wall for cut slopes and approximately 100 linear feet of structural earth wall for cut slopes. 2) Type Selection: Evaluate fill wall type considering cost and constructability. Discuss findings/recommendations with the City and select final wall types. 3) Preliminary Plans: Prepare the following plan types at 1"=20' scale (unless noted otherwise). The number of plan sheets per plan type is shown in parentheses. Wall 1(2 sheets) Wall 2 (4 sheets) Wall Details(2 sheets) 4) Preliminary Cost Estimate: Develop quantities based on the preliminary plans. Assign unit costs for quantified items and assign lump sum costs to other items based on professional judgment. 5) Technical Memorandum: Prepare a draft technical memorandum for inclusion in the Basis for Design Report. The technical memorandum will summarize cost, constructability and aesthetic considerations for identifying preferred wall types. Task 2 90% Retaining Wall Design 1) Layout: Refine wall layout based on 30%design review comments. 2) Design Walls: Provide design parameters for the structural earth retaining wall, Wall 1. Provide engineering design calculations for a soldier pile wall or similar, Wall 2. Provide technical memorandum with design calculations and considerations for inclusion in the Basis for Design Report. 3) 90% Plans: Prepare the following plan types at 1"=20' scale (unless noted otherwise). The number of plan sheets per plan type is shown in parentheses. Wall 1(2 sheets) Wall 2 (4 sheets) Wall Details(2 sheets) 4) Cost Estimate: Develop quantities based on the 90% plans. Assign unit costs for quantified item and assign lump sum costs to other items based on professional judgement. 5) Special Provisions:Write specifications for all non-standard items. 6) Response to Comments: Provide response to 90%design review comments. HISP Phase III July 1, 2019 City of Bremerton Page 7 SC) Alliance Exhibit A - Scope of Work 7) Final PS&E: Update the plans, cost estimate, and special provisions based on the 90% design review comments. Understanding Coordination with utility providers will require up to 40 hours of effort. Plans,cost estimate, and special provisions will be provided to SCJ for each submittal. SCJ will provide the sheet border template in ACAD 2018 format. Wall 1 is located west of 11th Avenue between 13th Street and 11th Avenue on the south side of Kitsap Way. The wall is estimated to be approximately 50 feet in length and is assumed to be a structural earth retaining wall. Wall 2 is located at the intersection of Kitsap Way/11th Avenue on the south side of Kitsap Way. The wall is estimated to be approximately 350 feet in length and is assumed to be a cantilever solider pile wall or similar. SCJ will provide geotechnical studies for each wall. SCJ will provide the roadway design drawings and topographic surfaces in Civil3D 2018 format. Deliverables Preliminary, 90%, and Final PS&E documents submitted in PDF via email. Technical memorandum submitted in PDF via email. Phase 5 Traffic and Lighting (PH Consulting) The project intersections are on the Kitsap Way(SR 310) Corridor and Warren Ave/Wheaton Way(SR 303) Corridor. The traffic and lighting scope consists of preparing the contract documents (PS&E),technical reports,traffic signal timing/coordination plans,and policy statements to implement the following: Improvement/Countermeasure:Add/Upgrade LED Street Lighting at the following location: 1) Kitsap Way Corridor between Wilbert and 11th Ave Improvement/Countermeasure:Signal Head Back Plates with Retroreflective Tape Borders at the following intersections: 1) Kitsap Way&SR3 Off-Ramp (EB, WB,SB) 2) Kitsap Way&SR3 On-Ramp(EB,WB) 3) Kitsap Way&Shorewood Drive (EB, WB) 4) Kitsap Way&Oyster Bay Ave (EB,WB, NB) 5) Kitsap Way&Pedestrian Signal (EB,WB) 6) Kitsap Way&National Ave (WB) 7) Kitsap Way&Adele Ave (WB) 8) Kitsap Way& 11th Ave(NB) 9) Kitsap Way&Wycoff(EB, WB,SB) HISP Phase III July 1, 2019 City of Bremerton Page 8 SCJ Alliance Exhibit A - Scope of Work 10) Kitsap Way/6th St& N Callow Ave (NB) 11) Burwell (SR 304) &Warren (SR-303) (EB,WB,SB) 12) Warren (SR-303) & 6th St (EB,WB, SB, NB) 13) Warren (SR-303) & 11th St(EB,WB, SB, NB) 14) Warren (SR-303) & 16th St(EB,WB, SB, NB) 15) Wheaton Way(SR-303) &Sheridan (EB, WB,SB, NB) 16) Wheaton Way(SR-303) &Sylvan (EB, WB, SB, NB) 17) Wheaton Way(SR-303) & Hollis (EB,WB,SB, NB) 18) Wheaton Way(SR-303) & Riddell (EB,WB,SB, NB) 19) SR-303 & Furneys (EB, WB, SB, NB) Improvement/Countermeasure: Update Signal Timing/Coordination Programming at the following intersections: 1) Kitsap Way&SR3 SB Off-Ramp 2) Kitsap Way&SR-3 NB On/Off-Ramp 3) Kitsap Way&Shorewood Drive 4) Kitsap Way&Ostrich Bay Ave 5) Kitsap Way&Oyster Bay Ave 6) Kitsap Way& Pedestrian Signal 7) Kitsap Way& National Ave 8) Kitsap Way&Adele Ave 9) Kitsap Way& 11th Ave 10) Kitsap Way&Wycoff 11) Kitsap Way/6th St& N Callow Ave 12) 6th St& N Montgomery Ave 13) Burwell (SR 304) &Warren (SR-303) 14) Warren (SR-303) & 6th St 15) Warren (SR-303) & 11th St 16) Warren (SR-303) & 13th St 17) Warren (SR-303) & 16th St 18) Wheaton Way(SR-303) &Sheridan 19) Wheaton Way(SR-303) &Sylvan 20) Wheaton Way (SR-303) & Broad 21) Wheaton Way (SR-303) & Hollis 22) Wheaton Way(SR-303) & Riddell 23) SR-303 & Furneys Improvement/Countermeasure: Provide Pedestrian Clearance Upgrades to meet ITE/MUTCD and Lead Pedestrian Intervals at the following intersections: 1) Kitsap Way&Shorewood Drive 2) Kitsap Way&Ostrich Bay Ave 3) Kitsap Way&Oyster Bay Ave 4) Kitsap Way& Pedestrian Signal HISP Phase III July 1, 2019 City of Bremerton Page 9 Sc] Alliance Exhibit A - Scope of Work 5) Kitsap Way& National Ave 6) Kitsap Way&Adele Ave 7) Kitsap Way& 11th Ave 8) Kitsap Way&Wycoff 9) Kitsap Way/6th St & N Callow Ave 10) 6th St& N Montgomery 11) Burwell (SR 304) &Warren (SR-303) 12) Warren (SR-303) & 6th St 13) Warren (SR-303) & 11th St 14) Warren (SR-303) & 13th St 15) Warren (SR-303) & 16th St 16) Wheaton Way (SR-303) &Sheridan 17) Wheaton Way(SR-303)&Sylvan 18) Wheaton Way(SR-303) & Broad 19) Wheaton Way(SR-303) & Hollis 20) Wheaton Way(SR-303) & Riddell 21) SR-303 & Furneys Improvement/Countermeasure: Install Auxiliary Signal Heads at the following intersections: 1) Kitsap Way&Shorewood Drive (EB, WB) 2) Kitsap Way&Ostrich Bay Ave (EB, WB, NB) 3) Kitsap Way&Oyster Bay Ave (EB,WB) 4) Kitsap Way& National Ave (EB, WB) 5) Kitsap Way& 11th Ave (SB, NB) 6) Kitsap Way&Wycoff(SB) 7) Burwell (SR 304) &Warren (SR-303) (EB,WB) 8) Warren (SR-303) & 6th St (EB, WB) 9) Warren (SR-303) & 11th St (EB- replace with protected, WB) 10) Warren (SR-303) & 13th St(EB, WB) 11) Warren (SR-303) & 16th St(EB, WB) 12) Wheaton Way(SR-303) &Sheridan (EB, WB, NB) 13) Wheaton Way(SR-303) &Sylvan (EB, WB, NB) 14) Wheaton Way(SR-303) & Hollis (WB) 15) Wheaton Way(SR-303)& Riddell (EB,WB, SB) 16) SR-303 & Furneys (SB, NB) Improvement/Countermeasure: Provide Vehicle& Bicycle Detection System at the following intersections: 1) Kitsap Way&Shorewood Drive 2) Kitsap Way&Ostrich Bay Ave 3) Kitsap Way&Oyster Bay Ave 4) Kitsap Way& National Ave 5) Kitsap Way&Adele Ave HISP Phase III July 1, 2019 City of Bremerton Page 10 SCJ Alliance Exhibit A - Scope of Work 6) Kitsap Way& 11th Ave Improvement/Countermeasure: Provide ADA Accessible Pedestrian Pushbuttons at the following intersections: 1) Kitsap Way&Shorewood Drive 2) Kitsap Way& National Ave 3) Kitsap Way& 11th Ave 4) Warren (SR-303) & 6th St Improvement/Countermeasure: Kitsap Way&Shorewood Drive Intersection Improvements 1) Add Protected vehicle/pedestrian phase for eastbound right turn lane with ADA signal. Improvement/Countermeasure: Kitsap Way&Ostrich Bay Intersection Improvements 1) Eastbound: Add left turn signal head/phasing. 2) Northbound: Modify signal heads markings to be consistent with lane use restrictions. Improvement/Countermeasure: Kitsap Way& Pedestrian Signal Crossing 1) Remove extra signal heads and adjust existing signal heads. Improvement/Countermeasure: Kitsap Way&National Ave Improvements 1) Add Protected vehicle/pedestrian phase for eastbound right turn lane with ADA signal improvements. Improvement/Countermeasure: Kitsap Way& 11th Ave Intersection Improvements 1) Traffic signal modifications to include new cabinet/controller and foundation, new dual mast signal pole &foundations,and ADA signals. Task 1 Project Monitoring and Coordination 1) Project Coordination: Provide coordinate with SCJ on a weekly basis. Provide support for the City in coordination with WSDOT requirements. 2) Project Monitoring, Progress Reporting, and Invoicing: Coordinate with design team members, project scheduling, and prepare of a monthly progress report and a monthly billing statement. The monthly progress report shall summarize work completed during the reporting period; issues addressed, and anticipated issues during the next reporting period. 3) Project Team Meetings: Conduct internal project coordination meetings and biweekly meetings with SCJ throughout the duration of the Project. HISP Phase III July 1, 2019 City of Bremerton Page 11 SC]Alliance Exhibit A - Scope of Work Task 2 Preliminary Design 1) Data Collection and Review: Review the as-builts, CAD files, GIS Data, and incorporate relevant information. 2) Site Reconnaissance: Visit the project sites and familiarize with the site conditions and data collected for the project. Obtain photographs for design reference. Check the preliminary base maps to confirm complete and accurate representation of existing conditions. Field check the design to assure the design fits the conditions in the field. Notify SO of any additional information or clarification required. 3) Preliminary Traffic Signal & Street Light Improvements: Prepare preliminary traffic signal and lighting improvement plans with construction notes and standard details at 1"=20' scale (unless noted otherwise). The number of plan sheets per plan type is shown in parentheses. Index/Key Map(1 sheet) Traffic Signal Modification Plan Sheets (7 sheets) Kitsap&Shorewood (1 sheet) Kitsap&Ostrich (1 sheet) Kitsap& National (1 sheet) 11th St Signal Plan Sheet(1 sheet) Street Light Plan (1 sheet) 4) 30% Design Package: Provide technical memorandum including design documentation, calculations, and considerations. Provide technical memorandum to SCJ for inclusion in the Basis for Design Report. Provide preliminary cost estimate prepared under a separate task. Task 3 Agency and Stakeholder Coordination 1) City Coordination: Support SCJ in coordinating the preparation and review of the project design work with CITY staff and applicable review agencies and stakeholders at the OTS, 90%, and 100% levels of design completion. Provide copies of technical documentation to facilitate agency and stakeholder review and approval of the proposed project solutions. This task provides for coordination of technical issues with CITY staff and the coordination and resolution of review comments. Up to four meetings at the City of Bremerton are assumed asfollows: Project Kickoff Meeting OTS, 90%, 100%Comment Review Meetings Task 4 Final Design 1) Over the Shoulder Review Set: Provide one over-the-shoulder (OTS) review set for the 60% design meetings based on comments received during the 30% design review meeting. The OTS review plan set will include the following plans prepared at 1"=20' scale (unless noted otherwise) in addition to the plans prepared during the preliminary design.The number of plan sheets per plan type is shown in parentheses. HISP Phase III July 1, 2019 City of Bremerton Page 12 SCJ Alliance Exhibit A - Scope of Work Traffic Signal Pole Schedule (1 sheet) Traffic Signal Wire Diagram (1 sheet) Traffic Signal Detail Sheets(2 sheets) 2) 90%Traffic Signal &Street Lighting Improvement Design: Revise the design drawings in accordance with comments received in the OTS review meeting. Prepare traffic signal and street lighting improvement plans and details in accordance with CITY standards, CITY guidelines, and MUTCD. Plans will show proposed locations for the new streetlights,signal poles,traffic signal heads, pedestrian push buttons,wiring diagrams, electrical hardware,conduit,and pedestrian poles. 3) Comment Response: Coordinate with SO to receive comments on each plan submittal and respond to each set of comments resulting from the 30%, OTS, 90%, and 100% design review meetings. 4) Final Plans: Revise plans based on the 90% design review comments and submit to SCJ in PDF format via email. 5) Bid Set: Revise plans based on the 100% design submittal and submit to SCJ in PDF format via email. Task 5 Special Provisions 1) Special Provisions: Provide the contract provisions, special provisions and appendices for the project to SCJ for incorporation into the project package. A contract specifications outline will be prepared for the 30% design submittal. Special provisions will be included with the 90%design submittal. Task 6 Quantities and Opinion of Probable Costs 1) Quantities: Compile quantities for the project into a single summary of quantities sheet. provide SCJ with calculation and measurement notes for estimated quantities at each design level. 2) Opinion of Cost: Prepare an engineer's opinion of cost for the project at the 30%, 90%, 100%, and bid-ready levels of completion. The opinions of cost will be prepared using bid items with documented unit costs, lump-sum prices, and back up. The opinions of cost will be submitted in Excel format meeting the CITY's standard format. Task 7 Traffic Analysis, Timing, and Coordination Plans 1) Traffic Operations Policy Recommendations: Develop proposed operations policy for implementation of Lead Pedestrian Interval and pedestrian crossing time calculation methodology meeting MUTCD requirements. Prepare preliminary memorandum to CITY for review and incorporate comments into final technical memorandum. 