HomeMy WebLinkAbout1 - Original Submission_ 21154 Kitsap Way LAG_KPG SignedLocal Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 1 of 34
Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement
Agreement Number:
Firm/Organization Legal Name (do not use dba’s):
Address Federal Aid Number
UBI Number Federal TIN
Execution Date Completion Date
1099 Form Required
Yes No
Federal Participation
Yes No
Project Title
Description of Work
Yes No DBE Participation
Yes No MBE Participation
Yes No WBE Participation
Yes No SBE Participation
Maximum Amount Payable:
Index of Exhibits
Exhibit A Exhibit B Exhibit C Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit H
Exhibit I
Exhibit J
Scope of Work DBE Participation Preparation and Delivery of Electronic Engineering and Other Data Prime Consultant Cost Computations Sub-consultant Cost Computations Title VI Assurances Certification Documents
Liability Insurance Increase
Alleged Consultant Design Error Procedures
Consultant Claim Procedures
13%
KPG Psomas Inc.
3131 Elliott Ave., St 400 Seattle WA 98121 STPUL-6577(002)
604-635-123 95-2863554
31 December 2024
West Kitsap Way Planning Study
Corridor study that addresses mobility and safety performance of multi-modal travel on West Kitsap
Way from State Route 3 to Chico Way. The study will identify a set of improvements for multi-modal
travel that includes transit, freight, cars, bicycles, and pedestrians. Minimal design to evaluate options
and alternatives for priority, cost estimation, and selection.
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$538,689.00
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THIS AGREEMENT, made and entered into as shown in the “Execution Date” box on page one (1) of this
AGREEMENT, between the _________________________________________________________________,
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.
City of Bremerton
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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 DBE goal, a voluntary SBE goal amount of ten percent of the Consultant Agreement is established. The Consultant shall develop a SBE Participation Plan prior to commencing work. Although the goal is voluntary, the outreach efforts to provide SBE maximum practicable opportunities are not.
The CONSULTANT, on a monthly basis, shall enter the amounts paid to all firms (including Prime) involved with this AGREEMENT into the wsdot.diversitycompliance.com program. Payment information shall
identify any DBE Participation.
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: Name: Agency: Agency: Address: Address: City: State: Zip: City: State: Zip: Email: Email: Phone: Phone: Facsimile: Facsimile:
IV.Time for Beginning and Completion
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing
by the AGENCY. All work under this AGREEMENT shall conform to the criteria agreed upon detailed in the
AGREEMENT documents. These SERVICES must 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.
N/A
206-26-160
johnd@kpg.com
98121WASeattle
3131 Elliott Ave., Ste 400
KPG Psomas Inc.
John Davies
360-473-5161
360-473-5303
Melisa.Folmer@ci.bremerton.wa.us
98337WABremerton
345 6th St, Suite 100
City of Bremerton
Melisa Folmer
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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. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov).
A.Hourly Rates: Hourly rates are comprised of the following elements - Direct (Raw) Labor, Indirect Cost Rate,and Fee (Profit). The CONSULTANT shall be paid by the AGENCY for work done, based upon thenegotiated hourly rates shown in Exhibits “D” and “E” attached hereto and by reference made part of thisAGREEMENT. These negotiated hourly rates will be accepted based on a review of the CONSULTANT’s
direct labor rates and indirect cost rate computations and agreed upon fee. The accepted negotiated rates
shall be memorialized in a final written acknowledgment between the parties. Such final written
acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. The initially accepted
negotiated rates shall be applicable from the approval date, as memorialized in a final written
acknowledgment, to 180 days following the CONSULTANT’s fiscal year end (FYE) date.
The direct (raw) labor rates and classifications, as shown on Exhibits “D” and “E” shall be subject torenegotiations for each subsequent twelve (12) month period (180 days following FYE date to 180 daysfollowing FYE date) upon written request of the CONSULTANT or the AGENCY. The written request mustbe made to the other party within ninety (90) days following the CONSULTANT’s FYE date. If no suchwritten request is made, the current direct (raw) labor rates and classifications as shown on Exhibits “D” and“E” will remain in effect for the twelve (12) month period.
Conversely, if a timely request is made in the manner set forth above, the parties will commence negotiations
to determine the new direct (raw) labor rates and classifications that will be applicable for the twelve (12
month period. Any agreed to renegotiated rates shall be memorialized in a final written acknowledgment
between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this
AGREEMENT. If requested, the CONSULTANT shall provide current payroll register and classifications toaid in negotiations. If the parties cannot reach an agreement on the direct (raw) labor rates and classifications,the AGENCY shall perform an audit of the CONSULTANT’s books and records to determine theCONSULTANT’s actual costs. The audit findings will establish the direct (raw) labor rates andclassifications that will applicable for the twelve (12) month period.
The fee as identified in Exhibits “D” and “E” shall represent a value to be applied throughout the life of theAGREEMENT.
The CONSULTANT shall submit annually to the AGENCY an updated indirect cost rate within 180 days of
the close of its fiscal year. An approved updated indirect cost rate shall be included in the current fiscal year
rate under this AGREEMENT, even if/when other components of the hourly rate are not renegotiated. These
rates will be applicable for the twelve (12) month period. At the AGENCY’s option, a provisional and/or
conditional indirect cost rate may be negotiated. This provisional or conditional indirect rate shall remain in
effect until the updated indirect cost rate is completed and approved. Indirect cost rate costs incurred duringthe provisional or conditional period will not be adjusted. The CONSULTANT may request an extension ofthe last approved indirect cost rate for the twelve (12) month period. These requests for provisional indirectcost rate and/or extension will be considered on a case-by-case basis, and if granted, will be memorialized ina final written acknowledgment.
The CONSULTANT shall maintain and have accessible support data for verification of the components ofthe hourly rates, i.e., direct (raw) labor, indirect cost rate, and fee (profit) percentage. The
CONSULTANT shall bill each employee’s actual classification, and actual salary plus indirect cost rate plus
fee.
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A.Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the actual cost to theCONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, longdistance telephone, supplies, computer charges, and fees of sub-consultants. Air or train travel will bereimbursed only to lowest price available, unless otherwise approved by the AGENCY. The CONSULTANTshall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) inaccordance with the WSDOT’s Accounting Manual M 13-82, Chapter 10 – Travel Rules and Procedures, andall revisions thereto. Air, train, and rental card 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 these SERVICES. The CONSULTANT
shall maintain the original supporting documents in their office. Copies of the original supporting documents
shall be supplied to the STATE upon request. All above charges must be necessary for the SERVICES
provided under this AGREEMENT.
B.Maximum Amount Payable: The Maximum Amount Payable by the AGENCY to the CONSULTANT under
this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one
(1.) The Maximum 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.
C.Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorizedin A and B above. Detailed statements shall support the monthly billings for hours expended at the rates
established in Exhibit “D,” including names and classifications of all employees, and billings for all direct
non-salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT’s
employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the
names, titles, salary rates, and present duties of those employees performing work on the SERVICES at the
time of the interview.
D.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 SERVICES under this
AGREEMENT, contingent 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 suchfinal 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 theAGENCY of overpayment. Per WSDOT’s “Audit Guide for Consultants,” Chapter 23 “Resolution
Procedures,” the CONSULTANT has twenty (20) working days after receipt of the final Post Audit to begin
the appeal process to the AGENCY for audit findings
E. 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.
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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 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 acknowledgment 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
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.
Agreement Number:
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VIII. Nondiscrimination
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub-consultants,
subcontractors and successors in interest, agrees to comply with the following laws and regulations:
•Title VI of the Civil Rights Act of 1964
(42 U.S.C. Chapter 21 Subchapter V §
2000d through 2000d-4a)
•Federal-aid Highway Act of 1973 (23U.S.C. Chapter 3 § 324)
•Rehabilitation Act of 1973
(29 U.S.C. Chapter 16 Subchapter V §794)
•Age Discrimination Act of 1975 (42
U.S.C. Chapter 76 § 6101 et. seq.)
•Civil Rights Restoration Act of 1987 (Public Law
100-259)
•American with Disabilities Act of 1990 (42
U.S.C. Chapter 126 § 12101 et. seq.)
•23 CFR Part 200
•49 CFR Part 21
•49 CFR Part 26
• RCW 49.60.180
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 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 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 in accordance with the termination for other than default clauses listed previously.
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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.
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
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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 tie , or any other
persons for whom the STATE and /or the AGENCY may be legally liable; and provided further that if the claims
or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT or the CONSULTANT’s agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally liable, and (b) the STATE and/or AGENCY, their agents, officers, employees, sub-consultants, subcontractors and or vendors, of any tier, or any other persons for whom the STATE and/or AGENCY may be legally liable, the defense and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT’s negligence or the negligence of the CONSULTANT’s
agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the
CONSULTANT may be legally liable. This provision shall be included in any AGREEMENT between
CONSULTANT and any sub-consultant, subcontractor and vendor, of any tier.
The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers
and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the
alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT’s agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any use in connection with the AGREEMENT of methods, processes, designs, information or other items furnished or communicated to STATE and/or the AGENCY, their agents, officers and employees pursuant to the AGREEMENT; provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary
information, know-how, copyright rights or inventions resulting from STATE and/or AGENCY’s, their agents’,
officers and employees’ failure to comply with specific written instructions regarding use provided to STATE
and/or AGENCY, their agents, officers and employees by the CONSULTANT, its agents, employees, sub-
consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be
legally liable.
