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AG 22-014 - BCRA, INC.RETURN TO: PW ADMIN EXT: 2700 ID #: 4024 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIY: PUBLIC WORKS / Capital Engineering 2. ORIGINATING STAFF PERSON. Kent Smith EXT: 2753 3. DATE REQ. BY' 12/10/21 3. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT 0 PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL ❑ OTHER 4. PROJECT NAME: Citywide Pedestrian Safety improvements 5. NAME OF CONTRACTOR: BCRA, Inc ADDRESS: 2106 Pacific Ave, Suite 300, Tacoma, WA 98402 TELEPHONE: 253-627-4367 E-MAIL: bdort�bcradesign.com FAX: SIGNATURE NAME: Ben Dort TITLE: Associate Principal 6. EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES 0 COMPENSATION 2r INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS Ef PROOF OF AUTHORITY TO SIGN H REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # BL, EXP. 12/31/ UBI # 601 181 873 , EXP.//_ 7. TERM: COMMENCEMENT DATE: Upon execution COMPLETION DATE: 31-Dec-2022 8. TOTAL COMPENSATION: $ 291,314.12 (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 ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: S. IS SALES TAX OWED: ❑ YES 0 NO IF YES, S PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 306-4400-234-595-30-410 9. DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED 6 PROJECT MANAGER iv22I21 6 DIVISION MANAGER 1112W2021 A DEPUTY DIRECTOR DSW 11/29f21 8 DIRECTOR DSW 12021 ❑ RISK MANAGEMENT (IF APPLICABLE) I LAW DEPT KVA 12/2/2021 10. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: NIA COMMITTEE APPROVAL DATE: NIA SCHEDULED COUNCIL DATE: NIA COUNCIL APPROVAL DATE: NIA 11. CONTRACT SIGNATURE ROUTING `2 3 1 21 DATE REC' D: 1 J1 22 ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDERINOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (INCLUDE DEPT. SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.) INITIAL / DATE SIGNED ❑ FINANCE DEPARTMENT ❑ LAW DEPT /SIGNATORY (MAYOR OR DIRECTOR) g/CITY CLERK �~ 7 Y'G& •❑ AssiG.NE-D AG # AG# — L ❑ SIGNED COPY RETURNED DATE SENT: COMMENTS: FxECUTF " " ORKANALS This is a standard WSDOT form, We cannot change it. 1/2020 Local Agency A &E Professional Services Cost Plus Fixed Pee Consultant Agreement Agreement Number: LA 10218 Firm/Organization Legal Name (do not use dba's): BCRA, Inc Address Federal Aid Number 2106 Pacific Ave, Suite 300; Tacoma, WA 98402 HSIP-OOOS(605) UBI Number Federal TIN or SSN Number 601 181 873 91-1447237 Execution Date Completion Date 12/31 /2023 1099 Form Required Federal Participation ❑i Yes ❑ No ❑i Yes ❑ No Project Title Federal Way Citywide Pedestrian Safety Description of Work BCRA will provide engineering design services as described in this Scope of Services, to the City of Federal Way for the design of pedestrian crossing improvements, including curb ramps, refuge islands, and rectangular rapid flashing beacons (RRFBs) at eight locations throughout the City. Surveying and geotechnical investigations will be completed to support the design work and preparation of documents for NEPA and WSDOT permitting will also be performed. ❑i Yes ❑ No DBE Participation Total Amount Authorized: $278,573.88 ❑I Yes ❑ No MBE Participation Management Reserve Fund: $12,740.24 ❑ Yes ❑I No WBE Participation Maximum Amount Payable: $291,314.12 ❑i Yes ❑ No SBE Participation Index of Exhibits Exhibit A Scope of Work Exhibit B DBE Participation Exhibit C Preparation and Delivery of Electronic Engineering and Other Data Exhibit D Prime Consultant Cost Computations Exhibit E Sub -consultant Cost Computations Exhibit F Title VI Assurances Exhibit G Certification Documents Exhibit H Liability Insurance Increase Exhibit I Alleged Consultant Design Error Procedures Exhibit J Consultant Claim Procedures Agreement Number: LA10218 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 1 of 14 -1 nn ind innnA 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: LA10218 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 2 of 14 r2-..:---I -1^4 innae 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. divers itycompliance.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 (1) certified mail, return receipt requested, or (ii) by email or facsimile, to the address set forth below: If to AGENCY: Name: Kent T. Smith Agency: City of Federal Way Address: 33325 8th Ave S City: Federal Way State: WA Zip: 98003 Email: Kent.Smith@cityoffederalway.com Phone: 253.835.2753 Facsimile: IV. Time for Beginning and Completion If to CONSULTANT: Name: Ben Dort Agency: BCRA, Inc Address: 2106 Pacific Ave; Suite 300 City: Tacoma State: WA Zip: 98402 Email: bdort@bcradesign.com Phone: 253.627.4367 Facsimile: The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT titled "Completion Date." The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the established completion time. Agreement Number: LA10218 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant 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 Il, "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 prime CONSULTANT or any of their A&E sub -consultants shall cause the AGENCY to withhold payment of the billed ICR costs until such time as the required information is received and an overhead rate for billing purposes is approved. The AGENCY's Project Manager and/or the Federal Government may perform an audit of the CONSULTANT'S books and records at any time during regular business hours to determine the actual ICR rate, if they so desire. 3. Direct Non -Salary Costs: Direct Non -Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT. (excluding Meals, which are reimbursed at the per diem rates identified in this section) These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges and fees of sub -consultants. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with WSDOT's Accounting Manual M 13-82, Chapter 10 — Travel Rules and Procedures, and revisions thereto. Air, train, and rental car costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205-46 "Travel Costs." The billing for Direct Non -Salary Costs shall include an itemized listing of the charges directly identifiable with the PROJECT. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. All above charges must be necessary for the services provided under this AGREEMENT. Agreement Number: LA 10218 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 4 of 14 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: LA10218 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 5 of 14 D. Inspection of Cost Records: The CONSULTANT and their sub -consultants shall keep available for inspection by representatives of the AGENCY and the United States, for a period of six (6) years after receipt of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this AGREEMENT is initiated before the expiration of the six (6) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be performed by the State Auditor, WSDOT's Internal Audit Office and/or at the request of the AGENCY's Project Manager. VI. Sub -Contracting The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit "A" attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY and sub -consultant, any contract or any other relationship. Compensation for this sub -consultant SERVICES shall be based on the cost factors shown on Exhibit "E" attached hereto and by this reference made part of this AGREEMENT. The SERVICES of the sub -consultant shall not exceed its maximum amount payable identified in each sub - consultant cost estimate unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, indirect cost rate, direct non -salary costs and fixed fee costs for the sub -consultant shall be negotiated and substantiated in accordance with section V "Payment Provisions" herein and shall be memorialized in a final written acknowledgement between the parties. All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require each sub -consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With respect to sub -consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE's Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT, sub -recipient, or sub -consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the recipient deems appropriate. VII. Employment and Organizational Conflict of Interest The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Agreement Number: LA10218 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 6 of 14 Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly retired employees, without written consent of the public employer of such person if he/she will be working on this AGREEMENT for the CONSULTANT. VIII. Nondiscrimination During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub -consultants, subcontractors and successors in interest, agrees to comply with the following laws and regulations: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. Chapter 21 Subchapter V § 2000d through 2000d-4a) • Federal -aid Highway Act of 1973 (23 U.S.C. Chapter 3 § 324) • Rehabilitation Act of 1973 (29 U.S.C. Chapter 16 Subchapter V § 794) • Age Discrimination Act of 1975 (42 U.S.C. Chapter 76 § 6101 et. seq.) • Civil Rights Restoration Act of 1987 (Public Law 100-259) • American with Disabilities Act of 1990 (42 U.S.C. Chapter 126 § 12101 et. seq.) • 23 CFR Part 200 • 49 CFR Part 21 • 49 CFR Part 26 • RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "F" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "F" in every sub -contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX. Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged and any appropriate fixed fee percentage at the time of termination of this AGREEMENT, plus any direct non -salary costs incurred up to the time of termination of this AGREEMENT. No payment shall be made for any SERVICES completed after ten (10) days following receipt by the CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to Agreement Number: LA 10218 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: LA 10218 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 8 of 14 XII. Legal Relations The CONSULTANT, any sub -consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall defend, indemnify, and hold The State of Washington (STATE) and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the negligence of, or the breach of any obligation under this AGREEMENT by, the CONSULTANT or the CONSULTANT's agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY, their agents, officers, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the STATE and/or the AGENCY may 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: LA10218 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: Kent T. Smith Agency: City of Federal Way Address: 33325 8th Ave S City: Federal Way State: WA Zip: 98003 Email: Kent.Smith@cityoffederalway.com Phone: 253.835.2753 Facsimile: No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT's professional liability to the AGENCY, including that which may arise in reference to section IX "Termination of Agreement" of this AGREEMENT, shall be limited to the accumulative amount of the authorized AGREEMENT amount or one million dollars ($1,000,000.00), whichever is greater, unless the limit of liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT's professional liability to third parties be limited in any way. Agreement Number: LA10218 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 10 of 14 An/AA/nAnA 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: LA10218 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 11 of 14 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: LA10218 Local AgencyA&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 12 of 14 nn/nA/nnnl 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 (`BSI"), 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: LA 10218 Local AgencyABE Professional Services Cost Plus Fixed Fee Consultant Agreement Page 13 of 14 tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or telephone conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original, or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original. For purposes of this AGREEMENT, "ESI" means any and all computer data or electronic recorded media of any kind, including "Native Files", that are stored in any medium from which it can be retrieved and examined, either directly or after translation into a reasonably useable form. ESI may include information and/or documentation stored in various software programs such as: Email, Outlook, Word, Excel, Access, Publisher, PowerPoint, Adobe Acrobat, SQL databases, or any other software or electronic communication programs or databases that the CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones, laptops or any other electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any personal devices used by the CONSULTANT or any sub -consultant at home. "Native files" are a subset of ESI and refer to the electronic format of the application in which such ESI is normally created, viewed, and /or modified. The CONSULTANT shall include this section XX "Records Maintenance" in every subcontract it enters into in relation to this AGREEMENT and bind the sub -consultant to its terms, unless expressly agreed to otherwise in writing by the AGENCY prior to the execution of such subcontract. In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date" box on page one (1) of this AGREEMENT. 0. Si nature Si tore 01/24/2022 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: LA 10218 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 14 of 14 Exhibit A See attached Exhibit A Scope of Work Scope of Work Project No. Agreement Number: LA10218 Exhibit A -Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Page 1 of 1 i) bcra 2106 Pacific Avenue, Suite 300 Tacoma, WA 98402 EXHIBIT A SCOPE OF SERVICES City of Federal Way Citywide Pedestrian Safety Improvements TABLE OF CONTENTS bcradesign.com PROJECTDESCRIPTION.................................................................I...................:........... ......................................... 2 SCOPEOF SERVICES.................................................................................................................................................2 Phase 01— Project Management .............................................. ....... :......................................... ......... .....:............. 2 TaskC1— Project Management........................................................................................................._..__._..........2 Phase02 — Site Investigations........................................................................................................................... ...2 TaskC1— Civil Engineering.................................................................................................................................2 Task XV1— Survey (Lanktree Land Surveying) ........................ :............................................................................... 3 Task XG1— Geotechnical Engineering (HWA Geosciences).......................................................................—.......3 Task XT1— RRFB and Illumination Design (PH Consulting) ....................................... :.............................. :...... :,...4 Phase03 — Public Outreach.....................................................................................................................................5 TaskC1— Public Outreach..................................................................................................................................5 Phase 04 — Environmental Permitting........................................................................................................................5 Task XN1— NEPA Permitting (PH Consulting) ............................................ ......... :............................................... 5 Phase10 — 30% Design............................................................................................................................................5 TaskC1— Civil Engineering.................................................................................................................................5 Task XT1— RRFB and Illumination Design (PH Consulting)...............................................................................6 Phase30 — 85% Design...........................................................................................................................................7 TaskC1— Civil Engineering............................................................... ................................................................... I Task XT1— RRFB and Illumination Design (PH Consulting)...................................................................................8 Phase40 —100% Design..................................................................--...........•...........--.....--...................................8 TaskC1— Civil Engineering................................................................................................•----•.._........................8 Task XT1— RRFB and Illumination Design (PH Consulting).................................................................................9 Phase 45 — Final PS&E and Bidding Support..............................................................................................................9 TaskC1—Civil Engineering.................................................................................................................................9 Task XT1— RRFB and Illumination Design (PH Consulting)...............................................................................10 PROJECTASSUMPTIONS....................................................................................................................................-.10 Citywide Pedestrian Safety Improvements Exhibit A Scope of Services November 4, 2021 Page 1 of 10 bcradesign.com PROJECT DESCRIPTION BCRA will provide engineering design services as described in this Scope of Services, to the City of Federal Way for the design of pedestrian crossing improvements, including curb ramps, refuge islands, and rectangular rapid flashing beacons (RRFBs) at eight locations throughout the City. Surveying and geotechnical investigations will be completed to support the design work and preparation of documents for NEPA Approval and WSDOT permitting will also be performed. SCOPE OF SERVICES Phase 01— Project Management Task C1— Project Management The following activities will be performed: 1. Prepare Project Management Plan (PMP) discussing project goals, risks, communication, and changes. 2. Prepare subconsultant agreements and manage subconsultants. 3. Monitor and control scope, schedule, and budget. 4. Prepare monthly invoices and progress reports. Assumptions: C Project duration will be approximately eighteen months as shown on the project schedule. Deliverables: • Executed contract • Project Management Plan (PMP) • Monthly invoices and progress reports Phase 02 — Site Investigations Task C1—Civil Engineering The following activities will be performed to gather data related to the existing site and prepare initial analyses: 1. Coordinate work of sub -consultants performing site investigations. 2. Visit each project site to observe existing conditions. 3. Perform code study and review background information, including GIS data and previously completed sanitary sewer investigations, to understand project goals, opportunities, and constraints. 4. Contact utility owners to request as -built plans of their existing utilities in the project area and any planned utility work. 5. Coordinate with surveyor to incorporate utility as -built information into the survey for design. Assumptions: • Site visits will be scheduled to occur in one day. • CAD files or GIS data of existing utilities can be provided by the respective utilities at no charge to BCRA. Deliverables: • None Citywide Pedestrian Safety Improvements Exhibit A Scope of Services November 4, 2021 Page 2 of 10 bcradesign.com Task XV1--Survey (La nktree Land Surve in Lanktree Land Surveying will perform the following activities to prepare topographic survey for each site: 1. Contract with private utility locator for location and marking of underground conductible utilities prior to surveying. 2. Survey the topography and observable improvements within the full width of the right-of-way and approximately 5 feet beyond the right-of-way line for approximately 150 feet in each direction from the proposed crossing location. 3. Perform research to determine approximate right-of-way locations. 4. Prepare survey showing: Surface features Locations of paint marks for locatable underground utilities Elevations of overhead power, communication, and traffic signal infrastructure Spot elevations Breaks in grade Contours on a 1-foot interval Assumptions: • Right-of-way will be shown based on readily available County records or information provided by the City of Federal Way. Obtaining title reports for adjacent properties is not included in this scope of services. • Location of non -conductible utilities by means of ground penetrating radar or other technologies is not included in this scope of work. Deliverables: AutoCAD Civil 3D file of survey Task XG1 — GeotechnicaI En ineerin HWA Geosciences The following activities will be performed: 1. Coordinate exploration locations with City. 2. Prepare traffic control/work plan and submit to City of Federal Way for approval. 3. Arrange for utility locates ahead of planned drilling activities. HWA will make an additional site visit to verify if the proposed locations of the borings are clear of utilities prior to mobilizing the drilling equipment. 4. Contract with drilling subcontractor to advance up to 6 drilled boreholes (one at each location) to a depth of up to 25 feet each. Concrete coring is assumed to be required when drilling within the existing sidewalk at each location. 5. Log the boreholes and collect samples for laboratory analysis. 6. Perform engineering analyses related to signal pole foundation design. 7. Prepare draft report presenting the results of the subsurface investigations and design recommendations. 8. Finalize report based on review comments received. Assumptions: • The geotechnical explorations proposed herein will not be used to assess site environmental conditions. However, visual or olfactory observations regarding potential contamination will be noted. Analysis, testing, storage, and handling of potentially contaminated soil and ground water at all Citywide Pedestrian Safety Improvements Exhibit A Scope of Services November 4, 2021 Page 3 of 10 Il'k-.� bcradesign.com geotechnical boring locations (either sampled or spoils from drilling) are beyond this scope of services. If contaminated soils and/or ground water are encountered, the material will be properly contained on -site for disposal as mutually agreed upon without additional cost to HWA. • Cuttings from auger borings will be drummed and hauled off site, provided no evidence of impacted materials is noted. If suspected impacted materials are encountered the cutting will be drummed and placed on a site location designated by the City of Federal Way for their future disposal. • Boreholes will be abandoned with bentonite chips per Ecology requirements. Boreholes drilled through the road surface will be patched with rapid -setting concrete or Aquaphalt (same diameter as borehole). Saw cutting of the pavement or hot mix asphalt patches will not be completed. • Boreholes will not be located within intersections and will not require a uniformed police officer for traffic control at the intersection or flaggers. • No infiltration testing will be required for this project. • Regarding geotechnical borings, 25 foot deep explorations will be sufficient to properly assess site conditions. • No monitoring wells are required for this project and no collection of groundwater elevations other than in borings conducted during the time of our field investigation will be required. • Explorations can be completed in 3 days and will be conducted during normal business hours. • Suitable access to boring locations will be provided for designated drilling dates. • HWA assumes that drilling will occur within sidewalks and that up to 8 concrete cores will be required at the boring locations and will be patched with concrete. • A single report summarizing all eight locations will be prepared. • No cross sections will be generated in the report. • No Pavement design is needed. • No Phase 1 or Phase 2 Environmental Site Assessment will be completed by HWA. • All required street use/sidewalk closure permits will be provided by others at no cost to HWA. • HWA will only need to attend the initial kick off meeting on site. No other meetings associated with the project will be required. • Plan and specifications review are not part of this scope of work. Access to exploration locations will be available at the time of our investigation. • Drilling Cutting are not impacted and can be disposed at a conventional disposal facility without environmental testing. • Adequate information to complete our work can be obtained within the single explorations performed at each site location. o No Hand Augers or DCP testing will be performed on the sites. Deliverables: • Draft and final geotechnical engineering report. Task XT1— RRFB and Illumination Design (PH Consulti The following activities will be performed: 1. Site investigation to verify topo survey elements, document existing sight distance, illumination infrastructure, traffic signs, markings, overhead utilities and other relevant project infrastructure. PH will document any concerns, design constraints, or conflicts observed and report to BCRA for resolution. Citywide Pedestrian Safety Improvements Exhibit A Scope of Services November 4, 2021 Page 4 of 10 bcradesign.com L! Assumptions: ■ City will provide all available relevant as -built information. Deliverables: • Field notes, CAD file mark-ups. Phase 03 — Public Outreach Task C1— Public Outreach To assist the City in keeping the public informed during the planned work the following tasks can be performed depending on need: 1. Prepare exhibits of each location for presentations to the Land Use and Transportation Committee at 30% and 85% design milestones. 2. Prepare a colored plan view rendering and section at one location for use in outreach materials and on the City's website. Assumptions: • The City of Federal Way will lead the public outreach process including being the primary contact for property owners and scheduling meetings and providing notices. BCRA will attend meetings as necessary and support the City with presentation materials. o Design changes resulting from public outreach efforts after 30% design is complete will be limited to minor modifications. Deliverables: • One colored rendering of a single location Phase 04 — Environmental Permitting Task XN1— NEPA Permitting (PH Consulting) The following activities will be performed to complete the NEPA Categorical Exclusion Documentation Form: 1. Prepare project Area of Potential Effect (APE) and coordinate with WSDOT to confirm assumed NEPA requirements. Coordinate with team to complete NEPA Checklist and Documentation. Assumption(s): • Project will be exempt from Air Quality, Section 106, Environmental Justice, Hazardous Materials, Biological Assessments, or any other additional reporting requirements. WSDOT/FHWA comments will not alter the basic conclusion of the documentation or require further alternative studies. • Project is exempt from SEPA. City to provide any required SEPA documentation. Deliverable: • Electronic pdf copy of the Draft/Final NEPA CE documentation will be provided. Phase 10 — 30% Design Task C1— Civil Engineering The following activities will be performed to develop the 30% design and prepare associated documents: 1. Develop crossing designs at each location including: a. Curb ramp and median refuge layout b. Preliminary grading review c. Pavement marking and signage layout Citywide Pedestrian Safety Improvements Exhibit A Scope of Services November 4, 2021 Page 5 of 10 11 - bcradesign.com 2. Prepare 30% design plan set depicting crossing design. Design will be shown on a one plan sheet for each location. 3. Review project impacts against stormwater management thresholds. 4. Evaluate sight distance at each crossing and prepare exhibits of sight distance triangles. S. Prepare engineer's opinion of probable costs for improvements based on 30% design. Costs will be broken out as a separate schedule for each location. 6. Perform quality control review of 30% design documents and revise documents to address comments. 7. Provide plans to utility providers to keep them informed of design progress. 8. Meet with City of Federal Way staff to review 30% design documents. 9. Prepare meeting notes detailing City comments on 30% design. Assumptions: • Duration of 30% design phase will be 8 weeks as shown on project schedule. • Crossing designs will be similar to the exhibits included in the 2020 City Safety Program Application for Funding. Deliverables: • 30% Design Plans • 30% OPC • Sight distance exhibits • Notes from 30% design review meeting Task xTI—RRFB and Illumination Design (PH Consulting) The following activities will be performed to develop 30% RRFB design documents: 1. Coordinate with BCRA and City to develop preferred RRFB layout, pedestrian push button location, and review BCRA channelization and signage plans. 2. Perform Photometric Analysis of proposed crossing locations under existing conditions. Where necessary to meet target lighting levels additional street lighting will be proposed. 3. Preparation of 30% Traffic Design Memorandum including documentation of RRFB and Illumination related design decisions. 4. Evaluate Utility Coordination Needs a. Nearby electrical service locations will be identified for potential service to project equipment. b. Identify potential overhead/underground conflicts and potential utility pole relocation needs. 5. Prepare 30% RRFB and Illumination Improvements Plans including; a. RRFB layout, junction box, and conduit schematic. b. Illumination Layout. c. Project Details, Schedules, Tables. 6. Prepare 30% Agency, WSDOT, and Project Special Provision Outline for RRFB and Illumination scope. (Division 8-20 & 9-29) 7. Prepare 30% Opinion of Probable Costs for RRFB and Illumination work. 8. Attend meeting with City of Federal Way staff to review 30% design. 9. Prepare Public Interest Finding (PIF) documentation for sole -sourced project equipment. Assumptions: • Pol%quipment schedules/tables will be provided but not completed with 30% submittal_ ® Wire diagrams (if needed) will not be included in 30% submittal. • City will provide/approve proposed photometric design requirements. Citywide Pedestrian Safety Improvements Exhibit A Scope of Services November 4, 2021 Page 6 of 10 bcradesign.com • City will provide equipment list/ cut sheet for desired sole source materials. Deliverables: • Traffic Design Memorandum, Including Photometric Analysis • 30% RRFB and Illumination Design Plans • 30% Opinion of Probable Costs • Public Interest Finding Documentation Phase 30 — 85% Design Task C1— Civil Engineeriin The following activities will be performed to advance the design to an 85% level: 1. Update design based on City of Federal Way comments on the 30% design documents and prepare memo detailing how comments were addressed. 2. Perform detailed curb ramp and median island grading. 3. Prepare 85% design plans including: a. Cover Sheet b. Legends and Abbreviations Sheet c. Alignment and Survey Control Plan d. Site Preparation Plans e. Paving and Grading Plans f. Pavement Marking and Signage Plans g. Construction Details h. Standard Traffic Control Plans 4. Prepare 85% Special Provisions for the project. 5. Update engineer's opinion of probable costs for improvements based on 85% design. 6. Update sight distance exhibits based on 85% design. 7. Prepare a Summary of Design for the crossing on SR 509 for submittal to WSDOT for channelization plan approval. 8. Perform quality control review of 85% design documents and revise documents to address comments. 9. Provide plans to utility providers to keep them informed of design progress. 10. Meet with City of Federal Way staff to review 85% design documents. 11. Prepare meeting notes detailing City comments on 90% design. 12. Coordinate with City staff for submittal of 85% design documents to WSDOT for review. Assumptions: • Duration of 85% Design phase will be 8 weeks as shown on project schedule. • Traffic control plans will be based on WSDOT Standard Plans and will not require detours. • The City will provide a template for the Special Provisions and will prepare the front end (legal documents/bidding requirements) of the specifications. • The crossing at SR 509 (location 2) is the only site that will require channelization plan approval from WSDOT. • Comments will not change design substantially from the layouts shown on the 30% design. Deliverables: • 30% comment response memo • 85% design plans • 85% specifications • 85% OPC Citywide Pedestrian Safety Improvements Exhibit A Scope of Services November 4, 2021 Page 7 of 10 flI bcradesign.com • Updated sight distance exhibits • Notes from 85% design review meeting ■ WSDOT Submittal 0 85% design plans 0 85% specifications Task XT1— RRFB and Illumination Design (PH Consulting) The following activities will be performed to develop 85% RRFB and Illumination design documents: 1. Update design based on City of Federal Way comments on the 30% design documents and contribute to memo detailing how comments were addressed. 2. Prepare 85% RRFB and Illumination Improvements Plans including; a. RRFB and Illumination layout, junction box, and conduit schematic. b. Project Details, Schedules, Tables. c. Wiring Diagrams and Breaker Schedule (if needed) 3. Prepare 85% Special Provisions for RRFB and Illumination scope. 4. Prepare 85% Opinion of Probable Costs for RRFB and Illumination scope. 5. Complete "Unsigned" WSDOT Signal Permit document for SR 509 Crossing location. 6. Attend meeting with City of Federal Way staff to review 85% design. Assumptions: • The crossing at SR 509 (location 2) is the only site that will require a signal permit from WSDOT for the RRFB system. Deliverables: • 30% Comment Response memo • 85% RRFB and Illumination Design Plans • 85% Special Provisions (Division 8-20 & 9-29) • 85% Opinion of Probable Costs for RRFB and Illumination systems • Unsigned WSDOT signal permit application Phase 40 — 100% Design Task C1 — Civil En ineerin The following activities will be performed to advance the design to a 100% level and prepare final documents for bid advertisement: 1. Update design based on City of Federal Way and WSDOT comments on the 85% design documents and prepare memo detailing how comments were addressed. 2. Prepare 100% plans based on updated design. 3. Prepare 100% specification package for the project based on comments received on 85% documents. 4. Update engineer's opinion of probable costs for improvements based on 100% design. 5. Perform quality control review of 100% design and revise documents to address comments. 6. Provide plans to utility providers to keep them informed of design progress. 7. Submit 100% documents to City of Federal Way for final review. Assumptions: • Duration of 100% Design phase will be 4 weeks as shown on the project schedule. • Comments will not change design substantially from the layouts shown on the 85% design. Citywide Pedestrian Safety Improvements Exhibit A Scope of Services November 4, 2021 Page 8 of 10 Deliverables: • 85% comment response memo • 100% design plans • 100% specifications 100% OPC • Final PS&E for advertisement • AutoCAD design files for City's records Task XT1— RRFB and Illumination_ Design (PH Consulting)_ The following activities will be performed to develop 100% RRFB design documents: 1. Update design based on City of Federal Way comments on the 85% design documents and contribute to memo detailing how comments were addressed. 2. Prepare 100% RRFB and Illumination Improvements Plans including; a. RRFB and Illumination layout, junction box, and conduit schematic. b. Project Details, Schedules, Tables. c. Wiring Diagrams and Breaker Schedules (if needed) 3. Prepare 100% Special Provisions for RRFB and Illumination scope. 4. Prepare 100% Opinion of Probable Costs for RRFB and Illumination scope. Assumptions: • None Deliverables: n 100% RRFB Design Plans • 100% Special Provisions (Division 8-20 & 9-29) • 100% Opinion of Probable Costs for RRFB systems Phase 45 — Final PS&E and Bidding Support Task C1— Civil Engineering The following activities will be performed to prepare final documents for bid advertisement and support the City during the bidding period: 1. Update documents based on City comments and prepare final plans, specifications, and estimate for bid advertisement. 2. Compile AutoCAD Civil 3D design files and transmit to the City. 3. Provide responses to design questions as needed during the bidding period. Assumptions: • Duration of Final PS&E phase will be 3 weeks as shown on the project schedule. • Comments will not change documents substantially from the 100% design. • The City will be the primary point of contact during bidding and will prepare addendum with the support of BCRA as needed. Deliverables: • Final PS&E for advertisement • AutoCAD design files for City's records Citywide Pedestrian Safety Improvements Exhibit A Scope of Services November 4, 2021 Page 9 of 10 0Ybcradesign.com Task XT1— RRFB and Illumination Design (PH Consulting) The following activities will be performed to prepare final RRFB design documents for bid advertisement: 1. Update documents based on City comments and prepare final plans, specifications, and estimate for bid advertisement. Assumptions: • None Deliverables: • Final PS&E for the RRFB & Illumination systems for advertisement PROJECT ASSUMPTIONS 1. Bidding and construction phase services, if needed, will be added as an additional service or performed under a new contract and are not a part of this Scope of Services. 2. Right-of-way verification or acquisition will not be required. 3. The project will be designed in accordance with the 2014 Stormwater Management Manual for Western Washington (SWMMWW) and City of Federal Way Development Standards. 4. Work will not exceed thresholds requiring stormwater management and will not impact storm drainage or utility facilities beyond adjustment of rims to finished grade. 5. Preparation of the Stormwater Pollution Prevention Plan (SWPPP) will be done by the contractor at time of construction and is not included in this Scope of Work. The Special Provisions and OPC will reflect this. 6. RRFBs will be solar powered and not require electrical services. Design of transformers or other improvements to the electrical infrastructure is not included in this Scope of Service. 7. Locations of proposed pedestrian crossings have been pre -selected by City. 8. All deliverables will be sent to the client via electronic file exchange. Printing and delivery of hard copies will be billed as reimbursable expenses. Estimated printing expenses are based on quantities of copies listed in Scope of Services. 9. Scope is based on the durations noted under each phase. Additional fees may be necessary if project extends beyond those durations. 10. No utility relocation will be required for the proposed improvements and therefore no utility relocation coordination is assumed in this scope. Citywide Pedestrian Safety Improvements Exhibit A Scope of Services November 4, 2021 Page 10 of 10 Exhibit B DBE Participation In the absence of a mandatory UDBE, a voluntary SBE goal amount of ten percent of the Consultant Agreement is established. The Consultant shall submit a SBE Participation Plan prior to commencing work. Although the goal is voluntary, the outreach efforts to provide SBE maximum practicable opportunities are not. See attached Exhibit B SBE Participation Plan. Agreement Number: LA10218 Exhibit B - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02101/2021 Page 1 of 1 b bcra 2106 Pacific Avenue, Suite 300 Tacoma. WA 98402 EXHIBIT B SMALL BUSINESS ENTERPRISE (SBE) PARTICIPATION PLAN City of Federal Way Citywide Pedestrian Safety Improvements bcradesign.com History BCRA's MWBE Inclusion Plan was established in 1999 to reflect and augment our diversity in a way that brings greater perspectives and holistic solutions to our team and our clients. We have developed a robust network and database of subconsultant partners who are self -designated, state - designated, and city -designated diverse businesses, including minority -owned, woman -owned, veteran -owned, and small business enterprises. Many of these partners were referred to us by subconsultants or clients. Oftentimes a client or agency knows which diverse businesses are a good fit for them, and we welcome these introductions. Outreach Efforts Our ongoing efforts to identify MWBE subconsultants include small business trade associations, and networking events with professional business associations. We see industry organizations and events, including APWA, A4LE, WRPA, NAIOP, DBIA, CREW, and ULI, among others as a way to connect with current and future diverse business partners. Additionally, we participate in outreach events hosted by King County, Pierce County, the State of Washington and others. BCRA's Business Development Director, Gareth Roe, is our firm's representative for WMBE recruitment and inclusion and continually reaches out to WMBE firms in the region to determine how we can partner, mentor, and team in advance of a potential project. To make sure the diverse business partnership is meaningful and authentic, we propose team members whose services are fundamental to executing the vision and goals while still adding a unique quality/perspective. Tracking/Maintenance of Plan Key staff at BCRA stay informed and connected to diverse businesses and prevailing issues surrounding inclusion through several avenues. We have staff who are active members of WTS, Women in Transportation Seminar, which is an inclusion organization for public works entities. We are also members of the Diversity and Inclusion Roundtable initiated by WSP, which focuses on social equity, diversity, and inclusion initiatives for public projects. Citywide Pedestrian Safety Improvements Exhibit B SBE Participation Plan November 11, 2021 Page 1 of 2 b bcra 2106 Pacific Avenue, Suite 300 Tacoma. WA 98402 bcradesign.com Project -Specific Inclusion Plan The Citywide Pedestrian Safety Improvements project has a voluntary SBE goal of 10%. The table below shows the participation of SBE-certified subconsultants as checked on the Washington State CMWBE's Directory of Certified Firms. Expected SBE participation on the project is 54%. Firm PH Consulting HWA Geosciences Lanktree Land Survevine. Inc. Total SBE participation: $158,658 Total Contract amount: $291,314 SBE participation: 54% Certifications Fee Estimate DBE, MBE, SBE $65,072 DBE, MWBE, SBE $52,004 SBE $41,582 Citywide Pedestrian Safety Improvements Exhibit B November 11, 2021 SBE Participation Plan Page 2 of 2 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 Civil 3D 2020 B. Roadway Design Files AutoCAD Civil 3D 2020 C. Computer Aided Drafting Files AutoCAD Civil 3D 2020 Agreement Number: LA10218 Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Page 1 of 4 D. Specify the Agency's Right to Review Product with the Consultant Agency may request to come to the consultants office to review electronic work product in process. E. Specify the Electronic Deliverables to Be Provided to the Agency PDF files of drawings, specifications, estimates, and reports. CAD base files for design information. F. Specify What Agency Furnished Services and Information Is to Be Provided GIS or AutoCAD information for existing storm drainage and sanitary sewer infrastructure in vicinity of project. Agreement Number: LA 10218 Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Page 2 of 4 II. Any Other Electronic Files to Be Provided N/A III. Methods to Electronically Exchange Data E-mail and Newforma InfoExchange Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Page 3 of 4 A. Agency Software Suite AutoCAD Civil3D B. Electronic Messaging System N/A C. File Transfers Format PDF, .xls, .doc, and .dwg Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Page 4 of 4 Exhibit D Prime Consultant Cost Computations See attached Exhibit D Prime Consultant Cost Computations. Agreement Number: LA 10218 Exhibit D - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02101/2021 Page 1 of 1 bcra 2rr3a ar,.:i.•_ x•7�tr_+e,Sul7 ono ... i fir, ,T, "VA S4M40 Staff Initials Direct Labor Cost (DLC) EXHIBIT D Prime Consultant Cost Computations Federal Way Citywide Pedestrian Safety Project No.: 21027.00.00 Date of Estimate: 11/04/21 Prepared By: ACC/JBD Y N •� � C co d toC V d V M N 2-W C W CA �' Y r o. c a a W N C H N ` 61 tj C H Oo a a` u U U 3 ac a� LO BD AC BH KS RB ES BB SW SC $ 63.46 $ 45.79 $ 38.44 $ 29.33 $ 33.66 $ 39.90 $ 25.33 $ 28.19 $ 33.56 01 Project Management 12 35 2 0 0 0 0 6 6 61 $ 2,811.55 Indirect Cost 200.43% $ 5,635.19 Fixed Fee 30.00% $ 843.47 Phase 01 Total $ 9,290.20 02 Site Investigation 2 12 22 8 2 0 0 0 1 0 46 $ 1,824.04 Indirect Cost 200.43% $ 3,655.92 Fixed Fee 30.00% $ 547.21 Phase 02 Total $ 6,027.19 03 Public Outreach 2 8 14 0 24 12 12 0 1 0 72 $ 2,622.00 Indirect Cost 200.43% $ 5,255.27 Fixed Fee 30.00% $ 786.60 Phase 03 Total $ 8,663.87 04 Environmental Permitting 0 4 0 0 0 0 0 0 1 0 4 $ 183.16 Indirect Cost 200.43% $ 367.11 Fixed Fee 30.00% $ 54.95_ Phase 04Total $ 605.22 10 30% Design 15 38 65 62 46 0 0 0 1 0 226 $ 8,557.34 Indirect Cost 200.43% $ 17,151.48 Fixed Fee 30.00% $ 2,567.20 Phase 10 Total $ 28,276.02 30 85% Design 18 49 115 92 101 0 0 0 1 0 375 $ 13,904.61 Indirect Cost 200.43% $ 27,869.01 Fixed Fee 30.00% $ 4,171.38 Phase 30 Total $ 45,945.00 40 100% Design 8 14 42 28 31 0 0 0 1 0 123 $ 4,627.92 Indirect Cost 200.43% $ 9,275.74 Fixed Fee 30.00% $ 1,388.38 Phase 40 Total $ 15,292.04 45 Final PS&E and Bidding Support 3 7 12 10 12 0 0 0 0 44 $ 1,669.41 200.43% $ 3,346.00 30.00% $ 500.82 $ 5,516.23 Total Hours 60 167 272 200 216 12 12 6 6 951 DIRECT EXPENSES: Category Direct Expense Mileage Is 150.00 Printing $ 150.00 SURCONSULTANTS: Firm Direct Salary Cost Direct Expenses Lanktree Land Surveying $ 35,243.12 $ 6,339.00 HWA Geoscience Geotechnical Engineer $ 34,930.00 $ 17,074.00 PH Consulting -Transportation Engineer $ 65,016.00 $ 56.00 TOTALS: Prime Consultant Direct Labor Cost $ 36,200.03 Prime Consultant Indirect Cost $ 72,555.72 Prime Consultant Fixed Fee $ 10,860.01 Prime Consultant Direct Salary Cost $ 119,615.76 Subconsultant Direct Salary Cost $ 135,189.12 Prime Consultant Direct Expenses $ 300.00 Subconsultant Direct Expenses $ 23,469.00 5% Management Reserve $ 12,740.24 TOTAL FEE ESTIMATE $ 291,314.12 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 Sub -Consultant Cost Computations for Lanktree Land Surveying, Inc., HWA Geosciences, Inc., and PH Consulting. Agreement Number: LA 10218 Exhibit E - Local Agency ACE Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Page 1 of 1 EXHIBIT E Sub -Consultant Cost Computations FW Citywide Ped Saftety Project No.: 21027.00.00 Date of Estimate: 8/24/2021 Prepared By: TL 02 Project Management 0 0 0 0 0 0 $0.00 Indirect Cost 146.20% $0.00 Fixed Fee 30.00% $0.00 Phase 02 Total $0.00 02 Site Investigation Task XV1- Survey 54 70 70 70 9 1 273 $12,760.00 Indirect Cost 146.20% $18,655.12 Fixed Fee 30.00% $3,828.00 Phase 02 Total $35,243.12 03 Public Outreach 0 0 0 0 0 1 0 $0.00 Indirect Cost 146.20% $0.00 Fixed Fee 30.00% $0.00 Phase 03 Total $0.00 04 Environmental Permitting 0 0 0 0 0 1 0 $0.00 Indirect Cost 146.20% $0.00 Fixed Fee 30.00% $0.00 Phase 04 Total $0.00 30 30% Design 0 0 0 0 0 1 0 $0.00 Indirect Cost 146.20% $0.00 Fixed Fee 30.00% $0.00 Phase 10 Total $0.00 30 85% Design 0 0 0 0 0 1 0 $0.00 Indirect Cost 146.20% $0.00 Fixed Fee 30.00% $0.00 Phase 30 Total $0.00 40 100% Design 0 0 0 0 0 1 0 $0.00 Indirect Cost 146.20% $0.00 Fixed Fee 30.00% $0.00 Phase 40 Total $0.00 45 Final PS&E and Bidding Support 0 0 0 0 0 0 $0.00 Indirect Cost 146.20% $0.00 Fixed Fee 30.00% $0.00 Phase 45 Total $0.00 Total Hoursl 54 1 70 1 70 70 9 0 1 0 273 TOTALS: Total Sub -Consultant $35,243.12 Total Reimbursable Expenses $6,339.00 TOTAL FEE ESTIMATE $41,582.12 � E eIE/l7/5{/2;c „ ocm,2.c��! \\ (!e [2 ){\ r}E{/ }!■�1 ET , 7 - _ �- \)(jj i `f i!; § z ƒ = j)\ EL Er eye(\ EL City of Federal Way Exhibit E Project 21-005 Consultant Fee Determination - Fee Summary Citywide Pedestrian Safety Improvements PH Consulting Staff Category Hours Rate Cost Principal 0 $ 85.00 $ - Senior Project Manager 84 $ 75.00 $ 6,300.00 Senior Traffic Engineer 132 $ 65.00 $ 8,580.00 Project Engineer 52 $ 55.00 $ 2,860.00 CAD Designer II 186 $ 45.00 $ 8,370.00 Engineering Intern II 20 $ 25.00 $ 500.00 Office Administrator 12 $ 40.00 $ 480.00 Total Hours 486 $ 27,090.00 Direct Labor Cost $ 27,090.00 Overhead Rate @ 110% of Direct Labor $ 29,799.00 Fee @30% of Direct Labor $ 8,127.00 Direct Salary Cost $ 65,016.00 Direct Expenses Unit Cost Total Traffic Counts (TMC) 0 0 $ ADT 0 0 $ Reproduction Costs $ Reprographics 0 0 $ Parking/Tolls 0 0 $ 2021 Mileage Rates 100 $0.56/Mi $ 56.00 Sub -Total Direct Expenses $ 56.00 Fee Estimate $ 65,016.00 Total Fee $ 65,072.00 8/25/2021 JPH CONSULTING Balanced Transportation Solutions 1 City of Federal Way Exhibit E Project 21-005 Consultant Fee Determination - Task Budget Detail Citywide Pedestrian Safety Improvements Task No. Task Description Senior Project Manager Senior Traffic neer Project Engineer CAD Designer II Engineering Intern II Office Admin (Phase 02 Site Investigations Task XT1 RRFB & Illumination Design Coordination 4 4 2 Plan Sheet Set- u 4 Field Review Sites 1-8 12 12 CAD File Markup 2 4 8 Phase 2 Total Hours 18 20 0 12 0 2 Subtotal Phase 2 $ 3,240.00 $ 3,120.00 $ $ 1,29600 $ $ 192.00 Phase 04 lEnvironmental Permitting Task XN1 NEPA Permittin Agency Coordination WSDOT/FHWA) 4 2 Section 106 (APE) 4 8 8 NEPA (CE) 12 16 Phase 4 Total Hours 20 0 24 8 0 2 Subtotal Phase 4 $ 3,600.00 $ - $ 3,168,00 $ 86400 $ $ 19200 Phase 10 30 % Desi n Task XT1 RRFB & Illumination Design Project Coordination 4 4 2 Photometric Analysis 4 2 16 Illumination Design 4 4 16 RRFB Plan Layout 4 8 32 RRFB Details. Schedules, Tables 2 4 Specials Provision Outline (8-20.9-29) 2 4 Preliminary Engineers Estimate 2 4 4 4 Technical Memo 2 4 1 4 30 % Review Meeting 2 2 Phase 10 Total Hours 20 34 24 56 4 2 Subtotal Phase 10 $ 3.600-00 $ 5,304.00 $ 3,16&00 $ 6,048.00 $ 240.00 $ 19200 Phase 30 85 % Design Task XT1 RRFB & Illumination Design Project Coordination 4 4 2 Illumination Design 2 4 16 RRFB Plan Layout 2 16 40 RRFB Details, Schedules, Tables 2 8 24 8 85 % Specials Provisions (8-20,9-29) 4 12 85 % Engineers Estimate 2 8 8 4 WSDOT Signal Permit 2 4 85 % Review Meetino 2 2 Phase 30 Total Hours 18 56 4 88 12 2 Subtotal Phase 30 $ 3,24000 $ 8,73600 $ 528 00 $ 9,504.00 $ 720.00 $ 19200 Phase40 100%Desi n Task XT1 RRFB & Illumination Design Project Coordination 2 2 1 1 Illumination Design 2 4 RRFB Plan Layout 2 8 RRFB Details, Schedules, Tables 2 4 2 100% Specials Provisions (8-20,9-29) 1 4 1 100% Engineers Estimate 1 2 2 2 Phase 40 Total Hours 4 14 0 18 4 2 Subtotal Phase 40 $ 720.00 $ 2,184.00 $ $ 1.944.00 $ 240.00 $ 192-00 (Phase 45 IFinal PS&E & Bidding Support Task XT1 iRRFB & Illumination Design Final PS&E 2 4 2 1 Bidder Questions & Addendum 2 4 2 1 Phase 45 Total Hours 4 8 0 4 0 2 Subtotal Phase 45 $ 720.00 $ 1,248.00 $ $ 43200 $ $ 19200 PH TOTAL HOURS 84 132 52 186 20 12 PH CONSULTING 8/25/2021 Balar7oed 7ranoportation Solutions City of Federal Way Exhibit E Project 21-005 Consultant Fee Determination - ANTE Rates Table Citywide Pedestrian Safety Improvements PH Consulting LLC Summary of Direct Labor Costs Effective January 1, 2021-December 31, 2021 Maximum Safe Harbor Fixed Fee Maximum Billing Job Classifications Direct Labor Overhead 30% Rate Rate 110% Quality Manager $ 90.00 $ 99.00 $ 27.00 $ 216.00 Principal $ 85.00 $ 93.50 $ 25.50 $ 204.00 Sr Project Manager $ 75.00 $ 82.50 $ 22.50 $ 180.00 Project Manager $ 70.00 $ 77.00 $ 21.00 $ 168.00 Senior Traffic Engineer $ 65.00 $ 71.50 $ 19.50 $ 156.00 Project Engineer $ 55.00 $ 60.50 $ 16.50 $ 132.00 Associate Engineer $ 40.00 $ 44.00 $ 12.00 $ 96.00 Assistant Transportation Engineer $ 35.00 $ 38.50 $ 10.50 $ 84.00 Senior Construction Manager $ 60.00 $ 66.00 $ 18.00 $ 144.00 Construction Manager $ 50.00 $ 55.00 $ 15.00 $ 120.00 Construction Inspector $ 40.00 $ 44.00 $ 12.00 $ 96.00 Engineering Intern II $ 25.00 $ 27.50 $ 7.50 $ 60.00 Engineering Intern 1 $ 20.00 $ 22.00 $ 6.00 $ 48.00 CAD Designer III $ 50.00 $ 55.00 $ 15.00 $ 120.00 CAD Designer II $ 45.00 $ 49.50 $ 13.50 $ 108.00 CAD Designer 1 $ 35.00 $ 38.50 $ 10.50 $ 84.00 CAD Technician II $ 30.00 $ 33.00 $ 9.00 $ 72.00 CAD Technician 1 $ 25.00 $ 27.50 $ 7.50 $ 60.00 Marketing Lead $ 40.00 $ 44.00 $ 12.00 $ 96.00 Office Administrator $ 40.00 $ 44.00 $ 12.00 $ 96.00 Office Assistant $ 30.00 $ 33.00 $ 9.00 $ 72.00 Direct non -salary costs will be billed at actual costs. Direct Mileage will be billed at current approved IRS mileage rate. PH CONSUL[ING 8/25/2021 Balanced Transportation Soluborm 3 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: 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.] 3. 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. 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 Plus Fixed Fee Consultant Agreement Revised 0210112021 LA10218 Agreement Number Exhibit F - Title Vl 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). LA10218 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0210112021 Exhibit G Certification Documents Exhibit G-1(a) Certification of Consultant Exhibit G-1(b) Certification of 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 Exhibit G-4 Certificate of Current Cost or Pricing Data Agreement Number: LA 10218 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 BCRA, Inc. whose address is 2106 Pacific Ave, Suite 300; Tacoma, WA 98402 and that neither the above firm nor I have: a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure this AGREEMENT; b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any); I acknowledge that this certificate is to be furnished to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. BCRA, Inc Consultant (Firm Name) n , ;7 Si ature (Authorized Official of Consultant) 01 /24/2022 Date Agreement Number: LA10218 Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Exhibit G-1(b) Certification of Agency I hereby certify that I am the: a MC4.yo'r ❑ Other of the City of Federal Way , and BCRA, Inc or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: a) Employ or retain, or agree to employ to retain, any firm or person; or b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): I acknowledge that this certificate is to be furnished to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Sig e � ate-. Date Agreement Number: LA10218 Exhibit G -Local Agency A &E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/0112021 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. BCRA, Inc Consultant (Firm Name) Sig�ature ((Authorized Official of Consultant) 01/24/2022 Date Agreement Number: LA10218 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. B CRA, Inc Consultant (Firm Name) 1`' ' h_ — Signature (Authorized Official of Consultant) 01 /24/2022 Date Agreement Number: LA 10218 Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 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 Federal Way Ped. Safety Improvements * are accurate, complete, and current as of November 4, 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: BCRA, Inc �1�— Sicfnature Date of Execution***: Principal Title *Identify the proposal, quotation, request for pricing adjustment, or other submission involved, giving the appropriate identifying number (e.g. project title.) **Insert the day, month, and year, when price negotiations were concluded and price AGREEMENT was reached. ***Insert the day, month, and year, of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. Agreement Number: LA10218 Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02101/2021 Exhibit H Liability Insurance Increase To Be Used Only If Insurance Requirements Are Increased The professional liability limit of the CONSULTANT to the AGENCY identified in Section 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: LA 10218 Exhibit H - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02101/2021 Page 1 of 1 Exhibit I Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1 Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs, records of labor, materials and equipment. Step 3 Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manager and any personnel (including sub -consultants) deemed appropriate for the alleged design error(s) issue. Step 4 Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultant's alleged design error(s), there are three possible scenarios: It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place. The agency is to provide LP, through the Region Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements. No further action is required. • There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. Agreement Number: LA10218 Exhibit I - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Pagel of 2 Step 5 Forward Documents to Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary, LP will request assistance from the Attorney General's Office for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement. • If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. LP, in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue. • If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or by litigation. Agreement Number: LA10218 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: LA10218 Exhibit J - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02101/2021 Page 1 of 2 Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • Agency's summation of hours by classification for each firm that should be included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; • Explanation regarding those areas in which the Agency does/does not agree with the consultant's claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s); and • Recommendations to resolve the claim. Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5 Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim(s) and rationale utilized for the decision. Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. Agreement Number: LA 10218 Exhibit J - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Page 2 of 2 Client#: 326112 BCRA DATE (MM/DD/YYYY) ACORD. CERTIFICATE OF LIABILITY INSURANCE 1/27/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: please See Below: USI Insurance Services NW CL A/Cr PHONE, Ext : 206 441-6300 IVC, No): 610-362-8530 601 Union Street, Suite 1000 ADDRESS: Seattle.PLCertRequest@usi.com Seattle, WA 98101 INSURERS) AFFORDING COVERAGE NAIC # INSURED BCRA, Inc. 2106 Pacific Avenue, Suite 300 Tacoma, WA 98402 INSURER A : Travelers Indemnity Company 25658 INSURER B : Travelers Property Cas. Co. of America 25674 INSURER C : XL Specialty Insurance Company 37885 INSURER D : Travelers Casualty Ins Co of America _ 119046 INSURER E : I rnVFaAnl=Q rFRTIFIrATF NIIMRFR- REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY 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. INSR LTRTYPE OF INSURANCE ADDUB POLICY NUMBER MWDD� MMIDD CYEXP LIMITS A X COMMERCIAL GENERAL LIABILITY X X 6803S7699452147 D6/30/2021 06/30/2022 EACH OCCURRENCE s2,000,000 CLAIMS -MADE � OCCUR PREMISS ERa ence $1 000 000 MED EXP (Any oneperson) $ 10 000 PERSONAL & ADV INJURY s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s4,000,000 PRO - POLICY ECT ❑ LOG FOTHER: PRODUCTS - COMP/OP AGG $4 000,OOO $ X D AUTOMOBILE LIABILITY X BA3S7705632147G D6/30/2021 06/30/2022 $1,000 000 BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) $ OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY X AUTOS ONLY X PROPERTY OAMAt3E Per acciderae $ $ B X UMBRELLA LIAB X OCCUR X X CUP3S7708152147 D6/30/2021 06/30/202 • EACH OCCURRENCE $fi 000.000 AGGREGATE $6 00 000 EXCESS LIAB CLAIMS -MADE (Follow Form) DED I X RETENTION $10 000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY QFFICEOPRIEH R E?[�Ci.INJEEF?JEED? ECUTIVE - (Mandatory In NHI NIA X UBOR0920362147G (Intl. WA Stop Gap) D6/30/2021 06/30/2022 PER OTH- X I EL. EACH ACCIDENT $1 00O 000 E.L. DISEASE - EA EMPLOYEE $1 000 000 E.L. DISEASE - POLICY LIMIT $1,000 000 If yes, describe under DESCRIPTION OF OPERATIONS below C Professional X DPR9980000 )6/30/2021 06/30/2022 $5,000,000 per claim Liability $5,000,000 annl aggr. Incl. Pollution DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) RE: Project #R21027, FW Citywide Ped Safety, Federal Way. The General Liability and Automobile Liability policies include an automatic Additional Insured endorsement that provides Additional Insured status to the City of Federal Way, State of Washington, their officers, employees and agents, only when there is a written contract that requires such status, and only with regard to work performed by or on behalf of the named insured. The General Liability and Automobile (See Attached Descriptions) r.Ff2TIFIr-ATF Hnl nFr? CANCELLATION City 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. S. ACCORDANCE WITH THE POLICY PROVISIONS. Federal Way, WA 98003 AUTHORIZED REPRESENTATIVE Q'-_a . ley, ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S34796956/M32503998 SXAZR DESCRIPTIONS (Continued from Page 1) 1 Liability policies contain a special endorsement with Primary and Noncontributory wording, when required by written contract. The General Liability, Automobile Liability and Workers Compensation policies provides a Waiver of Subrogation when required by written contract. The General Liability, Automobile Liability and Workers Compensation policies includes an endorsement providing that 30 days notice of cancellation will be given to the Certificate Holder by the Insurance Carrier. The Umbrella Liability policy follows form of underlying liability. SAGITTA 25.3 (2016/03) 2 of 2 #S34796956/M 32503998 POLICY NUMBER: 680-3S769945-21-47 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAMES OF ADDITIONAL INSURED PERSON(S) OR ORGAN IZATION(S): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part, provided that such written contract was signed by you before, and is in effect when, the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. LOCATION OF COVERED OPERATIONS: Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies. (INFORMATION REQUIRED TO COMPLETE THIS SCHEDULE, IF NOT SHOWN ABOVE, WILL BE SHOWN IN THE DECLARATIONS.) 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", "PROPERTY DAMAGE", PERSONAL INJURY OR "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. B. WITH RESPECT TO THE INSURANCE AFFORDED TO THESE ADDITIONAL INSURED, THE FOLLOWING ADDITIONAL EXCLUSIONS APPLY: This insurance does not apply to "bodily injury" or "property damage" occurring, or "personal injury" or "advertising injury" arising out of an offense committed, 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 T8 01 06 21 DATE OF ISSUE: 06/24/2021 Page 1 of 2 POLICY NUMBER: 680-3S769945 COMMERCIAL GENERAL LIABILITY CG D3 6103 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. CG T8 01 06 21 DATE OF ISSUE: 06/24/2021 Page 2 of 2 POLICY: BA-3S770563-21-47-G COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE in the BUSINESS AUTO COVERAGE FORM and Paragraph e. in A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE in the MOTOR CARRIER COVERAGE FORM, whichever Coverage Form is part of your policy: This includes any person or organization who you are required under a written contract or agreement between you and that person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to name as an additional insured for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent of that person's or organization's liability for the conduct of another "insured". CA T4 37 02 16 © 2016 The Travelers Indemnity Company. All rights reserved . Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. POLICY: 680-3S769945-21-47 PNC.SepOflnsd COMMERCIAL GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY COVERAGE 'FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and "our" refer to the company providing this insurance. The word "insured" means any person or organization qualifying as such under Section II - Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V - Definitions. SECTION I - COVERAGES COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insurance applies. We will have the right and duty to defend the insured against any "suit' seeking those damages. However, we will have no duty to defend the insured against any "suit' seeking damages for "bodily injury" or "property damage" to which this insurance does not apply. We may, at our discretion, investigate any 'occurrence" and settle any claim or "suit' that may result. But: (1) The amount we will pay for damages is limited as described in Section III - Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. (1) The "bodily injury" or "property damage" is caused by an 'occurrence" that takes place in the "coverage territory"; (2) The "bodily injury" or "property damage" occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1. of Section II - Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. c. "Bodily injury" or "property damage" which occurs during the policy period and was not, prior to the policy period, known to have occurred by any insured listed under Paragraph 1. of Section II - Who Is An Insured or any "employee" authorized by you to give or receive notice of an 'occurrence" or claim, includes any continuation, change or resumption of that "bodily injury" or "property damage" after the end of the policy period. d. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section II - Who Is An Insured or any "employee" authorized by you to give or receive notice of an 'occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; No other obligation or liability to pay sums or (2) Receives a written or verbal demand or perform acts or services is covered unless claim for damages because of the bodily explicitly provided for under Supplementary injuryor property damage"; or Payments. (3) Becomes aware by any other means that b. This insurance applies to "bodily injury" and "bodily injury" or "property damage" has "property damage" only if: occurred or has begun to occur. CG T1 00 02 19 © 2017 The Travelers Indemnity Company All rights reserved. Page 1 of 21 Includes copyrighted material of Insurance Services Office, Inc. with its permission venture or limited liability company that is not shown as a Named Insured in the Declarations. This paragraph does not apply to any such partnership, joint venture or limited liability company that otherwise qualifies as an insured under Section II — Who Is An Insured. SECTION III — LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard"; and c. Damages under Coverage B. 3. The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard". 4. Subject to Paragraph 2. above, the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal injury" and "advertising injury" sustained by any one person or organization. 5. Subject to Paragraph 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C; because of all "bodily injury" and "property damage" arising out of any one "occurrence". For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide first aid or "Good Samaritan services" to any one person will be deemed to be one "occurrence". COMMERCIAL GENERAL LIABILITY a. The amount shown for the Damage To Premises Rented To You Limit in the Declarations of this Coverage Part; or b. $300,000 if no amount is shown for the Damage To Premises Rented To You Limit in the Declarations of this Coverage Part. 7. Subject to Paragraph 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will c. You and any other involved insured must: pay under Coverage A for damages because of (1) Immediately send us copies of any "premises damage" to any one premises. The demands, notices, summonses or legal Damage To Premises Rented To You Limit will be: papers received in connection with the claim or "suit"; CG T1 00 02 19 © 2017 The Travelers Indemnity Company. All rights reserved Page 13 of 21 Includes copyrighted material of Insurance Services Office, Inc. with its permission COMMERCIAL GENERAL LIABILITY (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. e. The following provisions apply to Paragraph a. above, but only for purposes of the insurance provided under this Coverage Part to you or any insured listed in Paragraph 1. or 2. of Section II — Who Is An Insured: (1) Notice to us of such "occurrence" or offense must be given as soon as practicable only after the "occurrence" or offense is known to you (if you are an individual), any of your partners or members who is an individual (if you are a partnership or joint venture), any of your managers who is an individual (if you are a limited liability company), any of your "executive officers" or directors (if you are an organization other than a partnership, joint venture, or limited liability company). any of your trustees who is an individual (if you are a trust) or any "employee" authorized by you to give notice of an "occurrence" or offense. (2) If you are a partnership, joint venture, limited liability company or trust, and none of your partners, joint venture members, managers or trustees are individuals, notice to us of such "occurrence" or offense must be given as soon as practicable only after the "occurrence" or offense is known by: (a) Any individual who is: (i) A partner or member of any partnership or joint venture; (ii) A manager of any limited liability company; (iii) An executive officer or director of any other organization; or (iv) A trustee of any trust; that is your partner, joint venture member, manager or trustee; or (b) Any employee authorized by such partnership, joint venture, limited liability company, trust or other organization to give notice of an "occurrence" or offense. (3) Notice to us of such "occurrence" or offense will be deemed to be given as soon as practicable if it is given in good faith as soon as practicable to your workers' compensation insurer. This applies only if you subsequently give notice to us of the "occurrence" or offense as soon as practicable after any of the persons described in Paragraph e.(1) or (2) above discovers that the "occurrence" or offense may result in sums to which the insurance provided under this Coverage Part may apply. However, if this policy includes an endorsement that provides limited coverage for "bodily injury" or "property damage" or pollution costs arising out of a discharge, release or escape of "pollutants" which contains a requirement that the discharge, release or escape of "pollutants" must be reported to us within a specific number of days after its abrupt commencement, this Paragraph e. does not affect that requirement. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured, and the claimant or the claimant's legal representative. Page 14 of 21 © 2017 The Travelers Indemnity Company. All rights reserved CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 4. Other Insurance If valid and collectible other insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as described in Paragraphs a. and b. below. As used anywhere in this Coverage Part, other insurance means insurance, or the funding of losses, that is provided by, through or on behalf of: (i) Another insurance company; (ii) Us or any of our affiliated insurance companies, except when the Non cumulation of Each Occurrence Limit provision of Paragraph 5. of Section III — Limits Of Insurance or the Non cumulation of Personal and Advertising Injury Limit provision of Paragraph 4. of Section III — Limits of Insurance applies because the Amendment — Non Cumulation Of Each Occurrence Limit Of Liability And Non Cumulation Of Personal And Advertising Injury Limit endorsement is included in this policy; (III) Any risk retention group; or (iv)Any self-insurance method or program, in which case the insured will be deemed to be the provider of other insurance. Other insurance does not include umbrella insurance, or excess insurance, that was bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. As used anywhere in this Coverage Part, other insurer means a provider of other insurance. As used in Paragraph c. below, insurer means a provider of insurance. a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in Paragraph c. below, except when Paragraph d. below applies. b. Excess Insurance (1) This insurance is excess over: COMMERCIAL GENERAL LIABILITY (ii) That is insurance for "premises damage"; (iii) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to any exclusion in this Coverage Part that applies to aircraft, "autos" or watercraft; (iv) That is insurance available to a premises owner, manager or lessor that qualifies as an insured under Paragraph 4. of Section II — Who Is An Insured, except when Paragraph d. below applies; or (v) That is insurance available to an equipment lessor that qualifies as an insured under Paragraph 5. of Section II — Who Is An Insured, except when Paragraph d. below applies. (b) Any of the other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured, or is any other insured that does not qualify as a named insured, under such other insurance. (2) When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. (3) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self - insured amounts under all that other insurance. (a) Any of the other insurance, whether (4) We will share the remaining loss, if any, primary, excess, contingent or on any with any other insurance that is not other basis: described in this Excess Insurance provision and was not bought specifically to (i) That is Fire, Extended Coverage, apply in excess of the Limits of Insurance Builder's Risk, Installation Risk or shown in the Declarations of this Coverage similar coverage for "your work"; Part. CG T1 00 02 19 © 2017 The Travelers Indemnity Company All rights reserved Page 15 of 21 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. d. Primary And Non -Contributory Insurance If Required By Written Contract If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis, or a primary and non- contributory basis, this insurance is primary to other insurance that is available to such insured which covers such insured as a named insured, and we will not share with that other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal and advertising injury" for which coverage is sought is caused by an offense that is committed; subsequent to the signing of that contract or agreement by you. S. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V — DEFINITIONS "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding websites, only that part of a website that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. Page 16 of 21 © 2017 The Travelers Indemnity Company. All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. POLICY: BA-3S770563-21-47-G COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 1. The following is added to Paragraph A.1.c., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: This includes any person or organization who you are required under a written contract or agreement between you and that person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to name as an additional insured for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent of that person's or organization's liability for the conduct of another "insured". 2. The following is added to Paragraph B.5., Other Insurance of SECTION IV — BUSINESS AUTO CONDITIONS: Regardless of the provisions of paragraph a. and paragraph d. of this part 5. Other Insurance, this insurance is primary to and non-contributory with applicable other insurance under which an additional insured person or organization is the first named insured when the written contract or agreement between you and that person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, requires this insurance to be primary and non-contributory. CA T4 74 02 16 © 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. POLICY: 680-3S769945-21-47 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR ARCHITECTS, ENGINEERS AND SURVEYORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Non -Owned Watercraft — 75 Feet Long Or Less B. Who Is An Insured — Unnamed Subsidiaries C. Who Is An Insured — Retired Partners, Members, Directors And Employees D. Who Is An Insured — Employees And Volunteer Workers — Bodily Injury To Co -Employees, Co - Volunteer Workers And Retired Partners, Members, Directors And Employees E. Who Is An Insured — Newly Acquired Or Formed Limited Liability Companies F. Blanket Additional Insured — Controlling Interest G. Blanket Additional Insured — Mortgagees, Assignees, Successors Or Receivers PROVISIONS A. NON -OWNED WATERCRAFT — 75 FEET LONG OR LESS 1. The following replaces Paragraph (2) of Exclusion g., Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION I — COVERAGES — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY: (2) A watercraft you do not own that is: (a) 75 feet long or less; and (b) Not being used to carry any person or property for a charge; 2. The following replaces Paragraph 2.e. of SECTION II — WHO IS AN INSURED: e. Any person or organization that, with your express or implied consent, either H. Blanket Additional Insured — Governmental Entities — Permits Or Authorizations Relating To Premises I. Blanket Additional Insured — Governmental Entities — Permits Or Authorizations Relating To Operations J. Incidental Medical Malpractice K. Medical Payments — Increased Limit L. Amendment Of Excess Insurance Condition — Professional Liability M. Blanket Waiver Of Subrogation — When Required By Written Contract Or Agreement N. Contractual Liability — Railroads uses or is responsible for the use of a watercraft that you do not own that is: (1) 75 feet long or less; and (2) Not being used to carry any person or property for a charge; B. WHO IS AN INSURED — UNNAMED SUBSIDIARIES The following is added to SECTION II — WHO IS AN INSURED: Any of your subsidiaries, other than a partnership or joint venture, that is not shown as a Named Insured in the Declarations is a Named Insured if: a. You are the sole owner of, or maintain an ownership interest of more than 50% in, such subsidiary on the first day of the policy period; and CG D3 79 02 19 © 2017 The Travelers Indemnity Company. All rights reserved. Page 1 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY b. Such subsidiary is not an insured under similar other insurance. No such subsidiary is an insured for "bodily injury" or "property damage" that occurred, or "personal and advertising injury" caused by an offense committed: a. Before you maintained an ownership interest of more than 50% in such subsidiary; or b. After the date, if any, during the policy period that you no longer maintain an ownership interest of more than 50% in such subsidiary. For purposes of Paragraph 1. of Section II — Who Is An Insured, each such subsidiary will be deemed to be designated in the Declarations as: a. A limited liability company; b. An organization other than a partnership, joint venture or limited liability company; or c. A trust; as indicated in its name or the documents that govern its structure. C. WHO IS AN INSURED — RETIRED PARTNERS, MEMBERS, DIRECTORS AND EMPLOYEES The following is added to Paragraph 2. of SECTION II — WHO IS AN INSURED: Any person who is your retired partner, member, director or "employee" that is performing services for you under your direct supervision, but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, no such retired partner, member, director or "employee" is an insured for: (1) "Bodily injury": (a) To you, to your current partners or members (if you are a partnership or joint venture), to your current members (if you are a limited liability company) or to your current directors; (b) To the spouse, child, parent, brother or sister of that current partner, member or director as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. Unless you are in the business or occupation of providing professional health care services, Paragraphs (1)(a), (b), (c) and (d) above do not apply to "bodily injury" arising out of providing or failing to provide first aid or "Good Samaritan services" by any of your retired partners, members, directors or "employees", other than a doctor. Any such retired partners, members, directors or "employees" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. (2) "Personal injury": (a) To you, to your current or retired partners or members (if you are a partnership or joint venture), to your current or retired members (if you are a limited liability company), to your other current or retired directors or "employees" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that current or retired partner, member, director, "employee" or "volunteer worker" as a consequence of Paragraph (2)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph (2)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. (3) "Property damage" to property: (a) Owned, occupied or used by; or (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by; you, any of your retired partners, members or directors, your current or retired "employees" or "volunteer workers", any current partner or member (if you are a partnership or joint venture), or any current member (if you are a limited liability company) or current director. Page 2 of 6 © 2017 The Travelers Indemnity Company. All rights reserved. CG D3 79 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission D. WHO IS AN INSURED — EMPLOYEES AND VOLUNTEER WORKERS — BODILY INJURY TO CO -EMPLOYEES, CO -VOLUNTEER WORKERS AND RETIRED PARTNERS, MEMBERS, DIRECTORS AND EMPLOYEES The following is added to Paragraph 2.a.(1) of SECTION II — WHO IS AN INSURED: Paragraphs (1)(a), (b) and (c) above do not apply to "bodily injury" to a current or retired co - "employee" while in the course of the co - "employee's" employment by you or performing duties related to the conduct of your business, or to "bodily injury" to your other "volunteer workers" or retired partners, members or directors while performing duties related to the conduct of your business. E. WHO IS AN INSURED — NEWLY ACQUIRED OR FORMED LIMITED LIABILITY COMPANIES The following replaces Paragraph 3. of SECTION II — WHO IS AN INSURED: 3. Any organization you newly acquire or form, other than a partnership or joint venture, and of which you are the sole owner or in which you maintain an ownership interest of more than 50%, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only: (1) Until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier, if you do not report such organization in writing to us within 180 days after you acquire or form it; or (2) Until the end of the policy period, when that date is later than 180 days after you acquire or form such organization, if you report such organization in writing to us within 180 days after you acquire or form it; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. For the purposes of Paragraph 1. of Section II — Who Is An Insured, each such COMMERCIAL GENERAL LIABILITY organization will be deemed to be designated in the Declarations as: a. A limited liability company; b. An organization other than a partnership, joint venture or limited liability company; or c. A trust; as indicated in its name or the documents that govern its structure. F. BLANKET ADDITIONAL INSURED — CONTROLLING INTEREST 1. The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that has financial control of you is an insured with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" that arises out of: a. Such financial control; or b. Such person's or organization's ownership, maintenance or use of premises leased to or occupied by you. The insurance provided to such person or organization does not apply to structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. 2. The following is added to Paragraph 4. of SECTIO N II — WHO IS AN INSURED: This paragraph does not apply to any premises owner, manager or lessor that has financial control of you. G. BLANKET ADDITIONAL INSURED — MORTGAGEES, ASSIGNEES, SUCCESSORS OR RECEIVERS The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that is a mortgagee, assignee, successor or receiver and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to its liability as mortgagee, assignee, successor or receiver for "bodily injury", "property damage" or "personal and advertising injury" that: a. Is "bodily injury" or "property damage" that occurs, or is "personal and advertising injury" caused by an offense that is committed, CG D3 79 02 19 © 2017 The Travelers Indemnity Company. All rights reserved. Page 3 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission COMMERCIAL GENERAL LIABILITY subsequent to the signing of that contract or agreement; and b. Arises out of the ownership, maintenance or use of the premises for which that mortgagee, assignee, successor or receiver is required under that contract or agreement to be included as an additional insured on this Coverage Part. The insurance provided to such mortgagee, assignee, successor or receiver is subject to the following provisions: a. The limits of insurance provided to such mortgagee, assignee, successor or receiver will be the minimum limits that you agreed to provide in the written contract or agreement, or the limits shown in the Declarations, whichever are less. b. The insurance provided to such person or organization does not apply to: (1) Any "bodily injury" or "property damage" that occurs, or any "personal and advertising injury" caused by an offense that is committed, after such contract or agreement is no longer in effect; or (2) Any "bodily injury", "property damage" or "personal and advertising injury" arising out of any structural alterations, new construction or demolition operations performed by or on behalf of such mortgagee, assignee, successor or receiver. H. BLANKET ADDITIONAL INSURED — GOVERNMENTAL ENTITIES — PERMITS OR AUTHORIZATIONS RELATING TO PREMISES The following is added to SECTION II — WHO IS AN INSURED: Any governmental entity that has issued a permit or authorization with respect to premises owned or occupied by, or rented or loaned to, you and that you are required by any ordinance, law, building code or written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of the existence, ownership, use, maintenance, repair, construction, erection or removal of any of the following for which that governmental entity has issued such permit or authorization: advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, elevators, street banners or decorations. I. BLANKET ADDITIONAL INSURED — GOVERNMENTAL ENTITIES — PERMITS OR AUTHORIZATIONS RELATING TO OPERATIONS The following is added to SECTION II — WHO IS AN INSURED: Any governmental entity that has issued a permit or authorization with respect to operations performed by you or on your behalf and that you are required by any ordinance, law, building code or written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of such operations. The insurance provided to such governmental entity does not apply to: a. Any "bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the governmental entity; or b. Any "bodily injury" or "property damage" included in the "products -completed operations hazard". J. INCIDENTAL MEDICAL MALPRACTICE 1. The following replaces Paragraph b. of the definition of "occurrence" in the DEFINITIONS Section: b. An act or omission committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to a person, unless you are in the business or occupation of providing professional health care services. 2. The following, replaces the last paragraph of Paragraph 2.a.(1) of SECTION II — WHO IS AN INSURED: Unless you are in the business or occupation of providing professional health care services, Paragraphs (1)(a), (b), (c) and (d) above do not apply to "bodily injury" arising out of providing or failing to provide: (a) "Incidental medical services" by any of your "employees" who is a nurse, nurse assistant, emergency medical technician, paramedic, athletic trainer, audiologist, dietician, nutritionist, Page 4 of 6 © 2017 The Travelers Indemnity Company. All rights reserved. CG D3 79 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. occupational therapist or occupational therapy assistant, physical therapist or speech -language pathologist; or (b) First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or volunteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. 3. The following replaces the last sentence of Paragraph S. of SECTION III — LIMITS OF INSURANCE: For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to any one person will be deemed to be one "occurrence". 4. The following exclusion is added to Paragraph 2., Exclusions, of SECTION I — COVERAGES — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals "Bodily injury" or "property damage" arising out of the violation of a penal statute or ordinance relating to the sale of pharmaceuticals committed by, or with the knowledge or consent of the insured. 5. The following is added to the DEFINITIONS Section: "Incidental medical services" means: a. Medical, surgical, dental, laboratory, x- ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; or b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances. COMMERCIAL GENERAL LIABILITY that is available to any of your "employees" for "bodily injury" that arises out of providing or failing to provide "incidental medical services" to any person to the extent not subject to Paragraph 2.a.(1) of Section II — Who Is An Insured. K. MEDICAL PAYMENTS — INCREASED LIMIT The following replaces Paragraph 7. of SECTION III — LIMITS OF INSURANCE: 7. Subject to Paragraph S. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person, and will be the higher of: a. $10,000; or b. The amount shown in the Declarations of this Coverage Part for Medical Expense Limit. L. AMENDMENT OF EXCESS INSURANCE CONDITION — PROFESSIONAL LIABILITY The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis, that is Professional Liability or similar coverage, to the extent the loss is not subject to the professional services exclusion of Coverage A or Coverage B. M. BLANKET WAIVER OF SUBROGATION — WHEN REQUIRED BY WRITTEN CONTRACT OR AGREEMENT The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: If the insured has agreed in a written contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organization, but only for payments we make because of: 6. The following is added to Paragraph 4.b., a. "Bodily injury" or "property damage" that Excess Insurance, of SECTION IV — occurs; or COMMERCIAL GENERAL LIABILITY CONDITIONS: b. "Personal and advertising injury" caused by This insurance is excess over any valid and an offense that is committed; collectible other insurance, whether primary, subsequent to the signing of that contract or excess, contingent or on any other basis, agreement. CG D3 79 02 19 © 2017 The Travelers Indemnity Company. All rights reserved. Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY N. CONTRACTUAL LIABILITY — RAILROADS 1. The following replaces Paragraph c. of the definition of "insured contract" in the DEFINITIONS Section: c. Any easement or license agreement; 2. Paragraph f.(1) of the definition of "insured contract' in the DEFINITIONS Section is deleted. Page 6 of 6 © 2017 The Travelers Indemnity Company All rights reserved. CG D3 79 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO POLICY: BA-3S770563-21-47-G THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following replaces Paragraph A.5., Transfer of required of you by a written contract executed Rights Of Recovery Against Others To Us, of the prior to any "accident" or "loss", provided that the CONDITIONS Section: "accident' or "loss" arises out of the operations 5. Transfer Of Rights Of Recovery Against Oth- contemplated by such contract. The waiver ap- ers To Us plies only to the person or organization desig- We waive any right of recovery we may have nated in such contract. against any person or organization to the extent CA T3 40 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. TRAVELE S J WORKERS COMPENSATION AND ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY HARTFORD CT 06183 ENDORSEMENT WC 00 03 13 (00) - 001 POLICY NUMBER: UB-OR092036-21-47-G WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 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 DESIGNATED PERSON: DESIGNATED ORGANIZATION: ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. DATE OF ISSUE: 05-11-21 STASSIGN: PAGE 1 OF1 /� WORKERS COMPENSATION TRAVELERS AND ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY HARTFORD CT 06183 ENDORSEMENT WC 42 03 04 (B) — 001 POLICY NUMBER: Us-OR092036-21-47-G TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. 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, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. 1. ❑ Specific Waiver ❑X Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described.. 4. Advance Premium: $ SEE SCHEDULE This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium Insurance Company Countersigned by DATE OF ISSUE: 05-11-21 ST ASSIGN: Page 1 of 1 © Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved. POLICY NUMBER: CUP-3S770815-21-47 UMBRELLA ISSUE DATE: 06/24/2021 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULE OF UNDERLYING INSURANCE This endorsement modifies insurance provided under the following: EXCESS FOLLOW -FORM AND UMBRELLA LIABILITY INSURANCE Automobile Liability Carrier TRAVELERS CASUALTY INSURANCE COMPANY OF AMERICA Policy Number BA-003S770563-21 Policy Period From: 06/30/2021 to: 06/30/2022 Commercial General Liability Carrier THE TRAVELERS INDEMNITY COMPANY Policy Number 680-0035769945-21 Policy Period From: 06/30/2021 to: 06/30/2022 Employers Liability CarrlerTHE STANDARD FIRE INSURANCE COMPANY Policy NumberUB-OOOR092036-21 Policy Period From: 06/30/2021 to: 06/30/2022 Limits Of Liability Bodily Injury And Property $1,000,000 Damage Combined Single Limit Limits Of Liability General Aggregate Products -Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Limits Of Liability Bodily Injury By Accident Each Accident Bodily Injury By Disease Policy Limit Bodily Injury By Disease Each Employee $4,000,000 $4,000,000 $2,000,000 $2,000,000 $1,000,000 $1,000,000 $1,000,000 PRODUCER:USI INS SERV NORTHWEST OFFICE:PLAN A & E 20V EU 00 03 08 18 © 2018 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 POLICY NUMBER: 680-3S769945-21-47 ISSUE DATE: 06/24/2021 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED PERSON OR ORGANIZATION - NOTICE OF CANCELLATION OR NONRENEWAL PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice: 30 WHEN WE DO NOT RENEW (Nonrenewal): Number of Days Notice: 30 PERSON OR ORGANIZATION: ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION OR NONRENEWAL OF THIS POLICY WILL BE GIVEN, BUT ONLY IF: 1. YOU SEND US A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION OR NONRENEWAL OF THIS POLICY; AND 2. WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS SCHEDULE. ADDRESS: THE ADDRESS FOR THAT PERSON OR ORGANIZ- ATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US. PROVISIONS A. If we cancel this policy for any legally permitted reason other than nonpayment of premium, and a number of days is shown for Cancellation in the Schedule above, we will mail notice of cancellation to the person or organization shown in such Schedule. We will mail such notice to the address shown in the Schedule above at least the number of days shown for Cancellation in such Schedule before the effective date of cancellation. B. If we do not renew this policy for any legally permitted reason other than nonpayment of premium, and a number of days is shown for When We Do Not Renew (Nonrenewal) in the Schedule above, we will mail notice of nonrenewal to the person or organization shown in such Schedule. We will mail such notice to the address shown in the Schedule above at least the number of days shown for When We Do Not Renew (Nonrenewal) in such Schedule before the effective date of nonrenewal. IL T4 00 05 19 © 2019 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 POLICY NUMBER: BA-3S770563-21-47-G ISSUE DATE: 06-24-21 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED PERSON OR ORGANIZATION - NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice: 30 PERSON OR ORGANIZATION: ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION OF THIS POLICY WILL BE GIVEN, BUT ONLY IF: 1. YOU SEND US A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION OF THIS POLICY; AND 2. WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS SCHEDULE. ADDRESS: THE ADDRESS FOR THAT PERSON OR ORGANIZ- ATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US. PROVISIONS If we cancel this policy for any legally permitted reason other than nonpayment of premium, and a number of days is shown for Cancellation in the Schedule above, we will mail notice of cancellation to the person or organization shown in such Schedule. We will mail such notice to the address shown in the Schedule above at least the number of days shown for Cancellation in such Schedule before the effective date of cancellation. IL T4 05 05 19 © 2019 The Travelers Indemnity Company. All rights reserved Page 1 of 1 �} Af WORKERS COMPENSATION T TRAVELERS J AND ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY HARTFORD CT 06183 ENDORSEMENT WC 99 06 R3 (00) - 003 POLICY NUMBER: UB-OR092036-21-47-G NOTICE OF CANCELLATION TO DESIGNATED PERSONS OR ORGANIZATIONS The following is added to PART SIX — CONDITIONS: Notice Of Cancellation To Designated Persons Or Organizations If we cancel this policy for any reason other than non-payment of premium by you, we will provide notice of such cancellation to each person or organization designated in the Schedule below. We will mail or deliver such notice to each person or organization at its listed address at least the number of days shown for that person or organiza- tion before the cancellation is to take effect. You are responsible for providing us with the information necessary to accurately complete the Schedule below. If we cannot mail or deliver a notice of cancellation to a designated person or organization because the name or address of such designated person or organization provided to us is not accurate or complete, we have no responsibility to mail, deliver or otherwise notify such designated person or organization of the cancellation. SCHEDULE Name and Address of Designated Persons or Organizations: ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION OF THIS POLICY WILL BE GIVEN, BUT ONLY IF: 1. YOU SEND US A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION OF THIS POLICY, AND 2. WE RECEIVED SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS SCHEDULE. ADDRESS: THE ADDRESS FOR THAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US. All other terms and conditions of this policy remain unchanged. Number of Days Notice 30 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Insured Insurance Company Policy No. Countersigned by Endorsement No. Premium $ DATE OF ISSUE: 06-28-21 © 2013 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 BCRA DECISION RIGHTS MATRIX - REGULAR OPERATIONS - - Buen�ea OEVELOPYIENT - MarketingGo/No-Go r A [ I 1 O JL.rge BD ee.d, (>$50k) require E—Tmarmrowl Client Relationships C 1 0 1 1 1 C I I I 1 0 CONTRACTS I PROPOSALS I PROJECT SETUP - - - - Fee Proposals -Small (<$25K) C 0 C Fee ProposalsStandard($25K-$2O0K) A 0 1 C ifi x:Cx nv 4c9 chat ar windwL IFee Proposals-Large(52O0K+) C A 0 C Contragtsshould heelgned bypdncipal 'Client Contract Language A 0 C All new diem cunt— must be reviewed thoroughly. Subcontracts A O C Alway use Std BCBA sub—naR, AIA C401, or "Sem,e Order" 'Contract Amendments A 01 C Project Team Selection A C ' 0 Legend '0 - Owns it A -Approves it C -Consults on it ' - May be involved This matrix provides basic guidelines for day-to-day deci}ipn.nta.funp within BCpA. Alwa 5 use good judgmen[ in adn;" othr'rs if ppprppriate. Updated. 7/27/2017 2/4/22, 8:32 AM People - BCRA VIEW A TEAM A team of dedicated collaborators At BCRA, we blur the lines between art and science, architecture and engineering. This creates a thriving environment where creative ideas flourish, in part because everyone gets to do work that aligns with their expertise. We know that when people work on what matters to them, we better serve our clients and community. ALL LEADERSHIP ARCHITECTURE INTERIOR DESIGN ENGINEERING EXPERIENTIAL ENVIRONMENTS LANDSCAPE ARCHITECTURE CORPORATE https://www.bcradesign.com/people/ 1 /2 2/4/22, 8:32 AM Doug Oberst RA, NCARB, LEED AP MANAGING PRINCIPAL, ARCHITECT Justin Goroch PE PRINCIPAL, CIVIL ENGINEER People - BCRA Stuart Young Heather Lori Robbin RA, NCARB, LEED AP Hocklander NCIDQ, LEED AP MANAGING PRINCIPAL, PRINCIPAL, INTERIOR ARCHITECT RA, AIA, NCARB, LEED DESIGN BD+C PRINCIPAL, ARCHITECT Ben Dort PE, LEED AP PRINCIPAL, CIVIL ENGINEER Jim Wolch RA, AIA PRINCIPAL, APCHITECT Joe Rydman RA PRINCIPAL, ARCHITECT https://www.bcradesign.com/people/ 2/2 11/23/21, 2:01 PM Corporations and Charities System BUSINESS INFORMATION Business Name: BCRA, INC. UBI Number: 601 181 873 Business Type: WA PROFIT CORPORATION Business Status: ACTIVE Principal Office Street Address: 2106 PACIFIC AVE, STE 300, TACOMA, WA, 98402, UNITED STATES Principal Office Mailing Address: 2106 PACIFIC AVE STE 300, TACOMA, WA, 98402-3008, UNITED STATES Expiration Date: 05/31/2022 Jurisdiction: UNITED STATES, WASHINGTON Formation/ Registration Date: 05/18/1989 Period of Duration: PERPETUAL Inactive Date: Nature of Business: PROFESSIONAL, SCIENTIFIC & TECHNICAL SERVICES REGISTERED AGENT INFORMATION Registered Agent Name: STUART YOUNG Street Address: 2106 PACIFIC AVE STE 300, TACOMA, WA, 98402-0000, UNITED STATES Mailing Address: GOVERNORS Title Governors Type Entity Name First Name Last Name GOVERNOR INDIVIDUAL JUSTIN GOROCH GOVERNOR INDIVIDUAL DOUGLAS OBERST GOVERNOR INDIVIDUAL JUSTIN GOROCH https://ccfs.sos.wa.gov/#/BusinessSearch/Businesslnformation 1/1 1126/22, 11:34 AM Washington State Department of Revenue Washington State Department of Revenue A < Business Lookup License Information: Entity name: BCRA, INC. Business BCRA, INC. name: Entity type: Profit Corporation UBI #: 601-181-873 Business ID: 001 Location ID: 0001 Location: Active Location address: 2106 PACIFIC AVE STE 300 TACOMA WA 98402-3008 Mailing address: 2106 PACIFIC AVE STE 300 TACOMA WA 98402-3008 Excise tax and reseller permit status: Click here Secretary of State status: Click here Endorsements Endorsements held a License # Count Details ,v New search Back to results Status Expiratior First issua hftps://secure.dor.wa.gov/gteunauth/_1#3 1 /3 1/26/22, 11:34 AM Washington State Department of Revenue Endorsements held a License # Count Details Status Expiratior First issua Architect Firm 68 View Architect Active May-31-2 Jan-17-1S Bremerton General 27323 Active May-31-2 May-01-2 Business - Non - Resident Federal Way Active Jan-31-2C Jan-12-2C General Business - Non -Resident Port Orchard Active May-31-2 Sep-20-21 General Business - Non -Resident Redmond General RED11-00 Active May-31-2 Apr-13-2( Business - Non - Resident Sumner General Active May-31-2 Apr-12-2( Business - Non - Resident Yelm General 10924 Active May-31-2 Sep-19-21 Business - Non - Resident Governing People May include governing people not registered with Secretary of State Governing people Title GOROCH, JUSTIN OBERST, DOUGLAS Registered Trade Names Registered trade names Status First issued https://secure.dor.wa.gov/gteunauth/_/#3 213 1/26/22, 11:34 AM Washington State Department of Revenue Registered trade nornos BCRA Status First issued Active Apr-11-2008 The Business Lookup information is updated nightly. Search date and time: 1/26/2022 11:34:01 AM Contact us How are we doing? Take our survey! Don't see what you expected? Check if your browser is supported https://secure.dor.wa.gov/gteunauth/_/#3 3/3