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099-23 - KPFF Engineering - ContractDocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Agreement Number: Firm/Organization Legal Name (do not use dba's): KPFF, Inc. Address Federal Aid Number 1601 5th Ave, Suite 1600, Seattle WA 98101 UBI Number Federal TIN or SSN Number 578063612 91-0755897 Execution Date Completion Date 12/31 /2026 1099 Form Required Federal Participation ❑ Yes ❑ No 0 Yes ❑ No Project Title SR166/13ay Street Reconstruction Description of Work Improvements are proposed for SR166/Bay Street from Robert Geiger Street to Frederick Avenue including intersections within the City of Port Orchard. The roadway is being raised and reconstructed to address sea level rise. Street reconstruction includes new roadway pavements, sidewalks, and stormwater systems. The project improvements trigger utility replacement / relocations. The project will underground power and communications within the project limits and reconstruct the street lighting. Street and stormwater design and construction includes federally funding with local funding participation. Utility design and construction shall be locally funded. 0 Yes ❑ No DBE Participation Total Amount Authorized: $1,194,636.19 0 Yes ❑ No MBE Participation Management Reserve Fund: $112,370.40 0 Yes ❑ No WBE Participation 0 Yes ❑ No SBE Participation Maximum Amount Payable: $1,307,006.59 Index of Exhibits Exhibit A Scope of Work Exhibit B DBE Participation Exhibit C Preparation and Delivery of Electronic Engineering and Other Data Exhibit D Prime Consultant Cost Computations Exhibit E Sub -consultant Cost Computations Exhibit F Title VI Assurances Exhibit G Certification Documents Exhibit H Liability Insurance Increase Exhibit I Alleged Consultant Design Error Procedures Exhibit J Consultant Claim Procedures Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 1 of 14 Revised 0210112021 DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D THIS AGREEMENT, made and entered into as shown in the "Execution Date" box on page one (1) of this AGREEMENT, between the City of Port Orchard , hereinafter called the "AGENCY," and the "Firm / Organization Name" referenced on page one (1) of this AGREEMENT, hereinafter called the "CONSULTANT." WHEREAS, the AGENCY desires to accomplish the work referenced in "Description of Work" on page one (1) of this AGREEMENT and hereafter called the "SERVICES;" and does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary SERVICES; and WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish consulting services to the AGENCY. NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I. General Description of Work The work under this AGREEMENT shall consist of the above -described SERVICES as herein defined, and necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor, and related equipment and, if applicable, sub -consultants and subcontractors necessary to conduct and complete the SERVICES as designated elsewhere in this AGREEMENT. II. General Scope of Work The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit "A" attached hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed utilizing performance based contracting methodologies. III. General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress, and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days' notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the SERVICES in sufficient detail so that the progress of the SERVICES can easily be evaluated. The CONSULTANT, any sub -consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 2 of 14 Revised 0210112021 DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required, per 49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will be shown on Exhibit `B" attached hereto and by this reference made part of this AGREEMENT. If the Prime CONSULTANT is a DBE certified firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY's "DBE Program Participation Plan" and perform a minimum of 30% of the total amount of this AGREEMENT. It is recommended, but not required, that non -DBE Prime CONSULTANTS perform a minimum of 30% of the total amount of this AGREEMENT. In the absents of a mandatory DBE goal, a voluntary SBE goal amount of ten percent of the Consultant Agreement is established. The Consultant shall develop a SBE Participation Plan prior to commencing work. Although the goal is voluntary, the outreach efforts to provide SBE maximum practicable opportunities are not. The CONSULTANT, on a monthly basis, shall enter the amounts paid to all firms (including Prime) involved with this AGREEMENT into the wsdot.diversitycompliance.com program. Payment information shall identify any DBE Participation. All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C — Preparation and Delivery of Electronic Engineering and other Data." All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this SERVICE, shall be without liability or legal exposure to the CONSULTANT. Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other party by (i) certified mail, return receipt requested, or (ii) by email or facsimile, to the address set forth below: If to AGENCY: Name: Chris Hammer Agency: City of Port Orchard Address: 216 Prospect Street City: Port Orchard State: WA Zip: 98366 Email: kchammer@portorchardwa.gov Phone: 360-876-4991 Facsimile: IV. Time for Beginning and Completion If to CONSULTANT: Name: John McMillan Agency: KPFF Consulting Engineers Address: 1601 5th Ave, Suite 1600 City: Seattle State: WA Zip: 98101 Email: john.mcmillan@kpff.com Phone: 206-622-5822 Facsimile: 206-622-8130 The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT titled "Completion Date." The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the established completion time. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Page 3 of 14 Agreement Revised 0210112021 DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D V. Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES, specified in Section II, "Scope of Work". The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov). The estimate in support of the Cost Plus Fixed Fee amount is attached hereto as Exhibits "D" and "E" and by this reference made part of this AGREEMENT. A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost, indirect cost rate, and direct non -salary costs. Direct (RAW) Labor Costs: The Direct (RAW) Labor Cost is the direct salary paid to principals, professional, technical, and clerical personnel for the time they are productively engaged in work necessary to fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the direct salary costs billed to the AGENCY. 2. Indirect Cost Rate (ICR) Costs: ICR Costs are those costs, other than direct costs, which are included as such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall be made at the ICR rates shown in attached Exhibits "D" and "E" of this AGREEMENT. Total ICR payment shall be based on Actual Costs. The AGENCY agrees to reimburse the CONSULTANT the actual ICR costs verified by audit, up to the Maximum Total Amount Payable, authorized under this AGREEMENT, when accumulated with all other Actual Costs. A summary of the CONSULTANT'S cost estimate and the ICR percentage is shown in Exhibits "D" and "E", attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT (prime and all A&E sub -consultants) will submit to the AGENCY within six (6) months after the end of each firm's fiscal year, an ICR schedule in the format required by the AGENCY (cost category, dollar expenditures, etc.) for the purpose of adjusting the ICR rate for billings received and paid during the fiscal year represented by the ICR schedule. It shall also be used for the computation of progress payments during the following year and for retroactively adjusting the previous year's ICR cost to reflect the actual rate. The ICR schedule will be sent to Email: ConsultantRates@wsdot.wa.gov. Failure to supply this information by either the prime CONSULTANT or any of their A&E sub -consultants shall cause the AGENCY to withhold payment of the billed ICR costs until such time as the required information is received and an overhead rate for billing purposes is approved. The AGENCY's Project Manager and/or the Federal Government may perform an audit of the CONSULTANT'S books and records at any time during regular business hours to determine the actual ICR rate, if they so desire. 3. Direct Non -Salary Costs: Direct Non -Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT. (excluding Meals, which are reimbursed at the per diem rates identified in this section) These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges and fees of sub -consultants. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with WSDOT's Accounting Manual M 13-82, Chapter 10 — Travel Rules and Procedures, and revisions thereto. Air, train, and rental car costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205-46 "Travel Costs." The billing for Direct Non -Salary Costs shall include an itemized listing of the charges directly identifiable with the PROJECT. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. All above charges must be necessary for the services provided under this AGREEMENT. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 4 of 14 Revised 0210112021 DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D 4. Fixed Fee: The Fixed Fee, which represents the CONSULTANT'S profit, is shown in attached Exhibits "D" and "E" of this AGREEMENT. This fee is based on the Scope of Work defined in this AGREEMENT and the estimated person -hours required to perform the stated Scope of Work. In the event the CONSULTANT enters into a supplemental AGREEMENT for additional work, the supplemental AGREEMENT may include provisions for the added costs and an appropriate additional fee. The Fixed Fee will be prorated and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not previously paid in the progress payments will be covered in the final payment, subject to the provisions of Section IX entitled "Termination of Agreement." 5. Management Reserve Fund (MRF): The AGENCY may desire to establish MRF to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $100,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the MRF is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the MRF shall be made in accordance with Section XIII, "Extra Work." 6. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the MRF. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIII, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT. B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of Actual Costs plus the ICR and calculated fee on a monthly basis during the progress of the work. Such billings shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under Section III, "General Requirements" of this AGREEMENT. The billings will be supported by an itemized listing for each item including Direct (RAW) Labor, Direct Non -Salary, and allowable ICR Costs to which will be added the prorated Fixed Fee. To provide a means of verifying the billed Direct (RAW) Labor costs for CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, Direct (RAW) Labor rates, and present duties of those employees performing work on the PROJECT at the time of the interview. C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent, if applicable, upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit; all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT has twenty (20) working days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 5 of 14 Revised 0210112021 DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D D. Inspection of Cost Records: The CONSULTANT and their sub -consultants shall keep available for inspection by representatives of the AGENCY and the United States, for a period of six (6) years after receipt of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this AGREEMENT is initiated before the expiration of the six (6) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be performed by the State Auditor, WSDOT's Internal Audit Office and/or at the request of the AGENCY's Project Manager. VI. Sub -Contracting The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit "A" attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY and sub -consultant, any contract or any other relationship. Compensation for this sub -consultant SERVICES shall be based on the cost factors shown on Exhibit "E" attached hereto and by this reference made part of this AGREEMENT. The SERVICES of the sub -consultant shall not exceed its maximum amount payable identified in each sub - consultant cost estimate unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, indirect cost rate, direct non -salary costs and fixed fee costs for the sub -consultant shall be negotiated and substantiated in accordance with section V "Payment Provisions" herein and shall be memorialized in a final written acknowledgement between the parties. All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require each sub -consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With respect to sub -consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE's Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT, sub -recipient, or sub -consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the recipient deems appropriate. VII. Employment and Organizational Conflict of Interest The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 6 of 14 Revised 0210112021 DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly retired employees, without written consent of the public employer of such person if he/she will be working on this AGREEMENT for the CONSULTANT. VIII. Nondiscrimination During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub -consultants, subcontractors and successors in interest, agrees to comply with the following laws and regulations: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. Chapter 21 Subchapter V § 2000d through 2000d-4a) • Federal -aid Highway Act of 1973 (23 U.S.C. Chapter 3 § 324) • Rehabilitation Act of 1973 (29 U.S.C. Chapter 16 Subchapter V § 794) • Age Discrimination Act of 1975 (42 U.S.C. Chapter 76 § 6101 et. seq.) • Civil Rights Restoration Act of 1987 (Public Law 100-259) • American with Disabilities Act of 1990 (42 U.S.C. Chapter 126 § 12101 et. seq.) • 23 CFR Part 200 • 49 CFR Part 21 • 49 CFR Part 26 • RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "F" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "F" in every sub -contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX. Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged and any appropriate fixed fee percentage at the time of termination of this AGREEMENT, plus any direct non -salary costs incurred up to the time of termination of this AGREEMENT. No payment shall be made for any SERVICES completed after ten (10) days following receipt by the CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 7 of 14 Revised 0210112021 DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the SERVICES required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth in paragraph two (2) of this section. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT's failure to perform is without the CONSULTANT's or its employee's fault or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs and appropriate fixed fee percentage in accordance with the termination for other than default clauses listed previously. The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any member, partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT's supervisory and/or other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee. The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s) of this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT as set forth in the second and third paragraphs of this section. Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X. Changes of Work The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under section XIII "Extra Work." XI. Disputes Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within 10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit "J". In the event that either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 8 of 14 Revised 0210112021 DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D XII. Legal Relations The CONSULTANT, any sub -consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall defend, indemnify, and hold The State of Washington (STATE) and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the negligence of, or the breach of any obligation under this AGREEMENT by, the CONSULTANT or the CONSULTANT's agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY, their agents, officers, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the STATE and/or the AGENCY may be legally liable; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT or the CONSULTANT's agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally liable, and (b) the STATE and/or AGENCY, their agents, officers, employees, sub -consultants, subcontractors and or vendors, of any tier, or any other persons for whom the STATE and or AGENCY may be legally liable, the defense and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT's negligence or the negligence of the CONSULTANT's agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any AGREEMENT between CONSULTANT and any sub -consultant, subcontractor and vendor, of any tier. The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT's agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any use in connection with the AGREEMENT of methods, processes, designs, information or other items furnished or communicated to STATE and/or the AGENCY, their agents, officers and employees pursuant to the AGREEMENT; provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions resulting from STATE and/or AGENCY'S, their agents', officers' and employees' failure to comply with specific written instructions regarding use provided to STATE and/or AGENCY, their agents, officers and employees by the CONSULTANT, its agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. The CONSULTANT's relation to the AGENCY shall be at all times as an independent contractor. Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the CONSULTANT in the procurement of, or performance under, this AGREEMENT. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT's own employees or its agents against the STATE and /or the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. This waiver has been mutually negotiated between the Parties. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 9 of 14 Revised 0210112021 DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable supplemental AGREEMENT, the CONSULTANT shall provide On -Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with minimum limits of one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) in the aggregate for each policy period. C. Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage for any "Auto" (Symbol 1) used in an amount not less than a one million dollar ($1,000,000.00) combined single limit for each occurrence. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance, the STATE and AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub - consultant and/or subcontractor as an additional insured (the "AIs"), with no restrictions or limitations concerning products and completed operations coverage. This coverage shall be primary coverage and non-contributory and any coverage maintained by the AIs shall be excess over, and shall not contribute with, the additional insured coverage required hereunder. The CONSULTANT's and the sub -consultant's and/or subcontractor's insurer shall waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to: Name: Chris Hammer Agency: City of Port Orchard Address: 216 Prospect Street City: Port Orchard State: WA Zip: 98366 Email: kchammer@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 amount or one million dollars ($1,000,000.00), whichever is greater, unless the limit of liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT's professional liability to third parties be limited in any way. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 10 of 14 Revised 0210112021 DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third party, and no third party beneficiary is intended or created by the execution of this AGREEMENT. The AGENCY will pay no progress payments under section V "Payment Provisions" until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. XIII. Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT in the SERVICES to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the SERVICES under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an equitable adjustment in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify this AGREEMENT accordingly. C. The CONSULTANT must submit any "request for equitable adjustment," hereafter referred to as "CLAIM," under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of this AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the section XI "Disputes" clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XIV. Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XV. Federal Review The Federal Highway Administration shall have the right to participate in the review or examination of the SERVICES in progress. XVI. Certification of the Consultant and the Agency Attached hereto as Exhibit "G-1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "G-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit "G-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "G-4" Certificate of Current Cost or Pricing Data. Exhibit "G-3" is required only in AGREEMENT's over one hundred thousand dollars ($100,000.00) and Exhibit "G-4" is required only in AGREEMENT's over five hundred thousand dollars ($500,000.00.) These Exhibits must be executed by the CONSULTANT, and submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III "General Requirements" prior to its performance of any SERVICES under this AGREEMENT. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 11 of 14 Revised 0210112021 DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D XVII. Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement to this AGREEMENT. XVIII. Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and AGREEMENT's contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and conditions thereof. XIX. Protection of Confidential Information The CONSULTANT acknowledges that some of the material and information that may come into its possession or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state or federal statutes ("State's Confidential Information"). The "State's Confidential Information" includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles, credit card information, driver's license numbers, medical data, law enforcement records (or any other information identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security data, non-public Specifications, STATE and AGENCY non -publicly available data, proprietary software, State security data, or information which may jeopardize any part of the project that relates to any of these types of information. The CONSULTANT agrees to hold the State's Confidential Information in strictest confidence and not to make use of the State's Confidential Information for any purpose other than the performance of this AGREEMENT, to release it only to authorized employees, sub -consultants or subcontractors requiring such information for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish, transfer, sell, disclose, or otherwise make it known to any other party without the AGENCY's express written consent or as provided by law. The CONSULTANT agrees to release such information or material only to employees, sub -consultants or subcontractors who have signed a nondisclosure AGREEMENT, the terms of which have been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to the State's Confidential Information. Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the AGENCY's option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State's Confidential Information; or (ii) returned all of the State's Confidential Information to the AGENCY, or (iii) take whatever other steps the AGENCY requires of the CONSULTANT to protect the State's Confidential Information. As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following: the State's Confidential Information received in the performance of this AGREEMENT; the purpose(s) for which the State's Confidential Information was received; who received, maintained and used the State's Confidential Information; and the final disposition of the State's Confidential Information. The CONSULTANT's records shall be subject to inspection, review, or audit upon reasonable notice from the AGENCY. The AGENCY reserves the right to monitor, audit, or investigate the use of the State's Confidential Information collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or investigating may include, but is not limited to, salting databases. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 12 of 14 Revised 0210112021 DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D Violation of this section by the CONSULTANT or its sub -consultants or subcontractors may result in termination of this AGREEMENT and demand for return of all State's Confidential Information, monetary damages, or penalties. It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing such proprietary and/or confidential information shall be clearly identified and marked as "Confidential" and shall be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT. The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT; or (b) as soon as such confidential or proprietary material is developed. "Proprietary and/or confidential information" is not meant to include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully disclosed to one of the parties by a third parry that is not acting as an agent or representative for the other party; (iii) is independently developed by or for the other party; (iv) is publicly known; or (v) is generally utilized by unaffiliated third parties engaged in the same business or businesses as the CONSULTANT. The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and/ or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a public disclosure request is made to view materials identified as "Proprietary and/or confidential information" or otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that such records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure, the AGENCY will release the requested information on the date specified. The CONSULTANT agrees to notify the sub -consultant of any AGENCY communication regarding disclosure that may include a sub -consultant's proprietary and/or confidential information. The CONSULTANT notification to the sub -consultant will include the date that such records will be released by the AGENCY to the requester and state that unless the sub -consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure the AGENCY will release the requested information. If the CONSULTANT and/or sub -consultant fail to obtain a court order or other judicial relief enjoining the AGENCY by the release date, the CONSULTANT shall waive and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages, liabilities, or costs associated with the AGENCY's said disclosure of sub -consultants' information. XX. Records Maintenance During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6) years from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain and maintain all "documents" pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all "documents" pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT's place of business during normal working hours. If any litigation, claim or audit is commenced, the CONSULTANT shall cooperate with AGENCY and assist in the production of all such documents. "Documents" shall be retained until all litigation, claims or audit findings have been resolved even though such litigation, claim or audit continues past the six (6) year retention period. For purposes of this AGREEMENT, "documents" means every writing or record of every type and description, including electronically stored information ("ESI"), that is in the possession, control, or custody of the CONSULTANT, including, without limitation, any and all correspondences, contracts, AGREEMENT `s, appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten notes, reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records, work sheets, charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings, Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 13 of 14 Revised 0210112021 DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or telephone conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original, or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original. For purposes of this AGREEMENT, "ESI" means any and all computer data or electronic recorded media of any kind, including "Native Files", that are stored in any medium from which it can be retrieved and examined, either directly or after translation into a reasonably useable form. ESI may include information and/or documentation stored in various software programs such as: Email, Outlook, Word, Excel, Access, Publisher, PowerPoint, Adobe Acrobat, SQL databases, or any other software or electronic communication programs or databases that the CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones, laptops or any other electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any personal devices used by the CONSULTANT or any sub -consultant at home. "Native files" are a subset of ESI and refer to the electronic format of the application in which such ESI is normally created, viewed, and /or modified. The CONSULTANT shall include this section XX "Records Maintenance" in every subcontract it enters into in relation to this AGREEMENT and bind the sub -consultant to its terms, unless expressly agreed to otherwise in writing by the AGENCY prior to the execution of such subcontract. In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date" box on page one (1) of this AGREEMENT. m Signa re 12-6-2023 Date —Docu Signed by: F6b Mayor 12/7/2023 Signature Date Any modification, change, or reformation of this AGREEMENTshall require approval as to form by the Office of the Attorney General. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 14 of 14 Revised 0210112021 DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D Exhibit A See Attached. Scope of Work Project No. Agreement Number: Exhibit A - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Page 1 of 1 DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D EXHIBIT A PORT ORCHARD SR166 RECONSTRUCTION FINAL DESIGN SCOPE OF WORK Contents ProjectDescription................................................................................................................................... 3 Introduction.......................................................................................................................................... 3 ProjectScope Includes........................................................................................................................ 3 Services provided by the Consultant shall include: ....................................................................... 4 Information / Resources Provided by the City............................................................................... 5 Task 1: Project Management..................................................................................................................6 1.1 Contract Administration................................................................................................. 6 1.2 Project Management Plan............................................................................................... 6 1.3 Subconsultant Management........................................................................................... 6 1.4 Coordination Meetings................................................................................................... 7 Task2: Data Collection........................................................................................................................... 8 2.1 Data Collection................................................................................................................. 8 2.2 Survey................................................................................................................................9 Task 3: Community Outreach..............................................................................................................10 3.1 Public Outreach Engagement Plan..............................................................................10 3.2 Project Steering Committee..........................................................................................11 3.3 Virtual Engagement.......................................................................................................11 3.4 Project Advertising and Public Engagement.............................................................12 Task 4: SR 166 PS&E Design................................................................................................................12 4.1 Basis of Design................................................................................................................12 4.2 30% Concept Design......................................................................................................12 4.3 SR 166 PS&E....................................................................................................................13 4.4 Quality Management.....................................................................................................16 4.5 Stormwater Report.........................................................................................................17 4.6 Bid Support Services......................................................................................................18 Task 5: Utility Relocation PS&E..........................................................................................................18 5.1 Utility Basis of Design...................................................................................................18 5.2 Utility Relocation Coordination...................................................................................18 5.3 Utility Concept Design..................................................................................................19 5.4 Early Utility Relocation PS&E......................................................................................19 Task 6: Early Utility Relocation Environmental Services.............................................................. 20 6.1 Cultural Resource Services........................................................................................... 20 6.2 SEPA Documents........................................................................................................... 22 6.3 Permitting Support........................................................................................................ 22 Task 7: SR 166 Environmental Services............................................................................................. 24 PORT ORCHARD SR166 RECONSTRUCTION - SCOPE OF WORK KPFF CONSULTING ENGINEERS DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D 7.1 Cultural Resource Services........................................................................................... 24 7.2 NEPA Documentation................................................................................................... 26 7.3 Permitting Support........................................................................................................ 27 Task 8: Geotech and Soil Evaluation Services.................................................................................. 29 8.1 Geotechnical Services.................................................................................................... 29 8.2 Hazardous Materials Review....................................................................................... 32 Task 9: Traffic and Illumination.........................................................................................................34 9.1 Traffic Analysis.............................................................................................................. 34 9.2 Illumination Evaluation and Coordination................................................................ 34 9.3 Illumination PS&E......................................................................................................... 35 Task10: WSDOT Coordination........................................................................................................... 35 10.1 WSDOT Coordination................................................................................................... 35 10.2 WSDOT Channelization Plans for Approval(PFA).................................................. 36 Task 11: Landscape Architecture......................................................................................................... 36 11.1 Landscape Design.......................................................................................................... 36 11.2 Urban Design.................................................................................................................. 37 Task12: Real Estate Services................................................................................................................ 37 12.1 Preliminary Right -of -Way Services............................................................................. 37 12.2 Temporary Construction Easements and Right of Entry ......................................... 37 12.3 Acquisition Services....................................................................................................... 38 Task 13: Construction Management................................................................................................... 39 13.1 Reserved.......................................................................................................................... 39 PORT ORCHARD SR166 RECONSTRUCTION - SCOPE OF WORK ii KPFF CONSULTING ENGINEERS DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D Project Description Introduction Improvements are proposed for SR166/Bay Street from Robert Geiger Street to Frederick Avenue including intersections within the City of Port Orchard. The roadway is being raised and reconstructed to address sea level rise. Street reconstruction includes new roadway pavements, sidewalks, and stormwater systems. The project improvements trigger utility replacement / relocations. The project will underground power and communications within the project limits and reconstruct the street lighting. Gas, water, and sewer utility improvements may be constructed in advance of or tied to the project. Street and utility work is being undertaken to support planned redevelopment in Port Orchard's downtown area and to replace infrastructure that has reached the end of its life or address community needs. Street and stormwater design and construction is Federally funded with Local match. Construction is funded by Congressional Directed Spending/ Highway Improvement Program. Construction is funded by Surface Transportation Program. Utility work is locally funded. Project schedule will target beginning of construction for the utility relocations by Q4 2024-Q12025 and beginning construction for the roadway project by Q3-Q4 2025. Schedule will be dependent on permitting and approvals, but summary below includes additional buffer to address potential review cycles. The CONSULTANT team shall support the City's project delivery as outlined in this scope of work. Schedule NTP October 2023 NEPA completed September 2024 Utility Design completed Q2 2024 Utility Package Relocation Construction Q3-Q4 of 2024 Roadway Design completed Q4 2024 Roadway Reconstruction Summer of 2025 or Summer of 2026 if NEPA approval is delayed Key Stakeholders City of Port Orchard, local residents, local businesses, Port of Bremerton, WSDOT, Port Orchard Fire Department, Local Bicycle Community, and Local Tribes. Project Scope Includes 1. Reconstruction and raising of SR166/Bay Street from Robert Geiger Street to Frederick Avenue including intersections. PORT ORCHARD SR166 RECONSTRUCTION - SCOPE OF WORK KPFF CONSULTING ENGINEERS DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D 2. Utility Relocation and reconstruction work to facility roadway reconstruction, including potential utility relocations outside the pavement reconstruction area. The limits of work are shown on Figure 1 - Project Limits below. 3. Construction activities will likely require contractor access to private property within the project corridor, but no permanent easements or full right-of-way (ROW) acquisitions are needed for this project. Port Orchard SR166 Reconstruction Project Project Limits _Ammidib Early Utility Package and Utility Undergrounding Project Limits Extension of Early Utility Package "".""""."" Project Limits for Looped Water Main .••••......... SR166 Reconstruction Project Limits $ , r '/ice■■■ > • /f T City Well •�. ' 4: BtiyR t a • Proposed Water Main 4:A W- Aft� V Possible Water Main Loop Extension iiee:�e' a:iya: sa Stormwater Sanitary Sewer Power Undergrounding/Joint Utility Trench Future WSDOT Estuary Project Limits r.�— �Sb ♦ �. ! ins• 1p Figure 1- Project Limits Services provided by the Consultant shall include: 1. Refinement of the project improvements through a limited engagement process with a project steering committee, stakeholders, and City staff. 2. Consultant shall develop PS&E packages assuming an "early work" utility relocation package is constructed one year before a larger SR166 roadway reconstruction project is constructed. 3. The CONSULTANT shall utilize the concept design for SR166/ Bay Street already developed for Community Events Center as a starting point advancing the concept design (30% PS&E package) for SR166 reconstruction work. 4. Development of a 60 %, 90 %,100 %, Final (PS&E) SR166 reconstruction work package. PORT ORCHARD SR166 RECONSTRUCTION - SCOPE OF WORK 4 KPFF CONSULTING ENGINEERS DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D 5. Power and communication utilities will be undergrounded within the project limits. Undergrounding may be extended west of the SR 166 Roadway reconstruction project limits to the limits of future WSDOT Estuary Restoration project, located just east of the intersection of SR166/ Bay Street and Port Orchard Boulevard. Relocation and/or undergrounding will be funded by utilities through City/Utility franchise agreements and supplemental City Funds with design support provided by the CONSULTANT. 6. Right of Way consultant services including Temporary Construction Easement acquisition services and right of way plan certification support with WSDOT. Information 1 Resources Provided by the City 1. Record drawings for roadway, water, sewer, and stormwater. 2. City CADD PS&E standards and survey standards for use by the CONSULTANT, unless authority for plan and survey standards are delegated to the CONSULTANT. 3. Utility agencies and contact person within the project limits. 4. Identification of known critical areas and issues relevant to implementation within the project's limits. 5. Project Manual boilerplate specifications and standard City contracting material for inclusion in bid document preparation. 6. Requirements of any grant funding that need to be met by the project or the future Project Contractor. PORT ORCHARD SR166 RECONSTRUCTION - SCOPE OF WORK KPFF CONSULTING ENGINEERS DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D Task 1: Project Management The CONSULTANT shall provide overall project administration and management for the duration of the project. 1.1 Contract Administration The CONSULTANT shall develop and manage the project scope, schedule, and budget and execute contract administration activities as needed to complete the scope of work. Monthly invoices for work completed to date shall be submitted to the City with cost tracking at the Task Level with an assumed project duration of 24 months. The CONSULANT may re -allocate budget between tasks and sub -consultants at the approval of the City to meet project needs. Deliverable(s): 1. Scope, schedule, and budget updates as warranted (electronic PDF). 2. Monthly progress report summary (electronic PDF). 3. Monthly invoices (electronic PDF). 1.2 Project Management Plan The CONSULTANT shall develop and maintain a simplistic Project Management Plan. The Project management plan shall include: 1. Project Team Org Chart and Contact List 2. Work Breakdown Structure 3. Quality Management Plan 4. Federal Funding Coordination procedures and critical path schedule A Risk Registry, schedule, and design issue log shall be maintained by the CONSULTANT. Deliverable(s): 1. Project Management Plan (living document) (electronic PDF or DOCX). 2. Risk Registry (living document) (electronic PDF or DOCX). 3. Design issue log (living document) electronic PDF or DOCX). 1.3 Subconsultant Management The CONSULTANT shall prepare SUBCONSULTANT contracts and manage SUBCONSULTANTS to ensure accurate and timely implementation of the work plan and the appropriate coordination of work activities, including the review of all SUBCONSULTANTS' work on various project elements. In addition, the CONSULTANT shall conduct reviews of SUBCONSULTANTS' progress and invoices. PORT ORCHARD SR166 RECONSTRUCTION - SCOPE OF WORK KPFF CONSULTING ENGINEERS DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D 1.4 Coordination Meetings The CONSULTANT shall schedule, attend, and host project meetings to support the project and facilitate communication. Project Management Meetings The CONSULTANT Project Manager (PM) and the City PM shall have a monthly virtual meeting to discuss project issues, current status, and upcoming work for the duration of the project design phase, with an expected duration of 60 minutes. The CONSULTANT PM shall also attend five two-hour face-to-face meetings with various City staff to support the project between design milestones, with virtual meetings assumed. Design Milestone Meetings CONSULTANT will schedule meetings with the City at project milestones noted below to coordinate the design process. Meetings are assumed virtual and last ninety minutes each. • Kickoff • Concept 30 % design • Review of 60% design • Review of 90% design • Review of bid package (if needed for addendums) The project kickoff meeting shall be attended by the CONSULTANT PM, Consultant Project Coordinator, the Lead Engineer, the Landscape/Urban Design lead, and the Outreach Lead. All other milestone meetings will be attended by the CONSULTANT PM, Project Coordinator and Lead Engineer. Third -Party Project Technical Coordination Meetings The CONSULTANT will attend up to eight (8) 90-minute meetings with third parties relevant to the project to coordinate technical issues on the project, such as access issues, permitting coordination and coordination needs not identified elsewhere. Third parties may include transit service providers, port operators, and emergency service providers in the corridor. Assumption(s): 1. Meetings shall be technical in nature and require one CONSULTANT staff member per meeting. 2. The CONSULTANT shall develop exhibits and supporting material for each meeting. PORT ORCHARD SR166 RECONSTRUCTION - SCOPE OF WORK KPFF CONSULTING ENGINEERS DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D 3. City staff shall be invited to all technical coordination meetings. Deliverable(s): 1. Meeting presentation/coordination materials. 2. Meeting draft and final notes. Internal team coordination shall occur with budgets from other tasks. Task 2: Data Collection 2.1 Data Collection The CONSULTANT shall review existing data, document the major findings, determine what additional data is needed, and conduct a site visit to review existing conditions. In addition, the CONSULTANT shall complete the following activities: 1. Collect and review utility GIS information. 2. Collect and review collision history data. 3. Coordinate with the City and private utilities to obtain existing utility information. 4. Collect existing record drawings within the project vicinity. 5. Perform an existing conditions site visit after survey has been collected. Assumption(s): 1. City will provide information in electronic PDF format, including traffic counts, transit information, and background records. Deliverable(s): 1. Tech memo summary of project existing condition site visit. 2. Tech memo summary of utility coordination data revisions or updates. 3. Electronic publication of collected records. PORT ORCHARD SR166 RECONSTRUCTION - SCOPE OF WORK 8 KPFF CONSULTING ENGINEERS DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D 2.2 Survey The CONSULTANT shall provide survey services to support the project including collection of surface topo survey within the project vicinity, verifying existing survey collected on previous projects within the project limits, and production of survey basemaps and right of way survey plans. (See Attachment A - Survey Collection Figure). The CONSULTANT shall 1. collect right-of-way survey within the project vicinity and supplement previously collected survey. Monuments shall be located and used to establish rights -of -way for SR166/Bay Street and side streets for a distance of 100 feet beyond SR166/ Bay Street rights -of -way. 2. collect surface visual utility survey, including drainage and sewer utility measure -downs of accessible catch basins, manholes, inlets, and other drainage structures within the project vicinity. Information on non -visual underground utilities shall be collected by the CONSULTANT using GIS information, record drawings, or other means. 3. develop a Civil 3D basemap of the existing conditions per the City Standards and a Civil 3D existing condition Digital Terrain Model. Civil 3D 2020 shall be the project's existing condition file format. 4. develop survey control sheets for the project based on collected topographical survey, providing horizontal and vertical control for the project. 5. Produce survey work in conformance with City standards provided by City or as mutually acceptable to the CONSULTANT and the City. Survey basemaps will be provided in U.S. Survey Feet NAD 83/91horizontal91 and NAVD 88 vertical datums, unless otherwise directed. 6. use a private 3rd party utility locator to field verify accuracy and completeness of existing utility information. CONSULANT shall collect data of field marked utility locates, as warranted, during survey data collection. 7. Survey trees within the project limit and label trees with trunk and dripline diameter and will be classified as coniferous or deciduous on the basemap survey. 8. CONSULTANT shall not collect survey requiring confined space entry, but shall note in the basemap locations where information is was uncollected due to confined space restrictions. Assumption(s) Establishment of parcel limits will not be made beyond GIS limits. If a TCE or right-of-way need is established in the 30% design submittal, the CONSULTANT and the City shall negotiate services in a future amendment, with possible utilization of the management reserve fund. Deliverable(s): PORT ORCHARD SR166 RECONSTRUCTION - SCOPE OF WORK KPFF CONSULTING ENGINEERS DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D 1. Existing Conditions survey in Civil 3D 2020 format in 2D and 3D with right-of- way limits. 2. Existing Surface DTM in Civil 3D 2020 format. 3. Horizontal and Vertical Control Drawings. Task 3: Community Outreach 3.1 Public Outreach Engagement Plan The CONSULTANT shall support City led public engagement efforts for this project. Extensive outreach has already been completed by the City to guide this project, and related public infrastructure projects, and the CONSULTANT shall not perform redundant outreach efforts. Public engagement efforts shall be streamlined to be compliant with Federal Funding requirements and provide the public project notifications and updates. A simplistic Public Outreach Engagement Plan will be developed by the Consultant to identify a schedule for public involvement, key stakeholders, messaging, and intended outcomes. As part of this task, the CONSULTANT will review documentation of the previous City proposed work in the SR166/Bay Street corridor to assess past concerns and relevant issues. The Plan will focus on notifying the public of upcoming construction activities and project updates. The CONSULTANT PM and outreach lead will participate in two public engagement check -ins with the City. Assumption(s): 1. City staff will participate in development of the Public Engagement Plan. 2. The City shall lead, and be responsible for, all public noticing and hearing requirements related to funding obligations. 3. The City shall confirm with the lead NEPA agency proposed public engagement is acceptable to the lead agency to obtain NEPA compliance before executing the public engagement plan. Deliverable(s): 1. Draft and Final Public Engagement Plan. 2. Meeting agendas and meeting summaries. PORT ORCHARD SR166 RECONSTRUCTION - SCOPE OF WORK 10 KPFF CONSULTING ENGINEERS DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D 3.2 Project Steering Committee An advisory group shall be formed by the City to support project delivery and increase engagement opportunities with stakeholders and improve communication between the design team, City staff, and stakeholders. The Steering committee is planned to include the Port Orchard Council Transportation Committee. The project steering committee shall provide stakeholders opportunities for collaboration on the project design and serve as a resource for the design team to vet concepts and approaches to project delivery. The design team shall formally engage the Steering Committee on up to two times including: • One meeting before the 30% concept design is submitted • After the 90 % submittal Informal communication between the CONSULTANT and the Steering Committee may occur with approval of the City. The CONSULTANT PM will also attend one City Council presentation to brief the full council on project status. Assumption(s): 1. The Steering Committee has an advisory role. 2. The City shall contact Steering Committee members and schedule all meetings. Deliverable(s): 1. Steering Committee Meeting Materials. 2. Council Presentation Materials 3.3 Virtual Engagement CONSULTANT shall support project virtual engagement through development of graphic and written materials for posting on the City's project website throughout the course of the project. The CONSULTANT will prepare one fact sheet about the project that will serve as an attachment for email communications and will be posted on the City's website. Assumption(s): 1. City will maintain and host the project website. Deliverable(s): 1. Virtual Engagement materials and graphics PORT ORCHARD SR166 RECONSTRUCTION - SCOPE OF WORK 11 KPFF CONSULTING ENGINEERS DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D 3.4 Project Advertising and Public Engagement The CONSULTANT will provide language and graphics to City staff to distribute information on social media and via email listservs. The CONSULTANT will write up to two press releases to be shared with various media in Port Orchard and distributed using City social media and website communication methods. Assumption(s): 1. City staff will lead social media outreach and distribute notice via its contact email distribution list and other established notification channels. 2. Port Orchard communications staff will share the press release with appropriate media outlets. Deliverable(s): 1. Public outreach graphics and press releases. Task4: SR 166PS&E Design 4.1 Basis of Design The CONSULTANT shall prepare a basis of design documenting design decisions, standards, and guidelines used in the design work and key assumptions in coordination with the City. Deliverable(s): 1. Basis of Design (living document). 4.2 30% Concept Design The CONSULANT shall develop a 30% level concept design of the corridor, building on the previous concept design developed under the Community Events Center project concept phase and provide a recommendation for major project elements to move into final design to the City. The concept design phase shall: 1. Evaluate raising the SR166/ Bay St roadway profile within the project limits to address flooding mitigation issues. 2. Evaluate opportunities to address stakeholder requests and concerns. 3. Identify design challenges and solutions. 4. Identify solutions to improve the quality of the walking and biking environment and provide traffic calming treatments. 5. Identify potential utility impacts and necessary utility relocations and undergrounding opportunities. PORT ORCHARD SR166 RECONSTRUCTION - SCOPE OF WORK 12 KPFF CONSULTING ENGINEERS DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D Develop a simplistic drainage memo identifying the stormwater requirements for the project based on the new plus replaced hard surface area tabulations within the project limits. Stormwater mitigation solutions shall utilize Low Impact Development (LID) BMPs where feasible. CONSULTANT shall coordinate and propose stormwater mitigation solutions that are in -line with the City's Stormwater Plan for downtown Port Orchard. 7. Evaluate on -street parking configurations. 8. Conceptually define landscape treatments and areas for potential LID techniques. 9. Identify temporary / interim grading issues and develop alternative solutions. 10. Establish construction cost range. 11. Present concept design to WSDOT with the goal of obtaining support for future implementation and any potential design deviations. Assumption(s): Design speed reduction to 20 MPH in the corridor shall be approved by WSDOT, or the roadway jurisdictional authority. Deliverable(s): 1. 30% Concept Design Plans. 2. 30% Concept level cost estimate technical memo. 3. 30% Concept level Drainage Memorandum. 4.3 SR 166 ME The CONSULTANT shall prepare plans, specifications, and cost estimates for the reconstruction of SR 166 and adjoining side streets. Sheet scale for full civil drawings will be 1:20, unless additional detail or clarity is needed. Submittals shall be electronic. Advanced Utility Relocation work shall be shown in another PS&E package. Deliverable(s): 1. 60%, 90%,100%, Final, and Ad -Ready PS&E packages. 4.3.1 General Plans The CONSULTANT shall develop and update a cover sheet and drawings index. The CONSULTANT shall document general notes, abbreviations, and symbols. General plans shall include survey control drawings produced in other tasks. Deliverable(s): PORT ORCHARD SR166 RECONSTRUCTION - SCOPE OF WORK 13 KPFF CONSULTING ENGINEERS DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D 1. Cover sheet. 