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HomeMy WebLinkAboutAG 21-173 - KPFF, INC.` CITY OF
— Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www.federalwaywa.gov
Letter of Clarification Concerning Amendment #1
KPFF, Inc.
160151h Ave, #1600
Seattle, WA 98101
RE: AG 21-173 / CFW # 36232 - 27th Ave SW at SW 344th St Compact Roundabout
To whom it may concern,
It was discovered during the processing of the final invoice supplied by KPFF, Inc. that there was a
discrepancy in the total contract amount listed in three areas on Amendment #1.
1. The amendment language in WSDOT form 140-063 lists "New Maximum Amount Payable" as
$202,998.41,
2. The amendment language in Section III refers to Exhibit D-1 which shows the New Maximum
Amount Payable as $212,595.95.
3. Exhibit A total for Supplement #1 totaled $222,595.95
To clarify this discrepancy, it is hereby agreed by the city and the Contractor that the intention was
Supplement #1 was for an amount of $67,597.54 per exhibit D-1. This results in a total authorized
amount of $212,595.95.
Attached is a corrected exhibit A.
Agreed:
EJ Walsh, PE. Public Works Director
Joh:i McMillan, P.E., KPFF, Inc.
Exhibit "A"
Summary of Payments
Basic
Agreement
Supplement #1
Total
Direct Salary Cost
$47,711.03
$19,532.54
$67,243.57
Overhead
(Including Payroll Additives)
$72,278.29
$28,316.32
$100,594.61
Direct Non -Salary Costs
$11,028.90
$13,888.92
$24,917.82
Fixed Fee
$13,980.19
$5,859.76
$19,839.95
Total
$144,998.41
$67,597.54
$212,595.95
DOT Form 140-063
Revised 09/2005
RETURN TO: PW ADMIN EXT: 2700 ID #: 4246
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT/DIY: PUBLIC WORKS / Engineering Division
2. ORIGINATING STAFF PERSON: John Cole EXT: 2718 3. DATE REQ. BY: 5/29/23
3. TYPE OF DOCUMENT (CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG
❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
❑ ORDINANCE ❑ RESOLUTION
0 CONTRACT AMENDMENT (AG#): 21-173 ❑ INTERLOCAL
o OTHER WSDOT A&E contract Amendment
a. PROJECT NAME: 27th Ave SW at SW 344th St Compact Roundabout
5. NAME OF CONTRACTOR: KPFF, Inc
ADDRESS: 1601 5th Avenue, Suite 1600, Seattle, WA 98101 TELEPHONE: 206-622-5822
E-MAIL: John.McMillan(ftpff.com FAX: 206-622-8130
SIGNATURE NAME: JohnMCMIIIan TITLE: Associate
6. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER
REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
CFW LICENSE # BL, EXP. 12/31/ UBI # . EXP. / /_
7. TERM: COMMENCEMENT DATE-: upon execution COMPLETION DATE: 12/31 /24
8. TOTAL COMPENSATION: $ 202,998.41 (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED: ❑ YES © NO IF YES, $ PAID BY: ❑CONTRACTOR ❑ CITY
RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED
❑ PURCHASING: PLEASE CHARGE TO: d36232-25060
9. DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED
8 PROJECT MANAGER JC 5/15/23
Dgilally aigrn by Chn,liw Mulkn
DIVISION MANAGER fir' Dam.2023.ozr3r W00-07PooI
❑ DEPUTY DIRECTOR
6 DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
d LAW DEPT KVA 7120/2023
10. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE:
SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE:
11. CONTRACT SIGNATURE ROUTING
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: 7/25/23 DATE REC' D: 7125/23
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE
(INCLUDE DEPT. SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.)
INITIAL / DATE SIGNED
❑ FINANCE DEPARTMENT
❑ LAW DEPT
8 SIGNATORY (MAYOR OR DIRECTOR) I v` L
❑ CITY CLERK 1
❑ ASSIGNED AG # AG# 21-173A
❑ SIGNED COPY RETURNED DATE SENT:
COMMENTS:
EXECUTE" " ORIGINALS
WSDOT standard form
1 /2020
AML
Washington State
Department of Transportation
Supplemental Agreement
Number 1
Original Agreement Number
AG 21-173
Project Number
CFW# 36232
Project Title
27th Ave SW at SW 344th St Compact Roundabout
Organization and Address
KPFF, Inc.
1601 5th Avenue, Suite 1600
Seattle, WA 98101
Phone: 206-622-5822
Execution Date
11/16/21
New Maximum Amount Payable
$202,998.41
Description of Work
Provide construction inspection and material testing services.
The Local Agency of City of Federal Way
desires to supplement the agreement entered in to with KPFF Inc.
Completion Date
12/31 /2024
and executed on 11/16/21 and identified as Agreement No. AG 21-173
All provisions in the basic agreement remain in effect except as expressly modified by this supplement.
The changes to the agreement are described as follows:
Section 1, SCOPE OF WORK, is hereby changed to read:
The scope of work is amended per exhibit A-1.
11
Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days
for completion of the work to read: All work under this Agreement shall be completed by December 31.2024
III
Section V, PAYMENT, shall be amended as follows:
See exhibit D-1
as set forth in the attached Exhibit A, and by this reference made a part of this supplement.
If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate
spaces below and return to this office for final action.
By: John McMillan , P _F_ _Kl3FF. Tnr..
nsultant Signature
By: Jim Ferrell.Mayor
Approving AuthoritySignature
-7
Date
DOT Form 140-063
Revised 09/2005
Exhibit "A"
Summary of Payments
Basic
Agreement
Supplement #1
Total
Direct Salary Cost
$47,711.03
$19,532.54
$73,423.51
Overhead
(Including Payroll Additives)
$72,278.29
$28,316.32
$96,784.07
Direct Non -Salary Costs
$11,028.90
$13,888.92
$23,611.40
Fixed Fee
$13,980.19
$5,859.76
$19,099.55
Sub -Total
$144,998.41
$67,597.54
$212,918.53
Management Reserve **
$10,000.00
$10,000.00
Total
$144,998.41
$77,597.54
$222,918.54
** Management Reserve was on original contract routing form
but not in contract. Adding it to this amendment.
DOT Form 140-063
Revised 09/2005
EXHIBIT A - 1
FEDERAL WAY
27th AVENUE SW AND SW 344t" STREET
COMPACT ROUNDABOUT
PROJECT AMENDMENT 1 SCOPE
OF WORK
Contents
Amendment1 Description......................................................................................................................1
Task1: Project Management..................................................................................................................1
Task7: Construction Inspection Services............................................................................................1
FEDERAL WAY 27TH AND 344 COMPACT RAB - SCOPE OF WORK
KPFF CONSULTING ENGINEERS
AMENDMENT 1 JUNE 2023
Amendment 1 Description
The CONSULTANT will provide construction inspection services and construction
material testing for the overall project.
Task 1: Project Management
The CONSULTANT shall provide additional project management for services
within Amendment 1.
Deliverable(s):
1. Additional project management services for Amendment 1
Add the following scope:
Task 7: Construction Inspection Services
The CONSULTANT shall provide Construction Inspection services for the duration of
the project construction and support the City through project close out.
Construction inspection services shall be provided to the City by one field construction
inspector for 40 working days.
Consultant shall provide IPad with data services capable of operating city CM software
platform known as "Headlight."
Consultant shall produce Daily Inspection Reports and submit documentation to the
City in compliance with WSDOT Lag manual guidelines for a federally funded project.
CONSULTANT shall provide up to twenty two hours of project ramp up and close out
services to the City from the lead construction inspector.
Consultant shall facilitate 3=d party construction testing services for the project including:
1. Wall and subgrade compaction testing for up to 46 hours of field testing.
2. HMA paving compaction and HMA material sampling testing for up to 18 hours
of field testing.
3. Up to five Concrete placement test requiring 30 hours of field testing time.
4. Associated laboratory testing for tests listed above.
FEDERAL WAY 271H AND 344 COMPACT RAB - SCOPE OF WORK 1
KPFF CONSULTING ENGINEERS
AMENDMENT 1 JUNE 2023
Assumption(s):
1. City shall perform all Construction Management activities.
2. City shall provide Consultant project inspection documentation templates at
least 2 weeks prior to construction.
3. City shall provide Consultant software license or access to "Headlight" at no
additional cost to the Consultant.
Deliverable(s):
1. Construction Inspection Submittals.
2. Construction Testing Records
FEDERAL WAY 27TH AND 344 COMPACT RAB - SCOPE OF WORK
KPFF CONSULTING ENGINEERS
AMENDMENT 1 JUNE 2023
Exhibit D-1
Fee Proposal - Amendment 1
27th Ave SW -SW 344th St Compact Roundabout
KPFF Consulting Engineers and Subconsultants
pine-73
Description
KPFF
(Civil)
Fehr and Peers
KPFF Survey
Watershed
Total Cost
Task 1
Project Management
S 3.372.89
S
S
S
S 3.372.89
1.1
Contract Admin
$ 3,372.89
I c
$
$
$ 3,372.89
1.2
Project Management Plan
B
$
$
1.3
Coordination Meetinqs
:>
S
$
$
$
Task 2
Data Collection
S
S
$
S
S
Task 3
Public Involvement Support
S
S
$
S
S
Task 4
PS&E Design
S
$ •
S
S
S
Task 5
Environmental Services
S
5
$
S
5
Task 6
Management Reserve
$
$
s
$
S
6.1
Manaaement Reserve
$
o
Task 7
Construction Inspection
S 50,335.73
S
S
S
S 50,335.73
7.1
Construction Inspection
$ 50,335.73
$
$
$
$ 50,335.73
Total Labor Cost by Firm $ 53.708.63
$
$
$ 1
$ 53,708.63
Reimbursable Costs by Firm I S 13.888.92 15 $ $ S 13,888.92
Subtotal 1 $ 67,597.55 1 $ $ Is $ 67,597 55
Page 1 of 1
Exhibit D-1
Fee Proposal - Amendment 1
27th Ave SW -SW 3"th St Compact Roundabout W 97- Overhead Role
KPFF Consulting Engineers (Prime) )3 L04 Profl=
June-23
-------------
-�lif"177l7[7R1T•7[������
-I�SR:;
t=7
JNLIMExhibit D-1
NATTPAIALa TESTING A CONSULTING. NC.
Dale: June 7, 2023
Client Name: KPFF Contact: John McMillan, P.E. , PMP
Address: 1601 Fifth Avenue, .Suite 1600, Seattle, WA 98101 Phone: D 206.926.0679
limail: miji munallicaneam-Job"-McAl itt ulpf(cem Geo/ech of Record: NA
Architect: KPFF Rased on Plans Dated:
Project: Name 17THAVE SW AT SW 344TH ST COMPACT ROUNDABOUT- Federal Way, WA CityProject #: 36232
Materials Testing & Consulting, Inc (MTC) thanks )on for the opportunit). and respectfully submits the follows ing proposal to pros ide materials testing
and special inspection services during construction of the abos e-referenced project Combined with our past experience with projects of similar sae
and scope, we estimate the total cost of our sen Ices for this project Lobe
Special Construction
Bill Code `
Inspection
Item f Description
Unit
Quantity
Total
IPDS
Wall & Subgrade Compaction / Proof rolls
Hour
12
S 8500 S
102000
IPDS
Utility Trench, Lurunaire FDN. and Structure Compaction
Hour
22
S 85 00 $
1.87000
Site Subgrade & Rock Course Compaction- for full depth Paving
Hour
12
S 85 00 S
1 020 00
IPDS
and Hardscaped areas sidewalks dnses etc
IPDA
Asphalt Paring compaction testing and sampling
Hour
18
S 85 00 S
1,53000
SAhIPU
Sample Pickup If Required (Allowance) ( Cold Feed at Batch Plant)
Hour
2
S 8500 $
17000
RC
All Concrete based on 5 placements with field testing
Hour
30
S 95 00 S
2.850 00
Subtotal - Speciall
& Construction Inspection; S
b.168.00
814 Code
Item / Description
Unit
Quantity
Rate
Total
PROC
Moisture Densitv Relationship/Proctor with Sieve
Each
3
$ 375 00 S
1.12500
Sieve Analysis with 9200 Wash/Combined Gradation( Fine and
Each
_
S 15000 S
30000
C01118
Coarse aggregate for Concrete me[
SE
Sand Equisalent
Each
2
S10000 $
20000
FRAC
Fracture Percentage
Each
1
S 7000 $
7000
UVC
Uncompcted Void Content
Each
1
S15000 S
15000
EFT
Asphalt Extraction with Gradation
Each
1
$ 295 00 $
29500
RICE
Rice Density -Each paving dap
Each
3
S100,00 S
30000
CONC
Concrete Compression Test Cvhnders - 4- x 8` - Sets of 5
Each
30
S 3000 $
90000
GYRO
Volumetric properties at Engineers discretion Va VMA TBD
Each
S 35000 S
-
Subtotal - Laboratory
Testing: S
.1-140.011
BiR Code
Item / Description
Unit
Quantity
Rate
Total
PSI - STR
Project Management
Hour
S 9500 S
47500
Subtotal - Project blanuecutcut
& (
)-ultuix Services: S
475.00
Soils inspection and testing sen ices are proposed to measure compliance with project documents, including dmwings- specil-liom and the amomnendalion of the soils
sport In the event that a lest or tests fail to meet the soils report's reconmendatiom or if project condition differ from approsed pmject docurrcnts, it shall be referred fo the
Geolmluuml Engincer of Record for resolution
Prices are subject to change if Ilus agme—nl is rot executed wilhln 90 days from the date of the bid.
All services will be pros ided on a lime and materials basis The total is an esumale and the actual comtrunion cost will be based on Ilk project schedule and sequencing
The cstirmle is net a guamnleed prim A four lour minimum charge applies to all work performed, billing is also based on a portal to portal basis A preinium rate of 1 5
times the regular rate will be charge for oscrtimrc and 2 times the regular charge for Swdav's and lalidars
MTC still utiliic the labomlon based closest to the pmject site MTC offems additional wn ices upon request which "ill be billed al our regular fec schedule Acceptance
of thus proposal will comlituic agreement to MTC standard gcrcml Icrn6 and condition
Imoices arc due and payable upon receipt Any invoice not paid within deny (30) day s of the date rendered my be assessed a fiance charge of one -and -one -lei f (I tz%)
percent per mondw for each month beyond thirty (30) days past due Imoices rat paid within sixty (60) days of the date rendered may result in MTC stopping work until
such imoices as paid in full Invoices al paid wi0un rarely (90) day s of the date rendered may be efermd loan itdependenl company for collection Client will be,
responsible for all espetses incurred by MTC for Ile collection of am unpaid inoice(s), including collection fees. actual auome, s' fees, and costs for legal counsel as staled
m RCW 19 16 250 21 Furthermore. Client ick—ledges that MTC nay elect to withheld a Final Letter of Compliance for flit project- and/or place alien on any real
properly until all outstanding imoices and/or fees lane been Mid in full
Asa mutual protection fo clients. the public and oursehes. all reports as submitted as the confidential properly of clients. and authemalion for Mblicauon of stalenents.
conclusions or extracts from or regarding our reports is resen ed pending our written appren al
In closing, our expcncamd inspection stati"dl ensum the highest level of gality is brought to )our project We bclicne that our local staff and vast expeneacc on
projects of similar sine and scope rake MTC the clear team ircmber of choice for this project We look forward to working with )ou
Respectfully Submitted.
Client Authorized Signature
Deaxe r�haa�¢e�
De —Ramsdell
360-508-6336 Printed Name & Title Date
DHR a mtc-inc act
Environmental a Geotechnical Engineering a Special Inspection a Non-Destrucm a Testing a Materials Testing
Burlington a Olympia a Bellingham a Silverdale a Tukwila
p: 360 753 1990 a F 3G0 733 1980 a wlx\Cmlc-inc net
Page I of I
Client#: 237821
KPFFINC
r3/21/2023
ATE (MM/DD/YYYY)
ACORDTM CERTIFICATE OF LIABILITY INSURANCE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
Edgewood Partners Ins. Center
3780 Mansell Rd. Suite 370E-MAIL
NAMEACI Jerry Noyola
"o" 770-220-7699
"°• E:' . A.c N.)
ADDRESS greylingcerts@greyling.com
Alpharetta, GA 30022
INSURERIS) AFFORDING COVERAGE
NAIC #
INSURER A • National Union Fire Ins Co of Pittsburg
19445
INSURED
INSURER B : The Travelers Indemnity Company
25658
KPFF, Inc.
INSURER C : New Hampshire Insurance Company
23841
1601 5th Ave
INSURER D : Allied World Surplus Lines Insurance Co
24319
Suite 1600
Seattle, WA 98101
INSURER E
INSURER F
COVERAGES CERTIFICATE NUMBER: 23-24 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF INSURANCE
ADOL
NSR
UDR
WVD
POLICY NUMBER
Y EFF
MMi,D� YYYY)
POLICY EXP
MM OD YY YY
LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
GL5268336
4/01/2023
04/01/2024
EACH OCCURRENCE
s2.000.000
CLAIMS -MADE Q OCCUR
MISE S91.11 90ance
s500.000
MED EXP (Any one person)
s25.000
PERSONAL B ADV INJURY
s2.000.000
GEN'L AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE
s4.000.000
POLICY O JP� LOG
PRODUCTS - COMP/OP AGG
s4.000.000
$
OTHER:
A
AUTOMOBILE LIABILITY
CA9775930
4/01/2023
04/01/202
CO ac dent SINING U
s2,000,000
BODILY INJURY (Per person)
$
i( ANY AUTO
OWNED SCHEDULED
AUTOS ONLY AUTOS
HIRED NON -OWNED
AUTOS ONLY X AUTOS ONLY
IX
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
''Per °
$
$
B
UMBRELLA LIAB
X
OCCUR
`
CUP5W27617523NF
4/01/2023
04/01/202
EACH OCCURRENCE
.310.000.000
AGGREGATE
S10.000.000
X
EXCESS LIAB
CLAIMS -MADE
OEE) I X RETENTION S1 0,000
C
C
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNERIEXECUTIVE
OFFICERIMEMBER EXCLUDED' N
(Mandalary In NH)
N , A
WCO22298245 (AOS)
WCO22298244(CA)
4/01/2023
4/01/2023
04/01/202
04/01/202
X PER FORT H-
E.L. EACH ACCIDENT
S1.000.000
E.L DISEASE- EA EMPLOYEE
.S1,000.000
E.L. DISEASE - POLICY LIMIT
S1.000.000
It yes, describe under
DESCRIPTION OF OPERATIONS below
D
Professional/
03120067
10/10/2022
04/01/202
Per Claim $10,000,000
Pollution
Aggregate $10,000,000
Liability
SIR: $250-000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
Re: 10042100349; 27th Ave SW at SW 344th Street Compact Roundabout. The State and Agency, their officers,
employees, and agents will be named on all policies of Consultant and any sub -consultant and/or
subcontractor are named as an Additional Insured on the above referenced liability policies with the
exception of workers compensation & professional liability where required by written contract. The above
referenced liability policies with the exception of workers compensation and professional liability are
(See Attached Descriptions)
[wa It112Nra\[ailJ9ll1112M
City of Federal Way
33325 8th Ave South
Federal Way, WA 98003-0000
ACORD 25 (2016/03) 1 of 2
#S5368547/M5359019
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
@ 1968-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
JN002
DESCRIPTIONS (Continued from Page 1)
SAGITTA 25.3 (2016/03) 2 Of 2
#S5368547/M5359019
RETURN TO: PW ADMIN EXT: 2700 ID #: 3989
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT/Div: PUBLIC WORKS / Captlal Engineering
2. ORIGINATING STAFF PERSON: Sarah Hamel EXT: 2720 3. DATE REQ. BY: 10/19/2021
3. TYPE OF DOCUMENT (CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG
❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
❑ ORDINANCE ❑ RESOLUTION
❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL
0 OTHER WSDOT A&E contract
a. PROJECT NAME: 27th Ave SW at SW 344th St Compact Roundabout
5. NAME OF CONTRACTOR: KPFF, Inc.
ADDRESS: 1601 5th Avenue. Suite 1600, Seattle, WA 98101 TELEPHONE: 206-622-5822
E-MAIL: John. McMillanakftcom FAX: 206-622-8130
SIGNATURE NAME: JohnMCMlllan TITLE: Associate
6. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER
REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
CFW LICENSE # BL, EXP. 12/31/ UBI # EXP.
7. TERM: COMMENCEMENT DATE: upon execution (w I _ COMPLETION DATE: 17,122k I 7-027
8. TOTAL COMPENSATION: $ 144,998.41 (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: S
IS SALES TAX OWED: ❑ YES 0 NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY
RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED
❑ PURCHASING: PLEASE CHARGE T0: d36232-25060
9. DOCUMENT / CONTRACT REVIEW
❑ PROJECT MANAGER
11 DIVISION MANAGER
❑ DEPUTY DIRECTOR
❑ DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
8 LAW DEPT
INITIAL / DATE REVIEWED INITIAL / DATE APPROVED
SLH 10/1212021
DSW 10/12121
KVA 10/22
10. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE:
SCHEDULED COUNCIL DATE:
11. CONTRACT SIGNATURE ROUTING
COMMITTEE APPROVAL DATE:
COUNCIL APPROVAL DATE:
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: 10/25/21 DATE REC' D: 11/16/21
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE
(INCLUDE DEPT. SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.)
INITIAL / DATE SIGNED
z �a
AG#
DATE SENT:
COMMENTS:
EXECUTE " " ORIGINALS
WSDOT standard form
❑ FINANCE DEPARTMENT
❑ LAW DEPT
S SIGNATORY (MAYOR OR DIRECTOR)
Cl CITY CLERK
❑ ASSIGNED AG #
❑ SIGNED COPY RETURNED
1 /2020
Local Agency A&E Professional Services
Cost Plus Fixed Fee Consultant Agreement
Agreement Number:
Firm/Organization Legal Name (do not use dba's):
KPFF, Inc.
Address
1601 5th Avenue, Suite 1600, Seattle, WA 98101
UBI Number
578063612
Execution Date
1099 Form Required
❑ Yes No
Project Title
27th Ave SW at SW 344th St Compact Roundabout
Description of Work
Federal Aid Number
ER-1701(008)
Federal TIN or SSN Number
91-0755897
Completion Date
12/31 /2023
Federal Participation
❑� Yes ❑ No
Construct a compact roundabout at the intersection of 27th Ave SW and SW 344th Street. Project also includes
associated ADA and utility work, pavement marking removal and sign/post removal, relocation or replacement
as needed
❑ Yes
❑ Yes
❑ Yes
❑ Yes
Index of Exhibits
0
No DBE Participation
❑i
No MBE Participation
❑i
No WBE Participation
❑i
No SBE Participation
Exhibit A Scope of Work
Total Amount Authorized: $144,998.41
Management Reserve Fund: 10,000.00
Maximum Amount Payable: $144,998.41
Exhibit C
Preparation and Delivery of Electronic Engineering and Other Data
Exhibit D
Prime Consultant Cost Computations
Exhibit E
Sub -consultant Cost Computations
Exhibit F
Title VI Assurances
Exhibit G
Certification Documents
Exhibit H
Liability Insurance Increase
Exhibit I
Alleged Consultant Design Error Procedures
Exhibit J
Consultant Claim Procedures
Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement
Ralficprl n21n112n21
Page 1 of 14
THIS AGREEMENT, made and entered into as shown in the "Execution Date" box on page one (1) of this
AGREEMENT, between the City of Federal Way
hereinafter called the "AGENCY," and the "Firm / Organization Name" referenced on page one (1) of this
AGREEMENT, hereinafter called the "CONSULTANT."
WHEREAS, the AGENCY desires to accomplish the work referenced in "Description of Work" on page one (1)
of this AGREEMENT and hereafter called the "SERVICES;" and does not have sufficient staff to meet the required
commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide
the necessary SERVICES; and
WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating
to professional registration, if applicable, and has signified a willingness to furnish consulting services to
the AGENCY.
NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein,
or attached and incorporated and made a part hereof, the parties hereto agree as follows:
I. General Description of Work
The work under this AGREEMENT shall consist of the above -described SERVICES as herein defined, and
necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor,
and related equipment and, if applicable, sub -consultants and subcontractors necessary to conduct and complete the
SERVICES as designated elsewhere in this AGREEMENT.
II. General Scope of Work
The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit "A" attached
hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed
utilizing performance based contracting methodologies.
III. General Requirements
All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall
receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or
individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress,
and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials,
groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT
sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days'
notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "A."
The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will
outline in written and graphical form the various phases and the order of performance of the SERVICES in
sufficient detail so that the progress of the SERVICES can easily be evaluated.
The CONSULTANT, any sub -consultants, and the AGENCY shall comply with all Federal, State, and local laws,
rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under
this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State
of Washington.
Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 2 of 14
1701ficaef n21n112m1
Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required, per
49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the
commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will be
shown on Exhibit "B" attached hereto and by this reference made part of this AGREEMENT. If the Prime
CONSULTANT is a DBE certified firm they must comply with the Commercial Useful Function (CUF)
regulation outlined in the AGENCY's "DBE Program Participation Plan" and perform a minimum of 30% of the
total amount of this AGREEMENT. It is recommended, but not required, that non -DBE Prime CONSULTANTS
perform a minimum of 30% of the total amount of this AGREEMENT.
In the absents of a mandatory DBE goal, a voluntary SBE goal amount of ten percent of the Consultant Agreement
is established. The Consultant shall develop a SBE Participation Plan prior to commencing work. Although the
goal is voluntary, the outreach efforts to provide SBE maximum practicable opportunities are not.
The CONSULTANT, on a monthly basis, shall enter the amounts paid to all firms (including Prime)
involved with this AGREEMENT into the wsdot.diversity_ compliance.com program. Payment information
shall identify any DBE Participation.
All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned.
All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C —
Preparation and Delivery of Electronic Engineering and other Data."
All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared
by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for
these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or
on behalf of the AGENCY of any such instruments of service, not occurring as a part of this SERVICE, shall
be without liability or legal exposure to the CONSULTANT.
Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other
party by (i) certified mail, return receipt requested, or (ii) by email or facsimile, to the address set forth below:
If to AGENCY.
Name: Sarah Hamel, P.E.
Agency: City of Federal Way
Address: 33325 8th Avenue S
City: Federal Way State: WA Zip: 98003
Email: sarah.hamel@cityoffederalway.com
Phone: 253-835-2720
Facsimile: 253-835-2709
IV. Time for Beginning and Completion
If to CONSULTANT:
Name: John McMillan, P.E.
Agency: KPFF Consulting Engineers
Address: 1601 Fifth Avenue, Suite 1600
City: Seattle State: WA Zip: 98101
Email: John.McMillan@kpff.com
Phone: 206-622-5822
Facsimile: 206-622-8130
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by
the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this
AGREEMENT titled "Completion Date."
The established completion time shall not be extended because of any delays attributable to the CONSULTANT,
but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of
unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the
CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the
established completion time.
Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Page 3 of 14
dnraamanf Ravicad n21n1/9n91
V. Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT
as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES
rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES,
specified in Section II, "Scope of Work". The CONSULTANT shall conform to all applicable portions of 48 CFR
Part 31 (www.ecfr.gov). The estimate in support of the Cost Plus Fixed Fee amount is attached hereto as Exhibits
"D" and "E" and by this reference made part of this AGREEMENT.
A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the
CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost, indirect cost rate,
and direct non -salary costs.
1. Direct (RAW) Labor Costs: The Direct (RAW) Labor Cost is the direct salary paid to principals,
professional, technical, and clerical personnel for the time they are productively engaged in work necessary
to fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the
direct salary costs billed to the AGENCY.
2. Indirect Cost Rate (ICR) Costs: ICR Costs are those costs, other than direct costs, which are included as such
on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall
be made at the ICR rates shown in attached Exhibits "D" and "E" of this AGREEMENT. Total
ICR payment shall be based on Actual Costs. The AGENCY agrees to reimburse the CONSULTANT
the actual ICR costs verified by audit, up to the Maximum Total Amount Payable, authorized under this
AGREEMENT, when accumulated with all other Actual Costs.
A summary of the CONSULTANT'S cost estimate and the ICR percentage is shown in Exhibits "D" and
"E", attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT (prime and
all A&E sub -consultants) will submit to the AGENCY within six (6) months after the end of each firm's I
fiscal year, an ICR schedule in the format required by the AGENCY (cost category, dollar expenditures, etc.)
for the purpose of adjusting the ICR rate for billings received and paid during the fiscal year represented by
the ICR schedule. It shall also be used for the computation of progress payments during the following year
and for retroactively adjusting the previous year's ICR cost to reflect the actual rate. The ICR schedule will
be sent to Email: ConsultantRates@wsdot.wa.gov.
Failure to supply this information by either the prune CONSULTANT or any of their A&E sub -consultants I
shall cause the AGENCY to withhold payment of the billed ICR costs until such time as the required
information is received and an overhead rate for billing purposes is approved.
The AGENCY's Project Manager and/or the Federal Government may perform an audit of the
CONSULTANT'S books and records at any time during regular business hours to determine the actual ICR
rate, if they so desire.
3. Direct Non -Salary Costs: Direct Non -Salary Costs will be reimbursed at the Actual Cost to the
CONSULTANT. (excluding Meals, which are reimbursed at the per diem rates identified in this section)
These charges may include, but are not limited to, the following items: travel, printing, long distance
telephone, supplies, computer charges and fees of sub -consultants. Air or train travel will be reimbursed
only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall
comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in
accordance with WSDOT's Accounting Manual M 13-82, Chapter 10 — Travel Rules and Procedures, and
revisions thereto. Air, train, and rental car costs shall be reimbursed in accordance with 48 Code of Federal
Regulations (CFR) Part 31.205-46 "Travel Costs." The billing for Direct Non -Salary Costs shall include an
itemized listing of the charges directly identifiable with the PROJECT. The CONSULTANT shall maintain
the original supporting documents in their office. Copies of the original supporting documents shall be
supplied to the AGENCY upon request. All above charges must be necessary for the services provided
under this AGREEMENT.
Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 4 of 14
QAvicad f)91M 21
4. Fixed Fee: The Fixed Fee, which represents the CONSULTANT'S profit, is shown in attached Exhibits "D"
and "E" of this AGREEMENT. This fee is based on the Scope of Work defined in this AGREEMENT and
the estimated person -hours required to perform the stated Scope of Work. In the event the CONSULTANT
enters into a supplemental AGREEMENT for additional work, the supplemental AGREEMENT may
include provisions for the added costs and an appropriate additional fee. The Fixed Fee will be prorated
and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported
in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not
previously paid in the progress payments will be covered in the final payment, subject to the provisions of
Section IX entitled "Termination of Agreement."
5. Management Reserve Fund (MRF): The AGENCY may desire to establish MRF to provide the Agreement
Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable
unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in
this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $100,000 or
10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included
for the MRF is shown in the heading of this AGREEMENT. This fund may not be replenished. Any
changes requiring additional costs in excess of the MRF shall be made in accordance with Section XIII,
"Extra Work."
6. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the
CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this
AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and
the MRF. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in
Section XIII, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT.
B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of
Actual Costs plus the ICR and calculated fee on a monthly basis during the progress of the work. Such billings
shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under
Section III, "General Requirements" of this AGREEMENT. The billings will be supported by an itemized
listing for each item including Direct (RAW) Labor, Direct Non -Salary, and allowable ICR Costs to which will
be added the prorated Fixed Fee. To provide a means of verifying the billed Direct (RAW) Labor costs for
CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of
recording the names, titles, Direct (RAW) Labor rates, and present duties of those employees performing work
on the PROJECT at the time of the interview.
C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made
promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT,
contingent, if applicable, upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other related
documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by
the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have
against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by
the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that
the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect
to such claims.
The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time
of final audit; all required adjustments will be made and reflected in a final payment. In the event that such
final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to
the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund shall not constitute
a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of
overpayment. The CONSULTANT has twenty (20) working days after receipt of the final POST AUDIT to
begin the appeal process to the AGENCY for audit findings.
Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 5 of 14
Qallica.l n21rn12m1
D. Inspection of Cost Records: The CONSULTANT and their sub -consultants shall keep available for inspection
by representatives of the AGENCY and the United States, for a period of six (6) years after receipt of final
payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon
these records with the following exception: if any litigation, claim or audit arising out of, in connection with,
or related to this AGREEMENT is initiated before the expiration of the six (6) year period, the cost records and
accounts shall be retained until such litigation, claim, or audit involving the records is completed.
An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be performed by the
State Auditor, WSDOT's Internal Audit Office and/or at the request of the AGENCY's Project Manager.
VI. Sub -Contracting
The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit "A" attached hereto and by
this reference made part of this AGREEMENT.
The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without
prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY
and sub -consultant, any contract or any other relationship.
Compensation for this sub -consultant SERVICES shall be based on the cost factors shown on Exhibit "E" attached
hereto and by this reference made part of this AGREEMENT.
The SERVICES of the sub -consultant shall not exceed its maximum amount payable identified in each sub -
consultant cost estimate unless a prior written approval has been issued by the AGENCY.
All reimbursable direct labor, indirect cost rate, direct non -salary costs and fixed fee costs for the sub -consultant
shall be negotiated and substantiated in accordance with section V "Payment Provisions" herein and shall be
memorialized in a final written acknowledgement between the parties.
All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require
each sub -consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With
respect to sub -consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE's
Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011.
The CONSULTANT, sub -recipient, or sub -consultant shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the
CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the
termination of this AGREEMENT or such other remedy as the recipient deems appropriate.
VII. Employment and Organizational Conflict of Interest
The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona
fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or
agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any
fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the
award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul
this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration
or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work
or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the
CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's
Agreement Number:
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Ravicad n21nai,2n91
Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made
by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other
persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation
and responsibility of the CONSULTANT.
The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this
AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this
AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly
retired employees, without written consent of the public employer of such person if he/she will be working on this
AGREEMENT for the CONSULTANT.
VIII. Nondiscrimination
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub -consultants,
subcontractors and successors in interest, agrees to comply with the following laws and regulations:
• Title VI of the Civil Rights Act of 1964
(42 U.S.C. Chapter 21 Subchapter V § 2000d
through 2000d4a)
• Federal -aid Highway Act of 1973
(23 U.S.C. Chapter 3 § 324)
• Rehabilitation Act of 1973
(29 U.S.C. Chapter 16 Subchapter V § 794)
• Age Discrimination Act of 1975
(42 U.S.C. Chapter 76 § 6101 et. seq.)
• Civil Rights Restoration Act of 1987
(Public Law 100-259)
• American with Disabilities Act of 1990
(42 U.S.C. Chapter 126 § 12101 et. seq.)
• 23 CFR Part 200
• 49 CFR Part 21
• 49 CFR Part 26
• RCW 49.60.180
In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "F"
attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "F" in
every sub -contract, including procurement of materials and leases of equipment, unless exempt by the Regulations
or directives issued pursuant thereto.
IX. Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten
(10) days written notice to the CONSULTANT.
In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the
CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged and any appropriate
fixed fee percentage at the time of termination of this AGREEMENT, plus any direct non -salary costs incurred up to
the time of termination of this AGREEMENT.
No payment shall be made for any SERVICES completed after ten (10) days following receipt by the
CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice
of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this
section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for
any excess paid.
If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT,
the above formula for payment shall not apply.
In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the
AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES
to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to
Agreement Number:
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QAvicari n2lnii?n2i
date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of
termination, the cost to the AGENCY of employing another firm to complete the SERVICES required and the
time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES
performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the
amount, which would have been made using the formula set forth in paragraph two (2) of this section.
If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT's failure to
perform is without the CONSULTANT's or its employee's fault or negligence, the termination shall be deemed to
be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed
for actual costs and appropriate fixed fee percentage in accordance with the termination for other than default
clauses listed previously.
The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any member,
partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT's supervisory and/or
other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee.
The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or
more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The
CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT
unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s)
of this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT
as set forth in the second and third paragraphs of this section.
Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of
any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the
CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY.
Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights
with respect to any future act or omission by the CONSULTANT.
X. Changes of Work
The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as
necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY find
it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or
revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered
as Extra Work and will be paid for as herein provided under section XIII "Extra Work."
XI. Disputes
Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within
10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and
binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the
Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to judicial review. If the
parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under
the procedures found in Exhibit "J". In the event that either party deem it necessary to institute legal action or
proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in the Superior
Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto
agree that all questions shall be resolved by application of Washington law and that the parties have the right of
appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The
CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington,
situated in the county in which the AGENCY is located.
Agreement Number:
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XII. Legal Relations
The CONSULTANT, any sub -consultants, and the AGENCY shall comply with all Federal, State, and local laws,
rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under this
AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of
Washington.
The CONSULTANT shall defend, indemnify, and hold The State of Washington (STATE) and the AGENCY and
their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part
from the negligence of, or the breach of any obligation under this AGREEMENT by, the CONSULTANT or the
CONSULTANT's agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons
for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT
to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless
the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon
the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY, their
agents, officers, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom
the STATE and/or the AGENCY may be legally liable; and provided further that if the claims or suits are caused
by or result from the concurrent negligence of (a) the CONSULTANT or the CONSULTANT's agents, employees,
sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally
liable, and (b) the STATE and/or AGENCY, their agents, officers, employees, sub -consultants, subcontractors and or
vendors, of any tier, or any other persons for whom the STATE and or AGENCY may be legally liable, the defense
and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT's negligence or
the negligence of the CONSULTANT's agents, employees, sub -consultants, subcontractors or vendors, of any tier,
or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any
AGREEMENT between CONSULTANT and any sub -consultant, subcontractor and vendor, of any tier.
The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers
and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the
alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents,
proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT's
agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the
CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any
use in connection with the AGREEMENT of methods, processes, designs, information or other items furnished or
communicated to STATE and/or the AGENCY, their agents, officers and employees pursuant to the AGREEMENT;
provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly
improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or
inventions resulting from STATE and/or AGENCY's, their agents', officers' and employees' failure to comply
with specific written instructions regarding use provided to STATE and/or AGENCY, their agents, officers and
employees by the CONSULTANT, its agents, employees, sub -consultants, subcontractors or vendors, of any tier, or
any other persons for whom the CONSULTANT may be legally liable.
The CONSULTANT's relation to the AGENCY shall be at all times as an independent contractor.
Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole
discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and
examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or
any similar statute involving the CONSULTANT in the procurement of, or performance under, this AGREEMENT.
The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT's own
employees or its agents against the STATE and /or the AGENCY and, solely for the purpose of this indemnification
and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51
RCW. This waiver has been mutually negotiated between the Parties.
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Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of
construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable
supplemental AGREEMENT, the CONSULTANT shall provide On -Call assistance to the AGENCY during contract
administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper
construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance
with the contract documents.
The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise
required, the following insurance with companies or through sources approved by the State Insurance
Commissioner pursuant to Title 48 RCW.
Insurance Coverage
A. Worker's compensation and employer's liability insurance as required by the STATE.
B. Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with minimum
limits of one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) in the
aggregate for each policy period.
C. Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage for
any "Auto" (Symbol 1) used in an amount not less than a one million dollar ($1,000,000.00) combined single
limit for each occurrence.
Excepting the Worker's Compensation Insurance and any Professional Liability Insurance, the STATE and
AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub -
consultant and/or subcontractor as an additional insured (the "AIs"), with no restrictions or limitations concerning
products and completed operations coverage. This coverage shall be primary coverage and non-contributory and
any coverage maintained by the AIs shall be excess over, and shall not contribute with, the additional insured
coverage required hereunder. The CONSULTANT's and the sub -consultant's and/or subcontractor's insurer shall
waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with
verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to
require complete, certified copies of all required insurance policies at any time.
All insurance shall be obtained from an insurance company authorized to do business in the State of Washington.
The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the
execution of this AGREEMENT to:
Name: Sarah Hamel, Capital Engineering Manager
Agency: City of Federal Way, Public Works Dept.
Address: 33325 8th Ave S
City: Federal Way State: WA Zip: 98003
Email: sarah.hamel@cityoffederalway.com
Phone: 253-835-2720
Facsimile: 253-835-2709
No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY.
The CONSULTANT's professional liability to the AGENCY, including that which may arise in reference to
section IX "Termination of Agreement" of this AGREEMENT, shall be limited to the accumulative amount of the
authorized AGREEMENT amount or one million dollars ($1,000,000.00), whichever is greater, unless the limit of
liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT's professional
liability to third parties be limited in any way.
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The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third party,
and no third party beneficiary is intended or created by the execution of this AGREEMENT.
The AGENCY will pay no progress payments under section V "Payment Provisions" until the CONSULTANT has
fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is
available to it under other provisions of this AGREEMENT, or otherwise in law.
XIII. Extra Work
A. The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT
in the SERVICES to be performed.
B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance
of any part of the SERVICES under this AGREEMENT, whether or not changed by the order, or otherwise
affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an equitable adjustment
in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms
and shall modify this AGREEMENT accordingly.
C. The CONSULTANT must submit any "request for equitable adjustment," hereafter referred to as "CLAIM,"
under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY
decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final
payment of this AGREEMENT.
D. Failure to agree to any adjustment shall be a dispute under the section XI "Disputes" clause. However, nothing
in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed.
E. Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above, the maximum amount payable for
this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement
to this AGREEMENT.
XIV. Endorsement of Plans
If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering
data furnished by them.
XV. Federal Review
The Federal Highway Administration shall have the right to participate in the review or examination of the
SERVICES in progress.
XVI. Certification of the Consultant and the Agency
Attached hereto as Exhibit "G-1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit
"G-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered
Transactions, Exhibit "G-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
and Exhibit "G-4" Certificate of Current Cost or Pricing Data. Exhibit "G-3" is required only in AGREEMENT's
over one hundred thousand dollars ($100,000.00) and Exhibit "G-4" is required only in AGREEMENT's over
five hundred thousand dollars ($500,000.00.) These Exhibits must be executed by the CONSULTANT, and
submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III "General
Requirements" prior to its performance of any SERVICES under this AGREEMENT.
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XVII. Complete Agreement
This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the
parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or
be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or
modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement
to this AGREEMENT.
XVIII. Execution and Acceptance
This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed
to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements,
representations, warranties, covenants, and AGREEMENT's contained in the proposal, and the supporting material
submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and
conditions thereof.
XIX. Protection of Confidential Information
The CONSULTANT acknowledges that some of the material and information that may come into its possession
or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt
from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state
or federal statutes ("State's Confidential Information"). The "State's Confidential Information" includes, but is
not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles,
credit card information, driver's license numbers, medical data, law enforcement records (or any other information
identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security
data, non-public Specifications, STATE and AGENCY non -publicly available data, proprietary software, State
security data, or information which may jeopardize any part of the project that relates to any of these types of
information. The CONSULTANT agrees to hold the State's Confidential Information in strictest confidence
and not to make use of the State's Confidential Information for any purpose other than the performance of this
AGREEMENT, to release it only to authorized employees, sub -consultants or subcontractors requiring such
information for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish, transfer,
sell, disclose, or otherwise make it known to any other party without the AGENCY's express written consent
or as provided by law. The CONSULTANT agrees to release such information or material only to employees,
sub -consultants or subcontractors who have signed a nondisclosure AGREEMENT, the terms of which have
been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and
managerial safeguards to prevent unauthorized access to the State's Confidential Information.
Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the AGENCY's
option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State's Confidential
Information; or (ii) returned all of the State's Confidential Information to the AGENCY; or (iii) take whatever other
steps the AGENCY requires of the CONSULTANT to protect the State's Confidential Information.
As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following:
the State's Confidential Information received in the performance of this AGREEMENT; the purpose(s) for which
the State's Confidential Information was received; who received, maintained and used the State's Confidential
Information; and the final disposition of the State's Confidential Information. The CONSULTANT's records shall
be subject to inspection, review, or audit upon reasonable notice from the AGENCY.
The AGENCY reserves the right to monitor, audit, or investigate the use of the State's Confidential Information
collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or
investigating may include, but is not limited to, salting databases.
Agreement Number:
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Violation of this section by the CONSULTANT or its sub -consultants or subcontractors may result in termination of
this AGREEMENT and demand for return of all State's Confidential Information, monetary damages, or penalties.
It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which
is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the
confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing
such proprietary and/or confidential information shall be clearly identified and marked as "Confidential" and shall
be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT.
The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential
and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT; or (b) as soon as such
confidential or proprietary material is developed. "Proprietary and/or confidential information" is not meant to
include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully
disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party;
(iii) is independently developed by or for the other party; (iv) is publicly known; or (v) is generally utilized by
unaffiliated third parties engaged in the same business or businesses as the CONSULTANT.
The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure
laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and/
or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a
public disclosure request is made to view materials identified as "Proprietary and/or confidential information" or
otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that such
records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent
jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure, the
AGENCY will release the requested information on the date specified.
The CONSULTANT agrees to notify the sub -consultant of any AGENCY communication regarding disclosure that
may include a sub -consultant's proprietary and/or confidential information. The CONSULTANT notification to the
sub -consultant will include the date that such records will be released by the AGENCY to the requester and state
that unless the sub -consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure
the AGENCY will release the requested information. If the CONSULTANT and/or sub -consultant fail to obtain
a court order or other judicial relief enjoining the AGENCY by the release date, the CONSULTANT shall waive
and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages,
liabilities, or costs associated with the AGENCY's said disclosure of sub -consultants' information.
XX. Records Maintenance
During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6) years
from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain and maintain all
"documents" pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all "documents"
pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT's place
of business during normal working hours. If any litigation, claim or audit is commenced, the CONSULTANT shall
cooperate with AGENCY and assist in the production of all such documents. "Documents" shall be retained until
all litigation, claims or audit findings have been resolved even though such litigation, claim or audit continues past
the six (6) year retention period.
For purposes of this AGREEMENT, "documents" means every writing or record of every type and description,
including electronically stored information ("ESI"), that is in the possession, control, or custody of the
CONSULTANT, including, without limitation, any and all correspondences, contracts, AGREEMENT `s,
appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten
notes, reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records,
work sheets, charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings,
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tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or
telephone conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or
description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the
CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original,
or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original.
For purposes of this AGREEMENT, "ESP' means any and all computer data or electronic recorded media of any
kind, including "Native Files", that are stored in any medium from which it can be retrieved and examined, either
directly or after translation into a reasonably useable form. ESI may include information and/or documentation
stored in various software programs such as: Email, Outlook, Word, Excel, Access, Publisher, PowerPoint, Adobe
Acrobat, SQL databases, or any other software or electronic communication programs or databases that the
CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup
tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones, laptops or any other
electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any
personal devices used by the CONSULTANT or any sub -consultant at home.
"Native files" are a subset of ESI and refer to the electronic format of the application in which such ESI is normally
created, viewed, and /or modified.
The CONSULTANT shall include this section XX "Records Maintenance" in every subcontract it enters into in
relation to this AGREEMENT and bind the sub -consultant to its terms, unless expressly agreed to otherwise in
writing by the AGENCY prior to the execution of such subcontract.
In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the
"Execution Date" box on page one (1) of this AGREEMENT.
/1- 11- �f
Date
Date
Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office
of the Attorney General.
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Exhibit A
See attached, Exhibit A
Scope of Work
Project No.
Agreement Number:
Exhibit A - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02101/2021 Page 1 of 1
Exhibit A
Scope of Work
271h AVENUE SW AND SW 3441h STREET COMPACT ROUNDABOUT PROJECT
Project Description
Introduction
This project involves construction of a compact roundabout (RAB) at the intersection of SW
344TH Street and 27TH Avenue SW. The work may include mountable islands,
channelization/signage, sidewalk, curb and gutter, curb ramps, asphalt paving, storm drainage,
street lighting and utility relocation. The project is partially funded by a federal Highway
Safety Improvement Program (HSIP) grant. The estimated total project cost is approximately
$700,000.
The project goals include:
• Providing traffic calming and safety enhancements within the 344th corridor. Ensuring
safe and adequate crossings
• Provide a design which balances safety and efficient traffic operations within the
compact round about.
The CONSULTANT team shall support the City's project delivery effort by providing the final
plans, specifications, and cost estimate (PS&E), and necessary permitting documents as outlined
in this scope of work.
Schedule
• NTP September 2021
• Concept Design Fall 2021
• Design completed Fall 2022
• Contract Advertisement December 2022
• Construction 2023
Kev Stakeholders
City of Federal Way, local residents, local businesses, Federal Way School District, WSDOT
(federal funding administrator) and Local Tribes.
Project Team
Owner
Prime Consultant
Civil Engineer
Structural Engineer
Survey
City of Federal Way (City)
KPFF Consulting Engineers (KPFF)
KPFF Consulting Engineers (KPFF)
KPFF Consulting Engineers (KPFF)
KPFF Consulting Engineers (KPFF)
Environmental/Permitting The Watershed Company (Watershed)
ROW TBD, if needed by the project
Illumination/Traffic Fehr and Peers (F&P)
Geotechnical Engineering HWA GeoSciences (HWA)
Construction Management Pacific CM
Assumptions
The following are general project assumptions for the Scope of Work; other assumptions are
found within the project tasks.
1. The project is federally funded.
2. A 30%, 85%,100%, and Ad Ready submittal of the plans, specifications, and estimate
(PS&E) package will be prepared by the CONSULTANT.
3. An illumination lighting analysis will be performed by the CONSULANT during the
Conceptual Design Phase to review traffic and pedestrian lighting needs for the
proposed RAB. Inclusion of illumination investments is assumed needed for this
project.
4. Power and communication utilities may be relocated at various locations in coordination
with the project improvements. Relocation will be funded by utilities through
City/Utility franchise agreements and support provided by the CONSULTANT to help
relocate utilities.
Information Provided by the City
1. Record drawings for roadway, water, sewer, and stormwater.
2. City CADD PS&E standards and survey standards for use by the CONSULTANT,
unless authority for plan and survey standards are delegated to the CONSULTANT.
3. Utility agencies and contact person within the project limits.
4. Identification of known critical areas and issues within the project's limits.
5. Project Manual boilerplate specifications and standard City contracting material for
inclusion in bid document preparation.
6. Requirements of any grant funding that need to be met by CONSULTANT.
Task 1: Project Management
The CONSULTANT shall provide overall project administration and management for the
duration of the project.
1.1 Contract Administration
The CONSULTANT shall develop and manage the project scope, schedule, and budget and
execute contract administration activities as needed to complete the scope of work.
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Monthly invoices for work completed to date shall be submitted to the City with cost tracking at
the Task Level.
The CONSULANT may re -allocate budget between tasks and sub -consultants at the approval of
the City to meet project needs.
The CONSULTANT shall prepare SUBCONSULTANT contracts and manage
SUBCONSULTANTS to ensure accurate and timely implementation of the work plan and the
appropriate coordination of work activities, including the review of all SUBCONSULTANTS'
work on various project elements. In addition, the CONSULTANT shall conduct reviews of
SUBCONSULTANTS' progress and invoices.
Deliverable (s)-
1. Scope, schedule, and budget updates as warranted (electronic PDF).
2. Monthly progress report summary (electronic PDF).
3. Monthly invoices (electronic PDF).
1.2 Project Management Plan
The CONSULTANT shall develop and maintain a simplistic Project Management Plan. The
Project management plan shall include:
• Project Team Org Chart and Contact List
• Work Breakdown Structure
• Quality Control and Quality Assurance Procedures
• Project Schedule
A Risk Registry and design issue log shall also be maintained by the CONSULTANT.
Deliverable(s).
1. Project Management Plan (living document) (electronic PDF or DOCX).
1.3 Coordination Meetings
The CONSULTANT shall schedule, attend, and host project meetings to support the project and
facilitate communication.
Project Management Meetings
The CONSULTANT Project Manager (PM) and the City PM shall have a monthly virtual
meeting to discuss project issues, current status, and upcoming work for the duration of the
project design phase, with an expected meeting duration of 60 minutes. The CONSULTANT
PM shall also attend five two-hour meetings with various City staff to support the project
between design milestones, with virtual meetings assumed.
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Design Milestone Reviews
CONSULTANT and City staff shall coordinate design reviews electronically and will not meet
in person for formal meetings.
Third -Party Project Technical Coordination Meetings
The CONSULTANT team will attend up to eight (8) 90-minute meetings with third parties
relevant to the project to coordinate technical issues on the project, such as utility coordination
needs, temporary service during construction, and permitting coordination. Third parties may
include utility providers and transit service providers in the corridor.
Assumption(s):
1. Meetings shall be technical in nature and require one CONSULTANT staff member per
meeting.
2. The CONSULTANT shall develop exhibits and supporting material for each meeting.
3. City staff shall be invited to all technical coordination meetings.
Deliverable(s):
1. Meeting presentation/coordination materials.
2. Meeting draft and final notes.
Task 2: Data Collection
2.1 Data Collection
The CONSULTANT shall review existing data, document the major findings, determine what
additional data is needed, and conduct a site visit to review existing conditions. In addition, the
CONSULTANT shall complete the following activities:
• Collect and review utility GIS information.
• Review collision history data (City to provide collision data).
• Collect and review AM peak hour turning movement counts and review City provided
intersection turning movement counts for PM peak hours.
• Coordinate with the City and private utilities to ensure utility information is shown
correctly within the plan set.
• Collect existing record drawings within the project vicinity.
Assumption(s):
1. The existing conditions site visit shall occur after survey has been collected.
2. City will provide information in electronic PDF format, including traffic counts, collision
history and background records.
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Deliverable(s):
1. Tech memo summary of project existing condition site visit.
2. Tech memo summary of utility coordination data revisions or updates.
3. Electronic publication of collected documents.
2.2 Survey
The CONSULTANT shall collect surface topo survey within the project limits per City
standards at the time of contract execution. Survey shall extend 100 feet along roadway
corridors beyond corridor limits shown in the Concept figure at the beginning of this scope
document.
The CONSULTANT shall collect right-of-way survey within the project vicinity. Monuments
shall be located and used to establish rights -of -way for a distance of 100 feet beyond the
anticipated project limits.
The CONSULTANT shall collect, through private 3rd party utility locator, surface visual utility
locate marks, including drainage and sewer utility measure -downs of accessible catch basins,
manholes, inlets, and other drainage structures within the project limits.
Information on non -visual underground utilities shall be collected by the CONSULTANT using
GIS information, record drawings, or through 811 cursory requests.
The CONSULTANT shall develop a Civil 3D basemap of the existing conditions per the City
Standards and a Civil 3D existing condition Digital Terrain Model.
Topo survey shall not be collected beyond the ROW limits.
AssumRtion(s)
• Civil 3D 2020 shall be the project's existing condition file format.
• Mapping will conform to City standards provided by City. APWA standards will be
used if the City does not provide specific survey standards at time contract execution.
• Survey requiring confined space entry is beyond the scope of work. Manholes over 25
feet deep or full of debris/water may not be as -built since they may require confined
space entry to access the manhole in order to accurately measure the depth (if needed).
• Trees 6" DBH and larger will be surveyed. Trees will be labeled with trunk and dripline
diameter and will be classified as coniferous or deciduous on the basemap survey.
• Survey basemaps will be provided in NAD 83(2011) horizontal, Washington State Plane,
North Zone and NAVD 88 vertical datums, in U.S. Survey Feet, unless otherwise
directed.
• CONSULTANT will use a private 3rd party utility locator to field verify and place utility
paint marks on ground. CONSULANT will collect the field marked utility locates and
depict those locations on the basemap.
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Provision of parcel lines will be made available via current GIS layers. If a TCE or right-
of-way need is established in the concept design submittal, the CONSULTANT and the
City shall negotiate survey boundary calculation services in a future amendment, with
possible utilization of the management reserve fund.
Y The horizontal and vertical control drawing may be one (1) plan sheet.
Deliverable(s):
1. Existing Conditions survey in Civil 3D 2020 format in 2D and 3D with right-of-way
limits.
2. Existing Surface DTM in Civil 3D 2020 format.
3. Horizontal and Vertical Control Drawings.
Task 3: Public Involvement Support
3.1 Virtual Engagement
CONSULTANT will support a virtual public engagement process, which will include two
online open houses. An informal survey/comment process may also be developed by the
CONSULTANT to seek feedback on relevant project topics with the public.
CONSULTANT will provide graphic and written materials to the City for posting on the City's
project website throughout the course of the project and open house content.
Assumption(s):
1. City will maintain and host the project website and two virtual open houses.
2. The City will host the survey on a City administered website.
3. CONSULTANT will design the survey/comment process content for the City to review.
4. Translation services shall be provided by the City for public materials, if needed.
3.2 Project Advertising and Public Engagement
The CONSULTANT shall prepare a hard copy mailer for all property owners on the corridor
after NTP to communicate a project is coming, notify the public of engagement opportunities,
and provide opportunities to communicate desires and needs to the design team.
The CONSULTANT will participate in up to four listening sessions with residents along the
corridor to understand key issues and concerns with the proposed alternative.
The CONSULTANT will prepare one fact sheet about the project that will serve as an
attachment for email communications and will be posted on the City's website.
Assumption(s):
1. City staff will print and mail hard copy mailer and post cards.
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Deliverable(s):
1. Public outreach graphics.
2. Content for hard copy mailer.
3. Documentation of public comments in an Excel or Word Document.
Task 4: ME Design
4.1 Basis of Design
The CONSULTANT shall prepare a basis of design documenting design decisions, standards,
and guidelines used in the design work and key assumptions in coordination with the City.
Deliverable(s):
1. Basis of Design (living document).
4.2 Concept Design
The CONSULANT shall develop a concept design of the project area and provide a
recommendation for major project elements to move into final design to the City. The concept
design phase shall:
1. Evaluate constructability phasing and traffic management during construction.
2. Determination of required turning vehicle movements and design speeds.
3. Evaluate opportunities to address stakeholder requests and concerns.
4. Evaluate illumination needs for the project. (see 4.4.08 for more info).
5. Identify design challenges and solutions, including the walking and biking
environment.
6. Identify potential utility impacts.
7. Conceptually define landscape treatments and areas for potential Low Impact
Development techniques.
8. Identify potential wall locations and heights in the corridor with recommended wall
types, if needed to avoid Right of Way impacts.
Assumption(s):
1. The design team shall develop a corridor exhibit identifying recommended project
elements to move into final design.
2. A workshop shall be held with the design team and the City to review the
recommended project elements.
3. A planning -level cost estimate shall be developed for the recommended project
elements.
7 OF 16
Deliverable(s):
1. Concept Design Recommendation Figures.
2. Illumination study findings and recommendations.
3. Planning -level cost estimate technical memo.
4.3 Operations & Safety Analysis
Operational Analysis
The CONSULTANT shall evaluate the existing and future no -build and build traffic conditions
for the intersection. Existing year shall be based on traffic counts collected in 2021 or provided
by the City, at the intersection. Future traffic will be estimated for a design year of 2040 by
considering a flat growth rate approximating observed growth in local travel demand forecast
models for the area, unless directed otherwise. The analysis shall consider a single AM and PM
peak hour for all scenarios. Results shall be presented in a short technical memo with an
executive summary.
Assumptions:
1. The analysis for the stop -controlled conditions shall be conducted in Sidra using
Highway Capacity Manual version 6 methodology.
2. Roundabout build conditions will be modeled in Sidra software per WSDOT
roundabout modeling requirements.
Deliverables:
1. Traffic Modeling Files for the following:
a. AM peak hour existing no -build model
b. AM peak hour existing build model
c. AM peak hour future no -build model
d. AM peak hour future build model
e. PM peak hour existing no -build
f. PM peak hour existing build scenario
g. PM peak hour future no -build model
h. PM peak hour future build model
2. Draft & Final Traffic Operations Summary Memorandum
Intersection Safety Analysis
The CONSUTLANT shall prepare a Safety Performance for Intersection Control Evaluation
(SPICE) using the SPICE spreadsheet tool available through the FHWA Highway Safety Manual
tools website. The SPICE will include the existing stop control scenario as well as the single lane
roundabout build scenario for a build and opening year.
Deliverables:
1. SPICE Spreadsheet (.xlsm format)
2. Draft & Final SPICE Summary Memorandum
8 OF 16
4.4 ME
The CONSULTANT shall prepare plans, specifications, and cost estimates for the project.
Assumption(s):
1. Submittals shall be electronic.
2. Sheet scale for full civil drawings will be 1:20, unless additional detail or clarity is
needed.
3. No protected aquifers exist within the limits of this project.
4. Contractor to provide Stormwater Pollution Prevention Plan (SWPPP).
5. All work will be completed with AutoCAD 2020 and Civil 3D 2020 software.
Deliverable(s):
1. 30 % PS&E Submittal:
a. 30% Plan Set (11x17 PDF)
b. 30% Cost Estimate
c. Basis of Design Memo (PDF)
d. Draft Traffic Analysis (PDF)
2. 85 % PS&E Submittal:
a. 85% Plan Set (11x17 PDF)
b. 85% Cost Estimate
c. Specifications
d. Response to City 30% comments (PDF or Excel)
3. 100 % PS&E Submittal:
a. 100% Plan Set (11x17 PDF)
b. 100% Cost Estimate
c. Specifications
d. Response to City 85% comments (PDF or Excel)
4. Ad -Ready Submittal:
a. Final Plan Set (11x17, 22x34 PDF and digital CAD files)
b. Final Cost Estimate
c. Final Specifications
d. Response to City 100% comments (PDF or Excel)
4.4.1 General Plans
The CONSULTANT shall develop and update a cover sheet and drawings index. The
CONSULTANT shall document general notes, abbreviations, and symbols.
The CONSULTANT shall develop survey control sheets for the project based on collected
topographical survey, providing horizontal and vertical control for the project.
9OF16
Deliverable(s):
1. Cover sheet.
2. General notes and legend sheet.
3. Survey control sheets.
4.4.2 Site Prep/TESC and Utility Plan
The CONSULTANT shall identify demolition activities, including items to be abandoned,
salvaged, recycled, or removed, and facilities that need to be protected during construction.
Demolition plans shall include surface feature items, such as pavements by type, sidewalk,
curbs, walls, building structures and foundations, and miscellaneous structures. Demolition
required for utilities, drainage features, signing, striping, signalization, and illumination shall
not be included in these drawings and shall be shown on the relevant discipline drawings.
Temporary erosion and sediment control plans shall be shown on the Site Preparation Plans or
as a stand-alone set depending on the Consultant's opinion on plan clarity.
Franchise utility relocation shall be shown within the same drawing set, if needed.
ASSUniptioii(s):
1. Utility plans for storm system modifications will be shown on separated Plan sheets.
Deliverable(s):
1. Site Preparation/ TESC and Franchise Utility Plans.
4.4.3 Roadway/ROW Plans
The CONSULTANT shall produce roadway paving plans for the project and include any ROW
information in the alignment sheets.
Assumption(s):
1. Plan sheets and profile sheets may be on separate plan sheets.
2. Pavement sections depths for inclusion into the project shall be provided to the
CONSULTANT by the City.
3. Alternative methods of showing vertical control information, such spot elevation
grading details or curb profiles, may be used in place of traditional vertical profile plans
with super elevation tables if it simplifies the design and construction effort.
Deliverable(s):
1. Horizontal Alignment/ROW Plans and Vertical Profile or Vertical Control Plans.
2. Paving Plans and Typical Sections Plans.
3. Paving Details.
4. Intersection Plans and Ramp Details.
10 OF 16
4.4.4 Channelization and Signage Plans
The CONSULTANT shall develop a channelization and signage plans for the project.
Assumption(s):
1. City roadway signage within the corridor shall be replaced.
2. Other agency or private signage will be reused unless otherwise provided by their
respective owner(s).
Deliverable(s):
1. Channelization and Signage Plans.
4.4.5 Construction Phasing Plan 1 Traffic Control Plans
The CONSULTANT shall develop Construction Phasing Plans for the project meeting the City's
traffic control plan requirements.
The CONSULTANT shall develop Traffic Control Plans to meet the City's permitting needs.
Approved traffic control plans shall be available for contractor use, but shall require a
resubmittal by the Contractor for implementation.
Assumption(s):
1. City shall provide MUTCD edition or City criteria for use by the CONSULTANT.
2. Construction Phasing Plans shall identify high-level traffic phasing approach, such as
detours and contractual access requirements.
3. Traffic Control Plans shall document work zone details meeting WSDOT traffic control
plan guidelines on detail development, limited to four locations/applications.
4. The Contractor may use the traffic control plans upon resubmittal and approval to the
City during construction.
Deliverable(sl:
1. Construction Phasing Plans.
2. Traffic Control Plans for up to four applications
4.4.6 Stormwater Report
The CONSULTANT will prepare a preliminary and final Storm Drainage Technical Information
Report (TIR). Stormwater Management criteria shall be per King County and City of Federal
Way drainage code requirements.
The CONSULTANT will meet with City staff to review and discuss existing and future
drainage conditions, and potential drainage solutions for Stormwater runoff mitigation to be
implemented by the project. The draft stormwater report shall be turned in near the 60%
submittal milestone.
11 OF 16
Upon receiving City comments, the CONSULTANT shall formally reply to comments via
written response. A final report shall be produced and submitted to the City with the 85% plan
set.
Deliverable(s):
1. Draft and Final stormwater report.
2. Draft stormwater report comment responses.
4.4.7 Stormwater Plans
The CONSULTANT shall perform an engineering analysis and design a stormwater system
within the project limits to meet current stormwater requirements. The drawings shall show
removals and abandonment of existing stormwater features by the project.
Assumption(s):
Stormwater design will meet the requirements of the City and King County at the time
of contract NTP.
2. Conveyance design will only include stormwater systems within the limits of the
project. Capacity analysis and design of off -site stormwater conveyance systems is not
included in this scope of work.
3. The existing storm and sewer systems are separated systems. Combined sewer system
design is not included in this scope of work.
Deliverable(s):
1. Stormwater plans, profiles, and details.
4.4.8 Lighting Analysis
The CONSULTANT will evaluate existing illumination in the vicinity of the project intersection
and develop recommendations to improve the lighting if necessary. Lighting evaluation will be
consistent with WSDOT and City of Federal Way standards. The analysis will be completed
using AGi 32 software. The CONSULTANT will develop a cost estimate of the
recommendations. The CONSULTANT will submit an Existing Conditions memo summarizing
the existing conditions lighting analysis, and a recommendations memo summarizing
recommended illumination investments for the intersection, with concept level cost estimate.
Assumption(s):
City shall provide lighting fixture information and illumination standards and
specifications.
Deliverable(s):
1. Existing Lighting analysis memo with Light level exhibits.
2. Memo addressing recommended illumination investments in the corridor.
12 OF 16
4.4.9 Lighting Design
The CONSULTANT will develop lighting plans for spot illumination upgrades for the
intersection if included in the final project scope. The drawings shall show removals and
abandonment of existing lighting elements by the project and installation of all new lighting
elements, including pedestrian lighting elements. The CONSUTANT will coordinate power
needs with applicable utilities, including service applications. Plan will account for metered
electrical service to provide power for the street and pedestrian lighting system as well as
festoon power outlets.
AssMMRtion(s):
1. City shall provide lighting fixture information and illumination standards and
specifications.
2. CONSULTANT design effort is limited to four street illumination pole installations and
one service applications.
3. CONSULTANT shall develop foundation designs based on standard designs.
Deliverable(s):
1. Lighting plans and details for 30%, 85%, and 100% design (up to 2 sheets per submittal).
4.4.10 Engineer's Estimate and Project Specifications
The CONSULTANT shall deliver an estimate for construction costs for all milestones broken
out into funding categories as direct by the City. The estimate shall be submitted in Microsoft
Excel (XLSX) format.
The CONSULTANT shall deliver technical specifications for the project per WSDOT/APWA
standard specifications using City Standards.
Assnmption(s):
1. In providing opinions of cost, financial analyses, economic feasibility projections, and
schedules for the project, the CONSULTANT shall have no control over cost or price of
labor and materials, unknown or latent conditions of existing equipment or structures
that might affect operation or maintenance costs, competitive bidding procedures and
market conditions, time or quality of performance by operating personnel or third
parties, and other economic and operational factors that might materially affect the
ultimate project cost or schedule. The CONSULTANT, therefore, shall not warranty that
the actual project costs, financial aspects, economic feasibility, or schedules shall not
vary from CONSULTANT's opinions, analyses, projections, or estimates.
2. Budget -level cost estimates shall include appropriate contingency factors to account for
project uncertainties that cannot be explicitly accounted for at the projects various
engineering stages. Risks that have been identified shall be listed along with potential
cost and schedule impacts.
13 OF 16
The effort to prepare quantities for the estimate unit cost items and lump sums shall be
provided under the respective design discipline task using the City's standard
measurements.
4. All "soft costs" to be included within the cost estimate, such as City -procured items, and
City self -performed work will be provided to the CONSULTANT two weeks before the
estimate due date.
5. The CONSULTANT shall not prepare quantity tabulation sheets.
6. Quantities shall be developed from engineered drawings to the maximum extent
feasible.
7. City shall provide direction on what edition of WSDOT Standard Specifications to use in
project manuals developed by the CONSULTANT
Deliverable(s):
1. Estimate in excel format with notes provided on basis of estimate.
2. Pre 85% Specification Outline
3. Project Manual at the 85%,100% and final submittals.
4.4.11 QAIQC
The CONSULTANT shall conduct thorough quality reviews and checks for each submittal.
This task covers senior reviews of major work deliverables, including the concept design work.
The project quality manager shall be responsible for ensuring that they are completed and
documented. Such reviews shall be performed after deliverables are assembled and before their
submittal to the City.
QC efforts and reviews shall encompass the work performed by the CONSULTANT and its
SUBCONSULTANTS. Routine checking of calculations, plan sheets, and other work, done as
peer review on the various discipline items, is included in the scope of the individual task.
4.4.12 Bid Support Services
The CONSULTANT shall support the City during the bidding period as needed. Support may
include addressing bidding questions, addendum production, and evaluation of bid results.
Assumption(s):
1. A level of effort of 20 CONSULTANT hours.
Deliverable(s):
1. Deliverables as requested by the City.
14 OF 16
Task 5: Environmental Services
5.1 Environmental Permitting
Task Overview
The CONSULTANT will prepare documentation and support permitting needs on the project.
Assumption(s)•
1. A Work Hour Variance Request from the City of Federal Way is not included.
2. No right-of-way, building, or other land use/ permits are included.
NEPA Technical Analysis
The Consultant shall perform a technical analysis of the environmental impacts that may result
from implementation of the project. The CONSULTANT will incorporate the results of the
technical analysis into a NEPA Checklist. A memorandum on Environmental Justice impacts
will be prepared. Where appropriate, the technical analysis will be incorporated as an
appendix.
Assumption(s)•
1. A Cultural Resource Investigation is not anticipated for this project due to nature of the
work, but will require validation / confirmation by the State of Washington due to
Federal Funding. A field Cultural Resource Investigation will be an additional service.
2. One (1) staff will assess existing conditions with a reconnaissance -level site visit. It is
assumed no in -ground survey (e.g., for wetland delineations) is required.
3. It is assumed that no other technical reports or modeling, including endangered species,
wetlands, noise, environmental health, or light and glare, will be required to complete
the NEPA documentation. ESA review will consist of a desktop review.
4. The project will qualify for a NEPA Categorical Exclusion consistent with 23 CFR
771.117.c.23.i, or c.26.
5. The City shall handle all correspondence with WSDOT.
6. The City shall handle all required public noticing requirements (i.e., posting the site if
applicable).
7. One round of revisions (based upon City and/or WSDOT comments) is included.
Deliverable(s):
1. Electronic copies of the Draft and Final Environmental Justice memorandum.
2. Electronic copies of the Draft NEPA Checklist and Final NEPA Checklist in PDF format.
15 OF 16
SEPA Coordination
The CONSULTANT will utilize the NEPA documentation described above to process SEPA
through the City of Federal Way.
Assumption(s):
1. A SEPA Checklist will not be prepared; NEPA documentation will be utilized by the
City to meet SEPA documentation needs.
2. The SEPA will not be appealed and support for an appeal is not included.
3. A SEPA Addendum is not included.
Task 6: Management Reserve
6.1 Management Reserve
A design phase reserve may be utilized by the CONSULANT at the approval of the City to
perform design services beyond the assumptions in the design services scope of work or work
critical for project delivery not identified in the Scope of Work.
Assumption(s):
1. The management reserve shall only be used with written approval of the City to address
specific project issues identified by the CONSULTANT.
2. The Management Reserve fund is a design allowance fund to address project elements
not identified at project scoping.
Deliverable(s)
1. The CONSULTANT shall provide a written request with scope of work and proposed
level of effort to the City if the CONSULTANT identifies required project services
outside the scope of work.
16 OF 16
Exhibit B
N/A
DBE Participation
Agreement Number:
Exhibit B - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Page 1 of 1
Exhibit C
Preparation and Delivery of Electronic Engineering and Other Data
In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is
to use in preparing electronic files for transmission to the agency. The format and standards to be provided may
include, but are not limited to, the following:
I. Surveying, Roadway Design & Plans Preparation Section
A. Survey Data
AutoCAD 2020
Civil 3D 2020
Horizontal control: Washington State Plane Coord NAD 83/11
Vertical control: North American Vertical Datum of 1988 (NAVD-88)
Survey data shall be provided as part of the Computer Aided Drafting (CAD) file submittal. Individual
topographic survey points shall be included as part of the files.
B. Roadway Design Files
AutoCAD 2020
Civil 3D 2020
Roadway Design Files shall be provided as part of the CAD file submittal, along with any other design files
prepared by the Consultant.
C. Computer Aided Drafting Files
AutoCAD 2020
Civil 3D 2020
Agreement Number:
Exhibit C - Local Agency ABE Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 4
D. Specify the Agency's Right to Review Product with the Consultant
The Agency reserves the right to review the Consultant's work product at any time during the project.
E. Specify the Electronic Deliverables to Be Provided to the Agency
Electronic versions of deliverables (reports, plans, contract documents, etc.) shall be provided to the
Agency (in PDF format, as well as editable electronic forinats) at the 30% completion stage, 85%
completion stage, 100% completion stage, and final documents for bidding.
F. Specify What Agency Furnished Services and Information Is to Be Provided
The Agency will not provide any electronic data for this project.
Agreement Number:
Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02101/2021 Page 2 of 4
II. Any Other Electronic Files to Be Provided
Electronic deliverables include digital photos (.jpg), Microsoft Project Schedules (.mpp), scanned or electronic
documents (.pdf, .doc, .xls, etc.)
III. Methods to Electronically Exchange Data
Data is to be transferred by email, or file transfer sites.
Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Page 3 of 4
A. Agency Software Suite
The City of Federal Way software suite is Microsoft Office.
The City of Federal Way operating system is Windows 10.
The City of Federal Way uses B1ueBeam Revu.
B. Electronic Messaging System
The City of Federal Way email software is Microsoft Outlook. All emails are subject to public records
requests.
C. File Transfers Format
See previous sections.
Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Page 4 of 4
Exhibit D
See attached Exhibit D
Prime Consultant Cost Computations
Agreement Number:
Exhibit D - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Page 1 of 1
Exhibit D
Fee Proposal
27th Ave SW -SW 344th St Compact Roundabout
KPFF Consulting Engineers and Subconsultants
0—f—l.cr_7I
Description
KPFF
Civil
Fehr and Peers
KPFF Survey
Watershed
Total Cost
Task 1
Project Management
$
10,858.07
$
3,047.71
$
-
$
528.62
$
14,434.40
1.1
Contract Admin
$
5,857.73
$
1,606.03
$
-
$
-
$
7,463.76
1.2
Project Management Plan
$
2,228.48
$
620.47
$
-
$
-
$
2,848.96
1.3
Coordination Meetings
$
2,771.85
$
821.20
$
-
$
528.62
$
4,121.68
Task 2
Data Collection
3,377.70
$
961.08
$
13,407.35
$
-
$
17,746.13
Data Collection
$
3,377.70
$
961.08
-
4,338.78
2.2
Survey
$
-
$
$
13,407.35
-
$
13,407.35
Task 3
Public Involvement Support
$
7,029.58
$
-
$
-
$
-
$
7,029.58
Virtual ngagement
$
3,342,733,342.13
3.2
Project Advertising and Public Engagement
$
3,686.85
$
$
-
$
$
3,686.85
Task 4
PS&E Design
64,426.06
21,094.78
$
-
5
-
$
85,520.83
4.1
Basis of Design
$
1,653.77
$
720.84
$
$
-
$
2,374.61
4.2
Concept Design
$
4,191.02
$
380.17
$
-
$
-
$
4,571.20
4.3
Operations & Safety Analysis
$
-
$
5,063.78
$
-
$
$
5,063.78
4.4
PS&E
$
-
$
-
$
-
$
$
-
4.4.01
General Plans
$
1,863.73
$
$
-
$
$
1,863.73
4.4.02
Site Prep/TESC and Utility Plan
$
5,074.51
$
$
-
$
$
5,074.51
4.4.03
Roadway/ROW Plans
$
11,948.92
$
$
-
$
$
11,948.92
4.4.04
Channelization and Signage Plans
$
11,074.20
$
$
-
$
$
11,074.20
4.4.05
Construction Phasing Plan/Traffic Control Plans
$
3,483.71
$
$
$
$
3,483.71
4.4.06
Stormwater Report
$
3,596.11
$
-
$
$
$
3,596.11
4.4.07
Stormwater Plans
$
8,994.07
$
$
$
$
8,994.07
4.4.08
Lighting Analysis
$
-
$
1,721.42
$
$
$
1,721.42
4.4.09
Lighting Design
$
-
$
11,073.54
$
-
$
-
$
11,073.54
4.4.10
Engineer's Estimate and Project Specifications
$
6,127.57
$
2,135.03
$
$
$
8,262.60
4.4.11
QA/QC
$
4,281.77
$
$
-
$
$
4,281.77
4.4.12
Bid Support Services
$
2,136.66
$
$
$
$
21136.66
Task 5
Environmental Services
-
$
-
-
9,238.58
$
9,238.58
5.1
Environmental Permitting
$
$
$
$
-
$
-
5.2.1
NEPA Technical Analysis
$
$
$
-
$
7,893.47
$
7,893.47
5.2.2
SEPA Coordination
$
$
$
-
$
1,345.10
Task 6
Management Reserve
10,000.00
$
-
-
-
10,000.00
6.1
Management Reserve
$
-
$
-
$
-
$
$
-
Total Labor Cost by Firm
$
95,691.41
$
25,103.56
$
13,407.35
1 $
9,767.19
$
143,969.51
Reimbursable Costs by Firm
$
108.90
$
- I $
920.00
$ - 1 $
1,028.90
Subtotal
$
95,800.31
$
25,103.56
1 $
14,327.35
$ 9,767.19
1 $
144,998.41
Page 1 of 1
Fee Proposal
27th Ave SW -SW 344th St Compact Roundabout 140.717i Overhead Rate
KPFF Consulting Engineers (Prime) 3000?; Proftt=
Ccnfnmher_7'I
vac:�hr
f3^,,"_�E.•.. _
-���'
LM
Page 1 of 1
Fee Proposal
27th Ave SW -SW 344th St Compact Roundabout 140.71% Overhead Rate
KPFF Survey 30.00% Profit=
September-21
Name
Total Hours
Total Direct Salary
Cost
Description
p
Principal
Associate
Project
Surveyor
Crew Chief
Instrument
Person
CADD Drafter
Direct Rate
$ 72.11
$ 46.00
$ 36.00
$ 31.00
$ 25.00
$ 30.00
Task i
Project Management
0
0
0
0
0
0
1.1
Contract Admin
0
$
1.2
Project Management Plan
0
$
1,3
Coordination Meetings
0
$
Task 2
Data Collection
6
0
24
56
46
24
Data Collection
0
5
[.
curvev
6
0
24
56
48
24
158
$ 4,952.66
Task 3
Public Involvement Support
0
0
0
0
0
0
3.2
Proiect Advertising and Public Engagement
0
$
Task 4
PSBE Design
0
0
0
0
0
0
4.1
Basis of Design
0
$
4.2
Concept Design
0
$
4.3
Operations & Safety Analysis
0
$
4.4
PS&E
0
$
4.4.01
General Plans
0
$
4.402
Site PrepfTESC and Utility Plan
0
1 $
4.4.03
Roadway/ROW Plans
0
$
4.4.04
Channelization and Signage Plans
0
$
4.4.05
Construction Phasing Plan/Traffic Control Plans
0
$
4.4.06
Stonnwater Report
0
$
4.4.07
Stormwater Plans
0
$
4.4.08
Lighting Analysis
0
$
4.4.09
Lighting Design
0
$
4.4.10
Engineers Estimate and Project Specifications
0
$ -
4.4.11
OA/QC
0
$
4.4.12
Bid Support Services
0
$ -
Task 5
Environmental Services
0
0
0
0
0
0
S
Task 6
Management Reserve
0
0
0
0
0
0
Total Hours per person
6
0
24
56
48
24
158.0
Direct Salary
$ 432.66
S
S 864.00
$ 1,736.00
$ 1,200.00
$ 720.00
$ 4,952.66
Overhead Costs
$ 608.80
$
$ 1,215.73
S 2.442.73
S 1.688.52
$ 1,013.11
$ 6,968.89
Profit
$ 129.80
$
$ 259.20
$ 520.80
$ 360.00
$ 216.00
S 1.485.80
Total Fee excluding reimbursables
$ 1,171.25
$
S 2.338.93
$ 4,699.53
$ 3,248.52
$ 1,949.11
S 13.407,35
COI CC
Item
Quantity
Unit
Unit Cost
Sub -Totals
Totals
S
$
APS Conductible Locates RM($115/hr)
8
hour
$ 115.00
$ 920.00
$ 920.00
$
$
$
$
Total
S 920.00
Total Cost S 14.327
Page 1 of 1
Exhibit E
Sub -consultant Cost Computations
If no sub -consultant participation at this time. The CONSULTANT shall not sub -contract for the
performance of any work under this AGREEMENT without prior written permission of the AGENCY.
Refer to section VI "Sub -Contracting" of this AGREEMENT.
See attached Exhibit E
Agreement Number:
Exhibit E - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Page 1 of 1
Exhibit E
Fee Proposal
27th Ave SW -SW 344th St Compact Roundabout 189.31% Overhead Rate
Fehr and Peers 27.00% Profit
September-21
Name
Daniel Dye
Chris Grgich
Nick Harris
Jim Moser
Brittany
Skinner
Total Hours
Total Direct Salary
cost
Description
p
Project
Manager
Associate -in-
Charge
Design
Engineer
CAD Support
Admin
Direct Rate
$ 43.27
$ 54.81
$ 32.69
$ 44.23
$ 35.10
Task 1
Project Management
10
2
0
0
12
1.1
ContractAdmin
2
12
14
$ 507.74
1.2
Project Management Plan
2
2
0
4
$ 196.16
1.3
Coordination Meetings
6
0
0
6
$ 259.62
Task 2
Data Collection
4
0
4
0
0
2.1
Data Collection
4
0 1
4
8
$ 303.84
purvey
0
$
Public Involvement Support
0
0
0
0
0iF
F3.2
ngagement
Project Advertising and Public Engagement
0
$ -
Task 4
PSBE Design
30
22
1 122
4
0
4.1
Basis of Design
4
1
0
5
$ 227.89
4.2
Concept Design
1
2
3
$ 120.19
4.3
Operations & Safety Analysis
6
3
36
45
$ 1.600.89
4.4
PS&E
0
$ -
4.4.01
General Plans
0
$
4.4.02
Site Prep(TESC and Utility Plan
0
$
4.4.03
Roadway/ROW Plans
0
$
4.4.u4
Channelization and Signage Plans
0
$
4.4.05
Construction Phasing Plan/Traffic Control Plans
0
$
4.4.06
Stormwater Report
0
$
4.4.ut
Stormwater Plans
0
$ -
4.4.u8
Lighting Analysis
4
2
8
14
$ 544.22
4.4.u9
Lighting Design
12
13
64
4
93
$ 3.500.85
4.4.10
Engineers Estimate and Project Specifications
4
2
12
18
$ 614.98
4.4.11
QAIQC
0
$
4.4.12
Bid Support Services
0
$
Task 5
Environmental Services
0
0
0
0
0
$
Task 6
Management Reserve
0
0
0
0
0
Total Hours per person
44
24
126
4
12
210.0
Duo.d "Aary
$ 1,903.B8
$ 1,315.44
$ 4,11B.94
$ 176.92
$ 421.20
$ 7,936.38
Overhead Costs
$ 3,604.24
$ 2,490.26
$ 7,797.57
$ 334.93
$ 797.37
$ 15,024.36
Profit
$ 514.05
$ 355.17
$ 1,112.11
$ 47.77
$ 113.72
$ 2.142.82
Total Fee excluding reimbursables
$ 6,022.16
$ 4,160.87
$ 13,028.62
$ 559.621
$ 1,332.30
$ 25,103.56
DCIWDIIDCADI CC
Item
Quantity
Unit
Unit Cost
Sub -Totals
Totals
Mileage
Miles
$ 0.55
$
$
Fliers - print shop costs
Flier
5 1.00
$
$
Siqns
Sign
$ 35.00
$
$
Translations
Page
$ 100.00
$
$
$
5
$
Total
$
Total Cost S 25,104
Page 1 of 1
Fee Proposal
27th Ave SW -SW 344th St Compact Roundabout 181.W. Overhead Rate
The Wateshed Group 27.00% IPtcjfit=
Cohn lanl_7�
••
®®®®®
=
®
rolwA ManagementPlan
---------I
®
•• • . • I.. •Construction
--------I
Virtual Engagement
U=7e—neral
Rams
�—S—ile—Fne—VrEgi,
'and utility Pjan
rhannelizallon and Signage Flans
—_—_—_—_--_—_—__—I
Phasing Plan/Traft Control Plams
Stormwater Plans
SEPA Coordination
i
Page 1 of 1
Exhibit F - Title V1 Assurances Appendix A & E
APPENDIX A
During the performance of this contract, the contractor, for itself, its assignees, and successors in
interest (hereinafter referred to as the "contractor") agrees as follows:
1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts
and the Regulations relative to Non-discrimination in Federally -assisted programs of the U.S. Department of
Transportation, (Title of Modal Operating Administration), as they may be amended from time to time, which
are herein incorporated by reference and made a part of this contract.
2. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not
discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors,
including procurements of materials and leases of equipment. The contractor will not participate directly or
indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices
when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21.
[Include Modal Operating Administration specific program requirements.]
Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations,
either by competitive bidding, or negotiation made by the contractor 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 contractor of the contractor's obligations under this contract and the Acts and
the Regulations relative to Non-discrimination on the grounds of race, color, or national origin. [Include
Modal Operating Administration specific program requirements.]
4. Information and Reports: The contractor 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 Recipient or the (Title of Modal
Operating Administration) to be pertinent to ascertain compliance with such Acts, Regulations, and
instructions. Where any information required of a contractor is in the exclusive possession of another who fails
or refuses to furnish the information, the contractor will so certify to the Recipient or the (Title of Modal
Operating Administration), as appropriate, and will set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non- discrimination
provisions of this contract, the Recipient will impose such contract sanctions as it or the (Title of Modal
Operating Administration) may determine to be appropriate, including, but not limited to:
a. withholding payments to the contractor under the contract until the contractor complies; and/or
b. cancelling, terminating, or suspending a contract, in whole or in part.
6. Incorporation of Provisions: The contractor 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 contractor will take action with respect to any
subcontract or procurement as the Recipient or the (Title of Modal Operating Administration) may direct as a
means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor
becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction,
the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In
addition, the contractor may request the United States to enter into the litigation to protect the interests of the
United States.
Local Agency A&E Professional Services Cost Agreement Number
Plus Fixed Fee Consultant Agreement Revised 0210112021
Exhibit F - Title VI Assurances Appendix A & E
APPENDIX E
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the "contractor") 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 CFR 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 CFR 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 47123), 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.F.R. parts 37 and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and
Low -Income Populations, which ensures discrimination against minority populations by discouraging
programs, policies, and activities with disproportionately high and adverse human health or
environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency,
and resulting agency guidance, national origin discrimination includes discrimination because of limited
English proficiency (LEP). To ensure compliance with Title VI, 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).
Local Agency A&E Proji ssional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0210112021
Exhibit G
Exhibit G-1(a)
Exhibit G-1(b)
Exhibit G-2
Exhibit G-3
Exhibit G-4
Certification Documents
Certification of Consultant
Certification of
Certification Regarding Debarment, Suspension and Other Responsibility Matters -
Primary Covered Transactions
Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
Certificate of Current Cost or Pricing Data
Agreement Number:
Exhibit G -Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Page 1 of 1
Exhibit G-1(a) Certification of Consultant
I hereby certify that I am the and duly authorized representative of the firm of
KPFF, Inc.
whose address is
1601 Fifth Avenue, Suite 1600, Seattle, WA 98101
and that neither the above firm nor I have:
a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration,
any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT)
to solicit or secure this AGREEMENT;
b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of
any firm or person in connection with carrying out this AGREEMENT; or
c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely
for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in
connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any);
I acknowledge that this certificate is to be furnished to the WSDOT
and the Federal Highway Administration, U.S. Department of Transportation in connection with this
AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and
Federal laws, both criminal and civil.
KPFF, Inc.
Consultant (Firm Name)
G
Sig*'ure (Auth6rized Official of Consultant)
Date
Agreement Number:
Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021
Exhibit G-1(b) Certification of City of Federal Way
I hereby certify that I am the:
0 Mayor
❑ Other
of the City of Federal Way , and City of Federal Way
or its representative has not been required, directly or indirectly as an express or implied condition in connection
with obtaining or carrying out this AGREEMENT to:
a) Employ or retain, or agree to employ to retain, any firm or person; or
b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration
of any kind; except as hereby expressly stated (if any):
I acknowledge that this certificate is to be furnished to the WSDOT
and the Federal Highway Administration, U.S. Department of Transportation, in connection with this
AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and
Federal laws, both criminal and civil.
(Io a
Date
Agreement Number:
Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02 O112021
Exhibit G-2 Certification Regarding Debarment, Suspension and Other
Responsibility Matters - Primary Covered Transactions
I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals:
A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
B. Have not within a three (3) year period preceding this proposal been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under
a public transaction; violation of Federal or State anti-trust statues or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving
stolen property;
C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b)
of this certification; and
D. Have not within a three (3) year period preceding this application / proposal had one or more public
transactions (Federal, State and local) terminated for cause or default.
II. Where the prospective primary participant is unable to certify to any of the statements in this certification,
such prospective participant shall attach an explanation to this proposal.
KPFF, Inc.
Consultant (Firm Name)
01 k04�L_
Si lure (Authorized Official of Consultant)
Date
Agreement Number:
Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021
Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds
for Lobbying
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any Federal agency, a Member
of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative AGREEMENT, and the extension, continuation, renewal, amendment,
or modification of Federal contract, grant, loan or cooperative AGREEMENT.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete and submit
Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into
this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000.00, and not more than $100,000.00,
for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require
that the language of this certification be included in all lower tier sub -contracts, which exceed $100,000,
and that all such sub -recipients shall certify and disclose accordingly.
KPFF, Inc.
Consultant (Firm Name)
( 4 X_S�"
Sig re (Authorized Official of Consultant)
II- I1- aoa 1
Date
Agreement Number:
Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02101/2021
Exhibit G-4 Certificate of Current Cost or Pricing Data
This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section
2.101 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted,
either actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer's
representative in support of the 27th Ave SW at SW 344th St CRAB * are accurate, complete, and current
as of September 21, 2021 **.
This certification includes the cost or pricing data supporting any advance AGREEMENT's and forward pricing
rate AGREEMENT's between the offer or and the Government that are part of the proposal.
Firm: KPFF, Inc.
Sig ure
Date of Execution***:
I I- I1-; o
Title
*Identify the proposal, quotation, request for pricing adjustment, or other submission involved, giving the appropriate identifying number (e.g. project title.)
**Insert the day, month, and year, when price negotiations were concluded and price AGREEMENT was reached.
***Insert the day, month, and year, of signing, which should be as close as practicable to the date when the price negotiations were concluded and the
contract price was agreed to.
Agreement Number:
Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021
Exhibit H
Liability Insurance Increase
To Be Used Only If Insurance Requirements Are Increased NOT USED
The professional liability limit of the CONSULTANT to the AGENCY identified in Section XII, Legal Relations
and Insurance of this Agreement is amended to $
The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the
amount of $
Such insurance coverage shall be evidenced by one of the following methods:
• Certificate of Insurance.
• Self-insurance through an irrevocable Letter of Credit from a qualified financial institution.
Self-insurance through documentation of a separate fund established exclusively for the payment of professional
liability claims, including claim amounts already reserved against the fund, safeguards established for payment
from the fund, a copy of the latest annual financial statements, and disclosure of the investment portfolio for
those funds.
Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed
$1 million per occurrence or the value of the contract, whichever is greater, then justification shall be submitted
to the Federal Highway Administration (FHWA) for approval to increase the minimum insurance limit.
If FHWA approval is obtained, the AGENCY may, at its own cost, reimburse the CONSULTANT for the additional
professional liability insurance required.
Notes: Cost of added insurance requirements: $
• Include all costs, fee increase, premiums.
• This cost shall not be billed against an FHWA funded project.
• For final contracts, include this exhibit.
Agreement Number:
Exhibit H - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Page 1 of 1
Exhibit I
Alleged Consultant Design Error Procedures
The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a
nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution
and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage
due to the alleged error by the consultant.
Step 1 Potential Consultant Design Error(s) is Identified by Agency's Project Manager
At the first indication of potential consultant design error(s), the first step in the process is for the Agency's
project manager to notify the Director of Public Works or Agency Engineer regarding the potential design
error(s). For federally funded projects, the Region Local Programs Engineer should be informed and
involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an
agency staff person other than the project manager, who has not been as directly involved in the project,
to be responsible for the remaining steps in these procedures.)
Step 2 Project Manager Documents the Alleged Consultant Design Error(s)
After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the
Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed
documentation than is normally required on the project. Examples include: all decisions and descriptions
of work; photographs, records of labor, materials and equipment.
Step 3 Contact the Consultant Regarding the Alleged Design Error(s)
If it is determined that there is a need to proceed further, the next step in the process is for the project
manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged
error(s). The project manager and other appropriate agency staff should represent the agency and the
consultant should be represented by their project manager and any personnel (including sub -consultants)
deemed appropriate for the alleged design error(s) issue.
Step 4 Attempt to Resolve Alleged Design Error with Consultant
After the meeting(s) with the consultant have been completed regarding the consultant's alleged design
error(s), there are three possible scenarios:
It is determined via mutual agreement that there is not a consultant design error(s). If this is the case,
then the process will not proceed beyond this point.
• It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case,
then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement
with the consultant. The settlement would be paid to the agency or the amount would be reduced from
the consultant's agreement with the agency for the services on the project in which the design error
took place. The agency is to provide LP, through the Region Local Programs Engineer, a summary
of the settlement for review and to make adjustments, if any, as to how the settlement affects federal
reimbursements. No further action is required.
• There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may
request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency
Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal
counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5.
Agreement Number:
Exhibit I - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Page 1 of 2
Step 5 Forward Documents to Local Programs
For federally funded projects all available information, including costs, should be forwarded through the
Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet
with representatives of the agency and the consultant to review the alleged design error(s), and attempt
to find a resolution to the issue. If necessary, LP will request assistance from the Attorney General's Office
for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of project costs
for federal reimbursement.
• If mutual agreement is reached, the agency and consultant adjust the scope of work and costs
to reflect the agreed upon resolution. LP, in consultation with FHWA, will identify the amount
of federal participation in the agreed upon resolution of the issue.
• If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration
or by litigation.
Agreement Number:
Exhibit I - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Page 2 of 2
Exhibit J
Consultant Claim Procedures
The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following
procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total
of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the
Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s)
that total $1,000 or less.
This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential
claim by the consultant.
Step 1 Consultant Files a Claim with the Agency Project Manager
If the consultant determines that they were requested to perform additional services that were outside
of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed
is the request for consideration of the claim to the Agency's project manager.
The consultant's claim must outline the following:
• Summation of hours by classification for each firm that is included in the claim;
• Any correspondence that directed the consultant to perform the additional work;
• Timeframe of the additional work that was outside of the project scope;
• Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with
the additional work; and
• Explanation as to why the consultant believes the additional work was outside of the agreement
scope of work.
Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation
After the consultant has completed step 1, the next step in the process is to forward the request to the
Agency's project manager. The project manager will review the consultant's claim and will met with the
Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the
FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's
recommendation for federal participation in the claim to the WSDOT Local Programs through the Region
Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from
agency funds.
If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs
(if applicable), and FHWA (if applicable) agree with the consultant's claim, send a request memo, including
backup documentation to the consultant to either supplement the agreement, or create a new agreement
for the claim. After the request has been approved, the Agency shall write the supplement and/or new
agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for
the agreement is subject to audit. No further action in needed regarding the claim procedures.
If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures.
Agreement Number:
Exhibit J - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Page 1 of 2
Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s)
If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary
for the Director of Public Works or Agency Engineer that included the following:
• Copy of information supplied by the consultant regarding the claim;
• Agency's summation of hours by classification for each firm that should be included in the claim;
• Any correspondence that directed the consultant to perform the additional work;
• Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated
with the additional work;
• Explanation regarding those areas in which the Agency does/does not agree with the consultant's
claim(s);
• Explanation to describe what has been instituted to preclude future consultant claim(s); and
• Recommendations to resolve the claim.
Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation
The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove
the claim, or portions thereof, which may include getting Agency Council or Commission approval (as
appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain
concurrence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the claim
is not eligible for federal participation, payment will need to be from agency funds.
Step 5 Informing Consultant of Decision Regarding the Claim
The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final
decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim(s)
and rationale utilized for the decision.
Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s)
The agency shall write the supplement and/or new agreement and pay the consultant the amount
of the claim. Inform the consultant that the final payment for the agreement is subject to audit.
Agreement Number:
Exhibit J - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Page 2 of 2
November 03, 2021
Christine Mullen
Senior Capital Engineer
City of Federal Way Public Works Department
33325 8th Avenue South
Federal Way, WA 98003
RE: 27th Avenue SW at SW 344th Street Compact Roundabout
Signing Authority
Dear Ms. Mullen:
Thank you for the opportunity to provide engineering services to the City of Federal Way under this
contract. KPFF is submitting formal notification that John McMillan, PE, PMP, with the title of
Associate, has authority to execute this contract.
Please let me know if you require further information.
Sincerely,
Nikhil Kalghatgi, PE
CFO
1601 Fifth Avenue, Suite 1600 Seattle, WA 98101 206-622-5822 kpff.com
Client#: 25326 KPFFINCO
DATE (MM/DD/YYYY)
ACORDTM CERTIFICATE OF LIABILITY INSURANCE 11/05/2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s).
ACT
PRODUCER NAME: Sabrina Wynn
Greyling Ins. Brokerage/EPIC PA/C. No. HONE Ext : 4707852254 - (FAX
(A C. No;:
3780 Mansell Road, Suite 370 ADDRIESS: sabrina.wynn@greyling.com
Alpharetta, GA 30022 INSURER(S) AFFORDING COVERAGE NAIC #
INSURED
KPFF, Inc.
1601 5th Ave
Suite 1600
Seattle, WA 98101
INSURER A: National Union Fire Ins. Co. 19445
INSURER B : The Continental Insurance Company 35289
INSURER C : New Hampshire Ins. Co. 23841
INSURER D : Allied World Surplus Lines Ins 24319
INSURER E :
rnvcowr_oc r^CATICIr. ATP NI IMFtPQ- 91-99 RFVISIAN NIIMRFR!
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSIR TYPE OF INSURANCE ADDLSUBR POLICY NUMBER !MM/DIDnYYYI MMUDDfYYYY LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
GL5268336
4/01 /2021
04/01/2022
EACH
$1 000.000
CLAIMS -MADE 7 OCCUR
��OCCURRENCE
PREMISESO(Eaoccurrencel
s500OOO
MED EXP (Any one person)
$25.000
PERSONAL & ADV INJURY
$1 000 000
GEN'L AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE
s2,000,000
POLICY F X1 JECOT LOG
PRODUCTS - COMP/OP AGG
s2,000,000
$
OTHER:
CA9775930
A
AUTOMOBILE LIABILITY
4/01 /2021
04/01 /202
COMBINED oemlSINGLE LIMIT
2,000,000
BODILY INJURY (Per person)
$
X ANY AUTO
BODILY INJURY (Per accident)
$
OWNED SCHEDULED
AUTOS ONLY AUTOS
HIRED NON -OWNED
X AUTOS ONLY X AUTOS ONLY
PROPERTY DAMAGE
Per accident
$
B
X
UMBRELLA LIAB
X
OCCUR
6050399824
4/01/2021
04/01/2022
EACH OCCURRENCE
$10,000,000
X
AGGREGATE
'$10,000,000
EXCESS LIAB
CLAIMS -MADE
DED X RETENTION $O
$
WCO22298245(AOS)
WCO22298244(CA)
C
C
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETORIPARTNERIEXECUTIVE
OFFICER/MEMBER EXCLUDED? N
(Mandatory In NH)
N / A
4/01 /2021
04/01 /202
OTH-
X PERTuTE ER
E.L. EACH ACCIDENT
$1.000.000
E.L DISEASE - EA EMPLOYEE
$1 000,000
E.L. DISEASE - POLICY LIMIT
$1.000,000
If yes, describe under
DESCRIPTION OF OPERATIONS below
D
Professional/
03120067
10/10/2021
10/10/2022 Per Claim $10,000,000
Pollution
Aggregate $10,000,000
Liabilit
SIR: $250.000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required)
Re: 10042100349; 27th Ave SW at SW 344th Street Compact Roundabout.
The State and Agency, their officers, employees, and agents will be named on all policies of Consultant and
any sub -consultant and/or subcontractor are named as an Additional Insured on the above referenced
liability policies with the exception of workers compensation & professional liability where required by
written contract. The above referenced liability policies with the exception of workers compensation and
(See Attached Descriptions)
I:It of Federal Way SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Y y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
33325 8th Ave South ACCORDANCE WITH THE POLICY PROVISIONS.
Federal Way, WA 98003-0000
AUTHORIZED REPRESENTATIVE
©1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD
#S2979794/M2900361 SWY01
DESCRIPTIONS (Continued from Page 1)
professional liability are primary & non-contributory where required by written contract.
Waiver of Subrogation is applicable where required by written contract & allowed by law.
Should any of the above described policies be cancelled by the issuing insurer before the expiration date
thereof, 30 days' written notice (except 10 days for nonpayment of premium) will be provided to the
Certificate Holder.
SAGITTA 25.3 (2016/03) 2 of 2
#S2979794/M2900361
POLICY NUMBER: GL5268336
04/01/2021
04/01/2022
COMMERCIAL GENERAL LIABILITY
CG20101219
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Oraanization(s) Location(s) Of Covered Operations
ANY PERSON OR ORGANIZATION WHOM YOU PER THE CONTRACT OR AGREEMENT.
BECOME OBLIGATED TO INCLUDE AS AN
ADDITIONAL INSURED AS A RESULT OF ANY
CONTRACT OR AGREEMENT YOU
HAVE ENTERED INTO.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II 6 Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury",
"property damage" or "personal and advertising
injury" caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on
your behalf;
in the performance of your ongoing operations
for the additional insured(s) at the location(s)
designated above.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and
2. If coverage provided to the additional
insured is required by a contract or
agreement, the insurance afforded to such
additional insured will not be broader than
that which you are required by the contract
or agreement to provide for such additional
insured.
B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:
This insurance does not apply to "bodily injury"
or "property damage" occurring after:
1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by
or on behalf of the additional insured(s) at
the location of the covered operations has
been completed; or
2. That portion of "your work" out of which
the injury or damage arises has been put to
its intended use by any person or
organization other than another contractor or
subcontractor engaged in ` performing
operations for a principal as a part of the
same project.
CG 20 10 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 2
C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III — Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most
we will pay on behalf of the additional insured
is the amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable limits of
insurance;
whichever is less.
This endorsement shall not increase the
applicable limits of insurance.
Page 2 of 2 0 Insurance Services Office, Inc., 2018 CG 20 10 12 19
POLICY NUMBER: GL5268336 COMMERCIAL GENERAL LIABILITY
04/01/2021 04/01/2022 CG 20 37 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location And Description Of Completed Operations
ANY PERSON OR ORGANIZATION PER THE CONTRACT OR AGREEMENT.
WHOM YOU BECOME OBLIGATED
TO INCLUDE AS AN ADDITIONAL INSURED
AS A RESULT OF ANY CONTRACT OR
AGREEMENT YOU HAVE ENTERED INTO.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II — Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part,
by "your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and
included in the "products -completed operations
hazard".
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and
2. If coverage provided to the additional
insured is required by a contract or
agreement, the insurance afforded to such
additional insured will not be broader than
that which you are required by the contract
or agreement to provide for such additional
insured.
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III — Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most
we will pay on behalf of the additional insured
is the amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable limits of
insurance;
whichever is less.
This endorsement shall not increase the
applicable limits of insurance.
CG 20 37 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 1
ENDORSEMENT
This endorsement, effective 12:01 A.M.04/01/2021 forms a part of
Policy No. CA9775930 issued to KPFF, Inc.
by National Union Fire Insurance Company of Pittsburgh, PA
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
Sf'HFI]I11 F
ADDITIONAL INSURED:
ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE CONTRACTUALLY
BOUND TO PROVIDE ADDITIONAL INSURED STATUS BUT ONLY TO THE EXTENT
OF SUCH PERSON OR ORGANIZATIONS LIABILITY ARISING OUT OF THE USE OF
A COVERED AUTO.
I. SECTION II - COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 1. - Who Is Insured, is
amended to add:
d. Any person or organization, shown in the schedule above, to whom you become obligated
to include as an additional insured under this policy, as a result of any contract or agreement
you enter into which requires you to furnish insurance to that person or organization of the
type provided by this policy, but only with respect to liability arising out of use of a covered
"auto". However, the insurance provided will not exceed the lesser of:
(1) The coverage and/or limits of this policy, or
(2) The coverage and/or limits required by said contract or agreement.
AUTHORIZED REPRESENTATIVE
87950 (9/14)
ENDORSEMENT
This endorsement, effective 12:01 A.M.04/01/2021 forms a part of
policy No. CA9775930 issued to KPFF, Inc.
by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
INSURANCE PRIMARY AS TO CERTAIN ADDITIONAL INSUREDS
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
Section IV - Business Auto Conditions, B., General Conditions, 5., Other Insurance, c., is
amended by the addition of the following sentence:
The insurance afforded under this policy to an additional insured will apply as primary
insurance for such additional insured where so required under an agreement executed prior
to the date of accident. We will not ask any insurer that has issued other insurance to such
additional insured to contribute to the settlement of loss arising out of such accident.
All other terms and conditions remain unchanged.
Authorized Representative or Countersignature (in States Where
Applicable)
74445 (10/99)
ENDORSEMENT
This endorsement, effective 12:01 A.M. 04/01/2021 forms a part of
policy No. CA9775930 issued to KPFF, Inc.
by National Union Fire Insurance Company of Pittsburgh, PA
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
Section IV - Business Auto Conditions, A. - Loss Conditions, S. - Transfer of Rights of
Recovery Against Others to Us, is amended to add:
However, we will waive any right of recover we have against any person or organization with
whom you have entered into a contract or agreement because of payments we make under this
Coverage Form arising out of an "accident' or "loss" if:
(1) The "accident' or "loss" is due to operations undertaken in accordance with the contract
existing between you and such person or organization; and
(2) The contract or agreement was entered into prior to any "accident" or "loss".
No waiver of the right of recovery will directly or indirectly apply to your employees or employees
of the person or organization, and we reserve our rights or lien to be reimbursed from any
recovery funds obtained by any injured employee.
1
Authorized Representative or Countersignature (in States
Where Applicable)
62897 (6/95)
ENDORSEMENT
This endorsement, effective 12:01 A.M. 04/01/2021 forms a part of
policy No. GL5268336 issued to KPFF, Inc.
by National Union Fire Insurance Company of Pittsburgh, PA
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL
TO ENTITIES OTHER THAN THE FIRST NAMED INSURED
This policy is amended as follows:
In the event that the Insurer cancels this policy for any reason other than non-payment of premium,
and
1. the cancellation effective date is prior to this policy's expiration date;
2. the First Named Insured is under an existing contractual obligation to notify a
certificate holder when this policy is canceled (hereinafter, the "Certificate Holders)") and has
provided to the Insurer, either directly or through its broker of record, the email address of a
contact at each such entity; and
3. the Insurer received this information after the First Named Insured receives notice of
cancellation of this policy and prior to this policy's cancellation effective date, via an
electronic spreadsheet that is acceptable to the Insurer,
the Insurer will provide advice of cancellation (the "Advice") via e-mail to each such Certificate
Holders within 30 days after the First Named Insured provides such information to the Insurer;
provided, however, that if a specific number of days is not stated above, then the Advice will be
provided to such Certificate Holder(s) as soon as reasonably practicable after the First Named Insured
provides such information to the Insurer.
Proof of the Insurer emailing the Advice, using the information provided by the First Named Insured,
will serve as proof that the Insurer has fully satisfied its obligations under this endorsement.
This endorsement does not affect, in any way, coverage provided under this policy or the cancellation
of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity
not insured under this policy.
The following Definitions apply to this endorsement:
1. First Named Insured means the Named Insured shown on the Declarations Page of this
policy.
2. Insurer means the insurance company shown in the header on the Declarations page of
this policy
107414 (03/11)
f
Authorized Representative or Countersignature
(in States Where Applicable)
POLICY NUMBER: GL5268336 COMMERCIAL GENERAL LIABILITY
04/01 /2021 04/01 /2022 CG 20 01 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY -
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:
Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available
to an additional insured under your policy
provided that:
(1) The additional insured is a Named Insured
under such other insurance; and
(2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.
CG 20 01 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 1
POLICY NUMBER: GL5268336 COMMERCIAL GENERAL LIABILITY
CG24041219
04/01/2021 04/01/2022
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
ELECTRONIC DATA LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES
POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS
SCHEDULE
Name Of Person(s) Or Organization(s):
PURSUANT TO APPLICABLE WRITTEN CONTRACT OR AGREEMENT YOU ENTER INTO.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV — Conditions:
We waive any right of recovery against the
person(s) or organization(s) shown in the Schedule
above because of payments we make under this
Coverage Part. Such waiver by us applies only to
the extent that the insured has waived its right of
recovery against such person(s) or organization(s)
prior to loss. This endorsement applies only to the
person(s) or organization(s) shown in the Schedule
above.
CG 24 04 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 1
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
This endorsement changes the policy to which it is attached effective on inception date of the policy unless a different
date is indicated below.
This endorsement, effective 12:01 AM 04/01/2021 forms a part of Policy No. wCO22298245(Aos)
Issued to KPFF, INC.
By NEW HAMPSHIRE INSURANCE COMPANY
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce
our right against the person or organization named in the Schedule. This agreement applies only to the extent that you
perform work under a written contract that requires you to obtain this agreement from us.
This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule.
Schedule
ANY PERSON OR ORGANIZATION TO WHOM YOU BECOME
OBLIGATED TO WAIVE YOUR RIGHTS OF RECOVERY
AGAINST, UNDER ANY WRITTEN CONTRACT OR AGREEMENT
YOU ENTER INTO PRIOR TO THE OCCURRENCE OF LOSS.
The premium charge for the endorsement is INCLUDED
This form is not applicable in Kansas for private construction contracts as defined in K.S.A. 16-1801 through K.S.A
16-1807 or public construction contracts as defined in K.S.A. 16-1901 through 16-1908, except where permitted by
statute or other applicable law, such as for use in wrap-up insurance programs.
Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute
a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of
subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover
from others (subrogation) rule in our manual.
This form is not applicable in California, Kentucky, New Hampshire, New Jersey, Texas, or Utah.
WC 00 03 13 Countersigned by ,
(Ed. 04/84)
Authorized Representative
BUSINESS INFORMATION
Business Name:
KPFF, INC.
UBI Number:
578 063 612
Business Type:
WA PROFIT CORPORATION
Business Status:
ACTIVE
Principal Office Street Address:
1601 5TH AVE, STE 1600, SEATTLE, WA, 98101, UNITED STATES
Principal Office Mailing Address:
1601 5TH AVE, STE 1300, SEATTLE, WA, 98101, UNITED STATES
Expiration Date:
07/31/2022
Jurisdiction:
UNITED STATES, WASHINGTON
Formation/ Registration Date:
07/26/1963
Period of Duration:
PERPETUAL
Inactive Date:
Nature of Business:
PROFESSIONAL, SCIENTIFIC & TECHNICAL SERVICES
REGISTERED AGENT INFORMATION
Registered Agent Name:
REPORTING CENTER MANAGER
Street Address:
1601 5TH AVE, STE 1600, SEATTLE, WA, 98101, UNITED STATES
Mailing Address:
1601 5TH AVE, STE 1600, SEATTLE, WA, 98101, UNITED STATES
GOVERNORS
Title Governors Type
GOVERNOR
INDIVIDUAL
GOVERNOR
INDIVIDUAL
GOVERNOR
INDIVIDUAL
Entity Name First Name
JOHN
NIKHIL
RICHARD
Last Name
GAVAN
KALGHATGI
DAVIS
Washington State Department of Revenue
< Business Lookup
License Information:
Entity name: KPFF, INC.
Business KPFF CONSULTING ENGINEERS
name:
Entity type: Profit Corporation
UBI #: 578-063-612
Business ID: 001
Location ID: 0001
Location: Active
Location address: 1601 5TH AVE
STE1300
SEATTLE WA 98101-3601
Mailing address: 1601 5TH AVE
STE1300
SEATTLE WA 98101-3601
Excise tax and reseller permit Click here
status:
Secretary of State status: CVk here
E
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Governing people Title
DAVIS, RICHARD
GAVAN, JOHN
KALGHATGI, NIKHIL
Registered Trade Names
Registered trade names Status
First issued
KPFF CONSULTING Active May-23-2000
ENGINEERS
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