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HomeMy WebLinkAboutCP1502/AG-C-474 37th ST SE & A ST SE Traffic Signal Improvements • Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Agreement Number: AG-C-474 Firm/Organization Legal Name (do not use dba's): KPG, Inc. Address Federal Aid Number 2502 Jefferson Ave, Tacoma, WA, 98402 HSIP-1069 (007) UBI Number Federal TIN or SSN Number 601-248-468 91-1477622 Execution Date Completion Date 2-1 ONO 12/31/2016 1099 Form Required Federal Participation ❑ Yes gi No 'Yes ❑ No Project Title 37th Street SE & A Street SE Traffic Signal Description of Work The purpose of the 37th Street SE & A Street SE Traffic Signal project is to improve traffic operations and safety for motorists and pedestrians by installing a new traffic signal at the intersection. Proposed Improvements for the 37th Street SE & A Street SE Traffic Signal project include widening the northeast corner of the A St SE & 37th St SE intersection to accommodate a U-turn for future access management, installing a new complete traffic signal at the intersection, ITS Improvements, curb ramp upgrades to meet ADA requirements, overlaying the intersection and approaches, and replacing channelization. ❑ Yes El No DBE Participation Total Amount Authorized: $149,968.32 ❑ Yes 0 No MBE Participation Management Reserve Fund: $14,996.83 ❑ Yes I l No WBE Participation Maximum Amount Payable: $164,965.15 ❑ Yes IO No SBE Participation Index of Exhibits Exhibit A Scope of Work Exhibit B DBE Participation Exhibit C Preparation and Delivery of Electronic Engineering and Other Data Exhibit D Prime Consultant Cost Computations Exhibit E Sub-consultant Cost Computations Exhibit F Title VI Assurances Exhibit G Certification Documents Exhibit FI Liability Insurance Increase Exhibit I Alleged Consultant Design Error Procedures Exhibit J Consultant Claim Procedures Agreement Number: AG-C-474 Local Agency AM Professional Services Cost Plus Fixed Fee Consultant Agreement Page 1 of 14 Revised 4/10/2015 CA THIS AGREEMENT, made and entered into as shown in the "Execution Date" box on page one (1) of this AGREEMENT, between the City of Auburn hereinafter called the "AGENCY," and the "Firm /Organization Name" referenced on page one (1) of this AGREEMENT, hereinafter called the "CONSULTANT." WHEREAS, the AGENCY desires to accomplish the work referenced in "Description of Work"on page one (1) of this AGREEMENT and hereafter called the "SERVICES;" and does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary SERVICES; and WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish consulting services to the AGENCY. NOW,THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I. General Description of Work The work under this AGREEMENT shall consist of the above-described SERVICES as herein defined, and necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor, and related equipment and, if applicable, sub-consultants and subcontractors necessary to conduct and complete the SERVICES as designated elsewhere in this AGREEMENT. II. General Scope of Work The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit "A" attached hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed utilizing performance based contracting methodologies. Ill. General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress, and presentation meetings with the AGENCY and/or such State, Federal, Community, City,or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days' notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the SERVICES in sufficient detail so that the progress of the SERVICES can easily be evaluated. The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. Agreement Number: AG-C-474 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 2of14 Revised 411012015 Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required, per 49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will be shown on Exhibit "B" attached hereto and by this reference made part of this AGREEMENT. If the Prime CONSULTANT is a DBE certified firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY's "DBE Program Participation Plan" and perform a minimum of 30% of the total amount of this AGREEMENT. It is recommended, but not required, that non-DBE Prime CONSULTANTS perform a minimum of 30% of the total amount of this AGREEMENT. The CONSULTANT, on a monthly basis, is required to submit DBE Participation of the amounts paid to all DBE firms invoiced for this AGREEMENT. All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit"C— Preparation and Delivery of Electronic Engineering and other Data." All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this SERVICE, shall be without liability or legal exposure to the CONSULTANT. Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other party by (i) certified mail, return receipt requested, or(ii)by email or facsimile, to the address set forth below: If to AGENCY: If to CONSULTANT: Name: Luis Barba Name: Aaron Knight Agency:City of Auburn Agency: KPG, Inc. Address:25 West Main Street Address: 2502 Jefferson Ave City: Auburn State: WA Zip: 98001 City: Tacoma State: WA Zip: 98402 Email: Ibarba @auburnwa.gov Email: aaron @kpg.com Phone: 253.931.4013 Phone: 253.627.0702 Facsimile:253.931.3053 Facsimile: 253.627.4144 IV. Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT titled "Completion Date." The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the established completion time. Agreement Number: AG-C-474 Local Agency AM Professional Services Cost Plus Fixed Fee Consultant Agreement Page 3 of 14 Revised 4/10/2015 V. Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES, specified in Section II, "Scope of Work". The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov). The estimate in support of the Cost Plus Fixed Fee amount is attached hereto as Exhibits "D" and"E" and by this reference made part of this AGREEMENT. A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost, indirect cost rate, and direct non-salary costs. 1. Direct (RAW) Labor Costs: The Direct (RAW) Labor Cost is the direct salary paid to principals, professional, technical, and clerical personnel for the time they are productively engaged in work necessary to fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the direct salary costs billed to the AGENCY. 2. Indirect Cost Rate (ICR) Costs: ICR Costs are those costs, other than direct costs, which are included as such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall be made at the ICR rates shown in attached Exhibits "D" and "E" of this AGREEMENT. Total ICR payment shall be based on Actual Costs. The AGENCY agrees to reimburse the CONSULTANT the actual ICR costs verified by audit, up to the Maximum Total Amount Payable, authorized under this AGREEMENT, when accumulated with all other Actual Costs. A summary of the CONSULTANT'S cost estimate and the ICR percentage is shown in Exhibits "D" and "E", attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT (prime and all sub-consultants) will submit to the AGENCY within six (6) months after the end of each firm's fiscal year, an ICR schedule in the format required by the AGENCY (cost category, dollar expenditures, etc.) for the purpose of adjusting the ICR rate for billings received and paid during the fiscal year represented by the ICR schedule. It shall also be used for the computation of progress payments during the following year and for retroactively adjusting the previous year's ICR cost to reflect the actual rate. The ICR schedule will be sent to Email: ConsultantRates @wsdot.wa.gov. Failure to supply this information by either the prime CONSULTANT or any of their sub-consultants shall cause the AGENCY to withhold payment of the billed ICR costs until such time as the required information is received and an overhead rate for billing purposes is approved. The AGENCY's Project Manager and/or the Federal Government may perform an audit of the CONSULTANT'S books and records at any time during regular business hours to determine the actual ICR rate, if they so desire. 3. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges and fees of sub-consultants. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with WSDOT's Accounting Manual M 13-82, Chapter 10—Travel Rules and Procedures, and revisions thereto. Air, train, and rental car costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205-46 "Travel Costs." The billing for Direct Non-Salary Costs shall include an itemized listing of the charges directly identifiable with the PROJECT. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. All above charges must be necessary for the services provided under this AGREEMENT. Agreement Number: AG-C-474 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 4 of 14 Revised 4/10/2015 4. Fixed Fee: The Fixed Fee, which represents the CONSULTANT'S profit, is shown in attached Exhibits "D" and"E" of this AGREEMENT. This fee is based on the Scope of Work defined in this AGREEMENT and the estimated person-hours required to perform the stated Scope of Work. In the event the CONSULTANT enters into a supplemental AGREEMENT for additional work, the supplemental AGREEMENT may include provisions for the added costs and an appropriate additional fee. The Fixed Fee will be prorated and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not previously paid in the progress payments will be covered in the final payment, subject to the provisions of Section IX entitled "Termination of Agreement." 5. Management Reserve Fund(MRF): The AGENCY may desire to establish MRF to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of$100,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the MRF is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the MRF shall be made in accordance with Section XIII, "Changes of Work." 6. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the MRF. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIII, "Changes of Work."No minimum amount payable is guaranteed under this AGREEMENT. B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of Actual Costs plus the ICR and calculated fee on a monthly basis during the progress of the work. Such billings shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under Section III, "General Requirements" of this AGREEMENT. The billings will be supported by an itemized listing for each item including Direct (RAW) Labor, Direct Non-Salary, and allowable ICR Costs to which will be added the prorated Fixed Fee. To provide a means of verifying the billed Direct (RAW) Labor costs for CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, Direct (RAW) Labor rates, and present duties of those employees performing work on the PROJECT at the time of the interview. C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent, if applicable, upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit; all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty(30) calendar days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT has twenty (20) working days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. Agreement Number: AG-C-474 Local Agency AM Professional Services Cost Plus Fixed Fee Consultant Agreement Page 5 of 14 Revised 4/10/2015 D. Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for inspection by representatives of the AGENCY and the United States, for a period of six (6) years after receipt of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this AGREEMENT is initiated before the expiration of the six (6) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be performed by the State Auditor, WSDOT's Internal Audit Office and/or at the request of the AGENCY's Project Manager. VI. Sub-Contracting The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit"A" attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY and sub-consultant, any contract or any other relationship. Compensation for this sub-consultant SERVICES shall be based on the cost factors shown on Exhibit"E" attached hereto and by this reference made part of this AGREEMENT. The SERVICES of the sub-consultant shall not exceed its maximum amount payable identified in each sub- consultant cost estimate unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, indirect cost rate, direct non-salary costs and fixed fee costs for the sub-consultant shall be negotiated and substantiated in accordance with section V "Payment Provisions" herein and shall be memorialized in a final written acknowledgement between the parties. All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require each sub-consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With respect to sub-consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE's Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT, sub-recipient, or sub-consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the recipient deems appropriate. VII. Employment and Organizational Conflict of Interest The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Agreement Number: AG-C-474 Local Agency AM Professional Services Cost Plus Fixed Fee Consultant Agreement Page 6 of 14 Revised 4/10/2015 Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly retired employees, without written consent of the public employer of such person if he/she will be working on this AGREEMENT for the CONSULTANT. VIII. Nondiscrimination During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub-consultants, subcontractors and successors in interest, agrees to comply with the following laws and regulations: • Title VI of the Civil Rights Act of 1964 • Civil Rights Restoration Act of 1987 (42 U.S.C. Chapter 21 Subchapter V § 2000d (Public Law 100-259) through 2000d-4a) • American with Disabilities Act of 1990 • Federal-aid Highway Act of 1973 (42 U.S.C. Chapter 126 § 12101 et. seq.) (23 U.S.C. Chapter 3 § 324) • 23 CFR Part 200 • Rehabilitation Act of 1973 • 49 CFR Part 21 (29 U.S.C. Chapter 16 Subchapter V § 794) 49 CFR Part 26 •• Age Discrimination Act of 1975 RCW 49.60.180 •(42 U.S.C. Chapter 76 § 6101 et. seq.) In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "F" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "F" in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX. Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged and any appropriate fixed fee percentage at the time of termination of this AGREEMENT, plus any direct non-salary costs incurred up to the time of termination of this AGREEMENT. No payment shall be made for any SERVICES completed after ten (10) days following receipt by the CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to Agreement Number: AG-C-474 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 7 of 14 Rnviced 4/10/2015 date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the SERVICES required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth in paragraph two (2) of this section. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT's failure to perform is without the CONSULTANT's or its employee's fault or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs and appropriate fixed fee percentage in accordance with the termination for other than default clauses listed previously. The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any member, partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT's supervisory and/or other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee. The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s) of this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT as set forth in the second and third paragraphs of this section. Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X. Changes of Work The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under section XIII "Extra Work." XI. Disputes Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within 10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit "J". In the event that either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. Agreement Number: AG-C-474 Local Agency A8E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 8 of 14 Revised 4/10/2015 XII. Legal Relations The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall defend, indemnify, and hold The State of Washington (STATE) and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the negligence of, or the breach of any obligation under this AGREEMENT by, the CONSULTANT or the CONSULTANT's agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY, their agents, officers, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the STATE and/or the AGENCY may be legally liable; and provided further that if the claims or suits are caused by or result from the concurrent negligence of(a) the CONSULTANT or the CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally liable, and (b) the STATE and/or AGENCY, their agents, officers, employees, sub-consultants, subcontractors and or vendors, of any tier, or any other persons for whom the STATE and or AGENCY may be legally liable, the defense and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT's negligence or the negligence of the CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any AGREEMENT between CONSULTANT and any sub-consultant, subcontractor and vendor, of any tier. The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any use in connection with the AGREEMENT of methods, processes, designs, information or other items furnished or communicated to STATE and/or the AGENCY, their agents, officers and employees pursuant to the AGREEMENT; provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions resulting from STATE and/or AGENCY's, their agents', officers' and employees' failure to comply with specific written instructions regarding use provided to STATE and/or AGENCY, their agents, officers and employees by the CONSULTANT, its agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. The CONSULTANT's relation to the AGENCY shall be at all times as an independent contractor. Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the CONSULTANT in the procurement of, or performance under, this AGREEMENT. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT's own employees or its agents against the STATE and/or the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. This waiver has been mutually negotiated between the Parties. Agreement Number: AG-C-474 Local Agency AU Professional Services Cost Plus Fixed Fee Consultant Agreement Page 9 of 14 Revised 4/10/2015 Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable supplemental AGREEMENT, the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques,job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with minimum limits of one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) in the aggregate for each policy period. C. Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage for any "Auto" (Symbol 1) used in an amount not less than a one million dollar ($1,000,000.00) combined single limit for each occurrence. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance, the STATE and AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub- consultant and/or subcontractor as an additional insured (the "Als"), with no restrictions or limitations concerning products and completed operations coverage. This coverage shall be primary coverage and non-contributory and any coverage maintained by the AIs shall be excess over, and shall not contribute with, the additional insured coverage required hereunder. The CONSULTANT's and the sub-consultant's and/or subcontractor's insurer shall waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to: Name: Luis Barba Agency:City of Auburn Address:25 West Main Street City: Auburn State:WA Zip: 98001 Email: Ibarba @auburnwa.gov Phone: 253.931.4013 Facsimile: 253.931.3053 No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT's professional liability to the AGENCY, including that which may arise in reference to section IX "Termination of Agreement" of this AGREEMENT, shall be limited to the accumulative amount of the authorized AGREEMENT amount or one million dollars ($1,000,000.00), whichever is greater, unless the limit of liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT's professional liability to third parties be limited in any way. Agreement Number: AG-C-474 Local Agency ASE Professional Services Cost Plus Fixed Fee Consultant Agreement Page 10 of 14 Revised 4/10/2015 The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third party, and no third party beneficiary is intended or created by the execution of this AGREEMENT. The AGENCY will pay no progress payments under section V"Payment Provisions"until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. XIII. Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT in the SERVICES to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the SERVICES under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an equitable adjustment in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify this AGREEMENT accordingly. C. The CONSULTANT must submit any "request for equitable adjustment," hereafter referred to as "CLAIM," under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of this AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the section XI "Disputes" clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XIV. Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XV. Federal Review The Federal Highway Administration shall have the right to participate in the review or examination of the SERVICES in progress. XVI. Certification of the Consultant and the Agency Attached hereto as Exhibit "G-1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "G-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit"G-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "G-4" Certificate of Current Cost or Pricing Data. Exhibit"G-3" is required only in AGREEMENT's over one hundred thousand dollars ($100,000.00) and Exhibit "G-4" is required only in AGREEMENT's over five hundred thousand dollars ($500,000.00.) These Exhibits must be executed by the CONSULTANT, and submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III "General Requirements" prior to its performance of any SERVICES under this AGREEMENT. Agreement Number: AG-C-474 Local Agency ASE Professional Services Cost Plus Fixed Fee Consultant Agreement Page 11 of 14 Revised 4/10/2015 XVII. Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority 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 a supplement to this AGREEMENT. XVIII. Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and AGREEMENT's contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and conditions thereof. XIX. Protection of Confidential Information The CONSULTANT acknowledges that some of the material and information that may come into its possession or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state or federal statutes ("State's Confidential Information"). The "State's Confidential Information" includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles, credit card information, driver's license numbers, medical data, law enforcement records (or any other information identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security data, non-public Specifications, STATE and AGENCY non-publicly available data, proprietary software, State security data, or information which may jeopardize any part of the project that relates to any of these types of information. The CONSULTANT agrees to hold the State's Confidential Information in strictest confidence and not to make use of the State's Confidential Information for any purpose other than the performance of this AGREEMENT, to release it only to authorized employees, sub-consultants or subcontractors requiring such information for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish, transfer, sell, disclose, or otherwise make it known to any other party without the AGENCY's express written consent or as provided by law. The CONSULTANT agrees to release such information or material only to employees, sub-consultants or subcontractors who have signed a nondisclosure AGREEMENT, the terms of which have been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to the State's Confidential Information. Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the AGENCY's option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State's Confidential Information; or(ii) returned all of the State's Confidential Information to the AGENCY; or (iii) take whatever other steps the AGENCY requires of the CONSULTANT to protect the State's Confidential Information. As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following: the State's Confidential Information received in the performance of this AGREEMENT; the purpose(s) for which the State's Confidential Information was received; who received, maintained and used the State's Confidential Information; and the final disposition of the State's Confidential Information. The CONSULTANT's records shall be subject to inspection, review, or audit upon reasonable notice from the AGENCY. The AGENCY reserves the right to monitor, audit, or investigate the use of the State's Confidential Information collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or investigating may include, but is not limited to, salting databases. Agreement Number: AG-C-474 Local Agency ASS Professional Services Cost Plus Fixed Fee Consultant Agreement Page 12 of 14 Revised 4/10/2015 Violation of this section by the CONSULTANT or its sub-consultants or subcontractors may result in termination of this AGREEMENT and demand for return of all State's Confidential Information, monetary damages, or penalties. It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing such proprietary and/or confidential information shall be clearly identified and marked as "Confidential" and shall be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT. The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT; or(b) as soon as such confidential or proprietary material is developed. "Proprietary and/or confidential information" is not meant to include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party; (iii) is independently developed by or for the other party; (iv) is publicly known; or (v) is generally utilized by unaffiliated third parties engaged in the same business or businesses as the CONSULTANT. The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and/ or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a public disclosure request is made to view materials identified as "Proprietary and/or confidential information" or otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that such records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure, the AGENCY will release the requested information on the date specified. The CONSULTANT agrees to notify the sub-consultant of any AGENCY communication regarding disclosure that may include a sub-consultant's proprietary and/or confidential information. The CONSULTANT notification to the sub-consultant will include the date that such records will be released by the AGENCY to the requester and state that unless the sub-consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure the AGENCY will release the requested information. If the CONSULTANT and/or sub-consultant fail to obtain a court order or other judicial relief enjoining the AGENCY by the release date, the CONSULTANT shall waive and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages, liabilities, or costs associated with the AGENCY's said disclosure of sub-consultants' information. XX. Records Maintenance During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6) years from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain and maintain all "documents" pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all "documents" pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT's place of business during normal working hours. If any litigation, claim or audit is commenced, the CONSULTANT shall cooperate with AGENCY and assist in the production of all such documents. "Documents" shall be retained until all litigation, claims or audit findings have been resolved even though such litigation, claim or audit continues past the six (6)year retention period. For purposes of this AGREEMENT, "documents" means every writing or record of every type and description, including electronically stored information ("ESI"), that is in the possession, control, or custody of the CONSULTANT, including, without limitation, any and all correspondences, contracts,AGREEMENT `s, appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten notes, reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records, work sheets, charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings, Agreement Number: AG-C-474 Local Agency ASE Professional Services Cost Plus Fixed Fee Consultant Agreement Page 13 of 14 Revised 4/10/2015 tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or telephone conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original, or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original. For purposes of this AGREEMENT, "ESI" means any and all computer data or electronic recorded media of any kind, including "Native Files", that are stored in any medium from which it can be retrieved and examined, either directly or after translation into a reasonably useable form. ESI may include information and/or documentation stored in various software programs such as: Email, Outlook, Word, Excel,Access, Publisher, PowerPoint,Adobe Acrobat, SQL databases, or any other software or electronic communication programs or databases that the CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones, laptops or any other electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any personal devices used by the CONSULTANT or any sub-consultant at home. "Native files" are a subset of ESI and refer to the electronic format of the application in which such ESI is normally created, viewed, and/or modified. The CONSULTANT shall include this section XX "Records Maintenance" in every subcontract it enters into in relation to this AGREEMENT and bind the sub-consultant to its terms, unless expressly agreed to otherwise in writing by the AGENCY prior to the execution of such subcontract. In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date"box on page one (1) of this AGREEMENT. Signature Date Signature Date v Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office of the Attorney General. Agreement Number: AG-C-474 Local Agency ABE Professional Services Cost Plus Fixed Fee Consultant Agreement Page 14 of 14 Revised 4/10/2015 Exhibit A Scope of Work Project No. HSIP-1069(00) See attached scope of work. Agreement Number: AG-C-474 WSDOT Form 140-089 EF Exhibit A Page 1 of 1 Revised 10/30/2014 EXHIBIT A City of Auburn 37th Street SE & A Street SE Traffic Signal Project No. CP1502 KPG Scope of Work Purpose The purpose of the 37th Street SE & A Street SE Traffic Signal project is to improve traffic operations and safety for motorists and pedestrians by installing a new traffic signal at the intersection. Proposed Improvements Proposed Improvements for the 37th Street SE & A Street SE Traffic Signal project include the following: ♦ Widening the northeast corner of the A St SE & 37th St SE intersection to accommodate a U-turn for future access management. ♦ Installing a new complete traffic signal at the intersection. ♦ ITS Improvements, including wireless communication from the new traffic signal to the existing traffic signal at A St SE & Ellingson Rd/4151 St SE. ♦ Upgrade of curb ramps at the intersection to meet ADA requirements. ♦ Overlaying the intersection and the approaches and replacing channelization. Assumptions The following assumptions were identified to provide direction with design: ♦ The project is Federally Funded for design, right-of-way acquisition, and construction. ♦ AutoCAD drafting and base mapping shall utilize City of Auburn drafting standards. ♦ Specifications will be based on 2016 WSDOT/APWA Standard Specifications and City of Auburn Contract Provisions. ♦ Signal warrant analysis has already been completed by the CITY. ♦ For locations with existing curb and gutter, the overlay will grind the existing pavement and match the existing gutter elevation. No changes will be made to the existing roadway centerline grade. ♦ Direct coordination with franchise and City utilities will be completed by the CITY. ♦ A formal public involvement process/program will not be included in the scope of work. ♦ Preliminary designs completed by the CITY will allow for all improvements to be located outside of the existing fence on the J &J West Brothers, LLC parcel (Budget Auto Wrecking). ♦ The CONSULTANT shall assume no impacts or personal property relocations associated with the parking lot on the J & J West Brothers, LLC parcel. ♦ Right of Way acquisition will be considered "uncomplicated". An appraisal will not be required. ♦ Improvements to sewer utilities will not be required. Water and Stormwater City of Auburn Page 1 of 18 KPG 37th Street SE& A Street SE Traffic Signal 2/2/2016 utilities may be modified and shall be included in this scope of work. ♦ Structural engineering is not included in the scope of work. Traffic signal pole foundations will be per WSDOT standard design. ♦ As-Built drawings are not included in the scope of work, but may be required as additional services. ♦ The Plans, Specifications and Estimate (PS&E) will require review and approval from WSDOT Local Programs prior to soliciting bids. The CITY will be responsible for all coordination with WSDOT. ♦ The CITY will develop Public Interest Finding (PIF) Documentation for any sole-sourced equipment required by the CITY for the project. ♦ The CITY will complete stormwater documentation and provide to the CONSULTANT. ♦ The CITY will complete SEPA documentation. ♦ Signal Modifications at the intersection of Ellingson Rd & A St SE will include installation of a wireless antenna and required signal cabinet equipment to provide communications to the intersection of 37th St SE & A St SE. The basemapping for Ellingson Rd & A St SE will be developed using aerial photograph and visual observations. No field survey will be completed. Information Provided by the City The following information will be provided by the CITY: ♦ The CITY will provide right-of-way, easement limits and property lines to the CONSULTANT as a Record of Survey. AutoCAD format drawings will also be provided. ♦ The CITY will provide title reports and easement documentation for all affected parcels at the intersection. ♦ The CITY will provide high-quality aerial photographs and CAD-compatible utility maps to the CONSULTANT. ♦ The CITY will provide any pertinent as-built record drawings to the CONSULTANT. ♦ The CITY will provide to the CONSULTANT complete WSDOT approved front end legal documents, Division 1 , and Divisions 2-9 General Special Provisions. ♦ The CITY will provide stormwater documentation and recommendations in accordance with City of Auburn Surface Water Management Manual for use in Environmental Permitting documentation. Work Element 1 Project Management This Work Element includes management of the CONSULTANT team. The estimated project duration is 9 months. No design work will proceed without written authorization from the CITY. 1 .1 Provide project management administrative services including: ♦ Project set-up and execute agreement ♦ Execution of subconsultant agreements ♦ Preparation of monthly progress reports and invoices ♦ Record keeping and project closeout City of Auburn Page 2 of 18 KPG 37th Street SE& A Street SE Traffic Signal 2/2/2016 1 .2 Provide project management services including: ♦ Project staff management and coordination ♦ Subconsultant management and coordination ♦ Prepare and update project schedule ♦ Schedule and budget monitoring 1 .3 Coordinate with City staff, including preparation and attendance of up to 13 coordination meetings throughout the duration of the project. ♦ One (1)formal kickoff meeting at project start(assume two (2)consultant staff) ♦ Bi-weekly meetings at the City throughout the project duration (estimate one (1) consultant staff for 12 progress meetings. When applicable, design review meetings will include progress updates and are included within respective work elements in this scope of work). Work Element 1 Deliverables: ♦ Monthly invoices and progress reports (9 months) via postal mail. ♦ Project schedule and updates via e-mail. ♦ Meeting minutes via email. Work Element 2 Utility Marking, Survey and Base Mapping This Work Element includes providing survey and base mapping along A Street SE and 37th Street SE within the project vicinity. Exact survey limits will be marked in the field and verified with the CITY prior to mapping. 2.1 An underground conductible utility locate within the project limits will be performed by a private utility locating firm so that they can be surveyed in Work Element 2.2. A one-call utility locate request will also be requested. While every reasonable effort will be made by the CONSULTANT to depict the location of underground utilities based on utility locates, other utilities may exist. No sub- surface exploration will be done to verify utility routings and all buried utilities should be confirmed with the utility purveyor and exposed in areas critical to design. Service lateral (private side connection) line locations will not be field located or mapped. The CONSULTANT will be responsible to schedule and coordinate utility locates. 2.2 Establish horizontal and vertical control points along the corridor and within the project limits described above. Basis of control will be Washington State Plane North Zone, NAD 83/91 horizontal datum, NAVD 88 vertical datum. Control points will be established and will be made available for the Contractor's use during construction. The CONSULTANT will locate, field survey, and calculate positions for all monuments and control points throughout the project limits. Conventional or GPS surveying methods will be used on this project. Monuments or corners to be located and field surveyed may include side street monuments and property corners Field Survey and Note Reduction. Field mapping will include signs, mailboxes, fences, trees, curbs, sidewalks, utility poles, and other surface features within the mapping area as describe above. Perform note reduction of the field survey data. City of Auburn Page 3 of 18 KPG 37th Street SE& A Street SE Traffic Signal 2/2/2016 Field survey to locate utility paint marks at 50-ft intervals and surface feature (valves, manholes, catch basins, junction boxes, vaults). Irrigation systems will not be included. The CONSULTANT will prepare a utility base map from this information. Mapping work to prepare 1"=20' topographic base map and digital terrain model (DTM) in AutoCAD format of the project within the limits described above. The base map will include features within the mapping area as describe above. One- foot contours will be generated from the DTM. 2.3 Additional Survey: One (1) day of additional survey, with associated base map revisions, have been added to this scope of work. In the event that improvement extents are modified as part of the conceptual design workshop, this effort will be used to collect additional data identified as missing. Work Element 2 Assumptions: ♦ The CONSULTANT will coordinate right-of-entry permits necessary for survey. ♦ The CONSULTANT will not utilize any existing topographic mapping. ♦ Measure-down information for the existing storm drain and sanitary sewer structures will be provided by the CITY to the CONSULTANT. ♦ The CITY will request utility record drawings from franchise utilities. Work Element 2 Deliverables: ♦ Electronic (AutoCAD 2015 and PDF) files of the topographic base map will be provided to the CITY. Work Element 3 Right of Way This Work Element includes performing the following work items necessary to acquire Right of Way from one (1) property owner. An existing roadway easement is anticipated to be utilized for the traffic signal improvements on BNSF property; however an additional permit may be needed. 