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AG 10-110RETURN TO: CITZ'`�F FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATINGDEPT/DIV: PUBLIC WORKS / �v�fQeT S 2. ORIGINATING STAFF PERSON: � Y ���.� "@ � e(''+S EXT: `�C 7�� 3. DATE REQ. BY: 4. TYPE OF DOCUMENT �CHECK ONE�: ❑ CONTRACTOR SELECTION DOCUMENT �E.G., RFB, RFP, RFQ� ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS� ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACTAMENDMENT�AG#�:� ❑ INTERLOCAL ❑ OTHER �arpl�wiQn"F' �-I 5. PROJECT NAME:__ ('�u�Gl �Ir� C). NAME OF C ADDRESS: E-MAIL: � SIGNATURE c2 TELEPHONE: ZOrv^r��i�o /io�-I(� F�: TITLE: P/' t �t U Dat i 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES o COMPENSATION ❑ INSURANCE REQUIItEMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑� REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # BL, EXP. 12/31/ UBI # , EXP. / / 8. TERM: COMMENCEMENT DATE: SIZ �l II �% COMPLETION DATE: �dI I�I l 2 9. TOTAL COMPENSATION: $ Z?%, SLj g��-� f%J �� 7 7 S� i�� 2�F( ) INCLUDE EXPENSES AND SALES TAX, IF ANY �IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATE S� REIMBURSABLE EXPENSE: ❑ YES �O IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES �O IF YES, $ PAID BY: � CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASECHARGETO: �D�n-- �(�– �S��T' SGI S�3(�'GII I 10. DOCUMENT / CONTRACT REVIEW � PROJECT MANAGER Tlic rr[� i/11.T T/T A ni ♦ .zr-vra-anv�-m�rrrraan �DEPUTY DIRECTOR Marwa�+ 4(l�r� 7�' DIRECTOR � e�*T /*!� nnni rr�nr c\ ` ri Ji� LAW DEPT % � t� . ��� , 1 � !'� />��:�1�: i����— 11. COUNCIL APPROVAL �IF APPLICABLE� COMMITTEE APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING e� � SENT TO VENDOR/CONTRACTOR DATE SENT: 9�Z�,�I Z ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS �1 LAW DEPT SIGNATORY (MAYOR OR DIRECTOR� CITY CLERK �_ ❑ ASSIGNEDAG# � SIGNED COPY RETURNED y� RETURN ONE ORIGINAL COMMENTS: EXECUTE " `� ORIGINALS INITIAL / DATE SIGNED ,�- ' �� — AG# � DATE SENT: I O— N—I Z INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: DATE REC' D: `O' � /I 2' 11/9 SUPPLEMENT NO. 4 CITY OF FEDERAL WAY PACIFIC HIGHWAY SOUTH HOV LANES PHASE IV CONSTRUCTION ENGINEERING SERVICES The local agency of the City of Federal Way desires to supplement the agreement entered into with KPG, Inc., executed on June 16th 2010 identified as Agreement No. 10-110; and modified by Supplement No. 1, Supplement No. 2 and Supplement No. 3. All provisions in the Agreement, Supplement No. 1, Supplement No. 2 and Supplement No. 3 remain in effect except as expressly modified by this Supplement No. 4. The changes to the Agreement are described as follows: Section IV, TIME FOR BEGINNING AND COMPLETION of the Agreement, shall be amended to extend the completion date to December 31, 2012. Signed this 2.� day of S�Pfe►�-(�er , 2012. KPG, INC. ���� Nelson D vis By: Its: Principal 753 9"' Ave N Seattle, WA 98119 (206)286-1640 K:\CONTRACT�2010\10-110d KPG.doc CITY OF FEDERAL WAY BY: Skip Priest Its: Mayor 33325 8th Ave S Federal Way, WA 98003-6325 (253)835-2401 APP AS TO FORM: � Patricia A. Richardson, City Attorney RETURN TO: � y --� EXT: �2 � Z CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATINGDEPT/DIV: PUBLIC WORKS / J�� f`���5 ORIGINATING STAFF PERSON: �� r a v� IZO � z rTS EXT: � 7�.,3 3. DATE REQ. BY: TYPE OF DOCUMENT (CHECK ONE�: ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ� ❑ PUBL[C WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT �E.G. BOND RELATED DOCUMENTS� ❑ ORDINANCE ❑ RESOLUTION �i CONTRACTAMENDMENT (A ! °/ C ❑ INTERLOCAL ❑ OTHER � c�., p p�C +titQr.t T� 3 5. � 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # BL, EXP. 12/31/ UBI # , EXP. / / H. TERM: COMMENCEMENT DATE: � 2 �( COMPLETION DATE:_ ,__,, _- �/�� z?7 ��t,$.2`f ,- , 9. TOTAL COMPENSATION: $� 77, �'"� �, � c# -�-- (� � (INCLUDE EXPENSES AND SALES TAX, IF ANY) �IF CALCULATED ON HO YURL LABOR CHARG�TTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: � YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY TELEPHONE: ZC� F.�: TITLE: f�f � Kci�Da ❑ PURCHASING: PLEASE CHARGE TO: 3(�(�n"�f �IOZ� `� S�I - ��IS .3 (�- L I I� 1 O. DOCUMENT / CONTRACT REVIEW ,�PROJECT MANAGER �DEPUTY DIRECTOR /�at''�vu vl �' DIRECTOR o ATC7L_T/TA7�T�("R71.TBATT � A �DTi!'�AniC]_ �LAW DEPT �.,' � ' � � ��� `- � .:� �• _ INITIAL / DATE APPROVED 11. COUNCIL APPROVAL (IF APPLICABLE� COMMITTEE APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING / �SENT TO VENDOR/CONTRACTOR DATE SENT: �/ �1 Z- ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ,�LAW DEPT �SIGNATORY AYO ORDIRECTOR� �- CITY CLERK ❑ ASSIGNEDAG# �' SIGNED COPY RETURNED 1 Q RETURN ONE ORIGINAL COMMENTS: . INITIAL / DATE SIGNED �1 AG# DATE SENT: �-� L " I �L COUNCILAPPROVAL DATE: DATE REC'D: � t � 'f � 11 /9 SUPPLEMENT NO. 3 CITY OF FEDERAL WAY PACIFIC HIGHWAY SOUTH HOV LANES PHASE IV CONSTRUCTION ENGINEERING SERVICES The local agency of the City of Federal Way desires to supplement the agreement entered into with KPG, Inc., executed on June 16 2010 identified as Agreement No. 10-110, and modified by Supplement No. i and Supplement No. 2. All provisions in the Agreement, Supplement No. 1 and Supplement No. 2 remain in effect except as expressly modified by this Suppiement No. 2. The changes to the Agreement are described as follows: I Section IV, TIME FOR BEGINNING AND COMPLETION of the Agreement, shall be amended to extend the completion date to September 30, 2012. Signed this.� day of __� , 2012. U KPG, INC. By: ' � Nelson avis CITY OF FEDERAL WAY By: - Skip Priest Its: Principal 753 9�' Ave N Seattle, WA 98119 (206) 286-1640 Its: Mayor 33325 8"' Ave S Federal Way, WA 98003-6325 (253)835-2401 APPROVED AS TO FORM: � Patricia A. Ric ardson, City Attorney K:\CONTRAC'I12010\10-1 lOc KPG.doc RETURN TO: y�,,�� � EXT: '� �,UZ- 1' � CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATINGDEPT/DIV: PUBLIC WORKS / S� � 2P � S 2. ORIGINATING STAFF PERSON: I� r �q � �O �J �'(��S EXT: Z�] 2. 3 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE�: ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ� ❑ PUBLIC WORKS CONTRACT ❑ ❑ PROFESSIONAL SERVICE AGREEMENT ❑ ❑ GOODS AND SERVICEAGREEMENT ❑ ❑ REAL ESTATE DOCUMENT ❑ ❑ ORDINANCE p � CONTRACT AMENDMENT �AG�#�: �� ` / � l/ ❑ ❑ OTHER S� �� P I e wt e��' � Z SMALL OR LIMITED PUBLIC WORKS CONTRACT MAINTENANCE AGREEMENT HUMAN SERVICES / CDBG SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS� RESOLUTION INTERLOCAL 5. PROJECT NAME: ` mi G t�� C ��J�I��� u �- � �� f S [ l'l �[ S t ,� C b l.t s�Y' �t [�� ! O ti l� �� 6} r y� e!' r viq� 6. NAME OF C ADDRESS: _ E-MAIL: SIGNATURE �r.: TELEPHONE: �OGe ' � Slp— ��c `tZ� Fax: T�T�: Pr��c�0a 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # BL, EXP. 12/31/ UBI # , EXP. / / 8. TERM: COMMENCEMENT DATE: �i �Z N I I D COMPLETION DATE: � 2 � ' I�_ 9. TOTAL COMPENSATION: $ 2 7 7,��( �, � L� -[-"� _� Z 7 7, �� �r ZN (INCLUDE EXPENSES AND SALES TAX, IF ANY� (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES� REIMBURSABLE EXPENSE: ❑ YES ��10 IF YES, MAXIMUM DOLLAR AMOLTNT: $ IS SALES TAX OWED: ❑ YES �d'�IO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: 3(%Y -'-f �i C3U' ( Sq- S`� ��C� `` � I 10. DOCUMENT / CONTRACT REVIEW � PROJECT MANAGER �EPUTY DIRECTOR MGt t�l.� �1 �DIRECTOR `� LAW DEPT 11. COUNCIL APPROVAL (IF APPLICABLE) IN IAL / DATE VIEWED 1� r� z� i z ` l�v 2K Z ����� ��j COMMITTEE APPROVAL DATE: 12 . CONTRACT SIGNATURE ROUTING �/ / � SENT TO VENDOR/CONTRACTOR DATE SENT: ❑ ATTACH: SIGNATUREAUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS �LAW DEPT �SIGNATO (MAYOR R DIRECTOR� � CITY CLERK ❑ ASSIGNED AG # ❑ SIGNED COPY RETURNED /� RETURN ONE ORIGINAL COMMENTS: _.. _ „ i L -...o.�, 11/9 INIT AL / DATE SIGNED � � � AG# DATE SENT: �] "13"' I Z INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: DATE REC SUPPLEMENT NO. 2 CITY OF FEDERAL WAY PACIFIC HIGHWAY SOUTH HOV LANES PHASE IV CONSTRUCTION ENGINEERING SERVICES The local agency of the City of Federal Way desires to supplement the agreement entered into with KPG, Inc., executed on ]une 16 2010 identified as Agreement No. 10-110, and modified by Supplement No. 1. All provisions in the Agreement and Supplement No. 1 remain in effect except as expressly modified by this Supplement No. 2. The changes to the Agreement are described as follows: I Section IV, TIME FOR BEGINNING AND COMPLETION of the Agreement, shall be amended to extend the completion date to July 31, 2012. Signed this 3 day of ��� �( , 2012. KPG, INC. � By: Nelson Davis CITY OF FEDERAL WAY By: Skip Pries Its: Principal 753 9 Ave N Seattle, WA 98119 (206) 286-1640 Its: Mayor 33325 8 Ave S Federal Way, WA 98003-6325 (253)835-2401 APPROVED AS TO FORM: , �� Patricia A. Richardson, City Attorney K:\CONTRACT�2010\10-I lOb KPG.doc RETURN TO: � EXT: 2�� Z CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM i. OxiclNATiNC DErT/Drv: PuBLic wo�cs / s T� R �= �"t�� S 2. ORIGINATING STAFF PERSON: Q 1! lGt �� 1�D � Q� j EXT: Z� Z� 3. DATE REQ. BY: 4. TYPE OF DOCUMENT �CHECK ONE�: ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ� ❑ PUBLIC WORKS CONTRACT � SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICEAGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS� ❑ ORDINANCE ❑ RESOLUTION �CONTRACTAMEND ENT(AG# j "i ( ❑ INTERLOCAL ❑ OTHER S►'l 1� O� E' Lt1 p vt T IVA r I 5. PROJECI' N �� H 1.�Q/i 6. NAME OF CONTRACTOR: ..L il G. ADDRESS: 7 �'F� .S "f'fi f' � ICi TELEPHONE:� �%�— /6�D E N�� 50►n P K PCY � C�[91M FAX: SIGNATURE NAME: /�/ p[ Snr,� Da c� i S• TITLE:�ri H r�� oa 7. EXHIBITS AND ATTACHMENTS:� SCOPE, WORK OR SERVICES�1 , COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # BL, EXP. 12/31/ UBI # , EXP. _/ / 8. TERM: COMMENCEMENT DATE: COMPLETION DATE: f3t.� �I P 3(�. �O 12 9. TOTALCOMPENSATION: $ Z('pS 77�(.DD-f .�(�, �{ � 77j � {�, 2y _� T'� ,Zt� � (INCLUDE EXPENSES AND SALES TAX, IF ANY� (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES� REIMBURSABLE EXPENSE: ❑ YES �'NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES �NO IF YES, $ PAID BY: � CONTRACTOR o CITY ❑ PURCHASING: PLEASE CHARGE TO: 3 �C0'� `'�`{�— ( S� -� Gj S- 3D '" GI 1� lO. DOCUMENT / CONTRACT REVIEW �PROJECT MANAGER �EPUTYDIItECTOR klar��*� �DIRECTOR �,AW DEPT IN iAL / DATE REVIEWED � L/� � 'l5' Z_ 11. COUNCIL APPROVAL �IF APPLICABLE� COMMITTEE APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING G�/ `1, � ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: ��,� ❑ ATTACH: SIGNATUREAUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS �LAW DEPT �SIGNATOR (MAYOR DtxECTOR) ❑ CITY CLERK ❑ ASSIGNEDAG# � SIGNED COPY RETURNED �RETURN ONE ORIGINAL IN TIAL / DATE SIGNED .� , � Z_ AG# DATE SENT: ��• I7+ INITIAL / DATE APPROVED COUNCILAPPROVAL DATE: DATE REC'D: �_ �� I 2- COMMENTS: ExECUTE "Z " 01uGINAI.s 1/9 SUPPLEMENT NO. 1 CITY OF FEDERAL WAY PACIFIC HIGHWAY SOUTH HOV LANES PHASE IV CONSTRUCTION ENGINEERING SERVICES The local agency of the City of Federal Way desires to supplement the agreement entered into with KPG, Inc., executed on June 16 2010 identified as Agreement No. 10-110. All provisions in the Agreement remain in effect except as expressly modified by this supplement. The changes to the Agreement are described as follows: Section II, SCOPE OF WORK, and Exhibit "A" of the Agreement, shall be amended to include those additional services more particularly described in Exhibit'�A-1", attached hereto and incorporated by this reference ("Additional Services'�. II Section V, PAYMENT, the maximum amount payable under this Supplement No. 1, inclusive of all fees and other costs is Eleven Thousand, Seven Hundred Seventy Four and 24/100 Dollars ($11,774.24) for a total amount payable to Contractor pursuant to the Agreement, inclusive of all fees and other costs, to be an amount not to exceed Two Hundred Seventy Seven Thousand Five Hundred Forty Eight and 24/100 Dollars ($277,548.24). The attached Exhibit "E-1", which describes the payment for work to be performed under this Supplement No. 1, is hereby made a part of this Agreement. Signed this �y day of G , 2012. KPG, INC. � By: Nelson Davis CITY OF FEDERAL WAY � By: Ski riest Its: Principal 753 9 Ave N Seattle, WA 98119 (206) 286-1640 Its: Mayor 33325 8 Ave S Federal Way, WA 98003-6325 (253)835-2401 AP D AS TO FORM: Patricia A. Richardson, City Attorney K:\CONTRACT12010\10-1 l0a KPG.doc EXHIBIT A-1 City of Fede�al Way Pacific Highway South HOV Lanes Phase IV South 312 Street to Dash Point Road Supplement No. 1 S. 308 St and 14th Avenue S. Topographic Mapping KPG Scope of Work May 8, 2012 Work Element 1 Mapping.- Limits of survey. As depicted in the attached aerial South 308 Street southerly 630 feet on the west southerly on the east side of the street; South 308 west to 30 feet west of 14 Avenue South. Limits sh; the fog line plus 10 feet. sketch: 14th Avenue South from side of the street and 300 feet Street from Pacific Hwy 700 feet �II extend from street centerline to 1.1 Establish horizontal and vertical control points along the corridor and within the project limits described above. Basis of control will be City of Federal Way Datum. Approximately 6 control points will be established and will be made availabte for the construction Consultant's use during construction. The CONSULTANT will field survey positions for all monuments and control points throughout the project limits, using the Washington State plane coordinate system. Conventional or GPS surveying methods will be used on this project. Monuments or corners to be located and field surveyed include the following: • Side street monuments These monuments will be located only as they are encountered during field mapping in the event that a surveyed right-of-way determination is needed in the future. It is assumed for this scope of work that right-of-way line and parcel lines will be depicted solely from available GIS information. 1.2 Field Survey and Note Reduction. Perform note reduction of the field survey data. 1.3 Mapping work to prepare 1"=20' topographic base map and digital terrain model (DTM) in AutoCAD format of the project within the limits described above. The base map will include paved and un-paved surfaces, signs, trees, curbs, sidewalks, utility poles, signal poles and other surface features within the mapping area as describe above. One-foot contours will be generated from the DTM. City of Federal Way Page 1 of 2 KPG PHS HOV Lanes Phase IV S 308 Topographic Survey S/8/12 1.4 Field survey to locate paint marks in work element 2.1 at 50-ft intervals and surtace feature (valves, manholes, catch basins, junction boxes, vaults). Irrigation systems will not be included. The CONSULTANT will prepare a utility base map from this information. 1.5 PerForm observation and measure-downs of existing storm drain catch basins and manholes. Document the approximate size, type, material (brick, concrete), and general condition of the structures to confirm suitability for continued use, and approximate size, material and location of storm drainage pipes will be documented. These observations will be made from the surFace. Any required pipe video inspection, potholing or smoke testing needed to verify the condition or connectivity of drainage features within the right-of-way will be performed by the City and the information will be made available to the Consultant. 1.6 Field review completed base maps for completeness and accuracy and incorporate findings. Work Element 2 Utility Mapping 2.1 CNI Locates LTD (CNI) and/or utility purveyors will mark all utility locations within the project corridor so that they can be surveyed in work element 3.4. Service line locations and gravity storm and sewer will not be field located or mapped. The consultant will be responsible to schedule and coordinate utility locates. 2.2 Request utility companies record drawings and update utility mapping prepared in 2.1. Utility as-builts will be used to verify the location and type of utilities within the limits of this project (i.e. adding the size and type of water main, and type, location and symbol of water valves). Utility depths will not be shown with the exception of those described in work element 1.5. Work Element 3 Deliverables 3.1 3.2 Provide AutoCAD v.2011 plan view base map with appropriate survey notes and legend to KPG drafting standards. Drawing shall include DTM and Contours. Provide roadway cross sections on 25 foot centerline stationing to the fog line plus 10 feet beyond within the limits described above. City of Federal Way Page 2 of 2 KPG PHS HOV Lanes Phase IY S 308` Topographic Survey S/8/12 HOUR AND FEE ESTIMATE EXHIBIT E-1 Project: City of Federal Way =� p G Pacific Highway South HOV Lanes, Phase IV ♦ Architecture ♦ South 312th Street to Dash Point Road L.andscape Architecture Supplement No. 1- S. 308th St and 14th Avenue S Topographic Mapping ♦ Civ�l Eng�neer�ng • Labor Hour Estimate Total Fee Proj Engr Design engr Senior Project Sen. Urb Des Landscape Survey Task Descriptlon Engineer Manager Proj. Surveyor Surveyor Crew Technician Clerical Direct Overhead Profit Effective multiplier $ 62.50 $ 47.50 $ 40.13 $ 34.62 $ 46.55 $ 28.B0 $ 24.00 Hours Labor Cost 163.63% 30% 2.9363 Su IemeM No.1 - S. 308th St and 74th Avenue S To ra hic Ma in Task 1 - Mappin 1.1 Fie ld Survey and base mapping 2 8 25 20 55 2,108 3,449 632 $ _ 6,188.8 7 Mileage Task 1 Tota Task 2 - Utility Mappin 2. Preliminary design of drain improvements � Mileage _ � CNI Utility Locates � Task 2 Total Task 3 - Del 3.1 Provide AutoCAD plan view base map and cross sections Reproduction � Task 3 Total Totals 2 2 4 10 6 2 8 i ' i 0 14 35 34 0 $ 50 E 6,238.87 22 871 1,425 261 $ 2,556.28 � $ 50.00 $ 1,600.00 I E_ 4,206.28 12 393 643 118 $ 1,154.08 — ___— $ 25.00 $ 150.00 —_ _— I S__ 1,329.08 89 i 3,371 5,517 1,011 S 11,774.24 City of Federal Wey Page 1 of 1 KPG PHS PH IV Supplement No. 1- S. 308th St and 14th Avenue S. Topoqraphic Mapping 5�092�12 RETURN TO: c./l,t�l �G�'Y�IL�' �--������� EXT: ,�.���� �- CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FO 1. O�ciNaTiNCDErT/Div: PUSLicwoxxs/ 2. ORIGINATINGSTAFF PERSON: (� Y Laln RD �Q�C EXT: 2] Z,�_ 3. DATE REQ. BY: 4. TPPE OF DOCUMENT �CHECK ONE�: ❑ CONTRACTOR SELECTION DOCUMENT �E.G., RFB, RFP, RFQ� ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT �E.G. BOND RELATED DOCUMENTS� O ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMEN� MENT (AG#�:� ❑ INTERLO � OTHER Lc?�.�{ 1 �' vtr c-� S Tct v�t#�d�-�L Gt �1 Su �'�t4� I {�'�Y �'2t' 6�l QK� 5. PROJECT NAME: �' � �� �t P S {� G toC S�P — �o h s�r u c�to•-i E rH eef �� SPf�[CE�S 6. NAME OF CONTRACTOR: t� Y" (�t C ADDRESS: 7 S GC � /� � - I� �I �«� TELEPHONE: ? C>L� ^ 2�[�^ 1��� E-M.aiL: � F�: SIGNATURE NAME: �� S2 Owc v► 5 TITLE: P f o�C� � 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION O INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # BL, EXP. 12/31/ UBI # , EXP. / / 8. TERM: COMMENCEMENT COMPLETION DATE: �u �� �3Q, �d � �C,- 9. TOTAL COMPENSATION: $�(� S� 7�� �� �INCLUDE EXPENSES AND SALES TAX, IF ANY� �IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES� REIMBURSABLE EXPENSE: �YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $��� I�U � IS SALES TAX OWED: ❑ YES �NO IF YES, $ PAID BY: O CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: �n— 4t-(CD `" / S� S� S� �(�"� 4 I I 10. DOCUMENT / CONTRACT REVIEW �PROJECT MANAGER �,�L(� �DEPUTY DIRECTOR �� � �DIRECTOR 5I.2'� �LAW DEPT 11 . COUNCILAPPROVAL�IFAPPLICABLE� COMMITTEEAPPROVALDATE: 12. CONTRACT SIGNATURE ROUTING ��{� � SENT TO VENDOR/CONTRACTOR DATE SENT: � t' J l.� �ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENS S, EXHIBITS INITIAL / DATE SIGNED INITIAL/ DATE APPROVED COUNCILAPPROVAL DATE: DATE REC'D: �' I I"f' I� �� �Q� �� �SIG�NATOR �CM QR DIRECTOR� G E� L ` �le � � I � � CITY CLERK � � ASSIGNED AG # AG# �'' SIGNED COPY RETLTRNED DATE SENT: •�� �(�_ �RETURN ONE ORIGINAL COMMENTS: E�cuTE " �" OiuGirraLs 11/9 C:\Documents and Settings\brianhr\Local Settings\Temporary Internet Files\Content.Outlook1U07KCQ361PW Routing Form.doc Local Agency Consultant/Address/Telephone KPG, Inc. Standard Consultant 753 9th Avenue N Agreement s eattle, WA 98199 ❑ Architectural/Engineering Agreement (206)286-1640 ❑ Personal Services Agreement A reement Number Project Title And Work Description Federal Aid Number Pacific Highway South HOV Lanes Phase IV STPUL 1013(004) Construction Engineering Services Agreement Type (Choose one) ❑ Lump Sum Lump Sum Amount $ � Cost Plus Fixed Fee Overhead Progress Payment Rate 163.63 % Overhead Cost Method DBE Participation ❑ Yes � No % ❑ Actual Cost Federal ID Number or Social Security Number ❑ Actual Cost Not To Exceed ° 1� 91-1477622 � Fixed Overhead Rate 163.63 % Do you require a 1099 for IRS? Completion Date Fixed Fee $ ❑ Yes � No June 30, 2012 ❑ Specific Rates Of Pay Total Amount Authorized $ 265,774.00 ❑ Negotiated Hourly Rate Management Reserve Fund $ ❑ Provisional Hourly Rate ❑ Cost Per Unit of Work Maximum Amount Payable $ 265,774.00 Index of Exhibits (Check all that apply): � E�chibit A Scope of Work ❑ Eachibit A-2 Task Order Agreement ❑ Exhibit B-1 DBE Utilization Certification � Exhibit C Electronic Exchange of Data ❑ Exhibit D-1 Payment - Lump Sum � Exhibit D-2 Payment - Cost Plus ❑ Exhibit D-3 Payment - Hourly Rate ❑ Exhibit D-4 Payment - Provisional � E�ibit E Fee - Lump/Fixed/Unit ❑ E�chibit E-2 Fee - Specific Rates � E�chibit F Overhead Cost � Exhibit G Subcontracted Work ❑ Exhibit G-1 Subconsultant Fee ❑ Exhibit G-2 Fee-Sub Specific Rates ❑ E�ibit G-3 Sub Overhead Cost � Exhibit H Title VI Assurances � Exhibit I Payment Upon Termination of Agreement � Exhibit J Alleged Consultant Design Enor Procedures � E�ibit K Consultant Claim Procedures ❑ E�chibit L Liability Insurance Increase � Exhibit M-la Consultant Certification � E�chibit M-lb Agency Official Certification � Exhibit M-2 Certification - Primary � Exhibit M-3 Lobbying Certification � E�chibit M-4 Pricing Data Certification � App. 31.910 Supplemental Signature Page THIS AGREEMENT, made and entered into this �(o day of �vr.1 , d0/D , between the Local Agency of City of Federal Way , Washington, hereinafter called the "AGENCY" and the above organization hereinafter called the "CONSULTANT". DOT Form �ao-oss EF Page 1 of 8 Revised 3/2008 WITNESSETH THAT: WHEREAS, the AGENCY desires to accompiish the above referenced project, and WHEREAS, the AGENCY does not have sufficient staff to meet the required commihnent and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT; and WHEREAS, the CONSULTANT represents that he/she is in compliance 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 work and services as herein defined and necessary to accomplish the completed work for this PROJECT. The CONSULTANT shall furnish all services, labor, and related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT. II Scope of Work The Scope of Work and projected level of effort required for this PROJECT is detailed in E�ibit "A" attached hereto and by this reference made a part of this AGREEMENT. III 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 Federal, State, 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 vazious phases and the order of performance of the work in sufficient detail so that the progress of the work can easily be evaluated. The CONSULTANT, and each SUBCONSULTANT, shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONSULTANT, and each SUBCONSULTANT, shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT-assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the termination of this AGREEMENT. Participation for Disadvantaged Business Enterprises (DBE), if required, per 49 CFR Part 26, or participation of Minority Business Enterprises (MBE), and Women Business Enterprises (WBE), shall be shown on the heading of this AGREEMENT. If D/M/WBE firms are utilized, the amounts authorized to each firm and their certification number will be shown on Exhibit "B" attached hereto and by this reference made a part of this AGREEMENT. If the Prime CONSULTANT is a DBE firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY' S"DBE Program Participation Plan". The mandatory DBE participation goals of the AGREEMENT aze those established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the AGENCY. All Reports, PS&E materials, and other data fumished 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." 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 this PROJECT, 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 PROJECT, shall be without liability or legal exposure to the CONSULTANT. Page 2 of 8 IV Time for Beginning and Completion 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 under 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 or 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. V Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided in Eachibit "D" attached hereto, and by reference made part of this AGREEMENT. Such payment shall be full compensation for work performed or services rendered and for aIl labor, materials, supplies, equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. A post audit may be performed on this AGREEMENT. The need for a post audit will be determined by the State Auditor, WSDOT External Audit Office and/or at the request of the AGENCY'S PROJECT Manager. VI Sub-Contracting The AGENCY permits sub-contracts for those items of work as shown in Exhibit "G" attached hereto and by this reference made part of this AGREEMENT. Compensation for this sub-consultant work shall be based on the cost factors shown on Exhibit "G." The work of the sub-consultant shall not exceed its maximum amount payable unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, overhead, direct non-salary costs and fixed fee costs for the sub-consultant shall be substantiated in the same manner as outlined in Section V. All sub-contracts shall contain all applicable provisions of this AGREEMENT. With respect to sub-consultant payment, the CONSULTANT shall comply with all applicable sections of the Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39J6.011. The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. No permission for sub-contracting shall create, between the AGENCY and sub- contractor, any contract or any other relationship. A DBE certified sub-consultant is required to perform a minimum amount of their sub-contracted agreement that is established by the WSDOT Highways and Local Programs Project Development Engineer in consultation with the AGENCY. VII Employment 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 the 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 Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a Page 3 of 8 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 ofthe CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of the contract, any professional or technical personnel who are, or have been, at any time during the period of the contract, in the employ of the United States Department of Transportation, or the STATE, or the AGENCY, except regularly retired employees, without written consent of the public employer of such person. VIII Nondiscrimination During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest agrees to comply with the following laws and regulations: Title VI of the Civil Rights Act of 1964 (42 USC Chapter 21 Subchapter V Section 2000d through 2000d-4a) Federal-aid Highway Act of 1973 (23 USC Chapter 3 Section 324) Rehabilitation Act of 1973 (29 USC Chapter 16 Subchapter V Section 794) Age Discrimination Act of 1975 (42 USC Chapter 76 Section 6101 et seq.) Civil Rights Restoration Act of 1987 (Public Law 100-259) American with Disabilities Act of 1990 (42 USC Chapter 126 Section 12101 et. seq.) 49 CFR Part 21 23 CFR Part 200 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 "H" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "H" 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 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 as shown in Exhibit "I" for the type of AGREEMENT used. No payment shall be made for any work 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 herein above, 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. Page 4 of 8 In such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work 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 work required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the work 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 above. 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 it's employee's default 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 in accordance with the termination for other than default clauses listed previously. In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervisory personnel assigned to the PROJECT, or dissolution of the partnership, termination of the corporation, or disaffiliation of the principaily involved employee, the surviving members of the CONSULTANT hereby agree to complete the work under the terms of this AGREEMENT, if requested to do so by the AGENCY. This subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the AGENCY so chooses. In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the CONSULTANT, with the AGENCY'S concurrence, desire to terminate this AGREEMENT, payment shall be made as set forth in the second paragraph of this section. Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY af 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 work 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 complete work of this AGREEMENT as necessary to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work 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 XIV. XI Disputes Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shall bexeferred for determination 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 de novo judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in E�chibit "J", and disputes concerning claims will be conducted under the procedures found in Exhibit "K". Xil Venue, Applicable Law, and Personal Jurisdiction In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such 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 to such action shall 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. Page 5 of 8 XIII Legal Relations The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this AGREEMENT. This contract shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part from the CONSULTANT' S negligence or breach of any of its obligations under this AGREEMENT; provided that nothing herein shal( require a CONSULTANT to indemnify the AGENCY or the STATE against and hold hannless the AGENCY or the STATE from claims, demands or suits based solely upon the conduct of the AGENCY or the STATE, their agents, officers and employees; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT' S agents or employees, and (b) the AGENCY or the STATE, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon such negligence (2) the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents or employees. The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor. The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT'S own employees against 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. Unless otherwise specified in the 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 the 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 and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and properly damage. The per occurrence amount shall not exceed one million dollars ($1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one miliion dollar ($1,000,000) combined single limit. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the CONSULTANT, the AGENCY will be named on all policies as an additional insured. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by the 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 the AGENCY. 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 shall be limited to the amount payable under this AGREEMENT or one million ($1,000,000) dollars, whichever is the greater, unless modified by Exhibit "L". In no case shall the CONSULTANT'S professional liability to third parties be limited in any way. Page 6 of 8 The AGENCY will pay no progess payments under Section V until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY and the STATE may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. XIV Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of the 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 work under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of the AGREEMENT, the AGENCY shall make an equitable adjustment in the (1) ma�cimum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify the AGREEMENT accordingly. C. The CONSULTANT must submit any "request for equitable adjustmenY', 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 the AGREEMENT. D. Failure to agee to any adjustment shall be a dispute under the 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. XV Endorsement of Pians If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XVI Federal and State Review The Federal Highway Administration and the Washington State Department of Transportation shall have the right to participate in the review or examination of the work in progress. XVII Certification of the Consultant and the Agency Attached hereto as Exhibit "M-1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "M -2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit "M-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and E�ibit "M-4" Certificate of Current Cost ar Pricing Data. Exhibit "M-3" is required only in AGREEMENTS over $100,000 and E�ibit "M-4" is required only in AGREEMENTS over $500,000. XVIII 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 an amendment to this AGREEMENT. XIX Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shail be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the proposai, and the supporting material submitted by the CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof. Page 7 of 8 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. B � � Bv �a . C� C't �i� r U�u Cl�rc� Consuftant �C� Agency ���� �-�1���!'�. � V V�L� DOT Form �ao-os9 EF Pa e 8 of 8 Revised 3/2008 9 EXHIBIT A City of Federal Way Pacific Highway South HOV Lanes Phase IV South 312 Street to Dash Point Road Construction Engineering Support KPG Scope of Work May 26, 2010 A. BACKGROUND The scope of work is to provide engineering support throughout the construction phase of the Pacific Highway South HOV Lanes Phase IV Project. This work includes preconstruction support, construction phase services, on-call construction surveying, and preparation of record drawings as described herein. B. SCOPE OF WORK TASK 1- MANAGEMENT I COORDINATION / ADMINISTRATION 1.1 The Consultant shall provide continuous project management for the project duration from June 1, 2010 to June 30, 2012. 1.2 The Consultant shall prepare monthly progress reports identifying work completed in the previous month, work in progress, upcoming work elements, and reporting of any delays, problems, or additional information needs. These reports shall be submitted with the Consultant invoices. 1.3 The Consultant shall provide continuous management and administration of all subcoFltractors included in this scope of work. Task 1 Deliverables: Monthly progress reports (20 months) TASK 2- CONSTRUCTION PHASE SERVICES 2.1 The Consultant shall provide on-call support, which may include, attending partnering session, preconstruction meeting, weekly progress meetings, review shop drawings, interpretation of plans and specifications, and construction change order assistance on an as-needed basis. Specific tasks are anticipated to include: Preconstruction Services: Assistance with utility coordination, coordination with City field and administrative staff, attendance at partnering session, preconstruction meeting and other support as requested by the City in preparation for construction. Construction Meetings: Attend weekly construction meetings or other project meetings at the construction site to review, in conjunction with the City, the Contractor's progress and construction schedule. Weekly attendance is not anticipated for the project duration; however, the project design manager and other engineers will attend as requested. Provide feedback and follow up as appropriate. Budget allowances for meeting attendance is shown on the attached hour estimate based on the following assumptions on meeting attendance: ■ Weekly attendance for initial 2 months of construction (8 meetings) ■ Attendance in preparation of traffic shifts between stages (4 meetings) City of Federal Way Page 1 of 3 KPG PHS HOV Lanes Phase IV Construction Engineering Support S/26/2010 ■ Attendance for coordination of traffic signal switch over (2 meetings) ■ Attendance for fiber optic coordination (2 meetings) ■ Other meetings as requested by the City or City's field staff (estimate 8 meetings) Submittals: Review and comment on the Contractor's submittals as requested, including shop drawings. Many of the submittals will be reviewed by the City or Construction Management Services Consultant. It is anticipated that the Consultant will receive the following submittals for review: ■ Structural earth walls and modular block wall facing ■ Storm drainage detention, separators, and stormwater treatment systems ■ Irrigation system • Permanent signal systems at 304�' and 308 Street ■ Traffic Signal interconnect and transit priority systems ■ Illumination systems ■ Drainage detention and water quality treatment components ■ Other submittals as requested (see exhibit E-6 for budget assumptions) • Interpretation of Plans and Specifications: Provide technical assistance to clarify and interpret the contract documents at the request of the City. Assist the City in answering Contractor questions. Respond to requests for information (RFIs), prepare requests for quotation (RFQs), and prepare construction field directives (CFDs). • Change Order Assistance: In the event that the provisions of the Contract Documents need to be revised, prepare the necessary revisions to the drawings and specifications. On request, provide engineering or independent peer review of contractor, City, or utility proposed plan changes, . Subconsultant Construction Support: Project Subconsultants for geotechnical (Landau Associates) and electrical service conversions (Casne Engineers) will be retained for construction support on an as requested basis. Budget allowances for each Subconsultant are shown on the attached reimbursable breakdown. . Assist with preparation and attendance at special events, such as preconstruction open house, ribbon cuttings, and other events as requested. Task.2 Deliverables: Documentation as requested in support of on-call construction support TASK.3 — 11TILITY COORDINATION ALLOWANCES 3.1 The Consultant will provide assistance to facilitate franchise utility relocations and adjustments as requested by the City. These services may include design modifications that may be required to facilitate franchise utility work. The purpose of this task is to provide a budget allowance and tracking mechanism for possible reimbursement to the City by the franchise utilities. Work for each utility will be tracked separately on monthly invoices. The City will be responsible for obtaining reimbursement on these charges when applicable. TASK 4 — RECORD DRAWINGS 4.1 The Consultant will provide record drawings within 60 days of receipt of information provided by the construction contractor and the City of Federal Way. Task.4 Deliverables: ■ Record Drawing Mylars (full size) ■ Half-size copy of draft ■ Full-size and half-size copies of final record drawings ■ Electronic files City of Federal Way Page 2 of 3 KPG PHS HOV Lanes Phase IV Construction Engineering Support S/26/2010 C. OTHER SERVICES The City of Federal Way may require other services of the Consultant. These services could include other work tasks not included in the scope of work. These services may include, but are not necessarily limited to, additional construction support, assistance with property issues, or other services deemed necessary by the City. At the time these services are required, the Consultant shall provide the City with a detailed scope of work and an estimate of costs. The Consultant shall not proceed with the work until the City has authorized the work and issued a Notice to Proceed. City of Federal Way Page 3 of 3 KPG PHS HOV Lanes Phase IY Construction Engineering Support S/26/2010 EXHIBIT A-2 TASK ORDER AGREEMENT Not utilized in this contract. EXHIBIT B-1 DBE UTILIZATION CERTIFICATION Not utilized in this contract. EXHIBIT C ELECTRONIC EXCHANGE OF ENGINEERING AND OTHER DATA Electronic copies of all correspondence and files related to this contract are to be provided to the City. Engineered drawings may be provided in PDF format, except for Record Drawing files, which must be provided in AutoCad 2007 or earlier version. EXHIBIT D-1 PAYMENT — LUMP SUM Not utilized in this contract. Exhibit D-2 Payment (Cost Plus a Fixed Fee) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work specified in Section II, "Scope of Work." The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. 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, overhead, direct non-salary costs, and fixed fee. 1. Direct Salary Costs: The Direct Salary 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. Overhead Costs: Overhead 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 rate shown in the heading of this AGREEMENT under "Overhead Progress Payment Rate." Total overhead payment shall be based on the method shown in the heading of the AGREEMENT. The two options are explained as follows: a. Fixed Rate: If this method is indicated in the heading of the AGREEMENT the AGENCY agrees to reimburse the CONSULTANT for overhead at the percentage rate shown. This rate shall not change during the life of the AGREEMENT. b. Actual Cost: If this method is indicated in the heading of the AGREEMENT the AGENCY agrees to reimburse the CONSULTANT the actual overhead 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 CONSULTANTS cost estimate and the overhead computation is shown in E�ibit "E" attached hereto and by this reference made part of this AGREEMENT. When an Actual Cost method is used, the CONSULTANT (prime and all sub-consultants) will submit to the AGENCY within six (6) months after the end of each firm's fiscal year, an overhead schedule in the format required by the AGENCY (cost category, dollar expenditures, etc.) for the purpose of adjusting the overhead rate for billing purposes. It shall be used for the computation of progress payments during the following year and for retroactively adjusting the previous year's overhead cost to reflect the actual rate. DOT Form 140-089 EF Exhibit D-2 Revised 6/OS Failure to supply this information by either the prime CONSULTANT or any of their sub- consultants shall cause the AGENCY to withhold payment of the billed overhead costs until such time as the required information is received and an overhead rate for billing purposes is approved. The AGENCY, STATE 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 overhead rate, if they so desire. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges and sub- consultant costs. a. 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 the AGENCY'S Travel Rules and Procedures. However, air, train, and rental car costs shall be reimbursed in accordance with 48 CFR Part 31.205-46 "Travel Cost b. The billing for Direct Non-Salary Costs shall includ� an itemized listing of the charges directly identifiable wh the PROJECT. c. 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. d. All above charges must be necessary for the services provided under this AGREEMENT. 4. Fixed Fee: The Fixed Fee, which represents the CONSULTANT'S profit, is shown in the heading of this AGREEMENT under Fixed Fee. This amount does not include any additional Fixed Fee, which could be authorized from the Management Reserve Fund. 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: The AGENCY may desire to establish a Management Reserve Fund 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 Management Reserve Fund is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the Management Reserve Fund shall be made in accordance with Section XIV, "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 Management Reserve Fund. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIV, "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 calculated overhead and 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 Salary, Direct Non-Salary, and allowable Overhead Costs to which will be added the prorated Fixed Fee. To provide a means of verifying the billed salary costs for CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary 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 eamed will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent 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) 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) days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. D. Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for inspection by representatives of the AGENCY, STATE and the United States, for a period of three (3) 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 contract is initiated before the expiration of the three (3) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. EXHIBIT D-3 PAYMENT — HOURLY RATE Not utilized in this contract. EXHIBIT D-4 PAYMENT — PROVISIONAL Not utilized in this contract. HOUR AND FEE ESTIMATE EXHIBIT E Project: City of Federal Way ��� Pacific Highway South HOV Lanes, Phase IV • Archicecture ♦ South 312th Street to Dash Point Road Landscape Architecture Construction Englneering Support ♦ Civil Engineering ♦ Labor Hour Estimate Total Fee Proj Engr Design eng 2 man Project Senior en. Urb De Landscape survey Task Description Manager Engineer roj. Surveyo Surveyor crew echnicia Clerical Direct Overhead Profit Effective multiplier $ 62.50 $ 47.50 $ 40.13 $ 34.62 $ 46.55 $ 28.60 $ 24.00 Hours Labor Cost 163.63% 30°�6 2.9363 Su lement No. 6- Construction En ineerin Su ort Task 1- Mana ement I Coordination / Administration Mana ement and admin 25 months 100 0 0 0 0 0 50 150 7,450 12,190 2,235 $ 21,875.44 Monthly progress reports and invoices 25 0 0 0 0 0 25 50 2,163 3,538 649 $ 6,349.75 SubconVactor C oordination 8 0 0 0 0 0 8 16 692 1,132 208 $ 2,031.92 Mll ea e $ 100.00 Re roduction $ 100.00 Task Totals 133 0 0 0 0 0 83 276 10,304.50 16,861.25 3,091.35 $ 30,457.10 Task 2- Construction Phase Services P reconstruction Services (Estimate 10 weeks) 40 20 20 40 0 20 10 150 6,449 10,553 1,935 $ 18,937.08 Construction Meetin s/ su port 96 64 32 32 0 48 24 296 13,381 21,895 4,014 $ 39,289.57 Submittal Reviews (Anticipate 16 40 40 40 0 24 40 200 7,536 12,331 2,261 $ 22,128.54 Submittal Reviews (As requested) 8 8 8 8 0 0 4 36 1,574 2,575 472 $ 4,621.62 inter retation of Plans and S ecs 24 24 40 40 0 80 0 208 7,918 12,956 2,375 $ 23,249.04 Change order review and assistance 24 24 80 48 80 80 16 352 13,908 22,757 4,172 $ 40,837.36 S ecial event reparation and attendance 4 0 0 16 0 24 16 60 1,874 3,067 562 $ 5,503.57 Mllea e $ 300.00 Reproduction $ 500.00 Casne En ineers Budget Allowance $ 10,000.00 Landau Associates Bud et Allowance $ 10,000.00 Taak Totals 212 780 220 224 80 276 170 1302 52,639.98 86,134.80 15 791.99 S 175 366.77 Task 3- Utili Coordination Allowances PSE coordination 12 0 0 16 0 24 4 56 2,086 3,414 626 $ 6,126.06 Qwest coordination 12 0 0 16 0 16 4 48 1,858 3,039 557 $ 5,454.24 Comcast coordination 8 0 0 8 0 16 4 36 1,331 2,177 399 $ 3,906.92 Lakehaven Utility District coordination 24 0 40 0 0 24 4 92 3,887 6,361 1,166 $ 11,414.57 Mlleape __ _ _ $ 100.00 City of Federal Way Page 1 of 2 KPG PNS PN !V Construction Engineering Support 5✓262010 HOUR AND FEE ESTIMATE Project: City of Federal Way Pacific Highway South HOV Lanes, Phase IV South 312th Street to Dash Point Road Construction Engineering Support Task Description 4 - Record Drawings Prepare Draft Record Final Record Drawin9 Mlleage EXHIBIT E KPG ♦ Architecture ♦ Landscape Architecturo ♦ Civil Engineering ♦ Proj Engr sign eng 2 man Project Senior en. Urb De Landscape survey Manager Engineer roj. Surveyo Surveyor crew Technicia Clerical Direct Overhead Profit $ 62.50 $ 47.50 $ 40.13 $ 34.62 $ 46.55 $ 28.60 $ 24.00 Hours Labor Cost 163.63% 30°h 4 16 40 80 0 100 0 240 8,245 13,491 2 4 4 8 24 0 24 0 64 2,278 3,728 409 I 200 I 308 I 368 0 I 124 ! 0 2054 I 82.629.16 I 7 35.206.09 I 24.788.75 =ffective muitiplier 2.9363 $ 24,208.62 $ 6,689.71 $ - City of Federa/ Way Page 2 of 2 KPG PHS PH IV Construction Engineering Support 5/262010 EXHIBIT E-2 SPECIFIC RATES Not utilized in this contract. EXHIBIT F- BREAKDOWN OF OVERHEAD COSTS STATEMENT OF DIRECT LAB�R, FRINGE BENEFITS, AND GENERAL OVERHEAD KPG, INC. P.S. DESCRIPTtON °fo Of 2009 Adjustments 2009 °Jo Of Direct E�ense Expense Direct Labor Labor DIRECT I.ABOR $ 2,402,013 $0 $ 2,402,013 FRINGE BENEFITS Payroll Taxes 11.0% 264,562 264,562 11.0% tnsurance - Medical/DentafNision 13.4% 321,268 321,268 13.4°l0 Paid Leave Vacation! Holiday/ Sick 14.8°l0 355,211 355,211 14.8% 401(K) 4.6°10 110,504 110,504 4.6% Employee Bonus 9.9% 238 682 238,682 9.9% TOTAL FRINGE BENEFITS 53.7% $ 1,29Q,227 $0 $ 1,290,227 53.7% GENERAL OVERHEAD Indirect Labor 36.3°fo 871,035 871,Q35 36.3% Legal & Accounting Services 0.8% 18,262 18,262 0.8% Automotive & Travel Expenses 3.1 % 73,374 -$703 72,671 3.0 Bank Fees & Payroif Admin Fees 0.2% 3,849 3,849 0.2% Organizations 0.5°!0 11,155 11,155 0.5° Training/ Education 0.8°Jo 19,388 19,388 0.8 /o Conferences 0.7°Jo 16,189 -$2,240 13,949 Q.6% Publications 0.1 °10 2,078 2,078 0.1 °lo Emptoyee Senrices 1.8% 44,182 -$27,723 16,459 0.7% Finance Charge 0.0% 940 -$940 - �•Q% Professional Licensing 0.1 °to 2,048 2,048 0.1 % Meals 1.6% 38,87$ -$38,878 - 0.0% Donations a.a��o 400 -$400 - 0 • 0° fa Office Supplies 12.3°l0 294,963 294,963 12.30% Equipment Support 13.4% 321,092 321,092 13.4 /o Postage/Shipping 0.2°l0 4,773 4,773 0.2°fo Printing/ Reprographics 0.5% 12,710 12,710 Q.5% Rent 10.5% 253,333 253,333 10.5°fo Repairs & Maintenance 8.9°l0 214,309 214,309 8.9°10 Communications 1.9% 45,$20 45,820 1.9% Utifities 0.5°!0 12,102 12,102 0.5% Business Taxes & insurance 9.2% 220,441 -$5,690 214,831 8.9% Depreciation 1.2% 29,677 29,677 1.20% Cost of Money 2.2°!0 51,843 51,813 2.2 !o Seif Insurance 2.1 °l0 50,000 50,000 2.1 % Survey 2.0°l0 47,129 47,129 2.0% Fuel for Survey Vehicles 0.4% 10,295 -$1,030 9,265 0.4% Interest 0.0°fo 940 -$940 - Q.0% Recruiting Costs 0.0°l0 763 763 0.0% Commuter Passes 0.0% 246 � 246 0.0% Survey Equipment 1.9% 46,472 46,472 1.9% TOTAL GENERAL OVERHEAD 113.2°10 $ 2,7�8�626 -$78,464 $ 2,640,162 109.9% TOTAL OvERHEAD EXPENSE 166.90% $ 4,0t�8,$53 -$T8,464 $ 3,930,389 163.63% Exhibit G Subcontracted Work The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT: .��. � � - -� �� �� �- �� .�� ■. ►l. •��r 1 111 •� �..� �F:i.`Sii:1d1�{JU[:IGr�nF�.���w■■i:r.��.e:.�.:�:�w.-- - 1 1 1 1_�_._- --- -� �- DOT Form 140-089 EF Exhibit G Revised 6/05 EXHIBIT G-2 FEE — SUB SPECIFIC RATES Not utilized in this contract. EXHIBIT G-3 SUB OVERHEAD COST Not utilized in this contract. Exhibit H Title VI Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS"), which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non-discrimination: The CONSULTANT, with regard to the work performed during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub-consultants, including procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. Solicitations for Sub-consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub-contract, including procurement of materials or leases of equipment, each potential sub- consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by AGENCY, STATE or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, STATE or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. Sanctions for Non-compliance: In the event of the CONSULTANT'S non-compliance with the non- discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE or the FHWA may determine to be appropriate, including, but not limited to: • Withholding of payments to the CONSULTANT under the AGREEMENT until the CONSULTANT complies, and/or; • Cancellation, termination, or suspension of the AGREEMENT, in whole or in part DOT Form 140-089 EF Exhibit H Revised 6/05 6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through (5) in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub-consultant or procurement as the AGENCY, STATE or FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub-consultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the STATE and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. Exhibit I Payment Upon Termination of Agreement By the Agency Other Than for Fault of the Consuitant (Refer to Agreement, Section IX) Lump Sum Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made shall total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the total work required for the PROJECT. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Cost Plus Fixed Fee Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total work required for the Project. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Specific Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actual hours chaxged at the time of termination of this AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT. Cost Per Unit of Work Contracts A final payment shall be made to the CONSULTANT for actual units of work completed at the time of termination of this AGREEMENT. DOT Form 140-089 EF Exhibit 1 Revised 6/OS Exhibit J Alleged Consultant Design Error Procedures The purpose of this e�►ibit 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 Highways and 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 pocuments 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 manger 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 H&LP, through the Region DOT Form 140-089 EF Exhibit J Revised 6/05 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. Step 5— Forward Documents to Highways and Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Highways and Local Programs Engineer to H&LP for their review and consultation with the FHWA. H&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, H&LP will request assistance from the Attorney General's Office for legal interpretation. H&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. H&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. Exhibit K 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 Highways and 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 Highways and 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 fizrther action in needed regarding the claim procedures. DOT Form 140-089 EF Exhibit K Revised 6/O5 If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures. 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 Pubic 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 Highways and 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 consultanYs 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. EXHIBIT L LIABILITY INSURANCE INCREASE Not utilized in this contract. Exhibit M-1(a) Certification Of Consultant Project No. Local Agency Federal Way I hereby certify that I am a Principal and duly authorized representative of the firm of KPG whose address is 753 9th Avenue N, Seattle, WA firm I here represent has: and that neither I nor the above (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 the 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 available to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. � � ��� Date t_�� � Signature DOT Form 140-089 EF Exhibit M-1(a) Revised 6/05 Exhibit M-1(b) Certification Of Agency Official I hereby certify that I am the AGENCY Official of the Local Agency of City of Federal Way , Washington, and that the consulting firm 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 available 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. 6��la�i o Date ��� ��l , � a� Ch� . Si nature DOT Form 140-089 EF Exhibit M-1(b) Revised 6/05 Exhibit M-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-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or 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 antitrust 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 (I) (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, or 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. Consultant (Firm): KPG � �, ( �'L.�" (Date) 2,���� C (Signature) President or Authorized Official of Consultant DOT Form 140-089 EF Exhibit M-2 Revised 6/05 Exhibit M-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 an 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 any 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 and not more than $100,000 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 subcontracts which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Consultant (Firm): KPG � �� C��,� (Date) (Signatu ) President or Authorized Official of Consultant DOT Form 140-089 EF Exhibit M-3 Revised 6/05 Exhibit M-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 15.401 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 Pi-�,s Pr1 !.� �/if ✓�u�� %. L� c.. a✓� s. * are accurate, complete, and current as of S�2(� /Z,s, � **. This certification includes the cast or pricing data supporting any advance agreements and forward pricing rate agreements between the offeror and the Government that are part of the proposal. Firm KPG Name ��ZS �:..( D.�+✓�S Title � iR-� � C-� f �� Date of Execution* * * � 1 � �' � � � � * Identify the proposal, quotation, request for price adjustment, or other submission involved, giving the appropriate identifying number (e.g., RFP No.). ** 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. DOT Form 140-089 EF Exhibi4 M-4 Revised 6/05 ConsultanUAddressrfelephone Supplemental Signature �G Inc Page for � 53 9th Avenue N Standard Consultant Seattle, WA 98199 Agreement (206)286-1640 Agreement Number Project Title And Work Description Pacific Highway South HOV Lanes Phase IV Federal Aid Number Construction Engineering Services STPUL 1013(004) Local Agency City of Federal Way THIS AGREEMENT, made and entered into this �(� day of J,�,,t , U/0 , between the Local Agency of City of Federal Way , Washington, hereinafter called the "AGENCY" , and the above organization hereinafter called the "CONSULTANT". In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year first above written. CONSULTANT LOCAL AGENCY t �-� By �C�- ��-- By ,Q�� J. G�l�► , � Cti�� Consultant ��Gt By Consultant Agency City of Federal Way By Agency By Agency By Agency DOT Form 140-089 EF Appendix 31.910 Revised 6/05 Ut��l�"! CORD '��' DATE (MM/DD/YWI� TM. CERTIFICI� : OF LIABILITY INSUF2ANC o�ios�2oos PRODUCER Phone: (360) 598-3700 Fax: (360) 5983703 THIS CERTIFICATE IS ISSUED AS A MAITER OF INFORMATION MICHAEL J. HALL 8� COMPANY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HALL & COMPANY HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 19660 10TH AVENUE N.E. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. POULSBO WA 98370 INSURED KPG, INC. 753 9TH AVENUE NORTH SEATTLE WA 98109 INSURERS AFFORDING COVERAGE NAIC # INSURER A: TRAVELERS INDEMNITY CO.OF AME. INSURER e: LLOYD'S OF LONDON "� INSURER C: INSURER D: INSURER E: � COVERAGES �EPAR �= I THE POLICIES OF INSURANCE LISTED BEIOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CANDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUB.IECT TO ALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATELIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR AD TypE OF (NSURANCE POLICY NUMBER POLICY EFFECTNE POLICY E7�IRATION uM�jS LTR INS DATE MMIDD DATE MM/D GENERAL LIABILITY 6803947N451 O6/07/09 06/01/10 EACH OCCURRENCE S �,���,��� X CAMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED g 300,000 PREMISES (Ea ocwrence CLAIMS MADE u OCCUR MED. EXP (My one person) $ 5,000 A PERSONAL & ADV INJURY $ 'I,OOO,OOO GENERALAGGREGATE S Z,OOO,OOO GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPfOP AGG. S Y,OOO,OOO PRO- POLICY JECT LOC AUTOMOBILE LIABILITY BA4011 N714 06/01/09 06/07/10 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ � ,00 � , � 00 ALL OWNED AUTOS BODILY INJURY (Per person) $ SCHEDULED AUTOS A X HIRED AUTOS BODILY INJURY $ X NON-0WNED AUTOS (Per accident) PROPERTY DAMAGE $ Per accident) GARAGE LIABtUTIf qUTO ONLY - EA ACCIDENT S ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS / UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR � CLAIMS MADE AGGREGATE S $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND WC sTnTU- EMPLOYERS uasiurY 6803947N451 06/01/09 06/01/10 TORYLIMRS X°TM� STOP GAP E.L. EACH ACCIDENT $ 1,000,000 A M1Y PROPR�ETORIPARTNER/D�CUTNE OFF�CERIMEYBER DCCLUDED? E.L. DISEASE EMPLOYEE $ 'I,OOO,OOO H yea, descrWo undsr sPECU1l PROV�s�oN8 b.low E.L. DISEASE-POLICY LIMIT $ 1,000,000 OTHER: 1147823385I008 O6/01/08 06101/09 $1,000,000 PER CLAIM g PROFESSIONAL LIABILITY $1,000,000 AGGREGATE C�nIMS nnaDE FoRM RETRO DATE: 6/1/94 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ApDED BY ENDORSEMENT/ SPECIAL PROVISIONS PROJECT : PACIFIC HIGHWAY SOUTH, PHASE IV CITY OF FEDERAL WAY IS AN ADDITIONAL INSURED AS PER WRITTEN CONTRACT OR AGREEMENT BETWEEN INSURED AND INSUREDS CLIENT ON THE COMIIAERCIAL GENERAL LIABILITY POLICY AS RESPECTS LIABILITY ARISING OUT OF ACTIVITIES BY, OR ON BEHALF OF THE NAMED INSURED. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILLENDEAVORTO MAll30 DAYS CITY OF FEDERAL WAY WRRTEN NOTICE TO THE CERTIFICATE HOIDER NAMED TO THE LEFT, BUTFAILURE PUBLIC WORKS DEPARTM ENT TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, 33325 8TH AVENUE SOUTH ITS AGENTS OR REPRESENTATNES. PO BOX 8718 AUTHORIZED REPRESENTATNE FEDERAL WAY, WA 98063-9718 � � Attention: shley L. Hurd ACORD 25 (2007/08j GertifiCate # 98741 c� p►t:vrcu �urcrvtw� �vrv iaaa Enter Keywords Corporations Division Home Search Apostilles Domestic Partnerships Awards Program More Progra ms � PRINT T:i15 P,SGC Corporations Division - Registration Data Search Neither the State of Washington nor any agency, officer, or employee of the State of Washington warrants the accuracy, reliability, or timeliness of any information in the Public Access System and shall not be liable for any losses caused by such reliance on the accuracy, reliability, or timeliness of such informat ion. While every effort is made to ensure the accuracy of this information, portions may be incorrect or not current. Any person or entity who relies on information obtained from the System does so at his or her own risk. KPG, P.S. UBI Number 601248468 Category PRO ProfiUNonprofit Profit Active/Inactive Active State Of Incorporation WA Date of Incorporation 05/10/1990 Expiration Date 05/31/2010 Dissolution Date Registered Agent Information Agent Name P JOSEPH GIACOBAZZI Address 753 9TH AVE N City SEATTLE State WA ZIP 98109 Special Address Information Address City State Zip Governing Persons Title Name Address Treasurer FUESEL , PAUL SEATfLE , WA President GIACOBAZZI , P SAMMAMISH , WA Vice President DAVIS , NELSON SEATTLE , WA a Return tc Search Lisi Address Confidentiali [�o still es ; Archives [ Charitable Trusts & Soiicitations ; Cor�oration_s ! ��i ta1 Signature Elec tions & VotinR E Intemafionai_Trade ; L eqa c� Pr oiect j Librarv. ! RAedals of Merit & Valor ; News Releases € Productivity Board S�ate Fiaq f State Sea1 � V'lashinqton Histary � � . , Public Information: +� Home � Registered Businesses — +�► Issued Permits —> � Permit_Histor� /_Statu_s_-> Registered User Information: � Registration for First Time Users —> � Sign-On +II► Lo�_Off +�o► Apply for a Permit —> Schedule/Cancel an +�w _ _ __---- Ins�ection —> +a Status._of MX_Permits —> � Undate Personal Information —> +r� Re�uest Passwor_d _-> Citizen Action Requests: � Submit a Citizen Action Re uest -> —�------ --- Check Status of__Citizen � Action Rec�uest _> 06 101042 00 BL Address 753 9TH AVE N Application Date Mar. 6, 2006 Information: > Owner Address pplication Information: Information Descrip usiness Ownership TyX ate Business Opened umber of Full-Time mployees in City umber of Part-Time mplovees in Citv Code KPG INC � Non-Resident Business City, State & Zi Parcel# SEATTLE, WA 98109 Issue Date Expiration Date Mar. 6. 2006 Dec. 31, 2010 Name/ INC PS INC PS INC PS Information Value 2006 710 - Engineering/Architectural & Survey Other usiness Phone Number �2062861640 � New Search you have questions or need additional information, please contact the City of Federal �ay at (253) 835-2527. Office hours are from 8:00 am to 5:00 pm, Monday through idav. CITY OF �... Fe d e ra I Wa � iry of Federal Way • Public Works Department � � 33325 8"' Avenue South • PO Box 9718 • Federal Way, WA 98063-9718 Phone 253-835-2700 • Fax 253-835-2709 • www.ciryofFederalway.com LETTER OF TRANSMITTAL Date: ]une 4, 2010 To: KPG, Inc. From: Darlene LeMaster, Administrative Assistant to Attn: Nelson Davis, Principal Brian Roberts, P.E., Street Systems Project Engineer 753 Ninth Avenue North Seattle, WA 98199 RE: Local Agency Agreement — Construction Engineering Services TRANSMITTED AS CHECKED BELOW: ❑ For Your Review ❑ As Requested � Please Return � For Your Approval ❑ For Your Action ❑ For Your Information ❑ Under Separate Cover ❑ Other. ❑ Via • � • Original Local Agency Agreements — Pacific Highway South HOV Lanes Phase N(S 2 312 Street to Dash Point Road • Construction En ineerin Services COMMENTS: Upon your review of the attached Local Agency Agreement for Construction Engineering Services for the Pacific Highway S HOV Lanes Phase IV project, please sign and date where indicated and return both originals to my attention at the address above. Once fully executed by the City of Federal Way, I will return one original agreement to you for your records. Thank you. cc: Project File K:\FORMS\Transmittal Letter - Blank.doc Day File