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AG 12-115 RETURN TO: o EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: A"� l 2. ORIGINATING STAFF PERSON:�' EXT: I ) 3. DATE REQ. BY: 4. TYPE OF DOCUMENT(CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB, RFP,RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BONDRELATEDDOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION XCONTRACT AMENDMENT(AG#): I Z^�1S ❑ INTERLOCAL OTHER 5,,ff}e YW'-,�'�- � 1 5. PROJECT NAME: _ 6. NAME OF CONTRACTOR: L 1 N�L . ADDRESS: r `'' f- L. �1 S161 TELEPHONE 2.01, �j1 t'l _-55 `2 E-MAIL: FAX: SIGNATURE NAME: � ��, l TITLE V 7. 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 8. TERM: COMMENCEMENT DATE: J !7 J �v)7 COMPLETION DATE: 3/3O/ 1 9. TOTAL COMPENSATION$•� 2 5j I. 26-1 105.L9 �/�� 'G �_ (INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR CHARG ATTACH 4CHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE:❑YES ONO IF YES,MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑YES ❑NO IF YES,$ PAID BY:❑CONTRACTOR❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: 30? 1 $ 010- I-1 1-= 1 4-1-2 U / I 10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED ,PROJECT MANAGER 3.4 • lc ❑ DIRECTOR ❑ RISK MANAGEMENT OF APPLICABLE) ❑ LAW S' 3S Itf 11. COUNCIL APPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: 3J t / 5 DATE REC'D: /IS ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES,EXHIBITS INITIAL/DATE SIGNED X LAW DEPARTMENT UYZ,C, 3 (Oki ❑ CHEF OF STAFF SIGNATORY(MAYOR OR DIRECTOR) F1 CITY CLERK Ji I refw r: • SSIGNED AG# AG# - 'SIGNED COPY RETURNED DATE SENT: COMMENTS: 11/9 P SUPPLEMENT NO. 4 CITY OF FEDERAL WAY LOCAL AGENCY STANDARD CONSULTANT AGREEMENT FOR PANTHER LAKE TRAIL PROJECT DESIGN SERVICES The local agency of the City of Federal Way desires to supplement the agreement entered into with Huitt-Zollars, Inc. effective the 8th of August, 2012, identified as Agreement No. 12- 115 as supplemented by Supplement No. 1 on October 3, 2013, Supplement No. 2 on March 7, 2014, and Supplement No. 3 on November 24, 2014. All provisions in the Agreement remain in effect except as expressly modified by this supplement, "Supplement No.4". The changes to the Agreement are described as follows: I Section II, Scope of Services, shall be amended to include those additional services more particularly described in Exhibit "A-4" attached hereto and incorporated by this reference (Additional Services). I I Section IV, Time for Beginning and Completion, shall be amended to extend the completion date to May 30, 2015. HI Section V, Payment,the maximum amount payable under this Supplement No. 4 inclusive of all fees and other costs is Three Thousand Two Hundred Fifty-one and 40/100 Dollars ($3,251.40) for a total amount payable to the Contractor pursuant to the Agreement, Supplement No. 1, Supplement No. 2, Supplement No. 3 and this Supplement No. 4, inclusive of all fees and other costs to be an amount not to exceed Two Hundred Sixty-seven Thousand One Hundred Five and 24/100 Dollars ($267,105.24). IV 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 No. 1, is hereby ratified as having been performed under the Agreement as it existed prior to this supplement. AA ��/ Signed this day of '' Ira-/ , 2015. HUITT-ZOLLARS CITY OF FEDERAL WAY By: L/ /_ B : dr - ._/� l "r c. J. all y ''-rrell Its: Vice resident Its: Mayor 818 .tewart Street, Suite 1120 33325 8th Ave S Seattle, WA 98101 Federal Way, WA 98003 APPROVED AS TO FORM: -n9( Amy Jo Pearsall, City Attorney r )(,\ \ A -LA AMENDMENT#4 TO AGREEMENT AUTHORIZATION FOR ADDITIONAL SERVICES (CLAIM) Date: February 27, 2015 Agency/Owner: City of Federal Way Project: Panther Lake Trail Project Design Services HZ Job No.: 15-1048-01 Services Requested By: City of Federal Way The City of Federal Way hereby authorizes Huitt-Zollars, Inc. (HZ)to perform Additional Services to modify current 100% Plans and Engineer's Opinion of Probable Construction Cost (OPC) by revising the parking lot design to decrease its size from 40 stalls to 21 stalls. These proposed Additional Services shall be designated under a new Task 403 as an amendment to the original agreement between the City and Huitt-Zollars. In addition, a portion of the remaining reimbursable budget for this project is transferred to Task 402 to allow the consultant billing for time accrued during the 100% P S&E Modification Phase. Scope for Additional Services: Task 403 Panther Lake Trail 100% PS&E Design Modification Per direction given by Federal Way to Huitt-Zollars, the Panther Lake Trail Project design will be modified from the current 100% Plans, Specifications (including Bid Form) and OPC to incorporate the following: 1. Modify Plan Set Modify two parking lot sheets (CG401 and CP401) in plan set to show a 21 stall parking lot by way of"marking on"the plan sheets and notes to provide for a 21 space parking lot. The 40 stall parking lot, will continue to be shown on other plan sheets as-is(with no revisions shown). No other plan sheets are anticipated to be modified and no new sheets are anticipated to be created. 2. Modify Bid Form Modify Bid Form quantities to reflect the 21 stall parking lot. 3. Modify OPC Modify OPC bid item quantities to reflect the 21 stall parking lot. Page 1 of 3 Amendment to Agreement Costs The following is a summary of the estimated consultant fees associated with the work described above. Assumptions: Meetings, local permitting and regulatory compliance review are not included in this cost summary. Direct Total Overhead Fixed Professional Title Hours Labor Rate Fee Hourly Total Rate Rate Sr. Proj. Manager 8 $52.83 $88.07 $15.85 $156.75 $1,254.00 Civil Engineer 20 $33.66 $56.11 $10.10 $99.87 $1,997.40 Reimbursable Budget Transfer ($3,600.00) Task 402 Transfer $3,600.00 Total 40 $3,251.40 The compensation shall be based on a cost plus fixed fee basis, per the original Agreement's rate schedule, for the sum of THREE THOUSAND TWO HUNDRED FIFTY ONE DOLLARS AND FOURTY CENTS ($3,251.40). Schedule The following schedule of deliverables assumes an Additional Services Agreement Approval and Notice to Proceed from Federal Way by March 4, 2015. Item Deliverable Date 100% PS&E Modifications March 13, 2015 Page 2 of 3 RETURN TO: 1 --s EXT: G 5 0 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/Div: PUBLIC WORKS / STREETS -PARKS PROJECT 2. ORIGINATING STAFF PERSON: JOHN MULKEY EXT: 2722 3. DATE REQ. BY:ASAP 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT Cl 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#): 12-115 ❑ INTERLOCAL ❑ OTHER SUPPLEMENT NO.3 5. PROJECT NAME: PANTHER LANE TRAIN PROJECT DESIGN SERVICES 6. NAME OF CONTRACTOR: HUITT ZOLLARS INC.. ADDRESS: 818 STEWART STREET, SUITE 1120, SEATTLE, WA 98101 TELEPHONE:206- 4324 -5500 E -MAIL: FAX: SIGNATURE NAME: FRANCIS WALL TITLE: VICE PRESIDENT 7. 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 #101436 BL, ExP. 12/31/2014 UBI# 601729288 , Exp. 7/31/2015 8. TERM: COMMENCEMENT DATE: AUGUST 8, 2012 COMPLETION DATE: EXTEND TO 3/31/2015 9. TOTAL COMPENSATION: $10,754.15/$263,853.84 TOTAL (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $800/23,893.71 (TOTAL) IS SALES TAX OWED: Cl YES ❑ NO IF YES, $ PAID BY. ❑ CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: 303 - 7100 - 141 - 594 -26 -411 10. DOCUMENT/ CONTRACT REVIEW * PROJECT MANAGER ❑ DIVISION MANAGER DEPUTY DIRECTOR • DIRECTOR • RISK MANAGEMENT (IF APPLICABLE) ❑ LAW DEPT 11. C INITIAL / DATE RE IEW D 32L/L-, / v 5 I / q AOF lK INITIAL/ DATE APPROVED COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING r, rr /�, I • SENT TO VENDOR/CONTRACTOR DATE SENT: DATE RECD: • ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS INITIAL/ DATE SIGNED ❑ LAW DEPT SIGNATORY (CM OR DIRECTOR) CITY CLERK� Nasi� K�� ASSIGNED AG # AG# V "SIGNED COPY RETURNED DATE SENT: i I 2N' `o- RETURN ONE ORIGINAL COMMENTS: EXECUTE" 2 "ORIGINALS kc P�tu 1 aU. 5aw� -P-vv+ 11/9 SUPPLEMENT NO. 3 CITY OF FEDERAL WAY LOCAL AGENCY STANDARD CONSULTANT AGREEMENT FOR PANTHER LAKE TRAIL PROJECT DESIGN SERVICES The local agency of the City of Federal Way desires to supplement the agreement entered into with Huitt - Zollars, Inc. effective the 8th of August, 2012, identified as Agreement No. 12- 115 as supplemented by Supplement No. 1 on October 3, 2013 and Supplement No. 2 on March 7, 2014. All provisions in the Agreement remain in effect except as expressly modified by this supplement, "Supplement No. 3 ". The changes to the Agreement are described as follows: Section II, Scope of Services, shall be amended to include those additional services more particularly described in Exhibit "A -3" attached hereto and incorporated by this reference (Additional Services). Section IV, Time for Beginning and Completion, shall be amended to extend the completion date to March 31, 2015. Section V, Payment, the maximum amount payable under this Supplement No. 3 inclusive of all fees and other costs is Ten Thousand Seven Hundred Fifty -four and 15/100 Dollars ($10,754.15) for a total amount payable to the Contractor pursuant to the Agreement, Supplement No. 1, Supplement No. 2 and Supplement No. 3 inclusive of all fees and other cost to be an amount not to exceed Two Hundred Sixty -three Thousand Eight Hundred Fifty - three and 84/100 Dollars ($263,853.84). 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 the Supplemental Agreement. IV 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 No. 1, is hereby ratified as having been performed under the Agreement as it existed prior to this supplement. Signed this day of . r_10ke 2014. HUITT Its: nci5f J. Nart Street, Suite 1120 WA 98101 CITY OF FEDERAL WAY t By: er I Its: Mayor 33325 8th Ave S Federal Way, WA 98003 APPROVED AS TO FORM: Amy Jo Pearsall, City Attorney �:Atil'R} ?I:I;S \PRO�P,CI:ti \panther Lakc Open Spacc Trail Yrojcct \llcsifvi\ Contract \Supplemcnts \SUPPI,I? \4h:N '1' NO 3.docx 9x1+1911 A-3 AMENDMENT #3 TO AGREEMENT AUTHORIZATION FOR ADDITIONAL SERVICES (CLAIM) Date: October 24, 2014 Agency /Owner: City of Federal Way Project: Panther Lake Trail Project Design Services HZ Job No.: 15- 1048 -01 Services Requested By: City of Federal Way Agency (City of Federal Way) hereby authorizes Huitt - Zollars, Inc (HZ). to perform Additional Services to modify current 100% Plans, Specifications and Engineer's Opinion of Probable Construction Cost (OPC) based on a design proposed by the City. These proposed Additional Services shall be designated under a new Task 402 as an amendment to the original agreement between the City and Huitt- Zollars. Scope for Additional Services: Task 402 Panther take Trail 100% PS&E Design Modification Per recent discussions between the City and HZ, the Panther Lake Trail Project design will be modified from the current 100% Plans, Specifications and OPC to incorporate the following items: 1. Modify trail on berm base course section depth: Modify the berm trail section to show 2" existing top removal and 2" new CSBC addition, instead of the previously shown 4" removal and 4" addition. Berm trail sections are located from station 105 +00 to 114 +65, and 118 +65 to 120 +32. HZ will revise applicable base course quantities and update the April 10, 2014 100% OPC to reflect new quantities. 2. , Remove trail gravel borrow section: Modify the trail section to remove the 12" of gravel borrow (driveway and parking lot borrow sections to remain). Assumes subgrade will be compacted per geotechnical recommendation. The locations of gravel borrow removal are from the BPA Trail at the SW Campus Drive frontage to station 105 +00, station 114 +65 to 118 +65, and station 120 +32 to 138 +15. HZ will revise gravel borrow and grading quantities and update the April 10, 2014 100% OPC to reflect new quantities. 3. Minimize pit run import material for trail embankment fill Per the City of Federal Way directive, modify the trail embankment design to use on -site materials as embankment fill. Include pit run import material only in the case of trail Page 1 of 4 embankment fill quantity exceeding project site embankment material cut quantity (exclusive of organic duff). HZ will revise excavation export and embankment import quantities and update the April 10, 2014 100% OPC to reflect new quantities. 4. Incorporate City's stormwater plans: Modify utility plan sheets to incorporate Federal Way's forthcoming, revised stormwater collection, conveyance and treatment system design for the parking lot area. Remove current stormwater collection, conveyance and treatment system design for the parking lot area from the utility plan sheets. The City will provide engineer's stamp for parking area storm drainage plan sheets. HZ will revise stormwater utility quantities and update the April 10, 2014 100% OPC to reflect new quantities. 5. Revise mitigation soil amendment quantities: Per they City's request, the approach to mitigation soil treatment will be reviewed and revised where practical. Switching from imported topsoil to amending site soils may P 9 P P affect plant performance of the mitigation improvements. Implementation of these changes will be at the City's risk regarding plant performance. 6. Revise the April 10, 2014 Engineer's Opinion of Probable Construction Cost per items 1 -5 above Summarize updates the Opinion of Probable Construction Cost as noted in items 1 -5 above, in a one page memorandum. Also include an update of the April 10, 2014 OPC resulting from the quantity adjustment of Items 1 -5 above. 7. Review the potential effect upon the Engineer's Opinion of Probable Construction Cost through a reduction in parking lot size: Provide a review of potential effect to the OPC by reducing the size of the project's parking area to be predominately outside of the wetland buffer sensitive area. The effect upon the project is expected to include a. A reduction in parking spaces b. Less required mitigation c. An opportunity of mitigation near the parking / SW Campus Drive. This could lower mitigation preparation, delivery and installation cost, and provide a greater opportunity for public viewing of the mitigation improvements. HZ will summarize potential parking stall reduction to (1) 30 +/- stalls and (2) parking stall area outside of sensitive area buffer. The potential effect upon the Opinion of Probable Construction Cost for the two options will be summarized in a 1 page memorandum. Page 2 of 4 Adjustments to the plans and specifications are not included in this Additional Services Agreement. Amendment to Agreement Costs The following is a summary of the estimated consultant fees associated with the tasks described above. These tasks are inclusive of one another and shall be completed consecutively /concurrently. Assumptions: Meetings, local permitting and regulatory compliance review are not included in this cost summary. Professional Title Hours Direct Labor Rate Overhead Rate Fixed Fee Total Hourly Rate Total Sr. Pro'. Manager 24 $52.83 $88.07 $15.85 $156.75 $3,762.00 Civil Engineer 62 $33.66 1 $56.11 $10.10 $99.87 $6,191.94 Watershed Co. $ 800.00 Total _ _ _ -86 _ _ i $10,753.9.4 _ The compensation shall be based on a cost plus fixed fee basis, per the original Agreement's rate schedule, for the sum of TEN THOUSAND SEVEN HUNDRED FIFTY THREE DOLLARS AND NINETY FOUR CENTS ($10,753.94). Schedule The following schedule of deliverables assumes an Additional Services Agreement Approval and Notice to Proceed from Federal Way by October 27, 2014. Item One page OPC adjustment memorandums (2 total) "In- Progress" revisions to the April 10, 2014 OPC 100% Plan Updates Revision to April 10, 2014 OPC based on plan updates Page 3 of 4 Deliverable Date November 4, 2014 November 4, 2014 November 26, 2014 November 26, 2014 Agreement It is understood and agreed that this authorization is an Amendment to the original Agreement between Agency /Owner and Huitt - Zollars, Inc. dated August 9, 2012 and incorporates by reference the terms and conditions of said Agreement. The parties h e cai Hultt-Zoll Y: Print Na Title: ' Date: By Print Name this Amendment to be executed as of the dates written below. City of Federal Way Title: �(�,� Date:27- 1 "i By: Print Name: Title: Date: Page 4 of 4 47 CD C a cl 0 O cn 7 C d 3 NC O1 N N O 0. W C o. -o x o O C D Z v cnv -oo rri c m m CD — cmn ' T -i 3 x M 3 o (D O m N w M y cn a m m p o d N m Om 'D 3 0. 0 o O A d O � � C v= 3 .Z7 W r Z m v m x v CD D r 0/ c a r" cn e o v � 3 N D ao i m ° o T N m m 3 0 0. 