HomeMy WebLinkAbout066-26 - Kiewit Infrastructure West Co. - ContractDocusign Envelope ID: 2414A8D5-1C8F-835B-805E-48257C6DBE91
Port Orchard Contract #: 066-26
Authorized Amount: $85,000
Date Start: 3/24/2026
Date End: 3/24/2027
CONSULTANT SERVICES AGREEMENT
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 Kiewit
Infrastructure West Co., ("Consultant") organized under the laws of the State of Washington, located
and doing business at 33930 Weyerhaeuser Way, Suite 300 Federal Way, WA 98001 (hereinafter the
"Consultant").
RECITALS:
WHEREAS, the City desires to have certain services performed for its residents; and
WHEREAS, the City has selected the Consultant to perform such services pursuant to certain
terms and conditions; and
WHEREAS, the City complied with the requirements for hiring Consultant contained in Chapter
39.80 RCW;
NOW, THEREFORE, in consideration of the mutual benefits and conditions set forth below, the
parties agree as follows:
AGREEMENT:
1. Scope of Services to be Performed by Consultant.
The Consultant shall perform those services described on Exhibit "A," which is attached hereto and
incorporated herein by this reference as if set forth in full. In performing such services, the Consultant shall
at all times comply with all federal, state, and local statutes, rules and ordinances applicable to the
performance of such services and the handling of any funds used in connection therewith. The Consultant
shall perform the services diligently and completely and in accordance with professional standards of
conduct and performance. The Consultant shall request and obtain prior written approval from the City
if the scope or schedule is to be modified in any way.
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2. Compensation.
The City shall pay the Consultant for services rendered according to the rates and methods set forth
below.
X LUMP SUM. Compensation for these services set forth in Exhibit A shall be a Lump Sum
of $85,000.00.
❑ TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed
$ 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.
B. All invoices shall be paid by City warrant within thirty (30) days of receipt of a proper
invoice. If the City objects to all or any portion of any invoice, it shall so notify the Consultant of the
same within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in
dispute, and the Parties shall immediately make every effort to settle the disputed portion.
C. The Consultant shall keep cost records and accounts pertaining to this Agreement
available for inspection by City representatives for three (3) years after final payment unless a longer
period is required by a third -party agreement. Copies shall be made available on request.
D. On the effective date of this Agreement (or shortly thereafter), the Consultant shall
comply with all federal and state laws applicable to independent contractors, including, but not limited
to, the maintenance of a separate set of books and records that reflect all items of income and expenses
of the Consultant's business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by
law, to show that the services performed by the Consultant under this Agreement shall not give rise to
an employer -employee relationship between the parties, which is subject to Title 51 RCW, Industrial
Insurance.
E. If the services rendered do not meet the requirements of the Agreement, the Consultant
will correct or modify the work to comply with the Agreement. The City may withhold payment for such
work until the work meets the requirements of the Agreement. The City shall pay the Consultant for
services rendered within ten (10) days after City Council voucher approval. However, if the City objects
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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 3/24/2026
and ending 3/24/2027 unless sooner terminated under the provisions of this Agreement. The City
reserves the right to offer two (2) one-year extensions prior to expiration of the Agreement to retain
the Consultant's services.
B. Time is of the essence of this Agreement in each and all of its provisions in which
performance is required. If delays beyond the Consultant's reasonable control occur, the Parties will
negotiate in good faith to determine whether an extension is appropriate.
C. The Consultant shall obtain a City of Port Orchard business license prior to commencing
work pursuant to a written Notice to Proceed.
D. The Consultant is authorized to proceed with services upon receipt of a written Notice
to Proceed.
5. Standard of Care.
The Consultant represents and warrants that it has the requisite training, skill, and experience
necessary to provide the services under this Agreement and is appropriately accredited and licensed
by all applicable agencies and governmental entities. Services provided by the Consultant under this
Agreement will be performed in a manner consistent with that degree of care and skill ordinarily
exercised by members of the same profession currently practicing in similar circumstances.
6. Ownership and Use of Documents.
A. Ownership. Any records, files, documents, drawings, specifications, data, or
information, regardless of form or format, and all other materials produced by the Consultant in
connection with the services provided to the City, shall be the property of the City whether the project
for which they were created is executed or not.
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
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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.
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9. Insurance.
The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims
for injuries to persons or damage to property which may arise from or in connection with the
performance of the work hereunder by the Consultant, its agents, representatives, or employees.
A. Minimum Scope of Insurance. Consultant shall obtain insurance of the types
described below:
Automobile Liability insurance covering all owned, non -owned, hired and leased
vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01
or a substitute form providing equivalent liability coverage. If necessary, the policy
shall be endorsed to provide contractual liability coverage.
ii. Commercial General Liability insurance shall be written on ISO occurrence form CG
00 01 and shall cover liability arising from premises, operations, independent
Consultants and personal injury and advertising injury. The City shall be named as
an insured under the Consultant's Commercial General Liability insurance policy
with respect to the work performed for the City.
iii. Workers' Compensation coverage as required by the Industrial Insurance laws of the
State of Washington.
iv. Professional Liability insurance appropriate to the Consultant's profession.
