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Home My WebLink About098-25 - KPFF Consulting Engineers - ContractDocusign Envelope ID: 89736039-A4C7-4F8B-A7A8-8290AAE43C9B Port Orchard Contract #: 098-25 Authorized Amount: $312, 000.00 Date Start: 10/14/2025 Date End: 10/15/2026 CONSULTANT SERVICES AGREEMENT Frederick Avenue Reconstruction 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 KPFF Consulting Engineers, ("Consultant") organized under the laws of the State of Washington, located and doing business at 1601 5th Ave Ste 1600 Seattle, WA 98101 (hereinafter the "Consultant"). 0:141111 LiL.l WHEREAS, the City desires to have certain services performed for its residents; and WHEREAS, the City has selected the Consultant to perform such services pursuant to certain terms and conditions; and WHEREAS, the City complied with the requirements for hiring Consultant contained in Chapter 39.80 RCW; NOW, THEREFORE, in consideration of the mutual benefits and conditions set forth below, the parties agree as follows: AGREEMENT: 1. Scope of Services to be Performed by Consultant. The Consultant shall perform those services described on Exhibit "A," which is attached hereto and incorporated herein by this reference as if set forth in full. In performing such services, the Consultant shall at all times comply with all federal, state, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Consultant shall perform the services diligently and completely and in accordance with professional standards of conduct and performance. The Consultant shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. If the services provided hereunder are funded in whole or in part under a Grant Funding Agreement, then Consultant will comply with the terms of such Grant Funding Agreement to ensure that the City is able to obtain the maximum funding under such Grant Funding Agreement. If this applies, the City will provide the Consultant with a copy of the Grant Funding Agreement. City of Port Orchard and KPFF Consulting Engineers Public Works Project: Frederick Avenue Reconstruction Updated 4/2022 IBDR Page 1 of 17 Docusign Envelope ID: 89736039-A4C7-4F8B-A7A8-8290AAE43C9B 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 $312,000.00 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 ❑ OTHER 3. Payment. A. The Consultant shall maintain time and expense records and provide them to the City monthly after services have been performed, along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. B. All invoices shall be paid by City warrant within thirty (30) days of receipt of a proper invoice. If the City objects to all or any portion of any invoice, it shall so notify the Consultant of the same within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in dispute, and the Parties shall immediately make every effort to settle the disputed portion. C. The Consultant shall keep cost records and accounts pertaining to this Agreement available for inspection by City representatives for three (3) years after final payment unless a longer period is required by a third -party agreement. Copies shall be made available on request. D. On the effective date of this Agreement (or shortly thereafter), the Consultant shall comply with all federal and state laws applicable to independent contractors, including, but not limited to, the maintenance of a separate set of books and records that reflect all items of income and expenses of the Consultant's business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by law, to show that the services performed by the Consultant under this Agreement shall not give rise to an employer -employee relationship between the parties, which is subject to Title 51 RCW, Industrial Insurance. E. If the services rendered do not meet the requirements of the Agreement, the Consultant will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. The City shall pay the Consultant for City of Port Orchard and KPFF Consulting Engineers Public Works Project: Frederick Avenue Reconstruction Updated 4/2022 IBDR Page 2 of 17 Docusign Envelope ID: 89736039-A4C7-4F8B-A7A8-8290AAE43C9B services rendered within ten (10) days after City Council voucher approval. However, if the City objects to all or any portion of an invoice, it shall notify Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the Parties will immediately make every effort to settle the disputed portion. F. The City reserves the right to direct the Consultant's compensated services before reaching the maximum amount. 4. Duration of Agreement. A. This Agreement shall be in full force and effect for a period commencing on 10/14/2025 and ending 10/15/2026 unless sooner terminated under the provisions of this Agreement. The City reserves the right to offer two (2) one-year extensions prior to expiration of the Agreement to retain the Consultant's services. B. Time is of the essence of this Agreement in each and all of its provisions in which performance is required. If delays beyond the Consultant's reasonable control occur, the Parties will negotiate in good faith to determine whether an extension is appropriate. C. The Consultant shall obtain a City of Port Orchard business license prior to commencing work pursuant to a written Notice to Proceed. D. The Consultant is authorized to proceed with services upon receipt of a written Notice to Proceed. 5. Standard of Care. The Consultant represents and warrants that it has the requisite training, skill, and experience necessary to provide the services under this Agreement and is appropriately accredited and licensed by all applicable agencies and governmental entities. Services provided by the Consultant under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing in similar circumstances. 6. Ownership and Use of Documents. A. Ownership. Any records, files, documents, drawings, specifications, data, or information, regardless of form or format, and all other materials produced by the Consultant in connection with the services provided to the City, shall be the property of the City whether the project for which they were created is executed or not. 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 City of Port Orchard and KPFF Consulting Engineers Public Works Project: Frederick Avenue Reconstruction Updated 4/2022 IBDR Page 3 of 17 Docusign Envelope ID: 89736039-A4C7-4F8B-A7A8-8290AAE43C9B with the Act. The City may be required, upon request, to disclose the Agreement, and the documents and records submitted to the City by Consultant, unless an exemption under the Public Records Act applies. If the City receives a public records request and asks Consultant to search its files for responsive records, Consultant agrees to make a prompt and thorough search through its files for responsive records and to promptly turn over any responsive records to the City's public records officer at no cost to the City. 7. Relationship of the Parties; Independent Consultant. The Parties intend that an independent contractor -client relationship will be created by this Agreement. As the Consultant is customarily engaged in an independently established trade which encompasses the specific service provided to the City hereunder, no agent, employee, representative or sub -consultant of the Consultant shall be or shall be deemed to be the employee, agent, representative or sub -consultant of the City. In the performance of the work, the Consultant is an independent contractor with the ability to control and direct the performance and details of the work, the City being interested only in the results obtained under this Agreement. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub - consultants of the Consultant. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, representatives, and sub -consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work that the Consultant performs hereunder. 8. Indemnification. Consultant shall defend, indemnify, and hold the City, its officers, officials, employees, agents, and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorneys' fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THIS WAIVER HAS BEEN MUTUALLY NEGOTIATED BY THE PARTIES. The provisions of this section shall survive the expiration or termination of this Agreement. City of Port Orchard and KPFF Consulting Engineers Public Works Project: Frederick Avenue Reconstruction Updated 4/2022 IBDR Page 4 of 17 Docusign Envelope ID: 89736039-A4C7-4F8B-A7A8-8290AAE43C9B 9. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. A. Minimum Scope of Insurance. Consultant shall obtain insurance of the types described below: i. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. ii. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent Consultants and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. iii. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. iv. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits: i. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. ii. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. iii. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provision. The Consultant's Automobile Liability, Commercial General Liability, and Professional Liability insurance policies are to contain, or be endorsed to contain, that they shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. City of Port Orchard and KPFF Consulting Engineers Public Works Project: Frederick Avenue Reconstruction Updated 4/20221BDR Page5 of 17 Docusign Envelope ID: 89736039-A4C7-4F8B-A7A8-8290AAE43C9B D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A -VII. E. Verification of Coverage. The Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. G. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days' notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. H. No Limitation. Consultant's maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. 10. Record Keeping and Reporting. A. The Consultant shall maintain accounts and records, including personnel, property, financial, and programmatic records, which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed pursuant to this Agreement. The Consultant shall also maintain such other records as may be deemed necessary by the City to ensure proper accounting of all funds contributed by the City to the performance of this Agreement. B. The foregoing records shall be maintained for a period of seven (7) years after termination of this Agreement unless permission to destroy them is granted by the Office of the Archivist in accordance with Chapter 40.14 RCW and by the City. 11. City's Right of Inspection and Audit. A. Even though the Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure the satisfactory completion thereof. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or become applicable within the terms of this Agreement to the Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. City of Port Orchard and KPFF Consulting Engineers Public Works Project: Frederick Avenue Reconstruction Updated 4/2022 IBDR Page 6 of 17 Docusign Envelope ID: 89736039-A4C7-4F8B-A7A8-8290AAE43C9B B. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by the City during the performance of this Agreement. All work products, data, studies, worksheets, models, reports, and other materials in support of the performance of the service, work products, or outcomes fulfilling the contractual obligations are the products of the City. 12. Work Performed at the Consultant's Risk. The Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub -consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held by the Consultant for use in connection with the work. 13. Termination. A. Termination without cause. This Agreement may be terminated by the City at any time for public convenience, for the Consultant's insolvency or bankruptcy, or the Consultant's assignment for the benefit of creditors. B. Termination with cause. This Agreement may be terminated upon the default of the Consultant and the failure of the Consultant to cure such default within a reasonable time after receiving written notice of the default. C. Rights Upon Termination. i. With or Without Cause. Upon termination for any reason, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to the City, and the Consultant shall be entitled to just and equitable compensation for any satisfactory work completed prior to the date of termination, not to exceed the total compensation set forth herein. The Consultant shall not be entitled to any reallocation of cost, profit or overhead. The Consultant shall not in any event be entitled to anticipated profit on work not performed because of such termination. The Consultant shall use its best efforts to minimize the compensation payable under this Agreement in the event of such termination. Upon termination, the City may take over the work and prosecute the same to completion, by contract or otherwise. ii. Default. If the Agreement is terminated for default, the Consultant shall not be entitled to receive any further payments under the Agreement until all work called for has been fully performed. Any extra cost or damage to the City resulting from such default(s) shall be deducted from any money due or coming due to the Consultant. The Consultant shall bear any extra expenses incurred by the City in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained, by the City by reason of such default. City of Port Orchard and KPFF Consulting Engineers Public Works Project: Frederick Avenue Reconstruction Updated 4/2022 IBDR Page 7 of 17 Docusign Envelope ID: 89736039-A4C7-4F8B-A7A8-8290AAE43C9B D. Suspension. The City may suspend this Agreement, at its sole discretion. Any reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's reasonable expenses, and shall be subject to verification. The Consultant shall resume performance of services under this Agreement without delay when the suspension period ends. E. Notice of Termination or Suspension. If delivered to the Consultant in person, termination shall be effective immediately upon the Consultant's receipt of the City's written notice or such date as stated in the City's notice of termination, whichever is later. Notice of suspension shall be given to the Consultant in writing upon one week's advance notice to the Consultant. Such notice shall indicate the anticipated period of suspension. Notice may also be delivered to the Consultant at the address set forth in the "Notices" Section herein. F. Nothing in this Subsection shall prevent the City from seeking any legal remedies it may otherwise have for the violation or nonperformance of any provisions of this Agreement. 