Loading...
AG 21-173 - KPFF, INC.RETURN TO: PW ADMIN EXT: 2700 ID #: 3989 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/Div: PUBLIC WORKS / Ca tial Engineering 2. ORIGINATING STAFF PERSON: Sarah Hamel EXT: 2720 3. DATE REQ. BY: 10/19/2021 3. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL 0 OTHER Wes. DQT A&E contract a. PROJECT NAME: 27th Ave SW at SW 344th St Compact Roundabout 5. NAME OF CONTRACTOR: KPFF, Inc. ADDRESS: 1601 5th Avenue, Suite 1600, Seattle, WA 98101 _ TELEPHow-: 206-622-5822 E-MAIL: John.McMillan(d_)knff.com FAx: 206-622-8130 SIGNATURE NAME: JohnMCMlllan TITLE: Associate 6. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # BL, EXP. 12/31/ UBI # EXP. / / 7. TERM: COMMENCEMENT DATE: upon execution it 71 COMPLETION DATE: 8. TOTAL COMPENSATION: $ 144 998.41 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: 0 YES O NO IF YES, MAXIMUM DOLLAR AMOUNT:.$ IS SALES TAX OWED: 13 YES 0 NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE To: d36232-25060 9. DOCUMENT / CONTRACT REVIEW ❑ PROJECT MANAGER 11 DIVISION MANAGER ❑ DEPUTY DIRECTOR ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) 8 LAW DEPT 10. COUNCIL APPROVAL (IF APPLICABLE) 11. CONTRACT SIGNATURE ROUTING INITIAL / DATE REVIEWED INITIAL / DATE APPROVED SLH 10/12/2021 DSW 10/12/21 KVA 10/22 SCHEDULED COMMITTEE DATE: SCHEDULED COUNCIL DATE: COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: 10/25/21 DATE REC' D: 11/16/21 ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (INCLUDE DEPT. SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.) INITIAL / DATE SIGNED ❑ FINANCE DEPARTMENT ❑ LAW DEPT 11 SIGNATORY (MAYOR OR DIRECTOR) Cl CITY CLERK ❑ ASSIGNED AG # ❑ SIGNED COPY RETURNED COMMENTS: VVVf'i T=11 a /ln rn_rwrAr o WSDOT standard form 1 /2020 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Agreement Number: Firm/Organization Legal Name (do not use dba's): KPFF, Inc. Address Federal Aid Number 1601 5th Avenue, Suite 1600, Seattle, WA 98101 ER-1701(008) UBI Number Federal TIN or SSN Number 578063612 91-0755897 Execution Date Completion Date 12/31 /2023 1099 Form Required Federal Participation ❑ Yes No Yes ❑ No Project Title 27th Ave SW at SW 344th St Compact Roundabout Description of Work Construct a compact roundabout at the intersection of 27th Ave SW and SW 344th Street. Project also includes associated ADA and utility work, pavement marking removal and sign/post removal, relocation or replacement as needed ❑ Yes 0 No DBE Participation Total Amount Authorized: $144,998.41 ❑ Yes ❑i No MBE Participation Management Reserve Fund: 10,000.00 ❑ Yes ❑i No WBE Participation ❑ Yes ❑i No SBE Participation Maximum Amount Payable: $144,998.41 Index of Exhibits Exhibit A Scope of Work Exhibit C Preparation and Delivery of Electronic Engineering and Other Data Exhibit D Prime Consultant Cost Computations Exhibit E Sub -consultant Cost Computations Exhibit F Title VI Assurances Exhibit G Certification Documents Exhibit H Liability Insurance Increase Exhibit I Alleged Consultant Design Error Procedures Exhibit J Consultant Claim Procedures Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 1 of 14 Rovicprl n21n112n21 THIS AGREEMENT, made and entered into as shown in the "Execution Date" box on page one (1) of this AGREEMENT, between the City of Federal Way hereinafter called the "AGENCY," and the "Firm / Organization Name" referenced on page one (1) of this AGREEMENT, hereinafter called the "CONSULTANT." WHEREAS, the AGENCY desires to accomplish the work referenced in "Description of Work" on page one (1) of this AGREEMENT and hereafter called the "SERVICES;" and does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary SERVICES; and WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish consulting services to the AGENCY. NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I. General Description of Work The work under this AGREEMENT shall consist of the above -described SERVICES as herein defined, and necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor, and related equipment and, if applicable, sub -consultants and subcontractors necessary to conduct and complete the SERVICES as designated elsewhere in this AGREEMENT. II. General Scope of Work The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit "A" attached hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed utilizing performance based contracting methodologies. General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress, and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days' notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the SERVICES in sufficient detail so that the progress of the SERVICES can easily be evaluated. The CONSULTANT, any sub -consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 2 of 14 n21n112m1 Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required, per 49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will be shown on Exhibit "B" attached hereto and by this reference made part of this AGREEMENT. If the Prime CONSULTANT is a DBE certified firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY's "DBE Program Participation Plan" and perform a minimum of 30% of the total amount of this AGREEMENT. It is recommended, but not required, that non -DBE Prime CONSULTANTS perform a minimum of 30% of the total amount of this AGREEMENT. In the absents of a mandatory DBE goal, a voluntary SBE goal amount of ten percent of the Consultant Agreement is established. The Consultant shall develop a SBE Participation Plan prior to commencing work. Although the goal is voluntary, the outreach efforts to provide SBE maximum practicable opportunities are not. The CONSULTANT, on a monthly basis, shall enter the amounts paid to all firms (including Prime) involved with this AGREEMENT into the wsdot.diversitycompliance.com program. Payment information shall identify any DBE Participation. All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C — Preparation and Delivery of Electronic Engineering and other Data." All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this SERVICE, shall be without liability or legal exposure to the CONSULTANT. Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other party by (i) certified mail, return receipt requested, or (ii) by email or facsimile, to the address set forth below: If to AGENCY. Name: Sarah Hamel, P.E. Agency: City of Federal Way Address: 33325 8th Avenue S City: Federal Way State: WA Zip: 98003 Email: sarah.hamel@cityoffederalway.com Phone: 253-835-2720 Facsimile: 253-835-2709 IV. Time for Beginning and Completion If to CONSULTANT: Name: John McMillan, P.E. Agency: KPFF Consulting Engineers Address: 1601 Fifth Avenue, Suite 1600 City: Seattle State: WA Zip: 98101 Email: John.McMillan@kpff.com Phone: 206-622-5822 Facsimile: 206-622-8130 The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT titled "Completion Date." The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the established completion time. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant dnraamanf Ravicad n21n1/9n91 Page 3 of 14 V. Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES, specified in Section II, "Scope of Work". The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov). The estimate in support of the Cost Plus Fixed Fee amount is attached hereto as Exhibits "D" and "E" and by this reference made part of this AGREEMENT. A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost, indirect cost rate, and direct non -salary costs. 1. Direct (RAW) Labor Costs: The Direct (RAW) Labor Cost is the direct salary paid to principals, professional, technical, and clerical personnel for the time they are productively engaged in work necessary to fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the direct salary costs billed to the AGENCY. 2. Indirect Cost Rate (ICR) Costs: ICR Costs are those costs, other than direct costs, which are included as such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall be made at the ICR rates shown in attached Exhibits "D" and "E" of this AGREEMENT. Total ICR payment shall be based on Actual Costs. The AGENCY agrees to reimburse the CONSULTANT the actual ICR costs verified by audit, up to the Maximum Total Amount Payable, authorized under this AGREEMENT, when accumulated with all other Actual Costs. A summary of the CONSULTANT'S cost estimate and the ICR percentage is shown in Exhibits "D" and "E", attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT (prime and all A&E sub -consultants) will submit to the AGENCY within six (6) months after the end of each firm's I fiscal year, an ICR schedule in the format required by the AGENCY (cost category, dollar expenditures, etc.) for the purpose of adjusting the ICR rate for billings received and paid during the fiscal year represented by the ICR schedule. It shall also be used for the computation of progress payments during the following year and for retroactively adjusting the previous year's ICR cost to reflect the actual rate. The ICR schedule will be sent to Email: ConsultantRates@wsdot.wa.gov. Failure to supply this information by either the prune CONSULTANT or any of their A&E sub -consultants I shall cause the AGENCY to withhold payment of the billed ICR costs until such time as the required information is received and an overhead rate for billing purposes is approved. The AGENCY's Project Manager and/or the Federal Government may perform an audit of the CONSULTANT'S books and records at any time during regular business hours to determine the actual ICR rate, if they so desire. 3. Direct Non -Salary Costs: Direct Non -Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT. (excluding Meals, which are reimbursed at the per diem rates identified in this section) These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges and fees of sub -consultants. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with WSDOT's Accounting Manual M 13-82, Chapter 10 — Travel Rules and Procedures, and revisions thereto. Air, train, and rental car costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205-46 "Travel Costs." The billing for Direct Non -Salary Costs shall include an itemized listing of the charges directly identifiable with the PROJECT. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. All above charges must be necessary for the services provided under this AGREEMENT. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 4 of 14 QAvicad f)91M 21 4. Fixed Fee: The Fixed Fee, which represents the CONSULTANT'S profit, is shown in attached Exhibits "D" and "E" of this AGREEMENT. This fee is based on the Scope of Work defined in this AGREEMENT and the estimated person -hours required to perform the stated Scope of Work. In the event the CONSULTANT enters into a supplemental AGREEMENT for additional work, the supplemental AGREEMENT may include provisions for the added costs and an appropriate additional fee. The Fixed Fee will be prorated and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not previously paid in the progress payments will be covered in the final payment, subject to the provisions of Section IX entitled "Termination of Agreement." 5. Management Reserve Fund (MRF): The AGENCY may desire to establish MRF to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $100,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the MRF is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the MRF shall be made in accordance with Section XIII, "Extra Work." 6. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the MRF. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIII, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT. B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of Actual Costs plus the ICR and calculated fee on a monthly basis during the progress of the work. Such billings shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under Section III, "General Requirements" of this AGREEMENT. The billings will be supported by an itemized listing for each item including Direct (RAW) Labor, Direct Non -Salary, and allowable ICR Costs to which will be added the prorated Fixed Fee. To provide a means of verifying the billed Direct (RAW) Labor costs for CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, Direct (RAW) Labor rates, and present duties of those employees performing work on the PROJECT at the time of the interview. C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent, if applicable, upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit; all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT has twenty (20) working days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 5 of 14 Qallica.l n21rn12m1 D. Inspection of Cost Records: The CONSULTANT and their sub -consultants shall keep available for inspection by representatives of the AGENCY and the United States, for a period of six (6) years after receipt of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this AGREEMENT is initiated before the expiration of the six (6) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be performed by the State Auditor, WSDOT's Internal Audit Office and/or at the request of the AGENCY's Project Manager. VI. Sub -Contracting The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit "A" attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY and sub -consultant, any contract or any other relationship. Compensation for this sub -consultant SERVICES shall be based on the cost factors shown on Exhibit "E" attached hereto and by this reference made part of this AGREEMENT. The SERVICES of the sub -consultant shall not exceed its maximum amount payable identified in each sub - consultant cost estimate unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, indirect cost rate, direct non -salary costs and fixed fee costs for the sub -consultant shall be negotiated and substantiated in accordance with section V "Payment Provisions" herein and shall be memorialized in a final written acknowledgement between the parties. All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require each sub -consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With respect to sub -consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE's Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT, sub -recipient, or sub -consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the recipient deems appropriate. VII. Employment and Organizational Conflict of Interest The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 6 of 14 n21nai,2n91 Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly retired employees, without written consent of the public employer of such person if he/she will be working on this AGREEMENT for the CONSULTANT. VIII. Nondiscrimination During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub -consultants, subcontractors and successors in interest, agrees to comply with the following laws and regulations: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. Chapter 21 Subchapter V § 2000d through 2000d4a) • Federal -aid Highway Act of 1973 (23 U.S.C. Chapter 3 § 324) • Rehabilitation Act of 1973 (29 U.S.C. Chapter 16 Subchapter V § 794) • Age Discrimination Act of 1975 (42 U.S.C. Chapter 76 § 6101 et. seq.) • Civil Rights Restoration Act of 1987 (Public Law 100-259) • American with Disabilities Act of 1990 (42 U.S.C. Chapter 126 § 12101 et. seq.) • 23 CFR Part 200 • 49 CFR Part 21 • 49 CFR Part 26 • RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "F" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "F" in every sub -contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX. Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged and any appropriate fixed fee percentage at the time of termination of this AGREEMENT, plus any direct non -salary costs incurred up to the time of termination of this AGREEMENT. No payment shall be made for any SERVICES completed after ten (10) days following receipt by the CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 7 of 14 date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the SERVICES required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth in paragraph two (2) of this section. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT's failure to perform is without the CONSULTANT's or its employee's fault or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs and appropriate fixed fee percentage in accordance with the termination for other than default clauses listed previously. The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any member, partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT's supervisory and/or other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee. The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s) of this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT as set forth in the second and third paragraphs of this section. Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X. Changes of Work The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under section XIII "Extra Work." XI. Disputes Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within 10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit "J". In the event that either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 8 of 14 Povicari n2lnil2n2i XII. Legal Relations The CONSULTANT, any sub -consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall defend, indemnify, and hold The State of Washington (STATE) and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the negligence of, or the breach of any obligation under this AGREEMENT by, the CONSULTANT or the CONSULTANT's agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY, their agents, officers, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the STATE and/or the AGENCY may be legally liable; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT or the CONSULTANT's agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally liable, and (b) the STATE and/or AGENCY, their agents, officers, employees, sub -consultants, subcontractors and or vendors, of any tier, or any other persons for whom the STATE and or AGENCY may be legally liable, the defense and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT's negligence or the negligence of the CONSULTANT's agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any AGREEMENT between CONSULTANT and any sub -consultant, subcontractor and vendor, of any tier. The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT's agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any use in connection with the AGREEMENT of methods, processes, designs, information or other items furnished or communicated to STATE and/or the AGENCY, their agents, officers and employees pursuant to the AGREEMENT; provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions resulting from STATE and/or AGENCY's, their agents', officers' and employees' failure to comply with specific written instructions regarding use provided to STATE and/or AGENCY, their agents, officers and employees by the CONSULTANT, its agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. The CONSULTANT's relation to the AGENCY shall be at all times as an independent contractor. Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the CONSULTANT in the procurement of, or performance under, this AGREEMENT. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT's own employees or its agents against the STATE and /or the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. This waiver has been mutually negotiated between the Parties. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 9 of 14 Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable supplemental AGREEMENT, the CONSULTANT shall provide On -Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with minimum limits of one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) in the aggregate for each policy period. C. Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage for any "Auto" (Symbol 1) used in an amount not less than a one million dollar ($1,000,000.00) combined single limit for each occurrence. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance, the STATE and AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub - consultant and/or subcontractor as an additional insured (the "AIs"), with no restrictions or limitations concerning products and completed operations coverage. This coverage shall be primary coverage and non-contributory and any coverage maintained by the AIs shall be excess over, and shall not contribute with, the additional insured coverage required hereunder. The CONSULTANT's and the sub -consultant's and/or subcontractor's insurer shall waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to: Name: Sarah Hamel, Capital Engineering Manager Agency: City of Federal Way, Public Works Dept. Address: 33325 8th Ave S City: Federal Way State: WA Zip: 98003 Email: sarah.hamel@cityoffederalway.com Phone: 253-835-2720 Facsimile: 253-835-2709 No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT's professional liability to the AGENCY, including that which may arise in reference to section IX "Termination of Agreement" of this AGREEMENT, shall be limited to the accumulative amount of the authorized AGREEMENT amount or one million dollars ($1,000,000.00), whichever is greater, unless the limit of liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT's professional liability to third parties be limited in any way. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 10 of 14 Ravi¢ari n2mil2n2i The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third party, and no third party beneficiary is intended or created by the execution of this AGREEMENT. The AGENCY will pay no progress payments under section V "Payment Provisions" until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. XIII. Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT in the SERVICES to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the SERVICES under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an equitable adjustment in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify this AGREEMENT accordingly. C. The CONSULTANT must submit any "request for equitable adjustment," hereafter referred to as "CLAIM," under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of this AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the section XI "Disputes" clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XIV. Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XV. Federal Review The Federal Highway Administration shall have the right to participate in the review or examination of the SERVICES in progress. XVI. Certification of the Consultant and the Agency Attached hereto as Exhibit "G-1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "G-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit "G-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "G-4" Certificate of Current Cost or Pricing Data. Exhibit "G-3" is required only in AGREEMENT's over one hundred thousand dollars ($100,000.00) and Exhibit "G-4" is required only in AGREEMENT's over five hundred thousand dollars ($500,000.00.) These Exhibits must be executed by the CONSULTANT, and submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III "General Requirements" prior to its performance of any SERVICES under this AGREEMENT. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 11 of 14 RAtf;ca,4 nwnil2n2i XVII. Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement to this AGREEMENT. XVIII. Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and AGREEMENT's contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and conditions thereof. XIX. Protection of Confidential Information The CONSULTANT acknowledges that some of the material and information that may come into its possession or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state or federal statutes ("State's Confidential Information"). The "State's Confidential Information" includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles, credit card information, driver's license numbers, medical data, law enforcement records (or any other information identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security data, non-public Specifications, STATE and AGENCY non -publicly available data, proprietary software, State security data, or information which may jeopardize any part of the project that relates to any of these types of information. The CONSULTANT agrees to hold the State's Confidential Information in strictest confidence and not to make use of the State's Confidential Information for any purpose other than the performance of this AGREEMENT, to release it only to authorized employees, sub -consultants or subcontractors requiring such information for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish, transfer, sell, disclose, or otherwise make it known to any other party without the AGENCY's express written consent or as provided by law. The CONSULTANT agrees to release such information or material only to employees, sub -consultants or subcontractors who have signed a nondisclosure AGREEMENT, the terms of which have been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to the State's Confidential Information. Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the AGENCY's option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State's Confidential Information; or (ii) returned all of the State's Confidential Information to the AGENCY; or (iii) take whatever other steps the AGENCY requires of the CONSULTANT to protect the State's Confidential Information. As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following: the State's Confidential Information received in the performance of this AGREEMENT; the purpose(s) for which the State's Confidential Information was received; who received, maintained and used the State's Confidential Information; and the final disposition of the State's Confidential Information. The CONSULTANT's records shall be subject to inspection, review, or audit upon reasonable notice from the AGENCY. The AGENCY reserves the right to monitor, audit, or investigate the use of the State's Confidential Information collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or investigating may include, but is not limited to, salting databases. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 12 of 14 QPvicaff Violation of this section by the CONSULTANT or its sub -consultants or subcontractors may result in termination of this AGREEMENT and demand for return of all State's Confidential Information, monetary damages, or penalties. It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing such proprietary and/or confidential information shall be clearly identified and marked as "Confidential" and shall be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT. The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT; or (b) as soon as such confidential or proprietary material is developed. "Proprietary and/or confidential information" is not meant to include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party; (iii) is independently developed by or for the other party; (iv) is publicly known; or (v) is generally utilized by unaffiliated third parties engaged in the same business or businesses as the CONSULTANT. The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and/ or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a public disclosure request is made to view materials identified as "Proprietary and/or confidential information" or otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that such records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure, the AGENCY will release the requested information on the date specified. The CONSULTANT agrees to notify the sub -consultant of any AGENCY communication regarding disclosure that may include a sub -consultant's proprietary and/or confidential information. The CONSULTANT notification to the sub -consultant will include the date that such records will be released by the AGENCY to the requester and state that unless the sub -consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure the AGENCY will release the requested information. If the CONSULTANT and/or sub -consultant fail to obtain a court order or other judicial relief enjoining the AGENCY by the release date, the CONSULTANT shall waive and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages, liabilities, or costs associated with the AGENCY's said disclosure of sub -consultants' information. XX. Records Maintenance During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6) years from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain and maintain all "documents" pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all "documents" pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT's place of business during normal working hours. If any litigation, claim or audit is commenced, the CONSULTANT shall cooperate with AGENCY and assist in the production of all such documents. "Documents" shall be retained until all litigation, claims or audit findings have been resolved even though such litigation, claim or audit continues past the six (6) year retention period. For purposes of this AGREEMENT, "documents" means every writing or record of every type and description, including electronically stored information ("ESI"), that is in the possession, control, or custody of the CONSULTANT, including, without limitation, any and all correspondences, contracts, AGREEMENT `s, appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten notes, reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records, work sheets, charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings, Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 13 of 14 Qavicafr n21n112n91 tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or telephone conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original, or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original. For purposes of this AGREEMENT, "ESP' means any and all computer data or electronic recorded media of any kind, including "Native Files", that are stored in any medium from which it can be retrieved and examined, either directly or after translation into a reasonably useable form. ESI may include information and/or documentation stored in various software programs such as: Email, Outlook, Word, Excel, Access, Publisher, PowerPoint, Adobe Acrobat, SQL databases, or any other software or electronic communication programs or databases that the CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones, laptops or any other electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any personal devices used by the CONSULTANT or any sub -consultant at home. "Native files" are a subset of ESI and refer to the electronic format of the application in which such ESI is normally created, viewed, and /or modified. The CONSULTANT shall include this section XX "Records Maintenance" in every subcontract it enters into in relation to this AGREEMENT and bind the sub -consultant to its terms, unless expressly agreed to otherwise in writing by the AGENCY prior to the execution of such subcontract. In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date" box on page one (1) of this AGREEMENT. r- Signatur li- 11- Q1 Date Date Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office of the Attorney General. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 14 of 14 Ravicad n2IM12ml Exhibit A See attached, Exhibit A Scope of Work Project No. Agreement Number: Exhibit A - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02101/2021 Page 1 of 1 Exhibit A Scope of Work 271h AVENUE SW AND SW 3441h STREET COMPACT ROUNDABOUT PROJECT Project Description Introduction This project involves construction of a compact roundabout (RAB) at the intersection of SW 344TH Street and 27TH Avenue SW. The work may include mountable islands, channelization/signage, sidewalk, curb and gutter, curb ramps, asphalt paving, storm drainage, street lighting and utility relocation. The project is partially funded by a federal Highway Safety Improvement Program (HSIP) grant. The estimated total project cost is approximately $700,000. The project goals include: • Providing traffic calming and safety enhancements within the 344th corridor. Ensuring safe and adequate crossings • Provide a design which balances safety and efficient traffic operations within the compact round about. The CONSULTANT team shall support the City's project delivery effort by providing the final plans, specifications, and cost estimate (PS&E), and necessary permitting documents as outlined in this scope of work. Schedule • NTP September 2021 • Concept Design Fall 2021 • Design completed Fall 2022 • Contract Advertisement December 2022 • Construction 2023 Key Stakeholders City of Federal Way, local residents, local businesses, Federal Way School District, WSDOT (federal funding administrator) and Local Tribes. Project Team Owner Prime Consultant Civil Engineer Structural Engineer Survey City of Federal Way (City) KPFF Consulting Engineers (KPFF) KPFF Consulting Engineers (KPFF) KPFF Consulting Engineers (KPFF) KPFF Consulting Engineers (KPFF) Environmental/Permitting The Watershed Company (Watershed) ROW TBD, if needed by the project Illumination/Traffic Fehr and Peers (F&P) Geotechnical Engineering HWA GeoSciences (HWA) Construction Management Pacific CM Assumptions The following are general project assumptions for the Scope of Work; other assumptions are found within the project tasks. 1. The project is federally funded. 2. A 30%, 85%,100%, and Ad Ready submittal of the plans, specifications, and estimate (PS&E) package will be prepared by the CONSULTANT. 3. An illumination lighting analysis will be performed by the CONSULANT during the Conceptual Design Phase to review traffic and pedestrian lighting needs for the proposed RAB. Inclusion of illumination investments is assumed needed for this project. 4. Power and communication utilities may be relocated at various locations in coordination with the project improvements. Relocation will be funded by utilities through City/Utility franchise agreements and support provided by the CONSULTANT to help relocate utilities. Information Provided by the City 1. Record drawings for roadway, water, sewer, and stormwater. 2. City CADD PS&E standards and survey standards for use by the CONSULTANT, unless authority for plan and survey standards are delegated to the CONSULTANT. 3. Utility agencies and contact person within the project limits. 4. Identification of known critical areas and issues within the project's limits. 5. Project Manual boilerplate specifications and standard City contracting material for inclusion in bid document preparation. 6. Requirements of any grant funding that need to be met by CONSULTANT. Task 1: Project Management The CONSULTANT shall provide overall project administration and management for the duration of the project. 1.1 Contract Administration The CONSULTANT shall develop and manage the project scope, schedule, and budget and execute contract administration activities as needed to complete the scope of work. 2OF16 Monthly invoices for work completed to date shall be submitted to the City with cost tracking at the Task Level. The CONSULANT may re -allocate budget between tasks and sub -consultants at the approval of the City to meet project needs. The CONSULTANT shall prepare SUBCONSULTANT contracts and manage SUBCONSULTANTS to ensure accurate and timely implementation of the work plan and the appropriate coordination of work activities, including the review of all SUBCONSULTANTS' work on various project elements. In addition, the CONSULTANT shall conduct reviews of SUBCONSULTANTS' progress and invoices. Deliverable( 1. Scope, schedule, and budget updates as warranted (electronic PDF). 2. Monthly progress report summary (electronic PDF). 3. Monthly invoices (electronic PDF). 1.2 Project Management Plan The CONSULTANT shall develop and maintain a simplistic Project Management Plan. The Project management plan shall include: • Project Team Org Chart and Contact List • Work Breakdown Structure + Quality Control and Quality Assurance Procedures • Project Schedule A Risk Registry and design issue log shall also be maintained by the CONSULTANT. Deliverable[: 1. Project Management Plan (living document) (electronic PDF or DOCX). 1.3 Coordination Meetings The CONSULTANT shall schedule, attend, and host project meetings to support the project and facilitate communication. Project Management Meetings The CONSULTANT Project Manager (PM) and the City PM shall have a monthly virtual meeting to discuss project issues, current status, and upcoming work for the duration of the project design phase, with an expected meeting duration of 60 minutes. The CONSULTANT PM shall also attend five two-hour meetings with various City staff to support the project between design milestones, with virtual meetings assumed. 3 OF 16 Design Milestone Reviews CONSULTANT and City staff shall coordinate design reviews electronically and will not meet in person for formal meetings. Third -Party Project Technical Coordination Meetings The CONSULTANT team will attend up to eight (8) 90-minute meetings with third parties relevant to the project to coordinate technical issues on the project, such as utility coordination needs, temporary service during construction, and permitting coordination. Third parties may include utility providers and transit service providers in the corridor. Assumption(s): 1. Meetings shall be technical in nature and require one CONSULTANT staff member per meeting. 2. The CONSULTANT shall develop exhibits and supporting material for each meeting. 3. City staff shall be invited to all technical coordination meetings. Deliverable(s): 1. Meeting presentation/coordination materials. 2. Meeting draft and final notes. Task 2: Data Collection 2.1 Data Collection The CONSULTANT shall review existing data, document the major findings, determine what additional data is needed, and conduct a site visit to review existing conditions. In addition, the CONSULTANT shall complete the following activities: • Collect and review utility GIS information. • Review collision history data (City to provide collision data). • Collect and review AM peak hour turning movement counts and review City provided intersection turning movement counts for PM peak hours. • Coordinate with the City and private utilities to ensure utility information is shown correctly within the plan set. • Collect existing record drawings within the project vicinity. Assum lions : 1. The existing conditions site visit shall occur after survey has been collected. 2. City will provide information in electronic PDF format, including traffic counts, collision history and background records. 4OF16 Deliverable(s): 1. Tech memo summary of project existing condition site visit. 2. Tech memo summary of utility coordination data revisions or updates. 3. Electronic publication of collected documents. 2.2 Survey The CONSULTANT shall collect surface topo survey within the project limits per City standards at the time of contract execution. Survey shall extend 100 feet along roadway corridors beyond corridor limits shown in the Concept figure at the beginning of this scope document. The CONSULTANT shall collect right-of-way survey within the project vicinity. Monuments shall be located and used to establish rights -of -way for a distance of 100 feet beyond the anticipated project limits. The CONSULTANT shall collect, through private 3rd party utility locator, surface visual utility locate marks, including drainage and sewer utility measure -downs of accessible catch basins, manholes, inlets, and other drainage structures within the project limits. Information on non -visual underground utilities shall be collected by the CONSULTANT using GIS information, record drawings, or through 811 cursory requests. The CONSULTANT shall develop a Civil 3D basemap of the existing conditions per the City Standards and a Civil 3D existing condition Digital Terrain Model. Topo survey shall not be collected beyond the ROW limits. Assum lion s • Civil 3D 2020 shall be the project's existing condition file format. • Mapping will conform to City standards provided by City. APWA standards will be used if the City does not provide specific survey standards at time contract execution. • Survey requiring confined space entry is beyond the scope of work. Manholes over 25 feet deep or full of debris/water may not be as -built since they may require confined space entry to access the manhole in order to accurately measure the depth (if needed). • Trees 6" DBH and larger will be surveyed. Trees will be labeled with trunk and dripline diameter and will be classified as coniferous or deciduous on the basemap survey. • Survey basemaps will be provided in NAD 83(2011) horizontal, Washington State Plane, North Zone and NAVD 88 vertical datums, in U.S. Survey Feet, unless otherwise directed. • CONSULTANT will use a private 3rd party utility locator to field verify and place utility paint marks on ground. CONSULANT will collect the field marked utility locates and depict those locations on the basemap. 5 OF 16 Provision of parcel lines will be made available via current GIS layers. If a TCE or right- of-way need is established in the concept design submittal, the CONSULTANT and the City shall negotiate survey boundary calculation services in a future amendment, with possible utilization of the management reserve fund. ■ The horizontal and vertical control drawing may be one (1) plan sheet. Deliverable d: Existing Conditions survey in Civil 3D 2020 format in 2D and 3D with right-of-way limits. 2. Existing Surface DTM in Civil 3D 2020 format. 3. Horizontal and Vertical Control Drawings. Task 3: Public Involvement Support 3.1 Virtual Engagement CONSULTANT will support a virtual public engagement process, which will include two online open houses. An informal survey/comment process may also be developed by the CONSULTANT to seek feedback on relevant project topics with the public. CONSULTANT will provide graphic and written materials to the City for posting on the City's project website throughout the course of the project and open house content. Assumption( 1. City will maintain and host the project website and two virtual open houses. 2. The City will host the survey on a City administered website. 3. CONSULTANT will design the survey/comment process content for the City to review 4. Translation services shall be provided by the City for public materials, if needed. 3.2 Project Advertising and Public Engagement The CONSULTANT shall prepare a hard copy mailer for all property owners on the corridor after NTP to communicate a project is coming, notify the public of engagement opportunities, and provide opportunities to communicate desires and needs to the design team. The CONSULTANT will participate in up to four listening sessions with residents along the corridor to understand key issues and concerns with the proposed alternative. The CONSULTANT will prepare one fact sheet about the project that will serve as an attachment for email communications and will be posted on the City's website. Assumption(s): 1. City staff will print and mail hard copy mailer and post cards. 6 OF 16 Deliverable(s): 1. Public outreach graphics. 2. Content for hard copy mailer. 3. Documentation of public comments in an Excel or Word Document. Task 4: ME Design 4.1 Basis of Design The CONSULTANT shall prepare a basis of design documenting design decisions, standards, and guidelines used in the design work and key assumptions in coordination with the City. Deliverable 1. Basis of Design (living document). 4.2 Concept Design The CONSULANT shall develop a concept design of the project area and provide a recommendation for major project elements to move into final design to the City. The concept design phase shall: 1. Evaluate constructability phasing and traffic management during construction. 2. Determination of required turning vehicle movements and design speeds. 3. Evaluate opportunities to address stakeholder requests and concerns. 4. Evaluate illumination needs for the project. (see 4.4.08 for more info). 5. Identify design challenges and solutions, including the walking and biking environment. 6. Identify potential utility impacts. 7. Conceptually define landscape treatments and areas for potential Low Impact Development techniques. 8. Identify potential wall locations and heights in the corridor with recommended wall types, if needed to avoid Right of Way impacts. Assumption(s]: 1. The design team shall develop a corridor exhibit identifying recommended project elements to move into final design. 2. A workshop shall be held with the design team and the City to review the recommended project elements. 3. A planning -level cost estimate shall be developed for the recommended project elements. 7 OF 16 Deliverable(s]_:. 1. Concept Design Recommendation Figures. 2. Illumination study findings and recommendations. 3. Planning -level cost estimate technical memo. 4.3 Operations & Safety Analysis Operational Analysis The CONSULTANT shall evaluate the existing and future no -build and build traffic conditions for the intersection. Existing year shall be based on traffic counts collected in 2021 or provided by the City, at the intersection. Future traffic will be estimated for a design year of 2040 by considering a flat growth rate approximating observed growth in local travel demand forecast models for the area, unless directed otherwise. The analysis shall consider a single AM and PM peak hour for all scenarios. Results shall be presented in a short technical memo with an executive summary. Assumptions: 1. The analysis for the stop -controlled conditions shall be conducted in Sidra using Highway Capacity Manual version 6 methodology. 2. Roundabout build conditions will be modeled in Sidra software per WSDOT roundabout modeling requirements. Deliverables: 1. Traffic Modeling Files for the following: a. AM peak hour existing no -build model b. AM peak hour existing build model c. AM peak hour future no -build model d. AM peak hour future build model e. PM peak hour existing no -build f. PM peak hour existing build scenario g. PM peak hour future no -build model h. PM peak hour future build model 2. Draft & Final Traffic Operations Summary Memorandum Intersection Safety Analysis The CONSUTLANT shall prepare a Safety Performance for Intersection Control Evaluation (SPICE) using the SPICE spreadsheet tool available through the FHWA Highway Safety Manual tools website. The SPICE will include the existing stop control scenario as well as the single lane roundabout build scenario for a build and opening year. Deliverables: 1. SPICE Spreadsheet (.xlsm format) 2. Draft & Final SPICE Summary Memorandum 8 OF 16 4.4 ME The CONSULTANT shall prepare plans, specifications, and cost estimates for the project. Assumption(s): 1. Submittals shall be electronic. 2. Sheet scale for full civil drawings will be 1:20, unless additional detail or clarity is needed. 3. No protected aquifers exist within the limits of this project. 4. Contractor to provide Stormwater Pollution Prevention Plan (SWPPP). 5. All work will be completed with AutoCAD 2020 and Civil 3D 2020 software. Deliverable s : 1. 30 % PS&E Submittal: a. 30% Plan Set (11x17 PDF) b. 30% Cost Estimate c. Basis of Design Memo (PDF) d. Draft Traffic Analysis (PDF) 2. 85 % PS&E Submittal: a. 85% Plan Set (11x17 PDF) b. 85% Cost Estimate c. Specifications d. Response to City 30% comments (PDF or Excel) 3. 100 % PS&E Submittal: a. 100% Plan Set (11x17 PDF) b. 100% Cost Estimate c. Specifications d. Response to City 85% comments (PDF or Excel) 4. Ad -Ready Submittal: a. Final Plan Set (11x17, 22x34 PDF and digital CAD files) b. Final Cost Estimate c. Final Specifications d. Response to City 100% comments (PDF or Excel) 4.4.1 General Plans The CONSULTANT shall develop and update a cover sheet and drawings index. The CONSULTANT shall document general notes, abbreviations, and symbols. The CONSULTANT shall develop survey control sheets for the project based on collected topographical survey, providing horizontal and vertical control for the project. 9OF16 Deliverable{ 1. Cover sheet. 2. General notes and legend sheet. 3. Survey control sheets. 4.4.2 Site Prep/TESC and Utility Plan The CONSULTANT shall 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, walls, building structures and foundations, and miscellaneous structures. Demolition required for utilities, drainage features, signing, striping, 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. Franchise utility relocation shall be shown within the same drawing set, if needed. Assumptions) 1. Utility plans for storm system modifications will be shown on separated Plan sheets. Deliverable(l 1. Site Preparation/ TESC and Franchise Utility Plans. 4.4.3 Roadway/ROW Plans The CONSULTANT shall produce roadway paving plans for the project and include any ROW information in the alignment sheets. Assum lions : 1. Plan sheets and profile sheets may be on separate plan sheets. 2. Pavement sections depths for inclusion into the project shall be provided to the CONSULTANT by the City. 3. Alternative methods of showing vertical control information, such spot elevation grading details or curb profiles, may be used in place of traditional vertical profile plans with super elevation tables if it simplifies the design and construction effort. Deliverables : 1. Horizontal Alignment/ROW Plans and Vertical Profile or Vertical Control Plans. 2. Paving Plans and Typical Sections Plans. 3. Paving Details. 4. Intersection Plans and Ramp Details. 10 OF 16 4.4.4 Channelization and Signage Plans The CONSULTANT shall develop a channelization and signage plans for the project. Assum lions : 1. City roadway signage within the corridor shall be replaced. 2. Other agency or private signage will be reused unless otherwise provided by their respective owner(s). Deliverables : 1. Channelization and Signage Plans. 4.4.5 Construction Phasing Plan 1 Traffic Control Plans The CONSULTANT shall develop Construction Phasing Plans for the project meeting the City's traffic control plan requirements. The CONSULTANT shall 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. Assumption(s): 1. City shall provide MUTCD edition or City criteria for use by the CONSULTANT. 2. Construction Phasing Plans shall identify high-level traffic phasing approach, such as detours and contractual access requirements. 3. Traffic Control Plans shall document work zone details meeting WSDOT traffic control plan guidelines on detail development, limited to four locations/applications. 4. The Contractor may use the traffic control plans upon resubmittal and approval to the City during construction. Deliverable(l 1. Construction Phasing Plans. 2. Traffic Control Plans for up to four applications 4.4.6 Stormwater Report The CONSULTANT will prepare a preliminary and final Storm Drainage Technical Information Report (TIR). Stormwater Management criteria shall be per King County and City of Federal Way drainage code requirements. The CONSULTANT will meet with City staff to review and discuss existing and future drainage conditions, and potential drainage solutions for Stormwater runoff mitigation to be implemented by the project. The draft stormwater report shall be turned in near the 60% submittal milestone. 11 OF 16 Upon receiving City comments, the CONSULTANT shall formally reply to comments via written response. A final report shall be produced and submitted to the City with the 85% plan set. Deliverables 1. Draft and Final stormwater report. 2. Draft stormwater report comment responses. 4.4.7 Stormwater Plans The CONSULTANT shall perform an engineering analysis and design a stormwater system within the project limits to meet current stormwater requirements. The drawings shall show removals and abandonment of existing stormwater features by the project. Assumptions Stormwater design will meet the requirements of the City and King County at the time of contract NTP. 2. Conveyance design will only include stormwater systems within the limits of the project. Capacity analysis and design of off -site stormwater conveyance systems is not included in this scope of work. 3. The existing storm and sewer systems are separated systems. Combined sewer system design is not included in this scope of work. Deliverables : 1. Stormwater plans, profiles, and details. 4.4.8 Lighting Analysis The CONSULTANT will evaluate existing illumination in the vicinity of the project intersection and develop recommendations to improve the lighting if necessary. Lighting evaluation will be consistent with WSDOT and City of Federal Way standards. The analysis will be completed using AGi 32 software. The CONSULTANT will develop a cost estimate of the recommendations. The CONSULTANT will submit an Existing Conditions memo summarizing the existing conditions lighting analysis, and a recommendations memo summarizing recommended illumination investments for the intersection, with concept level cost estimate. Assumption(s) City shall provide lighting fixture information and illumination standards and specifications. Deliverable (s) : 1. Existing Lighting analysis memo with Light level exhibits. 2. Memo addressing recommended illumination investments in the corridor. 12 OF 16 4.4.9 Lighting Design The CONSULTANT will develop lighting plans for spot illumination upgrades for the intersection if included in the final project scope. The drawings shall show removals and abandonment of existing lighting elements by the project and installation of all new lighting elements, including pedestrian lighting elements. The CONSUTANT will coordinate power needs with applicable utilities, including service applications. Plan will account for metered electrical service to provide power for the street and pedestrian lighting system as well as festoon power outlets. Assumption( 1. City shall provide lighting fixture information and illumination standards and specifications. 2. CONSULTANT design effort is limited to four street illumination pole installations and one service applications. 3. CONSULTANT shall develop foundation designs based on standard designs. Deliverable{s�; 1. Lighting plans and details for 30%, 85%, and 100% design (up to 2 sheets per submittal). 4.4.10 Engineer's Estimate and Project Specifications The CONSULTANT shall deliver an estimate for construction costs for all milestones broken out into funding categories as direct by the City. The estimate shall be submitted in Microsoft Excel (XLSX) format. The CONSULTANT shall deliver technical specifications for the project per WSDOT/APWA standard specifications using City Standards. Assumntion(s); 1. In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the project, the CONSULTANT shall have no control over cost or price of labor and materials, unknown or latent conditions of existing equipment or structures that might affect operation or maintenance costs, competitive bidding procedures and market conditions, time or quality of performance by operating personnel or third parties, and other economic and operational factors that might materially affect the ultimate project cost or schedule. The CONSULTANT, therefore, shall not warranty that the actual project costs, financial aspects, economic feasibility, or schedules shall not vary from CONSULTANT's opinions, analyses, projections, or estimates. 2. Budget -level cost estimates shall include appropriate contingency factors to account for project uncertainties that cannot be explicitly accounted for at the projects various engineering stages. Risks that have been identified shall be listed along with potential cost and schedule impacts. 13 OF 16 The effort to prepare quantities for the estimate unit cost items and lump sums shall be provided under the respective design discipline task using the City's standard measurements. 4. All "soft costs" to be included within the cost estimate, such as City -procured items, and City self -performed work will be provided to the CONSULTANT two weeks before the estimate due date. 5. The CONSULTANT shall not prepare quantity tabulation sheets. 6. Quantities shall be developed from engineered drawings to the maximum extent feasible. 7. City shall provide direction on what edition of WSDOT Standard Specifications to use in project manuals developed by the CONSULTANT Deliverable(s): 1. Estimate in excel format with notes provided on basis of estimate. 2. Pre 85% Specification Outline 3. Project Manual at the 85%,100% and final submittals. 4.4.11 QAIQC The CONSULTANT shall conduct thorough quality reviews and checks for each submittal. This task covers senior reviews of major work deliverables, including the concept design work. The project quality manager shall be responsible for ensuring that they are completed and documented. Such reviews shall be performed after deliverables are assembled and before their submittal to the City. QC efforts and reviews shall encompass the work performed by the CONSULTANT and its SUBCONSULTANTS. Routine checking of calculations, plan sheets, and other work, done as peer review on the various discipline items, is included in the scope of the individual task. 4.4.12 Bid Support Services The CONSULTANT shall support the City during the bidding period as needed. Support may include addressing bidding questions, addendum production, and evaluation of bid results. Assumption(s]_:. 1. A level of effort of 20 CONSULTANT hours. Deliverable(sL: 1. Deliverables as requested by the City. 14 OF 16 Task 5: Environmental Services 5.1 Environmental Permitting Task Overview The CONSULTANT will prepare documentation and support permitting needs on the project. Assum tion s 1. A Work Hour Variance Request from the City of Federal Way is not included. 2. No right-of-way, building, or other land use/ permits are included. NEPA Technical Analysis The Consultant shall perform a technical analysis of the environmental impacts that may result from implementation of the project. The CONSULTANT will incorporate the results of the technical analysis into a NEPA Checklist. A memorandum on Environmental Justice impacts will be prepared. Where appropriate, the technical analysis will be incorporated as an appendix. Assum lions 1. A Cultural Resource Investigation is not anticipated for this project due to nature of the work, but will require validation / confirmation by the State of Washington due to Federal Funding. A field Cultural Resource Investigation will be an additional service. 2. One (1) staff will assess existing conditions with a reconnaissance -level site visit. It is assumed no in -ground survey (e.g., for wetland delineations) is required. 3. It is assumed that no other technical reports or modeling, including endangered species, wetlands, noise, environmental health, or light and glare, will be required to complete the NEPA documentation. ESA review will consist of a desktop review. 4. The project will qualify for a NEPA Categorical Exclusion consistent with 23 CFR 771.117.c.23.i, or c.26. 5. The City shall handle all correspondence with WSDOT. 6. The City shall handle all required public noticing requirements (i.e., posting the site if applicable). 7. One round of revisions (based upon City and/or WSDOT comments) is included. Deliverable(s�; 1. Electronic copies of the Draft and Final Environmental Justice memorandum. 2. Electronic copies of the Draft NEPA Checklist and Final NEPA Checklist in PDF format. 15 OF 16 SEPA Coordination The CONSULTANT will utilize the NEPA documentation described above to process SEPA through the City of Federal Way. Assmmfionish 1. A SEPA Checklist will not be prepared; NEPA documentation will be utilized by the City to meet SEPA documentation needs. 2. The SEPA will not be appealed and support for an appeal is not included. 3. A SEPA Addendum is not included. Task 6: Management Reserve 6.1 Management Reserve A design phase reserve may be utilized by the CONSULANT at the approval of the City to perform design services beyond the assumptions in the design services scope of work or work critical for project delivery not identified in the Scope of Work. Assumption{s): 1. The management reserve shall only be used with written approval of the City to address specific project issues identified by the CONSULTANT. 2. The Management Reserve fund is a design allowance fund to address project elements not identified at project scoping. Deliverable(s) 1. The CONSULTANT shall provide a written request with scope of work and proposed level of effort to the City if the CONSULTANT identifies required project services outside the scope of work. 16 OF 16 Exhibit B N/A DBE Participation Agreement Number: Exhibit B - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Page 1 of 1 Exhibit C Preparation and Delivery of Electronic Engineering and Other Data In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is to use in preparing electronic files for transmission to the agency. The format and standards to be provided may include, but are not limited to, the following: I. Surveying, Roadway Design & Plans Preparation Section A. Survey Data AutoCAD 2020 Civil 3D 2020 Horizontal control: Washington State Plane Coord NAD 83/11 Vertical control: North American Vertical Datum of 1988 (NAVD-88) Survey data shall be provided as part of the Computer Aided Drafting (CAD) file submittal. Individual topographic survey points shall be included as part of the files. B. Roadway Design Files AutoCAD 2020 Civil 3D 2020 Roadway Design Files shall be provided as part of the CAD file submittal, along with any other design files prepared by the Consultant. C. Computer Aided Drafting Files AutoCAD 2020 Civil 3D 2020 Agreement Number: Exhibit C - Local Agency ABE Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 4 D. Specify the Agency's Right to Review Product with the Consultant The Agency reserves the right to review the Consultant's work product at any time during the project. E. Specify the Electronic Deliverables to Be Provided to the Agency Electronic versions of deliverables (reports, plans, contract documents, etc.) shall be provided to the Agency (in PDF format, as well as editable electronic forinats) at the 30% completion stage, 85% completion stage, 100% completion stage, and final documents for bidding. F. Specify What Agency Furnished Services and Information Is to Be Provided The Agency will not provide any electronic data for this project. Agreement Number: Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02101/2021 Page 2 of 4 II. Any Other Electronic Files to Be Provided Electronic deliverables include digital photos (.jpg), Microsoft Project Schedules (.mpp), scanned or electronic documents (.pdf, .doc, .xls, etc.) III. Methods to Electronically Exchange Data Data is to be transferred by email, or file transfer sites. Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Page 3 of 4 A. Agency Software Suite The City of Federal Way software suite is Microsoft Office. The City of Federal Way operating system is Windows 10. The City of Federal Way uses B1ueBeam Revu. B. Electronic Messaging System The City of Federal Way email software is Microsoft Outlook. All emails are subject to public records requests. C. File Transfers Format See previous sections. Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Page 4 of 4 Exhibit D See attached Exhibit D Prime Consultant Cost Computations Agreement Number: Exhibit D - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Page 1 of 1 Exhibit D Fee Proposal 27th Ave SW -SW 344th St Compact Roundabout KPFF Consulting Engineers and Subconsultants Cn.,+nether 71 Y Description KPFF (Civil) Fehr and Peers KPFF Survey Watershed Total Cost Task 1 Project Management $ 10,858.07 $ 3,047.71 $ - $ 528.62 $ 14,434.40 1.1 Contract Admin $ 5,857.73 $ 1,606.03 $ - $ - $ 7,463.76 1.2 1 Project Management Plan $ 2,228.48 $ 620.47 $ - $ - $ 2,848.96 1.3 Coordination Meetings $ 2,771.85 $ 821.20 $ - $ 528.62 $ 4,121.68 Task 2 'Data Collection $ 3,377.70 $ 961.08 $ 13,407.35 $ - $ 17,746.13 Data Collection $ 3,377.70 961.08 - $ - $ 4,338.78 Survey $ - $ - $ 13,407.95 $ - $ 13,407.35 Task 3 Public Involvement Support $ 7,029.58 $ - $ - $ - $ 7,029.58 Virtualngagement $ 3,342.13 $- - 3.2 Project Advertising and Public Engagement $ 3,686.85 $ - $ - $ $ 3,686.85 Task 4 iPS&E Design $ 64,426.06 $ 21,094.78 $ - 5 - $ 85,520.83 4.1 Basis of Design $ 1,653.77 $ 720.84 $ $ - $ 2,374.61 4.2 -Concept Design $ 4,191.02 $ 380.17 $ - $ - $ 4,571.20 4.3 Operations & Safety Analysis $ - $ 5,063.78 $ - $ - $ 5,063.78 4.4 PS&E $ - $ - $ - $ - $ - 4.4.01 General Plans $ 1,863.73 $ - $ - $ - $ 1,863.73 4.4.02 Site Prep/TESC and Utility Plan $ 5,074.51 $ - $ - $ - $ 5,074.51 4.4.03 Roadway/ROW Plans $ 11,948.92 $ - $ - $ - $ 11,948.92 4.4.04 Channelization and Signage Plans $ 11,074.20 $ $ - $ - $ 11,074.20 4.4.05 Construction Phasing Plan/Traffic Control Plans $ 3,483.71 $ - $ - $ - $ 3,483.71 4.4.06 Stormwater Report $ 3,596.11 $ - $ - $ - $ 3,596.11 4.4.07 Stormwater Plans $ 8,994.07 $ - $ - $ - $ 8,994.07 4.4.08 Lighting Analysis $ - $ 1,721.42 $ - $ - $ 1,721.42 4.4.09 Lighting Design $ - $ 11,073.54 $ - $ - $ 11,073.54 4.4.10 Engineer's Estimate and Project Specifications $ 6,127.57 $ 2,135.03 $ - $ - $ 8,262.60 4.4.11 QA/QC $ 4,281.77 $ - $ - $ - $ 4,281.77 4.4.12 Bid Support Services $ 2,136.66 $ $ - $ - $ 21136.66 Task 5 Environmental Services $ - $ - $ $ 9,238.58 $ 9,238.58 5.1 Environmental Permitting $ $ $ - $ - $ - 5.2.1 NEPA Technical Analysis $ $ - $ - $ 7,893.47 $ 7,893.47 5.2.2 SEPA Coordination $ - $ - $ - $ 1,345.10 Task 6 Management Reserve $ 10,000.00 $ - - $ - 10,000.00 6.1 Management Reserve $ - $ - $ - $ - $ - Total Labor Cost by Firm $ 815,691.41 1 $ 25,103.56 1 $ 13,407.351 $ 9,767.19 $ 143,969.51 Reimbursable Costs by Firm $ 108.90 $ - 5 920.00 5 - 1 $ 1,028.96 Subtotal $ 95,800.31 $ 25,103.56 $ 14,327.35 $ 9,767.19 1 $ 144,998.41 Page 1 of 1 Fee Proposal 27th Ave SW -SW 344th St Compact Roundabout 140.711,6 Overhead Rate KPFF Consulting Engineers (Prime) 30.M% profit-- . Page 1 of 1 Fee Proposal 27th Ave SW -SW 344th St Compact Roundabout 140.71% Overhead Rate KPFF Survey 30.00% 1 Profit= September-21 Name Total Hours Total Direct Salary Cost Description p Principal Associate Project Surveyor Crew Chief Instrument Person CADD Drafter Direct Rate $ 72.11 $ 46.00 $ 36.00 $ 31.00 $ 25.00 $ 30.00 Task 1 Project Management 0 0 0 0 0 0 1.1 Contract Admin 0 $ 1.2 Project Management Plan 0 $ 1,3 Coordination Meetings 0 $ Task 2 Data Collection 6 0 24 56 46 24 Data Collection 0 c 2.2 urvev 6 0 24 56 48 24 156 $ 4,952.66 Task 3 Public Involvement Support 0 0 0 0 0 0 3.2 Proiect Advertising and Public Engagement 0 $ Task 4 PSBE Design 0 0 0 0 0 0 4.1 Basis of Design 0 $ 4.2 Concept Design 0 $ 4.3 Operations & Safety Analysis 0 $ 4.4 PS&E 0 $ 4.4.D1 general Plans 0 $ 4.402 .Site PrepfTESC and Utility Plan 0 $ 4.4.03 Roadway/ROW Plans 0 $ 4.4.04 iChannelization and Signage Plans 0 $ 4.4.05 Construction Phasing Plan/Traffic Control Plans 0 $ 4.4.06 Stonnwater Report 0 $ 4.4.07 'Slormwater Plans 0 $ 4.4.08 Lighting Analysis 0 $ 4.4.D9 Lighting Design 0 $ 4.4.10 Engineers Estimate and Project Specifications 0 1 $ 4.4.11 QA/QC 0 $ 4.4.12 Bid Support Services 0 $ Task 5 IEnviranmental Services 0 0 0 0 0 0 S Task6 Management Reserve 0 0 0 0 0 0 Total Hours per person 6 0 24 56 48 24 158.0 Direct Salary $ 432.66 S $ 864.00 $ 1,736.00 $ 1,200.00 $ 720.00 $ 4,952.66 Overhead Costs $ 608.80 $ $ 1,215.73 S 2.442.73 S 1.688.52 $ 1,013.11 $ 6,968.89 Profit $ 129.80 S $ 259.20 S 520.80 S 360,00 $ 216.00 $ 1,485.80 Total Fee excluding reimbursables S 1,171.25 S $ 2,338.93 $ 4,699.53 $ 3,248.52 $ 1,949.11 S 13,407.35 COI CC Item Quantity Unit Unit Cost Sub -Totals Totals 5 $ $ $ APS Conductible Locates RM($115/hr) 8 hour $ 115.00 $ 920.00 $ 920.00 $ $ $ $ Total S 920.00 Total Cost I S 14,327 Page 1 of 1 Exhibit E Sub -consultant Cost Computations If no sub -consultant participation at this time. The CONSULTANT shall not sub -contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. Refer to section VI "Sub -Contracting" of this AGREEMENT. See attached Exhibit E Agreement Number: Exhibit E - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Page 1 of 1 Exhibit E Fee Proposal 27th Ave SW -SW 344th St Compact Roundabout 189.31% Overhead Rate Fehr and Peers 27.00% Profit September-21 (Name Daniel Dye Chris Grgich Nick Harris Jim Moser Brittany Skinner Total Hours Total Direct Salary cost Descrl Uon p Project Manager Associate -in- Charge Design Engineer CAD Support Admin Direct Rate $ 43.27 $ 54.81 $ 32.69 $ 44.23 $ 35.10 Task 1 Project Management 1 u 2 0 0 12 1.1 ContractAdmin 2 12, 14 $ 507.74 1.2 Project Management Plan 2 2 0 4 $ 196.16 1.3 Coordination Meetings 6 0 0 6 $ 259.62 Task 2 Data Collection 4 0 4 0 0 2.1 Data Collection 4 0 4 1 8 $ 303.84 Survey 0 $ Task 3 (Public Involvement Support 0 0 0 0 0 3.1 'Virtual Engagement 3.2 Project Advertising and Public Engagement 0 $ ` Task 4 PSBE Design 30 22 122 4 0 4.11 Basis of Design 4 1 0 5 $ 227.89 4.2 Concept Design 1 2 3 $ 120.19 4.3 Operations & Safety Analysis 1 6 3 36 45 $ 1.600.89 4.4 PS&E 0 $ - 4.4.01 General Plans 0 $ 4.4.02 Site PrepITESC and Utility Plan 0 $ 4.4.03 IRoadwaylROW Plans 0 $ 4.4.04 Channelization and Signage Plans 0 $ 4.4.05 Construction Phasing PlanlTraffic Control Plans 0 $ 4.4.06 'Stormwater Report 0 $ 4.4.07 Stormwater Plans 0 $ - 4.4.08 (Lighting Analysis 4 2 8 14 $ 544.22 4.4.09 Lighting Design 12 13 64 4 93 $ 3.500.85 4.4.10 Engineers Estimate and Project Specifications 4 2 12 18 $ 674.98 4.4.11 QAIQC 0 $ 4.4.12 Bid Support Services 0 $ Task 5 Environmental Services 0 0 0 0 0 $ Task 6 Management Reserve 0 0 0 0 0 Total Hours per person 44 24 126 4 12 210.0 Direct Salary $ 1,903.B8 $ 1,315.44 $ 4,11B.94 $ 176.92 $ 421.20 $ 7,936.38 Overhead Costs $ 3,604.24 $ 2,490.26 $ 7,797.57 $ 334.93 $ 797.37 $ 15,024.36 Profit $ 514.05 $ 355.17 $ 1,112.11 $ 47.77 $ 113.72 $ 2,142.82 Total Fee excluding reimbursabtes $ 6,022.16 $ 4,160.87 $ 13,028.62 $ 559.62 $ 1,332.30 $ 25,103.55 DCIWDIIDCADI CC Item Quantity Unit Unit Cost Sub -Totals Totals Mileage Miles $ 0.55 $ $ Fliers - print shop costs Flier $ 1.00 $ $ Signs Sign $ 35.00 $ $ Translations Page $ 100.00 $ $ $ $ $ 5 Total j S Total Cost I 5 25,104 Page 1 of 1 Fee Proposal 27th Ave SW -SW 344th St Compact Roundabout 181.34% Overhead Rate The Wateshed Group 27 M% Profit- Cohn ian•_7� 111111111111111111 --------_� Illlllllllllllllle ---_----- LIM ILIM � ® - Page 1 of 1 Exhibit F - Title V1 Assurances Appendix A & E APPENDIX A During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Non-discrimination in Federally -assisted programs of the U.S. Department of Transportation, (Title of Modal Operating Administration), as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. [Include Modal Operating Administration specific program requirements.] Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, or national origin. [Include Modal Operating Administration specific program requirements.] 4. Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the (Title of Modal Operating Administration) to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the Recipient or the (Title of Modal Operating Administration), as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non- discrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the (Title of Modal Operating Administration) may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the (Title of Modal Operating Administration) may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. Local Agency A&E Professional Services Cost Agreement Number Plus Fixed Fee Consultant Agreement Revised 0210112021 Exhibit F - Title V1 Assurances Appendix A & E APPENDIX E During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); ■ Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0210112021 Exhibit G Exhibit G-1(a) Exhibit G-1(b) Exhibit G-2 Exhibit G-3 Exhibit G-4 Certification Documents Certification of Consultant Certification of Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying Certificate of Current Cost or Pricing Data Agreement Number: Exhibit G -Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Page 1 of 1 Exhibit G-1(a) Certification of Consultant I hereby certify that I am the and duly authorized representative of the firm of KPFF, Inc. whose address is 1601 Fifth Avenue, Suite 1600, Seattle, WA 98101 and that neither the above firm nor I have: a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure this AGREEMENT; b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any); I acknowledge that this certificate is to be furnished to the WSDOT and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. KPFF, Inc. Consultant (Firm Name) G Official of Consultant) Date Agreement Number: Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Exhibit G-1(b) Certification of City of Federal Way I hereby certify that I am the: 0 Mayor ❑ Other of the City of Federal Way , and City of Federal Way or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: a) Employ or retain, or agree to employ to retain, any firm or person; or b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): I acknowledge that this certificate is to be furnished to the WSDOT and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. & a Date Agreement Number: Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02 O112021 Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; B. Have not within a three (3) year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State anti-trust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and D. Have not within a three (3) year period preceding this application / proposal had one or more public transactions (Federal, State and local) terminated for cause or default. II. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. KPFF, Inc. Consultant (Firm Name) C" , Si t re {Authorized Official of Consultant) Date Agreement Number: Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative AGREEMENT, and the extension, continuation, renewal, amendment, or modification of Federal contract, grant, loan or cooperative AGREEMENT. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00, and not more than $100,000.00, for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier sub -contracts, which exceed $100,000, and that all such sub -recipients shall certify and disclose accordingly. KPFF, Inc. Consultant (Firm Name) ( 4 XW44-- Sig#re (Authori2ed Official of Consultant) lI- I1- aoa l Date Agreement Number: Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02101/2021 Exhibit G-4 Certificate of Current Cost or Pricing Data This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section 2.101 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted, either actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer's representative in support of the 27th Ave SW at SW 344th St CRAB * are accurate, complete, and current as of September 21, 2021 **. This certification includes the cost or pricing data supporting any advance AGREEMENT's and forward pricing rate AGREEMENT's between the offer or and the Government that are part of the proposal. Firm: KPFF, Inc. QJw )�-� Sig ure Date of Execution***: II - I /-; 0 1 Title *Identify the proposal, quotation, request for pricing adjustment, or other submission involved, giving the appropriate identifying number (e.g. project title.) **Insert the day, month, and year, when price negotiations were concluded and price AGREEMENT was reached. ***Insert the day, month, and year, of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. Agreement Number: Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Exhibit H Liability Insurance Increase To Be Used Only If Insurance Requirements Are Increased NOT USED The professional liability limit of the CONSULTANT to the AGENCY identified in Section XII, Legal Relations and Insurance of this Agreement is amended to $ The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the amount of $ Such insurance coverage shall be evidenced by one of the following methods: • Certificate of Insurance. • Self-insurance through an irrevocable Letter of Credit from a qualified financial institution. Self-insurance through documentation of a separate fund established exclusively for the payment of professional liability claims, including claim amounts already reserved against the fund, safeguards established for payment from the fund, a copy of the latest annual financial statements, and disclosure of the investment portfolio for those funds. Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed $1 million per occurrence or the value of the contract, whichever is greater, then justification shall be submitted to the Federal Highway Administration (FHWA) for approval to increase the minimum insurance limit. If FHWA approval is obtained, the AGENCY may, at its own cost, reimburse the CONSULTANT for the additional professional liability insurance required. Notes: Cost of added insurance requirements: $ • Include all costs, fee increase, premiums. • This cost shall not be billed against an FHWA funded project. • For final contracts, include this exhibit. Agreement Number: Exhibit H - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Page 1 of 1 Exhibit I Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1 Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs, records of labor, materials and equipment. Step 3 Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manager and any personnel (including sub -consultants) deemed appropriate for the alleged design error(s) issue. Step 4 Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultant's alleged design error(s), there are three possible scenarios: It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. • It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place. The agency is to provide LP, through the Region Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements. No further action is required. • There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. Agreement Number: Exhibit I - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Page 1 of 2 Step 5 Forward Documents to Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary, LP will request assistance from the Attorney General's Office for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement. • If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. LP, in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue. • If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or by litigation. Agreement Number: Exhibit I - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Page 2 of 2 Exhibit J Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1 Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1, the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs (if applicable), and FHWA (if applicable) agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim. After the request has been approved, the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures. Agreement Number: Exhibit J - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Page 1 of 2 Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • Agency's summation of hours by classification for each firm that should be included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; • Explanation regarding those areas in which the Agency does/does not agree with the consultant's claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s); and • Recommendations to resolve the claim. Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5 Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim(s) and rationale utilized for the decision. Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. Agreement Number: Exhibit J - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Page 2 of 2 lqjff November 03, 2021 Christine Mullen Senior Capital Engineer City of Federal Way Public Works Department 33325 8th Avenue South Federal Way, WA 98003 RE: 27th Avenue SW at SW 344th Street Compact Roundabout Signing Authority Dear Ms. Mullen: Thank you for the opportunity to provide engineering services to the City of Federal Way under this contract. KPFF is submitting formal notification that John McMillan, PE, PMP, with the title of Associate, has authority to execute this contract. Please let me know if you require further information. Sincerely, Nikhil Kalghatgi, PE CFO 1601 Fifth Avenue, Suite 1600 Seattle, WA 98101 206-622-5822 kpff.com Client#: 25326 KPFFINCO DATE (MM/DD/YYYY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 11/05/2021 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CO TACT Sabrina Wynn Greyling Ins. Brokerage/EPIC PFAX n CC No' Exl : 4707852254 AIC, Na 3780 Mansell Road, Suite 370 an AIL sabrina.wynn@greyling.com Alpharetta, GA 30022 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: National Union Fire Ins. Co. 19445 INSURED INSURER B : The Continental Insurance Company 35289 INSURER C : P KPFF, Inc. New Hampshire Ins. Co. 23841 1601 5th Ave Allied World Surplus Lines Ins 24319 INSURER D : P Suite 1600 INSURER E : Seattle, WA 98101 INSURER F rnvcowr_CQ r�GRTII=I!'ATF 1J11MRFF - 91-99 RFVISI(N NI IMRFR: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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. LT R TYPE OF INSURANCE AO R WVD POLICY NUMBER (MM/DDIYYYY MMlDDIYYYY LIMITS LTR V A X COMMERCIAL GENERAL LIABILITY GL5268336 04/01 /2021 04/01/2022 EACH OCCURRENCE $1 000.000 PREMISESOEaoccurrence CLAIMS -MADE � OCCUR $500000 MED EXP (Any oneperson) $25.000 PERSONAL & ADV INJURY $1 000 000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s2,000,000 POLICY F_X] JECOT 0 LOG PRODUCTS - COMP/OP AGG $ 2 000 000 $ i OTHER: A AUTOMOBILE LIABILITY CA9775930 34/01/2021 04/01/2022 za COMBINED SINGLE LIMIT ir 2,000,000 BODILY INJURY (Per person) $ X ANY AUTO BODILY INJURY (Per accident) $ OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED X AUTOS ONLY X AUTOS ONLY PROPERTY DAMAGE Per accident $ B X UMBRELLA LIAB I X I OCCUR 6050399824 1 134/01/2021 04/01/2022 EACH OCCURRENCE $10,000,000 �( AGGREGATE $10,000,000 EXCESS LIAR ri CLAIMS -MADE DED I X1 RETENTION $O $ C C WORKERS COMPENSATION ANO EMPLOYERS' LIABILITY ANY PROPRiETORIPARTNER/IrXECUTIVE OFFICERIMEMBEFi EXCLUDED? N (Mandalory in NH) N / A WCO22298245(AOS) WCO22298244(CA) D4/01 /2021 04/01 /202 'A'PER OTH- E.L. EACH ACCIDENT $1 00O 000 E.L. DISEASE - EA EMPLOYEE $1 00O 000 E-L- DISEASE - POLICY LIMIT 1 $1 00O 000 If yes, describe under DESCRIPTION OF OPERATIONS below D Professional/ 03120067 '10/10/2021 10/10/2022 Per Claim $10,000,000 Pollution Aggregate $10,000,000 Liability SIR: $250 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Re: 10042100349; 27th Ave SW at SW 344th Street Compact Roundabout. The State and Agency, their officers, employees, and agents will be named on all policies of Consultant and any sub -consultant and/or subcontractor are named as an Additional Insured on the above referenced liability policies with the exception of workers compensation & professional liability where required by written contract. The above referenced liability policies with the exception of workers compensation and (See Attached Descriptions) I I Lei h! I:It of Federal Way SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Y y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 33325 8th Ave South ACCORDANCE WITH THE POLICY PROVISIONS. Federal Way, WA 98003-0000 AUTHORIZED REPRESENTATIVE . ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S2979794/M2900361 SWY01 DESCRIPTIONS (Continued from Page 1) professional liability are primary & non-contributory where required by written contract. Waiver of Subrogation is applicable where required by written contract & allowed by law. Should any of the above described policies be cancelled by the issuing insurer before the expiration date thereof, 30 days' written notice (except 10 days for nonpayment of premium) will be provided to the Certificate Holder. SAGITTA 25.3 (2016/03) 2 of 2 #S2979794/M2900361 POLICY NUMBER: GL5268336 04/01/2021 04/01/2022 COMMERCIAL GENERAL LIABILITY CG20101219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) I Location(s) Of Covered Operations ANY PERSON OR ORGANIZATION WHOM YOU PER THE CONTRACT OR AGREEMENT. BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. I Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II 6 Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in ` performing operations for a principal as a part of the same project. CG 20 10 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of 2 0 Insurance Services Office, Inc., 2018 CG 20 10 12 19 POLICY NUMBER: GL5268336 COMMERCIAL GENERAL LIABILITY 04/01/2021 04/01/2022 CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations ANY PERSON OR ORGANIZATION PER THE CONTRACT OR AGREEMENT. WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. I A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 37 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 1 ENDORSEMENT This endorsement, effective 12:01 A.M.04/01/2021 forms a part of Policy No. CA9775930 issued to KPFF, Inc. by National Union Fire Insurance Company of Pittsburgh, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Sf'HFI]I11 F ADDITIONAL INSURED: ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE CONTRACTUALLY BOUND TO PROVIDE ADDITIONAL INSURED STATUS BUT ONLY TO THE EXTENT OF SUCH PERSON OR ORGANIZATIONS LIABILITY ARISING OUT OF THE USE OF A COVERED AUTO. I. SECTION II - COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 1. - Who Is Insured, is amended to add: d. Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered "auto". However, the insurance provided will not exceed the lesser of: (1) The coverage and/or limits of this policy, or (2) The coverage and/or limits required by said contract or agreement. AUTHORIZED REPRESENTATIVE 87950 (9/14) ENDORSEMENT This endorsement, effective 12:01 A.M.04/01/2021 forms a part of policy No. CA9775930 issued to KPFF, Inc. by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INSURANCE PRIMARY AS TO CERTAIN ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section IV - Business Auto Conditions, B., General Conditions, 5., Other Insurance, c., is amended by the addition of the following sentence: The insurance afforded under this policy to an additional insured will apply as primary insurance for such additional insured where so required under an agreement executed prior to the date of accident. We will not ask any insurer that has issued other insurance to such additional insured to contribute to the settlement of loss arising out of such accident. All other terms and conditions remain unchanged. Authorized Representative or Countersignature (in States Where Applicable) 74445 (10/99) ENDORSEMENT This endorsement, effective 12:01 A.M. 04/01/2021 forms a part of policy No. CA9775930 issued to KPFF, Inc. by National Union Fire Insurance Company of Pittsburgh, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section IV - Business Auto Conditions, A. - Loss Conditions, S. - Transfer of Rights of Recovery Against Others to Us, is amended to add: However, we will waive any right of recover we have against any person or organization with whom you have entered into a contract or agreement because of payments we make under this Coverage Form arising out of an "accident' or "loss" if: (1) The "accident' or "loss" is due to operations undertaken in accordance with the contract existing between you and such person or organization; and (2) The contract or agreement was entered into prior to any "accident" or "loss". No waiver of the right of recovery will directly or indirectly apply to your employees or employees of the person or organization, and we reserve our rights or lien to be reimbursed from any recovery funds obtained by any injured employee. 1 ?I.,- - - Authorized Representative or Countersignature (in States Where Applicable) 62897 (6/95) ENDORSEMENT This endorsement, effective 12:01 A.M. 04/01/2021 forms a part of policy No. GL5268336 issued to KPFF, Inc. by National Union Fire Insurance Company of Pittsburgh, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL TO ENTITIES OTHER THAN THE FIRST NAMED INSURED This policy is amended as follows: In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and 1. the cancellation effective date is prior to this policy's expiration date; 2. the First Named Insured is under an existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the "Certificate Holders)") and has provided to the Insurer, either directly or through its broker of record, the email address of a contact at each such entity; and 3. the Insurer received this information after the First Named Insured receives notice of cancellation of this policy and prior to this policy's cancellation effective date, via an electronic spreadsheet that is acceptable to the Insurer, the Insurer will provide advice of cancellation (the "Advice") via e-mail to each such Certificate Holders within 30 days after the First Named Insured provides such information to the Insurer; provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the First Named Insured provides such information to the Insurer. Proof of the Insurer emailing the Advice, using the information provided by the First Named Insured, will serve as proof that the Insurer has fully satisfied its obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy. The following Definitions apply to this endorsement: 1. First Named Insured means the Named Insured shown on the Declarations Page of this policy. 2. Insurer means the insurance company shown in the header on the Declarations page of this policy 107414 (03/11) f Authorized Representative or Countersignature (in States Where Applicable) POLICY NUMBER: GL5268336 COMMERCIAL GENERAL LIABILITY 04/01 /2021 04/01 /2022 CG 20 01 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG 20 01 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER: GL5268336 COMMERCIAL GENERAL LIABILITY CG24041219 04/01/2021 04/01/2022 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or Organization(s): PURSUANT TO APPLICABLE WRITTEN CONTRACT OR AGREEMENT YOU ENTER INTO. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. CG 24 04 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 1 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on inception date of the policy unless a different date is indicated below. This endorsement, effective 12:01 AM 04/01/2021 Issued to KPFF, INC. By NEW HAMPSHIRE INSURANCE COMPANY forms a part of Policy No. wc022298245(Aos) 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. This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION TO WHOM YOU BECOME OBLIGATED TO WAIVE YOUR RIGHTS OF RECOVERY AGAINST, UNDER ANY WRITTEN CONTRACT OR AGREEMENT YOU ENTER INTO PRIOR TO THE OCCURRENCE OF LOSS. The premium charge for the endorsement is INCLUDED This form is not applicable in Kansas for private construction contracts as defined in K.S.A. 16-1801 through K.S.A 16-1807 or public construction contracts as defined in K.S.A. 16-1901 through 16-1908, except where permitted by statute or other applicable law, such as for use in wrap-up insurance programs. Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual. This form is not applicable in California, Kentucky, New Hampshire, New Jersey, Texas, or Utah. WC 00 03 13 (Ed. 04/84) Countersigned by Authorized Representative BUSINESS INFORMATION Business Name: KPFF, INC. UBI Number: 578 063 612 Business Type: WA PROFIT CORPORATION Business Status: ACTIVE Principal Office Street Address: 1601 5TH AVE, STE 1600, SEATTLE, WA, 98101, UNITED STATES Principal Office Mailing Address: 1601 5TH AVE, STE 1300, SEATTLE, WA, 98101, UNITED STATES Expiration Date: 07/31/2022 Jurisdiction: UNITED STATES, WASHINGTON Formation/ Registration Date: 07/26/1963 Period of Duration: PERPETUAL Inactive Date: Nature of Business: PROFESSIONAL, SCIENTIFIC & TECHNICAL SERVICES REGISTERED AGENT INFORMATION Registered Agent Name: REPORTING CENTER MANAGER Street Address: 1601 5TH AVE, STE 1600, SEATTLE, WA, 98101, UNITED STATES Mailing Address: 1601 5TH AVE, STE 1600, SEATTLE, WA, 98101, UNITED STATES GOVERNORS Title Governors Type GOVERNOR INDIVIDUAL GOVERNOR INDIVIDUAL GOVERNOR INDIVIDUAL Entity Name First Name JOHN NIKHIL RICHARD Last Name GAVAN KALGHATGI DAVIS Washington State Department of Revenue < Business Lookup License Information: New search Back to results Entity name: KPFF, INC. Business KPFF CONSULTING ENGINEERS name: Entity type: Profit Corporation UBI #: 578-063-612 Business ID: 001 Location ID: 0001 Location: Active Location address: 1601 5TH AVE STE1300 SEATTLE WA 98101-3601 Mailing address: 1601 5TH AVE STE1300 SEATTLE WA 98101-3601 Excise tax and reseller permit Click here status: Secretary of State status: CVk here Endorsements Page 1 of 2 > Filter Endorsements help License 4 Count Details Bainbridge 43926 Island General Business - Non - Resident Bellingham 029320 General Business Bremerton 29705 General Business - Non -Resident Burien General 13029 Business - Non - Resident DuPont General 5601 Business - Non - Resident Federal Way 63-00001 General Business - Non -Resident Issaquah General Business - Non -Resident Kirkland General 0131_265� Business - Non - Resident v Status Expiratic First issu Active Jul-31-21 Apr-15 Active Oct-06 Active Dec-31-; Nov-01- Active Jul-31-21 Feb-13 Active Jul-31-21 Jul-22-21 Active Jul-31-21 Dec-20-' Active Jul-31-21 Jun-29-2 Active Jul-31-21 Jan-06-2 Endorsements help License 4 Count Details Status Expiratic First issu Lake Stevens Active Jul-31-21 Jul-27-21 General Business - Non -Resident Longview 428936 Active Jul-31-21 Feb-25 General Business - Non -Resident Mercer Island 200433 Active Jul-31-21 May-11- General Business - Non -Resident Mount Vernon Active Jul-31-21 Mar-14-; General Business - Non -Resident i Newcastle 1804 Active Jul-31-21 Mar-05-; General Business - Non -Resident North Bend 020056.0 Active Jul-31-21 Mar-12-; General Business - Non -Resident Olympia General 39335 Active Jul-31-21 Oct-17 Business - Non - Resident M Governing people Title DAVIS, RICHARD GAVAN, JOHN KALGHATGI, NIKHIL Registered Trade Names Registered trade names Status First issued KPFF CONSULTING Active May-23-2000 ENGINEERS View Additional Locations The Business Lookup information is updated nightly. Search date and time: 10/12/2021 3:04:58 PM Contact us How are we doing? Take our survey! Don't see wha;,you expected? Check if your browser is supported u