080-22 - Skillings, Inc. - ContractDocuSign Envelope ID: 120BD580-5D1 1-449B-B21 E-E25BC659EO8C
Agreement Number: C080-22
Local Agency Professional Services
Negotiated Hourly Rate Consultant Agreement
Does this Require DES filing? ❑ Yes ❑✓ No
Firm/Organization Legal Name (do not use dba's):
Skillings, Inc.
Address
Federal Aid Number
5016 Lacey Blvd. SE, Lacey, WA 98503
UBI Number
Federal TIN
600-491-794
91-1212924
Execution Date
Completion Date
December 31, 2023
1099 Form Required
Federal Participation
❑ Yes ❑✓ No
❑ Yes No
Project Title
Bay Street Pedestrian Pathway Project Segments 6 to 11
Description of Work
The City has requested professional engineering services for the preparation of 100% Ad Ready Plans,
Specifications and Estimate (PS&E) for the Bay Street Pedestrian Pathway Project Segments #6 to #11. The
City's Bay Street Pedestrian Pathway project consists of ten segments of a paved and/or cantilevered
multi -modal pathway connecting the Port of Bremerton's Waterfront Park to the Kitsap Transit Foot Ferry
Terminal at the Annapolis Dock. Segments #2, #3, #4 and #5 have been completed. The PS&E for the
remaining Segments #6 to #11 are currently at a 90% state of completion.
❑ Yes % ❑i No DBE Participation
Maximum Amount Payable: $450,705
❑ Yes % ❑i No MBE Participation
❑ Yes % ❑i No WBE Participation
❑ Yes % ❑✓ No SBE Participation
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
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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. 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 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.
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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 absence of a mandatory UDBE, the Consultant shall continue their outreach efforts to provide SBE firms
maximum practicable opportunities.
The CONSULTANT, on a monthly basis, shall enter the amounts paid to all firms involved with this
AGREEMENT into the wsdot.diversitycompliance.com program. Payment information shall identify any DBE
Participation. Non -minority, woman owned DBEs does not count towards UDBE goal attainment.
All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned.
All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C —
Preparation and Delivery of Electronic Engineering and other Data."
All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared
by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for
these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or
on behalf of the AGENCY of any such instruments of service, not occurring as a part of this SERVICE, shall be
without liability or legal exposure to the CONSULTANT.
Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other
party by (i) certified mail, return receipt requested, or (ii) by email or facsimile, to the address set forth below:
If to AGENCY:
Name: K. Chris Hammer, PE PMP
Agency: City of Port Orchard
Address: 216 Prospect Street
City: Port Orchard State: WA Zip: 98366
Email: kchammer@cityportorchard.gov
Phone: 360-876-4991
Facsimile:
IV. Time for Beginning and Completion
If to CONSULTANT:
Name: Patrick E. Skillings, PMP
Agency: Skillings, Inc.
Address: PO Box 5080
City: Lacey State: WA Zip: 98503
Email: pskillings@skillings.com
Phone: 360.491.3399
Facsimile:
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing
by the AGENCY. This AGREEMENT may require filing with the Department of Enterprise Services (DES)
pursuant to RCW 39.26.140. If such approval is required by DES, this AGREEMENT shall not bind the
AGENCY until approved by DES. If the AGREEMENT must be approved by DES, work cannot begin, nor
payment made until ten (10) or more working days following the date of filing, and until approved by DES. Any
subsequent SUPPLEMENTAL AGREEMENT may also be subject to filing and/or approval from DES. All
work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT titled
"Completion Date."
The established completion time shall not be extended because of any delays attributable to the CONSULTANT,
but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of
unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the
CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the established
completion time. Agreement Number: C080-22
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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 the
negotiated hourly rates shown in Exhibits "D" and "E" attached hereto and by reference made part of this
AGREEMENT. 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 to
renegotiations for each subsequent twelve (12) month period (180 days following FYE date to 180 days
following FYE date) upon written request of the CONSULTANT or the AGENCY. The written request must
be made to the other party within ninety (90) days following the CONSULTANT's FYE date. If no such
written 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 acknowledgement
between the parties. Such final written acknowledgement shall be incorporated into, and become a part of,
this AGREEMENT. If requested, the CONSULTANT shall provide current payroll register and
classifications to aid 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 the CONSULTANT's actual costs. The audit findings will establish the direct (raw) labor rates and
classifications that will be 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 the AGREEMENT.
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
rates 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 during
the provisional or conditional period will not be adjusted. The CONSULTANT may request an extension of
the last approved indirect cost rate for the twelve (12) month period. These requests for provisional indirect
cost rate and/or extension will be considered on a case -by -case basis, and if granted, will be memorialized in a
final written acknowledgement.
The CONSULTANT shall maintain and have accessible support data for verification of the components of the
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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B. Direct Non -Salary Costs: Direct Non -Salary Costs will be reimbursed at the actual cost to the CONSULTANT.
These charges may include, but are not limited to, the following items: travel, printing, long distance telephone,
supplies, computer charges. The CONSULTANT shall comply with the rules and regulations regarding travel
costs (excluding air, train, and rental car costs) in accordance with the WSDOT'S Accounting Manual M 13-
82, Chapter 10 — Travel Rules and Procedures, and all 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 AGENCY upon request. All above charges must be
necessary for the SERVICES provided under this AGREEMENT.
C. 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.
D. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in
A and B above. The monthly billings shall be supported by detailed statements 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.
E. 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 such final
audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to
the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund shall not constitute
a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of
overpayment. Per the 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.
F. 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 Task Order
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 acknowledgement between the parties.
All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require
each sub -consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With
respect to sub -consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE's
Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011.
The CONSULTANT, sub -recipient, or sub -consultant shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the
CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result
in the termination of this AGREEMENT or such other remedy as the recipient deems appropriate.
VII. Employment and Organizational Conflict of Interest
The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona
fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or
agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any
fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the
award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul
this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration
or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work
or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the
CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's
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.
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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
(23 U.S.C. Chapter 3 § 324)
• 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
• Rehabilitation Act of 1973 • 49 CFR Part 21
(29 U.S.C. Chapter 16 Subchapter V § 794) . 49 CFR Part 26
• Age Discrimination Act of 1975 • RCW 49.60.180
(42 U.S.C. Chapter 76 § 6101 et. seq.)
In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit
"F" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit
"F" in every sub -contract, including procurement of materials and leases of equipment, unless exempt by the
Regulations or directives issued pursuant thereto.
IX. Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten
(10) days written notice to the CONSULTANT.
In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the
CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged 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), 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/or the AGENCY, their
agents, officers, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom
the STATE and/or the AGENCY may be legally liable; and provided further that if the claims or suits are caused
by or result from the concurrent negligence of (a) the CONSULTANT or the CONSULTANT's agents, employees,
sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally
liable, and (b) the STATE and/or the AGENCY, its agents, officers, employees, sub -consultants, subcontractors
and or vendors, of any tier, or any other persons for whom the STATE and/or the 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, its 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's and/or the AGENCY's, their agents', officers' and employees' failure to comply
with specific written instructions regarding use provided to STATE and/or the AGENCY, their agents, officers and
employees by the CONSULTANT, its agents, employees, sub -consultants, subcontractors or vendors, of any tier, or
any other persons for whom the CONSULTANT may be legally liable.
The CONSULTANT's relation to the AGENCY shall be at all times as an independent contractor.
Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole
discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and
examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or
any similar statute involving the CONSULTANT in the procurement of, or performance under, this AGREEMENT.
The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT's own
employees or its agents against the STATE and/or the AGENCY and, solely for the purpose of this indemnification
and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51
RCW. This waiver has been mutually negotiated by the Parties.
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 CONSULT ANT 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 with minimum
limits of one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) in the
aggregate for each policy period.
C. Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage for
any "Auto" (Symbol 1) used in an amount not less than a one million dollar ($1,000,000.00) combined single
limit for each occurrence.
Excepting the Worker's Compensation Insurance and any Professional Liability Insurance, the STATE and
AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub -
consultant and/or subcontractor as an additional insured (the "AIs"), with no restrictions or limitations concerning
products and completed operations coverage. This coverage shall be primary coverage and non-contributory and
any coverage maintained by the AIs shall be excess over, and shall not contribute with, the additional insured
coverage required hereunder. The CONSULTANT's and the sub -consultant's and/or subcontractor's insurer shall
waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with
verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to
require complete, certified copies of all required insurance policies at any time.
All insurance shall be obtained from an insurance company authorized to do business in the State of Washington.
The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the
execution of this AGREEMENT to:
Name: K. Chris Hammer, PE PMP
Agency: City of Port Orchard
Address: 216 Prospect Street
City: Port Orchard State: WA Zip: 98366
Email: ckchammer@portorchardwa.gov
Phone: 360-876-4991
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 party,
and no third party beneficiary is intended or created by the execution of this AGREEMENT.