0 m o' 3 �, cn A N A N A N A N c m w m m rn (n � (D O � 69 O O w 0) 00 0 N O � Efl � C O O 000 (o �2 ( J 71 (D O � 6s cn O O cD (D G CD A O x O N w w w A r v o In (a W (D O A 0 w A U N N to m O N O N � j (D (J( N � o N °' 00 O A O C) T w �. T N O N N A CA (D w (n m CD (O N (D O N tO7� O (D A A D -o x o O C D Z v cnv -oo rri c m m CD — cmn ' T -i 3 x M 3 o (D O m N w M y cn a m m /a - //S ACUR "P CERTIFATE OF LIABILITY INSlIANCE DATE 21 /2 /Y4 1/21/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER McLaughlin Brunson insurance Agency, LLP 12801 North Central Expressway Suite 1710 Dallas TX 75243 CONTACT NAME: Joe A Bryant PHONE FAX A/C No Ext: (214) 503 -1212 A/C No): (214) 503 -8899 E -MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Hudson Insurance Company 25054 INSURED Huitt- Zollars, Inc. INSURER B: $ GENERAL LIABILITY INSURER C : INSURER D: 1717 McKinney Avenue Suite 1400 $ Dallas TX 75202 INSURERE: INSURER F : COVERAGES CERTIFICATE NUMBER: Cert ID 23690 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE R WVD POLICY NUMBER POLICY EFF MM /DD/YYYY POLICY EXP MM /DD/YYYY LIMITS GENERAL LIABILITY Federal Way WA 98063 p EACH OCCURRENCE $ GENERAL LIABILITY DAMAGE PREMISES Ea occurrence $ CLAIMS -MADE � OCCUR It—olmMERCIAL MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ $ POLICY PRO LOC AUTOMOBILE LIABILITY MBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIREDAUTOS AUTOS PROPERTY DAMAGE Per accident $ UMBRELLA LIAB EACH OCCURRENCE $ HOCCUR AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ WORKERS COMPENSATION I WC STATU- OTH- I ER AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR /PARTNER /EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? F NIA (Mandatory In NH) E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ If yes, describe under DESCRIPTION OF OPERATIONS below A Professional Liability N Y AEE72488 -04 1/23/2014 1/23/2015 Per Claim/ $ 1,000,000 Annual Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) The claims made professional liability coverage is the total aggregate limit for all claims presented within the annual policy period and is subject to a deductible. Thirty (30) day notice of cancellation is in favor of the certificate holder. RE: Panther Lake Trail Project Design Services CERTIFICATE HOLDER CANCELLATION ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Page 1 of 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Federal Way City Hall AUTHORIZED REPRESENTATIVE Attn: John Mulkey, PE a Federal Way WA 98063 p ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Page 1 of 1 RETURN TO: ' c `Db I CC", EXT: C "I CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATINGDEPT/DIV: PUBLICWORKS/ '),tr�y ZZ ZZ.. 3. DATE REQ. BY: /! 2. ORIGINATING STAFF PERSON: J ��i� G� ^'Gw _EXT: 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT Cl PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) Cl ORDINANCE Cl RESOLUTION Is CONTRACT AMENDMENT (AG #): ( �- �r s ❑ INTERLOCAL El OTHER S V 1 & 7, . 5. PROJECT NAME: f 0k4 i l j 714A t ' 6. NAME OF CONTRACTOR: 1) 4 - Zo U a.rS � 1 "^C ADDRESS: 5� e:.Vw� S�'rLL� Siii1'G tt E -MAIL: 1 kVti!%P, : vIit- -Zoffws.Lz�w SIGNATURE NAME: �r c7n vt c S f.0 l TELEPHONE:Z0 6 - 56' 11 -r-rVO FAX: - - /Offle TITLE: �Xl, ka - 7. EXHIBITS AND ATTACHMENTS :)g SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS CFW LICENSE # 011 -447 40- 6100 - 9-4BL, EXP. 12/31/_ UBI # i0l7 j Z&M , EXP. 1_13.1 /j�t 8. TERM: COMMENCEMENT DATE: 0611 COMPLETION DATE: Qy /b ti 9. TOTAL COMPENSATION:$ Z,-3/ Of/i61�- 1rHCy�IC� (INC LUDE EXPENSES AND SALES TAX, [FANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ffi YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ 23t 0 ;r'7 / - 70 l" l v Nc IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: 7V 3-710 V -I yl- & a y - L 6 "y I 10. DOCUMENT/ CONTRACT REVIEW [,PROJECT MANAGER ❑ DIVISION MANAGER nLDEPUTY DIRECTOR bJ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) F2f LAW DEPT 11. COUNCILAPPROVAL (IF APPLICABLE) INITIAL/ DATE REVIEWED S(�M� -Z A-7 / `1 COMMITTEE APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING • SENT TO VENDOR/CONTRACTOR DATE SENT: I3li� • ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS Lf LAW DEPT if SIGNATORY (MAYOR OR DIRECTOR) XFF CITY CLERK'�� LEI ASSIGNED AG # ❑ SIGNED COPY RETURNED o RETURN ONE ORIGINAL COMMENTS: '',,� �1 EXECUTE `ORIGINALS L� aQ IN IAL / DATE SIGNED AG# DATE SENT: INITIAL/ DATE APPROVED COUNCIL APPROVAL DATE: DATE RECD: 31-111+ 11/1 SUPPLEMENT NO.2 CITY OF FEDERAL WAY LOCAL AGENCY STANDARD CONSULTANT AGREEMENT FOR PANTHER LAKE TRAIL PROJECT DESIGN SERVICES The local agency of the City of Federal Way desires to supplement the agreement entered into with Huitt- Zollars, Inc. effective the 8th of August, 2012, identified as Agreement No. 12 -115 as supplemented by Supplement No. 1 on October 3, 2013. All provisions in the Agreement remain in effect except as expressly modified by this supplement, "Supplement No. 2 ". The changes to the Agreement are described as follows: Section IV, Time for Beoinnina and Completion, shall be amended to extend the completion date to March 31, 2014. 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 No. 1, is hereby ratified as having been performed under the Agreement as it existed prior to this supplement. Signed this day of , 2014. HUITT ZOL , NC. By: �J. W Its: Vice Presi nt 818 Stew rt Street, Suite 1120 Seattle, A 98101 CITY OF FEDERAL WAY By: yell Its: Mayor 33325 8" Ave S Federal Way, WA 98003 APP D AS RM: Patricia A. Richardson, City Attorney K: \STREETS \PROJECTS \Panther Lake Open Space Trail Project\ Design\ Contract \Supplements \SUPPLEMENT NO 2.docx RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/Div: PUBLIC WORKS / �re, l5 2. ORIGINATING STAFF PERSON: ✓�1 vi ! v� ikiQ y EXT: 2- 7 Z Z 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE): • CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) • PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT • PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT • GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/ CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION 0 CONTRACT AMENDMENT (AG #): % -// r ❑ INTERLOCAL ❑ OTHER S'^ c1Lr1� . I' =�- 5. PROJECT NAME: Ptt,,,Th.{r ' '�- ^V e 6. NAME OF CONTRACTOR: 1 S In c. ADDRESS: STe; /d/ TELEPHONE: E -MAIL: e.�1 .nl� @ Vti i+ -z.�l ^5 l FAX: z t8 - 341 - I SIGNATURE NAME: �. -t� tau S w� �I TITLE: V k-c -- -" 40-t 7. EXHIBITS ANDATTACHMENTS:,O SCOPE, WORK OR SERVICES 4 COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE GALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS CFW LICENSE #04- /04Y31-4et9l-,$o- -At BL, EXP. 12/31/] UBI # ,1pd/ 7Lq2 94 , EXP. —/—/— rt 8. TERM: COMMENCEMENT DATE: oh /l Z COMPLETION DATE: S— 5"Po1 9. TOTAL COMPENSATION: $ i z-) yLl b 61 o9 Y-67 `}9 �'- 1 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: OYES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ ei & 7/ S`' ► 4 L3� B y 3 ? 1 r k l IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY' ❑ CONTRACTOR ❑ CITY Cl PURCHASING: PLEASE CHARGE TO: 3 n S -'71e0-&1 S') LI - z6 -121 -- 10. DOCUMENT/ CONTRACT REVIEW �Z PROJECT MANAGER GER aeDEPUTY DIRECTOR q DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) LAW DEPT 11. COUNCIL APPROVAL (IF APPLICABLE) INITIAL/ DATE REV[ WED �? 1 Cl,l3't2 COMMITTEE APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING • SENTTO VENDOR/CONTRACTOR DATE SENT: 91111-A • ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS LAW DEPT SIGNATORY AYOR R DIRECTOR) �r CITY CLERK ❑ ASSIGNED AG# Cl SIGNED COPY RETURNED ❑ RETURN ONE ORIGINAL COMMENTS: EXECUTE " t " ORIGINALS INITIAL / DATE SIGNED .�.IjiVi:ll� /1A INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: DATE REC' D: ol I 21113 11/9 SUPPLEMENT NO. 1 CITY OF FEDERAL WAY LOCAL AGENCY STANDARD CONSULTANT AGREEMENT FOR PANTHER LAKE TRAIL PROJECT DESIGN SERVICES The local agency of the City of Federal Way desires to supplement the agreement entered into with Huitt- Zollars, Inc. effective the 8th of August, 2012, identified as Agreement No. 12 -115. All provisions in the Agreement remain in effect except as expressly modified by this supplement, "Supplement No. 1 ". The changes to the Agreement are described as follows: Section II, Scope of Services, shall be amended to include those additional services more particularly described in Exhibit "A -2" attached hereto and incorporated by this reference (Additional Services). II Section IV, Time for Beginning and Completion, shall be amended to extend the completion date to February 28,t3.2o1s�" Section V, Payment, the maximum amount payable under this Supplement No. 2 inclusive of all fees and other costs is Twelve Thousand Four Hundred Forty -six and 69/100 Dollars ($12,446.69) for a total amount payable to the Contractor pursuant to the Agreement and this Supplement No. 1 inclusive of all fees and other cost to be an amount not to exceed Two Hundred Fifty -tree Thousand Ninety -nine and 69/100 Dollars ($253,099.69). The attached Exhibit "E -2 ", which describes the payment for work to be performed under this Supplement No. 1, is hereby made a part of the Supplemental Agreement. IV Ratification. Any act done by either party consistent with the authority of the Agreement after the previous expiration date and prior to the effective date of this Supplement No. 1, is hereby ratified as having been performed under the Agreement as it existed prior to this supplement. Signed this :$ a day HUITT, By: Its: kipbty , X013. 81 q Stewart Street, Suite 1120 S ttle, WA 98101 CITY OF FEDERAL WAY Its: Mayor 333258 th Ave S Federal Way, WA 98003 APPROVED AS TO FORM: Patricia A. Richardson, City Attorney K: \STREETS \PROJECTS \Panther Lake Open Space Trail Project \Design \Contract \Supplements \SUPPLEMENT NO l.docc Exhibit A -2 City of Federal Way Panther Lake Trail Project Design Services Huitt- Zollars, Inc. Scope of Work Amendment #1 Description: The City has directed the Consultant to perform additional services as part of the design of the project including supplemental exhibits for presentations, additional drawings for a gathering area, an alternatives memo for the bridge crossing, additional wetland delineation and additional survey to determine trail placement on the west side of the lake as described in the scope below. Scope: Creation of Park Improvement /Equipment Supplement that provides visual examples of possible park improvements that assist the Federal Way Park Commission and City Council to visualize the Park's potential and facilitate their decisions regarding future improvements. These visual examples have been assembled to assist the City in determining elements to advance to the 85% design stage (as provided by Task 202), but are not included as an element listed for the plan exhibit (Task 202c). Deliverable: Park Improvement Supplement in pdf format. 2. Gathering Area detail illustrating the schematic plan and cross section for the potential Gathering Area adjacent to the BPA Trail. The idea of a Gathering Area had not been identified prior to the preparation of the 30% design. It is in addition to the elements identified by Task 202. Deliverable: Cross section schematic in pdf format 3. Crossing Alternatives Memo. Agency authorizes the Consultant to provide a preliminary determine of costs of alternatives for crossings of the drainage course located at the northeast corner of the Project. Alternative are to include relocation of the trail and installation of a steel pipe arch, replacement of the bridge with a steel pipe arch or leaving the bridge in place. Upon submittal of the costs the City will determine whether to move forward with further study. Services will be provided under a new task element Task 206. Work shall include: a. Schematic review of three crossings and planning level option of probably construction cost (OPC) associated with the crossings. b. 4 Page memorandum of findings of the review including OPC. Deliverable: Crossing Alternatives memorandum with OPC in pdf format. 4. Wetland and Drainage course Delineation. The Consultant's sub - consultant will perform additional wetland delineation in the area of the existing bridge to determine the current location of the wetland boundaries and drainage course ordinary high water mark. a. Delineate and flag wetland boundary of Panther Lake for distance of a maximum of 100 feet of both sided of the mouth of the northern drainage course (maximum 200 lineal feet). b. Delineate and flag drainage course ordinary high watermark from the newly verified Panther Lake wetland boundary to the culvert outfall of the BPA Trail to the north. Deliverable —Technical memorandum outlining observations and classification of delineated features. 5. Topographic Survey. a. Survey of existing ground data and topographic data for determining the alignment of the trail between the proposed BPA trail connection point to the north to the existing trail alignment 600 feet long by 150 feet wide. b. Survey of wetland flags and ordinary high water mark delineation flags set by wetland biologist. c. Survey shall exclude trees shrubs and other vegetation. Trees that will impact path will be located in congruence with the provided plan. d. Import of surveyed points into existing AutoCAD survey base map. Deliverable — Updated Survey base map. Amendment to Agreement Costs will be per the attached Exhibit E -2. W _m 2 x w W CQ G W W W LL cl Z Q w O S d U R C. � C R C C. O aNi R N V y Y > y J LL L O t C1 C N 2)(L o t) d a r LO Ln 00 00 oc 00 r r fA fH 'O 11 d L C � 3 l6 N O U 7 cn O F M O co 403. II C w 3 N C O U O H 0) m N m J N L C a ►i 0 U N O) f6 a 'T Ln r- OLO I� N T M X) co 0) d d V O N ll m GO I O LL j 1D N M N M O O CD O N N N H > _ tl3 U W fA 64 V3 EA ER ER to to O (0 O V) LO O N o N 11 N CO O 00 N � O a n Q) r co V N � O N CO m Q1 N CO m 0 h M P- CD _ M V 00 V M 0) co M N N N L f` V N ,a N > O V O Lr) O co O W) U N Q) O O cli r- W M co (0 O M U a) co co a) Oj N LQ N N I, M @ r- J N co N M 00 7 N O V V O O N N OD 2 T � NV > 0) O O O M M n >, 61 N ` M > O) co co O V a d O in 0) L M 6 N� O V 7 d 6,3 _ o > C M O O (p O O M U m N N r C W w _ co ILI Oj IL C� a (n Uf l C f6 T 7 f0 cn r ; p W W Q - LL O to '6 O (D L a W V a d O C E p S O U () n R > - m R W Q U) O ) C F N I- O Q E N H _ Q Q E Q y N z c m F� 'y > 7 o O N 0 C N N a O P) E @ U a5 > > d S N 0 Q Qfn (n A J Q N O t �p O U) i O N C N 0) C C 7 ~ C N C .N d 1 L 'O � 'O_ U) E O ' U Q Q w W N Q @ - V co 3 r LO Ln 00 00 oc 00 r r fA fH 'O 11 d L C � 3 l6 N O U 7 cn O F M O co 403. II C w 3 N C O U O H 0) m N m J N L C a ►i 0 U N O) f6 a W Q W LU W LL G Z Q O S O U R Q U) T O R d Q O 4) y Y > d J LL o s_ a� C y ciao :.; U 9_ O CL r n r � Ln Lr) O co co 00 W cc� to fR a u t C 71 R O 3 R N C U 3 N R O H W3. N R CL v u') r O (0 v r N T O) 11 U r r d n ai d "t U) 0 N cl 't O LL N M N M r �- Of -4 R (0 E It O N N N F > - r fA U W 64 69 PA EA EA EH EA U3, O cD �-' o N N O O CO m r r N O CL OM co O N V O N M r R o r M 00 M r O rn r V W 7 Lo M N Ci L r : N le N (D O > O OX) O W co LO O c N O O N r M C2 W M m � U ci co N R J M CD N N IlY O N N e OD 2 T � NV > M O O O O O > 6 'IT N M M U) U? T... m N L M O) WM 7 U3 M m V cD R N co O > C (`M') O O O O w C W �7 _ R M W C0 C LL N d L M M R r � � _ m a c R T CD 3 R � p LLI a - W U. N a w U �_ a a ` O O 0 y C 0 w C F- O O N O W •7 U a R > - C N R J a CL o Q) o Q O c Y Y a N N R O_ Ul Z" c E r- QEQ� .d Fm- z y C7 to W D y > O .- M N W O . a c c� M E U a'i a'i S 0 N> Q ° ip Q (n (n H o N C o N O C H C 7 O O .O N L L d m " E (D O d C7 < < W w w N O U U O L F r n r � Ln Lr) O co co 00 W cc� to fR a u t C 71 R O 3 R N C U 3 N R O H W3. N R CL RETIJRN TO: � l�� �� I, ��)(� � l'�, I C� l'� � EXT: �,2,� �` �L CITY �OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / S'�/` �� 2. ORIGINATING STAFF PERSON: J`�3�I;In ��F�l.� , EXT: Z-� �''2- 3. DATE REQ. BY: ��� TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) �9 PUBLIC WORKS CONTRACT Cl SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESS[ONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): —� /� ❑ INTERLOCAL � OTHER � r� G�• (�c� S�G�-( X L,o �g u��,w� �G r e r cw�u� PROJECT NAME: P�n.►n.�o'� (, c � I" f`O � Gc,l D� ���j ti X� i�S NAME OF CO ADDRESS: _ 0 � � E-MAIL: � �f �I SIGNATURE� Oi: � 1M�z„n !n/� 1-rC,, /� -- - - ��a I.� � J`C'�� V�I/T �� I L� � TELEPHONE: Z1�6-.3Z� S�`oU o�.... F.e,�c: Z� 6- 3Z ie - ��Bo TITLE: lI T c!_ �er� n.�ei.11 . EXHIBITS AND AfTA�CH�MENTS: �SCOPE, WORK OR SERVICES �' COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE s' ALL OTHER REFERENCED EXHIBITS � PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CF W LICENSE # I buY 3� f�x� U�7 BL ExP.12i3 t i� us� #(o b►� Lti z� , EXP. �/ 3� / 1� . TERM: COMMENCEMENT DATE: UP°�'` ��' �� COMPLETION DATE: �/�/� � TOTAL COMPENSATION: $ L�f O� `S � (INCLUDE EXPENSES AND SALES TAX, IF ANY� (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND LIDAY RATES� REIMBURSABLE EXPENSE: � YES � NO IF YES, MAXIMUM DOLLAR AMOUNT: $ �y� � IS SALES TAX OWED: ❑ YES 13 NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY � PURCHASING: PLEASE CHARGE TO: 3 03 Z�Qd'"�y/ "�9� �6- y�/ lO. DOCUMENT / CONTRACT REVIEW � PROJECT MANAGER '�CHf'dY3�iV �V�.bdd'�t6'ER tS- DEPUTY DIRECTOR '� �� I �� � � DIRECTOR ���'�'�� ❑ RISK MANAG M NT (IF APPLICABLE) � Law DE�r '� �,� ��C ( � 11. COUNCIL APPROVAL (IF APPLICABLE) INITIAL / DATE REVIEWED It-N^- 7 D /Z 1 '� � ZCZ_l�'? _ COMMITTEE APPROVAL DATE: A/ 12. CONTRACT SIGNATURE ROUTING ❑ SENTTO VENDOR/CONTRACTOR DATE SENT: 3 a ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS � LAW DEPT � SIGNATORY M AYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASStGtvED AG # � SIGNED COPY RETURNED �I RETURN ONE ORIGINAL « . � IN L / DATE SIGNED .. 9'� CZ�- AG# � DATE SENT: �•�I'IL IAtITIAL / DATE APPROVED COUNCIL APPROVAL DATE: DATE REC'D: �/g!I Z 11/ Local Agency Consultant/Address/Telephone Huitt-Zollars, Inc. Standard Consultant Huitt-Zollars, ��. Agreement s�s Street su�te ��Zo Seattl , WA 98101 � Architectural/Engineering Agreement ❑ Personal Services Agreement �����`� A reementNumber ���� Project Title And Work Description Federal Aid Number Panther Lake Trail Project Design Services Agreement Type (Choose one) ❑ Lump Sum Lump Sum Amount $ � Cost Plus Fixed Fee Overhead Progress Payment Rate % Overhead Cost Method DBE Participation ❑ Actual Cost ❑ Yes � No % Federal ID Number or Social Securiry Number ❑ Actual Cost Not To Exceed % 75-1500178 � Fixed Overhead Rate 166 .71 % Do you require a 1099 for IRS? Completion Date Fixed Fee $ 21,208.00 ❑ Yes ❑ No July 1, 2013 ❑ Specific Rates Of Pay Total Amount Authorized $ 240,653.00 ❑ Negotiated Hourly Rate Management Reserve Fund $ ❑ Provisional Hourly Rate ❑ Cost Per Unit of Work Maximum Amount Payable $ 240,653.00 Index of Exhibits (Check all that apply): � Exhibit A-1 Scope of Work ❑ Exhibit A-2 Task Order Agreement ❑ E�ibit B-1 DBE Utilization Certification � E�chibit C Electronic Exchange of Data ❑ E�ibit D-1 Payment - Lump Sum � Exhibit D-2 Payrnent - Cost Plus ❑ Exhibit D-3 Payment - Hourly Rate ❑ Exhibit D-4 Payrnent - Provisional � Exhibit E-1 Fee - LumplFixed/LJnit � Exhibit E-2 Fee - Specific Rates � Exhibit F Overhead Cost � Exhibit G Subcontracted Work � E�ibit G-1 Subconsultant Fee � Exhibit G-2 Fee-Sub Specific Rates � Exhibit G-3 Sub Overhead Cost � Exhibit H Title VI Assurances � Eachibit 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-la Consultant Certification � Exhibit M-lb Agency Official Certification � Exhibit M-2 Certification - Primary � Exhibit M-3 Lobbying Certification � Exhibit M-4 Pricing Data CeRification ❑ App. 31.910 Supplemental Signature Page THIS AGREEMENT, made and entered into this day of , , 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 3/2008 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 heJshe is in compliance with the Washington State Statutes relating to professional registrarion, if applicable, and has signified a willingness to fiunish 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 Worlc The work under this AGREEMENT shail consist of the above described work and services as herein defined and necessary to accompiish the completed work for this PROJECT. The CONSiJLTANT shall fumish aii services, labor, and reiated equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT. p 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. lil General Requi�ements 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 presentarion 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 CONSIJLTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days notice shall be agreed to between the AGENCY and the CONSIJLTANT and shown in Exhibit "A." The CONSLTLTANT shall prepare a monthly progress report, in a form approved by the AGENCY, wiuch wiil outline in writxen and graplucal 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, aad each SUBCONSULTANT, shall not discriminate on the basis of race, color, narional origin, or sex in the performance of this contract. The CONS[JLTANT, and each SUBCONSULTANT, shall carry out appiicable 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 of this AGREEMENT. If D/M/WBE firms are utilized, the amounts authorized to each fum and their certification number will be shown on Exhibit "B" attached hereto and by this reference made a part of this AGREEMENT. If the Prime CONSULTANT is a DBE firm they must comply with the Commercial Useful Function (C[JF) regulation outlined in the AGENCY'S "DBE Program Participation Ptan". The mandatory DBE participation goals of the AGREEMENf 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 futnished to the CONSULTANT by the AGBNCY 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 complerion or termination of this AGREEMENT are instruments of service for this PROJECT, and are the properiy of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instn►ments of service, not occurring as a part of this PROJECT, shall be without liability or legai exposure to the CONSULTANI'. Page 2 of 8 1V Time for Beginning and Completion The CONSLJLTANT 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 comple#ion time shali not be extended because of any delays attributable to the CONSLTLTANT, 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 CONSULTANI'. A prior supplementa! 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-Cont�acting The AGENCY pernuts 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 wriiten 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 CONSIJLTANT shall comply with all applicabie sections of the Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSLJLTANT shall not sub-contract for the performance of any work under this AGREEMENT without prior written permission of tiie AGENCY. No permission for sub-contracting shall create, between the AGENCY and sub- contractor, any contract or any other relationslup. 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 consultarion with the AGENCY. VII Employment The CONSULTANT warrants that they have not employed or retained any company or persoq other than a bona fide employee working solely for the CONSLJLTANT, 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 considerarion, 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 AGREEMENf price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and ali 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 CONSULTANf 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, shail be the sole obligation and responsibility of the CONSULTANT. The CONSLTLTANT 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 aze, or have been, at any time during the period of the contract, in the employ of the United States Department of Transportarion, or the STATE, or the AGENCY, except regularly retired empioyees, without written consent of the public employer of such person. VIII Nond�scrimination During the performance of this contract, the CONSUi,TANT, for itself, its assignees, and successors in interest agrees to compty with the following laws and reguiations: Tifle VI of the Civil Rights Act of 1964 (42 USC Chapter 21 Subchapter V S�tion 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 Secrion 794) Age Discrimination Act of 1975 (42 USC Chapter 96 Section 6101 et seq.) Civil Rights Restoration Act of 1987 (Public Law 100-259) American with Disabilities Act of 1990 (42 USC Chapter i26 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 CONSIJLTANT 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 "P' for the type of AGREEMENT used. No payment shall be made for any work completed after ten ( i 0) days foilowing receipt by the CONSULTANT of the Notice to Ternunate. If the accumulated payment made to the CONSIJLTANT prior to Norice 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 CONSIJLTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for defauit on the part of the CONSUi.,TANT, 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 satisfactoriiy 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 temunation, the cost to the AGENCY of employing another fum to complete the work required and the tixne 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 circumstaz►ces shall payment made under this subsection exceed the amount, which would have been made using the formula set forth above. If it is detennined 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 defauit or negligence, the ternunation shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actuat 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 dissolurion 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 of dris AGREEMENf, if requested to do so by the AGENCY. This subsection shall not be a bar to renegotiarion 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 ti�e 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 CONSULTANf for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSIJLTANT 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 compiete 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 sha(1 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. Xl Disputes Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the CONSLJLTANT and the AGENCY shalt be referred for detercnination 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 AGREEMENf 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 insritute 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 resoived by application of Washington law and that the parties to such action shall have the right of appe�al 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 5 of 8 Xili Legal Relations The CONSULTANT shail comply with all Federal, State, and local laws and ordinances applicabie 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 CONSi1LTANf 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 ali claims, demands, or suits at law or equity arising in whole or in part from the CONSIJLTANT'S negligence or breach of any of its obligations under this AGREEMENT; provided that nothiug herein shail require a CONSLJLTANT 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 CONSLJLTANT'S agents or employees, and (b) the AGENCY or the STATE, their agents, officers and empioyees, fihis 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 CONSIJLTANT'S agents or employees. The CONSULTANT'S relation to the AGENCY shall be at atl times as an independent contractor. The CONSULTANT shatl 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 CONSIJLTANT specifically assumes potential liability for acrions 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 supplementai agreement, the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administtation. By providing such assistance, the CONSLTLTANT shall assume no responsibility for: proper construction techniques, job site safety, or any constcucrion 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 compensarion 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 miilion 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 Professionai Liability Insurance secured by the CONSULTANT, the AGENCY will be named on all policies as an additional insured. The CONSLJLTANT shall fumish the AGENCY with verification of insurance and endorsements required by the AGREEMEN'T. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained &om 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 poticies shall be ef�ective without thirty (30) days prior notice to the AGENCY. The CONSULTANT'S professional tiability to the AGENCY shall be limited to the amount payable under this AGREEMENT or one million ($1,000,000) doilars, whichever is the greater, unless modified by Exhibit "L". In no case shall the CONSLJLTANT'S professionai liability to third parties be limited in any way. Page 6 of 8 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 acrion as is available to it under other provisions of this AGREEMENT, or otherwise in (aw. 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 o� or the time required for, perfomiance of any part of the work under this AGREEMENT, whether or not changed by the order, or otherwise aff�ts 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 CONSiJLTANT must submit any "request for equitable adjuslmenY', hereafter referred to as "CLAIM", unde,r this ciause 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 shali be a dispute under the Disputes clause. However, nothing in this clause shall excuse the CONSULTANT &om 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 t.�is AGREEMENT. XV Endorsement of Pians If applicable, the CONSIJLTANT shall place their endorsement on all plans, estimates, or any other engineering data fiunished by them. XVI Federai 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 CONSLTLTANT and the AGENCY, Exhibit "M -2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit "M-3" Certification Regarding the Restricrions 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. XVill Complete Agreement This document and referenced attachments contain all covenants, stipularions, and pmvisions agreed upon by tfie 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 tius AGREEMENT. X!X 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 CONSLILTANT, and does hereby accept the AGREEMENT and agrees to all of the tern�s and conditions thereof. Page 7 of 8 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. CONSULTANT: HUITT-ZO By ;� Vice P SIS SeafFl , S� Suit��(�,p 98�a1 AGENCY: CITY OF FEDERAL WAY By Skip Priest. Mayar 33325 8'� Avenue S Federai Way, WA 98003-6325 APPROVED AS TO FORM: �- �_ atricia A. Richardson, City Attorney DOT Fotm 740-089 EF Revised 312008 Page 8 of 8 HU[1T7SJLLA,RS EXHIBIT A-1 Scope of Work A masterplan for enhancing recreationai use of Panther Lake Open Space was prepared in 2011 unde� an agreement between Huitt-Zoilars and the City of Federal Way. This current proposal is for engineering, planning, landscape architectural, surveying and biological services needed to prepare 30%, 85%, and 100°/a permit, design, and bid documents and opinion of probable cost for constnac6on of improvements to the Panther Lake Open Space identfied herein. Federal Way has previously undertaken projects that conve�ted Panther Lake to a Regional Flood Control and Infiltration Facitity. Much of the information generated in tfiose projects has been provided to Huitt- Zollars and is used in the preparation of this proposal (see Table B"Materials Received from Federal Way"). 30°� design documents will be based on materials provided by the City of Federal Way as noted in the section "Materials Received From Federai Way." including wetland delineation from 1993, geotechnical information and topography. The intent of the 30% design is to prepare a concept pfan for a Preapplication Conference that will assist the City with permit and cost considerations and a phasi�g plan. 30% design elements will include: (1) toop Trail (-4,20fl linear feet) including concepts for a bridge crossing of Panther Lake, spillway crossing and crossing of the drainage ditch near the Aquatic Center. The Loop Trail design will include improvements to existing dike trai1, social trails and new trail sections required to complete the loop. (2) Entry/Parking Area lmprovements will include concepts for picnic area, restroom buildi�g, children's play area, iighting, entry drive and parking. Improvements are described gene�ally on Figure 2(Panther Lake Masterplan, Recommended Recreation Opportunities) from Panther Lake Open Space Report, and more specifically in Attachment A of this proposal. The assumption in this proposal is that the City will determine that mitigation will be required fo� impacts from new or expanded park elements located in tfie wetland buffer as defined in 1993 (when the Lake was converted to a drainage facility). The 1993 assessment of wetland impacts and mitigation addressed drainage facility development but not future recreation improvements such as those currently considered. Gommunication from City staff, based o� Federal Way code section 19.175, have indicated that a memorandum from the consultant wetland biologist wiH be needed to provide information needed for a determination by the City regarding use of the 1993 deiineation boundary for the current proposal. Proposal for Design of Recreation Improvements To Panthe� Lake Open Space Page 3 �, NI...IITTZ�JLLA,�S The 30% design documents are expected to be used in a Preapplication meeting with the City of Federal Way. Following #he Preapplication meeting, a Process 11 Application will be prepared. The Public Works and Parks Departments will make a final determination of design elements to inciude in 85°Io and 100% design based on the information on costs and permit considerations developed during the 30% design phase. The 85%o and 100% design elements are assumed to include 85% and 100% (final) design of the 30% design elements with the following exceptions. (1) Loop Trail design wi11 NOT include a bridge crossing of Panther Lake, but will include design of the drainage ditch crossing near the Aquatic Center, and use of a portion of the BPA Trail (in unmodified configuration) for the loop trail connection. (2) Entry/Parking Area design will not include a permanent rest�oom building, or children's play area but will include design of water, sewer and power service to the future point of connection for the restroom. Proposal for Design of Recreation Improvements To Panther Lake Open Space Page 4 HLIITTZSJL�.A,RS Scope of Services This scope of services is intended to result in (100%) bid ready plans, specifications a�d estimates #or the construction of improvements to Panther Lake Open Space Loop Trail and entry area. The previous development of Panther Lake as a regional detention and infiltration facility by the City o# Federai Way required the p�oduction of substantia! and detaiied information on topography, wetlands, streams and geotech�ical conditions. To prepare this scope of services in advance of City interpretation of Critical Area O�dinance (CAO) requirements it is assumed that Ci#y provided information regarding topography, existing improvements, wetlands, streams and geotechnical conditions wiil be the primary information source for final design. Provisions for supplemental survey and geotechnical opinion are included for specific purposes and locations. Task 100 - Proiect Manaaement This task includes: a. Project Tracking, Invoicing, and Subconsultant Coordination. Tracking of scope, schedufe, and budget. Provide monthly invoicing, Coordinate intemal and subconsultant staff. b. Scope Review 85% and 100°/a Design/Phasing Plan. Assist the City in preparing a phasing plan that is compatible with City budget and that will he�p define elements to include in the 85% and 400% design. This is expected to occur foNowing Preapplication conference and Process II Application review. c. Reimbursable Allowance. An allowance is included for project expenses including mileage and printing of multiple sets of plans or specifications. Deliverables: Monthly invoicing and design team coordination. Scope revisions for 8�°/a and 100°/a design phases. Phasing plan for future development. Report on reimbursable costs. Task 200 - 30°/a Review and Implementation of Existinq Data This task includes: a. Review historical City studies, reports, and survey. Review City provided information on the project, Coordinate the inclusion of infonnation in reports and base mapping into 30% design. Deliverables: Document review, inclusion of city provided information into 30% design documents. Proposai for Design of Recreation lmprovements To Panther Lake Open Space Page 5 HLITTT7�LLA►l�S Task 201 - 30% Outreach / Public Meetinqs This task includes outreach meetings including attendance at four mee#ings total of the Park Commission, Planning Commission, and/or City Council. Deliverables: Meeting preparation and attendance. (Exhibits are assumed to be prepared in 30%, 85% and 100% design phase work, this task does not contain time for exhibit pr�eparation.) Task 202 - 30% Desis�n Preaaalication Cbnference Submittal The 30% design pla�s will provide a concept for long term development of the loop trail and entry area for the park. The 30% design will form the basis of a pre-application submittal. The 30% desigNpreapplication package witl be prepared by using informa#ion on topography, wetlands, streams and geotechnical conditions from 1993 reports. The 30% design phase is intended to • assist the City in determining elements to advance to the 85% design stage • assist in defining development conditions that will apply to the final design • assist in the determination of how the City of Federal Way Criticai Area Ordinance (CAO) will apply to the development proposal {A process II, Director of Community Development Senrices review is assumed to apply.) The assumption in this proposal is that tfie City will determine that mitigation wili be required to offset impacts to wetland buffer #rom new parlc elements located in the wetland buffer. • define permitting considerations and tasks required to address these considerations The 30% design Preapplication package will be prepared in generai conformance with Ci#y of Federal Way Preapplication Conference Bulletin 044 (January 1, 2011) to include the following items: a. Completed Master Land Use Applica6on with Statement of Design Intent b. Wetland Evaivation and Memo RE: Criteria in FWRC 19.175 esp. 19.175 (2) (g) c. Conceptual Plan drawn to scale (seven copies). The conceptual site plan #ask includes preparation of; a base map from existing information, vicinity map, response to City review comments, and preparation of a plan exhibit for presubmittai packet/outreach meetings. The plan wilf be on 22" x 34" sheets showing the following features: i. Loop t�ai! (ADA compliant to the extent feasible) ii. Spillway crossing iii. Geotechnical opinion memo for spillway crossing options based on review of existing geotechnical reports and dike design plans iv. Drainage channei crossing v. Panther Lake bridge crossing vi. Parking lot/entry drive Proposal for Design of Recreation Improvements To Panther Lake Open Space Page 6 HL.IIIT7�JLI��S vii. Conceptual irrigation and landscaped areas viii. Conceptual wetland buffer mitigation plan ix. Children's play area location x. Res#room facilities location Deliverables Master Land Use Application, vicini#y map, and statement of design intent. Memorandum regarding compliance with criteria in FWMC 19.135 and mitigation approach fo� buffer impacts. Conceptuat site plan induding ADA compliant loop trail (to the extent feasible) spillway crossing concept, geotechnical memo, drainage channel crossing concept, Panther Lake bcidge crossing concept, parking IoUentry drive, irriga#ion and landscaped areas, conceptual wetland buffer mitigation plan, children's play area location, restroom facility location. Assumations: Plan will be prepared over a base map developed from existing information. Task 203 - 30°k Suoalemental Survev This task includes supplemental Survey that may be needed. a. Project Survey Controt: Survey control for the boundary and topographic portions of the project will be NAD 83/91 horizontal datum and NAVD 88 vertical datum. This control wi11 be based on King County Washington North Zone survey contro! points. b. Topographic Survey of Entry A�ea: Huitt-Zollars will perform mapping of a 600' x 600' area along Campus Drive for the proposed new parking and restroom area. The topographic survey wili inciude 2 foot contour intervals (unless otherwise noted), locating of visible utilities, surface #eatures, significant grade breaks, and the locations of trees. Trees to be located will be six inches (6") DBH (diameter at breast height) or greater. c. Profile Survey of Proposed Trail: Huitt-Zollars will perform topographic mapping for up to 2,500 LF of proposed trail centeriine. Measurements will be taken to provide 2-foot contour intervals on 25-foot stations, the limits being 10-feet on either side of the proposed trail centerline. Items to be located along the existing trail comdor include locating of visible utilities, surface fea#ures, significant grade breaks, and the locations of trees. Trees to be located will be six inches (6") DBH (diameter at breast height) or greater. Proposal for Design of Recreation Improvements To Panther Lake Open Space Page 7 HI.IITf?�LC��S Deliverables: Survey drawings to be incorporated into the project design. Task 204 - 30% Environmental Services This task will include preparation of the materials listed below that are not included in the 30% design task but a�e needed for a Process II Application. Additional materials for the application will be drawn from material prepared under the 30% design task and Pre-Application submittal. The materials prepared under this task wiQ inciude: a. Submittal Requirements Form for Process Il Application b. Leve! 1 Downstream Anaiysis c. Draft Drainage Technical Information Report d. SEPA Checklist With Attachments From 1993 Material Deliverables Submittal Requiremen#s Form. Level 1 Downstream Analysis. Draft Drainage Technical Information Report. SEPA Checklist. - Task 205 - 30% Oainion of Probable Cost An opinion of probable construction cost will be prepared based on 30% level design documents. The opinion of the probable cost o# the project will be determined from the conceptual plan prepared for the preapplication Conference. Deliverable 30% levet Opinion of Probable Cost Assumptions: The 30% preapplication submittal package will be prepared based on existing information. Task 300 - 85°k Desi�n City requiremen#s for CAO compliance as defined by the Preapplication conference and conditions of approval of the Process II Application wili be incorporated into 85% design. This package is also expected to include comment by Public Works and Pa�lcs on the 30% design. The materials prepared under the 85% design task will be in general conformance with Public Works Department Development S#andards. The 85% design materials will inctude: a. Grading, Layout, Site Furnishings (Site Plan Including Topographic Map) And De#ails i Survey of proposed trail ce�te�iine. b. Clear And Grub Proposal for Design of Recreation Improvements To Panther Lake Open Space Page 8 NLIITT�LLA,I� c. Plan And Profiie Sheets d. Water And Sewer Connection And Details e. Draft Final Buffer Mitigation Plans f. Planting Pians And Details {Paricinglentry) g. Irrigation Plans And Detaiis h. 111umination Plans And Details i. Drainage Plan And De#ails j. Spiilway Crossing Plan And Details k. Striping Pian 1. Entry Road Plan m. Sections And Details And Notes n. Special Provisions Deliverables Plans, special provisions and supporting documents noted above. Task 301 - 85% Oainion of Probable Cost An opinion of probable constn.iction cost will be prepared based on 85% levet design docume�ts. Deliverable 85% level Opinion of Probable Construction Cost and draft phasing plan. Assuma#ions: The 85°!o Process II Application submittal package will be prepared based on existing infarmation. Task 400 - PS�E 100% The intent of this task is to assist the City of Federal Way in bidding the project by preparing plans, special provisions, and estimates (PS&E) in accordance with the City of Federal Way Pubiic Works Department Development Standards including WSDOT Standard Specifications. A draft 100% PS8�E package will be submitted for review and comment by public wo�lcs and parks. City comments will be incorporated into a bid ready set of documents for City use. The process 100% design materials will include: a. Final Drainage Technical tnformation Report b. Final Grading, Layout, Si#e Fumishings (Site Plan Including Topographic Map) And Details c. Finat C1ear And Grub d. Final Plan And Profile Sheets e. Finai Water And Sewer Plan And Details f. Final Buffer Mitigation Plans g. Final Planting Plans And Details (Parking/Entry) h. Fina! Irrigation Plans And Details P�oposal #or Design of Recreation Improvements To Panther Lake Open Space Page 9 HLl[�ITZSJLL�I,,RS� i. Final Illumination Plans And Details j. Final Drainage Plan A�d Detaiis k. Final Spiliway Crossing Plan And Detaiis i. Finai Striping Plan m. Final Entry Road Plan n. Final Sectio�s And Detaiis And Notes o. Final Specia! Provisions Deliverables Plans and special provisions to support bidding and construction. Task 401 -100% Oainion of Probable Cost An opinion of probable construction cost will be prepared based on 100% levei design documents. Deliverable 100% level Opinion of Probable Construction Cost and draft phasing plan. Assumotions: The 100% submittal package wiH be prepared based on existing information. The City of Federal Way will incorporate consuitant provided tech�ical special provisions into bidding documents. Task 500 - Bid Period Services The detiverables under this task are the technical information to be included in 3 to 4 addenda in response to comments from bidders. Deliverables Technical information for up to 4 Addenda. Task 600 - Oational Services Optional Services (Attachment B) are worlc tasks that can be added as project needs are Garified or City information becomes available. Wetland delineation and report, survey of wetland delineation flags, offsite improvements/extensions to sewer, water, elec#rical service, and geotechnical senrices are optional services. In some cases potential scope for optional services is shown. These are not firm task definitions since the exact scope is not known but may be used as a discussion guide if these services are required. Proposal for Design of Recreation lmprovements To Panther Lake Open Space Page 10 HL.I[Tr7SJLi�� Deliverabies Table Project Deliverables are shown by Phase in Table A below Table A m � o � c Deliverable o •� > � o �� o � «�G WfZ a�OG d� m Public Outreach (four meetings total) X X PERMIT APPLICATIONS and SUPPORT MATERIALS City of Federat Way Preapplication Meeting Application X Master Land Use Application X Process II Appl9cation X DESIGNIPERMIT SUPPORT DOCUMENTS � Conceptual Site Plan X X Wetiand Evaluation Memorandum RE: Criteria in FWRC 19.175 esp. (2) (g) X Design tntent Statement (Concept for mitigation of buffer impacts) X Level 1 Downstream Analysis X X Storm Drainage Report X X Environmental Checklist X Opinion of Probabie Construction Cost (Indudes bid form/quantity take of� X X X Special ProVisions (per WSDOT #ormat) X X Bidding Addenda (four addenda total) X PLANS Cover sheet Vicinity & Location Map, Index, Project Title, Number and Officials X X X Grading/Site Furnishings/SigninglLayout Plans X X Clearing, Grubbing and Demolition Plan X X Pian And Profile Sheets For Loop Trail X X Wa#er and Sewer Plan X X 8uffer Impact and Mitigation Plans X X X Planting Plan for Pa�lcing Area and Entry X X Irrigation Plan (Entry Area Only) X X Ipumination Plan (Entry Area Only) X X Drainage Plan X X Spiflway Crossing(s) X X X Geotechnical memo review o# existing information X Parking Lot Striping Plan X X Plan O# Entry Road From SW Campus Drive X X Sections, No#es, and Details: (City, WSDOT details referenced if app�opriate.) X X Proposal for Design of Recreation improvements To Panther Lake Open Space Page 11 HLI[ll� Z�JLLq,I�S Materials Received From Federai Wav Tal�In R Date Item No. Base information Item Description 7-17-94 120590 Report of Geotechnical Obsenration & Testing Services 7-8-98 120588 Task Report: Site Confirmation Hydro geologic Investigation 6-30-93 120589 Geotechnicallnvestigation 9-9-93 Panther Lake Surface Wate� Study, Final Report 9-9-94 120518 Panther Lake Regional Flood Control Facility Operation & Maintenance Pian Various CD Survey Data (with description) and As-Built Drawings 9/94 DWG G-1 Drawing Panther Lake Flood Control Facility Cover Sheet 9/94 G-2 Symbols 9/94 G-3 Abbreviations 9/94 G-4 Manhole Details 9/94 G-5 General Details 1 9/94 G-6 General Details 2 9/94 G-7 Panther Lake Dam Pla� 1 7/93 G-8 Panther Lake Dam Plan 2 9/94 G-9 Ball Field Dam Ptan undated G-10 Gabion and Spillway Sections and Detail 9/94 G-11 Control Structures Sections and Detaits undated G-12 Planting Location Map and Details unda#ed G-13 Typical Planting Plan Sections and Plan6ng Details 9/94 G-14 lnfiltration Gallery Piping 9194 G-15 Infiltration Gallery Details 9/94 G-16 Intake Structure Sections and Details 12/15/2011 E-Mail from Matt Hercera Re Environmental Issues (Code Excerpts) with attachments: • Master Land Use Application (Form) • Process ll A lication R uirements Form 12/21/2011 E-Mail from Matt Herrera Re Federal Way Stream Inventory with attachment: • Stream invento , A endix B S readsheet 2/7/2012 E-Mail from Matt Herrera Re Panther Lake Wetland Field Form with attachment: • Panther Lake Wetland Field Form (PDF) Aug 2010 GIS Data including 5-foot contours. Proposal for Design of Recreation Improvements To Panther Lake Open Space Page 12 H�IITI - Z�JI.LARS Assumations 1. Scope of Services Assumptions: The following work items are exciuded from the scope of services but can be provided as an Op#ional Service: a. Process III or IV application b. Wetland delineation and/or report per FWRC 19.175.010(2) c. Survey work including, property boundary, existing trail centerline or wetiand delineation boundaries 2. Project Standards: This project will follow: • a. Federal Way's Public Works Department Development Standards (2012) b. Federal Way Park Depa�tment signage and fumishings (2012) c. Federal Way Preapptication Conference Standards (.fanuary, 2011) d. Federal Way Submittal Requirements for Process II (February, 2011) 3. Base information, the foliowing materials received from Federal Way are the existing information base used in preparing this proposal and to be used in design work. !n part+cular the April 19, 1993 Technical Memoranda included in the 1993 Panther Lake Surface Water Study will be used including, No. 3 Surveying/Mapping/Basin Boundary Delineation, No. 4 Wetlands Assessment, No. 5 Hydrologic and Hydraulic Analysis, No. 6 Soil and Groundwater Analysis, No. 7 Water Quaiity Assessment, No. 8 Infiltration Evaluation, No. 9 Recreation Impacts (Master Plan), No. 11 Wetland Impacts (Vegetation mapping). 