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AG 15-057RETURN TO: Fvv Ai* f N) EXT: V/00 1101 I CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / STREETS 2. ORIGINATING STAFF PERSON: CHRISTINE MULLEN EXT: X2723 3. DATE REQ. BY: 31 -MAR -2017 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 N CONTRACT AMENDMENT (AG #): 15 -057 ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME: 21ST AVE 3 PEDESTRIAN IMPROVEMENTS (3 316TH ST TO 3 320TH ST) 6. NAME OF CONTRACTOR: MACKAY + SPOSITO, INC. ADDRESS: 33400 8TH AVE 3, SUITE 130 FEDERAL WAY, WA 98003 TELEPHONE: (253) 205 -8702 E -MAIL: PSMITH @MACKAYSPOSITO.COM (PAUL SMITH, PROJECT MGR) FAx: WA SIGNATURE NAME: TIMOTHY SCHAUER TITLE: PRESIDENT 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS CFW LICENSE # 11- 105072 BL, EXP. 12/31/ 2017 UBI # 600- 130 -437 EXP. 05'31 /2017 8. TERM: COMMENCEMENT DATE: 27 -FEB -2015 COMPLETION DATE: 31- DEC -2017 (MODIFIED BY THIS SUPPLEMENT) 9. TOTAL COMPENSATION: $ 84,380.25 (NO CHANGE) (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: XI YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ 2285.00 IS SALES TAX OWED: ❑ YES X NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: N/A ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 306 -4400- 193 - 595 -30 -411 10. DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED «PROJECT MANAGER (�J1KY� 24 • fl .2.O1'4 �(� �( DIVISION MANAGER> XDEPUTYDIRECTOR 1 Ar DIRECTOR 312 tI_ ❑ RISK MANAGEMENT (IF APPLICABLE) JI 'LAW DEPT 31? 7/ 17 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: NSA COUNCIL APPROVAL DATE: WA 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: / -1 DATE REC'D: I I if0ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LI ENSE , EXHIBITS CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (INCLUDE DEPT. SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.) Ili., IAL / DATE SIGNED DEPT 1 f,AW IGNATORY (MAYOR GIR-B CT0R.) 4r� i' /r7/� ❑ CITY CLERK E I 1 C ❑ ASSIGNED AG # AG# [ 5--0 % G \IGNED COPY RETURNED DATE SENT: 041 -11 1 RETURN ONE ORIGINAL COMMENTS: EXECUTE "2 " ORIGINALS 3/2017 AG 15 -057 SUPPLEMENT NO. 3 CITY OF FEDERAL WAY LOCAL AGENCY STANDARD CONSULTANT AGREEMENT FOR 21ST AVE S PEDESTRIAN IMPROVEMENTS (S 316TH ST TO S 320TH ST) DESIGN SERVICES The local agency of the City of Federal Way desires to supplement the agreement entered into with MacKay & Sposito, Inc. effective the 27th day of February 2015, identified as Agreement No. AG 15 -057, and as modified by Supplement No. 1 dated the 14th of May, 2015 and by Supplement No. 2 dated the 29th of June, 2016. All provisions in the Agreement and previously executed supplements remain in effect except as expressly modified by this supplement. The changes to the Agreement are described as follows: Section IV, TIME FOR BEGINNING AND COMPLETION, shall be amended as follows: Completion date shall be changed to December 31, 2017. 11 Ratification: Any act done by either party, consistent with the authority of the Agreement after the previous expiration date and prior to the effective date of this Supplement, is hereby ratified as having been performed under the Agreement as it existed prior to this supplement. ST Signed this )/ day of MACKAY & SPOSITO, INC. By: Its: President 33400 8th Ave S, Suite 130 Federal Way, WA 98003 , 2017. CITY OF FEDERAL WAY By: Its: Mayor 33325 8th Ave S Federal Way, WA 98003 -Ow Ryan Call, City Attorney K: \STREETS \PROJECTS121st Ave S (S 316th St to S 320th St) \Design \Consultant Agreement\Contract - MacKay & Sposito \Supplement #3 \Supp #3 AG15.057.doc AG 15 -057 SUPPLEMENT NO. 3 CITY OF FEDERAL WAY LOCAL AGENCY STANDARD CONSULTANT AGREEMENT FOR 21ST AVE S PEDESTRIAN IMPROVEMENTS (S 316TH ST TO S 320TH ST) DESIGN SERVICES The local agency of the City of Federal Way desires to supplement the agreement entered into with MacKay & Sposito, Inc. effective the 27th day of February 2015, identified as Agreement No. AG 15 -057, and as modified by Supplement No. 1 dated the 14th of May, 2015 and by Supplement No. 2 dated the 29th of June, 2016. All provisions in the Agreement and previously executed supplements remain in effect except as expressly modified by this supplement. The changes to the Agreement are described as follows: Section IV, TIME FOR BEGINNING AND COMPLETION, shall be amended as follows: Completion date shall be changed to December 31, 2017. 11 Ratification: Any act done by either party, consistent with the authority of the Agreement after the previous expiration date and prior to the effective date of this Supplement, is hereby ratified as having been performed under the Agreement as it existed prior to this supplement. Signed this I day of , 2017. MACKAY & SPOSITO, INC. By: Its: President 33400 8th Ave S, Suite 130 Federal Way, WA 98003 CITY OF FEDERAL WAY By: errell 4 -14 _,/1 Its: Mayor 33325 8th Ave S Federal Way, WA 98003 APPROVED AS TO FORM: 4p( Ryan Call, City Attorney KISTREETSIPROJECTS121st Ave S (S 316th St to S 320th St) \Design \Consultant Agreement\Contract - MacKay & Sposito \Supplement #31Supp #3 AG15.057.doc MACKSPO -01 MROGERS ACORO CERT�rICATE OF LIABILITY INSURANCE �� DATE(MM /OD/YYYY) 7/21/2016 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 Davidson & Associates Insurance Agency, Inc. 610 Esther St Ste 101 Vancouver, WA 98660 CONTACT NAME: PHONE 360 514 -9550 FAX 3 (A/C, No, at): ( ) (A/c, No): ( 60) 514 -9551 Vol/ info @davidsoninsurance.com AD INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Travelers Indemnity Co of Conn INSURED Mackay Sposito dba: Mackay & Sposito Inc. Lisa Schauer 1325 SE Tech Center Dr Ste 140 Vancouver, WA 98683 INSURER B: Travelers Indemnity of America INSURER c : CNA INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 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 POLIC ES 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 SUBR INSD WVD POLICY NUMBER POLICY EFF (MM /DD/YYYY) POLICY EXP (MM /DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X CLAIMS -MADE X Business Owners OCCUR X WA Stop Gap -EL GE 'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO- JECT X OTHER:Employers Liab -Stop 6801465R248 05/31/2016 05/31/2017 EACH OCCURRENCE DAMAGE10 REN rED PREMISES (Ea occurrence) MED EXP (Any one person) 1,000,000 1,000,000 5,000 PERSONAL & ADV INJURY 1,000,000 GENERAL AGGREGATE PRODUCTS - COMP/OP AGG E.L. - Stop Gap $ 2,000,000 2,000,000 1,000,000 B AUTOMOBILE LIABILITY X X ANY AUTO ALL OWNED AUTOS HIRED AUTOS X X SCHEDULED AUTOS NON -OWNED AUTOS BA1519R231 05/31/2016 05/31/2017 COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) 1,000,000 BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) UMBRELLA UAB EXCESS UAB OCCUR CLAIMS -MADE DED RETENT ON $ EACH OCCURRENCE AGGREGATE 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 PER STATUTE OTH- ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT C C Professional Liab Professional Liab AEH591857778 AEH591857778 05/31/2016 05/31/2016 05/31/2017 05/31/2017 LIMIT POLLUTION 5,000,000 5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Additional insured wording does not apply to Professional Liability or Workers Comp. RE: 21st Avenue S. Pedestrian Improvements (S 316th St. to S 320th St.) City of Federal Way is additional insured when required by written contract and subject to policy provisions. Additional insured wording does not apply to Professional Liability. CERTIFICATE HOLDER CANCELLATION City of Federal Way 33325 8th Ave South Federal Way, WA 98003 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 © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD COIv■iv1ERCIAL 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 I1): 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 of your ongoing opera- tions; In connection with premises owned by or 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 Tess. This endorsement does not increase the limits of insurance stated in the LIMITS OF 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 LIABIu i Y 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 MAO(AY & SPOSITO. INC 081 Number 600130437 Category REG Profit /Nonprofit Profit Active /Inactive ACOve State 08 Incorporation WA WA Filing Date 05/27/1974 Expiration Date 05/31/2017 Inactive Date Duration Perpetual Agent Name UNI5EARCH, INC. Address 1780 BARNES BLVD SW City TUMWATER State WA ZIP 98512 Address City State Zip Governing Persons(asdefined in RCW23.95105(12)(Ntt V/ app. legwagwA iCW /stpdefautt.aspu?ote=2i95105)) Title Name Address Governor SCHAUER TIMOTHY M 325 SE TECH CENTER DRIVE SUITE 140 VANCOUVER. WA 98683 Governor SCHAUER. LISA 1325 TECH CENTER OR STE 140 VANCOUVER , WA 98683 Governor SMITH, 08801(1. 1325 TECH CENTER DR 5TE 140 VANCOUVER . WA 98683 Governor PAEENA • ROB 1325 SE TECH CENTER DRIVE SUITE 140 VANCOUVER, WA 98683 Online Permittin.. ACITY OF L.- Federal Way WASHINGTON INSIDE CITY HALL SERVICES DOING BUSINESS OUR COMMUNITY e- Permits HOME Terms & 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 ID 11 105072 000 00 BL Number Pre. 33400 Reference File Name Description PERMIT/BUSINESS DETAILS Sub Type Work Type Name Status Application Issue Date Expiration Date Date Business Business Professional MACKAY & SPOSITO, Open Dec 22, Jan 05, Dec 31, 2017 Registration Establishment Services INC , 2011 2012 Street 8TH PROPERTY DETAILS Street Dir Suite Suite City State Zip Type Type Number AVE 5 Unit 130 FEDERAL WAY WA 98003 Legal Desc PEOPLE DETAILS Desc. Org. Name Address City State Zip Phone# Applicant MACKAY & SPOSITO, INC 33400 8TH AVE 5 STE 130 VANCOUVER WA 98683 (253)205-8700 Business Owner MACKAY & SPOSITO, INC 33400 8TH AVE 5 STE 130 VANCOUVER WA 98683 (253)205 -8700 Business Owner 33400 8TH AVE 5 SUITE 130 FEDERAL WAY WA 98003 (360)904.5181 Mailing Address MACKAY & SPOSITO, INC 33400 8TH AVE S STE 130 VANCOUVER WA 98683 (253)205 -8700 BUSINESS INFO Info. Desc. Value Business Ownership Type Corporation S.I.C. Code 8710 - Engineering /Architectural & Survey Services Gambling on Premises? NO Gambling includes Card Games /Rooms? No Liquor Served on Premises? NO Liquor and <50% Dedicated Dining Area? No Number of Full -Time Employees in City 14 Business Phone Number 2532058700 Number of Part -Time Employees in City 0 Date Business To Start in FW Dec 15, 2011 PERMIT /LICENSE FEE(S) LIC- BUSINESS LIC. (1530) LIC -BUS. LICENSE RENEWAL (1532) LIC- PENALTY - BUSINESS LIC. (1590) LIC -BUS. LICENSE RENEWAL (1532) LIC -BUS. LICENSE RENEWAL (1532) LIC -BUS. LICENSE RENEWAL (1532) LIC -BUS. LICENSE RENEWAL (1532) Process Description Application Received - BL Application Routing Planning Review Renewal Notice Pre - Issuance Processing - 8L Renewal Processing Completed Fee Desc. PROCESSES AND NOTES Fee Amount Balance 575.00 550.00 55.00 $50.00 550.00 550.00 550.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 Status Schedule Date Start Date End Date Assigned Staff # of Attempts Closed Dec 22, 2011 Dec 22, 2011 Dec 22, 2011 Jeri-Lynn Clark (253 -835 -2526) 0 Closed Dec 22, 2011 Dec 22, 2011 Dec 22, 2011 Jeri -Lynn Clark (253- 835 -2526) 0 Closed Dec 22, 2011 Jan 05, 2012 Jan 05, 2012 Lee Bailey (253- 835 -2620) 0 Closed Oct 23, 2012 Jan 11, 2014 Jan 11, 2014 Debora Hall (253- 835 -2526) 0 Closed Jan 05, 2012 Jan 05, 2012 Jan 05, 2012 Jeri -Lynn Clark (253- 835 -2526) 0 Closed Feb 12, 2013 Jan 11, 2014 Jan 11, 2014 Debora Hall (253- 835 -2526) 0 Back Powered by CSDC's AMAN 1 e ©® Home 1 Print 1 Email 1 Contact Us 1 Employee Resotwces 1 Copyright Notices 1 Accessibility 1 Sitemap 1 Translate P"a 33325 8th Ave. South, Federal Way, WA 98003, 253- 835 -7000 1 Powered by CivicPlus ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DD/YYYY) 5/30/2017 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 Davidson & Associates Insurance Agency, Inc. 610 Esther St Ste 101 Vancouver WA 98660 INSURED MacKay Sposito 1325 SE Tech Center Dr Ste 140 Vancouver WA 98683 CONTACT NAME: Margaret Rogers PHONE 360 - 514 -9550 (A/C, No Est): E-MAIL _ADDRESS- mar g aret davidsoninsurance.com INSURER(S) AFFORDING COVERAGE FAX IA/C. No): NAIC U INSURER A : C NA INSURER B :Travelers Indemnity Company 25666 INSURER c :Phoenix Insurance Company INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 107889664 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 -A TYPE OF INSURANCE DfL INSD SUBR W VD POLICY NUMBER POLICY EFF (MM /DD /YYYY) POLICY EXP (MMIDD/YYYY) LIMITS B X COMMERCIAL GENERAL LIABILITY 6801J317949 5/31/2017 12/31/2017 EACH OCCURRENCE $1,000,000 CLAIMS -MADE r X ( OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $300,000 X Business Owners MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 X POLICY I PRO- JECT LOC PRODUCTS - COMP /OP AGG $2,000,000 OTHER: $ C AUTOMOBILE LIABILITY BA1519R231 5/31/2017 12/31/2017 (Ea aocideDISINGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY (Per person) $ AUTOS HIRED AUTOS AWNED CHEDULED NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ � i STATUTE I X I ERH $ WA STOP GAP B WORKERS COMPENSATION N / A CUPOG804100 5/31/2017 12/31/2017 AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER /EXECUTIVE OFFICER /MEMBER EXCLUDED? (Mandatory in NH) Y / N J E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 A PROFESSIONAL LIAB AEH591857778 _ 5/31/2017 5/31/2018 PER CLAIM /AGG 5,000,000 POLLUTION INCLUDED DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Additional insured wording does not apply to Professional Liability or Workers Comp. RE: 21st Avenue S. Pedestrian Improvements (S 316th St. to S 320th St.) City of Federal Way is additional insured when required by written contract and subject to policy provisions. Additional insured wording does not apply to Professional Liability. CERTIFICATE HOLDER CANCELLATION City of Federal Way 33325 8th Ave South Federal Way WA 98003 USA I 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 EPRESENTATIVE . 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- dude 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 of your ongoing opera- tions; In connection with rented to you; or In connection with "your work" and included within the "products- completed operations hazard ". premises owned by or 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 CG D3 81 0907 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 Coy- 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 RETURN TO: ' Y Y min • EXT: '2i "{ Zg CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / 541' Ce"fe 2. ORIGINATING STAFF PERSON: ` I i3-6n . M t.LUe 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 ❑ CONTRACT AMENDMENT (AG #): 155.05-] • OTHER Stipp \';IYner * a EXT: X 27 2. 3 3. DATE REQ. BY: Co • a O • 1(D ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ MAINTENANCE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ RESOLUTION ❑ INTERLOCAL 5. PROJECT NAME: 215+ ANZ 5 'Pede5fY1Qn lf1'ipro ie.1'1'1P 5 (5 31 +h 5± 'to 3 S9.0 6. NAME OF CONTRACTOR: (flOG Spoil -to , ADDRESS: 3•` 100 34" Ave. �S' -, 5u c 130 ria l (Om, WA `1ROO E -MAIL: pnrnt44 ? IMQ0Karc: -1-D. cOm SIGNATURE NAME: -11 (r\ 41V 5delaLlFtY- TELEPHONE: (25•) 205.8"702 FAX: t-.1I A TITLE: 'PrG \der*. 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 # BL, EXP. 12/31/ UBI # , EXP. / / 8. TERM: COMMENCEMENT DATE: 2. • 21. 20 15 COMPLETION DATE: k-D • 30 • 2-01-1 9. TOTAL COMPENSATION: $ 81{, 380.2.5 03,595 •25 4- 3 n.00) (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: is YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ 2- 1 28 5.00 IS SALES TAX OWED: ❑ YES • NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: of • 44CO 193 55 5 - 30. 411 10. DOCUMENT / CONTRACT REVIEW PROJECT MANAGER DIVISION MANAGER DEPUTY DIRECTOR )QDIRECTOR o RISK MANAGEMENT (IF APPLICABLE) XLAW DEPT 11. COUNCIL APPROVAL (IF APPLICABLE) INITIAL / DATE REVIEWED INITIAL / DATE APPROVED COMMITTEE APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING IAal I SENT TO VENDOR/CONTRACTOR DATE SENT: l L l ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS I TIAL / DATE SIGNED .,LAW DEPT CHIEF OF STAFF SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ASSIGNED AG # SIGNED COPY RETURNED RETURN ONE ORIGINAL COMMENTS: EXECUTE "2. ORIGINALS =', /d'/ '4 AG 15-051' Q DATE SENT: 7.5.OI0 ANL COUNCIL APPROVAL DATE: DATEREC'D: (42-6 ✓ * a 1nn:■►o' co . 1/15 • • AG 15 -057 SUPPLEMENT NO. 2 CITY OF FEDERAL WAY LOCAL AGENCY STANDARD CONSULTANT AGREEMENT FOR 21ST AVE S PEDESTRIAN IMPROVEMENTS (S 316TH ST TO S 320TH ST) DESIGN SERVICES The local agency of the City of Federal Way desires to supplement the agreement entered into with MacKay & Sposito, Inc. effective the 27th day of February 2015, identified as Agreement No. AG 15 -057, and as modified by Supplement No. 1 dated the 14th of May, 2015. All provisions in the Agreement and previously executed supplements remain in effect except as expressly modified by this supplement. The changes to the Agreement are described as follows: Section II, SCOPE OF WORK, shall be amended as follows: Complete review of NWCC Center Plaza, LLC's independent appraisal. 11 Section IV, TIME FOR BEGINNING AND COMPLETION, shall be amended as follows: Completion date shall be changed to June 30, 2017. III Section V, PAYMENT, shall be amended as follows: Payment for reimbursables shall be amended in the amount of $785.00. The revised total contract amount shall be $84,380.25. IV Ratification: Any act done by either party, consistent with the authority of the Agreement after the previous expiration date and prior to the effective date of this Supplement, is hereby ratified as having been performed under the Agreement as it existed prior to this supplement. Signed this day of d7 .' , 2016. MACKAY & SPOSITO, INC. CITY OF FEDERAL WAY President 33400 8th Ave S, Suite 130 Federal Way, WA 98003 By: O." fm ' errell Its: Mayor 33325 8th Ave S Federal Way, WA 98003 APPROVED AS TO FORM: -61Amy Jo Pearsall, City Attorney K: \STREETS \PROJECTS121st Ave S (S 316th St to S 320th St) Pedestrian Improvements \Design \Consultant Agreement \Contract - MacKay & Sposito \Supplement #2 \Supp #2 AG15.057.doc RETURN TO: 5/„ n , , -O /j, EXT: 2�7U3 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIv: PUBLIC WORKS / Streets 2. ORIGINATING STAFF PERSON: C Vk r StE A e MI tl Le V1. EXT: X2 � 3. DATE REQ. BY: 4-2-37-2015 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 El �/ El CONTRACT AMENDMENT (AG #): { 1 O ! ❑ X OTHER SI C�LP.WLP.V t SMALL OR LIMITED PUBLIC WORKS CONTRACT MAINTENANCE AGREEMENT HUMAN SERVICES / CDBG SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) RESOLUTION INTERLOCAL 5. PROJECT NAME: 21St Ve- S T>eCieSt4'I2A, IWL14vnye, VliL2V�'tS (s otk st t0 S 320tk St) 6. NAME OF ADDRESS: SIGNATURE N TELEPHONE: FAX: TITLE: PreSEOC E l.t 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION Cl INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS CFW LICENSE # I1— I DO072 BL, EXP. 12/31 /-L5 UBI # tPW 13P #3% , EXP. -�57/3 L/ 15 8. TERM: COMMENCEMENT DATE: -� -2015 . =,5�, � ��s�N (.cwt(5- COMPLETION DATE: 0 -30 -2010 (V1.0 C 2 AO'e) 9. TOTAL COMPENSATION: $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: XYES Cl NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES X NO IF YES, ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT/ CONTRACT REVIEW 9 PROJECT MANAGER DIVISION MANAGER QQ DEPUTY DIRECTOR QT DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) V-LAW DEPT 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: V1. /G2 12. CONTRACT SIGNATURE ROUTING l )(SENT TO VENDOR/CONTRACTOR DATE SENT: `TI,I, y bs ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS INITIAL/ DATE SIGNED 5121 )(LAW DEPT # 5/; a/I f ❑ CHIEF OF STAFF ,512'�j >( SIGNATORY (MAYnR U DIRECTOR) e_- S SSIGNED AG # AN" N J,�7- 0 !J "% C Al IGNED COPY RETURNED DATE SENT: Cow IS- XRETURN QtC- ORIGINAL COMMENTS: --No EXECUTE ORIGINALS PAID BY: ❑ CONTRACTOR ❑ CITY INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: o'/2 DATE REC'D: 6 12-0 ) J 1/15 SUPPLEMENT NO. 1 CITY OF FEDERAL WAY LOCAL AGENCY STANDARD CONSULTANT AGREEMENT FOR 21ST AVE S PEDESTRIAN IMPROVEMENTS (S 316TH ST TO S 320TH ST) DESIGN SERVICES The local agency of the City of Federal Way desires to supplement the agreement entered into with MacKay & Sposito, Inc. effective the 27th day of February 2015, identified as Agreement No. 15 -057. 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 I, Scope of Work, shall be amended to add the scope of services as identified on the attached Exhibit A -2 Scope of Work, City of Federal Way, Town Square Park Frontage Topographic Survey. 11 Section IV, Time for Beainning and Completion, shall not be changed. III Section V, Payment, shall be amended in the amount of $2,938.34 as identified on the Attached Exhibit D -1. The revised total contract amount shall be $83,595.25. IV Ratification. Any act done by either party consistent with the authority of the Agreement after the previous expiration date and prior to the effective date of this Supplement, is hereby ratified as having been performed under the Agreement as it existed prior to this supplement. Signed this day of '2015. MACKAY & SPOSITO, INC. CITY OF FEDERAL WAY By: By: imothy Scha Ferrell Its: President 334008 1h Ave S, Suite 130 Federal Way, WA 98003 Its: Mayor 33325 8th Ave S Federal Way, WA 98003 APPROVED AS TO FORM: -('Or Amy Jo Pearsall, City Attorney K: \STRFiF's'I'S \PROJECTS \21st Ave S (S 316th St to S 320th St) Pedestrian Improvements \Design \Consultant Agreement \Contract - MacKay & Sposito \Supplement #1 \Supplement #1 - 21st Ave S Pedestrian Improvements.doc FEDERAL WAY OFFICE 2 > 100 8th A erne S,uth, Suito: 130 • Feaeral Way. '*A 98603 EXHIBIT A -2 City of Federal Way Town Square Park Frontage Topographic Survey MacKay Sposito, Inc. Scope of Work March 23, 2015 Purpose The purpose is to produce a topographic survey of the north and west frontage of the City of Federal Way Town Square Park. Existing Conditions The existing condition is public roadway with curb, gutter, sidewalk and landscaping. Along S 316th St and the north -110' of 20th Ave S frontage there is a wall - 20 -25' from the curb. Proposed Improvements • No improvements proposed. Assumptions • The local agency governing this project is: City of Federal Way. • There will be no Right of Way acquisition services included in this supplement. 11/OR C' °ELi= j191ENT:35 AD<Q T1QNAL T01' 3 R PHIC SURVJ Y 15.1 PROJECT MANAGEMENT 15.1.1 Project set -up & execute agreement. 15.1.2 Record keeping & project closeout. 15.1.3 Project staff management & coordination. 15.1.4 Schedule & budget monitoring. 15.2 MAPPING 15.2.1 Conduct a Topographic survey along: (1) 20th Ave S on the east side of the road, December 5, 2014 Page 2 from the curb either to the top of wall, or 25' from the curb where there is no wall, between the north entrance to the Cratsenberg property and the S 316th St; and (2) Along S 316th St the topographic survey will be on the south side of the road, from the back of curb to the top of wall, between 20th Ave S to 21st Ave S. 15.2.2 The features to be located shall include, but not limited to, curb and gutter, walls, landscape areas, existing underground and overhead utilities (i.e., water, storm, sewer, communications, gas, power), the nearest upstream or downstream drainage structure from any storm or sewer drainage structure found within the limits of the area of the topographic survey. 15.2.3 The topographic survey will be shot to an accuracy that will support contours at V intervals. 15.2.4 The Vertical datum to be used will be NAVD 88 and will be established using existing recorded monuments nearest to the site through use of City, County or WSDOT records. 15.2.5 The Horizontal to be used will be NAD 83/91 and will be established using existing recorded monuments nearest to the site through use of City, County or WSDOT records. 15.2.6 For the location of the existing underground utilities an underground utility locating service will be engaged to provide surface marking of the underground utilities. End Scope and Fee Proposal City of Federal Way MacKay Sposito, Inc. 21St Avenue S. Pedestrian Improvements H m_ is W fl d i Gi a N f0 u to X ii. Q 3 J d Gl W Oat . N w Ln Ln M M 10 O1 V1 cl C N y} h N � � G 7 C d £ ;� 23 CL C H c O v m N i N N L C u% M �O a farl M L L p1 O1. Of ti a 1N N rl N N N NY 9 D G Q N N L L N N ¢ a aC L z 3 ? W a F 8 N L N L N N N O z d C. n W g t °o O U h t o Ifl C G a � N tm/T C. a ,V Y p A W ? L o d L C g I � � � � 7 3 r 1 C Q1 a L o n L L L L ID I O v m i .ti N N N 1 s � � 4 �+ ♦L ) O ` O W LA Z CW W J } W Ly C O ° H m 3 V r W H Q a W v w o U d0 t- O Oa�uo Q) 3 rY O U x d E E H 2 v ~ Gv � c my °° Z a v J Q w O v m ro no ro ro a tw Z a ° 7 `� v C¢C ° C. O r Y ro C ro d G Oa Y O F, Ln in vYi V) c m Q P a z a v')i F u O � H N cm .r N N Y LA N H 1; N N eV yl � rl ^ Y1 LA LA ui Y1 IA ~ Yf ei Y1 N Oat . N w Ln Ln M M 10 O1 V1 cl C N y} h N � � G 7 C d £ ;� 23 CL C H c O v Corporations: Registration Detail Page 1 of 1 MACKAY &SPOW0.INC. UBI Number 600130437 Category REG Profit/Nonprofit Profit Active /Inactive Active State Of Incorporation WA WA Filing Date 05/27/1974 Expiration Date 05/31/2015 Inactive Date President Duration Perpetual Registered Agent Information Agent Name AW WASHINGTON SERVICES INC Address 601 UNION ST STE 1501 city SEATTLE State WA ZIP 98101 Special Address Information Address city State Zip Gavwning Persons Title Name Address Director COLE , BRYAN 1325 TECH CENTER DR STE 140 VANCOUVER, WA 98683 Director DIAZ, HENRY 1325 TECH CENTER DR STE 140 VANCOUVER, WA 98683 President SCHAUER , TIMOTHY 1325 TECH CENTER DR STE 140 VANCOUVER, WA 98683 Secretary, Director SCHAUER, LISA 1325 TECH CENTER DR STE 140 VANCOUVER, WA 98683 Treasurer, Chairman SCHAUER , TIMOTHY 1325 TECH CENTER DR SUITE 140 VANCOUVER, WA 98683 Vice President, Director SMITH, DERRICK 1325 TECH CENTER DR STE 140 VANCOUVER, WA 98683 http: / /www.sos.wa.gov/ corps /search _ detail.aspx ?ubi = 600130437 4/24/2015 CSDC eNtraprise - City of Federal Way's Online Services Federal Way wasH1N � Page 1 of 1 M DA http: / /epermits .cityoffederalway.com /AMANDA5 /eNtraprise /Federal W ay /public /public_£ .. 4/24/2015 Online Permitting PERMIT /BUSINESS DETAILS e— Permits HOME Reference File ID Description Sub Type Work Type Name Application Expiration Status Issue Date Name Date Date • Terms & Conditions 11 105072 000 00 Business Business Professional MACKAY & SPOSITO, open Dec 22 Jan 5, Dec 31, 2015 , 2011 BL Registration Establishment Services INC 2012 PUBLIC PROPERTY DETAILS INFORMATION Number Pre. Street Street Dir Suite Suite City State Zip Legal Desc Type Type Number • Locate a Business 33400 8TH AVE 5 Unit 130 FEDERAL WAY WA 98003 • Permits Information PEOPLE DETAILS Desc. Org. Name Address City State Zip Phone# • Issued Permits Applicant MACKAY & SPOSITO, INC 33400 8TH AVE S STE 130 VANCOUVER WA 98683 1253)205.8700 Business Owner. MACKAY ri SPOSITO, INC 33400 8TH AVE S STE 130 VANCOUVER WA 98683 (253)205.8700 • Contractor Search Business Owner 33400 8TH AVE S SUITE 130 FEDERAL WAY WA 98003 (360)904.5181 Mailing Address MACKAY & SPOSITO, INC 33400 8TH AVE S STE 130 VANCOUVER WA 98683 (253)205.8700 REGISTERED USERS BUSINESS INFO Info. Desc. Value ■ AWIV for Permit Business Ownership Type Corporation S.I.C. Code 8710 - Engineering /Architectural & Survey Services • View My Permits Gambling on Premises? NO Gambling includes Card Games /Rooms? No • Request Inspection Liquor Served on Premises? NO Liquor and <50% Dedicated Dining Area? No • New Registration Number of Full -Time Employees in City 7 Business Phone Number 2532058700 • Update Registration Number of Part -Time Employees in City 1 Date Business To Start in FW Dec 15, 2011 • Login PERMIT /LICENSE FEE(S) Fee Desc. Fee Amount Balance LIC- BUSINESS LIC.(1530) $75.00 $0.00 LIC -BUS. LICENSE RENEWAL (1532) $50.00 $0.00 LIC - PENALTY- BUSINESS LIC.(1590) $5.00 $0.00 LIC -BUS. LICENSE RENEWAL (1532) $50.00 $0.00 LIC -BUS. LICENSE RENEWAL (1532) $50.00 $0.00 PROCESSES AND NOTES Process Description Status Schedule Date Start Date End Date Assigned Staff Attempts Application Received - BL Closed Dec 22, 2011 Dec 22, 2011 Dec 22, 2011 Jeri -Lynn Clark (253 -835 -2526) 0 Application Routing Closed Dec 22, 2011 Dec 22, 2011 Dec 22, 2011 Jeri -Lynn Clark (253- 835 -2526) 0 Planning Review Closed Dec 22, 2011 Jan 5, 2012 Jan 5, 2012 Lee Bailey (253 - 835 -2620) 0 Renewal Notice Closed Oct 23, 2012 Jan 11, 2014 Jan 11, 2014 Debora Hall (253- 835 -2526) 0 Pre- Issuance Processing - BL Closed Jan 5, 2012 Jan 5, 2012 Jan 5, 2012 Jeri -Lynn Clark (253- 835 -2526) 0 Renewal Processing Completed Closed Feb 12, 2013 Jan 11, 2014 Jan 11, 2014 Debora Hall (253- 835.2526) 0 M DA http: / /epermits .cityoffederalway.com /AMANDA5 /eNtraprise /Federal W ay /public /public_£ .. 4/24/2015 OP ID: MA ,aco�ro CERTIFICATE OF LIABILITY INSURANCE `..�i DATE(MM /DD/YYYY) 02/17/2015 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 Davidson & Assoc Insurance 610 Esther St Ste 101 Vancouver, WA 98660 Tony Johnson CONTACT NAME: (A/C. NNO Ext : FAX A/C No E -MAIL PRODUCER CUSTOMER ID #: MACKA -1 INSURER(S) AFFORDING COVERAGE NAIC # INSURED Mackay Sposito INSURE I A: Travelers Indemnity Company 25666 dba: Mackay & Sposito Inc. Tim Schauer INSURER B: CNA X COMMERCIAL GENERAL LIABILITY X 1325 SE Tech Center Dr Ste140 INSURER C : 05131/2015 PREMISES Ea occurrence $ 300,00 Vancouver, WA 98683 INSURERD: INSURER E: INSURER F: rnvcoer_ce r_Ga-rlFlreTF w IMRFr7• 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 I LTR TYPE OF INSURANCE = UBR POLICY NUMBER /YYYY I MMIDDY (MM/DD/YYYYl LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 • X COMMERCIAL GENERAL LIABILITY X 6801465R248 05/31/2014 05131/2015 PREMISES Ea occurrence $ 300,00 MED EXP (Any one person) $ 5,00 CLAIMS -MADE a OCCUR PERSONAL & ADV INJURY $ 1,000,00 X OCP 680146SR248 0513112014 0513112015 6801465R248 0513112014 05/3112015 X STOP GAP - WA GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,00 Stop Gap $ 1,000,00 J.rT F-1 POLICY X PRO- LOC • AUTOMOBILE X LIABILITY ANY AUTO BA1619R231 05/31/2014 0513112015 COMBINED SINGLE LIMIT $ 1,000,00 BODILY Y INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ X X SCHEDULED AUTOS HIRED AUTOS i PROPERTY DAMAGE (PER ACCIDENT) $ _ _ Comp ded $ 50 X NON -OWNED AUTOS Coll ded $ 50 X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 5,000,00 _ AGGREGATE - $ 5,000,00 A EXCESS LIAB CLAIMS -MADE CUP002275R997 05/31/2014 05/31/2015 -- DEDUCTIBLE FLLW FORM $ INCLUDE - $ X RETENTION $ None A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER /EXECUTIVE Y� OFFICER/MEMBER EXCLUDED? (Mandatory in NH) NIA UB3496T449 OR/UT /ID 05131/2014 05/3112015 X WC STATU- OTH- TORY IMIT ER E.L. EACH ACCIDENT $ 1,000,00 _ _ E.L. DISEASE - EA EMPLOYEE _ $ 1,000,00 I E.L. DISEASE - POLICY LIMIT $ 1,000,00 If yes, describe under DESCRIPTION OF OPERATIONS below B PROFESSIONAL LIAB A 05131/2014 05131/2015 PL LIMIT 3,000,00 B POLLUTION AEH591857778 05/31/2014 05/31/2016 'POLLUTION INCLUDE DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: 21st Avenu S. Pedestrian Improvements (S 316th St. to S 320th St.) City of Federal ay is additional insured when required by written contract and sub ect to policy provisions. Additional insured wording does not apply to ProfelSsiona�Liability. r^COTICtf ATC WrIl ncc rANrFI I ATInN CITYOFF SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Federal Way tY y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 33326 8th Ave South Federal Way, WA 98003 AUTHORIZED REPRESENTATIVE ©1988 -2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD r RETURN TO: •-pw n _,. in EXT: (9-)go CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS f/,Sreek-S• 2. ORIGINATING STAFF PERSON: ( h Y1S t{6e, MU.1 ley(1 EXT: K 2-1 2 3 3. DATE REQ.BY: 1 - L5 4. TYPE OF DOCUMENT(CHECK ONE): p -if ❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) t°41 C4 1 .' ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT(AG#): ❑ INTERLOCAL IX,OTHER COnU,t+a,n PC reP,h'1exr€ 5. PROJECT NAME: 2154 Ave S edeS 1'Y10„ kr-y-yp�15ver rxt (531(o-kk 5f -b s 20th 50 6. NAME OF CONTRACTOR:1 ,fir n a,G i0)n j chO} �■ • ADDRESS: 39' oo 8''s Ave S. ,9 tkr I-50 ,fvv, WA. 618003 TELEPHONE:253-205-8700 E-MAIL: p5YY11 .1naCY.01spOS1'b.corn FAX: SIGNATURE NAME: -T1mQ- '111 )(�' ue,4" TITLE: Prelde(1t 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# BL,EXP. 12/31/ UBI# ,EXP. / / 8. TERM: COMMENCEMENT DATE: COMPLETION DATE: �1 - 30 -20 tic 9. TOTAL COMPENSATION:$ 801 to p,• .J. (INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: gYES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: $ 11 D •.00 IS SALES TAX OWED: ❑YES ,IgNO IF YES,$ PAID BY: ❑CONTRACTOR ❑CITY ❑ PURCHASING: PLEASE CHARGE To: 10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED ❑ PROJECT MANAGER 1.15.155 • DIVISION MANAGER t,„ / V1 mt DEPUTY DIRECTOR __At--/ 1i•C 6d DIRECTOR —741 2 //S---- ❑ RISK MANAGEMENT (IF APPLICABLE) X LAW DEPT f{7 �'/A i AW4 11. COUNCIL APPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE: k 1k COUNCIL APPROVAL DATE: 01A 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: Li f I IS DATE REC'D: a i 11/15 ❑ ATTACH: SIGNATURE AUTHORITY,INSURANCE CERTIFICATE,LICENSES,EXHIBITS I,A IAL/DATE SIGNED CLAW DEPT '-7 -- /d 77 I 7(CHIEF OF ST• � MPg.• Entkrne SIGNATORY(' AYO' OR DIRECTOR) 4 y 411 vim/ CITY CLERK 42 ��/N�� , d .1. �`�• Gi\ASSIGNED AG# AG• !►ls KSIGNED COPY RETURNED DATE SENT: 0 E RETURN ONE ORIGINAL COMMENTS: EXECUTE "ORIGINALS * P- PP', Cool 1 o 4' •qO • • A., fin/• A , - . , i / # , A.i - . •• I 1 ffirffidEi i /"e A.' + 'D a V & ie&4 0 11/9 • A iee colnkfaC cif �4-i 'e 4Ik,vudk 00 Page (0 . Cd (I -le e�1'srut f 3 5`i I Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Agreement Number: AG 15-_Q_5 Firm/Organization Legal Name (do not use dba's): MacKay& Sposito, Inc. Address Remit to Address 33400 8th Ave S, Suite 130; Federal Way, WA 98003 33400 8th Ave S, Suite 130; Federal Way,WA 98003 UBI Number Federal TIN or SSN Number Execution Date Completion Date June 30, 2016 1099 Form Required Federal Participation Yes rin No 111 Yes N No Description of Work 21ST AVE S PEDESTRIAN IMPROVEMENTS (S316TH ST TO S320TH ST) Provide design and right-of-way acquisition services for pedestrian improvements on 21st Ave S from S 316th Street to just north of S 320th Street. Yes ri No DBE Participation Total Amount Authorized: $80,656.91 Yes El No MBE Participation Management Reserve Fund: $0 DI Yes FA No WBE Participation Yes No SBE Participation Maximum Amount Payable: $80,656.91 Index of Exhibits Exhibit A Scope of Work Exhibit B DBE Participation Exhibit C Preparation and Delivery of Electronic Engineering and Other Data Exhibit D Prime Consultant Cost Computations Exhibit E Sub-consultant Cost Computations Exhibit F Title VI Assurances Exhibit G Certification Documents Exhibit fl Liability Itistuanc\, Inercasc Exhibit I Alleged Consultant Design Error Procedures Exhibit J Consultant Claim Procedures Agreement Number: AG 15-—— Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 1 of 14 ae„icari lnioni9n+e THIS AGREEMENT, made and entered into as shown in the "Execution Date"box on page one (1) of this AGREEMENT, between the City of Federal Way hereinafter called the "AGENCY," and the "Firm/ Organization Name" referenced on page one(1) of this AGREEMENT, hereinafter called the "CONSULTANT." WHEREAS, the AGENCY desires to accomplish the work referenced in "Description of Work" on page one (1) of this AGREEMENT and hereafter called the "SERVICES;" and does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary SERVICES; and WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish consulting services to the AGENCY. • NOW,THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I. General Description of Work The work under this AGREEMENT shall consist of the above-described SERVICES as herein defined, and necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor, and related equipment and, if applicable, sub-consultants and subcontractors necessary to conduct and complete the SERVICES as designated elsewhere in this AGREEMENT. II. General Scope of Work The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit"A" attached hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed utilizing performance based contracting methodologies. Ill. General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress, and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days' notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit"A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the SERVICES in sufficient detail so that the progress of the SERVICES can easily be evaluated. The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. Agreement Number: AG 15- Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 2 of 14 �....:w..,r 411/71I0)11+A Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required, per 49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will be shown on Exhibit"B" attached hereto and by this reference made part of this AGREEMENT. If the Prime CONSULTANT is a DBE certified firm they must comply with the Commercial Useful Function (CUF)regulation outlined in the AGENCY's"DBE Program Participation Plan" and perform a minimum of 30%of the total amount of this AGREEMENT. It is recommended, but not required,that non-DBE Prime CONSULTANTS perform a minimum of 30% of the total amount of this AGREEMENT. The CONSULTANT, on a monthly basis, is required to submit DBE Participation of the amounts paid to all DBE firms invoiced for this AGREEMENT. All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files,prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit"C— Preparation and Delivery of Electronic Engineering and other Data." All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this SERVICE, shall be without liability or legal exposure to the CONSULTANT. Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other party by (i) certified mail, return receipt requested, or(ii) by email or facsimile,to the address set forth below: If to AGENCY: If to CONSULTANT: Name: Christine Mullen, PE Name: Paul Smith, PE Agency: City of Federal Way Agency: MacKay& Sposito, Inc Address: 33325 8th Ave S Address: 33400 8th Avenue South, Suite 130 City: Federal Way State: WA Zip: 98003 City: Federal Way State: WA Zip: 98003 Email: christine.mullen @cityoffederalway.com Email: psmith @mackaysposito.com Phone: (253) 835-2723 Phone: (253) 205-8700 Facsimile: (253) 835-2709 Facsimile: IV. Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT titled "Completion Date." The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the established completion time. Agreement Number: AG 15- Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 3 of 14 P9-..:.-J 4A/7A/'ff4 A V. Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES, specified in Section II, "Scope of Work". The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov). The estimate in support of the Cost Plus Fixed Fee amount is attached hereto as Exhibits "D" and "E" and by this reference made part of this AGREEMENT. A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost, indirect cost rate, and direct non-salary costs. 1. Direct (RAW) Labor Costs: The Direct (RAW) Labor Cost is the direct salary paid to principals, professional, technical, and clerical personnel for the time they are productively engaged in work necessary to fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the direct salary costs billed to the AGENCY. 2. Indirect Cost Rate (ICR) Costs: ICR Costs are those costs, other than direct costs, which are included as such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall be made at the ICR rates shown in attached Exhibits"D" and"E" of this AGREEMENT. Total ICR payment shall be based on Actual Costs. The AGENCY agrees to reimburse the CONSULTANT the actual ICR costs verified by audit, up to the Maximum Total Amount Payable, authorized under this AGREEMENT, when accumulated with all other Actual Costs. A summary of the CONSULTANT'S cost estimate and the ICR percentage is shown in Exhibits "D" and "E", attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT(prime and all sub-consultants) will submit to the AGENCY within six (6) months after the end of each firm's fiscal year, an ICR schedule in the format required by the AGENCY(cost category, dollar expenditures, etc.) for the purpose of adjusting the ICR rate for billings received and paid during the fiscal year represented by the ICR schedule. It shall also be used for the computation of progress payments during the following year and for retroactively adjusting the previous year's ICR cost to reflect the actual rate. The ICR schedule will be sent to Email: ConsultantRates @wsdot.wa.gov. Failure to supply this information by either the prime CONSULTANT or any of their sub-consultants shall cause the AGENCY to withhold payment of the billed ICR costs until such time as the required information is received and an overhead rate for billing purposes is approved. The AGENCY's Project Manager and/or the Federal Government may perform an audit of the CONSULTANT'S books and records at any time during regular business hours to determine the actual ICR rate, if they so desire. 3. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges and fees of sub-consultants. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with WSDOT's Accounting Manual M 13-82, Chapter 10—Travel Rules and Procedures, and revisions thereto. Air, train, and rental car costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205-46 "Travel Costs." The billing for Direct Non-Salary Costs shall include an itemized listing of the charges directly identifiable with the PROJECT. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. All above charges must be necessary for the services provided under this AGREEMENT. Agreement Number: AG 15- Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 4 of 14 [],...:.....J 411/01/11.2114 A 4. Fixed Fee: The Fixed Fee,which represents the CONSULTANT'S profit, is shown in attached Exhibits "D" and "E" of this AGREEMENT. This fee is based on the Scope of Work defined in this AGREEMENT and the estimated person-hours required to perform the stated Scope of Work. In the event the CONSULTANT enters into a supplemental AGREEMENT for additional work, the supplemental AGREEMENT may include provisions for the added costs and an appropriate additional fee. The Fixed Fee will be prorated and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not previously paid in the progress payments will be covered in the final payment, subject to the provisions of Section IX entitled "Termination of Agreement." 5. Management Reserve Fund(MRF): The AGENCY may desire to establish MRF to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of$100,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the MRF is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the MRF shall be made in accordance with Section XIII, "Changes of Work." 6. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the MRF. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIII, "Changes of Work."No minimum amount payable is guaranteed under this.AGREEMENT. B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of Actual Costs plus the ICR and calculated fee on a monthly basis during the progress of the work. Such billings shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under Section III, "General Requirements" of this AGREEMENT. The billings will be supported by an itemized listing for each item including Direct(RAW) Labor, Direct Non-Salary, and allowable ICR Costs to which will be added the prorated Fixed Fee. To provide a means of verifying the billed Direct(RAW) Labor costs for CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, Direct(RAW) Labor rates, and present duties of those employees performing work on the PROJECT at the time of the interview. C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent, if applicable, upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. - The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit; all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT has twenty (20) working days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. Agreement Number: AG 15- Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 5 of 14 D. Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for inspection by representatives of the AGENCY and the United States, for a period of six(6)years after receipt of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this AGREEMENT is initiated before the expiration of the six (6)year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be performed by the State Auditor, WSDOT's Internal Audit Office and/or at the request of the AGENCY's Project Manager. VI. Sub-Contracting The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit"A" attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY and sub-consultant, any contract or any other relationship. Compensation for this sub-consultant SERVICES shall be based on the cost factors shown on Exhibit"E" attached hereto and by this reference made part of this AGREEMENT. The SERVICES of the sub-consultant shall not exceed its maximum amount payable identified in each sub- consultant cost estimate unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, indirect cost rate, direct non-salary costs and fixed fee costs for the sub-consultant shall be negotiated and substantiated in accordance with section V"Payment Provisions"herein and shall be memorialized in a final written acknowledgement between the parties. All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require each sub-consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With respect to sub-consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE's Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT, sub-recipient, or sub-consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the recipient deems appropriate. VII. Employment and Organizational Conflict of Interest The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Agreement Number: AG 15- Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 6 of 14 �....:.....J AA/7A/9AA A Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly retired employees, without written consent of the public employer of such person if he/she will be working on this AGREEMENT for the CONSULTANT. VIII. Nondiscrimination During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub-consultants, subcontractors and successors in interest, agrees to comply with the following laws and regulations: • Title VI of the Civil Rights Act of 1964 • Civil Rights Restoration Act of 1987 (42 U.S.C. Chapter 21 Subchapter V § 2000d (Public Law 100-259) through 2000d-4a) • American with Disabilities Act of 1990 • Federal-aid Highway Act of 1973 (42 U.S.C. Chapter 126 § 12101 et. seq.) (23 U.S.C. Chapter 3 § 324) • 23 CFR Part 200 • Rehabilitation Act of 1973 • 49 CFR Part 21 (29 U.S.C. Chapter 16 Subchapter V § 794) • 49 CFR Part 26 • Age Discrimination Act of 1975 • RCW 49.60.180 (42 U.S.C. Chapter 76 § 6101 et. seq.) In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit"F" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit"F" in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX. Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged and any appropriate fixed fee percentage at the time of termination of this AGREEMENT, plus any direct non-salary costs incurred up to the time of termination of this AGREEMENT. No payment shall be made for any SERVICES completed after ten (10) days following receipt by the CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to Agreement Number: AG 15- Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 7 of 14 4111.i111,1114 I date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the SERVICES required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth in paragraph two (2) of this section. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT's failure to perform is without the CONSULTANT's or its employee's fault or negligence,the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs and appropriate fixed fee percentage in accordance with the termination for other than default clauses listed previously. The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any member, partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT's supervisory and/or other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee. The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s) of this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT as set forth in the second and third paragraphs of this section. Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X. Changes of Work The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as necessary to correct errors appearing therein, without additional compensation thereof Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or revised,the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under section XIII "Extra Work." XI. Disputes Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within 10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit"J". In the event that either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. Agreement Number: AG 15- Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 8 of 14 XII. Legal Relations The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall defend, indemnify, and hold The State of Washington(STATE) and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the negligence of, or the breach of any obligation under this AGREEMENT by, the CONSULTANT or the CONSULTANT's agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY, their agents, officers, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the STATE and/or the AGENCY may legally be le all liable; and provided further that if the claims or suits are caused by or result from the concurrent negligence of(a) the CONSULTANT or the CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally liable, and (b)the STATE and/or AGENCY,their agents, officers, employees, sub-consultants, subcontractors and or vendors, of any tier, or any other persons for whom the STATE and or AGENCY may be legally liable,the defense and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT's negligence or the negligence of the CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any AGREEMENT between CONSULTANT and any sub-consultant, subcontractor and vendor, of any tier. The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any use in connection with the AGREEMENT of methods, processes, designs, information or other items furnished or communicated to STATE and/or the AGENCY, their agents, officers and employees pursuant to the AGREEMENT; provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions resulting from STATE and/or AGENCY's, their agents', officers' and employees' failure to comply with specific written instructions regarding use provided to STATE and/or AGENCY, their agents, officers and employees by the CONSULTANT, its agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. The CONSULTANT's relation to the AGENCY shall be at all times as an independent contractor. Notwithstandin g any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole Y discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the CONSULTANT in the procurement of, or performance under, this AGREEMENT. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT's own employees or its agents against the STATE and /or the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. This waiver has been mutually negotiated between the Parties. Agreement Number: AG 15- Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 9 of 14 Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable supplemental AGREEMENT, the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administration. By providing such assistance,the CONSULTANT shall assume no responsibility for: proper construction techniques,job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with minimum limits of one million dollars ($1,000,000.00)per occurrence and two million dollars ($2,000,000.00) in the aggregate for each policy period. C. Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage for any "Auto" (Symbol 1) used in an amount not less than a one million dollar ($1,000,000.00) combined single limit for each occurrence. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance, the STATE and AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub- consultant and/or subcontractor as an additional insured(the "AIs"), with no restrictions or limitations concerning products and completed operations coverage. This coverage shall be primary coverage and non-contributory and any coverage maintained by the AIs shall be excess over, and shall not contribute with,the additional insured coverage required hereunder. The CONSULTANT's and the sub-consultant's and/or subcontractor's insurer shall waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to: Name: Christine Mullen, P.E. Agency: City of Federal Way Address: 33325 8th Avenue S City: Federal Way State: WA Zip: 98003 Email: christine.mullen @cityoffederalway.com Phone: (253) 835-2723 Facsimile: (253) 835-2709 No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT's professional liability to the AGENCY, including that which may arise in reference to section IX"Termination of Agreement" of this AGREEMENT, shall be limited to the accumulative amount of the authorized AGREEMENT amount or one million dollars ($1,000,000.00), whichever is greater, unless the limit of liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT's professional liability to third parties be limited in any way. Agreement Number: AG 15- Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 10 of 14 RPvi pd 10/2n/21)14 The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third party, and no third party beneficiary is intended or created by the execution of this AGREEMENT. The AGENCY will pay no progress payments under section V"Payment Provisions" until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. XIII. Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT in the SERVICES to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the SERVICES under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of this AGREEMENT,the AGENCY shall make an equitable adjustment in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and(3) other affected terms and shall modify this AGREEMENT accordingly. C. The CONSULTANT must submit any "request for equitable adjustment,"hereafter referred to as "CLAIM," under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of this AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the section XI "Disputes"clause. However,nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs (A.) and(B.) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XIV. Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XV. Federal Review The Federal Highway Administration shall have the right to participate in the review or examination of the SERVICES in progress. XVI. Certification of the Consultant and the Agency Attached hereto as Exhibit"G-1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "G-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit"G-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "G-4" Certificate of Current Cost or Pricing Data. Exhibit"G-3" is required only in AGREEMENT's over one hundred thousand dollars ($100,000.00) and Exhibit"G-4" is required only in AGREEMENT's over five hundred thousand dollars ($500,000.00.) These Exhibits must be executed by the CONSULTANT, and submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III "General Requirements" prior to its performance of any SERVICES under this AGREEMENT. Agreement Number: AG 15- Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 11 of 14 411P11111•1114 A XVII. Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement to this AGREEMENT. XVIII. Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and AGREEMENT's contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and conditions thereof. XIX. Protection of Confidential Information The CONSULTANT acknowledges that some of the material and information that may come into its possession or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state or federal statutes ("State's Confidential Information"). The "State's Confidential Information" includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles, credit card information, driver's license numbers, medical data, law enforcement records (or any other information identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security data, non-public Specifications, STATE and AGENCY non-publicly available data, proprietary software, State security data, or information which may jeopardize any part of the project that relates to any of these types of information. The CONSULTANT agrees to hold the State's Confidential Information in strictest confidence and not to make use of the State's Confidential Information for any purpose other than the performance of this AGREEMENT,to release it only to authorized employees, sub-consultants or subcontractors requiring such information for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish, transfer, sell, disclose, or otherwise make it known to any other party without the AGENCY's express written consent or as provided by law. The CONSULTANT agrees to release such information or material only to employees, sub-consultants or subcontractors who have signed a nondisclosure AGREEMENT, the terms of which have been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to the State's Confidential Information. Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the AGENCY's option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State's Confidential Information; or (ii) returned all of the State's Confidential Information to the AGENCY; or (iii) take whatever other steps the AGENCY requires of the CONSULTANT to protect the State's Confidential Information. As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following: the State's Confidential Information received in the performance of this AGREEMENT; the purpose(s) for which the State's Confidential Information was received; who received, maintained and used the State's Confidential Information; and the final disposition of the State's Confidential Information. The CONSULTANT's records shall be subject to inspection, review, or audit upon reasonable notice from the AGENCY. The AGENCY reserves the right to monitor, audit, or investigate the use of the State's Confidential Information collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or investigating may include, but is not limited to, salting databases. Agreement Number: AG 15- Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 12 of 14 g Y Violation of this section by the CONSULTANT or its sub-consultants or subcontractors may result in termination of this AGREEMENT and demand for return of all State's Confidential Information, monetary damages, or penalties. It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing such proprietary and/or confidential information shall be clearly identified and marked as "Confidential" and shall be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT. The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT; or(b) as soon as such confidential or proprietary material is developed, whichever is. "Proprietary and/or confidential information" is not meant to include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party; (iii) is independently developed by or for the other party; (iv) is publicly known; or(v) is generally utilized by unaffiliated third parties engaged in the same business or businesses as the CONSULTANT. The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and/ or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a public disclosure request is made to view materials identified as "Proprietary and/or confidential information" or otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that such records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure, the AGENCY will release the requested information on the date specified. The CONSULTANT agrees to notify the sub-consultant of any AGENCY communication regarding disclosure that may include a sub-consultant's proprietary and/or confidential information. The CONSULTANT notification to the sub-consultant will include the date that such records will be released by the AGENCY to the requester and state that unless the sub-consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure the AGENCY will release the requested information. If the CONSULTANT and/or sub-consultant fail to obtain a court order or other judicial relief enjoining the AGENCY by the release date, the CONSULTANT shall waive and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages, liabilities, or costs associated with the AGENCY's said disclosure of sub-consultants' information. XX. Records Maintenance During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6)years from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain and maintain all "documents" pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all "documents" pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT's place of business during normal working hours. If any litigation, claim or audit is commenced, the CONSULTANT shall cooperate with AGENCY and assist in the production of all such documents. "Documents" shall be retained until all litigation, claims or audit findings have been resolved even though such litigation, claim or audit continues past the six (6) year retention period. For purposes of this AGREEMENT, "documents" means every writing or record of every type and description, including electronically stored information("ESI"), that is in the possession, control, or custody of the CONSULTANT, including, without limitation, any and all correspondences, contracts,AGREEMENT `s, appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten notes, reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records, work sheets, charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings, Agreement Number: AG 15- Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 13 of 14 RPVicpd loan/2n14 tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or telephone conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original, or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original. For purposes of this AGREEMENT, "ESI" means any and all computer data or electronic recorded media of any kind, including "Native Files", that are stored in any medium from which it can be retrieved and examined, either directly or after translation into a reasonably useable form. ESI may include information and/or documentation stored in various software programs such as: Email, Outlook, Word, Excel,Access, Publisher, PowerPoint,Adobe Acrobat, SQL databases, or any other software or electronic communication programs or databases that the CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones, laptops or any other electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any personal devices used by the CONSULTANT or any sub-consultant at home. "Native files" are a subset of ESI and refer to the electronic format of the application in which such ESI is normally created, viewed, and/or modified. The CONSULTANT shall include this section XX "Records Maintenance" in every subcontract it enters into in relation to this AGREEMENT and bind the sub-consultant to its terms, unless expressly agreed to otherwise in writing by the AGENCY prior to the execution of such subcontract. In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date"box on page one (1) of this AGREEMENT. Ilj ai4 a,2-% -C Signature Timothy Sclrer, P esident Date MacKay & Sposito, Inc. Sign Jim F rrell, Mayor Da City of Federal Way APPROVED AS TO FORM: iide 'f Amy Jo Pearsall, City Attorney Agreement Number: AG 15- Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 14 of 14 Exhibit A Scope of Work Project No. AG 15- See Scope of Work prepared by MacKay & Sposito (dated 12/30/14) and Scope of Work prepared by Universal Field Services(dated 12/4/14), attached as Exhibit A-1. Agreement Number: AG 15- WSDOT Form 140-089 EF Exhibit A Page 1 of 1 D mian,4+nioni)n4A ENERGY PUBLIC LAND MacKay ÷ Sposito WORKS DEVELOPMENT FEDERAL.W`AY oFF{CE _ Nay v,■14. c' EXHIBIT A-1 City of Federal Way 21St Avenue S Pedestrian Improvements MacKay Sposito, Inc. Scope of Work December 30, 2014 Purpose The purpose of the 21"Ave S Pedestrian Improvements project consists of installing a new 12—foot wide multi-purpose sidewalk along the west portion of the street from S 316th St to S 320th St. Existing Conditions 21St Ave S is primarily a two lane street. The east side of the street includes a bike lane, curb and gutter, 12-foot sidewalk with street lights and street trees. The west side of the street has curb and gutter and walls for most of the length. The walls vary between two to four feet high with the majority of the walls being cut walls with the parking lots behind the walls being higher than the street. At the north end of the street,just south of the intersection with 316th St the wall transitions to a fill wall. Proposed Improvements Proposed Improvements for 21St Avenue Sidewalk expansion include the following: • 12-foot wide sidewalk, ADA improved driveway approaches, and curb ramps. • Matching improvements into abutting properties. • Installation of walls as required to address grade transition. • The Construction Documents for this project will extend along 21St Ave S from the intersection with S 316th St to "'200 feet from the intersection with S 320th St. The total distance is—1,050 feet. • The existing roadway and curb will remain intact with the sidewalk added behind the existing curb. December 5,2014 Page 2 • Match improvements into existing abutting properties. Assumptions • The local agencies governing this project are the City of Federal Way and Lakehaven Utility District. Because there is Federal funding for this project, all work will be per the WSDOT LAG manual. • MacKay Sposito's proposal is based on correspondence with the City of Federal Way and the attached proposed cross section. Street tree plans will be developed per the City Development Standards. • The Right of Way acquisition will be performed by Universal as a Sub-Consultant to MacKay Sposito, Inc. • The stormwater design and analysis will follow the King County Surface Water Manual with the Federal Way addendum.The City of Federal Way staff will provide a memo of design expectations. • No modifications to the stormwater system will be required to accommodate the increased impervious area. • A geotechnical analysis has been performed and will be provided to MacKay Sposito by the City of Federal Way. Any additional geotechnical exploration or analysis will be handled by the City of Federal Way. • City of Federal Way will provide MacKay Sposito with all available as-builts for the project area. • No pedestrian connection to the Town Square Park will be provided at this time. • Topographical survey for the site will extend from the centerline of 21st Ave S to 50 feet behind the west curb, and from the north side of the S 316th intersection to the south side of the access at the south end of the project. • NEPA/SEPA will be prepared by others under a separate contract with the City of Federal Way. • Potential parking relocation for the Cratsenberg property is excluded from this scope. City of Federal Way MacKay Sposito, Inc. 21st Ave S Pedestrian Improvements December 5,2014 Page 3 The estimated project duration is 12 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 1.1.1 Project set-up and execute agreement. 1.1.2 Execution of any subcontractor agreements. 1.1.3 Preparation of monthly progress reports and invoices. 1.1.4 Record keeping and project closeout. 1.2 PROVIDE OVERALL PROJECT MANAGEMENT INCLUDING 1.2.1 Project staff management and coordination. 1.2.2 Subcontractor management and coordination. 1.2.3 Prepare and update project schedule. 1.2.4 Schedule and budget monitoring. 1.3 COORDINATE WITH CITY STAFF INCLUDING 1.3.1 Preparation and attendance of up to eight monthly coordination meetings throughout the duration of the project. Level of effort for this task is based on the average of 1 Consultant staff at each of the following meetings: 1.3.2 One formal kickoff meeting at project start. 1.3.3 One formal kickoff meeting upon re-authorization to proceed following 30%and 85% approval. 1.3.4 Progress meetings at the City throughout the project duration (estimate 4). 2.1 OVERALL PROJECT MANAGEMENT INCLUDING 2.1.1 The Consultant shall provide internal QA/QC reviews of the following major work elements prior to submittal to the City. 2.1.2 Field review completed base maps for completeness and accuracy and incorporate findings. 2.1.3 Provide senior review of design report. 2.1.4 Provide senior review of 85% Plans, specifications and estimates. 2.1.5 Provide senior review of 100% Plans, specifications and estimates. City of Federal Way MacKay Sposito, Inc. 21st Ave S Pedestrian Improvements December 5,2014 Page 4 3.1 MAPPING 3.1.1 Conduct a topographic survey along 21st Ave S from the existing crown or centerline of 21st Ave S to 50 feet west of the back of the existing curb on the west side of 21St Ave 5; from 100 feet south of the intersection of the private road that is approximately 325 feet north of the intersection of S 320th St north to the centerline intersection of S 316th St; and 150 feet west along the private road that is approximately 325 feet north of the intersection of 21st Ave S and S 320th St, 50 feet north and south of the existing centerline of the private road; and along S 316th St from the intersection of 21st Ave to 150 feet west of the intersection; and from the centerline of S 316th St to 60 feet south of the centerline of S 316th St. 3.1.2 The features to be located shall include, but are not limited to, crown of road or existing centerline of road, curb and gutter, walls, landscape areas, channelization, parking striping, existing underground and overhead utilities, (i.e. water, storm, sewer, communications, gas, power), the nearest upstream or downstream drainage structure from any storm or sewer drainage structure found within the limits of the area of the topographic survey. 3.1.3 The topographic survey will be shot to an accuracy that will support contours at 1 foot intervals. 3.1.4 The vertical datum to be used will be NAVD 88 and will be established using existing recorded monuments nearest to the site through use of City, County, or WSDOT records. 3.1.5 The horizontal to be used will be NAD 83/91 and will be established using existing recorded monuments nearest to the site through use of City, County, or WSDOT records. 3.1.6 For the location of the existing underground utilities an underground utility locating service will be engaged to provide surface marking of the underground utilities. ��xr�. a s� i s e� e � � .� � am�qr { �1�� r� m #t 4� ,ti f3`�s '�+ ti .t C ; y 4.1 COMPLETE. NO ADDITIONAL EFFORT IS ANTICIPATED. Existing dry and wet utilities were included with the topography scope. $ - �w �. k `` y�,ra �, �" ��> r+, t 'fir ; a.-s4 T.". t� �� a�.�.a:x F,. "(�v�i"�*.,,..,-..�'•-V s' :�� ,. '' .a�`' gqr as'��'� 5.1 COMPLETE. NO ADDITIONAL EFFORT IS ANTICIPATED. City of Federal Way MacKay Sposito, Inc. 215`Ave S Pedestrian Improvements December 5,2014 Page 5 6.1 COMPLETE. NO ADDITIONAL EFFORT IS ANTICIPATED. The Consultant shall utilize a geotechnical report provided by the City. The report is assumed to also contain MSE wall design recommendations to be coordinated and shown on the Civil Plans. 7.1 DESIGN REPORT 7.1.1 Prepare a design report.The report will include the 30% plans and cost opinions for the project. 7.1.2 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. 7.1.3 Review as-built and Technical Information Report (TIR) information provided by the City and document the existing storm water facilities within the limits of the project and document applicable stormwater regulations, standards, hydrology and hydraulic design criteria. The City will provide a memo regarding the anticipated stormwater requirements for quantity and quality. 7.1.4 Prepare a draft Technical Information Report (TIR) describing the technical information and analysis of the stormwater facilities as outlined in the forthcoming City memo. Responses to the draft TIR will be addressed, resubmitted and approved prior to the submittal of the 85% design. The TIR will be finalized concurrent with final design under work element 11. 7.1.5 Prepare 30% plans and estimate preliminary quantities and prepare preliminary opinions of probable cost for construction. 7.1.6 Coordinate with utilities to identify and prevent any possible utility conflicts. 7.1.7 Prepare an analysis of preliminary right-of-way acquisition requirements based on existing property lines, estimated required takes, easements and any changes to current access. The Consultant shall prepare right of entry exhibits for one parcel if required as noted in the assumptions. Rights of entry will be obtained by the City. 7.1.8 Compile and prepare the Draft and Final Design Report. Five bound copies and one unbound original will be submitted for the draft and final reports. City of Federal Way MacKay Sposito, Inc. 215`Ave S Pedestrian Improvements December 5, 2014 Page 6 8.1 NO ADDITIONAL WORK IS ANTICIPATED. It is assumed the City will be handling NEPA/SEPA process. 9.1 COMPLETE. NO ADDITIONAL EFFORT IS ANTICIPATED. 10.1 RIGHT OF WAY CALCULATIONS 10.1.1 Provide title reports and research of the effected properties. 10.1.2 Write legal descriptions with graphic exhibits for recording for all the property acquisitions needed for completion of the project. 10.1.3 Generate an accurate right of way map the standard set forth in the WSDOT Lag Manual using title reports, title research, record documents and field ties to the monumentation controlling, the right of way location. t Pa The Consultant shall coordinate and manage the right of way negotiations performed by Universal Field Services. The work to be performed by Universal Field Services is specified in their Scope of Work which is included with this Scope as an attachment. '2� �SF '."fr tirl '� L� � �'t '�^`b `� `af YS+ f'_ ., 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. 12.1 PREPARE THE BASE MAP IN AUTOCAD 12.1.3 Incorporate as-builts and field topography. 12.1.4 Layout sidewalk, wall locations, street lights, and street trees in AutoCAD. 12.2 PREPARATION OF 85% ENGINEERING/CONSTRUCTION PLANS&DOCUMENTS 12.2.1 Coordinate with utilities to identify and prevent any possible utility conflicts. 12.2.2 85% Cover, notes, and detail sheets. City of Federal Way MacKay Sposito, Inc. 215`Ave S Pedestrian Improvements December 5, 2014 Page 7 12.2.3 85% Grading and erosion control plan at 1" = 20' scale. 12.2.4 85% Wall Design Plans and detail sections. 12.2.5 85%Street lighting and tree plan at 1" = 20' scale. 12.2.6 85% Signage Plans at 1" = 20' scale. 12.2.7 Perform QA/QC review and revisions. 12.2.8 Submit 85% plans to City of Federal Way for review. 12.2.9 Submit 85% plans at 1" =40' scale on 11" x 17" sheets. 12.2.10 Submit 85% plans to utilities for review. 12.2.11 Prepare and submit 85% project specifications. 12.2.12 Prepare preliminary construction cost estimates. 12.2.13 Prepare Design Report. 12.3 PREPARE FINAL CONSTRUCTION DOCUMENTS 12.3.1 Revise 85% plans per City and utility comments. 12.3.2 Submit final construction drawings to Federal Way at 1" =40' on 11" x 17" sheets. 12.3.3 Revise 85% project specifications per City comments. 12.3.4 Prepare final construction quantities and cost estimate. 12.4 PREPARE FINAL STORMWATER TECHNICAL INFORMATION REPORT 12.4.1 Review storm report provided by the City of Federal Way for existing stormwater facilities. 12.4.2 Prepare storm report memo amending existing storm report for stormwater infrastructure. ` '151 rrY 7 ,; :P�rtn k��„� �� € �?? d��.H ��. "> c��fi' ., .�`'�,. _ xr. „�:x��r w #. i z,. '� a e 4 x._ 13.1 PLAN PRODUCTION 13.1.1 Assemble and submit plans and specifications for 85% and 100% levels of design. 13.1.1.1 One full size set of plans. 13.1.1.2 Six half-size sets of plans (11" x 17"), including one unbound original. 13.1.1.3 Six copies of specs, including one unbound original. 13.1.1.4 Six copies of the opinion of cost. 13.1.2 Assemble and coordinate the printing of 50 sets of half-size contract plans, 50 sets of specifications for bidding and six full size sets of plans. City of Federal Way MacKay Sposito, Inc. 21St Ave S Pedestrian Improvements December 5,2014 Page 8 14.1 CONSTRUCTION ADMINISTRATION 14.1.1 Prepare addenda and respond to bidders questions relayed through the City. It is assumed that the CONSULTANT will prepare three addenda. 14.1.2 Review contractor submittals. 