2. General notes and legend sheet. 3. Survey control sheets (within all submittals) 4.3.2 Site Prep/TESC The CONSULTANT shall identify demolition activities, including items to be abandoned, salvaged, recycled, or removed, and facilities that need to be protected during construction. Demolition plans shall include surface feature items, such as pavements by type, sidewalk, curbs, walls, building structures and foundations, and miscellaneous structures. Demolition required for utilities, drainage features, signing, striping, signalization, and illumination shall not be included in these drawings and shall be shown on the relevant discipline drawings. Temporary erosion and sediment control plans shall be shown on the Site Preparation Plans or as a stand-alone set depending on the Consultant's opinion on plan clarity. Deliverable(s): 1. Site Preparation/ TESC. 4.3.3 Roadway/ROW Plans The CONSULTANT shall produce roadway plans, alignment control drawings and Right of Way Plans. The alignment control drawings and right of way plans may be combined into a single set at the option of the CONSULTANT. Plan sheets and profile sheets may be on separate plan sheets. Alternative methods of showing vertical control information, such spot elevation grading details or curb profiles, may be used in place of traditional vertical profile plans with super elevation tables if it simplifies the design and construction effort. Up to twenty curb ramps will be designed by the CONSULTANT. Assumption(s): Pavement sections depths for inclusion into the project shall be provided to the CONSULTANT by the City. Deliverable(s): 1. Horizontal Alignment/ROW Plans and Vertical Profile or Vertical Control Plans. 2. Paving Plans and Typical Sections Plans. 3. Driveway Plans and Paving Details. 4. Intersection Plans and Ramp Details. 4.3.4 Channelization and Signage Plans PORT ORCHARD SR166 RECONSTRUCTION - SCOPE OF WORK 14 KPFF CONSULTING ENGINEERS DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D The CONSULTANT shall develop a channelization and signage plans for the project. Wayfinding shall be included within this plan set. Assumption(s): 1. City roadway signage within the corridor shall be replaced. 2. Other agency or private signage will be reused unless otherwise provided by their respective owner(s). Deliverable(s): 1. Channelization and Signage Plans. 4.3.5 Construction Phasing Plans The CONSULTANT shall develop Construction Phasing Plans for the project to confirm feasibility of construction. Construction Phasing Plans shall identify high-level traffic phasing approach, such as detours and contractual access requirements. Assumption(s): 1. The Contractor shall produce Traffic Control Plans for review by the City. 2. City shall provide MUTCD edition or City criteria for use by the CONSULTANT. Deliverable(s): 1. Construction Phasing Plans. 4.3.6 Stormwater Plans The CONSULTANT shall perform an engineering analysis and design a stormwater system within the project limits to meet current stormwater requirements. The drawings shall show removals and abandonment of existing stormwater features by the project. Assumption(s): 1. Stormwater design will meet the requirements of the City of Port Orchard (COPO) Municipal Code 20.150 and the COPO 2023 Stormwater Management Program Plan (SWMP) contained in chapters 7-12, and the 2019 Stormwater Management Manual for Western Washington (SWMMWW). 2. Conveyance design will only include Stormwater systems within the limits of the project. The CONSULTANT will review the recently completed Downtown Basin Stormwater Plan, date December 16, 2002, and incorporate recommendations for downtown stormwater improvements if feasible and under advisement from the City. 3. Flow control and water quality treatment may be included in the project. The Stormwater requirements for the project new plus replaced hard surface will be evaluated by the CONSULTANT. PORT ORCHARD SR166 RECONSTRUCTION - SCOPE OF WORK 15 KPFF CONSULTING ENGINEERS DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D Infiltration will be evaluated, under the recommendation for feasibility provided by the CONSULTANT Geotechnical Engineer based on the on -site soil investigations and Report. Deliverable(s): 1. Stormwater plans, profiles, and details. 4.3.7 Engineer's Estimate and Project Specifications The CONSULTANT shall deliver an opinion of cost using the standard of care of the profession for construction costs at all milestones broken out into funding categories as direct by the City. The estimate shall be submitted in Microsoft Excel (XLSX) format and shall include a basis of estimate, documenting key assumptions and cost estimating methodology. Basis of estimate shall be limited to an executive summary of four pages maximum, with supporting appendix material as needed. Quantity backup shall be submitted for City review in leu of quantity tabulation summary sheets within the PS&E Package submittals. The CONSULTANT shall deliver a project manual and technical specifications for the project per WSDOT/APWA standard specifications using City Standards. Assumption(s): City shall confirm appropriate contingency factors to account for project uncertainties that cannot be explicitly accounted for at the project's various engineering stages. Risks that have been identified shall be listed along with potential cost and schedule impacts. 2. All "soft costs' to be included within the cost estimate, such as City -procured items, and City self -preformed work will be provided to the CONSULTANT two weeks before the estimate due date. 3. City shall provide direction on what edition of WSDOT Standard Specifications to use in project manuals developed by the CONSULTANT Deliverable(s): 1. Estimate submittals at 30%, 60%, 90%, Final and Ad -Ready milestones. 2. 60 % Specification Outline 3. Project Manual at the 90%, Final and Ad -Ready submittals. 4.4 Quality Management The CONSULTANT shall prepare a quality management plan, and conduct thorough quality reviews and checks for each submittal. This task covers senior reviews of major work deliverables, including the concept design work. The project quality manager shall be responsible for ensuring that they are completed and documented. Such PORT ORCHARD SR166 RECONSTRUCTION - SCOPE OF WORK 16 KPFF CONSULTING ENGINEERS DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D reviews shall be performed after deliverables are assembled and before their submittal to the City. Quality Management efforts and reviews shall encompass the work performed by the CONSULTANT and its SUBCONSULTANTS. Routine checking of calculations, plan sheets, and other work, done as peer review on the various discipline items, is included in the scope of the individual task. Consultant shall provide Comment Responses and verification of action taken with major milestone submittals. Deliverable(s): 1. Quality Records (electronic PDF). 2. Submittal comment responses with notes of action taken and responses. 4.5 Stormwater Report The CONSULTANT shall prepare a draft Stormwater Report that evaluates the Project for compliance with the City Stormwater Requirements. The draft stormwater report shall include the following: 1. Project description. 2. Project site basin and sub -basin delineation. 3. Quantify land cover changes created by the project including new and replaced impervious surfaces. 4. Determine stormwater minimum requirements applicable to project. 5. Proposed stormwater system and associated design criteria, calculations, and assumptions. 6. Figures to include but not limited to project vicinity maps and drainage basin delineation maps. 7. Appendix to include emails, meeting minutes, etc. that document drainage direction from City. The focus of the report shall be technical and the narrative is expected to be brief, utilizing tables, maps, schematic sketches/details, and bullets whenever possible. The draft Stormwater report shall be turned in after the 30% submittal milestone. Upon receiving City comments, the CONSULTANT shall formally reply to received comments via written response. A final report shall be produced and submitted to the City with the 90 % plan set. Deliverable(s): 1. Draft and Final stormwater report. PORT ORCHARD SR166 RECONSTRUCTION - SCOPE OF WORK 17 KPFF CONSULTING ENGINEERS DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D 2. Draft stormwater report comment responses. 4.6 Bid Support Services The CONSULTANT shall support the City during the bidding period as needed. Support may include addressing bidding questions, addendum production, and evaluation of bid results for up to 40 CONSULTANT hours. Deliverable(s): 1. Deliverables as requested by the City. Task 5: Utility Relocation PS&E Due to the Federal funding on the project, and the anticipated permit review period for the SR166 roadway reconstruction design, an early utility/undergrounding design package will be prepared in coordination with the roadway project but delivered as a stand-alone design package. The utility construction and undergrounding within the project limits will potentially be bid and constructed ahead of the SR166 project in calendar year 2024. Scope of utility work shall be determined in coordination with the City, but is assumed to include undergrounded power and domestic water connection to a Kitsap Bank development in 2025. 5.1 Utility Basis of Design The CONSULTANT shall prepare a utility basis of design documenting design decisions, standards, and guidelines used in the design work and key assumptions in coordination with the City. 5.2 Utility Relocation Coordination The Consultant shall support City coordination on 3rd party utility relocation. The CONSULTANT shall develop relocation exhibits, coordinate relation plans, evaluate alternatives and track 3rd party utility relocation progress. Assumption(s): 1. City will provide a list of utility provider names, contact person, and phone number for each utility that is within the project limits which may be impacted by the project improvements. 2. City shall lead all communications with all utilities within this corridor. 3. With the exception of the City owned utilities, all overhead existing utilities and underground franchise utilities in the corridor are under a franchise agreement. Relocation costs will not be borne by the project or the CONSULTANT. 4. The City will provide, generate, and/or process any required agrees required to be prepared with the utility company. PORT ORCHARD SR166 RECONSTRUCTION - SCOPE OF WORK 18 KPFF CONSULTING ENGINEERS DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D 5. All existing utility poles within the project vicinity require evaluation for future Publicly Accessible Route (PAR) needs and 15 existing poles will be relocated for the project. 6. Four Utility Relocation meetings and 20 pdf exhibits will be needed. Deliverable(s): 1. Utility Relocation Exhibits. 2. Coordination Tracking 5.3 Utility Concept Design The CONSULANT shall develop a 30% level utility concept design for the corridor, and provide a recommendation for delivery to the City. The concept design phase shall: 1. Identify utility infrastructure scope, design challenges and solutions. 2. Identify potential utility impacts and necessary utility relocation alignments and undergrounding. 3. Identify 3rd party utilities requiring relocation. Drainage infrastructure improvements will include flood mitigation treatments, including a potential tide gate installation. The design team shall develop a 30% level plan set plot identifying recommended project elements to move into final design. A workshop shall be held with the design team and the City to review the recommended project elements and phasing. A planning -level utility work cost estimate shall be developed for utility relocation and installation work. Known 3rd party utility relocations to be done by others will be noted in the plans. Deliverable(s): 1. 30% Concept Utility Design Plans. 2. 30% Concept level Utility cost estimate technical memo. 5.4 Early Utility Relocation ME The CONSULTANT shall prepare plans, specifications, and cost estimates for Early Utility Relocation work to be contracted through the City. Early Utility Relocation shall occur one year before the full SR 166 reconstruction project enters construction. Submittals shall be electronic and full civil drawings will be 1:20, unless additional detail or clarity is needed. PS&E set shall include water utility work, 3rd party utility relocates, PSE duct bank construction to underground power service, sewer utility work and stormwater work the City wishes to advance into an early construction package. PORT ORCHARD SR166 RECONSTRUCTION - SCOPE OF WORK 19 KPFF CONSULTING ENGINEERS DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D 3rd party relocations done by others will be noted in the plans. Assumption(s): PSE will self -deliver electrical systems installation into duct banks and vaults constructed by the City. 2. PSE will be responsible for customer service connections, reconnections and shut offs/ transfers. Deliverable(s): 1. 60 %, 90 %,100 %, Final, and Ad -Ready Utility PS&E packages. Task 6: Early Utility Relocation Environmental Services 6.1 Cultural Resource Services The CONSULTANT will prepare a cultural resources assessment and Inadvertent Discovery Plan (IDP) for the early utility relocation work utilizing findings from the Bay Street Pathway West situational study cultural resource literature review, as feasible, with supplemental research for areas outside the previous study area and incorporating an additional recorded resources since preparation of the Bay Street Pathway West literature review. This task will also include a subsurface archaeological survey, required public utility locate coordination, and a technical report. The following will be addressed: Background research: The CONSULTANT will conduct a search on Washington Department of Archaeology and Historic Preservations (DAHP) WISAARD system to identify recorded historic built environment, historic register listed properties, archaeological sites, cemeteries, and previously completed cultural resources assessment within a 1-mile radius "Study Area' of the project location. The CONSULTANT will send a request via emailed letter to the Suquamish Tribe for any tribal knowledge of the area that the Tribe may wish to share with the City and have incorporated into the report. The CONSULTANT will review pertinent environmental, archaeological, ethnographic, and historical information appropriate to the project location from a variety of available resources. The CLIENT will provide the CONSULTANT with any existing geotechnical exploration data and relevant documentation of current subsurface conditions or modifications known to be present within the proposed project footprint, if available. 2. Archaeological survey: The CONSULTANT will conduct a surface and subsurface archaeological survey of the project area to identify any unrecorded archaeological resources that may be present. This task includes filing a state - required public utility locate prior to digging. Up to ten shovel probes will be conducted, to a target depth of 1 meter or less should glacial deposits be PORT ORCHARD SR166 RECONSTRUCTION - SCOPE OF WORK 20 KPFF CONSULTING ENGINEERS DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D encountered, and screened through 1/4-inch mesh. Cursory review of archaeological predictive modelling, managed by DAHP, indicates the project is in an area considered very high risk for containing archaeological resources. 3. Cultural Resources Assessment Report: The CONSULTANT will prepare a technical report describing background research, survey findings, and management recommendations. The report will provide supporting documentation of findings, including maps and photographs, and will conform to DAHP reporting standards. Report and support materials will be provided electronically in PDF format. This task includes one round of consolidated comments from the client prior to the submission of the final report to DAHP. The CONSULTANT will assist the client in submitting the report DAHP, via their WISAARD system. 4. CONSULTANT shall prepare an Inadvertent Discovery Plan (IDP) for the City to use during Project implementation. Should this task occur simultaneously with Task 7.1, which is a separate project area and a federal undertaking with WSDOT as lead agency, the CONSULTANT will assist the City in discussing with WSDOT the feasibility and appropriateness of conducting the Task 6.1 archaeological survey as part of Task 7.1 survey work. Assumption(s): 1. The Early Utility Relocation work is not receiving any state funding or federal funding, permits, or approvals and is not subject to compliance with the National Historic Preservation Act or Washington State Executive Order 21-02. Should this change, an amendment will be necessary to follow the requirements of the applicable regulation. 2. No meetings with clients and/or stakeholders will be required. 3. The CONSULTANT assumes the project boundaries will be consistent with those at the time of this scope (including Tugboat Alley). Should boundaries change, an amendment may be necessary. 4. CONSULTANT will conduct a surface survey of the entire Tugboat Alley project area and a subsurface survey of the portions not occupied by road infrastructure, marked utilities, or prohibitive conditions, such as slopes in excess of 10% or active water channels. The coverage of the subsurface archaeological survey will be based on the anticipated footprint of project disturbance and the results of the surface survey and utility locate. It is assumed that the subsurface survey will be conducted using up to 10 hand -dug shovel probes advanced to:1) 3 feet (-1 meter), 2) until glacial deposits are encountered, or 3) until impassable conditions (whichever occurs first). Probes will be excavated opportunistically within the proposed disturbance footprint. Spoils will be screened through 1/4-- inch hardware mesh. A hand auger may be used to extend the shovel probes to a greater depth to determine the potential for deeply buried archaeological deposits where soils other than glacial material are identified. Probes will be photographed, and their locations recorded using GPS. Probes will be backfilled immediately upon termination. Information gathered during this task will be PORT ORCHARD SR166 RECONSTRUCTION - SCOPE OF WORK 21 KPFF CONSULTING ENGINEERS DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D incorporated into the Cultural Resources Assessment report. This task includes filing a public utility locate per State law. 5. No archaeological sites or isolates will be identified during the survey. If archaeological sites or isolates are identified, an amendment will be necessary. 6. No human remains will be encountered. If human remains are identified, the CONSULTANT will immediately notify the City. 7. The CONSULTANT assumes no historic properties (built environment resources 50 years or older) will be identified and documented on DAHP historic property inventory forms. If identified and documentation is requested by the City, an amendment will be necessary. 8. The CONSULTANT will not conduct survey in areas containing hazardous materials, such as industrial or human waste, or in areas occupied by individuals other than the landowner or their designee. Fieldwork may be delayed or impacted by natural events, such as fire, smoke, flood, or snow. Deliverable(s): 1. Draft and Final Cultural Resources Assessment Report provided electronically. 2. Draft and Final Inadvertent Discovery Plan (IDP) provided electronically. 6.2 SEPA Documents The CONSULTANT will prepare formal documentation for a project Categorical Exemption with respect to the State Environmental Policy Act (SEPA). The proposed project is anticipated to meet a Categorical Exemption (WAC 197-11-800 adoption by reference) under SMC 20.160.080. Assumption(s): 1. The City shall be the lead agency and concur with the SEPA exemption rationale. 2. No new background studies will be prepared for this task. Deliverable(s): 1. SEPA Exemption Letter (electronic draft and final) 6.3 Permitting Support The CONSULTANT will prepare City of Port Orchard applications for the early utility relocation project to meet City Land Use permitting requirements triggered by the proposed work. The CONSULTANT will research site -specific permit requirements that will be summarized in a Permit Matrix, in consultation with the project team and the City of Port Orchard. The CONSULTANT will coordinate compiling information for each permit application, reviewing applicable municipal code, monitoring each application through permit PORT ORCHARD SR166 RECONSTRUCTION - SCOPE OF WORK 22 KPFF CONSULTING ENGINEERS DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D issuance, assist with coordination of addressing comments and resubmitting, and attending any pre -application meetings for the following permits: 1. Master Application Form 2. Floodplain Development Permit Application 3. Critical Areas Exception (Type III) with a Critical Areas Report 4. Shoreline Permit Exemption 5. Major Land Disturbing Activity Permit 6. Hydraulic Project Approval (due to a tide gate installation) Assumption(s)• 1. City permitting fees will be waived or reimbursed by City funds outside the Consultant fee. 2. The City shall submit permits. 3. City will concur a Stormwater Drainage permit is not required due to utility work as noted in POMC 20.140.070 (2). 4. The City shall provide the contractor permits for the following: NPDES permit for Construction 5. The permitting efforts will not require a hydrogeological report as defined in Table 20.162.086 of POMC20.162. 6. The following types of permits or approvals are not anticipated at this time, and are therefore not included in this scope: ■ Corps of Engineers, Section 10 or 404 ■ Coastal Zone Management Certification ■ State Waste Discharge Permit ■ Section 401 Water Quality Permit 7. The floodplain development application and report development will be based on a review of available data and information. Hydrologic and hydraulic analysis, hydraulic modeling, and no rise analysis are not included, as the project is not within an identified floodway and therefore not anticipated to be required. 8. One round of review of permit applications is included in this scope. 9. Information and data needed for permit applications (e.g., design plans, grading volumes) will be provided by others or completed as part of other tasks. Deliverable(s): 1. Permit matrix 2. Draft and Final permit applications. 3. Critical Areas Report for Wetlands and Fish and Wildlife Habitat Conservation Areas PORT ORCHARD SR166 RECONSTRUCTION - SCOPE OF WORK 23 KPFF CONSULTING ENGINEERS DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D Task 7: SR 166 Environmental Services 7.1 Cultural Resource Services The CONSULTANT will assist the City with National Historic Preservation Act (hereafter Section 106) compliance for the SR 166 project, which is a separate federal undertaking with WSDOT as lead federal agency. This will include preparing a cultural resources assessment specific to the SR 166 construction work's Area of Potential Effects (APE). The report will utilize findings from the Bay Street Pathway West situational study cultural resource literature review and cultural resources assessment completed for the Early Utility Relocation cultural resources review, as feasible. The CONSULTANT will conduct archaeological survey specific to the APE, prepare a required technical report, and a Monitoring and Inadvertent Discovery Plan (MIDP). The following will be addressed: Regulatory coordination: The CONSULTANT will assist in the initiation of the Section 106 consultation process by preparing a draft Area of Potential Effects (APE) map and letter. The letter will include the proposed field investigation methodology. After one set of consolidated comments are received from the CLIENT and the PROPONENT, the CONSULTANT will prepare a Revised Draft for submittal to the AGENCY by the PROPONENT. The correspondence will be submitted to the AGENCY by the PROPONENT. The AGENCY will submit the correspondence to the Washington State Department of Archaeology and Historic Preservation (DAHP) and potentially affected Tribes to initiate consultation and define the APE for the project pursuant to 36 CFR 800.4(a)(1). Following the City's submittal of Section 106 consultation initiation and APE definition request letter to the AGENCY, consulting parties will have a 30-day period to provide feedback, comment, or request additional information. 2. Background research: The CONSULTANT will conduct supplemental research on Washington Department of Archaeology and Historic Preservations (DAHP) WISAARD system to identify recorded historic built environment, historic register listed properties, archaeological sites, cemeteries, and previously completed cultural resources assessment within a 1-mile radius "Study Area' of the project location. The CONSULTANT will review relevant correspondence between the project proponent, stakeholders, and DAHP. The CONSULTANT will send a request via emailed letter to the Suquamish Tribe for any tribal knowledge of the area that the Tribe may wish to share with the City and have incorporated into the report. The CONSULTANT will review pertinent environmental, archaeological, ethnographic, and historical information appropriate to the project location from a variety of available resources. The CLIENT will provide the CONSULTANT with any existing geotechnical exploration data and relevant documentation of current subsurface conditions or modifications known to be present within the proposed project footprint, if available. Background research will build upon the existing draft cultural PORT ORCHARD SR166 RECONSTRUCTION - SCOPE OF WORK 24 KPFF CONSULTING ENGINEERS DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D resources literature review previously prepared by ESA for the Bay Street Trail Project (Hannah et al. 2023). 3. Surface Survey: The CONSULTANT will conduct a pedestrian (surface) survey of the project APE to document existing conditions. Cursory review of archaeological predictive modelling, managed by DAHP, indicates the project is in an area considered very high risk for containing archaeological resources. As such, the field survey will be conducted in order to understand the extent of prior disturbance; to assess the landform for its archaeological potential; and to identify suitable locations for standard archaeological subsurface survey investigation, if such areas are present. Areas suitable for subsurface investigation will be investigated on a follow-up visit after state -required public utility locates have been filed.. 4. Cultural Resources Assessment report: The CONSULTANT will prepare a technical report describing background research, field methods, results of investigations, and management recommendations. The report will provide supporting documentation of findings, including maps and photographs, and will conform to DAHP reporting standards and the appropriate requirements based on Section 106 requirements. Report and support materials will be provided electronically in PDF format. This task includes one Draft Report for client review, one Revised Draft Report for AGENCY review, and one Final Report for submission to DAHP. The CONSULTANT will assist the client and AGENCY in submitting the Final Report and any associated documentation to DAHP, via their WISAARD system. 5. Subsurface Survey: The CONSULTANT will conduct a subsurface survey of the portions of the project APE not occupied by road infrastructure, utilities, or prohibitive conditions, such as slopes in excess of 10% or active water channels. The coverage of the subsurface archaeological survey will be based on the anticipated footprint of project disturbance, and the results of the surface survey. It is assumed that the subsurface survey will be conducted using up to 10 hand - dug shovel probes advanced to:1) 3 feet (-1 meter), 2) until glacial deposits are encountered, or 3) until impassable conditions (whichever occurs first). Machine Testing may be used in lue of hand shovel work. Probes will be excavated opportunistically within the proposed disturbance footprint. Spoils will be screened through 1/4--inch hardware mesh. A hand auger may be used to extend the shovel probes to a greater depth to determine the potential for deeply buried archaeological deposits where soils other than glacial material are identified. Probes will be photographed, and their locations recorded using GPS. Probes will be backfilled immediately upon termination. Information gathered during this task will be incorporated into the Cultural Resources Assessment report. This task includes filing a public utility locate per State law. 6. Based on the high probability of the project to encounter archaeological materials, the CONSUTLANT will prepare an Archaeological Resources Monitoring and Inadvertent Discovery Plan (MIDP) for the project, meeting regulatory requirements. PORT ORCHARD SR166 RECONSTRUCTION - SCOPE OF WORK 25 KPFF CONSULTING ENGINEERS DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D Assumption(s): 1. The City will provide the CONSULTANT with all regulatory correspondence they have received regarding cultural resources. 2. No meetings with clients and/or stakeholders will be required. 3. The CONSULTANT will not conduct survey in areas containing hazardous materials, such as industrial or human waste, or in areas occupied by individuals other than the landowner or their designee. 4. The CONSULTANT assumes the project conditions and boundaries will be consistent with those at the time of this scope. Should conditions or boundaries change, an amendment may be necessary. 5. The CONSULTANT assumes no historic properties requisite of formal documentation will be identified within the project location during the field reconnaissance. If such historic properties are identified as a result of the field reconnaissance, an amendment will be necessary. 6. Prior to conducting the subsurface survey, the CLIENT will provide notice to Section 106 consulting parties. Subsurface survey will be conducted by a team of 2 staff working up to 210-hour days, including travel time. 7. No archaeological sites or isolates will be identified during the survey. If archaeological sites or isolates are identified, an amendment will be necessary. 8. No human remains will be encountered. If human remains are identified during the Field Survey, the CONSULTANT will immediately notify the City and AGENCY. 9. Fieldwork may be delayed or impacted by natural events, such as fire, smoke, flood, or snow. Deliverable(s): Draft and Final Section 106 consultation initiation and APE definition request letter (Word format). 2. Draft and Final Cultural Resources Assessment report provided electronically. 3. Draft and Final Archaeological Resources Monitoring and Inadvertent Discovery Plan (MIDP). 7.2 NEPA Documentation The CONSULTANT will prepare documentation for project compliance with the National Environmental Protection Act (NEPA) and applicable regulations and laws. The Consultant shall provide multi -disciplinary expertise and personnel to support a Documented Categorical Exclusion (anticipated). WSDOT Local Programs (LP) will serve as the NEPA lead agency. It is assumed the City has adopted "WAC 197-11610, Use of NEPA Documents" to support a determination of nonsignificance; therefore, a separate SEPA checklist is not expected to be required. The Consultant shall provide the following: PORT ORCHARD SR166 RECONSTRUCTION - SCOPE OF WORK 26 KPFF CONSULTING ENGINEERS DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D Coordination with the City's environmental lead to address and respond to project team questions, keep the project team informed of the project status, and identify potential environmental issues. Coordination with the City's environmental lead shall include emails, phone calls, and online or in -person meetings. 2. Attendance at a NEPA Kick-off Meeting with WSDOT Local Programs environmental staff. 3. Evaluation of potential impacts in and near the project sites and document in WSDOT LP's NEPA Categorial Exclusion form. 4. Analysis and research for a Floodplain Discipline Memo 5. Analysis and research for a Biological Assessment Assumption(s)• 1. It is assumed that WSDOT NEPA Categorical Exclusion form is the appropriate level of documentation to comply with NEPA for this project. 2. Any mailing list distributions, the distribution of hard copies, and/or CDs will be provided by the City. 3. No background or technical reports will be prepared other than the Floodplain Discipline Memo and Biological Assessment. 4. City shall utilize NEPA approval to satisfy any SEPA permitting. Deliverable(s): WSDOT Local Programs NEPA Categorical Exclusion Documentation form (draft and final) 2. Floodplain Discipline Memo (draft and final) per WSDOT's Guidebook for Local Agencies 3. Biological Assessment per WSDOT's Guidebook for Local Agencies For all reports there will be a draft, final, with 1 review from WSDOT and 1 review from the City; all comments from agencies will be consolidated before sending to Consultant) Electronic copies of the internal review drafts in Word with figures in PDF. Final files in PDF. 7.3 Permitting Support The CONSULTANT will prepare City of Port Orchard applications for the SR166 project to meet City Land Use permitting requirements triggered by the proposed work. The CONSULTANT will research site -specific permit requirements that will be summarized in a Permit Matrix, in consultation with the project team and the City of Port Orchard. PORT ORCHARD SR166 RECONSTRUCTION - SCOPE OF WORK 27 KPFF CONSULTING ENGINEERS DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D The CONSULTANT will coordinate compiling information for each permit application, reviewing applicable municipal code, monitoring each application through permit issuance, assist with coordination of addressing comments and resubmitting, and attending any pre -application meetings for the following permits: 1. Master Application Form 2. Floodplain Development Permit Application 3. Critical Areas Exception (Type III) with a Critical Areas Report 4. Shoreline Substantial Development Permit 5. Major Land Disturbing Activity Permit 6. Stormwater Drainage Permit Assumption(s)• 1. City permitting fees will be waived or reimbursed by City funds outside the Consultant fee. 2. The City shall submit permits. 3. The City shall provide the contractor permits for the following: 0 NPDES permit for Construction. 4. The permitting efforts will not require a hydrogeological report as defined in Table 20.162.086 of POMC20.162. 5. The following types of permits or approvals are not anticipated at this time, and are therefore not included in this scope: ■ Corps of Engineers, Section 10 or 404 ■ Coastal Zone Management Certification ■ Hydraulic Project Approval ■ State Waste Discharge Permit ■ Section 401 Water Quality Permit 6. The floodplain development application and report development will be based on a review of available data and information. Hydrologic and hydraulic analysis, hydraulic modeling, and no rise analysis are not included, as the project is not within an identified floodway and therefore not anticipated to be required. 7. One round of review of permit applications is included in this scope. 8. Information and data needed for permit applications (e.g., design plans, grading volumes) will be provided by others or completed as part of other tasks. Deliverable(s): 1. Draft and Final permit applications. 2. Critical Areas Report for Wetlands and Fish and Wildlife Habitat Conservation Areas PORT ORCHARD SR166 RECONSTRUCTION - SCOPE OF WORK 28 KPFF CONSULTING ENGINEERS DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D 3. Biological Assessment Task 8: Geotech and Soil Evaluation Services 8.1 Geotechnical Services The CONSULTANT shall evaluate the existing geotechnical conditions within the corridor and execute an exploration plan to support the project's design efforts. Key tasks include: 1. Review of available geotechnical data and identification of known issues. 2. Perform a geotechnical site reconnaissance. Develop a Subsurface Exploration Work Plan to be completed before the 30% design milestone. The Consultant will prepare a Subsurface Exploration Plan memoranda for the proposed exploration program. The work plan will be submitted to the City for review and approval. The work plan will detail the type, location, and extent (depth, sampling interval, in -situ testing, and instrumentation installation) of proposed field explorations along with logistics necessary to perform the work. The work plans will also be used for utility locating clearances and for permitting that may be necessary to access the exploration locations. 4. Coordinate public and private utility locates for planned areas of exploration. 5. Plan and execute a field exploration program to develop recommendations for luminaire foundation design, retaining wall design, and infiltration feasibility at three (3) drilled borehole locations; completed to a depth of up to 30 feet below ground surface (bgs). One (1) groundwater monitoring well will be installed at a selected boring location upon completion of the exploration. The results of laboratory testing on selected soil samples will be used to assess infiltration feasibility. If infiltration potential is considered feasible, the Consultant shall recommend Pilot Infiltration Testing (PIT) to the City. 6. Perform environmental soil and groundwater testing from geotechnical borehole locations to evaluate potential contamination from gasoline, diesel, and oil -range total petroleum hydrocarbons, benzene, and lead. Test results shall be communicated to the City and included within geotechnical testing reports. 7. Based the proposed locations of the geotechnical borings and review of Washington State Department of Ecology (Ecology) documents available online for the property where the proposed borings are to be located, potential contaminants of concern (PCOC) that could be encountered during drilling include total petroleum hydrocarbons, volatile organic compounds (VOCs), and metals. During drilling of the geotechnical borings, The Consultant shall field screen soils for organic vapors by headspace analysis using a photoionization detector (PID), a water sheen test, and visual and olfactory methods (i.e., stained PORT ORCHARD SR166 RECONSTRUCTION - SCOPE OF WORK 29 KPFF CONSULTING ENGINEERS DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D or discolored soils and/or adverse odors). One environmental soil sample will be collected from each of the geotechnical borings. Groundwater samples will be collected from two of the boring locations via temporary wells installed during drilling activities. The geotechnical boring that is completed as a monitoring well will be developed by the drillers after the construction of the well has been completed. A separate site visit will be conducted the day after to one week of the well development to collect a groundwater sample from this permanent well. All soil and groundwater samples will be collected following regulatory agency standard operating procedures. Soil and groundwater samples collected will be submitted to the chemical laboratory for standard turnaround time analysis (7 to 10 business days) of the following PCOC: a. Petroleum hydrocarbons - diesel, oil via Ecology test method NWTPH- Dx, b. Petroleum hydrocarbons - gasoline via Ecology test method NWTPH-Gx, c. VOCs via EPA test method EPA 8260D, and d. RCRA 8 Metals (Ag, As, Ba, Cd, Cr, Hg, Pb & Se) via Environmental Protection Agency (EPA) test method EPA # 6010/7000. Based on initial analytical results, select soil samples may also be analyzed for the following: e. Hexavalent chromium via EPA test method 7196A f. Toxicity Characteristic Leaching Procedure (TCLP) via EPA test method 1311/1312. 8. Perform laboratory testing of geotechnical samples including moisture content, grain -size distribution, and Atterberg Limits. Testing will be performed in general accordance with the following laboratory schedule: TEST ID ASTM QTY Method Water D2216 6 Content Atterberg D4318 3 Limits Particle Size D6913 6 Analysis Hydrometer D7928 3 California D1883 1 Bearing Ratio PORT ORCHARD SR166 RECONSTRUCTION - SCOPE OF WORK 30 KPFF CONSULTING ENGINEERS DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D Place investigation derived waste (IDW) including soil cuttings, purged groundwater, and decontamination water from the borings in steel 55-gallon drums. These IDW drums will be stored onsite, or at an adjacent location as directed by the City, pending chemical analysis. Once laboratory results for the environmental samples are obtained, the CONSULTANT will coordinate the disposal of drummed IDW utilizing a waste disposal subcontractor after the waste profile documentation required for disposal of the IDW has been signed by the property owner or a City representative. 10. Evaluate drilled borehole and laboratory data. 11. Evaluate potential roadway settlement issues on SR 166 and provide mitigation recommendations, if warranted. 12. Evaluate environmental conditions of the areas investigated and provide: a. Written specifications for excavation and handling of contaminated soils and groundwater that may be encountered during construction, b. Engineering cost estimates for addressing contaminated soils, 13. Prepare a draft Geotechnical Engineering Report with geotechnical recommendations for new luminaire foundations, over -excavation, roadway stabilization treatments and infiltration feasibility. Recommendations for geoenvironmental considerations (e.g., infiltration feasibility, construction considerations, health and safety, etc.) will also be included in the Geotechnical Engineering report. 14. Respond to draft Geotechnical Engineering Report Comments. 15. Prepare a Final Geotechnical Engineering Report near the 90% milestone. Following submittal of the draft geotechnical report, all soil samples will be disposed. If contaminated soils are identified from environmental laboratory analysis of soil samples, geotechnical soil samples will be returned to the City for disposal. All field work including site reconnaissance, utility locates, drilling, and groundwater monitoring will be accomplished during normal daylight workdays and hours, with at least a minimum 8 hours available per day. Assumption(s): 1. City staff shall identify locations with known potential soil infiltration. 2. Field Exploration Work Plan will be reviewed by the City. 3. Retaining walls are assumed to consist of block walls or structural earth walls with heights of no more than 4 feet. 4. The geotechnical explorations proposed herein will NOT be used to assess site environmental conditions of the entire project area (i.e., no environmental assessment of areas not sampled). Geoenvironmental considerations will be based on the results of the sampling conducted from the geotechnical boring locations only. PORT ORCHARD SR166 RECONSTRUCTION - SCOPE OF WORK 31 KPFF CONSULTING ENGINEERS DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D 5. All IDW waste profile documentation must be signed by a property owner or City representative. Estimated labor and subcontractor costs for IDW disposal are for non -hazardous waste IDW disposal. If analytical results indicate hazardous wastes are present, IDW disposal may require disposal as a hazardous waste at a Subtitle C landfill, which may incur additional labor and subcontracting costs. 6. The project contractor shall a. Decommission monitoring wells installed by the Consultant. b. Design any project dewatering systems. 7. Boring locations will be accessible by truck- or truck -mounted drill rigs and boring locations will be located using handheld GPS and measurement from existing know features. Utility locates via the One -Call Utility Locate Center will be comprehensive and accurate enough to allow reliable and safe location of borings. Vacuum extraction of borings is not included. CONSULTANT will not be held liable for damage to utilities or other underground structures not defined by the utility locate services. Deliverable(s): Subsurface Explorations Plan which includes a site specific health and safety plan (PDF format). 2. Draft and Final Geotechnical Engineering Reports (PDF format). 8.2 Hazardous Materials Review The CONSULTANT shall provide planning level environmental strategy support for the program with a moderate -level environmental hazardous materials risk -evaluation of the project vicinity not already evaluated within work produced in the Bay Street West Situational Study Hazardous materials investigation to identify and evaluate the potential presence of subsurface contaminants that may be encountered during the various stages of project development and construction. Results of the hazardous materials environmental assessment shall be presented in a technical memo. The memo shall include the following: Obtain and review readily accessible environmental records for the project corridor and adjacent properties. The search includes the project corridor and other properties within an eighth of a mile to a mile radius from the Project Area, based on type of regulatory database listing, WSDOT guidance, and ASTM standards. • Obtain and review historical aerial photographs, topographic maps, and Sanborn Fire Insurance maps for the project vicinity, and city directories for the streets included in the project corridor itself. PORT ORCHARD SR166 RECONSTRUCTION - SCOPE OF WORK 32 KPFF CONSULTING ENGINEERS DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D • Review existing technical documents and reports available from Ecology and EPA, or as provided by the City or KPFF, concerning previous environmental investigations for the project site and/or adjacent properties. Conduct a visual reconnaissance of the project site to observe current land uses and activities pertaining to the potential for subsurface contaminants to adversely impact the project site. If there are properties being considered for right-of-way acquisition, these will be included as part of the visual reconnaissance. However, the reconnaissance will be limited to features readily observed from public access corridors and shall not include entering private properties or viewing conditions within buildings. The site reconnaissance will include noting the presence and approximate locations of environmental conditions or associated physical features identified during the environmental records review. Evaluate the resulting data with respect to potential impacts of subsurface contaminants on development, construction, and potential property acquisitions of the corridor project. Prepare a technical memorandum in accordance with the local agency and WSDOT requirements for a "mid -level" hazardous materials environmental assessment. Assumption(s): 1. Hazardous materials environmental assessments are not considered to be a Phase I Environmental Site Assessment (ESA) that adheres to the American Society for Testing and Materials (ASTM) standards. If the hazardous materials environmental assessment reveals issues that could impact the project site, more detailed investigations, which may include Phase I ESAs or Phase Il ESAs, may be recommended. 2. The hazardous materials technical memo will not include assessment of existing conditions for environmental resources such as: cultural and built environment historic resources, land use, natural resources and critical areas, sensitive receptors for air quality and noise, parks and recreation areas, visual resources, Tribal Boundaries, Tribal owned parcels along the corridor, and/or general demographic information. 3. The site reconnaissance conducted will be limited to features readily observed from public access corridors, and shall not include entering private properties or viewing conditions within buildings (i.e., "windshield survey"). 4. The hazardous materials technical assessment shall be an internal planning document for the City and will not be submitted to any state or federal agency. 5. One round of review of the hazardous materials environmental assessment will be required. Deliverable(s): 1. Draft and Final Hazardous Materials Assessment Technical Memo PORT ORCHARD SR166 RECONSTRUCTION - SCOPE OF WORK 33 KPFF CONSULTING ENGINEERS DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D Task 9: Traffic and Illumination 9.1 Traffic Analysis The CONSULTANT shall evaluate existing and future traffic operations within the corridor and develop recommendations, if any, to improve safety and traffic operations. The CONSULTANT shall conduct a speed study for the evaluation within the corridor. The CONSULTANT shall review crash data analysis within the corridor. The CONSULANT shall utilize available information from the Bay Street pathway West Situational Study to support analysis efforts. Consultant shall evaluate Rectangular Rapid Flashing Beacons (RRFB) installation within the corridor and provide a recommendation for installation. The CONSULTANT shall develop a draft and final traffic analysis evaluation report, including an evaluation of mainline traffic speed reduction to 20 MPH within the technical memo. Assumption(s): 1. City and WSDOT shall provide traffic data and growth assumptions. Deliverable(s): 1. Draft and Final Traffic Analysis Evaluation Report 9.2 Illumination Evaluation and Coordination The CONSULTANT shall evaluate illumination within the corridor using applicable WSDOT illumination analysis guidelines. The analysis will be completed using AGi 32 software. The CONSULTANT shall develop a concept lighting plan for the corridor. A concept design shall be produced with removals and abandonment of existing lighting elements by the project and installation of all new lighting elements, including potential pedestrian lighting elements. Consultant shall provide a planning level cost estimate for the concept design. Upon City acceptance of the concept design, the CONSUTANT will coordinate power needs with applicable utilities, including service applications and confirmation of those. CONSULTANT design effort is limited to ten street illumination pole installations, ten pedestrian scale lighting fixtures/poles and five service applications. PORT ORCHARD SR166 RECONSTRUCTION - SCOPE OF WORK 34 KPFF CONSULTING ENGINEERS DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D CONSULTANT shall develop foundation designs based on recommendations provided by a geotechnical investigation and utilize WSDOT Standard Plan foundations if feasible. CONSULTANT shall notify the City if WSDOT Standard Plan foundations are not feasible based on geotechnical evaluation. Assumption(s): 1. City shall provide lighting fixture information and illumination standards and specifications. 2. Puget Sound Energy will be operator of the street light system and PSE standards will apply to the project illumination. Deliverable(s): 1. Lighting analysis memo with Light -level exhibits. 2. Concept illumination design and cost estimate 3. Utility Service Applications and Permits 9.3 Illumination ME The CONSULTANT shall prepare illumination plans, specifications, and cost estimates for the project. Lighting plans shall show franchise utility relocations by others. Deliverable(s): 1. 60%, 90%,100%, Final, and Ad -Ready Light and Signal PS&E packages. Task 10: WSDOT Coordination 10.1 WSDOT Coordination The CONSULANT will assist the City with WSDOT coordination and completion of the project approval process. Support shall include coordination with WSDOT on future WSDOT project work directly west of the project corridor. Up to five coordination meetings will be held between the City, WSDOT and the CONSULTANT staff. Assumption(s): 1. City of Port Orchard shall formally submit all project submittals, required by the WSDOT Local Agency Guidelines directly to WSDOT. Deliverable(s) 1. Meeting agendas, figures and meeting materials to support the coordination effort between the City and WSDOT project, and meeting notes. PORT ORCHARD SR166 RECONSTRUCTION - SCOPE OF WORK 35 KPFF CONSULTING ENGINEERS DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D 10.2 WSDOT Channelization Plans for Approval (PFA) The CONSULTANT shall prepare channelization plans for WSDOT review and approval. Submittals shall be electronic and work will include up to three design submittal iterations to WSDOT. Channelization plans will follow WSDOT design standards and requirements as defined in the WSDOT Design Manual and the LAG manual. Consultant shall produce design documentation to support a mainline design speed of 20 miles per hour. Assumption(s): 1. City shall review and provide any comments on Chan Plans for approval before preliminary submittal to WSDOT 2. WSDOT and the City of Port Orchard will accept a mainline design speed of 20 miles per hour. Deliverable(s): 1. Preliminary and Final Channelization Plans for approval. Task 11: Landscape Architecture 11.1 Landscape Design The CONSULTANT shall develop landscape design plans including: • Planting plans • Photo cut sheets for street trees, shrubs, and groundcover options. • Coordination with and integration of Stormwater/LID design. • Coordination with and integration of decorative street lighting. • Permanent landscape irrigation plans. • WSDOT special provisions for Planting, Irrigation, Site Furnishings, and decorative pavement treatments. Assumption(s): 1. The City shall provide information on preferred irrigation components. Deliverables: 1. 60 %, 90 %, Final and Ad -Ready Documents o Planting plans (1" = 20' full size - four sheets). o Planting schedule, details, and notes (three sheets). o Irrigation plans (1" = 20' full size - four sheets). PORT ORCHARD SR166 RECONSTRUCTION - SCOPE OF WORK 36 KPFF CONSULTING ENGINEERS DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D o Irrigation schedule, details, and notes (two sheets). o Special provisions & Cost Estimates 11.2 Urban Design The CONSULTANT shall develop urban design plans and coordinate delivery with other nearby projects including: Urban design elements, including traffic calming options. Urban design plans and enlargement details to include sidewalk paving patterns, decorative raised intersection, finish treatments, and location of site furnishings. Grading and adjustment to seat wall/planters for the Community Event Center. Bay Street Pedestrian Path West implementation Cost estimate development r)P1 ivarahl ac- 1. 60%, 90%, Final and Ad -Read/ Documents: o Urban design plans (1" = 20' full size - four sheets) o Urban design schedule, paving enlargements, details, and notes (two sheets) o WSDOT special provisions Task 12: Real Estate Services 12.1 Preliminary Right -of -Way Services The CONSULTANT shall prepare a ROW Funding Estimate for all impacted parcels following at completion of concept design work. The CONSULTANT shall utilize a third party appraisal specialist to develop right-of-way appraisal information in compliance with WSDOT standards. CONSULTANT shall prepare an AOS for acquisitions valued under $25,000. All forms and documents shall comply with WSDOT standards and in accordance with statutory requirements. 12.2 Temporary Construction Easements and Right of Entry The CONSULTANT shall develop up to ten Temporary Construction Easements (TCE) and up to 5 right of entry exhibits to support the project and shall be submitted to the City near the 60 % Milestone for review and comment. Temporary Construction easements are anticipated along the right of way limits for property conformance needs. PORT ORCHARD SR166 RECONSTRUCTION - SCOPE OF WORK 37 KPFF CONSULTING ENGINEERS DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D 12.3 Acquisition Services CONSULTANT will assist the Agency in developing all right-of-way documents/offer letters in accordance with the Agency's right-of-way procedures manual for acquisition of impacted properties. CONSULTANT will draft the acquisition documents using City approved forms or QC any forms that are created directly by City staff for pre - acquisition review by the WSDOT LPA coordinator before any offers are made to property owners. CONSULTANT agents will act in good faith at all times and never coerce owners. Consultant shall begin the negotiation process with each owner with an in -person presentation of all offers, when feasible. CONSULTANT shall identify property owner issues, concerns and differences early on and document that information in the individual parcel negotiation diaries. CONSULTANT will work with Agency staff throughout the negotiation process with the property owner until settlement is reached on each parcel or an impasse is reached. If it becomes apparent that negotiations have reached an impasse and sufficient time has passed for the property owner to make a settlement decision, CONSULTANT shall provide written notice to City staff of the impasse in negotiations. The CONSULTANT shall 1. conduct a minimum of three (3) significant and meaningful contacts with each property owner before recommendation of impasse in negotiations for up to six property owners. 2. Set up and maintain complete real property acquisition files for each impacted tax parcel or larger parcel. 3. Prepare Administrative Settlement Justification statements for up to ten (10) properties. 4. assemble the project's final parcel files and draft the supporting certification memo and property interest's summary. CONSULTANT will maintain constant contact with the local WSDOT Local Agency Ccoordinator throughout the project, follow the WSDOT LAG manual and Uniform Act guidelines, and use the prescribed right-of-way documents with as little deviation as possible. 5. transmit the signed conveyance documents and payment requests to the City for approval and processing. 6. do due diligence in obtaining and researching last recorded vesting to verify ownership for each parcel. 7. Make a recommendation for appraisal consultants to the City, if needed. Assumption(s): No title reports will be required for this work and escrow will not be required at closing. 2. The City will establish and communicate just compensation to the CONSULTANT. PORT ORCHARD SR166 RECONSTRUCTION - SCOPE OF WORK 38 KPFF CONSULTING ENGINEERS DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D 3. The City will record conveyance documents and make payment for any and all compensation payments to property owners. The City will pay for all fees charged by trustees, and/or beneficiaries to clear encumbrances of record and other closing costs such as title policies, recording fees, and escrow fees if applicable. 