2) Signal Timing Plan Development — Warren Avenue / Wheaton Way Corridor: Prepare recommended basic signal timing parameters and up to two new time of day coordination plans for up to 11 intersections on the Warren Avenue / Wheaton Way HISP Phase III July 1, 2019 City of Bremerton Page 13 SCJ Alliance Exhibit A -Scope of Work Corridor. Intersections are anticipated to operate in free mode during off peak periods. Proposed timing parameters will include Lead Pedestrian Intervals and calculated pedestrian clearance phase timings per MUTCD and approved City Policy. Attend one preliminary meeting with CITY traffic operations staff to document required timing parameters and understand needs as they relate to signal timing. One meeting is assumed between CITY traffic operations staff and PHC staff to review proposed timings prior to implementation as described in Task 7. Task 8 Timing, Coordination Plan Implementation- Warren Avenue/ Wheaton Way Corridor 1) Timing, Coordination Plan Implementation —Warren Avenue/Wheaton Way Corridor: Provide traffic signal timing implementation support services for the Warren Ave Wheaton Way Corridor intersections. After traffic signal timings have been reviewed, approved, and bench tested by the CITY PHC will spend up to three days in the field with CITY traffic operations staff observing, testing, and adjusting timings to optimize coordination plans. Task 9 Bidding Services 1) Bidding Services: Support SCJ and City staff during the bidding period as directed. For budget purposes, 8 hours of support are assumed. Understanding CITY will review and approve PHCs proposed traffic signal improvement sheet layouts. SCJ will provide electronic base mapping in CiviI3D 2018 format. CITY will provide existing as-builts along the corridor and at intersections. SCJ will provide utility and Right of Way coordination. CITY will provide available historical traffic collision data and traffic count data information for all applicable intersections. CITY will provide all existing traffic signal timing sheets and electronic controller database/configuration files for the intersections being analyzed. City will provide latest relevant synchro model network segments. City will test all controller programming files supplied by PHC prior to implementing in field. SCJ will perform all WSDOT/FHWA, property owner, and private utility coordination necessary for the project. SCJ will be responsible for preparing meeting agendas, documentation, and confirming action items. Applicable CITY and/or WSDOT Standard Plans will be included in the Contract Provisions. Traffic Control plans will be provided by SO. PIF Documentation will be provided by SO. HISP Phase III July 1, 2019 City of Bremerton Page 14 SCJ Alliance Exhibit A -Scope of Work Wiring diagrams and custom details will be provided during the 60% design review meetings and 90% PS&E package. SCJ will provide the sheet border template in ACAD 2018 format. SCJ will compile the project plans, estimate, and special provisions into a single submittal and submit to the City. New signal timing and coordination development for the Warren Ave Corridor will be completed and implemented prior to beginning work for the Kitsap Way Corridor. Contract special provisions will be prepared using the current WSDOT Standard Specifications, WSDOT/APWA general special provisions, and the CITY's standard special provisions as applicable to the project design. Deliverables Preliminary Traffic Signal &Street Lighting Improvement Sheets submitted to SCJ in PDF via email. Cost estimates for the 30%, 90%, 100%, and bid plan sets submitted to SCJ in Excel via email. Special provisions for the 90%, 100%, and bid packages submitted to SO in Word via email. Technical Memorandum submitted to SCJ in PDF via email. Draft and Final Traffic Operations Recommendations Memorandum submitted to SO in PDF via email. Weekday AM, and PM Synchro models with proposed signal timing plans for all intersections. (Synchro). Controller Database/Configuration files with new timings programmed. Traffic Analysis Memorandum documenting approach, proposed timings, coordination periods and segments, and Existing and Proposed LOS Results submitted to SCJ in PDF via email. Final AutoCAD drawings in AutoCAD 2018 format with x-ref files bound to each drawing file. Phase 6 Geotechnical Design (by GeoEngineers) Task 1 Project Planning, Coordination, and Field Explorations 1) Project Planning and Coordination:Apply for Washington State Department of Transportation (WSDOT)General Permit. Provide traffic control plans and traffic control for geotechnical field explorations.Coordinate planning and scheduling for subcontracted drilling and traffic control services. 2) Utility Locates:Visit the project site to coordinate boring locations and mark out preliminary boring locations. Contacting the "One-Call" Utility Notification Center to locate utilities. Follow-up site visit to check status of underground utility locates. HISP Phase III July 1, 2019 City of Bremerton Page 15 Sc] Alliance Exhibit A - Scope of Work 3) Field Explorations:Advance three to four hollow-stem auger borings near proposed wall structures and site improvements to nominal depths ranging between 20 and 40 feet below ground surface(bgs). Coordinate with vacuum truck services to clear boring location of soil to check for presence of utilities. Obtain soil samples and perform standard penetration tests(SPT)at 2.5-to 5-foot intervals to sample soils and measure in-place density. 4) Slope Reconnaissance:Conduct a limited slope reconnaissance for the length of slope where the proposed engineered wall will be located.The slope reconnaissance will be limited to observations made from the public ROW.These observations will be completed during the time of subsurface explorations. Task 2 Geotechnical Design and Reporting 1) Data Collection: Review existing readily available subsurface information and published geologic maps. 2) Laboratory Testing: Laboratory testing on selected soil samples. Laboratory testing will comprise moisture content determinations and particle-size analyses. 3) Geotechnical Report: Prepare a written geotechnical design report summarizing our findings, conclusions and recommendations. Our report will include a site map of the project with boring locations, appropriate engineering figures and supporting information. Provide a draft report for comment and review followed by a final report incorporating mutually agreed upon changes.The report will include the following: General discussion of site soil and groundwater conditions encountered based on our review,explorations,and testing. Discussion on existing slope observations made during our limited slope reconnaissance. Design recommendations for a contractor-designed structural earth wall (SEW), for up to about 12 feet exposed height, based on guidance from applicable sections of the American Association of State Highway and Transportation Officials (AASHTO) Load and Resistance Factor Design (LRFD) Bridge Design Specifications, Eighth Edition, 2017 (AASHTO LRFD), WSDOT Geotechnical Design Manual, 2015 (WSDOT GDM) and WSDOT Standard Specifications, 2020. Recommendations will include SEW design parameters, bearing surface preparation recommendations and allowable bearing pressures. Provide a discussion on drainage criteria. Recommendations for permanent cantilever soldier pile or similar wall design within existing slope adjacent State Route 310 southbound. Provide presumed lateral earth pressure diagram(s) based on guidance from applicable sections of the AASHTO LRFD and WSDOT GDM and include a discussion on installation and construction considerations. Provide global slope stability analysis of the slope with proposed permanent cantilever soldier pile wall or similar wall in-place using commercially available slope stability analysis software (SLOPE/W) and based on guidance from applicable sections of the WSDOT GDM. HISP Phase III July 1, 2019 City of Bremerton Page 16 SCJ Alliance Exhibit A -Scope of Work Provide geotechnical seismic design information in accordance with the AASHTO LRFD guidelines and discussing our opinion on the potential for surface rupture, liquefaction and lateral spreading at the site. Provide recommendations for lateral bearing pressures for signal pole foundation design based on guidance in the WSDOT GDM. Discuss construction considerations regarding installation of the signal pole foundations. Provide recommendations for small ancillary foundations within the project site based on guidance from applicable sections of the AASHTO LRFD. Provide recommendations for site preparation and earthwork including temporary erosion and sedimentation controls, temporary and permanent cut slopes, fill placement and compaction requirements, wet weather considerations, groundwater handling and site drainage. Task 3 Post Geotechnical Design Consultation 1) Geotechnical Consultation: Provide geotechnical consultation during planning and design. Understanding SCJ will provide the proposed topographic data that includes the proposed soldier pile wall. Soldier piles will not require axial loading considerations. Work time restrictions limit work between 9 am and 3 pm within the traveled way. The budget includes up to 100 lineal feet of drilling and two full days for field explorations. One travel lane will be closed to access boring locations and obtain samples. The planned explorations do not include an environmental site assessment and the site is assumed to be"clean" regarding hazardous or contaminated materials. The liquefaction potential at the site is anticipated to be low;therefore,a full liquefaction and lateral spreading analysis for this study is not included. Post geotechnical design consultation is budgeted at 20 hours. Deliverables Traffic Control Plan submitted in PDF via email. Geotechnical Design Report in PDF via email. Phase 7 Environmental Documentation Support Task 1 Environmental Documentation Support 1) Area of Potential Effects: Prepare Area of Potential Effects document for the project limits. HISP Phase III July 1, 2019 City of Bremerton Page 17 SO Alliance Exhibit A -Scope of Work 2) WSDOT Meeting: Attend NEPA DCE meeting with LPE and LEE at the City or WSDOT Olympic Region. Prepare draft NEPA DCE and distribute to meeting attendees one week prior to the meeting. Understanding There are no wetland impacts. The City will prepare the SEPA and NEPA DCE applications. There are no discipline reports required for the NEPA. The SEPA determination will be Determination of Non-Significance. Deliverables APE Phase 8 Public Involvement Task 1 Public Involvement 1) Focus Meetings: Support the City in meeting with individual property owners and/or business owners to discuss the project and gather input. 2) Public Meetings: Hold up to two public information meetings to report on project progress and gather public feedback. Prepare graphic materials for discussion purposes. Prepare notes from the meetings to document key decisions and/or action items. Understanding Support for Focus Meetings is budgeted at 8 hours. Deliverables Meetings summaries for focus meetings, public information meetings, submitted in PDF via email. Phase 9 Final Design Task 1 Utility Coordination 1) Identify Potholing Locations: Based on potential utility conflicts identified under the preliminary design phase,identify recommended potholing locations and submit to the City. Task 2 Roadway 1) Horizontal Layout: Finalize the horizontal layout. 2) Vertical Layout: Determine final flowline grade at Kitsap Way/11th Avenue;develop final curb return profiles and intersection grading(1 intersection);develop final driveway profiles for up to 4 driveways;and detail ADA ramps, roadway intersections, and driveways. Develop final back of sidewalk grades and design conformance to existing yards. HISP Phase III July 1, 2019 City of Bremerton Page 18 Sc] Alliance Exhibit A - Scope of Work Task 3 Drainage 1) Stormwater Site Plan: Prepare a Stormwater Site Plan (drainage report) per the Ecology Stormwater Management Manual for Western Washington (2014). Task 4 Channelization and Signing 1) Striping: Revise pavement marking plans to incorporate any horizontal design changes. 2) Signing: Develop a signing plan to meet the requirements of the MUTCD. Identify sign type,size and location. Identify existing signs to be relocated or removed. Task 5 Design Documentation 1) Final Design Report: Prepare a memorandum in addendum to the Basis of Design Report. Explain changes to the design and attach supporting documentation and/or calculations. Task 6 60% Progress Meetings: 1) 60% Progress Meetings: Attend up to one two-hour meeting in Bremerton and up to two one-hour conference calls to review design and plan progress with the City between Preliminary Design and 90% PS&E. 2) Utility and Electrical Review: Provide 60% utility and electrical design drawings for review. Task 7 90% Plan Sheets 1) The following 90% plans will be updated according the 30% review and comments from Task 6: Cover Sheet(1 sheet) Summary of Quantities(1 sheet) Horizontal Alignment Plan (12 sheets @ 20 scale double stacked full size) Roadway Sections (3 sheets) Temporary Erosion and Sediment Control Plans (12 sheets @ 20 scale double stacked full size) TESC Details and Notes(1 sheet) Removal and Excavation Plans (12 sheets @ 20 scale double stacked full size) Roadway/Stormwater Plan and Profiles(4 sheets @ 20 scale full size) Roadway/Stormwater Details (1 sheets) ADA Grading Details(4 sheets) Paving Plans (4 sheets @ 20 scale double stacked full size) Pavement Marking and Signing Plan (12 sheets @ 20 scale double stacked full size) Sign Specification Sheet(1 sheet) Traffic Signals (Prepared by PH Consulting under Phase 5) Illumination (Prepared by PH Consulting under Phase 5) HISP Phase III July 1, 2019 City of Bremerton Page 19 Sc] Alliance Exhibit A - Scope of Work Retaining Wall Plan and Profile (Prepared by Sargent Engineers under Phase 4) Traffic Control Plans (6 sheets @ 20 scale full size) Task 8 90% Engineer's Estimate 1) 90% Engineer's Estimate: Develop quantities based on the 90% plans. Assign unit costs for quantified item and assign lump sum costs to other items based on professional judgment. Develop a 90%construction cost estimate that includes a 10% contingency. Task 9 90% Contract Documents 1) 90%Contract Documents: Write specifications for all non-standard items. Compile the special provisions into one Project Manual document. Task 10 Final Comment Resolution 1) Final Comment Resolution: Respond to 90% review comments in a matrix format. Attend one meeting with the City to resolve comments from the 90% review. Task 11 Final PS&E Package 1) Final Plans: Update the plans per the 90% review comments. 2) Final Engineer's Estimate: Update the quantities to reflect the plan updates. Prepare Unit Price Worksheet including item descriptions, unit, quantity and cost. Update the engineer's estimate with revised quantities. 3) Final Contract Documents: Assemble the General Provisions,Special Provisions,and Unit Price Worksheet into one Project Manual document. Understanding The City will provide SO with approved contract documents and boilerplate Division 1 special provisions. The 90%and Final reviews will not result in material changes to the design of improvements. Deliverables Final Basis of Design Report submitted in PDF via email. Stormwater Site Plan submitted in PDF via email. PS&E Package (90%) including half-size plans,special provisions,and engineer's estimate. PS&E Approval Package (Final) including half-size plans,special provisions, and engineer's estimate. Phase 10 Bidding Services Task 1 Bidding Services 1) Bid Documents: Prepare bidding documents for advertisement. HISP Phase III July 1, 2019 City of Bremerton Page 20 SCJ Alliance Exhibit A -Scope of Work 2) Bidding Services:Support City staff during the bidding period as directed. For budget purposes,8 hours of support preparing addendums and responding to request for information are assumed. 3) Conformance Documents: Prepare conformance documents to include bid addendums. Phase 11 Potholing (Optional Future Phase) Phase 12 NEPA Discipline Reports (Optional Future Phase) Phase 13 Right-of-Way Services (Optional Future Phase) Phase 14 Construction Engineering Services (Optional Future Phase) Phase 15 Timing and Coordination Plan Implementation Optional Future Phase) END OF SCOPE OF SERVICE G:\Team Drives\Marketing\Proposal Numbers\P3200.01 to P3600.01\P3421.01 Bremerton Kitsap Way Design\Scope and Fee\2019-0524_Bremerton HISP Ph 3_Scope_DRAFT.docx HISP Phase III July 1, 2019 City of Bremerton Page 21 Exhibit B DBE Participation See attached DBE Participation Plan. Agreement Number: Exhibit B-Local Agency Professional Services CostPlus Fixed Fee Consultant Agreement Revised 03/292019 Page 1 of 1 4110. 1 r SCJ ALLIANCE CONSULTING SERVICES Exhibit B UDBE Participation Plan To Brian Moorhead, PE From: Josh Brannin, PE Date: July 1,2019 P3241.01—HISP Phase III: Kitsap Way(SR 310)and Warren Avenue (SR 303)Traffic Signal andProject: Multimodal Safety Subject Proposed UDBE Participation Plan SCJ Alliance proposes to use the following Underutilized Disadvantaged Business Enterprises (UDBEs)for the Taylor Way Rehabilitation Project. The proposed use of UDBE firms is based on an assumed total Consultant Team contract of$386,000 with a minimum participation of level of 9%. Please contact Josh Brannin at 360-352-1465,josh.brannin@scjalliance.com, if you have any questions. Summary of Participation Firm Discipline Budget Participation Range UDBE Firms PH Consulting Inc Traffic 122,257 33% Total 122,257 33% 212 N Tower Ave • Centralia, WA 98531 • Office 360.669.0700 • Fax 360.352.1509 • scjalliance.com 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 2019. B. Roadway Design Files Plans in AutoCAD Civil 3D 2019 and PDF, C. Computer Aided Drafting Files See above. Agreement Number: Exhibit C-Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/292019 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 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 Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Page 2 of 4 II. Any Other Electronic Files to Be Provided None. III.Methods to Electronically Exchange Data SCJ FTP Site. Exhibit C-Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Page 3 of 4 A. Agency Software Suite N/A B. Electronic Messaging System N/A C. File Transfers Format N/A Exhibit C-Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Page 4 of 4 Exhibit D Prime Consultant Cost Computations Please see attached Prime Consultant Budget. Agreement Number: Exhibit D-Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Page 1 of 1 Consultant Labor Hour Estimate-Exhibit D-1 mow SCJ Alliance SCJ ALLIA IV C_t Client: City of Bremerton Template Version: 5/20/2019 ccryw r.+e x. as Project HIS!,Phase Ill Control Type: LAG Contract I.0, TBD F Ile Name. 20190713 9remertun HISP Phi FEE final rism Total DirectPhone& Phase&Task Title PrincipaI Project Project Design Sr Planner Project Project Task No. Manager Engineer I Engineer Coord.I Accountant Labor Hours& Total Cost Cost Phase 01 Project Management Task 01 Management 1 Management 2.0 50.0 52.0 7,787 2 Schedule and Budget 12.0 120 1,759 Subtotal Hours: 2.0 62.064.0 9,546 I Task 02 Administration I Progress Reports 8.0 15.0 23.0 2,379 2 Progress Billings 8.0 8.0 16.0 2,322 3 Filing 8.0 8.0 644 4 Subconsultant Administration 15.0 15.0 2,198 Subtotal Hours: 31.0 23.0 8.0 62.0 7,543 Task 03 Quality Assurance/Quality Control 1 Quality Control 20.0 20.0 2,931 2 Quality Assurance 20.0 200 2,931 Subtotal Hours: 40.0 40.0 5,862 Total Phase Hours: 2.0 133.0 23.0 8.0 166.0 166.0 Total Phase Direct Labor. $160.00 $6,78300 644.00 $400.00 $7,997.00 $22,950.64 Phase 02 Survey and Right of Way Delineation Phase 03 Preliminary Design Task 1 Data Collection 1 Data Collection 8.0 8.0 965 2 Photographs 8.0 8.0 965 Subtotal Hours: 16.0 16.0 1,931 Task 2 Roadway 1 Horizontal Layout 2.0 8.0 10.0 931 2 Vertical Layout 4.0 16.0 20.0 51,862 3 Techincal Memorandum 4.0 8.0 12.0 1,552 Subtotal Hours: 4.0 14.0 24.0 42.0 4,345 Task 3 Stormwater 1 Draft Starmwater Site Plan 1.0 12.0 13.0 1,181 Subtotal Hours: 1.0 12.0 13.0 1,181 Task 4 Utility Mapping 1 UtilityMapping 2.0 16.0 18.0 1,621 2 Utility Conflict Technical Memorandum 2.0 8.0 100 931 3 Utility Coordination 40.0 40.0 4,827 Subtotal Hours: 44.0 24.0 68.0 7,379 Task S WSDOT Plan forApproval 1 PFA1 16.0 120.0 136.0 12,276 2 PFA2 4.0 40.0 44.0 3,931 3 PFA Pre-Mylar 2.0 16.0 18.0 1,621 4 Final PFA 1.0 4.0 5.0 466 5 Coordination 2.0 2.0 4.0 534 Subtotal Hours: 2.0 25.0 180.0 207.0 18,827 Task 6 Preliminary Plans 1 Cover(S) 2.0 6.0 8.0 759 2 Typical Sections(1) 2.0 10.0 12.0 1,103 3 Plan and Profile(3) 4.0 24.0 28.0 2,552 4 Channelization(12) 4.0 24.0 28.0 2,552 5 ADA Details(3)2.0 12.0 14.0 1,276 Subtotal Hours: 14.0 76.0 90,0 8,241 Task 7 Preliminary Cost Estimate 1 Preliminary CostEstimate 2.0 12,0 14.0 1,276 Subtotal Hours: 2.0 12.0 14.0 1,276 1 of l 1,, Consultant Labor Hour Estimate-Exhibit D-1 SCJ Alliance SCJ At_E_lara c:, vU. Client. City of Bremerton Template Version: 5/20/2019 Project: HISP Phase Ill contract Type, LAO Contract lob 0: TAD File Name: 2019-0712 aemerton HISP Phi FEE jinalvIsm Phase& Phase&Task Title Principal Project Project Design Project Project Total Direct Task No. Pa Manager Engineer I Engineer Sr Planner Coord.l Accountant labor Flours& Total Cost Cost Task 8 Basis for Design Report 1 Draft Basis for Design Report 2.0 8.0 10.0 5931 2 Final Basis for Design Report 1.0 2.0 3.0 5293 Subtotal Hours 3.0 10.0 13.0 1,224 Total Phase Hours: 7.0 118.0 338.0 463.0 463.0 Total Phase Direct Labor: 357.00 $4,956.00 510,140.00 15,453.00 $44,404.20 Phase 04 Retaining Walls Phase 05 Traffic and Lighting Phase06 Geotechnical Design Phase 07 Environmental Documentation Support Task 1 Environmental Documentation Support 1 Area of Potential Effects 8.0 8.0 644 2 WSDOT Meeting 2.0 2.0 4.0 54S4 Subtotal Hours: 2.0 10.0 12.0 51,098 Total Phase Hours: 2.0 10.0 12.0 12.0 oral Phase Direct Labor: 5102.00 280.00 382.00 $1,097.68 Phase 08 Public Involvement Task 1 Public Involvement 1 Focus Meetings 8.0 8.0 1,172 3 Public Meetings 10.0 8.0 18.0 2,155 Subtotal Hours: 18.0 8.0 26.0 3,328 Total Phase Hours: 18.0 8.0 26.0 26 0 Total Phase Direct Labor: 918.00 240.00 51.15800 53,727 01 Phase 09 Final Design Task 1 UtilityCoordination 1 Identify Potholing Locations 1.0 4.0 5.0 466 Subtotal Hours: 1.0 4.0 5.0 466 Task 2 Roadway 1 Horizontal Layout 1.0 4.0 5.0 5466 2 Vertical Layout 2.0 24.0 26.0 2,310 Subtotal Hours: 3.0 28.0 31.0 2,776 Task 3 Drainage 1 Stormwater Site Plan 1.0 8.0 9.0 810 a &WRAP Subtotal Hours: 1.0 8.0 9,0 810 Task 0 Channelization and Signing 1 Striping 2.0 2.0 172 2 Signing 1.0 2.0 3.0 293 Subtotal Hours: 1.0 4.0 5.0 466 Task 5 Design Documentation 1 Final Design Report 1.0 4.0 5.0 466 Subtotal Hours: 1.0 4.0 5.0 466 Task 6 60%Progress Meetings 1 60%Progress Meetings 6.0 6.0 879 2 Utilityand Electrical Review 4.0 4.0 586 Subtotal Hours: 10.0 10.0 1,465 Task 7 90%Plan Sheets 1 Cover Sheet(1 sheet) 1.0 1.0 2.0 207 2 Summary of Quantities(l sheet) 1.0 1.0 2.0 207 3 Horizontal Alignment Plan 112 sheets) 6.0 48.0 54.0 4,862 2 of 3 7/12/2019 Consultant Labor Hour Estimate-Exhibit D-1 Ain 50 Alliance SCJ ALLIANCE crw,a,,,...a x..can Client: City of Bremerton Template Version. S/20/2019 Project: HISP Phase Ill Contract Type. LAG Contract lobe. TBD File Name: 2019-07120 mcrton MISPP alrism Total Direct Phase& Phase&Task Title Principal Project Project Design sr Planner Project Project Labor Hours& Total Cost Task No. Manager Engineer Engineer Coord.I Accountant Cost 4 Roadway Sections(1 sheet) 1.0 4.0 5.0 466 S Temporary Erosion and Sediment Control Plans(3 sheets) 2.0 12.0 14.0 1,276 6 TESC Details and Notes(1 sheet) 1.0 4.0 5.0 5466 7 Removal and Excavation Plans(12sheets)12.0 80.0 92.0 8,345 8 Roadway/Stormwater Plan and Profiles(3 sheets) 4.0 20.0 24.0 52,207 9 Roadway/Stormwater Details(1sheet) 1.0 8.0 9.0 810 10 ADA Grading Details(3 sheets) 2.0 16.0 18.0 1,621 11 Paving Plans(3 sheets) 4.0 20.0 24.0 52,207 12 Pavement Marking and SigningPlan(12 sheets) 8.0 40.0 48.0 4,414 13 SignSpecification Sheet(1 sheet) 1.0 8.0 9.0 810 14 Traffic Control Plans(6 sheets @ 20 scale fullsite) 6.0 16.0 22.0 2,103 Subtotal Hours: 50.0 278.0 328.0 29,999 Task 8 90%Engineer'sEstimate 1 90%Engineer's Estimate 1.0 6.0 7.0 5638 Subtotal Hours: 1.0 6.0 7.0 638 Task 9 90%Contract Documents 1 90%Contract Documents 2.0 24.0 26.0 2,310 Subtotal Hours: 2.0 24.0 26.0 52,310 Task 10 Final Comment Resolution 1 Final Comment Resolution 1.0 2.0 3.0 293 Subtotal Hours: 1.0 2.0 3.0 293 Task 11 Final P5&E Package 1 Final Plans 2.0 16.0 18.0 1,621 2 Final Engineer'sEstimate 1.0 4.0 5.0 5466 3 Final Contract Documents 1.0 4.0 5.0 5466 Subtotal Hours: 4.0 24.0 28.0 2,552 Total PhaseHours: 10.0 65.0 382.0 457.0 457.0 - Total Phase Direct Labor: 510.00 $2,730.00 511,460.00 514,700.00 $42,240.45 Phase 10 Bidding Services Task 1 Bidding Services 1 Bid Documents 4.0 4.0 345 2 Bidding Services 8.0 8.0 965 3 Conformance Documents 4.0 4.0 5345 Subtotal Hours: 8.0 8.0 16.0 51,655 Total Phase Hours: 8.0 8.0 16.0 16 0 I Total Phase Direct Labor: 336.00 $240.00 I $576.00 I 51,659 14 Total Hours All Phases 2.0 170.0 191.0 736.0 10.0 23.0 8.0 1,140.0 1140.0 Total Direct Labor Estimate All Phasny $160.00 $8,670.00 $8,022.00 $22,080.00 $280.00 5644.00 5400.00 $40,256.00 5115,675.62 Indirect Costs Subconsultants: MTN2COAST 22,846.00 Sargent Engineers 32,804.00 PH Consulting 122,256.80 GeoEngineers 35,338.00 Subconsultant Total: 213,244.80 Subconsultant Markup: Subtotal: 213,244.80 Copies,Printing,etc. 2,891.89 Mileage 422.50 Management Reserve: 33,223.48 Total Indirect Costs: 5 249,782.67 Total: 365,458.29 3,3 7/12/2019 Consultant Fee Determination-Exhibit D-1 w SCJ ALLIANCE SCJ Alliance CON3ULTiNOSERLICLS Client: City of Bremerton Project: HISP Phase III Job#: TBD Template Version: 5/20/2019 File Name: 2019-0712_Bremerton HISP Ph 3_FEE_final.xlsm Contract Type: LAG Contract Consultant Fee Determination DIRECT SALARY COST Classification Hours Direct Hourly Rate Amount Principal 2.0 80.00 160ProjectManager170.0 51.00 8,670ProjectEngineerI191.0 42.00 8,022 Design Engineer 736.0 30.00 22,080SrPlanner10.0 28.00 280 Project Coord.I 23.0 28.00 644 Project Accountant 8.0 50.00 400 Total Direct Salary Cost $40,256 OVERHEAD Overhead Rate: 157.35% Direct Salary Cost: $40,256 Overhead Cost $63,343 FIXED FEE Fixed Fee Rate:30.00% Direct Salary Cost: $40,256 Fixed Fee Cost $12,077 TOTAL SALARY COST Total Salary Cost $115,676 SUBCONSULTANTS MTN2COAST Phase 02 Survey and Right of Way Delineatic $22,846 Sargent Engineers Phase 04 Retaining Walls 32,804 PH Consulting Phase 05 Traffic and Lighting 122,257 GeoEngineers Phase 06 Geotechnical Design 35,338 Subconsultant Fee 213,245 Subconsultant Markup: 0% 0 Total Subconsultant Cost $213,245 REIMBURSABLES Copies,Printing,etc. 2.5% of the Direct Salary Costs 2,892 Mileage 650 miles at $0.650 per mile 423 Total Expenses $3,314 SUBTOTAL(SALARY,SUBCONSULTANTS AND EXPENSES) Subtotal(Salary,Subconsultants and Expenses) 332,235 MANAGEMENT RESERVE FUND(MRF) Management Reserve: 33,223 33,223 Total Estimated Budget: 365,458 1 of 1 7/12/2019 Consultant Fee Determination Summary Sheet-Exhibit D-2 Specific Rates of Pay-Fee Schedule SCJ ALL_IAr'JCE SCJ Alliance Client: City of Bremerton Hourly Rate Table Format: LAG Contract Project: HISP Phase III Allowable Overhead Rate: 157.35% Job#: TBD Negotiated Fixed Fee: 30.0% File Name: 2019-0712_Bremerton HISP Ph 3 FEE final.xlsm Billing Rate Table Version:5/20/2019 Actuals Not To Exceed Billing Rate Table(ANTE) Direct Labor Allowable Negotiated Total Hourly Job Classifications Hourly Rate Overhead Profit Billing Rates NTE 157.35% 30.0% NTE Sr Principal Consultant 110.00 173.09 33.00 316.09 Principal 84.00 132.17 25.20 241.37 Sr Project Manager 67.75 106.60 20.33 194.68 Project Manager 55.00 86.54 16.50 158.04 Project Engineer II 47.00 73.95 14.10 135.05 Project Engineer I 45.00 70.81 13.50 129.31 Sr Design Engineer 48.00 75.53 14.40 137.93 Senior Consultant 78.00 122.73 23.40 224.13 Principal Landscape Architect 58.00 91.26 17.40 166.66 Project Landscape Architect 41.50 65.30 12.45 119.25 Landscape Architect I 34.50 54.29 10.35 99.14 Landscape Designer 28.00 44.06 8.40 80.46 Senior Designer 42.00 66.09 12.60 120.69 Design Engineer 36.00 56.65 10.80 103.45 Designer 30.00 47.21 9.00 86.21 Sr Transp Planner 55.00 86.54 16.50 158.04 Transp Planner 41.00 64.51 12.30 117.81 Sr Planner 52.00 81.82 15.60 149.42 Planner 39.00 61.37 11.70 112.07 Env.Scientist 55.00 86.54 16.50 158.04 Const.Inspector 26.25 41.30 7.88 75.43 Project Coord.II 36.00 56.65 10.80 103.45 Project Coord.I 28.00 44.06 8.40 80.46 Project Accountant 52.00 81.82 15.60 149.42 Information Services Manager 50.00 78.68 15.00 143.68 Information Technology Specialist 49.00 77.10 14.70 140.80 Senior Marketing Coordinator 44.00 69.23 13.20 126.43 Communication Specialist 0.00 0.00 0.00 0.00 Graphic Designer 36.00 56.65 10.80 103.45 Communications Manager 45.00 70.81 13.50 129.31 Admin Asst. 0.00 0.00 0.00 0.00 Technician 0.00 0.00 0.00 0.00 1 of 1 7/12/2019 Ink apiearkWashingtonStateTransportation Budding TI/ Department of Transportation Po MBox 47300 Avenue s.r. Oymia,WA 98504-7300 360-705-7000 TTY:1-800-833-6388 www.wsdot.wa.gov July 1, 2019 Shea,Carr&Jewell, INC(dba SCJ Alliance) 8370 Tallon Lane NE, Suite 200 Lacey, WA 98516-6642 Subject: Acceptance FYE 2018 ICR- CPA Report Dear Lisa Hicks: We have accepted your firms FYE 2018 Indirect Cost Rate(ICR)of 157.35%of direct labor(rate includes 0.35%Facilities Capital Cost of Money)based on the"Independent CPA Report," prepared by CPA Consulting. This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with the firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at(360)705-7019 or via email consultantrates(a N'sdot.vk a. o Regards: Jonson, Erik Jul 2 2019 1:47 PM ERIK K.JONSON Contract Services Manager EKJ:ah Acceptance ICR CPA Report SCJ ALLIANCE STATEMENT OF DIRECT LABOR,FRINGE BENEFITS AND GENERAL OVERHEAD DECEMBER 31,2018 General Ledger Amount Balance Unallowed FAR Ref Total DIRECT LABOR 4,499,701 4,499,701 FRINGE BENEFITS Vacation 578,484 578,484 Holiday Pay 276,480 276,480 Payroll Taxes 652,438 4,998) A 647,440 Health Insurance 602,820 602,820 Profit Sharing 401 (k)plan 228,254 228,254 Fringe Benefit-other 12,646 10,157) B 2,488 2,351,122 15,155) 2,335,967 51.9% GENERAL OVERHEAD Indirect Labor 2,138,509 55,722) C 2,082,786 Labor Variance(Uncomp OT) 104,175)104,175) Bid and proposal labor 599,194 599,194 Employee Bonuses 463,840 106,932) D 356,908 Rent 519,800 95,745) E 424,055 Maintenance and Repairs 2,374 2,374 Automobile 41,827 43,985) F 2,158) Travel 63,140 19,803) G 43,337 Meals and Entertainment 66,110 62,935) H 3,174 Insurance 60,867 362) U 60,506 Life Insurance 20,557 20,557) 1 Telephone 23,549 23,549 Utilities 61,505 1,528) U 59,977 Taxes and licenses 252,840 252,840 Depreciation and Amortization 224,007 27,367) I 196,640 Dues and Subscriptions 56,739 14,237) K 42,502 Employee Train and Recruit 60,199 13,350) L 46,849 Advertising 37,064 37,064) M Professional Fees 394,758 71,039) N,S,T 323,719 Interest 87,409 87,409) 0 Computer 182,717 182,717 Contributions 32,976 32,976) P Bad debt 22,027 22,027) Q Supplies and miscellaneous 143,065 9,438) R 133,627 5,450,898 722,477) 4,728,422 105.1% Total Fringe Benefits and General Overhead 7,802,020 $ (737,632) 7,064,388 157.0% Facilities Capital Cost ofMoney 15,934 0.35°/n 157.35% SCJ ALLIANCE STATEMENT OF DIRECT LABOR,FRINGE BENEFITS AND GENERAL OVERHEAD For the Year Ended December 31,2018 FAR References A Payroll taxes directly associated with unallowable labor costs,unallowable per 48 CFR 31.201-6(e) B Severance pay per 48 CFR 31.205-6(g) C Public relations and advertising salaries/wages unallowable per 48 CFR 31.205-1 D Profit sharing bonuses unallowable per 48 CFR 31.205-6(f) E Common control rent adjustment unallowable per 48 CFR 31.205-36(b)(3) F Vehicle costs directly related to unallowable activities unallowable per 48 CFR 31.205-46(d)and 31.205-6(m)(2) G Travel unallowable per 48 CFR 31.205-46 H Meals and entertainment unallowable per 48 CFR 31.205-14 I Key person life insurance unallowable per 48 CFR 31.205-19(e)(2)(v) J Amortization of goodwill unallowable per 48 CFR 31.205-49 K Costs of memberships in civic and community organization unallowable per 48 CFR 31.205-1(f)(7) L Unallowable employee conferences and seminars per 48 CFR 31.205-I M Advertising unallowable per 48 CFR 31-205-1(f) N Tax preparation services unallowable per 48 CFR 31.205-33(f) O Interest unallowable per 48 CFR 31.205-20 P Contributions unallowable per 48 CFR 31.205-8 Q Bad debt unallowable per 48 CFR 31.205-3 R Bank charges for interest on credit cards unallowable per 48 CFR 31.205-20 S Legal costs related to organization structure unallowable per 48 CFR 31.205-27 T Consultant and legal fees unallowable per 48 CFR 31-205-18 U Expenses recorded in the incorrect period unallowable per 48 CFR 31.201-2 Exhibit E Sub-consultant Cost Computations There isn't any sub-consultant participation at this time. The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. Refer to section VI"Sub-Contracting"of this AGREEMENT. Please see attached Subconsultant Cost Computations. Agreement Number: Exhibit E-Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Page 1 of 1 Exhibit E-1 Subconsultant Fee Determination - Summary Sheet Mandatory when Subconsultants are utilized) Project: Kitsap Way - Bremerton Sub Consultant: MTN2COAST, LLC Direct Salary Cost(DSC): Classification Man Hours Rate = Cost Senior Surveyor 8 X 57.69 461.52 Surveyor- LSIT 20 X 48.07 961.40 Survey Technician 90 X 30.00 2,700.00 Jr Sruvey Technician 50 X 23.00 1,150.00 X X X Senior Surveyor 10 X 57.69 576.90 Surveyor- LSIT 26 X 48.07 1,249.82 Survey Technician 10 X 30.00 300.00 Jr Sruvey Technician 50 X 23.00 1,150.00 X X X X Total DSC = 8,549.64 Overhead (OH Cost-- including Salary Additives): OH Rate x DSC of 75.74% x 8,549.64 = 6,475.50 Fixed Fee (FF): FF Rate x DSC of 30.00% x 8,549.64 = 2,564.89 Reimbursables: Mileage $ 0.55 x 960 = 523.20 Drone Software $ 750.00 x 1 750.00 Locator Service $ 1,600.00 x 1.10 = 1,760.00 Field Supllies 1 x 2,222.77 = 2,222.77 SubConsultant Total 22,846.00 Grand Total 22,846.00 Prepared By: Blair Prigge Date: 7/26/2019 DOT Form 140-089 EF Exhibit G-1 Revised 01/09 20190524 Exhibit E-1 M2C Kitsap Way.xlsx Printed 7/26/2019 Exhibit E-2 Subconsultant Fee Determination - Summary Sheet Specific Rates of Pay) Fee Schedule Subconsultant MTN2COAST, LLC Hourly Overhead @ Profit @ Rate Discipline or Job Title Rate 75.74% 30.0% Per Hour Senior Surveyor 57.69 43.69 17.31 118.69 Surveyor- LSIT 48.07 36.41 14.42 98.90 Survey Technician 30.00 22.72 9.00 61.72 Jr Sruvey Technician 23.00 17.42 6.90 47.32 DOT 140-089 EF Exhibit E-2 8/07 20190524 Exhibit E-2_M2C Kitsap Way.xlsx Printed 7/26/2019 Washington State Transportation Building 1 Department of Transportation 310 Maple Park Avenue S.E. P.O.Box 47300 Olympia,WA 98504-7300 360-705-7000 TTY:1-800-833-6388 www.wsdot.wa.gov July 24, 2019 MTN2COAST, LLC 2320 Mottman Road SW, Suite 106 Tumwater, WA 98512 Subject: Acceptance FYE 2018 ICR—Audit Office Review Dear Jessica Prigge: Transmitted herewith is the WSDOT Audit Office's memo of"Acceptance" of your firm's FYE 2018 Indirect Cost Rate (ICR) of 75.74% of direct labor. This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with your firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7019 or via email consultantrates(&,wsdot.wa.gov. Regards; Jonson, Erik ft/ak Jul 24 2019 3:43 PM cosi8n ERIK K. JONSON Contract Services Manager EKJ:ah Acceptance ICR Audit Office Review Exhibit E-1 Subconsultant Fee Determination - Summary Sheet Mandatory when Subconsultants are utilized) Project: HISP Phase III - Bremerton, WA Sub Consultant: Sargent Engineers Inc. Direct Salary Cost(DSC). Classification Man Hours Rate = Cost Principal 16 X 53.00 848.00 Senior Project Engineer 54 X 42.00 2,268.00 Project Engineer 168 X 39.50 6,636.00 X X X X X X X X X X X X Total DSC=9,752.00 Overhead(OH Cost--including Salary Additives): OH Rate x DSC of 204.54% x 9,752.00 = 19,946.74 Fixed Fee(FF) FF Rate x DSC of 30.00% x 9,752.00 = 2,925.60 Reimbursables: Mileage $ 0.55 x 330 = 179.85 SubConsultant Total 32,804 19 Grand Total 32,804.19 Prepared By Monte Smith Date 6/5/2019 DOT Form 140-089 EF Exhibit G-1 Revised 01/09 20190524 Exhibit E-1 Sargent Kitsap Way.xlsx Printed 6/28/2019 Exhibit E-2 Subconsultant Fee Determination - Summary Sheet Specific Rates of Pay) Fee Schedule Subconsultant Sargent Engineers, Inc. Hourly Overhead @ Profit @ Rate Discipline or Job Title Rate 204.54% 30.0% Per Hour Principal 53.00 108.41 15.90 177.31 Senior Project Engineer 42.00 85.91 12.60 140.51 Project Engineer 39.50 80.79 11.85 132.14 DOT 140-089 EF Exhibit E-2 8/07 20190524 Exhibit E-2_Sargent Kitsap Way.xlsx Printed 6/28/2019 Washington State Transportation Building 7. arDetment of Transportation 310 Maple Park Avenue S.E.Department P.O.Box 47300 Olympia,WA 98504-7300 360-705-7000 TTY: 1-800-833-6388 www.wsdot.wa.gov April 10, 2019 Sargent Engineers, Inc. 320 Ronlee Lane NW Olympia, WA 98502 Subject: Acceptance FYE 2018 ICR—CPA Report Dear Jan Smith: We have accepted your firms FYE 2018 Indirect Cost Rate (ICR) of 204.54% based on the "Independent CPA Report," prepared by Shannon & Associates. This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with the firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7019 or via email consultantrates(a wsdot.wa.gov. Regards; ERIK K. JONSON Contract Services Manager EKJ:mya Acceptance ICR CPA Report Exhibit E-1 Consultant Fee Determination-Fee Summary Bremerton HSIP Phase III PH Consulting Staff Category Hours Rate Cost Principal 0 75.00 $ Senior Project Manager 118 $70.00 $ 8,260.00 Project Manager 190 $60.00 $11,400.00 Senior Traffic Engineer 290 $60.00 $17,400.00 CAD Designer 312 $40.00 $12,480.00 Office Administrator 32 $35.00 $ 1,120.00 Total Hours 942 50,660.00 Direct Labor Cost 50,660.00 Overhead Rate @ 110%of Direct Labor 55,726.00 Fee @30%of Direct Labor 15,198.00 Direct Salary Cost 121,584.00 Direct Expenses Unit Cost Total Traffic Counts Reproduction Costs Full Sized Copies (Bond) 1 100 $ 100.00 Full Sized (PVC) Reprographics 1 200 $ 200.00 Parking/Tolls 8 6 $48.00 2019 Mileage Rates 560 $0.58/Mi $ 324.80 0 0 Sub-Total Direct Expenses 672.80 PE Phase Fee(Tasks 1-9) 121,584.00 CN Phase Fee(Future Task 10) Total Fee 122,256.80 n. PH CONSULTING LLC 6/27/2019 Balanced Transportation Solutions 1 Exhibit E-2 Consultant Fee Determination-Task Budget Detail Task No. Task Description Senior Project Project Senior Traffic Office ""'""P CAD Designer Assistant PH TotalManagerManagerEngineerAdministrator ANTE Rates 70.00 $ 60.00 $ 60.00 $ 40.00 $ 35.00 $ 25.00 Full Burden 168.00 $ 144.00 $ 144.00 $ 96.00 $ 84.00 $ 60.00 1.0 PROJECT MOMTORING AND COORDINATION 1.1 Project Coordination 14 8 22 12 Project Monitoring,Progress Reporting,& Invoicing 4 16 20 1.3 Project Team Meetings 14 16 16 16 62 0 Task 1.0Total Hours 32 24 16 16 16 0 104 Subtotal Task 1.0 $ 5,376.00 $ 3,456.00 $ 2,304.00 $ 1,536.00 $ 1,344.00 $ - $ 14,016.00 2.0 PRELIMINARY DESIGN 2.1 Data Collection&Review 8 16 16 402.2 Site Reconnaissance 24 24 48 2 3 Preliminary Traffic Signal&Street Light Improvements 8 16 24 92 140 2.4 30%Design Package 2 2 4 2 10 Task 2.0 Total Hours 10 26 64 136 2 0 238 Subtotal Task 2.0 $ 1,680.00 $ 3,744.00 $ 9.216.00 $ 13,056.00 $ 168.00 $ - $ 27,864,00 3.0 Agency&Stakeholder Coordination 3.1 City Coordination 16 8 8 32 Task 3.0 Total Hours 16 8 0 8 0 0 32 Subtotal Task 4.0 $ 2,688.00 $ 1,152.00 $ - $ 768.00 $ - $ - $ 4,608.00 4.0 Contract Drawings 4.1 Traffic Signal&Street Light Improvement 40 80 120Plans 240 4.2 Submittals(OTS,90%,100%) 8 8 12 4 32 0 Task 4.0 Total Hours 8 48 80 132 4 0 272 Subtotal Task 4.0 $ 1,344.00 $ 6,912.00 $ 11,520.00 $ 12,672.00 $ 336.00 $ - $ 32,784.00 5.0 Specifications 5.1 Specifications 4 32 8 4 4 52 Task 5.0 Total Hours 4 32 8 4 4 0 52 Subtotal Task 5.0 $ 672.00 $ 4,608.00 $ 1,152.00 $ 384.00 $ 336.00 $ - $ 7,152.00 6.0 Cost Estimating 6.1 Quantities 4 12 4 16 366.2 Opinion of Cost 4 24 28 0 Task 6.0 Total Hours 8 36 4 16 0 0 64 Subtotal Task 6.0 $ 1,344.00 $ 5,184.00 $ 576.00 $ 1,536.00 $ - $ - $ 8,640.00 7.0 Traffic Analysis ITiming/Coordination Plans 7.1 Traffic Operations Policy 12 4 2 18SignalTimingPlanDevelopment- 7,2 Warren/Wheaton Corridor 20 12 90 4 126 0 Task 7.0 Total Hours 32 16 90 0 6 0 144 Subtotal Task 7,0 $ 5,376.00 $ 2,304.00 $ 12,960.00 $ - $ 504.00 $ - $ 21.144.00 8.0 Timing Coordination Plan Implementation Timing&Coordination Plan Implementation 8.1 WarrenM/heaton Corridor 28 28 0 Task 8.0 Total Hours 0 0 28 0 0 0 28 Subtotal Task 8.0 $4.032.00 $ - $ - $ - $ 4,032.00 9.0 Services During Bidding 9,1 Services During Bidding 8 8 0 Task 9.0 Total Hours 8 0 0 0 0 0 8 Subtotal Task 9.0 $ 1,344.00 $ - $ - $ - $ - $ - $ 1,344.00 PH TOTAL HOURS 118 190 290 312 32 0 942 TOTAL ALL TASKS $ 19,824.00 $ 27,360.00 $ 41,760.00 $ 29,952.00 $ 2,688.00 $ - $ 121,584.00 11 PH CONSULTING LLC6/27/2019 Balanced Transportation Solutions 1 WIWashington State Transportation Building Department of Transportation 310 Maple Park Avenue S.E. P.O.Box 47300 Olympia,WA 98504-7300 360-705-7000 TTY: 1-800-833-6388 www.wsdot.wa.gov January 25,2017 Pablo Para,Owner PH Consulting, LLC 6419 915`Ave Ct W University Place,WA 98467-1046 Re: PH Consulting, LLC Safe Harbor Indirect Cost Rate Dear Mr. Para: Washington State has received approval from our local Federal Highway Administration(FHWA) Division to continue administering the"safe harbor" indirect cost rate program on engineering and design related service contracts, as well as for Local Public Agency projects. We have completed our risk assessment for PH Consulting, LLC. Our assessment was conducted based on the documentation provided by the firm. The reviewed data included,but was not limited to, a description of the company,basis of accounting,accounting system and the basis ofindirect costs. Based on our review,your firm is eligible to use the Safe Harbor rate. You have opted to use the Safe Harbor rate,rather than provide a FAR-compliant rate at this time. We are issuing the Safe Harbor Indirect Cost Rate of 110%of direct labor with a field rate, where applicable,of 80%of direct labor for PH Consulting. The Safe Harbor rate is effective on January 25, 2017. PH Consulting has agreed to improve Internal Controls and timekeeping processes in order to be able to develop an Indirect Cost Rate Schedule in the future in accordance with the Federal Acquisition Regulations(FAR), Subpart 31. The WSDOT Internal Audit Office has provided guidance and information related to FARs and the AASHTO Audit Guide. The Safe Harbor Rate of 110%,or 80% for field office situations,can be used for agreements entered into prior to January 24,2020. For agreements entered into after this date,please contact the WSDOT Consultant Services Office(CSO)or our office for guidance. The Safe Harbor Rate will not be subject to audit. Please coordinate with CSO or your Local Programs contact if you have questions about when to apply the Safe Harbor rate to your agreement. If you have any questions,please contact me,Jeri Sivertson,or Steve McKerney at(360)705-7003. Sincerel , Schatzie arvey Agreement Compliant- dit Manager cc: Steve McKerney, Director of Internal Audit Jeri Sivertson,Assistant Director of Internal Audit Larry Schofield,MS 47323 File T CERTIFICATION OF FINAL INDIRECT COSTS—FOR A SAFE HARBOR INDIRECT COST RATE Firm Name: PH Consulting Li.. f, the undersigned, certifjr that I have reviewed the proposal to establish the Safe Harbor rate. f7r,rz is electing to use the SAFE ILIRROR INDIRECT COST RAT!'of 110%ofdirect labor with afieldrate. when applicable, of80%ofdirect labor. To the best ofmy lozowledge and belief cr) The firm has not had a FAR compliant indirect cost rote previously accepted Dy am'inner agenci' b) Thefirm will provide reports as required by the SAFE HARBOR RATE program on their progress toward compliance with the cost principles ofthe Federal Acquisition Regulations FAR)oftitle 48, Code ofFederal Regulations('CFR),part 31. Ill known material transactions or events that have occzu-red affecting the firm's ownership, organizationandprior&current indirect cost rates have been disclosed. efirm agrees to follow the 'Path to Compliance". Steps noted below: The Pathway must include: o A timekeepingsystem which includes the Internal Controls described in chapter 6 of/IASHTOCAnaccotuitinesystemwhichseparatesindirectcostsanddzrecrcostoAnaccountingsystemwhichseparatesallowableandunallowablecost1compliantjobcostsstemwhichisgeneralledgerdriven Trainine for accounting personnel and key management on Part 31 ofthe Federal Acquisition Regulations,Contract Cost Principles and Procedures G A strong written internal control policy with a policy andprocedures manual 3, ianature: Name of Certifying Official(Print): Pablo Para Title: Ovine- Date of Certification(mm/dd/yyyy): t,at:: This form is to be completed by an individual executive or financial officer of the consultant at ayeinolowerthanaVicePresidentorChiefFinancialOfficer.or eouivalent.who has the authority torepresentthefinancialinformationutilizedtoestablishtheindirectcostrateproposalsubmittedinconjunctionwiththeagreement. I SUMMARY OF PROJECT COSTS Exhibit E-1 Bremerton- HSIP Phase III GeoEngineers, Inc. DIRECT SALARY COST(DSC): Classification Labor Hours x Direct Rate = Labor Cost Associate 16 67.53 1,080.48 Staff 3 67 38.78 2,598.26 Staff 2 46 36.15 1,662.90 CAD Technician 9 28.69 258.21 Admin 3 4 41.61 166.44 Admin 2 19 30.04 570.76 SUBTOTAL•DSC 161 6,337.05 Total DSC 6,337.05 OVERHEAD(OH COST-including Salary Additives): OH Rate x DSC 211.31% x 6,337.05 = $13,390.82 FIXED FEE(FF) FF Rate x DSC 30.0% x 6,337.05 -1,901.12 OTHER DIRECT COSTS (ODCs): Mileage 300 miles @ 0.58 per mile 174.00 Field Equipment(Electronic Tape) 2 days @ 25.00 per day 50.00 Field Equipment(Soil Sample Kit) 1 each @ 15.00 per each 15.00 Laboratory Testing(Sieve Analysis) 2 test @ 125.00 per test 250.00 Laboratory Testing(Minus 200 Wash) 4 test @ 85.00 per test 340.00 Laboratory Testing(Moisture Content) 4 test @ 20.00 per test 80.00 Drilling Subcontractor 1 each @ 10,300.00 per each 10,300.00 Traffic Control Subcontractor 1 each @ 2,500.00 per each 2,500.00 SUBTOTAL-ODCs 13,709.00 GEOENGINEERS SUBTOTAL 35,337.99 GRAND TOTAL -ESTIMATED FEE: 35,337.99 Bremerton-HSIP Phase III_CPFF_budget.xls,Prime+Sub Summary LO N CV CO CO 4') CO 4') 47 CO N O U) N CD N O a) r• M , O) o CO O N COUIs- 4') o Cr Li, CO CO EA EA ER FA CO Ce b9 to Ef9 EH a J Q Cn I—UWQ' CI J IY C/) Co0 CO CO C7 COmMNC`7 Noao N OEm M Co v M a I- o Q c 0 cvF- v Q en 73 U oO 8 CD N1-0 N O) O CA QU COC M N Qm Fm- m O N at V' Et Fn N p Lij coQ a--, J cn m X m m m 4) ,- m V o t<0 W V) F-C» 9 g Ct12, v00 00 N N 7 N CO Q CA yCO CO Ewo` a a d O 3 Cn n T C7QXt0UWis — = LL U) a 9 c = v J LL a N .Q O c O C U LT_is O o CO MS U y "O CO ro C r O O C C N C 03 y p coo to O c E o OIriyC d V CL o a) o re c xLavyo12CexC) C N O -O N '0 7 CO T y N O C Y C O C R 0 73 U RS 110CD 15 0 CO L ,O N c CI a)0+ U t W 0) U y T .y a N W V-IO Z__„ a.0 N Y 1 U v Y a d o CU v r d n Q = - o R O_U d = -o N - re M U = c a oI aa) o d) is o o a is N •;n p 1- H O 3 F- C7 0 LL 1 d J E aJ CD c m`p = w J CO a) aa)) oCOC7 Washington State Transportation BuildingIr, Department of Transportation 310 Maple Park Avenue S.E, P.O.Box 47300 Olympia,WA 98504-7300 360-705-7000 ITV:1-800-833-6388 www.wsdot.wa.gov May 22,2019 GeoEngineers, Inc. 17425 NE Union Hill Rd, Suite 250 Redmond, WA 98052 Subject: Acceptance FYE 2018 ICR—CPA Report Dear Mr. Yeglic: We have accepted your firms FYE 2018 Indirect Cost Rate (ICR) of 211.31% (rate includes 0.44% Facilities Capital Cost of Money) based on the "Independent CPA Report," prepared by Peterson Sullivan. This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only.This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with the firm is responsible for determining the acceptability of the ICR. Ifyou have any questions, feel free to contact our office at(360)705-7019 or via email