031-20 - PND Engineers, Inc. - ContractCITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT
TFIIS Agreement is made effective as of the 2l* day of February 2020,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: MayorRobertPutaansuu Phone: 360.876.4407 Fax: 360.895.9029
And PND Engineers, a corporation, organized under the laws of the State of Washington, doing
business at:
PND ENGINEERS, INC (hereinafter the ,,CONSULTANT,)
1736 4'h Avenue S
Seattle, WA 98134-1512
Contact:CarlMcNabb Phone:206.624.1387 Email:cmcnabb@pndengineers.com
for professional services in connection with the following Project:
DeKalb Pier Rubstrip Repair
TERMS AND CONDITIONS
1. Services by Consultant.
A. TIre Consultant shall perform the services described in the Scope of Work attached to this
Agreement as Exhibit "A." The services performed by the Consultant shall not exceed the Scope of Work
without prior written authorization from the City.
B. The City may fiom time to time require changes ormodifications 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 perforrn the services described in the Scope of Work in accordance
with the tasks identified within Exhibit "A" 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 ofPort Orchardand PND Engineers, Inc
Public Worl<s Project No. 2020-003
Professional Service Agreement Contruct No. C03l-20
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3.Terms. This Agreement shall comfllence on &!@@("Commencement Date") and
shall terminateMarch20.2020 unless extended or terminated in rvriting 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.
1. Compensation.
TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not
exceed $2950.00 without written authorization and will be based on the list of billing rates and
reimbursable expenses aftached hereto as Exhibit "A,"
5. Payment.
A. The Consultant shall maintain time and expense records and provide thern to the City
nronthly atier services have been performed, along rvith monthly invoices in a format acceptable to the
City for rvork performed to the date of the invoice.
B. AII invoices shall be paid by City warrant within thirt), (30) days of receipt of a proper
invoice. If the City objects to all or any portion of any invoice, it shall so notifo 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 irnmediately make every effort to settle the disputed portion.
C. The Consultant shall keep cost records and accounts pertainirrg to this Agreement
available for inspection by City representatives fbr three (3) years after final payment nnless a longer
period is recluired by a thild-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 rccords that reflect all iterns of income and expenses of the
Consultant's business, pursuant to Revised Code of Washington (RCW) 5l .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 sub-iect to Title 5l RCW, Industrial
Insurance.
E. If the services rendered do uot meet the requirements of the Agreement, the Consultant
will corect or rnodifo the work to cornply with the Agreement. The City rnay witlrhold payment for such
work until the work rneets the requirements of the Agreement.
6. Discrimination antl Compliance rvith Laws
A. The Consultant agrees not to discriminate against any enrployee or applicant for
employment or any other person in the pertcrnnance 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. Even though the Consultant is an independent contractor with the authority to control and
direct the perfbnnance and details of the work authorized under this Agreement, the work must meet the
City of Port Orchard and PND Engtneers, Irc
Public llorl<s Project No. 2024-003
Pro{essional Sen,ice .Agreement Corttract No. COil-20
UII,NGINEERINC\CITY PROJECTS\Dekllb S@t PiedPhoe 2\Adminumo Repairs\Admin\PND\C031-20-PND EDgineen-DcKslb Picr Rubstrip Rcpair.dm
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approval of the City and shall be subject to the Cit-v'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 norv 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 ofthe perfonnance ofsuch operations.
C. The Consultant shall obtain a City of Port Orchard business license prior to commencing
work pursuant to a u,ritten 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 Agreernent by the Cify, in whole or in part, and may
result in ineligibilit-v tbr ftrrther work fcrr the City.
7. Relationship of Parties. The parties intend that an independent contractor-clieut relationship
rvill be created by this Agreernent. 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 tlre Cit-v. In the performance of the work, the
Consultant is an indepenclent contractor rvith the ability to control and direct the performance and details
of fhe rvork, 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. 'fhe Consultant will be solely and entirely responsible lbr its acts and for
the acts of its agents, employ'ees, 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 r.vork that the Consultant performs hereunder.
8. Suspension and Termination of Agreement
A. Termitration without cause. This Agreement may be terminated by the Cif-v 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 ternrinated upon the default of the
Consultant and the failure of the Consultant to curc such default within a reasonable time after receiving
written notice of the default.
C. Rights Upon Terrnination.
l. With or llithout C'ause. Upon terminatiou for any reason, all finished or
unfinished documents, reports, or other material or lvork of the Consultant pursuant to this
Agreement shall be subrnitted to the City, and the Consultant shall be entitled to just and
equitable compensation for any satisfactory work completed priorto the date of termination, not
to exceed the total cornpensation set forth hercin. The Consultant shall not be entitled to any
reallocation of cost, profit or overhead. The Cor,sultant shall not in anv event be entitled to
anticipated profit on work not performed because of such tennination. The Consultant shall use
its best efforts to mininrize the cornpensation payable under this Agreement in the event of such
Ciq,* of Port Orchard and PND Errgineers, Iru
Public Worlc Project No. 2020-003
.Professional Setice Agreement Contract No. C03l-20
t.i:uENGh!'EERDiG\cIrY PRorEcrs\Dekalb sret Picr\Phase 2'Adnt.rri:rJT[i[tYrt"03l-2GPND EDsiners-DcKalb Pie, Rubstrip Repair dox
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termination. Upon tennination, the Ciry" rnay take over the rvork and prosecute the same to
completion, by conffact or otherwise.
2. Default. lf 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 detbult(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
conpleting the work, and all darnage sustained. or which may be sustained, by the City by reason
of such default.
D. Suspension. The Ciry" may suspend this Agreement, at its sole discretion. Any
reimbursement fcrr expenses incurred due to the suspension shall be limited to the Consultant's reasonable
expenses, and shall be subject to verification. The Consulta.nt shall resume perfonnance 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 slrall be
given to the Consultarrt in writing upon one week's advanoe notice to the Consultant. Such notice shall
indicate the anticipated period of suspensiort. Notice may also be delivered to the Consultant at the
address set fbrth in Section l5 herein.
9. Standard of Care. 'l'he Consultant represents and rvarrants that it has the requisite training, skill
and experience necessary to provide the seruices under this Ageement and is appropriately accredited
and licensed by all applicable agencies and govemmental entities. Services provided by the Consultant
under this Agreement will be perfomred in a rnamer consistent with that degree of care and skill
ordinarily exercised by mernbers of the same profession currently practicing in similar circumstances.
10. Ownership of Work Product.
A. All data, materials, reports, mernoranda, and other docurnents developed under this
Agreement whether frnished or not shall become the property of the City, slrall be forwarded to the City at
its request and may be used by the Ciry as it sees fit. Upon tennination of this Agreement pursuant to
paragraph 8 above, all finished or unfinished documents, reports, or other material or work of the
Consultant pursuant to this Agreenrent shall be subnritted to the City. Any reuse or modificafion of such
docurnents, reports or other material or rvork of the Consultant for purposes other than those intended by
the Consultant in its scope of services under this Agreernent shall be at the City's risk.
B. All written infbnnation subrnittecl by the City to the Consultant in connection with the
services perfotmed by the Consultant under this Agreernent will be safeguarded by the Consultant to at
least the sarne extent as the Consultant safbguards like inforrrration 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 frorn third parties, the Consultant shall bear no responsibility fbr its
disclosure, inadvertent or otherwise. The Consultant is permiffed to disclose any such infbrmation only to
the extent required by law, subpoena or other court order.
11. Work Performetl at the Consultant's Risk. The Consultant shall take all precautions necessary
and shall be responsible for the saf'ety of its employees, agents and sub-consultants in the perfbnnance of
CiN ol Port Orchard and PND Engineers, Inc
Public llorks Project No. 2020-003
Professional Service .4greement Contact No. C03l-20
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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 alry loss of or damage to materials,
tools, or other articles used or held by the Consultant for use in connection rvith the work.
12. Indemnification. The Consultant shall defbnd. indemniff and hold the City, its officers,
officials, employees, agents and volunteers hannless 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 pertbrrnance of this Agreement, except for in-iuries or damages caused by
the sole negligence of the City.
Slrould a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, tlren,
in the event of liabilitv for damages arising out of bodily injury to persons or damages to properqy caused
by or resulting from the concurrent negligence of the Consultant and the City. its officers, officials,
entployees, 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 ortermination of this
Agreement.
IT IS FURTTIER SPECIFICALLY AND EXPRESSLY L]NDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITL'TES THE CONSULTANT'S WAIVER OF
IMMUNITY LINDER INDUSTRIAL INSURANCE, TITLE 5I RCW, SOLELY FOR THE PURPOSES
OF THIS TNDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE
MLITUAT.I-Y NEGOTIATED THIS WAIVER.
13. Insurance. The Consultant shall procure and maintain for the duration of this Agreement,
insurance against clairns for injuries to persons or damage to propert-v which may arise from or in
connection with the performance of the work hereunder by the Consultant" its agents. representatives, or
employees.
A. Mininrum Scope of lnsurance
Consultant shall obtain insurance of the t_vpes described below:
Autornobile Liabilirr* insurance covering all owned, non-owned, hired and leased
vehicles. Coverage shall be rvritten on Insurance Services Office (ISO) form CA 00
0l or a substitute forrn providing equivalent liability coverage. If necessary, the
policy shall be endorsed to provide contmctual liability coverage.
2. Comrnercial General Liabilitl'insurance shall be written on ISO occun€nce form CG
00 01 or a substitute fom, providing equivalent liabilitl' coverage and shall cover
liabiliry* arising from premises, operations, independent contractors altd personal
injury and advertising injury. The City shall be named by endorsernent as an
additional insured under the Consultant's Commercial General Liability insurance
policy with respect to the rvork perfonned for the City.
3. Workers'Compensation coyerage as required by the Industrial Insurauce laws of the
State of Washington.
City o{Port Orchard and PND bryineers. Ittc
Public lforks I'roiect No. 2020-003
Pro/bssional Service Agreenent Contract No. C0-1 I -20
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4. Professional Liabilitv insurance appropriate to the Consultant's profession.
B. IUinirnum Arnounts of Insurance
Consultant shall rnaintain the fbllorving insurance limits:
l. Autornobile Liabiliw insurance with a rninirnum combined single lirnit for bodily
injury zurd property damage of $ 1,000,000 per accident.
2. Cornmercial General Liability insurance slrall be written with limits no less than
$l,000.000 each occurrence, $2,000,000 general aggregate.
3. Workers' Cornpensation Employer's Liability each accident $1,000,000, Employer's
Liability Disease each ernployee $1,000,000, and Employer's Liability Disease -
Policy Limit $ 1,000,000.
4. Professional Liabilitv insurance shall be written with lirnits no less than $1,000,000
per claim and $1,000,000 policy aggregate limit.
C. Other Instrrance Provisions
The insurance policies are to contain, or be endorsed to contain, the follorving provisions for
Automobile l.iability. Professional l,iability and Commercial Ceneral Liabiliry insurance:
l. 'Ihe Consultant's iusurance coverage shall be primary insurance as respeot the City.
Any insurance, self-insurance, or iusurance pool coverage maintained by the City
shall be excess ofthe Consultant's insurance and shall not contribute rvith it.
2. The Consultant's insurance shall be endorsed to state that coverage shall not be
cancelled by either parfy, except after thirty (30) days prior written notice by certified
mail, return receipt requested, has been given to the City.
3. The City rvill not waive its right to subrogation against the Consultant. The
Consultant's insurauce shall be endorsed acknowledging that the CiS 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 ooclaims made" basis, then a minimum of a three (3)
year extended reporting period shall be included with the clairns made policy, and
proof of this extended reporling period provided to the City.
D. Acceptability of Insurers
Insurance is to be placed with insurers rvith a current A.M. Best rating of not less than A:VII.
E. Verification of Coverage
City ofPort Orchard and PND Engineers, Inc
Public Worlc Project No. 2020-003
Professional Service Agreement Contract No. C031-20
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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.
14. Assigning or Subcontracting. The Consultant shall not assign, transfer, subcontract or
encumber any rights, duties, or interests accruing frorn 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
Cify shall be in writing and delivered to the parties at the following addresses:
Robert Putaansulr
Mayor
216 Prospect Street
Port Orchard, WA 98366
Phone: 360.87 6.4407
Fax: 360.895 .9429
PND ENGINEERS, INC
Attn: Carl McNabb
1736 Fourth Avenue S, Suite A
Seattle, WA 981 34
Phone: 360.624.1387
Fax: 2A6.624.13 88
16. Resolution of Disputes and Governing Law
A. Should any dispute, misunderstandirrg or conflict arise as to the tenns and conditions
contained in this Agreement, the mafter shall first be referrcd to the Mayor, who shall detennine the term
or provision's true intent or meaning. The Mayor shall also decide all questions which nrav arise between
the parties relative to the actual services provided or to the sufficiency ofthe 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 deternrination in a reasonable time, or if the
Consultant does not agree rvith the Mayor's deoisior on a disputed matter, jurisdiction of any resulting
litigatiou shall be filed in Kitsap County Superior Court, Kitsap County, Washington.
C. This Agreernent shall be governed by and construed in accordance with the laws of the
State of Washington. In any suit or action instituted to enfcrrce any right gmnted in this Agreement, the
substantially prevailing paLty shall be entitled to recover its costs, disbursements, and reasouable
attorneys' fees fiom the other party.
17. General Provisions.
A. Non-waiver of Breach. The tbilure of either party to insist upon strict perfbnnance of any
of the covenants and agreements contained herein. or to exercise any option herein contained in one or
rnore instances, shall not lre construed to be a waiver or relinquishment of said covenants. agreelnents, 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 rvriting and signed by a dul_v authorized representative of the City
and the Consultant.
CiU of Port Ot'chard and PND Engineers, Inc
Public Works Project No. 2020-003
Professional Senice Ag'eement Contract No. C0-1 I -20
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C. Severabilit_v. The provisions of this Agreement are declared to be severable. lf any
provision of this Agreement is for any reason held by a court of competent jurisdiction to be invalid or
tmconstitutional, sttch invalidity or unconstitutionality shall not affect the validity or constitutionality of
any other provision.
D. Entire Agreernent. The written provisiorrs of this Agreenrent, 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 maruler whatsoever, the Agreement or the Agreement documents. The entire agreement
between the parties with respect to the subject matter 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 a part of this Agreement and fbrm the Agreement document
as fully as if the sarne wele set forth herein. Should any language in any of the Exhibits to tlris
Agreement conflict with any language coutained in this Agreement" then this Agreement shall prevail.
18. Title VI
The City of Port Orchard, in accordance rvith Title VI of the Civil Rights Act of 1964, 78 Stat. 252,
42U.5.C.2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation
subtitle A, Office of the Secretary, Pa"t 21, nondiscrirnination irr,federally assisted programs of the
Department of Transpofiation issued pursuant to such Act, must affinnatively insure that its contracts
comply with these regulations.
Therefore, during the performance of this Agreement, the Consultant. tbr itself, its assignees, and
successors in interest agrees as follows:
Compliance with Regulations: The Consultant rvill comply rvith the Acts and the Regulations
relative to Nondisc.rirnination in Federally-assisted programs of the U.S. Department of
'fransportation, Federal Highrvay Adminishation (frHWA), as they may be amended frorn time to
tirne, which are herein incorporated by referene.e and made a part of this Agxeement.
2. Nondiscrimination: The Consultant, with regard to the work performed by it during this
Agreetnent, 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. partZ1.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all
solicitations, either by cornpetitive biddirig, or rregotiation made by the Consultant tbr work to be
performed ttnder a subcoutract, including procurements of materials, or leases of equipment, each
potential subcontractor or supplier will be notified by the Consultant of the Cousultant'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-levcl, or LEP.
City of Port Orclwrd and PND Engineers, Inc
.Public Works Project No. 2020-003
Professional Sen'ice Agreement Contracl No. C03 l -20
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4. lnfirrmation antl Rcporls: lhe Consultant rvill provide all information and reports required by
thc Acs, the Regulations and directives issued pursuant thereto and rvill permil access to its
books. records. accounts. other sources of information, and its facilities as nray be determined by
the Ciry or the IrHWA to be pcrtinent to ascertain compliance rvith such Acts, Regulations, and
inslruclions. Wherc any infomration required of the ConsuJlant is in the exclusive possession of
anothcr rvho fhils or refuses to firmish the information, the Consultant will so ceiliry to the City
or tlru' IrHWA, as appropriate, aud will set forth rvhat efforts it has made to obtain the infonnation.
5. Sanctions for Noncompliance: ln lhc event of the Consultiant's noncompliance with the Non-
discrirnination provisions of this Agreement the City will impose such contract sanctions as it or
the FHWA may detennine to be appropriate, including, hut not limited to:
l. rvilhholditrg paylnetrts to lhe Consultant under the Agreement until the conlractor
complies; and/or
2. cancelling, terminating, or suspending the Agreement, in rvhole or in part.
6. Incorporation of Provisions: The Consultant rvill include the provisions of paragraphs one
through six in ever.y subcontract, including procuremenls of materials and leases of equipment,
unlL'ss exempt lry thc Acts, the Regulations and directives issued pursuant lhereto.'fhe Consultanl
rvill take action rvilh respect lo any subcontnct or procurement as the City or the FHWA may
dircct as a rneans ol'cnfbrcing such provisions irrcluding sanctions fbr noncompliance. Provided,
thar if lhc Consultant becomes involved ilr, or is threatened with litigation by a subcontractor, or'
supplicr bccause of such direction. the Consultant may request the City to enler into any Iitigation
ro prolect rhe interests of the City. In addition, the Consultant may requesl the United States to
enter into lhe litigation lo prolcct lhe interests of the United States.
lN WITNESS WHEREOF, llrc parties have executed this Agreement on the day and year set
forth above.
CI'N' OT PORT ORCI-IARD.CONSULTANl'
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By:By:
Name:
Title:
it
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By:
Cit.y Clerk
lVlal'ey
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ljOlttr'l:
A. Arclrer,
flobert
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(iiS,olPort 0rchartl ancl f ND Ettgineers, lnc
l\blic H'orks Proiect Net. 2A20'(r03
Profcssiornl Setice Aereentcnl Conlract No. C03l'20
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APPENII}IX A
During the perfbnnance of this Agreement. the Consultant, fbr itself, its assignees. and successors in
interesf agrees to comply with the followirrg non-discrimination statutes and authorities; including but not
Iinrited to;
Pcrtin tnt lion-f)iscrimination Authoritics:
Title vl of the civil Rights Act of 1964 (42 u .s.c. I 2000d er seq., 78 sral. 252), (prohibirs
discrimination on the basis of race, color, national origin); and 49 C.F.R. Part2l.
The Uniform Relocation Assistance and Real Property- Acquisition Policies Act of 1970, (42
U.S.C. $ 4601), (prohibits unfair treatment of persons displaced or w'hose property has been
acquired becarme ofFederal or Federal-aid prograrns 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 seqJ, as arnended, lprohibits
discrimination on the basis of disability); and 49 C.F.R. Part27;
The Age Discrimination Act of 1975. as arnended, (42 tJ .S"C. $ 6l0l et seq.). (prohibits
discrimination on the basis of age);
Airport and Airway Improvement Act of 1982, (49 TJSCQ 471, Section 4 7123), as amended,
(prohibits discrinrination hased on race, creecl, 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 I964, The Age Discrimination Act of 1975 and
Section 504 o{'the Rehabilitation Act of 1973,by expanding the definition of the terms "progiranrs
or activities" to include all of-the programs or activities of the Federal-aid recipients, sub-
recipients attd coutractors, rvhether such programs or activities are Federally funded or not):
'l'itles tl and IIlof the Americans rvith Disabilities Act, which prohibit discrimination on the basis
of disability in the operation of public entities, public and private transportatiotl systems, places
of-public accommodation, and certain testing entities (42 U.S.C. S$ 1213 l - l 2l 89) as
itnplenteuted by Department of Transportation regulations at 49 C.P.R. parts 37 and 38;
Tlre FederalAviatiort Administration's Non-discriurirratiou statute (49 U.S.C. S 47123) (prohibits
discrinrination on the basis of race, color. national origin, and sex):
Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Lorv-lncorne Populatious, which ensurcs discrimination against minority
populations by discouraging programs, policies. and activities with disproportionately high and
adverse hunralt healtlr or environnreutal effects on minorify and low-incorne populations;
Executive Order 13166" tmproving Access to Services fbr Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrinrination includes discrimination
because of lirnited English proficiency (LEP). To ensure compliance with Title VI, you must take
reasonable steps to -ellsure that LEP persons have lneaningfirl access 1o your prograrns (70 Fed.
Reg. at 74087 ta 74100);
f itle tX of the Education Antendnrents of 1972. as amended, rvhich prohibits you lrorn
discrirninatirtg lrecause of sex in education progranls or activities (20 U.S.C. l68l et seq).
City of Port O,'chard and PND Engineers, Inc
Public llbrl<.s Project No. 2020-003
Prolbssional Serv'ice Agreemertt Contract No. C03l-20
U:\ENGINEEFJNG\CITY PRo]Ecrs\Dekalb Stru Pier\Phase 2\Aar,"rr"ftr#)il2t"r|tc03l-20-PND Eusin*rs-DeKalh PiqRubsrrip Repair.dex
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EXHIBIT A
I'rebruarl I 9, 202A PNID NIr:. 204A00
Iv{ark I)orsey, I'.11.
Public \X,brks I)irector
216 Prospect Street
Port Orchard, \X/A 98366
Subject: Dekalb Pier Improvements - Rubsrip Repair Task
I)ear l\'lark:
PND Engineers Inc. 8ND) understands that the Cit), of Port Orchard rvould
like PND to revie'uv the Contractor's 2lpproach to reattaching the nrbsrrips to
tlrc l)ekalb Pier floating dock, and to provide starnped calcr-rlations and
drawings ior this puqpose.
It is trtrderstood that the Contractor, NeprLrne, have proposed to fastcn the
existing rubstrips u.rth thr-r-r-bolts itr the aluminum irame. IrI{D has copies of
the original charviugs ancl calculations that were submitted in zAl(t, and a recent
skerch from the Cotrftzrctor of the proposed moclificzrtion.
PND proposes ro provide the City oue stamped drauing of the rubstrip
attachrnent details with stamped calculations to support the design details. The
calculations rvill include an estimation of the difterential morrernent due ro
thermal expansion. as rvell as str'ength criteda of the fasteners and the alunirum
n'alers.
Site visits or inspections are not anticipated, but may be includcd af the Ciry's
request.
f-1 N (; I l'J- ll IiR S, I N (:.
Engineering Services:
(.ivil
Plarning
Sun'eying
Strtrcnrral
Permittine
I-lvdrobw
(ieorechnical
[-invironmental
Transpor:tadon
t{anne Faciiitics
(-oas ra] .[ln$nee rine
Corr t.r'irct Ad rni ni srration
Constrrrction l.iner. Strppor:r
Offices:
Arrchoragc
l5()(r West 3(rdr Ayenue
A rrclrr"rrage, i\l:rsk:r 99503
Plrole: 9tt7.56L 10l I
[;r..lx: 907. S(ti. 4220
-|uneau
936{l (}lacier }hvv, Suire 1(X}
.luneau. Alaska 99801
Pirone: 9A7.58(t.2093
Fax: 9ti7.58(r.?L)99
Seattlc
17\6 For.rrth Aventre S. Slrirt' A
Seuttle, \X/ashirrgron 98 1 34
Phone: 206.624.1387
Fax: 206.624.1i88 lingirreering fees rvill be on a tinre and nrzrlerials basis. according to PNI)'s
curretlt sthtrclard r^te sheet (attach".l). The fees arc cstinratecl tn be $3,000.
PNI) Llngi,eers'com liyou havc qucstions or need further information. please feel free to contact us.
Sincerely,
PND Engineers, Inc. I Seattle Office
,12 /,/ (*l/ /k--*-f-,
Jo, B. I(eiser, P.E.
Vice President
Carl lv{cNabb, P.8,.
Senior Engineer
u
trlusls
F:N(;INIiT;RS. INC;
-Prcllqlrenal
Surv-er ors:
----
'f'echnicianU
PND ENGINEERS, INC. - SEATTLE OFFICE
STA}TDARD RATE SCHEDULE
EFFECTIVE NOVEMBER 2OI9
Senior Engineer VII
Senior Engineer VI
Senior Engineer V
Senior Engineer I\r
Seniot Engineer III
Senior Engineer II
Senior Engineer I
Staff }inginecr V
Staff trnginccr fV
Staff F.nginccr III
Staff Engince.r II
Staff Engineer I
Environmental Scientis t VI
E,nvironmental Scientist V
E nvironmental Scientist IV
E nvironmental Scientist III
Environmental Scientist II
E,nvitonmental Scientist I
GIS Specialist
Senior Land Surveyor III
Senior Land Surveyor II
Senior Land Sun-eyor I
'l'eclurician VI
'f'echnician V
T'echnician IV
'l'echnician Ill
'I'echnician II
'f'echnician I
CAD Designer VJ
CAD Designer V
CAD Designer IV
CAD Desrgner III
$20s.00
$1eo.oo
$17s.00
$165.00
$1s0.00
$140.00
$ 1 30.00
$1 1s.00
$1 10.00
$10s.00
$es.00
$e0.00
$12s.00
$1 1s.00
$10s.00
$170.00
$1s5.00
$140.00
$12s.00
$1 10.00
$es.00
$es.00
$ 1 30.00
$1 1s.00
$es.00
$8s.00
$7s.00
$so.o0
$11s 00
xi10s.0o
$e0.00
$7 s.00
PltOJECT ',rI'I'I.,H,:
CLIE,NT:
T1.\SK:
Rtrbstrip Repair
Ciqv o[ Port Orchard
Rubstrip Repair
204000.00
19-Feb-20
LABOR:
Scnior Senior Senior Staff Cad
Task Eng. \,'II Eng. Y Eng. III Eng. IV Des. Yl Tech IV Total Labor
No. I'ask (Scope of Work) 205.00 175.00 150.00 110.00 115.00 95.00 Flours Cost
I Drawing and calcs 4 I I 2 18 $2,950
Labor Strbtotal:4 4 B 0 2 0 1B
EXPtrNSES:
Item
$2,951)
Expenses
Quantiry' Unit
Cost
per Unit il.{alktrp Cost
Travel - rnileage (see note)
Loclging
X.fezrls and IncicJen tals
\''chicle
i\{rle $0.5s
$1 s1
$(',4
$ 12s
1.1
1.1
1.1
1.1
1.1
Nights
f)avs
Da,vs
Allowance
$o
$o
$o
$o
I,'fisc. ancl Fielcl
Expenses Subtotal:
SUBCONSULTAN IS:
None
00
Nlowance 1,.1
$0
$o
Subconsultants Subtotal:$0
&M
- Expenses
- Subconsultants