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AG 13-219 RETURN TO: S h EXT: a,70 3 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS 5 S/ 6±ree 2. ORIGINATING STAFF PERSON: C�✓�Sl�✓� MI�Ii�i✓I EXT: x 2125 3. DATE REQ.BY: 5- ,\'2-015 4. TYPE OF DOCUMENT(CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION CONTRACT AMENDMENT(AG#): I 5--2-1°1 ❑ INTERLOCAL • OTHER AC.A 13-219 St 1pp1-erYle' 4 2 5. PROJECT NAME:1 AV, 5 A-}- 5 28 ` `_ FY(f.+ -Tr erseChOr\ -,(npr ovemerzts 6. NAME OF CONTRACTOR: PC'a, --snC • ADDRESS: SS q-+ Ave N 3ea-4"te., WA 98109 TELEPHONE: 2.00 -2(0l• 1052 E-MAIL: 1\leI 501 1P. Kpq•C.o rY1 FAX: 20L0.2 6W. 110 39 SIGNATURE NAME: 1-1eISMYM 'D 1'3 TITLE: Tr"1rlClp&L 7. EXHIBITS AND ATTACHMENTS:❑ SCOPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE# BL,EXP. 12/31/ UBI# ,EXP. / / 8. TERM: COMMENCEMENT DATE: 1 'S" D\ 5 COMPLETION DATE: • 31. 20 1 5 previous +h;s 1- 2D2��7 8.64 (re J dc+ 9. TOTAL COMPENSATION:$Iq9,2132-.38kc°^iraot){T3,Ltqui•tw(stApp.J- (INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑YES ❑NO IF YES,$ PAID BY: ❑CONTRACTOR ❑CITY PURCHASING: PLEASE CHARGE To: 30 '.44170 • •51'•"O • 14-i I 10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED • PROJECT MANAGER \ CJ.S'2.0 1 6 _ 40 )(DIVISION MANAGER /`'`'■ s""//7/r- 51.1 1(DEPUTY DIRECTOR DIRECTOR 5� ❑ RISK MANAGEMENT (IF APPLICABLE) 451/ll y y.LAW DEPT 1/,3 5/( /I1- 67,57////if 11. COUNCIL APPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING A 1 610415 1 SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: I q/ ❑ ATTACH: SIGNATURE AUTHORITY,INSURANCE CERTIFICATE,LICENSES,EXHIBITS ii i‘ I,Ai AL/DATE SIG ED LAW DEPT �'� f CHIEF OF STA F / L SIGNATORY ' AYO: OR DIRECTOR) ® �/(/7�f� -71%0 4 ASSIGNED AG# AG# ti 1 '4 SIGNED COPY RETURNED DATE SENT: 0' En )'U }'RETURN ONE ORIGINAL COMMENT: EXECUTE".2'"ORIGINALS -MI6 vre_ ;nol -'b Cc�1c1 UAkant, - Y SI9,r rP , PerAdi l CGUv'lCi ( c p p rr) (-A ac acioAec rInevA�. C "Suw\e. 1(Q , 1515-) 1/1s AG 13-219 SUPPLEMENT NO. 2 CITY OF FEDERAL WAY LOCAL AGENCY STANDARD CONSULTANT AGREEMENT FOR 1ST AVENUE S AT S 328TH STREET INTERSECTION IMPROVEMENTS DESIGN SERVICES The local agency of the City of Federal Way desires to supplement the agreement entered into with KPG, Inc. effective the 5th day of November 2013, identified as Agreement No. 13-219. All provisions in the Agreement and previously executed supplements remain in effect except as expressly modified by this supplement. The changes to the Agreement are described as follows: Section II, Scope of Work, shall be amended to add the scope of services as identified on the attached Exhibit A-1(A), Scope of Work, PSE Conduit Removal Design Services. 11 Section V, Payment, shall be amended in the amount of$3,496.16 as identified on the attached Exhibit E-1(A). III Ratification: Any act done by either party, consistent with the authority of the Agreement after the previous expiration date and prior to the effective date of this Supplement, is hereby ratified as having been performed under the Agreement as it existed prior to this supplement. Signed this �day of 12 , 2015. KPG, INC. CITY OF FEDERAL WAY By: By: Nelson Davis Ferrell Its: Principal Its: Mayor 753 9th Avenue North 33325 8th Ave S Seattle, WA 98109 Federal Way, WA 98003 APPROVED A TO • •M: ., 1-or Amy Jo Pearsall, City Attorney K:ISTREETSIPROJECTS11st Ave S at S328th St Intersection\Design\Consultant Contract\KPG\Supplement#21AG 13-219 Supl.2.doc Exhibit A-1 (A) City of Federal Way 1st Avenue S at S 328th Street- Intersection Improvement Supplement#2 Scope of Work April 20, 2015 Purpose This supplement outlines the design services required to incorporate PSE conduit removal into the project. PSE Power has finished their relocation design for the 1st Ave S at S 328th St Intersection Project. They have three areas on the east side of 1st Ave S where they are proposing to construct a bypass conduit system to go around the identified conflicts. After PSE has installed its new conduits and ran wires through the new conduits, the sections of abandoned conduits that were in conflict must be removed. This removal will be completed by the City's contractor. This supplement covers the additional design services by KPG to incorporate this change into the plans, specifications, and estimate. Work Element 1 Incorporate PSE Plans 1.1 Set up contract/ administration ♦ Project set-up and execute supplemental agreement. ♦ Preparation of monthly progress reports and invoices. 1.2 Plans, Special Provisions, and Bid Schedule Preparation • Modify engineering plans to show the PSE conduits for removal by the City's contractor. • Add a separate bid schedule to the project including the quantities and bid items associated with the conduit removals and restoration that will be reimbursed by PSE. ♦ Modify engineer's estimate to include the new bid schedule. ♦ Modify Special Provisions as needed to reflect the conduit removals by the City's contractor. City of Federal Way Page 1 of 1 Y Y 9 1st Ave S at S 328th St 04/20/2015 0 •`• m r- C) o to co n. � � O m 'm LL E � C)) C N CI) v Y 4.. U a N M M a ❑mac U IU,,� O N 2Q OU ~ a) U aLL' W E9 e» eA Vi en Q y i 0 O N V Oi O ICI M W •C r E d Co co• CO r O) N CO M V DO co L n ,- , o > 7 Lc-i co 0 co V N U o N OO N N ,- N O N N C J f/) �,N = M to O M I N M 7 V CO CO a) N U EA C p) L0 U W 'c N O co co co o N EA I co CD • 2 )° 0 0 0 C) U Q E es U) C1 O ` W O_ O N r-. W C cp T O O C U O V 3 O O M O O O O F' N i N O) 7 a) X 0 W J a_ X 1 O o A W J W j 0 O (JD CO CO o j u) v a a) o EA U 0,r0 a) CO O O O 0 0 O C to as co a 0 o N O? C .0 V N N— M M a) O)co W te N c C IC O y 0 m EW as a 2 w a u_ > 0 o nE n w o a I- a E o 0 2 N U) cn c 0 W .10 cn p� W T « O. w C J M O y d m@ F f" W m v O o a) z a y f N c o m a 1- u_ E a o a j ? . \ n. a cn N.. LU C O ) T Q Q c@ s a) 7 W ._ y, 7 � � � 0 e c CO a) p =W U o N U. O '5 -. a 0 o N s F a) Z d c E O LL E a) 0 .0 F.. O 0 a) cnatr w N. d y Y — N U 0 O N p O O 2 a 1 � — RETURN TO: ���� EXT: CS1rl 01 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/Div: PUBLIC WORKS /S�rE'e 2. ORIGINATING STAFF PERSON: chyie 1 y 11-}e M tkIVO EXT: g2-'7 2- 3 3. DATE REQ. BY: 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 #): ❑ INTERLOCAL a OTHER Jc LACiO,PirYLP rlf A(--A V6-219 —� 1 L 5. PROJECT NAME: ANC 5 0-- 5520h tt �r �1� • ��ilD• 6. NAME OF CONTRACTOR: ADDRESS: -75*5 e-+K Ave NOrkh 5e-OAkle, WA 9NM E -MAIL: Ne1sor) @ k.j?ci • c,0m SIGNATURE NAME: N 'D0.V 6 TELEPHONE: ZD(D. 210-2 • W5 2. FAX: 20(D . 2Qalo. l(0 39 TITLE: ?ri nG► Qa.L- 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS CFW LICENSE # BL, EX P. 12/31/_ UBI # /, EXP. —/—/— 8. TERM: COMMENCEMENT DATE: 1113 / /`3 COMPLETION DATE: -7 J 3t / :2 Q 15 suplplemolt c o not 9. TOTAL COMPENSATION: $ 199 Z$2 .35 NCLUDE EXPENSES AND SALES TAX, IF ANY (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH'SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES REIMBURSABLE EXPENSE:. ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES ❑ NO IF YES, ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT/ CONTRACT REVIEW a PROJECT MANAGER a DIVISION MANAGER a DEPUTY DIRECTOR ■ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ■ LAW DEPT 11. COUNCIL APPROVAL (IF APPLICABLE) INITIAL / DATE REVIEWED �� A b v COMMITTEE APPROVAL DATE: WA1. 12. CONTRACT SIGNATURE ROUTING • SENT TO VENDOR/CONTRACTOR DATE SENT: t '' • ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENS S, EXHIBITS CLAW DEPT ❑ CHIEF STAFF ATORY (MAYOR OR DIRECTOR CITY CLERK [g ASSIGNED AG # Cy SIGNED COPY RETURNED RETURN ONE ORIGINAL COMMENTS: EXECUTE "Z." ORIGINALS INITIAL/ DATE SIGNED DATE SENT: VIA PAID BY: ❑ CONTRACTOR ❑ CITY INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: NSA DATE REC'D: 1Z'1, lit 11/9 AG 13 -219 SUPPLEMENT NO. 1 CITY OF FEDERAL WAY LOCAL AGENCY STANDARD CONSULTANT AGREEMENT FOR 1ST AVENUE S AT S328TH STREET INTERSECTION IMPROVEMENTS DESIGN SERVICES The local agency of the City of Federal Way desires to supplement the agreement entered into with KPG, Inc. effective the 5th day of November 2013, identified as Agreement No. 13 -219. All provisions in the Agreement and previously executed supplements remain in effect except as expressly modified by this supplement, "Supplement No. 1". The changes to the Agreement are described as follows: Section IV, Time for Beginning and Completion, shall be amended as follows: Completion date shall be changed to July 31, 2015. Ratification: Any act done by either party, consistent with the authority of the Agreement after the previous expiration date and prior to the effective date of this Supplement No. 1, is hereby ratified as having been performed under the Agreement as it existed prior to this supplement. Signed this 44 +� day of 'Der e.mkxa- , 2014. KPG, INC. By: NelsA D vis Its: Principal 753 9th Avenue North Seattle, WA 98109 CITY OF FEDERAL WAY By: J Ferrell Its: Mayor 333258 th Ave S Federal Way, WA 98003 APPROVED AS TO FORM: -&,Q- l t-- L ,Qjr Amy Jo Pearsall, City Attorney K: ISTREETSTROJECTS11st Ave Sat S328th St IntersectionlDesign\Consultant Contract\KPG\Supplement #1�AG 13 -219 Supl. 1.doc II :a,DMa 9,LVQ WJ;T-:31V4 7VA021ddV 7IDNAOD Q3A021ddV31V4 / 7VI11NI :1N3S 31VQ #Od a3NOIS 31V(I / IVI 1NI :siNalNwoO 7VNID121O 3NO N2In13 -I/ (13N21n13Zi AdO:) 03NDIS K # OFI a3NOISSd ❑ W3-10 A113 ❑ (210133211(12102IOAVW) A2101VNDIS ❑ .Ld3(l MV-1 ❑ S11flIHX3 `S3SN3311 `31V DIAI1213D 3DN"r)SNI `A1I210H1nd 32in1VNDIS :HDV IV ❑ :1N3S 31VQ 2101DV211NOD/210QN3A 011N3S ❑ DN11 nO-d 321n.LvN9lS .L:)VHJ NOJ •ZI :31V4'IVA021ddV 331- LIINWOO I IMMA T • (379V317ddV A1) IVAO21ddd'IIDNnO;3 'Ii .Ld3Q MV'I ■ (378VDnddV 3)) 1N3W3DVNVW NSI-I ❑ 2101332IIQ ■ 2I0133211Q A1nd3Q ■ 213DVNVW NOISIAIQ ❑ 2I3DVNVW 1D3f021d ■ M31A32I 13V211N031 / 1N31Nno04 •01 11 M 2O - } -��2 -HZ)' ❑ , - 5b QQ{•� A.I.ID ❑ 21o1DVH.L D ❑ :Ag Qldd $ `S3A 31 ON ■ S3A ❑ :03M0 XVl S37VS S1 qjASU4 1S' SCj $ :1NnOWV 21VT7oa WnMXVW `S3A AI ON ❑ S3A s :3SN3dx3 37gVS21n8W1321 '(S31V21 AVQI'IOH QNV S31111 S33A07dW3 30 S37n03HDS HDVIIV - 3021VHD SOON- A72inOH NO 031V7n07VD AI) (ANV Al `XV1 S37VS QNV S3SN3dX3 3an7Dm) b $ :NOIIVSN3dW03 7V101, 10 1$ :31VQ NO113'1dWOD •6 :31VQ1N3W3DN3WWOD :W2H3,I, •8 —j---[— / 'dx3 ` # lan /I £ /ZI *dX3 `78 # 3SN3317 MAD S1N3WQN3WV /1DV2LLN032IORId ❑ S3SN3317 G9NInb321 ❑ NDIS 01A1I2IOH1nV AO A0021d ❑ S.LIgIHX3 Q33N3213A321213H10 77V ❑ 31V3IAI1213D /S1N3W3211nd321 33NVdfiSN1 ❑ N011VSN3dWO3 ❑ S331A2i3S 210 XSOM `3dO3S ❑ :S1N3WH3V.L.LV QNV S11fl1HX3 1 :37112 :3WVN321n1VNDIS t •� W A M Uin13N :vVW -3 :3NOHd3'l9l bQI9b N � IF 9L :SS321aaF1 294 ' • 7UZ d-A :11013VH1NOJ AO 3WVN '9 aS T- %"4azs S + ,mil :3WVK1D3ro21d •S V 213HIO IVDO72131NI ❑ :( #Od)1N3WaN3WV.L3V2I1NOD ❑ NOI1n7OS3Zi ❑ 33NVNIa21O ❑ (S1N3Wn3O4 a31V732i GN09 - D'3)1N3WADOQ A1IdflD3S ❑ 1N3WnDO4 31V1S37V32i ❑ Ogao / S3DIA213S NVWnH ❑ 1N3W3321DV3DIA2I3S QNV Sa00O ❑ .LN3W3321Dd3DNVN31NIVW ❑ 1N3W3321 9DIA213S7VNOISS3A021d ❑ 1DV211NOD SMOM DI78nd a311W1'I 21O77VWS ❑ 1DV211NOD Sx21OA� 3178nd ❑ (dAN `d3'd `flA21 `- D*3)1N3WnDO4 NOI.LD373S'dO.LDV211NOD ❑ :(3NO'139HD)1N3Wn30Q A0 3dAJL •� Sl Ag'09H 31VQ £ �► Z LZ :1X3 :NOS213d AAV1S DNIIVNIDRIO •Z Ot , / SYSOM ❑nand :AIQ/iA3Q DN11VN1DI210 'I MOJ oNilfIO t IMTKIN ICI A XVrn ��Qa3 �o �il� :Ix3 :01 Ndn.L3rI Local Agency Standard Consultant Consultant/Address/Telephone KPG, Inc. 753 9th Avenue N Agreement Seattle, WA 98109 206.286.1640 ® Architectural /Engineering Agreement ® Personal Services Agreement Agreement Number Project Title And Work Description 1 ST AVENUE S AT S 328TH STREET INTERSECTION IMPROVEMENTS Provide consultant services for the design of this intersection signalization& widening project. Federal Aid Number Agreement Type (Choose one) ❑ Lump Sum Lump Sum Amount $ ® Cost Plus Fixed Fee Overhead Progress Payment Rate Overhead Cost Method ❑ Actual Cost DBE Participation ❑Yes ® No 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 $ 15,837.07 ❑ Yes ® No July 31, 2014 Total Amount Authorized $ 199,282.38 ❑ Specific Rates Of Pay ❑ Negotiated Hourly Rate ❑ Provisional Hourly Rate Management Reserve Fund $ ❑ Cost Per Unit of Work Maximum Amount Payable $ 199,282.38 Index 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 -I Payment - Lump Sum ® Exhibit D -2 Payment - Cost Plus ❑ Exhibit D -3 Payment - Hourly Rate ❑ Exhibit D -4 Payment - Provisional ® Exhibit E -1 Fee - Lump/Fixed/Unit ❑ Exhibit E -2 Fee - Specific Rates ® Exhibit F Overhead Cost ® Exhibit G Subcontracted Work ® Exhibit G -1 Subconsultant Fee THIS AGREEMENT, made and entered into this 513- ® Exhibit G -2 Fee -Sub Specific 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 M4 Pricing Data Certification ❑ App. 31.910 Supplemental Signature Page day of N �v �1 -jvl �L(�, between the Local Agency of City of Federal Way , Washington, hereinafter called the "AGENCY", and the above organization hereinafter called the "CONSULTANT". DOT Form 140 -089 EF Page 1 of 8 Revised 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: I General Description of Work The work under this AGREEMENT shall consist of the above described work and services as herein defined and necessary to accomplish the completed work for this PROJECT. The CONSULTANT shall furnish all services, labor, and related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT. II Scope of Work The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit "A" attached hereto and by this reference made a part of this AGREEMENT. III General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress and presentation meetings with the AGENCY and/or such Federal, State, Community, City or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the 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 for Disadvantaged Business Enterprises (DBE), if required, per 49 CFR Part 26, or participation of Minority Business Enterprises (MBE), and Women Business Enterprises (WBE), shall be shown on the heading of this AGREEMENT. If D/M/WBE firms are utilized, the amounts authorized to each firm and their certification number will be shown on Exhibit "B" attached hereto and by this reference made a part of this AGREEMENT. If the Prime CONSULTANT is a DBE firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY'S "DBE Program Participation Plan". The mandatory DBE participation goals of the AGREEMENT are those established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the AGENCY. All Reports, PS &E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C." All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to the CONSULTANT. Page 2 of 8 IV Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under completion date. The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT. A prior supplemental agreement issued by the AGENCY is required to extend the established completion time. V Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided in Exhibit "D" attached hereto, and by reference made part of this AGREEMENT. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. A post audit may be performed on this AGREEMENT. The need for a post audit will be determined by the State Auditor, WSDOT External Audit Office and/or at the request of the AGENCY'S PROJECT Manager. VI Sub - Contracting The AGENCY permits sub - contracts for those items of work as shown in Exhibit "G" attached hereto and by this reference made part of this AGREEMENT. Compensation for this sub - consultant work shall be based on the cost factors shown on Exhibit "G" The work of the sub - consultant shall not exceed its maximum amount payable unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, overhead, direct non -salary costs and fixed fee costs for the sub - consultant shall be substantiated in the same manner as outlined in Section V. All sub - contracts shall contain all applicable provisions of this AGREEMENT. With respect to sub - consultant payment, the CONSULTANT shall comply with all applicable sections of the Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT shall not sub - contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. No permission for sub - contracting shall create, between the AGENCY and sub- contractor, any contract or any other relationship. A DBE certified sub - consultant is required to perform a minimum amount of their sub - contracted agreement that is established by the WSDOT Highways and Local Programs Project Development Engineer in consultation with the AGENCY. VII Employment The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from the AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a Page 3 of 8 third party as a consequence of any act or omission on the part of the CONSULTANT'S employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility 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 2000d4a) Federal -aid Highway Act of 1973 (23 USC Chapter 3 Section 324) Rehabilitation Act of 1973 (29 USC Chapter 16 Subchapter V Section 794) Age Discrimination Act of 1975 (42 USC Chapter 76 Section 6101 et seq.) Civil Rights Restoration Act of 1987 (Public Law 100 -259) American with Disabilities Act of 1990 (42 USC Chapter 126 Section 12101 et. seq.) 49 CFR Part 21 23 CFR Part 200 RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "H" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "H" in every sub - contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT as shown in Exhibit "I" for the type of AGREEMENT used. No payment shall be made for any work completed after ten (10) days following receipt by the CONSULTANT of the Notice to Terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth herein above, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for'default on the part of the CONSULTANT, the above formula for payment shall not apply. Page 4 of 8 In such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth above. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to perform is without the CONSULTANT'S or it's employee's default or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervisory personnel assigned to the PROJECT, or dissolution of the partnership, termination of the corporation, or disaffiliation of the principally 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 shall be subject to de novo judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit "J", and disputes concerning claims will be conducted under the procedures found in Exhibit "K ". XII Venue, Applicable Law, and Personal Jurisdiction In the event that either party deems it necessary to institute legal action or proceedings 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 All Legal Relations The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this AGREEMENT. This contract shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT; provided that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold harmless the AGENCY or the STATE from claims; demands or suits based solely upon the conduct of the AGENCY or the STATE, their agents, officers and employees; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT'S agents or employees, and (b) the AGENCY or the STATE, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon such negligence (2) the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and enforceable only to the extent of the 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. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to the AGENCY. No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this AGREEMENT or one million ($1,000,000) dollars, whichever is the greater, unless modified by Exhibit "L ". In no case shall the CONSULTANT'S professional liability to third parties be limited in any way. Page 6 of 8 The AGENCY will pay no 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 adjustment", hereafter referred to as "CLAIM", under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of the AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs (A) and (B) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XV Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XVI Federal and State Review The Federal Highway Administration and the Washington State Department of Transportation shall have the right to participate in the review or examination of the work in progress. XVII Certification of the Consultant and the Agency Attached hereto as Exhibit "M -I(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "M -2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit "M -3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and 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 all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this AGREEMENT. XIX Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof. Page 7 of 8 CONSULTANT: KPG, Inc. By Nelson Davis Princi�al 753 9 Avenue North Seattle, WA 98109 AGENCY: CITY OF FEDERAL WAY By S ip—Priest Mayor 33325 8s' Avenue S Federal Way, WA 98003 -6325 APPROVED AS TO FORM: Patricia . Richardson, City Attorney Exhibit A -1 Cit of Federal Way 1gt Avenue S at S 3281 Street - Intersection Improvement KPG Scope of Work September 30, 2013 Purpose This project will result in the construction of a signal system and revised channelization at the existing S 328th Street intersection that includes a new fourth leg serving the west side development. This will require some improvements on the west side private property. There will also be utility and stormwater adjustments as needed. This scope of work includes analysis, design, right of way acquisition, environmental documentation and the development of contract documents for the project. Proposed Improvements Proposed Improvements for this project includes: ♦ Roadway widening as required providing new left turn channelization to the east and west on 1 st Avenue S. ♦ Installation of curb, gutter and sidewalk on both sides of 1st Avenue S and along S 328th Street. ♦ Stormwater improvements as needed to augment the existing stormwater system. o Low impact development / natural drainage practices will be used as much as possible. More than 5,000 square feet of new impervious surface will be added that may be mitigated by providing pervious sidewalk pavement. ♦ Installation of updated and new roadway illumination in the intersection area only. o. The existing illumination system to the north and south will remain as is outside the intersection area. ♦ Installation of 2 foot lawn planter strips along both sides of the roadway to match the existing corridor. o Installation of a traffic signal system with signal interconnects to both SW 330" Street and S 325th Place. These two signals are already connected with both Fiber and Twisted Pair. ♦ Access changes to adjacent properties near S 328th Street, including potential consolidation of two driveways on the west side since the new intersection at S 328th Street. will include a fourth leg into the businesses. ♦ Parking lot reconfiguration on the west side to accommodate modified access. ♦ Adjustment of the landscaped median on the south leg to accommodate proposed left turn channelization. ♦ Utility relocations and /or adjustments. ♦ Potential small retaining walls on the west side as needed to avoid impacts to parking. City of Federal Way Page 1 of 20 KPG 1 S` Ave S at S 328`h St 913012013 Project Assumptions • This project is funded with local funds; no federal funds will be acquired. Due to the acquisition of new right of way, the project will require a State Environmental Policy Act (SEPA) Checklist. • Right of way will be acquired on this project. However, the design will be adjusted to keep acquisition to a minimum and to only to one parcel and not follow the City's comprehensive plan level in terms of the roadway section. This will require approval from the City Council since the current City Comprehensive Planning levels will not be achievable without substantial property impacts. The CONSULTANT will support the City with early preliminary design information for the reduced impact project as scoped herein. The City will be responsible for developing a comparison of the reduced impact project to the desirable level as indicated in the City's current comprehensive plan. The reduced project design will not preclude expanding to the ultimate Comprehensive Plan level in the future. ♦ The project will follow the general right of way acquisition guidelines set by Federal Highways Administration policies and procedures as well as all applicable federal, state and local laws including, but not limited to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and its amendments, 49CFR Part 24, and state Revised Statutes. Work will be in accordance with the WSDOT Local Agencies Guidelines and by reference the WSDOT Right of Way Manual parts 1 & 2. ♦ The signal interconnection between the existing north and south signals will be intercepted and a new fiber optic cable run from S 328th Street to SW 3300, Street. The existing twisted pair that interconnects both signals will be intercepted at S 328th Street and is assumed that there is slack available to do this. Otherwise, new twisted pair will also be nun from S 328th Street to SW 330th Street. ♦ The roadway will be widened symmetrically and the new sidewalk and landscape strip will match the existing section. The existing sidewalks are 6 feet wide. Early design decisions will dictate whether the new sidewalk should be increased to 8 feet. The new planter strips will continue to match the existing 2 foot planter strips and they will be grass as is the existing condition. Project Limits This project extends improvements on 1 st Avenue S approximately 450 feet north and south of the center of the existing S 328th Street intersection, approximately 300 feet east along S 328th Street from the center of the existing intersection and approximately 80 feet west into the private development from the center of the existing intersection. All improvements will remain within the existing right of way except for portions of the new west leg improvements and parking lot adjustments that will be constructed on private property. Coordination and potential negotiations will be necessary with the private property owner for these improvements on this new intersection leg. City of Federal Way Page 2 of 20 KPG 1 s' Ave S at S 328'x' St 913012013 Work Element 1 Project Management The estimated project design and right of way acquisition 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 twelve (12) management coordination meetings throughout the duration of the project. The level of effort for this element 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 9). Work Element 2 Quality Control /Quality Assurance The CONSULTANT shall provide Quality Assurance and documented Quality Control on all formal project deliverables as identified in this scope of services. The following major elements are key work element deliverables that will require formal, auditable, QC documentation: 2.1 Field review of the completed base map for completeness and accuracy and incorporate findings. 2.2 Senior Traffic Engineer review of the Traffic Analysis Report. 2.3 Senior Engineer review of the Geotechnical Investigation Plan and Report. 2.4 Senior Engineer review of design report. 2.5 Senior Survey Manager and Engineer review of the right of way plans and exhibits. 2.6 Senior Engineer review of the 85% Plans, specifications and estimate. 2.7 Senior Engineer review of 100% Plans, specifications and estimate. City of Federal Way Page 3 of 20 KPG P Ave S at S 328`" St 913012013 Work Element 3 Mapping The initial limits of the topographic survey are as follows: • 1St Ave S — 500 feet north and south of the center of the S 328th St. intersection and up to 10 feet outside the existing 1 st Ave south right of way (approximately a 100 foot width) • S 328" Street — 320 feet east of the center of the intersection and up to 10 feet outside the existing roadway right of way (approximately a 80 foot width) 3.1 Establish horizontal and vertical control points along the corridor and within the project limits described above. Approximately 2 control points will be established and will be made available for the construction contractor's use during construction. The CONSULTANT will locate, field survey, and calculate positions for visible and accessible monuments and control points throughout the project limits, using the Washington State plane coordinate system as indicated in the assumptions above. Conventional or GPS surveying methods will be used on this project. Monuments or corners to be located and field surveyed may include the following: • Section Corners • Side street monuments • Monuments on 1St Ave S, construction and monuments shown or found as indicated on survey records. 3.2 Field Survey and Note Reduction. Perform note reduction of the field survey data. 3.3 Mapping work to prepare V =20' topographic base map and digital terrain model (DTM) in AutoCAD Civil 3D format of the project within the limits described above. The base mapping work will include: • Signs, trees, curbs, sidewalks, pavement markings, utility poles, fences, and other visible and accessible surface features. • One -foot contours generated from the DTM. • Profiles of the existing roadway surface along the curb lines (top and bottom), along turn lane lines, and at the roadway crown line. Points will be surveyed at approximately 25 -ft intervals on 1St Ave S and on S 328th Street. 3.4 Survey utility location paint marks provided in Work Element 4.1 at 25 -ft intervals and visible and accessible surface feature (valves, manholes, catch basins, junction boxes, irrigation systems, hydrants, and vaults). The CONSULTANT will prepare an as -built utility AutoCAD layer in the base map from this information. 3.5 Perform observation and measure -downs of existing storm drain catch basins, manholes and outfalls (few are anticipated). Document the approximate size, type, material (brick, concrete), and general condition of the structures. Also document the size, location, and invert elevations of storm drainage pipes. These observations will be made from the surface. City of Federal Way Page 4 of 20 KPG I" Ave S at S 328`h St 913012013 3.6 Field survey to locate utility potholes provided for in Work Element 4.3. Process the survey notes and add the pothole locations to the basemap. 3.7 Survey existing ground profile at potential retaining wall locations (if retaining walls are necessary). This level of effort is limited to no more than approximately 500 lineal feet, and adjacent to the project site. Work Element 4 Utility Mapping and Coordination 4.1 Applied Professional Services (APS) and /or utility purveyors will provide design level locating and marking of all utilities within the project corridor so that they can be surveyed as indicated in Work Element 3.4. Service line locations and gravity storm and sewer will not be located except where upstream or downstream structures cannot be found. Only coordination from the CONSULTANT team is included in this sub Work Element. The design location markings will not be charged to the project. This cost is the responsibility of the Utility owner. 4.2 Request and acquire all private utility company record drawings and update utility mapping prepared in Work Element 3.4. Utility as- builts will be used to verify the location and type of utilities within the limits of this project (i.e. adding the type of water main, and type, location and symbol of water valves). Utility depths will not be shown with the exception of those described in Work Element 3.5. 4.3 Coordinate with the utility companies and identify locations for potholing based on the preliminary design. The CONSULTANT will prepare a potholing plan for review and approval by the City. All potholing will be performed under the direction of the utility owners and is not included in this scope of work. Pothole locations will be marked with pins to identify depth from existing grade to top of their facilities. This information will be incorporated into the mapping. Depths of utility lines located by potholing will be designated by a symbol in the plans. Survey of potholing information will be included as indicated in Work Element 3.6. The CONSULTANT will not QA the pothole information provided by the utility company. Any conflicting information will be provided to the City and resolved between the City and the utility company. Work Element 5 Traffic Analysis Report 5.1 Prepare a traffic analysis for the project and document in a technical report. This will include a traffic signal warrant for S 328th St. Evaluate the project design for safety, sight distance improvement, storage length for traffic queuing and operations and mobility of the intersections to accommodate future traffic demands. The traffic analysis will include existing traffic operations, opening year (2015) and design year (2035) operations. The city will provide existing traffic counts City of Federal Way Page 5 of 20 KPG 1" Ave S at S 328'" St 913012013 and future traffic forecasts. The traffic analysis will be conducted utilizing Synchro software. The City will supply a Synchro model containing the existing volumes, geometry and control within the study area including the neighboring intersections of SW 330th St and S 325" PI. The CONSULTANT will adjust the Synchro model to match the traffic count and future traffic volume forecast provided by the City. The CONSULTANT shall prepare AM peak and PM peak hour level of service calculations for all three intersections, SW 330th St, S328 1h St, and S 325th PI. The Report will identify the traffic characteristics such as travel speed, street network by functional classification, intersection traffic control, and non - motorized facilities. The Report should include an analysis of collision data over the most current three calendar years and the collision data as provided by the City. The analysis will reveal lane configurations, signal phasing, turn -lane storage, and capacity at the 1 st Ave S and S 328th Street intersection. The analysis will consider design requirements to meet adopted performance standards and will meet the City's Guideline for the Preparation of Transportation Impact Analysis. The analysis will also include the addition of a fourth leg on the west side of 1 St Ave South into the existing business parcel. Compile, prepare and submit for City review the draft and final Traffic Analysis Report. When approved by the City, this report will become the basis for the preliminary roadway design. 5.2 The CONSULTANT will perform the signal warrant analysis for the intersection in accordance with the 2009 Manual on Uniform Traffic Control Devices (MUTCD) and the City of Federal Way requirements. The CONSULTANT will evaluate up to nine warrants and The City will provide 24hr traffic counts and other information necessary for the warrant analysis. The warrant analysis will be conducted utilizing the City's standardized signal warrant template. Assumptions • The City will provide updated traffic counts, including 24 hr counts and peak hours turn movement counts at all three intersections. • The city will provide traffic volume forecasts for both opening year (2015) and design year (2035) at all three intersections. • The City will provide a standardized signal warrant template for use by the Consultant in the traffic analysis. Deliverables • Traffic Analysis Report, draft and final, in electronic copy (in PDF format) and two (2) paper copies. • Electronic copy (in pdf format) of traffic signal warrant template, and two (2) paper copies of the warrant template. City of Federal Way Page 6 of 20 KPG 1 S` Ave S at S 328`h St 913012013 Work Element 6 Geotechnical Report. 6.1 Geotechnical exploration work plan and review of geotechnical information. The CONSULTANT will review all readily available geotechnical information for the project. Potential data sources include geotechnical information contained in the CONSULTANTS and City of Federal Way files; published geologic maps, and soil surveys. The information obtained during the data review will be used to gain a general understanding of the project geology and to more efficiently target the field exploration program. The CONSULTANT will prepare a geotechnical exploration plan that identifies the location and type (boring, pavement core, etc.) of investigation to be performed at each exploration location along the project. The exploration plan will include 1 "= 40' plan views showing these locations and a written description for the type of analysis to be performed. The CONSULTANT will coordinate and plan access and restoration for test holes and identify features that affect other geotechnical design work elements. No field investigation will proceed until the geotechnical exploration plan has been approved by the City. The CONSULTANT will use the basemap provided in Work Element 3 as well as all available information on utilities discovered as part of Work Element 4 for this purpose. A supplemental geotechnical exploration work plan will be provided for the infiltration rate field exploration program (Optional with Work Element 6.3). Deliverables • Electronic copies (in pdf format) of the Geotechnical Exploration plan, including site specific traffic control plans, draft and final versions 6.2 Field Explorations and Laboratory Testing. The field exploration program will consist of borings to characterize soil and groundwater conditions and pavement cores to measure the pavement section. Borings: Complete 3 borings, each to a depth of about 27 ft below ground surface (BGS) to characterize subsurface soil and groundwater conditions for underground utilities, retaining walls, signal pole foundations, stormwater infiltration suitability assessment, and pavement rehabilitation /reconstruction. A total drilling footage of 81 ft is assumed for this task. The borings will be completed by a reputable drilling contractor under subcontract to the CONSULTANT with a track - mounted drill rig advancing hollow -stem augers. The CONSULTANT will mark the boring locations in the field and arrange for underground utility location ( "call before you dig ") prior to drilling. The CONSULTANT will then positively verify the updated utility mark ups with what was provided in the basemap to ensure adequate safe clearance is maintained from the underground utility Pavement Cores: Complete 4 pavement cores to measure the existing City of Federal Way Page 7 of 20 KPG I" Ave S at S 328`h St 913012013 pavement section along 1 st Avenue South (asphalt and crushed rock). The pavement cores will be completed with a 4 -inch diameter diamond core barrel by a reputable pavement coring contract under subcontract to the CONSULTANT. Geotechnical Laboratory Testing: Complete a geotechnical laboratory testing program consisting of natural moisture content determinations and index tests (either mechanical sieve orAtterberg limit determinations) on selected soil samples from the borings to aid in classifying site soils and determining pertinent engineering properties of the soil. The scope assumes 3 moisture content determinations and 6 index tests. Assumptions • All subcontractors, equipment subcontractors, laboratories, traffic control personnel and other related subcontractor personnel will be selected, hired and paid by the CONSULTANT. • Traffic control consisting of flaggers, warning signs, and arrow boards will be provided during the field exploration program. The CONSULTANT will submit a traffic control plan to the City for approval prior to commencing field explorations. • The CONSULTANT assumes a no cost or waived street use permit from the City of Federal Way. • Soil sampling will be in accordance with ASTM D1586 (Standard Penetration Test procedure) and ASTM D3550 (Ring -lined Barrel Sampling of Soil). • Pavement cores and borings located in streets and /or driveways will be patched with fast - setting concrete. • Piezometers will not be installed in the borings. Groundwater levels at the time of drilling (if encountered) will be recorded. The borings will be decommissioned in accordance with Washington Administrative Code (WAC) 173 -160. • Field exploration will be performed during the daylight hours during the conventional work week (Monday through Friday). • Soil samples will be disposed of 30 days after the date of the final report. 6.3 Infiltration Rate Field Explorations and Technical Memorandum If soil suitable for infiltration using low impact development techniques is identified during Work Element 6.2, additional test pits and small scale Pilot Infiltration Tests (PIT) will be completed to estimate the short term infiltration rate. It is assumed that stormwater infiltration facilities will consist of pervious concrete sidewalks on both sides of the roadway. The results of additional borings and recommended short-term infiltration rate will be provided in a draft technical memorandum. This task will not be completed if soil suitable for infiltration is not encountered or without authorization from the City. City of Federal Way Page 8 of 20 KPG I" Ave S at S 328`" St 913012013 Test Pits: Complete 4 shallow test pits to a depth of about 5 ft below ground surface (BGS) to characterize subsurface soil and groundwater conditions at the proposed infiltration feature(s) and verify that the seasonal high groundwater elevation is at least one foot below the proposed reservoir course. The Consultant will mark the boring and small scale PIT test locations in the field and arrange for underground utility location ( "call before you dig ") prior to drilling. Small -Scale PIT Tests: Complete up to 4 small -scale PIT tests in general accordance with Volume III, Section 3.3.6 of the 2012 Stormwater Management Manual for Western Washington. The infiltration tests will be completed adjacent to the borings described in Section 6.3.1 of this proposal. Geotechnical Laboratory Testing: Complete a geotechnical laboratory testing program consisting of 4 index tests, 6 cation exchange capacity (CEC), and 6 organic matter content tests. Assumptions The infiltration rate assessment will not be completed concurrently with the initial geotechnical evaluation and a second drill rig mobilization will be required. • All subcontractors, equipment subcontractors, laboratories, traffic control personnel and other related subcontractor personnel will be selected, hired and paid by the CONSULTANT. • Traffic control consisting of flaggers, warning signs, and arrow boards will be provided during the borings and infiltration tests. A traffic control plan will be submitted to the City for approval prior to commencing field explorations. • The CONSULTANT assumes a no cost or waived street use permit from the City of Federal Way. • Soil sampling will be in accordance with ASTM D1586 (Standard Penetration Test procedure) or ASTM D3550 (Ring -lined Barrel Sampling of Soil) • Borings and infiltration test holes located in streets and /or driveways will be patched with fast- setting concrete. • Piezometers will not be installed in the borings. Groundwater levels at the time of drilling (if encountered) will be recorded. The borings and infiltration test holes will be decommissioned in accordance with Washington Administrative Code (WAC) 173 -160. • Field exploration will be performed during the daylight hours during the conventional work week (Monday through Friday). Soil samples will be disposed of 30 days after the date of the final report. Infiltration Rate Technical Memorandum: The results of our supplemental subsurface investigation, geotechnical laboratory testing, and infiltration tests will be provided in a technical memorandum. The technical memorandum will also City of Federal Way Page 9 of 20 KPG 1 s` Ave S at S 328`" St 913012013 provide the recommended design infiltration rate for the pervious pavement infiltration facilities. The design infiltration rate will be determined in accordance with the methodology described in Volume III, Sections 3.3.6 and 3.4 of the 2012 Stormwater Management Manual for Western Washington. The Infiltration Rate Technical Memorandum will be provided for review by the project team. Comments will be incorporated and provided in the final geotechnical report for this project. Deliverables • An electronic copy (in pdf format) of the Infiltration Rate Technical Memorandum, (one version only as all revisions will be documented in the final geotechnical report for the project). 6.4 Geotechnical Engineering Analyses. The CONSULTANT will develop geotechnical engineering conclusions and recommendations in accordance with the WSDOT Standard Specifications, the AASHTO LRFD Bridge Design Manual, and the 2009 King County Surface Water Design Manual including: • Earthwork: temporary and permanent slope configurations, suitability of onsite soil for reuse as structural fill, import fill criteria; fill placement criteria, and pavement subgrade preparation. Underground Facilities: construction dewatering considerations; excavation and retention; design parameters for temporary shoring; pipe foundation support, pipe bedding and initial backfill materials; suitability of excavated soil for use as trench backfill; backfill compaction criteria; foundation support and lateral earth pressure for design of below -grade vaults; vertical loads on pipe and buried structures; uplift resistance; passive soil resistance and ultimate soil /pipe friction for resistance to lateral loads. • Stormwater infiltration: assessment of infiltrating stormwater on the project (draft geotechnical report) and recommended design infiltration rate (final geotechnical report). • Signal pole foundations based on WSDOT standard design procedures. • Pavement: a summary of pavement sections encountered in each of the explorations. New pavement structural section to match existing or per City standard cross section. • Retaining walls including cast -in -place (CIP) concrete and structural earth walls (SEW). Assumptions • The City will provide information regarding the anticipated traffic loading (i.e., design life, AADT, growth rate, percent heavy vehicles, etc.). City of Federal Way Page 10 of 20 KPG I" Ave S at S 328`" St 913012013 6.5 Geotechnical Engineering Report. The results of the field explorations, engineering analyses, and geotechnical engineering conclusions and recommendations, will be summarized in a draft and final geotechnical report. The draft report will be provided for review by the project team and the City. Upon receipt of review comments, the report will be finalized, signed and sealed. Deliverables • An electronic copy (in pdf format) of the Draft Geotechnical Report. • An electronic copy (in pdf format) and two bound and one unbound copies of the Final Geotechnical Report. Work Element 7 Design Report Prepare a design report. The report will include the 30% plans and cost opinions for the project. A final 30% set of plans will not be provided, and comments on the 30% will be incorporated as part of the final design (Work Element 13). 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. Document any variances to design criteria. Provide tables, exhibits, and inventories (including clear zone) as needed to support design criteria and decisions. Prepare photo log of existing conditions along the corridor. Deliverables • An electronic copy (in MS WORD) of the project design criteria in tabular format. One draft and one final version. • An electronic copy (in PDF format) of the project existing conditions photo log (up to a maximum of 20 photos). One version, no review by the City. 7.2 Evaluate property access alternatives considering parking impacts /remedies as appropriate to achieve the City's access goals. Address concerns raised during property owner meetings. The CONSULTANT will prepare a plan and profile for up to four existing access points along the project. Where existing access cannot be maintained, the CONSULTANT will prepare up to two alternatives with plan and profile sketches showing the new access. Summarize findings in a brief memorandum with plan sketches for review by the City. Deliverables • An electronic copy (in PDF format) of the Property Access Findings Summary Memorandum, draft and final versions. 7.3 Prepare ADA documentation to support current PROWAG. This will use the WSDOT MEF format. City of Federal Way Page 11 of 20 KPG 1" Ave S at S 328`h St 913012013 Deliverables • An electronic copy (in PDF format) of the ADA documentation Memorandum, draft and final versions. 7.4 Stormwater Existing Conditions: Gather information of the surface water existing conditions for the site and surrounding area as described in this work element. Document the existing storm water facilities within the limits of the project. 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. The City will provide record drawings of the existing roadways and for site development of properties adjacent to the project including grading, drainage, utility plans, storm drainage design reports, and geotechnical reports if available. Conduct an offsite analysis that will consist of a Level 1 downstream analysis and an evaluation of the upstream (up- gradient) drainage system. The upstream evaluation will consist of identifying where sheet flow and point discharge (pipes, gutter flows, and ditches) enters the project site. Deliverables • An electronic copy (in PDF format) of the Stormwater Treatment and Flow Control Approach Memorandum, draft and final versions. 7.5 Prepare a type size and location (TS &L) analysis for stormwater treatment and detention facilities. It is assumed that one (1) detention facility and one (1) water quality facilities will be required along the corridor. Prepare one (1) alternate stormwater mitigation scenario utilizing low impact development techniques (where feasible) such as bioretention and porous sidewalk. Prepare comparison of relative costs and benefits between stormwater mitigation scenarios. Provide a concept layout of the storm system within the road project limits showing: storm conveyance, the location of the detention and stormwater treatment facilities, and discharge points. Present findings in a brief technical memorandum for City review and approval. Deliverables • An electronic copy (in PDF format) of the Stormwater Treatment and Flow Control TS &L Memorandum, draft and final versions. 7.6 Prepare a draft Technical Information Report (TIR) describing the technical information and analysis of the stormwater facilities. The draft TIR will be in accordance with City requirements, including a level 1 downstream analysis, on- site basin maps, hydrologic calculations, detention and water quality facility design, , and plan view layout of the storm system showing existing and proposed pipes, ditches, detention, and water quality facility locations within the road project limits shown on the 30% road plans. The TIR will be finalized concurrent with final design under Work Element 13. Assumptions • The\conveyance capacity analysis for storm pipes and ditches will be City of Federal Way Page 12 of 20 KPG I" Ave S at S 328'" St 913012013 performed during final design and not at 30% design. The preparation of 'on -site' basin maps will be to delineate the areas that discharge to drainage facilities within the road project limits. The preparation off off -site drainage basins, either upgradient or downstream, is not included in this scope and any off -site basin maps shown will be based upon existing City records. Deliverables • An electronic copy (in PDF format) and two (2) bound copies of the Draft Stormwater TIR for 30% design. 7.7 Prepare a preliminary construction staging concept. Traffic control requirements and construction sequencing criteria will be described in the design report. No construction staging and traffic control plans will be prepared until final design. 7.8 Analyze illumination to provide levels consistent with the current City illumination standards. Prepare a preliminary layout of the street illumination system and include supporting calculations as an appendix to the design report. This includes the new illumination to be provided at the S 328th St intersection as well as how to handle the remaining existing illumination to the north and south that is owned and operated by Puget Sound Energy. 7.9 Estimate preliminary quantities and prepare preliminary opinions of probable cost for construction. This will be included, in tabular format as defined by the City, within a design report appendix. 7.10 Compile and prepare the Draft and Final Design Report. The design report will summarize all elements defined in all of Work Element 7. Deliverables • An electronic copy (in PDF format), five (5) bound copies, and one (1) unbound copy of the Design Report, draft and final versions. Work Element 8 Environmental Expanded SEPA Checklist. If required based on the status of potential exemptions, the CONSULTANT will prepare a SEPA checklist based on the preliminary design. Assumptions • If a SEPA Checklist is required for the project, it will be determined to be a either a Determination of Non - Significance (DNS) or a Mitigated DNS. • The SEPA checklist is only anticipated to require the traffic report as a special study should additional studies be required such as Air, Noise, Cultural Resources, or environmental site assessments, a separate scope and budget for these reports will be prepared. • Project impacts will most likely be less than one acre, therefore a construction NPDES would not be triggered as part of the permitting process. This will be assessed in the conceptual design. A change to the City of Federal Way Page 13 of 20 KPG I s` Ave S at S 328`x' St 913012013 scope will be initiated if our impacts exceed 1 acre. Deliverables • An electronic (in PDF format) and paper copy of the draft SEPA checklist in Adobe PDF. • An electronic (in PDF format) and six (6) paper copies of the final SEPA checklist. Work Element 9 Community and Agency Coordination Provide an internet ready exhibit that illustrates the project layout and key features such as sidewalks, landscaping, and channelization / traffic control features. Work Element 10 Right of Way Calculations and Plans / Exhibits Perform the following work items necessary to establish the right -of -way (ROW) for this project. 10.1 Research Records. Determine which existing corners and monuments should be field located and surveyed. 10.2 Calculations for ROW centerline alignment and ROW lines, using King County Assessor Maps, Title Reports, Records of Surveys, Plat Maps, calculated locations, surveyed corners, and monuments (all will be provided by the City). The CONSULTANT will verify the centerline alignment for 1St Ave S and S 328tH St. within the project limits as defined in this scope. The ROW centerline will be defined geometrically using Washington state plane coordinates and stationing will be assigned to the alignment. 10.3 Prepare and submit a draft and final preliminary funding estimate (PFE) for the once affected parcel describing the ownership, the estimated cost of any acquisition, labor, escrow, condemnation and summary of total right of way phase project costs. 10.4 Prepare and submit signed recordable Right -of -way exhibits, including legal descriptions to City. Also, provide an overall right of way plan that will be included as part of the contract documents. 10.5 Install temporary stakes for proposed right -of -way acquisition for negotiations only for one (1) parcel; no permanent right -of -way staking will be required. 10.6 Review title reports, maps, legal descriptions, appraisals, review appraisals and other information provided. Errors, questions and clarification will be reviewed and discussed with the City. Assumptions • The City will provide all title reports necessary for the project. Deliverables • An electronic copy (in PDF format) of the Right of Way plans / exhibits, draft City of Federal Way Page 14 of 20 KPG I" Ave S at S 32e St 913012013 and final versions. An electronic copy (in PDF format) of the Project Funding Estimate (PFE), draft and final versions. Work Element 11 Right of Way Appraisals Provide one (1) full narrative appraisal or Administrative Offer Summary report if applicable under the appraisal waiver process. The City will review the report and set just compensation for the parcel from which offers to the property owner will be made. Deliverables An electronic copy (in PDF format) of the Administrative Offer Summary Report, draft and final version. Work Element 12 Right -of -way Negotiation and Acquisition Provide right of way acquisition negotiation services for this project as follows: 12.1 Assemble parcel files. Parcels files will include: • Negotiator's Disclaimer, • Detailed written diaries for each parcel, • Fair offer letters, • Other items necessary for negotiations, • Signature ready legal documents for each parcel. Upon completion of negotiations or as directed by the City, the complete file will be submitted to the City. 12.2 Secure ownership information for those parcels requiring temporary access rights. 12.3 Provide acquisition and negotiation services for up to one (1) parcel, fee simple takes, permanent easements, and right of entries. Make at least three (3) personal contacts with each owner with the intent of reaching settlement for the conveyance of property or property rights needed for each parcel. As many contacts as needed to reach settlement will be made, until it is mutually agreed between the City and the CONSULTANT that negotiations be suspended or given to the City Attorney to pursue eminent domain actions. 12.4 The City will provide the CONSULTANT with deeds, easements, and right-of- entry agreements, which will be necessary to acquire all property and property rights. CONSULTANT will prepare deeds, easements, and right -of -entry agreements by filling in factual information. CONSULTANT will prepare offer letters, counter - proposal letters, payment vouchers, W9, Excise Tax Affidavit forms, and all other documents that are necessary to complete the acquisition of all property and property rights for one (1) parcel. The City will obtain the right of entry for the parcel with no take (1 parcel). City of Federal Way Page 15 of 20 KPG I" Ave S at S 328`h St 913012013 12.5 Preparation of all documents necessary for monetary lien and encumbrance removal and obtain signatures from parties in interest on each parcel. Coordination with the title company to obtain titles vested in the City clear of all encumbrances, which the City determines to be reasonable or will adversely impact the rights being acquired. Prepare payment vouchers for title clearing and submit to City to process payment for the parcel. The City will issue actual payment of all fees charged by trustees and /or beneficiaries to clear encumbrances, and other closing costs such as title policies, recording fees. More than one voucher will be necessary for most parcels to pay encumbrances as well as owners. All parcels will be delivered in a certification ready format. 12.6 Submit completed file to City for payments to owners and filing with the County. 12.7 Provide overall coordination for right -of -way activities. Maintain records, files, documents and reports in accordance with statutory, City guidelines and regulations. Provide written status reports on at least a monthly basis and provide verbal status reports on demand, as requested. Attend two (2) monthly project status meetings as requested. Assumptions • The CONSULTANT agents will act in good faith at all times and staff will never coerce owners in an attempt to settle parcels • CONSULTANT agents will make at least 3 personal contacts with the impacted property owner with the intent of reaching settlement for the conveyance of property or property rights needed from each parcel. As many contacts as needed to reach settlement will be made, until it is mutually agreed between the City and the CONSULTANT that City of Federal Way Page 16 of 20 KPG I" Ave S at S 328t4 St 913012013 negotiations should be suspended or given to the City Attorney to pursue eminent domain actions. • No relocations are assumed for this project. • No condemnation is assumed for this project. • Title Clearance will be done in accordance with City guidelines or with WSDOT LAG Manual Ch 25 section 25.8, whichever is chosen by the City. • The CONSULTANT will clear any liens and encumbrances that are in conflict with the City's intended use of the right of way acquired to ensure certification and that there are no conflicts of ownership or use of the land required during construction. • The City will pay the property owner and /or lien holders / encumbrancers for any property or property rights acquired through the closing process. Deliverables • Provide the City with an Administrative Settlement Letter for the one requested administrative settlement. • Prepare one offer letter. • Transmit organized parcel files containing all pertinent information, documents, forms, diaries, and Disclaimer Statements. Work Element 13 Final Design The CONSULTANT shall prepare two final design phases (85% and 100% level) of Final Plans, Specifications and Estimates for review and approval by the City. Plans shall be formatted to provide sufficient detail for convenient field layout of all proposed facilities. City standard details and WSDOT standard plans will be supplemented with project specific details as required. Final bid documents will be signed by a licensed professional engineer in the State of Washington. 13.1 Assemble a title and index sheet that would include a vicinity map. 13.2 Assemble a sheet for symbol and abbreviation legends, general notes. 13.3 Prepare construction staging plans that illustrate a method by which the construction consultant could perform the required work while minimizing, to the extent possible, the impacts on traffic and access to adjacent property. 13.4 Prepare roadway typical sections. 13.5 Prepare paving detail sheets. These plans will include horizontal alignment information for all curb ramp locations. 13.6 Prepare a schematic map showing survey control monuments location and their City of Federal Way Page 17 of 20 KPG 1" Ave S at S 328'" St 913012013 coordinate values. 13.7 Prepare site preparation and erosion control plans. These plans will include all demolition and erosion control, and will provide grading limits. 13.8 Prepare alignment, right of way, paving, and grading plans. These plans will include horizontal alignment information, right of way lines (the proposed right of way lines will be set as the existing once the acquisitions are complete in the final bid copy set), and plan views of pavement planing, grading and paving limits, as well as limits of cuttfill required and any potential small retaining walls. These plans will also include all roadside restoration details as there will be no landscaping and irrigation design needed in this project. 13.9 Prepare curb line profiles at all new locations. Roadway centerline profiles are not necessary as the project will match to the existing roadway centerlines. 13.10 Prepare channelization and signage plans. These plans will delineate the locations of all pavement markings including lane lines, crosswalks, turn arrows, stop lines and signage. 13.11 Prepare drainage detail sheets, depicting special or non - standard drainage features. KCRTS software will be used for hydrology and facility sizing. Precast vault elements (if necessary) are assumed with no structural design needed. 13.12 Prepare drainage plans and profiles. These plans will include information and plan views of storm drainage system including type, size and location of pipes, catch basins, and oil control devises, stormwater detention and treatment facilities. 13.13 Prepare a final Stormwater TIR addressing draft TIR comments from the City (draft completed in Work Element 7.6) at the 85% completion submittal. Include drainage profiles, detention and treatment design. Prepare calculations for stormwater conveyance for pipes and ditches within the road project limits. The storm drain analyses (both uniform flow and backwater) are for the proposed storm drains. Assumptions • Preparation of a Stormwater Pollution Prevention Plan (SWPPP) is not included in this scope of work. • Storm analysis and design improvements are limited to be within the road project limits for this project (i.e. referred to as `on- site). 13.14 Prepare signal system plans per City of Federal Way standards. This new signal at the intersection of S 328th Street will be interconnected with the existing signals to the north and south as they are today. However, the twisted pair cable that serves as the interconnect between SW 330th St. and S 325th PI will be City of Federal Way Page 18 of 20 KPG 1" Ave S at S 328`h St 913012013 intercepted at the new signal and the fiber optic cabinet that currently exists will be separated at S 328th and a new cable will run between S 328th St and SW 330th St as it is assumed that there isn't enough slack to simply intercept and terminate into the new cabinet from both ends. 13.15 Prepare roadway illumination system plans. Plans will include layouts of lighting system equipment, and conduit and conductor schedules. Illumination design shall be per the current City of Federal Way Street Lighting Standards. Photometric and line loss calculations shall be submitted to support the City of Federal Way design standards. This will only be a replacement of the existing illumination at the intersection location and will cover all new turn pocket channelization. The remaining PSE illumination on the wood poles, north and south, will remain, but will need to be re- connected (bridged) to keep them on the same circuit since the new intersection illumination will be from the signal circuit. 13.16 Prepare retaining wall plans, profiles, and details (if necessary). Plans views of retaining walls will be shown on the paving and grading plans prepared in Work Element 13.8. The horizontal limits of the retaining walls will be shown by station and offsets. Wall profiles will be prepared showing the top of wall, top of footing (if a CIP wall option issued), existing ground line and final ground line. Existing and proposed storm drain or utility crossings will be shown in the profile. Top of wall elevations will be provided at 25 -foot stations along the wall profile. Wall design details will be prepared and shown on these plans. These details will include a typical cross section of the wall, foundation details, fencing /handrail details, wall penetration details and sloping /shoring requirements. This work element includes preparing structural design calculations as needed related to the design of the retaining wall. 13.17 Prepare landscaping and irrigation plans in areas outside the sidewalks in order to adjust and replace existing landscaping and irrigation on private property (if necessary). This will be an OPTIONAL Service if private landscaping adjustments are necessary and not handled by the property owners and paid for through the right of way negotiation process. All landscaping and irrigation materials will be replaced in coordination with the property owner. 13.18 Perform 85% and 100% Design quantity take -offs and opinion of costs. 13.19 Prepare contract specifications for the 85% and 100% submittals based on WSDOT /APWA standards (English). City will provide their pre - formatted standard special provisions in MS Word 2010 for all specification divisions. Work Element 14 Plan Production 14.1 Assemble and submit plans and specifications for 85, and 100 percent levels of City of Federal Way Page 19 of 20 KPG 1" Ave S at S 328`h St 913012013 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 14.2 For AD Ready copy, Assemble and coordinate the printing and delivery of 50 sets of half -size contract plans, 50 sets of specifications and 6 full size sets of the plans. Work Element 15 Assistance During Bidding 15.1 Prepare addenda and respond to questions relayed through the City. It is assumed that the CONSULTANT will prepare up to three (3) addenda. 15.2 Attend bid opening. Sheet List (aRRroximate) Title /index sheet (1 sheet) Legend, Abbreviations General Notes (1 sheet) Construction Staging Plans (3 sheets) Roadway Sections (2 sheets) Survey Control (1 sheet) Site Preparation and Erosion Control Plans (3 sheets) Temporary Erosion Control Details (1 sheet) Alignment, Right of way, *and Paving Plans (4 sheets) Paving Details (1 sheet) Intersection Geometry (2 sheets) Drainage Plans (3 sheets) Drainage Profiles (1 sheet) Drainage Details (1 sheet) Utility Plans (1 sheet) Illumination Plans and Details (4 sheets) Roadway Profiles (including driveways) (2 sheets) Channelization and Signing Plans and Details (4 sheets) Traffic Signal Plan/interconnect (3 sheets) Signal Notes and Wire Schedule (1 sheet) Signal Pole Details (1 sheet) Signal Details (1 sheet) Retaining Wall Plans, profiles and details (if Necessary) (2 sheets) Landscape and Irrigation Plans (if necessary) 4 sheets TOTAL = 47 sheets Some sheets maybe combined during preliminary design if crowding is not an issue. This list is to support a basis for the general level of effort City of Federal Way Page 20 of 20 KPG 1 S` Ave S at S 32e St 913012013 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; Agency Software Suite is MS Office 2010; Agency CAD software is AutoCAD 2012. Exhibit D -2 Payment (Cost Plus a Fixed Fee) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work specified in Section II, "Scope of Work." The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost, overhead, direct non -salary costs, and fixed fee. I . Direct Salary Costs: The Direct Salary Cost is the direct salary paid to principals, professional, technical, and clerical personnel for the time they are productively engaged in work necessary to fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the direct salary costs billed to the AGENCY. 2. Overhead Costs: Overhead Costs are those costs other than direct costs, which are included as such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall be made at the rate shown in the heading of this AGREEMENT under "Overhead Progress Payment Rate." Total overhead payment shall be based on the method shown in the heading of the AGREEMENT. The two options are explained as follows: a. Fixed Rate: If this method is indicated in the heading of the AGREEMENT the AGENCY agrees to reimburse the CONSULTANT for overhead at the percentage rate shown. This rate shall not change during the life of the AGREEMENT. b. Actual Cost: If this method is indicated in the heading of the AGREEMENT the AGENCY agrees to reimburse the CONSULTANT the actual overhead costs verified by audit, up to the Maximum Total Amount Payable, authorized under this AGREEMENT, when accumulated with all other Actual Costs. A summary of the CONSULTANTS cost estimate and the overhead computation is shown in Exhibit `B" attached hereto and by this reference made part of this AGREEMENT. When an Actual Cost method is used, the CONSULTANT (prime and all sub - consultants) will submit to the AGENCY within six (6) months after the end of each firm's fiscal year, an overhead schedule in the format required by the AGENCY (cost category, dollar expenditures, etc.) for the purpose of adjusting the overhead rate for billing purposes. It shall be used for the computation of progress payments during the following year and for retroactively adjusting the previous year's overhead cost to reflect the actual rate. DOT Form 140 -089 EF Exhibit D -2 Revised 6/08 Failure to supply this information by either the prime CONSULTANT or any of their sub - consultants shall cause the AGENCY to withhold payment of the billed overhead costs until such time as the required information is received and an overhead rate for billing purposes is approved. The AGENCY, STATE and/or the Federal Government may perform an audit of the CONSULTANT'S books and records at any time during regular business hours to determine the actual overhead rate, if they so desire. Direct Non - Salary Costs: Direct Non - Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges and sub - consultant costs. a. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the AGENCY'S Travel Rules and Procedures. However, air, train, and rental car costs shall be reimbursed in accordance with 48 CFR Part 31.205 -46 "Travel Cost b. The billing for Direct Non - Salary Costs shall include an itemized listing of the charges directly identifiable wh the PROJECT. c. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. d. All above charges must be necessary for the services provided under this AGREEMENT. 4. Fixed Fee: The Fixed Fee, which represents the CONSULTANT'S profit, is shown in the heading of this AGREEMENT under Fixed Fee. This amount does not include any additional Fixed Fee, which could be authorized from the Management Reserve Fund. This fee is based on the Scope of Work defined in this AGREEMENT and the estimated person - hours required to perform the stated Scope of Work. In the event the CONSULTANT enters into a supplemental AGREEMENT for additional work, the supplemental AGREEMENT may include provisions for the added costs and an appropriate additional fee. The Fixed Fee will be prorated and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not previously paid in the progress payments will be covered in the final payment, subject to the provisions of Section IX entitled "Termination of Agreement." 5. Management Reserve Fund: The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $100,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the Management Reserve Fund is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the Management Reserve Fund shall be made in accordance with Section XIV, "Extra Work. "6. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the Management Reserve Fund. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIV, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT. B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of Actual Costs plus the calculated overhead and fee on a monthly basis during the progress of the work. Such billings shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under Section III, "General Requirements" of this AGREEMENT. The billings will be supported by an itemized listing for each item including Direct Salary, Direct Non - Salary, and allowable Overhead Costs to which will be added the prorated Fixed Fee. To provide a means of verifying the billed salary costs for CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the PROJECT at the time of the interview. C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent upon receipt of all PS &E, plans, maps, notes, reports, electronic data and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit, all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty (3 0) days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT has twenty (20) days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. D. Inspection of Cost Records: The CONSULTANT and their sub - consultants shall keep available for inspection by representatives of the AGENCY, STATE and the United States, for a period of three (3) years after receipt of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this contract is initiated before the expiration of the three (3) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. !- 1 W /r W 2 X W 0*1* .0 G D U) W LL E d O L CL E C4 N co i y O N M U. T CL O Q d V r co M 0 O 0 M N 0 P O 1- 0 �f It N Cl) co fl 'O h0MC00q' 7 0M CM0',� N N NCOO O I- C) M,.qt W M N (fl M C� M W 0 co CO (D � 00 0�tWM,4rOCM01-T- f-0 1- 00IT T-! 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O w m y y y C t0 - d C to N f0 C Y a y E C Y R 'C •O y •C t0 m a t0 V 0 m t0 to C .0 m CL C LL m¢ LVyVyolpN'�O y 0 C N 0 y m t6 = — U 0 0~ E U 0~ Nmm m~ _ E-cdUO a.0 a N� _ — 3 0 0 0 `0 y m m n m r C d •° m ca v c m c 'N 0 m cc 0 U) 0 C c 0 0 5 C a a j C m v m� 0 C \` y C m m E— C m (0 N U 3 C y O E E a 0 0 E m e 0 m> Z m =a m m m`k �:°. co o E 00) 1 E E m E 0_ 0 0 0 Of 7 •- 7 t C O m N O t0 m 0 y y m 0 m W H Z U�'dNNQUUD�LLH W -j W O4 W QQO W dQd' Y Y r N Cl) 10 CO n O O) - - - - Mr W ` r N ` r N F ----- -��1,2 �2 r� ��� 3V U t7 Y° (O(�••ff O\> O V O V• a •GO m G 2v 3N m W O Q U� EXHIBIT E -1 REIMBURSABLE EXPENSES Project: City of Federal Way 4a 1st Ave S at S 328th St Improvements Architecture 30- Sep -13 Landscape Architecture Civil Engineering Reimbursable Breakdown Work Element 1 - Project Management Mileage $ - Reproduction $ 100.00 Task 1 -Total $ 100.00 Work Element 2 - Quality Control /Quality Assurance Mileage $ - Reproduction $ - Task 2 - Total $ Work Element 3 - Mapping Mileage $ 50.00 Reproduction $ 200.00 Task 3 - Total $ 250.00 Work Element 4 - Utility Mappin Mileage $ 25.00 Reproduction $ - Field Utility locates $ 1,700.00 Task 4 - Total $ 1,725.00 Work Element 5 - Traffic Analysis Report Mileaae $ 25.00 200.00 Task 5 - Total $ 225.00 Work Element 6 - Geotechnical Mileaae $ 50.00 Reproduction $ - Task 6 - Total $ 50.00 Work Element 7 - Design Report Mileage $ 150.00 Reproduction $ 200.00 Task 7 - Total $ 350.00 Work Element 8 - Environmental Reproduction $ 25.00 Task 8 - Total $ 25.00 Work Element 9 - Community and Agency Coordination Mileaae $ - Reproduction $ - Task 9 - Total $ - City of Federal Way Page 1 of 2 KPG 1st Ave S at S328th St Intersection 0913012013 EXHIBIT E -1 REIMBURSABLE EXPENSES Project: City of Federal Way Cx 1st Ave S at S 328th St Improvements Architecture 30- Sep -13 Landscape Architecture ♦ Civil Engineering Reimbursable Breakdown Work Element 10 - Right of Way Calculations Mileage $ - Reproduction $ 50.00 Task 10 - Total $ 50.00 Work Element 11 - Right of Way Appraisals Mileage $ 65.00 Task 11 -Total $ 65.00 Work Element 12 - Right of Way Negotiations and Acquisition Reproduction $ 400.00 Task 12- Total $ 400.00 Work Element 13 - Final Mileage $ 200.00 Reproduction $ 200.00 Task 13 - Total $ 400.00 Work Element 14 - Plan Production 50.00 RE Task 14 - Total $ 3,050.00 Work Element 15 - Assistance During Bidding Mileage $ - Reproduction $ 50.00 Subconsultant support $ 500.00 Task 15- Total $ 550.00 Reimbursable Subtotal $ 7,240.00 Administrative fees on reimbursables (0 %) TOTAL REIMBURSABLES 7,240.00 City of Federal Way Page 2 of 2 KPG 1st Ave S at S328th St Intersection 0913012013 EXHIBIT F Amik Washington State Transportation Building Department of Transportation 310 Maple Park Avenue S.E. Paula J. Hammond, P.E. P.O. sox 47300 Olympia, WA 98504 -7300 Secretary of Transportation 360 -705 -7000 August 10, 2012 TTY: 1-800 -833 -6388 www.wsdotwa.gov Susan Rowe KPG, Inc. 753 90 Ave N Seattle WA, 98109 Re: KPG, Inc. Overhead Schedule Fiscal Year End December 31, 2011 Dear Ms. Rowe: We have completed a desk review of your overhead schedule for the above referenced fiscal year. Our review included the documentation provided by KPG, Inc. The reviewed data included, but was not limited to; the schedule of the indirect cost rate, a description of the company, basis of accounting and description of KPG, Inc. accounting system and the basis of indirect costs. Based on our work, we are issuing this letter of review establishing KPG, Inc. overhead rate for the fiscal year ending December 31, 2011 at 145.78% (rate includes Facilities Cost of Capital) of direct labor. Costs billed to actual agreements will still be subject to audit of actual costs. Please check with the WSDOT Consultant Services Office (HQ) and/or the WSDOT Area Consultant Liaison to determine when this reviewed rate will be applicable to your WSDOT agreernent(s). Also, remember that when you provide next year's overhead schedule to our office, you will also need to submit either your internally prepared Compensation Analysis for our review, or use the National Compensation Matrix (NCM) format to prepare your alternate analysis and we will review that. The NCM is a tool that establishes compensation amounts presumed reasonable for certain executive positions. The Compensation Analysis and NCM are described further in the AASHTO Audit Guide, Chapter 7. We will need your Compensation Analysis, or alternative analysis based on use of the NCM, in order to complete our review of your overhead schedule. 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, -M.aT ' 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 December 31st, 2011 Financial Statement Accepted Description Amount KPG Adj. WSDOT Adj. Ref. Amount % Direct Labor $2,817,914 $3,600 Q $2,821,514 100.00% i Fringe Benefits: $556,434 19.72% Vacation, Sick, & Holiday $556,434 131,345 Q 383,995 13. Payroll Taxes 252,650 49,347 16.553% 3% Health Insurance 466,347 19,953 1 0.71% Workers' Comp. Insurance 19,953 (6,100) M 0 0.00% Holiday Bonus 6,100 73,279 2.60% Profit Sharing (401 -k) 73,279 $1,374,762 $0 $125,245 $],500,007 53.16% Total Fringe Benefits General Overhead: Indirect Labor $1,155,440 ($5,139) ($140,386) AN $1,009,915 35.79% Bid &Proposal Labor 318,208 8,400 F, T 318,208 27,754 1128% 0.98 % Accounting &Legal 31,829 90,792 (12,475) (29,081) (28,118) B, O 33,593 1.19°/0 Automobile 6 0.00 % Bank Charge Donations 6 2,350 (2,350) J 0 0.00% Conferences 16,493 (2,680) D,J,L 13,813 22,181 0.49% 0.790/6 Organizations 22,259 (78) E 5,027 0.18% Publications Employee Services 5,027 52,297 (52,297) P (0) 0.000/0 Interest 6,365 (6,365) G 0 7,804 0.00% 0.28% Licenses Meals 7,804 42,499 (42,499) H 0 0.000/0 IT - Computer 121,894 (1,055) 15,738 D,Q 121,894 116,577 4.32% 4.13% IT - Telephone 101,895 15,986 0.57% IT - Training 15,986 52,745 1.87% Office Supplies 52,745 6,653 0.24% Payroll Services 6,653 3,274 0.12% Postage & Delivery 3,274 4,002 0.14% Printing 4,002 311 0.01% Recruiting Costs 311 547,488 (270,210) (32,006) K, R 245,272 8.690/9 Rent Repairs & Maintenance 60,173 60,173 0 2.13% 0.00% Shareholder Buyout �' 94,086 (18,650) (75,436) G,S 46,150 1.64 % Survey Taxes & Insurance 46,150 405,108 (20,968) C 384,140 13.61% Travel 8,396 (8,396) H (0) 36,211 0.009'0 1280/9 Utilities Depreciation 36,211 146,622 (88,959) 1 57,663 2.04% Total General Overhead $3,402,361 ($508,904) ($304,105) $2,589,352 91.77% Total Overhead Costs $4,777,123 ($508.,904) ($178,860) $4,089,359 144.93% Overhead Rate (Less FCC) 169.53% 151.47% 144.93% Pape I EXHIBIT F KPG, Inc. 2011 Overhead Schedule For FY Ending December 31st, 2011 Financial Statement Accepted Description Amount KPG Adj. WSDOT Adj. Ref. Amount % Facilities Cost of Capital $23,756 0.840/9 $4,113,115 Overhead Rate (Includes FCC) KPG Corp - Reviewed & Accepted 811012011, MJP "Overhead Rate still subject to WSDOT Audit" 145.78% References KPG Adjustments: Al Overtime premium unallowable $486 per 48 CFR 22.103-1,22.103-4(g) A2 Severance pay unallowable $4,653 B Mixed use auto allowances ? 1/2 of $58,161 per 48 CFR 31.205 -6 (m) (2) and 31.20546 (d) C Key person life insurance unallowable $20,968 per 48 CFR 31.205- 19(e)(2)(v). Dl Advertising unallowable (1/2 page ad) $225 per CFR 31.205 -1 D2 Advertising unallowable (yellow pages) $1,055 per CFR 31.205 -1 E Lobbying unallowable $78 per CFR 31.205 -22 F Tax preparation fees unallowable $12,475 per 48 CFR 31.20541 (b) (1), 31.201 -6 (a), S -Corp G I Interest unallowable $6,365 per 48 CFR 31.205 -20. G2 Interest unallowable $18,650 per 48 CFR 31.205 -20. H 1 Inadequate supporting documentation unallowable (meals) $42,499 H2 Inadequate supporting documentation unallowable (travel) $8,396 I Accelerated depreciation unallowable $88,959 J1 Donations Unallowable $2,350 J2 Donations Unallowable $560 K Common Control Rent adjustment $270,210 L Entertainment unallowable (golf) $1,895 WSDOT Adjustments: M Bonus is not performance based all employees revived $100 Holiday gift, 48 CFR 31205 -6 (f), AASHTO Clip 7.12 N Two Employee's received $50,000 each of unallowable distributions, payment for Gym, $2,609 is unallowable 48 CFR 31.205 -13 (c), medical payment already in fringe benefits $38,263,WSDOT overhead policy expired with OH's for 2009 (see ref Al) $486 now allowable. O Personal use of Auto's unallowable removed 63% of all Auto accounts, per mileage log provided by firm, 48 CFR 31205 -46 (d) P Entertainment, Gifts, Dinners and Gym membership is unallowable 48 CFR 31.205 -13 (b), 31.205 -14, Q Improper calculation, firm missed $15,738 indirect expense and $3,600 of direct labor, taxes in addition to FICA not expensed in the amount of $131,345 R $32,006 of sub-leased rent received, 48 CFR 31.201 -5 S Organization cost of shareholder buyout is unallowable 48 CFR 31.205 -6 (i) & 31.205 -27 T WSDOT Overhead policy expired with 2009 Overhead, see Ref F, $8,400 tax Prep fee's allowable, $4,075 of S -Corp personal tax Prep still unallowable Page 2 Exhibit G Subcontracted Work The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT: DOT Form 140 -089 EF Exhibit G Revised 6 /05 Exhibit G -1 Subconsultant Fee Determination - Summary Sheet (Mandatory when Subconsultants are utilized) Project: 1 ST AVENUE S AT S 328TH STREET INTERSECTION IMPROVEMENTS Sub Consultant: Landau Associates, Inc. Direct Salary Cost (DSC): Principal 2.0 Senior 17.0 Project 52.0 Senior Staff 50.0 Project Coordinator 14.0 Support Staff 4.0 CAD /GIS Technician 8.0 X X X X X X X X X 61.05 37.13 28.62 24.07 24.42 18.77 25.50 Total DSC = $ DMI $ 122.10 631.21 1,488.24 1,203.50 341.88 75.08 204.00 4,066.01 Overhead (OH Cost -- including Salary Additives): OH Rate x DSC of 198 %X$ 4,066.01 = 8,050.70 Fixed Fee (FF): FF Rate x DSC of 30 %X$ 4,066.01 = 1,219.80 Reimbursables: Itemized = 12,741.00 SubConsultant Total = Grand Total = 26,077.51 Prepared By: Landau Associates DOT Form 140 -089 EF Exhibit G -1 Revised 01/09 Date: October 7, 2013 EXHIBIT G -1 0 6 z 2 O F ruFW Y = N J C S ru HO� � � W m � OLL 0 O h W 7 F b Exhibit G -1 Subconsultant Fee Determination - Summary Sheet (Mandatory when Subconsultants are utilized) Project: 1 ST AVENUE S AT S 328TH STREET INTERSECTION IMPROVEMENTS Sub Consultant: Abeyta & Associates (All inclusive labor rates - small firm) Direct Salary Cost (DSC): Classification Man Hours Principal/SR/WA Agent/PM 136.0 X 105.00 Administrative Assistant 14.0 X 60.00 X X X X X X X Total DSC = Overhead (OH Cost -- including Salary Additives): OH Rate x DSC of 0 %X$ 15,120.00 = Fixed Fee (FF): FF Rate x DSC of 0 %X$ 15,120.00 = Reimbursables: $ 14,280.00 840.00 $ 15,120.00 0.00 0.00 Itemized = 5,260.00 SubConsultant Total = Grand Total = 20,380.00 Prepared By: abeyta Date: September 30, 2013 DOT Form 140-089 EF Exhibit G -1 Revised 01/09 c E 0 CL E c 0 v m a c o— a' o d m U) r eo N M N a NA m Q m r EXHIBIT G -1 w m e CL w m w i a .t! r 0 a o CL A a v v � u 3 ffi m 0 a>i a m a v 0 w M Q� �s o Q w Exhibit G -2 Subconsultant Fee Determination - Summary Sheet (Specific Rates of Pay) Fee Schedule Subconsultant Landau Associates Inc. Discipline or Job Title Hourly Rate Overhead @ 198.00 % Profit @ 30.00 % Rate Per Hour Principal 61.05 120.88 18.32 200.2 Senior Associate 52.79 104.52 15.84 173.1 Associate 52.88 104.70 15.86 173.4 Senior 37.13 73.52 11.14 121.7 Senior Project 34.39 68.09 10.32 112.8 Project 28.62 56.67 8.59 93.8 Senior Staff 24.07 47.66 7.22 78.9 Staff 23.03 45.60 6.91 75.5 Technician 16.91 33.48 5.07 55.4 Project Coordinator 24.42 48.35 7.33 80.1 Support Staff 18.77 37.16 5.63 61.5 CAD /GIS Technician 25.50 50.49 7.65 83. DOT 140 -089 EF Exhibit E -2 8/07 Exhibit G -2 Subconsultant Fee Determination - Summary Sheet (Specific Rates of Pay) Fee Schedule Subconsultant Abeyta & Associates All inclusive labor rates - small firm Discipline or Job Title Hourly Rate Overhead @ % Profit @ % Rate Per Hour Principal, SR/WA Agent, Project Manager 105.00 105.0 Acquisition Agent 95.00 95.0 Administrative Assistant 60.00 60.0 DOT 140 -089 EF Exhibit E -2 8/07 EXHIBIT G -3 September 26, 2013 Landau Associates, Inc. 130 - 2nd Avenue S Edmonds, OVA 98020 Subject: Approval of Rate Table Dear Mr. Dennis Hobbs: WSDOT has received and reviewed your proposed rates. Based on that review we have approved your rates, (see attached approved rate table) effective September 10, 2013. These rates are on a provisional basis and will be subject to renegotiations when the iWSDOT Audit Office has concluded their desk review. These rates are approved for Agreement Number Y- 11420. Your rates may reviewed again on the anniversary date of the execution date of this agreement with the State. If you have questions regarding this approval, please contact me at 360- 705 -7106. Sincerely, Erik 3onson Manager, Consultant Services Office E:kal Enclosure: Approved Rate Table cc William (Bill) Hegge, MS -47365 (4 E CA o ss ME c 0 A 00 z fl co C-4 1, 1-4 I-: vi C4 4) r CO ari M iD 6 g4 4 W Cj V) t Cn 9 N 9 C04D CM t GD 9 r-Z: Oro, C60 0 0 6 N 6 6 C-4 C4 6 C6 6 w 0 0 C6 6 6 iA C4 ui C4 r.- q 3-0 A q M q M q I I to W� w to U> to 0:::! I- CW 4 V� C� q Wo 0 m 3 Cl . 8 m 0 0 0 m Lo co w CC 100 —V —M IC-4 v It m N N C -0 C L � w c .0 70 0- to c 0. 0 S c c 6 * c .0 c 06 c IL j� (L 0 US U) IL (J') A 00 z fl EXHBIT G -3 BE TA VIA EMAIL: richardh @kpg.com October 8, 2013 Richard Hutchinson KPG, Inc. 2502 Jefferson Ave Tacoma WA 98402 Subject: Billing Rate Statement Project: 1st Ave S at S 328th Street - Intersection Improvement Dear Mr. Hutchinson: Abeyta & Associates is a small business and qualifies to receive compensation based on a negotiated hourly rate. Below are the hourly billing rates from 2013 through 2014. These rates are fully burdened and are the low est rates ch arged for all new contracts to our preferred cu stomers. These rates are valid from the date of this letter and through the end of 2014. C ficatiot Principal, SR/WA Agent, Project Manager Hourly Rite ° 2013 2014 $105.00 Acquisition Agent $95.00 Administrative Assistant $60.00 All travel expenses will be billed per the City of Federal Way's Travel Regulations and all sub - consultant costs and direct reimbursable expenses will be at cost with no mark -ups. Sincerely, ABEYTA & ASSOCIATES Rosa M. Villa, SR/WA Designated & Managing Broker 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. 3. Solicitations for Sub - consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub - contract, including procurement of materials or leases of equipment, each potential sub - consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under this AGREEMENT and the REGULATIONS relative to non - discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by AGENCY, STATE or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, STATE or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. Sanctions for Non - compliance: In the event of the CONSULTANT'S non - compliance with the non- discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE or the FHWA may determine to be appropriate, including, but not limited to: • Withholding of payments to the CONSULTANT under the AGREEMENT until the CONSULTANT complies, and/or; • Cancellation, termination, or suspension of the AGREEMENT, in whole or in part DOT Form 140 -089 EF Exhibit H Revised 6/05 6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through (5) in every sub - contract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub - consultant or procurement as the AGENCY, STATE or FHWA may direct as a means of enforcing such provisions including sanctions for non - compliance. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub - consultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the STATE and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. Exhibit I Payment Upon Termination of Agreement By the Agency Other Than for Fault of the 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 final payment shall be made to the CONSULTANT which when added to any payments previously made, shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total work required for the Project. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Specific Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actual hours 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 Exhibit I Revised 6/05 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 Errors) is Identified by Agency's Project Manager At the first indication of potential consultant design errors), 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 errors). 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 Documents the Alleged Consultant Design Error(s) After discussion of the alleged design enror(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs, records of labor, materials and equipment. Step 3 — Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manger and any personnel (including sub - consultants) deemed appropriate for the alleged design errors) 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 errors) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place. The agency is to provide H &LP, through the Region DOT Form 140 -089 EF Exhibit J Revised 6/05 Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements. No further action is required. There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. Step 5 — Forward Documents to Highways and Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Highways and Local Programs Engineer to H &LP for their review and consultation with the FHWA. H &LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary, H &LP will request assistance from the Attorney General's Office for legal interpretation. H &LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement. If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. H &LP, in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue. If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or by litigation. Exhibit K Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1— Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 — Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1, the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Highways and Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Highways and Local Programs (if applicable), and FHWA (if applicable) agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim. After the request has been approved, the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No 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). If the project involves federal participation, obtain concurrence from WSDOT Highways and Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5 — Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim (s) and rationale utilized for the decision. Step 6 — Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. I hereby certify that I am Exhibit M -1(a) Certification Of Consultant A i' P-+ �1 u I-A representative of the firm of KPG, Inc. `1 S3 94- /1/6.1 ut, 0 S�.t -rTu= 1p9 firm I here represent has: Project No. Local Agency and duly authorized whose address is and that neither I nor the above (a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure the AGREEMENT; (b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or (c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any); I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subiect to annlicable State and Federal laws, both criminal and civil. 0 -Lot -5 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 acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. 1� 15 f 13 Date CITY OF FEDERAL WAY r Skip Priest Mayor 33325 8`h Avenue S Federal Way, WA 98003 -6325 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 debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; B. Have not within a three -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (I) (B). of this certification; and D. Have not within a three (3) year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. 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. -I 01'-L-( I U ( 3 (Date) DOT Forth 140 -089 EF Exhibit M -2 Revised 6/05 (Signature) Oresident or Authorized Official of Consultant Exhibit M -3 Certification Regarding The Restrictions of The use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: I. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Consultant (Firm): KPG, Inc. (Date) DOT Form 140 -089 EF Exhibk M -3 Revised 6105 ---,A -�� i�\ (Signature) President or Authorized 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 defined in section 15.401 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403 -4) submitted, either actually or by specific identification in writing, to the contracting officer or to the contracting officer's representative in support of [ U at S & � 3 U' f fi (Af r&P S C-� "-t 14-1 * are accurate, complete, and current as of 2r( (2> (3 * *. 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 A v U5- 'b Aki l 5 Title Q P'4 J44 4." Date of Execution * ** (6 ( Z-( ( *tot 5 * 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 6105 ' ® DATE (MMIDDIYYYY) I ___ CERTIFICATE OF LIABILITY INSURANCE 10/31/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Michael J Hall & Company fall & Company 19660 10th Ave NE 'oulsbo WA 98370 INSURED KPG Inc 753 9th Avenue North Seattle WA 98109 4Y, B: AFFORDING r`nvconrncc r`FDTIFIr`ATF All IUPr-0- 470noQ04n4 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE A DL IN SR WVD POLICY NUMBER POLICY EFF MMIDDIYYYY I POLICY EXP (MMIDDIYYYYI LIMITS A GENERAL LIABILITY 6803947N451 /1/2013 11/2014 EACH OCCURRENCE $1,000,000 • COMMERCIAL GENERAL LIABILITY DAMAGE TO RENT PREMISES Ea occurrence) $300,000 MED EXP (An one person $5,000 CLAIMS -MADE a OCCUR PERSONAL & ADV INJURY $1,000,000 • XCU /OCP /BFPD • Cross Liability GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $2,000,000 $ POLICY I X I PRO- LOC B AUTOMOBILE LIABILITY BA4011 N714 /1/2013 /1/2014 Ea accident ) $1,000,000 BODILY INJURY (Per person) $ X ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS NON-OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE Per accident $ S UMBRELLA LIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR DIED RETENTION $ A WORKERS COMPENSATION 803947N451 /1/2013 /1/2014 WC S TATU- X OTH- IMIT L ER WA Stop Gap AND EMPLOYERS' LIABILITY YIN ANY IEXECUTIVE E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEd $1,000,000 OFFICER/MEMBEPROPRIETORIPARTNER UD (Mandatory In NH) N /A E.L. DISEASE - POLICY LIMIT 1 $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below C Professional Liab Claims Made 1147823385/013 /112013 51112014 $1,000,000 Per Claim Retro Date: $1,000,000 Aggregate June 1, 1994 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) Certificate Holder(s) is /are an Additional Insured on the Commercial General Liability and Auto Liability when required by written contract or agreement regarding activities by or on behalf of the Named Insured. The Commercial General Liability insurance is primary insurance and any other insurance maintained by the Additional Insured shall be excess only and non - contributing with this insurance. A waiver of subrogation applies to the Commercial General Liability, Auto Liability, Umbrella / Excess Liability and Workers Compensation / Employers Liability in favor of the Additional Insured. Job Name: PN 13139 - 1 st Avenue S at S 328th Street Intersection Improvements City of Federal Way 33325 8th Ave S Federal Way WA 98003 -6325 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 4 z 7 ©1988 -2010 ACUKD UUKI'VKA I IUN. An ngnts reservea. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contractor agreement requiring insurance" to in- clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products- completed operations hazard ". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury' for which that per- son or organization has assumed liability in a con- tract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which cover- age as an additional insured specifically is added by another endorsement to this Cover- age Part. e. This insurance does not apply to the render - ing of or failure to render any "professional services ". f. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non - contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; . after you have entered into that_ "contract or agreement requiring insurance ". But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have - against any person or organization because of payments we make for "bodily, injury", "property ' damage" or "personal injury' arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily CG D3 8109 07 C 2007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission COMMERCIAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- sonal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in- jury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2007 The Travelers Companies, Inc. CG D3 81 09 07 Includes the copyrighted material of Insurance Services Office, Inc., with its permission COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDfTIONAL INSURED B. EMPLOYEE HIRED AUTO C. EMPLOYEES AS INSURED D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS E. TRAILERS —INCREASED LOAD CAPACITY F. HIRED AUTO PHYSICAL DAMAGE G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES —INCREASED LIMIT A. BLANKET ADDITIONAL INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LIABILITY COV- ERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance applies and only to the extent that person or or- ganization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. B. EMPLOYEE HIRED AUTO The following is added to Paragraph A.1., Who Is An Insured, of SECTION 11 — LI- ABILITY COVERAGE: An "employee" of yours is an "insured" while operating a covered "auto" hired or rented under a contract or agreement in that "em- ployee's" name, with your permission, while H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT — INCREASED LIMIT 1. WAIVER OF DEDUCTIBLE —GLASS J. PERSONAL EFFECTS K. AIRBAGS L. AUTO LOAN LEASE GAP M. BLANKET WAIVER OF SUBROGATION performing duties related to the conduct of your business. 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while perform- ing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto ". C. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LIABILITY COV- ERAGE: CA T4 20 07 10 © 2010 The Travelers Indemnity Company. All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2) of SECTION II — LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. G. 2. The following replaces Paragraph A.2.a.(4) of SECTION II — LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. E. TRAILERS —INCREASED LOAD CAPACITY The following replaces Paragraph C.1. of SEC- TION I — COVERED AUTOS: 1. "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. F. HIRED AUTO PHYSICAL DAMAGE The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Hired Auto Physical Damage Coverage If hired "autos" are covered "autos" for Liability Coverage but not covered "autos" for Physical Damage Coverage, and this policy also provides Physical Damage Coverage for an owned "auto ", then the Physical Damage Coverage is extended to "autos" that you hire, rent or borrow subject to the following: (1) The most we will pay for "loss" in any one "accident" to a hired, rented or borrowed "auto" is the lesser of: (a) $50,000; (b) The actual cash value of the damaged or stolen property as of the time of the "loss ": or (c) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. (2) An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss ". (3) If a repair or replacement results in better than like kind or quality, we will not pay for the amount of betterment. (4) A deductible equal to the highest Physical Damage deductible applicable to any owned covered "auto ". (5) This Coverage Extension does not apply to: (a) Any "auto" that is hired, rented or bor- rowed with a driver; or (b) Any "auto" that is hired, rented or bor- rowed from your "employee ". PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT— INCREASED LIMIT Paragraph C.2.. Limit Of Insurance, of SEC- TION III — PHYSICAL DAMAGE COVERAGE is deleted. I. WAIVER OF DEDUCTIBLE —GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. J. PERSONAL EFFECTS The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Effects Coverage We will pay up to $400 for "loss" to wearing ap- parel and other personal effects which are: (1) Owned by an "insured "; and (2) In or on your covered "auto ". This coverage only applies in the event of a total theft of your covered "auto ". No deductibles apply to Personal Effects cover- age. Page 2 of 3 © 2010 The Travelers Indemnity Company. All rights reserved. CA T4 20 07 10 Includes copyrighted material of Insurance Services Office, Inc. with its permission. K. L. AIRBAGS The following is added to Paragraph 8.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss ". AUTO LOAN LEASE GAP The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles In the event of a total "loss" to a covered "auto" of the private passenger type shown in the Schedule or Declarations for which Physical Damage Cov- erage is provided, we will pay any unpaid amount due on the lease or loan for such covered "auto" less the following: (1) The amount paid under the Physical Damage Coverage Section of the policy for that "auto"; and COMMERCIAL AUTO (2) Any: (a) Overdue lease or loan payments at the time of the "loss "; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not returned by the les- sor (d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (e) Carry -over balances from previous loans or leases. M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract exe- cuted prior to any "accident or "loss ", pro- vided that the "accident" or "loss" arises out of the operations contemplated by such con- tract. The waiver applies only to the person or organization designated in such contract. CA T4 20 07 10 © 2010 The Travelers Indemnity Company. All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission.