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001-20 - KPFF Consulting Engineers - ContractCITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT THIS Agreement is made effective as of the l't day of Januarv 20]f., by and between the City of Port Orchard, a municipal corporation, organized under the laws of the State of Washington, whose address is: CITY OF PORT ORCHARD, WASHINGTON (hereinafter the *CITY") 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029 And KPFF Consulting Engineers, a corporation, organized under the laws of the State of Washington, doing business at: KPFF CONSULTING ENGINEERS 1601 5rH Ave Ste 1600 Seattle, WA 98101 (hereinaft er the *CONSULTANT") Contact: Marijean Frymoyer Phone: 206.622.5822 Email: Marijean.frymoyer@kpff.com for professional services in connection with the following Project: Six-Year (2020-2025) Bridge Management Program TERMS AND COI\IDITIONS 1. Services by Consultant. A. The Consultant shall perform the services described in the Scope of Work attached to this Agreement as Exhibit "8." The services performed by the Consultant shall not exceed the Scope of Work without prior written authorization from the City. B. The City may from time to time require changes or modifications in the Scope of Work. Such changes, including any decrease or increase in the amount of compensation, shall be agreed to by the parties and incorporated in written amendments to the Agreement. 2.Schedule of Work. A. The Consultant shall perform the services described in the Scope of Work in accordance with the tasks identified within Exhibit "B and and the terms of this Agreement. If delays beyond the Consultant's reasonable control occur, the parties will negotiate in good faith to determine whether an extension is appropriate. B. The Consultant is authorized to proceed with services upon receipt of a written Notice to Proceed City of Port Orchard and KPFF Consulting Engineers Public Ll/orks Project No. Pllt2ll9-013 P rofe s s io na I Serv i ce A gre e me nt Co n tract N o. C 0 0 I - 2 0 C:\UsersUFloyd\AppData\Local\Microsoft\Windows\Temporary lnterne{ Files\Content Oudook\OtUt70NE\C001-20-KPFF Consulting Engineers-Bridge Management docx Rev 7/182019 I of ll 3 Terms. This Agreement shall commence on January 1.2020 ("Commencement Date") and shall terminate December 31. 2025 unless extended or terminated in writing as provided herein. The City reserves the right to offer two (2) one-year extensions prior to contract expiration to retain the selected company's services. 4. Compensation. LUMP SUM. Compensation for these services shall be a Lump Sum of $ TIME, AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed $212.145.00 without written authorization and will be based on the list of billing rates and reimbursable expenses attached hereto as EM!! "8/.." 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 " ." OTHE,R. 5. 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 ofthis 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 5l RCW, Industrial Insurance. E. If the services rendered do not meet the requirements ofthe 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. 6. Discrimination and Compliance with Laws 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, City of Port Orchard and KPFF Consulting Engineers Public Works Project No. PLI/2019-013 P rofe s s io na I S e rv i ce A gre e me nt C ont ract No. C00 I - 2 0 C:\UsersUFloyd\AppData\Local\Microsoft\Windows\Temporary Intemet Files\Content Outlook\0H3870NE\C001-2O-KPFF Consulting Engineers-Bridge Management docx Rev 7/18/2019 2ofll tr 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. 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 term(s) 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. C. The Consultant shall obtain a City of Port Orchard business license prior to commencing work pursuant to a written Notice to Proceed. D. Violation of this Paragraph 6 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. 7. Relationship of Parties. 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 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. Suspension and Termination of Agreement 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 rerrsonable 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 City of Port Orchard and KPFF Consulting Engineers Public Works Project No. PW20l9-013 P rofes s io nal Service Agreemenl Contract No.C00 I - 20 C:\UsersUFIoyd\AppData\Iocal\Microsoft\Windoun\Temporary Internet Files\Conten;rTrrrT[YiltfuNE\Coo1-2O-KPFF Consulting Engineers-Bridge Management.docx 3 of ll 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. 