The CONSULTANT’s relation to the AGENCY shall be at all times as an independent contractor.
Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter
42.52 RCW; or any similar statute involving the CONSULTANT in the procurement of, or performance under,
this AGREEMENT.
The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT’s own
employees or its agents against the STATE and/or the AGENCY and, solely for the purpose of this
indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial
insurance law, Title 51 RCW. The Parties have mutually negotiated this waiver.
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.
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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 withminimum 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 coveragefor any “Auto” (Symbol 1) used in an amount not less than a one million dollar ($1,000,000.00) combinedsingle 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:
Agency:
Address:
City: State: Zip:
Email:
Phone:
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 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.
The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third part, 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.
Attn: Risk Manager
City of Bremerton
Bremerton WA 98337
360-473-5161
360-473-5302
Melisa.Folmer@ci.bremerton.wa.us
345 6th Street STE 100
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XIII.Extra Work
A.The AGENCY may at any time, by written order, make changes within the general scope of thisAGREEMENT 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 theAGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submittedbefore 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.
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.
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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.
Violation of this section by the CONSULTANT or its sub-consultants or subcontractors may result in termination of this AGREEMENT and demand for return of all State’s Confidential Information, monetary damages, or penalties
It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information, which
is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the
confidentiality of such information during the term of this AGREEMENT and afterwards. All materials
containing such proprietary and/or confidential information shall be clearly identified and marked as
“Confidential” and shall be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT.
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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) isgenerally utilized by unaffiliated third parties engaged in the same business or businesses as theCONSULTANT.
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, AGREEMENTs, 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, 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.
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For purposes of this AGREEMENT, “ESI” means any and all computer data or electronic recorded media of any
kind, including “Native Files”, that are stored in any medium from which it can be retrieved and examined,
either directly or after translation into a reasonably useable form. ESI may include information and/or
documentation stored in various software programs such as Email, Outlook, Word, Excel, Access, Publisher,
PowerPoint, Adobe Acrobat, SQL databases, or any other software or electronic communication programs or
databases that the CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones, laptops, or any other electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any personal devices used by the CONSULTANT or any sub-consultant at home.
“Native files” are a subset of ESI and refer to the electronic format of the application in which such ESI is normally created, viewed, and /or modified
The CONSULTANT shall include this section XX “Records Maintenance” in every subcontract it enters into in
relation to this AGREEMENT and bind the sub-consultant to its terms, unless expressly agreed to otherwise in
writing by the AGENCY prior to the execution of such subcontract.
In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the
“Execution Date” box on page one (1) of this AGREEMENT.
Signature Date
Signature Date
Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office
of the Attorney General.
7/5/2022
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Exhibit A Scope of Work
Project No.
See attached scope of work
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City of Bremerton
West Kitsap Way Corridor Planning Study
Scope of Work
KPG Psomas
May 2022
INTRODUCTION
This planning effort studies the western portion of Kitsap Way between Chico Way and SR 3, a
City of Bremerton arterial that connects between downtown Bremerton and the northwest city
limits. This segment was constructed in the 1940s as a state highway (PSR 21) and is near the
end of its service life. The facility has 4 lanes and is inappropriate as a minor urban arterial with
wide lanes and shoulders that encourage high speeds. The corridor lacks non-motorized
facilities including sidewalks, crosswalks, bike lanes, and ADA compliant facilities. The corridor
has stormwater treatment but does not include a stormwater collection system.
The study will identify a set of improvements for multimodal travel that includes transit, freight,
cars, bicyclists, and pedestrians. The study will involve an extensive public process to ensure
that the input and concerns of diverse stakeholders are understood, considered, and reflected
in the recommendations. The project will include identification of stormwater flow and
treatment options to meet stormwater requirements and avoid downstream impacts. An
alternatives analysis leading to the selection of a preferred alternative and a preliminary
corridor design will be performed to inform feasibility of recommended solutions, provide cost
estimates, and further project implementation.
This study will review previous planning and transportation studies for the area, evaluate
existing and future transportation conditions, conduct a public involvement process, develop
multimodal design treatments, identify, and prioritize multimodal safety and mobility
improvement projects, and develop an implementation strategy. Each project will include a
conceptual design, graphic renderings, and a planning-level cost estimate.
Task 1 - Project Management
This task covers the anticipated effort required to manage the contract and to ensure that the
project meets the Client’s expectations for schedule, budget, and quality of product. Provide
continuous project management for the project duration (estimate 15 months).
1.1 Prepare monthly progress reports identifying work in progress, upcoming work elements,
anticipated deliverable tasks for the next month, and reporting of any delays, problems,
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or additional information needs. The monthly progress reports shall be submitted with
invoices.
1.2 Prepare for and attend up to twenty (20) coordination meetings with City staff to discuss
key issues and track progress. The expectation is that the project manager and one task
lead will attend the meetings.
1.3 Hold monthly Team meetings with Consultant staff to discuss and track progress, identify
upcoming milestones, identify issues and to coordinate the project. One member of each
Consultant discipline will attend meeting.
1.4 Coordinate with WSDOT regarding any potential changes SR 3/Kitsap Way interchange.
This task includes up to two (2) coordination meetings with WSDOT and City staff.
1.5 Project QA/QC plan and review. Implement KPG Psomas QA/QC checklists to review
project deliverables.
Task 1 Deliverables:
• Monthly progress reports and invoices (15 months)
• Meeting agenda, materials and meeting summaries.
Task 2 - Community Outreach
See Stepherson & Associates Scope of Work and Fee – Attachment A.
The effort under this task includes providing support for community outreach, including
attending coordination meetings with the City and Stepherson & Associates; preparing for and
attending community steering committee meetings; and providing graphics and figures for
outreach events, communications materials, and website/online open house.
2.1 Attend coordination meetings with the City and Stepherson & Associates (up to 10, 1-2
staff) related to community outreach.
2.2 Coordination and review of Communications Plan.
2.3 Prepare graphics, figures and attend outreach events including up to three (3) public
meetings, up to two (2) community tabling events, and door-to-door outreach. KPG
Psomas will lead up to fifteen (15) door-to-door meetings and have direct conversation
with properties and businesses most impacted by the study.
2.4 Provide content for project-related communications materials including project fact
sheet(s), mailers, and email updates.
2.5 Prepare information for online open house.
2.6 Review and comment on Stepherson & Associates-produced draft summary
memorandum.
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2.7 KPG Psomas will lead up to four (4) Steering Committee meetings. Working with the City,
we will prepare agendas, graphics, figures and other presentation/discussion materials for
community steering committee meetings, and will lead meetings along with City staff.
Task 2 Assumptions
• Steering Committee members will be identified and invited by the City of Bremerton.
• Meeting scheduling and member correspondence and invitations to the Steering
Committee will be handled by the City of Bremerton.
Task 2.5 Deliverables
The following deliverables will support the deliverables outlined under the scope of work
provided by Stepherson & Associates (see Attachment A).
• Prepare agendas, graphics, figures and other presentation/discussion materials for
community steering committee meetings.
• Steering Committee Meeting Summaries (1 draft, 1 final).
• Public outreach text, graphics, and figures for meetings, events, and open houses.
Task 3 - Survey
This task will be used to develop an AutoCAD Civil3D survey base drawing that will be used for
developing the AutoCAD design base drawing and will include conducting a topographic survey
to identify existing surface conditions within the project limits, using mobile terrestrial laser
scanning (MTLS), conventional electronic survey equipment and one- or two-person field crews.
3.1 Establish horizontal and vertical control points: NAD 83 (2011) horizontal datum and
NAVD88 vertical datum, including establishment of approximately fourteen (14) ground
control for the MTLS.
3.2 Conduct field and office mapping utilizing MTLS to locate the following:
a) Sidewalks and curb ramps.
b) Curbs/edges of pavement.
c) Surface evidence of underground utilities (water, sewer, storm, and gas),
including meters, valves, hydrants, manholes, catch basins, and other
associated appurtenances, but excluding side sewers.
d) Surface evidence of conductible utilities (power, telephone, fiber optic),
including utility poles, meters, and associated appurtenances.
e) Other surface features or improvements that may impact the design
f) Process collected data and prepare base drawing using a scale of 1-inch
equals 20 feet and one-foot elevation contours
3.3 Conduct field mapping utilizing conventional surveying equipment to locate the following:
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a) Vegetation, landscaping, and fencing within the road rights of way.
b) Street monuments and property corners necessary for road right of way
determination.
c) Features which are obscured in the MTLS mapping.
d) Supplement MTLS base map with conventional survey data.
3.4 Determine roadway rights of way within the project limits from available public records
(i.e., records of survey, plats, state right-of-way plans, etc.) and found survey monuments.
GIS data obtained from Kitsap County will be used to depict the apparent property lines.
3.5 Conduct field review and finalize AutoCAD Civil3D survey base map.
Task 3 Deliverables:
• Survey base map used for development of the design.
Task 3 Assumptions:
• Project limits for the base survey extend to the boundaries of the public right-of-way
along Kitsap Way between the Shorewood Drive intersection and the Bremerton city
limits on Chico Way and on Northlake Way, northwest of the Kitsap Way/Northlake
Way/Chico Way ‘Y’ intersection.
