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HomeMy WebLinkAbout13-160 - KPG Inc - Thorndyke Elementary Safe Routes to SchoolWIWashingtonState Department of Transportation Su lemental A reement pp g Number 5 Organization and Address KPG, Inc. 753 9th AveN Seattle, WA 98103 Phone: 206-286-1640 Original Agreement Number 13-160 (6) Project Number CIIa1030a- Execution Date 1011g1t3 Completion Date ial3j1iS" Project Title Thorndyke Elementary SRTS New Maximum Amount Payable $ 220,585.00 Description of Work Provide additional construction management services for the Safe Routes Project. The Local Agency of City of Tukwila desires to supplement the agreement entered into with KPG, Inc and executed on I0110/20/ .� and identified as Agreement Na 13-160 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 1, SCOPE OF WORK, is hereby changed to read: ,See attached exhibit A-1 for Supplement 5 scope of work 11 Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: No chance 111 Section V, PAYMENT, shall be amended as follows: .Sec attached Fxhih'ir R-1 for Stipplament S Sumiitary OfPayin ntc.and R-? for Snrnrnary of Pavm me as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the appropriate spaces below and return to this office for final acton. By: DOT Form 140-063 EF Revised 9/2005 By: 4h1coi vis Date /S EXHIBIT A-1 Construction Management Services Scope of Work — Supplement 5 September 23, 2015 Thorndyke Elementary SRTS Federal Aid No. SRTS —1320(003) A. Project Description The purpose of this scope is to amend the services and the associated fee defined in the Citywide Safety Improvement Project. The original service and fee was based on no suspension and no inspection. For the contractor's convenience and to avoid poor winter weather, the City granted the contractor an approximate 3 month shutdown. Additionally, the City was not always able to offer inspection services which were supplemented by KPG personnel. The need for additional hours for the construction team to manage the project and provide construction documentation support is necessary to close the project. This scope and fee will serve as Supplement #5 of 13-160. The Consultant Fee Determination is attached to this scope of work and is labeled Exhibit E-1. B. Deliverables Consultant deliverables are described in Task 5 of the Scope of Work. C. Proposed Schedule This supplement does not change the current contract completion date of December 31, 2015. D. Scope of Work Task 5 — Additional Construction Services This task covers the effort required to manage the contract and assure that the project meets the City's expectations for schedule, budget and quality of product. Effort included under this task is as follows: 5.1 Management/Coordination — The consultant shall continue Project Management and Coordinate the project team through the remainder of the contract. 5.2 Construction Services (Office) — The consultant shall provide additional construction documentation support and contractor coordination during the remainder of the contract. Task 9 Deliverables: • Extended Construction Management, Documentation and Office Support City of Tukwila Construction Management Services Scope of Work -Supplement 5 Page 1 of 1 KPG Project Number 13143 9/23/15 EXHIBIT E-1 FEE SUMMARY Project: City of Tukwila Thorndyke Elementary SRTS 1320(003) Construction Services Fee - Supplement 5 K PQ ♦ Architecture • Landscape Architecture ♦ Civil Engineering • Description Estimated Fee Task 5 - Additional Construction Services $ 8,742.00 Total: $ 8,742.00 City of Tukwila KPG Construction Management Services - Supplement 5 Project Number 13143 Fee 10/6/2015 HOUR AND FEE ESTIMATE EXHIBIT E-1 Project: City of Tukwila Thorndyke Elementary SRTS 1320(003) Construction Services Fee - Supplement 5 Ic IP Cr • Architecture • Landscape Architecture • Civil Engineering • Task Description Labor Hour Estimate Total Fee `Senior CM 'Project 'Graphic *Survey 'Doc 'Const `Const QA/QC Manager Designer Crew Specialist Res Eng Admin $ 190.56 $ 150.58 $ 90.15 $ 128.38 $ 112.68 $ 136.57. $ 99,45 Fee Task 5 - Additional Construction Services 5.1 Management/Coordination 5.2 Constniclion Services (Office) Reimbursable expenses - see breakdown for details. Task Totals 0 0 24 _ 0 $ 3,277.59 24 22 : $ 5,464.41 $ 48 21.99 I $ 8,742.00 Total Hours 0 0 0 0 0 48 21.99 Subtotal: $ 8,742.00 Total: $ 8,742.00 Hourly rates are based on the following: Totals Direct Salary Costs $ 69.10 s $ 54.60 $� 3.2._69 $ 46.55 ' $ 40 86 $ 49.52 $ 36.06 $ 3,169.92 WSDOT Overhead Rate 145.78% $ 4.621.11 Fixed Fee 30% _� - .. .._. _ - . ` $ 950.98 City of Tukwila KPG Construction Management Services - Supplement 5 Project Number 13143 Fee 10/6/2015 Exhibit E-2 - Supplement No. 5 Summary of Payments City of Tukwila Construction Management Services Contract: 13-160 Supplement for Services on Thorndyke Elementary SRTS Project Basic Agreement Supplement 91 , Supplement p2 Supplement 93 Supplement 84 Supplement 95 ' Total Direct Salary Cost $ 21,041 $ 39,849 $ 3,170 $ 64,060 Overhead (including Payroll Additives) $ 30,674 $ 58,091 $ 4,621 $ 93,387 Direct Non -Salary Costs (Including subconsultants) $ 16,720 $ 27,000 $ $ 43,720 Fixed Fee $ 6,312 $ 11,955 $ 951 $ 19,218 Management Reserve $•$ - $ - $ TOTAt $ 74,948 $ 136,895 $ 8,742 $ 220,585 WA;Washington State Department of Transportation Supplemental Agreement Number 4 Organization and Address KPG, Inc. 753 9th Avenue N Seattle, WA 98103 Phone: (206) 286-1640 Original Agreement Number 13-160 (�) Project Number 91210302 / SRTS-1320(003) Execution Date 10/10/2012 Completion Date 12/31/2015 Project Title Thorndyke Elementary Safe Routes to School New Maximum Amount Payable $ 211,842.45 Description of Work No Cost Time Extension The Local Agency of City of Tukwila desires to supplement the agreement entered into with KPG, Inc and executed on 10/10/2013 and identified as Agreement No. 13-160 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 1, SCOPE OF WORK, is hereby changed to read: No change to scope of work 11 Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: Time for completion is revised to December '31, 7015 Section V, PAYMENT, shall be amended as follows: No change to payment 111 as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the appropriate spaces below and return to this office for final action. By: Nelson Davis, Principal By: Tim Hagg rton, Mayor Consultant Signature DOT Form 140-063 EF Revised 9/2005 Approving ‘-ity Signature Date (5-/d/ a. cIe/ 6ii(i9-�J' • -4 I I t Washington Sta WAV Department of Transportation Supplemental Agreement Number 3 Organization and Address KPG, Inc. 753 9th Avenue N Seattle, WA 98103 Phone: (206) 286-1640 Original Agreement Number 13-160 (c') Project Number 91210302 / SRTS-1320(003) Execution Date 10/10/2012 Completion Date 6/30/2015 _ Project Title Thorndyke Elementary Safe Routes to School New Maximum Amount Payable , $ 211,842.45 Description of Work No Cost Time Extension The Local Agency of City of Tukwila desires to supplement the agreement entered into with KPG, Inc and executed on 10/10/2013 and identified as Agreement No. 13-160 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 1, SCOPE OF WORK, is hereby changed to read: Nn chang to scope of work 11 Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: Time fnr completion is revised to Time 10 7015 Section V, PAYMENT, shall be amended as follows: Nn chane" to payment 111 as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the appropriate spaces below and return to this office for final action. By: Nelson Davis, Principal Consultant Signature DOT Form 140-063 EF Revised 9/2005 By: Tim Hagurtnn, Mayor Approvin " Signature viTyavoi,7 )q 201 L/ Date / i _ Ol2 (6 /4/41/4_ S Washirigtan See Vfir Department Transp la a fi 13-160(b) Council Approval 7/21/14 Supplemental Agreement Number 2 Organization and Address KPG, Inc. 753 9th Avenue N Seattle, WA 98109 Phone: Original Agreement Number 13-160 ( b') Project Number 91210302 / SRTS-1320(003) Execution Date 10/10/2013 Completion Date 12/31/2014 Project Title Thomdyke Elementary Safe Routes to School New Maximum Amount Payable $ 211,842.45 Description of Work Provide construction engineering and documentation support to City project manager and inspector for pre -construction, construction and closeout activities. The Local Agency of City of Tukwila desires to supplement the agreement entered into with KPG, Inc. and executed on 10/10/2013 and identified as Agreement No. 13-160 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 1, SCOPE OF WORK, is hereby changed to read: Prnvide (-mist-nu-firm cnppnrt services in arenrdance with Exhibit A-2 11 Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: Nn changr in time fnr cnmpletinn 111 Section V, PAYMENT, shall be amended as follows: Payment shall he in accordance with Exhibit E-2, attached hereto, provided that the total amount of payment to the Conultant for this work not exceed $136.894.64 without written modification to the agreement by the City. If you concur with this supplement and agree to the changes as stated above, please sign in the appropriate spaces below and return to this office for final action. By: Nelson Davis, Principal By: Consultant Signature DOT Form 140-063 EF Revised 9/2005 31rn 151 , Mea Approving Authority Date / Sfi� 7'/G�/i/,/�-e-5 EXHIBIT A-2 City of Tukwila Thorndyke Elementary Safe Routes to School SCOPE OF WORK July 8, 2014 Supplement No. 2 Construction Services This work will be to provide construction services for the construction contract to complete the Thorndyke Elementary Safe Routes to School Project (hereinafter called "Project"). These services will include project management, materials testing, and construction documentation during the construction of the project, as detailed below. KPG ("Consultant") will provide assistance to the City of Tukwila, Washington ("City") staff assigned to the project to provided construction services as described below: I. INTRODUCTION The following scope of services and associated costs are based upon the assumptions outlined below. Assumptions: • The City will provide project management and full time inspection for construction management of the Thorndyke Elementary School Safe Routes to School project. • The Consultant shall support the City project manager and inspector by providing construction engineering services (submittal reviews, RFI's, etc.), preconstruction services, running weekly construction meetings, pay estimate assistance, and setup and review of project files in accordance with LAG Manual requirements for FHWA funded projects. The proposed consultant project team will include a part-time resident engineer (1.5 day/week average), a part-time documentation specialist (1.5 day/week average), design team engineering support during construction activities, necessary sub -consultants to provide services for materials testing, and other supporting tasks as deemed necessary. The level of services is based on project duration of approximately 4 months, or approximately 100 calendar days for construction. • Services will be performed in accordance with the Local Agency Guidelines (LAG) and the WSDOT Construction Manual. Project Objectives The objective and purpose of this Construction Services Agreement is for the Consultant to assist City staff to successfully deliver the construction of the Project by ensuring that all of the required Project documentation is accounted for, and ultimately that the City receives an outstanding review by WSDOT local programs at the end of the Project. Thorndyke SRTS KPG Supp 2 - Construction Services 1 of 7 July 8, 2014 EXHIBIT A-2 II. SCOPE OF WORK TASK 1— MANAGEMENT/COORDINATION/ADMINISTRATION Provide overall project management, coordination with the City, monthly progress reports, and invoicing. This effort will include the following elements. • Organize and layout work for project staff. Prepare project instructions on contract administration procedures to be used during construction. • Review monthly expenditures and CM team scope activities. Prepare and submit project progress letters to the City along with invoices describing CM services provided each month. Prepare and submit reporting required by funding source(s), if any. Deliverables • Monthly invoices and progress reports TASK 2 — PRECONSTRUCTION SERVICES 2.1 Prepare the Record of Materials (ROM): The Consultant shall prepare the ROM to aid consultant, City and Contractor staff to track material submittals and testing throughout the project. 2.2 Right of Entry Support: Develop a matrix of property owners that will document commitments to each property owners, property restoration, and other related impacts. Assist the City with any right of entry agreements that have not been previously secured. 2.3 File Setup: Attend meeting with City Project Manager to review standard Consultant and City file systems and develop file structure for management of the project. 2.4 Field Review: Perform plans in hand field review with inspector and project engineer to review the overall scope, identify challenging areas, and identify traffic concerns to be addressed in the Contractors traffic control plans. 2.5 Preconstruction Conference: The Consultant will prepare an agenda for, distribute notices of, and conduct a preconstruction conference in the City's offices. The Consultant's project manager, project engineer, document control specialist, and inspector will attend the preconstruction conference. The Consultant will prepare a written record of the meeting and distribute copies of the minutes to all attendees and affected agencies, staff, etc. At the Pre -construction conference, the Consultant shall facilitate discussions with the Contractor concerning the plans, specifications, schedules, and issues with utilities, unusual conditions, federal, state, and local requirements, EEO, DBE, and any other items that will result in better project understanding among the parties involved. Deliverables • Record of Materials (ROM) • Preconstruction conference agenda with meeting minutes Thorndyke SRTS KPG Supp 2 - Construction Services 2 of 7 July 8, 2014 EXHIBIT A-2 TASK 3 — CONSTRUCTION SERVICES A. FIELD SERVICES 3.1 City field inspection staff will perform the following duties as a matter of their daily activities: i. Observe technical conduct of the construction, including providing day-to-day contact with construction contractor, City, utilities, and other stakeholders, and monitor for adherence to the Contract Documents. ii. Observe material, workmanship, and construction areas for compliance with the Contract Documents and applicable codes, and notify construction contractor of noncompliance. iii. Document all material delivered to the job site in accordance with the LAG Manual and WSDOT Construction Manual. iv. Prepare daily inspection reports, recording the construction contractor's operations as actually observed by the Consultant; includes quantities of work placed that day, contractor's equipment and crews, and other pertinent information. All daily inspection reports will adhere to WSDOT Local Agency Guidelines. v. Resolve questions which may arise as to the quality and acceptability of material furnished, work performed, and rate of progress of work performed by the construction contractor. vi. Establish communications with adjacent property owners. Respond to questions from property owners and the general public. vii. Coordinate with permit holders on the Project to monitor compliance with approved permits, if applicable. viii. Prepare field records and documents to help assure the Project is administered in accordance with funding agency requirements (Construction Manual 10-2.1B). The inspector will provide measurement and payment information to the consultant for development of monthly pay estimates. ix. Collect and calculate delivery tickets and scalesman's daily reports of aggregate. All tickets will be initialed with correct bid item and stationing identified. x. Attend and actively participate in regular on-site meetings. xi. Take periodic digital photographs during the course of construction. xii. Coordinate with the City's maintenance personnel. xiii. Conduct wage rate interviews and DBE interviews in accordance with the LAG Manual. The Consultant shall support the City field inspector as follows: i. Provide periodic site visits to respond to questions or unanticipated conditions. Advise the City of any non -conforming work observed during site visits. ii. Interpret Contract Documents in coordination with City. 3.2 Materials Testing: Provide materials testing sub -consultants for construction services, who will provide materials testing services as required, up to $20,000. The City inspector shall coordinate the work of the materials testing technicians and testing laboratories in the observation and testing of materials used in the construction. The Consultant shall document and evaluate results of Thorndyke SRTS KPG Supp 2 - Construction Services 3 of 7 July 8, 2014 EXHIBIT A-2 testing; and address deficiencies. Frequency of testing shall be as prescribed in the WSDOT Construction Manual and LAG manual for the following materials: structural concrete, roadway asphalt, roadway surfacing, roadway base material, and structural grout and any other testing as prescribed within the project Specifications and WSDOT Standard Specifications 2014. Assumptions: It is assumed that day to day coordination of testing services will be by the City inspector. The Consultant shall assist with evaluation of any deficiencies noted. 3.3 Substantial Completion: Upon substantial completion of work, coordinate with the City and other affected agencies, to perform a project inspection and develop a comprehensive list of deficiencies or `punchlist' of items to be completed. A punchlist and Certificate of Substantial Completion will be prepared by the Consultant and issued by the City. Deliverables • Punch List, Certificate of Substantial Completion • Review test reports for compliance B. OFFICE SERVICES 3.4 Document Control: Original documentation will be housed at the Consultant's office, and filed in accordance with standard filing protocol to meet WSDOT Highways & Local Program Requirements. A copy of working files will be maintained in the field office. Document Control also consists of preparing Final Project Reports for the City for WSDOT and FHWA acceptance and includes: • Final Estimate (Approving Authority File) • Comparison of Preliminary and Final Quantities (Approving Authority File) • Final Records as identified in WSDOT LAG (Approving Authority File) • Record of Material Samples and Tests • Materials Certification • Affidavit of Wages Paid • Release for the Protection of Property Owners and General Contractor • DOT Form 422-102 EF, Quarterly Report of Amounts Credited as DBE Participation 3.5 Plan Interpretations: Provide technical interpretations of the drawings, specifications, and contract documents, and evaluate requested deviations from the approved design or specifications. Coordinate with City for resolution of issues involving scope, schedule, and/or budget changes. 3.6 Weekly Meetings: Lead weekly meetings, including preparation of agenda, meeting minutes, and distribution of minutes to attendees. Outstanding issues to be tracked on a weekly basis. 3.7 Initial Schedule Review: Perform detailed schedule review of contractor provided CPM for conformance with the contract documents. 3.8 Lump Sum Breakdown: Evaluate construction contractors' Schedule of Values for lump sum items. Review the Contract Price allocations and verify that such allocations are made in accordance with the requirements of the Contract Documents. Lump Sum Breakdowns for payment each month will be calculated with detailed data per WSDOT LAG Requirements. Thorndyke SRTS KPG Supp 2 - Construction Services 4 of 7 July 8, 2014 EXHIBIT A-2 3.9 Monthly Pay Requests: Assist City with monthly requests for payment, review with the City and contractor and approve, as permitted. Utilize City provided format for pay estimates, or Consultant format. The Utilities to provide quantities for payment for work associated with Utility Schedules. 3.10 Certified Payroll: Process and track all certified payroll per WSDOT Highways & Local Program Requirements. This includes verifying 30% of all payrolls submitted and tracking payroll each week. Payroll and payroll logs will adhere to WSDOT LAG requirements. 3.11 Weekly Statement of Working Days: Prepare and issue weekly statement of working day report each week. 3.12 WSDOT & FHWA Reporting: Prepare and track all necessary reports per WSDOT Highways & Local Program Requirements. This will include DBE condition of award tracking throughout the project, DBE Reporting, EEO reporting, and DBE on site reviews. Periodically meet with WSDOT Highways and Local Programs staff as requested to review project status. 3.13 Subcontractor Documentation: Process / approve all required subcontractor documentation per WSDOT Highways & Local Program Requirements. Request to Sublets will be verified and logged. Certification for Federal Aid will be obtained from all subcontractors. This includes checking System Award Management System (SAMS), verifying OM/WBE, verifying business licensing, reviewing insurance documentation, verifying city business licensing, Intent to Pay Prevailing Wage and Affidavit of Wages Paid. All subcontractor documentation will be logged into WSDOT's subcontractor logs. C. SUBMITTAL/RFI PROCESSING 3.14 Submittals: Coordinate review process for shop drawings, samples, traffic control plans, test reports, and other submittals from the Contractor for compliance with the contract documents. Key submittals to be transmitted to the City for their review and approval. Submittals shall be logged and tracked. 3.15 Request for Information (RFI): Review and respond to RFI's. RFI's shall be logged and tracked. 3.16 Record of Materials (ROM): With assistance from the inspector, utilize and maintain the ROM according to WSDOT Highways & Local Program Requirements. The ROM will track all of the materials delivered to the site including manufacturer/supplier, approved RAM's, QPL items, material compliance documentation, and all other required documentation. Deliverables • Submittal log • RFI Log • Completed Record of Material for Material Certification D. CHANGE MANAGEMENT Thorndyke SRTS KPG Supp 2 - Construction Services 5 of 7 July 8, 2014 EXHIBIT A-2 3.17 Change Orders: Develop change orders per Highway & Local Programs Guidelines, provide technical assistance to negotiate change orders, and assist in resolution of disputes which may occur during the course of the project. A total of 40 hours have been included in the cost for services. Each change order will be executed in accordance with WSDOT Local Agency Guidelines and contain the following: • Change order • Independent Cost Estimate • Time Impact Analysis • Contractor's Pricing • Verbal Approval Memo • Change Order Checklist (LAG Manual) • Change Order Request Form • Back up documentation 3.18 Field Work Directives: Prepare field work directives as necessary to keep the contractor on schedule. 3.19 Force Account: The inspector will track contractor force account labor, equipment and materials. Provide payment according to WSDOT requirements. All force account calculations will be verified by the engineer and double checked by the documentation specialist per WSDOT LAG Manual. Deliverables • Change Order(s) • Case Management Log • RFI Log • Minor Change Order(s) • Force Account Records TASK 3 — CLOSEOUT / RECORD DRAWING SERVICES 4.1 Record Drawings: Review record drawings prepared by the Contractor, and prepare a conformed set of project record drawings based on Contractor provided information and from inspection notes. Record drawings to be verified on a monthly basis, as part of the progress payment to the Contractor. Upon project completion, contractor provided markups will be verified for completeness and supplemented with inspection information. The Consultant will prepare record drawings in AutoCAD format based on construction records provided by the Contractor. Electronic and full size mylar record drawings will be provided to the City. 4.2 Audit Oversight: Prepare for and attend post construction audit performed by WSDOT Local Programs and others. 4.3 Punchlist oversight: Attend final walk through review with City staff. Field observation of punchlist items will be by the City. 4.4 Physical Completion Letter: Following completion of all punchlist work, prepare physical completion letter to the contractor and WSDOT, and recommend that City and/or Utilities accept the project. Thorndyke SRTS KPG Supp 2 - Construction Services 6 of 7 July 8, 2014 EXHIBIT A-2 4.5 Project Closeout: Transfer all project documents to the City for permanent storage. • Meeting agendas and notes • Monthly Pay Estimates • WSDOT Reporting • Subcontractor Packets • Physical Completion Letter • Final Project Documents ADDITIONAL SERVICES The services described under this task, and any other additional services requested by the City, will be performed only when authorized by the City. Authorization to perform additional services will be in the form of a supplement to this agreement, specifying the work to be performed, and basis of payment. • Field inspection services. • Provide any additional services resulting from changes in scope or design of the project. Changes include, but are not limited to, changes in size, complexity, the schedule, character of construction, or method of financing. • Provide claims analysis and assistance in resolving claims that are protracted in nature and beyond the scope of the change order process described herein. • Media Relations: Produce and distribute periodic press releases at key milestones about the project and its progress. Meet with press to help develop stories about the project. • Other activities deemed necessary by the City. III. TO BE PROVIDED BY CITY: 1. Construction office and access to copy machine. 2. Postage to be provided by the City for any mass mailings. 3. Copies of Rights of Entries and Easements acquired for the Project. Thorndyke SRTS KPG Supp 2 - Construction Services 7 of 7 July 8, 2014 Exhibit E-2 Consultant Fee Determination Project Name: Thorndyke Elementary Safe Routes to Supplement 2 - Construction Services Consultant: KPG COST PLUS FIXED FEE Classification Hours Rate Cost Project Manager 76 $ 64.90 $ 4,932 Senior Engineer 44 $ 52.06 $ 2,291 Project Engineer 300 $ 41.65 $ 12,494 Design Engineer 192 $ 36.44 $ 6,996 CAD Technician 48 $ 30.33 $ 1,456 Construction Inspector 0 $ 38.74 $ - Survey Crew 0 $ 50.41 $ - Document Specialist 212 $ 37.00 $ 7,844 Office Admin 154 $ 24.91 $ 3,835 Total Direct Salary Cost (DSC) Overhead (145.78% x DSC) Fixed Fee (30% x DSC) 1,026 $39,849 $58,091.38 $11,954.60 Subtotal: $109,894.64 REIMBURSABLES Construction Vehicle (4 months @ $750) Miscellaneous - Mileage, Repro, Field Supplies $3,000 $4,000 Subtotal: $7,000 SUBCONSULTANT COSTS Material Testing / Geotechnical Allowance $20,000 Subtotal: $20,000 TOTAL $ 136,894.64 13-160(a) Council Approval N/A M// Dap Mont of Transportation Supplemental Agreement Number 1 Organization and Address KPG, Inc. 753 9th Avenue N Seattle, WA 98109 Phone: Original Agreement Number 13-160-) Project Number 91210302 / SRTS-1320(003) Execution Date 10/10/2013 Completion Date 12/31/2014 Project Title Thomdyke Elementary Safe Routes to School New Maximum Amount Payable $ 74,947.81 Description of Work No Cost time extension. The Local Agency of City of Tukwila desires to supplement the agreement entered into with KPG, Inc. and executed on 10/10/2013 and identified as Agreement No. 13-160 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 1, SCOPE OF WORK, is hereby changed to read: Nn rhangs to scope of wnrk 11 Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: Time fnr completion is revised to December 31, 7014 Section V, PAYMENT, shall be amended as follows: Nn changes to payment 111 If you concur with this supplement and agree to the changes as stated above, please sign in the appropriate spaces below and return to this office for final action. By: Nelson Davis, Principal DOT Form 140-063 EF Revised 9/2005 Ga JV7 Consultant Signature Approving Authority Signature' /(/ Date /5dovZar6iivA-S 13-160 Council Approval 10/7/13 Local Agency Standard Consultant Agreement Consultant/Address/Telephone KPG, Inc. 753 9th Avenue N Seattle, WA 98109 206-286-1640 e Architectural/Engineering Agreement 0 Personal Services Agreement Agreement Number Project Title And Work Description Thomdyke Elementary Safe Routes to School Provide PS&E to include 6' sidewalk, curb and gutter on one side of the roadway, storm drainage replacement, and pedestrian countdown modules at the signalized intersection of 42nd Avenue South and South 150th Street. Federal Aid Number SRTS-1320(003) Agreement Type (Choose one) ❑ Lump Sum Lump Sum Amount $ ok CI Cost Plus Fixed Fee Overhead Progress Payment Rate Overhead Cost Method • Actual Cost DBE Participation ok ■ Yes 0 No Federal ID Number or Social Security Number ■ Actual Cost Not To Exceed CI Fixed Overhead Rate Fixed Fee $ 6,312.40 145.78 % Do you require a 1099 for IRS? ■ Yes @ No Completion Date June 30, 2014 ❑ Specific Rates Of Pay Total Amount Authorized $ Management Reserve Fund $ Maximum Amount Payable $ 74,947.81 • Negotiated Hourly Rate • Provisional Hourly Rate 74,947.81 ❑ Cost Per Unit of Work Index of Exhibits (Check all that apply): ® Exhibit A-1 Scope of Work ❑ Exhibit A-2 Task Order Agreement ❑ Exhibit B-1 DBE Utilization Certification ® Exhibit C Electronic Exchange of Data ❑ Exhibit D-1 Payment - Lump Sum ▪ Exhibit D-2 Payment - Cost Plus ❑ Exhibit D-3 Payment - Hourly Rate ❑ Exhibit D-4 Payment - Provisional ❑ Exhibit E-1 Fee - Lump/Fixed/Unit ❑ Exhibit E-2 Fee - Specific Rates ▪ Exhibit F Overhead Cost ® Exhibit G Subcontracted Work ® Exhibit G-1 Subconsultant Fee THIS AGREEMENT, made and entered into this between the Local Agency of City of Tukwila and the above organization hereinafter called the "CONSULTANT". ® Exhibit G-2 Fee -Sub Specific Rates ® Exhibit G-3 Sub Overhead Cost ® Exhibit H Title VI Assurances ® Exhibit I Payment Upon Termination of Agreement ® Exhibit J Alleged Consultant Design Error Procedures ® Exhibit K Consultant Claim Procedures ❑ Exhibit L Liability Insurance Increase ® Exhibit M -la Consultant Certification ® Exhibit M -lb Agency Official Certification ® Exhibit M-2 Certification - Primary ® Exhibit M-3 Lobbying Certification ® Exhibit M-4 Pricing Data Certification ❑ App. 31310 Supplemental Signature Page -114 DOT Form 140-089 EF Revised 3/2008 Page 1 of 8 day of 0 ('0 bif , L? , , Washington, hereinafter called the "AGENCY" , o f ` 02 072 /6//;/9L S WITNESSETH THAT: WHEREAS, the AGENCY desires to accomplish the above referenced project, and WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT; and WHEREAS, the CONSULTANT represents that he/she is in compliance with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish Consulting services to the AGENCY, NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I General Description of Work The work under this AGREEMENT shall consist of the above described work and services as herein defined and necessary to accomplish the completed work for this PROJECT. The CONSULTANT shall furnish all services, labor, and related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT. II Scope of Work The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit "A" attached hereto and by this reference made a part of this AGREEMENT. III General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress and presentation meetings with the AGENCY and/or such Federal, State, Community, City or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the work in sufficient detail so that the progress of the work can easily be evaluated. The CONSULTANT, and each SUBCONSULTANT, shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONSULTANT, and each SUBCONSULTANT, shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT-assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the termination of this AGREEMENT. Participation for Disadvantaged Business Enterprises (DBE), if required, per 49 CFR Part 26, or participation of Minority Business Enterprises (MBE), and Women Business Enterprises (WBE), shall be shown on the heading of this AGREEMENT. If D/M/WBE firms are utilized, the amounts authorized to each firm and their certification number will be shown on Exhibit "B" attached hereto and by this reference made a part of this AGREEMENT. If the Prime CONSULTANT is a DBE firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY'S "DBE Program Participation Plan". The mandatory DBE participation goals of the AGREEMENT are those established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the AGENCY. All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C." All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to the CONSULTANT. Page 2 of 8 IV Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under completion date. The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT. A prior supplemental agreement issued by the AGENCY is required to extend the established completion time. V Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided in Exhibit "D" attached hereto, and by reference made part of this AGREEMENT. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. A post audit may be performed on this AGREEMENT. The need for a post audit will be determined by the State Auditor, WSDOT External Audit Office and/or at the request of the AGENCY'S PROJECT Manager. VI Sub -Contracting The AGENCY peivats sub -contracts for those items of work as shown in Exhibit "G" attached hereto and by this reference made part of this AGREEMENT. Compensation for this sub -consultant work shall be based on the cost factors shown on Exhibit "G." The work of the sub -consultant shall not exceed its maximum amount payable unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, overhead, direct non -salary costs and fixed fee costs for the sub -consultant shall be substantiated in the same manner as outlined in Section V. All sub -contracts shall contain all applicable provisions of this AGREEMENT. With respect to sub -consultant payment, the CONSULTANT shall comply with all applicable sections of the Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT shall not sub -contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. No permission for sub -contracting shall create, between the AGENCY and sub- contractor, any contract or any other relationship. A DBE certified sub -consultant is required to perform a minimum amount of their sub -contracted agreement that is established by the WSDOT Highways and Local Programs Project Development Engineer in consultation with the AGENCY. VH Employment The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from the AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a Page 3 of 8 third party as a consequence of any act or omission on the part of the CONSULTANT'S employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of the contract, any professional or technical personnel who are, or have been, at any time during the period of the contract, in the employ of the United States Department of Transportation, or the STATE, or the AGENCY, except regularly retired employees, without written consent of the public employer of such person. VIII Nondiscrimination During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest agrees to comply with the following laws and regulations: Title VI of the Civil Rights Act of 1964 (42 USC Chapter 21 Subchapter V Section 2000d through 2000d -4a) Federal -aid Highway Act of 1973 (23 USC Chapter 3 Section 324) Rehabilitation Act of 1973 (29 USC Chapter 16 Subchapter V Section 794) Age Discrimination Act of 1975 (42 USC Chapter 76 Section 6101 et seq.) Civil Rights Restoration Act of 1987 (Public Law 100-259) American with Disabilities Act of 1990 (42 USC Chapter 126 Section 12101 et. seq.) 49 CFR Part 21 23 CFR Part 200 RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "H" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "H" in every sub -contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT as shown in Exhibit "I" for the type of AGREEMENT used. No payment shall be made for any work completed after ten (10) days following receipt by the CONSULTANT of the Notice to Terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth herein above, then no 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. Page 4 of 8 In such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the work performed at the time of tei,uination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth above. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to perform is without the CONSULTANT'S or it's employee's default or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervisory personnel assigned to the PROJECT, or dissolution of the partnership, termination of the corporation, or disaffiliation of the principally involved employee, the surviving members of the CONSULTANT hereby agree to complete the work under the terms of this AGREEMENT, if requested to do so by the AGENCY. This subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the AGENCY so chooses. In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the CONSULTANT, with the AGENCY'S concurrence, desire to terminate this AGREEMENT, payment shall be made as set forth in the second paragraph of this section. Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform work required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X Changes of Work The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof. Should the AGENCY fmd it desirable for its own purposes to have previously satisfactorily completed work or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under Section XIV. XI Disputes Any dispute concerning questions of fact m connection with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided, however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to de novo judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit "J", and disputes conceming claims will be conducted under the procedures found in Exhibit "K". XII Venue, Applicable Law, and Personal Jurisdiction In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties to such action shall have the right of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington, situated in the county in which the AGENCY is located. Page 5 of 8 XIII Legal Relations The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this AGREEMENT. This contract shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT; provided that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold harmless the AGENCY or the STATE from claims, demands or suits based solely upon the conduct of the AGENCY or the STATE, their agents, officers and employees; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT'S agents or employees, and (b) the AGENCY or the STATE, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon such negligence (2) the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents or employees. The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor. The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the PROJECT. Subject to the processing of a new sole source, or an acceptable supplemental agreement, the CONSULTANT shall provide On -Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall not exceed one million dollars ($1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the CONSULTANT, the AGENCY will be named on all policies as an additional insured. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to the AGENCY. No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this AGREEMENT or one million ($1,000,000) dollars, whichever is the greater, unless modified by Exhibit "L". In no case shall the CONSULTANT'S professional liability to third parties be limited in any way. Page 6 of 8 The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY and the STATE may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. XIV Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of the AGREEMENT in the services to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the work under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of the AGREEMENT, the AGENCY shall make an equitable adjustment in the (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify the AGREEMENT accordingly. C. The CONSULTANT must submit any "request for equitable adjustment", hereafter referred to as "CLAIM", under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of the AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs (A) and (B) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XV Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XVI Federal and State Review The Federal Highway Administration and the Washington State Department of Transportation shall have the right to participate in the review or examination of the work in progress. XVII Certification of the Consultant and the Agency Attached hereto as Exhibit "M -1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "M -2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit "M-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "M-4" Certificate of Current Cost or Pricing Data. Exhibit "M-3" is required only in AGREEMENTS over $100,000 and Exhibit "M-4" is required only in AGREEMENTS over $500,000. XVIII Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this AGREEMENT. XIX Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof. Page 7 of 8 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. BY NLVI- Consultant KPG, Inc DOT Form 140-089 EF Revised 3/2008 Page 8 of 8 EXHIBIT A-1 City of Tukwila Thorndyke Elementary Safe Routes to School Scope of Work September 12, 2013 PURPOSE: This project includes preparation of final Plans, Specifications and Estimates for the Thorndyke Elementary Safe Routes to School Project. Project elements include 6' sidewalk, curb and gutter on one side of the roadway; storm drainage replacement, and pedestrian countdown modules at the signalized intersection of 42nd Avenue South and South 150th Street. Illumination upgrades on existing SCL poles will be coordinated by the City and are not included in this scope of work. Work includes necessary supplements to existing base mapping, design, National Environmental Protection Agency (NEPA) environmental documentation, and franchise utility notification. SCOPE OF WORK: Task 1 Project Management 1.1 The estimated project duration is 6 months. The Consultant shall provide overall project management including: • Project staff management and coordination • Subconsultant management and coordination • Prepare and update project schedule • Schedule and budget monitoring 1.2 Provide QA / QC reviews by senior staff of all major deliverables prior to submittal to the City. Task 2 Prepare Base Maps and Geotechnical Review 2.1 The Consultant shall perform field topographic survey and update existing base maps to include the east half of the 42" Avenue S / S 150th Street intersection. 2.2 The Consultant will perform field reviews using a smart level and prepare maximum extent feasible (MEF) documentation for the deficient ramps at the City of Tukwila KPG, Inc. Thorndyke Elementary SRTS Page 1 of 3 September, 2013 intersection. Roadway slopes in the area will not permit full compliance with ADA requirements. 2.3 The Consultant shall coordinate geotechnical review of the corridor. Geotechnical studies will be performed by GeoDesign under subcontract to the Consultant in accordance with the scope of work included in Attachment 1. Task 3 100% Plans, Specifications, and Estimate The Consultant shall prepare Final Plans, Specifications and Estimates for advertisement and award 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. Final bid documents will be signed by a licensed professional engineer in the State of Washington. 3.1 The Consultant shall prepare 50% Plans and Estimate for City review and comment. 3.2 The Consultant shall incorporate City comments and prepare 90% Plans, Specifications, and Estimate for City review and comment. Specifications will be based on WSDOT/APWA standards and applicable LAG standards to meet funding agency requirements. 3.3 The Consultant shall incorporate comments and finalize bid documents. Bid documents will be uploaded to bxwa.com for advertisement. Fees for advertisement will be paid by the City. 3.4 The Consultant shall provide bid period services to include responses to bidder inquiries, preparation of addenda, attendance at bid opening, preparation of bid tabulation, and recommendation to award or reject the apparent low bidder. The budget assumes a straight forward review process with the low bidder receiving the contract award. Task 4 Permitting and Agency Coordination 4.1 The Consultant shall distribute 50% and 90% to utility providers along the corridor for verification of their facilities and identification of any necessary upgrades or repairs prior to overlay. 4.2 The Consultant shall coordinate and provide graphic support for NEPA documentation. NEPA documentation will be performed by Widener and Associates under subcontract to the Consultant in accordance with the scope of work included in Attachment 2. City of Tukwila KPG, Inc. Thorndyke Elementary SRTS Page 2 of 3 September, 2013 4.3 The Consultant shall coordinate with WSDOT to obtain authorization to advertise for bids. This work is anticipated to include submittal of NEPA documents, project specifications, and ADA compliance/Maximum Extent Feasible (MEF) documentation at curb ramps. ADDITIONAL SERVICES: The City of Tukwila may require other services of the consultant. These services could include additional design, right of way, environmental documentation, construction phase services, or other work tasks not included in the scope of work. At the time these services are required, the Consultant will provide the City with a detailed scope of work and an hour and fee estimate. The Consultant will not proceed with the work until the City has authorized the work and issued a Notice to Proceed. Assumptions: • Typically, only surface utilities requiring adjustment to grade will be shown. • Drainage & Water Quality Reports will not be required. • Environmental Documentation requirements will be in accordance with the scope of work included in Attachment 2. • No storm, sewer, water, or electrical upgrades are required beyond loop replacement and casting adjustments. • No right of way determination or acquisition is required. Deliverables • 50% review submittal with Plans and Estimate (5 copies) • 90% review submittal with Plans, Specifications, and Estimate (5 copies) • Routing of 50% and 90% Plans to utilities for review and comment. • Bid Documents and Engineer's Estimate for 2013 Overlay Program • 10 sets of Plans (11" X 17") and specifications for the Bid Documents. • Coordinate upload of Plans and Specifications to Builders Exchange. City of Tukwila KPG, Inc. Thorndyke Elementary SRTS Page 3 of 3 September, 2013 RIEDESIGN(i-,6 r T 4- -1, September 9, 2013 KPG, Inc. 753 9t Avenue North Seattle, WA 98109 Attention: Mr. Nelson Davis, P.E. INTRODUCTION 6 -TI Proposal Geotechnical Engineering Services Thorndyke Elementary Safe Routes to School Tukwila, Washington GeoDesign Project: KPG-29-01 GeoDesign, Inc. is pleased to present this proposal to provide geotechnical engineering services to support the Thorndyke Elementary Safe Routes to School project that will improve pedestrian safety and traffic along South 150' Street in Tukwila, Washington. We understand that geotechnical services are required to support the design of replacing and widening the existing road, including the addition of a sidewalk along the south side of the roadway. The project extends along South 150" Street from Pacific Highway South to 42'd Avenue South for a distance of approximately 1,400 feet. The existing roadway is relatively narrow with one lane in each direction and no sidewalks. A shoulder area approximately 5 feet in width is marked along the north side of the roadway. We visited the site on September 6, 2013 to help prepare this proposal. The asphalt pavement in the eastbound lane is in poor to moderate condition with alligator cracking. The south edge of the eastbound lane has failed and been repaired with joint sealer compound. A utility trench patch for a new waterline extends along the northern portion of the westbound lane throughout most of the project area, except where it crosses to the south side of the eastbound lane near the intersection with 42nd Avenue South. The pavement thickness along the edge of the road was explored at three locations by probing with a steel rod and was found to vary from 1.5 to 3 inches thick. Geotechnical services are required to provide information on existing pavement thickness and subgrade conditions to support reconstruction of the roadway and widening to construct the sidewalk area. 10700 Meridian Avenue North, Suite 210 I Seattle, WA 98133 1206.838.9900 www.geodesigninc.com SCOPE OF SERVICES The purpose of our geotechnical services will be to provide geotechnical recommendations to support the project. Our specific scope of our services is summarized as follows: • Review preliminary plans of the project and construction records for the waterline replacement project, if available. • Coordinate and manage the field investigation, including preparing a street -use right-of-way (ROW) application along with a proposed traffic control plan. • Mark boring locations and request public utility locates. Two trips to the site will be required: one to mark the boring locations in order to get the utility locates completed and to evaluate traffic control requirements for the field work and a second trip to review utility locates and boring conflicts, if any. The traffic control plan and identification of any parking spots that will need to be blocked off during the drilling and anticipated work hours will be provided in the traffic control plan. • Explore subsurface conditions by completing up to seven shallow soil borings within and adjacent to the roadway. The borings will extend approximately 8 feet below the bottom of the planned pavement section. The borings will be spaced approximately 200 feet apart; spacing and number may be revised depending on the soil conditions encountered. The asphalt will be cored at each location, and drilling will be completed using hollow -stem auger drilling techniques. Samples will be collected using the SPT test and the standard split - spoon. Samples will be collected at approximately 1- to 2 -foot intervals to the bottom of the borings. Our representative will collect soil samples and maintain a log of the subsurface conditions encountered. We anticipate traffic control services, including two flaggers, will be required when working within the ROW and that parking will need to be blocked off during the field work in order to access the drilling locations. A separate site visit will be necessary in order to erect the no parking barricades prior to performing the drilling. During this visit we will also verify that there are no utility conflicts with the proposed locations. We anticipate that each boring can be drilled in approximately one hour, after which the area will be cleared and parking can be opened. The proposed drill rig will be a small trailer -mounted rig that will only occupy one lane. • Complete laboratory analyses on disturbed soil samples obtained from the explorations, including up to five moisture content tests and one resilient modulus test for pavement design. GEO DESIGN1 2 KPG-29-01:090913 • Prepare a report summarizing our findings, conclusions, and recommendation related to the following: • Subsurface soil and groundwater conditions and results of laboratory testing • Thickness of existing asphalt at the exploration locations • Subgrade preparation recommendations • Luminaire/signal pole foundation • Recommended pavement section; we anticipate that the City of Tukwila (City) can provide traffic count and classification data • Short embankments and/or retaining structures less than 4 feet in height. SCHEDULE We will begin work on the project upon your notification to proceed. We have checked on the availability of local drillers and anticipate that the drilling can be completed within approximately three weeks of notice to proceed, assuming that a ROW permit can be obtained within aweek after submittal. We expect the soil borings will take approximately one day to complete. The work will be coordinated and scheduled with you and the City to avoid/minimize impacts to traffic, pedestrians, local businesses, and Thorndyke Elementary School. Laboratory testing for will take about one week to complete. Our report will be available within two to three weeks after completion of the field explorations. Preliminary results can be provided as necessary. FEE Our services will be completed on a time and materials basis in accordance with our Schedule of Charges and General Conditions, which are attached to and are part of this proposal. The estimated project cost for each task summarized above is summarized below and a detailed cost estimate is provided as an attachment. Activity Expenditures Subcontractors Utility Locate, Drilling, and Traffic Control Subcontractors $4,150 GeoDesign, Inc. Logistics, Field Work, Locates, and Traffic Control Plan $1,710 Laboratory Testing 1 ,200 Geotechnical Analyses, Report, and Project Management 1.930 Subtotal $4,840 GEO Total $8,990 DESIGN= ♦♦♦ 3 KPG-29-01 :090913 Exhibit A-1, Attachment 2 SCOPE OF WORK Task 1- Data Collection Widener with assistance from the City will collect available documentation concerning the project activities and pertinent biological information. Biological information will include priority habitat and species data from the Washington State Department of Fish and Wildlife along with rare plant and high-quality ecosystem data from WDNR. The above data along with past permit actions in the project area will provide a basis for conducting an onsite habitat survey of the project and the adjoining seabed. All habitat areas will be mapped and documented in the project base map. Task 2 — APE/Exemption Letter This work would include the preparation of an APE/Exemption Letter in accordance with the LAG manual. The work will include the following subtasks. 1. Pertinent literature on the archaeology, ethnography, and history of the project area will be reviewed to determine the existence of archaeological sites and to refine the probability of archaeological resources and traditional cultural places in the project areas. 2. A field reconnaissance consisting of a visual survey will be conducted to identify previously recorded and/or unrecorded archaeological sites for the proposed project where ground -disturbing activities are expected to take place. An APE/Exemption letter will be prepared and submitted to WSDOT for approval. Rights -of -entry will be provided by the City. Deliverables 1. Electronic copies of a draft APE/Exemption Letter incorporating City comments. 2. Electronic final letter incorporating WSDOT comments will be provided to the City and WSDOT. Task 3 — Section 7 Endangered Species Act Compliance Documentation. A No Effect analysis will be prepared in accordance with WSDOT guidelines and incorporated into the ECS. The following subtasks will be undertaken in preparation of the form. 1. Conduct a field reconnaissance to investigate on-site habitat conditions. 2. Make telephone contact with the appropriate resource agency staff for input on species occurrence, habitat use, and potential project impacts. 3. Prepare documentation for a No Effect Determination incorporated into an ECS Deliverable 1. No effect analysis which will be attached to the ECS. Exhibit A Scope of Work for Environmental Services for Thorndyke Elementary Safe Routes to School City of Tukwila WIDENER & ASSOCIATES September 2013 Wage Exhibit A-1, Attachment 2 SCOPE OF WORK Task 4 — ECS Services will be provided to prepare the Environmental Classification Summary (ECS) form by reviewing technical reports related to the project, applying project -specific data to the form and coordinating approval for the project by both WSDOT and FHWA. Deliverables 1. Electronic copies of the draft ECS will be provided. 2. Electronic copies of the final ECS documentation will be provided incorporating City comments. 3. Electronic copies of the final ECS documentation 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. Exhibit A Scope of Work for Environmental Services for Thorndyke Elementary Safe Routes to School City of Tukwila WIDENER & ASSOCIATES September 2013 2IPage EXHIBIT C Electronic Exchange of Engineering and Other Data Electronic Deliverables include digital photos (.jpg), scanned or electronic documents (.pdf, .doc, .xls, AutoCAD Civil3D 2013, etc.), and progress schedules (if provided by the Contractor in .mpp). Data is to be transferred by email, CD, or FTP site(s). Agency OS is Windows 7, Agency email software is Microsoft Outlook 2010, Software Suite is Microsoft Office 2010. Exhibit D-2 Payment (Cost Plus a Fixed Fee) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work specified in Section II, "Scope of Work." The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost, overhead, direct non -salary costs, and fixed fee. 1. Direct Salary Costs: The Direct Salary Cost is the direct salary paid to principals, professional, technical, and clerical personnel for the time they are productively engaged in work necessary to fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the direct salary costs billed to the AGENCY. 2. Overhead Costs: Overhead Costs are those costs other than direct costs, which are included as such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall be made at the rate shown in the heading of this AGREEMENT under "Overhead Progress Payment Rate." Total overhead payment shall be based on the method shown in the heading of the AGREEMENT. The two options are explained as follows: a. Fixed Rate: If this method is indicated in the heading of the AGREEMENT the AGENCY agrees to reimburse the CONSULTANT for overhead at the percentage rate shown. This rate shall not change during the life of the AGREEMENT. b. Actual Cost: If this method is indicated in the heading of the AGREEMENT the AGENCY agrees to reimburse the CONSULTANT the actual overhead costs verified by audit, up to the Maximum Total Amount Payable, authorized under this AGREEMENT, when accumulated with all other Actual Costs. A summary of the CONSULTANTS cost estimate and the overhead computation is shown in Exhibit "E" attached hereto and by this reference made part of this AGREEMENT. When an Actual Cost method is used, the CONSULTANT (prime and all sub -consultants) will submit to the AGENCY within six (6) months after the end of each firm's fiscal year, an overhead schedule in the format required by the AGENCY (cost category, dollar expenditures, etc.) for the purpose of adjusting the overhead rate for billing purposes. It shall be used for the computation of progress payments during the following year and for retroactively adjusting the previous year's overhead cost to reflect the actual rate. DOT Form 140-089 EF Exhibit D-2 Revised 6/08 Failure to supply this information by either the prime CONSULTANT or any of their sub - consultants shall cause the AGENCY to withhold payment of the billed overhead costs until such time as the required information is received and an overhead rate for billing purposes is approved. The AGENCY, STATE and/or the Federal Government may perform an audit of the CONSULTANT'S books and records at any time during regular business hours to determine the actual overhead rate, if they so desire. 3. Direct Non -Salary Costs: Direct Non -Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges and sub - consultant costs. a. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the AGENCY'S Travel Rules and Procedures. However, air, train, and rental car costs shall be reimbursed in accordance with 48 CFR Part 31.205-46 "Travel Cost b. The billing for Direct Non -Salary Costs shall include an itemized listing of the charges directly identifiable wh the PROJECT. c. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. d. All above charges must be necessary for the services provided under this AGREEMENT. 4. Fixed Fee: The Fixed Fee, which represents the CONSULTANT'S profit, is shown in the heading of this AGREEMENT under Fixed Fee. This amount does not include any additional Fixed Fee, which could be authorized from the Management Reserve Fund. This fee is based on the Scope of Work defined in this AGREEMENT and the estimated person - hours required to perform the stated Scope of Work. In the event the CONSULTANT enters into a supplemental AGREEMENT for additional work, the supplemental AGREEMENT may include provisions for the added costs and an appropriate additional fee. The Fixed Fee will be prorated and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not previously paid in the progress payments will be covered in the final payment, subject to the provisions of Section IX entitled "Termination of Agreement." 5. Management Reserve Fund: The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. 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 Management Reserve Fund is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the Management Reserve Fund shall be made in accordance with Section XIV, "Extra Work."6. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the Management Reserve Fund. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIV, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT. B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of Actual Costs plus the calculated overhead and fee on a monthly basis during the progress of the work. Such billings shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under Section III, "General Requirements" of this AGREEMENT. The billings will be supported by an itemized listing for each item including Direct Salary, Direct Non -Salary, and allowable Overhead Costs to which will be added the prorated Fixed Fee. To provide a means of verifying the billed salary costs for CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the PROJECT at the time of the interview. C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit, all required adjustments will be made and reflected in a final payment. hi the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty (30) days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT has twenty (20) days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. D. Inspection of Cost Records: The CONSULTANT and their sub -consultants shall keep available for inspection by representatives of the AGENCY, STATE and the United States, for a period of three (3) years after receipt of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this contract is initiated before the expiration of the three (3) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. EXHIBIT E-1 HOUR AND FEE ESTIMATE City of Tukwila a) lL Labor Hour Estimate `o 09 0 aT_ U u) c '9 tO 0 (0 O m (V C CN 0) A- W yq O Ef3 E9 O O O O O O O O O O O O O O O O O O O O CO r 0 cE to v as a) n) E c O O ca u) 'O •E a 0 co 0co c c m cm E ai > E 0) m c 2 2CO a 2Ci Y r N N CO r r m E9 69 69 0 O N co 0 0) CO a EA El9 EA O N N O O O O CO O O O O O O CO 7 O N O O O O O CO N O O O O O N O N a) m Ta c 0 N O m 90 a t w O as CO LLLLI 0 2 o a) (;) 0� n N N N N w O) 0 O ER 0 n (00 0 0 CO (C) O 3 (0 (D 94) a0 O O O i.- O) a N O M a0 O) N o E9 E9 Efl E9EA E9 CO co N O O O O O O O O 0 O O O O O O N O (O O co M CO O 0 O O O -c N CO N O N co N CO S9 m E 0 O G a. G. 1- a M CO N N M (O M M M M O 0 a) 7 o 0 a�0i a ce CD a) N CO a a E .E ce tY Task Total co co n o C— C-- O CO O 10 0 0) N O N co o 01 O O0 00 Of csi N0) C9 (O O E9 Ef) EA E9 69 Efl E9 N O O O O O O O O O O O O O O O N (0 O O O CO N O O O O N co co t'+ E a`) a Y N F c 0 C a) 7 0 () c O) o O (a -o N d C LU L' E a) U o 15 co z0 .0 c - o a _ o N M Total Estimated Fee: $ E9 0 0 OS E9 10 CO CCiN EA 0 0 90 c`) E9 C N M E9 CO 0 CO E9 O_ (0 O E9 co (C) v O M EXHIBIT F WPWashington State Department of Transportation Paula J. Hammond, P.E. Secretary of Transportation August 10, 2012 Susan Rowe KPG, Inc. 753 9th Ave N Seattle WA, 98109 Transportation Building 310 Maple Park Avenue S.E. P.O. Box 47300 Olympia, WA 98504-7300 360-705-7000 TTY: 1-800-833-6388 www.wsdot.wa.gov Re: KPG, Inc. Overhead Schedule Fiscal Year End December 31, 2011 Dear Ms. Rowe: We have completed a desk review of your overhead schedule for the above referenced fiscal year. Our review included the documentation provided by KPG, Inc. The reviewed data included, but was not limited to; the schedule of the indirect cost rate, a description of the company, basis of accounting and description of KPG, Inc. accounting system and the basis of indirect costs. Based on our work, we are issuing this letter of review establishing KPG, Inc. overhead rate for the fiscal year ending December 31, 2011 at 145.78% (rate includes Facilities Cost of Capital) of direct labor. Costs billed to actual agreements will still be subject to audit of actual costs. Please check with the WSDOT Consultant Services Office (HQ) and/or the WSDOT Area Consultant Liaison to determine when this reviewed rate will be applicable to your WSDOT agreement(s). Also, remember that when you provide next year's overhead schedule to our office, you will also need to submit either your internally prepared Compensation Analysis for our review, or use the National Compensation Matrix (NCM) format to prepare your alternate analysis and we will review that. The NCM is a tool that establishes compensation amounts presumed reasonable for certain executive positions. The Compensation Analysis and NCM are described further in the AASHTO Audit Guide, Chapter 7. We will need your Compensation Analysis, or alternative analysis based on use of the NCM, in order to complete our review of your overhead schedule. Ms. Rowe August 10, 2012 Page 2 If you, or any representatives of KPG, Inc. have any questions, please contact Martha Roach, Jeri Sivertson, or Steve McKerney at (360)705-7003. Sincerely, Martha S. Per-e-ek S. Roach Agreement Compliance Audit Manager MR:ds Enclosures cc: Steve McKerney, Director of Internal Audit Jeri Sivertson, Assistant Director of Internal Audit Larry Schofield, MS 47323 File Description KPG, Inc. 2011 Overhead Schedule For FY Ending December 31st, 2011 Financial Statement Accepted Amount KPG Adj. WSDOT Adj. Ref. Amount Direct Labor $2,817,914 $3,600 Q $2,821,514 100.00% Fringe Benefits: Vacation, Sick, & Holiday $556,434 $556,434 19.72% Payroll Taxes 252,650 131,345 Q 383,995 13.61% Health Insurance 466,347 466,347 16.53% Workers' Comp. Insurance 19,953 19,953 0.71% Holiday Bonus 6,100 (6,100) M 0 0.00% Profit Sharing (401-k) 73,279 73,279 2.60% Total Fringe Benefits $1,374,762 $0 $125,245 $1,500,007 53.16% General Overhead: Indirect Labor $1,155,440 ($5,139) ($140,386) A,N $1,009,915 35.79% Bid & Proposal Labor 318,208 318,208 11.28% Accounting & Legal 31,829 (12,475) 8,400 F, T 27,754 0.98% Automobile 90,792 (29,081) (28,118) B, O 33,593 1.19% Bank Charge 6 6 0.00% Donations 2,350 (2,350) J 0 0.00% Conferences 16,493 (2,680) D,J,L 13,813 0,49% Organizations 22,259 (78) E 22,181 0.79% Publications 5,027 5,027 0.18% Employee Services 52,297 (52,297) P (0) 0.00% Interest 6,365 (6,365) G 0 0.00% Licenses 7,804 7,804 0.28% Meals 42,499 (42,499) H 0 0.00% IT - Computer 121,894 121,894 4.32% IT - Telephone 101,895 (1,055) 15,738 D,Q 116,577 4.13% IT - Training 15,986 15,986 0.57% Office Supplies 52,745 52,745 1.87% Payroll Services 6,653 6,653 0.24% Postage & Delivery 3,274 3,274 0.12% Printing 4,002 4,002 0.14% Recruiting Costs 311 311 0.01% Rent 547,488 (270,210) (32,006) K, R 245,272 8.69% Repairs & Maintenance 60,173 60,173 2.13% Shareholder Buyout 94,086 (18,650) (75,436) G,S 0 0.00% Survey 46,150 46,150 1.64% Taxes & Insurance 405,108 (20,968) C 384,140 13.61% Travel 8,396 (8,396) H (0) 0.00% Utilities 36,211 36,211 1.28% Depreciation 146,622 (88,959) I 57,663 2.04% Total General Overhead $3,402,361 ($508,904) ($304,105) $2,589,352 91.77% Total Overhead Costs Overhead Rate (Less FCC) $4,777,123 ($508,904) ($178,860) $4,089,359 144.93% 169.53% 151.47% Page 1 144.93% Description KPG, Inc. 2011 Overhead Schedule For FY Ending December 31st, 2011 Financial Statement Accepted Amount KPG Adj. WSDOT Adj. Ref. Amount Facilities Cost of Capital Overhead Rate (Includes FCC) KPG Corp - Reviewed & Accepted 8/10/2012, MJP "Overhead Rate still subject to WSDOT Audit" $23,756 0.84% $4,113,115 145.78% References KPG Adjustments: Al Overtime premium unallowable $486 per 48 CFR 22.103-1, 22.103-4(g) A2 Severance pay unallowable $4,653 B Mixed use auto allowances ? 1/2 of $58,161 per 48 CFR 31.205-6 (m) (2) and 31.205-46 (d) C Key person life insurance unallowable $20,968 per 48 CFR 31.205-19(e)(2)(v). D1 Advertising unallowable (1/2 page ad) $225 per CFR 31.205-1 D2 Advertising unallowable (yellow pages) $1,055 per CFR 31.205-1 E Lobbying unallowable $78 per CFR 31.205-22 F Tax preparation fees unallowable $12,475 per 48 CFR 31.205-41 (b) (1), 31.201-6 (a), S -Corp GI Interest unallowable $6,365 per 48 CFR 31.205-20. G2 Interest unallowable $18,650 per 48 CFR 31.205-20. 111 Inadequate supporting documentation unallowable (meals) $42,499 H2 Inadequate supporting documentation unallowable (travel) $8,396 I Accelerated depreciation unallowable $88,959 Jl Donations Unallowable $2,350 J2 Donations Unallowable $560 K Common Control Rent adjustment $270,210 L Entertainment unallowable (golf) $1,895 WSDOT Adjustments: M Bonus is not performance based all employees revived $100 Holiday gift, 48 CFR 31.205-6 (f), AASHTO Chp 7.12 N Two .Employee's received $50,000 each of unallowable distributions, payment for Gym, $2,609 is unallowable 48 CFR 31.205-13 (c), medical payment already in fringe benefits $38,263,WSDOT overhead policy expired with OH's for 2009 (see ref Al) $486 now allowable. O Personal use of Auto's unallowable removed 63% of all Auto accounts, per mileage log provided by firm, 48 CFR 31.205-46 (d) P Entertainment, Gifts, Dinners and Gym membership is unallowable 48 CFR 31.205-13 (b), 31.205-14, Q Improper calculation, firm missed $15,738 indirect expense and $3,600 of direct labor, taxes in addition to FICA not expensed in the amount of $131,345 R $32,006 of sub -leased rent received, 48 CFR 31.201-5 S Organization cost of shareholder buyout is unallowable 48 CFR 31.205-6 (i) & 31.205-27 T WSDOT Overhead policy expired with 2009 Overhead, see Ref F, $8,400 tax Prep fee's allowable, $4,075 of S -Corp personal tax Prep still unallowable Page 2 Exhibit G & G-1 Subcontracted Work/Fee Determination The AGENCY permits subcontracts for the following portions of the work of this Agreement: CNI Locates — Field Utility Locates Task 2 (Prepare Base Maps) Total Budget is $1,000.00 as shown in the Budget and Expenses section of Exhibit E-1. GeoDesign Inc - Geotechnical Review Task 2 (Prepare Basemaps) Total budget is $8,990.00 as shown in the Budget and Expenses section of Exhibit E-1. Widener & Associates — NEPA Documentation Task 4 (Widener & Associates) Total budget is $5,980.00 as shown in the Budget and Expenses section of Exhibit E-1. GeoDesign, Inc. FEE SUMMARY Project: Tukwila - Safe Routes to School- Thorndyke Elementary �..—',iI41 931'1' 4'1-- Job No. HPG -29-01 Standard Schedule (SS) or Direct Salary Cost (DSC) 1 DSC Labor Rate Z. Direct Salary Cost (DSC) GeoDesign OH Rate, If.DSC-calculation is.used Senior Lab Tech 172.23% If Labor Is DSC Is the Fixed Fee. = FF x 1DSC+OH) 1 NO Allowable Handling Charge CLASSIFICATION 12.00% Fixed Fee Date 8)9(2013 Include Laboratory Cost a8 Labor Hours NO 11 answered "YES" Enter Labor Division: Engineering and Report Senior Lab Tech 25% Lab Technician 1 75% GEODEBIGN LABOR -Summery from Geodesign Hours Worksheet PROJECT PHASES OR TASKS Field Work Engineering and Report Laboratory Testing SubContractors Total Hours Labor Rate Cost 1. 2. 3 4. 5. 5. 7. 8. 9. 10, 11, 12, 13, 14, 15. 16. CLASSIFICATION Prhopal 15 4.0 10 65 55714 $371 Senior Assoeta)e 55217 ASsodate 54907 5enlor Ptoleet Manager 144.12 Pitied EDW II 1.93 939.85 ProlettEngineerrsoomptnl Stab M534.16 EngineedngrseaogiCal Stott Il 14.0 70 210 53105527.02 5852 Engineering: e0 05)c4l Starr I 20 526.09 528.09 552 Senior Tedvtdan (rah) 20 CAD Tetteadan 1) _ Technician (tab) 321.17 Senior PrdeetAss)fWnt 4,0 4.0' 92484 599 - Pro)eetAssistant 922-44 Support StAO 2.0 20 $19.57 539 OVERHEAD FIXED FEE = Fixed Fee ' SUBTOTAL • Labor 5520 (OH) COST (Incluring Salary Additives) 896 (FF): x (DSC) 01'30% x (51214,29) 155 5637 557 1,098 98 191 17 031-5124,W, 55173.'4",. .cI_ 35,5 <_: 21A S7.r'91 `381 "ia' `T*r'N z Unit Rale 51,214 2,091 364 '53870 ' I brLASOR. ' '" .. .. '£m, OS $0.573. EQUIPMENT Extended Field Work Engineering and Report Laboratory Testing SubContrattots VEHICLE .Oedkrelan. FOS 2 f74T MOO 540.00 VEHICLE • Wean* 160 6968 $0.80 -996.00 • , sheTSITALEQOPASK„a- r; AP', MO l.Z2 4 REIMBU Find Rare ARLES; Unit Rate Extended Field Work Engineering and Report Laboratory Testing SubContractors Pemba eaM x'00 0ENOT �l.RE$ 8URSA90ES LABORATORY �... . TESTING: Unit Rate Extended Field Work Engineering and Report Laboratory Testing Subcontractors Moisture- Wen 5 to 525 3125,00 Reath Mod,Aus Remo.ld+Proaa.SarnpIePoeP 1 es 5900 590080 e 9uerg_TALt4 T'�- =r,.' - _.r _... .,. - , $i SUBCONTSACTORB Boards tax when sock able) SUBTOTAL HC Emended Field Work Engineering and Report Laboratory Testing SubContractors GcgrgtcD 8 92.600 82.600 $312 $2,912 UtSStvlooafq 1200 5200 524 $224 Tattle Cooke 5900 9900 5108 51008 144 ,-,a- }3.7pb '1444 a. - __,,a_._ •s�,i4+: 54,144 41,944 Field Work Engineering Laboratory Subcontract and Report Testing ora -. AC L SUB, OTAL° = - S_ � .. , � -".- itOlJ1W J Un 5Q TTLtTAL D'' =H E in IC 7 3�,... O9 rte' 61,710 $1.850 . 99 r 44, .= ,se_..A74$A i�tb...,� 55.200 54,1570 48,950 y ". . " ` _ _ ;: 3�.r :Pi $e,974.a4.,4} TOTAL- ESTIM/,ED„ E, '” y Prepared or Checked By: 9020 Date: Date: For: KPG - Nelson Davis Exhibit G-2 Thorndyke Elementary SRTS City of Tukwila Cost Estimate From: Widener Associates Project Manager Project Biologist Hours Hours Task 1- Data Collection DNR 0 4 WDFW 0 4 Site Visit/Survey 4 4 Task 2 - APE Exemption APE 4 8 Task 3 — Compliance Documentation for No Effect Documentation 2 6 Task 4 — ECS Draft 2 12 Final 2 6 Total hours 14 44 Summary Hours Rate Cost Project Manager 14 $154.00 $2,156.00 Project Biologist 44 $86.80 $3,819.20 Expense Total Labor $5,975.20 TOTAL ESTIMATED COST $5,975.20 LOCATESLTD September 13th, 2013 KPG, Inc. Attn: Nelson Davis 753 9th Avenue N Seattle, WA 98109 EXHIBIT G-3 RE: Statement of Negotiated Rates City of Tukwila — Thomdyke Elementary Safe Routes to School This letter is to confirm that C -N -I Locates Ltd. does not have an audited overhead rate and that we contract for services based on a negotiated hourly rate that includes direct salary, overhead, and fee. The rates below are the lowest rates charged to our preferred customers. I also confirm that all direct non -salary costs will be invoiced without markup. LEAK DETECTION IDENTIFICATION OF LIOUID AND AIR LEAKS: Utilizing both electromagnetic and acoustic locating equipment to identify leaks. MAGNETIC DETECTION IDENTIFICATION OF FERROUS AND NON-FERROUS METALS: Utilizing Magnetic Locators to identify a variety of utilities, i.e. well casings, septic tanks, manhole covers, iron pipes, survey/Omni markers, valve boxes, steel drums, and fuel storage. METALLIC LINE DETECTION UTILITIES W/NO BREAK IN ELECTRICAL CONTINUITY: Utilizing radio frequency electromagnetic transmitters and receivers to tone and locate Electrical, Phone, Gas, TV, Sewer, Water and Storm Lines. NON-METALLIC PIPE DETECTION IDENTIFICATION OF NON-METALLIC UTILITIES: Accomplished by Inserting a variety of transmitters and or insulated tracer wires and then pinpointing their location with radio frequency electromagnetic receivers, at depths of up to 100 feet. GPR CONCRETE & STRUCTURAL SCANNING (GPR) GEOPHYSICAL METHOD THAT USES RADAR PULSES TO IMAGE FLOORS, WALLS AND CEILINGS: Used to locate rebar, plastic and metal conduits, locate and estimate depth of post -tension cables, determine cover depth, detect deterioration, discover voids, detect current carrying cables, etc. GPR SUBSURFACE UTILITY SCANNING (GPR) GEOPHYSICAL METHOD THAT USES RADAR PULSES TO IMAGE THE SUBSURFACE: GPR can be a powerful tool for mapping the location and depth of metallic, non-metallic, plastic, concrete and asbestos -concrete utilities and detects the reflected signals from subsurface structures. CRITICAL FACILITY STANDBY PROVIDING UNDERGROUND UTILITY INSPECTION SERVICES: Monitoring construction activities within a five foot margin of communications or petroleum facilities. $ 125 PER HR $ 80 PER HR 80 PER HR $ 105 PER HR $ 200 PER HR $ 180 PER HR $ 60 PER HR EXHIBIT G-3 ELECTRICAL FAULT DETECTION IDENTIFICATION OF ELECTRONIC GROUND FAULTS: Utilizing a Multi -Meter, radio frequency electro- magnetic transmitter and receiver, with A -frame, to identify precise location of electronic ground faults. MAINTENANCE LOCATING VERIFY AND MAINTAIN FIELD LOCATE MARKINGS. APPLIED BY PUBLIC UTILITY OWNERS: This successful consulting service is used on large, lengthy projects, in an effort to comply with field marking requirements and meet project objectives. UTILITY DESIGN SURVEYS IDENTIFICATION OF PUBLIC AND PRIVATE UTILITIES: Field marking the location of all utilities in a specified area, for the purpose of preliminary engineering and planned development. VIDEO PIPE INSPECTION VIDEO CAMERA INSPECTION OF UTILITIES: Accomplished by inserting video cameras and electronic beacons through utilities in order to locate, inspect and video tape the condition of the facilities. $ 90 PER HR $ 80 PER HR $ 80 PER HR $ 135 PER HR We appreciate the opportunity to work with you on this project. If you have any questions or need additional information, please call. Sincerely, C -N -I Locates Ltd. Larry Gasser President PO Box 7740 Bonney Lake, WA 98391 (253) 826-1177 Office (253) 261-1868 Cell (253) 826-2232 Fax www.cnilocates.com Web larry@cnilocates.com E-mail "ITS A JUNGLE OUT THERE." ❖ 2 -HR MINIMUM, ALL SERVICES. HOURLY SERVICE RATE APPLIES TO ALL TRAVEL TIME (TO AND FROM PREVIOUS CLIENT OR FIELD OFFICE) ❖ EMERGENCY SERVICES --OVERTIME RATE APPLIES / AFTERHOURS & WEEKEND SERVICES--DOUBLETIME RATE APPLIES ❖ All travel over 100 miles billed at standard 2012 IRS Mileage reimbursement rate of $ 0.555/mile PO Box 7740 • Bonney Lake, WA 98391 TOLL FREE: 1-877-826-1177 • Phone: 253-826-1177 • Fax: 253-826-2232 VISIT OUR WEBSITE AT: WWW.CNILOCATES.COM OR E-MAIL US AT: JNFOPCNILOCATES.COM, `' Whit isn't Expensive. a , ff's, Priceless». Widener & Associates EXHIBIT G-3 Transportation & Environmental Planning J0108 32"d Avenue W Ste D Everett, WA 98204-1302 .Tel (425) 348-3059 Fax (425) 348-3124 September 13th, 2013 KPG, Inc. 753 9th Avenue N Seattle, WA 98109 Subject: Hourly Rate Statement Dear Nelson Davis, Contract Administrator Please consider this letter to be a statement of rates for DGK Inc. DBA Widener & Associates (Widener). It covers consulting work for; City of Tukwila on issues related to environmental permitting and coordination for this project. "City of Tukwila — Thorndyke Elementary Safe Routes to School" Widener is a five -person firm with no calculated overhead rate. We charge a flat hourly fee for services that is all-inclusive of direct salary, overhead and fee. The hourly fees offered for this contract are the lowest fees we offer for preferred clients. I also confirm that all direct nonsalary costs will be invoiced without mark-up. • Project Manager- $140.00 • Biologist - $86.80 We appreciate the opportunity to work with you on this project. If you have any questions or need additional information, please call at 425-503-3629. Sincerely, v� Ross L Widener Vice President WIDENER & ASSOCIATES � Washington State �I/ Department of Transportation Lynn Peterson Secretary of Transportation May 13, 2013 Jeff Tucker, Principal Geo Design, Inc. 15575 SW Sequoia Pkwy, STE 100 Portland, OR 97224-7195 Re; Geo Design, Inc. Indirect Cost Rate Schedule Fiscal Year End December 31, 2011 Dear Mr. Tucker: Transportation Building 310 Maple Park Avenue S.E. P.O. Box 47300 Olympia, WA 98504-7300 360-705-7000 TTY: 1-800-833-6388 www.wsdot.wa.gov REQ'�IED 2013 ;}ac. We have completed a desk review of Geo Design, Inc. indirect cost rate schedule for the above referenced fiscal year. Our review included the documentation provided by Geo Design, Inc. The reviewed data included, but was not limited to; the schedule of the indirect cost rate, a description of the company, basis of accounting and description of Geo Design, Inc. accounting system and the basis of indirect costs. Based on our work, we are issuing this letter of review establishing the Geo Design, Inc. indirect cost rate for the fiscal year ending December 31, 2011, at 172.23% of direct labor. Costs billed to actual agreements will still be subject to audit of actual costs. Please check with the WSDOT Consultant Services Office (HQ) and/or the WSDOT Area Consultant Liaison to determine when this reviewed rate will be applicable to your WSDOT agreement(s). Also, when you provide next year's indirect cost rate schedule to our office or to your CPA firm, please submit either your internally prepared Compensation Analysis, or the National Compensation Matrix (NCM) worksheet. If you, or any representatives of Geo Design, Inc. have any questions, please contact Martha Roach, Jeri Sivertson, or Steve McKerney at (360)705-7003. y, 41.1e, a S. Roach Agreement Compliance Audit Manager MR:ds Enclosures cc: Steve McKerney, Director of Internal Audit Jeri Sivertson, Assistant Director of Internal Audit Larry Schofield, MS 47323 File Description GeoDesign, Inc. Indirect Cost Rate Schedule For the Year Ended December 31, 2011 Financial Statement GeoDesign Accepted Amount Adj WSDOT Adj Ref Amount Direct Labor $2,350,847 $15,862 a. $2,366,709 100.00% Indirect Costs: Fringe Benefits Vacation $315,238 $315,238 13.32% Holiday 141,680 ($11,322) b. 130,359 5.51% Sick & Other Leave 99,004 788 c. 99,792 4.22% Payroll Taxes 456,917 456,917 19.31% Group Insurance (Includes Key Man) 431,066 (8,889) 6 422,177 17.84% Incentive Payments - Bonuses 502,231 (205,369) ($296,862) 14,E 0 0.00% Profit Sharing 0 0 0.00% Fitness Benefit 3,201 3,201 0.14% Retirement Benefits/40IK 120,385 120,385 5.09% Fringe Benefit 0 (160,455) P (160,455) -6.78% Total Fringe Benefits $2,069,722 ($224,791) ($457,317) $1,387,614 58.63% General Overhead Indirect Labor $1,817,394 ($405,515) ($240,476) 10,14,15,18,K $1,171,403 49.50% Bid & Proposal Labor 240,476 K 240,476 10.16% Labor Variance (257,301) (257,301) -10.87% COG - Lab & Field Supplies 153,716 (79,197) (4,756) 1,12,F 69,763 2.95% Building Rental and Expenses 386,064 386,064 16.31% Equipment Rental and Expenses 68,510 68,510 2.89% Utilities 831 831 0.04% Travel and Expenses - general 22,843 (8,326) 0 14,517 0.61% Employees' Expenses 121,509 (21,584) (16,619) 2,3,4,J 83,306 3.52% Taxes and Licenses - general 74,524 2,503 (44,627) 13,G 32,400 1.37% Depreciation and Amortization 257,599 (51,335) 1 206,264 8.72% Postage 19,481 (2,030) H ' 17,451 0.74% Subscriptions 8,837 (5,006) 1 3,831 0.16% Donations 11,661 (11,661) 5 0 0.00% Professional Insurance 310,655 (50,000) M 260,655 11.01% Bad Debts (103,823) 103,823 7 0 0.00% Office Expense 291,538 (21,508) (3,490) 8,11,N 266,540 11.26% Interest - net 33,359 (33,359) 9 0 0.00% Professional Services 47,946 (2,505) (265) 16,17,Q 45,176 1.91% Temporary Help 90,923 (61,525) D 29,398 1.24% Advertising/Promotional materials 18,544 (18,544) 10 0 0.00% Marketing Expense 65,974 (65,974) 2,3,4 0 0.00% Computer Expense 92,947 (30,845) (310) 19,L 61,792 2.61% Lab Equipment Recovery Credit, Refuni (33,490) (33,490) -1.42% Total General Overhead $3,500,239 ($635,700) ($196,954) $2,667,585 112.71% Total Indirect Costs & Overhead $5,569,961 ($860,492) ($654,271) $4,055,199 171.34% Indirect Cost Rate (Less FCC) 236.93% 198.99% 171.34% Facilities Cost of Capital (FCC) $21,011 $21,011 0.89% Indirect Cost Rate (Includes FCC) 237.83% 172.23% Page 1 Description GeoDesign, Inc. Indirect Cost Rate Schedule For the Year Ended December 31, 2011 Financial Statement GeoDesign Accepted Amount Adj WSDOT Adj Ref Amount GeoDesign, Inc - Reviewed & Accepted by SAH 05/13/13 "Overhead Rale still subject to WSDOT Audit" References GeoDesign Adjustments: 1 FAR 31.202 (a) - Direct Project costs unallowable 2 FAR 31.205-46 - Travel Costs in Excess of FTR Rates 3 FAR 31.205-51 - Alcohol unallowable 4 FAR 31.205-46 - Local meals unallowable 5 FAR 31.205-8- Contributions 6 FAR 31.205-19 (ex2)(v)-Key Man Insurance 7 FAR 31.205 -3 -Bad Debts 8 FAR 31.205-15- Fines/Penalties 9 FAR 31.205-20- Interest Expense 10 FAR 31.205-1- Advertising and Promotional costs 11 FAR 31.205-16 Employee Morale, Health etc. 12 FAR 31.205-18 (Allowed B&P) and FAR 31.205-38 (Unallowed+B33) 13 FAR31.205-41 Taxes 14 FAR.31.205-6 (a)(6Xi)(A) Bonus Awards, Severance 15 FAR 22.103-1, 22.301-4(g) Unallowable Overtime 16 FAR.31.205-6 Bonus Awards, Severance 17 FAR 31.205-27 - Accounting and legal fees considered as organization costs are not allowable 18 FAR 31.205-- & 38 - Unallowable marketing labor 19 FAR 31.201-2(d) - Unable to produce general ledger detail for review a Direct Labor understated on Financial, see LDR b. Holiday overstated on Financial, see LDR c. Discrepancy on Financial, see LDR WSDOT Adjustments: D Temporary Help - Comprised of $16,411 direct contract labor and $74,511 indirect contract labor Income statement reconciliation showed $16,411 direct contract labor inadvertently included in indirect costs and $45,114 direct costs imbedded in indirect contract labor account, unallowable per 48 CFR 31.202(a). E Bonus - $296,862 adjustment for remainder of bonus - no written bonus policy established prior to reporting period. Also, unable to verify bonus based,on employee performance and that individual performance goals were communicated to employees prior to work being performed, per 48 CFR 31.205-6(1) and Chapter 7.12, AASHTO Audit Guide. F COG - Lab & Field Supplies - $4,688 adjustment for non billable direct mileage unallowable per 48 CFR 31.202(a) and $68 adjustment for unallowable advertising per 48 CFR 31.205-1. G Taxes and Licenses reported on income statement support allowable costs of $32,400 per AASHTO Para 2.1.A: ($2,889 Misc. Tax/Lic + $26,443 state income tax + $2,551 WA sales tax + $517 CA sales tax = $32,400) Adjustment of $44,627 applied to reflect the following corrections: $33,994 adjustment to correct the financial statement amount to match income statement. $2,503 adjustment to counter Geo Design adjustment. $8,130 adjustment for unallowable taxes reported on income statement per 48 CFR 31.205-41(b), 48 CFR 31.205-15(a), and 48 CFR 31.201-6(d): ($10,426 Pers Prop Tax + $103 state tax penalty - $2,400 fed tax credit). H Postage - $2,030 adjustment for marketing postage account on income statement not adjusted on ICR per 48 CFR 31.205-1. I Subscriptions - $5,006 adjustment for marketing subscriptions account on income statement not adjusted on ICR per 48 CFR 31.205-1. J Employees' Expenses - $16,619 adj for lobbying, entertainment, gifts and direct costs unallowable per 48 CFR 31.205-22, 31.205-14, 31.205-13(b) and 31.202(a). K Reclassified Bid & Proposal labor from Indirect Labor to include it as its own line item per 48 CFR 31.205-18, CAS 420 and 2012 AASHTO Audit Guide 6.3. L Computer Expense - $310 adjustment for prior year expenses, unallowable per 48 CFR 31.201-2(c). Page 2 Certification of Final Indirect Costs Firm Name: Geo Design, Inc. Indirect Cost Rate Proposal: 172.23% Date of Proposal Preparation (mm/dd/yyyy): 05/15/2013 Fiscal Period Covered (mm/dd/yyyy to mm/dd/yyyy): 01/01/2011 to 12/31/2011 1, the undersigned, certify that I have reviewed the proposal to establish final indirect cost rates for the fiscal period as specified above and to the best of my knowledge and belief:: 1.) All costs included in this proposal to establish final indirect cost rates are 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: e -v Name of Certifying Official" (Print): Title: /` j 5,"c/1 Date of Certification (mm/dd/yyyy): 5 -AO /3 aca to 1/ h'1 //s *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: http://www.fhwa.dotmov/leqsreas/directivestorders/44701a:htm 0/11 Certification; Nov 2010 NOTICE - This communication may contain confidential and privileged information that is for the sole use of the intended recipient. Any viewing, copying or distribution of, or reliance on this message by unintended recipients is strictly prohibited. If you have received this message in error, please notify us immediately by replying to the message and deleting it from your computer. *** eSafel scanned this email for malicious content *** *** IMPORTANT: Do not open attachments from unrecognized senders 2 *** Exhibit H Title VI Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS"), which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non-discrimination. The CONSULTANT, with regard to the work performed during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub -consultants, including procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. 3. Solicitations for Sub -consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub -contract, including procurement of materials or leases of equipment, each potential sub - consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by AGENCY, STATE or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, STATE or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non-compliance: In the event of the CONSULTANT'S non-compliance with the non- discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE or the FHWA may determine to be appropriate, including, but not limited to: • Withholding of payments to the CONSULTANT under the AGREEMENT until the CONSULTANT complies, and/or; • Cancellation, termination, or suspension of the AGREEMENT, in whole or in part DOT Form 140-089 EF Exhibit H Revised 6/05 6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through (5) in every sub -contract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub -consultant or procurement as the AGENCY, STATE or FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub -consultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the STATE and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. Exhibit 1 Payment Upon Termination of Agreement By the Agency Other Than for Fault of the Consultant (Refer to Agreement, Section IX) Lump Sum Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made shall total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the total work required for the PROJECT. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Cost Plus Fixed Fee Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total work required for the Project. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Specific Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT. Cost Per Unit of Work Contracts A final payment shall be made to the CONSULTANT for actual units of work completed at the time of termination of this AGREEMENT. DOT Form 140-089 EF Exhibit 1 Revised 6/05 Exhibit J Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 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 Highways and Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 - Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs, records of labor, materials and equipment. Step 3 — Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manger and any personnel (including sub -consultants) deemed appropriate for the alleged design error(s) issue. Step 4 — Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultant's alleged design error(s), there are three possible scenarios: • It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. • DOT Form 140-089 EF Exhibit J Revised 6/05 It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place. The agency is to provide H&LP, through the Region Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements. No further action is required. • There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. Step 5 — Forward Documents to Highways and Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Highways and Local Programs Engineer to H&LP for their review and consultation with the FHWA. H&LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary, H&LP will request assistance from the Attorney General's Office for legal interpretation. H&LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement. If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. H&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. Exhibit K Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1— Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 — Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1, the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Highways and Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Highways and Local Programs (if applicable), and 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. DOT Form 140-089 EF Exhibit K Revised 6/05 If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures. Step 3 — Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: Copy of information supplied by the consultant regarding the claim; Agency's summation of hours by classification for each firm that should be included in the claim; Any correspondence that directed the consultant to perform the additional work; Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; • Explanation regarding those areas in which the Agency does/does not agree with the consultant's claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s); and • Recommendations to resolve the claim. Step 4 — Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Pubic Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Highways and Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5 — Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their fmal 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. Exhibit M -1(a) Certification Of Consultant I hereby certify that I am a Principal representative of the firm of Project No. q01030 o3U 2 - Local Agency KPG, Inc. and duly authorized whose address is 753 9th Avenue N, Seattle, WA 98109 and that neither I nor the above firm I here represent has: (a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure the AGREEMENT; (b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or 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 available to the Washington State Depaitcnent of Transportation and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. (c) 10/ i (ZJt12 Date DOT Form 140-089 EF Exhibit M -1(a) Revised 6/05 Signature Exhibit M -1(b) Certification Of Agency Official I hereby certify that I am the AGENCY Official of the Local Agency of City of Tukwila Washington, and that the consulting firm or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: (a) Employ or retain, or agree to employ to retain, any firm or person; or (b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Depai tment 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. D ate DOT Form 140-089 EF Exhibit M -1(b) Revised 6/05 Exhibit M-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 depaitment or agency; B. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (I) (B). of this certification; and D. Have not within a three (3) year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. II. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Consultant (Firm): KPG, Inc. ( 1 2.6 (Date) (Signature) President or Authorized Official of Consultant DOT Form 140-089 EF Exhibit M-2 Revised 6/05 Exhibit M-3 Certification Regarding The Restrictions of The use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Consultant (Firm): KPG, Inc. 1 1 /2J(1) (Date) DOT Form 140-089 EF Exhibit M-3 Revised 6/05 (Signature) President or Authorized Official of Consultant Exhibit M-4 Certificate of Current Cost or Pricing Data This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section 15.401 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted, either actually or by specific identification in writing, to the contracting officer or to the contracting officer's representative in support of KPG, Inc. P.S. * are accurate, complete, and current as of September 17, 2013 **. This certification includes the cost or pricing data supporting any advance agreements and forward pricing rate agreements between the offeror and the Government that are part of the proposal. Firm KPG, Inc. Name Nelson Davis Title Principal Date of Execution*** i / ( 1 20 ( -5 * Identify the proposal, quotation, request for price adjustment, or other submission involved, giving the appropriate identifying number (e.g., RFP No.). ** Insert the day, month, and year when price negotiations were concluded and price agreement was reached. *** Insert the day, month, and year of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. DOT Form 140-089 EF Exhibit M-4 Revised 6/05