2. 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, ffid all damage sustained, or which may be sustained, by the City by reason of such default. D. Suspension. The City may suspend this Agreement, at its sole discretion. Any reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's reasonable expenses, and shall be subject to verification. The Consultant shall resume performance of services under this Agreement without delay when the suspension period ends. E. Notice of Termination or Suspension. [f 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 Section 15 herein. 9. 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. 10. Ownership of Work Product. A. All data, materials, reports, memoranda, and other documents developed under this Agreement whether finished or not shall become the property of the City, shall be forwarded to the City at its request and may be used by the City as it sees fit. Upon termination of this Agreement pursuant to paragraph 8 above, all finished or unfinished documents, reports, or other material or work ofthe Consultant pursuant to this Agreement shall be submitted to the City. Any reuse or modification of such documents, reports or other material or work of the Consultant for purposes other than those intended by the Consultant in its scope of services under this Agreement shall be at the City's risk. B. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in the Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, the Consultant shall bear no responsibility for its disclosure, City of Port Orchard and KPFF Consulting Engineers Public l{orlcs Project No. PW20l9-01i P rofes s io na I S e rv ic e A gre e me nt C o ntract N o. C 00 I - 2 0 C:\UsersUFloyd\AppData\lnca.l\Microsoft\Windows\Temporary Interna Files\Content Outlook\0H3870NE\C001-20-KPFF Consulting Engineers-Bridge Management docx Rev 7/18/2019 4ofll inadvertent or otherwise. The Consultant is permitted to disclose any such information only to the extent required by law, subpoena or other court order. 11. 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. 12. Indemnification. The 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 all legal costs and attorneys' fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries or 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, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. The provisions of this section shall survive the expiration or termination of this Agreement. IT IS FURTHE,R SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HERE,IN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 5I RCW, SOLELY FOR THE PURPOSES OF THIS INDE,MNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THE,Y HAVE, MUTUALLY NEGOTIATED THIS WAIVER. 13. Insurance. The Consultant shall procure and maintain for the duration of this 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: l. Automobile Liabilitv insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (lSO) form CA 00 0l or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on [SO occurrence form CG 00 0l or a substitute form providing equivalent liability coverage and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named by endorsement as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. City of Port Orchard and KPFF Consulting Engineers Public ll/orl<s Project No. PW2019-013 P rofes s io nal Serv ice A gree me nt C o nlract No. C 00 I - 20 C:\UsersUFloyd\AppData\Lncal\Microsoft\Windor.rn\Temporary Intemet Files\Co:firT#[Yf 870NE\C001-20-KPFF Consulting Engineers-Bridge Management docx 5 of ll 3. Workers' Compensation coverage as required by the Industrial lnsurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: l. Automobile Liabilitv insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $ 1,000,000 each occurrence, $2,000,000 general aggregate. 3. Workers' Compensation Employer's Liability each accident $1,000,000, Employer's Liability Disease each employee $1,000,000, and Employer's Liability Disease - Policy Limit $ 1,000,000. 4. 