14. Discrimination Prohibited. A. The Consultant agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification. B. Violation of this Section shall be a material breach of this Agreement and grounds for cancellation, termination, or suspension of the Agreement by the City, in whole or in part, and may result in ineligibility for further work for the City. 15. Force Majeure. Notwithstanding anything to the contrary in this Agreement, any prevention, delay or stoppage due to strikes, lockouts, labor disputes, acts of God, acts of war, terrorist acts, inability to obtain services, labor, or materials or reasonable substitutes therefor, governmental actions, governmental laws, regulations or restrictions, civil commotions, casualty, actual or threatened public health emergency (including, without limitation, epidemic, pandemic, famine, disease, plague, quarantine, and other significant public health risk), governmental edicts, actions, declarations or quarantines by a governmental entity or health organization, breaches in cybersecurity, and other causes beyond the reasonable control of the Party obligated to perform, regardless of whether such other causes are (i) foreseeable or unforeseeable or (ii) related to the specifically enumerated events in this paragraph (collectively, a "Force Majeure"), shall excuse the performance of such Party for a period equal to any such prevention, delay or stoppage. To the extent this Agreement specifies a time period for performance of an obligation of either Party, that time period shall be extended by the period of any delay in such Party's performance caused by a Force Majeure. Provided however, that the current COVID-19 pandemic shall not be considered a Force Majeure unless constraints on a Party's performance that result from the pandemic become substantially more onerous after the effective date of this Agreement. City of Port Orchard and KPFF Consulting Engineers Public Works Project: Frederick Avenue Reconstruction Updated 4/2822 IBDR Page8 of 17 Docusign Envelope ID: 89736039-A4C7-4F8B-A7A8-8290AAE43C9B 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 for services or amounts incurred after the end of the current fiscal period. This Agreement will terminate upon the completion of all remaining services for which funds are allocated. No penalty or expense shall accrue to the City in the event that the terms of the provision are effectuated. 20. Entire Agreement. This Agreement contains the entire agreement between the parties, and no other agreements, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind either of the parties. If there is a conflict between the terms and conditions of this Agreement and the attached exhibits, then the terms and conditions of this Agreement shall prevail over the exhibits. Either party may request changes to the Agreement. Changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. 21. Non -waiver of Breach. The failure of either party to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein contained in one or more instances, shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options, and the same shall be in full force and effect. 22. Modification. City of Port Orchard and KPFF Consulting Engineers Public Works Project: Frederick Avenue Reconstruction Updated 4/2022 IBDR Page 9 of 17 Docusign Envelope ID: 89736039-A4C7-4F8B-A7A8-8290AAE43C9B No waiver, alteration, modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Consultant. 23. Notices. All notices or other communications required or permitted under this Agreement shall be in writing and shall be (a) personally delivered, in which case the notice or communication shall be deemed given on the date of receipt at the office of the addressee; (b) sent by registered or certified mail, postage prepaid, return receipt requested, in which case the notice or communication shall be deemed given three (3) business days after the date of deposit in the United States mail; or (c) sent by overnight delivery using a nationally recognized overnight courier service, in which case the notice or communication shall be deemed given one business day after the date of deposit with such courier. In addition, all notices shall also be emailed, however, email does not substitute for an official notice. Notices shall be sent to the following addresses: Notices to the City of Port Orchard shall be sent to the following address: City Clerk City of Port Orchard 216 Prospect Street Port Orchard, Washington 98366 BwaIlace@cityofportorchard.us Phone: 360.876.4407 Fax: 360.895.9029 Notices to the Consultant shall be sent to the following address: Phone No.: Email: 24. Resolution of Disputes; Governing Law. A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term or provision's true intent or meaning. The Mayor shall also decide all questions which may arise between the parties relative to the actual services provided or to the sufficiency of the performance hereunder. B. If any dispute arises between the City and the Consultant under any of the provisions of this Agreement which cannot be resolved by the Mayor's determination in a reasonable time, or if the Consultant does not agree with the Mayor's decision on a disputed matter, jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington. City of Port Orchard and KPFF Consulting Engineers Public Works Project: Frederick Avenue Reconstruction Updated 4/20221BDR Page 10 of 17 Docusign Envelope ID: 89736039-A4C7-4F8B-A7A8-8290AAE43C9B 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. D. Information and Reports. The Consultant will provide all information and reports required by the Acts, the Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by City of Port Orchard and KPFF Consulting Engineers Public Works Project: Frederick Avenue Reconstruction Updated 4/2022 IBDR Page 11 of 17 Docusign Envelope ID: 89736039-A4C7-4F8B-A7A8-8290AAE43C9B the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish the information, the Consultant will so certify to the City or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance. In the event of the Consultant's noncompliance with the non- discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: i. withholding payments to the Consultant under the Agreement until the contractor complies; and/or ii. cancelling, terminating, or suspending the Agreement, in whole or in part. F. Incorporation of Provisions. The Consultant will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Consultant will take action with respect to any subcontract or procurement as the City or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Consultant becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Consultant may request the City to enter into any litigation to protect the interests of the City. In addition, the Consultant may request the United States to enter into the litigation to protect the interests of the United States. 27. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. 