HomeMy WebLinkAbout094-25 - Skillings, Inc. - ContractDocusign Envelope ID: AEC4094E-6F08-4696-85F1-F1719A73006B
Port Orchard Contract #: 094-25
Authorized Amount:_$665, 682.00
Date Start: 10/28/2025
Date End: 4/28/2027
CONSULTANT SERVICES AGREEMENT
Ruby Creek Culvert Replacement
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 Skillings, I -1c.
("Consultant") organized under the laws of the State of Washington located and doing business at 5C16
Lacey Blvd, SE Lacey, WA 98503-5729 (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 Chap.er
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.
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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 teat
the City is able to obtain the maximum funding under such Grant Funding Agreement. If this applies, .he
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
$665,682.00 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.
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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 t-iat
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 10/28/2025
and ending 4/28/2027 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 commenc ng
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 experierce
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 t-iis
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.
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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 wcrk,
the City being interested only in the results obtained under this Agreement. None of the bene=its
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 deduct ng
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 perfo,m
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 tiis
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 4.24.1_5,
then, in the event of liability for damages arising out of bodily injury to persons or damages to prope-ty
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,
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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 :he
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 po icy
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 contalin,
that they shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurarce
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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 personrel,
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 af_er
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
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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 af_er
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 t-iis
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 Lse
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 or
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
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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 -or
cancellation, termination, or suspension of the Agreement by the City, in whole or in part, and rray
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
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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. Confidentiality.
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 or
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 pa-ty
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
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construed to be a waiver or relinquishment of said covenants, agreements, or options, and the sane
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 writ ng
and shall be (a) personally delivered, in which case the notice or communication shall be deemed gh,en
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 gi\,en
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
Bwa (lace@cityofportorchard.us
Phone: 360.876.4407 Fax: 360.895.9029
Notices to the Consultant shall be sent to the following address:
Patrick Skillings
5016 Lacey Boulevard SE
Lacev, WA 98503
Phone No.: 360.491.3399
Email: pskillings@skillings.com
24. Resolution of Disputes; Governing Law.
A. Should any dispute, misunderstanding or conflict arise as to the terms and conditicns
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 ar se
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 provisicns
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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 Fny
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.
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D. Information and Reports. The Consultant will provide all information and reperts
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, End
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 cne
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 and Skillings, Inc.
Public Works Project: Ruby Creek Culvert Replacement
Updated 4/20221900
CITY OF PORT ORCHARD
Page 12-d 15
Docusign Envelope ID: AEC4094E-6F08-4696-85F1-F1719A73006B
M
Title: Executive Vice President
Date: 10/20/2025
City of Port Orchard and Skillings, Inc.
Public Works Project: Ruby Creek Culvert Replacement
Updn[ed 4/2022 IBDR
Signed by:
leot r aav,suu.
V.
Robert Putaansuu, Mayor
10/29/2025
Date:
ATTEST/AUTHENTICATE
Signed by:
.aa��
Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM
Signed by.
Port Orchard City Attorney's Office
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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, (prohib is
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
discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI,
City of Port Orchard and Skillings, Inc.
Public Works Project: Ruby Creek Culvert Replacement
Updufed 4/20221BDR
Page 14 15
Docusign Envelope ID: AEC4094E-6F08-4696-85F1-F1719A73006B
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 Skillings, Inc.
Public Works Project: Ruby Creek Culvert Replacement
Updated 4/2022 IBDR
Page 15of 15
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jSK1LLINGS
EXHIRIT A
SCOPE OF WORK
Prepared for:
CITY OF PORT ORCHARD
RUBY CREEK CULVERT REPLACEMENT
October 10, 2025
Introduction:
Skillings, Inc (Consultant) will prepare engineering design and environmental permitting for the City of
Port Orchard (City) for the replacement of the Sidney Road culvert that conveys Ruby Creek. The project
will involve the replacement of the existing squash -pipe culvert with a fish -passable structure. Design
will include realignment of the channel beneath Sidney Road to alleviate scour issues.
Project Assumptions:
• Plans and specifications to be in accordance with City of Port Orchard Standards and WSDOT
Standard Specifications.
• Washington Department of Fish and Wildlife (WDFW) "Stream Simulation" method for
culvert design per their Water Crossing Design Guidelines (2013), will be followed for design
comparisons and ultimate culvert selection.
• This scope of work does not include design of a bridge structure.
• If a box culvert is the selected crossing method, it is assumed that prefabricated sections will
be used and that structural design will be provided by the manufacturer.
• Project planning will include evaluation of the use of full road closure with the use of
Glennwood Road SE as a detour compared to utilizing Maintenance of Traffic (MOT) to keep
Sidney Road open during construction. The comparison will include a cost/impacts analysis of
full road closure versus keeping Sidney Road open. This analysis will be associated with
analysis of structure type during the alternative analysis. The results of this will be presented
to City Council and City Transportation Committee.
Task 1— Project Administration and Management
This task includes Consultant management of staff, invoices and progress reporting, bi-weekly progress
meetings, QA/QC, and internal staff team progress meetings.
Task Assumptions:
■ The duration of the work effort is assumed to be 18 months.
• Progress meetings are assumed to be virtual via Teams, phone or e-mail.
• Monthly progress meetings are estimated based on 18 total meetings with a half hour duration
for two Consultant staff members in attendance per meeting.
Task Description:
Prepare a project management plan, communications plan, master deliverables list, and
schedule with updates.
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2. Provide invoices with project update reports and earned value reports.
3. Provide Quality Management Plan, conduct QA/QC of all documents being formally submitted
to City.
4. In-house coordination
5. Coordination with subconsultants.
6. Monthly progress meetings and correspondence with City.
Deliverables:
• Project Management Plan.
• Communications Plan.
• Master Deliverables List.
• Quality Management Plan.
• Project schedule with updates, if required.
• Monthly invoices with project update reports.
• Monthly progress updates correspondence.
a. Agenda
b. Meeting Minutes
Task 2 —Topographic Survey
This task consists of Consultant completing a topographic survey.
Task Assumptions:
• Topographic survey limits are depicted on the attached survey limits exhibit.
• Utility locates will be provided by Washington Utility Notification Center, which can provide
utility locates at no cost within the City right-of-way limits. Additional underground utility
locating services needed will require a vendor and is not included in the scope.
• A standard traffic control plan will be required for any survey work within ROW. Survey work will
not require additional City permits.
• Right of entry will be coordinated by the City and will be provided within the scheduled survey
time. Title reports have been acquired in support of the project. Skillings will coordinate with
Commonstreet to obtain title reports for use in ROW acquisition (permanent and temporary).
• Horizontal — Survey work to be established on Washington State Coordinate System NAV83/91
• Vertical — The Vertical Datum for the survey work will reference North American Vertical Datum
of 1988.
• Units will be US Survey Feet.
• Distances will be ground distances.
• Topographic survey will be contained within the project limits.
• Underground lines will be based on painted locate marks.
• Ground measurements will be captured sufficient to generate a surface file at one -foot
contours.
• City will provide Right of Way alignments.
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Task Description:
Task 2.1— Project Setup
1. Field to finish setup and utility locate request.
2. On -site task to mark field locates.
sk 2.2 — Survey Control Research
1. Research existing survey control and survey monuments related to the rights -of -way and parcel
lines.
2. Review existing parcel information for lot and right of way determination
Task 2.3 — Establish Survey Control
1. Establish survey control using a combination of Real Time Kinematic (RTK), and conventional
survey methods in accordance with industry standards.
a. Perform a field survey to establish horizontal and vertical survey control.
b. Evaluate survey control and adjust accordingly.
c. Recover existing survey monuments relevant to the re-establishment of existing right of way
lines and parcel lines.
d. Calculate existing right of way lines and parcel lines in AutoCAD digital survey control map.
Task 2.4 — Topographic Survey
1. Field Topographic Survey as shown in Attachment 2 Survey Limits depicting the following:
• Existing road centerline.
• Location and size of driveway cuts.
• Sidewalk, curb, median and shoulder locations (as applicable).
• Edge of pavement and edge of gravel.
• Grade breaks in pavement.
• Channelization lines.
• Buildings, structures, and improvements.
• Retaining walls.
• Guardrails.
• Fences, size, type, and height.
• Signs and sign structures including description, size, and post material.
• Signal poles.
• Light posts.
• Top / Toe of slopes.
• Trees over 6 -inch diameter measured at 4.5 feet above ground level.
• Prominent landscape features (hedges, brush lines, boulders, etc.)
• Storm drainage structures — structure types, pipe sizes, invert elevations.
• Sanitary Sewer structures — structure types, pipe sizes, invert elevations.
• Water line structures — Identified water valves, meters, blow offs and hydrants.
• Above ground power structures — overhead power lines, poles and anchor locations.
• Identify signal controllers, service cabinets, transformers, junction boxes.
• Painted utility locates.
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Task 2.5 — Topographic Base Map
2. Download and backup survey data daily.
3. Compile survey data into digital AutoCAD (Civil 3D) base map.
4. Draft topographic survey map at 1" = 20' scale.
5. Field check topographic survey map.
6. Update topographic survey map based on field edits.
Task 2.6 — Utility Pothole Survey
1. Provide on -site observation of potholing efforts
2. Conduct or record measure down of identified utility during pothole services.
3. Survey the pothole locations after potholing has occurred.
4. Update survey basemap with utility data, pothole locations, and depths.
Task 2.7 — Easement Preparation
There is a potential that temporary or permanent easements will be required for the proposed project.
This task is to prepare temporary and permanent easements. This scope of work is limited to
development of four (4) permanent easements and four (4) temporary construction easements (TCE).
1. Prepare Legal description and exhibit map for permanent easement.
2. Prepare Legal description and exhibit map for TCEs.
Deliverables
• Topographic survey map
• AutoCAD file of topographic survey.
• Existing surface TIN file.
• Right-of-way and lot determination within project limits.
• Permanent Easement Legal Description and Exhibit
• TCE Legal Description and Exhibits
Task 3 — Environmental Documentation and Permitting
Consultant will prepare environmental documentation for General Executive Order 21-02 and
Endangered Species Act. This documentation will support application for aquatic permits under the
Clean Water Act and Washington Hydraulic Code.
Task Assumptions:
• The project is funded through the Brain Abbott Fish Barrier Removal Program and does not
include federal funding.
• Ruby Creek confluences with Blackjack Creek which ultimately discharges to Sinclair Inlet and is
considered a Water of the United States (WOTUS). As a WOTUS, this project will require review
and permit approval from the United States Army Corps of Engineers (USACE) under Section 404
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of the Clean Water Act. The project will also require permit approval from the Washington State
Department of Ecology (ECY) under Section 401 of the Clean Water Act.
• Ruby Creek is considered a Water of the State. The project will require a Hydraulic Project
Approval (HPA) from the Washington State Department of Fish and Wildlife (WDFW) under the
Hydraulic Code of Washington.
• The USACE Section 404 permit is a federal approval and will require consultation under Section
7(a) of the federal Endangered Species Act (ESA).
• The project will require evaluation for historical and cultural resources under General Executive
Order (GEO) 21-02.
• It is assumed that this project will qualify as a Fish Habitat Enhancement Program (FHEP)
project. As an FHEP, it is assumed that SEPA will not be required. The FHEP application will be
submitted to WDFW and the City planning department. It is assumed that the planning
department will have 15 days to submit comments to WDFW.
• It is assumed that as an FHEP project, City of Port Orchard Municipal Code (POMC) 20.162.052
(Wetland Development Standards) and 20.162.72 (Fish and Wildlife Conservation Area
Development Standards) is not required.
Task 3.1 — Biological Evaluation (BE)
Task Assumptions:
• Due to Federal permitting, an ESA consultation is required. A BE must be completed to comply
with Section 7(a) of the Endangered Species Act.
• A BE is needed to accompany the required documentation for submittal with the Section 404
permit application (USACE).
• It is assumed that the project will qualify for coverage under USACE's Programmatic Biological
Opinion; "Programmatic Endangered Species Act Section 7(a)(2) Biological Opinion, and
Magnuson -Stevens Fishery Conservation and Management Act Essential Fish Habitat Response
for the Seattle District Corps of Engineers Permitting of Fish Passage and Restoration Action in
Washington State (FPRP III)." This Scope of Work does not include a formal Biological Evaluation
beyond documentation that is required to meet the programmatic Biological Opinion. If a formal
assessment is required, it can be added to this Scope of Work via supplement.
5ubtasks:
1. Consultant will complete a site visit to document existing conditions required for the BE.
2. Consultant will reference IPaC, NOAA Fisheries list, and PHS Listed Species to compile an up-to-
date species list.
Consultant will make a species and habitat impact determination.
4. Consultant will complete a draft BA.
5. Consultant will complete a final BA.
Deliverable:
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• Draft Biological Assessment.
• Final Biological Assessment
Task 3.2 — Wetland and Stream Assessment R port
USACE and ECY require submittal of a Wetland and Stream Assessment Report (WSAR) detailing
wetlands and the stream (Ruby Creek) as supporting documentation to the Section 404/401 permit
applications.
Task Assumptions:
• The Ordinary High -Water Mark (OHWM) and Bankfull Width of the fish -bearing stream will be
identified environmental field efforts.
• The Critical Area Report will document both vicinity wetlands and streams within the project
area.
• The Critical Area Report will be used in support of federal aquatic permitting under the Clean
Water Act (Section 404 and 401).
• The project corridor is located outside of the 100 -year floodplain for Ruby Creek and will not
require floodplain permit review.
Subtasks:
1. Conduct Literature review.
2. Complete field delineation of OHWM.
3. Prepare flagging map for survey.
4. Prepare draft WSAR for submittal to City.
5. Respond to review comments and prepare Final WSAR.
Deliverables:
• Draft WSAR
• Final WSAR
Task 3.3 — Cultural Resources
The project is state funded and will require cultural and historical review under General Executive Order
21-02.
Assumptions:
Tribal coordination will be prepared by Skillings and provided to the City to utilize City letterhead.
Tasks:
1. Complete EZ-1 Form for submittal to the Department of Archaeology and Historic Preservation.
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2. Prepare Tribal Consultation letters to initiate consultation with vested Tribes. All
correspondence with Tribes to be consolidated as documentation to DAHP.
Deliverables:
• EZ-1 Form.
• Consultation Letters to Tribes and documentation of Tribal correspondence.
Task 4 —Aquatic Permitting
Modification to the existing culvert on Ruby Creek will require aquatic permit approval under the Clean
Water Act and Hydraulic Code of Washington.
Task 4.1— Hydraulic Project Approval Application
Task Assumptions:
• Proposed work within the stream channel will require Hydraulic Project Approval (HPA) from the
Washington State Department of Fish and Wildlife (WDFW).
• Consultant will apply for HPA via WDFW's online portal (APPS).
• Application for coverage under FHEP will be included in the HPA application.
• Application for FHEP requires a copy of the JARPA to be submitted to the City of Port Orchard
for review and comment to WDFW. The JARPA will be completed under a subsequent task.
Subtasks:
1. Complete on-line HPA application.
2. Attend coordination meeting with WDFW and tribal stakeholders.
Deliverables:
• HPA application.
• Meeting minutes from WDFW/Tribal Meeting
Task 4.2 Joint Aquatic Resource Project Application (JARPA)
Task Assumptions:
• The placement of fill or excavation within the fish -bearing stream or vicinity wetlands will
require a permit from the US Army Corps of Engineers (USACE) under Section 404 of the Clean
Water Act.
• The JARPA will be submitted to USACE for application for a Section 404 permit
• The placement of fill material or excavation within the stream or wetland will also require a
permit from the Washington State Department of Ecology (ECY) under Section 401 of the Clean
Water Act.
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• The JARPA will be submitted to ECY for application for a Section 401 permit (Water Quality
Certification).
• A Wetland and Stream Assessment Report (WSAR) will be submitted as supporting
documentation with the JARPA.
• Consultant will prepare USACE specific design exhibits to support the JARPA Application.
Subtasks:
1. Prepare draft JARPA.
2. Complete USACE Exhibits.
3. Prepare final JARPA based on City comment. Submit to USACE, ECY, and City of Port Orchard.
Deliverables:
• Draft JARPA
• Final JARPA
Task 5 — Geotechnical Investigations
Geotechnical investigation is necessary to determine existing soil conditions necessary for foundation
design of the crossing structure.
Task Assumptions:
• Geosyntech will complete geotechnical investigation as a subconsultant to Consultant.
• Geosyntec will participate in up to two planning meetings (up to 1 hour of project manager time
per meeting) to coordinate the exploration phase.
• The explorations will be performed within the asphalt -paved roadway along the culvert
alignment, and on the City ROW.
• The City will not charge or will waive the permitting fee for ROW access approval for the
explorations. Traffic control will be required, and traffic control subcontractors will be managed
by Geosyntec.
• Geosyntech will develop a subsurface exploration plan and traffic control plans to support work
within the ROW. The subsurface exploration plan will depict proposed locations for exploration
and can be used to determine right -of -entry needs for parcels outside of public ROW.
• Two (2) borings will be completed within the paved roadway. Up to four (4) shallow subsurface
explorations with hand tools will be completed.
• Geosyntech will complete a draft Geotechnical Engineering Report in support of the preferred
design and a final Geotechnical Engineering Report in support of final design.
Tasks:
1. Geotechnical Evaluation
1. Literature review and Create Subsurface Exploration Program
• Participate in planning meetings
• Create subsurface exploration plan
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• Conduct geotechnical borings and shallow subsurface explorations
2. Geotechnical Laboratory Testing
3. Geotechnical Support for Design and Reporting
2. Provide subconsultant management of geotechnical investigation and documentation.
Deliverables:
• Subsurface Exploration Plan
• Draft Geotechnical Engineering Report (PDF).
• Final Geotechnical Engineering Report (PDF).
Task 6— Hydraulic and Geomorphic Reach Assessment
This task consists of conducting a reach assessment of Ruby Creek to understand and identify the
hydraulic, morphologic, and sediment transport processes that will influence the selection of
appropriate culvert replacement alternatives. Using project survey and existing LiDAR we will identify
the representative slope for the watershed. We will identify potential channel migration, long-term
aggradation and degradation. A detailed survey will be completed in the culvert vicinity and reference
reach that will include pebble counts and bankfull widths.
Task Assumptions:
• Right of entry will be coordinated by the City.
Tasks:
1. Conduct field work to:
a. Collect bankfull width measurements.
b. Pebble count to characterize sediment size distribution in reference reach.
c. Identify natural and/or manmade fish passage barriers.
d. Culvert measurements.
e. Document observed lateral and longitudinal erosion.
f. Identification of high-water marks.
g. Observation and documentation of other relevant information such as existing large
wood for the assessment and design of the culvert replacement.
2. Prepare memo documenting findings in a draft Hydraulic and Geomorphic Reach Assessment
Memo, submit to City for review.
3. Meet with City to discuss draft memo and findings, including concurrence on representative
bankfull width.
4. Address City comments, prepare final Hydraulic and Geomorphic Reach Assessment Memo.
Deliverables:
• Draft Hydraulic and Geomorphic Reach Assessment Memo (PDF).
• Final Hydraulic and Geomorphic Reach Assessment Memo (PDF).
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Task 7 — Feasibility and Alternatives Analysis Deliverables
This task consists of completion of the Feasibility and Alternatives Analysis Deliverables as described in
Appendix C, Manual 22 of the Fish Barrier Removal Board (FBRB).
Task Assumptions:
• Consultant will utilize the Barrier Correction and Analysis Form for this milestone.
