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Home My WebLink AboutCOW 2004-11-22 Item 4F - Contract - Interurban Avenue South Consulting wtih KPG Inc for $434,671 COUNCIL AGENDA Swosis J�f' wg s y Init ITEM No. �1�,�� Meeting Date 1 Prepared by 1 Mayorr,.teview 1 Council review a r 2 11/22/04 1 RT_< tYh L 7I,W 11 ��t` U I rsos 1 1 1 1 1 1 ITEM INFORMATION CAS NUMBER: 04-167 I ORIGINAL AGENDA DATE: NOVEMBER 22, 2004 AGENDA ITEM TITLE Interurban Ave South Consultant's Agreement with KPG Inc. CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date 11 /22/04 SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police ®PW/ SPONSOR'S The contract is for the engineering design services for the roadway improvements on SUMMARY Interurban Ave South from S 143 St to Fort Dent Way. The roadway improvements include minor widening, adding curb, gutter and sidewalks on both sides of the street, utility undergrounding, storm drainage and slope stabilization. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 11/8/04 RECOMMENDATIONS: SPONSOR /ADMIN. Authorize Mayor to sign agreement with KPG Inc. COMMI Approve agreement and forward to COW and then Regular Council COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED CITY FUNDS REQUIRED $434,671.00 $458,000.00 $62,000 Fund Source: 104.02 Commercial Streets (page 44 2004 CTP) Comments: Federal Hwy Surface Transportation Program grant of $396,000. MTG. DATE I RECORD OF COUNCIL ACTION 11/22/04 NI TG. DATE ATTACH' I I M. r1 IVI C IV I S 11/22/04 1 Information Memo dated November 3, 2004 (revised from 11/8 TC) Consultant Selection Consultant's Agreement with Exhibits Transportation Committee Meeting Minutes from November 8, 2004 1 From: Mayor Mullet Public Works Director November 3, 2004 Interurban AvtmueSouth - S 143rd St to Fort Dent Wav, Consultant Selection and Contract Scope & Fee Estimate To: Date: Subject: ISSUE Approve the Consultant selection and authorize the Mayor to execute a contract in the amount of $434,671.00 to provide engineering design services for roadway improvements on Interurban Avenue SouthfromS 143rd St to Fort Dent Way. BACKGROUND The City has received Federalgrantfunding for the design of roadway improvements on Interurban Avenue South from S 143rd 8tto Fort Dent Way. The process of selecting a ConsultanUo provide engineering designservices included soliciting written proposals and follow-up interviews with the finns that scored the best on the proposals. Fourteen (14) proposals were received and five (5) firms were interviewed. ANALYSIS Of the five firms interviewed, KPG, Inc., was rated the highest by the selection panel. KPG, Inc., demonstrated that they possess the expertise to provide quality design services for th,is project. A scope ofwork fu'1d fee estimate has been prepared by KPG, Inc., to provide the preliminary engineering as requested by the City. The design fee is within the project budget. The project budget includes a federal grant in the amount of$396,000. Contract amount has been revised since presented to Transportation Committee. The contract has been reduced from $434,710.24 to $434,671.00 due to a mathematical error. Preliminary Engineering Contract $434,671.00 Budget $458,000 RECOMMENDATION Approve the selection ofKPG, Inc., and authorize the Mayor to execute a contract to provide engineering design services for Interurban Avenue South in the amount of $434,671.00. attachments: Consultant Rating Fonn Scope and Fee Estimate (P:ProjectslA- RW & RS Projectsl03R W021consult select memo) INTERURBAN'AVENUE SOUTH S143RD SrTO FORT DENT WAY Consultant Selection Approach to Completing 'Objectives 13 Discuss Storm Drainage Issues 13 12 Environmental Process 27 Project Team 15 Similar Project Experience 15 Special Consideration 7 13 12 12 25 13 12 6 TOTALS . 102 I 93 Highest total score is best. 10 13 12 21 10 8 6 80 10 11 10 20 10 10 4 75 9 7 6 18 10 10 2 62 LocalAgency , Standard Consultant Agreement Agreement Number . _...~..--_.._.' .~----- '-- .-..,.....--.........-"-..... Federal Aid Number ..' _, ~." ",~,.", n, ~ ,_,_, _,_," "'_'_'_"~"'~_>'_ Agreement Type (Choose one) o Lump Sum Lump'Sum Amount, $ -..---,--. --.....,. ..~ .. ~ Cost Plus Fixed Fee Overhead Progress Payment Rate Overhead Cost Method D Actual Cost OActual Cost Not To Exceed 153.8% -~..._._-- '.~-...- % ~- _... -'-.-_._---- -~'. -_..~. ~ Fixed Rate Fixed Fee, $ 28,823.00 o Specific Rates Of Pay D Negotiated Hourly Rate D provisional Hourly Rate 153,8 % o Cost Per Unit of Work Consultan U Addressrr elephone KPG, Inc 753 9th Avenue Seattle, W A 98109 206-286-1640 .---..-.-.--.-...0---....-.- ________,. ___ _~_______..__ .._ .___. ......___..._.... ~__hw'.__~~.. Project Title And Work Description City ofTukwila Interurban Boulevard S l43rd Streetto Fort Dent Way Prepare plans, specifications and estimates _._--~--------_..__._- ...- DBE Participation D Yes ~ No % WBE Participation DYes ~No % ~----- -~------ .-.--- ------.-... ~-.-- .--_... FederallD Number or Social Security Number 91-1477622 _'-..._..._....__........__. h._. Do you require a10g9 for IRS? DYes D No Completion Date December 31, 2005 _.._-,,---~_._-...--,_._.~ Total Amount Authorized $ 434,671.00 -~_.._._--~_..._..~._-- Management Reserve Fund $ ---,..-~_._.__._.~--- -._-- .----.-- .-._.-...-... Maximum Amount Payable $ 434,671.00 -_.._._~.._---~-------_.._._-.- THIS AGREEMENT, made and entered into this day of -------.. -- -.. ----~._._-----. between the Local Agency of City ofTukwila , Washington, hereinafter called the ._~ ~__~,. _",_,.,,_o_~_ "_~_..,_____._.~.'__~,,_,__.__,._..~___.__.._, "AGENCY" ,and the above organization hereinafter called the "CONSULTANT". WITNESSETHTHA T: WHEREAS, the AGENCY desires to accomplish the above referenced project, and WHEREAS, the AGENCY does not have sufficient staff to' meetthe required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJFCT;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: DOT Form 140-089 EF Revised 12199 Pa(je10f8 I GENERALDESCRIPT ION OF WORK All reports, PS&E materials, and other data, furnished to the CONSULTANT by the AGENCY shall be returned. All designs, drawings, specifications, documents, and other work products prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT and are 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. The work under this AGREEMENT shall consist of the above described work and servicesas herein defined and necessary to accomplish thecompleted work for this PROJECT The CONSUL TANTshall furnish all services, labor and related equipment necessary to conduct and complete the work as designated elsewhere in thisAGREEMENT 1\ SCOPE OF WORK The Scope of Work and projectlevel of effort for this projectis detailed in Exhibit"B" attached hereto, and by this reference made a part of this AGREEMENT IV TIME FOR BEGINNING AND COM PLETION 11\ GENERAL REQUIREM ENTS 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. 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 or individuals shall be coordinated through the AGENCY. . The established completion time shall not be extended because of any delays attributable to the CONSUL T- ANT, 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 CONSUL T ANT. A prior supplemental agreement issued by the AGENCY is required to extend the established completion time. The CONSULTANT shall attend coordination, progress and presentation meetings with the AGENCY 9f such Federal, Community, State, 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 number of hours or days notice - required shall be agreed to between the AGENCY and the CONSULTANT and shown in EXhibit"B" attached hereto and made part of this AGREEMENT. The CONSULTANT shall prepare amonthly progress report, in a form approved by the AGENCY, thatwill outline in written and graphical form the various phases and the order of performance of the work in sufficient detail so thatthe progress of the work can easily be evaluated. Goals forOisadvan- taged Business Enterprises (DBE) and Women Owned Business Enterprises (WBE) if required shall be shown in the heading of this AGREEMENT V PAYMENT The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided in Exhibit "C" attached hereto, and by this reference made part of this AGREEMENT. Such payment shall be full compen- sation 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 with all applicable portions of 48 CFR 31. . .:. -~ -.--' >.-., '" --' Page2of8 VI SUBCONT RACTING The AGENCY permits subcontraCts for those Items of work as shown in Exhibit G to this Agreement. Compensation for this subconsultant work shall. be based on the cost factors shown on Exhibit G, at- tached hereto and by this reference made a part of this AGREEMENT. The work of the subconsultant shall not exceed its maximum amount payable unless a priorwritten approval has been issued by the AGENCY. AI! reimbursable direct labor, overhead, direct non- salary costs and fixed fee costs for the subconsultant shall be substantiated in the same ,manner as outlined in Section V All subcontracts exceeding $10,000 in cost shall contain all applicable provisions of this AGREEMENT. The CONSULTANT shall not subcontrac;tfor the performance of any work under this AGREEMENT without prior written permission of the AGENCY. No permission for subcontractingshall create, between the AGENCY and subcontractor, any contract or any other relationship: VII EMPLOYMENT The CONSULTANT warrants that he/she has not employed or retained any company or person,other than a bona fide employee working solely for the CONSULTANT, to solicit or tecurc t~js 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,brokE3rage fee" gift, or any other consider- ation. 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 discre- tion"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 a:-,} .....~:.;~ ,:;;'ss;:,,;:.a.s ,.6;.....i;:::;;~ :. ..- --......,.- . -:- .".- ~,'I~ ................".:;;.;;.....; I ,\.\ . under this .~GR~::rvE=NT.shal! be cD~sidere::i Page3 of 8 employees of the CONSULTANT only and not or the AGENCY, and any and all claims that mayor might arise under any Workmen's compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full or part time basis, or other basis, during the period of the contract, any professional or technical personnel who are, or have been, at any time during the period of the contract, in the employ of the United States Depart- ment of Transportation, the STATE, or the AGENCY, except regularly retired employees, without written consent of the public employer of such person. VIII NONDISCRIM INATION The CONSULTANT agrees not to discriminate against any client, employee or applicant for employ- ment or for services because of race, creed, color, national origin, marital status, sex, age or handicap except for a bona fide occupational qualification with regard to, but not limited to the following: employ- ment upgrading, demotion or transfer, recruitment or any recruitment advertising, a layoff or terminations, rates of payor other forms of compensation, selection for training, rendition of services. The CONSULT- ANT understands and agrees that if it violates this provision, this AGREEMENT may be terminated by the AGENCY and further that the CONSULTANT shall be barred from performing any services for the AGENCY now or in the future unless a showing is made satisfactory to the AGENCY that discrimina- tory practices have terminated and that recurrence of such action is un!ikely. During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees and successors in interest agrees as follows: A. COMPLIANCE WITH REGULATIONS: The CONSULTANT shall comply with the Regula- :;:::-.: ~.::;.::::~ ~: :-::,:-:::;:::~;;"';"'.::--,::':::::-. ;~. ::...s ::z:--:r, S manner as in Federa!--essisted programs of ths Departmen,tpf Transportation, Title 49 ,Code of . .. . . ., - . Federal Regulations, Part21,astheymay be amended from time to time, (hereinafter referred to asthe Regulations), which are herein incorpo- rated by reference and made a partof this AGREEMENT Theconsultantshallcomply with the American' Disabilities Act.6f1 992, as amended. B. NONDISCRIMINA TION:TheCONSUL TANT, with regard to the work performed. by it during the AGREEMENT, shall not discriminate on the grounds of race,creed, color,sex,age, marital status, national ol'igin or handicap except fora bona fide occupational qualification in the selec- tionand retention of subconsultants, including procurements of materials' and .leases of equip- memt. The CONSULTANT shall not participate either directly or indirectly in the' discrimination prohibited bySection21.5 of the Regulations, including employment practices when'the contract covers a program set forth in Appendix II, of the Regulations. C. SOLICITATIONS FOR SUBCONSULTANTS, INCLUDING PROCUREMENTS OF MATERI- ALS AND EQUIPMENT: In all solicitations either by competitive bidding or negotiation made by the CONSULTANT for work to be performed under a subcontraCt, including procurements of materialsor.leasesof equipment, each potential subconsultant or supplier shall be notified by the CONSULTANT of the CONSULTANT's obligations under this AGREEMENT and the Regulations relative to nondiscrimination on the grounds of race, creed, color, sex, age, marital status, national ol'igin and handicap. D. INFORMATION AND REPORTS: The CONSULTANT shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books,records,accounts, other sources of information, and its facilities as may be determined by the AGENCY to be pertinent to ascertain compliancewith such Regulations or directives. Where any information required of the CONSULTANT isin the exclu- Page 4 of 8 sive possession of another who fails or refuses to furnish this information the CONSULTANT shall so certify to the AGENCY, or the United States Department of Transportation as appropriate, and shall set forth what efforts it has made to obtain the information. E. SANCTIONS FOR NONCOMPLIANCE: In the event ofthe CONSULTANT's noncompliance with the nondiscrimination provisions of this AGREEMENT, the AGENCY shall impose such sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: 1. Withholding of payments to the CONSUL T- ANT under the AGREEMENT until the CONSULTANT complies, and/or 2_ Cancellation, termination or suspension of the AGREEMENT, in whole or in part. F. INCORPORATION OF PROVISIONS: The CONSULTANT shall include the provisions of paragraphs (A) through (G) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The CON- SUL T ANT shall take such action with respect to any subconsultantor procurement as the AGENCY or the Federal Highway Administra- tion may direct as a means of enforcing such provisions including sanctions for noncompli- ance; provided, however, that, in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a subconsultant or supplier as a result of such direction, the CON- UL TANT may request the AGENCY to enter into such litigation to protect the interests of the AGENCY, and in addition, the CONSULTANT may request the United States to enter into such litigation to protect the intcrc5t3 of the United States. G. UNFAIR EMPLOYMENT PRACTICES: The CONSULTANT shall comply with RCW 49.60.180. IX TERMINATION OF AGREEMENT The right is reserved by the AGENCY to terminate this AGREEMENT at any time tJpon ten days written notice to the CONSULTANT. In the eVent thisAGREEMENT is terrninatedby the AGENCY other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANTas shown in Exhibit F for the type of AGREEMENT used. No payment shall be made for any work completed after ten days following receipt by the, CONSUL T- ANT 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 computed as set forth herein above, then no tinal paymentshall be due and the CONSULTANT shall immediately reimburse the AGENCY for any exc,ess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CON- SULTANT. the above formulaforpayment shall not apply. In such an 'event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULT- ANT in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to dateoftermina- tion, whether that work isin 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 maybe required to do so, and other factors which affectthevalue to the AGENCYoftheworkper~ formed at the time of termination. Under no circumstances shall payment made under this subsec- tion exceed the amount which would have been made using the formula set forth in the previous paragraph. If it is determined for any reason that the CONSULT- ANT was not in default or that the CONSULTANT's failure to perform is without it or it's employee's fault or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY in , '" " . '.....- ~ '-.---. .-, .- .=..::';::,::,:",=,:,;",.:>,,:;' ..',:,'- :: .S_j::";; ~ ..:..:.:--: '::_~;-i;2: .-....;.;-....::::.h._=. "." Page 5 of 8 ' In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervi- sory 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. The 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 concur- rence, 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 CON- SUL T ANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSUL T- ANT to perform work required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitle- ment 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 theAGENCY 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 offactinconnec- tion with the work not disposed of by AGREEMENT bew,;een the CONSULTANTand the,AGENCYshall be referred for determ ination 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. XII VENUE, APPL ICABLE f...A~ AND PERSONAL JURISDICT ION 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 Washing- ton, situated in the county the AGENCY is located in. 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 courtin accor- dance with the'laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Su~eribr court oUhe State of Washington, situated in the county in which the AGENCY is located in. XIII LEGAL RELATIONS AND INSURANCE The CONSULTANT shall complywithall Federal, State, and 'local laws and ordinances applicable to the work to be done under ~is AGREEMENT. This AGREEMENT shall be interpreted and construed in accord with the laws of Washington. The CONSULTANT shall indemnify and holdIhe AGENCY and the STATE,and their officers and employees harmless frem 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 CONSULTANTs ne~ligencebr breach of any of its obiigations under this AGReelv1eNT; provided that nothing herein shall require a CONSULTANT to indemnify the AGENCY and the STATE against and hold harmless the AGENCY and the STATE from claims, demands or suits based solely upon the conduct of the AGENCY and 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 and 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 and the STATE of defending such claims and suits, etc. shall be valid and enforce- able only to the extent of the CONSUL T ANT'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 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. The CONSULTANT recognizes that this waiver was specifically entered into pursuant to the provisions of RCW 4.24.115 and was the subject of mutual negotiation. 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 an acceptable, supplemental agreement, the CONSULTANT shall provide on-call assistance to the AGENCY during contract adminis- 'tration. 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 other- wise required, the following insurance with companies or through sources approved by the State Insurance Comm:sslaner pl1iSL:an: tc ~C\iV 48. Page 5 of g A. Worker's compensation andemployer'sliability insurance' as required by the STATE. B. General commercial liability insurance in an amount not less than a single limit of one million and 00/100 Dollars ($1,000,000.00) for bodily injury, including death and property damage per occurrence. Excepting the Worker's Compensation insurance and any professionalliabHity insurance secured by the CONSULTANT, the AGENCYlIViII be named on all , , certificates of insurance as an additional insured. The CONSULTANT shall furnish theAGENGY with verification of insurance andendorsementsrequired by this AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurancepoliciesatanytime. All insurance shall be obtained from an insurance company ,authorized to do business in the State of Washington. The CONSULT ANT shall submit a verification of insurance as outlined above within 14 days of the execution of this AGREEMENT to the AGENCY. No cancellation ofthe foregoing policies shall be effective withouUhirty(30) days prior notice to the AGENCY. The CONSULTANT's professional , liabHity to the . AGENCY shall be limited to the amount payable under this AGREEMENT or one million dollars, whichever isthegreater unless modified by ExhibitH.ln no case shall the CONSULTANT's professional liability to third parties be limited in any way. The AGENCY will paynoprogress payments under Section V until the CONSULTANT hasfully complied with this section. This remedyi$ not exclu- sive; and the AGENCY and the STATE may take such other action as is available to them under other provisions of this AGREEMENT, or otherWise in law. Page 7 orB 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 AGREE- MENT accordingly. C. The CONSULTANT must submit its "request for equitable adjustment" (hereafter referred to as claim) under this clause within 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 CON- SUL TANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and condition 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 ENDORSEM ENT OF PLANS The CONSULTANT shall place his endorsement on all plans, estimates or any other enginee~ing data furnished by him. XVI FEDERAL AND ST ATE REVIEW The Federal Highway fl,dministratiohand the Washington State Departmentof Transportation shall have the right to participate in the reviewor examination of the work in progress. XVII CERTIFICATION OF THE CONSULTANT AND THEAGENCY Attached hereto as Exhibit "A-1 ", are the Certifications of the Consultant and the Agency, Exhibit "A-2" Certification regarding debarment, suspension and other responsibility matters - primary covered transactions, Exhibit "A-3" Certifuation regarding the restrictions of the use of Federalfunds for lobbying, and Exhibit "A-4" Certifcateof Current Cost or Pricing Data. Exhibits "A-3">and "A.c.4" are only required in Agreements over $100,000. XVIII COM PLETE AGREEM ENT This document and referenced attachments contains 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, represen- tation, 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 ACCEPT ANCE 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 materials submitted by the CONSUL T- ANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof. In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year first above written, . ......... 4,//j,.., /Z,Vl.,.,l l/l /I/I~/ ,/ By 111/ / ;/,/ ~ //1//1/1-/ cot~ . ~~O~CrtaCOb~,KPG By Agency Mayor, City of Tukv;rila Page 8 of 8 ~. ExhibitA-1 Certification Of Consultant Project No. Local Agency Tukwila I hereby certify thatI am P. Joseph Giacobazzi representativeofthe finn of KPG,Inc 753 9th Avenue North, Seattle,WA 98109 firm I ~ere represent has: 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 this contract. (b) Agreed, as an express or implied condition for obtaining this contract, to employ or to retain the services of any firm or' person in connection with carrying out the contract. (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, cgp.tribution donation or consideration of any kind for, or in connection with procuring or carrying out the contract; except as here expressly stated (if any): I further certify thatthefirm I hereby represent isauthorizedto do business in the State of Washington and that the firm is in full compliance with the requirements of the board of Professional Registration. I acknowledge that thiscertiicateis to be avallableto the State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this contract involving participation of Federal aid funds and is subject to applicable State and Federal laws, both criminal , and civil. Jl J>) 1 ,/ O{/- ;/ 'Date .f/J1/A ~. II' (/ V 5',,,,,w,. Certification of Agency Official I herebycertifythatI am the AGENCY Official ofthe Local Agency of City ofTukwila Washington and that the above consulting firm or their representative. has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract to: (a) Employ or retain, or agree to employ or retain, any firm or person, or (b) Payor agree to pay to any firm, person or organization, any fee, contribution, donation or consideration of any kind, except as here expressly stated (if any). I acknowledged that this certificate is to be available to the Federal Highway Administration, U.S. Department of Transportation., in connection with this contract involving participation of Federal aid highway funds and it subject to applicable Stae and Federal laws, both criminal and civil. Date Signature Exhibit A-2 Certification Regarding Debarment, Suspension, and Other Responsibility . Matters-Primary Covered ,Transactions 1. The prospective primary participant certifies to the best of its lmowledge and belief, that it and its principals: (a) Are not presently debarred, ,suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions,byany 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 orfraud or a criminal offense in connection with obtaining, attempting to, obtain, or performing apublic (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 en~erated in paragraph l.b. of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default 2. 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, Ine ); l / I j./I}t.V ,/ I (Date) /J /J /' ,/ ~/ 11/1 / /1 ,',,' / / ,/ ;:/Y//iL /yure)7rdent o(Kuthorized Official of Consultant " " ExhibitA-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 belie:t;,that: 1. No federal appropriated funds have been paid orwill 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 empl()yeeof 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, andth~ extension"continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other thanfederalappropriated 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, lo~, orc09perative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to ReportL obbying," in accordance with its instructions_ This certification is a material representation offact 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 SectionB52, T itle31, U.S. Code. Any person who fails to file the required certification shaUbe subject toa civil penalty of not less thim $10,000 and not more than $100,000 for each such failure. . Theprospective 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 aU suchsubrecipients shall certify and disclose accordingly. Consultant (Finn): KPG, Inc (Date) ~ /1 // /' /? /f j;// /l h / /~ //;// Ii // //.// ~ (Si;;ifU~~;,~srr/~OriZed Official of Consultant ,'/ ;1 /-/ /' J I I / \! .~/L/ ~,II / l- /;.;"~, Exhibit A-4 Certificate of Current Cost or Pricing Data This is to verify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section 15.401 of the Federal AcquisitionRegulation (Flill.) and required \illder 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 Exhibit D-1 * are accurate, complete, andcurreht as of November 11, 2004 **. This certification includes the cost or pricing' data supporting any advance agreements and forward pricing rate agreements between the offeror and the Govenunehtthat are part of the proposal. Firm KPG, Inc Name P. Joseph Giacobazzi,KPG Title Prin.cipal Date ofExecution*** nlll /01& * 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. EXHIBIT B CITY OF TuKWILJ\. INTERURBAN AVENUE SOUTH S.143RDSTREETTOFORTDENTWAY KPG, Inc. Scope of Work October 27, 2004 A. PROJECT DESCRIPTION The CityofTukwila intends to improve Interurban Avenue South between South 14yd Street and Fort Dent Way. Recent funding for this project includes the preparation of plans, specifications and estimate, and right-of-way plans to improve the corridor. Improvements will include: · Minor widening to provide for standard lane widths. .' Installation of curb, gutter and sidewalk on both sides of the road · Pavement rehabilitation and overlay · New lighting · Interconnect and CCTV · Signalmodificatibnsasnecessary at Fort Dent Way · Aerial utility undergrounding · Storm drainage improvements including detention and water quality treatment · Landscaping,and irrigation · Slope stabilizatioIi of the exposed scarp above the road near Fort Dent Way · Possible retaining walls to contain the wider roadway section · New channelization and 'signing Project design and right-of-way plans will comply with federal funding requirements outlinedintheWSDOTLocal Agency Guidelines Manual. It is anticipated the project will require an Environmental Classification Summary and that the project will fall under the 1:JEPA Categorical Exclusion CCE) with documentation. This scope of work assumes that the documented CE will meet NEP A requirements. In addition it is anticipated that the project will require SEP A approval, Shoreline Approval and a Biological Assessment. B. DELIVERABLES The Consultant shall provide the following deliverables with this project: · Digital files of base mapping · 2 copies preliminary geotechnical report · 2' copies final geotechnical report · 2 copies of draft pavement report Page 10f6 EXHIBIT B . 2 copies offinal pavement report File copyof SEPA checklist File copy of all perrnitapplications 5 copies Drainage Design Report · . 10c6pies30%plans and estimate (11"x1?,,) 10 copies 60% plans, specifications, and estimate (11"x17") 10 copies 90% plans, specifications, and estimate (11 "x17") 2copies preliminaryright-of-way needs plans (11 "xl?") File copy of Final right-of-way plan (22",04" Mylar) Digital copies of all deliverables, in requested format . . . . . . . . The City ofT ukwilashall provide the following: · GIS aerial mapping information in digital format · Existing survey ahdright-of-way information · Any required traffic counts · Previous roadway design studies · Plan reviews, COmments, and approvals · Property owner mailings, if required · Meeting room arrangements · Survey right-of-entries, ifrequired · Environmental Classification Summary · Biological Assessment C. SCOPE OF WORK TASK1- MANAGEMENT / COORDINATION / ADMINISTRATION 1.1 The Consultant shall provide continuous project management for the project duration (estimate 12 months). 1.2 The Consultant shall prepare a comprehensive schedule and provide updates as necessary. 1.3 The Consultant shall ,prepare monthly progress reports identifying work in progress, upcoming work elements, and a reporting of any delays, problems or additional information needs. 1.4 The Consultantshall provide management and administration of all subcontractors included inrhisscope or work. 1.5 The Consultant shall prepare for and attend coordination meetings with City staff at regular intervals in the design process to discuss key issues and track progress (estimate 10 meetings). Page 2 of6 EXHIBIT B 1.6 The ConsultaIltshallprovidequality assurance/quality control (QNQC) reviews of all work products prior to submittal for City review. TASK 2--SURVEYAND BASE MAPJ?mG 2.1 The Consultant shall prepare design base maps of the corridor that includes the 100 yeadloodplainandrwo river crOss sections of the Duwamish River and the slopescaxpn.ear Fort Dent Way. EarthTech will provide survey, base mapping and right of way plans. 2.2 The Consultant shall coordinate field locates of all existing utilities in the corridor for incorPoration into the updated base maps. Field locates will be prepared by APS,Inc. A budget of $4,000 is included for use in field locates and potholing. PotholingIleedswill be identified following completion of the 30% design and City review. TASK 3 - PUBLIC INvOLVEMENT 3.1 The Consultant shallpn:pare for and attend one (1) community open house meeting. Meeting locations will be secured by the City. 3;2 The "Consultant shall attend one-on-one meetings with affected property owners along the. corridor to discuss the project, private property impacts andlor right-of- way and easement needs (estimate 6 meetings). 3.3 The Consultant shall prepare one newsletter to invite residents to community open house meeting. Preparation of distribution lists and mailing will be by the City. TASK 4- WSDOT COORDINATION 4.1 The Consultant shall attend one coordination meeting with WSDOT to obtain review and apprbval of the project design at the Fort Dent Way intersection. 4.2 The Consultant shall prepare, submit, and respond to WSDOT comments for plan. reviews; 4.3 The Consultant shall document meeting notes and phone correspondence with WSDOT. Page 3 of6 - EXHIBITB 5.1 The Con$ultantshall dis6:ibutemailings and preliminary plans to franchise utility purveyors along the corridor in order to facilitate relocation and adjustment coordination 5.2 The Consultant shall coordinate with franchise utilities to incorporate the necessary relocations, adjustments or upgrades into the project design. 5.3 TheConsult:mtshallcoordinate with Seattle City Light and'PSE for utility undergrounding improvements along the corridor (estimate 2 meetings). 5.4 The Consultant shall complete undergrounding civil conversion design based on conduit, vault and slab information provided by the utility purveyors. This scope is based on the assumption that the Seattle City Light system will be transferred over to PSE and that the utility undergrounding electrical design will be completed by PSE. 5.5 The Consultant shall document meeting notes and phone correspondence with all franchise utility purveyors, TASK 6 - GEOTECHNlCAL Th.TVESTIGATION 6.1 The Consultant shall obtain previous geotechnical information from past studies thatrnay have been prepared by the City, METRO,WSDOT or others in the project vicinity. 6.2 Based on previous studies. and field reconnaissance, the Consultant shall prepare a preliminary geotechnical'.review of the project. Preliminary geotechnical review will be performed by Landau Associates. 6.3 The Consultant shall complete field explorations to support pipeline design, slope stabilization, retaining wall design and pavement design based on the approved 30% plans. Field eA'})loration will be under the supervision of Landau Associates. Existing pavement sections willbe confirmed by rota-hammer exploration at up to 8 locations. 6.4 The Consultant shall compile previous geotechnical findings with the results of field explorations to develop geotechnical engineering results and conclusions. Geotechnical analysi$Vi>i.ll be performed by Landau Associates in accordance with this scope of work. Page4of6 ~' TASK 7 -P AVEMENTI1\T\TESTIGATION 7.1 The Consultant sh.all field test the existing pavement section using a falling weight deflectometerand existing pavement data to develop a pavement reconstruction/overlay plan for the corridor based on traffic composition data provided by the City. 7.2 The Consultant shall compile the results of field explorations to develop a pavement reconstruction report. Pavement testing and report preparation will be performed by Pavement Engineers. TASK 8 - PERlvu.l'lli~G 8.1 The Consu.lta.ntshallcoordinate with the King County Rood District for acceptanceo{ the, project scope (estimate 2 meetings). 8.2 TheConstiltantshallprepare and submit a SEPA checklist for review and processing by the City, 8.3 The Consultant sha.ll Prepare and submit a Shoreline Permit for review and processing by the City. 8.4 The Consultant shall document all meeting notes and phone correspondence with resource agencies. TASK 9 - PREPARE PLANS, SPECIFICATIONS AND ESTIMATE 9.1 The Consultantshall review alignment options and recommend minor variations to thealignrnent, channelization, median locations, etc. as appropriate. The variations willbe prepared in collaboration with City staff with the preferred alternative used for the basis of final design. 9.2. The Consultant shall prepare 30% plans based on the preferred alternative for City review and approval. 9.3 The Consultant shall prepare a Drainage Report for the project that outlines drainage basins, flow rates, detention and water quality facilities. 9.4 The Consultant shall prepare structu.ral design based on the preferred alternative. Strucmral design will be by CivilT echo It is assumed that the project structural elements will include 4,000:!: squ~re feet of structural wall and 25,000:!: square feet of soil stabilization slope' covering. PageS of6 , - -, EXHIBIT B 9.5 The,Conslllta.ntshall prepare 60% plans,and cost estimate for the roadway corridoLTheplahs shalLbe in sufficient detail to allow review and confirmation of plannedroaciway,pedestrian, channelization, drainage, and illumination system by the City during review. 9.6 The Consultant shall prepare 90% Plans (estimate 90 sheets) for review and approval by the City. Plans shall be formatted to provide sufficient detail for convenient field layout of all proposed facilities. City standard details and WSDOT standard plans will be supplemented with project specific details as required. Plan information shall include: · Centerline control information · Limits of construction · Typical sections and details · Roadwayplan and profiles · Temporary erosion and sediment control plans · Drainage system plan and profiles · Wall plan and profiles, and slope stabilization plans and details · Channelization and Signing plans · Signatthodification plans and details · Illumination plans · Civil undergrounding design · Urban Design plans and details · Landscape/restoration plans · Irrigation plans and details 9.7 The Consultant shall prepare 60% (outline only) and 90% specifications for review and approval by the City. Specifications shall be based on 2002 WSDOT / APWA standard specifications, using contract boilerplate and general special provisions provided by the City. 9.8 The Consultant shall calculate quantities and prepare a construction cost estimate' in support of the 30%, 60%, and 90% plans and specifications. TASK10- RIGHT-Of-WAY 10.1 The Consultant shall prepare preliminary right-of-way plans to document existing conditiotl$ based on existing Assessor and WSDOT information. 10.2 The Consultant shall finalize right-of-way plans based on the 60% design. The final right-of-way plans will identify all necessary easements and right-of-way acquisition. Page 6 of6 .'--"',:- Exhibit C-2 Payment (Cost Plus Fixed Fee) The CONSUL TA.1\JT shall be paid by the AGE NCYfor completed work and services rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for all work performed or services rendered and for all labor, materials, equipment, and incidentals necessary to complete the work specified in Se:ctionII, "Scope ofW.ork."The CONSUL TANT shall conform with the applicable portion of 48 CFR 31. A. Actual Costs Payment for alfconsu.lting services for this project shall be on the basis of the CONSUL T ANT's actual cost plus a fixed fee. T he actual cost shall include direct salary cost, overhead, and direct nonsalary cost. 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 AGRE EMENT. 2. Overhead Costs Overhead costS are those costs other than direct costs which are included as such on the books of the CONSUL T ANT in the normal everyday keeping of its books. Progress payments shall be made at the rate shown in the heading ofthisAGRE EMENT, under "Ove:rhead Progress Payment Rate_" Total overhead payment shall be based on the method shown in the heading of the AGRE EMENT. The three options are explained as follows: a. Actual Cost Not T 0 Exce:ed Maximum Percent If this method is indicated in the heading of this AGREEMENT, the AGENCY agrees to reimburse the CONSUL TANT at the actual overhead rate verified by audit up to the maximum percentage shown in the space provided. Final overhead payment when aCcumulated with all other actual costs shall not exceed the total maximum amount payable shown in the heading of this AGRE EMENT. b. Fixed Rate: If this method is indicated in the heading of the AGRE EMENT, the AGENCY agrees to reimburse the CONSUL T ANT for overhead at the percentage rate shown. T his rate shall not change during the life of the AGREEMENT. A summary of the CONSULTANT's cost estimate and the overhead computation are attached hereto as Exhibit D-l and by this reference made part of thisAGRE EMENT. When an Actual Cost method, or the Actual CostNot T o Exceed method is used, the CONSUL TANT (prime and all subconsultants) will submit to the AGE NCYwithin three months after the end of each firm's fiscal year, an overhead schedule in the format required by the AGE NCY (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 thefoHowingyear and tor retroactively adjusting the previous year's overhead cost to reflect the actual rate. Failure to supply this inform ation by either the prim e consultant or any of the sub consultants shall cause the agency to withhold paym ent of the billed overhead costs until such fun e as the required information is received and an overhead rate for billing purposes is approved. ~\" "\::~(;. "-; The STATEand/orthe Federal Governrh.ent mayperfol11l an audit of the CONSUL TANT's books and recmds at any time during regular business hours to determine the actual overhead rate, if they so desire. 3. DirectNc.msalary Costs Direct nansalary costs will be reimbursed at the actual cast to the CONSUL TANT. These charges may include, but are nat limited to the fallawingitems: travel, printing, long distance telephone, supplies, camputer charges"and fees afsubcansultants. Air ar,iTain travel will 'only be reimbursed ta economy class levels Unless athelWise approved by the AGE NCY. Autamobile mileage far travel will be reimbursed at the current rate app' avedfar AGE NCY emplayees and shall be supparted by the date and time 'of each trip with 'origin and destination 'of such trips. Subsistence and ladging expenses will be . reimbursed at the same rate as far AGE NCY employees. T he billing far nansalary cast, directly identifiable witb.thePraject, shall be an itemized listing 'of the charges supparted by copies 'of 'original bj1ls, invaices, expense accounts, and miscellaneous supporting data retained by the CONSUL T ANT. Capiesaf the 'original supparting dacuments shall be provided ta the AGE NCY upan request. All 'of the above Cl1arges must be necessary for the services ta be pravided under this A GRE EMENT. 4. Fixed Fee The fixed fee, which represents the CONSUL TANT's profit, is shown in the heading 'of this AGREEMENT under Fiied Fee. This am aunt daes not include anyadditianal fixed fee which cauld be autharized from the Management Reserve Fund. T, his fee is based an the scape 'of wark defmed in this AGREEMENT and the estimated man-manths required ta perfarm the stated scape ofwark. In the event a supplemental agreement is entered inta faradditianal wark by the CONSUL TANT, the supplemental agreement may include provisians far the ,added casts and an appropriate additional fee. T he fixed fee will be prorated and paid manthly in proportionta the percentage 'of wark completed by the CONSUL TANT ,and reparted in the manthly progress reparts accampanying the invaices. Any partian of the fixed fee earned but not previausly paid in the progress payments will be covered in the fuialpayment, subject ta the pravisians 'of Sectian IX, T enninatian 'of Agreement. 5. Management Reserve Fund The AGENCY may desire ta establish a Management Reserve Fund to pravide the Agreement Administrator the flexibility 'of autharizing additianal funds ta the AGRE EMENT for allawable unfareseen casts, or reimbursing the CONSUL T ANT far additianal wark beyand that already defined in this AGREEMENT., Such autharizatian(s) shall be in writing and shall nat exceed the lesser 'of $50,000 'or 10% 'of the Total AmauntAuthorized as shawn in the heading of this AGRE EMENT. The amount included far the Management Reserve Fund is shown in the heading of this agreement. T his fund may be replenished in a subsequent supplemental agreement. Any changes requiring additional costs in excess 'of the "Management Reserve Fund" shall be made in accordance with Section XIV, "E xtra Work." 6. Maximum Total Amaunt Pa:yable The maximUI1l total amount payable, by the AGE NCY ta the CONSUL TANT under this AGRE EMENT, shall not exceed the amount shown in the heading of this A GRE EMENT. The Maximum T atal Amount Payable is comprised of the Total Amount Authorized, which includes the Exec! Fee-anc1 the': Management R e<;erv('" Fmv:t T, he" M a"Cimum T 0ta 1 Am0m~t P?vat-k d0e'''' not !nc1uck paymemfor extra work as stipulated inSectionXI\ .,-'E xtra W ork:- B. MonthIfProgr-ess Pa)'ments The CONSUL TANT may submit invoices to the AGE .NCY for reimbursement of actual costs plus the calculated overhead and feenot more often than once per month during the progress of the work. Such invoices shall iJe in a fonnat approved by the AGE NCY and accompanied by the monthly progress reports required under Section III, General Requirements, of this AGRE EMENT. The invoices will be supported by an itemizedlisting fqreach item including direct salary, direct nonsalary, and allowable overhead costs to which will be added the prorated Fixed Fee. . T 0 provide a means of verifying the invoiced salary costs for CONSULTANT employees, the AGE NCY may conduct employee interviews. These interviews may consist of recording the narnes,titles, and present duties of those employees perfonning work on the PROJE CT at the time of the interview. C. Final Payment FinalpayIXlentofany balance due the CONSUL T ANT of the gross amount earned will be made promptly upon its verification by the AGE NCY after the completion of the work under this AGRE EMENT, contingent uponreceipt of all PS&E,plans, maps, notes, reports, and other related documents which are required to be furnished under thisAGREEMENT. Acceptance of such final payment by the CONSULTANT shall constitute a release of all claims for payment which the CONSUL T ANT may have against theAGE NCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSUL TANTpriorto its acceptance. Said final payment shall not, however, be a bar to anyclaims that the AGE NCYmayhave against the CONSUL TANTor to any remedies the AGE NCY may pursue with respectto such claims.T he payment of any billing will not constitute agreement as to the appropnateneSsof any item and thaJ atthe 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 AGE NCY within ninety (90) days of notice of the overpayment Such refund shall not constitute a waiver by the CONSUL T ANT for any claims relating to the validity ofa finding by the AGE NCY of overpayment D. Inspectlonof CosfRecords The CONSUL T.A.NTand the sub consultants shall keep available for inspection by representatives of the AGENCY and the United States, for a period of three years after final payment, the cost records and accounts pertaining tothis AGRE EMENT and all items related to or bearing upon these records with the following exception: ifanylitigation, claim, or audit arising out of, in connection with, or related to this contract is initiated before the expiration of the three-year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. Hour and Fee Estimate Interurban Avenue South South 143rd Street to Fort Dent Way Hour and Fee Estimate Hour and Fee Estimate '1",..~,. , E bD 01:: 011.- ~E~~ " ,'.~<.~ .- I:: .cll~ ~,.'~h '0'- I::U III , ...:1. ..... 6 ...... ff! 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(/) <:I" o % ~ ~ ~ ~ ~ ~ Exhibit E STATEMENTOFDJRECT LABOR, FRINGE BENEFITS, AND GENERAL OVERHEAD Based on year end December 31,2004 KPG, INC. P.S. DESCRIPTION %Of Direct Labor I ITotal 2002 Salary I IDlRECT LABOR I FRINGE BENEFITS Payroll Taxes Insurance - Medical/Dental/Disability Paid Leave Vacation/Holiday/ Sick 401K Employee Bonus TOTAL FRINGE BENEFITS 12.1% 8.1% 13.8% 5.8% 132% 53.0% GENERAL OVERHEAD Indirect Labor Legal & Accounting Services Automotive & TravelExpenses Payroll Service Donations Conferences Training/ Education Organizations Publications Business Retreat Employee Recruitment Employee Services Interest Expense Equipment Support Professional Licensing Meals & Entertainment Off Road Vehicle Office Supplies Postage/Shipping Printing/ Reprographics Reimbursed Office Expense Subconsultants Rent Repairs & Maintenance Business T:3xes & Insurance Communications Utilities Depreciation Cost of Money Self Insurance TOTAL GENERAL OVERHEAD 25.6% 1.4% 1.4% 0.2% 0.1% 0.5% 0.6% 0.4% 0.1% 0.9% 0.1% 0.6% 0.0% 9.2% 0.2% 1.6% 0.0% 6.7% 0.3% 2.8% 0.1% 0.0% 18.5% 7.3% 10,3% 1.8% 0.8% 5.1% 0.4% 4.5% 101.9% 2003 Expense $1,997,125 $1,118,277 135,370 90,273 154,564 64,815 147,522 $ 592,544 286,304 16,081 15,661 2,577 1,025 6,131 7,239 4,940 1,452 10,067 1,008 7,262 352 103,270 2,080 18,384 75,229 3,116 31,197 1,497 206,640 81,917 115,731 20,211 8,519 57,037 4,472 50,000 $1,139,399 Adjustments $0 $0 (1,025.00) (352.00) (9,192.00) (1,497.00) ($12,066) 2003 Expense 1$1,118,277 135,370 90,273 154,564 64,815 147,522 I $ 592,544 286,304 16,081 15,661 2,577 6,131 7,239 4,940 1,452 10,067 1,008 7,262 103,270 2,080 9,192 75,229 3,116 31,197 206,640 81,917 115,731 20,211 8,519 57,037 4,472 50,000 1$1,127,333 I ". ,'j n$1;i19,877C IfoTACO=VERHEAD>EXPENSE:. ,'. "..,'.\{s4.88o/D $1,731,9431\T...,.'. '($12,066) . . '. _,~.. _,. "".,,':__ % Of Direct Labor 12.1% 8.1% 13.8% 5.8% 13.2% 53.0% 25.6% 1.4% 1.4% 0.2% 0.0% 0.5% 0.6% 0.4% 0.1% 0.9% 0.1% 0.6% 0.0% 9.2% 0.2% 0.8% 0.0% 6.7% 0.3% 2.8% 0.0% 0.0% 18.5% 7.3% 10.3% 1.8% 0.8% 5.1% 0.4% 4.5% 1 00.8% ....... ....... 15:3.80% Exhibit F Payment Upon Termination of Agreement , .By the Agency Other Than for Fault of the Consultant (Referto Agreement, Section IX) LumpSumContracts A' final payment shall be made to, the CONSUL. TANT which when added to any payments previously made shall total the same percentage ofthe.Lump Sum Amount as the work completed at the time of ~(,UHination is to the total work required for the PROm CT. Tn addition, the CONSUL T ANT shall be paid for any authorized extra work completed. Cost Plus Fixed Fee Contracts Afinalpayment shall be made to the CONSUL T ANT which when added to any payments previously made, shall . total the actual cc;>sts 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 CONSUL T ANT shall be paid for any authorized extra workcompleted. Specific Rates of Pay Contracts A final payment shall be made to the CONSUL,' TANT for actual hours charged at the time of termination of this AGREEMENT plus any directnonsalal)' costs incurred at the time of termination of this AGRE EMENT. Cost Per Unit of Work Contracts A final payment shall be made to the CONSUL. T ANT for actual units of work completed at the time of termination of this AGRE' EMENT. Exhibit G Subcontracted Work The AGENCY pennits subcontracts for the following portions of the work of this A GRE EMENT: F~rtnTp,r:b - Snrvp:v ~ P:wement RnO"il1P:f':1"~ -~~tTf':~lnO" ~nrl T)f':~10il !..- , ~ ~ Clvl1tec:b - Stmetnr::Jl Rnelnf':F1:in~ A PS - TTtl11tvT.()r.~tp.~ I Potllo11np- ~ - " Transportation Committee Noyember 8,2004 Present: .Joan Hernandez, Chair; Pam Carter, Joe Duffie Pat ,Brodin, RobinTischmak, Jim Morrow, Kevin Fuhrer, Alan Doerschel, Frank lriarte, Gail Labanara, Lucy Lauterbach ~the I:::i;:;~~V:;:o~~~~n~:~~~t~~:~~~~~~e~~e::;{~~~~~ i~~~~~~ a~r 1:~ing interviewing five of the fourteen finns that were interested, staff chose KPG by a wide margin. They scored higher than other companies on every rating criterion. The design and engineering costs of $434,710.24 are within the project budget, although Joan noticed that in the CIP there is not money for constructionuntilafter201O. She asked if the design work being done now would still be useful if construction didn't occur until that many years ahead, and Jim assured her it would. The Committee approved the scope of work that was included.. Authorize mayor to shmcontract with KPG for deshmservices for Interurban. 2. SouthcenterParkwav Extension SUDulement David Evans already has a $351,000 contract to design the extension ofSouthcenter Parkway to the south city limits. Additional design work is neededforthe sewer line from Minkler to S. 200th and the additional 1,400 feet of roadway to reach the city's southern boundary, so a supplement to the contract has been prepared. Segale did some preliminary design work on the sewer, but the majority of design still remains to be done. A supplement has been negotiated in the amount of $70,615, and is within budget. Advertising for construction is included in the work. Jim said the City cannot afford to build the road or sewer without bonds, and we couldn't pay the bond payments without assistance from the TVS project. Pam pointed out that the only reason forthe sewer project is to serve the TVS project. The sewer money is within theS. J 80th Street project in the CIP. Recommend authorizint?; mayor to si2:n suuplement for extension. 3. Tukwila InternationaIBoulevard(TIB) Phases 2 and 3 of the TIB project were previously discussed inJate2003 andearly2004, but there was not enough money to do both phases, so the southern section thatwouidcontinue the previous improvements north, had been chosen. Since the first of the yeartheCityhasreceivedmore funding, and is now able to do both phases, if some savings are found. The Committee considered the $16.5 m and $16.l5m versions and recommended the $16.15 million dollar version, and also considered other savings that could be made if necessary; Move discussion to CO'V. 4. Cascade View Park Cascade View CommunitY,Park construction is complete, and the city is ready to release the retainage of the contractor. Though the contract was largely done in 2003, there wereanumberoflandscapeissues that have remained open. Thoseare now resolved, and the project can be closed out. Joan asked what the $8,571.20 cost overruns were for and ".vas infonned they were partly for gravel, asphalt and the sidewalk extension. Recommend proiect acceptance and release of retaina2:e to consent a2:enda of a Re2:ular Meetin2:.