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HomeMy WebLinkAboutAG-C-433 KPG, Inc - CP1304 Local Agency Consultant/Addressfrelephone Standard Consultant Agreement KPG, Inc. 2502 Jefferson Ave ® Architectural/Engineering Agreement Tacoma, WA 98402 (253) 344-5267 ❑ Personal Service Agreement Attn: Richard Hutchinson Agreement Number Project Title And Work Description AG-C-433 Federal Aid Number CP1304—37"and B Street NW Pre-Signal This project will construct a pre-signal at the intersection of 37'" To Be Determined and B Street NW,adjacent to the BNSF railroad tracks. ' Agreement Type(Choose one) ❑ Lump Sum Lump Sum Amount$ ® Cost Plus Fixed Fee I Overhead Progress Payment Rate 145.78 % Overhead Cost Method DEB Participation ❑ Actual Cost ❑ Yes ® No ❑ Actual Cost Not To Exceed % Federal ID Number or Social Security Number ® Fixed Overhead Rate 145.78 % 91-1477622 Fixed Fee $ $2.649.75 Do you require a 1099 for IRS? Completion Date ❑ Yes ® No 12131/2014 ❑ Specific Rates Of Pay Total Amount Authorized $ 46.300.00 E] Negotiated Hourly Rate ' ❑ Provisional Hourly Rate Management Reserve Fund $ 8.700.00 ❑ Cost Per Unit of Work Maximum Amount Payable $ 55,000.00 Index of Exhibits(Check all that apply): ® Exhibit A-I Scope of Wotk ❑ Exhibit G-2 Fee-Sub Specific Rates ❑ Exhibit A-2 Task Order Agreement ❑ Exhibit G-3 Sub Overhead Cost ❑ Exhibit B-1 DBE Utilization Certification ® Exhibit H Title VI Assurances ® Exhibit C Electronic Exchange of Data ® Exhibit I Payment Upon Termination of Agreement ❑ Exhibit D-1 Payment—Lump Sum ® Exhibit 1 Alleged Consultant Design Error Procedures ® Exhibit D-2 Payment—Cost Plus a Fixed Fee ® Exhibit K Consultant Claim Procedures ❑ Exhibit D-3 Payment—Hourly Rate ® Exhibit L Liability Insurance Increase , ❑ Exhibit D-4 Payment—Provisional ® Exhibit M-Ia Consultant Certification ® ExhibitE-1 Fee—Lump/Fixed/Unit ® Exhibit M-IbAgencyOfficialCertification ❑ Exhibit E-2 Fee—Specific Rates ® Exhibit M-2 Certification—Primary ® Exhibit F Overhead Cost ® Exhibit M-3 Lobbying Certification ® Exhibit G Subcontracted Work ® Exhibit M-4 Pricing Data Certification ❑ Exhibit G-1 SubconsultantFee ❑ App. 31.910 Supplemental Signatute Page THIS AGREEMENT,made and entered into this 16 day of 0211/,3 Between the Local Agency of City of Auburn_, Washington,hereinafter called the"AGENCY", and the above organization hereinafter called the"CONSULTANT" AG-C-433 Page 1 of 8 CP1304 ' Local Agency Standard Consultant Agreement Shawn Campbell From: JoAnne Andersen Sent: Thursday, May 23, 2013 12:15 PM To: Shawn Campbell Subject: Please see attached Attachments: 20130523114443578.pdf Shown The front pope AG-C-433 recently executed was not dated. Please replace the pale with the attached. Thanks mid have a great holiday weekend. JoAnne Andersen Contracts Administration Specialist City ofAuburn - Public Works indersen @aubw-nwa.nov 253-931-3012 i CITY OF * + AD-BuRN Peter B. Lewis, Mayor WASHINGTON 25 West Main Street * Auburn WA 98001-4998 * www.auburnwa.gov * 253-931-3000 May 15, 2013 R OP Cry O N lr 0190/ Richard Hutchinson h�iy KPG, Inc. 2 eF 2502 Jefferson Avenue Tacoma, WA 98402 RE. Agreement No AG-C-433 Project No CP1304, 37th and B Street NW Pre-Signal Contract Execution Dear Mr Hutchinson: Enclosed please find an executed copy of the above-referenced Agreement. This letter serves as your Notice to Proceed. The work authorized under this agreement shall not exceed $55,000 00 and has a completion date of December 31, 2014 For the City's tracking and record keeping purposes, please reference AG-C-433 and PROJECT No. CP1304 on all correspondence and related material. We must receive the certificate(s) of insurance, within fourteen days evidencing your insurance coverage as required per Section XIII, before we can issue a Notice to Proceed. Please send the certificate(s) to JoAnne Andersen, Contracts Administration Specialist, at the address listed at the top of this letterhead. As the project manager, I am the designated contact for this agreement and all amendments. Questions, assignments and coordination shall be routed through me. You can contact me at 253-804-3118 Sinc rely, % Jacob Sweetiing, P E. Sr. Prroject Engineer Public Works Department JS/ja/mh Enclosure cc: CDani_Dakam, City_C.lerkl AG-C-433 Proj. No CP1304 (File 2.20) At JBURN * MORE THAN YOU IMAGINED Local Agency Consultant/Address/Telephone Standard Consultant Agreement KPG, Inc. 2502 Jefferson Ave ® Architectural/Engineering Agreement Tacoma, WA 98402 (253) 344-5267 ❑ Personal Service Agreement Attn. Richard Hutchinson Agreement Number Project Title And Work Description AG-C-433 Federal Aid Number CP1304—37"and B Street NW Pre-Signal This project will construct a pre-signal at the intersection of 37'" To Be Determined and B Street NW, adjacent to the BNSF railroad tracks. Agreement Type (Choose one) ❑ Lump Sum Lump Sum Amount$ ® Cost Plus Fixed Fee Overhead Progress Payment Rate 145.78 % Overhead Cost Method DEB Participation ❑ Actual Cost ❑ Yes ® No % ❑ Actual Cost Not To Exceed % Federal ID Number or Social Security Number ® Fixed Overhead Rate 145.78 % 91-1477622 Fixed Fee $ $2,649.75 Do you require a 1099 for IRS? Completion Date ❑ Yes ® No 12/31/2014 ❑ Specific Rates Of Pay Total Amount Authorized $ 46.300.00 ❑ Negotiated Hourly Rate ❑ Provisional Hourly Rate Management Reserve Fund $ 8,700.00 ❑ Cost Per Unit of Work Maximum Amount Payable $ 55.000.00 Index of Exhibits (Check all that apply): ® Exhibit A-I Scope of Work ❑ Exhibit G-2 Fee-Sub Specific Rates ❑ Exhibit A-2 Task Order Agreement ❑ Exhibit G-3 Sub Overhead Cost ❑ Exhibit B-I DBE Utilization Certification ® Exhibit H Title VI Assurances ® Exhibit C Electronic Exchange of Data ® Exhibit I Payment Upon Termination of Agreement ❑ Exhibit D-I Payment—Lump Sum ® Exhibit J Alleged Consultant Design Error Procedures ® Exhibit D-2 Payment—Cost Plus a Fixed Fee ® Exhibit K Consultant Claim Procedures ❑ Exhibit D-3 Payment—Hourly Rate ® Exhibit L Liability Insurance Increase ❑ Exhibit D-4 Payment—Provisional ® Exhibit M-1 a Consultant Certification ® Exhibit E-I Fee—Lump/Fixed/Unit ® Exhibit M-Ib Agency Official Certification ❑ Exhibit E-2 Fee—Specific Rates ® Exhibit M-2 Certification—Primary ® Exhibit F Overhead Cost ® Exhibit M-3 Lobbying Certification ® Exhibit G Subcontracted Work ® Exhibit M-4 Pricing Data Certification ❑ Exhibit G-I Subconsultant Fee ❑ App. 31.910 Supplemental Signature Page THIS AGREEMENT,made and entered into this day of Between the Local Agency of City of Auburn Washington,hereinafter called the"AGENCY", and the above organization hereinafter called the"CONSULTANT' AG-C-433 Page 1 of 8 CP1304 Local Agency Standard Consultant Agreement 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 111 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" AG-C-433 Page 2 of 8 CP1304 Local Agency Standard Consultant Agreement 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 propem,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 IV Time for Beginning and Completion The CONSULTANT shall not begin any work under the terns 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 Par 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. AG-C-433 Page 3 of 8 CP1304 Local Agency Standard Consultant Agreement 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 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 V1 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 V1 of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit"H" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit"H" in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten (10)days written notice to the CONSULTANT In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the CONSULTANT,a final payment shall be made to the CONSULTANT as shown in Exhibit"1" for the type of AGREEMENT used. No payment shall be made for any work completed after ten (10)days following receipt by the CONSULTANT of the Notice to Terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth herein above, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. AG-C-433 Page 4 of 8 CP1304 Local Agency Standard Consultant Agreement 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 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 its employee's default or negligence,the termination shall be deemed to be a termination for the convenience of the AGENCY In such an event,the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervisory personnel assigned to the PROJECT, or dissolution of the partnership, termination of the corporation, or disaffiliation of the principally involved employee, the surviving members of the CONSULTANT hereby agree to complete the work under the terms of this AGREEMENT, if requested to do so by the AGENCY This subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY if the AGENCY so chooses. In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the CONSULTANT, with the AGENCY'S concurrence, desire to terminate this AGREEMENT, payment shall be made as set forth in the second paragraph of this section. Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT;or for failure of the CONSULTANT to perform work required of it by the AGENCY Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT X Changes of Work The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY This work shall be considered as Extra Work and will be paid for as herein provided under Section XI V 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 novojudicial 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- X11 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. AG-C-433 Page 5 of 8 CP1304 Local Agency Standard Consultant Agreement 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 4221 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 an}' immunity under the state industrial insurance law. Title 51 RCW Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the PROJECT Subject to the processing of a new sole source, or an acceptable supplemental agreement, the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for- proper construction techniques,job site safety,or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT,or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability,and property damage insurance in an aggregate amount not less than two million dollars($2,000.000) for bodily injury, including death and property damage. The per occurrence amount shall not exceed one million dollars($1,000.000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar($1,000.000) combined single limit. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the CONSULTANT, the AGENCY will be named on all policies as an additional insured. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen(14)days of the execution of this AGREEMENT to the AGENCY. No cancellation of the foregoing policies shall be effective without thirty(30)days prior notice to the AGENCY The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this AGREEMENT or one million ($1,000,000)dollars, whichever is the greater, unless modified by Exhibit­L" In no case shall the CONSULTANT'S professional liability to third parties be limited in any way. AG-C433 Page 6 of 8 GP1304 Local Agency Standard Consultant Agreement 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. AG-C-433 Page 7 of 8 CP1304 Local Agency Standard Consultant Agreement In witness whereof, the parties hereto have executed this AGREEMENT as oft nd year shown in the "Execution Date" box on page one (1) of this AGREEMENT By B Consultant KPG, Inc. Agency City of Auburn Terry Wright. Principal Peter B. Lewis, Mayor. City of Auburn AG-C-433 Page 8 of 8 CP1304 Local Agency Standard Consultant Agreement Exhibit A-1 Scope of Work City of Auburn CP1304 — 37th and B Street NW Pre-Signal Project Agreement AG-C-433 PROJECT DESCRIPTION The purpose of this project is to install a Pre-Signal on 37°i Street NW on the eastbound approach to the intersection with B Street NW. The pre-signal will allow the traffic signal controller to provide a red indication to eastbound vehicles at the stop bar during the railroad preempt clearance interval while providing a green to any vehicles that are queued on the tracks. The pre-signal would be located west of the railroad tracks near the gates. Having the pre-signal installed west of the intersection should prevent vehicles from attempting to cross the tracks during the clearance interval. thus reducing the chances of the gates potentially falling onto the vehicles. Assumptions • The design schedule is assumed to be 10 months with periods of project inactivity between design submittals. • The CITY will provide topographic survey, right-of-way, easement limits and property lines to the CONSULTANT in the form of an electronic existing base map in AutoCAD formal. The CITY will provide relevant ASCII files and supporting documentation associated with the base map. • This project is federally funded. • The CITY will be the main point of contact with BNSF. • The CITY will provide a preliminary conceptual design to the CONSULTANT that demonstrates the general intent of the project. The CONSULTANT is responsible for evaluating, expanding, and modifying this design. • The CONSULTANTS design will include a new pre-signal on 37`h Street NW at the eastbound approach to the 37`h and B Street NW intersection, channelization modifications, access/driveway control as needed, modifications to the existing intersection signal, pre-emption design and supporting documentation in accordance with BNSF requirements, appropriate black-out signage, cable and conduits, restoration of pavement, landscaping, and other impacted features. • The CITY will conduct utility coordination. • The CITY will prepare and obtain environmental documentation. • No CONSULTANT services will be needed for open houses or other public interaction. • Foundations will be WSDOT standard designs. CITY will provide allowable lateral bearing pressure to be used for WSDOT-method foundation design. • The Plans, Specifications. and Estimate (PSRE) will require review and approval from WSDOT Highways and Local Programs (WSDOT) prior to soliciting bids. The CITY will be responsible for all coordination with WSDOT. • The CITY has or will obtain Public Interest Findings (PIF) for any sole-source equipment required by the CITY for the project. AG-C-433 Exhibit A-1 Page 1 of 8 CP1304 Scope of Work • The CITY will provide the CONSULTANT with the pre-final BNSF plans for the third rail. • Subsurface utility conflicts resolution may be required for the signal pole foundation. If required, this work will be provided by the CITY. • The CITY will assemble the final bid documents. DESIGN STANDARDS AND REFERENCES The following design standards and references are to be followed during the development of the project: • City of Auburn Signal Design Standards (different from WSDOT signal standards). • WSDOT Standard Specifications 2012. • City of Auburn Design Standards. • City of Auburn Construction Standards and Standard Details. • WSDOT Local Agency Guidelines (LAG). • City of Auburn Standard Special Provisions (Specifications). • WSDOT Standard Plans as required. • City of Auburn AutoCAD Standards. WORK ELEMENT 1 — PROJECT MANAGEMENT The CONSULTANT will manage the project work elements to control costs, maintain schedule, and provide quality products appropriate to the goals and completion of the project. Work Element 1.1 — Project Kick-Off Meeting Participate in a project kick-off meeting. CONSULTANT will work with the CITY to develop the agenda and facilitate the meeting. The CONSULTANT will prepare and distribute the meeting decisions, directions, and action items. Deliverable(s) • Meeting minutes (decisions, directions, and action items)—e-mail format. Work Element 1.2 —Monthly Progress Reports and Invoices Prepare and submit monthly progress reports and invoices. Assumplion(s) • Progress reports will indicate a bulleted list of work accomplished during the billing period. • Earned value reports will not be set up or submitted for this project. • During periods of limited project activity, monthly progress reports and invoices may be combined to bi-monthly. • Six progress reports/invoices are anticipated. Deliverable(s) • Monthly progress reports. • Monthly invoices. AG-C-433 Exhibit A-1 Page 2 of 8 CP1304 Scope of Work WORK ELEMENT 2— PRELIMINARY (60'%o) Design The CONSULTANT will utilize the existing base map provided by the CITY to prepare preliminary design plans and engineer's estimate for the CITY's review and approval. While developing the preliminary plans, the CONSULTANT will consider placement options for the pre- signal pole including placing the pole within BNSF property (as shown on the conceptual design provided by the CITY), placing the pole within existing CITY right-of-way, or placing the pole in an area that is currently privately owned. The preliminary design will address channelization and signage options, railroad pre- emption and railroad signal related issues, and the potential need to modify driveway access. The CONSULTANT will evaluate these issues and discuss the findings in a 2-hour workshop meeting with the CITY The CONSULTANT will prepare the 60% preliminary plans based on the decisions and directions received from the CITY during, and subsequent to, the workshop meeting, Work Element 2 Deliverables • Preliminary Design Workshop Meeting Materials Meeting Agenda and Minutes Illustrations in PDF format for presenting issues and options (assume up to 4 illustrations showing the base map with various design options and considerations). • Preliminary (60%) Design Submittal Preliminary Railroad signal pre-emption calculations and supporting documentation (to be submitted to BNSF by the CITY for review and comment) AutoCAD tiles in accordance with City of Auburn standards. One electronic PDF full plan set. One electronic copy of the Preliminary Engineer's Estimate in Microsoft Excel 2010 format and one copy in PDF format. WORK ELEMENT 3 —PRE-FINAL (90%) DESIGN The CONSULTANT will prepare Pre-Final Construction Plans, Estimate, and Specifications (Pre-Final Submittal) for the CITY's review. The CONSULTANT will address and incorporate the CITY's review comments on the Preliminary Submittal into the Pre-Final Submittal. Work Element 3 Deliverables • Pre-Final (90%) Design Submittal: Final railroad signal pre-emption calculations and supporting documentation (modified to address CITY and BNSF comments from the 60% submittal). AutoCAD files in accordance with Citv of Auburn standards. One electronic PDF full plan set. One electronic copy of the Preliminary Engineer's Estimate in Microsoft Excel 2010 format and one copy in PDF format. Pre-Final Specifications in electronic format with modifications to the boilerplate tracked using "track changes" in Microsoft Word 2010 format. AG-C433 Exhibit A-1 Page 3 of 8 CP1304 Scope of Work WORK ELEMENT 4— FINAL DESIGN The CONSULTANT will make revisions to the Pre-Final Submittal to incorporate review comments from the CITY. Prior to submitting the final deliverables, the CONSULTANT will submit an electronic PDF check-set of the final Specifications and Plans to the CITY for verification that previous CITY comments were adequately addressed and for transmittal to WSDOT Once the CITY's and WSDOT's final review is completed, the Final Plans, Specifications, and Estimate will be revised as necessary The final submittal of the plans by the CONSULTANT will include all complete plans with the CONSULTANT's engineering stamp, date, and signature. The CONSULTANT will prepare a final Engineer's Estimate of probable construction cost, with engineering stamp, date, and signature. The final Specifications will include a Certification page from the CONSULTANT with engineering stamp, date, and signature. The CONSULTANT will not make any further changes to the documents without approval of the CITY Assunip(ion(s) • Changes to the site layout are not anticipated to be required for this submittal. • Comments to the Pre-Final Submittal will be minor in nature and will not alter design decisions made in response the Preliminary Submittal. Deliverable(s) • One electronic PDF check-set of the Plans for CITY review prior to printing full-size Mylar plans. • Check-set of the Final Specifications in electronic format with modifications to the pre-final specifications tracked using "track changes" in Microsoft Word 2010 format. • One full-size set (22 inch by 36 inch 4-mil Mylar) sealed with original signature and date, and one electronic version (AutoCAD 2012) of the final Contract Plans with all external reference files bound and included. • One hard copy and one electronic PDF copy of the final Engineer's Estimate, sealed and signed. • Final Engineer's Estimate in Microsoft Excel 2010 format. • Final Specifications in electronic format with all "track changes" modifications to the boilerplate tracked using "track changes" in Microsoft Word 2010. • Applicable seal(s) and original signature and date on final Certification page for the Contract Specifications assembled by the CITY WORK ELEMENT 5 — ENVIRONMENTAL PERMITTING SUPPORT The CITY will lead the environmental permitting process for this project. The CONSULTANT will provide support to the CITY in the environmental permitting process by providing design information that the CITY will incorporate into permitting documents. WORK ELEMENT 6— BNSF COORDINATION SUPPORT The CITY will lead the coordination with BNSF for this project. The CONSULTANT will provide support to the CITY in the coordination efforts with BNSF by providing design information and attendance at up to two BNSF coordination meetings. AG-C-433 Exhibit A-1 Page 4 of 8 CP1304 Scope of Work 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-I. Scope of Work. As a sunnnarv, these standards may include, but are not limited to, the following: 1. Text Documents—Microsoft Word, Version 2010 IL Spreadsheet Documents—Microsoft Excel, Version 2010 III. Construction Drawings—AutoCAD Version 2012 AG-C-433 Exhibit C Page 1 of 1 CP1304 Electronic Exchange of Engineering and Other Data 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 11, "Scope of Work." The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost, overhead, direct non-salary costs, and fixed fee. I. Direct Salary Costs: The Direct Salary Cost is the direct salary paid to principals, professional,technical, and clerical personnel for the time they are productively engaged in work necessary to fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the direct salary costs billed to the AGENCY 2. Overhead Costs: Overhead Costs are those costs other than direct costs, which are included as such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall be made at the rate shown in the heading of this AGREEMENT under"Overhead Progress Payment Rate."Total overhead payment shall be based on the method shown in the heading of the AGREEMENT. The two options are explained as follows: a. Fixed Rate: If this method is indicated in the heading of the AGREEMENT the AGENCY agrees to reimburse the CONSULTANT for overhead at the percentage rate shown. This rate shall not change during the life of the AGREEMENT b. Actual Cost: If this method is indicated in the heading of the AGREEMENT the AGENCY agrees to reimburse the CONSULTANT the actual overhead costs verified by audit, up to the Maximum Total Amount Payable, authorized under this AGREEMENT, when accumulated with all other Actual Costs. A summary of the CONSULTANTS cost estimate and the overhead computation is shown in Exhibit"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. AG-C-433 Exhibit D-2 Page 1 of 3 CP1304 Payment(Cost Plus a Fixed Fee) Failure to supply this information by either the prime CONSULTANT or any of their sub- consultants shall cause the AGENCY to withhold payment of the billed overhead costs until such time as the required information is received and an overhead rate for billing purposes is approved. The AGENCY, STATE and/or the Federal Government may perform an audit of the CONSULTANT'S books and records at any time during regular business hours to determine the actual overhead rate, if they so desire. 3 Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges and sub- consultant costs. a. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the AGENCY'S "Travel Rules and Procedures. However, air, train, and rental car costs shall be reimbursed in accordance with 48 CFR Part 31.205-46 "Travel Cost b. The billing for Direct Non-Salary Costs shall include an itemized listing of the charges directly identifiable wh the PROJECT C. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. d. All above charges must be necessary for the services provided under this AGREEMENT 4 Fixed Fee: The Fixed Fee, which represents the CONSULTANT'S profit, is shown in the heading of this AGREEMENT under Fixed Fee. This amount does not include any additional Fixed Fee, which could be authorized from the Management Reserve Fund. This fee is based on the Scope of Work defined in this AGREEMENT and the estimated personhours required to perform the stated Scope of Work. In the event the CONSULTANT enters into a supplemental AGREEMENT for additional work, the supplemental AGREEMENT may include provisions for the added costs and an appropriate additional fee. The Fixed Fee will be prorated and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not previously paid in the progress payments will be covered in the final payment, subject to the provisions of Section IX entitled "Termination of Agreement.'" 5 Management Reserve Fund: The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT Such authorization(s) shall be in writing and shall not exceed AG-C-433 Exhibit D-2 Page 2 of 3 CP1304 Payment(Cost Plus a Fixed Fee) 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 Pavable: The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the Management Reserve Fund. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIV, "Extra Work."No minimum amount payable is guaranteed under this AGREEMENT. B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of Actual Costs plus the calculated overhead and fee on a monthly basis during the progress of the work. Such billings shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under Section III, "General Requirements" of this AGREEMENT. The billings will be supported by an itemized listing for each item including Direct Salary, Direct Non-Salary, and allowable Overhead Costs to which will be added the prorated Fixed Fee. To provide a means of verifying the billed salary costs for CONSULTANT employees,the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the PROJECT at the time of the interview C Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other related documents which are required to be furnished wider 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 (30)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-433 Exhibit D-2 Page 3 of 3 CP1304 Payment(Cost Plus a Fixed Fee) Exhibit E-1 Consultant Fee Determination - Summary Sheet Project: 37th and B Street NW Pre-Signal tabor Hour E9bmate I Total Fee 'Senor 'Protect 'Protect 'Oesgnar 'CAD -SMVey 'Office Task Description ErgrlUrW I Manager EngrlUrbn ErgrlUrbn Techmaanl Crew Admin $ 193631$ 14343 $ 12387 S 84]51$ 7041 S 12367 5 5998 Pea Tesk1-Mean emenVCOOrtllnetl0n/Atlminbtretlon 11 ProJBd kpk-Ott MeeOrg 2 8 0 0 0 0 6 $ 18945] 1 2 Prepare monthly progress reports 0 12 0 0 0 0 6 i$ 2,081 02 Reimbursable expenses $ 2543 89 ota 9 I 2 20 0 0 0 0 12 $ 4.001.02 Task 2-PREUMINARY 60% DESIGN 2,1 Preparo br am Paticipato In Design Workshop 1 10 0 1 12 1 22 0 1 4 1$ 443391 22 Prepare 60%plars aM estmata lnolWiM rallroa0 calculabora 2 26 10 1 20 1 38 0 i 0 1$ 972579 RelmWrsade expenses I$ 5085 Task Totals 2 1 26 to I 20 1 38 1 0 1 0 1$ 14,21055 Task 3-PRE-FINAL(9V.Q DESIGN 31 Prepare 90%plarx. 1 5 I 6 10 24 1 28 1 0 0 1$ 6,395.30 32 Prepare Cost EsNnams M 90%PIanS 1.5 6 6 0 0 0 1$ 2402 T6 33 Prepare90%SpeclficatonsimiWlrghnalra4roadcalcs 15 12 26 18 0 0 1 2 I$ 6,87775 Rembursable expenses I I 1 1$ 5085 .tor 4.5 1 20 42 1 4a 2a 0 2 IS 15,]2666 Task 4-FINAL DESIGN 4 1 Prepare Rnal plans o 5 2 4 1 8 8 0 0 $ 2.120 47 42 Prepare Gost Blimstes kr Rnal Plans 0S 2 2 2 0 0 0 $ 80092 43 Prepare Rnal Speclhcatons 05 2 4 Rs,mWrsaNe expenses $ 5085 as ola I 15 6 10 16 8 0 2 1$ 4.4T98T Task 5-ENVIRONMENTAL PERMITTING SUPPORT 51 Provide desigmnformaton for do=9ntat W, 0 6 5 5 0 0 0 I$ 1,90369 Reimbursahe expenses g es ote 0 I 6 5 5 0 0 0 5 1.90369 Task 6-BNSF COORDINATION SUPPORT fit Support City in coordination efforts with BNSF 5 20 10 to 1 0 1 0 RelmEUrsabie expenses 1 1$ 2543 as ola 5 20 10 1 l0 1 0 1 0 o I S 5.94839 Total Dlrecl Salary Costs S 1],665 W Total Overhead @ 145 78% S 25,752 04 Total Flxed Fee @ 15% $ 2,649 75 Total RBImWl58Ns Expenses $ 20340 Total Estimated Fee: $ 46,270.19 S es ee S d n e s S 5e450 Dnr Sala Gab ] l olloa4n 3250 S 2700 S 4]50 S 2300 O.mo d 14578% S 10824 $ BO 16 S 6925 S 4738 5 3936 S 6925 S 3353 14518% 1x ee 159. S 1114 S 625 S 713 S 498 S 405 S 7)3 S 345 1500'. ota ate Reimbursable Breakdown Cost Task 1-MamgemanVCoordimtlon/Adminlslmllon Mileage rata 0565 miles 45 25425 S 2543 Reproduction $ - Tolel S 2543 Task 2-PREUMINARY(60%)DESIGN Mileage rate 0.565 mites 90 50135 S 5085 Reprodmhon 5 Total S 50.95 Task 3-PREFINAL(90%)DESIGN Mileage rate 0565 miles 90 5085 $ 50.85 Reproduction $ Total $ 5085 Task 4-FINAL DESIGN Mileage rate 0.565 miles 90 5085 S 5085 Reprodmhon $ Total $ 50.85 Task 5-ENVIRONMENTAL PERMITTING SUPPORT Ml leage rate 0565 miles 0 0 $ Reproduction S Total S Task 6-BNSF COORDINATION SUPPORT AG-C-433 Exhibit E-1 Page 1 of 1 CP1304 Consultant Fee Determination Exhibit F Breakdown of Overhead Cost The following documentation represents KPG, Inc.'s Single Firm Wide Indirect Cost Rate for the year ended December 31, 2011, which will be used for this Agreement(Number AG-C-433). KPG, Inc.'s rate was audited by Martha S. Roach, Agreement Compliance Audit Manager, Washington State Department of Transportation. AG-C433 Exhibit F Page 1 of 3 CP1304 Breakdown of Overhead Cost Exhibit F - Breakdown of Overhead Cost KPG,Inc. 2011 Overhead Schedule For FY Ending December 31st,2011 Financial Statement Accepted Description Amount KPG Adj. WSDOT Adj. Ref. Amount % Direct Labor $2,817.914 53,600 Q $2,821,514 100.00% Fringe Benefits: Vacation,Sick,&Holiday $556,434 $556,434 1972% Payroll Taxes 752,650 131,345 Q 383,995 13 61 96 Health Insurance 466,347 466,347 16 53% Workers'Comp.insurance 19,953 19,951 0.71;6 Holiday Bonus 6,100 (6,100) M 0 000% Profit Sharing(401-k) 73,279 73,279 2.60% Total Fringe Benefits $1,374.762 $0 $125'45 $1,500,007 5316% General Overhead: Indirect Labor $1,155,440 ($5,139) ($140,386) A,N $1,009,915 35.79:6 Bid&Proposal Labor 318,208 318,208 11 280/'o Accounting&Legal 31,829 (12,475) 8,400 F,'P 27,754 0.98;10 Automobile 90,792 (29,081) (28,118) B4O 33,593 1.19% Bank Charge 6 6 0 00% Donations 2,350 (2.350) 7 0 000% Conferences 16,493 (2,680) D,3,L 11813 049% Organizations 22,259 (78) E 22,181 079% Publications 5,027 5,027 0.18°16 Employee Services 52,297 (52,297) P (0) 000% Interest 6,365 (6,365) G 0 0.00% Licenses 7,804 7,804 0 28% Meals 42,499 (42,499) H 0 000% IT-Computer 121,894 121,894 4.32% IT-Telephone 101,895 (1,055) 15,738 D,Q 116,577 4.13% IT-Traming 15,986 15,986 057% Office Supplies 52,745 52,745 1.87% Payroll Services 6,653 6,653 0.24% Postage&Delivery 3.274 3,274 0 12% Printing 4,002 4,002 014% Recruiting Costs 311 311 0.01% Rent 547,488 (270,210) (32,006) Ii,R 245,272 8.69% Repairs&Maintenance 60,173 60,173 213% Shareholder Buyout 94,086 (18,650) (75,436) G,S 0 0.00o/lo Survey 46,150 46,150 1.64% Taxes&insurance 405,108 (20,968) C 384,140 13 61% Travel 8,396 (8,396) H (0) 0.00% Utilities 36,211 36,211 1.28% Depreciation 146,622 (88,959) I 57,663 2.04% Total General Overhead $3,402,361 ($508,904) ($304,105) $2,589,352 91.77% Total Overhead Costs $4,777,123 ($508,904) ($178,860) $4,089,359 144.93% Overhead Rate(Less FCC) 169 53 0.'o 151.47% 144.93% Page 1 AG-C-433 Exhibit F Page 3 of 3 CP1304 Breakdown of Overhead Cost KPG,Inc. 2011 Overhead Schedule For FY Ending December 31st,2011 Financial Statement Accepted Description Amount KPG Adj. WSDOT Adj. Ref. Amount % Facilities Cost of Capital $23,756 084% $4,113,115 Overhead Rate(Includes FCC) 145,78% KPG Corp-Reviewer(&Accepted 811012011,MJP "Overhead Rate still subject to WSDOT Audit" References KPG Adjustments: A I Overtime premium unallowable$486 per 48 CFR 22.103-I,22.103-4(g) A2 Severance pay unallowable$4,653 B Mixed use auto allowances? 1/2 of$58,161 per 48 CFR 31105-6(m)(2)and 31.205-46(d) C Key person life insurance unallowable$20,968 per 48 CFR 31.205-19(e)(2)(v). DI Advertising unallowable(1/2 page ad)5225 per CFR 31.205-1 D2 Advertising unallowable(yellow pages)$1,055 per CFR 31.205-1 E Lobbying unallowable$78 per CFR 31.205-22 F Tax preparation fees unallowable$12,475 per 48 CFR 31205-41 (b)(1),31.201-6(a),S-Corp GI Interest unallowable$6,365 per 48 CFR 31.205-20. G2 Interest unallowable$18,650 per 48 CFR 31.205-20. HI Inadequate supporting documentation unallowable(meals)$42,499 H2 Inadequate supporting documentation unallowable(travel)$8,396 I Accelerated depreciation unallowable$88,959 It Donations Unallowable$2,350 J2 Donations Unallowable$560 K Common Control Rent adjustment$270,210 L Entertainment unallowable(golf)$1,895 WSDOT Adjustments: M Bonus is not performance based all employees revived$100 Holiday gift, 48 CPR 31.205-6(f),AASHTO Clip 7 12 N Two Employee's received$50,000 each of unallowable distributions,payment for Gym,$2,609 is unallowable 48 CFR 31.205-13(c),medical payment already in fringe benefits$38,263,WSDOT overhead policy expired with OH's for 2009(see ref At)$486 now allowable. O Personal use of Auto's unallowable removed 63%of all Auto accounts,per mileage log provided by firm,48 CFR 31.205-46(d) P Entertainment,Gifts,Dinners and Gym membership is unallowable 48 CPR 31.205-13(b), 31 205-14, Q Improper calculation,firm missed$15,738 indirect expense and$3,600 of direct labor,taxes in addition to FICA not expensed in the amount of$131,345 R $32,006 of sub-leased rent received,48 CFR 31101-5 S Organization cost of shareholder buyout is unallowable 48 CFR 31.205-6(i)&31 205-27 T WSDOT Overhead policy expired with 2009 Overhead,see Ref F,$8,400 tax Prep fee's allowable,$4,075 of S-Corp Personal tax Prep still unallowable Page 2 AG-C-433 Exhibit F Page 3 of 3 CP1304 Breakdown of Overhead Cost Exhibit G Subcontracted Work The AGENCY does not permit subcontracts for this AGREEMENT AG-C-433 Exhibit G Page 1 of 1 CP1304 Subcontracted Work 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 subconsultant 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 (FFIWA)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 certifv to the AGENCY, STATE or the FH WA 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 FI1 WA 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 AG-C-433 Exhibit H Page 1 of 2 CP1304 Title VI Assurances 6 Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (I)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 FId WA may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub-consultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the STATE and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. AG-C-433 Exhibit H Page 2 of 2 CP1304 Title VI Assurances 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 tune 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 CONSUL'T'ANT for actual units of work completed at the time of termination of this AGREEMENT. AG-C-433 Exhibit I Page 1 of 1 CP1304 Payment Upon Termination of Agreement 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 AG-C-433 Exhibit J Page 1 of 2 CP1304 Alleged Consultant Design Error Procedures Local Programs Engineer, a summary, of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements. No further action is required. • There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. Step 5— Forward Documents to Highways and Local Programs For federally, funded projects all available information, including costs, should be forwarded through the Region Highways and Local Programs Engineer to H&LP for their review and consultation with the FFIWA. H&LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary, H&LP will request assistance from the Attorney General's Office for legal interpretation. H&LP will also identify how the alleged error(s)affects eligibility of project costs for federal reimbursement. • If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. I-1&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. AG-C-433 Exhibit J Page 2 of 2 CP1304 Alleged Consultant Design Error Procedures 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 I —Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency's project manager The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim: • Any correspondence that directed the consultant to perform the additional work, • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2—Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1,the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Highways and Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Highways and Local Programs (if applicable), and FH WA (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-433 Exhibit K Page 1 of 2 CP1304 Consultant Claim Procedures If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures. Step 3 —Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • Agency's summation of hours by classification for each firm that should be included in the claim: • Any correspondence that directed the consultant to perform the additional work; • Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; • Explanation regarding those areas in which the Agency does/does not agree with the consultant's claitn(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 EH WA 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-433 Exhibit K Page 2 of 2 CP1304 Consultant Claim Procedures Exhibit L Liability Insurance Increase The professional liability limit of the CONSULTANT to the AGENCY identified in Section X I I L Legal Relations and Insurance of this Agreement will not be increased for this project. AG-C-033 Exhibit L Page 1 of 1 CP1304 Liability Insurance Increase Exhibit M-1(a) Certification Of Consultant Project No. CP1118 Local Agency City of Auburn_ I hereby certify that I am 'rG/rrt and duly authorized representative of the firm of KPG,Inc. whose address is 2502 Jefferson Ave,Tacoma,WA 98402 and that neither I nor the above firm 1 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, except as hereby expressly stated (if any); 1 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 Signature AG-C433 Exhibit M-1(a) Page 1 of 1 GP1304 Certification of Consultant Exhibit M-1(b) Certification Of Agency Official 1 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): 1 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- ' hway funds, and is subject to applicable State and Federal laws, both criminal and civi . Date _Signature AG-C-433 Exhibit M-1(b) Page 1 of 1 CP1304 Certification of Agency Official 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-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local)transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local)with commission of any of the offenses enumerated in paragraph (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, or local)terminated for cause or default. IL Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Consultant(Firm): KPG.Inc. (Date) (SigriaturWIPrEisident or'Authorized Official Consultant AG-C-433 Exhibit M-2 Page 1 of 1 CP1304 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: I.No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly Consultant(Firm): KPG,Inc. (Date) (Signature) Preeident or Authorized Official Consultant AG-C-433 Exhibit M-3 Page 1 of 1 CP1304 Certification Regarding The Restrictions of The use of Federal Funds for Lobbying Exhibit M-4 Certification of Current Cost or Pricing Data This is to certify that,to the best of my knowledge and belief, the cost or pricing data(as defined in section 15 401 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15 403- 4) submitted, either actually or by specific identification in writing, to the contracting officer or to the contracting officer's representative in support of CP1304—37ih and B Street NW Pre-Signal * are accurate, complete, and current as of Aril 18, 20li ** This certification includes the cost or pricing data supporting any advance agreements and forward pricing rate agreements between the offeror and the Government that are part of the proposal. Firm KPG, Inc. Name are —a Title Date of Execution * Identify the proposal, quotation, request for price adjustment, or other submission involved, giving the appropriate identifying number(e.g., RFP No.). ** Insert the day, month, and 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-433 Exhibit M-4 Page 1 of 1 CP1304 Certificate of Current Cost or Pricing Data CITY OF * D AN11,-fl- - Nancy Backus, Mayor WASHINGTON 25 West Main Street* Auburn WA98001 -4998 * www.auburn.. go, * 253 -931 -3000 January 14, 2015 Aaron Knight KPG, Inc. 2502 Jefferson Avenue Tacoma. WA 98402 RE: Supplemental No. 1 to Agreement for Professional Services, AG -C -433 Project No. CP1304, 37`" Street NW Pre - Signal Dear Mr. Knight: Enclosed please find an executed copy of the above - referenced Supplemental No. 1. This supplement extends the term of the agreement to December 15, 2015, amends the scope of work per attached Exhibit A -1, and includes additional compensation in the amount of $5,000.00 for a total agreement amount of $60,000.00. For the City's tracking and record keeping purposes, please reference AG -C -433 and Project No. CP1304 on all correspondence and related material. 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 - 804 -3118. Sincerely, ae.•e,Z . Jaco Sweeti((n //g, P.E. l Assistant City Engineer Community Development & Public Works Department JS /ad /mt Enclosure cc,. Dani Daskam, City Clerk (copy letter only) AG -C -433 CP1304 (2.20) AUBURN *MORE THAN YOU IMAGINED q - Io The Local Agency of the s City of Auburn desires to supplement the agreement entered into with KPG, Inc and executed on May 15th, 2013 and identified as Agreement No. AG -C -433. All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section I, SCOPE OF WORK, is hereby changed as follows: See attached Exhibit A -1. Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: December 15, 2015. Section V, PAYMENT, shall be amended as follows: See attached Exhibit E -1. The maximum amount payable is increased by $5,000.00 as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the appropriate spaces below and return to this office for final action. By: By: Consultant Signature is -3c -1 — Date ware Organization and Address SuSupplemental Agreement # 1 pp 9 KPG, Inc. 2502 Jefferson Avenue Tacoma, WA 98402 Attn: RFa4eF644ute141qwew Agreement Number Phone AG -C -433 253- 344 -5267 Project Number Federal Aid Number CP1304 Project Title New Maximum Amount Payable 37' Street NW Pre - Signal $60,000.00 Description of Work This project will construct a pre - signal at the Intersection of 371h and B Street NW, adjacent to the BNSF railroad tracks. The Local Agency of the s City of Auburn desires to supplement the agreement entered into with KPG, Inc and executed on May 15th, 2013 and identified as Agreement No. AG -C -433. All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section I, SCOPE OF WORK, is hereby changed as follows: See attached Exhibit A -1. Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: December 15, 2015. Section V, PAYMENT, shall be amended as follows: See attached Exhibit E -1. The maximum amount payable is increased by $5,000.00 as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the appropriate spaces below and return to this office for final action. By: By: Consultant Signature is -3c -1 — Date ware Exhibit A -1 Scope of Work Supplemental Agreement #1 City of Auburn CP1304 — 37t" and 13 Street NW Pre- Signal Project Agreement AG -C -433 PROJECT DESCRIPTION The purpose of this supplemental agreement is to provide support during the bidding and construction phases of the pre- signal installation on 370' Street NW on the eastbound approach to the intersection with B Street NW. Assumptions • The project will be advertised on December 30, 2014 with bid opening on January 29, 2013. Notice to proceed for the contractor will be in late February. The contract includes 25 working days, but a material procurement suspension is anticipated, estimated 6 -8 weeks. • This project is federally funded. The CITY will coordinate all correspondence with bidders and the selected contractor. • The CITY will conduct utility coordination. • No CONSULTANT services will be needed for preconstruction meeting(s), open house or other public interaction. • The CITY will be responsible for all coordination with WSDOT. • The CITY will perform all construction inspection including paperwork, filing, reporting, etc. • The CITY will obtain and maintain the submittal log and the ROM. A copy of the ROM will be provided to the CONSULTANT for reference during material submittal reviews. • The CITY will review plan submittals including Schedule, SPCC and Traffic Control as well as non- electrical material submittals. • The CITY will receive submittals from the Contractor and provide them to the CONSULTANT. WORK ELEMENT 7 — ASSISTANCE DURING BIDDING The CONSULTANT will provide responses to bidders' questions (assume up to 4 questions) and any addenda resulting from the questions (Assume 2 addenda). WORK ELEMENT 8 — CONSTRUCTION ASSISTANCE The CONSULTANT will provide assistance with reviewing construction material submittals, RFIs and performing required modifications /additions to the Contract Plans and Specifications. • The CONSULTANT will review electrical material submittals using the CITY of Auburn standard submittal format (Assume electrical submittals are submitted in one package, assume 2 rounds of submittal review). • The CONSULTANT will respond to RFIs (Assume 2 RFIs). • The CONSULTANT will revise the Contract drawings /specifications as required (Assume 2 minor modifications). AG -C -033 Exhibit A -1 Page 1 of 1 CP1304 Scope of Work Supplemental Agreement #1 HOUR AND FEE ESTIMATE Project: City of Auburn B STREET PRE - SIGNAL IMPROVEMENT PROJECT Supplemental Agreement p1 December 10, 2014 Task Descrlptlpn EXHIBIT E KPG r�..,,m.•w w..ee.a„n • cr.0 uai�.e Crew I Admin 123.87 $ 59.98 Fee Tnnk e . CONNTRRCTION ASSISTANCE 0.1 R0Nsw Consuucllon Submluels 1,917.00 I 8 2,794.60 Total Fixed Foe Q 16% $ 207.55 f 990.90 8R Rospond la RFIs (Assume 2 RFIs) 7 6 1 $ 47.30 1 S 39.36 S 8925 S 33.61 $ 998.85 8.3 Contract Document ModiflutlonalAdd00ns 1 8 4 ].1 ,00% f 1,523.61 Relmbasablo expens es 1 a 04,(0 _ t I 1XJ Of 1 0 a S ask total 1 0 1 22 4 I 0 0 0 I 3,4 Total Direct Salary Costs S 1,917.00 Total Overhead ®145.78% $ 2,794.60 Total Fixed Foe Q 16% $ 207.55 Total Relmhursablo Expenses $ - Total Estimated Fee: S 4,999.15 Hpud mfe m based on Iha rollowln 07"ISal C0619 S 74.25 $ 55.00 S 4],50 $ 32.50 d 27.00 $ 47.b0 $ 29.00 OveflhoadtQ 140.1Wbj S 100.24 I S 00.10 I S 59.25 1 $ 47.30 1 S 39.36 S 8925 S 33.61 145.76% Fixed Fee ® 15 S 11.14 6I5 S ].13 4.66 4.05 ].1 ,00% 1010 Mawr Kawl a fv,6U 1 1 743.4d 1 4 IZJ. 0( 1 a 04,(0 1 3 fur I t I 1XJ Of 1 0 a Supplemental Agreement 0I KPG 8 Street Pro.Slgnal Improvement P10Ject 1211012014 CITY Oe Peter B. Lewis, Mayor WASHINGTON 25 West Main Street * Auburn WA 98001-4998 * www.auburnwa.gov * 253-931-3000 May 30, 2013 Richard Hutchinson KPG, Inc. 2502 Jefferson Avenue Tacoma, WA 98402 RE. Agreement No. AG-C-433 Project No. CP1304, 37th and B Street NW Pre-Signal Notice to Proceed I Dear Mr. Hutchinson: Regarding Agreement No. AG-C-433, this letter serves as your Notice to Proceed. The work authorized under this agreement shall not exceed $55,000.00 and has a completion date of December 31, 2014 For the City's tracking and record keeping purposes, please reference AG-C-433 and PROJECT No CP1304 on all correspondence and related material. 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 253-804-3118. Sincerely, Jaca Sweeting, P.E. Senior Project Engineer Public Works Department JS/ja/mh cc: Dani Daskam, City Clerk AG-C-344 Proj. No. CP1304 (File 2.20) i j AUBURN * MORG THAN YOU IMAGINED