The AGENCY will pay no progress payments under section V "Payment Provisions" until the CONSULTANT has
fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is
available to it under other provisions of this AGREEMENT, or otherwise in law.
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XIII. Extra Work
A. The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT
in the SERVICES to be performed.
B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance
of any part of the SERVICES under this AGREEMENT, whether or not changed by the order, or otherwise
affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an equitable adjustment
in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms
and shall modify this AGREEMENT accordingly.
C. The CONSULTANT must submit any "request for equitable adjustment," hereafter referred to as "CLAIM,"
under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY
decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final
payment of this AGREEMENT.
D. Failure to agree to any adjustment shall be a dispute under the section XI "Disputes" clause. However, nothing
in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed.
E. Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above, the maximum amount payable for
this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement
to this AGREEMENT.
XIV. Endorsement of Plans
If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering
data furnished by them.
XV. Federal Review
The Federal Highway Administration shall have the right to participate in the review or examination of the
SERVICES in progress.
XVI. Certification of the Consultant and the AGENCY
Attached hereto as Exhibit "G-1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit
"G-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered
Transactions, Exhibit "G-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
and Exhibit "G-4" Certificate of Current Cost or Pricing Data. Exhibit "G-3" is required only in AGREEMENT's
over one hundred thousand dollars ($100,000.00) and Exhibit "G-4" is required only in AGREEMENT's over
five hundred thousand dollars ($500,000.00.) These Exhibits must be executed by the CONSULTANT, and
submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III
"General Requirements" prior to its performance of any SERVICES under this AGREEMENT.
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.
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XVIII. Execution and Acceptance
This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed
to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements,
representations, warranties, covenants, and AGREEMENT's contained in the proposal, and the supporting material
submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and
conditions thereof.
XIX. Protection of Confidential Information
The CONSULTANT acknowledges that some of the material and information that may come into its possession
or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt
from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state
or federal statutes ("State's Confidential Information"). The "State's Confidential Information" includes, but is
not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles,
credit card information, driver's license numbers, medical data, law enforcement records (or any other information
identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security
data, non-public Specifications, STATE and AGENCY non -publicly available data, proprietary software, STATE
and AGENCY security data, or information which may jeopardize any part of the project that relates to any of
these types of information. The CONSULTANT agrees to hold the State's Confidential Information in strictest
confidence and not to make use of the State's Confidential Information for any purpose other than the performance
of this AGREEMENT, to release it only to authorized employees, sub -consultants or subcontractors requiring such
information for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish, transfer,
sell, disclose, or otherwise make it known to any other party without the AGENCY's express written consent
or as provided by law. The CONSULTANT agrees to release such information or material only to employees,
sub -consultants or subcontractors who have signed a nondisclosure AGREEMENT, the terms of which have
been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and
managerial safeguards to prevent unauthorized access to the State's Confidential Information.
Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the AGENCY's
option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State's Confidential
Information; or (ii) returned all of the State's Confidential Information to the AGENCY; or (iii) take whatever other
steps the AGENCY requires of the CONSULTANT to protect the State's Confidential Information.
As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following:
the State's Confidential Information received in the performance of this AGREEMENT; the purpose(s) for which
the State's Confidential Information was received; who received, maintained and used the State's Confidential
Information; and the final disposition of the State's Confidential Information. The CONSULTANT's records shall
be subject to inspection, review, or audit upon reasonable notice from the AGENCY.
The AGENCY reserves the right to monitor, audit, or investigate the use of the State's Confidential Information
collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or
investigating may include, but is not limited to, salting databases.
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) is generally utilized by
unaffiliated third parties engaged in the same business or businesses as the CONSULTANT.
The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure
laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and/
or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a
public disclosure request is made to view materials identified as "Proprietary and/or confidential information" or
otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that such
records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent
jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure, the
AGENCY will release the requested information on the date specified.
The CONSULTANT agrees to notify the sub -consultant of any AGENCY communication regarding disclosure that
may include a sub -consultant's proprietary and/or confidential information. The CONSULTANT notification to the
sub -consultant will include the date that such records will be released by the AGENCY to the requester and state
that unless the sub -consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure
the AGENCY will release the requested information. If the CONSULTANT and/or sub -consultant fail to obtain
a court order or other judicial relief enjoining the AGENCY by the release date, the CONSULTANT shall waive
and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages,
liabilities, or costs associated with the AGENCY's said disclosure of sub -consultants' information.
XIX. Records Maintenance
During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6) years
from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain and maintain all
"documents" pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all "documents"
pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT's place
of business during normal working hours. If any litigation, claim or audit is commenced, the CONSULTANT shall
cooperate with AGENCY and assist in the production of all such documents. "Documents" shall be retained until
all litigation, claims or audit findings have been resolved even though such litigation, claim or audit continues past
the six (6) year retention period.
For purposes of this AGREEMENT, "documents" means every writing or record of every type and description,
including electronically stored information ("ESI"), that is in the possession, control, or custody of the
CONSULTANT, including, without limitation, any and all correspondences, contracts, AGREEMENT `s,
appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten
notes, reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records,
work sheets, charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings,
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, `BSI" 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
DocuSigned by:
Pb Nmwvu,
Signature
November 17, 2022
Date
11/23/2022
Date
Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office
of the Attorney General.
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Exhibit A
Scope of Work
Project No. C080-22
Agreement Number: C080-22
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DocuSign Envelope ID: 120BD580-5D11-449B-B21E-E25BC659E08C
EXHIBIT A
SCOPE OF WORK
Prepared for:
CITY OF PORT ORCHARD
BAY STREET PEDESTRIAN PATHWAY
SEGMENTS 6 TO 11
November 9, 2022
Introduction
The following scope of work delineates tasks to be performed as part of the agreement between
Skillings Inc. (Consultant) and the City of Port Orchard (City) . The City has requested professional
engineering services for the preparation of 100% Ad Ready Plans, Specifications and Estimate (PS&E) for
the Bay Street Pedestrian Pathway Project Segments #6 to #11. The City's Bay Street Pedestrian Pathway
project consists of ten segments of a paved and/or cantilevered multi -modal pathway connecting the
Port of Bremerton's Waterfront Park to the Kitsap Transit Foot Ferry Terminal at the Annapolis Dock.
Segments #2, #3, #4 and #5 have been completed. The PS&E for the remaining Segments #6 to #11 are
currently at a 90% state of completion.
Work is anticipated to include the following:
• Update 90% PS&E with new Right -of -Way plans provided by the City.
• Review cross -sections for tie-ins and other conflicts, adjust vertical profile as needed.
• Develop traffic control and construction phasing plans to accommodate businesses and local
access.
• Environmental permitting compliance.
• Prepare 100% Ad Ready Bid Documents.
Project Assumptions:
• NLO Geotechnical Report dated June 2012, copy provided by the City.
• Additional geotechnical investigations consisting of additional soil borings will be completed by
GeoEngineers Inc.
• Right-of-way plans prepared by KPG, approved by WSDOT on 8-16-2022, provided by the City.
• City has secured all permits. Most current permit documents, provided by the City.
• Civil 3D 2022 will be used for design.
• Out -of -scope services beyond these limits may be considered as Extra Work. Consultant will
notify the City of out -of -scope services prior to starting the work.
• The level of effort for various tasks are estimates and may vary. The contract will be managed to
the contract maximum, not the task level budgets.
• Advertise in Fall of 2023
• Design effort will be completed in 5 months.
• Potential federal funds in construction.
Task 10 — Project Management
Assumptions:
• Meetings will be by phone or MS Teams video conferences unless otherwise stated.
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Bay Street Pedestrian Pathway 6-11
November 9, 2022
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Tasks:
1. Develop a Project Schedule.
2. Schedule, prepare for, and take part in bi-weekly telephone or Teams Meeting conference calls
with Client.
3. Provide quality control and in-house coordination.
4. Prepare monthly billings with progress reports and include monthly Earned Value Reports.
Deliverables:
• In-house project management
• Monthly progress reports and invoicing
Task 20 — Review and Update 90% PS&E
This task consists of the review and update of the current 90% PS&E package for Segments #6 to #11.
Work shall include updating plan sheets with new Right -of -Way plans provided by the City, review of
permits, and review of trail design cross -sections for tie-ins, storm drainage, utility coordination,
conflicts, and other concerns.
Assumptions:
• City to provide previously completed 90% PS&E package, CAD files, and completed design
reports.
• Consultant will coordinate with the utilities within the project limits, anticipated to consist of:
o City water and sewer
o Overhead electrical transmission and distribution
o Overhead telephone
o Overhead cable
• Consultant will maintain a design diary documenting approaches, problems, decisions, and
actions. Diary will be maintained continuously throughout the project.
