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HomeMy WebLinkAbout088-25 - Transpo Group, Inc. - ContractDocusign Envelope ID: FFBF8385-99CE-48A7-B9A9-66B888217B22 Port Orchard Contract #: 088-25 Authorized Amount: $294,300.00 Date Start: 9/9/2025 Date End: 1/31/2027 CONSULTANT SERVICES AGREEMENT Anderson Hill Roundabout Design THIS AGREEMENT is entered into by and between the City of Port Orchard, Washington, a municipal corporation organized under the laws of the State of Washington ("City") and Transpo Group Inc., ("Consultant") organized under the laws of the State of Washington located and doing business at 12131 113th Ave NE, Suite 203 Kirkland, WA 98034 Phone: 425-821-3665 (hereinafter the "Consultant"). RECITALS: WHEREAS, the City desires to have certain services performed for its residents; and WHEREAS, the City has selected the Consultant to perform such services pursuant to certain terms and conditions; and WHEREAS, the City complied with the requirements for hiring Consultant contained in Chapter 39.80 RCW; NOW, THEREFORE, in consideration of the mutual benefits and conditions set forth below, the parties agree as follows: AGREEMENT: 1. Scope of Services to be Performed by Consultant. The Consultant shall perform those services described on Exhibit "A," which is attached hereto and incorporated herein by this reference as if set forth in full. In performing such services, the Consultant shall at all times comply with all federal, state, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Consultant shall perform the services diligently and completely and in accordance with professional standards of conduct and performance. The Consultant shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. If the services provided hereunder are funded in whole or in part under a Grant Funding Agreement, then Consultant will comply with the terms of such Grant Funding Agreement to ensure that the City is able to obtain the maximum funding under such Grant Funding Agreement. If this applies, the City will provide the Consultant with a copy of the Grant Funding Agreement. City of Port Orchard and Transpo Group Public Works Project: Anderson Hill Roundabout Updated 4/2022 IBDR Page 1 of 17 Docusign Envelope ID: FFBF8385-99CE-48A7-B9A9-66B888217B22 If the services provided hereunder are funded in whole or in part under a Grant Funding Agreement, then Consultant will comply with the terms of such Grant Funding Agreement to ensure that the City is able to obtain the maximum funding under such Grant Funding Agreement. If this applies, the City will provide the Consultant with a copy of the Grant Funding Agreement. 2. Compensation. The City shall pay the Consultant for services rendered according to the rates and methods set forth below. ❑ LUMP SUM. Compensation for these services set forth in Exhibit A shall be a Lump Sum of$______________ X TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed $294,300.00 without written authorization and will be based on the list of billing rates and reimbursable expenses attached hereto as Exhibit "B." ❑ TIME AND MATERIALS. Compensation for these services shall be on a time and materials basis according to the list of billing rates and reimbursable expenses attached hereto as Exhibit „B ❑ OTHER 3. Payment. A. The Consultant shall maintain time and expense records and provide them to the City monthly after services have been performed, along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. B. All invoices shall be paid by City warrant within thirty (30) days of receipt of a proper invoice. If the City objects to all or any portion of any invoice, it shall so notify the Consultant of the same within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in dispute, and the Parties shall immediately make every effort to settle the disputed portion. C. The Consultant shall keep cost records and accounts pertaining to this Agreement available for inspection by City representatives for three (3) years after final payment unless a longer period is required by a third -party agreement. Copies shall be made available on request. D. On the effective date of this Agreement (or shortly thereafter), the Consultant shall comply with all federal and state laws applicable to independent contractors, including, but not limited to, the maintenance of a separate set of books and records that reflect all items of income and expenses of the Consultant's business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by law, to show that the services performed by the Consultant under this Agreement shall not give rise to an employer -employee relationship between the parties, which is subject to Title 51 RCW, Industrial Insurance. City of Port Orchard and Transpo Group Public Works Project: Anderson Hill Roundabout Updated 4/2022 IBDR Page 2 of 17 Docusign Envelope ID: FFBF8385-99CE-48A7-B9A9-66B888217B22 E. If the services rendered do not meet the requirements of the Agreement, the Consultant will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. The City shall pay the Consultant for services rendered within ten (10) days after City Council voucher approval. However, if the City objects to all or any portion of an invoice, it shall notify Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the Parties will immediately make every effort to settle the disputed portion. F. The City reserves the right to direct the Consultant's compensated services before reaching the maximum amount. 4. Duration of Agreement. A. This Agreement shall be in full force and effect for a period commencing on 9/9/2025 and ending 1/31/2027 unless sooner terminated under the provisions of this Agreement. The City reserves the right to offer two (2) one-year extensions prior to expiration of the Agreement to retain the Consultant's services. B. Time is of the essence of this Agreement in each and all of its provisions in which performance is required. If delays beyond the Consultant's reasonable control occur, the Parties will negotiate in good faith to determine whether an extension is appropriate. C. The Consultant shall obtain a City of Port Orchard business license prior to commencing work pursuant to a written Notice to Proceed. D. The Consultant is authorized to proceed with services upon receipt of a written Notice to Proceed. 5. Standard of Care. The Consultant represents and warrants that it has the requisite training, skill, and experience necessary to provide the services under this Agreement and is appropriately accredited and licensed by all applicable agencies and governmental entities. Services provided by the Consultant under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing in similar circumstances. 