3.1 Preparation and Administration. - Discuss, strategize and plan overall process with CITY staff. Attend project kickoff meeting with CITY and up to three (3) progress meetings — CITY office. Progress meetings can be facilitated by conference calling if preferred. Provide up to five (5) monthly progress reports indicating the work completed for the invoiced month, anticipated work for the following month, and identify issues requiring the CITY's input and assistance. Provide sample acquisition documents and relocation forms for the CITY's review and approval for use. The CITY's pre-approved forms will be used when provided. When appropriate, prepare parcel files to include fair offer letters, recording and ancillary documents, a standard diary form indicating all contacts with owner(s), and other items necessary for negotiations. City of Auburn Page 4 of 18 KPG 37th Street SE&A Street SE Traffic Signal 2/2/2016 Work Element 3.1 Deliverables: ♦ Attend Project Kickoff Meeting ♦ Attend three (3) Progress Meetings ♦ Provide five (5) Monthly Progress Reports ♦ Coordinate CITY approval of Acquisition & Relocation forms for project use ♦ Prepare parcel acquisition & relocation files for negotiations 3.2 Right of Entry Agreement (ROE). Prepare one (1) ROE agreement to perform survey and geotechnical investigation for the J & J West Brothers, LLC parcel (Tax Parcel No. 302105-9012). The CITY will provide a ROE document template document. Draft ROE agreement and send to the CITY for review and approval. Mail ROE to the parcel owner or owner's representative via certified mail and follow up with phone calls to assure the owner has received the ROE agreement. Conduct all one—on—one contacts regarding negotiations and signing of agreements. Work Element 3.2 Deliverables: ♦ One (1) signed ROE Agreement 3.3 Ownership / Title Review. Conduct ownership research and perform reviews of existing right of way information through limited public online information and available CITY records. Obtain title report for the effected tax parcel (Tax Parcel No. 302105-9012). Review special exceptions described in said title report to determine the CITY's acceptance of title at closing. Work Element 3.3 Deliverables: ♦ One (1) Parcel Title Summary Memo listing ownership, title exceptions, and other encumbrances of public record. 3.4 Project Funding Estimate. — The Project Funding Estimate (PFE) will be completed per WSDOT Local Agency Guidelines — Section 25. Generally, the PFE is a tool to be used for confirming estimated Right-of-Way costs and primarily for consideration of Appraisal Waivers when the estimated just compensation to property owners is $25,000 (as approved by WSDOT for the CITY) or less and when the acquisition is uncomplicated. The PFE provides the estimated Right of Way project costs and expenses broken down by parcel. The estimate summarizes Just Compensation to the Property Owner(s), Appraisal / Appraisal Review Fee(s), Negotiation Fee(s), Title / Escrow Fee(s), Property Management Fee(s), Relocation Fee(s), Relocation Payment(s), Condemnation and Incidental Costs. The PFE also provides reliable and consistent data support when determining the estimated amount of just compensation to property owners. As directed by the CITY, one (1 ) tax parcel may be impacted by the project. As part of the PFE, an individual worksheet will be prepared for the parcel using comparable sales data determined by the project appraiser and information obtained from the project Right of Way Plan and exhibit maps depicting the acquisition areas including a table identifying the before area, the acquisition area, and the after area. The parcel worksheet will be included in a project City of Auburn Page 5 of 18 KPG 37th Street SE& A Street SE Traffic Signal 2/2/2016 summary worksheet as part of the PFE report for review by the CITY. It is the CITY's expectation an Administrative Offer Summary worksheet in lieu of an appraisal will be completed as the basis of an offer to the property owner. The CITY assumes the PFE will result in an estimated amount of $25,000 or less and the acquisition impacts to the remainder property will be uncomplicated. PFE assumes the property(s) are clean of hazardous materials and excludes specialty studies for: hazardous materials research, testing, estimating (ESA Phase 1 , 2, or 3), parking lot modifications, driveway / access layouts, etc. Work Element 3.4 Assumptions: ♦ PFE does not include an appraisal ♦ For offers exceeding $10,000 and less than $25,000, property owners will be informed in writing if the offer is not based on an Appraisal and that one will be prepared if requested. If the property owner elects, an appraisal report together with a corresponding appraisal review report must be completed and a revised offer considered. This requirement may have an impact on the approved right of way budget and project schedule. ♦ A Relocation Plan is not included in the scope of work, but may be required as additional services. Work Element 3.4 Deliverables: ♦ Prepare one (1) Project Funding Estimate consisting of one (1) parcel 3.5 Prepare Draft and Final Right of Way Plans. The CONSULTANT will prepare draft Right of Way plans based on the project limits established with the 15% roll plot. The draft Right of Way plans will be reviewed by the City. The CONSULTANT will address CITY comments and prepare Final Right of Way plans and submit to WSDOT for approval. Final Right of Way Plans will be stamped by the CONSULTANT's Professional Land Surveyor. Work Element 3.5 Assumptions: ♦ No additional sight distance or other easements will be required. ♦ The CITY will provide existing right-of-way, easement limits and property lines to the CONSULTANT as a Record of Survey. AutoCAD format drawings will also be provided. ♦ The CITY will provide title reports and easement documentation for all affected parcels. Work Element 3.5 Deliverables: ♦ One (1) electronic copy of the draft Right of Way plans in PDF format ♦ One (1) electronic copy of the final Right of Way plans in PDF format ♦ Three (3) hard copies of the final Right of Way plans mailed to WSDOT 3.6 Prepare Preliminary Right of Way Figures. The CONSULTANT will prepare figures for informal meeting with the property owners. Assume two (2) figures and two (2) meetings. City of Auburn Page 6 of 18 KPG 37th Street SE& A Street SE Traffic Signal 2/2/2016 Work Element 3.6 Deliverables: ♦ Preliminary ROW figures (assume 2) 3.7 Prepare Legal Descriptions & Exhibit Drawings. The CONSULTANT will prepare legal descriptions and exhibit drawing to be used in acquisition documents for one (1 ) parcel. Work Element 3.7 Deliverables: ♦ Legal description and exhibits for Right of Way acquisition (1 parcel) 3.8 Acquisition Negotiation. Acquire real property rights from one (1) tax parcel. Upon written approval from the CITY approving the estimated amount of just compensation derived in the AOS worksheet, the CONSULTANT will prepare the offer package and transmit to the CITY for WSDOT's Local Coordinator review and acceptance. After acceptance, the CONSULTANT will promptly present the offer to purchase all required real property interests and negotiate in good faith to reach settlement. Offer will be presented in person when at all possible. Negotiations will be conducted in accordance with statutory and regulatory requirements and will include: Presentation of offer in person; Coordination of administrative settlement approval with the CITY; Negotiate as necessary with lien holders, assisting escrow in the closing process; Prepare and maintain the parcel file to include fair offer letter, acquisition documents (deeds, easements, etc.), a standard diary form indicating all contacts with owner(s), and other items necessary for negotiations. An existing easement from Burlington Northern Santa Fe (BNSF) appears to allow roadway uses. No acquisition is required from BNSF. However, the CONSULTANT will conduct a review of the existing easement and confirm if the intended uses are allowed. Negotiations shall not be deemed to have failed until at least three significant meaningful contacts have been made and documented with said property owner and/or their representative through direct personal contacts. Out-of-area owner(s) will be contacted by telephone and by certified mail. If negotiations reach an impasse; the CONSULTANT will provide the CITY with written notification. Work Element 3.8 Assumptions ♦ Negotiations will not exceed the industry standard for a good faith effort to negotiate (three "in-person" landowner contacts). ♦ The filing and cost of condemnation proceedings shall be the responsibility of the CITY. ♦ The CITY will be responsible for payment of any and all compensation to the property owner, recording fees, legal services and any incidental costs which may arise necessary to complete each transaction. Work Element 3.8 Deliverables: ♦ Acquisition Negotiation services with the owner(s) of one (1) separate tax parcel. City of Auburn Page 7 of 18 KPG 37th Street SE& A Street SE Traffic Signal 2/2/2016 ♦ Assistance with property use requirements with BNSF. ♦ Completed parcel files including necessary records of all Right of Way Acquisition services. 3.9 Parcel Closeout — Escrow Closing. Upon securing required acquisition agreements, the CONSULTANT will submit the necessary acquisition documents and closing instructions to the designated Title/Escrow Company. Work with the Title/Escrow Company in order to obtain release documentation from the encumbrance(s) of public record that are not acceptable to the CITY in order to provide clear title to the property being acquired, subject to the CITY's title clearing guidelines. The Escrow Company shall prepare and obtain the owner(s) signature on the necessary closing documents. the CONSULTANT will coordinate signatures on closing documents for submittal to the CITY and payment(s) to the owner(s); coordinate with the Escrow/Title Company in filing documents with King County. Work Element 3.9 Assumptions: ♦ The escrow company will invoice the CITY directly for all escrow services provided. Work Element 3.9 Deliverables: ♦ Deliver completed original Acquisition files to the CITY 3.10 Right-of-Way Certification. Since there are federal funds participating in the project, Right of Way Certification will be coordinated and completed through WSDOT Real Estate Services. The Right of Way Acquisition file will be prepared and completed to the satisfaction of a WSDOT Right of Way Review to support federal aid participation. The CONSULTANT will further coordinate right of way activities with WSDOT's Local Agency Coordinator, Mr. Tom Boyd, as needed throughout the acquisition process. Work Element 4 Conceptual Design Prepare preliminary design plans and cost opinions for the project. 4.1 Compile and review data and records from the City, other agencies, and utilities. Prepare photo log of existing conditions. 4.2 Prepare 15% roll plot to establish project limits and approximate locations of proposed improvements. Back of sidewalk and signal equipment locations established during this submittal will be used to develop the Right of Way plans and establish the project limits for use in the Environmental permitting. 4.3 The CONSULTANT shall attend a conceptual design workshop. Assume two (2) consultant staff for one (1) meeting. Work Element 4 Assumptions: ♦ One (1) alternative will be prepared for the 15% concept workshop plans. ♦ Individual plan sheets will not be developed for the 15% concept workshop plans. City of Auburn Page 8 of 18 KPG 37th Street SE& A Street SE Traffic Signal 2/2/2016 ♦ 15% concept layouts will include survey and right of way basemaps. ♦ CITY staff attending the concept workshop will have authority to determine preferred layouts and provide direction to the CONSULTANT. ♦ Improvements decided on during the concept workshop will be carried forward to 60% design. Work Element 4 Deliverables: ♦ One (1) hard copy and one (1) electronic PDF copy, 34" roll plot of the 15% design ♦ Meeting minutes cataloging discussion and decisions made during the concept workshop, one (1) electronic PDF copy. Work Element 5 Environmental Permitting This Work Element includes preparation of a NEPA Categorical Exclusion Documentation Form with supporting documentation as required by WSDOT. The CONSULTANT will compile and review environmental information from readily available public domain and CITY provided resources to gain a general understanding of environmental considerations along the project corridor. 5.1 NEPA Categorical Exclusion Documentation Form. The CONSULTANT will prepare a NEPA Categorical Exclusion Documentation Form with supporting documentation. The NEPA Categorical Exclusion Documentation Form will also include an effect determination for species listed under the Endangered Species Act (ESA) and Essential Fish Habitat (EFH) evaluation, a determination of project impacts on cultural resources, and a Section 4(f) analysis (see the following scope items). The NEPA Categorical Exclusion Documentation Form will also require a discussion of stormwater treatment and detention. Work Element 5. 1 Assumptions: ♦ The project will receive a NEPA Categorical Exclusion. ♦ Neither a NEPA Environmental Impact Statement nor an Environmental Assessment will be required. ♦ The project will be exempt from Noise analysis. ♦ The project will not impact any 4(0/6(f) properties, agricultural lands or tribal lands. Work Element 5. 1 Deliverables: ♦ Draft NEPA Categorical Exclusion Documentation Form, One (1) electronic PDF copy of the form and required attachments ♦ Final NEPA Categorical Exclusion Documentation Form, One (1) electronic PDF copy of the form and required attachments 5.2 Air Quality Technical Memorandum (Hot Spot Analysis). The CONSULTANT will provide an estimate of future localized CO and PM (10, 2.5) pollutant concentrations and a comparison of those concentrations to the National Ambient air Quality Standards (See 40 CAR 93.101 and 40 CFR 93.116.). City of Auburn Page 9 of 18 KPG 37th Street SE& A Street SE Traffic Signal 2/2/2016 Work Element 5.2 Assumptions: ♦ Uses the air quality dispersion model to analyze the effects of emissions on air quality near the project on a scale smaller than the entire nonattainment or maintenance area (e.g., roadway intersections or transit terminal). Work Element 5.2 Deliverables: ♦ Draft Air Quality Technical Memorandum, One (1) electronic PDF. ♦ Final Air Quality Technical Memorandum will be provided incorporating WSDOT/FHWA comments if required. It is assumed that WSDOT/FHWA comments will not alter the basic conclusion of the documentation or require further alternative studies, One (1) electronic PDF. 5.3 Biological Evaluation (BA) and Essential Fish Habitat Evaluation (EFH). The CONSULTANT will prepare a brief effect determination letter on species listed as threatened under the ESA (assumed to be "no effect" and completed on as part of the NEPA Categorical Exclusion Documentation Form) and an EFH evaluation. The CONSULTANT will obtain updated species lists from the agencies web sites and also request site specific habitat information from the Washington State Department of Fish and Wildlife priority habitats and species database. Evaluation of specific project details such as construction techniques and equipment used, timing of construction, temporary sediment and erosion control measures, and best management practices will be provided. Work Element 5.3 Assumptions: ♦ The project will have no effect on listed species or their designated critical habitat and a detailed Biological Assessment will not be required. Work Element 5.3 Deliverables: ♦ No deliverable; the results of the no effect BA will be documented as part of the NEPA Categorical Exclusion Documentation Form. 5.4 Cultural Resource Investigation. The CONSULTANT will conduct the required National Historic Preservation Act Section 106 Cultural Resources Survey. Work would consist of the following tasks necessary to comply with Section 106: ♦ Establish the Area of Potential Effects (APE) and conduct a background search to identify known cultural resources within the APE and submit to W S DOT. Work Element 5.4 Assumptions: ♦ The project qualifies as exempt under WSDOT's programmatic Agreement ♦ No historic properties are located within the APE. ♦ No human burials or archaeological sites will be encountered. City of Auburn Page 10 of 18 KPG 37th Street SE& A Street SE Traffic Signal 2/2/2016 Work Element 5.4 Deliverables: ♦ No deliverable; the results of the Section 106 investigation will be documented as part of the NEPA Categorical Exclusion Documentation Form. 5.5 "Right-Sized" HazMat Analysis Report/Memorandum. The CONSULTANT will prepare a HazMat Analysis Memorandum to evaluate the presence, or likely presence, of potential hazardous substances within the physical limits of the project that would have an effect on the project. Sites with potential for environmental issues/impacts include those that indicate current or past uses as service stations, battery shops, dry cleaners, chemical storage, or manufacturing facilities; sites with fuel or chemical storage tanks or drums present; or those with strong pungent or noxious odors. The scope of services for this study will include a review of the results of a federal, state, and local environmental database search provided by an outside environmental data service for listings of known or suspected environmental problems at the sites or nearby properties within the search distances specified by WSDOT. A review of historical aerial photographs, fire insurance maps, city directories, chain-of-title reports, and tax assessor records, as available and appropriate, to identify past development history on the parcels relative to the possible use, generation, storage, release, or disposal of hazardous substances will also be completed. An attempt to identify uses of the sites from the present to the time that records show no apparent development of the site, or to 1940, whichever is earlier. Work Element 5.5 Assumptions: ♦ Conduct a visual reconnaissance of the parcels and adjacent properties to identify visible evidence of potential sources of contamination. ♦ A letter report that will summarize the results of this study. The letter report will briefly discuss the project activities and include a table ranking the parcels (low, moderate, high) by their potential for contamination from either on-site or off-site sources. A draft letter report will be provided for review and comment. Upon receiving comments, the letter will be modified as appropriate and made final. Work Element 5.5 Deliverable(s) ♦ Draft Hazmat Memo, one (1) electronic PDF. ♦ Final Hazmat Memo will be provided incorporating WSDOT/FHWA comments if required. It is assumed that WSDOT/FHWA comments will not alter the basic conclusion of the documentation or require further alternative studies, one (1) electronic PDF. 5.6 Environmental Justice Survey. The CONSULTANT will provide the services required to complete an environmental justice (EJ) analysis includes the following main components: ♦ Collecting demographic data for the project area using local data sources and the US Census Data. City of Auburn Page 11 of 18 KPG 37th Street SE& A Street SE Traffic Signal 2/2/2016 ♦ Identifying any environmental justice populations in the area (minority or low-income populations). ♦ Review public outreach activities to ensure potential EJ populations are offered an opportunity to participate in project planning and decision- making. ♦ Identifying any potential disproportionate effects to EJ populations from project activities and identifying how impacts could not be avoided or minimized and what mitigation measures could be implemented. Work Element 5.6 Deliverable(s) ♦ Draft EJ documentation, One (1) electronic PDF ♦ Final EJ documentation incorporating WSDOT/FHWA comments if required. It is assumed that WSDOT/FHWA comments will not alter the basic conclusion of the documentation or require further alternative studies. One (1) electronic PDF Work Element 6 Geotechnical Engineering This Work Element includes geotechnical investigation and recommendations necessary for pavement and foundation design recommendations. 6.1 Field Investigation. Complete a subsurface field investigation that includes the following: ♦ Traffic control during the exploration activities within the public right-of- way. ♦ Exploration of the subsurface conditions at the following locations: o Southwest corner of the intersection outside of the roadway behind the existing curb: one boring to 30 feet BGS to support signal pole foundation design. o Northeast corner of the intersection: one boring to 30 feet BGS to support signal pole foundation design. o "A" Street SE northbound outside lane to determine existing pavement section and support design of new pavement for widening. One boring to 10 feet BGS, including a pavement core. The borings will be drilled with a small track- or trailer-mounted drill rig to minimize the footprint within the right-of-way. Drilling will be completed using hollow-stem auger techniques. The CONSULTANT will collect samples from the borings and log the subsurface conditions encountered. Samples will be collected using the Standard Penetration Test at approximately 2.5-foot intervals for the initial 15 feet and then at 5-foot intervals thereafter. A separate site visit will be necessary in order to mark the boring locations for the utility locate requests. A second visit will be necessary to verify that there are no utility conflicts at the proposed boring locations prior to drilling. City of Auburn Page 12 0118 KPG 37th Street SE& A Street SE Traffic Signal 2/2/2016 Work Element 6. 1 Assumptions ♦ Work hours will be restricted to 9:00 a.m. and 3:00 p.m. and that traffic control services, including two flaggers, will be required when working within the right- of-way and to re-route traffic around the equipment. ♦ The CITY will waive the right-of-way permit fees associated with the project. ♦ A street-use right-of-way application will be required along with a proposed traffic control plan specific to each exploration location. ♦ Each boring can be drilled in approximately three hours, after which the area will be cleared. 6.2 Geotech Laboratory Testing. Complete laboratory analyses on disturbed soil samples obtained from the explorations, including up to four moisture content determinations and two grain-size analyses. Provide analytical testing to characterize samples suspected of being impacted by chemical contaminants. 6.3 Engineering Analysis and Report. Prepare a draft report summarizing the findings, conclusions, and recommendations, including information related to the following: ♦ Subsurface soil and groundwater conditions ♦ Signal pole foundation design based on Washington Department of Transportation Geotechnical Design Manual M 46-03 Chapter 17-1 Foundation Design for Signals, Signs, Noise Barriers, Culverts, and Buildings ♦ Pavement section recommendation similar to the existing pavement section, unless traffic and classification count data is available ♦ Fill material types, placement, and compaction Prepare a final report that incorporates acceptable revisions requested to the draft report. Work Element 6.3 Deliverables ♦ Draft Geotechnical Report, One (1) electronic PDF copy of the report ♦ Final Geotechnical Report, One (1) bound original copy and one (1) electronic (PDF) copy of the report. City of Auburn Page 13 of 18 KPG 37th Street SE& A Street SE Traffic Signal 2/2/2016 Work Element 7 60% Design Prepare 60% design plans and cost opinions for the project. 7.1 The CONSULTANT shall prepare 60% plan sheets for review and approval by the CITY. The 60% submittal will include all comments received from the 15% concept workshop and will include horizontal location of improvements with the following level of detail: ♦ Construction Limits ♦ Curb and radii ♦ Location and types of curb ramps ♦ Location and type of driveway approaches • Location of signal equipment • Channelization and signing ♦ Storm drainage improvements (if applicable) ♦ Utility impacts, required relocations and pothole locations ♦ Impact to private improvements both inside and outside of public right of way In general, vertical location of improvements will not be specified on the Plans unless there are conflicts with existing utilities and/or surface improvements. Vertical information will be provided at locations where proposed improvements are confined by existing grades. The CONSULTANT will provide Senior level QA/QC prior to submitting to the CITY. An illumination design report will be provided with the 60% plans and include a summary of lighting design standards, proposed lighting levels, and all supporting documentation. 7.2 The CONSULTANT shall prepare 60% quantities and opinion of probable cost for review and comment by the CITY. 7.3 The CONSULTANT will prepare specifications Sections 2-9 including CITY general special provisions and project special provisions for the 60% submittal. 7.4 The CONSULTANT shall attend a 60% design review meeting. Assume two (2) consultant staff for one (1) meeting. Work Element 7 Assumptions: ♦ Individual plan sheets will be developed for the 60% Plans, however some details such as roadway and drainage profiles will not be shown unless critical. Work Element 7 Deliverables: ♦ One (1) 1/2-size unbound, five (5) 1/2-size bound and one (1) electronic (PDF) of the of the 60% plans • One (1) hard copy, and one (1) electronic version (PDF) of the 60% Special Provisions. ♦ One (1) hard copy, and two (2) electronic versions (PDF and Excel) of the opinion of probable cost. City of Auburn Page 14 of 18 KPG 37th Street SE& A Street SE Traffic Signal 2/2/2016 ♦ Meeting notes from 60% submittal design review meeting, one (1) electronic PDF copy. Work Element 8 Stakeholder & Utility Coordination Efforts under this task includes the anticipated work necessary to coordinate with stakeholders (i.e. BNSF Railroad) and franchise utilities to coordinate adjustment and/or relocation of existing franchise utilities. 8.1 The CONSULTANT will attend a coordination meeting with BNSF railroad and/or other stakeholders to discuss proposed improvements. Assume two (2) Consultant staff for two (2) meetings. 8.2 If needed, the CONSULTANT will prepare a draft and final utility potholing plan following the 60% design review by the CITY. The potholing plan will be provided to the franchise utilities so they may provide potholing of their facilities. After seeking approval from the CITY, the CONSULTANT will hire a private utility pothole company to pothole CITY owned facilities. Cost for the potholing are included as a reimbursable (assume 4 potholes). Work Element 8 Assumptions: ♦ The CITY will provide all direct coordination with the Utilities. ♦ All utility relocation plans will be designed and constructed by the respective franchise utility. ♦ Utility undergrounding is not included in this scope of work. Work Element 8 Deliverables: ♦ Electronic PDF and/or AutoCAD drawings of preliminary design provided to franchise utilities. ♦ (1) electronic copy of the draft utility pothole plan in PDF format ♦ (1) electronic copy of the final utility pothole plan in PDF format Work Element 9 Final Design The CONSULTANT shall provide 90%, 99% Check Set, and Bid Document Plans, Specifications and Estimates for review and approval by the CITY. Plans shall be formatted to provide sufficient detail for convenient field layout of all proposed facilities. City standard details and WSDOT standard plans will be supplemented with project specific details as required. The 90% and 99% Check Set plans and specifications shall be stamped by the CONSULTANT's licensed professional Engineer in the State of Washington. Final Bid Documents will be stamped, signed and dated by the CONSULTANT's licensed professional engineer in the State of Washington. 9.1 The CONSULTANT shall prepare 90% plans for review and comment by the CITY. The 90% submittal will include all comments received from the 60% review. The CONSULTANT will provide Senior level QA/QC and constructability review by the CONSULTANT'S construction management staff prior to submitting to the CITY. The plans are estimated to have the following sheets: City of Auburn Page 15 of 18 KPG 37th Street SE& A Street SE Traffic Signal 2/2/2016 Sheet List Title/index sheet (1 sheet) Legend, Abbreviations, General Notes and Survey Control (1 sheet) Typical Sections (1 sheet) Typical Details (1 sheet) Site Preparation and Erosion Control Plan/Plan (1 sheet) Roadway and Storm Alignment Plan and Profile (2 sheets) Intersection Grading and ADA Ramps Plan (1 sheet) ADA Ramp Details (1 sheet) Illumination and Interconnect Plans (2 sheets) Illumination Details (1 sheet) Signalization Plan, Notes, Wiring Dia. - 37th St SE & A St SE (3 sheets) Signal Pole Specifications Table (1 sheet) Signalization Modifications Plan — Ellingson Rd & A St SE (1 sheet) Channelization and Signing Plan/Plan (2 sheets) Channelization and Signing Details (1 sheet) Existing Conditions and Right of Way Plan (2 sheets) Traffic and Pedestrian Control Plans (3 sheets) TOTAL = 25 sheets Traffic and Pedestrian Control plans will utilize WSDOT Traffic Control (TC) Plans and City standard plans and be for the Contractor's reference only. Traffic Control plans will be stamped, signed and dated by a licensed Professional Engineer in the State of Washington. The CONSULTANT will not develop site specific Traffic and Pedestrian Control plans. The Contractor will still be required to develop site specific traffic control plan for all construction activities. 9.2 The CONSULTANT will calculate quantities and prepare opinions of probable cost in support of the 90% submittal. 9.3 The CONSULTANT will prepare specifications including front end legal documents and appendices for the 90% submittal. 9.4 The CONSULTANT shall attend a 90% design review meeting. Assume two (2) consultant staff for one (1) meeting. 9.5 The CONSULTANT shall prepare 99% Check Set plans, specifications, and opinion of probable cost for review and approval by the CITY. The 99% submittal will include all comments received from the 90% review. 9.6 The CONSULTANT shall prepare Final Bid Document plans and specifications for advertisement by the CITY. The final bid documents will include all comments received from the 99% review and will be a complete set of contract drawings. The CONSULTANT shall prepare an opinion of probable cost with the bid documents. 9.7 The CONSULTANT will prepare Maximum Extend Feasible documentation, if required. City of Auburn Page 16 of 18 KPG 37th Street SE& A Street SE Traffic Signal 2/2/2016 Work Element 9 Assumptions: ♦ The CONSULTANT will assemble the final Contract Documents Package. Work Element 9 Deliverables: ♦ 90% Design Submittal o One (1) 1/2-size unbound, five (5) 1/2-size bound and one (1) electronic (PDF) of the 90% Design plans o Five (5) bound hard copies, and two (2) electronic versions (PDF and Word) of the 90% Specifications. The CONSULTANT will utilize "track changes" for modifications to the CITY's Word template specifications. o One (1) hard copy, and two (2) electronic versions (PDF and Excel) of the opinion of probable cost. o Meeting notes from 90% submittal design review meeting, one (1) electronic PDF copy. ♦ 99% Check Set Design Submittal o One (1) 1/2-size bound and one (1) electronic (PDF) of the 99% Design plans o One (1) bound hard copies, and one (1) electronic version (PDF and Word) of the 99% Specifications. The CONSULTANT will utilize "track changes" for modifications to the CITY's Word template specifications. o One (1) hard copy, and two (2) electronic versions (PDF and Excel) of the opinion of probable cost. ♦ Bid Document Submittal o One (1) 1/2-size unbound, five (5) 1/2-size bound, one (1) full size Polypropylene (with original date and signature) and one (1) electronic (PDF) of the Bid Document plans o Ten (10) bound hard copies, and two (2) electronic versions (PDF and Word) of the Bid Document Specifications. The CONSULTANT will utilize "track changes" for modifications to the CITY's Word template specifications. o One (1) hard copy, and two (2) electronic versions (PDF and Excel) of the opinion of probable cost. o AutoCAD 2015 drawing files of the Final Bid Documents Plans o PIF and MEF Documentation Work Element 10 Assistance During Bidding 10.1 Prepare addenda and respond to bidders questions relayed through the CITY. It is assumed that the CONSULTANT will prepare up to three (3) addenda. City of Auburn Page 17 of 18 KPG 37th Street SE& A Street SE Traffic Signal 2/2/2016 Additional Services The CITY may require additional services of the CONSULTANT. The scope of these services will be determined based on the unanticipated project needs or other considerations at the sole discretion of the CITY. This work may include items identified in the current task authorizations as well other items, which may include, but are not necessarily limited to the following: ♦ Right of Way Services associated with a `complicated" acquisition not listed herein, including True Cost Estimate (TCE), Appraisal Services, and/or Relocation Plan ♦ Structural Engineering ♦ Field sampling of geotechnical borings for potential contaminates. ♦ Contaminated soils site plan, Phase II Environmental Site Assessment Report, and/or contract specific Special Provision language ♦ Franchise Utility Coordination ♦ Public Involvement and/or Public Meetings ♦ WSDOT Coordination for PS&E, PIF and/or MEF approval ♦ Stormwater documentation ♦ SEPA documentation ♦ Temporary Construction Easements ♦ Construction Management Documentation, Survey & Inspection Services ♦ Review of Material Submittals and RFIs ♦ As-Built Drawings ♦ Traffic Signal and/or Corridor Timing These services will be authorized under a future contract supplement if necessary. At the time these services are required, the CONSULTANT shall provide a detailed scope of work and an estimate of costs. The CONSULTANT shall not proceed with the work until the CITY has authorized the work and issued a notice to proceed. City of Auburn Page 18 of 18 KPG 37th Street SE& A Street SE Traffic Signal 2/2/2016 Exhibit B DBE Participation Not applicable. Agreement Number: AG-C-474 WSDOT Form 140-089 EF Exhibit B Page 1 of 1 Revised 10/30/2014 Exhibit C Preparation and Delivery of Electronic Engineering and Other Data In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is to use in preparing electronic files for transmission to the agency. The format and standards to be provided may include, but are not limited to, the following: I. Surveying, Roadway Design & Plans Preparation Section A. Survey Data See attached scope of work. B. Roadway Design Files See attached scope of work. C. Computer Aided Drafting Files See attached scope of work. Agreement Number: AG-C-474 WSDOT Form 140-089 EF Exhibit C Page 1 of 4 Revieed 10/30/2014 D. Specify the Agency's Right to Review Product with the Consultant See attached scope of work. E. Specify the Electronic Deliverables to Be Provided to the Agency See attached scope of work. F. Specify What Agency Furnished Services and Information Is to Be Provided See attached scope of work. Agreement Number: AG-C-474 WSDOT Form 140-089 EF Exhibit C Page 2 of 4 Reviced 10/30/2014 II. Any Other Electronic Files to Be Provided See attached scope of work. III. Methods to Electronically Exchange Data See attached scope of work. WSDOT Form 140-089 EF Exhibit C Page 3 of 4 Revised 10/30/2014 A. Agency Software Suite See attached scope of work. B. Electronic Messaging System See attached scope of work. C. File Transfers Format See attached scope of work. WSDOT Form 140-089 EF Exhibit C Page 4 of 4 Revised 10/30/2014 Exhibit D Prime Consultant Cost Computations See attached Exhibit D. Agreement Number: AG-C-474 WSDOT Form 140-089 EF Exhibit D Page 1 of 1 Revised 10/30/2014 KPG Exhibit D CONSULTANT FEE DETERMINATION SUMMARY OF COST City of Auburn 37th St SE & A St SE Traffic Signal Direct Salary Direct Salary Classification Cost Total Hours Total Cost QA/QC Engineer $70.67 15 $1 ,060.05 Project Manager $36.54 198 $7,234.92 Senior Project Engineer $60.10 111 $6,671 .10 Project Engineer $43.99 92 $4,047.08 Design Engineer $28.85 308 $8,885.80 CAD Technician $38.22 126 $4,815.72 Senior Surveyor $45.67 22 $1 ,004.74 Survey Party Chief $41 .83 28 $1 ,171 .24 Survey Chainman $30.77 18 $553.86 Survey Technician $39.90 52 $2,074.80 Construction Manager $44.95 8 $359.60 Clerical $27.64 60 $1 ,658.40 DSC Subtotal 1 ,038 $39,537.31 Overhead (OH) Cost (Include Salary Additives) OH Rate x DSC of 131 .49% $39,537.31 $51 ,987.61 Fixed Fee (FF) FF Rate 30.00% $39,537.31 $11 ,861 .19 DSC Total $103,386.11 Direct Reimbursables Mileage $287.50 Utility Locator $1 ,280.00 Universal Field Services $12,643.82 Widener & Associates $15,801.20 Geo Design $14,419.69 Utility Pothole $2,000.00 Polypropylene Paper Reproduction $150.00 Reimbursable Total $46,582.21 Total Agreement Amount $149,968.32 Management Reserve (MR), 10% $ 14,996.83 Total Agreement Amount with MR $ 164,965.15 City of Auburn 37th St SE A St SE Traffic Signal KPG Hour and Fee Estimate 2/2/2016 HOUR MID FEE ESTIMATE SalaD Pr0et11 City 01An0um KPO Snnua SE 6 a sI SE Traffic SMnel Ma610 6 .y grge February z.2016 . Law lour Earnat. ' SuNmaulunl Saconsullo. SuKOmulunl role er,',mid.1 pram oarpn I(PG USVanal Field WMrn.A Gw0.rbn PE Pass ROMP... _rglw p1 E0 g [nowt 1 k• y CM 1 0gv (0 Hour. Sarrkes Aired Tot FN Tot.Fn . 3 14. 3 4000 5 157.14.. 5 115.03 $ 7544 3.4.0444 f 110 42 3 109.38 $ 50.46 3 104 33 3 11714 $ 72.211 1 ]T..' periptn Ovaal Miry Caary5G1 $ 7067 $ N6a 6 410 $ 43.50 $ 204. 3 3623 $ 40.67 f 43 i 77 S 3090 3 4405 $ 27.4 ` W°71(EUmanl I�a04ael�.0.9.0anll Cowdrai4n 16 minnta60 rp 4 5vx[n19Mn0n1 3 3.020 _ 5 12 5 TIM 54 I3 CmtianMe0r9a119614.../ 44 4 a 3 46 75 Pgmbu ae awns..sm 6Melan to bNAS - 3 Tasklolalo 0 74 • 0 0 0 0 0 0 0 0 18 9 3 9. 0.17 $ Work M Sway 11115 Marling.5uy 404 9.x 50.pp• all.Loma 2 ] 42994• 3 F •00.6 0 9 • 20 A $ 555661 2 �Fen Sway S0arv5c041 WM 6 24 s 2,153 40 9.r4.5.Ya.Ya4..........la Oaas - ] 1.337 SO 730 Total 0 9 0 0 6 0 • 29 10 2$ 0 0 M $ 9.677 44 3 ]-61g111o1 Way 24461 nL 7EMmanI OrTUan 1445m.u0lm 2. 32 .Sad Eory Agreamml 0nM ]] Charshipttle Palm: 382 26 382 26 uMA.46004R 41 f Mg.d Way Massa 24 p - 5865 • WepareL mvyplMtlWn IO C7.0090 sa-neI 0 cel 0 8 I 1590 06 • Prepare Local Ng50to.l 0En41 Pnanga l:eurelFadl 0 B I 13430 m • Mambos 043234. • sd6am0.hcabal y ]10 pvft . e¢ow-son 6060OVn IOdetails 0 13 ] Ci]O _ ]tlpA Tait TOM 0 5 0 0 0 24 16 0 0 24 0 0. I5 5.002.71 5 15?10OS WwOEMma0l 4.Cal0Pdu.all. ru • s Vls,.Rao Los j • 15%Ww0 DmgnR IoM 4 I0 0 49 1 01002 43 050140 o 65$ • • $ 101312 poma..,OMaw^an.em v.