• Stormwater design has not been previously completed and the preparation of a final
stormwater drainage report is included in this scope of work.
• Storm drainage modifications will follow the requirements of the 2019 edition of the
Stormwater Management Manual for Western Washington (SWMMWW).
• Flow control and quantitative downstream analysis will not be required.
Tasks:
1. Review previously completed 90% plan sheet and design CAD files, update to Skillings standards.
2. Prepare preliminary stormwater drainage report:
a. Determine project limits and assess threshold discharge areas (TDAs).
b. Determine area totals for existing pervious and impervious areas, new and replaced
surfaces.
c. Assess applicability of overall Minimum Requirements and individual thresholds for LID,
water quality, and flow control.
3. Update plan sheets with new Right -of -Way plans.
4. Review completed and in -progress permits, determine additional permits (if any) are required.
5. Review trail design for Segments #6 to #11.
6. Provide utility coordination:
Contact utility companies
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b. Attend up to five (S) utility coordination meetings
c. Review relocation designs prepared by utility companies and provide feedback on conflicts
with utilities
7. Prepare technical memorandum documenting items reviewed and a summary of deficiencies.
8. Provide internal CIA and QC and project coordination.
9. Submit technical memorandum to City for review.
Deliverables:
• Preliminary Stormwater Drainage Report
• Utility coordination meeting notes
• Technical Memorandum of 90% PS&E Review.
Task 30 —100% PS&E
This task consists of addressing City comments and advancing PS&E to a 100% level of design. The 100%
PS&E will be submitted to the City for review, comments will be addressed to prepare a Complete Bid
Package.
Assumptions:
• City has reviewed the Technical Memorandum of 90% PS&E Review and have provided
concurrence and direction to the Consultant.
• City will provide the contract bid documents used for Segment #3 for use in preparation of the
contract bid package.
• Special provisions will be prepared utilizing WSDOT specifications format.
• Upon completion of the 100% PS&E review, the City will provide one set of consolidated
comments on the 100% PS&E.
• Completed Right -of -Way plan will be provided by City, Right -of -Way lines will be delineated on
the construction drawings.
• Consultant will provide only one update to any portion of the 100% PS&E for preparation of the
Complete Bid Set.
• An Engineer's Estimate for the Probable Cost to Construct will be prepared that lists all of the
project bid items, showing contract item number, unit of measurement, estimated unit price,
estimated quantity, and total estimated cost for each.
o The total project cost will be shown on this estimate.
o This estimate will be used as the basis of review for the lowest responsive responsible
bidder.
• HBB Landscape Architects will provide landscape design review and final landscape design.
Tasks:
1. Phone conference with City to discuss comments from the Technical Memorandum.
2. Incorporate City comments, prepare comment response matrix.
3. Prepare final stormwater drainage report:
a. Update stormwater drainage report to include changes made for the 100% PS&E.
b. Prepare SWPPP.
4. Prepare 100% level of plans consisting of the following sheets:
a. Cover Sheet with Vicinity Map and Index
b. Construction Notes, Legend, Abbreviations
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c. Key Map
d. Horizontal Control Plan
e. Existing Conditions, Demolition and TESC Plan & Details
f. Trail Plan and Profile
g. Trail Sections
h. Trail Notes and Details
i. Storm Drainage Plan and Profile
j. Structural Plans, Sections, and Details
k. Lighting Plan
I. Lighting Details
m. Signing Plan
n. Signing Specifications
o. Signing Details
p. Pavement Marking Plan
q. Pavement Marking Details
r. Landscaping Plans
s. Temporary Traffic Control Plan
5. Prepare Quantities Notebook.
6. Prepare 100% Engineer's Estimate of Probable Costs to Construct.
7. Prepare Contract Bid Package:
a. Front end documents.
b. WSDOT PSE Checklist GSPs and fill-ins.
c. Special Provisions.
d. Required Federal -aid documents.
e. State prevailing wage documents.
8. Submit package to City for review and approval as necessary:
a. 100% PS&E.
b. Environmental clearance.
9. Review City comments on 100% PS&E.
10. Incorporate 100% PS&E comments to prepare Complete Bid Package, prepare comment
response matrix.
11. Provide internal QA and QC and project coordination
12. Submit Complete Bid Package to City.
Deliverables:
• Final Basis of Design Memo.
• Final Stormwater Design Report
• Technical Memorandum Review Comment Response Matrix.
• One (1) electronic set of signed 100% Plans to City and WSDOT for review.
• Contract Bid Package.
• 100% Engineer's Estimate of Probable Cost to Construct.
• Final Quantity calculation notebook.
• Environmental Commitment file.
• One (1) electronic set of Final and Signed Complete Bid Package to City. All documents will be
submitted as pdf's, CAD Files, Word Files (.docx), and Estimate in Excel.
• 100% Review Comment Response Matrix.
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Task 40 —Aquatic Permitting
Consultant will assist the City through the bidding and award process.
Assumptions:
• NEPA documentation and review has been completed. This Scope of Work does not include
completion of additional NEPA documentation or permitting.
• Previous NEPA documentation and permitting was completed by GeoEngineers (GE). GE will be
added to this contract as a subconsultant to Skillings to coordinate design with issued permit
conditions or environmental commitments.
• Design elements have the potential to include removal of overwater structures, including
creosote piling removal that were not included in previous environmental permitting. This
Scope of Work will include completion of a Joint Aquatic Resource Permit Application *DARPA)
for submittal to the U.S. Army Corps of Engineers (USCOE) and Washington State Department of
Ecology (ECY) as application for a Section 401/404 permit.
• Previously prepared environmental documentation, including but not exclusive of, the Biological
Assessment and Section 106 Cultural Resources Report can be relied upon as supporting
documentation for inclusion with the JARPA submittal.
Tasks:
Prepare JARPA form.
Prepare JARPA Exhibit in USACE format.
Coordination with GE.
Deliverables:
• Completed JARPA package with USACE Exhibits
• GE Coordination notes
Task 50 — Geotechnical Investigation
Assumptions:
• GeoEngineers (GE) will conduct additional soil borings to determine subsurface conditions for
stages #6 -#11 as a subconsultant to Skillings.
• GE will perform up to ten (10) additional borings with an average depth of up to 20 feet each, or
a total allowance of 200 feet total.
Tasks:
1. Provide subconsultant management
2. Conduct field exploration
3. Determine weight bearing capacity at each boring location.
4. Prepare draft geotechnical report
5. Prepare final geotechnical report
Deliverables:
• Draft Geotechnical report
• Final Geotechnical report
Skillings, Inc. Page 5 of 11 City of Port Orchard
Bay Street Pedestrian Pathway 6-11
November 9, 2022
DocuSign Envelope ID: 120BD580-5D11-449B-B21E-E25BC659E08C
Task 60 — Bid Support Services
Consultant will assist the City through the bidding and award process.
Assumptions:
The City will:
• Prepare Advertisement for Bids.
• Advertise the project.
• Provide Bid Documents and addenda to Builders Exchange for distribution
• Host the bid opening.
• Prepare bid tabulation.
• Prepare notice of award.
The Consultant will:
• Provide support to City in responding to bidder's questions.
• Prepare up to two (2) addenda.
• Attend Bid Opening
• Review Bid Tabulation.
• Prepare draft memo after completion of the PE phase that the project has been or will be
constructed with non-FHWA funds.
Tasks:
1. Consultant will provide assistance through bidding and award. This work is expected to include:
a. Responding to bidder's questions.
b. Prepare up to two (2) addenda.
c. Attend Bid Opening.
d. Review Bid Tabulation.
END SCOPE OF WORK
Skillings, Inc. Page 6 of 11 City of Port Orchard
Bay Street Pedestrian Pathway 6-11
November 9, 2022
DocuSign Envelope ID: 120BD580-5D11-449B-B21E-E25BC659E08C
Exhibit B
No DBE Participation Required
DBE Participation Plan
Agreement Number: C080-22
Exhibit B - Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 0313012021
DocuSign Envelope ID: 120BD580-5D11-449B-B21E-E25BC659E08C
Exhibit C
Preparation and Delivery of Electronic Engineering and Other Data
In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is
to use in preparing electronic files for transmission to the agency. The format and standards to be provided may
include, but are not limited to, the following:
I. Surveying, Roadway Design & Plans Preparation Section
A. Survey Data
Basemap in AutoCAD Civil 3D 2022
B. Roadway Design Files
Plans in AutoCAD Civil 3D 2022 and PDF
C. Computer Aided Drafting Files
Plans in AutoCAD Civil 3D 2022 and PDF
Agreement Number: C080-22
Exhibit C - Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 0313012021
DocuSign Envelope ID: 120BD580-5Dl1-449B-B21E-E25BC659E08C
D. Specify the Agency's Right to Review Product with the Consultant
Unrestricted
E. Specify the Electronic Deliverables to Be Provided to the Agency
GIS files showing existing utilities.