• Consultant will work with the City to develop alternatives for assessment and preparation of
cost estimates. For the purposes of the scope of work, it is assumed that three (3)
alternatives will be developed and assessed, of which one alternative will be a metal arch
culvert.
• Conceptual cost estimates will include cost/impact analysis of full road closure versus
construction under traffic of each alternative.
Tasks:
1. Develop 3 alternatives for review and discussion with the City.
2. Consultation with RCO Technical Review Team on development of alternatives, and selection of
preferred alternative.
Perform qualitative alternative assessment based on the following criteria:
a. Connection to project goals and objectives
b. Tangible benefit to all targeted species and life stages
c. Stakeholder comments and community support
d. Economic feasibility (appropriate cost -to -benefit ratio)
e. Likelihood of success
f. Ongoing maintenance requirements
g. Project sustainability and resilience
4. Develop exhibits for the 3 alternatives and the preferred alternative.
5. Prepare 3 conceptual cost estimates for alternatives.
6. Complete Barrier Correction and Analysis Form, submit form for City review.
7. Meet with City to discuss and resolve comments.
8. Prepare for and participate in presentation to City Transportation Committee.
9. Address and incorporate City comments into Barrier Correction and Analysis Form.
10. Provide Barrier Correction and Analysis Form for City to submit to WDFW/RCO.
11. Provide internal QA and QC and project coordination.
Deliverables:
• Barrier Correction and Analysis Form (PDF).
• Presentation to Transportation Committee.
Task 8 —Structural
This task consists of completion of structural evaluation, alternative analysis, preliminary structural
design, and final structural design.
Task Assumptions:
• Sargent Engineers will provide structural design as a subconsultant to Consultant.
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• Structural design will be progressed to approximate 30% level of design to allow for analysis of
cost and constructability.
• Sargent will complete the following:
o Cost estimates.
o Geometric constraints.
o Project staging and stage construction requirements.
o Foundations.
o Feasibility of construction.
o Structural constraints
o Maintenance.
Tasks:
1. Structural Support/Design
2. Site Reconnaissance and Data Collection
3. Alternative Analysis — Structural Components
4. Preliminary Type, Size, Location — Structural Components as input to Design Report
5. 30% structural design
6. 60%, 90%, 100% design
Deliverables:
• Conceptual figure of each alternative (a single plan and profile sheet) in PDF.
• CAD files can be provided after an electronic media release form is signed.
• Rough order -of magnitude construction cost estimate for each alternative in PDF.
• Approximate construction duration schedule for each alternative in PDF.
• Structural discussion related to the items listed above for insertion into the TS&L report by
the Prime Consultant.
• Comments and recommended revisions to the master TS&L report to maintain consistency
with the structural components.
• Draft and final 30% structure plans in PDF.
• 30% structural quantities and costs in Excel format.
• AutoCAD backgrounds of the structure layout for use in the civil drawings of the Prime
Consultant's plan set.
• Structural design calculations for the culvert foundation per the requirements of the AASHTO
LRFD Bridge Design Specifications, stamped by a WA Professional Engineer in PDF.
• 60%, 90%, and final structure plans in PDF.
• 60%, 90%, and final structural quantities and cost estimate in Excel Format.
• 60%, 90%, and final structural specifications in Word format.
• Final quantity calculations stamped by a WA Professional Engineer in PDF.
• Construction schedule for structure components at 60%, 90%, and Final PS&E in PDF format.
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Task 9 — Design Report (Preliminary Design)
This task consists of completion of the Preliminary Design Report as described in Appendix C, Manual 22
of the Fish Barrier Removal Board (FBRB).
Task Assumptions:
• Consultant will prepare a Design Report for this milestone, in accordance with the format in
Appendix C, Manual 22 of the FBRB.
• Alternatives and preferred alternatives will be based on the alternatives developed and
assessed in Task 7.
• Hydrologic analysis will utilize USGS Streamstats and results will be compared to previous
design report values. Climate change factors will use the mean percent change in 100 -year
flood flows from WDFW Future Projections for Climate -Adapted Culvert Design program.
Tasks:
1. Perform hydrologic analysis, compute flood frequency discharges for existing conditions for
Ruby Creek, including the climate change factored flow.
2. Develop two-dimensional (2D) HEC-RAS hydraulic model of the reach, approximately 300 feet
upstream and downstream of the crossing.
3. Evaluate the flow levels and velocities of existing conditions and alternatives.
4. Document results of analysis in draft Preliminary Design Report, submit Preliminary Design
Report for City review.
Meet with City to discuss and resolve comments.
Address and incorporate City comments into Preliminary Design Report.
Provide Preliminary Design Report for City to submit to WDFW/RCO.
Provide internal QA and QC and project coordination.
Deliverables:
• Preliminary Design Report (PDF).
Task 10 — Plans, Specifications, and Estimate (Preliminary Design)
This task consists of the preparation of preliminary design plans (60% plans) of the preferred alternative.
Task 8 includes preparation of a preliminary cost estimate with contingency, and preliminary special
provisions.
Task Assumptions:
• Consultant will maintain a design diary documenting approaches, problems, decisions, and
actions. Diary will be maintained continuously throughout the project.
• The quantity calculations notebook will be preliminary and will not be sufficient for the final
construction cost estimate.
• Preliminary Engineer's Estimate of Probable Costs to Construct will be prepared using WSDOT
Unit Bid Price format.
• Special provisions will be prepared utilizing WSDOT specifications format, to include City's
General Special Provisions (GSPs), if any.
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• Stormwater design requirements will follow the 2019 edition of the Department of Ecology's
Stormwater Management Manual for Western Washington (2019 SWMMWW).
• Project is anticipated to only trigger Minimum Requirements 1— 5.
• Gas, water, power, telecommunication, and sanitary sewer, are present within the project
corridor.
• Existing utility conflicts will be evaluated during the 60% design phase. Consultant will provide
design for City owned and operated utilities (water and sewer), it is assumed that franchise
utilities will provide and prepare their own relocation construction documents and relocation
contractor.
• 60% Design Plan Sheets are anticipated to include:
60% Design Plan Sheets
Cover with Vicinity Map and Index
Legend and Construction Notes Sheet
Horizontal Control Plan
Site Preparation/Demolition Plans
Roadway Typical Sections
Roadway Plan and Profile Sheets
Stream Plan and Profile Sheets
Culvert Plan, Section and Detail Sheets
Stream Section and Detail Sheets
Planting Plan Sheets
Utility Relocation Plan Sheets
Detour Plan Sheets
Tasks:
1.
2.
3
4.
5.
6.
7.
8.
9.
Prepare design diary.
Prepare preliminary stormwater report:
a. Determine project limits and assess threshold discharge areas (TDA).
b. Determine area totals for existing pervious and impervious areas, new and replaced
surfaces.
c. Assess applicability of overall Minimum Requirements and individual thresholds for LID.
d. Select and implement preliminary design of BMPs for LID.
e. Document findings in preliminary stormwater report.
Prepare Traffic Control Plan (TCP) and Maintenance of Traffic (MOT) plan sheets to support
construction under traffic.
Prepare 60% Plans.
Prepare preliminary Quantities Notebook.
Prepare 60% Engineer's Estimate of Probable Cost to Construct.
Prepare 60% Special Provisions.
Assess potential Right -of -Way impacts and/or easement requirements.
Submit 60% PS&E for City review.
Project No. 25164 City Of Port Orchard
Ruby Creek Culvert Replacement Page 13 of 32 October 14, 2025
Docusign Envelope ID: AEC4094E-6F08-4696-85F1-F1719A73006B
10. Conduct plan -in -hand site visit with City to review layout, wingwall and easements needs, and
determine adjustments (if needed).
11. Meet with City to discuss and resolve comments.
12. Address and incorporate City comments into 60% PS&E.
13. Provide 60% PS&E for City to submit to WDFW/RCO.
14. Provide internal QA and QC and project coordination.
Deliverables:
• One (1) set of 60% plans, specifications, and estimate (PDF).
• Preliminary Stormwater Report.
• Quantities Notebook.
Task 11— Design Report (Final Design)
This task consists of completion of the Final Design Report, addressing comments received from
WDFW/RCO Technical Review Team, as described in Appendix C, Manual 22 of the Fish Barrier Removal
Board (FBRB).
Task Assumptions:
There will be one round of review, comment resolution, and comment incorporation of the
Preliminary Design Report by WDFW/RCO Technical Review Team, with one set of
consolidated comments.
Tasks:
1. Review WDFW/RCO Technical Review Team comments, provide initial comment responses to
City.
2. Meet with City to discuss comments.
3. Conduct comment resolution meeting with City and WDFW/RCO Technical Review Team.
4. Address and incorporate comments into Final Design Report.
5. Provide Final Design Report for City to submit to WDFW/RCO.
6. Provide internal QA and QC and project coordination.
Deliverables:
• Final Design Report (PDF).
Task 12 — Plans, Specifications, and Estimate (Final Design)
This task consists of addressing comments from City, WDFW/RCO Technical Review Team, and
advancing the Preliminary Design Plans to Final Design Plans (100% plans) for the preferred alternative.
Task Assumptions:
• There will be one round of review, comment resolution, and comment incorporation of the
60% PS&E by WDFW/RCO Technical Review Team, with one set of consolidated comments.
• Preparation of a Contract Bid Package for bid advertisement is not included in the scope of
work.
Project No. 25164 City Of Port Orchard
Ruby Creek Culvert Replacement Page 14 of 32 October 14, 2025
Docusign Envelope ID: AEC4094E-6F08-4696-85F1-F1719A73006B
Tasks:
1. Review WDFW/RCO Technical Review Team comments on 60% PS&E, provide initial comment
responses to City.
2. Meet with City to discuss comments.
3. Conduct comment resolution meeting with City and WDFW/RCO Technical Review Team.
4. Address and incorporate comments into 100% PS&E.
5. Prepare final stormwater report:
Finalize stormwater report based on 100% design.
6. Prepare 100% level of plans as noted above.
7. Update Quantities Notebook to 100% level.
8. Update Engineer's Estimate of Probable Cost to Construct to 100% level.
9. Update Special Provisions to 100% level.
10. Submit 100% PS&E for City review.
11. Meet with City to discuss and resolve comments.
12. Address and incorporate City comments into 100% PS&E.
13. Provide 100% PS&E for City to submit to WDFW/RCO.
14. Review WDFW/RCO Technical Review Team comments on 100% PS&E, provide initial comment
responses to City.
15. Meet with City to discuss comments.
16. Conduct comment resolution meeting with City and WDFW/RCO Technical Review Team.
17. Address and incorporate comments into Ad -Ready PS&E.
18. Provide internal QA and QC and project coordination.
Deliverables:
• One (1) set of 100% plans, specifications, and estimate (PDF).
• One (1) set of Ad -Ready plans, specifications, and estimate (PDF).
• Final Stormwater Report.
• Quantities Notebook.
Task 13 — Utility Coordination
This task provides utility coordination for impacted utilities within the project limits. Overhead power,
telecommunication lines, water, sewer, and natural gas utilities are located within the project corridor.
Proposed design does not appear to require permanent relocation of overhead power/telecom.
However, overhead utilities will be a conflict during construction, requiring coordination with the power
and telecom purveyors for short-term line drops during structure installation. Natural gas mains will
require relocation and coordination with the utility owner to accommodate the project. Water and
sewer relocations, coordination, and design will be managed by the City.
Task Assumptions:
• Aerial utilities and utility poles will not require permanent relocation.
• Franchise utilities impacted will provide their own design for conflict resolution.
• The City will provide franchise agreements for each impacted utility.
• If available, the City will provide utility contact information for each impacted utility.
• Utility coordination meetings are assumed to have four meetings with each impacted utility for
Project No. 25164 City Of Port Orchard
Ruby Creek Culvert Replacement Page 15 of 32 October 14, 2025
Docusign Envelope ID: AEC4094E-6F08-4696-85F1-F1719A73006B
a duration of one hour each meeting with two Consultant staff members present. Should
additional meetings be deemed necessary, the additional meetings will be billed on a time and
material basis.
• Consultant makes no guarantees or warranties regarding the timeliness, performance, or
actions of any third -party utility providers.
Tasks:
1. Establish Utility Contacts List.
2. Prepare and maintain utility coordination and resolution schedule.
3. Prepare an exhibit for each impacted utility of potential conflict.
4. Utility coordination meetings.
5. Prepare utility coordination meeting minutes.
6. Review of utility owner prepared design.
7. Incorporate Franchise Utility provided design into plan set.
8. Prepare Utility Action Plans
Deliverables:
• Utility Contact List
• Utility Coordination Schedule
• Exhibit of impacted utilities
• Utility coordination meeting agenda
• Utility coordination meeting minutes
• Utility Action Plans
Task 14 — Right of Way
This task provides coordination for Right of Way (ROW) activities. This includes permanent and
temporary acquisition.
Task Assumptions:
• Commonstreet will provide ROW services for this project as a subconsultant to Consultant.
Commonstreet has previously acquired title reports for adjacent parcels. Skillings will coordinate with
Commonstreet for use of title reports in development of temporary or permanent ROW acquisition.
Tasks:
1. ROW Project Management and Administration
• Prepare for and attend early design development meetings as requested by the City or the
project team.
• Provide pre -acquisition services as requested by the City or project team to support early
design development.
• Respond to inquiries and needs identified by your team, the City and/or Project Stakeholders;
Oversight of preliminary ROW activities to comply with WDFW and RCO requirements.
• Provide written and oral status updates on right of way activities.
• Provide oversight to all aspects of the Right of Way program.
Project No. 25164 City Of Port Orchard
Ruby Creek Culvert Replacement Page 16 of 32 October 14, 2025
Docusign Envelope ID: AEC4094E-6F08-4696-85F1-F1719A73006B
• Review City's approved Right of Way Procedures.
• Develop and execute the Right of Way program in compliance with state law, Uniform Act,
WDFW, RCO, and WSDOT requirements.
• Provide oversight of ROW activities to comply with BAFBRB requirements.
• Maintain quality control/quality assurance protocols in the execution of the Right of Way
tasks.
• Coordinate title reviews.
2. Acquisition Services
• Create WDFW and RCO-compliant project files for each parcel.
• Request the City order new and/or updates to existing title commitments.
• Produce templates approved by City to draft offer packages.
• Prepare offer packages.
• Edit documents during negotiations to memorialize agreements reached by the City.
• Review of all valuation and compensation data.
• QA/QC of all documents, tasks, and processes before, during, and after acquisition process.
• Prepare, deliver, and present offer packages.
• Negotiate settlements and draft justification memos when necessary.
• If amicable settlements not approved by City, prepare and submit a condemnation package.
• Coordinate the development of DV/Just Compensation approved by the City.
3. Project and File Close Out
• Collaborate with City during closing, payment, and recording processes.
• Set up client escrow account or facilitate execution of all conveyance documents, payment
vouchers, proof of payment, and closing data along with recorded conveyance documents
and closing of files.
• Address any items brought forth by WDFW and/or RCO.
• Prepare parcel files (electronic and/or hard copy) in a format requested by the City and
provide to City for retention.
Deliverables:
• Preliminary offer packages
• Draft justification letters
• Final offer package
END SCOPE OF WORK
Project No. 25164 City Of Port Orchard
Ruby Creek Culvert Replacement Page 17 of 32 October 14, 2025
Docusign Envelope ID: AEC4094E-6F08-4696-85F1-F1719A73006B
EXHIBIT B-1
CONSULTANT COST COMPUTATION — MAN-HOURS
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TASK #
TASK DESCRIPTION
Project
1
Administration and
Management
Prepare a project
management plan,
communications
1
plan, master
12
deliverables list,
and schedule with
updates.
Provide invoices
with project update
2
reports and earned
9
18
value reports.
Provide Quality
Management Plan,
conduct QA/QC of
3
all documents being
20
40
40
formally submitted
to City.
In-house
4
coordination
9
60
5
Coordination with
9
4
subconsultants.
Monthly progress
meetings and
6
correspondence
9
9
4
with City.
2
Topographic Survey
Project No. 25164 City Of Port Orchard
Ruby Creek Culvert Replacement Page 18 of 32 October 10, 2025
Docusign Envelope ID: AEC4094E-6F08-4696-85F1-F1719A73006B
2.1
Project setup
1
Field to finish setup
2
4
2
Mark utility locates
4
in field
•
2 2
Survey Control
Research
1
research existing
4
10
survey control
2
review existing
4
8
parcel information
2 3
•
Establish Survey
Control
Establish survey
control using a
1
combination of Real
Time Kinematic
(RTK)
Perform a field
survey to establish
a
horizontal and
4
4
10
vertical survey
control.
2
b
Evaluate survey
9
control and adjust
Recover existing
survey monuments
relevant to the re -
c
establishment of
8
existing right of way
lines and parcel
lines.
2.4
Topgraphic Survey
1
Field Topgraphic
10
40
40
survey
Topgraphic
2 5
Basemap
Download and
1
backup survey data
9
daily.
Compile survey data
2
into digital AutoCAD
5
9
18
(Civil 3D) base map.
Draft topographic
3
survey mapatl"=
4
9
27
20' scale.
Project No. 25164 City Of Port Orchard
Ruby Creek Culvert Replacement Page 19 of 32 October 10, 2025
Docusign Envelope ID: AEC4094E-6F08-4696-85F1-F1719A73006B
Field check
4
topographic survey
4
map.
Update topographic
5
survey map based
4
1
4
9
on field edits.
2 6
Utility Pothole
Survey
Provide on -site
observation of
4
1
potholing efforts
Conduct or record
measure down of
identified utility
1
during pothole
2
services.
Survey the pothole
locations after
potholing has
1
6
10
3
occurred.
Update survey
basemap with utility
data, pothole
1
4
9
locations, and
4
depths.
2 7
Easement
Preparation
Calculate existing
1.0
right of way lines
4
20
and parcel lines
Prepare Legal
description and
2
exhibit map for
8
20
20
permanent
easement.
Prepare Legal
3
description and
8
20
20
exhibit map for
TCEs.
Environmental
3
Documentation and
Permitting
Biological
3.1
Evaluation
Consultant will
1
complete a site visit
8
to document
Project No. 25164 City Of Port Orchard
October 10, 2025
Ruby Creek Culvert Replacement Page 20 of 32
Docusign Envelope ID: AEC4094E-6F08-4696-85F1-F1719A73006B
existing conditions
required for the BE.
Consultant will
reference IPaC,
NOAA Fisheries list,
2
and PHS Listed
4
Species to compile
an up-to-date
species list.
Make a species and
3
habitat impact
1
4
determination.
Complete a draft
4
BA.
4
80
5 Complete a final BA.
4
24
Wetland and
3.2
Stream Assessment
Report
Conduct Literature
1
4
review.
Complete field
2
delineation of
1
18
OHWM.
Prepare flagging
3
map for survey.
2
Prepare draft WSAR
4
for submittal to
4
60
City.
Respond to review
comments and
5
prepare Final
1
18
WSAR.
3.3
Cultural Resources
Complete EZ-1 Form
for submittal to the
Department of
1
Archaeology and
1
9
Historic
Preservation.
Prepare Tribal
2 I
Consultation Letters
and document
2
9
correspondence
4
Aquatic Permitting
Project No. 25164 City Of Port Orchard
Ruby Creek Culvert Replacement Page 21 of 32 October 10, 2025
Docusign Envelope ID: AEC4094E-6F08-4696-85F1-F1719A73006B
Hydraulic Project
4.1
Approval
Complete HPA
1
application
9
Attend Site visit
2
with WDFW and
6
6
Tribes
Joint Aquatic
4.2
Resource Permit
Application
Prepare draft JARPA
9
1
Complete USACE
2
Exhibits
1
4
18
Prepare final JARPA
3
for submittal
1
2
9
Geotechnical
5
Investigation
Hydraulic and
6
Geomorphic
Assessment
Geomorphic
1
Assessment
Collect bankfull
a
width
1
2
measurements.
Pebble count to
characterize
b
sediment size
2
4
distribution in
reference reach.
Identify natural
and/or manmade
c
fish passage
1
2
barriers.
d
Culvert
1
2
measurements.
Document observed
lateral and
e
longitudinal
1
2
erosion.
f
Identification of
high-water marks.
1
2
Project No. 25164 City Of Port Orchard
Ruby Creek Culvert Replacement Page 22 of 32 October 10, 2025
Docusign Envelope ID: AEC4094E-6F08-4696-85F1-F1719A73006B
Observation and
documentation of
other relevant
information such as
g
existing large wood
2
4
for the assessment
and design of the
culvert
replacement.
Prepare memo
documenting
findings in a draft
Hydraulic and
2
Geomorphic Reach
2
2
12
Assessment Memo,
submit to City for
review.
Meet with City to
discuss draft memo
and findings,
3
including
1
1
concurrence on
representative
bankfull width.
Address City
comments, prepare
4
final Hydraulic and
1
1
4
Geomorphic Reach
Assessment Memo.
Feasibility and
�
Alternative Analysis
Develop 3
1
alternatives
6
8
24
10
Consult with RCO
2
technical review
4
4
team
Perform qualitative
3
alternative
8
18
assessment
Develop exhibits for
4
3 alternatives
6
10
10
5
Prepare Estimate
4
10
for 3 alternatives
Complete Barrier
6
Correction Form
1
4
Project No. 25164 City Of Port Orchard
Ruby Creek Culvert Replacement Page 23 of 32 October 10, 2025
Docusign Envelope ID: AEC4094E-6F08-4696-85F1-F1719A73006B
�
Meet with City to
2
2
resolve comments
Prepare for and
8
present to City
4
6
6
Transportation
Committee
Incorporate City
9
comments into
4
4
Barrier Correction
Form
Submit Barrier
10
Correction Form to
1
City
8
Structural Design
Design Report
9
(Preliminary
Design)
Perform hydrologic
analysis, compute
flood frequency
discharges for
1
existing conditions
10
20
for Ruby Creek,
including the
climate change
factored flow.
Develop two -
dimensional (2D)
2
HEC-RAS hydraulic
20
40
model of the reach
Evaluate the flow
levels and velocities
3
of existing
10
20
conditions and
alternatives.
Document results of
analysis in draft
Preliminary Design
4
Report, submit
2
16
32
Preliminary Design
Report for City
review.
Project No. 25164 City Of Port Orchard
Ruby Creek Culvert Replacement Page 24 of 32 October 10, 2025
Docusign Envelope ID: AEC4094E-6F08-4696-85F1-F1719A73006B
Meet with City to
5
discuss and resolve
2
2
comments.
Address and
incorporate City
6
comments into
2
8
24
Preliminary Design
Report.
Provide Preliminary
�
Design Report for
2
City to submit to
WDFW/RCO.
Plans,
Specifications and
10
Estimate
(Preliminary
Design)
1
Prepare design
2
2
diary.
Prepare preliminary
2
stormwater report:
Determine project
limits and assess
a
threshold di
discharge
2
2
2
areas (TDA).
Determine area
totals for existing
b
pervious and
2
4
4
impervious areas,
new and replaced
surfaces.
Assess applicability
of overall Minimum
c
Requirements and
2
individual
thresholds for LID.
Select and
d
implement
2
4
preliminary design
of BMPs for LID.
Document findings
e
in preliminary
4
18
4
stormwater report.
Project No. 25164 City Of Port Orchard
Ruby Creek Culvert Replacement Page 25 of 32 October 10, 2025
Docusign Envelope ID: AEC4094E-6F08-4696-85F1-F1719A73006B
Prepare Traffic
Control Plan (TCP)
and Maintenance of
3
Traffic (MOT) plan
2
4
20
20
sheets to support
construction under
traffic.
4
Prepare 60% Plans.
40
80
60
Prepare preliminary
5
Quantities
2
8
Notebook.
Prepare 60%
6
Engineer's Estimate
2
8
of Probable Cost to
Construct.
Prepare 60% Special
�
Provisions.
20
Assess potential
Right -of -Way
8
impacts and/or
4
4
easement
requirements.
Submit 60% PS&E
9
for City review.
2
Conduct plan -in -
hand site visit with
City to review
layout, wingwall
10
and easements
5
5
needs, and
determine
adjustments (if
needed).
Meet with City to
11
discuss and resolve
2
2
comments.
Address and
12
incorporate City
2
4
10
10
comments into 60%
PS&E.
Provide 60% PS&E
13
for City to submit to
2
WDFW/RCO.
11
Design Report
(Final Design)
Project No. 25164 City Of Port Orchard
Ruby Creek Culvert Replacement Page 26 of 32 October 10, 2025
Docusign Envelope ID: AEC4094E-6F08-4696-85F1-F1719A73006B
Review WDFW/RCO
Technical Review
1
Team comments,
2
2
4
provide initial
comment responses
to City.
2
Meet with City to
discuss comments.
2
2
Conduct comment
resolution meeting
with City and
3
WDFW/RCO
2
2
Technical Review
Team.
Address and
4
incorporate
2
20
comments into Final
Design Report.
Provide Final Design
Report for City to
5
submit to
1
1
2
WDFW/RCO.
Plans,
Specifications and
12
Estimate (Final
Design)
Review WDFW/RCO
Technical Review
1
Team comments on
2
2
60% PS&E, provide
initial comment
responses to City.
Meet with City to
2
discuss comments.
1
1
Conduct comment
resolution meeting
with City and
3
WDFW/RCO
1
1
Technical Review
Team.
Address and
4
incorporate
4
10
10
comments into
100% PS&E.
Project No. 25164 City Of Port Orchard
Ruby Creek Culvert Replacement Page 27 of 32 October 10, 2025
Docusign Envelope ID: AEC4094E-6F08-4696-85F1-F1719A73006B
Prepare final
5
stormwater report:
Finalize stormwater
a
report based on
2
10
10
100% design.
Prepare 100% level
6
of plans as noted
18
60
40
above.
Update Quantities
7
Notebook to 100%
2
4
level.
Update Engineer's
Estimate of
8
Probable Cost to
2
4
Construct to 100%
level.
Update Special
9
Provisions to 100%
9
level.
Submit 100% PS&E
10
for City review.
2
Meet with City to
11
discuss and resolve
2
2
comments.
Address and
incorporate City
12
comments into
4
16
16
100% PS&E.
Provide 100% PS&E
13
for City to submit to
1
WDFW/RCO.
Review WDFW/RCO
Technical Review
14
Team comments on
2
2
100% PS&E, provide
initial comment
responses to City.
Meet with City to
15
discuss comments.
1
1
Conduct comment
resolution meeting
with City and
16
WDFW/RCO
1
1
Technical Review
Team.
Address and
17
4
10
10
incorporate
Project No. 25164 City Of Port Orchard
Ruby Creek Culvert Replacement Page 28 of 32 October 10, 2025
Docusign Envelope ID: AEC4094E-6F08-4696-85F1-F1719A73006B
comments into Ad -
Ready PS&E.
13
Utility Coordination
1
Establish Utility
2
Contacts List.
Prepare and
2
maintain utility
4
coordination and
resolution schedule.
Prepare an exhibit
for each impacted
3
utility of potential
9
4
conflict.
4
Utility coordination
4
4
meetings.
Prepare utility
5
coordination
2
meeting minutes.
Review of utility
6
owner prepared
4
4
design.
Incorporate
7
Franchise Utility
2
9
provided design
into plan set.
Prepare Utility
8
Action Plans
2
4
18
4
14
Right -of -Way
HOURS PER
33
221
342
556
24
304
257
57
167
13
68
103
18
DISCIPLINE
Project No. 25164 City Of Port Orchard
Ruby Creek Culvert Replacement Page 29 of 32 October 10, 2025
Docusign Envelope ID: AEC4094E-6F08-4696-85F1-F1719A73006B
EXHIBIT B-2
CONSULTANT COST COMPUTATION - SUMMARY
Classification
Man Hours
X
Rate =
Cost
PRINCIPAL -IN -CHARGE
33
x
$319.00 =
$10,527.00
PROJECT MANAGER
221
X
$294.00 =
$64,974.00
PROJECT ENGINEER
342
x
$283.00 =
$96,786.00
ENGINEER
556
x
$156.00 =
$86,736.00
UTILITIES MANAGER
24
x
$273.00 =
$6,552.00
STAFF SCIENTIST
304
x
$106.00 =
$32,224.00
TECHNICIAN
257
x
$179.00 =
$46,003.00
PROFESSIONAL LAND SURVEYOR
57
x
$195.00 =
$11,115.00
PROJECT SURVEYOR
167
X
$148.00 =
$24,716.00
SURVEY PARTY CHIEF
13
X
$130.00 =
$1,690.00
2 MAN SURVEY CREW
68
X
$224.00 =
$15,232.00
SURVEY TECHNICIAN
103
x
$126.00 =
$12,978.00
PROJECT ADMINISTRATOR
18
x
$178.00 =
$3,204.00
Total Hours =
2163
Total NHR =
$412 737.00
REIMBURSABLES:
Mileage
1,200
X
$0.700 =
$840.00
Miscellaneous Expenses
$250.00
X
10% _
$275.00
Total Expenses=
Si 115.00
SUBCONSULTANT COST (See Exhibit E):
Geosyntech
$64,296.00
X
5% _
$67,510.80
Sargent
$75,982.00
X
5% _
$79,781.10
Commonstreet
$50,988.37
X
5% _
$53,537.79
Potholing Vendor
$20,000.00
X
5% _
$21,000.00
Total
Subconsultants =
$221 829.69
SUB -TOTAL (NHR + REIMBURSABLES + SUBCONSULTANTS):
Sub Total=
$b3a,6S1.59
MANAGEMENT RESERVE FUND:
SUB TOTAL =
$635,681.69
x
=
MRF =
$30000.00
GRAND
TOTAL =
$665.682
Project No. 25164 City Of Port Orchard
Ruby Creek Culvert Replacement Page 30 of 32 October 10, 2025
Docusign Envelope ID: AEC4094E-6F08-4696-85F1-F1719A73006B
EXHIBIT B-3
CONSULTANT COST COMPUTATION - EXPENSES
Item
Description
Basis
Quantity
Rate
Total
1
Telephone
Month
$0.00
2
Auto Rental
Each
$0.00
3
Lodging
Day
$0.00
4
Per Diem -Meal
Day
$0.00
5
Photocopies - Blk & White
Each
$0.10
$0.00
6
Photocopies - Color
Each
$0.35
$0.00
7
Half Sized Prints
Each
$0.50
$0.00
8
Full Sized Prints
Each
$6.00
$0.00
9
Postage
Month
$0.00
10
Shipping
Month
$0.00
11
FAXs
Each
$0.00
12
Miscellaneous Project Costs
Month
$100.00
$0.00
13
Miscellaneous Survey Costs
Estimated
1
$250.00
$250.00
14
InRoads Software
Month -No of years
$950.00
$0.00
15
Traffic Control
Estimated
$0.00
Total Miscellaneous Expenses
$250.00
Mileage
Per Mile
1200
0.700
$840.00
100 RT Min - Per Trip
Total Expenses
$1,090.00
Project No. 25164 City Of Port Orchard
Ruby Creek Culvert Replacement Page 31 of 32 October 10, 2025
Docusign Envelope ID: AEC4094E-6F08-4696-85F1-F1719A73006B
0.'
