075-24 - BCRA, Inc. - ContractDocusign Envelope ID: E8734213-9559-4D3D-96FE-FDEB3B6E1C64
Local Agency A&E Professional Services
Negotiated Hourly Rate Consultant Agreement
Agreement Number:
Firm/Organization Legal Name (do not use dba's):
BCRA, Inc.
Address
2106 Pacific Ave, Suite 300
UBI Number
601 181 873
Execution Date
1099 Form Required
❑■ Yes ❑ No
Project Title
Tremont Rd W Non -Motorized Improvements
Description of Work
Federal Aid Number
Federal TIN
91-1447237
Completion Date
December 31, 2025
Federal Participation
❑ Yes ❑■ No
BCRA will provide conceptual design, public outreach, and engineering design services as described in
this Scope of Services, to the City of Port Orchard for the design of non -motorized transportation
improvements to approximately 1,200 feet of Tremont St W from Port Orchard Blvd to Sidney Ave.
Work includes engaging the public to discern needs and desires of the users of the corridor,
development of alternatives, design of the preferred alternative to 90% design milestone.
❑ Yes
❑ Yes
❑ Yes
❑ Yes
Index of Exhibits
ICI
No DBE Participation
0
No MBE Participation
Q
No WBE Participation
[1
No SBE Participation
Maximum Amount Payable: 716,828.39
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
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 1 of 14
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THIS AGREEMENT, made and entered into as shown in the "Execution Date" box on page one (1) of this
AGREEMENT, between the 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.
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Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required,
per 49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the
commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will
be shown on Exhibit "B" attached hereto and by this reference made part of this AGREEMENT. If the Prime
CONSULTANT is, a DBE certified firm they must comply with the Commercial Useful Function (CUF)
regulation outlined in the AGENCY's "DBE Program Participation Plan" and perform a minimum of 30% of the
total amount of this AGREEMENT. It is recommended, but not required, that non -DBE Prime CONSULTANTS
perform a minimum of 30% of the total amount of thisAGREEMENT.
In the absence 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.diyersitycomplianee.com program. Payment information shall
identify any DBE Participation.
All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned.
All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C
— Preparation and Delivery of Electronic Engineering and other Data."
All designs, drawings, specifications, documents, and other work products, including all electronic files,
prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of
service for these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others,
acting through or on behalf of the AGENCY of any such instruments of service, not occurring, as a part of this
SERVICE, shall be without liability or legal exposure to the CONSULTANT.
Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the
other party by (i) certified mail, return receipt requested, or (ii) by email or facsimile, to the address set forth
below:
If to AGENCY: If to CONSULTANT:
Name: Christian Williams, PE, Asst. City Engineer Name: Andrew Cirillo, PE, Sr. Associate
Agency: City of Port Orchard Agency: BCRA, Inc.
Address: 216 Prospect St Address: 2106 Pacific Ave, Suite 300
City: Port Orchard State: WA Zip: 98366 City: Tacoma State: WA Zip:98402
Email: cwilliams@portorchardwa.gov Email: ACirillo@bcradesign.com
Phone: 360-876-7039 Phone: 253-627-4367
Facsimile: Facsimile:
IV. Time for Beginning and Completion
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing
by the AGENCY. All work under this AGREEMENT shall conform to the criteria agreed upon detailed in the
AGREEMENT documents. These SERVICES must be completed by the date shown in the heading of this
AGREEMENT titled "Completion Date."
The established completion time shall not be extended because of any delays attributable to the CONSULTANT,
but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of
unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the
CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the
established completion time.
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V. Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this
AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or
SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete
SERVICES. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov).
A. Hourly Rates: Hourly rates are comprised of the following elements - Direct (Raw) Labor, Indirect Cost Rate,
and Fee (Profit). The CONSULTANT shall be paid by the AGENCY for work done, based upon the
negotiated hourly rates shown in Exhibits "D" and "E" attached hereto and by reference made part of this
AGREEMENT. These negotiated hourly rates will be accepted based on a review of the CONSULTANT's
direct labor rates and indirect cost rate computations and agreed upon fee. The accepted negotiated rates
shall be memorialized in a final written acknowledgment between the parties. Such final written
acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. The initially accepted
negotiated rates shall be applicable from the approval date, as memorialized in a final written
acknowledgment, to 180 days following the CONSULTANT's fiscal year end (FYE) date.
The direct (raw) labor rates and classifications, as shown on Exhibits "D" and "E" shall be subject to
renegotiations for each subsequent twelve (12) month period (180 days following FYE date to 180 days
following FYE date) upon written request of the CONSULTANT or the AGENCY. The written request must
be made to the other party within ninety (90) days following the CONSULTANT's FYE date. If no such
written request is made, the current direct (raw) labor rates and classifications as shown on Exhibits "D" and
"E" will remain in effect for the twelve (12) month period.
Conversely, if a timely request is made in the manner set forth above, the parties will commence negotiations
to determine the new direct (raw) labor rates and classifications that will be applicable for the twelve (12
month period. Any agreed to renegotiated rates shall be memorialized in a final written acknowledgment
between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this
AGREEMENT. If requested, the CONSULTANT shall provide current payroll register and classifications to
aid in negotiations. If the parties cannot reach an agreement on the direct (raw) labor rates and classifications,
the AGENCY shall perform an audit of the CONSULTANT's books and records to determine the
CONSULTANT's actual costs. The audit findings will establish the direct (raw) labor rates and
classifications that will applicable for the twelve (12) month period.
The fee as identified in Exhibits "D" and "E" shall represent a value to be applied throughout the life of the
AGREEMENT.
The CONSULTANT shall submit annually to the AGENCY an updated indirect cost rate within 180 days of
the close of its fiscal year. An approved updated indirect cost rate shall be included in the current fiscal year
rate under this AGREEMENT, even if/when other components of the hourly rate are not renegotiated. These
rates will be applicable for the twelve (12) month period. At the AGENCY's option, a provisional and/or
conditional indirect cost rate may be negotiated. This provisional or conditional indirect rate shall remain in
effect until the updated indirect cost rate is completed and approved. Indirect cost rate costs incurred during
the provisional or conditional period will not be adjusted. The CONSULTANT may request an extension of
the last approved indirect cost rate for the twelve (12) month period. These requests for provisional indirect
cost rate and/or extension will be considered on a case -by -case basis, and if granted, will be memorialized in
a final written acknowledgment.
The CONSULTANT shall maintain and have accessible support data for verification of the components of
the hourly rates, i.e., direct (raw) labor, indirect cost rate, and fee (profit) percentage. The
CONSULTANT shall bill each employee's actual classification, and actual salary plus indirect cost rate plus
fee.
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A. Direct Non -Salary Costs: Direct Non -Salary Costs will be reimbursed at the actual cost to the
CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long
distance telephone, supplies, computer charges, and fees of sub -consultants. Air or train travel will be
reimbursed only to lowest price available, unless otherwise approved by the AGENCY. The CONSULTANT
shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in
accordance with the WSDOT's Accounting Manual M 13-82, Chapter 10 — Travel Rules and Procedures, and
all revisions thereto. Air, train, and rental card costs shall be reimbursed in accordance with 48 Code of
Federal Regulations (CFR) Part 31.205-46 "Travel Costs." The billing for Direct Non -salary Costs shall
include an itemized listing of the charges directly identifiable with these SERVICES. The CONSULTANT
shall maintain the original supporting documents in their office. Copies of the original supporting documents
shall be supplied to the STATE upon request. All above charges must be necessary for the SERVICES
provided under this AGREEMENT.
B. Maximum Amount Payable: The Maximum Amount Payable by the AGENCY to the CONSULTANT under
this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one
(L) The Maximum Amount Payable does not include payment for extra work as stipulated in section XIII,
"Extra Work." No minimum amount payable is guaranteed under this AGREEMENT.
C. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized
in A and B above. Detailed statements shall support the monthly billings for hours expended at the rates
established in Exhibit "D," including names and classifications of all employees, and billings for all direct
non -salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT's
employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the
names, titles, salary rates, and present duties of those employees performing work on the SERVICES at the
time of the interview.
D. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be
made promptly upon its verification by the AGENCY after the completion of the SERVICES under this
AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, electronic data, and other
related documents, which are required to be furnished under this AGREEMENT. Acceptance of such Final
Payment by the CONSULTANT shall constitute a release of all claims for payment, which the
CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and
transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not,
however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies
the AGENCY may pursue with respect to such claims.
The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time
of final audit all required adjustments will be made and reflected in a final payment. In the event that such
final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such
overpayment to the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund
shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the
AGENCY of overpayment. Per WSDOT's "Audit Guide for Consultants," Chapter 23 "Resolution
Procedures," the CONSULTANT has twenty (20) working days after receipt of the final Post Audit to begin
the appeal process to the AGENCY for audit findings
E.Inspection of Cost Records: The CONSULTANT and their sub -consultants shall keep available for
inspection by representatives of the AGENCY and the United States, for a period of six (6) years after receipt
of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or
bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in
connection with, or related to this AGREEMENT is initiated before the expiration of the six (6) year period,
the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is
completed. An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be
performed by the State Auditor, WSDOT's Internal Audit Office and /or at the request of the AGENCY's
Project Manager.
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VI. Sub -Contracting
The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit "A" attached hereto and
by this reference made part of this AGREEMENT.
The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT
without prior written permission of the AGENCY. No permission for subcontracting shall create, between the
AGENCY and sub -consultant, any contract or any other relationship.
Compensation for this sub -consultant SERVICES shall be based on the cost factors shown on Exhibit "E"
attached hereto and by this reference made part of this AGREEMENT.
The SERVICES of the sub -consultant shall not exceed its maximum amount payable identified in each sub
consultant cost estimate unless a prior written approval has been issued by the AGENCY.
All reimbursable direct labor, indirect cost rate, direct non -salary costs and fee costs for the sub -consultant shall
be negotiated and substantiated in accordance with section V "Payment Provisions" herein and shall be
memorialized in a final written acknowledgment between the parties
All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall
require each sub -consultant or subcontractor, of any tier, to abide by the terms and conditions of this
AGREEMENT. With respect to sub -consultant payment, the CONSULTANT shall comply with all applicable
sections of the STATE's Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011.
The CONSULTANT, sub -recipient, or sub -consultant shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the
CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in
the termination of this AGREEMENT or such other remedy as the recipient deems appropriate.
VII. Employment and Organizational Conflict of Interest
The CONSULTANT warrants that they have not employed or retained any company or person, other than a
bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not
paid or agreed to pay any company or person, other than a bona fide employee working solely for the
CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration,
contingent upon or resulting from the award or malting of this agreement. For breach or violation of
this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its
discretion, to deduct from this AGREEMENT price or consideration or otherwise recover the full amount
of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or
services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the
CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's
Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made
by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other
persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole
obligation and responsibility of the CONSULTANT.
The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this
AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of
this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except
regularly retired employees, without written consent of the public employer of such person if he/she will be
working on this AGREEMENT for the CONSULTANT.
Agreement Number:
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VIII. Nondiscrimination
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub -consultants,
subcontractors and successors in interest, agrees to comply with the following laws and regulations:
• Title VI of the Civil Rights Act of 1964
(42 U.S.C. Chapter 21 Subchapter V §
2000d through 2000d-4a)
• Federal -aid Highway Act of 1973 (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
l 00-259)
• American with Disabilities Act of 1990 (42
U.S.C. Chapter 126 § 12101 et. seq.)
• 23 CFR Part 200
• 49 CFR Part 21
• 49 CFR Part 26
• RCW 49.60.180
In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit
"F" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached
Exhibit "F" in every sub -contract, including procurement of materials and leases of equipment, unless exempt
by the Regulations or directives issued pursuant thereto.
IX. Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon
ten (10) days written notice to the CONSULTANT.
In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the
CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged at the time of
tennination of this AGREEMENT, plus any direct non -salary costs incurred up to the time of termination of this
AGREEMENT.
No payment shall be made for any SERVICES completed after ten (10) days following receipt by the
CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to
Notice of Termination exceeds the total amount that would be due when computed as set forth in paragraph two
(2) of this section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the
AGENCY for any excess paid.
If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the
CONSULTANT, the above formula for payment shall not apply.
In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the
AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing
SERVICES to the date of termination, the amount of SERVICES originally required which was satisfactorily
completed to date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY
at the time of termination, the cost to the AGENCY of employing another firm to complete the SERVICES
required and the time which may be required to do so, and other factors which affect the value to the AGENCY
of the SERVICES performed at the time of termination. Under no circumstances shall payment made under this
subsection exceed the amount, which would have been made using the formula set forth in paragraph two (2) of
this section.
If it is determined for any reason, that the CONSULTANT was not in default or that the CONSULTANT's failure
to perform is without the CONSULTANT's or its employee's fault or negligence, the termination shall be
deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be
reimbursed for actual costs in accordance with the termination for other than default clauses listed previously.
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The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any
member, partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT's
supervisory and/or other key personnel assigned to the project or disaffiliation of any principally involved
CONSULTANT employee.
The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or
more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The
CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this
AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to
renegotiate any term(s) of this AGREEMENT. If termination for convenience occurs, final payment will be
made to the CONSULTANT as set forth in the second and third paragraphs of this section.
Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of any
remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the
CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY.
Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those
rights with respect to any future act or omission by the CONSULTANT.
X. Changes of Work
The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as
necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY
find it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof
changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall
be considered as Extra Work and will be paid for as herein provided under section X1II "Extra Work."
XI. Disputes
Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within
10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and
binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the
Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to judicial review. If
the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted
under the procedures found in Exhibit "J". In the event that either party deem it necessary to institute legal
action or proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in
the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. The
parties hereto agree that all questions shall be resolved by application of Washington law and that the parties
have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of
Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State
of Washington, situated in the county in which the AGENCY is located.
XII. Legal Relations
The CONSULTANT, any sub -consultants, and the AGENCY shall comply with all Federal, State, and local
laws, rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed
under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws
of the State of Washington.
The CONSULTANT shall defend, indemnify, and hold the State of Washington (STATE) and the AGENCY
and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or
in part from the negligence of, or the breach of any obligation under this AGREEMENT by, the
CONSULTANT or the CONSULTANT's agents, employees, sub consultants, subcontractors or vendors, of any
tier, or any other persons for whom the CONSULTANT may be legally liable; provided that nothing herein shall
require a CONSULTANT
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to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold
harmless the STATE and the AGENCY and their officers and employees from claims, demands or suits based
solely upon the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the
AGENCY, their agents, officers, employees, sub -consultants, subcontractors or vendors, of any tie , or any other
persons for whom the STATE and /or the AGENCY may be legally liable; and provided further that if the claims
or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT or the
CONSULTANT's agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other
persons for whom the CONSULTANT is legally liable, and (b) the STATE and/or AGENCY, their agents,
officers, employees, sub -consultants, subcontractors and or vendors, of any tier, or any other persons for whom
the STATE and/or AGENCY may be legally liable, the defense and indemnity obligation shall be valid and
enforceable only to the extent of the CONSULTANT's negligence or the negligence of the CONSULTANT's
agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the
CONSULTANT may be legally liable. This provision shall be included in any AGREEMENT between
CONSULTANT and any sub -consultant, subcontractor and vendor, of any tier.
The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers
and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the
alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets,
patents, proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the
CONSULTANT's agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other
persons for whom the CONSULTANT may be legally liable, in performance of the Work under this
AGREEMENT or arising out of any use in connection with the AGREEMENT of methods, processes, designs,
information or other items furnished or communicated to STATE and/or the AGENCY, their agents, officers and
employees pursuant to the AGREEMENT; provided that this indemnity shall not apply to any alleged patent or
copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary
information, know-how, copyright rights or inventions resulting from STATE and/or AGENCY'S, their agents',
officers and employees' failure to comply with specific written instructions regarding use provided to STATE
and/or AGENCY, their agents, officers and employees by the CONSULTANT, its agents, employees, sub -
consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be
legally liable.
The CONSULTANT's relation to the AGENCY shall be at all times as an independent contractor.
Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its
sole discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due
notice and examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter
42.52 RCW; or any similar statute involving the CONSULTANT in the procurement of, or performance under,
this AGREEMENT.
The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT's own
employees or its agents against the STATE and/or the AGENCY and, solely for the purpose of this
indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial
insurance law, Title 51 RCW. The Parties have mutually negotiated this waiver.
Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of
construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable
supplemental AGREEMENT, the CONSULTANT shall provide On -Call assistance to the AGENCY during
contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for
proper construction techniques, job site safety, or any construction contractor's failure to perform its work in
accordance with the contract documents.
The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise
required, the following insurance with companies or through sources approved by the State Insurance
Commissioner pursuant to Title 48 RCW.
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 9 of 14
Docusign Envelope ID: E8734213-9559-4D3D-96FE-FDEB3B6E1C64
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 Als 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: Christian Williams, PE, Asst. City Engineer
Agency: City of Port Orchard
Address: 216 Prospect St
City: Port Orchard State: WA Zip: 98366
Email: cwilliams@portorchardwa.gov
Phone: 360-876-7039
Facsimile:
No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the
AGENCY.
The CONSULTANT's professional liability to the AGENCY, including that which may arise in reference to
section IX "Termination of Agreement" of this AGREEMENT, shall be limited to the accumulative amount of
the authorized AGREEMENT or one million dollars ($1,000,000.00), whichever is greater, unless the limit of
liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT's professional
liability to third parties be limited in any way.
The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third
party, and no third party beneficiary is intended or created by the execution of this AGREEMENT.
The AGENCY will pay no progress payments under section V "Payment Provisions" until the CONSULTANT
has fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action
as is available to it under other provisions of this AGREEMENT, or otherwise in law.
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 10 of 14
Docusign Envelope ID: E8734213-9559-4D3D-96FE-FDEB3B6E1C64
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 AGREEMENTS over one hundred thousand dollars ($100,000.00) and Exhibit "G-4" is required only
in AGREEMENTS 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.
XVIL 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.
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 11 of 14
Docusign Envelope ID: E8734213-9559-4D3D-96FE-FDEB3B6E1C64
XIX. Protection of Confidential Information
The CONSULTANT acknowledges that some of the material and information that may come into its possession
or knowledge in connection with this AGREEMENT or its performance may consist of information that is
exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other
local, state, or federal statutes ("State's Confidential Information"). The "State's Confidential Information"
includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers,
financial profiles credit card information, driver's license numbers, medical data, law enforcement records (or
any other information identifiable to an individual), STATE and AGENCY source code or object code, STATE
and AGENCY security data, non-public Specifications, STATE and AGENCY non -publicly available data,
proprietary software, STATE and AGENCY security data, or information which may jeopardize any part of the
project that relates to any of these types of information. The CONSULTANT agrees to hold the State's
Confidential Information in strictest confidence and not to make use of the State's Confidential Information for
any purpose other than the performance of this AGREEMENT, to release it only to authorized employees, sub -
consultants or subcontractors requiring such information for the purposes of carrying out this AGREEMENT,
and not to release, divulge, publish, transfer, sell, disclose, or otherwise make it known to any other party
without the AGENCY's express written consent or as provided by law. The CONSULTANT agrees to release
such information or material only to employees, sub -consultants or subcontractors who have signed a
nondisclosure AGREEMENT, the terms of which have been previously approved by the AGENCY. The
CONSULTANT agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized
access to the State's Confidential Information.
Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the
AGENCY's option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State's
Confidential Information; or (ii) returned all of the State's Confidential Information to the AGENCY; or (iii)
take whatever other steps the AGENCY requires of the CONSULTANT to protect the State's Confidential
Information.
As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following:
the State's Confidential Information received in the performance of this AGREEMENT; the purpose(s) for
which the State's Confidential Information was received; who received, maintained, and used the State's
Confidential Information; and the final disposition of the State's Confidential Information. The
CONSULTANT's records shall be subject to inspection, review, or audit upon reasonable notice from the
AGENCY.
The AGENCY reserves the right to monitor, audit, or investigate the use of the State's Confidential Information
collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or
investigating may include, but is not limited to, salting databases.
Violation of this section by the CONSULTANT or its sub -consultants or subcontractors may result in
termination of this AGREEMENT and demand for return of all State's Confidential Information, monetary
damages, or penalties
It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information, which
is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the
confidentiality of such information during the term of this AGREEMENT and afterwards. All materials
containing such proprietary and/or confidential information shall be clearly identified and marked as
"Confidential" and shall be returned to the disclosing party at the conclusion of the SERVICES under this
AGREEMENT.
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 12 of 14
Docusign Envelope ID: E8734213-9559-4D3D-96FE-FDEB3B6E1C64
The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers
confidential and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT, or (b) as
soon as such confidential or proprietary material is developed. "Proprietary and/or confidential information" is
not meant to include any information which, at the time of its disclosure: (i) is already known to the other party;
(ii) is rightfully disclosed to one of the parties by a third party that is not acting as an agent or representative for
the other party; (iii) is independently developed by or for the other party; (iv) is publicly known; or (v) is
generally utilized by unaffiliated third parties engaged in the same business or businesses as the
CONSULTANT.
The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure
laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and
or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a
public disclosure request is made to view materials identified as "Proprietary and/or confidential information" or
otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that
such records will be released to the requester unless the CONSULTANT obtains a court order from a court of
competent jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining
disclosure, the AGENCY will release the requested information on the date specified.
The CONSULTANT agrees to notify the sub -consultant of any AGENCY communication regarding disclosure
that may include a sub -consultant's proprietary and/or confidential information. The CONSULTANT
notification to the sub -consultant will include the date that such records will be released by the AGENCY to the
requester and state that unless the sub -consultant obtains a court order from a court of competent jurisdiction
enjoining that disclosure the AGENCY will release the requested information. If the CONSULTANT and/or
sub -consultant fail to obtain a court order or other judicial relief enjoining the AGENCY by the release date, the
CONSULTANT shall waive and release and shall hold harmless and indemnify the AGENCY from all claims of
actual or alleged damages, liabilities, or costs associated with the AGENCY's said disclosure of sub -
consultants' information.
XX. Records Maintenance
During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6)
years from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain, and
maintain all "documents" pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all
"documents" pertaining to the SERVICES provided hereunder shall be made available for review at the
CONSULTANT's place of business during normal working hours. If any litigation, claim, or audit is
commenced, the CONSULTANT shall cooperate with AGENCY and assist in the production of all such
documents. "Documents" shall be retained until all litigation, claims or audit findings have been resolved even
though such litigation, claim, or audit continues past the six (6) year retention period.
For purposes of this AGREEMENT, "documents" means every writing or record of every type and description,
including electronically stored information ("ESI"), that is in the possession, control, or custody of the
CONSULTANT, including, without limitation, any and all correspondences, contracts, AGREEMENTs,
appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten notes,
reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records, work sheets,
charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings, tabulations,
computations, summaries, inventories, and writings regarding conferences, conversations or telephone
conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or description;
every copy of the foregoing whether or not the original is in the possession, custody, or control of the
CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an
original, or whether or not such copy contains any commentary or notation whatsoever that does not appear on
the original.
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 13 of 14
Docusign Envelope ID: E8734213-9559-4D3D-96FE-FDEB3B6E1C64
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.
7:5:7� ( -
Joseph Rydman
Signature
�Slpnad by,
�D(a �WAgLt,SIAIA Mayor
�su,aur;�a��a•Y�
Signature
09/10/2024
Date
9/25/2024
Date
Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office
of the Attorney General.
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 14 of 14
Docusign Envelope ID: E8734213-9559-4D3D-96FE-FDEB3B6E1C64
Exhibit A
Scope of Work
See attached Exhibit A Scope of Work.
Project No.
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0713012021
Docusign Envelope ID: E8734213-9559-4D3D-96FE-FDEB3B6E1C64
07 bcra bcradesign.com
2106 Pacific Avenue, Suite 300
Tacoma WA 98402
EXHIBIT A
SCOPE OF SERVICES
City of Port Orchard
Tremont Rd W Non -Motorized Improvements
TABLE OF CONTENTS
PROJECT DESCRIPTION.............................................................,............ ................ ..............,.........................,......2
SCOPEOF SERVICES ....................... ........... ...................................................................................................... I., ......