Word files with contract and division I special provisions
F. Specify What Agency Furnished Services and Information Is to Be Provided
GIS files showing existing utilities.
Word files with contract and division I special provisions
Agreement Number: C080-22
Exhibit C - Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 0313012021 Page 2 of 4
DocuSign Envelope ID: 120BD580-5D11-449B-B21E-E25BC659E08C
IL Any Other Electronic Files to Be Provided
None
III. Methods to Electronically Exchange Data
Skillings, Inc. FTP Site, Flash Drive, Email (if under 10mb).
Agreement No. C080-22
Exhibit C - Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 0313012021 Page 3 of 4
DocuSign Envelope ID: 120BD580-5D11-449B-B21E-E25BC659E08C
A. Agency Software Suite
N/A
B. Electronic Messaging System
N/A
C. File Transfers Format
Native File Format
Agreement No. C080-22
Exhibit C - Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 0313012021 Page 4 of 4
DocuSign Envelope ID: 120BD580-5D11-449B-B21E-E25BC659E08C
Exhibit D
See Attached Prime Consultant Computations
Prime Consultant Cost Computations
Agreement Number: C080-22
Exhibit D - Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 0313012021 Page 1 of 1
DocuSign Envelope ID: 120BD580-5D11-449B-B21E-E25BC659E08C
EXHIBIT D-1
CONSULTANT COST COMPUTATION — MAN-HOURS
PROJECT NO. 22001
CITY OF PORT ORCHARD
70
c
D
BAY STREET PEDESTRIAN PATHWAY
O
Z
O
-^
--1
z
v
SEGMENTS 6 TO 11
n
z 0
z
n
T
n
Z M
z
v+
n
MR
z
O
M
y
z
z
y
D
m
M
7Oo
TASK #
TASK DESCRIPTION
10
PROJECT MANAGEMENT
1
Develop a Project Schedule.
4
Schedule, prepare for, and take part in bi-weekly
2
telephone or Teams Meeting conference calls with
26
26
13
Client.
3
Provide quality control and in-house coordination.
32
Prepare monthly billings with progress reports and
4
include monthly Earned Value Reports.
8
20
20
REVIEW AND UPDATE 90% PS&E
Review previously completed 90% plan sheet and
1
design CAD files, update to Skillings standards.
4
20
32
2
Prepare preliminary stormwater drainage report:
Determine project limits and assess threshold
a
discharge areas (TDAs).
8
b
Determine area totals for existing pervious, and
8
impervious areas, new and replaced surfaces.
Assess applicability of overall Minimum
c
Requirements and individual thresholds for LID,
24
water quality, and flow control;
3
Update plan sheets with new Right -of -Way Plans.
4
8
Review completed and in -progress permits,
4
determine additional permits (if any) are required.
1
1
5
Review trail design for Segments #6 to #11.
12
32
32
6
Provide utility coordination:
a
Contact utility companies.
4
b
Attend up to five (5) utility coordination meetings.
10
Skillings, Inc.
Page 1 of 6
Project No. 22001
City of Port Orchard
Bay Street Pedestrian Pathway Segments 6 to 11
DocuSign Envelope ID: 120BD580-5D11-449B-B21E-E25BC659E08C
EXHIBIT D-1
CONSULTANT COST COMPUTATION - MAN-HOURS
PROJECT NO. 22001
CITY OF PORT ORCHARD
c
D
BAY STREET PEDESTRIAN PATHWAY
O
Z
O
-^
--1
;a70
v
SEGMENTS 6 TO 11
n
Z O
Z
n
T
n
3
z M
z
v,
n
MR
Z
O
M
y
�-
Z
z
y
D
m
M
7Oo
A
TASK #
TASK DESCRIPTION
Review relocation designs prepared by utility
c
companies and provide feedback on conflicts with
2
4
utilities.
Prepare technical memorandum documenting items
7
reviewed and a summary of deficiencies.
8
24
Provide internal QA and QC and project
8
coordination.
4
4
9
Submit technical memorandum to City for review.
1
30
100% PS&E
Phone conference with City to discuss comments
1
from the Technical Memorandum.
2
2
2
Incorporate City comments, prepare comment
2
12
16
16
response matrix.
3
Prepare final stormwater drainage report:
Update stormwater drainage report to include
a
changes made for the 100% PS&E.
8
16
b
Prepare SWPPP.
2
24
Prepare 100% level of plans consisting of the
4
following sheets:
a
Cover Sheet with Vicinity Map and Index.
1
4
4
b
Construction Notes, Legend, Abbreviations.
1
2
4
c
Key Map.
2
2
d
Horizontal Control Plan.
1
2
4
8
Existing Conditions, Demolition, and TESC Plan &
e
Details.
6
16
20
f
Trail Plan and Profile.
6
24
24
g
Trail Sections.
6
24
24
h
Trail Notes and Details.
2
24
16
Skillings, Inc.
Page 2 of 6
Project No. 22001
City of Port Orchard
Bay Street Pedestrian Pathway Segments 6 to 11
DocuSign Envelope ID: 120BD580-5D11-449B-B21E-E25BC659E08C
EXHIBIT D-1
CONSULTANT COST COMPUTATION — MAN-HOURS
PROJECT NO. 22001
CITY OF PORT ORCHARD
70
c
D
BAY STREET PEDESTRIAN PATHWAY
O
Z
O
-^
--1
z
v
SEGMENTS 6 TO 11
n
z 0
G1 7o
z
0
n
T
n
_<
z
Z
z
v+
n
MR
z
O
M
y
�-
z
z
y
D
m
M
7Oo
TASK #
TASK DESCRIPTION
i
Storm Drainage Plan and Profile.
6
24
20
j
Structural Plans, Sections, and Details.
4
4
8
k
Lighting Plan.
6
24
24
1
Lighting Details.
2
8
12
m
Signing Plan.
2
16
8
n
Signing Specifications.
2
4
12
o
Signing Details.
1
8
8
p
Pavement Marking Plan.
1
4
8
q
Pavement Marking Details.
4
4
r
Landscaping Plans.
1 2
8
1
12
s
Temporary Traffic Control Plan.
6
16
20
5
Prepare Quantities Notebook.
4
16
Prepare 100% Engineer's Estimate of Probable Costs
6
2
4
16
to Construct.
7
Prepare Contract Bid Package:
a
Front end documents.
2
8
b
WSDOT PSE Checklist GSPs and fill-ins.
4
8
c
Special Provisions.
8
24
d
Required Federal -aid documents.
1
2
e
State prevailing wage documents.
1
2
Submit package to City for review and approval as
8
necessary:
a
100% PS&E.
1
4
4
b
Issued permits and Environmental Commitments
1
4
9
Review City comments on 100% PS&E.
2
2
2
Incorporate 100% PS&E comments to prepare
10
Complete Bid Package, prepare comment response
16
40
40
matrix.
Skillings, Inc.
Page 3 of 6
Project No. 22001
City of Port Orchard
Bay Street Pedestrian Pathway Segments 6 to 11
DocuSign Envelope ID: 120BD580-5D11-449B-B21E-E25BC659E08C
EXHIBIT D-1
CONSULTANT COST COMPUTATION — MAN-HOURS
PROJECT NO. 22001
CITY OF PORT ORCHARD
70
c
D
BAY STREET PEDESTRIAN PATHWAY
O
Z
O
-^
--1
z
v
SEGMENTS 6 TO 11
n
z 0
z
n
T
n
Z M
z
v+
n
z
O
y
�-
z
z
y
D
m
M
7Oo
A
TASK #
TASK DESCRIPTION
Provide internal CIA and QC and project
11
coordination.
8
8
12
Submit Complete Bid Package to City.
2
40
AQUATIC PERMITTING
1
Prepare JARPA form.
1
40
2
Prepare JARPA Exhibit in USACE format.
1
12
40
3
Prepare Habitat Conservation Calculator
2
24
4
Coordination with GE.
8
1
8
50
GEOTECHNICAL INVESTIGATION
1
Provide subconsultant management
4
2
Conduct field exploration.
Determine weight bearing capacity at each boring
3
location.
4
Prepare draft geotechnical report.
5
Prepare final geotechnical report.
60
BID SUPPORT SERVICES
Consultant will provide assistance through bidding
1
and award. This work is expected to include:
a
Responding to bidder's questions.
2
8
b
Prepare up to two (2) addenda.
1
8
c
Attend Bid Opening.
2
2
d
Review Bid Tabulation.
2
HOURS PER DISCIPLINE
112
210
560
12
64
398
16
20
Skillings, Inc.
