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AG 13-001RETURN TO: Mary J EXT: 2702 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBL[C WORKS / TRAFF[C 2. ORIGINATING STAFF PERSON: SARADY LONG EXT: 2743 3. DATE REQ. BY: 4. TYPE OF DOCUMENT �CHECK ONE�: ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ� ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR L[MCTED PUBLIC WORKS CONTRACT ❑ PROFESS[ONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS� ❑ ORDINANCE � RESOLUTION X CONTRACTAMENDMENT(AG#�:_13-001 ❑ INTERLOCAL ❑ OTHER SUPPL N0.0 0� S. PROJECT NAME:CITYWIDE SAFETY IMPROVEMENT PROJECT 6. NAME OF CONTRACTOR:KPG PS ADDRESS: 753 9T" AVENUE NORTH, SEATTLE 98109 TELEPHONE:206.2g6-1640 E-Mn[r.: F�� SIGNATURE NAME: NELSON DAVIS TITLE: PRINCIPAL %. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION O INSURANCE REQUII2EMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE #06-101042 BL, exP. 12/31/13 us[ #601248468 , Exp. _5 /31 /_14_ H. TERM: COMMENCEMENTDATE: COMPLETIONDATE:7/31/13 9. TOTAL COMPENSATION: $� '��.� (INCLUDE EXPENSES AND SALES TAX, IF ANY� (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLAYEES TITLES AND HOLIDAY RATES� REIMBURSABLE EXPENSE: ❑ YES ❑ NO [F YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY: � CONTRACTOR ❑ CTTY ❑ PURCHASING: PLEASE CHARGE TO: 3Ofr44OO-1 H4-59S-64-F)SO lO. DOCUMENT / CONTRACT REVIEW �, PROJECT MANAGER ❑ DNIS[ON MANAGER �l DEPUTY DIRECTOR ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE� '�1 LAW DEPT 11. COUNCIL APPROVAL (IF APPLICABLE) IN[TIAL / DATE REVIEWED �- !a//� 1'� � �� �� COMMITTEE APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING 0 SENTTO VENDOR/CONTRACTOR DATE SENT: 4�I� ���_ ❑ ATTACH: SIGNATURE AUTHOR[TY, INSURANCE CERTIF[CATE, LICENSES, EXHIB[TS � LAW DEPT � + • � S[GNATORY (MAYOR Qg DIRECTOR� ❑ C[TY CLERK �(I ASS[GNEDAG# AG# " � S[GNED COPY RETURNED DATE SENT: �•?J' I�l � RETURN ONE ORIGINAL COMMENTS: EXECUTE " 2° ORIGINALS — AMENDING TERM ONLY INITIAL / DATE APPROVED COUNC[L APPROVAL DATE: DATE REC' D: ��Z� Z 11/9 SUPPLEMENT NO. 2 CITY OF FEDERAL WAY LOCAL AGENCY STANDARD CONSULTANT AGREEMENT FOR CITYWIDE SAFETY PROJECT DESIGN SERVICES The local agency of the City of Federal Way desires to supplement the agreement entered into with KPG PS effective the 2"d day of January 2013, identified as Agreement No. 13-001. All provisions in the Agreement remain in effect except as expressly modified by this supplement, "Supplement No. 2". The changes to t�e Agreement are described as follows: I Section IV, Comqletion, shall be amended to extend the completion date to July 31, 2013. Signed this �c�r'� day of �w.�� , 2013. KPG PS �� � By: Nelson Davis, Principal Its: Principal 753 9th Avenue South Seattle, WA 98109 (206) 286-1640 CITY OF FEDERAL WAY By: Skip Pries Its: Mayor 33325 8th Ave S Federal Way, WA 98003 (253) 835-2401 APPROVED AS TO FORM: Patricia A. Richardson, City Attorney J:\CON1'RAC 1'\2013\13-001 Supplement 2- Citywide Safery Project �1G#13-OOl.doc RETURN TO. � ��� ExT: �-� (71 CITY �F FEDE�L WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS /� 1�e� L 2. ORIGINATi1YG STAFF PERSON: V Qf�� �v�*��_ EXT: Z�"�3 3. DATE REQ. BY: iiS%�� 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED FUBLIC WORKS CONTRACT ❑ PROFESS[ONAL SERVICE AGREEMENT ❑ MAII�ITENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION Qa( CONTR �'' OTHER S. PROJECT N (AG#):�13 -vo I /�f ❑ L t.. �i 'L.� ,n21�. � �..�r �n.�, � 6. NAME OF CONTRACTOR: �� CT � ADDxESS: i 5'3°►'''� Psv{v�v.r �+J� � ���1� vJ A- °1Y1 O g E-MAIL: VbL�'Gnv���iPC�• �.�+'� SIGNATURE NAME: I�L�CS�h �c...� S TELEPHONE: ZO��.'Z-Zf1e . (%'E'O Fax: TITLE: � h�tQ�►..� 7, EXHIBITS AND ATTACI-IMENTS�SCOPE, WORK OR SERVICES �COMPENSATION � INSUAANCE REQUIREMENTS/CERTIFICATE �ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGI�! ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE #�-����'L BL, EXP. 12/31/?.Cj(3 UBI #(�012`}'�`i'i�� , EXP. S/�/�3 S. TERM: COMMF.NCEMENT DATE: COMPLETZON DATE: (o � d I l� A1� ..�11�c��'S,'3 9. TOTAL COMPENSATIOPI: $��p�►�(,. i� (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCUL.ATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF ENIPLOYEES TITLES AND HOLIDAY LtATES) REIMBURSABLE EXPENSE: KYES � NO IF YES, MAXIMUM DOLLAR AMOLJNT: � 9��33 .?�0 IS SALES TAX OWED: ❑ YES p(NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CIT� ❑ PURCHASING: PLEASE CHARGE TO: �Qkj—�E'�O O--1 D��� 1�� E��I' ��C SO 1 O. DOCUMEIYT / CONTRACT REViEW � PROJECT MANAGER DIVISION MANAGER�I�) ��I,3 DEPUTY DIRECTOR •T � �713 � DIRECTOR ��IU I'�ii I3 — DrCTC l�/Tnwrnr�cw rsrm lrLe nnr rn 1 'e�r�.�wse .nvfle�i� � / �Q LAW DEPT��) yp13 '�I 11. COUNCIL APPRO�LAL (IF APPLICABLE) INITIAL / DATE REVIEWED / 1 _ ZQ � / — 7 �� �% '?� � � _ COMMTTTEE APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTIPIG � SENT TO VENDOR/CONTRACTOR DATE SENT:�� l� ❑ ATTAC.H: S[GNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS INITIAL / DATE SIGNED �LAW DEPT ' � i �SIGNATORY ( AY UR:$1BEC.�R)'S � � � CITY CLERK � �'J ' � � ASSIGNED AG # AC'r# "'OQI � �i SIGNED COPY RETURNED DATE SSNT: Ci •� I•� �RETURN ONE ORIGINAL EI�TTS: rF "2" (��(�rnrar.� IMTIAL / DATE APPROVED COUNCIL APPROVAL DATE: DATE REC'D:_ V�L 1� 1 CITY OF �.. Federal Wa v City of Federal Way • Public Works Department 33325 8`" Avenue South • Federa� Way, WA 98003 Phone 253-835-2700 • Fax 253-835-2709 • www.citvoffederalway.com LET1'ER OF TRANSMITTAL Date: May 1, 2013 To: Mr. Nelson Davis, Principal From: Darlene LeMaster, Administrative Assistant to KPG, Inc. Sarady Long, Senior Transportation Planning Engineer 753 Ninth Avenue North Seattle, WA 98109 RE: Supplement No. 1 AG #13-001— Citywide Safety Improvement Project TRANSMITTED AS CHECKED BELOW: ❑ For Your Review ❑ For Your Approval � For Your Action � As Requested ❑ For Your Information ❑ Under Separate Cover ITEMS�COPIES I DESCRIPTION .. - . � Please Return ❑ Other. ❑ Via COMMENTS: Please find the two (2) original Supplement No. 1 for Local Agency Agreements for the Citywide Safety Improvment Project. Please review the document, complete/sign/date where indicated and return to my attention at the address noted above. Thank you. cc: Project File K:\FORMS\Transmittal Letter Template - Blank.doc Day File ��������� �� � A KPG�5,�«.,..r��e,�«h11117Hroadway,Suire50l MAY 17 2013 TRANSMITTAL FORM �«���.A��„� ,a��ma,,�AV��,z Plionr.206286.1640 Phone:253.627.W?0 SEA�I-LF •TAC�MA Fae:206.286.1G39 Pas:253.627.4145 ENGINEERS • ARCHITECTS • LANDSCAPE ARCHITECTS • SURYEYORSPARK� ��ui���C WORKS ��naz�-�nn�niT To: City of Federal Way Public Works Department 3325 8`h Avenue S Federal Way WA 98003 Attention: Darlene LeMaster / Sarady Long The Following: � � � � /1 Copies: 2 Construction Drawings Specifications Shop Drawings Change Order See Below Comments: Date: May 2013 No: Date: May 15. 2013 Subject: Sup�lement # 1- AG # 13-001 Citywide Safety Improvement Project � � // � ■ Review and Comment Approval As Requested Use and Files Action Noted Below Description: Si�ned Sup�lement #1 Please let me know if you need additional information. I ���� � �� V . Signed, ... r c Nelson Davis �questions please ca11206-286-1640) SUPPLEMENT NO. 1 CITY OF FEDERAL WAY LOCAL AGENCY STANDARD CONSULTANT AGREEMENT FOR CITYWIDE SAFETY PROJECT DESIGN SERVICES The local agency of the City of Federal Way desires to supplement the agreement entered into with KPG PS effective the 2"d day of January 2013, identified as Agreement No. 13-001. All provisions in the Agreement remain in effect except as expressly modified by this supplement, "Supplement No. 1". The changes to the Agreement are described as follows: Section II, Scope of Services, shall be amended to include those additional services more particularly described in Exhibit "A-2" attached hereto and incorporated by this reference (Additional Services). Section V, Pavment, the maximum amount payable under this Supplement No. 1 inclusive of all fees and other costs is Twenty-One Thousand Seventy-Three and 35/100 Dollars ($21,073.35) for a total amount payable to the Contractor pursuant to the Agreement and this Supplement No. 1 inclusive of all fees and other cost to be an amount not to exceed Eighty-Six Thousand One Hundred Eighty Six and 18/100 Dollars ($86,186.18). The attached Exhibit "E-2", which describes the payment for work to be performed under this Supplement No. 1, is hereby made a part of the Supplemental Agreement. Signed this �t day of i� �� , 2013. KPG PS sy: Nelson Da is, Principal 753 9th Avenue South Seattle, WA 98109 (206) 286-1640 CITY OF FEDERAL WAY gy; ' � Skip Pri st, Mayor 33325 8th Avenue S Federal Way, WA 98003 (253) 835-2401 APPROVED AS TO FORM: atricia A. Richardson, City Attorney EXHIBIT A - 2 City of Federal Way City Safety Design Services Amendment to AG#13-001 Flashin� Yellow Arrow Conversions — 18t Avenue South at South 330 h Street and 21gt Avenue SW at SW Dash Point Road And Citywide Reflective Backplates KPG Scope of Work April, 2013 Purpose The purpose of this amendment to the City Safety Design Services —Flashing Yellow Arrow Conversions - 1 St Avenue South at South 330th Street, 21 St Avenue SW at SW Dash Point Road and Citywide Reflective Backplates Project is to improve traffic signal phasing and improve the visibility of traffic signal heads. Proposed Improvements Proposed Improvements for City Safety Design Services —Flashing Yellow Arrow Conversions - include flashing yellow arrow signal heads, including all corresponding signal equipment upgrades and adjustments. Convert existing left-turn phasing to flashing yellow left turn arrows at the following intersections: ♦ 1 St Avenue South at South 330�h Street (all approaches) ♦ 21St Avenue SW at SW Dash Point Road (northbound and southbound approaches) Proposed Improvements for the Citywide Retroreflective Backplates Project include installing yellow retroreflective backplates including all corresponding signal equipment upgrades, which may include adding backplates or replacing backplates, to the following intersections: 1. SR 99 MP 12.67 (Pacific Highway S) / S 276th Street 2. Military Road S/ S Star Lake Road 3. SR 99 MP 11.90 (Pacific Highway S) / S 288th Street 4. 18�' Avenue S/ S 288th Street 5. Military Road S/ S 288th Street 6. 11th Place S/ SR 509 MP 13.96 (S Dash Point Road) 7. 16t'' Avenue S& Redondo Way S/ SR 509 MP 14.20 (S Dash Point Road) 8. SR 99 MP 11.37 & Pacific Highway S/ SR 509 MP 14.29 (S Dash Point Road) 9 8tn Avenue SW / SR 509 MP 12.30 (SW Dash Point Road) 10. SR 99 MP 10.94 (Pacific Highway S) / S 304th Street 11. Military Road S/ S 304th Street 12. SR 99 MP 10.69 (Pacific Highway S) / S 308th Street 13.1 St Avenue S/ S 312th Street (SW 312th Street) 14.8th Avenue S/ S 312th Street City of Federa! Way Page 1 of 7 KPG Amendment to AG#13-001 Citywide F/ashing Yellow Arrow Conversions 04/11/2013 15.14th Avenue S/ S 312th Street 16. SR 99 MP 10.44 (Pacific Highway S) / S 312t" Street 17.23`d Avenue S/ S 312th Street 18.21St Avenue SW / SR 509 MP 11.25 (SW Dash Point Rd.) 19.20th Avenue S/ S 314th Street 20.23�d Avenue S/ S 314�' Street 21. Fire signal in 31600 block of 1 St Avenue S 22. SR 99 MP 10.18 (Pacific Highway S) / S 316th Street 23.20th Avenue S/ S 316"' Street 24.23�d Avenue S/ S 316�' Street 25.23�d Avenue S/ S 317"' Street 26. School signal in 4200 block of SW 320th Street 27.26th Avenue SW / SW 320t" Street 28.32"d Avenue S/ S 320"' Street 29. Fire signal in 3700 block of S 320th Street 30.23�d Avenue S/ S 322"d Street 31.11 �' Place S& 13th Place S/ S 324th Street 32. 21 St Avenue SW / SW 325th Place 33.1 St Avenue S/ S 325t" St (SW 325th Street) 34.1 St Avenue S& 1 S� Way S/ S 330th St (SW 330th Street) 35. SR 99 MP 9.31 (Pacific Hi�hway S) / S 330th Street 36. 21 St Avenue SW / SW 334t Street 37.1 St Way S/ Bonneville Power Administration (BPA) trail pedestrian signal 38.1 St Way S/ S 333�d Street 39.19th Avenue SW / SW Campus Drive 40.1 St Way S/ S 336�' Street 41.9t'' Avenue S/ S 336th Street 42.13th Place S/ S 336th Street 43. SR 99 MP 8.93 (Pacific Highway S) / S 336th Street 44.20�' Avenue S/ S 336�' Street 45.10t" Avenue SW (12th Avenue SW) / SW Campus Drive 46. Ho�rt Rd SW & 39th Avenue NE / SW 340t" St (Northshore Parkway. NE) 47.35t Avenue SW / SW 340th Street 48. SR 99 MP 8.65 (Pacific Hi�hway S) / 16th Avenue S/ S 340�h Street 49. 21 St Avenue SW / SW 344t Street 50.34400 block of 1St Way S(1St Avenue S) / Winco Driveway 51.16th Avenue S/ S 344th Street 52.100 block of SW Campus Drive / Winco Driveway 53. 21 St Avenue SW / SW 348t" Street 54.1 St Avenue S/ S 348th Street & SW Campus Drive 55.9th Avenue S/ S 348�' Street 56. SR 99 MP 8.14 (Pacific Highway S) / SR 18 MP 2.20B (S 348t" Street) 57. SR 161 MP 36.25 (Enchanted Parkway S also 16th Avenue S) / SR 18 MP 2.41 B(S 348�' Street) 58. 21 St Avenue SW / SW 356th Street 59. SR 99 MP 7.63 & Pacific Highway S/ S 356�' Street 60. SR 161 MP 35.75 & Enchanted Parkway S/ 16th Avenue S/ S 356"' Street City of Federal Way Page 2 of 7 KPG Amendment to AG#13-001 04/11/2013 Work Element 1 Project Management The estimated project duration is 4 months. No design work will proceed without written authorization from the City. No design work will proceed after the submittal of the 90% plans, specifications and estimate without written authorization from the City. 1.1 Provide project management administrative services including: ♦ Project set-up and execute agreement ♦ Execution of subconsultant agreements ♦ Preparation of monthly progress reports and invoices ♦ Record keeping and project closeout 1.2 Provide overall project management including: ♦ Project staff management and coordination ♦ Subconsultant management and coordination ♦ Prepare and update project schedule ♦ Schedule and budget monitoring 1.3 Coordinate with City staff, including preparation and attendance of up to 5 coordination meetings throughout the duration of the project. Level of effort for this task is based on an average of 2 Consultant staff at each of the following meetings: ♦ One formal kickoff meeting at project start ♦ One formal kickoff meeting upon re-authorization to proceed following 90% approval. ♦ Monthly meetings at the City throughout the project duration (estimate 3). Work Element 2 Quality Control/Quality Assurance The Consultant shall provide internal QA/QC reviews of the following major work elements prior to submittal to the City. 2.1 Field review completed base maps for completeness and accuracy and incorporate findings. 2.2 Provide senior review of geotechnical investigation plan and report. 2.3 Provide senior review of 90% Plans, specifications and estimates. 2.4 Provide senior review of Final plans, specifications and estimates. Work Element 3 Aerial Mapping and Right of Way Tie-In All potentially conflicting facilities in the ROW will be placed on recent high quality aerial maps which will be set to coordinates. 3.1 Acquire high-quality aerials showing the area within the limits of the project. 3.2 Research Records. Determine which existing monuments should be field located and surveyed. Necessary monuments will be located, surveyed. City of Federal Way Page 3 of 7 KPG Amendment to AG#13-001 04/11/2013 3.3 � 3.5 Bring surveyed monuments into the aerial base map. Locate utility paint marks. Acquire title reports for properties directly adjacent to proposed advanced overhead signage foundations for confirmation. 3.6 Calculations for ROW lines. Using the research information and the survey work described above, calculate location of surveyed corners, roadway features and monuments. Calculate existing right of way and show on project base map. Work Element 4 Work Element 5 Utility Mapping (Not Required for this Project) Geotechnical Report (Not Required for this Project) Work Element 6 Preliminary Layout and Estimate Prepare 30% plans and cost opinions for the project for an informal review submittal. 6.1 Compile and review data and records from the City, other agencies, and utilities. Document the design criteria that will be used to develop and evaluate altematives. Design criteria will be per the WSDOT Project Design Guidelines format. Prepare photo log of existing conditions. 6.2 Review traffic signal as-built information provided by the City. 6.3 Meet with King County signal technician staff in the field to verify existing signal equipment and available conduit space for necessary new conductor runs in the system. 6.4 Compile and prepare the preliminary plans and estimate of cost. Deliverables: ♦ An electronic copy of the preliminary plan in Adobe PDF format. ♦ Preliminary estimate of cost in Excel format. Work Element 7 Environmental 7.1 Environmental Classification Summary/Documented Categorical Exclusion. The Consultant will prepare a Local Agency Environmental Classification Summary (ECS) with supporting documentation as required by WSDOT for projects that receive federal funding through WSDOT (Environmental Procedures Manual, Section 310.07). The ECS will include the recommended NEPA determination (assumed to be a Class II, Documented Categorical Exclusion). We will document this assumption following the WSDOT Local Agency Guidance (LAG) manual. The ECS will also include an effect determination for species listed under the Endangered Species Act (ESA) and Essential Fish Habitat (EFH) evaluation, a City of Federal Way Page 4 of 7 KPG Amendment to AG#13-001 04h 1/2013 determination of project impacts on cultural resources, and a Section 4(f) analysis (see the following scope items). The ECS will also require a discussion of stormwater treatment and detention, which will be based on information provided under Work Element 7. Assumptions: ♦ This project will go through the Environmental process as part of the Citywide Flashing Yellow Arrow project (AG #13-001) and will be determined to be a Class II Documented Categorical Conclusion and neither a NEPA Environmental Impact Statement nor an Environmental Assessment will be required. Deliverables: ♦ Deliverables will be part of the Citywide Flashing Yellow Arrow project (AG #13- 001). 7.2 Biological Evaluation (BA) and Essential Fish Habitat Evaluation (EFH). The Consultant will prepare a brief effect determination letter on species listed as threatened under the ESA (assumed to be "no effect" and completed on as part of the ECS) and an EFH evaluation. The Consultant will obtain updated species lists from the agencies web sites and also request site specific habitat information from the Washington State Department of Fish and Wildlife priority habitats and species database. Evaluation of specific project details such as construction techniques and equipment used, timing of construction, temporary sediment and erosion control measures, and best management practices will be based on information developed under Work Element 7. Assumptions: ♦ The project will have no effect on listed species or their designated critical habitat and a detailed Biological Assessment will not be required. Deliverables: ♦ No deliverable; the results of the Section 4(fl investigation will be documented as part of the ECS (Work Element 7.1) 7.3 Cultural Resource Investigation. The Consultant will conduct the required National Historic Preservation Act Section 106 Cultural Resources Survey. Work would consist of the following tasks necessary to comply with Section 106: ♦ Conduct a background search to identify known cultural resources within the project area of potential effect (APE) defined by the City of Federal Way and assess the potential for the APE to contain cultural resources ♦ Conduct a pedestrian field reconnaissance with WSDOT to complete the assessment of the potential for the APE to contain cultural resources Assumptions: ♦ The Consultant will assist the City of Federal Way with APE de�nition. ♦ No historic properties within the APE. ♦ The project qualifies as exempt under WSDOT's programmatic Agreement ♦ No human burials or archaeological sites will be encountered. City of Federa/ Way Page 5 of 7 KPG Amendment to AG#13-001 04/11/2013 Deliverables: ♦ No deliverable; the results of the Section 106 investigation will be documented as part of the ECS (Work Element 7.1) 7.4 Section Seven of the Endangered Species Act The Consultant will investigate potential effects of the project on Section Seven of the Endangered Species Act. The contractor will examine project footprint plans and conduct a site visit. Assumptions: ♦ No effects on Section Seven of the Endangered Species Act will be identified and a no effect determination will be made. Deliverables: ♦ No deliverable; the results of the Section Seven investigation will be documented as part of the ECS (Work Element 7.1) 7.5 SEPA Checklist: SEPA is not required or included in this scope of work. Assumptions: ♦ The project will not require ROW acquisition. Work Element 8 Community and Agency Coordination 8.1 Provide meeting minutes and action items from City arranged project meeting with cooperating agencies. (Assume 1 meeting) Work Element 9 Final Design The Consultant shall provide Final Plans, Specifications and Estimates for review and approval by the City. Plans shall be formatted to provide sufficient detail for convenient field layout of all proposed facilities. City standard details and WSDOT standard plans will be supplemented with project specific details as required. The 90% plans and specifications shall be stamped by a licensed Professional Engineer in the State of Washington. Final bid documents will be stamped and signed by a licensed Professional Engineer in the State of Washington. City of Federal Way Page 6 of 7 KPG Amendment to AG#13-001 04/11/2013 ��I � � 9.4 9.5 Not required for this project. This work effort will be provided by the Citywide Flashing Yellow Arrow project. Not required for this project. This work effort will be provided by the Citywide Flashing Yellow Arrow project. Not required for this project. This work effort will be provided by the Citywide Flashing Yellow Arrow project. Not required for this project. This work effort will be provided by the Citywide Flashing Yellow Arrow project. Prepare plans and details for signal modifications at the following intersections: ♦ 1 St Avenue South at South 330�h Street ♦ 21 St Avenue SW at SW Dash Point Road ♦ Summarized plans for all additional reflective backplate intersections. 9.6 PerForm 90% and Final Document Design quantity take-offs and opinion of costs. 9.7 Prepare contract specifications for the 90% and Final Document submittals based on current WSDOT/APWA standards (English), applicable amendments to the current WSDOT/APWA standards and applicable LAG standards. Work Element 10 Plan Production 10.1 Assemble and submit the plan for this intersection for incorporation into the Citywide Flashing Yellow Arrow project (AG #13-001) plans and specifications for 90 percent, and Final Document levels of design. 10.2 Assemble and coordinate the printing of 50 sets of half-size contract plans, 50 sets of specifications for bidding and 6 full size sets of plans as part of the Citywide Flashing Yellow Arrow project. Sheet List Signal Modifications (8 sheets) Details (3 sheets) Work Element 11 Assistance During Bidding 11.1 Prepare addenda and respond to bidders questions relayed through the City. It is assumed that the CONSULTANT will prepare finro (2) addenda. City of Federal Way Page 7 of 7 KPG Amendment to AG#13-001 04/11/2013 EXHIBIT E - 2 FEE SUMMARY �� p�, ♦ Architecturn ♦ Lsndsc�pe Architacture AgenCy: City of Federal Way ������ �ngineering ♦ Project: 1st Avenue South at South 330th Street and 21st Ave SW at SW Dash Point Road Flashing Yellow Arrow Conversions and Citywide Reflective Yeilow Backplates Amendment to AG#13-001 Date: 4/1112013 Description Estimated Fee Work Element 1- Project Management Work Element 2- Quality Control/Quality Assurance Work Element 3- Aerial Mapping and Right of Way Tie-In Work Element 4- Utility Mapping Work Element 5- Geotechnical Report Work Element 6- Preliminary Layout and Estimate Work Element 7 - Environmental Work Element 8- Community and Agency Coordination Work Element 9- Final Design Work Element 10 - Plan Production Work Element 11 - Assistance During Bidding $2,492.27 $1,562.21 $673.87 $0.00 $0.00 $4,238.18 $2,739.81 $0.00 $5,721.54 $2,403.30 $1,242.18 Tota{ Estimated Fee $21,073.35 City of Federal Way Page 1 of 1 KPG City Safety Design Seivices HOUR AND FEE ESTIMATE EXHIBIT E- 2 Agency: City of Federal Way Project: Amendment to AG#13-001 1st Avenue South at South 330th Street and 21st Ave SW at SW Dash Point Road Flashing Yellow Arrow Conversions and Citywide Reflective Yellow Backplates Date: 4/11 /2013 Task Description ..��.,. �.�a��ay� ��. 1 1 Project mana�ement administrative services 1 2 Overall Pro�ect management ___ 1 3_ Ci�staff coordination meetings (5)____ Reimbursable expenses - see breakdown for details Task Totals Work Element 2- Quality Control/Quality Assurance 2.1 Field review of base maps for accurac� _______ 2.2 Geotechnical review 2 3 Review 90% plans, specs and estimate __. -- -- -- 2 4 Review 100% plans specs, and estimate ____ ..__ -_ - .. _ .__ Reimbursabie expenses - see breakdown for details Task Total �F"�►. � �7r' . ,a.�i„c��-�,,.0 . t._..,,a,�..-�s,� .a.�r.;.�•<,.,r� ♦ c:•����� ee.,a.:.,���,r�..� ♦ Senior � Project i Proj Engr Design engr ' Survey i I I I � ' Engineer ; Manager �, Proj. Surveyor Surveyor I crew Technician � Clerical i Direct ; Overhead I Profit I Effective multiplier $ 68.15 ;$ 44.71 '$ 42.91 $ 36.35 �$ 48.87 I$ 28.85 '� $ 22.71 Hours I Labor Cost i 145.78% '� 30% ' 2.7578 0 5 I 0 ! 0 i 0 , 0 2 7 269i 392: 81 $ 741.77 _. __ _ _ __ . _ _ ;� 2 I 0 � 0 0 - 0--- - 1 9 4271 - 623� 128 $ 1,17833 ' __ __...- - - -- -- ; ' 0 0 0 0 � 1 ' 4 180 263� 54 $ 497 18 - ------- ----_-- -- - ' ------ -- - __- _ $ 75.00 3 13 0 0 0 0 4 20 877 1,278 263 $ 2,492.27 1 1 0 0 0 0 0 2 113 165 34 $ 311.25 - - ----- ---- -- . . _ 0 � 0 � 0 0 0 0 0 0 0 0 �0 $ - ---- ----- - ---- _ 2.5 ! 0.5 0 0 I 0 0 i 0 i 3 193 281 58 $ 531 51 - _ ___ � ---i --- - --{--- r__---_ -- - -- -} ---�- 380+ 78 $ _ 719.45 3,5 0.5 0 0_ 0 0 0 4 261 __ i $ - 7 2 0 0 ' 0 0 0 9 566 826 � 170 $ 1,562.21 Work Element 3- Aerial Mapping and Right of Way Tie-In 3 1 Acquire Aenals ; 0 0 3.2 Research Records I 0 0 _ __ __ . 3.3 Bring survey into_aerial base map � 0 __ __ __ _ __ 3.4 Locate utdi�paint marks in aerial base map � 0 ', 0 - _ _- - -- 3.5 Acquire title r�orts 0 0 -- _ -- -- -. -- 3.6 Calculations 0 0 -- --- ---- -------- - - � _ Reimbursable expenses - see breakdown for details Task Total 0 � Work Element 4- Utifi Ma in NOT REQUIRED FOR THIS PF 4.1 Coordinate field utility locates 0 0 4.2 Request utili company as builts 0 0 Reimbursable ex enses - see breakdown for details � Task Total 0 0 Work Element 5- Geotechnical Re oR NOT REQUIRED FOR THIS PF 5.1 Reconnaissance and exploration plannin� __ 0 ' 0 0 0 0 0 0 ' 0 0 i 0 0 � � 0� 0 0 0 1 0 5.2 Field Explorations and lab testm� � 0 �, 0 _._ . -- - - - - --- - 5.3 Geotechnical en ineerin�c analysis 0 0 I 0 ------ - --- --- 54 Geotechnical Report --- ------ --- --- --� _�.__-�-- '-------� Reimbursable expenses - see breakdown for details ;_ _____ � ' Task Total 0 0 0 City of Federal Way City Safety Design Services 0 0 D 0 1 0 1 � � 1 I 0 1 ', 0 1� 0 � 0 0 0 0 0 0 0 0 0 0 0 ' 0 0 0 0 i 0 ----_ a ___ r ___.. 0 � 0 0 Page 1 of 3 0 0 0 0 0$ - 0 1' 49 71 15 $ 134. 77 0 1, 49j 71� 15 $ 134 77 � - - - 15 $ 134 77 0 1 49� __ 71 0 1 49 71' 15 $ 134.77 _ _- 0 1 � 49 71+ 15 $ 134.77 -- -- -- t ------- - --- _ $ - 0 5 244 356 73 S 673.87 0 0 0 0 0$ - -- --- --- __ 0 0 0 0 0$ - - - - $ ___ _ 0 - S - 0 0 0� Oi 0$ - 0 0+ 0 _ _0; 0 $ - _ -- -- - -- � _ � -- � --- 0 ___0 $ _ - _ 0 0 0 0 _ 0$ - -- -- ---___ _- - -- -- ----- .___ __ __ $ - n _ _ _ _ s - KPG HOUR AND FEE ESTIMATE EXHIBIT E- 2 Agency: City of Federal Way Project: Amendment to AG#13-001 7st Avenue South at South 330th Street and 21st Ave SW at SW Dash Point Road Flashing Yellow Arrow Conversions and Citywide Reflective Yellow Backplates Date: 4/11/2013 Task Description ���� . ,a.-<r,;.�4-�.,�.M . �_,.,,<,.x,-,.�,�- ....-�,:.4.:...,.-� . �-�..;� f:.,�.,,«,�„� . �apor nour tsumate i otai ree Senior Project ', Proj Engr i Design engr Survey '; Engineer , Manager ', Proj. Surveyor ; Surveyor ': crew �, Technician Clerical � Direct I Overhead , Profit ' Effective multiplier $ 68.15 !$ 44.71 �$ 42.91 �$ 36.35 i$ 48.87 i$ 28.85 I$ 22.71 Hours ; Labor Cost i 145.78% � 30% ', 2.7578 Work Element 6- Prelimina La out and Estimate 6.1 Compile and review existing data 0 I 0 2 0 0 2 j 1 � 5_____ 166�____ 242�__ __ 50 $ 458.43 - - __ __ _. _._-- --- --- - - ---- - 0 i 2 0 0 2 0 4 144 6 2 Review signal as-built informatio� provided by the C� 0 � 209 43 $ 395.80 -- - --- - - -- - - 6.3 Meet with King County Staff for field visits 0 1 2 0 0 9 0 12 390 569 117 $ 1,076.04 -- ---- --- ------- - - - _ _ 6.4 Prepare preliminary plan and estimate of cost ___ 0 3 0 0 0 22 1 26 792 1,154 237 $ 2,182.91 - -- - --- - --- ---- ----- Reimbursable ex nses - see breakdown for details -t -� $ 125.00 Task Total 0 4 � 6 0 0 35 2 47 1,491 2,174 447 $ 4,238.18 Work Element 7 - Environmental 7.1 Prepare ECS 0 3 0 0 0 0 ; 0 3 134 196 40 $ 369.90 --- -- --- - - - 7.2 Prepare BE/ECS No effects letter i 0 ; 1 0 0 0 0 I 0 1 45 65 13 $ 123.30 -- -- --- --- - -- --- �--- -- - - 7.3 Section 106 documentatwn ; 0 ' 1 0 � 0 , 0 ; 0 � 0 , 1 45 i 65 13 $ 123.30 _._. -- - ----- ___ _�, Q � 0 � 0 0 ; 0 0 ; � i _ 45 __ _ 6� 13 $ _ 123.30 r -, � � � - 7 4 Section Seven evaluation ; � 7.5 Prepare SEPA Checklist � T _ ,_ _ �$ - ___ _ _ . Reimbursabie ex enses - see breakdown for details ' 0 0 0 0 0 0 0 0. 0 0� $ 2,000.00 Task Total 0 6 0 0 0 0 0 6 268 ' 391 80 $ 2,739.81 Work Element 8- Communi and A enc Coordination 8.1 A�cy Coordination meetin�and minutes (1 mtq __ ____ � 0 { 0 0 t_ _ . I___ t__ 0$ - 0 0 0 0 0 0 0, ___ - _ ._ - - _ , _ _ _ Reimbursable ex nses - see breakdown for details � $ - Task Total 0 0 ; 0 0 0 0 0 - - - b - Work Element 9- Final Desi n 9.1 Title/Index Sheets 0 0 0 0 0 1 0 1 29 42 9$ 79.56 -- - -- -- 9.2 Notes/Legends/Abbreviations sheet 0 0 0 0 0 I 1 0 ' 1 L 29 42 9$ 79 56 - --- -- -- -- -- -- -_ _ 9.3 Survey control plans 0 0 0 ; 0 0 0 0 � 0� 0 0 0$ - --- - --- - - -- - - 9.4 Signal Modification plans and details 0 1 ' 2 , 0 ; 0 I 22 ,� 25� 765 1 116 230 $ 2 110.35 --- --_ - -- __ - -- - - 9.5 Perform 90% and Final Estimate of Cost --- - - ---_ --- 9.6 Prepare contract �ecifications for 90% and Final - -- --- --- _ _ Reimbursable expenses - see breakdown for details Task Total 2 , 3 2 � $ r 2 - -} __ _ ,__-- 4 I 12 6 0 � 0 0 � -- - .. �. _-- I T __ _. - 0 � 12 501 730 -- - - --- -- 0 17 724� 1,056 0- � 56 - 2.047 I', 2.985 150 $ 1, 380 28 217 $ 1,996 79 $ 75.00 i14 $ 5.721.54 City of Federal Way Page 2 of 3 KPG City Safety Design Services HOUR AND FEE ESTIMATE EXHIBIT E- 2 Agency: City of Federal Way Project: Amendment to AG#13-001 1st Avenue South at South 330th Street and 21st Ave SW at SW Dash Point Road Flashing Yeilow Arrow Conversions and Citywide Reflective Yellow Backplates Date: 4/11/2013 Task Description �� � � . �,.:»;F�4�.,�,� . [_.YS,.���,y� �x�nir� ���v ♦ f:`ivil f:?.n�ieice'a:ririy,c ♦ Fee Senior � Project Proj Engr � Design engr , Survey ; j i i Engineer � Manager ; Proj. Surveyor i Surveyor �, crew ; Technician � Cierical ; Direct i Overhead � Profit i Effective multiplier $ 68.15 ;$ 44.71 i$ 42.91 i$ 36.35 !$ 48 87 ;$ 28.85 �. $ 22.71 Hours ! Labor Cost I 145.78% % 30% 2.7578 Work Element 10 - Plan Production 10.1 Assemble submittals for 90% Final PSE 0 j 2 0 0 0 ' 7 � 3 12 360 � 524 108 $ 991.43 - _ _- --- --- -- ---___._ .j_---- -._-- ----- -' i--_ ____ � -- _ - i -- , 482', 99 $ 911.87 10.? Re mburf able exCe sestss b eakdown forfdeta9s 0 2 � 0 J 0 I__ 0 6 3 11 331 , $ 500.00 Task Total 0 4 0 0 0 13 6 23 690 1,006 ; 207 $ 2,403.30 Work Element 11 - Assistance Durin Biddin Reimbursable ex enses - see breakdown for details - ---- 6 0 12 441 ; 643 h 132 $ 1,217.18 --p —�° —g- - - - - - — -- - +- -----__ __ _ _ __ _ _ _- -- - --- 11.1 Pre are Addenda and res nd to uestions _ __ 0 6 0 0 I � � $ 25.00 Task Total 0 6 0 0 I 0 6 0 12 441 643 132 S 1,242.18 TOTAL FtOURS AND TOTAL ESTIMATED FEE 14 i 47 12 j 0 �_ _ 5 ; 88 12 � 178 6626 9659 1988 $21,073.35 ; City of Federal Way Page 3 of 3 KPG City Safety Design Services EXHIBIT E - 2 HOUR AND FEE ESTIMATE Agency: City of Federal Way Amendment to AG#13-001 Project: 1st Avenue South at South 330th Street and 21st Ave SW at SW Dash Point Road Flashing Yellow Arrow Conversions and Citywide Reflective Yeliow Backplates Date 4/11 /2013 Reimbursable Breakdown �� l�'� ♦ Arch;ceocure . Landscape Architecture ♦ C:ivii Engin�cring ♦ Work Element 1- Project Management --------- __ _- ------- - ------- -- Mileage____ _ $ 50.00 ---- ----------------- --_ ------- --- - -- -- . __. _ _ Reproduction $ 25.00 Task 1- Total a 75.00 Work Element 2- Quality Control/Quality Assurance ------------- --___ _ _--- _ _ _. __. _ ___ __ __ Mileage_ __ _ $ _ . __--- -__ __ _ ___ _ _ _ Reproduction _ _ _ _ $ - Task 2 - Total $ - Work Element 3- Aerial Mappin� and Ri�ht of Way Tie-In ___ . --- - - - Mileage _ -- -- ------------___ .--- -- ------ -- -- _--- _.. Aerial Purchase Task 3 - Total $ - Work Element 4- Utility Mapping ___ _ _ Mileage $ - — ------- -- ----- - ----------- --- -- -- Reproduction $ - ------------------------ .---- -- --- --- — - ----- ...--- ---------- --- - --------- --- --- _ Utility locate allowance $ - Task 4 - Total $ - Work Element 5- Geotechnical Report City of Federal Way Page 1 of 3 KPG City Safety Design Services EXHIBIT E - 2 HOUR AND FEE ESTIMATE Agency: City of Federal Way Amendment to AG#13-o01 Project: 1st Avenue South at South 330th Street and 21st Ave SW at SW Dash Point Road Flashing Yellow Arrow Conversions and Citywide Reflective Yeilow Backplates Date ��� ♦ Architecture ♦ Landscape Architecture ♦ C:ivii Engincering ♦ 4/11 /2013 Reimbursable Breakdown Mileage $ - --------------------- ------- - -------_--- ___.._._--- ---- -------- --- ___ Reproduction $ - --- — - - ---- _- - _. . ---------- --------- ------ --- -------------------- _ _ _ __ Subconsultant - Landau $ - Task 5 - Total b - Work Element 6- Preliminary Layout and Estimate --- ------___ _----- _- --- Mileage - _ _ $ -- - 75.00 --- -------_ _._. __ _. _ _ __. _- --- __ ___ __ _ _ _ --- --- Reproduction $ 50.00 Task 6 - Total $ 125.00 Work Element 7 - Environmental . ___ __ _ _ _ _ Mileage _ $ - _ _ - __ -_ ---- -- __ _ __ - - Reproduction _ _ $ ---- ------- _ --- -- - _ __ __ . _ _ _ _ _ _- Widener and Associates - NEPA documentation $ 2,000.00 Task 7 - Total $ 2,000.00 Work Element 8- Community and Agency Coordination ___ _______ ______. Mileage - -- ---- ------- ---- ----- --- -- - — $ _ _- _ Reproduction $ - Task 8 - Total $ - City of Federal Way Page 2 of 3 KPG City Safery Design Services EXHIBIT E - 2 HOUR AND FEE ESTIMATE Agency: City of Federal Way Amendment to AG#13-001 Project: 1st Avenue South at South 330th Street and 21st Ave SW at SW Dash Point Road Flashing Yellow Arrow Conversions and Citywide Reflective Yellow Backplates Date 4111 /2013 Reimbursable Breakdown Work Element 9 - Final uction K:p'G ♦ Architecture ♦ Landscape Architecture ♦ Civil E:nginecring ♦ $ 25.00 $ 50.00 Task 9 - Total $ 75.00 Work Element 70 - Plan Production _ _ _ _ _ __ __ _ -- -- _._._. _ . - -- _ __ _ Mileage _ _ $ - —_- -- - --- ___--- - _- _ _ _ _ _-- _ _ __ ___ __ _ _ _ _ _ __ __ __ Reproduction $ 500.00 Task 10 - Total $ 500.00 Work Etement 11 - Assistance During Biddi�_ - ---- _ -- __ . $ - Reproduction $ 25.00 Task 11 - Total $ 25.00 Reimbursable Subtotal Administrative fees on reimbursables (0%) TOTAL REIMBURSABLES $ 2,800.00 $ - $ 2,800.00 City of Federal Way Page 3 of 3 KPG City Safety Design Services Corporations: Registration Detail Contact Us ! Connec•t � �.;��y� � Corporations and Charities Division Corporations Home � Nonprofit Home j Charities Home I Awards I Public Notices � Contact Info Page 1 of 2 SEARCH Corporation Detail 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 information. While every effort is made to ensure the accuracy of this information, portions may be inconect or not current. Any person or entity who relies on information obtained from the System dces so at his or her own risk. All documents filed with the Corporations Division are considered public record. KPG, P.S. UBI Number 6oi248468 Category PRO Profit/Nonprofit Profit Active/Inactive Active State Of Incorporation WA WAFiling Date o5/io/i990 Expiration Date os/3i/2oi3 Inactive Date Duration Perpetual Registered A,gent Information Agent Name P JOSEPH GIACOBA77T ��,e� 753 9� AVE N City SEATTLE State WA ZIP 98io9 Special Address Information Address City State Zip Governing Persons Title Name President,Chairman DAVIS , NELSON Vice President GIACOBA7.ZI , P JOSEPH Secretary,Treasurer FUESEL , PAUL Purchase Documents for this Corporation » « Return to Search List Address 753 9TH AVENUE NORTH SEATTLE , WA 98io9 753 9TH AVE N SEATTLE , WA 98io9 753 9TH AVENUE NORTH SEATTLE , WA 98io9 http://sos.wa.gov/corps/search_detail.aspx?ubi=601248468 12/20/2012 RETURN TO: EXT: �-7 � � CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM l. ORIGINATING DEPT/DIV: PUBLIC WORKS / I(Y7��,� �; � 2. ORIGINATING STAFF PERSON:_-� �I�v. ��%v��/,� y, � ��ir N- r�<'�C Z ExT: Z� L2 3. DATE REQ. BY: l�Sl�-P TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) q PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT � PROFESS[ONAL SERVICE AGREEMENT � MAINTENANCE AGREEMENT � GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACrT AMEND NT (AG#): � OTHER G� Ot� � I �At �C.�.� � PROJECTNAME: Ci}'Nw>�� Ja�T_w►drr�VP�[�+f /N�Jc-C� NAME OF CONTRACTOR: � PG' 1 S ADDRESS: �S� `3�i4�.lnv� /�/v�tN�, Sc�;,.f+�c _!.�/-1 98/0� E-MAIL: a.� , cu ��•• SIGNATURE NAME: �[s an t� v i`i FAx: TITLE: �,r } a e i� � L EXHIBITS AND ATTACHMENTS: � SCOPE, WORK OR SERVICE5 � COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE � ALL OTHER REFERENCED EXHIBI S � PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENS S❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # D� I b� O��' BL, EXP. 12/31/�(� UBI #�Ob� �"��%2 g , Exr. 5� �3i �� L3 TERM: COMMENCEMENTDATE: IJ�10� Ctr,eC.-v �?+�*�' COMPLETIONDATE: �/3���3 TOTAL COMPENSATION: $ • Q�� I I Z � Q 2 (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: $ � 6: �I � 7i � Z O IS SALES TAX OWED: ❑ YES [SNO IF YES, $ PAID BY: � CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASECHARGETO: �J�V` �'7�` I�� �S�I S � � �'' �FS� 10. DOCUMENT / CONTRACT REVIEW � PROJECT MANAGER � DIVISION MANAGER �� 3uK) L� DEPUTY DIRECTOR � DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) t� Law DErr 11. COUNCIL APPROVAL (IF APPLICABLE) INITIAL / DATE VIEWED —,�w� �� z./ / ov 201 J,. , �? � COMMITTEE APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING �Z,�` y SENT TO VENDOR/CONTRACTOR DATE SENT: ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS � LAW DEPT I�%'UIN��% �SIGNATORY (MAYOR OR DIRECTOR) CITY CLERK �AssiGtvED AG # SIGNED COPY RETURNED �I RETURN ONE ORIGINAL INI IAL / DATE SIGNED l. _ AG# �" DATESENT: �'Z��3 IIVITIAL / DATE APPROVED Ta� l�//s'//L COUNCIL APPROVAL DATE: � � � • ,� �i ,�r , 1/ ' Local Agency consultanUAddresslTelephone KPG PS Standard Consultant 753 9th Avenue North Agreement Seattle, WA 98109 � Architectural/Engineering Agreement ❑ Personal Services Agreement (206)286-1640 A reement Number Project Title And Work Description Federal Aid Number Citywide Safety Improvement Project Design Services Agreement Type (Choose one) ❑ Lump Sum Lump Sum Amount $ � Cost Plus Fixed Fee . Overhead Progress Payment Rate ' % Overhead Cost Method DBE Participation o ❑ Yes � No �o ❑ Actual Cost Federal ID Number or Social Security Number ❑ Actual Cost Not To Exceed % 91-1477622 � Fixed Overhead Rate 145.78 % Do you require a 1099 for IRS? Completion Date Fixed Fee $ 6,328.92 ❑ Yes I� No June 30, 2013 ❑ Speci�c Rates Of Pay , Total Amount Authorized $ 65,112.82 ❑ Negotiated Hourly Rate � Management Reserve Fund $ ❑ Provisional Hourly Rate ❑ Cost Per Unit of Work Maximum Amount Payable $ 65,112.82 Index of Exhibits (Check all that apply): � Exhibit A-1 Scope of Work ❑ E�chibit A-2 Task Order Agreement ❑ Exhibit B-1 DBE Utilizarion Certification � EaLhibit C Electronic Exchange of Data ❑ Exhibit D-1 Payment - Lump Sum � E�ibit D-2 Payment - Cost Plus ❑ Eachibit D-3 Payment - Hourly Rate ❑ Exhibit D-4 Payment - Provisional � Exhibit E-1 Fee - Lump/FixecWnit ❑ Exhibit E-2 Fee - Specific Rates � Exhibit F Overhead Cost � Exhibit G Subcontracted Work � Exhibit G-1 Subconsultant Fee THIS AGREEMENT, made and entered into this Z'` `� � 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 � Exhibit K Consultant Claim Procedures ❑ Exhibit L Liability Insurance Increase � Exhibit M-la Consultant Certification � Exhibit M-lb Agency Official Certification � EJChibit M-2 Certificarion - Primary � Exhibit M-3 Lobbying Certification � Exhibit M-4 Pricing Data Certification ❑ App. 31.910 Supplemental Signature Page between the Local Agency of _ City of Federal Way__ and the above organization hereinafter called the "CONSULTANT". DOT Form � 4A-o89 EF Page 1 of 8 Revised 3/2008 day of Su,h� , 2� 13 , , Washington, hereinafter called the "AGENCY" WITNESSETH THAT: WHEREAS, the AGENCY desires to accomplish the above referenced project, and WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services 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 fumish Consulting services to the AGENCY, NOW THEREFORE, in considerarion of the ternis, 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 Exhibit "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 CONSLJLTANT 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 CONSLTLTANT sufficient norice prior to meetings requiring CONSiJLTAN'f participarion. The minimum required hours or days notice shall be agreed to between the AGENCY and . the CONSULTANT and shown in Exhibit "A." The CONSULTANI' sfiall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the 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. Participarion 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 are 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 furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepazed by the CONSLTLTANT, must meet the requirements as outlined in E�ibit "C." All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to complerion or terminarion 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 amibutable 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 Exhibit "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 all 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 Eachibit "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 sha11 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 AGREE1vIENT. With respect to sub-consultant payment, the CONSULTANT shall comply with all applicable secrions of the Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.01 L 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 Empioyment 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, comxnission, 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 CONSLJLTANT 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 of the 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 Deparnnent 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 Secrion 2000d through 2000d-4a) Federal-aid Highway Act of 1973 (23 USC Chapter 3 Section 324) Rehabilitarion 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 100-2�9) 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 Titie 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 tercninate 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 CONSiTLTANT 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 payrnent made to the CONSiJLTANT prior to Notice of Ternunation exceeds the total amount that would be due when computed as set forth herein above, then no final payrnent shall be due and the CONSi1LTANT 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 tune 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 CONSULTANf'S failure to perform is without the CONSULTANT'S or it's employee's default or negligence, the terminarion 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 temunation 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 principally involved employee, the surviving members of the CONSULTANT hereby agree to complete the work under the terms of this AGREEMENf, if requested to do so by the AGENCY. This subsection shall not be a baz to renegotiation of the AGREEMENT between the surviving members of the CONSULTANf 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 CONSiJLTANT, 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 of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform 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 CONSiJLTAN'I' 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 CONSLJLTANT 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 XN. 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 be referred 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 pazries to this AGREEMEN'f mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit "J", and disputes conceming claims will be conducted under the procedures found in Exhibit "K". XII Venue, Applicable Law, and Personal Jurisdiction In the event that either party deems it necessary to institute legal action or proceedings Co 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 acrion 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 shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold harmless 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 CONSULTANf'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 CONSiJLTANT specifically assumes potential liability for acrions 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 othervvise specified in the AGREEMENT, the AGENCY shall be responsible for administrarion of construction contracts, if any, on the PROJECT. Subject to the processing of a new sole source, or an acceptable supplemental agreement, the CON5ULTANT shall provide On-Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construcrion 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 temis 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 property 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 million 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 effecrive 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 progress 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 AGREEMEN'T 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) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify the AGREEMENT accordingly. C. The CONSiJLTANT must submit any "request for equitable adjustment", hereafter referred to as "CLAIM", under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of the AGREEMENT. D. Failure to agree 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 Plans 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 Eachibit "M-1(a and b)" are the Certificarions of the CONSULTANT and the AGENCY, Exhibit "M -2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Prixnary Covered Transactions, Exhibit "M-3" Certificarion Regarding the Restrictions of the Use of Federal Funds for Lobbying and Elchibit "M-4" Certificate of Current Cost or 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 Compiete 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 shall 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 proposal, 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. CONSULTANT: KPG, P.S. By �� i1V `� Nelson Davis, Princi�al 735 9 Avenue North Seattle, WA 98109 AGENCY: CITY OF FEDERAL WAY By v' 'p Priest. Mayor 33325 8�` Avenue S Federal Way, WA 98003-6325 APPROVED AS TO FORM: Patricia A. Ric dson, City Attorney DOT Form 140-089 EF Revised 3l2oos Page 8 of 8 EXHIBIT A - 1 City of Federal Way City Safety Design Services City Wide KPG Scope of Work October, 2012 Purpose The purpose of the City Safety Design Services — City Wide Project is to improve safety and efficiency at several of the signalized intersections throughout the City. � Proposed Improvements Proposed Improvements for City Safety Design Services — City Wide Project include several flashing yellow arrow signal heads, and reflective yellow backplates including all corresponding signal equipment upgrades at the following intersections: ♦ 1 St Avenue S at S 320�' Street ♦ 21 St Avenue SW at SW 320th Street ♦ 11 �' Place S at S 320th Street �$tn Avenue SW at SW 356th Street ♦ 8�" Avenue S at S 320"' Street ♦ SR 161 at S 352nd Street ♦ 6th Avenue SW at SW Campus Drive ♦ 20"' Avenue S at S 312th Street ♦ 1 st Avenue S at S 356th Street ♦ Weyerhaeuser Way S at S 320th Street City of Federal Way City Safety Design Services Page 1 of 6 KPG 10/12/2012 Work Element �1 Project Management The estimated project duration is 3 months. No design work will proceed without written authorization from the City. No design work will proceed after the submittal of the 90% plans, specifications and estimate without written authorization from the City. 1.1 1.2 Provide project management administrative services including: ♦ Project set-up and execute agreement ♦ Execution of subconsultant agreements ♦ Preparation of monthly progress reports and invoices ♦ Record keeping and project ctoseout Provide overall project management including: ♦ Project staff management and coordination ♦ Subconsultant management and coordination ♦ Prepare and update project schedule ♦ Schedule and budget monitoring 1.3 Coordinate with City staff, including preparation and attendance of up to 5 coordination meetings throughout the duration of the project. Level of effort for this task is based on an average of 2 Consultant staff at each of the following meetings: ♦ One formal kickoff meeting at project start ♦ One formal kickoff meeting upon re-authorization to proceed following 90% approvaL ♦ Monthly meetings at the City throughout the project duration (estimate 3). Work Element 2 Quality Control/Quality Assurance The Consultant shall provide internal QA/QC reviews of the following major work elements prior to submittal to the City. 2.1 2.2 2.3 2.4 Field review completed base maps for completeness and accuracy and incorporate findings. Provide senior review of geotechnical investigation plan and report. Provide senior review of 90% Plans, speci�cations and estimates. Provide senior review of Final plans, specifications and estimates. Work Element 3 Aerial Mapping and Right of Way Tie-In All potentially conflicting facilities in the ROW will be placed on recent high quality aerial maps which will be set to coordinates. 3.1 3.2 Acquire high-quality aerials showing the area within the limits of the project. Research Records. Determine which existing monuments should be field located and surveyed. Necessary monuments will be located, surveyed. City of Federal Way City Safety Design Services Page 2 of 6 KPG 10/29/2012 3.3 3.4 3.5 Bring surveyed monuments into the aerial base map. Locate utility paint marks. Acquire title reports for properties directly adjacent to proposed advanced overhead signage foundations for confirmation. 3.6 Calculations for ROW lines. Using the research information and the survey work described above, calculate location of surveyed corners, roadway features and monuments. Calculate existing right of way and show on project base map. Work Element 4 Work Element 5 Utility Mapping (Not Required for this Project) Geotechnical Report (Not Required for this Project) Work Element 6 Preliminary Layout and Estimate Prepare 30% plans and cost opinions for the project for an informal review submittal. 6.1 Compile and review data and records from the City, other agencies, and utilities. Document the design criteria that will be used to develop and evaluate alternatives. Design criteria will be per the WSDOT Project Design Guidelines format. Prepare photo log of existing conditions. 6.2 Review traffic signal as-built information provided by the City. 6.3 Meet with King County signal technician staff in the field to verify existing signal equipment and available conduit space for necessary new conductor runs in the system. 6.4 Compile and prepare the preliminary plans and estimate of cost. Deliverables: ♦ An electronic copy of the preliminary plans in Adobe PDF format. ♦ Preliminary estimate of cost in Excel format. Work Element 7 Environmental 7.1 Environmental Classification Summary/Documented Categorical Exclusion. The Consultant will prepare a Local Agency Environmental Classification Summary (ECS) with supporting documentation as required by WSDOT for projects that receive federal funding through WSDOT (Environmental Procedures Manual, Section 310.07). The ECS will include the recommended NEPA determination (assumed to be a Class II, Documented Categorical Exclusion). We will document this assumption following the WSDOT Local Agency Guidance (LAG) manual. The ECS will also include an +effect determination for species listed under the City of Federa/ Way City Safety Design Services Page 3 of 6 KPG 10/29/2012 Endangered Species Act (ESA) and Essential Fish Habitat (EFH) evaluation, a determination of project impacts on cultural resources, and a Section 4(f) analysis (see the following scope items). The ECS will also require a discussion of stormwater treatment and detention, which will be based on information provided under Work Element 7. Assumptions: ♦ The City Safety Design Services — City Wide project will be determined to be a Class II Documented Categorical Conclusion and neither a NEPA Environmental Impact Statement nor an Environmental Assessment will be required. Deliverables: ♦ An electronic and paper copy of the draft ECS in Adobe PDF. ♦ An electronic and six (6) paper copies of the final ECS in Adobe PDF. 7.2 Biological Evaluation (BA) and Essential Fish Habitat Evaluation (EFH). The Consultant will prepare a brief effect determination letter on species listed as threatened under the ESA (assumed to be "no effect" and completed on as part of the ECS) and an EFH evaluation. The Consultant will obtain updated species lists from the agencies web sites and also request site specific habitat information from the Washington State Department of Fish and Wildlife priority habitats and species database. Evaluation of specific project details such as construction techniques and equipment used, timing of construction, temporary sediment and erosion control measures, and best management practices will be based on information developed under Work Element 7. Assumptions: ♦ The project will have no effect on listed species or their designated critical habitat and a detailed Biological Assessment will not be required. Deliverables: ♦ No deliverable; the results of the Section 4(fl investigation will be documented as part of the ECS (Work Element 7.1) 7.3 Cultural Resource Investigation. The Consultant will conduct the required National Historic Preservation Act Section 106 Cultural Resources Survey. Work would consist of the following tasks necessary to comply with Section 106: ♦ Conduct a background search to identify known cultural resources within the project area of potential effect (APE) defined by the City of Federal Way and assess the potential for the APE to contain cultural resources ♦ Conduct a pedestrian field reconnaissance with WSDOT to complete the assessment of the potential for the APE to contain cultural resources Assumptions: ♦ The Consultant will assist the City of Federal Way with APE definition. ♦ No historic properties within the APE. ♦ The project qualifies as exempt under WSDOT's programmatic Agreement ♦ No human burials or archaeological sites will be encountered. City of Federal Way City Safety Design Services Page 4 of 6 KPG 10/29/2012 Deliverables ♦ No deliverable; the results of the Section 106 investigation will be documented as part of the ECS (Work Element 7.1) 7.4 Section Seven of the Endangered Species Act The Consultant will investigate potential effects of the project on Section Seven of the Endangered Species Act. The contractor will examine project footprint plans and conduct a site visit. 7.5 Assumptions: � No effects on Sectioh Seven of the Endangered Species Act will be identified and a no effect determination will be made. Deliverables � No deliverable; the results of the Section Seven investigation will be documented as part of the ECS (Work Element 7.1) SEPA Checklist: SEPA is not required or included in this scope of work. Assumptions: ♦ The project will not require ROW acquisition. Work Element 8 Community and Agency Coordination 8.1 Provide meeting minutes and action items from City arranged project meeting with cooperating agencies. (Assume 1 meeting) Work Element 9 Final Design The Consultant shall provide Final Plans, Specifications and Estimates for review and approval by the City. Plans shall be formatted to provide sufficient detail for convenient �eld layout of all proposed facilities. City standard details and WSDOT standard plans will be supplemented with project specific details as required. The 90% plans and specifications shall be stamped by a licensed Professional Engineer in the State of Washington. Final bid documents will be stamped and signed by a licensed Professional Engineer in the State of Washington. 9.1 9.2 9.3 9.4 9.5 Assemble title and index sheets that would include a vicinity map. Assemble three sheets for symbol and abbreviation legends, general notes Prepare two schematic maps showing survey control monuments location and their coordinate values. Not required for this project. Prepare plans and details for signal modifications at the following intersections: ♦ 1 St Avenue S at S 320"' Street City of Federal Way City Safety Design Services Page 5 of 6 KPG 10/29/2012 ♦ 21 St Avenue SW at SW 320th Street ♦ 11 th Place S at S 320th Street ♦ 8tn Avenue SW at SW 356th Street ♦ 8tn Avenue S at S 320�' Street ♦ SR 161 at S 352nd Street ♦ 6t" Avenue SW at SW Campus Drive ♦ 20�" Avenue S at S 312�' Street ♦ 1 st Avenue S at S 356th Street ♦ Weyerhaeuser Way S at S 320th Street 9.6 Perform 90% and Final Document Design quantity take-offs and opinion of costs. 9.7 Prepare contract specifications for the 90% and Final Document submittals based on current WSDOT/APWA standards (English), applicable amendments to the curcent WSDOT/APWA standards and applicable LAG standards. Work Element 10 Plan Production 10.1 Assemble and submit plans and specifications for 90 percent, and Final Document levels of design. • One full size set of plans • 6 half-size sets of plans (11x17), including one unbound original • 6 copies of specifcations, including one unbound original • 6 copies of the opinion of cost 10.2 Assemble and coordinate the printing of 50 sets of half-size contract plans, 50 sets of specifications for bidding and 6 full size sets of plans. Sheet List Title/index Legend, Abbreviations General Notes Signal Modifications Details (1 sheet) (1 sheet) (10 sheets) 2 sheets TOTAL = 14 sheets Work Element 11 Assistance During Bidding 11.1 Prepare addenda and respond to bidders questions relayed through the City. It is assumed that the CONSULTANT will prepare three (3) addenda. City of Federal Way City Safety Design Services Page 6 of 6 KPG 10/29/2012 EXHIBIT "C" Electronic Exchange of Engineering and Other Data Electronic Deliverables include digital photos (jpg), scanned or electronic documents (pdf, doc, xls, etc.), Contractor baseline and progress schedules (if provided by the Contractor in mpp). Data is to be transferred by e-mail, CD, or FTP site(s). Agency OS is Windows 7 Enterprise, Agency e-mail softwaxe is Microsoft Outlook 2010, Software Suite is MS Office 2010. Exhibit D-2 Payment (Cost Plus a Fixed Fee) The CONSLTLTANT 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: Payxnent for all consulting services for this PROJECT shall be on the basis of the CONSiILTANT'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 aze 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 payrnent 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 Exhibit "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 6/08 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 andlor 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. 3. 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 CONSiILTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the AGENCY' S Tra:vel 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 include an itemized listing of the charges directly identifiable wh the PROJECT. c. The CONSLTLTANT 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 axnount 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 deiined 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 payrnents will be covered in the final payment, subject to the provisions of Section IX entitled "Termination of Agreement." 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 CONSITLTANT for additional work beyond that already defined in this AGREEMENf. 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 XN, "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 CONSiJLTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other related documents which are required to be fumished 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 speciiically 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. j The payment of any billing will not constitute agreement as to the approp�iateness 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 CONSLTLTANT 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 overpayrnent. '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 avai�able 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. FEE SUMMARY Agency: Project: �Date: EXHIBIT E - 1 KPG ♦ Architecture ♦ Landscape Architecture ♦ Civil Engineering ♦ City of Federal Way City Safety Design Services - CITY WIDE 10/29/2012 Description Estimatad Fee Work Element 1- Project Management Work Element 2- Quality Control/Quality Assurance Work Element 3- Aerial Mapping and Right of Way Tie-In Work Element 4- Utiliry Mapping Work Element 5- Geotechnical Report Work Element 6- Preliminary Layout and Estimate Work Element 7 - Environmental Work Element 8- Community and Agency Coordination Work Element 9- Final Design Work Element 10 - Plan Production Work. Element 11 - Assistance During Bidding $4,273.96 $3,372.98 $6,998.70 $0.00 $0.00 $15,279.87 $6,008.88 $1,180.18 $21,414.02 $4,314.35 $2,269.89 Total Estimated Fee � r� • City of Federal Way Page 1 of 1 KPG City Safety Design Services HOUR AND FEE ESTIMATE Agency: City of Federal Way Project: City Safety Design Services - CITY WIDE Date: 10128/2012 EXHIBiT E -1 KPG ♦ Arctiftcccurc ♦ I.and�sca�� Arul'�itucwra; ♦ C':v�l l:n�ino�-r�nµ ♦ � � I i ' Senior � Project I Proj Engr � Design engr ; Survey , ' i Task Description Engineer ; Manager ! Proj. Surveyor i Surveyor j crew ; Technician j Cierical j Direct i Overhead � Profit I Effective multiplier $ 68.15 '$ 44.71 ;$ 42.91 '$ 36.35 ;$ 48.87 I$ 28.85 $ 22.71 Hours � Labor Cost ; 145.78% � 30% ! 2.7578 Work Element 7- Pro'ect Mana ement 1.1 Project management administrative services 1 5 0 0 0 0 5 11 i 405 � 591 _ 122 $ 1,117.60 L2 Overall Project mana�ement 1 S 0 0 0 0 3 12t 494� 720 148 $ 1,362.24 -' _- - -- 1.3 City staff coordination meetings (5) 5 5 0 0 0 0 3 ' 131 _ 632� 922' 190 $ 1,744.12 _ , _. , _ _ _._ _ Reimbursable ex enses - see breakdown for details ' � $ 50.00 Task Totals 7 18 0 0 0 ', 0 , 11 36 i 1,532 I 2,233 459 E 4,273.96 Work Element 2- Quality ControllQuality Assurance 2.1 Field review of base maps for accuracy i 1 r 2 � 2 � 0 � 0 � 2 2.2 Geotechnical review � 1 � 0 0 i 0 0 i 0 2.3 Review 90% plans, specs, and estimate 2 ' 4 0 0 ' 0 0 2.4 Review 100% plans, specs, and estimate 2 9 0 ' 0 { 0 , 0_ Reimbursable ex�enses - see breakdown for details Task Total 6 0 2 0 � 7' 301 439 90 $ 830.35 _____ _ _ . 0 1 t 68 i 99 . 20 $ 187.94 0 6',r 315, . 459' 95 $ 869.09 0 ! 11 ` . 539 �. 785' 162 $ 1,485.60 T_ _ _ , __._ ._ $ _ 0 25 . 7.223 , 1,783 367 S 3,372.98 ork Element 3- Aerial Ma in and Ri ht of Wa Tie-In 3.1 Ac uire Aerials 0 0 0 0 0 0 ' 2 2 45 66 14 $ 125.26 Q _ _ _ 3.2 Research Records ; 0 � 0 � 2 3 6 0 0 ' 11 � 488 712' 146 $ 1,346.05 3.3 Bring survey into aerial base map 0 , 0 2 3 6 0 0 11 � 488 712; 146 $ _ 1,346.05 3.4 Locate utility paint marks in aerial base map 0 0 2 2 6 3 0 13' S38 i 785 161 $ 1,484.50 3.5 Acquire title reports � 0 � � � 2 � 1 � 5 0 � 1 9� .389� 567 117 $ _ 1,073.42 _ 3.6 Calculations 0 � 0 ~ 2 � 1 � 5 � 0 � 1 9� 389� 567' 117 $ 1,073.42 . _ _ _ . _ _ - � __- , _ __ __ . Reimbursable ex enses - see breakdown for details $ 550.00 T�Q4 T...fl� n n �n �n 2a 3 ' d 55 2.338 , 3.409 702 S 6.998.70 Work Element 4- Utility Mapping NOT REQUIRED FOR THIS PROJECT 4.1 Coordinate field utility locates �, 0 r 0 0 0 � 4.2 Request utility company as builts 0 0 0 0 _ _ _ __ . _ � _ _ , Reimbursable expenses - see breakdown for details � � F j i Task Total 0 0 0 ' 0 ' 0 0 0 0_ , _ ___ � _':_ Q 0 0 I 0 Work Element 5- Geotechnical Report NOT REQUIRED FOR THIS PROJECT 5.1 Reconnaissance and expbration plannin� 0 � 0 � 0 � 0 F 0 i 0_� 52 Field Expbrations and lab testin� 0 0 0 0 I 0 0 _� 5.3 Geotechnical engineerin� analysis _ 0 0 � 0 � 0 ~ 0 � 0 �, i I 5.4 Geotechnical Report h 0 � 0 0 0 0 0 _ _. ___.: _ _ _ fi _ _-- - ___ ,-__._ ._ _. _.__ -- Reimbursable expenses - see breakdown for details ' Task Total � 0 ~ 0-;_ 0 � 0 � 0 � 0 0 0j_ _ 0 Oj. 0 $ '_ .0� __._ 0. 01_ � $ . ' $ - . _ _ . S - C�� �" 0 O+ 0 $ . '. _ 01 Ol � $ - 0� 01 0 $ - 0+ 0 � 0 $ _ - _ � - r. Ciry of Federa/ Way Page 1 of 3 KPG City Safety Design Services HOUR AND FEE ESTIMATE Agency: City of Federal Way Project: City Safety Design Services - CITY WIDE Date: 10/2912012 Task Descriptlon EXHIBIT E - 1 KPG ♦ Ahhitcmurn ♦ Landesaapv Arcluana:wrc � C:ivil tn![�����•--rinp, ♦ i � i Senior ', Project ; Proj Engr ! Design engr , Survey i i ' Engineer Manager � Proj. Surveyw � Surveyor � crew � Technician � Clerical � Direct , Overfiead Profit Effective multipiier $ 68.15 '$ 44.71 I, $ 42.91 ', $ 36.35 ;$ 48.87 �$ 28.85 �$ 2271 Hours I Labor Cost , 14578% , 30�0 2.7578 ♦vre oesmvm v- rrounmm� �a vua aau cau�naus 6.1 Compile and review existing data 0 2 , 2 0 0 2 2 8� 278 406 84 $ 767.66 . _ 6.2 Review signal as-built information provided by the City. ' 1 0 3 0 0 9 0 13 i 457 666 137 $ 1,259.02 6.3 MeetwithKin�CountyStaffforfieldvisits 0 10 38 0 0 55 ' 0 103� 3,664 5,342 1,099 $ 10,105.77 6A Prepare preliminary plan and estimate of cost 0 2 0 0 0 33 2 37� 1,087� 1,584 326 $ 2,997.43 Reimbursable ex enses - see breakdown for details � � $ 150.00 Task Total 1 14 43 0 0 99 4 761 ' 5.486 !, 7.998 ' 1.646 3 15.279.87 Work Element 7 - Environmental 7.1 Prepare ECS 0 1 1 7.2 Prepare BEIECS No effects letter 0 1 1 7.3 Section 106 documentation � 0 � 1 } 1__ 7.4 Section Seven evaluaUon 0 1 1 7.5 Prepare SEPA Checklist 0 0 ' 0 _ , - - _. Reimbursable expenses - see breakdown for details i Task Total 0 4 4 'ork Element 8- Community and Agency Coordination 8.1 Agency Coordination meeting and minutes (1 mtg) 2 3 Reimbursable expenses - see breakdown for details Task Total 0 ' 0 1 0 0 � 0 0 0 1 0 i 0 � 0 0 0 0 0 { 3!, 116� 170 35 $ 321.20 0 2! 88 128� 26 $. 241.64 3 116 170' 35 $ 321.20 -, _ _ _ 0 2r 88� 128 26 $ 241.64 0 _Oi _ 0, ._. p; 0 $ _ _ _ r _ _ _ __ .r ___ _ __ . $ 4,883.20 0 10 I 408 ' 595 722 S 6,008.88 . i __ j __ 374F_ 545 112 $ 1,030.18 0 0 ._ l , _ . $ 150.00 0 . 0 0 2 I 2 � 9 I 374 � 545 � 172 S 1.180.18 Work Element 9- Final Desi n 9.1 TiUe/Index Sheets 0 2 0 0 0 ! 3 0 5: 176 257 53 $ 485.29 _ __, . . . 9.2 NoteslLegends/Abbreviations sheet 0 � 2 � 0 r 0 � 0 � 3 F 0 + 5' 176 257' S3 $ 485.29 _ . , - 9.3 Survey control plans 0 0 0 0 ' 0 ' 0 0 0 0 0' 0$ -_ 9.5 Signal Modificatontplans and details Pro'ect O , 9 $ � '" 0 � 83 � 0 1074 3,395 4,949;_ 1,018 $ 9,361 82 9 9 P ( Q 1) 9.6 Perform 90 /o and Final EsUmate of Cost 1 ' 2 3 6 0 7 0 19! 706 1,030, 212 $ 1,947.97 ° . __ _ , _ 9.7 Prepare contract specificaGons for 90 /o and Final 1 5 , 35 . 11 0_ 35 0 87'r 3,203 4,670' 961 $ 8,833.65 Reimbursable ex enses - see breakdown for details � $ 300.00 7ask Tota1 2 20 46 24 ' 0 131 0 223 I, 7,656 ', 17,161 , 2,297 s 21,414.02 Crty of Federal Way Page 2 of 3 KPG Ciry Safety Design Services HOUR AND FEE ESTIMATE Agency: City of Federal Way Project: City Safety Design Services - CITY WIDE Date: 10f28/2012 EXHIBIT E -1 KPG ♦ Architca:turc • LanducaEx- Ara;li�lucauru • L'�vil LnK����'�'rin� ♦ Senior i Project � Proj Engr � Design engr G Survey � � i Task Description Engineer � Manager ; Proj. Sixveyor � Surveyor I crew Technician Clerical j Direct � Overhead i Profit i Effective multiplier $ 68.15 ', $ 44.71 ;$ 42.91 I$ 36.35 $ 48.87 ;.$ 28.85 $ 22.71 Hours ' Labor Cost i 145.789�0 , 30% ' 27578 Work Element 10 - Plan Production 10.1 Assemble submittals for 90%, Final PSE 0 2 0 6 ' 0 6 ' 12 26 753� 1,098 226 $ 2,077.01 10.2 Assemble Bid Documents and provide final printlng ,^ 0 � 2 � 0 r 2 * 0 � 3 F 12 � 19r 521 t 760 156 $ 1,437.34 Reimbursable ex nses - see breakdown for details � � ' � $ 800.00 Task Total 0 4 0 8 ', 0 ' 9___ ._ 24 _ 45 7,274 '! 1,858 ' 382 E 4.314.35 WVfR Cltll�itlll[ 1 1'/'13SIiiW114tl VY�III p1Y4111 11.1 Prepare Addenda and respond to questions 0 2 3 9 0 9 0 23 i 805 1,173 241 $ 2,219.89 ,. , _ , . . .. - - -' - . , _ __ __ Reimbursable ex nses - see breakdown for details $ 50.00 Task Total 0 2 3 ' 9 0 9 ' 0 23 805 1,173 241 3 2,269.89 TOTAL HOURS AND TOTAL ESTIMATED FEE 18 80 ' 708 ' 51 ; 28 257 I 45 ; 587 , 21096.39 ; 30754.32 j 6328.92 I a65,112.82 0 City of Federal Way Page 3 of 3 KPG City Safery Design Services EXHIBIT E -1 HOUR AND FEE ESTIMATE Agency: City of Federal Way Project: City Safety Design Services - CITY WIDE Date 10/29/2012 Reimbursable Breakdown KPG ♦ Architecture ♦ Landscape Architecture ♦ Civil Enginoering ♦ Work Element 1- Project Mana�ement _ _ _ __ _ _ _ __ _. Mileage _ . $ - _ _ . Reproduction $ 50.00 Task 1- Total S 50.00 Work Element 2- Qualit�r ControtlQuality Assurance _ . _ ._ . Mileage $ - _ _ Reproduction $ - Task 2 - Total S - Work Element 3- Aerial Mapping and Right of Way Tie-In _ _ ___ _ _ _ _ ._ _ _ Mileage $ 50.00 _ _ Aerial Purchase $ 500.00 __ __ _ . . _ _ $ - Task 3- Total S 550.00 Work Element 4- Utility Mapping NOT REQUIRED FOR THIS PROJECT _ _ _ _ _ . _ Mileage $ - _ . _ _ _ _ . --. _ Reproduction $ - _ _. _ ._ __ Utility locate allowance $ - Task 4 - Total 3 - Work Element 5- Geotechnical Report NOT REQUIRED FOR THIS PROJECT City of Federal Way Page 1 of 3 KPG City Safety Design Services EXHIBIT E -1 HOUR AND FEE ES�IMATE Agency: City of Federal Way Project: City Safety Design Services - CITY WIDE Date 70/2912012 K p'G ♦ .�ret►iteacure ♦ Landscapa Architecture � Civil Engineering ♦ Reimbursable Breakdown Mileage _ _ . _ $ ' _ _ _ Reproduction _ _ _ _ $ ' Task 5 - Total S - Work Element 6- Preliminary Layout and Estimate . _ __ _ _ _ Mileage _ $ 50.00 Reproduction $ 100.00 Task 6- Total a 150.00 Work Element 7 - Environmental _ _ _ _ _ _ Mileage _ _ . _ __ _ __ _ $ _ - _ . Reproduction _ _. _ - $ - Widener and Associates - NEPA documentation $4,883.20 Task 7- Total s 4,883.20 Work Element 8- Community and l�ency Coordination Mileage _ _ $ . 50.00 _ _ _ Reproduction . . _ $ 100.00 Task 8 - Total $ 150.00 City of Federa/ Way Page 2 of 3 KPG City Safety Design Services EXHIBIT E - 1 HOUR AND FEE ESTIMATE �ency: City of Federal Way Project: City Safety Design Services - CITY WIDE Date 10/29/2012 Reimbursable Breakdown KPG ♦ A�hitecture ♦ Land�cape Arohit�ture ♦ Civil Engineering ♦ Work Element 9- Final Design _ . Mileage $ 150.00 _ . __ _ _ _ __ _ _ _ _ Reproduction $ 150.00 Task 8- Total S 300.00 Work Element 10 - Plan Production . _ _ __ _ _ Mileage $ - Reproduction $ 800.00 Task 10 - Total S 800.00 Work Element 17 - Assistance During Bidding —_ . _ ._._ __ ___ ._ _ Mileage _ _ _ _ $ - _. _ . _ _. _ __ _ Reproduction $ 50.00 Task 11 - Total S 50.00 Reimbursable Subtotal Administrative fees on reimbursables (0%) TOTAL REIMBURSABLES $ 6,933.20 $ - i 6,933.20 City of Federa/ Way Page 3 of 3 KPG City Safety Design Services �X�� � h , � ,+F:'• � �Washington State Department of Transportation Paula J. Hammond, P.E. Secretary of Transportation August 10, 2012 Susan Rowe KPG, Inc. 753 9�' Ave N Seattle WA, 98109 Re: KPG, Inc. Overhead Schedule Fiscal Year End December 31, 2011 Dear Ms. Rowe: Transportation Buiiding 310 Maple Park Avenue S.E. P.O. Box 47300 Olympia, WA 98504-7300 360-705-7000 TTY: 1-800-833-6388 www.wsdot.wa.gov We have completed a desk review of your overhead schedule for the above referenced . fiscal year. Our review included the documentation provided by KPG, Inc. The reviewed data included, but was not limited to; the schedule of the indirect cost rate, a description of the company, basis of accounting and description of KPG, Inc. accounting system and the basis of indirect costs. Based on our work, we are issuing this letter of review establishing KPG, Inc. overhead rate for the fiscal year ending December 31, 2011 at 145.78% (rate includes Facilities Cost of Capital) of direct labor. Costs billed to actual agreements will still be subject to audit of actual costs. Please check with the WSDOT Consultant Services Office (HQ) and/or the WSDOT Area Consultant Liaison to determine when this reviewed rate will be applicable to your WSD�T agreement�s}. Also, remember that when you provide next year's overhead schedule to our office, you will also need to submit either your internally prepared Compensation Analysis for our review, or use the National Compensation Matrix (NCM) format to prepare your alternate analysis and we will review that. The NCM is a tool that establishes compensation amounts presumed reasonable for certain executive positions. The Compensation Analysis and NCM are described further in the AASHTO Audit Guide, Chapter 7, We will need your Compensation Analysis, or alternative analysis based on use of the NCM, in order to complete our review of your overhead schedule. Ms. Rowe August 10, 2012 Page 2 If you, or any representatives of KPG, Inc. have any questions, please contact Martha Roach, Jeri Sivertson, or Steve McKerney at (360)705-7003. Sincerely, �tG���-- - Martha S. Roach Agreement Compliance Audit Manager MR:ds Enclosures cc: Steve McKerney, Director of Internal Audit Jeri Sivertson, Assistant Director of Internal Audit Larry S+chofield, MS 47323 File KPG, Inc. 2011 Overhead Schedule For FY Ending December 31st, 2011 Financial Statement Accepted Description Amount KPG Adj. _�'SDOT Adj. Ref. Amount % Direct Labor Fringe Benefits: Vacation, Sick, & Holiday Payroll Taxes Health Insurance Workers' Comp. Insurance �Ioliday Bonus Profit Sharing (401-k) Total Fringe Benefits General Overhead: Indirect Labor Bid & Proposal Labor Accounting & Legal Automobile Bank Charge Donations Conferences Organizations Publications Employee Services Interest Licenses Meals IT - Computer IT - Telephone IT - Training Office Supplies Payroll Services Postage & Delivery Printing Recruiting Costs Rent Repairs & Maintenance Shareholder Buyout Survey Taxes & Insurance Travel Utilities Depreciation Total General Overhead Total Overhead Costs Overhead Rate (Less FCC) $2,817,914 $3,600 Q $2,8�1,514 100.00% $556,434 252,650 131,345 466,347 19,953 6,100 (6,100) 73,279 $1,374,762 $0 $125,245 $1,155,440 ($5,139) ($140,386) 318,208 31,829 (12,475) 8,400 90,792 (29,081) (28,118) 6 2,350 (2,350) 16,493 (2,680) 22,259 (78) 5,027 52,297 (52,297) 6,365 (6,365) 7,804 42,499 (42,499) 121,894 101,895 (1,055) 15,738 15,986 52,'745 6,653 3,274 4,002 311 547,488 (270,210) (32,006) 60,173 94,086 (18,650) (75,436) 46,150 405,108 (20,968) � 8,396 (8,396) 36,211 146,622 (88,959) $3,402,361 ($508,904) ($304,105) $4,777,123 ($�08,904) ($178,860) 169.53% 151.47% Page 1 Q M A,N F, T B, O J D,J,L E P G H D,Q K, R G,S C H $556,434 19.72% 383,995 13.61% 466,347 16.53% 19,953 0.71% 0 0.00% 73,279 2.60% $1,500,007 53.16% $1,009,915 35.79% 318,208 11.28% 27,754 0.98% 33,593 1.19% 6 0.00% 0 0.00% 1�,813 0.49% 22,181 0.79% 5,027 0.18% (0) 0.00% 0 O.QO% 7,804 0.28% 0 0.00% 121,894 432% 116,577 4.13% 15,986 0.57% 52,745 1.87% 6,653 0.24% 3,274 0.12% 4,002 0.14% 311 0.01% 245,272 8.69% 60,173 2.13% 0 0.00% 46,150 1.64% 384,(40 13.61% (0) 0.00% 36,211 � 1.28% 57,663 2.04% $2,589,�52 9L77% $4,089,359 144.93% 144.93% KPG, Inc. 2011 Overhead Schedule For FY Ending December 31st, 2011 Financiat Statement Accepted Description Amount KPG Adj. �'SDOT Adj. Ref. Amount % Facilities Cost of Capital $23,756 0.84% $4,ll3,115 Overhead Rate (Includes FCC) KPG Corp - Reviewed & Accepted 8/10/2012, MJP "Overhead Rate still subject to WSDOT Audit" References 145.78% KPG Adjustments: A1 Overtime premium unallowable $486 per 48 CFR 22.103-1, 22.103-4(g) A2 Severance pay unallowable $4,653 B Mixed use auto allowances ? 1/2 of $58,161 per 48 CFR 31.205-6 (m) (2) and 31.205-46 (d) C Key person life insurance unallowable $20,968 per 48 CFR 31.205-19(e)(2)(v). D 1 Advertising unallowable (1/2 page ad) $225 per CFR 31.205-1 D2 Advertising unallowable (yellow pages) $1,055 per CFR 31.205-1 E Lobbying unallowable $78 per CFR 31.205-22 F Tax preparation fees unallowable $12,475 per 48 CFR 31.205-41 (b) (1), 31.201-6 (a), S-Corp G1 Interest unallowable $6,365 per 48 CFR 31.205-20. G2 Interest unallowable $18,650 per 48 CFR 31.205-20. H 1 Inadequate supporting documentation unallowable (meals) $42,499 • H2 Inadequate supporting documentation unallowable (travel) $8,396 I Accelerated depreciation unallowable $88,959 71 Donations Unailowable $2,350 J2 Donations Unallowable $560 K Common Control Rent adjustment $270,210 L Entertainment unallowabte (gol� $1,895 WSDOT Adjustmezets: M Bonus is not performance based all employees revived $100 Holiday gift, 48 CFR 31.205-6 (�, AASHTO Chp 7.12 N Two Employee's received $50,000 each of unallowable distributions, payment for Gym, $2,609 is unallowable 48 CFR 31.205-13 (c), medical payment already in fringe benefits $38,263,WSDOT overhead policy expired with OH's for 2009 (see ref A1) $486 now allowable. O Personal use of Auto's unailowable removed 63% of all Auto accounts, per mileage log provided by firm, 48 CFR 31.205-46 (d) P Entertainment, Gifts, Dinners and Gym membership is unallowable 48 CFR 31,205-13 (b), 31.205-14, Q Improper calculation, firm missed $15,738 indirect expense and $3,600 of direct labor, taxes in addition to FICA not expensed in the amount of $131,345 R$32,006 of sub-leased rent received, 48 CFR 31Z01-5 S Organizarion cost of shareholder buyout is unallowable 48 CFR 31.205-6 (i) & 31.205-27 T WSDOT Overhead policy expired with 2009 Overhead, see Ref F, $8,400 tax Prep fee's allowable, $4,075 of S-Corp personal tax Prep still unallowable Page 2 Exhibit G Subcontracted Work The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT: - - . . :�,._�� - - -- ---- - DOT Form 140-089 EF Exhibit G Revised 6/05 Exhibit G1/G2 City of Federal Way Citywide Cost Estimate for Environmental Documentation Project Project Manager Biolo 'st Task 7.1 ECS Draft ECS 2 6 Final ECS 2 4 Task 7.2 BA Review Data Collection and Review 2 6 Field Investigarion 4 4 Task 7.3 Cultural Resource Investigation Section 106 APE 2 6 WSDOT Coordination Section l06 4 4 Total Hours 16 30 Summary Hours Rate Cost Project Manager 16 $140.00 $2,240.00 Project Bioiogist 30 $86.80 $2,604.00 TOTAL ESTIMATED COST 54,844.00 Assutnes client ovides exhibits/ lan and descri tion of 'ect activities. Assumes a no effect for ESA Assumes an ex tion under Section 106 ���;b� �- � -3 Widener & Associates � r? 1 J:Y 32°`r : 4 3�crear� G� Ste � Evet�ert. yY;� 98:: t� �:.;r �' ° November l, 2012 KPG, Inc. 753 9th Avenue N Seattle, WA 98109 Subject: Hourly Rate Statement Dear Richard Hutchinson, Contract Administrator Transportation & Environmental Plannin Tel (�Fl,�) 3=1�-3r�.i9 Fa_r {c{�5) 3d-8-3J �'� Please consider this letter to be a statement of rates for DGK Inc. DBA Widener & Associates (Widener). It covers consulting work for; City of Federa/ Way Public Works on issues related to environmenta/ permitting and coordination for this project. "COFW Safety ProjecY' Widener is a five-person firm with no calculated overhead rate. We charge a flat hourly fee for services that is all-incfusive of direct salary, overhead and fee. The hourly fees offered for this contract are the lowest fees we offer for preferred clients. I also confirm that all direct nonsalary costs will be invoiced without mark-up. • Project Manager - $140.00 • Biologist - $86.80 We appreciate the opportunity to work with you on this project. If you have any questions or need additional information, please call at 425-503-3629. Sincerely, G � Ross L Widener Vice President WIDENER & ASSOCIATES 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 "REGiJLATIONS"), 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 REGiILATIONS relative to non-discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports: The CONSi1LTANT 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 deternuned 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. 5. Sanctions for Non-compliance: In the event of the CONSiJLTANT' 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 CONSiJLTANT 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. Exhibifi I Payment Upon Termination of Agreement By the Agency Other Than for Fault of the Consultant (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 Suxn 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 Pius 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 fmal payment shall be made to the CONSLTLTANT for actual hours charged 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 imal payment shall be made to the CONSULTANT for actual units of work completed at the time of termination of this AGREEMENT. DOT Fortn 140-089 EF F�chibit I Revised 6J05 Exhibit J Alieged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of caxe. 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 fiznded 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 Consulta,nt 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 �rror(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 F�chibit 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 Offce 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 classiiication 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 direc� labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and • Explanation as to why t�ie 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 further action in needed regarding the claim procedures. DOT Fortn 140-089 EF Exhibit K Revised 6/05 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 prepaxe 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 consultant's claim(s). Include the fmal 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 fmal payment for the agreement is subject to audit. I hereby certify that I am representative of the firm of Exhibit M-1(a) Certification Of Consultant �- 1�t�-�1ti1 c i P� � KPG PS Project No. Local Agency and duly authorized whose address is '� S� R� ��,c J� ,�.i S�E, �g l o� and that neither I nor the above firm I here represent has: (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 Af REEMENf; except as hereby expressly stateci (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. J �L� � /� 1'� Date DOT Form 140-089 EF Exhibit M-1(a) Revised 6/05 �o ""'— � Signature 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 IIighway 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. CITY OF FEDERAL WAY Date Skip Priest Mayar 33325 8�` Avenue S Federal Way, WA 98003-6325 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, falsiiication 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 (n (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 certiiication, such prospective participant shall attach an explanation to this proposal. Consultant (Firm): KPG PS 2-� I "7 � �--d i z � � (Date) (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 certi�cation 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 PS Z `� � / 'Lo i':— �� �.....— (Date) (Signature) 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 speeific identification in writing, to the contracting officer or to the contracting officer's representative in support of C(,�-L{ IJ+n � S�b...T-( ('�P , /1•�J�c.�- * are accurate, complete, and current as of �-Z / �/ ta t'L **. This certification includes the cost 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 PS Name �: C-�, S J...� 'Zj ,�' �, S Title (' � sl a �f T Date of Execution*** ( �" � � � / �'� � � * 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 yeaz 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 Exhibit M-4 Revised 6/05 �°►coRO° CERTIFICATE OF LIABILITY INSURANCE �AT,2izono,2 � THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Phone: (380) 59&3700 Fax: (360) 59&3703 coNrncr MICHAEL J. HALL & COMPANY � MICHAEL J. HALL & COMPANY PHONE � HALL & COMPANY ,vc No e�n: (360) 598-3700 ,,,�� �; (360) 598-3703 E-MAIL 1966010TH AVENUE N.E. nooaess: POULSBO WA 98370 INSURER�S) AFFORDING COVERA6E NAIC #� INSURERA : Ufld@iWilteiS 8t LIOyiI's, London KPG Inc 753 9Th Ave N Seattle, WA 98109-4309 �r,suReR B: The Travelers Indemnity Company 25658 �n,suReR c: The Charter Oak Fire Insurance Company 25615 INSURER D: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 175505 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. iNSR 7ypE OF INSURANCE ADD'L sueR pOLICY NUMBER POUCV eFF POLICV EXP LIMITS LTR INSR WVD MMI M B 6ENERAI LIABILITY 6803947N451 �s/Di/i2 �s/�i�1$ EACHOCCURRENCE $ i��0�,�� X COMMERCIAL GENERAL LIABILITY pR MISES Ea occurence) S SOO�OIIO CLAIMS-MADE (� OCCUR MED. EXP (Any one person) $ S,�O X XCU, BFPD, OCP PERSONAL 8 ADV INJURY $ 'I �OOO�OOO �� X Separatlon of Insureds � GENERAL AGGREGATE $ 2,���,��� GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ Y�OOO�OOO POLICY X PR� LOC $ JECT C AUTOMOBIIE LIABILITY BA4017N714 06/01/12 06/01/13 °E°,a�a M)INGIELIMIT $ 1,000,000 J( ANY AUTO BODILY INJURY (Per person) $ ' ALL OWNED SCHEDULED BODILY INJURY (Per accitlent) $ AUTOS AUTOS X HIRED AUTOS X NONAWNED PROPER7V DAMAGE $ AUTOS (per ecddeM) $ B X UMBRELLA LiAe X OCCUR CUP379T032 O��i��Z 06/07/13 EACHOCCURRENCE $ $,���0�� EXCE39 LIAB CLAIMS-MAOE AGGREGATE $ S�OOO�OOO DED RETENTION $ $ B WORKERS COMPENSATION 6803947N457 Q�0���2 06J01h3 �STATU- OTH AND EMPLOYERS' LIABILITY TORY LIMITS X ER E WA Stop Gap ANY PROPRIETOR/PARTNERIEXECUTIVE Y� N E.L. EACH ACCIDENT $ ��OOO�OOO OFFICERIMEMBER EXCLUDED4 � N � A � E.l. DISEASE-EA EMPLOYEE $ 'I �OOO�OOO (Mandstory In NM) �� Ityea, dencr�be unaer E.L. DISEASE-POLICY LIMIT $ i,(wO�OOO DESCRIPTION OF OPERATIONS bebw /\ Professional Liabiliry: Claims Made Fortn 1147823385/012 � 06/01112 06/01/13 51,000,000 Per CIa1m Retro: E1,000,000 /+ggregate June 1,1994 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 707, Additlonal Remarks Sehedule, H more space Is requlred) Project: (12066) Citywide Safety Improvement Project Design Services City of Federal Way is an Additional Insured on the Commercial General Liability and Auto Liability when required by written controct or agreement regarding activities by or on behalf of the Named Insured. The Commercial General Liability Insurance is primary insurance and any other Insurance maintained by the Additional Insured shall be excess only and non-contrlbuting with tt�is insurance. A waiver of subrogation applies to the Commercial General Liability, Auto Liability, Umbrella / Excess Liability and WA Stop Gap / Employers Liability in favor of the Additional Insured CERTIFICATE HOLDER CANCELLATION City of Federal Way 33325 8th Avenue South Federal Way WA 98003-6325 Attention: John Mulkey, PE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELNERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE �//%;� /�- i1�Y�w7/ � Ashlev L. Hurd ACORD 25 (2010/OS) v �aaa-cu�� The ACORD name and logo are registered marks of ACORD Corporations: Registration Detail Corporations and Charities Division Page 1 of 2 Contact Us � Connect �.pt.� � SEARCH Corporations Home I Nonprofit Home � Charities Home I Awards � Public Notices � Contact Info Corporation Detail 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 information. While every effort is made to ensure the accuracy of this informarion, portions may be incorrect or not current. Any person or entity who relies on information obtained from the System dces so at his or her own risk. All documents filed with the Corporations Division are considered public record. KPG, P.S. UBI Number 6oia48468 Category PRO Profit/Nonprofit Profit Active/Inactive Active State Of Incorporation WA WA Filing Date o5/io/i990 Expiration Date os/3i/2oi3 Inactive Date Duration Perpetual Registered Agent Information Agent Name P JOSEPH GIACOBAZZI ��.�s 753 9TH AVE N City SEATTLE State WA ZIP 98io9 Special Address Information Address City State Zip Governing Persons Title Name Address President,Chairman DAVIS , NELSON 753 9TH AVENUE NORTH SEATTLE, WA98io9 753 9TH AVE N Vice President GIACOBAZZI , P JOSEPH SEATTLE , WA 98io9 Secretary,Treasurer FUESEL , PAUL 753 9TH AVENUE NORTH SEATTLE , WA 98io9 Purchase Documents for this Corporation » « Return to Search List http://sos.wa.gov/corps/search_detail.aspx?ubi=601248468 12/20/2012