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AG 20-004 - DKS AssociatesRETURN TO: PW ADMIN EXT: 2700 ID #: 3890 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATINGDEPT/DIv: PUBLIC WORKS J CAPITAL PROJECTS 2. ORIGINATING STAFF PERSON: CHRI5TINE MULLEN EXT: X2723 3. DATE REQ. By. 26-MAR-2021 3. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION �f CONTRACT AMENDMENT (AG#): AG 20-004 ❑ INTERLOCAL ❑ OTHER 4. PROJECT NAME' SW DASH POINT RD / 47TH AVE 5W COMPACT ROUNDABOUT 5. NAME OF CONTRACTOR: DK5 A550CIATF5 ADDRESS: 719 SECOND AVE, 5UrTE 1 250 5EATi LE. WA 96104 TELEPHONE: (2QG)43G-0262 E-MAIL: FAx: SIGNATURENRN(E: TITLE: 6. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # BL, EXP. 12/31/ UBI # . EXP. / / 7. TERM: COMMENCEMENT DATE: JANUARY 14, 2020 COMPLETION DATE: DECEMBER 3 1 , 2021 8. TOTAL COMPENSATION: $ $149, 1 95.97 (INCLUDE EXPENSES AND SALES TAX, IF ANY (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: D3G217-241 10 I. DOCUMENT / CONTRACT REVIEW INITIAL 1 DATE REVIEWED INITIAL / DATE APPROVED ❑ PROJECT MANAGER Pl- _ ❑ DIVISION MANAGER SLH /1 /2021 ❑ DEPUTY DIRECTOR _ ❑SW 3/16/2021 _ ❑ DIRECTOR - ❑ RISK MANAGEMENT (IF APPLICABLE ❑ LAW DEPT IER 3/19/2021 10. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: N/A COMMITTEE APPROVAL DATE: N/A SCHEDULED COUNCIL DATE: N/A COUNCIL APPROVAL DATE: N/A 11. CONTRACT SIGNATURE ROUTING j ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: 3 1 I DATE REC'D: 3' 1 ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDERINOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE (INCLUDE DEPT. SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.) INITIAL / DATE SIGNED ❑ FINANCE DEPARTMENT 107 ❑ LAW DEPT 7YSIGNATORY (MAC OR DIRECTOR) Zary CLERIC ! ❑ ASSIGNED AG # AG -� ❑ SIGNED COPY RETURNED DATE SENT: COMMENTS: ,, AA .� ++ f R �i EXECUTE" ORIGINALS. I�`us-y iS1 Cqf4 1 � BWE INK I1-020 AMIL Washington State Department of Transportation Supplemental Agreement Number 02 Original Agreement Number AG 20-004 Organization and Address DKS Associates 719 Second Ave, Suite 1250 Seattle, WA 98104 Phone: .206 436-0282 Project Number Execution Date Completion Date 217 January 14, 2020 December 31, 2021 Project Title New Maximum Amount Payable SW Dash Point Rd / 47th Ave SW Compact Roundabout $149,195.57 Description of Work Engineering services for the design of a compact roundabout at the intersection of SW Dash Point Road and 47th Avenue SW (currently minor leg stop controlled). The Local Agency of City of Federal ay desires to supplement the agreement entered in to with DKS Associates and executed on January 14, 2020 and identified as Agreement No. AG20 004 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 1, SCOPE OF WORK, is hereby changed to read: See attached Exhibit -A-1 for changes to the scope of work. 11 Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: No Change III Section V, PAYMENT, shall be amended as follows: See attached Exhibit D-2 & E-1 for changes to the contract amount. as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate spaces below and return to this office for final action. By; Richard Hutchinson.P-E. DKS Associates � Consultant Signature By;_Jim Ferrell, Mayor, City of Federal Way Approvih g Authority Signature 03/3//,�/ Date DOT Form 140-063 Revised 09/2005 Exhibit "A" Summary of Payments Basic & Supp Agreement #1 Supplement # 2 Total Direct Salary Cost $46,051.35 $2,474.52 $48,525.87 Overhead (Including Payroll Additives) $76,011.20 $4,359.46 $80,370.66 Direct Non -Salary Costs $6,214.37 $0 $6,214.37 Fixed Fee $13,342.31 $742.36 $14,084.67 Total $141,619.23 $7,576.34 $149,195.57 DOT Form 140-063 Revised 09/2005 EXHIBIT A-1 Scope of Work City of Federal Way SW Dash Point Road / 471h Avenue SW Compact Roundabout DKS Associates Supplement #2 Purpose The purpose of this supplement is for the added scope of work to the federally funded SW Dash Point Road / 47th Avenue SW Compact Roundabout project. Work Element 7 Design Report The Element 7 is added with the following: 7.11 The design plan needs to accommodate the pedestrian crossing on SW Dash Point Road that was required by WSDOT. 7.12 The consultant will add flashing beacon sign at all three approaches with details. Work Element 8 Final Design The Element 8 is modified as the following: 8.9 Prepare intersection detail sheet showing layout and elevations for the roundabout and all new curbs and ramps. o.-,.-,.,w ^enleFNRe PFOfiles aFe n^t ReGessary as the pFaje- i will geRerally be withiR the existing roadway except at the The consultant will prepare roadway plan and profile to show the slope changes along Dash Point Rd and SW 47th Ave SW, includes the cross -slopes of the proposed pedestrian crossings. City of Federal Way Page 1 of 1 DKS Associates SW Dash Point Road / 47th Ave SW City of Federal Way SW Dash Point and 47th Ave SW Compact Roundabout Fee Estimate for Engineering Services: Suplement #2 DKS Associates EXHIBIT D-2 812712020 Position Principal In Charge Project Project Analysis Traffic Assistant Admin Manager Engineer Lead Modeler Engineer Direct Hourly Rate $80.00 $63.49 $44.00 $72.00 $45.UD $35.00 528.87 Overhead 187.52% Billing Rate $254.02 $201.59 $139.71 $2213.61 $142.88 $111.13 $91.67 Fee 30% Work Element 1: Project Management 2 $403.19 General PM and Invoices 2 Meetings and Coorinations Work Element 2: QAIQC 4 4 $806.37 Work Element 3: Topographic Mapping 0 $0.00 Work Element 4: Environmental 0 $0.00 Work Element 5: Traffic Analysis Report 0 $0.00 Work Element 6: Geotechnical Report 0 SC.00 Work Element 7: Design Report 2 a 1 6 16 $2,187.65 Work Element 8: Final Design 12 $1.505.04 Plan Roundabout 2D is out, lighting Ian, traffr rnntrn an 6 6 SPECififatiOnS Cost Estimates Work Element 9: Plan Production 0 $0.00 Work Element 10: Assistance During Bidding. 0 $0.00 Work Element 11: WSDOT Approval o S0.00 Work Element 14: Construction Management (CM) - OPTIONAL SERVICES Work Element 15: Construction Services - OPTIONAL SERVICES Work Element 16: Construction Closeout - OPTIONAL SERVICES Subtotal Labor Hours 0 8 14 0 0 12 0 $0.00 $1.612.75 $1,955.92 $0.00 $0.00 $1.333.58 $0.00 34 $4,902.26 Subtotal Labor Costs Sub Consultants EXPENSES Travel - Parking and Mileage SCJ Work Elemant 8 BASE SERVICE OPTIONAL SERVICES $2,674.08 BASE SERVICE TOTAL COST (Labor + Overhead + Expenses + Fee) $7,576.34 TOTAL BREAKDOWN (DR S+ SCJj DKS SCJ TOTAL Direct Salary Cost $1,543.92 $ 930.60 $ 2,474.52 Overhead $2,895.16 $1,464.30 $ 4,359.46 Direct Non -Salary Cost $ - $ - $ - Fixed Fee $ 463.18 $ 279.18 $ 742.36 Total $4,902.26 $2,674.08 $ 7,576.34 EXHIBIT B Labor Hour Estimate EXHIBIT E-1 SCJ Alliance Client: City of Federal Way Project: SW Dash Point & 47th Ave SW Compact Roundabout Job #: 18997 File #: N:\Projects\l897 DKS Associates\1897.01 SW Dash Point Rd 47th Ave SW Compact RAMProject Management\Amendment 1 Senior Project Senior Senior Task No. Task Description Manager- Project Designer - Corey Jurcak Manager- Matt Brad Shea Weyrauch Phase 1 Work Element 08 - Final Design 2.0 2.0 16.0 Phase 1 Total Hours: 2.0 2.0 16.0 Rate: $74.52 $63.26 $40.94 Overhead on Direct labor : $117.26 $99.54 $64.42 Total Phase 01 - Amendment 01 Cost by Employee: $149.04 $126.52 $655.04 Shea, Carr Jewell, Inc. 1 of 2 3/15/2021 Consultant Fee Estimate SCJ Alliance Client: City of Federal Way Project: SW Dash Point & 47th Ave SW Compact Roundabout Job #: 18997 File #: NV P Odell S97 DKS Asgoclales1199TO1 9W Dash PoinI Rd 47€h Ave 3W Cum C RAB1Pra-eci Mane ementWmendmenl 1 . Praposed11697.01 Amendment 01 Proposed -FEE 2020 0513.xls Consultant Fee Determination DIRECT LABOR REVENUE Discipline Hours RdfA Amount Senior Project Manager 2.0 $74.52 $149.04 Senior Project Manager 2.0 $63.26 $126.52 Project Manager 0.0 $44.79 $0.00 Project Engineer 16.0 $40.94 $655.04 Total $930.60 Overhead on direct labor 157.35% $1,464.30 Fee on direct labor 30.00% $279.18 Total SC1 Alliance Fee Phase 01 - Amendment 01 ####### Shea, Carr & Jewell 3/15/2021 Page 2 RETURN TO: PW ADMIN EXT: 2700 ID #: 3l l5 I I CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/Div: PUBLIC WORKS I C!42+Rl Prq ,:f,3 2. ORIGINATING STAFF PERSON: QWisfl ie Wen EXT: X2723 3. DATE REQ. BY: 12-Mar-2020 3. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.(,,. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION 64 CONTRACT AMENDMENT (AG#)- AG 20-001 ❑ INTERLOCAL ❑ OTIIER PROJECT Xkmr.: SW Dash Pomf Rd / 47th Ave SW Compac+ Roundabout NAME OF CONTRACTOR: ADDRFSS: 714 Se -cord A E-MAIL: djkksQS50cl SIGNATURE NAME: P611% DKS Associates TELEPHONE: (206)116-0.2$2 r- �kx: TITLE'. Pr1rco 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 k , EXP. 7. TERM: COMMENCEMENT DATE: COMPLETION DATE: December 31, 2021 TOTAL COMPENSATION: $ $141,619.23 (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: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGF.: RFTAINAGE AMOUNT: .n RFTAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE. TO: USb. 9. DOCUMENT / CONTRACT REVIEW PROJECT MANAGER DIVISION MANAGER DEPUTY DmE-CTOR DW ECi`OR RISK MANAGEMENT (IF APPLICABLE) .LAW DEPT 10. COUNCIL APPROVAL (IF APPLICABLE) 11. CONTRACT SIGNATURE ROUTING MEN SCHEDULED COMMITTEE DATE: _ YI&I _ SCHEDULED COUNCIL DATE: No COMMITTEE APPROVAL DATE: ___n/a COUNCIL APPROVAL DATE: yl/a _ ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE.., LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDERlNOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (INCLUDE DEPT. SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.) INITIAL / DATE SIGNED ❑ FINANCE DEPARTMENT ❑ LAW TPT NAI URY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG # ❑ SIGNED COPY RETURNED C0MMFN,rS: rt, vi DATE SENT: WSDOT F ftf we cia + I had a pMPnc wan'.,ersation with Fri:_ wneri he was revl v in':{ rhrc� 11 -me a he rl_ 11erodinq that we dv nat Gxtcutc this change order. but that it wa- re+Il, ur to M' if we cho� to �aralh M and we 4�3ree6 th,A there were minimal d0WneTCJt* to the City fpote"tolK a srn,0 incrzasc it o t:s ,f Dr-1 eavrc their gguarantced fuCd Fee], but that it was an honest mistake on Pr5s part anrk that vrc .varit t;a mz{ntaYl a 3r 1 :-. I .:.'i I :rrr and have them wart to cominlie UZ= to work with the City on future proje s F+Flex receive+nd +Iv• b+ct from law, 5arair 11 uWiLLaL j .ve aF -uld proceed with executing this change order. Am v7VhtWMngton State V Department of Transportation Supplemental Agreement Organization and Address Number 01 DKS Associates 719 Second Ave, Suite 1250 Original Agreement Number Seattle, WA 98104 AG 20-004 Phone: (206)436-0282 Project Number Execution Date Completion Date 217 December 31, 2021 Project Title New Maximum Amount Payable SW Dash Point Rd / 47th Ave SW Compact Roundabout $141,619.23 (no change to total contract amount) Description of Work Engineering services for the design and construction of a compact roundabout at the intersection of SW Dash Point Road and 47th Avenue SW (currently minor leg stop controlled). The Local Agency of Citv of Federal Wav desires to supplement the agreement entered in to with DKS Associates and executed on January 14.2020 and identified as Agreement No. AG 20-004 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 1, SCOPE OF WORK, is hereby changed to read: No Change II Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: No Chance III Section V, PAYMENT, shall be amended as follows: See attached Exhibit D-1. DKS's portion of the of the original contract had a 10% Fixed Fee. DKS desires to adjust this to their typical 30%, and will lower their labor hours accordingly in order to not have an increase in contract amount. DKS's portion of the overall contract remains the same as the original contract. All subconsultant costs remain the same the original contract. Total project cost remains the same as the original contract. as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate spaces below and return to this office for final action. By. Richard Hutc ' on P.E. DKS Associates Consultant Signature By: Jim Fcrrcll -Mayor-City of Federal Way r f , ' Approving Authority Signature Date DOT Form 140-063 Revised 09/2005 Exhibit "A" Summary of Payments Basic Agreement Supplement #1 Total Direct Salary Cost $47,347.35 -$1,296.00 $46,051.35 Overhead (Including Payroll Additives) $78,441.48 -$2,430.26 $76,011.22 Direct Non -Salary Costs $6,234.38 -$20.01 $6,214.37 Fixed Fee $9,596.04 $3,746.27 $13,342.31 Total $141,619.23 $0.00 $141,619.23 DOT Font 140-063 Revised 09/2005 Exhibit D-1 City of Federal Way SW Dash Point and 47th Ave SW Compact Roundabout Fee Estimate for Engineering Services DKS Assocaites 3/3/2020 Position Direct Hourly Rate' Bitting Rate Principal Principal In Charge Project Manager Project Engineer Analysis Lead Traffic Modeler Assistant Engineer Overhead Fee 187.52% 30% $80.00 S63 ti9 ; r,4 00 S7200 54500 $a5.00 23.67 $254.02 $201.59 $139.71 $228.61 $742.88 $117.13 $91.67 Work Element 1: Project Management General PM and Invoices 70 $12,618.37 1 24 12 Meetings and fio Coorinans 1 16 $ 8 36 $7.676.74 Work Element 2: QA1 C Work Element 3: Topographic Mapping 8 1 28 I , WHPaciTnc Work Element 4: Environmental Widner Work Element 5: Traffic Analysis Report 4 16 , 32 52 $8.786.95 Work Element 6: Geoteehnical !!e GeoDesign Work Element 7: Design Report 4 12 30 46 $5,816.84 i Work Element 8: Final Design Roundabout 21) lavout. landscape. rightina, traffic contra plan Typical section, Roadway, Site Prep, Intersection, Drainage, TIR, Retaining wall. 3-D design Soewfications Cost Estimates 116 $16,072.23 a 16 40 SCJ 8 24 4 4 8 4 Work Element 9: Plan Production 1 4 8 12 $1,447.89 Work Element 10: Assistance During Bidding. 2 8 10 $2,120.78 Work Element 11: WSDOT Approval s 6 1 16 10 42 $6,99154 I �r' Subtotal Labor Hours 20 55.0W 08 $21.772 $12,853 24 $5.487 32 $4.572 96 $10.669 12 $1.100 384 $61„533-34 Subtotal Labwt osts Sub Consultants WHPacific Work Element 3 WIDNER Work Element 4 GeoDESIGN Work Element 6 SCJ 14rork Element 7, 8 (partial) $ 14,150.44 $ 16,034.00 $ 9,721.00 $ 39,700.46 EXPENSES Travel - Parking and Mileage BASE SERVICE $ 479.99 BASE SERVICE TOTAL 06(F-abor+ i7 ierhLad + Expenses + Fee) $ 141,619.23 RETURN TO: PW ADMIN EXT: 2700 ID #: 3(-�20 2-- 2-1-7 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/Div: PUBLIC WORKS / CAPITAL ENGINEERING it 2. ORIGINATING STAFF PERSON. CHRISTINE MULLEN EXT: X2?23 3. DATE BY : ASAP 3. : Chrise Is on Vacafbm unttl TYPE OF DOCUMENT (CHECK ONEftn ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) 06-7an-2020 If review is El PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CON ACT done earlier ftlan thls date, XI PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT please return to Sarah Hamel ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED EYQq' MENTS) J ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL ❑ OTHER 4. PROJECT N,v%w: SW DASH POINT RD / 47TH AVE SW COMPACT ROUNDABOUT 5. NAME OF CON IRACTOR: DKS ASSOCIATES ADDRESS: ?19 SECOND AVE, SUITE VSO S EA7ULF, WA 98101 TELEPHONE: 204- %2_ O E-MAIL 1Pa !!MI& L' kSD55C]ctPk1 5 • MM FAX: SIGNATURE NAME: TS�j TITLE: 6. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # BL, EXP. 12/31/ UBI # , EXP. i/—/ 7. TERM: COMMENCEMENT DATE: UPON EXECUTION COMPLETION DATE: 31-DEC-2021 8. TOTAL COMPENSATION: $ $ M1,619.23 (INCLUDE EXPENSES AND SALES TAX, IF ANY (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES REIMBURSABLE EXPENSE: P(YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES XNO IFYES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE; RETAINAGE AMOUNT: NIA ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED fX PURCHASING: PLEASE CHARGE TO: D3621?-29110 9. DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED �3 PROJECT MANAGER m 23-Dec-2019 _ J DIVISION MANAGER , � DE'.PI 11 } DIRECTOR ;�'DIRF.CTOR ❑ RISK MANAGEMENT (IF APPLICABLE /LAW DEPT II� 10. COUNCIL APPROVAL (IF APPLICABLE SCHEDULED COMMITTEE DATE: N/A COMMITTEE APPROVAL DATE: N/A SCHEDULED COUNCIL DATE: N/A COUNCIL APPROVAL DATE: N/A 11. CONTRACT SIGNATURE ROUTING DATE SENT: I`L K DATE REC'D: SENT TO VENDOR/CONTRACTOR ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, Litt ES,EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (INCLUDE DEPT. SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.) INITIAL / DATE SIGNED a FINANCE DEPARTMENT LAW DEPT SIGNATORY (MAYOR OR DIRECTOR CITY CLERK ASSIGNED AG # A "dC:�{ SIGNED COPY RETURNED DATE SENT: - ❑ RETURN ONE ORIGINAL COMMENTS: FxFr E If 2 " ORIGINALS This is a standard"WSDOT form We cannot change it The scope t fees has been prepared bg the consultant We have a pdF version of the document Local Agency A&E Professional Services Cost Plus Fired Fee Consultant Agreement Agreement Number: AG - Firm/Organization Legal Name (do not use dba's): DKS Associates Address Federal Aid Number 719 Second Ave, Suite 1250 Seattle, WA 98104 HSIP-000S(528) ' UBI Number Federal TIN or SSN Number 601 460 417 94-2583153 Execution Date Completion Date December 31, 2021 1099 Form Required Federal Participation ❑ Yes ❑: No ❑: Yes ❑ No Project Title SW Dash Point Road / 47th Avenue SW Compact Roundabout Description of Work Engineering services for the design and construction of a compact roundabout at the intersection of SW Dash Point Road and 47th Avenue SW (currently minor leg stop controlled). ❑ Yes ❑i No DBE Participation Total Amount Authorized: $ 141,619.23 ❑ Yes Q No MBE Participation Management Reserve Fund: $ 0.00 ❑ Yes Q No WBE Participation Maximum Amount Payable: $ 141, 619.23 ❑ Yes Q No SBE Participation Index of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Exhibit J Scope of Work Preparation and Delivery of Electronic Engineering and Other Data Prime Consultant Cost Computations Sub -consultant Cost Computations Title VI Assurances Certification Documents Alleged Consultant Design Error Procedures Consultant Claim Procedures Agreement Number: AG Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0811512019 Page 1 of 14 THIS AGREEMENT, made and entered into as shown in the "Execution Date" box on page one (1) of this AGREEMENT, between the City of Federal Way , hereinafter called the "AGENCY," and the "Firm / Organization Name" referenced on page one (1) of this AGREEMENT, hereinafter called the "CONSULTANT." WHEREAS, the AGENCY desires to accomplish the work referenced in "Description of Work" on page one (1) of this AGREEMENT and hereafter called the "SERVICES;" and does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary SERVICES; and WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish consulting services to the AGENCY. NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I. General Description of Work The work under this AGREEMENT shall consist of the above -described SERVICES as herein defined, and necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor, and related equipment and, if applicable, sub -consultants and subcontractors necessary to conduct and complete the SERVICES as designated elsewhere in this AGREEMENT. II. General Scope of Work The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit "A" attached hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed utilizing performance based contracting methodologies. 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 _ - Local AgencyABE Professional Services Cost Plus Fixed Fee Consultant Agreement Page 2 of 14 Revised 08/15/2019 Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required, per 49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will be shown on Exhibit `B" attached hereto and by this reference made part of this AGREEMENT. If the Prime CONSULTANT is a DBE certified firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY's "DBE Program Participation Plan" and perform a minimum of 30% of the total amount of this AGREEMENT. It is recommended, but not required, that non -DBE Prime CONSULTANTS perform a minimum of 30% of the total amount of this AGREEMENT. In the absents of a mandatory UDBE, a voluntary SBE goal amount of ten percent of the Consultant Agreement is established. The Consultant shall submit a SBE Participation Plan prior to commencing work. Although the goal is voluntary, the outreach efforts to provide SBE maximum practicable opportunities are not. The CONSULTANT, on a monthly basis, shall enter the amounts paid to all firms (including Prime) involved with this AGREEMENT into theprogram Payment information shall identify any DBE Participation. Non-nitnority, \Volitan tmlled DBL-s does not count towards UDBE goal All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C — Preparation and Delivery of Electronic Engineering and other Data." All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this SERVICE, shall be without liability or legal exposure to the CONSULTANT. Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other party by (i) certified mail, return receipt requested, or (ii) by email or facsimile, to the address set forth below: If to AGENCY: Name: 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 IV. Time for Beginning and Completion If to CONSULTANT: Name: Richard Hutchinson, P.E. Agency: DKS Associates Address: 719 Second Avenue, Suite 1250 City: Seattle State: WA Zip: 98104 Email: rjh@kdsassociates.com Phone: (206)436-0282 Facsimile: n/a 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 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Page 3 of 14 Agreement Revised 0811512019 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 " B" and by this reference made part of this AGREEMENT. A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost, indirect cost rate, and direct non -salary costs. 1. Direct (RAW) Labor Costs: The Direct (RAW) Labor Cost is the direct salary paid to principals, professional, technical, and clerical personnel for the time they are productively engaged in work necessary to fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the direct salary costs billed to the AGENCY 2. Indirect Cost Rate (ICR) Costs: ICR Costs are those costs, other than direct costs, which are included as such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall be made at the ICR rates shown in attached Exhibits "D" and "E" of this AGREEMENT. Total ICR payment shall be based on Actual Costs. The AGENCY agrees to reimburse the CONSULTANT the actual ICR costs verified by audit, up to the Maximum Total Amount Payable, authorized under this AGREEMENT, when accumulated with all other Actual Costs. A summary of the CONSULTANT'S cost estimate and the ICR percentage is shown in Exhibits "D" and "E", attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT (prime and all A&E sub -consultants) will submit to the AGENCY within six (6) months after the end of each firm's 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 A&E 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. (excluding Meals, which are reimbursed at the per diem rates identified in this section) These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges and fees of sub -consultants. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with WSDOT's Accounting Manual M 13-82, Chapter 10 — Travel Rules and Procedures, and revisions thereto. Air, train, and rental car costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205-46 "Travel Costs." The billing for Direct Non -Salary Costs shall include an itemized listing of the charges directly identifiable with the PROJECT. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. All above charges must be necessary for the services provided under this AGREEMENT. Agreement Number: AG _ - Local AgencyABE Professional Services Cost Plus Fixed Fee Consultant Agreement Page 4 of 14 Revised 08/15/2019 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." Management Reserve Fund (MRF): The AGENCY may desire to establish MRF to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $100,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the MRF is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the MRF shall be made in accordance with Section XIII, "Extra Work." 6. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the MRF. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIII, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT. B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of Actual Costs plus the ICR and calculated fee on a monthly basis during the progress of the work. Such billings shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under Section III, "General Requirements" of this AGREEMENT. The billings will be supported by an itemized listing for each item including Direct (RAW) Labor, Direct Non -Salary, and allowable ICR Costs to which will be added the prorated Fixed Fee. To provide a means of verifying the billed Direct (RAW) Labor costs for CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, Direct (RAW) Labor rates, and present duties of those employees performing work on the PROJECT at the time of the interview. C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent, if applicable, upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit; all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT has twenty (20) working days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. Agreement Number: AG _ - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 5 of 14 Revised 08/15/2019 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 _ - Local Agency A$E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 6 of 14 Revised 0811512019 Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly retired employees, without written consent of the public employer of such person if he/she will be working on this AGREEMENT for the CONSULTANT. VIII. Nondiscrimination During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub -consultants, subcontractors and successors in interest, agrees to comply with the following laws and regulations: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. Chapter 21 Subchapter V § 2000d through 2000d-4a) • Federal -aid Highway Act of 1973 (23 U.S.C. Chapter 3 § 324) • Rehabilitation Act of 1973 (29 U.S.C. Chapter 16 Subchapter V § 794) • Age Discrimination Act of 1975 (42 U.S.C. Chapter 76 § 6101 et. seq.) • Civil Rights Restoration Act of 1987 (Public Law 100-259) • American with Disabilities Act of 1990 (42 U.S.C. Chapter 126 § 12101 et. seq.) • 23 CFR Part 200 • 49 CFR Part 21 • 49 CFR Part 26 • RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "F" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "F" in every sub -contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX. Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged and any appropriate fixed fee percentage at the time of termination of this AGREEMENT, plus any direct non -salary costs incurred up to the time of termination of this AGREEMENT. No payment shall be made for any SERVICES completed after ten (10) days following receipt by the CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to Agreement Number: AG Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 7 of 14 Revised 08/15/2019 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 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 8 of 14 Revised 0811512019 XII. Legal Relations The CONSULTANT, any sub -consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall defend, indemnify, and hold The State of Washington (STATE) and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the negligence of, or the breach of any obligation under this AGREEMENT by, the CONSULTANT or the CONSULTANT's agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY, their agents, officers, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the STATE and/or the AGENCY may be legally liable; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT or the CONSULTANT's agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally liable, and (b) the STATE and/or AGENCY, their agents, officers, employees, sub -consultants, subcontractors and or vendors, of any tier, or any other persons for whom the STATE and or AGENCY may be legally liable, the defense and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT's negligence or the negligence of the CONSULTANT's agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any AGREEMENT between CONSULTANT and any sub -consultant, subcontractor and vendor, of any tier. The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT's agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any use in connection with the AGREEMENT of methods, processes, designs, information or other items furnished or communicated to STATE and/or the AGENCY, their agents, officers and employees pursuant to the AGREEMENT; provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions resulting from STATE and/or AGENCY's, their agents', officers' and employees' failure to comply with specific written instructions regarding use provided to STATE and/or AGENCY, their agents, officers and employees by the CONSULTANT, its agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. The CONSULTANT's relation to the AGENCY shall be at all times as an independent contractor. Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the CONSULTANT in the procurement of, or performance under, this AGREEMENT. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT's own employees or its agents against the STATE and /or the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. This waiver has been mutually negotiated between the Parties. Agreement Number: AG _ - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 9 of 14 Revised 08/15/2019 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 Ave 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 Local AgencyA&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 10 of 14 Revised 0811512019 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 Local AgencyA&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 11 of 14 Revised 0811512019 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 (ill) 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 - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 12 of 14 Revised 08/15/2019 Violation of this section by the CONSULTANT or its sub -consultants or subcontractors may result in termination of this AGREEMENT and demand for return of all State's Confidential Information, monetary damages, or penalties. It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing such proprietary and/or confidential information shall be clearly identified and marked as "Confidential" and shall be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT. The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT; or (b) as soon as such confidential or proprietary material is developed. "Proprietary and/or confidential information" is not meant to include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party; (iii) is independently developed by or for the other party; (iv) is publicly known; or (v) is generally utilized by unaffiliated third parties engaged in the same business or businesses as the CONSULTANT. The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and/ or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a public disclosure request is made to view materials identified as "Proprietary and/or confidential information" or otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that such records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure, the AGENCY will release the requested information on the date specified. The CONSULTANT agrees to notify the sub -consultant of any AGENCY communication regarding disclosure that may include a sub -consultant's proprietary and/or confidential information. The CONSULTANT notification to the sub -consultant will include the date that such records will be released by the AGENCY to the requester and state that unless the sub -consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure the AGENCY will release the requested information. If the CONSULTANT and/or sub -consultant fail to obtain a court order or other judicial relief enjoining the AGENCY by the release date, the CONSULTANT shall waive and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages, liabilities, or costs associated with the AGENCY's said disclosure of sub -consultants' information. XX. Records Maintenance During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6) years from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain and maintain all "documents" pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all "documents" pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT's place of business during normal working hours. If any litigation, claim or audit is commenced, the CONSULTANT shall cooperate with AGENCY and assist in the production of all such documents. "Documents" shall be retained until all litigation, claims or audit findings have been resolved even though such litigation, claim or audit continues past the six (6) year retention period. For purposes of this AGREEMENT, "documents" means every writing or record of every type and description, including electronically stored information ("ESI"), that is in the possession, control, or custody of the CONSULTANT, including, without limitation, any and all correspondences, contracts, AGREEMENT `s, appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten notes, reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records, work sheets, charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings, Agreement Number: AG Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 13 of 14 Revised 0811512019 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. Signature Richard Hutchinson, P.E. DKS Associates Signa im Ferrell, Mayor City of Federal Way APPROVED AS TO FORM: -FdJJ. Ryan Call, City Attorney 0/,,0z %2020 Date d Date Agreement Number: AG Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 14 of 14 Aavicafl ARHAV9410 See attached, Exhibit A A --A Exhibit A Scope of Work Project No. 217 Agreement Number: AG Exhibit A - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0811512019 Page 1 of 1 EXHIBIT A Scope of Work City of Federal Way SW Dash Point Road / 471h Avenue SW Compact Roundabout DKS Associates Purpose The purpose of the federally funded SW Dash Point Road / 47th Avenue SW Compact Roundabout project is to improve intersection safety for vehicles and pedestrians. Proposed Improvements Proposed Improvements for the SW Dash Point Road / 47th Avenue SW Compact Roundabout project include the following: Provide widening for compact roundabout at the intersection of SW Dash Point Road / 47th Avenue SW. Roundabout will be using economical materials placed on top of the existing roadway surface where possible, without grade change. Pavement removal for landscaping in center of roundabout may be incorporated if feasible. • Provide traffic calming measures in accordance with findings of traffic analysis. Splitter islands and/or chicanes will be using economical materials placed on top of the existing roadway surface where possible, without grade change. No widening is anticipated on the approach legs, only at the intersection. • Pedestrian will only cross 47th Ave SW. Outside curbing separating the pedestrian access route and the roadway will be used on 47th Ave SW, no sidewalk or ADA ramps are anticipated. • Provide new luminaires as required to meet current lighting standards. • Modifications to existing drainage system as required. • Modular block walls as required for widening are anticipated. Work Element 1 Project Management. No design work will proceed after completion of the Design Report without written authorization from the City. No design work will proceed after the submittal of the 85% plans, specifications and estimate without written authorization from the City. 1.1 Provide project management administrative services including: • Project set-up and execute agreement ® Execution of subconsultant agreements • Preparation of monthly progress reports and invoices • Record keeping and project closeout 1.2 Provide overall project management including: City of Federal Way Page 1 of 10 DKS Associates SW Dash Point Road / 47th Ave SW • Project staff management and coordination ® Subconsultant management and coordination • Prepare and update project schedule • Schedule and budget monitoring 1.3 Coordinate with City staff, including preparation and attendance of up to 4 monthly coordination meetings throughout the duration of the project. Level of effort for this task is based on an average of 2 Consultant staff at each of the following meetings: • One formal kickoff meeting at project start. • Two meetings upon re -authorization to proceed following 30% and 85% approval. • Progress meeting at the City throughout the project duration (estimate 2). Work Element 2 Quality Assurance/Quality Control The Consultant shall provide internal QA/QC reviews of the following major work elements prior to submittal to the City. 2.1 Field review completed base maps for completeness and accuracy and incorporate findings. 2.2 Provide senior review of design report. 2.3 Provide senior review of the Geotechnical Investigation Plan and Report. 2.4 Provide senior review of 85% Plans, specifications and estimates. 2.5 Provide senior review of 100% Plans, specifications and estimates. Work Element 3 Topographic Mapping. The limits of topographic survey shall extend approximately 1,200 feet along SW Dash Point Road, 600 feet on either side of 47th Avenue SW and approximately 500 feet south of Dash Point Road and 50 feet north of Dash Point Road along 47th Avenue S. Survey will include minimum 10' beyond the right of way with additional survey at the intersection to verify the feasibility of a 100' radius of roadway and sidewalk improvements. All mapping will utilize the NAVD-88 vertical datum and the horizontal datum will be NAD83/11 based on the Washington State Plane Coordinate System, North Zone. 3.1 Establish horizontal and vertical control points along the corridor and within the project limits described above. Approximately 2 control points will be established and will be made available for the construction contractor's use during construction. The Consultant will locate, field survey, and calculate positions for visible and accessible monuments and control points throughout the project limits, using the Washington State plane coordinate system as indicated in the assumptions above. Conventional or GPS surveying methods will be used on this project. Monuments or corners to be located and field surveyed may include the following: • Section Corners • Side street monuments • Monuments shown or found as indicated on survey records. City of Federal Way Page 2 of 10 DKS Associates SW Dash Point Road / 47th Ave SW 3.2 Field Survey and Note Reduction. Perform note reduction of the field survey data. 3.3 Mapping work to prepare 1 "=20' topographic base map and digital terrain model (DTM) in AutoCAD Civil 3D format of the project within the limits described above. The base mapping work will include: • Signs, trees, curbs, sidewalks, pavement markings, utility poles, guardrail, and other visible and accessible surface features. • One -foot contours generated from the DTM. • Profiles of the existing roadway surface along the curb lines (top and bottom), and/or edge of pavement, along turn lane lines, and at the roadway crown line. Points will be surveyed at approximately 25-ft intervals. 3.4 Survey utility location paint marks provided at 25-ft intervals and visible and accessible surface feature (valves, manholes, catch basins, junction boxes, irrigation systems, hydrants, and vaults). The CONSULTANT will prepare an as - built utility AutoCAD layer in the base map from this information. 3.5 Perform observation and measure -downs of existing storm drain catch basins, manholes and outfalls (few are anticipated). Document the approximate size, type, material (brick, concrete), and general condition of the structures. Also document the size, location, and invert elevations of storm drainage pipes. These observations will be made from the surface. 3.6 CNI and/or utility purveyors will provide design level locating and marking of all utilities within the project corridor so that they can be surveyed as indicated in Work Element 3.4. Service line locations and gravity storm and sewer will not be located except where upstream or downstream structures cannot be found. Only coordination from the CONSULTANT team is included in this sub Work Element. 3.7 Coordinate with the utility companies and identify locations for potholing based on the preliminary design. The CONSULTANT will prepare a potholing plan for review and approval by the City. All potholing will be performed under the direction of the utility owners and is not included in this scope of work. Pothole locations will be marked with pins to identify depth from existing grade to top of their facilities. This information will be incorporated into the mapping. Depths of utility lines located by potholing will be designated by a symbol in the plans. 3.8 Survey of potholing information will be included. The CONSULTANT will not QA the pothole information provided by the utility company. Any conflicting information will be provided to the City and resolved between the City and the utility company. 3.9 Establish the right-of-way (ROW) along SW Dash Point Road / 47th Avenue SW Street in the project vicinity. Research and calculate ROW lines. Additional right of way needs, if required, will be documented in the design report. Work Element 4 Environmental 4.1 Environmental Classification Summary/Documented Categorical Exclusion. The Consultant will prepare a Local Agency Environmental Classification Summary (ECS) with supporting documentation as required by WSDOT for projects that receive federal funding through WSDOT (Environmental Procedures Manual, Section 310.07). The City of Federal Way Page 3 of 10 DKS Associates SW Dash Point Road / 47th Ave SW ECS will include the recommended NEPA determination (assumed to be a Class II, Documented Categorical Exclusion). We will document this assumption following the WSDOT Local Agency Guidance (LAG) manual. The ECS will also include an effect determination for species listed under the Endangered Species Act (ESA) and Essential Fish Habitat (EFH) evaluation, and a determination of project impacts on cultural resources (see the following scope items). The ECS will also require a discussion of stormwater treatment and detention, which will be based on information provided under Work Element 7. Assumptions: The project will be determined to be a Class II Documented Categorical Conclusion and neither a NEPA Environmental Impact Statement nor an Environmental Assessment will be required. Deliverables: • An electronic and paper copy of the draft ECS in Adobe PDF. • An electronic copy of the final ECS in Adobe PDF. 4.2 Biological Evaluation (BA) and Essential Fish Habitat Evaluation (EFH). The Consultant will prepare a brief effect determination letter on species listed as threatened under the ESA (assumed to be "no effect" and completed on as part of the ECS) and an EFH evaluation. We will obtain updated species lists from the agencies web sites and also request site specific habitat information from the Washington State Department of Fish and Wildlife priority habitats and species database. Evaluation of specific project details such as construction techniques and equipment used, timing of construction, temporary sediment and erosion control measures, and best management practices will be based on information developed under Work Element 7. Information on the amount of new impervious surfaces, stormwater detention, and stormwater quality treatment will be based on information provided under Work Element 7. Assumptigns: • The project will have no effect on listed species, or their designated critical habitat and a detailed Biological Assessment will not be required. Deliverables: • No deliverable; the results of the no effect BA will be documented as part of the ECS (Work Element 4.1) 4.3 Cultural Resource Investigation. The Consultant will conduct the required National Historic Preservation Act Section 106 Cultural Resources Survey. Work would consist of the following tasks necessary to comply with Section 106: • Conduct a background search to identify known cultural resources within the project area of potential effect (APE) defined by the City of Federal Way and assess the potential for the APE to contain cultural resources • Conduct a pedestrian field reconnaissance with WSDOT to complete the assessment of the potential for the APE to contain cultural resources City of Federal Way Page 4 of 10 DKS Associates SW Dash Point Road / 47th Ave SW Assumptions: • We will assist the City of Federal Way with APE definition. • No historic properties within the APE. • The project qualifies as exempt under WSDOT's programmatic Agreement. • No human burials or archaeological sites will be encountered. Deliverables: • No deliverable; the results of the Section 106 investigation will be documented as part of the ECS (Work Element 4.1) 4.4 SEPA Checklist, if required, will be through adoption by the City of the NEPA documentation and will require no additional work by the Consultant. Work Element 5 Traffic Analysis Report 5.1 Analysis of existing traffic operations at the study intersection for the PM peak hour using Synchro traffic operations software and based on traffic data provide by the City. The analysis results will include intersection LOS, intersection delay, and vehicle queues. 5.2 Analysis of traffic operations for the proposed compact roundabout using SIDRA 8 with HCM Roundabout Capacity Model, WSDOT Roundabout Analysis Policies, and FHWA CAP-X analysis for compact roundabout. 5.3 Provide a traffic operational analysis and comparison between a roundabout and traditional signal. 5.4 Preparation of a technical memorandum summarizing the results of the analysis. Work Element 6 Geotechnical Report The Consultant shall coordinate with a qualified geotechnical firm to complete field investigations to support the project as follows: 6.1 Review the preliminary design plans, including available geotechnical and geologic information for the site or adjacent areas. 6.2 Coordinate and manage the field exploration, including obtaining street -use right-of-way (ROW) and lane closure permits from the City of Federal Way (City). We anticipate the City will waive the ROW permit fees associated with the project. A street -use ROW application will still be required, along with a proposed traffic control plan. 6.3 Provide traffic control services to support the exploration activities within the public ROW. 6.4 Conduct a site visit to mark the subsurface exploration locations and request the one -call utility locate services to survey the proposed exploration locations for subsurface utilities. 6.5 Plan and conduct a geotechnical field exploration program to explore subsurface conditions by drilling shallow borings at the proposed retaining wall locations, we assume up to two shallow borings will be required. The borings will typically extend to a depth of 10 to 15 feet below ground surface. Our representative will collect samples from the explorations and log the subsurface conditions encountered. Samples will be collected at approximately 2.5-foot intervals for the initial 10 feet and at approximately 5-foot intervals City of Federal Way Page 5 of 10 DKS Associates SW Dash Point Road / 47th Ave SW thereafter. 6.6 Perform laboratory analyses on disturbed soil samples collected from the explorations, including the following: • Up to two moisture content determinations • Up to two particle -size analyses 6.7 Prepare a report summarizing our findings, conclusions, and recommendations, including information related to the following: • Subsurface soil and groundwater conditions • Luminary foundation support design • Structural earth wall retaining wall design and appropriate soil parameters Work Element 7 Design Report Prepare a design report. The report will include the 30% plans and cost opinions for the project. 7.1 Compile and review data and records from the City, other agencies, and utilities. Document the design criteria that will be used to develop and evaluate alternatives. Design criteria will be per the WSDOT Project Design Guidelines format. Prepare photo log of existing conditions. 7.2 Prepare a draft Technical Information Report (TIR) describing the technical information and analysis of the stormwater facilities. The draft TIR will be in accordance with City requirements, including, hydrologic calculations, facility design, pipe sizing calculations, and plan view layout as shown on the 30% plans. The TIR will be finalized concurrent with final design under work element 8. It is assumed that the new impervious pavement will be under 5000 sqft, and no water treatment will be required. 7.3 Prepare and submit WSDOT basis of design documentation, channelization (intersection) plans for approval and intersection control evaluation (ICE) for modifications to Dash Point Road (SR 509). The plans and documentation will meet WSDOT requirements, including required supporting documentation, deviation requests, and design vehicle turning movement analysis (design vehicle will be the school district's new buses). It is anticipated that documentation and channelization approval will require three (3) meetings with WSDOT staff and two (2) submittals of the documentation and plan package. 7.4 Prepare a preliminary construction staging concept. Traffic control requirements and construction sequencing criteria will be described in the design report. No construction staging and traffic control plans will be prepared until final design. 7.5 Analyze illumination to provide levels consistent with the current City illumination standards. Prepare a preliminary layout of the street illumination system and include supporting calculations as an appendix to the design report. 7.6 Estimate preliminary quantities and prepare preliminary opinions of probable cost for construction. This will be included, in tabular format as defined by the City, within a design report appendix. 7.7 Prepare 30% Plans for submittal with the design report. City of Federal Way Page 6 of 10 DKS Associates SW Dash Point Road /47th Ave SW Design of the compact roundabout will follow WSDOT and FHWA design guidance to meet entry design speeds for the inscribed circle and design vehicle requirements. 7.8 Prepare an analysis of preliminary right-of-way requirements based on existing property lines. 7.9 Prepare draft Geotech report addressing LID construction and wall design. 7.10 Compile and prepare the Draft and Final Design Report. Electronic copies will be submitted for the draft and final reports. Work Element 8 Final Design The Consultant shall provide Final Plans, Specifications and Estimates for review and approval by the City. Plans shall be formatted to provide sufficient detail for convenient field layout of all proposed facilities. City standard details and WSDOT standard plans will be supplemented with project specific details as required. The 85% plans and specifications shall be stamped by a licensed professional Engineer in the State of Washington. Final bid documents will be stamped and signed by a licensed professional engineer in the State of Washington. 8.1 Assemble a title and index sheet that would include a vicinity map. 8.2 Assemble a sheet for symbol and abbreviation legends, general notes. 8.3 Prepare construction staging plans that illustrate a method by which the construction consultant could perform the required work while minimizing, to the extent possible, the impacts on traffic and access to adjacent property. 8.4 Prepare typical sections. 8.5 Prepare detail sheets. 8.6 Prepare a schematic map showing survey control monuments location and their coordinate values. 8.7 Prepare site preparation and erosion control plans. These plans will include all demolition and erosion control and will provide grading limits. 8.8 Prepare alignment, sidewalk (if needed), and grading plans. These plans will include horizontal alignment information and plan views of grading, sidewalk alignment, and ADA ramp and driveway locations, as well as limits of cut/fill required. 8.9 Prepare intersection detail sheet showing layout and elevations for the roundabout and all new curbs and ramps. Roadway centerline profiles are not necessary as the project will generally be within the existing roadway except at the intersection. 8.10 Prepare drainage detail sheet, depicting special or non-standard drainage features. KCRTS software will be used for hydrology and facility sizing. Precast vault elements (if necessary) are assumed with no structural design needed. City of Federal Way Page 7 of 10 DKS Associates SW Dash Point Road / 47th Ave SW 8.11 Prepare drainage plans and profiles. These plans will include information and plan views of storm drainage system including type, material, size and location of pipes, catch basins, and treatment facilities, if required. 8.12 Prepare final TIR addressing draft TIR comments from the City at the 85% completion submittal. Preparation of a Stormwater Pollution Prevention Plan (SWPPP) is not included in this scope of work. 8.13 Prepare retaining wall plans, profiles, and details (if necessary). Plans views of retaining walls will be shown on the paving and grading plans. The horizontal limits of the retaining walls will be shown by station and offsets. Wall profiles will be prepared showing the top of wall, top of footing (if a CIP wall option issued), bottom of wall, existing ground line and final ground line. Existing and proposed storm drain, or utility crossings will be shown in the profile. Top and Bottom of wall elevations will be provided at all locations where the wall elevation changes. Wall design details will be prepared and shown on these plans. These details will include a typical cross section of the wall, foundation details, fencing/handrail details, wall penetration details and sloping/shoring requirements. This task includes preparing structural design calculations, and global and internal stability calculations related to the design of the retaining wall. 8.14 Prepare channelization and signing plans. These plans will delineate the locations of all pavement markings including lane lines, crosswalks, turn arrows, and stop lines as well as locations and sizes of all signs. 8.15 Prepare landscape plans showing elements affecting planting such as luminaires, driveway cuts, utilities, etc. The plans will include the type and location of all planting materials required for restoration and within the roundabout if feasible. 8.16 Prepare illumination plans and details. Plans will include layouts of lighting system equipment, and conduit and conductor schedules. Illumination design shall be per the current City of Federal Way Street Lighting Standards. Photometric and line loss calculations shall be submitted to support the City of Federal Way design standards. 8.17 Perform 85% and 100% Design quantity take -offs and opinion of costs. 8.18 Prepare contract specifications for the 85% and 100% submittals based on current WSDOT/APWA standards (English), applicable amendments to the current WSDOT/APWA standards and applicable LAG standards. 8.19 At the 85% submittal milestone, a PS&E package will also be submitted to WSDOT for approval to go to advertisement Work Element 9 Plan Production 9.1 Assemble and submit plans and specifications for 85, and 100 percent levels of design. • Electronic copies only 9.2 Upload .pdf drawings to bxwa.com. City of Federal Way Page 8 of 10 DKS Associates S W Dash Point Road / 47th Ave SW Work Element 10 Assistance During Bidding. Prepare addenda and respond to bidders' questions relayed through the City. It is assumed that the CONSULTANT will prepare up to two (2) addenda. Work Element 11 WSDOT Approval As SW Dash Point Road is a state route (SR 509), additional coordination and documentation will be required for approval of this improvement project. The Consultant shall follow the WSDOT design documentation procedure and fill -out the design documentation checklist. Draft documentation will be ready for submittal at the 30% project milestone point. 11.1 Basis of Design Documentation 11.2 Channel ization plans for approval 11.3 Intersection Control Evaluation Assumptions: ® Because a roundabout has already been selected for this project and this intersection does not meet signal warrants, an ICE will not be intensive • The same analysis used for the design report will be utilized for WSDOT reporting Deliverables: ® Basis of Design report (Draft and Final) a Intersection Control Evaluation (Draft and Final) • Channelization Plans for Approval (Draft and Final) City of Federal Way Page 9 of 10 DKS Associates SW Dash Point Road / 47th Ave SW Sheet List Title/index sheet (1 sheet) Legend, Abbreviations General Notes (1 sheet) Typical Sections (1 sheet) Roadway Details (2 sheet) Drainage Details (1 sheet) Survey Control (1 sheet) Site Preparation and Erosion Control Plans (3 sheets) Roadway Plans (3 sheets) Intersection Detail (1 sheet) Drainage Plans and Profiles (3 sheets) Wall Plans & Details (2 sheets) Channelization and Signing Plans and Details (4 sheets) Landscape Plans and Details (2 sheets) Illumination Plans and Details (4 sheets) Traffic Control Plans and Staging (9 sheets) TOTAL = 38 sheets City of Federal Way Page 10 of 10 DKS Associates SW Dash Point Road / 47th Ave SW N/A. Exhibit B is not used. Exhibit DBE Participation Agreement Number: AG Exhibit 6 - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0811512019 Page 1 of 1 Exhibit C Preparation and Delivery of Electronic Engineering and Other Data In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is to use in preparing electronic files for transmission to the agency. The format and standards to be provided may include, but are not limited to, the following: I. Surveying, Roadway Design & Plans Preparation Section A. Survey Data See Scope, Exhibit A B. Roadway Design Files See Scope, Exhibit A C. Computer Aided Drafting Files See Scope, Exhibit A Agreement Number: AG - Exhibit C - Local Agency ACE Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 08/15/2019 Page 1 of 4 D. Specify the Agency's Right to Review Product with the Consultant The Agency has the right to review product with the Consultant at any time, with appropriate notice. E. Specify the Electronic Deliverables to Be Provided to the Agency See Scope, Exhibit A F. Specify What Agency Furnished Services and Information Is to Be Provided See Scope, Exhibit A Agreement Number: AG - Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0811512019 Page 2 of 4 II. Any Other Electronic Files to Be Provided See Scope, Exhibit A III. Methods to Electronically Exchange Data See Scope, Exhibit A Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 08/15/2019 Page 3 of 4 A. Agency Software Suite Microsoft Office Suite B. Electronic Messaging System Microsoft Outlook C. File Transfers Format Via Email, thumb drive, or ftp site Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0811512019 Page 4 of 4 See attached, Exhibit D Exhibit D Prime Consultant Cost Computations Agreement Number: AG Exhibit D - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 08/15/2019 Page 1 of 1 Exhibit D City of Federal Way SW Dash Point and 47th Ave SW Compact Roundabout Fee Estimate for Engineering Services DKS Assocaites W1.7i"lae1 Position Principal In Charge Project Project Analysis Traffic Assistant Admin Manager Engineer Lead Modeler Engineer Overhead 187.52 Fee 10 Direct Hourly F:a: $90 00 a;:. --�• r,-� - - S28.87 9illiny = , 8 Work Element 1: Project Management 70 $11.823 56 General PM and Irvaires 1 _ +2 Meetings and Coorinations 1 6 I Work Element 2: QA/QC 8 28 36 $7.193.20 Work Element 3: Topographic Mapping WHPaciflc Work Element 4: Environmental Widner Work Element 5: Traffic Analysis Report 4 16 32 52 $8,235,35 Work Element 6: Geotechnical Report GeoDesl n Work Element 7: Design Report 4 16 30 50 $5.974.08 Work Element 8: Final Design 134 $16,934-24 Roundabout 2D la Lout, land5ca e, li htino traffic contro Dian 8 16 50 Typical section, Roadway, Site Prep, Intersection, Drainage, TIR, Retaining wall. 3-0 design SCJ S c:ific'ltian'; 2 24 R Cost E51imales 4 8 9 Work Element 9: Plan Production 4 12 16 $1,773.22 Work Element 10: Assistance During Bidding. 2 8 10 $1.987.2C Work Element 11: WSDOT 82proval 8 8 16 20 52 $7.592.47 Subtotal Labor Hours 20 108 96 24 32 128 12 $4.760 $20.401 $12.567 $5.141 $4.284 $13329 $1,031 420 $61.513.33 Subtotal Labor Costs Sub Consultants WHPaciflc Work Element 3 WIDNER Work Element 4 GeoDESIGN Work Element 6 SCJ Work Element 7, 8 (partial) $ 14,150.44 $ 16,034.00 $ 9,721.00 $ 39,700.46 EXPENSES Travel - Parking and Mileage BASE SERVICE $ 500.00 BASE SERVICE TOTAL COST (Labor + Overhead + Expenses + Feel S 141,619.23 VrWashington State Fffl Department of Transportation August 19, 2019 DKS Associates 719 Second Avenue, Suite 1250 Seattle, WA 98104 Subject: Acceptance FYE 2019 ICR — CPA Report Dear Michael Thomas: Transportation Bullding 310 Maple Park Avenue S.E. P.O. Box 47300 Olympia, WA 98504-7300 360-7C5-7000 TTY:1-800-833-6388 www.wsdot.wa.gov We have accepted your firms FYE 2019 Indirect Cost Rate (ICR) of 187.52% of direct labor (rate includes 0.32% Facilities Capital Cost of Money) based on the "Independent CPA Report," prepared by Moss Adams. This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with the firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7019 or via email consultantrate sC&wsdoLwa.gov. Regards; �q L . Jonson, Erik �• "' Aug 19 2019 2:02 PM ERIK K. JONSON Contract Services Manager EKJ:ah Acceptance ICR CPA Report Exhibit E Sub -consultant Cost Computations . The CONSULTANT shall not sub -contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. Refer to section VI "Sub -Contracting" of this AGREEMENT. See attached Agreement Number: AG _ - Exhibit E - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0811512019 Page 1 of 1 � � M G ■ CD N t+� N 00) T w N M CDT � H O y ~ _. ao O- W N T 1{i Q N w 0 c O I�YI hO 44411 W N K 401- U) a O T `O` r � C .a O E m N N Q U qmLLI q Gi -2 0 G C d U M 00 N LO co jr IL WCD �- F Q TN O 0� N N 00 N j(ry .7 t1 N M fA f/i 0 C F,w 0 U W W F m "t CD W � ` W a cL� M m m m L6 o0 2 x x x Z ee o o W ar m W N F tiN Zoe F+ a ci M � L) J n y and Z C wr O C d i� N 00 V G1 Q d d IL IL Q mCD , Qt LL L 9 > x m O LL E N U V T O) N �? a 7 x w m �p d o o m - d v o E E n 'd LL.�L v O N N IDE M c cu o 'c c o or c .+ CU > it 0) t '^ E o 3 T r a) :E'E V L 0) a o o t o LL m W l6 E U d U o S Q U O U d L O m fR ) R G c � aO m Cl. �° a 07 Li m i (7 fn o � V] H ly Q (7 co J 0 G (W z c a�i m Yp o�rych �� v,Lnco�oorn� d Z x U d J Lu Adftk Washington State Department at Transportation August 12, 2019 WHPacific, Inc. 9755 SW Barnes Road Portland, OR 97225 Subject: Acceptance FYE 2018 ICR — CPA Report Dear Micah Trosclair: Transportation Building 310 Maple Park Avenue S.E. P.O. Box 47300 Olympia, WA 98504-7300 360-705-7000 TTY. 1-800-833-6388 www.wsdot.wa.gov We have accepted your firms FYE 2018 Indirect Cost Rate (ICR) of 174.20% of direct labor (rate includes 0.41 % Facilities Capital Cost of Money) based on the "Independent CPA Report," prepared by Jones & Roth. This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with the firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7019 or via email constiINntrates a NSsdot.�va.gor . Regards; ]oaaon, Erik �- Aug 12 2019 9:13 PM ERIK K. JONSON Contract Services Manager EKJ: ah Acceptance ICR CPA Report Exhibit E ProjectName SW Dash Point Road / 47th Avenue SW Roundabout Client DKS Associates/Jerry Liu Location Federal Way. WA Date 12/12/2019 Work Element 8 Project Manager Hours Senior Biologist Hours Project Biologist Hours 8.1 Design Assistance and Early Agency Coordination 4 41 16 8.2 Section 106 Exemption APE 12 2 Draft 4 8 Final 4 8 8.3 BA no effect Draft 4 4 20 Final 2 3 4 8.4 NEPA CE Draft 4 4 16 Final 4 3 8 8.5 SEPA Draft 4 12 Final 4 6 Total hours 46 36 82 Summary Hours Rate Cost Proiect Manager 46 $64.00 $2,944.00 Senior Biologist 36 $50.00 $1,800.00 Project Biologist 82 $23.00 $1,886.00 Total Labor $6,630 Safe Harbor Overhead 110% $7,293 Profit 30% $1,989 Expenses Mileage 2 roundtrips $122 TOTAL ESTIMATED COST $16,034 e® WrWashington State AfF Department of Transportation March 4, 2019 Jordan Widener, President Cowling & Co., LLC 1902 120"' PL SE Everett, WA 98028-8400 Re: Cowling & Co., LLC Safe Harbor Indirect Cost Rate Dear Ms. Widener: Transportation Building 310 Maple Park Avenue S.E. P.O. Box 47300 Olympia, WA 98504-7300 360-705-7000 TTY.1-800-B33-6388 www.wsdot.wa.gov Washington State has received approval from our local Federal Highway Administration (FHWA) Division to continue administering the "safe harbor" indirect cost rate program on engineering and design related service contracts, as well as for Local Public Agency projects. We have completed our risk assessment for Cowling & Co., LLC. We conducted our assessment based on the documentation provided by the firm. The reviewed data included, but was not limited to, a description of the company, basis of accounting, accounting system and the basis of indirect costs. Based on our review, your firm is eligible to use the Safe Harbor rate. You have opted to use the Safe Harbor rate, rather than provide a FAR -compliant rate at this time. We are issuing the Safe Harbor Indirect Cost Rate of 110% of direct labor with a field rate, where applicable, of 80% of direct labor for Cowling & Co. The Safe Harbor rate is effective on March 1, 2019. Cowling & Co. has agreed to improve Internal Controls and timekeeping processes in order to be able to develop an Indirect Cost Rate Schedule in the future in accordance with the Federal Acquisition Regulations (FAR), Subpart 31. The WSDOT Internal Audit Office has provided guidance and information related to FARs and the AASHTO Audit Guide. You may use the Safe Harbor Rate of 110%, or 80% for field office situations, for agreements entered into prior to March 4, 2022. For agreements entered into after this date, please contact the WSDOT Consultant Services Office (CSO) or our office for guidance. The Safe Harbor Rate will not be subject to audit. Please coordinate with CSO or your Loca] Programs contact if you have questions about when to apply the Safe Harbor rate to your agreement. If you have any questions, please contact me, Jeri Sivertson, or Steve McKerney at (360)705-7003. Sincerely, Schatzie Harvey Agreement Complianc 4. Manager cc: Steve McKerney, Director of Internal Audit Jeri Sivertson, Assistant Director of Internal Audit Larry Schofield, MS 47323 File CERTIFICATION OF FINAL 1NDIRL-CT COSTS - FOR A SAFE H.AR3OR INDIRECT COST DATE Firm Name: ; cc)_ Q,L C", C za I, the undersigned certif'y that Xave reviewed the proposal to establish the Safe Harbor rate. The firm is electing to use the SAFE HARBOR INDIRECT COST RATE of 110% of direct labor 11,ith a field rate, when applicable, of 80% of direct labor. To the best of my knowledge and belief. - a) The fir►n has not had a FAR compliant indirect cost rate previously accepted by any other state agency. b) The firm will provide reports as required by the SAFE HARBOR RATE program on their progress toward compliance with the cost principles of the Federal Acquisition Regulations (FAR) of title 48, Code of Federal Regulations (CFR), part 31. All known material transactions or events that have occurred affecting the ftrm's ownership, organization and prior & current indirect cost rates have been disclosed. The firm agrees to folloiw the 'Path to Compliance ". Steps noted below: The Pathway must include: A timekeeping system which includes the Internal Controls described in chapter 6 ofAASHTO n An accounting system which separates indirect costs and direct costs An accounting system which separates allowable and unallo►vable cost A compliant job cost system which is general ledger drivers a Training for accounting personnel and key management on Part 31 of the Federal Acquisition Regulations, Contract Cost Principles and Procedures A strong written internal co trol policy u lth a policy and procedures manual *Signature: *Name of Certifying Official (Print): _&_� ,, +'l , C '�1�1..� r *Title: PC ie_s t Date of Certification (mm/dd/yyyy): 11 ()v?_Q I *Note: This form is to be completed by an individual executive or financial officer of the consultant 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 proposal submitted in conjunction with the agreement. Exhibit E GeoDesign, Inc. FEE SUMMARY Project: Federal Way 47th and Dash Poini Road Roundabout Project Job No. DKS-13-01 Date 12/13/2019 Standard Schedule SS or Direct Salary Cast (OSC) DSC 30.00% Labor Rate Z-Direct Salary Cost DSC GeaDesign ON Rate, if DSC calculation is used 160.26 If Labor is DSC is the Fixed Fee - FF x DSC+OH ? NO Allowable Handling Charge ��DESIGNZ Ambk Washington State Department of Transportation August 14, 2019 GeoDesign, Inc. 9450 SW Commerce Circle, Ste 300 Wilsonville, OR 97070 Transportation Building 310 Maple Park Avenue S.E. P.O. Box 47300 Olympia, WA 98504-7300 360-705-7000 TTY: 1-800-833-6388 www.wsdot.wa.gov Subject: Acceptance FYE 2018 ICR — Audit Office Review Dear Randy Homes: Transmitted herewith is the WSDOT Audit Office's memo of "Acceptance" of your firm's FYE 2018 Indirect Cost Rate (ICR) of 160.26% of direct labor (rate includes 0.59% Facilities Capital Cost of Money). This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with your firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7019 or via email consultantrates(a. wsdot.wa.2oN�. Regards; Aug 15 2019 9:43 PM eosi6n ERIK K. JONSON Contract Services Manager EKJ:ah Acceptance ICR Audit Office Review Subconsultant Labor Hour Estimate - Exhibit E SO Alliance Client: DKS Associates Template Vernon: V27/2019 Prajem SW Dash Pt Rd/47th Ave SW Compact RAE contras Typo: LAG contract lob a: TBD Fie Name: 2019-1213 Dash Pti7th RAB- Labor Enimrte,dsm Scott 5 14110 5 Patrick H WhrtneY H Kano M Sarin Maddta K AIISU N TmOJ Max & Pdncipal Project prp1'd PnO1Kt senor Design project proms Coord:,It, Project Total Wrest Lahar Total Cost Phase &Task Title Manager Englneerll Des it Engineer Engineer 1 Accountant Hours &Cost Task No. Manager Work Design Report Element 7 Task Design Report 71 Co.ml, left r:�ew data, Document design criteria 1.0 1.D 10 .......-.-...............................; ..,.... 80 ._. ... 20 20 .. ... .. .... 180 ........ - - - $2.264 ................................................................--_.........................�. 7 2 bra€t Stormwa ter Report (TIR) 1b0 - 16.0 32 0 $3.797 7.6 30ys quanutics and unit costs ...................._._._.,_____._........_-._......_.__.................,...__..; 1-D ._._.._..... ;..--..,. .....a.. ........__ ___....... 8-0 ' .._..___ - __.___ .... .............. ........ .-._..-. _ ..... .. .... . ......... ..._._ 77 ...__..___ 90% Plans 410 = 44 40 360 160 - 64 0 $6,991 Subtotal Hours: LO 6.0 8.0 200 360 24.0 240 20 2D 1230 S13,974 Total Phase Hours: 1.0 60 80 200 360 240 240 20 2.0 1230 1230 Total Phase Direct Labor: $82 44 $379 56 S387 20 $895 80 51,262.16 : $817 44 : $907 20 $7018 $61 00 $4.86.2 95 $13,973 77 Work Final Design Element 8 Task Final Design 84 TYPical Sections _ _ 34 ...... ... ...... .......... 4.0 ......... ........ ........ ....... ....... ....... ....... ...... .... 8 5 ke ttlraY Details• 160 � , 160 ' $1.738 87 We Preparation and Erosion Control Plans 1 f 2-0 16.0 _ _ 180`W _ $1,823 .. ».........; 88 ---- .-_ -"'...._.._....................._»..-..............-.-__. :LoaO-y Plans __._ . .......... ,_...•..... .. :. --- 4.0 __ -- .., .. - ....... ..._ 200 .........�......�--�_._�.........._.... `_. A, 16 0 ^, _-. 40 0 ..__. $4,309 . ____.... 8 9 .. ... 111Ey.. ct, nr• Detail »...........-.....---........-_-•__................,.. _. .,...._. .--..-- --_...-...................:.........-..._..._ : 4.D !.0 _--__..».s.............}.._,._....,.._.2_............ t........... .... ___.... __«...._..... ' 60 .......-.... $814 .^-.._............ ................... 8.10 _..., ... .................. iY..-I�r�ge Deta.Js ; .. 16.0 : , 160 _ $1,566 811 :Drainage Plan and Profiles 4.0 24.0 4 S 28D .._.. $3,122» ^$2,948 -... ......: ................--..`.........-.-....................._._.-...._........... ._........« }.._........:...._...........:.._._......._-.:.r_.._...:.............. .... .._.,.»._ -... ... ...y.. ........_ ....�-............. 8.12 ;Final 5tormwater Report TIR) ! 12.0 12,0 ) ,•,.....•, ., .. . 24.0' 813 :Retaining Wall Plan and Profiles 4 a J 16.0 200 52,122 8,17 ,85%and 100% Quantities and Unit Costs 2.0 4.0 1.0 ------ ..... _ ..._ 17:A _ _ _ .. _.._. .. 210 _._ $2,878 8.18 �..�- .. . ..... ..... $S%and 100%Contract Sptti calons ---- 20 60 i8.0 40 i 2.0 2.0 240 $3,569 Subtotal Hours:. 40 120 240 24.0 Z0.0 640 68.0 20 2.0 2200. $25,597 Total Phase Hours:' 4.0 120 240 240 20.0 640 690 2.0 2.0 2200 220.0 Total Phase Direct Labor: j $32936 S759.12 $1,16160 $1,07496 $701.20 $2,17984 $2,57040 $7018 $6100 $8,90806 $25,59731 Total Hours All phased 5.0 18.0 320 440 560 880 920 40 4.0 343.0 343.0 Total Direct Labor Estimate All Phases' $412.20 1 $1.138,68 S1,548.80 $1,97076 S3,963.36 $2,99728 $3,47760 $14036 : $12200 $13,771.4 $39,571.08 Imlimct Costs Subconsullants: 5 5ubconsultant Total: 5abcannfltnm Matkup. $ . Subtagk Copies, PtrnOOg e9C. $ Mlle..3rt $ 12938 hla.it-W Re3cnc: total Isldweet cosm IS 129.38 $ 39,700.46 Total; AM, Washington State Departnvent of Transportation July 1, 2019 Shea, Carr & Jewell, INC (dba SCJ Alliance) 8370 Tallon Lane NE, Suite 200 Lacey, WA 98516-6642 Subject: Acceptance FYE 2018 ICR - CPA Report Dear Lisa Hicks: Trasnspostabon Budding 310 WOOD Perk Avenue S.E. P.O. Box 47300 oympia. WA 96504-7300 360-705-7000 TTF. 1-800-633-6388 www.wedcrLwa.gov We have accepted your firms FYE 2018 Indirect Cost Rate (ICR) of 157.35% of direct labor (rate includes 0.35% Facilities Capital Cost of Money) based on the "Independent CPA Report," prepared by CPA Consulting. This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/co:7tl-acts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with the firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7019 or via email rt0ttr1111antrateN _� •ssdot-%�a. aN. Regards; Jonson, Erik f4a-�`` Jul 2019 1:47 PM ERIK K. JONSON Contract Services Manager EKJ:ah Acceptance ICR CPa Report SCJ ALLIANCE STATEMENT OF DIRECT LABOR, FRINGE BENEFITS AND GENERAL OVERHEAD DECEMBER 31, 2018 General Ledger Amount Balance Unallowed FAR Ref Total % DIRECT LABOR $ 4,499,701 $ 4,499,701 FRINGE BENEFITS Vacation $ 578,484 $ 578,484 Holiday Pay 276,480 276,480 Payroll Taxes 652,438 (4,998) A 647,440 Health Insurance 602,820 602,820 Profit Sharing 401 (k) plan 228,254 228,254 Fringe Benefit - other 12,646 (10, l57) B 2,488 2,351,122 (15,155) 2,335,967 51.90/0 GENERAL OVERHEAD Indirect Labor 2,138,509 (55,722) C 2,082,786 Labor Variance(Uncomp OT) (104,175) (104,175) Bid and proposal labor 599,194 599,194 Employee Bonuses 463,840 (106,932) D 356,908 Rent 519,800 (95,745) E 424,055 Maintenance and Repairs 2,374 2,374 Automobile 41,827 (43,985) F (2,158) Travel 63,140 (19,803) G 43,337 Meals and Entertainment 66,110 (62,935) H 3,174 Insurance 60,867 (362) U 60,506 Life Insurance 20,557 (20,557) 1 - Telephone 23,549 23,549 Utilities 61,505 (1,528) U 59,977 Taxes and licenses 252,840 252,840 Depreciation and Amortization 224,007 (27,367) J 196,640 Dues and Subscriptions 56,739 (14,237) K 42,502 Employee Train and Recruit 60,199 (13,350) L 46,849 Advertising 37,064 (37,064) M - Professional Fees 394,758 (71,039) N,S,T 323,719 Interest 87,409 (87,409) O - Computer 182,717 182,717 Contributions 32,976 (32,976) P - Bad debt 22,027 (22,027) Q - Supplies and miscellaneous 143,065 (9,438) R 133,627 5,450,898 (722,477) 4,728,422 105.1% Total Fringe Benefits and General Overhead $ 7,8t)2,020 $ (737,632) $ 7,064,388 157.0% Facilities Capital Cost of Money $ 15,934 0.35% 157.35% SCJ ALLIANCE STATEMENT OF DIRECT LABOR, FRINGE BENEFITS AND GENERAL OVERHEAD For the Year Ended December 31, 2018 FAR References A Payroll taxes directly associated with unallowable labor costs, unallowable per 48 CFR 31.201-6(e) B Severance pay per 48 CFR 31.205-6(g) C Public relations and advertising salaries/wages unallowable per 48 CFR 31.205-1 D Profit sharing bonuses unallowable per 48 CFR 31.205-6(i) E Common control rent adjustment unallowable per 48 CFR 31.205-36(b)(3) F Vehicle costs directly related to unallowable activities unallowable per 48 CFR 31.20546(d) and 31.205-6(m)(2) G Travel unallowable per 48 CFR 31.205-46 H Meals and entertainment unallowable per 48 CFR 31.205-14 I Key person life insurance unallowable per 48 CFR 31.205-19(e)(2)(v) J Amortization of goodwill unallowable per 48 CFR 31.205-49 K Costs of memberships in civic and community organization unallowable per 48 CFR 31.205-1(f)(7) L Unallowable employee conferences and seminars per 48 CFR 31.205-I M Advertising unallowable per 48 CFR 31-205-1(f) N Tax preparation services unallowable per 48 CFR 31.205-33(f) O Interest unallowable per 48 CFR 31.205-20 P Contributions unallowable per 48 CFR 31.205-8 Q Bad debt unallowable per 48 CFR 31.205-3 R Bank charges for interest on credit cards unallowable per 48 CFR 31.205-20 S. Legal costs related to organization structure unallowable per 48 CFR 31.205-27 T Consultant and legal fees unallowable per 48 CFR 31-205-18 U Expenses recorded in the incorrect period unallowable per 48 CFR 31.201-2 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. 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 - Exhibit F - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0811512019 Page 1 of 1 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 _ - Exhibit G -Local Agency A$E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0811512019 Page 1 of 1 Exhibit G-I(a) Certification of Consultant I hereby certify that I am the and duly authorized representative of the firm of DKS Associates whose address is 719 Second Ave, Suite 1250 Seattle, WA 98104 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 Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. DKS Associates Consultant (Firm Name) Signature (Authorized Official of Consultant) Date Agreement Number; AG Exhibit G -Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0811512019 Page 1 of 1 Exhibit G-1(b) Certification of City of Federal Way I hereby certify that I am the: 0 Mayor, Jim Ferrell ❑ Other of the City of Federal Way , and DKS Associates 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 Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Date Agreement Number: AG Exhibit G -Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0811512019 Page 1 of 1 Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; B. Have not within a three (3) year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State anti-trust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and D. Have not within a three (3) year period preceding this application J 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. DKS Associates Consultant (Firm Name) Signature (Authorized Official of Consultant) Date Agreement Number: AG Exhibit G -Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 08/15/2019 Page 1 of 1 Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative AGREEMENT, and the extension, continuation, renewal, amendment, or modification of Federal contract, grant, loan or cooperative AGREEMENT. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000,00, and not more than $100,000,00, for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier sub -contracts, which exceed $100,000, and that all such sub -recipients shall certify and disclose accordingly. DKS Associates Consultant (Firm Name) r Signature (Authorized Official of Consultant) Date Agreement Number: AG Exhibit G -Local Agency A$E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0811512019 Page 1 of 1 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 SW Dash Pt Rd / 47th Ave S Roundabout * are accurate, complete, and current as of December 20, 2019 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: DKS Associates Signature Date of Execution***: Principal Title *Identify the proposal, quotation, request for pricing adjustment, or other submission involved, giving the appropriate identifying number (e.g. project title.) **Insert the day, month, and year, when price negotiations were concluded and price AGREEMENT was reached. ***Insert the day, month, and year, of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. Agreement Number: AG _ - Exhibit G -Local Agency ME Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0811512019 Page 1 of 1 Elrrhibit 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 XII, Legal Relations and Insurance of this Agreement is amended to $ The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the amount of $ Such insurance coverage shall be evidenced by one of the following methods: • Certificate of Insurance. • Self-insurance through an irrevocable Letter of Credit from a qualified financial institution. Self-insurance through documentation of a separate fund established exclusively for the payment of professional liability claims, including claim amounts already reserved against the fund, safeguards established for payment from the fund, a copy of the latest annual financial statements, and disclosure of the investment portfolio for those funds. Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed $1 million per occurrence or the value of the contract, whichever is greater, then justification shall be submitted to the Federal Highway Administration (FHWA) for approval to increase the minimum insurance limit. If FHWA approval is obtained, the AGENCY may, at its own cost, reimburse the CONSULTANT for the additional professional liability insurance required. Notes: Cost of added insurance requirements: $ • Include all costs, fee increase, premiums. • This cost shall not be billed against an FHWA funded project. • For final contracts, include this exhibit. This exhibit is not used. Agreement Number: AG - Exhibit H - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 08/15/2019 Page 1 of 1 Exhibit Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1 Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs, records of labor, materials and equipment. Step 3 Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manager and any personnel (including sub -consultants) deemed appropriate for the alleged design error(s) issue. Step 4 Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultant's alleged design error(s), there are three possible scenarios: It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place. The agency is to provide LP, through the Region Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements. No hither 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 - Exhibit I - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0811512019 Page 1 of 2 Step 5 Forward Documents to Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary, LP will request assistance from the Attorney General's Office for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement. • If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. LP, in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue. • If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or by litigation. Agreement Number: AG Exhibit I - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 08/15/2019 Page 2 of 2 hibit J Consultant Clam 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 I Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1, the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs (if applicable), and FHWA (if applicable) agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim. After the request has been approved, the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures. Agreement Number: AG Exhibit J - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 08/15/2019 Page 1 of 2 Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • Agency's summation of hours by classification for each firm that should be included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; • Explanation regarding those areas in which the Agency does/does not agree with the consultant's claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s); and • Recommendations to resolve the claim. Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5 Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim(s) and rationale utilized for the decision. Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. Agreement Number: AG Exhibit J - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 08/15/2019 Page 2 of 2 2016-004 ACTION BY WRITTEN CONSENT OF THE DIRECTORS OF DKS ASSOCIATES INDIVIDUALS AUTHORIZED FOR SIGNATURE AUTHORITY ON BEHALF OF THE CORPORATION The undersigned, being all of the Directors of DKS Associates, a California corporation, and acting by written consent without a meeting pursuant to Section 307(b) of the California Corporation Code, hereby adopt, approve and consent to the following resolution: WHEREAS, THE Board of Directors recognize the following individuals by designations stated below; Principal Check Signature Office Manager Peter L. Coffey Lisa M. Loudon James M. Daisa Kevin J. Fehon Ransford S. McCourt Jeff B. Heald Terry R. Klim Chris S. Maciejewski Richard J. Hutchinson John P. Long Terry R. Klim Scott M. Mansur William R. Loudon Deborah L. Snyder Chris S. Maciejewski Ransford S. McCourt James M. Peters Eric H. Shimizu Carl D. Springer Jerry T. Wentzel WHEREAS, the Board of Directors wishes to reaffirm the resolution numbers 2016- 002 and 2016-003 dated February 26, 2016 (copy attached) which empowers these designated individuals to enter into contracts or execute and deliver instruments in the name and on behalf of the corporation; and WHEREAS, resolution numbers 2016-002 and 2016-003 dated February 26, 2016 (copy attached) are in full force and effect; then be it RESOLVED, that the Board of Directors hereby declares the above named individuals are empowered to enter into contracts or execute and deliver instruments in the name and on be balf of the corporation, subject to the specific criteria contained in resolution numbers 20 f6-002 and 2016-003 dated February 26, 2016 (copy attached). J e te'rs ` CarTD. Spri F n Worthington ram Timothy Ngfiias Respectfully Submitted and Certified to be True and Correct, Terry R. Klirn, Secretary 4 /Z-3/r�:' Date 1/2/2020 Corporations and Charities System BUSINESS INFORMATION Business Name: DKS ASSOCIATES DBA DKS ASSOCIATES CORPORATION UBI Number: 601 460 417 Business Type: FOREIGN PROFIT CORPORATION Business Status: ACTIVE Principal Office Street Address: 720 SW WASHINGTON ST STE 500, PORTLAND, OR, 97205-3503, UNITED STATES Principal Office Mailing Address: 720 SW WASHINGTON ST STE 500, PORTLAND, OR, 97205-3503, UNITED STATES Expiration Date: 08/31/2020 Jurisdiction: UNITED STATES; CALIFORNIA Formation/ Registration Date: 08/26/2019 Period of Duration: PERPETUAL Inactive Date: Nature of Business: PROFESSIONAL, SCIENTIFIC & TECHNICAL SERVICES, PROFESSIONAL CONSULTING SERVICES FOR TRAFFIC ENGINEERING AND TRANSPORTATION PLANNING REGISTERED AGENT INFORMATION Registered Agent Name: CORPORATION SERVICE COMPANY Street Address: 300 DESCHUTES WAY SW STE 304, TUMWATER, WA, 98501, UNITED STATES Mailing Address: 300 DESCHUTES WAY SW STE 304, TUMWATER, WA, 98501, UNITED STATES GOVERNORS Title Governors Type Entity Name First Name Last Name GOVERNOR INDIVIDUAL CHRIS MACIEJEWSKI GOVERNOR INDIVIDUAL PETER COFFEY https://ccfs.sos.wa.gov/#/BusinessSearch/Businesslnformation 1/1 " DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE �- 12/30/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Edgewood Partners Ins. Center License #0629370 PO Box 13847 CONTACT Rebecca Foster _ "PHONE FAX _IA/c. No. EA, 916-576-1524 ��arc Not: 916-583-7613 _A❑O IRM: Rebecca. Foster e picbrakers-coo INSURERS AFFORDING COVERAGE ! NAIC # Sacramento CA 95853 INSURER A: Valley Fore Insurance Co _ 20508 INSURER B : Continental Casualty Company 20443 INSURED DKSASSOC DKS Associates 720 SW Washington Street, Suite 500 Portland OR 97205 INSURER c: The Continental Insurance Company 35289 INSURER D : Argonaut Insurance Company 19801 INSURER E : American Casualty Company of Readin ,PA 20427 INSURER F : C(1VRRArGC r9=RTIGI(`AT9= NIIMRFR• 9n7AA7AQ3 RFVIRION NI IMRFR! 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 DDL SUBf l' POLICY EFF POLICY EXP LIMITS POLICY NUMBER MM/DD/YYVV MMIDDiYYYY A X COMMERCIAL GENERAL LIABILITY 6076041755 5/1/2019 5/1/2020 EACH OCCURRENCE $1.000,000 CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES fEa orcutferical $ 1.000,000 $15,000 MED EXP Any one person) $ 1,000,000 PERSONAL & ADV INJURY GENERAL AGGREGATE _ $ 2,000.000 AGGf;I, I'. LIMIT APPLIES PER: _ $ 2,000,000 _-GENT —.._ _ PRO- POLICY } LOC JECT -- PRODUCTS -COMP/OP AGG $ OTHER: B 6076041772 5/1/2019 5/1/2020 OEOMiEDSINGLELIMIT $1,000,000 BODILY INJURY (Per person) _ $ —AUTOMOBILELIABILRY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accfdem $ ._ $ No OwnedAuto I 1 1 C X UMBRELLA LIAB X OCCUR 6076041822 5/1/2019 5/1/2020 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 EXCESS LIAR CLAIMS -MADE _T1DE_DT I RETENTION $ $ A WORKERS COMPENSATION E AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N / A 6076041805 5/1/2019 5/1/2020 6076041819 5/1/2019 5/1/2020 X STATUTE ER CA/Other States 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 D Errors & Omissions 121AE000385800 5/1/2019 5/1/2020 Per Claim $1,000,000 Claims Made Aggregate $3,000,000 Retro Date: 05/17/79 Deductible $50,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Re: DKS Project #19229-000, SW Dash Pt Rd. and 47th Ave., SW. Compact Roundabout. Additional Insured: City of Federal Way, the STATE and Agency, their officers, employees and agents. When required by written contract, additional insured status with primary coverage applies to General Liability and Automobile Liability and waiver of subrogation applies to General Liability, Automobile Liability and Workers' Compensation, all per the attached endorsements. Notice ofcancellation to the certificate holder applies per the attached endorsement. L&H I IVIL;A I t NULUtH LF11VLtLLH I IVIV City of Federal Way 33325 8th Ave. S. 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 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD