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