6. Ownership and Use of Documents. A. Ownership. Any records, files, documents, drawings, specifications, data, or information, regardless of form or format, and all other materials produced by the Consultant in connection with the services provided to the City, shall be the property of the City whether the project for which they were created is executed or not. Reuse by the City or by others acting through or on behalf of the City of any instruments of service prepared by Consultant or Subconsultants that do not occur as part of the services provided by Consultant or Subconsultants under this Agreement shall be without liability or legal exposure to the Consultant or Subconsultants. City of Port Orchard and Transpo Group Public Works Project: Anderson Hill Roundabout Page 3 of 17 Updated4/20221BDR Docusign Envelope ID: FFBF8385-99CE-48A7-B9A9-66B888217B22 B. Records preservation. Consultant understands that this Agreement is with a government agency and thus all records created or used in the course of Consultant's work for the City are considered "public records" and are subject to disclosure by the City under the Public Records Act, Chapter 42.56 RCW ("the Act"). Consultant agrees to safeguard and preserve records in accordance with the Act. The City may be required, upon request, to disclose the Agreement, and the documents and records submitted to the City by Consultant, unless an exemption under the Public Records Act applies. If the City receives a public records request and asks Consultant to search its files for responsive records, Consultant agrees to make a prompt and thorough search through its files for responsive records and to promptly turn over any responsive records to the City's public records officer at no cost to the City. 7. Relationship of the Parties; Independent Consultant. The Parties intend that an independent contractor -client relationship will be created by this Agreement. As the Consultant is customarily engaged in an independently established trade which encompasses the specific service provided to the City hereunder, no agent, employee, representative or sub -consultant of the Consultant shall be or shall be deemed to be the employee, agent, representative or sub -consultant of the City. In the performance of the work, the Consultant is an independent contractor with the ability to control and direct the performance and details of the work, the City being interested only in the results obtained under this Agreement. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub - consultants of the Consultant. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, representatives, and sub -consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work that the Consultant performs hereunder. 8. Indemnification. Consultant shall defend, indemnify, and hold the City, its officers, officials, employees, agents, and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorneys' fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, City of Port Orchard and Transpo Group Public Works Project: Anderson Hill Roundabout Updated 4/2022 IBDR Page 4 of 17 Docusign Envelope ID: FFBF8385-99CE-48A7-B9A9-66B888217B22 TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THIS WAIVER HAS BEEN MUTUALLY NEGOTIATED BY THE PARTIES. The provisions of this section shall survive the expiration or termination of this Agreement. 9. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. A. Minimum Scope of Insurance. Consultant shall obtain insurance of the types described below: Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. ii. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent Consultants and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. iii. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. iv. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits: Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. ii. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. iii. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provision. The Consultant's Automobile Liability, Commercial General Liability, and Professional Liability insurance policies are to contain, or be endorsed to contain, that they shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance City of Port Orchard and Transpo Group Public Works Project: Anderson Hill Roundabout Updated 4/2022 IBDR Page 5 of 17 Docusign Envelope ID: FFBF8385-99CE-48A7-B9A9-66B888217B22 pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A -VII. E. Verification of Coverage. The Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. G. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days' notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. H. No Limitation. Consultant's maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. 10. Record Keeping and Reporting. A. The Consultant shall maintain accounts and records, including personnel, property, financial, and programmatic records, which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed pursuant to this Agreement. The Consultant shall also maintain such other records as may be deemed necessary by the City to ensure proper accounting of all funds contributed by the City to the performance of this Agreement. B. The foregoing records shall be maintained for a period of seven (7) years after termination of this Agreement unless permission to destroy them is granted by the Office of the Archivist in accordance with Chapter 40.14 RCW and by the City. 11. City's Right of Inspection and Audit. A. Even though the Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure the satisfactory completion thereof. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or become applicable within the terms of this City of Port Orchard and Transpo Group Public Works Project: Anderson Hill Roundabout Updated 4/2022 IBDR Page 6 of 17 Docusign Envelope ID: FFBF8385-99CE-48A7-B9A9-66B888217B22 Agreement to the Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. B. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by the City during the performance of this Agreement. All work products, data, studies, worksheets, models, reports, and other materials in support of the performance of the service, work products, or outcomes fulfilling the contractual obligations are the products of the City. 12. Work Performed at the Consultant's Risk. The Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub -consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held by the Consultant for use in connection with the work. 13. Termination. A. Termination without cause. This Agreement may be terminated by the City at any time for public convenience, for the Consultant's insolvency or bankruptcy, or the Consultant's assignment for the benefit of creditors. B. Termination with cause. This Agreement may be terminated upon the default of the Consultant and the failure of the Consultant to cure such default within a reasonable time after receiving written notice of the default. C. Rights Upon Termination. i. With or Without Cause. Upon termination for any reason, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to the City, and the Consultant shall be entitled to just and equitable compensation for any satisfactory work completed prior to the date of termination, not to exceed the total compensation set forth herein. The Consultant shall not be entitled to any reallocation of cost, profit or overhead. The Consultant shall not in any event be entitled to anticipated profit on work not performed because of such termination. The Consultant shall use its best efforts to minimize the compensation payable under this Agreement in the event of such termination. Upon termination, the City may take over the work and prosecute the same to completion, by contract or otherwise. ii. Default. If the Agreement is terminated for default, the Consultant shall not be entitled to receive any further payments under the Agreement until all work called for has been fully performed. Any extra cost or damage to the City resulting from such default(s) shall be deducted from any money due or coming due to the Consultant. The Consultant shall bear any extra expenses incurred by the City in completing the work, including all increased City of Port Orchard and Transpo Group Public Works Project: Anderson Hill Roundabout Updated 4/2022 IBDR Page 7 of 17 Docusign Envelope ID: FFBF8385-99CE-48A7-B9A9-66B888217B22 costs for completing the work, and all damage sustained, or which may be sustained, by the City by reason of such default. D. Suspension. The City may suspend this Agreement, at its sole discretion. Any reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's reasonable expenses, and shall be subject to verification. The Consultant shall resume performance of services under this Agreement without delay when the suspension period ends. E. Notice of Termination or Suspension. If delivered to the Consultant in person, termination shall be effective immediately upon the Consultant's receipt of the City's written notice or such date as stated in the City's notice of termination, whichever is later. Notice of suspension shall be given to the Consultant in writing upon one week's advance notice to the Consultant. Such notice shall indicate the anticipated period of suspension. Notice may also be delivered to the Consultant at the address set forth in the "Notices" Section herein. F. Nothing in this Subsection shall prevent the City from seeking any legal remedies it may otherwise have for the violation or nonperformance of any provisions of this Agreement. 14. Discrimination Prohibited. A. The Consultant agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification. B. Violation of this Section shall be a material breach of this Agreement and grounds for cancellation, termination, or suspension of the Agreement by the City, in whole or in part, and may result in ineligibility for further work for the City. 15. Force Majeure. Notwithstanding anything to the contrary in this Agreement, any prevention, delay or stoppage due to strikes, lockouts, labor disputes, acts of God, acts of war, terrorist acts, inability to obtain services, labor, or materials or reasonable substitutes therefor, governmental actions, governmental laws, regulations or restrictions, civil commotions, casualty, actual or threatened public health emergency (including, without limitation, epidemic, pandemic, famine, disease, plague, quarantine, and other significant public health risk), governmental edicts, actions, declarations or quarantines by a governmental entity or health organization, breaches in cybersecurity, and other causes beyond the reasonable control of the Party obligated to perform, regardless of whether such other causes are (i) foreseeable or unforeseeable or (ii) related to the specifically enumerated events in this paragraph (collectively, a "Force Majeure"), shall excuse the performance of such Party for a period equal to any such prevention, delay or stoppage. To the extent this Agreement specifies a time period for performance of an obligation of either Party, that time period shall be extended by the period of any delay in such Party's performance caused by a Force Majeure. Provided however, that the current COVID-19 pandemic shall not be considered a Force Majeure unless constraints on a Party's City of Port Orchard and Transpo Group Public Works Project: Anderson Hill Roundabout Updated 4/2022 IBDR Page 8 of 17 Docusign Envelope ID: FFBF8385-99CE-48A7-B9A9-66B888217B22 performance that result from the pandemic become substantially more onerous after the effective date of this Agreement. 16. Assignment and Subcontract. The Consultant shall not assign or subcontract any portion of the services contemplated by this Agreement without the prior written consent of the City. Any assignment made without the prior approval of the City is void. 17. Conflict of Interest. The Consultant represents to the City that it has no conflict of interest in performing any of the services set forth in Exhibit "A." In the event that the Consultant is asked to perform services for a project with which it may have a conflict, Consultant will immediately disclose such conflict to the City. 18. Confidential All information regarding the City obtained by the Consultant in performance of this Agreement shall be considered confidential. Breach of confidentiality by the Consultant shall be grounds for immediate termination. 19. Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will so notify the Consultant and shall not be obligated to make payments for services or amounts incurred after the end of the current fiscal period. This Agreement will terminate upon the completion of all remaining services for which funds are allocated. No penalty or expense shall accrue to the City in the event that the terms of the provision are effectuated. 20. Entire Agreement. This Agreement contains the entire agreement between the parties, and no other agreements, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind either of the parties. If there is a conflict between the terms and conditions of this Agreement and the attached exhibits, then the terms and conditions of this Agreement shall prevail over the exhibits. Either party may request changes to the Agreement. Changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. 21. Non -waiver of Breach. The failure of either party to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein contained in one or more instances, shall not be City of Port Orchard and Transpo Group Public Works Project: Anderson Hill Roundabout Updated 4/2022 IBDR Page 9 of 17 Docusign Envelope ID: FFBF8385-99CE-48A7-B9A9-66B888217B22 construed to be a waiver or relinquishment of said covenants, agreements, or options, and the same shall be in full force and effect. 22. Modification. No waiver, alteration, modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Consultant. 23. Notices. All notices or other communications required or permitted under this Agreement shall be in writing and shall be (a) personally delivered, in which case the notice or communication shall be deemed given on the date of receipt at the office of the addressee; (b) sent by registered or certified mail, postage prepaid, return receipt requested, in which case the notice or communication shall be deemed given three (3) business days after the date of deposit in the United States mail; or (c) sent by overnight delivery using a nationally recognized overnight courier service, in which case the notice or communication shall be deemed given one business day after the date of deposit with such courier. In addition, all notices shall also be emailed, however, email does not substitute for an official notice. Notices shall be sent to the following addresses: Notices to the City of Port Orchard shall be sent to the following address: City Clerk City of Port Orchard 216 Prospect Street Port Orchard, Washington 98366 Bwallace@cityofportorchard.us Phone: 360.876.4407 Fax: 360.895.9029 Notices to the Consultant shall be sent to the following address: Transco Group USA, Inc 12131 113th Ave NE, Suite 203 Phone No.: 425-821-3665 Email:bryce.kinney@transpogroup.com 24. Resolution of Disputes; Governing Law. A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term or provision's true intent or meaning. The Mayor shall also decide all questions which may arise between the parties relative to the actual services provided or to the sufficiency of the performance hereunder. B. If any dispute arises between the City and the Consultant under any of the provisions City of Port Orchard and Transpo Group Public Works Project: Anderson Hill Roundabout Updated 4/2022 IBDR Page 10 of 17 Docusign Envelope ID: FFBF8385-99CE-48A7-B9A9-66B888217B22 of this Agreement which cannot be resolved by the Mayor's determination in a reasonable time, or if the Consultant does not agree with the Mayor's decision on a disputed matter, jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington. C. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorneys' fees from the other Party. 25. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. 26. Title VI. The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, must affirmatively insure that its contracts comply with these regulations. Therefore, during the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees as follows: A. Compliance with Regulations. The Consultant will comply with the Acts and the Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this Agreement. B. Nondiscrimination. The Consultant, with regard to the work performed by it during this Agreement, will not discriminate on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Consultant will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in Appendix A, attached hereto and incorporated herein by this reference, including employment practices when this Agreement covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding, or negotiation made by the Consultant for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Consultant of the Consultant's obligations under this Agreement and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP. City of Port Orchard and Transpo Group Public Works Project: Anderson Hill Roundabout Updated 4/2022 IBDR Page 11 of 17 Docusign Envelope ID: FFBF8385-99CE-48A7-B9A9-66B888217B22 D. Information and Reports. The Consultant will provide all information and reports required by the Acts, the Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish the information, the Consultant will so certify to the City or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance. In the event of the Consultant's noncompliance with the non- discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: i. withholding payments to the Consultant under the Agreement until the contractor complies; and/or ii. cancelling, terminating, or suspending the Agreement, in whole or in part. F. Incorporation of Provisions. The Consultant will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Consultant will take action with respect to any subcontract or procurement as the City or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Consultant becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Consultant may request the City to enter into any litigation to protect the interests of the City. In addition, the Consultant may request the United States to enter into the litigation to protect the interests of the United States. 27. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. 28. Severability. Any provision or part of this Agreement held to be void or unenforceable under any law or regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon the City and the Consultant, who agree that the Agreement shall be reformed to replace such stricken provision or part with a valid and enforceable provision that comes as close as reasonably possible to expressing the intent of the stricken provision. IN WITNESS WHEREOF, the City and the Consultant have executed this Agreement as of the dates listed below. CONSULTANT CITY OF PORT ORCHARD City of Port Orchard and Transpo Group Public Works Project: Anderson Hill Roundabout Updated 4/2022 IBDR Page 12 of 17 Docusign Envelope ID: FFBF8385-99CE-48A7-B9A9-66B888217B22 Digitally signed by Ryan Peterson DN: C=US, E=ryan.peterson@transpogrou p.00m, Ryan Peterson O=Transpo Group, CN=Ryan Peterson Date: 2025.10.15 14:23:37-0700' Title: Principal Date: 09/04/2025 City of Port Orchard and Transpo Group Public Works Project: Anderson Hill Roundabout Updated 4/2022 IBDR Signed by: V. Robert Putaansuu, Mayor 9/30/2025 Date: ATTEST/AUTHENTICATE Signed by: �Va�A (M 0- AeococARR yy ig Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM F ignneedd by: Port Orchard City Attorney's Office Page 13 of 17 Docusign Envelope ID: FFBF8385-99CE-48A7-B9A9-66B888217B22 EXHIBIT A Scope of Services to be Provided by Consultant. The Consultant shall furnish services including, but not limited to, the following outlined here or attached separately. City of Port Orchard and Transpo Group Public Works Project: Anderson Hill Roundabout Updated 4/2022 IBDR Page 14 of 17 Docusign Envelope ID: FFBF8385-99CE-48A7-B9A9-66B888217B22 Exhibit A — Scope of Work Client Name: City of Port Orchard Project Name: SW Old Clifton Rd/Anderson Hill Rd SW Intersection Improvements Exhibit Dated: August 29, 2025 TG: 1.25220.PR Scope of Services Transpo Group (CONSULTANT) will provide engineering services to the City of Port Orchard (CLIENT) for the SW Old Clifton Rd/Anderson Hill Rd SW Intersection Improvements project (PROJECT). In 2016 through 2018, design work was completed for the intersection improvements, including taking the design to 100% completion. Due to changes in design standards since the previous work was completed, the work to be performed for the PROJECT consists of revisions to the design, plans, specifications, and engineer's opinion of probable costs to meet currently adopted design standards. The engineering and preparation of final plans, specifications, and engineer's opinion of probable costs for the following location in Port Orchard, WA, is generally described below: • SW Old Clifton Rd and Anderson Hill Rd intersection — construct single lane roundabout, stormwater improvements, pavement markings, signing, rectangular rapid flashing beacons (RRFB), water main along SW Old Clifton Road, and roadway illumination. Key Assumptions • All deliverables will be provided electronically via PDF and in their original file format. • All readily available base mapping data for the project limits such as aerial photos, Geographic Information System (GIS) data, and as -built drawings will be provided by the CLIENT, if available. • Existing water, sewer, and gas utilities are not anticipated to be impacted. Impacts, if any, are anticipated to be minor via adjustments to grade and will not require any horizontal adjustments. • New water main will be capped for future use at the extents of the project. Overhead utilities which are impacted by project improvements will be relocated. Impacted utility providers will provide design for relocation/modification of their own utilities. The CONSULTANT will coordinate with the affected utility providers on relocation of their utilities. • Plans will be prepared to 1" = 20' scale per Agency standards, unless otherwise noted within this Scope of Work. • All public outreach will be led by the CLIENT. • Right-of-way for the proposed improvements has already been acquired by the CLIENT. No additional right-of-way acquisition is anticipated. If right-of-way impacts are determined to be needed through the course of the Project, the associated scope and budget for supporting these efforts will be developed and authorized by a supplemental agreement. • Project budget will be tracked at a project level and may be reallocated between tasks, as necessary. • The horizontal roadway geometry will remain consistent with the 2018 design. • The Cultural Resources Report prepared by ASM in 2017 will be sufficient for PROJECT permitting needs. No additional cultural resources assessment and report are anticipated. r 1 Docusign Envelope ID: FFBF8385-99CE-48A7-B9A9-66B888217B22 • The Arborist Report prepared by Hugh B. Doran in 2017 will be sufficient for the PROJECT. No additional arborist support is anticipated. The Critical Areas Report prepared Grette Associates LLC. in 2018 will be sufficient for PROJECT permitting needs. No additional critical areas support is anticipated. Should the PROJECT impacts expand from the 2018 design requiring a supplement to the critical areas report, the associated scope and budget for supporting these efforts will be developed and authorized by a supplemental agreement. • The topographical survey prepared for the project in 2016 will be utilized for the design. It is assumed no major changes to the existing conditions have occurred since the previous survey work was completed. No additional survey work is anticipated. Design Criteria Reports and plans, to the extent feasible, shall be developed in accordance with the following: 1. City of Port Orchard Standards and Specifications 2. WSDOT, "Design Manual", September 2024 3. Federal Highway Administration (FHWA) and WSDOT, "Manual on Uniform Traffic Control Devices for Streets and Highways", 11th Edition December 2023 4. AASHTO 2018, "A Policy on Geometric Design of Highways and Streets" 5. 2019 Stormwater Management Manual for Western Washington (SWMMWW) 6. National Cooperative Highway Research Program (NCHRP) Research Report 1043 Guide for Roundabouts TASK I Project Management / Meetings Project Management The CONSULTANT shall informally communicate with the CLIENT, as needed, and provide direction to staff and review of their work over the course of the project. Periodic monitoring of the project budget will occur over the course of the project. This task is intended to help monitor costs and budgets, and to propose corrective actions. These actions could include formal requests for budget increases, or scope modifications or reductions. Drawings and documents received and generated over the course of the project require review, coordination, and file management. This information will be filed to facilitate ready and selective retrieval. The CONSULTANT will maintain a project schedule and provide the CLIENT with updates on a monthly basis or at key milestones. Subconsultant Coordination Direction of the subconsultants and review of their work over the course of the project shall be provided by the CONSULTANT. This task includes reviewing the status of individual work elements completed by subconsultants, reviewing the subconsultant monthly progress reports, and the planning of future work items. The following subconsultants are expected to be used on this project: • PACE Engineers, Inc. (PACE) — stormwater, utilities, structural, landscaping Docusign Envelope ID: FFBF8385-99CE-48A7-B9A9-66B888217B22 • GeoEngineers, Inc. (GeoEngineers) — geotechnical, environmental permitting Monthly Progress Reports and Invoices Monthly progress reports and invoices shall be prepared by the CONSULTANT and shall include work performed during the billing period. These progress reports and invoices shall also include subconsultant work. Each month's progress report and invoice shall be submitted together to the CLIENT. Coordination Meetings The CONSULTANT shall prepare for, attend, and facilitate monthly coordination meetings during the length of the project. These meetings will be the forums for the CLIENT and other stakeholders to provide input and guidance for the direction of the PROJECT. They will also be used to discuss project issues, develop potential solutions, and review submittals. The agenda, to be prepared by the CONSULTANT, will include a review of work performed to date, status of budget and schedule, potential project risks and opportunities, anticipated work to be performed for the next period, issues, information and actions necessary to progress the work. Task I Assumptions • The duration of the PROJECT is anticipated to be 13 months. • Monthly coordination meetings will be held virtually and have an estimated duration of 30 minutes each. Task I CONSULTANT Deliverables • Monthly progress reports and invoices • Coordination meeting agendas and meeting notes • Project kick off meeting agenda and meeting notes Task I CLIENT Responsibilities • Attend meetings. TASK 2 Data Collection and Analysis This task will provide the basis for confirming existing issues and constraints within the project limits. It will include gathering available data. SUBTASK 2.1 - Site Visit (Transpo Group, PACE, GeoEngineers) The CONSULTANT will attend a site visit with the CLIENT to walk the project area, review existing site conditions, discuss CLIENT concerns, and assess potential solutions. Subtask 2.1 Assumptions • The CONSULTANT, PACE, and GeoEngineers will attend the site visit. Subtask 2.1 CONSULTANT Deliverables • Attend site visit • Document comments, issues, decisions, and direction received Subtask 2.1 CLIENT Responsibilities • Attend site visit. SUBTASK 2.2 — Geotechnical Engineering (GeoEngineers) Docusign Envelope ID: FFBF8385-99CE-48A7-B9A9-66B888217B22 Geotechnical services will consist of reviewing existing subsurface information at the site and providing updated/revised engineering analysis and recommendations to support the final design. Key considerations are anticipated to include stormwater infiltration and vault design, compaction requirements, and re -use of on -site soils. Specific items will include: • Attend one site walk (Subtask 2.1 above) • Review existing subsurface information at the site and surrounding area • Review existing geotechnical report and design recommendations • Complete engineering analysis to support updated/revised design elements • Provide updated/revised design recommendations • Provide engineering consultation and attend meetings (as needed) to assist with design development, alternatives analysis, plan and specification development, and cost estimating. • Review project plan drawings and specifications (60%, 90%, and 100% submittals) Subtask 2.2 Assumptions • No new subsurface explorations will be advanced. Engineering analysis and design will be completed using existing data at the site. • We will attend project meetings as needed and as requested. We assume regular meeting attendance is not required (e.g., monthly coordination meetings). • Construction support and special inspections are not included. Subtask 2.2 CONSULTANT Deliverables • Geotechnical report/letter Subtask 2.2 CLIENT Responsibilities • Review and provide comments on the deliverables. TASK 3 Environmental Permitting (GeoEn_gineers) As part of the original design, a Cultural Resources Report was prepared by ASM Affiliates in 2017 and a Critical Areas Report and Mitigation and Monitoring Plan was prepared by Grette Associates Environmental Consultants in 2018. This scope assumes that all permitting necessary for the project will not require updates or revisions to either of these reports. If additional reporting or documentation is required, beyond what is specifically identified in this scope, this may constitute a change to the scope of services, fee, and schedule and the Consultant will provide these services following written authorization by the Client. At this time, it is anticipated that all critical area impacts will be limited to wetland and/or stream buffer impacts, as described in the 2018 Critical Areas Report and Mitigation and Monitoring Plan. It is anticipated no state or federal funds will be allocated for the project. As such, the required permitting anticipated for the project will be limited to a Critical Areas Review, SEPA Determination, and Construction Stormwater General Permit (CSWGP). We understand that information previously prepared for the project will be utilized for these permits. The CONSULTANT will review the critical areas report against proposed design changes and current standards to confirm accuracy and meeting current standards. Discrepancies found, if any, will be discussed with the CLIENT to determine an appropriate course of action. As part of the critical areas review permit, the CONSULTANT will prepare a Master Permit Application, and a Critical Areas Exception Application. The CONSULTANT will prepare a SEPA checklist for the proposed project that will integrate project information with current environmental conditions. Questions within the checklist will be completed with thorough and comprehensive answers specific to each of the proposed project activities and reflect our experience and understanding of the SEPA review process. It is assumed that an Environmental Impact Statement (EIS) will not be required. The CONSULTANT anticipates the following permits/reviews will be required: • Critical Areas Review Docusign Envelope ID: FFBF8385-99CE-48A7-B9A9-66B888217B22 • SEPA Determination • Construction Stormwater General Permit It is anticipated that the CLIENT will prepare the Preliminary Notice of Intent for the CSWGP and transfer stormwater permit coverage to the contractor. Task 3 Assumptions • Impacts to critical area buffers are anticipated to be limited to and equal to the buffer impacts documented in the 2018 Critical Areas Report and Mitigation and Monitoring Plan. Impacts to wetlands, and/or waterways are not anticipated. • Revisions or updates to the 2018 critical areas report and the 2017 cultural resources report will not be required or field conditions verified. The 2017 and 2018 reports will be used to submit for permits. • The impact and mitigation areas described in the 2018 critical areas report will not be modified and all proposed impacts and mitigation are still applicable to the project. • No other discipline reports other than the Geotechnical Report, 2017 Cultural Resources Report, and 2018 Critical Areas Report and Mitigation and Monitoring Plan will be required for SEPA Determination. • The CONSULTANT team will coordinate regarding information needed to complete the SEPA checklist. • An Environmental Impact Statement (EIS) will not be required. • The site visit conducted under Task 2.1 will include GeoEngineers in order to conduct a brief reconnaissance of existing habitat conditions and to collect general project site information. • The following permits will not be needed: USA CE federal permit; WDFW HPA; floodplain review. • There will be one round of revisions for the SEPA checklist before the document is finalized. • The CLIENT will be the lead agency in reviewing and approving the SEPA documentation and critical areas report. • Public open house(s) and/or meeting(s) are not required, unless otherwise noted. Task 3 CONSULTANT Deliverables • SEPA Checklist (Preliminary and Final) Task 3 CLIENT Responsibilities • Review and provide comments on the deliverables. • Prepare Preliminary Notice of Intent (NOI) for the Construction Stormwater General Permit and transfer stormwater permit coverage to the contractor. • Review and approve SEPA documentation and critical areas report as lead agency. TASK 4 Franchise Utilities Coordination SUBTASK 4.1 — Franchise Utility Location and Coordination (Transpo Group) The CONSULTANT will coordinate with franchise utility providers to identify potential utility conflicts within the project area, and if feasible, the design will be modified to avoid utility conflicts. Coordination with utility providers will include the following: • Providing a copy of the original project's survey base mapping (2016) for verification of utility locations. • Providing a copy of the 60, 90, and 100 -percent designs for review. • Coordinating with Puget Sound Energy (PSE) for proposed handhole, conduit, and pole locations, luminaire fixture selection, and pole base selection. • Review of franchise utility designs Subtask 4.1 Assumptions Docusign Envelope ID: FFBF8385-99CE-48A7-B9A9-66B888217B22 • Utility relocation design will be provided by utility providers, if needed. • No overhead utility to underground design, including a joint utility trench (JUT) is anticipated. • Right-of-way acquisition and/or easements associated with utility relocation will be provided by utility providers, if needed. Subtask 4.1 CONSULTANT Deliverables • Identify utility conflicts, if any • Coordinate with utility providers • Provide a copy of the 60, 90, and 100 -percent designs to PSE. • Provide a copy of the AutoCAD linework and luminaire pole locations to PSE. • Provide review of franchise utility designs Subtask 4.1 CLIENT Responsibilities • Provide list of and contact information for utility companies within the existing right-of-way. • Assist with utility provider coordination. • Pay fees levied by utility providers, if any. TASK 5 Final Engineering SUBTASK 5.1 - Stormwater Report and SWPPP (PACE) The purpose of this subtask is to ensure and provide documentation showing that the proposed improvements comply with the relevant stormwater standards. The CONSULTANT will provide a stormwater report. The draft report will be submitted with the 60% submittal and the final report shall be submitted with the 90% submittal. To complete the stormwater report, hard surface areas will be calculated and the flow chart from the SWMMWW will be completed; the memo will describe what minimum requirements must be met for the project and which are not applicable. The CONSULTANT will also prepare a Stormwater Pollution Prevention Plan (SWPPP) to be included starting at the 90% submittal as part of an appendix in the stormwater report. Work will entail visually examining the site to document existing conditions. The fieldwork required for this task will be conducted in conjunction with fieldwork required for other tasks/subtasks. Proposed Stormwater Best Management Practices (BMPs) will follow recommendations from the Department of Ecology for the given site -specific conditions of this project. Subtask 5.1 Assumptions • Improvements will result in 2, 000 sq-ft or more of new impervious surfaces. New impervious surface(s) will consist of sidewalk. • Improvements will result in 5, 000 sq-ft or more of new plus replaced impervious surfaces. Replaced impervious surface(s) will consist of sidewalk, curb ramps, curb and gutter, asphalt pavement. • The report will follow the format as outlined in the SWMPP as required by the City of Port Orchard • The existing stormwater patterns will not be changed. Subtask 5.1 CONSULTANT Deliverables • Stormwater report, draft and final. • SWPPP, draft and final. Subtask 5.1 CLIENT Responsibilities • Review and provide comments on the deliverables. Docusign Envelope ID: FFBF8385-99CE-48A7-B9A9-66B888217B22 SUBTASK 5.2 - 60% Submittal (Transpo Group, PACE) The CONSULTANT's 60% submittal shall include plans, outline (titles) of anticipated special provisions, quantities, and cost estimate. The design submittal is anticipated to include the following plan sheets: • Cover sheet (Transpo) • General notes, legend, and abbreviations (Transpo) • Alignment and control plan (Transpo) • Typical roadway sections (Transpo) • TESC plan (PACE) • Site prep/demolition plan (Transpo) • Paving and grading plan (Transpo) • Roadway plan and profile (Transpo) • Stormwater plan (PACE) • Storm vault plan (PACE) • Storm vault sections (PACE) • Sanitary sewer and water improvement plan (PACE) • Composite utilities plan (PACE) • Landscape plan (PACE) • Channelization plan (Transpo) • Signing plan (Transpo) • RRFB plan (Transpo) • Roadway illumination notes and legend (Transpo) • Roadway illumination plan (Transpo) • Construction staging plan (Transpo) Subtask 5.2 Assumptions • Construction contract and specifications are not included. • RRFBs will be solar powered. Coordination with solar power manufacturers will be completed to evaluate feasibility and determine solar panel sizing. • Coordination with Kitsap Transit will be required to verify transit needs at the intersection, including providing plan sets for review and comment at each submittal stage. • Water design and layout will be coordinated with City of Port Orchard City of Bremerton prior to start of any design work. • Lump sum traffic control bid item payment will not be used. • Pavement work will generally consist of full -depth reconstruction. • Grading details will not be included. • Construction staging will follow the original 2018 design to the extent feasible. Subtask 5.2 CONSULTANT Deliverables • 60% plans • 60% cost estimate • List (titles) of anticipated special provisions • Design calculations, as applicable Subtask 5.2 CLIENT Responsibilities • Review and provide comments on the deliverables. SUBTASK 5.3 - 90% Submittal (Transpo Group, PACE) The CONSULTANT's 90% submittal shall include plans, quantities, cost estimate, contract document, specifications, and special provisions. All 60% submittal comments received shall be incorporated into the submittal. The design submittal is anticipated to include the following plan sheets: Docusign Envelope ID: FFBF8385-99CE-48A7-B9A9-66B888217B22 • Cover sheet (Transpo) • General notes, legend, and abbreviations (Transpo) • Alignment and control plan (Transpo) • Typical roadway sections (Transpo) • TESC notes (PACE) • TESC plan (PACE) • TESC details (PACE) • Site prep/demolition plan (Transpo) • Roadway plan and profile (Transpo) • Paving and grading plan (Transpo) • ADA curb ramp details (Transpo) • Stormwater plan (PACE) • Stormwater profiles and details (PACE) • General structural notes (PACE) • Storm vault plan (PACE) • Storm vault details (PACE) • Storm vault sections (PACE) • Sanitary sewer and water improvement plan (PACE) • Composite utilities plan (PACE) • Composite utilities notes and details (PACE) • Landscape plan (PACE) • Planting schedule and notes (PACE) • Channelization plan (Transpo) • Channelization details (Transpo) • Signing plan (Transpo) • Signing details (Transpo • RRFB plan (Transpo) • RRFB details (Transpo) • Roadway illumination notes and legend (Transpo) • Roadway illumination plan (Transpo) • Roadway illumination details (Transpo) • Traffic control and construction staging plan (Transpo) Subtask 5.3 Assumptions • Detour plans for pedestrians during construction are not anticipated to be required. A general note(s) and standard detail(s) to provide guidance to the contractor for maintaining pedestrian access will be provided. • Roadway illumination will be owned and operated by PSE. Subtask 5.3 CONSULTANT Deliverables • Responses to 60% comments • 90% plans • 90% cost estimate • 90% contract document, specifications, and special provisions • Maximum Extent Feasible (MEF) documentation, if needed Subtask 5.3 CLIENT Responsibilities • Provide current version of CLIENT's contract documents and special provisions. • Review and provide comments on the deliverables. SUBTASK 5.4— 100% and Bid Submittals (Transpo Group, PACE) The 100% submittal shall be the complete PS&E package submittal for obtaining final CLIENT review. / 8 Docusign Envelope ID: FFBF8385-99CE-48A7-B9A9-66B888217B22 The 90% Design Plan submittal comments shall be incorporated into the 100% submittal. The final comments from the CLIENT shall be incorporated into the Bid submittal. The Bid submittal shall be used for the CLIENT to advertise for bid. Subtask 5.4 Assumptions • Revisions to the plans, cost estimate, and specifications will be minor in nature between the 100% and Bid submittal. Subtask 5.4 CONSULTANT Deliverables • Responses to 90% comments • 100% plans, cost estimate, contract document, specifications, and special provisions • Bid -ready plans, cost estimate, contract document, specifications, and special provisions • Supporting documentation, as needed Subtask 5.4 CLIENT Responsibilities • Advertise and bid PROJECT. TASK 6 Bidding and Construction Phase Support SUBTASK 6.1 — Bidding and Award Support The CONSULTANT is not currently tasked to provide support to the CLIENT during the bid and award period of the construction contract. Should the CLIENT request bid support services, the following tasks will be provided by the Consultant with written authorization by the CLIENT: • Assisting the CLIENT during the bid period to answer questions that arise concerning the PS&E documents. • Assisting the CLIENT in preparing any addenda required during the bid period. • Assisting the CLIENT in reviewing and recommending award based on bids received. SUBTASK 6.2 — Construction Phase Support If the CLIENT determines that Construction Phase Support services are needed, the associated scope and budget for these efforts will be developed and authorized by a supplemental agreement. __ lii _ z 5 I5 _ _I I I S S S r S S .. .. q 5 S S �_ r r S S A s= - a -- e v S- 9 9 r a r_ d3 Docusign Envelope ID: FFBF8385-99CE-48A7-B9A9-66B888217B22 EXHIBIT B Rates for Services to be Provided by Consultant. The Consultant shall furnish the services in accordance with the rates specified below or attached hereto, as Exhibit B. City of Port Orchard and Transpo Group Public Works Project: Anderson Hill Roundabout Updated 4/2022 IBDR Page 15 of 17 Docusign Envelope ID: FFBF8385-99CE-48A7-B9A9-66B888217B22 tra nspogroup 'yr Cost Estimate Worksheet Number! Project Name 1.25220.PR Billing rates are effective from June 28, 2025 through June 26, 2026, within the ranges shown in the attachment. Only key staff are shown and other staff may work on and charge to the project as needed by the project manager. Labor. 1 2.1 4 5.2 5.3 5.4 6.1 6.2 initials labor category cost rate Project Quality Traffic Civil Traffic Project Manager Control Civil Lead Lead Support Support Admin Eng L5 Prin L7 Eng L5 Eng L4 Eng L3 Anyl L2 PA L4 $225.00 $280.00 $230.00 $195.00 $160.00 $150.00 $175.00 Project Management / Meetings 70 1 24 36 4 6 141 $30,260 Data Collection and Analysis 6 6 6 2 20 $4,220 Franchise Utilities Coordination 8 4 20 32 $6,620 60% Submittal 20 48 64 90 86 308 $55,320 90% Submittal 24 1 60 48 80 60 273 $50,640 100% Submittal & Bid Submittal 16 1 12 16 32 16 93 $17,280 Bidding and Award Support 0 $0 Construction Phase Support 0 $0 0 $0 0 $0 Total Hours 144 3 I 154 I 190 I 208 162 I 6 I 867 $32,400 $840 $35,420 $37,050 $33,280 $24,300 $1,050 Reimbursable Expenses: Subconsu 5 6 7 8 9 10 11 12 13 14 15 Iraii Application Business Meals Mileage $200 Miscellaneous Models/Renderings/Photos Parking Records Filing Registrations Reproductions Shipping/Courier Specialty Software Supplies Traffic Accident Data Traffic Count Vendors Travel, Hotel, Taxi, & Air Fare Itants: PACE $99,552 GeoEngineers $30,323 Subconsultant C Subconsultant D Subconsultant E TOTAL ESTIMATE I $294,300 Cost Estimate Prepared on: 8/20/2025 Docusign Envelope ID: FFBF8385-99CE-48A7-B9A9-66B888217B22 APPENDIX A During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U .S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 C.F.R. Part 27; • The Age Discrimination Act of 1975, as amended, (42 U .S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub- recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes City of Port Orchard and Transpo Group Public Works Project: Anderson Hill Roundabout Updated 4/2022 IBDR Page 16 of 17 Docusign Envelope ID: FFBF8385-99CE-48A7-B9A9-66B888217B22 discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to -ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). City of Port Orchard and Transpo Group Public Works Project: Anderson Hill Roundabout Updated 4/2022 IBDR Page 17 of 17