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AG 13-146RETURN TO: PW ADMIN EXT: 2700 ID #: 32.0 a CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT/DIV: PUBLIC WORKS / STREETS ORIGINATING STAFF PERSON: NAVEEN CHANDRA EXT: 2729 3. DATE REQ. BY:2/25/2018 ;. TYPE OF DOCUMENT (CHECK ONE): o CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) o PUBLIC WORKS CONTRACT o PROFESSIONAL SERVICE AGREEMENT o GOODS AND SERVICE AGREEMENT o REAL ESTATE DOCUMENT o ORDINANCE t' CONTRACT AMENDMENT (AG#):13-146 ,OTHER SUPPLEMENT # 7 o SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ MAINTENANCE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ RESOLUTION o INTERLOCAL G, PROJECT NAME: SOUTH 356TH STREET IMPROVEMENT PROJECT (PACIFIC HIGHWAY S TO ENCHANTED PARKWAY S) �. NAME OF CONTRACTOR: KPG, PS ADDRESS: 3131 ELLIOTTAVENUE, SUITE 400, SEATTLE WA 98516 TELEPHONE: (206) 267-1052 E-MAIL: NELSON@KPG.COM SIGNATURE NAME: NELSON DAVIS FAx: (206) 286-1639 TITLE: PRESIDENT i, 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 # 101042 BL, EXP. 12/31/18 uBI #601248468 , EXP. / / '. TERM: COMMENCEMENT DATE:JULY 3, 2013 COMPLETION DATE:12/30/2018 L TOTAL COMPENSATION: $9,906.ASUPPLEMENT /$692,279.94 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: $100 SUPPLEMENT/$166,500.00 TOTAL IS SALES TAX OWED: 0 YES o NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: o RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED o PURCHASING: PLEASE CHARGE To: 306-4400-157-595-30-650 DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED 'PROJECT MANAGER N L/3 --1 r- 1 I� r "DIVISION MANAGER /DEPUTY DIRECTOR ,'DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) gLAW DEPT 0. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: SCHEDULED COUNCIL DATE: INITIAL / DATE APPROVED COMMIT"! EE APPROVAL DATE: COUNCIL APPROVAL DATE: 1. CO ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: 3/2I b DATE REC'D: CT SIGNATURE ROUTING o ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS o CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (INCLUDE DEPT. SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.) INITIAL/ DATE SIGNED 3 LAW DEPT SIGNATOR AYO OR-BIRECTOR) ASSIGNEDAG # SIGNED COPY RETURNED :OMMENTS: XECUTE " 2 " ORIGINALS DATE SENT: Cri -03 'l8 -Ai- Inn it -k e rJ %cv u O CO%Ai,PIA S 614 j.Gv< e-4- ak d IA^ a4(U tiv/ iU pPli'in.m P , lon112 SUPPLEMENT NO. 7 CITY OF FEDERAL WAY LOCAL AGENCY STANDARD CONSULTANT AGREEMENT FOR SOUTH 356TH STREET PACIFIC HIGHWAY SOUTH TO ENCHANTED PARKWAY SOUTH DESIGN SERVICES The local agency of the City of Federal Way desires to supplement the agreement entered into with KPG, PS effective the 3rd day of July 2013, identified as Agreement No. 13-146 as supplemented by Supplement No. 1 on December 4, 2014, Supplement No. 2 on June 15, 2015, Supplement No. 3 on December 31, 2015, Supplement No. 4 on May 27, 2016, Supplement No. 5 on December 15, 2016 and Supplement No. 6 on March 29, 2017. All provisions in the Agreement remain in effect except as expressly modified by this supplement, "Supplement No. 7." 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-7" attached hereto and incorporated by this reference (Additional Services). 11 Section V, Payment, the maximum amount payable under this Supplement No. 7 inclusive of all fees and other costs is Nine Thousand Nine Hundred Six and 38/100 Dollars ($9,906.38) for a total amount payable to the Consultant pursuant to the Agreement, Supplement No. 1, Supplement No. 2, Supplement No. 3, Supplement No. 4, Supplement No. 5, Supplement No. 6 and this Supplement No. 7, inclusive of all fees and other costs, to be an amount not to exceed Six Hundred Ninety -Two Thousand Two Hundred Seventy -Nine and 90/100 Dollars ($692,279.90). The attached Exhibit "E-7," which describes the payment for work to be performed under this Supplement No. 7, is hereby made a part of the Supplemental Agreement. III Section IV, Time for Beginning and Completion, shall be amended to extend the completion date to December 30, 2018. Signed this "1-4- y ofA , 2018. KPG, PS. By: Its: President 3131 Elliott Ave, #400 Seattle, WA 98121 (206) 286-1640 Nelson Davis CITY OF FEDERAL WAY By: Its: Mayor 33325 8th Ave S Federal Way, WA 98003 (253) 835-2401 APPROVED AS TO FORM: for J. Ryan Call, City Attorney K:\S'I1t.P:P: rs\PROJEc rS\5356 (SR99 ro S12161)\Construction \Construcnon linsincenng Support Services-KVO\Supplement # 7\13-146 S 336th 99-161 Supplement No 72!216d,,, EXHIBIT A-7 SUPPLEMENT NO. 7 CITY OF FEDERAL WAY LOCAL AGENCY STANDARD CONSULTANT AGREEMENT FOR SOUTH 356TH STREET PACIFIC HIGHWAY SOUTH TO ENCHANTED PARKWAY SOUTH Construction Engineering Support for Drainage Modification KPG Scope of Work March 13, 2018 A. BACKGROUND The scope of work is provided to extend the duration of engineering support throughout the construction phase of the South 356th Street Improvements (Pacific Highway South to Enchanted Parkway South) Project as well as provide additional design services. Design services will include survey, coordination, plan preparation, and field observation to address a drainage concern on the east leg of S 356th Street near Pacific Highway South as described below. B. SCOPE OF WORK TASK 1 — MANAGEMENT / COORDINATION / ADMINISTRATION 1.1 The Consultant shall provide continuous project management for the 3 month project duration commencing with the field meeting identified in Task 2.1. Task 1 Deliverables: Monthly progress reports (3 months) TASK 2 — CONSTRUCTION PHASE SERVICES 2.1 The Consultant will attend one field meeting with City staff to verify the goals of drainage modifications and complete the following work: • Prepare survey and mapping of area of concern. • Provide engineering evaluation of options for drainage improvement. • Provide up to two options for paving/grinding/piping modifications and cost estimates for City review. • Develop preferred alternative into a plan sheet for City use in preparation of a field work directive and request for proposal. • Attend one meeting with City, Contractor, and Construction Manager to review scope of improvements. • Provide up to one day of field inspection for implementation. Task.2 Deliverables: Surveyed Base Map Alternatives for drainage modification via .pdf email Final Plan Sheet Inspectors Daily Report & photos City of Federal Way Page 1 of 1 KPG S 350 Street Supplemement No. 7 3/13/2018 EXHIBIT E-7 HOUR AND FEE ESTIMATE t O O. a N m c,d 3 • c Y O) a w 13, O 7. C t U C C W O > O V • N 0 tD Ego u> Z N t L m Ep • a u M = E w U O i = q • v 0. • cO VI Total Fee Direct Overhead Profit Effective multiplier Hours Labor Cost 138.08% 30% 2.6808 N N '4'4I'4'4 N A V' '4'4 (p NtO n Vi E+9 It N 1N $ 922.20 L$_ 100.00 to 5 8,185.31 aiO O) Cii ✓E 12i $ 642.00 $ 886.47 j $ 192.60 12 642.00 886.47 192.60 REO N Ee. IA E» N 0) E» $ 141.60 1 1 0 H9 $ 103.20 . 56 3,016.00 4,164.51 904.80 a co O 1A $ 1,259.29 $ 237.50 _$__ 889.24 $ 651.74 $ 651.74 $ 475.00 CO a) 0) 0 1,00 1.6 EA 0 0 N C7) w $ 172.00 $ 644.00 $ 472.00 g N r-- n Ef! $ 344.00 $ 3.658.00 tD N CO W W tp co Proj Engr esign engr Project Senior "en. Urb Det-andscape survey Manager Engineer �roj. Surve Surveyor crew Technician Clerical $ 75.00 $ 60.00 $ 55.00 $ 43 00 $ 65 00 $ 36.00 $ 32.00 Supplement No. 6- Construction Engineering Support Task 1 - Management / Coordination / Administration Management and admin (3 month!) i 6 f ___—_ 1 i 1 ___6____a Iu (I 2— 1 O p a Task Totals 6 0 0 0 0 0 6 Task 2 - Construction Phase Services CO O O m CIN Tr 0 1- is 0 1.- Y N H Totals 18 0 4 32 8 0 6 (0 V C 03 C' C' Tr v c Survey and Mapping Engineering Evaluation Altemative Plan preparation Finalize Preferred alternative Pre construction site meeting C O c d 0 3 Reproduction t 1 U>uN TI A) '76a' \ ✓" 1 EA I. 2:700 1 l .0622 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT/DIV: PUBLIC WORKS / STREETS ORIGINATING STAFF PERSON: NAVEEN CHANDRA G. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ REAL ESTATE DOCUMENT ❑ ORDINANCE ❑ CONTRACTAMENDMENT(AG #):13 -146 ❑ OTHER SUPPLEMENT # 6 EXT: 2729 3. DATE REQ. BY: 3/20/2017 ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ MAINTENANCE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ RESOLUTION ❑ INTERLOCAL PROJECT NAME: SOUTH 356TH STREET IMPROVEMENTS PACIFIC HIGHWAY SOUTH TO ENCHANTED PARKWAY SOUTH) NAME OF CONTRACTOR: KPG, PS ADDRESS: 3131 ELLIOTT AVENUE SUITE 400, SEATTLE, WA 98121 E— MAIL:NELSON@KPG.COM SIGNATURE NAME: NELSON DAVIS TELEPHONE:206- 267 -1052 FAX: TITLE: PRINCIPAL 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 �j / CFW LICENSE #101042 BL, EXP. 12/31/2017 usi #601248468 , EXP. ✓ /1/ l TERM: COMMENCEMENT DATE: JULY 3, 2013 COMPLETION DATE: MARCH 30, 2018 TOTAL COMPENSATION: $48,385.88 SUPPLEMENT /$682,373.53 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: $1,350 SUPPLEMENT /$166,400 IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: 306 - 4400 - 157 - 595 -30 -411 0. DOCUMENT / CONTRACT REVIEW (ROJECT MANAGER • DIVISION MANAGER EPUTY DIRECTOR DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) J'LAW DEPT 1. COUNCIL APPROVAL (IF APPLICABLE) INITIAL / DATE REVIEWED INITIAL / DATE APPROVED COMMITTEE APPROVAL DATE: —1— • 2. COCT SIGNATURE ROUTING NT TO VENDOR/CONTRACTOR DATE SENT: 3 1E/12-0 `7 DATE REC'D: ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, XHIBITS CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIORI() EXPIRATION DATE INCLUDE DEPT. SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.) COUNCIL APPROVAL DATE: LAW DEPT IGNATORY ❑ CITY CLERK .ASSIGNED AG # SIGNED COPY RETURNED XRETURN ONE ORIGINAL ;OMMENTS: sXECUTE " 2 " ORIGINALS IN IAL / DATE SIGNED AllIWINEMY / ,. zawrz- AG# DATE SENT: 0 -30-l7- 3 2/2017 SUPPLEMENT NO. 6 CITY OF FEDERAL WAY LOCAL AGENCY STANDARD CONSULTANT AGREEMENT FOR SOUTH 356TH STREET PACIFIC HIGHWAY SOUTH TO ENCHANTED PARKWAY SOUTH DESIGN SERVICES The local agency of the City of Federal Way desires to supplement the agreement entered into with KPG, PS effective the 3rd day of July 2013, identified as Agreement No. 13 -146 as supplemented by Supplement No. 1 on December 4, 2014, Supplement No. 2 on June 15, 2015, Supplement No. 3 on December 31, 2015, Supplement No. 4 on May 27, 2016 and Supplement No. 5 on December 15, 2016. All provisions in the Agreement remain in effect except as expressly modified by this supplement, "Supplement No. 6." 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 -6" attached hereto and incorporated by this reference (Additional Services). 11 Section V, Payment, the maximum amount payable under this Supplement No. 6 inclusive of all fees and other costs is Forty -Eight Thousand Three Hundred Eighty -Five and 88/100 Dollars ($48,385.88) for a total amount payable to the Consultant pursuant to the Agreement, Supplement No. 1, Supplement No. 2, Supplement No. 3, Supplement No. 4, Supplement No. 5, and this Supplement No. 6, inclusive of all fees and other costs, to be an amount not to exceed Six Hundred Eighty -Two Thousand Three Hundred Seventy -Three and 53/100 Dollars ($682,373.53). The attached Exhibit "E- 6," which describes the payment for work to be performed under this Supplement No. 6, is hereby made a part of the Supplemental Agreement. III Section IV, Time for Beginning and Completion, shall be amended to extend the completion date to March 30, 2018. Signed this 2 `► day of /l/;re 1) , 2017. KPG, PS. By: Its: Nelson, Davis President 3131 Elliott Ave, #400 Seattle, WA 98121 (206) 286 -1640 CITY OF FEDER WAY By: im'Ferrell Its: Mayor 33325 8th Ave S Federal Way, WA 98003 (253) 835 -2401 APPROVED AS ORM: -(O✓ J. Ryan Call, City Attorney !:: \ STREETS \ PROJECTS \S356 (SR99 to SR161) \ Construction \Construction Engmcering Support Services -KPG \Legal Review \Review 2 \ 13 -136 S 356th 99 -161 Supplement No 6- 32217.docx EXHIBIT A -6 SUPPLEMENT NO. 6 CITY OF FEDERAL WAY LOCAL AGENCY STANDARD CONSULTANT AGREEMENT FOR SOUTH 356TH STREET PACIFIC HIGHWAY SOUTH TO ENCHANTED PARKWAY SOUTH KPG Scope of Work Construction Engineering Support A. BACKGROUND The scope of work is provided to include engineering support throughout the construction phase of the South 356th Street Improvements (Pacific Highway South to Enchanted Parkway South) Project. This work includes preconstruction support, construction phase services, and on -call construction verification surveying as described herein. KPG, PS (Consultant) will work at the direction of the City's Project Manager in coordination with the overall construction management effort. All effort on this project will be as requested by the City or City assigned Construction Manager for the project. It is anticipated that budgets between Tasks will be adjusted as required to provide the requested services. B. SCOPE OF WORK TASK 1 - MANAGEMENT / COORDINATION /ADMINISTRATION 1.1 The Consultant shall provide continuous project management for the project duration from March 15, 2017 to November 30, 2017. 1.2 The Consultant shall prepare monthly progress reports (when work was completed during that month) identifying work completed in the previous month, work in progress, upcoming work elements, and reporting of any delays, problems, or additional information needs. These reports shall be submitted with the Consultant invoices. 1.3 The Consultant shall provide continuous management and administration of all subcontractors included in this scope of work. Task 1 Deliverables: Monthly progress reports (8 months) TASK 2 — CONSTRUCTION PHASE SERVICES 2.1 The Consultant shall provide on -call support, which may include, attending preconstruction meeting, weekly progress meetings, review shop drawings, interpretation of plans and specifications, and construction change order assistance on an as requested basis. Specific tasks are anticipated to include: • Preconstruction Services: Assistance with utility coordination, coordination with City field and administrative staff, attendance at preconstruction meeting and other support as requested by the City in preparation for construction. • Construction Meetings: Attend weekly construction meetings or other project meetings at the construction site to review, in conjunction with the City, the Contractor's progress and construction schedule. Weekly attendance is not anticipated for the project duration; however, the project design manager and other engineers will attend as requested. City of Federal Way Page 1 of 2 KPG S. 356th Improvement Project Supplement No. 6 Provide feedback and follow up as appropriate. Budget allowances for meeting attendance is shown on the attached hour estimate based on the following assumptions on meeting attendance: • Meetings as requested by the City or City's field staff (estimate four meetings) • Submittals: Review and comment on the Contractor's submittals as requested, including shop drawings as requested within the budget allowance shown in Exhibit E -6. • Interpretation of Plans and Specifications: Provide technical assistance to clarify and interpret the contract documents at the request of the City. Assist the City in answering Contractor questions. Respond to requests for information (RFIs), prepare requests for quotation (RFQs), and prepare construction field directives (CFDs) as requested. • Change Order Assistance: In the event that the provisions of the Contract Documents need to be revised, prepare the necessary revisions to the drawings and specifications. On request, provide engineering or independent peer review of contractor, City, or utility proposed plan changes. • Subconsultant Construction Support: Project Subconsultants for geotechnical (Landau Associates) and Structural (Bright Engineering) will be retained for construction support on an as requested basis. Budget allowances for each Subconsultant are shown on the attached reimbursable breakdown. Task.2 Deliverables: Documentation as requested in support of on -call construction support TASK.3 — UTILITY COORDINATION ALLOWANCES 3.1 The Consultant will provide assistance to facilitate franchise utility relocations and adjustments as requested by the City. These services may include design modifications that may be required to facilitate franchise utility work. The purpose of this task is to provide a budget allowance and tracking mechanism for possible reimbursement to the City by the franchise utilities. Work for each utility will be tracked separately on monthly invoices. The City will be responsible for obtaining reimbursement on these charges when applicable. TASK.4 — CONSTRUCTION SURVEYING 4.1 The Consultant will provide construction verification surveying on an as requested basis. Primary survey will be provided by the Contractor; however, the City may request verification survey and staking. The Consultant has included an allowance of 40 hours of survey crew time with necessary office support. C. OTHER SERVICES The City of Federal Way may require other services of the Consultant. These services could include other work tasks not included in the scope of work. These services may include, but are not necessarily limited to, additional construction support, engineering or independent peer review of contractor, City, or utility proposed plan changes, assistance with property issues, or other services deemed necessary by the City. At the time these services are required, the Consultant shall provide the City with a detailed scope of work and an estimate of costs. The Consultant shall not proceed with the work until the City has authorized the work and issued a Notice to Proceed. City of Federal Way Page 2 of 2 KPG PHS HOV Lanes Phase IV Supplement No. 6 EXHIBIT E -6 HOUR AND FEE ESTIMATE a ode T CD O i a n. c 13 lc; � E c o > > O U O. EW 0 T 55 T N 3 o r r U- • 0 L ▪ w T 7 0 O CO U V) a v 0 0 Total Fee Effective multiplier 2.4788 Fs 1,060.93 $ 1,060.93 O c0 Eh E9 c0 O V' CO W W 0) CO cn 0) N N EAi NM N O .- VI m (`') V CD ,n LO csi Ml CO 0 LA O CO O LOOOOOao CO N 69 09. 0 0 O O O O LO in s- CO di 0 O o LO. .- MN 0 N co r co $ 1,804.57 $ 1,804.57 $ 1,804.57 $ 9,875.54 $ 100.00 $ 50.00 $ 15,439.24 $ –. 9,310.37 $ 200.00 $ 9,510.37 $ 48,385.88 O CO m CO CO N N �I 0 In In 26 1,391.00 1,639.71— 417.30 1 0 10) CD' i CO O N 7 �' 0 Vp A ch O) N .- CO CO 0 .- 122 6,450.00 7,603.26 1,935.00 CO CO. c0 0 N N N'O 118 6,168.00 7,270.84 1,850.40 n N- N- R of P- M — O `O 4,427.57 1,126.80 20,941.38 5,329.50 Direct Overhead Labor Cost 117.88% CO CO CO N CO co w -ff N-N-0) <tvv:cno O' CO Cr -a (6 I to ` co co vv 0 0 fp 0 ^ CO 1• aoia$ O . a o El co N .- m N M EDN ,rN,- Supplement No. 6- Construction Engineering Support Task Totals 13 ; 0 1 0 I 0 1 0 1 0 1 13 Task 2 - Construction Phase Services N N let 7 N OR N V' 16 24 44 10 0 16 12 N N N V -1 Task Totals 20 8 52 0 0 28 10 Task 4 - Construction Surveng Construction Verification Surveying_ 0 __ _1 _ ,____0 8 _ � 12 40 0 i 0 Mileage Reproduction 0 0 44 35 V V 1 V Task Totals 0 0 8 12 ' 40 1 Totals 49 32 104 22 I 40 OIOOOO O'0Oo 0000 1 O0 et cu V V V V O Senior Engineer $ 60.00 0 0 OOOCO V V a CO Change order review and assistance Mileage Task Totals Task 3 - Utility Coordination Allowances Comcast coordination Lakehaven Utility District coordination ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DD/YYYY) 3/28/2017 DATE(M 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 Hall & Company 19660 10th Ave NE Poulsbo WA 98370 NAMEACT Allison Andrus PHONE 360 - - FAX {A/C No Fat) 626 2007 (A/C. No): 360- 598 -3703 E-MAIL . aandrus @hallandcompany.com INSURER(S) AFFORDING COVERAGE NAIC X INSURERA:The Travelers Indemnity Company of INSURERB:The Travelers Indemnity Company of 25682 25666 INSURED 282 KPG Inc 3131 Elliott Avenue, Suite 400 Seattle WA 98121 INSURER C :Lexington Insurance Company 19437 INSURERD: EACH OCCURRENCE INSURER E : INSURER F : CLAIMS -MADE COVERAGES CERTIFICATE NUMBER: 1236993663 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 ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MMIDD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A x COMMERCIAL GENERAL LIABILITY 6803947N451 6/1/2016 6/1/2017 EACH OCCURRENCE $1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $300,000 X XCU /OCP /BFPD MED EXP (My one person) $5,000 X GENL Cross Liability AGGREGATE POUCY OTHER X LIMIT APPLIES EC PER: LOC PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 PRODUCTS- COMP /OPAGG $2,000,000 $ B AUTOMOBILE X LIABILITY ANY AUTO AUT OWNED HIRED AUTOS SCHEDULED NON -OWNED AUTOS BA4011N714 6/1/2016 6/1/2017 COMBINED SINGLE LIMI r (Ea accident) $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB _ OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTON$ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/ N N / A 6803947N451 6/1/2016 6/1/2017 STATUTE X OTH- ER WA Stop Gap E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 C Professional Liab Claims Made 028174929 6/1/2016 6/1/2017 $2,000,000 Per Claim $4,000,000 Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate Holder(s) is /are an Additional Insured on the Commercial General Liability and Auto Liability when required by written contract or agreement regarding activities by or on behalf of the Named Insured. The Commercial General Liability insurance is primary insurance and any other insurance maintained by the Additional Insured shall be excess only and non- contributing with this insurance. A waiver of subrogation applies to the Commercial General Liability, Auto Liability, and Workers Compensation / Employers Liability in favor of the Additional Insured. Project/Job Name: South 356th Street - Pacific Highway South to Enchanted Parkway South. Project Number 13076 CERTIFICATE HOLDER CANCELLATION City of Federal Way 33325 8th Ave S Federal Way WA 98003 -6325 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 7 ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to in- clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. b. c. In the performance tions; In connection with rented to you; or In connection with "your work" and included within the "products- completed operations hazard ". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which cover- age as an additional insured specifically is added by another endorsement to this Cover- age Part. e. This insurance does not apply to the render- ing of or failure to render any "professional services ". f. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF of your ongoing opera- premises owned by or CGD3810907 INSURANCE (Section III) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non - contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance ". But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily © 2007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission COMMERCIAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- sonal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- Page 2 of 2 erage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in- jury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. © 2007 The Travelers Companies, Inc. CG D3 81 09 07 Includes the copyrighted material of Insurance Services Office, Inc., with its permission COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED B. EMPLOYEE HIRED AUTO C. EMPLOYEES AS INSURED D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS E. TRAILERS — INCREASED LOAD CAPACITY F. HIRED AUTO PHYSICAL DAMAGE G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT A. BLANKET ADDITIONAL INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LIABILITY COV- ERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance applies and only to the extent that person or or- ganization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. B. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION 11 — LI- ABILITY COVERAGE: An "employee" of yours is an "insured" while operating a covered "auto" hired or rented under a contract or agreement in that "em- ployee's" name, with your permission, while CAT4200710 H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT — INCREASED LIMIT I. WAIVER OF DEDUCTIBLE —GLASS J. PERSONAL EFFECTS K. AIRBAGS L. AUTO LOAN LEASE GAP M. BLANKET WAIVER OF SUBROGATION performing duties related to the conduct of your business. 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while perform- ing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto ". C. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LIABILITY COV- ERAGE: Ca. 2010 The Travelers Indemnity Company. All rights reserved. Page 1 of 3 Includes copyr ghted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2) of SECTION II — LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4) of SECTION II — LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. E. TRAILERS — INCREASED LOAD CAPACITY The following replaces Paragraph C.1. of SEC- TION I — COVERED AUTOS: 1. "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. F. HIRED AUTO PHYSICAL DAMAGE The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Hired Auto Physical Damage Coverage If hired "autos" are covered "autos" for Liability Coverage but not covered "autos" for Physical Damage Coverage, and this policy also provides Physical Damage Coverage for an owned "auto ", then the Physical Damage Coverage is extended to "autos" that you hire, rent or borrow subject to the following: (1) The most we will pay for "loss" in any one "accident" to a hired, rented or borrowed "auto" is the lesser of: (a) $50,000; (b) The actual cash value of the damaged or stolen property as of the time of the "loss "; or (c) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. (2) An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss ". Page 2 of 3 (3) If a repair or replacement results in better than like kind or quality, we will not pay for the amount of betterment. (4) A deductible equal to the highest Physical Damage deductible applicable to any owned covered "auto ". (5) This Coverage Extension does not apply to: (a) Any "auto" that is hired, rented or bor- rowed with a driver; or (b) Any "auto" that is hired, rented or bor- rowed from your "employee ". G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT — INCREASED LIMIT Paragraph C.2.. Limit Of Insurance, of SEC- TION III — PHYSICAL DAMAGE COVERAGE is deleted. I. WAIVER OF DEDUCTIBLE —GLASS The following is added to Paragraph D., Deducti- ble, of SECTION I11 — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. J. PERSONAL EFFECTS The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Effects Coverage We will pay up to $400 for "loss" to wearing ap- parel and other personal effects which are: (1) Owned by an "insured "; and (2) In or on your covered "auto ". This coverage only applies in the event of a total theft of your covered "auto ". No deductibles apply to Personal Effects cover- age. t 2010 The Travelers Indemnity Company. All rights reserved. CA T4 20 07 10 Includes copyeghted material of Insurance Services Office, Inc. with its permission. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss ". L. AUTO LOAN LEASE GAP The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles In the event of a total "loss" to a covered "auto" of the private passenger type shown in the Schedule or Declarations for which Physical Damage Cov- erage is provided, we will pay any unpaid amount due on the lease or loan for such covered "auto" less the following: (1) The amount paid under the Physical Damage Coverage Section of the policy for that "auto "; and CAT4200710 COMMERCIAL AUTO (2) Any: (a) Overdue lease or loan payments at the time of the "loss" (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not returned by the les- sor; (d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (e) Carry -over balances from previous loans or leases. M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract exe- cuted prior to any "accident" or "loss ", pro- vided that the "accident" or "loss" arises out of the operations contemplated by such con- tract. The waiver applies only to the person or organization designated in such contract. 7 2010 The Travelers Indemnity Company. All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. © ®1 ® Home 1 Print 1 Email I Contact Us I Employee Resources I Copyright Notices I Accessibility 1 Sitemap I Translate Ka PP- 33325 8th Ave. South, Federal Way, WA 98003, 253 - 835 -7000 I Powered by CivicPlus Federal Way WASHINGTON CT US TI ON e- Permits HOME Terms a Conditions PUBLIC INFORMATION Locate a Business Permits Information Issued Permits Contractor Search REGISTERED USERS Apply for Permit View My Permits Request Inspection New Registration Update Registration Login INSIDE CITY HALL SERVICES DOING BUSINESS ID 06 101042 000 00 BL OUR COMMUNITY Reference File Name Description Online Permit PERMIT /BUSINESS DETAILS Sub Type Work Type Name Status Application Date Issue Date Expiration Date Business Registration Non - Resident Business Other KPG INC Open Mar 06, 2006 Mar 06, 2006 Dec 31. 2017 Number Pre. Street PROPERTY DETAILS Typet Der Type Number City State Zip Legal Desc YP Type 3131 ELLIOTT AVE Suite 400 SEATTLE WA 98121 Desc. PEOPLE DETAILS Org. Name Address City State Zip Phone# Applicant KPG INC PS 3131 ELLIOTT AVE SUITE 400 SEATTLE WA 98121 (206)286 -1640 Business Owner KPG INC PS 3131 ELLIOTT AVE SUITE 400 SEATTLE WA 98121 (206)286 -1640 Mailing Address KPG INC PS 3131 ELLIOTT AVE SUITE 400 SEATTLE WA 98121 (206)286 -1640 Info. Desc. BUSINESS INFO Value Business Ownership Type Corporation S.I.C. Code 8710 - Engineering /Architectural & Survey Services Gambling on Premises? NO Liquor Served on Premises? NO Number of Full -Time Employees in City 0 Business Phone Number 2062861640 Number of Part-Time Employees in City 3 Date Business To Start in FW Mar 6, 2006 Fee Desc. PERMIT /LICENSE FEE(S) Fee Amount Balance LIC- BUSINESS LIC. (1530) LIC -BUS. LICENSE RENEWAL (1532) LIC -BUS. LICENSE RENEWAL (1532) LIC -BUS. LICENSE RENEWAL (1532) LIC -BUS. LICENSE RENEWAL (1532) UC -BUS. LICENSE RENEWAL (1532) LIC -BUS. LICENSE RENEWAL (1532) LIC -BUS. LICENSE RENEWAL (1532) LIC -BUS. LICENSE RENEWAL (1532) LIC -BUS. LICENSE RENEWAL (1532) LIC -BUS. LICENSE RENEWAL (1532) LIC -BUS. LICENSE RENEWAL (1532) 575.00 550.00 550.00 550.00 550.00 $50.00 550.00 550.00 550.00 550.00 550.00 550.00 50.00 50.00 $0.00 $0.00 50.00 $0.00 $0.00 50.00 50.00 $0.00 50.00 50.00 PROCESSES AND NOTES Process Description Status Schedule Date Start Date End Date Assigned Staff # of Attempts Application Received - BL Application Routing Planning Review Renewal Notice Pre - Issuance Processing - BL Renewal Processing Completed Closed Mar 06, 2006 Mar 06, 2006 Mar 06, 2006 Cathleen Rossick (253- 835 -2527) Closed Mar 06, 2006 Mar 06, 2006 Mar 06, 2006 Cathleen Rossick (253- 835 -2527) Closed Mar 06, 2006 Mar 06, 2006 Mar 06, 2006 Betty Cruz Closed Nov 14, 2006 Dec 20, 2006 Nov 18, 2010 Cathleen Rossick (253- 835 -2527) Closed Mar 06, 2006 Mar 06, 2006 Mar 06, 2006 Cathleen Rossick (253 -835 -2527) Closed Dec 20, 2006 Dec 20, 2006 Nov 18, 2010 Cathleen Rossick (253-835-2527) Back 0 0 0 0 Powered by CSDC's AMAND' BPS. U6I Number Category Active /Inactive State Of Incorporation WA Filing Date Expiration Date Inactive Date Duration Agent Name Address City State ZIP Address City State Zip 60 "_48468 PRO Active WA 05/I0 /1998 05/31/201 / NELSON DAVIS 3131 ELLIOTT AVE STE 400 SEATTLE WA 981211006 753 9T9 AVE N SEATTLE WA 981094309 GoVerrung Pasons(asefefirled it RCW23.95105112)0httPY/ app, leg. WagwA tCW /supdefatlLaspx?0 2395.1050 Title Name Address Governor DAVIS, NELSON 3131 ELLIOTT AVENUE SUITE 400 SEATTLE , WA 98121 Governor FUESEL. PAUL 3131 ELLIOTT AVENUE SUITE 400 SEATTLE, WA 98121 Governor ASATO, SESSVLE 3131 ELLIOTT AVENUE SUITE 400 SEATTLE , WA 98121 Governor WRIGHT, TERRY 2502 JEFFERSON AVENUE TACOMA, WA 90402 Governor DEAN JR, DENNIS 3131 ELLIOTT AVENUE SUITE 400 SEATTLE, WA 98121 RETURN TO: -v V paJM j fl EXT: 2_"100 1 j. 111 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / STREETS 2. ORIGINATING STAFF PERSON: NAVEEN CHANDRA EXT: 2729 3. DATE REQ. BY: RUSH 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ REAL ESTATE DOCUMENT ❑ ORDINANCE ❑ CONTRACTAMENDMENT(AG #):13 -146 ❑ OTHER SUPPLEMENT # 5 ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ MAINTENANCE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ RESOLUTION ❑ INTERLOCAL 5. PROJECT NAME: SOUTH 356TH STREET IMPROVEMENTS (PACIFIC HIGHWAY SOUTH TO ENCHANTED PARKWAY SOUTH) 6. NAME OF CONTRACTOR: KPG. PS ' ,r ADDRESS: L 01451 a 1 (off Sti W, scGI , C( .b ) 124 TELEPHONE: 206- 286 -1640 E -MAIL: FAX: TITLE: PRINCIPAL SIGNATURE NAME: NELSON DAVIS 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 #101042 BL, EXP. 12/31/2015 UBI #601248468 , EXP. 05/31/2015 8. TERM: COMMENCEMENT DATE: JULY 1 2013 COMPLETION DATE: MARCH 30.2017 9. TOTAL COMPENSATION: $9,986.60 SUPPLEMENT /$633.987.65 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: $325SUPPLEMENT /$165.050 TOTAL IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ ❑ PURCHASING: PLEASE CHARGE To: 306- 4400 - 157 -595- 30-411 10. DOCUMENT / CONTRACT REVIEW ROJECT MANAGER [VISION MANAGER DEPUTY DIRECTOR JZOIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) / PJ LAW DEPT PAID BY: ❑ CONTRACTOR ❑ CITY INITIAL / DATE REVIEWED 7 INITIAL / DATE APPROVED 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ENT VENDOR/CONTRACTOR CI ATTACH: SIGNATURE AUTHORITY, INSURANCE S LAW DEPT /❑'CHIEF OF STAFF SIGNATORY (MAYOR OR DIRECTOR) CITY CLERK ASSIGNED AG # IGNED COPY RETURNED b RETURN ONE ORIGINAL COMMENTS: PLEASE EXECUTE "2" ORIGINALS DATE SENT: CERTIFICATE, LICENSE , EXHIBITS I IAL/ DATE SIGNED DATE REC'D: 1/15 SUPPLEMENT NO. 5 CITY OF FEDERAL WAY LOCAL AGENCY STANDARD CONSULTANT AGREEMENT FOR SOUTH 3567H STREET PACIFIC HIGHWAY SOUTH TO ENCHANTED PARKWAY SOUTH DESIGN SERVICES The local agency of the City of Federal Way desires to supplement the agreement entered into with KPG, PS effective the 3rd day of July 2013, identified as Agreement No. 13 -146 as supplemented by Supplement No. 1 on December 4, 2014, Supplement No. 2 on June 15, 2015, Supplement No. 3 on December 31, 2015 and Supplement No. 4 on May 27, 2016. All provisions in the Agreement remain in effect except as expressly modified by this supplement, "Supplement No. 5." 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 -5" attached hereto and incorporated by this reference (Additional Services). II Section V, Payment, the maximum amount payable under this Supplement No. 5 inclusive of all fees and other costs is Nine Thousand Nine Hundred Eighty -Six and 60/100 Dollars ($9,986.60) for a total amount payable to the Consultant pursuant to the Agreement, Supplement No. 1, Supplement No. 2, Supplement No. 3, Supplement No. 4, and this Supplement No. 5, inclusive of all fees and other costs, to be an amount not to exceed Six Hundred Thirty -Three Thousand Nine Hundred Eighty -Seven and 65/100 Dollars ($633,987.65). The attached Exhibit "E -5," which describes the payment for work to be performed under this Supplement No. 5, is hereby made a part of the Supplemental Agreement. III Section IV, Time for Beginning and Completion, shall be amended to extend the completion date to March 30, 2017. Signed this/ s/ S day of /)----. , 2016. KPG, PS. i I Nelson By: avis Its: President 3131 Elliott Ave, #400 Seattle, WA 98121 (206) 286 -1640 CITY O DE' WAY By: Its: Mayor 33325 8th Ave S Federal Way, WA 98003 (253) 835 -2401 APPROVED AS RM: Mark Orthmann, Acting City Attorney K: \STREETS\PROJECTS1S356 (SR99 to SR161) \Design \Consultant Agreement \Supplement No. 5 \13 -146 S 356th 99 -161 Supplement No 5.docx Exhibit A -5 City of Federal Way South 356th Street Roadway Improvements Pacific Highway South to Enchanted Parkway South Supplement No. 5 Additional Design and Right of Way Services KPG Scope of Work November 29, 2016 Task 14 — Final Design 14.26 The Consultant provided additional altemative analysis, utility coordination, and retaining wall design associated with the proposed electrical service location at the Graham parcel. This work included the following: o Altemative analysis for locating PSE transformer and underground vs. aerial electrical service lines near the eastem driveway to the Graham parcel. o Re- design of wall, driveway, and joint utility trench for selected altemative on west side of driveway. o Following completion of the new service design, the property owner and PSE proceeded with undergrounding the electrical service in advance of construction and in conflict with proposed wall and utilities. The Consultant shall re- design wall and joint utility trench plans to provide transformer location and service on east side of driveway. o Prepare legal description and update right of way plans for new transformer location. Preparation of easement documents, negotiations, and recording will be performed by the City. 14.27 The Consultant prepared alternative analysis, field review, and final plans, specifications, and estimates for a conduit run along the project limits for future City fiber use. Task 15 — Plan Production 15.3 The original scope assumed the City would provide bidding services; however, the project will be bid using BXWA.com. The Consultant shall upload contract documents to BXWA.com for bidding. Assemble and coordinate the printing of 25 sets of half size plans, 25 sets of specifications, and 3 full size plan sets for City use. This is a clarification to the current City process for bidding and results in no additional cost to the City. BXWA fees will be paid by the City. City of Federal Way Page 1 of 1 KPG South 356m Street Supplement No. 5 11/29/2016 EXHIBIT E -5 HOUR AND FEE ESTIMATE ! m E d m O D C r v C W 'C • r a • 0 m 0 N Nu) 10 t t Ob O Z v z% O b V Cl) a 0 0 0 O a a C 0 C O 0 0 O 0 0 0 E m 0. O. tl) Total Fee Direct Overhead Profit Effective multiplier Hours Labor Cost 145.78% 30% 2.7578 $ 6,806.53 $ 3.180.07 o co c 0 of M $ 2,346.12 (2,346.12) 0 N O V c o 0) m ■O co c) CO c+) CO Ili V CN •--pp 91 3,621 5,279 1,086 26 851 1,240 2551 26 851 1 ,240 2551 Proj Engr Dsn engr Senior Project Senior LA LA Survey Engineer Manager Proj Sun/ Surveyor crew Tech Clerical $ 64.90 $ 56.56 $ 41.00 $ 35.60 $ 50.65 $ 28.85 $ 22.35 14.24 Graham Parcel wall, driveway, JUT revisions 0 5 43 7 0 6 0 14.25 Future City fiber 0 2 8 20 0 0 0 Task Total 0 7 51 27 0 6 0 Work Element 15 - Plan Production Reduced repro due to BXWA process in lieu of City i Task Total 0 2 8 0 0 8 8 IN CNI A ti r CO O N Q) N 0) 0 TOTAL HOURS AND TOTAL. ESTIMATED FEE RETURN TO:--- LO PVIllitii.A.- ) EXT: 29 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / STREETS 2. ORIGINATING STAFF PERSON: NAVEEN CHANDRA 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ ❑ PROFESSIONAL SERVICE AGREEMENT ❑ ❑ GOODS AND SERVICE AGREEMENT ❑ REAL ESTATE DOCUMENT ❑ ORDINANCE XCONTRACT AMENDMENT (AG #):13 -146 ❑ OTHER SUPPLEMENT # 4 ExT: 2729 3. DATE REQ. BY:ASAP SMALL OR LIMITED PUBLIC WORKS CONTRACT MAINTENANCE AGREEMENT HUMAN SERVICES / CDBG SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) RESOLUTION INTERLOCAL 5. PROJECT NAME: SOUTH 356TH STREET IMPROVEMENTS (PACIFIC HIGHWAY SOUTH TO ENCHANTED PARKWAY SOUTH) 6. NAME OF CONTRACTOR: KPG, PS ADDRESS: 753 9TH AVENUE N. SEATTLE, WA 98109 E -MAIL: SIGNATURE NAME: NELSON DAVIS TELEPHONE: 206-286-1640 FAX: TITLE: PRINCIPAL 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 #101042 BL, EXP. 12/31/ nCU c UBI #601248468 , EXP. 05/31NZb 1(p 8. TERM: COMMENCEMENT DATE: JULY 3, 2013 COMPLETION DATE: UPON COMPLETION 9. TOTAL COMPENSATION: $16,045.8 SUPPLEMENT /$624001.05 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: $325SUPPLEMENT /$165,050 TOTAL IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: 306- 4400 - 157 - 595 -30 -411 10. DOCUMENT / CONTRACT REVIEW ROJECT MANAGER ❑ DIVISION MANAGER UTY DIRECTOR .-LIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) tAW DEPT 11. COUNCIL APPROVAL (IF APPLICABLE) INITIAL / DATE REVIEWED INITIAL / DATE APPROVED NL' 4/2 J 16 Offylrittremin COMMITTEE APPROVAL DATE: SENT TO VENDOR/CONTRACTOR DATE SENT: ✓ 12. CONTRACT SIGNATURE ROUTING �j i 111 „ r�� e ` 14 eniAl l ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS INITIAL/ DATg SIGNED )(LAW DEPT ❑ CHIEF OF STAFF XSIGNATORY ❑ CITY CLERK ASSIGNED AG # �❑"- SIGNED COPY RETURNED XRETURN ONE ORIGINAL COMMENTS: PLEASE EXECUTE "2" ORIGINALS OR DIRECTOR) 50.6/1 AG DATE SENT: -q Ofo -02- lip • diet -��5 /OI I,OL14. ( Ino / (( (O L'1Li= (0 f/t /r6) COUNCIL APPROVAL DATE: DATEREC'D: v 12 1114 1/15 SUPPLEMENT NO. 4 CITY OF FEDERAL WAY LOCAL AGENCY STANDARD CONSULTANT AGREEMENT FOR SOUTH 356TH STREET PACIFIC HIGHWAY SOUTH TO ENCHANTED PARKWAY SOUTH DESIGN SERVICES The local agency of the City of Federal Way desires to supplement the agreement entered into with KPG, PS effective the 3rd day of July 2013, identified as Agreement No. 13 -146 as supplemented by Supplement No. 1 on December 4, 2014, Supplement No. 2 on June 15, 2015 and Supplement No. 3 on December 31, 2015. 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: Section 11, 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). 11 Section V, Payment, the maximum amount payable under this Supplement No. 4 inclusive of all fees and other costs is Sixteen Thousand Forty -Five and 80/100 Dollars ($16,045.80) 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 cost to be an amount not to exceed Six Hundred Twenty -Four Thousand One and 05/100 Dollars ($624,001.05). The attached Exhibit "E -4," which describes the payment for work to be performed under this Supplement No. 4, is hereby made a part of the Supplemental Agreement. Signed this e "• day of 144/ , 2016. KPG, PS. By: Its: Nelson, Davis Principal 753 9th Avenue N. Seattle, WA 98109 (206) 286 -1640 CITY OF FEDERAL WAY Its: Mayor 33325 8th Ave S Federal Way, WA 98003 (253) 835 -2401 APPROVED AS TO FORM: - rOTAmy Jo Pearsall, City Attorney K: \STREETS \PROJECTS \S356 (SR99 to SR161) \Design \Consultant Agreement \Supplement No.4 \13 -146 S 356th 99- 161 Supplement No 4.docx Exhibit A -4 City of Federal Way South 356th Street Roadway Improvements Pacific Highway South to Enchanted Parkway Supplement No. 4 Additional Design and Utility Coordination KPG Scope of Work May 5, 2016 Task 1 — Project Management 1.4 Provide continued project management and administration for 10 months. This timeframe is anticipated to extend through completion of final plans, specifications, and estimates. Task 3 — Mapping 3.10 Additional mapping was required following the initial survey at the following locations: • New development/frontage improvements on south side of S 356th Street at east end of project. • Repair of existing storm outfall by City. Consultant shall provide field survey and update base maps and DTM to incorporate these features. Task 4 — Utility Mapping 4.4 Provide field locate services and incorporate new utilities installed within right -of -way for the new development at the east end of the project. Task 6 — Geotechnical Engineering 6.5 During the field exploration phase of the project, Landau Associates (geotechnical subconsultant) encountered changes to requirements for asphalt repair of the boring locations that were neither anticipated nor accounted for in the original scope of work, dated July 3, 2013. The approved work plan from Landau Associates dated /revised December 31, 2013 stated that the borings and pavement cores would be backfilled with bentonite clay chips and patched with 12 inches of concrete in accordance with Chapter 173 -160 WAC. In the Right -of -Way Permit ( #14- 105803- 00 -AR) issued by the City of Federal Way, dated November 6, 2014, Landau Associates was directed to backfill the borings with 5/8 -inch crushed rock and patch with a minimum of 3- inches of hot mix asphalt. Due to this requirement, the holes were backfilled with a different material than was scoped, which required Landau to subcontract a paving contractor to patch the holes with hot mix asphalt. This resulted in additional costs associated with asphalt patching, traffic control, labor, and materials. City of Federal Way South 356'x' Street Page 1 of 2 Supplement No. 4 KPG 5/5/2016 Task 11 — Right -of -Way Calculations 11.8 The Consultant provided additional field and office support to the city's efforts in obtaining a settlement agreement with Donald B. Murphy Contractors, Inc. Task 14 — Final Design 14.24 Signal modifications at the intersection of S 356th Street and Pacific Highway South were added to the project by the City. Proposed improvements include an advanced lane assignment sign, signal head modifications, and signal controller modifications associated with providing a variable left turn /through movement lane. The Consultant will coordinate with the City, material manufacturers /suppliers, and other outside agencies as necessary to evaluate the feasibility of a fully functional variable lane assignment system. This is a non - standard application for traffic signal control; therefore detailed review of applicable laws, design standards and engineering guidances will be required. It is anticipated that coordination with FHWA may be required to receive authorization for this application. Final design will be authorized under a separate supplement if the City elects to move forward with this design. 14.25 Washington Department of Ecology has approved additional water quality devices since original design and preparation of the Technical Information Report. The Consultant shall review applicability of these devices and incorporate an option between approved devices into plans and specifications where possible. Allowing use of alternate treatment devices is of benefit to the City by increasing competition in bidding compared to sole source specifications; however, sole source applications may be required in some locations due to conveyance system configuration. Task 19 — CenturyLink Design Revisions in lieu of Relocation 19.1 CenturyLink has requested revision to the proposed drainage system in order to eliminate conflict with an existing duct bank. The Consultant shall incorporate drainage design changes into the final plans, specifications, and estimates; re- design water quality facility sizing; and update the Technical Information Report. These changes are necessary to resolve the conflict between CenturyLink facilities and the proposed drainage system at approximate station 214 +70 RT as described in the 10/05/15 memorandum from CenturyLink to the City. City of Federal Way South 356" Street Page 2 of 2 KPG Supplement No. 4 5/5/2016 FEE SUMMARY Project: EXHIBIT E -4 KPG • Architxture • Landscape Architecture • Civil Engineering • City of Federal Way South 356th Street Roadway Improvements Pacific Highway South to Enchanted Parkway Supplement 4 - Additional Design and Utility Coordination Description Estimated Fee Work Element 1 - Project Management Work Element 2 - Quality Control /Quality Assurance Work Element 3 - Mapping Work Element 4 - Utility Mapping Work Element 5 - Traffic Analysis Report Work Element 6 - Geotechnical Report Work Element 7 - Design Report Work Element 8 - Environmental Work Element 9 - Property Transfer Site Assessments Work Element 10 - Community and Agency Coordination Work Element 11 - Right of Way Calculations Work Element 12 - Right of Way Appraisals Work Element 13 - Right of Way Negotiation Work Element 14 - Final Design Work Element 15 - Plan Production Work Element 16 - Assistance During Bidding Work Element 17 - Lakehaven Utility District Design Work Element 18 - LUD Management Reserve Work Element 19 - Century Link Design Revisions $4,447.23 $0.00 $6,964.27 $1,403.72 $0.00 $2,727.25 $0.00 - $14,000.00 - $6,000.00 $0.00 $1,856.00 $0.00 $0.00 $15,508.94 $0.00 $0.00 $0.00 $0.00 $3,138.39 Total Estimated Fee $16,045.80 City of Federal Way South 356th Street Page 1 of 8 KPG Supplement No. 4 4/21/2016 EXHIBIT E -4 HOUR AND FEE ESTIMATE O C_ O O >, to N = Ea= 0,c C E. cm m c o or2 2�a m3�* ai m u 1 E o 0 E a E O. •U to a. (1) w a� O a o H Direct Overhead Profit Effective multiplier Hours Labor Cost 145 78% 30% 2.7578 $ 4.447 23 I$ 1 $ 4,447.23 to 44 4i I- N NI- OD h H n tee m 44 N i` r dY N $ 1,403.72 'N 4! 4i S__ 302.25 5 2,425.00 $ 2,727.25 6, bl 44 44 4f Q O o V M O co M I r) O O'.. 34 1,613 2,351 484 ._ - tl M In 1 O O 7581 W co r- O, O o •- O � ch O INq csi 56 2,525 3,681 I o Op IA O O Work Element 1 - Project Management Reimbursable expenses - see breakdown for deta is Task Totals 12 10 0 0 0 0 1 12 Work Element 2 - Quality Control /Quality Assurance Reimbursable expenses - see breakdown for details Task Total 0 0 _ 0_ 0 0 0 0 Work Element 3 - Mapping 1 O Work Element 4 - Utility Mapping O O Work Element 5 - Traffic Analysis Report O Work Element 6 - Geotechnical Report Reimbursable expenses - see breakdown for details Task Total 1 0 0 0 0 0 ! 2 1 Work Element 7 - Design Report O O O O O O O O Work Element 8 - Environmental L 0 0 , 0 0 Proj Engr Dsn engr Senior Project Senior LA LA Survey Engineer Manager Proj Sury Surveyor crew Tech $ 64.90 $ 56.56 $ 41.00 $ 35.60 $ 50.65 I $ 28.85 O O O O O Reimbursable expenses - see breakdown for details Task Total 2 0 4 20 30 0 4.4 Coordinate field utlity locates 0 0 4 1 4 1 4 1 Task Total 0 0 0 0 0 O O O O Reimbursable expenses - see breakdown for details Task Total 0 0 No changes to this task 0 Re mbursabte expenses - see breakdown for details Task Total I 0 1 No changes to this task 0 Reimbursable expenses - see breakdown for details __ Task Total 0 t0 C N EXHIBIT E-4 HOUR AND FEE ESTIMATE 0 f§ C rw Ai Ola A 8j5 41U 0 N 0 a Total Fee Direct Overhead Profit Effective multiplier Hours Labor Cost 145.78% 30% 2 7578 ° O en',. U) O O W CA M r O U) U3 q W w U)I N ' c> Vi `7, % f0 f> U3 M 19 tl o W V) r w U) r r to M '� 0 0 o O O 0 0 O _ . c7) N a0 °0 °v 00 0 0 v v R.- v ,.... N N N 5,515 8,040 ' 1,654 I 1 ° ° 0 0 O 6731 9811 202 673 ' 981 202 1 ° ''.. 0 0 O 0 0 0 A O iD Work Element 9 - Property Transfer Site Assessments 1 O O O 0 O 0 0 0 Work Element 10 - Community and Agency Coordination Reimbursable expenses - see breakdown for details Task Total 0 0 0 0 0 0 0 Work Element 11 - Right of Way Calculations 11.8 Addditional field /office support for DBM settlement 0 0 8 4 4 0 0 Reimbursable expenses - see breakdown for details I _ Task Total 0 0 ' 8 4 4 0 0 1 Work Element 12 - Right of Way Appraisals 0 0 C O w a m z a to L cl m W 13 Reimbursable expenses - see breakdown for details Task Total 0 0 0 0 0 0 0 Work Element 14 - Final Design 0 0 0 Work Element 15 - Plan Production O •0 m C r. 0 C m W N a to c E a W 0 0 0 0 O L 0 0 0 0 0 Work Element 17 - Lakehaven Utility District Design 0 0 0 12.3 Reduced sub efforts required 0 0 0 0 1 ■ Task Total ' 0 0 0 0 0 14.24 Signal coordination and Standards Review ( 0 ( 20 40 Reimbursable expenses - see breakdown for details Task Total 0 28 56 Reimbursable expenses - see breakdown for details ! ` Task Total 0 0 0 Reimbursable expenses - see breakdown for details Task Total 0 0 0 Task Total 0 0 Senior Project Engineer Manager $ 64.90 $ 56.56 Reimbursable expenses - see breakdown for details 1 EXHIBIT E -4 HOUR AND FEE ESTIMATE 124 c ayc U0.W VT; •3 • O O O >, U � ' r 3 C 45t"-: Ea= > C o2 (v a (a C) Er c w C 7 0 0 15 ca E>,< �(7) 3� t0 u- E _ (J d O w w a IN 7 c) U(naU) Total Fee V) V) V) (} �S 25.00 $ 3,138.39 Overhead ! Profit 145.78% 30% O O 0 28 1,129 1,646 339 O O O Task Total 0 0 0 0 0 0 0 Work Element 18 - LUD Management Reserve _ O O, O O 1 0 1 0 0 0 0 Work Element 19 - CenturyLink Design Revisions N V O co Task Total 2 4 8 i 8 0 4 2 Proj Engr Dsn engr Senior Project Senior LA LA Survey Engineer Manager Proj Sury Surveyor crew $ 64.90 $ 56.56 $ 41.00 $ 35.60 $ 50.65 No changes to this task 0 0 ( 0 0 1 0 O GC o N O 7 ca. c o_ m r in a A I N 0) 0, S N c m y y-5 E No changes to this task 1 0 1 0 1 Reimbursable expenses - see breakdown for details Task Total 0 0 O CO M 0 O Ir- N O N (O (O A N N r TOTAL HOURS AND TOTAL ESTIMATED FEE EXHIBIT E -4 HOUR AND FEE ESTIMATE \ 2 Reimbursable Breakdown Task 1 - Total - or 0 0 / ) \k c ) w 0 k • 0. rh Task 4 - Total EXHIBIT E -4 HOUR AND FEE ESTIMATE 0 v o 0 >, lC 3 =' c Y Ea• t > c c O N 0) E C • C 3 W m w c O • rt O �0 y ▪ c Q 0 . ▪ .0 C La. (.• 1 E O F o wo. >. 7 c 0. OU OOaU) 0 GI O 0. Reimbursable Breakdown c 0 0) m t7 ID a O CO A F Environmental w Transfer Site Assessments (0 o 4049 F c 0 O O U 0 c m 0 c E E E a W O v. Task 10 - Total EXHIBIT E -4 HOUR AND FEE ESTIMATE c O f. 0 O 0 >, U _ y ; « C Y al • c O y cz a C E . 0) c 3w v c • .2 � A O • cn t d . .0 C u M • = E t U O w 0. *Li a i�v)aa(/) Reimbursable Breakdown z W 8 v> II tO to Task 12 - Total z Task 13 - T VI f9 0 Task 14 - Total fq V/ VI Task 15 - T G d t 16 - Assista 0 V) eft Ha w C c O U 0 w O c Work Eleme fR N A $a 0 co EXHIBIT E -4 HOUR AND FEE ESTIMATE 04's% x$w c 0 c 0 0 0 >. (.0 = ` Ea-0 v >41) � c o a ca a ,, E c .N co V c .2 ce o e • Ta �cn ;v o .c .c d to. .23 d ,`P, x E 0 f, w T 7 0 0. O i0 7 i� cn a cn 0 O 0 1 a Reimbursable Breakdown to Task 18 - Total 1 TOTAL REIMBURSABLES Federal Way Date: February 26, 2016 To: City Clerk's Office City of Federal Way • Public Works Department 33325 8th Avenue South • Federal Way, WA 98003 -6325 Phone 253.835.2700 • Fax 253.835.2709 • www.ci.federal- way.wa.us LETTER OF TRANSMITTAL From: Marj Currie -Hicks 4) Street Division Public Works Department RE: S 356th St (SR 99 to SR 161) Street Improvements Project — AG 13 -146 - Parcel(s) 2 — Graham Real Ventures, LLC TRANSMITTED As CHECKED BELOW: ❑ For Your Review ❑ For Your Approval ❑ For Your Action ❑ As Requested ❑ Please Return ❑ For Your Information ® Other: For Your Files ❑ Under Separate Cover ❑ Via ITEMS /COPIES DESCRIPTION 1. Original Title Policy No. 5011453 - 2322258 Parcel #292104 - 9036 -07- Graham Real Ventures, LLC COMMENTS: Enclosed for your files is the original Title Policy for the above - mentioned parcel(s). cc: Project File Day File K: \STREETS \PROJECTS \S356 - SR99 to SR161 \ROW \20160226 Transmittal to City Clerk - Title Policy - Parcel 2 - Graham Real Ventures LLC.doc First American • RECEIVED JAN 202016 818 Stewart St Ste 800, Seattle WA 98101 PUBLIC WORKS DEPARTMENT King 3 oz HH IIII NI 11111 1 111 I IIN * 0 2 0 0 1 7 2 8 3 8 6 6 0 2 6 4 1 4 4* 01/09/2016 Order No: 2322258 City of Federal Way 33325 8th Ave S Federal Way WA 98003 Enclosed please find 1 attached documents. First American Title Insurance Company Transmittal Page Count 9 • • Part Two: 1. Facility Charges, if any, including but not limited to hook -up, or connection charges and latecomer charges for sewer, water and public facilities of Federal Way Water and Sewer as disclosed by instrument recorded under recording no. 8905120210. 2. Unrecorded leaseholds, if any, rights of vendors and security agreement on personal property and rights of tenants, and secured parties to remove trade fixtures at the expiration of the term. 3. Conditions, notes, easements, provisions and /or encroachments contained or delineated on the face of the Survey recorded under Recording No. 9205199001. 4. Easement, including terms and provisions contained therein: Recording Information: 20151229001131 In Favor of: . • City of Federal Way, a Washington municipal corporation For: Wall easement 5. The terms and provisions contained in the document entitled "Right of Entry" Recorded: December 29, 2015 Recording No.: 20151229001132 Form 5011453 (7 -1 -14) Page 9 of 9 ; ALTA Owner's Policy of Title Insurance (6- 17 -06) Washington First American Owner's Policy Owner's Policy of TitiB'Insurance ISSUED BY First American Title Insurance Company POLICY NUMBER 15011453- 2322258 Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a Nebraska corporation (the "Company ") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the. Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. (Covered Risks Continued on Page 2) In Witness Whereof, First American Title Insurance Company has caused its corporate name to be hereunto affixed by its authorized officers as of Date of Policy shown in Schedule A. First American Title Insurance Company fYy i.ns is: J Giirtt( f'rt sidcnt (This Policy is valid only when Schedules A and B are attached) This Jacket was created electronically and constitutes an original document Copyright 2006 -2009 American Land Title Association. All rights reserved. The use of this form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association Form 5011453 (7 -1 -14) Page 1 of 9 ALTA Owner's Policy of Title Insurance (6- 17 -06) Washington • COVERED RISKS (Continued) • 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recbrded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or govemmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. Form 5011453 (7 -1 -14) Page 2 of 9 ALTA Owner's Policy of Title Insurance (6- 17 -06) Washington; CONDITIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: • (a) "Amount of Insurance ": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy ": The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) "Insured ": The Insured named in Schedule A. (i) The term "Insured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title if the stock, shares, memberships, or other equity interests of the grantee are wholly - owned by the named Insured, (2) if the grantee wholly owns the named Insured, if the grantee is wholly -owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly -owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. "Insured Claimant ": An Insured claiming loss or damage. "Knowledge" or "Known ": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. "Land ": The land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage ": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. "Public Records ": Records established under state statutes at Date of Policy for the purpose of imparting constructive (e) (f) (9) (1) (3) (1) notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. (j) "Title ": The estate or interest described in Schedule A. (k) "Unmarketable Title ": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of Toss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own .cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. Form 5011453 (7 -1 -14) 1Page 3 of 9 ALTA Owner's Policy of Title Insurance (6 -17 -06)1 Washington, CONDITIONS (Continued) (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce Toss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e- mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10 %, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. Form 5011453 (7 -1 -14) 1Page 4 of 9 ALTA Owner's Policy of Title Insurance (6- 17 -06) Washington CONDITIONS (Continued) 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its Toss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ( "Rules "). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at First American Title Insurance Company, Attn: Claims National Intake Center, 1 First American Way; Santa Ana, CA 92707. Phone: 888 -632- 1642. Form 5011453 (7 -1 -14) jPage 5 of 9 ALTA Owner's Policy of Title Insurance (6- 17 -06)1 Washington First Amer Schedule A Owner's Policy of Titlisurance ISSUED BY First American Title Insurance Company POLICY NUMBER 2322258 Name and Address of Title Insurance Company: First American Title Insurance Company, 1 First American Way, Santa Ana, CA 92707. File No.: 4209- 2322258 Address Reference: 1215 South 356th Street, Federal Amount of Insurance: $63,087.00 Way, WA 98003 Premium: $470.00 Date of Policy: December 29, 2015 at 5:00 p.m. 1. Name of Insured: City of Federal Way, a Washington municipal corporation 2. The estate or interest in the Land that is insured by this policy is: Fee Simple and An Easement as created by that certain easement recorded under Recording Number 20151229001131 3. Title is vested in: City of Federal Way, a Washington municipal corporation 4. The Land referred to in this policy is described as follows: PARCEL I (RIGHT OF WAY ACQUISITION): THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A" LYING NORTHERLY OF A LINE THAT IS 50.00 FEET SOUTHERLY OF AND PARALLEL WITH THE CENTERLINE OF SOUTH 356TH STREET. PARCEL II (WALL EASEMENT): A STRIP OF LAND 1.50 FEET IN WIDTH, LYING IN THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A ", WHOSE NORTHERLY SIDE IS DESCRIBED AS FOLLOWS; BEGINNING AT THE INTERSECTION OF THE EAST LINE OF SAID PARCEL "A" AND A LINE THAT IS 50.00 FEET SOUTHERLY OF AND PARALLEL WITH THE CENTERLINE OF SOUTH 356TH STREET; THENCE NORTH 54 °00' 10" WEST ALONG SAID PARALLEL LINE, 493.37 FEET TO A POINT OF CURVATURE IN THE SOUTH MARGIN OF SAID SOUTH 356TH STREET; THENCE WESTERLY ALONG SAID SOUTH MARGIN ON A CURVE TO THE LEFT WHOSE CENTER BEARS SOUTH 35° 59' 50" WEST, 270.00 FEET, AN ARC DISTANCE OF 206.21 FEET AND THE Form 5011453 (7 -1 -14) OPage 6 of 9 ALTA Owner's Policy of Title Insurance (6- 17 -06) Washington TERMINUS OF SAID iv DESCRIPTION. • THE SIDELINES OF SAID STRIP SHALL BE SHORTENED OR LENGTHENED AS NECESSARY TO INTERSECT AT SAID EAST LINE. PARCEL "A" (GRANTOR'S PARCEL): THAT PORTION OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING SOUTH OF JOHN LIBO COUNTY ROAD AS CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 669248; EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NO. 3105361; AND EXCEPT THAT PORTION CONVEYED TO CITY OF FEDERAL WAY, A WASHINGTON MUNICIPAL CORPORATION, FOR RIGHT OF WAY ACQUISITION PURPOSES AS RECORDED IN DEED UNDER RECORDING NO. 20090325000553. APN: 292104 - 9036 -07 Form 5011453 (7 -1 -14) !Page 7 of 9 ALTA Owner's Policy of Title Insurance (6- 17 -06) Washington First American Schedule B Owner's Policy of TitIe-Insurance ISSUED BY First American Title Insurance Company POLICY NUMBER 2322258 EXCEPTIONS FROM COVERAGE File No.: 4209 - 2322258 This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or expenses that arise by reason of: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. Any lien, or right to a lien, for services, labor or materials or medical assistance heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. (A) Unpatented mining claims; (B) Reservations or exceptions in patents or in Acts authorizing the issuance thereof; (C) Water rights, claims or title to water; whether or not the matters excepted under (A), (B) or (C) are shown by the public records; (D) Indian Tribal Codes or Regulations, Indian Treaty or Aboriginal Rights, including easements or equitable servitudes. 7. Any service, installation, connection, maintenance, construction, tap or reimbursement charges /costs for sewer, water, garbage or electricity. Form 5011453 (7 -1 -14) Page 8 of 9 ALTA Owner's Policy of Title Insurance (6 -17 -06)1 Washington! RETURN TO: Mercedes EXT: 2701 it- 2•So CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / STREETS 2. ORIGINATING STAFF PERSON: NAVEEN CHANDRA 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ ❑ PROFESSIONAL SERVICE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ REAL ESTATE DOCUMENT ❑ ORDINANCE ti CONTRACT AMENDMENT (AG #):13 -146 KOTHER SUPPLEMENT No. 3 EXT: 2729 3. DATE REQ. BY: ASAP SMALL OR LIMITED PUBLIC WORKS CONTRACT MAINTENANCE AGREEMENT HUMAN SERVICES / CDBG SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) RESOLUTION INTERLOCAL 5. PROJECT NAME: SOUTH 356TH STREET IMPROVEMENTS (PACIFIC HIGHWAY SOUTH TO ENCHANTED PARKWAY SOUTH) 6. NAME OF CONTRACTOR: KPG, PS ADDRESS: 753 9TH AVENUE N, SEATTLE, WA 98109 TELEPHONE: 206- 286 -1640 E MAIL: FAX: SIGNATURE NAME: NELSON DAVIS TITLE: PRINCIPAL 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 # 101042 BL, EXP. 12/31/15 UBI # 601248468 , EXP. 05/31/15 8. TERM: COMMENCEMENT DATE: JULY 3, 2013 COMPLETION DATE: 12/30/2016 9. TOTAL COMPENSATION: $607,955.25(UNCHANGED) (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: $164,725 (UNCHANGED) IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE To: 306 - 4400 - 157 - 595 -30 -411 10. DOCUMENT / CONTRACT REVIEW ..n-PROJECT MANAGER i rDIVISION MANAGER p- DEPUTY DIRECTOR a DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) SLAW DEPT 11. COUNCIL APPROVAL (IF APPLICABLE) 12. CONTRACT SIGNATURE ROUTING zr SENT TO VENDOR/CONTRACTOR ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS INITIAL / DATE REVIEWED G / 6 / tiMerirAff C l vIO //f COMMITTEE APPROVAL DATE: DATE SENT: LAW DEPT CHIEF OF ST 12130 SIGNAT '/ �_�_I!I! 1 leXASSIGNED AG# ❑ SIGNED COPY RETURNED RETURN ONE ORIGINAL COMMENTS: EXECUTE 2" ORIGINALS R DIRECTOR) h„ AL/ DATE S GNED Ii! AG# DATE SENT: INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: DATE REC' D: I� 1/15 SUPPLEMENT NO. 3 CITY OF FEDERAL WAY LOCAL AGENCY STANDARD CONSULTANT AGREEMENT FOR SOUTH 356TH STREET PACIFIC HIGHWAY SOUTH TO ENCHANTED PARKWAY SOUTH DESIGN SERVICES The local agency of the City of Federal Way desires to supplement the agreement entered into with KPG, PS effective the 3rd day of July 2013, identified as Agreement No. 13 -146 as supplemented by Supplement No. 1 on December 4, 2014 and Supplement No. 2 on June 15, 2015. 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 IV, Time for Beginning and Completion, shall be amended to extend the completion date to December 30, 2016. Signed this day of KPG, PS. Nelson Davis By: , 2015. Its: Principal 753 9th Ave N Seattle, WA 98109 (206) 286 -1640 CITY OF FEDERAL WAY Its: Mayor 33325 8th Ave S Federal Way, WA 98003 (253) 835 -2401 APPROVED AS TO FORM: fal Amy Jo Pearsall, City Attorney K: \STREETS \PROJECTS \S356 - SR99 to SR161 \Design \Consultant Agreement\Supplement No. 3\13 -146 S356 Supplement No 3.docx SUPPLEMENT NO. 3 CITY OF FEDERAL WAY LOCAL AGENCY STANDARD CONSULTANT AGREEMENT FOR SOUTH 356TH STREET PACIFIC HIGHWAY SOUTH TO ENCHANTED PARKWAY SOUTH DESIGN SERVICES The local agency of the City of Federal Way desires to supplement the agreement entered into with KPG, PS effective the 3rd day of July 2013, identified as Agreement No. 13 -146 as supplemented by Supplement No. 1 on December 4, 2014 and Supplement No. 2 on June 15, 2015. 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 IV, Time for Beginning and Completion, shall be amended to extend the completion date to December 30, 2016. Signed this3) day of KPG, PS. By: Its: -f\LA,L , 2015. Nelson Davis Principal 753 9th Ave N Seattle, WA 98109 (206) 286 -1640 CITY OF FEDERAL WAY By: Its: Mayor 33325 8th Ave S Federal Way, WA 98003 (253) 835 -2401 APPROVED AS TO FORM: -For Amy Jo Pearsall, City Attorney K: \STREETS \PROJECTS \S356 - SR99 to SR161 \Design \Consultant Agreement \Supplement No. 3 \13 -146 S356 Supplement No 3.docx RETURN TO: Shawna EXT: 2703 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS/STREETS 2. ORIGINATING STAFF PERSON:NAVEEN CHANDRA EXT:2729 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 ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ ONTRACTAMENDMENT(AG#):13-146 ❑ INTERLOCAL I/OTHER SUPPLEMENT#2 5. PROJECT NAME:SOUTH 356TH STREET IMPROVEMENTS(PACIFIC HIGHWAY SOUTH TO ENCHANTED PARKWAY SOUTH) 6. NAME OF CONTRACTOR:KPG,PS ADDRESS:753 9TH AVENUE N.SEATTLE,WA 98109 TELEPHONE:206-286-1640 E-MAIL: FAX: SIGNATURE NAME:NELSON DAVIS TITLE:PRINCIPAL 7. EXHIBITS AND ATTACHMENTS:❑ SCOPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENrG"n GYU1 ITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE# ��!/- nogg. BL,EXP. 12/31/2015 UBI#601248468 ,EXP.05/31/201(e 8. TERM: COMMENCEMENT DATE:JULY 3,2013 COMPLETION DATE:UPON COMPLETION 9. TOTAL COMPENSATION:$78,258.87 SUPPLEMENT/$607,955.25 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: $500 SUPPLEMENT/$164,725 TOTAL IS SALES TAX OWED: ❑YES ❑NO IF YES,$ PAID BY: ❑CONTRACTOR ❑CITY ❑ PURCHASING: PLEASE CHARGE To:306-4400-157-595-30-411 10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED gel' OJECT MANAGER (1 t 1013 IVISION MANAGER �14 r �EPUTY DIRECTOR �1►/r-•7 Otto .❑ DIRECTOR ��IP Otto ❑ RISK MANAGEMENT (IF APPLICABLE) /LAW DEPT ®6.44 f 11. COUNCIL APPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY,INSURANCE CERTIFICATE,LICENSES,EXHIBITS IN IAL/DATE SIGNED &//i , LAW DEPT 6�101 ❑ CHIEF OF STAFF )19---a(SIGNATORY(MAYOR OR DIRECTOR) 1��,M��'!7 ITerrret-tit- f(4, ASSIGNED AG# AG# SIGNED COPY RETURNED DATE SENT: XRETIJRN ONE ORIGINAL COMMENTS: PLEASE EXECUTE"2"ORIGINALS THIS SUPPLEMENT WAS REVIEWED AS PART EXHIBIT OF ILA WITH LAKEHAVEN UTILITY DISTRICT WHICH WAS EXECUTED RECENTLY. 1 / 4 • A I G . I I 1WIrfrifirMir: WI*? • ,. _._.IV, . .�,.__, , _.,.►.�:;., .. •■ . :A /b 1/15 SUPPLEMENT NO. 2 CITY OF FEDERAL WAY LOCAL AGENCY STANDARD CONSULTANT AGREEMENT FOR SOUTH 356TH STREET PACIFIC HIGHWAY SOUTH TO ENCHANTED PARKWAY SOUTH DESIGN SERVICES The local agency of the City of Federal Way desires to supplement the agreement entered into with KPG, PS effective the 3rd day of July 2013, identified as Agreement No. 13-146 as supplemented by Supplement No. 1 on December 4, 2014. 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 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 V, Payment,the maximum amount payable under this Supplement No. 2 inclusive of all fees and other costs is Seventy-Eight Thousand Two Hundred Fifty-Eight and 87/100 Dollars ($78,258.87) for a total amount payable to the Contractor pursuant to the Agreement, Supplement No. 1 and this Supplement No. 2 inclusive of all fees and other cost to be an amount not to exceed Six Hundred Seven Thousand Nine Hundred Fifty-Five and 25/100 Dollars ($607,955.25). The attached Exhibit "E-2", which describes the payment for work to be performed under this Supplement No. 2, is hereby made a part of the Supplemental Agreement. Signed this / day of , 2015. KPG, PS. CITY OF FEDERAL WAY By: By: -�✓____._ Nelson, Davis Fe ell Its: Principal Its: Mayor 753 9th Avenue N. 33325 8th Ave S Seattle, WA 98109 Federal Way, WA 98003 (206) 286-1640 (253) 835-2401 APPROVED AS TO FORM: 1141 fir 0( Amy Jo Pearsall, City Attorney K:\STREETS\PROJECTS\S356-SR99 to SR 161\Oesign\Consutant Agreement\Supplement No.2-LUD\13-146 S 356th 99-161 Supplement No 2.docx EXHIBIT A-2 CITY OF FEDERAL WAY ESTIMATED COSTS SOUTH 356TH STREET IMPROVEMENTS (PACIFIC HIGHWAY SOUTH TO ENCHANTED PARKWAY SOUTH) CITY OF FEDERAL WAY SOUTH 356TH STREET IMPROVEMENTS (PACIFIC HIGHWAY SOUTH TO ENCHANTED PARKWAY SOUTH) SCOPE OF WORK KPG MARCH 20, 2015 (For Lakehaven Utility District via Interlocal Agency Agreement) Work to be completed under this amendment involves development and evaluation of options; review, design, and preparation of plans, specifications, engineer's estimate, and bid documents; and preparation of easement legal descriptions for the South 356th Street Improvements (Pacific Highway South to Enchanted Parkway South) project. Plans will be prepared in accordance with Lakehaven Utility District("District")design standards as summarized and itemized in the District's plan review checklist. Contemplated improvements included under this scope, subject to review by the City and the District, include the following: Water a. Remove and dispose approximately 1,100-LF of 8-inch diameter Asbestos Cement (AC) main, and install 8-inch diameter Ductile Iron (DI)main (STA 213+00 to 223+20, north side of South 356th Street). The new water main will generally be installed along the north side of the street improvements at a location developed in collaboration with the District and the City. b. Anticipated water improvements include modifications to the existing eastern terminus of the recently constructed DI water main to the west, supplemental valves at the lateral mains, removal of existing and installation of new hydrant assemblies at locations to be determined, and replacement of existing water services. Depending on the location of the new main and hydrants, one or more of the hydrant laterals may be configured as a stub lateral main with temporary hydrant assembly termination. c. Considering the businesses served in the corridor, the work may need to have a proposed construction sequence and provisions for temporary water service(s) in project specifications. Sewer EXHIBIT A-2 CITY OF FEDERAL WAY ESTIMATED COSTS SOUTH 356TH STREET IMPROVEMENTS (PACIFIC HIGHWAY SOUTH TO ENCHANTED PARKWAY SOUTH) a. Identification of sewer manhole adjustments to finished grade throughout the project limits. b. No conflict analysis is anticipated for side se wers unless data is provided by the District. Lacking this data, it is anticipated that side sewer modifications will be made on a case by case basis during construction. Task 17.1 — Project Management Work under this task includes time to prepare and execute an amended agreement with the City, including Exhibit A hereinunder; prepare associated invoicing and progress reports; plan and schedule the work; plan for and execute Quality Assurance and Quality Control reviews; and coordinate with the City and the District. This task assumes the design phase, including reviews by the District, will last approximately six(6) months. Task 17.2 — Record Research and Preliminary Alignment Plan The Consultant will review existing utility records and prepare a preliminary alignment scroll plan for review and comment by the District. The approved alignment will become the basis of design for the final design tasks below. Task 17.3—Waterline Plan and Profile Sheets The Consultant will prepare u p to three(3)water facility p lan and pro fil e sheets, consistent with the project limits, to show the relocations, installations and adjustments required. Plan and profile sheets will conform to the plan preparation requirements set forth in the District's Plan Review Checklist. Plan scale and match lines will conform to the City's plan sheets. The plan view will include existing base mapping, existing utilities, proposed curb and gutter and proposed drainage facilities,and other available utility information, including locations of luminaires, landscaping and irrigation improvements, retaining walls with associated foundation/structural earth reinforcement. In addition, horizontal alignment information, existing and relocated hydrant and valve locations and types, locations of existing and relocated service connections including water meters and fire service lines, and all demolition and abandonment callouts will be shown on the plan sheets. Minimum clearance requirements will be called out at critical locations adjacent other utilities, including storm drainage facilities. The full-sized plan scale shall be 1-inch = 20-feet. 9 9 P EXHIBIT A-2 CITY OF FEDERAL WAY ESTIMATED COSTS SOUTH 356TH STREET IMPROVEMENTS (PACIFIC HIGHWAY SOUTH TO ENCHANTED PARKWAY SOUTH) The profile view will be at 1-inch = 20-feet horizontal scale and 1-foot=5-feet vertical scale. Each sheet will show the existing and proposed ground; and pipe elevation (top or bottom of pipe) information for the existing and proposed water mains at critical locations, specifically at utility crossings, including storm drainage facilities. Minimum clearances will be identified with callouts at utility crossings, or in a separate crossing table. Existing waterline information will be based on pothole and measure down data determined in Task 17.5. Existing and proposed utility crossings will be shown as ellipses in the profiles. Temporary water service plan and criteria to minimize shutdowns will be prepared in collaboration with the District. Service and meter sizes will be provided by the District. All work associated with the water system facilities will be shown on these 'stand-alone' plans and profile sheets. Any references to the water system facilities on the City's roadway plans will be edited to reference these documents. Task 17.4—Water Line Detail Sheets The Consultant will prepare one sheet for details not covered in the Washington State Department of Transportation (WSDOT) Standard Plans or in the District's Water System and Sewer System Standard Details. Pertinent Standard Plan and Standard Detail sheets from these sources will be included as an appendix in the contract specifications. Task 17.5—Field Investigation The finished grade elevations of the sewer manholes within the project limits will be adjusted. The Consultant shall perform a survey to determine the manhole as-constructed information, including cone section, cone orientation, ladders,and number and sizes of adjustment rings. Invert elevation at center of structure and the size and orientation of connecting pipes will be surveyed. Manhole information will be collected based on surface observation without entry into the structures. Surface elevation of water valves will be surveyed and measure downs performed from the surface to the top of valve operating nut will be surveyed by the Consultant to assist with determining existing depth. Dimensions from top of operating nut to invert of existing pipe will be based on a standard manufacturer valve table unless other information is provided by the District. Task 17.6— Sewer Manhole Adjustments Based on the information collected in Task 17.5, the Consultant will describe the work included to bring each sewer manhole to grade (which may include removal and/or replacement of cone sections, extensions, and/or risers. This information will be shown on the roadway plans and quantified in the appropriate bid schedule. EXHIBIT A-2 CITY OF FEDERAL WAY ESTIMATED COSTS SOUTH 356TH STREET IMPROVEMENTS (PACIFIC HIGHWAY SOUTH TO ENCHANTED PARKWAY SOUTH) Task 17.7—Specifications The Consultant will prepare special provisions for construction of the water system facilities and sewer manhole adjustments per District Standards and as required to meet federal funding requirements. Special provisions shall supplement WSDOT's 2014 Standard Specifications. The water system facilities and sewer manhole adjustment bid items will be included as a separate bid schedule. Task 17.8 —Opinion of Cost The Consultant will prepare an 85%, 100% and final opinions of cost for the work described. The breakdown of items shown in the opinion of cost shall be of sufficient detail for inclusion in the project bid documents. Adjustment of the District facilities located within easements converted to City Right of Way will be itemized on Schedule A a n d associated c osts wi I t be the City's responsibility. Management Reserve The District may require additional services of the Consultant in order to advance the project through bid document preparation and construction. The scope of these services will be determined based on unanticipated project needs or other considerations at the sole discretion.of the District. This work may include additional design,easement document preparation,construction support services, and other items that were not anticipated with the development of this scope of work. These services will be authorized by the District under the management reserve. At the time these services are required, the Consultant shall provide a detailed scope of work and an estimate of costs. The Consultant shall not proceed with the work until the District has authorized the work and issued a notice to proceed. SCHEDULE: 1. The City's roadway design is approaching the 85-percent design level. The Consultant will commence work on the water line design immediately upon receipt of a notice to proceed from the City. The Consultant will deliver to the City and the District the 85-percent Plans, Specifications and Engineer's Estimate six to eight (6 to 8) weeks after the Consultant receives said notice to proceed. 2. The City and the District will review the 85-percent Plans, Specifications and Engineer's Estimate, and return comments back to the Consultant no more than three (3)weeks after receiving said documents from the Consultant. • EXHIBIT A-2 CITY OF FEDERAL WAY ESTIMATED COSTS SOUTH 356TH STREET IMPROVEMENTS (PACIFIC HIGHWAY SOUTH TO ENCHANTED PARKWAY SOUTH) 3. The Consultant will incorporate comments, and prepare and deliver to the City and the District 100-percent Plans, Specifications, and Engineer's Estimate for the District Work concurrent with the 100-percent Roadway Project submittal. 4. The City and the District will review the 100-percent Plans, Specifications, and Engineer's Estimate, and return comments back to the Consultant no more than three (3)weeks after receiving said documents from the Consultant. Comments received after this date may not be incorporated into the Final Contract Documents without a contract modification. 5. The Consultant will incorporate comments, and prepare and deliver to the City and the District the Final Plans, Specifications,and Engineer's Estimate for the Project, including the District Work,approximately three(3)weeks after comments are received from the City and the District. DELIVERABLES: The Consultant will assemble and provide the following items to the City for transfer to the District: 1. The Consultant shall prepare a preliminary alignment scroll plan and meet with the District to confirm the scope for final design. Modifications noted by the District will be addressed in the 85-percent submittal. 2. The Consultant will submit at 85-percent and 100-percent stages of completion, two (2) copies each of the half-sized plans,full-sized plan sheets, and special provisions for review and comment. 3. Two (2) sets of full-sized bond prints of"Final"water and sewer plans (District Work only). 4. Two(2)sets of half-sized bond prints of"Final"Water and Sewer Plans(District Work only). 5. Two (2) sets of camera-ready hard copy special provisions which cover only the project elements related to the District work. 6. One(1)computer disk for the plans of the District Work elements of the project in AutoCAD format. 7. One (1) computer disk for the special provisions related to the District Work in Microsoft Word format. EXHIBIT A-2 CITY OF FEDERAL WAY ESTIMATED COSTS SOUTH 356TH STREET IMPROVEMENTS (PACIFIC HIGHWAY SOUTH TO ENCHANTED PARKWAY SOUTH) ASSUMPTIONS: 1. Utility record drawings are not included in this scope and fee because construction services are not included in this contract. 2. Existing asbestos-cement(AC)water main to be removed shall be included as a separate bid item and appropriate hazardous waste specifications will apply. 3. The District shall provide the Consultant, in a timely manner, the District's standard documents for public works contracts, including standard plans. Unless otherwise specified, these standard documents shall be suitable for inserting into the bid documents without revision. 4. The District's representative with respect to services to be rendered under the Agreement shall be as designated by the District's Engineering Manager. 5. The District shall coordinate with the City to receive the required number of sets of final Contract Documents. 6. The District shall pay all permit fees necessary to complete the work described in this scope of work. 7. No conflict analysis has been completed or is anticipated for side sewers unless data is provided by the District. Lacking this data, it is anticipated that side sewer modifications will be made on a case by case basis during construction. 8. In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the project, the Consultant has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs;competitive bidding procedures and market conditions;time or quality performance by operating personnel or third parties; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, the Consultant makes no warranty that the District's actual project costs,financial aspects, economic feasibility or schedules will not vary from the Consultant's opinions, analyses, projects, or estimates. • • " ti ° g) f 8 E3 t j "- ° pa : - g & N § $ u- A g � ' N h x« 40 4 1■ " Q S F-; h L- 2-‹.mm i Ww v. wyrto'4 +nvswutM° Mw N'; I g NE ,g1 s.J s :lLFII lii v.. r l 0 fV I: i I 8 3 li , :iiiiiinii' , : In 8 � ; I .: .... i gs g M 1 121 q IN.111 II .. „.... v C w t' _ W, m �- d qq=�� U. _ j qa O tir a Fes.. 0Y g o v -".+ v E. P aye 6.Z ' ' $ 4o, v,ts. isi Ili aG ° g a zv, z �, o „p . ,„„ Q w * o c . m "' w o S D� a -, -6 C m I W :1* - n u t p zd H Q n a n j O , HI q z q3q�, ( c 4 n .c Y j`` Y - , c', V to LID h. kO QV. 7 N 6 h !c M1 I"' t, i� h f� W RETURN TO: �� EXT:'1 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / STREETS 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 ❑ 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 #):13 -146 ❑ INTERLOCAL ❑ OTHER SUPPLEMENT NO. 1 5. PROJECT NAME: SOUTH 356TH STREET SR 99 TO SR 161 IMPROVEMENTS 6. NAME OF CONTRACTOR: KPG- PS ADDRESS: 753 9TH AVENUE N, SEATTLE, WA 98109 TELEPHONE:206- 286 -1640 E -MAIL: FAX: SIGNATURE NAME: NELSON DAVIS TITLE: PRINCIPAL 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 #101042 BL, EXP. 12/31/2014 UBI # 601248468 , EXP. 5/31/2015 8. TERM: COMMENCEMENT DATE: JULY 3, 2013 COMPLETION DATE: 12/31/2015 9. TOTAL COMPENSATION: $529,696.38 (UNCHANGED) (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: $164,225 (UNCHANGED) IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TG: 306- 4400 - 157 - 595 -30 -411 10. DOCUMENT/ CONTRACT REVIEW PROJECT MANAGER DIVISION MANAGER DEPUTY DIRECTOR DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE LAW DEPT ZIa• INITIAL/ DATE REVIEWED COMMITTEE APPROVAL 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: kI k k ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS V L44V DEPT SIGNATORY (CM OR DIRECTOR CITY CLERK �s ASSIGNED AG # >l SIGNED COPY RETURNED \7 RETURN ONE ORIGINAL COMMENTS: EXECUTE" 2 " ORIGINALS INITIAL/ DATE SIGNED $Z'ljlIR AG# -� DATE SENT: 4 INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: DATE REC' D: 121,114 11/9 _• sue' COMMITTEE APPROVAL 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: kI k k ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS V L44V DEPT SIGNATORY (CM OR DIRECTOR CITY CLERK �s ASSIGNED AG # >l SIGNED COPY RETURNED \7 RETURN ONE ORIGINAL COMMENTS: EXECUTE" 2 " ORIGINALS INITIAL/ DATE SIGNED $Z'ljlIR AG# -� DATE SENT: 4 INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: DATE REC' D: 121,114 11/9 SUPPLEMENT NO. 1 CITY OF FEDERAL WAY LOCAL AGENCY STANDARD CONSULTANT AGREEMENT FOR SOUTH 356TH STREET PACIFIC HIGHWAY SOUTH TO ENCHANTED PARKWAY SOUTH DESIGN SERVICES The local agency of the City of Federal Way desires to supplement the agreement entered into with KPG, PS effective the 3rd day of July 2013, identified as Agreement No. 13 -146. 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 IV, Time for Beginning and Completion, shall be amended to extend the completion date to December 31, 2015. Signed this "V" day of cer- ew,be( , 2014. KPG, PS. By: Nelson, Davis Its: Principal 753 9th Avenue N. Seattle, WA 98109 (206) 286 -1640 CITY OF FEDERAL WAY By: yvilooe Fe ell Its: Mayor 333258 th Ave S Federal Way, WA 98003 (253) 835 -2401 APPROVED AS TO FORM: v� Amy Jo Pearsall, City Attorney KASTREETS\PROJECTS\S356 - SR99 to SR161 \Design \Consultant Agreement \Supplement No. 1 \13 -146 S 356th 99- 161 Supplement No 1.docx RETURN TO: �G"'�, � EXT: �7,� CITY �F FEDE�AL WAY LAW DEPARTMENT ROUTING FORM 1. ORIG�iNATING DEPT/D[V: PUBLIC WORKS / S�lYC,G� Z. ORIGINATING Sl'AFF PERSON: � o h�y��1 ke � ExT: 3. DATE REQ. BY: �— 4. TYPE OF DOCUMEIYT (CHECK ONE): � ❑ CONTRACTOR SELECTION DOCUMEN[' (E.G., RFB, RFP, RFQ) ' ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREENtENT ❑ MAINTENANCE AGREE1VtENT ❑ GOODS AND SERVIGE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL ' �L,OTHER � ��-- Aaa,n u s�anda,��._C'M+Qa,I�(,anf Ata,rs.cme»'f" S, PROJECT NAME:��S(� L� �[Y ��C7' ��/t � I� Wt� S�I-�t r n ainc�V1 k'O!!� 'Pkwk � 6. NAME OF CONTRACTOR: ADDxESS: 't S 3 at ,p.0 e �.1 . Seatt 1 e rtd1�► Q$.�QS E-MAIL: SIGNATURE NAME:�Q,,,L oN1 �Q�J 1Ey FAX: TITLE:�r 1N C� � I� 7, EXH[BITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE �ALL OTHER REFERENCED EXHIBITS � PROOF OF AUTHORITY TO SIG1V ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE #�O, D� Z BL, EXP. 12/31/ �� UBI #�/l1 �� g��t � , EXP. '_Jr �� TERM: COMMF.NCEMENT DATE: COMPLETtON DATE; � 2/ �� 1 Ll 9. TOTAL COMPENSATION: $� Z�L��G_� �� (INCLUDE E}4PENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACI-i SCHEDULES OF EMPLOYEES TITLES ALND HOL[DAY RATES) REIMBURSABLE EXPENSE: �YES ❑ NO IF YES, MAXIMUM DOLLAR AMOLINT: $ I`T-. Z Z�+ IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ _ � PAID BY: ❑ CONTRACTOR ❑ CIT� �URCHASING; PLEASE CHARGE TO: ,_ �� 10. DOCUMEIYT / COIYTRACT REViEW �( PROJECT MANAGER ER �DEPUTY D[RECTOR DIRECTOR ❑ RISK MA.NAGEMENT ([F APPLIC.�IBLE) � �LAW DEPT 57 . 5�' S �• ' � ' , r �� r� !'��'� � r . ► , �� IMTI.AL / DATE.APPROVED 11. COUNCIL APPROVAL (IF APPLICABGE) CON�IiTTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGtYATURE ROUTING �)�, ❑ SENT T'O VENDOR/CONTRACTOR DATE SENT: �/�� / I� DATE REC'D: l�l ❑ ATTACH: S[GNATURE AUTHORITY, INSUR:1i�fCE CERTIFICATE, LICENSES, EXHIBITS �� AW DEPT IGNATOR (MAYOR R DIRECTOR) � CiTY CLERK �� ASSIGNED AG # SIGNED COPY RETURNED �RETURN ONE ORIGINAL CONIMENTS: INITIAL / DATE SIGNED .� -� A�# - � DATE SENT: ��,__ Corporations: Registration Detail Corporations Division - Registration Data Search KPG, P.S. UBI Number 601248468 Category PRO Profit/Nonprofit Profit Active/Inactive Active State Of Incorporation WA WA Filing Date OS/10/1990 Expiration Date OS/31/2014 Inactive Date Duration Perpetual Registered Agent Information Agent Name P JOSEPH GIACOBAZZI Address 753 9TH AVE N City SEATTLE State WA ZIP 98109 Special Address Information Address City State Zip Governing Persons Title Name Address President,Chairman DAVIS , NELSON 2317 ROSEMONT PL W SEATTLE , WA 98199 Vice President GIACOBAZZI , P JOSEPH 127 206TH AVE NE SAMMAMISH , WA 98074 Secreta Treasurer FUESEL , PAUL 7707 31ST AVE NW rY• SEATTLE , WA 98117 Purchase Documents for this Corporation» Page 1 of 2 http://www.sos.wa.gov/corps/search_detail.aspx?ubi=601248468 6/18/2013 Local Agency �onsultanUAddress/Telephone KPG, Inc. Standard Consultant 753 9th Avenue N Agreement Seattle, WA 98109 � Architectural/Engineering Agreement 206-286-1640 ❑ Personal Services Agreement A reement Number Project Title And Work DesCription Federal Aid Number South 356th Street Pacific Highway South to Enchanted Pazkway Agreement Type (Choose one) South ❑ Lump Sum Provide Consultant services for the Design and Lump Sum Amount $ ROW for South 356th Street between Pacifc � Cost Plus Fixed Fee Highway South and Enchanted Parkway South Overhead Progress Payment Rate % Overhead Cost Method DBE Participation ❑ Actual Cost ❑ Yes � No % Federal ID Number or Social Security Number ❑ Actual Cost Not To Exceed % � Fixed Overhead Rate 145.78 % Do you require a 1099 for IRS? Completion Date Fixed Fee $ 39,756.84 ❑ Yes � No December 31, 2014 ❑ Speci�c Rates Of Pay Total Amount Authorized $ 529,696.38 ❑ Negotiated Hourly Rate Management Reserve Fund $ ❑ Provisional Hourly Rate ❑ Cost Per Unit of Work Maximum Amount Payable $ 529,696.38 Index of Exhibits (Check all that apply): � Exhibit A-1 Scope of Work ❑ Exhibit A-2 Task Order Agreement ❑ Exhibit B-1 DBE Utilization Certification � E�chibit C Electronic Exchange of Data ❑ Exhibit D-1 Payment - Lump Sum � Elchibit D-2 Payment - Cost Plus ❑ Exhibit D-3 Payment - Hourly Rate ❑ Exhibit D-4 Payment - Provisional � Exhibit E-1 Fee - Lump/Fixed/LJnit ❑ Exhibit E-2 Fee - Specific Rates � Exhibit F Overhead Cost � Exhibit G Subcontracted Work � E�chibit G-1 Subconsultant Fee � Exhibit G-2 Fee-Sub Specific Rates � Exhibit G-3 Sub Overhead Cost � Exhibit H Title VI Assurances � Exhibit I Payment Upon Termination of Agreement � Exhibit J Alleged Consultant Design Error Procedures � E�ibit K Consultant Claim Procedures ❑ Exhibit L Liability Insurance Increase � E�ibit M-la Consultant Certifcation � Exhibit M-lb Agency Official Certification � Exhibit M-2 Certificat'ron - Primary � Exhibit M-3 Lobbying Certification � Exhibit M-4 Pricing Data Certification ❑ App. 31.910 Supplemental Signature Page THIS AGREEMENT, made and entered into this 3 f`� day of ��,�,� �, ,?O �, between the Local Agency of City of Federal Way , Washington, het �inafter called the "AGENCY" and the above organization hereinafter called the "CONSULTANT". DOT Form 1ao-oss 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 he/she is in compliance with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish Consulting services to the AGENCY, NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I General Description of Work The work under this AGREEMENT shall consist of the above described work and services as herein defined and necessary to accomplish the completed work for this PROJECT. The CONSULTANT shall fumish all services, labor, and related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT. 11 Scope of Work The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit "A" attached hereto and by this reference made a part of this AGREEMENT. III General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress and 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 CONSULTANT and shown in E�ibit "A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the work in sufficient detail so that the progress of the work can easily be evaluated. The CONSULTANT, and each SUBCONSULTANT, shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONSULTANT, and each SUBCONSULTANT, shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT-assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the termination of this AGREEMENT. Participation for Disadvantaged Business Enterprises (DBE), if required, per 49 CFR Part 26, or participation of Minority Business Enterprises (MBE), and Women Business Enterprises (WBE), shall be shown on the heading of this AGREEMENT. If D/M/WBE iums are utilized, the amounts authorized to each ium 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 (CUF} regulation outlined in the AGENCY'S "DBE Program Participation Plan". The mandatory DBE participation goals of the AGREEMENT are those established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the AGENCY. All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C." � All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT priar to completion ar 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 instruments of service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to the CONSULTANT. Page 2 of 8 IV Time for Beginning and Completion T'he CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under completion date. The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD or governmental actions ar other conditions beyond the control of the CONSULTANT. A prior supplemental agreement issued by the AGENCY is required to extend the established completion time. V Payment Provisions The CONSULTANT sha11 be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided in Exhibit "D" attached hereto, and by reference made part of this AGREEMENT. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. A post audit may be performed on this AGREEMENT. The need for a post audit will be determined by the State Auditor, WSDOT External Audit Office and/or at the request of the AGENCY' S PROJECT Manager. VI Sub-Contracting The AGENCY permits sub-contracts for those items of work as shown in Exhibit "G" attached hereto and by this reference made part of this AGREEMENT. Compensation for this sub-consultant work shall be based on the cost factors shown on Exhibit "G" The work of the sub-consultant shall not exceed its maximum amount payable unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, overhead, direct non-salary costs and fixed fee costs for the sub-consultant shall be substantiated in the same manner as outlined in Section V. All sub-contracts shall contain all applicable provisions of this AGREEMENT. With respect to sub-consultant payment, the CONSULTANT shall comply with all applicable secrions of the Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. No permission for sub-contracting shall create, between the AGENCY and sub- contractor, any contract or any other relationship. A DBE certifed sub-consultant is required to perform a minimum amount of their sub-contracted agreement that is established by the WSDOT Highways and Local Programs Project Development Engineer in consultation with the AGENCY. Vit Employment The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSiJLTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from the AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a Page 3 of 8 third party as a consequence of any act or omission on the part of the CONSiJLTANT'S employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of the contract, any professional or technical personnel who are, or have been, at any time during the period of the contract, in the employ of the United States Department of Transportation, or the STATE, ar the AGENCY, except regularly retired employees, without written consent of the public employer of such person. Vfll Nondiscrimination During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest agrees to comply with the following laws and regulations: Title VI of the Civil Rights Act of 1964 (42 USC Chapter 21 Subchapter V Section 2000d through 2000d-4a) Federal-aid Highway Act of 1973 (23 USC Chapter 3 Section 324) Rehabilitation Act of 1973 (29 USC Chapter 16 Subchapter V Section 794) Age Discrimination Act of 1975 (42 USC Chapter 76 Section 6101 et seq.) Civil Rights Restoration Act of 1987 (Public Law 100-259) American with Disabilities Act of 1990 (42 USC Chapter 126 Section 12101 et. seq.) 49 CFR Part 21 23 CFR Part 200 RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964, the 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 CONSiILTANT. 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 E�ibit "I" for the type of AGREEMENT used. No payment shall be made for any work completed after ten (10) days following receipt by the CONSULTANT of the Notice to Terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth herein above, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. Page 4 of 8 In such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another ium to complete the work required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth above. If it is determined for any reason that the CONSULTANT was not in default or that the CONSiJLTANT'S failure to perform is without the CONSULTANT' S or it's employee's default or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervisory personnel assigned to the PROJECT, or dissolution of the partnership, termination of the corporation, or disaffiliation of the principally involved employee, the surviving members of the CONSIJLTANT hereby agree to complete the work under the terms of this AGREEMENT, if requested to do so by the AGENCY. This subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the AGENCY so. chooses. In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the CONSULTANT, with the AGENCY'S concurrence, desire to terminate this AGREEMENT, payment shall be made as set forth in the second paragraph of this section. Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform work required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X Changes of Work The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary to correct errors appearing therein, when required to do so by the AGENCY, without additional compensarion thereof. Should the AGENCY imd it desirable for its own purposes to have previously satisfactorily completed work or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under Section XIV. XI Disputes Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided, however, that if an action is brought challenging the Directar of Public Works or AGENCY Engineer's decision, that decision shall be subject to de novo judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit "J", and disputes concerning claims will be conducted under the procedures found in Exhibit "K". XII Venue, Applicable Law, and Personal Jurisdiction In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties to such action shall have the right of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington, situated in the county in which the AGENCY is located. Page 5 of 8 XIII Legal Relations The CONS�TLTANT shall comply with all Federal, State, and local laws and ordinances applicable to the wark to be done under this AGREEMENT. This contract shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT; provided that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold harmless the AGENCY or the STATE from claims, demands or suits based solely upon the conduct of the AGENCY or the STATE, their agents, officers and employees; and provided further that if the claims or suits aze caused by or result from the concurrent negligence of (a) the CONSULTANT'S agents or employees, and (b) the AGENCY or the STATE, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon such negligence (2) the costs to the AGENCY or the STAT'E of defending such claims and suits shall be valid and enforceable only to the extent of the CONSULTANT' S negligence or the negligence of the CONSULTANT' S agents or employees. The CONSULTANT' S relation to the AGENCY shall be at all times as an independent contractor. T'he CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The CONSULTANT specifcally assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and, solely for the purpose of this indemnification and defense, the CONSLJLTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the PROJECT. Subject to the processing of a new sole source, or an acceptable supplemental agreement, the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability and property damage inswance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall not exceed one million dollars ($1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the CONSULTANT, the AGENCY will be named on all policies as an additional insured. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to the AGENCY. No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this AGREEMENT or one million ($1,000,000) dollars, whichever is the greater, unless modified by E�chibit "L". In no case shall the CONSULTANT'S professional 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 CONSiJLTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY and the STATE may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. XIV Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of the AGREEMENT in the services to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the work under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of the AGREEMENT, the AGENCY shall make an equitable adjustment in the (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify the AGREEMENT accordingly. C. The CONSULTANT must submit any "request for equitable adjustment", hereafter referred to as"CLAIM", under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of the AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs (A) and (B) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XV Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XVI Federal and State Review The Federal Highway Administration and the Washington State Department of Transportation shall have the right to participate in the review or examination of the work in progress. XVII Certification of the Consultant and the Agency Attached hereto as E�ibit "M-1(a and b}" are the Certifcations of the CONSULTANT and the AGENCY, Exhibit "M -2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, E�chibit "M-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "M-4" Certificate of Current Cost or Pricing Data. Exhibit "M-3" is required only in AGREEMENTS over $100,000 and Exhibit "M-4" is required only in AGREEMENTS over $500,000. XVIII Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this AGREEMENT. XIX Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof. Page 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: KPG, Inc. c By � �' Nelson Davis Princi�al 753 9 Avenue North Seattle, WA 98109 AGENCY: CITY OF FEDERAL WAY By Skip Pries Mayor 33325 8`" Avenue S Federal Way, WA 98003-6325 APPROVED AS TO FORM: i✓�..�itir^I� Patricia A. Richardson, City Attorney DOT Form 140-089 EF Page 8 of 8 Revised 3/2008 EXHIBIT A-1 City of Federal Way South 356th Street Roadway Improvements Pacific Highway South to Enchanted Parkway KPG Scope of Work June 14, 2013 Purpose The purpose of the South 356th Roadway Improvement Project is to widen the existing 3 lane roadway section to 5 lanes extending from the existing curb and sidewalk near Pacific Highway South to existing curb and sidewalk near Enchanted Parkway. New sidewalks, roadway illumination, landscaped planter strips, and utility undergrounding will also serve to improve the safety, mobility and aesthetic character of the corridor. Proposed Improvements Proposed Improvements for South 356th Street include: • 5 lane roadway section (where missing) btwn Pacific Hwy S and Enchanted Pkwy. • Installation of curb, gutter and 8' sidewalk along both sides of the roadway. • Installation of 6' landscaped planter strips along both sides of the roadway. • Installation of stormwater collection and treatment facilities. • Undergrounding of aerial power, phone, and cable distribution lines. • Installation of a new roadway illumination system City of Federal Way Page 1 of 22 KPG South 356'" Street 6/14/2013 Work Element 1 Project Management. The estimated project duration is 18 months. No design work will proceed after completion of the Design Report without written authorization from the City. No design work will proceed after the submittal of the 85% plans, specifications and estimate without written authorization from the City. 1.1 Provide project management administrative services including: 1.2 • Project set-up and execute agreement • Execution of subcontractor agreements • Preparation of monthly progress reports and invoices • Record keeping and project closeout Provide overall project management including: • Project staff management and coordination • Subcontractor management and coordination • Prepare and update project schedule • Schedule and budget monitoring 1.3 Coordinate with City staff, including preparation and attendance of up to 18 monthly coordination meetings throughout the duration of the project. Level of effort for this task is based on an average of 2 Consultant staff at each of the following meetings: • One formal kickoff meeting at project start • One formal kickoff meeting upon re-authorization to proceed following 30% and 85% approvaL • Monthly meetings at the City throughout the project duration (estimate 15). Work Element 2 Quality Control/Quality Assurance The Consultant shall provide internal QA/QC reviews of the following major work elements prior to submittal to the City. 2.1 2.2 2.3 2.4 2.5 Field review completed base maps for completeness and accuracy and incorporate findings. Provide senior review of geotechnical investigation plan and report. Provide senior review of design report. Provide senior review of 85% Plans, specifications and estimates. Provide senior review of 100% Plans, specifications and estimates. Work Element 3 Mapping.- Limits of survey. Approximately 2,000 linear feet of South 356th Street from the existing widened section east of Pacific Highway South to the existing widened section west of Enchanted Parkway; 200 feet wide, 100 feet each side of centertine of the South 356th Street City of Federal Way Page 2 of 22 KPG South 356`" Street 6/14/2013 centerline. Pick up building corners that lie within the limits described above. 3.1 Establish horizontal and vertical control points along the corridor and within the project limits described above. Basis of control will be City of Federal Way Datum. Approximately 6 control points will be established and will be made available for the construction Consultant's use during construction. The CONSULTANT will locate, field survey, and calculate positions for all monuments and control points throughout the project limits, using the Washington State plane coordinate system. Conventional or GPS surveying methods will be used on this project. Monuments or corners to be located and field surveyed include the following: • Section Corners • Side street monuments 3.2 Field Survey and Note Reduction. Perform note reduction of the field survey data. 3.3 Mapping work to prepare 1"=20' topographic base map and digital terrain model (DTM) in AutoCAD format of the project within the limits described above. The base map will include building faces, building corners, signs, trees, curbs, sidewalks, utility poles, signal poles and other surface features with in the mapping area as describe above. One-foot contours will be generated from the DTM. 3.4 Field survey to locate paint marks in work element 4.1 at 50-ft intervals and surface feature (valves, manholes, catch basins, junction boxes, vaults). Irrigation systems will not be included. The CONSULTANT will prepare a utility base map from this information. 3.5 Perform observation and measure-downs of existing storm drain catch basins and manholes. Document the approximate size, type, material (brick, concrete), and general condition of the structures to confirm suitability for continued use, and approximate size, material and location of storm drainage pipes will be documented. These observations will be made from the surface. Any required pipe video inspection, potholing or smoke testing needed to verify the condition or connectivity of drainage features within the proposed Right of Way will be performed by the City and the information will be made available to the Consultant. 3.6 3.7 3.8 3.9 Obtain a mounted 1"=100' aerial photograph of the project area. Supplemental surveying for stormwater treatment and storm drainage connections. Survey utility potholes. Survey existing ground profile at retaining wall footings. Work Element 4 Utility Mapping 4.1 Consultant shall subcontract with a locate company to paint all utility locations within the project corridor so that they can be surveyed in work element 3.4. Service line City of Federal Way Page 3 of 22 KPG South 356`h Street 6/14/2013 locations and gravity storm and sewer will not be fieid located or mapped. Request utility companies record drawings and update utility mapping prepared in 3.4. Utility as- builts will be used to verify the location and type of utilities within the limits of this project (i.e. adding the size and type of water main, and type, location and symbol of water valves). Utility depths will not be shown with the exception of those described in work element 3.9. 4.2 Request utility companies record drawings and update utility mapping prepared in 3.5. Utility as-builts will be used to verify the location and type of utilities within the limits of this project (i.e. adding the type of water main, and type, location and symbol of water valves). Utility depths will not be shown with the exception of those described in work element 3.9. 4.3 Coordinate with the utility companies and identify required locations for potholing based on the preferred design alternative. Consultant will prepare a potholing plan for review and approval by the City. All potholing will be perFormed under the direction of the utility owners and is not included in this scope of work. Pothole locations will be marked with pins to identify depth from existing grade to top of their facilities. This information will be incorporated into the mapping accordingly. Depths of utility lines located by potholing will be designated by a symbol in the plans and provided to the construction consultant. Survey of potholing information will be included in work element 3.9. Work Element 5 Traffic Analysis Repor� 5.1 Intersection analysis of Pacific Highway South and South 356th Street is included in the adjacent Pacific Highway South HOV Lane Phase V project. No additional traffic analysis is anticipated or included in this scope of work. Work Element 6 Geotechnical Report 6.1 Geotechnical Exploration Work Plan and Review of Geotechnical Information: The Consultant will review all readily available geotechnical information for the project. Potential data sources include geotechnical information contained in Consultant, City of Federal Way, or WSDOT files; published geologic maps, and soil surveys. The information obtained during the data review will be used to gain a general understanding of the project geology and to more efficiently target the field exploration program. The Consultant will prepare a geotechnical exploration plan that identifies the location and depth of the borings that will be advanced for this project. The exploration plan will include 1"= 40' plan views showing these locations. A written description for the type of analysis to be perFormed will be prepared. The Consultant will obtain and review existing information, coordinate and plan access and restoration for test holes, and identify features that affect other geotechnical design work elements. No field investigation will proceed until the geotechnical exploration plan has been approved by the City. City of Federal Way Page 4 of 22 KPG South 356`h Street 6/14/2013 6.2 Field Exploration and Laboratory Testing Program: The field exploration program will consist of borings to characterize soil and groundwater conditions and pavement cores to measure the pavement section. 6.2.1 Borings Complete a series of five (5) borings to depths of befinreen about 17 and 37 feet (ft) below ground surFace (BGS) to characterize subsurFace soil and groundwater conditions for underground utilities, retaining walls, and pavement rehabilitation/reconstruction. A total drilling footage of 125 ft is assumed for this proposal. The borings will be completed by a reputable drilling contractor under subcontract to the Consultant with a truck-mounted drill rig advancing hollow-stem augers. The Consultant will mark the boring locations in the field and arrange for underground utility location ("call before you dig") prior to drilling. 6.2.2 Geotechnical Laboratory Testing Complete a geotechnical laboratory testing program consisting of natural moisture content determinations and index tests (either mechar�ical sieve or Atterberg limit determinations) on selected soil samples from the borings to aid in classifying site soils and determining pertinent engineering properties of the soil. We have budgeted for 10 moisture content determinations and five (5) index tests. Assumptions: All subcontractors, equipment subcontractors, laboratories, traffic control personnel, and other related subcontractor personnel will be selected, hired, and paid by the Consultant. Traffic control consisting of flaggers, warning signs, and arrow boards will be provided during the field exploration program. The Consultant will submit a traffic control plan to the City for approval prior to commencing field explorations. The City will provide a no-cost street use permit. Borings located in streets will be patched with fast-setting concrete. Pavement consists of asphalt and concrete coring is not required. A contingency of $1,000 is included for clearing of utilities with a vacuum truck. Piezometers will not be installed in the borings. Groundwater levels at the time of dril{ing (if encountered) will be recorded. The borings will be decommissioned in accordance with Washington Administrative Code (WAC) 173-160. Field exploration will be performed during the daylight hours during the conventional work week (Monday through Friday). Soil samples will be disposed of 30 days after the date of the final report. Overlay depths and new pavement structural section will be provided by the City. City of Federal Way Page 5 of 22 KPG South 356`" Street 6/14/2013 6.3 6.4 Geotechnical Engineering Analyses The Consultant will develop geotechnical engineering conclusions and recommendations in accordance with Washington State Department of Transportation (WSDOT) Standard Specifications and, the American Association of State Highway and Transportation Officials (AASHTO) LRFD Bridge Design Manual including: Earthwork: temporary and permanent slope configurations, suitability of onsite soil for reuse as structural fill, import fill criteria, fill placement criteria, and pavement subgrade preparation. Underground Facilities: construction dewatering considerations; excavation and retention; design parameters for temporary shoring; pipe foundation support, pipe bedding and initial backfill materials; suitability of excavated soif for use as trench backfill; and backfill compaction criteria. Signal pole foundations based on WSDOT standard design procedures. Structural Earth Walls: internal wall design parameters, nominal bearing resistance and foundation settlement, resistance to lateral loads, minimum length of geotextile needed for overall stability, and wall backfill and drainage considerations. Geotechnical Report The results of our field explorations, engineering analyses, and geotechnical engineering conclusions and recommendations, will be summarized in a draft geotechnical report for review by the City. The draft report will be provided for review by the project team. Upon receipt of review comments, the Consultant will address the comments and submit a signed and sealed geotechnical report. Deliverables: One electronic copy (in PDF format) of the Draft Geotechnical Report will be submitted. One electronic copy (in PDF format), two bound copies, and one unbound copy of the Final Geotechnical Report will be submitted. Work Element 7 Design Report Prepare a design report. The report will include the 30% plans and cost opinions for the project. 7.1 Compile and review data and records from the City, other agencies, and utilities. Document the design criteria that will be used to develop and evaluate alternatives. Design criteria will be per the WSDOT Project Design Guidelines format. Prepare photo log of existing conditions along corridor. 7.2 Prepare 30% landscape plans to accompany the preferred alternative. It is assumed that the urban design concept will be per City Standard Details 3-29, 3-33 and 3-48 and that no gateway features or other distinct nodes will be included. 7.3 Review the existing storm water facilities within the limits of the project and document applicable stormwater regulations, standards, hydrology and hydraulic design criteria. Identify any SWM projects proposed in the next ten years based on review of the City City of Federal Way Page 6 of 22 KPG South 356`" Street 6/14/2013 comprehensive plan and/or discussions with City staff. Delineate threshold discharge areas (TDAs) and determine applicability of Core Requirements 3(Flow Control) and 8 (Water Quality) to each TDA. Identify feasible alternative approaches to providing required detention and treatment, including end-of-pipe and dispersed upstream (low impact development) approaches. Based on previous City experience with soils along this corridor, infiltration options will not be analyzed. Prepare conceptual design and layout for each alternative. Evaluate alternatives based on construction cost, right-of- way acquisition cost, maintenance cost, and other relevant criteria as identified through discussions with City staff. Document alternatives analysis and recommended approach to detention and treatment in a technical memorandum for City review and approval. 7.4 Prepare a type size and location analysis for stormwater treatment and detention facilities to determine right-of-way needs. It is assumed that detention and water quality facilities will be required for 2 threshold discharge areas along the corridor. Present findings in a brief technical memorandum for City review and approval. 7.5 Prepare a draft Technical Information Report (TIR) describing the technical information and analysis of the stormwater facilities. The draft TIR will be in accordance with City requirements, including a level 1 downstream analysis at two locations, hydrologic calculations, detention and water quality facility design, pipe sizing calculations, and plan view layout as shown on the 30% plans. The TIR will be finalized concurrent with final design under work element 14. 7.6 Coordinate with Puget Sound Energy, Qwest and Comcast Cable to develop a preliminary undergrounding of overhead utilities plan. Each utility company will provide a schematic design of their proposed undergrounding facilities, including vaults, number and size of conduits, temporary pole relocations, and terminal pole locations. The Consultant shall incorporate the utility provided information into a preliminary aerial conversion plan compatible with proposed corridor improvements. The Consultant will prepare a summary table of existing connection type by parcel and provide the City with a summary of properties that need to be converted to underground service. 7.7 Analyze illumination to provide levels consistent with the current City illumination standards. Prepare a preliminary layout of the street illumination system and include supporting calculations as an appendix to the design report. 7.8 Develop retaining wall cross section alternatives (plan and typical section) and comparative level of opinion of cost. It is anticipated that walls will be either cast in place concrete, soldier pile, or MSE. In determining the type of wall to use, the Consultant will analyze cost and constructability of each wall system. Detailed design of the wall will be performed under Work Element 14. 7.9 Prepare 30% Plans and estimate preliminary quantities and prepare preliminary opinions of probable cost for construction. 7.10 Prepare an analysis of preliminary right-of-way requirements based on existing property lines, estimated required takes, easements and changes to current access. The City will provide the required width of right-of-way for this segment of South 356th Street City of Federal Way Page 7 of 22 KPG South 356`" Street 6/14/2013 7.11 Compile and prepare the Draft and Final Design Report. 5 bound copies and 1 unbound original will be submitted for the draft and final reports. 7.12 Assist the City with the value engineering study. The CONSULTANT will present the proposed design to the VE team, be available for questions and follow up information throughout the week, and to attend the presentations of findings. The City will summarize the results of the VE Team's deliberations and provide them to the CONSULTANT for a formal response. The formal response will be limited to a response letter. CoQrdination of the VE team, meeting locations, and schedules will be by the City. Work Element 8 Environmental 8.1 The Consultant will prepare a Local Agency Environmental Classification Summary (ECS) with supporting documentation as required by WSDOT for projects that receive federal funding through WSDOT (Environmental Procedures Manual, Section 310.07). The ECS will include the recommended NEPA determination (assumed to be a Class II, Documented Categorical Exclusion). The Consultant will document this assumption following the WSDOT Local Agency Guidance (LAG) manual. The ECS will also include an effect determination for species listed under the Endangered Species Act (ESA) and Essential Fish Habitat (EFH) evaluation, a determination of project impacts on cultural resources, an evaluation of the project air quality and potential noise impacts, and documentation of a wetland delineation, (see the following scope items). The ECS will also require a discussion of stormwater treatment and detention, which will be based on information provided under Work Element �• The NEPA will include the Advanced Acquisition Form to allow right of way to proceed in advance of ECS approval. Assumptions: • The Federal Way S 356th Street project will be determined to be a Class II Documented Categorical Conclusion and neither a NEPA Environmental Impact Statement nor an Environmental Assessment will be required. Deliverables: • An electronic and paper copy of the draft ECS in Adobe PDF. • An electronic and six (6) paper copies of the final ECS in Adobe PDF. 8.2 Biological Evaluation (BA) and Essential Fish Habitat Evaluation (EFH). The Contractor will prepare a brief effect determination letter on species listed as threatened under the ESA (assumed to be a"no effect" letter) and an EFH evaluation. The Consultant will obtain updated species lists from the agencies web sites and also request site specific habitat information from the Washington State Department of Fish and Wildlife priority habitats and species database. Evaluation of specific project details such as construction techniques and equipment used, timing of construction, temporary City of Federal Way Page 8 of 22 KPG South 356`" Street 6/14/2013 sediment and erosion control measures, and best management practices will be based on information developed under Work Element 7. Information on the amount of new impervious surfaces, stormwater detention, and stormwater quality treatment will be based on information provided under Work Element 7. The Consultant will prepare a draft effect determination for review and comment by the City and then a final document. Assumptions: • The Consultant will only include a discussion of Puget Sound Chinook salmon, Coastal-Puget Sound bull trout, designated critical habitat for these two species, Puget Sound steelhead, and bald eagle in this evaluation. • The project will have no effect on listed species or their designa#ed critical habitat and a detailed Biological Assessment will not be required. Deliverables: • An electronic and paper copy of the draft effects determination letter in Adobe PDF. • An electronic and six (6) paper copies of the final effects determination letter in Adobe PDF. 8.3 Cultural Resource Investigation. The Contractor will conduct the required National Historic Preservation Act Section 106 Cultural Resources Survey. Work will consist of the following tasks necessary to comply with Section 106: Conduct a background search to identify known cultural resources within the project area of potential effect (APE) defined by the City of Federal Way and assess the potential for the APE to contain cultural resources Conduct a pedestrian field reconnaissance to complete the assessment of the potential for the APE to contain cultural resources Conduct subsurface probes in areas proposed for construction, which are not currently paved. Prepare a technical report of findings with recommendations for additional field work and/or archaeological monitoring during construction. It is not feasible to conduct any subsurFace surveys at this point in those portions of the APE that are currently paved; however, if the Contractor conducts geotechnical borings, our archaeologist will examine the cores brought back from the field for cultural materials. Based on the work outlined above, the Consultant should be able to define specific areas for shovel probes and/or construction monitoring during construction. Assumptions: • The Consultant will evaluate and prepare Historic Inventory Forms for no more than 2 historic properties within the APE. City of Federal Way Page 9 of 22 KPG South 356`" Street 6/14/2013 The Consultant will conduct transects for archaeological investigations at a 20 meter interval in areas proposed for new construction that are not currently paved (although specific sizes and locations are currently unknown, for budgeting purposes, The Consultant assumes 2 locations, with 2 probes at each location). • No human burials or archaeological sites will be encountered and the Consultant will not need to participate in any Section 106 consultation meetings. Deliverables: • An electronic and paper copy of the draft Cultural Resources report in Adobe PDF. • An electronic and six (6) paper copies of the final Cultural Resources report in Adobe PDF. 8.4 Air Quality Analysis. In Washington, all nonexempt transportation projects regardless of the funding base, must evaluate air quality resulting from proposed project activities such as adding new signals or altering intersection configurations. The Contractor will perform an air quality analysis and produce a technical report for the proposed roadway improvements associated with the Federal Way S 356th Street project. The technical report will be consistent with the guidelines contained in Section 425 of the WSDOT Environmental Procedures Manual and in accordance with requirements of federal and state conformity regulations and the procedures in EPA's Guidelines for Modeling Carbon Monoxide from Roadway Intersections (1992). The Contractor will identify National Ambient Air Quality Standards (NAAQS) and other applicable state and local air quality regulations. The consultant will coordinate with the Environmental Protection Agency (EPA), Department of Ecology (Ecology), and the Puget Sound Clean Air Agency (PSCAA) to obtain the most recent air quality information. This task includes the subtasks outlined below: Existing Conditions Assessment: The Contractor will identify whether the project area is located in an attainment, non-attainment, or maintenance area for criteria pollutants. The Consultant will present data collected by state and local agencies at continuous monitoring stations near the project area, and the Consultant will include a general discussion of health and welfare effects of air pollutants associated with transportation related projects. Emissions Modeling: The Consultant will use EPA's Mobile Source Emission Factor Model, MOBILE6.2 software to develop vehicle emission factors based on inputs specific to King County and the City of Federal Way. Dispersion Modeling: The Consultant will use EPA's CAL3QHC Version 2.0 software to predict CO concentrations from vehicles during the existing year (2006), year of opening, and 2030 design year (horizon year). Impact Analysis: The Consultant will locate receptors in areas susceptible to air quality impacts. Predicted future CO concentrations will be presented in a table for comparison with standards. Construction Impacts: The analysis will qualitatively evaluate the short-term impacts of emissions from construction activities. Concentrations of air pollutants from City of Federal Way Page 10 of 22 KPG South 356'" Street 6/14/2013 construction activities will not be predicted with computer models. The Consultant will identify standard mitigation measures and best management practices for control of particulate and fugitive dust during construction. Technical Report: The Contractor will prepare a technical report outlining methods, historic air quality data, MOBILE6.2 and CAL3QHC results, methods, assumptions and analysis of impacts. The Consultant will prepare a conformity statement on each of the alternatives for inclusion in the technical document. Assumptions: • The Consultant will analyze a maximum of one (1) widening alternative that have the worst level of service resulting from the proposed project for CO concentrations. An approximate'/4-mile radius will be used for this selection process. Deliverables: • An electronic and paper copy of the draft Air Quality technical report in Adobe PDF. • An electronic and six (6) paper copies of the final Air Quality technical report in Adobe PDF. • Specific engineering and traffic related data developed under Work Elements 5 and 7 that are required to start this task will be provided to the City of Federal Way under separate cover. 8.5 Noise Analysis The Federal Highway Administration is the agency responsible for administering the federal-aid highway program. Before those funds can be used for projects, the projects must be approved by FHWA, which can only grant its approval for projects that are developed in accordance with federal statutes and regulations. One of these regulations requires that a noise study be accomplished to determine what noise impacts, if any, will result from the proposed improvement and what measures will be taken to lessen those noise impacts. The Contractor will conduct a noise analysis that meets the FHWA noise evaluation criteria. This effort will require the following activities: Site Visit: Noise measurements for the Federal Way S 356th Street project will be collected along all existing or proposed roadway segments that may be affected by the proposed project where frequent human use is likely to occur. Existing Conditions Review: The Consultant will review the traffic report developed under Work Element 5 and summarize that information in the noise technical report. Noise Assessment: Noise conditions within the existing project area will be used to estimate the future worst hourly noise levels with and without the project. Noise modeling will be conducted using Traffic Noise Modeling 2.5 software to predict these future noise levels. Noise levels will be evaluated based on known noise City of Federal Way Page 11 of 22 KPG South 356`h Street 6/14/2013 level increases with the percent of traffic increase on surrounding streets. These estimated noise levels will be compared with the FHWA noise abatement criteria. Noise Report: A technical report summarizing the existing conditions, future conditions, operational and construction impacts, and construction mitigation options will be prepared for review and approval by FHWA. Assumptions: • Because of the lack of sensitive receivers in the project area, the Consultant will conduct noise modeling for no more than 5 receptor locations. • The traffic report will contain traffic data for existing conditions, future no-build conditions, and future build conditions. • The Consultant will attend two meetings with the City and/or WSDOT personnel to gather background information and determine WSDOT requirements for the above studies. Deliverables: • An electronic and paper copy of the draft Noise technical report in Adobe PDF. • An electronic and six (6) paper copies of the final Noise technical report in Adobe PDF. • Specific engineering and traffic related data developed under Work Elements 5 and 7 that are required to start this task will be provided to the City of Federal Way under separate cover. 8.6 Wetland Delineation The Contractor will conduct a wetland delineation and buffer determination of the undeveloped portion a{ong the southern project limits. This delineation will be conducted to verify that any proposed widening or construction work in that portion of the project will not impact any wetlands or their buffers. Assumptions: • Wetland mitigation and US Army Corps of Engineering Permits will not be required. Deliverables: • No deliverable; the results of the wetland delineation will be documented as part of the ECS (Work Element 8.1) 8.7 Environmental Permits The Consulant will support City preparation of a Notice of Intent letter for submittal to the Washington Department of Ecology for a National Pollutant Discharge Elimination System (NPDES) Construction Stormwater General Permit. The Stormwater Pollution Prevention Plan (SWPPP) to support the NPDES permit will be prepared by the City of Federal Way Page 12 of 22 KPG South 356`" Street 6/14/2013 Contractor. Assumptions: • The City will prepare and submit all permit application materials to the resource agencies and will pay all permit fees. • The City will prepare and publish all required public notices for the permits. • No other environmental permits besides the NPDES will be required for this project. • SEPA Checklist, if required, will be through adoption by the City of the NEPA documentation and will require no additional work by the Consultant. Deliverables: • An electronic copy of the draft application materials in Adobe PDF. • An electronic and six paper copies of the final application materials. Work Element 9 Property Transfer Site Assessments 9.1 Corridor-Wide Alignment Screening The Consultant will conduct a corridor-wide alignment screening to evaluate the presence or like�y presence of potential hazardous substances that could have an effect on right-of-way acquisition and/or roadway work. The corridor-wide alignment screening will be completed in general accordance with American Society for Testing and Materials (ASTM) E1528-00 Standard Practice for Environmental Site Assessment: Transaction Screen Process, modified as appropriate for this project. It is important to understand that the corridor-wide alignment screening is not a means of finding "everything there is to know about a property." Rather, it is an attempt to determine potential environmental liabilities of properties along the roadway corridor based on reasonably available documentation (both oral and written). This study will support the City's design; environmental due diligence for fee takes, temporary construction easements, and permanent construction easements; and NEPA documentation process. • Review the results of a federal, state and local environmental database search provided by an outside environmental data service for listing of information on confirmed and suspected contaminated sites or nearby structures specified by ASTM. Subject to the availability, the Consultant will review the following environmental records and related information: Federal National Priority (NPL) Site List, Federal CERCLIS List, Federal RCRA CORRACTS TSD Facilities List, Federal RCRA non-CORRACTS TSD Facilities List, City of Federal Way Page 13 of 22 KPG South 356`" Street 6/14/2013 Federal RCRA Generators List, Federal ERNS List, Washington States' Lists of Hazardous Waste Sites Identified for Investigation or Remediation (State Confirmed and Suspected Contaminated Sites List (CSCL), Washington States' Landfill or Solid Waste Sites Lists, Washington States' Leaking UST Lists, and Washington States' Registered UST Lists The evaluation will focus on sites that are within '/4 mile from the alignment. Local geology and hydrogeology will be considered. The database search will also be evaluated to identify Department of Ecology (Ecology) files that may need to be reviewed during the Alignment Screening. • Review Historical Code city directories for the alignment. These historical directories will be researched on 5-year intervals from the present back to initial development along the alignment or to the earliest-dated Cole directory available. Review historical aerial photographs from the WSDOT for the alignment to identify past development history on parcels relative to the possible use, generation, release or disposal, of hazardous substances. These photographs will be reviewed on 10-year intervals from the present back to 1940 or the earliest available photographs from WSDOT. Sanborn fire insurance maps were not available for the alignments of the previous Pacific Highway South projects, it is expected that they will not be available for this alignment. • Conduct a visual reconnaissance from public access areas and from the public right- of-way of the parcels and adjacent parcels along the roadway corridor. A project standard field observations checklist for the alignment screening will be used to record information regarding each site. Sites within two blocks of the alignment will be inspected and recorded and features of environmental concern on each site will be mapped on current versions of ROW drawings, if available. • The information gathered from the above sub-elements will be reviewed, evaluated and compared to the most current design and ROW drawings. A technical memorandum report will be prepared with will include the following: Maps of potentially contaminated and hazardous material/waste sites, Summary of the information collected in the alignment screening, Identification of potential impacts to the alignment, design and/or construction and an assessment and evaluation of risk and exposure of the contaminated sites or potentially highly contaminated areas, and City of Federal Way Page 14 of 22 KPG South 356`h Street 6/14/2013 Recommendations described as an environmental management plan which will include methods to address the high risk and/or liability sites in design, ROW acquisition and construction, Recommendations for how to resolve investigation and cleanup issues, associated with these sites, with the Ecology. Assumptions: • City will provide basic information on each property along the roadway corridor (owner name, address, and tax parcel number). • ASTM considerations (e.g., identification, sampling and analysis for radon, lead in drinking water, lead-based paint, polychlorinated biphenals (PCB) in light ballast, asbestos-containing building materials or urea formaldehyde in onsite structures, and/or wetlands, regulatory compliance, indoor air quality including the potential presence of mold, industrial hygiene, and health and safety) are not included in this scope of work. • Soil, surFace water, or groundwater sampling and chemical analyses are not included in this scope of work. Deliverables: • An electronic copy (in pdf format) and finro bound copies of the draft corridor-wide screening report. • An electronic copy (in pdf format) and one bound and one unbound copy of the final corridor-wide screening report. Work Element 10 Community and Agency Coordination. 10.1 Provide meeting minutes and action items from City arranged project meetings with cooperating and permitting agencies. (Assume 2 meetings) 10.2 Arrange and coordinate up to 2 project meetings with the utility companies. Provide meeting minutes and action items. 10.3 Attend one Community-wide Open House. 10.4 Prepare an open house flyer, 1 roll-plot, cross-section exhibit, a project schedule exhibit and other design exhibits as required for each open house. Attend up to 2 meetings with groups of abutting property owners and/or tenants. Work Element 11 Right of Way Calculations Perform the following work items necessary to establish the South 356th Street right-of-way (ROW) corridor for this project. 11.1 Research Records. Determine which existing corners and monuments should be field City of Federal Way Page 15 of 22 KPG South 356`h Street 6/14/2013 located and surveyed. 11.2 Calculations for ROW centerline alignment and ROW lines. Using the research information and the survey work described above, calculate location and surveyed corners, roadway features and monuments. The ROW centerline will be defined geometrically using Washington state plane coordinates and stationing will be assigned to the alignment. 11.3 Prepare and submit Right-of-way plans to WSDOT. 11.4 Prepare legal descriptions and exhibit maps for up to three (3) parcels requiring fee simple take. 11.5 Prepare legal descriptions and exhibit maps for up to three (3) parcels requiring permanent easements. 11.6 Calculate the right-of-way required and prepare exhibit maps for up to six (6) rights-of- entry. 11.7 Field locate existing common property line and proposed right of way lines on 3 parcels. Work Element 12 Right of Way Appraisals 12.1 Prepare a Preliminary Funding Estimate (PFE) for each of three (3) parcels which require permanent rights. For each non-complex parcel valued under $25,000, the Consultant will prepare an Appraisal Waiver Summary Sheet. 12.2 Provide 3 full narrative appraisals and appraisal reviews. The City will review appraisals and set just compensation for all parcels from which offers to property owners will be made. An appraiser will be selected in collaboration with the City based on ability to meet schedule requirements near the time when these services are scheduled to begin. Appraisals and review appraisals will be performed by a reputable firm approved on the WSDOT qualified appraiser list under subcontract to the Consultant. For budgeting purposes, the Consultant has included an allowance of $3,000 per appraisal and $1,000 per review appraisal. Work Element 13 Right-of-way Negotiations 13.1 Review title reports, information provided with the City. maps, legal descriptions, appraisals, review appraisals and other Errors, questions and clarification will be reviewed and discussed 13.2 Assemble parcel files. Parcels files will include: Negotiator's Disclaimer, detail written diaries for each parcel, fair offer letters, documents, and other items necessary for negotiations, and signature ready legal documents for each parcel. Upon completion of negotiations or as directed by the City, the complete file will be submitted to the City. City of Federal Way South 356`" Street Page 16 of 22 KPG 6/14/2013 13.3 Secure ownership information for those parcels requiring temporary access rights. 13.4 Provide acquisition and negotiation services for up to 3 parcels, fee simple takes and permanent easements. Make at least three (3) personal contacts with each owner with the intent of reaching settlement for the conveyance of property or property rights needed for each parcel. As many contacts as needed to reach settlement will be made, until it is mutually agreed between the City and the Consultant that negotiations be suspended or given to the City Attorney to pursue eminent domain actions. Preparation of all documents necessary for monetary lien and encumbrance removal and obtain signatures from parties in interest on each parcel. Coordination with the title company to obtain titles vested in the City clear of all encumbrances. Prepare negotiations and title clearing for the City to process payment of the parcel. More than one voucher will be necessary for most parcels to pay encumbrances as well as owners. Provide certification services including: providing WSDOT certification review advisory and coordination services as requested by the City. All parcels will be delivered in a certification ready format. 13.5 Negotiate with each owner to acquire up to three (3) right-of-entry easements. It is assumed that right-of-entry easements will be acquired in conjunction with the fee simple negotiations. 13.6 Submit completed file to City for payments to owners and filing with the County. 13.7 Negotiate with each owner to acquire up to six (6) right-of-entries without fee simple takes. 13.8 Provide overall coordination for right-of-way activities. Maintain records, files, documents and reports in accordance with statutory, City guidelines and regulations. Provide written status reports on at least a weekly basis and provide verbal status reports on demand, as requested. Attend monthly project status meetings as requested. Assumptions: • There are no relocations on this project. • The City will prepare a Negative Relocation Plan to memorialize that there are no relocations on the project. • Sign relocations will be considered cost to cure items addressed in appraisals and negotiations. • All utilities easements, permits and clearing will be handled by the CITY. • Title Clearance will be done in accordance with WSDOT LAG Manual Ch 25 section 25.8. City of Federaf Way Page 17 of 22 KPG South 356`h Street 6/14/2013 • Consultant will clear any liens and encumbrances that are in conflict with the City's intended use of the right of way acquired to ensure certification and that there are no conflicts of ownership or use of the land required during construction. • The City will pay property owners and/or lien holders / encumbrancers for any property or property rights acquired through the closing process. Work Element 14 Final Design The Consultant shall provide Final Plans, Specifications and Estimates for review and approval by the City. Plans shall be formatted to provide sufficient detail for convenient field layout of all proposed facilities. City standard details and WSDOT standard plans will be supplemented with project specific details as required. The 85% plans and specifications shall be stamped by a licensed professional Engineer in the State of Washington. Final bid documents will be stamped and signed by a licensed professional engineer in the State of Washington. 14.1 Assemble a title and index sheet that would include a vicinity map. 14.2 Assemble a sheet for symbol and abbreviation legends, general notes 14.3 Prepare construction staging plans that illustrate a method by which the construction contractor could perform the required work while minimizing, to the extent possible, the impacts on the environment, traffic and access to adjacent property. 14.4 Prepare roadway typical sections. 14.5 Prepare paving detail sheets. 14.6 Prepare a schematic map showing sunrey control monuments location and their coordinate values. 14.7 Prepare site preparation and erosion control plans. These plans will include all demolition and erosion control, and will provide grading limits. 14.8 Prepare alignment, paving, and grading plans. These plans will include horizontal alignment information and plan views of grading and paving limits, as well as limits of cut/fill required and retaining walls. 14.9 Prepare roadway profiles for South 356th Street. Roadway centerline will be shown at 25 ft intervals. 14.10 Prepare private driveway plan and profile drawings, 14.11 Prepare channelization and signing plans. These plans will delineate the locations of all pavement markings including lane lines, crosswalks, turn arrows, stop lines and curb face painting. These plans will also show the locations and sizes of all signs. City of Federal Way Page 18 of 22 KPG South 356`" Street 6/14/2013 14.12 Prepare drainage detail sheets, depicting special or non-standard drainage features. For budgeting purposes, it is assumed that detention and treatment facilities will consist of underground tanks/vaults. KCRTS software will be used for hydrology and facility sizing. Precast vault elements are assumed with no special structural design needed and treatment facilities will be manufactured stormwater treatment devices. 14.13 Prepare drainage plans and profiles. These plans will include information and plan views of storm drainage system including type, material, size and location of pipes, catch basins, and oil control devices, stormwater detention and treatment facilities. 14.14 Prepare final TIR addressing draft TIR comments from the City at the 85% completion submittal. Include drainage profiles, detention and treatment design. Prepare storm drain analyses (both uniform flow and backwater) for the proposed storm drains. Preparation of a Stormwater Pollution Prevention Plan (SWPPP) is not included in this scope of work. 14.15 Prepare landscaping and irrigation plans showing elements affecting planting and irrigation such as luminaries, driveway cuts, utilities, etc. The plans will include the type and location of all planting materials, as well as the layouts for any project required irrigation within the public right-of-way. Landscape improvements will utilize similar layout and design as the Phase I and Phase III projects. Prepare landscaping and irrigation detail sheets that include details for items such as connections for the irrigation lines to water sources and planting details. The Consultant will verify the existing water pressure available for the irrigation system with Lakehaven Utility District and field measurements of the available water pressure. Water pressure will be measured at finro locations along the project using a standard residential water pressure gauge. 14.16 Prepare roadway illumination system plans. Plans will include layouts of lighting system equipment, and conduit and conductor schedules. Electrical plans will include eleetrical service conversion design for up to three (3) parcels. A joint trench will be shown on the plans indicating, in general, a location for the joint utility trench which will be available for use by the utility companies. The plans will show the layout of a spare City communication conduit including vaults for the length of the project. Illumination design shall be per the current City of Federal Way Street Lighting Standards. Photometric and line loss calculations shall be submitted to support the City of Federal Way design standards. 14.17 Coordinate with Puget Sound Energy, Qwest and Comcast Cable to develop a preliminary undergrounding of overhead utilities plan. Each utility company will provide a schematic design of their proposed undergrounding facilities, including vaults, number and size of conduits, temporary pole relocations, and terminal pole locations. The Consultant shall incorporate the utility provided information into a preliminary aerial conversion plan compatible with proposed corridor improvements. The Consultant will prepare a summary table of existing connection type by parcel and provide the City with a summary of properties that need to be converted to underground service. 14.18 Coordinate with Puget Sound Energy, Qwest and Comcast Broadband and Internet Services to coordinate their design of utility undergrounding. Prepare and assemble City of Federal Way Page 19 of 22 KPG South 356`" Street 6/14/2013 standard plans provided by each utility for inclusion in the contract documents. The Consultant will provide base map sheets to each utility company for use in their individual design. The Consultant will compile plans for undergrounding of overhead utilities and include these plans in the set of contract documents. The Consultant will be responsible for showing the trench locations on the plans and incorporating specifications and opinions of cost to include the payment of the utility trench excavation and backfill, conduit and vault installation in this contract. The Consultant will coordinate with each utility company to confirm that their design is consistent and compatible with the roadway design. The Consultant will review utility company standard plans and details for conflicts with other standard plans and details and provide written notification of conflicts to the utility companies. This will be accomplished at up to five (5) meetings with all utility companies and correspondence with each utility company and the City. The Consultant will not be responsible for coordinating service connection details with individual property owners, except as noted in work item 14.17; however, the Consultant will summarize the type and number of conversions required for the undergrounding. 14.19 Prepare retaining wall plans where required. Plans views of retaining walls will be shown on the paving and grading plans prepared in work item 11.8. The horizontal limits of the retaining walls will be shown by station and offsets. MSE retaining walls are anticipated only at locations where adjacent land uses do not allow sloping of excavations and embankments. 14.20 Prepare retaining wall profiles. Wall profiles will be prepared showing the top of wall, top of wall barrier, top of footing, existing ground line and final ground line as applicable. Existing and proposed storm drain or utility crossings will be shown in the profile. Top of wall elevations will be provided at 25-foot stations along the wall profile. 14.21 Prepare retaining wall details. Structural design details for each wall will be prepared and shown on these plans. These details will include a typical cross section of the wall, all barrier design details, foundation details, fencing/handrail details, luminaire mounting details, wall penetration details and sloping/shoring requirements. This task includes preparing structural design calculations, and global and internal stability calculations related to the design of the retaining wall. Final design of proprietary structural earth walls will be performed by the Contractor in accordance with WSDOT Standard Specifications. Preliminary reinforcement calculations for proprietary walls will be incorporated to determine structure excavation quantities and right of way needs. 14.22 PerForm 85% and 100% Design quantity take-offs and opinion of costs. 14.23 Prepare contract specifications for the 85% and 100% submittals based on current WSDOT/APWA standards (English), applicable amendments to the current WSDOT/APWA standards and applicable LAG standards. City of Federal Way Page 20 of 22 KPG South 356`" Street 6/14/2013 Work Element 15 Plan Production 15.1 Assemble and submit plans and specifications for 85, and 100 percent levels of design. • One full size set of plans • 6 half-size sets of plans (11x17), including one unbound original • 6 copies of specs, including one unbound original • 6 copies of the opinion of cost 15.2 Assemble and coordinate the printing of 50 sets of half-size contract plans, 50 sets of specifications for bidding and 6 full size sets of plans. Work Element 16 Assistance During Bidding. 16.1 Prepare addenda and respond to bidders questions relayed through the City. It is assumed that the CONSULTANT will prepare three (3) addenda. 16.2 The Consultant will evaluate the bids received. Evaluation will consist of reviewing the bid for accuracy as well as identify bid items that may be either mathematically or materially unbalanced. 16.3 Prepare letter of recommendation to award. The Consultant will prepare a letter of recommendation to either award to or reject the low bidder. The Consultant will contact references provided by the lo bidder, search the Lists of Parties Excluded from Federal Procurement and Non-procurement Programs, review the State of Washington Department of Labor and Industries Contractor database for any current or a�tive summons or claims. The Consultant will discuss the results of the bid evaluation performed in 16.2. The letter of recommendation will be up to three pages in length. City of Federal Way Page 21 of 22 KPG South 356'h Street 6/14/2013 Sheet List Cover sheet Sheet Index, Survey Control & Alignment Data Legend and Abbreviations Roadway Sections Paving Details Drainage Details Right of Way Plans Existing Utility Pothole Information Site Preparation and Erosion Control Plans Roadway Plans Roadway Profiles Drainage Plans Drainage Profiles Driveway Plan and Profiles Retaining Wall Plan and Elevations Retaining Wall Details Landscape and Irrigation Plans and Details Illumination Plans and Details Traffic Signal Systems Plans and Details Channelization and Signing Plans and Details Joint Utility Plans and Details TOTAL = (1 sheet) (1 sheet) (1 sheet) (1 sheet) (2 sheets) (4 sheets) (5 sheets) (1 sheet) (5 sheets) (5 sheets) (5 sheets) (5 sheets) (5 sheets) (1 sheet) (5 sheets) (3 sheets) (8 sheets) (6 sheets (0 sheets) (5 sheets) 6 sheets 75 sheets City of Federa! Way Page 22 of 22 KPG South 356`h Street 6/14/2013 EXHIBIT C Electronic Exchange of Engineering and Other Data Electronic Deliverables include digital photos (jpg), scanned or electronic documents (pdf, doc, xls, etc.), Contractor 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 soflware is Microsoft Outlook 2010, Soflware Suite is MS Office 2010. Exhibit D-2 Payment (Cost Plus a Fixed Fee) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work specified in Section II, "Scope of Work." The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost, overhead, direct non-salary costs, and fxed 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 fulfll the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the direct salary costs billed to the AGENCY. 2. Overhead Costs: Overhead Costs are those costs other than direct costs, which are inctuded as such on the books of the CONSULTANT in the normal 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 CONSULTANT for overhead at the percentage rate shown. This rate shall not change during the life of the AGREEMENT. b. Actual Cost: If this method is indicated in the heading of the AGREEMENT the AGENCY agrees to reimburse the CONSULTANT the actual overhead costs verified by audit, up to the Maximum Total Amount Payable, authorized under this AGREEMENT, when accumulated with all other Actual Costs. A summary ofthe CONSULTANTS cost estimate and the overhead computation is shown in E�chibit "E" attached hereto and by this reference made part of this AGREEMENT. When an Actual Cost method is used, the CONSULTANT (prime and all sub-consultants) will submit to the AGENCY within six (6) months after the end of each firm's fiscal year, an overhead schedule in the format required by the AGENCY (cost category, dollar expenditures, etc.) for the purpose of adjusting the overhead rate for billing purposes. It shall be used for the computation of progress payments during the following year and for retroactively adjusting the previous year's overhead cost to reflect the actual rate. DOT Form 140-089 EF Exhibit D-2 Revised 6/08 EXHIBIT E-1 FEE SUMMARY Project: City of Federal Way South 356th Street Roadway Improvements Pacific Highway South to Enchanted Parkway I�PG ♦ Architecture ♦ Landsca�e Architecture ♦ Civil Bnginetring ♦ 'Descr'rpi�on ' Estimated' Fee " Work Element 1- Project Management Work Element 2- Quality Control/Quality Assurance Work Element 3 - Mapping Work Element 4- Utility Mapping Work Element 5- Traffic Analysis Report Work Element 6- Geotechnical Report Work Element 7- Design Report Work Element 8 - Environmental Work Element 9- Property Transfer Site Assessments Work Element 10 - Community and Agency Coordination Work Element 11 - Right of Way Calculations Work Element 12 - Right of Way Appraisals Work Element 13 - Right of Way Negotiation Work Element 14 - Final Design Work Element 15 - Plan Production Work Element 16 - Assistance During Bidding $24, 557.69 $8,866.55 $34,771.50 $5,804.24 $0.00 $22,899.57 $66,669.53 $71,869.08 $7,107.49 $10,231.53 $17,745.62 $20,795.50 $32,997.18 $181,822.49 $16,743.17 $6,815.24 Total Estimated Fee �529,696.3$ City of Federal Way Page ? of 1 KPG South 356th Street 6/14/2013 HOUR AND FEE ESTIMATE EXHIBIT E-1 Project: City of Federal Way South 356th Street Roadway Improvements Pacific Highway South to Enchanted Parkway _ _ _ Labar'H�ur Estimate �� ♦ Architecturc ♦ C.BridBCAQC A.t9C11lIt�.GtuYL` ♦ Civil Enginucriixg ♦ ... . ... Tn4�l'.Fao.. Proj Engr Dsn enar'', 3enior Project �eniar LA ' 1.A Survey Task Description Engin�3r Manager Proj Surv 'Surveyor Crew' T�Gh Cl�riCal ' pireet f}verhead Profit Effectivemultiplier $ Fs4;90 $ 56.58 �' 41.OQ ,;,$ 35.60 $ 50:65 $ 28.85 $ 22.35 ' Hours ;Lab9r CVSt 145.78°/a 30Wo 2.7578 Work Element 1- Pro'ect Mana ement 1.1 Project mana ement administrative services 16 16 0 0 0 0 16 48 2,301 3,354 690 $ 6,345.59 1.2 Overall Project management 8 24 0 0 0 0 24 56 2,413 3,518 724 $ 6,654.68 1.3 City staff coordination meetin s(15 15 30 15 15 0 0 15 90 4,155 6,057 1,246 $ 11,457.42 Reimbursable ex enses - see breakdown for details $ 100.00 Task Totals 39 70 15 15 0 0 55 194 8,869 12,929 2,661 $ 24,557.69 Work Element 2- Quali Control/Quali Assurance 2.1 Field review of base maps for accuracy 0 0 4 0 0 8 0 12 395 576 118 $ 1,088.78 2.2 Geotechnical review 2 4 0 0 0 0 0 6 356 519 107 $ 981.89 2.3 Review design report 4 8 4 0 0 0 0 16 876 1,277 263 $ 2,416.05 2.4 Review 85% plans, specs, and estimate 4 8 4 0 0 0 0 16 876 1,277 263 $ 2,416.05 2.5 Review 100% plans, specs, and estimate 4 8 0 0 0 g 0 12 712 1,038 214 $ 1,963.77 Reimbursable ex enses - see breakdown for details Task Total 14 28 12 0 0 Work Element 3- Ma in 3. t Establish horizontal and verticai control 0 0 0 0 20 3.2 Field survey and note reduction 0 0 16 12 50 3.3 Prepare topo and DTM 0 0 12 80 0 3.4 Locate utility paint marks 0 0 0 8 16 3.5 CB and MH measure downs 0 0 0 8 8 3.6 Provide 1"=100' mounted aerial 0 0 0 0 0 3.7 Supplemental survey for storm facilities 0 2 0 8 16 3.8 Survey utility potholes 0 2 0 4 8 3.9 Survey existing ground profile at walls 0 2 0 4 8 Reimbursable ex enses - see breakdown for details Task Total 0 6 28 124 126 Work Element 4- Utili Ma in 4.1 Coordinate field utlity locates 0 0 4 0 0 4.2 Request utlity com an as builts 0 4 0 4 0 4.3 Prepare potholing plan/utility potholin coordination 0 0 4 0 0 Reimbursable ex enses - see breakdown for details Task Total 0 0 0 0 0 � 0 1 0 0 � �' �' � � � 0 � 0 1 0 0 0 0 0 0 0 0 0 0 0 4 0 $ - 62 3,215 4,687 965 S 8,866.55 20 1,013 1,477 304 $ 2,793.65 78 3,616 5,271 1,085 $ 9,971.38 92 3,340 4,869 1,002 $ 9,211.05 24 1,095 1,597 329 $ 3,020.34 16 690 1,006 207 $ 1,902.88 2 58 84 17 $ 159.13 30 1,324 1,930 397 $ 3,650.56 14 661 963 198 $ 1,822.13 18 776 1,131 233 $ 2,140.38 $ 100.00 294 12,572 18,328 3,772 $ 34,771.50 4 164 239 49 $ 452.28 12 458 668 137 $ 1,263.18 12 395 576 118 $ 1,088.78 $ 3,000.00 28 1.017 1.482 305 5 5,804.24 City of Federal Way Page 1 of 6 KPG South 356th Str�et 6✓14/2013 HOUR AND FEE ESTIMATE EXHIBIT E-1 Project: City of Federal Way ii ��" South 356th Street Roadway Improvements + ��"�u''� • C.andacape AruhiGee�ur� Pacific Highway South to Enchanted Parkway t ci�sa ��ri�*��,B * Task Description Work Element 5- Traffic Analysis Report 5.1 No additional work anticipated Reimbursable expenses - see breakdown for details Task Total Work Element 6- Geotechnical Report 6.1 Reconnaissance and exploration planning 62 Field Explorations and lab testing 6.3 Geotechnical engineering analysis 6.4 Geotechnical Report Reimbursable expenses - see breakdown for details Task Total Work Element 7- Design Report 7.1 Compile and review existing data 7.2 Prepare landscape/urban design concepts 7.3 Document stormwater facilities, stds, and approach 7.4 Stormwater detention and WQ memorandum 7.5 Prepre draft TIR 7.6 Aerial utility preliminary design coordination 7.7 Prepare preliminary lighting layout and calcs 7.8 Develop retaining wall alts and recommendat 7.9 Prepare 30% Plans and opinion of cost 7.10 Analyze preliminary right of way requirement: 7.11 Prepare draft and final report 7.12 Assist with VE study Reimbursable expenses - see breakdown for Task Total ` Labari Hour Estimate _ Tota! Fee Pmj Engr Dsn engc _ Senior ProjecY Senior l.R lA Suroey Engineer Manager Proj Surv Surveyor ecew T�Ch Glerieal DireCt Qverhead PrOfit Effactive mulkiplier $ 64,90 $ 56.56 $, 41.0� $ 35.60 $ 50:65 $' 28.$5 $' 22.35 HourS �bor Gost 145:78°fo ' 30% 2.7578 0 0 0 0 0 0 0 0 0 0 o S - $ - 0 0 0 0 0 0 0 - - - - $ - 0 2 4 0 0 4 2 12 437 637 131 $ 1,205.77 0 0 0 0 0 0 0 0 0 0 0$ - 0 0 0 0 0 0 0 0 0 0 0$ - 0 0 4 0 0 4 2 10 324 472 97 $ 893.80 $ 20,800.00 0 2 8 0 0 8 4 22 761 1,170 228 S 22,899.57 0 4 4 0 0 4 2 14 550 802 165 $ 1,517.73 0 2 0 8 0 8 0 18 629 917 189 $ 1,733.88 4 16 40 8 0 16 2 86 3,596 5,242 1,079 $ 9,916.11 0 8 16 8 0 4 2 38 1,553 2,265 466 $ 4,283.91 0 16 24 S 0 16 4 68 2,725 3,972 817 $ 7,514.34 4 8 4 24 0 16 4 60 2,281 3,326 684 $ 6,291.87 0 8 24 8 0 8 0 48 1,952 2,846 586 $ 5,383.45 2 4 8 16 0 8 0 38 1,484 2,164 445 $ 4,093.79 4 8 24 40 0 40 4 120 4,363 6,361 1,309 $ 12,033.61 0 0 4 0 0 8 0 12 395 576 118 $ 1,088.78 q g 12 12 0 24 8 68 2,502 3,648 751 $ 6,901.34 4 12 8 8 0 8 4 44 1,871 2,728 561 $ 5,160.73 $ 750.00 22 94 168 140 0 160 30 614 23,903 34,846 __ 7,171 E 66,669.53 City of Federal Way Page 2 of 6 KPG South 356th Street fa�14/2013 HOUR AND FEE ESTIMATE EXHIBIT E-1 Project: City of Federal Way �� South 356th Street Roadway Improvements + .a,�n�t�xU� + I.andsaapx Architecture Pacific Highway South to Enchanted Parkway � Civil En�inccriug • Task [ Work Element 8 - Environ _8.1 ECS / Documented CE 8.2 BA and EFH 8.3 Cultural Resources Inv� 8.4 Air Quality Analysis 8.5 Noise Analysis 8.6 Wetland Reconnaisance 8.7 Environmental --- Work Element 9 - Pri LBbOe'ii4uP EStit118t6 _ Proj Engr ' Cfsn engr _ Saniar Project Senior IA' LA> Survay aseription Engineer Nfanager Proj Surv Surveyor crew rech GI�dCel Dir�ct Ovqrhead Profit Ei $ 64:90 $ 56.56 $ 41.00 `$ 35.60 $ 5Q'.65 $ 28.85 $', 22.35 Hours Labor Gost 145.78% 30�0 nental 0 2 4 0 0 4 0 10 393 572 118 $ 0 0 2 0 0 4 0 6 197 288 59 $ >ti ation 0 2 0 0 0 4 0 6 229 333 69 $ 0 0 4 0 0 4 0 8 279 407 84 $ 0 0 4 0 0 4 0 8 279 407 84 $ _ 0 2 4 0 16 8 0 30 1,318 1,922 395 $ 0 0 2 0 0 2 0 4 140 204 42 $ - see breakdown for details g Task Total 0 6 20 0 16 30 0 72 2,835 4,133 851 � e Transfer Site Assessments 9.1 Corridor wide alignment screening 0 2 4 0 0 4 0 10 393 572 118 $ Reimbursable ex enses - see breakdown for details $ Task Total 0 2 4 0 0 4 0 10 393 572 118 $ Vork Element 10 - Communi and A enc Coordination 10.1 Agency Coordination meetings and minutes (2 mtgs) 0 6 4 0 0 4 3 17 686 1,000 206 $ 10.2 Utility coordination meetings (2 mtgs) 0 8 8 0 0 4 4 24 985 1,436 296 $ 10.3 Community meetings (1 mtg) 2 8 4 0 0 0 0 14 746 1,088 224 $ 10.4 Meeting exhibits and 2 one on one property owner mtgs 2 3 4 8 0 12 4 33 1,184 1,726 355 $ Reimbursable ex nses - see breakdown for details $ Task Total 4 25 20 8 0 20 11 88 3,601 5,250 1,080 ; Vork Element 11 - Ri ht of Wa Caiculations 11.1 Research Records 0 0 8 0 0 0 0 8 328 478 98 $ 11.2 Calculation for R/W 0 0 8 24 8 0 0 40 1,588 2,314 476 $ 11.3 Prepare and submit R/W Plans to WSDOT 0 0 16 24 0 0 0 40 1,510 2,202 453 $ 11.4 Prepare deed take I 11.5 Prepare easement I 11.6 Caiculate R/W for ri 11.7 Field locate pr Reimbursable als and exhibits (3 parcels) 0 2 24 0 0 0 0 26 1,097 1,599 329 $ �als and exhibits (3 parcels) 0 2 16 0 0 0 0 18 769 1,121 231 $ ts of entry (6) 0 0 0 6 0 0 0 6 214 311 64 $ and existin WW (3 arcels) 0 0 0 8 12 0 0 20 893 1,301 268 $ es - see breakdown for details $ Task Total 0 4 72 62 20 0 0 158 6,398 9,328 1,920 ' 2.7578 1,082.49 544.39 630.21 770.53 770.53 3,635.66 385.26 64,050.00 71,869.08 1,082.49 6,025.00 7,107.49 1,891.33 2,717.21 2,058.09 3,264.90 300.00 10,231.53 904.56 4,378.28 4,165.38 3,025.64 2,121.08 589.07 2,461.61 100.00 17.745.62 City of Federal Way Page 3 of 6 KPG South 356th Street 6/14/2013 HOUR AND FEE ESTIMATE EXHIBIT E-1 Project: City of Federal Way ��„�'" South 356th Street Roadway Improvements ♦ ArchitGCxure a L.andscape Arclticectur� Pacific Highway South to Enchanted Parkway ♦ Civi) Enginctsring s Task Deseription Work Element 12 - Right of Way Appraisals 12.1 Prepare Preliminary Funding Estimate (PFE) 12.2 Long form appraisals and appraisal reviews (3) Reimbursable expenses - see breakdown for details Task Totai Work Element 13 - Right of Way Negotiation 13.1 Review and Assemble Parcel Files 13.2 Secure ownership info for temp access rights 13.3 Acquisition / negotiation services (3 parcels) 13.4 Prepare parcel files 13.5 Negotiate with each owner 13.6 Submit completed file to City for payment and filing 13.7 Negotiate up to 3 rights of entries 13.8 Coordination of right of way activities/on line posting Reimbursable expenses - see breakdown for details Task Total City of Federal Way South 356th Street iaer Manager Ftoj Surv Starveyor crew Teeh Gierieal '' Dlrect Ovemeaq Nront tttec[ive muitrpuer 4:9Q $ 56.56 $, 41.00 $ 35.60 $ 5U:65 $ 28.85 $ 22.35 Mours Labor Cost 145.78°fo 30%0 2'.7578 i 4 0 0 0 0 4 8 316 460 95 $ 870.47 i 4 8 0 0 0 4 16 644 938 193 $ 1,775.03 $ 18,150.00 i 8 8 0 0 0 8 24 959 1,398 288 S 20,795.50 � 0 4 0 0 0 0 4 164 239 49 $ 452.28 i 0 0 0 0 0 0 0 0 0 0$ - i 4 8 0 0 0 0 12 554 808 166 $ 1,528.48 i 0 0 0 0 0 0 0 0 0 0$ - i 4 8 0 0 12 0 24 900 1,313 270 $ 2,483.23 I 8 0 0 0 0 0 8 452 660 136 $ 1,247.85 I 0 2 0 0 4 0 6 197 288 59 $ 544.39 I 8 0 0 0 0 8 16 631 920 189 $ 1,740.94 $ 25,000.00 1 24 22 0 0 16 8 70 2,900 4,227 870 $ 32,997.18 Page 4 of 6 KPG G/14/2013 HOUR AND FEE ESTIMATE EXHIBIT E-1 Project: City of Federai Way ��" South 356th Street Roadway Improvements �� A�i �i�� u� Pacific Highway South to Enchanted Parkway ♦ c�Y►r �,��,�r;,�� s Task pescription Work Element 14 - Final Design 14.1 Title/Index Sheet 14.2 Notes/Legends/Abbreviations sheet 14.4 Roadway typical sections 14.5 Paving details 14.6 Survey control plans 14.7 Site prep/TESC plans 14.8 Alignment, paving, and grading plans 14.9 Roadway Profiles 14.10 Private driveway plan and profiles 14.11 Channelization and signing plans 14.12 Drainage details 14.13 Drainage Plan and Profiles 14.14 Finalize TIR 14.15 Landscape and Irrigation Plans 14.16 Roadway illumination and electrical plans 14.17 Undergrounding coordination/utility standard plans 14.18 Joint Utility trench details 14.19 Retaining wall plans 14.20 Retaining wall profiles 14.21 Retaining wall details 14.22 85%, 100% QTO and cost opinions 14.23 85%, 100% Specifications Reimbursable expenses - see breakdown for details Task Total Work Element 15 - Plan Production 17.1 Assemble submittals for 85%, 100% PSE 17.2 Assemble Bid Documents and provide final printing Reimbursable expenses - see breakdown for details Task Total ' Labor Hour Estimate' i ocar res Proj Engr ' Dsn engr Senior Project Senior l.A ' tA Suroey Engineer Manager Ptpj Surv' SunreyOr cr�W Tech Glerieat Direct OVerfiead ' Profit EffeCtive multiplier $ 64i9Q $ 5&.56 $ 41.00 $ 35.fi0 $ 50.65 $ 2&.85 $ 22.35 Hours 'Labor Gost 145.78°k 30% 2.7578 0 0 0 0 0 8 0 8 231 336 69 $ 636.50 0 2 0 0 0 8 0 10 344 501 103 $ 948.46 0 0 4 8 0 12 0 24 795 1,159 239 $ 2,192.45 0 0 8 16 0 24 0 48 1,590 2,318 477 $ 4,384.90 0 0 0 8 0 4 0 12 400 583 120 $ 1,103.67 2 8 16 16 0 24 0 66 2,500 3,645 750 $ 6,895.27 2 16 24 40 0 40 0 122 4,597 6,701 1,379 $ 12,676.94 2 4 16 40 0 24 0 86 3,128 4,561 939 $ 8,627.61 0 4 8 0 0 16 0 28 1,016 1,481 305 $ 2,801.48 0 4 16 24 0 16 0 60 2,198 3,205 659 $ 6,062.31 4 8 40 16 0 24 0 92 3,614 5,269 1,084 $ 9,966.91 2 24 80 40 0 60 0 206 7,922 11,549 2,377 $ 21,847.95 2 16 24 0 0 8 8 58 2,428 3,540 729 $ 6,696.93 2 8 24 40 0 40 0 114 4,144 6,042 1,243 $ 11,429.10 2 16 24 40 0 80 0 162 5,751 8,383 1,725 $ 15,859.45 8 24 40 0 0 24 0 96 4,209 6,136 1,263 $ 11,607.69 0 4 8 16 0 24 0 52 1,816 2,648 545 $ 5,008.83 2 4 8 24 0 16 0 54 2,000 2,916 600 $ 5,515.71 0 4 12 40 0 24 0 80 2,835 4,132 850 $ 7,817.37 0 2 4 8 0 8 0 22 793 1,156 238 $ 2,186.16 2 4 8 24 0 24 0 62 2,231 3,252 669 $ 6,152.21 8 24 40 40 0 0 24 136 5,477 7,984 1,643 $ 15,104.58 $ 16,300.00 38 1T6 404 440 0 508 32 7,598 60,020 87,497 18,006 a 181,822.49 0 0 0 16 0 16 16 48 1,389 2,025 417 $ 3,830.03 0 4 4 16 0 16 8 48 1,600 2,333 480 $ 4,413.14 $ 8,500.00 0 4 4 32 0 32 24 86 2,889 4,35T 897 $ 16,743.17 City of Federal Way Page 5 of 6 KPG South 356th Street 6/14/2013 HOUR AND FEE ESTIMATE EXHIBIT E-1 Project: City of Federal Way ��, �� South 356th Street Roadway Improvements • ��h�c��=u� . [,antiacapc ArchiCeeSure Pacific Highway South to Enchanted Parkway ♦ c�vi� ��,�,n� . Task Description Work Element 16 - Assistance During Bidding 16.1 Prepare Addenda and respond to questions 16.2 Evaluate bids and prepare bid tabulation 16.3 Provide recommendation for award Reimbursable expenses - see breakdown for details Task Total �� Proj Engr Senipr f�roject Senior I.A Enginaer Manager Proj Surv $ 64:90 $ 56.56 $ d1.00 2 4 4 2 4 4 2 4 0 6 12 8 �ur �sumate focar ree �n engr' l.A Survsy mreyor Crew TeCh Cl�ri�f �ireet Overtiead Profit Effective multiplier 35.60' $ 5Q=65 $'28.85 $r 22.35 ' HourS LebOr Gost t45::78°fn 30°l0 2.7578 8 0 8 4 30 1,125 1,640 338 $ 3,102.64 0 0 0 2 12 565 823 169 $ 1,557.44 0 0 0 2 8 401 584 120 $ 1,105.16 $ 1,050.00 8 0 8 8 50 2.091 3.048 627 S 6.815.24 TOTAL HOURS AND TOTAL ESTIMATED FEE 123' 461 793 8�9 162 804 780 ' 3364 . 132623 193192 38757 $ 539,696.38 City of Federal Way Page 6 of 6 KPG South 356th Street 6✓14/2013 EXHIBIT E-1 HOUR AND FEE ESTIMATE Project: City of Federal Way South 356th Street Roadway Improvements Pacific Highway South to Enchanted Parkway Reimbursable Breakdown Work Element 1 - Pro �� ♦ .�rchitectw,t ♦ Laridxcape Architccture � Civi) Enginecr3ng i Task 1- Total a 100.00 Work Element 2 • Qualit Mneage � - Reproduction $ ' Task 2 - Total ; Work Element 3 - Aeriai Task 3 - Total G � 700.00 Work Element 5- Traffic Analysia Report Mileage $ - Reproduction $ " Task 5 - Total s Page 1 of 3 KPG City of Federal Way 6/14P2013 South 356th Street HOUR AND FEE ESTIMATE EXHIBIT E-1 Project: City of Federal Way South 356th Street Roadway Improvements Pacific Highway South to Enchanted Parkway Reimbursable Breakdown Work Element 6 - Geotechnical Work Element 7 - Work Element 8 - Environmental Task 6 - Total �� ♦ .Ar<:hitecture ♦ i.andscape Arohitesctiu�c ♦ C'ivil Engi»eering # Task 7 - Total ; 750.00 Task 8- Total S 64,050.00 Work Element 9- Properry Transfer Site Assessments Mileage $ - Reproduction $ 25.00 Widener - Corridor screening $ 6,000.00 Task 9- Totai s 6,025.00 Work Element 10 - and Agency Coordination _ _ Task 10 - Total S 300.00 City of Federal Way Page 2 of 3 KPG South 356th Street 6/14P2013 EXHIBIT E-1 HOUR AND FEE ESTIMATE Project: City of Federal Way South 356th Street Roadway improvements Pacific Highway South to Enchanted Parkway Reimbursable Breakdown �� ♦ Architecture ♦ I,ar»ciscapn Archiuxcturc � C'ivil i�nginee:ring * Work Element 12 - Right of Way Appraisals Mileage $ .50.00 Task 12 - Total S 75,750.00 Task 13 - Total i zo,uw.uu Work Element 15 - Plan Prodi Task 14 - Total i ier,sw.w - Task 17 - Total 5 8,500.00 Reimbursable Subtotal $ 164,225.00 Administrative fees on reimbursables (0%) $ ' TOTAL REIMBURSABLES 764,225.00 City of Federal Way Page 3 of 3 KPG South 356th Street 6/14/2013 EXHIBIT F i �Washington State Depar#ment of Transportation Paufa J. Hammond, P.E. Secretary of Transportation August 10, 2012 Susan Rowe KPG, Inc. 753 9th Ave N Seattle WA, 98109 Ret KPG, Inc. Overhead Schedule Fiscal Year End December 31, 2011 Dear Ms. Rowe: T�anspartation Buildinq 310 Maple Park Avenue S.E. P.O. Box 47300 Olympia, WA 98504-7300 ssa�o�-�000 TTY: 1-800-833-6388 www.wsdot.wa.gov We have completed a desk review of your overhead schedule for the above referenced fiscal year. Our review included the documentation provided by KPG, Inc. The reviewed data included, but was not limited to; the schedule of the indirect cost rate, a description of the company, basis of accounting and description of KPG, Inc. accounting system and the basis of indirect costs. Based on our work, we are issuing this letter of review establishing KPG, Inc. overhead rate for the fiscal year ending December 31, 2011 at 145.78°fo (rate includes Facilities Cost of Capital) of direct labor. Costs billed to actual agreements will still be subject to audit of actual costs. Please check with the WSDOT Consultant Services Office (HQ) ancUor the WSDOT Area Consultant Liaison to deternune when this reviewed rate will be applicable to your WSDOT agreenieiit(s}. Also, remember that when you provide next year's overhead schedule to our office, you will also need #o submit either your internally prepared Compensation Analysis for our review, or use the National Compensation Matrix (NC1V� format to prepare your alternate analysis and we wi11 review that. The NCM is a tool that esta.blishes compensation amounts presumed reasonable for certain executive positions. The Compensation Analysas and NCM are described further in the AASHTO Audit Guide, Chapter 7. We will need your Compensation Analysis, or alternative analysis based on use of the NCM, in order to complete our review of your overhead schedule. Ms. Rowe August 10, 2012 Page 2 If you, or any representatives of KPG, Inc. have any questions, please contact Martha Roach, Jeri Sivertson, or Steve McKerney at (360)705-7003. Sincerely, —y�Q�c;�.'' Martha S. Roach Agreement Compliance Audit Manager MR:ds Enclosures cc: Steve McKerney, Director of Internal Audit Jeri Sivertson, Assistant Director of Internal Audit Larry Schofield, MS 47323 File KPG, Inc. 2011 Overhead Schedule For FY Ending December 31st, 2011 Financial Statement Accepted Descri tion Amount KpG Adj. WSDOT Adj. Ref. Amount % Direct Labor Fringe Benefits: Vacation, Sick, & Holiday Payroll Taxes Health Insurance Workers' Comp. Insurance Holiday Bonus Profit Sharing (401-k) Total Fringe Benefits General Overhead: Indirect Labor Bid & Proposal Labor Accounting & Lega1 Automobile Bank Charge Donations Conferences Organizations Publications Employee Services Interest Licenses Meals IT - Computer TT - Telephone IT - Training Office Supplies Payroll Services Postage & Delivery Printing Recruiting Costs Rent Repairs & Maintenance Shareholder Buyout Survey Taxes & Insurance Travel Utilities Depreciation Tota! General Overhead Total Overhead Costs Overhead Rate (Less FCC) �2�$17,914 $3,600 Q $2,821,514 100.00% $556,434 252,650 131,345 466,347 19,953 6,100 (6,100) 73,279 $1374,762 $0 $125,245 $1,155,440 ($5,139) ($140,386) 318,208 31,829 (12,475) 8,400 90,792 (29,081) {28,118) 6 2,350 (2,350) 16,493 (2,680) 22,259 (78) 5,027 52,297 (52,297) 6,365 (6,365) 7,804 42,499 (42,499) 121,894 101,895 (1,055) 15,738 15,986 52,745 6,653 3,274 4,002 311 547,488 (270,210) (32,006} 60,173 94,086 (18,650) (75,436) 46,15Q 405,108 (20,968} 8,396 (8,396) 36,211 146,622 8$,959) $3,402,361 ($508,904) {$304,105 $4,777,123 {$508,904} ($178,860) 169.53% 151.47% PaoP 1 Q M A,N F, T B, O J D,J,L E P G H D,Q K, R G,S C H I $556,434 19.72% 383,995 13.61% 466,347 16.53% 19,953 0.71% 0 0.00% 73,279 2.60% $1,SOQ,Q07 53.16% $1,009,915 35.79% 318,208 11.28% 27,754 Q.98% 33,593 1.19% 6 0.00% 0 0.00% 13,813 0.49% 22,181 0.79% 5,027 0.18% (0) 0.00% 0 0.00% 7,804 0.28% 0 0.00% 121,894 4.32% 116,577 4.I3% 15,986 0.57% 52,745 1.87% 6,653 0.24% 3,274 0.12% 4,UO2 0.14% 311 0.01% 245,272 8.69% 60,173 2.13% 0 0.00% 46,150 1.64% 384,140 13.61% (0) 0.00% 36,211 128% 57,663 2.04% $2,589,352 91.77% $4,0$9,359 144.93% 144.93% KPG, Inc. 2011 Overhead Schedule For FY Ending December 31st, 2011 Financial Statement Accepted Description Amount KPG Adj. WSDOT Adj. Ref. Amount % Facilities Cost of Capital $23,756 0.84% $4,113,115 Overhead Rate (Includes FCG� KPG Corp - Reviewed & Accepted 8/10/2012, MJP "Overhead Rate stlll subfect to WSDOTAudit" References KPG Adjustments: Al Overtime premium unallowable $486 per 48 CFR 22.103-1, 22.103-4(g) A2 Severance pay unallowable $4,653 B Mixed use auto allowances 7 1/2 of $58,161 per 48 CFR 31.205-6 (m) (2) and 31.205-46 (d) C Key person life insurance unallowable $20,968 per 48 CFR 31.205-19(e)(2)(v). D1 Advertising unaliowable (1/2 page ad) $225 per CFR 31.205-1 D2 Advertising unallowable (yellow pages) $1,055 per CFR 31.205-1 E Lobbying unallowable $78 per CFR 31.205-22 F Tax preparation fees unallowable $12,475 per 48 CFR 31.205-41 (b) (1), 31.201-6 (a), S-Corp Gi Interest unallowable $6,365 per 48 CFR 31.205-20. G2 Interest unallowable $18,650 per 48 CFR 31.205-20. Hl Inadequate supporting documentation unallowable (meals) $42,499 H2 Inadequate supporting documentation unallowable (travel) $8,396 I AcceIerated depreciation unallowable $88,959 J1 Donations Unallowable $2,350 J2 Donations Unatlowable $56d 145.78°/. K Common Control Rent adjustment $270,210 L Entertainment unallowable (golfl $1,895 WSDOT Adjnstments: M Bonus is not performance based all employees revived $100 Holiday gift, 48 CFR 31.205-6 (fl, AASHTO Chp 7.12 N Two Employee's received $50,000 each of unallowable distributions, payment for Gym, $2,609 is unallowable 48 CFR 31.205-13 (c), medical payment already in fringe benefits $38,263,WSDOT overhead policy expired with OH's for 2009 (see ref A1) $486 now allowable. O Personal use of Auto's unallowable removed 63% of all Auto accounts, per mileage log provided by firm, 48 CFR 31.205-4b (d) P Entertainment, Gifts, Dinners and Gym membership is unallowable 48 CFR 31.205-13 (b), 31.205-14, Q Improper calculation, firm missed $15,738 indirect expense and $3,600 of direct labor, taxes in addition to FICA not expensed in the amount of $131,345 R$32,006 of sub-leased rent received, 48 CFR 31.201-5 S Organization cost of shareholder buyout is unallowable 48 CFR 31.205-6 (i) & 31.205-27 T WSDOT Overhead policy expired with 2009 Overhead, see Ref F, $8,400 tax Prep fee's allowable, $4,075 of S-Corp personal tax Prep still unallowable Pave � EXHIBIT G Subcontract Work/Fee Determination Landau Associates Work Element 6, Geotechnical investigation. Total Budget is $20,000 as shown in the Budget summary and Expenses sections of Exhibit E. Widener Work Elernent 8, Environmental. Total Budget is $64,000 as shown in the Budget summary and Expenses sections of Exhibit E. Certified Land Services Work Element 13, Negotiations and acquisitions. Total Budget is $24,700 as shown in the Budget suminary and Expenses sections of Exhibit E. Bright Engineering, Inc. Work Element 14, Moment slab barrier design and detailing Total Budget is $10,000 as shown in the Budget summary and Expenses sectioris of Exhibit E. Casne Engineering, Inc. Work Element 14, Electrical service design. Total Budget is $5,000 as shown in the Budget summary and Expenses sections of Exhibit E. �. �xxr��r �� Bright Engineering inc. Consulting Structural and Civil Engineerir �1809 7th Avenue, Suite 1100 � Seattle, Washington 98101-1851 ( phone: 206.625.3777 ( fax: 206.625.1851 � info@brightei � Client KPG Attn: Nelson Davis, PE address: 753 9th Avenue North Seattle, WA 98109 �ro)ea: Federal Wpy Street Improvements Job No.: �ate: May 2, 2013 �ocatton: Federal Way, WA BEI Ref. No.: 138.25 ESTIMATE OF LABOR AND EXPENSE Labor Project Shuctural DocumeM bor Descripflons Engineer Engineer CADD Processing Totcl I Design and details of Moment Slab Barrier and Barrier I I a mounted Luminaire Foundation 2 40 32 tal Labor Hours 2 40 32 74 3illing Rate $199.05 $169.18 $84.50 Labor Subtotals $398.10 $6,767.20 $2,704.00 $ 9,869.3 tal Labor Amount $ 9,869.3� House Expenses Mileage Submittal Vellum Plots Photocopies Check Prints UnN Unit Cost Qiy Miles $0.57 100 Sheet $8.00 Sheet $0.10 Sheet $1.00 30 Direct Cost Totals $56.50 $ 56.5 $ - $ - $30.00 $ 30.0 tal In-House Expense I � � � �$ 86.5 �tal Estimate of Labor 8 Expense $ 9,955.8� F..etimate nf l,ahnr and F,x»ence ��rig�t �ngineering, � June 7, 2013 KPG, Inc. Attn: Nelson Davis 753 9th Avenue North Seattle, WA 98109 nc. EXHIBIT G3 RE: Statement of Negotiated Rates KC Contract #E00269E 12 Federal Way Street Improvements Consulting Structural and Civil Engineering BEI# 13 8.25 This letter is to confirm that Bright Engineering, Inc. does not have an audited overhead rate and that we contract for services based on a negotiated hourly rate that includes direct salary, overhead and fee. The rates below are the lowest rates charged to our preferred customers, and are approved by King County for their projects. These rates are valid from the date of this letter until 12/31/2013. Classification Hourly Ra.te Project Manager $ 194.69 Senior Project Engineer $ 165.47 CADD $ 86.62 All travel beyond thirty (30) miles of our office will be billed per the Washington State Department of Transportation Travel Regulation. Travel and expenses will not be billed on this project. All sub- consultant costs and direct reimbursements will be at cost with no mark-ups. Sincerely, / � ; Ade Bright, PE, SE 1809 7'" Avenue, Suite 1100 I Seattie, WA 98101-1381 I phone: 206.625.3777 I fax: 206.625.1851 I info@brighteng.com CASNE ENGINEERING INC. Overhead Calculation DIRECT PROJECT LABOR DIRECT LABOR OVERHEAD VACATION HOLIDAYS SICK LEAVE PAYROLL TAXES MEDICAL INSURANCE INCENTIVE BONUSES BENEFIT PLAN CONTRIBUTION SUB-TOTAL DIRECT LABOR OH ADMiN. NON-PROJECT OVERHEAD ADVERTISING AUTO-OPERATING COSTS BAD DEBTS BANK CHARGES BENEFIT PLAN EXPENSE BUSINESS MEETING, MEALS CLIENT RELATIONS COMPUTER SERVICES/SUPPLIES CONTRIBUTIONS DEPRECIATION ENGR DRAFTING SUPPLIES EMPLOYEE EDUCATION EMPLOYEE RELATIONS ENTERTAINMENT EQUIPMENT LEASES EXCISE TAXES INSURANCE INTEREST LEGAL, ACCOUNTING LICENSE AND OTHER TAXES MARKETING OFFICE SUPPLIES & IMPROVEMENTS PERSONNELRECRUITMENT PHOTOGRAPHY PROFESSIONAL DUES AND LICENSES PROFESSIONAL SERVICES POSTAGE, DELIVERY PROMOTIONAL PUBLICATIONS, SUBSCRIPTIONS RENT REPAIRS, MAINTENANCE REPRODUCTION, PRINTING TEMPORARY SERVICES TELEPHONE/UTILITIES TRAINING TRAVEL-MEALS TRAVEL-MILEAGE, PARKING TRAVEL-FARES, LODGING SU&TOTAL G & A OVERHEAD EXHIBIT G3 2012 2012 Unallowed �st� 2,424,413.35 153,847.55 105,680.72 46,687.25 314,675.70 154,582.33 1,313,472.60 421,915.69 455,074.15 2,101.84 372.52 30,887.30 2,109.33 16,383.25 31,120.75 421.68 102,612.07 5,120.00 42,538.39 32,535.45 243.95 11,226.87 0.00 6,601.27 181,381.42 94,748.72 603.21 26,779.64 14,920.41 860.00 32,288.20 14,894.85 0.00 10,060.23 3,500.00 5,182.76 5,703.51 3,068.07 235,319.22 3,693.32 4,739.70 0.00 74,364.03 9,660.50 664.33 21,413.02 17,953.89 1,501,147.85 Reference Per FAR Section 31-20 Per FAR Section 31-20 Per FAR Section 31-20 Per FAR Section 31-20 Per FAR Section 31-20 Per FAR Section 31-20 Per FAR Section 31-20 Per FAR Section 31-20 {2,1n3.&3} Per FAR Section 31.20 Per FAR Section 31.20 (30,887.3Q) Per FAR Section 31.20 Per FAR Section 31-20 Per FAR Section 31-20 Per FAR Section 31-2� Per FAR Section 31-20 Per FAR Section 31.20 (5,120.00) Per FAR Section 31.20 Per FAR Section 31-20 Per FAR Section 31-2a Per FAR Section 31.20 Per FAR Section 31.20 0.00 Per FAR Section 31.20 Per FAR Section 31.20 Per FAR Section 31.20 Per FAR Section 31-20 {6Q3.21 } Per FAR Section 31.20 Per FAR Section 31.20 Per FAR Section 31.20 Per FAR Section 31.20 Per FAR Section 31-20 Per FAR Section 31.20 Per FAR Section 31-20 Per FAR Section 31.20 Per FAR Section 31.20 Per FAR Section 31.20 Per FAR Section 31.20 Per FAR Section 31.20 Per FAR Section 31.20 Per FAR Section 31.20 Per FAR Section 31-20 Per FAR Section 31.20 Per FAR Section 31.20 Per FAR Section 31.20 Per FAR Section 31.20 Per FAR Section 31.20 Per FAR Section 31.20 2012 2,424,413.35 153,847.55 105,680.72 46,687.25 314,675.70 154,582.33 1,313,472.60 421,915.69 2,510,861.84 455,074.15 0.00 372.52 0.00 2,109.33 16,383.25 31,120.75 421.68 102,612.07 0.00 42,538.39 32,535.45 243.95 11,226.87 0.00 6,601.27 181,381.42 94,748.72 0.00 26,779.64 14,920.41 860.00 32,288.20 14,894.85 0.00 10,060.23 3,500.00 5,182.76 5,703.51 3,068.07 235,319.22 3,693.32 4,739.70 0.00 74,364.03 9,660.50 664.33 21,413.02 17,953.89 1,501,147.85 TOTAL Direct Labor OH and G 4,012,009.69 DIRECT LABOR Direct Labor 2,424,413.35 OVERHEAD RATE LESS PROFIT Overhead rate 6,436,423.04 PROFIT Markup percent 10.00 TOTAL MULTIPLIER 1.0000 0.0635 0.0436 0.0193 0.1298 0.0638 0.5418 0.1740 1.0357 0.1877 0.0000 0.0002 0.0000 0.0009 0.0068 0.0128 0.0002 0.0423 0.0000 0.0175 0.0134 0.0001 0.0046 0.0000 0.0027 0.0748 0.0391 0.0000 0.0110 0.0062 0.0004 0.0133 0.0061 0.0000 0.0041 0.0014 0.0021 0.0024 0.0013 0.0971 0.0015 0.0020 0.0000 0.0307 0.0040 0.0003 0.0088 0.0074 0.6192 1.6548 1.0000 2.6548 0.2655 2.9203 Exhibit H Title VI Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the "REGiJLATIONS"), which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non-discrimination: The CONSULTANT, with regard to the work performed during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub-consultants, including procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. 3. Solicitations for Sub-consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be perfortned under a sub-contract, including procurement of materials or leases of equipment, each potential sub- consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by AGENCY, STATE or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSiJLTANT shall so certify to the AGENCY, STAT'E 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 CONSULTANT under the AGREEMENT until the CONSULTANT complies, andlor; Cancellation, termination, or suspension of the AGREEMENT, in whole or in part DOT Form 140-089 EF Exhibit H Revised 6/05 Exhibit I Payment Upon Termination of Agreement By the Agency Other Than for Fault of the Consultant (Refer to Agreement, Section IX) Lump Sum Contracts A fnal 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 CONSiJLTANT which when added to any payments previously made, shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total work required for the Project. In addition, the CONSULTANT shall be paid for any authorized e�ctra work completed. Specific Rates of Pay Contracts A final payment shall be made to the CONSiJLTANT for actual hours charged at the time of termination of this AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT. Cost Per Unit of Work Contracts A fnal payment shall be made to the CONSULTANT for actual units of work completed at the time of termination of this AGREEMENT. DOT Form 140-089 EF Exhibit 1 Revised 6/05 Exhibit J Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1— Potential Consultant Design Error(s) is Identifed by Agency's Project Manager At the frst indication of potential consultant design error(s), the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Highways and Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2- Project Manager pocuments the Alleged Consultant Design Error(s) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs, records of labor, materials and equipment. Step 3— Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manger and any personnel (including sub-consultants) deemed appropriate for the alleged design error(s) issue. Step 4— Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultant's alleged design error(s), there are three possible scenarios: It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place. The agency is to provide H&LP, through the Region DOT Form 140-089 EF Exhibit J Revised 6/OS Exhibit K Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1— Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2— Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step l, the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Highways and Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Highways and Local Programs (if applicable), and FHWA (if applicable) agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim. After the request has been approved, the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. DOT Form 140-089 EF Exhibit K Revised 6/05 M I hereby certify that I am Exhibit M-1(a) Certification Of Consultant t�r.-� �-{ f �� Project No. Local Agency and duly authorized representative of the frm of KPG, Inc. whose address is �'j S'�j C� � t� I� _� L�-Z�...t �-�' �- �� d i and that neither I nor the above firm I here represent has: (a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure the AGREEMENT; (b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or (c) Paid, or agreed to pay, to any iurn, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any); I acknowledge that this certificate is to be available to the Washington State Depa.rtment of Transportation and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. � � 22�' '�-o l 3 Date DOT Form 140-089 EF Exhibit M-1(a) Revised 6/05 � ` Signature Exhibit M-1(b} Certification Of Agency Official I hereby certify that I am the AGENCY Official of the Local Agency of City of Federal Way , Washington, and that the consulting firm or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: (a) Employ or retain, or agee to employ to retain, any firm or person; or (b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civiL ��v 3�2.�1� �—Date DOT Form 140-089 EF Exhibit M-1(b) Revised 6/05 CITY OF FEDERAL WAY � Skip Priest Mayor 33325 8�' Avenue S Federal Way, WA 98003-6325 Exhibit M-2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Covered Transactions The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; B. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or sta.te antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (I) (B). of this certification; and D. Have not within a three (3) year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. II. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Consultant (Firm): KPG, Inc. � 2.� � � �, � �- (Date) (Signature) President or Authorized Official of Consultant DOT Form 140-089 EF Exhibit M-2 Revised 6/05 Exhibit M-3 Certification Regarding The Restrictions of The use of Federal Funds for Lobbying The prospective participant certifes, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1.No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certifcation is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certifcation is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to fle the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Ttie prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Consultant (Firm): KpG, Inc. � /� 1 � � 3 (Date) DOT Form 140-089 EF Exhibit M-3 Revised 6lOS . (Signature) President or Authorized Official of Consultant Exhibit M-4 Certificate of Current Cost or Pricing Data This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section 15.401 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted, either actually or by specific identification in writing, to the contracting officer or to the contracting officer's representative in support of S'� Sio � S�, �(�,.� � d✓t�-+.�'C * are accurate, complete, and current as of I� �� ( Z,a i'y **. is certification includes the cost or pricing data supporting any advance agreements and forward pricing rate agreements between the offeror and the Government that are part of the proposaL Firm KPG, Inc. Name IV� `L'i� �� ✓ t J Title Q �- � •� �-� � h-�- Date of Execution* ** b��j �'►� �'� * Identify the proposal, quotation, request for price adjustment, or other submission involved, giving the appropriate identifying number (e.g., RFP No.). ** Insert the day, month, and year when price negotiations were concluded and price agreement was reached. *** Insert the day, month, and year of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. DOT Form 140-089 EF Exhibit M-4 Revised 6lOS