14.1.3 Respond to Requests For Information (RFIs)from contractor. This proposals assumes up to three RFIs. 14.1.4 Prepare plan changes if conditions are not as expected in plans (minor changes). This proposal allows up to three minor plan changes. End Scope Proposal City of Federal Way MacKay Sposito, Inc. 215`Ave S Pedestrian Improvements December 4, 2014 4111M ftr war,— MELD •RVIQR9.INC. Scope of Work City of Federal Way—21st Ave S Right of Way Acquisition Services Federal funds are participating in the Right of Way Acquisition Phase of the project. Therefore Universal Field Services, Inc. (UFS) will complete all Right of Way services in accordance with the City of Federal Way's (CITY) Washington State Department of Transportation's (WSDOT) approved Right of Way Acquisition Procedures, WSDOT Local Agency Guidelines — Section 25 (Right of Way Procedures), and the federal Uniform Relocation Assistance and Real Property Acquisitions Policies Act(URA). Based on a preliminary exhibit provided by and discussions with the CITY's design team MacKay & Sposito (M&S), one (1) separate tax parcel will require the acquisition of partial fee simple real property rights together with a temporary construction easement from the parcel shown in Table A below. Right of Way plans or other reliable design information is not available for use at this time. Additional parcels or real property rights other than those shown in Table A will require an amendment to this scope of work and related fee estimate. This scope of work is based on the following: 1.) Review of preliminary schematic exhibits provided by M&S. 2.) Discussions with M&S staff 3.) Review of limited public on-line information (mapping/ownership information) 4.) This scope of work and related fee estimate excludes potential coordination of parking lease modifications between the Property Owner and Sound Transit/ Federal Way Transit. A. Preparation and Administration - Discuss, strategize and plan overall process with CITY and M&S staff. Attend project kickoff meeting with CITY and up to three (3) progress meetings — CITY office. Progress meetings can be facilitated by conference calling if preferred. Provide up to six (6) monthly progress reports indicating the work completed for the invoiced month, anticipated work for the following month, and identify issues requiring the CITY's or M&S input and assistance. UFS will provide sample acquisition documents for the CITY's review and approval for use. The CITY's pre-approved forms will be used when provided. When appropriate, prepare parcel files to include fair offer letters, recording and ancillary documents, a standard diary form indicating all contacts with owner(s), and other items necessary for negotiations. Deliverables: • Attend Project Kickoff Meeting—CITY office • Attend three (3) Progress Meetings—CITY office • Provide six (6) Monthly Progress Reports • Coordinate CITY approval of Acquisition forms for project use • Prepare parcel acquisition files for negotiations B. Ownership / Title Review — Conduct ownership research and perform reviews of existing right of way information through limited public online information and available City records. Obtain title reports from M&S for the effected tax parcel shown in Table A below. Review special exceptions described in said title report to determine the CITY's acceptance of title at closing. Provide the CITY with a parcel summary memo listing title exceptions, and other encumbrances of public record. Deliverable: • Prepare parcel summary memo listing ownership, title exceptions, etc. 1 of 4 December 4, 2014 C. True Cost Estimate — A True Cost Estimate (TCE) in lieu-of a Project Funding Estimate (PFE) will be completed because it is assumed the estimated amount of just compensation to the property owner will exceed the City's WSDOT approved Appraisal Waiver limit of$25,000 and that the acquisition impacts are complicated. We anticipate there is no benefit to completing a Project Funding Estimate (PFE) unless real property rights are required from additional parcels with estimates of just compensation under the Appraisal Waiver Limit. It is assumed an Appraisal and Appraisal Review report will be completed for the tax parcel shown in Table A. Generally, the TCE is required by WSDOT and is a tool to be used for confirming estimated Right of Way costs with the understanding all properties impacted will be appraised. The TCE will be prepared in accordance with the CITY's WSDOT approved Right of Way Acquisition procedures, and WSDOT's Local Agency Guidelines—Section 25 (Right of Way Procedures). The data used to complete a TCE generally is not as reliable as in the PFE. Comparable market sales data are required in the PFE, whereas county assessed values may be used in the TCE. This is predominately why the Appraisal Waiver process is not allowed when a TCE is being used. Individual parcel worksheets will be prepared to estimate the amount of just compensation using King County's adjusted assessed values and information obtained from the project Right of Way plans. Estimated amounts of just compensation will be entered into a project summary worksheet to include other items of right of way related costs for review and use by the CITY and WSDOT. Based on the information currently available, one (1)tax parcel may require the acquisition of real property rights to be included in the TCE. As mentioned earlier, it is assumed said tax parcel will be appraised. Upon completion of the TCE, UFS will coordinate with the CITY and submit to WSDOT for review. Deliverables: • True Cost Estimate (TCE) D. Relocation Plan — It is assumed there are no occupants or personal property displaced as a result of this project. Therefore, relocation assistance and advisory services are not required. Deliverable: • N/A E. FHWA Funds Authorization for ROW — When federal funds are participating in the ROW phase, the CITY would typically receive a letter (obligation of funds) from FHWA through WSDOT Highways and Local Programs authorizing the use of federal funds to acquire Right of Way. This occurs after the Right of Way Plans, the TCE or PFE, and Relocation Plan (when applicable) have been submitted to WSDOT and NEPA clearance has been obtained. This letter of authorization is required in order for the CITY to receive federal funding participation and reimbursement for costs incurred with subsequent Appraisal, Appraisal Review, Acquisition Negotiations, and Relocation Assistance services (when applicable). Deliverable: • For informational purposes only. F. Appraisal & Appraisal Review — Upon completion of the TCE and the CITY's receipt of authorization from FHWA to use federal funds for Right of Way acquisition, UFS will subcontract and manage the Appraisal and Appraisal Review process with appraisal firms previously qualified by WSDOT and certified by the State of Washington. The Appraisal and Appraisal Review reports will be prepared in accordance with the Uniform Standards of Professional Appraisal Practices, Washington State Department of Transportation (WSDOT) Local Agency Guidelines, current WSDOT Right of Way Manual (in particular, Chapters 4 and 5), and the URA. 2 of 4 December 4,2014 It is assumed one (1) Appraisal and Appraisal Review report may be required. Total number of Appraisals and Appraisal reviews is subject to change based on project design revisions, and real property rights that may be required from additional parcels UFS staff to attend the appraisal inspection to ensure the property owner(s) understand the real property rights being appraised; to ascertain what is personal property and real property, and to help build the trust and rapport needed to assist in reaching amicable agreements. Appraisal scope of work and expenses exclude specialty studies for: hazardous materials research, testing, estimating(ESA Phase 1, 2, or 3), parking modification estimates, driveway/access layouts,etc. The completed Appraisal and Appraisal Review will be submitted to the CITY for written approval establishing the amount of Just Compensation to be offered the property owner. Deliverables: • One (1)Appraisal report • One (1)Appraisal Review report G. Acquisition Negotiation —Acquire real property rights from one (1) tax parcel as shown in Table A below. Upon written approval from the CITY approving the appraised amount of just compensation, UFS will prepare the offer package and promptly present the offer to purchase all required real property interests and negotiate in good faith to reach a settlement.Offer will be presented in person when at all possible. Negotiations will be conducted in accordance with statutory and regulatory requirements and will include: Presentation of offers in person; Coordination of administrative settlement approvals with the CITY; Negotiate as necessary with lien holders, assisting escrow in the closing process; Prepare and maintain the parcel file to include fair offer letter, acquisition documents (deeds, easements, etc.), a standard diary form indicating all contacts with owner(s), and other items necessary for negotiations. Negotiations shall not be deemed to have failed until at least three significant meaningful contacts have been made and documented with said property owner and/or their representative through direct personal contacts. Out-of-area owner(s) will be contacted by telephone and by certified mail. If negotiations reach an impasse, UFS will provide the CITY with written notification. The filing and cost of condemnation proceedings shall be the responsibility of the CITY. Deliverables: • Acquisition Negotiation services with the owner(s) of one (1)separate tax parcel. • Completed parcel file including necessary records of all Right of Way Acquisition services. H. Relocation—It is assumed there are no occupants or personal property displaced as a result of this project. Therefore, relocation assistance and advisory services are not required. I. Parcel Closeout — Escrow Closing - Upon securing required acquisition agreements, UFS will submit the necessary acquisition documents and closing instructions to the designated Title/Escrow Company. Work with the Title/Escrow Company in order to obtain release documentation from the encumbrance(s) of public record that are not acceptable to the CITY in order to provide clear title to the property being acquired, subject to the CITY's title clearing guidelines. The Escrow Company shall prepare and obtain the owner(s) signature on the necessary closing documents. UFS will coordinate signatures on closing documents for submittal to the CITY and payment(s) to the owner(s); coordinate with the Escrow/Title Company in filing documents with King County. Deliverable: • Deliver completed original Acquisition file to the CITY 3 of 4 December 4, 2014 J. Right-of-Way Certification — Since there are federal funds participating in the project, Right of Way Certification will be coordinated and completed through WSDOT Real Estate Services. The Right of Way acquisition file will be prepared and completed to the satisfaction of a WSDOT Right of Way review to support federal aid participation. UFS will further coordinate right of way activities with WSDOT's Local Agency Coordinator, Mr.Tom Boyd, as needed throughout the acquisition process. Additional Work- If other tasks are required to be performed or there are changes in pertinent information or if negotiations exceed the industry standard for a good faith effort to negotiate (three "in-person" landowner contacts), UFS reserves the right to request additional compensation as an equitable adjustment. UFS shall not be responsible for delays caused beyond its control. CITY/ M&S will provide the following: 1. Preliminary Commitment (Title Report) for the tax parcel shown in Table A below. If requested, UFS will order the report or any updates. The title company will bill the CITY directly for said report. 2. Approve designation of the escrow company used for this project. The escrow company will bill the CITY directly for all escrow services provided. 3. Right of Way Plans and Drawings, Maps, Exhibits, Right of Way Staking,etc., as necessary. 4. Legal descriptions in electronic format for all real property rights to be acquired. 5. Form approval, in electronic format, of all legal conveyance documents prior to use (i.e. offer letters, purchase and sale agreements, escrow instructions, easements, deeds, leases and permits). 6. Review and approval of all determinations of value, established by the project appraisers, and provide written authorization prior to an offer made to the property owner. 7. Payment of any and all compensation to property owners), recording fees, legal services and any incidental costs which may arise necessary to complete each transaction. , � Temporary No. Tax Parcel No Taxpayer/Owner Partial Fee Construction Simple Easement 1 092104-9297 Cratsebberg Properties, LLC X X 40f4 Exhibit B DBE Participation Not Applicable Agreement Number: AG 15- WSDOT Form 140-089 EF Exhibit B Page 1 of 1 Exhibit C Preparation and Delivery of Electronic Engineering and Other Data vi description this Exhibit the agency, as applicable, is to provide a descrip o n of the format and standards the consultant is to use in preparing electronic files for transmission to the agency. The format and standards to be provided may include, but are not limited to, the following: I. Surveying, Roadway Design& Plans Preparation Section A. Survey Data Survey data shall be provided as part of the Computer Aided Drafting file submittals. Individual topographic survey points shall be included as part of the files. B. Roadway Design Files Roadway Design Files shall be provided as part of the Computer Aided Drafting file submittals, along with any other design files prepared by the Consultant. C. Computer Aided Drafting Files City of Federal Way CAD software is AutoCAD 2015. Agreement Number: AG 15- WSDOT Form 140-089 EF Exhibit C Page 1 of 4 ��..;..�J AA/9A/')AA D. Specify the Agency's Right to Review Product with the Consultant The Agency reserves the right to review the Consultant's work product at any time during the project. E. Specify the Electronic Deliverables to Be Provided to the Agency Electronic versions of deliverables (reports,plans, contract documents, etc.) shall be provided to the City (in PDF Format as well as in editable electronic formats) at the 30% completion stage, 85% completion stage, 100% completion stage, and final documents for bidding. F. Specify What Agency Furnished Services and Information Is to Be Provided The agency will not provide any electronic data for this project. Agreement Number: AG 15- WSDOT Form 140-089 EF Exhibit C Page 2 of 4 II. Any Other Electronic Files to Be Provided Electronic deliverables include digital photos (jpg), Microsoft Project schedules (mpp), scanned, or electronic documents (pdf, doc, xls, etc.) III. Methods to Electronically Exchange Data Data is to be transferred by e-mail, CD, or FTP site(s). WSDOT Form 140-089 EF Exhibit C Page 3 of 4 A. Agency Software Suite The City of Federal Way's Software Suite is Microsoft Office 2010. The City of Federal Way's Operating System is Windows 7. B. Electronic Messaging System The City of Federal Way's email software is Microsoft Outlook 2010. C. File Transfers Format See previous sections. WCfl1T Fnrm idn_l1RQ FF Fvhihit r Pape 4 of 4 Exhibit D Prime Consultant Cost Computations See the following attached documents: Consultant Fee Determination- Summary Sheet 21st Ave S Pedestrian Improvements Cost Breakdown Indirect Cost Rate Certification Agreement Number: AG 15- WSDOT Form 140-089 EF Exhibit 0 Page 1 of 1 EXHIBIT D: 21ST AVE S PEDESTRIAN IMPROVEMENTS Direct Salary Cost(DSC): Classification Man Hours x Rate = =Cost Engr Manager/QA/QC 31.0 x $ 55.00 $ 1,705.00 Project Manager 149.0 x $ 45.00 $ 6,705.00 Party Chief 32.0 x $ 26.00 $ 832.00 Instrument 32.0 x $ 21.00 $ 672.00 Survey Tech III 72.0 x $ 25.00 $ 1,800.00 Survey Mgr 40.0 x $ 33.00 $ 1,320.00 EIT 127.0 x $ 27.00 $ 3,429.00 Drafter 159.0 x $ 30.00 $ 4,770.00 Admin 72.0 x $ 28.50 $ 2,052.00 Total DSC = $ 23,285.00 Overhead (OH): OH Rate x DSC of 146.74% x $ 23,285.00 $ 34,168.41 Fix Fee(FF): FF Rate x DSC of 28.00% x $ 23,285.00 $ 6,519.80 Reimbursables: Itemized $ 1,500.00 Subconsultant Costs(See Exhibit E): $ 15,183.70 GRAND TOTAL $ 80,656.91 0 Y « a L • „ O „ „ . 