28. Severability. Any provision or part of this Agreement held to be void or unenforceable under any law or regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon the City and the Consultant, who agree that the Agreement shall be reformed to replace such stricken provision or part with a valid and enforceable provision that comes as close as reasonably possible to expressing the intent of the stricken provision. IN WITNESS WHEREOF, the City and the Consultant have executed this Agreement as of the dates listed below. CONSULTANT By: AM Title:Principal CITY OF PORT ORCHARD Signed by: By. Robert Putaansuu, Mayor City of Port Orchard and KPFF Consulting Engineers Public Works Project: Frederick Avenue Reconstruction Updated 4/2022 IBDR Page 12 of 17 Docusign Envelope ID: 89736039-A4C7-4F8B-A7A8-8290AAE43C9B Date: September 26th, 2025 Date: 11/20/2025 ATTEST/AUTHENTICATE Signed by: �vcun 11�1a�, Au- Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM Signed by: 203701 F95520457 Port Orchard City Attorney's Office City of Port Orchard and KPFF Consulting Engineers Public Works Project: Frederick Avenue Reconstruction Updated 4/20221BDR Page 13 of 17 Docusign Envelope ID: 89736039-A4C7-4F8B-A7A8-8290AAE43C9B EXHIBIT A Scope of Services to be Provided by Consultant. The Consultant shall furnish services including, but not limited to, the following outlined here or attached separately. City of Port Orchard and KPFF Consulting Engineers Public Works Project: Frederick Avenue Reconstruction Updated 4/2022 IBDR Page 14 of 17 Docusign Envelope ID: 89736039-A4C7-4F8B-A7A8-8290AAE43C9B EXHIBIT B Rates for Services to be Provided by Consultant. The Consultant shall furnish the services in accordance with the rates specified below or attached hereto, as Exhibit B. City of Port Orchard and KPFF Consulting Engineers Public Works Project: Frederick Avenue Reconstruction Updated 4/2022 IBDR Page 15 of 17 Docusign Envelope ID: 89736039-A4C7-4F8B-A7A8-8290AAE43C9B APPENDIX A During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U .S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 C.F.R. Part 27; • The Age Discrimination Act of 1975, as amended, (42 U .S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub- recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes City of Port Orchard and KPFF Consulting Engineers Public Works Project: Frederick Avenue Reconstruction Updated 4/2022 IBDR Page 16 of 17 Docusign Envelope ID: 89736039-A4C7-4F8B-A7A8-8290AAE43C9B discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to -ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). City of Port Orchard and KPFF Consulting Engineers Public Works Project: Frederick Avenue Reconstruction Updated 4/2022 IBDR Page 17 of 17 Docusign Envelope ID: 89736039-A4C7-4F8B-A7A8-8290AAE43C9B EXHIBIT A CITY OF PORT ORCHARD FREDRICK AVENUE RECONSTRUCTION FINAL DESIGN SCOPE OF WORK Contents ProjectDescription................................................................................................................................... 2 Introduction.......................................................................................................................................... 2 ProjectScope Includes........................................................................................................................ 2 Services provided by the Consultant shall include:....................................................................... 3 Information / Resources Provided by the City............................................................................... 3 GeneralAssumptions .......................................................................................................................... 3 Task 1: Project Management..................................................................................................................4 1.1 Contract Administration................................................................................................. 4 1.2 Project Management Plan............................................................................................... 4 1.3 Subconsultant Management........................................................................................... 4 1.4 Coordination Meetings................................................................................................... 5 Task2: Data Collection........................................................................................................................... 6 2.1 Data Collection................................................................................................................. 6 Task 3: Fredrick Avenue PS&E Design............................................................................................... 6 3.1 Basis of Design.................................................................................................................. 6 3.2 Fredrick Avenue PS&E.................................................................................................... 6 3.3 Quality Management.....................................................................................................10 3.4 Stormwater Report.........................................................................................................10 3.5 Bid Support Services......................................................................................................11 Task4: Environmental Services..........................................................................................................11 4.1 SEPA Documents...........................................................................................................11 4.2 Permitting Support........................................................................................................11 Task 5: Traffic and Illumination.........................................................................................................12 5.1 Illumination PS&E.........................................................................................................12 Task 6: Landscape Architecture...........................................................................................................13 6.1 Landscape Design..........................................................................................................13 6.2 Urban Design..................................................................................................................13 Task 7: Real Estate Services..................................................................................................................14 7.1 Preliminary Right -of -Way Services.............................................................................14 7.2 Acquisition Services.......................................................................................................14 PORT ORCHARD FREDRICK AVENUE RECONSTRUCTION - SCOPE OF WORK KPFF CONSULTING ENGINEERS Docusign Envelope ID: 89736039-A4C7-4F8B-A7A8-8290AAE43C9B Project Description Introduction Improvements are proposed for one block of Fredrick Avenue with full instruction roadway reconstruction proposed north of SR 166 ( Bay Street). The roa y is being raised, reconstructed, stabilized and improved. Street reconstruction includes new roadway pavements, sidewalks, and stormwater systems. The project will also support redevelopment of Port Orchard's downtown area and ROW improvements near the Kitsap Bank future headquarters. Project schedule will target beginning of construction in Q3 of 2026 with a proposed 6 month construction schedule. c„ t,oa„io • NTP October 2025 • SEPA completed January 2026 • Roadway Design completed