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AG 13-116RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/Div: PUBLIC WORKS / DTI 1 2. ORIGINATING STAFF PERSON: lei lrQ 1ne I I 1 a Ie( i EXT: X 2-72�J 3. DATE REQ. BY: M- 1-7- aD I3 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT Cl SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG #): 13-IN_ ❑ INTERLOCAL a OTHER 1,l 5. PROJECT NAME: FWL45 � SACAjq\AjeA W� i def! t'l0 n ( 3nr -cdiQ0 6. NAME OF CONTRACTOR: KPC71 Inc ADDRESS: -153 AVe rI -15eaA - e TELEPHONE: aOLo •(�?ao (P40 E -MAIL: FAX: SIGNATURE NAME:- 'DGIV ISM �1�rLSiden--- TITLE: I - den 7. EXHIBITS AND ATTACHMENTS: Cl SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES Cl PRIOR CONTRACT /AMENDMENTS CFW LICENSE # BL, EXP. 12/31/_ UBI # , EXP. —/—/— 8. TERM: COMMENCEMENT DATE: COMPLETION DATE: a /2> l ZaDj 4 p� nn �aq,g41.-15 Del�ina1 Contra+ + *zX1 .54 5upplp�n c tt -*t] 9. TOTAL COMPENSATION: $q�,O&o.2-1 (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: $ -1, 455 ($1a9w Drib t 4 -75WM0 I IS SALES TAX OWED: ❑ YES a NO IF YES, $ PAID BY: ❑ NTRACTOR ❑ CITY ■ PURCHASING: PLEASE CHARGE TO: 30L0 -4-100 - IGO `595-250 -411 10. DOCUMENT / CONTRACT REVIEW a PROJECT MANAGER ❑ DIVISION MANAGER a DEPUTY DIRECTOR ■ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ® LAW DEPT 11. COUNCIL APPROVAL (IF APPLICABLE) INITIAL/ DATE REVIEWED - 2 COMMITTEE APPROVAL DATE: M/A 12. CONTRACT SIGNATURE ROUTING r2/ ❑ SENTTO VENDOR/CONTRACTOR DATE SENT: I / 1 ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS INITIAL / DATE SIGNED ADEPT SIGNATORY (MAYOR OR DIRECTOR) CITY CLERK_ %SENT:* ASSIGNED AG # AG# SIGNED COPY RETURNED DATE RETURN ONE ORIGINAL COMMENTS: EXECUTE '`2" ORIGINALS INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: NIA DATE REC'D: ILI /L. Adft Washington State 0 Department of Transportation Supplemental Agreement p p g Organization and Address City of Federal Way Number # 1 33325 8th Ave S Federal Way, WA 98003 Original Agreement Number AG #13 -116 Phone: 253.835.2723 (Christine Mullen, P.E.) Project Number Execution Date Completion Date Project Title New Maximum Amount Payable FWHS and Sacajawea MS Pedestrian Connection $ 93,086.29 Description of Work Preparation of right -of -entry exhibits for school district property The Local Agency of City of Federal Way desires to supplement the agreement entered into with KPG, Inc. and executed on 05/21/2013 and identified as Agreement No. AG 13 -116 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 1, SCOPE OF WORK, is hereby changed to read: 11 Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: No change III Section V, PAYMENT, shall be amended as follows: See attached snnnlemental Exhibits F & F. -1 n U9,947-75 (original contract amount) +!0, 1 IR 54 (thic qupnlement) =; 93,OR6 ?9 (revised contract amount) as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the appropriate spaces below and return to this office for final action. By: KPCT, Inc_ (Nelson Davis, President) By: Consultant Signature DOT Form 140 -063 EF Revised 9/2005 -:S; m Fe -r(L1 1 �- Priett, Mai nr roving Authority Signature Cl Z© 14 ►'�w C-r �1 (� ate EXHIBIT A -1 City of Federal Way Federal Way High and Sacajawea Middle School Pedestrian Connection Safe Routes to School Supplement No. 1 Budget Adjustment for Right of Entry Changes KPG Scope of Work November 18, 2013 Purpose The purpose of this supplement is to provide a budget adjustment for the work effort required for the requested right of entry exhibits. This is necessary to support access onto property during construction which includes the following: • Right of Entry onto School District property at the north leg of the intersection of S 308th Street at 10 Avenue S. Adjustments to the original scope of work consist of the following: Scope of Work Work Element 10 — Right of Entry Exhibits Consultant shall prepare additional right of entry exhibits associated with modifications to the north approach of the mini - roundabout at the intersection of S 308th Street at 14th Avenue S. City of Federal Way Page 1 of 1 KPG Pedestrian Connection Safe Routes Supplement No. 1 11/18/2013 - \ % / §a 2! �00 §��$§ W $/ \\ �� } a■ � 2 !' ® 2U E WGo __ % K ., a. C') § 2 / �k r, _ _ ■_ \k §§ § 2) � A CM 0 N )q a� oo 0 g_ 2q 'm o0 0 0 �® �K\ .. o0 C2, CD a / , § ® _ 4�kq \ & LU CO �2# ee 0 0 $ ���U) - / 0 2 [n -- &3 a /kj\ co CD C2, 0 k �B#® § w ' L i% 7@ R -- _ " �£_ LU §� 0 § g \/� 00 0 k J : i■ � � g & LU c ° ■ ° k �e � . £ _ 2 LM � / £ $ � o� ■ 5 m� £ ® ' LU \ =k ■ B § § § A �2LU; OL L L t4, ■� 2 CL f$f£ « w U UU■■ $ §�@ . § )2 -ZE o� ° � L Q § ±i� %• .. ■ v � A� o o « o 3!2 9 a 1 45 ■ ��� EXHIBIT E FEE SUMMARY KIPG ♦ Architecture Landscape Architecture ♦ Civil Engineering Project: City of Federal Way Federal Way High and Sacajawea Middle School Pedestrian Connection Safe Routes to School Supplement No. 1 - Budget Adjustment for Right of Entry Exhibits Description Estimated Fee Work Element 10 - Right of Entry Exhibits $3,138.54 Total Budget Adjustment $3,138.54 City of Federal Way Page 1 of 1 KPG FWH and SMS Ped Connection 411612013 RETURN TO. ExT; ,�: � �) CITY i�F FEDERAL WAY LAW DEPARTMENT ROUTING FORM OR[c[rrATiNG DF�T/Div: PuB�.[c watucs l ORIGINATING STAFF PERSON: C�i� l�}-�ne ///(�(� �'e ii EXT: 3. DATE REQ. BY: TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) � PUBLIC WORKS CONTRACT �7 SMALL OR LIMITED FUBLIC WORKS CONTRACT O PROFESStONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND S�RVICE AGREEMENT ❑ HUMAN SERVICES / CDBG � REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMEANT (AG#): ❑ INTERLOC/�L 1 /�� ,�(� � OTHER �.�(� ��GI Yf (�,�� ��S fi� C OVf 9GN Tsc.S.^l 1"'�i /'« YY1 G Y1 1 _ � 5. PROJECT N NAME OE CONTRACTOR: ADDRESS: '�L �3 Q � ��'�'�1 ��g� O E-MatL: SIGNATURE NAME: iv Q,,L�IM �GLV 1� S TELEPHONE:. �COb"LX(s• �(e"rQ Fax: � p- TITLE: �'�1.AQ.� h0«+ EXHIBITS AND ATTACI-IMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION � INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY T'O SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # BL EXP. 12/31/_ UBI # � E�• � � ,.n� / —V�.� TERM: COMMENCEMEN"C DATE: COMPLETION DATE: �� 3� I� V� TOTAL COMF,ENSATION: $ �-1 .'1�� .�� (INCLUDE EXPENSES ANII SALES TAX, IF ANY) (IF CALCULATED ON HOURLY L�HARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HaO�LIDAY RATES) REIMBURSABLE EXPENSE: �'ES ❑ NO IF YES, MAXINtUM DOLLAR AMOUNT: $ �� � o� IS SALES TAX OWED: ❑ YES �NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CIT� � PURCHASING: PLEASE CHARGE TO: � lo � QO" ���� ���I 10. DOCUMENT / CONTRACT REVIEW `�PROJECT MANAGER �DEPUTY DI CTOR � I�iiI.3 �DIRECTOR �� �(� E) 1�L,aw D�r�r � �5 �3 11. COUNCIL APPROVAL (IF APPLICABLE) � 'o � I.111 ' 1 � :�.�� —�� �� �A ' COMtiIITTEE APPROVAL DATE: 12. C NT CT SIGNATURE ROUTING j SENT TO VENDOR/CONTRACTOR DATE SENT: � � f AiTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICEN ES, EXHIBITS �LAW DEPT 5I SIGNATORY ( AYOR tt DtttECTO�t) Fj��jj �p �� � CITY CLERK L3 � � ASSIGNED AG SIGNED COPY RETURNED �RETURN ONE ORiGINAL CONIMEIYT� F XFf'i (TR " " ORIGINALS INITIAL / DATE SIGNED .�✓ � a�# 13- t Le DATE SENT: . •Z� •I`�— IMTIAL / DATE APPROVED COUNCIL APPROVAL DATE: DATE REC'D:��_ CITY OF �., Federal Wa .� y City of Federal Way • Public Works Department 33325 8"' Avenue South • Federal Way, WA 98003 Phone 253-835-2700 • Fax 253-835-2709 • www.citvoffederalwav.com LETTER OF TRANSMITTAL Date: May 1, 2013 To: Mr. Nelson Davis, Principal From: Darlene LeMaster, Administrative Assistant to KPG, Inc. Christine Mullen, P.E., Street Systems Project Engineer 753 Ninth Avenue North Seattle, WA 98109 RE: Local Agency Agreement — Federal Way High and Sacajawea Middle School Pedestrian Connection 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 Local Agency Agreements for the Federal Way High and Sacajawea Middle School Pedestrian Connection 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 � �� *�;. � � &, � ��. � � Qti,a, f , "4 �5; �th A°e°°e,�«h �,» N�ad�°�Y. sw�e 5°t MAY 16 2013 TRANSMITTAL FORM KPG,�«���-A��,�� I,a��ma,,r�y��,z Phone: 20G286.1G40 Phone:253.G27.0720 P�R�� � ������ �ORKS SEATT LE • iACOMA Fax: 206.2H6.tG39 r�;: zsa.ezza�aa ENGINEERS • ARCHITECTJ • LANL�SC:.AI'E ARCHITECTS • SURVEYOftS p�P������T To: City of Federal WaX Public Works Department 3325 8`'' Avenue S Federal Way WA 98003 Attention: Darlene LeMaster / Christine Mullen. P.E. The Following: � � ■ � /''�. Copies: 2 Construction Drawings Specifications Shop Drawings Change Order See Below Comments: Date: May 2013 No: � � /1 � ■ Date: May 15. 2013 Subject: Local Agency Agreement Federal Way Hi�h and Sacajawea Middle School Pedestrian Connection Review and Comment Approval As Requested Use and Files Action Noted Below Description: Siened Local A�encX A�reement Please let me know if you need additional information. �L �O-� I � . Signed, . Nelson Davis �questions please call 206-286-1640) Local Agency � ConsultanUAddress/Telephone KPG, Inc. Standard Consultant � 753 9th Avenue N Agreement Seattle, WA 98109 � Architectural/Engineering Agreement 206-286-1640 ❑ Personal Services Agreement Agreement Number _____ Project Title And Work Description Federal Aid Number Federal Way High and Sacajawea Middle School Pedestrian Connection ------ __ Agreement Type (Choose one) Provide Consultant services for the Design for FW High ❑ Lump Sum and Sacajawea Middle School Pedestrian Connection on Lump Sum Amount $ 14th Ave S from S 312th Street to S 308th Street and on -- S 308th Street from 14th Ave S to SR 99 � Cost Plus Fixed Fee Overhead Progress Payment Rate % -- --- -- ---- Overhead Cost Method DBE Participation ❑ Yes � No % ❑ Actual Cost - - --- --_ - - Federal ID Number or Social Security Number ❑ Actual Cost Not To Exceed % � Fixed Overhead Rate 145.78 % Do you require a 1099 for IRS? �Completion Date Fixed Fee $ 9,025.00 ❑ Yes � No ; March 31, 2014 ❑ Specific Rates Of Pay Total Amount Authorized $ 89,947.75 ❑ Negotiated Hourly Rate Management Reserve Fund $ ❑ Provisiona! Hourly Rate ❑ Cost Per Unit of Work Maximum Amount Payable $_ _ 89,947.75 (ndex of Exhibits (Check all that apply): � Exhibit A-1 Scope of Work ❑ Exhibit A-2 Task Order Agreement � Exhibit B-1 DBE Utilization Certification � Exhibit C Electronic Exchange of Data ❑ Exhibit D-1 Payment - Lump Sum � Exhibit D-2 Payment - Cost Plus ❑ Exhibit D-3 Payment - Hourly Rate ❑ Exhibit D-4 Payment - Provisional � Eachibit E-1 Fee - Lump/Fixed/Unit ❑ E�chibit E-2 Fee - Specific Rates � Exhibit F Overhead Cost � Exhibit G Subcontracted Work ❑ E�ibit G-1 Subconsultant Fee ❑ Exhibit G-2 Fee-Sub Specifc Rates ❑ Exhibit G-3 Sub Overhead Cost � Exhibit H Title VI Assurances � Exhibit I Payment Upon Termination of Agreement � Exhibit J Alleged Consultant Design Error Procedures � Exhibit K Consultant Claim Procedures � Exhibit L Liability Insurance Increase � Exhibit M-la Consultant Certification � Exhibit M-lb Agency Official Certification � Exhibit M-2 Certification - Primary � Exhibit M-3 Lobbying Certification � Exhibit M-4 Pricing Data Certification ❑ App. 31.910 Supplemental Signature Page THIS AGREEMENT, made and entered into this o2-� st day of �a ,� 13 , between the Local Agency of City of Federal Way _, Washington, ereinafter called the "AGENCY" and the above organization hereinafter called the "CONSULTANT". DOT Form �40-089 EF Page 1 of 8 Rewsed 3/2008 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 furnish Consulting services to the AGENCY, NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: 1 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 throu;h the AGENCY. The CONSULTANT shall attend coordination, progress and presentation meetings with the AGENCY and/or such Federal, State, Communiry, City or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the work in sufficient detail so that the progress of the work can easily be evaluated. The CONSULTANT, and each SUBCONSULTANT, shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONSULTANT, and each SUBCONSULTANT, shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT-assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the termination of this AGREEMENT. Participation far 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, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C." All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to the CONSULTANT. Page 2 of 8 IV Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under completion date. The established completion time shall not be extended because of any delays amibutable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT. A prior supplemental agreement issued by the AGENCY is required to extend the established completion time. V Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided in 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 3 I. A post audit may be performed on this AGREEMENT. The need for a post audit will be determined by the State Auditor, WSDOT External Audit Office and/or at the request of the AGENCY'S PROJECT Manager. VI Sub-Contracting The AGENCY permits sub-contracts for those items of work as shown in Exhibit "G" attached hereto and by this reference made part of this AGREEMENT. Compensation for this sub-consultant work shall be based on the cost factors shown on Exhibit "G." 'The work of the sub-consultant shall not exceed its maximum amount payable unless a prior written approval has been issued by the AGENCY. Atl reimbursable direct labor, overhead, direct non-salary costs and fixed fee costs for the sub-consultant shall be substantiated in the same manner as outlined in Section V. All sub-contracts shall contain all applicable provisions of this AGREEMENT. With respect to sub-consultant payment, the CONSULTANT shall comply with all applicable sections of the Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.01 I. 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 estabtished by the WSDOT Highways and Local Programs Project Development Engineer in consultation with the AGENCY. VII Employment The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from the AGREEMENT price or consideration ar otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a Page 3 of 8 third party as a consequence of any act or omission on the part of the CONSULTANT'S employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility 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 Department of Transportation, or the STATE, or the AGENCY, except regularly retired employees, without written consent of the public employer of such person. VIII Nondiscrimination During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest agrees to comply with the following laws and regulations: Title VI of the Civil Rights Act of 1964 (42 USC Chapter 21 Subchapter V Section 2000d through 2000d-4a) Federal-aid Highway Act of 1973 (23 USC Chapter 3 Section 324) Rehabilitation Act of 1973 (29 USC Chapter 16 Subchapter V Section 794) Age Discrimination Act of 1975 (42 USC Chapter 76 Section 6101 et seG.) Civil Rights Restoration Act of 1987 (Public Law 100-259) American with Disabilities Act of 1990 (42 USC Chapter 126 Section 12101 et. seq.) 49 CFR Part 21 23 CFR Part 200 RC W 49.60.180 In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "H" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "H" in every sub-contract, inciuding procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY other than far default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT as shown in Exhibit "I" for the type of AGREEMENT used. No payment sha(1 be made for any work completed after ten (10) days following receipt by the CONSULTANT of the Notice to Terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth herein above, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. Page 4 of 8 In such an event, the amount to be paid shali be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth above. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to perform is without the CONSULTANT'S or it's employee's default or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervisory personnel assigned to the PROJECT, or dissolution of the partnership, termination of the corporation, or disaffiliation of the principaliy involved employee, the surviving members of the CONSULTANT hereby agree to complete the work under the terms of this AGREEMENT, if requested to do so by the AGENCY. This subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the AGENCY so chooses. In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the CONSULTANT, with the AGENCY'S concurrence, desire to terminate this AGREEMENT, payment shall be made as set forth in the second paragraph of this section. Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY 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 CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under Section XIV. XI Disputes Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shall 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 sha{1 be subject to de novo judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit "J", and disputes concerning claims will be conducted under the procedures found in Exhibit "K". XII Venue, Appiicable Law, and Personal Jurisdiction In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties to such action shall have the right of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington, situated in the county in which the AGENCY is located. Page 5 of 8 XIII Legal Relations The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this AGREEMENT. This contract shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless from and shall process and defend at its own expense all claims, demands, or suits at taw 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 ( i) claims or suits based upon such negligence (2) the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents or employees. The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor. The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the PROJECT. Subject to the processing of a new sole source, or an acceptable supplemental agreement, the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability and property damage insurance in an aggregate amount not less than�two million dollars ($2,000,000) for bodily injury, including death and 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. T'he CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to the AGENCY. No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this AGREEMENT or one million ($1,000,000) do(lars, 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 AGREEMENT in the services to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the work under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of the AGREEMENT, the AGENCY shall make an equitable adjustment in the (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify the AGREEMENT accordingly. C. The CONSULTANT must submit any "request for equitable adjustmenY', hereafter referred to as "CLAIM", under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of the AGREEMENT. D. Failure to 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 supp(ement 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 Exhibit "M-1(a and b)" are the Certiiications of the CONSULTANT and the AGENCY, Exhibit "M -2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit "M-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "M-4" Certificate of Current Cost or Pricing Data. Exhibit "M-3" is required only in AGREEMENTS over $100,000 and Exhibit "M-4" is required only in AGREEMENTS over $500,000. XVIII Complete Agreement This document and referenced attachments contain a(l 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, Inc. B ..� �r-�-�- Y Nelson Davis Princi�al 753 9` Avenue North Seattle, WA 98109 AGENCY: CITY OF FEDERAL WAY By ip Priest Mayor 33325 8`h Avenue S Federal Way, WA 98003-6325 APPROVED AS TO FORM: � atricia A. Ric ardson, City Attorney DOT Form 140-089 EF Revised 3/2008 Page 8 of 8 EXHIBIT A-1 City of Federal Way Federal Way High and Sacajawea Middle School Pedestrian Connection Safe Routes to School KPG Scope of Work April 22, 2013 Purpose The purpose of the Federal Way High and Sacajawea Middle School Pedestrian Connection Safe Routes to School Project is to improve accessibility and safety of children walking and biking to school. Proposed Improvements Proposed Improvements for Federal Way High and Sacajawea Middle School Pedestrian Connection Safe Routes to School include the following: ♦ ♦ ♦ 5 ft. wide sidewalk, curb, gutter, bicycle/sharrow pavement markin�qs, ADA improved driveway approaches and curb ramps, and planter strips, on 14t Avenue S befinreen 312th Street and S 308t" Street and continuing on S 308�' Street from 14th Avenue S to Pacific Highway S. Installation of street lights on 308th Street from 14th Avenue S to Pacific Highway S. Installation of a mini - roundabout and pedestrian actuated Reetangular Rapid Flashing Beacons at the intersection of 14th Avenue S and S 308th Street. City of Federal Way Page 1 of 8 KPG FWH and SJMS Ped Connection Safe Routes 4/22/2013 Work Element 1 Project Management. The estimated project duration is 9 months. No design work will proceed after completion of the Design Report without written authorization from the City. No design work will proceed after the submittal of the 85% 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 subcontractor 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 ♦ Subcontractor 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 9 monthly 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 30% and 85% approval. ♦ Progress meetings at the City throughout the project duration (estimate 4). 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 Field review completed base maps for completeness and accuracy and incorporate findings. Provide senior review of design report. Provide senior review of 85% Plans, specifications and estimates. 2.4 Provide senior review of 100% Plans, specifications and estimates. Work Element 3 Mapping.- Complete. No additional effort is anticipated. Work Element 4 Utility Mapping Complete. No additional effort is anticipated. City of Federal Way Page 2 of 8 KPG FWH and SJMS Ped Connection Safe Routes 4/22/2013 Work Element 5 Traffic Analysis Report.- 5.1 The City will provide the current 2011 EMME traffic model completed for the year 2013 and the CONSULTANT will review and analyze future proposed project year of opening (2014). The City will provide the design horizon year 2035 EMME/2 traffic model and provide analysis for the design horizon year (2035) traffic conditions during weekday morning and evening peak-hour 5.2 The City will provide capacity and queuing analysis for the intersection of South 308tn Street at 14t" Avenue South. Results of this traffic analysis will be incorporated into the channelization design plan for approval by the City. This memorandum will become the basis for the preliminary roundabout design. 5.3 Compile, prepare and review the Draft and Final TrafFc Analysis Report. Assemble and submit 2 copies (including one unbound original) of the Draft and Final Design Reports to the City. Work Element 6 Geotechnical Report The Consultant shall utilize geotechnical data from the Pacific Highway S Phase IV HOV lanes for structural earth retaining wall parameters near the intersection on S 308t" Street and Pacific Highway South, if required. No additional effort is anticipated. Work Element 7 Design Report Prepare a design report. The report will include the 30% plans and cost opinions for the project. 7.1 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. 7.2 Review as-built and Technical Information Report (TIR) information provided by the City and document the existing storm water facilities within the limits of the project and document applicable stormwater regulations, standards, hydrology and hydraulic design criteria. Identify any SWM projects proposed in the next ten years based on review of the City comprehensive plan and/or discussions with City staff. Document approach to detention and treatment or alternative LID measures in a brief inemorandum for City review and approval. 7.3 Prepare a draft Technical Information Report (TIR) describing the technical information and analysis of the stormwater facilities. The draft TIR will be in accordance wifh City requirements, including, hydrologic calculations, facility design, pipe sizing calculations, and plan view layout as shown on the 30% plans. Responses to the draft TIR will be addressed, resubmitted and approved prior to the submittal of the 85% design. The TIR will be finalized concurrent with final design under work element 11. 7.4 Prepare 30% Plans and estimate preliminary quantities and prepare preliminary opinions of probable cost for construction. City of Federal Way Page 3 of 8 KPG FWH and SJMS Ped Connection Safe Routes 4/22/2013 7.5 Prepare an analysis of preliminary right-of-way requirements based on existing property lines, estimated required takes, easements and changes to current access. Right of way or easement acquisition is not anticipated nor included in this scope of work. The Consultant shall prepare right of entry exhibits for up to 7 parcels if required. Rights of entry will be obtained by the City. 7.6 Compile and prepare the Draft and Final Design Report. 5 bound copies and 1 unbound original will be submitted for the draft and final reports. Work Element 8 Environmental 8.1 Environmental Classification Summary/Documented Categorical Exclusion. The Contractor 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, and a determination of project impacts on cultural resources (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 Federal Way High and Sacajawea Middle School Pedestrian Connection Safe Routes to School 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 copy of the final ECS in Adobe PDF. 8.2 Biological Evaluation (BA) and Essential Fish Habitat Evaluation (EFH). The Contractor 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. We 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. Information on the amount of new impervious surfaces, stormwater detention, and stormwater quality treatment will be based on information provided under Work Element 7. Assumptions: City of Federa/ Way Page 4 of 8 KPG FWH and SJMS Ped Connection Safe Routes 4/22/2013 ♦ 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 no effect BA will be documented as part of the ECS (Work Element 8.1) 8.3 Cultural Resource Investigation. The Contractor 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 Contractor 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. Deliverables: • No deliverable; the results of the Section 106 investigation will be documented as part of the ECS (Work Element 8.1) 8.4 SEPA Checklist, if required, will be through adoption by the City of the NEPA documentation and will require no additional work by the Consultant. Work Element 9 Community and Agency Coordination. 9.1 Provide meeting minutes and action items from City arranged project meetings with cooperating stakeholders, franchise utilities, and agencies (Assume 2 meetings). Provide design coordination with franchise utilities for relocations. Work Element 10 Right of Way Calculations Complete. No additional effort is anticipated. Work Element 11 Final Design The Consultant shall provide Final Plans, Specifications and Estimates for review and approval by the City. Plans shatl 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 85% 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. 11.1 Assemble a title and index sheet that would include a vicinity map. City of Federal Way Page 5 of 8 KPG FWH and SJMS Ped Connection Safe Routes 4/22/2013 11.2 Assemble a sheet for symbol and abbreviation legends, general notes 11.3 Prepare typical sections. 11.4 Prepare detail sheets. 11.5 Prepare a schematic map showing survey control monuments location and their coordinate values. 11.6 Prepare site preparation and erosion control plans. These plans will include all demolition and erosion control, and will provide grading limits. 11.7 Prepare alignment, sidewalk, and grading plans. These plans will include horizontal alignment information and plan views of grading, sidewalk alignment, and ADA ramp and driveway locations, as well as limits of cut/fill required. 11.8 Prepare roadway profile control for the new sidewalk. Roadway centerline will be shown at 25 ft intervals. 11.9 Prepare private driveway plan and profile drawings, 11.10 Prepare channelization and signing plans. These plans will delineate the locations of all pavement markings including lane lines, crosswalks, turn arrows, stop lines, roundabout markings and curb face painting. These plans will also show the locations and sizes of all signs. 11.11 Prepare drainage detail sheets, depicting special or non-standard drainage features. 11.12 Prepare drainage plans and profiles. These plans will include information and plan views of storm drainage system including type, material, size and location of pipes, catch basins, and treatment facilities, if required. 11.13 Prepare final TIR addressing draft TIR comments from the City at the 85% completion submittal. Preparation of a Stormwater Pollution Prevention Plan (SWPPP) is not included in this scope of work. 11.14 Prepare plans and details for mini-roundabout including channelization, curbing, signage and grading and materials. 11.15 Prepare plans for Solar Powered LED Rectangular-shaped Rapid Flashing Beacons at the school zone crossing of S 308th Street and 14t" Avenue S. Prepare sign, pole, and wiring details. 11.16 Prepare wall plans and details. 11.17 Prepare illumination plans and details. 11.18 Perform 85% and 100% Design quantity take-offs and opinion of costs. 11.19 Prepare contract specifications for the 85% and 100% submittals based on current WSDOT/APWA standards (English), applicable amendments to the current City of Federal Way Page 6 of 8 KPG FWH and SJMS Ped Connection Safe Routes 4/22/2013 WSDOT/APWA standards and applicable LAG standards. Work Element 12 Plan Production 12.1 Assemble and submit plans and specifications for 85, and 100 percent levels of design. • One full size set of plans • 6 half-size sets of plans (11x17), including one unbound original • 6 copies of specs, including one unbound original • 6 copies of the opinion of cost 12.2 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. Work Element 13 Assistance During Bidding. 13.1 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 Page 7 of 8 KPG FWH and SJMS Ped Connection Safe Routes 4/22/2013 Sheet List Title/index sheet Legend, Abbreviations General Notes Typical Sections Sidewalk and Curb Details Drainage Details Survey Control Site Preparation and Erosion Control Plans Sidewalk Plan and Profile Drainage Plans and Profiles Channelization and Signing Plans and Details Specialized Sign Details Wall Plan and Details Illumination Plans (1 sheet) (1 sheet) (1 sheet) (1 sheet) (1 sheet) (1 sheet) (4 sheets) (4 sheets) (4 sheets) (4 sheets) (3 sheets) (1 sheet) 2 sheets TOTAL = 28 sheets City of Federa/ Way Page 8 of 8 KPG FWH and SJMS Ped Connection Safe Routes 4/22/2013 Exhibit B-1 DBE Participation Does not apply Exhibit C Electronic Exchange of Engineering and Other Data Electronic Deliverables include digital photos Qpg), 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; Agency e-mail software is Microsoft Outlook 2010; Software Suite is MS Office 2010. Exhibit D-2 Payment (Cost Plus a Fixed Fee) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work specified in Section II, "Scope of Work." The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the CONSULTANT'S actual cost plus a fxed fee. The actual cost shall include direct salary cost, overhead, direct non-salary costs, and fixed fee. 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. Overhead Costs: Overhead Costs are those costs other than direct costs, which are included as such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall be made at the rate shown in the heading of this AGREEMENT under "Overhead Progress Payment Rate." Total overhead payment shall be based on the method shown in the heading of the AGREEMENT. The two options are explained as follows: a. Fixed Rate: If this method is indicated in the heading of the AGREEMENT the AGENCY agrees to reimburse the CONSULTANT for overhead at the percentage rate shown. This rate shall not change during the life of the AGREEMENT. b. Actual Cost: If this method is indicated in the heading of the AGREEMENT the AGENCY agrees to reimburse the CONSULTANT the actual overhead costs verified by audit, up to the Maximum Total Amount Payable, authorized under this AGREEMENT, when accumulated with all other Actual Costs. A summary ofthe 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 fscal 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 F�chibit 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 and/or the Federal Government may perform an audit of the CONSULTANT'S books and records at any time during regular business hours to determine the actual overhead rate, if they so desire. 3. Direct Non-Salary Costs: Direct Non-Salary Costs wil l be reimbursed at the Actual Cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges and sub- consultant costs. a. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the AGENCY'S Travel Rules and Procedures. However, air, train, and rental car costs shal i be reimbursed in accordance with 48 CFR Part 31.205-46 "Trave] Cost b. The billing for Direct Non-Salary Costs shall include an itemized listing of the charges directly identifiable wh the PROJECT. c. The CONSULTANT shall maintain the oriainal supporting documents in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. d. All above charges must be necessary for the services provided under this AGREEMENT. 4. Fixed Fee: The Fixed Fee, which represents the CONSULTANT'S profit, is shown in the heading of this AGREEMENT under Fixed Fee. This amount does not include any additional Fixed Fee, which could be authorized from the Management Reserve Fund. This fee is based on the Scope of Work defined in this AGREEMENT and the estimated person- hours required to perform the stated Scope of Work. In the event the CONSULTANT enters into a supplemental AGREEMENT for additional wark, the supplemental AGREEMENT may include provisions for the added costs and an appropriate additional fee. The Fixed Fee wili be prorated and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not previously paid in the progress payments will be covered in the final payment, subject to the provisions of Section IX entitled "Termination of Agreement." Management Reserve Fund: The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already de�ned in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $] 00,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the Management Reserve Fund is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the Management Reserve Fund shall be made in accordance with Section XIV, "Extra Work."6. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the Management Reserve Fund. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIV, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT. B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of Actual Costs plus the calculated overhead and fee on a monthly basis during the progress of the work. Such billings shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under Section III, "General Requirements" of this AGREEMENT. The billings will be supported by an itemized listing for each item including Direct Salary, Direct Non-Salary, and allowable Overhead Costs to which will be added the prorated Fixed Fee. To provide a means of verifying the billed salary costs for CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the PROJECT at the time of the interview. C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned wilt be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Finat Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of fnal audit, all required adjustments will be made and reflected in a fina( payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty (30) days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT has twenty (20) days after receipt of the fnal POST AUDIT to begin the appeal process to the AGENCY for audit findings. D. Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for inspection by representatives of the AGENCY, STATE and the United States, for a period of three (3) years after receipt of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this contract is initiated before the expiration of the three (3) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. HOUR AND FEE ESTIMATE EXHIBIT E-1 Project: City of Federal Way Federal Way High and Sacajawea Middle School Pedestrian Connection Safe Routes to School Task Description Work Element 1- Project Management _ 1.1 Project ma�ement administrative services 1 2 Overall Pro�ect mana�ent 1 3 City staff coordination meetings (6) Reimbursable expenses - see breakdown for de Task Totals Work Element 2- Quality Control/Quality Assurance 2.1 Field review of base maps for accuracy 2.2 Review design report 2.3 Review 85% plans, specs, and estimate __ _ _ _ 2.4 Review 100% plans specs, and estimate Reimbursable exoenses - see breakdown for de Work Element 3 - Ma Work Element 4- Utility Ma No Additiona Work Element 5- Traffic Ar 5.1 Review Model 5.2 Set Channelization Components based on Analysis 5.3 Prepare Draft and Finai Tra�c Analysis Report Reimbursable expenses - see breakdown for detail; Task Total �ork Element 6 - Geotechnical Report No Additional Work RE Work Element 7- Design Report 7.1 Compile and review existing data 7.2 Document stormwater facilities, s 7.3 PrePare draft TIR 7.4 Prepare 30% Plans and o�i�nic 7.5 Analyze right of way / prepare 7.6 Prepare draft and final report Reimbursable expenses - see Task Tota City of Federal Way FWH and SJMS Ped Connection and of cost of KP+G ♦ ArchitcY.ctus-� ♦ i,sndnruysc Architacturc ♦ Civii En�r,inc.r.ring ♦ -_ Labor Hourfstimate Total Fee Proj'Engr esign engr � �' Senior Project en. Urb De Landscape Survey ! I Engineer Manager roj. Survey Surveyor crew Technicia Clerical Direct Overhead Profit � Effective muttiplier $ 64.90 $ 56.56 $ 40.43 $ 34.62 $ 50.65 $ 28.85 $ 21.63 Hours Labor Cost I 145.78% '; 30% i 2.7578 3 6 0 0 0 0 9 18 729' 1,062 219 $_ __ _ 2,009.69 - --- - - - 3 6 0 0 0 0 6 15 664 � 968� 199 $ 1 830.74 -- -- . _ _ - -- _ 6 12 0 0 0 0 6 24 1 198 1 746 � 359 $ 3 303.57 - ---- _.-- - -- ---� - - _ - � I '� $ 50.00 12 24 0 0 0 0 21 57 i 2,590 : 3,776 i 777 $ 7,194.00 0 1 2 2 0 2 0 7 264 384 79 $_ _ 727,37 - - - ----- --- 2 1 0 0 0 0 0 3 186 272 56 $ 513.94 ---- _- _ - _--- 2 1 0 0 0 0 0 3 186 i 272 _ 56 $ 513_94 2 1 0 0 0 0 0 3 186 272 56 $ 513.94 - -- -- ---- -- -- - - --i-- - $ - 6 4 2 2 0 2 0 16 823 1,200 247 $ 2,269.20 0 0 0 0 0 0 0 0 0 0 0 0 I 0 0 0 0 0 0 0 0 � 0 0 0 0 0 1 4 0 0 0 0 5 217 316 65 $ 598.61 - ------ - --�- -----_ _._ ---__ _ _ _ _ - -- __ - 0 1 0 4 0 10 0 15 484 4_ _ 705 145 $ 1 333.51 - -- --- - --- _ - 0 2 4 0 0 10 8 24 735; 1 072 221 $__ 2 027.42 - -- -- � -. . _ __ __ . - $ 130.00 0 4 8 4 0 20 8 44 1,436 2,093I 431 $ 4,089.54 0 0 0 0 0 0 0 0 0 0 0 I 0 0 0 2 0 0 2 2 6_ 181 _ 264 54 $_ __499.74 - -- _ _ _ _ 0 2 2 0 0 2 0 6 251 3661 __ _ 75 $ 692.40 - -- - _ 0 8 12 0 0 4 0 24 1049' 1,530i 315 $ 2,893.98 -- _- - -- _.- _ _ _ 2 8 18 16 0 40 0 82 2 932 4,275 880 $ _ 8,086.42 ---- -- -- --- --- . 0 2 0 0 0 4 0 6 229 333 69 $__ 630.21 - - -- ... __ __ -- - 2 4 8 0 0 8 2 24 951 1,387 285 $_ 2,622.94 __--- - - _ _ $ 150.00 4 24 40 16 0 60 4 148 5,593 8,154 1,678 $ 15,575.70 Page 1 of 3 KPG 4/22/2013 HOUR AND FEE ESTIMATE EXHIBIT E-1 Project: City of Federal Way Federal Way High and Sacajawea Middie School Pedestrian Connection Safe Routes to School Task Description Work Element 8 - Environmental 8.1 Prepare ECS 8.2 Prepare BE/ECS No effects letter 8.3 Section 106 documentation __--- -- 8.4 Pre are SEPA Checkiist --- p- _ _--- - Raimhi ircahla avnances _ caa hraa for details Work Element 9- Community and Agency Coordination 9.1 Agency Coordination meeting and minute�2 mtg) Reimbursable expenses - see breakdown for details Task Total Work Element 10 - Right of Way Caiculations No Additional Work Required Work Element 11 - Final Design 11.1 Title/Index Sheet 11.2 Notes/Legends/Abbreviations sheet 11.3 Roadway typical sections 11.4 Detail sheet ___ 11.5 Surve�controi plans 11.6 Site prep/TESC plans 11.7 Alignment, sidewalk, and grading plans _ -- -- 11.8 Roadway Profiles 11.9 Driveway Plans _ 11 10 Channelization and signing plans _ - - 11.11 Drainage details _____ 11.12 Drainage plan and profiles _ ___ 11.13 Finalize TIR 11.14 Roundabout Plans 11.15 Special sign plan and details 11.16 Wall Plans 11.17 Illumination Plans 11.18 85%, 100% QTO and cost opinions 11.19 85%, 100% Specifications Reimbursable ex�enses - see breakdown for detaiis Task Total K.PG ♦ Arcl'litCCF:UiC ! [.andsaapc A.rchi[c�ctur�. ♦ G'ivil En�inar-rin� ♦ Proj Engr , esign engr i � � Senior Project en. Urb De Landscape Survey � I i Engineer Manager roj. Survey Surveyor crew Technicia Clerical Direct j Overhead � Profit I Effective multiplier $ 64.90 $ 56.56 $ 40.13 $ 34.62 $ 50.65 $ 28.85 $ 21.63 Hours Labor Cost I 145J8% � 30% i 2.7578 0 0 2 0 0 4 0 _ 6__ _ 196�_ ___ _285� 59 $__ _ 539 56 0 0 2 0 0 4 t 0 6 196'F zg5� 24 $ 221:31 -I-- � -- -- -- I 59 $ _ 539.56 __ __-- _ 0 $ _ _ - -- --r---- ___ � __ _ _ _ 0 0 0 _ 0 0 i 0 0 __ 0 O i__ 0 f $ 4,850.00 0 0 6 ' 0 0 8 0 14 i 472 � 687 ' 141 $ 6,150.44 4 8 0 0 0 4 2 18 871 �, 1,269 �� 261 $ 2,401.33 -- -- -- - -- ---- --- - ---_ _ _ _ _ _ i $ 150.00 4 8 0 0 0 4 2 18 ' 871 ! 1,269 ; 261 $ 2,551.33 0 0 0 0 0 0 0 0 0 0 i 0 0 0 0 0 0 0 4 0 4 115 168 35 _$ ____318.25_ --- --- - -- - - 0 0 0 2 0 4 0 6 185 269 55 $ 509.20 -- �__ - __ - 0 0 4 0 0 4 0 8 2761 402 83 $_ 760.88 - -t. - --- - _ ._. 0 0 4 0 0 4 0 8 276 402 83 $ 760.88 --- -- --- -- - - __ - __ _ _- - 0 0 0 4 0 0 0 4 138 202� 42 $ 381.90 - - - - 0 0 0 8 0 8 � 0 16 � 508 � 7401 152 $ _ 1 400.30 �-- --- _- _ _ - __ _ 2 4 8 16 0 16 � 0 46 1 693 2 467L 508 $ 4 667.74 ---r- - - -- - 1 0 4 8 0 8 � 0 21 � 73� 1 069 � 220 $ _ 2 021.91 1 _ 1 2 0 0 8 � 12� 433 631 � 130 $ 1 192.78 - --- - --- --- - --- � - - _ 1 4 8 0 0 8 � 0 _ 211 843 1,229I 253 $__ 2,324.66 - �-- - I ___ 336 $ __ 3,085.54 1 4 12 0 0 12 0 29i 1,119 1631 --- --- ----- -- - - 2 4 8 0 0 16 0 30 1,139 1,660 342 $_ 3 140.14 - -- - - - -- 0 2 4 0 0 2 r 2 10 375 546 112 $ 1,033.02 - -- - - _ - _ _.. __ 1 4 8 6 0 16 0 35 1 281� 1,868� 384 $__ 3 534.01 - - - - -. . -- _ _ 0 4 8 24 0 24 0 60 2 071 3 018 621 $_ 5 710.08 - - - 1 2 8 0 0 12 0 23 845 1 232 254 $_ 2 330.95 -- - _.__ -- 0 2 8 0 0 12 0 22 780 1,138 � 234 $_ _ 2,151.97 2 2 4 8 0 0 0 16 680 992t 204 $___ 1 876.35 -- _-- - -- -- 4 24 24 8 0 0 ___ 16_ 76 3 203 4,669� 961 $ 8 833.45 -- -- - - _ _ �- _ _ _ --- � $ 300.00 16 57 714 84 0 158 18 447 16,692 24,334 5,008 $ 46,334.00 Ciry of Federal Way Page 2 of 3 KPG FWH and SJMS Ped Connection 4/22/2013 HOUR AND FEE ESTIMATE EXHIBIT E-1 Project: City of Federal Way ���" Federal Way High and Sacajawea Middle School Pedestrian Connection i.8..a ��;�'�:.=�;,';���E�r� Safe Routes to School • �-���� ��'�"'��r*�'� • Labor Hour Estimate Total Fee Proj Engr esign engr � i Senior Project en. Urb De Landscape Survey , � Task Description Engineer Manager roj. Survey Surveyor crew echnicia Clerical Direct Overhead Profit Effective multiplier $ 64.90 $ 56.56 $ 40.13 $ 34.62 $ 50.65 $ 28.85 $ 21.63 Hours I Labor Cost i 145.78% 30% 2.7578 Work Element 12 - Plan Production 12.1 Assembie submittals for 85°/a, 100% PSE 0 0 0 4 0 4 4 12 ____ 340� 496 102 $_ 938J6 – ------ ---- -_ - — — - -- – _ 12.2 Assemble Bid Documents and provide final printin 0 2 0 2 0 4 � 4 12 384' _ 560i 115 $_ 1,059.77 --- __ _ Reimbursable ex enses - see breakdown for details i $ 1,300.00 Task Total 0 2 0 6 0 8 8 24 ' 725 � 1,056 ! 217 $ 3,298.52 Work Element 13 - Assistance Durin Biddin 13.1 Prepare Addenda and respond to questions ___ 0 4 4 +__ 6 __0 ___10 _0 _ _ 24� 883 1,287� 265 $ 2,435.03 -__-- – _ -.. _ -- – � � $ 50.00 Reimbursable ex enses - see breakdown for details i Task Total 0 4 4 6 0 10 0 24 i 883 ', 1,287 265 $ 2,485.03 TOTAL HOURS AND TOTAL ESTIMATED FEE 42 127 174 1t8 0 270 61 792 30085 43858 9025 I $89,948 'i Ciry of Federal Way Page 3 of 3 KPG FWH and SJMS Ped Connection 4/22/2013 EXHIBIT E-1 HOUR AND FEE ESTIMATE Project: City of Federal Way Federal Way High and Sacajawea Midd�e School Pedestrian Connection Safe Routes to School Reimbursable Breakdown I�I�G ♦ Architecture ♦ Lsndscape Architecture ♦ Civi! Engineering � Work Element 1- Project Management -- -- -- ----- -- — -- - - Mileage $ _ - ------- -- - -- -- --- -- - -_ _--- - - ---____ _-_--_ _._-- __. ___ _ ___ Reproduction $ 50.00 Task 1 - Total $ 50.00 Work Element 2- Quality ControUQuality Assurance _ _ _ _ Mileage - __ . _ $ _ __ _ ___ _ _ Reproduction $ ' Task 2 - Total $ ' Work Element 3 - Mapping Mileage Reqroduction Task 3 - Total $ ' Work Element 4- Utility Mapping ___ - -- --- --- ___- __ - -- Mileage __ $ --- -- --- ------ ----- - -- -- - --- — — - - --- -- --- --- Reproduction $ - ---- --- _ _-- ---- _ __ _ __ _-- ---- - --_ _--- - — __- _ _ Utility locate allowance $ - Task 4 - Total $ ' Work Element 5- Traffic Analysis Report _. _.. _. _ _ _._ _ -- _.__ - --_ __ _ Mileage . $ _ 50.00 - - - -_ _ _ - -- - _ - - --_ __ __ -- --- - __ Reproduction $ 80.00 Task 5 - Total $ 130.00 Work Element 6- Geotechnical Report City of Federal Way Page 1 of 3 KPG FWH and SJMS Ped Connection 4/22/2013 EXHIBIT E-1 HOUR AND FEE ESTIMATE Project: City of Federal Way Federal Way High and Sacajawea Middle School Pedestrian Connection Safe Routes to School �:� 1�' G ♦ Architecture ♦ Landscape Archrtecture ♦ Civil Engineering ♦ Reimbursable Breakdown Mileage ---_--- $ ' __ - — __- --- --- ---- — Reproduction $ - — — --- -- ----- _ -- - --- — -- -- --- ---- __ _. Geotechnical Investigations $ - Task 6 - Total $ - Work Element 7- Design Report __ _ _ ._ _ __ _ . __ _ __ __ _._ Milea�e _ _ _ _ _ _ __ $ _ _ 50.00 __. _ _ __ _ _ ___ - Reproduction $ 100.00 Task 7 - Total $ 150.00 Work Element 8 - Environmental __ _ Mileage -- _ _ _ _ _ $ ' -- - - - - - --- _. _ _ _ - Reproduction $ 50. -- ---_ _ _ -- _ _ __ _ . . -- _ _ __ ----- -- Widener and Associates - Enviro. documentation $ 4,800.00 Task 8 - Total $ 4,850.00 Work Element 9- Community and Agenc� Coordination _.. ---- ----- -- -- -- -- — --- ------ -- Mileage $ 50.00 ----------- ----- _.. --- - _----- --- -- -- — ----------. ------------------- Reproduction $ 100.00 � Task 9 - Total $ 150.00 Work Element 10 - Right of Way Calculations _ __ _ _._._ _ _ _ _ _ __ _ _ - _ Mileage $ ' ___- — _ — --- ----_ _ --- -- _- -- -- _ _ -___ ___ —._ __ __ __ Reproduction $ - Task 10 - Total $ " City of Federa! Way Page 2 of 3 KPG FWH and SJMS Ped Connection 4/22/2013 EXHIBIT E-1 HOUR AND FEE ESTIMATE Project: City of Federal Way Federal Way High and Sacajawea Middle School Pedestrian Connection Safe Routes to School Reimbursable Breakdown Work Element 11 - Final D ---- -------Mileage Reproduction I:�PG ♦ Architecture ♦ Landscape Architecture ♦ C:ivil Eingineering ♦ ---- ---- $ 150.00 _. _-- -- _ - _ _ $ 150.00 Task 11 - Total $ 300.00 Work Element 12 - Plan Production -_ _ .. _. _.. _ __ . _ _----_— - ___ _ . _ _ ___ _ __ _ __ _ Mileage _ _ _ _-- -__ $ _ _ _ _ _ _ _ _- - _ _. _ _ Reproduction _ - - ___ _ _ $ _ 1,300.00 Task 12 - Total $ 1,300.00 Work Element 13 - Assistance During Bidding — - - -- -- _--- -- _ _— _ ____ _ _ _ _ Mileage _--- _ _ $ -------- --.._. _- ._ __ _ _ _ . _ - _ __ _ Reproduction $ 50.00 Task 13 - Total $ 50.00 Reimbursable Subtotal Administrative fees on reimbursables (0%) TOTAL REIMBURSABLES $ 6,980.00 $ - $ 6,980.00 City of Federal Way Page 3 of 3 KPG FWH and SJMS Ped Connection 4/22/2013 EXHIBIT E-1 FEE SUMMARY KPG ♦ Architecture ♦ Landscape Architecture ♦ C;ivil Engineeriag ♦ Project: City of Federal Way Federal Way High and Sacajawea Middle School Pedestrian Connection Safe Routes to School Description Estimated Fee Work Element 1- Project Management Work Element 2- Quality Control/Quality Assurance Work Element 3 - Mapping Work Element 4- Utility Mapping Work Element 5- Tra�c Analysis Report Work Element 6- Geotechnical Report Work Element 7- Design Report Work Element 8 - Environmental Work Element 9- Community and Agency Coordination Work Element 10 - Right of Way Calculations Work Element 11 - Final Design Work Element 12 - Plan Production Work Element 13 - Assistance During Bidding $7,194.00 $2, 26920 $0.00 $0.00 $4, 089.54 $0.00 $15,575.70 $6,150.44 $2, 551.33 $0.00 $46, 334.00 $3,298.52 $2,485.03 Total Estimated Fee $89,947.75 City of Federal Way Page 1 of 1 FWH and SJMS Ped Conneciion Safe Routes KPG 4/22/2013 EXHIBIT F W�s�i�gtc�n 5��at� Qepart�ent �i 'iransps�r�at�o� F�au#a J. Ftamm�n�, �.�a Secretary of irar�sportation August 10, 2012 Susan Rowe KPG, Inc. 753 9th Ave N Seattle WA, 98109 Re: KPG, Inc. Overhead Schedule Fiscal Year End December 31, 2011 Dear Ms. Rowe: Yransportatzan B�sildtng 31 �>�,±<,ple S'ark t,vni 3ue s.�-. f'.t7. Box 47300 Olyr,pia, t'�`,� 985�4-73(}� ss�-�n�-7�oL TTY: '-f30�-833-63$$ r,r�n�w.wsdot.�,va. �av We have coinpleted 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 af review establishing KPG, Inc. overhead rate for the fiscal yeax ending December 31, 2011 at 14�.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} andJor the WSDOT Area Consultant Liaison to determine when this reviewed rate will be applicable to your ��SDOT agreenien�(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 Compensatzon Analysis, or alternative analysis based on use of the NCM, in order to complete our review of your overhead schedule. EXHIBIT F 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, w�;�',�-�'��'�'- 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 Schofield, MS 47323 File EXHIBIT F KPG, Inc. 2011 Overhead Schedule For FY Ending llecember 31st, 2011 Financial Statement Accepted Description Amount KPG Adj. WSDOT Adj. Ref. Amount % Direct Labor Fringe Bene�ts: Vacation, Sick, & Holiday Payrall Ta�tes Health Insurance Workers' Comp. Insurance Holiday Bonus Pro�t Sharing (401-k) Total Fringe Bene�ts General Overhead: Tndirect 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 Posta�e & Delivery FCltlt111a Recruiting Costs Rent Repairs & Mai.ntenance Shareholder Buyout Survey Taxes & Insurance Travel Utilities Depreciation Total General Overhead Totai Overhead Costs Overhead Rate (Less FCC) $2,817,914 $3,600 Q $2,821,514 100.00% $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) ($144,386) 318,208 31,829 (12,475) 8,400 90,792 (29,081) (28,118) 6 2,3�0 (2,350) 16,493 (2,680) 22,259 (78) s,o2� 52,297 (52,29'7) 6,365 (6,365) 7,804 42,499 (42,499) 121,�94 101,895 (1,055) 15,738 15,986 52,745 6,653 3,274 4,002 311 547,488 (270,210) (32,OQ6) b0,173 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 ($50&,904) ($1'18,860} 169.53% 151.47% PaQP 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 1 $556,434 19.72% 383,995 13.61% 466,347 16.53% 19,953 0.�1% 0 0.00% 73,279 2.60% $1,500,007 53.16% $1,009,9 t 5 � 5.79% 318,208 I l .28% 27,754 0.98% 3.i,593 119% 6 0.00% 0 0.00% 13,823 0.49% 22,181 0.79% s,a2� o. i s�io (0) 0.00% 0 0.00% 7,804 0.28% 0 0.04% 121,894 432% 116,577 4.I3% 15,986 0.57% 52,745 1.87% 6,653 0.24% 3,274 0.12% 4,002 0.14% 311 O.OI% 245,272 8.69°/a 60,173 2.13% 0 0.00% 46,150 1.64% 384,140 13.61% (0) 0.00% 36,211 1.28% 57,663 2.04% $2,589,352 91.77% $4,089,359 144.93% 144.93% EXHIBIT F KPG, Ine. 2011 Overhead Schedule For FY Ending December 31st, 2011 Financial Statement Accepted Description Amount KPG Adj. WSDOT Adj. Ref. Amount % Facilities Cost of Capital Overhead Rate (Includes FCC) KPG Corp - Reviewed & Accepterl8/10/2012, MJP "Overhecad Rate stitd subject to WSDOTAudit" References KPG Adjustments: A 1 Overtime premium unallowable $486 per 48 CFR 22. I03-1, 22.103-4(g) A2 Severance pay unallawable $4,653 B Mixed use auto allowances ? 1/2 of $58,161 per 48 CFR 31205-6 (m) (2) and 31.205-46 (d) C Key person life insurance unallowa6le $20,968 per 48 CFR 31.2�5-19(e)(2)(v). D i Advertising unallowable (1 /2 page ad) $225 per CFR 3 I.205- i D2 Advertising unallowable (yelto�v pages) $I,O55 per CFR 3 L20�-1 E Lobbying unallowabte $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 G 1 Interest unall.owable $6,365 per 48 CFR 31.205-20. G2 Interest unallowable $18,654 per 48 CFR 31.205-20. H 1 Inadequate supporting documentation unallowable (meals} $42,494 H2 Inadequate supporting documentation unallowable (travel) $8,396 t Accelerated depreciation unallowable $88,959 J 1 Donations Unatlowable $2,350 J2 Donations Unallowable $560 K Common Control Rent adjustment $270,210 L Entertainment unallo�vable (golf} $1,895 $23,75b 0.84% $4,113,1 l5 145.78% WSDOT Atl;ustr.aes�ts: M Bonus is not performance based all employees revived $100 Holiday gift, 48 CFR 31.205-6 (fl, AASHTO Chp 7.12 N Two Employee's received $50,000 each of unallowable distributions, payment for Gym, $2,6Q9 is unallowable 48 CFR 31.205-13 (c), medical payment already in fringe benefits $38,263,WSDOT overhead policy expired with OH's for 20Q9 (see ref AI) $486 now allowable. O Personal use of Auto's unallowable 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 calcu.lation, 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$32,406 of sub-leased rent received, 48 CFR 3 2.201-5 S Organization cost of shareholder buyout is unallowable 48 CFR 31205-6 (i) & 31.205-27 T WSDOT Overhead poticy 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 Does not apply Exhibit H Title VI Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS"), which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non-discrimination: The CONSULTANT, with regard to the work performed during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub-consultants, including procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. Solicitations for Sub-consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub-contract, including proci►rement of materials or leases of equipment, each potential sub- consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under d�is AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by AGENCY, STATE or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, STATE or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. Sanctions for Non-compliance: In the event of the CONSULTANT' S non-compliance with the non- discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE or the FHWA may determine to be appropriate, including, but not limited to: Withholding of payments to the CONSULTANT under the AGREEMENT until the CONSULTANT complies, and/or; Cancellation, termination, or suspension of the AGREEMENT, in whole or in part DOT Form 140-089 EF Exhibit H Revised 6/05 Incorporation of Provisions: The CONSULTANT snall include the provisions of paragraphs (1) through (5) in every sub-contract, including procurement of materials and leases of equipment, unless exemgt by the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub-consultant or procurement as the AGENCY, STATE or FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub-consultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the STATE and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. Exhibit I Payment Upon Termination of Agreement By the Agency Other Than for Fault of the 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 Sum Amount as the work completed at the time of termination is to the total work required for the PROJECT. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Cost Plus Fixed Fee Contracts A fnal payment shall be made to the CONSULTANT which when added to any payments previously made, shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total work required for the Project. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Specific Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actual hours 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 final payment shall be made to the CONSULTANT for actual units of work completed at the time of termination of this AGREEMENT. DOT Form 140-089 EF Enhibit I Revised 6lOS Exhibit J Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1— Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region 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 Aileged Consultant Design Error(s) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs, records of Iabor, materials and equipment. Step 3— Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manger and any personnel (including sub-consultants) deemed appropriate for the alleged design error(s) issue. Step 4— Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultant's alleged design error(s), there are three possible scenarios: It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place. The agency is to provide H&LP, through the Region DOT Form 140-089 EF Exhibit J Revised 6lOS Local Programs Engineer, a summary ofthe sett(ement 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. Ifthe Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. Step 5— Forward Documents to Highways and Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Highways and Local Programs Engineer to H&LP for their review and consultation with the FHWA. H&LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary, H&LP will request assistance from the Attorney General's Office for legal interpretation. H&LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement. If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. H&LP, in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue. If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or by litigation. Exhibit K Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1— Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs, proft and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2— Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1, the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Highways and Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. Ifthe 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 Form 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 prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • Agency's summation of hours by classification for each firm that should be included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; • Explanation regarding those areas in which the Agency does/does not agree with the consultant's claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s); and • Recommendations to resolve the claim. Step 4— Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Pubic Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). Ifthe project involves federal participation, obtain concurrence from WSDOT Highways and Local Programs and FHWA regarding fnal settlement of the claim. Ifthe 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 consu(tant's claim(s). Include the fnal 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 fnal payment for the agreement is subject to audit. Exhibit L Liability Insurance Increase Does not apply I hereby certify that I am Exhibit M-1(a) Certification Of Consultant Project No. Local Agency � � �Z, ,,� �.� p,.�- z and duly authorized representative of the firm of KPG, Inc. _ whose address is ��� ��� � � S�>� �q�. _ l 0 S 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 fde 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 fde employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any); I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department ofTransportation 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. S I, r I 2�,, Date DOT Form 140-089 EF Exhibit M-1(a) Revised 6/05 � 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 acknow(edge 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. CITY OF FEDERAL WAY Date Skip Priest Mayor 33325 8th Avenue S Federal Way, WA 98003-6325 DOT Form 140-089 EF Exhibit M-1(b) Revised 6105 I. Exhibit M-2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Covered Transactions The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: A. Are not presently debaned, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; B. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise crim inally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (I) (B). ofthis 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) terrr►inated for cause or default. IL Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Consultant (Firm): KPG, Inc. J! �S'2c��� (Date) DOT Form 140-089 EF Exhibit M-2 Revised 6/05 (Signature) President or Authorized O�cial of Consultant Exhibit M-3 Certification Regarding The Restrictions of The use of Federal Funds for Lobbying The prospective participant certifes, 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. Z.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 Federa( contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submittinb his or her bid or proposal that he or she shalf require that the language of this certifcation be included in all lower tier subcontracts which exceed $100,000 and that all such subrecipients shal l certify and disclose accordingly. Consultant (Firm): KPG, Inc. ��� Sr �� Ef � - - (Date) DOT Form 140-089 EF Exhibit M-3 Revised 6l05 (Signature) President or Authori d Official of Consultant 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 defned in section 15.401 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted, either actually or by specific identification in writing, to the contracting offcer or to the , contracting officer's representative in support of �� ��'s� � N�S ��p�SrR�� Le ,� n� �:c rt..-/* are accurate, complete, and current as of � ��� �'7„si� **. 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, Inc. � � Name 4— VL� .�-� /t�llJ Title � �- t r�'- � � �- Date of Execution*** ��� 5 r��'� * Identify the proposal, quotation, request for price adjustment, or other submission involved, giving the appropriate identifying number (e.g., RFP No.). ** Insert the day, month, and year when price negotiations were concluded and price agreement was reached. *** Insert the day, month, and year of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. DOT Form 140-089 EF Exhibit M-4 Revised 6/05