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 lnsurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage 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. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City will not waive its right to subrogation against the Consultant. The Consultant's insurance shall be endorsed acknowledging that the City will not waive their right to subrogation. The Consultant's insurance shall be endorsed to waive the right of subrogation against the City, or any self-insurance, or insurance pool coverage maintained by the City. 4. If any coverage is written on a "claims made" basis, then a minimum of a three (3) year extended reporting period shall be included with the claims made policy, and proof of this extended reporting period provided to the City. D. Acceptability of Insurers City of Port Orchard and KPFF Consulting Engineers Public Works Project No. Pllt2}l9-013 P rofes s io na I S e rv ic e A gree m e n I C on trac t N o. C 00 I - 2 0 C:\UsersUFloyd\AppData\t ocal\Microsoft\Windows\Temporary lntemet Files\Content Outlook\OH3870NE\C001-20-KPFF Consulting Engineers-Bridge Management docx Rev 7/18/2019 6ofll 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 cerlificates 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. 14. Assigning or Subcontracting. The Consultant shall not assign, transfer, subcontract or encumber any rights, duties, or interests accruing from this Agreement without the express prior written consent of the City, which consent may be withheld in the sole discretion of the City. 15. Notice. Any notices required to be given by the City to the Consultant or by the Consultant to the City shall be in writing and delivered to the parties at the following addresses: Robert Putaansuu Mayor 216 Prospect Street Port Orchard, WA 98366 Phone: 360.876.4407 Fax: 360.895.9029 CONSULTANT KPFF Consulting Engineers 1601 5th Ave Ste 1600 Seattle, WA 98101-3665 Phone: 206.622.5822 Emai I : Marij ean. frymoyer@kpff.com 16. Resolution of Disputes and 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. 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 parly shall be entitled to recover its costs, disbursements, and reasonable attorneys' fees from the other party. 17. General Provisions. A. 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 City of Port Orchard and KPFF Consulting Engineers Public Worl<s Project No. PW20l9-013 P rofess io na I Service Agreement Contract No.C00 I - 20 C:\UsersUFloyd\AppData\trcal\Microsoft\Windows\Temporary Intemet Files\Confiff#68"870NE\C001-2O-KPFF Consulting Engineers-Bridge Management docx Tofll 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. B. Modification. No waiver , alteration, modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Consultant. C. Severability. The provisions of this Agreement are declared to be severable. [f any provision of this Agreement is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other provision. D. Entire Agreement. The written provisions of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner whatsoever, the Agreement or the Agreement documents. The entire agreement between the parties with respect to the subject maffer hereunder is contained in this Agreement and the Exhibits attached hereto, which may or may not have been dated prior to the execution of this Agreement. All of the above documents are hereby made apart of this Agreement and form the Agreement document as fully as if the same were set forth herein. Should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, then this Agreement shall prevail. 18. 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, Pa.rt 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: l. 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 apart of this Agreement. 2. 