• KPG Psomas drafting standards will be utilized in preparation of the base map in
Civil3D v2018 format.
• Underground utility locates are not anticipated for this phase of work.
• Obtaining rights-of-entry onto private property are not anticipated for this phase of
work.
• Property boundaries shown on the design drawings for properties will be based on
Kitsap County GIS that is imported and georeferenced and “best fit” based on
surveyed locations of existing survey monuments. Property lines may be altered
further based on the results of research and calculations performed for future tasks,
such as the display of easement boundaries.
• GIS is not considered survey grade and a record of survey will not be required.
• Trees 8-inches DBH or greater within the survey limits defined above will be located
and identified as evergreen or deciduous. Determining tree dripline limits is not
included.
• Permits will not be required to complete the survey.
• The design team will adhere to the City’s standards for control and CAD deliverables.
• Monuments will not be disturbed by the design team so monument destruction
forms/permits will not be required. The contractor shall be responsible for these
forms should the contractor’s work disturb any monuments.
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Task 4 – Transportation Planning Analysis
The Consultant will evaluate roadway alternatives for West Kitsap Way and prepare a
transportation analysis for the project. The following intersections are the study intersections
for this analysis:
1. Northlake Way NW / Chico Way NW – Kitsap Way
2. Harlow Drive / Kitsap Way
3. Lakehurst Drive NW / Kitsap Way
4. Lyle Avenue / Kitsap Way
5. Austin Drive / Kitsap Way
6. Kitsap Way / Burchfield Drive
7. Kitsap Way / Crawford Drive
8. Kitsap Way / Wilmont Street
9. SR 3 Southbound Off-Ramp – Auto Center Way / Kitsap Way
10. SR 3 Northbound Ramps / Kitsap Way
11. Shorewood Drive / Kitsap Way
4.1 Document Existing Transportation Conditions including:
• Review previous relevant transportation plans and studies including City of Bremerton
Comprehensive Plan, and Non-Motorized Plan and Joint Compatibility Transportation
Plan as well as the connections to regional transportation facilities.
• Review and analyze historical crash data for the last five (5) years at intersections and
mid-block street segments within the study area. Using this data, KPG Psomas will
analyze the frequency, types, and rates and locations of crashes.
• Review existing pedestrian and bicycle facilities including connections to non-
motorized destinations, regional trails, parks, transit services, intersection crossings,
and assessment of non-motorized system continuity.
• Document existing street system including intersection lane channelization and traffic
controls, posted speed limits, street classification, AM and PM peak hour intersection
turning movement volumes, and on-street parking locations within the study area.
• Review corridor geometrics. This includes review of sight distance, grades, corner
radii, lane alignment, and other geometric features of the corridor.
• Existing conditions will be summarized for presentation to City staff and Steering
Committee.
4.2 Conduct corridor walk with select KPG Psomas and City staff. City staff could include
planning, public works operations, and public works maintenance, public officials, parks
department and others. This half-day corridor walk will provide an interdisciplinary review
of the corridor and provide opportunities to collect data, confirm information, take
photographs, and identify current issues. This will also be an informal opportunity for
residents and businesses along the corridor to interact with the project team.
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4.3 Develop Existing (2022) traffic operations model using Synchro 11 software.
• Review City-provided AM and PM peak hour transportation counts at up to eleven
(11) intersections and two (2) daily traffic counts including vehicle speed and
classification data to supplement City-provided historical data for the study area.
Compare collected counts to City-provided historical counts.
• Calibrate existing AM and PM peak hour traffic operations models to reflect observed
conditions.
• Evaluate existing AM and PM peak hour traffic intersection level of service (LOS) and
delay (seconds) and identify existing queuing issues at study intersections.
4.4 Develop 2050 Future Vehicle Forecasts. Work with City staff to develop AM and PM peak
hour traffic volume forecasts based on previous forecasts from the Joint Compatibility
Transportation Plan and other sources. Identify and include expected improvements from
private development.
4.5 Develop up to three (3) multimodal corridor alternatives. Building upon information from
existing conditions analysis, existing and future traffic modeling, and public input, the
Consultant team will work with the City and steering committee to select corridor
alternatives for the evaluation. For each alternative, conceptual cross sections will be
developed showing travel lanes, medians, pedestrian and bicycle facilities, and landscaped
buffers.
4.6 Analyze 2050 AM and PM peak hour traffic operations for up to three (3) multimodal
corridor alternatives. The analysis will evaluate intersection level of service (LOS) and
delay (seconds) and identify queuing issues for the study intersections. This task may
include evaluation traffic signal warrants as needed.
4.7 Prepare preliminary planning level cost estimates for up to three (3) alternatives
developed in Task 4.5 to determine order of magnitude cost differences between the
alternatives.
4.8 Analyze corridor alternatives to evaluate and compare safety, pedestrian and bicycle
mobility, traffic operations, transit operations, vehicle access to properties, property and
right of way impacts, and relative comparison of cost. Working with City staff and key
stakeholders, KPG Psomas will develop a comparison matrix that evaluates corridor
performance under each alternative. Based on the results of the alternatives analysis, a
preferred alternative will be selected for the corridor.
4.9 Refine preferred alternative. The 2050 traffic operations model will be used to
recommend turn lane storage lengths, intersection controls and preliminary signal
phasing and timing. These results will inform the development of a preliminary design of
the corridor and the priority project list. The task includes consideration of up to one (1)
modified or hybrid alternative to the preferred alternative.
DocuSign Envelope ID: 34A3F425-EA4C-495D-8E64-7376937269DA
West Kitsap Way Corridor Study Page 7 of 11 Scope of Work
Task 4 Deliverables:
• Existing conditions analysis summary
• Existing (2020) Traffic Operations Model (Synchro)
• 2050 Baseline Model (Synchro)
• Cross sections of Corridor Alternatives
• 2050 Corridor Alternatives Models (Synchro) for up to three (3) alternatives
• Conceptual planning level cost estimate (PDF) for up to three (3) alternatives
Task 4 Assumptions:
• City will collect and provide traffic count data for the analysis.
• One future year forecast (2050) will be used in the analysis. Evaluation of travel
conditions under alternative land use scenarios are not assumed as part of this
analysis.
• The project does not include completion of an Intersection Control Evaluation (ICE) for
improvements within the WSDOT SR 3 limited access area at the Kitsap Way
interchanges.
• Only one recommended alternative will be carried forward into the study (Tasks 5-9).
Task 5 – Preliminary Corridor Design
Effort under this task includes the anticipated work necessary to determine the horizontal and
approximate vertical alignment of the roadway, and preferred cross-section, conceptual design
treatments, and to identify possible utility improvements that should be considered in
conjunction with roadway improvements. Design elements that will be considered during the
preliminary design are:
• Preferred cross-section developed under Task 4
• Stormwater improvements required per the Department of Ecology Task 6
• Pavement rehabilitation method as developed under Task 7
• Impacts to private property
• Right of way impacts for preferred cross-section
• Constructability and Phasing
• Cost Estimate
5.1 Develop the preliminary corridor design for the preferred alternative. This includes
assessment of access points, preliminary stormwater conveyance and treatment, City-
owned utility improvements, roadway rehabilitation, retaining wall profiles and types,
private property impacts, right of way requirements, conceptual multimodal design
treatments and other preliminary design information. The layout will show roadway and
intersection channelization, intersection traffic control, driveways, sidewalks, crosswalks,
curb ramps, bicycle facilities, transit facilities, on-street parking stalls, curb, and planter
strip locations, and right of way lines.
DocuSign Envelope ID: 34A3F425-EA4C-495D-8E64-7376937269DA
West Kitsap Way Corridor Study Page 8 of 11 Scope of Work
5.2 Develop a preliminary cost estimate for the preferred alternative that includes Design,
Right of Way, and Construction Costs. The cost estimate will be based on typical unit
prices for civil site features, stormwater, landscaping and plantings, and traffic controls.
Right of Way estimates will be based on average residential or commercial land values of
the area, along with factors for obtaining utility easements (if needed).
5.3 Utility Coordination Meetings – Meet with City and/or private utility representatives to
discuss utility concerns and challenges that may be present as part of the development of
the preliminary corridor design.
Task 5 Deliverables
• Preliminary (10%) Layout of Preferred Alternative (PDF Roll Plot)
• Preliminary (10%) Cost Estimate for Preferred Alternative (PDF)
Task 5 Assumptions
• ADA ramps will be developed to determine the configuration of ramps to confirm
space requirements but will not be elevated.
• Individual plan sheets will not be provided for design options. Design options will be in
the form of roll plots with improvements shown to scale.
• Details such as profile locations of proposed utilities will not be shown unless critical.
Task 6 - Stormwater Review
This task includes the effort required to perform conceptual stormwater analysis, conceptual
design of preferred alternative roadway layout and summarize the project’s potential
stormwater management requirements for the selected layout in accordance with the 2021
Kitsap County Stormwater Design Manual (KCSWDM), the equivalent manual to the 2019
Washington State Department of Ecology Stormwater Management Manual for Western
Washington and City of Bremerton Code.
6.1 Stormwater Requirements: Research and review the existing drainage patterns and
existing drainage system within the project limits and identify project discharge points
and downstream conveyance systems to Kitsap Lake and Ostrich Bay Creek; identify
threshold discharge areas (TDAs) based on existing conditions; coordinate with City to
identify any SWM projects proposed in the next ten years based on review of the City
Comprehensive Plan and/or discussions with City staff.
Evaluate the applicability of the minimum requirements for Runoff Treatment, Flow
Control, and On-Site stormwater management following the KCSWDM as applicable to a
transportation redevelopment project, based on target surface areas for each design
alternative.
6.2 Conveyance Systems: Provide preliminary horizontal layout of new drainage structures
and pipes for the selected of the Kitsap Way roadway design alternative, and associated
pipes conveyance for potential stormwater management facilities (Task 6.3, Task 6.4, and
DocuSign Envelope ID: 34A3F425-EA4C-495D-8E64-7376937269DA
West Kitsap Way Corridor Study Page 9 of 11 Scope of Work
Task 6.5), and connections to the downstream systems. Ponding analysis will be
conducted if modeling shows that ponding is occurring. Conveyance system analysis and
design will be performed in accordance with the KCSWDM.
6.3 Flow Control Facilities: Provide a conceptual layout based on preliminary sizing to meet
KCSWDM Minimum Requirement No. 6. Flow Control Facilities for the selected roadway
alternative (depending on the increase of hard surfaces). Potential detention facilities
include underground vaults or tanks, and retrofits of any existing detention facilities
downstream of the project site. Facility alternatives will consider potential construction
cost, right-of-way acquisition, maintenance requirements, and other relevant criteria as
identified through discussions with City staff. The preferred facility design and
recommended stormwater management approach will be summarized in a technical
memorandum.
6.4 Water Quality Facilities: Consultant will conceptually design water quality treatment as a
required for each TDA and new discharges into Kitsap Lake and Ostrich Bay Creek to meet
KCSWDM Minimum Requirement No. 6 Runoff Treatment. Work will include identifying
water quality treatment devices or facilities and locations, as well as opportunities to
utilize On-Site Stormwater management facilities for treatment.
6.5 On-site Stormwater Management Facilities: The Consultant will assess the feasibility of
on-site stormwater treatment facilitates as required for each TDA to meet Minimum
Requirement No 4. The consultant will identify potential locations of facilities. The
consultant will also assess feasibility in utilizing On-Site Stormwater Management BMPs to
reduce the size of or eliminate the need of flow control and/or water quality facilities.
Task 6 Deliverables:
• PDF of Technical Memorandum Summary of Stormwater Requirements and Facilities
Required based on selected roadway alternative
• Preliminary Layout of Stormwater Facilities and Conveyance Systems
• Preliminary Construction Cost Estimate
Task 6 Assumptions:
• Flow control and water quality treatment analysis will be required.
• The City will provide As-Builts of the roadway and adjacent parcels as well as GIS data
of contours and the existing stormwater drain network including stormwater pipes,
structures, facilities and BMPs.
• The project corridor lies within two drainage basins: Kitsap Lake and Ostrich Bay
Creek. Phosphorous treatment is required for runoff in the Kitsap Lake basin.
• Information on infiltration feasibility and design will not be obtained from
geotechnical engineer for evaluation of On-Site Stormwater Management (Minimum
Requirement No. 5). Consultant will summarize the requirements for the project and
DocuSign Envelope ID: 34A3F425-EA4C-495D-8E64-7376937269DA
West Kitsap Way Corridor Study Page 10 of 11 Scope of Work
include potential locations of on-site stormwater management BMPs based on
selected roadway layout.
Task 7 – Geotechnical Review
See HWA Geosciences Inc. Scope and Fee – Attachment B
Task 7 Deliverables:
• Draft PDF of Geotechnical Report presenting results of exploration and engineering
recommendations.
• Final PDF of Geotechnical Report.
Task 7 Assumptions:
• Recommendations from Geotechnical Report will be reviewed and incorporated into
the civil design and will be a consideration in preparing cost estimates.
Task 8 – Prioritization of Improvements
This task will develop and perform an evaluation to identify project phases and prioritize
improvements for the City’s TIP process.
8.1 Develop a set of multimodal improvement project phases based on the City goals and
policies, public and stakeholder outreach, existing and future multimodal needs, safety
analysis, traffic operations analysis, transit plans, aesthetics, and property and
environmental impacts, constructability, and cost. Each project phase will include a
description of the improvements and typical cross sections, and primary challenges that
the improvement aims to mitigate.
8.2 Develop preliminary cost estimates for project phases. These may be developed from
intersection or corridor alternative cost estimates.
8.3 Identify prioritization criteria for project phases. Working with City staff and the Steering
Committee, Consultant will provide potential prioritization criteria for each project phase.
8.4 Coordinate with the City to develop an implementation strategy for the project phases,
including the potential for construction of improvements by future developments and
securing City and grant funding.
Task 8 Deliverables:
• Draft and Final Report in PDF
Task 9 – Draft and Final Report
KPG Psomas will document the findings and recommendations from Tasks 1-8 to develop the
report for the West Kitsap Way Corridor Study.
9.1 Prepare text, figures, graphics, tables into a draft report.
DocuSign Envelope ID: 34A3F425-EA4C-495D-8E64-7376937269DA
West Kitsap Way Corridor Study Page 11 of 11 Scope of Work
9.2 Prepare final report Once comments are received from the City, KPG Psomas will update
the document and submit a final report to the City.
Task 9 Deliverables:
• Draft and Final Report (PDF)
• Two (2) printed and bound copies of the Final Report
Management Reserve
The Management Reserve has been added to address any additional services the City may
require of the Consultant Team. The scope of these services will be determined based on
unanticipated project needs or other considerations at the sole discretion of the City. This work
may include items identified in Tasks 1-9. This work will be conducted on an as needed basis
and the Consultant will not proceed with this task until authorized by the City.
DocuSign Envelope ID: 34A3F425-EA4C-495D-8E64-7376937269DA
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
Exhibit B
DBE Participation Plan
In the absents of a mandatory DBE goal, a voluntary SBE goal amount of ten percent of the Consultant Agreement
is established. The Consultant shall develop a SBE Participation Plan prior to commencing work. Although the
goal is voluntary, the outreach efforts to provide SBE maximum practicable opportunities are not.
Exhibit B DBE Participation Plan
This project has a DBE goal of 13%. KPG will meet this goal by utilizing two different DBE certified subconsultants.
· HWA GeoSciences Inc
o Cert#D5F0024692
o Total Estimated Budget = $22,518
o DBE Commitment = $20,000
o Geotechnical exploration as described in Task 7
· Stepherson & Associates
o Cert#D3M0020076
o Total Estimated Budget $56,914
o DBE Commitment = $47,000
o Community Outreach as described in Task 2
Total DBE commitment: $67,000
This will meet or Exceed the DBE goal of 13% for this project.
Summary: Total Estimated Budget = $513,689
DBE Goal = 13%
Min DBE Commitment = $66,779.57
KPG Staff responsibility for reporting:
· Georgeanne Smith
· Admin Department Manager
· Georgeanne@kpg.com
DocuSign Envelope ID: 34A3F425-EA4C-495D-8E64-7376937269DA
6419
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
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
B.Roadway Design Files
C.Computer Aided Drafting Files
Please see scope of work
Please see scope of work
Please see scope of work
DocuSign Envelope ID: 34A3F425-EA4C-495D-8E64-7376937269DA
6419
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
D.Specify the Agency’s Right to Review Product with the Consultant
E.Specify the Electronic Deliverables to Be Provided to the Agency
F.Specify What Agency Furnished Services and Information Is to Be Provided
Please see scope of work
Please see scope of work
Please see scope of work
DocuSign Envelope ID: 34A3F425-EA4C-495D-8E64-7376937269DA
6419
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
II.Any Other Electronic Files to Be Provided
III.Methods to Electronically Exchange Data
Please see scope of work
Please see scope of work
DocuSign Envelope ID: 34A3F425-EA4C-495D-8E64-7376937269DA
6419
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
A.Agency Software Suite
B.Electronic Messaging System
C.File Transfers Format
Please see scope of work
Please see scope of work
Please see scope of work
DocuSign Envelope ID: 34A3F425-EA4C-495D-8E64-7376937269DA
6419
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
Exhibit D Prime Consultant Cost Computations
See attached Exhibit D
DocuSign Envelope ID: 34A3F425-EA4C-495D-8E64-7376937269DA
6419
May 5, 2022
KPG, P.S.
3131 Elliott Avenue, Suite 400
Seattle, WA 98121
Subject: Acceptance FYE 2021 ICR CPA Report
Dear Susan Rowe:
We have accepted your firms FYE 2021 Indirect Cost Rate (ICR) of 173.37% (0.27%
Facilities Capital Cost of Money)
Stambaugh Ness, Inc. 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@wsdot.wa.gov.
Regards;
ERIK K. JONSON
Contract Services Manager
EKJ:ah
DocuSign Envelope ID: 34A3F425-EA4C-495D-8E64-7376937269DA
Est Direct Salary
Office Overhead @ 1.7337 Fee @ 24% of DL Inclusive Rate
1.7337 24%
Classification Low Hi Costs (DSC)Of DSC of DSC (Rounded to $1)
Principal 89 99 93.91 162.81 22.54 279
Engineering Manager 79 87 82.73 143.43 19.86 246
Senior Engineer 67 74 70.35 121.97 16.88 209
Senior Project Engineer 62 68 64.91 112.53 15.58 193
Project Engineer II 54 59 56.59 98.11 13.58 168
Project Engineer I 46 51 48.23 83.62 11.58 143
Design Engineer 41 46 43.57 75.54 10.46 130
Engineering Technician 36 40 37.69 65.34 9.05 112
Technician 32 35 33.60 58.26 8.06 100
Engineering Assistant 29 32 30.23 52.40 7.25 90
Principal Architect 75 83 78.75 136.53 18.90 234
Aviation Manager 58 65 61.50 106.61 14.76 183
Senior Architect 53 58 55.65 96.48 13.36 165
Architecture Technician II 40 45 42.47 73.64 10.19 126
Architecture Technician I 32 35 33.50 58.08 8.04 100
Survey Manager 79 87 82.73 143.43 19.86 246
Survey Crew II (W/Equip)78 86 82.00 142.16 19.68 244
Survey Crew I (W/Equip)61 68 64.50 111.82 15.48 192
Project Surveyor 51 57 54.06 93.72 12.97 161
Senior Field Surveyor 43 47 44.90 77.84 10.78 134
Field Surveyor 39 43 40.74 70.63 9.78 121
Senior Survey Technician 43 47 45.12 78.22 10.83 134
Survey Technician 35 39 37.08 64.29 8.90 110
Survey Assistant 29 32 30.20 52.36 7.25 90
Urban Design Manager 63 69 66.02 114.46 15.84 196
Project Landscape Architect 47 52 49.85 86.42 11.96 148
Landscape & Graphics Technician 32 35 33.48 58.04 8.03 100
Landscape Assistant 28 31 29.81 51.68 7.15 89
Senior Transportation Planner 57 63 59.93 103.90 14.38 178
Transportation Planner 36 39 37.54 65.08 9.01 112
Senior Construction Manager 77 85 80.76 140.01 19.38 240
Construction Manager 56 62 59.25 102.72 14.22 176
Senior Resident Engineer 49 55 52.00 90.15 12.48 155
Resident Engineer 45 49 46.95 81.40 11.27 140
Assistant Resident Engineer 41 45 42.79 74.19 10.27 127
Senior Construction Observer 67 74 70.00 121.36 16.80 208
Construction Observer III 44 50 47.00 81.48 11.28 140
Construction Observer II 39 44 41.50 71.94 9.96 123
Construction Observer I 32 35 33.28 57.70 7.99 99
Construction Technician 29 32 30.23 52.40 7.25 90
Document Control Specialist 42 46 44.24 76.70 10.62 132
Document Control Admin 33 36 34.32 59.50 8.24 102
Construction Assistant 24 26 24.96 43.27 5.99 74
CAD Manager 56 62 59.39 102.97 14.25 177
Senior CAD Technician 43 48 45.34 78.61 10.88 135
CAD Technician 37 41 39.09 67.77 9.38 116
Business Manager 56 61 58.52 101.46 14.04 174
Senior Admin 41 45 43.00 74.55 10.32 128
Office Admin 31 34 32.24 55.89 7.74 96
Office Assistant 26 28 27.04 46.88 6.49 80
2022 Salary Adjusted Rates
Reimbursables billed at actual costs.
Mileage billed at the current approved IRS mileage rate.
KPG, PS
Summary of Negotiated Costs
Effective July 20, 2021 through June 20, 2022
2022 Estimated Salary Range
DocuSign Envelope ID: 34A3F425-EA4C-495D-8E64-7376937269DA
EXHIBIT D
PRIME CONSULTANT COST COMPUTATIONS
Client: City of Bremerton
Project: West Kitsap Way Planning Study
DATE: 7-1-2022
Project ManagerEngineering ManagerSenior Project EngineerProject Engineer IIProject Engineer IDesign EngineerSurvey ManagerSurvey Crew II (W/Equip)Project SurveyorSenior Survey TechnicianUrban Design ManagerNon-Motorized DesignerLandscape & Graphics TechnicianSenior Transportation PlannerTransportation PlannerBusiness Manager178 246 193 168 143 130 246 244 161 134 196 148 100 178 112 174 Hours Amount
1.1 Progress Reports 15 15 30 5,280.00$
1.2 Coordination Meetings (20)25 3 6 6 3 3 3 5 54 9,636.00$
1.3 Monthly Team Meetings 20 3 15 15 4 15 15 15 102 17,862.00$ 1.4 WSDOT Meetings (2)5 2 3 2 3 15 2,812.00$ 1.5 QA/QC 16 16 6 4 4 4 50 10,422.00$
81 24 6 24 0 6 22 0 0 0 13 18 0 27 15 15 251 46,012.00$
2.1 Coordination Meetings (10 meetings)10 10 10 30 4,260.00$
2.2 Communications Plan 4 2 6 1,008.00$
2.3 Outreach Events - 1+1 mtgs and 2 table events)20 20 16 24 56 4 140 18,864.00$ 2.4 Communications Materials 8 8 8 6 30 4,476.00$ 2.5 Online Open Houses (3 meetings)18 8 16 8 50 7,412.00$ 2.6 Summary Memorandum 4 4 8 1,304.00$ 2.7 Community Steering Committee (4 meetings)20 2 24 30 8 84 11,928.00$
84 0 0 20 0 16 0 0 0 0 2 80 120 26 0 0 348 49,252.00$
3.1 Survey Control 2 32 8 8 50 10,660.00$
3.2 MTLS Survey 20 40 20 150 230 38,000.00$
3.3 Conventional Survey 2 40 40 82 15,612.00$ 3.4 Right of Way Determination 8 80 20 108 17,528.00$ 3.5 Field Review and Finalize Base Map 8 20 28 4,648.00$
0 0 0 0 0 0 40 112 108 238 0 0 0 0 0 0 498 86,448.00$
4.1 Existing Transportation Conditions 8 18 54 80 10,676.00$
4.2 Corridor Walk 12 0 6 6 6 0 30 5,100.00$
4.3 Existing Traffic Operations Model 4 16 32 52 7,144.00$ 4.4 2050 Forecasts Model and Future Conditions 8 24 10 42 6,816.00$ 4.5 Development of Corridor Alternatives (up to 3)16 2 2 18 18 20 8 84 12,652.00$
4.6 2050 Analysis of Alternatives (up to 3)16 8 32 60 116 16,448.00$
4.7 Preliminary Planning Level Cost Estimates 4 12 30 12 58 8,404.00$
4.8 Alternatives Analysis 24 8 8 26 18 84 13,444.00$ 4.9 Preferred Alternative Refinement 8 8 24 36 50 126 17,016.00$
100 2 0 26 0 30 0 0 0 0 2 60 42 178 232 0 672 97,700.00$
5.1 Preliminary Corridor Design (10%)4 6 40 100 6 24 60 240 32,590.00$
5.2 Preliminary Project Cost Estimates 2 16 40 4 8 16 86 11,948.00$
5.3 Utilities Meetings (2)1 2 2 5 774.00$
1 6 6 58 0 142 0 0 0 0 10 32 76 0 0 0 331 45,312.00$
Task 3 - Survey
Task Total
Task 2 - Public Involvement (KPG Psomas Only) - See also Stepherson & Associates Attachment A
Task Total
Task 4 - Transportation Planning Analysis
Task Total
Task 5 - Preliminary Corridor Design
Task Total
Task No.Task Description
Labor Hour Estimate
Total Hours and Labor Estimate by Task
Task 1 - Project Management
Task Total
Page 1 of 2
DocuSign Envelope ID: 34A3F425-EA4C-495D-8E64-7376937269DA
Project ManagerEngineering ManagerSenior Project EngineerProject Engineer IIProject Engineer IDesign EngineerSurvey ManagerSurvey Crew II (W/Equip)Project SurveyorSenior Survey TechnicianUrban Design ManagerNon-Motorized DesignerLandscape & Graphics TechnicianSenior Transportation PlannerTransportation PlannerBusiness Manager178 246 193 168 143 130 246 244 161 134 196 148 100 178 112 174 Hours Amount
Task No.Task Description
Labor Hour Estimate
Total Hours and Labor Estimate by Task
6.1 Stormwater Requirements 2 2 8 16 24 8 12 72 10,184.00$
6.2 Conveyance System Design 1 4 16 32 53 7,398.00$ 6.3 Flow Control Facilitates Design 1 8 12 24 45 6,558.00$ 6.4 Water Quality Facilities Design 1 8 12 24 45 6,558.00$
6.5 On-Site Stormwater Facilities Design 1 4 12 24 41 5,786.00$
6 2 32 0 68 128 0 0 0 0 0 8 12 0 0 0 256 36,484.00$
7.1 Project Setup/Coordination 2 2 2 6 1,184.00$ 7.2 Prepare TCP and ROW Use Application 0 -$ 7.3 Mark Exploration Locations & Arrange Utility Locates 0 -$ 7.4 Pavement Coring 0 -$
7.5 Exploration Logs and Assign Lab Testing 0 -$
7.6 Engineering Analysis 0 -$ 7.7 Draft Report 2 2 4 722.00$ 7.8 Final Report 0 -$ 7.9 Project Management / Meetings 2 2 4 742.00$
4 2 4 4 0 0 0 0 0 0 0 0 0 0 0 0 14 2,648.00$
8.1 Identify Project Phases 12 6 6 12 6 12 54 9,810.00$
8.2 Preliminary Cost Estimate 6 6 16 40 24 92 13,666.00$ 8.3 Prioritization Criteria 12 12 8 32 5,168.00$ 8.4 Implementation Strategy 20 2 6 4 20 52 9,362.00$
50 8 18 28 0 40 0 0 0 0 0 34 0 44 8 0 230 38,006.00$
9.1 Draft Report 16 2 16 24 40 60 158 21,848.00$
9.2 Final Report 8 2 8 16 6 8 48 6,564.00$
24 0 0 0 0 0 0 0 0 0 4 24 40 46 68 0 206 28,412.00$
350 44 66 160 68 362 62 112 108 238 31 256 290 321 323 15 2,806 430,274.00$
Stepherson & Associates 56,914.00$ HWA Geosciences Inc 22,518.00$
$79,432.00
Mileage/Tolls Mileage at current IRS rate 683.00$ Mileage - Survey Mileage at current IRS rate 1,800.00$ Per Diem - Survey Per Diem 1,500.00$
3,983.00$
513,689.00$
25,000.00$ 538,689.00$
Task Total
Task 7 - Geotechnical Review (KPG Psomas Only) - See also HWA Geosciences Inc Attachment B
Task Total
Task 6 - Stormwater Review
Management Reserve
PROJECT TOTAL
Task Total
Task 8 - Prioritization of Improvements
Total Estimated Budget
Total Labor Hours and Amount
Total Subconsultant Expense
Reimbursable Direct Non-Salary Costs
Total Reimbursable Expense
Task 9 - Draft and Final Report
Task Total
Page 2 of 2
DocuSign Envelope ID: 34A3F425-EA4C-495D-8E64-7376937269DA
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
Exhibit E Sub-consultant Cost Computations
If no sub-consultant participation listed 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.
DocuSign Envelope ID: 34A3F425-EA4C-495D-8E64-7376937269DA
6419
September 9, 2021
HWA GeoSciences, Inc.
21312 30th Drive SE, Suite 110
Bothell, WA 98021
Subject: Acceptance FYE 2020 ICR CPA Report
Dear Vasiliy Babko:
We have accepted your firms FYE 2020 Indirect Cost Rate (ICR) of 163.90% of direct
labor (rate includes 0.22% Facilities Capital Cost of Money)
Thomas W. Maxwell, CPA. 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@wsdot.wa.gov.
Regards;
ERIK K. JONSON
Contract Services Manager
EKJ:ah
DocuSign Envelope ID: 34A3F425-EA4C-495D-8E64-7376937269DA
ANTE Negotiated
TITLE HOURLY Overhead Fixed Fee Billing
RATE 1.639 24.00% Rate
Administrative Support $30.00 $49.17 $7.20 $86.37
CAD $31.00 $50.81 $7.44 $89.25
Contracts Administrator $41.00 $67.20 $9.84 $118.04
Geologist III $36.00 $59.00 $8.64 $103.64
Geologist IV $41.00 $67.20 $9.84 $118.04
Geologist VIII $76.00 $124.56 $18.24 $218.80
Geotechnical Engineer VIII $78.00 $127.84 $18.72 $224.56
HWA GEOSCIENCES INC.
Summary of Negotiated Billing Rates
DocuSign Envelope ID: 34A3F425-EA4C-495D-8E64-7376937269DA
Project Cost Estimate HWA Ref: 2022-048
West Kitsap Way Planning Study Date: 30-Jun-22
Bremerton, Washington Prepared By:BKH
Prepared for KPG
Scope of WorkCoordinate locations of 16 pavement cores (4 per lane) with Client.Prepare traffic control plans (TCP) and Right of Way (ROW) use permit application and submit to City of Bremerton for approval.Mark locations of pavement cores arrange for utility locates.
Perform pavement coring at 16 locations. Shallow excavations will be performed through each pavement core. Cores will be patched with compacted aggregate and Aquaphalt cold patch.Prepare photographic logs of pavement cores and assign laboratory testing on selected samples.Perform engineering analyses related to pavement design.Prepare a draft report presenting the results of our explorations and engineering recommendations.
Finalize report based on review comments.
ESTIMATED HWA LABOR:
Geol. VIII Engr. VIII Geol. III Geol. IV Contracts CAD Clerical TOTAL TOTAL
$218.80 $224.56 $103.64 $118.04 $118.04 $89.25 $86.37 HOURS AMOUNT
Project Setup/Coordination 2 2 4 $685
Prepare TCP and ROW Use Application and Submit to City 1 2 3 $461
8 8 16 $2,741
Perform Pavement Coring (assume 3 days)32 32 64 $7,094
2 10 12 $1,630
Engineering Analyses 8 8 $1,796
Prepare Draft Report 4 8 4 4 20 $3,501
Prepare Final Report 1 2 2 1 6 $933
Consultation / Project Management / Meetings 4 4 $898
Total Labor Cost 5 35 32 56 2 6 1 137 $19,738
LABORATORY TEST SUMMARY:ESTIMATED DIRECT EXPENSES:
Est. No.Unit Total Mileage @ 0.585/mi $250
Drilling Subcontractor $0
Test Tests Cost Cost Ferry $150
Grain Size Distribution 8 $115 $920 Pavement Coring (@ $60/core)$960
Grain Size with Hydrometer 0 $250 $0 Traffic Control (Arrowboard/Signs/Etc.)$500
Atterberg Limits 0 $235 $0 Laboratory Testing $920
LABORATORY TOTAL:$920 TOTAL DIRECT EXPENSES:$2,780
PROJECT TOTALS AND SUMMARY:
Total Labor Costs $19,738
Direct Expenses $2,780
GRAND TOTAL:$22,518
Assumed Conditions:
1. All costs are estimated, and may be increased or decreased within the limits of the total budget at the discretion of HWA's project manager.
2. No ROW Use fees will be required.
3. This estimate does not include an environmental assessment.
PERSONNEL & 2022 BILLING RATES
WORK TASK
DESCRIPTION
Prepare Exploration Logs and Assign Lab Testing
Mark Exploration Locations & Arrange Utility Locates
2022-048 W Kitsap Way Investigation 06-30-22.xls
DocuSign Envelope ID: 34A3F425-EA4C-495D-8E64-7376937269DA
WEST KITSAP WAY PLANNING STUDY
SCOPE OF WORK
STEPHERSON & ASSOCIATES COMMUNICATIONS
APRIL 25, 2022
Stepherson & Associates Communications
DocuSign Envelope ID: 34A3F425-EA4C-495D-8E64-7376937269DA
Exhibit A
Scope of Work
W Kitsap Way Planning Study
Agreement Number: TBD
Page: 1 of 5
PROJECT NAME: W Kitsap Way Planning Study
PRIMARY POINT-OF-CONTACT FOR CONSULTANT: John Davies, KPG+Psomas
Project Assumptions
• Duration of scope is 15 months (April 2022 to June 2023).
• Stepherson & Associates Communications (CONSULTANT) will invoice KPG+Psomas
(PRIME CONSULTANT) on a monthly time and material basis.
• All approved direct expenses will be billed to City of Bremerton. City will be billed
directly for all printing, postage and distribution costs associated with community
outreach materials.
• Public event promotions and media will be led by City of Bremerton.
• PRIME CONSULTANT and/or City of Bremerton will provide all content necessary for
display board, open house, and/or presentation development.
• All work performed will be in accordance with City of Bremerton guidelines as
applicable.
COMMUNICATIONS ELEMENTS
TASK 2 – Community Outreach
CONSULTANT will develop a Communications Plan and strategy in accordance with the City of
Bremerton’s engagement requirements. CONSULTANT will provide outreach to inform and engage
those within the immediate project area and neighborhood.
Task 2.1 Project Management and Coordination
General administration
CONSULTANT will have ongoing communication with the technical planning team, as well as the
City of Bremerton project team. CONSULTANT will ensure streamlined and effective
management of the various work elements. This also includes general management of scope,
schedule, budget, monthly reporting and invoicing.
Communications kick-off meeting
CONSULTANT will plan, facilitate, and report on a 1.5-hr communications kickoff meeting. The
meeting will review project outreach goals, roles, guidelines, methods, and inclusive outreach
approach. The meeting will support efforts to ensure effective communications and decision-
making during project execution. Up to 2 consultant staff will attend. CONSULTANT will prepare
meeting agenda and summary.
Consultant team meetings
CONSULTANT will plan and facilitate meetings with KPG+Psomas (PRIME CONSULTANT) to
coordinate on technical planning and plan for engagement.
DocuSign Envelope ID: 34A3F425-EA4C-495D-8E64-7376937269DA
Exhibit A
Scope of Work
W Kitsap Way Planning Study
Agreement Number: TBD
Page: 2 of 5
City of Bremerton Communications meetings
CONSULTANT will plan, facilitate and report on communications with the City of Bremerton. Up
to two (2) consultant team members will attend each meeting, depending on the agenda. The
CONSULTANT will prepare meeting agendas and summary of action items.
Task 2.1 Deliverables
• Monthly invoicing and reporting (up to 15 months)
• Communications team kickoff meeting, agenda, and summary (2 staff)
• Coordination meetings with KPG+Psomas (up to 10, 1 staff)
• Coordination meetings with City of Bremerton (up to 10, 2 staff)
Task 2.2 Communications Plan
CONSULTANT will develop a Communications Plan prior to beginning outreach. This
Communications Plan will identify approaches for effectively informing and involving all
audiences, outreach tools and methods, inclusive outreach strategies, and key messaging.
CONSULTANT will develop a work plan of methods once the Communications Plan is approved.
Task 2.2 Assumptions:
The Communications Plan will include a list of stakeholders, outreach methods, demographic
analysis, key messages, identify potential impacts and risks, and detail roles and responsibilities.
Consultant will have one (1) planning meeting with the City of Bremerton. Once the
Communications Plan is approved, CONSULTANT will develop a workplan.
Task 2.2 Deliverables
• Communications Plan (1 planning meeting, 1 draft, 1 final)
• Workplan (up to 14 updates)
• Key messages (1 draft, final, 2 updates)
• Demographic Analysis
Task 2.3 Events
CONSULTANT, in coordination with the City of Bremerton, will implement an approved
Communications Plan. Activities undertaken by the CONSULTANT team to inform and involve
the public will be in accordance with social distancing guidelines in place at the time.
Elements include:
Virtual presentations: Following social distancing guidelines, CONSULTANT will plan, schedule,
DocuSign Envelope ID: 34A3F425-EA4C-495D-8E64-7376937269DA
Exhibit A
Scope of Work
W Kitsap Way Planning Study
Agreement Number: TBD
Page: 3 of 5
prepare, staff, and report out on up to three (3) virtual presentation meetings. The purpose of
these public meetings are to meet project neighbors, present information on the project and
gather feedback from the community on needs and priorities and alternatives. These events
will use a platform like Zoom or MS Teams.
Tabling: CONSULTANT will attend community events, host a pop-up table, and/or attend
neighborhood fairs and festivals. CONSULTANT’s responsibilities include: scheduling, preparing
materials, staffing, reporting and coordinating any follow-up items. Up to two (2) events are
included in the task.
Task 2.3 Assumptions
• Technical information and design concept graphics will be provided by KPG+Psomas for
event materials.
• Tabling events will include one staff from S&A, and one staff from KPG+Psomas.
• Virtual presentation(s) content will be similar to content used for the online open
houses.
Task 2.3 Deliverables
• Tabling and events (1 staff, up to 2 events, 8 hours each)
• Virtual presentations (up to 3 virtual presentations, 2 staff)
Task 2.4 Communications Materials
CONSULTANT will coordinate with the City of Bremerton and the project team to facilitate
preparation, production and distribution of communications materials, including project fact
sheets, graphics, mailers or flyers, and signage in accordance with City of Bremerton brand
guidelines.
Elements include:
Fact sheet: Develop and update project fact sheet to share the project’s purpose and need, and
schedule.
Mailer: Develop corridor mailers to share project information and invite community to open
houses.
Email updates: Develop email updates to provide the latest details on the project to those most
interested.
Corridor signage: Develop corridor signage to grab attention of corridor users and direct them
DocuSign Envelope ID: 34A3F425-EA4C-495D-8E64-7376937269DA
Exhibit A
Scope of Work
W Kitsap Way Planning Study
Agreement Number: TBD
Page: 4 of 5
to the online open house.
Task 2.4 Assumptions
• KPG+Psomas will provide technical information and graphics to be used in project
materials.
• The City of Bremerton will review and approve all materials prior to distribution/use.
• CONSULTANT will be responsible for coordination with printers and mail houses. The
City of Bremerton will be billed by the vendor for these services.
• CONSULTANT will coordinate translation of materials. The City of Bremerton will pay
directly for translation costs.
• The City of Bremerton will provide branding guidelines or style guides.
Task 2.4 Deliverables
• Factsheet/folio (1 draft, 1 final, 1 update)
• Corridor mailings (1 draft, 1 final, up to 2 mailings)
• Email updates (1 draft, 1 final, up to 5)
• Corridor signage (1 draft, 1 final)
Task 2.5 Online Open House
To increase project reach and accessibility of project information, and to provide additional
avenues for the community to engage with the project, the CONSULTANT will, in close
cooridation with the City of Bremerton, employ online tools and tactics.
Elements include:
Online Open House: CONSULTANT will design, develop content for, promote among the public,
and maintain a project online open house using www.infocommunity.org. The online open
house will provide basic project information, and ways for community to learn more about
project alternatives and provide feedback.
Comment forms: Develop online comment forms to help understand 1) community priorities,
issues, and needs and 2) input on draft alternatives. These will be paired with the online open
house.
Task 2.5 assumptions
• City of Bremerton will host and provide content for their website.
• CONSULTANT’s online open house platform, infocommunity.org, will be used for the
project, unless specified by the City of Bremerton. Similar graphics and content from
materials and virtual presentations will be used when possible.
DocuSign Envelope ID: 34A3F425-EA4C-495D-8E64-7376937269DA
Exhibit A
Scope of Work
W Kitsap Way Planning Study
Agreement Number: TBD
Page: 5 of 5
Task 2.5 Deliverables
• Online open house (2 drafts, 1 final, up to 2 updates)
• Comment forms (1 draft, 1 final,)
Task 2.6 Public Outreach Summary
CONSULTANT will provide a brief summary (memorandum) of public outreach and involvement
efforts and results. Summary will include public outreach, events, summary of public input and
other results. This summary will be incorporated as an appendix to the overall project report
(Task 9).
Task 2.6 Deliverables
• Draft report (1 draft)
• Final report (1 final)
Optional Scope items
Walking tours: Plan for one walking tour of the corridor with stakeholders and neighbors to
discuss current conditions, improvements, and priorities. (1 walking tour, plan and attend, 2
staff)
Door-to-door outreach: CONSULTANT will support on-the-ground outreach to neighboring
businesses along West Kitsap Way. The PRIME CONSULTANT will lead this work. The purpose of
the outreach is to have direct conversation with properties and businesses most impacted by
the study. (1 staff, up to 8 hours)
PowerPoint presentations: Coordinate with the City of Bremerton to develop presentations for
briefings to stakeholder groups, City Council or Mayor's Office. PowerPoint presentations (1
draft, 1 final, up to 5 updates)
Survey: Develop a survey to help the project team understand 1) community priorities, issues,
and needs and 2) input on draft alternatives. These will be paired with the online open house.
DocuSign Envelope ID: 34A3F425-EA4C-495D-8E64-7376937269DA
September 28, 2021
Stepherson & Associates Communications
234 9th Avenue North
Seattle, WA 98109-5120
Subject: Acceptance FYE 2020 ICR Audit Office Review
Dear Jasmin Jacobs:
20 Indirect Cost Rate (ICR) of 140.17% 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;
ERIK K. JONSON
Contract Services Manager
EKJ:ah
DocuSign Envelope ID: 34A3F425-EA4C-495D-8E64-7376937269DA
Est Direct Salary
Office Overhead
@1.4017 Fee @ 24% of DL 2021 Inclusive Rate
1.4017 24%
Classification Low Hi Costs (DSC) Of DSC of DSC (Rounded to $1)
Principal 70 80 76.80 107.65 18.43 203
Senior Associate 2 60 70 61.16 85.73 14.68 162
Senior Associate 1 50 60 50.65 71.00 12.16 134
Associate 3 42 50 44.75 62.73 10.74 118
Associate 2 34 42 39.46 55.31 9.47 104
Associate 1 28 34 34.00 47.66 8.16 90
Project Coordinator 20 29 29.00 40.65 6.96 77
Graphic Design 30 50 45.50 63.78 10.92 120
Administrative Suppo 20 35 28.37 39.77 6.81 75
Project Controller 40 60 57.70 80.88 13.85 152
Stepherson & Associates
Summary of Negotiated Costs
Effective July 20, 2021 through June 20, 2022
2021 Estimated Salary Range
DocuSign Envelope ID: 34A3F425-EA4C-495D-8E64-7376937269DA
Project Principal Senior Associate/PM Project Coordinator Associate 2 Project Controls Senior Associate 1 /
QAQC Graphics & Creative Multiplier
Item SCOPE OF WORK $203.00 $162.00 $77.00 $104.00 $152.00 $134.00 $120.00 1.0000
W Kitsap Way Planning Study - TASK 2
Task 2.1 Project management and coordination (10 mtgs)8 40 10 15 $11,424
Task 2.2 Communications Plan 3 10 16 3 $4,295
Task 2.3 Events (up to 2 tabling; 3 virtual presentations)25 25 40 14 $11,815
Task 2.4 Communications materials 2 20 12 25 5 20 $10,240
Task 2.5 Online open house 1 10 12 24 6 40 $10,847
Task 2.6 Public Outreach Summary Memorandum 1 12 40 4 10 $8,043
Labor Subtotal: 15 117 49 155 15 18 84 $56,664
Reimbursables:
$0
Labor Subtotal: 0 0 0 0 0 0 $0
Reimbursables:
15 117 49 155 15 18 84 453
203.00 162.00 77.00 104.00 152.00 134.00 120.00
3,045.00 18,954.00 3,773.00 16,120.00 2,280.00 2,412.00 10,080.00 56,664.00
Travel Parking $250.00
TOTAL $56,914.00
STEPHERSON & ASSOCIATES COMMUNICATIONS
July 7, 2022
West Kitsap Way Planning Study
Labor Sum:
Staff Biling Rates
DocuSign Envelope ID: 34A3F425-EA4C-495D-8E64-7376937269DA
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
Exhibit F - Title VI Assurances Appendix A & E
APPENDIX ADuring the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows:
1.Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts
and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department ofTransportation, (Title of Modal Operating Administration), as they may be amended from time to time, whichare herein incorporated by reference and made a part of this contract.
