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AG 21-152 - TRANSPO GROUP USA, INC.RETURN TO: PW ADMIN EXT: 2700 ID #: 4353 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS/ ENGINEERING DIVISION 2. ORIGINATING STAFF PERSON: Jonathan Strong EXT: 2753 3. DATE REQ. BY: 12-25-2023 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 0 CONTRACT AMENDMENT (AG#): 21 -152 ❑ INTERLOCAL ❑ OTHER 4. PROJECT NAME: S 288th St Road Diet 16th Ave S to 34th Ave S 5. NAME OF CONTRACTOR: Trans o Group USA, Inc. ADDRESS: 12131 113th Ave NE Ste. 203 Kirkland, WA 98034 TELEPHONE: (425) 896-5249 E-MAIL: Rvan.Petersen@transpogroup.com FAX: SIGNATURE NAME: Ryan Petersen TITLE: 6. EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES 0 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: October 20, 2021 COMPLETION DATE: December 31, 2024 8. TOTAL COMPENSATION: $ BASE + SUPP. #2 = $458,583.85 (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 O PURCHASING: PLEASE CHARGE TO: D36238-24110 9. DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED 6 PROJECT MANAGER J.S. 12/6/2023 IJ DIVISION MANAGER qvn' 2023-12.2207:52:51-08'00• O DEPUTY DIRECTOR EJW for DSW 12/22/2023 DSW 12/28/23 ❑ DIRECTOR DSW 12/28/23 ❑ RISK MANAGEMENT (IF APPLICABLE) O LAW DEPT KVA 12/26/2023 10. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 11. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: 114/24 DATE REC' D: 1/5/24 ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, 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 1S NEEDED.) INITIAL / DATE SIGNED ❑ FINANCE DEPARTMENT ❑ LAW DEPT SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG # A ❑ SIGNED COPY RETURNED DATE SENT: 1. I G..aIIrY. i COMMENTS: EXECUTE" " ORIGINALS IP_020 Washington State vP Department of Transportation Supplemental Agreement Number 2 Original Agreement Number AG 21-152 Project Number 36238 Project Title S 288th St Road Diet (] 6th Ave S to 34th Ave S) Description of Work Organization and Address Transpo Group USA Inc 12131 113th Ave NE, Ste. 203 Kirkland, WA 98034 Phone: (425)-896-5249 Execution Date October 20, 2021 New Maximum Amount Payable $458,583.85 Completion Date December 31, 2024 Engineering services for a roadway improvement project on S 288th St. Improvements will provide a continuous bicycle and ADA-accessible pedestrian route between 16th Ave S and 34th Ave S, mid -block pedestrian crossings, and signal modification/replacement. This project is a "road diet" project that will eliminate through vehicular lanes to provide bicycle lanes and a TWLT lane along the corridor. The Local Agency of City of Federal Way desires to supplement the agreement entered in to with TranspQ Group USA Inc. and executed on October 20, 2021 and identified as Agreement No. AG 21-152 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: Increase to scope of work per attached Exhibit A-1 11 Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: December 31.2024 III Section V, PAYMENT, shall be amended as follows: Increase of $20,539.43 per attached Exhibit A-2 for new contract total of $458,583.85 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: Jon C. Pascal. Principal Consultant Signature By: Jim Ferrell,14AM, City of Fedeml Way } proving Authority Signature 1 � Dak DOT Form 140-063 Revised 09/2005 Exhibit "A" Summary of Payments Basic Agreement Supplement # 2 Total Direct Salary Cost $157,064.17 $6,695.82 $163,759.99 Overhead (Including Payroll Additives) $188,894.21 $11,834.86 $200,729.07 Direct Non -Salary Costs $44,966.78 $0.00 $44,966.78 Fixed Fee $47,119.26 $2,008.75 $49,128.01 Total $438,044.42 $20,539.43 $458,583.85 DOT Form 140-063 Revised 09/2005 Amendment to Agreement for Services EXHIBIT A-1 Client Name: City of Federal Way Project Name: S 288th Street Road Diet Original Agreement Dated: 10-04-2021 Amendment Dated: 10-27-2023 TG: 21059.00 The existing Agreement for Services between Transpo Group (Consultant) and City of Federal Way (City) is amended to include the following additional services. All terms and conditions described in the Agreement remain in force and are not modified by this Amendment. Scope of Services Per City request, the following additional elements have been added to the scope of services for Phase 2 (originally segment A) of the project: • Accessible Pedestrian Signal (APS) improvements at the existing signalized intersection of S 288th Street & 18th Avenue S. It is assumed that the existing Type III mast arm traffic signal poles, existing junction boxes, and existing cabinets will remain in place, but that new Type PPB and/or Type PS/I poles will be installed to accommodate the APS improvements. In addition to the services described in Exhibit A of the Agreement, this work will include the following services: Task 08-85% Submittal 8.1A 85% Design Plans The following additions will be made to the plan set to incorporate the following work over the extents of Segment A of the project: • APS improvements at S 288th St & 18th Ave S: o Traffic Signal Plans (1 additional sheet) o Traffic Signal Wiring Diagram (1 additional sheet) o Traffic Signal Pole Chart (1 additional sheet) o Coordination of APS improvements with Paving Plans including revisions to ramp design o Coordination of APS improvements with Traffic Control Plans o Site visit to verify existing conduit pathways and traffic signal controller cabinet equipment 8.2A 85% Opinion of Probable Construction Costs Bid items associated with the APS improvements will be identified, quantified, and added to the Segment A cost estimate. 8.3A 85% Special Provisions The APS improvements at S 288th St & 18th Ave S will be added to the existing bid schedule in the Segment A contract documents. 8.4A 85% Quality Control The additions associated with the APS improvements will be incorporated into the 85% quality control review for Segment A. Task 09-100% Design and Final PS&E 9.1A 100% Plans, Specifications, and Estimate Consultant will review City's comments on the 85% submittal relative to the mill and overlay additions and make requested modifications. The following additions will be made to the plan set, cost estimate, and specifications to incorporate the APS upgrades at S 288th Street & 18th Avenue S: Bid items associated with the additional APS improvements will be identified, quantified, and added to the Segment A 100% cost estimate. The APS improvements at S 288th St & 18th Ave S will be added to the existing bid schedule in the Segment A contract documents. The additions associated with the APS improvements will be incorporated into the 100% quality control review. 9.2A Final PS&E Any comments and /or feedback received from the City relative to the APS improvements additions will be incorporated into the final plans, specifications, and estimate. Transpo Group USA, Inc Cost Estimate Worksheet EXHIBIT A-2 transpogroup Hymber 7 Prq�. hams Rate schedule is effective from July 1, 2023 through June 28. 2024 On IV key staff are shown and other staff may work on and charge to the project as needed by the protect manager - Quality Quality Project Project CAD/ CAD/ Trafpc Project Control• Control- Engineer- Engine - Graphics- Cwnptnp. Opemlim, Project Mena ei Desiun enllpny CJW Tn. ffcr CArl Tra1.5- Ara,xi9 Admm P-L1 n LB ALI L E - An L L] -n LS PALS 59515 Si1G`t1 $,is76 !! a5 17,.1! $4519 W, G7 ;7115 55317 Wok T.. Houoaso ''6peQSF so so so �rlr��!!!!!!lra,■ so Do !!!!!!!! TIVEF— SO sa 50 so so So so so J ��■�� o!!® �■��!!�! o!! Su 000®o�000�� o+,rn..a ,uo. s,r,exes strb— iintae7a_ Toml Suoton}u[{/nLS41- Cost Estimate Prepared on: 1,/9/2023 transpagroup WHAT TRANSPORTATION CAN BE. TF Project Contract Signature Authority The Principals of the firm are solely authorized to sign legally binding project contracts on behalf of the firm. Prior to signing, all contracts must be reviewed by the firm's risk management. The following Principals are delegated authority to sign legally binding project contracts: Bruce R. Haldors Kevin R. Collins Michael J. Swenson Jon C. Pascal Daniel G. McKinney Patrick B. Lynch John H. Duesing Stefanie Herzstein Ryan Peterson Approved by: Kevin R. Collins President Transpo Group USA, Inc. Last updated: May 5, 2023 12131 113th Avenue NE, Suite 203, Kirkland, WA 98034 1 425,821.3665 1 transpogroup.com DATE (MM/DD/YYYY) ACa►zc� CERTIFICATE OF LIABILITY INSURANCE 12/12/2023 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 CONTACT NAME: Jennifer A Uirfe AssuredPartners Design Professionals Insurance Services, LLC PHONE 510 465-3090 FAX A C.Nn: 3697 Mt. Diablo Blvd Suite 230 EMAIL Lafayette CA 94549 ADDRE s: Desi nProCerts uredPariners.corn INSURE S AFFORDING COVERAGE NAIC # License#7 6003745 INSURERA. Beazley Insurance Company Inc 37540 INSURED TRANGRO-06 INSURERB: Travelers Property Casualty Company of America 25674 Group USA, Inc. 12131 113th Ave NE, Suite 203 INSURERC: HARTFORD INSURANCE COMPANY 38288 12131 Kirkland, WA 98034 INSURER D: The Travelers Indemnity Company of Connecticut 25682 425 821-3665 INSURER E : INSURER F : C(IVFRAnFS CFRTIFICATF NIIMRFR• 17d3d$R717 REVISION NUMRFR- 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. 1NSR TYPE OF INSURANCE ADDLSUBRj �POLICYEFF m'POLICYEXP LIMITS LTR I POLICY NUMBER MMIDO MfDD D MMERCIAL GENERAL LIABILITY Y Y 6805H922543 1/1/2024 1/1/2025 EACH OCCURRENCE $1.000.000 PREMISES Ea rrence $ 1,000,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 10,000 U Included tIENLAI PERSONAL & ADV INJURY $1.000,000 GREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 ICYElEl LOC PRODUCTS-COMP/OPAGG $2,000,000 $ OTHER, D AUTOMOBILE LIABILITY Y Y BA3R390266 1l1/2024 1/1I2025i r SINE �NpLE41MIT Ea a�ocident $1,000,000 I1- BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE . en1 $ X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY ' B X UMBRELLA LIAB X OCCUR Y Y CUP41`625338 1/1/2024 1/1/2025 EACH OCCURRENCE $5.000.000 AGGREGATE $ 5,000.000 EXCESS LIAB CLAIMS -MADE DED I X I RETENTION $ in pno $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE Y 17MCZS7222 1/1/2024 1/1/2025 ,X PET' OTH- STATUTE ER WA StQp Gap E.L. EACH ACCIDENT $ 1.000,000 OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below $ 1.000.000 E.L. DISEASE -POLICY LIMIT A Professional Liability C1D535240801 1/1/2024 1/1/2025 $5,000,000 Per Claim Claims Made Form S5,000,000 Annual Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Transpo Project Number/Name: #1.21059.00 / S 288th St Road Diet — The City of Federal Way, their officers, employees, and agents are named as Addit;onal Insured on General Liability and Auto Liability, per policy forms, with respect to the operations of the Named Insured as required by written contract or agreement. L;LK I IFICA I L HULUtK t;ANULLL.A I IUN SU UaV Notice OT L:ancellation City of Federal Way 33325 8th Avenue South Federal Way WA 98003-6325 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 12/5/23, 4:44 PM Corporations and Charities System BUSINESS INFORMATION Business Name: TRANSPO GROUP USA, INCORPORATED UBI Number: 603 258 009 Business Type: WA PROFIT CORPORATION Business Status: ACTIVE Principal Office Street Address: 12131 113TH AVE NE STE 203, KIRKLAND, WA, 98034-6944, UNITED STATES Principal Office Mailing Address: 12131 113TH AVE NE, SUITE 203, KIRKLAND, WA, 98034-6944, UNITED STATES Expiration Date: 12/31/2024 Jurisdiction: UNITED STATES, WASHINGTON Formation/ Registration Date: 12/05/2012 Period of Duration: PERPETUAL Inactive Date: Nature of Business: PROFESSIONAL, SCIENTIFIC & TECHNICAL SERVICES REGISTERED AGENT INFORMATION Registered Agent Name: BRUCE HALDORS Street Address: 12131 113TH AVE NE STE 203, KIRKLAND, WA, 98034-6944, UNITED STATES Mailing Address: 12131 113TH AVE NE STE 203, KIRKLAND, WA, 98034-6944, UNITED STATES GOVERNORS Title Governors Type GOVERNOR INDIVIDUAL GOVERNOR INDIVIDUAL GOVERNOR INDIVIDUAL GOVERNOR INDIVIDUAL GOVERNOR INDIVIDUAL Entity Name First Name Last Name BRUCE HALDORS MCKINNEY JR DANIEL SWENSON MICHAEL BRINKERHOFF SARAH KEVIN COLLINS https://ccfs.sos.wa.gov/#/BusinessSearch/Businessinformation 1/1 12/5/23, 4:44 PM Washington State Department of Revenue Washington State Departr tit u, rtt2vtr)ue < Business Lookup License Information: Entity name: TRANSPO GROUP USA, INCORPORATED Business TRANSPO GROUP USA, INCORPORATED name: Entity type: Profit Corporation UBI #: 603-258-009 Business ID: 001 Location ID: 0001 Location: Active Location address: Mailing address: 12131 113TH AVE NE STE 203 KIRKLAND WA 98034-6944 12131 113TH AVE NE STE 203 KIRKLAND WA 98034-6944 Excise tax and reseller permit status: Click here Secretary of State status: Click here New search Back to results hftps://secure.dor.wa.gov/gteunauth/—/#3 1 /4 12/5/23, 4:44 PM Washington State Department of Revenue Page 1 of 3 Endorsements Filter Endorsements held z License # Count Details Status Expiratior First issua Arlington General Active Jan-31-2C Jan-26-2C Business - Non - Resident Bainbridge Island Active Dec-31-21 Apr-24-2( General Business - Non -Resident Bellingham 053257 Active Feb-20-2( General Business Blaine General Active Dec-31-21 Mar-1 1-2 Business - Non - Resident Carnation General Active Dec-31-21 Feb-24-2( Business - Non - Resident Covington General Active Dec-31-21 Nov-25-2 Business - Non - Resident Duvall General Active Aug-31-2 Aug-21-2 Business - Non - Resident Edgewood General Active Dec-31-21 Feb-21-2( Business - Non - Resident Ellensburg General Active Dec-31-21 Dec-27-21 Business - Non - Resident https://secure.dor.wa.gov/gteunauth/_/#3 2/4 12/5123, 4:44 PM Washington State Department of Revenue Endorsements held i License # Count Details Status Expiratior First issua Federal Way 17-10430, Active Dec-31-21 Sep-07-2( General Business - Non -Resident Ferndale General 60089 Active Dec-31-21 Jun-24-2( Business - Non - Resident Issaquah General Active Dec-31-21 Feb-24-2( Business - Non - Resident Kirkland General BUS2764( Active Dec-31-21 Jan-06-2C Business Lake Stevens Active Dec-31-21 Jul-07-20; General Business - Non -Resident Lakewood General BL15-001 Active Dec-31-21 Apr-09-2( Business - Non - Resident Governing People May include governing people not registered with Secretary o/ State Governing people Title COLLINS, KEVIN DANIEL, MCKINNEY JR G HALDORS, BRUCE R MICHAEL, SWENSON J SARAH, BRINKERHOFF A https://secure.dor.wa.gov/gteunauth/_/#3 3/4 12/5/23, 4:44 PM Washington State Department of Revenue Registered Trade Names Registered trade names Status First issued TRANSPO Active Feb-25-2021 The Business Lookup information is updated nightly. Search date and time: 12/5/2023 4:44:52 PM Contact us How are we doing? Take our survey! Don't see what you expected? Check if your browser is supported https://secure.dor.wa.gov/gteunauth/_/*3 414 RETURN TO: PW ADMIN EXT: 2700 ID #: 4197 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS/ ENGINEERING DIVISION 2. ORIGINATING STAFF PERSON: OMAR BARRON EXT: 2729 3. DATE REQ. BY: 1-25-2023 3. TYPE OF DOCUMENT (CHECK ONE): p CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION 0 CONTRACT AMENDMENT (AG#): 21-152 ❑ INTERLOCAL ❑ OTHER 4. PROJECT NAME: S 288th St Road Diet (16th Ave S to 34th Ave S) 5. NAME OFCONTRACTOW Transpo Group USA, Inc. ADDRESS: 12131 113th Ave NE, Ste. 203 Kirkland, WA 98034 TELEPHONE: 425 896-5249 E-MAIL: Ryan. Petersen 5transpogroup.eom FAX: SIGNATURENAME: Ryan Petersen TITLE: 6. EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES 0 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: October 20, 2021 COMPLETION DATE: June 30, 2024 8. TOTAL COMPENSATION: $ BASE + SUPP. #1 = $438,044.42 (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 O PURCHASING: PLEASE CHARGE TO: D36238-24110 9. DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED 6 PROJECT MANAGER oB 1117/23 0 DIVISION MANAGER 9" on,: pry oli91628:1 Oa 0 DEPUTY DIRECTOR DSW 1/19/23 O DIRECTOR EJW 1/21/2023 ❑ RISK MANAGEMENT (IF APPLICABLE) O LAW DEPT KVA 1/20/2023 10. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 11. CONTRACT SIGNATURE ROUTING 22 ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: I /ZJ Z�J DATE REC D: L 3 ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, 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 ❑ FINANCE DEPARTMENT ❑ LAW DEPT r'910NATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK^455;' r4b) ❑ ASSIGNED AG # AG# ❑ SIGNED COPY RETURNED DATE SENT: Q. 1. COMMENTS: EXECUTE" " ORIGINALS _ 1/2020 Adw W7Washington State 0 Department of Transportation Supplemental Agreement Organization and Address Number 1 Transpo Group USA, Inc. Original Agreement Number 12131 113th Ave NE, Ste. 203 Kirkland, WA 98034 AG 21-152 Phone: 425 896-5249 Project Number Execution Date Completion Date 36238 October 20, 2021 June 30, 2024 Project Title I New Maximum Amount Payable ] S 288th St Road Diet (16th Ave S to 34th Ave S) $438,044.42 Description of Work CITY OF FEDERAL WAY - PROJECT #36238 Engineering services for a roadway improvement project on S 288th St. Improvements will provide a continuous bicycle and ADA-accessible pedestrian route between 16th Ave S and 34th Ave S, mid -block pedestrian crossings, and signal modification/replacement. This project is a "road diet" project that will eliminate through vehicular lanes to provide bicycle lanes and a TWLT lane along the corridor. The Local Agency of City of Federal Way desires to supplement the agreement entered in to with Trans o Group USA Inc. and executed on October 20, 2021 and identified as Agreement No. AG 21-152 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: Increase to scope of work per attached Exhibit A-1 11 Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: June 30, 2024 III Section V, PAYMENT, shall be amended as follows: Increase of $20,597.06 per attached Exhibit A-2 for new contract total of $438,044.42 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. Jon C. Pascal. Principal Consultant Signature By: Jim Ferrell, Mayor, City of Federal Way Approvi n g Au th ori ty Signature 1 3 Date DOT Form 140-063 Revised 09/2005 Exhibit "A" Summary of Payments Basic Agreement Supplement #1 Total Direct Salary Cost $ 149,500.62 $ 7,563.55 $ 157,064.17 Overhead (Including Payroll Additives) $ 178,129.77 $ 10,764.44 $ 188,894.21 Direct Non -Salary Costs $ 44,966.78 $ 0.00 $ 44,966.78 Fixed Fee $ 44,850.19 $ 2,269.07 $ 47,119.26 Total $ 417,447.36 $ 20,597.06 $ 438,044.42 DOT Form 140-063 Revised 09/2005 EXHIBIT A-1 Amendment to Agreement for Services Client Name: City of Federal Way Project Name: S 288th Street Road Diet Original Agreement Dated: 10-04-2021 Amendment Dated: 12-13-2022 TG: 21059.00 The existing Agreement for Services between Transpo Group (Consultant) and City of Federal Way(City) is amended to include the following additional services. All terms and conditions described in the Agreement remain in force and are not modified by this Amendment. Scope of Services Per City request, and asphalt mill and overlay over the entire project extents will be added to the scope of services. In addition to the services described in Exhibit A of the Agreement, this work will include the following services: Task 08-85% Submittal SAA 85% Design Plans The following additions will be made to the plan set to incorporate the asphalt mill and overlay over the extents of Segment A of the project: • Roadway typical sections showing pavement design sections • Addition of mill and overlay limits to Demolition Plans • Addition of mill and overlay limits to Paving Plans • Coordination of mill and overlay limits with Channelization Plans 8.2A 85% Opinion of Probable Construction Costs Bid items associated with the mill and overlay will be identified, quantified, and added to the Segment A cost estimate. 8.3A 85% Special Provisions A separate bid schedule for mill and overlay work with additional pavement sections will be added to the Segment A contract documents. 8.4A 85% Quality Control The additions associated with the mill and overlay work will be incorporated into the 85% quality control review for Segment A. Task 09-100% Design and Final PSBE 9.1A 100% Plans, Specifications, and Estimate Consultant will review City's comments on the 85% submittal relative to the mill and overlay additions and make requested modifications. 9.1 B 100% Plans, Specifications, and Estimate The following additions will be made to the plan set, cost estimate, and specifications to incorporate the asphalt mill and overlay over the extents of Segment B of the project: • Roadway typical sections showing pavement design sections • Addition of mill and overlay limits to Demolition Plans • Addition of mill and overlay limits to Paving Plans • Coordination of mill and overlay limits with Channelization Plans V119 Bid Items associated with the mill and overlay will be identified, quantified, and added to the Segment B cost estimate. Addition of separate bid schedule for mill and overlay work with additional pavement sections The additions associated with the mill and overlay work will be incorporated into the 85% quality control review. 9.2A/B Final PS&E Any comments and /or feedback received from the City relative to the mill and overlay additions will be incorporated into the final plans, specifications, and estimate. Tr Transpo Group USA, Inc Cost Estimate Worksheet EXHIBIT A-2 transpogroup �i r f4umFcr / Pmje:[ t:a.re . K SdrAK RG� Pay rates are effective from July 3, 2021 through July 1 2022, within the ranges shown in the attachment, Only key staff are shown and other staff may work on and charge to the project as needed by the project manager, Project Man—, l7uallly Control- Desion trualfly Comhcl• O .ralm- 1. Engineer- Civil Project Eng;na - Tnffi� CADi G+apl-- Iwl CAa! G ortig+t- ran,c irgll+c Cperahnne Malyrr PraJrp Admm Pno L7 -r L5 Plin L' En L4 kn i.4 Art LS En L 2 E ! 4 PA L{ E°4,56 E:d.52 SF9S05 5M.09 560.:0 53:_SI] SC11 SF+7-2r Labor: riou" coo LIA 000®m�moo®� *Vwh..4 P.WK ® $1(064M F.. F" . % n9 thborl 12.zg"7 ran .;n.t i i Tow i5ohoblU:r=LMI. S6A1! Cost Estimate Prepared on: 12/13/2022 transpog coup Tr WHAT CAN BE. Proiect Contract Signature Authority The Principals of the firm are solely authorized to sign legally binding project contracts on behalf of the firm. Prior to signing, all contracts must be reviewed by the firm's risk management. The following Principals are delegated authority to sign legally binding project contracts: Bruce R. Haldors Michael J. Swenson Kevin R. Collins Jon C. Pascal Daniel G. McKinney Patrick B. Lynch John H. Duesing Approved by: ru�/4YW%,4-- F€aldors President/CEO Transpo Group USA, Inc. Last updated: October 20, 2021 12 131 113rh .Avenue NE, Suite 203, Kirkland WA 98034 1 425 821 3665 I transpogroup com RETURN TO: PW ADMIN EXT: 2700 ID #: 3983 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIv: PUBLIC WORKS / Capital Engineering 2. ORIGINATING STAFF PERSON: Christine Mullen EXT: 2753 3. DATE REQ. BY:.12-Oct-2021 3. TYPE OF DOCUMENT (CHECK ONE): a CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): 0 INTERLOCAL ❑ OTHER 4. PROJECT NAME: S 288th St Road Diet 16th Ave S to 34th Ave S 5. NAMEOFCONTRAc-rOR: Trans ❑ Group USA, Incorporated ADDRESS: 12131 113th Ave NE. Ste. 203: Kirkland, WA 98034 TELEPHONE: 425 896-5249 E-MAIL: Ryan. Peterson [.t. ransgogroup.com FAX: SIGNATURE NAME: Ryan Peterson 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: -Upon execution COMPLETION DATE.: 31-Dec-2023 8. TOTAL COMPENSATION: $ 417,447.36 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES d NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: d YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: D36238-24110 9. DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED ❑ PROJECT MANAGER ym 06-O.t-2021 ❑ DIVISION MANAGER SLH 10/8/2021 ❑ DEPUTY DIRECTOR DW 10111n1 ❑ DIRECTOR =- ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW DEPT KVA 10119/2021 10. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 11. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: 10/20/21 DATE REC' D: 10/20/2021 ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, 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 ❑ FINANCE DEPARTMENT ❑ LAW DEPT SIGNATORY (MM YOa OR DIRECTOR) v piC CITY CLERK ❑ ASSIGNED AG # A S ❑ SIGNED COPY RETURNED DATE SENT: ID• AAn•��o4 COMMENTS: EXECUTE" 1 " ORIGINALS WSDOT standard lone 1/2020 Local Agency A&E Professional Services Cost Plus Fired Fee Consultant Agreement Agreement Number: Firm/Organization Legal Name (do not use dba's): Transpo Group USA, Inc. Address Federal Aid Number 12131 113th Ave NE, Ste. 203; Kirkland, WA 98034 N/A UBI Number 603 258 009 Execution Date `012o1202k 1099 Form Required ❑i Yes ❑ No Project Title S 288th St Road Diet (16th Ave S to 34th Ave S) Description of Work Federal TIN or SSN Number 46-1523472 Completion Date 31-Dec-2023 Federal Participation ❑ Yes ❑/ No CITY OF FEDERAL WAY - PROJECT #36238 Engineering services for a roadway improvement project on S 288th St. Improvements will provide a continuous bicycle and ADA-accessible pedestrian route between 16th Ave S and 34th Ave S, mid -block pedestrian crossings, and signal modification/replacement. This project is a "road diet" project that will eliminate through vehicular lanes to provide bicycle lanes and a TWLT lane along the corridor. This project has been divided into two segments which will be bid & constructed separately. Segment A: S 288th St - 16th Avenue S to Military Road S Segment B: S 288th St - Military Road S to 34th Ave S ❑ Yes ❑ Yes ❑ Yes ❑ Yes Index of Exhibits ❑i No DBE Participation Total Amount Authorized: $417,447.36 ❑� No MBE Participation Management Reserve Fund: $0 ❑/ No WBE Participation Maximum Amount Payable: $417,447.36 ❑i No SBE Participation Exhibit A Scope of Work Exhibit B DBE Participation Exhibit C Preparation and Delivery of Electronic Engineering and Other Data Exhibit D Prime Consultant Cost Computations Exhibit E Sub -consultant Cost Computations Exhibit F Title VI Assurances Exhibit G Certification Documents Exhibit H Liability Insurance Increase Exhibit I Alleged Consultant Design Error Procedures Exhibit J Consultant Claim Procedures Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 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: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 2 of 14 Revised 02/01/2021 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 DBE goal, a voluntary SBE goal amount of ten percent of the Consultant Agreement is established. The Consultant shall develop 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 the wsdot.diversitycompliance.com program, Payment information shall identify any DBE Participation. 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 Ave S City: Federal Way State: WA Zip: 98003 Email: Christine.Mullen@CityofFederalWay.com Phone: (253)835-2723 Facsimile: IV. Time for Beginning and Completion If to CONSULTANT: Name: Ryan Peterson, P.E. / P.T.O.E. Agency: Transpo Group USA, Inc. Address: 12131 113th Ave NE, Ste. 203 City: Kirkland State: WA Zip: 98034 Email: Ryan.Peterson@transpogroup.com Phone: (425)896-5249 Facsimile: 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: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Page 3 of 14 Agreement Revised 0210112021 V. Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES, specified in Section II, "Scope of Work". The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov). The estimate in support of the Cost Plus Fixed Fee amount is attached hereto as Exhibits "D" and "E" and by this reference made part of this AGREEMENT. A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost, indirect cost rate, and direct non -salary costs. l . 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: ConsultantRatesCawsdot.wa.gov. Failure to supply this information by either the prime CONSULTANT or any of their A&E sub -consultants I 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: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 4 of 14 Revised 0210112021 4. Fixed Fee: The Fixed Fee, which represents the CONSULTANT'S profit, is shown in attached Exhibits "D" and "E" of this AGREEMENT. This fee is based on the Scope of Work defined in this AGREEMENT and the estimated person -hours required to perform the stated Scope of Work. In the event the CONSULTANT enters into a supplemental AGREEMENT for additional work, the supplemental AGREEMENT may include provisions for the added costs and an appropriate additional fee. The Fixed Fee will be prorated and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not previously paid in the progress payments will be covered in the final payment, subject to the provisions of Section IX entitled "Termination of Agreement." 5. Management Reserve Fund (MRF): The AGENCY may desire to establish MRF to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $100,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the MRF is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the MRF shall be made in accordance with Section XIII, "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: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 5 of 14 Revised 0210112021 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. e 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: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 6 of 14 Revised 02/01/2021 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 2000d4a) • 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: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 7 of 14 Revised 02/01/2021 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." A. 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: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 8 of 14 Revised 0210112021 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 fiumished 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: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 9 of 14 Revised 02101/2021 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: 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: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 10 of 14 Revised 02/01/2021 The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third party, and no third parry 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 11G-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: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 11 of 14 Revised 02/01/2021 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 parry without the AGENCY's express written consent or as provided by law. The CONSULTANT agrees to release such information or material only to employees, sub -consultants or subcontractors who have signed a nondisclosure AGREEMENT, the terms of which have been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to the State's Confidential Information. Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the AGENCY's option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State's Confidential Information; or (ii) returned all of the State's Confidential Information to the AGENCY, or (iii) take whatever other steps the AGENCY requires of the CONSULTANT to protect the State's Confidential Information. As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following: the State's Confidential Information received in the performance of this AGREEMENT; the purpose(s) for which the State's Confidential Information was received; who received, maintained and used the State's Confidential Information; and the final disposition of the State's Confidential Information. The CONSULTANT's records shall be subject to inspection, review, or audit upon reasonable notice from the AGENCY. The AGENCY reserves the right to monitor, audit, or investigate the use of the State's Confidential Information collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or investigating may include, but is not limited to, salting databases. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 12 of 14 Revised 02101/2021 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: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 13 of 14 Revised 02/01/2021 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. S€gna 10/20/21 Date d V Date Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office of the Attorney General. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 14 of 14 Revised 0210112021 See attached Exhibit A Exhibit A Scope of Work Project No. 36238 Agreement Number: Exhibit A - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Page 1 of 1 EXHIBIT A Scope of Work Client Name: Cit oy f Federal Way Project Name: S 288th Street Road Diet Exhibit Dated: October 4, 2021 TG: 1.21059.00 Scope of Services Transpo Group USA, Inc. (Consultant) will provide engineering services to the City of Federal Way (City) for the development and analysis of alternatives, and design for one preferred alternative of channelization, signal, and bicycle/pedestrian improvements along S 288th Street between just west of SR 99 (tying into trailhead for 16th Ave S trail project) and 34th Avenue South. The project is funded by two different grants that cover different extents of the project. To facilitate tracking of expenditures for each grant, project tasks will be divided geographically with Segment A from 16th Avenue S to the east side of Military Road S and Segment B from the east side of Military Road S to 34th Avenue South. The Consultant will lead the project and work in coordination with subconsultants, Saez Consulting., Wood, and Universal Field Services to provide a consistent overall project delivery, including alternatives design and analysis and final design across all related engineering disciplines. Added services to the Scope of Services described herein may require a negotiated fee and schedule modification between the Consultant and the City. The Consultant will notify the City as soon as possible of the anticipated impact of changes to project elements on fee and schedule. Project Definition The Consultant has developed this scope with the assumption that the specific project elements identified in the RFQ and through subsequent discussions with City staff are the basis of design. The project will revise channelization along the corridor to convert the existing 4-lane cross-section to three lanes with bike lanes in each direction. Existing curb, gutter, and sidewalk will be maintained unless it does not meet current ADA standards. The project will include the construction of Rectangular Rapid Flashing Beacons (RRFB) at three locations with improved lighting, if needed. The signal at Military Road S will also be replaced and pedestrian signal components at the SR 99 signal will be improved. The project will be divided into two segments and bid separately as follows: Segment A: 16th Avenue S to Military Road S Project Limits: 16th Avenue S to the east side of the intersection of S 288th Street with Military Road S. Approximately 3,000 linear feet. Project Elements: Provide a bicycle facility on or adjacent to S 288th Street between the project limits. Bicycle facility may consist of widened sidewalks, a raised shared use path, pavement markings, regulatory and wayfinding signage, and will require a reduction in the number of and width of travel lanes along S 288th Street. The final form of the bicycle facility may change within the segment and is subject to the selection of a preferred alternative by the City. Provide sidewalk in any sidewalk gaps on both sides of the road within the project limits. Install RRFB's at one location. Upgrade pedestrian signal components at the SR 99 intersection and replace the traffic signal at Military Road S. No traffic signal improvements are anticipated at the intersection of S 288th Street with 18th Avenue S. Upgrade all driveways, sidewalks and ADA ramps within the project limits which do not meet current ADA standards. Segment B: Military Road S to 34th Ave South Page 1 transpO., , OF Proiect Limits: Just east of Military Road S to 34th Ave South. Approximately 2,900 linear feet. project Elements__ Provide a bicycle facility on or adjacent to S 288th Street between the project limits. Bicycle facility shall consist of pavement markings, regulatory and wayfinding signage, and will require a reduction in number of and width of travel lanes along S 288th Street. Install RRFB's at up to two locations. Provide sidewalk in any sidewalk gaps on both sides of the road within the project limits. Upgrade all driveways, sidewalks and ADA ramps within the project limits which do not meet current ADA standards. Assumptions The Consultant has developed this scope with the following assumptions. • Computer Aided Drafting (CAD) will be performed using AutoCAD version 2020. CAD files will be provided to the City at the completion of the project. • All other deliverables besides the CAD files will be provided electronically via PDF and in their original file format. • City of Federal Way Development Standards and CAD standards will be used as a starting point for preparing design concepts and throughout project development. • The City will provide to the consultant all CAD standard files, existing survey data, and any relevant GIS data. • Consultant will prepare special provisions for Division 2-9 based on the City's boilerplate special provisions to the WSDOT Specifications for Road, Bridge, and Municipal Construction. All other bid documents will be prepared by the City. Task 1 — Project Management 1.1A/B Project Coordination The Consultant team project manager will coordinate with the City's project manager on a bi-weekly basis throughout the duration of the project. The coordination will address project scope/status, technical and policy direction, budget, schedule, and meetings. Coordination will be via telephone calls, video chat and email, as appropriate. The Consultant team project manager will also coordinate with subconsultants on a regular basis regarding project scope/status, project direction, budget, and schedule. Time and expenses incurred for this effort will be charged to the appropriate project segment task: Task 1.1A for Segment A, and Task 1.1 B for Segment B. 1.2A/B Progress Reports and Invoicing Detailed progress reports and invoices will be prepared on a monthly basis and provided to the City. Time and expenses incurred for this effort will be charged to the appropriate project segment task: Task 1.2A for Segment A, and Task 1.2B for Segment B. 1.3A/B Meetings The Consultant will conduct meetings virtually or in person at a time agreed on by the Consultant and the City. Meetings will be preferably held via phone or video conference, with the goals of minimizing expense and meeting current public health guidance. The Consultant shall prepare a meeting agenda for each meeting. It is assumed that the Consultant will not be required to distribute meeting minutes following each meeting. This will not preclude communication with the City or Subconsultants to confirm tfanspo _, . ,. r Page 2 understanding of issues raised in these meetings. The following meetings are included in the scope for this Phase, in addition to regular check -ins: 1. Project Kickoff 2. Conceptual Design and Alternatives Analysis Review 3. Preferred Alternative Review 4. 30% Design Plans, Specifications and Estimate comment resolution 5. 85% Design Plans, Specifications and Estimate comment resolution 6. 100% Design Plans, Specifications and Estimate comment resolution Other design meetings may be necessary to discuss alternatives for specific project elements or provide updates on field conditions located by the Consultant and Subconsultants which may affect concepts, alternatives analysis and project designs. In -person meetings may be held at the request of the City, but may require adjustment to the scope of services, fee projection and schedule. These meetings do not preclude regular communication via email and phone between the City and the Consultant regarding project concerns and progress. The Consultant will conduct one field visit following the Project Kickoff meeting with the Consultant's design team to familiarize the team with the project site. Time and expenses incurred for this effort will be charged to the appropriate project segment task: Task 1.3A for Segment A, and Task 1.313 for Segment B. 1.4A/B Project Schedule The Consultant will provide a project schedule to the City and maintain the schedule with monthly updates on progress and affected milestones. The schedule will show milestone dates and events necessary to complete the plans and special provisions to complete the design of all the project improvements. Time and expenses incurred for this effort will be charged to the appropriate project segment task: Task 1.4A for Segment A, and Task 1.413 for Segment B. Task 2 — Data Collection The Consultant will work with the City and subconsultants to identify data needs and collect the necessary data for the design of the improvements. 2.1A/B Existing Data Collection The consultant will work with City staff to gather any existing data that may be available. This is anticipated to include the following: • As -built information of the corridor including: o Signal system at intersections of S 288th Street with SR 99 and Military Road S o Recent roadway improvements o City -owned underground utilities • Peak hour and daily traffic counts along the corridor and at key corridor intersections • Synchro traffic operations files of the signalized intersections for the AM and PM peak hours • 5-year crash history along the corridor Time and expenses incurred for this effort will be charged to the appropriate project segment task: Task 2.1A for Segment A, and Task 2.1 B for Segment B. Page 3 transpo yr 2.2A/B Pedestrian Observations The consultant will work with a traffic count vendor to collect 24-hour pedestrian observations at three locations along the S 288th Street corridor to aid in the evaluation of locations for RRFB placement. The Consultant will coordinate with City staff in choosing the date/time for these observations. This work will consist of documenting volumes and pathways of pedestrians near each of the three locations. The Consultant will document these observations in graphic and tabular format. Time and expenses incurred for this effort will be charged to the appropriate project segment task: Task 2.2A for Segment A, and Task 2.2B for Segment B. Consultant Deliverables • Peak hour pedestrian observations at three locations along the S 288th Street corridor in graphic and tabular format 2.3A/B Topographic Survey Consultant will develop a topographical mapping of 3000 LF (Segment A) and 2900 LF (Segment B) of existing conditions within the roadway ROW that include: 1. Establish control with state plane coordinates and NVGD88 datum. 2. Private Utility Locate (by APS) 3. Establish roadway ROW. 4. Pick up all-surficial feature including catenary line where required. 5. Field note reduction and CADD-Civil3D mapping 6. Review QA/QC 7. Final mapping completed. Consultant Deliverables Final base map of existing conditions in AutoCAD format 2.4A Geotechnical Investigation and Analysis — Segment A Consultant will provide the following geotechnical scope of service: Site Reconnaissance and Field Preparation. Visit the intersection to evaluate the site conditions, mark exploration locations and meet with utility locators. Prepare a traffic control plan and submit to the City of Federal Way for review, comment, and approval. Field Exploration. The results of the site reconnaissance and utility locations (both overhead and underground) will determine the actual locations of the explorations. Traffic control will be provided in accordance with approved traffic control plans and construction permit conditions as the drilling may be in the drive lanes, sidewalks and/or other features within the City of Federal Way right-of-way. Exploratory borings will be drilled to investigate the soil conditions to determine geotechnical design information the signal pole foundation design. For estimating purposes, the scope of work and associated budget assumes one boring drilled at each intersection corner at or near the signal pole locations for a total of four borings. Each boring to be drilled 15 to 25 feet in depth. The borings will be advanced with a truck -mounted drill rig using a hollow -stem auger, operated by an independent firm working under subcontract. Throughout the drilling operation, soil samples will be obtained at 2'/2- or 5-foot depth intervals by the Standard Penetration Test procedure (ASTM:D-1586). After drilling, each hole will be backfilled with a bentonite and the surface patched with ready -mix asphalt or concrete. All drill cuttings will be removed from the site and properly disposed. Laboratory Testing. Consultant will conduct a series of laboratory tests on selected soil samples obtained from the explorations to evaluate the engineering and index properties Cfanspo : . •• Page of the site subsurface soils. These tests will likely include moisture content and grain size distributions. • Geologic Interpretation. Consultant will research available geologic maps and nearby exploration logs, if available; review laboratory test results; prepare boring logs; and prepare a site and exploration plan. • Engineering Analysis. Consultant will use exploration data and laboratory test results to develop conclusions and recommendations for signal pole foundations using WSDOT standard design methods. ■ Report Preparation. The Geotechnical Engineering Report will summarize the subsurface conditions and providing recommendations for pole foundations. Deliverables: • Traffic Control Plan ■ Exploration logs 41 Draft Geotechnical Engineering Report at 30% submittal (Electronic PDF Copy) • Final Geotechnical Engineering Report at 85% submittal (Electronic PDF Copy) Assumptions: • The City of Federal Way will assist with the street use permit application process, waive any feess. • If a bond is required for geotechnical field work, it is assumed the fees and costs of the bond will be negligible. • No costs relative to bonding are included with this scope of work. • Any required bond (and associated performance or maintenance requirements) to be closed after geotechnical field work completion by City of Federal Way. • The City of Federal Way will provide utility locate information in their possession prior to executing our exploration work. • Consultant will call the Underground Utility Locating Service but will not be responsible for any damaged to unmarked, mismarked, or unknown utilities. • The site will be accessible so explorations can be completed in one to one and half days. ■ Structural engineering of the signal poles to be done by others. • Low -mast drill rig not required for clearance from overhead electrical line. • Standard Monday through Friday lam to 5pm working hours available to perform exploration work If City of Federal Way traffic control plan review determines a police officer is required for traffic control, an independent non -City of Federal Way police officer will be retained under subcontract by Consultant. • No utility conflicts at preselected boring locations after utility locate completed. • Concrete pavement coring is not included. • Vacuum truck service to clear boring locations from in -place underground utilities is not included. Boring surfaces patched with cold patch asphalt or cement. • If any exploration borings are advanced within non -paved / landscaped areas, some potential surface rutting or disturbance will be accepted by the City of Federal Way 2.5A/B Cultural Resources Assessment Pertinent literature on the archaeology, ethnography, and history of the project area will be reviewed to determine the probability for archaeological resources and traditional cultural properties. Previous cultural resources studies, historic building and structure inventories, ethnographies, local histories, and historic maps, as well as records held by the Washington State Department of Archaeology and Historic Preservation (DAHP), will be consulted. Consultant will prepare a cultural resources desktop report containing the results of the literature search that meets state and federal standards for reporting as outlined in the guidelines provided by the DAHP. The report will Page 5 transpo TF describe the project setting, summarize and interpret our findings, and provide management recommendations. The report will contain brief geological, prehistoric, and historical contexts for the area. Consultant will submit the report to the DAHP. Consultant will perform a surface inspection the area of potential effect (APE) where ground disturbing activities will take place and/or that have a high probability for known and unknown archaeological resources. Photographs will be taken of the APE to document any notable natural landscape features and/or areas identified as previously disturbed. Surface inspection will entail walking over the land surface and inspecting exposed ground. Any archaeological materials thus found will be flagged for documentation. There will be no collection of artifacts during the site visit, unless circumstances of the find require collection. Time and expenses incurred for this effort will be charged to the appropriate project segment task: Task 2.5A for Segment A, and Task 2.5B for Segment B. Deliverables: • Draft Cultural Resources Desktop Report • Final Cultural Resources Desktop Report Assumptions: • No archaeological sites will be recorded during the site visit. • No excavation will occur during the site visit. • The report will undergo one cycle of review and comment. 