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019-24 - SCJ Alliance - ContractDocuSign Envelope ID: FOA7201 D-12AE-4F5A-8D6C-46E5F4BBE30D Port Orchard Contract #: 019-24 Authorized Amount: $277,455.29 Date Start: January 23, 2024 Date End: April 30, 2025 CONSULTANT SERVICES AGREEMENT Sidney Road Non -Motorized Improvements THIS AGREEMENT is entered into by and between the City of Port Orchard, Washington, a municipal corporation organized under the laws of the State of Washington ("City") and Shea Carr & Jewell, Inc. dba SCJ Alliance, ("Consultant") organized under the laws of the State of Washington, located and doing business at 2727 Hollycroft Street, Suite 230, Gig Harbor, WA 98335, Phone: (253) 201-0777, Contact: Aaron Knight, Email: Aaron.knight@scjalliance.com (hereinafter the "Consultant"). RECITALS: WHEREAS, the City desires to have certain services performed for its residents; and WHEREAS, the City has selected the Consultant to perform such services pursuant to certain terms and conditions; and WHEREAS, the City complied with the requirements for hiring Consultant contained in Chapter 39.80 RCW; NOW, THEREFORE, in consideration of the mutual benefits and conditions set forth below, the parties agree as follows: AGREEMENT: 1. Scope of Services to be Performed by Consultant. The Consultant shall perform those services described on Exhibit "A," which is attached hereto and incorporated herein bythis reference as if set forth in full. In performing such services, the Consultant shall at all times comply with all federal, state, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Consultant shall perform the services diligently and completely and in accordance with professional standards of conduct and performance. The Consultant shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. If the services provided hereunder are funded in whole or in part under a Grant Funding Agreement, then Consultant will comply with the terms of such Grant Funding Agreement to ensure that the City is able to obtain the maximum funding under such Grant Funding Agreement. If this applies, the City will provide the Consultant with a copy of the Grant Funding Agreement. City of Port Orchard and Shea Carr Jewell, Inc. dba SCJ Alliance Sidney Road Non -Motorized Improvements updated4/2022JB"a Page 1 of 51 DocuSign Envelope ID: FOA7201 D-12AE-4F5A-8D6C-46E5F4BBE30D 2. Compensation. The City shall pay the Consultant for services rendered according to the rates and methods set forth below. ❑ LUMP SUM. Compensation for these services set forth in Exhibit A shall be a Lump Sum of $ TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed 21 $277,455.29 without written authorization and will be based on the list of billing rates and reimbursable expenses attached hereto as Exhibit "B." ❑ TIME AND MATERIALS. Compensation for these services shall be on a time and materials basis according to the list of billing rates and reimbursable expenses attached hereto as Exhibit „B ❑ OTHER 3. Payment. A. The Consultant shall maintain time and expense records and provide them to the City monthly after services have been performed, along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. B. All invoices shall be paid by City warrant within thirty (30) days of receipt of a proper invoice. If the City objects to all or any portion of any invoice, it shall so notify the Consultant of the same within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in dispute, and the Parties shall immediately make every effort to settle the disputed portion. C. The Consultant shall keep cost records and accounts pertaining to this Agreement available for inspection by City representatives for three (3) years after final payment unless a longer period is required by a third -party agreement. Copies shall be made available on request. D. On the effective date of this Agreement (or shortly thereafter), the Consultant shall comply with all federal and state laws applicable to independent contractors, including, but not limited to, the maintenance of a separate set of books and records that reflect all items of income and expenses of the Consultant's business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by law, to show that the services performed by the Consultant under this Agreement shall not give rise to an employer -employee relationship between the parties, which is subject to Title 51 RCW, Industrial Insurance. E. If the services rendered do not meet the requirements of the Agreement, the Consultant will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. The City shall pay the Consultant for services rendered within ten (10) days after City Council voucher approval. However, if the City objects City of Port Orchard and Shea Carr Jewell, Inc. dba SCJ Alliance Sidney Road Non -Motorized Improvements upaate14/20221BDR Page 2 of 51 DocuSign Envelope ID: FOA7201 D-12AE-4F5A-8D6C-46E5F4BBE30D to all or any portion of an invoice, it shall notify Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the Parties will immediately make every effort to settle the disputed portion. F. The City reserves the right to direct the Consultant's compensated services before reaching the maximum amount. 4. Duration of Agreement. A. This Agreement shall be in full force and effect for a period commencing on January 23, 2024 and ending April 30, 2025 unless sooner terminated under the provisions of this Agreement. The City reserves the right to offer two (2) one-year extensions prior to expiration of the Agreement to retain the Consultant's services. B. Time is of the essence of this Agreement in each and all of its provisions in which performance is required. If delays beyond the Consultant's reasonable control occur, the Parties will negotiate in good faith to determine whether an extension is appropriate. C. The Consultant shall obtain a City of Port Orchard business license prior to commencing work pursuant to a written Notice to Proceed. D. The Consultant is authorized to proceed with services upon receipt of a written Notice to Proceed. S. Standard of Care. The Consultant represents and warrants that it has the requisite training, skill, and experience necessary to provide the services under this Agreement and is appropriately accredited and licensed by all applicable agencies and governmental entities. Services provided by the Consultant under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing in similar circumstances. 6. Ownership and Use of Documents. A. Ownership. Any records, files, documents, drawings, specifications, data, or information, regardless of form or format, and all other materials produced by the Consultant in connection with the services provided to the City, shall be the property of the City whether the project for which they were created is executed or not. B. Records preservation. Consultant understands that this Agreement is with a government agency and thus all records created or used in the course of Consultant's work for the City are considered "public records" and are subject to disclosure by the City under the Public Records Act, Chapter 42.56 RCW ("the Act"). Consultant agrees to safeguard and preserve records in accordance with the Act. The City may be required, upon request, to disclose the Agreement, and the documents City of Port Orchard and Shea Carr Jewell, Inc. dba SCJ Alliance Sidney Road Non -Motorized Improvements updated4/2022JBDR Page 3 of 51 DocuSign Envelope ID: FOA7201 D-12AE-4F5A-8D6C-46E5F4BBE30D and records submitted to the City by Consultant, unless an exemption under the Public Records Act applies. If the City receives a public records request and asks Consultant to search its files for responsive records, Consultant agrees to make a prompt and thorough search through its files for responsive records and to promptly turn over any responsive records to the City's public records officer at no cost to the City. 7. Relationship of the Parties; Independent Consultant. The Parties intend that an independent contractor -client relationship will be created by this Agreement. As the Consultant is customarily engaged in an independently established trade which encompasses the specific service provided to the City hereunder, no agent, employee, representative or sub -consultant of the Consultant shall be or shall be deemed to be the employee, agent, representative or sub -consultant of the City. In the performance of the work, the Consultant is an independent contractor with the ability to control and direct the performance and details of the work, the City being interested only in the results obtained under this Agreement. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub - consultants of the Consultant. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, representatives, and sub -consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work that the Consultant performs hereunder. 8. Indemnification. Consultant shall defend, indemnify, and hold the City, its officers, officials, employees, agents, and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorneys' fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THIS WAIVER HAS BEEN MUTUALLY NEGOTIATED BY THE PARTIES. The provisions of this section shall survive the expiration or termination of this Agreement. City of Port Orchard and Shea Carr Jewell, Inc. dba SCJ Alliance Sidney Road Non -Motorized Improvements updated4/2022IBDR Page 4 of 51 DocuSign Envelope ID: FOA7201 D-12AE-4F5A-8D6C-46E5F4BBE30D 9. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. A. Minimum Scope of Insurance. Consultant shall obtain insurance of the types described below: limits: i. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. ii. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent Consultants and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. iii. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. iv. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance. Consultant shall maintain the following insurance Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. ii. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. iii. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provision. The Consultant's Automobile Liability, Commercial General Liability, and Professional Liability insurance policies are to contain, or be endorsed to contain, that they shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. City of Port Orchard and Shea Carr Jewell, Inc. dba SCJ Alliance Sidney Road Non -Motorized Improvements updated4/2022JBDR Page 5 of 51 DocuSign Envelope ID: FOA7201 D-12AE-4F5A-8D6C-46E5F4BBE30D D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A-VII. E. Verification of Coverage. The Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. G. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days' notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. H. No Limitation. Consultant's maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. 10. Record Keeping and Reporting. A. The Consultant shall maintain accounts and records, including personnel, property, financial, and programmatic records, which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed pursuant to this Agreement. The Consultant shall also maintain such other records as may be deemed necessary by the City to ensure proper accounting of all funds contributed by the City to the performance of this Agreement. B. The foregoing records shall be maintained for a period of seven (7) years after termination of this Agreement unless permission to destroy them is granted by the Office of the Archivist in accordance with Chapter 40.14 RCW and by the City. 11. City's Right of Inspection and Audit. A. Even though the Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure the satisfactory completion thereof. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or become applicable within the terms of this Agreement to the Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. City of Port Orchard and Shea Carr Jewell, Inc. dba SCJ Alliance Sidney Road Non -Motorized Improvements updated4/2022JBDR Page 6 of 51 DocuSign Envelope ID: FOA7201 D-12AE-4F5A-8D6C-46E5F4BBE30D B. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by the City during the performance of this Agreement. All work products, data, studies, worksheets, models, reports, and other materials in support of the performance of the service, work products, or outcomes fulfilling the contractual obligations are the products of the City. 12. Work Performed at the Consultant's Risk. The Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub -consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held by the Consultant for use in connection with the work. 13. Termination. A. Termination without cause. This Agreement may be terminated by the City at any time for public convenience, for the Consultant's insolvency or bankruptcy, or the Consultant's assignment for the benefit of creditors. B. Termination with cause. This Agreement may be terminated upon the default of the Consultant and the failure of the Consultant to cure such default within a reasonable time after receiving written notice of the default. C. Rights Upon Termination. i. With or Without Cause. Upon termination for any reason, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to the City, and the Consultant shall be entitled to just and equitable compensation for any satisfactory work completed prior to the date of termination, not to exceed the total compensation set forth herein. The Consultant shall not be entitled to any reallocation of cost, profit or overhead. The Consultant shall not in any event be entitled to anticipated profit on work not performed because of such termination. The Consultant shall use its best efforts to minimize the compensation payable under this Agreement in the event of such termination. Upon termination, the City may take over the work and prosecute the same to completion, by contract or otherwise. ii. Default. If the Agreement is terminated for default, the Consultant shall not be entitled to receive any further payments under the Agreement until all work called for has been fully performed. Any extra cost or damage to the City resulting from such default(s) shall be deducted from any money due or coming due to the Consultant. The Consultant shall bear any extra expenses incurred by the City in completing the work, including all increased City of Port Orchard and Shea Carr Jewell, Inc. dba SCJ Alliance Sidney Road Non -Motorized Improvements updated4/2022JBDR Page 7 of 51 DocuSign Envelope ID: FOA7201 D-12AE-4F5A-8D6C-46E5F4BBE30D costs for completing the work, and all damage sustained, or which may be sustained, by the City by reason of such default. D. Suspension. The City may suspend this Agreement, at its sole discretion. Any reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's reasonable expenses, and shall be subject to verification. The Consultant shall resume performance of services under this Agreement without delay when the suspension period ends. E. Notice of Termination or Suspension. If delivered to the Consultant in person, termination shall be effective immediately upon the Consultant's receipt of the City's written notice or such date as stated in the City's notice of termination, whichever is later. Notice of suspension shall be given to the Consultant in writing upon one week's advance notice to the Consultant. Such notice shall indicate the anticipated period of suspension. Notice may also be delivered to the Consultant at the address set forth in the "Notices" Section herein. F. Nothing in this Subsection shall prevent the City from seeking any legal remedies it may otherwise have for the violation or nonperformance of any provisions of this Agreement. 14. Discrimination Prohibited. A. The Consultant agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification. B. Violation of this Section shall be a material breach of this Agreement and grounds for cancellation, termination, or suspension of the Agreement by the City, in whole or in part, and may result in ineligibility for further work for the City. 15. Force Majeure. Notwithstanding anything to the contrary in this Agreement, any prevention, delay or stoppage due to strikes, lockouts, labor disputes, acts of God, acts of war, terrorist acts, inability to obtain services, labor, or materials or reasonable substitutes therefor, governmental actions, governmental laws, regulations or restrictions, civil commotions, casualty, actual or threatened public health emergency (including, without limitation, epidemic, pandemic, famine, disease, plague, quarantine, and other significant public health risk), governmental edicts, actions, declarations or quarantines by a governmental entity or health organization, breaches in cybersecurity, and other causes beyond the reasonable control of the Party obligated to perform, regardless of whether such other causes are (i) foreseeable or unforeseeable or (ii) related to the specifically enumerated events in this paragraph (collectively, a "Force Majeure"), shall excuse the performance of such Party for a period equal to any such prevention, delay or stoppage. To the extent this Agreement specifies a time period for performance of an obligation of either Party, that time period shall be extended by the period of any delay in such Party's performance caused by a Force Majeure. Provided however, that the current City of Port Orchard and Shea Carr Jewell, Inc. dba SCJ Alliance Sidney Road Non -Motorized Improvements updated4/2022JBDR Page 8 of 51 DocuSign Envelope ID: FOA7201 D-12AE-4F5A-8D6C-46E5F4BBE30D COVID-19 pandemic shall not be considered a Force Majeure unless constraints on a Party's performance that result from the pandemic become substantially more onerous after the effective date of this Agreement. 16. Assignment and Subcontract. The Consultant shall not assign or subcontract any portion of the services contemplated by this Agreement without the prior written consent of the City. Any assignment made without the prior approval of the City is void. 17. Conflict of Interest. The Consultant represents to the City that it has no conflict of interest in performing any of the services set forth in Exhibit "A." In the event that the Consultant is asked to perform services for a project with which it may have a conflict, Consultant will immediately disclose such conflict to the City. 18. Confidentiali All information regarding the City obtained by the Consultant in performance of this Agreement shall be considered confidential. Breach of confidentiality by the Consultant shall be grounds for immediate termination. 19. Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will so notify the Consultant and shall not be obligated to make payments for services or amounts incurred after the end of the current fiscal period. This Agreement will terminate upon the completion of all remaining services for which funds are allocated. No penalty or expense shall accrue to the City in the event that the terms of the provision are effectuated. 