Ruby Creek
Survey Limits
10-03-2025
•
F4
;I
Docusign Envelope ID: AEC4094E-6F08-4696-85F1-F1719A73006B
Geosyntec °
consultants
October 9, 2025
Skillings, Inc.
Attn: Patrick Skillings, PMP and Ian Lee, PE
5016 Lacey Blvd SE
Lacey, WA 98503
Re: City of Port Orchard, Ruby Creek Sidney Road Fish Barrier Removal
Port Orchard, Washington
Proposal No. NCP2025-382
Dear Patrick and Ian:
Geosyntec Consultants, Inc. (Geosyntec) thanks you for the opportunity to present this proposal to
Skillings, Inc. (Skillings) to support the City of Port Orchard (City), Ruby Creek Fish Barrier
Removal for the culvert crossing at Sidney Road (Project). We feel our extensive experience with
fish barrier removal as well as in the City of Port Orchard, our responsiveness, and considerable
experience with similar culvert replacement work will provide exceptional value and advance project
development in an efficient and thoughtful manner.
Project Understanding
We understand the City wants to replace a barrier culvert with a box culvert or bridge. The
replacement structure will be designed to meet fish passage and habitat enhancement objectives in
accordance with Washington Department of Fish and Wildlife (WDFW) guidance and applicable
regulations.
Scope of Services
Our scope of services is to provide geotechnical support for design of the box culvert or bridge. This
will include a desktop study to review publicly available data, maps, and information provided by
Skillings and the City.
The following sections describe our proposed Tasks 1 and 2 under this scope of work.
Task 1: Geotechnical Evaluation
The geotechnical evaluation Subtasks 1.1 through 1.3 are described below.
Subtask 1.1: Review and Subsurface Exploration Program
Geosyntec will begin with reviewing existing subsurface data in the Project vicinity to provide
background understanding of the site and geologic conditions in the site vicinity. We will prepare for
subsurface exploration efforts under this subtask. This includes internal project team coordination
and preparation of a site -specific health and safety plan. It also includes an initial site visit to assess
existing conditions and mark potential exploration locations based on an understanding of the Project
goals and access. Geosyntec will coordinate one -call public utility locates at least 3 business days in
advance of the explorations and coordinate with a private utility locator to clear the proposed
exploration areas prior to drilling.
Page 1
Docusign Envelope ID: AEC4094E-6F08-4696-85F1-F1719A73006B
Skillings, Inc.
October 9, 2025 Proposal No. NCP2025-382
Geosyntec will conduct subsurface explorations through a one -day drilling program. The purpose of
the drilling program is to develop an understanding of geologic and groundwater conditions in the
Project vicinity. The drilling program will consist of two soil borings using a truck -mounted drilling
rig, operated by a subcontractor. The soil borings will be advanced using hollow stem auger methods
under the supervision of a Geosyntec field representative. The borings will be completed to a depth
of approximately 55 feet below embankment fill surface approximately 25 feet below the creek bed
elevation.
Soil samples will be collected at 2.5- to 5 -foot intervals using Standard Penetration Test (SPT)
methods. Soil cuttings will be drummed and removed from the Site. The borings will be backfilled
with bentonite chips in accordance with Ecology requirements.
After the drilling program, Geosyntec will return to the site to conduct up to four shallow subsurface
explorations with hand tools ("hand auger explorations") at the toe of the bank slopes and channel.
The explorations will be completed to 5 feet bgs or to practical refusal, whichever occurs first.
Relative density of the on -Site soils will be detennined using a hand-held steel probe ("T -probe").
The hand auger explorations will be backfilled with excavated soils.
Client Responsibility
• The City will waive permit requirements and fees to complete subsurface explorations in the
right-of-way (ROW). We will provide the City with advance notice of the proposed field
schedule.
Assumptions
• Geosyntec will participate in up to two planning meetings (up to 1 hour of project manager time
per meeting) to coordinate the exploration phase.
• The explorations will be performed within the asphalt -paved roadway along the culvert
alignment, and on the City ROW. The City will not charge or will waive the permitting fee for
ROW access approval for the explorations. Traffic control will be required, and traffic control
subcontractors will be managed by Geosyntec.
Deliverables
• Drilling program (2 -day program) for up to two borings
• Up to four shallow subsurface explorations with hand tools
• Traffic Control Plan
Subtask 1.2: Geotechnical LaboratoryTesting
Geosyntec will subcontract a geotechnical testing laboratory to perform testing on selected soil
samples retrieved from the explorations. Laboratory tests may include natural moisture content,
particle size analysis, and Atterberg limit tests.
Assumptions
• Geosyntec will manage their work and that of their subcontractors. Subcontractor costs include
the laboratory testing.
Deliverables
• Laboratory testing for soil samples
Page 2
Docusign Envelope ID: AEC4094E-6F08-4696-85F1-F1719A73006B
Skillings, Inc.
October 9, 2025 Proposal No. NCP2025-382
Subtask 1.3: Geotechnical Support for Design and Reporting
Using the results of the reconnaissance, exploration program, and laboratory testing, Geosyntec will
perform geotechnical analysis to inform design of the Project elements and produce a draft
geotechnical engineering report (GER) to document findings, results, conclusions, and
recommendations in support of the preferred alternative project design. The draft GER will include
the following:
• Characterization of Site geology, surficial channel morphology and subsurface conditions across
the Site:
■ Logs of explorations and site and exploration map showing locations of the explorations;
• Laboratory testing results;
• Discussion of geologic hazards;
■ Discussion of suitable culvert foundation types, and other pertinent design elements; and
■ Geotechnical recommendations for construction of the proposed improvements
(earthwork recommendations, groundwater control, subgrade preparation,
recommendations for structural fill, etc.).
■ Code based seismic design recommendations following current WSDOT and AASTO
guidance for the Safety Evaluation Earthquake (SEE) and Functional Evaluation
Earthquake (FEE) design scenarios.
As the project progresses, Geosyntec will update their recommendations to tailor design
recommendations to the final design. Geosyntec will produce a final GER that will supersede the
draft GER and include more detailed design recommendations.
Geotechnical support under this subtask will include input and review of the project's preferred
alternative plan sets, as well as input and review of the project specification and special provisions
package.
Assumptions
• The guiding design document will be the WSDOT Bridge Design Manual.
■ The WSDOT Bridge Design Manual does not require seismic design for retaining walls
with exposed heights less than 10 feet. The average exposed wall height (including
additional height from potential scour exposure) will be less than 10 feet, thus we do not
anticipate seismic design will be a design consideration for the culvert wingwalls.
Geosyntec will participate in up to six design development meetings over the course of the
Project (up to 1 hour of project manager time and up to 1 hour support staff time per meeting).
Deliverables
• Draft GER in support of preferred alternative design
• Final GER in support of final design
■ The final GER will incorporate review comments on the draft GER provided by Skillings
and the City and will include long-term groundwater monitoring data.
Page 3
Docusign Envelope ID: AEC4094E-6F08-4696-85F1-F1719A73006B
Skillings, Inc.
October 9, 2025
Proposal No. NCP2025-382
Task 2: Project Management and Coordination
We estimate 33 hours for project coordination to include up to a 1 -hour team meeting to support the
project.
Schedule, Budget, and ContractTerms
We can begin this scope of work within approximately 2 weeks of receiving authorization to
proceed.
We propose to complete this scope of work on a time and materials basis for $64,296. We understand
Skillings will provide contract documents going forward.
Project Budget Summary
Task Title
Labor
Direct
Costs
Subs
Total
Task 1: Geotechnical Evaluation
Subtask 1.1: Subsurface Exploration Program
$17,794
$300
$15,100
$33,194
Subtask 1.2: Geotechnical Laboratory Testing
$2,340
$2,000
$4,340
Subtask 1.3: Geotechnical Support for Design
$20,012
$20,012
Task 2: Project Management
$6,750
$6,750
Total Project Budget
$46,896
$300
$17,100
$64,296
We will notify you and obtain your authorization if additional effort above and beyond the estimated
scope of this work is required. This cost proposal is valid for 90 days unless extended in writing by
Geosyntec.
Page 4
Docusign Envelope ID: AEC4094E-6F08-4696-85F1-F1719A73006B
Skillings, Inc.
October 9, 2025
Sincerely,
GeOSyntec Consultants, Inc.
22 T�
Elson T. "Chip" Barnett, LEG
Principal Engineering Geologist
Chip.Barnett@geosyntec.com
Erik O. Andersen, PE
Senior Principal Geotechnical Engineer
Erik.Andersen@geosyntec.com
Attachments: Schedule of Charges
Proposal No. NCP2025-382
M:\City of Port Orchard\Ruby Creek Fish Passage\Contracts\Proposal Material\Revised Oct- no Geomorph\SOW_rev_20251009_NCP2025-
382_Skillings_RubyCreek.docx
Page 5
Docusign Envelope ID: AEC4094E-6F08-4696-85F1-F1719A73006B
Geosyntec r
consultants C ONFIDENTIAl.
GEOSYNTEC CONSULTANTS - NW OPERATIONS
2025 U.S. RATE SCHEDULE
Rate/Hour
Staff Professional
$157
Senior Staff Professional
$180
Professional
$208
Project Professional
$240
Senior Professional
$275
Principal
$305
Senior Principal
$330
Technician I
$ 93
Technician 1I
$104
Senior Technician I
$112
Senior Technician it
$120
Site Manager I
$137
Site Manager 11
$149
Construction Manager 1
$157
Construction Manager!!
$170
Senior Designer
$210
Designer
$175
Senior Drafter/Senior CADD Operator
$165
Drafter/CADD Operator/Artist
$145
Senior Technical Editor
$170
Technical Editor
$150
Project Analyst
$125
Project Administrator
$103
Clerical
$ 80
Direct Expenses Cost plus 15%
Subcontract Services Cost plus 15%
Specialized Computer Applications (per hour) $ 15
Personal Automobile (per mile) Current Gov't Rate
Photocopies (per page) $ .09
Rates are provided on a confidential basis and are client and project specific.
Unless otherwise agreed, rates will be adjusted annually based on a minimum of the Producer Price Index
for Engineering Services.
Rates for field equipment, health and safety equipment, and graphical supplies presented upon request.
Construction management fee presented upon request.
US 2O?5 Nortlmcsl l3-('
Docusign Envelope ID: AEC4094E-6F08-4696-85F1-F1719A73006B
Exhibit A
Scope of Work
Ruby Creek Culvert Replacement
OBJECTIVE
The objective of this Agreement is to provide structural engineering professional services necessary for the
preparation of an alternatives analysis for the replacement, 30%, 60%, 90%, and final design of the
replacement structure for the corrugated metal squash culvert that currently passes Ruby Creek below
Sydney Road in Port Orchard, Washington.
SERVICES
Sargent Engineers, Inc. (Sargent) will work in coordination with Skillings (Prime Consultant) and its sub -
consultants, along with the City of Port Orchard (the City) to prepare the structural elements required to
develop up to three feasible options for inclusion in an alternatives analysis. After a preferred alternative is
selected by the City, Sargent will develop structural 30% design layout, estimate, and schedule.
Sargent will then provide supplemental support to the Prime Consultant during the 60%, 90%, and PS&E
phases of the project.
In order to accomplish this, Sargent will rely on the work completed by the Prime Consultant and its sub -
consultants, with disciplines as listed below:
1. Geotechnical Engineering
2. Environmental Planning
3. Hydraulic and Hydrologic Engineering
4. RoadwaylCivil Design
5. Surveying
Sargent will coordinate with the Prime Consultant and assist as necessary to ensure the structural
components of the design takes all relevant factors into account.
In order to complete the structural components of the design, Sargent Engineers will perform the following
tasks:
1. Structural Support/Design
Sargent Engineers, will perform the following tasks to support the Prime Consultant in the project:
A. Project Coordination
Sargent Engineers will maintain an open line of communication with the Prime Consultant
throughout the project to ensure that project needs are being met and to discuss key decisions as
the project develops.
Exhibit A Scope of Work Page 1 of 5
Docusign Envelope ID: AEC4094E-6F08-4696-85F1-F1719A73006B
Sargent Engineers will provide monthly invoicing of all structural project work, along with brief
progress descriptions.
Sargent Engineers will participate in up to eight video conference meetings to discuss, review, and
share information throughout the alternatives analysis and the 30% design phase.
Assumptions:
• All meetings will be virtual and none will be in -person
• Sargent principal and/or staff engineer will participate in meetings.
Deliverables:
• Key information exchanged during meetings will be incorporated into the structural
components of the alternatives analysis.
• Monthly invoices and progress reports.
B. Site Reconnaissance and Data Collection
Sargent Engineers staff will visit the site to collect information regarding existing/adjacent
structures and other site features that may impact the project. The survey provided by the Prime
Consultant's survey sub -consultant will be imported and used as a base map for the project, and
any available traffic count data and detour routes will be examined.
Assumptions:
• The City will obtain any needed rights of entry to allow Sargent to access lands both upstream
and downstream from the crossing.
Deliverables:
• None.
C. Alternatives Analysis — Structural Components
Based on the site topography, hydraulic analysis, geotechnical analysis, civil/roadway design data,
and environmental constraints identified by the Prime Consultant and its sub -consultants, Sargent
Engineers will develop up to 3 structural concepts to fit site conditions for the replacement
structure.
The concepts will be developed with respect to structure configuration, traffic impacts, construction
cost and duration, and durability. The WSDOT "Bridge Design Manual" and AASHTO "LRFD
Bridge Design Specification" will be used as the basis of the crossing structure design
requirements.
Initial discussions indicate the three options will likely consist of a precast concrete 3 -sided box
culvert, a precast concrete arch culvert, or a corrugated metal arch culvert. Foundations will be
either precast concrete, cast -in -place concrete, or a combination of both. Depending on
geotechnical considerations provided by the geotechnical sub -consultant, the foundations may
require deep foundations.
Sargent will prepare conceptual figures of the crossing structure concepts to facilitate alternatives
development. These conceptual figures are expected to consist of a single plan and elevation
Exhibit A Scope of Work Page 2 of 5
Docusign Envelope ID: AEC4094E-6F08-4696-85F1-F1719A73006B
sheet for each for each alternative. Sargent will coordinate with the Prime consultant and
subconsultants to provide guidance on potential staging plans.
Sargent will prepare a rough order -of -magnitude construction cost estimate and approximate
construction duration schedule for each alternative.
Assumptions:
• Topographic survey, roadway design data, stream design data, and geotechnical design data
will be provided to Sargent to provide the basis for sizing the alternative structures.
• Road design and drawings will be completed by the Prime Consultant or civil sub -consultant.
• Stream design and drawings will be completed by the Prime Consultant or the hydraulic and
hydrologic sub -consultant.
• Sargent will prepare up to 3 bridge structure crossing options.
Deliverables:
• Conceptual figure of each alternative (a single plan and profile sheet) in PDF.
o CAD files can be provided after an electronic media release form is signed.
• Rough order -of magnitude construction cost estimate for each alternative in PDF.
• Approximate construction duration schedule for each alternative in PDF.
D. Type, Size, and Location Report — Structural Components
The alternatives will be included in a Type, Size, and Location (TS&L) Report that identifies the
pros/cons and estimate of construction costs for each alternative. The master TS&L Report will be
prepared by the Prime Consultant. Sargent will contribute, in coordination with the Prime
Consultant, the structural components of the TS&L report. These components will include the
discussion related to the following items:
• Cost estimates.
• Geometric constraints.
• Project staging and stage construction requirements.
• Foundations.
• Feasibility of construction.
• Structural constraints
• Maintenance.
Deliverables developed during the alternatives analysis will be formatted for incorporation into the
TS&L report and included as appropriate.
Sargent will review the master TS&L Report as prepared by the Prime Consultant and provide
comments and recommended revisions to ensure consistency between the master document and
the structural components of the report.
Assumptions:
• The Prime Consultant will prepare the master TS&L Report, with Sargent providing the
structural components for insertion into the master document.
• The TS&L Study Report will follow the guidelines as documented in Section 2.1.5.B of the
current edition of the WSDOT Bridge Design Manual.
Exhibit A Scope of Work Page 3 of 5
Docusign Envelope ID: AEC4094E-6F08-4696-85F1-F1719A73006B
Deliverables:
• Structural discussion related to the items listed above for insertion into the TS&L report by the
Prime Consultant.
• Comments and recommended revisions to the master TS&L report to maintain consistency
with the structural components.
E. 30% Design — Structural Components
Upon selection by the City, the preferred alternative will be developed into 30% plans for the
crossing structure. This will include the following tasks:
• Refine the layout of the crossing structure.
• Prepare the 30% structural plans, expected to be a structure layout sheet (plan and elevation
sheet).
• Prepare 30% quantities and construction cost estimates for the structural items.
Assumptions:
• Road and Stream components will not be prepared by Sargent.
Deliverables:
• Draft and final 30% structure plans in PDF.
• 30% structural quantities and costs in Excel format.
F. 60%, 90% and PS&E Design — Structural Components
Sargent will provide assistance in advancing the 30% design to the 60% design, 90% design, and
Final PS&E design level. Work performed by Sargent will consist of finalizing the structural
components of the project for incorporation into a biddable package. This portion of the work will
include the following tasks:
• Finalize the culvert and wingwall layout.
• Design foundation for the culvert.
• Prepare 60%, 90%, and final plans for the culvert structure. Each successive submittal will
provide greater detail and incorporate comments from the previous submittal. Plan sheets are
expected to include a culvert layout, culvert headwall and wingwall layout, and culvert details.
• Prepare 60%, 90% and final construction quantities and cost estimates for the culvert structure
using WSDOT Standard Bid Items to the extent possible.
• Prepare technical specifications for the culvert structure using WSDOT General Special
Provisions to the extent possible.
• Update construction schedule at the 60%, 90%, and Final PS&E design phases.
Assumptions:
• Only minor changes to the roadway and stream designs will be made between 30% and Final
Design. Stream re -alignment, channel width changes, structure length revisions (along the
stream) are considered major changes and will require additional scope.
• Structural design of the culvert and wingwalls will be completed by the culvert Manufacturer on
behalf of the Contractor.
Exhibit A Scope of Work Page 4 of 5
Docusign Envelope ID: AEC4094E-6F08-4696-85F1-F1719A73006B
Deliverables:
• AutoCAD backgrounds of the structure layout for use in the civil drawings of the Prime
Consultant's plan set.
• Structural design calculations for the culvert foundation per the requirements of the AASHTO
LRFD Bridge Design Specifications, stamped by a WA Professional Engineer in PDF.
• 60%, 90%, and final structure plans in PDF.
• 60%, 90%, and final structural quantities and cost estimate in Excel Format.
• 60%, 90%, and final structural specifications in Word format.
• Final quantity calculations stamped by a WA Professional Engineer in PDF.
• Construction schedule for structure components at 60%, 90%, and Final PS&E in PDF format.
Exhibit A Scope of Work Page 5 of 5
Docusign Envelope ID: AEC4094E-6F08-4696-85F1-F1719A73006B
Exhibit E
Consultant Fee Determination
Project: Ruby Creek Culvert Replacement
Salary Cost
Task
Principal
Senior
Project
Engineer
Project
Engineer
Design
Engineer
Task Cost
Rate:
$254.05
$199.96
$147.51
$122.93
A. Project Coordination
52
$13,211
B. Site Reconnaissance and Data Collection
8
0
14
0
$4,098
C. Alternatives Analysis - Struct. Components
19
0
90
0
$18,103
D. TS&L - Struct. Components
12
0
28
0
$7,179
E. 30% Design
6
0
20
0
$4,475
F. 60%, 90%, and Final Design
20
0
161
0
$28,830
Total Hours
117
0
313
0
Total Salary Costs
$75,894
Reimbursables
Mileage
125
miles @
$0.70
$88
Grand Total
$75,982
Prepared By: Scott Olson
Date: 9/26/2025
Docusign Envelope ID: AEC4094E-6F08-4696-85F1-F1719A73006B
.ra
II
92 Lenora St, PMB 125 O
Seattle, WA 98121
COMMONSTREET (206)920-4017 O
CONSULTING
info@csrow.com
www.csrow.com
September 3, 2025
Skillings
Attn: Patrick Skillings
5016 Lacey Blvd SE
Lacey, WA 98503
Re: Scope Proposal — City of Port Orchard: Ruby Creek Fish Barrier Project
Thank you for the opportunity to provide right of way services for this important fish passage project for the
City of Port Orchard. It is our understanding that Commonstreet is providing turn -key right of way services for
the Ruby Creek Fish Barrier Project. This work will include early design/pre-acquisition support services, title
review, valuations of partial acquisitions, property owner negotiations, acquisition documentation, closing,
recording, and file close out support. The scope proposal provided herein is for a project with Brian Abbott Fish
Barrier Removal Board (BAFBRB) funding.
Scope Summary and Project Understanding
Following fish passage improvement upstream by the Stetson Heights development and downstream by the
State at SR16, the City was successful in obtaining DOE grant funding for fish passage under Sidney Road at
Ruby Creek. A fish passage open box culvert or bridge is proposed. The proposal provided herein is based
upon an assumption of potential ROW impacts assuming up to four (4) temporary easements (TE) and four (4)
permanent easements (PE). It is understood that any change in scope will require an amendment in scope. All
right of way activities will comply with the Uniform Relocation Assistance and Real Property Acquisition Policies
Act (URA), as well as Washington Department of Fish and Wildlife (WDFW) and Washington State Recreation &
Conservation Office (RCO) acquisition procedures.
Assumptions
• The ROW and Construction phases of the project do not have federal funding and no WSDOT ROW
Certification will be required.
• The project has funding from the Brian Abbott Fish Barrier Removal Board (administered jointly by
WDFW and RCO).
• The City will provide a ROW Plan showing proposed acquisition areas and size.
• The City requires no more than four (4) partial acquisitions consisting of up to four (4) TEs and four (4)
PEs.
• If it is determined the City requires fee acquisitions on any of the parcels, this will require additional
scope and fee.
• There are no full acquisitions.
■ No design changes will occur after the initial valuation assignment is authorized.
Docusign Envelope ID: AEC4094E-6F08-4696-85F1-F1719A73006B
0
COMMONSTREET
C O N G U LT I N G
Page 2
• Legal descriptions suitable for recording and meeting all WSDOT requirements will be provided to
Commonstreet from a licensed survey company.
• No occupants or personal property will be displaced requiring relocation services and no relocation
services will be required.
• The City will provide ROW document templates or Commonstreet will utilize WSDOT Local Public
Agency templates and provide to the City for review and approval.
• No more than four (4) Waiver Valuations will be required.
• If impacts make waiver valuations ineligible, an appraisal and appraisal review will be completed.
Appraisal and appraisal reviews will require additional scope and fee.
• Commonstreet to use the title reports previously obtained during preliminary work for the City.
• The City will pay directly to the title company all expenses for updated title commitments (if any),
recording fees, escrow services, and title insurance.
Best regards,
Joel Schleppi
Project Manager
Western/Central Washington
Scope of Services
Task 1.0 — ROW Project Management and Administration
• Prepare for and attend early design development meetings as requested by the City or the project team;
• Provide pre -acquisition services as requested by the City or project team to support early design
development;
• Respond to inquiries and needs identified by your team, the City and/or Project Stakeholders;
• Oversight of preliminary ROW activities to comply with WDFW and RCO requirements;
• Provide written and oral status updates on right of way activities;
• Provide oversight to all aspects of the right of way program;
• Commonstreet will manage ROW Team sub -consultants to prepare the Waiver Valuations or prepare
the Waiver Valuations in-house;
• Review City's approved Right of Way Procedures;
• Develop and execute the Right of Way program in compliance with state law, Uniform Act, WDFW, RCO,
and WSDOT requirements;
• Provide oversight of ROW activities to comply with BAFBRB (Brian Abbott Fish Barrier Removal Board)
requirements;
■ Maintain quality control/quality assurance protocols in the execution of the right of way tasks;
• Coordinate title reviews.
SCOPE AND FEE PROPOSAL I Ruby Creek Fish Barrier
Docusign Envelope ID: AEC4094E-6F08-4696-85F1-F1719A73006B
Page 3
COMMONSTREET
CONS ULi I N G
Task 2.0 — Acquisition Services
• Create WDFW and RCO-compliant project files for each parcel;
• Request the City order new and/or updates to existing title commitments;
• Produce templates approved by City to draft offer packages;
Prepare offer packages;
* Edit documents during negotiations to memorialize agreements reached by the City;
Review of all valuation and compensation data;
• QA/QC of all documents, tasks, and processes before, during, and after acquisition process;
Prepare, deliver, and present offer packages;
Negotiate settlements and draft justification memos when necessary;
If amicable settlements not approved by City, prepare and submit a condemnation package;
• Coordinate the development of DV/Just Compensation approved by the City.
Task 3.0 — Project and File Close Out
• Collaborate with City during closing, payment, and recording processes;
• Set up client escrow account or facilitate execution of all conveyance documents, payment vouchers,
proof of payment, and closing data along with recorded conveyance documents and closing of files;
• Address any items brought forth by WDFW and/or RCO;
• Prepare parcel files (electronic and/or hard copy) in a format requested by the City and provide to City
for retention.
SCOPE AND FEE PROPOSAL I Ruby Creek Fish Barrier
Docusign Envelope ID: AEC4094E-6F08-4696-85F1-F1719A73006B
Scope and Fee Table Summary
City of PortOrchard Ruby Creek Fish Barrier Project
9/26/25
The overhead rate shall increase to the revised
state overhead rate, effective upon approval of the revised overhead rate by the state in which
Indirect Cost Rate
121.85%
the project is located.
Fixed Fee
15.00%o
Tasks
!Job Classifications
Direct Labor
Overhead
Fixed Fee
Qty. I
Total
!Principal
$125.00
$152.31
$41.60
4
$1,275.64
1.0
Project Management and
Project Manager
$87.00
$106.01
$28.95
6
$1,331.77
Administration
!Sr. ProjectControt Specialist
$68.00
$82.86
$22.63
10 [
$1,734.87
Pro ject Manager
$87.00
$106.01 i
$28.95
8
$1,775.69
iSr. Right of Way Agent
$81.00
$98.70 E
$26.95
96
$19,838.71
2.0
Acquisition Services
:Right ofWayAgent
$50.00
$60.93
$16.64
96
$12,246.12
Sr. ROW Technician
$68.00
$82.86
$22.63
6
$1,040.92
Sr. Project Control Specialist
$68.00
$82.86
$22.63
12
$2,081.84
Project Manager
;87.00
$706.01 i
$28.95
2
$443.92
:Sr.RightofWayAgent
$81.00
$98.70
$26.95
2
$413.31
3.0
Project and File Close-out
;Right ofWayAgent
$50.00
$60.93
$16.64
3
$382.69
:Sr. Project Control Specialist i
$68.00
$82.86
$22.63
8
$1,387.89
Labor Hours Total
253
$43,953.37
Expenses
Type
Rate
Qty.
Total
I Waiver Valuations
$1,600.00
4:
$6,400.00
Reproduction, Postage, and Delivery
$175.00
1 E
$175.00
Other Direct Costs (ODC's)
iFerry Fare Reimbursement
$250.00
1
$250.00
Mileage at currentfederal rate
0.70
300:
$210.00
Expense Total
:
$7,035.00
Contract Total
$50,988.37