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 2l . City of Port Orchard and KPFF Consulting Engineers Public Worlcs Project No. PII/2019-013 P rofe s s io na I S erv ic e A gre e me n I C o ntrac t No. C 0 0 I - 2 0 C:\UsersUFloyd\AppDua\Local\Microsoft\Windows\Temporary lntemet Files\Content Outlook\0H3870NE\C001-20-KPFF Consultrng Engineers-Bridge Management docx Rev 7/18/2019 8ofll 3, Solicitations for Subcontrachr lncluding Procurements of Materials and Equipmentr In all solicitations, either by competitive bidding, or negotiation made by the Consultant for work to be performed under a subcontract, including procuromonts ofmaterials, or leases of equipment, each potential subcontaotor or supplier will be notified by the Consultant of the Consultant's obligations under this Agreement and the Acts and the Regulations relative to Nondiscrimination on the grounds of race, color, national origin, sex, &ge, disability, income-level, or LEP. 4. Information and Reports: The Consultant will provide all information and reports required by the Aots, the Regulations and dircctives issued pursuant ther€to and will permit access to its books, records, accounts, other sourc€s 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 rcfuses to furnish the information, the Consultant will so certifl to the City orthe FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. 5. 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: 1. withholding payments to the Consultant under the Agreement until the contractor complies; and/or 2. cancelling, terminating, or suspending the Agreement, in whole or in part. 6. Incorporallon of Provislons: 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 A6, ttre Regulations and directives issued pursuant thereto. The Consultant will take action with rospect to any subcontract or procursmsnt 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 subcontraotor, or supplier becauso 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 ths United States to entor into the litigation to protect the interests of the United States. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set fordr above. CITY OF PORT ORCHARD, WASHINGTON By: Robert ATTES By: City Clerk APPROVED AS TO FORM: CON RT i{P o (_ t R o 4 n4SI City olPort Orchatd and KPFF Consulting hgineers Pttblic Worb Project No. Pry20l9-013 Professiotwl Semice Agreement Conlruct N o.@0 1 -20 U:\BTIGINEERII{G1STRtrEI\Lord-Trcroon &ilso\ADMIT{\2u0-2O15 -*,ffiTrffi-iaifl !-20-KPFF Conr/ting EuhccnJrite nreee '*.don 9ofll Mayor By:a TE:* tt By Cates, City City of Port Orchard and KPFF Consulting Engineers Public lYorl<s Project No. Pl(2019-013 P rofe s s io na I S erv ice A gree m e nt C o n I ract N o. C 0 0 I - 2 0 C:\UsersUFloyd\AppData\local\Microsoft\Windows\Temporary Intemet Files\Content Outlook\0H3870NE\C001-20-KPFF Consulting Engineers-Bridge Management docx Rev 7/182019 l0ofll 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 (42U.S.C. $ 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 2l . 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. Part27; The Age Discrimination Act of 1975, as amended,(42 U.S.C. S 6l0l 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. $$ l2l3l-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-lncome 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,lmproving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to -ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. l68l et seq). City of Port Orchard and KPFF Consulting Engineers Public Worl<s Project No. PlY2Ol9-013 P rofes s ional Service Agreement C ontract No. C00 I - 20 C:\UsersUFloyd\AppData\hcal\Microsoft\Windows\Temporary Intema Files\Co:fiffffi\5"E70NE\C0ol-20-KPFF Consultng Engineers-Bridge Management docx ll of ll a a a a a a a a a a a a '1501 Fifth Avenue. suite'1500 seatfle, wA 98lo't 205.622,5822 kpff .com October 17,2019 Mark R. Dorsey, P.E. Public Works Director/City Engineer City of Port Orchard Department of Public Works 216 Prospect Street Port Orchard, WA 98366 SubJect: KPFF Slx-year 12020-2025) Gonsultant Fee Est mate Dear Mark, KPFF six-year (2020-2025) consultant fee estimate for the On-Call Bridge Management program is summarized below. Consultant fees include:o Program Management for Lund Vehicle Bridge and Bay Street Pedestrian Bridgeo Routine lnspection of both bridges every two years (including UBIT costs on a 4 year cycle for Lund Bridge)o Additional site visit of each bridge, if neededo Survey monitoring of the Lund Bridge abutment walls. ContracUpermit preparation, advertisemenUconstruction support for Lund bridge repairs (2021) Lund Ave Vehicular Bridge Lund Ave Vehicular Bridge Lund Ave Vehicular Bridge Bay Street Ped. Bridge Bay Street Ped. Bridge Year 2020 2021 2022 2023 2024 2025 Estimated Cost$ $18,485.00$ 77,160.00 $ 26,000.00 $ 24,900.00$ 23,100.00$ 42,500.00 2020 Fee Est mate Task Name Additional Site Visit as Needed Program Management Su rvey Monitoring (November) Routine