consultantrates(&,,wsdot.wa.2ov. Regards; Jonson,Erik May 23 2019 10:06 AM cosign ERIK K. JONSON Contract Services Manager EKJ:ah Acceptance ICR CPA Report GEOENGINEERS,INC. STATEMENT OF DIRECT LABOR,FRINGE BENEFITS,AND GENERAL OVERHEAD FOR THE YEAR ENDED DECEMBER 31,2018 Total Reference of Reported Adjustments For Allowable Direct Key Costs To Reported Adjustments Costs Labor DIRECT LABOR 15,311,589 $ 15,311,589 100% FRINGE BENEFITS 1 Payroll Taxes 2,378,190 $ (161,576)A 2,216,615 14.48% 2 Group Insurance 3,368,615 $ 3,368,615 22.00% 3 Worker's Compensation 145,394 $ 145,394 0.95% 4 Vacation,Holiday and Sick Pay 3,530,524 $ 3,530,524 23.06% 5 Profit Sharing and 401(k)Contributions 1,438,243 $ 1,438,243 9.39% 6 Bonuses and Severance 3,958,801 $ (633,703)B 3,325,097 21.72% Total Fringe Benefits 14,819,767 $ (795,279) 14,024,488 91.59% GENERAL OVERHEAD 7 Non-Billable Labor 6,869,972 $ (343,766) CC 6,526,206 42.62% 8 Bid&Proposal Labor 1,247,862 $ 1,247,862 8.15% 9 Direct Selling Labor 1,769,832 $ (291,353)C 1,478,479 9.66% 10 Office Rent&Maintenance 2,658,244 $ (36,214)D 2,622,030 17.12% 11 Telecommunications 262,955 $ 22)E 262,933 1.72% 12 Bus.Taxes&Other than Federal 683,483 $ 683,483 4.46% 13 Subscriptions,Stationery&Supplies 280,063 $ (21,755)F 258,308 1.69% 14 Travel 946,713 $ (191,592)G 755,121 4.93% 14.5 Company Vehicles 317,443 $ (317,443)G 0.00% 15 Professional Dues,Meetings&Proposals 546,728 $ (106,724)H 440,004 2.87% 16 Depreciation 804,248 $ (1,885)I 802,363 5.24% 17 Equipment Rental&Maintenance 130,512 $ 14)E 130,498 0.85% 18 Bad Debt 72,000 $ (72,000)1 0.00% 19 Professional Consultants 483,587 $ (56,018)K 427,569 2.79% 20 Entertainment/Advertising and Proposals 161,621 $ (145,214)L 16,407 0.11% 21 Field and Laboratory Supplies 272,141 $ (23,383) M 248,758 1.62% 22 Insurance 1,025,240 $ (57,339)N 967,901 6.32% 23 Computer Maintenance and Software 1,177,783 $ (4,478)0 1,173,305 7.66% 24 Recruiting&Relocation 128,031 $ (16,797)P 111,234 0.73% 25 Contributions 30,125 $ (30,125)R 0.00% 26 Fines/Penalties/Unallowable 3 $ 3)E 0.00% 27 Employee Health&Welfare 385,044 $ (274,689)S 110,355 0.72% Total General Overhead 20,253,631 $ (1,990,815) 18,262,816 119.27% Total Overhead Costs 35,073,398 $ (2,786,094) 32,287,304 210.87% 28 Facilities Capital Cost of Money 67,679 T 67,679 0.44% Overhead Rate(Includes FCC) 35,073,398 $ (2,718,415) 32,354,983 211.31% GeoEngineers, Inc. Indirect Cost Rate Schedule For the Year Ended December 31, 2018 References to Adjustments Fringe benefits adjustment for unallowable Direct Selling labor and unallowable bonuses per 48 CFR 31.201 A 6(e)(2). B Unallowable bonuses per 48 CFR 31.205-6(f). Indirect labor adjustment required to meet PSMJ 2018-25th percentile of Direct Labor(an average of CC Environmental,Engineering-Prime, Engineering-Subcontractor firms),as a%of total labor(54.50%). C Unallowable marketing activities per 48 CFR 31.205-1,14,38 and 41. Assigned parking costs unallowable per 48 CFR31.201-2&31.201-3;unallowable office for the benefit of D employee per 48 CFR 31.201-3. E Fines&Penalties unallowable per CFR 31.205-15(a). F Promotional materials unallowable per 48 CFR 31.205-1(f)(5). Vehicle costs unallowable per 48 CFR 31.201-2(d);Travel in excess of Federal per-diem unallowable per 48 G CFR 31.205-46. Dues to social clubs unallowable per 48 CFR 31.205-1(f)(7),31.205-14;lobbying unallowable per 48 CFR 31.205-22;memberships in civic and community organizations unallowed and marketing costs unallowed H per 48 CFR 31.205-1(f)(7)and 48 CFR 31.205-1,14,38,41. Depreciation on vehicles unallowed per 48 CFR 31.201-2(d). J Bad debts unallowable per 48 CFR 31.205-3. Direct project costs unallowable per 48 CFR 31.202(a);unallowable marketing activities per 48 CFR 31.205- K 1, 14&38;patent costs unallowable per 48 CFR 31.205-30. Unallowable marketing activities per 48 CFR 31.205-1,14&38;entertainment unallowable per 48 CFR L 31.205-14;advertising unallowable per 48 CFR 31.205-38(b)(1). M Direct project costs unallowable per 48 CFR 31.202(a). Unallowable key person life insurance per 48 CFR 31.205-19(e)(2)(v).Direct project costs unallowable per N 48 CFR 31.202(a) O Unallowable relocation costs per 48 CFR 31.205-35(b) P Unallowable office for the benefit of employee per 48 CFR 31.201-3 Q Unallowable relocation costs per 48 CFR 31.205-35(b) R Contributions unallowable per 48 CFR 31.205-8. Social activities unallowable per 48 CFR 31.205-14;employee gifts&recreation unallowable per 48 CFR S 31.205-13(b). T Costs of money adjustment allowable per 48 CFR 31.205-10(a). Exhibit F Title VI Assurances During the performance of this AGREEMENT,the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY,Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS"), which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non-discrimination: The CONSULTANT, with regard to the work performed during this AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub-consultants, including procurement of materials and leases of equipment.The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when this AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. 3. Solicitations for Sub-consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub-contract, including procurement of materials or leases of equipment, each potential sub- consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT's obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the AGENCY, the STATE, or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions.Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information,the CONSULTANT shall so certify to the AGENCY, the STATE, or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non-compliance: In the event of the CONSULTANT's non-compliance with the non- discrimination provisions of this AGREEMENT,the AGENCY shall impose such AGREEMENT sanctions as it, the STATE, or the FHWA may determine to be appropriate, including, but not limited to: Withholding of payments to the CONSULTANT under this AGREEMENT until the CONSULTANT complies, and/or; Cancellation, termination, or suspension of this AGREEMENT, in whole or in part. 6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1)through 5) in every subcontract, including procurement of materials and leases of equipment,unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub-consultant or procurement as the STATE,the AGENCY, or FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub-consultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY enter into such litigation to protect the interests of the STATE and/or the AGENCY and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. Agreement Number: Exhibit F-Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Page 1 of 1 Exhibit G Certification Documents Exhibit G-1(a) Certification of Consultant Exhibit G-1(b) Certification of City of Bremerton 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 LobbyingggYg Exhibit G-4 Certificate of Current Cost or Pricing Data Agreement Number: Exhibit G-Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Page 1 of 1 Exhibit G-1(a) Certification of Consultant I hereby certify that I am the and duly authorized representative of the firm of Shea, Carr& Jewell,Inc. whose address is 8730 Tallon Lane NE, Suite 200,Lacey, WA 98516 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. Shea, Can&Jewell, Inc. Consultant(Firm Name) i 410llw I 7l Zsll S e( `,• EIK of Consultant) Date Agreement Number: Exhibit G-Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Page 1 of 1 Exhibit G-1(b) Certification of I hereby certify that I am the: Q Mayor Other of the City of Bremerton and Shea, Carr& Jewell, 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 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. Wa S t-11 Zo 19 Signature Date Agreement Number: Exhibit G-Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Page 1 of 19Yg Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions I. The prospective primary participant certifies to the best of its knowledge and belief,that it and its principals: A. Are not presently debarred, suspended,proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; B. Have not within a three (3)year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public(Federal, State, or local)transaction or contract under a public transaction; violation of Federal or State anti-trust statues or commission of embezzlement, theft, forgery,bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity Federal, State, or local)with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and D. Have not within a three(3)year period preceding this application/proposal had one or more public transactions(Federal, State and local)terminated for cause or default. II. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Shea, Carr&Jewell,Inc. Cons .nt(Firm Name) I / I a Afkillitgdw 7/61 /5 S• e( iz-1 •• icaal of Consultant) Date Agreement Number: Exhibit G-Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Page 1 of 1 1 Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The prospective participant certifies,by signing and submitting this bid or proposal,to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative AGREEMENT, and the extension, continuation,renewal, amendment, or modification of Federal contract, grant, loan or cooperative AGREEMENT. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative AGREEMENT,the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31,U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00, and not more than $100,000.00, for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier sub-contracts,which exceed $100,000, and that all such sub-recipients shall certify and disclose accordingly. Shea, Carr&Jewell, Inc. Consultant(Firm Name) AI/ 712ViS Sig . uth,!nzhiTrvo. s ant) Date Agreement Number: Exhibit G-Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Page 1 of 1 Exhibit G-4 Certificate of Current Cost or Pricing Data This is to certify that, to the best of my knowledge and belief, the cost or pricing data(as defined in section 2.101 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted, either actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer's representative in support of Kitsap Way (SR 310) and Warren Ave. * are accurate, complete, and current as of July 1, 2019 This certification includes the cost or pricing data supporting any advance AGREEMENT's and forward pricing rate AGREEMENT's between the offer or and the Government that are part of the proposal. Firm: S -a,Carr& Jewell, Inc. i / II I1011.111 fr P ni- Signa I f I Title Date of Execution***: Identify the proposal,quotation,request for pricing adjustment,or other submission involved,giving the appropriate identifying number(e.g.project title.) Insert the day,month,and year,when price negotiations were concluded and price AGREEMENT was reached. Insert the day,month,and year,of signing,which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. Agreement Number: Exhibit G-Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Page 1 of 1 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 $N/A The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the amount of$N/A 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 ofprofessional liability claims, including claim amounts already reserved against the fund, safeguards established for payment from the fund, a copy of the latest annual financial statements, and disclosure of the investment portfolio for those funds. Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed 1 million per occurrence or the value of the contract,whichever is greater, then justification shall be submitted to the Federal Highway Administration(FHWA) for approval to increase the minimum insurance limit. If FHWA approval is obtained, the AGENCY may, at its own cost,reimburse the CONSULTANT for the additional professional liability insurance required. Notes: Cost of added insurance requirements: $N/A 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 Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 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 l-Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 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 Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Page 2 of 2 Exhibit J Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s)on a consultant agreement. The following procedures should only be utilized on consultant claims greater than$1,000. If the consultant's claim(s)are a total of$1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1 Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work,they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: Summation of hours by classification for each firm that is included in the claim; Any correspondence that directed the consultant to perform the additional work; Timeframe of the additional work that was outside of the project scope; Summary of direct labor dollars, overhead costs,profit and reimbursable costs associated with the additional work; and Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1,the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation,payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer,WSDOT Local Programs if applicable), and FHWA(if applicable) agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim.After the request has been approved, the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures. Agreement Number: Exhibit J-Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Page 1 of 2 Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim,the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: Copy of information supplied by the consultant regarding the claim; Agency's summation of hours by classification for each firm that should be included in the claim; Any correspondence that directed the consultant to perform the additional work; Agency's summary of direct labor dollars, overhead costs,profit and reimbursable costs associated with the additional work; Explanation regarding those areas in which the Agency does/does not agree with the consultant's claim(s); Explanation to describe what has been instituted to preclude future consultant claim(s); and Recommendations to resolve the claim. Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof,which may include getting Agency Council or Commission approval(as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5 Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify(in writing)the consultant of their final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim(s) and rationale utilized for the decision. Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. Agreement Number: Exhibit J-Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Page 2 of 2 Client#: 116497 SHEACARR ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 7/01/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT: Barb Lynch Propel Insurance PHONE 800 499-0933 NC,No): 866 577-1326A/C,No,Ext): A/CTacomaCommercialInsuranceE-MAILss: barb.lynch@propelinsurance.com1201PacificAve, Suite 1000 INSURER(S)AFFORDING COVERAGE NAIC#Tacoma,WA 98402 INSURER A:Continental Casualty Company 20443 INSURED INSURER B:Valley Forge Insurance Company 20508 Shea,Carr&Jewell Inc dba SCJ Alliance 8730 Tallon Lane NE, Suite 200 INSURER C: INSURER D: Lacey,WA 98516 yf f/ J 0 INSURER E: VIe 44 p C)./-•I1 ',_J - INSURER F: COVERAGES ERTIFICATE NUMBER: 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 EXPLTRTYPEOFINSURANCEINSRWVDPOLICYNUMBERMMIDD/YYYY) (MMIDD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY e 2090667295 06/15/2019 06/15/2020 EACH OCCURRENCE $2,000,000 YCLAIMS-MADE X OCCUR PREMISES(EaEocccurrence) $300,000 _ I MED EXP(Any one person) $10,000 ys PERSONAL&ADV INJURY $2,000,000 r GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 V//POLICY X JECOT LOC PRODUCTS-COMP/OP AGG $4,000,000 OTHER: B AUTOMOBILE LIABILITY 4012152794 06/15/2019 06/15/2020 COMBINED SINGLE LIMIT 1 000 000/"Ea accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGEXAUTOSONLYXAUTOSONLYPeraccident) A x UMBRELLA LIAB X OCCUR 4016829451 06/15/2019 06/15/2020 EACH OCCURRENCE $3,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE 3,000,000 DED RETENTION$ A WORKERS COMPENSATION 2090667295 06/15/2019 06/15/2020 PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE X ER ANY PROPRIETOR/PARTNER/EXECUTIVE WA Stop Gap E.L.EACH ACCIDENT $1,000,000OFFICER/MEMBER EXCLUDED? N N/A Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000Ifyes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $2,000,000 A Professional AEH591920345 06/17/2019 06/17/2020 Aggregate$2,000,000 / Liability Occurrence$2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION City of Bremerton SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE VTHEEXPIRATIONDATETHEREOF, NOTICE WILL BE DELIVERED IN 345 6th St#600 ACCORDANCE WITH THE POLICY PROVISIONS. Bremerton,WA 98337-0000 AUTHORIZED REPRESENTATIVE 1(R. Au- 0 1988-2015 u - 1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD S3705985/M3695166 BAL01 This page has been left blank intentionally. SB146932F CNA Ed.6-16) BLANKET ADDITIONAL INSURED AND LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS TABLE OF CONTENTS I. Blanket Additional Insured Provisions A. Additional Insured—Blanket Vendors B. Miscellaneous Additional Insureds C. Additional Provisions Pertinent to Additional Insured Coverage 1. Primary—Noncontributory provision 2. Definition of"written contract." II. Liability Extension Coverages A. Bodily Injury—Expanded Definition B. Broad Knowledge of Occurrence C. Estates,Legal Representatives and Spouses D. Legal Liability—Damage to Premises E. Personal and Advertising Injury—Discrimination or Humiliation F. Personal and Advertising Injury—Broadened Eviction G. Waiver of Subrogation -Blanket I. BLANKET ADDITIONAL INSURED PROVISIONS A. ADDITIONAL INSURED—BLANKET VENDORS Who Is An Insured is amended to include as an additional insured any person or organization (referred to below as vendor)with whom you agreed under a "written contract"to provide insurance, but only with respect to "bodily injury"or"property damage"arising out of"your products"which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: 1. The insurance afforded the vendor does not apply to: a. "Bodily injury" or"property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; SB146932F(6-16) Page 1 of 7 Copyright,CNA All Rights Reserved SB146932F CNA Ed.6-16) e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor;or h. "Bodily injury"or"property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: 1) The exceptions contained in Subparagraphs d.orf.;or 2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 3. This provision 2. does not apply to any vendor included as an insured by an endorsement issued by us and made a part of this Policy. 4. This provision 2. does not apply if "bodily injury" or "property damage" included within the "products- completed operations hazard"is excluded either by the provisions of the Policy or by endorsement. B. MISCELLANEOUS ADDITIONAL INSUREDS 1. Who Is An Insured is amended to include as an insured any person or organization (called additional insured) described in paragraphs 3.a. through 3.j. below whom you are required to add as an additional insured on this policy under a"written contract.": 2. However, subject always to the terms and conditions of this policy, including the limits of insurance, we will not provide the additional insured with: a. A higher limit of insurance than required by such"written contract"; b. Coverage broader than required by such"written contract" and in no event greater than that described by the applicable paragraph a.through k. below; or c. Coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard" But this paragraph c. does not apply to the extent coverage for such liability is provided by paragraph 3.j.below. Any coverage granted by this endorsement shall apply only to the extent permitted by law. 3. Only the following persons or organizations can qualify as additional insureds under this endorsement: a. Controlling Interest Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of: 1) such person or organization's financial control of you; or 2) Premises such person or organization owns, maintains or controls while you lease or occupy these premises; provided that the coverage granted to such additional insureds does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured. SB146932F(6-16) Page 2 of 7 Copyright,CNA All Rights Reserved. SB146932FCNAEd.6-16) b. Co-owner of Insured Premises A co-owner of a premises co-owned by you and covered under this insurance but only with respect to the co-owners liability for"bodily injury", "property damage" or"personal and advertising injury" as co-owner of such premises. c. Grantor of Franchise Any person or organization that has granted a franchise to you, but only with respect to such person or organization's liability for "bodily injury", "property damage", or "personal and advertising injury" as grantor of a franchise to you. d. Lessor of Equipment Any person or organization from whom you lease equipment, but only with respect to liability for"bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by your maintenance, operation or use of such equipment, provided that the "occurrence" giving rise to such bodily injury" or "property damage" or the offense giving rise to such "personal and advertising injury" takes place prior to the termination of such lease. e. Lessor of Land Any person or organization from whom you lease land, but only with respect to liability for"bodily injury", property damage"or"personal and advertising injury"arising out of the ownership, maintenance or use of that specific part of the land leased to you, provided that the "occurrence" giving rise to such "bodily injury" or "property damage" or the offense giving rise to such "personal and advertising injury", takes place prior to the termination of such lease. The insurance hereby afforded to the additional insured does not apply to structural alterations, new construction or demolition operations performed by, on behalf of or for such additional insured. f. Lessor of Premises An owner or lessor of premises leased to you, or such owner or lessor's real estate manager, but only with respect to liability for "bodily injury", "property damage" or"personal and advertising injury" arising out of the ownership, maintenance or use of such part of the premises leased to you, and provided that the"occurrence"giving rise to such"bodily injury"or"property damage"or the offense giving rise to such personal and advertising injury",takes place prior to the termination of such lease. The insurance hereby afforded to the additional insured does not apply to structural alterations, new construction or demolition operations performed by,on behalf of or for such additional insured. g. Mortgagee,Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee, or receiver's liability for"bodily injury", "property damage" or"personal and advertising injury" arising out of the ownership, maintenance, or use of a premises by you. This insurance does not apply to structural alterations, new construction or demolition operations performed by, on behalf of or for such additional insured. h. State or Political Subdivisions A state or government agency or subdivision or political subdivision that has issued a permit or authorization, but only with respect to such government agency or subdivision or political subdivision's liability for"bodily injury","property damage"or"personal and advertising injury"arising out of: 1) The following hazards in connection with premises you own, rent, or control and to which this insurance applies: a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures;or b) The construction, erection, or removal of elevators; or c) The ownership, maintenance or use of any elevators covered by this insurance; or SB146932F (6-16) Page 3 of 7 Copyright,CNA All Rights Reserved SB146932F CNA Ed.6-16) 2) The permitted or authorized operations performed by you or on your behalf. But the coverage granted by this paragraph does not apply to: a) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or government agency or subdivision or political subdivision;or b) "Bodily injury"or"property damage"included within the"products-completed o erations hazard." With respect to this provision's requirement that additional insured status must be requested under a written contract", we will treat as a "written contract" any governmental permit that requires you to add the governmental entity as an additional insured. i. Trade Show Event Lessor With respect to your participation in a trade show event as an exhibitor, presenter or displayer, any person or organization .whom you are required to include as an additional insured, but only with respect to such person or organization's liability for "bodily injury", "property damage", or "personal and advertising injury"cause by: a. Your acts or omissions; or b. Acts or omissions of those acting on your behalf; in the performance of your ongoing operations at the trade show premises during the trade show event. j. Other Person or Organization Any person or organization who is not an additional insured under paragraphs a. through i. above. Such additional insured is an insured solely for"bodily injury", "property damage" or "personal and advertising injury"for which such additional insured is liable because of your acts or omissions. The coverage granted by this paragraph does not apply to any person or organization: 1) For"bodily injury,""property damage,"or"personal and advertising injury"arising out of the rendering or failure to render any professional services; 2) For"bodily injury"or"property damage" included in the "products-completed operations hazard." But this provision(2)does not apply to such"bodily injury"or"property damage" if: a) It is entirely due to your negligence and specifically results from your work for the additional insured which is the subject to the"written contract"; and b) The"written contract" requires you to make the person or organization an additional insured for such"bodily injury"or"property damage"; or 3) Who is afforded additional insured coverage under another endorsement attached to this policy. C. ADDITIONAL PROVISIONS PERTINENT TO ADDITIONAL INSURED COVERAGE With respect only to additional insured coverage provided under paragraphs A. and B. above: 1. The BUSINESSOWNERS COMMON POLICY CONDITIONS are amended to add the following to the Condition entitled Other Insurance: This insurance is excess of all other insurance available to an additional insured whether primary, excess, contingent or on any other basis. However, if a"written contract"requjres that this jnsurance be either primary or primary and noncontributing, then this insurance will be grin and non-Obntributory relative solely to insurance on which the additional insured is a named insured. 2. Under Liability and Medical Expense Definitions,the following definition is added: Written contract" means a written contract or agreement that requires you to make a person or organization an additional insured on this policy, 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: SB146932F(6-16) Page 4 of 7 Copyright,CNA All Rights Reserved. CNA B 146932FCNAEd. 6-16) 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. II. LIABILITY EXTENSION COVERAGES It is understood and agreed that this endorsement amends the Businessowners Liability Coverage Form. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement to such provision do not apply. A. Bodily Injury—Expanded Definition Under Liability and Medical Expenses Definitions,the definition of"Bodily injury"is deleted and replaced by the following: Bodily injury" means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by that person at any time which results as a consequence of the physical injury, sickness or disease. B. Broad Knowledge of Occurrence Under Businessowners Liability Conditions, the Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended to add the following: Paragraphs a.and b. above apply to you or to any additional insured only when such "occurrence,"offense, claim or"suit"is known to: 1) You or any additional insured that is an individual; 2) Any partner, if you or an additional insured is a partnership; 3) Any manager, if you or an additional insured is a limited liability company; 4) Any"executive officer"or insurance manager, if you or an additional insured is a corporation; 5) Any trustee, if you or an additional insured is a trust; or 6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. This paragraph applies separately to you and any additional insured. C. Estates, Legal Representatives and Spouses The estates, heirs, legal representatives and spouses of any natural person insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives and spouses only for claims arising solely out of their capacity as such and, in the case of a spouse, where such claim seeks damages from marital common property, jointly held property, or property transferred from such natural person insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative or spouse outside the scope of such person's capacity as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are insureds with respect to such spouses'acts,errors or omissions in the conduct of the Named Insured's business. D. Legal Liability—Damage To Premises 1. Under B. Exclusions, 1.Applicable to Business LiabilityCoverage, Exclusion k. Damage To Property, is99 replaced bythe following:P 9 k. Damage To Property Property damage"to: 1. Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of SB146932F(6-16) Page 5 of 7 Copyright,CNA All Rights Reserved. SB146932F CNA Ed.6-16) such property for any reason, including prevention of injury to a person or damage to another's property; 2. Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; 3. Property loaned to you; 4. Personal property in the care, custody or control of the insured; 5. That particular part of any real property on which you or any contractors or subcontractors working directly or indirectly in your behalf are performing operations, if the "property damage" arises out of those operations;or 6. That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraph 2 of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs 1, 3,and 4, of this exclusion do not apply to"property damage"(other than damage by fire or explosion)to premises: 1) rented to you: 2) temporarily occupied by you with the permission of the owner,or 3) to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section D— Liability and Medical Expenses Limits of Insurance. Paragraphs 3,4, 5; and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to "property damage" included in the "products-completed operations hazard." 