4. Environmental and Perrnitti�g Assumptions a. All fees including but not limited to permit, recording, review, title report, are paid by the City. b. US ARny Corps of Engineer permit will not be required. c. WA Department of Fisheries HPA Approval and WA DOE 401 Certification will noi be required. d. Critical Area Ordinance compliance will be based on existing information provided by the City. Wetland delineation and report meeting the requirements of FWRC 19.175.010(2) is not included but may be provided as an Optional Service. e. The inlet to Panther Lake south of the Aquatic Center is classified as a drainage ditch (not a stream) for the purposes of Criticai Area Ordinance compliance. f. Buffer mitigation plans will fulfill requirements fo� TreeNegetation Retention Plan. The impacts expected are from new trail corridors, entry area development and trail widening. Tree sunrey not currently included in the scope of services can be provided as an Optional Service. 5. Design Assumptions: a. Parking lot will accommodate up to 39 cars. b. Facilities will be planned in confonnance with City of Federa! Way critical area regula6ons. c. lilumination shall be provided for the parking area. PSE to provide electrical service design for connection at transformer. Proposal for Design of Recreation Improvements To Panther Lake Open Space Page 13 HLIITr d. Irrigation will be provided for the entry area and parking area whe�e required #o meet City code and for omamental landscaping between the street, parking area and trail. e. Potential location for restroom and playground will be shown in 30°� pian. f. Sewer, water and power service design wili be provided to a restroom location {for future connection). g. Storm drai�age will not require deten#ion. h. City standard design for an entry gate to the parking area and Little League gate design (if required) will be provided to Huitt-Zollars fo� incorporation into the plans. i. City standard design for site furnishings (signs, trash receptacles, portable toilet enclosure, picnic tabtes, benches, play equipment, play equipment surfacing) witl be provided to Huitt-Zo11a�s for incorporation into the plans. j. City preferred irrigation equipment and type {i.e. drip or spray, controller type, backflow prevention) will be provided to Huitt-Zollars. k. City preferred plant speaes will be provided to Huitt-Zollars. I. The following work items are not included in the scope of services beyond 30% design. i. Children's Play Area ii. Restroom Building iii. B�idge across Panther Lake. m. 85% and 100°!o restroom #acility design wiN be limited to a portabte toilet pad and enclosufe n. Vehicular access to Panther Lake Park will use the existing Little League entry drive. o. Storm water treatment fior pafking area wili be accomplished by directing parking area drainage across vegetated area (bioswale and/or filter strip) p. The trail will not be defined as a Pollution Generating Surface; water quality treatment will only be required for parking and road areas. q. Water system design includes connection to existing water main, new service extension for irrigation uses in the entry area, and water serviee for the future restroom. r. Balancing the cut and fill on the site is a goal but not a requirement. 6. Exclusions a. Sanitary sewer and water system pump stations are not included. b. Offsite improvements needed to extend power, sewer and water systems #o the site are not included beyond seniice connection at parcel street frontage. c. Fire system water main extension and associated additional fire hydrant design is excluded. d. Participating in negotiation with the City of Federal Way and Little League to allow altemative entry roadway re-alignments are not included. e. No retaining wall design, structurat engineering, and/or earth retaining stn.�ctures are included beyond 4 foot high cut and fill walls for trail construction in side slopes. A wall may be necessary for culvert extension but is not defined a# this time. Proposat #or Design of Recreation Improvements To Panther Lake Open Space Page i 4 H�.[11T Z�LLA,RS f. No bridge will be incorporated into the 85% and 100% design. g. Geotechnicai field drilling or test pits are not included. These services may be required as an optional service, depending on the nature o# options in final design. Geotechnical investigation for the spitlway crossing will be based on existing information. h. Easement or Right of Way acquisition or survey is not included. Easement support documen#s are not inctuded. i. A letter regarding project effect on endangered species is not included bu# can be provided as an optior�al service. j. Special studies not specifically identified are not included {including but not limited to endangered species investigations, wetland delineafion and report, biological assessment and traffic/parking-related study). k. Cultural resources studies are not included. I. Demolition and associated permits a�e not included. m. Services related to discovery or addressing hazardous ma#erials are excluded. n. Traffic analysis is excluded o. Oil tank presence and/or removal are excluded. p. Imgation for buffers outside of entry area is not included. q. Restoration of offsite areas is not included. 7. Information Sources a. Opinions o# probable cost will be based on recent WSDOT bid tabs, �ecent bids for local trail and parking lot projects (Soos Creek Trail, Foothills Trail). b. Geotechnical information will be provided from existing �eports as provided by the City. c. Contractor will p�ovide thorough and complete °red line" as-built drawings for inclusion into #he electronic version of the Record Drawings. 8. Standards Followed a. Design work will follow City of Federal Way Public Works Development Standards Manual (PWDS). b. Drainage repo�t and design will be in accordance with King County Surface Water Design Manual and the Federal Way Addendum to the KCSWDM. c. Plans submitted to the City of Federal Way for plan review and approva! will be signed and stamped by the Huitt-Zollars Engineer of Record prior to final submittal. d. Cover sheet and plan sheets will be prepared on City of Federal Way standard ti�e block. e. Approved plan sheets shall be on good quality reproducibte ink on Mylar. f. Plan size will be 22"x 34" for engineering drawings; 18" x 24" for survey drawings and 11" X 17" for Drainage Report exhibits. 11" x 17" size will be used for plan review copies. g. Specifications wiN be the WSDOT Standard Specifications for Road, Bridge and Municipal Construction including the APWA Supplement #o Division One. Proposal #or Design of Recreation Improvements To Panther Lake Open Space Page 15 HLIITT h. Specifications are shown as notes on the plans, and special provisions to WSDOT Standard Specifications. Contractual and Division 1 material will be provided by the City. Consultant to provide special provisions that the City will insert into the City's project ma�ual. i. Special provisions to the Standard Specifications shalf be provided where General No#es do not cover project requirements. j. Standard Plans shail as provided by the City of Federal Way. WSDOT Standa�d Plans fo� Road, Bridge and Municipal Constnaction will be used where City Standard Plans and Details are not provided. k. Reference materials for design shall be as listed in Section 2.1.1 of the City o# Federal Way Public Works Deveiopment Standards Manual. 9. Items Assumed to be available from Federa! Way a. lnformation on nearby survey control (within one mile). b. Electronic versions of Federal Way Standards. c. Drawings for City standard pa�lc items; as gates, signs, and fumishings. d. Permission/conditions for use of Little League entry drive. e. Analysis of allowed tuming movementsltraffic controls at entry drive f. City of Federal Way will provide Title Report if required. Proposal for Design of Recreation Improveme�ts To Panther Lake Open Space I Page 16 HU[Tf Z�Ji.[�A,RS Attachment A: Preliminary Development Program The preliminary development program for initial constn�ctio� is described in more detail below along with changes ftom the program in the Panther Lake Open Space Feasibility S#udy (PLOS) and associated Traii Connection Feasibility Study {TCS). Entry Area The entry area wiil be designed with parlcing to provide daily recreational access to the loop trail, entry area, Panther Lake Open Space and BPA Trail. Access is planned offi of SW Campus Drive through use of the Little League driveway. The entry area will be pianned to accommodate signage, la�dscaping, a picnic area, restrooms and chiidren's play area. The loop trail wi11 be visually separated f�om the paricing area. The pa�lcing lot will be lighted. Low impact drainage measures may be used to reduce stoim water impacts. The goal is to design a pleasing entry to a major City Park. Change from approach in PLOS: Current entry development is at a level of a major urban park. Approach in PLOS is minimal development at lowest cost. Loop Trail An existing dike, and primitive or social trails extend much of the way around the Lake, but there is no readily identifiable circumferential trail and no off-street connection at the south end of the Lake. The desig� will create a continuous circumferential loop trai! by improving existing segments, and connecting existing segments wi#h new trail segments. The trail will be ADA accessible to the extent feasible. Challenges include: • Connection through steep slopes • Drainage channel crossing • Spiilway crossings • Permitting for trail and pa�lcing development in wetland buffer Trail surface may ultimately be asphalt with ADA accessible gravel as an interim surface. The traif is primarily for walking. Width will be based on existing conditions such as dike width, and Boy Scout bridge width, without extensive modification. Change from approach in PLOS/TCS: Current loop trail proposal is for an ADA compliant facility, separated from SW Campus Drive. Approach in PLOS/TCS documents is minimal development without ADA accessibility. Proposal for Design of Recreation lmprovements To Panther Lake Open Space Page 21 Hul�r z�«��s Restroom _ _ A restroom is desirable to serve the Pan#her Lake Entry Area. in the short-term a portabie toilet within a screened enclosure similar to the facility at Hylebos We#lands Park may be appropriate. Federal Way wiU make a determination at the 30% design stage whether to proceed with a portable toilet or with a res#room buitding design. Change from approach in PLOS: Currently proposed restroom wiil be separa#ed from SW Campus Drive and parking but may be located within wetland buffer, triggering mitigation requirement. Children's Play Area A Children's Play Area is desirable to senre not only the Panther Lake facility but also users of the Aquatic Center and Little League Faciiity. This facility may be designed to accommodate a large piece of equipment or pieces of equipment for different ages with soft surface and perimeter seating. The #easibili#y of providing construction documents wiA be contingent upon discussion a# the Preapplication Confe�ence regarding sensitive area impacts. Change from approach in PLOS: Currently proposed Children's Area will be separated from SW Campus Drive and parking but may be located within wetland buffer triggering mitigation requirement. Drainage Crossing The existing drainage ditch sou#h of the Aquatic Center will be crossed by the loop trail. A culvert extension and/or footbridge to accommodate a trail crossing wi11 be included in the 30% concept design. Change f�om approach in PLOS: Cu�ently proposed drainage crossing wiA be provided with a greater separation from SW Campus Drive. This will require additiona! fill and culvert extension over that in the PLOS document. Drainage Drainage is anticipated to be primarily through surface runoff to adjacent areas with limited cross culverts and underground piping. Detention is assumed not to be requi�ed. Water quality treatment where required is assumed to be provided through sheet flow over vegetated areas. Change from app�oach in PLOS: Currently proposed ADA accessible trails may require a greater degree of underground piping and conveyance in ditches and swales to channe! water away from proposed improvements. Proposal for Design of Recreation Improvements To Panther Lake Open Space Page 22 I Wetland Regulation Panther Lake is a Regulated Lake (Chapter 19.70 of the Federal Way Municipa! Code) as shown in Map IX-4 in City's Comprehensive plan, with some wetland areas around the edge of the Lake. A wetland limit was determined in 1993 in the Panther Lake Surface Water Study. Since that time, changes may have occurred to vegetation, soil and hydrologic conditions around the perimeter of the Lake as a result of the dam construction and operation of the Lake as a flood contro! fac�7ity. CuRent City Code contains provision for the Director to determine whethe� areas outside the 1993 wetland boundary a�e "regulated' wetlands or not under current code. Loop trail improvements and� some of the proposed park entry facili6es may be located within the buffer of the °reguiated" wetland (as delineated in 1993). Discussions with City staff indicate that improvements proposed in the wetland buffer will need to be reviewed and approved in accordance with provisions and criteria in Federal Way's code for Regulated Wetlands (Chapter 19.175.040) through a Process II Application process. The wetland buffer associated with the proposed parking lot will be based on the potential wetland edge locations as identified by Federal Way-provided documents from the 1993 Panther Lake Surface Water Study. The concept design will include a 39 car parking lot that is located outside of the (9993) buffer. The design intent for other facilities (trail, children's play area, restroom, picnic tables and benches) is to balance buffer impacts with recreational use benefits. The paiicing lot layout for the concept design will be based on compiying with City code for Regulated Wetlands (Process ii approval by City Staffl based on the 1993 wetland limit. If use of the 1993 wetland limit is not possible, it may be necessary to pursue an approval through Federal Way's Process 111 (Director Decision) or Process IV approval (Hearing Examiner), which would require a public hearing and decision by Hearing Examiner. Work associated with Process I11 and Process IV approvals are not included in this scope. The process for proceeding with the parking and other facilities in the entry area is:' 1. Prepare a concept plan that shows desirable deveiopment configuration based on available info�rnation. ' This process will also apply to portions of loop trail development tha# require land altering improvements within wetland buffe�. Proposat for Design of Recreation Improvements To Panther Lake Open Space Page 23 H�.I[TT Z�LLA,RS 2. To the extent possible from existing information, include a mitigation concept that follows regulatory requirements to avoid, minimize, and mitigate impacts while achieving recrea#ion ar,cess and use objectives. Techniques such as buffer averaging and buffer enhancement wiA be proposed if necessary to accommodate proposed uses. � 3. Review the plan and mitigation strategies with City s#aff through the Preapplication Conference process. 4. Prepare applica6ons as needed for Process tl, �eview. (Process III, or IV application would be an Optional service.) Change from approach in PLOS: CuRently proposed program may have more facilities located in the wetland buffer than assumed in the PLOS document. Signage Signage will be designed to accentuate the entry to the Park, provide directions to facilities, and indicate trail connections. City of Federal Way standard sign designs will be used. � Change from approach in PLOS: No significant change from assumptions in the PLOS/TCS documents. Fumishings Benches, trash receptacles, and picnic tables will be designed at convenient locations in the entry area and around the �oop Trail. Facilities wiA be provided where topography allows and in acxordance with city maintenance procedures. Consideration will be given #o po#ential lake access points. Standard City o# Federal Way designs shall be used. Change from approach in PLOS: No significant change from assumptions in the PLOS document. ADA Compliance CuRent and emerging guidelines for ADA compliance for outdoor recreation facilities will be reviewed and an approach for Panther Lake ADA accessibility suggested. Change from approach in PLOS: The proposed trail is to be ADA accessible, adding costs for grading, drainage surfacing wails and rails. P�oposal for Design of Recreation Improvements To Panther Lake Open Space `I Page 24 Nt ,I[1T Geotechnical Work Geotechn'ical information is available from previous work at the Lake. A geotechnical opinion for spiilway crossing options is included in this scope of services. Further geotechnical investigation, if needed fo� final design, is available as an optional service. Change from approach in PLOS: Geotechnical review of City-provided documents regarding dike spilhnray crossing is included in this proposal. Survey Work Survey i�ormation is available from previous woric at the Lake. This proposal includes additional survey work that is anticipated to be needed to augment previous survey work. Change from approach in PLOS: The following survey worlc is proposed to augment existing information, project survey control, topographic survey of entry area, profile survey of the proposed traii centerline, where it diverges from existing defined trails. Proposal for Design of Recreation Improvements To Panther Lake Open Space Page 25 HI�CIT Z�.LA,,RS Attachment B: Optional Services This proposal provides you with the opportunity to obtain optionai services if required. Fees for Optional Services are typically negotiated at the time they are requested. Op#ional Services would include any services not specifically identified as included services i� this proposal. Some po#ential services have been defined. Currently identi#ied Potential Optional Services with an identified scope include 1. SURVEY a. Survey of Wetland Delineation Flags: Locate 2,500 LF of wetland flags on the Panther Lake site. Wetlands will be fiagged by a wetland biologist prio� to the survey crew arriving onsite. Deliverables will include two (2) sets of the we�and deiineation survey piotted at a suitable scale on a 22"x34" sheet and the electronic AutoCAD� files of the survey on a CD. b. Boundary Survey: Huitt-Zollars will perform a boundary survey of a portion of the Panther Lake property north of Campus Drive. The property is King County Assessor's Tax Parcel Number 1921049003, located in Section 19, Township 21 North, Range 4 East, and WiAamette Meridian. The sunrey will recover or set the exterior comers of the Panther Lake property. We will set iron bar markers with self-identifying caps and a 2°x2"x24" long white painted witness post alongside at each property comer. i. Loca#e any improvements such as fences, structures or driveways within 5 feet of the property line and any encroachments. ii. Prepare a Record of Survey (ROSj showing the boundary survey and record i# with the King County Auditor. c. Profile Survey of Existing Trail: Huitt-Zollars wiA perform topographic mapping up to 1I2-mile of existing trail centerline. Measurements will be taken to provide 2-foot contour intervals on 25-foot stations, the limits being 10-feet on either side of the existing trail centerline. Items to be located along the existing trail comdor include locating of visible utilities, surface features, significant grade breaks, and the locations of trees. Trees to be located will be six inches (6") DBH (diameter at breast height) or greater. d. Spot Survey: Provide survey as needed to fill in information gaps. Proposal fo� Oesign of Recreation Improvements To Panther Lake Open Space Page 26 ,` I HLI[TT7�JLLA,I�S Currently identified Potential Optional Services without a scope include: 1. 85% AND 100% DESIGId CHILDREN'S PLAY AREA - Assist with selection of play equipment, surfacing, design, specification and estimate for equipment supply and installa#ion. 2. 85 AND 100% DESIGN of PERMANENT RESTROOM BUILDING - Provide architecturai plans, specifications and estimates for Restroom Building. 3. TRIP GENERATiONlTRAFFIC ANALYSlS - Provide estima#e of peak hour tfaffic generated by the project. 4. PARKING NEEDS ANALYSIS - Provide an estimate of parking needs for the project. 5. INTERSECTION ANALYSIS - Provide analysis of tuming movement impact from the project. 6. PROCESS 111 OR 1V APPLICATION - Provide application for Planning Director o� Hearing Examiner consideration of project approval. 7. OFFSITE SEWER DESIGN - Provide design ofi sewer main and/or side sewer extension to the site. 8. OFFSlTE WATER DESIGN - Provide design of water main extension #o the site. 9. GEOTECHNICAL REPORT - Provide geotecMnical investigation and report, scope to be determined. 10. ADDITIONAL ENVIRONMENTAL DOCUMENTATION - Provide additional materials if needed for compliance with National and State Environmental Review such as endangered species evaluation, Archeological and Cultural Resources investigation. 11. TREE VEGETATION AND RETENTION PLAN: Additional worlc such as field survey of significant trees outside iimits currently identified. Vegetation management plan not directly related to mi6gation for project construction. Proposal for Design of Recreation lmprovements To Panther Lake Open Space Page 27 EXHIBIT "C" Electronic Exchange of Engineering and Other Data Electronic Deliverables include digital photos (jpg), scanned or electronic documents (pdf, doc, xls, etc.), Contra:ctor baseline and progress schedules (if provided by the Contractor in mpp). Data is to be transferred by e-mail, CD, or FTP site{s). Agency OS is Windows 7 Enterprise, Agency e-mail software is Microsoft Outlook 2010, Software Suite is MS Office 2010. Exhibit D-2 Payment (Cos# Plus a Fixed Fee) The CONSULTANI' shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter. Such Qayment shall be full compensation for work performed or services rendered and for all labor, materials, suppiies, equipment, and incidentals necessary to complete the work specified in Section II, "Scope of Work." The CONSULTANT shall conform to all appiicable 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 CONS[JLTANT 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 books of the CONSIJLTANT in the normai everyday keeping of its books. Progress payments shall be made at the rate shown in the heading of this AGREEMENT under "Overhead Progress Payment Rate." Total overhead payment shall 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 CONSLTLTANT 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 retroactiveiy adjusting the previous year's overhead cost to reflect the actual rate. pQ'{ Fam 140-089 EF Exhibit D-2 Revised 6108 Failure to supply this information by either the prime CONSLTLTANT or any of their sub- consultants shall cause the AGENCY to withhold payrnent 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 Govemment may perform an audit of the CONSULTANT'S books and records at any time during regular business hours to determine the actual over�iead 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 chazges and sub- consultant costs. a. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSLILTANT 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 CFR Part 31.205-46 "Travel Cost b. The billing for Direct Non-Salary Costs shall include an itemized iisting of the charges directly identifiable wh the PROJECT. c. 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. d. 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." 5. 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 XN, "Extra Work."6. MaJCimum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the CONSLTLTANT 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 XN, "Extra Work." No minimum amount payable is guarante,ed under ttus AGREEMENT. B. Monthly Progress Payments: The CONSULTANT may submit biliings 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 CONSIJLTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees perfornung 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 CONSLJLTANT shall constitute a release of atl claims for payment, which the CONSIJLTANT may have against the AGENCY uniess 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 fmal audit, all required adjustments will be made and reflected in a final payment. In the event that such fmal 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 AUDTT 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. Panther Lake Entry and Trail Improvements City of Federal Way HOUR & FEE ESTIMATE Prepared by: Huitt-Zollars, Inc. 07/18/2012 EXHIBIT E-1 PIC Sr. PE PE Sr. De Drafter LA Plnr Survey 2 Person HZ Hours Engineering PM Des. Lead Tech Tech Mgr Survey Cre Totals Fee Amounts Rates 214.31 156.75 143.01 105.57 78.57 101.12 91.00 113.91 146.70 Task # SUMMARY HOURS Totals 26 265 454 388 298 122 66 8 96 1723 5240,653 100 Project Management 2 80 34 0 0 0 0 0 0 116 $17,831 100c Reimbursable (Aliowance) $4,4T5 200 30°/a Review and Implementation of Existing Data 0 28 18 18 0 0 12 0 0 76 $9,955 201 30% Outreach I Public Meetings 0 20 22 0 0 0 16 0 0 58 57,737 202 30% Design Pre-Ap Conference Submittal 4 26 58 128 60 34 6 0 0 316 $49,671 203 30% Supplemental Survey 0 0 0 0 12 0 0 8 78 98 $13,297 204 30%a Envlronmental Services 0 44 26 0 10 0 32 0 0 112 $14,313 205 30% Opinlon of Probable Cost 2 3 8 8 10 0 0 0 0 31 a3,673 300 85% Design 4 18 142 122 108 52 0 0 18 464 $59,382 301 85°/a Opinion of Probable Cost 1 2 6 2 4 0 0 0 0 15 $1,911 400 PS&E 100% 10 34 124 104 82 36 0 0 0 390 $52,333 401 100°/a Opinion of Probable Coat 1 2 4 2 4 0 0 0 0 13 $1,625 500 Bid Period Services 2 8 12 4 8 0 0 0 0 34 $4,450 7/18/2012, 12:33 PM 2012.0718. cost 14. x I sx Panther Lake Entry and Traii Improvements City of Federal Way _ _. . __ __ _ HOUR & FEE ESTIMATE Prepared by: Huitt-Zollars, Inc. 07/18/2012 EXHIBIT E-1 PIC Sr. PE PE Sr. De Drafter LA Pinr Survey 2 Person HZ Hours Engineering PM Des. Lead Tech Tech Mgr Survey Cre 7otals Fee Amounts 100 Project Management HOURS Task Total 2 80 34 0 0 0 0 0 116 $17,831 a Project tracking, invoicing, and subconsultant coordination 68 10 78 $12,089 b Scope review, 85% & 100% besigNPhasing Plan 2 12 24 38 $5,742 C Reimbursable (Allowance) 54,475 200 30% Review and Implementation of Existing Data HOURS Task Total 0 28 18 18 0 0 12 0 0 76 $9,955 a Review historical City studies, reports, and survey 28 18 18 12 76 $9,955 201 30% Outreach / Public Meetings HOURS Task Total 0 20 22 0 0 0 16 0 0 58 57,737 8 OuVeach / Public MeeUngs 20 22 16 58 $7,737 202 30% Design Pre-Ap Conference Submittai HOURS Task Total 4 26 58 128 60 34 6 0 0 316 $49,671 8 Master Land Use Application and Statement of Desi n Intent 2 4 6 $575 b Wefland Evaluation and Memorandum $4,047 C Conceptual Site Plan, Base Map Prep, Vicinity Map 2 8 12 56 24 16 118 $12,814 CI ADA Compliant Loo Trail (To the extent feasible) 6 12 2 20 $2,307 CII Spillway Crossing 6 12 2 20 $2,282 Clll Geotechnical opinion for splllway crossing $3,832 CIV Drainage Channel Crossing 4 10 4 4 22 $2,794 CV Panther Lake Bridge Crossing concept 2 8 12 16 12 50 $6,031 CVI Parking Lot/Entry Drive 4 8 20 8 40 $4,511 CVII Irrigation and Landscaped Areas 2 8 10 20 $1,926 CVlll Conceptual Wetland Buffer Miti ation Plan (30'� $6,353 CIX Children's Play Area 2 2 8 12 $1,306 CX ResVOOm Facilities 2 4 2 8 $893 7/18/2012, 12:33 PM 2012.0718.cost14.xisx ,,�, .. : _ ;, _ .. ,,,. .,, Panther Lake Entry and Trail Improvements _ _ __ _. _ _ _ _ _.__ _ __ City of Federal Way __ _ _ _ _ __ _ _ _ _ _ __ _ HOUR 8� FEE ESTIMATE _ __ _ _ _ _ __ ___ _ _ _ _ _ ._ _ __ _ . __ Prepared by: Huitt In 07/1 8/2012 EXHIBIT E-1 PIC Sr. PE PE Sr. De Drafter LA Plnr Survey 2 Person HZ Hours En ineering PM Des. Lead Tech Tech Mgr Survey Cre Totals Fee Amounts 203 30% Supplemental Survey HOURS Task Total 0 0 0 0 12 0 0 8 78 98 513,297 Control 4 12 16 $2,216 Topographic survey of entry 12 4 42 58 $7,560 Profile survey of existing Vail centertine 24 24 $3,521 204 30°/a Environmental Services HOURS Task Total 0 44 26 0 10 0 32 0 0 112 $14,313 a Submittal Requirements Form for Process II 2 4 6 $678 b Level 1 Downstream 2 14 16 $2,316 C Drainage TIR 36 12 6 54 $7,831 d SEPA Checklist 4 4 28 36 $3,489 205 30% Opinion of Probable Cost HOURS Task Total 2 3 8 8 10 0 0 0 0 31 $3,6y3 Prepare Opinion of Probable Cost 2 3 8 8 10 31 $3,673 7/18/2012, 12:33 PM 2012.0718.cost14.xlsx Panther Lake Ent and Trail Improvement City of Fed eral Way HOUR $ FEE ESTIMATE Prepared by: Huitt-Zo Inc. 07/18/2012 EXHIBIT E-1 PIC Sr. PE PE Sr. De Drafter LA Plnr Survey 2 Person HZ Hours Engineering PM Des. Lead Tech Tech Mgr Survey Cre Totals Fee Amounts 300 85% Design HOURS Task Total 4 18 142 122 108 52 0 0 18 464 $59,382 8 Grading, Layout, Site Furnishings (Site plan w/topo) and Detail 2 12 12 8 8 42 $4,849 81 Profile survey of proposed trail centerline 2 4 18 24 $3,166 b Clear and grub 2 8 4 14 $1,445 C Plan and Pro�le Sheets 8 16 12 36 $3,776 d Water and sewer plan and details 2 14 4 8 28 $3,366 e Draft Final 8uffer Mitigation Plans and Speci�cations $6,132 f Planting Plans and Details (Parking/Entry) 2 8 20 30 $2,937 Irrigation Plan and Details 2 12 20 34 $3,279 h Illumination Plan and Details 2 28 6 36 $4,951 I Drainage Plan and Details 16 16 12 44 $4,920 ' Spillway crossing Plan and Details 2 8 16 12 38 $4,090 k Striping Plan 4 2 8 14 $1,412 � Entry Road Plan 4 16 16 12 48 $5,547 rTt Sections and Details and Notes 2 4 12 8 26 $2,781 11 Special Provisions (Specifications) 2 4 28 12 4 50 $6,731 301 85% Opinion of Probable Cost HOURS Task Total 1 2 6 2 4 0 0 0 0 15 $1,911 85% OPC 1 2 6 2 4 15 $1,911 7/18/2012, 12:33 PM 2012.0718.cost14.xlsx Pa nther Lake Entry a nd Trail Improvements City of Federal Way HOUR & FEE ESTIMATE Prepared by: Huitt-Zollars, Inc. 07/18/2012 EXHIBIT E-1 PIC Sr. PE PE Sr. De Drafter LA Plnr Survey 2 Person HZ Hours En ineering PM Des. Lead Tech Tech Mgr Survey Cre Totals Fee Amounts 400 P3$E 100% HOURS Task Total 10 34 124 104 82 36 0 0 0 390 552,333 a Final Drainage Technica) Information Report 2 • 4 12 4 22 $3,086 b Final Grading, Layout, Site Fum (Site Plan w/ Topo) De 2 4 4 8 8 26 $3,101 C Finai Clear And Grub 4 8 a 16 $1 ,731 d Final Plan And Profile Sheets 2 12 8 S 30 $3,503 e�inal Water And Sewer Plan And Details 2 4 8 6 20 $2,202 f Final Buffer Mitigation Plans 56,065 Final Planting Plans And Details (Parking/Entry) 2 8 8 16 34 $3,405 h Final Imgation Plans And Details 2 8 8 16 34 $3,377 I Final Illumination Plans And Details 4 18 4 26 $3,623 ' Final Drainage Plan And Details 2 12 4 S 26 $3,080 k Final Spillway Crossing Plan And Details 2 8 8 4 22 $2,732 I Final Striping Plan 4 4 8 16 $1,623 m Final Entry Road Plan 8 12 8 28 $3,039 It Final Sections And Details And Notes 2 2 8 8 8 28 $3,359 0 Final Special Provisions (Specifications) 2 12 28 16 4 62 $8,408 401 100% Opinion of Probable Cost HOURS Task Total 1 2 4 2 4 0 0 0 0 13 $1,625 100%OPC 1 2 4 2 4 13 $1,625 500 Bid Period 3ervices HOURS Task Total 2 8 12 4 8 0 0 0 0 34 �4,450 Bidding assistance four addenda 2 S 12 4 8 34 $4,450 7/18/2012, 12:33 PM 2012.0718.cost14.xisx � X/��B � F z Request for Proposal HDECO3-11-R-0002 Attachment 2-9 HU i7T-ZOLLARS, INC. FEE PROPOSAL - BASIC YEAR WORKSHEET Overhead Rate: 166.71% Direct Labor Fixed Fee Direct Labor Rate Overfiead Rate 30% 'fota) Amou�t Principal in Charge 72.23 120.41 21.67 $ 214.31 S� Project Manager 52.83 88.07 15.85 $ 156.75 Sr. Civil Engineer 48.20 8035 14.46 $ 143.01 Cvil Engineer 33.6b 56.11 10.10 $ 99.87 Sr. Designer 35.58 5932 10.67 $ 105.57 CADD Tech 26.48 44.14 7.94 $ 78.57 Landscape Architect 34.08 56.81 10.22 $ 101.i2 Planner 30.67 51.13 9.20 $ 91.00 Survey Manager 38.39 64.00 11.52 $ 113.91 Survey Crew 24.72 41.21 7.42 $ 73.35 �'xf��'$.r �' � � Washington State Departmen# of Transporta#ion Paula J. Hammond, P.E. Secretary of Transportation February 1, 2012 Brenda Fullmer, Vice-President Huit�-Zoliars, Iac. 1717 McKinney Avenue, Suite 1400 Dallas,'TX 75202-123b RE: Huitt-Zollars, Inc. Overhead Schedules Fiscal Year End January 3 l, 2011 Deaz Ms. Fuilmer. 7ransportation Buifding 310 Mapls Paric Avenue S.E. P.O. Box 47300 Olympia, WA 985fl4-7300 360-705-700D TTY: 1-800-833-6388 www_wsdotwa.gav Thank you for the documentarion that you provided to us. We are accepting your CPA audited rate for FYE January 31, 2011. The Huitt-Zollars schedule was audited by Norman 3. Lazch, Chartered CPA for compiiance with Part 31 of the Federal Acquisition Regulations. We were pravided with a letter from the Texas Department of Transportation, which also accepted the audited rate for Huitt-Zollars. Texas DOT is the cognizant state for Huitt-Zollars, but they did not issue a cognizant letter. Based on the CPA audited rate, we aze issuing this letter of review establishing Huitt- Zollars, Inc. vverhead rate for the fiscal year ending January 31, 20i l, at 166.71% of . direct iabor. Within the composite ra.te is the home ra.te of 175.18% and the field rate of 128.90°/a. Costs billed to actual agreements will still be subject to audit of actual costs. Please check with the WSDOT Consultant Services Office {HQ) andlor the WSDOT Area Consultant Liaison to determine when this reviewed ra�e will l� applicable to your WSDOT agreement(s). Also, remember that when you provide next year's overhead schedule to our office, you will also need to submit your Compensution Analysis for review. This analysis must be in compliance with the steps listed in the AASHTO Audit Guide, Chapter 7. We will need your Compensation �Inalysis in order to complete our review of your overhead schedule. Ms. Fullmer February i, 2Q12 Page 2 If you, or any representatives of Huitt-Zollars, Inc., have any questions, please contact Martha Roach, Jeri Sivertson, or Steve McKerney at {364) 705-7003. Sincerely, /'L Martha S. Roach Agreement Compliance Audit 11/Iana.ger MR:ds Enclosure cc: Steve McKemey, Director of Internal Audit Jeri Sivertson, Assistant Director of Internal Audit Larry Schofield, MS 47323 Meg Blau, MS N$$2-1 i 2 File Washington State Department of 7ransportation Agreement Compliance Audit 5ervices Composite Overhead Calcutation Wurksheet Name: 1 3 # Huitt Zollars, inc. Home Office Field Office Cam pirect Labor Base General �H Expenses Calculated Rate 175.189� �. �,.e:;;s»�.., k ,� y , : E� ,; .{i.a�lQ�L��i'�"�C7 ���.. � i;"''�s � �, 166.7196 Exhibit G Subcontracted Work The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT: i . � � . .� - :�� -. � � ��� � � i � � 1 � �i . - w�..� ����,i � .�� �� .�� ►�au� ,�e u 1 lil. 'LI ��- .. :� �:.� �f��.� a - .�� : �- ►� �. �� � — pQT Fortn 140-089 EF Exhibit G Revised 6105 Exhibit G-1 Subconsultant Fee Determination - Summary Sheet (Mandatory when Subconsukants are utilized) Project Panther Lake Trail Project Design Services Sub Consultant The Watershed Company D�rect Salary Cost (DSC): � ; i _.i •i u•_► .�_ti Sr. Ecologist 55.0 Sr. Landscape Architect 26.0 Landscape Architect 107.0 Ecologist 14.0 Project Administrator 1.0 G. - X X X X X 47.00 45.00 32.00 27.00 29.00 X X X X � $ 2,585.00 1,170.00 3,424.00 378.00 29.00 Total DSC = $ 7,586.00 Overhead (OH Cost -- including Safary Additives): OH Rate x DSC of 166.56 % x$ 7,586.00 = 12,635.24 Fixed Fee (FF): FF Rate x DSC of 30 % x$ 7,586.00 = 2,275.80 Reirnbursables: Itemized = 100.00 SubConsultant Total = Grand Total = 22 ,597.04 Prepared By: Date: pQT Fortn 140-089 EF Exhibit G-1 Revised 01J09 Exhibit G-1 Subconsuitant Fee Determination - Summary Sheet (Mandatory when Subconsultants are utilized) PI'OjeCt: P�ther Lake Trail Project Design Services Sub Consultant: Landau Associates Direct Salary Cost (DSC): _' I( 1 •1 u�l1i� _2� Principal 6.0 Senior Staff Engineer 24.0 CAD 2.0 Project Coordinator 5.0 Support Staff 2.0 Administration 1.0 ��� X 54.66 X 25.00 X 22.69 X 21.00 X 16.05 � 24.98 X X X Total DSC = = Cost $ 327.96 600.U0 4538 105.00 32.10 24.98 $ 1,135.42 Overhead (OH Cos# -- including Salary Additives): OH Rate x DSC of 194.20 % x$ 1,135.42 = 2,204.99 Fixed Fee (FF): FF Rate x DSC of 30 % x$ 1,135.42 = 340.63 Reimbursables: Itemized = 150.00 SubConsultant Total = Grand Total = 3,831.03 Prepared By: Juliann Cooley Date: July 12, 2012 DOT Form 14U-089 EF Exhibit G-1 Revised 01/09 Exhibit G-2 Subconsuitant Fee Determination - Summary Sheet (Specific Rate of Pay) Fee Schedule Subconsuftant The Watershed Compan� Discipline or Job Title Hourly Overhe�ad Profit Rate Rate 166.56 /0 30�o Per Hour Principal 61 101.60 18.3 980.90 Sr. Water Resource Engineer, PE 60 99.94 98 177•94 Water Resource Engineer, PE 57 g4.94 17.1 169.04 Sr. WetlandiWildlife Biologist 47 78.28 14.1 139.38 Environmenta! Engineer 47 78.28 14:1 139.38 Sr. Ecologist 47 78.28 14.1 � 39.38 Environmental Planner 47 78.28 14.1 939.38 Sr. Fisheries Bio(ogist 45 74.95 13.5 133.45 Sr. Landscape Architect 45 74.95 13.5 133.45 Planner/Sr. GIS Qnalyst 32 53.30 9.6 94.90 Technical VWriter 32 53.30 9.6 94.90 Associate Planner 32 53.30 9.6 94.90 Sr. Wiidlife Biologist 44 73.29 13.2 130.49 Landscape Architect 32 53.30 9.6 94.90 G!S Analyst/Designer li 31 51.63 9.3 91.93 Fisheries Biologist 32 53.30 9.6 94.90 Associate Planner/G1S Specialist 32 53.30 9.6 94.90 Ecologist IN 27 44.97 8.1 80.07 GIS Analyst/Designer 1 27 44.97 8.9 80.07 Engineer Technician Il 27 44.97 8.9 80.07 Engineer Technician I 25 41.64 7.5 74.14 Project Administrator 29 48.30 8.7 86,00 Ecologist/Field Biologist 25 41.64 7.5 • 74.14 Landscape Designer 25 41.64 7.5 74.14 Graphic Design 24 39.97 7.2 71.17 Administrative 24 39.97 7.2 71.17 Exhibit G-2 Subconsultant Fee Determination - Summary Sheet (Specific Rates of Pay) Fee Schedule subconsultaM Landau Associates Hourly Overfiead Profit Rate Discipline or Job Title Rate � 194.20 % � 30 °� Per Hour Princi al 54.66 106.15 16.40 177.2 i Senior Staff Engineer 25.00 48.55 7.50 81.05 CAD 22.69 44.06 6 73.56 Pro'ect Coordinator 21.00 40.78 630 68.08 Support Staff 16.05 31.17 4.82 52.04 Administrative 24.98 48.51 7.49 80.98 DOT 140-089 EF Exhibit E-2 8/07 �'xl�r�; �- G-3 � � Washington State Department of Transportation Paula J. Hammond, P.E. Secretary of Transportation June 4, 2012 Nancy Way, Vice President Watershed Com�any 750 6`�' Stceet South Kirkland, WA 98033-6715 Re: Watershed Company, Overhead Schedule Fiscal Year End December, 3 l, 2014 Dear Mr. Way: Transportation Building 310 Maple Park Avenue S.E. P.O. Box 47306 Olympia, WA 98504-7300 360-705-7000 'f i'Y: 1-8Q0-833-6388 wuuw.wsdotwa.gov We have completed a desk review of your overhead schedule for the above refereneed fiscal year. Our review incIuded the documentativn provided by Watershed Company. The reviewed data included, but was not limited to; tlYe sehedule of the indirect cost rate, a description of the company, basis of accounting and description of �atershed Company accounting system and the basis of indirect costs. Based on our work, we are issuing this letter of review establishing Watershed Campany averhead rate for the fiscal yeaz ending Decernber 31 2UI0 at 166.56% of direct labor. Costs billed to actual agreements will stilt be subject to audit af actual costs. Please check with the WSDOT Consultant Serviees OfFce (HQ) and/or the WSDOT Area Consultant Liaison to deterrnine when this reviewed rate will be applicable to your WSDOT agreement(s). Also, remember that when you pravide next year's overhead schedule to our office, you will also need to submit either your internally prepazed Comperr.satian Analysis for our review, or use the Nationa! Compensation Matrix {NC1Vn format to prepare your alternate analysis and we will review that. The NCM is a tool that establishes compensation amounts presumed reasonable for certain executive positions. The Compensation Analysis and NCM are described further in the AASHTO Audit Guide, Chapter 7. We will need your Compensation Ancrlysis, or alternative analysis based on use of the NCM, in order to complete our review of your overhead schedule. Watershed Company June 4, 20I2 Page 2 If you, or any representatives of Watershed Company, have any questions, please contact Martha Roach, Jeri Sivertson, or Steve McKerney at (360)705-7003. Sincerely, ��G��� Martha S. Roach Agreement Compliance Audit Manager MR:ds Enclosures cc: Steve McKerney, Director of Internal Audit Larry Schofield, MS 47323 File The Watershed Company Overhead Schedule For the Year Ended December 31, 2�10 Fivancial Statement Wntersi�ed Accepted Description Araount Adjustment WSDOT Adj. Ref. Amount % I )irect Labor � ringe BeneGts: i'TO and Holiday F[CA & Medicare Medicai and disability insurance Workers' Comp. Insurance SARSEP 1Vlatch Employment Securit}f Fringe Beneftts Unallowable otul Fringe Benefits �eneral Overhead: Generat Offce Labor Bid a�td Proposai Labor Marketing Labor and Fringe Performance/ Profit Bonuses Rent Insurance Prof, development, licenses, dues State/Local B&O taxes/licenses Field suppties Recruitment Communications-phoneJinternet Legal and business consultants Accountant Charitable Contributions Depreciatian Bank charges Auto expense Meals and travel PR/Ads/marketing supplies Nonbillable project expenses Office expenses, computer �tai Generul Overhead �651,b51 $651,G51 100.00% $135,U59 $135,059 24.73% 96,633 96,633 ] 4.83�. 136,049 I36,049 20.88°!0 15,314 15,314 2.35% 44,389 44,389 6.51'Yo 12,667 12,657 1.94% {514,589) f-I (14,589) -2.24% �440,I11 $U ($14,589) $425,522 65.30% $251,471 103,124 3�,499 140,524 t 74,000 15,395 10,170 41,057 502 431 8,354 5,285 2,96b 1,465 50,075 568 (10} 1,743 9,615 4,394 17,871 (42,899) (96,300) (51,776} (3,038) 8,40Q (14, i 06) CH A E, I B {950) 950 F ,J (1,465) G (1,743) L {9,515) D (1,099) K $251,47I 103, l24 0 44,224 108,118 12,357 t 0, I70 41,057 502 431 8,354 5,285 2,966 0 SU,075 568 fla) 0 0 3,295 17.871 38.59°l0 15.83°!. 0.00% 6.79'10 . 16.59% 1.90'/e 1.56% 6.30% 0.08% 0.07% 1.2$% 0.81% 0.46% O.00�o 7.68% 0.09% 0.00°/a 0.00% 0.00% 0.51% 2.74°!0 10i.26% ►tsl Overhead Costs �erhead Rate $1,313,6i 1 ($206,043) ($22,187) $1,085,381 166.56�0 201.58% 169.96% Page 1 166.56°/a The Watershed Company Overhead Schedule For the �ear Ended December 31, 2010 Financiul Statement Watershed Accepted I Descriptio� Amount Ad,�ustment WSDOT Adj. Ref. Awonnt % Watersl:ed Co��parry reviewed and aerepted OS/31/2012 MP "Overlieud Rate stiil subject to WSDOT Au�lit" tEFERENCES Vatershed Adjustments A Distribution of profits unaliar�vable B Key person life insurance unallowable C General cnartceting iabor unallowable, includes 58,400 in fringe unallowable D Public relations and advertising unallowabte E Common control discount F Excess federal income tax preparation. ($12Q0 charged; $250 allowable) G Charitable Contributions not allowable VSDOT Adjustments: H Unallowable portion of Fringe Benefits for marketing Labor FAR 31.205 I Sublease Income not subtracted FAR 31.205-36 J WSDOT avechead poilcy expired �vith OH's for 2Q09 (see ref. F� K Cost associated with Direct expense are unatlowahle FAR 31.201-6 L Undocumettted expenses unailowable PAR 31.201-6 Puge 2 Cerfification of Final Indirect Costs F�'m N�ite: The Wate�shed Cmnpa�y lndirecf Cost Rafe Proposal: tes.ss Date afiProposal Prepara�on (mmlddlyyyy): oz�o�zn�z Fisc�i Perbd Covered {mn3/ddlyyyy to mmlddlyyyy) 01l01l2010 M 4213'il2010 t, the undersigrted, certlfy t(iat l have revlewed the propasal to estat�flsh llrral lndksct cast rates for the �lscal period as speclfied abave and to the best of my knowledge and bellef.• !.) Al! costs Irrduded in fhis proposal to establlsh final ind�ect cQSt` rat+ss are allowable 1n accordance w�th ihs cost prkiclples oi the Federal Acquisitlon Regutations (Fi4R) of tltle 48, Code of Fecieral Regulaflons (CFRj, part 39. 2) Thls proposal does rtoi inciude any costs rviilch are expressfy unal/owrab�e unafer th8 cost prMCiptes of the FAR of 48 CFR 31. Al1 kno�vn m�terla! transectlans or evenfs thaf have oceurred aflectir�g the flrm's owr�ersitip, orgranizatJon and ind'rrect cost rates hava been disc%sed. Signature: Idame of Ce�ti(ying Offi��!'` {Pri�4t N�r way Tlde: tnce Preside� Date of Certi�cation {mm/dd/yyy�j: o2loeUZO�2 �°Certifying Officiai° must be an indlvidual exec�five or flnaneial of�cer of the f�m at a level rto lower than a V'�ce President or Chief Financiat Officer, or equivalent. wha fias fhe autttan'�y to represent the �nanciaJ (nfamatlon utiitzed to estabUsh ths indiFect cost rate €or use under Ageney contracts. Ref. FHWA Direcfive 9470.9A ava(labte an line at: btta:!/www.fhwa.dotctovneas�e�ssi�rectiveslo�ders/447U9a htm O/H Certification; Nav 2010 �x�.rgr> �-3 � � Washington State Departmenf of Transportation Paula J. Haramond, P.E. Seuetary of Transportalion September 27, 2Q11 Dennis Hobbs, Finance Director �ntlau Associates, In�. 130 2 Avenue South F.dmonds, WA 98020-3512 Re; Landau Associates, Inc. Overhead Schedule Fiscal Year End June 30, 2010 Dear Mr. Hobbs: Transportation Building 310 Mapie Padc Avenue S.E P.O. 8ox 47300 OFympia:INA 98504-7300 360-7fl5-7000 TfY: 1-800-833-6388 www.wsdot,wa_gov On September �7, 2011, as a WSDOT representative, Sarah Erdmann, Audit Spe�ialist, compteted a desk revie�v of yaur proposed FYE June 30, 2010, Overhead Schedule. Sarah also reviewed the documentation provided by Land�u .Associates, Inc. during ttus review process. The reviewed data included, but was not Ynnited to; the schedttle ofthe indirect cost rate, a description of the company, basis of accounting and description of Landau: Associates, Inc. accoiEnting system and the basis of indirect costs. Based on owr tivork, we are issuing this let�er of review estabiishing Landau Associates, irfc, ovezliead rate for the fiscal year ending June 30, 2010, af 194.20% of direct labor. Costs 6illed to actual agreements will still be subject to audtt of actual costs. Please check with the WSDOT Cons�lfant Services Office (H� audlor the VYSDOT Area Consultant Liaison to determine when this reviewed rate will be applicable to your WSD4T a�reement(s). Ptease rernember that wl�e�i you provide nexE year's overhead schedule to our office, you will also need to submit your Cwupensation Analysis for review. 1'his analysis must be in compliance wr�h the steps listed in the AASHTO Audit Guide, Chapter 7. We will need your Con:Per:salio�i A�zcrl,}�sis in order to complete our revisvt+ of,your overhead sc�edule. 1VIr. I�Q6bs �epte�ber ?�, ?f}1 t Page 2 If you or any representatives of Landau Associates, Inc. have any questions, please contact Nlartha Roach, Jeri Sivertson, ar Steve McKerney at (36Q) 705-7003. Sincerely, �'�CG�.c�-- Martha S. Roach Agreement Compliance Audit Manager MR:ds EncIosures cc: $teve McKemey, Director of Internal Audit Jeri Sivertson, Assistant Director o€Internal Audit Larry Schofield, MS 47323 File Landau Associates, Inc. Overhead Schedule For t12e Yea1- Ended .�ane 30, 2010 Finuncial Statement WSDOT Accepted Descrlption Amount I,AI Ad,j. Adj. Ref. Amount % Direct Labor 52,92G,329 $14, i 19 A $2,944,448 Ipp.pp°� Fr�nge Benefits: Vacation/sick leave/holidays Payroli taxes Medical. utsurances Non-discretionary 8c severance Discretianary distributions ES�P contnbution Unallowable Fringe To#ai Fringe Benetits Genecul Overheud: �vecl�ead Labor Fietd/Labocatory �ealth & Safety Mileage & Vehicle Travel & Lodging Office Supplies/Equipment Computer supplieslmaint Postage Te}ecoramunications Tax & License Professio�al License & Dues Building Expense Insurance Depreciation Tecluiical Referenc,es R���,g Education Gost Personnel Relations Professional Services Marketing Fa:penses Service Charges 8c Interest Donatrons Miscellaneous Expense 'oial Generul OverheAd � bt�l Overhead Costs I werhead Rate (Less FCC) $641,403 $513,�57 (�45,468) $556,163 �I22,777 ($I3,500) $46,727 {$4fi,727) 5171,�39 (�150,657) �2,052,197 ($105,645) ($ i 50,657) S64I,403 $ $468,1,19 $556,163 C $109,277 D $0 �171,539 T ($150,657) 51,795,845 $2,583,297 (5547,625j ($14,119) B,S $2,021,553 �6Q,583 ($60,583) E :$0 $17,905 $17,905 $55,649 ($52,711) F $2,938 �54,479 ($54,479) � $p �164,099 ($27,89� ($206} H,U,V,W $135,996 �72,467 $14,.6G4 S 11,?,441 $211,899 $37,019 ($4,969) �6$9,US8 ($80,080) $123,214 5343,796 ($98,641) ss,8�o $18,182 ($1,371) $b8,544 ($I,178) (S30) �35,775 ($38,775) $233,794 {$16,577} {$47,668) S i 66,452 ($166,482) $�,553 ($9,553) $7,b�2 ($7,622) $2,SS6 �5,115,007 ($I,OS8,463) ($142,103) �7,167,?04 ($1,194,158) ($292,760) 244.92% 203.13%0 I X,Y,Z, J K � M N,a O P Q $72,467 $14,664 $112,44i $211,899 S32,U50 $S�9,OU8 $123,214 $245,155 $8,s�o $t6,811 567,336 SO $189,549 SO SO �U �2,586 $3,884,441 $5,680,286 193.18% 2:1.81% 15.92% 18.91% 3.72a10 0.00% 5.83% -5.12% 61.07% 68.75% 0.00% 0.614�0 O.iO% 0:00% 4.63% 2.46% 0.50% 3.82% 7.21°/a 1.09'�0 20.71% 4.19'�a 8.34% o.3o9io 0.57% 2.29°�0 0.00'�0 6.45% O.Op% 0.00% 0.00% 0.09'�0 132.10% 193.18% Page I Landau Associates, Inc. Overhead Schedule For the Year Ended June 30, 2010 Financiai Statcment WSDOT Accepted Descrtption Amount �I Adj. Adj Ref. Amount % Facilities CosE of CapitaI �30,197 R $30,197 1.03% $5,710,483 Overhead Rstfe (Includes I+'CC) 194.20% Lanrlart Assaciates, Llc - Reviewed & Accepted 9/l7/I � SE "Over/ient! Raie still stcbject to K�SDOT Audit" La�tdau Associates, IteG does trol kave a s,}�teni in place ll�at identifies a�id segregales una/lowable etpensrs as required ur accordance wii/e the cost pri�icipals of tJ�e Fe�leral Acquisition Regrrlations (�'AR) ojlitle 48, Corle of Federa! Regulatiotrs (CFR), part 31. FAR and Cost.9ccousting S1rrnJarrts er�iplrasize tlre importa�ue ofproper classification of a!lorvable a�id ttnallorvnble cosfs r�t tlrepoiiit of entry inio tlie conrpany's accorrntiitg syste��x RMerences Landuu A,d,justmen�s: A Add direct tabor chatged to indirec� in the GL per 4S CFR 31.202. $ Estimated markedng and admin labor & FICA unallowable per 48 CFR 31305-18 & AASHTO Chapter 6. Pledse uote: Lai�dau '7�as inrplenieutecl rc�visions to tl�eir til�re recordi��g procedrrres a�id systerir to specifieally identiJy the ullori�able a�rr! unallo»able »:arketinglGrrsi�iess developriie�tt labor by individual for FYE 2011 R�:d fidure�scRl years to replace tlie �reed to develap tlrese esti��:ates in the uture" er corresponrlence fmti� SteveJolenstoii se�:� to Steve McKer�rey on January 21, 20I1. FAR 48 CFR 31.1OS l; 205-18 altd 205-33 nud tlrc A,4SHT0 Guide provide guidarice for alloivable a�rd u�tallowable siarketi�rg, sales and pron�otioual uctivities To con�ply �vitlt tlre applicable guideli��es, ei�iployees �ntrstlrave consistent a��d coruir�uul guidatrce as to tJie proper codi��g o}'time related !n a�rv of tlrese activ�[ies. C Hoiiday and stock purchase bonuses unallo�val�le per 48 CFR 31.205-6, 31.205-13(b) & AASHTO At�dit Guide. D Signing bonuses and moving bonuses in excess of 51,000 perperson unallowabte per 48 CFR 3I.205-35 & 31,201-4. E Field supplies invento .ry, eve�tually charged to projects unallowable per 48 CFR 31.202. F Same mileage & yeiiicle expenses evenivally charged to prajects una�lowable per 48 CFR 31.202. G Local meats; employee businsss meals unalao�vable per 48 CFR 31.205-14. H Estimated cost of direct photocopies unallo�vable per 48 CFR 31.202. I Lobbying unaliowab�e per 4S CI R 31.205-22. J DepreciaE�on field &}ab eguipment and veliicles used in job ci�azgeab}e acrivity unaltowable per 48 CFR 31.20?. K Local m. eats - recruiting unaiio�vable per 4S CFR 31.2U5-14. L Senunaz lodging and meals in excess of GSA li�nits unallowable per 48 CFR 31.205-46. M EmgIoyee food, etc. unaliot��able per 48 CFR 31.205-14. N Acquisition legal expenses; cotlections legal expe�ses anallo��rable per 4& CFR 3I .205-27(a), 31.205-3 & AASHTO. O Advertising; clieni eniertainment; campaign contributions; other non al}o�vable per 48 CFR 31.205-1(d), 3I.245-8, 31.205-14 & 31.205-3$. Pa�c 2 Landau Associates, Inc. Overhead Schedule For tE�e Year Ended June 30, 2010 Finnncial Statcment WSDOT Accepted _ Description Amount LAI Adj. Ad}. Ref. Amount a/, P S�rvice charges and interest unallotivable per 4S CFR 31.Z05-20. Q Donations unallowabie per 48 CFR 31.205-5. R Cost of money in the amount of �30,197 atlo�vabie per 4S CFR 31:205-10. WSDOT Adjustments: S Second part ad}ustment re[ating to Adjustn�ent "A". Reallocation of indirect labor in the amount of 514,11'9 to direct labor 48 CFR � 1.20?. T Fringe benef�ts associated wiQi marketing labor �C: indirect labor adjustment in tlte amount of $151,442 unallowable per 48 CFR 31.301-6(a). Tf�SDOT Audit netted tlee a�'jirs#n�eirt Rtrendy 1tta�le Gy Lal��larr. U Oregon State �come Tax Preparation fees for Scott Woerman in the amount of $75 unallowable per 48 CFR 31.201-4. V C�ackamas County Sheriff fnes in the amount of S36 unallo�vable per 48 CFR31.205-15. W Zweig White survey in the amount of $95 unalioivabte per 48 GFR 31.205-1. X Rent for t�xe Seattle office in the amount of $77,659 unallowable per 48 CFR 31.2U5-17, 31.20I-0{ c), 31.202(a) & 31.?Al-3. � Office beautificatiog in the amoun# of �?,361 unallowable per 48 CFR 31.201-4 & 31.201-3. Z Lions Club dues included in tl�e I7tilities account in the amocu�t of $60 & American Cancer Society payment included in ihe Education Costs account in the amount of S30 unatlowable per 48 CFR 31.205-8. a Legal fees associated with em�loyee setilement in fhe amount of $47.,668 unalIowable per 48 CFR 33.205-47. Pagc 3 Exhibit H Titie VI Assurances During the performance of this AGREEMENT, the CONSIJLTANT, for itself, its assignees, and successors in interest agrees as follows: 1. 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 CONSIJLTANT, 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 CONSULTAN'f shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including empioyment practices when the AGREEMENT covers a program set forth in Appendix B of the REGLJLATIONS. 3. Solicitations for Sub-consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSiILTANT 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 CONSIJLTANT 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. InfornLation and Reports: The CONSULTANI' shall provide all information and reports required by the REGIJLATIONS 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 REGLTLATIONS, 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 CONSLJLTANf 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. 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 CONSi1LTANT 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 6chibit H Revi,9ed 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 REGLTLATIONS, 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 (Refe� 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 CONSiJLTANT shall be paid for any authorized extra work completed. Cost Plus Fixed Fee Contracts A final payment shall be made to the CONSLILTANT 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 CONSIILTANT 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 incuned at the time of ternunation of this AGREEMENT. Cost Per Unit of Work Contracts A final payment shall be made to the CONSIILTANT for actual units of work completed at the time of ternunation of this AGREEMENT. DOT Fortn 140-089 EF Exhibit 1 Revised 6/05 Exhibit J Alieged Consultant Design Error Procedures The purpose of this eachibit 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 staffperson 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 pocuments the Alleged Consultant Design Enor(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. Exampies 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 deternuned 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 error(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place. The agency is to pmvide H&LP, through the Region pQT Fortn 140-089 EF Exhibit J Rewsed 6/05 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 avaiiable 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 Consuitant 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 consuitant's claim(s) that totai $1,000 or less. This exhibit will outline the procedures to be foilowed by the consultant and the agency to consider a potential claun by the consultant. Step 1— Consnitant 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 fust step that must be completed is the reqnest 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 iabor 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 Af�er 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 pmject'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 ciaim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. DOT �� ���9 EF Exhibit K Revised 6l05 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 eaeh 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 reimbuisable 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} Certiflcation Of Consultant Project No. Local Agency I hereby certify that I am _�!G��E�l�f/�G� �__� .�_ and duly authorized .._. _._ _ whoae addr�esa is neither I nor the abov�e (s) Employed or retained for a commission, percentage, bmkerage, contingent fee, or �t1�r consideration, any firaa or peraon (other than a bona fide employee working solely for me or the above CONSULTAI�TI� to solicit or secure the AGREEMENT; (b) Agreed, as an e�cpc�s or implied condition for obtaining thia contract, to empby or rctain the seivices of any firm � person in c;annection with carrying out this AGREEMENT; or (c) Paid, or agreed to pay, to any firnn, organization or person (other than a bona fide employee working solely for me or tiie above CONSULTANT) any fee, contnbution, donation, or consideration of any idt� for, or ia connection with, procuring or canying out this AGREEMENT; except as hereby expressly stated (if any); I acknowledge that this certificate is to be available to the Washington State of Transportation and the Federal Highway Administration, U.S. De,partment of T ti,on in connectian with this AGREEMENT iavalving participati�n of Fe+deral-aid hi is subj�t to appli !e tete aad Federal laws, both criminal and civil. � �� � � � _ , __ __ _----_. :___.. ________ � ___. �� DOT Fam 1�0�089 EF E�ddbit lu{�1(a) Ftevleed 81pb firm I here �resent has: Exhibit M-1(b) Certification Of Age�cy 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 Ariministratioq 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. 201 � �— Dafi ` - Signature UQT Form 140-089 EF Exhibit M-1(b) Revised 6/05 Exhibit M-2 Certiflcation Regarding Debarment, Suapension, and Other Respo�sibility Matters-P�imary Covered Transactions The pmspeotive primary participant certifies to the best of its Imowledge and beticf, that it and its PrinciPals: A. Are not prescntly debarred, suspended, proposed for debacment, dcclared ineligible, or �oluntarily excluded from covered transactions by any faieral depa�tment or agency; B. Have not within a thrce-year period preceding this p�oposal been canvicted of a had a civil judgment rendcred against them for commission or fraud or a criminal oPFense in coanection with obtaining, attempting to obtain, or performing a public (federal, state, or local) trangaction or conlract under a public ttansaction; violation of federal or state antitn�st statues or commissioa of embezzl�ent, theft, forgery, bribery, falsification or destnictioa of records, malcing fatse state�nts, or �eiving 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 caumerated in paragraph (n (B}. of this ceitification; and D. Have not within a thr�e (3) year period preceding this application/proposal had one or more public trensactions (federat, state, or l�al) terrninated 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 W this proposal. Consultant (Firm): Huitt-Zollars, Inc. , . ____ _--- — _.__ �. ? v ,� �� � � ___ _ _ __ _L----__ r (Date) (SlgnaWre) Prosident or Authodzed Official of Consultant DOT � � EF Exhibit M-2 Exhibit M-3 Csrtlficatlon Regarding The Rest�ictions of The use of Federal Funds for Lobbyi�g The prospective participant certifies, by signing and submittiag this bid or proposal� to the best of his or her knowlaige and belief, that: 1. No fedecai appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or atte�pting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Coagress, or an employee of a member of Congress in connection with the awarding of any Federal contract, the ma{ciag of sny Federal grant, the making of any Federal loan, the entering into of any cooperative agre:ement, and the extension, continuation, ronewal, amendment, or modification of any Federal contract, grant, loan, or coope�ative agreemant. 2. If any funds other than Federal appropriated funds have bxn paid or witl be paid to aay person for influencing or attem�ing to influence an officer or employee of any Federal agency, a m�ember of Congress, an officer or emptoyce of Congress, or aa emptoycti of a cnember of Congress in connection wiW this Foderal cantract, grant, loan, or cooperative agireemwt, the undersignod 9hall complete and submit Standard Fonn-LLL, "Disclos�ue Form to Report Lobbying," in accordance with its iastnictions. This certification is a material representation of fact upon which ieliance was placed when this ttansacrion was made or entered into. Submission of this certification is a prcrequisite for making or entering into ttris transaction unposed by Section 1352, Title 31, U.S. Code. Aay person who fails to file the required certification shall be subject to a civil penalty of not less than SI0,000 and not more than $100,000 for each such failure. The ptospective pazticipant also agre�s by submitting his or her bid or proposal that t�e or she shall require that the language of this cectification be includ� in all lower tier subconVacts which cxceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Coasultant (F' ): Huitt-Zo I nc. � � �Z _ .____�_.. � ) -_ ' � �� __ �� _ �(Stgna6�e) PresWent or Authorized v�l of Cons�t QOT Form 140�W9 EF Exl� M-3 Faevissd 8lQ5 Exhiblt M-4 Certlflcate 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 definod in sxrion 15.401 of the Foderal Aoquisition Regulation (FAR) and requirod under FAR subseetion 15.403-4� submitted, either actually or by specific identification in writing� to the contr�ting officer or to the contraetiag officer's representative ia suppo�t of Panther Lak� Trail Pro Daai�g� Setvic * ____ �_._�..__ w _.,.�._ � ___ are accurate, complete, and cutreni as of � _ _ _**. This certification includes the �st or pricing data supporting any advance and forward pricing rate agreements between the offeror and the Ciovemment that are part of the proposal. Firm Huitt Zol�acs, I nc. Name Title � Date of Execution*•* t� Ideniify the proposal, quotation, request far price adjustment, or other submission involved, giving the appropriate ic�entifying number (e.g., RFP No.j. �* Inse�t the day, month, and year when price negotiations we�e conclude� and price agreement was reachod. *** Insert the day, month, and year of signing, which should be as close as practicable to the date when the price negotiations were concludod and the contract price was agreed to. DOT � � EF Exhibit M�4 Corparations: Registration Detail Page 1 of 2 ___ Contact Us � Connect: ��L� �" Search OS08 Web Si[es SEARCH Corporations and Charities Division Corporations Home � Nonprofit Home � Charities Home I Awards I Public Notices I Contact Info Corporation Detail Neither the State of Washington nor any agency, officer, or employee of the State of Washington warrants the accuracy, reliability, or timeliness of any information in the Public Access System and shall not be liable for any losses caused by such reliance on the accuracy, reliability, or timeliness of such information. While every effort is made to ensure the accuracy of this information, portions may be incorrect or not current. Any person or entity who relies on information obtained from the System does so at his or her own risk. HUITT-ZOLLARS, INC. UBI Number 6oi�29288 Category REG Profit/Nonprofit Pmfit Active/Inactive Active State Of Incorporation TX WAFilingDate o�/3i/i996 Expiration Date o�/3i/2oi3 Inactive Date Duration Perpetual Registered Agent Information Agent Name FRANCIS WALL Address 814 E PIKE ST CiTy SEATTLE State WA ZIP 98 Special Address Information Address City State Zip Governing Persons Title Name Address Vice President MCDERMOTT , ROBERT DALLAS � T Trustee President,Director Director WALL , CLIFFORD ZOLLARS,ROBERT HU1TT , E Purchase Documents for this Corporation » DALLAS,TX DALLAS,TX DALLAS,TX http://www.sos.wa.gov/corps/search_detail.aspx?ubi=601729288 8/8/2012