Q2 2026 • Roadway Reconstruction Summer/Fall of 2026 Key Stakeholders City of Port Orchard, local residents, local businesses, Port of Bremerton, WSDOT, Port Orchard Fire Department, Local Bicycle Community, and Local Tribes. Project Scope Includes 1. Reconstruction and raising of FREDRICK AVENUE. The limits of work are shown on Figure 1 - Project Limits 1w. PUKING PARKING Figure 1 - Project Limits PORT ORCHARD FREDRICK AVENUE RECONSTRUCTION - SCOPE OF WORK KPFF CONSULTING ENGINEERS 2 Docusign Envelope ID: 89736039-A4C7-4F8B-A7A8-8290AAE43C9B The existing sidewalk on the east side of Fredrick will be preserved if possible. The sidewalk on west side of Fredrick will be constructed to a final condition per an executed development agreement with Kitsap Bank and the City of Port Orchard. There will also be grading and drainage coordination with other City projects, including the Orchard Plaza work. There may also be some effort towards trail connections towards the Marina. Services provided by the Consultant shall include: 1. Consultant shall develop PS&E packages and supporting permitting applications 2. The CONSULTANT shall utilize the concept design for FREDRICK AVENUE/ Bay Street already developed as part of the Port Orchard Downtown sub -area plan and the SR 166 Bay Street Reconstruction Project. 3. Development of a 60%, 100%, Final (PS&E) FREDRICK AVENUE and Ad -Ready kage. 4. Bid Support Services Information I Resources Provided by the City 1. Record drawings for roadway, water, sewer, and stormwater. 2. City CADD PS&E standards and survey standards for use by the CONSULTANT, unless authority for plan and survey standards are delegated to the CONSULTANT. 3. Utility agencies and contact person within the project limits. 4. Identification of known critical areas and issues relevant to implementation within the project's limits. 5. Project Manual boilerplate specifications and standard City contracting material for inclusion in bid document preparation. 6. Requirements of any grant funding that need to be met by the project or the future Project itractor. General Assumptions 1. Project is fully locally funded and does not contain any federal or Me funding requirements 2. All work is within City of Port Orchard jurisdictional authority 3. The WSDOT plan for approval produced for the SR 166 Bay Street reconstruction project can be fully utilized on the Fredrick Avenue project and no coordination will be needed with WSDOT on this project PORT ORCHARD FREDRICK AVENUE RECONSTRUCTION - SCOPE OF WORK KPFF CONSULTING ENGINEERS Docusign Envelope ID: 89736039-A4C7-4F8B-A7A8-8290AAE43C9B Task 1: Project Management The CONSULTANT shall provide overall project administration and management for the duration of the project. 1.1 Contract Administration The CONSULTANT shall develop and manage the project scope, schedule, and budget and execute contract administration activities as needed to complete the scope of work. Monthly invoices for work completed to date shall be submitted to the City with cost tracking at the Task Level with an assumed project duration of 12 months. The CONSULANT may re -allocate budget between tasks and sub -consultants at the approval of the City to meet project needs. Deliverable(s): 1. Scope, schedule, and budget updates as warranted (electronic PDF). 2. Monthly progress report summary (electronic PDF). 3. Monthly invoices (electronic PDF). 1.2 Project Management Plan The CONSULTANT shall develop and maintain a simplistic Project Management Plan. The Project management plan shall include: 1. Project Team Org Chart and Contact List 2. Work Breakdown Structure 3. Quality Management Plan 4. Simplistic schedule A Risk Registry, schedule, and design issue log shall be maintained by the CONSULTANT. Deliverable(s): 1. Project Management Plan (living document) (electronic PDF or DOCX). 2. Risk Registry (living document) (electronic PDF or DOCX). 3. Design issue log (living document) electronic PDF or DOCX). 1.3 Subconsultant Management The CONSULTANT shall prepare SUBCONSULTANT contracts and manage SUBCONSULTANTS to ensure accurate and timely implementation of the work plan and the appropriate coordination of work activities, including the review of all SUBCONSULTANTS' work on various project elements. In addition, the CONSULTANT shall conduct reviews of SUBCONSULTANTS' progress and invoices. PORT ORCHARD FREDRICK AVENUE RECONSTRUCTION - SCOPE OF WORK KPFF CONSULTING ENGINEERS Docusign Envelope ID: 89736039-A4C7-4F8B-A7A8-8290AAE43C9B 1.4 Coordination Meetings The CONSULTANT shall schedule, attend, and host project meetings to support the project and facilitate communication. Project Management Meetings The CONSULTANT Project Manager (PM) and the City PM shall have a monthly virtual meeting to discuss project issues, current status, and upcoming work for the duration of the project design phase, with an expected duration of 60 minutes. The CONSULTANT PM shall also attend five two-hour face-to-face meetings with various City staff to support the project between design milestones, with virtual meetings assumed. Design Milestone Meetings CONSULTANT will schedule meetings with the City at project milestones noted below to coordinate the design process. Meetings are assumed virtual and last ninety minutes each. • Kickoff • Review of 60% design • Review of 90% design • Review of bid package (if needed for addendums) The project kickoff meeting shall be attended by the CONSULTANT PM, Consultant Project Coordinator, the Lead Engineer, the Landscape/Urban Design lead. All other milestone meetings will be attended by the CONSULTANT PM, Project Coordinator and Lead Engineer. Third -Party Project Technical Coordination Meetings The CONSULTANT will attend up to four (4) 90 -minute meetings with third parties relevant to the project to coordinate technical issues on the project, such as access issues, permitting coordination and coordination needs not identified elsewhere. Third parties may include transit service providers, port operators, and emergency service providers in the corridor. Assumption(s): 1. Meetings shall be technical in nature and require one CONSULTANT staff member per meeting. 2. The CONSULTANT shall develop exhibits and supporting material for each meeting. 3. City staff shall be invited to all technical coordination meetings. Deliverable(s): PORT ORCHARD FREDRICK AVENUE RECONSTRUCTION - SCOPE OF WORK KPFF CONSULTING ENGINEERS Docusign Envelope ID: 89736039-A4C7-4F8B-A7A8-8290AAE43C9B 1. Meeting presentation/coordination materials. 2. Meeting draft and final notes. Internal team coordination shall occur with budgets from other tasks. Task 2: Data Collection 2.1 Data Collection The CONSULTANT shall collect information from other projects, including survey base files for use by this stand alone project. The team will use survey data collected by other projects and will not collect new survey data for this project. Deliverable(s): 1. Project Basemap and publication of collected records. Task 3: Fredrick Avenue PS&E Design 3.1 Basis of Design The CONSULTANT shall prepare a basis of design documenting design decisions, standards, and guidelines used in the design work and key assumptions in coordination with the City. Deliverable(s): 1. Basis of Design (living document). 3.2 Fredrick Avenue PS&E The CONSULTANT shall prepare plans, specifications, and cost estimates for the reconstruction of SR 166 and adjoining side mets. Sheet scale for full civil drawings will be 1:20, unless additional detail or clarity is needed. Submittals shall be electronic. Advanced Utility Relocation work shall be shown in another PS&E package. Deliverable(s): 1. 60%, 90%, 100%, Final, and Ad -Ready PS&E packages. General Plans The CONSULTANT shall develop and update a cover sheet and drawings index. The CONSULTANT shall document general notes, abbreviations, and symbols. PORT ORCHARD FREDRICK AVENUE RECONSTRUCTION - SCOPE OF WORK 6 KPFF CONSULTING ENGINEERS Docusign Envelope ID: 89736039-A4C7-4F8B-A7A8-8290AAE43C9B General plans shall include survey control drawings produced in other tasks. Deliverable(s): 1. Cover sheet. 2. General notes and legend sheet. 3. Survey control sheets (within all submittals) Hazardous Materials Plan The CONSULTANT shall identify locations of historic contamination records within the plan set based on research prepared for the SR 166 Bay Street Reconstruction project, which have overlapping project limits. The Hazardous Materials report for the SR 166 Bay Street project shall be included within the project appendix Deliverable(s): 1. Hazardous Materials Plan Site Prep/TESC The CONSULTANT shall identify demolition activities, including items to be abandoned, salvaged, recycled, or removed, and facilities that need to be protected during construction. Demolition plans shall include surface feature items, such as pavements by type, sidewalk, curbs, walls, building structures and foundations, and miscellaneous structures. Demolition required for utilities, drainage features, signing, striping, signalization, and illumination shall not be included in these drawings and shall be shown on the relevant discipline drawings. Temporary erosion and sediment control plans shall be shown on the Site Preparation Plans or as a stand-alone set depending on the Consultant's opinion on plan clarity. Deliverable(s): 2. Site Preparation/ TESC. Roadway/ROW Plans The CONSULTANT shall produce roadway plans, alignment control drawings and Right of Way Plans. The alignment control drawings and right of way plans may be combined into a single set at the option of the CONSULTANT. Plan sheets and profile sheets may be on separate plan sheets. Alternative methods of showing vertical control information, such spot elevation grading details or curb profiles, may be used in place of traditional vertical profile plans with super elevation tables if it simplifies the design and construction effort. Up to four curb ramps will be designed by the CONSULTANT. Assumption(s): PORT ORCHARD FREDRICK AVENUE RECONSTRUCTION - SCOPE OF WORK KPFF CONSULTING ENGINEERS Docusign Envelope ID: 89736039-A4C7-4F8B-A7A8-8290AAE43C9B 1. Pavement sections depths for inclusion into the project shall be provided to the CONSULTANT by the City. Deliverable(s): 1. Horizontal Alignment/ROW Plans and Vertical Profile or Vertical Control Plans. 2. Paving Plans, Typical Sections, Driveway, Intersection and Ramp Plans. Channelization and Signage Plans The CONSULTANT shall develop a channelization and signage plan for the project. Wayfinding shall be included within this plan set. um tion s : 1. City roadway signage within the corridor shall be replaced. 2. Other agency or private signage will be reused unless otherwise provided by their respective owner(s). Deliverable(s): 1. Channelization and Signage Plans. Construction Phasing Plans The CONSULTANT shall develop Construction Phasing Plans for the project to confirm feasibility of construction. Construction Phasing Plans shall identify high-level traffic phasing approach, such as detours and contractual access requirements. Assumption(s): 1. The Contractor shall produce Traffic Control Plans for review by the City. 2. City shall provide MUTCD edition or City criteria for use by the CONSULTANT. Deliverable(s): 1. Construction Phasing Plans. Stormwater Plans The CONSULTANT shall perform an engineering analysis and design a stormwater system within the project limits to meet current stormwater requirements. The drawings shall show removals and abandonment of existing stormwater features by the project. Assumption(s): 1. Stormwater design will meet the requirements of the City of Port Orchard (COPO) Municipal Code 20.150 and the COPO 2023 Stormwater Management Program Plan (SWMP) contained in chapters 7-12, and the 2019 Stormwater Management Manual for Western Washington (SWMMWW). PORT ORCHARD FREDRICK AVENUE RECONSTRUCTION - SCOPE OF WORK KPFF CONSULTING ENGINEERS Docusign Envelope ID: 89736039-A4C7-4F8B-A7A8-8290AAE43C9B 2. Conveyance design will only include stormwater systems within the limits of the ect. The CONSULTANT will review the recently completed Downtown in Stormwater Plan, date December 16, 2002, and incorporate recommendations for downtown stormwater improvements if feasible and under advisement from the City. 3. Flow control and water quality treatment may be included in the project. The stormwater requirements for the project new plus replaced hard surface will be evaluated by the CONSULTANT. Consultant shall use geotechnical recommendations from the SR 166 project Deliverable(s): 1. Stormwater plans, profiles, and details. Engineer's Estimate and Project Specifications The CONSULTANT shall deliver an opinion of cost using the standard of care of the profession for construction costs at all milestones broken out into funding categories as direct by the City. The estimate shall be submitted in Microsoft Excel (XLSX) format and shall include a basis of estimate, documenting key assumptions and cost estimating methodology. Basis of estimate shall be limited to an executive summary of four pages maximum, with supporting appendix material as needed. Quantity backup shall be submitted for City review in leu of quantity tabulation summary sheets within the PS&E Package submittals. The CONSULTANT shall deliver a project manual and technical specifications for the project per WSDOT/APWA standard specifications using City Standards. Assumption(s): 1. City shall confirm appropriate contingency factors to account for project uncertainties that cannot be explicitly accounted for at the project's various engineering stages. Risks that have been identified shall be listed along with potential cost and schedule impacts. 2. All "soft costs" to be included within the cost estimate, such as City -procured items, and City self -preformed work will be provided to the CONSULTANT two weeks before the estimate due date. 3. City shall provide direction on what edition of WSDOT Standard Specifications to use in project manuals developed by the CONSULTANT Deliverable(s): 1. Estimate mittals at 60%, 100%, Final and Ad -Ready milestones. 2. Project Manual at the 100%, Final and Ad -Ready submittals. PORT ORCHARD FREDRICK AVENUE RECONSTRUCTION - SCOPE OF WORK KPFF CONSULTING ENGINEERS Docusign Envelope ID: 89736039-A4C7-4F8B-A7A8-8290AAE43C9B 3.3 Quality Management The CONSULTANT shall prepare a quality management plan, and conduct thorough quality reviews and checks for each submittal. This task covers senior reviews of major work deliverables, including the concept design work. The project quality manager shall be responsible for ensuring that they are completed and documented. Such reviews shall be performed after deliverables are assembled and before their submittal to the City. Quality Management efforts and reviews shall encompass the work performed by the CONSULTANT and its SUBCONSULTANTS. Routine checking of calculations, plan sheets, and other work, done as peer review on the various discipline items, is included in the scope of the individual task. Consultant shall provide Comment Responses and verification of action taken with major milestone submittals. Deliverable(s): 1. Quality Records (electronic PDF). 2. Submittal comment responses with notes of action taken and responses. 3.4 Stormwater Report The CONSULTANT shall prepare a draft Stormwater Report that evaluates the Project for compliance with the City Stormwater Requirements. The draft stormwater report shall include the following: 1. Project description. 2. Project site basin and sub -basin delineation. 3. Quantify land cover changes created by the project including new and replaced impervious surfaces. 4. Determine stormwater minimum requirements applicable to project. 5. Proposed stormwater system and associated design criteria, calculations, and assumptions. 6. Figures to include but not limited to project vicinity maps and drainage basin delineation maps. 7. Appendix to include emails, meeting minutes, etc. that document drainage direction from City. The focus of the report shall be technical and the narrative is expected to be brief, utilizing tables, maps, schematic sketches/ details, and bullets whenever possible. The draft stormwater report shall be turned in after the 60% submittal milestone. PORT ORCHARD FREDRICK AVENUE RECONSTRUCTION - SCOPE OF WORK 10 KPFF CONSULTING ENGINEERS Docusign Envelope ID: 89736039-A4C7-4F8B-A7A8-8290AAE43C9B Upon receiving City comments, the CONSULTANT shall formally reply to received comments via written response. A final report shall be produced and submitted to the City with the 100% plan set. Deliverable(s): 1. Draft and Final stormwater report. 2. Draft stormwater report comment responses. 3.5 Bid Support Services The CONSULTANT shall support the City during the bidding period as needed. Support may include addressing bidding questions, addendum production, and evaluation of bid results for up to 20 CONSULTANT hours. Deliverable(s): 1. Deliverables as requested by the City. Task 4: Environmental Services 4.1 SEPA Documents The CONSULTANT will prepare documentation of SEPA categorical exemption with respect to the State Environmental Policy Act (SEPA). The proposed project is anticipated to meet a Categorical Exemption (WAC 197-11-800). Assumption(s): 1. The City shall be the lead agency and concur with the SEPA exemption rationale. 2. No new background studies will be prepared for this task. Deliverable(s): 1. SEPA Exemption Letter (electronic draft and final) 4.2 Permitting Support The CONSULTANT will prepare City of Port Orchard applications for the project to meet City Land Use permitting requirements triggered by the proposed work. The CONSULTANT will research site -specific permit requirements that will be summarized in a Permit Matrix, in consultation with the project team and the City of Port Orchard. The CONSULTANT will coordinate compiling information for each permit application, reviewing applicable municipal code, monitoring each application through permit issuance, assist with coordination of addressing comments and resubmitting, and attending any pre -application meetings for the following permits: 1. Master Application Form 2. Floodplain Development Permit Application 3. Critical Areas Exception (Type III) with a Critical Areas ort PORT ORCHARD FREDRICK AVENUE RECONSTRUCTION - SCOPE OF WORK KPFF CONSULTING ENGINEERS Docusign Envelope ID: 89736039-A4C7-4F8B-A7A8-8290AAE43C9B 4. Shoreline Permit Exemption 5. Major Land Disturbing Activity Permit Assumption(s): 1. Documentation prepared for the SR 166 project in 2025 will be reused for this project as the physical limits are the same. 2. City permittin fees will be waived or reimbursed by City funds outside the Consultant 3. The City shall submit permits. 4. The City shall provide the contractor permits for the following: ■ i ES permit for Construction 5. The permitting efforts will not require a hydrogeological report as defined in Table 20.162.086 of POMC20.162. 6. The following types of permits or approvals are not anticipated at this time, and are therefore not included in this �e: ■ Corps of Engineers, Section 10 or 404 ■ Coastal Zone Management Certification ■ State Waste Discharge Permit ■ Section 401 Water Quality Permit 7. The floodplain development application and report development will be based on a review of available data and information. Hydrologic and hydraulic analysis, hydraulic modeling, and no rise analysis are not included, as the project is not within an identified floodway and therefore not anticipated to be required. 8. One round of review of permit applications is included in this scope. 9. Information and data needed for permit applications (e.g., design plans, grading volumes) will be provided by others or completed as part of other tasks. Deliverable(s): 1. Permit matrix 2. Draft and Final permit applications. Task 5: Traffic and Illumination 5.1 Illumination PS&E The CONSULTANT shall prepare illumination plans, specifications, and cost estimates for the project. Lighting plans shall show franchise utility relocations by others. PORT ORCHARD FREDRICK AVENUE RECONSTRUCTION - SCOPE OF WORK 12 KPFF CONSULTING ENGINEERS Docusign Envelope ID: 89736039-A4C7-4F8B-A7A8-8290AAE43C9B Deliverable(s): 1. 60%, 100%, Final, and Ad -Ready Light and Signal PS&E packages. Task 6: Landscape Architecture 6.1 Landscape Design The CONSULTANT shall develop landscape design plans including: 1. Planting plans. 2. Coordination with and integration of decorative street lighting. 3. Permanent landscape irrigation plans. 4. WSDOT special provisions for Planting and Irrigation improvements. Assumption(s): 1. The City shall provide information on preferred irrigation components. 2. There will not be significant landscape or urban design work north of planned future Kitsap Bank Improvements along Fredrick and planned future Orchard Plaza improvements. Deliverables: 1. 60%, 100%, Final and Ad -Ready Documents (sheet count per each submittal) o Planting plans (1" = 20' full size - one sheet). o Planting schedule, details, and notes (two sheets). o Irrigation plans (1" = 20' full size - one sheet). o Irrigation schedule, details, and notes (three sheets). o Special provisions & Cost Estimates 6.2 Urban Design The CONSULTANT shall develop urban design plans: 1. Urban design plans and details to include sidewalk paving scoring, finish treatments, and location of site furnishings. 2. Decorative illumination coordination. 3. Coordinate with Kitsap Bank and Orchard Plaza future improvements. Tlolivnrnlnloe• 1. 60%, 90%, Final and Ad -Read/ Documents (sheet count per each submittal): o Urban design plans (1" = 20' full size - one sheet) o Urban design plan, details, and notes (two sheets) PORT ORCHARD FREDRICK AVENUE RECONSTRUCTION - SCOPE OF WORK 13 KPFF CONSULTING ENGINEERS Docusign Envelope ID: 89736039-A4C7-4F8B-A7A8-8290AAE43C9B o WSDOT special provisions & cost estimates Task 7: Real Estate rvices 7.1 Preliminary Right -of -Way Services The CONSULTANT shall prepare a Waiver of Valuation for two impacted parcels. The Waiver of Valuation will utilize consistent comparable sales and valuation techniques. Waiver Valuations will be written for those acquisitions valued under $35,000 and uncomplicated. Should any appraisals be required, the CONSULTANT will make a recommendation with cost estimates for appraisal consultants to the City. The CONSULTANT shall develop Right of Entry (ROE) agreement forms and corresponding introduction letters for City approval. These documents will authorize access to private parcels along the project corridor. Up to two (2) ROEs will be necessary for field surveys, develop up to two Temporary Construction Easements (TCE) and up to 2 right of entry exhibits to support the project and shall be submitted to the City near the 60 % Milestone for review and comment. Temporary Construction easements are anticipated along the right of way limits for property conformance needs with the future headquarters of the Kitsap Bank. Deliverable(= I 1. Preliminary Real Estate Materials 7.2 Acquisition Services CONSULTANT will assist the Agency in developing all necessary right-of-way documents and offer letters for the project in accordance with the Agency's right-of-way procedures manual. This scope includes preparing acquisition documents for up to two Temporary Construction Easements (TCEs). The TCEs are anticipated along the right-of- way limits to facilitate property conformance, specifically with the future Kitsap Bank headquarters. No permanent right-of-way acquisition is anticipated. The acquisition documents will be drafted using City- or WSDOT-approved forms and submitted for review and comment to the City near the 60% Milestone. All offer packages will be reviewed and approved by the City before being presented to property owners. CONSULTANT agents will act in good faith at all times and never coerce owners. Consultant shall begin the negotiation process with each owner with an in -person presentation of all offers, when feasible. CONSULTANT shall identify property owner issues, concerns and differences early on and document that information in the individual parcel negotiation diaries. CONSULTANT will work with Agency staff throughout the negotiation process with the property owner until settlement is reached on each parcel or an impasse is reached. If it becomes apparent that negotiations have reached an impasse and sufficient time has passed for the property owner to make a settlement decision, CONSULTANT shall provide written notice to City staff of the impasse in negotiations. PORT ORCHARD FREDRICK AVENUE RECONSTRUCTION - SCOPE OF WORK 14 KPFF CONSULTING ENGINEERS Docusign Envelope ID: 89736039-A4C7-4F8B-A7A8-8290AAE43C9B The CONSULTANT shall 1. conduct a minimum of three (3) significant and meaningful contacts with each property owner before recommendation of impasse in negotiations for up to six property owners. 2. Set up and maintain complete real property acquisition files for each impacted tax parcel or larger parcel. 3. Prepare Administrative Settlement Justification statements for up to two (2) properties. 4. Assemble the project's final parcel files. 5. Transmit the signed conveyance documents and payment requests to the City for approval and processing. 6. Do due diligence in obtaining and researching last recorded vesting to verify ownership for each parcel. 7. Make a recommendation for appraisal consultants to the City, if needed. Assumption(s): 1. No title reports will be required for this work and escrow will not be required at closing. 2. The City will establish and communicate just compensation to the CONSULTANT. 3. The City will record conveyance documents and make payment for any and all compensation payments to property owners. The City will pay for all fees charged by trustees, and/or beneficiaries to clear encumbrances of record and other closing costs such as title policies, recording fees, and escrow fees if applicable. 4. Contractors working on City projects are not required to have rights of entry or temporary easements to work within City Right of way or Property. Deliverable( _ 1. ft 2) Temporary Construction Easement Exhibits 2. Upto2 (2) right of entry exhibits 3. Property owner contact list, monthly summaries, initial schedule and updates on review and issuance status. 4. One (1) electronic copy of complete real property acquisition files for the project and up to two (2) parcels as well as all original, signed conveyance documents required for recording and any other original documents required to comprise a complete property acquisition record. 5. Written counteroffer(s) and acceptances from property owners including supporting documentation and the CONSULTANT's recommendation with regard to justification for administrative settlements. PORT ORCHARD FREDRICK AVENUE RECONSTRUCTION - SCOPE OF WORK 15 KPFF CONSULTING ENGINEERS Docusign Envelope ID: 89736039-A4C7-4F8B-A7A8-8290AAE43C9B EXHIBIT B Fee Proposal Port Orchard Fredrick Ave Reconstruction KPFF Consulting Engineers and Subconsultants 9/17/2025 Description KPFF Concord KPG Psomas RES Group NW Total Cost Task 1 Project Management $ 25,001.87 $ 3,421.26 $ - $ - $ 28,423.13 1.1 ContractAdmin 6,502.73 1,877.69 - - $ 8,380.42 1.2 Project Management Plan 2,466.55 - - - $ 2,466.55 1.3 Subconsultant Management 6,502.73 - - - $ 6,502.73 1.4 Coordination Meetings 9,529.86 1,543.57 - - $ 11,073.43 Task 2 Data Collection $ 5,830.03 $ $ $ 5,830.03 2.1 Data Collection $ 5,830.03 $ - $ - $ - $ 5,830.03 Task 3 Fredrick Avenue PS & E Design $ 157,915.39 $ $ $ $ 157,915.39 3.1 Basis of Design 5,493.68 $ - - $ - $ 5,493.68 3.2 General Plans 12,444.88 $ - - $ - $ 12,444.88 3.3 Hazardous Materails Plan $ 8,184.47 $ - $ - $ - $ 8,184.47 3.4 Site Prep/TESL 18,246.88 $ - - $ - $ 18,246.88 3.5 Roadway/ROW Plans $ 38,539.88 $ - $ - $ - $ 38,539.88 3.6 Channelization & Signage Plans $ 5,437.63 $ - $ - $ - $ 5,437.63 3.7 Construction Phasing $ 9,529.86 $ - $ - $ - $ 9,529.86 3.8 Stormwater Plans $ 15,415.95 $ - $ - $ - $ 15,415.95 3.9 Engineer's Estimate $ 13,453.92 $ - $ - $ - $ 13,453.92 3.10 Quality Management $ 10,763.14 $ - $ - $ - $ 10,763.14 3.11 Stormwater Report $ 15,023.54 $ - $ - $ - $ 15,023.54 3.12 Bid Support Services $ 5,381.57 $ - $ - $ - $ 5,381.57 Task 4 Environmental Services $ 12,024.44 $ $ $ $ 12,024.44 4.1 SEPA Exemption Letter 1,793.86 - - - $ 1,793.86 4.2 Permit Matrix 2,943.05 - - $ 2,943.05 4.3 Draft and Final Permit Applications 9,081.40 - - $ 9,081.40 Task 5 Traffic and Illumination $ - $ 21,948.78 $ - $ $ 21,948.78 5.1 Illumination Plans 21,948.78 - - $ 21,948.78 Task 6 Landscape Architecture $ - $ $ 35,544.53 $ $ 35,544.53 6.1 Landscape Plans - 22,774.23 - $ 22,774.23 6.2 Urban Design - 12,770.30 - $ 12,770.30 Task 7 Real Estate Services $ 5,661.86 $ $ $ 30,489.12 $ 36,150.98 7.1 Preliminary Real Estate Materials - $ - - $ 10,163.04 $ 10,163.04 7.2 Acquisition Services $ 5,661.86 $ - $ - $ 20,326.08 $ 25,987.94 Total Labor Cost by Firm $ 206,433.59 $ 25,370.05 $ 35,544.53 $ 30,489.12 $ 297,837.28 Reimbursable Costs by Firm I $ I $ $ $ $ Total budget I I$ 206,433.59 $ 25,370.05 $ 35,544.53 $ 30,489.12 $ 297,837.28 without reserve Management Reserve Project Budget with Reserve $ 297,837.28 Page 1 of 1