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N n ra y� C_O x v « N L m I- 5 N r O ,o .o .o ,o ¢ .2 N . a 3 F E , ¢ 8= ¢ d L;a c, �� Washington State Memorandum Department of Transportation November 10,2014 TO: Erik Jonson, WSDOT Contracts Administrator FROM: Martha Roach, Agreement Compliance Audit Manager SUBJECT: MacKay& Sposito Indirect Cost Rate for fiscal year end December 31, 2013 We have completed our desk review of the MacKay& Sposito Indirect Cost Rate for the above referenced fiscal year. We reviewed the documentation supporting the rate for compliance with criteria contained in the Federal Acquisition Regulations (FAR), Subpart 31. Our review included a site visit to the firm. Based on our review we are issuing this memo establishing the MacKay & Sposito Indirect Cost Rate for fiscal year ending December 31, 2013, at 146.74%of direct labor. MacKay & Sposito provided a FHWA Certificate of Final Indirect Costs indicating all costs included in the indirect cost rate schedule are in compliance with Federal Acquisition Regulations (FAR), Subpart 31. Costs billed to agreements will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement. This was not a cognizant review. Any other entity contracting with the firm is responsible for determining the acceptability of the Indirect Cost Rate. If you have any questions, feel free to call me at (360) 705-7006 or via email at • roachma @wsdot.wa.gov. Cc: Steve McKerney File DOT Form 700-008 EF Revised 5199 • Certification of Final Indirect Costs Firm Name: Mackay&Sposito,Inc. Indirect Cost Rate Proposal: 14s.74% Date of Proposal Preparation(mmiddlyyyy): 11/0W2014 Fiscal Period Covered (mm/dd/yyyy to mm/dd/yyyy):01/01/2013 to 12/312013 1, the undersigned, certify that I have reviewed the proposal to establish final indirect cost(ates for the fiscal period as specified above and to the best of my knowledge and belief 1.)All costs included in this proposal to establish final indirect cost rates are allowable in accordance with the cost principles of the Federal Acquisition Regulations(FAR)of title 48, Code of Federal Regulations(CFR),part 31. 2.) This proposal does not include any costs which are expressly unallowable under the cost principles of the FAR of 48 CFR 31. All known material transactions or events that have occurred affecting the firm's ownership, organization and indirect cost rates have been disclosed. ,./Ar' Signature: /,1/1' Name of Certifying Official*(Pri t): yji, Title: -6.6 j-' Date of Certification(mm/dd/yyyy): `(I o *The"Certifying Official" must be an individual executive or financial officer of the firm at a level no lower than a Vice President or Chief Financial Officer, or equivalent, who has the authority to represent the financial information utilized to establish the indirect cost rate for use under Agency contracts. Ref. FHWA Directive 4470.1A available on line at: http://www.fhwa.dot.qov/legsrea s/directives/orders/44701 a.htm 0/H Certification;Nov 2010 MacKay&Sposito,Inc. Indirect Cost Rate Schedule Fiscal Year Ended December 31,2013 Financial Statement M&S WSDOT Accepted Description Amounts Adjustment Adjustment Rgf Amount %g., Direct Labor $4,217,882 $66,263 ($2,089)A,0 $4,282,057 100.00% Indirect Costs: Fringe Benefits Vacation,Holiday and Personal Time $546,705 $546,705 12.77% Payroll taxes 670,580 ($23,758) ($28,077) B,R 597,878 13.96% (20,867) B Bonuses 270,550 (270,550) Q - 0.00% Health Insurance 690,398 690,398 16.12% Worker's Comp Insurance 19,753 19,753 0.46% 401k Contributions 135,774 135,774 3.17% Total Fringe Benefits $2,333,760 ($44,625) ($298,627) $1,990,508 46.48% General Overhead Indirect Salaries $2,143,091 $180,446 $37,470 A,O $1,770,568 41.35% (310,562) (7,112) B,P (272,765) B Payroll Variance (282,090)0 (282,090) -6.59% Survey/CM Equipment&Trucks 428,030 428,030 10.00% Survey Supplies and Small Tools 86,495 86,495 2.02% Miscellaneous Expense 8,021 8,021 0.19% Employee Education/Professional Organizations 30,650 30,650 0.72% Advertising 2,656 (2,656) C - 0.00% Branding 28,188 (28,188) B (0) 0.00% Civic Organization Involvement 5,843 (5,843) J 0 0.00% Client Recognition&Development 87,117 (11,196) (5,231) H,S 20,339 0.47% (50,351) H Conferences 39,993 (10,686) S 29,307 0.68% Employee Education/Professional Organizations 7,910 (2,755) 5 5,155 0.12% Marketing Campaigns 1,249 (1,249) B (0) 0.00% Miscellaneous 8,554 (8,554) B - 0.00% Public Relations 44,733 (44,733) B - 0.00% Auto Expense 42,418 (1,402) B 41,016 0.96% Bad debt expense 34,213 (34,213) D - 0.00% Business Licenses,Taxes,and Fees 207,572 207,572 4.85% Computers&Connectivity 119,403 119,403 2.79% Depreciation 120,461 120,461 2.81% Dues&subscriptions 20,441 (60) (305) B,S 4,406 0.10% (15,670) K Employee Recruiting,Recognition,and Education 84,511 (23,895) (3,365) I,S 46,516 1.09% (10,735) L Equipment Leasing 79,275 79,275 1.85% Insurance 144,305 144,305 3.37% Interest Expense 77,075 (77,075) E - 0.00% Meals,Travel&Lodging 65,457 (4,854) (3,354) G,S 18,540 0.43% (11,961) B (26,748) L Meetings expense 8,595 (8,301) 5 294 0.01% Miscellaneous expense 26,657 (2,986) (14,715) M,S 8,956 0.21% Office Supplies&Expense 78,269 (1,020) S 77,250 1.80% Officer's Life&Disability Insurance 8,935 (5,620) N 3,315 0.08% Printing 57,476 (1,245) (280) B,S 55,952 1.31% Professional Fees 425,609 (438) (438) B,S 411,734 9.62% (13,000) F Rent 574,662 574,662 13.42% Repairs and Maintenance 48,656 48,656 1.14% Software Expense 142,730 142,730 3.33% Telephone&Utilities 91,633 91,633 2.14% Total General Overhead $5,380,883 ($785,554) ($302,180) $4,293,149 100.26% Total Indirect Costs&Overhead $7,714,643 ($830,179) ($600,807) $6,283,657 146.74% 2. Indirect Cost Rate 182.90% 160.70% 146.74% MacKay&Sposito,Inc.-Reviewed/Accepted-SAH-11/S/14 MacKay&Sposito,Inc. Indirect Cost Rate Schedule Fiscal Year Ended December 31,2013 References: MacKay&Sposito Adjustments A-Overtime premium unallowable per 48 CFR 22.103-1,22.103-4(g)&WSDOT 0/H Policy B-Promotional marketing expense unallowable per 48 CFR 31.205-1(f) C-Advertising expense is unallowable per 48 CFR 31.205-1 D-Bad debt expense is unallowable per 48 CFR 31.205-3 E-Interest expense is unallowable per 48 CFR 31.205-20 F-Federal Income Tax preparation fees are unallowable per 48 CFR 31.205-41(b)(1),31.201-6(a)and WSDOT Policy G-Travel rates in excess of the Federal travel reimbursement rate H-Client gifts unallowable per 48 CFR 31.205-13(b) I-Holiday party and summer picnic expense unallowable per AASHTO Guide for FYE 2010 ]-Civic organization involvement unallowable expense per 48 CFR 31.205-14 K-Companywide membership dues unallowable per 48 CFR 31.205-18 L-Unallowable expenses-meals-considered entertainment per 48 CFR 31.205-14 M-Late charges unallowable per 48 CFR 31.205-15 N-Key man life insurance is unallowable per 48 CFR 31.205-19 WSDOT Adjustments 0-Uncompensated Overtime Correction and Variance Adjustment related to updated LDR provided by firm,per 48 CFR 37.115 and DCAA 5-910 the updated LDR included pay rate corrections and converted labor from the effective to the standard rate of pay,see LDR worksheet P-$7,112 adjustment for labor related to charitable activity per 48 CFR 31.205-8 Q-$270,550 bonus adjustment per 48 CFR 31.205-6(0(1)and AASHTO Audit Guide Ch.7.11 as documentation not available to demonstrate that bonus policy was communicated to employees or that bonus distribution was based on performance. R-$28,077 associated cost adjustment related to unallowable charitable labor and bonus distribution per 48 CFR 31.201-6,see worksheet S-Adjustments to the following accounts related to general ledger testing,see worksheet: Client Recognition/Development-$5,231 adjustment for entertainment,gifts and unallowable advertising per 48 CFR 31.205-14,31.205-13(b)and 31.205-1(f) Conferences-$10,686 adjustment for lobbying and unallowable promotional material per 48 CFR 31.205-22 and 31.205-1(f) Dues/Subscriptions-$305 adjustment for unallowable advertising per 48 CFR 31.205-1(f) Employee Education/Professional Development-$2,755 adjustment for unallowable public relations/advertising per 48 CFR 31.205-1(f)(1) Employee Recruitment/Recognition-$3,365 adjustment for gifts and entertainment per 48 CFR 31.205-13(b)and 31.205-14 Meals/Travel/Lodging-$3,354 adjustment for entertainment and unallowable travel costs per 48 CFR 31.205-14 and 31.205-46 Meetings Expense-$8,301 adjustment for entertainment per 48 CFR 31.205-14 Miscellaneous Expense-$14,715 adjustment for GSA contract fee pass-through expense per 48 CFR 31.202 Office Supplies-$1,020 adjustment for entertainment and gifts per 48 CFR 31.205-14 and 31.205-13(b) Printing-$280 adjustment for entertainment per 48 CFR 31.205-14 Professional Fees-$438 adjustment for unallowable advertising per 48 CFR 31.205-1(f)(1) Exhibit E Sub-consultant Cost Computations Refer to section VI "Sub-Contracting" of this AGREEMENT. The Agency permits subcontracts for the following portions of the work of this agreement: Right-of-Way acquisition services as outlined in the Scope of Work(Exhibit A-1) by Universal Field Services, Inc. See the following attached documents: Subconsultant Fee Determination- Summary Sheet 21st Ave S Pedestrian Improvements Subconsultant Cost Breakdown Indirect Cost Rate Certification Agreement Number: AG 15- WSDOT Form 140-089 EF Exhibit E Page 1 of 1 Ravicpri In/3n/2n1d EXHIBIT E: 21ST AVE S PEDESTRIAN IMPROVEMENTS Universal Field Services Direct Salary Cost(DSC): Classification Man Hours x Rate = =Cost Quality Assurance 5.0 x $ 54.00 $ 270.00 Project Mangaer 34.5 x $ 42.00 $ 1,449.00 Acquisition Specialist 73.5 x $ 38.00 $ 2,793.00 Sr Admin Specialist 23.0 x $ 29.00 $ 667.00 Total DSC = $ 5,179.00 Overhead(OH): OH Rate x DSC of 48.09% x $ 5,179.00 $ 2,490.58 Fix Fee (FF): FF Rate x DSC of 28.00% x $ 5,179.00 $ 1,450.12 Reimbursables: Itemized $ 6,064.00 Subconsultant Costs(See Exhibit E): GRAND TOTAL $ 15,183.70 1 To v1 0 Li) .-1 O9 N i a, N C7• • O S[ Ir1 '" v a n m ..-1.1 Y1 .t . 12_.0 "L L t _ '_ 'IR N .-I If1 M 70 y h •t. W N of ti ,N N H• LL N►N ill. 14 i/F L 'V' O yi $. J 00 0o T, N. y1 = y 4 O� m N N lD L b v N .0 O C a, N M -- H N N C. E .G IA. N a CD e. C = $ fl @� W •m g , m v Ln 7 'y M "� V a0 o cl a, f. -0 Q N N N N in. -0 > LL i 0 C sp V ti g m o c N CO V CO N 7 Y. a, c °o i <. To i or N N e-1 N t 0 ay1 ,r1 in �N Q 0 "6 co y col N M V 5 i C U O_m tto H ._ e Zar W c W m CC a 2 a' G W 1 0 " O CC I- its p< 1 (T3 W V`o. Z Q CC a N 73 oc @ o I- J a J W N) _.C n Q W to a, a, W N a t E N CC d C a a m LU in U ^ c w W N m a 2 a Z > v v U O p_ O Q `^ y_ >". CU ate.. 7 0 -0 U w v N �? E c �' l'... + ,ro o v a, ( ) W IA o'IN 0 H +_' v ti v N W EaQ E• @ ao c ° a, E W Q .-I j a E v Y w ;� W Y A CV a' — t o i O c '67, co O D U Ns. Q u Y 1p M ,111 F- T y N a/ Y1 40 ci N ,C a a -a v co ca ya Q DA x a, O N i N a?J Lap W H OG a a Q a a a December 4,2014 Universal Field Services, Inc. City of Federal Way-21st Avenue South Right of Way Acquisition Services-Fee Estimate DIRECT SALARY COSTS(DSC) Personnel Hours age SCI 1 Quality Assurance 5.0 X $54.00 = 270.00 2 Project Manager 34.5 X $42.00 = 1,449.00 3 Acquisition Specialist 73.5 X $38.00 = 2,793.00 4 Sr Administrative Specialist 23.0 X $29.00 — 667.00 Total Hours 136.0 Subtotal Direct Salary Costs(DSC)= 5,179.00 Overhead(OH) 48.09% of DSC= 2,490.58 Fixed Fee(FF) 28% of DSC= 1,450.12 TOTAL DSC= 9,119.70 DIRECT NONSALARY COSTS(DNSC) Mileage 1000 miles© $ 0.560 560.00 Miscellaneous Expenses(see note 4 below) 200.00 TOTAL DNSC= 760.00 SUBCONSULTANTS Appraisal (1 each) Strickland Heischman&Floss 4,400.00 Appraisal Review (1 each) The Granger Company 800.00 Administrative(2%for B&O,etc.) 104.00 TOTAL SUBCONSULTANT FEES= 5,304.00 TOTAL ESTIMATED AMOUNT = 15,183.70 Notes: 1.) Universal reserves the right to re-negotiate estimate total if Notice to Proceed not provided within 180 days from the date of this estimate. 2.) Mileage to be billed at$0.560/mile or the approved IRS rate at the time mileage is incurred. 3.) See Table A in the Scope of Work for list of parcels impacted and the real property rights to be acquired from each. 4.) Reimbursable miscellaneous expenses,including but not limited to:ferry fees, postage, parking printing, long distance telephone,etc.,at cost-no markup. 5.) This fee estimate and related scope of work is based on preliminary information. Right of way plans, design plans, or other reliable information is not available. 6.) It is assumed federal funds are included in the right of way acquisition phase. 7.) This estimate excludes potential coordination of parking lease modifications between the property owner and Sound Transit/Federal Way Transit. f U C N d U N a6ea�iyy o v a) ii oo wu Pty o Ws tn to ill q� oia�; o O T Or W co d0 o • o v r- 0° o$ �oo 000 r en W a6eaN o H_ E IO ml Q uiwpb I NI le e 11 !t ov000ao2 c W.o fiaN � m in 3 O v�ac01 o o 0) !Vd ICo 0z T 6 In 7 CD o VC) _ 00 O O N- - O 0 Q� m > E n Q a, a. c CO LL luawase3 0 .o' m a £ .t- I Q Isuoo dwej X U c U U c m _ ` , a co C o m W c aidwS x o I3 as d Plied W4°p wi agg o E aEQU m"' W m �$ ' I d y d - c w-O v J mad� a a a 2a o U it ce e 0. . v. 0 0. o el E a 2 a 0 c, o s I 8 To li ._ 0 a U o 0. zo N a. d R N m ~ S' a I 0 I ' m N I y . r U) z Z E G) v 4) 0 • SH & H December 1, 2014 Mitch Legel Northwest Regional Manager Universal Field Services, Inc. 111 Main Street, Suite 105 Edmonds, WA 98020 e-mail: mlegel @ufsrw.com Re: Federal Way Acquisition Dear Mr. Legel: As per our recent correspondence, our firm will supply you with appraisal services concerning the above mentioned acquisition (Cratsebberg Properties, LLC, Parcel No. 0921049297). This action involves a partial acquisition that will impact on-site parking for the property in question. In order to analyze the impacts of the acquisition on the whole property a "before" and "after" methodology is considered appropriate. The format of this appraisals will follow USPAP requirements, and WSDOT guidelines. The appraisal format most likely used for this property will be a Narrative Report. Our fees for this appraisal will be $4,400, with a delivery date of thirty days from your notice to proceed. It is noted that other experts may be required (parking lot re-design costs, etc.), which would be in addition to our fees. Should you have any questions or comments concerning this proposal, or other items do not hesitate to contact our office. Respectfully submitted, r antes L. Hoss, MAI, SR/WA II Strickland, Heischman & Hoss 1 6419 Lakewood give West 1 Tacoma, Washington 98467 I p 253 564 3230 1 f 253 564 3143 VW: Washington State Memorandum Department of Transportation April 30, 2014 • TO: Erik Jonson,WSDOT Contracts Administrator MS 47323 FROM: Martha Roach, Agreement Compliance Audit Manage SUBJECT: Universal Field Services, Inc. Indirect Cost Rate for fiscal year end October 31, 2013 The Oklahoma Department of Transportation (ODOT)has concluded their cognizant review of Universal Field Services for the above referenced fiscal year. ODOT is the Cognizant State for Universal Field Services. As such ODOT has performed its cognizant review and accepted the audit performed by Stanfield& O'Dell, CPAs. ODOT provided us a copy of the acceptance letter along with the CPA audit report. Based on ODOT's acceptance of Universal Field Services Indirect Cost Rate, we are issuing this letter establishing Universal Field Services rate for the fiscal year ending October 31, 2013 at 48.09%of direct labor. Costs billed to agreements will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement. If you have any questions,feel free to call me at(360) 705-7006 or via email at roachma@wsciotwa.gov Attachment cc: Steve McKerney File DOT Form 700-008 EF Revised 5/99 OKLAHOMA DEPARTMENT OF TRANSPORTATION 43 1,4. 0,z • j-�;= 200 N. E. 21st Street o, \\ cb Oklahoma City, OK 73105-3204 April 29,2014 Veda Hester, Controller - Universal Field Services 6666 S.Sheridan Road, Suite 230 • Tulsa, OK,74133 Dear Ms,Hester: We have performed a cognizant review of the examination, and supporting workpapers, of the Indirect Cost Rate of EST Inc,for the year ended October 31,2013 in accordance with our role as Cognizant Agency as defined in 23 U.S.C. 112(b)2(c)and 23 CFR 172.3 • and 172.7.The examination was performed by Stanfield &O'Dell,CPAs.The CPA represented that the examination was conducted in accordance with Government Auditing Standards as promulgated by the Comptroller General of the United States of America,and the examination was designed to determine that the indirect cost rate was established in accordance with Cost Principles contained in the Federal Acquisition Regulation 48 CFR Part 31, Our review was performed in,accordance with the AASHTO Review Program for CPA Audits of Consulting Engineers'Indirect Cost Rates. In connection with our review,nothing came to our attention that caused us to believe that the examination, and supporting workpapers for the Indirect Cost Rate, and the related Accountant's Report,we reviewed did not conform in all material respects to the aforementioned regulations and auditing standards. We recommend acceptance of the following rates: Overhead Rate 48.09% David Green, Manager ODOT External Audits Branch "Mc mission of rite OhlnIrostn Department ofTrnsuporindon Is 10 provide n safe,economical,and QJfoctl Po transporin(tou network for lire peoplr,commerce oud comma/his of Oklahoma." AN EQUAL OPPORTUNITY EMPLOYER Exhibit F Title Vi Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY,Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS"), which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non-discrimination: The CONSULTANT, with regard to the work performed during this 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 this 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 performed under a sub-contract, including procurement of materials or leases of equipment, each potential sub- consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT's obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the AGENCY, the STATE, or the Federal Highway Administration(FHWA) to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, the STATE, or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non-compliance: In the event of the CONSULTANT's non-compliance with the non- discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE, or the FHWA may determine to be appropriate, including, but not limited to: • Withholding of payments to the CONSULTANT under this AGREEMENT until the CONSULTANT complies, and/or; • Cancellation, termination, or suspension of this AGREEMENT, in whole or in part. 6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through (5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub-consultant or procurement as the STATE, the AGENCY, or FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub-consultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY enter into such litigation to protect the interests of the STATE and/or the AGENCY and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. Agreement Number: AG 15- WSDOT Form 140-089 EF Exhibit F Page 1 of 1 RPv►cpri 1 n/3n/2n14 Exhibit G Certification Documents Exhibit G-1(a) Certification of Consultant Exhibit G-1(b) Certification of City of Federal Way Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying Exhibit G-4 Certificate of Current Cost or Pricing Data Agreement Number: AG 15 -_ WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Rpvicpd 1 n/.4n/2n1 i Exhibit G-1(a) Certification of Consultant I hereby certify that I am the and duly authorized representative of the firm of MacKay & Sposito, Inc. whose address is 33400 8th Ave South, Suite 130; Federal Way, WA 98003 and that neither the above firm nor I have: a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure this AGREEMENT; b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or c) Paid, or agreed to pay, to any firm, organization or person(other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with,procuring or carrying out this AGREEMENT; except as hereby expressly stated(if any); I acknowledge that this certificate is to be furnished to the WSDOT and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Timothy Schauer, President - MacKay & Sposito, Inc. Consultant(Firm Name) .ignature(Autho'zed • icial . ,consultant) Date Agreement Number: AG 15 - WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Ravicad 1n/.4n/2M4 Exhibit G-1(b) Certification of The City of Federal Way I hereby certify that I am the: fj Mayor, Jim Ferrell mi Other of the City of Federal Way , and MacKay& Sposito, Inc. or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: a) Employ or retain, or agree to employ to retain, any firm or person; or b) Pay, or agree to pay, to any firm,person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): I acknowledge that this certificate is to be furnished to the WSDOT and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. •2a2 7// Da e Agreement Number: AG 15 - WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Rnvicnd 111/111/9111 A Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; B. Have not within a three (3)year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local)transaction or contract under a public transaction; violation of Federal or State anti-trust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph(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 and local)terminated for cause or default. II. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Timothy Schauer, President- MacKay & Sposito, Inc. Consultant(Firm Name) i /�� AWL ignature(Authoriz-1 0 ial of Con-rant) Date Agreement Number: AG 15 - WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Or.,ice.J IWW1/1114 A f Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 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, a officer or employee of Congress, or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant,the making of any Federal loan, the entering into of any cooperative AGREEMENT, and the extension, continuation, renewal, amendment, or modification of Federal contract, grant, loan or cooperative AGREEMENT. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00, and not more than $100,000.00, for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier sub-contracts, which exceed $100,000, and that all such sub-recipients shall certify and disclose accordingly. Timothy Schauer, President - MacKay & Sposito, Inc. Consultant(Firm Name) ...ignature(Authorized• ►al of Co ultant) Date Agreement Number: AG 15 - WSDOT Form 140-089 EF Exhibit G Page 1 of 1 17n.,:cn,1 I n/4n/7M A Exhibit G-4 Certificate of Current Cost or Pricing Data This is to certify that, to the best of my knowledge and belief, the cost or pricing data(as defined in section 2.101 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted, either actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer's representative in support of 21st Ave S Pedestrian Improvements * are accurate, complete, and current as of December 30, 2014 **. This certification includes the cost or pricing data supporting any advance AGREEMENT's and forward pricing rate AGREEMENT's between the offer or and the Government that are part of the proposal. Firm: Timothy Schauer, President- MacKay & Sposito, Inc. :A A President ignature Title Date of Execution***: • *Identify the proposal,quotation,request for pricing adjustment,or other submission involved,giving the appropriate identifying number(e.g.project title.) **Insert the day,month,and year,when price negotiations were concluded and price AGREEMENT was reached. ***Insert the day,month,and year,of signing,which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. Agreement Number: AG 15- WSDOT Form 140-089 EF Exhibit G Page 1 of 1 0n..:,n.4 4/V911/9114A Exhibit H Liability Insurance Increase To Be Used Only If Insurance Requirements Are Increased The professional liability limit of the CONSULTANT to the AGENCY identified in Section XIII, Legal Relations and Insurance of this Agreement is amended to $ The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the amount of$ Such insurance coverage shall be evidenced by one of the following methods: • Certificate of Insurance. • Self-insurance through an irrevocable Letter of Credit from a qualified financial institution. Self-insurance through documentation of a separate fund established exclusively for the payment of professional liability claims, including claim amounts already reserved against the fund, safeguards established for payment from the fund, a copy of the latest annual financial statements, and disclosure of the investment portfolio for those funds. Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed $1 million per occurrence or the value of the contract, whichever is greater, then justification shall be submitted to the Federal Highway Administration (FHWA) for approval to increase the minimum insurance limit. If FHWA approval is obtained,the AGENCY may, at its own cost, reimburse the CONSULTANT for the additional professional liability insurance required. Notes: Cost of added insurance requirements: $ • Include all costs, fee increase, premiums. • This cost shall not be billed against an FHWA funded project. • For final contracts, include this exhibit. THIS EXHIBIT H IS NOT APPLICABLE Agreement Number: AG 15- WSDOT Form 140-089 EF Exhibit H Page 1 of 1 Rnvi¢mri 1 NZn/9n1 a Exhibit I Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1 Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence,the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs, records of labor, materials and equipment. Step 3 Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further,the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project 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 LP, through the Region Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements. No further action is required. • There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. Agreement Number: AG 15- WSDOT Form 140-089 EF Exhibit I Page 1 of 2 O... :�...4 411/911/7A44 Step 5 Forward Documents to Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary, LP will request assistance from the Attorney General's Office for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement. • If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. LP, in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue. • If mutual agreement is not reached,the agency and consultant may seek settlement by arbitration or by litigation. Agreement Number: AG 15- WSDOT Form 140-089 EF Exhibit I Page 2 of 2 Exhibit J Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total of$1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1 Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1,the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Local Programs through the Region Local Programs Engineer. If the cla im is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs (if applicable), and FHWA(if applicable) agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim. After the request has been approved, the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures. Agreement Number: AG 15- WSDOT Form 140-089 EF Exhibit J Page 1 of 2 --- ---,III/.fA'INA/I I , Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • Agency's summation of hours by classification for each firm that should be included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; • Explanation regarding those areas in which the Agency does/does not agree with the consultant's claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s); and • Recommendations to resolve the claim. Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Pubic Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5 Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim(s) and rationale utilized for the decision. Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. Agreement Number: AG 15- WSDOT Form 140-089 EF Exhibit J Page 2 of 2 ��....40 OP ID: MA AA4CC)REY CERTIFICATE OF LIABILITY INSURANCE ' DATE(MMIY) 02/17/2015 2015 • 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 CONTACT Davidson&Assoc Insurance PHON:PHONE FAX 610 Esther St Ste 101 (AIC.No,Ext): (NC,No): Vancouver,WA 98660 E-MAIL ADDRESS: Tony Johnson PRODUCER CUSTOMER ID#:MACKA-1 INSURER(S)AFFORDING COVERAGE NAIC# INSURED Mackay Sposito INSURER A:Travelers Indemnity Company 25666 dba: Mackay&Sposito Inc. INSURER B:CNA Tim Schauer 1325 SE Tech Center Dr Ste140 INSURER C: Vancouver,WA 98683 INSURER D: INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: 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 TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS LTR JNSR WVD POLICY NUMBER (MMIDDIYYYY) (MM/DDIYYYY) GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X 6801465R248 05131/2014 05/31/2015 DA A E TO REN 300,000 PREMISES(Ea occurreTED n ce) $ CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 5,000 X OCP 6801465R248 05/31/2014 05/31/2015 PERSONAL&ADV INJURY $ 1,000,000 X STOP GAP-WA 6801465R248 05/31/2014 05/31/2015 GENERAL AGGREGATE $ 2,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X JECOT LOC Stop Gap $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) A X ANY AUTO BA1519R231 05131/2014 05131/2015 BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ X SCHEDULED AUTOS PROPERTY DAMAGE $ X HIRED AUTOS (PER ACCIDENT) X NON-OWNED AUTOS Comp ded $ 500 Coll ded $ 500 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 A - CUP002275R997 05/31/2014 05/31/2015 DEDUCTIBLE FLLW FORM $ INCLUDED X RETENTION $ None $ WORKERS COMPENSATION WC STATU- 0TH- AND EMPLOYERS'LIABILITY X TORY LIMITS ER Y A ANY PROPRIETOR/PARTNER/EXECUTIVE N NIA UB3496T449 05/31/2014 05/31/2015 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) OR/UT/ID E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 B PROFESSIONAL LIAB AEH591857778 05131/2014 05/31/2015 PL LIMIT 3,000,000 B POLLUTION AEH591857778 05/31/2014 05/31/2015 POLLUTION INCLUDED DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) RE:21sA Avenue S.Pedestrian Improvements(S 316th St.to S 320th St.) City of Federal Way is additional i sured when required by written contact and subject to olic9y rovisions.Additional insured wording does not apply to Professional Liability. CERTIFICATE HOLDER CANCELLATION CITYOFF SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Federal Way THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ty y ACCORDANCE WITH THE POLICY PROVISIONS. 33325 8th Ave South Federal Way,WA 98003 AUTHORIZED REPRESENTATIVE tJ'M/��/'LL-+'� G ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD