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AG 06-127RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATINGDEPT/DIV: PUBLIC WORKS/ S�f'�E'�� 2. ORIGINATING STAFF PERSON: Q r 1 a �1 �[� NJ P r�5 EXT: � 7 G � 3. DATE REQ. BY: 4. TYPE OFDOCUMENT �CHECKONE�: ❑ CONTRACTOR SELECTION DOCUMENT �E.G., RFB, RFP, RFQ� ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AUREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT �E.G. BOND RELATED DOCUMENTS� ❑ ORDINANCE ❑ RESOLUTION �CONTRACT AMENDMENT �AG#�: (� �p `-% � � ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME: 6. NAME OF CONTRACTOR: ADDRESS: 7 S� GI t E-NIfuL: i�1 e. � s c� �� c� SIGNATURE NAME: /� fd 8. TELEPHONE: c.-' �Ca ` � �n• /Ce `-� C F�: TITLE: pf 1 �cc� �a ( 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. / / TERM: COMMENCEMENT DATE:��FS�� �� COMPLETION DATE: � 2 r:3 l I Z Q � G� TOTALCOMPENSATION: $ /(l�,s�s. ! �� 7Z � ���� 4y Z� t.� �T [',�� ,� Z� /, Sy'O ��INCLU]�E 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: $.`��/ �� L� IS SALES TAX OWED: ❑ YES �NO IFYES, $ PAID BY: ❑ CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: ��[p'� �-( ` G� -� j S`�' �`I S- 3 C�" y C I 10. DOCUMENT / CONTRACT REVIEW .�P`ROJECT MANAGER �� .�DEPUTY DIRECTOR /�Gi i' �:v[q i.y ��� �DIRECTOR '���� �LAw DEPT IN / DATE REVIEWED i . L ,�" �-- L t�i � S�z�'!/L,� ho �' �aP (�tri /��' � � 11. COUNC RO VAL �IF APPLICABLE� COMMITTEE APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING !„1� .�`ENTTOVENDOR/CONTRACTOR DATESENT: ��� I �t'�D� ��� � ❑ ATTACH: SIGNATUREAUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS li ll � } LAW DEPT � � � �� ' SIGNATORY CM � R DIRECTOR� �, � I� CITY C T.FRK ASSIGNED AG # SIGNED COPY RETURNED ;g� RETURN ONE ORIGINAL COMMENTS: ^----- �� .-. �� `.----- � - - INITIAL / DATE SIGNED - S , �� JUI � AG# - �- I �L'� DATE SENT: INITIAL / DATE APPROVED COUNCILAPPROVAL DATE: DATE REC'D: �r S "t 11/9 C:\Documents and Settings\brianhr�Local Settings\Temporary Internet Files\Content.0utlook\U07KCQ36\PW Routing Form.doc SUPPLEMENT NO. 6 CITY OF FEDERAL WAY PACIFIC HIGHWAY SOUTH HOV LANES PHASE IV SOUTH 312 STREET TO DASH POINT ROAD The local agency of the City of Federal Way desires to supplement the agreement entered into with KPG, executed on September 8, 2006, identified as Agreement No. 06-127. All provisions in the Agreement remain in effect except as expressly modified by this supplement. The changes to the Agreement are described as follows: Section II, SCOPE OF WORK, and Exhibits "A", "A-1", "A-3", "A-4" and "A5" of the Agreement, shall be amended to include those additional services more particularly described in Exhibit "A-6", attached hereto and incorporated by this reference ("Additional Services'�. II Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the date for completion of the work to read: December 31, 2010. Ratification. Any act done by either party consistent with the authority of the Agreement after the previous expiration date and prior to the effective date of this supplement, is hereby ratified as having been performed under the Agreement as it existed prior to this supplement. III Section V, PAYMENT, the maximum amount payable under this Supplement No. 6, inclusive of all fees and other costs is One Hundred Four Thousand, Five Hundred Fifly Five and 24/100 Dollars ($104,555.24) for a total amount payable to Contractor pursuant to the Agreement, Supplement No. 1, Supplement No. 2. Supplement No. 3, Supplement No. 4, Supplement No. 5 and Supplement No. 6, inclusive of all fees and other costs, to be an amount not to exceed One Million, Seven Hundred Twenty Two Thousand, Eight Hundred Eighty Five and 04/100 Dollars ($1,722,885.04). The attached Exhibit "E-6", which describes the payment for work to be performed under this Supplement No. 6, is hereby made a part of this Agreement. Signed this /(o day of Jcn.� , 2010. KPG, INC. B V �� ► �,�-^— Y� Nelson Davis Its: Principal 753 9"' Avenue N Seattle, WA 98109 (253) 627-0720 CITY OF FEDERAL WAY By: '✓`�' Br' J. Wilson Its: City Manager/Police Chief P.O. Box 9718 Federal Way, WA 98063-9718 (253) 835-2401 APPROVED AS TO FORM: Pa ricia A. Richardson, City Attorney K:\CONTRACT�2006\06-127F KPG, Inc.doc Exhibit A-6 City of Federal Way Pacific Highway South HOV Lanes Phase IV South 312 Street to Dash Point Road Supplement No. 6 Condemnation Support and Incorporation of Property Settlements KPG Scope of Work May 24, 2010 Work Element 1— Project Management Provide continued project management and administration to December 31, 2010 (7 additional months). This timeframe is anticipated to extend through the final condemnation proceedings. Work Element 9— Property Transfer Site Assessments (Parcel 17 condemnation support) The original scope of work provided for a Phase 2 site assessment for a strip take. Because the original intent was to acquire a strip take, and the owner refused permission for soil sampling on the property, soil samples taken from the adjacent right of way were deemed sufficient. After the City decided to pursue a total take of Parcel 17, a more expansive on-site hazardous materials investigation became necessary and was approved in part by Supplement No. 5. The supplemental explorations revealed concerns that required additional exploration and testing that was not included in previous authorizations. The Consultant shall provide support to the City and City's attorney as requested for additional environmental exploration and testing in support of the condemnation proceedings on Parcel 17. This work includes additional coordination, exploration and testing beyond the previous contract approvals that were required during settlement talks between the City and property owner. A$15,000 allowance for geotechnical services is included in the budget estimate for Landau Associates staff to provide support in preparation for or during the final condemnation hearing. Work on this task will be performed primarily by Landau Associates with limited support by KPG. Coordination of support will be by the City and/or City's attorney. Work Element 11 — Right-of-way Calculations Effort for support during the mediation process was not included in the original contract scope. Update right of way plans, legal descriptions, and exhibits according to the finat settlement agreements. Work originally budgeted for right of way negotiation (Task 13) was charged to right of way calculations (Task 11) throughout the project. This supplement contains an adjustment befinreen tasks 11 and 13 to reconcile the budget amount with project invoices. This budget reconciliation does not add any new budget to the project. City of Federal Way Page 1 of 2 KPG PHS HOV Lanes Phase IV Supplement No. 6 OS/24/2010 Work Element 13 — Right of Way Negotiation The original budget estimate for parcel design modifications (13.10) was exhausted prior to the mediation process. Provide continued support throughout mediation, including preparing photo renderings, alternative analysis for grading and facility locations, and other services as requested by the City. Work originally budgeted for right of way negotiation (Task 13) was charged to right of way calculations (Task 11) throughout the project. This supplement contains an adjustment between tasks 11 and 13 to reconcile the budget amount with project invoices. This reconciliation does not add any new budget to the project. Work Element 14 — Final Design � Incorporate design changes resulting from final property settlement agreements into the final contract documents. The design revisions include necessary wall revisions, driveway revisions, utility revisions, restoration revisions, specification updates and construction cost estimate updates necessary to reflect the final settlement agreements. Work Element 16 — Lakehaven Utility Final Design Actual hours exceeded the anticipated hours required in the original budget. Incorporate design changes and addendum resulting from final review and comment by the District. Work Element 21 — Qwest — Engineering and survey support for conflict resolution Provide field visit and survey control for lowering of duct at Station 3+08 to avoid conflict with storm drain. Field support for facility relocation was not included in the original budget. City of Federal Way Page 2 of 2 KPG PHS HOV Lanes Phase IV Supplemement No. 6 OS/24/2009 HOUR AND FEE ESTIMATE EXHIBIT E-6 Project: City of Federal Way I� p G Pacific Highway South HOV Lanes, Phase IV ♦ Architecture . South 312th Street to Dash Point Road Landscape Architecture Supplement No. 6- Condemnation Support and Incorporation of Property Settlements ♦ Civil Engineering • Labor Hour Estimate Total Fee Proj Engr esign engi 2 man Senior � Project en. Urb De Landscape survey � Task Description Engineer Manager roj. Surveyo Surveyor crew Technicia Clerical � Direct Overhead Profit Effective multiplier $ 56.58 $ 46.30 $ 40.13 $ 34.62 $ 46.55 $ 27.26 $ 20.58 Hours Labor Cost 156.77% 30% � 2.8677 Sup lement No. 6- Condemnation Su ort and Incor oration of Pro e Settlements Task 1 - Project Management _ 'i ' ' _ _ __ - -- - �-- ; -- � --+ ---- �- --- - 1 1 Mana�ement and Administration (7 months) + 70 i 0 r 0 70 __ 0 0 t 70 2101 __ 7 824�___ 12,26� 2 347 $ 22 438.14 - --- -- -- _._. � - -- ; a 22,438.14 _ Task 1 Total j i i � i � � - -- _ _ _ ___ __ _ i _. _ __ _ ' --_ __ _ ___ _ �- - ___ � . _. ,_._ . -- _� _ Task 9- Property Transfer Site Assessments - Parcel 17 condemnation support_ ,_ _ _ _ � i _-_ - , _ .__ _. _. _, -- _ 9.1 Parcel 17 Condemnation support 8 j 0 � 0 16 � 2 , 24 � 0 50i 1 754; 2 750� 526 $ 5,029.94 - -- -- - ___ , -- -- -_ � -- , -- __,. ._ _ __ _.. 1 ._ i i � i i I _.__ _.__ i .__ ( _. .- -J __.._ � __ _ _ ___ Task 9 Tota1, � � --- -- _ $ 30 000.00 ' __ -+ -- - _ i < < I. --- $ 35,029.94 _ an au . ssocia es � _ � '- __ _ _... Task 11 Right of way Calculations _. _ __ _ � -- -- , ,�--- 11 1 Update right of way plans, legals exhibits � 4 10 F 32 f 0 i 0 � 8 i 8 __ 11.2 Budget ad�ustment with Task 13 a _ 24 40 80 i SO i 0 � 100 i 8 __ _ _ _ Task 11 Total _ ; _ _ --- Task 13 - Right of Way Negotiation -- 9 ._ 9 � 9 � _ � .. - { - , --- - 13 1 Photo renderin /En ineenn support for mediationl 24 � 0 , 8 -. - 13.2 Bud�et adjustment with Task 11 24 � -40 -80 ___ _ __ _ _ ,.. _ , Task 13 Total, _ --- - -- -- . _ --- ---- Task 14 Final Design _ __- - -- --- --- - -- -, ----_- 14.1 Incorporate settlement agreements into final PS&EI 40 � 16 24 _ . Task 14 Total � ,� I _ Task 16 - Lakehaven Utility Final Design � _. _ . _ _ , _ __. � - ---- 16 1 Final design revisions 4 � 0 � S _ . _ __ _ , _.. _, _.. f _ -- Task 16 Total� L ' _ _ . __ _ _ ------- Task 21 Qwest _ __ -- -- 21.1 Conflict resolution survey and support r 2 � 0 . _ _ __i Task 21 Total � _�_ Totals ' 152 j 26 -- t --- -� - -- ____� _ -- � _ - - __ _._- ___ r _ __ . 60 i 0 ' 24 i _ 0 - _ . ,. 80 _ � 0 t -100 ! -8 -- .._. --- ---'--- r -- 80 � 0 I 60 ---� . -----�-------- O__---� .._- i 4 4 r 0 76 i 226 0 120 --- , -- 62� 2 356 3,694� 707 $ 6,756.40 332'I 12 080 18,939� 3,624 $ 34,643.20 -- - -- _. l — - �i _ _ _._.l __ S ___ 41,399.60 -- , � -- -- - 116 4410i 6,914� 1,323 $ 12647_95 -- -_ _ _ . _. -- -332 -12 O80 -18,939 � 3,624 $ (34,643.20) _ _ , _- _ -- ---- 1 --- --- �1 . _- -- - b _ _. �21,995.25) 13,384� 2,561 $ 24,481.76 8 228 8,537 _ -- ------s ------�- 1 ----- $---- 24,481.76. - - - - - _ -- --- 0 16� 656; 1029� 197 $ _ 1882.30 __ _ _ ___ j __ _ ._ � -- .. � _ � $ 1,882.30 -- - -- - -- -- -- --- 0 10 460T 721� 138 $ 1,318J5 - ___. _._ __� _ . _ __ $ 1,318.75 36 692 25.998 I 40,757 7,799 $ 104,555.24 City of Federal Way Page 1 of 1 KPG PHS PH IV Supplement No. 6 05�24/2010 RETURN TO: pl' �X\ CITY OF FEDERAL WAY LAW DEPART MR �e REQUEST 96 FOR CONTRACT PREPARATION/DOCUMENT REVIEW /SIGN 1. ORIGINATING DEPT./DIV: P f/() / St .P,'I S 2. ORIGINATING STAFF PERSON: L3 f t a v, n � r EXT: 2 7 Z i 3. DATE REQ. BY: 4. TYPE OF DOCUMENT REQUESTED (CHECK ONE) • CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) • PUBLIC WORKS CONTRACT ❑ SMALL PUBLIC WORKS CONTRACT • PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT • GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/ CDBG • REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E-G. BO ND RELATED DOCUME • ORDINANCE ❑ RESOLUTION �CONTRACTAMENDMENT (AG #): tr tf — �) ❑ OTHER 5. PROJECT NAME: Pacr 14 so llOU Lave 26s- TV 6. NAME OF CONTRACTOR: ADDRESS: ? TELEPHONE 2p(o - 3�`i - Sq3 SIGNATURE NAME: N/e t s� U Davis TITLE 7. EXHIBITS AND ATTACHMENTS:XSCOPE, WORK OR SERVICES ❑ COMPENSATION [INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL CT /AMN OTHER REFERENCED EXHIBITS 5q PR F F AUTHORITY TO SIGN 9 REQUIRED LICENSES 10 PR1 E R 7r vlo Cc /,�cemQ O(vlolo�Exp• �ro St��;�r,ae(�DIdSr��/L p.s /a MENTS 8. TET: COMMENCEMENT DATE: dF g COMPLETION DATE: S 3/ 4. TOTAL COMPENSATION $ l , SD3 , 3 7 ?, 7 + I I -I ,GC S2. 3 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURL LAB R CHARGE - ATTACH S EDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) 4 SBI ac f , ( BURSABLE EXPENSI�,YES ❑ NO IF YES , MAXIMUM DOLLAR AMOUNT: $ 3q, 5_31- 421 4--t 54 q, G 73 SS IS SALES TAX OWED ❑ YES *0 IF YES, $ PAID BY: ❑ CONTRACTOR o CITY PURCHASING: PLEASE CHARGE TO: 30C -• 4 4q o 1 Scl S - 3 ©' - It tO. CONTRACT REVIEW IN IAL/ DATE REVIEWED INITIAL/ DATE APPROVED D ROJECT MANAGER IRECTOR Z ' 1- - �' �,AW to [I. COI TWCT SIGNATURE ROUTING MSENTTO VENDORICONTRACTOR DATE SENT: I A ) - 7 D DATE REC'D: I ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LI ENSES, XHIBITS INITIAL/ DATE SIGNED f ( 2 LAW DEPARTMENT it rl SIGNATORY O, Aet l: 91: --. l,,• r - r v 1 / 1 VCITYCLERK 1 / 15 ASSIGNED AG# AG# - a►7 C SIGNED COPY RETURNED DATE SENT: l L :OMM ENTS: o yr 4L 4/9 • SUPPLEMENT NO. 5 CITY OF FEDERAL WAY PACIFIC HIGHWAY SOUTH HOV LANES PHASE IV SOUTH 312 STREET TO DASH POINT ROAD The local agency of the City of Federal Way desires to supplement the agreement entered into with KPG, executed on September 8 2006, identified as Agreement No. 06 -127. All provisions in the Agreement remain in effect except as expressly modified by this supplement. The changes to the Agreement are described as follows: Section II, SCOPE OF WORK, and Exhibits "A ", "A - ", "A - 3" and "A of the Agreement, shall be amended to include those additional services more particularly described in Exhibit "A -5 ", attached hereto and incorporated by this reference ("Additional Services'). II Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the date for completion of the work to read: May 31, 2010. Ratification Any act done by either party consistent with the authority of the Agreement after the previous expiration date and prior to the effective date of this supplement, is hereby ratified as having been performed under the Agreement as it existed prior to this supplement. III Section V, PAYMENT, the maximum amount payable under this Supplement No. 5, inclusive of all fees and other costs is One Hundred Fourteen Thousand, Nine Hundred Fifty Two and 33/100 Dollars ($114,952.33) for a total amount payable to Contractor pursuant to the Agreement, Supplement No. 1, Supplement No. 2. Supplement No. 3, Supplement No. 4, and Supplement No. 5 inclusive of all fees and other costs, to be an amount not to exceed One Million, Six Hundred Eighteen Thousand, Three Hundred Twenty Nine and 80/100 Dollars ($1,618,329.80). The attached Exhibit "E -5 ", which describes the payment for work to be performed under this Supplement No. 5, is hereby made a part of this Agreement. Signed this _& day of 2010. KPG, INC. r By: Nelson Davis Its: Principal CITY OF FEDERAL WAY By: - - z�e_ Brian P61son Its: City Manager /Police Chief 753 9"' Avenue N Seattle, WA 98109 (253) 627 -0720 P.O. Box 9718 Federal Way, WA 98063 -9718 (253) 835 -2401 APPROVED AS TO FORM: Patricia A. Richardson, City Attorney K: \CONTRACT\2006 \06 -127E KPG, Inc.doc Exhibit A -5 • City of Federal Way Pacific Highway South HOV Lanes Phase IV South 312 Street to Dash Point Road Supplement No. 5 Right -of -Way and Utility Revisions KPG Scope of Work December 23, 2009 Work Element 1 — Project Management Provide continued project management and administration to May 31, 2010 (4 additional months). This timeframe is anticipated to extend through the bid period and project award. Work Element 13 — Right -of -Way Negotiation Effort for title clearance on Parcels 5, 6, 7, 13, 21, 22, 25, 31, 35, 36 and 37 exceeded the original contract scope. Provide continued support for title clearance. Services will be performed by Certified Land Services under subcontract to KPG. Work Element 14 — Final Design Prepare plan revisions to lower the roadway profile and revise superelevation rates in the vicinity of Parcel 16. These design revisions were necessary to lower the sidewalk grade in front of Parcel 16 consistent with right -of -way negotiations. Revisions include lowering of profile, reducing superelevation on both sides of roadway to AASHTO minimum requirements, and updating the plans to reflect resulting changes to profile, superelevation diagram, driveway profiles, wall profiles, side street profiles, curb returns, and drainage system. Work Element 20 — King County Metro - Incorporate Transit Signal Priority (TSP) Elements The Consultant shall incorporate TSP elements for the Rapid Ride system being installed along the Pacific Highway South corridor by King County Metro. This work includes updates to Plans, specifications, and estimates to include installation of TSP hardware, cabinets, ducts, vaults, and fiber optic. King County will review the Consultant design to verify that necessary elements are included. Fiber optic splicing for the TSP system will be performed by King County and is not included in this supplement. Work Element 21 — Qwest — Design Revisions in Lieu of Facility Relocations Qwest has requested a number of revisions to the proposed drainage system in order to eliminate conflicts with existing facilities. The Consultant shall incorporate drainage design changes into the final plans, specifications, and estimates. These changes are necessary to resolve conflicts between Qwest facilities and the proposed drainage system in 12 locations as described in the 12/09/2009 memorandum to the City. Work Element 22 — PSE — Removal of Abandoned Gas Main The Consultant shall identify natural gas mains to be abandoned by PSE and incorporate their removal into the project Plans, specifications, and estimates. City of Federal Way Page 1 of 2 KPG PHS HO Lanes Phase IV Supplement No. 5 1212312009 Work Element 23 — Parcel 17 Condemnation Support — Environmental Testing The original scope of work provided for a Phase 2 site assessment for a strip take. Because the original intent was to acquire a strip take, and the owner refused permission for soil sampling on the property, soil samples taken from the adjacent right -of -way were deemed sufficient. After the City decided to pursue a total take of Parcel 17, a more expansive on -site hazardous materials investigation became necessary. The Consultant shall provide support to the City and City's attorney as requested for environmental testing in support of the condemnation proceedings on Parcel 17. This work includes coordination, site visit and memo to document existing conditions, preparation of deposition questions, preparation of a work plan for sub surface exploration using geoprobes, and field work, soil testing and documentation in accordance with the December 21, 2009 work plan. Additional exploration beyond the December 21 work plan, if necessary, will be covered under a separate supplement. Work on this task will be performed by Landau Associates under subcontract to KPG. Coordination of support will be by the City and /or City's attorney. The deliverable for this work element will be a preliminary addendum to the original Phase 2 site assessment, and a final addendum to the original Phase 2 site assessment. City of Federal Way Page 2 of 2 KPG PHS HOV Lanes Phase IV Supplemement No. 5 1212312009 HOUR AND FEE ESTIMATE Project: City of Federal Way Pacific Highway South HOV Lanes, Phase IV South 312th Street to Dash Point Road Supplement No. 5 - Right of Way and Utility Design Revisions EXHIBIT E -5 KPG ♦ Architecture Landscape Architecture ♦ Civil Engineering I_ahnr Mnur Eae9maM I Total Fee Senior Project Task Description Engineer Manager $ 56.58 $ 46.30 Proj Engr n. Urb De roj. Surveyo $ 40.13 rLandsca n eng pe eyor 4.62 2 man survey crew $ 46.55 Technician $ 27.26 Clerical $ 20.58 Hours Direct Labor Cost Overhead 156.77% Profit 30% Effective multiplier 2.8677 Supplement No. 5 - Right of Way and Utility Design Revisions Task 1 - Project Management 1.1 Management and Administration (4 months) Task 1 Total 40 0 0 40 0 0 40 120 4,471 7,009 1,341 — $ 12,821.80w $ 12,8 Task 12 - Right of way Negotiation 12.1 Final coordination activities 0 0 0 0 0 0 0 0 0 0 0$ - Certified Land Services $ 11,504.00 Task 12 Total $ 11,50 Task 14 -Final Desi n -- 14.1 Parcel 16 Profile revisions 16 0 24 80 0 24 0 144 5,292 8,297 1,588 $ 15,176. Task 14 Total $ 15,176.5 Task 20 - King Cou nty Metro - Incorporate TSP elements 20.1 Coordination and Design for TSP 10 16 80 24 0 80 6 216 7,652 11,996 2,296 $ 21,943.71 Misc. Expenses $ 5 6.29 Task 20 Total $ 22,000.00 Task 21 - Qwest design revisions in lieu of facility relocations 21.1 Coordination, analysis, and final design 20 0 80 40 0 80 4 224 7,990 12,5261 2,397 $ 22,9 Misc. Expenses $ 87. 58 Task 21 Total $ 23,000.000 Task 22 - PSE - Removal of aban doned gas main --- ---- 22.1 Coordination, analysis, and final design 4 0 8 0 0 12 1 25 895 1,403 269 $ 2,5 66.78 Misc. Expenses $ 33.22 Task 22 Total $ 2,60 Task 23 - Parcel 17 condemnation support - environmental testing - o - 0 -- 23.1 Condemnation Support 0 0 0 T 0 0 0 0 0 0$ - Landau Associates $ 2 7,850.00 _ Task 23 Total $ 27,850.00 Totals 90 16 192 184 0 196 51 729 26,300 41,231 7,890 $ 114,952.33 City of Federal Way Page 1 of 1 KPG PHS PH IV Supplement No. 5 12/23/2009 An RETURN TO: Tarmen 70r), CITY OF FEDERAL WAY LAW DEPARTMENT REQUEST FOR CONTRACT PREPARATION/DOCUMENT REVIEW /SIGNATURE ROUTING SLIP I. ORIGINATING DEPT. /DIV: pw S f Q2 +S 2. ORIGINATING STAFF PERSON: 6 P I a to Ko 6 f I S EXT: Z 7 Z3 3. DATE REQ. BY: 4. TYPE OF DOCUMENT REQUESTED (CHECK ONE) • CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) • PUBLIC WORKS CONTRACT ❑ SMALL 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 #): 12 7, Su r p'f e ua { v 7+ # �j ❑ OTHER r (` 5. PRO.IECTNAME: Pa - ct C N u d SD N0 U L_a g, PkRsa f 5. NAME OF CONTRACTOR: Z k ADDRESS: 7 3 CI + 7 S I-VA ci a lop, TELEPHONE z p( SIGNATURE NAME: N p 15 2"; c TITLE P r j t4 c c aou 7. EXHIBITS AND ATTACHMENTS:* SCOPE, WORK OR SERVICES ❑ COMPENSATION XtNSURANCE REQUIREMENTS / CERTIF[CATE * X ALL OTHER REFERENCED EXHIBITS IR PROOF OF UTHORITY TO SIGN JiLREQUIRED LICENSES ❑-kRIOR CONTRACT/ £N MENTS Ct�yd�I n �e;vla/u /oyavv6L, PIz /al�v9 �f te�ic¢r, �oDfa�S loB� s�iP10 3. TERM: COMMENCEMENT DATE: COMPLETION DATE: 30 a01 A I" 503 3 7 ? - e �. TOTAL COMPENSATION $ $`{ - Yy f- f t Co d; (INCLUDE EXPENSES ANDSALES TAX, IF ANY) (IF CALCULATED ON HOURL�R CHARGE -ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) = SLf REIMBURSABLE EXPENSE: ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES KNO IF YES, $ PAID BY: O CONTRACTOR o CITY ❑ PURCHASING: PLEASE CHARGE TO: 3D(o- 0(o- I 5_9 - ­q (I l0. CONTRACT REVIEW INI AL /DATE REVIEWED INITIAL DATE APPROVED MANAGER ( 7 p ,*PROJECT �B >f DIRECTOR Motrwq - RiSK O *XLAW V) ' L2 - ()Cf 1. CONTRACT SIGNATURE ROUTING "KSENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC' D: 10 01 109 ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSPIS, EXHIBITS INIT IAL / DATE SIGNED loll LAW DEPARTMENT 10 - - 0 I c4 d3)< SIGNATORY CM Wm,-,QA n.>, ;G4;9H !0 %3 XCITY CLERK t )KASSIGNED AG# AG# ASIGNED COPY RETURNED DATE SENT: 1 + one o >r i9 i v�u ( k ;O MENTS p r i i n � [�., a...1�• 1 r Tc. 1 4/9 An SUPPLEMENT NO.4 CITY OF FEDERAL WAY PACIFIC HIGHWAY SOUTH HOV LANES PHASE. lY SOUTH 312 STREET TO DASH POINT ROAD The local agency of the City of Federal Way desires to supplement the agreement entered into with KPG, executed on September 8"' 2006 identified as Agreement No. 06 -127. All provisions in the Agreement remain in effect except as expressly modified by this supplement. The changes to the Agreement are described as follows: I Section II, SCOPE OF WORK, and Exhibits "A ", "A -1" and "A -3" of the Agreement, shall be amended to include those additional services more particularly described in Exhibit "A-4 ", attached hereto and incorporated by this reference ("Additional Services'. II Section V, PAYMENT, the maximum amount payable under this Supplement No. 4, inclusive of all fees and other costs is Sixty Eight Thousand, Four Hundred Sixteen and 63/100 Dollars ($68,416.63) for a total amount payable to Contractor pursuant to the Agreement, Supplement No. 1, Supplement No. 2 and Supplement No. 3 inclusive of all fees and other costs, to be an amount not to exceed One Million, Five Hundred Three Thousand, Three Hundred Seventy Seven and 47/100 Dollars ($1,503,377.47). The attached Exhibit "E -4 ", which describes the payment for work to be performed under this Supplement No. 4, is hereby made a part of this Agreement. Signed this o?3 day of ock ke' , 2009. KPG, INC. Nelson Davis By: Its: Principal 753 9 th Avenue N Seattle, WA 98109 (253) 627-0720 CITY OF FEDERAL WAY By: Brian ilson Its: Interim City Manager P.O. Box 9718 Federal Way, WA 98063 -9718 (253) 835 -2401 APPROVED AS TO FORM: Patricia A. Richardson, City Attorney KAconTRACI12006\06 -127D KPG, Inc.doc EXHIBIT A-4 Pacific Highway South HOV Lanes Phase IV S. 312th Street to Dash Point Road City of Federal Way AG06 -127 Scope of Work KPG October 5, 2009 (For Lakehaven Utility District via Interlocal Agency Agreement) Work to be completed under this amendment involves preparation of plans, specifications, engineer's estimate, and bid documents for the Pacific Highway South (PHS) HOV Lanes Phase IV — South 312th Street to Dash Point Road project. Plans will be prepared in accordance with Lakehaven Utility District (Lakehaven) design standards as summarized and itemized in the Lakehaven's plan review checklist. Contemplated improvements included under this scope, subject to review by the City and Lakehaven, and previous review comments provided by Lakehaven, include the following: Water a. Removal and disposal of approximately 860 -LF of 12 -inch Asbestos Cement (AC) main, and replacement with 12 -inch Ductile Iron (DI) main (STA 2 +50 through 11 +10, west side PHS). Relocation will be in accordance with the criteria outlined below in paragraph "r," at a minimum. Depending on the nature and extent of relocation determined necessary, especially approaching the valve cluster at the northern limits of this segment in South 308th Street, work may also include relocation of the valve cluster and associated mains. b. If determined necessary, relocation and /or replacement of approximately 810 -LF of 12- inch DI main (STA 3 +00 through 11 +10, east side PHS). As requested by Lakehaven, Consultant will review the existing 12 -inch DI main location, not the now - abandoned 6- inch steel main, relative to the final storm drainage design, anticipated telecommunications and electrical vaults, pothole information provided by Lakehaven, and standard valve dimensions, in order to eliminate or reduce the extent of relocation/ replacement where feasible. If confirmed necessary, relocation will be in accordance with the criteria outlined below in paragraph "r," at a minimum. c. Removal and disposal of approximately 1,315 -LF of 12 -inch AC main and 35 -LF of DI main including 25 LF of 18 -inch steel casing, and replacement with 12 -inch DI main (STA 11 +10 through 24 +60, east side PHS). Relocation will be in accordance with the criteria outlined below in paragraph "r," at a minimum. d. Removal and disposal of approximately 40 -LF of 12 -inch AC main, and replacement and extension with approximately 220 -LF of 12 -inch DI water main north of South 304th Street (STA 24 +60 through 26 +80, east side PHS). Location of the replacement and new main will be in accordance with the criteria outlined below in paragraph "r," at a minimum. If the new water main is not located behind the curb line, add an 8 -inch DI stub main with fire hydrant lateral to back of sidewalk from the terminus of the 12 -inch main segment. e. Removal and disposal of approximately 210 -LF of 12 -inch AC main, and replacement with 12 -inch DI main (STA 37 +50 through 39 +60, east side PHS). Location of the replacement main will be evaluated relative to the criteria outlined below in paragraph "r," at a minimum. Revisions to the valve cluster at 39 +60, RT, will be evaluated and may be included with the main replacement. f. Relocation and replacement of, casing, and /or special wall penetration detail for the existing 12 -inch DI main at the new retaining wall (Approximate STA 37 +50, east side PHS). It is assumed that a casing will extend beneath the proposed retaining wall to a minimum of 5 feet outside the limits of the wall and reinforcement influence zones. g. If determined necessary, relocation and /or replacement of approximately 110 -LF of 12- inch DI main on the north side of South 308th Street west of PHS (Approximate STA 68 +25 through 69 +35, or as adjusted under paragraph "a" above). As requested by Lakehaven, Consultant will review the existing 12 -inch DI main relative to the actual location and pipe material (i.e., pipe is not AC, and alignment is per Valve Detail 19, and CRD W269), the final storm drainage design, pothole information provided by Lakehaven, and standard valve dimensions, in order to eliminate or reduce the extent of relocation /replacement where feasible. If confirmed necessary, relocation will be subject to the criteria outlined below in paragraph "r," at a minimum. h. Removal and disposal of approximately 100 -LF of 12 -inch AC main, and replacement with 12 -inch DI main on the north side of South 304th Street east and west of PHS (Approximate STA 89 +00 to 89 +50, and STA 90 +50 to 91 +00), Removal and disposal of approximately 100 -LF of 8 -inch AC main (Approximate STA 4 +45 RT, STA 15 +05 RT, STA 16 +45 RT, STA 18 +60 RT, and STA 20 +00 RT, PHS) and 20 -LF of 6 -inch AC main (Approximate STA 69 +25 LT, north side of South 308th Street), and replacement with 8 -inch DI main. j. Relocation of fire hydrants in ten (10) locations (new fire hydrant assemblies, exclusive of hydrants which are to be reused), and addition of fire hydrants in two (2) locations along the project corridor as determined by Lakehaven in consultation with South King Fire and Rescue (SKFR). At a minimum, relocations of the fire hydrants identified at approximate STA 3 +60 (to STA 4 +35 LT, west side PHS), STA 70 +60 LT (to STA 7 +90 LT, north side South 308th Street), and STA 90 +60 LT (to STA 90 +90 LT, north side South 304th Street) need to be reviewed and potentially revised to meet clearance, access, and SKFR requirements. k. Relocation and /or modification of water service connections and meters in 20 locations within the project limits. I. Removal of one (1) fire service connection and Single Detector Check Valve Vault (and appurtenances) at approximate STA 6 +00 LT (west side of PHS), with salvage to Lakehaven, and relocation of one (1) fire service line stub to the west right -of -way Lakehaven Utility District KPG PHS Phase IV HOV Lanes Page 2 of 8 October 2009 Scope of Services AG #06 -127 margin of PHS at a location to be determined by Lakehaven in consultation with SKFR. Restoration of one (1) fire service connection. m. Identification of water valve adjustments to finished grade throughout the project limits. n. Depending on the nature and extent of main relocations, addition of two, stub 8 -inch DI mains to the east right -of -way margin of PHS, with permanent blow -off assemblies. o. Adjustment, relocation, extension, and /or replacement of water mains and valves as confirmed necessary in conjunction with replacement and /or relocation of the mains identified above, or to accommodate roadway and drainage system improvements. p. Correction of plans as noted above, and to reflect previous review comments. q. Provisions for temporary water service. The location of new or replacement water mains will consider, at a minimum, the AC water main locations and utility separations achieved with the City's Phase I PHS HOV Lanes project immediately to the south of the current project, the location of existing and the use of DI pipe for the current project, standard valve dimensions, requirements for maintaining and reconnecting existing services, Lakehaven's ability to accommodate requests for new or modified service connections relative to the City's pavement repair/ mitigation requirements, Lakehaven's utility separation standards, the preference for maintaining a straight alignment between valves, and the ability to accommodate minor vertical and horizontal deflections. Consultant is advised that the City and Lakehaven may consider mitigating conditions for separations less than published minimum standards. Relocations, if determined necessary due to unavoidable obstructions or constraints, or inability to accommodate a non - standard separation, should be based on the following potential considerations and options, in order of preference: Main is accessible without disrupting roadway pavement. ii. Place under sidewalk, with back of sidewalk location preferred. iii. Use vertical or horizontal deflections to limit relocation requirements. Maximum main depth (cover) of five (5) -feet, except at discrete locations on a case -by -case basis. iv. Six (6) feet from curb face. Alignment adjustments between valves will be avoided, and limited to the extent practical The Consultant will provide a preliminary alignment plan for relocated sections of main for review, comment, and approval by Lakehaven Utility District. The approved alignment plan will be used as the basis for final facility design. s. The Consultant shall identify the location for removal and disposal of existing abandoned water main within the right -of -way corridor. Locations will be based solely on. as -built Lakehaven Utility District KPG PHS Phase IV HOV Lanes Page 3 of 8 October 2009 Scope of Services AG #06 -127 information provided by Lakehaven. No field verification is anticipated. Anticipated removals occur at the following locations: i. 6" steel main, STA 3 +00 to 11 +10 RT, PHS (Ref. CRD W342); ii. 2" GI main, STA 2 +50 to 11 +10 LT, PHS (Ref. CRD W266); iii. 6" AC main, STA 11 +10 to 24 +30 RT, PHS (Ref. CRD W266, W334); iv. 6" AC main, STA 70 +35 to 70 +75 LT, S. 308th St. (Ref. CRD W266, W270, W339); v. 6" AC main, STA 68 +25 to 69 +30 LT, S. 308th St. (Ref. CRD W266, W269, Valve Detail); vi. 6" AC main, STA 90 +35 to 91 +00 RT, S. 304th St. (Ref. CRD W266, W334) Sewer a. Identification of sewer manhole adjustments to finished grade throughout the project limits. b. An existing 12 -inch concrete sanitary sewer main passes approximately 15 feet beneath the new structural earth retaining wall (Approximate STA 35 +60, east side PHS), and the roadway surface and manhole height will be raised by 6.5 feet at this location. Consultant will either confirm that the additional loading will not exceed the subgrade bearing capacity at the sewer manhole base, or generate a design solution for the manhole construction to maintain current subgrade loading at the sewer manhole base to avoid displacement. Replacement or casing this segment of deep sewer is not - included in this scope of work. c. The Consultant shall include plans for fill and abandonment of an existing 8 -inch AC force main and 15 -inch steel casing which crosses Pacific Highway South at South 304th Street. Location will be based on as -built information provided by Lakehaven. No field verification is anticipated. d. Correction of plans as noted above, and to reflect previous review comments. e. No conflict analysis is anticipated for side sewers unless data is provided by Lakehaven. Lacking this data, it is anticipated that side sewer modifications will be made on a case by case basis during construction. Task 16.1 — Project Management Work under this task includes time to execute this amendment, prepare associated invoicing and progress reports, plan and schedule the work, plan for and execute QA/QC, and coordinate with the City and Lakehaven. This task assumes the design phase, including reviews by LUD, will last four (4) months. Lakehaven Utility District KPG PHS Phase IV HOV Lanes Page 4 of 8 October 2009 Scope of Services AG #06 -127 Task 16.2 — Waterline Plan and Profile Sheets The Consultant will prepare up to twelve (12) water facility plan and profile sheets, consistent with the project limits, to show the relocations, installations and adjustments required. The data included on the existing waterline plan and profile sheets created in the water line assessment (task 15) will be utilized, but the sheets will be revised to show additional and corrected plan and profile information, and will conform to the plan preparation requirements set forth in Lakehaven's Plan Review Checklist. The plan view will include existing base mapping, existing utilities, proposed curb and gutter and proposed drainage facilities, and other available utility information, including locations of luminaires. In addition, horizontal alignment information, existing and relocated hydrant and valve locations and types, locations of existing and relocated service connections including water meters and fire service lines, and all demolition and abandonment callouts will be shown on the plan sheets. Minimum clearance requirements will be called out at critical locations adjacent other utilities, including storm drainage facilities. The full -sized scale shall be 1" = 20'. The profile view will be at 1 " =20' horizontal scale and 1 " =5' vertical scale. Each sheet will show the existing and proposed ground; and pipe elevation (top or bottom of pipe) information for the existing and proposed water mains at critical locations, specifically at utility crossings, including storm drainage facilities. Minimum clearances will be identified with callouts at utility crossings, or in a separate crossing table. Existing waterline information will be based on pothole and measure down data provided by LUD in Task 15. Existing and proposed utility crossings will be shown as ellipses in the profiles. All work associated with the water system facilities will be shown on these `stand - alone' plans and profile sheets. Any references to the water system facilities on the City's roadway plans will be edited to reference these documents. Task 16.3 — Water Line Detail Sheets The Consultant will prepare one detail sheet for details not covered in WSDOT's Standard Plans or in Lakehaven's Water System and Sewer System Standards. Pertinent details from these "Standard Plans" sources will be included as an appendix in the contract specifications. Task 16.4 — Sewer Manhole Field Investigation The finished grade elevations of the sewer manholes within the project limits will be adjusted. Lakehaven will provide the Consultant with manhole as- constructed information, including cone section, ladders, and number and sizes of risers. Task 16.5 — Sewer Manhole Adjustments Based on the information collected in task 16.4, the Consultant will describe the work included to bring each sewer manhole to grade (which may include removal and /or replacement of cone sections, extensions, and /or risers. This information will be shown on the roadway plans and quantified in the appropriate bid schedule. Lakehaven Utility District KPG PHS Phase IV HOV Lanes Page 5 of 8 October 2009 Scope of Services AG #06 -127 Task 16.6 — Specifications The Consultant will prepare special provisions for construction of the water system facilities and sewer manhole adjustments per Lakehaven Standards. Special provisions shall supplement WSDOT's 2008 Standard Specifications, unless Lakehaven's Water System and Sewer System Standards specify otherwise. The water system facilities and sewer manhole adjustment bid items will be included as a separate bid schedule. Task 16.7 — Opinion of Cost The Consultant will prepare a 100% and final opinion of cost for the work described in Task 15.2. The breakdown of items shown in the opinion of cost shall be of sufficient detail for inclusion in the project bid documents. Adjustment of Lakehaven facilities located within easements converted to City right -of -way will be itemized on Schedule A. SCHEDULE: The City's roadway design has already been completed to the 99% design level. The Consultant will commence work on the water line design immediately upon receipt of a notice to proceed from the City of Federal Way (note that this requires that Lakehaven Utility District provide a notice to proceed to the City through the Interlocal Agency Agreement). The 100% PS &E will be delivered to the City and Lakehaven eight (8) weeks after the Consultant receives this notice to proceed. 2. The City and Lakehaven will review the 100% PS &E and return comments back to the Consultant no more than three (3) weeks after submittal. Comments received after this date may not be incorporated into the Final Contract Documents without a contract modification. 3. Final PS &E submittal will be prepared approximately three (3) weeks after comments are. received from the City and the District. DELIVERABLES: The Consultant will assemble and provide the following items to the City: 1. The Consultant will submit at 100% stage of completion, two (2) copies each of the half - sized plans, full -sized plan sheets, and special provisions for review and comment. 2. Two (2) sets of full -sized bond prints of "Final" water line plans (water schedule only). 3. Two (2) sets of half -sized bond prints of "Final" Water Line Plans (water schedule only). 4. Two (2) sets of camera -ready hard copy special provisions which cover the water - related elements of the project only. 5. One (1) computer disk for the plans of the water line elements of the project in AutoCAD format. 6. One (1) computer disk for the water line special provisions in Microsoft Word format. Lakehaven Utility District KPG PHS Phase IV HOV Lanes Page 6 of 8 October 2009 Scope of Services AG #06 -127 ASSUMPTIONS: Utility record drawings are not included in this scope and fee because construction services are not included in this contract. 2. Existing asbestos - cement (AC) water main to be removed shall be included as a separate bid item and appropriate hazardous waste specifications will apply. 3. It is assumed that all base - mapping, surveying and utility coordination already performed as part of this contract is adequate and no additional effort in these areas is included in this amendment, except as necessary to correct items noted in previous review comments. 4. Lakehaven shall provide the Consultant, in a timely manner, Lakehaven's standard documents for public works contracts, including standard plans. Unless otherwise specified, these standard documents shall be suitable for inserting into the bid documents without revision. 5. Lakehaven shall obtain all necessary approvals and /or new /revised utility service, and pay all fees connected therewith. 6. Lakehaven' representative with respect to services to be rendered under the Agreement shall be as designated by Lakehaven's Engineering Manager. 7. Lakehaven shall coordinate with the City of Federal Way to receive the required number of sets of final Contract Documents. 8. Lakehaven shall pay all permit fees necessary to complete the work described in this scope of work. 9. No conflict analysis has been completed or is anticipated for side sewers unless data is provided by Lakehaven. Lacking this data, it is anticipated that side sewer modifications will be made on a case -by -case basis during construction. 10. In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the project, the Consultant has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality performance by operating personnel or third parties; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore the Consultant makes no warranty that Lakehaven's actual project costs, financial aspects, economic feasibility, or schedules will not vary from the Consultant's opinions, analyses, projects, or estimates. Lakehaven Utility District KPG PHS Phase IV HOV Lanes Page 7 of 8 October 2009 Scope of Services AG #06 -127 Unit Total Description Unit Qty cost cost Water and Sewer Mobilization Water and Sewer Traffic Control Labor Trench Safety Systems Shoring or Extra Excavation Class B Structural Excavation Class B Gravel Borrow for Trench Backfill Remove and Dispose 12 -In. AC Pipe Remove and Dispose Abandoned Main Cl. 50 DI Pipe for Water Main 8 -In. Diam. Ductile Iron Pipe for Water Main 12 -In. Diam. Gate Valve, 8 -Inch Gate Valve, 12 -Inch Additional Cast Iron Fittings (Not Shown on Plans) Relocate Existing Hydrants (Abandon existing, install existing w/ otherwise new hydrant assemblies) Hydrant Assembly (Includes 6 -inch Diam. Cl. 52 DI pipe lateral, tee, hydrant valve, and hydrant ) Service Connections, Various Diameters Remove Existing SDCVA Remove and Dispose Valve and Box Adjust Valve Box Blowoff Assembly Adjust Sewer Manhole Abandon Force Main Reconstruct Sewer Manhole Subtotal - Schedule B Construction Cost Contingency (10 %) Sales Tax (9.5 %) Total Estimated Construction Cost LS 1 60,000.00 60,000.00 HRS 600 42.00 25,200.00 LS 1 20,000.00 20,000.00 SF 23,200 1.00 23,200.00 CY 3,100 25.00 77,500.00 CY 3,100 35.00 108,500.00 LF 2,635 10.00 26,350.00 LF 3,200 10.00 32.000.00 LF 120 65.00 7.800.00 LF 3,660 75.00 274,50000 EA 9 2,000.00 18,000.00 EA 17 3,000.00 51,000.00 LB 500 2.00 1,000.00 EA 10 3,000.00 30,000.00 EA 2 5,000.00 10,000.00 EA 22 1,000.00 22,000.00 LS 1 2,000.00 2,000.00 EA 21 250.00 5,250.00 EA 40 300.00 6,000.00 FA 2 1,000 2,000.00 EA 16 400.00 6,400.00 LS 1 10,000.00 10,000.00 EA 2 3,000.00 6,000.00 824,700.00 82,470.00 86,181.15 993,351.15 Note: Adjustment of Lakehaven facilities located within easements converted to City right - of -way will be paid for according to the terms agreed to for release of said easements. Lakehaven Utility District KPG PHS Phase IV HOV Lanes Page 8 of 8 October 2009 Scope of Services AG #06 -127 HOUR AND FEE ESTIMATE Project: City of Federal Way Pacific Highway South HOV Lanes, Phase IV South 312th Street to Dash Point Road Supplement No. 4 - Lakehaven Utility District Final Design EXHIBIT E -4 K IF* G ♦ Architecture Landscape Architecture ♦ Civil Engineering Task Description Labor Hour Estimate Total Fee Project Manager $ 56.58 Senior Engineer $ 46.30 Proj Engr Sen. Urb Des Proj. Surveyor $ 40.13 Design Engr Landscape Surveyor $ 34.62 -,2 -Man Survey Crew $ 46.55 Technician $ 27.26 Clerical $ 20.58 :Ho]ursLabor Direct Cost Overhead 156.77% Profit 30 % Effective Multiplier 2.8677 Supplement No. 4- Lakehaven Utility District Final Desi n Task 16 - Lakehaven Utility District Final Design 16.1 Project Management 20 0 12 0 0 0 16 48 1,942 3,045 583 $ 5,570.08 16.2 Waterline Plan and Profile Sheets 24 40 144 0 0 160 0 368 13,350 20,929 4,005 $ 38,284.05 16.3 Waterline Detail Sheet 4 0 24 0 0 16 0 44 1 2,548 488 $ 4,661.57 16.4 Sewer Manhole Field Investigation 2 0 16 0 0 16 0 34 1,191 1,868 357 $ 3,416.52 16.5 Sewer Manhole Adjustments 4 0 24 0 0 24 0 52 1,844 2,890 553 $ 5,287.04 16.6 Specifications 4 4 16 0 0 0 4 28 1,136 1,781 341 $ 3,257.21 16.7 Opinion of Cost 2 4 16 0 0 8 2 32 1,200 1,881 360 $ Mileage $ _ 100.00 Reproduction $ _, 400.00 Geotechnical Allowance $ 4,000.00 Totals 60 48 252 0 0 224 22 606 22,288 34 942 6 687 $ 68,416.63 City of Federal Way Page 1 of 1 KPG PHS PH /V Supplement No. 4 - LUD Final Design 811712009 RETURN TO: a a rmQn t X , 70Z. CITY OF FEDERAL WAY LAW DEPARTMENT REQUEST FOR CONTRACT PREPARATION/DOCUMENT REVIEW /SIGNATURE ROUTING SLIP 1. ORIGINATING DEPTIDIV P W/ S+ree4 I ?. ORIGINATING STAFF PERSON: Q r t U vi 20 �- e EXT: 2 7 2 3. DATE REQ. BY: 4- TYPE OF DOCUMENT REQUESTED (CHECK ONE) ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) • PUBLIC WORKS CONTRACT ❑ SMALL 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 IXCONTRACT AMENDMENT (AG#): Off', -- J P 7 - PL - 3 ❑ OTHER 7T 5. PROJECT NAME: P Gt C 't i G /�-�s �i Sa kk f Lc� �-� c' s p Li cc s Q _ i. NAME OF CONTRACTOR: K P(7 �L� L ADDRESS: 7 S3 c'1 t{1 ,��i e�7 SPA P: li(//,/ -� G1.S5 TELEPHONE 00(- a( - /j4n SIGNATURE NAME: S L7 TITLE Prt �c l Cii blo �� /oy�oocS� Q�cP os 3I iv 7. EXHIBITS AND ATTAC HMENTS: ❑ SCOPE, WORK OR SERVICES El COMPENSATION INSURANCE REQUIRE NTS /CERTIFICATE XI ALL OTHER REFERENCED EXHIBITS 'PROOF OF AUTHORITY TO SIGN 'REQUIRED LICENSES XPRIOR CONTRACT /AMENDMENTS 3. TERM: COMMENCEMENT DATE: q sl2 ova COMPLETION DATE: 1/3 D /�DYo $ r, 3 q, c760, 8l I. TOTAL COMPENSATION $ 1 1 �3 °l�l ct 1$, GI' { 3S, b a/ � °l 3 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHA GE -ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE. YYES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ S aZn f 3 1 ci 73, 5S-= $ 5 1 0 1 , ! 73. IS SALES TAX OWED ❑ YES )(NO IF YES, $ PAID BY. ❑ CONTRACTOR O CITY ❑ PURCHASING: PLEASE CHARGE TO: - OOG- zl ypQ- l Scl- S q 30 - ` l l 10. CONTRACT REVIEW INI' IAL /DATEREVIEWED INITIAL/ DATE APPROVED ,PROJECT MANAGER DIRECTOR Ara r wct w a I `� o � IS MANAGE � LAW �/10 > X U [ r� x k-, - 1. CONTRACT SIGNATURE ROUTING SENT TO VENDOWCONTRACTOR DATE SENT: gll �jl�' DATE REC'D: oZD ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS INITIAL/ DATE SIGNED FLAW DEPART NT - Z OLI I ,KSIGNATOR (CM 0 —W-4 -6 il �q XCITYCLE I<ASSIGNED AG# AG# SIGNED COPY RETURNED DATE SENT: g 2� / ohs or�in OM NTS: X L "(21 �` or q i na/S , �� T c�l�s s . s s n 7, �m p.r -_ i L2( �1- t,/cf. ft.'( in S L !. - to i r 4/9 SUPPLEMENT NO.3 CITY OF FEDERAL WAY PACIFIC HIGHWAY SOUTH HOV LANES PHASE Af SOUTH 312 STREET TO DASH POINT ROAD The local agency of the City of Federal Way desires to supplement the agreement entered into with KPG, executed on September 8 2006 identified as Agreement No. 06 -127. All provisions in the Agreement remain in effect except as expressly modified by this supplement. The changes to the Agreement are described as follows: Section II, SCOPE OF WORK, and Exhibits "A" and "A -1" of the Agreement, shall be amended to include those additional services more particularly described in Exhibit "A -3 ", attached hereto and incorporated by this reference ( "Additional Services'). II Section V, PAYMENT, the maximum amount payable under this Supplement No. 3, inclusive of all fees and other costs is Thirty Five Thousand, Forty-One and 93/100 Dollars ($35,041.93) for a total amount payable to Contractor pursuant to the Agreement, Supplement No. 1, and Supplement No. 2, inclusive of all fees and other costs, to be an amount not to exceed One Million, Four Hundred Thirty-Four Thousand, Nine Hundred Sixty and 84/100 Dollars ($1,434,960.84). The attached Exhibit "E -3 ", which describes the payment for work to be performed under this Supplement No. 3, is hereby made a part of this Agreement. Signed this 21 day of AljqitQ4 2009. KPG, INC. � 4 By: Nelson Davis Its: Principal CITY OF FEDERAL WAY By: g1d1l Brian ilson Its: Interim City Manager 753 9 Avenue N Seattle, WA 98109 (253) 627 -0720 P.O. Box 9718 Federal Way, WA 98063 -9718 (253) 835 -2401 A PPROVED AS TO FORM: Patricia A. Richardson, City Attorney KAconTRACT2006ft -127C KPG, Inc.doc EXHIBIT A -3 City of Federal Way Pacific Highway South HOV Lanes Phase IV South 312 Street to Dash Point Road KPG Supplement No. 3 — Additional Appraisal and Negotiation Services Scope of Work July 29, 2009 Purpose The purpose of this supplement is to provide for additional right of way and negotiation services associated with the Pacific Highway South HOV Lanes Phase IV Project. Work Element 12 Right of Way Appraisals 12.3 The estimated allowance for appraisal services at the time of original contract was $100,000. At the time appraisal services were required actual costs were $110,500. This supplement provides for a cost adjustment for appraisal services of $10,500. 12.4 Provide sign bids for impacted commercial business signs on 18 parcels. This work will be completed by Plumb Signs. 12.5 Provide architectural and structural engineering support to review site conditions at Parcel 17 and develop building modification cost estimates in support of the appraisal process. Structural review will be provided by KPFF under subcontract to KPG. Work Element 13 Right -of -Way Negotiation. 13.10 This supplemental cost estimate is to address hours needed to complete negotiation and title clearing tasks described in the February 25, 2008 Scope of Work. Work in this task will be completed by Certified Land Services under subcontract to KPG. The following work is anticipated for eighteen unsigned parcels. • Owners of five parcels (8, 14, 17, 19, 21/22) will be sent a final letter regarding condemnation and files transmitted to the City. • Offer on one parcel (25) will be rescinded and a Right of Entry-only requested. • ROE -only parcel, plus twelve other unsigned parcels (2, 5/6/7, 9, 9A, 10/11, 13, 16, 20, 25, 28, 37, 40) will be negotiated to completion (or if not settled by August 31, 2009, transmitted to the City for condemnation), title cleared and files transmitted to the City. Transmitting of files includes finalization of diary, preparation of parcel worksheet and transmittal coversheet, update of title summary, printing correspondence, misc. organization and review, copy, scan and send. • Additionally, miscellaneous other outstanding title matters on all parcels will be completed. HOUR AND FEE ESTIMATE Project: City of Federal Way Pacific Highway South HOV Lanes, Phase IV South 312th Street to Dash Point Road Supplement No. 3 - Additional Appraisal and Negotiation Services EXHIBIT E -3 KPG ♦ Architecture Landscape Architecture ♦ Civil Engineering Senior Project Task Description Engineer Manager $ 56.58 $ 46.30 Labor Hour Estimate Total Fee Proj Engr ien. Urb De �roj. Surveyo $ 40.13 FLandscape sign engi urveyor 34.62 2 man survey crew $ 46.55 Technician $ 27.26 Clerical $ 20.58 Hours Direct Overhead Labor Costj 156.77% Profit 30 ° /a Effective multiplier 2.8677 Work Element 12 - Right of Way Appraisals 12 2 - Prep are Sign Bids 12.1 Adjstment to 12.3 P e are conceptual ark n s 15 parcels 9 —_ Reimbursable expenses: 0 4 0 0 0 0 — _ 0 _ 0 0_ 0 0 0 0 2 0 26 0_ 1 07 0 0 0 I 0$ 1 6 _ 3_21 $ $ 3,068.38 Adjustment to Appraisal Total (12.1) $10,500 Plumb Signs - Sign Bids (12.2) - - -- - - - -- - — $ - 7,357.50 KPFF - Structural Review of Parcel 17 (12.3 ) $ 1,433.15 Task Total 4 0 20 0 0 0 2 26 1,070 1,677 3 1 $ 22,359.03 Work Element 13 - Right of Way Negotiation 13.1 Final property negotiations and title clearing 0 0 0 0 0 0 0 0 01 0 0 - - Reimbursable expenses: - -- - - - - -- _ -- Certified - Negotiations and title clearing $12,683 Task Total 0 0 0 0 0 0 0 - - - $ 12,682.90 TOTAL HOURS AND TOTAL ESTIMATED FEE 4 0 1 20 0 1 0 0 2 26 1 1070 1 1677 321 1 $ 35,041.93 City of Federal Way Page 1 of 1 KPG PHS PH IV 7129109 DATE IN: DATE OUT: I TO: �w Floc, u ou"n CITY OF FEDERAL WAY LAW DEPARTMENT REQUEST FOR CONTRACT PREPARATION /DOCUMENT REVIEW /SIGNATURE ROUTING SLIP ORIGINATING DEPT./DIV: F L10 / S ORIGINATING STAFF PERSON: f l u y R o t) e t TS EXT: % 7 Z 3 3. DATE REQ. BY: TYPE OF DOCUMENT REQUESTED (CHECK ONE) • PROFESSIONAL SERVICE AGREEMENT ❑ SECURITY DOCUMENT (E.G. AGREEMENT & • MAINTENANCE /LABOR AGREEMENT PERFIMAIN BOND ASSIGNMENT OF FUNDS IN LIEU OF BOND) • PUBLIC WORKS CONTRACT ❑ CONTRACTOR SELECTION DOCUMENT • SMALL PUBLIC WORKS CONTRACT (E.G., RFB, RFP, RFQ) (LESS THAN $200,000) I CONTftACT AMENDMENT AG #: l t? • PURCHASE AGREEMENT) ❑ CDBG (MATERIALS, SUPPLIES, EQUIPMENT) ❑ OTHER ❑ REAL ESTATE DOCUMENT PROJECT NAME: NAME OF CONTRACTOR: ADDRESS: '7 S Gl t'l SIGNATURE NAME: A/� L TELEPHONE ?_p ( -2- / (o TITLE pr i Li c i p et l 7. ATTACH ALL EXHIBITS AND CHECK BOXES ❑ SCOPE OF SERVICES ❑ ALL EXHIBITS REFERENCED IN DOCUMENT ❑ INSURANCE CERTIFICATE ❑ DOCUMENT AUTHORIZING SIGNATURE 8. TERM: COMMENCEMENT DATE: Cl g COMPLETION DATE: t 13©1Zc:((3 I vl �� = �_��1�t 3 , � l S TAX, ANY ' 1 9. TOTAL COMPENSATION $ �I (INCLUDE EXPENSE A D SALES IF (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXP S ❑ YES El NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY. ❑ CONTRACTOR ❑ CIT 10. CONTRACT REVIEW IALIDA E APPROVED INITIAL/DATE APPROVED )Q PROJECT MANAGER 4 1T XDIRECTOR MurrvaH �l'�(r nISK MANAGEMENT )<LAW 0113, tell MA15 b/16/ I1. CONTRACT SIGNATURE ROUTING INITIAL/DATE APPROVED INITIAL/DATE APPROVED XLAW DEPARTMENT CITY MANAGE C r�: 7/1 '4/D� Am u(mlosr lS�� CITY CLERK ' SIGN COPY BACK TO ORGIN T G DEPT. � ASSIGNED AG# - 1 PURCHASING: PLEASE CHARGE TO: 3 ©(o - 94 DC -1 9�T - s9 S- 3 0 e l COMMENTS ' f or f e_ i' - oL e C ul-el'12 LAl2.1+ S<4- E . - 10/09/02 SUPPLEMENT NO. 2 CITY OF FEDERAL WAY PACIFIC HIGHWAY SOUTH HOV LANES PHASE IV SOUTH 312 STREET TO DASH POINT ROAD The local agency of the City of Federal Way desires to supplement the agreement entered into with KPG, executed on September 8 2006 identified as Agreement No. 06 -127. All provisions in the Agreement remain in effect except as expressly modified by this supplement. The changes to the Agreement are described as follows: Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the date for completion of the work to read: January 30, 2010. Ratification Any act done by either party consistent with the authority of the Agreement after the previous expiration date and prior to the effective date of this supplement, is hereby ratified as having been performed under the Agreement as it existed prior to this supplement. 4 u Signed this 15 day of �* ' 2008. KPG, INC. By: c Nelson D vis, P.E. CITY OF FEDE AY By: Cary M. Roe, Pf. Its: Principal 753 9 Avenue N Seattle, WA 98109 (253) 627 -0720 Its: Assistant City Manager Chief Operations Officer Emergency Manager P.O. Box 9718 Federal Way, WA 98063 -9718 (253) 835 -2401 APPROVED ORM: Patricia A. Richardson, City Attorney K:\ CONTRACT \2006 \06 -127B KPG, Inc.doc DATE IN: DATE OUT: TO: oea CITY OF FEDERAL WAY LAW DEPARTMENT REQUEST FOR CONTRACT PREPARATION/DOCUMENT REVIEW /SIGNATURE ROUTING SLIP 1. ORIGINATINGDEPT./DIV: POL1 ree+S 2. ORIGINATING STAFF PERSON: f r"1cr w Rm l e 143 EXT: a-'? 2.3 3. DATE REQ. BY: 4. TYPE OF DOCUMENT REQUESTED (CHECK ONE) • PROFESSIONAL SERVICE AGREEMENT ❑ SECURITY DOCUMENT (E.G. AGREEMENT & • MAINTENANCE /LABOR AGREEMENT PERF/MAIN BOND ASSIGNMENT OF FUNDS IN LIEU OF BOND) • PUBLIC WORKS CONTRACT o CONTRACTOR SELECTION DOCUMENT • SMALL PUBLIC WORKS CONTRACT (E.G., RFB, RFP, RFQ) r \ (LESS THAN $200 ,000) XCONTRACT AMENDMENT AG #: ❑ PURCHASE AGREEMENT) ❑ CDBG (MATERIALS, SUPPLIES, EQUIPMENT) o OTHER o REAL ESTATE DOCUMENT 5. D l f 1 PROJECT NAME: Pa,c_ C i c. tt'v � S n 0'v L a o E S l� � a S f ! �L 6. NAME OF CONTRACTOR: K P Z �, ADDRESS: 753 - q - ft , A }e em VL14 1 TELEPHONE ��3 rc27 07c?C SIGNATURE NAME: Nelseppi c R TITLE Pr � I pa l 7. ATTACH ALL EXHIBITS AND CHECK BOXES ❑ SCOPE OF SERVICES ALL EXHIBITS REFERENCED IN DOCUMENT INSURANCECERTIFICATE IX DOCUMENT AUTHORIZING SIGNATURE 8:' / TERM: COMMENCEMENT DATE: ''l K ocr COMPLETIONDATE: '413& C>� - 1-- l,3 f`I�77f, 1 = /, �• 9.. TOTAL COMPENSATION $ CC / t 7, 7 S (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: RYES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED o YES >(NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY 10. CONTRACTREvIEW JNITIAIATE APPROVED INITIAL/DATE APPROVED (PROJECT MANAGER I 'llow0i 'DIRECTOR (p gr3 0 - 7 ❑ RISK MANAGEMENT >(LAW 6 7 01 11. CONTRACT SIGNATURE ROUTING INITIAL/DATE APPROVED INITIAL/DATE APPROVED X LAW DEPARTMENT *CITY MANAGER Ae 0­7 Ci X CITY CLERK - 9 SIGN COPY BACK TO ORGINATING DEPT. XASSIGNED AG# (X • A77 < XPURCHASING: PLEASE CHARGE TO: 3a(c -14 y 1 S°! S`? COMMENT, . 1 f'zx , de 07/05 - _�J SUPPLEMENT NO. 1 CITY OF FEDERAL WAY PACIFIC HIGHWAY SOUTH HOV LANES PHASE IV SOUTH 312 STREET TO DASH POINT ROAD The local agency of the City of Federal Way desires to supplement the agreement entered into with KPG, executed on September 8 2006 identified as Agreement No. 06 -127. All provisions in the Agreement remain in effect except as expressly modified by this supplement. The changes to the Agreement are described as follows: Section II, SCOPE OF WORK, and Exhibit "A" of the Agreement, shall be amended to include those additional services more particularly described in Exhibit "A -1" attached hereto and incorporated by this reference 'Additional Services "). II Section V, PAYMENT, the maximum amount payable under this Supplement No. 1, inclusive of all fees and other costs is Ten Thousand, One Hundred Forty-Seven and 75/100 Dollars ($10,147.75) for a total amount payable to Contractor pursuant to the Agreement and Supplement No. 1, inclusive of all fees and other costs, to be an amount not to exceed One Million, Three Hundred Ninety -Nine Thousand, Nine Hundred Eighteen and 91/100 Dollars ($1,399,918.91). The attached Exhibit "E -1 ", which describes the payment for work to be performed under this Supplement No. 1, is hereby made a part of this Agreement. Signed this Vy- day of ' 2007. KPG, INC. 4j_e��' Nelson Davis By: Its: Principal 753 9 Avenue N Seattle, WA 98109 (253) 627 -0720 CITY OF FEDE WAY By: L�_ Cary M. Rod Its: Assistant City Manager / Emergency Manager P.O. Box 9718 Federal Way, WA 98063 -9718 (253) 835 -2401 APPROVED AS TO FORM: —�— a ricia A. Richardson, City Attorney KACONTRACT\2006 \06 -127A KPG, INc.doc EXHIBIT A -1 City of Federal Way Pacific Highway South HOV Lanes Phase IV South 312 Street to Dash Point Road Supplement No. 1 Additional drainage design for South 308 Street KPG Scope of Work June 25, 2007 Purpose The purpose of this supplement is to provide additional base mapping, plans, specifications, and estimating for storm drainage replacement and necessary restoration on South 308 Street east of Pacific Highway South. The existing system is shallow, undersized, and at adverse grade. This work is necessary to reduce street and business flooding in the area. Scope of Work Task 1 — Survey and base mapping. Expand the SR99 Phase 4 HOV base map survey further east along S.308th Street. Provide a curb -to -curb topo (approximately 325 feet further eastward from the current base map) to 30 feet east of the centerline of the intersection of S.308th with 18th Avenue South. APS will provide utility locates for incorporation into the base maps. Task 2 — Prepare 30% Design of drainage improvements Design a replacement for a deficient (shallow, undersized and at adverse grade) lateral system located immediately east of SR99 on the south side of S 308 Street, remove an undersized underground infiltration system located east of SR99 on the north side of S 308 Street, and extend the existing lateral system to approximately the SE quadrant of the intersection with 18th Avenue South. Storm crossings will be installed where appropriate. The proposed PHS drainage system will be designed to allow positive drainage of the replace S 308 system. Task 3 — Incorporate into final Plans, Specifications, and Estimates Prepare final plans, specifications, and cost estimates. It is estimated that 3 plan sheets will be required (2 plan and profile). The level of effort estimated assumes that this project will be incorporated into, and bid as part of the Pacific Highway South HOV Lanes Phase IV project. City of Federal Way Page 9 of 9 KPG PHS HOV Lanes Phase IV Supplement No. 1 612512007 DATE IN: DATE OUT: TO: f CITY OF FEDERAL WAY LAW DEPARTMENT REQUEST FOR CONTRACT PREPARATION /DOCUMENT REVIEW /SIGNATURE ROUTING SLIP u) f l 1. ORIGINATING DEPT. /DIV: / Y; 2. ORIGINATING STAFF PERSON: A I Em � f �— EXT: P -7,)-/ 3. DATE REQ. BY: 4. TYPE OF DOCUMENT REQUESTED (CHECK ONE) • PROFESSIONAL SERVICE AGREEMENT ❑ SECURITY DOCUMENT (E.G. AGREEMENT & • MAINTENANCE /LABOR AGREEMENT PERF/MAIN BOND ASSIGNMENT OF FUNDS IN LIEU OF BOND) • PUBLIC WORKS CONTRACT o CONTRACTOR SELECTION DOCUMENT • SMALL PUBLIC WORKS CONTRACT (E.G., RFB, RFP, RFQ) 9 (LESS THAN $200,000) o CONTRACT AMENDMENT AG #: • PURCHASE AGREEMENT) o CDBG (MATERIALS, SUPPLIES, EQUIPMENT) OTHER L ,46 �L • REAL ESTATE DOCUMENT reeYY1 evc f 5. PROJECT NAME: P Q G H 44o PyYhs:�, rj, 6. NAME OF CONTRACTOR: h ADDRESS: d, c TELEPHONE SIGNATURE NAME: /J Q I Spr) U i S _ TITLE 7. ATTACH ALL EXHIBITS AND CHECK BOXES ❑ SCOPE OF SERVICES ALL EXHIBITS REFERENCED IN DOCUMENT ",INSURANCE CERTIFICATE XDOCUMENT AUTHORIZING SIGNATURE 8. TERM: COMMENCEMENT DATE: COMPLETION DATE: 4 - 3 D -CAS 9. TOTAL COMPENSATION $ /,.3R q _ -7 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LAB Z CHARG�L - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ C C>,ej. 'Zn('7 IS SALES TAX OWED ❑ YES >9 Z40 IF YES, $ ft PAID BY: ❑ CONTRACTOR ❑ CITY 10. CONTRACT REVIEW INITIAL /DAT PROVED INITIAL/DATEAPPROVED X PROJECT MANAGER 4 111 J(. ` _ DIRECTOR RISK MANAGEMENT cI )<LAW I Iti1. AJP q- - 7.0 11. CONTRACT SIGNATURE ROUTING INITIAL/DATEAPPROVED INITIAL /DATE APPROVED X LAW DEPARTMENT q.'7 XCITY MANAGER q I j /[ XCITY CLERK SIGN COPY BACK TO ORGINATING DEPT. I ASSIGNED AG# 'PURCHASING: 30& PLEASE CHARGE TO: •- 1 59- 5915 -. -30 - COMMENTS � 07/05 Index of Exhibits Exhibit "A" - Scope of Work Exhibit "B" - DBE Participation Exhibit "C" - Electronic Exchange of Engineering and Other Data Exhibit "D" - Payment (by Agreement Type) Exhibit "E" - Consultant Fee Determination Exhibit "F" - Breakdown of Overhead Cost Exhibit "G" - Subcontract Work/Fee Determination Exhibit "Fr'— Title VI Assurances Exhibit "I" — Payment Upon Termination of Agreement Exhibit "J" — Alleged Consultant Design Error Procedures Exhibit "K' — Consultant Claim Procedures Exhibit "L" — Liability Insurance Increase Exhibit "M — Certification Documents THIS AGREEMENT, made and entered into this day of September 2006 , between the Local Agency of City of Federal Way , Washington, hereinafter called the "AGENCY" and the above organization hereinafter called the "CONSULTANT ". DOT Form 140 -089 EF Page 1 of 8 Revised 6/05 Co nsultant/Address/Telephone Local Agency KPG, Inc Standard Consultant 753 9th Avenue N Agreement Seattle WA 98109 ® Architectural /Engineering Agreement ❑ Personal Services Agreement 206- 286 -1640 Agreement Number Project Title And Work Description Pacific Highway South HOV Lanes Phase IV Federal Aid Number South 312th Street to Dash Point Road Agreement Type (Choose one) ❑ Lump Sum Lump Sum Amount $ DBE Participation ® Cost Plus Fixed Fee Overhead Progress Payment Rate 156.77 % ❑ Yes ® No % Federal ID Number or Social Security Number Overhead Cost Method ❑ Actual Cost 91- 1477622 Do you require a 1099 for IRS? Completion Date El Actual Cost Not To Exceed ° !0 El ®No Apri130, 2008 ® Fixed Rate 30 °!° Fixed Fee $ ❑ Specific Rates Of Pay Total Amount Authorized $ 1,389,771.16 ❑ Negotiated Hourly Rate Management Reserve Fund $ ❑ Provisional Hourly Rate Maximum Amount Payable $ 1,389,771.16 ❑ Cost Per Unit of Work Index of Exhibits Exhibit "A" - Scope of Work Exhibit "B" - DBE Participation Exhibit "C" - Electronic Exchange of Engineering and Other Data Exhibit "D" - Payment (by Agreement Type) Exhibit "E" - Consultant Fee Determination Exhibit "F" - Breakdown of Overhead Cost Exhibit "G" - Subcontract Work/Fee Determination Exhibit "Fr'— Title VI Assurances Exhibit "I" — Payment Upon Termination of Agreement Exhibit "J" — Alleged Consultant Design Error Procedures Exhibit "K' — Consultant Claim Procedures Exhibit "L" — Liability Insurance Increase Exhibit "M — Certification Documents THIS AGREEMENT, made and entered into this day of September 2006 , between the Local Agency of City of Federal Way , Washington, hereinafter called the "AGENCY" and the above organization hereinafter called the "CONSULTANT ". DOT Form 140 -089 EF Page 1 of 8 Revised 6/05 WITNESSETH THAT: WHEREAS, the AGENCY desires to accomplish the above referenced project, and WHEREAS, the AGENCY 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 for the PROJECT; and WHEREAS, the CONSULTANT represents that he /she is in compliance 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 work and services as herein defined and necessary to accomplish the completed work for this PROJECT. The CONSULTANT shall furnish all services, labor, and related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT. II Scope of Work The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit "A" attached hereto and by this reference made a part of this AGREEMENT. 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 Federal, State, 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 minim 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 work in sufficient detail so that the progress of the work can easily be evaluated. The CONSULTANT, and each SUBCONSULTANT, shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONSULTANT, and each SUBCONSULTANT, shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT - assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the termination of this AGREEMENT. Participation for Disadvantaged Business Enterprises (DBE), if required, per 49 CFR Part 26, or participation of Minority Business Enterprises (MBE), and Women Business Enterprises (WBE), shall be shown on the heading ofthis AGREEMENT. If D /M/WBE firms are utilized, the amounts authorized to each firm and their certification number will be shown on Exhibit "B" attached hereto and by this reference made a part ofthis AGREEMENT. Ifthe Prime CONSULTANT is a DBE firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY'S "DBE Program Participation Plan". The mandatory DBE participation goals of the AGREEMENT are those established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the AGENCY. 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." All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination ofthis AGREEMENT are instruments of service for this PROJECT, 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 ofthis PROJECT, shall be without liability or legal exposure to the CONSULTANT. Page 2 of 8 IV Time for Beginning and Completion 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 under 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 or 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. V Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided in Exhibit "D" attached hereto, and by reference made part of this AGREEMENT. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. A post audit may be performed on this AGREEMENT. The need for a post audit will be determined by the State Auditor, WSDOT External Audit Office and/or at the request of the AGENCY'S PROJECT Manager. VI Sub - Contracting The AGENCY permits sub - contracts for those items of work as shown in Exhibit "G" attached hereto and by this reference made part of this AGREEMENT. Compensation for this sub - consultant work shall be based on the cost factors shown on Exhibit "G." The work of the sub - consultant shall not exceed its maximum amount payable unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, overhead, direct non -salary costs and fixed fee costs for the sub - consultant shall be substantiated in the same manner as outlined in Section V. All sub - contracts shall contain all applicable provisions of this AGREEMENT. With respect to sub - consultant payment, the CONSULTANT shall comply with all applicable sections of the Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT shall not sub - contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. No permission for sub - contracting shall create, between the AGENCY and sub - contractor, any contract or any other relationship. A DBE certified sub - consultant is required to perform a minimum amount of their sub - contracted agreement that is established by the WSDOT Highways and Local Programs Project Development Engineer in consultation with the AGENCY. VII Employment 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 the 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 Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a Page 3 of 8 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 the contract, any professional or technical personnel who are, or have been, at any time during the period of the contract, in the employ of the United States Department of Transportation, or the STATE, or the AGENCY, except regularly retired employees, without written consent of the public employer of such person. VIII Nondiscrimination During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest agrees to comply with the following laws and regulations: Title VI of the Civil Rights Act of 1964 (42 USC Chapter 21 Subchapter V Section 2000d through 2000d -4a) Federal -aid Highway Act of 1973 (23 USC Chapter 3 Section 324) Rehabilitation Act of 1973 (29 USC Chapter 16 Subchapter V Section 794) Age Discrimination Act of 1975 (42 USC Chapter 76 Section 6101 et seq.) Civil Rights Restoration Act of 1987 (Public Law 100 -259) American with Disabilities Act of 1990 (42 USC Chapter 126 Section 12101 et. seq.) 49 CFR Part 21 23 CFR Part 200 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 "H" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "H" 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 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 as shown in Exhibit "I" for the type of AGREEMENT used. No payment shall be made for any work 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 herein above, 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. Page 4 of 8 In such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work 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 work required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the work 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 above. 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 it's employee's default 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 in accordance with the termination for other than default clauses listed previously. In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervisory personnel assigned to the PROJECT, or dissolution of the partnership, termination of the corporation, or disaffiliation of the principally involved employee, the surviving members of the CONSULTANT hereby agree to complete the work under the terms ofthis AGREEMENT, if requested to do so by the AGENCY. This subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the AGENCY so chooses. In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the CONSULTANT, with the AGENCY'S concurrence, desire to terminate this AGREEMENT, payment shall be made as set forth in the second paragraph of this section. Payment for any part of the work 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 ofthis AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform work 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 complete work of this AGREEMENT as necessary to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work 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 XIV. XI Disputes Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shall be referred for determination 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 de novo 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", and disputes concerning claims will be conducted under the procedures found in Exhibit "K ". XII Venue, Applicable Law, and Personal Jurisdiction In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such action 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 to such action shall 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. Page 5of8 All Legal Relations The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this AGREEMENT. This contract shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT; provided that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold harmless the AGENCY or the STATE from claims, demands or suits based solely upon the conduct of the AGENCY or the STATE, their agents, officers and employees; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT'S agents or employees, and (b) the AGENCY or the STATE, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon such negligence (2) the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents or employees. The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor. The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT'S own employees against 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. Unless otherwise specified in the 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 the 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 and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall not exceed one million dollars ($1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the CONSULTANT, the AGENCY will be named on all policies as an additional insured. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by the 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 the AGENCY. 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 shall be limited to the amount payable under this AGREEMENT or one million ($1,000,000) dollars, whichever is the greater, unless modified by Exhibit "U'. In no case shall the CONSULTANT'S professional liability to third parties be limited in any way. Page 6of8 The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY and the STATE may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. XIV Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of the 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 work under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of the 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 the 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 the AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the 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. XV Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XVI Federal and State Review The Federal Highway Administration and the Washington State Department of Transportation shall have the right to participate in the review or examination of the work in progress. XVII Certification of the Consultant and the Agency Attached hereto as Exhibit "M -1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "M -2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit "M -3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "M -4" Certificate of Current Cost or Pricing Data. Exhibit "M -3" is required only in AGREEMENTS over $100,000 and Exhibit "M -4" is required only in AGREEMENTS over $500,000. XVIII 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 an amendment to this AGREEMENT. XIX 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 agreements contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof. Page 7of8 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. KPG, INC. 753 9TH AVENUE NORTH SEATTLE, WA 98109 NELSON D , PRINCIPAL CITY OF FEDERAL WAY 33325 8TH AVENUE SOUTH P.O. BOX 9718 FEDERAL WAY, WA 98063 -9718 NEAL J. BEETS, T MANAGER APPROVED AS TO FORM: 0 ml I /,I)A-/7A.A/i9 IZ� 1"'111/41 PATRICI . RICHARDSON, CI ATTORNEY DOT Form 140 -089 EF Revised 6/05 Page 8 of 8 Exhibit A City of Federal Way Pacific Highway South HOV Lanes Phase IV South 312 Street to Dash Point Road KPG Scope of Work August 14, 2006 Purpose The purpose of Pacific Highway South HOV Lanes Phase IV improvements is to improve corridor operations through the installation of HOV lanes in both directions and providing access management solutions to existing business along the corridor. New sidewalks, roadway illumination, center medians, landscaping, and utility undergrounding will also serve to improve the safety and aesthetic character along Pacific Highway South. Proposed Improvements Proposed Improvements for Pacific Highway South include: ♦ Roadway widening as required to provide HOV lanes in both directions. ♦ Installation of curb, gutter and sidewalk along both sides of the roadway. ♦ Installation of raised center median with turn pockets at intersections. ♦ Upgraded stormwater collection, treatment, and detention facilities. ♦ Access control through driveway consolidation as appropriate. ♦ Undergrounding of aerial power, phone, and cable distribution lines. ♦ Relocation of high voltage electrical transmission lines. ♦ Installation of a new roadway illumination system ♦ Installation of new traffic signals at S 308 Street and S 304 Street Project Limits Pacific Highway South HOV Lanes Phase IV improvements complete the gap between the Phase I project to the south and the Phase III project to the north. This project extends improvements from the Phase I project near S 312 Street to the improvements from the Phase III project near 18 Avenue S. The side streets will be improved to the minimum extent necessary to provide a smooth transition into Pacific Highway South. City of Federal Way Page 1 of 27 KPG Pacific Highway South HOV Lanes Phase IV 811412006 Work Element 1 Project Management. The estimated project duration is 26 months. No design work will proceed after completion of the Design Report without written authorization from the City. No design work will proceed after the submittal of the 85% plans, specifications and estimate without written authorization from the City. 1.1 Provide project management administrative services including: ♦ Project set -up and execute agreement ♦ Execution of subcontractor agreements ♦ Preparation of monthly progress reports and invoices ♦ Record keeping and project closeout 1.2 Provide overall project management including: ♦ Project staff management and coordination ♦ Subcontractor management and coordination ♦ Prepare and update project schedule ♦ Schedule and budget monitoring 1.3 Coordinate with City staff, including preparation and attendance of up to 26 monthly coordination meetings throughout the duration of the project. Level of effort for this task is based on an average of 2 Consultant staff at each of the following meetings: ♦ One formal kickoff meeting at project start ♦ One formal kickoff meeting upon re- authorization to proceed following 30% and 85% approval. ♦ Monthly meetings at the City throughout the project duration (estimate 23). Work Element 2 Quality Control /Quality Assurance The Consultant shall provide internal QA/QC reviews of the following major work elements prior to submittal to the City. 2.1 Field review completed base maps for completeness and accuracy and incorporate findings. 2.2 Traffic analysis review: Senior review of technical analysis and report. 2.3 Provide senior review of geotechnical investigation plan and report. 2.4 Provide senior review of design report. 2.5 Provide senior review of 85% Plans, specifications and estimates. 2.6 Provide senior review of 100% Plans, specifications and estimates. City of Federal Way Page 2 of 27 KPG Pacific Highway South HOV Lanes Phase IV 811412006 Work Element 3 Mapping. Limits of survey. Pacific Highway South from the north curb of 18th Ave to South 312th Street; 300 feet wide, 150 feet each side of centerline of the Pacific Highway South centerline; 300 feet in each direction along South 304th Street and South 308th Street, 100 feet, 50 feet each side of center line. Pick up building corners that lie within the limits described above. 3.1 Establish horizontal and vertical control points along the corridor and within the project limits described above. Basis of control will be City of Federal Way Datum as used on Pacific Highway South HOV Lanes Phase I and Phase III projects. Approximately 12 control points will be established and will be made available for the construction Consultant's use during construction. The CONSULTANT will locate, field survey, and calculate positions for all monuments and control points throughout the project limits, using the Washington State plane coordinate system. Conventional or GPS surveying methods will be used on this project. Monuments or corners to be located and field surveyed include the following: • Section Corners • Side street monuments • Monuments on Pacific Highway South, centerline, construction and any monument shown or found as indicated on survey records. 3.2 Field Survey and Note Reduction. Perform note reduction of the field survey data. 3.3 Mapping work to prepare 1 " =20' topographic base map and digital terrain model (DTM) in AutoCAD format of the project within the limits described above. The base map will include building faces, building corners, building awnings, signs, trees, curbs, sidewalks, utility poles, signal poles and other surface features with in the mapping area as describe above. One -foot contours will be generated from the DTM. Field survey to establish existing pavement surface elevation on Pacific Highway South and all side streets within the limits of the project described above. Profiles of the existing roadway surface will be surveyed along the fog lines and along two -way left -turn lane lines and at the roadway crown line. Points will be surveyed at approximately 50 -ft intervals on Pacific Highway South and all side streets with in the project limits. 3.4 Field survey work to perform cross - sections at critical areas along Pacific Highway South. Cross - sections of the existing ground will be taken at 25 -ft intervals along the roadway edge and where necessary up to the face of existing buildings. 3.5 Field survey to locate paint marks in work element 4.1 at 50 -ft intervals and surface feature (valves, manholes, catch basins, junction boxes, vaults). Irrigation systems will not be included. The CONSULTANT will prepare a utility base map from this information. 3.6 Perform observation and measure -downs of existing storm drain catch basins and manholes. The approximate size, type (brick, concrete), and general condition of the structures to confirm suitability for continued use, and approximate size and location of storm drainage pipes will be documented. These observations will be made from the surface. City of Federal Way Page 3 of 27 KPG Pacific Highway South HOV Lanes Phase IV 811412006 3.7 After a design alternative is selected, supplemental field surveying, update basemap and digital terrain model (DTM). Creation of digital terrain model (DTM) from data supplied in 3.3. 3.8 Obtain a mounted 1" =100' aerial photograph of the project area. 3.9 Supplemental surveying for stormwater treatment, detention facilities and storm drainage connections. 3.10 Survey utility potholes. 3.11 Survey existing ground profile at retaining wall footing Work Element 4 Utility Mapping 4.1 Applied Professional Services (APS) will paint all utility locations within the project corridor so that they can be surveyed in work element 3.5. Service line locations and gravity storm and sewer will not be field located or mapped. 4.2 Request utility companies record drawings and update utility mapping prepared in 3.5. Utility as- builts will be used to verify the location and type of utilities within the limits of this project (i.e. adding the type of water main, and type, location and symbol of water valves). Utility depths will not be shown with the exception of those described in work element 3.10. 4.3 'Coordinate with the utility companies and identify locations for potholing based on the preferred design alternative. Contractor will prepare a potholing plan for review and approval by the City. All potholing will be performed under the direction of the utility owners and is not included in this scope of work. Pothole locations will be marked with pins to identify depth from existing grade to top of their facilities. This information will be incorporated into the mapping accordingly. Depths of utility lines located by potholing will be designated by a symbol in the plans and provided to the construction consultant. Survey of potholing information will be included in work element 3.10. Work Element 5 Traffic Analysis Report. 5.1 Prepare a traffic analysis for the project and document in a technical memorandum. Evaluate alternatives for safety, sight distance improvement, storage length for traffic queuing and operations impacts at intersections of South 304th Street and South 308th Street. The analysis will consider design requirements to meet adopted performance standards and will meet the City's Guideline for the Preparation of Transportation Impact Analysis. Results of this traffic analysis will be incorporated into the channelization design plan for approval by WSDOT and the City. When approved by the City, this memorandum will become the basis for the preliminary roadway design. 5.2 Analysis of existing traffic conditions. Identify the characteristics such as travel City of Federal Way Page 4 of 27 KPG Pacific Highway South HOV Lanes Phase IV 811412006 speed, street network by functional classification, intersection traffic control, and non - motorized facilities. Perform an analysis of accident data over the most current three calendar years. Locations shall be submitted by the CONSULTANT and the collision data as provided by the City. The report shall include existing traffic volumes data for ADT and PM peak hour. Traffic volume data shall include turning movements and calculations for the passenger car equivalents (trucks, buses, pedestrians and bicycles). City will supply a SYNCHRO model containing the existing volumes, geometry and control at each of the four (4) study area intersections. The volumes provided in the SYNCHRO file will be adjusted to match the existing year 2006 conditions as per the 2006 EMME /2 model provided bye the City. The CONSULTANT shall prepare PM peak hour level of service calculations for four intersections, Pacific Highway South at 18 Avenue South, Pacific Highway South at South 304 Street, Pacific Highway South at South 308 Street and Pacific Highway South at South 310 Street. 5.3 The City will provide the current 2011 EMME /2 traffic model completed for the year 2011 and the CONSULTANT will review and analyze future proposed project year of opening (2011). The City will provide the design horizon year 2030 EMME /2 traffic model and provide analysis for the design horizon year (2030) traffic conditions (data will be available by January 2007). The CONSULTANT shall perform analysis for the preferred roadway configuration for the two signalized intersections within the project boundaries to meet adopted performance standards given at project opening and design horizon traffic volumes. The traffic analysis will consider no -build and build scenarios for each study condition. The CONSULTANT shall provide new signal phase timing and progressions plan for the corridor to back up LOS calculations. The signal plans are required for AM, MD, and PM. 5.4 Compile, prepare and review the Draft and Final Traffic Analysis Report. Assemble and submit 2 copies (including one unbound original) of the Draft and Final Design Reports to the City. The Final Traffic Analysis Report will also be submitted with the WSDOT Channelization Plans for approval, work element 7.10. Work Element 6 Geotechnical Report 6.1 Geotechnical exploration plan. The CONSULTANT will prepare a geotechnical exploration plan that identifies the location and type (boring, test pit) of investigation to be performed at each exploration location along the project. The exploration plan will include 1"=40' plan views showing these locations. A written description for the type of analysis to be performed will be prepared. The CONSULTANT will obtain and review existing information, coordinate and plan access and restoration for test holes, and identify features that affect other geotechnical design work elements. No field investigation will proceed until the geotechnical exploration plan has been approved by the City. 6.2 Field Explorations: The field exploration program will consist of borings to characterize soil and groundwater conditions to support design of retaining walls, stormwater vaults, stormwater conveyance pipelines, and signal pole foundations. City of Federal Way Page 5 of 27 KPG Pacific Highway South HOV Lanes Phase IV 811412006 6.2.1 Borings Complete a series of 10 borings to depths of about 15 to 20 ft below existing road grades to characterize subsurface soil and groundwater conditions for the proposed stormwater conveyance pipeline, detention vaults, retaining walls, and signal pole foundations. A boring will be located at each proposed vault location (2 total), at proposed retaining wall locations (4 total), and 4 additional borings at about 500 to 700 ft spacing along roadway corridor to fill in gaps. The borings will be completed by a reputable drilling contractor under subcontract to The Consultant with a truck - mounted drill rig advancing hollow -stem augers. The Consultant will mark the boring locations in the field and arrange for underground utility location ( "call before you dig ") prior to drilling. 6.2.2 Geotechnical Laboratory Testing Complete a limited geotechnical laboratory testing program consisting of natural moisture content determinations and grain size analyses (course -grain soil) and /or Atterberg limit determinations (fine -grain soil) on selected soil samples from the borings to aid in classifying site soils and determining pertinent engineering properties of the soil. We have budgeted for 30 moisture content determinations and 20 grain size analyses / Atterberg limit determinations. Assumptions ♦ All subcontractors, equipment subcontractors, laboratories, traffic control personnel and other related subcontractor personnel will be selected, hired and paid by the Consultant. ♦ Appropriate traffic control, consisting of flaggers and warning signs, will be provided during the FWD survey, pavement coring, and drilling of borings. We will submit a traffic control plan to the City for approval prior to commencing field explorations. ♦ The City will provide a no -cost street use permit. ♦ We have assumed one day to complete the FWD survey. ♦ For this project, we have budgeted for a total of 200 ft of drilling. ♦ Soil sampling will be in accordance with ASTM D1586 (Standard Penetration Test procedure), ASTM D3550 (Ring -lined Barrel Sampling of Soil), and ASTM 1587 (Thin - Walled Tube Sampling of Soil). ♦ Pavement cores and borings located in streets and /or driveways will be patched with fast - setting concrete. ♦ Piezometers will not be installed in the borings. Groundwater levels at the time of drilling (if encountered) will be recorded. ♦ Field exploration will be performed during the daylight hours. ♦ Soil samples will be disposed of 30 days after the date of the final report. Deliverables ♦ Traffic Control Plan. City of Federal Way Page 6 of 27 KPG Pacific Highway South HO Lanes Phase IV 811412006 6.3 Geotechnical Engineering Analyses The Consultant will develop geotechnical engineering conclusions and recommendations in accordance with WSDOT Standard Specifications for design and construction of the proposed roadway improvements, including: ♦ CIP /Cantilevered Retaining Walls: foundation support requirements, design static and dynamic lateral earth pressures, and wall backfill and drainage recommendations. ♦ MSE Retaining Walls: reinforcing type, length and vertical spacing, foundation support requirements, and wall backfill and drainage recommendations. ♦ Earthwork: temporary and permanent slope configurations, suitability of onsite soil for reuse as structural fill, import fill criteria, fill placement criteria, and pavement subgrade preparation. ♦ Stormwater Facilities: construction dewatering considerations; excavation and retention; lateral earth pressures for design of temporary shoring; pipe foundation support, pipe bedding and initial backfill materials; suitability of excavated soil for use as trench backfill; backfill compaction criteria; foundation support and lateral earth pressure for design of below -grade vaults; vertical loads on pipe and buried structures; uplift resistance; passive soil resistance and ultimate soil /pipe friction for resistance to lateral loads. ♦ Signal pole foundations based on WSDOT standard design procedures. ♦ Pavement: Overlay and new pavement thickness per AASHTO 1993 design procedures. Assumptions ♦ City will provide traffic data (design life, ADT, growth factor) for pavement design. 6.4 Geotechnical Report The results of our field explorations, engineering analyses, and geotechnical engineering conclusions and recommendations, will be summarized in a draft geotechnical report for review by KPG and the City. The draft report will be provided for review by the project team. Upon receipt of review comments, we will address the comments and submit a signed and sealed geotechnical report. Deliverables ♦ An electronic copy (in pdf format) and two bound copies of the Draft Geotechnical Report. ♦ An electronic copy (in pdf format) and two bound and one unbound copies of the Final Geotechnical Report. City of Federal Way Page 7 of 27 KPG Pacific Highway South HO Lanes Phase IV 811412006 Work Element 7 Design Report Prepare a design report. The report will include the 30% plans and cost opinions for the project. 7.1 Compile and review data and records from the City, other agencies, and utilities. Document the design criteria that will be used to develop and evaluate alternatives. Design criteria will be per the WSDOT Project Design Guidelines format. Prepare photo log of existing conditions along corridor. 7.2 Evaluate property access alternatives considering driveway consolidation /shared access, driveway relocations, and parking impacts /remedies as appropriate to achieve the City's access goals. This may include alternatives for median openings and U- turns. Address concerns raised during community open house meetings and one on one property owner meetings included in work element 5. The CONSULTANT will prepare a plan and profile for each existing access along the project. Where existing access cannot be maintained, the CONSULTANT will prepare up to two alternatives with plan and profile sketches showing the new access. Summarize findings in a brief memorandum with plan sketches for review by the City. 7.3 Access Alternatives review comments will be incorporated into the conceptual alternative. 7.4 Develop cross sections alternatives analysis (plan and typical section) and comparative level opinion of cost. It is anticipated that two (2) cross section alternatives will be evaluated. Evaluate relative impacts to: • Stormwater facilities quality & quantity analysis. • ROW Estimate • Walls, including impacts analysis of overhead /underground utilities. 7.5 Evaluate left -turn and U -Turn impacts at 18th Avenue South and South 304th Street, South 308th Street and South 310th Street. Two alternatives will be developed in plan view for each location. Queuing lengths and other traffic findings developed in work element 5 will be incorporated into the alternative layouts. 7.6 Prepare one landscape /urban design concept to accompany the preferred alternative. It is assumed that the urban design concept will be similar to previous phases along the corridor and that no gateway features or other distinct nodes will be included. 7.7 Document the existing storm water facilities within the limits of the project and document applicable stormwater regulations, standards, hydrology and hydraulic design criteria. Identify any SWM projects proposed in the next ten years based on review of the City comprehensive plan and /or discussions with City staff. Document approach to detention and treatment in a brief memorandum for City review and approval. 7.8 Prepare a type size and location analysis for stormwater treatment and detention City of Federal Way Page 8 of 27 KPG Pacific Highway South HOV Lanes Phase IV 811412006 facilities. It is assumed that two (2) detention facilities and two (2) water quality facilities will be required along the corridor. Present findings in a brief technical memorandum for City review and approval. 7.9 Prepare a draft Technical Information Report (TIR) describing the technical information and analysis of the stormwater facilities. The draft TIR will be in accordance with City requirements, including a level 1 downstream analysis at two locations, hydrologic calculations, detention and water quality facility design, pipe sizing calculations, and plan view layout as shown on the 30% plans. The TIR will be finalized concurrent with final design under work element 14. 7.10 Prepare and submit WSDOT channelization plans. The plans will meet WSDOT channelization plan requirements, including required supporting documentation, deviation requests, and design vehicle turning movement analysis. It is anticipated that channelization approval will require two (2) meetings with WSDOT staff and two (2) submittals of the Channelization Plans. 7.11 Prepare and submit WSDOT project analysis in accordance with WSDOT requirements. It is anticipated that approval will require one (1) meeting with WSDOT staff and two (2) submittals of the analysis. 7.12 Prepare preliminary construction staging concepts for the preferred alternative. Traffic control requirements and construction sequencing criteria will be described in the design report. No plans will be prepared until final design. 7.13 Coordinate with Puget Sound Energy, Qwest and Comcast Cable to develop a preliminary undergrounding of overhead utilities plan. Each utility company will provide a schematic design of their proposed undergrounding facilities, including vaults, number and size of conduits, temporary pole relocations, and terminal pole locations. The Consultant shall incorporate the utility provided information into a preliminary aerial conversion plan compatible with proposed corridor improvements. The CONSULTANT will prepare a summary table of existing connection type by parcel and provide the City with a summary of properties that need to be covered to underground service. 7.14 Analyze pavement design requirements for new pavement sections and overlay sections using 1993 AASHTO Design Methodology. Complete a truck classification study to provide the type and percentage of trucks traveling the corridor. The truck classification study will collect data in each of 4 existing lanes at 3 locations along the corridor. Existing and projected traffic counts will be provided by the City. 7.15 Analyze illumination to provide levels consistent with the current City illumination standards. Prepare a preliminary layout of the street illumination system and include supporting calculations as an appendix to the design report. 7.16 Develop retaining wall cross section alternatives (plan and typical section) and comparative level of opinion of cost. It is anticipated that walls will be either cast in place concrete, soldier pile, or MSE. In determining the type of wall to use, the City of Federal Way Page 9 of 27 KPG Pacific Highway South HO Lanes Phase IV 811412006 CONSULTANT will analyze cost and constructability of each wall system. Detailed design of the wall will be performed under Work Element 14. 7.17 Estimate preliminary quantities and prepare preliminary opinions of probable cost for construction. 7.18 Prepare an analysis of preliminary right -of -way requirements based on existing property lines, estimated required takes, easements and changes to current access. The City will provide the required width of right -of -way for this segment of Pacific Highway South. 7.19 Compile and prepare the Draft and Final Design Report. 5 bound copies and 1 unbound original will be submitted for the draft and final reports. 7.20 Assist the City with the value engineering study. The CONSULTANT will present the proposed design to the VE team, be available for questions and follow up information throughout the week, and to attend the presentations of findings. The City will summarize the results of the VE Team's deliberations and provide them to the CONSULTANT for a formal response. The formal response will be limited to a response letter. Coordination of the VE team, meeting locations, and schedules will be by the City. Work Element 8 Environmental. 8.1 Environmental Classification Summary/Documented Categorical Exclusion. The Contractor will prepare a Local Agency Environmental Classification Summary (ECS) with supporting documentation as required by WSDOT for projects that receive federal funding through WSDOT (Environmental Procedures Manual, Section 310.07). The ECS will include the recommended NEPA determination (assumed to be a Class II, Documented Categorical Exclusion). We will document this assumption following the WSDOT Local Agency Guidance (LAG) manual. The ECS will also include an effect determination for species listed under the Endangered Species Act (ESA) and Essential Fish Habitat (EFH) evaluation, a determination of project impacts on cultural resources, an evaluation of the project air quality and potential noise impacts, documentation of a wetland reconnaissance, and potentially a Section 4(f) analysis (see the following scope items). The ECS will also require a discussion of stormwater treatment and detention, which will be based on information provided under Work Element 7. Assumptions ♦ The Federal Way Pacific Highway South Phase IV project will be determined to be a Class II Documented Categorical Conclusion and neither a NEPA Environmental Impact Statement nor an Environmental Assessment will be required. Deliverables ♦ An electronic and paper copy of the draft ECS in Adobe PDF. ♦ An electronic and six (6) paper copies of the final ECS in Adobe PDF. City of Federal Way Page 10 of 27 KPG Pacific Highway South HO Lanes Phase IV 811412006 8.2 Biological Evaluation (BA) and Essential Fish Habitat Evaluation (EFH). The Contractor will prepare a brief effect. determination letter on species listed as threatened under the ESA (assumed to be a "no effect" letter) and an EFH evaluation. We will obtain updated species lists from the agencies web sites and also request site specific habitat information from the Washington State Department of Fish and Wildlife priority habitats and species database. Evaluation of specific project details such as construction techniques and equipment used, timing of construction, temporary sediment and erosion control measures, and best management practices will be based on information developed under Work Element 7. Information on the amount of new impervious surfaces, stormwater detention, and stormwater quality treatment will be based on information provided under Work Element 7. We will prepare a draft effect determination for review and comment by the City and then a final document. Assumptions: ♦ We will only include a discussion of Puget Sound Chinook salmon, Coastal - Puget Sound bull trout, designated critical habitat for these two species, Puget Sound steelhead, and bald eagle in this evaluation. ♦ The project will have no effect on listed species or their designated critical habitat and a detailed Biological Assessment will not be required. Deliverables: • An electronic and paper copy of the draft effects determination letter in Adobe PDF. • An electronic and six (6) paper copies of the final effects determination letter in Adobe PDF. 8.3 Cultural Resource Investigation. The Contractor will conduct the required National Historic Preservation Act Section 106 Cultural Resources Survey. Work would consist of the following tasks necessary to comply with Section 106: • Conduct a background search to identify known cultural resources within the project area of potential effect (APE) defined by the City of Federal Way and assess the potential for the APE to contain cultural resources • Conduct a pedestrian field reconnaissance to complete the assessment of the potential for the APE to contain cultural resources • Conduct subsurface probes in areas proposed for construction, which are not currently paved. • Prepare a technical report of findings with recommendations for additional field work and /or archaeological monitoring during construction. It is not feasible to conduct any subsurface surveys at this point in those portions of the APE that are currently paved; however, if the Contractor conducts geotechnical borings, our archaeologist will examine the cores brought back from the field for cultural materials. Based on the work outlined above, we should be able to define specific areas for shovel probes and /or construction monitoring during construction. City of Federal Way Page 11 of 27 KPG Pacific Highway South HOvLanes Phase IV 811412006 Assumptions: • We will not need to assist the City of Federal Way with APE definition. • We will evaluate and prepare Historic Inventory Forms for no more than 10 historic properties within the APE. • We will conduct transects for archaeological investigations at a 20 meter interval in areas proposed for new construction that are not currently paved (although specific sizes and locations are currently unknown, for budgeting purposes, we assume 2 locations, with 2probes at each location). • No human burials or archaeological sites will be encountered and we will not need to participate in any Section 106 consultation meetings. Deliverables: • An electronic and paper copy of the draft Cultural Resources report in Adobe PDF. • An electronic and six (6) paper copies of the final Cultural Resources report in Adobe PDF. 8.4 Air Quality Analysis. In Washington, all nonexempt transportation projects regardless of the funding base, must evaluate air quality resulting from proposed project activities such as adding new signals or altering intersection configurations. The Contractor will perform an air quality analysis and produce a technical report for the proposed roadway improvements associated with the Federal Way Pacific Highway South Phase IV project. The technical report will be consistent with the guidelines contained in Section 425 of the WSDOT Environmental Procedures Manual and in accordance with requirements of federal and state conformity regulations and the procedures in EPA's Guidelines for Modeling Carbon Monoxide from Roadway Intersections (1992). The Contractor will identify National Ambient Air Quality Standards (NAAQS) and other applicable state and local air quality regulations. We will coordinate with the Environmental Protection Agency (EPA), Department of Ecology (Ecology), and the Puget Sound Clean Air Agency (PSCAA) to obtain the most recent air quality information. This task includes the subtasks outlined below: ♦ Existing Conditions Assessment: The Contractor will identify whether the project area is located in an attainment, non - attainment, or maintenance area for criteria pollutants. We will present data collected by state and local agencies at continuous monitoring stations near the project area, and we will include a general discussion of health and welfare effects of air pollutants associated with transportation related projects. ♦ Emissions Modeling: We will use EPA's Mobile Source Emission Factor Model, MOBILE6.2 software to develop vehicle emission factors based on inputs specific to King County and the City of Federal Way. ♦ Dispersion Modeling: We will use EPA's CAL3QHC Version 2.0 software to predict CO concentrations from vehicles during the existing year (2006), year of opening, and 2030 design year (horizon year). City of Federal Way Page 12 of 27 KPG Pacific Highway South HOV Lanes Phase IV 811412006 ♦ Impact Analysis: We will locate receptors in areas susceptible to air quality impacts. Predicted future CO concentrations will be presented in a table for comparison with standards. ♦ Construction Impacts: The analysis will qualitatively evaluate the short-term impacts of emissions from construction activities. Concentrations of air pollutants from construction activities will not be predicted with computer models. We will identify standard mitigation measures and best management practices for control of particulate and fugitive dust during construction. ♦ Technical Report: The Contractor will prepare a technical report outlining methods, historic air quality data, MOBILE6.2 and CAL3QHC results, methods, assumptions and analysis of impacts. We will prepare a conformity statement on each of the alternatives for inclusion in the technical document. Assumptions: • We will analyze a maximum of three (3) intersections from one (1) alternative that have the worst level of service resulting from the proposed project for CO concentrations. An approximate % -mile radius will be used for this selection process. Deliverables: • An electronic and paper copy of the draft Air Quality technical report in Adobe PDF. • An electronic and six (6) paper copies of the final Air Quality technical report in Adobe PDF. • Specific engineering and traffic related data developed under Work Elements 5 and 7 that are required to start this task will be provided to the City of Federal Way under separate cover. 8.5 Noise Analysis The Federal Highway Administration is the agency responsible for administering the federal -aid highway program. Before those funds can be used for projects, the projects must be approved by FHWA, which can only grant its approval for projects that are developed in accordance with federal statutes and regulations. One of these regulations requires that a noise study be accomplished to determine what noise impacts, if any, will result from the proposed improvement and what measures will be taken to lessen those noise impacts. The Contractor will conduct a noise analysis that meets the FHWA noise evaluation criteria. This effort will require the following activities: ♦ Site Visit: Noise measurements for the Federal Way Pacific Highway South Phase IV project will be collected. along all existing or proposed roadway segments that may be affected by the proposed project where frequent human use is likely to occur. City of Federal Way Page 13 of 27 KPG Pacific Highway South HO Lanes Phase IV 811412006 ♦ Existing Conditions Review: We will review the traffic report developed under Work Element 5 and summarize that information in the noise technical report. ♦ Noise Assessment: Noise conditions within the existing project area will be used to estimate the future worst hourly noise levels with and without the project. Noise modeling will be conducted using Traffic Noise Modeling 2.5 software to predict these future noise levels. Noise levels will be evaluated based on known noise level increases with the percent of traffic increase on surrounding streets. These estimated noise levels will be compared with the FHWA noise abatement criteria. ♦ Noise Report: A technical report summarizing the existing conditions, future conditions, operational and construction impacts, and construction mitigation options will be prepared for review and approval by FHWA. Assumptions • Because of the lack of sensitive receivers in the project area, we will conduct noise modeling for no more than 12 receptor locations. • The traffic report will contain traffic data for existing conditions, future no -build conditions, and future build conditions. • We will attend two meetings with the City and /or WSDOT personnel to gather background information and determine WSDOT requirements for the above studies. Deliverables • An electronic and paper copy of the draft Noise technical report in Adobe PDF. • An electronic and six (6) paper copies of the final Noise technical report in Adobe PDF. • Specific engineering and traffic related data developed under Work Elements 5 and 7 that are required to start this task will be provided to the City of Federal Way under separate cover. 8.6 Wetland Reconnaissance The Contractor will conduct a wetland reconnaissance of the undeveloped portion of the northern project area near Redondo Creek. This reconnaissance will be conducted to verify that any proposed widening or construction work in that portion of the project will not impact any wetlands or their buffers. Assumptions: • Redondo Creek culvert replacement is part of the Pacific Highway Phase III project and will not be evaluated as part of this project. • Wetland and wetland buffer delineation will not be required. Deliverables • No deliverable; the results of the wetland reconnaissance will be documented as part of the ECS (Work Element 8.1) City of Federal Way Page 14 of 27 KPG Pacific Highway South HO Lanes Phase IV 811412006 8.7 Section 4(f) Evaluation The Contractor will investigate potential effects of the project on Section 4(f) protected resources which include, but are not limited to, historic properties and park and recreation facilities. The contractor will examine project footprint plans; review the results of the cultural resources, air quality, and noise reports; and conduct a site visit. Specifically, effects on any identified historically significant resources and on recreation facilities associated with Federal Way High School will be examined. Assumptions • No effects on Section 4(f) protected resources will be identified and a detailed evaluation of prudent and feasible project alternatives will not be required. Deliverables • No deliverable; the results of the Section 4(f) investigation will be documented as part of the ECS (Work Element 8.1) • 8.8SEPA ChecklistSEPA documentation support is not included in this scope of work. 8.9 Environmental Permits The Contractor will prepare a Joint Aquatic Resource Application (JARPA) that will be submitted to the Washington State Department of Fish and Wildlife (WDFW) for the purpose of receiving a Hydraulic Project Approval (HPA) permit for construction activities in Redondo Creek. The JARPA will include general plans for the project and complete plans and specifications for the proposed construction or work within the ordinary high water line of Redondo Creek. This information will be developed under Work Elements 7 and 14. The Contractor will prepare a Notice of Intent letter for submittal to the Washington Department of Ecology for a National Pollutant Discharge Elimination System ( NPDES) Construction Stormwater General Permit. The Stormwater Pollution Prevention Plan (SWPPP) to support the NPDES permit will be prepared under Work Elements 7 and 14. The application will include certification that public notice and SEPA requirements have been met. Assumptions: • The City will submit all permit application materials to the resource agencies and will pay all permit fees. • The City will prepare and publish all required public notices for the permits. • No other environmental permits besides the HPA and NPDES will be required for this project. Deliverables: • An electronic copy of the draft application materials in Adobe PDF. • An electronic and six paper copies of the final application materials. City of Federal Way Page 15 of 27 KPG Pacific Highway South HO Lanes Phase IV 811412006 Work Element 9 Property Transfer Site Assessments 9.1 Corridor -Wide Alignment Screening The Consultant will conduct a corridor -wide alignment screening to evaluate the presence or likely presence of potential hazardous substances that could have an effect on right -of -way acquisition and /or roadway work. The corridor -wide alignment screening will be completed in general accordance with American Society for Testing and Materials (ASTM) E1528 -00 Standard Practice for Environmental Site Assessment: Transaction Screen Process, modified as appropriate for this project. It is important to understand that the corridor -wide alignment screening is not a means of finding "everything there is to know about a property." Rather, it is an attempt to determine potential environmental liabilities of properties along the roadway corridor based on reasonably available documentation (both oral and written). Our scope of services will include: ♦ Review the results of a federal, state and local environmental database search provided by an outside environmental data service for listing of information on confirmed and suspected contaminated sites or nearby structures specified by ASTM. Subject to the availability, the CONSULTANT will review the following environmental records and related information: Federal National Priority (NPL) Site List, Federal CERCLIS List, Federal RCRA CORRACTS TSD Facilities List, Federal RCRA non - CORRACTS TSD Facilities List, Federal RCRA Generators List, Federal ERNS List, Washington States' Lists of Hazardous Waste Sites Identified for Investigation or Remediation (State Confirmed and Suspected Contaminated Sites List (CSCL), Washington States' Landfill or Solid Waste Sites Lists, Washington States' Leaking UST Lists, and Washington States' Registered UST Lists The evaluation will focus on sites that are within' /4 mile from the alignment. Local geology and hydrogeology will be considered. The database search will also be evaluated to identify Department of Ecology (Ecology) files that may need to be reviewed during the Alignment Screening. ♦ Review Historical Code city directories for the alignment. These historical directories will be researched on 5 -year intervals from the present back to initial development along the alignment or to the earliest -dated Cole directory available. Review historical aerial photographs from the WSDOT for the City of Federal Way Page 16 of 27 KPG Pacific Highway South HOV Lanes Phase IV 811412006 alignment to identify past development history on parcels relative to the possible use, generation, release or disposal, of hazardous substances. These photographs will be reviewed on 10 -year intervals from the present back to 1940 or the earliest available photographs from WSDOT. Sanborn fire insurance maps were not available for the alignments of the previous Pacific Highway South projects, it is expected that they will not be available for this alignment. ♦ Conduct a visual reconnaissance from public access areas and from the public right -of -way of the parcels and adjacent parcels along the roadway corridor. A project standard field observations checklist for the alignment screening will be used to record information regarding each site. Sites within two blocks of the alignment will be inspected and recorded and features of environmental concern on each site will be mapped on current versions of ROW drawings, if available. ♦ The information gathered from the above sub - elements will be reviewed, evaluated and compared to the most current design and ROW drawings. A technical memorandum report will be prepared with will include the following: Maps of potentially contaminated and hazardous material /waste sites, Summary of the information collected in the alignment screening, Identification of potential impacts to the alignment, design and /or construction and an assessment and evaluation of risk and exposure of the contaminated sites or potentially highly contaminated areas, and Recommendations described as an environmental management plan which will include methods to address the high risk and /or liability sites in design, ROW acquisition and construction, Recommendations for how to resolve investigation and cleanup issues, associated with these sites, with the. Ecology. Assumptions ♦ City will provide basic information on each property along the roadway corridor (owner name, address, and tax parcel number). ♦ ASTM considerations (e.g., identification, sampling and analysis for radon, lead in drinking water, lead -based paint, polychlorinated biphenals (PCB) in light ballast, asbestos - containing building materials or urea formaldehyde in onsite structures, and /or wetlands, regulatory compliance, indoor air quality including the potential presence of mold, industrial hygiene, and health and safety) are not included in this scope of work. ♦ Soil, surface water, or groundwater sampling and chemical analyses are not included in this scope of work. Deliverables ♦ An electronic copy (in pdf format) and two bound copies of the draft corridor - wide screening report. City of Federal Way Page 17 of 27 KPG Pacific Highway South HO Lanes Phase IV 811412006 ♦ An electronic copy (in pdf format) and one bound and one unbound copy of the final corridor -wide screening report. 9.2 Phase I Environmental Site Assessment The Consultant will conduct a Phase I ESA on up to four (4) parcels as requested by the City. The results of the corridor -wide alignment screening will be used to identify parcels for follow up investigation. The Phase I ESAs will be performed in general accordance with the ASTM Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process, E 1527 -00 (as currently applied in the State of Washington). This standard, while subject to changes as are all ASTM standards, is recognized as generally meeting the due diligence provisions of the federal statute [CERCLA 42 U.S.C. 9601(35) (B)J and the Washington State Model Toxics Control Act (MTCA) (RCW 70.105D.040). A report, summarizing the results of the Phase I ESA for each parcel, will be submitted under separate cover. Assumptions ♦ ASTM considerations (e.g., identification, sampling and analysis for radon, lead in drinking water, lead -based paint, polychlorinated biphenals (PCB) in light ballast, asbestos - containing building materials or urea formaldehyde in onsite structures, and /or wetlands, regulatory compliance, indoor air quality including the potential presence of mold, industrial hygiene, and health and safety) are not included in this scope of work. ♦ Soil, surface water, or groundwater sampling and chemical analyses are not included in this scope of work. Deliverables ♦ An electronic copy (in pdf format) and two bound copies of the draft Phase I ESA report for each parcel. ♦ An electronic copy (in pdf format) and one bound and one unbound copy of the final Phase I ESA report for each parcel. 9.3 Phase II Environmental Site Assessment A Phase II ESA will be completed for up to two (2) parcels based on the findings of the corridor -wide alignment screening and /or Phase I ESA recommendations. A typical Phase II ESA investigation of a property with the potential of contamination would consist of a series of explorations (either geoprobes, borings, or test pit excavations) to characterize soil and groundwater conditions and obtain soil and groundwater samples for analytical testing, evaluating the results of the analytical testing in light of WAC regulations governing pollutants in soil and groundwater, and preparing a report summarizing our finding and recommendations. If properties of concern are identified, we will develop a detailed scope and budget for the Phase II ESA and submit it for the City's approval. For budgeting purposes, we suggest establishing a budget of $10,000 per Phase II ESA. Deliverables ♦ An electronic copy (in pdf format) and two bound copies of the draft Phase II ESA report for each parcel. City of Federal Way Page 18 of 27 KPG Pacific Highway South HO Lanes Phase IV 811412006 ♦ An electronic copy (in pdf format) and one bound and one unbound copy of the final Phase II ESA report for each parcel. Work Element 10 Community and Agency Coordination. 10.1 Provide meeting minutes and action items from City arranged project meetings with cooperating and permitting agencies. (Assume 6 meetings) 10.2 Arrange and coordinate up to 2 project meetings with the utility companies. Provide meeting minutes and action items. 10.3 Attend two Community -wide Open House, one open house for apartment complexes, one meeting with the LUTC Committee and one meeting with the City Council. 10.4 Prepare an open house flyer, 1 roll -plot, cross - section exhibits, landscaping exhibits, a project schedule exhibits and other design exhibits as required for each open house. Attend up to 5 meetings with groups of abutting property owners and /or tenants. Work Element 11 Right of Way Calculations Perform the following work items necessary to establish the Pacific Highway South right -of- way (ROW) corridor for this project. 11.1 Research Records. Determine which existing corners and monuments should be field located and surveyed. 11.2 Determine and order title reports. Cost for the title reports will be billed directly to the City. 11.3 Calculations for ROW centerline alignment and ROW lines. Using the research information and the survey work described above, calculate location and surveyed corners, roadway features and monuments. The CONSULTANT will determine the centerline alignment for Pacific Highway South within the project limits as defined in this scope. The ROW centerline will be defined geometrically using Washington state plane coordinates and stationing will be assigned to the alignment. 11.4 Prepare and submit Right -of -way plans to WSDOT with the True Cost. 11.5 Prepare a true cost estimate based on the right -of -way unit, appraisal and negotiation costs for Phase III project. 11.6 Prepare legal descriptions and exhibit maps for up to forty (40) parcels requiring fee simple take. 11.7 Prepare legal descriptions and exhibit maps for up to twenty (20) parcels requiring permanent easements. 11.8 Calculate the right -of -way required and prepare exhibit maps for up to forty -five (45) rights -of -entry. 11.9 Field locate proposed and existing right of way lines on 40 parcels. City of Federal Way Page 19 of 27 KPG Pacific Highway South HO Lanes Phase IV 811412006 Work Element 12 Right of Way Appraisals 12.1 Provide 40 full narrative appraisals and appraisal reviews. The City will review appraisals and set just compensation for all parcels from which offers to property owners will be made. 12.2 Prepare conceptual parking studies for up to 15 parcels for use by appraiser and property negotiations. This work will include: Review of aerial to determine the location and layout of existing parking stall; Site visit to measure and count stalls to determine existing layout; Layout existing parking and prepare conceptual parking and circulation layout revision. Layout will be in plan view showing revised access and parking limits and striping as appropriate. It is assumed that an average of 2 (11x17) drawings will be required for the 15 parcels. The basis of the layout will be the City's parking and landscaping ordinances and standards that the City will provide. This layout will not be used for construction. The design of private improvements is not included in this contract. Work Element 13 Right -of -way Negotiation. 13.1 Review title reports, maps, legal descriptions, appraisals, review appraisals and other information provided. Errors, questions and clarification will be reviewed and discussed with the City. 13.2 Assemble parcel files. Parcels files will include: Negotiator's Disclaimer, detail written diaries for each parcel, fair offer letters, documents, and other items necessary for negotiations, and signature ready legal documents for each parcel. Upon completion of negotiations or as directed by the City, the complete file will be submitted to the City. 13.3 Secure ownership information for those parcels requiring temporary access rights. 13.4 Provide acquisition and negotiation services for up to 40 parcels, fee simple takes and permanent easements. Make at least three (3) personal contacts with each owner with the intent of reaching settlement for the conveyance of property or property rights needed for each parcel. As many contacts as needed to reach settlement will be made, until it is mutually agreed between the City and the CONSULTANT that negotiations be suspended or given to the City Attorney to pursue eminent domain actions. Preparation of all documents necessary for monetary lien and encumbrance removal and obtain signatures from parties in interest on each parcel. Coordination with the title company to obtain titles vested in the City clear of all encumbrances. Prepare negotiations and title clearing for the City to process payment of the parcel. More than one voucher will be necessary for most parcels to pay encumbrances as well as owners. Provide certification services including: providing WSDOT certification review advisory and coordination services as requested by the City. All parcels will be delivered in a certification ready format. City of Federal Way Page 20 of 27 KPG Pacific Highway South HO Lanes Phase IV 811412006 13.5 Negotiate with each owner to acquire up to forty (40) right -of -entry easements. It is assumed that right -of -entry easements will be acquired in conjunction with the fee simple negotiations. 13.6 Submit completed file to City for payments to owners and filing with the County. 13.7 Negotiate with each owner to acquire up to five (5) right -of- entries without fee simple takes.. 13.8 Based on City request, Provide relocation services for up to 2 parcels. Prepare a relocation plan and act in accordance with the plan. Contact all owners and tenants that re displaced and inform them of their relocation rights and benefits. Prepare and deliver all relocation notices. At a minimum, notices include "General Notice of Relocation Rights ", "90 -day Notice" and "Maximum Entitlement Notice ". Meet with displacee to discuss relocation issues, concerns and schedules. Determine each displacee's maximum relocation entitlement. The City will review and approve the relocation entitlement prior to the displacee being informed of the amount. Prepare moving cost estimates and other forms appropriate for the parcel. Provide relocation advisory assistance as needed and directed by the City. Monitor each move and notify the City in writing when the property has been vacated. Provide detailed written diaries for each relocation parcel. Prepare and transmit an organized parcel file for each relocation containing all pertinent information, documents, forms and diaries. Coordinate with the City for payment and delivery of checks as required. 13.9 Provide overall coordination for right -of -way activities. Maintain records, files, documents and reports in accordance with statutory, City guidelines and regulations. Provide written status reports on at least a weekly basis and provide verbal status reports on demand, as requested. Attend monthly project status meetings as requested. 13.10 Prepare up to two (2) sketches per parcel of design modifications for forty (40) parcels as requested by the City. Work Element 14 Final Design The Consultant shall Final Plans, Specifications and Estimates for review and approval by the City. Plans shall be formatted to provide sufficient detail for convenient field layout of all proposed facilities. City standard details and WSDOT standard plans will be supplemented with project specific details as required. Final bid documents will be signed by a licensed professional engineer in the State of Washington. 14.1 Assemble a title and index sheet that would include a vicinity map. 14.2 Assemble a sheet for symbol and abbreviation legends, general notes 14.3 Prepare construction staging plans that illustrate a method by which the construction consultant could perform the required work while minimizing, to the extent possible, the impacts on traffic and access to adjacent property. City of Federal Way Page 21 of 27 KPG Pacific Highway South HO Lanes Phase IV 811412006 14.4 Prepare roadway typical sections. 14.5 Prepare paving detail sheets. 14.6 Prepare a schematic map showing survey control monuments location and their coordinate values. 14.7 Prepare site preparation and erosion control plans. These plans will include all demolition and erosion control, and will provide grading limits. 14.8 Prepare alignment, paving, and grading plans. These plans will include horizontal alignment information and plan views of pavement planing, grading and paving limits, as well as limits of cut/fill required and retaining walls. 14.9 Prepare roadway profiles for Pacific Highway South, 18 Avenue South, South 304 Street, South 305 Street, South 308 Street and South 310 Street These plans will include roadway profiles required with in the project limits. Roadway centerline and curb flow line elevations (left and right) will be shown at 25 ft intervals. 14.10 Prepare private driveway plan and profile drawings, including any required parking revisions. 14.11 Prepare channelization and signing plans. These plans will delineate the locations of all pavement markings including lane lines, crosswalks, turn arrows, HOV lane, stop bars and curb face painting. These plans will also show the locations and sizes of all signs. 14.12 Prepare drainage detail sheets, depicting special or non - standard drainage features. For budgeting purposes, it is assumed that detention and treatment facilities will consist of underground vaults. KCRTS software will be used for hydrology and facility sizing. Precast vault elements are assumed with no structural design needed and treatment facilities will be manufactured stormwater treatment devise. 14.13 Prepare drainage plans and profiles. These plans will include information and plan views of storm drainage system including type, size and location of pipes, catch basins, and oil control devises, stormwater detention and treatment facilities. 14.14 Prepare final TIR addressing draft TIR comments from the City at the 85% completion submittal. Include drainage profiles, detention and treatment design. Prepare storm drain analyses (both uniform flow and backwater) for the proposed storm drains. Preparation of a Stormwater Pollution Prevention Plan (SWPPP) is not included in this scope of work. 14.15 Prepare traffic signal plans per City Standard Plans and WSDOT Standard Plans for the following: • New traffic signal at Pacific Hwy So and South 304th Street • New traffic signal at Pacific Hwy So and South 308th Street • Traffic signal interconnect including Transit Signal Priority systems along City of Federal Way Page 22 of 27 KPG Pacific Highway South HO Lanes Phase IV 811412006 Pacific Highway South Phase IV For each new traffic signal prepare a traffic signal plan, traffic signal wiring diagram, phasing and timing plan. Prepare traffic signal details including signal pole details and pole foundation details, OPTICOM location (to be approved by the City of Federal Way Fire Department), and detection camera locations. 14.16 Prepare landscaping and irrigation plans showing elements affecting planting and irrigation such as luminaries, driveway cuts, utilities, etc. The plans will include the type and location of all planting materials, as well as the layouts for any project required irrigation within the public right -of -way. Landscape improvements will utilize similar layout and design as the Phase I and Phase III projects. Prepare landscaping and irrigation detail sheets that include details for items such as connections for the irrigation lines to water sources and planting details. The CONSULTANT will verify the existing water pressure available for the irrigation system with Lakehaven Utility District and field measurements of the available water pressure. Water pressure will be measured at three locations along the project using a standard residential water pressure gauge. 14.17 Prepare roadway illumination system plans. Plans will include layouts of lighting system equipment, and conduit and conductor schedules. Electrical plans will include electrical service conversion design for fifteen (15) parcels. A joint trench will be shown on the plans indicating, in general, a location for the joint utility trench which will be available for use by the utility companies. The plans will show the layout of a spare City communication conduit including vaults for the length of the project. Illumination design shall be per the current City of Federal Way Street Lighting Standards. Photometric and line loss calculations shall be submitted to support the City of Federal Way design standards. 14.18 Prepare joint utility trench details showing number of conduits, conduit locations within the trench, and bedding and backfill requirements. The number of conduits required will be determined by the utility owners. 14.19 Coordinate with Puget Sound Energy, Qwest and Comcast Broadband and Internet Services to coordinate their design of utility undergrounding. Prepare and assemble standard plans provided by each utility for inclusion in the contract documents. The CONSULTANT will provide base map sheets to each utility company for use in their individual design. The CONSULTANT will compile plans for undergrounding of overhead utilities and include these plans in the set of contract documents. The CONSULTANT will be responsible for showing the trench locations on the plans and incorporating specifications and opinions of cost to include the payment of the utility trench excavation and backfill, conduit and vault installation in this contract. The CONSULTANT will coordinate with each utility company to confirm that their design is consistent and compatible with the roadway design. The CONSULTANT will review utility company standard plans and details for conflicts with other standard plans and details and provide written notification of conflicts to the utility companies. This will be accomplished at up to five (5) meetings with all utility companies and correspondence with each utility company and the City. The CONSULTANT will not be responsible for coordinating service connection details with individual property owners, except as noted in work item 14.17; however, the CONSULTANT will City of Federal Way Page 23 of 27 KPG Pacific Highway South HOV Lanes Phase IV 811412006 summarize the type and number of conversions required for the undergrounding. 14.20 Prepare retaining wall plans. Plans views of retaining walls will be shown on the paving and grading plans prepared in work item 14.8. The horizontal limits of the retaining walls will be shown by station and offsets. 14.21 Prepare retaining wall profiles. Wall profiles will be prepared showing the top of wall, top of wall barrier, top of footing, existing ground line and final ground line. In the case of soldier pile walls, the location of each soldier pile will be shown. Existing and proposed storm drain or utility crossings will be shown in the profile. Top of wall elevations will be provided at 25 -foot stations along the wall profile. 14.22 Prepare retaining wall details. Structural design details for each wall will be prepared and shown on these plans. These details will include a typical cross section of the wall, all barrier design details, foundation details, fencing /handrail details, luminaries mounting details, wall penetration details and sloping /shoring requirements. This task includes preparing structural design calculations, and global and internal stability calculations related to the design of the retaining wall. 14.23 Perform 85% and 100% Design quantity take -offs and opinion of costs. 14.24 Prepare contract specifications for the 85% and 100% submittals based on WSDOT /APWA standards (English), and applicable LAG standards. Work Element 15 Lakehaven Utility District -Water Main Assessment 15.1 The CONSULTANT will identify and field locate twenty -four (24) valve locations. The CONSULTANT will measure down to the top of the operating nut on the twenty -four (24) valves. Each valve measured will be clearly identified with a unique identifier (i.e. WV -1) painted on the pavement surface adjacent to the valve measured. The CONSULTANT will prepare a list of the valve measurements including valve identifier and depth to operating nut, and distance to top of pipe from operating nut. LUD will provide record drawings of the water main, including approximate valve locations, valve size, valve type and distances from the top of the operating nut to top of pipe 15.2 The CONSULTANT will field survey each valve location using the paint marks set in 15.1 to establish the horizontal and vertical location of the valves. Valve locations will be surveyed at the top of the lid of the valve box. It is assumed that twenty -four (24) valves will be field surveyed. The CONSULTANT will use the same horizontal and vertical datum as the Pacific Highway South HOV Lanes Phase IV project. 15.3 Base on the valve measure -down information provided 15.1 and 15.2, the CONSULTANT will prepare plan and profile sheets for mains running parallel to the centerline of Pacific Highway South. Plans and profile sheets will show each valve location including station, offset, elevation at existing ground and depth to top of pipe. A dashed line indicating the assumed water main profile will be drawn between each valve location. Because of the possibility that the actual water line profile City of Federal Way Page 24 of 27 KPG Pacific Highway South HO Lanes Phase IV 811412006 varies along its length, no guarantee is made as to the accuracy of the drawn water main profile between valve locations. The majority of the profiling of the water mains will be based on measure down information and construction assumptions provided by LUD. Therefore, the accuracy of the profiles will be dependent on the accuracy of the information provided by LUD. In general, the profiling will be subject to inaccuracies in measuring by LUD, assumptions of valve types and measurements, potential presence of valve extensions (unknown), and errors in calculating the invert of the water mains based on this cumulative data. The CONSULTANT will superimpose the proposed finished ground line and proposed storm drain crossings from the Pacific Highway South HOV Lanes Phase IV project onto the profiles. The proposed channelization for Pacific Highway South HOV Lanes Phase IV project will be superimposed over the existing planimetrics.. 15.4 The CONSULTANT will review the valve information, plan and profile drawings, the Pacific Highway South HOV Lanes Phase IV preliminary design drawings and utility as -built information to assess the need to relocate the existing water main. The assessment will be limited to the following: , Based on the finish grade elevations established by the Pacific Highway HOV Lanes Phase IV project, the CONSULTANT will review the future depth of cover over the water mains and identify areas of insufficient cover. The minimum cover required will be as determined by LUD after review of the CONSULTANT assessment of insufficient cover. Base on the proposed storm drain plans developed for the Pacific Highway South HOV Lanes Phase 1V project, the CONSULTANT will identify apparent conflict locations. Cost to resolve individual conflicts will be developed under 15.5. The CONSULTANT will prepare a technical memorandum describing the assessment performed, a comparison between relocation of the entire water main and resolution of localized conflicts, provide a recommendation to LUD on whether the water mains should be relocated or localized conflicts resolved. The assessment of the water mains will not address the condition of the water mains or associated appurtenances, capacity, or existing /future demands. No assessment of service laterals will be made. Should the CONSULTANT recommend relocation of the water mains, the CONSULTANT will provide a preliminary route for the relocated water main on the plan and profile drawings prepared as part of 15.3. No final design work is included in this scope of work. It is assumed that the final design of the water main relocations will be add by supplement to this scope of work at a later. 15.5 The CONSULTANT will prepare a preliminary opinion of construction cost for both the relocation of the water main and resolution of localized conflicts for comparison purposes. Since no detailed design of the water main will have been performed, this will be a planning level estimate suitable only for comparison purposes. The opinion of cost will be based on a per linear foot cost to relocate /adjust the water main. The unit price per linear foot will include excavation, backfill, shoring, material and labor, fittings and valves and incidentals. The opinion of cost will not include service lines or meter boxes. A detailed breakdown of quantities will not be prepared. A thirty City of Federal Way Page 25 of 27 KPG Pacific Highway South HOV Lanes Phase IV 811412006 percent (30 %) contingency will be applied to the opinion of cost. Work Element 16 Lakehaven Utility District Final Design Lakehaven Utility District final design will be scoped by a supplement. Work Element 17 Plan Production 17.1 Assemble and submit plans and specifications for 85, and 100 percent levels of design. • One full size set of plans • 6 half -size sets of plans (11x17), including one unbound original • 6 copies of specs, including one unbound original • 6 copies of the opinion of cost 17.2 Assemble and coordinate the printing of 65 sets of half -size contract plans, 65 sets of specifications for bidding and 20 full size sets of plans. Work Element 18 Assistance During Bidding. 18.1 Prepare addenda and respond to bidders questions relayed through the City. It is assumed that the CONSULTANT will prepare three (3) addenda. 18.2 The CONSULTANT will evaluate the bids received. Evaluation will consist of reviewing the bid for accuracy as well as identify bid items that may be either mathematically or materially unbalanced. 18.3 Prepare letter of recommendation to award. The CONSULTANT will prepare a letter of recommendation to either award to or reject the low bidder. The CONSULTANT will contact references provided by the to bidder, search the Lists of Parties Excluded from Federal Procurement and Non - procurement Programs, review the Stat of Washington Department of Labor and Industries Contractor database for any current or active summons or claims. The CONSULTANT will discuss the results of the bid evaluation performed in 17.3. The letter of recommendation will be up to three pages in length. City of Federal Way Page 26 of 27 KPG Pacific Highway South HO Lanes Phase IV 811412006 Sheet List Title /index sheet (1 sheet) Legend, Abbreviations General Notes (1 sheet) Construction Staging Plans (1 " =50') (5 sheets) Roadway Sections (2 sheets) Paving Details (2 sheets) Drainage Details (5 sheets) Survey Control (2 sheets) Site Preparation and Erosion Control Plans (11 sheets) Alignment and Paving Plans (11 sheets) Drainage Plans and Profiles (11 sheets) Waterline Plans and Profiles (Work Element 16) (11 sheets) Illumination Plans and Details (13 sheets Aerial Conversion Plans and Details (15 sheets) Roadway Profiles (11 sheets) Channelization and Signing Plans and Details (6 sheets) Traffic Signal Systems Plans and Details (10 sheets) Landscape and Irrigation Plans (11 sheets) Landscape and Irrigation Details (4 sheets) Structural notes, legends, criteria (2 sheets) Retaining Wall Plan and Elevations (12 sheets) Retaining Wall Details (6 sheets) Utility Undergrounding Plans (by Utility companies) (50 sheets) TOTAL = 202 sheets City of Federal Way Page 27 of 27 KPG Pacific Highway South HO Lanes Phase IV 811412006 AM► Washington State Exhibit B Disadvantaged Business Department of Transportation Enterprise Utilization Certification To be eligible for award of this contract the bidder must fill out and submit, as part of its bid proposal, the following Disadvantaged Business Enterprise Utilization Certification relating to Disadvantaged Business Enterprise (DBE) requirements. The Contracting Agency shall consider as non - responsive and shall reject any bid proposal that does not contain a DBE Certification which properly demonstrates that the bidder will meet the DBE participation requirements in one of the manners provided for in the proposed contract. The successful bidder's DBE Certification shall be deemed a part of the resulting contract. Information on certified firms is available from OMWBE, telephone 360- 753 -9693. Not Applicable certifies that the Disadvantaged Business Name of Bidder Enterprise (DBE) Firms listed below have been contacted regarding participation on this project. If this bidder is successful on this project and is awarded the contract, it shall assure that subcontracts or supply agreements are executed with those firms where an "Amount to be Applied Towards Goal" is listed. (If necessary, use additional sheet.) project R61e * Amocl 'o Name of D Ce iflcat�� umber (Prune, Mfit�Venture; Subcontractor Descri ticrn of,. Work p beJ p ed Manufacturer; Regular TirnttFd dal D>aler, Service Pr(�vider) 1. 2. 3. 4 5. 6 7. 8. 9 1 Disadvantaged Business Enterprise Subcontracting Goal: NSA DBE Total $ * ** * Regular Dealer status must be approved by the Office of Equal Opportunity, Wash. State Dept. of Transportation, on each contract. ** See the section "Counting DBE Participation Toward Meeting the Goal" in the Contract Document. * ** The Contracting Agency will utilize this amount to determine whether or not the bidder has met the goal or the average goal attainment of all bidders. In the event of an arithmetic difference between this total and the sum of the individual amounts listed above, then the sum of the amounts listed shall prevail and the total will be revised accordingly. DOT Form 140 -089 EF Exhibit B -1 (DOT Form 272 -056 EF Revised 6/05 Revised 6/2004) Exhibit C Electronic Exchange of 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 B. Roadway Design Files C. Computer Aided Drafting Files D. Specify the Agency's Right to Review Product with the Consultant E. Specify the Electronic Deliverables to Be Provided to the Agency F. Specify What Agency Furnished Services and Information Is to Be Provided II. Any Other Electronic Files to Be Provided III. Methods to Electronically Exchange Data A. Agency Software Suite B. Electronic Messaging System C. File Transfers Format DOT Form 140 -089 EF Exhibit C Revised 6105 Exhibit D Payment (Cost Plus a Fixed Fee) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work specified in Section II, "Scope of Work." The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. 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, overhead, direct non -salary costs, and fixed fee. 1. Direct Salary Costs: The Direct Salary 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. Overhead Costs: Overhead Costs are those costs other than direct costs, which are included as such on the booksof the CONSULTANT in the normal everyday keeping of its books. Progress payments shall be made at the rateshown in the heading of this AGREEMENT under "Overhead Progress Payment Rate." Total overhead paymentshall be based on the method shown in the heading of the AGREEMENT. The two options are explained as follows: a. Fixed Rate: If this method is indicated in the heading of the AGREEMENT the AGENCY agrees to reimburse the CONSULTANT for overhead at the percentage rate shown. This rate shall not change during the life of the AGREEMENT. b. Actual Cost: If this method is indicated in the heading of the AGREEMENT the AGENCY agrees to reimburse the CONSULTANT the actual overhead 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 CONSULTANTS cost estimate and the overhead computation is shown in Exhibit "E" attached hereto and by this reference made part of this AGREEMENT. When an Actual Cost method is used, the CONSULTANT (prime and all sub - consultants) will submit to the AGENCY within six (6) months after the end of each firm's fiscal year, an overhead schedule in the format required by the AGENCY (cost category, dollar expenditures, etc.) for the purpose of adjusting the overhead rate for billing purposes. It shall be used for the computation of progress payments during the following year and for retroactively adjusting the previous year's overhead cost to reflect the actual rate. DOT Form 140 -089 EF Exhibit D -2 Revised 6105 Failure to supply this information by either the prime CONSULTANT or any of their sub - consultants shall cause the AGENCY to withhold payment of the billed overhead costs until such time as the required information is received and an overhead rate for billing purposes is approved. The AGENCY, STATE and/or the Federal Government may perform an audit of the CONSULTANT'S books andrecords at any time during regular business hours to determine the actual overhead rate, if they so desire. Direct Non -Salary Costs: Direct Non -Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT. 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 the AGENCY'S Travel Rules and Procedures. However, 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. 4. Fixed Fee: The Fixed Fee, which represents the CONSULTANT'S profit, is shown in the heading of this AGREEMENT under Fixed Fee. This amount does not include any additional Fixed Fee, which could be authorized from the Management Reserve Fund. 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." Management Reserve Fund: The AGENCY may desire to establish a Management Reserve Fund 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 Management Reserve Fund is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the Management Reserve Fund shall be made in accordance with Section XIV, "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 Management Reserve Fund. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIV, "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 calculated overhead and 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 Salary, Direct Non - Salary, and allowable Overhead Costs to which will be added the prorated Fixed Fee. To provide a means of verifying the billed salary costs for CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary 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 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) 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) days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. D. Inspection of Cost Records: The CONSULTANT and their sub - consultants shall keep available for inspection by representatives of the AGENCY, STATE and the United States, for a period of three (3) 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 contract is initiated before the expiration of the three (3) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. Exhibit E FEE SUMMARY Project: City of Federal Way Pacific Highway South HOV Lanes, Phase IV South 312th Street to Dash Point Road Work Element 1 - Project Management Work Element 2 - Quality Control /Quality Assurance Work Element 3 - Mapping Work Element 4 - Utility Mapping Work Element 5 - Traffic Analysis Report Work Element 6 - Geotechnical Report Work Element 7 - Design Report Work Element 8 - Environmental Work Element 9 - Property Transfer Site Assessments Work Element 10 - Community and Agency Coordination Work Element 11 - Right of Way Calculations Work Element 12 - Right of Way Appraisals Work Element 13 - Right of Way Negotiation Work Element 14 - Final Design Work Element 15 - Lakehaven Utility District Water Main Assessment Work Element 16 - Lakehaven Utility District Final Design Work Element 17 - Plan Production Work Element 18 - Assistance During Bidding City of Federal Way Page 1 of 13 Pacific Highway South HOV Lanes Phase IV KPG ♦ Architecture Landscape Architecture ♦ Civil Engineering $59,802.14 $19,281.21 $89,660.18 $9,818.56 $21,430.57 $32,920.53 $145,461.45 $50,248.99 $39,505.99 $28,137.59 $98,033.17 $139,559.45 $181,974.47 $428,792.59 $11,531.81 $0.00 $24,776.17 $8,836.28 KPG 8/14/2006 W x w LLJ W W W LL 0 Q O 2 ohm•4+ + U 00 4Oi� F. 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U U' � .Q ul 's x w U � d U1 GU d y t IL m O Vl � c C is O J a 2 R t 0 �+ o r w U) d L a 3 N - 0 D1 N CO) w = M w 0 4 - r w Z 0 UauOi O Z a c m = 0 a` 3 0 Y R m m .c LA 3 E 4) a Of c Nlc l O N wi N �I Y tv r I I c U o Y N v oo;o',o !o�o,O!O 0 O 0'0 O:O o O 'O O'O O LO jN O 46 O ttoj(Qlq M j ,� O O 'T C6 C V c7 "q 6q � to I l i 44). i i i j �6R ,ER ..,, I ER j j II � j I I , I I ° 1 � � I III a � � I t I n j 00 fA y y c F� 3 c m c f0 I o i I in y a) L C N w h aI @ mj m it c, k O c' c O O h c RM y `O C U' 7 LL . Y O C l m N,QU - r.. = a) a Q �� co _ W W $ 01 Ol T ° LT 5 , U U� II t x W U � C U w C Q W 1+ cd .. Q y > GU d L3 s a c c 0 d Ld J 0 > a O L _ to s o O >4 0 w c Lv Cts N LL = M LLJ y.. V W 0 w r W > v a 0 U .U) Z Q V � Lv p o x a` c O Y td d m _d A L 7 Lr I'O O'O'lO O O O OHO O r O1O 0'1O O O O O O O tp I NiO h r'N M I � 1 i 1 1 I I I 1 I 1 1 � ME= N Q O W ~ = o� N M (0 t0 WI I ` N U 0 a I" ICI �o >I N N f > m t a > C m . 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I I r s a E a LL i c �I Oo Y 0 N to w P- y m a) m O m m a o, U� W t W W a U) W W W LL 0 Z Q O U � U N.� Q OD y > �U ♦a• m N t6 s a � O fA � C C o O = s 0 r O >+ O CO) d T � � N d s s d � N LL = M o m O U G. cn v d 'o IL C O Y to M L W m a m 3 � c G oio O o 0:0 O O o10 O O to , O N O 0 O N M M 00 i LO I I 'I Ei) �, EA fR b4 6- 3 O F- Y N F- L 3 a� O o_ 3 N d O � 3 �a E o y m w w H . E - E a a O O O O N co O to N► N W J m a U) m Mu O H c� C) � ° o Y N v W , 0 0 Cl) e- N r ti ca k h m N J O Z r m � N a a, o Ua EXHIBIT F STATEMENT OF DI RECT RECTLABOR, FRINGE BENEFITS, AND GENERAL OVERHEAD Based on year end December 31, 200 - 5 plus Forecasted 2006 Survey KPG, INC. P.S. DESCRIPTION % Of 2005 Adjustments 2005 % Of Direct Expense Expense Direct Labor Labor T otal 2005 Salary $3,369,309 DIRECT LABOR $1,743,027 $0 $1,743,027 FRINGE BENEFITS Payroll'Taxes 12,4% 215,538 215,538 12.4% :'Insurance - Medical/Dental/Disability 9.4% 163,437 163,437 9.4% .I Paid Leave Vacation/ Holiday/ Sick 1 217,489 217,489 12.5% 401K 6..6% 114,340 114,340 66% Employee Bonus 1 5.0% 261,454 61,454_ 15.0% $ 972,258 SU% TOTAL. FRINGE BENEFITS 55.8% $ 972,258 --$0 GENERAL OVERHEAD Indirect Labor 3'7.5% 654,024 654,024 3 2006 Survey Expense 111.5% 200,000 200,000 11-.5% Legal & Accounting Services 0.7% 12,985 12,985 0.7%* Automotive & Travel Expenses 1.4% 23,765 23,755 1.4% Interest Expense 0.0% 505 (505.00) 0.0% Donations 0.1 1,450 (1,45000) - 0.0% Conferences 0.2% 4,340 4,340 0.2% Organizations 0.8 14,176 14,176 0.8% Publications 0AII/C 1,251 1,251 0 -1% Business Retreat 0.1% 2,362 2,362 0.1% Training/ Education 0-.8 13,837 13,837 0.8% Employee Recruitment 0.1% 1,654 1,654 0.1% Employee Services 1.4% 25,262 25,262 1.4% Equipment Support 6-5% 112,751 112,751 6..5% Professional Licensing 0.1% 2,606 2,606 0.1% ,Meals & Entertainment 1.0% 17,382 (8,691.03) 8,691 0-5% Office Supplies 6'.9% 119,437 119,437 6'.9 Payroll Service 0.2% 3,054 3,054 Postage/Shipping 0. 2% 2,867 2,867 02% Printing/ Reprographics 0,8% 13,679 13,679 0.8% Reimbursed Office Expense 0.0% 0.0% Svbconsultants 0..0% - 0.'0 Rent 11.9% 207,672 207,672 11.9% Repairs & Maintenance 3.1% 53,382 53,382 3.1% Business Taxes & Insurance 81% 152,368 152,368 8.7% Communications 1.1% 19,560 19,560 1.1% Utilities 0..5% 8,854 8,854 0 50 Depreciation 1.8% 31,867 31,867 1.8 Cost of Money 11% 19,885 19,886 11% Self Insurance 2.9% 50,000 50,000 2.9% ($10,646) TOTAL GENERAL OVERHEAD 101.6% $ 1 $ 11,760,317 Jul 0 ... . ........ .. .. .... ........... �* .-S.f ' o • Exhibit G Subcontracted Work the AGENCY permits subcontracts for the following portions of the work ofthis AGREEMENI: KPFF- - Stmetural Engineeiing Cas n e FnvinePrina Pow er T Itilily Fn2ineerin2 j,nncl i�L FngineetinR, Environmental Conslilti Ce xtifie[Land Services - R i of Way,4ervices DOT Form 140 -089 EF Exhibit G Revised 6/05 Exhibit G-1 KPFF Consulting Engineers ENGINEERING COST ESTIMATE: Paclflc Highway South Phase 4 Walls Structural Engineering Design Services Sec No Scope Of Work CATEGORY & HOURS COSTS Princ. Proj. Manag. Sen. Pro Engr. CADD Tech. Admin. 2 670 Multiplier $1,837 $55 $43 $32 $28 1 $19 Reimb I Fee 7.0 Design Report 14.20 Wall Concept Sketches 16 $1,837 Concept Cost Estimate 8 24 $918 Meetings (assume 2 meetings) 8 16 $918 4E Responses 0 8 40 0 0 $918 14.,20 TASK 7 SUBTOTAL• 0 40 0 1 0 0 $4,592 14.0 Final Design 14.20 Analysis and Design Soldier Pile Walls 8 24 $2,969 Cantilever Walls on Spread Ft s 4 16 $1,826 Subtotals: 0 12 40 0 0 $4,795 14.,20 KPFF Structural Plans Preparation No Shl Sheet Description 2 Abbreviations/Legends/Criteria 2 8 8 $1,511 10 Wall Plans and Elevations 4 60 60 $10 2 Soldier Pile Wall Details 8 40 48 $7,925 2 CantileverWall Details 8 1 24 32 $5,361 1 Traffic Barrier Details 2 8 8 $1,511 1 Construction Sequencing 8 8 8 $2,200 $0 Subtotals: 0; 32 148 .164 0 $28,580 14.20 Quality Assurance Independent Review 2 4 4 4 $1,394 $0 $0 $0 Subtotals: 2 4 4 4 0 $1,394 14.20 Submittals & Meetings Prepare and Send two submittals 4 4 8 $1,399 Incorporate Review Comments 4 4 8 4 $1,602 Meetings (assume 3 meetings) 8 4 $1,260 Subtotals 0 16 12 16 4 $4,261 File: KPFF -Pac Hwy S 4 Wall Fee Date: 8/27/2Q06 Page 1 of 2 Exhibit G-1 KPFF Consulting Engineers Pacific Highway South Phase 4 Walls Structural Engineering Design Services Sec No Scope Of Work CATEGORY & HOURS COSTS Princ. Proj Manag. Sen. Pro Engr. CADD Tech. Admin. 2.670 Multiplier $55 $43 $32 $28 $19 Reimb Fee 14.23 Quantities and Cost Estimate Prepare Special Provisions 16 4 $2,040 Subtotals: 16 0 4 $2,040 14,24 Specifications $0 Quantity Calculation 4 24 $2,510 Cost Estimate 4 16 $1,826 Subtotals: 0 8 40 $4,336 TASK 14 SUBTOTAL: .2 T 88 244 184 1 8 $45,406 18.0 Assistance During Bidding Addenda & Question Responses 1 8 8 1 2 $1,703 TASK 18 SUBTOTAL: 0 1 8 1 8 1 0, 1 2 j 1 . $1,703 Reimbursables Courier and FedEx 150 $50 Subtotals: $50 TOTALS 1 2 1 136 252 184 10 1 $517752 Note: 2 67 multiplier determined as follows: (1.0 Base Rate X 130 Profit) + (1 0 Base Rate X 13683 Overhead) File: KPFF -Pac Hwy S 4 Wall Fee Date: 8/27/2006 Page 2 of 2 G CASNE ENGINEERING, INC. FEE DETERMINATION WORKSHEET Electrical and Technology Consultants EXHIBIT G -1 Date 7/18/2006 Fife P0631 -028 Fees Tab Phase 3 - Design Author JEA Phasej I Task/' Labor Description of Tasks Project Manager Senior Engineer Engineer (ENG) i Designer j (DES) Auto CAD (CADDR) Clerical (WP) Total 1 Code (PM) (SE) i DESIGN $46.64 $43.06 $39.46 $34.06 $25,11 $19.73 ; 3 _E 300 PROJECT MANAGEMENT 12 I j $517 i 301 FIELD INVESTIGATION 40 i $1,579 302 ` DESIGN REVIEW MEETINGS (3) I 12 I ( $474 j 330 'PLANS ONE - LINE /DETAILS j 60 40 $3,372 ELECTRICAL PLANS 32 24 I $1,866 360 SPECIFICATIONS 10 i $395 DIRECT SALARY COST $8,201 j OVERHEAD(153 40 %) $12,581 FEE (10% X DSC +OH) 1 j $2,078 i Total Hours 12 154 64 _ Remarks: Subtotal $2 2,860 $1,140 j Expenses) TOTAL $24,000 THE ABOVE RATES & FEES QUOTED ARE VALID FOR A PERIOD OF 90 DAYS C* lu O ME jz ElE Z EN A k e OR 50 141 -1 a 0 -Ei S al & 1: C6 gN N 0 NN E 10 N NO m .0 Nl .0 m to ty ci - 4 Np Amam Of SOW M NCO co 16 N" -TVM 4 OC ui D CL �H� C- I I 10 (0 w I <0 10 Oo 0 w I 0 m -; ff- 3 w E 9 G -1 Subconsuttant Fee Determination - Summary Sheet Exhibit G -1 Subconsuitant Fee Determination - Summary Sheet (Mandatory when Subconsultants are utilized) Project: Consultant: Certified Land Services Corporation Direct Salary Cost (DSC): Classification Man Hours Rate = Cost Principal 1 General Manager 25 X 7613 = $ 1,903.25 Project Manager 290 X 53.00 = $ 15,370.00 R / W Senior Agent 1625 X 33.32 = $ 54,145.00 R/W Agent 80 X 2786 = $ 2,228.80 R / W Title Examiner 70 X 26.25 = $ 1,83750 Administration X 2415 = $ - X = $ - X = $ - X = $ - Total DSC = $ 75,484.55 Overhead (OH Cost - including Salary Additives): OH Rate x DSC of 77.45% = $ 58,462.78 Fixed Fee (FF): FF Rate x DSC of 35,00% = $ 26,419.59 Reimbursables Appraisals 40 X 2,500:00 $ 100,000.00 Appraisals 40 X 750.00 $ 30,000 00 Grand Total = $ 290,366.93 EXHIBIT G -2 KPFF Consulting Engineers Overhead Schedule FYE 04/30/2004 Category Proposed Adjust to Trial Amount Balance Audit Adj. Ref Labor Base $22,062, ($184,666) A Fringe Benefits 672% Payroll Taxes $2,953,589 Medical/Dental Insurance 2,147,226 Vacation Pay 1,469,818 Holiday Pay 988,478 Sick Leave 725,863 401KPlan 2,099,640 B Total Fringe Benefits $10,384,614 _ $0 $o WSDOT Accepted Am ount % 8,169 $2,953,589 13..50% 2,147,226 9.81% 1,469,818 672% 988,478 452% 725,863 3.32% 2,099,640 r 9.60% $10,384,614 47.47% General Overhead Expenses Indirect Salaries $9,92.9,169 ($3 ($127,187) A $6,432,236 29.40% Bonuses 0 6,697,542. (2,207,185) C 4,490,357 20..52% Outside Professional Svcs,. 256,2.22 (26,706) D 2.29,516 1.05% Blueprint & Duplicating 140,145 (10,013) E 130,132 0..59 Rent 3,884,360 (80,36'7) F 3,803,993 17.39 Repair &Maintenance '76,133 76,133 035 0 /0 Iaxes 01i Fees 411,886 411,886 1..88% Depreciation 534,358 534,358 2.44% Other Taxes & Licenses 98,058 98,058 0.45% - - - - E& O Insurance- -- - - - - - - - - -' 435;403 - - -- - - -- - -- 435;403 -- -- - - -1-:99% - - Clerical Supplies 729,940 (81, 1 648,698 2.97% Telephone 266,666 (1,269) H 265,397 1.21% Fees, Books, Conferences 333,898 (67,2.87) D,K 266,611 1.22% Car- 380,686 (28,399) DX 352,287 Travel 402,187 (142,161) D,J 260,026 1.19 0 /0 Legal 548,125 (407,493) N 140,632 0.64% Accounting 54,228 (21,072) M 33,156 0.15% Supper, Accom, 0 26,271 (7,897) 0 0 18,374 0..00% 0.08% Moving School 29,946 29,946 0.14 %0 Personnel Procurement 56,379 (652) D,7 55,727 025% Computer 737,992 737,992 3.37% Employea Mai ate 338,174 (293,890) D,L 44,284 0.20% Facilities Cost of Money 0 55,898 P 55,898 0.26 %. Total General Overhead Expenses $19,670,226 $3,327,796 ($3,446,922) $19,551,100 _ 89.36% 32'7,796 ($3,446,922) $29,935,714 136.83% Total Overhead Expenses $30,054,840 $3, 136..22% 136.83% Overhead Rafe ---- EXHIBIT G -2 KPFF Consulting Engineers Overhead Schedule FYE 04/30/2004 WSDOT Proposed Adjust to Trial Accepted Category Amount Balance Audit Adj. Ref. Amount % References: A Premium overtime unallowable per 48 CFR 22.103 -1 (b).. B Added verified amount for KPFF 401K contributions C No adjustment for.excess executive compensation for 2004.. Adjust bonus to comply with WSDOT Bonus policy. D Direct project costs unallowable in overhead per 48 CFR 31.202(a). Undocumented costs Pei 48 CFR 31..201 -2(d)• Excess mileage costs unallowable per 48 CFR 31.205- 46(a)(2)(I) and WSDOT Accounting Manual, M13 -82, Chapter 10 Iravel . Parking violations and penalties unallowable per 48 CFR 31 „2.05- 15(a).. Overtime premium unallowable per 48 CFR 31..201• -2( c ). Prior year expenses unallowable per 48 CFR 31.,201 -3(a). Local meals unallowable per 48CFR31. 205 -14, 48CFR31205.46(a)(2XI) and WSDOT Accounting Manual, M13-82, Chapter 10 Travel- Excess lodging and per diem costs unallowable per 48CFR 31.205- 46(a)(2)(i) and WSDOT Accounting Manual M13 -82, Chapter 10, Travel Alcoholic beverages unallowable per 48 CFR 31. 205 -51 Entertainment unallowble per 48 CFR 31.2o544., Excess holiday Party and picnic costs unallowble per 48 CFR 31..205 -14 and WSDOT Overhead Policy.. E Direct project costs unallowable in overhead per 48 CFR 31.202(a) (CRE) F Next year's expenses unallocable per 48 CFR 31201 -4. H Yellow pages advertising unallowable per 48 CFR 31.205 I(f)(1). I Advertising unallowable per 48 CFR 31,205 4 (a) Direct project costs unallowable in overhead per 48 CFR 31.202(a) 31.2020.), I Local meals•.unaliowable per 48 CFR 31.205- 46(a)(2)(i) and WSDOI Accounting Manual M13 -82, Chapter 10 Travel. Social club dues umallowable per 48 CFR 31.205-1 (f)('7).• dmitable contributions unallowable Pei 48 CFR 31- 205 -8. Penalties unallowable per Alcoholic beverages ianallowab a 48 CFR 31.205••51. Lobbying costs unallowable per 48 CFR 31,205- 22(a), K Personal use mileage on company cars unallowable per 48 CFR 31.205- 6(m)(2). L Local meals unallowable per 48 CFR 31 „205- 46(aX2)(i) an d WSDOT Accounting Manua! Ml 3.83, Chapter 10 Iravel. Social club dues unallowable per 48 CFR 31.205-14, Charitable contributions unallowable Pei 48 CFR 31..205 -8. M Federal income tax preparation costs in excess of $250 unallowable per 48 CFR 31.205- 41(b)(1), 48 CFR 31..2.01 -6(d), and WSDO T Overhead Policy. N Litigation settlements unallowable per 48 CFR 31.205- 47(f)(5).. Prior year's expenses unallowable per 48 CFR 31.201 -2(c) and 31.201 -3 (a). 0 Excessive and unreasonable relocation costs unallowable per 48 CFR 31.205 -35. P Cost of money allowable per 49 CFR 31..205.10. CASNE ENGINEERING INC EXHIBIT G-2 Overhead Calculation 2005 2005 TOTAL RATIO TO EXPENSES DIRECT LABOR OH FACTOR DIRECT PROJECT LABOR 1 654.15 1.0000 DIRECT LABOR OVERHEAD VACATION 99,737.30 0.0816 HOLIDAYS 65,194.65 00533 SICK LEAVE 37,75644 00309 PAYROLL TAXES 178,193 72 01457 MEDICAL INSURANCE 100 903 38 00825 PERFORMANCE BONUSES 000 0.0000 PENSION PLAN 0.00 0.0000 EMPLOYEE STOCK OWNERSHIP PLAN 283,500 00 0.2319 SUB -TOTAL DIRECT LABOR OVERHEAD 765,285 49 0.6259 GENERAL AND ADMINISTRATIVE EXPENSES ADMINISTRATIVE NON - PROJECT OVERHEAD 391,722 07 0.3204 ADVERTISING 2,42859 0.0020 AUTOMOBILE EXPENSE 85821 00007 BAD DEBTS 19 926 37 0.0163 BANK CHARGES & INTEREST 73899 00006 BUSINESS MEETING. MEALS 14 940 18 00122 BENEFIT PLAN EXPENSE 11 505 00 00094 CLIENT RELATIONS 77.39 0.0001 COMPUTER SERVICES /SUPPLIES 38,737 07 0.0317 CONTRIBUTIONS 5,12000 0042 DEPRECIATION 38,734 54 00317 DRAFTING SERVICES 690.00 0.0006 ENGR DRAFTING SUPPLIES 7,86024 00064 EMPLOYEE EDUCATION 000 00000 EMPLOYEE RELATIONS 11 905 65 00097 ENTERTAINMENT 1 588 52 0.0013 EQUIPMENT LEASES 13 292 40 00109 EXCISE TAXES 69 351 96 00567 INSURANCE 54,752 06 0.0448 INTEREST 995.23 0.0008 LEGAL, ACCOUNTING 24,215 50 0.0198 LICENSE AND OTHER TAXES 4,907.31 0.0040 MARKETING 6,040.53 0.0049 NON - REIMBURSABLE EXPENSE 0.00 0.0000 OFFICE SUPPLIES & IMPROVEMENTS 35,188 84 0,0288 PERSONNEL RECRUITMENT 5,13600 0.0042 PHOTOGRAPHY 15000 0.0001 POSTAGE, DELIVERY 4 082 40 00033 PROMOTIONAL 1 389 19 00011 PROFESSIONAL DUES AND LICENSES 6 151 00 00050 PROFESSIONAL SERVICES 57 976 85 0.0474 PUBLICATIONS. SUBSCRIPTIONS 3674.34 0.0030 RENT 180 551.74 0.1477 REPAIRS, MAINTENANCE 3,76337 0.0031 REPRODUCTION, PRINTING 8 020 52 0.0066 TEMPORARY SERVICES 18500 0.0002 TELEPHONEIUTILITIES 48,55717 0.0397 TRAVEL -MEALS 2.64730 00022 TRAVEL- MILEAGE, PARKING 11,663 86 00095 TRAVEL- FARES, LODGING 9,549.41 0.0078 TRAINING. WORKSHOPS, SEMINARS 11 203 49 0.0092 MISCELLANEOUS JOB COSTS 000 0.0000 MISCELLANEOUS 000 0.0000 SUB -TOTAL G &A OVERHEAD 1.110 278.29 0.9081 TOTAL EXPENSES 1,875,563.78 1 5340 1.0000 �0 2.5340 PROFIT 1000% 0.2534 2.7874 EXHIBIT G -2 Landau Associates, Inc. Overhead Schedule Fiscal Year Tnded ,1 30, 2004 Pap 2 Gil. Landau Proposed Audit Audited Amount Adj. Amount Adj. Ref. Amount % Direct Labor - Base $3,282,539 $6,696 $2,27$,843 A 82,275,843 Fringe -Rene ltA Vaea ioniSick Leave/Holidalys $496,352 $496,352 $496,352 21..81% I'Ayrou Iaxc9 426,466 426,466 426,466 18,74% Medical lnsurancel 390,886 390,886 390,886 I'T 18 I3-1111Is/Severance 97,911 (20,000) 77,911 B 77,911 142% Profit Slull ingIr"SUP 100,000 Y ` 10 0,000 1 00,0 0 0 4.39% Total Fringe Benefits $1,511,615_ � ($20,000) $1,491,615 ^ _ $1,491,615 65.S Coneral ovcrlmod Ove0eadLabor FieltMaboratory 81,811,739 ($5,813) $1,805,927 A $1,805,927 79.35% Temporary Help 63,716 1,006 (63,716) 0 11006 C 0 0,00" /op Health & Ssfcty 18,238 18,238 1,006 18,238 0.04 % 0.80% Mileage & Ve111cle 35,583 (31,901) 3,682 v 3,682 0.16% Tra vel &Lodging 29,764 (4,655) 25,109 I'; 25,109 1.10% Office Supplics/X,quipment 158,140 (26,884) 131,256 F 131,256 5.77'% Postage; 'T'elephone 17,078 '70,614 17,078 17,078 0.75% Tax & Uccy= 151,454 70614 151,454 70,614 151,454 110% 6„65% ProfwwinnalIieerise &Dues 26,134 26,184 26,184 1.15% Building Expeftgc 506,614 506,614 506,614 22.26% Insurance Dgwecialion 111,820 214,111 (51,553) 111,820 162,558 C 111,820 162,558 4.91% 7.14% InVuted Cost oCMoiiey 17,846 17,846 17,846 0;78% 1 C(�1rrICa Refe ISCI`$ 7 ;721 7,72I 7,721 0,34 Recruiting L:ducation Cast 15,307 (1,921) 13,886 If 13,886 0..61% Parsui ne112elatiowi 38,234 24,005 (7,501) 38,234 16,504 1 38,234 16,504 1.68% 033% Prorestiional Servicu.s 151,548 (1,517) 150,031 1 150,031 6.59% Matkeling lixpenses 101,624 (31,344) 70,280 (4,000) K,O 66,280 2.91% Sejviee Chirges S Infertwt 17,305 (17,305) 0 L 0 0:,00% Donatioay MisCelianeons E.xpen��o 3,285 6,028 (3,285) _ __(LO2 , 9 0 0 M N 0 0 0.00 %, 0.00% Total General Overheat] $3,599,46 (5253,423) $3,346,043 _ ($4,000 $3,342,043 _ 146.85% Total Over C_6sis $5,111,080 ($273,423) 14,837,659 ($4,000) $4,83 3 . ,659 212.39% Overhead Rate 223.92% 212,39% Pap 2 EXHIBIT G -2 Landau Associates, Inc. Overhead Schedule Fiscal Year I'nded June 30, 2004 C/L Landau proposed Audit Audited ,... Arnount Ad - f. Arnaunt ndj. Ref. Amount % Landau Ret'el estces A D, rest and indirect lubor overtime premium not ullowed in overhead per 48 CFR 22..103 -2,. 13 Signing bonuses and moving bonuses in excoss of'$1,000 per person unallowable pct 48 CFR 31105 -35 and 48 Cr - R31. 201 -4. C Field supplies inventory, eventually charged to projects related to job chargable activity. D Vehicle gas, repair, & rnainteaalico • most ranted to rental tevenuc. Ii L,rpal lbeala - employee business meals ttnullowable per 48 CFR 31,205.14 atad WSDOT Accotni ing Manual M13 -82, Chapter 10 Twel F Estimau d cost of dirdct photocopies - related to job c1l argable activity, G Deprecisttion on lab and field equipment, field vehicles & CAD equipmw - related to job chargable activity„ ft' Local meals - recruiting unallowable per 48 CFR 31.,205- 14. 48 CFR 31,205- A6(a)(2)(i), and WSDOT Accounting Manual M13.82, Chaptcr 10 Trawl. I Mariner tickets, liquor, holiday parry expenses over $25 per employee unallowable per 48 CFR 31.205 -14, and , WSDOT Overhead Policy J Federal income lax preparation fees over $250 unallowable: per 48 LFR 31.205 -41(b)(1), 48 CIR 31.201- .6(d), and W81)07' Overhead Policy. K .Advertising, client entertainment, campaign contributions, orher non - allowable costs per 48 CFR 31.2054(d), 48 CFR 31.205 -8, and a$ CFR 31,.205.14. L Service charges and interest unallowable per 48 CI:R 31-.205 -20 M Donatious unolltiivable per 48 CFR31.205 -S. N A✓ 7iscellancpi>,s unclocwnenzed costs removed . WSDOT Reference -, O ■1S f;Flt 91 .205 -1(i), Clnullnwablemarl:etinl ; exptses, Page 2 EXIIIBII G -2 Certified Land Services Corporation Overhead Schedule December 31, 2405 Proposed Accepted Description Amount Adj. Ref. Amount % Direct Labor Base $335,760 $335,760 Direct Labor Overhead EE Benefits Includes: Vacations, Holidays & Sick Leave Payroll Taxes Iotal Direct Labor Overhead 71,259 34,814 $106,073 $0 71,259 2122% 34,814 10.37% $106,073 31.59% G &A Overhead Indirect Labor Auto Expense Mileage Expense Bank Fees Dues & Subscriptions Professional Iraining Meetings & Seminars Liability Insurance Other Insurance Interest Professional Fees Licenses Office Supplies Postage & Delivery Rent Bad Debt Repairs & Maintenance B & O Taxes Telephone Travel Meals & Entertainment Utilities Business Gifts Total G &A Overhead Total Overhead Costs Overhead Rate $37,689 ($7,538) $20,955 6.24% 1,769 (1,769) 1,497 (1,415) 4,968 148% 395 0.12% 5,464 1..63% 12,846 383% 1,388 041% 3,848 (3,848) 3,159 (280) 672 0.20% 6,663 (1,490) 1,828 0..54% 20,934 6.,23% 1,073 (1,073) 7,931 236% 19,238 5.73% 12,449 3,71% 26,225 (23,021) 2,247 (2,247) 3,403 101% 49,667 (49,667) $246,307 ($92,348) $352,380 ($92,348) 104.95% CLS - Reviewed & Accepted - 6/27/06 MR A $30,151 8.98% $20,955 6.24% B (0) 0.00% C 82 0..02% 4,968 148% 395 0.12% 5,464 1..63% 12,846 383% 1,388 041% D 0 000% E 2,879 086% 672 0.20% F 5,172 1.54% 1,828 0..54% 20,934 6.,23% G 0 0.00% 7,931 236% 19,238 5.73% 12,449 3,71% H 3,203 095% K 0 000% 3,403 101% J 0 0.00% $153,959 45.85% $260 77.45% 77.45% References A Contract Administration - direct project costs unallowable per 48 CFR 31202 (a). B Mileage project expense - unallowable per 48 CFR 31202 (a).. C Loan fees unallowable per 48 CFR 31205-20. D Interest unallowable per 48 CFR 31.205 -20, E Federal income tax preparation fees in excess of $250 disallowed per WSDOI policy & 48 CFR 3120541 (b) (1), & 31.201 -6 (a) EXHIBIT G -2 Certified Land Services Corporation Overhead Schedule December 31, 2005 Proposed Accepted Description Amount Adj. Ref. Amount % F Office expenses - project expense unallowable per 48 CFR 31202 (a). G Bad Debt unallowable per 48 CFR 31.205 -3. H Travel expenses not in compliance with WSDOI policy & WSDOI Accounting Manual, M13 -82, Chapter 10 Travel.. J Gifts to clients unallowable per 48 CFR 31205-13 (b). K Local meals not in compliance with WSDOT Policy & WSDOI Accounting Manual, M13 -82, Chapter 10 Travel. Entertainment unallowable per 48 CFR Exhibit H Title VI Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non - discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS "), which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non - discrimination: The CONSULTANT, with regard to the work performed during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub - consultants, including procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. Solicitations for Sub - consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub - contract, including procurement of materials or leases of equipment, each potential sub - consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under this AGREEMENT and the REGULATIONS relative to non - discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by AGENCY, STATE or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, STATE or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non - compliance: In the event of the CONSULTANT'S non - compliance with the non - discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE or the FHWA may determine to be appropriate, including, but not limited to: Withholding of payments to the CONSULTANT under the AGREEMENT until the CONSULTANT complies, and/or; Cancellation, termination, or suspension of the AGREEMENT, in whole or in part DOT Form 140 -089 EF Exhibit H Revised 6/05 6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through (5) in every sub - contract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub - consultant or procurement as the AGENCY, STATE or FHWA may direct as a means of enforcing such provisions including sanctions for non - compliance. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub - consultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the STATE and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. Exhibit I Payment Upon Termination of Agreement By the Agency Other Than for Fault of the Consultant (Refer to Agreement, Section IX) Lump Sum Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made shall total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the total work required for the PROJECT. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Cost Plus Fixed Fee Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total work required for the Project. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Specific Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT. Cost Per Unit of Work Contracts A final payment shall be made to the CONSULTANT for actual units of work completed at the time of termination of this AGREEMENT. DOT Form 140 -089 EF Exhibit 1 Revised 6/05 Exhibit J 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 Highways and 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 manger 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 enor(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 H &LP, through the Region DOT Form 140 -059 EF Exhibit J Revised 6105 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. Step 5 — Forward Documents to Highways and Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Highways and Local Programs Engineer to H &LP for their review and consultation with the FHWA. H &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, H &LP will request assistance from the Attorney General's Office for legal interpretation. H &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. H &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. Exhibit K 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 Highways and 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 Highways and 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. DOT Form 140 -089 EF Exhibit K Revised 6/05 If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures. 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 Pubic 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 Highways and 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. Exhibit M -1(a) Certification Of Consultant Project No. 0656 Local Agency Federal Way I hereby certify that I am a prinicpal representative of the firm of KPG, Inc 753 9th A ve N, Seattle WA 98109 firm I here represent has: and duly authorized whose address is and that neither I nor the above (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 the 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 available to the Washington State Department of Transportation 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. bt � Date Signature DOT Form 140 -089 EF Exhibit M -1(a) Revised 6/05 Exhibit M -1(b) Certification Of Agency Official I hereby certify that I am the AGENCY Official of the Local Agency of City of Federal Way Washington, and that the consulting firm 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 available to the Washington State Department of Transportation 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 CITY OF FEDERAL WAY DATE 33325 8TH AVENUE SOUTH P.O. BOX 9718 FEDERAL WAY, WA 98063 -9718 — W f NEAL J. BEETS, CI ANAGER DOT Form 140 -089 EF Exhibit M -1(b) Revised 6/05 Exhibit M -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 -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or 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 antitrust 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 (I)(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, or 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. Consultant (Firm): KPG, Inc (Date) (Signature) Presi ent or Authorized Official of Consultant DOT Form 140 -089 EF Exhibit M -2 Revised 6/05 Exhibit M -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: 1. 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 an 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 any 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 3l, 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 and not more than $100,000 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 subcontracts which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Consultant (Firm): KPG, Inc (Date) (Signature) President or Authorized Official of Consultant DOT Form 140 -089 EF Exhibit M -3 Revised 6105 Exhibit M-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 15.401 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 Pacific Hwy S. HOV Lanes, Ph IV are accurate, complete, and current as of August 1, 2006 * *. This certification includes the cost or pricing data supporting any advance agreements and forward pricing rate agreements between the offeror and the Government that are part of the proposal. Firm KPG, Inc Name Nelson Davis Title Principal Date of Execution * ** * Identify the proposal, quotation, request for price adjustment, or other submission involved, giving the appropriate identifying number (e.g., RFP No.). ** 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. DOT Form 140 -089 EF Exhibit M -4 Revised 6/05 ACORD =. — CERTIFICATE OF LIABILITY INSURANCE DAT =25 2006 YYY) PRODUCER Phone. (360)598-37M Fax: (360) 598 -3703 MICHAEL J. HALL & COMPANY THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 19578 10TH AVENUE N.E. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR POULSBO WA 98370 ALTER THE COVERAGE AFFORDED BY THE POLICIES 13FLOW- POLICY NUMBER POLICY EFFECTIVE DATE M / DDIYY POLICY EXPIRATION DATE MWDD INSURERS AFFORDING COVERAGE NAIC # - Agency Lick 91- 1461089 GENERAL LIABILITY BKO1802130 INSURED INSURER A: FIDELITY & GUARANTY INS. CO. EACH OCCURRENCE KPG, INC. INSURER LLOYD'S OF LONDON : 753 9TH AVENUE NORTH SEATTLE WA 98109 _B_ __._ - - -_ -- INSURER C. FIDELITY GUARANTY INS UNDR., INC. X COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR INSURER D: MED. EXP (Any one person) INSURER E PERSON & A DV INJURY COVERAGES 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 CONTRACT OR 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADU INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE M / DDIYY POLICY EXPIRATION DATE MWDD ` LIMITS AUTHORIZED REPRESENTATIVE � BOX 9718 FE FEDERAL WAY, WA 98063 -9718 GENERAL LIABILITY BKO1802130 06/29/06 06/29/07 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurence) $ 300,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR MED. EXP (Any one person) $ 10,000 PERSON & A DV INJURY $ 1,000,000 C - GENERALAGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS- COMP /OP AGG. $ 2,000,000 PRO - POLICY 7 JECT LOC AUTOMOBILE LIABILITY ANY AUTO BA02093991 06/07/06 06/07/07 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X BODILY INJURY ALL OWNED AUTOS SCHEDULED AUTOS (Per person) $ A HIRED AUTOS NON -OWNED AUTOS X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS / UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR L_ I CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTNE OFFR:ER/MENIRER EXCLUDED? BKO1802130 06/29/06 06/29/07 RY X OTHER STOP GAP E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 Ryes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 OTHER: 11478233851006 06/01/06 06101/07 $1,000,000 PER CLAIM B PROFESSIONAL LIABILITY CLAIMS MADE FORM $1,000,000 AGGREGATE RETRO DATE: 6/1194 DESCRIPTION OF OPERATIONS /LOCATIONS/VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS PROJECT: PACIFIC HIGHWAY SOUTH, PHASE IV CITY OF FEDERAL WAY IS AN ADDITIONAL INSURED AS PER WRITTEN CONTRACT OR AGREEMENT BETWEEN INSURED AND INSUREDS CLIENT ON THE COMMERCIAL GENERAL LIABILITY POLICY AS RESPECTS LIABILITY ARISING OUT OF ACTIVITIES BY, OR ON BEHALF OF THE NAMED INSURED. CERTIFICATE HOLDER CANCELLATION ACORD 25 (2001/08) Certificate # 42870 © ACORD CORPORATION 1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO CITY OF FEDERAL WAY DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS PUBLIC WORKS DEPARTMENT AGENTS OR REPRESENTATIVES. 33325 8TH AVENUE SOUTH AUTHORIZED REPRESENTATIVE � BOX 9718 FE FEDERAL WAY, WA 98063 -9718 Attention: AL EMTER, P.E. shley L. Hurd ACORD 25 (2001/08) Certificate # 42870 © ACORD CORPORATION 1988 � Washington State v// Department of Transportation Authorized Signatures List the name and title of those individuals in your organization who are authorized to execute proposals, contracts, bonds and other documents and /or instruments on behalf of the organization.. Specify if more than one signature is required. Si gnature • to name Name (Typed) Signatur /; Title P.. Joseph Giacobazzi / Principal Name (Typed) Sign tur , Title Nelson Davis Principal Name (Typed) e Title P aul R. Fuesel Vn a Principal Name (Typed) e Title Name (Typed) Signature Title Name (Typed) Signature Title Name (Typed) Signature Title Name (Typed) . Signature Title Name (Typed) Signature Title Name (Typed) Signature Title Name (Typed) Signature Title The undersigned, being duly sworn, deposes and says that the foregoing is a true statement of facts concerning the individual, corpration, co- partnership or joint venture herein named, as of the date indicated: Name of Firm - Be Exact KPG, Inc. Sworn to before me this O&L , day of Notary Public Authorized Signature(s) Notary seal Corpolata, seal(s) DOT Form 420 -007 E Revised 10/02 ra PACIFIC NORTHWEST TITLE Company of Washington, Inc. City of Federal Way 33325 8th Avenue South Federal Way, WA 98063 -9718 Attn: Brian Roberts, Street Systems Project Engineer Order No.: 645360 Enclosed is your Policy for Title Insurance on the above - referenced transaction. JAN 2 E ?0 71)FPaP:T4'At r 7 Thank you for the opportunity of serving you. Please do not hesitate to call us locally at (206)622 -1040 or statewide at 1- 800 - 634 -5544. We look forward to working with you again. Curtis Goodman Title Officer Unit No. 12 A C 0�o--10 215 Columbia Street & Seattle, WA 98104 -1511 & (206) 622 -1040 A Fax: (206) 343 -1358 http: / /pnwt.com OWNER'S POLICY OF TITLE INSURANCE ISSUED BY Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, PACIFIC NORTHWEST TITLE INSURANCE COMPANY, INC., a Washington corporation (the "Company ") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been fled or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. 0- 2061 - 9004759 ALTA OWNER'S POLICY - 6 -17 -06 ���� �� PACII''IC NORT[ IWEST TITLE Insurance Company, Inc. President tersigned by o u ua� �uthoh d� zed Signatory SEAL ,rye .fi PACIFIC NORTHWEST TITLE Seattle Washington 0- 2061 - 9004759 ALTA OWNER'S POLICY - 6 -17 -06 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (it) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Tide as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. CONDITIONS DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement lo this policy, increased by Section 8(b), or decreased by Sections 11 and 12 of these Conditions. (b) "Date of Policy: The date designated as "Date of Policy in Schedule A. (c) "Entity: A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) "Insured ": The Insured named in Schedule A. (i) The term "Insured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly -owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured ClaimanC: An Insured claiming loss or damage. (I) "Knowledge" or "Known ": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land ": The land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, titre, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage ": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (i) "Public Records ": Records established under state statutes at Date of Policy or the purpose of imparting constructive notice of matters relating to real property to purchasers or value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court or the district where the Land is located. (j) 'Title ": The estate or interest described in Schedule A. (k) "Unmarketable Title ": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Data of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (t) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) it the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability lo the Insured Claimant under the policy shall be reduced to the extent of the prejudice. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide or the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce or examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e- mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. ALTA OWNER'S POLICY - 6 -17 -06 CONDITIONS Continued (continued and concluded from reverse side of Policy Face) Further, if requested by any authorized representative of the Company, the Insured Claimant 11. LIABILITY NONCUMULATIVE shall grant its permission, in writing, for any authorized representative of the Company to The Amount of Insurance shall be reduced by any amount the Company pays under any examine, inspect, and copy all of these records in the custody or control of a third party that policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured reasonably pertain to the loss or damage. All information designated as confidential by the has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a others unless, in the reasonable judgment of the Company, it is necessary in the payment to the Insured under this policy. administration of the claim. Failure of the Insured Claimant to submit for examination under 12. PAYMENT OF LOSS oath, produce any reasonably requested information, or grant permission to secure When liability and the extent of loss or damage have been definitely fixed in accordance with reasonably necessary information from third parties as required in this subsection, unless these Conditions, the payment shall be made within 30 days. prohibited by law or governmental regulation, shall terminate any liability of the Company 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT under this policy as to that claim. (a) Whenever the Company shall have settled and paid a claim under this policy, it shall OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY be subrogated and entitled to the rights of the Insured Claimant in the Title and all In case of a claim under this policy, the Company shall have the following additional options: other rights and remedies in respect to the claim that the Insured Claimant has against (a) To Pay or Tender Payment of the Amount of Insurance. any person or property, to the extent of the amount of any loss, costs, attorneys' fees, To pay or tender payment of the Amount of Insurance under this policy together with and expenses paid by the Company. If requested by the Company, the Insured any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were Claimant shall execute documents to evidence the transfer to the Company of these authorized by the Company up to the time of payment or tender of payment and that rights and remedies. The Insured Claimant shall permit the Company to sue, the Company is obligated to pay. compromise, or settle in the name of the Insured Claimant and to use the name of the Upon the exercise by the Company of this option, all liability and obligations of the Insured Claimant in any transaction or litigation involving these rights and remedies. If Company to the Insured under this policy, other than to make the payment required in a payment on account of a claim does not fully cover the loss of the Insured Claimant, this subsection, shall terminate, including any liability or obligation to defend, the Company shall defer the exercise of its right to recover until after the Insured prosecute, or continue any litigation. Claimant shall have recovered its loss. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured (b) The Company's right of subrogation includes the rights of the Insured to indemnities, Claimant. guaranties, other policies of insurance, or bonds, notwithstanding any terms or (i) To pay or otherwise settle with other parties for or in the name of an Insured conditions contained in those instruments that address subrogation rights. Claimant any claim insured against under this policy. In addition, the Company 14. ARBITRATION will pay any costs, attomeys' fees, and expenses incurred by the Insured Either the Company or the Insured may demand that the claim or controversy shall be Claimant that were authorized by the Company up to the time of payment and submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American that the Company is obligated to pay; or Land Title Association ( "Rules "). Except as provided in the Rules, there shall be no joinder or (ii) To pay or otherwise settle with the Insured Claimant the loss or damage provided consolidation with claims or controversies of other persons. Arbitrable matters may include, for under this policy, together with any costs, attorneys' fees, and expenses but are not limited to, any controversy or claim between the Company and the Insured incurred by the Insured Claimant that were authorized by the Company up to the arising out of or relating to this policy, any service in connection with its issuance or the time of payment and that the Company is obligated to pay. breach of a policy provision, or to any other controversy or claim arising out of the Upon the exercise by the Company of either of the options provided for in subsections transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All loss or damage, other than the payments required to be made, shall terminate, arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be including any liability or obligation to defend, prosecute, or continue any litigation. arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to DETERMINATION AND EXTENT OF LIABILITY this policy and under the Rules shall be binding upon the parties. Judgment upon the award This policy is a contract of indemnity against actual monetary loss or damage rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. sustained or incurred by the Insured Claimant who has suffered loss or damage by 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT reason of matters insured against by this policy. (a) This policy together with all endorsements, if any, attached to it by the Company is the (a) The extent of liability of the Company for loss or damage under this policy shall not entire policy and contract between the Insured and the Company. In interpreting any exceed the lesser of provision of this policy, this policy shall be construed as a whole. (i) the Amount of Insurance; or (b) Any claim of loss or damage that arises out of the status of the Title or by any action (ii) the difference between the value of the Title as insured and the value of the Title asserting such claim shall be restricted to this policy. subject to the risk insured against by this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated (b) If the Company pursues its rights under Section 5 of these Conditions and is by an authorized person, or expressly incorporated by Schedule A of this policy. unsuccessful in establishing the Title, as insured, (d) Each endorsement to this policy issued at any time is made a part of this policy and is (i) the Amount of Insurance shall be increased by 10 %, and subject to all of its terms and provisions. Except as the endorsement expressly states, (ii) the Insured Claimant shall have the right to have the loss or damage determined it does not (i) modify any of the terms and provisions of the policy, (ii) modify any either as of the date the claim was made by the Insured Claimant or as of the prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of date it is settled and paid. Insurance. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those 16. SEVERABILITY costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of n the event any provision of this policy, in whole or in part, is held invalid or unenforceable these Conditions. under applicable law, the policy shall be deemed not to include that provision or such part I. LIMITATION OF LIABILITY held to be invalid, but all other provisions shall remain in full force and effect. (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any covered by this policy and determined the premium charged therefor in reliance upon method, including litigation and the completion of any appeals, it shall have fully the law affecting interests in real properly and applicable to the interpretation, rights, performed its obligations with respect to that matter and shall not be liable for any loss remedies, or enforcement of policies of tifle insurance of the jurisdiction where the or damage caused to the Insured. Land is located. Therefore, the court or an arbitrator shall apply the law of the (b) In the event of any litigation, including litigation by the Company or with the Company's jurisdiction where the Land is located to determine the validity of claims against the consent, the Company shall have no liability for loss or damage until there has been a Title that are adverse to the Insured and to interpret and enforce the terms of this final determination by a court of competent jurisdiction, and disposition of all appeals, policy. In neither case shall the court or arbitrator apply its conflicts of law principles to adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the voluntarily assumed by the Insured in settling any claim or suit without the prior written Company must be filed only in a state or federal court within the United States of consent of the Company. America or its territories having appropriate jurisdiction. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the expenses, shall reduce the Amount of Insurance by the amount of the payment. Company under this policy must be given to the Company at 215 Columbia Street, Seattle, Washington 981041511. ALTA OWNER'S POLICY - 6 -17 -06 Standard Coverage PACIFIC NORTHWEST TITLE INSURANCE COMPANY, INC. A.L.T.A. OWNER'S POLICY SCHEDULE A Order No.: 645360 Policy No.: 2061 - 9004759 Policy Date: April 28, 2009 Amount: $47,800.00 at 14:49 p.m. Premium: $450.00 1. Name of Insured: CITY OF FEDERAL WAY, a Washington municipal corporation 2. The estate or interest in the land described herein and which is covered by this Policy is: FEE SIMPLE as to Parcel A and AN EASEMENT for utilities upon and subject to the terms and conditions therein contained, as created by that certain easement recorded under King County Recording Number 20090428001482 3. The estate or interest referred to herein is at date of Policy vested in: CITY OF FEDERAL WAY, a Washington municipal corporation 4. The land referred to in this Policy is described as follows: EASEMENT: The south 20 feet of the north 25.00 feet of the east 10.00 feet of the west 22 feet of the hereinafter described Parcel "A "; Parcel "A ": Lot 13, Firetree Estates, according to the plat thereof recorded in Volume 86 of Plats, page 26, in King County, Washington. Standard Coverage PACIFIC NORTHWEST TITLE INSURANCE COMPANY, INC. A.L.T.A. OWNER'S POLICY SCHEDULE B Policy No.: 2061 - 9004759 This policy does not insure against loss or damage by reason of the following: GENERAL EXCEPTIONS: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public record. 3. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey or inspection of the premises. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records, or liens under the Workmen's Compensation Act not shown by the public records. 5. Any title or rights asserted by anyone including but not limited to persons corporations, governments or other entities, to tide lands, or lands comprising the shores or bottoms of navigable rivers, lakes, bays, ocean or sound, or lands beyond the line of the harbor lines as established or changed by the United States Government. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 7. Taxes or special assessments which are not shown as existing liens by the public records. 8. Any service, installation, connection, maintenance, capacity, or construction charges for sewer, water, electricity or garbage removal. 9. Indian tribal codes or regulations, Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes. SPECIAL EXCEPTIONS: As on Schedule B, attached. I . SPECIAL EXCEPTIONS: SCHEDULE B Page 2 Policy No.: 2061- 9004759 1. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: Lakehaven Sewer District, a municipal corporation A sewer main with the necessary appurtenances Westerly 10 feet of said premises January 19, 1962 5377556 Said easement is also delineated on the face of the plat. 2. RESTRICTIONS CONTAINED ON THE FACE OF THE PLAT AS FOLLOWS: No lot or portion of a lot in this plat shall be sold or resold, or ownership transferred whereby the ownership of any portion of this plat shall be less than the area required for the use district in which it is located and called for a minimum size in the regulations. 3. RESERVATIONS AND EXCEPTIONS CONTAINED IN DEED FROM NORTHERN PACIFIC RAILROAD COMPANY: Reserving and excepting from said lands so much or such portions thereof as are or may be mineral lands or contain coal or iron, and also the use and the right and title to the use of such surface ground as may be necessary for mining operations and the right of access to such reserved and excepted mineral lands, including lands containing coal or iron, for the purpose of exploring, developing and working the same. RECORDING NUMBER: 274461 NOTE: No examination has been made to determine the present record owner of the above minerals, or mineral lands and appurtenant rights thereto, or to determine matters which may affect the lands or rights so reserved. (continued) . r . SCHEDULE B Page 3 Policy No.: 2061 - 9004759 4. EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED: FROM: WM. A. Gaines, Treasurer of King County DATED: August 16, 1920 RECORDED: August 17, 1920 RECORDING NUMBER: 1443475 INCLUDING BUT NOT LIMITED TO THE FOLLOWING: Grantor reserves all coal and minerals and right to explore and mine. NOTE: No examination has been made to determine the present record owner of the above minerals, or mineral lands and appurtenant rights thereto, or to determine matters which may affect the lands or rights so reserved. END OF SCHEDULE B CG /jb 1�a rce', PACIFIC NORTHWEST TITLE Company of Washington, Inc. City of Federal Way 33325 8th Avenue South PO Box 9718 Federal Way, WA 98063 -9718 Attn: Brian Roberts, Street Systems Project Order No.: 645350 A6©& -IV Pared of RECEIVED FEB 12 2010 PUBLIC WORKS DEPARTMENT Enclosed is your Policy for Title Insurance on the above - referenced transaction. Thank you for the opportunity of serving you. Please do not hesitate to call us locally at (206)622 -1040 or statewide at 1- 800 - 634 -5544. We look forward to working with you again. Curtis Goodman Title Officer Unit No. 12 215 Columbia Street & Seattle, WA 98104 -1511 & (206) 622 -1040 & Fax: (206) 343 -1358 http: / /pnwt.com OWNER'S POLICY OF TITLE INSURANCE ISSUED BY Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, PACIFIC NORTHWEST TITLE INSURANCE COMPANY, INC., a Washington corporation (the "Companyl insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or govemmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5'd a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Tide as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any mater insured against by this Policy, but only to the extent provided in the Conditions. 0- 2061 - 9004796 ALTA OWNER'S POLICY - 6 -17-06 PnCIi• [C N lr Insumnue Company, Inc. President Countersigned by: g��eu rr F dam_ e � Authorized Signatory SEAL PACIFIC NORTHWEST TITLE cPn Washington 0- 2061 - 9004796 ALTA OWNER'S POLICY - 6 -17-06 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of. 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (N) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. CONDITIONS DEFINITION OF TERMS The following terms when used in this policy mean: (a) 'Amount of Insurance: The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 11 and 12 of these Conditions. (b) 'Date of Policy: The date designated as 'Dots of Pocky in Schedule A. (c) 'Entity: A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) Insured': The Insured named in Schedule A. () The term 'Insured' also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors lo an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion lo another kind of Entity; (D) a grantee of an Insured under a dead defivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured, (2) n the grantee wholly owns the named Insured, (3) if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) 'Insured Claimanf: An Insured claiming loss or damage. () 'Knowledge' or'Known': Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) 'Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The term'Land° does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys lanes, ways, or waterways, but this does not modify or limn the extent that a right of access to and from the Land is insured by this policy. (h) 'Mortgage': Mortgage, dead of cost bust deed, or other security instrument, including one evidenced by electronic means authorized by law. (f) 'Public Records': Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), 'Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. "fide": The estate or interest described in Schedule A. (k) 'Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, base, or lend if there is a contractual condition requiring the delivery of marketable title. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (f) an estate or interest in the Land, or n an obligation secured by a purchase money Mortgage given to the Insured. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing @ in rase of any litigation as set forth in Section 5(a) of these Conditions, (d) in rase Knowledge shag come b an Insured hereunder of arty claim of till or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (fi) I the Title, as insured, is rejected as Unmarketable Tide. If the Company is prejudiced by the fall re of the Insured Claimant to provide prompt notice, the Conparr/s liability to the Insured Claimant under the policy shall be reduced to the extant of the prejudice. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other mother insured agakmst by this policy that constitutes the basis of loss or damage and shad stab, to the extent possible, the basis of calculating the amount of the loss or damage. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at fin own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those staled causes of action alleging matters insured against by this policy. The Company shad have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be Noble for and will not pay the fees of any other counsel. The Company win not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the option cont*W in Section 7 of these Conditions, at its own cost to institute and prosecute any action or proceeding or to do any other act that in He opinion may be necessary or desirable to establish the Title, as Insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terns of this policy, whether or not it shah be gable to the Insured. The exercise of these rights shall not be an admission of liabi ly or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so ddigendy. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of conpetentjurisdlctan, and it expressly reserves the right in He sole disaedon, to appeal any adverse judgment or order. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shah secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (I) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting setlernent, and (h) in any other WMI act that in the opinion of the Company may be necessary or desirable to establish the Title or any other metier as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminal, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matte or matters requiring such cooperation. (b) The Company may reasons* require the Insured Claimant lo submit to examination undo oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e- malls, disks, tapes, and videos whether bearing a data before or after Dab of Policy, that reasonably pertain to the loss or damage. ALTA OWNER'S POLICY - 6 -17-06 CONDITIONS Continued (continued and concluded from reverse side of Policy Face) Further, if requested by any authorized representative of the Company, the Insured Claimant 11, LIABILITY NONCUMULATIVE shall grant its permission, in wdfing, for any authorized representative of the Company to The Amount of Insurance shall be reduced by any amount the Company pays under any examine, inspect, and copy all of these records in the custody or control of a third party that policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured reasonably pertain to the loss or damage. All information designated as confidential by the has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to Policy and which is a charge or lien on the Title, and the amount so pad shall be deemed a others unless, in the reasonable judgment of the Company, it is necessary in the payment to the Insured under this policy. administration of the clam. Failure of the Insured Clamant to submit for examination under 12. PAYMENT OF LOSS oath, produce any reasonably requested information, or grant permission to secure When liability and the extent of loss or damage have been definitely fixed in accordance with reasonably necessary information from third parties as required in this subsection, unless these Conditions, the payment shall be made within 30 days. prohibited by law or governmental regulation, shall terminate any liability of the Company 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT under this policy as to that claim. (a) Whenever the Company shall have settled and pad a dam under this policy, it shall OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY be subrogaied and entitled to the rights of the Insured Clamant in the Title and all In case of a clam under this policy, the Company shall have the following additional options: other rights and remedies in respect to the clam that the Insured Clamant has against (a) To Pay or Tender Payment of the Amount of Insurance. any person or properly, to the extent of the amount of any loss, costs, attorneys' fees, To pay or tender payment of the Amount of Insurance under this policy together with and expenses pad by the Company. If requested by the Company, the Insured any costs, attomeys' fees, and expenses incurred by the Insured Gaimant that were Clamant shall execute documents to evidence the transfer to the Company of these authorized by the Company up to the time of payment or tender of payment and that rights and remedies. The Insured Claimant shall permit the Company to sue, the Company is obligated to pay. compromise, or settle in the name of the Insured Clamant and to use the name of the Upon the exercise by the Company of this option, all liability and obligations of the Insured Claimant in any transaction or litigation involving these rights and remedies. If Company to the Insured under this policy, other than to make the payment required in a payment on account of a Gam does not fully cover the loss of the Insured Clamant, this subsection, shall terminate, including any liability or obligation to defend, the Company shall defer the exercise of its right to recover until after the Insured prosecute, or continue any litigation. Claimant shall have recovered its loss. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured (b) The Company's right of subrogation includes the rights of the Insured to indemnities, Claimant. guaranties, other policies of insurance, or bonds, notwithstanding any terms or (i) To pay or otherwise settle with other parties for or in the name of an Insured conditions contained in those instruments that address subrogation rights. Claimant any clam insured against under this policy. In addition, the Company 14. ARBITRATION will pay any costs, attomeys' fees, and expenses incurred by the Insured Either the Company or the Insured may demand that the dam or controversy shall be Claimant that were authorized by the Company up to the time of payment and submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American that the Company is obligated to pay; or Land Title Association ('Rules"). Except as provided in the Rules, there shall be no joinder or (ii) To pay or otherwise settle with the Insured Claimant the loss or damage provided consolidation with clams or controversies of other persons. Arbitrable maths may include, for under this policy, together with any costs, attomeys' fees, and expenses but are not limited to, any controversy or clam between the Company and the Insured incurred by the Insured Claimant that were authorized by the Company up to the arising out of or relating to this policy, any service in connection with its issuance or the fine of payment and that the Company is obligated to pay. breach of a policy provision, or to any other controversy or dam arising out of the Upon the exercise by the Company of either of the options provided for in subsections transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is (b)(i) or (ii), the Company's obligations to the Insured under this policy for the clamed $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. Al loss or damage, other than the payments required to be made, shall terminate, arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be including any liability or obligation to defend, prosecute, or continue any litigation. arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to 1. DETERMINATION AND EXTENT OF LIABILITY this policy and under the Rules shall be binding upon the parties. Judgment upon the award This policy is a contract of indemnity against actual monetary loss or damage rendered by the Arbitrelor(s) may be entered in any court of competent jurisdiction. sustained or incurred by the Insured Clamant who has suffered loss or damage by 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT reason of matters insured against by this policy. (a) This policy together with all endorsements, if any, attached to it by the Company is the (a) The extent of liability of the Company for loss or damage under this policy shall not entire policy and contract between the Insured and the Company. In interpreting any exceed the lesser of provision of this policy, this policy shall be construed as a whole. (1) the Amount of Insurance; or (b) Any claim of loss or damage that arises out of the status of the Title or by any action (ii) the difference between the value of the Tide as insured and the value of the Title asserting such clam shall be restricted to this policy. subject to the risk insured against by this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated (b) If the Company pursues its rights under Section 5 of these Conditions and is by an authorized person, or expressly incorporated by Schedule A of this policy. unsuccessful in establishing the Title, as insured, (d) Each endorsement to this policy issued at any time is made a part of this policy and is (i) the Amount of Insurance shall be increased by 10 %, and subject to all of its terms and provisions. Except as the endorsement expressly states, (ii) the Insured Clamant shall have the right to have the loss or damage determined it does not (i) modify any of the terns and provisions of the policy, (if) modify any either as of the date the claim was made by the Insured Claimant or as of the prior endorsement, (iii) extend the Date of Policy, or (N) increase the Amount of date it is settled and pad. Insurance. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those 16. SEVERABILITY routs, attomeys' fees, and expenses incurred in accordance with Sections 5 and 7 of n the event any provision of this policy, in whole or in part, is held invalid or unenforceable these Conditions. under applicable law, the policy shall be deemed not to include that provision or such part I. LIMITATION OF LIABILITY held to be invalid, but all other provisions shall remain in full force and effect. (a) If the Company establishes the Tide, or removes the alleged defect, lien, or 17. CHOICE OF LAW; FORUM encumbrance, or cures the lack of a right of access to or from the Land, or cures the (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks clam of Unmarketable Title, all as insured, in a reasonably diligent manner by any covered by this policy and determined the premium charged therefor in reliance upon method, including litigation and the completion of any appeals, it shall have fully the law affecting interests in real property and applicable to the interpretation, rights, performed its obligations with respect to that matter and shall not be liable for any loss remedies, or enforcement of policies of title insurance of the jurisdiction where the or damage caused to the Insured. Land is located. Therefore, the court or an arbitrator shall apply the law of the (b) In the event of any litigation, including litigation by the Company or with the Company's jurisdiction where the Land is located to determine the validity of dams against the consent, the Company shall have no liability for loss or damage until there has been a Title that are adverse to the Insured and to interpret and enforce the terms of this final determination by a court of competent jurisdiction, and disposition of all appeals, policy. In neither case shall the court or arbitrator apply its conflicts of law principles to adverse to the Title, as insured. determine the applicable law. (c) The Company shall not be liable for loss or damage to the Insured for liability (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the voluntarily assumed by the Insured in selling any clam or suit without the prior written Company must be filed only in a state or federal court within the United States of consent of the Company. America or its territories having appropriate jurisdiction. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY 18. NOTICES, WHERE SENT All payments under this policy, except payments made for costs, attomeys' fees, and Any notice of clam and any other notice or statement in writing required to be given to the expenses, shall reduce the Amount of Insurance by the amount of the payment Company under this policy must be given to the Company at 215 Columbia Street, Seattle, Washington 981041511. ALTA OWNER'S POLICY - 6 -17 -06 Standard Coverage PACIFIC NORTHWEST TITLE INSURANCE COMPANY, INC. A.L.T.A. OWNER'S POLICY SCHEDULE A Order No.: 645350 Policy No.: 2061 - 9004796 Policy Date: April 28, 2009 Amount: $46,400.00 at 12:04 p.m. Premium: $350.00 1. Name of Insured: CITY OF FEDERAL WAY, a Washington municipal corporation 2. The estate or interest in the land described herein and which is covered by this Policy is: FEE SIMPLE 3. The estate or interest referred to herein is at date of Policy vested in: CITY OF FEDERAL WAY, a Washington municipal corporation 4. The land referred to in this Policy is described as follows: As on Schedule A, page 2, attached. SCHEDULE A Page 2 Policy No.: 2061- 9004796 The land referred to in this policy is in the State of Washington, and described as follows: That portion of the hereinafter described Parcel "A ", described as follows: Beginning at the northwest corner of said Parcel "A ", also being the intersection of the east margin of Pacific Highway South (SR99) and the south margin of the South 310 Street; Thence south 88 0 25 , 54" east along said south margin, 32.23 feet; Thence south 01 west, 2.00 feet to a line that is 2.00 feet south of and parallel with said south margin; Thence north 88 west along said parallel line, 3.10 feet; Thence southwesterly on a curve to the left whose tangent center bears south 01 0 34 1 06" west, 19.00 feet, an arc distance of 21.17 feet to a line that is 12.00 feet east of and parallel with the east margin of Pacific Highway South (SR99); Thence south 01 0 12 1 06" west along said parallel line, 87.50 feet to the south line of said Parcel "A "; Thence north 88 0 18 1 49" west along said south line, 12.00 feet to the southwest corner of said Parcel "A "; Thence north 01 0 12 1 06" east along said east margin, 100.18 feet to the point of beginning. PARCEL "A" The west half of Lot 42, Solano Heights, according to the plat thereof recorded in Volume 30 of Plats, page 8, in King County, Washington. END OF SCHEDULE A Standard Coverage PACIFIC NORTHWEST TITLE INSURANCE COMPANY, INC. A.L.T.A. OWNER'S POLICY SCHEDULE B Policy No.: 2061- 9004796 This policy does not insure against loss or damage by reason of the following: GENERAL EXCEPTIONS: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public record. 3. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey or inspection of the premises. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records, or liens under the Workmen's Compensation Act not shown by the public records. 5. Any title or rights asserted by anyone including but not limited to persons corporations, governments or other entities, to tide lands, or lands comprising the shores or bottoms of navigable rivers, lakes, bays, ocean or sound, or lands beyond the line of the harbor lines as established or changed by the United States Government. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 7. Taxes or special assessments which are not shown as existing liens by the public records. 8. Any service, installation, connection, maintenance, capacity, or construction charges for sewer, water, electricity or garbage removal. 9. Indian tribal codes or regulations, Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes. SPECIAL EXCEPTIONS: As on Schedule B, attached. SPECIAL EXCEPTIONS: SCHEDULE B Page 2 Policy No.: 2061 - 9004796 1. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE: Lakehaven Sewer District, a municipal corporation PURPOSE: For a sewer main with the necessary appurtenances AREA AFFECTED: Westerly 10 feet of said premises RECORDED: January 19, 1962 RECORDING NUMBER: 5377502 2. RESERVATIONS AND EXCEPTIONS CONTAINED IN DEED FROM NORTHERN PACIFIC RAILROAD COMPANY: Reserving and excepting from said lands so much or such portions thereof as are or may be mineral lands or contain coal or iron, and also the use and the right and title to the use of such surface ground as may be necessary for mining operations and the right of access to such reserved and excepted mineral lands, including lands containing coal or iron, for the purpose of exploring, developing and working the same. RECORDING NUMBER: 275255 NOTE: No examination has been made to determine the present record owner of the above minerals, or mineral lands and appurtenant rights thereto, or to determine matters which may affect the lands or rights so reserved. END OF SCHEDULE B CG /mlh { Return Address: City of Federal Way Attn: Brian Roberts, Street Systems Project Engineer 33325 8th Avenue South P. O. Box 9718 Federal Way, WA 98063 -9718 CONFORMED COPY 20100211000949 PACIFIC NW TIT PREL 64.00 PAGE -001 OF 003 02/11/2010 15:45 PARTIAL RELEASE OF EASEMENT For ACCESS, INGRESS AND EGRESS MOHAMMAD A. SAEED and TABASSUM SAEED, husband and wife (Grantors). hereby release that portion of an Access, Ingress and Egress Easement recorded under recording number 20040402001076, located within that portion of King County Assessor's tax parcel number 042104 -9237 (the "Property") and legally described on Exhibit "A" and depicted in Exhibit "A -1 ". Grantors hereby expressly except and reserve to themselves any and all interest otherwise acquired in the Easement and in said Property, except as released above. DATED this � ) day of , 2009. G ORS , Mohammad A. Saeed Tabassum Saeed STATE OF WASHINGTON ss. COUNTY OF KING I certify that I know or have satisfactory evidence that Mohammad A. Saeed and Tabassum Saeed, husband and wife, are the persons who appeared before me, and said persons acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as their free and voluntary act for the uses and purposes mentioned in the instrument. DATED this 4t day of Df C hnb t'ti' , 2009. (SEAL) �& OA No Publics J M. T�, Residing at j: Cfh y I i✓i !I 1 �5 ,ssion F� < <� My appointment expires �� Gl,W Z,p Z vo�OTAig.j. �- J - - -- �A �1BLIG �ti p 1 \t w ExH isirA PARCEL NQ. 04ZI04 -9237 RIGHT OF iWfAY THAT PORTION OF THE' HEREWAFTER DESCRIBED PARCEL A", LYING EAST OF A LINE THAT IS 62.00 T $WST OF AND PARALLEL WITH THE CENTERLINE OF PACIFIC HIGHWAY SOUTH (SR 99). EWWt THE NORTH 83 FEET THEREFROM, TOGETHER WITH THE NORTH 83 FEET OF THE HEREINAFTER DESCRIBED PARCEL W,, LYING EAST OF LM THAT IS 61.00 FEET WEST OF AND P'ARALLE'L WITH THE CENTERLM E OF PACIFIC HIGHWAY SOU 174 (SR 99). CONTAINING 3,524 SQUARE FEET. MORE OR LESS. PARCM -A- (PER FACRC NORTHWEST TITLE COMPANY ORDER NO 64x 5 377, DATED FEB. 22, 2007) THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWES T QUARTER OF SECTION 4. TOWNSHIP 21 NORTH, RANGE 4 EAST, W Afi , IN RING COUNTY, WASHINGTON, DESCRIBED AS FOLLOM BEGINNING AT THE SOUTHWEST CORNIER OF SAID SECTION 4, THENCE NORTH 89'21Y 04' EASTALONG THE SOUTH LINE OF SAID SUBDIVISION 30.00' FEET TO THE EASTLIE OF THE WEST 30.00 FEIr T" IN WIDTH OF SAID SUBDI VISION, THENCE NORTH 00* 36° 37 MESTALONG SAID EAST LINE 156.00 FEET TO THE TRUE POINT OF BEGINNING. THENCE CONTINUING NORTH 00' 36' 37 W'ESTALONNG SAID EAST LINE AND ALONG 'THE EASTEW Y M4RC- -W OF le AVENUE SOUTH, A DISTANCE OF 400.00 FEET TO TN€ NORTH LINE OF THE SOUTH MO .00 FE67IN WIDTH OF SAID SURDI WSIOAL THENCE NORTH 88' 29'W EAST ALONG SAID NORTH LINE 250.58 FEET TO INTERSECT 77-IE WEST SKY MARGIN OF PACIFIC HIGHWAY SOUTH AT A POINT ON A CARVE FROM WHICH THE CENTER LIES NORTH 88' 27°40" WEST 3680.00 FEET. THENCE SOUTHERLY ALONG SAID WGHWAY MARGIN AND ALONG SAID CURVE TO THE RIGHT 7KROUGH A CENTRAL ANGLE OF 03'01' AN ARC DIS 7'ANCE OF 300.60 FEET TO THE NORTH LINE OF THE SOUTH 260.00 FEET IN MDTH OF SAID SU IN NVISION, 7HENCE SOUTH 69' 29' WEST ALONG SAID NORTH LINE` 115.37 FEET; THENCE SOUTH 00' 36' 37" €AST 105.00 FEET TO T71E NORTH LINE OF THE SOUTH 155.00 FEET IN WIDTH OF SAID SUBDIVISION. THENCE' SOUTH 89° 29' 04' WEST ALONG SAID NORTH LINE If 6.00 FEET TO THE TRUE POINT OF BEGINNING. ,sLIRwYwy s MOTE THE CENtTERLAVE OF PACIFIC HIGHWAY SOUTH (SR 991 IS BASED ON THE RIGHT OF WAY PLANS FOR SR 99 NOV LANES PHASE 4 (AG 0642 -7), ON FILE WITH THE CITY OF FEDERAL WAY PUBLIC WORKS. ROW LEGAL 39 -- N m 39 pap 1 at I .p'`c= TACOMA- SEATTLI SW 114 SQL' 4. T 21 M, R.4C + IKAL OM W - 925 PPOPERN LW I r.• WW AWA --�- PAR M 0400+-- Mrs ftw Ro H pmm Ka 04 CL E 3 ; SWt 14 2M 4� #rG Ma m AW Nw fY IO+— " 7 row EXHOT PARCEL NO. 042104-9237 RIGHT of WAY 3