2. Under B. Exclusions, 1.Applicable to Business Liability Coverage, the following paragraph is added, and replaces the similar paragraph, if any, beneath paragraph (14) of the exclusion entitled Personal and Advertising injury: Exclusions c,d,e,f,g, h, i, k, I,m, n,and o, do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner or to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section D. Liability And Medical Expenses Limits Of Insurance. 3. The first Paragraph under item 5.Damage To Premises Rented To You Limit of the section entitled Liability And Medical Expenses Limits Of Insurance is replaced by the following: The most we will pay under Business Liability for damages because of "property damage" to any one premises, while rented to you or temporarily occupied by you with the permission of the owner, including contents of such premises rented to you for a period of 7 or fewer consecutive days, is the Damage to Premises Rented to You limit shown in the Declaration. E. Personal and Advertising Injury—Discrimination or Humiliation 1. Under Liability and Medical Expenses Definitions, the definition of "personal and advertising injury" is amended to add the following: h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: 1) Not done intentionally by or at the direction of: a) The insured;or SB146932F(6-16) Page 6 of 7 Copyright,CNA All Rights Reserved. SB146932F CNA Ed.6-16) b) Any "executive officer," director, stockholder, partner, member or manager (if you are a limited liability company)of the insured; and 2) Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or person by any insured. 2. Under B. Exclusions, 1. Applicable to Business Liability Coverage, the exclusion entitled Personal and Advertising injury is amended to add the following additional exclusions: 15)Discrimination Relating to Room, Dwelling or Premises Caused by discrimination directly or indirectly related to the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any insured. 16)Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any insured. 17)Fines or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. 3. This provision (Personal and Advertising Injury — Discrimination or Humiliation) does not apply if Personal and Advertising Injury Liability is excluded either by the provisions of the Policy or by endorsement. F. Personal and Advertising Injury-Broadened Eviction Under Liability and Medical Expenses Definitions, the definition of "Personal and advertising injury" is amended to delete Paragraph c. and replace it with the following: c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room dwellingorpremises that aperson or organization occupies committed by or on behalf of its owner, landlord9 or lessor. G. Waiver of Subrogation—Blanket y We waive any right of recovery we may have against: a. Any person or organization with whom you have a written contract that requires such a waiver. All other terms and conditions of the Policy remain unchanged. SB146932F(6-16) Page 7 of 7 Copyright,CNA All Rights Reserved. CNA IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C., OF THIS ENDORSEMENT FOR THESE DUTIES. BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE BLANKET WAIVER OF SUBROGATION Architects, Engineers and Surveyors This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS A. Who Is An Insured is amended to include as an insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement; but the written contract or written agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the: a. "Bodily injury'or"property damage"; or b. Offense that caused the"personal and advertising injury"; for which the additional insured seeks coverage B. The insurance provided to the additional insured is limited as follows: 1. The person or organization is an additional insured only with respect to liability for"bodily injury", "property damage" or"personal and advertising injury" caused in whole or in part by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations specified in the written contract or written agreement; or c. "Your work" that is specified in the written contract or written agreement, but only for "bodily injury" or property damage" included in the"products-completed operations hazard", and only if: 1) The written contract or written agreement requires you to provide the additional insured such coverage; and 2) This Coverage Part provides such coverage. 2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. 3. The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications by any architect, engineer or surveyor performing services on a project of which you serve as construction manager; or b. Inspection, supervision, quality control, engineering or architectural services done by you on a project of which you serve as construction manager. SB146968B (6-16) Page 1 of 2 Copyright,CNA All Rights Reserved. CNA 4. The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or personal and advertising injury" arising out of construction or demolition work while you are acting as a construction or demolition contractor. C. Under Businessowners Liability Conditions, the condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended to add the following: An additional insured under this endorsement will as soon as practicable: 1. Give written notice of an occurrence or an offense to us which may result in a claim or "suit" under this insurance; 2. Tender the defense and indemnity of any claim or"suit"to us for a loss we cover under this Coverage Part; 3. Except as provided for in paragraph D.2. below: a. Tender the defense and indemnity of any claim or"suit" to any other insurer which also has insurance for a loss we cover under this Coverage Part; and b. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or"suit"from the additional insured. D. With respect only to the insurance provided by this endorsement, the condition entitled Other Insurance of the BUSINESSOWNERS COMMON POLICY CONDITIONS is amended to delete paragraphs 2. and 3. and replace them with the following: 2. This insurance is excess over any other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, But if required by the written contract or written agreement, this insurance will be primary and noncontributory relative to insurance on which the additional insured is a Named Insured. 3. When this insurance is excess, we will have no duty under Business Liability insurance to defend the additional insured against any "suit" if any other insurer has a duty to defend the additional insured against that "suit" If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and b) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. E. The condition entitled Transfer of Rights of Recovery Against Others to Us of the BUSINESSOWNERS COMMON POLICY CONDITIONS is amended to deleted paragraph 2. and replace it with the following: 2. We waive any right of recovery we may have against any person or organization with whom you have agreed to waive such right of recovery in a written contract or agreement because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included within the"products-completed operations hazard." All other terms and conditions of the Policy remain unchanged. SB146968B (6-16) Page 2 of 2 Copyright,CNA All Rights Reserved. CNA SCA 23 500D Ed. 10/11) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXTENDED COVERAGE ENDORSEMENT - BA PLUS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILTY COVERAGE 1. Which are no longer in force; or A. Who Is An Insured 2. Whose limits have been exhausted. The following is added to Section II, Paragraph B. Bail Bonds and Loss of Earnings A.1.,Who Is An Insured:Section II, Paragraphs A.2.a.(2) and A.2.a.(4) are 1. a. Any incorporated entity of which the Named revised as follows: Insured owns a majority of the voting stock 1. In a.(2), the limit for the cost of bail bonds isonthedateofinceptionofthisCoverageincreasedfrom $2,000 to$5,000, andForm; provided that, b. The insurance afforded by this provision 2. In a.(4), the limit for the loss of earnings is A.1. does not apply to any such entity that is increased from $250 to$500 a day. an "insured" under any other liability"policy" C. Fellow Employee providing "auto" coverage.Section II, Paragraph B.5 does not apply. 2. Any organization you newly acquire or form, other than a limited liability company, Such coverage as is afforded by this provision C. is partnership or joint venture, and over which you excess over any other collectible insurance. maintain majority ownership interest. II. PHYSICAL DAMAGE COVERAGE The insurance afforded by this provision A.2.:A. Towing a. Is effective on the acquisition or formation Section III. Paragraph A.2., is revised to include date, and is afforded only until the end of Light Trucks up to 10,000 pounds G.V.W. the policy period of this Coverage Form, or the next anniversary of its inception date, B. Glass Breakage — Hitting A Bird Or Animal — whichever is earlier. Falling Objects Or Missiles b. Does not apply to: The following is added to Section III, Paragraph A.3.: 1) "Bodily injury" or "property damage" With respect to anycovered "auto," anydeductiblecausedbyan "accident" that occurred p before you acquired or formed the shown in the Declarations will not apply to glass organization; or breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. 2) Any such organization that is an insured" under any other liability C. Transportation Expenses policy" providing"auto"coverage. Section III, Paragraph A.4.a. is revised, with 3. Any person or organization that you are respect to transportation expense incurred by you, obligated to provide Insurance where required to provide: by a written contract or agreement is an insured, a. $60 per day, in lieu of$20; subject to but only with respect to legal responsibility for acts or omissions of a person for whom Liability b. $1,800 maximum, in lieu of$600. Coverage is afforded under this policy. D. Loss of Use Expenses 4. An "employee" of yours is an "insured" while Section III, Paragraph A.4.b. is revised, with operating an "auto" hired or rented under a respect to loss of use expenses incurred by you, tocontractoragreementinthat "employee's" provide: name, with your permission, while performing duties related to the conduct of your business. a. $1,000 maximum, in lieu of$600. Policy," as used in this provision A. Who Is An E. Personal Property Insured, includes those policies that were in force The following is added to Section III, ParagraphontheinceptiondateofthisCoverageFormbut: A.4. SCA 23 500D Copyright,CNA Corporation,2000. Page 1 of 3 Ed. 10/11) Includes copyrighted material of the Insurance Services Office used with its permission. CNA SCA 23 500D Ed. 10/11) c. We will pay up to $500 for loss to Personal a. Any covered "auto" you lease, hire, rent or Property which is: borrow without a driver; and 1) Owned by an "insured"; and b. Any covered "auto" hired or rented by your 2) In or on the covered "auto." employee" without a driver, under a contract in that individual "employee's" This coverage applies only in the event of a total name, with your permission, while theft of your covered "auto." performing duties related to the conduct of This insurance is excess over any other your business. collectible insurance and no deductible applies.c. The most we will pay for any one "accident" F. Rental Reimbursement or "loss" is the actual cash value, cost of repair, cost of replacement or $75,000 The following is added to Section III, Paragraph whichever is less minus a $500 deductible A.4.: for each covered auto. No deductible applies to"loss"caused by fire or lightning.d. We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto." Payment d. The physical damage coverage as is applies in addition to the otherwise applicable provided by this provision will be limited to amount of each coverage you have on a the types of physical damage coverage(s) covered "auto." No deductibles apply to this provided on your owned "autos." coverage. e. Such physical damage coverage for hired 1. We will pay only for those expenses autos"will: incurred during the policy period beginning 1) Include loss of use, provided it is the 24 hours after the "loss" and ending,consequence of an "accident" for which regardless of the policy's expiration, with the the Named Insured is legally liable, andlesserofthefollowingnumberofdays: as a result of which a monetary loss is a) The number of days reasonably sustained by the leasing or rental required to repair or replace the concern. covered "auto"; or, 2) Such coverage as is provided by this b) 15 days. provision G.e.(1) will be subject to a limit of$750 per"accident." 2. Our payment is limited to the lesser of the following amounts: H. Airbag Coverage a) Necessary and actual expenses The following is added to Section III, Paragraph incurred; or, B.3. b) $25 per day subject to a maximum of The accidental discharge of an airbag shall not be 375. considered mechanical breakdown. 3. This coverage does not apply while there I. Electronic Equipment are spare or reserve "autos" available to Section III, Paragraphs B.4.c and B.4.d. are you for your operations. deleted and replaced by the following: 4. If "loss" results from the total theft of a c. Physical Damage Coverage on a covered covered "auto" of the private passenger auto" also applies to "loss" to anytype, we will pay under this coverage only permanently installed electronic equipmentthatamountofyourrentalreimbursementincludingitsantennasandother expenses which is not already provided for accessories under the Physical Damage Coverage Extension. d. A$100 per occurrence deductible applies to G. Hired "Autos" the coverage provided by this provision. The following is added to Section III. Paragraph A.: J. Diminution In Value 5. Hired "Autos" The following is added to Section III, Paragraph B.6. If Physical Damage coverage is provided under Subject to the following, the "diminution in value"this policy, and such coverage does not extend exclusion does not apply to:to Hired Autos, then Physical Damage coverage is extended to: SCA 23 500D Copyright,CNA Corporation,2000. Page 2 of 3 Ed. 10/11) Includes copyrighted material of the Insurance Services Office used with its permission. CNA SCA 23 500D Ed. 10/11) a. Any covered auto" of the private passenger governing document, and while a resident of type you lease, hire, rent or borrow, without the same household, includes that person's a driver for a period of 30 days or less,while spouse. performing duties related to the conduct of Such "executive officers" are "insureds" whileyourbusiness; and using a covered "auto" described in this b. Any covered "auto" of the private passenger provision. type hired or rented by your "employee" IV. BUSINESS AUTO CONDITIONSwithoutadriverforaperiodof30daysor less, under a contract in that individual A. Duties In The Event Of Accident, Claim, Suit Or employee's" name, with your permission, Loss while performing duties related to the conduct of your business.The following is added to Section IV, Paragraph A.2.a. c. Such coverage as is provided by this 4) Your "employees" may know of anprovisionislimitedtoa "diminution in value" loss arising directly out of accidental accident" or "loss." This will not mean that damage and not as a result of the failure to you have such knowledge, unless such make repairs; faulty or incomplete accident" or "loss" is known to you or if you maintenance or repairs; or the installation of are not an individual, to any of your substandard parts. executive officers or partners or your insurance manager. d. The most we will pay for"loss"to a covered auto" in any one accident is the lesser of: The following is added to Section IV, Paragraph A.2.b. 1) $5,000; or 6) Your "employees" may know of documents 2) 20% of the "auto's" actual cash value received concerning a claim or "suit." This ACV) will not mean that you have such III. Drive Other Car Coverage—Executive Officers knowledge, unless receipt of such documents is known to you or if you are not The following is added to Sections II and III: an individual, to any of your executive 1. Any "auto" you don't own, hire or borrow is a officers or partners or your insurance covered "auto"for Liability Coverage while being manager. used by, and for Physical Damage Coverage B. Concealment, Misrepresentation or Fraud while in the care, custody or control of, any of The following is added to Section IV, Paragraphyour"executive officers,"except:B.2. a. An "auto" owned by that "executive officer" Your failure to disclose all hazards existing on theoramemberofthatperson's household; or date of inception of this Coverage Form shall not b. An "auto" used by that "executive officer" prejudice you with respect to the coverage afforded while working in a business of selling, provided such failure or omission is not intentional. servicing, repairing or parking "autos." C. Policy Period, Coverage Territory Such Liability and/or Physical Damage Section IV, Paragraphs 7.