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AG 21-154 - FEHR & PEERS TRANSPORTATION CORETURN TO: PW ADMIN EXT: 2700 ID #: 4176 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / Capital Projects 2. ORIGINATING STAFF PERSON: Kent Smith EXT: 2716 3. DATE REQ. BY: 12/15/22 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 -154 ❑ INTERLOCAL ❑ OTHER 4. PROJECT NAME: 21 st Ave S and S 320th Signalization and Pedestrian Improvements 5. NAME OF CONTRACTOR: Fehr & Peers Transportation Co ADDRESS: 1127 Broadway, Suite 102, Tacoma, VITA 98402 TELEPHONE- 2064531612 E-MAIL: c. f ich fehrand eers.com FAX: SIGNATURE NAME: Chdstopher Grgich TITLE: Associate Traffic End 6. EXHIBITS AND ATTACHMENTS: 0 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' Ca - 2►� - COMPLETION DATE: 12/31 /2023 8. TOTAL COMPENSATION: $ no change (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED in PURCHASING: PLEASE CHARGE TO: 304-3100-225-594-31-110 9. DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED 8 PROJECT MANAGER KS 1112312022 8 DIVISION MANAGER 11%4"— 6 DEPUTY DIRECTOR DSW 11/30/22 9 DIRECTOR EJW 12r5r2022 ❑ RISK MANAGEMENT (IF APPLICABLE) A LAW DEPT TMW 121112022 10. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: Na COMMITTEE APPROVAL DATE. - SCHEDULED COUNCIL DATE: Na COUNCIL APPROVAL DATE: 11. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC' D ❑ 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 md L>V4 50FT za [GNATORY (MAYOR OR DIRECTOR) El'"x—W4 X!;!� — CITY CLERK ❑ ASSIGNED AG # AG# ❑ SIGNED COPY RETURNED DATE SENT: (a. ,,n , COMMENTS: EXECUTE' 'ORIGINALS li2020 ` CITY OF CITY HALL Fe d e ra I Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253)835-7000 www cityoffederehway com AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT FOR 21ST AVE S AND S 320TH SIGNALIZATION AND PEDESTRIAN IMPROVEMENTS This Amendment ("Amendment No. 1") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Fehr & Peers, Inc., a California corporation ("Contractor"). The City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for 2 1 " Ave S and S 320th Signalization and Pedestrian Improvements ("Agreement") dated effective October 27, 2021, as follows: 1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no later than December 31, 2023 ("Amended Term"). 2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] AMENDMENT - l - Rev. 3/2017 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www atyoffederahvay com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: By: _ ( Jim, rrel ,Mayor DATE: r FEHR & PEERS, INC.: By: Printed Name: e-A.-CIP-8ICJ Title: 4 55 044-i — he& DATE: (2 l 22 2D2 2. STATE OF WASHINGTON ) ss. COUNTY OF kA ) ATTEST: S phd nie Courtney, CMC, Uy Clerk APPR VED AS TO F J. yan all, City Attorney On this day personally appeared before meth nl 5to & e' (ICY` to me known to be the of iF�r I f ei-- that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this 1 cA day of iDe'C&rrn �c� , 20 JANE H FLYNN Not Notary Public State of Washington Commission # 196934 My Comm. Expires Jan 14, 2026 's signature 'sprinted name C(II Notary Public in and for tli State f Washington. My commission expires ) AMENDMENT - 2 - Rev. 3/2017 Authorized Signers for Fehr & Peers Signer Contract & Proposal Limit Aaron Gooze $100k Alex Rixey $150k Amanda Chapman $50k Andy Kosinski $150k Anjuli Tapia $150k Anjum Bawa $150k Ann Bowers $250k Ariel Davis $150k Ashley Weiss $150k Bill Burton $50k Bob Grandy $250k Brandy Foust $150k Charlie Alexander $150k Chris Breiland $250k Chris Grgich $75k Chris Mitchell Unlimited for Officer, CEO Chris Wahl $50k Claude Strayer $50k Dan Grayuski $400k Dana Weissman $150k Dave Robinson $250k Delia Votsch $50k Don Samdahl $250k Emily Alice Gerhart $50k Emily Finkel $50k Eric Womeldorff $150k Franziska Church $150k Fred Choa $400k Geoff Rubendall $50k Ian Barnes $50k Jason Pack $250k Jeremy Klop $250k Jerry Walters $250k John Gard $250k John Muggridge $250k Jon Nepstad $400k Josh Peterman $150k Julie Morgan $400k F EH R&PE-01 MICHAELA DATE (MMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 12/1/2022 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 License # OE67768 NAMEACT Gigi Yuen IOA Insurance Services He, E re: (925 660-3514 50008 FAX 3875 Ho yard Road ) _ _(AIC, No):(925) 416-7869 Suite 200 R-,Mss..GIgi,Yuen loausa.com Pleasanton, CA 94588 INSURENSI AFFORDING GOVERA NAIC # INSURERA:RLI Insurance Company 13056 INSURED wsuRERs:Hartford CasuaU Insurance Company .29424 Fehr & Peers INsuRER c : Lilbeigtj Surplus Insurance Corp10725 1001 4th Avenue Suite 4120 INSURER. D : Seattle, WA 98154 INSURER E INSURER F : rAlrcaA rcc r'610TICIrA71= MI11U10C0. 0C%1ICIr%KI PJ11"Qr-0. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR TYPE OF INSURANCE ADDL INSDPOLICY SUBJDJ NUMBER POLIICC POLICY EXPL-TR LIMITS A X COMMERCIAL GENERAL LIABILITY j CLAIMS -MADE X� OCCUR X X IPSB0006683 12/6/2022 12/6/2023 EACH OCCURRENCES 2,000,000 PFAWGSEEMENTED $ 1,000,000 MED FXP (Any one er—n $ 10,000 PERSONAL&ADVJNJURY S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: 1 POLICY h_PEef LOC GENERAL AGGREGATE $ 4,000,000 PRODUCTS - OOMP/OP AGG $ 4,000,000 $ OTHER: A 1 AUTOMOBILE LIABILITY l COMBINED SINGLE LIMIT 1,000,000 BODILY INJURY Per erson S ANY AUTO OWNED SCHEDULED AUTOS ONLY A.�UUT�OSSy�p� X i X IPSA0002276 12/6/2022 12/6/2023 BODILY INJURY Per accident)S PQ � t MAGE S X AUTOS ONLY X ALFf05 pNL� A UMBRELLA LIAB X 1 OCCUR A EACH OCCURRENCE S 5,000,000 X EXCESS LIAB CLAIMS -MADE IPSE0002889 12/6/2022 12/6/2023 1 AGGREGATE s 5,000,000 DED I I RETENTION $ S B WORKERS COMPENSATION AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) X 157WEGZJ1989 5/1/2022 5/1/2023 N I A X PER OTI TUM ELF EACH ACCIpE 1,000,000 5 _ E.L. DISEASE -EA EMPLOYEE 5 1,000,000 EL. DISEASE - POLICY Ltd 7 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below C Professional Liab. AEXNYABEFJ2007 12/6/2022 12/6/2023 Per Claim 5,000,000 C Professional Liab. AEXNYABEFJ2007 1216/2022 1216/2023 ,Aggregate 5,000,000 DESCRIPTION OF OPERATIONS I LOGA'nONS I VEHICLES (ACORD 101, Additional Remarks Schedule am i be attached if more space Is requiird) Re : City of Federal Way 21st Ave S & S 328th Signalixation and Pedestrian Improvernents. Fehr & Peers #SE21-0812.00 General Liability: Please see blanket Additional Insured endorsement attached; such coverage is Primary and Non -Contributory with Waiver of Subrogation included, as required per written contract. Auto Liability: No company owned vehicles. Please see blanket Additional Insured endorsement with Waiver of Subrogation included, as required per written contract. 'Workers' Compensation: Waiver of Subrogation is included as per attached blanket Waiver of Subrogation endorsement, as required per written contract. GENERAL LIABILITY & AUTO LIABILITY INCLUDE THE City of Federal Way, as required per written contract CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Federal Way Attn: Christine Tollefson and Kent Smith AUTHORIZED REPRESENTATIVE Public Works Department 33325 8th Avenue S ACORD 25 (2016/03) _ ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: PSB0006683 RLI Insurance Company Named Insured:Fehr & Peers THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack° FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following BUSINESSOWNERS COVERAGE FORM - SECTION II — LIABILITY 1. C. WHO IS AN INSURED is amended to include as an additional insured any person or organization that you agree in a contract or agreement requiring insurance to include as an additional insured on this policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by you or those acting on your behalf: a. In the performance of your ongoing operations; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "product -completed operations hazard". 2. The insurance provided to the additional insured by this endorsement is limited as follows: a. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this policy. b. This insurance does not apply to the rendering of or failure to render any "professional services". c. This endorsement does not increase any of the limits of insurance stated in D. Liability And Medical Expenses Limits of Insurance. The following is added to SECTION III H.2. Other Insurance — COMMON POLICY CONDITIONS (BUT APPLICABLE ONLY TO SECTION II — LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an additional insured under this policy must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that a. The "bodily injury" or "property damage" for which coverage is sought occurs after you have entered into that contract or agreement; or b. The "personal and advertising injury" for which coverage is sought arises out of an offense committed after you have entered into that contract or agreement. 