HomeMy WebLinkAboutReg 2013-10-07 Item 4E - Agreement - Thorndyke Safe Routes to School with KPG Inc for $74,947.81COUNCIL A GENDA SYNOPSIS
Initials
,1 reefing Date Prepared by Mayor's review
10/07/13 BG16 An
Connci& review
ITEM INFORMATION
ITEM No.
99
STAFF SPONSOR: BOB GIBERSON ORIGINAL AGENDA DATE- 10/07/13
AGENDA ITEM Ti I'LL Thorndyke
Consultant
Safe Routes to School
Selection and Agreement with KPG, Inc.
CATEGORY ❑ Discussion
Mfg Date
Motion
Dade 10/07/13
❑ Resolution
Mfg Date
❑ Ordinance
AItg Date
❑ Bid Award
Mtg Date
❑ Public Healing
Mtg Date
❑ Other
Altg Date
1 4,
Mtg
SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD
• Finance ❑ Fire ❑ IT ❑ P6.R ❑ Police ►1 PIV
SPONSOR'S This design contract is for the Thorndyke Safe Routes to School Project along 5 150th St
SUMMARY from 42" Ave 5 to Tukwila International Blvd. Staff used the MRSC Roster and four
engineering firms were evaluated. KPG, Inc. ranked the highest as they had previously
performed engineering work in the area. The Thorndyke project also includes Overlay &
Repair funding as well as Surface Water improvements. Council is being asked to approve
the design consultant agreement with KPG in the amount of $74,947.81.
REVIEWED BY
r COW Mtg.
❑
Cmte Li
CA &P Crnte
❑ F &S Cmte ' Transportation
Cmte
Arts Comm.
-
❑ Utilities
DA'11 ; 09/24/13
• Parks Comm. • Planning Comm.
COMMITTEE CHAIR: KATE KRULLER
RECOMMENDATIONS:
SPONSOR /ADMIti.
COMMITTEE
Public Works Department
Unanimous Approval; Forward to Regular Consent Agenda
COST IMPACT / FUND SOURCE
F\PI INDITURE REQUIRI D AMOUNT BUDGETED APPROPRIATION REQUIRED
$74,947.81 $90,000.00 $0.00
Fund Source: 103 RESIDENTIAL STREETS (PAGE 4, PROPOSED 2014 CIP)
Comments: Also the 2014 Annual Overlay and Repair and the 2014 Annual Small Drainage Program
MTG. DATE
RECORD OF COUNCIL ACTION
10/07/13
MTG. DATE
ATTACHMENTS
10/07/13
Informational Memorandum dated 09/20/13
Vicinity Map
Consultant Selection Scoring Matrix
Page 4, Proposed 2014 CIP
Consultant Agreement, Scope of Work, and Fee
Minutes from the Transportation Committee meeting of 09/24/13
99
00
TO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Transportation Committee
FROM: Bob Giberson, Public Works Director
BY:
DATE:
Grant Griffin, Senior Program Manager
September 20, 2013
SUBJECT: Thorndyke Safe Routes to School
Project No. 91210302
Consultant Selection and Agreement
ISSUE
Execute a contract with KPG, Inc. to provide design services for the Thorndyke Safe Routes to School project.
BACKGROUND
The City generally uses the Municipal Research and Services Center (MRSC) Consultant Roster whenever possible to
select engineering firms to provide necessary services. Four (4) engineering firms were evaluated to provide design
services for the Thorndyke Safe Routes to School project (see attached scoring and selection matrix.) Each consulting
firm provides services with expertise in multiple engineering disciplines. All are well qualified, but KPG, Inc. provides a
unique knowledge and understanding of the City's program that provides efficiency and benefits that cannot be matched
at this time by any other firms. KPG has previously performed preliminary engineering work on the project corridor for
surface water that is related to the current street project and the City will benefit from this previous work during the design
of the Thorndyke Safe Routes to School project. In addition, KPG has performed very well on previous City projects.
Because of the work previously performed, starting the design process in November 2013 and advertising for construction
bids in the 2nd quarter of 2014 allows the City to finish this project before the 2014/2015 school year begins.
DISCUSSION
KPG, Inc. has provided a contract, scope of work, and fee estimate to complete design of the Thorndyke Safe Routes to
School project and advertise for construction bids (see attached contract.).
Contract Estimate & Budget Totals
Contract Design Budget
$74,947.81 $90,000.00
RECOMMENDATION
The Council is being asked to approve the design contract with KPG, Inc. for the Thorndyke Safe Routes to School in the
amount of $74,747.81 and consider this item on the Consent Agenda at the October 7, 2013 Regular Meeting.
Attachments: Vicinity Map
Consultant Scoring and Selection Matrix
Page 4, Proposed 2014 CIP
Contract, Scope of Work and Fee
W:\PW Eng \ PROJECTS \A- RW & RS Projects \Safe Routes to School - Thomdyke (91210302) \PEInfo Memo Consult Select & Contract gidocx
101
102
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Vicinity Map
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Safe Route
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1
1
1
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I Ir
S 152nd St
1
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1
1
S 159th St
S 150th St
Project Location
S 156th St
q_ /58th 1St
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S 160th St
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Thorndyke Elementary School
Safe Routes to School
Date: February 21i2
CONSULTANT SELECTION
Thorndyke Elementary Safe Routes to School Project
For each category, highest score is 1 (with the lowest or worst score at 4)
Consultant with the lowest score is ranked the best.
W:\PW Eng \PROJECTS \A - RW & RS Projects \Safe Routes to School - Thorndyke (91210302) \PE \Transportation Committee \ThorndkeSRTS_2013_ConSel.xls
105
DEA &
Associates
KPFF
KPG
Lochner
Project Manager
1
1
1
1
Survey Crew In -House
1
1
1
2
Bikeway & Walkway
Design
1
1
2
3
Environmental Planning and
Permitting Experience
1
2
1
2
Stormwater Drainage &
Detention Design
2
3
1
2
Pedestrian Path / Facilities
Planning and Design
2
2
2
2
Understanding Project Objectives
2
3
1
3
Current Knowledge of Tukwila
Standards and Procedures
1
2
1
2
TOTALS
10
14
9
16
For each category, highest score is 1 (with the lowest or worst score at 4)
Consultant with the lowest score is ranked the best.
W:\PW Eng \PROJECTS \A - RW & RS Projects \Safe Routes to School - Thorndyke (91210302) \PE \Transportation Committee \ThorndkeSRTS_2013_ConSel.xls
105
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2014 to 2019
PROJECT: Thorndyke Safe Routes to School Project No. 91210302
DESCRIPTION: Construction of roadway improvements and new sidewalk on the north side of S 150th St between Tukwila
International Blvd and 42nd Ave S. Also a new crosswalk on S 150th St in front of Thorndyke Elementary.
JUSTIFICATION: Enhance safety for students walking and biking to Thorndyke Elementary and encourages alternate
transportation choices.
STATUS: This route is one of the high priority missing sidewalk areas prioritized as part of Walk and Roll Plan.
MAINT.IMPACT: Negligible.
WSDOT Safe Routes to School grant for $457K. Surface water on S 150th St is also programmed for $270k
COMMENT: (see SDP on page 86) and $100k from Overlay & Repair for a total project cost of $1.082m. Education,
enforcement, and encouragement are included as part of the Safe Routes to School grant requirements.
FINANCIAL Through Estimated
in 5000's
2012 2013
2014
2015
2016
2017
2018
2019
BEYOND TOTAL
EXPENSES
Design
48
28
14
90
Land (R/W)
0
Const . Mgmt.
55
55
Construction
567
567
TOTAL EXPENSES
0
48
650
14
0
0
0
0
0
712
FUND SOURCES
Awarded Grant
48
395
14
457
Proposed Grant
0
Mitigation Actual
0
Mitigation Expected
0
City Oper. Revenue
0
0
255
0
0
0
0
0
0
255
TOTAL SOURCES
0
48
650
14
0
0
0
0
0
712
Project Location
1 06 2014 - 2019 Capital Improvement Program
4
Local Agency
Standard Consultant
Agreement
Consultant/Address /Telephone
KPG, Inc.
753 9th Avenue N
Seattle, WA 98109
206- 286 -1640
∎2 Architectural /Engineering Agreement
∎2 Personal Services Agreement
Agreement Number
Project Title And Work Description
Thorndyke 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
Agreement Type (Choose one)
❑ Lump Sum
Lump Sum Amount $
%
k2 Cost Plus Fixed Fee
Overhead Progress Payment Rate
Overhead Cost Method
DBE Participation
%
%
%
• Yes 0 No
• Actual Cost
Federal ID Number or Social Security Number
• Actual Cost Not To Exceed
0 Fixed Overhead Rate
Fixed Fee $ 6,312.40
145.78
Do you require a 1099 for IRS?
• Yes 0 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
® Exhibit G -2 Fee -Sub Specific Rates
® Exhibit G -3 Sub Overhead Cost
® Exhibit H Title VI Assurances
® Exhibit I Payment Upon Termination of Agreement
® Exhibit J Alleged Consultant Design Error Procedures
® Exhibit K Consultant Claim Procedures
❑ Exhibit L Liability Insurance Increase
® Exhibit M -la Consultant Certification
® Exhibit M -lb Agency Official Certification
® Exhibit M -2 Certification - Primary
® Exhibit M -3 Lobbying Certification
® Exhibit M -4 Pricing Data Certification
❑ App. 31.910 Supplemental Signature Page
day of
, Washington, hereinafter called the "AGENCY" ,
and the above organization hereinafter called the "CONSULTANT ".
DOT Form 140 -089 EF
Revised 3/2008
Page 1 of 8
107
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 2of8
108
IV Time for Beginning and Completion
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the
AGENCY.
All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under
completion date.
The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but
may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable
delays caused by an act of GOD or governmental actions or other conditions beyond the control of the
CONSULTANT. A prior supplemental agreement issued by the AGENCY is required to extend the established
completion time.
V Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this
AGREEMENT as provided in Exhibit "D" attached hereto, and by reference made part of this AGREEMENT. Such
payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies,
equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable
portions of 48 CFR Part 31.
A post audit may be performed on this AGREEMENT. The need for a post audit will be determined by the State
Auditor, WSDOT External Audit Office and /or at the request of the AGENCY'S PROJECT Manager.
VI Sub - Contracting
The AGENCY permits sub - contracts for those items of work as shown in Exhibit "G" attached hereto and by this
reference made part of this AGREEMENT.
Compensation for this sub - consultant work shall be based on the cost factors shown on Exhibit "G."
The work of the sub - consultant shall not exceed its maximum amount payable unless a prior written approval has been
issued by the AGENCY.
All reimbursable direct labor, overhead, direct non -salary costs and fixed fee costs for the sub - consultant shall be
substantiated in the same manner as outlined in Section V. All sub - contracts shall contain all applicable provisions of
this AGREEMENT.
With respect to sub- consultant payment, the CONSULTANT shall comply with all applicable sections of the Prompt
Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011.
The CONSULTANT shall not sub - contract for the performance of any work under this AGREEMENT without prior
written permission of the AGENCY. No permission for sub - contracting shall create, between the AGENCY and 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.
VII Employment
The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide
employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to
pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee,
commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or
making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this
AGREEMENT without liability or, in its discretion, to deduct from the AGREEMENT price or consideration or
otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or
services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the
CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's
Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a
Page 3 of 8
109
third party as a consequence of any act or omission on the part of the CONSULTANTS 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
110
In such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual
costs incurred by the CONSULTANT in performing the work to the date of termination, the amount of work originally
required which was satisfactorily completed to date of termination, whether that work is in a form or a type which is
usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the
work required and the time which may be required to do so, and other factors which affect the value to the AGENCY
of the work performed at the time of termination.
Under no circumstances shall payment made under this subsection exceed the amount, which would have been made
using the formula set forth above.
If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to
perform is without the CONSULTANT'S or it's employee's default or negligence, the termination shall be deemed to
be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for
actual costs in accordance with the termination for other than default clauses listed previously.
In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervisory personnel
assigned to the PROJECT, or dissolution of the partnership, termination of the corporation, or disaffiliation of the
principally involved employee, the surviving members of the CONSULTANT hereby agree to complete the work under
the terms of this AGREEMENT, if requested to do so by the AGENCY. This subsection shall not be a bar to
renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the
AGENCY so chooses.
In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the
CONSULTANT, with the AGENCY'S concurrence, desire to terminate this AGREEMENT, payment shall be made as
set forth in the second paragraph of this section.
Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of
any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for
failure of the CONSULTANT to perform work required of it by the AGENCY. Forbearance of any rights under the
AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or
omission by the CONSULTANT.
X Changes of Work
The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary
to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof.
Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts
thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work
shall be considered as Extra Work and will be paid for as herein provided under Section XIV.
XI Disputes
Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the
CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY
Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided,
however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that
decision shall be subject to de novo judicial review. If the parties to this AGREEMENT mutually agree, disputes
concerning alleged design errors will be conducted under the procedures found in Exhibit "J ", and disputes concerning
claims will be conducted under the procedures found in Exhibit "K ".
XII Venue, Applicable Law, and Personal Jurisdiction
In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or
obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior
court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that
all questions shall be resolved by application of Washington law and that the parties to such action shall have the right
of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington. The
CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington, situated
in the county in which the AGENCY is located.
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111
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.
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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
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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.
Consultant KPG, Inc
DOT Form 140 -089 EF
Revised 3/2008
114
Agency City of Tukwila
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 42na 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
115
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
116
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
117
18
[DESIGNZ , T- 4 ^ °r
September 9, 2013
KPG, Inc.
753 9th Avenue North
Seattle, WA 98109
Attention: Mr. Nelson Davis, P.E.
INTRODUCTION
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 42nd 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 1 206.838.9900 www.geodesigninc.com
119
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
120
DESIGN=
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 Tess 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 a week
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
Total $8,990
DESIGN
♦♦♦
3 KPG- 29- 01:090913
121
r
122
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
11Page
123
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
124
2IPage
EXHIBIT C
Electronic Exchange of Engineering and Other Data
Electronic Deliverables include digital photos (.jpg), scanned or electronic documents (.pdf, .doc, .xls,
AutoCAD Civi13D 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.
125
1LO
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
127
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
128
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.
In the event that such final audit reveals an overpayment to the CONSULTANT, the
CONSULTANT will refund such overpayment to the AGENCY within thirty (30) days of notice of
the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims
relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT has
twenty (20) days after receipt of the final POST AUDIT to begin the appeal process to the
AGENCY for audit findings.
D. Inspection of Cost Records: The CONSULTANT and their sub - consultants shall keep available for
inspection by representatives of the AGENCY, STATE and the United States, for a period of three
(3) years after receipt of final payment, the cost records and accounts pertaining to this
AGREEMENT and all items related to or bearing upon these records with the following exception:
if any litigation, claim or audit arising out of, in connection with, or related to this contract is
initiated before the expiration of the three (3) year period, the cost records and accounts shall be
retained until such litigation, claim, or audit involving the records is completed.
129
13o
EXHIBIT E -2
HOUR AND FEE ESTIMATE
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131
132
EXHIBIT F
Washington State
Department of Transportation
Paula J. Hammond, R.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.
133
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. 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
134
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, 0 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)
169.53% 151.47%
($178,860)
Page 1
$4,089,359 144.93%
1.44.93%
135
Description
KPG, Inc.
2011 Overhead Schedule
For FY Ending December 31st, 2011
Financial
Statement Accepted
Amount KPG Ad i. WSDOT Adj. Ref. Amount
%
Facilities Cost of Capital
Overhead Rate (Includes FCC)
KPG Corp - Reviewed & Accepted 8 /10/2012, MTP
"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
G1 Interest unallowable $6,365 per 48 CFR 31.205 -20.
G2 Interest unallowable $18,650 per 48 CFR 31.205 -20.
H1 Inadequate supporting documentation unallowable (meals) $42,499
H2 Inadequate supporting documentation unallowable (travel) $8,396
I Accelerated depreciation unallowable $88,959
J1 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), AASIITO 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
136
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 $5,980.00 as shown in the Budget and Expenses section of Exhibit E -1.
137
138
174.&1':'.
S000010T#,'49:1 00,(Insl 94 tax=ohj'n'12ft1,44(0......
Field Work
Engineering and Laboratory
Report Testing
Trali6 C
(sL5t6BC000U Thkf
Subcontractors SUBTOTAL
5215W
HC Extended
S2,2
4,6
5105
82912
14,144
14,144
Field Work Engineering Laboratory 564,0606,391
and Report TestfnlU ors
41,709 91,921
4
4,
GeoDesign, Inc, FEE SUMMARY
Project: Tukwila - Sate Routes to School - Tnorndyke Elementary
Job No. KPG -29 -01
Standard Schedule )SS)
or Direct Salary Cost fDSC)
...A Z- Dirt Salary Cost (DSt
Labor Rate Direct _ . _.,
Geofesian 011 Rate, If DSC C?Inkl(g.tiOn iS used
If Labor I9 090 Is the Fixed Fee =FF x (DSC +01-0 7
Allowable Handlino Charge
DSC
172.73 l,,,,....
NO
Fixed Fee
It
30 00 ",
Date 919)2013
:boratory f opt aa� labor Hours .....
d YES" Enter LepOr D)ylslasn
....,_,.: Senior t.ola TeoI1
Lab Techn)cl395 l
NO
GEOOE51O1.1 LA9OR
2.
3.
5.
71
PRO,
00 606060 OR TA
ubContractors. Total Hours Labor Rate
SUBTOTAL - Labor
OVERHEAD (OH) COST (Including Salary Additives)
FIXED FEE (FF):
= Fixed Fee x (DSC) or 300 x (51,214 29)
UBTOTAL LABOR
EQUIPMENT.
5520
666
156
91,573
5637
1,096
191
24
557
99
Field Work
Engineering and
Report
35.5
Unit
Cost
91,214
2,091
364
93,670
Extended
%r S °r.- 09 ._.T. s 3 an
^ �Htulk" 3fiira,�a,
1rJ0
.
�
ht
0
iSUBTOTAL 90
REIMBURSA0LES:
FI:;d Ra tc Epymi%...
Field Work
Engineering and
Report
Laboratory
Testing
SubContractors
Unit
Rate
Extended
TOTAI
Field Work
LABORATORY TEST) €IiT;
Y(ea36n15 57$u'us R:
Engineering and 1 Laboratory
Testing
Report
a
Subcontractors
Unit
Rate
Extended
SU870TAL G'tBDpAS'i?6tY
0 Cbar4
ubT<
1,924
4,199
TOTAL - ESTIMATED FEE
Checked Of:,
9020
Date
3070
139
For:
KPG - Nelson Davis
Exhibit G -2
Thorndyke Elementary SRTS
City of Tukwila
Cost Estimate
From:
Widener Associates
140
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
140
EXHIBIT G -3
n
LOCATESLTD
September 13th, 2013
KPG, Inc.
Attn: Nelson Davis
753 9th Avenue N
Seattle, WA 98109
RE: Statement of Negotiated Rates
City of Tukwila — Thorndyke 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
141
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
larrycnilocates.com E -mail
"!T'S 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.COI'4
"Quality Isn't Expensive ... It's Priceless"
142
Widener & Associates
EXHIBIT G -3
Transportation & Environmental Planning
.10108 32id Avenge W Ste D Everett, PM 98204 -1302 .Td (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,
Ross L Widener
Vice President
WIDENER & ASSOCIATES
143
� 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
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
REC lVED
MAY 2 Z Z013
GEOO==`..: `, 1 C.
Re: Geo Design, Inc. Indirect Cost Rate Schedule
Fiscal Year End December 31, 2011
Dear Mr. Tucker:
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.
Sine 1y,
rtha. 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
145
A
Description
GeoDesign, Inc.
Indirect Cost Rate Schedule
For the Year Ended December 31, 2011
Financial
Statement GeoDcsign 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 /401K 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
lndirect 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, Refum (33,490) (33,490) -1.42%
Total General Overhead $3,500,239 (S635,700) ($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
147
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 Rate 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 (e)(2)(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 FAR.31.205 -41 Taxes
14 FAR.31.205 -6 (a)(6)(i)(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(f) 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
148
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 1 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:
Name of Certifying Official' (Print): sea tt .fyZ' //k
Title:
s, clev
Date of Certification (mm /dd /yyyy):
s/io /13
`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. dot .gov /leasrects /directivestorde s/44701 a.htm
0/11 Certification; Nov 2010
149
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150
* * *
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
151
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.
152
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
153
A
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
155
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.
156
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
157
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 final
decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim
(s) and rationale utilized for the decision.
Step 6 — Preparation of Supplement or New Agreement for the Consultant's Claim(s)
The agency shall write the supplement and /or new agreement and pay the consultant the amount of the
claim. Inform the consultant that the final payment for the agreement is subject to audit.
158
Exhibit M -1(a)
Certification Of Consultant
I hereby certify that I am a Principal
representative of the firm of
KPG, Inc.
753 9th Avenue N, Seattle, WA 98109
firm I here represent has:
Project No.
Local Agency
and duly authorized
whose address is
and that neither I nor the above
(a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other
consideration, any firm or person (other than a bona fide employee working solely for me or the
above CONSULTANT) to solicit or secure the AGREEMENT;
(b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the
services of any firm or person in connection with carrying out this AGREEMENT; or
(c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee
working solely for me or the above CONSULTANT) any fee, contribution, donation, or
consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT;
except as hereby expressly stated (if any);
I acknowledge that this certificate is to be available to the Washington State Department of
Transportation and the Federal Highway Administration, U.S. Department of Transportation in
connection with this AGREEMENT involving participation of Federal -aid highway funds, and is
subject to applicable State and Federal laws, both criminal and civil.
Date Signature
DOT Form 140 -089 EF Exhibit M -1(a)
Revised 6/05
159
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. Department of Transportation, in
connection with this AGREEMENT involving participation of Federal -aid highway funds, and is
subject to applicable State and Federal laws, both criminal and civil.
Date Signature
DOT Form 140 -089 EF Exhibit M -1(b)
Revised 6/05
160
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 department or agency;
B. Have not within a three -year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission or fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or
contract under a public transaction; violation of federal or state antitrust statues or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (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.
(Date) (Signature) President or Authorized Official of Consultant
DOT Form 140 -089 EF Exhibit M -2
Revised 6/05
161
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.
(Date) (Signature) President or Authorized Official of Consultant
DOT Form 140 -089 EF Exhibit M -3
Revised 6/05
162
•
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 * **
* 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
163
1 64
TRANSPORTATION COMMITTEE - Meeting Minutes
September 24, 2013 — 5:15 p.m. — Conference Room #1
City of Tukwila
Transportation Committee
PRESENT
Councilmembers: Kate Kruller, Chair; Joe Duffle, Dennis Robertson
Staff: Bob Giberson, Robin Tischmak, Gail Labanara, Cyndy Knighton, Dave Sorensen, Grant
Griffin, Pat Brodin, Frank Iriarte, Mike Ronda, Peter Lau, Peggy McCarthy, Kimberly
Matej, Laurel Humphrey
Guest: Chuck Parrish
CALL TO ORDER: Committee Chair Kruller called the meeting to order at 5:15 p.m.
L PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Boeing Access Road over BNRR Bridge Rehabilitation: Consultant Selection and Agreement
Staff is seeking Council approval to enter into a contract with Jacobs Engineering Group, Inc. in the
amount of $1,017,772.00 to provide design services for the Boeing Access Road over BNRR Bridge
Rehabilitation project. Jacobs Engineering Group, Inc. was selected from a pool of six engineering
firms to submit Statements of Qualifications to the City for this project. This project will serve to
rehabilitate the existing Boeing Access Road bridge, extend its service life, and improve its safety.
The project is supported by a grant of Federal Local Bridge Program funds, with the City match
funds resulting from a bond issue. Councilmembers will be given detailed information about the
bond issues at a later date. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 7
REGULAR CONSENT AGENDA.
B. Thorndyke Safe Routes to School: Consultant Selection and Agreement
Staff is seeking Council approval to enter into a contract with KPG, Inc. in the amount of $74,947.81
to provide design services for the Thorndyke Safe Routes to School project. Four firms from the
MRSC roster were evaluated, and KPG, Inc was selected due to its experience, knowledge, and prior
work for the City. This project will provide for roadway and sidewalk improvements on the north
side of S. 150th Street between Tukwila International Boulevard and 42nd Avenue South, as well as a
new crosswalk on South 1501 Street in front of Thorndyke Elementary School. It is expected that this
project will conclude before the start of the 2014 -15 school year. UNANIMOUS APPROVAL.
FORWARD TO OCTOBER 7 REGULAR CONSENT AGENDA.
C. Tukwila MIC Smart Street Non - Motorized Project: Consultant Selection and Agreement
Staff is seeking Council approval of a consultant agreement with David Evans & Associates, Inc
(DEA, Inc.) in the amount of $104,838 for design engineering services for the Tukwila
Manufacturing /Industrial Center (MIC) Smart Street Non - Motorized project. Five firms were
evaluated and DEA, Inc. was selected due to its qualifications and prior work for the city. Funding
for this contract is provided by a Federal CMAQ grant. This project will design and construct
bicycle facilities, a shared use path, and shared bicycle /vehicle lanes along portions of East Marginal
Way South, South Boeing Access Road, and Airport Way South. The result of a grant application to
PSRC in the amount of $500,000 for constructionof this project will be known and communicated
soon. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 7 REGULAR CONSENT
AGENDA.
165