+OO.n to Stags 0 57 ] 0 Task Rai 1 II 12 • 11 4 0 0 0 0 0 5 6.040.13 0 • Work anew 5-E000nmmnul Prawns • NEPACwpkl ENnm m asFO Dmenm 747 20 • :.OA.Tama Mmn.000(Ha 0.1 Mays./ 446$60 Mani 80 • BdgalE5A.bn(044464044405 Fish HMI.EMW.IE FHI 1'936 80 1.996 TO • Caw.Rama 10 WM� 2 4 2 796 77 • OghI-Se.e n.pan9M.na.um 1 939 20. 1.939 20 56 Envrmmmul J00600 Saw En 230 00 230 mbuna0le maw..sc.lad 009lv(Peaals e i s 23030 102305 1n4ToI.1 0 2 0 4 0 0 0 0 0 0 0 2 15 5 237 2 Weal Ynanl 6.400.05444 I E.g.wN4 F5El0wgan 5 41 5 0 41 Lava.Tsang 600 ]62997 03 Ensamw Aruba a Ram 2 3 2.751 $ 3 540000 5 560001 11maa5aaaywaa w vM4+nly Oai 5 0 .. e 0 R 0 0 0 0 0 0 0 0 0 0 2 Mon 69 0 14010 t Wool Simon!7-so.0.agn 604 0.190 PSso 2 6 24 16 112 33 002 $ 10.191 69 Com 7. Iola. 2 IP Swam iM CxvR 3.45023703' 12 a 0403 ]1014 0.pnf 617)0005 13 1 Cn.r1 4 • r0%Cng534050n 001123.94 2 0 5 1.2m 73 W%Sw1OUNn 0 0 4 20 5 75 ]• 00000'. 1064.1.1.69 00 4 4 2.0 3002 v duo Tali 951.1 3 22 N N IM 30 0 0 0 0 0 0 234 0 9.64O99 $ 0111701 PUbun 5lse ns sE ironic spur IM4 HFG 607 atl Fm Famrru Naas 2016 HOUR AND FEE ESTIMATE IC P G rolD Propcc City of Auburn 37th SI SE 6•SI SE Traffic Signal .a„d„yy,o„O.0 February 2.2006 Label Hour ESOmN 1 Subm.ulunl Su%owulunl Suk.n.Wlml 4441„1 orel.w or0901 0„105 w rv.um 660 UNwr„I 61.16 Wkw„a 0.8ONpn PE Mass POW Ph... sm.. • N.9•' et61a Engin.. E,q� 1 10l.n mar a ov 7•491/01.1 e 35.51450 Hours 5.0510. A..ael.ln Total 1on S19W E„ $ 18J9 J N 9 15}10 $ 10005 5. m.N 7 5.4 4 5 NH $ 110 44 510610936 96110 00.69 9 104.35 Ee b. 56 72.23 • "" . W„E Ela mnl e•Swa.Iol.o I unity Coordination $1 100545„yE 1«.v„2l e D 2M163 • m15MEYg Plan Pc.*pr.uwa„1®955..45609.1 . • • S 1«510 111150•41111•510 SWIM. btl>+n b de 0 2 i 203000 Tali Tots! 0 12 6 4 e 3 6 3 0 0 3 3 32 5.667.46 9 095 9030445519.FI„I Olen .0140,9111111515 4 3 90 24 120 4 8 245 3 24 2.070 11111.1.1 0350 Sv:4n .,9 6154455 a5ESC nonn.sp 534.. 4 • 5I I.m 9e.en r4,4Owmlm56 Pow • 92 90%Nair Ou mm9.559025 2 e e 10 1E14 65 ▪ 90%Design SPan.a.. 2 is 5 16 42 4 31252 g• 9044 Dow nen.r,M0001 SCaalyds 0 Estonia 2 .8 is 8 66 6 492 12 • a• eom0.nw¢.seagaew.5 Estimate 2 16 a Ie se 5 51890 97 44E6 p1S5en 2 465 .b.9m.n 1a soak,nK Tow 12 52 07 56 Iw 64 0 0 0 0 6 40 09 10.«]30 s Wool E1111.5•51 10 o.olg 61604$ 401 (Woo OUm.'Add 44595m5Myvnal 5 • 4 } I.604 44 n.mn...elo opens._o.b.Wm.n lw dais s „ o. o e law 0 e 4 0 • 0 0 0 0 0 0 I 44 5 . 1 r01ALHOURS 339 TOTAL ESTIMATED FEE 05 08 ,. m 92 1M 126 22 20 II - 02 6 w ins 0 524246.04.} mamas 87464 0E1¢2.4124OS6 on On r IIow na•• 04595aWy Caws t 7057 0 3654 } 50 10 } 4399 $ 2485 $ 3822 S 45.67 f 44 02 8 30 77 5 3990 f 4495 } Owrn4M @17149%8 9292 b 40 65 5 18OS } 04 0 99 0 26 S 6005 4 W E 6 b 5346 0 0 0 3634 131 49. 6"W E„®M D 20 0 06 t 03 J 24 b 66 f / $ 1370,..5 55 b 22 $ .92 b 42 49 t P% Ica Lain gffi 5 I84 79 $ 9555 I 15215 I 1 4565 5 2544 0 90.94 $ 01942 J 40938 0 0046 5 I0499 E IIJY • RX City of Auburn 515E A Si SE balls Signal 2d• 660 Hair sq Fyn E.bn.b 5.59999 2016 HOUR AND FEE ESTIMATE Exhibit D Project: City of Auburn KPG 37th St SE 8 A St SE Traffic Signal Intordlrdpltnotm Deng. February 2.2016 Reimbursable Breakdown Work Element 1-Project Management/Coordination/Administration _ _ . _ Mileage(est 400 miles x 0.575 cents/mile) - _ $ 230.00 Task 1-Total S 230.00 Work Element 2-Utility Marking,Survey and Base Mapping _- _ Utility Locator(CNI Locates) _ _ -, $ 1,280.00- Mileage(est.100 miles x 0.575 cents/miie) __ $ 9.50 Task 2-Total S 1,337.50 Work Element 3-Right of Way _ Task 3-Total $ Work Element 4-Conceptual Design - -_- Task3-Total S - Work Element 5-Environmental Permitting Tasks-Total S - Work Element 6-Geotechnical Engineering Task 6•Total $ Work Element]-60%Design - Task?-Total $ - Work Element 8-Stakeholder 8 Utility Coordination Utility Pothole(4 @$500/each)_ - _ _ _ _ $ _ 2.000.00 Task 8-Total $ 2,000.00 Work Element 9-Final Design Polypropylene Paper Reproduction(25 sheets a$6 per sheet) $ 150.00 Task 9-Total $ 150.00 Work Element 10-Assistance During Bidding Task 10-Total $ - TOTAL REIMBURSABLES: $ 3,717.501 City of Auburn 37th St SE A St SE Traffic Signal 3 of 4 KPG Hour and Fee Estimate February 2016 Exhibit D FEE SUMMARY K P G Interdisciplinary Design Project: City of Auburn 37th St SE& A St SE Traffic Signal February 2,2016 Description _ Estimated Preliminary Estimated Right of Engineering Fee Way Fee: Work Element 1 -Project Management/Coordination!Administration $9,230.17 $0.00 Work Element 2-Utility Marking,Survey and Base Mapping $9,677.46 $0.00 Work Element 3-Right of Way $5,002.71 $15,218.88 Work Element 4-Conceptual Design $6,066.12 $0.00 Work Element 5-Environmental Permitting $16,596.97 $0.00 Work Element 6-Geotechnical Engineering $14,610.79 $0.00 Work Element 7-60%Design $22,940.99 $0.00 Work Element 8-Stakeholder&Utility Coordination $5.467.46 $0.00 Work Element 9-Final Design $43.462.00 $0.00 Work Element 10-Assistance During Bidding $1.694.77 $0.00 (Subtotal Estimated Fee - - $134,749.44 $15,218.881 Management Reserve(10%) $13,474.94 $1,521.89 Total Estimated Fee,per Phase $148.224.39 $16,740.77 (Total Estimated Fee $164,965.151 City of Auburn 37th St SE A St SE Traffic Signal 4 of 4 KPG Hour and Fee Estimate February 2016 � Washington State Exhibit D Transportation Building �I/ Department of Transportation P.O.Boxl4 300 Avenue S.E. Olympia,WA 98504-7300 Lynn Peterson 360-705-7000 Secretary of Transportation Try:1-800-833-6388 www.wsdot.wa.gov August 6, 2015 KPG, Inc. 753 - 9Ih Avenue N Seattle, WA 98109-4309 Subject: Acceptance FYE 2014 ICR—Risk Assessment Review Dear Mr. Jason Fritiler: Based on Washington State Department of Transportation's (WSDOT) Risk Assessment review of your Indirect Cost Rate (ICR), we have accepted your proposed FYE 2014 ICR of 131.49%. This ICR acceptance is in accordance with 23 CFR 172.7 and must be updated on an annual basis. This rate may be subject to additional review if considered necessary by WSDOT and will be applicable for: ❑ WSDOT Agreements ® Local Agency Contracts in Washington State only Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with the firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7104 or via email consultantrates( wsdot.wa.gov. Bards; I ► I I e K. JONSO ' rorE anger, Consultant Servi•;. Office EKJ:kal Acceptance ICR Risk Assessment Review Exhibit D T_ Washington State Memorandum Department of Transportation May 13, 2014 TO: Stacie Kelsey, Local Programs FROM: Martha Roach, Agreement Compliance Audit Manage SUBJECT: KPG, Inc. Indirect Cost Rate for fiscal year end December 31, 2013. We have completed our desk review of KPG, Inc. Indirect Cost Rate for the above referenced fiscal year. The review was completed at the request of WSDOT Northwest Region Local Programs. We reviewed the documentation supporting the rate for compliance with criteria contained in the Federal Acquisition Regulations (FAR), Subpart 31. Our review included a site visit to the firm. Based on our review we are issuing this memo establishing KPG, Inc. Indirect Cost Rate for fiscal year ending December 31,2013, at 131.49%of direct labor(rate includes • 0.14% Facilities Cost of Capital). KPG,Inc.provided a FHWA Certificate of Final Indirect Costs indicating all costs included in the indirect cost rate schedule are in compliance with Federal Acquisition Regulations (FAR), Subpart 31. Costs billed to agreements will still be subject to audit of actual costs,based on the terms and conditions of the respective agreement. This was not a cognizant review. Any other entity contracting with the firm is responsible for determining the acceptability of the Indirect Cost Rate. If you have any questions,feel free to call me at(360) 705-7006 or via email at roachmaewsdot.wa,ROY. Cc: Steve McKemey File ti • DOT Fan TOMB FS RMUd 549 Exhibit D Certification of Final Indirect Costs Firm Name:iwo,he. II Indirect Cost Rate Proposal: 131.49 T. Date of Proposal Preparation(mm/ddlyyyy):03/11/2014 Fiscal Period Covered(mm/ddlyyyy to mm/ddlyyyy):01/01113 to 12/31/2013 I. the undersigned, certify that I have reviewed the,proposel,to establish final Indirect cost rates for the fiscal period Eta.spec!fled above and to the best of my knowledge and ballet 1.)All costs included in this proposal to establish final indirect cost rates are allowable In accordance with the cost principles of the Federal Acqu/slllen Regulations(FAR)of title 48. Code of Federal Regulations(CFR),part 31. 2.)This proposal does not include any costs which are expressly unallowable under the cost principles of the FAR of 48 CFR 31. � All known material transactions or events that have occurred affecting the firm's ownership, organization and Indirect cost rates have been disclosed. Signature:A/1w V Name of Certifying Official' (Print):Nelson Davis Title: President Date of Certification(mm/dd/yyyy):05/12/2014 The"Certifying Official"must be an Individual executive or financial officer of the firm at a level I I no lower than a Vice President or Chief Financial Officer,or equivalent,who has the authority to represent the financial Information utilized to establish the Indirect cost rate for use under Agency contracts. Ref.FHWA Directive 4470.1A available on line at: JdIp:l/www.fhwa.dot,oovlieasregeldhectiveslordersi44 701a.htm It 0/H Certification;Nov 2010 Exhibit E Sub-consultant Cost Computations There isn't any sub-consultant participation at this time. The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. Refer to section VI "Sub-Contracting" of this AGREEMENT. See attached Exhibit E. Agreement Number: AG-C-474 WSDOT Form 140-089 EF Exhibit E Page 1 of 1 Ravisad 10/30/2014 Exhibit E Universal Field Services Hour and Fee Estimate Project: City of Auburn 37th St SE& A St SE Traffic Signal February 2, 2016 Labor Hour Estimate Quality Project ROW Total Assurance Manager Specialist Clerical Hours Total Fee $ 97.85 $ 77.87 $ 69.02 $ 53.09 Task Description Direct Salary Cost(DSC) $ 55.29 $ 44.00 $ 39.00 $ 30.00 Work Element 3-Right of Way 3.1 Preparation and Administration 1 _ 15 9.5 6.5 32 $ 2,266.61 3.2 Right of Entry Agreement _ 2 8 2 12 $ 814.06 3.3 Ownership/Title Review _ . 4 F 2 6 $ 382.26 3.4 Project Funding Estimate 2 2 _ 1 5 $ 404.52 3.8 Acquisition Negotiation 3 9 37 1 6.5 55.5 $ 3,893.11 3.9 Parcel Closeout- Escrow Closing 2 4 3.5 9.5 $ 617.6a- . 3.10 Right of Way Certification , 2.5 2 I 2.5 7 $ 465.43 Reimbursable expenses-see breakdown for details 1 $ 3,800.20 Task Total 6 32.5 64.5 I 24 127 $ 12,643.82 Hourly rates are based on the followin : Direct Salary Costs $ 55.29 $ 44.00 $ 39.00 $ 30.00 Overhead @ 46.97% $ 25.97 $ 20.67 $ 18.32 $ 14.09 46.97% Fixed Fee @ 30% $ 16.59 $ 13.20 $ 11.70 $ 9.00 30.00% Total Labor Rate $ 97.85 I $ 77.87 1 $ 69.02 1 $ 53.09 City of Auburn 37th St SE A St SE Traffic Signal 1 of 1 Universal Field Services Hour and Fee Estimate February 2016 Exhibit E Washington State Transportation Building Department of Transport ation P.O.Box 4 300 Avenue S.E. Olympia,WA 98504-7300 Lynn Peterson 360-705-7000 Secretary of Transportation TTY: 1-800-833-6388 www.wsdot.wa.gov March 10, 2015 Universal Field Services, Inc. 111 Main Street, Suite 105 Edmonds, WA 98020 Subject: Acceptance FYE October 31, 2014 ICR— Cognizant Review Dear Mr. Mitch Legel: We have accepted your firms FYE October 31, 2014 Indirect Cost Rate (ICR) of 46.97% of direct labor based on the "Cognizant Review" from The Oklahoma Department of Transportation (ODOT). Your ICR acceptance is in accordance with 23 CFR 172.7 and must be updated on an annual basis. This rate will be applicable for: Z WSDOT Agreements Z Local Agency Contracts in Washington State only Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. Any other entity contracting with your firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7104 or via email consultantrates cr,wsdot.wa.gov. Regards; 'SON Manager, Consultant Services Office EKJ:rck Acceptance ICR Cognizant Review Exhibit E Widener & Associates Hour and Fee Estimate Project: City of Auburn 37th St SE & A St SE Traffic Signal February 2, 2016 Labor Hour Estimate Project Senior Project Total Manager Biologist Biologist _ Hours Total Fee $ 153.60 $ 120.00 $ 55.20 Task Description Direct Salary Cost(DSC) $ 64.00 $ 50.00 $ 23.00 Work Element 3- Right of Way 5.1 NEPA Categorical Exclusion Documentation Form 8 i' 10 42 60 $ 4,747.20 5.2 Air Quality Technical Memorandum (Hot Spot Analysis) I 8 r 4 50 62 $ 4,468.80 5.3 Biological Evaluation (BA) and Essential Fish Habitat Evaluation (EFH) 4 6 12 _ 22 $ 1,996.80 5.5 "Right-Sized" HazMat Analysis Report/Memorandum _ 4 24 28 _$ 1,939.20 5.6 Environmental Justice Survey 4 4 j 24 32 $ 2,419.20 Reimbursable expenses - see breakdown for details I I , $ 230.00 Task Total I 28 1 24 I 152 204 $ 15,801.20 Hourly rates are based on the following Direct Salary Costs $ 64.00 $ 50.00 $ 23.00 Overhead @ 110% $ 70.40 $ 55.00 $ 25.30 110.00% Fixed Fee @ 30% $ 19.20 $ 15.00 $ 6.90 30.00% Total Labor Rate $ 153.60 $ 120.00 $ 55.20 City of Auburn 37th St SE A St SE Traffic Signal 1 of 1 Widener Associates Hour and Fee Estimate February 2016 Exhibit E Washington State Transportation.Bu lding 40,71 Department of Transportation 310 Maple Park Avenue S:E. P.O. Box 47300 Olympia,WA 98504-7300 Lynn Peterson 360-705-7000 Secretary of Transportation m: 1-800-833-6388 cwtw.wsdot.wa.gov February 27, 2014 Jeanette Widener, President DGK Inc. 10108 32nd Avenue W,Suite D Everett, WA 98204-1302 Re: DGK•(dba Widener& Associates) Safe Harbor Indirect Cost Rate Dear Ms. Widener: Washington State is one of ten states who have received approval from Federal Highway Headquarters to participate in the Test and Evaluation Program (TE-045) for use of a"safe harbor"indirect costrate on engineering and design related service contracts,,as well as for Local Public Agency projects. We have completed our risk assessment for DGK. Our assessment was conducted based on the documentation provided by the firm.. The reviewed data included, but was not limited to, a description of the company, basis of accounting, accounting system and the basis of indirect costs. Based on our review, your firm is eligible to use the Safe Harbor rate for the City.of Bellingham West Horton Road Project. We are issuing the Safe Harbor Indirect Cost Rate of 110% of direct labor for DGK. The Safe Harbor rate is effective on February 27, 2014. DGK has agreed to improve Internal Controls and timekeeping processes in order to be able to develop an Indirect Cost Rate Schedule in future accordance to Federal cost principles (48 CFR FAR). The WSDOT Internal Audit Office has provided guidance and information related to FARs and the AASHTO Audit Guide. The Safe Harbor Rate will not be subject to audit; Please coordinate with WSDOT Consultant Services (CSO) or your WSDOT Local Programs Manager if you have questions about When to apply the Safe Harbor rate to your agreement. Exhibit E Page 2 DGK February 27, 2014 If you or any representatives of DGK have any questions, please contact Martha Roach,Jeri Sivertson, or Steve McKerney at (360)705-7003. Sincerely, Martha S. Roach Agreement Compliance Audit Manager cc: Steve McKerney, Director of Internal Audit Jeri Sivertson, Assistant Director of Internal Audit Larry Schofield, MS 47323 File • Exhibit E GeoDesign,Inc.FEE SUMMARY Project(City of A iburn 37ih and"A"Street Improvements Job No.IKPG-55-01 1 Date 2)2/2016 Standard Schedule(55)or Direct Salary Cost(DSC) I DSC I Fixed Fee I 30.00% Labor Rater -2SDirecESalary Cost(D5C)- GeoDesign OH Rate,if DSC calculation is used 179.91% Include Laboratory Cost as Labor Hours NO - If Labor Is DSC is the Fixed Fee a FF x (DSC+OH) 7 NO If answered"YES" Enter Labor Division: Allowable Handling Charge Senior Lab Tech 25% Lab Technician I 75% GEODESION LABOR-Summary tram Oeodesign Hours Worksheet PROJECT PHASES OR TASKS S COPE:10 Mhgs to 15 Wet(average)3 with web.5 with near satiation Task 2 Task 5 tests ale,drAg co„geted. Task Gwtecn ErquRm9 Tasks Field Laboratory May+e Subcontractors Total Hours Labor Rate Cost Mvesigarar" Testing and Report tu,oSF ,lion 1. Principal 4.0 0.5 120 16.5 507.02 51.436 z. Serior Associate 20 20 53000 563 3. Associate 54808 4. Senor Rood Manage, 54500 5. Protect Manage,II 53725 6. Pmpd Manager I $32.93 7. Senor Tedncal Spedabst 546.00 a. Tech-rear Spenaist II $39 00 9. Tectr*cat Spalcaosl l $3245 10. Staff III 1,0 10 11 0 $3005 5331 I1. Staff II 16.0 10.0 $26.92 $485 12. Staff $2306 ❑. Sr Tech $28.85 14. CAD 4.0 4.0 $3288 $131 15, Tech)) $19.00 I8. Tech( $1800 17. Senor Project Assistant 10 6 0 7.0 527.26 5191 18, Prot Assistant 1.0 1.0 $25.19 525 19. Support filar 10 1.0 $21.80 522 SUBTOTAL-Labor $060 $74 $1,746 60.5 $2,680 52,610 OVERHEAD(OH)COST Ilncksdng Salary Additives) 1.547 182 3,141 54.621 4,821 FIXED FEE(FE): •Fired Fee a IDSC)or 30%8152679.551 258 22 524 3004 004 SUBTOTAL LABOR $3,685 8225 55,411 $0,304'j Task 1 Task 1 Task 3 Fed opted, Engineering Task 4 Subcontractors Us Rate Extended Aontgation Laboratory Matysn EQUIPMENT Testing and Report VE)SCLE-GeoDesign-1 2 Day 52100 542 VEHICLE Manage 60 Mle 30575 535 SAMPLING-GEO.LIMO alo,Samp5ng Egpmenl 1 Day $10.00 510 6AMRING=TNV-Water Measuemcm B6IPand Day 544.00 INSTRUMENT-GEO-VvVP-GEOKON VMP and DL Each 5700.00 METER-ENV, nmtion Detedw-DAY -- - Day 5116.00 SUBTOTAL EQUIPMENT $87 568.50 I Task1 Task2 Task3 Task4 Fed Gwtect Engnwrng Subcontractors Unit Rats Extended REIMBURSABLES: Investigation Laboratory MaS' RePMlnbn=lbp}IBSWI_-- - _---..- 1 sad, 50.12 $12 00 RepMU.{n-Copy(COLOR)11D-17 ID 51.50 $15.00 SUBTOTAL REIMBURSABLES $27 $27.00 I Task 1 Task 2 Task 3 Task 4 Find Geotech Engineering Subcontractors Unit Rate Extends LABORATORY TESTING: Investigation Laboratory Analysis 'MeisSSe_Orzn - 6 ea 525 5150 Pates SUe'ANNsu ASTM CIM 2 ea $128 5252 PartivIeWw Analysis Combo Sive 1,760 1 1 I ea $210 SUBTOTAL LABORATORY $402 $40200 I Grope nn G�a, ce SUbTotal $2,761-5630 56,430 ' . 54830-1 TaskI Task2 Task3 Task Fed Geotech Engineering Subcontractors SUBTOTAL HC Extends SUBCONTRACTORS(ncede tar Wien applicable) nvn_eaten Laboratory _menu_ _ Leger $3800 53.300 53.800 Trelri COrtrd 51.500 51.500 5 - - - Sty Low 5300 5700 e 5100 $300 5300 Ponade Rntroom Analyisal Laboratory(Petroleum sdeeBog.VOCs sem-VOCE) SUBTOTAL SUBCONSULTANTS nor HC $5,600 I Task t Task 2 Task 3 Fuld Geotech Engineering Task 4 Subcontractors Invealigelun Laboratory Ma1FSn Testing and Report ACTUAL SUBTOTAL BY PHASE Intl HC 52,751 $630 $5,436 55,600 $14,419.69 $2,760 5630 $5.440 $5,600 $14,430 TOTAL-ESTIMATED FEE $14,419.69 geEODESIGNY Exhibit E 171` Washington State Transportation Building Department of Transportation PO.Boxl4 300 Avenue S.E. Olympia,WA 98504-7300 Lynn Peterson 360-705-7000 Secretary of Transportation TTY: 1-800-833-6388 • www.wsdot.wa.gov RECE[i .i-T June 23, 2015 JUN 292015 GeoDesign, Inc. ;til,i 15575 SW Sequoia Parkway, Suite 100 GEODES• N, iNC. Portland, OR 97224 Subject: Acceptance FYE 2014 ICR—Audit Office Review Dear Mr. Randy Homes: Transmitted herewith is the WSDOT Audit Office's memo of "Acceptance" of your firm's FYE 2014 Indirect Cost Rate (ICR) of 179.91%. Your ICR acceptance is in accordance with 23 CFR 172.7 and must be updated on an annual basis. This rate will be applicable for: ® WSDOT Agreements ® Local Agency Contracts in Washington State only Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with your firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7104 or via email consultantrates a,wsdot.wa.eov. Re a , s; 31,.il E K. JONSON rb(2-Manager, Consultant Service- 'iffice EKJ:kal Acceptance ICR Audit Office Review Exhibit E p Washington State TW Department of Transportation Memorandum June 23, 2015 TO: Erik Jonson, WSDOT Contracts Administrator FROM: Schatzie Harvey,Agreement Compliance Audit Manager-794i SUBJECT: GeoDesign, Inc. Indirect Cost Rate for Fiscal Year End December 31, 20I4 We have completed our desk review of the GeoDesign Indirect Cost Rate for the above referenced fiscal year. We reviewed the documentation supporting the rate for compliance with criteria contained in the Federal Acquisition Regulations (FAR), Subpart 31. Based on our review we are issuing this memo establishing the GeoDesign Indirect Cost Rate for fiscal year ending December 31, 2014, at 179.91%of direct labor(rate includes 0.42% Facilities Cost of Capital). GeoDesign provided a FHWA Certificate of Final Indirect Costs indicating all costs included in the indirect cost rate schedule are in compliance with Federal Acquisition Regulations (FAR), Subpart 31. Costs billed to agreements will still be subject to audit of actual costs,based on the terms and conditions of the respective agreement. This was not a cognizant review. Any other entity contracting with the firm is responsible for determining the acceptability of the Indirect Cost Rate. If you have any questions, feel free to call me at(360) 705-7006 or via email at harvevs(2I wsdot.wa.gov. Cc: Steve McKerney File DOT Form 700-000 EF 1 J Exhibit E • Certification of Final Indirect Costs Firm Name:GeoDesign, no Indirect Cost Rate Proposal: 179.91 % Date of Proposal Preparation (mmlddlyyyy):6/23/15 • Fiscal Period Covered(mmlddlyyyy to mmlddiyyyy): 1/1/14 to 12/31/14 I, the undersigned, certify that I have reviewed the proposal to establish final indirect cost rates for the fiscal period as specified above and to the best of my knowledge and belief 1.)All costs included in this proposal to establish final indirect cost rates am allowable in accordance with the cost principles of the Federal Acquisition Regulations(FAR) of title 48, Code of Federal Regulations(CFR), part 31. 2.) This proposal does not include any costs which are expressly unallowable under the cost principles of the FAR of 48 CFR 31. All known material transactions or events that have occurred affecting the firm's ownership, organization and indirect cost rates have been disclosed. Signature: Name of Certifying Official'(Print): Scott v Mins Title: President Date of Certification (mmldd/yyyy): 6/23/15 The°Certifying Official' must be an individual executive or financial officer of the firm at a level no lower than a Vice President or Chief Financial Officer,or equivalent,who has the authority to represent the financial Information utilized to establish the indirect cost rate for use under Agency contracts. Ref. FHWA Directive 4470.1A available on line at: htto://www.fhwa.dot.cioWleosreqs/directives/orclers/44701a.him 0/H Certification;Nov 2010 - i • I J Exhibit F Title VI Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS"), which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non-discrimination: The CONSULTANT, with regard to the work performed during this AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub-consultants, including procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when this AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. 3. Solicitations for Sub-consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub-contract, including procurement of materials or leases of equipment, each potential sub- consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT's obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the AGENCY, the STATE, or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, the STATE, or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non-compliance: In the event of the CONSULTANT's non-compliance with the non- discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE, or the FHWA may determine to be appropriate, including, but not limited to: • Withholding of payments to the CONSULTANT under this AGREEMENT until the CONSULTANT complies, and/or; • Cancellation, termination, or suspension of this AGREEMENT, in whole or in part. 6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through (5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub-consultant or procurement as the STATE, the AGENCY, or FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub-consultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY enter into such litigation to protect the interests of the STATE and/or the AGENCY and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. Agreement Number: AG-C-474 WSDOT Form 140-089 EF Exhibit F Page 1 of 1 Revised 10/20/2014 Exhibit G Certification Documents Exhibit G-1(a) Certification of Consultant Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying Exhibit G-4 Certificate of Current Cost or Pricing Data Agreement Number: AG-C-474 WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 10/30/2014 Exhibit G-1(a) Certification of Consultant I hereby certify that I am the and duly authorized representative of the firm of KPG, Inc. whose address is 2502 Jefferson Ave, Tacoma, WA 98402 and that neither the above firm nor I have: a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure this AGREEMENT; b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any); I acknowledge that this certificate is to be furnished to the 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. KPG, Inc. Consultant(Firm Name) \\� Signature(Authorized Of i of Consultant) Date Agreement Number: AG-C-474 WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 10/30/2014 Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; B. Have not within a three (3) year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State anti-trust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and D. Have not within a three (3) year period preceding this application /proposal had one or more public transactions (Federal, State and local) terminated for cause or default. II. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. KPG, Inc. Consultant(Firm Name) —2.4%\ Signature(Authorized Official of Consultant) Date Agreement Number: AG-C-474 WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 10/30/2014 Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative AGREEMENT, and the extension, continuation, renewal, amendment, or modification of Federal contract, grant, loan or cooperative AGREEMENT. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00, and not more than $100,000.00, for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier sub-contracts, which exceed $100,000, and that all such sub-recipients shall certify and disclose accordingly. KPG, Inc. Consultant(Firm Name) Z \%\\� Signature(Authorized Official of Consultant) Date Agreement Number: AG-C-474 WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 10/30/2014 Exhibit G-4 Certificate of Current Cost or Pricing Data This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section 2.101 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted, either actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer's representative in support of 37th St SE &A St SE Traffic Signal Project * are accurate, complete, and current as of 2/2/2016 • This certification includes the cost or pricing data supporting any advance AGREEMENT's and forward pricing rate AGREEMENT's between the offer or and the Government that are part of the proposal. Firm: KPG, Inc. Signature Title Date of Execution***: 2 .x%1\f *Identify the proposal,quotation,request for pricing adjustment,or other submission involved,giving the appropriate identifying number(e.g.project title.) **Insert the day,month,and year,when price negotiations were concluded and price AGREEMENT was reached. ***Insert the day,month,and year,of signing,which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. Agreement Number: AG-C-474 WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 10/30/2014 Exhibit H Liability Insurance Increase To Be Used Only If Insurance Requirements Are Increased The professional liability limit of the CONSULTANT to the AGENCY identified in Section XIII, Legal Relations and Insurance of this Agreement is amended to $ TLPr The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the amount of$ PIA Such insurance coverage shall be evidenced by one of the following methods: • Certificate of Insurance. • Self-insurance through an irrevocable Letter of Credit from a qualified financial institution. Self-insurance through documentation of a separate fund established exclusively for the payment of professional liability claims, including claim amounts already reserved against the fund, safeguards established for payment from the fund, a copy of the latest annual financial statements, and disclosure of the investment portfolio for those funds. Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed $1 million per occurrence or the value of the contract, whichever is greater, then justification shall be submitted to the Federal Highway Administration (FHWA) for approval to increase the minimum insurance limit. If FHWA approval is obtained, the AGENCY may, at its own cost, reimburse the CONSULTANT for the additional professional liability insurance required. Notes: Cost of added insurance requirements: $ ))(/c • Include all costs, fee increase, premiums. • This cost shall not be billed against an FHWA funded project. • For final contracts, include this exhibit. Agreement Number: AG-C-474 WSDOT Form 140-089 EF Exhibit H Page 1 of 1 Revised 10/30/2014 Exhibit I Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1 Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs, records of labor, materials and equipment. Step 3 Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manager and any personnel (including sub-consultants) deemed appropriate for the alleged design error(s) issue. Step 4 Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultant's alleged design error(s), there are three possible scenarios: • It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. • It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place. The agency is to provide LP, through the Region Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements. No further action is required. • There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. Agreement Number: AG-C-474 WSDOT Form 140-089 EF Exhibit 1 Page 1 of 2 Revised 10/30/2014 Step 5 Forward Documents to Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary, LP will request assistance from the Attorney General's Office for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement. • If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. LP, in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue. • If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or by litigation. Agreement Number: AG-C-474 WSDOT Form 140-089 EF Exhibit I Page 2 of 2 Revised 10/30/2014 Exhibit J Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total of$1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1 Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1, the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs (if applicable), and FHWA(if applicable) agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim. After the request has been approved, the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures. Agreement Number: AG-C-474 WSDOT Form 140-089 EF Exhibit J Page 1 of 2 Reviser!10/30/2014 Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • Agency's summation of hours by classification for each firm that should be included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; • Explanation regarding those areas in which the Agency does/does not agree with the consultant's claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s); and • Recommendations to resolve the claim. Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5 Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim(s) and rationale utilized for the decision. Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. Agreement Number: AG-C-474 WSDOT Form 140-089 EF Exhibit J Page 2 of 2 Revised 10/30/2014 IV. TIME OF C0IVIPLETION. The Contractor shall complete the work within 5 working days from the date of issuance of the City's Notice to Proceed. V. HOURS OF WORK. Normal working hours for the Contract shall be any consecutive 8- hour period between 7:00 a.m. and 6:00 p.m.,Monday through Friday. If the Contractor desires to perform work on holidays, Saturdays, Sundays,or between the hours of 6:00 p.m. and 10:00 p.m. on any day,the Contractor shall apply in writing to the Engineer for permission to work such times. Permission to work longer than an 8-hour period between 7`00 a.m. and 6:00 p.m. is not required. Such requests shall be submitted to the Engineer two (2)worlcing days prior to the day for which the Contractor is requesting permission to work. The City reserves the right to grant or deny any such request at its sole discretion. Perniission to work between the hours of 10:00 p.m. and 7:00 a.m. during weekdays and between the hours of 10:0U p.m,and 9:00 a.m. on weekends or holidays may also be subject to noise coritrol require.ments,as indicated in Auburn City Code Chapter 8.28.010 entitled "Noise Control," If the Contractor desires to work during restricted times,the Contractor shall submit a written request to the Engineer fourteen(14)calendar days prior to the day for which the Contractor is requesting permission to work. The written request will include specif c days and times and description of work to be performed and the reasoris the work cannot be performed during the norinal hours of work: The City reserves the right to grant or deny any such request at its sole discretion. If approval is granted,it may be revoked at any time the City reeeives complaints froin the public or adjoining property owners regarding the noise from the Contractor's operations. The Contractor shall have no claim for damages or delays should such permission be revoked for any reason. VI. COMPENSATION. The Contractor shall do all work and furnish all tools,materials,and eguipment for the work and services contemplated in this Contract for the unit bid price of eleven thousand eight hundred and four dollars($11,804.00),and Washington State Sales Ta�c of one thousand one hundred and twenty-one dollars and thirty-eight cents($1,121.38) for a total of twelve thousand, nine hundred twenty-five dollars and thirty-eight cents. ($12;92538). Our sales talc area is 1702 for King County. No payment shall be issued until a Statement of Intent to Pay Prevailing Wages form,for the Contractor and each and every Subcontractor,has been approved by the State Department of Labor&Industries,and is received by the City. A. Performance Bond.A performance bond is not required for this project. B. Retaina�e. Retainage is not required for this project. C. Defective or Unauthorized Wark. The City reserves its right to withhold payme.nt from the Contraetor for any defective or unauthorized work. Defective or unauthorized work LIMITED PUBLIC WORK CONTRACT NO.17-10 Mazch 3�,2017 Page 2 of 13 includes,without limitation: work and materials that do not conform to the requirements of this Contract; and extra work and materials furnished without the City's written approval. If the Contractor is unable, for any reason,to satisfactorily complete any portion of the work,the City may complete the work by contract or otherwise, and the Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs,including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work,including any additional costs, from any and all amounts due or to become due the Contractor. D. Final Pavment: Waiver of Claims. The making of final payinent(ezcluding withheld � retainage)shall constitute a waiver of claims,except those previously and properly made and identified by the Contractor as unsettled at the time request for final payment is made. VII. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship wil.l be created by this Contract,the City being interested only in the results obtained under this Contract. VIII. SUBCONTRACTING. Work done by the Contractor's own organization shall account for at least 30(thirty)percent of the awarded Contract price. Before computing this percentage however,the Contractor may subtract(from the awarded Contract price)the costs of any subeontracted work on items the Contract designates as specialty items. The Contractor shall not subcontract work unless the City approves in writing. Each request to subcontract shall be on the form the City provides. If the City requests,the Contractor shall provide proof that the subcontractor has the experience,ability,and equipment the work requires. The Contractor shall require each subcontractor to comply with RCW 39.12 (Prevailing Wages on Public Works)and to fumish all certificates and statements required by the Contract, As stated in Section VI,"Compensation,"no payment shall be issued until a Statement of Intent to Pay Prevailing Wages form, for the Contractor and each and every subcontractor,has been approved by the State Department of Labor& Industries,ancl is received by the City. Along with the request to sublet,tlie Contractor shall submit the names of any contracting firms the subcontractor proposes to use as lower tier subcontractors. Collectively, these lower tier subcontractors shall not do work that exceeds 25 percent of the total amount subcontracted to a subcontractor. When a subcontractor is responsible for construction of a specific structure or structures,the following work may be performed by lower tier subcontractors without being subject to the 25 percent limitafion: LIMITED PUBLIC WORK CONTRACT NO. 17-]0 March 3�d,2017 ' Page 3 of 13 A. Furnishing and driving of piling,or B. Furnishing and 'installing concrete reinforcing and post-tensioning steel. Except for the 25 percent limit,lower tier subcontractors shall meet the same requirements as subcontractors. The City will approve the request only if satisfied with the proposed subcontractor's record,equipment,experience and ability. Approval to subcontract shall not: 1. Relieve the Contractor of any responsibility to carry out the Contract. 2. Relieve the Contractor of any obligations or liability under the Contract and the Contractor's bond. 3. Create any contract between the City and the subcontractor,or 4. Convey to the subcontractor any rights against the City.. The City will not consider as subcontracting: (1)purchase of sand,gravel,crushed stone, crushed slag,batched concrete aggregates,ready mix concrete,off-site fabricated structural steel,other off-site fabricated items,arid any other materials supplied by established and recognized commercial plants; or(2)delivery of these materials to the work site in vehicles owned or operated by such plants or by recognized independent or commercial hauling companies. However,the Washington State Degartment of Labor and Industries may determine that RCW 39.12 applies to the employees of such firms identified in A and B above in accordance with WAC 296-127. If dissatisfied with any part of the subcontracted work,the City may request in wrifing that the subsontractor be removed. The Contractor shall comply with this request at once and shall not employ the subcontractor for any further work under the Contract. This section does not create a contractual relationship between the City and any subcontractor. Also,it is not intended to bestow upon any subcontractor,the status of a third-party beneficiary to the Contract between the City and the Contractor. IX. TERIVIINATION. The City may terminate this Contract for good cause. "Good cause" shall include,without limitation,any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient number of properly-skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this Contract. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal,state or local laws,rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. LIMITED PUBLIC WORK CONTRACT NO. ]7-10 March 3�d,2017 Page 4 of 13 After all the work contemplated by the Contract has been completed either by the Surety or the City,the City will ealculate the total expenses and damages for the completed work. If ' the total expenses and d.amages are less than any unpaid balance due the Contractor,the excess will be paid by the City to the Contractor. If the total expenses and da.mages exceed the unpaid balance,the Contractor and the Surety shall be jointly and severally liable to,and shall pay the difference to,the City on demand. X. PREVAILING WAGES. Contractor shall file a"Statement of Intent to Pay Prevailing Wages" with the State of Washington Department of Labor&Industries prior to commencing the Contract work. The Contractor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington,as well as any other applicable prevailing wage rate provisions. The prevailing wage rate revision in effect on the quote submittal due date and by this reference incorporated herein and made a part hereof.No payment shall be issued until a Statement of Intent to Pay Prevailing Wages form,for the Contractor and each and every subcontractor;has been approved by the State Department of Labor&Industries, and is received by the City. Retainage shall noi be released until an Affidavit of Wages Paid form for the Contractor and each and every subcontractor,has been approved by the State Department of Labor&Industries,and is received by the City. XI. CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this Contract. If the Contractor determines, for any reason,that a change order is necessary,the Contractor must submit a written change order request to an authorized agent of the City within fifteen(15)calendar days of the date the Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines tliat the change increases or decreases the Contractor's costs or time for performance;the City will make an equitable adjustinent. The City will attempt;in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree,the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time allowed,the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the Contract work. If the Contractor disagrees with the equitable adjustment,the Contractor must complete the change order work;however,the Contractor may elect to protest the adjustmerit as provided below: A. Procedure and Protest bv the Contractor. If tbe Contractor disagrees with anything required by a change order,another written order,or an oral order from the City, LIMITED PUBLIC WORK CONTRACT NO. 17-10 Mazch 3�d,2017 Page 5 of 13 including any direction, instruction,interpretation,or determination by the City,the Contractor shall: 1. Ixnxnediately give a signed written notice of protest to the City; 2. Supplement the written protest within fifteen(15)calendar days with a written statement that provides the following information: a. The date of the Contractor's protest. b. The nature and circumstances that caused the protest. c. The provisions in this Contract that support the protesi. d. The estimated dollar cost,if any,of the protested work and how that estimate was detertnined. e. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. The Contractor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Contractor's records needed for evaluating the protest. 3: The City will evaluate all protests,provided the procedures in this section are followed. If the City determines that a protest is valid,the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an inva.lid protest; B. Contractor's Dutv to_Complete Protested Work. In spite of any protest,the Contractor shall proeeed promptly with the work as the City has ordered. C. Contractor's A¢ceptance.of Chan�es: The Contractor accepts all requirements of a shange order by: (1)endorsing it,(2)writing a separate acceptance,or(3)not protesting in the way this section provides. A change order that is accepted by the Contractor as provided in this section shall constitute full payment and final settlement of all claims for Gontract fime and for direet,indirect and consequential costs,including costs of delays related to any work,either covered or affected by the change. D. Failure to Protest Constitutes Waiver: By not protesting as this section provides,the Contractor also waives any additional entitlement and accepts from the City any written or oral order(including directions,instructions,interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section,the Contractor completely waives any cla..ims fo.r protested work and accepts from the City any written or oral order(including directions, instructions,interpretations, and determination). LIMI1'ED PUBLIC WORK CONTRACT NO. 17-10 March 3�d,20T7 Page 6 of 13 , XII, CLAIMS. The Contractor waives right to a claim if they have not followed procedures outlined in Section XI.A of ttiis Contract. If resolution cannot be reached under Section ___ _ XI.A,then the Contractor shall.give written notice to the City of all claims other than change oiders within fifteen(15)calendar days of the City's nofice of its final decision on the Contractor's protest. Any claim for damages,additional payment for any reason,or extension of time,whether under this Contract or otherwise,shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Contract; or if(and only i fl no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven(7)calendar days from the date the Contractor knew,or should have known,of the facts giving rise to the claim. At a minimum,a Contractor's written claim must include the information set forth regarding protests in Section XI.A. Failure to provide a complete,written notification of claim within the time allowed shall b.e an absolute waiver of any claims arising in any way from the facts or events surrounding that claim or caused by that delay. The Contractor must,in any event, file any claim or bring any suit arising from or connected with this Contract within forty-five(45)calendar days from the date the Contract work is complete. XIII. WARRANTY. All defects in workmanship and materials that occur within one year from the date of the City's acceptance of the Contract work shall be corrected by the Contractor, When defects are corrected,the warranty for that portion of the work shall extend for one year from the date such correction is completed and aceepted by the City. The Contractoi shall begin to correct any defeets within seven(7)calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time,the City may complete the corrections and the Contractor shall pay all costs incurred by the City iri order to accomplish the correction. XIV. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City,its officers, officials,employees,agents and volunteers harmless from any and all claims, injuries, damages,losses or suits, including all legal costs and attomey fees,arising out of or in connection with the performance of this Contract;except for injuries and damages caused by the sole negligence of the City. The City's inspection or acceptance of any of the Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction deterinine that this Contract is subjeet to RCW 4,24:115, then, in the event of liability for damages arising out of bodily injury to persons or LIMITED PUBLIC WORK CONTRACT NO. 17-10 Ivlarch 3�d,2017 Page 7 of 13 damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers,offieials, employees,agents and volunteers,the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and ezpressly understood that this indemnification constitutes the Contractor's waiver of iinmunity under Industrial Insurance,Title 51 RCW, solely for the purposes of this indemnifica.tion. The parties acknowledge that they have mutually negotiated this waiver. The provisions of this section shall survive the expiration or termination of this Contract. XV. INSURANCE. The Contractor shall procure and maintain for the duration of this Contract, insurance against claims for injuries to persons or damage to property that inay arise from or in connection with the performance of the Contract work hereunder by the Contractor,its agents,representatives,employees or subcontractors. Before beginning work on the project described in this Contract,the Contractar shall provide a Certificate of Insurance evidencing the coverages listed below. The policies of insurance for general,automobile, and pollution policies shall be specifically endorsed to name the Contracting Agency and its officers,elected officials,employees,agents and volunteers,and any other entity specifically required by the Contract Provisions, as additional insured(s). A. Automobile Liabilitv insurance covering all owned,non-owned,hired and leased vehicles with limits no less than$1,000,000 combined single limit per accident for bodily injury and property damage. Coverage shall be written on Insurance Services Offiee(ISOj form CA 00 O1 or a substitute form providing equivalent liability coverage. I.f necessary,the policy shall be endorsed to provide contractual liability c.overage. B. Commercial General Liabilitv insurance written with limits no less than$1,000,000 each occurrence, $2,000,000 general aggregate,and a$2,000,000 products-completed operations aggregate limit. Coverage shall be written on ISO occurrence form CG 00 O1 and shall cover liability arising from premises,operations,stop gap liability,independent contractors,products-completed operations,personal injury and advertising injury,and liability assumed under an insured contract. The Coinmercia.l Genera..l Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liabi.lity insurance for liability arising from explosion,collapse or underground property damage, The City shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy,with respect to the work performed for the City using ISO Additional Insurance endorsement CG 20 10 10 O1 and Additional LIMITED PUBLIC WORK CONTRACT NO.17-10 March 3�d,2017 Page 8 of 13 Insured-Completed Operations endorsement CG 20 37 10 O1 or substitute endorsements providing equivalent coverage. C: Workers'_Compensation coverage as required by the Industrial Insurance laws of the State of Washington. D. Other Insurance Provisions. The insurance policies are to contain,or be endorsed to contain,the following provisions for Automobile Liability and Commercial General Liability: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance,self-insurance,or insurance pool coverage maintained by the City shall b.e excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party,except after thirty(30)days prior written notice by certified mail,return receipt requested,has been given to the City. E. Contractor's Insurance for Other Losses. The Contractor shall assume full resporisibility for all loss or damage from any cause whatsoever to any tools,Contractor's employee owned tools,machinery, equipment,or motor vehicles owned or rented by the Contractor,or the Contractor's agents, suppliers, or contractors as well as to any temporary structures, scaffolding,and protective fences. F. Waiver of Subro at�ion. The Contractor and the City waive all rights against each other, any of their Subcontractors, Sub-subcontractors,agents and employees,each of the other, for damages caused by fire or other perils to the extent covered by Builders Risk insurance or other property insurance obtained pursuant to Section XV of this Contract or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. G. Acceptability of Insurers. Insurance is to be placed with authorized insurers in Washington State with a current A.M.Best rating of not less than A-:VII. H. Verification of Covera�e. Contractor shall furnish the City with original certif sates a.rid a copy of the amendatory endorsements,including but not necessarily limited to the additional insured endorsement, evidencing the Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. I. Subcontractors. Contractor shall ensure that each subcontractor of every tier obtains and maintains at a minimum;the insurance cove:rages listed in this seetion. Upon request of the City,the Contractor shall provide evidenee of such insuranee. Any payment of deductible or self insured retention shall be the sole responsibility of the Contractor. LIMITED PUBLIC WORK CONTRACT NO. 17-10 March 3�d,2017 Page 9 of 13 The City reserves the right to receive a certified copy of al.l the required insurance policies. XVI. MISCELLANEOUS. A. Nondiscrimination. In the hiring of employees for the perforinance of work urider this Contract,the Contractor,its subcontractors,or any person acting on behalf of Contractor shall not,by reason of race,religion,color,sex,sexual orientation,national origin,o.r the presence of any sensory,mental,or physical disability,discriminate against ariy person who is qualified and available to perform the work to which the employment relates.. B. Compliance with Laws. The Contractor shall comply with all federal,state and local laws;rules and regulations throughout every aspect in the performance of this Contract. G. Work Rerformed at Contractor's Risk. The C.ontractor shall take all precautions necessary and shall be responsible for the safety of its employees,agents,and � subcontractors in the performance of this Contract. All work shall be done at the Contractor's own risk,and the Contractor shall be responsible for any loss of or damage ' to materials,tools,or other articles used or held for use in connection with the work. D. Nonwaiver of Breach. The failure of the City to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances,shall not be construed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect. E, Governing Law.. This Contract shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and the Contractor under any of the provisions of this Contract,resolution of that dispute shall be available only thiough the jurisdiction,venue and rules of the King County Superior Court,King County,Wa.shington, F: Attomey's Fees. To the extent not inconsistent with RCW 39.04.240,in any claim or lawsuit for damages arising from the parties'performance of this Contract,each party shall be responsible for payment of its own legal costs and attomey's fees incurred in defending or bringing such claim or lawsuit;however,nothing in this subsection shall limit the City's right to indemnification under Section 10 of this Contract. G. Written Notice. All communications regarding this Contract shall be sent to the parties at the addresses listed on the signature page of this Contract,unless otherwise notified.. Any written notice shall become effective upon delivery,but in any event three (3) calendar days after the date of mailing by registered or certified mail,and shall be deemed sufficiently given if sent to the addressee at the address stated in this Contract. H. Assi,gnment. Any assignment of this Contract by the Contractor without the written consent of the City shall be void. LIMITED PUBLIC WORK CONTRACT NO.17,10 March 3ra�zo�� Page 10 of 13 I. Modification. No waiver,alteration,or modification of any of the provisions of this Contract shall be binding unless in writing and signed by a duly authorized representative of the City and the Contractor. J. Severabilitv. If any one or more sections,sub-sections, or sentences of this Contract are held to be unconstitutional or invalid,that decision shall not affect the validity of the remaining portion of this Contract and the remainder shall remain in full force and effect. K. Entire Contract. The written provisions and terms of this Contract,together with any referenced documents and attached Exhibits ,supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as fornung a part of or altering in any manner this Contract. This Contract,referenced documents, and any attached Exhibits contain the entire Contract between the parties. Should any language in any referenced documents or Exhibits to this Contract conflict with any language contained in this Contract,the terms of this Contract shall prevail. L. Buv America. In accordance with Buy America requirements contained in 23 CFR 635.410,the major quantities of steel and iron construction material that is permanently incorporated into the project shall consist of American-made materials only.Buy America does not apply to teinporary steel items,e.g.,temporary sheet piling,temporary bridges,steel sca.ffolding and fa.lsework.Minor amounts of foreign steel and iron may be utilized in this project provided the cost of the foreign material used does not exceed one-tenth of one percent of the total contract cost or$2;500.00,whichever is greater. American-made mate.rial is defined as ma.terial having all manufacturing processes occurring domestically.To further define th.e coverage, a domestic product is a manufactured steel material that was produeed in one of the 50 States,the District of Columbia,Puerto Rieo,or in the territories and possessions of the United States. If domestically produced steel billets or iron ingots are exported outside of the area of coverage,as defined above,for any manufacturing process then the resu.lting product does not conform to the Buy America requiremerits. Additionally,pro.ducts manu.factured domestically from foreign source steel billets or iron ingots do not conform to the Buy America requirements because the iriitial melting and mixing of alloys to create the material occurred in a foreign country. Manufacturing begins with the initial melting and mixing,and continues through the coating stage.Any process which modif es the chemical content,the physical size or shape,or the final finish is considered a manufacturing process. The processes include rolling,extruding,machining,bending, grinding, drilling,welding,and coating. The action of applying a coating to steel or iron is deemed a manufacturing process. Coating includes epoxy coating,galvanizing, LIMITED PUBLIC WORK CONTRACT NO.17-10 Mazch3rd 2017 Page 11 of 13 I aluminizing,painting,and any other eoating that protects or enhances the value of steel or iron.Any process from the original reduction from ore to the�nished product constitutes a manufacturing process for iion. Due to a nationwide waiver;Buy America does not apply to raw materials(iron ore and alloys),scrap(recycled steel or iron),and pig iron or processed,pelletized,and reduced iron ore. The following are considered to be steel manufacturing processes: 1.Production of steel by any of the following proces.ses: a. Open hearth furnace. b.Basic oxygen. c. Electric furnace. d.Direct reduction. 2. Rolling,heat treating,and any other similar processing. 3.Fabrication of the products. � a. Spinning wire into cable or strand. b.Corrugating and rolling into culverts. e. Shop fabrication. A certification of materials origin will be required for any items comprised of, or containing, steel or iron construction materials prior to such items being incorporated intq the permanent work. The certi.fication shall be on DOT Form 350-109EF provided by the Engineer, or such other form the Contractor chooses, provided it contains the same information as DOT Form 350-109EF. � LIMTI'ED PUBLIC WORK CONTRACT NO. 17-]0 March 3�,2017 Page 12 of 13 IN WITNESS WHEREOF,the parties below have executed this Contract. CONTRACTOR THE CITY OF AUBURN (Signature) (Signature) By �� � By Nancv Backus (Print name here) Its �r"tS i G�.7� Its Mayor (Authorized representative) � DATE: ?J' (3 U�(� DATE: �°� � � f Contractor's State License No.�y�ui4t--.ZF�/���[�= State Tax Registration(UBI)No. lR�I -� 2 n�- S�� Federal Taac ID# ��'�� (.Q �3�7� Notices to be sent to: Notices to be sent to: CONTRACTOR CITY OF AUBURN Attn: Kendra Kahne Atm: Kim Truong PO Box 854 25 West Main Street Aubum,WA 98071 Auburn,WA 98001 Phone: 253-939-8533 Phone: 253.804.5059 Fax: 253-931-8604 Fax: 253.931.3053 E-mail: kkahne@Quality-Fence.com E-mail: kbtruong@auburnwa.gov ATTEST: - - e. - Danielle E.Daskam,City Clerk APPR ED TO FORM• __ . _ d,, orney H:�FORMS�FC125 (Rev. 12/1/06) LIMITED PUBLIC WORK CONTRACT NO. 17-10 March 3'd,2017 Page 13 of 13 CITY OF AUBURN CONTRACT CHANGE ORDER AGREEMENT NO. 3 Contract No., Project No. and Project Title: Contract 17-20, CP1502 A St SE& 37th St SE Traffic Signal Imp. Contractor Name and Address: Road Construction Northwest, Inc. PO Box 2228 Renton, WA 98056 The Contractor is hereby directed to make the changes to the Contract as described herein. This document and all attachments are a supplement to the contract. All work, materials and measurements for the type of construction involved shall be in accordance with the contract documents of the above named project unless stated otherwise in this change order. Summary of Proposed Changes: By signing this change order, the Contractor agrees and certifies that additional compensation requested for reduction of asphalt pavement quantity brought forth in the Contractor's letter to the City, dated May 17,2019, is herby fully addressed through the following: Add pay' item CO3-I (Equitable Adjustment for HMA Quantity Reduction), as an equitable adjustment for the reduction in quantity of Bl#20, 1-IMA Cl. 1/2" PG 64-22. Payment applies to pavement Work after November 29, 2018, associated with Contract Bid Item 20,that was not already re-negotiated on Change Order No. 2. The Contract time is extended by 0 days. Item Sch. Sec. No. Item Description QuantityUnits Unit Price Total Price (+/) (5) (+1-) Equitable Adjustment for HMA Quantity CO3-1 A N/A Reduction 1 LS 12,702.81 $ 12,702.81 Subtotal $ 12,702.81 Washington State Sales Tax(10%) on applicable items $ - TOTAL $ 12,702.81 Base Amount Total incl. Tax I. Total Cost this C/O $ 12,702.81 $ 12,702.81 2. Total Cost All Previous C/O $ 9,176.82 $ 9,176.82 3. Original Contract Amount $ 656,280.00 $ 656,280.00 4. Revised Contract Amount $ 678,159.63 $ 678,159.63 This change order constitutes full and complete compensation for all labor, equipment, materials, overhead, profit, any and all indirect costs, and time adjustment to perform the above described changes. All other costs are non- compensable. All other terms and conditions of the contract remain unchanged. Contractor: G��r,IL,, Jeffre M. Kanve/rr °7131/19 Inspector: /�i __ /��j a Dale Project Manager: i.� � / Joe City Engineer: ' $TT7 uJi" Approved b (. 'ay' 4 i boor, }t ofAahnrn Die 3'PROV o AS TO FORM j110 BUDGET STATUS SHEET Project No: CP1502 Project Title: 37th St SE and A ST SE Traffic Signal Project Manager: Luis Barba Q Project Update Initiation Date:February 23,2016 Q Permission to Advertise Date:July 24,2019 Advertisement Date: September 14,2017 0 Contract Award Award Date: October 16,2017 Q Change Order Approval 0 Contract Final Acceptance The"Future Years"column indicates the projected amount to be requested in future budgets. Funds Budgeted (Funds Available) Funding Prior Years 2015(Actual) 2016(Actual) 2017(Actual) 2018(Actual) 2019 Total 102 Fund-Federal Grant 8,295 95,115 36,830 498,706 149,694 788,640 102 Fund-Unrestricted 1,933 41,091 62,042 53,669 77,931 236,666 Total 0 10,228 136,206 98,872 552,375 227,625 1,025,306 Estimated Cost(Funds Needed) Activity Prior Years 2015(Actual) 2016(Actual) 2017(Actual) 2018(Actual) 2019 Total Pre-Design Engineering-City Costs 9,873 1,952 11,825 Design Engineering-City Costs 356 25,048 13,855 39,258 Design Engineering-Consultant Costs 108,497 29,063 137,560 Design Engineering-Other 710 1,653 I2,363 Property Acquisition 19,518 19,518 ROW Property Acquisition-Consultant Costs 11,404 11,404 ROW-City Cost 12,131 12,131 ROW-Other 0 Construction Contract Bid 494,010 162,270 656,280 Change Order No.41 4,697 4,697 Change Order No.42 4,479 4,479 Change Order No.#3 0 12,703 12,703 Authorized Construction Contingency Remaining 0 28,121 28,121 Construction Engineering-City Costs 9,654 50,332 15,000 74,986 Construction Engineering-Consultant Costs 612 1,363 2,000 3,975 Construction Engineering-Other 982 44 1,026 Construction Engineering-Testing 1,929 2,000 3,929 Total 0 10,228 136,206 98,872 552,375 226,573 1,024,255 102 Arterial Street Budget Status Prior Years 2015(Actual) 2016(Actual) 2017(Actual) 2018(Actual) 2019 Total -102 Funds Budgeted ( 0 (10,228) (136,206) (98,872) (552,375) (227,625) (1,025,306) 102 Funds Needed 0 10,228 136,206 98,872 552,375 226,573 1,024,254 *102 Fund Project Contingency() 0 0 0 0 (0) (1,052) (1,052) 102 Funds Required 0 0 0 0 0 0 0 -(4)in the Budget Status Sections indicates Money the City has available. \\coa.auburn.local Wept\Building\PROD\CP1502-A St SE&37th St SE Traffic Signal Improv\3.00 Project Management\3.20 Budget\CP1502_Budget Status Sheet.xlsx 1 of 1 CP1502 — A St SE and 37th St SE Traffic Signal Improvement Project (I-ISIP-1069(007)) Contract No. 17-20 Change Order No. 3 Independent Engineer's Estimate This is an independent engineer's estimate to determine an equitable adjustment for the reduced quantity of HMA Cl. 'A" PG 64-22 per Section 1-04.6 (Variation in Estimated Quantities). Change Order Summary: This change order includes the following: • Add pay item CO3-I (HMA CL. 1/2" PG 64-22 Quantity Reduction Compensation), as settlement payment for the reduction in quantity. Payment applies to pavement work after November 29, 2018, associated with Contract Bid Item 20, that was not already re-negotiated under previous Change Order No.2. Equitable Adjustment Calculation: Contract Planned Quantity: 670 tons Unit Bid Price: $100.00/ton Actual Quantity Installed: 363 tons A Force Account Analysis was performed using current wage and equipment rates and material costs resulted in a total cost of$50,170.00 for 363 tons of HMA CL. 1/2" PG 64- 22, which equates to new unit price of$138.21/ton and an increased unit price of $38.21/ton (5138.21/ton - $100/ton). Calculated Equitable Adjustment: $38.21 x 363 tons = $13,870.23 However, per WSDOT Standard Specification Section 1-04.6, Variation in Estimated Quantities, the total payment cannot exceed 75-percent of the amount originally bid for an item. In this case, the Contract Bid amount was for $67,000.00 (670 tons x $100/ton). 75-percent of$67,000.00 is $50,250.00. The contractor has previously been compensated for 363 tons at $100.00 plus an additional $1,247.19 under Change Order No. 2, for a total sum of$37,547.19 ($36,300.00 + $1,247.19). Therefore, the maximum amount of equitable adjustment is $12,702.81 ($50,250.00 - $37,547.19). Total Change Order Cost $12,702.81 Fund 105 (Street Preservation) $12,702.81 Budget: The total added cost for Fund 105 is estimated to be$12,702.81 which is within the project's authorized construction contingency. Prepared By:L Barba Date:7/24/2019 CO#3 Engr Estimate_HMA Cost Increase.xlsx INDEPENDENT ENGINEER'S ESTIMATE CONTRACT NO. CHANGE ORDER NO. 'PROJECT NO. 17-05 3 CP1502 PRIME CONTRACTOR SUB-CONTRACTOR/AGENT Road Construction Northwest Lakeside Industries DESCRIPTION OF WORK PERFORMED Paving :iITEM '.i DESCRIPTION:! ii :HOURS WORKED DESCRIPTION i .;;SOF WORK 'ASSUMPTION ,:;:REG ST RATE AMOUNT .-: LABOR:• .. .•.•. . •: ..... .... . .. . ... Foreman 8.0 hr 74.35 594.80 Screedman-Paver 8.0 hr 45.48 363.84 Roller Assume 2 Rollers 16.0 hr 41.98 671.68 Truck and Trailer Assume 3 Drivers 24,0 hr 38.10 914.40 Asphalt Raker Assume 4 Rakers 32.0 hr 41.40 1,324.80 LABOR SUBTOTAL 3,869.52 29% OH,P,BBO,etc. 1,122.16 LABOR TOTAL 4,991.68 .•.•:•:EQUIPMENT •_.. . ..... ...... .. ....•.. . •... . ... .... .. Asphalt Paver 10-foot paver 8.0 hr 293.67 2,349.36 Vibrating Roller Asphalt Roller(15 Tons) 16.0 hr 74.23 1,187,68 Dump Truck Haul and Pavement Truck 24.0 hr 83.57 2,005.68 Service Truck 32.0 hr 23.68 757.76 EQUIPMENT SUBTOTAL 6,300.48 21% OH,P,BBO,etc. 1,323.10 EQUIPMENT TOTAL 7,623.58 -:- MATERIALS.• •:•'OTY•" «UNIT <:'•'PRICE: HMA 1/2" Overlay at 2-inch Cost obtained from previous similar bids 363 TON 85.50 31,036.50 MATERIALS SUBTOTAL 31,036.50 21% OH,P,B&O,etc. 6,517.67 MATERIALS TOTAL 37,554.17 :•: SERVICES:: .. .•.•.•.•. % .•. .•.. .. Na SERVICES SUBTOTAL 21% OH,P,BBO,etc. SERVICES TOTAL I SUBTOTAL ALL 50,169.43 Prime Markup Calculated By Date TOTAL $50,169.43 L.Barba 7/24/2019 USE $50,170.00 NOTES: Given the reduction in quantity of overall HMA on the project,the Contractor's production costs were higher than anticpated.Force account analysis was used to estimate the actual costs for paving using actual current rates.$49,850+363 Tons=$137.33/ton;The Contractor's unit bid price,per our contract is$100.00/Ton.Reference CO#3 IEE Report for additional information. CITY OF • Nancy Backus,IViayor. WAS H GTON 25 West Main Street*Auburn WA 98001-4998*www.auburnwa,gov=*253-931-3000 October 11, 2019 CERTIFIED MAIL RETURN RECEIPT REQUESTED Anthony Stolz Road Construction Northwest, Inc. PO Box 2228 Renton, WA 98056 RE: Contract No. 17-20 Project No. CP1502,A St SE & 37th St SE Traffic Signal Project FinalPay Estimate Letter Dear Mr. Stolz: Enclosed is your Final Payment in the amount of$25,970.51.The total contract amount for this project as shown on your Final Pay Estimate is $592,406.92. Please be aware that contractcompletion and finalacceptance will not be granted prior to receipt of Affidavits of Wages Paid for your firm and all Subcontractors, and that incorrect. information supplied to L& I may delay clearance of your bond until payment of industrial insurance by all Subcontractors is verified. If you have any questions, please contact Cindy West, Contract Administration Specialist, at 253-931-3002. This notification does not constitute contract completion/final acceptance. Sincerely, Luis` arba, P.E. Project Engineer Public Works Department LB/cw/as Enclosure cc: Shawn Campbell, City Clerk Seth Loop, Project Inspector File 13.11 CP1502 ENG-142, Revised 02/19 * MORE THAN YOU IMAGINED Public Works for Awarding Agencies Page 1 of 1 ip�i5Washington State Department of ' Labor & Industries Public Works Projects Awarding Agency:AUBURN MUNICIPAL AIRPORT Project:A St SE&37th St SE Traffic Signal Improvements Affidavits Not Filed View contractors who haven't filed their Affidavit for the project.Every contractor that files an Intent is expected to file an Affidavit for that Intent. Note:If a contractor files two Intents for the project,but only one Affidavit,they will show on this list as having an Affidavit not filed.Contractors may request incorrect forms be deleted from the system. Show115 VI rows Showing records 1 to 12 of 12 ( 1 Previous j Next/ I Contractor Intent ID WA UBI No. License ID L&I Account ID R C N W 872227 602286010 RCNW'CN978L6 05271501 TRANSPORTATION SYSTEMS INC 874095 602726209 TRANSS1927NO 13734100 STRIPE RITE INC 876020 601048084 STRIPRI121JM 47718201 CANNON CONSTRUCTION INC 882807 601590363 CANNOC1055CS 53583201 Muller Construction LLC 905627 603391521 MULIECL864JQ 31532900 ICON MATERIALS 906293 601006854 ICONM•"982CF 70017400 BEST PARKING LOT CLEANING INC 923550 601901928 BESTPLC984K8 01250501 SILVERSTREAK INC 926035 600432781 SILVEI•183NU 44608100 • ADVANCED GOVERNMENT SERV 929622 603585454 ADVANGS834R9 25481901 INC OLSON BROTHERS PRO—VAC LLC 930867 602170975 OLSONBP985J2 56550201 Mlles Sand&Gravel Company 931574 171004760 11518800 CORLISS RESOURCES INC 935789 602237779 CORLIR1880JZ 04111407 AAcWacessshington' 0llklafY40m.nam WeLM1a ©Washington Stale Dept of Labor&Industries.Use of this site is subject to the laws of the state of Washington. Help us improve https://secureaccess.wa.gov/lni/pwiaa/ 10/11/2019 CITY OF AUBURN,STATE OF WASHINGTON 98001 ACCOUNTS PAYABLE CHECK NO: 455611 z JNv010E NUMBERS e,,,,.,3 . ,DATE"I ::.?r'P<ffrNUMBERirr"et 4e.', . .": %DE$CR1P.TION z`' .,. ,,t ,,I l5 SCOIINT d€z '.`..>" ,,AMOUNT?".3PAPPil 17-20/#10&FINAL 09/10/2019 19-000309 CP1502,A St SE&37th St SE Signal Imp 0.00 25,970:51 • PLEASE,DETACH BEFORE DEPOSITING a" : : '-T l: k .'.AONOTACCEPT.THIS:CHECKUNEESSTHE-PINK ELOOKS KEY+ICONS A.* W EN.WARAIE0 AND OiCAN:SEE'HEKAGONS`IN'A'DUUk£tDNEITEUEWATEBM0111,WH Ni UV ItSyHFtiOHT . - KeyBank National Association • VOID 6 MONTHS ACCOUNTS PAYABLE * Aubum,Washington 98001; CLAIMS CHECK. AFTER CHECK DATE CITY OF' T-eoo-kEv2vou 2 1 50 CITY OF AUBURN t ,.?&,NUMBER._ .. DATE , 9 HECK pHgp At1oU r . > 25Vv8s MAIN STREET . - � 028744 09/16/20,19 455611 . '''- **.'52.5',970.51 rn•- STA It F WASHIN.ETON 98001 �f`"" -- ,--,-$4- WASRINGTON E , xi m PAY Twenty Five Thousand Nine Hundred Seventy Dollars and Fifty One Cents ° I ' F i N ; 1 : TO'THE ROAD CONSTRUCTION NW INC: a ORDER PO BOX 2228 raayar Y RENTON,WA 98056 i - ....). OF " . ' . . -Finance DireUor j i'04556 �"LnL , I: .25000574l: ,17 ill 3100323ail �.—.-^,. ,.. --11fT.....73.i.?7 Ttii!T.......P.................d...........r.........................TB.R................ta'Sif-t.Yt T-Y'."TV.I-R.Y:r-raSY.�8-rnma:.7'�. -.-.-.:-...."- — .... CITY OF AUBURN CO.NO.17-20 CP1502 A St SE&37th St SE Traffic Signal Improvements PAY ESTIMATE#10&FINAL SCHEDULE A: Street Improvements • ITEM ESTIMATE TOTAL PERIOD UNIT PERCENT EST. NO. ITEM DESCRIPTION QUANTITY QUANTITY QUANTITY TYPE UNIT COST TOTAL COST PERIOD COST QTY. 1 Record Drawings(Minimum Bid$1,000) 1 1 1 LS 1000 $ 1,000.00 $ 1,000.00 100% 2 SPCC Plan 1 1 LS 1500 $ 1,500.00 $ - 100% 3 Utility Potholing 2 3 EA 1000 $ 3,000.00 $ - 150% 4 Mobilization 1 1 LS 65000 $ 65,000.00 $ - 100% 5 Traffic Control Supervisor 1 1 LS 15000 $ 15,000.00 $ - 100% 6 Traffic Control Labor(Min.Bid$45 per hour) 720 530 24 HR 55 $ 29,150.00 $ 1,320.00 74% 7 Construction Signs Class A 50 40 40 SF 40 $ 1,600.00 $ 1,600.00 80% 8 Sequential Arrow Sign 45 63 2 DAY 60 $ 3,780.00 $ 120.00 140% 9 Portable Changeable Message Sign 90 0 DAY 110 $ - $ - 0% 10 Outside Agency Uniformed Police Flagging Labor 1500 4247.6 2791.7 EST 1 $ 4,247.60 $ 2,791.70 283% 11 Roadside Cleanup 6000 521.55 EST 1 $ 521.55 $ - 9% 12 Removal of Structures and Obstructions 1 1 LS 4500 $ 4,500.00 $ - 100% 13 Removal of Cement Concrete Flat Work 240 211.37 SY 25 $ 5,284.25 $ - 88% 14 Removal of Curb and Gutter 350 259 LF 10 $ 2,590.00 $ - 74% 15 Roadway Excavation Including Haul 150 150 CY 85 $ 12,750.00 $ - 100% 16 Gravel Backfill for Roadway Subgrade 70 0 TON 55 $ - $ - 0% 17 Crushed Surfacing Top Course 70 106.13 TON 55 $ 5,837.15 $ - 152% 18 Crushed Surfacing Base Course 150 64.01 TON 55 $ 3,520.55 $ - 43% 19 Planing Bituminous Pavement 4460 2720.38 SY 7 $ 19,042.66 $ - 61% 20 HMA Cl.1/2"PG 64-22 670 363 TON 100 $ 36,300.00 $ - 54% 21 Asphalt Cold Patch 10 14.95 TON 150 $ 2,242.50 $ - 150% 22 Solid Wall PVC Storm Pipe,SDR-35,8 in.Diam. 10 1.15 LF 300 $ 345.00 $ - 12% 23 Catch Basin Type 1 1 1 EA 1300 $ 1,300.00 $ - 100% 24 Adjust Existing Storm Drainage Structure 7 4 EA 650 $ 2600.00 $ - 57% 25 Adjust Existing Sewer Manhole 3 2 EA 650 $ 1,300.00 $ - 67% 26 Adjust Existing Valve Box 3 4 EA 450 $ 1,800.00 $ - 133% 27 Hydrant Assembly 1 1 EA 13500 $ 13,500.00 $ - 100% 28 Temporary Water Pollution/Erosion Control 4000 0 EST 1 $ - $ - - 0% 29 Inlet Protection 7 7 EA 75 $ 525.00 $ - 100% 30 Roadside Restoration 2000 0 EST 1 $ - $ - 0% 31 Cement Concrete Traffic Curb and Gutter 330 265.5 LF 40 $ 10,620.00 $ - 80% 32 Raised Pavement Marker Type 2 18 57 57 EA 30 $ 1,710.00 $ 1,710.00 317% 33 Adjust Existing Monument 1 0 EA 450 $ - $ - 0% 34 Cement Conc.Sidewalk 220 173.08 SY 68 $ 11,769.44 $ - 79% 35 Cement Conc.Curb Ramp Type A Parallel 2 2 EA 2000 $ 4,000.00 $ - 100% 36 Traffic Signal Controller 1 1 EA 13500 $ 13,500.00 $ - 100% 37 Traffic Signal Cabinet 1 0.99999995 EA 40000 $ 40,000.00 $ - 100% 38 Traffic Signal System at 37th Street SE&A Street SE 1 1.000000029 LS 168000 $ 168,000.00 $ - 100% 39 Illumination System,Complete 1 1.00000001 _ LS _ 34000 $ 34,000.00 $ - 100% 40 Intelligent Transportation System,Complete 1 1 LS 30000 $ 30,000.00 $ - 100% SCHEDULE SUBTOTAL $ 8,541.70 Period Dates Begin: May 21,2019 End: Aug.20,2019 h:\proj\pe1CP1502 PE 1 of 5 9/6/2019 at 9:59 AM CITY OF AUBURN CO.NO.17-20 CP1502 A St SE&37th St SE Traffic Signal Improvements . PAY ESTIMATE#10&FINAL SCHEDULE A: Street Improvements ITEM ESTIMATE TOTAL PERIOD UNIT PERCENT EST. NO. ITEM DESCRIPTION QUANTITY QUANTITY QUANTITY TYPE UNIT COST TOTAL COST PERIOD COST QTY. 41 New Signal Ahead Signage 1 1 LS 1200 $ 1,200.00 $ - 100% 42 Electrical Variations 6000 9270.59 EST 1 $ 9,270.59 $ - 155% 43 Remove Traffic Sign 3 3 EA 90 $ 270.00 $ - 100% 44 Traffic Sign 5 5 EA 335 $ 1,675.00 $ - 100% 45 Paint Line 2280 11521 1152 LF 0.5 $ 576.00 $ 576.00 51% 46 Plastic Wide Lane Line 170 100 100 LF 5 $ 500.00 $ 500.00 59% 47 Plastic Stop Bar(24 inch wide) 80 80 80 LF 15 $ 1,200.00 $ 1,200.00 100% 48 Plastic Crosswalk Stripe(24 inch wide) 110 98 98 LF 15 $ 1,470.00 $ 1,470.00 89% 49 Plastic Traffic Arrow 5 3 3 EA 160 $ 480.00 $ 480.00 60% 50 Remove Pavement Markings 1 1 LS 1550 $ 1,550.00 $ - 100% CO1-1 Vehicle Detection Camera System,Complete 1 1 LS 4697.36 $ 4,697.36 $ - 100% CO2-1 HMA CL 1/2"PG 64-22 Asphalt Oil Cost Increase 1 1 LS 1247.19 $ 1,247.19 $ - 100% CO2-2 Adjust Existing Utility Manhole 1 1 EA 650 $ 650.00 $ - 100% CO2-3 Temporary Pavement Markings 1 1 LS 2582.27 $ 2,582.27 $ - 100% CO3-1 Equitable Adjustment for HMA Quantity Reduction 1 1 1 LS 12702.81 $ 12,702.81 $ 12,702.81 100% SCHEDULE TOTAL $ 25,470.51 Period Dates Begin: May 21,2019 End: Aug.20,2019 h:1proj1pe1CP1502 PE 2 of 5 9/6/2019 at 9:59 AM CITY OF AUBURN CO.NO.17-20 CP1502 A St SE&37th St SE Traffic Signal Improvements PAY ESTIMATE#10&FINAL SCHEDULE B: Street Improvement(Not FHWA Eligible) ITEM ESTIMATE TOTAL PERIOD UNIT PERCENT EST. NO. ITEM DESCRIPTION QUANTITY QUANTITY QUANTITY TYPE UNIT COST TOTAL COST PERIOD COST QTY. 51 One Year Warranty Bond(Non-Federal Participation) 1 1 1 LS 500 $ 500.00 $ 500.00 100% SCHEDULE TOTAL $ 500.00 • • • • • Period Dates Period Dates Begin:May 21,2019 End:Aug.20,2019 h:\proj\pe\CP1502 PE 3 of 5 9/6/2019 at 9:59 AM CO.NO.17-20 CITY OF AUBURN CP1502,A St SE&37th St SE Traffic Signal Improvements A St SE&37th St SE Traffic Signal Improvements PROJECT SUMMARY CO. NO.17-20 PAY ESTIMATE#10&FINAL Original Contract Contract Change Amount Orders Total Payment This Period Percent/Contract SCHEDULE A: Street Improvements Contract $ 655,780.00 $ 21,879.63 $ 591,906.92 $ 25,470.51 87% No Tax Applicable $ - No Retainage $ - $ - SCHEDULE TOTAL $ 655,780.00 $ 21,879.63 $ 591,906.92 $ 25,470.51 SCHEDULE B: Street Improvement(Not FHWA Eligible) Contract $ 500.00 $ - $ 500.00 $ 500.00 100% No Tax Applicable No Retainage SCHEDULE TOTAL $ 500.00 $ - $ 500.00 $ 500.00 TOTAL CONTRACT AMOUNT TO DATE (No Tax Applicable) $ 592,406.92 TOTAL PAYMENT TO CONTRACTOR $ 592,406.92 $ 25,970.51 PAYMENT DUE CONTRACTOR: $ 25,970.51 Period Dates Begin: May 21,2019 End: Aug.20,2019 h:\proj\pe\CP1502 PE 4 of 5 9/6/2019 at 9:59 AM CITY OF AUBURN CO. NO. 17-20 CP1502 PAY ESTIMATE#10&FINAL CONTRACTOR: • Road Construction Northwest, Inc. PO Box 9998 Renton,WA 98056 Phone: (425)254-9999 The undersigned has reviewed and approved this final pay estimate. I agree that it is a true and correct statement showing all monies due me from the City of Auburn under this contract; that I have carefully examined the final pay estimate estimate and understand it and that I hereby release the City of Auburn from any and all claims of whatsoever nature which I may have, arising out of this contract,which are not set forth in this estimate_ PAYMENT DUE TO CONTRACTOR= $ 25,970.51 Signatures: / Jeffrey M.Kanycr Contractor ' ' 1y President Date `I 491 9 SInspector Date ?//fAir Project Manager ,r•----.}& Z. Date /A/9 City Engineer L. /oS/2l.-1/--) Date ill/i C / l f h:lprojlpelCP1502 PE 5 of 5 9/6/2019 at 9:59 AM