HomeMy WebLinkAboutContract *4000, *Aw CAG-14-146
Local Agency Consultant/Address/Telephone
KPG, Inc
Standard Consultant 753 9th Avenue N
Agreement Seattle, WA 98109
206-286-1640
®Architectural/Engineering Agreement
❑ Personal Services Agreement
Agreement Number _
Project Title And Work Description
Federal Aid Number Downtown Circulation Project-Phase I
(Main Avenue S and Bronson Way S)
Agreement Type(Choose one)
Preliminary Engineering to convert Main Avenue S
❑ Lump Sum and Bronson Way S to two-way operations, signal
Lump Sum Amount $ modification, new channelization, ADA Upgrades,
® Cost Plus Fixed Fee and WSDOT Coordination.
Overhead Progress Payment Rate %
Overhead Cost Method DBE Participation
❑Actual Cost ❑Yes ® No %°
Federal ID Number or Social Security Number
❑Actual Cost Not To Exceed % 91-1477622 _
® Fixed Overhead Rate 131.49 % Do you require a 1099 for IRS? Completion Date
Fixed Fee $ 13,508.01 ❑Yes ® No July 31, 2015
❑ Specific Rates Of Pay Total Amount Authorized $ 148,818.69
❑ Negotiated Hourly Rate
Management Reserve Fund $
El Provisional Hourly Rate
❑ Cost Per Unit of Work Maximum Amount Payable$ 148,818.69
Index of Exhibits (Check all that apply):
® Exhibit A-1 Scope of Work ❑ Exhibit G-2 Fee-Sub Specific Rates
❑ Exhibit A-2 Task Order Agreement ❑ Exhibit G-3 Sub Overhead Cost
❑ Exhibit B-1 DBE Utilization Certification ® Exhibit H Title VI Assurances
®Exhibit C Electronic Exchange of Data ® Exhibit I Payment Upon Termination of Agreement
❑ Exhibit D-1 Payment- Lump Sum ® Exhibit J Alleged Consultant Design Error Procedures
® Exhibit D-2 Payment-Cost Plus ® Exhibit K Consultant Claim Procedures
❑ Exhibit D-3 Payment-Hourly Rate ❑ Exhibit L Liability Insurance Increase
❑ Exhibit D-4 Payment-Provisional ® Exhibit M-la Consultant Certification
N Exhibit E-1 Fee-Lump/Fixed/Unit ® Exhibit M-lb Agency Official Certification
❑ Exhibit E-2 Fee-Specific Rates ® Exhibit M-2 Certification-Primary
® Exhibit F Overhead Cost ® Exhibit M-3 Lobbying Certification
® Exhibit G Subcontracted Work ® Exhibit M-4 Pricing Data Certification
® Exhibit G-1 Subconsultant Fee ❑ App.31.910 Supplemental Signature Page
THIS AGREEMENT,made and entered into this :5� day of ',yc Le/ 2014 ,
between the Local Agency of City of Renton Washington,hereinafter called the"AGENCY",
and the above organization hereinafter called the"CONSULTANT".
DOT Form 140-089 EF Page 1 of 8
Revised 09/2013
WITNESSETH THAT: *40" *a*V
WHEREAS,the AGENCY desires to accomplish the above referenced project,and
WHEREAS,the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it
advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT;
and
WHEREAS,the CONSULTANT represents that he/she is in compliance with the Washington State Statutes relating to
professional registration, if applicable,and has signified a willingness to furnish Consulting services to the AGENCY,
NOW THEREFORE,in consideration of the terms,conditions,covenants and performance contained herein,or attached
and incorporated and made a part hereof,the parties hereto agree as follows:
I General Description of Work
The work under this AGREEMENT shall consist of the above described work and services as herein defined and
necessary to accomplish the completed work for this PROJECT. The CONSULTANT shall furnish all services, labor,and
related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT.
II Scope of Work
The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit"A"attached hereto and
by this reference made a part of this AGREEMENT.
III General Requirements
All aspects of coordination of the work of this AGREEMENT with outside agencies,groups,or individuals shall receive
advance approval by the AGENCY.Necessary contacts and meetings with agencies,groups,and/or individuals shall be
coordinated through the AGENCY.The CONSULTANT shall attend coordination,progress and presentation meetings
with the AGENCY and/or such Federal, State,Community,City or County officials,groups or individuals as may be
requested by the AGENCY.The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring
CONSULTANT participation.The minimum required hours or days notice shall be agreed to between the AGENCY and
the CONSULTANT and shown in Exhibit"A."
The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY,which will outline in
written and graphical form the various phases and the order of performance of the work in sufficient detail so that the
progress of the work can easily be evaluated.
The CONSULTANT,and each SUBCONSULTANT, shall not discriminate on the basis of race,color,national origin,or
sex in the performance of this contract.The CONSULTANT,and each SUBCONSULTANT, shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of USDOT-assisted contracts. Failure by the
CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the
termination of this AGREEMENT.
Participation for Disadvantaged Business Enterprises(DBE), if required,per 49 CFR Part 26,or participation of Minority
Business Enterprises(MBE),and Women Business Enterprises(WBE),shall be shown on the heading of this
AGREEMENT. If D/M/WBE firms are utilized,the amounts authorized to each firm and their certification number will be
shown on Exhibit"B"attached hereto and by this reference made a part of this AGREEMENT. If the Prime
CONSULTANT is a DBE firm they must comply with the Commercial Useful Function(CUF)regulation outlined in the
AGENCY'S"DBE Program Participation Plan".The mandatory DBE participation goals of the AGREEMENT are those
established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the
AGENCY.
All Reports,PS&E materials,and other data furnished to the CONSULTANT by the AGENCY shall be returned. All
electronic files,prepared by the CONSULTANT,must meet the requirements as outlined in Exhibit"C."
All designs,drawings,specifications,documents,and other work products, including all electronic files,prepared by the
CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT,
and are the property of the AGENCY. Reuse by the AGENCY or by others,acting through or on behalf of the AGENCY
of any such instruments of service,not occurring as a part of this PROJECT,shall be without liability or legal exposure to
the CONSULTANT.
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IV Time for Beginning and 6ftpietion rr./
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the
AGENCY.
All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under
completion date.
The established completion time shall not be extended because of any delays attributable to the CONSULTANT,but
may be extended by the AGENCY in the event of a delay attributable to the AGENCY,or because of unavoidable
delays caused by an act of GOD or governmental actions or other conditions beyond the control of the
CONSULTANT.A prior supplemental agreement issued by the AGENCY is required to extend the established
completion time.
V Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this
AGREEMENT as provided in Exhibit"D"attached hereto,and by reference made part of this AGREEMENT. Such
payment shall be full compensation for work performed or services rendered and for all labor,materials,supplies,
equipment,and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable
portions of 48 CFR Part 31.
A post audit may be performed on this AGREEMENT. The need for a post audit will be determined by the State
Auditor, WSDOT External Audit Office and/or at the request of the AGENCY'S PROJECT Manager.
VI Sub-Contracting
The AGENCY permits sub-contracts for those items of work as shown in Exhibit"G"attached hereto and by this
reference made part of this AGREEMENT.
Compensation for this sub-consultant work shall be based on the cost factors shown on Exhibit"G."
The work of the sub-consultant shall not exceed its maximum amount payable unless a prior written approval has been
issued by the AGENCY.
All reimbursable direct labor,overhead,direct non-salary costs and fixed fee costs for the sub-consultant shall be
substantiated in the same manner as outlined in Section V.All sub-contracts shall contain all applicable provisions of
this AGREEMENT.
With respect to sub-consultant payment,the CONSULTANT shall comply with all applicable sections of the Prompt
Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011.
The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT without prior
written permission of the AGENCY.No permission for sub-contracting shall create,between the AGENCY and sub-
contractor,any contract or any other relationship.A DBE certified sub-consultant is required to perform a minimum
amount of their sub-contracted agreement that is established by the WSDOT Local Programs Project Development
Engineer in consultation with the AGENCY.
VII Employment
The CONSULTANT warrants that they have not employed or retained any company or person,other than a bona fide
employee working solely for the CONSULTANT,to solicit or secure this contract,and that it has not paid or agreed to
pay any company or person,other than a bona fide employee working solely for the CONSULTANT,any fee,
commission,percentage,brokerage fee,gift,or any other consideration,contingent upon or resulting from the award or
making of this contract. For breach or violation of this warrant,the AGENCY shall have the right to annul this
AGREEMENT without liability or,in its discretion,to deduct from the AGREEMENT price or consideration or
otherwise recover the full amount of such fee,commission,percentage,brokerage fee,gift,or contingent fee.
Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or
services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the
CONSULTANT only and not of the AGENCY,and any and all claims that may arise under any Workmen's
Compensation Act on behalf of said employees or other persons while so engaged,and any and all claims made by a
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third party as a consequence of anyr omission on the part of the CON SULTAN t*woemployees or other persons
while so engaged on any of the work or services provided to be rendered herein,shall be the sole obligation and
responsibility of the CONSULTANT.
The CONSULTANT shall not engage,on a full-or part-time basis,or other basis,during the period of the contract,any
professional or technical personnel who are,or have been,at any time during the period of the contract, in the employ
of the United States Department of Transportation,or the STATE,or the AGENCY,except regularly retired
employees,without written consent of the public employer of such person.
VIII Nondiscrimination
During the performance of this contract,the CONSULTANT,for itself,its assignees,and successors in interest agrees
to comply with the following laws and regulations:
Title VI of the Civil Rights Act of 1964
(42 USC Chapter 21 Subchapter V Section 2000d through 2000d-4a)
Federal-aid Highway Act of 1973
(23 USC Chapter 3 Section 324)
Rehabilitation Act of 1973
(29 USC Chapter 16 Subchapter V Section 794)
Age Discrimination Act of 1975
(42 USC Chapter 76 Section 6101 et seq.)
Civil Rights Restoration Act of 1987
(Public Law 100-259)
American with Disabilities Act of 1990
(42 USC Chapter 126 Section 12101 et. seq.)
49 CFR Part 21
23 CFR Part 200
RCW 49.60.180
In relation to Title VI of the Civil Rights Act of 1964,the CONSULTANT is bound by the provisions of Exhibit"H"
attached hereto and by this reference made part of this AGREEMENT,and shall include the attached Exhibit"H"in
every sub-contract,including procurement of materials and leases of equipment,unless exempt by the Regulations or
directives issued pursuant thereto.
IX Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten(10)days written notice to
the CONSULTANT.
In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the
CONSULTANT,a final payment shall be made to the CONSULTANT as shown in Exhibit"I"for the type of
AGREEMENT used.
No payment shall be made for any work completed after ten(10)days following receipt by the CONSULTANT of the
Notice to Terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds
the total amount that would be due when computed as set forth herein above,then no final payment shall be due and the
CONSULTANT shall immediately reimburse the AGENCY for any excess paid.
If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT,
the above formula for payment shall not apply.
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In such an event,the amount to be P%voshall be determined by the AGENCY with co?M&eration given to the actual
costs incurred by the CONSULTANT in performing the work to the date of termination,the amount of work originally
required which was satisfactorily completed to date of termination,whether that work is in a form or a type which is
usable to the AGENCY at the time of termination,the cost to the AGENCY of employing another firm to complete the
work required and the time which may be required to do so,and other factors which affect the value to the AGENCY
of the work performed at the time of termination.
Under no circumstances shall payment made under this subsection exceed the amount,which would have been made
using the formula set forth above.
If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to
perform is without the CONSULTANT'S or it's employee's default or negligence,the termination shall be deemed to
be a termination for the convenience of the AGENCY. In such an event,the CONSULTANT would be reimbursed for
actual costs in accordance with the termination for other than default clauses listed previously.
In the event of the death of any member,partner or officer of the CONSULTANT or any of its supervisory personnel
assigned to the PROJECT,or dissolution of the partnership,termination of the corporation,or disaffiliation of the
principally involved employee,the surviving members of the CONSULTANT hereby agree to complete the work under
the terms of this AGREEMENT, if requested to do so by the AGENCY.This subsection shall not be a bar to
renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY,if the
AGENCY so chooses.
In the event of the death of any of the parties listed in the previous paragraph,should the surviving members of the
CONSULTANT,with the AGENCY'S concurrence,desire to terminate this AGREEMENT,payment shall be made as
set forth in the second paragraph of this section.
Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of
any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT,or for
failure of the CONSULTANT to perform work required of it by the AGENCY.Forbearance of any rights under the
AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or
omission by the CONSULTANT.
X Changes of Work
The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary
to correct errors appearing therein,when required to do so by the AGENCY,without additional compensation thereof
Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts
thereof changed or revised,the CONSULTANT shall make such revisions as directed by the AGENCY. This work
shall be considered as Extra Work and will be paid for as herein provided under Section XIV.
XI Disputes
Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the
CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY
Engineer,whose decision in the matter shall be final and binding on the parties of this AGREEMENT;provided,
however,that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision,that
decision shall be subject to de novo judicial review. If the parties to this AGREEMENT mutually agree,disputes
concerning alleged design errors will be conducted under the procedures found in Exhibit"J",and disputes concerning
claims will be conducted under the procedures found in Exhibit"K".
XII Venue, Applicable Law, and Personal Jurisdiction
In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or
obligation under this AGREEMENT,the parties hereto agree that any such action shall be initiated in the Superior
court of the State of Washington,situated in the county in which the AGENCY is located.The parties hereto agree that
all questions shall be resolved by application of Washington law and that the parties to such action shall have the right
of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington. The
CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington,situated
in the county in which the AGENCY is located.
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XIII Legal Relations %WW *ftof
The CONSULTANT shall comply with all Federal,State,and local laws and ordinances applicable to the work to be
done under this AGREEMENT.This contract shall be interpreted and construed in accordance with the laws of the
State of Washington.
The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless
from and shall process and defend at its own expense all claims,demands,or suits at law or equity arising in whole or
in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT;provided
that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold
harmless the AGENCY or the STATE from claims,demands or suits based solely upon the conduct of the AGENCY or
the STATE,their agents,officers and employees;and provided further that if the claims or suits are caused by or result
from the concurrent negligence of(a)the CONSULTANT'S agents or employees,and(b)the AGENCY or the
STATE,their agents,officers and employees,this indemnity provision with respect to(1)claims or suits based upon
such negligence(2)the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and
enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents
or employees.
The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor.
The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws,including RCW 42.23,
which is the Code of Ethics for regulating contract interest by municipal officers.The CONSULTANT specifically
assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and,
solely for the purpose of this indemnification and defense,the CONSULTANT specifically waives any immunity under
the state industrial insurance law,Title 51 RCW.
Unless otherwise specified in the AGREEMENT,the AGENCY shall be responsible for administration of construction
contracts, if any,on the PROJECT. Subject to the processing of a new sole source,or an acceptable supplemental
agreement,the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administration.By
providing such assistance,the CONSULTANT shall assume no responsibility for:proper construction techniques,job
site safety,or any construction contractor's failure to perform its work in accordance with the contract documents.
The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT,or as otherwise required,
the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to
Title 48 RCW.
Insurance Coverage
A. Worker's compensation and employer's liability insurance as required by the STATE.
B.Commercial general liability written under ISO Form CG 00 01 12 04 or its equivalent with minimum limits of
one million dollars($1,000,000)per occurrences and two million dollars($2,000,000) in the aggregate for each
policy period.
C.Vehicle liability insurance for any automobile used in an amount not less than a one million dollar($1,000,000)
combined single limit.
Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the
CONSULTANT,the AGENCY will be named on all policies as an additional insured.The CONSULTANT shall
furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT.The AGENCY
reserves the right to require complete,certified copies of all required insurance policies at any time.
All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The
CONSULTANT shall submit a verification of insurance as outlined above within fourteen(14)days of the execution of
this AGREEMENT to the AGENCY.
No cancellation of the foregoing policies shall be effective without thirty(30)days prior notice to the AGENCY.
The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this
AGREEMENT or one million($1,000,000)dollars,whichever is the greater,unless modified by Exhibit"L". In no
case shall the CONSULTANT'S professional liability to third parties be limited in any way.
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The AGENCY will pay no progress`. ments under Section V until the CONSULTMWhas fully complied with this
section.This remedy is not exclusive;and the AGENCY and the STATE may take such other action as is available to it
under other provisions of this AGREEMENT,or otherwise in law.
XIV Extra Work
A. The AGENCY may at any time,by written order, make changes within the general scope of the AGREEMENT in
the services to be performed.
B. If any such change causes an increase or decrease in the estimated cost of,or the time required for,performance of
any part of the work under this AGREEMENT,whether or not changed by the order,or otherwise affects any other
terns and conditions of the AGREEMENT,the AGENCY shall make an equitable adjustment in the(1)maximum
amount payable;(2)delivery or completion schedule,or both;and(3)other affected terms and shall modify the
AGREEMENT accordingly.
C. The CONSULTANT must submit any"request for equitable adjustment",hereafter referred to as"CLAIM",under
this clause within thirty(30)days from the date of receipt of the written order.However, if the AGENCY decides
that the facts justify it,the AGENCY may receive and act upon a CLAIM submitted before final payment of the
AGREEMENT.
D. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However,nothing in this clause
shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed.
E.Notwithstanding the terms and conditions of paragraphs(A)and(B)above,the maximum amount payable for this
AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this
AGREEMENT.
XV Endorsement of Plans
If applicable,the CONSULTANT shall place their endorsement on all plans,estimates,or any other engineering data
furnished by them.
XVI Federal and State Review
The Federal Highway Administration and the Washington State Department of Transportation shall have the right to
participate in the review or examination of the work in progress.
XVII Certification of the Consultant and the Agency
Attached hereto as Exhibit"M-1(a and b)"are the Certifications of the CONSULTANT and the AGENCY, Exhibit"M
-2"Certification Regarding Debarment, Suspension and Other Responsibility Matters- Primary Covered Transactions,
Exhibit"M-3"Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit"M-4"
Certificate of Current Cost or Pricing Data. Exhibit"M-3"is required only in AGREEMENTS over$100,000 and
Exhibit"M-4" is required only in AGREEMENTS over$500,000.
XVIII Complete Agreement
This document and referenced attachments contain all covenants, stipulations,and provisions agreed upon by the
parties.No agent,or representative of either party has authority to make,and the parties shall not be bound by or be
liable for,any statement,representation,promise or agreement not set forth herein.No changes,amendments,or
modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to
this AGREEMENT.
XIX Execution and Acceptance
This AGREEMENT may be simultaneously executed in several counterparts,each of which shall be deemed to be an
original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements,representations,
warranties,covenants,and agreements contained in the proposal,and the supporting material submitted by the
CONSULTANT,and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof.
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In witness whereof, the parties Flo have executed this AGREEMENT as oma day and year shown in the
"Execution Date" box on page one(1)of this AGREEMENT.
B By
Denis Law, Ma r
Consultant KPG, Inc Agency City of Renton
Attest:
S
Jason A. Seth, A ng City C erk
y"
DOT
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**MO ''✓e
EXHIBIT A
CITY OF RENTON
DOWNTOWN CIRCULATION PROJECT- PHASE I
(MAIN AVENUE S AND BRONSON WAY S)
PRELIMINARY DESIGN
SCOPE OF WORK
AUGUST 27, 2014
A. PROJECT DESCRIPTION/BACKGROUND
The City of Renton ("City") has a desire to improve vehicle circulation throughout the
Downtown area by converting Main Avenue S and Bronson Way S to two-way
operations. The Downtown Circulation Project is considered Phase I of a multi-phased
project that would eventually make the downtown area easier to navigate for both
motorized and non-motorized methods of travel. Additionally, the Project will look to
create a downtown gateway plaza/intersection at Main/2nd/Bronson and to maximize
on-street parking along S 2nd Street from Mill Avenue S to Wells Avenue S by re-
channelizing the roadway to two travel lanes and providing on-street parking on both
the north and south sides of S 2nd Street.
This scope outlines the Preliminary Design effort, supplemental services, and WSDOT
coordination required to achieve the City's Project goals. KPG ("Consultant") will
provide the preliminary design to re-channelize the following roadway segments to
accommodate two-way travel lanes:
• Main Avenue S (SR 515)—from Houser Way S to Bronson Way S
• Bronson Way S (SR 900)— From Mill Avenue S to Main Avenue S
In addition to this, preliminary design documents will be developed to create a plaza
area/downtown gateway at the Main/2nd/Bronson intersection that will include a new
fully actuated decorative pole signal, decorative lighting fixtures, and landscape,
gateway and urban design features.
This effort will support the new Renton Heritage Apartment Complex development
currently under review by the City's Planning Department. The 6-story apartment
complex will be located at the southwest corner of Main Avenue S and S 2nd Street and
will include 101 dwelling units and 125 parking stalls. The Renton Heritage Apartment
Complex Project is anticipated to start construction in 2014.
City of Renton
Downtown Circulation Project—Phase I
Preliminary Design KPG
Project Number: 14080 1 August,2014
*MW
This scope of services outlines the required design effort to achieve the following goals
during the Preliminary Design phase of the entire project site:
• Topographic Survey
• Environmental Permitting
• Traffic Analysis and Reporting
• WSDOT Approval - Project Analysis and Channelization Plan
It is anticipated that once the City has secured the necessary project funds for Final
Design, this scope of services will be amended to encapsulate the required design effort
to do so.
B. ASSUMPTIONS
The following assumptions were identified to provide direction with design:
❑ Improvements to water, sewer, and storm utilities will not be required.
❑ ROW acquisition will not be required.
❑ The Project will require a SEPA Checklist (MDNS Anticipated), Cultural Resource
Report and a Shoreline Permit due to the proximity of portions of the project that lie
within the setback area of the Cedar River.
❑ Stormwater drainage report will not be required.
❑ Structural engineering is not anticipated and not included in the scope of work.
❑ The project currently does not include any Federal or State grant funds within this
Preliminary Design phase.
❑ Design of art features is not included in this scope of work but may be added
through supplemental agreement once the extent of art treatment is understood.
City of Renton
Downtown Circulation Project—Phase I
Preliminary Design KPG
Project Number: 14080 2 August,2014
C. KPG DELIVERABLES
Deliverables prepared by the Consultant are identified at the end of each task.
D. CITY OF RENTON PROVIDED ITEMS:
The City of Renton will provide/prepare the following:
❑ Submittal reviews, comments, and approvals (1 to 2 sets of comments per submittal)
❑ Public notices and property owner mailing and postage
❑ Meeting room arrangements
❑ Stormwater system video and information on existing pipe conditions and GIS data
❑ Any necessary title reports for parcels adjacent to the project.
❑ Right-of-entries for surveying, geotechnical review, and/or construction, if required
❑ Renton Heritage Apartment Complex geotechnical report, traffic studies, and design
files in CAD
❑ Most recent traffic counts and turning movement counts within the project area
E. SCOPE OF WORK
WORK ELEMENT 1—MANAGEMENT/COORDINATION/ADMINISTRATION FOR FINAL DESIGN
The Estimated project duration is 5 months.
1.1 The Consultant will provide continuous project management for the project
duration of the project through final design (estimate 5 months).
1.2 The Consultant will prepare monthly progress reports identifying work
completed in the previous month, work in progress, upcoming work elements,
and reporting of any delays, problems, or additional information needs. These
reports will be submitted with the Consultant invoices.
1.3 The Consultant will prepare and update project schedule.
1.4 The Consultant will conduct regular project team meetings (estimate 5 meetings
total) with internal staff and subconsultants.
1.5 The Consultant will provide internal quality assurance/quality control (QA/QC)
reviews of all major deliverables prior to submittal to the City.
Work Element 1 Deliverables:
■ Monthly progress reports (5 months)
■ Project Schedule and Updates
City of Renton
Downtown Circulation Project—Phase I
Preliminary Design KPG
Project Number: 14080 3 August,2014
WORK ELEMENT 2—SURVEY AND BASE MAPPING
2.1 Establish horizontal and vertical control points along the corridor for field
topographic survey. Basis of control will be City of Renton Datum. (Horizontal
NAVD 83/91, Vertical NAVD 88). Control points will be established and will be
made available for use during design/construction. The consultant will locate,
field survey, and calculate positions for 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.
2.2 Field survey within the project limits:
• Field survey of planimetric features and utilities. Topographic mapping of the
existing ground will be taken at approximately at 25-ft intervals (to 2-ft. contour
intervals) within the intersections of Main Ave S with Houser Way S and Bronson
Way S and where necessary up to the face of existing buildings. Locating
overhead lines, signal loops and concrete panel seams are included in this task.
Locate paint marks in task 2.3 at 50-ft intervals, including surface features
(valves, manholes, catch basins, junction boxes, vaults, etc.). Irrigation systems
will not be included. Perform observation and measure-downs of existing storm
drain catch basins and manholes and sewer manholes within the two
intersections. The approximate size, type (brick, concrete), and general condition
of the structures to confirm suitability for continued use, and approximate size
and location of pipes will be documented. These observations will be made from
the surface.
• For road corridors outside of main intersections: Topographic survey only of
back of walk, curb and gutter, road crown, and channelization.
2.3 The Consultant shall coordinate utility locates, identification, survey, and other
work, as necessary, to locate all other franchise underground and overhead
utilities within two intersections in order to identify any potential conflicts with
the proposed improvements. When making requests for utility locates, the
Consultant shall inform the Utility Notification Center that the requested locates
are for design purposes for the City of Renton.
2.4 CADD mapping work to prepare 1"=20' topographic base map and digital terrain
model (DTM) in AutoCAD format of the project within the limits described
above. Right-of-way and parcel lines within the intersection areas will be
determined from available survey records (surveys, right-of-way plans, etc.).
Other areas will utilize available GIS linework and will only be approximate.
City of Renton
Downtown Circulation Project—Phase I
Preliminary Design KPG
Project Number: 14080 4 August,2014
2.5 Potholing to identify potential utility conflicts will be completed as necessary for
final design (4 estimated). The locations of the potholes will be surveyed and
added to the base map.
Work Element 2 Deliverables:
■ Electronic copies of the completed base map will be delivered to the City.
■ Electronic copies of the completed field topographic base map will be delivered to
the City.
WORK ELEMENT 3—ENVIRONMENTAL DOCUMENTATION
This Work Element includes the effort required to obtain known environmental
clearances for the proposed work. A detailed scope of services from Widener Associates
is included in Exhibit G.
3.1 Prepare an Executive Order (EO) 05-05 for the proposed improvements.
3.2 Prepare a SEPA Checklist (MDNS Anticipated) for the proposed improvements.
3.3 Prepare a Shoreline Permit Application for all work contained within the setback
limits of the Cedar River
Work Element 3 Deliverables:
■ Submit Area of Potential Impacts (API) and EZ1 Form to DAHP
■ Draft and Final SEPA Checklist
■ Draft and Final Shoreline Permit Application
WORK ELEMENT 4—TRAFFIC ANALYSIS
The Consultant will perform a traffic analysis of the Bronson Way S and Main Avenue S
corridor between Houser Way S and Mill Avenue S. The project will analyze traffic
operations with the proposed two-way street configuration on Bronson Way S and Main
Avenue S. The analysis will address the forecasted 2035 travel demand by determining
the future capacity needs for the corridor and its adjacent streets.
4.1 Existing Conditions Analysis:
• Assemble recent available traffic counts from the City and other studies. As
needed, perform turning movement counts at up to 5 intersections during the
PM peak period.
• Obtain and review relevant traffic studies, Synchro files, traffic channelization
plans, signal timing plans, and transportation plans.
City of Renton
Downtown Circulation Project—Phase I
Preliminary Design KPG
Project Number: 14080 5 August,2014
...
• Conduct an existing PM peak hour traffic analysis for the 5 intersections listed
below. Analysis will be done with Synchro and will include a SimTraffic
simulation analysis of the defined study area. The study intersections are as
follows:
o Bronson Way S/Mill Avenue S
o S 2nd Street/Main Avenue S
o S 2nd Street/Mill Avenue S
o S 3rd Street-Houser Way S/Main Avenue S
o Houser Way S/Mill Avenue S
4.2 2035 Traffic Forecasts and Analysis:
• Using recent City traffic forecasts, develop 2035 turning movement volumes for
the study intersections, reflecting the changes in circulation patterns and
capacity of the study area's streets.
• Conduct a 2035 PM peak hour traffic analysis for the 5 study intersections
reflecting without and with the proposed changes to the corridor. Analysis will
be done with Synchro and will include a SimTraffic simulation analysis of the
defined corridor. Identify any traffic diversions to other corridors due to
channelization modifications and evaluate the potential for the provision of on-
street parking within the defined study area. A sensitivity analysis will be
included.
• Work will include analyzing the effects of any detoured traffic from the Logan
Avenue Project assuming this project is constructed ahead of Logan Avenue.
4.3 Traffic Report:
• Prepare a report documenting existing and future traffic conditions, and corridor
recommendations for Main Avenue S and Bronson Way S between Houser Way S
and Mill Avenue S.
Work Element 4 Deliverables:
■ Draft Traffic Report, One (1) Bound Hard Copy and an Electronic PDF
■ Final Traffic Report, One (1) Bound Hard Copy and an Electronic PDF
WORK ELEMENT 5—WSDOT COORDINATION/CHANNELIZATION/PROJECT ANALYSIS
5.1 Hold two (2) meetings with WSDOT to introduce the project goals,
review/determine the traffic circulation analysis approach and establish the
necessary approval process required by WSDOT.
City of Renton
Downtown Circulation Project—Phase I
Preliminary Design KPG
Project Number: 14080 6 August,2014
ter.. `'fto`
5.2 Prepare and submit WSDOT channelization plans. The plans will meet WSDOT
channelization plan requirements, including required supporting documentation,
deviation requests, and design vehicle turning movement analysis. It is
anticipated that channelization approval will require two (2) meetings with
WSDOT staff and two (2) submittals of the Channelization Plans.
5.3 Prepare and submit WSDOT Project Analysis in accordance with WSDOT
requirements. It is anticipated that approval will require two (2) meeting with
WSDOT staff and two (2) submittals of the analysis.
Work Element 5 Deliverables:
■ WSDOT Channelization Plan and Signed Mylars (WSDOT Required)
■ WSDOTProject Analysis
WORK ELEMENT 6—PRELIMINARY DESIGN(30%)
6.1 The Consultant shall prepare 30% complete drawings of the project. In general,
these plans will convey the proposed horizontal locations of improvements but
will not include construction notes, specific construction details, or vertical
locations. It is anticipated that the 30% Plans will include the following:
❑ Cover Sheet
❑ Sheet Index, Alignment Plan, and Survey Control
❑ Legend and Abbreviations
❑ Typical Sections
❑ Site Preparation Plans
❑ Roadway Plans
❑ Illumination Plans
❑ Signalization Plans
❑ Channelization and Signing Plans
6.2 The Consultant shall evaluate lighting performance using the AG132 illumination
model that shows lighting levels and uniformity at the intersections of Main
Avenue S/Houser Way S and Main Avenue 5/Bronson Way S/2nd
6.3 Consultant shall prepare a 30% design level cost estimate showing proposed pay
items and method of measurement.
Work Element 6 Deliverables:
■ One (1) '2-size unbound,five (5)%-size bound of the 30%Design Plans
■ One (1) hard copy, and two (2) electronic versions (PDF and Excel) of the 30%
Engineer's Estimate
■ AGI Lighting Report
City of Renton
Downtown Circulation Project—Phase I
Preliminary Design KPG
Project Number: 14080 7 August,2014
1*4"r
ADDITIONAL SERVICES
The City may require additional services of the Consultant. The scope of these services
will be determined based on the unanticipated project needs or other considerations at
the sole discretion of the City. This work may include items identified in the current task
authorizations as well other items, which may include, but are not necessarily limited to
the following:
• Final Design services
• Additional Environmental Documentation
• Design of Art Features
• Structural Engineering
• Landscaping Design
• Geo Technical Engineering
• Bid and Advertisement Support
• Right of Way acquisition, appraisals, or assistance with condemnation
proceedings
• Providing Construction Administration Services
• Converting Houser Way S from Main Avenue S to Mill Avenue S to Two-Way
Operations
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 Renton
Downtown Circulation Project—Phase I
Preliminary Design KPG
Project Number: 14080 8 August,2014
Exhibit C
Electronic Exchange of Engineering and Other Data
In this Exhibit the agency,as applicable, is to provide a description of the format and standards the
consultant is to use in preparing electronic files for transmission to the agency.The format and standards to
be provided may include,but are not limited to,the following:
I. Surveying,Roadway Design&Plans Preparation Section
A. Survey Data
AutoCAD/Civil 3D 2013
B. Roadway Design Files
AutoCAD/Civil 3D 2013/PDF/Haul Conies
C.Computer Aided Drafting Files
AutoCAD/Cavil 3D 2013
D. Specify the Agency's Right to Review Product with the Consultant
E. Specify the Electronic Deliverables to Be Provided to the Agency
Plans/Specifications/Estimates in PDF,Excel, Word, AntoC AD/Civil 3D 2013
F. Specify What Agency Furnished Services and Information Is to Be Provided
See Scone of Work A-1
II. Any Other Electronic Files to Be Provided
DOT Form 140-089 EF Exhibit C
Revised 10/2013
,%WW
III. Methods to Electronically Exchange Data
FTP and Email
A.Agency Software Suite
B.Electronic Messaging System
C. File Transfers Format
DOT Form 140-089 EF Exhibit C
Revised 10/2013
*law `✓
Exhibit D-2
Payment (Cost Plus a Fixed Fee)
The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this
AGREEMENT as provided hereinafter. Such payment shall be full compensation for work performed or
services rendered and for all labor,materials,supplies,equipment,and incidentals necessary to complete the
work specified in Section I1,"Scope of Work."The CONSULTANT shall conform to all applicable portions of
48 CFR Part 31.
A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the
CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost,
overhead,direct non-salary costs,and fixed fee.
1. Direct Salary Costs: The Direct Salary Cost is the direct salary paid to principals,
professional,technical,and clerical personnel for the time they are productively
engaged in work necessary to fulfill the terms of this AGREEMENT. The
CONSULTANT shall maintain support data to verify the direct salary costs billed
to the AGENCY.
2. Overhead Costs: Overhead Costs are those costs other than direct costs,which are
included as such on the books of the CONSULTANT in the normal everyday
keeping of its books.Progress payments shall be made at the rate shown in the
heading of this AGREEMENT under"Overhead Progress Payment Rate."Total
overhead payment shall be based on the method shown in the heading of the
AGREEMENT.The two options are explained as follows:
a. Fixed Rate: If this method is indicated in the heading of the AGREEMENT the
AGENCY agrees to reimburse the CONSULTANT for overhead at the
percentage rate shown. This rate shall not change during the life of the
AGREEMENT.
b. Actual Cost: If this method is indicated in the heading of the AGREEMENT the
AGENCY agrees to reimburse the CONSULTANT the actual overhead costs
verified by audit,up to the Maximum Total Amount Payable, authorized under
this AGREEMENT,when accumulated with all other Actual Costs.
A summary of the CONSULTANTS cost estimate and the overhead
computation is shown in Exhibit"E"attached hereto and by this reference made
part of this AGREEMENT. When an Actual Cost method is used,the
CONSULTANT(prime and all sub-consultants)will submit to the AGENCY
within six(6)months after the end of each firm's fiscal year,an overhead
schedule in the format required by the AGENCY(cost category,dollar
expenditures,etc.)for the purpose of adjusting the overhead rate for billing
purposes. It shall be used for the computation of progress payments during the
following year and for retroactively adjusting the previous year's overhead cost
to reflect the actual rate.
DOT Form 140-089 EF Exhibit D-2
Revised 6108
Failure to suppl�.s information by either the prime CONS4r,41ANT or any of their sub-
consultants shall cause the AGENCY to withhold payment of the billed overhead costs until
such time as the required information is received and an overhead rate for billing purposes is
approved.
The AGENCY, STATE and/or the Federal Government may perform an audit of the
CONSULTANT'S books and records at any time during regular business hours to determine
the actual overhead rate,if they so desire.
3. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the Actual Cost to
the CONSULTANT.These charges may include,but are not limited to,the following
items:travel,printing, long distance telephone, supplies,computer charges and sub-
consultant costs.
a. Air or train travel will be reimbursed only to economy class levels unless
otherwise approved by the AGENCY. The CONSULTANT shall comply with
the rules and regulations regarding travel costs(excluding air,train,and rental
car costs)in accordance with the AGENCY'S Travel Rules and Procedures.
However,air,train,and rental car costs shall be reimbursed in accordance with
48 CFR Part 31.205-46"Travel Cost
b. The billing for Direct Non-Salary Costs shall include an itemized listing of
the charges directly identifiable wh the PROJECT.
c. The CONSULTANT shall maintain the original supporting documents in their
office.Copies of the original supporting documents shall be supplied to the
AGENCY upon request.
d. All above charges must be necessary for the services provided under this
AGREEMENT.
4. Fixed Fee: The Fixed Fee,which represents the CONSULTANT'S profit, is shown in the
heading of this AGREEMENT under Fixed Fee. This amount does not include any
additional Fixed Fee,which could be authorized from the Management Reserve Fund. This
fee is based on the Scope of Work defined in this AGREEMENT and the estimated person-
hours required to perform the stated Scope of Work. In the event the CONSULTANT
enters into a supplemental AGREEMENT for additional work,the supplemental
AGREEMENT may include provisions for the added costs and an appropriate additional
fee.The Fixed Fee will be prorated and paid monthly in proportion to the percentage of
work completed by the CONSULTANT and reported in the Monthly Progress Reports
accompanying the billings. Any portion of the Fixed Fee earned but not previously paid in
the progress payments will be covered in the final payment,subject to the provisions of
Section IX entitled"Termination of Agreement."
5. Management Reserve Fund: The AGENCY may desire to establish a Management Reserve
Fund to provide the Agreement Administrator with the flexibility to authorize additional
funds to the AGREEMENT for allowable unforeseen costs,or reimbursing the
CONSULTANT for additional work beyond that already defined in this AGREEMENT.
Such authorization(s)shall be in writing and shall not exceed
the lesser cam,00,000 or 10%of the Total Amount Autl4..Aed as shown in the heading
of this AGREEMENT. The amount included for the Management Reserve Fund is
shown in the heading of this AGREEMENT. This fund may not be replenished. Any
changes requiring additional costs in excess of the Management Reserve Fund shall be
made in accordance with Section XIV,"Extra Work."6. Maximum Total Amount
Payable: The Maximum Total Amount Payable by the AGENCY to the
CONSULTANT under this AGREEMENT shall not exceed the amount shown in the
heading of this AGREEMENT.The Maximum Total Amount Payable is comprised of
the Total Amount Authorized,and the Management Reserve Fund. The Maximum
Total Amount Payable does not include payment for Extra Work as stipulated in
Section XIV,"Extra Work."No minimum amount payable is guaranteed under this
AGREEMENT.
B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for
reimbursement of Actual Costs plus the calculated overhead and fee on a monthly basis during the
progress of the work. Such billings shall be in a format approved by the AGENCY and
accompanied by the monthly progress reports required under Section III, "General Requirements"
of this AGREEMENT.The billings will be supported by an itemized listing for each item including
Direct Salary,Direct Non-Salary,and allowable Overhead Costs to which will be added the
prorated Fixed Fee. To provide a means of verifying the billed salary costs for CONSULTANT
employees,the AGENCY may conduct employee interviews. These interviews may consist of
recording the names,titles, salary rates,and present duties of those employees performing work on
the PROJECT at the time of the interview.
C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned
will be made promptly upon its verification by the AGENCY after the completion of the work
under this AGREEMENT,contingent upon receipt of all PS&E,plans,maps,notes,reports,
electronic data and other related documents which are required to be furnished under this
AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a
release of all claims for payment,which the CONSULTANT may have against the AGENCY
unless such claims are specifically reserved in writing and transmitted to the AGENCY by the
CONSULTANT prior to its acceptance. Said Final Payment shall not,however, be a bar to any
claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY
may pursue with respect to such claims.
The payment of any billing will not constitute agreement as to the appropriateness of any item
and at the time of final audit,all required adjustments will be made and reflected in a final payment.
In the event that such final audit reveals an overpayment to the CONSULTANT,the
CONSULTANT will refund such overpayment to the AGENCY within thirty(30)days of notice of
the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims
relating to the validity of a finding by the AGENCY of overpayment.The CONSULTANT has
twenty(20)days after receipt of the final POST AUDIT to begin the appeal process to the
AGENCY for audit findings.
D. Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for
inspection by representatives of the AGENCY, STATE and the United States, for a period of three
(3)years after receipt of final payment,the cost records and accounts pertaining to this
AGREEMENT and all items related to or bearing upon these records with the following exception:
if any litigation,claim or audit arising out of,in connection with,or related to this contract is
initiated before the expiration of the three(3)year period,the cost records and accounts shall be
retained until such litigation,claim,or audit involving the records is completed.
KPG Exhibit E1
CONSULTANT FEE DETERMINATION
SUMMARY OF COST
City of Renton
Dowtown Circulation Project
Preliminary and Final Design
Direct Salary Direct Salary
Classification Cost Total Hours Total Cost
Senior Engineer QA/QC $72.00 63 $4,536.00
Project Manager $54.60 91 $4,968.60
Surevy Crew $48.46 128 $6,202.88
Project Engineer $47.96 245 $11,750.20
Design Engineer $42.31 171 $7,235.01
Design Engineer $36.06 150 $5,409.00
CAD Tech $31.25 132 $4,125.00
Clerical $25.00 32 $800.00
DSC Subtotal 1,012 $45,026.69
Overhead (OH) Cost (Include Salary Additives)
OH Rate x DSC of 131.49% $45,026.69 $59,205.59
Fixed Fee (FF)
FF Rate 30.00% $45,026.69 $13,508.01
DSC Total $117,740.29
Direct Reimbursables
Mileage $470.00
Reproduction $4,050.00
Widener $24,858.40
Potholing $1,200.00
Traffic Counts $500.00
Reimbursable Total $31,078.40
Total Agreement Amount $ 148,818.69
Management Reserve (MR) $ -
Total Agreement Amount with MR $ 148,818.69
City of Renton Date:7/10/14
`%NWO
Exhibit E-1
FEE SUMMARY K P G
♦ Architecture
Landscape Architecture
Project: City of Renton ♦ Civil Engineering
Downtown Circulation Project
Preliminary Design
9/8/2014
Description Estimated Fee
Work Element 1 -Project Management/Coordination/Administration $11,868.94
Work Element 2-Survey and Base Mapping $26,699.62
Work Element 3-Environmental Documentation $26,530.80
Work Element 4-Traffic Analysis $10,477.31
Work Element 5-WSDOT Coordination/Chan/Project Analysis $28,437.29
Work Element 6-Preliminary Design(30%) $41,804.74
Total Estimated Fee $145,818.69
City of Renton
Downtown Circulation Project-Phase I
Preliminary Engineering 4 KPG
Hour and Fee Estimate 9/8/14
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HOUR AND FEE ESTIMATE
Exhibit E-1 K
Project: City of Renton r«—
Downtown Circulation Project • Architecture
I.�ndooupe Architecture
Preliminary Design • Civiler,ain—mg
9/8/2014
Reimbursable Breakdown
Work Element 1-Project Management/Coordination/Administration
Mileage(est.480 miles x 0.565 centstmile) $ 270.00
Reproduction
Task 1-Total $ 270.00
Work Element 2-Survey and Base Mapping
Mileage(est.180 miles x 0.565 cents/mile) $ 100.00
Reproduction $
Potholing(4 @$300 each) $ 1,200.00
Task 2-Total $ 1,300.00
Work Element 3-Environmental Documentation
Mileage $
Reproduction $ 250.00
Widener $ 24,858.40
Task 4-Total $ 25108.40
Work Element 4-Traffic Analysis
Mileage $
Reproduction $
Traffic Counts $ 500.00
Task 5-Total $ 500.00
Work Element 5-WSDOT Coordination/ChanlProject Analysis
Mileage(est.200 miles x 0.565 cents/mile) $ 100.00
Reproduction(Mylars(W$300/Set and 5x12 Size Plans-$50/per set) $ 550.00
Task 6-Total $ 650.00
Work Element 6-Preliminary Design(309/6)
Mileage $
Reproduction $ 250.00
$ 250.00
TOTAL REIMBURSABLE& S 28 078.40
City of Renton
Downtown Circulation Project-Phase I
Preliminary Engineering 3 KPG
Hour and Fee Estimate 9/8/14
''✓
Exhibit F
A•
0Washington State
F Department of Transportation Memorandum
May 13, 2014
TO: Stacie Kelsey, Local Programs
to
FROM: Martha Roach,Agreement Compliance Audit Manager
SUBJECT: KPG, Inc. Indirect Cost Rate for fiscal year end December 31, 2013.
We have completed our desk review of KPG,Inc. Indirect Cost Rate for the above
referenced fiscal year. The review was completed at the request of WSDOT Northwest
Region Local Programs. We reviewed the documentation supporting the rate for
compliance with criteria contained in the Federal Acquisition Regulations(FAR),
Subpart 31. Our review included a site visit to the firm.
Based on our review we are issuing this memo.establishing KPG, Inc. Indirect Cost Rate
for fiscal year ending December 31,2013, at 131.49%of direct labor(rate includes
0.14%Facilities Cost of Capital). KPG,Inc.provided a FHWA Certificate of Final
Indirect Costs indicating all costs included in the indirect cost rate schedule are in
compliance with Federal Acquisition Regulations(FAR), Subpart 31.
Costs billed to agreements will still be subject to audit of actual costs,based on the terms
and conditions of the respective agreement.
This was not a cognizant review. Any other entity contracting with the firm is
responsible for determining the acceptability of the Indirect Cost Rate.
If you have any questions,feel free to call me at(360)705-7006 or via email at
roachmata'7.wsdot.wa.gov.
Cc: Steve McKerney I
File
OOT Faro 700-008 EF
Rsvksd SAD
Certification of Final Indirect Costs
Firm Name:KPl3,Inc.
Indirect Cost Rate Proposal:131.49 676
Date of Proposal Preparation(mmldd/yyyy):03111/2014
Fiscal Period Covered(mmldd/yyyy to mm/dd/yyyy):01/01/13 to 1213112013
1, the undersigned, certify that l have reviewed the proposal to establish final indirect cost rates
for the fiscal period as specified above and to the best of my knowledge and belief.,
1.)All costs included in this proposal to establish final indirect cost rates are allowable in
accordance with the cost principles of the Federal Acquisition Regulations(FAR)of title 48,
Code of Federal Regulations(CFR),part 31.
2.) This proposal does not include any costs which are expressly unallowable under the cost
principles of the FAR of 48 CFR 31.
All known material transactions or events that have occurred affecting the firm's ownership,
organization and indirect cost rates have been disclosed.
t
Signature:
Name of Certifying Official'(Print):Nelson Davis
Title: President
Date of Certification(mm/dd/yyyy):05/12/2014
"The"Certifying Official'must be an individual executive or financial officer of the firm at a level
no lower than a Vice President or Chief Financial Officer,or equivalent,who has the authority to
represent the financial information utilized to establish the indirect cost rate for use under Agency
contracts.
Ref.FHWA Directive 4470.1A available on line at:
htto://www.fhwa.dol.aov/leasreasidirectives/orders/44701 a.him
O/H Certification;Nov 2010
NNNOW N40100
KPG,Inc.
Indirect Cost Rate Schedule
For the Year Ended December 31,2013
Financial
Statement Accepted
Description Amount KPGAdj. WSDOTAdj. Ref. Amount %
Direct Labor $2,995,989 $11,000 A $3,006,989 100.00%
Indirect Costs:
Fringe Benefits
Vacation Pay $280,666 $1,719 B $282,384 9.39%
Sick Pay 118,058 191 C 118,249 3.93%
Holiday Pay 177,603 534 D 178,137 5.92%
Payroll Taxes 450,022 450,022 14.97%
Health Insurance 280,484 280,484 9.33%
Workers Comp.Insurance 9,344 9,344 0.31%
Profit Sharing(401-k) 28,606 28,606 0.95%
Bonus 175,050 ($175,050) O 0 0.00%
Commuter Passes 3,930 3,930 0.13%
Total Fringe Benefits $1,523,765 $2,443 ($175,050) $1,351,157 44.93%
General Overhead
Indirect labor $986,393 $28,770 E $1,015,163 33.76%
Bid&Proposal Labor 302,427 302,427 10.06%
Business licenses 2,017 2,017 0.07%
Life Insurance(Key Person) 18,593 (18,593) F (0) 0.00%
Disability Income Protection 53,620 53,620 1.78%
Auto Allowances 46,981 ($46,981) P 0 0.00%
Professional Development 17,690 (708) Q 16,982 0.56%
Professional Registrations 5,425 (355) R 5,070 0.17%
Employee Welfare 38,888 (21,429) (3,837) G,S 13,623 0.45%
Recruitment 832 (832) H 0 0.00%
Outside Temp Services 2,052 2,052 0,07%
Payroll Services 2,741 2,741 0.09%
Rent 547,488 (331,471) 1 216,017 718%
Utilities 37,005 37,005 123%
Janitor 28,990 28,990 0.96%
Repairs&Maintenance 70,173 70,173 2.33%
IT Repairs&Maintenance 4,790 4,790 0.16%
I easc Fxpense 564 564 0,02%
Office Supplies 93,852 (2,948) T 90,904 3.02%
Copier&Plotter Supplies 13,660 13,660 OAS%
IT Computer Supplies 13,962 13,962 0.46%
Printing&Reproduction (1,842) (1,842) -0.06%
Publications 2,404 2,404 0.08%
Memberships&Organizations 13,465 (3,160) U 10,305 0.34%
Accounting&Legal 10,896 (9,125) J 1,771 0.06%
Bank Charge 1,004 1,004 0.03%
Late Charges 36 (36) K (0) 0.00%
Telecommunications 112,323 112,323 3.74%
Postage&Delivery 4,330 4,330 0.14%
IT Lem F-Veense to0,892 100,892 3-36%
Auto Maintenance&Registration 27,410 (27,410) V (0) 0.00%
Parking&Tolls 12,878 12,878 0.43%
Travel 10,518 (1,145) W 9,372 0.31%
Meals 43,194 (43,194) X 0 0.00%
Business Insurance 87,151 87,151 2.90%
Interest 11,468 (11,468) Y 0 0,00%
BusinessTazes 231,073 231,073 7.680%
Marketing R Iaroduction 232 (232) L 0 0.00%
Wabsile Development&Maintenance 1,900 1,900 0.06%
Business Entertainment 3,303 (3,303) M 0 0.000%
Conferences 15,774 (600) L 15,174 0.501%
Marketing Travel 1,114 (1,114) L 0 0,009A
Marketing Meals 8,084 (8,084) L 0 0.00%
Political Contributions/Public Relations 6,000 (6,000) I, 0 0.00'k
Charitable Donations 4,994 (4,994) N 0 0.000/0
NNOP
KPG,Inc.
Indirect Cost Rate Schedule
For the Year Ended December 31,2013
Financial
Statement Accepted
Description Amount KPG Adj, WSDOT Adj. Ref. Amount %
Depreciation 120,171 120,171 4.00%
Total General Overhead $3,116,912 ($376,441) ($141,806) $2,598,665 86.42%
Total Indirect Costs&Overhead $4,640,677 ($373,998) ($316,856) $3,949,822 131,35%
Indirect Cost Rate(Less FCC) 154.90% 141,89% 131.35%
Facilities Cost of Capital $4,130 $4,130 0.14%
$4,644,807 ($373,998) ($316,856) $3,953,952
Indirect Cost Rate(lociudes FCC) 131.49%
KPG,Inc.-Reviewed and Accepted BS 5/13/2014
"Indirect Cost Rate still subject to WSDOT Audit"
,%Wr- Sft*#
Exhibit G
Subcontracted Work
The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT:
Frivironmental - Widener and Asgocintes
DOT Form 140-089 EF Exhibit G
Revised 6/05
Exhibit G r.r/
SCOPE OF WORK
Task 1 - Executive Order(EO) 05-05
EO 05-05 requires all state agencies with capital improvement projects consult with the
Department of Archaeology and Historic Preservation(DAHP) and concerned tribes. Its
purpose is to ensure state agencies take lead in protecting and preserving the rich history
of Washington State. Consultations under 05-05 will involve completing the following
tasks.
Deliverables:
1. Identification of the project's area of potential impacts (API). The API shall be
mapped and include all areas proposed for ground disturbance, including staging
areas.
2. Preparation of the EZ1 form
3. Submit the EZ 1 form to DAHP.
Task 2 SEPA Checklist
The Consultant shall complete appropriate SEPA documentation including all needed
studies, modeling, and analysis in accordance with State Environmental Policy Act
(RCW 43.21 C) and SEPA Rules (WAC 197-11). The Consultant will coordinate with
the City of Renton Planning Department to address comments on the SEPA Checklist and
provide support for the SEPA process. The City presently anticipates a SEPA Mitigated
Determination of Non Significance.
Deliverables:
1. One electronic and one hard copy of the draft SEPA Checklist will be provided.
2. One electronic and one hard copy of the final SEPA Checklist documentation will
be provided incorporating City comments.
Task 3- Shoreline Permit
Widener will assemble and organizing all necessary environmental permit applications to
a standard acceptable by the permitting agencies for the project. Permit applications shall
include all requested information, such as application forms, all necessary permit
drawings, an attachment describing project location, project purpose and need,
alternatives considered, and a summary of project impacts. The Consultant Widener shall
also provide a draft transmittal letter for submittal of the application by the CITY. Draft
applications, including supporting information, shall be submitted to the CITY for review
and comment. Revised permit applications shall be provided to the CITY for signature
and submittal to permitting agencies. The Consultant shall perform the necessary
coordination to obtain the permits.
Deliverable(s)
1. One electronic and one hard copy of the draft Shoreline Application will be
provided.
2. One electronic and one hard copy of the final Shoreline Application
documentation will be provided incorporating City comments.
Scope of Work for Environmental Services for 11 P a g e
Downtown Renton
WIDENER&ASSOCIATES
July 2014
*rr.✓ Exhibit G-1
Downtown Circulation Project
Cost Estimate
Project Project
Manager Biologist
Hours Hours
0505 Cultural Resources
Data Collection 2 8
Draft Report 4 24
Final Report 6 8
Task 2 SEPA Checklist
Draft 4 43
Final 9 15
Shoreline Permit
Draft 24 60
Final 12 30
Total hours 61 188
Summary Hours Rate* Cost
Project Manager 61 $140.00 $8,540.00
Project Biologist 188 $86.80 $16,318.40
Total Labor $24,858.40
TOTAL ESTIMATED COST $24,858.40
Exhibit H
Title VI Assurances
During the performance of this AGREEMENT,the CONSULTANT,for itself, its assignees,and successors in
interest agrees as follows:
1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non-
discrimination in federally assisted programs of the AGENCY,Title 49,Code of Federal Regulations,Part
21,as they may be amended from time to time(hereinafter referred to as the"REGULATIONS"), which
are herein incorporated by reference and made a part of this AGREEMENT.
2. Non-discrimination: The CONSULTANT,with regard to the work performed during the
AGREEMENT, shall not discriminate on the grounds of race, color, sex,or national origin in the selection
and retention of sub-consultants, including procurement of materials and leases of equipment.The
CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by
Section 21.5 of the REGULATIONS, including employment practices when the AGREEMENT covers a
program set forth in Appendix B of the REGULATIONS.
3. Solicitations for Sub-consultants,Including Procurement of Materials and Equipment: In all solicitations
either by competitive bidding or negotiations made by the CONSULTANT for work to be performed
under a sub-contract, including procurement of materials or leases of equipment,each potential sub-
consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under
this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color,
sex,or national origin.
4. Information and Reports: The CONSULTANT shall provide all information and reports required by the
REGULATIONS or directives issued pursuant thereto,and shall permit access to its books,records,
accounts,other sources of information, and its facilities as may be determined by AGENCY, STATE or
the Federal Highway Administration(FHWA)to be pertinent to ascertain compliance with such
REGULATIONS,orders and instructions. Where any information required of a CONSULTANT is in the
exclusive possession of another who fails or refuses to furnish this information,the CONSULTANT shall
so certify to the AGENCY, STATE or the FHWA as appropriate,and shall set forth what efforts it has
made to obtain the information.
5. Sanctions for Non-compliance: In the event of the CONSULTANT'S non-compliance with the non-
discrimination provisions of this AGREEMENT,the AGENCY shall impose such AGREEMENT
sanctions as it,the STATE or the FHWA may determine to be appropriate, including, but not limited to:
• Withholding of payments to the CONSULTANT under the AGREEMENT until the
CONSULTANT complies,and/or;
• Cancellation,termination,or suspension of the AGREEMENT,in whole or in part
DOT Form 140-089 EF Exhibit H
Revised 6/05
6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs(1)through
(5) in every sub-contract, including procurement of materials and leases of equipment,unless exempt by
the REGULATIONS,or directives issued pursuant thereto. The CONSULTANT shall take such action
with respect to any sub-consultant or procurement as the AGENCY, STATE or FHWA may direct as a
means of enforcing such provisions including sanctions for non-compliance.
Provided,however,that in the event a CONSULTANT becomes involved in,or is threatened with,
litigation with a sub-consultant or supplier as a result of such direction,the CONSULTANT may request
the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the
STATE and,in addition,the CONSULTANT may request the United States enter into such litigation to
protect the interests of the United States.
.,,,,,w sftwe
Exhibit I
Payment Upon Termination of Agreement
By the Agency Other Than for
Fault of the Consultant
(Refer to Agreement, Section IX)
Lump Sum Contracts
A final payment shall be made to the CONSULTANT which when added to any payments previously made shall
total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the
total work required for the PROJECT. In addition,the CONSULTANT shall be paid for any authorized extra
work completed.
Cost Plus Fixed Fee Contracts
A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall
total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is
to the total work required for the Project. In addition,the CONSULTANT shall be paid for any authorized extra
work completed.
Specific Rates of Pay Contracts
A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this
AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT.
Cost Per Unit of Work Contracts
A final payment shall be made to the CONSULTANT for actual units of work completed at the time of
termination of this AGREEMENT.
DOT Forth 140-089 EF Exhibit I
Revised 6/05
Exhibit J
Alleged Consultant Design Error Procedures
The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a
nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution
and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage
due to the alleged error by the consultant.
Step 1 —Potential Consultant Design Error(s) is Identified by Agency's Project Manager
At the first indication of potential consultant design error(s),the first step in the process is for the Agency's
project manager to notify the Director of Public Works or Agency Engineer regarding the potential
design error(s). For federally funded projects,the Region Highways and Local Programs Engineer
should be informed and involved in these procedures.(Note: The Director of Public Works or Agency
Engineer may appoint an agency staff person other than the project manager,who has not been as
directly involved in the project,to be responsible for the remaining steps in these procedures.)
Step 2- Project Manager Documents the Alleged Consultant Design Error(s)
After discussion of the alleged design error(s)and the magnitude of the alleged error(s),and with the
Director of Public Works or Agency Engineer's concurrence,the project manager obtains more detailed
documentation than is normally required on the project. Examples include: all decisions and
descriptions of work;photographs,records of labor,materials and equipment.
Step 3—Contact the Consultant Regarding the Alleged Design Error(s)
If it is determined that there is a need to proceed further,the next step in the process is for the project
manager to contact the consultant regarding the alleged design error(s)and the magnitude of the alleged
error(s).The project manager and other appropriate agency staff should represent the agency and the
consultant should be represented by their project manger and any personnel(including sub-consultants)
deemed appropriate for the alleged design error(s)issue.
Step 4—Attempt to Resolve Alleged Design Error with Consultant
After the meeting(s)with the consultant have been completed regarding the consultant's alleged design
error(s),there are three possible scenarios:
• It is determined via mutual agreement that there is not a consultant design error(s). If
this is the case,then the process will not proceed beyond this point.
• It is determined via mutual agreement that a consultant design error(s)occurred. If this
is the case,then the Director of Public Works or Agency Engineer,or their
representatives, negotiate a settlement with the consultant.The settlement would be
paid to the agency or the amount would be reduced from the consultant's agreement
with the agency for the services on the project in which
the design error took place.The agency is to provide H&LP,through the Region
DOT Form 140-089 EF Exhibit J
Revised 6/05
Iftw o`
Local Programs Engineer, a summary of the settlement for review and to make
adjustments, if any,as to how the settlement affects federal reimbursements.No
further action is required.
• There is not a mutual agreement regarding the alleged consultant design error(s). The
consultant may request that the alleged design error(s)issue be forwarded to
the Director of Public Works or Agency Engineer for review. If the Director of
Public Works or Agency Engineer,after review with their legal counsel, is not able
to reach mutual agreement with the consultant,proceed to Step 5.
Step 5 —Forward Documents to Highways and Local Programs
For federally funded projects all available information, including costs, should be forwarded through the
Region Highways and Local Programs Engineer to H&LP for their review and consultation with
the FHWA. H&LP will meet with representatives of the agency and the consultant to review the
alleged design error(s),and attempt to find a resolution to the issue. If necessary, H&LP will
request assistance from the Attorney General's Office for legal interpretation. H&LP will also
identify how the alleged error(s)affects eligibility of project costs for federal reimbursement.
• if mutual agreement is reached,the agency and consultant adjust the scope of work
and costs to reflect the agreed upon resolution.H&LP, in consultation with FHWA,
will identify the amount of federal participation in the agreed upon
resolution of the issue.
• If mutual agreement is not reached,the agency and consultant may seek settlement
by arbitration or by litigation.
Exhibit K
Consultant Claim Procedures
The purpose of this exhibit is to describe a procedure regarding claim(s)on a consultant agreement. The following
procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s)are a total
of$1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the
Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s)
that total $1,000 or less.
This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential
claim by the consultant.
Step 1 —Consultant Files a Claim with the Agency Project Manager
If the consultant determines that they were requested to perform additional services that were outside of the
agreement's scope of work,they may be entitled to a claim. The first step that must be completed is the
request for consideration of the claim to the Agency's project manager.
The consultant's claim must outline the following:
• Summation of hours by classification for each firm that is included in the claim;
• Any correspondence that directed the consultant to perform the additional work;
• Timeframe of the additional work that was outside of the project scope;
• Summary of direct labor dollars,overhead costs, profit and reimbursable costs associated with
the additional work;and
• Explanation as to why the consultant believes the additional work was outside of the
agreement scope of work.
Step 2—Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation
After the consultant has completed step 1,the next step in the process is to forward the request to the
Agency's project manager. The project manager will review the consultant's claim and will met with
the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If
the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the
Agency's recommendation for federal participation in the claim to the WSDOT Highways and Local
Programs through the Region Local Programs Engineer. If the claim is not eligible for federal
participation,payment will need to be from agency funds.
If the Agency project manager,Director of Public Works or Agency Engineer, WSDOT Highways and
Local Programs(if applicable),and FHWA(if applicable)agree with the consultant's claim,send a
request memo, including backup documentation to the consultant to either supplement the agreement,
or create a new agreement for the claim.After the request has been approved,the Agency shall write
the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the
consultant that the final payment for the agreement is subject to audit.No further action in needed
regarding the claim procedures.
DOT Forth 140-089 EF Exhibit K
Revised 6105
If the Agency does not ItWe with the consultant's claim,proceed to slp 3 of the procedures.
Step 3 —Preparation of Support Documentation Regarding Consultant's Claim(s)
If the Agency does not agree with the consultant's claim,the project manager shall prepare a summary
for the Director of Public Works or Agency Engineer that included the following:
• Copy of information supplied by the consultant regarding the claim;
• Agency's summation of hours by classification for each firm that should be included in the
claim;
• Any correspondence that directed the consultant to perform the additional work;
• Agency's summary of direct labor dollars,overhead costs, profit and reimbursable costs
associated with the additional work;
• Explanation regarding those areas in which the Agency does/does not agree with the
consultant's claim(s);
• Explanation to describe what has been instituted to preclude future consultant claim(s);and
• Recommendations to resolve the claim.
Step 4—Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency
Documentation
The Director of Pubic Works or Agency Engineer shall review and administratively approve or
disapprove the claim,or portions thereof, which may include getting Agency Council or
Commission approval(as appropriate to agency dispute resolution procedures). If the project
involves federal participation,obtain concurrence from WSDOT Highways and Local Programs
and FHWA regarding final settlement of the claim. If the claim is not eligible for federal
participation,payment will need to be from agency funds.
Step 5—Informing Consultant of Decision Regarding the Claim
The Director of Public Works or Agency Engineer shall notify(in writing)the consultant of their final
decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim
(s)and rationale utilized for the decision.
Step 6—Preparation of Supplement or New Agreement for the Consultant's Claim(s)
The agency shall write the supplement and/or new agreement and pay the consultant the amount of the
claim. Inform the consultant that the final payment for the agreement is subject to audit.
Exhibit M-1(a)
Certification Of Consultant
Project No.
Local Agency
1 hereby certify that I am Jason Fritzler,Manager and duly authorized
representative of the firm of KPG,Inc whose address is
753 9th Ave N, Seattle WA,98109 and that neither I nor the above
firm I here represent has:
(a) Employed or retained for a commission,percentage, brokerage, contingent fee, or other
consideration,any firm or person(other than a bona fide employee working solely for me or the
above CONSULTANT)to solicit or secure the AGREEMENT;
(b) Agreed,as an express or implied condition for obtaining this contract,to employ or retain the
services of any firm or person in connection with carrying out this AGREEMENT; or
(c) Paid,or agreed to pay,to any firm,organization or person(other than a bona fide employee
working solely for me or the above CONSULTANT)any fee,contribution,donation, or
consideration of any kind for,or in connection with,procuring or carrying out this AGREEMENT;
except as hereby expressly stated(if any);
I acknowledge that this certificate is to be available to the Washington State Department of
Transportation and the Federal Highway Administration,U.S. Department of Transportation in
connection with this AGREEMENT involving participation of Federal-aid highw trtt ,an is
subject to applic, a Sta a and Federal laws,both criminal and civil.
Date Signature
DOT Form 140-089 EF Exhibit M-1(a)
Revised 6/05
Exhibit M-1(b)
Certification Of Agency Official
I hereby certify that I am the AGENCY Official of the Local Agency of City of Renton ,
Washington,and that the consulting firm or its representative has not been required,directly or indirectly as an
express or implied condition in connection with obtaining or carrying out this AGREEMENT to:
(a) Employ or retain,or agree to employ to retain, any firm or person; or
(b) Pay,or agree to pay,to any firm,person, or organization, any fee,contribution,donation,or
consideration of any kind; except as hereby expressly stated(if any):
I acknowledge that this certificate is to be available to the Washington State Department of
Transportation and the Federal Highway Administration, U.S. Department of Transportation, in
connection with this AGREEMENT involving participation of Federal-aid highway funds,and is
subject to applicable State and Federal laws,both criminal and civil.
I
ate Signature
DOT Form 140-089 EF Exhibit M-1(b)
Revised 6/05
..� 'r.✓
Exhibit M-2
Certification Regarding Debarment, Suspension, and Other Responsibility
Matters-Primary Covered Transactions
1. The prospective primary participant certifies to the best of its knowledge and belief,that it and its
principals:
A. Are not presently debarred, suspended, proposed for debarment,declared ineligible,or
voluntarily excluded from covered transactions by any federal department or agency;
B. Have not within a three-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission or fraud or a criminal offense in connection with
obtaining,attempting to obtain,or performing a public(federal, state,or local)transaction or
contract under a public transaction;violation of federal or state antitrust statues or commission of
embezzlement,theft,forgery, bribery, falsification or destruction of records,making false
statements,or receiving stolen property;
C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity(federal,state, or local)with commission of any of the offenses enumerated in paragraph(1)
(B).of this certification; and
D. Have not within a three(3)year period preceding this application/proposal had one or more
public transactions(federal, state,or local)terminated for cause or default.
II. Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Consultant(Firm): KPG, Inc
1�
(Date) (Sign resident or Authorized Official of Consultant
DOT Form 140-089 EF Exhibit M-2
Revised 6105
Exhibit M-3
Certification Regarding The Restrictions
of The use of Federal Funds for Lobbying
The prospective participant certifies,by signing and submitting this bid or proposal,to the best of his or her
knowledge and belief,that:
1.No federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to
any person for influencing or attempting to influence an officer or employee of any Federal
agency, a member of Congress,an officer or employee of Congress,or an employee of a member
of Congress in connection with the awarding of any Federal contract,the making of any Federal
grant,the making of any Federal loan,the entering into of any cooperative agreement,and the
extension,continuation,renewal,amendment,or modification of any Federal contract,grant, loan,
or cooperative agreement.
2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any Federal agency,a member of
Congress,an officer or employee of Congress,or an employee of a member of Congress in
connection with this Federal contract,grant, loan,or cooperative agreement,the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352,Title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and
not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall
require that the language of this certification be included in all lower tier subcontracts which
exceed$100,000 and that all such subrecipients shall certify and disclose accordingly.
Consultant(Firm): KPG,Inc
y
(Date) ( i na ureident or Authorized Official of Consultant
DOT Form 140-089 EF Exhibit M-3
Revised 6/05
"�.. `ten,
Exhibit M-4
Certificate of Current Cost or Pricing Data
This is to certify that,to the best of my knowledge and belief,the cost or pricing data(as defined in
section 15.401 of the Federal Acquisition Regulation(FAR)and required under FAR subsection 15.403-4)
submitted,either actually or by specific identification i ing,to the contracting officer or to t
contracting officer's representative in support of U r
are accurate,complete, and current as of **.This certification includes
the cost or pricing data supporting any advance agreements and forward pricing rate agreements between
the offeror and the Government that are part of the proposal.
Firm KPG, Inc
Name Jason Fritzler
Title Manager
Date of Execution***
* Identify the proposal,quotation,request for price adjustment,or other submission involved,
giving the appropriate identifying number(e.g., RFP No.).
** Insert the day,month,and year when price negotiations were concluded and price agreement
was reached.
*** Insert the day, month,and year of signing,which should be as close as practicable to the date
when the price negotiations were concluded and the contract price was agreed to.
DOT Form 140-089 EF Exhibit M4
Revised 6105