20. Employment of State Retirees. The City is a "DRS-covered employer" which is an organization that employs one or more members of any retirement system administered by the Washington State Department of Retirement Systems (DRS). Pursuant to RCW 41.50.139(1) and WAC 415-02-325(1), the City is required to elicit on a written form if any of the Contractor's employees providing services to the City retired using the 2008 Early Retirement Factors (ERFs), or if the Contractor is owned by an individual who retired using the 2008 ERFs, and whether the nature of the service and compensation would result in a retirement benefit being suspended. Failure to make this determination exposes the City to significant liability for pension overpayments. As a result, before commencing work under this Agreement, Contractor shall determine whether any of its employees providing services to the City or any of the Contractor's owners retired using the 2008 ERFs, and shall immediately notify the City and shall promptly complete the form provided by the City after this notification is made. This notification to DRS could impact the payment of retirement benefits to employees and owners of Contractor. Contractor shall indemnify, defend, and City of Port Orchard and Shea Carr Jewell, Inc. dba SCJ Alliance Sidney Road Non -Motorized Improvements updated4/2022JBDR Page 9 of 51 DocuSign Envelope ID: FOA7201 D-12AE-4F5A-8D6C-46E5F4BBE30D hold harmless the City from any and all claims, damages, or other liability, including attorneys' fees and costs, relating to a claim by DRS of a pension overpayment caused by or resulting from Contractor's failure to comply with the terms of this provision. This provision shall survive termination of this Agreement. 21. Entire Agreement. This Agreement contains the entire agreement between the parties, and no other agreements, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind either of the parties. If there is a conflict between the terms and conditions of this Agreement and the attached exhibits, then the terms and conditions of this Agreement shall prevail over the exhibits. Either party may request changes to the Agreement. Changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. 22. Non -waiver of Breach. The failure of either party to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein contained in one or more instances, shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options, and the same shall be in full force and effect. 23. Modification. No waiver, alteration, modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Consultant. 24. Notices. All notices or other communications required or permitted under this Agreement shall be in writing and shall be (a) personally delivered, in which case the notice or communication shall be deemed given on the date of receipt at the office of the addressee; (b) sent by registered or certified mail, postage prepaid, return receipt requested, in which case the notice or communication shall be deemed given three (3) business days after the date of deposit in the United States mail; or (c) sent by overnight delivery using a nationally recognized overnight courier service, in which case the notice or communication shall be deemed given one business day after the date of deposit with such courier. In addition, all notices shall also be emailed, however, email does not substitute for an official notice. Notices shall be sent to the following addresses: Notices to the City of Port Orchard shall be sent to the following address: City of Port Orchard and Shea Carr Jewell, Inc. dba SCJ Alliance Sidney Road Non -Motorized Improvements updated4/2022IBDR Page 10 of 51 DocuSign Envelope ID: FOA7201 D-12AE-4F5A-8D6C-46E5F4BBE30D City Clerk City of Port Orchard 216 Prospect Street Port Orchard, Washington 98366 BwaIlace@cityofportorchard.us Phone:360.876.4407 Fax: 360.895.9029 Notices to the Consultant shall be sent to the following address: Aaron Knight 8730 Tallon Lane NE, Suite 200 Lacey, WA 98516 Phone No.: 253-201-0777 Email:aaron.knight@scjalliance.com 25. Resolution of Disputes; Governing Law. A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term or provision's true intent or meaning. The Mayor shall also decide all questions which may arise between the parties relative to the actual services provided or to the sufficiency of the performance hereunder. B. If any dispute arises between the City and the Consultant under any of the provisions of this Agreement which cannot be resolved by the Mayor's determination in a reasonable time, or if the Consultant does not agree with the Mayor's decision on a disputed matter, jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington. C. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorneys' fees from the other Party. 26. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. 27. Title VI. The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the City of Port Orchard and Shea Carr Jewell, Inc. dba SCJ Alliance Sidney Road Non -Motorized Improvements updated4/2022IBDR Page 11 of 51 DocuSign Envelope ID: FOA7201 D-12AE-4F5A-8D6C-46E5F4BBE30D Department of Transportation issued pursuant to such Act, must affirmatively insure that its contracts comply with these regulations. Therefore, during the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees as follows: A. Compliance with Regulations. The Consultant will comply with the Acts and the Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this Agreement. B. Nondiscrimination. The Consultant, with regard to the work performed by it during this Agreement, will not discriminate on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Consultant will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in Appendix A, attached hereto and incorporated herein by this reference, including employment practices when this Agreement covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding, or negotiation made by the Consultant 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 Consultant of the Consultant's obligations under this Agreement and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP. D. Information and Reports. The Consultant 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 City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish the information, the Consultant will so certify to the City or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance. In the event of the Consultant's noncompliance with the non- discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: i. withholding payments to the Consultant under the Agreement until the contractor complies; and/or ii. cancelling, terminating, or suspending the Agreement, in whole or in part. F. Incorporation of Provisions. The Consultant 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 Consultant will take City of Port Orchard and Shea Carr Jewell, Inc. dba SCJ Alliance Sidney Road Non -Motorized Improvements updated4/2022IBDR Page 12 Of 51 DocuSign Envelope ID: FOA7201 D-12AE-4F5A-8D6C-46E5F4BBE30D action with respect to any subcontract or procurement as the City or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Consultant becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Consultant may request the City to enter into any litigation to protect the interests of the City. In addition, the Consultant may request the United States to enter into the litigation to protect the interests of the United States. 28. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. 29. Severability. Any provision or part of this Agreement held to be void or unenforceable under any law or regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon the City and the Consultant, who agree that the Agreement shall be reformed to replace such stricken provision or part with a valid and enforceable provision that comes as close as reasonably possible to expressing the intent of the stricken provision. IN WITNESS WHEREOF, the City and the Consultant have executed this Agreement as of the dates listed below. CONSULT NT CITY OF PORT ORCHARD DocuSigned by: Scott Sawyer F�b �1n1"6�A- usw By: By: Robert Putaansuu, Mayor Title: Principal Date: Jan 5, 2024 Date: 1/24/2024 ATT a/AVTjlf NTICATE �v'aine� snsesneei�aA is Brandy Wallace, MMC, City Clerk A72037061gF25520457— Pd#,$ TO FORM Port Orchard City Attorney's Office City of Port Orchard and Shea Carr Jewell, Inc. dba SCJ Alliance Sidney Road Non -Motorized Improvements updated4/2022JBDR Page 13 of 51 DocuSign Envelope ID: FOA7201 D-12AE-4F5A-8D6C-46E5F4BBE30D EXHIBIT A Scope of Services to be Provided by Consultant. The Consultant shall furnish services including, but not limited to, the following outlined here or attached separately. City of Port Orchard and Shea Carr Jewell, Inc. dba SCJ Alliance Sidney Road Non -Motorized Improvements updated4/2022IBDR Page 14 of 51 DocuSign Envelope ID: FOA7201 D-12AE-4F5A-8D6C-46E5F4BBE30D SCJ ALLIANCE CONSULTING SERVICES SCOPE OF WORK for Sidney Road Non -Motorized Improvements City of Port Orchard, WA Prepared For: Christian Williams, PE City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Prepared By: Aaron Knight, PE Date Prepared: December 28, 2023 Overview The following Scope of Work outlines the effort required to prepare Plans, Specifications, and Engineer's Estimate (PS&E) for the Sidney Road Non -Motorized Improvements Project. The project generally includes multimodal improvements serving Sidney Glen Elementary as shown in Attachment 1— Conceptual Design Drawings. In addition, the project will include a sewer force main and associated roadway restoration. Proposed Improvements Design of improvements within the project limits are assumed as follows: • On Sidney Road SW between SW Hovde Road and a point 200' north of SR-16 overpass install o Sidewalk (6'wide+with curb and gutter, some areaswill be separated by a buffer: ■ east side of road from SW Hovde Rd to Glenwood Rd SW (340'); ■ westside of the road from Glenwood Rd SW to Birch Rd SW (600'); ■ west side of the road from north boundary of mini -storage development to the northern terminus -200' north of SR-16 overpass (1,500'), o Sidewalk 5'widefor ■ shortsegments (<100') adjacentto a culvertthat narrows the available street ROW width ■ between SW Hovde Rd and Glenwood Rd SW (320') with limited ROW availability. o Bike lanes (6' wide), where sidewalks are constructed • At the intersection of Sydney Rd SW and SW Hovde Rd install o Marked crosswalks (1, east leg) o ADA curb ramps (1) o Advance stop bars 2727 Hollycroft Street, Suite 230 • Gig Harbor, WA 98*3Ae*l5(WMe 253.201.0777 • Fax 360.352.1509 • scjalliance.com DocuSign Envelope ID: FOA7201 D-12AE-4F5A-8D6C-46E5F4BBE30D .► City of Port Orchard Sidney Road Non -Motorized Improvements December 28, 2023 Page ii • At the intersection of Sidney Rd SW and Glenwood Rd SW install o RRFBs (2) on SW and SE corners o Advance stop bars o ADA curb ramps (4) o Marked crosswalks (2, south leg and west leg) • At the intersection of Sidney Rd SW and SW Birch Rd install o Updated marked crosswalks (south leg and west leg) to align with curb ramps o Advance stop bars o ADA curb ramps (4), including 2 on path to school entrance o RRFBs (2) on SW and SE corners • At the intersection of Sidney Rd SW and SW Berry Lake Rd install o ADA curb ramps (4) o Marked crosswalk (1, revised to align with new curb ramp on south leg) o Advance stop bars • Sanitary Sewer Force Main beginning at Berry Lake Road and terminating at a point approximately 850' south of Hovde Road, north of the existing stream culvert. o The north end of the force main will connect to the pipe installed with the City's Pottery Avenue project o The south end of the force main will be capped with a pin located on the surface to designate the cap location. o The force main is for future connection to a lift station to be completed with a separate project. • Pavement preservation will include the following: o Full -width overlay of Sidney road between Hovde Road and the northern project limit o Half street (west) overlay between Hovde road and the southern project limit 2727 Hollycroft Street, Suite 230 • Gig Harbor, WA 98*3Ae*l6(WMe 253.201.0777 • Fax 360.352.1509 • scjalliance.com DocuSign Envelope ID: FOA7201 D-12AE-4F5A-8D6C-46E5F4BBE30D .► City of Port Orchard Sidney Road Non -Motorized Improvements December 28, 2023 Page iii Assumptions The following assumptions were made to establish a scope and budget for this project: Contracting • Funding is provided by the State of Washington through the Safe Routes to School (state) program and is administered by WSDOT for eligible work. FHWA or other external funding sources are not included. Local funding by the City of Port Orchard is included for local match requirements and for costs associated with non -eligible work. Addition or changes of funding sources may modify permitting and/or approval requirements, which may result in an amendment to this scope of work. • WSDOT's "Local Agency A&E Professional Services Negotiated Hourly Rates Consultant Agreement" will be used for the Consultant contract. • Project duration will be for twelve (12) months following execution of the contract. • The City will be responsible for all permit fees, which will be invoiced to the City directly outside of this contract. • Any right of way activities such as Temporary Construction Easements or Right of Way Acquisitions will be completed by the City's on -call ROW Agent and are not included in this scope of work. • All field activities will occur within the Right of Way (ROW) or on School District owned parcels. Access to School District property will be coordinated by the City. Right of entry onto private property is not included in this scope of work. Applicable Regulations & Permitting • Work will be based on City of Port Orchard standards for design, permitting, and specifications. • The City will complete all necessary SEPA permitting. • The project is exempt from Critical Areas review and permitting. • A Construction Stormwater General Permit, if required, will be completed by the CITY. • It is assumed that work within the existing County Right of Way north of Birch Road will require a Right of Way permit from Kitsap County. Utilities • The City will lead coordination with all utility providers, including all potholing activities and proposed relocations. • Modifications to existing sewer, water, and franchise utilities (outside of those explicitly described herein) are not included in this scope of work. Should utility improvements be desired by the purveyor, the design will be completed by the respective purveyor and provided to the CONSULTANT. Incorporation of franchise utility improvements (outside of those explicitly described herein) is not included in this scope of work and an amendment to this contract may be required. • Modifications to existing sewer and water utilities due to conflicts with proposed improvements is not included in this scope of work and an amendment to this contract will be required. 2727 Hollycroft Street, Suite 230 • Gig Harbor, WA 98*%e*l7CWgge 253.201.0777 • Fax 360.352.1509 • scjalliance.com DocuSign Envelope ID: FOA7201 D-12AE-4F5A-8D6C-46E5F4BBE30D .► City of Port Orchard Sidney Road Non -Motorized Improvements December 28, 2023 Page iv Design • Plans will be developed using AutoCAD 2022 Civil 3D using SCJ drafting standards. • Design of lighting along the corridor will be completed as part of a separate project and is not included in this scope of work. • It is assumed that all walls will be less than 4-foot high (including embedment). If proposed walls exceed 4 feet high, Geotechnical and/or Structural Engineering will be required as an amendment to this scope of work. • Special Provisions will be developed based on the current version of the WSDOT Standard Specifications at the time of first writing of project manual. Revisions to the Special Provisions due to annual update of the Standard Specifications will require an amendment to this contract. Revisions to the Special provisions due to periodic updates to the General Special Provisions (GSPs) by WSDOT or APWA will not require an amendment to the contract. • Cost estimates will be prepared using the following three (3) schedules. o Schedule A - SRTS eligible work o Schedule B —Street Improvements (SRTS non -eligible) o Schedule C - Sewer utility (SRTS non -eligible) • The City of Port Orchard has adopted the 2019 Edition of the Washington State Department of Ecology Stormwater Manual for Western Washington as the guiding criteria for planning, design, and construction of stormwater facilities. The project is located in two separate threshold discharge areas (TDAs). It is assumed that Minimum Requirements #1-9 will be required for the project, however based upon preliminary discussion with the City, the project is unlikely to require BMPs for flow control or quality treatment (due to the TDA Threshold approach to MR #6 & #7). • Existing downstream conveyance will be evaluated with the project's stormwater reporting, using City provided data to identify existing pipe sizes. Design of replacement of existing stormwater conveyance systems (pipes or open channel) downstream of the project limits, if insufficient capacity is identified downstream, is not included in this scope of work. • Design of landscaping, planting, and irrigation systems are not included in this scope of work. Existing private landscaping or irrigation systems within the Right of Way will be noted for removal by the Contractor and salvage to the property owner. The City will coordinate with property owners for these removals. Restoration of back of sidewalk will be limited to minor restoration of lawn or placement of wood chip mulch. • RRFBs will be powered using solar/battery systems and will not require AC power connection. Information Provided by the City • Available utility maps for all City utilities within the project area, including downstream path for the stormwater system. • Available As -built drawings for the project area. • Roadway pavement structural cross section. 2727 Hollycroft Street, Suite 230 • Gig Harbor, WA 98*%e•I8QAfMe 253.201.0777 • Fax 360.352.1509 • scjalliance.com DocuSign Envelope ID: FOA7201 D-12AE-4F5A-8D6C-46E5F4BBE30D .► City of Port Orchard Sidney Road Non -Motorized Improvements December 28, 2023 Page 1 of 9 Phase 1: Management/Coordination/Administration This task covers the effort required to manage the project. This Scope of Work assumes a 12-month contract duration: Task 1 Management Task 1.1 Management: Manage the project by directing and supervising staff and reviewing work for the duration of the project. This management is for the overall work rather than specific tasks. Task 1.2 Schedule: Develop a critical path project schedule to match the scope of work. Identify task durations, predecessors, City reviews, deliverables, and milestones. Review and update the schedule concurrent with milestone submittals with an additional allowance for additional schedule updates as requested by the City (up to nine (9) schedule updates). Task 2 Administration Task 2.1 Progress Reports: Prepare and submit a monthly progress report. Progress reports will show: (1) prior work performed, (2) current work planned, (3) schedule and budget status (including a 3-line earned value chart), (4) a summary of scope changes/added value, and (5) items needed from the CITY and/or others. Assume 12 progress reports. Task 2.2 Progress Billings: Prepare a monthly progress invoice with progress reports attached. Invoices will show staff hours for each phase (i.e., Phase 1: Project Management). Task 3 Subconsultant Coordination Task 3.1 Coordination with subconsultants for executing and administering subagreements, reviewing monthly invoices, scheduling, exchanging files, and additional coordination as needed. Task 4 Progress Meetings Task 4.1 Kickoff Meeting: The CONSULTANT shall attend one (1) project Kickoff Meeting. Assume two (2) CONSULTANT staff present at the meeting. Task 4.2 Outside Agency Kickoff Meeting: The CONSULTANT shall attend one (1) virtual Kickoff Meeting with Kitsap County and WSDOT. Assume two (2) CONSULTANT staff present at the meeting. Task 4.3 Progress Meetings: The Consultant will host monthly virtual progress meetings. Assume two (2) CONSULTANT staff for twelve (12) meetings. Assumptions • Extension of the project timeframe may require an amendment to this scope of work. • Delay of scheduled submittals due to outstanding information required from the City may require an amendment to this scope of work. Deliverables • Monthly Progress Report and billings submitted via email in PDF format. • MS Project baseline and updated schedules submitted via email in PDF format. • Meeting notes for the kickoff meeting and each progress meeting, submitted via email in MS Word format. 2727 Hollycroft Street, Suite 230 • Gig Harbor, WA 98*%e*l9CWMe 253.201.0777 • Fax 360.352.1509 • scjalliance.com DocuSign Envelope ID: FOA7201 D-12AE-4F5A-8D6C-46E5F4BBE30D .► City of Port Orchard Sidney Road Non -Motorized Improvements December 28, 2023 Page 2 of 9 Phase 2: 30% Design This Phase will include preparation of 30% design scroll plots. The design will begin following completion of the topographic survey. Senior level QA/QC will be provided for all documents prior to submitting to the City. Task 1 Data Collection Task 1.1 Data Collection: Gather and review available background data, as-builts, and utility provider system maps from the City. Task 1.2 Site Review: Complete photo documentation of existing conditions. Assume two (2) CONSULTANT staff present for one (1) site visit. Task 2 Roadway 30% Design Task 2.1 Horizontal Layout Prepare a scroll plot of the project site including the following level of detail: • Establish design centerlines within the project area. • Develop 2-dimensional layouts for the improvements outlined in the "Proposed Improvements" section of this scope of work. o Curbline and limits of paving o Sidewalk and/or shared -use paths o Location of curb ramps and driveways o Designated parking areas o Channelization and RRFBs o Potential wall locations, with approximated heights. o Sewer force main alignment • Show recent aerial imagery. Vertical design of improvements will not be specified on the exhibits. Task 2.2 30% Design Cost Estimates: Develop quantities based on each of the horizontal layouts from Task 2.1. Assign unit costs for quantified items and assign lump sum costs to other items based on professional judgment. Task 3 30% Design Report Task 3.1 30% Design Report: Prepare a design report describing the technical basis for the improvements. Task 3.2 Pedestrian Crossing Technical Memo: Collect traffic data and determine if a flashing beacon crossing treatment is warranted at the two (2) intersections as noted in the Proposed Improvements section of this Scope of Work. Evaluation will be based on the City of Port Orchard Pedestrian Crossing Guidelines (2016), the Manual on Uniform Traffic Control Devices (MUTCD), and the Nation Cooperative Highway Research Program (NCHRP) Report 562. The technical memo summarizing the findings of flashing beacon analysis will be included as an attachment to the 30% Design Report. 2727 Hollycroft Street, Suite 230 • Gig Harbor, WA 98*4�be20Cfgge 253.201.0777 • Fax 360.352.1509 • scjalliance.com DocuSign Envelope ID: FOA7201 D-12AE-4F5A-8D6C-46E5F4BBE30D .► City of Port Orchard Sidney Road Non -Motorized Improvements December 28, 2023 Page 3 of 9 Assumptions • Layout of corridor elements not directly impacting the project footprint (e.g. stormwater facilities) will not be designed during this task. • Traffic Counts are included as an expense in the fee estimate. Deliverables • One (1) 30% Design scroll plot, submitted via email in PDF format. • One (1) 30% Design cost estimate, submitted via email in PDF format. • 30% Design Report, submitted via email in PDF format. • Pedestrian Crossing Technical Memo submitted via email in PDF format Phase 3: Public Involvement This phase includes the following outreach to the School District and the City Council: Task 1 School District Coordination Task 1.1 School Kickoff Meeting: Meet with City Staff and South Kitsap School District representatives (such as Sidney Glen Elem Principal, Facilities, etc.) to discuss the proposed improvements. Task 1.2 School Informational Flyer: Design an informational flyer about the project to be provided to the school. Assume one (1) flyer will be provided in PDF format, for reproduction and distribution by the school. Task 2 Council Updates Task 2.1 Council Updates: Attend and present at up to two (2) in -person briefings to the City Council to provide project updates. It is assumed that the two meetings will include one (1) update to the Transportation Committee and one (1) General Business meeting. Each briefing will include preparation of presentation materials. The City will distribute the presentation materials on the City website and email lists. Assume two (2) Consultant staff for two (2) meetings. Assumptions • The City will host the project website and will complete all updates. The City may use materials prepared as part of the completion of other tasks, however no specific materials will be prepared by the Consultant for the website. Deliverables • One (1) information project flyer, submitted via email in PDF format. • Two (2) council presentations, submitted via email in PDF and PowerPoint formats. Phase 4: Environmental Permitting Task 1 Cultural Resources Task 1.1 Background Research and Records Review: The consultant will conduct a review of soils and geomorphological information, development history of the project area, County Assessor's records, 2727 Hollycroft Street, Suite 230 0 Gig Harbor, WA 98*i�be21CMfMe 253.201.0777 • Fax 360.352.1509 • scjalliance.com DocuSign Envelope ID: FOA7201 D-12AE-4F5A-8D6C-46E5F4BBE30D .► City of Port Orchard Sidney Road Non -Motorized Improvements December 28, 2023 Page 4 of 9 DAHP's Washington Information System for Architectural and Archaeological Records Data (WISAARD) database for previous sites and surveys within one mile of the project alignment, EPA's NEPAssist Data, and other pertinent environmental and historical sources Task 1.2 Reporting and Deliverables: The consultant will prepare the DAHP EZ/Project Form in compliance with GEO 21-02. The form will contain information gathered in the background research and records review, along with project specific information about the proposed action. The consultant will submit a draft EZ Form to the City for review. Any comments will be addressed and a revised form will be provided for final submittal to DAHP and any concerned Tribes. Assumptions • Project plans, detailed project description, shapefiles, and previous communication with agencies and the Tribes will be provided by the City. • The City of Port Orchard will conduct formal consultation with DAHP and the Tribes. • This project consists of a professional desktop review and analysis of the proposed project's activities and their potential impacts and or effects to any historic properties. • If DAHP determines that an archaeological survey or historic property inventory forms are required, this scope and budget would be amended. Phase 5: 60% Design The CONSULTANT shall provide 60% Design Plans and Estimates for review by the CITY. The design will include addressing City comments from the 30% Design submittal and additional level of detail summarized herein. Senior level QA/QC will be provided for all documents prior to submitting to the City. Task 1 6O% Design Plans Task 1.1 Response to Comments: Respond to the City's comments from the 30% Design. The City will provide a comment response matrix. Task 1.2 Horizontal and Vertical Layout: The CONSULTANT shall prepare 60% design horizontal layout based on the 30% Design and City comments. The 60% submittal will include horizontal location of improvements with the following level of detail: • Construction limits / limits of grading • Curbline, sidewalk and limits of paving • Develop corridor vertical design including centerline, flow line, back of walk elevations, walls, and cut/fill lines • Location and types of curb ramps (excluding grading) • Design stormwater conveyance system, including profiles • Design sewer force main, including profiles • Channelization (excluding signing) • RRFB layouts • Potential utility impacts, required relocations, and recommended pothole locations 2727 Hollycroft Street, Suite 230 • Gig Harbor, WA 98*4�be22Q fgge 253.201.0777 • Fax 360.352.1509 • scjalliance.com DocuSign Envelope ID: FOA7201 D-12AE-4F5A-8D6C-46E5F4BBE30D City of Port Orchard Sidney Road Non -Motorized Improvements December 28, 2023 Page 5 of 9 Task 1.3 60% Plans: Prepare the following 60% Design Plans. The following plan sheets are anticipated: Title Estimated Sheets Cover Sheet 1 Legend, Abbreviations, General Notes 1 Survey Control (Plan/Plan, 50 scale) 2 Typical Sections 1 Site Preparation and TESC (Plan/Plan, 20 scale) 4 Roadway and Drainage (Plan/Profile, 20 scale) 10 Intersection Plan (10 scale) 4 Sanitary Sewer (Plan/Profile, 20 scale) 8 RRFB Plan and Details (20 scale) 3 Channelization and Signing (Plan/Plan, 20 scale) 5 TOTAL 39 Task 2 Stormwater Modeling and Reporting Task 2.1 Stormwater Model: Prepare a hydrologic model of the existing and proposed land use conditions for the limits of disturbance to determine the water quality treatment requirements. Determine preliminary type and location of facilities. Task 2.2 Draft Stormwater Site Plan and Report: Prepare a draft technical stormwater site plan describing the stormwater design, document major design decisions, and all applicable exhibits, including locations of structures and storm drain, locations of water quality BMPs, and modifications to downstream conveyance. Prepare a draft technical report describing the stormwater design, document major design decisions, and all applicable exhibits. Task 2.3 Temporary Erosion and Sediment Control (TESC): Design TESC Best Management Practice (BMP) applications for the project area. Task 3 Design Report Task 3.1 Design Report: Update the design report to include work completed and decisions made through 60% Design. Include technical memorandums prepared separately for roadway design and stormwater design. Include plans and cost estimates. Task 4 60% Design Cost Estimate Task 4.1 60% Design Cost Estimate: Develop a construction cost estimate based on the 60% design. Bid items will include a column stating if the item is paid per Standard Specification or a Special Provision. Assumptions • Preparation of Special Provisions is not included in this submittal. 2727 Hollycroft Street, Suite 230 • Gig Harbor, WA 98*3Ae23(Af59e 253.201.0777 • Fax 360.352.1509 • scjalliance.com DocuSign Envelope ID: FOA7201 D-12AE-4F5A-8D6C-46E5F4BBE30D City of Port Orchard Sidney Road Non -Motorized Improvements December 28, 2023 Page 6 of 9 Deliverables • Responses to the City 30% Comments in the City's comment response matrix, submitted via email in Excel and PDF format • 60% Design Full Size Plans (22x34) submitted via email in PDF format • Design Report including the following appendices in PDF via email o 60% Design Stormwater Report • 60% Design Engineer's Estimate submitted via email in Excel and PDF format Phase 6: 100% Design The CONSULTANT shall provide 100% Design Plans, Specifications and Estimates for review by the CITY. The design will include addressing City comments from the 60% Design submittal and additional level of detail summarized herein. Senior level QA/QC and constructability review will be provided for all documents prior to submitting to the City. Task 1 100% Design Plans Task 1.1 Response to Comments: Respond to the City's comments from the 60% Design Task 1.2 Horizontal and Vertical Layout: Revise layout based on City comments. Develop final wall profiles and ADA ramp grading. Task 1.3 100% Plans: Prepare the following 100% Design Plans. The following plan sheets are anticipated: Title Estimated Sheets Cover Sheet 1 Legend, Abbreviations, General Notes 1 Survey Control (Plan/Plan, 50 scale) 2 Typical Sections 1 Typical Details 1 Site Preparation and TESC (Plan/Plan, 20 scale) 4 TESC Details 1 Roadway and Drainage (Plan/Profile, 20 scale) 10 Intersection Plan (10 scale) 4 Drainage Details 1 Sanitary Sewer (Plan/Profile, 20 scale) 8 Retaining Wall (Plan/Profile, 20 scale) 1 RRFB Plan and Details (20 scale) 3 Channelization and Signing (Plan/Plan, 20 scale) 5 Temporary Traffic Control Plan 2 TOTAL 45 Bold sheet(s) are new to this milestone submittal 2727 Hollycroft Street, Suite 230 • Gig Harbor, WA 98 e24(WMe 253.201.0777 • Fax 360.352.1509 • scjalliance.com DocuSign Envelope ID: FOA7201 D-12AE-4F5A-8D6C-46E5F4BBE30D City of Port Orchard Sidney Road Non -Motorized Improvements December 28, 2023 Page 7 of 9 Task 2 Stormwater Task 2.1 Final Stormwater Report: Update the 60% Design Stormwater Reports based on City comments and design revisions. Reports will be included as an appendix to the Design Report. Task 2.2 SWPPP: Prepare a Stormwater Pollution Prevention Plan per the Depart of Ecology's 2019 SMMWW. Task 3 Design Report Task 3.1 Design Report: Update the design report to include work completed and decisions made through 100% Design. Prepare Maximum Extent Feasible (MEF) documentation, if required. Include plans and cost estimates. This will be the final submittal for the Design Report. Task 4 100% Design Cost Estimate Task 4.1 100% Design Cost Estimate: Prepare 100% Design quantities and opinion of probable cost for review and approval by the City. Task 5 100% Design Project Manual Task 5.1 100% Project Manual: Prepare the 100% Design Project Manual including City provided front end bidding documents, WSDOT & APWA General Special Provisions (GSPs), project specific special provisions, and appendices. Task 6 Kitsap County Right of Way Permit Task 6.1 Right of Way Permit Support: Prepare a subset of the construction plans (including traffic control plans) and cost estimation for work completed within Kitsap County Right of Way for inclusion in the Right of Way permit. Prepare a draft project application for final execution and submittal by the City. All permit fees will be paid directly by the City. Assumptions • The CITY will provide the CONSULTANT front-end bidding documents and a special provisions template or recent project example in Word format. • The 100% Design submittal will be provided to WSDOT for review. A PS&E Checklist will not be required. All WSDOT comments will be confirmed by the CITY prior to incorporation by the CONSULTANT. If requested, up to one (1) resubmittal to WSDOT will be included. Additional submittals to WSDOT will require an amendment to this scope of work. • Temporary traffic control plans will include applicable WSDOT TC plans and will not include site specific design and layout of traffic control. Except for the Kitsap County Right of Way permit which will include a site specific traffic control plan. 2727 Hollycroft Street, Suite 230 • Gig Harbor, WA 98*3Ae25C?AfMe 253.201.0777 • Fax 360.352.1509 • scjalliance.com DocuSign Envelope ID: FOA7201 D-12AE-4F5A-8D6C-46E5F4BBE30D .► City of Port Orchard Sidney Road Non -Motorized Improvements December 28, 2023 Page 8 of 9 Deliverables • Responses to the City 60% Comments submitted via email in Excel and PDF format • 100% Design Full Size Plans (2204) submitted via email in PDF format • Design Report including the following appendices in PDF via email: o Final Stormwater Report o SWPPP • 100% Design Cost Estimate submitted via email in Excel and PDF format • 100% Design Project Manual submitted via email in Word and PDF format Phase 7: Bid Documents The CONSULTANT shall prepare final BID Design Plans, Specifications, and Estimates for advertisement by the CITY. Task 1 BID Document Plans, Specifications & Estimate Task 1.1 Bid Document Plans, Specifications & Estimate: The CONSULTANT shall prepare Final Bid Documents (Plans, Specifications and Cost Estimate) for advertisement by the CITY. The CONSULTANT will provide senior level QA/QC prior to submitting to the CITY. The final bid documents will address comments received from the 100% Design review submittal. Task 1.2 Response to Comments: Respond to the City's comments from the 100% Design. Assumptions • 100% Design comments from the City and/or WSDOT are assumed to be related to new information provided with the 100% Design milestone and will not include comments which could have reasonably been provided and resolved during prior milestone reviews. Any such comments which impact the horizontal geometry, vertical design and/or the stormwater conveyance design and exceed the budgeted hours for this task will require an amendment to this scope of work. • Revision of project elements due to franchise utility designs will require an amendment to this scope of work. Deliverables • Bid Document Full Size Plans (22x34) submitted via email in PDF format • Bid Document Project Manual submitted via email in Word and PDF format • Bid Document Engineer's Estimate submitted via email in Excel and PDF format • Responses to the City 100% Comments submitted via email in Excel and PDF format • All project related AutoCAD Files Task 2 Assistance during Bidding Task 2.1 Bid Addendum: Prepare an addendum and respond to bidders' questions relayed through the CITY. It is assumed that the CONSULTANT will prepare one (1) addendum. Phase 8: Survey and Right -of -Way Base Mapping (by MTN2Coast) See attached proposal prepared by Mtn2Coast Surveyors. 2727 Hollycroft Street, Suite 230 • Gig Harbor, WA 98*3Ae26C?Af59e 253.201.0777 • Fax 360.352.1509 • scjalliance.com DocuSign Envelope ID: FOA7201 D-12AE-4F5A-8D6C-46E5F4BBE30D .► City of Port Orchard Sidney Road Non -Motorized Improvements December 28, 2023 Page 9 of 9 Additional Services The CITY may require additional and/or modified services of the CONSULTANT. These additional and/or modified services will be authorized under management reserve and/or a future contract amendment where services are not included in this scope of work whether expressly stated or implied. The CONSULTANT shall provide a scope of work and a budget for any additional and/or modified services. The CONSULTANT shall not proceed with the work until the CITY has authorized the work and issued a notice to proceed. 2727 Hollycroft Street, Suite 230 • Gig Harbor, WA 98*3Ae27CWMe 253.201.0777 • Fax 360.352.1509 • scjalliance.com DocuSign Envelope ID: FOA7201 D-12AE-4F5A-8D6C-46E5F4BBE30D City of Port Orchard Sidney Road Non -Motorized Improvements December 28, 2023 ATTACHMENT 1 CONCEPTUAL DESIGN DRAWINGS 2727 Hollycroft Street, Suite 230 • Gig Harbor, WA 98*3Ae28(Af59e 253.201.0777 • Fax 360.352.1509 • scjalliance.com DocuSign Envelope ID: FOA7201 D-12AE-4F5A-8D6C-46E5F4BBE30D NOTE: STREET LIGHTING WILL BE PROVIDED AT INTERSECTIONS AND WILL BE DESIGNED TO MEET MINIMUM AVG. MAINTAINED HORIZONTAL LIGHT LEVELS AND MAXIMUM UNIFORMITY RATIOS. THESE LIGHT LEVELS WILL BE SUFFICIENT TO ACCOMMODATE ALL ROADWAY USERS. SIDNEY RD SW [w=rA eO �o VARIES VARIES 5'-6' 0'-23' SIDEWALK PLANTER/ EX DITCH �22"CSTTC- CEMENT CONC.� CURB AND GUTTER ORCHAEst. 1890 RD. U a 2' MIN. EX ROW ----------- INTERSECTION TO BE ILLUMINATED TO MEET STANDARD LIGHTING REQUIREMENTS AS PART OF HAVEN TOWNHOME PROJECT. PROPOSED RRFB----\. FRONTAGE IMPROVEMENTS BY HAVEN TOWNHOME PROJECT INCL. STREET LIGHTING FOR ENTIRE LENGTH OF PARCEL FRONTAGE AND ON NORTH SIDE OF GLENWOOD. A I` EX ROW REMOVE EXISTING FENCE INTERSECTION TO BE ILLUMINATED TO MEET STANDARD LIGHTING REQUIREMENTS AS PART OF HAVEN TOWNHOME PROJECT. Woodman EXISTING GROUND VARIES 34'-47' 2' MIN. 6" HMA OVER 8" CSTC TYPICAL ROADWAY SECTION A -A 6" HMA OVER 8" CSTC N.T.S SIDNEY ROAD NON -MOTORIZED IMPROVEMENTS CONCEPTUAL LAYOUT I VARIES 0'-8' PLANTER 2" CSTC VARIES 0'-6' SIDEWALK CEMENT CONC. CURB AND GUTTER (SEE EXHIBIT FOR LOCATIONS) Drawn By: Christian Williams, PE Date: 10/26/2022 Scale: 1 "=40' DocuSign Envelope ID: FOA7201 D-12AE-4F5A-8D6C-46E5F4BBE30D 1 ki NEW STREET LIGHT. LOCATION TO BE DETERMINED IN COORDINATION WITH HAVEN TOWNHOMES ILLUMINATION INSTALLATION. ---- ------ ------ ------ ---------------- 1w NLb.� ftdm Est. 1890 ORCHARD. IP STREET LIGHTI FRONTAGE TO) -------------------- SIDNEY RD SW 1 EX ROW SIDNEY ROAD NON -MOTORIZED IMPROVEMENTS CONCEPTUAL LAYOUT Z Drawn By: Christian Williams, PE Date: 10/26/2022 Scale: 1 "=40' DocuSign Envelope ID: FOA7201 D-12AE-4F5A-8D6C-46E5F4BBE30D PROPOSED RRFB ORCHAEst. 1890 RD. APPROX. CITY LIMIT SIDNEY RD SW NOTE: STREET LIGHTING WILL BE PROVIDED AT INTERSECTIONS AND WILL BE DESIGNED TO MEET MINIMUM AVG. MAINTAINED HORIZONTAL LIGHT LEVELS AND MAXIMUM UNIFORMITY RATIOS. THESE LIGHT LEVELS WILL BE SUFFICIENT TO ACCOMMODATE ALL ROADWAY USERS. SIDNEY ROAD NON -MOTORIZED IMPROVEMENTS CONCEPTUAL LAYOUT APPROX. CITY LIMIT EX ROW Drawn By: Christian Williams, PE Date: 10/26/2022 Scale: 1 "=40' DocuSign Envelope ID: FOA7201 D-12AE-4F5A-8D6C-46E5F4BBE30D ORCHAEst. 1890 RD. SIDNEY ROAD NON -MOTORIZED IMPROVEMENTS CONCEPTUAL LAYOUT Drawn By: Christian Williams, PE Date: 10/26/2022 Scale: 1 "=40' DocuSign Envelope ID: FOA7201 D-12AE-4F5A-8D6C-46E5F4BBE30D NOTE: STREET LIGHTING WILL BE PROVIDED AT INTERSECTIONS AND WILL BE DESIGNED TO MEET MINIMUM AVG. MAINTAINED HORIZONTAL LIGHT LEVELS AND MAXIMUM UNIFORMITY RATIOS. THESE LIGHT LEVELS WILL BE SUFFICIENT TO ACCOMMODATE ALL ROADWAY USERS. -i AW& —WALL LIKELY REQUIRED EX ROW j ------------------------------------------- =6 _---- _- SIDNEY RAW ORCHAEst. 1890 RD. L H h H 11 L ilb. APPROX. 6, / EX ROW CITY LIMIT SIDNEY ROAD NON -MOTORIZED IMPROVEMENTS CONCEPTUAL LAYOUT EX ROW PROTEC AND C� TO NARF -------------------------- WSE Drawn By: Christian Williams, PE Date: 10/26/2022 Scale: 1 "=40' DocuSign Envelope ID: FOA7201 D-12AE-4F5A-8D6C-46E5F4BBE30D 1 EX ROW PROTECT EX CB APPROXIMATE wUE vF BRIDGE PIERS Est. 1890 ORCHARD. RD SW --------------- M& WSDOT ROW APPROXIMATE E BRIDGE PIERS Ir EX R( SIDNEY ROAD NON -MOTORIZED IMPROVEMENTS CONCEPTUAL LAYOUT Z Drawn By: Christian Williams, PE Date: 10/26/2022 Scale: 1 "=40' DocuSign Envelope ID: FOA7201 D-12AE-4F5A-8D6C-46E5F4BBE30D City of Port Orchard Sidney Road Non -Motorized Improvements December 28, 2023 ATTACHMENT 2 SURVEY LIMITS EXHIBIT 2727 Hollycroft Street, Suite 230 • Gig Harbor, WA 98*44be35(AfMe 253.201.0777 • Fax 360.352.1509 • scjalliance.com DocuSign Envelope ID: FOA7201D-12AE-4F5A-8D6C-46E5F4BBE30D 741 'tom+-'%rr'�"4 ;b w � e;� � Fk.�'. �� +� t-'•. *AiI a 40, Te r ��' .. `,,'1j '*, ♦ � M�` ,fir x'� ` '-+�. • ,l� � ...,�,, I♦: � � �,,. . ^,�ia � ' , } �': �.'. 1' • •Of iii��• 'r• SCALE 4 'E IN FEET Jf 44 ^ �• �` ��_ ., �'�- - :�,z n, `�'. - �` ''+1�•� ti.�. �`�_ -"�` a� ,fit' - � �. ' ' it r Av *1 41; CULVERT` UNDER — F SIDNEY t ROAD ... '� <o I. -, I- �;i 4 501 NORTH OF EXISTING ; -t �` �s J4t'� d '+."1' ,—' SIDEWALK. is c SIDNEY ROAD — ':• q1 3 A ,; _ II •i.PO �x• 4 �.. - �_.�- - .0 = I., NN A a u r:.�. ir.'I ".'i .. 1 :I �•�,� � n l 77 +i td' ii'Id Owl`• i.. - t+: .•�. 1 -- "1 ,.-■d - �.y ':1'b �hM11. - .a rvr. '°' •SY d .�, , i t l - 9 fi, . Y' ` s III ry , x �.4 ,"'�.n'! ..,iy+'4'�='I ,, � �,,i. tr - I � � „ � ,:,� � • ,�.119 a rl .st � � '�' • ; i ,� _ Y ,r L_ __ . /I � ar , n� �.r�",`�• ,;.,� ,c" . - _ .. " ' 'j .4W b PROVIDE LOCATIONS .. ,� l — j 11 y �_•s" <, �, A '* ,: y'�,' u ;may` OF OVERPASSES AND �T �.�111♦I -. ,w� ram. PIERS rot '" w I �� _:'e'R!} :. ,. .- s "'. 'elµ .' im•.. "•`S=+� ��1 I .y. � � P r ,L.. s. , �..:.:, •. ". ;,; ,..; �, : ter, s 'a +� .NOTES: EXTENDS 100' ON EACH SIDE STREET •. •� ,I,.,� ..�: - . r � „t""*.. ��y/.tea �'+#.��1"'tdu,. V:.w- ♦ _ - ' -. �`.,,^K - '" s,,,+Rf.•a�,y� v R _ 401� PATHWAY TO SIDNEY GLEN r T ,'ice;; ELEMENTARY ,•, "`"� - INCLUDES , ROW DETERMINATION FOR FULL 1 t^� v ci ■ "'�. as f:�. ,.. i1 *, +�ptA�� "�� ; �1': k LIMITS OF SURVEY 7smilt HORIZONTAL SCALE: EXHIBIT No I : -300' DATE: 10/31/2023 SIDNEY ROAD NON -MOTORIZED IMPROVEMENTS SC.J ALLIANCE JOB No.: CONSULTING SERVICES 23-POO875 SURVEY LIMITS SHEET No: 8730 TALLON LANE NE, SUITE 200, LACEY, WA 98516 DRAWING FILE No.: P: 360.352.1465 Page 36 of 51 SGALLIANCE.COM g DocuSign Envelope ID: FOA7201 D-12AE-4F5A-8D6C-46E5F4BBE30D EXHIBIT B Rates for Services to be Provided bV Consultant. The Consultant shall furnish the services in accordance with the rates specified below or attached hereto, as Exhibit B. City of Port Orchard and Shea Carr Jewell, Inc. dba SCJ Alliance Sidney Road Non -Motorized Improvements updated4/2022IBDR Page 37 Of 51 DocuSign Envelope ID: FOA7201D-12AE-4F5A-8D6C-46E5F4BBE30D Contract Exhibit B-Fees Consultant Billing Rate Schedule SO Alliance Client: City of Port Orchard Project: Sidney Road Non -Motorized Improvements Job #: 23-000875 File Name: Port Orchard Sidney Rd_Rates.xlsm Date: 1/5/24 Billing Rate Schedule Hourly Rate Table Format: Allowable Overhead Rate: Negotiated Fixed Fee: Labor Template Version: i� SCJ ALLIANCE Billing Rate Schedule N/A N/A 8/17/2023 Total Hourly Total Hourly Job Classifications - - Billing Rates Billing Rates Minimum NTE Principal - - $185.00 $400.00 Senior Consultant $165.00 $390.00 Senior Project Manager - - $185.00 $325.00 PM3 Project Manager $165.00 $250.00 PM2 Project Manager - - $145.00 $235.00 PMl Project Manager $130.00 $225.00 Senior Engineer - - $155.00 $240.00 E4 Engineer $145.00 $215.00 E3 Engineer - - $125.00 $185.00 E2 Engineer $105.00 $160.00 El Engineer - - $100.00 $145.00 Senior Landscape Architect $130.00 $180.00 1.4 Landscape - - $120.00 $170.00 L3 Landscape $115.00 $150.00 1.2 Landscape - - $105.00 $140.00 L1 Landscape - - $100.00 $130.00 Senior Planner - - $155.00 $245.00 P4 Planner $125.00 $180.00 P3 Planner - - $115.00 $170.00 P2 Planner $105.00 $160.00 P1 Planner - - $90.00 $145.00 Senior Technician $115.00 $180.00 T4Technician - - $110.00 $155.00 T3 Technician $100.00 $145.00 T2Technician - - $90.00 $135.00 T1Technician $80.00 $125.00 Construction Inspector - - $0.00 $0.00 Senior Construction Manager $185.00 $290.00 RE 3 Construction Resident Engineer - - $170.00 $250.00 RE 2 Construction Resident Engineer $145.00 $230.00 RE 1 Construction Resident Engineer - - $140.00 $190.00 Construction Office Engineer - - $145.00 $230.00 Cl4 Construction Inspector $170.00 $250.00 Cl3 Construction Inspector - - $145.00 $230.00 Cl2 Construction Inspector $120.00 $165.00 Cl1 Construction Inspector - - $100.00 $155.00 Graphic Designer $100.00 $155.00 PC3Project Coordinator -CMOnly - - $125.00 $165.00 PC 2 Project Coordinator $115.00 $155.00 PC 1 Project Coordinator - - $100.00 $140.00 Project Accountant $100.00 $200.00 Page 38 of 51 DocuSign Envelope ID: FOA7201D-12AE-4F5A-8D6C-46E5F4BBE30D Consultant Labor Hour Estimate SCJ Alliance clkm: City of Port Orchard Tc l..tc version. a/11/2— Paden: Sidney Road Non -Motorized Improvements contras i.R.. LAG comracl lob n: 23-000875 File Name: 2623-1214 Pon orchard sud Rd_Fee.xlsm SCJ ALLIANCE Task No. Management Subtotal Hour,: Progress Reports (assume 12) Subtotal Hour,: Task 03 Subconsultuart Coordination Subtotal Hour,: Task 04 Progress ...Udg. <i,koff Meaning Outside d liclol MeetingMonthly Pnogre. Meetings (assume 12) Total Phase Direct Labor; Data . - F © s F Cost Estimate s F gP.d.stri.n Cr.ssirg Technical Memo Subtotal Hcurs: ttrr�� Total Phase Direct Labor: PHASE 03 Public Involvement School Information Flyr Task 02 Council Update Council Updates Subtotal hours; Total Phase Hours: Total Phase Direct Labor; PHASE 04 Environmental Permittirl Pill Task 01 Cultural Resources Background Research and Records R-we, Subtotal Hcurs: Total Phase Hours: Total Phase Direct Labor: Page 39 of 51 cr, IV27/2023 DocuSign Envelope ID: FOA7201D-12AE-4F5A-8D6C-46E5F4BBE30D Consultant Labor Hour Estimate SCJ Alliance Clkm: City of Port Orchard Template version. a/11/2- Praien: Sidney Road Non -Motorized Improvements —t-1 i.R.. LAC Com.1 lob n: 23-000875 File Na— 363313ta Port orchard sud Rd_Fee..- SCJ ALLIANCE Task No. T.akOt 60% Design Plan, Response to Comments Stornowater Model Draft Storromter Site Plan and Report TemporarV Erosion and Sediment Control Subtotal lo—: TaskO5 60% Design Cost Estimate 60% Design Cost Estimate Subtotal Hours: Total Phase He.-: Total Phase Direct Labor: PHASE 06 100% Design T.AOI 100% Design Plan. Response to Comments H.racud.l.nd Vertical Lay - Final St.r.— Report Subtotal He.-: Design Report e% Design Subtotal He.-: 00%F- - Subtotal He.-: Task 05 Weap Co,my Right of Way Permit Right of Way Permit Support Subtotal He.-: Total Phase Direct Labor: Taskol BID Document Plans, Spedfications and Estimate e Document Plans, Specifications and Estimate Response to Comments 1,679,14 Subtotal Hours: Task02 Assistance During Bidding Bid Addendum Subtotal -Ouraw Total Phase He.-: Page 40 of 51 DocuSign Envelope ID: FOA7201D-12AE-4F5A-8D6C-46E5F4BBE30D Consultant Labor Hour Estimate SCJ Alliance clkm: City of Port Orchard Tc l.,-version. a/12/2— Rraieo: Sidney Road Non -Motorized Improvements —t,art Tync. LAG comract lobe: 23-0 75 File Name: n orchard sidney Rd_Fee.xlsm SCJ ALLIANCE Phose & Task No. Phote&Tptk Title Principal Senlor ProjeR Manager E4 Engineer El Engineer Senior Technician T3 Technician Senlor Prole. Manager Senior Consultant P4 Planner Project Accountant Total Direct Lobor Hours& Cost Total Cott PHASE 08 Survey and Right of Way Base Mapping (by MTN2Coast) See Subconsultants See Subconsultants $ Subtotal Hours; $ - Total Phase Hours: $ Total Phase Direct Labor: $ - Total Hours All Phases 13.0 283.0 404.0 74.0 270.0 252.0 16.0 14.0 36.0 24.0 1,386.0 1386.0 Total Direct Labor Estimate All Phases $1,274.39 $22,223.85 $19,822.87 $2,486.40 $14,288.40 $8,996.40 $1,192.80 $1,161.30 $1,656.77 $993.38 $74,096.56 $ 220,207.57 Indirect Costs Subconsultants: Subconsultant subtotal: Subconsultant Markup: Suit consuhantrotal: Reimbursable Expenses: Expenses Subtotal: Expenses Markup: Expenses Total: Management Reserve: Total Indirect Costs: Total: Mtn2Coast $30420.22 $ 30,420.22 $ $ 30 0.22 Copies, Printing, etc. TrafficCounts Mileage $ - $ 1,500.00 $ 327.50 $ 1,827.50 $ $ 1827.50 $ 25,000.00 $ 57,247.72 $ 277,455.29 Page 41 of 51 DocuSign Envelope ID: FOA7201 D-12AE-4F5A-8D6C-46E5F4BBE30D Consultant Fee Determination Summary - Exhibit D-] SCJ Alliance Client: City of Port Orchard Project: Sidney Road Non -Motorized Improvemen Job #: 23-000875 File Name: 2023-1214 Port Orchard Sidney Rd_Fee.xlsm Consultant Fee Determination DIRECT SALARY COST Classification Principal Senior Project Manager E4 Engineer El Engineer Senior Technician T3 Technician Senior Project Manager Senior Consultant P4 Planner Project Accountant OVERHEAD Overhead Rate: FIXED FEE Fixed Fee Rate: TOTAL SALARY COST SUBCONSULTANTS Mtn2Coast i� SCJ ALLIANCE Template Version: 8/17/2023 Contract Type: LAG Contract Hours Direct Hourly Rate Amount 13.0 $98.03 $1,274.39 283.0 $78.53 $22,223.85 404.0 $49.07 $19,822.87 74.0 $33.60 $2,486.40 270.0 $52.92 $14,288.40 252.0 $35.70 $8,996.40 16.0 $74.55 $1,192.80 14.0 $82.95 $1,161.30 36.0 $46.02 $1,656.77 24.0 $41.39 $993.38 Total Direct Salary Cost $74,096.56 166.19% Direct Salary Cost: $74,096.56 Overhead Cost $123,141.08 31.00% Direct Salary Cost: $74,096.56 Fixed Fee Cost $22,969.93 Total Salary Cost $220,207.57 PHASE 08 Subconsultant Fee Subtotal: Subconsultant Markup: $0 0% Survey and Right of Way Base Mapping (by MTN2( $30,420.22 $30,420.22 $0.00 REIMBURSABLE EXPENSES Copies, Printing, etc. 0.0% of the Direct Salary Costs $0.00 Traffic Counts TC2 $1,500 Mileage 500 miles at $0.655 per mile $327.50 Expenses Subtotal: $1,827.50 Expenses Markup: 0% $0.00 SUBTOTAL (SALARY, SUBCONSULTANTS AND EXPENSES) Subtotal (Salary, Subconsultants and Expenses) $252,455.29 MANAGEMENT RESERVE FUND (MRF) Management Reserve: $25,000.00 $25,000.00 Total Estimated Budget: $277,455.29 Page 42 of 51 2/27/2023 Page 5 DocuSign Envelope ID: FOA7201D-12AE-4F5A-8D6C-46E5F4BBE30D Aft � Washington State VI/ Department of Transportation July 6, 2023 Shea, Carr & Jewell, Inc. (dba SO Alliance) 8370 Tallon Lane NE, Suite 200 Lacey, WA 98516-6642 Subject: Acceptance FYE 2022 ICR — CPA Report Dear Heather Seago: Development Division Contract Services Office PO Box 47408 Olympia, WA 98504-7408 7345 Linderson Way SW Tumwater, WA 98501-6504 TTY:1-800-833-6388 www.wsdot.wa.gov We have accepted your firms FYE 2022 Indirect Cost Rate (ICR) of 166.19% of direct labor (rate includes 0.28% Facilities Capital Cost of Money) based on the "Independent CPA Report," prepared by Stambaugh Ness. This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with the firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 704-6397 or via email consultantrates(a,wsdot.wa.gov. Regards; schatzl,e 1farv� Schatzie Harvey (Jul 6, 202313: PDT) SCHATZIE HARVEY, CPA Contract Services Manager SH:BJO Page 43 of 51 DocuSign Envelope ID: FOA7201 D-12AE-4F5A-8D6C-46E5F4BBE30D 0001��o ift— 34. MT---.ul December 12, 2023 Aaron Knight SCJ Alliance Aaron.knight@scjalliance.com 253.201.0777, ext. 293 Professional Land Surveyors Where Sound Practice. Innovation and Client Service Collide 2320 Rottman Road SVV, Suite 106. Turnwater. WA 98512 (360) 688-1949 % v.-w .rntn2coast.com Re: Sidney Road, Port Orchard, WA —Topographic Survey and Right -of -Way Establishment Dear Aaron: Thank you for the opportunity to provide professional surveying services. Scope Right -of -Way (ROW) Establishment MTN2COAST, LLC (M2C) will complete the necessary field and office work to establish the right-of-way lines along the project roadway based upon record information available. This right-of-way establishment will be preliminary. No title reports will be obtained for this project and M2C will not be completing a property survey of adjacent lots or showing easements on those properties. No corners will be set by M2C. Topographic Survey M2C will complete a Topographic Survey of the site. The mapping limits of the site are shown on the attached Survey Limits Exhibit. The Topographic Survey will be completed to the attached SCJ Subconsultant Requirements - Topographic Survey October 2023. If traffic control is needed to access roadway features and utilities, an additional fee will be required. Deliverables M2C will deliver the following: • Topographic Survey Map in pdf form. • ACAD electronic drawing file of the project by email. Page 44 of 51 DocuSign Envelope ID: FOA7201 D-12AE-4F5A-8D6C-46E5F4BBE30D 0001��o �Cr� 34- ---.ul MT Professional Land Surveyors Where Sound Practice. Innovation and Client Service Collide 2320 Rottman Road SVV, Suite 106. Tumviater. WA 98512 (360) 688-1949 % v.-w%v.rntn2coast.com Fee M2C fee for completing the survey shall be lump sum as follows: ROW Establishment Topographic Survey Utility Locator Service $7,267.77 T&M $19,652.45 T&M $3,500 Lump Sum General Conditions M2C's General Conditions of Contract, attached, are included as part of this Agreement for professional services. Please sign a copy of this letter and return to M2C as notice to proceed. Please feel free to contact me at Blair@mtn2coast.com or by phone at 360.688.1949 if you have any questions. Best regards, MTN2COAST, LLC Blair E. Prigge, PLS, EIT Survey Manager Proposal and General Conditions of Contract Accepted SCJ Alliance Signature Date: Page 45 of 51 DocuSign Envelope ID: FOA7201 D-12AE-4F5A-8D6C-46E5F4BBE30D MTN CC Limits of to Professional Land Surveyors Where Sound Practice. Innovation and Client Service Collide 2320 Rottman Road SVV, Suite 106. Turnwater. WA 98512 (360) 688-1949 % www.rntn2coast.com Survey Limits Exhibit ted in red. • 0 3CC FPS i SCALE Ih FEET ,' d 9 a 1 het •w ... �„ Page 46 of 51 DocuSign Envelope ID: FOA7201 D-12AE-4F5A-8D6C-46E5F4BBE30D Exhibit E-1 Subconsultant Fee Determination - Summary Sheet (Mandatory when Subconsultants are utilized) Project: Port Orchard Sidney Road - ROW Establishment Sub Consultant: MTN2COAST, LLC Direct Salary Cost (DSC): Classification Man Hours Rate = Cost ROW Plan and Determination Senior Surveyor 8 X 80.00 640.00 Surveyor -LSIT 8 X 50.00 400.00 Senior Survey Technician 24 X 35.00 840.00 Survey Technician 24 X 35.00 840.00 Jr Survey Technician 24 X 30.00 720.00 X Topographic Mapping and Map X Senior Surveyor X 80.00 Surveyor-LSIT X 50.00 Senior Survey Technician X 35.00 Survey Technician X 30.00 Jr Survev Technician X 24.00 X X X Total DSC = 3,440.00 Overhead (OH Cost -- including Salary Additives) OH Rate x DSC of 73.47% x 3,440.00 = 2,527.37 Fixed Fee (FF): FF Rate x DSC of 31.00% x 3,440.00 = 1,066.40 Reimbursables: Mileage 360 x $ 0.65 = $ 234.00 Locator Service $ - x $ 1.10 = $ - title reports x5 $ x $ 1.10 = $ - SubConsultant Total = $ 7,267.77 Grand Total = Prepared By: PJ Boughal Date: 12/12/2023 DOT Form 140-089 EF Exhibit G-1 Revised 01/09 Page 47 of 51 20231106 Sidney Rd Exhibit E-1 ROW establishment.xlsx Printed 12/12/2023 DocuSign Envelope ID: FOA7201 D-12AE-4F5A-8D6C-46E5F4BBE30D Exhibit E-1 Subconsultant Fee Determination - Summary Sheet (Mandatory when Subconsultants are utilized) Project: Port Orchard Sidney Road - Topography Sub Consultant: MTN2COAST, LLC Direct Salary Cost (DSC): Classification Man Hours Rate = Cost ROW Plan and Determination Senior Surveyor X 80.00 Surveyor-LSIT X 50.00 Senior Survey Technician X 35.00 Survey Technician X 35.00 Jr Survey Technician X 30.00 X Topographic Mapping and Map X Senior Surveyor 16 X 80.00 1,280.00 Surveyor-LSIT 20 X 50.00 1,000.00 Senior Survey Technician 56 X 35.00 1,960.00 Survey Technician 120 X 35.00 4,200.00 Jr Survev Technician 24 X 30.00 720.00 X X X Total DSC = 9,160.00 Overhead (OH Cost -- including Salary Additives) OH Rate x DSC of 73.47% x 9,160.00 = 6,729.85 Fixed Fee (FF): FF Rate x DSC of 31.00% x 9,160.00 = 2,839.60 Reimbursables: Mileage 1420 x $ 0.65 = $ 923.00 Locator Service $ - x $ 1.10 = $ - title reports x5 $ x $ 1.10 = $ - SubConsultant Total = $ 19,652.45 Grand Total = Prepared By: PJ Boughal Date: 12/12/2023 DOT Form 140-089 EF Exhibit G-1 Revised 01/09 Page 48 of 51 20231106 Sidney Rd Exhibit E-1 Topographic Mapping.xlsx Printed 12/12/2023 DocuSign Envelope ID: FOA7201D-12AE-4F5A-8D6C-46E5F4BBE30D Aft Washington State Development Division VrAf Department of Transportation Contract Services Office p p PO Box 47408 Olympia, WA 98504-7408 7345 Linderson Way SW Tumwater, WA 98501-6504 TTY:1-800-833-6388 www.wsdot.wa.gov October 10, 2023 MTN2COAST, LLC 2320 Mottman Road SW, Suite 106 Tumwater, WA 98512 Subject: Acceptance FYE 2022 ICR — Audit Office Review Dear Jessica Prigge: Transmitted herewith is the WSDOT Audit Office's memo of "Acceptance" of your firm's FYE 2022 Indirect Cost Rate (ICR) of 73.47% of direct labor. This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with your firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 704-6397 or via email consultantrates(a wsdot.wa.$!ov. Regards, cG�atzl� tfa�v� Schatzie Harvey (Oct 11, 2023 15: PDT) SCHATZIE HARVEY, CPA Contract Services Manager SH:leg Page 49 of 51 DocuSign Envelope ID: FOA7201 D-12AE-4F5A-8D6C-46E5F4BBE30D APPENDIX A During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest 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 C.F.R. 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 C.F.R. 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 4 7123), 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.P.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; City of Port Orchard and Shea Carr Jewell, Inc. dba SCJ Alliance Sidney Road Non -Motorized Improvements updated4/2022IBDR Page 50 of 51 DocuSign Envelope ID: FOA7201 D-12AE-4F5A-8D6C-46E5F4BBE30D • 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). City of Port Orchard and Shea Carr Jewell, Inc. dba SCJ Alliance Sidney Road Non -Motorized Improvements updated4/2022IBDR Page 51 of 51