Page 4 of 6
Project No. 22001
City of Port Orchard
Bay Street Pedestrian Pathway Segments 6 to 11
DocuSign Envelope ID: 120BD580-5D11-4496-1321E-E25BC659E08C
EXHIBIT D-2
CONSULTANT COST COMPUTATION — SUMMARY
NEGOTIATED HOURLY RATE (NHR):
Classification
Man Hours X
Rate =
Cost
PROJECT MANAGER
112 x
$254.00 =
$28,448.00
SENIOR PROJECT ENGINEER
210 X
$228.00 =
$47,880.00
ENGINEER
560 x
$151.00 =
$84,560.00
PROJECT SCIENTIST
12 X
$124.00 =
$1,488.00
STAFF SCIENTIST
64 X
$91.00 =
$5,824.00
TECHNICIAN
398 X
$145.00 =
$57,710.00
SURVEY MANAGER
16 X
$202.00 =
$3,232.00
PROJECT ADMINISTRATOR
20 x
$155.00 =
$3,100.00
Total Hours =
1392
Total NHR =
$232,242.00
REIMBURSABLES:
Mileage
800 X
$0.625 =
$500.00
Miscellaneous Expenses
$1,200.00 X
10% _
$1,320.00
Total Expenses=
$1,820.00
SUBCONSULTANT COST (See Exhibit E):
GeoEngineers
$68,400.00 X
15% _
$78,660.00
Sargent (Structural)
$81,500.00 X
10% _
$89,650.00
Lead/Asbestos Lab (NVL)
$6,690.90 X
10% _
$7,359.99
Total Subconsultants=
$175,669.99
SUB -TOTAL (NHR + REIMBURSABLES + SUBCONSULTANTS):
Sub Total =
$409,731.99
MANAGEMENT RESERVE FUND:
SUB TOTAL =
$409,731.99 x
10% =
MRF =
$40,973.20
GRAND TOTAL
GRAND TOTAL =
$450,705
PREPARED BY:
Ian Y. Lee, PE
DATE:
11/17/2022
REVIEWED BY:
Patrick E. Skillings, PMP
DATE:
11/17/2022
Skillings, Inc. Page 5 of 6 Project No. 22001
City of Port Orchard
Bay Street Pedestrian Pathway Segments 6 to 11
DocuSign Envelope ID: 120BD580-5D11-449B-B21E-E25BC659E08C
EXHIBIT D-3
CONSULTANT COST COMPUTATION — EXPENSES
Item
Description
Basis
Quantity
Rate
Total
1
Telephone
Month
$0.00
2
Auto Rental
Each
$0.00
3
Lodging
Day
$0.00
4
Per Diem -Meal
Day
$0.00
5
Photocopies - Blk & White
Each
$0.10
$0.00
6
Photocopies - Color
Each
$0.35
$0.00
7
Half Sized Prints
Each
$0.50
$0.00
8
Full Sized Prints
Each
$6.00
$0.00
9
Postage
Month
$0.00
10
Shipping
Month
$0.00
11
FAXs
Each
$0.00
12
Miscellaneous Project Costs
Month
12
$100.00
$1,200.00
13
Miscellaneous Survey Costs
Estimated
$0.00
14
Traffic Control
Estimated
$0.00
Total Miscellaneous Expenses
$1,200.00
Mileage
Per Mile
800
0.625
$500.00
Total Expenses
$1,700.00
Assumptions
1
Telephone
Estimated
2
Auto Rental
Estimated trips
3
Mileage
Estimated miles
4
Lodging
5
Per Diem -Meal
6
Photocopies - Blk & White
Estimated
7
Photocopies - Colored
Estimated
8
Half Sized Prints
9
Full Sized Prints
10
Postage
Estimated
11
Shipping
Estimated
12
FAXs
Estimated
13
Miscellaneous Project Costs
Estimated
14
Miscellaneous Survey Costs
Estimated
15
Purchase Order
Estimated
Prepared by: Ian Lee, PE
November 15, 2022
Skillings, Inc. Page 6 of 6 Project No. 22001
City of Port Orchard
Bay Street Pedestrian Pathway Segments 6 to 11
DocuSign Envelope ID: 120BD580-5D11-449B-B21E-E25BC659E08C
Exhibit E
Sub -consultant Cost Computations
Subconsultant participation is approved for the following disciplines.
Sargent Engineers, Inc. - Structural Engineering Services
NVL Laboratories - Good Faith Asbestos and Lead Paint Inspection
GeoEngineers, Inc. - Geotechnical Engineering Services
Agreement Number: C080-22
Exhibit E - Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 0313012021 Page 1 of 1
DocuSign Envelope ID: 120BD580-5D11-44913-1321E-E25BC659E08C EXHIBIT E-1
SARGENT
Sargent Engineers, Inc.
320 Ronlee Lane NW
Olympia, Washington 98502
Tel 360 867-9284
Fax 360 867-9318
www.sargentengineers.com
November 10, 2022
Mr. Patrick Skillings, PMP
Skillings, Inc.
Via Email to: pskillings@skillings.com
RE: Port Orchard — Bay Street Sections 6-11 Completion
Structural Engineering Services Proposal
Project No.: A22100.00
Dear Patrick:
On behalf of Sargent Engineers, I am pleased to present to you our proposal for providing structural engineering services for
the completion of the Bay Street Pedestrian Enhancement Project that Skillings is designing for the City of Port Orchard. As
part of the improvements, the City has asked that we finalize the current 90% plans for Sections 6 through 11 of the project.
These sections include a Cantilever Sidewalk and Foundation Section, a Cantilever Extension at Existing Seawall Section, a
Deck Replacement (at existing structure) Section, a Culvert Area Deck Section, and various cantilever concrete retaining
walls. Sargent will perform one site visit to familiarize ourselves with the project, observe the existing conditions, and compare
those to the current structural plans. Sargent will develop structural calculations and make modifications as we deem
necessary to the current structural plans (Sheets S0.1, S3.0, S3.1, S4.0, S4.1, S5.0, S5.1, S6.0, S6.1, S7.0, and S7.1).
We will perform the structural design per the requirements of the project geotechnical report, and either the 2018 International
Building Code or the AASHTO LRFD Specification for Bridge Design and the WSDOT Bridge Design Manual. We will prepare
the 95% documents for the above listed items including a maximum of three different CIP concrete cantilever retaining walls.
Once comments are provided on this set, we will provide stamped Construction Documents. We will also prepare the
quantities, cost estimate, and technical special provisions for the structural items in WSDOT format. Lastly, we will provide
limited construction phase services to include responding to RFIs and reviewing submittals for the structural elements we have
designed.
To complete the scope of work described above, I propose a maximum fee of $81,500 to be billed at our approved hourly
rates.
If the scope and fee are acceptable, we can begin working on the design as soon as we receive the geotechnical information
along with an agreement from Skillings. Thank you for this opportunity to be of assistance to you, and we look forward to
another successful project working with Skillings.
Respectfully,
Sargent Engineers, Inc.
Erik Martin, PE, SE
Principal
ECM/end.
B:\22Files\Proposals\Skillings - Port Orchard Bay Street\Prop-PO Bay Street.doc
DocuSign Envelope ID: 120BD580-5D1 1-449B-B21 E-E25BC659EO8C
SARGENT
Mr. Skillings
Page 2
November 10, 2022
Port Orchard - Bay Street
Structural Engineering Services Proposal
Senior
Project Project Design
Principal Engineer Engineer Engineer Task Cost
Rate: $215.00 $170.00 $155.00 $115.00
Structural Engineering Assistance
1.
Project Coordination
24
$5,160
2.
Site Visit (one visit)
8
8
8
$4,000
2.
Cantilever Sidewalk and Foundation Design
12
24
$4,800
3.
Cantilever Sidewalk and Foundation Detailing
16
32
$6,400
4.
Cantilever Seawall Design
12
24
$4,800
5.
Cantilever Seawall Detailing
16
32
$6,400
6.
Deck Replacement Design
12
24
$4,800
7.
Deck Replacement Detailing
12
24
$4,800
8.
Culvert Area Deck Design
12
24
$4,800
9.
Culvert Area Deck Detailing
12
24
$4,800
10.
11.
Cantilever Retaining Wall Design
Cantilever Retaining Wall Detailing
12
12
24
24
$4,800
$4,800
12.
13.
Cost Estimate & Technical GSP's
Review Comments & Minor Revisions
4
4
12
8
24
16
$5,660
$4,060
14.
Minor Construction Phase Assistance
12
24
40
$11,260
Subtotal
Direct Costs
Mileage
Subconsultants
52
$87.50
$0.00
180
0 344
$81,340
$88
$0
$88
Total for Structural Engineering Assistance $81,428
DocuSign Envelope ID: 120BD580-5D11-4496-1321E-E25BC659E08C
EXHIBIT E-2
November 16, 2022
Mr. Patrick Skillings
Vice President
Skillings, Inc.
5016 Lacey Blvd SE
Lacey, WA 98503
NIfL
INDUSTRIAL HYGIENE SERVICES
LABORATURY t MANAGEMENT + TRAINING
Subject: Good Faith Asbestos and Lead Paint Inspection @ 1693/1699/1763/1777 Bay St, Port
Orchard, WA 98366
NVL PROJECT # TBD
Dear Mr. Skillings,
NVL Labs is pleased to present this proposal for good faith asbestos and lead paint inspection
prior to the impending demolition of the subject four single family homes.
NVL Labs is a leading Environmental Consulting Firm and EPA/AIHA Certified Laboratory in the
Pacific Northwest for the last 27 years. Our team consists of experienced industrial hygienists,
AHERA Building Inspectors, AHERA Project designer, WA / DOC Lead Inspectors and Risk
Assessors, who are well versed with our client's project needs and regulatory requirements of the
region. We take pride in providing environmental solutions to our client's project demands, from
start to successful completion.
The inspection will include identification of suspect asbestos containing materials and lead paint
only which will include limited destructive sampling to access suspect materials and no soft/limited
demolition will be performed onsite.
This inspection will serve as a pre-demolition/renovation compliance requirements as below
Asbestos
Washington Administrative Code (WAC) 296-62-07721 (b), WAC 296-155-755(9), "Good
Faith Inspection".
Puget Sound Clean Air Agency (PSCAA), Regulation III, Article 4
Lead
• Washington Administrative Code (WAC) 296-155-176 "Lead in Construction Standard."
This standard applies to all construction work where employees may be occupationally
exposed to Lead (Pb).
Phone: 206 547.0100 1 Fax: 206 634.1936 I Toll Free: 1.888.NVL.LABS (685.5227)
A708 Aurora Avenue North I Seattle, WA 98103-6516
DocuSign Envelope ID: 120BD580-5D11-449B-B21E-E25BC659E08C
NVL
The property owner or owner's agent must have an AHERA-certified building inspector survey the
property, using random sampling procedures contained in 40 CFR 763.86, for asbestos and
communicate the results to you, and to anyone who may come in contact with the material. A copy
of the survey has to be placed at the job site for the duration of the project.
SCOPE OF WORK
Inspection and Laboratory Analysis
• Conduct good faith asbestos and lead paint inspection of four properties.
• Collect samples of suspect asbestos containing materials, as per 40 CFR 763.86
• Collect representative samples of painted components as per WAC 296-155-176.
• NVL Labs will not replace/repair surfaces/building components damaged during the
inspection.
• Samples analyzed in a NVLAP accredited laboratory as specified by EPA
• Identify and quantify Asbestos Containing Material (ACM) for abatement bid specs
• Identify lead paint components.
• Provide final inspection report (1 report per property - electronically as pdf) to include
documentation, pictures and discussion of the findings within 3-4 days after the completion
of site inspection
• No hard copy will be mailed to the client. Additional hard copies if requested would be
charged at $40.00/copy.
COST ESTIMATE:
AHERA/Lead Building Inspector (Site Inspection, Report) $4850.00 (fixed)
*Bulk sample analysis for asbestos PLM analysis 80-90 samples @ $15.00/sample
Paint chip sample analysis by FAA 12-15 samples @ $25.00/sample
Mileage 50 miles/trip @ $0.625/mile
Ferry
Estimated cost
Estimated cost/property
$26.70/trip or as incurred
$6690.90 (quote valid for 30 days)
$1672.73
This estimate is based upon your project information and understanding of your project needs.
Client will be billed for fixed inspection/report cost and actual number of samples analyzed by the
laboratory.
We plan to utilize 2 inspectors to complete the site survey in 1 business day.
All samples would be analyzed on a 72 hours turn -around -time. Access to the building will be
arranged by the client and/or client will escort Environmental Technician to the building.
Any additional accrued Technician time/mileage to complete the inspection per agreed upon
schedule, due to delays not attributed to NVL Laboratories actions will be invoiced to the client, at
the rates below.
AHERA Building Inspector @ $115.00/hour
Mileage 50 miles @ $0.625/mile
Cancellations within 48 hours of scheduled site work $950.00 (fixed)
NVL PROJECT # TBD
DocuSign Envelope ID: 120BD580-5D11-449B-B21E-E25BC659E08C
EXHIBIT E-3
GEOENGINEERS SCOPE OF SERVICES, CITY OF PORT ORCHARD MOSQUITO FLEET TRAIL
IMPROVEMENTS. GEI PROJECT NO. 12309-023-00. NOVEMBER 17, 2022
Our proposed scope of services includes providing geotechnical explorations and design services and
natural resources and environmental permitting assistance to Skillings for segments 6 through 11 of the
previously named Mosquito Fleet Trail. We have coordinated and planned our subsurface explorations and
design efforts expected in general accordance with project plan set "City of Port Orchard Pedestrian
Enhancement Project Mosquito Fleet Trail prepared by N.L. Olson & Associates, Inc. and dated September
12, 2012. We include a general fee estimate in Table 1 below as an overview. We understand this will be
contracted as a LAG agreement. We will provide documentation to support our estimate below in
accordance with the LAG format. This fee may be subject to additional negotiation and/or modifications.
We have split our project into two phases. Our scope of services include:
■ Phase 1 - Geotechnical Subsurface Investigations, Engineering, and Reporting
■ Phase 2 - Natural Resources Consultation, Permitting, and Reporting
Our specific scope of services will consist of the following:
Phase 1 - Geotechnical Subsurface Investigation, Analyses and Reporting
Task 100. Subsurface Explorations and Field Effort
1. Complete a site visit to mark our exploration locations in preparation for utility locate and development
of traffic control plans. We will locate borings to reduce conflicts with overhead and underground
utilities and traffic disturbance. We will contact the "One -Call Underground Utility Locate Service"
(required by law) prior to beginning explorations.
2. Subcontract a registered traffic control plan designer to develop traffic control plans for the exploration
locations. Traffic control plans will be submitted to the City of Port Orchard as part of the right-of-way
permit application. We anticipate that the permit fee will be waived or reimbursed by the City of Port
Orchard. There may be an opportunity to reduce or eliminate these efforts, should the City of Port
Orchard be able to coordinate street closures and other traffic elements. We expect that some of our
fee would be reduced if we were to eliminate or reduce these efforts. We are open for discussion on
this aspect of our work to best accommodate budget and time.
3. Explore subsurface conditions by advancing up to 10 borings at locations along the proposed pathway
alignment. Borings will be completed using drilling equipment under subcontract to GeoEngineers. We
anticipate individual boring depths will likely on the order of 10 to 20 feet below existing ground surface
(bgs). We have budgeted for about 200 total lineal feet of drilling, and we anticipate the borings can
be completed within three normal working days.
4. Exploration sample review and laboratory test selection. We will conduct geotechnical laboratory tests
on selected soil samples obtained from our explorations. Our laboratory testing program will likely
consist of moisture content determination, grain -size analyses and possibly Atterberg Limit
determination.
DocuSign Envelope ID: 120BD580-5D11-449B-B21E-E25BC659E08C
Task 200. Engineering Analyses and Reporting
1. Provide a discussion of the surface and subsurface conditions encountered, including a discussion on
groundwater.
2. Provide geotechnical seismic design criteria based on the 2018 International Building Code (IBC)
guidelines, including site class. We will also provide our opinion on the risk of liquefaction, lateral
spreading and surface fault rupture occurring at the site. If liquefiable soils are present at the site, we
will provide general discussion on mitigation options for the project; however, additional explorations
and analyses could be required.
3. Provide recommendations for site preparation and earthwork. We will discuss clearing and stripping,
temporary and permanent cut slopes, suitability of on -site soils for use as structural fill, specifications
for imported soil for use as structural fill, wet weather considerations for earthwork and fill placement
and compaction requirements.
4. Provide recommendations for site drainage and control of groundwater that may be encountered.
5. Provide recommendations for design of shallow foundations and bearing or structure footing design.
We will include: bearing surface preparation; removal of uncontrolled fill, soft, organic or otherwise
unsuitable material; backfill compaction and drainage recommendations. We will include
recommendations for allowable bearing capacity, estimates of settlement (total and differential) and
lateral resistance.
6. Provide recommendations for design of helical pile and small pipe pile (i.e., pin pile) foundations. We
will provide recommendations for axial loading conditions including allowable downward capacity,
allowable uplift capacity and construction considerations. We have assumed that lateral capacity is not
necessary at this time.
7. Provide recommendations for design of conventional retaining wall structures, including footing
recommendations, estimated lateral earth pressures (seismic, active and passive), and drainage
requirements. We will also recommend backfill material types and compaction requirements.
8. Provide recommendations for asphalt concrete pavement (ACP) section, including subgrade
preparation, based on our experience and typical practice in this area.
9. Prepare a draft and a final geotechnical report presenting our findings, conclusions and
recommendations. Our report will include a project site plan showing approximate locations of
explorations, summary logs of the explorations, geotechnical laboratory test results and appropriate
figures. Our final report will consist of mutually agreed upon changes to the draft.
10. Attend meetings/correspond with the project team to discuss our geotechnical findings. We have
allocated up to 5 hours of Associate and Project Engineer time for this task.
Phase 2 - Natural Resources and Permitting Support Services
Task 300. Meetings and Application Consistency Review
1. Provide a "consistency review(s)" of project plans and permit applications as related to the most recent
NEPA update (2020) for the project. We will provide comments either within documents prepared for
the project permits or in a summary email. We will attend up to 6 meetings including internal team
meetings and 2 agency meetings and respond to permit questions by phone or email.
DocuSign Envelope ID: 120BD580-5D11-449B-B21E-E25BC659E08C
Assumptions
The scope of services provided above includes the following assumptions:
1. GeoEngineers will not be liable for damage to underground utilities not marked during the utility locating
process.
a. For borings in developed areas, a private utility locator will be subcontracted, who will attempt
to locate conductible underground utilities in the vicinity of our explorations which may not have
been identified by the "One -Call" process.
b. For borings in public areas, we will review available project plans and coordinate with public
locator personnel regarding utility locations and other possible conflicts.
2. We anticipate that preparation of a street use permit and implementation of traffic control will be
required to complete our borings. We have assumed that the permit fee will be waived or reimbursed
by the City of Port Orchard.
3. We anticipate our borings can be completed within three normal working days. We assume work can
be completed during the normal work week without the need for evening or weekend work.
4. Although we will take measures to limit disturbance, some signs of disturbance will remain after
completion of our explorations. We expect that borings will be advanced in existing pavement areas.
Borings will be backfilled per Washington State Department of Ecology regulations and surfaced with
fast -setting concrete. We have not budgeted for repair of landscaping or reseeding.
5. We have not included installation of wells as part of our exploration program.
6. Soil cuttings generated from drilling will be temporarily stored in steel drums and hauled off site for
disposal by the driller. We have assumed that drill cuttings will not be contaminated and can be
disposed of at a standard landfill. If contamination is observed or discovered, we will leave the drums
on or near the site and discuss next steps.
7. If project plans change significantly after our explorations are completed, additional explorations not
included in this proposal may be warranted to confirm that our interpretations and recommendations
are appropriate.
8. We assume that a NEPA update is not needed prior to completion of the project permitting.
9. We assume we will provide reviews and comments, but will not be producing permit documentation for
the project.
10. We assume no fieldwork is needed for the permit support.
11. We assume the City will provide readily available past documentation that has been prepared for the
project.
DocuSign Envelope ID: 120BD580-5D11-449B-B21E-E25BC659E08C
TABLE 1. GENERAL OVERVIEW OF FEE ESTIMATE
Description of Services
Phase 1 - Geotechnical Subsurface Investigation, Analyses and Reporting
Task 100. Subsurface Explorations and Field Effort
Document Review, Field Safety Preparation, Subcontractor/Field Coordination,
Permit Application and Project Management
Field Work, Including: "One -Call" locate mark and 3 working days of drilling, travel
and equipment, Sample Review and Log Preparation
Subcontracted Drill Equipment and Operators for 3 working days
Subcontracted Traffic Control Services, Including: Traffic control plan preparation
and flagging services for 3 working days
Subcontracted Private Utility Locate
Estimated Subtotal for Task 100
Task 200. Engineering Analyses and Reporting
Geotechnical Laboratory Testing
Engineering Analysis and Design Recommendations
Geotechnical Report Preparation (Draft and Final)
Attend Project Meetings
Estimated Subtotal for Task 200
Estimated Total for Phase 1
Phase 2 - Natural Resources and Permitting Support Services
Meetings and JARPA/NEPA consistency Review
Estimated Total for Phase 2
Estimated Total Project Budget
Estimated Fee
$5,700
$9,800
$15, 800
$5,650
$500
$37,450
$2,600
$ 7,800
$7,900
$2,650
$20, 950
$58,400
$10, 000
$10,000
$68,400
DocuSign Envelope ID: 120BD580-5D11-449B-B21E-E25BC659E08C
NVL
*Samples are collected per AHERA/PSCAA guidelines for asbestos surveys. For list of
suspect building materials which needs to be sampled in a survey are listed here
http://Pscleanair.org/regulated/asbestos/66-149%2OAsbestos%2OSurvey%20Guidance.pdf
SCHEDULING
NVL Labs will be pleased to schedule this work upon receipt of both a signed authorization and
standard terms and conditions, which are included as a part of this proposal.
LIMITATIONS
As hazardous materials investigations are intrinsically non -comprehensive, NVL Laboratories, Inc.
cannot be held liable for materials which are hidden from sight, materials which cannot be found
due to their obscure nature, or which otherwise cannot be discovered with reasonable diligence.
These services were requested by Mr. Patrick Skillings of Skillings Inc, who understands and
agrees to the limitations herein listed. Moreover, the client/property owner agrees to hold
harmless, defend, and indemnify NVL Laboratories for any damages, liabilities, or other
circumstances as set forth in the attached Terms and Conditions. Signature of this document
confirms that persons/corporations acting on the behalf of property owners have informed said
owners of the above scope of services and confirmed their permission to proceed.
We appreciate the opportunity to offer our assistance. Please do not hesitate to contact us with
any questions.
Sincerely,
NVL Laboratories, Inc.
Syed Hasan
Manager Field Services
Enc.: Terms & Conditions
"2110TOYMBI
SIGNATURE
(Print Name and Title)
(Company)
(Date)
NVL PROJECT # TBD
DocuSign Envelope ID: 120BD580-5D1 1-449B-B21 E-E25BC659EO8C
Exhibit F - Title VI Assurances Appendix A & E
APPENDIX A
During 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 of
Transportation, (Title of Modal Operating Administration), as they may be amended from time to time, which
are 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 not
discriminate 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 or
indirectly 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 or
supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and
the Regulations relative to Non-discrimination on the grounds of race, color, or national origin. [Include
Modal Operating Administration specific program requirements.]
4. Information and Reports: The contractor will provide all information and reports required by the Acts, the
Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other
sources 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- discrimination
provisions of this contract, the Recipient will impose such contract sanctions as it or the (Title of Modal
Operating 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/or
b. 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. In
addition, the contractor may request the United States to enter into the litigation to protect the interests of the
United States.
Local Agency Professional Services Negotiated Agreement Number C080-22
Hourly Rate Consultant Agreement Revised 0313012021
DocuSign Envelope ID: 120BD580-5D1 1-449B-B21 E-E25BC659EO8C
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), (prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §
4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of
Federal or Federal -aid programs and projects);
• Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of
sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CFR Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination
on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits
discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or
activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and
contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of
disability in the operation of public entities, public and private transportation systems, places of public
accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by
Department of Transportation regulations at 49 C.F.R. parts 37 and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and
Low -Income Populations, which ensures discrimination against minority populations by discouraging
programs, policies, and activities with disproportionately high and adverse human health or
environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency,
and resulting agency guidance, national origin discrimination includes discrimination because of limited
English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to
ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating
because of sex in education programs or activities (20 U.S.C. 1681 et seq).
Local Agency Professional Services Negotiated Agreement Number C080-22
Hourly Rate Consultant Agreement Revised 0313012021
DocuSign Envelope ID: 120BD580-5D11-449B-B21E-E25BC659E08C
Exhibit G
Certification Documents
Exhibit G-1(a) Certification of Consultant
Exhibit G-1(b) Certification of City of Port Orchard
Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters -
Primary Covered Transactions
Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
Exhibit G-4 Certificate of Current Cost or Pricing Data
Agreement Number: C080-22
Exhibit G - Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 0313012021 Page 1 of 1
DocuSign Envelope ID: 120BD580-5D1 1-449B-B21 E-E25BC659EO8C
Exhibit G-1(a) Certification of Consultant
I hereby certify that I am the and duly authorized representative of the firm of Skillings, Inc.
whose address is 5016 Lacey Blvd. SE, Lacey, WA 98503
and that neither the above firm nor I have:
a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration,
any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT)
to solicit or secure this AGREEMENT;
b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of
any firm or person in connection with carrying out this AGREEMENT; or
c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely
for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in
connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any);
I acknowledge that this certificate is to be furnished to the
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.
Skillings, Inc.
Consultant (Firm Name)
Signature (Authorized Officia u tant)
Date
11 /17/2022
Agreement Number: C080-22
Exhibit G - Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 0313012021 Page 1 of 1
DocuSign Envelope ID: 120BD580-5D11-449B-B21E-E25BC659E08C
Exhibit G-1(b) Certification of
I hereby certify that I am the:
❑✓ Robert Putaansuu, Mayor of the City of Port Orchard
❑ Other
of the City of Port Orchard , and Skillings, Inc.
or its representative has not been required, directly or indirectly as an express or implied condition in connection
with obtaining or carrying out this AGREEMENT to:
a) Employ or retain, or agree to employ to retain, any firm or person; or
b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration
of any kind; except as hereby expressly stated (if any):
I acknowledge that this certificate is to be furnished to the
and the Federal Highway Administration, U.S. Department of Transportation, in connection with this
AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and
Federal laws, both criminal and civil.
:�F� ��;Z
Signature
Date
11 /17/2022
Agreement Number: C080-22
Exhibit G - Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 0313012021 Page 1 of 1
DocuSign Envelope ID: 120BD580-5D11-449B-B21E-E25BC659E08C
Exhibit G-2 Certification Regarding Debarment, Suspension and Other
Responsibility Matters - Primary Covered Transactions
I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals:
A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
B. Have not within a three (3) year period preceding this proposal been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under
a public transaction; violation of Federal or State anti-trust statues or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving
stolen property;
C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b)
of this certification; and
D. Have not within a three (3) year period preceding this application / proposal had one or more public
transactions (Federal, State and local) terminated for cause or default.
II. Where the prospective primary participant is unable to certify to any of the statements in this certification,
such prospective participant shall attach an explanation to this proposal.
Skillings, Inc.
Consultant (Firm Name)
Signature (Authorized Official f C ant)
Date
11 /17/2022
Agreement Number: C080-22
Exhibit G - Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 0313012021 Page 1 of 1
DocuSign Envelope ID: 120BD580-5D11-449B-B21E-E25BC659EO8C
Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds
for Lobbying
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any Federal agency, a Member
of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative AGREEMENT, and the extension, continuation, renewal, amendment,
or modification of Federal contract, grant, loan or cooperative AGREEMENT.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete and submit
Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into
this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000.00, and not more than $100,000.00,
for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require
that the language of this certification be included in all lower tier sub -contracts, which exceed $100,000,
and that all such sub -recipients shall certify and disclose accordingly.
Skillings, Inc.
Consultant (Firm Name)
11 /17/2022
Signature (Authorized Offi onsultant) Date
Agreement Number: CO8O-22
Exhibit G - Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 0313012021 Page 1 of 1
DocuSign Envelope ID: 120BD580-5D1 1-449B-B21 E-E25BC659EO8C
Exhibit G-4 Certificate of Current Cost or Pricing Data
This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section
2.101 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted,
either actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer's
representative in support of C-080-22 * are accurate, complete, and current
as of November 9, 2022.
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: Skillings, Inc.
- q :Ci�:: �- k 5 � -
Signature
Date of Execution***:
Vice President
Title
*Identify the proposal, quotation, request for pricing adjustment, or other submission involved, giving the appropriate identifying number (e.g. project title.)
**Insert the day, month, and year, when price negotiations were concluded and price AGREEMENT was reached.
***Insert the day, month, and year, of signing, which should be as close as practicable to the date when the price negotiations were concluded and the
contract price was agreed to.
Agreement Number: C080-22
Exhibit G - Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 0313012021 Page 1 of 1
DocuSign Envelope ID: 120BD580-5D1 1-449B-B21 E-E25BC659EO8C
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.
Agreement Number: C080-22
Exhibit H - Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 0313012021 Page 1 of 1
DocuSign Envelope ID: 120BD580-5D11-449B-B21E-E25BC659EO8C
Exhibit I
Alleged Consultant Design Error Procedures
The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a
nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution
and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage
due to the alleged error by the consultant.
Step 1 Potential Consultant Design Error(s) is Identified by Agency's Project Manager
At the first indication of potential consultant design error(s), the first step in the process is for the Agency's
project manager to notify the Director of Public Works or Agency Engineer regarding the potential design
error(s). For federally funded projects, the Region Local Programs Engineer should be informed and
involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an
agency staff person other than the project manager, who has not been as directly involved in the project,
to be responsible for the remaining steps in these procedures.)
Step 2 Project Manager Documents the Alleged Consultant Design Error(s)
After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the
Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed
documentation than is normally required on the project. Examples include: all decisions and descriptions
of work; photographs, records of labor, materials and equipment.
Step 3 Contact the Consultant Regarding the Alleged Design Error(s)
If it is determined that there is a need to proceed further, the next step in the process is for the project
manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged
error(s). The project manager and other appropriate agency staff should represent the agency and the
consultant should be represented by their project manager and any personnel (including sub -consultants)
deemed appropriate for the alleged design error(s) issue.
Step 4 Attempt to Resolve Alleged Design Error with Consultant
After the meeting(s) with the consultant have been completed regarding the consultant's alleged design
error(s), there are three possible scenarios:
• It is determined via mutual agreement that there is not a consultant design error(s). If this is the case,
then the process will not proceed beyond this point.
It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case,
then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement
with the consultant. The settlement would be paid to the agency or the amount would be reduced from
the consultant's agreement with the agency for the services on the project in which the design error
took place. The agency is to provide LP, through the Region Local Programs Engineer, a summary
of the settlement for review and to make adjustments, if any, as to how the settlement affects federal
reimbursements. No further action is required.
• There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may
request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency
Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal
counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5.
Agreement Number: C080-22
Exhibit I - Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 0313012021 Page 1 of 2
DocuSign Envelope ID: 120BD580-5D11-449B-B21E-E25BC659E08C
Step 5 Forward Documents to Local Programs
For federally funded projects all available information, including costs, should be forwarded through the
Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet
with representatives of the agency and the consultant to review the alleged design error(s), and attempt
to find a resolution to the issue. If necessary, LP will request assistance from the Attorney General's Office
for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of project costs
for federal reimbursement.
• If mutual agreement is reached, the agency and consultant adjust the scope of work and costs
to reflect the agreed upon resolution. LP, in consultation with FHWA, will identify the amount
of federal participation in the agreed upon resolution of the issue.
• If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration
or by litigation.
Agreement Number: C080-22
Exhibit I - Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 0313012021 Page 2 of 2
DocuSign Envelope ID: 120BD580-5D11-449B-B21E-E25BC659EO8C
Exhibit J
Consultant Claim Procedures
The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following
procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total
of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the
Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s)
that total $1,000 or less.
This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential
claim by the consultant.
Step 1 Consultant Files a Claim with the Agency Project Manager
If the consultant determines that they were requested to perform additional services that were outside
of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed
is the request for consideration of the claim to the Agency's project manager.
The consultant's claim must outline the following:
• Summation of hours by classification for each firm that is included in the claim;
• Any correspondence that directed the consultant to perform the additional work;
• Timeframe of the additional work that was outside of the project scope;
• Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with
the additional work; and
• Explanation as to why the consultant believes the additional work was outside of the agreement
scope of work.
Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation
After the consultant has completed step 1, the next step in the process is to forward the request to the
Agency's project manager. The project manager will review the consultant's claim and will met with the
Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the
FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's
recommendation for federal participation in the claim to the WSDOT Local Programs through the Region
Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from
agency funds.
If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs
(if applicable), and FHWA (if applicable) agree with the consultant's claim, send a request memo, including
backup documentation to the consultant to either supplement the agreement, or create a new agreement
for the claim. After the request has been approved, the Agency shall write the supplement and/or new
agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for
the agreement is subject to audit. No further action in needed regarding the claim procedures.
If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures.
Agreement Number: C080-22
Exhibit J - Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 0313012021 Page 1 of 2
DocuSign Envelope ID: 120BD580-5D11-449B-B21E-E25BC659E08C
Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s)
If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary
for the Director of Public Works or Agency Engineer that included the following:
• Copy of information supplied by the consultant regarding the claim;
• Agency's summation of hours by classification for each firm that should be included in the claim;
• Any correspondence that directed the consultant to perform the additional work;
• Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated
with the additional work;
• Explanation regarding those areas in which the Agency does/does not agree with the consultant's
claim(s);
• Explanation to describe what has been instituted to preclude future consultant claim(s); and
• Recommendations to resolve the claim.
Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation
The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove
the claim, or portions thereof, which may include getting Agency Council or Commission approval (as
appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain
concurrence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the claim
is not eligible for federal participation, payment will need to be from agency funds.
Step 5 Informing Consultant of Decision Regarding the Claim
The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final
decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim(s)
and rationale utilized for the decision.
Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s)
The agency shall write the supplement and/or new agreement and pay the consultant the amount
of the claim. Inform the consultant that the final payment for the agreement is subject to audit.
Agreement Number: C080-22
Exhibit J - Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 0313012021 Page 2 of 2