4. The following is added to SECTION III K. 2. Transfer of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS (BUT APPLICABLE TO ONLY TO SECTION II — LIABILITY) We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" arising out of "your work" performed by you, or on your behalf, under a contract or agreement with that person or organization. We waive these rights only where you have agreed to do so as part of a contract or agreement with such person or organization entered into by you before the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" offense is committed. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 304 02 12 Page 1 of 1 Policy Number: PSA0002276 Named Insured: Fehr & Peers A. B. C. D. E. F. G. H. I. J. K. L. M. N. O. P. Q. R. S. T. RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack° BUSINESS AUTO ENHANCEMENT SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT Broad Form Named Insured Employees As Insureds Blanket Additional Insured Blanket Waiver Of Subrogation Employee Hired Autos Fellow Employee Coverage Auto Loan Lease Gap Coverage Glass Repair —Waiver Of Deductible Personal Effects Coverage Hired Auto Physical Damage Coverage Hired Auto Physical Damage — Loss Of Use Hired Car — Worldwide Coverage Temporary Transportation Expenses Amended Bodily Injury Definition — Mental Anguish Airbag Coverage Amended Insured Contract Definition — Railroad Easement Coverage Extensions — Audio, Visual And Data Electronic Equipment Not Designed Solely For The Production Of Sound Notice Of And Knowledge Of Occurrence Unintentional Errors Or Omissions Towing Coverage PPA 300 03 13 This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM A. Broad Form Named Insured The following is added to the SECTION II - COVERED AUTOS LIABILITY COVERAGE, Para- graph A.1. Who Is An Insured Provision: Any business entity newly acquired or formed by you during the policy period, provided you own fifty percent (50%) or more of the business entity and the business entity is not separately insured for Bus- iness Auto Coverage. Coverage is extended up to a maximum of one hundred eighty (180) days following the acquisition or formation of the business entity. This provision does not apply to any person or organization for which coverage is excluded by endorsement. B. Employees As Insureds The following is added to the SECTION II - COVERED AUTOS LIABILITY COVERAGE, Para- graph A.1. Who Is An Insured Provision: Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. C. Blanket Additional Insured The following is added to the SECTION II - COVERED AUTOS LIABILITY COVERAGE, Para- graph A.1. Who Is An Insured Provision: Any person or organization that you are required to include as an additional insured on this coverage form in a contract or agreement that is executed by you before the "bodily injury' or "property damage" occurs is an "insured" for liability coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in SECTION II - COVERED AUTOS LIABILITY COVERAGE. The insurance provided to the additional insured will be on a primary and non-contributory basis to the additional insured's own business auto coverage if you are required to do so in a contract or agreement that is executed by you before the "bodily injury" or "property damage" occurs. D. Blanket Waiver Of Subrogation The following is added to the SECTION IV - BUSI- NESS AUTO CONDITIONS, A. Loss Conditions, S. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against any person or organization to the extent required of you by a contract executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. E. Employee Hired Autos 1. The following is added to the SECTION II - COVERED AUTOS LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured Provision: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. 2. Changes In General Conditions: Paragraph 5.b. of the Other Insurance Con- dition in the BUSINESS AUTO CONDITIONS is deleted and replaced with the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". F. Fellow Employee Coverage SECTION II - COVERED AUTOS LIABILITY COVERAGE, Exclusion B.5. does not apply if you have workers compensation insurance in -force covering all of your employees. G. Auto Loan Lease Gap Coverage SECTION III - PHYSICAL DAMAGE COVERAGE, C. Limit Of Insurance, is amended by the addition of the following: In the event of a total "loss" to a covered "auto" shown in the Schedule of Declarations, we will pay any unpaid amount due on the lease or loan for a covered "auto", less: 1. The amount paid under the PHYSICAL DAMAGE COVERAGE section of the policy; and 2. Any: a. Overdue lease/loan payments at the time of the "loss"; PPA 300 03 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number: 57 WEG ZJ1989 Named Insured and Address: FEHR & PEERS 100 PRINGLE AVE STE 600 WALNUT CREEK CA 94596 Endorsement Number: We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. 11130122, 7:03 AM Corporations and Charities System 55C�&and Charities Filing System BUSINESS INFORMATION Business !Name FEHR & PEERS, INC. U61 Number. 602 671 978 Business Type, - FOREIGN PROFIT CORPORATION Business Status: ACTIVE Principal Office Street Address.: 501 UNION ST, SUITE 3525, 5EATTLE, WA, 98101-0042. UNITED STATES Principal Office Mailing Address: 100 PRIINGLE AVE, SUITE 600, WALNUT CREEK, CA, 94596-3582, UNITED STATES Expiration Date: 05/31/2023 jurisdiction: UNITED STATES, CALIFORNIA FQrmation/ Registration Date: 05127120CS Period of Duration: PERPETUAL Inactive Date: Nature of Bu51ne55: PROFESSIONAL, SCIENTIFIC & TECHNICAL SERVICES REGISTERED AGENT INFORMATION Registered Agent Name: 14a,Il •'3'3LlIIYJ21A] Street Add re5s. 601 UNION S7 SUITE 352S, SEATTLE, WA, 98101-0042, UNITED STATES Mailing Address: 601 UNION ST, SUITE 3525, 5EATTLE, WA, 98101-0042, UNITED STATES GOVERNORS hltps:llcds.sas.wa.govl#13usiness5earch/Husinessln#ormaiian 1 /2 11/30/22, 7:03 AM Corporations and Charities System Title Governors Type Entity Name First Name Last Name GOVERNOR INDIVIDUAL STEVEN BROWN GOVERNOR INDIVIDUAL SARAH BRANDENBERG GOVERNOR INDIVIDUAL RON MILAM GOVERNOR INDIVIDUAL MATTHEW RIDGWAY GOVERNOR INDIVIDUAL, CHRISTINE SHIELDS Back Filing History11 Name History j Print 11 Return to Business Search https://ccfs.sos.wa.gov/#/BusinessSearch/Businesslnformation 2/2 11/30/22, 7:04 AM Washington State Department of Revenue \y,'Jashington SCate Depart! -lent OF Rel!eilue < Business Lookup License Information: New search Back to results Entity name: FEHR & PEERS, INC. Business name: FEHR & PEERS ASSOCIATES, INC. Entity type: Profit Corporation UBI #: 602-671-978 Business ID: 001 Location ID: 0001 Location: Active Location address: 1001 4TH AVE STE 4120 SEATTLE WA 98154-11 SS Mailing address: 100 PRINGLE AVE STE 600 WALNUT CREEK CA 94596-3582 Excise tax and reseller permit status: Click here Secretary of State status: Click here Endorsements Endorsements held at this loc License # Count Details Status Expiration dat First issuance Bainbridge Island General Active May-31-2023 May-23-2022 Business - Non -Resident Bothell General Business - 7902 Active May-31-2023 Jun-30-2021 Non -Resident Federal Way General Active May-31-2023 May-27-2022 Business - Non -Resident Kirkland General Business - OBL21294 Active May-31-2023 May-16-2018 Non -Resident Spokane Valley General Active May-31-2023 Feb-11-2016 Business - Non -Resident https://secure.dor.wa.gov/gteunauth/_/#3 1 /2 11 /30/22. 7:04 AM Washington State Department of Revenue Endorsements held at this loc License # Count Status Wenatchee General 190280 Active Business Governing People May include governing people not registered with Secretary of State Governing people Title BRANDENBERG, SARAH BROWN, STEVEN MILAM, RON RIDGWAY, MATTHEW SHIELDS, CHRISTINE View Additional Locations Expiration dat First issuance May-31-2023 Oct-16-2019 The Business Lookup information is updated nightly. Search date and time: 11/30/2022 7:04:40 AM 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/_t#3 212 RETURN TO: PW ADMIN EXT: 2700 ID #: 3978 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIv: PUBLICWoRKS1 Capital Projects 2. ORIGINATING STAFF PERSON; Kent Smith EXT:.2753 3. DATE REQ. BY: 10/8/21 3. TYPE OF DOCUMENT (CHECK ONE): p CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT 0 PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL ❑ OTHER 4. PROJECT NAME: 21 st Ave S and S 320th SI nalization and Pedestrian Improvements 5. NAME OF CONTRACTOR. Fehr & Peers Transportation Co ADDRESS: 1127 Broadway, Suite 102, Tacoma, WA 98402 TELEPHONE:2064531812 E-MAIL: C.ar ich _ fehrandpeers.com FAX: SIGNATURE NAME:Christopher Grgich TITLE: Associate Traffic EnLii 6. EXHIBITS AND ATTACHMENTS: 0 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: TB D to t't Z 2 ! COMPLETION DATE: 12/31 /2022 8. TOTAL COMPENSATION: $ 273,583.00 (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: Cl CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 306-4400-225-595-64440 j, DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED 6 PROJECT MANAGER KS 9/24/2021 6 DIVISION MANAGER SLH 9/30/2021 8 DEPUTY DIRECTOR DSw 10/5/21 8 DIRECTOR EJw 10115=21 ❑ RISK MANAGEMENT (IF APPLICABLE) d LAW DEPT KVA 10/14/2021 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: 10/15/21 DATE REC' D: 10/25/21 ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDERINOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE (INCLUDE DEPT. SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.) INITIAL / DATE SIGNED ❑ FINANCE DEPARTMENT 8 LAW DEPT 1L 2� i A SIGNATORY (MAYOR OR DIRECTOR) jD *7 8 CITY CLERK ❑ ASSIGNED AG # AGn ❑ SIGNED COPY RETURNED DATE SENT: i v� COMMENTS: E\ECUTE " 'ORIGINALS 1/2020 CITY OF CITY HALL A'! Federal Vila 33325 8th Avenue South y Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com PROFESSIONAL SERVICES AGREEMENT FOR 21ST AVE S AND S 320TH SIGNALIZATION AND PEDESTRIAN IMPROVEMENTS This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Fehr & Peers, Inc., a California corporation ("Contractor"). The City and Contractor (together "Parties") are located and do business at the below addresses, which shall be valid for any notice required under this Agreement: FEHR & PEERS, INC.: Chris Grgich 1127 Broadway Suite 102 Tacoma, WA 98402 (206) 453-1612 (telephone) com The Parties agree as follows: CITY OF FEDERAL WAY: Kent Smith, P.E. 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-2753 (telephone) .com 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Services specified in this Agreement, but in any event no later than December 31, 2022 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the Parties. 2. SERVICES. The Contractor shall perform the services more specifically described in Exhibit A ("Services"), attached hereto and incorporated by this reference, in a manner consistent with the accepted professional practices for other similar services within the Puget Sound region in effect at the time those services are performed, performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. Services shall begin immediately upon the effective date of this Agreement. Services shall be subject, at all times, to inspection by and approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Agreement, notwithstanding the City's knowledge of defective or non -complying performance, its substantiality or the ease of its discovery. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days' written notice at its address set forth above. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 of this Agreement. Termination for such conduct may render the Contractor ineligible for City agreements in the future. 4. COMPENSATION. 4.1 Amount. In return for the Services, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit B, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit B, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance of Services and payment under this Agreement. 4.2 Method of Payment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Services have been performed, the name of the personnel performing PROFESSIONAL SERVICES AGREEMENT - 1 - Rev. 7/2021 41 CITY 8F � . Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederetway com such Services, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Services. Payment shall be made on a monthly basis by the City only after the Services have been performed and within thirty (30) days following receipt and approval by the appropriate City representative of the voucher or invoice. If the Services do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. INDEMNIFICATION. 5.1 Contractor Indemnification. The Contractor agrees to release, indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives; arising from, resulting from, or in connection with the willful wrongdoing, or the negligent acts, errors or omissions of the Contractor in performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub -contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub -contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees, or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: PROFESSIONAL SERVICES AGREEMENT - 2 - Rev. 7/2021 CITY OF CITY HALL Federal Wa Feder 8th Avenue South �- Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com 6.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products -completed operations, stopgap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $2,000,000 for each occurrence and $2,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington. C. Automobile liability insurance covering all owned, non -owned, hired, and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. d. Professional liability insurance with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate for damages sustained by reason of or in the course of operation under this Agreement, whether occurring by reason of acts, errors or omissions of the Contractor. 6.2. No Limit of Liability. Contractor's maintenance of insurance as required by this Agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance. 6.3. Additional Insured Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit C and incorporated by this reference. At the City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is terminated or upon project completion and acceptance by the City. 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential and subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. All records submitted by the City to the Contractor will be safeguarded by the Contractor. The Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records request. Notwithstanding, Contractor may reference City and the nature of the Services as documentation of its expertise and experience. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media, or material that may be produced or modified by Contractor while performing the Services ("Work Product") shall belong to the City upon delivery. The foregoing provision for City's ownership does not apply to any intellectual property owned or created by any third party other than Contractor or City ("Third -Party Content") or to any inventions, improvements, discoveries, methodologies, models, formats, software, algorithms, processes, procedures, designs, specifications, findings, and other intellectual properties developed, gathered, compiled or produced by Contractor prior to or independently of any of its performance of the Services ("Background IP"), including such Third -Party Content or Background IP that Contractor may employ in its performance of the Services, or may incorporate into any part of the Work Product. Contractor shall retain all rights, titles, and interests, including but not limited to all ownership and intellectual property rights, in all such Background IP. Contractor grants City an irrevocable, non-exclusive, non -transferable, royalty -free license in perpetuity to use, reproduce, prepare derivative works based upon, distribute, disclose, and derive from perform, and display, such Background IP, including the right of City to authorize contractors, consultants and others to do the same on City's behalf, but only as an inseparable part of the Work Product. In the event the Work Product contains, or incorporates any Third -Party Content, or derivative work based on such Third - Party Content, or a compilation that includes such Third -Party Content, or in the event any such Third -Party Content is PROFESSIONAL SERVICES AGREEMENT - 3 - Rev. 7/2021 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253)835-7000 www cityoffederahvay com needed by City to reasonably enjoy and use Contractor's work under this Agreement, Contractor shall secure on City's behalf an irrevocable, non-exclusive, non -transferable, perpetual, royalty -free license in perpetuity for City to use, reproduce, prepare derivative works based upon, distribute, disclose, perform, and display, the Third -Party Content, including the right of City to authorize contractors, consultants and others to do the same on City's behalf, but only as an inseparable part of the Work Product. The Contractor shall make all such data, documents, and files described above available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Services specified in this Agreement, and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review, or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 10. INDEPENDENT CONTRACTOR. The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay, or any other benefit of employment, nor to pay any social security or other tax that may arise as an incident of this Agreement. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the Services specified in this Agreement and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the Services. The Contractor shall pay all income and other taxes due except as specifically provided in Section 4 of this Agreement. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other entities or persons; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, the negotiation, drafting, signing, administration of this Agreement, or the evaluation of the Contractor's performance. 12. EQUAL OPPORTUNITY EMPLOYER In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, honorably discharged veteran or military status, sexual orientation including gender expression or identity, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Parts 21, 21.5, and 26, or any other applicable federal, state, or local law or regulation regarding non- discrimination. PROFESSIONAL SERVICES AGREEMENT - 4 - Rev. 7/2021 CITY OF CITY HALL Federal Wa 33325Avenue South �� Federall Way, WA 98003-6325 (253) 835-7000 www cityoffederatway com 13. GENERAL PROVISIONS. 13.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terns of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assignment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non -assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence in this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity, or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules, and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; however, nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. PROFESSIONAL SERVICES AGREEMENT - 5 - Rev. 7/2021 CITY OF CITY HALL 1 33325 Federal WayFeder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederafway com 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof, it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution' hereof. [SIGNATURE PAGE FOLLOWS] PROFESSIONAL SERVICES AGREEMENT - 6 - Rev. 7/2021 CITY OF CITY HALL Fe d e ra Way a 8tt, Avenue South Feder f Federal Way, WA 98003-6325 (253)835-7000 www cityol%dera/way com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: ATTEST: ]i ell, Mayor Mpqanie Courtney, CMC, Clerk DATE: APPROVED AS TO FORM: r Ryan Call, City Atto FEHR & PEERS, INC.: By: Printed Name: Dan e r us i• Title: Pr DATE: 1 b I ::1-0 STATE OF WASHINGTON ) ) ss. COUNTY OF K I ,0 On this day ersonally appeared before me rit 6r0. GlS�I, to me known to be the f►f1 nCkpa. of 5� r `r that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal thisoCd�day ofyc--ro b-ec— , 2P-� tary's signature JANE H FLYNN tary's printed name re — Notary Public Notary Public in and for the S ate �of))Washington. 6d6 State of Washington My commission expires L4 My Appointment Expires Jan 14, 2022 PROFESSIONAL SERVICES AGREEMENT - 7 - Rev. 7/2021 CITY OF CITY HALL Fe d e ra. I WayFeder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cifyoffederalway com EXHIBIT A SERVICES The Contractor shall do or provide the following: Introduction Fehr & Peers, Inc. ("Fehr & Peers") will prepare design documentation, plans, specifications, and an estimate for proposed signal improvements at S 320t' Street / 2 1 " Avenue S in the City of Federal Way ("City"). The signal shall provide for protected east and westbound left -turning movements and protect pedestrian crossing of S.3201n Street. This scope of work details the anticipated tasks needed to deliver the final PS&E package for advertisement by the City. Project Management Fehr & Peers will coordinate with the City and their subconsultants including phone calls and emails. Fehr & Peers will provide monthly project invoices with progress reports. Kick -Off Meeting Fehr & Peers shall attend a project kick-off meeting. The kick-off meeting will be virtual (via teleconference, Microsoft Teams, or other means of video or audio conference), and will be attended by the design team (2 staff from Fehr & Peers, 2 staff from KPFF, and 1 staff member from each other sub -consultant, or up to 6 total staff). The purpose of this meeting will be to review the proposed scope and project understanding, establish project management and communication protocol, introduce project team and City staff, and establish the project schedule expectations. Monthly Design Team Meetings Fehr & Peers and subconsultants will attend monthly project coordination meetings as required for the length of the project. The project is expected to run 12 months from kick-off to signed plans, specifications, and estimate. Up to 12 monthly coordination meetings shall be attended by the design team (2 staff from Fehr & Peers, 2 staff from KPFF, and 1 staff member from each other sub -consultant, or up to 6 total staff). Topics to be covered in the monthly project design team meetings include tasks completed in the previous month; tasks planned for the next month; project schedule and budget adherence; and design team coordination as needed. Monthly Project Management Meetings The Fehr & Peers project manager and design lead will meet with the City's project consultant manager monthly, on off weeks between the monthly design team meetings to update him on project progress and other coordination needs with the City. Up to 12 monthly project management meetings will be attended by up to 2 staff from Fehr & Peers. Project Schedule & Schedule Adherence The Fehr & Peers project manager will establish a project schedule and coordinate schedule expectation with the City and the subconsultants. The project manager will manage schedule adherence and update the City's consultant manager of any deviations from the planned scheduled prior to any change in milestone expectations. PROFESSIONAL SERVICES AGREEMENT - 8 - Rev. 7/2021 CITY OF CITY HALL Federal Vila 8th Avenue South Feder �. y Federal Way, WA 98003-6325 (253)835-7000 www cityoffedere4ey com Progress Reports & Invoices Fehr & Peers will submit monthly progress reports and invoices by the 15th of each month. Progress reports shall summarize the work completed during the invoice period, expected work to be completed in the follow period, and any outstanding issues that need to be addressed. Project QA/QC Plan & Adherence Fehr & Peers and their subconsultants will prepare a QA/QC plan for the project. That plan will be managed internally unless requested by the City Consultant manager. Subconsultants will either submit their own QA/QC plan or follow Fehr & Peers' plan, submitting their QA/QC activities if requested. Assumptions • The Project schedule is expected to be 12 months from kick-off to bid -ready package delivery. • All meetings are expected to be held virtually over Microsoft Teams and are expected to be 1 hour. Deliverables • Kick -Off Meeting Agenda and Notes • Monthly Design Team Meeting Agendas and Notes • Project Schedule & Updates as needed • Monthly Progress Reports & Invoices Traffic Safety & Operations Analysis (Fehr & Peers) Traffic Safety Analysis Fehr & Peers will request the corridor collision data from the WSDOT public information request portal via their website. Data will be collected for the five most recent available years (2015-2019) for S 320th Street from Pacific Highway to I-5. Existing collision history data collected for the project will be evaluated to identify any trends to be addressed by the proposed improvements. Traffic Operations Analysis Intersection operations will be modeled in Synchro/SimTraffic to determine the expected future operations of the intersection. An existing traffic model will be created for AM peak hour, mid -day and PM peak hour. The City will provide PM peak hour counts and tube counts for estimated AM peak hour before COVID-19 pandemic. Fehr & Peers will request mid -day count from data vendor. A future build scenario model will be constructed based on existing model with design year traffic volume, which will be provided by the City. The operations model will include: S 320th Street / Pete Von Reichbauer Way S, • S 320th Street / 21 st Ave S, and, • S 320th Street / 20t1' Ave S. PROFESSIONAL SERVICES AGREEMENT - 9 - Rev. 7/2021 CITY of; CITY HALL Federal Wa 33325 8th Avenue South �� Federal Way, WA 98003-6325 (253)835-7000 www cltyolfederalway com The analysis will consider the following analysis scenarios: • Construction Year No -Build Alternative • Construction Year Build Alternative • Design Year (10 years after construction) No -Build Alternative • Design Year Build Alternative Future conditions of the signal will be controlled by the City's adaptive signal system. Therefore, the operational analysis will be abbreviated and focused on signal phasing and queues between signals and determining protected versus pennitted-protected left -turn phasing. Traffic Safety & Operations Summary Memo Fehr & Peers shall document the findings & results of the existing and alternative operational and safety evaluation in a Traffic Operations & Safety Summary Memo. Fehr & Peers will submit a draft of the report for City review. After reviewing and responding to the comments received, Fehr & Peers will submit a final draft of the memo. Assumptions • Turning movements for the PM peak hour will be provided by the City. Turning movements for the AM Peak hour will be estimated based on tube counts to be provided by the City. • Future volume forecasts will be provided by the City. Deliverables • Raw traffic Data collected for analysis. • Draft & Final Traffic Safety & Operations Summary Memo • Synchro/SimTraffic Model Files Survey & Base Map (MacKay Sposito) 1.1 Topographic Survey MacKay Sposito will conduct a topographic survey along S. 320t' St. 200 feet East and West from the intersection of 21 st Ave. S. and along 21 st Ave. S., North and South from the intersection of S. 320th St. Features to be located include, but are not limited to, sidewalk, curb and gutter, and channelization at a 35' cross section interval. Visible utilities and utility paint markings from Washington One Call will be tied. Ground shots behind the back of sidewalk will be taken to generate a 1' contour interval. Channelization East and West along S. 320th St. Will be located for an additional 500 feet. Buildings and hardscape features at the southeast and southwest corners of the intersection will be located. The edge of parking lot will be located at the northwest corner. The northeast corner of the intersection appears to be under construction. Permanent structures will be tied, and ground shots taken where no structures exist. The vertical datum will be based on NAVD 88 and will be established using monuments of record per the City, County, and WSDOT. The horizontal datum will be based on NAD 83/91 and will be established using monuments of record per the City, County and WSDOT. PROFESSIONAL SERVICES AGREEMENT - 10 - Rev. 7/2021 CITY OF CITY HALL Fe d e ra I a 8th Avenue South Feder J y Federal Way, WA 98003-6325 (253) 835-7000 www cilyoffederalway com 1.2 Right -of -Way & Survey Control MacKay Sposito will perform research and review maps, plats, legal descriptions, and title reports for the establishment of the existing project rights -of -ways and any permanent easements. Existing monumentation will be field tied to control the rights -of -way. Assumptions The City will provide all available as-builts for the project area. Deliverables A base map in Civil 3D 2020 will be provided to the team. A hard copy of the project's existing conditions will be stamped by a licensed surveyor and issued for the plan set. Geotechnical Investigation (GeoEngineers) Geotechnical Planning, Coordination and Field Explorations GeoEngineers, as a subconsultant to Fehr & Peers, will coordinate project activities with the City and their subcontractors. It is anticipated that one travel lane near each new signal pole location will need to be closed to access boring locations and obtain samples. GeoEngineers will coordinate planning and scheduling for subcontracted drilling and traffic control services. GeoEngineers will visit the project site to coordinate and mark out preliminary boring locations and contact the "One -Call" Utility Notification Center, as required by Washington State law. GeoEngineers will complete the utility locate process in two part-time site visits. The first site visit will be to mark preliminary exploration locations and to contact the "One -Call" Utility Notification Center. The second site visit will be to check the status of underground utility locates on site and to follow up with any utility locates that may have not been marked or adequately marked. GeoEngineers will not be liable for damage to underground utilities. GeoEngineers will advance two hollow -stem auger borings, one near each proposed signal pole foundation location to a nominal depth of 20 feet below ground surface (bgs). This scope includes up to 50 lineal feet of drilling. Part of this service includes subcontracted vacuum truck services to clear boring location of soil to check for presence of utilities. We will obtain soil samples and perform standard penetration tests (SPT) at 2.5- to 5-foot intervals to sample soils and measure in -place density. Geotechnical Design and Reporting GeoEngineers will review existing readily available subsurface information and published geologic maps and conduct laboratory testing on selected soil samples. Laboratory testing will comprise moisture content determinations and particle -size analyses and may include other tests as needed based on conditions observed. A general discussion of site soil and groundwater conditions encountered will be provided based on our review, explorations, and testing. Recommendations for lateral bearing pressures for signal pole foundation design based on guidance in the June 2021 Washington State Department of Transportation Geotechnical Design Manual (WSDOT GDM) will be provided. Construction considerations regarding installation of the signal pole foundations will also be provided. GeoEngineers will prepare a written geotechnical design report summarizing geotechnical findings, conclusions, and recommendations. The report will include a site map of the project with boring locations, appropriate engineering figures and supporting information. A draft report will be provided for comment and review followed by a final report incorporating mutually agreed upon changes. PROFESSIONAL SERVICES AGREEMENT - I I - Rev. 7/2021 CITY OF 7 CITY HALL 33325 Fe d e ra I Way Feder 8m Avenue South f � Federal Way, WA 98003-6325 (253)835-7000 www cilyoffederalway com Ongoing Geotechnical Consultation GeoEngineers will provide geotechnical consultation during planning and design. This may include phone calls and discussions, responses to emails, and partial plan and specification review as they relate to geotechnical aspects of the project. Assumptions • GeoEngineers will be responsible for applying for a City Right -of -Way (ROW) Permit in order to be permitted to advance explorations within the City. • Subsurface exploration program will require traffic control and closure of one travel lane for each exploration. • A ROW work time restriction from 8:30am to 3:00pm will be in place. Due to the work time restriction and coordinating traffic control set up, we estimate that these explorations will take two days to complete. Deliverables • Draft and Final Geotechnical Report Plans, Specifications, & Estimate (PS&E) Package Fehr & Peers will develop Plans, Specifications, and Estimates (PS&E) to the proposed signal to meet City standards. The plans will be drafted in AutoCAD 2019 or newer and include title block provided by the City. The PS&E package will be developed through a three -submittal process: • 30% Signal & Fiber Design • 85% Signal & Fiber Design • 100% Signal & Fiber Design The plan set is anticipated to include: ■ Cover sheet (Fehr & Peers), 1 sheet ■ Survey Control & ROW Sheet (MacKay Sposito), 1 sheet • Site Prep (KPFF), 1 sheet • Demo & Removal Sheet (KPFF), 1 sheet • Erosion Control (KPFF), 1 sheet • Curb Ramp Plans & Details (KPFF) 3 sheets • Signal Plans, Wiring, Schedules, and Details (Fehr & Peers), 5 sheets • Signal Foundation Design (KPFF), 1 sheet • Channelization (Fehr & Peers), 4 sheets • Temporary Traffic Control (KPFF), 4 sheets • ITS/Fiber Optic Plan (Fehr & Peers), 3 sheets PROFESSIONAL SERVICES AGREEMENT - 12 - Rev. 7/2021 CITY or CITY HALL Fe d e ra I Wa Feder 8th Avenue South � Federal Way, WA 98003-6325 (253) 835-7000 www ciryoffederahvay com Civil Design Plan (KPFF) KPFF, as subconsultant to Fehr & Peers, will identify demolition activities, including items to be abandoned, salvaged, recycled, or removed, and facilities that need to be protected during construction. Demolition plans shall include surface feature items, such as pavements by type, sidewalk, curbs, and miscellaneous features. Demolition required for signalization and illumination shall not be included in these drawings and shall be shown on the relevant discipline drawings. Temporary erosion and sediment control plans shall be shown on the Site Preparation Plans or as a stand-alone set depending on the Consultant's opinion on plan clarity. KPFF will produce paving plans and details for the project. Paving plans will include ADA ramps, sidewalk, roadway paving, and curb and gutter. Plans will include references to the City's current development standards where applicable. Details will be included for ADA ramp grading, as well as for any other work that is not detailed within the City's development standards. KPFF shall design any new ADA ramps in such a way to match existing grades and to not require grading outside of the City owned Right -of -Way. If needed, KPFF shall prepare and submit Maximum Extent Feasible (MEF) documentation for any new ADA ramps which do not meet the current ADA requirements. KPFF shall evaluate the impacts of the design to the existing stormwater system, and will produce a stormwater plan and profile for any new stormwater structures and/or pipes. KPFF will develop Traffic Control Plans to meet the City's permitting needs. Approved traffic control plans shall be available for contractor use but shall require a resubmittal by the Contractor for implementation. Signal, Illumination, and ITS Design Plans (Fehr & Peers) Fehr & Peers will prepare a 30%, 85%, and 100% design submittals for the proposed signal revisions. The 30% submittal will include a signal plan sheet for study intersection showing existing & proposed junction boxes, pole locations, controller cabinets, electrical services, and signal hardware mounting on poles and mast arms. The 30% fiber optic design will consider where how the signal will tie into an existing Fiber Optic cable planned for the southside of S 320t' Street. The 85% submittal will include a signal plan sheet, wiring detail, signal terminal sheet, signal schedule sheet and up to one signal detail sheet (5 sheets total). The 85% fiber optic design will add splicing details and fiber optic specific detail sheets to the plan sheets and connections into adjacent signals if needed (up to 3 sheets). The 85% design will reflect comments received from the City review of the provided for the 30% design submittal. Comments received will be compiled into a comment response form to track responses and actions taken. Fehr & Peers will prepare a 100% design submittal for the proposed signal revisions. The 100% submittal will be substantially complete. The 100% design will reflect comments received from the Prime and City review of the provided for the 85% design submittal. Comments received will be compiled into a comment response form to track responses and actions taken. Illumination Design (Fehr & Peers) Fehr & Peers will provide illumination analysis and design for the proposed improvements. Illumination analysis will be completed in AGI. Additional analysis will include voltage drop for the proposed illumination system. 30% submittal will include pole location recommendations, as well as AGI results. 85% submittal will include wiring and electrical service details, as well as voltage drop calculations for review prior to final submittal. PROFESSIONAL SERVICES AGREEMENT - 13 - Rev. 7/2021 4S CITY OF AN Federal CITY HALL Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com Channelization Design (Fehr & Peers) Fehr & Peers will complete channelization design for the proposed improvements. Channelization will include location and type of pavement markings and proposed signs. Channelization will be shown schematically for the 30% submittal. Station, offset, and dimensions will be provided for the 85% and Final Submittal. Signal Pole Foundation Design (KPFF) A foundation detail drawing shall be submitted for City review and comment for the 30% and 85% submittals. A Final (100%) drawing, stamped by a professional engineer, shall be submitted. KPFF will advise on signal foundation cost estimates as needed. The detail shall include, but is not limited to, type of concrete, reinforcement details, conduit locations, depth, and width of foundation. Project Special Provisions Special provisions will be compiled using the latest WSDOT Standard Specification Manual and General Special Provisions. KPFF will lead special the special provision documentation, with support from Fehr & Peers as need for signal and ITS sections (Section 8-20 and 9-29). No special provision will be included in the 30% design submittal. The 85% design submittal will include special provision titles for review before submitting a final special provision document with the 100% submittal. Engineer's Estimate of Construction Cost Fehr & Peers and their subconsultant KPFF will prepare an Engineering Cost Estimate for the proposed improvements. The cost estimate will include a quantity calculation and back-up for the proposed improvements. Cost estimates will be submitted with each design submittal, considering a design contingency of 20% with the 30% submittal, 10% with the 85% submittal, and no contingency on the final submittal. The cost estimate will consider all materials and pay items needed for contractors to bid and complete the project. Assumptions • Plans will be per City standards. If no applicable standard is available, plans will then follow WSDOT standards. • Impervious areas will remain approximately equal to existing, and any modifications to the existing stormwater system will not change the amount of runoff entering the system. As such, no stormwater report will be required. • City will provide plans for the Sound Transit property on the Northeast corner of the intersection for coordination between the design. • City will provide design plans/as-builts for fiber optic installation along the southside of S 320th Street. • A minimum six -week period between receiving City comments and issuing the next submittal. • Signal pole foundation design is reliant on sufficient geotechnical information prior to the 30% submittal. • Signal pole foundation is reliant on signal pole information, including all weights and their locations; and anchor bolt pattern, to be provided at the time 30%. PROFESSIONAL SERVICES AGREEMENT - 14 - Rev. 7/2021 CITY OF CITY HALL Federal Vila Feder 8th Avenue South � Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalwey com • Submittal documents are pdfs, issued electronically. Final submittal documents will be electronically signed. • Signal pole anchor bolt diameters and bolt circle diameters will be for standard WSDOT signal poles. • City will lead electrical service application with local utility provider. Deliverables • 30% Design Submittal • 85% Design Submittal, with 30% design comment responses • 100% Design Submittal, with 85% design comment responses • Calculation package, to accompany the Final drawing submittal. Public Outreach (Fehr & Peers) Project Postcard Support Fehr & Peers will support the City to create postcards with design concepts to inform retail owners about the upcoming project. Fehr & Peers support on this task will be limited to providing design details of a graphical nature to include, and a brief narrative of the proposed project. Assumptions • City staff will lead all preparation and distribution of the post card. Deliverables • Design graphics and narratives as needed. Interagency Support (Fehr & Peers) Sound Transit Comment Review Coordination Sound Transit is currently constructing improvements on the property on the northeast corner of the intersection. Any improvements that will impact the property will need to be coordinated with the agency. Fehr & Peers and the design team shall meet with the Sound Transit project team up to 2 times (following the 30% and 85% design submittals), and respond to comments on the design submittals received from Sound Transit. Assumptions • The City shall be responsible for coordinating meetings, providing design submittals to the Sound Transit design team as needed for review. Deliverables • Meeting Notes • Design Submittal Comment Review Forms PROFESSIONAL SERVICES AGREEMENT - 15 - Rev. 7/2021 'S CITY OF AN Federal Way EXHIBIT B COMPENSATION CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com 1. Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to exceed Two Hundred Seventy -Three Thousand Five Hundred Eighty -Three and 00/100 Dollars ($273,583.00). 2. Method of Compensation: Hourly rate In consideration of the Contractor performing the Services, the City agrees to pay the Contractor an amount calculated on the basis of the hourly labor charge rate schedule for Contractor's personnel and the unit price rate schedule for equipment as shown below: Fehr dt Peees Enylneerinp g gRnJa /dsdpY Arodm Sr [nyirreer Iep1e T�& Twit AMWAWt 335v S•.'.+s S1 yS 1170 f110 $200 S15i $17r3 6!$aC I oum TOW Tadw gee S • Project MArlegernen! SII,955 12 Morthly Desgn Team Mev.*,Ms 121 24 51 41 37,670 L' Morthly PM Mee'mcs 12 12 2" $5,490 14 Prcject Schedule F. Scheciie Pdherance 6 13 1650 LS Progress Repo is & Imoices I 6 6 1 24 44,530 1 6 P To* a-Tre4Rc 34 2-1 Traffic safe Andlys,s 6 24 391 Win 2 TraHr_ DceraSons Analysis 41 1 20 4CI I I 72 $10,140 2 _ Traffc Sant•• & Qfw 4lrurs SuTT1T14rr- MkMQ 16 ?a 54,910 all[ 3 • aM Ik 8nmep M.6S0 3 1 T •raphic SuNvy & &3 wmap 21 1 Al 7 T 11,340 3.7 Right of VW & suncv Cortrol 21 1 4 1 f1.34C Task + - eeeh imlicd Irrresti Sd,p20 d.l Gecte_h Plannir •. Ccnrcinaoon and Exploraoor 21 1 4 i TI f1,340 4 2 Geotechrical Desiqr& Reporon 21 1 4 1 S1. 340 :3 11n Gan • Geotechnical Crxnuhalion 2 4 1 7 S1.340 5 • PS&E rodalo S13 M 1 Liml Cesrcn Plan 12 24 41 $7.870 !S 2 Signal & I'S Desior. Plans (8 sheeh) 61 24 41 96 41 252 S41,7W t 3 Ill.JmmaOon Desgn 2 6 12 24 12 1 63 $10,440 'S 4 Channehutx:rl Cesgn 21 5 12 24 12 53 S10,446 5 3 SiQ t l Pole Fpurdawn DesrOn 1 9 14 $2,605 4 Project Spe_ial Proouns 6 12 201a, ,S EnGrneer' rimate ct CorslruUior Cost 12 24 31 47 S7, Took S - Puk6lic outroom �► 151 Prole t I Jlc SJpperl 121241 1 11 61 52157,4 Tao 7 -1=� 1 Sound Coorciranc;r• ransd-omrnert e�ew r 171 1 Lommur - ----- -- FEW ■.. -----�-- Nobs: This fee f c;pos ! is .•ulid for o pwwd o(90 cloys from :he fycv csof subrnttof dote Actual bilking rare at the nrne or service rroy':ary depend cr on me Fnef s!o/frng p,'an at :he lime the proie_t starts, rre e,•erad' fee wilt net be erceeaed, Mifeoge a biled at the IRS rote p,'us TO% handling (ce A!' ath y dvecl and subciwisultoof expE i -� are biped mth J096 hardfing fee Other drrecr costs cnoude cmCmer, ccmmunrcatian, mad renroductiai charges are Giledas apercentao° ortobcv .Rates and staff are suhlect to chw ge at any:.n?e, wrfhuu: rwtice, mHl wlihur the toful badger. sh:wr. PROFESSIONAL SERVICES AGREEMENT - 16 - Rev. 7/2021 9/28/21, 10:04 AM Corporations and Charities System ii ;r ssC�r�� and Charities Filing System BUSINESS INFORMATION Business Name: FEHR & PEERS, INC. UBI Number: 602 671 978 Business Type: FOREIGN PROFIT CORPORATION Business Status: ACTIVE Principal Office Street Address: 1001 4TH AVE STE 4120, SEATTLE, WA, 98154-1155, UNITED STATES Principal Office Mailing Address: 100 PRINGLE AVE, SUITE 600, WALNUT CREEK, CA, 94596-358Z UNITED STATES Expiration Date: 05/31/2022 Jurisdiction: UNITED STATES, CALIFORNIA Formation/ Registration Date: 05/27/2008 Period of Duration: PERPETUAL Inactive Date: Nature of Business: PROFESSIONAL, SCIENTIFIC &TECHNICAL SERVICES REGISTERED AGENT INFORMATION Registered Agent Name: CHRIS BREILAND Street Address: 1001 4TH AVE, SUITE 4120, SEATTLE, WA, 98154-1155, UNITED STATES Mailing Address: GOVERNORS Title Governors Type Entity Name First Name Last Name GOVERNOR INDIVIDUAL STEVEN BROWN hftps:Hccfs.sos.wa.gov/#/BusinessSearch/Businessinformation irg 9/28/21, 10:04 AM Corporations and Charities System Title Governors Type Entity Name First Name Last Name GOVERNOR INDIVIDUAL MARION DONNELLY GOVERNOR INDIVIDUAL SARAH BRANDENBERG GOVERNOR INDIVIDUAL RON MILAM GOVERNOR INDIVIDUAL MATTHEW RIDGWAY Back Filing History Name History Print Return to Business Search https://ccfs.sos.wa.gov/#/BusinessSearch/Businessinformation 2/2 9/28/21, 10:05 AM Washington State Department of Revenue Washington State Department of Revenue < Business Lookup License Information: Entity name: FEHR & PEERS, INC. Business name: FEHR & PEERS Entity type: Profit Corporation UBI #: 602-671-978 Business ID: 001 Location ID: 0002 Location: Active Location address: 1001 4TH AVE STE 4120 SEATTLE WA 98154-1155 Mailing address: 100 PRINGLE AVE STE 600 WALNUT CREEK CA 94596-3582 Excise tax and reseller permit status: Click here Secretary of State status: Click here Endorsements Endorsements held at this loci License # Bellingham General 040411 Business Burien General Business - 11751 Non -Resident Ellensburg General Business - Non -Resident Federal Way General Business - Non -Resident Issaquah General Business - Non -Resident Leavenworth General Business - Non -Resident Count Details New search Back to results Filter Status Expiration dat First issuance i Active Mar-12-2012 Active Sep-30-2022 Sep-07-2021 Active May-31-2022 Apr-18-2019 Active May-31-2022 Aug-18-2020 Active May-31-2022 Mar-07-2017 Active May-31-2022 Jun-26-2020 hftps:Hsecure.dor.wa.gov/gteunauth/_/#4 1/2 9/28/21, 10:05 AM Endorsements held at this loc. License # Mercer Island General 210585 Business - Non -Resident Olympia General Business - 18728 Non -Resident Redmond General Business RED08-00010i - Non -Resident SeaTac General Business - Non -Resident Vancouver General Business - Non -Resident Washington State Department of Revenue Count Details Status Expiration dat First issuance i Active May-31-2022 May-25-2021 Active May-31-2022 Jun-01-2008 Active Dec-31-2021 Jun-17-2008 Active May-31-2022 Nov-03-2020 Active Jul-31-2022 Jul-26-2021 Governing People May include governing people not registered with SecreraryofState Governing people Title BRANDENBERG, SARAH BROWN, STEVEN DONNELLY, MARION MILAM, RON RIDGWAY, MATTHEW View Additional Locations The Business Lookup information is updated nightly. Search date and time: 9/28/2021 10:05:34 AM 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/_/#4 2/2 FEHRt PEERS October 20, 2021 To Whom it May Concern, This letter confirms that Dan Grayuski, a Principal with Fehr & Peers, has the authority to sign contracts and proposals for Fehr & Peers up to a maximum of $400,000. If you have any questions or require any further authorization, please do not hesitate to contact me. Sincerely, Fehr & Peers Lys Wollard Chief Financial Officer L.Wol lard @fehrandpeers.com Authorized Signers for Fehr & Peers Signer--T Contract & Proposal Limit Aaron Gooze $100k Alex Rixey $150k Amanda Chapman $50k Andy Kosinski $150k Anjuli Tapia $150k Anjum Bawa $150k Ann Bowers $250k Ariel Davis $150k Ashley Weiss $150k Bill Burton $50k Bob Grandy $250k Brandy Foust $150k Charlie Alexander $150k Chris Breiland $250k Chris Grgich $75k Chris Mitchell Unlimited for Officer, CEO Chris Wahl $50k Claude Strayer $50k Dan Grayuski $400k Dana Weissman $150k Dave Robinson $250k Delia Votsch $50k Don Samdahl $250k Emily Alice Gerhart $50k Emily Finkel $50k Eric Womeldorff $150k Franziska Church $150k Fred Choa $400k Geoff Rubendall $50k Ian Barnes $50k Jason Pack $250k Jeremy Klop $250k Jerry Walters $250k John Gard $250k John Muggridge $250k Jon Nepstad $400k Josh Peterman $150k Julie Morgan $400k Kara Hall $50k Kathrin Tellez $400k Katy Cole $150k Kendra Breiland $150k Kristin Calia $100k Kwasi Donkor $150k Lysa Wollard Unlimited for Officer, CFO Maria Vyas $100k Marion Donnelly Unlimited as Secretary / Treasurer Matt Benjamin $250k Matt Goyne $150k Matt Haynes $250k Matthew Ridgway Unlimited for Officer Meghan Mitman $400k Michael Kennedy $250k Miguel Nunez $50k Mike Wallace $150k Nate Conable $150k Preston Stinger $100k Rob Rees $250k Robert Eckols $150k Ron Milam Unlimited for Officer Ryan McClain $150k Sam Tabibnia $100k Sarah Brandenberg Unlimited for Officer Sarah Chan $150k Sohrab Rashid $250k Spencer Reed $150k Steve Brown Unlimited for Officer Steve Davis $150k Tom Gaul $250k FEHR&PE-01 KOTHALEV CERTIFICATE OF LIABILITY INSURANCE DATE 0/201202YY) 10/2012021 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(*es) 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 endorsernent(s). PRODUCER License#OE67768 CONTACT Gig* Yuen ICE IOA Insurance Services PHONE Fax 3875 Hopyard Road (aic: N Ext : (925) 660-3514 50008 1 ; c,Nn);(925) 416-7869 Suite 200 E-MAIL , GIgI.YuenQ1oausa.COrn Pleasanton, CA 94588 INSURERS AFFORDING [7DVERAGE NRI1C q INSURERA:RLIInsurance Company 13.056 INSURED INSURER B: Hartford CasualtyInsurance Company 29424 Fehr & Peers INSURER C: Liberty Insurance Underwriters Inc 19917 1001 4th Avenue Suite 4120 INSURER D Seattle, WA 98154 INSURER E: INSURER F : CnVF-RAAFR CERTIFICAT7=NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL ISUBR WVD/DD POLICY NUMBER POLICY EFF,LTR POLICY EXP MMIDD LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR X �( PSB0006683 12/6/2020 12/6/2021 OCCURRENCE S 2,01)I),0I)0 __EACH PDRRMAGE TO R_SEaENTEp . 6 1,00<1.000 MEDEXP [Any one arson S 10,000 PERSONAL & ADV INJURY S 2,000,600 GEhrLAGGREGATE LIMIT APPLIES PER: POLICY I "1 jE87 7 LOC GENERALAGGREGATE S 4,000,000 PRODUCTS - COMP/OP AGG S 4,000,000 S DTHER: A AUTOMOBILE LIABILITY _ COMBIN SINGLEUMIT s 1,000,000 BO➢uY INJURY J Per son $ ANY AUTO X X IPSA0002276 12/6/2020 12/6/2021 BOpDILY Perac6den 5 OWNED SCHEDULED AUTOS ONLY A.�pUUTTNO�7S �INJURY Ppe�aExldenf AMAGE ❑❑ X AUTOS ONLY X A13TOMN A UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAB ICLAIMS-MADE I PSE0002889 12/6/2020 12/6/2021 X AGGREGATE $ 5,000,000 DED I I RETENTIONS ` I B WORKERS COMPENSATION ANDEMPLOYERS'LIABILITY YITJ ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICERI�En NH) EXCLUDED? l arI ato i NIA X I,57WEGZJ1989 5/1/2021 5/1/2022 X PTRTUT ORTH- EL F�4GH ACCIDENT 1,000,000 $ E-L DISEASE -EA EMPLOYEE S 1,000 oo I I E.L. DISEASE -POLICY LIMIT S 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below C Professional Liab. AEXNYABEFJ2005 12/612020 12/6/2021 Per Claim 5,000,000 C Professional Liab. IAEXNYABEFJ2005 12/6/2020 12/6/2021 Aggregate I 5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached it more space is ruq�ired) IRe : City of Federal Way 21st Ave S & S 320th Signalixation and Pedestrian Improvements. Fehr & Peers #SE2g-0812.00 General Liability: Please see blanket Additional Insured endorsement attached; such coverage is Primary and Non -Contributory with Waiver of Subrogation included, as required per written contract. .Auto Liability: No company owned vehicles. Please see blanket Additional Insured endorsement with Waiver of Subrogation included, as required per written contract. 'Workers' Compensation: Waiver of Subrogation is included as per attached blanket Waiver of Subrogation endorsement, as required per written contract. GENERAL LIABILITY & AUTO LIABILITY INCLUDE THE City of Federal Way, as required per written contract CERTIFICATE HOLDER City of Federal Way Attn: Christine Tollefson and Kent Smith Public Works Department 33325 8th Avenue S 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 ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: PSB0006683 RLI Insurance Company Named Insured:Fehr & Peers THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack° FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM - SECTION II — LIABILITY 1. C. WHO IS AN INSURED is amended to include as an additional insured any person or organization that you agree in a contract or agreement requiring insurance to include as an additional insured on this policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by you or those acting on your behalf: a. In the performance of your ongoing operations; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "product -completed operations hazard". 2. The insurance provided to the additional insured by this endorsement is limited as follows: a. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this policy. b. This insurance does not apply to the rendering of or failure to render any "professional services". c. This endorsement does not increase any of the limits of insurance stated in D. Liability And Medical Expenses Limits of Insurance. 3. The following is added to SECTION III H.2. Other Insurance — COMMON POLICY CONDITIONS (BUT APPLICABLE ONLY TO SECTION II — LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an additional insured under this policy must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs after you have entered into that contract or agreement; or b. The "personal and advertising injury" for which coverage is sought arises out of an offense committed after you have entered into that contract or agreement. 4. The following is added to SECTION III K. 2. Transfer of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS (BUT APPLICABLE TO ONLY TO SECTION II — LIABILITY) We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" arising out of "your work" performed by you, or on your behalf, under a contract or agreement with that person or organization. We waive these rights only where you have agreed to do so as part of a contract or agreement with such person or organization entered into by you before the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" offense is committed. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 304 02 12 Page 1 of 1 Policy Number: PSA0002276 Named Insured: Fehr & Peers RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack° BUSINESS AUTO ENHANCEMENT SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT A. Broad Form Named Insured B. Employees As Insureds C. Blanket Additional Insured D. Blanket Waiver Of Subrogation E. Employee Hired Autos F. Fellow Employee Coverage G. Auto Loan Lease Gap Coverage H. Glass Repair —Waiver Of Deductible I. Personal Effects Coverage J. Hired Auto Physical Damage Coverage K. Hired Auto Physical Damage — Loss Of Use L. Hired Car — Worldwide Coverage M. Temporary Transportation Expenses N. Amended Bodily Injury Definition — Mental Anguish O. Airbag Coverage P. Amended Insured Contract Definition — Railroad Easement Q. Coverage Extensions — Audio, Visual And Data Electronic Equipment Not Designed Solely For The Production Of Sound R. Notice Of And Knowledge Of Occurrence S. Unintentional Errors Or Omissions T. Towing Coverage PPA 300 03 13 This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. Broad Form Named Insured The following is added to the SECTION II — COVERED AUTOS LIABILITY COVERAGE, Para- graph A.1. Who Is An Insured Provision: Any business entity newly acquired or formed by you during the policy period, provided you own fifty percent (50%) or more of the business entity and the business entity is not separately insured for Bus- iness Auto Coverage. Coverage is extended up to a maximum of one hundred eighty (180) days following the acquisition or formation of the business entity. This provision does not apply to any person or organization for which coverage is excluded by endorsement. B. Employees As Insureds The following is added to the SECTION II — COVERED AUTOS LIABILITY COVERAGE, Para- graph A.1. Who Is An Insured Provision: Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. C. Blanket Additional Insured The following is added to the SECTION II — COVERED AUTOS LIABILITY COVERAGE, Para- graph A.1. Who Is An Insured Provision: Any person or organization that you are required to include as an additional insured on this coverage form in a contract or agreement that is executed by you before the "bodily injury" or "property damage" occurs is an "insured" for liability coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in SECTION II — COVERED AUTOS LIABILITY COVERAGE. The insurance provided to the additional insured will be on a primary and non-contributory basis to the additional insured's own business auto coverage if you are required to do so in a contract or agreement that is executed by you before the "bodily injury" or "property damage" occurs. D. Blanket Waiver Of Subrogation The following is added to the SECTION IV — BUSI- NESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against any person or organization to the extent required of you by a contract executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. E. Employee Hired Autos 1. The following is added to the SECTION II — COVERED AUTOS LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured Provision: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. 2. Changes In General Conditions: Paragraph 5.b. of the Other Insurance Con- dition in the BUSINESS AUTO CONDITIONS is deleted and replaced with the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". F. Fellow Employee Coverage SECTION II — COVERED AUTOS LIABILITY COVERAGE, Exclusion B.5. does not apply if you have workers compensation insurance in -force covering all of your employees. G. Auto Loan Lease Gap Coverage SECTION III — PHYSICAL DAMAGE COVERAGE, C. Limit Of Insurance, is amended by the addition of the following: In the event of a total "loss" to a covered "auto" shown in the Schedule of Declarations, we will pay any unpaid amount due on the lease or loan for a covered "auto", less: The amount paid under the PHYSICAL DAMAGE COVERAGE section of the policy; and 2. Any: a. Overdue lease/loan payments at the time of the "loss"; PPA 300 03 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number: 57 WEG ZJ1989 Named Insured and Address: FEHR & PEERS 100 PRINGLE AVE STE 600 WALNUT CREEK CA 94596 Endorsement Number: We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A.