lnspection - no boats/climbing (7 t01t2020) Additional Site Visit as Needed TOTAL Est mated Cost $ 1,815.00 $ 8,755.00 $ 3,600.00 $ 2,500.00 $ 1,815.00 $ 18,485.00 2020 to 2025 Consu tant Fee Est mate: lSol Fifrh Avenue, suite't500 seartte, wA 98101 206,622.5822 kpff .com Additionally, KPFF routinely updates employee rates in January/July of each yeat. The most recent rate change is in excess of the hourly rates listed in Exhibit A of our 2019 On-Call Bridge Management Program contract. I would like to request a change in this allowabte hourly rate, is detailed below. Classific ation Current Hourly Rate in Contract $67.15 $30.s8 $46.62 $43.23 $4s.84 Updated Rate KPFF's current WSDOT Approved Overhead Rate is also in excess of the rate stated in Exhibit A. I would like to request a change in this allowable overhead rate as well, detailed below. No changes in our contract totals are requested at this time. Project Manager Project Coordinator Senior Engineer Project' Surveyor/Desig n Engineer CADD Technician $67.79 $30.58 $52.8e $46.73 $51.92 Current OH Rate in Contract 136.25o/o Updated Rate 137.21o/o KPFF is very pleased to have been able to provide services for this project, and we look forward to working with the City throughout the duration of this and any future projects. lf you have any questions orwould like to discuss this item further, please call me at (206) 622-5822 or email me at a n ne. streufert@kpff. com. Sincerely, Anne M,F. Streufert, PE, SE Project Ma n ager/Associate /- 160l Fltth Avenuc, Sulre 160o sertilo, wA 9E1ol 206.622,5t22 hpr,com O[h'b;+ k December 20, 2018 Mr. Mark Dorsey Clty d Port Orchard Publlc Workg Dlrector 216 Prospoct Slreet Port Orchard, WA 98366 Su ct Conuact 0+16 blt B Chm l tlear Maik, KPFF fee etmate lor our 2019 Contsact Exteneion to the On-Call Bndge Management program is summarlzod below. 19 t male: Lund Ave Vchhrlar Brldge Lund Ave Vchlcular Bddge Lund Ave Vehlcular Bddge Lund Avc Vehlcular Bddgc Lund Ave Vehlcu ar Brldge Bay Strcet Ped. Brldge zOE! Lund Ave Vehlcu ar Brldge Lund Ave Vehlcuhr Bridge Lund Aw Vehlcular Br dge Bay Street Ped. Brldge Bay Street Ped. Brldge Prolect Manager Propa Coord nator Senlor Englneer Prof ect &r rueyo/tleelgn En glneer CADD Technlclan Prcgram Management Rcrutlne lnepection (1 0Ol /201 9) Suruey Monlbdng (1 1/011201 9) Additional Slt€ VlBltB as Neecbd Gontract Ad & Condructlon Support for Bddge Rehab Worlr AddiUonal Slte Vlglts as Needed TAL Program Management Su ruey Monltorlng 11 1 lO1 l2020l Addltlonal Slte Vlelts as Needed Routine lnepecUon lO7 lO1 l2020l Addltbnal Site Msib as Needed $ $ $ $ s 1 8,5(Xr.00 45s0,00 3,600.00 1,650.00 9,000.00 3,000.00 1,815.00 2,500.m I 5.00 Sez,ts $30.58 $46.62 $43.23 04s.84 $ $ $ Addltlonally KPFF rouUnely updates employee raEs ln January/Juty of each yoar. The moet recent rate drange ls ln excess d the hourty ratee llcted ln Exlribit B ol our 2018 On€all Brldge Management Prcgnm contract. uould llke to r€quost a change in thig al oulable hourly rate, as deb led below. The two year cmtract total rvould remain 046,435.00. Clacalllcr- i 27.950.0C i 18.t085.00 160l Flrth Avenuc. Suite 16o0 Scattte, wA gEtot zo6.6za.5cz2 rpff.com KPFP8 curront WSDOT Approved Orcftead Rate ie ateo ln exoogs d he rate stated ln Exhlblt B. I would ke to t€quost a change ln tilE allouuable orsrhead rete aB welt, detailed below. No changes in ou le are roqueeted at lhis time. Correepondlngly, lhe contrac't total uould remain ln 136.25% na M.F. StreuferL PE, SE P rol ect Manag e r/Associate b 133.21oYo KPFFIs very pleasod to haw been able to prordde eeMces for thie proicct, and ule look lorunrd to uuorldng urlth ho Clty lhloughflt tre drrraton of thls and any future prc{ecte. ll }lou have any questlons or wou d llke to dbcuss trb item further, please calL me et (ZO0) 622-5g22or emall- me at anne.gtreufeil ffi.com. CNT OF POf,T ffiCl{^XD BRIDGE PH}ER^iI AflNqPATED G6I3 Rtn g'( TEAT t,IAffIEilAre AllD IFAN FlrIII 'l4thc ltrplctlor cEry 2 yr5' - olrn rrErngon lolnrr of rndldcbri: cucry 12 mntls, Lud Aw lrifte UEIT lnrFclim ?ye.y 4 yerri. - tumow mos from tidrydk/b.ntr lotni rvrry t2 months (Lund) scflr/dodon mmitorinl a3 madad. City to monltor rfrer ttorm cvEntr . Clran pVC biidtr d[ln,ystcil ucc . yril. Lund Aw Md5e $rucy modtorlna rt .butmnt wrlls .nd pi.r S cvcry 12 monthr . .rsume Lund Bp ,.llr wlll nred to b€ ,lpdrcd c[ry 4 y€ils liy Str€ct Pcd Srldlr Htndt{rch luperlton ffiry 4lr*r POST EARTHQUAI(E INSPECTIONS Sl6NlFlCANf REPAIf,S FROM TffUcK OR OTHER TYPE DAMAGE /, e loqe ?ruct going ove4 ond cousing signilicona domoqe to loilsl SCOUR FEPAIRS FEPATR OR REPLAC€ EXpANStON JOINTS (EXC[pr As tNctuDED tN 2o2t ffrFAtR pAcKAcrJ REGUI.AR ERIOGE CI.EAilIN6 . HIGHER UPFNONT COSTS, BUT LOWER I,ONG TERM COSTS (]ATK IO ANNE OR MARUEAN 'I IN I ERISTTOI YEAR E5TIMATED OATE TASI(coMMff{TS TJNMAlED cosr YEARLY COST ESIIMATED -epair damaB+! handrails, type BP Bv WSDOT, or other Contractor as Attvmc Cily to Pro$ide Escon. 1/lO Clean expansion ioints ol sand/debrls (Cityl Remove moss from sidewalks/barrier ioints, (City) Clean Bridge Drains (City) 5s,9Es Program Management lConsultantl City to confirm malntenance corts For use as Needed S8,7s5 November Assumc City to Provide Escort.s3,600 Lund Auc Vehiol.r lddtc M iscellaneous Repairs s 9."_1|!g1, t"!IEE":r.glEC_,__._ S12.ooo 54t,tss Assume City to onrrunce dosure ond Provlde signoqe, il nceded s2,soo7/t 20lo B!y 5lr!rl Prd B'ldt? Rouline lnspection - no boats/climblng (Consultant) Addillonal Site Vistt as Neede! (Consultant) _ _ . ._ Mlscellzneous Rrpairs !!1i_ 91 500 $s,ars to/tt Clty lo add cost for flaggers. Assume City to Provlde Exort. {ssume City to Providc Eseorl. sr8,000 s2,000 $Jo,ooo ,an - April Jan - April s12,000 Assume pctmits Joll under mointenonce ond repoit Adveftise repaits to bE completed by Controctot s17s,000April - May 1130 City to confirm maintenance costs $6,r00 lUBtr & ns,J1in. lnspection (Consultant & Other pubti( Agencv Equipment) lAdditional slte Vlsrt as Needed (Consultant) lPrepare Division 1 specials, update/revise PSE packaEe, adverstisement support, construction support (Consultant) Prepare permit applications for repair work (Consultant) Replace seismic restraine15, girder repairs, drain repair. erpansion joint Clean expansion loints of:and/debris lCity) Remove moss from sidewalks/barrier.ioints (City) --._l replacem glt [c:j!99!gL_--_ For use as Needed s9.2u0 Assume clry b Provide Escofi. Lund Ava Vrhiculrr lrldic Miscellaneous Repairs Sqrv-ey Moniloring (Consultant) Sr?.ooo t16r,a6o Additional !!!e Visit as NEeded lConsultant)92.m 202t D.y Strrci rcd. Brldjr Mlscellaneous Repairs S1.5oo Sr,soo as Assume City to Provide Escotl.Sr,laa Remove moss from ,_Lgq!! lqityl Clean erpansion joints of sand/dcbris (Citvl 16,7oo7l10 .9{!!n !!!:L!nr!!-r-1c- g:y!!{!!l*- Cost provlded by WSDOT to perform fg? udc rr NGCdld these tasks simultaneouslv s9,500 Altafi,. Ary b Provldc Escott.54, t0o Lund Ave vchicul.r Bild!! Miscellaneous ReDairs (Coflillt.nl)Srrrvty Sr2,ooo sr4,soo November Routine lnrpection - hands-on/climbin6 (Consultant)Assume Cily to onnounce cbsure ond provide signoge, lf neded S8,ooo s2,200 zot B.y Stre€l Ped 8rld3e Miscellaneous Repairs Additronal Site Visit as Needed lConsultantl s1.7S0 $rr,9so Escort-Assume Cltylo Assumc Cily to Provid? E coil. Cost provided bV WSDOT to perform lhese tasks simultaneously. Igry:"q'N"eggg- Assume AW b Ptoekk Escort, lgEg!__ s4,m0 S7,370Llto 11/r erpansion joints of sand/debris (Cityl Remove moss from sidewalks/br.rier joints (Cityf I Site Visit as sultan n a n5 m nt Lond Arc Vchlcuhr Erldt. Re Sll.ooo S4a,rro S2.sm t0r, D.t Str.at Pcd- Brldjc Additlonal Site Vrsit as Needed (Consultantl Miscellaneous Repairs S2,om $4,sm da BP WSDOT or s18.000 to s2.600 S7,5ootllo Cleen erpansion loints of sand/debris (City) Remove moss from sidewalks/barrier joints, (City) Clean B/idge oralns (ciiy) _ ProSram Managemen_t,(Corsultantl City lo confirm maintenance costs For use as Needed 510,100 November Escott. dA V.hlG Miscellaneous Repa irs s13.400 956,500 July Assume City lo onnounce closure ond provide slgnoge, il neede.d 53,oooRoutine lnspection - no boats/climbing [Consultant) s2.500 ao24 E y sl?rlt hd. EridE! Miscellaneous Repairs 52,2 so 57,850 October City lo add cost lor llagte6. Nsume City ao Ptovide Escon. Sz1,600 Asume City to Provldz Escott.s2.700 1/30 & Routine lnspection (Consultant & Other publir Agencv Equipment, s girder cleaning I al Slte Visit as Needed of City to conFirm maintenance costs 17,900 or ulc at il?edcd s10,s00|lovcmb*r Exwt s5.000 lond ^[Vchlcul.? lddSc Miscellaneous Repairs 95r,6@ s2.700 10t5 Baystret Prd trldtG Visir Needed a s2,S00 9s,2m COSTS NOT 'NCLUDED: as Site Vislt as