AG 16-035RETURN TO:
PW ADMIN EXT: 2700
ID #:
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
ORIGINATING DEPT/DIV: PUBLIC WORKS / STREETS
ORIGINATING STAFF PERSON: CHRISTINE MULLEN
TYPE OF DOCUMENT (CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
❑ PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT
❑ REAL ESTATE DOCUMENT
❑ ORDINANCE
'CONTRACT AMENDMENT (AG #):16 -035
❑ OTHER SUPPLEMENT # 2
EXT: 2723 3. DATE REQ. BY:ASAP
❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ MAINTENANCE AGREEMENT
❑ HUMAN SERVICES / CDBG
❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
❑ RESOLUTION
❑ INTERLOCAL
G. PROJECT NAME: STEEL LAKE PARK TO DOWNTOWM TRAIL PROJECT
;. NAME OF CONTRACTOR: KPG, P.S.
ADDRESS: 3131 ELLIOT AVE., SUITE 400, SEATTLE, WA 98121 TELEPHONE: (206) 267 -1052
E -MAIL: NELSON@KPG.COM FAX:
SIGNATURE NAME: NELSON DAVIS TITLE: PRESIDENT
I. 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 #06 101042 000 00 BL EXP. 12/31/17 um #601248648 , EXP. 12/31/17
'. TERM: COMMENCEMENT DATE: UPON EXECUTION COMPLETION DATE:06/30/2018
L. TOTAL COMPENSATION: $95,016.52 TOTAL ($2,106.36 SUPPLEMENT # 2) (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: $YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $12,550 TOTAL ($100 SUPPLEMENT # 2)
IS SALES TAX OWED: ❑ YES .NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY
RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED
❑ PURCHASING: PLEASE CHARGE TO: 306 -4400- 200 -595- 30-411
I. DOCENT / CONTRACT REVIEW
PROJECT MANAGER
�DNISION MANAGER \
E bEPUTY DIRECTOR
le DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
ya'LAW DEPT
INITIAL/ DATE REVIEWED
1 / 7//
INITIAL / DATE APPROVED
0. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE:
1. CI6RACT SIGNATURE ROUTING VENDOR/CONTRACTOR DATE SENT: `Z 11)11-1 DATE RECD: 1 I25 (( 1
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE
(INCLUDE DEPT. SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.)
T
X LAW DEPT
yk SIGNATORY (MAYOR OR DIRECTOR)
❑ CITY CLERK
❑ ASSIGNED AG #
❑ SIGNED COPY RETURNED
❑ RETURN ONE ORIGINAL
:OMMENTS:
XECUTE " 2 ORIGINALS
INITIAL/DATE SIGNED
APF--" 1LT1
AG 16 -035 SUPPLEMENT NO. 2
CITY OF FEDERAL WAY
LOCAL AGENCY STANDARD CONSULTANT AGREEMENT
FOR
STEEL LAKE PARK TO DOWNTOWN TRAIL PROJECT
DESIGN SERVICES
The local agency of the City of Federal Way desires to supplement the agreement entered into
with KPG, P.S. effective the 21st day of March 2016, identified as Agreement No. AG16 -035
and Supplement No.1 on the 30th day of September 2016. 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, GENERAL SCOPE OF WORK, shall be amended as follows: A new work
element shall be added to the Scope of Services:
Work Element #14 — ON -CALL CONSTRUCTION SUPPORT: KPG shall provide on-
call construction support services as requested. This task shall not be billed to unless a
written work order is provided by the City of Federal Way.
11
Section IV, TIME FOR BEGINNING AND COMPLETION, shall be amended as follows:
Completion date shall be changed to June 30, 2018.
III
Section V, PAYMENT PROVISIONS, shall be amended as follows: Payment shall be
amended in the amount of $2,106.36 as identified on the Attached Exhibit D -2. The revised total
contract amount shall be $95,016.52.
IV
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)7ay or _/ , 2017.
KPG, P.S.
By:
Its:
Nelson Davis, P.E.
President
3131 Elliot Ave., Suite 400
Seattle, WA 98121
CITY OF FEDERAL WAY
By:
Its: Mayor
33325 8th Ave S
Federal Way, WA 98003
APPROVED AS TO FORM:
-For Ryan Call, City Attorney
K1STREETS\PROJECTS\Steel Lake Park to Downtown Trail\Design\Consultant Contract\KPG Contract\Supplement # 21AG 16 -035 Supl. 2- 71117 - Final.doc
EXHIBIT D -2
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RETURN TO: TV) 7 ,I I V1fl EXT: 2,700 11 g (2-
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT/DIV: PUBLIC WORKS / Si- r ee't 5
A; SPrn
2. ORIGINATING STAFF PERSON: Chr15 -1-1 ne M utter) EXT: x 272-3 3. DATE REQ. BY: (,iJea . q l j
4.
TYPE OF DOCUMENT (CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
❑ PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT
❑ REAL ESTATE DOCUMENT
❑ ORDINANCE r_ c
5
is CONTRACT AMENDMENT (AG #): 11C/ -- 0 3
❑ OTHER 6 U 1" pke1'Y1C.t'l4'. 1
❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ MAINTENANCE AGREEMENT
❑ HUMAN SERVICES / CDBG
❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
❑ RESOLUTION
❑ INTERLOCAL
5. PROJECT NAME: SAtc l Lake Pay k - D 1:01A/r' --o W n -Tr-Ai ( Pa/ eGt
6. NAME OF CONTRACTOR: K% , 'RS •
ADDRESS: 3131 Ell int1 -IVY . , S LlY{f. I-KX
E -MAIL: nelson @ Kp9 COm
SIGNATURE NAME: SJ eks O/1 'DAJi lam• E •
SCa+1 -lc , WA 16121
TELEPHONE: (2c4> /J01.1052.
FAX: (201..) 2.8(o- ((o3G
TITLE: ?ri CI pcu..
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 #Qp•tO1042'c OO•cO BL, EXP. 12/31/ l.p UBI #(0012_1 3410 , EXP. / /
a5 Mod+ died by
8. TERM: COMMENCEMENT DATE: "b / -t / 1(D COMPLETION DATE: '7 / 3l /C7 (-1-n 5upp1Gmer►��
9. TOTAL COMPENSATION: $ 1G10 .11L 6'10 O► lUU 1 P (.lDl..Y1' I IS SL �lINCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE - AMC I CHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ® YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ 12.) t4 550 • C O
IS SALES TAX OWED: ■ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY
s PURCHASING: PLEASE CHARGE To: ' )CID • WA CO • eQOO • yqS ' 3 O' 411
10. DOCUMENT / CONTRACT REVIEW
X PROJECT MANAGER
DIVISION MANAGER
DEPUTY DIRECTOR
DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
At LAW DEPT
11. COUNCIL APPROVAL (IF APPLICABLE)
INITIAL / DATE REVIEWED INITIAL / DATE APPROVED
COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE:
12. CONTRACT SIGNATURE ROUTING (� �� ^ ,
SENT TO VENDOR/CONTRACTOR DATE SENT: .1 '
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
I. _ IAL /DATE GNED
LAW DEPT
CHIEF OF STAFF
XI SIGNATORY (MAYOR OR DIRECTOR)
❑ CITY CLERK ,
ASSIGNED AG #
SIGNED COPY RETURNED
❑ RETURN ONE ORIGINAL
COMMENTS:
EXECUTE 2." ORIGINALS
DATE SENT: )0-6-10
DATE REC'D:
cti2(eitu
1/15
AG 16 -035 SUPPLEMENT NO. 1
CITY OF FEDERAL WAY
LOCAL AGENCY STANDARD CONSULTANT AGREEMENT
FOR
STEEL LAKE PARK TO DOWNTOWN TRAIL PROJECT
DESIGN SERVICES
The local agency of the City of Federal Way desires to supplement the agreement
entered into with KPG, P.S., effective the 21st day of March 2016, identified as
Agreement No. 16 -035. 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, 2017.
11
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 thiq DO day of
KPG, P.S.
By:
Its:
Nelson Davis
Principal
3131 Elliott Ave., Suite 400
Seattle, WA 98121
, 2016.
CITY OF FEDERAL WAY
By:
Its:
Mayor
33325 8th Ave S
Federal Way, WA 98003
APPROVED AS O FO M:
Mark Orthmann, Acting City Attorney
K: \STREETS \PROJECTS \Steel Lake Park to Downtown Trail \ Design \Consultant Contract\KPG Contract\Supplement #1\AG 16 -035 Supl. 1.doc
RETURN TO: 10.L/I C x333 EXT: 4 26HIY
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT/DIV: PUBLIC �WIO�R ,Q
WORKS / ���/Tj5
0
2. ORIGINATING STAFF PERSON: L 1 ►tAt len
4. TYPE OF DOCUMENT (CHECK ONE:
❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
❑ PUBLIC WORKS CONTRACT
■ PROFESSIONAL SERVICE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT
❑ REAL ESTATE DOCUMENT
❑ ORDINANCE
❑ CONTRACT AMENDMENT (AG #):
❑ OTHER
LA
EXT: )- 2 -12-3 3. DATE REQ. BY: 3 • 4 •2.�<LD
❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ MAINTENANCE AGREEMENT
❑ HUMAN SERVICES / CDBG
❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
❑ RESOLUTION
❑ INTERLOCAL
5. PROJECT NAME: et Lake- 'Pay*. -to DOLIJ l7i?IA)ri t Uec-
6. NAME OF CONTRACTOR: K.f'€i , 9.5 .
ADDRESS: —I5 9+►•.1 It'ie• t
E -MAIL: N e t Sot @ IcP q COVYI
SIGNATURE NAME: NetSOn 1D O.'4
5 a-EH 9Btd9
TELEPHONE: (20(o)'1.to1 • t052
FAX: (2cx97 28to- it4'3ci
TITLE: t?r"c sider\t
7. EXHIBITS ANDATTACHMENTS:y! SCOPE, WORK OR SERVICES is COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS
CFW LICENSE #O(, • 10 t0+4 2.Oic•COBL, EXP. 12/31/ tip_ UBI #(D0.2y4. �lC� EXP. 5
/61 / (D
8. TERM: COMMENCEMENT DATE: Uri) C:) ex ecukion
COMPLETION DATE: ()9 /3b /aot Io
9. TOTAL COMPENSATION: $ 92. 91.0 , t iD (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: $ t2,45D.00
IS SALES TAX OWED: ❑ YES NO IF YES, $
'3otr•4400.200.595.30 •4t1
INITIAL / DATE REVIEWED
ae PURCHASING: PLEASE CHARGE TO:
10. DOCUMENT / CONTRACT REVIEW
® PROJECT MANAGER
• DIVISION MANAGER
❑ DEPUTY DIRECTOR
® DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
■ LAW DEPT
11. COUNCIL APPROVAL (IF APPLICABLE)
12. CONTRACT SIGNATURE ROUTING
X SENT TO VENDOR/CONTRACTOR
❑ ATTACH: SIGNATURE AUTHORITY,
LAW DEPT
CHIEF OF STAFF
•FLSIGNATOR
❑ CITY CLERK
ASSIGNED AG #
SIGNED COPY RETURNED
RETURN ONE ORIGINAL
COMMENTS:
EXECUTE " 2-" ORIGINA
PAID BY: ❑ CONTRACTOR ❑ CITY
2.2tn•t
_3•1A Ilc
INITIAL / DATE APPROVED
COMMITTEE APPROVAL DATE: I•I•
DATE SENT: S/I t/I`4'
INSURANCE CERTIFICATE, LICENSES, EXHIBITS
INITIAL / DAT SIGNED
R DIRECTO
' fr rvoa6f
R)
COUNCIL APPROVAL DATE: NI 1st
DATE REC'D: ✓ Il1.2 1 IV
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1/15
Local Agency A &E Professional Services
Cost Plus Fixed Fee Consultant Agreement
Agreement Number: AG 16- b 3
Firm /Organization Legal Name (do not use dba's):
KPG, P.S.