4. Contractors working on City projects are not required to have rights of entry or temporary easements to work within City Right of way or Property. Deliverable(s) 1. ROW Funding Estimate 2. Up to fifteen (10) Temporary Construction Easement Exhibits 3. Up to five (5) right of entry exhibits 4. Property owner contact list, monthly summaries, initial schedule and updates on review and issuance status. 5. Meeting notes from pre -application meetings or inquiries from the City of Port Orchard planning department. One (1) electronic copy of complete real property acquisition files for the project and up to fifteen (15) parcels as well as all original, signed conveyance documents required for recording and any other original documents required to comprise a complete property acquisition record. 6. Written counteroffer(s) and acceptances from property owners including supporting documentation and the CONSULTANT's recommendation with regard to justification for administrative settlements. Task 13: Construction Management 13.1 Reserved PORT ORCHARD SR166 RECONSTRUCTION - SCOPE OF WORK 39 KPFF CONSULTING ENGINEERS DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D Port Orchard SR166 Survey Pickup Exhibit Extend survey 50 feet beyond right ' Survey Pickup Area of way intoo parking lots ;� ° ;.' r. 4 Existing City Well-2- , or s.• 9.. _ iQV I66 #. . ♦ A, Robert Ge' er St { JP ir -_ - -� �;� � . �Y•.-�rr; 'key � :, ' _ Develop SR 166 Right of Way ti �. 4 t = Survey - AM' - ,:r, � - - •�.• Pick up utility61 � KitsaP St cleanouts in Dick Vist Motor Lot and 4 s, 5'`� - . all other utility r structures �a- 5 :.. a y Y Dekalb Street r Tugboat Alleyjimmh� -loft'= x uWk - � ❑ � _ yr , �' '� ,f {• a� � Dwight St _� h. }MF +_tlit Fft ,-'� Survey City lot. R- _ `- �`,7- � ; ;� with well on it and __ .'- i' tugboat alley right �,;:. .. ' _ of way to Cline ,. :}-: �''- - � F4'. Y -„fir„*• - � ' u -- --►- s_ ;. -.r Street _ = DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D Exhibit B DBE Participation This project has a stated DBE goal for the consultant agreement of 16%. See attached DBE/UDBE inclusion plan prepared by KPFF Consulting Engineers. Agreement Number: Exhibit B - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Page 1 of 1 DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D KPFF Consulting Engineers DBE PARTICPATION / INCLUSION PLAN Agency - City of Port Orchard Project - SR166/Bay Street Reconstruction 1- Voluntary Participation Targets This project, which has been awarded to CONSULTANT, has a DBE goal of 16.0% documented within the City of Port Orchard's SR166/Bay Street Reconstruction Request for A&E professional Services Qualifications. This goal is based on a percentage of the total contract value of this project, inclusive of subsequent changes, of the assumed scope of work. This project has federal funding. 2 - Diverse Business Subcontractors CONSULTANT anticipates utilizing the following certified small and diverse firms as subcontractors/suppliers on this project with good faith efforts to share work as noted below: Est D Work Concord Traffic and Illumination 6.9% X X X Engineering Inc Engineering Equinox Research Cultural Resources 1.8% X X X and Consulting International, Inc. HWA GeoSciences, Geotechnical Engineering 8.0% X x X Inc RES Group NW, LLC Real Estate Services 5.9% X x x Stepherson & Outreach and Public Engagement 1.9% X X Associates Communications Inc Total DBE Participation Plan 24.5 CONSULTANT will utilize the following efforts to meet or exceed the DBE DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D Participation goal: • Provide opportunities for the above listed firms to perform all services required by the project related to the scope of work and qualifications noted in the table above • Provide other consultants who qualify for small and diverse firms opportunities for work related to the project not currently identified within the project scope or request qualifications information. 3 - Strategies In general, CONSULTANT will work to meet the goal by utilizing the following methods: Provide opportunities for the above listed firms to perform all services required by the project related to the scope of work and qualifications noted in the table above If additional opportunities arise not currently identified within the project scope, we will reach out to qualified small and diverse firms for any additional services before reaching out to other firms. 4 - Mentoring and Training CONSULTANT will work to further mentoring, training, and capacity building programs by utilizing the following methods: Provide sub consultants leadership roles within the project, including significant face to face relationship building opportunities with the City of Port Orchard, WSDOT, other stakeholders and KPFF team members Provide opportunities for the above listed firms to perform all services required by the project related to the scope of work and qualifications noted in the table above 5 - Prompt Payment and Dispute Resolution CONSULTANT will ensure prompt payment of all subcontractors and return retainage by using the following methods: • KPFF's utilizes the commercial accounting software BST-10, a fully integrated accounting platform. Once KPFF receives and processes payments from a client, BST will automatically initiate payment for all sub - consultants on the next Friday. • KPFF's Chief Financial Officer is responsible for ensuring prompt payment on all contracts and ensuring our accounting and automatic payment process is performing as expected. • KPFF's project manager is responsible for contacting sub consultants who report outstanding invoices if prompt payments have been made by KPFF but not received or reported as received by sub consultants. If payment is contested or other disputes arise, CONSULTANT will DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D resolve disputes by utilizing the following methods: • All disputes between sub consultants and KPFF are addressed in face-to- face communications, with a goal of resolving issues fairly. We want to treat others as we would like to be treated. If this effort does not resolve a topic, non -binding mediation will be used. Our proposed dispute handling process with sub consultants is noted below. The Subconsultant shall make no claim against KPFF without first providing KPFF with a written notice of damages and providing KPFF thirty (30) days to cure before an action is commenced. KPFF shall make no claim against Subconsultant without first providing Subconsultant with a written certification from an independent professional, licensed and practicing in the field of Subconsultant and in the state where the Project is located, stating the basis for the alleged claim. This certificate shall be provided by KPFF not less than thirty (30) days prior to the presentation of any claim. 6 — MSVWBE Outreach To date, CONSULTANT has utilized the following methods to perform outreach to the DBE community and inform firms of the opportunity to work as subcontractors/subconsultants on the project: KPFF contacted over four professional service firms directly via phone and email when developing a proposal to the City issued project RFP once an opportunity for collaboration was identified. Firms who meet the professional qualifications with the availability to meet the project needs in terms of staffing and who confirmed an interest to join a KPFF primed team joined our team. KPFF has long term relationships with many DBE firms and continues to reach out to this community through several networking events, participation in ASCE, APWA and ACEC community events and uses these events as opportunities to build relationships within the UDBE community. In the future, CONSULTANT anticipates utilizing the following methods to perform outreach to UDBE subcontractors/subconsultants and inform them of upcoming opportunities on the project: KPFF participates in various industry meet and greets and networking opportunities, including UDBE inclusion events to develop new teaming opportunities with potential new sub -consultants met at these events. We encourage UDBE firms that are new to us to reach out with potential opportunities and place value in fostering these new relationships. KPFF also regularly utilizes the local (City of Seattle, King County), State (Washington State Office of Minority and Women's Business Enterprises), and federal tools (dsbs.sba.gov) to identify qualified firms and contacts firms directly when a client needs additional services. KPFF has long term relationships with many UDBE firms and continues to reach out to this community through several networking events, participation in ASCE, APWA and ACEC community events and uses these DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D events as opportunities to build relationships within the MSVWBE community. CONSULTANT anticipates utilizing the following methods to ensure that small businesses have enough time and information to provide it with bids or statements of qualifications: • KPFF participates in various industry meet and greets and networking opportunities, including UDBE inclusion events to develop new teaming opportunities with potential new sub -consultants and existing sub - consultants at these events. We encourage UDBE firms that are new to us to reach out with potential opportunities and place value in fostering these new relationships. • KPFF regularly meets with new and existing qualified sub -consultants to identify opportunities for partnership and strengthen relationships. CONSULTANT anticipates utilizing the following methods to ensure small businesses understand the schedule and project processes and can learn ways to enhance their capabilities: • We share contract information, such as Request for Proposals, directly with our sub consultants when forming a teaming arrangement, and go over schedule requirements, expectations, and project roles. CONSULTANT anticipates utilizing the following methods to create subcontract packages that create opportunities and allow for the participation of small and diverse businesses: • Provide opportunities for the above listed firms to perform all services required by the project related to the scope of work and qualifications noted in the table above • Provide opportunities for potential additional work outside the current scope of work to other qualified UDBE firms before reaching out to other UDBE firms. 7 — Diversity Expert CONSULTANT will utilize the following individuals as experts on diverse businesses and to help manage the processes listed in this plan: CONSULTANT offers the following diversity expert resources: A KPFF project coordinator with diverse business participation reporting experience and experience in Diversity Compliance Management Systems (DCMS) reporting. The project coordinator will have the support of other project coordinators also familiar in diversity business processes and practices. This project coordinator is Carinna Lee currently who has experience reporting participation on similar projects with similar sized agencies. 8 — Past Performance DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D CONSULTANT has completed the following projects that achieved diverse business participation in the past five years. A few examples below. The table below shows our inclusion performance on current public agency projects. Table 1 — MSVWBE Inclusion Performance on Current WSDOT Contracts Project Name Owner % of Final Contract Total MWBE Utilization Amount Dollars Spent Mercer Avenue West Seattle Department o 14/oDBE $12,373,900 $1,732,346 of Transportation Greenlake AAC Seattle Department 19% WMBE $436,239 $81,914 of Transportation Montlake Hub Capital Seattle Department 47% WMBE $696,111 $328,629 Improvements of Transportation Rainier Transit Plus Seattle Department 25% WMBE $197,189 $50,914 Multimodal Corridor of Transportation Federal Way Transit Sound Transit 20% S/DBE $1,780,000 $356,000 Center Achieved NAVFAC NW Land/ US Navy 39.2% DBE $4,356,273 $1,707,659 Water Interface DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D 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 AutoCAD 2020 Civil 3d 2020 Horizontal Control: Washington State Plane Coord NAD 83/11 Vertical Control: North American Vertical Datum of 1988 (NAVD-88) Survey data shall be provided using a Computer Aided Drafting (CAD) File submittal. B. Roadway Design Files AutoCAD/Civil 3d 2020 file format Upon request, Roadway design files shall be electronically submitted using an "e-transmit" submittal process. C. Computer Aided Drafting Files AutoCAD/Civil 3d 2020 file format Agreement Number: Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Page 1 of 4 DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D D. Specify the Agency's Right to Review Product with the Consultant The Agency reserves the right to review Consultant work at milestone submittal dates, as noted in the project scope of work and other mutually agreeable times. E. Specify the Electronic Deliverables to Be Provided to the Agency Electronic versions of deliverables (reports, plans, drawings) shall be provided to the agency as noted in the scope of work. F. Specify What Agency Furnished Services and Information Is to Be Provided As noted in the project scope. Agreement Number: Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Page 2 of 4 DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D IL Any Other Electronic Files to Be Provided As needed to support project delivery III. Methods to Electronically Exchange Data Data shall be transfered via a file sharing site, such as Microsoft Sharepoint as a first preference. Email, while not preferred, shall be acceptable if time is of the essence. Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Page 3 of 4 DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D A. Agency Software Suite City of Port Orchard software suite is Microsoft Office. Operating system shall be Windows platform. PDF review sessions shall be on Bluebeam Revu. B. Electronic Messaging System The City of Port Orchard shall uses Microsoft outlook email. All emails are subject to public records request. C. File Transfers Format See previous entries above. Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Page 4 of 4 DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D Exhibit D See Attached Prime Consultant Cost Computations Agreement Number: Exhibit D - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Page 1 of 1 DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D Summary Info Fee Proposal Port Orchard SR166 Reconstruction KPFF Consulting Engineers and Subconsultants Description KPFF KPFF - Survey Concord ESA Equinox HWA KPG Psomas RES Stepherson Total Cost Task 1 Project Management $ 69,121.99 $ - $ 7,208.44 $ 5,784.93 $ 9,621.62 $ 8,798.54 $ - $ 5,090.72 $ 105,626.25 1.1 Contract Admin $ 23,991.97 $ - $ 4,874.56 $ 4,323.54 $ $ 8,368.42 $ 6,860.03 $ - $ 4,414.53 $ 52,833.05 1.2 Project Management Plan $ 7,339.88 $ - $ 1,004.46 $ $ $ - $ - $ - $ 225.40 $ 8,569.74 1.3 Subconsultant Managemenl $ 8,335.91 $ $ $ $ $ $ $ $ $ 8,335.91 1.4 Coordination Meetings $ 29,454.23 $ - $ 1,329.43 $ 1,461.39 $ $ 1,253.20 $ 1,938.51 $ - $ 450.80 $ 35,887.56 Task 2 Data Collection $ 7,340.90 $ 45,466.28 $ 3,190.62 $ $ $ $ $ $ 55,997.81 2.1 Data Collection $ 7,340.90 $ - $ 3,190.62 $ $ $ - $ - $ - $ - $ 10,531.52 2.2 Survey $ - $ 45,466.28 $ - $ $ $ - $ - $ - $ - $ 45,466.28 Task 3 Icommunity Outreach $ 10,185.70 $ $ $ $ - $ 4,485.47 $ - $ 14,859.57 $ 29,530.74 3.1 Public Outreach Engagement Plan $ 2,589.87 $ - $ - $ $ $ - $ - $ - $ 3,576.18 $ 6,166.05 3.2 Project Steering Committee $ 5,777.66 $ - $ - $ $ $ - $ 923.91 $ - $ 1,352.39 $ 8,053.96 3.3 Virtual Engagement $ 1,818.17 $ - $ - $ $ $ - $ 3,561.57 $ - $ 6,346.53 $ 11,726.26 3.4 Project Advertising and Public En a emenl $ - $ - $ - $ $ $ - $ - $ - $ 3,584.47 $ 3,584.47 Task 4 PS & E Design $ 426,157.82 $ $ 3,899.65 $ $ $ 11,796.16 $ $ $ 441,853.64 4.1 Basis of Design $ 6,702.16 $ - $ 2,304.34 $ $ $ - $ 712.31 $ - $ $ 9,718.82 4.2 30%Concept Design $ 105,878.38 $ - $ - $ $ $ - $ 10,467.91 $ - $ - $ 116,346.29 4.3 SR 116 PS&E $ 256,703.88 $ - $ - $ $ $ - $ - $ - $ - $ 256,703.88 4.4 Quality Managemenl $ 15,383.57 $ - $ - $ $ $ - $ - $ - $ - $ 15,383.57 4.5 Stormwater Report $ 36,333.40 $ - $ - $ $ $ - $ - $ - $ - $ 36,333.40 4.6 Bid Support Services $ 5,156.44 $ - $ 1,595.31 $ $ $ - $ 615.94 $ - $ $ 7,367.69 Task 5 Utility Relocation PS&E $ 81,781.43 $ $ $ $ $ $ $ $ 5.1 Utility Basis of Design $ 4,690.62 $ - $ - $ $ $ - $ - $ - $ $ 4,690.62 5.2 Utility Relocation Coordination $ 11,665.85 $ - $ - $ $ $ - $ - $ - $ - $ 11,665.85 5.3 Utility Concept Design $ 16,504.50 $ - $ - $ $ $ - $ - $ - $ - $ 16,504.50 5.4 Early Utility Relocation PS&E $ 48,920.46 $ - $ - $ $ $ - $ - $ - $ - $ 48,920.46 Task 6 Early Utility Relocation Environmental Services $ 21,439.45 $ $ $ 18,499.78 $ 8,206.47 $ $ $ $ $ 48,145.71 6.1 Cultural Resource Services $ - $ - $ - $ $ 8,206.47 $ - $ - $ - $ $ 8,206.47 6.2 SEPA Documents $ - $ - $ - $ 3,721.40 $ $ - $ - $ - $ $ 3,721.40 6.3 Permitting Support $ 21,439.45 $ - $ - $ 14,778.38 $ $ - $ - $ - $ - $ 36,217.84 0 Task 7 Environmental Services $ 23,074.56 $ $ $ 54,312.16 $ 6,998.90 $ $ - $ $ - $ 84,385.61 7.1 Cultural Resource Services $ - $ - $ - $ $ 6,998.90 $ - $ - $ - $ $ 6,998.90 7.2 NEPA Documents $ . $ - $ - $ 44,649.29 $ $ - $ - $ - $ - $ 44,649.29 7.3 Permitting Support $ 23,074.56 $ - $ - $ 9,662.87 $ $ - $ - $ - $ - $ 32,737.42 0 Task 8 Geotechnicel Evaluation Services $ $ $ $ 59,421.94 $ - $ $ $ 59,421.84 8.1 Geotechnical Services $ - $ - $ - $ $ $ 50,461.81 $ - $ - $ - $ 50,461.81 8.2 Hazardous Materials Review $ - $ - $ - $ $ $ 8,960.03 $ - $ - $ $ 8,960.03 Task 9 Traffic and Illumination $ $ 61,449.02 $ $ $ 615.94 $ $ $ 62,064.96 9.1 Traffic Analysis $ - $ - $ 4,165.53 $ $ $ - $ . $ - $ $ 4,165.53 9.2 Illumination Evaluation and Coordination $ - $ - $ 20,089.10 $ $ $ - $ 615.94 $ - $ - $ 20,705.04 9.3 Illumination PS&E $ - $ - $ 37,194.39 $ $ $ - $ - $ - $ $ 37,194.39 Task 10 10.1 WSDOT Coordination WSDOT Coordination $ 34,198.07 $ $ $ - $ - $ - $ $ 34,198.07 $ 5,341.37 $ - $ - $ $ $ - $ - $ - $ $ 5,341.37 10.2 WSDOT Chan Plan for Approval $ 28,856.70 $ - $ - $ $ $ - $ - $ - $ - $ 28,856.70 Task 11 Landscape Architecture $ $ $ $ - $ 58,580.82 $ - $ $ 58,580.82 11.1 Landscape Design $ $ - $ - $ $ $ - $ 28,379.49 $ - $ - $ 28,379.49 11.2 Urban Design $ - $ - $ - $ $ $ - $ 30,201.33 $ - $ - $ 30,201.33 Task 12 Real Estate Services $ 14,420.24 $ - $ $ - $ - $ 54,358.82 $ $ 68,779.06 12.1 Preliminary ROW Services $ - $ - $ - $ $ $ - $ - $ 7,156.48 $ $ 7,156.48 12.2 Temporary Construction Easements $ 14,420.24 $ - $ - $ $ $ - $ - $ - $ - $ 14,420.24 12.3 Acquisition Services $ - $ - $ - $ $ $ - $ - $ 47,202.34 $ - $ 47,202.34 Task 13 Construction Management $ $ $ $ $ $ $ $ 13.1 RESERVED $ $ S $ $ - $ - $ - $ $ Total Labor Cost by Firm $ 687,720.17 $ 45,466.28 $ 75,747.74 $ 78,596.87 $ 15,205.371 $ 69,043.45 $ 84,276.94 $ 54,358.82 $ 19,950.29 $ 1,130,365.93 Reimbursable Costs by Firm 1 $ 655.00 1 $ 6,000.00 1 $ 6,117.90 1 $ 587.20 1 $ 6,128.80 1 $ 26,256.36 1 $ $ 16,345.00 1 $ 2,180.00 $ 64,270.26 Management Reserve Project Budget with Reserve 1,194,636.19 - $ 112,370.40 - $ 1,307,006.59 Page 1 of 1 DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D KPFF Excludina Survev Work Only aalry SI°r^�wabr Dwi9n Senlx Dwi>A lre $howllne Prolecl DxwiptioNrlN Nobs ManlMx PM Lwtl Coil uw Engl,wrll EnBireer ll PnnrJPM Enelnwrl -WrmittiNin9 PermaOrM CADDMbr Coertlinator Tool Oirx[Selary T-DS-Hpx -Fwpx (Utility) Lwd $o ,t Tebl xaurs WA Dx (Tst53) Twk Task Total perTwk Emplo Pat Si.. John MrAlillan Crory Jmwk Chn-9 galena Ricci. Brian Bamaky Dawn Li Nnabn Bemabaa MidxelW Corinne Lae WwalmM Clapham IO.