B. Minimum Amounts of Insurance. Consultant shall maintain the following insurance
limits:
Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of $1,000,000 per accident.
ii. Commercial General Liability insurance shall be written with limits no less
than $1,000,000 each occurrence, $2,000,000 general aggregate.
iii. Professional Liability insurance shall be written with limits no less than
$1,000,000 per claim and $1,000,000 policy aggregate limit.
C. Other Insurance Provision. The Consultant's Automobile Liability, Commercial
General Liability, and Professional Liability insurance policies are to contain, or be endorsed to contain,
that they shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance
pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not
contribute with it.
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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.
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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.
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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.
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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.
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No waiver, alteration, modification of any of the provisions of this Agreement shall be binding unless
in writing and signed by a duly authorized representative of the City and the Consultant.
23. Notices.
All notices or other communications required or permitted under this Agreement shall be in writing
and shall be (a) personally delivered, in which case the notice or communication shall be deemed given
on the date of receipt at the office of the addressee; (b) sent by registered or certified mail, postage
prepaid, return receipt requested, in which case the notice or communication shall be deemed given
three (3) business days after the date of deposit in the United States mail; or (c) sent by overnight
delivery using a nationally recognized overnight courier service, in which case the notice or
communication shall be deemed given one business day after the date of deposit with such courier. In
addition, all notices shall also be emailed, however, email does not substitute for an official notice.
Notices shall be sent to the following addresses:
Notices to the City of Port Orchard shall be sent to the following address:
City Clerk
City of Port Orchard
216 Prospect Street
Port Orchard, Washington 98366
Bwallace@cityofportorchard.us
Phone: 360.876.4407 Fax: 360.895.9029
Notices to the Consultant shall be sent to the following address:
Kiewit Infrastructure West Co.
33930 Weyerhaeuser Way, Suite 300
Federal Way, WA 98001
Phone No.: 808-321-1959
Email: James.Robinsonckiewit.com
24. Resolution of Disputes; Governing Law.
A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions
contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the
term or provision's true intent or meaning. The Mayor shall also decide all questions which may arise
between the parties relative to the actual services provided or to the sufficiency of the performance
hereunder.
B. If any dispute arises between the City and the Consultant under any of the provisions
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
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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 reports
required by the Acts, the Regulations and directives issued pursuant thereto and will permit access to
its books, records, accounts, other sources of information, and its facilities as may be determined by
the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and
instructions. Where any information required of the Consultant is in the exclusive possession of
another who fails or refuses to furnish the information, the Consultant will so certify to the City or the
FHWA, as appropriate, and will set forth what efforts it has made to obtain the information.
E. Sanctions for Noncompliance. In the event of the Consultant's noncompliance with the
non- discrimination provisions of this Agreement, the City will impose such contract sanctions as it or
the FHWA may determine to be appropriate, including, but not limited to:
i. withholding payments to the Consultant under the Agreement until the contractor
complies; and/or
ii. cancelling, terminating, or suspending the Agreement, in whole or in part.
F. Incorporation of Provisions. The Consultant will include the provisions of paragraphs one
through six in every subcontract, including procurements of materials and leases of equipment, unless
exempt by the Acts, the Regulations and directives issued pursuant thereto. The Consultant will take
action with respect to any subcontract or procurement as the City or the FHWA may direct as a means
of enforcing such provisions including sanctions for noncompliance. Provided, that if the Consultant
becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such
direction, the Consultant may request the City to enter into any litigation to protect the interests of the
City. In addition, the Consultant may request the United States to enter into the litigation to protect
the interests of the United States.
27. Counterparts.
This Agreement may be executed in any number of counterparts, each of which shall constitute an
original, and all of which will together constitute this one Agreement.
28. Severability.
Any provision or part of this Agreement held to be void or unenforceable under any law or regulation
shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon the
City and the Consultant, who agree that the Agreement shall be reformed to replace such stricken
provision or part with a valid and enforceable provision that comes as close as reasonably possible to
expressing the intent of the stricken provision.
IN WITNESS WHEREOF, the City and the Consultant have executed this Agreement as of the
dates listed below.
City of Port Orchard and Kiewit Infrastructure West Co.
Public Works Project: SR 3/SR 16/SR 166, Gorst Vicinity — Remove Fish Barriers Project
Updated 412022 MDR
Page 12 of 17
Docusign Envelope ID: 2414A8D5-1C8F-835B-805E-48257C6DBE91
CONSULTANT
James.Robinson o'ae3'zozsas°2sa6340- °"
By:
Title: Project Manager
Date: 5/26/2026
CITY OF PORT ORCHARD
Signed by:
I°oti �u�-aaln,S�u.
By: ___
Robert Putaansuu, Mayor
Date: 5/28/2026
ATTEST/AUTHENTICATE
rrSigned by:
IC '5IBBDOOI1C
a�n l>va(�AU-
Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM
Signed by:
LUvL and
9(C3701 F221)457
Port Orchard City Attorney's Office
City of Port Orchard and Kiewit Infrastructure West Co.
Public Works Project: SR 3/SR 16/SR 166, Gorst Vicinity — Remove Fish Barriers Project
Updated 4120221BDR
Page 13 of 17
Docusign Envelope ID: 2414A8D5-1C8F-835B-805E-48257C6DBE91
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 Kiewit Infrastructure West Co.
Public Works Project: SR 3/SR 16/SR 166, Gorst Vicinity — Remove Fish Barriers Project
Updated 4120221BDR
Page 16 of 17
Docusign Envelope ID: 2414A8D5-1C8F-835B-805E-48257C6DBE91
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 Kiewit Infrastructure West Co.
Public Works Project: SR 3/SR 16/SR 166, Gorst Vicinity — Remove Fish Barriers Project
Updated 412022 MDR
Page 17 of 17
Docusign Envelope ID: 2414A8D5-1C8F-835B-805E-48257C6DBE91
Utility Relocation Agreement No. 9
Utility Name & Address:
SR 3/SR 16/SR 166, Gorst Vicinity — Remove Fish Barriers Project
(Contract No. 9920)
Design Responsibility:
Construction Responsibility:
Cost Responsibility:
City of Port Orchard
City of Port Orchard
City of Port Orchard
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
Contractors Name & Address:
Kiewit Infrastructure West Co.
33930 Weyerhaeuser Way, Suite 300
Federal Way, WA 98001
WSDOT#9920 RFP Utility Designation:
ii Type 1 ❑ Type 2
This Utility Relocation Agreement (the Agreement) is made and entered into between Kiewit
Infrastructure West Co. (KIEWIT) and the above -named Utility (UTILITY), collectively the "Parties" and
individually the "Party."
Recitals
1. The Washington State Department of Transportation (WSDOT) is planning an improvement along
SR 3/SR 16/SR 166 which consists of the removal and replacement of
five existing culverts with fish passage structures (referred to as sites), per the project titled above;
and has contracted with KIEWITto perform the necessary improvements (the Project). The project
site included as part of this agreement is as follows:
Site ID
WDFW Site ID
US! SR
Name
County
Site D
990270
SR 16
UNT to Ross Creek
Kitsap County
2. The WSDOT has granted an "Assignment/Delegation of Utility Permit/Franchise Rights and
Obligations" dated 02/26/2024 to KIEWIT regarding WSDOT Utility Permit/Franchise Numbers
below and as shown in Exhibit A.
Site
WDFW Site ID
Utility Owner
Utility Facility
Franchise Number
ID
City of Port
D
990270
Buried Water
N/A
Orchard
3. In connection therewith, it is necessary to design and remove and/or relocate and/or construct
certain UTILITY facilities (the Work) to facilitate the Project.
4. In order to facilitate the completion of the Work, KIEWIT will provide all materials, equipment,
labor, contract administration, and any other efforts required to perform the following for facilities
owned by UTILITY:
II Design ❑ Design Review
® Relocation IF] Construction
IAs-Built Survey ❑ As -Built Review
❑x Permanent Material Supply for Construction
IN Protect in Place ❑x Removal
❑ Field Inspection ❑ Betterments
❑ Franchise/Permit Application/
Amendment
Docusign Envelope ID: 2414A8D5-1C8F-835B-805E-48257C6DBE91
In order to facilitate the completion of the Work, UTILITY will provide all materials, equipment,
labor, contract administration, and any other efforts required to perform the following for facilities
owned by UTILITY:
❑ Design
❑ Relocation
❑ As -Built Survey
® Design Review
❑ Construction
M As -Built Review
❑ Permanent Material Supply for Construction
❑ Protect in Place ❑ Removal
® Field Inspection ® Betterments
M Franchise/Permit Application/
Amendment
6. As defined in the conformed Request for Proposals (REP) of WSDOT Project 9920 dated October
November 26, 2024, the following Party is of the Type noted above and is entirely responsible for
the cost to complete all aspects of the work for UTILITY facilities:
❑ KIEWIT IN UTILITY
Both KIEWIT and UTILITY will perform their respective duties in a timely manner so that the design
is completed by Site D: Mach 20, 2026, and the remaining work identified in Sections 4 & 5 is
completed by Site D upon mutually agreeable date between parties.
Now, therefore, in consideration of the terms, conditions, covenants, and performances contained
herein, as well as the attached Exhibits which are incorporated and made a part hereof,
IT IS MUTUALLY AGREED AS FOLLOWS:
1. Plans and Special Provisions
1.1. Program Guide: The "Utility Relocation and Accommodation on Federal Aid Highway Projects"
shall determine and establish the definitions and applicable standards for this Agreement. By
this reference this document is adopted and made a part of this Agreement as if fully contained
herein.
1.2. Betterment: A betterment is an improvement to UTILITY facilities not required by code,
regulation, standard industry practice, or any other applicable regulation. If any of the Work
constitutes a betterment as defined in the "Utility Relocation and Accommodation on Federal
Aid Highway Projects", the UTILITY is solely responsible for the costs of such improvement.
1.3. The Party performing the construction agrees to perform the work in accordance with:
® The Plans identified in Exhibit B
❑ The Special Provisions in Exhibit C (if applicable)
UTILITY agrees that is solely responsible for ensuring that all Plans and Special Provisions meet
UTILITY's standards, codes, and regulations. In the event of a discrepancy between UTILITY's
standards, codes, and regulations and those of WSDOT, those of UTILITY shall prevail unless it is
determined by WSDOT that this condition will present a hazard to the safety and comfort of
the traveling public.
2. Construction, Inspection, and Acceptance
2.1. UTILITY agrees to disconnect/reconnect and or deactivate/activate its facilities upon
reasonable notice to UTILITY as requested by KIEWIT when such action is required to be
performed by UTILITY. The Parties agree to define disconnect/reconnect and or
deactivate/activate requirements, including notification and response, in Exhibit C. UTILITY
facilities not removed pursuant to this Agreement shall remain the ownership, operation and
maintenance responsibility of UTILITY.
2.2. Salvage: All materials removed from UTILITY's facilities shall become the property of UTILITY
and disposed of by UTILITY, unless otherwise specified in Exhibit C. Arrangements to salvage
certain materials for later usage by either Party shall be specified in Exhibit C.
Docusign Envelope ID: 2414A8D5-1C8F-835B-805E-48257C6DBE91
2.3. If KIEWIT is to perform the Work, UTILITY shall furnish an inspector in a timely manner to
observe the Work and verify that all standards, codes, and regulations are being met as
described in Section 1.3. If UTILITY is to perform the Work, KIEWIT shall supply an inspector in a
timely manner to observe the Work and verify that all improvements are compatible with the
overall design, phasing, and construction of the Project.
2.4. The Party performing the construction agrees to promptly notify the other Party upon
completion of the Work.
2.5. If KIEWIT is performing the Work, UTILITY shall, within five (5) working days of being notified
that the Work is completed:
(a) deliver a letter of acceptance to WSDOT, or
(b) deliver to WSDOT written reasons why the Work does not comply with the
previously approved Plans and Special Provisions. UTILITY agrees to work diligently
and in good faith with KIEWIT to resolve any issues so as not to delay the Project. If
all issues are resolved, UTILITY agrees to deliver to WSDOT a letter of acceptance as
provided herein.
2.6. If UTILITY is performing the Work, KIEWIT shall, within five (5) working days of being notified
that the Work is completed:
(a) deliver a letter of acceptance to UTILITY, or
(b) deliver to UTILITY written reasons why the Work does not comply with the
previously approved Plans and Special Provisions. KIEWIT agrees to work diligently
and in good faith with UTILITY to resolve any issues so as not to delay the Project. If
all issues are resolved, KIEWIT agrees to deliver to UTILITY a letter of acceptance as
provided herein.
2.7. If either Party does not respond within five (5) working days as provided in Sections 2.5 and
2.6, the Work and the administration thereof will be deemed accepted by the other Party, and
the Party performing the Work shall be released from all future claims and demands except for
latent defects to the extent allowed by Washington Law.
2.8. Upon completion and acceptance of the Work pursuant to Sections 2.5, 2.6, or 2.7, to the
extent allowed by Washington law, UTILITY agrees that it shall be solely responsible for all
future ownership, operation, and maintenance costs of its facilities, without KIEWIT or WSDOT
liability or expense.
2.9. KIEWIT will prepare the final construction "as -built" survey and documentation in general
conformance with WSDOT's Construction Manual. KIEWIT will maintain one set of plans as the
official "as -built" set, then make notations in red of all plan revisions typically recorded per
standard WSDOT practice, as directed by WSDOT's Construction Manual. Once the approving
Party has accepted the Work per Section 2.5, 2.6, or 2.7, KIEWIT will provide one (1)
reproducible set of "as-builts" to UTILITY.
Docusign Envelope ID: 2414A8D5-1C8F-835B-805E-48257C6DBE91
3. Payment
3.1. The Party identified in Recital 6 of this Agreement agrees that it shall be responsible for the
actual direct and related indirect costs of the efforts to perform the Work by the Party(ies)
identified in the following Recitals:
❑ Recital 4 (KIEWIT) ❑x Recital 5 (UTILITY)
3.2. The total Lumpsum cost to achieve completion of the Design:
❑ Unspecified
® $ 85,000
A scoping document with inclusions and exclusions for the Design is:
❑ Not included
® Included in Exhibit D
3.3. The total Lumpsum cost to achieve completion of the Construction Work:
❑ Unspecified
® $ $515,000
A scoping document with inclusions and exclusions for the Construction Work is:
❑ Not included
❑ Included in Exhibit D
3.4. If monies are deemed to be due from one Party to the other as required by the terms of this
Agreement, the Party identified in Recital 6 of this Agreement agrees to pay the other Party the
actual cost for its participation in the completion of the Work for UTILITY. The Party identified
in Recital 6 shall make any payments due to the other Party within thirty (30) calendar days
after receiving request for payment.
3.5. Should the Party identified in Recital 6 of this Agreement fail to make payment to the other
Party according to the terms of this Agreement, the Party owed unpaid monies shall have the
right to terminate this Agreement after reasonable notice to the defaulting Party and an
opportunity to cure.
4. Change in Work or Cost Increase
4.1. Increase in Cost: In the event unforeseen conditions, not caused by the negligence or willful
misconduct of KIEWIT, WSDOT, its or their agents, or a third party, require an increase in the
cost of the Work as specified in Section 3.2, a change in the agreed total cost will:
❑ Be paid One Hundred Percent (100%) by KIEWIT
lz Be paid One Hundred Percent (100%) by UTILITY
❑ Be paid at a split cost as identified below:
KIEWIT: Percent (%)
UTILITY: Percent (%)
A change to the total cost of the Work identified in Section 3.2 will only be considered if the
actual cost to complete the Work is equal to or more than the following percentage over
the value identified in Section 3.2
❑ Percent (%)
%)
lNot Applicable
4.2. If it is determined by the Party performing the Work that additional Work or a change in the
Work is required, prior written approval must be secured from the Party identified in Recital 6.
However, where the change is required to mitigate a Project emergency or safety threat to the
traveling public, the Party performing the Work may direct the change without the approval of
the Party identified in Recital 6. Proper notifications shall be made between both Parties of
such changes as soon as possible thereafter.
Docusign Envelope ID: 2414A8D5-1C8F-835B-805E-48257C6DBE91
4.3. Regardless of the Party performing the Work, UTILITY may request additions to the Work in
writing. KIEWIT will review the request and accommodate the requested changes as elective
changes, provided that a change does not negatively impact WSDOT's transportation system
and complies with the Standard Specifications, Project permits, state and/or federal law,
applicable rules and/or regulations, and/or WSDOT design policies, and does not unreasonably
delay critically scheduled Project contract activities. Costs to construct UTILITY facilities above
and beyond the cost required for the scope of the Work will be paid for solely by UTILITY,
regardless of the Party performing these additional activities.
5. Franchise of Permit
5.1. UTILITY shall apply for a new permit, franchise, or amendment to its current franchise for those
new or modified UTILITY facilities that will be located within WSDOT's right of way. After
receiving the application, WSDOT will issue a new permit or a new or amended franchise, as
applicable.
6. Right of Entry/Permits
6.1. KIEWIT agrees to provide copies of its Right of Entry Permits and Temporary Construction
Easements with all privately owned lands, as requested by UTILITY. UTILITY may elect to
perform its Work within the limits and restrictions of KIEWIT temporary construction
easement.
If UTILITY does not elect to perform its Work within the limits of KIEWIT temporary
construction easements; UTILITY agrees to arrange for rights of entry upon all privately owned
lands upon which UTILTY has a claimed property rights and which are necessary to perform the
Work. UTILITY also agrees to obtain all necessary permissions for KIEWIT to perform the Work
on such lands, which may include reasonable use restrictions on those lands. UTILITY agrees to
provide the rights of entry and applicable permissions under this section to KIEWIT within ten
(10) calendar days of entering into this Agreement. Upon completion of the Work on such
lands, those rights of entry and permissions beyond the rights of entry and permissions granted
by the WSDOT permit or franchise shall terminate.
6.2. KIEWIT agrees to provide copies of applicable permits that it has received to perform the work
outside of this agreement, as requested. If applicable, UTILITY may elect to perform its Work
under KIEWIT permits with the understanding all permit restrictions and conditions are met. It
is the responsibility of the UTILITY to fully understand and comply with all KIEWIT permit
conditions and requirements, including; but not limited to, performing the work within the
identified boundaries and providing all necessary reports and documentation to support permit
requirements and provide to KIEWIT in a timely manner after completion of Work.
If UTILITY does not elect to perform its Work under KIEWIT permits; UTILITY agrees to obtain all
necessary permits to perform the Work. If UTILITY elects for KIEWIT to perform any of the
Work, UTILITY also agrees to obtain all necessary permit for KIEWIT to perform the Work.
UTILITY agrees to provide the applicable permits under this section to KIEWIT within ten (10)
calendar days of entering into this Agreement. Upon completion of the Work, those permits
beyond the permissions granted by the issuing agencies shall terminate.
7. General Provisions
7.1. Indemnification: To the extent authorized by law, UTILITY and KIEWIT shall indemnify and hold
harmless one another and their employees and/or officers from and shall process and defend
at its own expense any and all claims, demands, suits at law or equity, actions, penalties,
losses, damages (both to persons and/or property), or costs, of whatsoever kind or nature,
brought against the one Party arising out of, in connection with, or incident to the other Party's
Docusign Envelope ID: 2414A8D5-1C8F-835B-805E-48257C6DBE91
performance or failure to perform any aspect of this Agreement, provided, however, that if
such claims are caused by or result from the concurrent negligence of (a) UTILITY and (b)
KIEWIT, their respective employees and/or officers, or involves those actions covered by RCW
4.24.115, this indemnity provision shall be valid and enforceable only to the extent of the
negligence of UTILITY or KIEWIT, and provided further, that nothing herein shall require the
UTILITY or KIEWIT to hold harmless or defend the other or its employees and/or officers from
any claims arising from that Party's sole negligence or that of its employees and/or officers.
The terms of this section shall survive the termination of this Agreement.
7.2. Disputes: If a dispute occurs between the UTILITY and KIEWIT at any time during the
prosecution of the Work, the Parties agree to negotiate at the management level to resolve
any issues. Should such negotiations fail to produce a satisfactory resolution, the Parties agree
to enter into arbitration and/or mediation before proceeding to any other legal remedy. Each
Party shall be responsible for its own fees and costs. The Parties agree to equally share the cost
of a mediator or arbiter.
7.3. Venue: In the event that either Party deems it necessary to institute legal action or proceedings
to enforce any right or obligation under this Agreement, the Parties hereto agree that any such
action or proceedings shall be brought in the State of Washington. Each Party shall be
responsible for its own attorney's fees and costs.
7.4. Termination:
7.4.1. Unless otherwise provided herein, KIEWIT my terminate this Agreement upon thirty (30)
calendar days written notice to UTILITY.
7.4.2. KIEWIT acknowledges and agrees that should it terminate this Agreement, such
termination shall not relieve the Party identified in Recital 6 from its responsibility to
ultimately pay for the design, removal, relocation and/or construction of UTILITY
facilities so as not to delay or conflict with the Project.
7.5. Amendments: This Agreement may be amended by the mutual agreement of both Parties.
Such amendments or modifications shall not be binding unless put in writing and signed by
persons authorized to bind each of the Parties.
7.6. Independent Contractor: Both Parties shall be deemed independent contractors for all
purposes, and the employees of each Party and any of its contractors, subcontractors,
consultants, and the employees thereof, shall not in any manner be deemed to be the
employees of the other Party.
7.7. Audit and Records: During the progress of the Work and for a period of not less than six (6)
years from the date of final payment, both Parties shall maintain the records and accounts
pertaining to the Work and shall make them available upon reasonable notice during normal
business hours and as often as necessary, for inspection and audit by the other Party,
Washington State, and/or Federal Government and copies of all records, accounts, documents
or other data pertaining to the Work will be furnished upon request. The requesting Party shall
pay the cost of copies produced. If any litigation, claim, or audit is commenced, the record,
accounts along with supporting documentation shall be retained until any litigation, claim, or
audit finding has been resolved even though such litigation, claim, or audit continues past the
six -year retention period.
8. Waiver of Consequential Damages
8.1. Neither party will be liable to the other party for consequential damages of any nature or kind,
including loss of profits/revenue and use. Damages based on actual costs incurred as a result
of inexcusable delays on the reference Project are not consequential damages.
8.2. WAIVER OF CONSEQUENTIAL AND PUNITIVE DAMAGES.
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In no event shall either party hereto be liable to the other or obligated in any manner to pay to
the other any special, incidental, consequential, punitive or similar losses or damages
(including loss of profits, loss of production, loss of business opportunity or other
consequential or indirect loss) based upon claims arising out of or in connection with the
performance or non-performance of its obligations or otherwise under this Agreement, or the
material inaccuracy of any representation made in this Agreement, whether such claims are
based upon contract, tort, negligence, warranty or other legal theory; provided, however, that
the waiver of this foregoing damages under this Section is intended to apply only to disputes
and claims as between UTILITY and KIEWIT. Nothing in this Section shall limit the obligation of
the UTILITY to indemnify, defend and hold harmless the KIEWIT Indemnitees, or the obligation
of KIEWIT to indemnify, defend and hold harmless the UTILITY Indemnitees, for any
consequential or punitive damages payable to third parties resulting from any act or
circumstance for which the UTILITY or KIEWIT, as applicable, is obligated to indemnify
hereunder.
Docusign Envelope ID: 2414A8D5-1C8F-835B-805E-48257C6DBE91
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT AS OF THE DAY AND
YEAR LAST WRITTEN BELOW.
Signed by: UTILITY
L Psl�u.
CSAA 71l
Signature
Rob Putaansuu
By (Print Name)
Mayor
Signed by: KIEWIT
�c A4Lts rDIlln,S0t1t
O)ACUOAnPl11A CA
Signature
James Robinson
By (Print Name)
Project Manager
Title Title
5/28/2026 5/28/2026
Date Date
ATTACHMENTS:
® ExhibitA— Assignment/Delegation of Utility Permit/Franchise Rights & Obligations
® Exhibit B — Plans (as designed by KPFF)
❑ Exhibit C — Special Provisions (Not Applicable)
N Exhibit D — Design & Construction — scoping
Docusign Envelope ID: 2414A8D5-1C8F-835B-805E-48257C6DBE91
Assignment/Delegation of Utility Franchise/Permit Rights and Obligations
This is a Limited Assignment of Rights and Delegation of Obligations ("Assignment") by and
between the Washington State Department of Transportation ("WSDOT") and Kiewit
Infrastructure West Co. ("Design -Builder").
RECITALS
WSDOT entered into a design -build contract with Design -Builder, for a highway improvement
project within the following locations in Kitsap County, Washington for the SR 3/SR 104/SR
303/SR 307/SR 308 Kitsap County — Remove Fish Barriers Project:
a. State Route 3, Mile Post 41.52 to 59.55;
b. State Route 104, Mile Post 16.55 to 22.95;
c. State Route 303, Mile Post 6.63 to 6.90;
d. State Route 307, Mile Post 1.34 to 1.45;
e. State Route 308, Mile Post 0.94 to 2.16
2. The Project requires the relocation of utilities that are located on WSDOT right of way pursuant
to certain Utility Permits or Franchises.
3. WSDOT determined that it is in the best interest of the State of Washington and the traveling
public to temporarily assign certain rights and delegate certain obligations under the Utility
Permits and Franchises to the Design -Builder for the orderly, efficient, and effective relocation
of utility facilities for the Project.
4. Design -Builder agrees that WSDOT's temporary assignment of rights and delegation of
obligations under the Permits and Franchises will facilitate the orderly, efficient, and effective
relocation of utility facilities for the Project.
NOW, THEREFORE, IT IS MUTUALLY AGREED THAT:
In consideration of the orderly, efficient, and effective relocation of utility facilities located within
state highway right of way in support of the Project, WSDOT does hereby assign, transfer, and
delegate unto Design -Builder the Utility Permits and Franchises identified in Exhibit A, subject to
the terms and conditions set forth below.
1. This Assignment includes only those rights and obligations under the Permit or Franchise (and
the General Provisions, Special Provisions, and Exhibits of the Permit or Franchise, if any) that
are necessary or convenient for the Design -Builder to execute the Project.
2. This Assignment includes any amendment to, or replacement of, the Permit or Franchise (and
the General Provisions, Special Provisions, and Exhibits thereto, if any) issued by WSDOT after
the date of execution of this Assignment.
3. This Assignment does not include the right to amend, revoke, cancel, issue or otherwise modify
the Permit or Franchise.
4. This Assignment is non-exclusive and WSDOT retains the right to exercise all rights and
obligations under the Permit or Franchise.
5. This Assignment shall automatically terminate upon completion of the Project, unless
terminated earlier by WSDOT in writing.
Docusign Envelope ID: 2414A8D5-1C8F-835B-805E-48257C6DBE91
6. Design -Builder agrees that it shall be solely responsible for any causes of action or claims, if
any, that arise between the Design -Builder and the Utility during the term of this Assignment;
therefore, Design -Builder, its agents, employees, contractors, successors or assigns, will protect,
save and hold harmless WSDOT, its authorized agents and employees, from all claims, actions,
costs, damages (both to persons and property), injuries or expenses of any nature whatsoever by
reason of the acts or omissions of Design -Builder, its agents, employees, contractors, successors
or assigns, arising out of or in connection with Design -Builder's or its agents', employees',
contractors', successors', or assigns' acts or omissions related to this Assignment; provided, that
if the claims or damages are caused by or result from the concurrent acts or omissions of (a)
WSDOT's authorized agents or employees and (b) Design -Builder, its agents, employees,
contractors, successors or assigns, this indemnity provision shall be valid and enforceable only
to the extent of the acts or omissions of Design -Builder, its agents, employees, contractors,
successors or assigns. This provision shall survive the termination of this Assignment.
7. The Design -Builder shall not assign or transfer the rights or obligations granted in this
Assignment in any manner whatsoever, unless WSDOT consents thereto in writing.
8. WSDOT shall provide a copy of this Assignment to the Utility after it is executed by WSDOT
and Design -Builder.
9. The Design -Builder shall exercise its rights and obligations granted in this Assignment in a
reasonable and prudent manner.
Design -Builder hereby accepts the rights
and assumes the obligations from WSDOT
as set forth above.
�usr�-✓ D�3/�r�.J
Title: Area Manaqer
WSDOT hereby assigns the rights and
delegates the obligations as set forth above
to Design -Builder.
Title: Olympic Region Utility Manager
Dated: 2/20/2024 Dated: 2/26/2024
2
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Docusign Envelope ID: 2414A8D5-1C8F-835B-805E-48257C6DBE91
James.Robinson
From: Chariti Zlateff <Chariti.Zlateff@kpff.com>
Sent: Tuesday, March 10, 2026 4:41 PM
To: Scott Wolf
Cc: James.Robinson; Patrick.Sloan-PTR; Trevor.Lighty-PTR; Tim.Knighton-PTR
Subject: [External]Gorst Meeting - Site D - Waterline Plan
Attachments: XL6547_B P-WA_notes. pdf
Follow Up Flag: Follow up
Flag Status: Flagged
Gorst Meeting — Notes — March 10, 2026
• Pressure Test — 250 PSI for an hour
o City of Port Orchard, Chapter 8 — Design Standards for Water Extensions
■ 20. Water Main Inspection and Testing
• System Appurtenances — COPO Drawing 880 - Alter
o Do not drill hole is 90
■ REMOVE drill hole direction
o ADD LOCATE WIRE
o Attach altered drawing to plan to use for this installation
• ADD LOCATE WIRE Along top of installed PIPE for project
• Sand - Casing material
o City of Port Orchard, Chapter 8 — Design Standards for Water Extensions
■ D. Special Construction (Pipeline Casing)
■ 9. Sand
Unless specifically required by the City Engineer, sand shall not be used in a casing for
filling between the casing and carrier pipe. In those instances where the City Engineer
does require sand, it shall be clean and 90-100 percent will pass the No. 4 sieve. Not
more than 5 percent will pass the No. 200 sieve. Sand shall be free from clay and
organic material.
Please see the attached notes updated on the plan. Let me know if you have any questions
Thank you,
Chariti
Chariti Zlateff, PE
kpffCivil Engineer, PE (ID, WA and NV)
0 986.860.8452 Cell 509.434.4042
509 West Hanley Avenue, Suite 203
Coeur d'Alene, ID 83815
1
Docusign Envelope ID: 2414A8D5-1C8F-835B-805E-48257C6DBE91
GORST VICINITY - REMOVE FISH BARRIERS
UTILITY RELOCAITON DESIGN & CONSTRUCTION — WATERLINE, SITE D
Site D - Overview
The Anderson Creek Transmission line runs parallel to the WSDOT ROW on the inside curve (south and
west of alignment) crossing perpendicular to the SR16 alignment near the creek crossing. Main is 16"
ductile iron encased beneath the highway which traverses the terrain area in a valley within the limit of
the utility crossing. A widening is proposed to accommodate a temporary bypass road for MOT which
will require an extension of the main and casing and relocation to the southwest. The current concept
to be progressed to final design includes relocating the 16" water main below the lowered temporary
widening for MOT and permanently leaving the relocated pipe in place. This work is being proposed as
the utility is in direct conflict with work to be performed as part of WSDOT Contract C9920 — Gorst
Vicinity Fish Passage; and to meet conditions in franchise agreement between WSDOT and City of Port
Orchard
Design Services
Include:
• Meetings — as identified in the attached fee worksheet, shall include:
o Bi-weekly meetings with WSDOT, akin to Task Force meetings to keep them informed on
design development.
o Owner Meetings — City of Port Orchard to work through technical issues.
o Kiewit and Team Meetings
• Preparation of utility plans, profiles, details and specifications. Refer to fee spreadsheet for
assumed number of plans.
• Owner is responsible for submission to WSDOT.
• Plan reviews will be limited to a constructability review performed by Kiewit prior, an over -the -
shoulder review with WSDOT at the 60% design level. KPFF to resolve all comments from
WSDOT and the utility owners and provide a formal submittal to WSDOT at 100%. Comments
from the 100% review will be resolved prior to RFC.
Assumptions
• KPFF assumes no alternatives analysis or geotechnical coordination will be required at Site D.
• KPFF assumes no utility variance will be required at Site D.
• The Site D 16" water main can be shut down for the relocation without any water sequencing
plans or details and no special provisions for construction staging of the 16" water main.
• City of Port Orchard Standard Detail for Thrust Blocking may be utilized without custom thrust
block design and calculations.
Exclusions
Updates to plans beyond what is scoped herein to be addressed by others. This scope does not
include any revisions to the current plans such as Site Preparation, TESC, or to address conflicts
with drainage, for example. The RFC plans for other disciplines are already completed and work
doesn't cover updates to other RFC sheets.
This scope of services does not include calculations or modeling of the water distribution
system. It is assumed that the main will be replaced in kind and any modifications will not have
an appreciable impact on the performance of the system. Necessary modeling or calculations
will be performed by the utility owner.
Docusign Envelope ID: 2414A8D5-1C8F-835B-805E-48257C6DBE91
Construction Work
Include:
• Mobilization & Demobilization
• Remove Water System as shown
• Install new 16" butterfly valves
• Extend new 30" split casing to be seem welded after installation
• Installation of new 16" pipe extending out of new slope cut
• Test and flush system per Port Orchard Water
• Backfill with bedding per Port Orchard Water details
Assumptions
• Final design, dated March 6, 2026; and meeting minutes prior to March 17, 2026
• All lane closures of SR16 per C9920 allowable hours
• Allowable outage up to 10 -calendar days
• As -Built survey
• Working hours include both day and night; along with weekends
• Illumination required to complete work at night
• Assumed existing line is in good working condition with no leaks
• Potholing and verification of utility
• Utility within proximity to as-builts
• Testing of new line prior to testing of old line
• Temporary work including shoring to support excavation
• Quality Control Testing
Exclusions
• Quality Assurance to be provided by City
• Hazardous or contaminated material testing
• Abatement or handling of any contaminated or hazardous material
• Utility permits or franchise agreements
• Water for testing to be provided by City
• No permanent pavement rehabilitation of WSDOT owned road
• Damage or leaks of existing line due to testing
• Any changes from final design to released for construction drawings/specifications
• Any permit fees
• Logging, clear & Grub, and site restoration as part of WSDOT Contract C9920
• Bond