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HomeMy WebLinkAboutAG-C-416 KPG, IncCITYYOF AUBURN WASHINGTON March 5, 2012 03.3,5 Peter B. Lewis, Mayor Jason Fitzler KPG, Inc. 2502 Jefferson Avenue Tacoma, WA 98402 25 West Main Street * Auburn WA 98001 -4998 * www.auburnwa.gov * 253- 931 -3000 RE: Agreement No. AG -C -416 Project No. CP0616, Downtown Pedestrian Kiosks Contract Execution Dear Mr. Fitzler: 00),0z4irs 0)(;906 Enclosed is an executed copy of the above- referenced Agreement. For the City's tracking and record keeping purposes, please reference AG -C -416 and PROJECT No. CP0616 on all correspondence, and related material. We must receive the certificate(s) of insurance, within fourteen days, evidencing your insurance coverage as required per Section XIII, before we can issue a Notice to Proceed. Please send the certificate(s) to JoAnne Andersen, Contracts Administration Specialist, at the address listed at the top of this letterhead. As the project manager, I am the designated contact for this agreement and all amendments. Questions, assignments and coordination shall be routed through me. You can contact me at 253 - 931 -3086. Sincerely, Ryan Vondrak, P.E. Project Engineer Public Works Department RV /ja /hg Enclosure cc: Dani Daskam, City Clerk AG -C -416 Proj. No. CP0616 (File 2.20) AUBURN * MORE THAN YOU IMAGINED Local Agency Standard Consultant A • reement Consultant/Address /Telephone KPG, Inc. 2502 Jefferson Ave Tacoma, WA 98402 (253)627 -0720 Attn: Jason Fritzler 0 Architectural /Engineering Agreement ❑ Personal Service Agreement Agreement Number AG -C -416 Project Title And Work Description Downtown Pedestrian Kiosks This project will design and construct pedestrian kiosks at 9 locations in efforts to enhance the pedestrian experience in Downtown Auburn. Federal Aid Number STPE- 0055(235) Agreement Type (Choose one) ❑ Lump Sum Lump Sum Amount $ a Cost Plus Fixed Fee Overhead Progress Payment Rate 163.63% Overhead Cost Method • Actual Cost • Actual Cost Not To Exceed 0/0 DEB Participation • Yes L No % Federal ID Number or Social Security Number 91- 1477622 _ Fixed Overhead Rate 163.63% Fixed Fee $ 1.678.69 Do you require a 1099 for IRS? • Yes 0 No Completion Date 9/30/2012 ❑ Specific Rates Of Pay • Negotiated Hourly Rate • Provisional Hourly Rate ❑ Cost Per Unit of Work Total Amount Authorized $35,832.18 Management Reserve Fund $4,167.82 Maximum Amount Payable $40,000.00 Index of Exhibits (Check all that apply): ® Exhibit A -1 Scope of Work ❑ Exhibit A -2 Task Order Agreement ® Exhibit B -1 DBE Utilization Certification ® Exhibit C Electronic Exchange of Data ❑ Exhibit D -1 Payment — Lump Sum ® Exhibit D -2 Payment — Cost Plus ❑ Exhibit D -3 Payment — Hourly Rate ❑ Exhibit D-4 Payment — Provisional ❑ Exhibit E -1 Fee — Lump/Fixed/Unit ❑ Exhibit E -2 Fee — Specific Rates ® Exhibit F Overhead Cost ® Exhibit G Subcontracted Work ❑ Exhibit G -1 Subconsultant Fee THIS AGREEMENT, made and entered into this ❑ Exhibit G -2 Fee -Sub Specific Rates ❑ Exhibit G -3 Sub Overhead Cost ® Exhibit H Title VI Assurances ® Exhibit I Payment Upon Termination of Agreement ® Exhibit J Alleged Consultant Design Error Procedures ® Exhibit K Consultant Claim Procedures ® Exhibit L Liability Insurance Increase ® Exhibit M -la Consultant Certification ® Exhibit M -lb Agency Official Certification ® Exhibit M -2 Certification — Primary ® Exhibit M -3 Lobbying Certification ® Exhibit M -4 Pricing Data Certification ® App. 31.910 Supplemental Signature Page rk 027 - day of a- , I ,ZJ Between the Local Agency of City of Auburn , Washington, hereinafter called the "AGENCY ", and the above organization hereinafter called the "CONSULTANT ". DOT Form 140 -089 EF Page 1 of 8 Revised 3/2008 WITNESSETH THAT: WHEREAS, the AGENCY desires to accomplish the above referenced project, and WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT; and WHEREAS, the CONSULTANT represents that he /she is in compliance with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish Consulting services to the AGENCY, NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I General Description of Work The work under this AGREEMENT shall consist of the above described work and services as herein defined and necessary to accomplish the completed work for this PROJECT. The CONSULTANT shall furnish all services, labor, and related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT. II Scope of Work The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit "A" attached hereto and by this reference made a part of this AGREEMENT. III General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress and presentation meetings with the AGENCY and/or such Federal, State, Community, City or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the work in sufficient detail so that the progress of the work can easily be evaluated. The CONSULTANT, and each SUBCONSULTANT, shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONSULTANT, and each SUBCONSULTANT, shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT- assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the termination of this AGREEMENT. Participation for Disadvantaged Business Enterprises (DBE), if required, per 49 CFR Part 26, or participation of Minority Business Enterprises (MBE), and Women Business Enterprises (WBE), shall be shown on the heading of this AGREEMENT. If D/M /WBE firms are utilized, the amounts authorized to each firm and their certification number will be shown on Exhibit "B" attached hereto and by this reference made a part of this AGREEMENT. If the Prime CONSULTANT is a DBE firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY'S "DBE Program Participation Plan ". The mandatory DBE participation goals of the AGREEMENT are those established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the AGENCY. All Reports, PS &E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C." All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to the CONSULTANT. DOT Form 140 -089 EF Page 2 of 8 Revised 3/2008 IV Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under completion date. The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT. A prior supplemental agreement issued by the AGENCY is required to extend the established completion time. V Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided in Exhibit "D" attached hereto, and by reference made part of this AGREEMENT. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. A post audit may be performed on this AGREEMENT. The need for a post audit will be determined by the State Auditor, WSDOT External Audit Office and /or at the request of the AGENCY'S PROJECT Manager. VI Sub - Contracting The AGENCY permits sub - contracts for those items of work as shown in Exhibit "G" attached hereto and by this reference made part of this AGREEMENT. Compensation for this sub - consultant work shall be based on the cost factors shown on Exhibit "G." The work of the sub - consultant shall not exceed its maximum amount payable unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, overhead, direct non -salary costs and fixed fee costs for the sub - consultant shall be substantiated in the same manner as outlined in Section V. All sub - contracts shall contain all applicable provisions of this AGREEMENT. With respect to sub - consultant payment, the CONSULTANT shall comply with all applicable sections of the Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT shall not sub - contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. No permission for sub - contracting shall create, between the AGENCY and subcontractor, any contract or any other relationship. A DBE certified sub - consultant is required to perform a minimum amount of their sub - contracted agreement that is established by the WSDOT Highways and Local Programs Project Development Engineer in consultation with the AGENCY. VII Employment The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from the AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a DOT Form 140 -089 EF Page 3 of 8 Revised 3/2008 third party as a consequence of any act or omission on the part of the CONSULTANT'S employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of the contract, any professional or technical personnel who are, or have been, at any time during the period of the contract, in the employ of the United States Department of Transportation, or the STATE, or the AGENCY, except regularly retired employees, without written consent of the public employer of such person. VIII Nondiscrimination During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest agrees to comply with the following laws and regulations: Title VI of the Civil Rights Act of 1964 (42 USC Chapter 21 Subchapter V Section 2000d through 2000d -4a) Federal -aid Highway Act of 1973 (23 USC Chapter 3 Section 324) Rehabilitation Act of 1973 (29 USC Chapter 16 Subchapter V Section 794) Age Discrimination Act of 1975 (42 USC Chapter 76 Section 6101 et seq.) Civil Rights Restoration Act of 1987 (Public Law 100 -259) American with Disabilities Act of 1990 (42 USC Chapter 126 Section 12101 et. seq.) 49 CFR Part 21 23 CFR Part 200 RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "H" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "H" in every sub - contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the CONSULTANT, a fmal payment shall be made to the CONSULTANT as shown in Exhibit "I" for the type of AGREEMENT used. No payment shall be made for any work completed after ten (10) days following receipt by the CONSULTANT of the Notice to Terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth herein above, then no fmal 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. DOT Form 140 -089 EF Page 4 of 8 Revised 3/2008 In such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth above. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to perform is without the CONSULTANT'S or it's employee's default or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervisory personnel assigned to the PROJECT, or dissolution of the partnership, termination of the corporation, or disaffiliation of the principally involved employee, the surviving members of the CONSULTANT hereby agree to complete the work under the terms of this AGREEMENT, if requested to do so by the AGENCY. This subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the AGENCY so chooses. In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the CONSULTANT, with the AGENCY'S concurrence, desire to terminate this AGREEMENT, payment shall be made as set forth in the second paragraph of this section. Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform work required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X Changes of Work The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof. Should the AGENCY fund it desirable for its own purposes to have previously satisfactorily completed work or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under Section XIV. XI Disputes Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided, however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to de novo judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit "J ", and disputes concerning claims will be conducted under the procedures found in Exhibit "K ". XII Venue, Applicable Law, and Personal Jurisdiction In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties to such action shall have the right of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington, situated in the county in which the AGENCY is located. DOT Form 140 -089 EF Page 5 of 8 Revised 3/2008 XIII Legal Relations The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this AGREEMENT. This contract shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT; provided that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold harmless the AGENCY or the STATE from claims, demands or suits based solely upon the conduct of the AGENCY or the STATE, their agents, officers and employees; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT'S agents or employees, and (b) the AGENCY or the STATE, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon such negligence (2) the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents or employees. The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor. The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the PROJECT. Subject to the processing of a new sole source, or an acceptable supplemental agreement, the CONSULTANT shall provide On -Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance with the contract documcnts. The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall not exceed one million dollars ($1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the CONSULTANT, the AGENCY will be named on all policies as an additional insured. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to the AGENCY. No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this AGREEMENT or one million ($1,000,000) dollars, whichever is the greater, unless modified by Exhibit "L ". In no case shall the CONSULTANT'S professional liability to third parties be limited in any way. DOT Form 140 -089 EF Page 6 of 8 Revised 3/2008 The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY and the STATE may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. XIV Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of the AGREEMENT in the services to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the work under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of the AGREEMENT, the AGENCY shall make an equitable adjustment in the (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify the AGREEMENT accordingly. C. The CONSULTANT must submit any "request for equitable adjustment ", hereafter referred to as "CLAIM ", under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of the AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs (A) and (B) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XV Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XVI Federal and State Review The Federal Highway Administration and the Washington State Department of Transportation shall have the right to participate in the review or examination of the work in progress. XVII Certification of the Consultant and the Agency Attached hereto as Exhibit "M -1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "M -2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit "M -3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "M-4" Certificate of Current Cost or Pricing Data. Exhibit "M -3" is required only in AGREEMENTS over $100,000 and Exhibit "M -4" is required only in AGREEMENTS over $500,000. XVIII Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this AGREEMENT. XIX Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof. DOT Form 140 -089 EF Page 7 of 8 Revised 3/2008 In witness whereof, the parties hereto have executed this AGREEM .e day and year shown in the "Execution Date" box on •age one (1) of this AGREEMENT. By Consultant A{/19. DOT Form 140 -089 EF Page 8 of 8 Revised 3/2008 By - Agency a EXHIBIT A CITY OF AUBURN SCOPE OF SERVICES During the term of this AGREEMENT, KPG, Inc. (CONSULTANT) shall perform professional services for the City of Auburn (CITY) in connection with the following project: Project CP0616 Downtown Pedestrian Kiosks A. PROJECT DESCRIPTION/BACKGROUND The City of Auburn desires to take the conceptual level pedestrian kiosk design developed as part of the City's South Division Street Promenade project and approved by the City's Downtown Redevelopment Committee in early 2011 to a final design PS &E for construction. These pedestrian kiosks would be constructed in 9 locations around the City's downtown area that have been pre - determined by the City (see Figure 1). The approximate locations of the kiosks are as follows: 1. NE End of the B Street Plaza 2. SW End of the B Street Plaza Near Mailboxes 3. South Side of East Main Street in Front of the Justice Center 4. NW Corner of 2nd Street SE / A Street SE Adjacent to First Wheel Stop 5. South Side of West Main Street adjacent to the Interurban Trail 6. West Side of A Street SW within Sound Transit Plaza Near South Planters 7. SW Corner of Main Street and B Street SW Near Auburn History Sign 8. SW Corner of West Main Street and A St NW near bench 9. NW Corner of South Division Street / 1st St SW As a part of the City's South Division Street Promenade Project, a foundation was designed for the pedestrian kiosk to be located at the NW corner of South Division Street / 1st Street SW. It is assumed this project will utilize this same foundation design for each of the above mentioned kiosk locations. B. PROJECT ASSUMPTIONS The following assumptions were made to provide direction to the design: ❑ KPG, Inc. and work performed by them will be referred to as "Consultant" in this document. ❑ The City of Auburn and its staff will be referred to as "City" in this document. ❑ The City will print and produce additional copies of all documents as necessary for its use. ❑ The Consultant shall prepare all drawings using AutoCAD 2009. Project schedules shall be prepared using Microsoft Project (version 2007 or earlier), spreadsheets in Microsoft AG -C -416 Exhibit A Scope of Work Page 1 of 7 Downtown Pedestrian Kiosks Excel (version 2003 or earlier), and text documents in Microsoft Word (version 2003 or earlier). ❑ The City shall arrange for access to and make all provisions for the Consultant to enter upon public and private property as required for the Consultant to perform services hereunder. ❑ Design Submittals including drawings and specifications will be provided as described in the applicable task scopes of work. ❑ All plans shall be prepared in accordance with City standards. All plans will be completed at a 20:1 horizontal scale and a 1:5 vertical scale, unless otherwise approved by the City. Full -sized final plan sheets will be provided with a 20.5 "x32.5" boarder printed on 22" x 36" mylars, and half -sized at 11 "x17 ". o The Consultant shall utilize the City's boilerplate 2010 Standard Special Provisions when preparing the 90 %, and 100% Construction Specifications. The City will be the lead in completing Divisions 0 through 7 and the Consultant will be the lead in completing Divisions 8 and 9. All changes to the boilerplate special provisions shall be tracked utilizing track changes. ❑ The City will complete all necessary topographic surveys and prepare basemaps for each pedestrian kiosk location. Horizontal datum will be NAD83 /91 based upon existing CITY and WSDOT control. Vertical datum will be NAVD -88 based upon existing CITY benchmarks adjacent to the site. ❑ The City will coordinate field utility locates. ❑ The City will field verify all kiosk locations with the Consultant. Kiosk orientation, connections into existing nearest electrical j- boxes, and guidance on surface removal limits and restoration will be needed for each location. ❑ This scope of services assumes that the conceptual kiosk design and the structurally approved foundation provided to the City (see Figure 2) shall be the design of all 9 kiosk locations referenced above. If special foundations are required, supplemental structural design services may be needed above what is outlined in this scope and fee. C. KPG DELIVERABLES Deliverables prepared by the Consultant are identified at the end of each task in the scope of work. D. CITY PROVIDED ITEMS: The City will provide /prepare the following: ❑ City utility coordination will be through the City project manager. ❑ Where available and applicable, street as- builts showing existing utilities such as water, sewer, storm, lighting, power, and gas. AG -C -416 Exhibit A Scope of Work Page 2 of 7 Downtown Pedestrian Kiosks ❑ City created basemaps and surveys in AutoCAD 2009. o Submittal reviews, comments, and approvals (1 set of comments per submittal). ci Meeting room arrangements, if necessary. ❑ Right of Entry and /or Temporary Construction Agreements. o Permit fees, if any. E. DESIGN CRITERIA WSDOT Publications a. Washington State Department of Transportation/American Public Works Association (WSDOT /APWA), Standard Specifications for Road, Bridge and Municipal Construction, 2010 edition and applicable Amendments. b. WSDOT Local Agency Guidelines (LAG) City of Auburn Standards c. Design and Construction Standards (latest edition), where applicable. d. Downtown Sidewalk Standards, where applicable. Other Publications e. Washington State Regulations, Accessibility Design for All (ADA). F. SCOPE OF WORK Task 1 —Management / coordination / administration 1.1 The Consultant will provide continuous project management for the project duration (4 months). 1.2 The Consultant shall prepare monthly progress reports identifying work in progress, upcoming work elements, and reporting of any delays, problems, or additional information needs. The monthly progress reports shall be submitted with invoices. The progress reports shall summarize start, finish, and percent complete for deliverable tasks during each billing period, percent complete of overall project elements, and anticipated deliverable tasks for the next month. The Consultant shall also summarize in the monthly progress reports problems encountered and actions taken for their resolution, potential future delays, and issues /activities requiring City direction. Any elements that may impact project completion time and cost shall be highlighted. Monthly invoices for work completed to date shall be submitted to the City. The invoices shall summarize budget, expenditures and percent expended for deliverable tasks during the billing period, and percent expended of overall project elements. AG -C -416 Exhibit A Scope of Work Page 3 of 7 Downtown Pedestrian Kiosks 1.3 The Consultant shall review available background documents. Task 1 Deliverables: • Monthly progress reports (4 months). Task 1 Assumptions: • Design will be Bid Ready by March 2012 TASK 2 — PUBLIC INVOLVEMENT 2.1 The Consultant shall prepare presentation materials (2 display boards or power point — at City's discretion) and attend up to two (2) Committee meetings. Materials will be coordinated with the City to be ready for Committee deadlines. Task 2 Deliverables: • Meeting presentation materials including electronic copies of renderings and other drawings. Task 2 Assumptions: • No public involvement meetings are required. TASK 3 — DESIGN 3.1. The Consultant will prepare and develop 60% pedestrian kiosk design Plans for review by the City. The 60% submittal will incorporate the information acquired from the field walkthrough and City staff on location, orientation, and connectivity to the nearest power source. The following is the anticipated sheet count for all plan submittals: ❑ Cover Sheet (1 sheet) — Prepared by the City ❑ General Sheet — Abbreviations, Legend, Index, Survey Data (2 sheets) — City ❑ Lighting Plans and Details (1" = 20' / 5 sheets) including the following City with input from the Consultant: ® Surface Restoration • J- Boxes, Conduit Runs, and Wiring • Wiring Details Prepared by the — Prepared by the ❑ Kiosk Wiring and Foundation Details (2 sheets) — Prepare by the Consultant AG -C -416 Exhibit A Scope of Work Page 4 of 7 Downtown Pedestrian Kiosks ❑ Kiosk Details (1 sheet) — Prepared by the Consultant 3.2 The Consultant will prepare 90% Plans and Specifications for review and approval by the City. The 90% submittal will include all comments received from the 60% review and will be a complete set of Contract Documents. 3.3 The Consultant will prepare Final Plans and Specifications for review and approval by the City. The Final submittal will include all comments received from the 90% review and will be a complete set of Contract Documents. 3.4 The Consultant will calculate quantities and prepare construction- cost estimates in support of the 60 %, 90 %, Final Plans. 3.5 The Consultant will prepare 90% and Final specifications for review and approval by the City., Specifications will be based on 2010 WSDOT Standard Specifications, using contract boilerplate and general special provisions provided by the City. Task 3 Deliverables: • 60 %, 90 %, and Final pedestrian kiosk plans in AutoCAD 2009 produced on CD. All referenced drawings shall be bound into each drawing file prior to providing it to the City. • 90% and Final Special Provisions in electronic word format using track changes. • Final Bid ready set of Special Provisions sealed by an engineer /architect licensed in Washington State. • (1) electronic copy in PDF format of the 60%, 90% and Final Plans and Special Provision summary of responses to previous review submittal comments by the City. • For bid set, One (1) full size set of original pedestrian kiosk drawings will be in 22 x 36 inch 4 mil mylar format, unbound, to be inserted into the City provided drawings. Drawing borders will be set for 20.5 x 32.5 inch to accommodate half size 11 x 17 inch drawings. Consultant provided drawings shall be sealed by an engineer /architect licensed in Washington State as appropriate. • One (1) final cost estimate sealed by an engineer licensed in Washington State. TASK 4 — BID PHASE SUPPORT (OPTIONAL) 4.1 The Consultant shall answer questions presented by contractors during the bidding process, as requested by the City. AG -C -416 Exhibit A Scope of Work Page 5 of 7 Downtown Pedestrian Kiosks 4.2 The Consultant shall prepare one (1) bid addendum, if required, and as requested by the City. All Consultant costs associated with addendums that are a result of errors, omissions, inconsistencies, or lack of clarity in the Contract Documents prepared by the Consultant are considered non - compensable and are not included in this task. Task 4 Deliverables: • Bid Addendum, if required. TASK 5 — CONSTRUCTION SUPPORT (OPTIONAL) 5.1 During the construction phase of the project, the Consultant will provide design clarifications and /or respond to requests for information (RFI) as required/desired by the City. Design clarifications will be provided on an on -call basis up to the amount budgeted for task 5. Effort will not exceed this budget amount without specific authorization from the City. All Consultant costs associated with design clarifications and RFIs that are a result of errors, omissions, inconsistencies, or lack of clarity in the Contract Documents prepared by the Consultant are considered non - compensable and are not included in this task. Prior to completing any design clarification or RFIs requested by the City, the Consultant and the City shall determine the level of effort required and whether the efforts are compensable under this task or are considered incidental to the Consultant's design efforts. All design clarification and RFIs made by the Contractor shall be forwarded to the City. The Consultant shall not respond to the Contractor directly and shall not proceed with work to answer design clarifications or RFIs without prior approval from the City. The Consultant shall not direct the Contractor to make any changes or deviations from the Contract Documents as this responsibility and authority shall only lie with the City. 5.2 The Consultant shall review shop drawings, samples, test reports, and other data submitted by the Contractor for compliance with the information required by the contract documents, when requested by the City. Submittal reviews will be performed within the time limits provided in the project specifications and comments will be provided on the City's submittal routing form. All submittals and submittal related communications will be directed through City staff Submittal review will be performed on an on -call basis up to the amount allocated for this task. Effort will not exceed the budgeted amount without specific authorization from the City. Task 5 Deliverables: • Review and respond to RF7's, when asked by City. • Review of shop drawings submittals and other related materials, when asked by City. AG -C-416 Exhibit A Scope of Work Page 6 of 7 Downtown Pedestrian Kiosks Task 5 Assumptions: • The City is responsible for receiving submittals from the Contractor and distributing submittals to the appropriate parties for review. The City shall determine acceptance status of each submittal based on recommendations and comments made by the reviewing parties. The City is responsible for returning submittals to the Contractor and for maintaining copies of the submittals within the project file. • The City shall perform an initial cursory review of all submittals to determine if minimum requirements for content; and format are met. If these requirements are not niet, the City will return the submittal to the Contractor for revision prior to commencement of review. • The City will receive the completed redline construction drawings from the'Contractor and complete the as- builtsfor this project. AG -C-416 Exhibit A Page 7 of 7 Scope of Work Downtown Pedestrian Kiosks Figure 1 Pedestrian Kiosk Locations :VW! rat - tt S • ,- . .1r■ c.,,,,, .4.. :-... ci, do..- , •-,. IA Tr, •••■••jen.o.0 IMO 111-f -;;-''...::;)1•421 , r 10:11110 741.iirl;?1 '.1.1 177; --. - - malIF i 7 12 15; ..iat laig ire ,...,..-. -3 aFieffek*.-- ---;-:-----;:- - 4-- is,,Nillr:41t.r. if; ,10ii1;"44, ItNi PM Pe, a:7 'dined I7/21 No Created WON d Alban, eG6 pierwooft Oarnh tr. wed Werems Moan erivirrlftes rot Minnwth. erptelent IP.MoNe et Of WOW* e.ala nweeel The City 14 Aut:rn nab re .w,rr,flb ID Wax, Exhibit B DBE Participation This Agreement does not have a DBE Participation requirement. AG -C -416 Exhibit B DBEParticipation Page 1 of 1 Downtown Pedestrian Kiosks Exhibit C Electronic Exchange of Engineering and Other Data The electronic format and standards to be provided for this project are identified within Exhibit A, Scope of Services. As a summary, these standards may include, but are not limited to, the following: 1. Text Documents — Microsoft Word, Version 2003 or earlier 2. Spreadsheet Documents — Microsoft Excel, Version 2003 or earlier 3. Project Schedules — Microsoft Project, Version 2007 or earlier 4. Construction Drawings — AutoCAD Version 2009 AG -C-416 Exhibit C Page 1 of .1 Electronic Exchange of Engineering and Other Data Downtown Pedestrian Kiosks Exhibit D -2 Payment (Cost Plus a Fixed Fee) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work specified in Section II, "Scope of Work." The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost, overhead, direct non -salary costs, and fixed fee. 1. Direct Salary Costs: The Direct Salary Cost is the direct salary paid to principals, professional, technical, and clerical personnel for the time they are productively engaged in work necessary to fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the direct salary costs billed to the AGENCY. 2. Overhead Costs: Overhead Costs are those costs other than direct costs, which are included as such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall be made at the rate shown in the heading of this AGREEMENT under "Overhead Progress Payment Rate." Total overhead payment shall be based on the method shown in the heading of the AGREEMENT. The two options are explained as follows: a. Fixed Rate: If this method is indicated in the heading of the AGREEMENT the AGENCY agrees to reimburse the CONSULTANT for overhead at the percentage rate shown. This rate shall not change during the life of the AGREEMENT. b. Actual Cost: If this method is indicated in the heading of the AGREEMENT the AGENCY agrees to reimburse the CONSULTANT the actual overhead costs verified by audit, up to the Maximum Total Amount Payable, authorized under this AGREEMENT, when accumulated with all other Actual Costs. A summary of the CONSULTANTS cost estimate and the overhead computation is shown in Exhibit "E" attached hereto and by this reference made part of this AGREEMENT. When an Actual Cost method is used, the CONSULTANT (prime and all sub - consultants) will submit to the AGENCY within six (6) months after the end of each firm's fiscal year, an overhead schedule in the format required by the AGENCY (cost category, dollar expenditures, etc.) for the purpose of adjusting the overhead rate for billing purposes. It shall be used for the computation of progress payments during the following year and for retroactively adjusting the previous year's overhead cost to reflect the actual rate. Failure to supply this information by either the prime CONSULTANT or any of their sub - consultants shall cause the AGENCY to withhold payment of the billed overhead costs until such time as the required information is received and an overhead rate for billing purposes is approved. AG -C -416 Exhibit D -2 Payment (Cost Plus a Fixed Fee) Page 1 of 3 Downtown Pedestrian Kiosks The AGENCY, STATE and /or the Federal Government may perform an audit of the CONSULTANT'S -books and records at any time during regular business hours to determine the actual overhead rate, if they so desire. 3. Direct Non -Salary Costs: Direct Non -Salary Costs 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 the AGENCY'S Travel Rules and Procedures. However, 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. 4. Fixed Fee: The Fixed Fee, which represents the CONSULTANT'S profit, is shown in the heading of this AGREEMENT under Fixed Fee. This amount does not include any additional Fixed Fee, which could be authorized from the Management Reserve Fund. This fee is based on the Scope of Work defined in this AGREEMENT:and•the estimated person -hours required to perform the stated Scope of Work. In the event the CONSULTANT enters into a supplemental AGREEMENT for additional work, the supplemental AGREEMENT may include provisions for the added costs and an appropriate additional fee.' The Fixed Fee will be prorated and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not previously paid in the progress payments will be covered in the final payment, subject to the provisions of Section IX entitled "Termination of Agreement." 5. Management Reserve Fund: The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator with the flexibility to authorize additional funds to -the AGREEMENT for allowable unforeseen costs; or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Suchauthorization(s) shall be in writing and shall not exceed the lesser of $100,000'or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the Management Reserve Fund is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the Management Reserve Fund shall be made in accordance with Section XIV, "Extra Work." 6. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the Management Reserve Fund. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIV, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT. B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement. of Actual Costs plus the calculated overhead and fee on a monthly basis during the progress of the work. Such billings shall be in a format approved by the AGENCY and AG -C-416 Exhibit D -2 • Payment (Cost. Plus a Fixed Fee) Page 2 of 3 Downtown Pedestrian Kiosks ry accompanied by the monthly progress reports required under Section III, "General Requirements" of this AGREEMENT. The billings will be supported by an itemized listing for each item including Direct Salary, Direct Non - Salary, and allowable Overhead Costs to which will be added the prorated Fixed Fee. To provide a means of verifying the billed salary costs for CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the PROJECT at the time of the interview. C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent upon receipt of all PS &E, plans, maps, notes, reports, electronic data and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit, all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty (30) days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT has twenty (20) days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. D. Inspection of Cost Records: The CONSULTANT and their sub - consultants shall keep available for inspection by representatives of the AGENCY, STATE and the United States, for a period of three (3) years after receipt of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this contract is initiated before the expiration of the three (3) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. AG -C-416 Exhibit D -2 Payment (Cost Plus a Fixed Fee) Page 3 of 3 Downtown Pedestrian Kiosks Exhibit E -1 Consultant Fee Determination - Summary Sheet (Lump Sum, Cost Plus Fixed Fee, Cost Per Unit of Work) Project: City of Auburn - Downtown Pedestrian Kiosks AG -C -416 Direct Salary Cost (DSC): Classification Man Hours Rate = = Cost Senior Eng/Urban Designer 7.0 X 74.25 $ 519.75 Project Manager 44.0 X 55.00 2,420.00 Project Eng/Urban Designer 66.0 X 47.50 3,135.00 Design Eng/Urban Designer 101.0 X 32.50 3,282.50 CAD Tech 56.0 X 27.00 1,512.00 Office Admin 14.0 X 23.00 322.00 X X X Total DSC = $ 11,191.25 Overhead (OH Cost -- including Salary Additives): OH Rate x DSC of 163.63 %x$ 11,191.25 18,312.24 Fixed Fee (FF): FF Rate x DSC of 15 % x $ 11,191.25 1,678.69 Reimbursables: Itemized 4,650.00 Subconsultant Costs (See Exhibit G): 0.00 Grand Total 35,832.18 Prepared By: Jason Fritzler - PM DOT Form 140 -089 EF Exhibit E -1 Revised 6/05 Date: January 26, 2012 EXHIBIT F - BREAKDOWN.OF.OVERHEAD COSTS • STATEMENT OF DIRECT LABOR; FRINGE BEN EFITS, ANDGENERAL OVERHEAD FOR 2011 KPG, INC. P.S. DESCRIPTION % Of 2009 Adjustments 2009 % Of Direct Expense Expense Direct - Labor Labor DIRECT LABOR $ 2,402,013 $0 $ 2,402,013 FRINGE BENEFITS Payroll Taxes 11.0% 264,562 264,562 11.0% Insurance - Medical /Dental/Vision 13.4% 321,268 321,268 13.4% Paid Leave Vacation/ Holiday/ Sick 14.8% 355,211 355,211 14.8% 401(K) 4.6% 110,504 110,504 4.6% Employee Bonus 9.9% 238,682 . .. 238,682 - 9.9% TOTAL FRINGE BENEFITS 53.7% '$ 1,290,227 $0 $ 1,29%227 - 53.7% GENERAL OVERHEAD Indirect Labor 36.3% 871,035 871,035 36.3% . Legal & Accounting Services. 0.8% 18,262 18,262 0.8% Automotive & Travel Expenses 3.1% 73,374 -$703 72,671 3.0 %0 Bank Fees & Payroll Admin Fees 0.2% 3,819 3,819 0.2% Organizations 0.5% 11,155 11,155 0.5% Training/ Education 0.8% 19,388 19,388 0.8% Conferences 0.7% 16,189 - $2,240 13,949 0:6% Publications 0.1% 2,078 2,078 0.1% Employee Services 1.8% 44,182 - $27,723 16,459 0.7% Finance Charge 0.0% 940 -$940 - 0.0% Professional Licensing 0.1% 2,048 .2,048 0.1% Meals 1.6% 38,878 - $38,878 - 0.0% Donations 0.0% 400 -$400 - 0.0% Office Supplies 12.3% 294,963 294,963 12.3% Equipment Support 13.4% 321,092 321,092 13.4% Postage /Shipping 0.2% 4,773 4,773 0.2% Printing/ Reprographics 0.5% 12,710 12,710 0.5% Rent 10.5% 253,333 253,333 10.5% ' Repairs & Maintenance 8.9% 214,309 214,309 8.9% Communications 1.9% 45,820 45,820 1.9% . Utilities 0.5% 12,102 ' 12,102 0.5% Business Taxes & Insurance 9.2% 220,441 - $5,610 214,831 8.9% Depreciation 1.2% 29,677 29,677 1.2% Cost of Money 2.2% 51,813 51,813 2.2% Self Insurance 2.1% 50,000 50,000 2.1% Survey 2.0% 47,129 47,129 2.0% Fuel for Survey Vehicles 0.4% 10,295 - $1,030 9,265 0.4% Interest 0.0% 940 =$940 - 0.0% Recruiting Costs 0.0% 763 763 0.0% Commuter Passes 0.0% 246 246 0.0% Survey Equipment 1.9% 46,472 46,472 1.9% TOTAL GENERAL OVERHEAD 113.2% •'$ Z718,626 - $78,464 ,$.2,640,162 109.9% TOTAL OVERHEAD EXPENSE 166.90% $.4,008,853 - $78,464 $ 3,930,389. 163.63% ExfibitG Subcontracted Work The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT: No subcontracts are expected in this contract. AG -C- 416 Exhibit G Subcontracted Work Page •1 of 1 Downtown Pedestrian Kiosks Exhibit H 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 the AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub - consultants, including procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. 3. Solicitations for Sub - consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub - contract, including procurement of materials or leases of equipment, each potential sub - consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under this AGREEMENT and the REGULATIONS relative to non - discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by AGENCY, STATE or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, STATE or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. 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 the AGREEMENT until the CONSULTANT complies, and /or; • Cancellation, termination, or suspension of the AGREEMENT, in whole or in part 6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through (5) in every sub - contract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub - consultant or procurement as the AGENCY, STATE or FHWA may direct as a means of enforcing such provisions including sanctions for non- compliance. AG -C -416 Exhibit H Title VI Assurances Page 1 of 2 Downtown Pedestrian Kiosks Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub - consultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the STATE and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. AG -C -416 Exhibit H Title VI Assurances Page 2 of 2 Downtown Pedestrian Kiosks Exhibit I Payment Upon Termination of Agreement By the Agency Other Than for Fault of the Consultant (Refer to Agreement, Section IX) Lump Sum Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made shall total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the total work required for the PROJECT. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Cost Plus Fixed Fee Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total work required for the Project. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Specific Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT. Cost Per Unit of Work Contracts A final payment shall be made to the CONSULTANT for actual units of work completed at the time of termination of this AGREEMENT. AG -C -416 Exhibit I Payment Upon Termination of Agreement Page 1 of 1 Downtown Pedestrian Kiosks Exhibit J Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and /or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step I — Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Highways and Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 — Project Manager 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 manger and any personnel (including sub - consultants) deemed appropriate for the alleged design error(s) issue. Step 4 — Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultant's alleged design error(s), there are three possible scenarios: • It is determined via mutual agreement that there is not a consultant design error(s). if this is the case, then the process will not proceed beyond this point. • It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place. The agency is to provide H &LP, through the Region 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. AG -C -416 Exhibit J Alleged Consultant Design Error Procedures Page 1 of 2 Downtown Pedestrian Kiosks a) s (� U � N � 0 0 0 L L La) L Q ya) _ • 7 • 0 0 a) L 4) Ts a)(2 .0 bA 4) �.•V1 bn 0 a) 'D 0 ttO 0 cC N b4 a) = • O }a) U) rn oat 7 s0 • E c>, c —Ea w c c o En ct o aa) • c )) a) • 0 • 0 2 O a) a) h 7 0 U 0 a) a) O a) 3 0 0 L a) as 0 U • bA y tO , a) 0 c - E Step 5 — Forward Documents to Highways and Local Programs VI -o 4-. M M .0 0 1 • V) �+ ,-. L CA c b a a) • 0 0 3 .� a) R c� En •O 4. ¢ • E 3 -0 U •— p„ 0 3 4. a) c.� o an • C- U �O L OU • O a) .= ,.6 0 040 • _ a) 3 7 y O • a.+ cl 7 U bA rte, i, N ctl �. L a] 0 VI .� L E ciC 40 �� y O , U cd c 4• a. (4-, L 0 b • = .> C a) cd rte+ U "a) = a) • O at 0 0 y I c a) 0 O U) bO 0 'C C cC 7 0 0 O. >, 0 0 a a) C CC O O a) •_y c . L a) ^ -o "C) Cam) 3b c- 0W b0 >,, . = a) � -0 Q a) U, C O bO ! 3 � � a) .o c 40 boy i E y O ,v co cn a) a b 4, 00 L fl. •� az cC .- a) a) - -d 0 cd 0 cat U '3 c 2 ,>-, cC 0 O bA � w ,�E 0 7 u., cn ,c3 .> a a = 0 0 � O y C L 4 c • cri . ° vi ' = 0 al ?,33 co o- = 4 ES o • E >, •0 t= a) a) a) v y CZ, ; awi • –" P- aa)i b0 a) b0 0 a- c Y 3 • 3 r. c • as o w x E a • 4 y a 4- • >,� c c x o °L' E o :0 • .',=.' 1 L '� =� ^ at 'UO • • cC 7 7 7 cn =- ca) • 0 L O= c U 4- k•, w 00 00 C ._ Downtown Pedestrian Kiosks U) C 8 O a. (:1" w c .ca U) a) c X to w o (.0U v- o a) U QQ Exhibit K Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures . should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total of $1,000 or less, it would not be 'cost effective to proceed through the outlined steps. It is suggested that. the' Director' of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1 — Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency's project. manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 — Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1, the next step' in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the A gency 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 'r articipation in the claim to the WSDOT Highways and Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Highways and Local Programs (if applicable), and FHWA (if applicable) agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim. After the request has been approved, the Agency shall write the supplement and /or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. AG =C -416. Exhibit K Claim Procedures Page 1 of 2 Downtown Pedestrian Kiosks Consultant If the Agency does not agree with the consultant's claim, proceed to step 3` of theprocedures. . 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 b yclassification for each firm that should be included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; • Explanation regarding those areas in which the Agency does /does not agree with the consultant's claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s); and • Recommendations to resolve the claim. Step 4 — Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Pubic Works or Agency-Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation,. obtain concurrence from WSDOT Highways and Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5 — Informing Consultant of Decision Regarding the Claim The,Director of Public Works or Agency Engineer shall notify (in .writing) the consultant of their final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim(s) and rationale utilized for the decision. Step 6 — Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and /or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. • AG- C- 416-Exhibit K Claim Procedures Page 2.of.2- Downtown Pedestrian Kiosks Consultant • Exhibit L Liability Insurance Increase The professional liability limit of the CONSULTANT to the AGENCY identified in Section XIII, Legal Relations'andInsbrance of this AGREEMENT will not be increased for this project. AG-C-416 Exhibit K InSurance Increase Pabe 1 of 1 • Downtown Pedestrian Kiosks'Liability. Exhibit.M -1(a) Certification of Consultant Project No. CP0616 Local Agency City of Auburn I hereby certify that I am the V dc-t- 4'5 and duly authorized representative of the firm of KPG, Inc. whose address is 2502 Jefferson Avenue, Tacoma, WA 98402 and that neither I nor the above firm I here represent has: (a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure °the AGREEMENT; (b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or (c). Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State-and Federal laws, both criminal and civil. Date : gnature AG -C-416 Exhibit M -1(a) Certification of Consultant Page 1 of 1 Downtown Pedestrian Kiosks Exhibit M-1(b) Certification of-Agency Official I hereby certify that I am the AGENCY Official of the Local Agency of City of Auburn Washington, and that the consulting firm or its representative has not.been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: (a) Employ or retain, or agree to employ to retain, any firm or person; or (b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal -aid highway funds; and is subject to applicable State and Federal laws, both cri FEB 2:7 2012 Date Signature AG -C-416 Exhibit M -1(b) Certification of Agency Official Page 1 of 1 Downtown Pedestrian'Kiosks Exhibit M -2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions 1. 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 a ny 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. Consultant (Firm Name): KPG Inc. g16 Date Signat (President or Autho ' -d Official of Consultant) AG -C -416 Exhibit M -2 Page 1 of 1 Downtown Pedestrian Kiosks Certification Regarding Debarment, Suspension and Other Responsibility Matters Exhibit M -3 Certification ;Regarding the Restrictions of the use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 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, a 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 subcontracts, which exceed $100,000, and that all such sub - recipients shall certify and disclose accordingly. Consultant (Firm Name): KPG Inc. 7/ Date Signat 'resident or • . orized Official of Consultant) AG -C-416 Exhibit M -3 Page 1 of 1 Downtown Pedestrian Kiosks Certification Regarding the Restrictions of the use of Federal Funds for Lobbying a Exhibit ,M-4. Certificate of Current Cost. or Pricing Data This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section 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 suppolt o CP0616 — Downtown Pedestrian Kiosks* are accurate, complete, and current as of . OL/ a— * *. This certification includes the cost or pricing data supporting any advance agreements and forward pricing rate agreements between the offeror and the Government that are part of the proposal. Firm: Name: Title: KPG,Inc. G-4cH C 4/74- Date of Execution: * ** * ** //,L Identify the proposal, quotation, request for pricing adjustment, or other submission involved, giving the appropriate identifying number (e.g. RFP No.). Insert the day, month, and year, when price negotiations were concluded and price agreement was reached. * ** Insert the day, month, and year, of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. AG -C-416 Exhibit M -4 Certificate of Current Cost or Pricing Data Page 1 of 1 Downtown Pedestrian Kiosks R \\i\ A1JB1JPN CITY OF * Peter B. Lewis, Mayor WASHINGTON 25 West Main Street * Auburn WA 98001-4998 * www.auburnwa.gov * 253-9313000 November 9, 2012 KPG Incorporated Jason Fitzler 753 9`h Avenue North Seattle, WA 98109 RE: Agreement for Professional Services, AG-C-416 Downtown Pedestrian Kiosks GQ OVN Dear Mr. Fitzler: This letter is to inform you that the above-referenced Agreement for Professional Services is being closed at this time. Our records indicate that we processed the final payment for this agreement on 10/31/12 for invoice #92012 in the amount of$1,792.99. If you feel that this Agreement for Professional Services should not be closed, or if there are any outstanding invoices, please inform me by November 26, 2012. Thank you for your firm's professional services in work related to the Downtown Pedestrian Kiosks project. If you should have any questions, feel free to give me a call at 253-931-3086. Sincerely, 4.1 '411.1141 Ryan Vondrak, P.E. Project Engineer Department of Public Works RV/ja/m h cc: Dani Daskam, City Clerk AG-C-416 .AUBURN * MORE TI-IAN YOU IMAGINED