2.6A/B Traffic Analysis Consultant will perform existing and design -year level -of -service analysis for the project to document estimated traffic operations at corridor intersections with and without the proposed improvements. Consultant will utilize 24- hour volume and AM and PM turning movement counts collected in 2020 and provided by the City. Consultant will provide new 24-hour counts to be used to adjust the previous turning movement counts to current year volumes. The consultant will document this analysis in a technical memorandum. Deliverable: • Draft Traffic Report • Final Traffic Report Assumptions: • City will provide 2020 AM and PM turning movement counts at each corridor intersection, where available. • City will provide Synchro files for existing corridor, proposed 3-lane corridor, and 2040 forecasted volumes. Task 3 — Alternatives Development and Evaluation The Consultant will develop, under this task, alternatives for the alignment, intersection treatments, and facility type for the Project in each of the two segments. At the project kickoff, the Consultant and the City will agree on and document the project goals. VA Identification of Alternatives — Segment A Based on the survey collected in Task 2 above, the Consultant will develop a maximum of three (3) alternatives for the segment between 16th Avenue S and 18th Avenue S. The purpose of this exercise will be to identify options with the most safety and comfort benefits (with the goal of increasing the share of cyclists who will use the facility) for bicycle facilities in the congested segment between 16th and 18th, which has several turn lanes, two signals and a concentration of traffic volumes, compared to the rest of Segment A. A project team meeting, including the City project manager, will be held midway through this process to review the range of alternatives and discuss other potentially feasible alternatives. The goal of transpo Page 6 � �� the meeting will be to identify which concepts are to be carried forward to evaluation and ensure all feasible and desirable alternatives have been considered. Several figures depicting plan views and sections will be prepared to describe each alternative in more detail. The alternatives will incorporate the following considerations: • Alternative bicycle facilities, such as bike lanes and off-street shared use paths, including identifying minimum widths. Transitions between on -road and off -road facilities will be identified. • Intersection treatments, including signal modifications to the traffic signal at the SR 99 intersection needed to implement each alternative. • Pedestrian facilities such as sidewalks, curb ramp upgrades, and shared use paths and identification of minimum widths. ■ Channelization changes within the paved width to accommodate recommended active transportation facilities. • Impacts to traffic due to changes to channelization, signal phasing, and/or signal timing. • Added right of way requirements to accommodate recommended paved width increases, potential drainage facilities and urban corridor improvements. The Consultant will develop a list of evaluation criteria by which the alternatives will be evaluated. The evaluation criteria is expected to include safety, operations, connectivity, and potential costs but will be confirmed with City staff prior to evaluation. The evaluation criteria will be used to evaluate and compare alternatives and identify a preferred alternative in Segment A. The alternatives evaluation will assist in understanding each potential solution and its advantages and disadvantages based on the evaluation criteria. The findings of the evaluation will be summarized in a matrix format to compare and contrast the various alternatives. After collating feedback from the project team, our team will work with City staff to identify a preferred alternative that best meets the project goals and the stakeholder goals. The alternatives study and selection methodology will be summarized in a technical memorandum. The Consultant will provide a draft format of the memorandum and respond to one round of comments from the City. Consultant Deliverables • Conceptual design exhibits for up to three (3) alternatives • Technical memorandum documenting evaluation criteria and alternatives analysis (draft and final) • Alternatives comparison matrix 3.2A/B RRFB Location Evaluation The pedestrian crossing data collected in Task 2 will be summarized and used as a basis for evaluation of the warrants for up to three RRFB-protected midblock crossings in the S 288th Street corridor. The Consultant will evaluate, at minimum, crossings at/near the intersections of S 288th Street with 20th Avenue S, 28th Avenue S, and the Safeway driveway east of Military Road S. Other locations will be considered based on the crossing data from Task 2 and best practices for pedestrian connections, coordination with transit stops, illumination, sight distance and safety. The evaluation will assess the need for, and safety of a new mid -block pedestrian crossing at each location. The evaluation will consider the following information: • Observations of pedestrian movements along the corridor • Available sight distance • Turning movement geometry and volumes at nearby intersections • Vehicle speeds • Potential utility conflicts • Location and condition of available/potential lighting transpo l Page 7 A technical memorandum will be prepared documenting all analyses, findings, and conclusions. The Consultant will finalize and reproduce the technical memorandum following one round of review comments from the City. Time and expenses incurred for this effort will be charged to the appropriate project segment task: Task 3.2A for Segment A, and Task 3.28 for Segment B. Consultant Deliverables • Technical memorandum documenting evaluation of RRFB locations (draft and final). 3.3A Intersection Control Evaluation — Segment A (Optional Task) If an Intersection Control Evaluation (ICE) is required by WSDOT, the following elements will be included, as required by WSDOT based on the guidelines set in Chapter 1300.05(1) ICE Section of the WSDOT Design Manual. Step 1: Background and Project Needs • Existing Conditions — the existing conditions will include physical characteristics of the site, posted speed, AADT, turning movement volumes, channelization and control features, multimodal facilities, context, and modal priority. Note turning movement volumes will be based on previously collected traffic volumes and AADT as available from the City. • Intersection control alternatives — the analysis will consider the installation of a roundabout or modifications to the traffic signal. • Performance measures — performance measures will include a review of intersection level of service, volume to capacity ratio, and vehicle queuing. • Design concepts — concepts will be designed for the Alternatives assuming modifications to the existing traffic signal and one roundabout concept. Step 2: Feasibility • Right of way impacts including quantity of potential impacts and any expected encumbrances. • Environmental concerns, including sensitive areas or cultural resources, Context/sustainable design, including ongoing maintenance costs, etc. Step 3: Operational and Safety Performance Analysis Traffic Analysis — Traffic volume forecasts will be for a design year and year of opening assuming an annual background growth rate. Operations analyses will be completed for each Alternative. Safety Performance Analysis — Safety analysis per WSDOT safety analysis procedures which will include existing collision history review for the most recent 5-year period, expected and predicted intersection crashes, and complete a comparison of crash reduction. Multimodal Safety and Operations — Discuss how the design for each alternative is expected to affect applicable multimodal users such as pedestrian delay, number of lanes to cross, protected vs permitted turning movements, motorist approach speed, speed differential of users, etc. Step 4: Alternatives Evaluation ■ Benefit/Cost evaluated — Estimated project costs, qualitative Life cycle costs (annual maintenance costs and travel time savings), societal cost savings of reduced crash frequency and/or severity, salvage value. transpo:,,� Page 8 Step 5: Selection • Based on performance tradeoffs and documented project needs, select the recommended alternative. The results of the ICE will be summarized in a technical report to be submitted to WSDOT. The scope assumes one iteration to address any comments from the reviewing agencies. This scope (and fee) does not include modifications to the SR 99 signal other than the pedestrian signal components described above, nor does it include designing a roundabout to a higher design level than the conceptual design needed to complete the ICE, if required. Consultant Deliverables • Draft and Final Technical Report documenting the Intersection Control Evaluation for submittal to WSDOT. Task 4 — 30% Design 4AA/13 30% Design Plans For the preliminary design of the preferred alternative, the Consultant and subconsultants shall develop the channelization, signing, cross -sections, sidewalks and shared use paths, drainage, landscaping, intersection, and traffic signal improvements, as appropriate to the project to a 30% design level. The 30% design level is understood to include sufficient detail to confirm that all project elements meet the City's expectations and goals for the project, but do not provide sufficient detail for construction. Some elements may be dimensioned, but details will be in progress, detailed grading design of ADA ramps will not be completed and signals and other electrical equipment wiring diagrams will not be completed. The horizontal layout of hardscape elements, striping and general location and messaging of signage will be provided for review and confirmation by the City. The 30% design submittal is expected to include the following: • Cover Sheet with Vicinity Map and Index (1 Sheet) • Typical Roadway Sections (3 Sheets) Roadway, Sidewalk, and Shared Use Paving Plans (12 Sheets) • Striping and Signing Plans (12 Sheets) Retaining Walls (if needed, SAEZ, Inc.) (1 Sheet) Traffic Signal Plans (2 Sheets) • RRFB Plans (3 Sheets) • Engineer's Opinion of Probable Cost The 30% submittal will be provided to the City for review and comment. Time and expenses incurred for this effort will be charged to the appropriate project segment task: Task 4.1A for Segment A, and Task 4.1 B for Segment B. Consultant Deliverables • One electronic PDF copy of 30% Plans. • Draft Geotechnical Engineering Report • Traffic Signal and Illumination Supporting Calculations Draft Traffic Report Retaining Wall Design Supporting Calculations 30% Cost estimate in Excel format. r+� Page 9 4.2A WSDOT Channelization Plan — Segment A (Optional Task) If needed, the Consultant shall prepare a channelization plan for approval for the SR 99/S 288th Street intersection. The latest version of the Northwest Region Intersection / Channelization Plan for Approval Checklist will be utilized. A draft copy including the preliminary design will be submitted for review by the City and WSDOT. Comments from the City and WSDOT on the Plan will be addressed and incorporated into the channelization plan, and resubmitted to WSDOT for approval. Any additional review submittals required by WSDOT beyond the one described above shall be considered extra services. Once WSDOT has given their approval, one final full-sized reproducible Mylar set for WSDOT's record copy, if required, will be produced. Consultant Deliverables Draft WSDOT Channelization Plan for Approval • Mylar plans for WSDOT (if required) • Final signed WSDOT Channelization Plan for Approval Task 5 — Public and Stakeholder Involvement The Consultant understands that the City will lead the public and stakeholder outreach. The Consultant will provide material support for the outreach. The City will arrange for and provide the invitations for an open house meeting. The Consultant will assist the City with preparing materials for the open house meeting and attend the meeting, assumed to be a virtual meeting based on current public health guidance, to support the City. The goal of the open house meeting will be to present the project to the public to confirm the design and identify any early concerns that should be incorporated into the development of construction documents. The Consultant will support the City project manager in preparing for, including preparation of exhibits, presentations and handouts, City Council updates, as required. The consultant will also lead design coordination with King County regarding the tie-in to existing facilities on the east end of the project. Consultant Deliverables • Draft and final versions of project graphics/flyer Task 6 — Right -of -Way Acquisition If right-of-way acquisition is required, the Consultant will assist the City in acquiring rights to property needed for the construction of the improvements. All Right of Way activities will be completed per the City's current WSDOT approved Right of Way acquisition policies and procedures. ROW Certification through WSDOT is required. Possible right-of-way needs include: • Additional real property rights from the four corners of the S 288th Street/Military Road S intersection to facilitate the reconstruction of the traffic signal system. • Additional real property rights from the southwest property corner at the intersection of SR 99 and S 288th intersection to facilitate the installation of bike/ped facilities as identified in Task 3.1A. 6.1A Right -Of -Way Acquisition Exhibits Consultant will prepare ROW acquisition documents. Assume 5 property acquisitions between 16th and SR99 and Military Rd S and S 288th St intersections. Page 10 Consultant Deliverables • 5 ROW acquisition Exhibits • 5 Legal Descriptions 6.2A Right -of Way Plan This task is to prepare a Right -of -Way Plan establishing the minimum width of Right -of -Way to accommodate proposed construction and provide proper maintenance of roadway. The deliverable will contain the following elements: Define and dimension areas necessary to construct and maintain the main roadway and necessary outer roadways, entrances, and crossroads. The right of way limits will include areas necessary for construction of traffic signal at S 288th Street/Military road intersection and improvements along the south side of S 288th Street between 16th Avenue S and SR 99. Right of way dimensions will be sufficiently detailed to write deeds to describe the required right of way and easement limits. Right -of -Way plans will be prepared in accordance with WSDOT Local Agency Guidelines (LAG) Manual and submitted to WSDOT for approval. 6.3A Title - Ownership Review Title reports provided by the Consultant, will be used for confirmation of ownerships and base mapping purposes regarding encumbrances that could cause design conflicts. Upon receipt of title reports, Consultant staff will conduct initial reviews of each report to assess future complications during the parcel closing process. Parcel Title Summary and Risk Analysis Memos will be prepared for five (5) separate tax parcels listing encumbrances and exceptions effecting the closing process with recommendations to the City how to resolve each. Consultant Deliverables • Prepare five (5) Parcel Title Summary and Risk Analysis Memo's 6.4A ROW Planning - Administrative Meetings / Team Coordination Two staff from subconsultant Universal Field Services (UFS) will participate in a kick-off meeting and participate in eight (8) progressive team meetings to offer input to various questions presented by City staff and the Design Team. UFS staff will be available to further provide input on an as -needed basis between team meetings. UFS staff will also coordinate with the Design Team to minimize acquisition impacts to each parcel and to ensure the contents meet the minimum requirements for ROW Plan development. 6.5A Public Outreach Assist the City in preparation of a boilerplate "Introduction / Informational Letter" for the City's delivery on City letterhead to all impacted property owners. Letter to include the purpose of the project, the project schedule, and an introduction of the City's Project Team. Consultant will schedule and attend early "one on one" meetings with owners of the five tax parcels as part of a public outreach vetting process to gauge project acceptance, willingness to convey needed real property rights and to share property owner concerns with the Project Team. Consultant Deliverables • Boilerplate "Introduction / Informational letter" for the City's delivery on City letterhead. • Attend early "one on one" meetings once with each owner of the five (5) tax parcels. Cfanspo Page 11 • Summary of owner concerns 6.6A Preparation of Acquisition Documents For each of the five (5) separate tax parcels shown in Table A below, Consultant will prepare acquisition files to include fair offer letters, a standard diary form indicating all contacts with owner(s), recording and ancillary documents, and other items necessary to support Federal and WSDOT Acquisition guidelines. Consultant will provide sample templates of all acquisition documents (offer letters, deeds, easements, right of entries, consent agreements, etc.) for the City's approval for of project use. The City's current acquisition documents will be used if provided. Consultant Deliverables Provide sample templates of all acquisition documents (offer letters, deeds, easements, right of entries, consents, etc.) 6.7A Real Property Valuations Subject to final design, it is assumed the real property rights to be acquired from four (4) of the five (5) tax properties shown in Table A below will be uncomplicated and with estimates of just compensation at $25,000 or less. As such, Administrative Offer Summary (AOS) worksheets in lieu -of Appraisal reports will be prepared as the basis of offers to property owners in conformity with WSDOT's ROW Manual Chapters 4 and 5. It is assumed the remaining one (1) tax parcel will require an Appraisal and Appraisal Review. Note: When offers estimated based on AOS worksheets are more than $10,000 and less than $25,000 owners must be informed in writing an Appraisal will be provided if requested. This caveat may have an impact on the project schedule and the approved Right of Way budget. Consultant Deliverables • Four (4) Administrative Offer Summary (AOS) worksheets. • One (1) Appraisal • One (1) Appraisal Review 6.8A Acquisition Negotiations Acquire real property rights from five (5) separate tax parcels as shown in Table A below. Upon written approval from the City approving the amounts of just compensation determined in the Appraisal reports in sub -task 6.7A above, Consultant will prepare each offer package(s) and promptly present offers to purchase all required real property interests and negotiate in good faith to reach negotiated settlements. Offers will be presented in person when at all possible. Out -of -area owner(s) will be contacted by telephone and by certified mail. Negotiations will be conducted in accordance with statutory and regulatory requirements and will include: Presentation of offers in person; Coordination of administrative settlement approvals with the City; Negotiate as necessary with lien holders assisting escrow in the closing process; Prepare and maintain acquisition files to include fair offer letters, acquisition documents, a standard diary form indicating all contacts with owner(s), and other items necessary for negotiations. Negotiations shall not be deemed to have failed until at least three significant meaningful contacts have been made and documented with each owner and/or their representative through direct personal contacts. As a last resort during negotiations, if an owner is unwilling to agree to a negotiated settlement or provide a Voluntary Possession and Use Agreement, the file will be transmitted to the City's legal team for mediation or filing of a condemnation action. The filing and cost of condemnation proceedings shall be the responsibility of the City. transpo _; ,- 1 Page 12 Consultant Deliverables: • Fully documented Acquisition Negotiation files for parcel closing — five (5) each TABLE A Parcel Data Real Property Rights to Valuation Type Acquire Partial Temporary No. Tax Parcel Owner Name Fee Construction AOS / AR No. Simple Easement (See Note 1 Below) 1 042104-9024 99 Investment, LLC X X AR 2 332204-9161 7 Eleven X X AOS 3 552900-0230 Ambika Investment, LLC X X AOS 4 042104-9117 1 Safeway Store #477 X X AOS 5 042104-9037 1 Lakecrest Shopping Center X X AOS Notes: 1) AOS = Administrative Offer Summary worksheet; AR = Appraisal, Appraisal Review 6.9 Parcel Closing Prior to sending a settled acquisition package to the City, for payment and closing, Universal will request a final update on each title report from the designated Title Company to ensure ownership has not changed and new encumbrances or exceptions have not been recorded. Upon review of updated title information and the previously completed Parcel Title Summary Memo, Universal will provide advisory assistance to the City in determining the most appropriate method of closing each transaction. Subject to the City's Title Clearing policies, the method of closing can be completed in-house or through a reputable escrow firm. Typically, the title company will also provide escrow services. In -House Closing — Generally for low risk and uncomplicated title clearing, this method is subject to the City's title clearing policies and amount of acceptable risk. Signed conveyance documents and payment vouchers will be transmitted to the City for approval and processing. Simultaneously, Universal will coordinate City's title acceptance or rejection of certain exceptions and encumbrances. Submit completed settlement documents to the Title/Escrow company for recording. Escrow Closing — Generally for higher risk and complicated title clearing, this method will also consider the City's title clearing policies. The signed conveyance documents together with escrow instructions will be transmitted to the City for approval and signature. Once City approval is received, the transaction package will be delivered to the designated escrow company for closing and recording. Albeit the escrow firm's responsibility, Universal will work with the Escrow and Title Company in their effort to remove unacceptable exceptions and to obtain title insurance policies for the City. Submit completed settlement documents to the Title/Escrow company for recording. Consultant Deliverables: • Completed Acquisition files - five (5) each. Assumptions Subject to final design and completion of a Right of Way Plan, five (5) separate tax parcels will be impacted by the project and may require various permanent and temporary real property rights. transpo 4 ! Page 13 • There are no federal funds allocated to any phase of the project and ROW certification through WSDOT will not be required. • Right of Way services will be completed in compliance with Federal and WSDOT guidelines to preserve the City's eligibility for future federal funding opportunities • ROW acquisition is limited to Segment A and will not be required in Segment B. • Consultant will order Title Reports for the five tax parcels shown in Table A. • Consultant will secure Right -of -Entry Agreements for design related tasks such as land surveying, geotechnical investigations, etc. • Subject to final design and completion of a Right of Way Plan, five (5) separate tax parcels may be impacted by the project and may require various permanent and temporary real property rights. • In the event additional real property rights are required or if additional parcels are impacted not shown in Table A below, an Amendment to this scope of Work and related Fee Estimate will be required. Real Property Acquisitions with each of the five (5) tax properties shown in Table A below will be uncomplicated and estimated payments of just compensation will be $25,000 or less. Therefore, one Appraisal and Appraisal Review and four (4) Administrative Offer Summary (AOS) worksheets will be prepared as shown in Table A. • In the event it is later determined Appraisals and Appraisals Reviews are required for all five Title / Escrow(5) impacted parcels, an amendment to this Scope of Work and related Estimate will be required. • There are no Occupants or Personal Property displaced by the project. Relocation Assistance services are excluded from this scope of work and related fee estimate. Task 07 — Utility Coordination 7.1A/B Design Coordination The Consultant will coordinate with utility agencies regarding the relocation of existing facilities and provision of new facilities within the project area. Coordination with the utilities will include the following: • Provide the utility agencies with a copy of the base mapping for verification of utility locations. • Provide the utility agencies with a copy of the preliminary (30-percent-complete) design drawings for review. Provide the utility agencies with a copy of the 60 and 90-percent-complete design drawings for review. • Provide the utility agencies with a copy of the 100-percent-complete design drawings for review. Provide the utility agencies with a copy of the Bid -Ready construction documents for information. • Attend up to two (2) Utility Coordination Meetings. • Coordinate with utility agencies during PS&E development. The Consultant will provide support up to the amount shown in the fee proposal. Additional hours will be considered additional work to be negotiated as a supplemental agreement. The design of undergrounding existing overhead or above ground utilities is not included in this scope of work. Time and expenses incurred for this effort will be charged to the appropriate project segment task: Task 7.1 A for Segment A, and Task 7.1 B for Segment B. transpo Id- Page 14 Task 8 - 85% Submittal 8.1A/B 85% Design Plans The City will review the 30% submittal and return a consolidated set of comments to the Consultant. The Consultant and subconsultants will review the City's comments on the 30% submittal and make requested modifications to the project layout. After modifications in response to the 30% submittal, the Consultant and subconsultants will develop additional engineering detail and assessment of design concerns identified in the 30% plans. The 85% design level is understood to include most details sufficient to construct the project. The Consultant and subconsultants will note any outstanding design issues in Notes to Reviewer on the 85% plans. The 85% plans will include the following sheets: • Cover Sheet with Vicinity Map and Index (1 Sheet) • Legend and Abbreviations (1 Sheet) • Demolition, Marking Removal and TESC Plans and Details (12 Sheets) • Typical Roadway Sections (3 Sheets) • Roadway, Sidewalk, and Shared Use Paving and Drainage Plans (12 Sheets) • Roadway and Drainage Details (4 Sheets) • Driveway Details (3 Sheets) • Striping and Signing Plans (12 Sheets) • Retaining Walls (if needed, SAEZ, Inc.) (1 Sheet) • Retaining Wall Details (2 Sheets) • Traffic Signal Plans (2 Sheets) • Traffic Signal Wiring Diagram (2 sheets) • Traffic Signal Pole Chart (2 sheets) • RRFB Plans (3 Sheets) • RRFB Details (1 Sheet) • Traffic Control Plans and Details (12 sheets) • Final Geotechnical Engineering Report • Final Traffic Signal and Illumination Supporting Calculations • Final Traffic Report • Final Retaining Wall Supporting Calculations Time and expenses incurred for this effort will be charged to the appropriate project segment task: Task 8.1A for Segment A, and Task 8.1 B for Segment B. 8.2A/B 85% Opinion of Probable Construction Cost The Consultant will prepare and submit an Opinion of Probable Construction Cost based on the 85% design. The Opinion of Probable Construction Cost will be presented in an Excel spreadsheet corresponding to the sequence of items as will be listed in the Project Manual's final bid schedule. Time and expenses incurred for this effort will be charged to the appropriate project segment task: Task 8.2A for Segment A, and Task 8.213 for Segment B. 8.3A/B 85% Special Provisions The Consultant will prepare Special Provisions based on the City's boilerplate special provisions to the Current WSDOT Standard Specifications for Road, Bridge, and Municipal Construction plus APWA Supplement (English Version), for Divisions 2-9. It is assumed the City will prepare all other bid documents. Page 15 Time and expenses incurred for this effort will be charged to the appropriate project segment task: Task 8.3A for Segment A, and Task 8.313 for Segment B. 8.4A/B 85% Quality Control The Consultant will conduct quality control reviews by senior staff members with appropriate expertise and experience. The senior staff members will scrutinize and question the major elements of the design for adequacy of response to the major design challenges, conformance to accepted design practices, constructability, and compliance with the City's standards. Time and expenses incurred for this effort will be charged to the appropriate project segment task: Task 8.4A for Segment A, and Task 8.413 for Segment B. Consultant Deliverables • Comment response letter/matrix from 30% submittal. • One electronic PDF copy of 85% Plans. • 85% Cost estimate in Excel format. • 85% Special provisions in Word format. Task 9 —100% Design and Final PS&E 9.1A/B 100% Plans. Special Provisions, and Estimate The City will review the 85% submittal and return a consolidated set of comments to the Consultant. The Consultant and subconsultants will review the City's comments on the 85% submittal and make requested modifications. It is not anticipated that there will be significant changes in the project design at the 85% review stage. Significant changes may result in a need for additional negotiated scope, fee and schedule modification. The Consultant will progress the plans, special provisions, opinion of probable construction cost, and supporting documentation to the 100% design level, appropriate for bidding and construction. The purpose of the 100-percent submittal is to confirm the Consultant has addressed all of the City's prior comments. No new design comments are anticipated within the 100-percent submittal. Assumptions Consultant Deliverables • Comment response letter/matrix from 85% submittal. • One electronic PDF copy of 100% Plans. • Cost estimate in Excel format. • Special provisions in Word format. • Final supporting calculations Time and expenses incurred for this effort will be charged to the appropriate project segment task: Task 9.1A for Segment A, and Task 9.1 B for Segment B. 9.2A/B Final PS&E The Consultant will prepare Final plans, special provisions, and opinion of probable construction cost for the City to advertise and solicit bids for project construction. The Consultant will incorporate comments and feedback from previous submittals to the City. Consultant Deliverables Page 16 • Final design plans in PDF format • Final special provisions in PDF format • Final opinion of probable construction cost in PDF format Time and expenses incurred for this effort will be charged to the appropriate project segment task: Task 9.2A for Segment A, and Task 9.213 for Segment B. Task 10—Bid Assistance Task 10A/B - Bid Assistance The Consultant will provide interpretations and clarifications to contractors for plan and specification questions that arise during bidding. In addition, Consultant will prepare up to two (2) addendums. Agency Support • City will facilitate bid opening. • City will send out Notice of Award using information provided by Consultant. • City will prepare addenda summarizing bidder questions and Consultant responses. Assumptions O A pre -bid walk-through is not anticipated. Consultant Deliverables a Up to two (2) bid addendums Time and expenses incurred for this effort will be charged to the appropriate project segment task: Task 10A for Segment A, and Task 10B for Segment B. Task 11—Construction Phase Services The scope of work for Construction Phase Services, including construction management and inspection, will be reviewed and defined at completion of Task 10, Bid Assistance. The associated budget for these efforts will be developed and authorized by supplemental agreement. transpo "E�r Page 17 N/A Exhibit B DBE Participation Agreement Number: Exhibit B - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 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 AutoCAD 2020 Civil 3D 2020 Horizontal control: Washington State Plane Coord NAD 83/11 Vertical control: North American Vertical Datum of 1988 (NAVD-88) Survey data shall be provided as part of the Computer Aided Drafting (CAD) file submittal. Individual topographic survey points shall be included as part of the files. B. Roadway Design Files AutoCAD 2020 Civil 3D 2020 Roadway Design Files shall be provided as part of the CAD file submittal, along with any other design files prepared by the Consultant. C. Computer Aided Drafting Files AutoCAD 2020 Civil 3D 2020 Agreement Number: Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Page 1 of 4 D. Specify the Agency's Right to Review Product with the Consultant The Agency reserves the right to review the Consultant's work product at any time during the project. E. Specify the Electronic Deliverables to Be Provided to the Agency Electronic versions of deliverables (reports, plans, contract documents, etc.) shall be provided to the Agency (in PDF format, as well as editable electronic formats) at the 30% completion stage, 85% completion stage, 100% completion stage, and final documents for bidding. F. Specify What Agency Furnished Services and Information Is to Be Provided The Agency will not provide any electronic data for this project. Agreement Number: Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02101/2021 Page 2 of 4 II. Any Other Electronic Files to Be Provided Electronic deliverables include digital photos (.jpg), Microsoft Project Schedules (.mpp), scanned or electronic documents (.pdf, .doc, As, etc.) III. Methods to Electronically Exchange Data Data is to be transferred by email, or file transfer sites. Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 3 of 4 A. Agency Software Suite The City of Federal Way software suite is Microsoft Office. The City of Federal Way operating system is Windows 10. The City of Federal Way uses B1ueBeam Revu. B. Electronic Messaging System The City of Federal Way email software is Microsoft Outlook. All emails are subject to public records requests. C. File Transfers Format See previous sections. Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Page 4 of 4 See attached Exhibit D Exhibit D Prime Consultant Cost Computations Agreement Number: Exhibit D - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Page 1 of 1 EXHIBIT D Transpo Group USA, Inc Cost Estimate Worksheet transpo' - : 71- hun[cr'! Prc/a=[ lie:nrt H Pay'alas arc effective from July 7. 2021 through July 1 2022, within the ranges shown in the attachment Only key stal! are shown and other staff may work on and charge to the project as needed by the project manager, Oualily Ouality Project Project CAD/ CAD/ Tc ffic Projocl Casnp.l^ Control- Engmerf- Engineer- Graphics- L'+apele- Oparaltun. Pma t 1 h-4 Ci r:! Tralfic Civil Traffic kushiti Admin L L n�W tE nt -S h L+F 6= S3 21 5p C-7 W 512S S35 34 54; gT Labor: 1v.xs iat' IloYli :GOR. 0—®'---� IS 13 ----�-8-584 584 so 5353 ®®!�® so --—®�—�� so so S. so so so �'—--� —_�—��-- L.bof coa[..�iiID�Ii/1f� sae,T1,."111 Ftn IN a %or Loball MJOtUY 5.he...uO"M 5 r1.90a P9 517 321 A7 YSE2 VR 06 vr1.n :r�Rws n E28"1-A 3d s.o. Be 55we Be TOTAL E57MTE Cost Esvmate Prepared on: 10/4/2C21 Exhibit E Sub -consultant Cost Computations If no sub -consultant participation at this time. 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 Exhibit E Agreement Number: Exhibit E - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02101/2021 Page 1 of 1 W V Cl) N d d C a EXHIBIT E O J r N 14L W m o m ��'a vinv u4i mmmm ll�r TH N o � m •: m �a in in +a in .a NNa N N r N Q t7 t7 � LL � N aN - u v N V� m A. •EM o E a a � E m Z' a +9 t3 n = ` o a IV I�g 7 O d CNf M av a � � n ¢ � � h d 0 v w U C E so E q co O < as < a CO U% L 00 F a U Q O 69 U ❑ U �o ❑ So, U R O' W O O O U2tD N E O O O w m N 69 u3 In o L >° E ire O m a .. •5 C o U o L Z+ U , Cr U) W, u� rn w ID O 2 w ❑ •rn in en U) L a ac 0 o dU Ens, m LO ❑ U :Li N O O O a`�? C aEn m m u7 0 E o m r z cv U T 0 o H a E w m R7 z ` co Coo N N M O) O w 0 N iM � O O O O O fA �FA Ei9 •EA �ffl Q m U ❑ W 3 N .H. c = c N c N c c G n 0 8 o a . > m > m > m > m m 5 7 LO N M V G O C1 H c E N L_ C cc O CD Y W C p O w aZ m W Q 9 r N M V �D (O f- ;: �! N O N m C O N m O_ 2 a` 2 m E .N w y O U August 16, 2021 Universal Field Services, Inc. Fee Estimate City of Federal Way / So. 288th Street Road Diet - Segment A Right of Way Acquisition Services DIRECT SALARY COSTS DSC Personnel Hours Rate Cost 1 ROW Oversight 21.00 X $61.75 = 1,296.75 2 Proejct Manager 66.00 X $53.00 = 3,498.00 3 Senior ROW Acquisition Specialist 339.50 X $46.00 = 15,617.00 4 Title / Escrow Specialist 50.00 X $34.00 = 1,700.00 5 Sr Administrative Specialist 28.00 X $27.00 = 756.00 Total Hours 504.5 Total Direct Salary Costs (DSC) = 22,867.75 Indirect Cost Rate (ICR) 51.05% 11,673.99 Fixed Fee (FF) 30.00% 6,860.33 DIRECT NONSALARY COSTS (DNSC, Mileage Miscellaneous Expenses (see note 3 below) SUBCONSULTANTS TOTAL DSC = 41,402.06 2100 miles @ $ 0.560 1,176.00 500.00 TOTAL (DNSC) = 1,676.00 AOS Worksheets - 4 each R.F. Duncan & Associates, Inc. 3,600.00 Appraisal - 1 each R.F. Duncan & Associates, Inc. 4,500.00 Appraisal Review- 1 each SH&H Valuation and Consulting 1,500.00 TOTAL SUBCONSULTANT FEES = 9,600.00 TOTAL ESTIMATE AMOUNT = 52,678.06 Notes: 1.) Universal reserves the right to re -negotiate estimate total if Notice to Proceed not provided within 180 days from the date of this estimate. 2.) Mileage to be billed at $0.560/mile or the approved IRS rate at the time mileage is incurred. 3.) Reimbursable miscellaneous expenses including but not limited to postage, parking, ferry fees, road tolls, etc., at cost - no markup. 2 of 2 H 0 N N (O (D N N w 'r N m O m N l!1 m N m M N 0 0 0 0 N N N a N 10 M O O O O C9 LL'1 m O M O O V O m O r m fD N C-r9 m _ G O r 1n N 'as n42w G J= OZ P'e 4 o�6$9j zg 1e'iry�°8w� a m N !n In O N N �n N In ry m N N m to r V N m !V =0 ° Q N C'.] t0 . a a° d o O d `m LL o to- 3 m E d E C\ d y .� w •N O C N U U O fn d d d y _n N Dc O U LL N w o ��a d C E i s rn m m o Q rn o .d 0 -o a a I-9 Q m 157 % r ¢` o w 0 0 0 d o Nci m °' 0 Z m E .E •1p •c `� �' Q LL coi � c 0 `m a ern a a U W In m F c o aoi c m m t�6 0 ii IL iA li J W � a h r N t�1 C In IO m I1J f� V O N v i m N OJ O M ln�o soo<onm rn lomrn 0 a 0 0 w m m N N l0 a�0 O N ao N Transpo - S. 228th Street and Military Road Signal Poles Estimated Fee Summary Other Direct Costs woo . Breakdown of Wood E & I Expenses Breakdown of Waod E & I Expenses Expense Item Quantity Unit Unit Cust Total Mileage 350 Mlles $0.580 S203.00 3upjAies 1 Each 525.00 S25.00 Subtotal Wood E d 1 Expenses S228 Subcontract Laboratory Expenses Expense Item Quantity Unit Unit Cost Total Moisture 4 Each $25 $100.00 Grain Sire 4 Each $125 $500.00 California Bearing Ratio 0 Each S600 S0.00 Sublotal Laboratory Expensos 3600 Subcontract Drilling & Infiltratian Expenses Drill 1 boring at each of4 intersections (total drilling depth = 106 feet). Ouanti Unfit UnitQaI Mobilization 1 Each $500.00 $500.00 Moving, Set-up, Clean-up Per Baring 4 Each $220.00 $880.00 Drilling 106 Feet $20.00 $2,120.00 Extra Samples 4 Each $25.00 $100.00 Standby- Traffic Control Set Up & Reconfigurations 4 Hour $350.00 $1.400.00 Boring Decommission 106 Feet $6.00 $636.00 Asphalt Patch 4 Each $25.00 $100.00 Drums Soil Removal 6 Each $110.00 $660.00 DOE Fees - Soil 4 Each $25.00 $100.00 Subtotal OnMog Exprsnses $6,495 00 Subcontract Traffic Control Assuming Two days Quantity niUnit Traffic control plan 4 Hour $100.00 $400.00 Regular Flagger - 2 People 34 hour $30.00 $1,020.00 Set up Flagger 18 hour $35.00 $630.00 Advance Warning signs 20 each $10.00 $200.00 Traffic cones 70 each $5.00 $350.00 Arrowboard 1 each $100.00 $100.00 Equipment Truck 2 day $75.00 $150.00 PoliceOfficer- TrafficControl 2day $1,0W.00 $2.0D0.00 Subtotal Traffic Conlrol Ex ense$ S4, 850.00 Subcontract Concrete Conng (included with driller) 112 day minimum Quantity Unit Unit Cost Cost Core holes 0 each S170.00 $0.00 Sublola) Coring Expensss SO.00 Private Utility Locate Quanti.Vnij UnitS129 Utility Locate 5 hour $80,00 $400.00 Subtotal Locating Ex enses $400.00 Subtotal Wood E & I Expenses $228.00 Subtotal Subcontract Expenses $12,346 0% mark-up on subcontract expenses $0 if Other Direct Costs $12,574 10/4/2021 Fa -I Way- a 32M 5T A M1 N cry Rd_Fedeml WeY_ a J 10.1-21.kM1m dw wood. Exhibit G1 - Summary of Costs Geotechnical Study Transpo - S. 228th Street & Military Road Signal Poles Federal Way, Washington Wood Environment & Infrastructure Solutions, Inc. Direct Salary Cost (DSC): Principal Geotechnical Engineer (624 to 625) 11 $77.19 $849.10 Associate Engineer (620 to 623) 0 $66.13 $0.00 Project Geologist/ Engineer (616 to 619) 40 $51.36 $2,054.33 Senior Geologist/ Engineer (615) 51 $42.53 $2,168.78 Staff Geologist/ Engineer (613 to 614) 10 $39.17 $391.65 CAD Drafter (517) 6 $34.65 $207.90 Clerical/ Word Processor (808 to 809) 15 $26.24 $393.67 TOTAL DSC 133 $6,065.42 Overhead Cost (OH COST - including salary additives): OH Rate of 1.273 x DSC 1.273 x Fixed Fee (FF): FF Rate of 0.30 x (DSC) 0.3 x Reimbursable: Field Expenses (mileage, equipment, etc.) Subcontract Expenses (driller, traffic, lab) (0% mark-up) TOTAL REIMBURSABLES (without markup) $6,065.42 = $7,721.28 $6,065.42 = $1,819.63 $228.00 $12, 346.00 _ $12, 574.00 TOTAL $28,180.32 fm 2 0 k / m£ co q� £2 U) �k� � a § c ka2 LL _0E c® GO$/ 3 2 \k5\F\ \ \ ooa-&_ "_ 06 _ 6 2 \N $ //ESf o Ld o / Ln _ _ = o 0 0 o c =oo0Lnq \p%co/2 t@ �k > ] co @ \kgGq§ 5 �/ co / £§ 2 32gk\/ QJ #LO__� a { k 2 2 \- w r- 00000 gRRggg „ Q$22gS km ��_«� �� ---®®--e O 1-00000 C1400goo \#%g§§ $q a� E \SSg88 � w00 "T $ ) \ 2 k \/ /�227 �mmmm E&/%% =aeEe r k]\§\ 3» tmwm= -_ �k d�\$fj/ 6-<< « w c I q)== @ / � E » cn _ FD 2 0 - §mRFm> x w © o=2c§) 2 z /\kkR\ k @ \k@\FI 3 g \ 6 6 c� 4" a c6_ c6 \2 v § ��RSf 0 3 0 / � ® - - =00000 Rgo0LO0 2pco§�Q t@ ED g a e { 2 a. 2 q kCi e \ \ I§ %\k00k/ � / o o o § \ \® 3 / § 5RSg8ELO wadded " [ 2 fo @� �Zq§Q£ \ ry A § __me____ 0 2 2SE\RR � $UA q g\QR§§ j5� k m I > \RSESS 8 / Q § yea§/� § U. o Cl) o I 2 » _ \ $ 2 \ ] > < '/ 0 k\ �7m �7 m« y§mm« U) _ � _r » @a 3: 2 �oaoo § coC °° �5555� \ U \ k G 2 2 - �k m 0 q 2-222 U)0 7 A-« «w o� M 43$ �2\ )g/ co m § @-c « § ƒ�� _ E \ /cn- LU 2 �k\qEm z \ �g3/ /cn a Exhibit F - Title YI Assurances Appendix A & E APPENDIX A During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Non-discrimination in Federally -assisted programs of the U.S. Department of Transportation, (Title of Modal Operating Administration), as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. [Include Modal Operating Administration specific program requirements.] Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, or national origin. [Include Modal Operating Administration specific program requirements.] 4. Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the (Title of Modal Operating Administration) to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the Recipient or the (Title of Modal Operating Administration), as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non- discrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the (Title of Modal Operating Administration) may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the (Title of Modal Operating Administration) may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. Local Agency A&E Professional Services Cost Agreement Number Plus Fixed Fee Consultant Agreement Revised 0210112021 Exhibit F - Title VI Assurances Appendix A & E APPENDIX E During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); ■ Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). Local Agency A&E Professional Services Agreement Number _ Negotiated Hourly Rate Consultant Agreement Revised 0210112021 Exhibit G-1(a) Exhibit G-1(b) Exhibit G-2 Exhibit G-3 Exhibit G-4 Exhibit G Certification Documents Certification of Consultant Certification of Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying Certificate of Current Cost or Pricing Data Agreement Number: CFW 36238 Exhibit G -Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Page 1 of 1 Exhibit G-1(a) Certification of Consultant I hereby certify that I am the and duly authorized representative of the firm of Transpo Group USA, Inc. whose address is 12131 113th Ave NE, Ste. 203; Kirkland, WA 98034 and that neither the above firm nor I have: a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure this AGREEMENT; b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any); I acknowledge that this certificate is to be furnished to the WSDOT and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Transpo Group USA, Inc. Consultant (Firm Name) Sign Authorized Official of Consultant) Date 10/20/21 Agreement Number: Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Exhibit G-1(b) Certification of City of Federal Way I hereby certify that I am the: Q Mayor ❑ Other of the City of Federal Way , and the City of Federal Way or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: a) Employ or retain, or agree to employ to retain, any firm or person; or b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): I acknowledge that this certificate is to be furnished to the WSDOT and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Si re Date Agreement Number: Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 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 / 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. Transpo Group USA, Inc. Consultant (Firm Name) signatweKthorized Official of Consultant) Date 10/20/21 Agreement Number: Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 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. Transpo Group USA, Inc. Consultant (Firm Name) Signature (Auth d Official of Consultant) Date 10/20/21 Agreement Number: Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 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 the S 288th St Road Diet Project * are accurate, complete, and current as of 04-Oct-2021 **. 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: Transpo Group USA, Inc. Signature Date of Execution***: Title Principal *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: Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Exhibit H Liability Insurance Increase To Be Used Only If Insurance Requirements Are Increased NOT USED 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. Agreement Number: Exhibit H - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02101/2021 Page 1 of 1 Exhibit I Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1 Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs, records of labor, materials and equipment. Step 3 Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project 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 further action is required. • There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. Agreement Number: Exhibit 1- Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Pagel 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: Exhibit i - Local Agency ABE Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Page 2 of 2 Exhibit J Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total of $1,000 or less, it would not be cost effective to proceed through the outlined steps. it is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1 Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1, the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Local Programs through the Region Local Programs Engineer. If the 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: Exhibit J - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 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: Exhibit J - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 2 of 2 transpogroup WHAT TRANSPORTATION GAN BE. Tr Project Contract Signature Authority The Principals of the firm are solely authorized to sign legally binding project contracts on behalf of the firm. Prior to signing, all contracts must be reviewed by the firm's risk management. The following Principals are delegated authority to sign legally binding project contracts: Bruce R. Haldors Michael J. Swenson Kevin R. Collins Jon C. Pascal Daniel G. McKinney Patrick B. Lynch John H. Duesing Approved by: aye_ Ace�R. laldors President/CEO Transpo Group USA, Inc. Last updated: October 20, 2021 12131 113th Avenue NE, Suite 203, Kirkland, WA 98034 1 425.821,3665 1 transpogroup.com 10/7/21, 9:23 AM Corporations and Charities System ,iriess�t"lr�7lTl ' ns-and Charities Filing System BUSINESS INFORMATION Business Name: TRANSPO GROUP USA, INCORPORATED UBI Number: 603 258 009 Business Type: WA PROFIT CORPORATION Business Status: ACTIVE Principal Office Street Address: 12131 113TH AVE NE STE 203, KIRKLAND, WA, 98034-6944, UNITED STATES Principal Office Mailing Address: 12131 113TH AVE NE STE 203, KIRKLAND, WA, 98034-6944, UNITED STATES Expiration Date: 12/31/2021 Jurisdiction: UNITED STATES, WASHINGTON Formation/ Registration Date: 12/05/2012 Period of Duration: PERPETUAL Inactive Date: Nature of Business: PROFESSIONAL, SCIENTIFIC & TECHNICAL SERVICES REGISTERED AGENT INFORMATION Registered Agent Name: BRUCE HALDORS Street Address: 12131 113TH AVE NE STE 203, KIRKLAND, WA, 98034-6944, UNITED STATES Mailing Address: 12131 113TH AVE NE STE 203, KIRKLAND, WA, 98034-6944, UNITED STATES GOVERNORS Title Governors Type Entity Name First Name Last Name hftps://cds.sos.wa.gov/#/BusinessSearch/Businesslnformation liTA 10/7/21, 9:23 AM Corporations and Charities System Title Governors Type Entity Name First Name Last Name GOVERNOR INDIVIDUAL BRUCE HALDORS GOVERNOR INDIVIDUAL MCKINNEYJR DANIEL GOVERNOR INDIVIDUAL SWENSON MICHAEL GOVERNOR INDIVIDUAL BRINKERHOFF SARAH Back Filing History 1 Name History I Print Return to Business Search https:Hccfs.sos.wa.gov/#/BusinessSearch/Businessinformation 212 10/7/21, 9:24 AM Washington State Department of Revenue Washington State Department of Revenue < Business Lookup License Information: New search Back to results Entity name: TRANSPO GROUP USA, INCORPORATED Business name: TRANSPO GROUP USA, INCORPORATED Entity type: Profit Corporation UBI #: 603-258-009 Business ID: 001 Location ID: 0001 Location: Active Location address: 12131 113TH AVE NE STE 203 KIRKLAND WA 98034-6944 Mailing address: 12131 113TH AVE NE STE 203 KIRKLAND WA 98034-6944 Excise tax and reseller permit status: Click here Secretary of State status: Click here Page 1 of 3 Endorsements Filter Endorsements held at this loc; License # Count Details Status Expiration dat First issuance i Bainbridge Island General Active Dec-31-2021 Apr-24-2019 Business - Non -Resident Bellingham General 053257 Active Feb-20-2014 Business Blaine General Business - Active Dec-31-2021 Mar-11-2014 Non -Resident Carnation General Business Active Dec-31-2021 Feb-24-2014 - Non -Resident Covington General Business Active Dec-31-2021 Nov-25-2020 - Non -Resident hftps://secure.dor.wa.gov/gteunauth/,/#2 1/3 10/7/21, 9:24 AM Washington State Department of Revenue Endorsements held at this loc. License # Count Details Status Expiration dat First issuance i Edgewood General Business Active Dec-31-2021 Feb-21-2014 - Non -Resident Federal Way General 17-104304-00 Active Dec-31-2021 Sep-07-2017 Business - Non -Resident Ferndale General Business - 60089 Active Dec-31-2021 Jun-24-2020 Non -Resident Issaquah General Business - Active Dec-31-2021 Feb-24-2014 Non -Resident Kirkland General Business BUS27640 Active Dec-31-2021 Jan-06-2019 Lake Stevens General Active Jun-30-2022 Jul-07-2021 Business - Non -Resident Lakewood General Business BL15-00157 Active Dec-31-2021 Apr-09-2015 - Non -Resident Longview General Business 795894 Active Dec-31-2021 Oct-11-2017 - Non -Resident Marysville General Business 3665SVC114 Active Dec-31-2021 Feb-28-2014 - Non -Resident Mercer Island General 170419 Active Dec-31-2021 Oct-09-2019 Business - Non -Resident Governing People May include governing people not registered with seae[ary of state Governing people Title DANIEL, MCKINNEY JR G HALDORS, BRUCE R MICHAEL, SWENSON J SARAH, BRINKERHOFFA Registered Trade Names Registered trade names Status First issued TRANSPO Active Feb-25-2021 The Business Lookup information is updated nightly. 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