Address
753 9th Ave N Seattle, WA 98109
Federal Aid Number
UBI Number
601248468
Federal TIN or SSN Number
Execution Date
Completion Date
September 30, 2016
1099 Form Required
❑ Yes 1 No
Federal Participation
i Yes i No
Project Title
Steel Lake Park to Downtown Trail Project
Description of Work
Provide design services for pedestrian improvements on the south side of S 312th Street from approximately
24th Ave S to the entrance to Steel Lake Park.
❑ Yes ✓ No DBE Participation
❑ Yes r] No MBE Participation
❑ Yes 1 No WBE Participation
❑ Yes 1 No SBE Participation
Total Amount Authorized: $92,910.16
Management Reserve Fund: $0.00
Maximum Amount Payable: $92,910.16
Index of Exhibits
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit H
Exhibit 1
Exhibit J
Scope of Work
DBE Participation
Preparation and Delivery of Electronic Engineering and Other Data
Prime Consultant Cost Computations
Sub - consultant Cost Computations
Title VI Assurances
Certification Documents
Liability Insurance Increase
Alleged Consultant Design Error Procedures
Consultant Claim Procedures
Agreement Number: AG 16- 3 S
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 1 of 14
Revised 4/10/2015
THIS AGREEMENT, made and entered into as shown in the "Execution Date" box on page one (1) of this
AGREEMENT, between the CITY OF FEDERAL WAY
hereinafter called the "AGENCY," and the "Firm / Organization Name" referenced on page one (1) of this
AGREEMENT, hereinafter called the "CONSULTANT."
WHEREAS, the AGENCY desires to accomplish the work referenced in "Description of Work" on page one (1)
of this AGREEMENT and hereafter called the "SERVICES;" and does not have sufficient staff to meet the required
commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide
the necessary SERVICES; and
WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating
to professional registration, if applicable, and has signified a willingness to furnish consulting services to
the AGENCY.
NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein,
or attached and incorporated and made a part hereof, the parties hereto agree as follows:
I. General Description of Work
The work under this AGREEMENT shall consist of the above - described SERVICES as herein defined, and
necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor,
and related equipment and, if applicable, sub - consultants and subcontractors necessary to conduct and complete the
SERVICES as designated elsewhere in this AGREEMENT.
II. General Scope of Work
The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit "A" attached
hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed
utilizing performance based contracting methodologies.
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 State, Federal, Community, City, or County officials,
groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT
sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days'
notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "A."
The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will
outline in written and graphical form the various phases and the order of performance of the SERVICES in
sufficient detail so that the progress of the SERVICES can easily be evaluated.
The CONSULTANT, any sub - consultants, and the AGENCY shall comply with all Federal, State, and local laws,
rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under
this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State
of Washington.
Agreement Number: AG 16- 6 3_ 5
Local Agency A &E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 2 of 14
Revised 4/10/2015
Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required,
per 49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the
commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will
be shown on Exhibit "B" attached hereto and by this reference made part of this AGREEMENT. If the Prime
CONSULTANT is a DBE certified firm they must comply with the Commercial Useful Function (CUF) regulation
outlined in the AGENCY's "DBE Program Participation Plan" and perform a minimum of 30% of the total amount
of this AGREEMENT. It is recommended, but not required, that non -DBE Prime CONSULTANTS perform
a minimum of 30% of the total amount of this AGREEMENT.
The CONSULTANT, on a monthly basis, is required to submit DBE Participation of the amounts paid to all DBE
firms invoiced for this AGREEMENT.
All Reports, PS &E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned.
All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C —
Preparation and Delivery of Electronic Engineering and other Data."
All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared
by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for
these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or
on behalf of the AGENCY of any such instruments of service, not occurring as a part of this SERVICE, shall be
without liability or legal exposure to the CONSULTANT.
Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other
party by (i) certified mail, return receipt requested, or (ii) by email or facsimile, to the address set forth below:
If to AGENCY:
Name: CHRISTINE MULLEN, PE
Agency: CITY OF FEDERAL WAY
Address: 33325 8TH AVE S
City: FEDERAL WAY State: WA Zip: 98003
Email: christine .mullen @cityoffederalway.com
Phone: (253) 835 -2723
Facsimile: (253) 835 -2709
If to CONSULTANT:
Name: NELSON DAVIS, PE
Agency: KPG, P.S.
Address: 753 9TH AVE N
City: SEATTLE State: WA Zip: 98109
Email: nelson @kpg.com
Phone: (206) 267 -1052
Facsimile: (206) 286 -1639
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 titled "Completion Date."
The established completion time shall not be extended because of any delays attributable to the CONSULTANT,
but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of
unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the
CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the established
completion time.
Agreement Number: AG 16- 0 3 S
Local Agency A &E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 3 of 14
Revised 4/10/2015
V. Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT
as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES
rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES,
specified in Section II, "Scope of Work ". The CONSULTANT shall conform to all applicable portions of 48 CFR
Part 31 (www.ecfr.gov). The estimate in support of the Cost Plus Fixed Fee amount is attached hereto as Exhibits
"D" and "E" and by this reference made part of this AGREEMENT.
A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the
CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost, indirect cost rate,
and direct non -salary costs.
1. Direct (RAW) Labor Costs: The Direct (RAW) Labor Cost is the direct salary paid to principals,
professional, technical, and clerical personnel for the time they are productively engaged in work necessary
to fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the
direct salary costs billed to the AGENCY.
2. Indirect Cost Rate (ICR) Costs: ICR Costs are those costs, other than direct costs, which are included as
such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments
shall be made at the ICR rates shown in attached Exhibits "D" and "E" of this AGREEMENT. Total
ICR payment shall be based on Actual Costs. The AGENCY agrees to reimburse the CONSULTANT
the actual ICR costs verified by audit, up to the Maximum Total Amount Payable, authorized under this
AGREEMENT, when accumulated with all other Actual Costs.
A summary of the CONSULTANT'S cost estimate and the ICR percentage is shown in Exhibits "D" and
"E", attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT (prime
and all sub - consultants) will submit to the AGENCY within six (6) months after the end of each firm's fiscal
year, an ICR schedule in the format required by the AGENCY (cost category, dollar expenditures, etc.) for
the purpose of adjusting the ICR rate for billings received and paid during the fiscal year represented by the
ICR schedule. It shall also be used for the computation of progress payments during the following year and
for retroactively adjusting the previous year's ICR cost to reflect the actual rate. The ICR schedule will be
sent to Email: ConsultantRates @wsdot.wa.gov.
Failure to supply this information by either the prime CONSULTANT or any of their sub - consultants shall
cause the AGENCY to withhold payment of the billed ICR costs until such time as the required information
is received and an overhead rate for billing purposes is approved.
The AGENCY's Project Manager and /or the Federal Government may perform an audit of the
CONSULTANT'S books and records at any time during regular business hours to determine the actual ICR
rate, if they so desire.
3. Direct Non -Salary Costs: Direct Non -Salary Costs will be reimbursed at the Actual Cost to the
CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing,
long distance telephone, supplies, computer charges and fees of sub - consultants. Air or train travel will be
reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT
shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs)
in accordance with WSDOT's Accounting Manual M 13 -82, Chapter 10 — Travel Rules and Procedures, and
revisions thereto. Air, train, and rental car costs shall be reimbursed in accordance with 48 Code of Federal
Regulations (CFR) Part 31.205 -46 "Travel Costs." The billing for Direct Non - Salary Costs shall include an
itemized listing of the charges directly identifiable with the PROJECT. The CONSULTANT shall maintain
the original supporting documents in their office. Copies of the original supporting documents shall be
supplied to the AGENCY upon request. All above charges must be necessary for the services provided
under this AGREEMENT.
Agreement Number: AG 16- i 3 5
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4. Fixed Fee: The Fixed Fee, which represents the CONSULTANT'S profit, is shown in attached Exhibits "D"
and "E" of this AGREEMENT. This fee is based on the Scope of Work defined in this AGREEMENT and
the estimated person -hours required to perform the stated Scope of Work. In the event the CONSULTANT
enters into a supplemental AGREEMENT for additional work, the supplemental AGREEMENT may
include provisions for the added costs and an appropriate additional fee. The Fixed Fee will be prorated
and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported
in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not
previously paid in the progress payments will be covered in the final payment, subject to the provisions of
Section IX entitled "Termination of Agreement."
5. Management Reserve Fund (MRF): The AGENCY may desire to establish MRF to provide the Agreement
Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable
unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in
this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $100,000 or
10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included
for the MRF is shown in the heading of this AGREEMENT. This fund may not be replenished. Any
changes requiring additional costs in excess of the MRF shall be made in accordance with Section XIII,
"Changes of Work."
6. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the
CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this
AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and
the MRF. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in
Section XIII, "Changes of Work." No minimum amount payable is guaranteed under this AGREEMENT.
B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of
Actual Costs plus the ICR and calculated fee on a monthly basis during the progress of the work. Such billings
shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under
Section III, "General Requirements" of this AGREEMENT. The billings will be supported by an itemized
listing for each item including Direct (RAW) Labor, Direct Non - Salary, and allowable ICR Costs to which will
be added the prorated Fixed Fee. To provide a means of verifying the billed Direct (RAW) Labor costs for
CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of
recording the names, titles, Direct (RAW) Labor rates, and present duties of those employees performing work
on the PROJECT at the time of the interview.
C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made
promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT,
contingent, if applicable, upon receipt of all PS &E, plans, maps, notes, reports, electronic data and other related
documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by
the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have
against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by
the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that
the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect
to such claims.
The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time
of final audit; all required adjustments will be made and reflected in a final payment. In the event that such
final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to
the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund shall not constitute
a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of
overpayment. The CONSULTANT has twenty (20) working days after receipt of the final POST AUDIT to
begin the appeal process to the AGENCY for audit findings.
Agreement Number: AG 16- 0 5
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D. Inspection of Cost Records: The CONSULTANT and their sub - consultants shall keep available for inspection
by representatives of the AGENCY and the United States, for a period of six (6) years after receipt of final
payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon
these records with the following exception: if any litigation, claim or audit arising out of, in connection with,
or, related to this AGREEMENT is initiated before the expiration of the six (6) year period, the cost records and
accounts shall be retained until such litigation, claim, or audit involving the records is completed.
An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be performed by the
State Auditor, WSDOT's Internal Audit Office and/or at the request of the AGENCY's Project Manager.
VI. Sub - Contracting
The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit "A" attached hereto and by
this reference made part of this AGREEMENT.
The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without
prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY
and sub - consultant, any contract or any other relationship.
Compensation for this sub - consultant SERVICES shall be based on the cost factors shown on Exhibit "E" attached
hereto and by this reference made part of this AGREEMENT.
The SERVICES of the sub - consultant shall not exceed its maximum amount payable identified in each sub -
consultant cost estimate unless a prior written approval has been issued by the AGENCY.
All reimbursable direct labor, indirect cost rate, direct non -salary costs and fixed fee costs for the sub - consultant
shall be negotiated and substantiated in accordance with section V "Payment Provisions" herein and shall be
memorialized in a final written acknowledgement between the parties.
All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require
each sub - consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With
respect to sub - consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE's
Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011.
The CONSULTANT, sub - recipient, or sub - consultant shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the
CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the
termination of this AGREEMENT or such other remedy as the recipient deems appropriate.
VII. Employment and Organizational Conflict of Interest
The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona
fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or
agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any
fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the
award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul
this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration
or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work
or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the
CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's
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Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made
by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other
persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation
and responsibility of the CONSULTANT.
The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this
AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this
AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly
retired employees, without written consent of the public employer of such person if he /she will be working on this
AGREEMENT for the CONSULTANT.
VIII. Nondiscrimination
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub - consultants,
subcontractors and successors in interest, agrees to comply with the following laws and regulations:
• Title VI of the Civil Rights Act of 1964
(42 U.S.C. Chapter 21 Subchapter V § 2000d
through 2000d -4a)
• Federal -aid Highway Act of 1973
(23 U.S.C. Chapter 3 § 324)
• Rehabilitation Act of 1973
(29 U.S.C. Chapter 16 Subchapter V § 794)
• Age Discrimination Act of 1975
(42 U.S.C. Chapter 76 § 6101 et. seq.)
• Civil Rights Restoration Act of 1987
(Public Law 100 -259)
• American with Disabilities Act of 1990
(42 U.S.C. Chapter 126 § 12101 et. seq.)
• 23 CFR Part 200
• 49 CFR Part 21
• 49 CFR Part 26
• RCW 49.60.180
In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "F"
attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "F" in
every sub - contract, including procurement of materials and leases of equipment, unless exempt by the Regulations
or directives issued pursuant thereto.
IX. Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten
(10) days written notice to the CONSULTANT.
In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the
CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged and any appropriate
fixed fee percentage at the time of termination of this AGREEMENT, plus any direct non -salary costs incurred up to
the time of termination of this AGREEMENT.
No payment shall be made for any SERVICES completed after ten (10) days following receipt by the
CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice
of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this
section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for
any excess paid.
If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT,
the above formula for payment shall not apply.
In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the
AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES
to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to
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date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of
termination, the cost to the AGENCY of employing another firm to complete the SERVICES required and the
time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES
performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the
amount, which would have been made using the formula set forth in paragraph two (2) of this section.
If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT's failure to
perform is without the CONSULTANT's or its employee's fault or negligence, the termination shall be deemed to
be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed
for actual costs and appropriate fixed fee percentage in accordance with the termination for other than default
clauses listed previously.
The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any member,
partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT's supervisory and /or
other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee.
The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or
more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The
CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT
unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s)
of this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT
as set forth in the second and third paragraphs of this section.
Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of
any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the
CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY.
Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights
with respect to any future act or omission by the CONSULTANT.
X. Changes of Work
The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as
necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY find
it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or
revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered
as Extra Work and will be paid for as herein provided under section XIII "Extra Work."
XI. Disputes
Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within
10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and
binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the
Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to judicial review. If the
parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under
the procedures found in Exhibit "J ". In the event that either party deem it necessary to institute legal action or
proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in the Superior
Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto
agree that all questions shall be resolved by application of Washington law and that the parties have the right of
appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The
CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington,
situated in the county in which the AGENCY is located.
Agreement Number: AG 16- b 3 5
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XII. Legal Relations
The CONSULTANT, any sub - consultants, and the AGENCY shall comply with all Federal, State, and local laws,
rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under this
AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of
Washington.
The CONSULTANT shall defend, indemnify, and hold The State of Washington (STATE) and the AGENCY and
their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part
from the negligence of, or the breach of any obligation under this AGREEMENT by, the CONSULTANT or the
CONSULTANT's agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons
for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT
to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless
the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon
the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY, their
agents, officers, employees, sub - consultants, subcontractors or vendors, of any tier, or any other persons for whom
the STATE and /or the AGENCY may be legally liable; and provided further that if the claims or suits are caused
by or result from the concurrent negligence of (a) the CONSULTANT or the CONSULTANT's agents, employees,
sub - consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally
liable, and (b) the STATE and /or AGENCY, their agents, officers, employees, sub - consultants, subcontractors and or
vendors, of any tier, or any other persons for whom the STATE and or AGENCY may be legally liable, the defense
and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT's negligence or
the negligence of the CONSULTANT's agents, employees, sub - consultants, subcontractors or vendors, of any tier,
or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any
AGREEMENT between CONSULTANT and any sub - consultant, subcontractor and vendor, of any tier.
The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers
and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the
alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents,
proprietary information, know -how, copyright rights or inventions by the CONSULTANT or the CONSULTANT's
agents, employees, sub - consultants, subcontractors or vendors, of any tier, or any other persons for whom the
CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any
use in connection with the AGREEMENT of methods, processes, designs, information or other items furnished or
communicated to STATE and /or the AGENCY, their agents, officers and employees pursuant to the AGREEMENT;
provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly
improper appropriation or use of trade secrets, patents, proprietary information, know -how, copyright rights or
inventions resulting from STATE and/or AGENCY's, their agents', officers' and employees' failure to comply
with specific written instructions regarding use provided to STATE and /or AGENCY, their agents, officers and
employees by the CONSULTANT, its agents, employees, sub - consultants, subcontractors or vendors, of any tier, or
any other persons for whom the CONSULTANT may be legally liable.
The CONSULTANT's relation to the AGENCY shall be at all times as an independent contractor.
Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole
discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and
examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or
any similar statute involving the CONSULTANT in the procurement of, or performance under, this AGREEMENT.
The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT's own
employees or its agents against the STATE and /or the AGENCY and, solely for the purpose of this indemnification
and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51
RCW. This waiver has been mutually negotiated between the Parties.
Agreement Number: AG 16- 3 $
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Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of
construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable
supplemental AGREEMENT, the CONSULTANT shall provide On -Call assistance to the AGENCY during contract
administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper
construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance
with the contract documents.
The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise
required, the following insurance with companies or through sources approved by the State Insurance
Commissioner pursuant to Title 48 RCW.
Insurance Coverage
A. Worker's compensation and employer's liability insurance as required by the STATE.
B. Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with minimum
limits of one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) in the
aggregate for each policy period.
C. Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage for
any "Auto" (Symbol 1) used in an amount not less than a one million dollar ($1,000,000.00) combined single
limit for each occurrence.
Excepting the Worker's Compensation Insurance and any Professional Liability Insurance, the STATE and
AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub -
consultant and /or subcontractor as an additional insured (the "AIs "), with no restrictions or limitations concerning
products and completed operations coverage. This coverage shall be primary coverage and non - contributory and
any coverage maintained by the AIs shall be excess over, and shall not contribute with, the additional insured
coverage required hereunder. The CONSULTANT's and the sub - consultant's and /or subcontractor's insurer shall
waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with
verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to
require complete, certified copies of all required insurance policies at any time.
All insurance shall be obtained from an insurance company authorized to do business in the State of Washington.
The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the
execution of this AGREEMENT to:
Name: CHRISTINE MULLEN, PE
Agency: CITY OF FEDERAL WAY
Address: 33325 8TH AVENUE S
City: FEDERAL WAY State: WA Zip: 98003
Email: christine .mullen @cityoffederalway.com
Phone: (253) 835 -2723
Facsimile: (253) 835 -2709
No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY.
The CONSULTANT's professional liability to the AGENCY, including that which may arise in reference to
section IX "Termination of Agreement" of this AGREEMENT, shall be limited to the accumulative amount of the
authorized AGREEMENT amount or one million dollars ($1,000,000.00), whichever is greater, unless the limit of
liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT's professional
liability to third parties be limited in any way.
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The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third party,
and no third party beneficiary is intended or created by the execution of this AGREEMENT.
The AGENCY will pay no progress payments under section V "Payment Provisions" until the CONSULTANT has
fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is
available to it under other provisions of this AGREEMENT, or otherwise in law.
XIII. Extra Work
A. The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT
in the SERVICES to be performed.
B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance
of any part of the SERVICES under this AGREEMENT, whether or not changed by the order, or otherwise
affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an equitable adjustment
in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms
and shall modify this AGREEMENT accordingly.
C. The CONSULTANT must submit any "request for equitable adjustment," hereafter referred to as "CLAIM,"
under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY
decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final
payment of this AGREEMENT.
D. Failure to agree to any adjustment shall be a dispute under the section XI "Disputes" clause. However, nothing
in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed.
E. Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above, the maximum amount payable for
this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement
to this AGREEMENT.
XIV. Endorsement of Plans
If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering
data furnished by them.
XV. Federal Review
The Federal Highway Administration shall have the right to participate in the review or examination of the
SERVICES in progress.
XVI. Certification of the Consultant and the Agency
Attached hereto as Exhibit "G -1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit
"G -2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered
Transactions, Exhibit "G -3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
and Exhibit "G -4" Certificate of Current Cost or Pricing Data. Exhibit "G -3" is required only in AGREEMENT's
over one hundred thousand dollars ($100,000.00) and Exhibit "G -4" is required only in AGREEMENT's over
five hundred thousand dollars ($500,000.00.) These Exhibits must be executed by the CONSULTANT, and
submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III "General
Requirements" prior to its performance of any SERVICES under this AGREEMENT.
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XVII. Complete Agreement
This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the
parties. No agent, or representative of either party has authority t� make, and the parties shall not be bound by or
be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or
modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement
to this AGREEMENT.
XVIII. Execution and Acceptance
This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed
to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements,
representations, warranties, covenants, and AGREEMENT's contained in the proposal, and the supporting material
submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and
conditions thereof.
XIX. Protection of Confidential Information
The CONSULTANT acknowledges that some of the material and information that may come into its possession
or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt
from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state
or federal statutes ( "State's Confidential Information "). The "State's Confidential Information" includes, but is
not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles,
credit card information, driver's license numbers, medical data, law enforcement records (or any other information
identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security
data, non - public Specifications, STATE and AGENCY non - publicly available data, proprietary software, State
security data, or information which may jeopardize any part of the project that relates to any of these types of
information. The CONSULTANT agrees to hold the State's Confidential Information in strictest confidence
and not to make use of the State's Confidential Information for any purpose other than the performance of this
AGREEMENT, to release it only to authorized employees, sub- consultants or subcontractors requiring such
information for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish, transfer,
sell, disclose, or otherwise make it known to any other party without the AGENCY's express written consent
or as provided by law. The CONSULTANT agrees to release such information or material only to employees,
sub - consultants or subcontractors who have signed a nondisclosure AGREEMENT, the terms of which have
been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and
managerial safeguards to prevent unauthorized access to the State's Confidential Information.
Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the AGENCY's
option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State's Confidential
Information; or (ii) returned all of the State's Confidential Information to the AGENCY; or (iii) take whatever other
steps the AGENCY requires of the CONSULTANT to protect the State's Confidential Information.
As required under Executive Order 00 -03, the CONSULTANT shall maintain a log documenting the following:
the State's Confidential Information received in the performance of this AGREEMENT; the purpose(s) for which
the State's Confidential Information was received; who received, maintained and used the State's Confidential
Information; and the final disposition of the State's Confidential Information. The CONSULTANT's records shall
be subject to inspection, review, or audit upon reasonable notice from the AGENCY.
The AGENCY reserves the right to monitor, audit, or investigate the use of the State's Confidential Information
collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or
investigating may include, but is not limited to, salting databases.
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Violation of this section by the CONSULTANT or its sub - consultants or subcontractors may result in termination of
this AGREEMENT and demand for return of all State's Confidential Information, monetary damages, or penalties.
It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which
is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the
confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing
h' g
such proprietary and /or confidential information shall be clearly identified and marked as "Confidential" and shall
be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT.
The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential
and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT; or (b) as soon as such
confidential or proprietary material is developed. "Proprietary and/or confidential information" is not meant to
include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully
disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party;
(iii) is independently developed by or for the other party; (iv) is publicly known; or .(v) is generally utilized by
unaffiliated third parties engaged in the same business or businesses as the CONSULTANT.
The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure
laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and/
or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a
public disclosure request is made to view materials identified as "Proprietary and/or confidential information" or
otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that such
records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent
jurisdiction ' ur enjoining disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure, the
J J g
AGENCY will release the requested information on the date specified.
The CONSULTANT agrees to notify the sub - consultant of any AGENCY communication regarding disclosure that
may include a sub - consultant's proprietary and/or confidential information. The CONSULTANT notification to the
sub- consultant will include the date that such records will be released by the AGENCY to the requester and state
that unless the sub - consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure
the AGENCY will release the requested information. If the CONSULTANT and /or sub - consultant fail to obtain
a court order or other judicial relief enjoining the AGENCY by the release date, the CONSULTANT shall waive
and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages,
liabilities, or costs associated with the AGENCY's said disclosure of sub - consultants' information.
XX. Records Maintenance
During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6) years
from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain and maintain all
"documents" pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all "documents"
pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT's place
of business during normal working hours. If any litigation, claim or audit is commenced, the CONSULTANT shall
cooperate with AGENCY and assist in the production of all such documents. "Documents" shall be retained until
all litigation, claims or audit findings have been resolved even though such litigation, claim or audit continues past
the six (6) year retention period.
For purposes of this AGREEMENT, "documents" means every writing or record of every type and description,
including electronically stored information ( "ESI "), that is in the possession, control, or custody of the
CONSULTANT, including, without limitation, any and all correspondences, contracts, AGREEMENT `s,
appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten
notes, reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records,
work sheets, charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings,
Agreement Number: AG 16- 3 5
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 13 of 14
Revised 4/10/2015
tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or
telephone conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or
description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the
CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original,
or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original.
For purposes of this AGREEMENT, "ESI" means any and all computer data or electronic recorded media of any
kind, including "Native Files ", that are stored in any medium from which it can be retrieved and examined, either
directly or after translation into a reasonably useable form. ESI may include information and/or documentation
stored in various software programs such as: Email, Outlook, Word, Excel, Access, Publisher, PowerPoint, Adobe
Acrobat, SQL databases, or any other software or electronic communication programs or databases that the
CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup
tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones, laptops or any other
electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any
personal devices used by the CONSULTANT or any sub - consultant at home.
"Native files" are a subset of ESI and refer to the electronic format of the application in which such ESI is normally
created, viewed, and /or modified.
The CONSULTANT shall include this section XX "Records Maintenance" in every subcontract it enters into in
relation to this AGREEMENT and bind the sub - consultant to its terms, unless expressly agreed to otherwise in
writing by the AGENCY prior to the execution of such subcontract.
In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the
"Execution Date" box on page one (1) of this AGREEMENT.
Signature Nelson Davis, P.E. Date
KPG, P.S.
0 41 4 /'
Si • , : : Jim Ferrell, Mayor Dat
City of Federal Way
l t t.ti �� ►,�
Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office
of the Attorney General.
APPROVED AS TO FORM:
(lam
.es` Amy Jo Pearsall, City Attorney
Agreement Number: AG 16- 0 ' Jr
Local Agency A &E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 14 of 14
Revised 4/10/2015
Exhibit A
Scope of Work
See Scope of Work prepared by KPG, P.S., attached as Exhibit A.
Project No. AG 16 - 0 ,? 5"
Agreement Number: AG 16- 0 3
WSDOT Form 140 -089 EF Exhibit A Page 1 of 1
Revised 10/30/2014
EXHIBIT A
City of Federal Way
Steel Lake Park to Downtown Trail
KPG
Scope of Work
February 23, 2016
Purpose
The purpose of the Steel Lake Park to Downtown Trail Project is to improve accessibility and
safety of pedestrians accessing Steel Lake Park along S 312th Street.
Proposed Improvements
Proposed Improvements for the Steel Lake Park to Downtown Trail Project include the
following:
♦ Provide widened roadway, curb, gutter, six foot wide planter strip, eight foot wide
sidewalk, illumination and ADA curb ramps along the south side of S 312th Street
between the existing sidewalk near 23rd Avenue S and the existing crosswalk to
Steel Lake Park.
Scope of Work
Work Element 1 Project Management
The estimated project duration is six 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 four monthly
coordination meetings throughout the duration of the project. Level of effort for this task
is based on an average of one and a half Consultant staff at each of the following
meetings:
• One formal kickoff meeting at project start
City of Federal Way Page 1 of 9 KPG
Steel Lake Park to Downtown Trail 2/23/16
♦ Two meetings upon re- authorization to proceed following 30% and 85% approval.
♦ Progress meeting at the City throughout the project duration (estimate 1).
Work Element 2 Quality Assurance / Quality Control
The Consultant shall provide internal quality assurance / quality control (QA/QC) reviews of the
following major work elements prior to submittal to the City.
2.1 Field review completed base maps for completeness and accuracy and incorporate
findings.
2.2 Provide senior review of design report.
2.3 Senior Engineer review of the Geotechnical Investigation Plan and Report.
2.4 Provide senior review of 85% Plans, specifications and estimates.
2.5 Provide senior review of 100% Plans, specifications and estimates.
Work Element 3 Mapping
The limits of topographic survey shall extend approximately 700 feet along S 312th Street from
the existing sidewalk near 24th Avenue S to 50 feet east of the existing crosswalk to Steel
Lake Park from the north pavement edge to 30 feet south of existing south pavement edge.
Right of way will be shown based on publicly available information. No right of way
calculations are anticipated or included in the scope of work.
3.1 Establish horizontal and vertical control points along the corridor and within the project
limits described above. Approximately two 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 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 1 " =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, guardrail, 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),
and /or edge of pavement, along turn lane lines, and at the roadway crown line.
Points will be surveyed at approximately 25 foot intervals.
City of Federal Way Page 2 of 9 KPG
Steel Lake Park to Downtown Trail 2/23/16
3.4 Survey utility location paint marks provided in Work Element 4.1 at 25 foot 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.
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).
Work Element 4 Utility Mapping
4.1 CNI 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.
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
A Traffic Analysis Report is not anticipated for this project.
Work Element 6 Geotechnical Report
The Consultant shall coordinate with a qualified geotechnical firm to complete field
investigations to support the project as follows:
City of Federal Way Page 3 of 9 KPG
Steel Lake Park to Downtown Trail 2/23/16
6.1 Geotechnical Exploration Plan
The CONSULTANT will prepare a geotechnical exploration plan that identifies the
location and type (i.e., hollow stem auger) of investigation to be performed at each
exploration location along the project alignment. A written description of the type of
analysis to be performed will be prepared. The CONSULTANT will obtain and review
existing information, coordinate and plan access and restoration for test holes, and
identify features that could affect other geotechnical design work elements. No field
investigation will proceed until the geotechnical exploration plan has been approved by
the CITY.
6.2 Field Explorations
The field exploration program will consist of advancing three hand auger borings each
to depths ranging from approximately three to five feet to characterize general near
surface soil conditions to support design of the porous sidewalks, luminaires, and
modular block retaining walls. In an effort to avoid buried utilities, the CONSULTANT
will contact the Washington Utilities Coordinating Council One Call service to locate
underground utilities. The CONSULTANT will also coordinate with the CITY for any
known information about existing site utilities prior to performing field activities.
6.3 Geotechnical Laboratory Testing
The CONSULTANT will complete a limited geotechnical laboratory testing program
consisting of natural moisture content determinations and grain size analyses on
selected soil samples obtained from the borings to aid in classifying site soils and
determining pertinent engineering properties of the soil. The CONSULTANT has
budgeted for two moisture content determinations and two grain size analyses.
6.4 Geotechnical Engineering Analyses
The CONSULTANT will develop geotechnical engineering conclusions and
recommendations in accordance with WSDOT Standard Specifications and the City of
Federal Way Revised Code for design and construction of the proposed improvements,
including:
• Earthwork recommendations including temporary and permanent slope
configurations, suitability of onsite soil for reuse as structural fill, import fill
criteria, fill placement criteria, dewatering recommendations (if needed).
• Retaining wall recommendations including lateral earth pressures and allowable
bearing capacity.
• Recommendations for the design and construction of luminaire foundations.
♦ Recommendations for porous sidewalk design and subgrade preparation.
♦ An estimate of the infiltration rate of the near - surface soil along the project
alignment based on small scale testing according the 2009 King County Surface
Water Design Manual for use in design of porous sidewalks. Infiltration tests will
be performed at depths ranging between three and five feet in the boreholes
proposed herein.
City of Federal Way Page 4 of 9 KPG
Steel Lake Park to Downtown Trail 2/23/16
6.5 Geotechnical Report
The results of our field explorations, engineering analyses, and geotechnical
engineering conclusions and recommendations, will be summarized in a draft
geotechnical report for review by the project team and the CITY. Upon receipt of review
comments, the comments will be addressed and a signed and sealed final geotechnical
report will be submitted.
Assumptions
• All subcontractors, equipment subcontractors, laboratories, and other related
subcontractor personnel will be selected, hired and paid by the CONSULTANT.
♦ For the proposed explorations located in the right of way, it is anticipated that
traffic control and a right -of -way use permit from the CITY will be needed.
♦ Field exploration will be performed during daylight hours.
• WSDOT Standard Plan foundations will be used for the proposed luminaires.
♦ Piezometers to monitor groundwater levels over time will not be installed;
however, the depth to the groundwater level will be noted at the time of
exploration if encountered within the depth of our explorations.
♦ Soil samples will be disposed of thirty days after the date of acceptance of the
final report unless other arrangements are made.
Deliverables
♦ An electronic copy (in pdf format) and two bound copies 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.
7.1 Compile and review data and records from the City, other agencies, and utilities.
Document the design criteria that will be used to develop and evaluate alternatives.
Design criteria will be per the WSDOT Project Design Guidelines format. Prepare photo
log of existing conditions.
7.2 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, hydrologic calculations, facility design, pipe sizing calculations,
and plan view layout as shown on the 30% plans. Responses to the draft TIR will be
addressed, resubmitted and approved prior to the submittal of the 85% design. The TIR
will be finalized concurrent with final design under work element 11.
7.3 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.
7.4 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
City of Federal Way Page 5 of 9 KPG
Steel Lake Park to Downtown Trail 2/23/16
design report appendix.
7.5 Prepare 30% Plans for submittal with the design report.
7.6 Compile and prepare the Draft and Final Design Report. Five bound copies and one
unbound original will be submitted for the draft and final reports.
Assumptions
♦ Right of way or easement acquisition is not anticipated nor included in this scope
of work.
Work Element 8 Environmental
8.1 Cultural Resources Investigation. The Consultant will conduct the required cultural
resources assessment in compliance with Washington State EO 05 -05. It is anticipated
that the project will be allowed under an exemption by submitting an EZ form to DAHP
and that a formal assessment will not be required.
8.2 SEPA Checklist: The Consultant will prepare a SEPA checklist for the project
improvements based on the reviewed 30% Plans. Submittal and processing will be by
the City.
Deliverables:
♦ An electronic copy of the draft Cultural Resources report in Adobe PDF.
• An electronic copy in Adobe PDF and three paper copies of the final Cultural
Resources report.
♦ SEPA submittal copies as required.
• No sensitive area delineations or additional permits will be required
Work Element 9 Community and Agency Coordination
9.1 Provide an intemet ready exhibit that illustrates the project layout and key features such
as sidewalks, landscaping, and channelization / traffic control features.
9.2 Provide meeting minutes and action items from City arranged project meetings with
cooperating stakeholders, franchise utilities, and agencies (Assume three meetings).
Provide design coordination with franchise utilities for relocations.
Work Element 10 Right of Way Calculations
No right of way calculations are anticipated
Work Element 11 Final Design
The Consultant shall provide Final Plans, Specifications and Estimates for review and approval
by the City. Plans shall be formatted to provide sufficient detail for convenient field layout of all
proposed facilities. City standard details and WSDOT standard plans will be supplemented
with project specific details as required. The 85% plans and specifications shall be stamped
City of Federal Way Page 6 of 9 KPG
Steel Lake Park to Downtown Trail 2/23/16
by a licensed professional Engineer in the State of Washington. Final bid documents will be
stamped and signed by a licensed professional engineer in the State of Washington.
11.1 Assemble a title and index sheet that would include a vicinity map.
11.2 Assemble a sheet for symbol and abbreviation legends, general notes
11.3 Prepare typical sections.
11.4 Prepare detail sheets.
11.5 Prepare a schematic map showing survey control monuments location and their
coordinate values.
11.6 Prepare site preparation and erosion control plans. These plans will include all
demolition and erosion control, and will provide grading limits.
11.7 Prepare alignment, sidewalk, and grading plans. These plans will include horizontal
alignment information and plan views of grading, sidewalk alignment, and ADA ramp
and driveway locations, as well as limits of cut/fill required.
11.8 Prepare curb line profiles at all new locations. Roadway centerline profiles are not
necessary as the project will match to the existing roadway centerlines.
11.9 Prepare channelization plans. These plans will delineate the Locations of all pavement
markings including lane lines, crosswalks, tum arrows, and stop lines.
11.10 Prepare signing plans. These signs will show the locations and sizes of all signs.
11.11 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.
11.12 Prepare drainage plans and profiles. These plans will include information and plan
views of storm drainage system including type, material, size, and location of pipes,
catch basins, and treatment facilities, if required.
11.13 Prepare final TIR addressing draft TIR comments from the City at the 85% completion
submittal. Preparation of a Stormwater Pollution Prevention Plan (SWPPP) is not
included in this scope of work.
11.14 Prepare retaining wall plans, profiles, and details (if necessary). Plans views of retaining
walls will be shown on the paving and grading plans. 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
City of Federal Way Page 7 of 9 KPG
Steel Lake Park to Downtown Trail 2/23/16
include a typical cross section of the wall, foundation details, fencing /handrail details,
wall penetration details and sloping /shoring requirements. It is assumed that Structural
Earth Walls will be utilized and no structural design will be required. Design of structural
earth walls will be by the construction contractor per Standard Specifications. Final
design of proprietary structural earth walls will be performed by the construction
contractor in accordance with WSDOT Standard Specifications. Preliminary
reinforcement calculations for proprietary walls will be incorporated to determine
structure excavation quantities and right -of -way needs.
11.15 Prepare landscaping and irrigation plans showing elements affecting planting and
irrigation such as luminaires, driveway cuts, utilities, etc. The plans will include the type
and location of all planting materials, as well as the layouts for any project required
irrigation within the public right -of -way. Prepare landscaping and irrigation detail sheets
that include details for items such as connections for the irrigation lines to water sources
and planting details. The CONSULTANT will verify the existing water pressure available
for the irrigation system with Lakehaven Utility District.
11.16 Prepare illumination plans and details. 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.
11.17 Perform 85% and 100% Design quantity take -offs and opinion of costs.
11.18 Prepare contract specifications for the 85% and 100% submittals based on current
WSDOT /APWA standards (English), applicable amendments to the current
WSDOT /APWA standards and applicable LAG standards.
Work Element 12 Plan Production
12.1 Assemble and submit plans and specifications for 85 %, and 100% levels of design.
• One full size set of plans
• Six half -size sets of plans (11" x 17 "), including one unbound original
• Six copies of specs, including one unbound original
• Six copies of the opinion of cost
12.2 Assemble and coordinate the printing of 50 sets of half -size contract plans, 50 sets of
specifications for bidding and six full size sets of plans.
Work Element 13 Assistance During Bidding
13.1 Prepare addenda and respond to bidders questions relayed through the City. It is
assumed that the CONSULTANT will prepare up to two addenda.
City of Federal Way Page 8 of 9 KPG
Steel Lake Park to Downtown Trail 2/23/16
Sheet List
Title /index sheet
Legend, Abbreviations General Notes
Typical Sections
Sidewalk and Curb Details
Drainage Details
Survey Control
Site Preparation and Erosion Control Plans
Sidewalk Plan and Profile
Drainage Plans and Profiles
Channelization and Signing Plans and Details
Landscape Plans and Details
Irrigation Plans and Details
Wall Plans and Details
Illumination Plans and Details
(1 sheet)
(1 sheet)
(1 sheet)
(1 sheet)
(1 sheet)
(1 sheet)
(2 sheets)
(2 sheets)
(2 sheets)
(2 sheets)
(3 sheets)
(3 sheets)
(2 sheets)
(3 sheets)
TOTAL = 25 sheets
City of Federal Way Page 9 of 9 KPG
Steel Lake Park to Downtown Trail 2/23/16
Exhibit B
DBE Participation
Not Applicable
Agreement Number: AG 16- k 3 5
WSDOT Form 140 -089 EF Exhibit B Page 1 of 1
Revised 10/30/2014
Exhibit C
Preparation and Delivery of Electronic Engineering and Other Data
In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is
to use in preparing electronic files for transmission to the agency. The format and standards to be provided may
include, but are not limited to, the following:
I. Surveying, Roadway Design & Plans Preparation Section
A. Survey Data
Survey data shall be provided as part of the Computer Aided Drafting file submittals. Individual
topographic survey points shall be included as part of the files.
B. Roadway Design Files
Roadway Design Files shall be provided as part of the Computer Aided Drafting file submittals, long with
any other design files prepared by the Consultant.
C. Computer Aided Drafting Files
City of Federal Way CAD software is AutoCAD 2015.
Agreement Number: AG 16- f� S
WSDOT Form 140 -089 EF Exhibit C Page 1 of 4
Revised 10/30/2014
D. Specify the Agency's Right to Review Product with the Consultant
The Agency reserves the right to review the Consultant work product at any time during the project.
E. Specify the Electronic Deliverables to Be Provided to the Agency
Electronic versions of deliverables (reports, plans, contract documents, etc.) shall be provided to the
Agency (in PDF formats as well as in editable electronic formats) at the 30% completion stage, 85%
completion stage, 100% completion stage, and final documents for bidding.
F. Specify What Agency Furnished Services and Information Is to Be Provided
The Agency will not provide any electronic data for this project.
Agreement Number: AG 16- 6 3 5
WSDOT Form 140 -089 EF Exhibit C Page 2 of 4
Revised 10/30/2014
II. Any Other Electronic Files to Be Provided
Electronic deliverables include digital photos (jpg), Microsoft Project schedules (.mpp), scanned, or electrnoic
documents (.pdf, .doc, .xls, etc.)
III. Methods to Electronically Exchange Data
Data is to be transferred by email, CD, or FTP site(s).
WSDOT Form 140 -089 EF Exhibit C Page 3 of 4
Revised 10/30/2014
A. Agency Software Suite
The City of Federal Way software suite is Microsoft Office 2010.
The City of Federal Way Operating System is Windows 7.
B. Electronic Messaging System
The City of Federal Way email software is Microsoft Outlook 2010.
C. File Transfers Format
See previous sections.
WSDOT Form 140 -089 EF Exhibit C Page 4 of 4
Revised 10/30/2014
Exhibit D
Prime Consultant Cost Computations
See the following attached documents:
Consultant Hour & Fee Estimate
Indirect Cost Rate Certification
Agreement Number: AG 16- fI 3 5-
WSDOT Form 140 -089 EF Exhibit D Page 1 of 1
Revised 10/30/2014
HOUR AND FEE ESTIMATE
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2 r $ 91.34 $ 120.10 $ 27.40
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4. $ 266.34 $ 350.21 n $ 79.90
4 $ 266.34 $ 350.21 $ 79.90
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61 $ 316.92' $ 416.72 $ 95.08
6i $ 258.46 $ 339.85 $ 77.54
61 $ 282.50 $ 371.46 $ 84.75
61 $ 282.50 $ 371.46 $ 84.75
84 $ 4,069.74 $ 5,351.30 $ 1,220.92,
$ 91.34 $ 120.10 ' $ 27.40
$ 194.46 $ 255.70 n $ 58.34
$ 215.38 $ 283.20 $ 64.61
12 $ 501.18 I $ 659.00 I $ 150.351
di
E»
di
di
w,
di
Proj Engr Design engr
Senior Project ien. Urb De:Landscape Survey
Engineer Manager proj. Surveyo Surveyor crew Technician Clerical
$ 70.67 $ 62.50 $ 45.67 $ 38.46 $ 60.00 $ 30.77 $ 27.52
Work Element 1 - Project Management
1.1 Project management administrative services 2 4 0 0 0 0 4
1.2 Overall Project management 2 4 0 0 0 0 4
1.3 City staff coordination meetings (4) 2 4 8 0 0 0 0
Reimbursable expenses - see breakdown for details
Task Totals 6 12 8 0 0 0 8
Work Element 2 - Quality Control /Quality Assurance
2.1 Field review of base maps for accuracy , 0 0 2 0 0 0 0
2.2 Geotechnical review 0 0 2 0 0 0 0
2.3 Review design report 2 2 0 0 0 0 0
2.4 Review 85% plans, specs, and estimate 2 2 0 0 0 0 0
2.5 Review 100% plans, specs, and estimate 2 2 0 0 0 0 0
Reimbursable expenses - see breakdown for details
Task Total 6 6 4 0 0 0 0
Work Element 3 - Mapping
3.1 Establish horizontal and vertical control 0 2 r 0 0 4 T. 2 0
3.2 Field survey and note reduction 0 0 6 6 16 0 0
3.3 Prepare topo and DTM 0 0 4 16 4 0 0
3.4 Locate utility paint marks 0 0 0 2 4 0 0
3.5 CB and MH measure downs 0 0 0 2 2 2 0
3.6 Survey utility potholes 0 1 0 1 2 2 0
3.7 Survey existing ground profile 0 1 0 1 2 2 0
Reimbursable expenses - see breakdown for details
Task Total 0 4 10 28 34 8 0
Work Element 4 - Utility Mapping
4.1 Coordinate field utlity locates 0 0 2 0 0 0 0
4.2 Request utlity company as builts 0 1 0 2 0 0 2
4.3 Prepare potholing plan /utility potholing coordination 0 1 2 0 0 2 0
Reimbursable expenses - see breakdown for details
Task Total 0 2 4 2 0 2 2
Work Element 5 - Traffic Analysis Report I
5.1 No report anticipated 0 0 I
Task Total 0 0 T 0 0 0 0 0
0
w
HOUR AND FEE ESTIMATE
as
C
2
C
r
O
N
eL
d N
IL ft L•
v- J 16
O _ 7
t> CO it
V
2 L
]_ Total Fee i
Effective
Direct Overhead Profit multiplier
Hours Labor Cost $ 1.31 $ 0.30 $ 2.61
$ 382.77
$ -
$ -
$ 1,460.13
$ 8.000.00
iN
(0
crs
' ea
$ 726.63
$ 3,540.05
$ 2,316.23
$ 1,869.31
$ 5,967.57
$ 1,857.39
$ 200.00
r
v
to
$ 2,294.21
$ 2,074.87
$ 75.00
L$ _ 4,444.08
$ 887.55
$ 1,609.10
$ 50.00
en
Ca
3
N
ea
Ea ea
V,
4 $ 146.38 $ 192.48 ' $ 43.91
0 $ - $ - $ -
0 $ - $ - $ -
0 $ - $ - $ -
11 $ 558.39 $ 734.23 !: $ 167.52
15 $ 704.77 $ _926.70 $ 211.43
6 $ 277.88 ' $ 365.38 r $ 83.36
32 $ 1,353.80 $ 1,780.11 $ 406.14
20 $ 885.78 $ 1,164.71 $ 265.73
15 $ 714.87 $ 939.98 $ 214.46
58 $ 2,282.14 $ 3,000.79 $ 684.64
17 $ 710.31 $ 933.99 $ 213.09
148 $ 6,224.78 $ 8,184.96 $ 1,867.43 i
22 $ 877.36 $ 1,153.64 $ 263.21
18 $ 793.48 $ 1,043.35 $ 238.04
40 $ 1,670.84 $ 2,196.99 $ _ 501.25
8'. $ 339.42 $ 446.30 $ 101.83
12 $ 615.36 $ 809.14 $ 184.61
20 $ 954.78 $ 1,255.44 ; $ 286.43
Ea
69
(w
44
Proj Engr Design engr
I Senior Project ien. Urb DelLandscape Survey
Engineer Manager roj. Surveyo Surveyor crew Technician Clerical
$ 70.67 $ 62.50 $ 45.67 $ 38.46 $ 60.00 $ 30.77 $ 27.52
Work Element 6 - Geotechnical Report
6.1 Reconnaissance and exploration planning 0 0 2 0 0 0 2
6.2 Field explorations 0 0 0 0 0 0 0
6.3 Geotechnical Lab Testing 0 0 0 0 0 0 0
6.4 Geotechnical engineering analysis 0 0 0 0 0 0 0
6.5 Geotechnical Report 1 4 4 0 0 0 2
Reimbursable expenses - see breakdown for details
T
Task Total 1 4 r 6 0 0 0 4
Work Element 7 - Design Report
7.1 Compile and review existing data 0 2 2 0 0 2 0
7.2 Prepare draft TIR 0 4 8 16 0 4 0
7.3 Prepare preliminary lighting layout and calcs 0 4 8 4 0 2 2
7.4 Prepare 30% opinion of cost 1 2 8 4 0 0 0
7.5 Prepare 30% Plans 2 4 8 24 0 16 4
7.6 Prepare draft and final report 1 2 4 4 0 4 2
Reimbursable expenses - see breakdown for details
Task Total 4 18 38 -_--_ 52 0 28 8
Work Element 8 - Environmental
8.1 Prepare SEPA Checklist 0 2 8 4 0 4 4
8.2 EO 0505 cultural resources EZ documentation 0 4 8 0 0 4 r 2
Reimbursable expenses - see breakdown for details
Task Total 0 6 16 4 0 8 6
Work Element 9 - Community and Agency Coordination - I
9.1 Prepare Project Exhibit to be posted on Internet 0 2 2 0 0 4 0
9.2 Agency Coordination meeting and minutes (2 mtgj 0 4 8 0 0 0 0
Reimbursable expenses - see breakdown for details ,
Task Total 0 6 10 0 0 4 0
Work Element 10 - Right of Way Calculations
10.1 No calculations anticipated 0 0 0 0 0 0 0
Reimbursable expenses - see breakdown for details
Task Total 0 0 0 0 0 0 0
HOUR AND FEE ESTIMATE
•
I1I
W i -
• •
CO
3
0
c
0
0
>6 13
(3 c
o
70 R
w .
% N
LL
+a. J (0
o _ a
Y
() LL
1_- Total Fee
Effective
Direct Overhead Profit multiplier
Hours Labor Cost $ 1.31 $ 0.30 $ 2.61
Co CO O W CO d' 0) CO N O to AO 7 O N. O N Ns O
4 V (O co N N O O N (O W O O) CO (O O A- (0 O
6 0 0 N N Co 6 4 t` O O O N Co OS O '0 (p O
c0 c0 co N O V O O Ns CO CO R O) CO AO Cr N (f7 O
in U7 V V .— c0 N 0 01 (l) CO N V (f) N O) CO
1- M r <- .- M D Di c6 N N
t»9669 E696969 969 69 669 69 69669 69 69
$ 32,272.43
$ 1,860.50
$ 1,175.40
$ 1,500.00
0
07
N
M
U9
V
VI
$ 1,345.44
$ -
$
$ 1,345.44
1 $ 30.77 $ 40.46$ 9.23
1 $ 30.77 $ 40.46 $ 9.23
6 $ 214.42 $ 281.94 $ 64.33
6 $ 200.00 $ 262.98 $ 60.00
4 $ 153.84 $ 202.28 $ 46.15
15 $ 553.84 $ 728.24 $ 166.15
26 $ 1,187.46 $ 1,561.39 $ 356.24
16 $ 613.44 $ 806.61 $ 184.03
12 $ 488.44 $ 642.25 I $ 146.53
6:$ 214.42,$ 281.94 $ 64.33
16 $ 738.44 $ 970.97 $ 221.53
32' $ 1,353.80 $ 1,780.11 $ 406.14
30 $ 1,297.54 $ 1,706.14 $ 389.26
13 r $ 491.34 $ 646.06 $ 147.40
361 $ 1,323.06 $ 1,739.69 $ 396.92
321 $ 1,353.80 $ 1,780.11 $ 406.14
18': $ 850.94 $ 1,118.90 $ 255.28
26 $ 1,130.70 $ 1,486.76 , $ 339.21
296 $ 12,227.02 _ $ 16,077.31 , $ 3,668.11 I
22 $ 711.50 $ 935.55 $ 213.45
12 $ 449.50 $ 591.05 $ 134.85
34 $ 1,161.00 $ 1,526.60 $ 348.30
12. $ 514.53 $ 676.56 $ 154.36
0 $ - $ - $ -
12 $ 514.53 $ 676.56 $ 154.36
Proj Engr Design engr
Senior Project 3en. Urb De,Landscape Survey
Engineer Manager Droj. Survey° Surveyor crew Technician Clerical
$ 70.67 $ 62.50 $ 45.67 $ 38.46 $ 60.00 $ 30.77 $ 27.52
0 0 0 0 0 1 0
ions sheet 0 0 0 0 0 1 0
O 0 2 0 0 4 0
O 0 0 2 0 4 0
O 0 0 4 0 0 0
O 1 2 4 0 8 0
ading plans 2 4 8 8 0 4 0
0 0 4 8 0 4 0
O 0 8 0 0 4 0
0 0 2 0 0 4 0
0 4 8 0 0 4 0
s 0 4 8 16 0 4 0
2 4 8 8 0 4 4
)rofiles 0 1 4 0 0 8 0
Plans 0 2 4 12 0 18 0
is 0 4 8 16 0 4 0
t opinions 2 4 4 4 0 4 0
2 4 8 4 0 0 8
see breakdown for details
Task Total 8 32 78 86 0 80 12
Work Element 12 - Plan Production
12.1 Assemble submittals for 85 %, 100% PSE 0 0 2 4 0 8 8
12.2 Assemble Bid Documents and provide final printing 0 2 2 0 0 4 4
Reimbursable expenses - see breakdown for details
Task Total 0 2 4 4 0 12 12
Work Element 13 - Assistance During Bidding
13.1 Prepare Addenda and respond to questions 1 2 2 2 0 4 1
13.2 Attend Bid Opening 0 0 0 0 0 0 0
Reimbursable expenses - see breakdown for details
Task Total 1 2 2 2 0 4 1
N
at
69
QD
CM
M
N
CD
W
N
M
T
N
V
O
r
M
N
00
M
CO
Ps
O
CO
O1
O
N
TOTAL HOURS AND TOTAL ESTIMATED FEE
EXHIBIT
HOUR AND FEE ESTIMATE
Project: City of Federal Way
Steel Lake Park to Downtown Trail
February 23, 2016
IC /PG
• Architecture •
Landscape Architecture
• Civil Engineerings •
Reimbursable Breakdown
Work Element 1 - Project Management
Mileage
Reproduction
$ 100.00
Task 1 - Total
50.00
$ 150.00
Work Element 2 - Quality Control/Quallty Assurance
Mileage
Reproduction
Task 2- Total
$
Work Element 3- Mapping
Mileage
Reproduction
50.00
Task 3- Total
100.00
150.00
Work Element 4. Utility Mapping
Mileage
Reproduction
Field Utility locates
Task 4- Total
25.00
2,000.00
2,025.00
Work Element 5 - Traffic Analysis Report
Mileage
Reproduction
$
Task 5- Total
Work Element - Geotechnical Report
Mileage
Reproduction
GeoDesign - Geotechnical InvestigatiOnS
Task 6 - Total
8,000.00
8 000.00
Work Element 7 - Design Report
Mileage
Reproduction
Task 7- Total
$
50.00
150.00
200.00
Work Element 8 - Environmental
Mileage
Reproduction
Task 8- Total
25.00
$ 50.00
$ 75.00
Work Element 9 - Community and Agency Coordination
Mileage
Reproduction
Task 9 - Total
$
25.00
25.00
50.00
Work Element 10 - Right of Way Calculations
Mileage
Reproduction
$
$
Task 10 - Total
$
Work Element 11 - Final Design
Mileage
Reproduction
Task 11 - Total
100.00
200.00
300.00
Work Element 12 - Plan Production
Mileage
Reproduction
Task 12 - Total
-
$ 1,500.00
500.00
Work Element 13 - Assistance During Bidding
Mileage
Reproduction
Task 13- Total
Reimbursable Subtotal
Administrative fees on reimbursables (0%)
TOTAL REIMBURSABLES
City of Federal Way
Steel Lake Park to Downtown Trail
Page 1 of 1
$
12,450.00
12450.00
KPG
2/23/2016
Washington State
•' Department of Transportation
Lynn Peterson
Secretary of Transportation
August 6, 2015
KPG, Inc.
753 - 9th Avenue N
Seattle, WA 98109 -4309
Transportation Building
310 Maple Park Avenue S.E.
P.O. Box 47300
Olympia, WA 98504-7300
360 -705 -7000
TTY: 1- 800 - 833 -6388
www.wsdot.wa.gov
Subject: Acceptance FYE 2014 ICR — Risk Assessment Review
Dear Mr. Jason Fritzler:
Based on Washington State Department of Transportation's (WSDOT) Risk
Assessment review of your Indirect Cost Rate (ICR), we have accepted your proposed
FYE 2014 ICR of 131.49 %. This ICR acceptance is in accordance with 23 CFR 172.7
and must be updated on an annual basis. This rate may be subject to additional review
if considered necessary by WSDOT and will be applicable for:
❑ WSDOT Agreements
® Local Agency Contracts in Washington State only
Costs billed to agreements /contracts will still be subject to audit of actual costs, based
on the terms and conditions of the respective agreement/contract.
This was not a cognizant review. Any other entity contracting with the firm is
responsible for determining the acceptability of the ICR.
If you have any questions, feel free to contact our office at (360) 705 -7104 or via
email consultantrates@wsdotwa.gov.
Bards;
K. JONSO
anager, Consultant Servi -s Office
EKJ:kal
Acceptance ICR Risk Assessment Review
leWashington Stab
Department of Transportation
May 13, 2014
Memorandum
TO: Stacie Kelsey, Local Programs
FROM: Martha Roach, Agreement Compliance Audit Manage
SUBJECT: KPG, Inc. Indirect Cost Rate for fiscal year end December 31, 2013.
We have completed our desk review of KPG, Inc. Indirect Cost Rate for the above
referenced fiscal year. The review was completed at the request of WSDOT Northwest
Region Local Programs. We reviewed the documentation supporting the rate for
compliance with criteria contained in the Federal Acquisition Regulations (FAR),
Subpart 31. Our review included a site visit to the firm.
Based on our review we are issuing this memo.establishing KPG, Inc. Indirect Cost Rate .
for fiscal year ending December 31, 2013, at 131.49% of direct labor (rate includes
0.14% Facilities Cost of Capital). KPG, Inc. provided a FHWA Certificate of Final
Indirect Costs indicating all costs included in the indirect cost rate schedule are in
compliance with Federal Acquisition Regulations (FAR), Subpart 31.
Costs billed to agreements will still be subject to audit of actual costs, based on the terms
and conditions of the respective agreement.
This was not a cognizant review. Any other entity contracting with the firm is
responsible for determining the acceptability of the Indirect Cost Rate.
If you have any questions, feel free to call me at (360) 705 -7006 or via email at
roachma(a wsdot.wa.gov.
Cc: Steve McKerney
File
Certification of Final Indirect Costs
Flrm Name: KPO, Inc.
Indirect Cost Rate Proposal: 131.49
Date of Proposal Preparation (mm/dd/yyyy): 03111/2014
Fiscal Period Covered (mm /dd/yyyy to mm/dd/yyyy): 01/01113 to 12131/2013
1, the undersigned, certify that I have reviewed the proposal to establish final indirect cost rates
for the fiscal period as specified above and to the best of my knowledge and belie
1.) All costs included in this proposal to establish final Indirect cost rates are allowable in
accordance with the cost principles of the Federal Acqulslllon Regulations (FAR) of title 48,
Code of Federal Regulations (CFR), part 31.
2.) This proposal does not include any costs which are expressly unallowable under the cost
principles of the FAR of48 CFR 31.
All known material transactions or events that have occurred affecting the firms ownership,
organization and indirect cost rates have been disclosed
Signature:
Name of Certifying Official' (Print): Nelson Davis
Title: President
Date of Certification (mm/dd/yyyy): 06/12/2014
*The "Certifying Officier must be an individual executive or financial officer of the firm at a level
no lower than a Vice President or Chief Financial Officer, or equivalent, who has the authority to
represent the financial information utilized to establish the indirect cost rate for use under Agency
contracts.
Ref. FHWA Directive 4470.1A available on line at:
htto:l /www.fhwa.dot.gpo egsregsldirectiyestogda r§144701e.htm
O/11 Certification; Nov 2010
Description
KPG, Inc.
Indirect Cost Rate Schedule
For the Year Ended December 31, 2013
Financial
Statement
Amount ICPGA4j.
WSDOT Adj.
Accepted
Ref. Amman
Direct Labor
82,995,989 511,000
A 33,006,989 100.00%
Wires Casts:
Friaga Benefits
Vacation Pay 3280,666 51,719 B $282,384 9.39%
Sick Pay 118,058 191 C 118,249 3.93%
Holiday Pay 177,603 534 D 178,137 5,924
Payroll Taxes 450,022 450,022 14,97%
Health Insurance 280,484 280,484 9,33%
Workers' Comp. Insurance 9,344 9,344 031%
Profit Sharing (4014k) 28,606 28,606 0,9516
Bonus 175,050 (5175,050) 0 0 0,00%
Commuter Passes 3,930 3,930 0,13%
Tend Fringe Benchts $1,523,765 32,443 (5175,050) 51,351,157 4493%
General Overhead
Indirect Labor $986,393 528,770 E 51,015,163 33.76%
Bid & Proposal Labor 302,427 302,427 10.06%
Basis s Licenses 2,017 2,017 0.07%
Life Insu ce (Key Person) 18,593 (18,593) F (0) 0.00%
Disability Income Protection 53,620 53,620 1.78%
Auto Allowances 46,981 (546,981) P 0 0.00%
Professional Development 17,690 (708) Q 16,982 0.56%
Professional Registration 5,425 (355) R 5,070 0,17%
Employee Welfare 38,888 (21,429) (3,837) 0, S 13,623 0,45%
Recruitment 832 (832) H 0 0.00%
ut ids Temp Services 2,052 2,052 0.07%
Payroll Services 2,741 2,741 0,09%
Rent 547,488 (331,471) 1 216,017 7.18%
Utilities 37,005 37,005 1.23%
Janitor 28,990 28,990 0.96%
Repairs & Maintenance 70,173 70,173 2.33%
Tr Repairs & Maintenance 4,790 4,790 0.16%
Lassa Expense 564 564 0.02%
Office Supplies 93,852 (2,948) T 90,904 3,02%
Copier & Plotter Supplies 13,660 13,660 0,45%
ft Computer Supplies 13,962 13,962 0.46%
Printing & Reproduction (1,842) (1,842) -0,06%
Publications 2,404 2,404 0.08%
Memberships & Organizations 13,465 (3,160) U 10,305 0.34%
Accounting & Legal 10,896 (9,125) 1 1,771 0.06%
Bank Charge 1,004 1,004 0.03%
Late Charges 36 (36) K (0) 0,00%
Telecomrmmicatlons 112,323 112,323 3.74%
Postage & Delivery 4,330 4,330 0.1446
IT Lease Expense 100,892 100,892 336%
Auto Maintenance & Registration 27,410 (27,410) V (0) 0.0044
Parking & Tolls 12,878 12,878 0.43%
Travel 10,518 (1,145) W 9,372 0.314E
Meals 43,194 (43.194) X 0 0.00%
Business insurance 87,151 87,151 2.90%
Interest 11,468 (11,468) Y 0 0,00%
Business Taxes 231,073 231,073 7.68°A
Marketing Reproduction 232 (232) L 0 0.00%
Website Development & Maintenance 1,900 1,900 0.06%
Business Entertainment 3,303 (3,303) M 0 0.0094
Conferences 15,774 (600) 2 15, I74 0.50%
Marketing Travel 1,114 (1,114) L 0 0.00%
Marketing Meals 8,084 (8,084) 1.. 0 0.00%
Political Contributions/ Public Relation 6,000 (6,000) 1 0 0.0036
Charitable Donations 4,994 (4,994) N 0 0,00%
Description
KPG, Inc.
indirect Cost Rate Schedule
For the Year Ended December 31, 2013
Flnanelid
Statement Accepted
Amount KPC Adj, WSDOT Adj. Ref, Amount
Depreciation 120,171 120,171 4.00%
Total General Overhead $3,116,912 ($376,441) (*141,806) $2,598,665 86A2%
Total Indirect Cade & Overhead $4,640,677 ($373,998) (5316,856) 53,949,822 131.35%
Indirect Cost Rate (Lem FCC) 154,90% 141.89% 131.35%
Facilities Cost of Capital $4,130 54,130 0.14%
5044,807 (*373,998) (*316,856) 83,951,952
Indirect Cost Rate (Includes FCC) 131.49%.
KPG, Inc. - Reviewed and Accepted BS 5/13/2814
"Indirect Cost Rote still aubJact to MOT Audits
References
KPG Adjuehaeats:
A Hours to project work - nonbillable to the project to be included in direct labor per 48 CFR 31202,
B Vacation Variance Between Payehox & Ajera Income Statement added to indirect cost wall CFR 31203.
C Sick Variance Between Payehes & Ajera Inane Statement added to indirect coat per 48 CFR 31203.
D Holiday Varimtes Between Paydax & Ajera Income Statement added to indirect cost per 48 CPR 31203,
E Gdirect Salary Variance Between Payckex & Ajera Income Statement added to indirect labor per 48 CFR 31203.
F Key Person Inamance unallowable $18,593 per 48 CFR 31.205- 19(eX2Xv).
G Alcohol & Meals Non- perdicm unallowable $21,429 per 48 CFR 31,205.51 and 31.205-46.
II Advertising unallowable *832 per 48 CFR 31,205 -1.
1 Common Control Rent Adjustment 5295,014,78 and Sublease Rent $36,456 per 48 CFR 31205 - 360)(4
1 Tax Preparations Shareholders unallowable 59,326 per 48 CFR 31.205.41(b) and 31.201.6.
K Leto charges unallowable $36 per 48 CFR 31205- 15(a).
[ Advertising & marketing unallowable $232, $1114, $8084, 86000 per 48 CFR 312054.
M Business Entertainment unallowable (golf) $3303 per 48 CFR 31205 -14.
N Donations Unallowable $4994 per 48 CFR 31205 -8.
WSDOT Adjuahnents:
O Unsupported bonus payments ($175,050) is unallowable per 48 CFR 31.205 -6 (OXii) and 31201.6.
P Unsupported auto allowances ($46,981) are unallowable per 48 CFR 31205 -46, 31.201 -2, and 31201 -4.
Q Mariner's Tickets ($348) and APWA Golf Tournament fees (5360) are unallowable entertainment
expense per 48 CFR 31,205 -14 and 31.201 -6.
R Dues for the Society for Marketing Professional (5355) are an to allowable advertising cost per
48 CPR 31,205 -1 and 31.201 -6.
S Void check ($138) recorded in expenses without corresponding credit is unallowable per 48 CFR 31.201 -2 and 31.201-4.
Imprinted clothing for staff (*3,031) is an unallowable advertising expense per 48 CFR 31205 -1 (0(6)
Picnic and pizza expense ($668) is an unallowable entertainment expense per 48 CFR 31.205 -14 and 31.201-6.
T Imprinted clothing for staff (514) is an amilowable advertising expense per 48 CFR 31205 - 1(0(6)
Disputed fraudulent charges recovered ($1,316) but not removed from general ledger is an unallowable
expense per 48 CFR 31.201 -2 and 33201 -4.
Office party supplies (51,618) is an unallowable entertainment expense per 48 CFR 31205 -14 and 31201.6.
U Lack of supporting documentation for Costco membership (8660) is unallowable per 48 CFR 31.201.2 and 31,201.4.
Sponsorship for Green roads Foundation (82,500) is an unallowable donation per 48 CFR 31.205 -8 and 31.201 -6,
✓ Vehicle cost have been disallowed due to insufficient mileage Togs and majority of mileage constitute personal and
direct project related miles per 48 CFR 31.205-46 (d), 31.201 -2, 31201 -4, and 31.202.
W Lack of supporting documentation for travel expenses ($1,017) is unallowable per 48 CPR 31201.2 and 31201 .4.
Hotel room for KPG party ($129) is an unallowable entertainment expense per 48 CFR 31205 -14 and 31201-6.
X Meals (543,194) provided for staff meetings, client meetings, and individual stalTmembers is unallowable per 48 CFR 31 201 -2,
31,201 -3, 31201.4, 31205 -13, 31.205 -14, and 31.205 -46.
Y Interest (511,468) costa an an unallowable expense per 48 CFR 31205 -20 and 31,201 -6.
Z leek of supporting documentation for conference expense (8600) is unallowable per 48 CFR 31.202 -2,
31.201 -0, end 31.205 -43.
Exhibit E
Sub - consultant Cost Computations
There isn't any sub - consultant participation at this time. The CONSULTANT shall not sub - contract for
the performance of any work under this AGREEMENT without prior written permission of the AGENCY.
Refer to section VI "Sub- Contracting" of this AGREEMENT.
Agreement Number: AG 16- 0 3 $
WSDOT Form 140 -089 EF Exhibit E Page 1 of 1
Revised 10/30/2014
Exhibit F
Title VI Assurances
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors
in interest agrees as follows:
1. 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 this 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 this 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 the AGENCY, the
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, the STATE, or the FHWA as appropriate, and shall set forth what efforts it has
made to obtain the information.
5. Sanctions for Non - compliance: In the event of the 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 this AGREEMENT until the CONSULTANT
complies, and/or;
• Cancellation, termination, or suspension of this AGREEMENT, in whole or in part.
6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through
(5) in every subcontract, 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 STATE, the AGENCY, 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 enter into such litigation to protect the interests of the STATE and /or the AGENCY and, in
addition, the CONSULTANT may request the United States enter into such litigation to protect the interests
of the United States. Agreement Number: AG 16- 0 ,�
WSDOT Form 140 -089 EF Exhibit F Page 1 of 1
Revised 10/30/2014
Exhibit G
Certification Documents
Exhibit G -1(a) Certification of Consultant
Exhibit G -1(b) Certification of City of Federal Way
Exhibit G -2 Certification Regarding Debarment, Suspension and Other Responsibility Matters -
Primary Covered Transactions
Exhibit G -3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
Exhibit G -4 Certificate of Current Cost or Pricing Data
Agreement Number: AG 16 - 0 3 S
WSDOT Form 140 -089 EF Exhibit G Page 1 of 1
Revised 10/30/2014
Exhibit G -1(a) Certification of Consultant
I hereby certify that I am the and duly authorized representative of the firm of
KPG, P.S.
whose address is
753 9TH AVE N SEATTLE, WA 98109
and that neither the above firm nor I have:
a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration,
any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT)
to solicit or secure this AGREEMENT;
b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of
any firm or person in connection with carrying out this AGREEMENT; or
c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely
for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in
connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any);
I acknowledge that this certificate is to be furnished to the WSDOT
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.
NELSON DAVIS, PRESIDENT - KPG, P.S.
Consultant (Firm Name)
"it."(11'`.(L°
Signature (Authorized Official of Consultant) Date
Agreement Number: AG 16 - 0 3 S
WSDOT Form 140 -089 EF Exhibit G Page 1 of 1
Revised 10/30/2014
Exhibit G -1(b) Certification of THE CITY OF FEDERAL WAY
I hereby certify that I am the:
MAYOR, JIM FERRELL
❑ Other
of the CITY OF FEDERAL WAY
, and KPG, P.S.
or its representative has not been required, directly or indirectly as an express or implied condition in connection
with obtaining or carrying out this AGREEMENT to:
a) Employ or retain, or agree to employ to retain, any firm or person; or
b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration
of any kind; except as hereby expressly stated (if any):
I acknowledge that this certificate is to be furnished to the WSDOT
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.
3a/°7
D
Agreement Number: AG 16 - 6
WSDOT Form 140 -089 EF Exhibit G Page 1 of 1
Revised 10/30/2014
Exhibit G -2 Certification Regarding Debarment, Suspension and Other
Responsibility Matters - Primary Covered Transactions
I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals:
A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
B. Have not within a three (3) year period preceding this proposal been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under
a public transaction; violation of Federal or State anti -trust statues or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving
stolen property;
C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b)
of this certification; and
D. Have not within a three (3) year period preceding this application / proposal had one or more public
transactions (Federal, State and local) terminated for cause or default.
II. Where the prospective primary participant is unable to certify to any of the statements in this certification,
such prospective participant shall attach an explanation to this proposal.
Nelson Davis, President - KPG, P.S.
Consultant (Firm Name)
Signature (Authorized Official of Consultant) Date
Agreement Number: AG 16 - 6 3
WSDOT Form 140 -089 EF Exhibit G
Revised 10/30/2014
Page 1 of 1
Exhibit G -3 Certification Regarding the Restrictions of the Use of Federal Funds
for Lobbying
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any Federal agency, a Member
of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative AGREEMENT, and the extension, continuation, renewal, amendment,
or modification of Federal contract, grant, loan or cooperative AGREEMENT.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete and submit
Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into
this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000.00, and not more than $100,000.00,
for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require
that the language of this certification be included in all lower tier sub - contracts, which exceed $100,000,
and that all such sub - recipients shall certify and disclose accordingly.
Nelson Davis, President - KPG, P.S.
Consultant (Firm Name)
Signature (Authorized Official of Consultant) Date
4101
Agreement Number: AG 16 - i S
WSDOT Form 140 -089 EF Exhibit G Page 1 of 1
Revised 10/30/2014
Exhibit G-4 Certificate of Current Cost or Pricing Data
This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section
2.101 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403 -4) submitted,
either actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer's
representative in support of Steel Lake Park to Downtown Trail Project * are accurate, complete, and current
as of February 23, 2016
This certification includes the cost or pricing data supporting any advance AGREEMENT's and forward pricing
rate AGREEMENT's between the offer or and the Government that are part of the proposal.
Firm: Nelson Davis, President - KPG, P.S.
**
Ak\-
Signature Title
President
Date of Execution * * *: D 3 / 1 1 / 2016
*Identify the proposal, quotation, request for pricing adjustment, or other submission involved, giving the appropriate identifying number (e.g. project title.)
* *Insert the day, month, and year when price negotiations were concluded and price AGREEMENT was reached.
** *Insert the day, month, and year, of signing, which should be as close as practicable to the date when the price negotiations were concluded and the
contract price was agreed to.
Agreement Number: AG 16- 0 3 3
WSDOT Form 140 -089 EF Exhibit G Page 1 of 1
Revised 10/30/2014
Exhibit H
Liability Insurance Increase
To Be Used Only If Insurance Requirements Are Increased
The professional liability limit of the CONSULTANT to the AGENCY identified in Section XIII, Legal Relations
and Insurance of this Agreement is amended to $
The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the
amount of $
Such insurance coverage shall be evidenced by one of the following methods:
• Certificate of Insurance.
• Self - insurance through an irrevocable Letter of Credit from a qualified financial institution.
Self - insurance through documentation of a separate fund established exclusively for the payment of professional
liability claims, including claim amounts already reserved against the fund, safeguards established for payment
from the fund, a copy of the latest annual financial statements, and disclosure of the investment portfolio for
those funds.
Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed
$1 million per occurrence or the value of the contract, whichever is greater, then justification shall be submitted
to the Federal Highway Administration (FHWA) for approval to increase the minimum insurance limit.
If FHWA approval is obtained, the AGENCY may, at its own cost, reimburse the CONSULTANT for the additional
professional liability insurance required.
Notes: Cost of added insurance requirements: $
• Include all costs, fee increase, premiums.
• This cost shall not be billed against an FHWA funded project.
• For final contracts, include this exhibit.
THIS EXHIBIT H IS NOT APPLICABLE
Agreement Number: AG 16- t 3 5
WSDOT Form 140 -089 EF Exhibit H Page 1 of 1
Revised 10/30/2014
Exhibit 1
Alleged Consultant Design Error Procedures
The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a
nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution
and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage
due to the alleged error by the consultant.
Step 1 Potential Consultant Design Error(s) is Identified by Agency's Project Manager
At the first indication of potential consultant design error(s), the first step in the process is for the Agency's
project manager to notify the Director of Public Works or Agency Engineer regarding the potential design
error(s). For federally funded projects, the Region Local Programs Engineer should be informed and
involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an
agency staff person other than the project manager, who has not been as directly involved in the project,
to be responsible for the remaining steps in these procedures.)
Step 2 Project Manager Documents the Alleged Consultant Design Error(s)
After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the
Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed
documentation than is normally required on the project. Examples include: all decisions and descriptions
of work; photographs, records of labor, materials and equipment.
Step 3 Contact the Consultant Regarding the Alleged Design Error(s)
If it is determined that there is a need to proceed further, the next step in the process is for the project
manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged
error(s). The project manager and other appropriate agency staff should represent the agency and the
consultant should be represented by their project manager and any personnel (including sub - consultants)
deemed appropriate for the alleged design error(s) issue.
Step 4 Attempt to Resolve Alleged Design Error with Consultant
After the meeting(s) with the consultant have been completed regarding the consultant's alleged design
error(s), there are three possible scenarios:
• It is determined via mutual agreement that there is not a consultant design error(s). If this is the case,
then the process will not proceed beyond this point.
• It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case,
then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement
with the consultant. The settlement would be paid to the agency or the amount would be reduced from
the consultant's agreement with the agency for the services on the project in which the design error
took place. The agency is to provide LP, through the Region Local Programs Engineer, a summary
of the settlement for review and to make adjustments, if any, as to how the settlement affects federal
reimbursements. No further action is required.
• There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may
request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency
Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal
counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5.
Agreement Number: AG 16- b 5"
WSDOT Form 140 -089 EF Exhibit l Page 1 of 2
Revised 10/30/2014
Step 5 Forward Documents to Local Programs
For federally funded projects all available information, including costs, should be forwarded through the
Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet
with representatives of the agency and the consultant to review the alleged design error(s), and attempt
to find a resolution to the issue. If necessary, LP will request assistance from the Attorney General's Office
for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of project costs
for federal reimbursement.
• If mutual agreement is reached, the agency and consultant adjust the scope of work and costs
to reflect the agreed upon resolution. LP, in consultation with FHWA, will identify the amount
of federal participation in the agreed upon resolution of the issue.
• If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration
or by litigation.
Agreement Number: AG 16- 0 16-
WSDOT Form 140 -089 EF Exhibit 1 Page 2 of 2
Revised 10/30/2014
Exhibit J
Consultant Claim Procedures
The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following
procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total
of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the
Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s)
that total $1,000 or less.
This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential
claim by the consultant.
Step 1 Consultant Files a Claim with the Agency Project Manager
If the consultant determines that they were requested to perform additional services that were outside
of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed
is the request for consideration of the claim to the Agency's project manager.
The consultant's claim must outline the following:
• Summation of hours by classification for each firm that is included in the claim;
• Any correspondence that directed the consultant to perform the additional work;
• Timeframe of the additional work that was outside of the project scope;
• Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with
the additional work; and
• Explanation as to why the consultant believes the additional work was outside of the agreement
scope of work.
Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation
After the consultant has completed step 1, the next step in the process is to forward the request to the
Agency's project manager. The project manager will review the consultant's claim and will met with the
Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the
FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's
recommendation for federal participation in the claim to the WSDOT Local Programs through the Region
Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from
agency funds.
If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs
(if applicable), and FHWA (if applicable) agree with the consultant's claim, send a request memo, including
backup documentation to the consultant to either supplement the agreement, or create a new agreement
for the claim. After the request has been approved, the Agency shall write the supplement and/or new
agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for
the agreement is subject to audit. No further action in needed regarding the claim procedures.
If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures.
Agreement Number; AG 16- D 3 5
WSDOT Form 140 -089 EF Exhibit J Page 1 of 2
Revised 10/30/2014
Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s)
If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary
for the Director of Public Works or Agency Engineer that included the following:
• Copy of information supplied by the consultant regarding the claim;
• Agency's summation of hours by classification for each firm that should be included in the claim;
• Any correspondence that directed the consultant to perform the additional work;
• Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated
with the additional work;
• Explanation regarding those areas in which the Agency does /does not agree with the consultant's
claim(s);
• Explanation to describe what has been instituted to preclude future consultant claim(s); and
• Recommendations to resolve the claim.
Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation
The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove
the claim, or portions thereof, which may include getting Agency Council or Commission approval (as
appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain
concurrence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the claim
is not eligible for federal participation, payment will need to be from agency funds.
Step 5 Informing Consultant of Decision Regarding the Claim
The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final
decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim(s)
and rationale utilized for the decision.
Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s)
The agency shall write the supplement and /or new agreement and pay the consultant the amount
of the claim. Inform the consultant that the final payment for the agreement is subject to audit.
Agreement Number: AG 16- 6 a
WSDOT Form 140 -089 EF Exhibit J Page 2 of 2
Revised 10/30/2014