HomeMy WebLinkAboutTrans 2016-02-01 Item 2A - Agreement - Cascade View Safe Routes to School Phase II with KPG IncCity of Tukwila
Allan Ekberg, Mayor
Public Works Department - Bob Giberson, Director
INFORMATIONAL MEMORANDUM
TO: Mayor Ekberg
Transportation Committee
FROM: Bob Giberson, Public Works Director
BY: Dave Sorensen, Project Manager
DATE: January 29, 2016
SUBJECT: Cascade View Safe Routes to School Phase II
Project No. 91510302
Consultant Selection and Agreement
ISSUE
Execute a contract with KPG, Inc. to provide design services for the Cascade View Safe Routes to School Phase II Project.
BACKGROUND
In September 2015, the City was awarded a federally funded grant as part of the Safe Routes to School Program that is to be
used for Cascade View Elementary School Phase II. The project will provide construction of a traffic circle at 33rd Ave S/S
140th St and sidewalks on the east side of 33rd Ave S between S 140th St and S 144th St and the south side of S 140th St
between Military Rd S and 34th Ave S.
DISCUSSION
Consulting firms were selected for consideration from a review of firms listed on the MRSC Roster. Consultants who scored in
the top five of the firms reviewed from the MRSC Roster were contacted to provide a Statement of Qualifications. Three of the
five firms provided a Statement of Qualifications and were then interviewed. KPG prevailed to provide engineering design
services for the project (see attached consultant scoring matrix).
FINANCIAL IMPACT
KPG has prepared the attached contract, scope of work, and fee estimate to provide the necessary engineering services for
the Cascade View Safe Routes to School Phase II Project. As Phase II was originally funded after 2020 in the adopted 2015
CIP, the November 2015 budget amendment added $134,000 for design and $794,000 for construction with $838,950 in grant
funding. As the consultant contract is $138,205.30, additional funding will come from the construction budget.
Contract Nov. Budget Amendment
Design Budget $ 134,000.00
Construction Budget Used for Design 5,000.00
KPG Design Contract $138,205.30 $ 139,000.00
RECOMMENDATION
Council is being asked to approve the contract with KPG, Inc. in the amount of $138,205.30 for design of the Cascade View
Safe Routes to School Phase II Project and consider this item at the February 8, 2016 Committee of the Whole Meeting and
subsequent February 16, 2015 Regular Meeting.
attachments: Vicinity Map
Consultant Selection Scoring Matrix
Page 3, Existing 2015 CIP and Budget Amendment CIP sheet
Contract, Scope of Work and Fee Estimate
W: \PW Eng \PROJECTSW- RW & RS Projects\Safe Routes to School - Cascade View Phase II (91510302) \Design \Consultant Selection\Docs to TC \Info Memo KPG PE Consult Select 01 -29 -16 gl (2).docx
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CASCADE VIEW ELEMENTARY SAFE ROUTES TO SCHOOL PHASE 2 i City of Tukwila
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CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2015 to 2020
PROJECT: Cascade View Safe Routes to School Project No. 91210301
Construct an off - street, paved shared use path, sidewalks, and a traffic circle at 33rd Ave S and S 140th St.
DESCRIPTION: This route was identified in the Walking Audit prepared for the Cascade View school zone. S 140th St is one
of the high priority missing sidewalk areas prioritized as part of the Walk and Roll Plan.
JUSTIFICATION: Enhance safety for students walking to Cascade View Elementary School and encourage transportation choices
for Cascade View neighborhood residents.
STATUS: Phase I is construction of an off - street, paved shared use path between S 137th St and S 140th St.
Phase II includes a traffic circle at 33rd Ave S/S 140th St. Also includes sidewalks on the east side of 33rd Ave S
between S 140th St & S 144th St and the north side of S 140th St between Military Rd S and 34th Ave S.
MAINT. IMPACT: New trail, traffic circle, and sidewalks will need to be maintained.
COMMENT:
WSDOT Safe Routes to School State grant for $428K for Phase I. Funding for Phase II in beyond will be part of a
future grant application.
FINANCIAL Through Estimated
(in $000's
2013 2014 2015
2016
2017
2018
2019
2020
BEYOND TOTAL
EXPENSES
Phase II
Design
30
68
29
183
310
Land (R/W)
7
63
70
Const . Mgmt.
25
10
126
161
Construction
264
85
530
879
TOTAL EXPENSES
37
420
124
0
0
0
0
0
839
1,420
FUND SOURCES
Awarded Grant
30
398
428
School District Grant Portion
29
29
Proposed Grant
750
750
Mitigation Expected
0
City Oper. Revenue
7
22
95
0
0
0
0
0
89
213
TOTAL SOURCES
37
420
124
0
0
0
0
0
839
1,420
0 Project Location
2015 - 2020 Capital Improvement Program
3
4
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2016 to 2021
PROJECT: Cascade View Safe Routes to School Phase 11
Project No 91510302
Construct an off- street, paved shared use path, sidewalks, and a traffic circle at` '^ d" `' e S and S 140th St.
DESCRIPTION: This route was identified in the Walking Audit prepared for the Cascarfr \ c scl ,. , zc ie. S 140th St is one
of the high priority missing sidewalk areas prioritized as part r' t e v1 , a..., Roll Plan.
JUSTIFICATION: Enhance safety for students walking to CascaffiiF V
for Cascade View neighborhood le. "dent
STATUS: Phase I completed an Poi- et, I iv.;d shared use pith hP° e. 1 7...1 St and S 140th St in 2015 (91210301).
Phase IJ f` :It dt alitc circle at 33rd AvP S ",140 t: Also includes sidewalks on the east side of 33rd Ave S
between 14Jth St & S 144th St is < e ,0rtY....1de of S 140th St between Military Rd S and 34th Ave S.
ary School and encur , a sprtation choices
MAINT. IMPACT:
COMMENT:
New trail, traffic &cle. ,, ' walks will need to be maintained.
Phas >,` N .'.`.,01 "Safe Routes to School Federal grant for $839K. Mitigation of $37k from Orcas Homes.
Phase I included a WSDOT Safe Routes to School State grant for $428K.
FINANCIAL Through Estimated
(in $000's)
2014 2015 2016
2017
2018
2019
2020
2021
BEYOND TOTAL
EXPENSES
Phase 11
Phase II
Design
59
24
134
217
Land (R/W)
65
65
Const . Mgmt.
46
43
50
90
229
Construction
247
63
225
429
964
TOTAL EXPENSES
417
130
409
519
0
0
0
0
0
1,475
FUND SOURCES
Awarded Grant
368
29
384
455
1.236
School District Grant Portion
29
29
Proposed Grant
0
Mitigation
37
37
City Oper. Revenue
49
72
25
27
0
0
0
0
0
173
TOTAL SOURCES
417
130
409
519
0
0
0
0
0
1,475
Draft 2016 - 2021 Capital Improvement Program
3
5
Local Agency A&E Professional Services
Cost Plus Fixed Fee Consultant Agreement
Agreement Number:
Firm/Organization Legal Name (do not use dba's):
KPG, Inc.
Address
753 9th Ave N, Seattle, WA 98109
UBI Number
601 248 468
Execution Date
Federal Aid Number
Federal TIN or SSN Number
91-1477622
Completion Date
December 31, 20] 6
1099 Form Required
P1 Yes FT No
Project Title
Cascade Elementary Safe Routes to School - Phase 2
Federal Participation
Yes 1 No
Description of Work
Prepare Final Plans, Specifications, and Estimates for thc Cascade Vicw Elementary Safe Routes to School -
Phase 2 Project.
Yes
Yes
Yes
E Yes
I I
Index of Exhibits
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit H
Exhibit 1
Exhibit J
No DBE Participation
Fri No MBE Participation
No WBE Participation
FT No SBE Participation
Total Amount Authorized: $139,205.30
Management Reserve Fund: $0.00
Maximum Amount Payable: $139,205.30
Scope of Work
DBE Participation
Preparation and Delivery of Electronic Engineering and Other Data
Prime Consultant Cost Computations
Sub-consultant Cost Computations
Title VI Assurances
Certification Documents
Liability Insurance Increase
Alleged Consultant Design Error Procedures
Consultant Claim Procedures
Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 1 of 14 6
Revised 4/10/2015
THIS AGREEMENT, iiiade ancl enteied into as shown in th "[xccution Date" box on page onc (1) of this
AGREEMENT, between the City o[Tukwila
hereinafter called the "AGENCY," and the "Firm / Organization Name" referenced on page one (1) of this
/\(]R[SK]ENT, hereinafter called the "CONSULTANT."
VVL{SRE/\S,1hcAGENCYdcsirou(ooucunnlixbdhc`vurkrcGorcoccdio"Description of Work" on page one (I)
of this AGREEMENT and hereafter called the "SERVICES.," and does not have sufficient staff to meet the required
commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide
the necessary SERVICES; and
WI IEREAS, the C'ONSU1IAN[ represents that they comply with the Washington State Statutes relating
to professional registration, if applicable, and has xiuniGcd a willingness to furnish consulting scrviccs lo
the AGENCY.
NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein,
or aitached and incorporated and niade a part hcreo[1bcynriioshcrctongrceuafb||owx:
U. General Description of Work
The work under this AGREEMENT shall consist of the above-described SERVICES as herein defined, and
necessary to accomplish the completed work for this p 'ccL The CONSULTANT shall furnish all services, labor,
and relat duJuipmcntuod,i[upp|icab|o,aub-conouDouiyuoduubcooi,uc(oroocccsoary1ocouductuodcnoop|ctcthe
SERVICES as designated elsewhere in this AGREEMENT.
II. General Scope of Work
The Scope of Work and projected projected level of efrort required for these SERVICES is described iu Exhibit '^A" attached
hereto and hy this referencc inade a part of this AGRFEMENT. The General Scope ofWork was dcveloped
utilizing performance based contracting methodologies.
III. General Requirements
All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall
receive advance approval by tbc/\(][NCl! Necessary contacts and meeting,s with agencies, groups, and/or
individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress,
and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials,
groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT
sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days'
notice shall be agreed 10 between the AGFNCY and the CONSULTANT and shown iu Exhibit ^^A."
The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will
outline in written and graphical form the various phases and the order of performance of the SERVICES in
sufficient detail so that the progress of the SERVICES can easily be evaluated.
The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws,
rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under
this AGREEMENT. This AGREEMENT shal! be interpreted and construed in accordance with the laws ofthe State
of Washington.
Aareement Number:
Local Agency A&E Pr feso/nna/3envin=sCostPlusFix*dFeeConsultantAgreement Page 2 of 14 7
Revised 4/10/2015
Participation .for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBF), if required,
pci 49 CFR Part 26, shall he shown on the licading oCthis AGRFEMENT. |[ DBE firms are utilized n1the
commencement of this AGREEMENT, the amounts authorized to each boo and their certification number will
be shown on Exhibit "B" attached hereto and by this reference made part ofthis AGREEMENT. tithe Prime
CONSULTANT is a DBE certified :firm they must comply with the Commercial Useful Function (CUF) regulation
outlincd in the AGENCYs "DBE Program Participation Plan" and perform a minimum V[30Y6o[ the total amount
u[ this AGREEMENT. It is recommended, but not required, that non-DBE Prime CONSULTANTS perform
a minimum of 30% of the total amount of this AGREEMENT.
The CONSUDANT, on monthly basis, is required required lo suhmit DBE Parlicipation ol the amc)UOIS paid to all DBE
firms invoiced for this A
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 aSoutlined iuExhibii^`C —
Prcnarutiun and Delivery of Electronic Engineering and other [}uta."
All designs drawings, specifications, documents, and other work products, including all electronic 'files, prepared
by the CONSULTANT prior CONSUUFANT prior 10 coinpletion or termination of' this AGREEMENT are instruments nf service fig
these SERVICES, and are the property o[ the AGENCY. Rcuse by the AGFNCY or hy othcrs, acting through or
on behalf of the AGENCY of any such instruments of service, not occurring as a part of this SERVICE, shall be
without liability or legal exposure to the CONSULTAN't
Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other
party by (i) certified mail, return receipt requested, or (ii) by email or facsimile, to the address set forth below:
Trio AGENCY:
Name: David Sorensen
Agency: City ofTukwila Public Works Dcpl.
Address: 6300 Souihcenter Boulevard
City: Tukwila State: WA Zip: 98188
Email: dnvid.snrcnsolqiukwiiuv/a.gov
Phone: (206) 431-3653
Facsimile:
lftoCONSULTANT:
Name: Nelson Davis
Agency: KPG, Inc.
Address: 753 9th Ave N
City: Seattle State: WA Zip: 98109
Email: ue\xoo(4nv.o"cu
Phone: (206) 267-1052
IV. Time for Beginning and Completion
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing
by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this
AGREEMENT titled "Completion Date."
The established completion time shall not be extended because of any delays attributable to the CONSUL TANT,
but may he extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of
unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the
CONSULTANT. /\ prior supplemental AGREEMENT issued hy the AG[NCY is required to extend the estahlishcd
completion time.
Agreement Number:
Local Agency A8EProfessional Services Cost PIus Fixed Fee Consultant Agreement Page 3 of 14
Revised 4/10/2015
8
V. Payment Provisions
liie CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT
as provided hereinafier. Such payment shall be full compensation for SERVICES performed or SERVICES
rendered and for all labor, materials, supplies, equipment, and incidentals nccessary lo complete SERVICES,
specified in Section 11, "Scope ofWork". The CONSULTANT shall conthrm to al! applicable portions of4S CFR
Part 3l(vvvwec/r.gnv). The estimate in support ofthe Cost Plus Fixed Fee amount is attached hereto as Exhibits
"D" and "E" and hy this refcrencc inade pari of this AGREEMFNT.
A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the
C()NSULFANT'S actual cost plus a fixcd fee. The actual cost shall inclLIde direcl salary cost, indircct cost ratc,
and dircct non-salary costs.
1. Direct Labor Cost*: The Direct Iad»o, Cost is the direct salary paid 10 principals,
professioiia!, technical, and clerical personne! for the tirne they are productively engaged in work necessary
to fulfill the terms of this AGREEMENT. The CONSDLJ}\NTshall maintain support data to verify the
dircct salary costs billed to the AGENC'Y.
Indirect Cost Rate GCR) Costs: ICR Costs are those costs, other than direct costs, \vhich are included as
such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments
shall be made at the ICR rates shown in attached Exhibits "D" and "E" of this AGREEMENT Total.
ICR paynient shall be based on Actual Costs. The AGENCY agrees to reimburse the CONSULTANT
the actual ICR costs verified by audit, up to the Maximum Total Amount Payable, authorized under this
AGREEMENT, when accumulated with all other Actual Costs.
A summary of the CONSULTANT'S cost' estimate and the ICR percentage is shown in Exhibits "D" and
`^[=, attached hereto and hy this reference made part of this AGREEMENT. The CONSULTANT (prime
and all suh-consultants) will submit to the AGENCY within six (6) months after the end of each firm's fiscal
year, an ICR schedule in the format required by the AGENCY (cost category, dollar expenditures, etc.) for
the purpose ofaJ\uado� the lCR rate for billings received and paid during the fiscal year represented hythe
ICR schedule. It shall 'also be used for the computation of progress payments during the following year and
for retroactively adjusting the previous year's ICR cost to reflect the actual rate. The ICR schedule will be
sent to Email: Cmzau|tuu\|<a1ux(cii:`vxdoLv/x.gox
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 costs until such time as the required information
is received and an overhead rate tor billing purposes is approved.
The /\(]ENCY`n Project Manogcruud/o,ihcFcder8|Govcrnmontcnaypc,[brnzanoudiiu[Uho
CONSULTANT'S books and records at any time during regular business hours to determine the ac ual CR
rate, i[ they oodesire.
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 nol limited to, the. 6zl|ov/ing items: travel, printing,
long distance telephone, supplies, computer charges and fees of sub-consultants. Air or irain travel will he
reimbursed only to econorny ctass levels unless otherwise approved hy the AUENCY. The CONSULTANT
shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs)
in accordance with WSDOT's Accounting Manual M 13-82, Chapter 10 — Travel Rules and Procedurcs, and
revisions thereto. Air, train, and rental car costs shall be reimbursed in accordance with 48 Code of Federal
Regulations (CFR) Part 31.205-46 "Travel Conts." The billing for Direc\Non'Sa|ury Costs shall include an
itemized listing of the charges directly identifiable with the PROJEC1'. The CONSULTANT shall maintain
the original supporti documents in their officc. Copies of thc original supporting documents shall be
supplied to the AGENCY upoii request. All above charges nnist he necessary for the services provided
under this AGREEMENT.
Agreement Number:
Local Agency A&E Professional Services Cost PIus Fixed Fee ConsultantAgreement
Revised 4/10/2015
Page 4 of 14
9
4. }ixcdFec:Tbe/ixcd1ee,nhicbrcprcscu1aUzcCON8L1L])\NT'Spnufi1.issbo\vniuuUuubcdEshihitx`^D"
and ^'[`of this AGREEMENT. This fee is hascd on tlic Scope ofWork defincd in Ibis AGREEMLNT and
the eslimalcd person-hours required to perform lhc stated Scope ofWork. }o the event the C(}NSUE[ANT
enters into a supplemental AGREEMENT for additional work, the supplemental AGREEMENT may
include provisions for thc added costs and an appropriate addiiiona] The Fixed Fee \vil|hcprorated
and paid monthly in proportion 10 lhe percentage of work completed by the CONSULTANT and reporbed
in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not
previously paid in the progress payments will he covered in the final payment, subject to the provisions of
Section IX eniitled Termination ofAgreemeni."
5. Management Reserve Fund (\4RE): The AGENCY may desire to establish MRF to provide tbcAaeenocu1
Administrator with the flexibility to authorize additional funds to the AGREEMENT -for allowable
unforeseen costs, nrrcinoburoiog the CONSULTANT for additional work beyond that already defined in
this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $100,000 or
10% of the Total Amount Authorized as shown in the heading of this AG-REEMENT. The amount included
for the MRF is shown in the heading of this AGREEMFN'I. This fund may nol be replcnished. Any
changes requiring additional costs in excess of the MRF shall be made in accordance with Seetion
"Changes o[Y0/ck."
6. Maximum Total Arnount Payable: Thc Maximum 1 otal Amount Payablc 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
ihoK{8LF. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in
Section XIII, "Changes of Work." No minimum amount payable is guaranteed under this AGREEMENT.
H. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of
Actual Costs plus the iCUuod calculated fee on u/oouUhly basis during the progress o[the work. Such billings
shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under
Section I[}_ "General llequircmcu\u" of this AGREEMENT. The billings will be supported by an itemized
listing for each item including Direct (RAW) Labor, Din:ctEJou-So|ur4 and allowable ICR Costs to which will
be added the proratcd Fixed Fee. [0 provide a means of verifying lhe billed Direct (RAW) Labor costs for
CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of
recording the names, titles, Direci (RAW) Labor rates, and present duties of those cmployccs performing work
on the PROJLCT at the time of the interview.
C. Final Payrnent: Final Payment ofany balance due the CONSUIJANT ofthe gross amouni earncd will be made
promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT,
�
contingent, if applicable, upon receipt ofall PS&E, plans, maps, notes, reports, electronic dala and other related
documcnts which are required to he furnishcd undcr thisAGREEMFNT. Acceptance of such Final Payment by
the CONSIJU[ANT shall constitute a release of all claims for payment, which the CONSULTANT may have
against the &GENCl, unless such claims are specifically reserved in writing and transmitted 10 the AGENCY by
the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that
iNc AGENC'Y inay have against the CONSIJLTANT or to any reniedies the AGENCY may pursuc with respecl
to such claims.
The payment of any billing will not constitute agreement as to the appropriateness of any item and at the tinie
of final audit; all required adjustments will be made and reflected in a final payment. In the event that such
final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to
the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund shall not constilute
a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of
overpayment. The CONSULTAN1 has twenty (20) working days after receipt of the final POSI AUDIT 10
begin lhe appeal process 10 thc AGENCY for audit findings.
Agreement Number:
Local Agency A&E Professiona Services Cost Plus Fixed Fes Consultant Agreement
Revised 4/10/2015
Page 5 of 14
10
D. Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for inspection
by representatives ofthe AGENCY and the United States, for a period of six (6)years aftcr receipt offinal
payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon
these records with the following exception: if any litigation, claim or audit arising out of„ in connection with,
or related to this AGREEMENT is initiated before the expiration of the six (6) year period, the cost records and
accounts shall be retained until such litigation, claim, or audit involving the records is completed.
An interim or post audit may be performed on this AGREEMENT. The audit, if any will he performed hy the
State Auditor, WSDOT's Internal Audit Office and/or at the request of the AGENCYs Project Manager.
VI. Sub-Contracting
The AGENCY perlllits suhcontracts for thosc iteins of SERV1C]-S as shown in Exhihit "A" attached hereto and by
this reference made part of this AGREEMENT.
The CONSIJI 1'AN1 shall not suhconiract for the performance nf any SERVICE under this AGREEMENT without
prior written permission of the ACENCY. No perrnission for suhcontracting shall create, hetween the AGENCY
and sub-consultant. any contract or any other relutionsliip.
Compensation for this sub-consultant SERVICES shall be based on the cost factors shown on Exhibit "E" attached
hereto and by this reference made part of this AGREEMENT.
The SERVICES of the sub-consultant shall not exceed its maximum amount payable identified in each sub-
consultant cost estimate unless a prior written approval has been issued by the AGENCY.
All reimbursable direct labor, indirect cost rate, direct non-salary costs and fixed fee costs for the sub-consultant
shall be negotiated and substantiated in accordance with section V "Payment Provisions" herein and shall be
memorialized ioo final written acknowledgement between the parties.
All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require
each sub-consultant or subcontractor, of any- tier, to abide by the terms and conditions of this AGREEMENT. With
respect to sub-consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE's
Prompt Payment laws as set forth in RCW 39.04250 and RCW 39.76.011.
The CONSULTANT, sub-recipient, or sub-consultant shall not discriminate on the basis of racc, color, national:
origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable
requirements of 49 CFR Pari 26 in the award and administration of DOT-assisted contracts. Failure by the
CONSULTANT to carry out these requirements is a material breach u[ this AGREEMENT, which may result in the
termination of this AGREEMENT or such other remedy as the recipient deems appropriate.
VII. Employment and Organizational Conflict of Interest
The CONSULTANT warrants ihat they have not employed employed or retained any company or person, other than a hona
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 ofthis contract. For breach or violation of this warrant, the AGENCY shall have the right to annul
this AGREEMENT without liability or, in its discretion, 10 deduct from this /\(3KE8M8NIprice or consideration
or otherwise nrcovcrdze full amount of such fee, coolnnisyion.perceotugc, brokerage fee, gift, or conhingent 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
CO743D1.'U\Nl`only and not o[ the AGENCY, and any and all claims that may arise under any Workmen's
Ae,reement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement
Rovised 4/10/2015
Page hof# 11
Cornpcnsation Act on behalf of said cmployees or other persons while so engaged, engaged. aiid any aiul ali claims made
hve 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 Nvork or services provided to be rendered herein, shall be the sole obligation
and responsibility o[ the CONSULTANT.
'The CONSULTANT shall not engage, ooa full- orpart-time basis, or othcr basis, during the period of this
AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this
AGREEMENT, in the employ of the United States Department o[ Transportation or the AGENCY, except regularly
retired employees, without written consent of the public employer of such person if he/she will be working on this
&GKEEIVIENT for the CONSULTANT.
VIII. Nondiscrimination
During the performance of this AGREEMENT, the
subcontractors and successors bn interest, agrees k`
•
liIle \TJ of the Civil Rights Acl of 1964
(42 U.S.C. Chapter 21 Subchapter V§2UO0d
through 2000d-4a)
•
Fcderal-aid 1-lighway Act of 1973
(23 U.S.C. Chapter § ]24)
• Rehabilitation Act n[]973
(29 U.S.C. Chapter 16 Su rY8794)
•
Age Discrirnination Act of 1975
CONSULTANT, for itself, its assignees, sub-consultants,
comply with the following laws and regulations:
• Civil Rights Restoration Act o[l987
(Public Law 100-259)
•
American with Disabilities Act of 1 990
(42 U.S.C. Chapter 120 § 12101 et. seq.)
• 23 CFR Part 200
• 49 CFR Part 21
• 49 CFR Par 26
• RCW 49.60.180
In relation lo Title VI ofthe Civil Rights Act of 1964, the CONSULTANT is hound by the provisions of Exhibit "F"
attached hereto and by this reference made part o[this AGREEMENT, and shall include the attached Exhihit "F" in
c■.'ery 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 ihe AGENCY to terminate this AGREEMENT at any time with or without cause upon ten
(10) days written notice to the CONSUIJFANT.
In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the
CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged and any appropriate
fixed fee percentage at the time of termination of this AGREEMENT, plus any direct non-salary costs incurred up to
the time of termination of this AGREEMENT.
No payment shall he made for any SERVJCES cornplcled after ten (10) days following receipt by the
CONSULTANT o[the notice to ierozino|c If the accumulated payment made to the CONSULTANT prior lo Nolice
of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this
section, then no final payment shall be due and the CONSMANT shall immediately reimburse the AGENCY for
any excess xcosupuid
paid.
If the services of the CON8T/LTANTorc terminated by the AGFNCY for default on the par tofthe CONSULTANT,
the above formula for payment shall not apply.
In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the
AGENCY with consideration given 10 the actual costs incurred by the CONSULTANT inperforming SERVICES
to the date oftcrinination, the amount ofSERV10ES originally required which was satisfactorily completed to
AuccmemNumhcc
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 7 of 14 12
Revispd 4/10/21)15
date oftermination, whether th.at SERVICE is in a form oro type which is usable to the AGENCY at the time o[
termination, the cost to the AGENCY ofemploying another firm to complete the SERVICES required and the
time which may bc required to do so, and other factors which affect the \'aluc to the AGENCY ofthe SERVICES
perfortned at the time oftermination. Under no circumstances shall payment made under this subsection exceed the
amount, which would have been made using the forinula sel forth in paragraph two (2) of this section.
If it is determined for any reason that the [ONSULlAy4Tv/us not in default- or that the C0N8OL[ANT`s6ui|ure to
perform is without the CONSULTANT's or its employee's fault or negligence, the termination shall be deemed to
be a tertnination for tiic convenience of the AGENCY. In such an event, the CONSULFANT would be reimbursed
for actual costs and appropriate, fixed fee percentage in accordance with the termination for other than default
clauses listed previously.
[he (2 )NSULTANT sliall. within 15 days, notify the AGENCY in writing, in_ the event of the death of any member,
partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT's supervisory and/or
other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee.
The CONSUI1ANT shall also noiify the AGENCY, inwriting, iu the event o[ the sale or transfer n{50Y6or
more uƒ the beneficial ownership of the CONSULTAN1 within 15 days of such sale or iransfer occurring. The
CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGR.EEMENT
unless the AGI2NCY chooses to terminate this AGREEMENT for convenience or chooses 10 renegotiate any term(s)
oF this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT
as set forth in the second and ihird paragraphs of this section.
Payinent for any part of thc SERVICES hy thc i\GFNCY shall not constitute a waiver by the AGENCY of
any remedies of any type it may have against thc CONSULTANT for any breach of this AGREEMENT by the
CONSULTANT, or for failute of the CONSIJLTANT to perform SERVICES required of it hy the AGENCY.
Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights
with respect to any future act or omission by the CONSULTANT.
X. Changes of Work
The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as
necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY find
it desirahle for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or
revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall he considered
as Extra Work and will be paid for as herein provided under section X111 "Extra Work."
X|, Disputes
Any disputed issue not resolved pursuant to the terms of ihis AGREEMENT shall he submitted in writing within
10 days to the Director of Pubiic Works or AGENCY Engineer, whose decision iu the matter shall he final and
binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the
Director of Puhlic Works or AGENCY Engineer's decision, that decision shall be subject to judicial review. If the
parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will hc conducted under
the procedurcs found in Exhihit "J". In the event that eithcr party deem it necessary to institute legal action or
proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in the Superior
Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto
agree that all questions shall bc resolved by application of Washington law and that the parties have the right of
appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The
CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington,
situated in the county in which the AGENCY is located.
Agreement Number:
Local Agency A&E Professiona Services Cost PIus Fixed Fee Consu!tant Agreement
Revised 4/10/2015
Page 8 of 14 13
XUU. Legal Relations
The CONSULANT, any sub-eonsultants. and the AGENCY shall comply with all Federal, State, and Iocal laws.
rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under this
AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of
Washington.
The CONSULTANT shall defend, indemnify, and hold The State of Washington (sTATE) and the AGENCY and
ibcic officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in ,part
from the negligence of, or the breach of any obligation under this AGREEMENT by, the CONSULTANT or the
CONSULTANT's Lwents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons
for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT
to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless
ibo6l}\TEoodthef\GE0CYoodtbeiro0jcerxundecop\oycco|iooncluioox,demoudaorsuiisbuuedxo|elyopou
the ncgligence of, oi hreach af any ob!igation undcr this AGREEMENT by the STA'ft and the AGENCY thcir
agents, officers, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom
the STATE and/or IheAGENCY may be legaily Iiable; and provided liurihcr thai if the elaims or suits arc caused
by or result from the concurrent negligence of (a) the CONSULTANT or the CONSULTANT's agents, employees,
sub-consultants, subcontractors or vendors, of any tier, or any other persons for whoin the CONSULTANT is legally
liable, and (b) the STATE and/or AGENCY, their agents, officers, employees, sub-consultants, subcontractors and or
vendors, of any tier, or any other persons for whom the ST-ATE and or AGENCY may be legally liable, the defense
and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT's negligence or
the neagence of the CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors, of any tier,
or any other persons for wborn the CONSLJLTANT may be legaily liahle. This provision shall hc included ivany
AGREEMENT between CONSUEIANT and any sub-consultant, subcontractor and vendor, of any tier.
The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers
and employees harmless from all claims, demands, or suits at law or equily arising in whole or in part :from the
alleged patent or copyright infringement or other allegedly improper appropriation oruaenfUroduucoroW,poico{n,
proprietary information, know-how, copyright rights or inventions by the CONSULIAN] or the CONSULTANT's
agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the
CONSULTANT may be legally liable, in performance oldie Work under this AGREEMENT or arising out of any
use in connection with the AGREEMENT of methods, processes, designs, information or other items furnished or
communicated to 57.A[ and/or the AGENCY, their ngen|x, officers and employees pursuant to the AGREEMENT;
provided that this indunndvobuU not apply 10 any aUcgedpatent orcopydgb!io�ingcooeo1or other o|�reJly
improper appropriation 01 use of trade secrets, patents, proprietary information, know-how, c(pydat rights or
inventions resulting from STATE and/or /\GpNCY's" their uge'ts`, officers' and employees' failure iocomply
with specific written instructions regarding use provided to STATE and/or AGENCY, their agents, officers and
employees 6v the CONSULTANT, its agents, cozp|Vyccs,nuh'oouuu|tants, subcontractors 0« vendors, o[mnydor,ov
any other persons For whom the CONSUJJANT may be Icgally liable.
The CONSULTANT's relation to the AGENCY shall be at all times as an independent contractor.
Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole
discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and
examination by the AGENCY that there isa violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or
any similar statute involving the CONSULTANT in the procurement of, or performance under, this AGREEMENT.
The CONSUU-I-ANT specifically assumes potential liability for actions brought by the CONSULTANT's own
employees or its agents against the STATE and /or the AGENCY and, solely for the purpose of this indemnification
and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Titic 51
RCW. '-fhis waiver has been mutually negotiated between the Parties.
Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 9 of 14 14
Revised 4/10/2015
Unless otherwise specified in this AGREEv1ENR the AGENCY shall be responsible for administration of
construction contracts, if any, oothe project. Suhect 10 he processing ofa new sole sowcc, or an aceepab1e
sopp|omcu1ylA(]{lECM[NlL the CONSULTANT shall provide On-Call assistance to ihc AGENCY during contract
administration. By providing such assistance, the CONSULTANT shall assume no responsibility [bc proper
construction techniques, job site safety, or any construction contractor's failure to perform its work in accordancc
with the contract documents.
The CONSU1TANT shall obtain and keep in force during the terms of this AGREEMENT, AGREEMENT, or as othcrwise
required, 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 rec]ulred by the STATE.
B. Commercial general liability insurance written under ISO Form CO 00 Al 12 04 or its equivalent with minimum
limits nf one million dollars (5],U00,000,O0) per occurrence and two million dollars ($2,000,U00.U[) inthe
aggregate for each policy period.
C. Business auto liahilily insurancc wrilten under ISO Forrn CG 00 01 1 001 or cquk/alcnt providing coverage fir
any 'Auto" (Synibol 1) used in an amount not less than a one million dollar ($1,000,000.00) combined single
limit for each_ occurrence.
Excepting the Worker's Compensation Insurance and any Professional Liability Insurance, the STATE and
/\6ENC\[dheiroUiocro,cnnp|oyeeu,undagcn1svviUheuonoodonnUpo|icicanf(_UN3OlJANTunduuYsub'
consultant and/or subcontractor as an additional insured (the A1s"), with 110 restrictions or lirnitaiions concerning
products and completed operations coverage. lldeoovcrzgcabuUbe primary primary coverage and non-contrihutory and
any coverage maintained by ihe/\ln shall be excess over, and shall not contribute with, the additional insured
coverage required hereunder. The CONSULTANT's and the sub-consultant's and/or subcontractor's insurer shall.
waive any and alt rights of subrogation against the Aix. The CONSULFANT shall furnish the AGENCY with
verification ufiosoruoce and endorsements required by this AGREEMENT. The AGENCY reserves the right to
require complete, certified coples of alt required insurance poticies al any time.
Al|inuuronceobollhcob(aincdfroonanioxucuuoeonmponyuuUhodrcdindobusiocnsinthcSkUco[Woybiog|oo.
The CONSULTANT shall submit a verification of insurance as outlined above within -fourteen (14) days of the
execution of th i s AGREEMENT to:
Name: David Sorensen
Agency: City ofTukwila Public Works Dept.
Address: 6300 Southcenter Blvd
City: Tukwila State: WA Zip: 98188
Email: dovid.aorcnocu(Oukvvi|uv/ogov
Phone: (206) 431-3653
Facsimile:
No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY.
The C(}Y48\]|]ANT`s professional liability to the AGENCY, including that which may arise in reference to
section IX "Termination ofAgreerneiit" of this AGREEMENT, shall be limited to the accumulative amount of the
aulhorized AGREEMENT arnount or one million dollars (5E000,000.00), whichever iogreater, unless the limit of
liability is increased by the AGENCY Iiursuanl to Exhibit H. In no case shall the CONSULTANT's professional
liability to third parties he limited in any way.
Agreement Number:
Local Agency A&E Professional Services Cost PIus Fixed Fee ConsultantAgreement
Revisp.ri 4/10/2015
Page .10 of 14 15
The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third party,
and no third party beneficiary is intended or created by the execution of this AGREEMENT.
The AGENCY will pay no progress payments under section V "Payment Provisions" until the CONSULTANT has
faily complied with this section. This rcrncdy is not exclusive; and lhe AGENCY may take such other action as is
available to it under other provisions of this AGREEMENT, or otherwise in law.
XIII. Extra Work
A. The AGENCY may at any time, by written order, make changes within the g,enon| scope of this AGREEMENT
in the SERV!CES to he perfornicd.
B. If any such change causes an increase or decrease in INc estimated cost of, or the tinie required for, performance
of any part of the SERVICES under this AGREEMENT whether or not changed by the order, or otherwise
affects any other terms and conditions nf this /\(}KEEIVIENl[ the AGENCY shall make an equitable adjustment
in the: (l) maximum amount payable; (2) delivery or cornpletion schedule, or hoth; and (3) other affected terms
and shall modify this AGREEMENT accordingly.
C. TbeC(}NSDlTANTnuun1auhnoiiuny^^rcqucxtOnrcquituh|oa6huyUnon1," hcrcu8crruteord1oox^^CL&IM"
under this clause within thirty (30) days from the date of receipt ofthe written order. However, i[ the AGENCY
decides that the facts justify it, the AGE.NCY may receive and act upon a CLAIM submitted before final
payincnt of this AGREEM ENT.
D. Failure to agree to any adjustment shall be a dispute under the section }{| "Disputes" clause. However, nothing
in this clause shall excuse the CONSULTANT from proceeding with thc AGREEMENT as changed.
K. Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above, the maximum amount payable for
this AGREEMENT, shall not he incieased or considered to be increased except by specific written supplement
to this AGREEMENT.
XIV. Endorsement of Plans
If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering
data furnished lmthem.
XV. Federal Review
The Federal I-Jighway Administration shall have the right to participate iu the review or examination ofthe
SERVICFS in progress.
XVI. Certification of the Consultant and the Agency
Attachcd hereto as Exhibit "G-1(a andN- urede Certifications ofthe CONSULTANT and the AGENCY, Exhihit
"6-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered
Transactions, Exhihil "0-3" Regarding iboDeytricdoox of dh c Use of Federal Funds for Lobbyi
ug
and Exhibit ^`G-4" Certificate ofCurrenl Cost or Pricing Data. Exhibit ^^0'3" is required only in AGREEMENT's
ovcr one hundred thousand dollars ($100,000.00) and Pxhibii^^G-4" is required only loA(]KE]OK1BNI`a over
five hundred thousand dollars ($500,000.00.) These Exhibits must be executed by the CONSULTANT, and
submitted NA/ i th the master AGREEMENT, and returned to the AGENCY at the address listed in section III "General
Requirements" prior to its performance of any SERVICES under this AGREEMENT.
Agreement Number:
Local Agency A&E Professional Services Cost Phis Fixed Fee Consultant Agreement Page 11 of 14 16
Reviser! 4/10/2015
XVII. Complete Agreement
This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the
parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or
be liable for, any statement, representation, promise or agrcemcnt not set fortb herein. No changes, amendments, or
modifications of the ternis hereof s]ial] be valid unless reduced to writing and signed hy the parties ususupplement
to this AGREEMENT.
XVIII. Execution and Acceptance
This AGREEMENT rnuybcoiuudlnocuunlyezecutcdio*crcru\couuicgpurts,eucbuIv/bicbabaUheJecrnuj
to be an original having identical legal effect. The CUNSTJI]}\NT:1'dncu hereby ratify and adopt all statements,
representations, warranties, covenants, and AGREEMENT's contained in the proposal, and the supporting material
submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and
conditions thereof.
XIX. Protection of Confidential Information
The CONSULTANT acknowledges that some of the material and information that may come into its possession
ov knowledge io connection with this AGREEMENT ur its performance may consist of information that iuuzco� q�i
from disclosure to the public or other unauthorized persons under either (�42�5h �YVo,odhor local, state
or federal statutes ('^Stu|c`a Confidential LnfnrnncUiuo"). The "State's Confidential information" includes, but is
not limited to, names, addresses, Social Security numbers, c'mu] addresses, telephone numbers, financial profiles,
credit card information, driver's license numbers, medical data, law enforcement records (or any other information
identifiable to an individual), STATE and AGENCY source code or object code. STATE and AGENCY security
data, non-public Specifications, STATE and AGENCY non-puhlicly available data, :proprietary software, State
security data, or information which may jcopardize any part of the project that relates to any o[these types of
information. The CONSULTANT. agrees to hold the State's Confidential information in strictest confidence
and not to make Use of the State's Confidential lnformation for any purpose other than the performance of this
AGREEMENT, to release it only to authorized employees, sub-consultants or subcontractors requiring such
information for the purposes of carrying out lhis AGREEMENT. and not to release, divulge, publish, transfer,
sell, disclose, or otherwise make it known to any other party without tbc/\(]ENCY's express written consent
or as provided by law. The CONSULTANT agrees to release such information or material only to employees,
mub'coosuitoutsuruubcou{rock/cavvhobuvcsigncduooudixu|nsurc&GKEEMRNT,1bcternueofwhichhavc
been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and
managerial safeguards to prevenl unauthorized access to the State's Confidential Information.
Immediately upon expiration or termirmatiorm o[ this AGREEMENT, the CONSULTANT shall, a1 the f\OE74CY`x
option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State's Confidential
Information; or (ii) returned all of the State's Confidential Information to the AGENCY; or (iii) take whatever other
steps the AGENCY requires ofthe CONSULTANT to protect the State's Confidential Information.
As required uodcrExccutive Order 00-03, the CONSULTANT shall maintain a log documenting the following:
the 8tuic`sCoufidecUio|ln[onmotiourcccired inthe performance of this AGREEMENT; the purpose(s) for which
the State's Confidential luDnunuiiou was received; who received. maintained and used the State's (\ ofideutiul
information; and the final disposition of the State's Confidential information. The CONSULTANT's records shall
be subject to inspection, review, or audit upon reasonable notice from the AGENCY.
The AGENCY reserves the right to monitor, audit, or investigate the use of the State's Confidential Information
collected, used, or acquired by the CONSULTANT through this AGRFEMENT. The monitoring, auditing, or
investigating may include, hut is not limited. to, salting databases.
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement
Revised 4/10/2015
Agreement Number:
Page 12 of 14 17
Violation ofthis section by the CONSUL1ANT or its sub-consultants or subcontractors may result in termination of
this AGREEMENT and demand for return of all State's Confidential information, monetary damages, or penalties.
It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which
is proprielary and/or confidential during the tcrm of this AGREEMENT. The parties agree to maintain the
confideniiality of such inforrnation during the term of this AGREEMENT and aflcrwards. Alt materials containing
such proprietary and/or confidential information shall be clearly identified and 1-ttarked as "Confidential" and shall
be rcturncd to the disclosing portyattbecunc\nsiuoo[Uzc8EKVlCE3undcrUdx/\(}R2EMENl[
The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential
and/or proprietary in nature: (a) at the commencerncnt of the tcrrn of this AGREEMENT; or (b) as soon as such
confidential or proprietary material is developed. "Proprietary and/or confidential information" ia not meant to
include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully
disclosed to one of thc parties by a third party ihat is not acting as an agent or represenlativc for the other party;
(iii) is independently developed by or for the other party; (iv) is publicly known; or (v) is generally utilized by
unaffiliated third parties engaged in the same business or businesses as the CONSULTANT.
The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure
laws. As such, the AGENCY shall maintain the confidentiality of all such information marked .proprietary and/
or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a
public disclosure request is made to view materials identified as "Proprietary ond/oruouUdcn|iu| information" or
otherwise exempt information, the AGENCY will notify the CONSULTANT nf the request and 0[ the date that such
records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent
jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order e 'oiniugdisclosuru,thc
AGENCY will release the requested information on the date specified.
The CONSULTANT agrees to notify the sub-consultant of any AGENCY communication regarding disclosure that
may include a sub-consultant's proprietary and/or confidential information. The CONSULTANT notification to the
sub-consultant will include the date that such records will be released by the AGENCY to the requester and state
that unless the sub-consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure
the AGENCY will release the requested information. If the CONSULTANT and/or sub-consultant fail to obtain
a court ordcr or other judicial relief enjoining ibe/\(}ENCY6v|berdcnsndn(c, the CONSULTANT shall waive
and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages,
liabilities, or costs associated with the AGENCY's said disclosure of sub-consultants' information.
XX. Records Maintenance
During the progress of the Work and SERVICES provided hereunder and for u period ofnot less than six (6) years
from the date of final payment to the CONSULTANT, the CONSUHANT shall keep, retain and maintain all
'documcnts" pertaining 10 the SERVICES provided pursuant to this AGREEMENT. Copies ofall "documents"
pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT's place
ofbusiness diiring normal working hours. Ifany litigation, claim or audil is comincnecd, the CONSULTANT shalt
cooperate with AGENCY and assist in the production of all such documents. "Documents" shall be retained until
all litigation, claims or audit findings have been resolved even though such litigation, claim or audit continues past
the six (6) year retention period,
For purposcs of (his AGREEMENT, "docunoeuim' means every writing nr record o[ every type and description,
including electronically stored information (^1Is|"),tbo| is in the possession. control, or custody of the
CONSULTANT, including, without limitation, any and all correspondences, contracts, AGREEMENT `s,
appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten
notes, reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records,
work sheets, charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings,
Agreement Number:
Local Agency A&E Professiona Services Cos PIus Fixed Fee Consu!tant Agreement
Revisnd 4/10/2015
Page /3oft4 18
tabulations, cotnputations, summaries, inventories, and writings regarding conferences, conversations or
icicphone convcrsations, and any and aU other taped, recorded, writtcn, printed or typed matters of any kind 01
description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the
CONSULFANT. and every copy ofany of the foregoing, vhcther or not such copy is a copy idcntical to an original,
or whether or not such copy C011iaillS any commentary or notation whatsoever that does not appear on the original.
For purposes of this AGREEMENT, "ESI" means any and all computer data or electronic recorded media of any
kind, including "Native Files', that are stored in any medium from which it can he retrieved and cxumincd, either
directly or after translation into a reasonably useable form. [S1 may include information and/or documentation
stored in various software programs such as: Email, Outlook, Word, Excel, Access, PuhUohcr, PowerPoint, Adobe
Acrobat, SQL databases, or any other software or electronic communication programs or databases that the
CONSULTANT may use in the performancc of ils operations. ESE may he locatcd on nctwork servers, backup
tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones, laptops or any other
electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any
personal devices used by the CONSULTANT or any sub -consultant at home.
"Native fi]es" are a suhset ofESl and refer to the electronic [brcno1o[ the application in which such BSlisnormally
created, viewed, and /or modified.
The CONSULTANT shall include this section XX "Records Maintenance" in every subcontract it enters into in
relation to this AGREEMENT and bind the sub-consultant \u its terms, unless expressly agreed to otherwise in
writing by the AGENCY prior in the execution of such subcontract.
In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the
"Exccution Date" box 011 page one (1) ofIhisAGREEMENT.
\ Z_S-/2_0\/�
Date
Signature Date
,4ny/nodific«/kxx change, or refOrmation o/ this //GI?ffMINT shall require approval uu/o limn by the (lffice
m' the Attorney General.
Agreem en NI. her:
Local Agency A&E Pr fexsiona/SomicesCostPlusFixedFneConaultantAgraement Page 14 of 14 19
Revised 4/10/2015
EXHIBIT A
City of Tukwila
Cascade View Elementary
Safe Routes to School Project - Phase 2
KPG
Scope of Work
January 14, 2016
PURPOSE:
This project includes preparation of final Plans, Specifications and Estimates for the
Cascade View Elementary Safe Routes to School Project - Phase 2 Project. Project
elements include:
Concrete sidewalks are proposed on the east side of 33rd Ave S (S 140th St to S
144th St) and on the south side of S. 140th St (Military Road South to 34th Ave S)
along with a standard curb and gutter separating the sidewalk from the roadway.
A traffic circle is proposed at the intersection of 33rd Ave S and S 140th St to assist
in reducing vehicle speeds and increase visibility and safety of pedestrians crossing
the street.
Curb bulb-outs and/or pedestrian refuge islands at the east entrance/exit to the
traffic circle would be constructed to improve the safety of crossing S 140th St at
33rd Ave S. There are currently no ADA facilities to connect to within the project
limits.
Work includes necessary base mapping, design and franchise utility coordination. The City
has obtained the necessary exemptions and approvals for SEPA and NEPA requirements
in advance of project design. No additional permits are anticipated.
SCOPE OF WORK:
Task 1 Project Management/Coordination/Administration.
1.1 Provide project management administrative services including:
• Project set-up and execute agreement
• Execution of subconsultant agreements
• Preparation of monthly progress reports and invoices
• Record keeping and project closeout
1.2 Provide overall project management including:
• Project staff management and coordination
• Subconsultant management and coordination
• Prepare and update project schedule
• Schedule and budget monitoring
City of Tukwila Page 1 of 6 KPG
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20
1.3 Coordinate with City staff, including preparation and attendance of up to 6
coordination meetings throughout the duration of the project.
1.4 Provide QA / QC reviews by senior staff of all major deliverables prior to submittal to
the City.
Deliverables
♦ Project Schedule and necessary updates
♦ Monthly progress reports and invoicing
♦ Meeting agendas and minutes including a summary of decisions made /
needed resulting from design coordination meetings.
Task 2 Survey and Base Mapping.
Limits of survey: 33rd Avenue S (Approximately 50 feet wide plus additional at driveways
and side streets on east side) from the south side of S 144th Street to the north side of S
140th Street and S 140th Street from Military Road to 34th Avenue S.
2.1 Establish horizontal and vertical control points along the corridor for field
topographic survey. Basis of control will be City of Tukwila Datum. The
CONSULTANT will locate, field survey, and calculate positions for all monuments
and control points throughout the project limits, using the Washington State plane
coordinate system. Conventional or GPS surveying methods will be used on this
project. Monuments or corners to be located and field surveyed include the
following:
g Section Corners
9 Side street monuments
Property Corners
2.2 Field Survey and Note Reduction. Perform note reduction of the field survey data.
2.3 Mapping work to prepare 1 " =20' topographic base map and digital terrain model
(DIM) in AutoCAD format of the project within the limits described above.
2.4 The Consultant will retain the services of a firm to field locate and paint all utility
locations within the project corridor so that they can be surveyed and incorporated
into the base maps. Service line locations and gravity storm and sewer will not be
field located. Perform field survey to locate paint marks including surface features
(valves, manholes, catch basins, junction boxes, vaults, etc). Irrigation systems will
not be included.
2.5 Perform observation and measure -downs of existing storm drain catch basins and
manholes. The approximate size, type (brick, concrete), and general condition of the
structures to confirm suitability for continued use, and approximate size and location
of storm drainage pipes will be documented. These observations will be made from
the surface.
City of Tukwila Page 2 of 6 KPG
CV SRTS Phase 2 1/14/2016
21
2.6 The Consultant shall survey the utility potholes performed by franchise utilities
and/or subconsultant.
Deliverables
• Electronic copies of the completed field topographic base map in PDF and
AutoCAD.
Task 3 Right of Way Calculations
Perform the following work items necessary to establish the existing right-of-way (ROW)
along the corridor based on publicly available information. Title research or property rights
acquisition is not anticipated or included in the project budget.
3.1 Research Records. Determine which existing corners and monuments should be
field located and surveyed.
3.2 Calculations for ROW lines. Using the research information and the survey work
described above, calculate location and surveyed corners, roadway features and
monuments. Incorporate existing right of way into project base maps.
Deliverables:
4. Right of way information will be incorporated into the project base maps.
Task 4 Public Outreach
4.1 Prepare flyer describing project. Mailing and postage will be provided by the City.
4.2 Prepare for and attend one (1) community open house meeting. Mailing meeting
notices and room arrangements will be provided by the City.
Deliverables
• Camera-ready mailings and flyers.
• Open house meeting graphics
• Summary Notes from open house meetings.
Task 5 Stormwater Preliminary Design and Alternatives Analysis
The Consultant shall prepare preliminary engineering of stormwater management and
conveyance facilities required for the project. Preliminary engineering will include the
following sub-tasks:
5.1 Compile and review existing stormwater data, including GIS data, record drawings,
and previous storm drainage reports for projects in the vicinity of the proposed
roadway improvements.
5.2 Analyze all applicable Core and Special Requirements of the KCSWDM to
City of Tukwila Page 3 of 6 KPG
CV SRTS Ae 2 1/14/2016
22
determine stormwater management requirements that will apply to the project.
5.3 Identify potential alternatives for meeting stormwater management requirements of
the KCSWDM, and a full retrofit of the roadway for water quality treatment. Perform
preliminary calculations for sizing alternatives facilities and prepare conceptual
drawings to illustrate each alternative.
5.4 Perform alternatives evaluation, consisting of planning -level cost estimates and
evaluation of advantages and disadvantages for each alternative for use in
alternative selection by the City.
5.5 Prepare and submit a brief technical memo to document the preliminary stormwater
design activities performed in the above subtasks. Upon approval by the City, the
final stormwater elements will be documented in the TIR during final design.
Deliverables
♦ Conceptual Drawings to illustrate each stormwater alternative., 1 electronic file
in PDF format
♦ Draft Stormwater Design Report, 2 bound copies of report and 1 electronic file
in PDF format
♦ Final Stormwater Design Report, 2 bound copies of report and 1 electronic copy
in PDF format
Assumptions
♦ The storm drainage design will be in accordance with the standards of the City
of Tukwila Municipal Code (14.30.060), including the 2009 King County Surface
Water Design Manual (KCSWDM) and the City's 2010 Infrastructure Design
and Construction Standards.
♦ The King County Runoff Time Series (KCRTS) will be used for hydrologic
modeling and design of stormwater management facilities.
Task 6 Final Plans, Specifications and Estimates
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.
6.1 Prepare draft Technical Information Report in accordance with City stormwater
requirements to include additional water quality facilities approved in task 4.
6.2 The Consultant shall prepare 30% Plans and Estimate for City review and comment.
City of Tukwila Page 4 of 6 KPG
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Plans will contain a roadway profile and sufficient plan view information to allow
verification of scope by City departments prior to final design.
6.3 The Consultant shall address City comments and finalize TIR.
6.4 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 and City Standards.
6.5 Prepare contract specifications for the 90% and Bid submittals based on
WSDOT /APWA standards (English), grant funding requirements, and applicable
LAG standards.
6.6 Perform 30 %, 60 %, 90% and Bid Document quantity take -offs and opinion of costs.
6.7 The Consultant shall incorporate comments and finalize bid documents. Bid
documents will be uploaded to bxwa.com for advertisement by the City. It is
anticipated that final plans will include the following sheets. Sheets may be
combined or separated for clarity:
Cover sheet
Sheet Index, Survey Control & Alignment Data
Legend and Abbreviations
Roadway Sections
Paving and Restoration Details
Drainage Details
Site Preparation and Erosion Control Plans
Sidewalk Plan and Profiles
Drainage Plan and Profiles
(1 sheet)
(1 sheet)
(1 sheet)
(1 sheet)
(3 sheets)
(3 sheets)
(6 sheets)
(6 sheets)
(6 sheets)
TOTAL = 28 sheets
6.8 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.
Deliverables
♦ 30% Plans (1/2 size) & estimate, 5 bound, 1 unbound copy, 1 electronic file in
PDF format
♦ 90% Plans (1 size), specifications & estimate, 5 bound, 1 unbound copy, 1
electronic file in PDF format
♦ Final Bid Documents, 10 bound copies 1/2 size Plans, 1 electronic file in PDF
format.
City of Tukwila Page 5 of 6 KPG
CV SRTS Phase 2 1/14/2016
24
Additional Services
The City may require additional services of the Consultant in order to advance all or portions
of the project corridor through final design and construction. This work may include items
identified in the current task authorizations as well other items, which may include, but are
not necessarily limited to the following:
• Obtaining title reports and providing final right of way / easement legal
descriptions
• Providing property appraisals and negotiations
• Providing additional permitting or environmental studies
• Providing additional design services
+ Providing construction management services
These services will be authorized under a future contract supplement if necessary. At the
time these services are required, the Consultant shall provide a detailed scope of work and
an estimate of costs. The Consultant shall not proceed with the work until the City has
authorized the work and issued a notice to proceed.
City of Tukwila Page 6 of 6 KPG
CV SRTS Phase 2 1/14/2016
25
NOT APPLICABLE
WSDOT Form 140-089 EF Exhibit B
Ravisad 10/30/2014
Exhibit B
DBE Participation
Agreement Number:
Page 1 of 1 26
Preparation and Delivery of Electronic
In this Exhibit the agency, as applicable, is to provide a description
to use in preparing electronic files for transmission to the agency. -I
include, but are not limited to, the following:
I. Surveying, Roadway Design & Plans Preparation Section
A. Survey Data
AutoCAD Civil 3K - KPG Standards
B. Roadway Design Files
AutoCAD Civil 3K - KPG Standards
C. Computer Aided Drafting Files
AutoCAD Civil 3K - KPG Standards
Exhibit C
Engineering and Other Data
of the format and standards the consultant is
Tic format and standards to be provided may
Agreement Number:
WSDOT Form 140-089 EF Exhibit C Page 1 of 4 27
Revised 10/30/2014
D. Specify the Agency's Right to Review Product with the Consultant
As identified in Exhibit A.
E. Specify the Electronic Deliverables to Be Provided to the Agency
As identified in Exhibit A.
F. Specify What Agency Furnished Services and Information Is to Be Provided
As identified in Exhibit A.
Agreement Number:
WSDOT Form 140-089 EF Exhibit C
Revised 10/30/2014
Page 2 of 4 28
II. Any Other Electronic Files to Be Provided
As identified in Exhibit A
II . Methods to Electronically Exchange Data
Via email or FTP site
WSDOT Form 140-089 EF Exhibit C Page 3 of 4 29
Revised 10/3D/21)14
A. Agency Software Suite
Microsoft Office
f3. Electronic Messaging System
Outlook
C. File Transfers Format
As requested
WSDOT Form 140-089 EF Exhibit C Page 4 of 4 30
Revised 10/30/2014
0
H-
OD
:=
UJ
HOUR AND FEE ESTIMATE
City of Tukwila
Cascade View Elementary
Safe Routes to School - Phase 2
E
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HOUR AND FEE ESTIMATE
City of Tukwila
2
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Cascade View Elementary
Routes to School - Phase 2
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Task 6 - Final Plan
7 CN Act Lq L°. C°.
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32
Exhibit E
Sub-consultant Cost Computations
There isn't any sub-consultant participation at this time. The CONSULTANT shall not sub-contract for
the performance of any work under this AGREEMENT without prior written permission of the AGENCY.
Refer to section VI "Sub-Contracting" of this AGREEMENT.
WSDOT Form 140-089 EF Exhibit E
Revised 10/30/2014
Agreement Number:
Page 1 of 'I 33
Exhibit =_~v"v»��«u
�������
��
Title VI Assurances
[)urioe,1hc performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors
in intercst agrees as follows:
l. Compliance with Re oo:l]»eCUNSOl][&NIshoUoonnlyvjdh(hcDcgulo1iuourelu(ivc0ounn-
diocrhniootiouiofedood|y assisted progiams ofIheAGENCY, Title 49, Code m[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.
Non-discrimination: The CONSULTANT, with regard to the work performed during this AGREEMENT,
shall not diseriminate on the grounds oCraee, color, sex, or national origin in the selection and retention
o[xuh'conxu|1on1m, including procurenient of rnalerials 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 UbioA(]DE|IMENTcovcra a program set forth
in Appendix Bof the REGULATIONS.
3. Solicitations for Sub-consultants, Including Procurement of Materials and Equipment: In all solicitations
either by competitive bidding mnegotiations made by the CONSULTANT for work 10 he performed
under oaub'oonhnot including procurement of materials or leases of equipment, each potential sub-
consultant or supplier shall be notified by the CONSUE1ANT of the CONSULTANT's obligations under
this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color,
scx, or national origin.
4. Information and Reports: The CONSULTANT shall provide all information and reports required by the
REGIJLATTONS or directives issucd pursuant ibtn:to,uodubuUpern/duccess|uitebookS,recnrds,
accounts, other sources of information, and its facilities as may be determined by the AGENCY the
STATE, or the Federal Iiighway Administration (F1IWA) (0 he pertinent to ascertain conipliance with such
REGIJLATIONS, orders and instructions. Where any informaiioii rcquiicd ofa CONSULTANT is in the
exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall
so ccriify 10 the AGENCY. the STzVFE, or thc F1:I\VA as appropriate. and shat! sel forth what efforts ithas
made to obtain the information.
2�
5. Sanctions for Non- c: In the event ofthc C()NSUL[ANT`mnoo,conqp|iuoce with the non-
discrimination pzoviaiouaof1bin/\GR[BMEN1',1bc&[}ENCYsbuUimpnxexuoh/\ORE[MENTauncdons
as it, the STATE, or the [||WAruuy determine to be appropriate, including, but not limited to:
• Withholding of payments to the C()NSUU[ANl` under this AGREEMENT until the CONSULTANT
complies, and/or;
• Cancellation, termination, or suspension of this AGREEMENT, in whole or in part.
6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through
(5) in every subcontract, including procurement of materials and leases of equipment, uokoyczcrupt6vUzc
REGULATIONS, or directives issued pursuant thereto, The CONSUITANT shall take such action with
respect to any sub-consultant or procurement as the STATE, the AGENCY, or FHWA may direct as a means
of enforcing such provisions including sanctions for non-compliance.
Provided, however, that in the event a CONSULTANT' becomes involved in, or is threatened with,
litigation with a sub-consultant or supplier as a result of such direction, the CONSULTANT may request
the AGENCY enter into such litigation to protect the interests of the STATE and/or thc AGENCY and, in
addition, the CONSULTANT may request the United States enter into such litigation to protect the interests
of the United States.
Aareement Number:
WSDOT Form 140-089 EF Exhibit F
Revisad 10/30/2014
Page 1of 1 34
Exhibit Exhibit ~~ G
Exhibit G-](u) Certification of Consuliant
Exhibit G-1(b) Certification of
Exhibit 0-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters -
Primary Covered Transactions
Exhibit 0-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
Exhibit 0-4 Certificate of Current Cost or Pricing Data
Agreement Number:
WSDOT Form Y4D�B EF 140-089 Page 1 of 1 35
Revisod 11)120m014
Exhibit G-1(a) Certification of Consultant
l:hereby certit; that 1 am the and duly authorized representative ofthe firm of
KPG, Inc.
whose address is
7j3 9th Ave N, Seattle WA 98109
and that neithcr the ahove firm nor lhave:
a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration,
any firm or person (other than a bona :fide employee working solely for me or the above CONSULTANT)
to solicit or secure this AGREEMENT;
b) /\urccd, as an express or implied condition for obtaining this contract, to employ or retain the services of
any firm or person in connection with carrying out this AGREEMENT; or
c) Paid, or agreed to pay, to any firm, organization or person (other than a bona -fide employee working solely
for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in
connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any);
1 acknowledge that this certificate is to be furnished to the City ofTukwila
and the Federal Highway Administration, U.S. Department of Transportation in connection with this
AGREEMENT involving participation of Fcderal-aid highway funds, and is subject to applicablc State and
Federal laws, both criminal and civil.
KPG, Inc.
Consultant (Firm Name)
Signature (Authorized Official of Consultant) Date
/ ~
2—�'���|L
Aucemcn/Numhcc
WSDOT Form 140-089 EF Exhibit G Page 1 of 1 36
Revised 10/30/2014
Exhibit G-1(b) Certification of Agency Official
1 hereby certify that 1 am the:
|
|
//
Other
of the and
or its rcprescnlativc 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 in 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 us hereby expressly stated (if any):
1 acknowledge that this certificate iS 10 be furnished to the
and the Fedoral Highway Administration, [J.3. Department of Transportation, i00000ec1iouvvitbthis
AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicahle State and
Federal laws both criniinal and civil.
Signature Date
Agreement }Jumher:
WSDOT Form 140-089 EF Exhibit G Page YofY 37
Revisp.ri 10/30/2014
Exhibit G-2 Certification Regarding Debarment, Suspension and Other
Responsibility Matters - Primary Covered Transactions
I. The prospective primary .participant ccrtifics 10 lhe best of its kriowledge and helief, that it and its principals:
A. Are 1101 picsently debarred, suspended, proposed for debarment, dec!ared ineligible, or voluntarily
excliidcd from covered transactions by any Fedeial departnient or agency;
B. Have not within a three (3) year period preceding this proposal been convicted of or had a civil judgment
rendered agairisi them for comrrnssion of fraud or a criminal olTense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under
a public transaction; violation of Federal or State anti-trust statues Or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving
stolen property;
C. Are not presently indicted for or otherwise criminally or civilly charged by ugorcrumcn1n\ entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b)
of this certification; and
U. Have not within a three (3) year period precrdioglhixupp|icui on / proposal had one or more public
transactions (Federal, State and !ocal) terminated for cause or default.
D
Where the prospective primary parlicipant is unable to certi to any ofthe statements in this certification,
such prospective participant shall attach an cxplanalion to this proposaL
K],G,|nc.
Consultant (Firm Name)
Signature (Authorized OfficiaI of Consultant) Date
Agreement Number:
WSDOT Form 140-089 EF Exhibit G
Page /ofi 38
Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds
for L obb*'ng
The prospective participant certifies, hY signing oudouhoniUiogibiahidorp,oyoaoL1o1bohea of his or hcr
knowledge and belief, that:
I. No Federal appro iuted[undnhovehceupaidncwiU\epaidFymonbehal[mftheuod rsigned, to any
person for influencing or attempting to influence an officer or employee of any Federal agency, a Member
of Congress, an officer or employee of Congress, or any employee of a 'Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative AGREEMENT, and the extension, continuation, renewal, amendment,
or modification of Federal contract, grant, loan or cooperative AGREEMENT.
2. If any funds other than Federal appropriated funds have been paid or be paid to any person for
influencing or altempting to influence an officer or ernployee of any Federal agency, u Member o[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 - ELL, "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 certificalion is a prerequisite for making or entering into
this transaction imposed by-Section l352, Title ]l,0.8.Code. Any person who fails to file the required
certification shall be subject |on civil penalty of not less than $|O,00U.0U, and not more than $|U0^0UO.U0"
for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require
lhat the language of this certification hc included in all lower ticr suh-coutracts. which excecd $ 1 00,000,
and that all such sub-recipients shall certify and disclose accordingly.
KPG, Inc.
Consultant (Firm Name)
NA4.1%,,k,
&gnature (Authorized Cfficia of Consultant) Date
2-c11-'3
Agreement Nuniber:
WSDOT Form 140-089 EF Exhibit G Page 1 of 1 39
Rewiserl 10/30/2014
Exhibit G-4 Certificate of Current Cost or Pricing Data
This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section
2.101 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted,
either actually or by specific identification in writing, to the Contracting Officer or to the Contracting, Officer's
representative in support of Cascade Elementary Safe Routes to School are accurate, complete, and current
as of
This certification includes the cost or pricing data supporting any advance AGREEMENT's and forward pricing
rate AGREEMENT's between the offer or and the Government that are part of the proposal.
Firm: KPG, Inc.
? A-
Signature Title
Date of Execution***:
*Identify the proposal, quotation, request for pricing adjustment, or other submission involved, giving the appropriate identifying number (e.g. project title.)
**Insert the day, month, and year, when price negotiations were concluded and price AGREEMF,NT was reached.
***Insert the dav, month, and year, of signing, which should be as close as practicable to the date when the price negotiations were concluded and the
contract price was agreed to.
Agreement Number:
WSDOT Form 140-089 EF Exhibit G Page 1 of / 40
Revised 10/30/2014
Exhibit °�^~"v«��«� ""
Liability ������ �°�^� �°�
u~���uvxx«�K� x«x������/������ Increase
To0o Used Only Xf insurance Requirements AroUnuroaacd
The professional liability limit of the CONSULTANT to the AGENCY identified in Section Legal Relations
and Insurance of this Agreement is amended to $ NOT APPLICABLE
The CONSULTANT sha l provide Professional Liability insurance with minimum per occurrence limits in the
amount of $ NOT APPLICABLE
Such insurance coverage shall be evidenced by one of the following met! ods:
• Certificate n[Insurance.
• Self-insurance through an irrevocable Letter of Credit from a qualified financial institution.
Self-insurance through documentation of a separate fund established exclusively for the payment ofprofessional
liability claims, including claim amounts already reserved against the fund, safeguards established for payment
from the fund, a copy of the latest annual financial statements and disclosure of the invcstrnent portfolio for
dboso[oody.
Should the minimum Professional Liabiliiy insurance liinit rcquired by the AGIHNCY as specified above excccd
$| million per occurrence or the value of the contract, whichever is greater, then justification shall be submitted
to the Federal Highway Administration ([D\VAl for approval to increase the minimum insurance limit.
IfFlIWi\ approval is obtained, the AGENCY may, at its own cos1 rcirnburse the CONSIJIJFANT for the additioiial
professional liability insurance required.
Notes: Cost of added insurance requircments: $ NOT APPLICABLE
• Include all costs, fee increase, premiums.
• This cost shall not be billed against an FHWA funded project.
• For final contracts, include this exhibit.
Agreement Number:
WSDOT Form 140-089 EF Exhibit H
Revised 10/30/2014
Page 1 of 1 41
Exhibit I
Alleged Consultant Design 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. \n 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
}\t the first indication of potential consultant duxignorzor(s), the frst step in the process is for the Agency's
project manager to notify the Director of Public Works or At4eney Engineer regarding the potential design
error(s). Fcxiedcro|lv funded projects, dho Region Local Programs Engineer should be informed and
involved in these procedures. (Note: 'I'he Director of Puhlic Works or Agency Engineer may appoint an
agcncy staff person other than the project nnuuogcr,v/bobosoo{bccousdirccdyiovn|vodin{hoproject,
to be responsible for lhc remaining steps in these procedures.)
Step 2 Project Manager Documents the Alleged Consultant Dcsign Error(s)
After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the
Director of Puhlic Works or Agency Engineer's concurrence, thc projcct moougcrohtoioynon,edetuilcJ
documentation than is normal!y required on the p jcoL Examples include: all decisions and descriptions
of work; photographs. records of labor, materials and equipment.
Step 3 Contact the Consulianl 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 projecl project manager and other appropriate agency staff should represent the agency and the
consultant shouid be represeiiled hy their project muuagcruodmnypersonuc|(iocb/diogsob-cououkuu&'
deemed appropriate for INc alleged design error(s) issue.
Step 4 Attempt to Resolve Alleged Dcsign Error with ConsuItant
After the meeting(s) with the consultant have been comp!eted regarding the consuliant's alleged design
error(s), there are three possible scenarios:
• It is determined via mutual agreernent that there is not a consu]lant design error(s). if this is lhc casc,
°
It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case,
then the Director of7 Public Works or Agency Engineer, or their representatives, negotiate a settlement
w/iibtbcuuoouliun1.Tbcactil000eodnmuldbcpaid(o{buugcucynrtheanuouniwou7Jhurcduccdburu
the consultant's agreement with the agency for the services on the project in which the design error
took place. The agency is to provide LP, through the Region Local Programs Engineer, a summary
of the settlement for review and to make adjustments, if any, as to how the settlement affects federal
reimbursements. No furiher action is required.
,
There is not a mutua agreement regarding the alleged consultant design . The consultant may
request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency
Engineer for review. }F the Director o[ Public Works orAgency Engineer, after rcvicw wiili their legal
counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5.
Agreement Number:
WSDOT Form 140-089 EF Exhibit 1
Page 1 of 2 42
Reviser/ 10130/2014
Step 5 Forward Documents to Local Programs
For federaily funded projects all available information, including costs, should be forwarded through the
Region Local Programs Engineer to LP for their review and consultation with the 1-11WA. LP will meet
with representatives of the agency and the consuitant 10 review the alleged design error(s), and attempt
to find a resolution to the issue. If necessary, LP will request assistance from the Attorney General's Office
for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of p 'cc(coa1m
for federal reimbursement.
• If mutual agreement is reached, the agency and consultant adjust the scope of work and costs
to reflect the agreed upon resolution. LP, in consultation with FIIWA, will iclentify thc arnount
of federal participation iri the agreed upon resolution of the issue.
• If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration
or by litigation.
Agreement Number:
WSDOT Form 140-089 EF Exhibit 1
Revised 10/30/2014
Page 2 of 2 43
Exhibit �
"~�""xm�xu ��
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 hc utilized uu consultant claims greater than $|'OOO. }f the consultant's dain'(s)are a total
of' $ 1 ,000 or Icss, 11 would not be cost effective to proceed througb the outliued steps. 11 is suggested that ttie
Director of Public Works ur Agency Engineer negotiotu4fairundreuyooub}c price for the consultant's cloino(x)
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 u Claim with he Agency Project Manager
][ the consultant determines that they were requested to perform additional services that were otLlside
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 ihc claim to the Agcncy's project ject manager.
The consultant's claim. must outline the following:
• Summation of hours by classification for cach 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 thc
Agency's project 000noger The project manager wiD review the consuliant'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 participaling in the project's funding, iornuuducopyofthocooauburd`aclui000ndUho/\gcucy`s
recommeiidation for federal participation ind`ec)uinnto1hoWSl]OTLuco]9nognumyUrougbtbcDcuioo
Local Prog,nynos Eoginecc If the claim is oo|elig,iblc for federal participation, payment will need to be from
agency funds.
l[ the Agency project noaougcci)iccctorofPob|icWorksur Agency [Ingiuoor,\Y8[)OT Local Programs
(if applicable), and FHWA (if applicablc) 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 ihe claim. After the request has been approved, the Agency shall write the supplement and/or new
agrcement and pay the consultant the amount of the claim. Inform the consultant that the final payment for
the agreement is suhject to audit. No further action in nceded regarding the claim procedures.
If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures.
AgrconomNomber:
WSDOT Form 140-089 EF Exhibit J Page 1 of 2 44
Revispri 1n/30/2014
Step 3 Preparation of Support Documcntation Rcgarcling Consultant's Claim(s)
|[ the Agency does not agree with the consultant's claim, the project manager shall prepare usummary
far the Director of Public Works or Agency [ug,i/x:cr that included the [oUnvviug:
• Copy of inforrnation 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 docs/dnesoo\ agree with the consultant's
claim(s);
• Explanation to describe what has been instituted 10 preclude future consultant claim(s); and
=
Recomincndaiions to resolve the claim.
Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation
The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove
the claim, or portions thereof, which may include getting Agency Council or Commission approval (as
appropriate 10 agcncy dispute rcsolutionproccdui'cs). I[ the project invn|vca|edcro}pudiuipohnn' obtain:
concurrence from WSDOT Local Programs and [DWA regarding 8no\settlement o[ the claim. l[ the claim
is not eligible for federal participation. payment will need to be from agency funds.
Step 5 Informing Consultant of Dccisioii Regarding the Claim
The Director o[ Public Works or Agency Engineer shu]]uodFv(iunri{iog)d)ccnnuuhuu1ofiheirfina|
decision regarding the consultant's claim(s). Include the final dollar amount oflhe accepted claim(s)
and rationale utilized for the decision.
Step 6 Preparation of Supplement or New Agrecment 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.
Aueement Number:
WSDOr Form /40{N3EFExhibit J Page 2 of 2 45
Revised 10/3012014
uJ
HOUR AND FEE ESTIMATE
City of Tukwila
Cascade View Elementary
0
(1)
Task 5 - Stormwater Preliminary Design and Alternatives Analysis
0 ' 0 0 I 0 0 $ 766.74
0 0 0 1 0 0 $ 766.74
12 0 0 0 0 I $ 2,925.11
4 0 0 0 0 1 $ 2,305.35
!
8 0 0 0 2 $ 2,666.75
$ 50.00
I $ 50.00
a)
(4)
ci
C)
an
ai
o
o
o
8 0 0 0 2 1 $ 3,756.51
80 60 0 0 8 I
$ 22,669.93
4 0 0 0 2 $ 1,765.42
80 40 0 0 8 $ 22,513.98
8 0 0 0 8 $ 7,901.29
8 4 0 0 0 1 $ 4,032.59
24 16 0 0 8
1 $ 11,132.10
8 0 0 0 4 I $ 3,623.99
1 $ 500.00
$ 1,000.00
,—
tr)
a)
co
cci
n
0
o
o
N
0
CV
N
5.1 Compile and review available stormwater data 0 2 4
5.2 Drainage requirements analysis 0 2 4
5.3 Stormwater alternatives ID & development 1 4 8
5.4 Stormwater alternatives evaulation 2 4 8
5.5 Prepare summary technical memo 1 4 8
Mileage
Reproduction
Task Total 4 16 32
Task 6 - Final Plans, Specifications, and Estimates
6.1 Prepare Draft TIR 2 4 16
6.2 Prepare 30% Plans 8 20 40
6.3 Prepare Final TIR 0 2 8
6.4 Prepare 90% Plans 16 20 40
6.5 Prepare Specifications (90%, Final) 4 8 40
6.6 Quantity and cost estimating (30%, 90%, Final) 4 8 8
6.7 Finalize Bid Documents 4 10 40
6.8 Bid Period Services 2 8 8
Mileage
Reproduction
Task Total 40 80 200
Cza
Total Estimated Fee:
46