-. Nang Task1 434 $ 24891.B8 $ 36.981.1] $ 61,353.15 $ ],]6885 $ 69,121,83 cProontraa��memwl Ran t4 $ 36 $ 2 $ 08 $ et $ 4 $ 93 $ 54 $ 5 $ $ 11 fA SuppmsW-Mans w120 CoominaOm Meetln 00 54.W 40 00 60 $ 0 $ 0 $ 1 $ e $ 1 $ 8 $ 0 $ e $ $ Taslrf Dab Co11-n $ ?590A8 $ 3,92535 $ 851583 $ 8250] $ ],3W80 $ e S $ 35 $ $ 83 $ $ 0 ] $ $ $ Task3 Cxnmonl 0- 54 $ 3,59488 $ 84853 $ 9,04089 $ 1,14.80 $ 10,te5]0 32 blic OurreacM1 En a emenl Plan toW $ 2 $ 4 $ 85 3 45 $ ]e $ 29 $ e g ] $ g s $ 0 $ $ z2 $ $ 82 $ $ 5 S $ $ Twk4 ME Owl n 2881 $ 150.1. $ 22],876.69 $ 378,260.% $ 47.0726 $ 428167.82 4.1 ff 90%sConOces'D 18W 8650 9500 400 18]50 400 4o0p $ 8 $ 9 $ 81 $ e $ 89 $ 6 $ e $ 2 $211 $ 4.3 R 116 PSSE Ouall Man amen 255.00 29000 450.00 20oo }80 $ 5 $ o $ 5 $ 95 $ 0 3 56 $ 28.8510I8 $ 1]2901 $ $ 4.5 4.1 $t-.-Re d Bid Su on SeMces d0.00 tow woo 4W Koo d000 800 1800 400 256 $ 4 $ 2 $ 3 $ } $ ] $ 9 $ 4,00863 $ s)e55 $ $ Task 5 Earl U1111 Relaca0w ME 508 $ 288 M $ 43,]30.4] $ ]?589.]5 $ 9.191 BB $ 81,]81 A3 rots of Desln 8W 000 400 $ 4 $ 9 $ 4a $ 9 51116 $ U011 RebgOon CaMbalbn 8W 60.00 800 $ 13 $Cl $ 11 15 11 $ $ 5.1 SA U611 Ca IDeal n Ea UW" RMoullon PSSE 4800 4000 2Io00 800 8810 $ 6 $ 0 $ 5 $ 3 $ 14,64$51 $ 43422.13 $ 1,854.98 $ 549833 $ $ T4 Uty UtilityRelocaBon Eb-.nbl I 756562 $ 11,49418 $ 19,02880 $ 240865 $ 21p39.45 urce Se,vlcw $ $ $ $ $ $ $ $ $ 24 W 153 7 56562 $ 1146418 $ 80 $ 65 $ 2143945 cask} Ewironmenbl3ervkes Culwrel Resource Services 161 $ 8,14262 $ $ 12,33851 $ $ 20p81.13 $ $ 259842 3 $ 23,074.56 $ 7.2 u0n $uenM1 teW $ $ s2 $ $ 51 $ $ a $ 3 42 $ $ T-S GeotechniplEglPNwServices 0 $ $ $ $ $ 1.2 icalBU $ $ $ $ $ $ $ $ $ $ iask9 TM6c and lllumin4lon 0 $ $ $ $ $ Trd$ -1 sls na Ccorainatlon $ $ $ $ $ $ $ $ 3 3 on PSeEatlon $ $ $ $ 3 Twk 10 W$DOTC -.I0w M. CooNInd110n 24 $ 12A6]B2 $ e $ 18.286.52 $ 5 $ 30854A4 $ 04 $ 3,8 m $ 3 $ 34,1980] $ 10.2 w3DOT CM1an Plen lb,$ 04 $ 35 3 40 $ 3 N33a $.85170 Twk 11 -- eArc 1-m 0 $ 3 $ $ $ 1- $ 3 $ 3 L.. 3 $ $ 3 3 Twk 12 ReM Esbb Bervlcea s $ 6 3 $ 771085 $ $ 12 ]9B.51 $ $ 1,62874 $ $ 14420.24 121 121 TemmOra Cons." , Eaw- oleNon Bervlces 2810 8000 $ 6 3 6 $ s $ e $ 1?]99.51 $ $ Tfi- $ $ $ Twk 13 Carebodlw Mare emwt 0 $ $ $ $ $ $ $ $ $ 4,412.00 $ 235,11318 $ H11,2709 $ 591,39526 $ 14,885.46 6 687,728f] Tobl H.- par Bfi 174 570 4i} 101 54 2. ]1fi M TI 693 STd $ 4,585.0p Sub-iobls$ $ 36.06 $ d1]1 Correnl Houd Ratesrso $ ]9.33 $ 80.20 $ 8828 $ 53.00 $ 5868 $ 4]89 $ }212 $ 38.0=$7,561.43 13954.80 $ 4T,43866 $ 25,2810$ 3T.T481 $ 2fi OS?16 $ 14T1248 $ 28p0T60 $ 2,660.4 $ 28.90503 242,684.80eadCost 15153 d DSC % $ 1083]BS $ 1 3 ] 2 $ 3080830 $ s 9 $ a 4 $ 22293.82 $ 4 8 $ d,4849 $ d3.]9s.7' 35DSGOH 1116033 $ 1 $ 11 ] $ 63,58B30 $ 9 0 $ fi 0 $ 3 8 $ 8,I11.93 $ ]2,]0482 fitS M oI DSC % $ 2,1]?93 $ 0 $ 1 2 $ 8,05200 $ 1 1 $ 1 8 2 $ 3 $ 849.50 $ 11 25 ]enetl Rafe$ 19,33826 $ 1 $ 13 9 $ 71,6480 $ 10 1 $ ] 1 $ 4 3 $ e 2 $ 7,56183 $ 81:91107 fieBummed Labor Cost $ $ 1 $ 13 9 $ 7101.311$ 1111 $ T 1 $ 4 3 $ e, B$ 7$ T,561.83 $ 81,911.0T 6B BUREABLE$ SobTobl li. (1,unthy nN UnN Wst Miba 10m ML $ C86 $ s55.00 wl $ 1.5153 Total Pro'ecl Costs $ 666,375 DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D KPFF - Survey Work Only Aa.aiab Sanim Pmjad Pml.d pAp pMyr Crmo CM1Me InsirumeM D—,ipfi—ft Ndn Pd-11l Survey Survey 8urveror Surveyx Person Td.l Ural Tool I,— Tdal Fae per iWlxOun OX 11.5153) °i•l Per Taak SalaryGat per Task Taak Cla SwtICW Tom Smfl Tmm nnw Bntl pilbn LinMry H...n Rdble[kl Almendln ao Empbyee C'bmn. M1apman Taek1 pro ed Wna emeni 0 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ bnr Man — on 0 0 $ $ $ $ $ $ $ $ $ $ Ta.k2 Dab Colkcllon 336 $ 18.04/.28 $ 24,311,fio $ 40,3W.18 $ 511010 $ 45,49628 $ $ 28 $ $ 0 $ $ e $ $ 0 $ $ Task) Common 0—h 0 $ $ $ $ $ bll[O,—h Enaamen)Plan $ $ $ $ $ $ $ $ $ $ clt OUVeacM1eGra M1ln $ $ $ $ $ $ $ $ $ $ Task4 MEDeal n $ $ $ $ $ $ $ $ $ $ $ $ $ to PSflEn0 Oust Mare ant0 $ $ $ $ $ $ $ $ $ $ Sbmrc IR oR NSu ,1 0 $ $ 5 $ $ $ $ $ $ $ Tavk6 E WI Relo[dlon PS $ $ $ $ $ B.1 sls of Dasi n $ S $ S 3 B2 on Coorainatlon $ S $ S 3 B3 on Cance Ioesl n $ $ $ $ 3 Teske Relo[dlon EnvlronmeMal S-1— $ $ $ $ 5 $ $ $ $ $ $ $ $ $ $ $ $ $ TaekS Emlm ..e $ervlon $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 3 Taak] GeobMnlcal Evaluaibn Servkea $ $ $ $ $ $ $ $ $ $ $ $ $ Tsskb Tmfll[aM llluminatlon $ $ $ $ 5 $ $ $ $ $ $ $ $ $ $ $ Trk0 NMOOi C-1 ndlon WSDOT CooMin- 0$ $ $ $ $ $ $ $ 5 $ 1.2 WSDOT CM1an Plan fo,A ro Taak 14 S $ $ $ $ $ $ $ $ $ $ $ Taak 11 S $ $ $ $ $ $ $ 5 22 o�n Eaxmenb $ $ $ $ $ Taak 12 Condm[tlon Mana ement $ $ $ $ $ $ $ $ 3" 16044 24312 40356 1 5110 $ 45,466.28 — H.— M L Sfi 0 88 1. 1.4 0 0 09600 G-1 Hour) Raba $ 8173 $ 53.o7 $ 51 Ao $ 43W $ 0 $ 37W S Dlred Sab Cost DSC $ 634W $ 1,2]388 $ 2,85800 $ $ 0 $ 3,% w $ 2,eW00 $ $ $ $ 1 a OveMem Cost 15t 53 MOSC n $ 1 $ 1,B30.o1 $ 0 $ $ e $ ] $ 4,93- $ S $ $ 2 D... S 51 $ 3,s0389 $ 1 $ $ es $ e] $ 11 $ S $ $ 40,358t8 Pea 03t86ofosC cs S 62 $ 405-82 $ 4 $ $ 2 $ 4215 $ S1o.31 $ S $ $ 6,110.10 Full BUMenetl Rale $ 3 $ 3,WY36 $ 3 $ $ S $ 1 2 $ 8,1" $ $ $ $ 454" $obTO l B.M.- labor Coal $ ]3.t3 $ 3A" $ 3 S $ e $ 1 051.62 $ 6,1p46T $ $ $ $ 4548.28 REIMBURSABLE$ SabTobl Qo Unll Unll Cod Mllea e 0 ML $ oA $ WWI— 48 HR $ Moo $ B,WBW S S S $ ff bl S , 1.5153 Total Pra ebt C0at3 $ 51,466 DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D Exhibit E Sub -consultant Cost Computations If no sub -consultant participation at this time. The CONSULTANT shall not sub -contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. Refer to section VI "Sub -Contracting" of this AGREEMENT. See Attached Agreement Number: Exhibit E - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Page 1 of 1 DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D DnaoripYOMM. Notes Prmcipel. QC Sanmr AewMam Aseiemnl Pagxi TiBe mi. TM. TM. Till. Diii eer Enelnen E,,g1wr CPPMI— iWlxOun Tam'DIreM OH lt.t6fe) Tom-DS—H TMel Fae per wlPeriask SalaryCW per Task T»k EmPmkee %i.pi. Syad ReW . Wei Dirr9 Fbrense hdy Gail- 11- S1eB 11- SmB Simf D n3 CM1Pn3 Taekt PmW meet 47 $ 2,92800 $ 3,40204 $ 6X004 $ 8T840 $ T,208W 1.3 ent Pmn4. 1200 1 1 $ 00 $ 0 $ 56 $ z4T406 $ 58 $ e $ 00 $ 0 $ $ 1.00448 metam Man emaM lon Meeen s 5 1 $ $ 00 $ $ 82743 $ $ 1,16743 $ $ 162 00 $ $ 132843 Oam COIIeMIan $ 1,298.00 $ 1,50582 $ 2,00192 $ 38800 $ 3.19062 BW $ 00 $ $ 82 $ $ 82 $ $ BO $ $ $ Task3 Common O—h 0 $ $ $ $ $ bllo 0-1, En cement Plan $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Task4 P$&E Oesl n 20 $ 1,504.00 $ 1.$ 3,424I5 $ 4T520 $ 3.09885 30%sC=PtOes n 4W $ 00 $ $ 54 $ $ 54 $ $ BO $ $ $ SR116PS&E Coat Mana ement $ $ $ $ $ 3 $ $ $ $ Shmnvahrxe on RX $u 4W 400 3 $ $ 64800 $ $ t $ $ 1,40091 $ $ 1.40 $ $ 1,59531 T Ea UM RelapMlm P$&E $ $ $ $ 5 5.1 $ $ $ $ $ 5.2 own Goortlire0on �t $ $ $ $ $ 5.3 SA me ell ReM" PSBE $ $ $ $ $ $ $ $ $ $ Tak5 Ea omrvce $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Taeke EnalmnmeMM Bervlcea SIIIII $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Task] G,O ni.A-1a .tmn Services 0 $ $ $ $ $ 7.1 $ $ $ $ $ $ $ $ $ Task$ TmiflnaM lHl n4.n 358 $ 21,880.00 $ 29,0G102 $ 53,88102 $ ]./88,00 $ 81.44802 21 ea0 fim 1406 1 41 2 0 3 00 $ 00 $ 9a $ D $ 93 $ 0 $ e0 $ D $ g 2400 s0W $ D0 $ 9 g 99 g D g Tasks WSOOTCoOM WSOOTC.Mln-12 0 $ $ $ $ $ $ $ $ $ $ WSOOi CM1an PI Plan forA r0 Task 10 lands .0ii Pre $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Taal 11 ReaIEWmServkes reliml� Services 3 $ $ g $ $ 3 $ $ $122.32 TROW ComWMlon Easemmm Ap uisltlon SHnnes $ $ $ $ $ TW 2 COnetmWOn Man e 0 $ $ $ $ $ 12.1 RE$ERVEO $ $ $ g $ US00 3... 35749 66517 9230 15U95 —1 Houn rw Jd 12D 120 133 2d 0 0 0 0 0 E Cunene Haurl Rahn $ 10200 $ 90.Iq $ 0 $ 4800 $ DIreMSam Cost DSC $ 3,- w $ 10800a0 $ 00 $ 6.304.00 $ 0 $ $ $ $ $ $ 3 16100 IYremeatl co, t18t9 MDSC tt818% $ 28a] $ t2,54e 52 $ t 0] $ ],4t]5] $ t $ $ $ $ $ $ a DSGOH $ ] $ 23,34852 $ t 01 $ 1880 $ 1945 11 $ $ $ $ $ $ E6,Sa].34 Fee 03MDSC 30% $ 40 $ G0 $ a0 $ 1,9t54 $ 270 00 $ $ $ $ $ $ 8230 d0 Ful BUMeratl Ram $ ] $ 2 $ 2 ] $ 15716.]] $ 2215 71 $ $ $ $ $ $ ]6,]4)]4 $ubTPml Burtlemd labor Ceat $ 1,137.11 $ z6,5B3.5z $ .,111.17 $ 16,711.11 $ 2,21E.71 $ $ $ $ $ $ 75,14T.74 REIMBURSABLE$ Sa TPbl Imm Ouaml Unitcon Mlle e180 L $ O80 $ 1ti90 Dam C0lW.. 1MS $ BW000 $ 6AOOa0 $ $ $ $ ml $ ,117.90 1.1619 Total PrG ect C0.t3 S 61,666 DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D m .... : ® • ����������������®®��©®��®mom • GEN= ���®�®���®mom®mom • EMMMF�Emm= Fzm�� ®m��F�� om ENE= Fmmmm��® IMM ®� Page 5 0(13 DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D =KENN= IFEEMM room DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D - -------------------- RYE DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D Deacrlpfi—ft Not» S.nior ROW Agent Ti.. Ti.. .1. TIXa .1. TIXa .1. TIXa TIX. Total Houre Total Direct 9Mary pry lo.8k0) total D9LaOH TotelF»p» Total Poriask Cost per Task Task Emp"k Kn¢X»G..R SteR Stag SteR SMR SteB SbR SXM Stag SbR T»kI proe —ement 0 $ $ $ $ $ t.2 ant Plan0 $ $ $ $ $ $ $ $ $ $ 1.3 t.4 cenw0wl Mena emanl0 Mlnation M»ens0 $ $ $ $ $ S $ $ $ S T»k2 Data Colkctl» 0 $ $ $ $ $ $ $ $ $ $ Tmk3 Commun Dub»cM1 0 $ $ $ $ $ hilt DulreacM1 En a emenl Plan $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ T»k4 P38E Desl n 0 $ $ $ $ $ 12 30%sCmces�l Des n $ $ $ $ $ $ $ $ $ $ 4.3 ♦4 $R 116 PR. OOM Msna ant 0 $ $ $ $ $ $ $ $ $ $ 4.5 9.D SrommvaMrR oR BH $u R$ervXes 0 0 $ $ $ $ $ $ $ $ $ $ T»k5 E,ft MIRy0.elopetl»PRO 0 $ $ $ $ $ 1..1 $ $ $ $ $ 5.2 UOIiI R $ $ $ $ $ 5.2 SA UMI C ESA U0 $ $ $ $ $ $ $ $ $ $ T»k5 Ea UXI Rel»MI»EnvlranmenYl $ $ $ $ $ $ $ $ $ T»k6 EnvlronmeMM Bervlces 0 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Tack] 1 0 $ $ $ $ $ 7.1 $ $ $ $ $ $ $ $ $ $ T»k8 TMRcaM llluminatlon 0 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ T»k0 W$DDTLaoMIn— 0 $ $ $ $ $ $ $ $ $ Tank 10 tantlece ArMXMure 0 $ $ $ $ $ $ $ $ $ T.— 11.t R»I ENate U— Prellmina ROW Services 4100 35/ $ 25,]04,0U $ 3,3841. $ 21,45]]D $ 2.Q496 $ Q,16170 $ 6,20096 $ ],18].12 $ %752 $ 54,35582 $ 11546 11.2 11.3 Tem a aWMlon Easemenb AC Walilon Services 31D00 310 $ 2232000 $ 18.63274 $ 496274 $ 6,249 60 $ 47,2023d T.*12 ConM»Won Man emeM 0 $ $ $ $ $ $ $ $ $ 357.OD 25]04 21450 di162 7197 100118 Total Hours 357 0 0 o 0 o 0 0 0 0 $ CuueniHaA RSNS� $ ]]00 00 00 $ 5$ 5W $ 5$ 5W $ 500 $ 5W $ 500 $ 5w $ Oo 2 DIreMSala Cost DSC $ 25]04.00 $ $ $ $ $ $ $ $ $ 3 OverA»tl COM 383d8MDSC 8548%$ 21 45]]0 1 $ 1 $ 1 $ I$ $ $ $ $ $ 3 2 D$GOH $ ]0 $ $ $ $ $ $ $ $ $ $ 4 Fee g28MDSC M $ 2 $ $ $ $ $ $ $ $ $ $ Ful BUMenM Rak $ 82 $ $ $ $ $ $ $ $ $ $ 5 $ubTotal BUMenetl tabortam $ s43sa.az $ 5 3 5 3 5 3 $ $ $ 5d,3538z REIMBURSABLE$ SubTOYI IMm Du0MnUnft C MI.. $ 65500 RMtl $50$ Perole $ 300.00 $ $ mal $ 0.8348 Total P]g act Coats s 70,]04 DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D D .cnpl—ft Nola Poled 8uaide 11 Senirc _Pei �jed Graphic Cpominmor Aevakk Controls oesl9ner iobl Xoure Told .red OH 11.fi9tt1 Tdd DSCMH Told Fee rer TWIPerTuk Salaryc. per Task Tuk 4npbyee Gillian WYllmB Haman Price Netdie G. 8kposphehreon Pei9e Same. Lynn Paley TaekI PmWMw meM 34 $ 1,]. $ 280]34 $ 4,62859 $ e $ 5,080.]2 cpntrannamin Pmed Mare ent Pkn 1200 2W 4A 12oe $ 4908a $ ]812 $ ?s21.16 $ 128)3 $ o $ 5 $ 3 $ 5 $ 8 SobmnwlMnl Man emaM CaoMiretlon Manna o $ $ 15224 $ $ 11111 $ $ 9 $ $ 4111 $ $ Tuk2 Dab Golkdlon o $ $ $ $ $ 2.1 Data Collection Su $ $ $ $ $ $ $ $ Tuk3 Common Oobeach 188 $ 801828 $ A8 $ 1,5 $ tI,859.5/ b Plan 12M $ ]2 $ 36 $ $ OB $ 31 $ahket $ 24$1,21012 $ 38 $ 53 $ 204111 $ 83 $ 1,217 63 $ 89 321BC $ $ T-4 P88E Desl n o $ $ $ 3 $ 11 sisdoesi n so%—Ptoes e $ $ $ $ $ $ $ $ 3 $ SR 116 PS8E poet Mare $ $ $ $ $ $ $ $ $ 3 SkmmxkrR on BMS NServices $ $ $ $ $ $ $ $ $ $ T S Ea OnI Relttdlm P$. o $ $ $ $ $ 5.1 sls or Desi n o $ $ $ $ 3 5..2 on CooMination o $ $ $ $ 3 5.9 5..4 ubldy Croce t Ns.n on ISM o o $ $ $ $ $ $ $ $ 3 $ Tuk6 Ea Onl 0.elttdlon Envl,nmeMal Services $ $ 1.2 MI Resource Services SE. —I.. $ $ $ $ I $ $ Take 1.1 EnvlrenmeMd Services C-d Resource Services o $ $ $ S $ S $ S $ $ 1.3 noocsuenls $ $ S $ $ S $ $ TukT GeokMnlcd Evalualbn Servke1 o $ $ $ $ $ 7.1 GeM—.-Services $ $ $ $ $ $ $ $ Tuk8 Tre11kaM llluminatlon o $ $ $ $ S- 8.1 rrercla mal aia w na cnom,1- s $ $ $ s s $ $ s s asap s $ s $ s Task0 1.1 WSOOTCpoMlndlm wspor o 0s $ $ $ $ s $ $ S- s —OT Chan Plan ro-a m Task 1. lane ArMnecMre o $ $ $ $ $ $ $ $ $ $ $ $ Task 11 t1.1 Rwl Eebk Servkec PMimina ROW Services o $ $ $ $ $ $ $ $ $ $ 12.1 13.1 Tem re Co—W nEaumenh Ac uisltlon Secncu o n $ $ $ $ $ $ $ $ $ $ T.— Cendrvctbn Mana emeM o $ $ $ $ $ —ERVED$ $ $ $ 1. 6)3) 113. 18131 T819.11 E 19,950.29 Tdal Hoare — 1S 52 2p 13 1R 2S $1A2 Current Haun Raka$ 33.65 $ 38.06 $ $ $ 68.s8 $ 4823 Sub3746 Dlred,W Con .00 2111 $ ItpS.)0 $ 1,8)e12 $ 1,%153 $ 82112 $ $ 13s04a $ 911 22956 IYrernun Cod 16811 dDSC 18811% $ 1,o2a_3o $ 3,3a889 $ 3 $ 1,5s))1 $ 6 $ ?283.)3 $ 1 DSCapH $ 1,630W Fee 02)d DSC 2]% $ 183.54 $ 53436 $ 31158 $ 24870 $ 196 31 $ U4.62 $ 1819 11 Nly BmtlaneH Rob $ t]93.5a $ ] $ 3417 11 $ 2,tt753 $ 2 152 96 $ 3,898)8 $ 1 SubTobl Bumenen laborGut $ 1,]9151 $ 5,86o.37 $ 3,417.11 $ 2,227.% $ 6 $ 3,988.79 $ 1 REIMSMRSASLE$ - Tobl Q— LIM On1tCM loco ML $ 066 $ 655.o0 plea B Parkin 20 $ 2o.00 $ -o oo u WFIA 1 tS $ I. w $ 1,-o- Limihtllnlquu -non 500 $ on $ 12s oo bl $ 1.7684 T.W PrD ect Coate 3 33,130 DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D 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 A&E Professional Services Cost Agreement Number Plus Fred Fee Consultant Agreement Revised 0210112021 DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D 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 A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0210112021 DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D Exhibit G Certification Documents Exhibit G-1(a) Certification of Consultant Exhibit G-1(b) Certification of Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying Exhibit G-4 Certificate of Current Cost or Pricing Data Agreement Number: Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Page 1 of 1 DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D Exhibit G-1(a) Certification of Consultant I hereby certify that I am the and duly authorized representative of the firm of KPFF, Inc. whose address is 1601 Fifth Avenue, Suite 1600, Seattle, WA 98101 and that neither the above firm nor I have: a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure this AGREEMENT; b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any); I acknowledge that this certificate is to be furnished to the City of Port Orchard and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. KPFF, Inc Consultant (Firm Name) WtrI Si nature (Authorized Official of Consultant) 12-6-2023 Date Agreement Number: Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D Exhibit G-1(b) Certification of City of Port orchard I hereby certify that I am the: ❑,/ To be filled in by the City Staff ❑ Other of the City of Port Orchard , and City of Port Orchard 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. Signature Date Agreement Number: Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; B. Have not within a three (3) year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State anti-trust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and D. Have not within a three (3) year period preceding this application / proposal had one or more public transactions (Federal, State and local) terminated for cause or default. II. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. KPFF, Inc. Consultant (Firm Name) S' nature (Authorized Official of Consultant) 11 /2/2023 Date Agreement Number: Exhibit G -Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02101/2021 DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D 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. KPFF, Inc. Consultant (Firm Name) Q rn` Signature (Authorized Official of Consultant) 11 /2/2023 Date Agreement Number: Exhibit G -Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02101/2021 DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D 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 SR166/Bay Street Reconstruction * are accurate, complete, and current as of November 2nd, 2023 **. This certification includes the cost or pricing data supporting any advance AGREEMENT's and forward pricing rate AGREEMENT's between the offer or and the Government that are part of the proposal. Firm: KPFF, Inc. 1M c Signature Date of Execution***: 11-2-2023 Associate 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: Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D 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: Exhibit H - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Page 1 of 1 DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D Exhibit I Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1 Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs, records of labor, materials and equipment. Step 3 Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manager and any personnel (including sub -consultants) deemed appropriate for the alleged design error(s) issue. Step 4 Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultant's alleged design error(s), there are three possible scenarios: • It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place. The agency is to provide LP, through the Region Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements. No further action is required. • There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. Agreement Number: Exhibit I - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Page 1 of 2 DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D Step 5 Forward Documents to Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary, LP will request assistance from the Attorney General's Office for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement. • If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. LP, in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue. • If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or by litigation. Agreement Number: Exhibit I - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Page 2 of 2 DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D Exhibit J Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1 Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1, the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs (if applicable), and FHWA (if applicable) agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim. After the request has been approved, the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures. Agreement Number: Exhibit J - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Page 1 of 2 DocuSign Envelope ID: 313FF57B-765A-4D77-BD6C-07E1AAED897D Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • Agency's summation of hours by classification for each firm that should be included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; • Explanation regarding those areas in which the Agency does/does not agree with the consultant's claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s); and • Recommendations to resolve the claim. Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5 Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim(s) and rationale utilized for the decision. Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. Agreement Number: Exhibit J - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Page 2 of 2