2.Non-discrimination: The contractor, with regard to the work performed by it during the contract, will notdiscriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors,including procurements of materials and leases of equipment. The contractor will not participate directly orindirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices
when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21.
[Include Modal Operating Administration specific program requirements.]
3.Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations,
either by competitive bidding, or negotiation made by the contractor for work to be performed under a
subcontract, including procurements of materials, or leases of equipment, each potential subcontractor orsupplier will be notified by the contractor of the contractor's obligations under this contract and the Acts andthe Regulations relative to Non-discrimination on the grounds of race, color, or national origin. [IncludeModal Operating Administration specific program requirements.]
4.Information and Reports: The contractor will provide all information and reports required by the Acts, theRegulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, othersources of information, and its facilities as may be determined by the Recipient or the (Title of Modal
Operating Administration) to be pertinent to ascertain compliance with such Acts, Regulations, and
instructions. Where any information required of a contractor is in the exclusive possession of another who fails
or refuses to furnish the information, the contractor will so certify to the Recipient or the (Title of Modal
Operating Administration), as appropriate, and will set forth what efforts it has made to obtain the information.
5.Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non- discriminationprovisions of this contract, the Recipient will impose such contract sanctions as it or the (Title of ModalOperating Administration) may determine to be appropriate, including, but not limited to:
a.withholding payments to the contractor under the contract until the contractor complies; and/orb.cancelling, terminating, or suspending a contract, in whole or in part.
6.Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in
every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the
Regulations and directives issued pursuant thereto. The contractor will take action with respect to any
subcontract or procurement as the Recipient or the (Title of Modal Operating Administration) may direct as a
means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor
becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction,the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. Inaddition, the contractor may request the United States to enter into the litigation to protect the interests of theUnited States.
DocuSign Envelope ID: 34A3F425-EA4C-495D-8E64-7376937269DA
6419
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
Exhibit F - Title VI Assurances Appendix A & E
APPENDIX E
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes
and authorities; including but not limited to:
Pertinent Non-Discrimination Authorities:
•Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibitsdiscrimination on the basis of race, color, national origin); and 49 CFR Part 21.
•The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because ofFederal or Federal-aid programs and projects);
•Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis ofsex);•Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CFR Part 27;
•The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination
on the basis of age);
•Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits
discrimination based on race, creed, color, national origin, or sex);
•The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage andapplicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 andSection 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs oractivities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients andcontractors, whether such programs or activities are Federally funded or not);•Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis ofdisability in the operation of public entities, public and private transportation systems, places of publicaccommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by
Department of Transportation regulations at 49 C.F.R. parts 37 and 38;
•The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
•Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations, which ensures discrimination against minority populations by discouragingprograms, policies, and activities with disproportionately high and adverse human health orenvironmental effects on minority and low-income populations;
•Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency,and resulting agency guidance, national origin discrimination includes discrimination because of limitedEnglish proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps toensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);•Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating
because of sex in education programs or activities (20 U.S.C. 1681 et seq).
DocuSign Envelope ID: 34A3F425-EA4C-495D-8E64-7376937269DA
6419
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
Exhibit G Certification Document
Exhibit G-1(a) Certification of Consultant
Exhibit G-1(b) Certification of
Exhibit G-2
Exhibit G-3
Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions
Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
Certificate of Current Cost or Pricing Data Exhibit G-4
City of Bremerton
DocuSign Envelope ID: 34A3F425-EA4C-495D-8E64-7376937269DA
6419
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 2//201
Exhibit G-1(a) Certification of Consultant
I hereby certify that I am the and duly authorized representative of the firm of
______________________________________________________________________________________
whose address is
______________________________________________________________________________________
and that neither the above firm nor I have
D 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 CONS8/TANT)to solicit or secure thisAGREEMENT;
E Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services ofany firm or person in connection with carrying out thisAGREEMENT; or
F Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee workingsolely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kindfor, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expresslystated (ifany);
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.
Consultant (Firm Name)
Signature (Authorized Official of Consultant) Date
KPG Psomas Inc.
3131 Elliott Avenue, Seattle WA 98121
Washington State Department of Transportation
KPG Psomas Inc.
7/5/2022
DocuSign Envelope ID: 34A3F425-EA4C-495D-8E64-7376937269DA
6419
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 2//201
Exhibit G-1(b) Certification of ________________________________________
I hereby certify that I am the:
Other
of the _______________________________________, and ________________________________________
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; o
b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, orconsideration 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.
Signature Date
Certified Authority
City of Bremerton
x
KPG Psomas Inc.City of Bremerton
Washington Dept of Transportation
DocuSign Envelope ID: 34A3F425-EA4C-495D-8E64-7376937269DA
8/9/2022
6419
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 2//201
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 itsprincipals:
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 orcontract under a public transaction; violation of Federal or State anti-trust statues or commission ofembezzlement, 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; an
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.
Consultant (Firm Name)
Signature (Authorized Official of Consultant) Date
KPG Psomas Inc.
7/5/2022
DocuSign Envelope ID: 34A3F425-EA4C-495D-8E64-7376937269DA
6419
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 2//201
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 anyperson 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 forinfluencing or attempting to influence an officer or employee of any Federal agency, a Member ofCongress, an officer or employee of Congress, or an employee of a Member of Congress in connectionwith this Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete andsubmit Standard Form - LLL, “Disclosure Form to Report Lobbying,” in accordance with itsinstructions.
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 require 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.
Consultant (Firm Name)
Signature (Authorized Official of Consultant) Date
KPG Psomas Inc.
7/5/2022
DocuSign Envelope ID: 34A3F425-EA4C-495D-8E64-7376937269DA
6419
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 2//201
Exhibit G-4 Certification 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 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 ______________________________________* are accurate, complete, and current as of ______________________________________________**.
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: ___________________________________________________________________________
Signature Title
Date of Execution __________________________________________________________***:
*Identify the proposal, quotation, request for pricing adjustment, or other submission involved, giving the appropriate identifying number (e.g. project title.)**Insert the day, month, and year, when price negotiations were concluded and price AGREEMENT was reached.***Insert the day, month, and year, of signing, which should be as close as practicable to the date when the price negotiations were concluded and thecontract price was agreed to.
West Kitsap Way Corridor Planning Study
June 6, 2022
KPG Psomas Inc.
Vice President
DocuSign Envelope ID: 34A3F425-EA4C-495D-8E64-7376937269DA
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Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 2//201
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 $ _______________________ .
The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the amount of $ __________________________________.
Such insurance coverage shall be evidenced by one of the following methods:
•Certificate of Insurance
•Self-insurance through an irrevocable Letter of Credit from a qualified financial institution
Self-insurance through documentation of a separate fund established exclusively for the payment of professional liability claims, including claim amounts already reserved against the fund, safeguards established for payment from the fund, a copy of the latest annual financial statements, and disclosure of the investment portfolio for
those funds.
Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed
$1 million per occurrence or the value of the contract, whichever is greater, then justification shall be submitted to the Federal Highway Administration (FHWA) for approval to increase the minimum insurance limit.
If FHWA approval is obtained, the AGENCY may, at its own cost, reimburse the CONSULTANT for the additional professional liability insurance required.
Notes: Cost of added insurance requirements: $ ___________________________.
•Include all costs, fee increase, premiums.
•This cost shall not be billed against an FHWA funded project.
•For final contracts, include this exhibit
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DocuSign Envelope ID: 34A3F425-EA4C-495D-8E64-7376937269DA
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Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 2//201
Exhibit I
Alleged Consultant Design Error Procedures
The purpose of this exhibit is to establish a procedure to determine if a consultant has 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 settlementwith the consultant. The settlement would be paid to the agency or the amount would be reducedfrom 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 mayrequest that the alleged design error(s) issue be forwarded to the Director of Public Works or AgencyEngineer for review. If the Director of Public Works or Agency Engineer, after review with theirlegalcounsel, is not able to reach mutual agreement with the consultant, proceed to Step 5.
DocuSign Envelope ID: 34A3F425-EA4C-495D-8E64-7376937269DA
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Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 2//201
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 costsfor federal reimbursement.
•If mutual agreement is reached, the agency and consultant adjust the scope of work and costs toreflect the agreed upon resolution. LP, in consultation with FHWA, will identify the amount of federalparticipation 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.
DocuSign Envelope ID: 34A3F425-EA4C-495D-8E64-7376937269DA
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Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 2//201
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) total a $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 theadditional 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.
DocuSign Envelope ID: 34A3F425-EA4C-495D-8E64-7376937269DA
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Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 2//201
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 associatewith 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
DocuSign Envelope ID: 34A3F425-EA4C-495D-8E64-7376937269DA
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