2
Phase 01— Project Management...........................................................................................................................2
TaskC1— Contract Administration.....................................................................................................................2
Phase 02 — Site Investigation and Analysis•-•..........................................,...............................................................2
TaskC1— Civil Engineering ................................................ ............ ......................... . ............ ............2
Task XG1— Geotechnical Engineering (Kleinfelder)............................ :........ ........... ................ ................ ..... ......
2
Task XG2 — Infiltration Testing(Kleinfelder).......................................................................................................4
Task XR1— Property Owner Coordination (Tierra Right of Way Services).........................................................4
TaskXT1—Traffic Engineering (Transpo Group)................................................................................................5
Task XV1—Survey (Lanktree Land Surveying)....................................................................................................6
Task XW1— Critical Areas (Grette Associates).................................,...................................,.......................6
Phase 03 - Public Outreach and Alternatives Analysis...........................................................................................8
TaskC1— Civil Engineering.................................................................................................................................8
Task XT1—Alternatives Planning & Engineering Analysis (Transpo Group).......................................................8
Phase10 — 30% Design.........................................................................................................................................12
TaskC1— Civil Engineering.................................................................................,...............................................12
Task L1— Landscape Architecture....................................................................................................................12
Task XT1—Traffic Eng. and Illumination Design (Transpo Group).........................,.........................................12
Phase20 — 60% Design.........................................................................................................................................13
TaskC1— Civil Engineering .................... ...........................................................................................................13
Task L1— Landscape Architecture....................................................................................................................13
Task XS1 —Structural Engineering (Lund Opsahl).................................................... ,............... .........................
14
TaskXT1— Illumination Design (Transpo Group).........................................,....................................................14
Phase21— Environmental Permitting.................................................................................................................15
TaskC1—Civil Engineering...............................................................................................................................15
Phase 30 — 90% Design..................................................................... ...15
TaskC1— Civil Engineering...............................................................................................................................15
Task L1— Landscape Architecture....................................................................................................................16
Task XS1—Structural Engineering (Lund Opsahl).............................................................................................16
Task XT1— Illumination Design (Transpo Group) ................. ...... ........................... ............................16
PROJECTASSUMPTIONS ............................................... ,.............................................................................. ....... ........
17
Tremont Rd W Non -Motorized Improvements
Exhibit A Scope of Services
September 10, 2024 Page i of 17
Docusign Envelope ID: E8734213-9559-4D3D-96FE-FDEB3B6E1C64
11 bcra bcradesign.com
2106 Pacific Avenue, Suite 300
Tacoma, WA 96402
PROJECT DESCRIPTION
BCRA will provide conceptual design, public outreach, and engineering design services as described in this Scope
of Services, to the City of Port Orchard for the design of non -motorized transportation improvements to
approximately 1,200 feet of Tremont St W from Part Orchard Blvd to Sidney Ave. Work includes engaging the
public to discern needs and desires of the users off the corridor, development of alternatives, design of the
preferred alternative to 90% design milestone.
SCOPE OF SERVICES
Phase 01— Project Management
Task C1— Contract Administration
The following activities will be performed:
1. Prepare Project Management Plan (PMP) discussing project goals, risks, communication, and changes.
2. Prepare subconsultant agreements and manage subconsultants.
3. Monitor and control scope, schedule, and budget.
4. Prepare monthly invoices and progress reports.
Meetings:
• Project kickoff meeting (virtual, 2 staff, 1 hcur)
Assumptions:
• Project duration will be approximately sixteen months as shown on the project schedule.
Deliverables:
• Executed contract (pdf)
Project Management Plan (PMP) (pdf)
Monthly invoices and progress reports (pdf)
Phase 02 — Site Investigation and Analysis
Task C1— Civil Engineering
The following activities will be performed to gather data related to the existing site and prepare initial
analyses:
1. Coordinate work of sub -consultants performing site investigations.
2. Visit site to observe existing conditions.
3. Perform code study and review background information, including GIS data, to understand project
goals, opportunities, and constraints.
Task XG1— GeotechnicaI Engineering (Kleinfelder)
The following activities will be performed:
1. Field Exploration
a. Washington State Law requires that areas of subsurface exploration be marked in white paint
prior to utility locates and that utility companies be given a minimum of two business days to
mark utilities within the area. We will dispatch a Kleinfelder representative to mark the
planned exploration locations and perform site reconnaissance at least one week before our
field exploration. We will notify the One -Call utility locate service at least three business days
prior to excavation. Exploration locations will be estimated by pacing and taping distances
from site features, or by use of handheld GPS, and will be approximate. In addition to the
Tremont Rd W Non -Motorized Improvements
Exhibit A Scope of Services
September 10, 2024 Page 2 of 17
Docusign Envelope ID: E8734213-9559-4D3D-96FE-FDEB3B6E1C64
I) bcra
2106 Pacific Avenue, Suite 300
Tacoma, WA 98402
bcradesign.com
public utility locating described above, we will contract a private utility locating company to
perform conductible utility locating services at our proposed exploration locations.
b. We will explore soil conditions across the site by means of approximately 6 test pit
explorations and 6 hand hole explorations. Test pits depths are anticipated to range from
approximately 3 to 6 feet deep, or practical refusal, with depths determined based on the soil
conditions encountered and the corresponding site improvements. In general, we will attempt
to keep exploration depths to a minimum to reduce disturbance. Based on the referenced
geologic information, we anticipate that the site is underlain by Glacial Drift. Explorations for
curbs, sidewalks and retaining walls up to about 4 feet in height will need only extend a few
feet into unweathered Glacial Drift, or medium stiff / medium dense soils. Explorations for
proposed infiltration systems will extend at least three feet below the depth of the facility as
estimated by BCRA.
c. We will subcontract a local excavation contractor to mobilize to the site and excavate the test
pits with a rubber -tracked excavator. Where sod is present, we will attempt to remove it, set
it aside, and replace it at each test pit location. We will attempt to minimize disturbance to
the site; however, it should be anticipated that there will be some areas where sod is uneven
and some bare patches will remain. Should access not be provided to areas outside of the
existing pavement section, we will review our exploration plan to include soil borings, rather
than test pits and they will be advanced within the existing pavement section and require a
temporary lane closure.
d. Our explorations will be performed and logged under the full-time observation of Kleinfelder
staff, who will collect samples from each soil type or unit encountered during the excavation
for further examination and testing in our Redmond, Washington laboratory. In addition to
submitting select samples to evaluate geotechnical properties, additional samples will be
submitted to perform grain size testing and estimate infiltration rates based on guidance
provided in the Washington State Department of Ecology's Stormwater Management Manual
for Western Washington (SMMWW).
Laboratory Testing
a. Geotechnical laboratory testing will be performed in accordance with ASTM Standards on
selected samples. Laboratory tests will be conducted to provide data on the physical
characteristics of the subsurface soils for engineering studies and analysis. Laboratory tests
are anticipated to include natural water content, grain size distribution and hydrometer
analysis.
Analyses and Geotechnical Report
a. Based on the results of our site reconnaissance, subsurface exploration, and laboratory
testing, we will perform engineering analyses and prepare a geotechnical report that presents
the following:
i. A description of the proposed project;
ii. A site plan drawn to scale showing the approximate exploration locations;
iii. Logs of the explorations;
iv. Laboratory test results;
v. The geologic setting of the site, impact of the site geologic conditions to the project
and potential hazards to the proposed construction as well as means to mitigate such
hazards;
vi. A summary of subsurface soil and groundwater conditions as observed during
fieldwork;
Tremont Rd W Non -Motorized Improvements
Exhibit A Scope of Services
September 10, 2024 Page 3 of 17
Docusign Envelope ID: E8734213-9559-4D3D-96FE-FDEB3B6E1C64
P. bcra
2106 Pacific Avenue, Suite 300
Tacoma, WA 98402
bcradesign.com
vii. Earthwork recommendations including site and subgrade preparation, structural fill,
and wet weather earthwork;
viii. Evaluation of on -site soils for reuse as structural fill;
ix. Foundation and backfill design parameters for retaining walls up to 4 feet in height;
x. A summary of our infiltration evaluation based on grain size methods;
xi. Drainage recommendations for low impact development, potentially including
permeable pavement, bioretention, or manufactured units; and,
xii. Seismic site classification in accordance with the 2021 IBC; and,
xiii. Pavement recommendations for flexible pavements based on loading provided to us
by BCRA or others.
4. Meetings and Project Management
a. We anticipate providing a total of 8 hours of engineer and project manager time for emails,
telephone calls, on-line meetings and consultation with BCRA and the City, coordination and
discussion with other consultants, and project management.
Task XG2 — Infiltration Testinig Weinfeider)
The following activities will be performed:
1. Following review of the grain size analysis data and an initial evaluation of infiltration capacity, the
need for small scale infiltration tests will be determined with the City and project team. We have
scoped and budgeted to perform two small-scale Pilot Infiltration Tests (PIT) for up to 12 hours each in
accordance with the SMMWW. We will coordinate with the project team to determine the location of
the tests based on conditions encountered during Task 1 and 2 exploration and laboratory testing. We
have assumed that the tests will be performed outside of the existing asphalt pavement and sidewalk
concrete areas, and that traffic control and lane closures will not be required. We will utilize a 4,000-
gallon water truck to provide water, and anticipate running one infiltration test at a time.
Task XR1— Property Owner Coordination Tierra Right of Way Services
The following activities will be performed:
1. Project Administration
a. On grant funded projects, as part of public outreach efforts, assist the Client in preparation of
an "Introduction/Informational Let_er" to be delivered to homeowners and occupants
providing the Project purpose, an introduction to the Client's consultants, and an overview of
the Project schedule.
b. Attend the on -site or video conference Project kick-off meeting with Client staff.
c. Attend up to two monthly conference calls between the Client and Tierra to discuss and track
progress of the Project.
d. All ROE files will be prepared in a format that is satisfactory to the Client and will include a
standard agent contact report/diary reflecting all written, verbal, and email contact with
property owner(s). At a minimum, the parcel files will also include the agent diary and right of
entry document. Tierra will mainta n records in accordance with all statutory, regulatory and
policy requirements.
e. Tierra will review the Project schedule for the rights of entry phase and will monitor and
update the client as needed.
f. Tierra will prepare and submit Project status reports identifying the work completed by Tierra
or its sub -consultants during the period identified by the Client, any critical issues or problems
encountered, the work to be completed during the next period, and status updates detailing
Tremont Rd W Non -Motorized Improvements
Exhibit A Scope of Services
September 10, 2024 Page 4 of 17
Docusign Envelope ID: E8734213-9559-4D3D-96FE-FDEB3B6E1C64
11 bcra
2106 Pacific Avenue, Suite 300
Tacoma, WA 98402
bcradesign.com
the following information relative to each acquisition site. Tierra will provide Project status
report formats.
Rights of Entry (ROE)
a. Tierra will provide an informational welcome letter describing the Project and benefits to each
property owner and the right of entry request to property owners for their signature. A
maximum of three contacts, initially via U.S. mail, following up via email or phone and possibly
one in -person meeting.
b. Right of Entry Package to include:
i. Informational letter describing the Project.
ii. Legal description and exhibit map.
iii. Details of the right of entry work being completed.
iv. Timeline of activities.
Task XT1— Traffic Engineering (Transpo Group)
The following activities will be performed by Transpo to gather data related to the existing site:
1. Identify survey needs to inform the range of feasible alternatives for active mode and roadway
improvements.
2. Visit site to observe existing conditions.
3. Meet with City staff and stakeholders to identify goals, opportunities and constraints.
The following analyses will be performed:
1. Traffic analysis of up to three (3) corridor alternatives on either Tremont, Sidney or Port Orchard
Boulevard to evaluate the impacts of potential lane reallocations for active mode facilities. Additional
requested alternative analyses may require additional scope and fee. The results of the traffic analysis
will be included as a contributing factor in the alternatives analysis.
2. Traffic analysis support of the development of an intersection control alternatives evaluation at the
intersection of Tremont and Sidney.
The following activities will be performed by Transpo to gather data related to the safety planning tasks:
1. Collect, via third party vendors, traffic speed and volume data on all three corridors, pedestrian and
bicycle counts at existing intersections, including one 24-hour conflict analysis video at Tremont and
Port Orchard and one 24-hour conflict analysis video at Tremont and Sidney.
2. Collect, via WSDOT public records request, 5 years of crash data to inform an updated safety analysis.
The following safety analyses will be performed:
1. Review the City of Port Orchard's existing Local Road Safety Plan (LRSP)
2. Provide recommendations, based on WSDOT crash data, and 24-hour video analysis of intersections,
for additional active -mode related risk factors to include in the City's LRSP
3. Based on the results of other tasks, recommendation to include some of the projects and actions
identified for the three project corridors through the alternatives analysis may be recommended for
inclusion in the LRSP, and eligibility for future grant funding applications.
4. Meet with City staff to discuss potential changes and acceptable changes to the City's LRSP.
The following activities will be performed by Transpo to gather data related to the active mode planning tasks:
1. Collect "big data" from sources such as Strava, Streetlight and Replica to identify popular origins and
destinations for active mode users.
Tremont Rd W Non -Motorized Improvements
Exhibit A Scope of Services
September 10, 2024 Page 5 of 17
Docusign Envelope ID: E8734213-9559-4D3D-96FE-FDEB3B6E1C64
� bcra
2106 Pacific Avenue, Suite 300
Tacoma. WA 98402
bcradesign.com
The following active mode analyses will be perform-2d:
1. Evaluate the level of traffic stress (LTS) of the existing conditions on Tremont, Sidney and Port Orchard
Boulevard.
2. Work with data and meet with City staff to identify origins and destinations for active mode users in
all three corridors in the project area.
3. Utilize Transpo's ViaCity GIS-based software to identify missing links in the active mode network in the
three project corridors.
Task XV1—Survey (Lanktree Land Surveying)
BCRA will contract with Lanktree Land Surveying, Inc. for Right -of -Way and topographic survey.
2. Boundary Survey: Lanktree Land Surveying, Inc. will complete a Boundary Survey of the Right -of -Way of
Tremont St W as outlined on attached aerial exhibit. The Boundary Survey will be based on NAD83
horizontal datum, as required by the primary reviewing jurisdiction. We will survey and map any
observable perimeter occupational indicators. Boundary will be delineated per available record from
the Kitsap County Auditor website and/or supplied by client. For the purposes of this survey, it is
assumed that open access has been arranged with appropriate parties.
3. Topographic Survey: Lanktree Land Surveying, Inc. will survey the topography and observable
improvements of the full right-of-way width as outlined in the attached aerial exhibit. We will also
survey the locations of existing trees in accordance with primary reviewing jurisdiction requirements.
Marking placed by subconsultants prior to the start of the survey will be located, e.g., wetland flags, soil
test pits, and septic test pits. The Topographic Survey will be prepared using NAVD88 vertical datum as
required by the primary reviewing jurisdiction, and will show all spot elevations, breaks -in -grade, and a
1-foot contour interval in sufficient detail for your engineer, planner, and subconsultants to determine
slope gradients as may be required by the primary reviewing jurisdiction. Items buried or obscured by
heavy vegetation may not be located due to their existence being hidden. All visible, aboveground
utilities will be shown, as well as any reference paint marks for underground utilities. Invert elevations
will be provided where possible. The topographic survey will be prepared in AutoCAD format and a hard
copy provided.
4. Utility Locates: Lanktree Land Surveying, Inc. will contact the private utility locate company and
coordinate the locating of the underground utilities prior to commencement of the survey. The locate
company will locate conductible utilities. Wet utilities not observable from the surface will require a
more detailed locate using different technology and is not part of this proposal.
Task XW1— Critical Areas (Grette Associates)
The following activities will be performed:
1. Visit the project site and perform a critical areas assessment. If wetlands are found, they will be
delineated in accordance with the U.S. Army Corps of Engineers (USACE) Federal Wetland Delineation
Manual, the USACE's Regional Supplement to the Corps of Engineers Wetland Delineation Manual:
Western Mountains, Valleys, and Coast Region (Version 2.0), and Chapter 20.162 of Port Orchard
Municipal Code (POMC). Based on this guidance, wetland boundaries will be determined using
vegetation, soil characteristics, and hydrologic features and then marked using alpha -numerically
labeled stakes or flagging. In addition, the areas within 300 feet surrounding the project site will be
visually investigated for the presence of wetlands. All identified wetlands will be evaluated and rated
using the Washington State Department of Ecology Wetland Rating System for Western Washington,
2014 Update Version 2.0.
Tremont Rd W Non -Motorized Improvements
Exhibit A Scope of Services
September 10, 2024 Page 6 of 17
Docusign Envelope ID: E8734213-9559-4D3D-96FE-FDEB3B6E1C64
1,1,bcra
2106 Pacific Avenue, Suite 300
Tacoma, WA 98402
bcradesign.com
Perform an Ordinary High -Water Mark (OHWM) determination for any features that would be
classified as a stream according to Washington Administrative Code 222-16-030 and Chapter 20.162 of
the POMC as well as identify all fish and wildlife habitat conservation areas.
Prepare a critical areas report based on the results of the field delineations. The report will discuss the
physical and biological attributes of the identified critical areas, along with any applicable
categorization and buffer requirements. This document will be prepared in accordance with the
requirements of Chapter 20.162 of the POMC, and also will include a map showing the locations of
critical area boundaries in relation to the project site.
Meetings:
• LSRP Review Meeting (virtual, 4 staff, 1 hour)
• Active Mode User Review Meeting (virtual, 4 staff, 1 hour)
• Right of Entry Kickoff Meeting (virtual, 2 staff, 1 hour)
Assumptions:
• Tierra Right of Way Services charge for lodging and mileage from Lacey, Bellevue, or Wenatchee offices
may be applicable. Tierra will do its best to utilize resources within the region of the Project but may
need employees from offices further away to assist on projects, requiring lodging and mileage from that
office. We will do our best to limit this option.
• A maximum of three contacts, initially via U.S. mail, following up via email or phone and possibly one in -
person meeting.
• There are no more than two principal owners of any parcel and that both are geographically located
very near to each other.
• If any additional parcels or work is required that is not identified in this scope of work, an amendment
will be required.
• Scope does not include acquisition services, title, escrow, or recording fees, survey, the development of
legal descriptions or exhibits, or relocation assistance services.
• The Client will provide all relevant information previously obtained during community meetings,
correspondence with owners, and diary information, etc., and approved right of way Procedures.
• The critical areas report will summarize baseline environmental conditions within the project site and
does not include time to address mitigation or buffer modifications.
• A grain size analysis will be performed as a part of Task XG1 and will be provided to the City prior to the
execution of Task XG2.
• The maximum depth of the infiltration facility, if needed, will be 5 feet. Actual infiltration test depths will
be confirmed prior to testing.
• Excavations for the infiltration testing will be made with a rubber -tracked excavator. Where sod is
present, we will attempt to remove it, set it aside, and replace it at each PIT location. We will attempt
to minimize disturbance to the site, however, it should be anticipated that there will be some areas
where sod is uneven and some bare patches will remain.
• The City will provide the existing Local Road Safety Plan.
• The scope of planning and safety evaluations of active mode conditions outlined in the City's Project
Summary, included in the City's Award Letter for the WSDOT 2023-25 Pedestrian and Bicycle Program
dated May 19, 2023, are applicable to the City's desired scope of work.
Deliverables:
• Introduction/Informational Letters (pdf)
• Executed right of entry agreement via email to the Client (pdf)
Tremont Rd W Non -Motorized Improvements
Exhibit A Scope of Services
September 10, 2024 Page 7 of 17
Docusign Envelope ID: E8734213-9559-4D3D-96FE-FDEB3B6E1C64
!� bcra
2106 Pacific Avenue, Suite 300
Tacoma, WA 98402
bcradesign.com
• Right of Way Agent Diary (pdf)
• Geotechnical Report (pdf)
• Boundary and topographic survey (pdf and CAD)
• Critical Areas Report (pdf)
• Local Road Safety Plan update (pdf and doc)
• Technical Memorandum on existing LTS, origin/destinations and network needs for active modes (pdf
and doc)
Phase 03 - Public Outreach and Alternatives Analysis
Task C1— Civil Engineering
The following activities will be performed to engage the public and develop the alternatives for Tremont St W:
1. Coordinate with Transpo Group to develop outreach plan.
2. Coordinate with Transpo Group to develop proposed alternatives.
3. Attend alternatives review meeting with City staff.
4. Prepare for and attend public meeting.
5. Prepare for and attend stakeholder meeting.
6. Prepare for and attend City Council/committee meetings.
7. Coordinate with Transpo Group to analyze alternatives and develop a public outreach program.
Task XT1--Alternatives Pla n n i ng & En i nee ring Anal sis Trans po Grou
Transpo Group will perform the following activities to engage the public and develop the alternatives for
Tremont St W, Sidney Avenue and Port Orchard Boulevard. Activities will be closely coordinated with BCRA,
the City project manager and other City staff as deemed appropriate by the City project manager:
1. Develop and evaluate proposed alternatives to identify a preferred alternative for each corridor.
2. Develop a public outreach plan.
3. Prepare for and coordinate attendance at public meetings with BCRA and City staff.
4. Prepare for and coordinate attendance at City Council/agency committee meetings with BCRA and
City staff.
Identification of Alternatives
Transpo Group will develop, under this task, a minimum of two (2) and up to four (4) feasible alternatives for
the section, alignment, intersection treatments, and facility type for each of the three segments. Draft line
drawings and cross -sections will be prepared to illustrate the concepts. A project team meeting, including, at
minimum, BCRA, and the City project manager, will be held midway through this process to review the range
of alternatives and discuss other potentially feasible alternatives. The goal of the meeting will be to identify
which concepts are to be carried forward to evalua-ion and ensure all feasible and desirable alternatives have
been considered. Several figures will be prepared to describe each alternative in more detail.
The alternatives will incorporate the following considerations:
• Recommended and maximum vehicle lane widths, and number of vehicle lanes, adhering to City of
Port Orchard standards and WSDOT recommendations for lane widths on roadways with the desired
characteristics of the Tremont Street, Sidney Avenue and Port Orchard Boulevard corridors.
• Alternative bicycle facilities in each segment, such as bike lanes, buffered bike lanes (climbing or bi-
directional) two-way cycle tracks and off-street shared use paths, including identifying minimum
widths. Transitions between on -road and off -road facilities will be identified.
Tremont Rd W Non -Motorized Improvements
Exhibit A Scope of Services
September 10, 2024 Page 8 of 17
Docusign Envelope ID: E8734213-9559-4D3D-96FE-FDEB3B6E1C64
b bcra
2106 Pacific Avenue, Suite 300
Tacoma, WA 96402
bcradesign.com
• Intersection treatments, including stop -controlled modifications, signalized intersection modifications,
striping configurations for visibility and safety of bicycle and pedestrian facilities, and pedestrian or
cyclist activated beacons or signals.
• Alternative concepts to provide pedestrian facilities and connectivity in each segment on both sides of
Tremont Street (Segment A), and at least one side of Sidney Avenue between Lippert Drive to the
south and Melcher Street to the north (Segment B) extending to Port Orchard Blvd, such as sidewalks,
curb ramp upgrades, optimal crossing locations (midblock or at intersections) and shared use paths
and identification of minimum widths.
• Paved width increases to accommodate recommended active transportation facilities.
• Urban corridor improvements, such as planter strips, landscape architecture treatments, low impact
development stormwater infrastructure, pedestrian and vehicle scale lighting.
• Added right of way requirements to accommodate recommended paved width increases, drainage
facilities and urban corridor improvements. The City will conduct any right of way outreach and
negotiation required in support of the chosen alternative.
• Route directness between popular origins and destinations, as identified in Phase 02, or through the
public outreach, and minimize crossings and detours will be considered in the evaluation of
alternatives.
Alternative details will be analyzed and investigated to the extent necessary to evaluate feasibility, but design -
level drawings and detail will be avoided to the extent possible until after the selection of a preferred
alternative. Transpo will include a feasibility -level analysis of vertical geometry, sufficient to identify the need
for retaining walls, extended tie-ins for side slopes or complex curb ramp geometry, as part of the
identification and evaluation of alternatives.
Evaluation of Alternatives
It is important to define the criteria by which the alternatives will be evaluated. Based on the project and
stakeholder goals, identified at the kickoff meeting, Transpo Group will develop a list of evaluation criteria.
These criteria will include a range of qualitative and quantitative elements and include total project cost. The
evaluation criteria will be used to evaluate and compare alternatives and identify a preferred alternative in
each project segment.
The range of alternatives will be evaluated to help identify a preferred alternative. The alternatives evaluation
will assist in understanding each potential solution and its advantages and disadvantages based on the
evaluation criteria. The findings of the evaluation will be summarized in a matrix format to compare and
contrast the various alternatives. A good portion of the cost -benefit evaluation is likely to be qualitative in
nature, without specific costs developed for every impact or benefit. The results of the evaluation analyses will
then be reviewed with the project team to obtain feedback and direction. The evaluation of alternatives will
include an analysis of level of traffic stress (LTS) for active mode users. Evaluation of alternatives will also
consider the results of the public outreach, including origin/destination feedback.
Part of the evaluation of alternatives will be an assessment of the feasibility of implementation.
Implementation concepts to be considered include:
• Match between the vision of grant funding programs and the alternative
• Drainage impacts
• ROW Impacts
• Constructability
Tremont Rd W Non -Motorized Improvements
Exhibit A Scope of Services
September 10, 2024 Page 9 of 17
Docusign Envelope ID: E8734213-9559-4D3D-96FE-FDEB3B6E1C64
0
-1 !r c a bcradesign.com
2106 Pacific Avenue, Suite 300
Tacoma, WA 98402
• Forward/Future Compatibility
After collating feedback from the project team, Transpo Group will work with BCRA and City staff to identify a
preferred alternative for each corridor that best meets the project goals and the stakeholder goals. The
preferred alternative will be the one that demonstrates the most adherence to the widest range of evaluation
criteria. The preferred alternative may not be the p-eferred alternative of all stakeholders, and may not be the
best satisfaction of every criteria, but will represent the best balance of meeting the most criteria.
Public Outreach
Transpo will work with the City project manager, and City communications staff, to develop a public outreach
program to meet the following goals:
1. Gather public feedback on origins and destinations of active mode users (pedestrians and cyclists) and
existing high stress locations and barriers within the study area.
2. Gather public feedback on feasible alternatives for active mode improvements, focusing on Tremont
Street, but including potential improvements on Sidney Avenue and Port Orchard Boulevard.
3. Engage stakeholder groups advocating for cyclists, ADA users and neighborhood associations.
The public outreach program will include at a minimum;
1. Two (2) public engagements, one virtual via an online open house, and one in -person with an online
component for follow-up feedback.
2. One (1) stakeholder meeting, to be held via video conference to maximize potential attendance while
minimizing travel costs, with groups including but not limited to;
a. West Sound Cycling Club
b. Cascade Bicycle Club
c. Local Port Orchard ADA Chapter
d. Neighborhood Associations in the project study area
3. One (1) City Council Transportation Committee meeting
4. One (1) City Council meeting
The virtual public outreach will focus on gathering information on origins and destinations, high stress
locations and barriers. Graphical collateral Invitations to the public to participate in the open house will be
prepared by Transpo Group. We will coordinate with the City to identify likely locations for advertising the
virtual open house.
The in -person public outreach meeting will focus on public feedback on the alternatives and will be held on -
site near the project corridor and hosted at a date and time conducive to maximizing attendance by typically
less represented communities in similar public outreach settings. The specific form and function of the
meeting will be developed in collaboration with City staff, including the project manager and communications
staff. Preparations for the meeting will include materials prepared by and printed by Transpo Group, such as
handouts, poster boards and rollplots to depict alternatives and gather meaningful feedback. Following the in -
person public outreach meeting, Transpo will prepare a supplement to the project website that includes the
materials from the meeting, and forms to gather additional online feedback from attendees or those who
were unable to make the in -person meeting.
The stakeholder meeting will be conducted prior to the development of alternatives and will be focused on
gathering information on high stress locations and barriers in the existing system. Transpo will host the video
call and will provide meeting minutes to the City following the conclusion of the call.
Tremont Rd W Non -Motorized Improvements
Exhibit A Scope of Services
September 10, 2024 Page 10 of 17
Docusign Envelope ID: E8734213-9559-4D3D-96FE-FDEB3B6E1C64
b bcra
2106 Pacific Avenue, Suite 300
Tacoma, WA 98402
bcradesign.com
Transpo will work with City staff to coordinate the dates and times of public outreach and attempt to overlap
project outreach with in -progress City Comprehensive Planning outreach that is currently being planned. The
goal of combining outreach efforts would be to minimize requests to the public for feedback and pool staff
resources.
The City Council committee meeting is intended to inform the alternatives evaluation process and will be
scheduled by the City. Graphics and narrative support for the meeting and staff reports will be provided.
The final City Council meeting is intended to present the results of the outreach and alternatives analysis
process and will be scheduled by the City. Graphics and narrative support for the meeting and staff reports
will be provided.
Meetings:
• One (1) Alternatives Review meeting (virtual, 4 staff, 1 hour)
• One (1) Public meeting (ih-person, 4 staff, 2 hour)
• One (1) Stakeholder meeting (virtual, 3 staff, 2 hour)
• Two (2) City Council/Committee meetings (in -person, 3 staff, 2 hour)
Assumptions:
• Modification of the intersection control at Tremont and Sidney is assumed to be a component of the
potential improvements for the project.
• Acquisition of right of way is acceptable to the City in order to provide a high value active mode facility
on Tremont Street.
• Safety and connectivity for active mode (pedestrian and bicycle) users is the top priority for the
identification and selection of feasible alternatives.
• Increased access to Van Zee Park is a high priority for the City.
• The City of Port Orchard's 2019 Public Works Engineering Standards will be used as a resource in
preparing design concepts and throughout project development.
• Translation services for stakeholder and public outreach are not required.
• Transpo will develop the website using software such as Wix or other tools to create mapping
applications and feedback mechanisms. Transpo will not purchase new software exclusively for
the development of an outreach website for this project. The City will provide the costs of web
hosting services for online public outreach.
• The scope of public outreach outlined in the City's Project Summary, included in the City's Award Letter
for the WSDOT2023-25 Pedestrian and Bicycle Program dated May 19, 2023, are applicable to the City's
desired scope of work.
• The City will provide, via existing facilities or cost, the facility for the in -person public outreach meeting.
At least two (2) City staff will attend the meeting.
• The City will schedule the City Council meeting and Committee dates. Supporting graphics and narrative
will be provided, but the final preparation of staff reports ahead of Council meetings will be the
responsibility of City staff.
Deliverables:
• Conceptual design exhibits for at least two (2) alternatives per project segment, including a technical
memorandum of the analysis of the advantages and considerations and selection of a preferred
alternative (pdf)
• Public Outreach website, including origin/destination mapping
• Public Meeting Materials (pdf and hard copy)
Tremont Rd W Non -Motorized Improvements
Exhibit A Scope of Services
September 10, 2024 Page 11 of 17
Docusign Envelope ID: E8734213-9559-4D3D-96FE-FDEB3B6E1C64
#� bcra bcradesign.com
2106 Pacific Avenue, Suite 300
Tacoma, WA 98402
• City Council Meeting Materials (pdf and hard copy)
Phase 10 — 30% Design
Task C1— Civil Engineering
The following activities will be performed to develop the 30% design and prepare associated documents:
1. Review project impacts against stormwater management thresholds.
2. Prepare 30% storm drainage design includi-ig collection and conveyance layout and preliminary water
quality and detention/infiltration system sizing.
3. Coordinate with Transpo for the development of the 30% roll plot.
4. Coordinate with Transpo for the development of the engineer's opinion of probable cost.
5. Prepare intersection plan for both the Port Orchard Blvd and Sidney Ave intersections.
6. Perform quality control review of 30% design and revise documents to address comments.
7. Meet with City of Port Orchard staff to review 30% design documents.
Task L1— Landscape Architecture
The following activities will be performed to develop landscape design:
1. Review City of Port Orchard landscape codE and existing conditions.
2. Coordinate with City staff regarding aesthetic and maintenance goals for landscaping.
Task XT1 --Traffic Eng. and Illumination Design Trans o GroupJ
The following activities will be performed to develop the 30% design and prepare associated documents for
the preferred alternative:
1. Prepare 30% design strip plot showing:
a. Horizontal layout
b. Design profile
c. General limits of proposed pavement
d. Impacts to adjacent properties and infrastructure
e. Preliminary channelization design
f. Preliminary curb ramp layouts
g. Storm drainage system design (from BCRA)
h. Preliminary design of intersection and traffic calming treatments
i. Luminaire pole locations
2. Prepare 30% roadway design sections for u:) to four (4) locations along the alignment.
3. Prepare engineer's opinion of probable cos_s for improvements based on 30% design.
4. Prepare design memo describing key design decisions and code compliance.
5. Perform quality control review of 30% design and revise documents to address comments.
6. Meet with City of Port Orchard staff to review 30% design documents.
7. Prepare meeting notes detailing City comments on 30% design.
Meetings:
• 30% Design Review Meeting (virtual, 3 staff, 1 hour)
• Three (3) Bi-weekly Check -In Meetings (virtual, 2 staff, 1 hour)
Assumptions:
• Duration of 30% design phase will be six weeks as shown on project schedule.
• City of Port Orchard will provide review comments on 30% design within three weeks of receipt of
documents.
Tremont Rd W Non -Motorized Improvements
Exhibit A Scope of Services
September 10, 2024 Page 12 of 17
Docusign Envelope ID: E8734213-9559-4D3D-96FE-FDEB3B6E1C64
b bcra
2106 Pacific Avenue, Suite 300
Tacoma, WA 98402
bcradesign.com
• Non -motorized improvements are understood to be composed of bike lanes, curb and gutter, planter
strip, and sidewalk as well as crosswalk and intersection improvements.
• This scope and fee assumes the intersection improvements will incorporate a roundabout at Tremont
and Sydney.
• Sizing of storm drainage facilities for 30% design will be based on models of the overall site and general
data. Modeling of individual catchment areas will not be performed for 30% design phase.
• Landscaping along path alignment will utilize a consistent palette and pattern and will be based off a
standard design.
• Irrigation design will not be performed for 30% design phase.
Deliverables:
• 30% Strip Plot (pdf and 1 hard copy)
• 30% Intersection Plan (pdf and 1 hard copy)
• 30% OPC for full corridor (pdf and 1 hard copy)
• 30% OPC for grant application (pdf and 1 hard copy)
• Design Memo (pdf and 1 hard copy)
Phase 20 — 60% Design
Task C1—Civil Engineering
The following activities will be performed to advance the design to a 60% level:
1. Update design based on City of Port Orchard comments on the 30% design documents and prepare
memo detailing how comments were addressed.
2. Refine storm drainage basins and update storm drainage design, including developing hydrologic model
for water quality treatment and infiltration system sizing.
3. Coordinate with traffic engineer for design of intersection and traffic calming treatments.
4. Coordinate with illumination designer on illumination system design.
Prepare 60% design plans including:
a. Cover sheet
b. Legends and abbreviations sheet
c. Alignment and survey control plan
d. Roadway sections
e. Site preparation plans
f. Roadway plans and profiles, including storm drainage design
g. Curb ramp layouts
h. Pavement marking and signage plans
6. Prepare 60% Special Provisions for the project.
7. Update engineer's opinion of probable costs for improvements based on 60% design.
8. Prepare preliminary Stormwater Site Plan detailing the storm drainage system design and provide
calculations for facility sizing.
9. Update design memo based on 60% design.
10. Perform quality control review of 60% design and revise documents to address comments.
11. Meet with City of Port Orchard staff to review 60% design documents.
12. Prepare meeting notes detailing City comments on 60% design.
Task L1 — Landscape Architecture
The following activities will be performed to advance the landscape design to a 60% level:
1. Update landscape design based on City of Port Orchard comments on the 30% design documents.
Tremont Rd W Non -Motorized Improvements
Exhibit A Scope of Services
September 10, 2024 Page 13 of 17
Docusign Envelope ID: E8734213-9559-4D3D-96FE-FDEB3B6E1C64
01 bcra
2106 Pacific Avenue, Suite 300
Tacoma, WA 98402
2. Perform preliminary irrigation calculations and layout.
3. Prepare 60% landscape and irrigation plans including:
a. Landscape legend and general notes
b. Planting plans (1 sheet)
c. Irrigation plans (1 sheet)
Task XS1— Structural Engineering Lund O sahl
The following activities will be performed to advance the design to a 60% level:
1. Establish structural design criteria.
2. Evaluate options for sidewalk expansion.
3. Perform preliminary structural design of wall under southern sidewalk.
bcradesign.com
4. Suggest possible changes to affect savings.
5. Coordinate with BCRA to update cost estimate with anticipated wall cost based on engineers estimate.
Task XT1— Illumination Design Trans o Group)
The following activities will be performed to advance the design to a 60% level:
1. Update illumination design based on City of Dort Orchard comments on the 30% design documents.
2. Perform AGi-32 analysis of lighting levels to confirm the proposed design meets City standards.
3. Illumination design notes and details, but without detailed wiring diagrams.
4. Assist the city with PSE coordination, including form submittal and preparing exhibits.
Meetings:
• 60% Design Review Meeting (virtual, 3 staff, 1 hour)
• Four (4) Bi-weekly Check -In Meetings (virtual, 2 staff, 1 hour)
Assumptions:
• Duration of 60% Design phase will be eight weeks as shown on project schedule.
• City of Port Orchard will provide review comments on 60% design within three weeks of receipt of
documents.
• Comments will not change design substantially from the layouts shown on the 30% design.
• Wall requiring structural design is understood to be approximately 180 feet in length and 3-5 feet in
height and is located east of the intersection with Port Orchard Blvd.
• Landscaping along corridor will utilize a corsistent palette and pattern and will be based off a standard
design.
• City staff will provide as-builts of existing traffic signal and illumination infrastructure, if available.
Deliverables:
• 30% Comment Response Memo (pdf and 1 nard copy)
• 60% Design Plans (pdf and 1 full-size hard copy)
• 60% OPC (pdf and 1 hard copy)
• 60% Special Provisions (pdf and 1 hard copy)
• Preliminary Stormwater Site Plan (pdf and ! hard copy)
• Light Level Calculations (pdf and 1 hard copy)
• 60% Design Memo (pdf and 1 hard copy)
• Meeting notes of City comments on 60% design
Tremont Rd W Non -Motorized Improvements
Exhibit A Scope of Services
September 10, 2024 Page 14 of 17
Docusign Envelope ID: E8734213-9559-4D3D-96FE-FDEB3B6E1C64
bcrabcradesign.com
2106 Pacific Avenue, Suite 300
Tacoma, WA 98402
Phase 21— Environmental Permitting
Task C] — Civil Engineering
1. Prepare and submit SEPA checklist to City of Port Orchard.
2. Coordinate with City of Port Orchard staff for SEPA determination.
Meetings:
• None
Assumptions:
• Duration of this phase will be five months.
• City of Port Orchard will be the SEPA lead agency.
• It is believed that these permits are reasonable and attainable and BCRA will work to receive
approval in a timely manner. However, BCRA cannot guarantee permit approval from agencies
having jurisdiction.
• Budget for this phase is based on approximately 84 hours of work.
Deliverables:
• SEPA Checklist (pdf)
Phase 30 — 90% Design
Task C1 — Civil Enrginee'ring
The following activities will be performed to advance the design to a 90% level:
1. Update design based on City of Port Orchard comments on the 60% design documents and prepare
memo detailing how comments were addressed.
2. Update storm drainage system design and develop backwater analysis for sizing of storm drainage
conveyance system as needed.
3. Update sidewalk grading and perform detailed curb ramp grading.
4. Coordinate with illumination designer on progressing illumination system design.
5. Prepare 90% design plans including:
a. Coversheet
b. Legends and abbreviations sheet
c. Alignment and survey control plan
d. Roadway sections
e. Site preparation plans
f. Roadway plans and profiles, including storm drainage design
g. Curb ramp layouts and detailed grading
h. Pavement marking and signage plans
i. Right-of-way plans
j. Construction details
k. Standard traffic control plans
6. Prepare 90% Special Provisions for the project.
7. Update engineer's opinion of probable costs for improvements based on 90% design.
8. Prepare final Stormwater Site Plan in accordance with City of Port Orchard and Washington State
Department of Ecology requirements.
9. Update design memo based on 90% design.
10. Perform quality control review of 90% design and revise documents to address comments.
11. Meet with City of Port Orchard staff to review 90% design documents.
12. Prepare meeting notes detailing City comments on 90% design.
Tremont Rd W Non -Motorized Improvements
Exhibit A Scope of Services
September 10, 2024 Page 15 of 17
Docusign Envelope ID: E8734213-9559-4D3D-96FE-FDEB3B6E1C64
0
1 bcra bcradesign.com
2106 Pacific Avenue, Suite 300
Tacoma, WA 98402
Task L1— Landscape Architecture
The following activities will be performed to advance the landscape design to a 90% level:
1. Update landscape design based on City of Port Orchard comments on the 60% design documents.
2. Prepare 90% landscape and irrigation plans including:
a. Landscape legend and general notes
b. Planting plans (1 sheet)
c. Irrigation plans (1 sheet)
d. Planting and irrigation details (2 sheetst
Task XS1—Structural Engineering (Lund Opsahl)
The following activities will be performed to advance the design to a 90% level:
1. Perform final structural design of wall under southern sidewalk.
2. Prepare structural portion of 90% design plans including:
a. Structural notes sheet
b. Wall plan and profile
c. Structural details
3. Finalize structural calculations.
4. Edit outline specifications for structural items.
5. Coordinate with BCRA to update cost estimate with anticipated wall cost based on engineers estimate.
Task XT1 — Illumination Design (Transpo Group)
The following activities will be performed to advance the design to a 90% level:
1. Update illumination design based on City of Port Orchard comments on the 60% design documents.
2. Finalized AGi-32 analysis of lighting levels to confirm the proposed design meets City standards.
3. Illumination design notes and details, with detailed wiring diagrams.
Meetings:
• 90% Design Review Meeting (virtual, 3 staff, 1 hour)
• Four (4) Bi-weekly Check -In Meetings (virtual, 2 staff, 1 hour)
Assumptions:
• Duration of 90% Design phase will be eight weeks as shown on project schedule.
• City of Port Orchard will provide review comments on 90% design within three weeks of receipt of
documents.
• Design of temporary or permanent shoring is not included in this scope.
• Underpinning of existing foundations is not included in this scope.
• Design of special foundations (including deep foundations, mat foundation, structural grade slabs, and
grade beams) are not included in this scope.
• Underpinning of existing foundations is not included in this scope.
• Landscaping along path alignment will util'ze a consistent palette and pattern and will be based off a
standard design.
• Right-of-way plans will indicate the anticipcted area of impact on private property for which acquisition
may be required but will not include legal d?scriptions of said areas.
• Comments will not change design substantially from the layouts shown on the 60% design.
Deliverables:
• 60% Comment Response Memo (pdf and 1 ,iard copy)
• 90% Design Plans (pdf and 1 full-size hard ccjpy)
Tremont Rd W Non -Motorized Improvements
Exhibit A Scope of Services
September 10, 2024 Page 16 of 17
Docusign Envelope ID: E8734213-9559-4D3D-96FE-FDEB3B6E1C64
bcrabcradesign.com
2106 Pacific Avenue, Suite 300
Tacoma, WA 98402
• 90% Specifications (pdf and 1 hard copy)
• 90% OPC (pdf and 1 hard copy)
• Storm water Site Plan (pdf and 1 hard copy)
• 90% Light Level Calculations (pdf and 1 hard copy)
• 90% Design Memo (pdf and 1 hard copy)
• Structural calculations package (pdf and 1 hard copy)
• Meeting notes of City comments on 90% design
PROJECT ASSUMPTIONS
1. Final PS&E, bidding and construction phase services, if needed, will be added as an additional service or
performed under a new contract and are not a part of this Scope of Services.
2. Right-of-way acquisition support, if needed, will be added as an additional service or performed under
a new contract and is not a part of this Scope of Services.
3. The project will be designed in accordance with the 2019 Stormwater Management Manual for Western
Washington (SWMMWW).
4. The City of Port Orchard will register the project's stormwater infiltration facilities under the WA State
Dept. of Ecology's (WADOE) Underground Injection Control (UIC) program as needed. UIC registration
is not included in this Scope of Services.
5. Preparation of the Stormwater Pollution Prevention Plan (SWPPP) will be done by the contractor at time
of construction and is not included in this Scope of Services. The Special Provisions and OPC will reflect
this.
6. Traffic control plans will be based on WSDOT Standard Plans. Development of project -specific traffic
control or construction phasing plans is not included in this Scope of Services.
7. The project will not require design of sanitary sewer mains, water mains, or other utility main work.
Design of utility mains is not included in this Scope of Services. Design of incidental utility work including
raising existing structures to grade and relocations of hydrants or meters is included.
8. Transpo will coordinate with the electrical service provider for a power source location for the
illumination system. Design of transformers or other improvements to the electrical infrastructure is
not included in this Scope of Services.
9. Water pressure will be adequate to operate the spray irrigation system on a single point of connection
without a booster pump. Design of multiple irrigation POCs or booster pumps is not included in this
Scope of Services.
10. Right-of-way acquisition and easement negotiations will be provided by others and are not included in
this Scope of Services, except for development of exhibits and legal descriptions as described in the
Scope.
11. All deliverables will be sent to the client via electronic file exchange. Printing and delivery of hard copies
will be billed as reimbursable expenses. Estimated printing expenses are based on quantities of copies
listed in Scope of Services.
12. Scope is based on the durations noted under each phase. Additional fees may be necessary if project
extends beyond those durations.
Tremont Rd W Non -Motorized Improvements
Exhibit A Scope of Services
September 10, 2024 Page 17 of 17
Docusign Envelope ID: E8734213-9559-4D3D-96FE-FDEB3B6E1C64
b bcra
2106 Pacific Avenue, Suite 300
Tacoma, WA 98402
bcradesign.com
I
Docusign Envelope ID: E8734213-9559-4D3D-96FE-FDEB3B6E1C64
Exhibit B
DBE Participation Plan
°--tents--of-a m-of-BE goal, a vAtntary-SRE -goal-am-otut -e-f en-pereenl-oftI e£artsuitant-rrgreetmnt
is ee Ceonstrltarrt shall develop-a-S$E—Partieiptitibtt-P{an-prior, io- ortitneneing-worl€: Althotrgh-the-
-gea-l-i-s--Vefunuimwh- rt�to preYare not.
N/A
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0713012021
Docusign Envelope ID: E8734213-9559-4D3D-96FE-FDEB3B6E1C64
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 Civil 3D 2024
B. Roadway Design Files
AutoCAD Civil 3D 2024
C. Computer Aided Drafting Files
AutoCAD Civil 3D 2024
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0713012021
Docusign Envelope ID: E8734213-9559-4D3D-96FE-FDEB3B6E1C64
D. Specify the Agency's Right to Review Product with the Consultant
Agency may request to come to the consultants office to review electronic work product in process.
E. Specify the Electronic Deliverables to Be Provided to the Agency
PDF files of drawings, specifications, estimates, and reports. CAD base files for design information.
F. Specify What Agency Furnished Services and Information Is to Be Provided
GIS or AutoCAD for exisiting storm drainage and sanitary sewer infrastructure in vicinity of project.
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0713012021
Docusign Envelope ID: E8734213-9559-4D3D-96FE-FDEB3B6E1C64
H. Any Other Electronic Files to Be Provided
N/A
Ill. Methods to Electronically Exchange Data
E-mail and TonicDM
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0713012021
Docusign Envelope ID: E8734213-9559-4D3D-96FE-FDEB3B6E1C64
A. Agency Software Suite
AutoCAD Civil3D 2024
B. Electronic Messaging System
N/A
C. File Transfers Format
PDF and .dwg
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0713012021
Docusign Envelope ID: E8734213-9559-4D3D-96FE-FDEB3B6E1C64
Exhibit D
Prime Consultant Cost Computations
See attached Exhibit D, Prime Consultant Cost Computations.
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0713012021
Docusign Envelope ID: E8734213-9559-4D3D-96FE-FDEB3B6E1C64
01 bcra
EXHIBIT D
Prime Consultant Cost Computations
Tremont Rd W Non -Motorized Improvements
Project No.: 24075.00.00
Date of Estimate: 9/10/2024
Prepared By: ACC
PAY RATES:
Principal
Project
Manager
Civil Engineer
Civil Eng.
Designer
Civil Eng.
Technician
CA/QC
Reviewer
Landscape
Architect
Landscape
Designer
Env. Permit
Specialist
Project
Admin.
Project
Admin.
Billing -
S ecialist
Staff Initials
JR
AC
SP
SK
LL
JC
ES
MT
AP
GO
AG
RS
Direct Labor Cost DLC
$72-12
$59.62
$50-48
$38.46
$50.48
$79.81
$44,00
$31.00
$39.86
$36-00
$57.50
533-85
Indirect Cost(ICR x DLC)
$159.10
$131.53
$111.36
$84.85
$11136
$176-07
$97.07
$68.39
$87.94
$79.42
$126-85
$74.68
Fixed Fee (FFR x DLC).
$21-64
:$17.89
$15.14
511.54
515.14
523.94
513.20
59.30
$11.96
510,80
517.25
510.16
Burdended Rate(DLC+IC+FF)/Hr
$252.86
$209.03
$176.99
$134.84
$176.99
$279.82
$154.27
$108.69
$139.75
$126.22
$201.60
$118.68
Indirect Cost Rate (ICR)
Fixed Fee Rate (FFR)
220.61%
I TO-DO%
LABOR:
Phase/Task
Project
Principal
Manager
Civil Engineer
Civil Eng.
Designer
Civil Eng.
Technician
QA/QC
Reviewer
Landscape Landscape
I Architect Designer
Env. Permit Project
Specialist Admin.
Project
I Admin-
Billing
Specialist
Hours
Cost
Staff Initials
JR AC
SP
SK
LL
I JC
I ES J MT
I AP I GO
I AG
I RS
01 PROJECT MANAGEMENT
Cl Contract Administration 4 55 25 17 17 0 16 16 0 1 23 4 11
188
$31,456,25
PH 01 Totall
188
1 $31,456.25
02 SITE INVESTIGATION AND ANALYSIS
Cl Civil Engineering 0 15 13 9 5 0 0 0 0 0 0 0
42
$7,534-83
PH 02 Total
42
$7,534.83
03 PUBLIC OUTREACH AND ALTERNATIVES ANALYSIS
Cl Civil Engineering 1 0 1 98 108 0 0 0 0 0 0 0 0 0
1 206
539,599.86
PH 03 Total
206
$39 599.86
10 30%DESIGN
Cl Civil Engineering
0
26
47
30
10
1 0
0
0
0
0
0
0 113
$19,568.41
Ll Landscape Architecture
0
0
0
0
0
0
14
18
0
0
0
0 32
54.116.20
PH 10 Totall 145
1 $23,684.61
20 60% DESIGN
Cl Civil Engineering
0
53
1 147
98
100
6
0 0
0
0
0
0
404
569,688.36
Ll Landscape Architecture
0
0
0
0
0
0
22 40
0
0
0
0
62
$7,741.54
PH 20 Total
466
$77,429.90
21 ENVIRONMENTAL PERMITTING
Cl Civil Engineering 0 20 14 12 1 6 0 0 D 32 0 0 0 1 84
$13,810.48
PH 21 Total 84
$13,810.48
30 90%DESIGN
Cl Civil Engineering
0
1 57 139
1 102
1 96
6
0
0
0
0 1 0
0
400
$68,939.96
L1 Landscape Architecture
0
0 0 J
0
0 J
0
1 19 J
42
1 0
1 0 1 0
0
61
57,496.11
PH 30 Total
461
$76,436.07
Total Hours
4
324
493 1
268 1
234
12
71
116
32
23
1 4 11
1592
Total Cost
$1,011.44
$67,725.72
$87,256.07 1
$36,137.12 1
$41,415.66
$3,357.84
$10,953.17
512,608.04
$4.472.00
S4903.06
I $806.40 I $i :tn5 48
5269,952.00
SUBCONSULTANTS: REIMBURSABLE EXPENSES: TOTALS:
Firm
Cost
Grette Associates
56,034.00
Kleinfelder
$43,520.53
Lanktree Land Surveying, Inc.
$39,924-80
Lund Opsahl
515,933.OD
Tierra Right of Way Services
$10,314.50
Transpo Group USA, Inc.
$292,514,87
item
Cost
Mileage
52,000.00
Printing
$2,500.00
Total Prime Consultant
$269,952.0
Total Subconsultants
5408,241.70
Total Reimbursable Expenses
54,500.00
5% Management Reserve
$34,134.69
TOTAL FEE ESTIMATE
$716,828.39
Docusign Envelope ID: E8734213-9559-4D3D-96FE-FDEB3B6E1C64
Exhibit E
Sub -consultant Cost Computations
if no Sub etent-participation listed--a"—I-tis-titne. T-he=,C-ONSULFMk T--shal+-E3Qt--sub-contract for die-
m �R"ofk-under--tliis-AGR:EEMEN-T wit-hout-prior wi*tterrpem4r,ion--ef'the AGENC-Y-. Refer to
section VI "Sub -Contracting" of thisAGREEMENT.
See attached Exhibit E Sub -Consultant Cost Computations for Grette Associates (Farallon Consulting),
Kleinfelder, Lanktree Surveying, Lund Opsahl, Tierra Right of Way Services, and Transpo Group.
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0713012021
Docusign Envelope ID: E8734213-9559-4D3D-96FE-FDEB3B6E1C64
Ile
Grette Associates
TABLE 1
COST ESTIMATE FOR CRITICAL AREAS ASSESSMENT
CITY OF PORT ORCHARD
TREMONT NON -MOTORIZED IMPROVEMENTS
FARALLON PN: 3350-005
Task 1: Critical Areas Field Assessments
Staff
*Burden Rate
Unit Cost
Project Biologist II
$187 per hour
2 $ 373
Staff Biologist III
$108 per hour
10 $ 1,080
Administrator
$142 per hour
1 $ 142
Task 1 Burden Rate Subtotals $ 1,595
Task 2: Critical Areas Report
Staff
*Burden Rate
Unit
Cost
Principal Scientist
$341 per hour
1
$ 341
Project Biologist II
$187 per hour
2
$ 373
Staff Biologist III
$108 per hour
32
$ 3,455
Administrator
$142 per hour
1
$ 142
Task 2 Burden Rate Subtotals $ 4,312
Estimated Project Total $5,907
*Burden Rate and Cost amounts are rounded.
EXHIBIT E
4of4
www.farallonconsulting.com
Docusign Envelope ID: E8734213-9559-4D3D-96FE-FDEB3B6E1C64
Kleinfelder
CONSULTANT FEE DETERMINATION - SUMMARY
KLEINFELDER LABOR:
7/23/2024
Tremont Street
PERSONNEL & DIRECT LABOR RATES
WORK TASK DESCRIPTION
Sr. Project Manager /
Principal
Staff Engineer
Staff Geologist
I
Engineer Senior Drafter
Administrator
TOTAL
HOURS
TOTAL AMOUNT
5102.80
548.08
S40.39
S32.19 S52.15
530,00
Task 1: Geotechnical Field Exploration
4
4
24 6
1
1
40
$1,848.17
Task 2: Geotechnical Laboratory Testing
1
1
2
4
$215.26
Task 3: Infiltration Field and Laboratory Testing
2
4
32
38
$1,690.40
Task 4: Analysis and Geotechnical Report
8
16
4 24
2
2
56
$2,690.10
Task 5: Meetings and Project Management
8
2
10
$882.40
(
0
$0.00
TOTAL LABOR:
23
25
60 32
3
5
148
$7,326.33
TASK 2 GEOTECHNICAL LABORATORY TESTING SUMMARY:
Test
Est. No. Tests
Unit Costs
Total Costs
Moisture Content
20
S25.00
5500.00
Sieve Analysis
12
5210.00
S2.520.00
Hdr m r
4
.00
0.
Atterbeg Limit
4
$230.00
$920.00
TASK 2 LABORATORY TOTAL:
TASK 3INFILTRATION LABORATORY TESTING SUMMARY:
1 $4,860.00 1
Test
Est. No. Tests Unit Costs
Total Costs
Cation Exchange Capacity
4 S130.00
S520 00
TASK 3 LABORATORY TOTAL:
$520.00
TASK 1 AND 2 NON -SALARY DIRECT EXPENSES:
Mileage @ $0.67/mile (3 trips)
$281.40
Tolls (3 trips)
$19.50
Private Locate Subcontractor
$528.00
Laboratory Testing (detail to left)
$4,860.00
Backhoe or Drilling Subcontractor
$6,200.00
Traffic Control Subcontractor
$2,000.00
TOTAL NON -SALARY DIRECT EXPENSES: 1 $13,889.90 1
TASK 3 NON -SALARY DIRECT EXPENSES:
_
Mileage @ $0.67/mile (3 trips)
$281.40
Tolls (3 trips)
$19150
Private Locate Subcontractor
$396.00
Infiltration Field Equipment Rental
$175,00
Laboratory Testing (detail to left)
$520:00
Backhoe & Water Truck Subcontractor
$7,800.00
TOTAL NON -SALARY DIRECT EXPENSES:
$9,191.90
TOTALS AND SUMMARY WITHOUT TASK 3 INFILTRATION TESTING:
Kleinfelder Direct Labor
$5,635.93
Kleinfelder Overhead (148.990/,)
$8,396.97
Kleinfelder Profit on Direct Labor (30%)
$1,690-78
Kleinfelder Total Burdened Labor
$15,723.68
Total Non -Salary Direct Expenses
$13,888.90
TOTAL WITHOUT TASK 3 INFILTRATION TESTING:
$29,612.58
TOTALS AND SUMMARY TASK 3INFILTRATION TESTING ONLY:
Kleinfelder Direct Labor
$1,690-40
Kleinfelder Overhead (148.99%)
$2,518.53
Kleinfelder Profit on Direct Labor (30%)
$507.12
Kleinfelder Total Burdened Labor
$4,716.05
Total Nan -Salary Direct Expenses
S9,191.90
TOTAL FOR TASK 3 INFILTRATION TESTING ONLY:
$13,907.95
PROJECT TOTAL WITH TASK 3 INFILTRATION TESTING:
$43,520.53
Docusign Envelope ID: E8734213-9559-4D3D-96FE-FDEB3B6E1C64
Lanktree Land Surveying
r 1 13C RA Tre mont Street
Fixed
Fee
Resource
Tuesday,July16,2024
Activity Type[
Task -
RA Right -"ay and Topographic 5urvay
Project StatusJ
Direct bor
+.
Approved ICR
DLC+ICR (Direct
0
Labor x Hours
Hoursd
Billing
Pate
Resource Contract
tXVII - -
Right-d-Way and Topographc Survey
203.0
2o3.d
$32,484.
Professional Land
Labor ISurveyor
Trevor S. Lanktree
$75.00
211.79%
$233.84
$22.50
18.0
$256.34
$4,614.17
Labor
(Party Chief -Field
Ronald R. Chester
$46.00
211.79%
$143.42
$13.80
170.0
$157.22
$11,005.62
Additional Crew
Labor
1102mbar
Jack R. Warm
$35.00
211.79%
$109.13
$10.50
70.0
$119.63
$87373.8E
Labor
Survey Technician
Andrew P. Somera
$56.00
211.79%
$174.60
$16.80
40.0
$191.40
$7,656.1[
Labor
Administration
Jaime Dye
$45.00
211.79%
$140.31
$13.50
5.0
$153.811
$769.09
Expense
Mileage
88A
$0.75
$66.0C
Utility Locale Services
$7,440.0(
Utility Locate
xpense
Services
48.0
$155.00l
$7,440 0[
Docusign Envelope ID: E6734213-9559AD3D-96FE-FDEB3B6E1C64
Lund Opsahl
CONSULTANT FEE DETERMINATION - SUMMARY SHEET
(Specific Rates of Pay)
2024 FEE SCHEDULE
Labor Classification
Hours
Direct
Salary
Overheat
Rate
141.87%
DS t OH
Profit
On Direct alary
30.00°r6 I
Rate
Per Hour
Total
Amount
Principal
10
$98.56
$139.83
$238.39
$29.57
$267.96
$ 2,680
Design Engineer
30
$49.35
$70.01
$119.36
$14.81
$134.17
$ 4,025
Engineer 1
24
$45.47
$64.51
$109.98
$13.64
$123.62
$ 2,967
Engineer 2
18
$42.65
$60.51
$103.16
$12.80
$115.95
$ 2,087
Engineer 3
12
$37.08
$52.61
$89.69
$11.12
$100.81
$ 1,210
Senior CAD/BIM Tech
8
$50.00
$70.94
$120.94
$15.00
$135.94
$ 1,087
CAD/BIM Tech
16
$43.16
$61.23
$104.39
$12.95
$117.34
$ 1,877
Totall
118
1$
15,933
Docusign Envelope ID: E8734213-9559-4D3D-96FE-FDEB3B6E1C64
CONSULTANT FEE DETERMINATION -SUMMARY OF PROJECT COSTS
Tierra Right of Way Services, Ltd.
Port Orchard, Tremont St.
Direct
Labor Classification Hours Salary OH Fixed Fee Total Total Amount
5 ROE's
Direct Rate
129.51%
30.00%
Billino Rate
ROW Director
1
$ 70.00
$
90.66
$
21.00
$
181.66
$
181.66
Project Manager
7
$ 57.69
$
74.71
$
17.31
$
149.71
$
1,047.98
Project Manager
7
$ 52.88
$
68.48
$
15.86
$
137.23
$
960.60
Senior Right of Way Agent
25
$ 48.56
$
62.89
$
14.57
$
126.02
$
3,150.45
Right of Way Agent
25
$ 36.06
$
46.70
$
10.82
$
93.58
$
2,339.48
Aden. Project Coordinator
25
$ 30.00
$
38.85
$
9.00
$
77.85
$
1,946.33
90
$
9,626.50
Direct Reimbursables
Travel (Mileage)
500
Miles
$
0.670
$
335.00
Travel (Lodging:)
1
Night
$
129.00
$
129.00
Travel (Meals:)
1
Daily
$
74.00
$
74.00
Postage
15
Total
$10.00
$
150.00
Direct
Reimbursables Subtotal:
$
688.00
Total Amount Payable $ 10,314.50
BCRA, Port Orchard, Tremont St. 5
Right of Way Services
TROW#24WR00-267.01
Docusign Envelope ID: E8734213-9559-4D3D-96FE-FDEB386E1C64
Transpo Group USA, Inc.
Cost Estimate Worksheet
transp%roup Tr
Number/ Project Name
24211 Tremont St Ph 2
Rate schedule is effective from June 29, 2024 through June 27, 2025
Only key staff are shown and other staff may work on and charge to the project as needed by the project manager.
La or
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labor caiegor
cost mh
Project
Manager
Quality
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Project
Engineer
Mum.
Engineer
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sis
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PA L5$93.75
3122.90
572.12
S6731
7
$51.44
545-19
$51.92
$66A3
Work Task
�mm�ma®oo�
Hours
Cost
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36,907.88 6,654.86
72,275 67 13,032.04
34,408.65 6,204.23
11,476.86 2,069.39
6,053.60 1,091.53
65,745.62
128, 747.83
61,293.64
20,444.23
10,783.55
Total Hours 224 48 268 72 44 264 412 164 16 1512 $161,127.66 $29,052.05 $287,014.87
$21,000 $5.885 $19.328 $4.846 1 $3.998 $13.580 $19 618 $8.515 1 $1,069 r
• - 166.389b
30A0% r t
cellaneous Expenses:
Item
Graphic supplies (Web hosting)
Cost
1 s1.000
Photography
$0
Traval expenses (mHe e)
$500
Traffic counts
$4,000
Subconsu/tants:
TOTAL ES77MATE
TotaLSubconsultants
5282,514,87
Cost Estimate Prepared on: 9l5/2024
Docusign Envelope ID: E8734213-9559-4D3D-96FE-FDEB3B6E1C64
Exhibit F - Title V/ 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, (Federal Highway 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 Washington State Department of'Transportation 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
Washington State Department of Transportation 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 (Federal Highway
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 (Federal Highway 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 (Federal Highway
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.
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 (Federal Highway 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 Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0713012021
Docusign Envelope ID: E8734213-9559-4D3D-96FE-FDEB3B6E1C64
Exhibit F - Title V1 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 dis-3laced 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, C49 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 11 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 �:.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, natioral 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 0713012021
Docusign Envelope ID: E8734213-9559-4D3D-96FE-FDEB3B6E1C64
Exhibit G
Certification Document
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
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0713012021
Docusign Envelope ID: E8734213-9559-4D3D-96FE-FDEB3B6E1C64
Exhibit G-1(a) Certification of Consultant
I hereby certify that I am the and duly authorized representative of the firm of
BCRA, Inc.
whose address is
2106 Pacific Ave, Suite 300, Tacoma, WA 98402
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 thisAGREEMENT; 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
Clty 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.
BCRA, Inc.
Consultant (Firm Name)
Joseph Rydman 09/10/2024
Signature (Authorized Official of Consultant) Date
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0713012021
Docusign Envelope ID: E8734213-9559-4D3D-96FE-FDEB3B6E1C64
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; an
D. Have not within a three (3) year period preceding this application / proposal had one or more public
transactions (Federal, State and local) terminated for cause or default.
II. Where the prospective primary participant is unable to certify to any of the statements in this
certification such prospective participant shall attach an explanation to this proposal.
BCRA, Inc.
Consultant (Firm Name)
r 09/10/2024
Signature (Authorized Official of Consultant) Date
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Reviser! 0713012021
Docusign Envelope ID: E8734213-9559-4D3D-96FE-FDEB3B6E1C64
Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for
Lobbying
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
1. No Federal appropriated funds have been paid cr 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
therequire 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
$100,000 and that all such sub -recipients shall certify and disclose accordingly.
BCRA, Inc.
Consultant (Firm Name)
09/10/2024
Signature (Authorized Official of Consultant) Date
Local Agency A&E Professional Services
Negotiated Hourly Rate Consultant Agreement Revised 0713012021
Agreement Number
Docusign Envelope ID: E8734213-9559-4D3D-96FE-FDEB3B6E1C64
Exhibit G-4 Certification of Current Cost or Pricing Data
This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section of
the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted, either
actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer's
representative in support of -Tremont Rd W Non-Mnlorized improvements * are accurate, complete, and current
as of September 10, 2024 **
This certification includes the cost or pricing data supporting any advance AGREEMENT's and forward pricing
rate AGREEMENT's between the offer or and the Government that are part of the proposal.
Firm: BCRA, Inc.
Joseph Rydman Managing Principal
Signature Title
Date of Execution 09/10/2024
*Identify the proposal, quotation, request for pricing adjustment, or other submission involved, giving the appropriate identifying number (e.g. project title.)
**Insert the day, month, and year, when price negotiations were concluded and price AGREEMENT was reached.
***Insert the day, month, and year, of signing, which should be as close as practicable to the date when the price negotiations were concluded and the
contract price was agreed to.
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0713012021
Docusign Envelope ID: E8734213-9559-4D3D-96FE-FDEB3B6E1C64
Exhibit H
Liability Insurance Increase
To Be Used Only If Insurance Requirements Are Increased
I`lre-professiona1-iarbil-i-ty lirrriL afLhe`CONSULTANT to th�N '� identi tetf i>� Seetron 7 I1.,�;ega el$tiarr
and lnsur-anc &th"gr-eement-is-amended-inS
-The GDI SUL-TANT-shall-prov-ide Profeiotmi-Habili-ty insvrane"ti-min-lrnnee-lirnif& in the
Ssuranee-co►ferage-shal-l-be-e-NAen-c-e&by-oneaft=re a lewi-n -methods:
Oertifieate- �I ee
'elf-insura-nee-through an irrevoeah4e-sett-er-crfC-redit-from-a-qualifre&Ftnancia! in-st'rttdtrer-
-Serf insuranceA-rtrdgh-documentation-f-a-separate-Fu-nd-established-ex-elusrvely-fort-h"aymvit-of�l�ofessional-
-fi illty elairns, inelfrding-claim-aT -mad reserved --again funds safeguards-established-for-payircefft�-
from-the-fend,-areopy-of-the latest--annuti - nane-ial-statemciit"-nd-dlselosure of-the--investment-portfolio for
-
�-hese�nds-
-Shurtd-t4 e-minim-ixrn--Profess-€onal-Liability insuranee-l-rrri�required try-the--AG-E-N0Y-as--speeWted--above-exeeed-
S-'r-;riiiion-per oceurrenee-err-the-value of the contrae Aiehever is-greaterihemjustifi-catiomshaH-be-subm-itted-
to the liederal lyiig#w�ministrati orr[�A}€orpf>roval tortetease the rninimLEm-in&d>•anee-tirnit:
4-f--FHWA aMo-vaf is -obtained; the--AGENC-Y-may -at its-own-cerg�-reimbursehe-%-WNSGL-T-ANT-far-th
addit'tonal N fissional Iiabifity-insurance-required.
-lates--C-ost-af added-in suranee-req ti i re:ri enter
•-lmlude t -fee-increase,-premrams-.--
Tfiis-cos#-shaH-nat-be-bi[led-agains',an MWA-f-unded-project.
--Forfinal-contracts, i n el ude--this-exhibit
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0713012021
Docusign Envelope ID: E8734213-9559-4D3D-96FE-FDEB3B6E1C64
Exhibit I
Alleged Consultant Design Error Procedures
The purpose of this exhibit is to establish a procedure to determine if a consultant has alleged design error is of a
nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the
resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some
material damage due to the alleged error by the consultant.
Step 1 Potential Consultant Design Error(s) is Identified by Agency's Project Manager
At the first indication of potential consultant design error(s), the first step in the process is for the
Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the
potential design error(s). For federally funded projects, the Region Local Programs Engineer should be
informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer
may appoint an agency staff person other than the project manager, who has not been as directly
involved in the project, to be responsible for the remaining steps in these procedures.)
Step 2 Project Manager Documents the Alleged Consultant Design Error(s)
After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the
Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed
documentation than is normally required on the project. Examples include all decisions and descriptions
of work, photographs, records of labor, materials, and equipment.
Step 3 Contact the Consultant Regarding the Alleged Design Error(s)
If it is determined that there is a need to proceed further, the next step in the process is for the project
manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged
error(s). The project manager and other appropriate agency staff should represent the agency and the
consultant should be represented by their project manager and any personnel (including sub -consultants)
deemed appropriate for the alleged design error(s) issue.
Step 4 Attempt to Resolve Alleged Design Error with Consultant
After the meeting(s) with the consultant have been completed regarding the consultant's alleged design
error(s), there are three possible scenarios:
• It is determined via mutual agreement that there is not a consultant design error(s). If this is the case,
then the process will not proceed beyond this point.
• It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case,
then the Director of Public Works or Agency Engineer, or their representatives, negotiate a 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.
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0713012021
Docusign Envelope ID: E8734213-9559-4D3D-96FE-FDEB3B6E1C64
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.
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0713012021
Docusign Envelope ID: E8734213-9559-4D3D-96FE-FDEB3B6E1C64
Exhibit J
Consultant Claim Procedures
The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The
following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's
claim(s) total a $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is
suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the
consultant's claim(s) that total $1,000 or less.
This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential
claim by the consultant.
Step 1 Consultant Files a Claim with the Agency Project Manager
If the consultant determines that they were requested to perform additional services that were outside of
the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is
the request for consideration of the claim to theAgency'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.
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0713012021
Docusign Envelope ID: E8734213-9559-4D3D-96FE-FDEB3B6E1C64
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 associate
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 instigated 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 feceral 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 paym-.nt for the agreement is subject to audit
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0713012021