(5).(a). is revised toCoverageasisaffordedbythisprovisionwillbe: provide: 1) Equal to the greatest of those a. 45 days of coverage in lieu of 30 days coverages afforded any covered "auto"; and V. DEFINITIONS 2) Excess over any other collectible Section V. Paragraph C. is deleted and replaced insurance. by the following: 2. For purposes of this provision, "executive Bodily injury" means bodily injury, sickness or officer" means a person holding any of the disease sustained by a person, including mental officer positions created by your charter, anguish, mental injury or death resulting from any of constitution, by-laws or any other similar these SCA 23 500D Copyright,CNA Corporation,2000. Page 3 of 3 Ed. 10/11) Includes copyrighted material of the Insurance Services Office used with its permission. This page has been left blank intentionally. I SWALLI-01 KPHILLIPS1 4` CERTIFICATE OF LIABILITY INSURANCE DATE (MMI021YY) 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 th to ms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the ce hfivanf such endorsement(s). PRODUCER License # OC36861 CONTACT Melanie Kelly NAMESeattle- Alliant Insurance Services, Inc. PHONE FAX 1420 Fifth Ave 15th Floor O A/C, No, Ext : A/C, No): Seattle, WA 98101 J U N B 1 2021 Ep RIEss• Melanie.Kelly@alliant.com INSURERS AFFORDING COVERAGE NAIC 9 City of Bremerton INSURER A: Travelers Property Casualty Company of America 25674 INSURED Risk Management INSURER B : Travelers Casualty Insurance Company of Americ 19046 Shea, Carr & Jewell, Inc. dba: SCJ Alliance INSURER C: Travelers Indemnity Company 25658 8730 Tallon Lane NE, Suite 200 INSURER D: Continental Casualty Company 20443 Lacey, WA 98516 ,,,,,,,,,__ COVERAGES d alilyrH_Ii I LrJ-t:rF 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 LTRTYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS IIDD /DD A X COMMERCIAL GENERAL LIABILITY CLAIMS - MADE X OCCUR 680-3S28842A 6/15/2021 6/15/2022 EACH OCCURRENCE 290009000 DAMAGE TO RENTED PREMISES 110001000 MED EXP An one arson 1 %000 PERSONAL & ADV INJURY 2,000,000 GEN' L AGGREGATE LIMIT APPLIES PER: POLICY rX jE 0LOC OTHER: GENERAL AGGREGATE 4,000, 00 PRODUCTS - COMP/OP AGG 49000,000 B AUTOMOBILE LIABILITY X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS AUTOS ONLY AUTOS ONLD BA- 3S293103 6/1512021 6/15/2022 COMBINED SINGLE LIMIT Ea accident) 1, 000,000 BODILY INJURY Perperson) BODILY INJURY Per accident BODILYROPERTY PeraccidentAMAGE A X UMBRELLA LIAR EXCESS LIAB X OCCUR CLAIMS - MADE CUP-3S296295 6/15/2021 6/15/2022 EACH OCCURRENCE 310001000 AGGREGATE 3'000r000 DED X RETENTION$ 10,000 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y OFFICERIMEMBER EXCLUDED? Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A UB-3S295329 6/15/2021 6/15/2022 X PER STATUTE ETH- E.L. EACH ACCIDENT 1,000,000 E.L. DISEASE - EA EMPLOYE 1 10009000 E.L. DISEASE - POLICY LIMIT 1 000 000 D D Prof/ Pollution Liab Prof/Pollution Liab AEH591920345 AEH591920345 6/ 15/ 2021 6/15/ 2021 6/15/ 2022 6/15/ 2022 lEach Claim Aggregate 59000, 000 51000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CityNOTICE of BremertonTHEEXPIRATION DATE THEREOF, WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 345 6th St #600 Bremerton, WA 98337=0000 AUTHORIZED REPRESENTATIVE I J I P ACORD 25 ( 2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SCJALLI'01 KPHILLIF ACORO" DATE (MM/DD/YYY1() CERTIFICATE OF LIABILITY INSURANCE 6/11/2021 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 hot r o endorsements . Seattle-Alliant Insurance Services, Inc. 1420 Fifth Ave 15th Floor JUN INSURED disk Shea, Carr & Jewell, Inc. dba: SCJ Alliance 8730 Tallon Lane NE, Suite 200 Lacey, WA 98516 rn%10nAf2CQ P-FDTICIr'_ATF WiIMR RF• Melan Travelers Travelers iant. com Insurance of America v of Americ 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, LTRTYPE OF INSURANCE COMMERCIAL GENERAL LIABILITY AD L SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS EACH OCCURRENCE 2,000,000 DAMAGE TO RENTED PREMISES Eaoccunen MED EXP An one arson 1 1000Y000 CLAIMS -MADE OCCUR X 680-3S28842A 6/15/2021 6/1512022 10, 000 PERSONAL & ADV INJURY 2,000'000 GENERAL AGGREGATE 4,000,000 AX L AGGREGATE LIMIT APPLIES PER: POLICY X j a LOC PRODUCTS - COMP/OP AGG 490009000 OTHER: OMOBILE LIABILITY COMBINED SINGLE LIMIT accident) 9000,000 1aANY AUTO X BA-3S293103 6/15/2021 6/15/2022 BODILY INJURY Per person) OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON-ON6NLg AUTOSONLYAUTOSBODILY INJURY Per accident Pe® oddent AMAGE UMBRELLA LIAR EXCESS LIAB X OCCUR CLAIMS - MADE CUP-3S296295 6/15/2021 6/15/2022 EACH OCCURRENCE 3' 000'000 AGGREGATE 3'000'000 DED X RETENTION $ 10+000 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN OFFICEOPRIET ER EXCLUDED? ECUTIVE N MandattoryinNH) N / A UB- 3S295329 6/15/2021 6/1512022 X PER STATUEOTW ER11000, 000 E.L. EACH ACCIDENT E. L. DISEASE - EA EMPLOYE 1,000,0 0 D If yes, describe under DESCRIPTION OF OPERATIONSbelow Prof/ Pollution Liab AEH591920345 6/15/2021 6/15/2022 E. L. DISEASE -POLICY LIMIT Each Claim 110001000 5, 0009000 D Prof/Pollution Liab AEH591920345 6/15/2021 6/15/2022 Aggregate 50000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Project # 0702.03, Lebo Boulevard Project. City of Bremerton is Additional Insured with respect to the General Liability and Auto Liability per forms attached. 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: Engineering Division 345 6th Street; Suite 600 Bremerton, WA 98337=0000 AUTHORIZED REPRESENTATIVE 1 ` C ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II —WHO IS AN INSURED: Any person or organization that you agree in a written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", property damage" or "personal injury"; and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies, or in connection with premises owned by or rented to you. The person or organization does not qualify as an additional insured: c. With respect to the independent acts or omissions of such person or organization; or d. For "bodily injury", "property damage" or personal injury" for which such person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: e. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. f. This insurance does not apply to the rendering of or failure to render any professional services". g. In the event that the Limits of Insurance of the Coverage Part shown in the Declarations exceed the limits of liability required by the written contract requiring insurance", the insurance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement does not increase the limits of insurance described in Section III — Limits Of Insurance. h. This insurance does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products - completed operations hazard" unless the written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or property damage" that occurs before the end of the period of time for which the "written contract requiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the additional insured under this Coverage Part must apply on a primary basis or a primary and non-contributory basis, this insurance is primary to other insurance available to the additional insured which covers that person or organizations as a named insured for such loss, and we will not share with the other insurance, provided that: 1) The "bodily injury" or "property damage" for which coverage is sought occurs; and 2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have signed that "written contract requiring insurance". But this insurance provided to the additional insured still is excess over valid anI collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under any other insurance. CG D3 81 09 15 ©2015 The Travelers Indemnity Company. All rights reserved. Page 1 Of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer 4. Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, done under a "written contract requiring insurance" with that person or organization. We waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you before, and in effect when, the "bodily injury" or property damage" occurs, or the "personal injury" offense is committed. The following definition is added to the DEFINITIONS Section: Written contract requiring insurance" means that part of any written contract under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a. After you have signed that written contract; b. While that part of the written contract is in effect; and c. Before the end of the policy period. Page 2 of 2 ©2015 The Travelers Indemnity Company. All rights reserved. CG D3 81 09 15 Includes the copyrighted material of Insurance Services Office, Inc., with its permission THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE —This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED B. EMPLOYEE HIRED AUTO C. EMPLOYEES AS INSURED D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS E. TRAILERS — INCREASED LOAD CAPACITY F. HIRED AUTO PHYSICAL DAMAGE G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT A. BLANKET ADDITIONAL INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II —COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. B. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COV- ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating a covered "auto" hired or rented under a contract or agreement in an "em- ployee's" name, with your permission, while H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT - INCREASED LIMIT I. WAIVER OF DEDUCTIBLE — GLASS J. PERSONAL PROPERTY K. AIRBAGS L. AUTO LOAN LEASE GAP M. BLANKET WAIVER OF SUBROGATION performing duties related to the conduct of your business. 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: 1) Any covered "auto" you lease, hire, rent or borrow; and 2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". C. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II —COVERED AUTOS LIABILITY COVERAGE: CA T4 20 02 15 ©2015 The Travelers Indemnity Company. All rights reserved. Page 1 Of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. D. SUPPLEMENTARY PAYMENTS —INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2) of SECTION II — COVERED AUTOS LIABILITY COVERAGE: 2) Up to $35000 for cost of bail bonds cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4) of SECTION 11 — COVERED AUTOS LIABILITY COVERAGE: 4) All reasonable expenses incurred by the insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. E. TRAILERS —INCREASED LOAD CAPACITY The following replaces Paragraph C.1. of SEC- TION 1— COVERED AUTOS: 1. "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. F. HIRED AUTO PHYSICAL DAMAGE The following is added to Paragraph A.4., Cover- age Extensions, of SECTION I11 —PHYSICAL DAMAGE COVERAGE: Hired Auto Physical Damage Coverage If hired "autos" are covered "autos" for Covered Autos Liability Coverage but not covered "autos" for Physical Damage Coverage, and this policy also provides Physical Damage Coverage for an owned "auto", then the Physical Damage Cover- age is extended to "autos" that you hire, rent or borrow subject to the following: 1) The most we will pay for "loss" to any one auto" that you hire, rent or borrow is the lesser of: bj The actual cash value of the damaged or stolen property as of the time of the loss"; or c) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. 2) An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". 3) If a repair or replacement results in better than like kind or quality, we will not pay for the amount of betterment. 4) A deductible equal to the highest Physical Damage deductible applicable to any owned covered "auto". 5) This Coverage Extension does not apply to: a) Any "auto" that is hired, rented or bor- rowed with a driver; or b) Any "auto" that is hired, rented or bor- rowed from your "employee". G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph AA.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of 1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT —INCREASED LIMIT Paragraph C.1.b. of SECTION III —PHYSICAL DAMAGE COVERAGE is deleted. I. WAIVER OF DEDUCTIBLE —GLASS The following is added to Paragraph D., Deducti- ble, of SECTION 111 —PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. J. PERSONAL PROPERTY The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III —PHYSICAL DAMAGE COVERAGE: Personal Property Coverage We will pay up to $400 for "loss" to wearing ap- parel and other personal property which is: 1) Owned by an "insured"; and 2) In or on your covered "auto". This coverage only applies in the event of a total theft of your covered "auto". No deductibles apply to Personal Property cover- age. Page 2 of 3 ©2015 The Travelers Indemnity Company. All rights reserved. CA T4 20 02 15 Includes copyrighted material of Insurance Services Olfice, Inc. with its permission. COMMERCIAL AUTO K. AIRBAGS The following is added to Paragraph B.3., EXCIU- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.11b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. AUTO LOAN LEASE GAP The following is added to ParagraphCover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles In the event of a total "loss" to a covered "auto" of the private passenger type shown in the Schedule or Declarations for which Physical Damage Cov- erage is provided, we will pay any unpaid amount due on the lease or loan for such covered "auto" less the following: 1) The amount paid under the Physical Damage Coverage Section of the policy for that "auto"; and 2) Any: a) Overdue lease or loan payments at the time of the "loss"; b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; c) Security deposits not returned by the les- sor; d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and e) Carry-over balances from previous loans or leases. The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract exe- cuted prior to any "accident" or "loss", pro- vided that the "accident" or "loss" arises out of the operations contemplated by such con- tract. The waiver applies only to the person or organization designated in such contract. CA T4 20 02 15 ©2Q15 The Travelers Indemnity Company. All rights reserved. Page 3 Of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission.