HomeMy WebLinkAboutCAG2021-192 - Original - KBA, Inc. - S. 212th Street Preservation - 04/13/2021ApprovalOriginator:Department:
Date Sent:Date Required:
Authorized to Sign:
Director or Designee Mayor
Date of Council Approval:
Grant? Yes No
Type:Review/Signatures/RoutingDate Received by City Attorney:
Comments:
Date Routed to the Mayor’s Office:
Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category:
Vendor Number:Sub-Category:
Project Name:
Project Details:
Agreement Amount:
Start Date:
Basis for Selection of Contractor:
Termination Date:
Local Business? Yes No*
Business License Verification: Yes In-Process Exempt (KCC 5.01.045)
If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace.
Notice required prior to disclosure?
Yes No
Contract Number:
Agreement Routing Form
For Approvals, Signatures and Records Management
This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms.
(Print on pink or cherry colored paper)
Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20
Budget Account Number:
Budget? Yes No
Dir Asst:
Sup/Mgr:
Dir/Dep:
rev. 200821
FOR CITY OF KENT OFFICIAL USE ONLY
(Optional)
* Memo to Mayor must be attached
CAG2021-192
DATE: April 6, 2021
TO: Kent City Council
SUBJECT: Consultant Services Agreement with KBA, Inc. for the
South 212th Street Preservation Project - Authorize
MOTION: Authorize the Mayor to sign a Consultant Services Agreement
with KBA, Inc. for contract administration, management, quality control,
and inspection in an amount not to exceed $198,800 for the South 212th
Street Preservation Project - 72nd Avenue South to 84th Avenue South,
subject to final terms and conditions acceptable to the City Attorney and
Public Works Director.
SUMMARY: The South 212th Street Preservation project is located on South 212th
Street from 72nd Avenue South to 84th Avenue South (East Valley Highway). This is
a federally funded project that will provide new paving, channelization, and curb
ramps.
This consultant services agreement is needed to provide a resident engineer,
inspector, and contract administrator to perform contract administration,
construction management, quality control, and inspection on this federally funded
project. Using WSDOT’s consultant selection process for federal projects the City
selected KBA, Inc. to provide this resident engineer, inspector, and contract
administrator in addition to a subconsultant to provide quality control. KBA is a firm
based in Bellevue, Washington that specializes in providing construction
management and contract administration on federally funded capital improvement
projects for local municipalities throughout the Puget Sound region.
BUDGET IMPACT: The project will be paid for using a Puget Sound Regional
Council Grant, and Business and Occupation Funds.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
ATTACHMENTS:
1. KBA - 212th St Preservation (PDF)
03/23/21 Committee of the Whole RECOMMENDED TO
COUNCIL BY CONSENSUS
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS
Next: 4/6/2021 7:00 PM
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 1 of 14
Local Agency A&E Professional Services
Negotiated Hourly Rate Consultant Agreement
Agreement Number:
Firm/Organization Legal Name (do not use dba’s):
Address Federal Aid Number
UBI Number Federal TIN
Execution Date Completion Date
1099 Form Required
Yes No
Federal Participation
Yes No
Project Title
Description of Work
Yes No DBE Participation
Yes No MBE Participation
Yes No WBE Participation
Yes No SBE Participation
Maximum Amount Payable:
Index of Exhibits
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit H
Exhibit I
Exhibit J
Scope of Work
DBE Participation N/A
Preparation and Delivery of Electronic Engineering and Other Data
Prime Consultant Cost Computations
Sub-consultant Cost Computations N/A
Title VI Assurances
Certification Documents
Liability Insurance Increase N/A
Alleged Consultant Design Error Procedures N/A
Consultant Claim Procedures
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 2 of 14
THIS AGREEMENT, made and entered into as shown in the “Execution Date” box on page one (1) of this
AGREEMENT, between the _________________________________________________________________,
hereinafter called the “AGENCY,” and the “Firm / Organization Name” referenced on page one (1) of this
AGREEMENT, hereinafter called the “CONSULTANT.”
WHEREAS, the AGENCY desires to accomplish the work referenced in “Description of Work” on page one (1)
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
WHEREAS, the CONSULTANT represents that they comply 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 SERVICES as herein defined, and
necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services,
labor, and related equipment and, if applicable, sub-consultants and subcontractors necessary to conduct and
complete the SERVICES as designated elsewhere in this AGREEMENT.
II.General Scope of Work
The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit “A”
attached hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was
developed 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 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 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 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 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 shall be interpreted and construed in accordance with the laws of the
State of Washington.
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 3 of 14
Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required,
per 49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the
commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will
be shown on Exhibit “B” attached hereto and by this reference made part of this AGREEMENT. If the Prime
CONSULTANT is, a DBE certified firm they must comply with the Commercial Useful Function (CUF)
regulation outlined in the AGENCY’s “DBE Program Participation Plan” and perform a minimum of 30% of the
total amount of 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.
In the absence of a mandatory UDBE, the Consultant shall continue their outreach efforts to provide SBE
firms maximum practicable opportunities.
The CONSULTANT, on a monthly basis, shall enter the amounts paid to all firms (including Prime) involved
with this AGREEMENT into the wsdot.diversitycompliance.com program. Payment information shall
identify any DBE Participation. Non-minority, woman owned DBEs does not count towards UDBE goal
attainment.
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 –
Preparation and Delivery of Electronic Engineering and other Data.”
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
these SERVICES, 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 SERVICE, shall be
without liability or legal exposure to the CONSULTANT.
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:
If to AGENCY: If to CONSULTANT:
Name: Name:
Agency: Agency:
Address: Address:
City: Zip: City: State: Zip:
Email: Email:
Phone: Phone:
Facsimile:Facsimile:
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 conform to the criteria agreed upon detailed in the
AGREEMENT documents. These SERVICES must 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 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, 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.
Eric Connor
WA 98032
City of Kent
220 4th Avenue S.
Kent State:
EConnor@KentWA.gov
(253) 856-5533
(253) 856-6500
SamSchuyler
KBA, Inc.
11201 SE 8th Street, Suite 160
Bellevue WA 98004
sschuyler@kbacm.com
(425) 555-9720
(425) 455-9732
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 4 of 14
V. Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this
AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or
SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete
SERVICES. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov).
A.Hourly Rates: Hourly rates are comprised of the following elements - Direct (Raw) Labor, Indirect Cost Rate,
and Fee (Profit). The CONSULTANT shall be paid by the AGENCY for work done, based upon the
negotiated hourly rates shown in Exhibits “D” and “E” attached hereto and by reference made part of this
AGREEMENT. These negotiated hourly rates will be accepted based on a review of the CONSULTANT’s
direct labor rates and indirect cost rate computations and agreed upon fee. The accepted negotiated rates
shall be memorialized in a final written acknowledgment between the parties. Such final written
acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. The initially accepted
negotiated rates shall be applicable from the approval date, as memorialized in a final written
acknowledgment, to 180 days following the CONSULTANT’s fiscal year end (FYE) date.
The direct (raw) labor rates and classifications, as shown on Exhibits “D” and “E” shall be subject to
renegotiations for each subsequent twelve (12) month period (180 days following FYE date to 180 days
following FYE date) upon written request of the CONSULTANT or the AGENCY. The written request must
be made to the other party within ninety (90) days following the CONSULTANT’s FYE date. If no such
written request is made, the current direct (raw) labor rates and classifications as shown on Exhibits “D” and
“E” will remain in effect for the twelve (12) month period.
Conversely, if a timely request is made in the manner set forth above, the parties will commence negotiations
to determine the new direct (raw) labor rates and classifications that will be applicable for the twelve (12
month period. Any agreed to renegotiated rates shall be memorialized in a final written acknowledgment
between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this
AGREEMENT. If requested, the CONSULTANT shall provide current payroll register and classifications to
aid in negotiations. If the parties cannot reach an agreement on the direct (raw) labor rates and classifications,
the AGENCY shall perform an audit of the CONSULTANT’s books and records to determine the
CONSULTANT’s actual costs. The audit findings will establish the direct (raw) labor rates and
classifications that will applicable for the twelve (12) month period.
The fee as identified in Exhibits “D” and “E” shall represent a value to be applied throughout the life of the
AGREEMENT.
The CONSULTANT shall submit annually to the AGENCY an updated indirect cost rate within 180 days of
the close of its fiscal year. An approved updated indirect cost rate shall be included in the current fiscal year
rate under this AGREEMENT, even if/when other components of the hourly rate are not renegotiated. These
rates will be applicable for the twelve (12) month period. At the AGENCY’s option, a provisional and/or
conditional indirect cost rate may be negotiated. This provisional or conditional indirect rate shall remain in
effect until the updated indirect cost rate is completed and approved. Indirect cost rate costs incurred during
the provisional or conditional period will not be adjusted. The CONSULTANT may request an extension of
the last approved indirect cost rate for the twelve (12) month period. These requests for provisional indirect
cost rate and/or extension will be considered on a case-by-case basis, and if granted, will be memorialized in
a final written acknowledgment.
The CONSULTANT shall maintain and have accessible support data for verification of the components of
the hourly rates, i.e., direct (raw) labor, indirect cost rate, and fee (profit) percentage. The
CONSULTANT shall bill each employee’s actual classification, and actual salary plus indirect cost rate plus
fee.
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 5 of 14
A.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 fees of sub-consultants. Air or train travel will be
reimbursed only to lowest price available, 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 WSDOT’s Accounting Manual M 13-82, Chapter 10 – Travel Rules and Procedures, and
all revisions thereto. Air, train, and rental card costs shall be reimbursed in accordance with 48 Code of
Federal Regulations (CFR) Part 31.205-46 “Travel Costs.” The billing for Direct Non-salary Costs shall
include an itemized listing of the charges directly identifiable with these SERVICES. The CONSULTANT
shall maintain the original supporting documents in their office. Copies of the original supporting documents
shall be supplied to the STATE upon request. All above charges must be necessary for the SERVICES
provided under this AGREEMENT.
B.Maximum Amount Payable: The Maximum Amount Payable by the AGENCY to the CONSULTANT under
this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one
(1.) The Maximum Amount Payable does not include payment for extra work as stipulated in section XIII,
“Extra Work.” No minimum amount payable is guaranteed under this AGREEMENT.
C.Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized
in A and B above. Detailed statements shall support the monthly billings for hours expended at the rates
established in Exhibit “D,” including names and classifications of all employees, and billings for all direct
non-salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT’s
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 SERVICES at the
time of the interview.
D.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 SERVICES 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) calendar 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. Per WSDOT’s “Audit Guide for Consultants,” Chapter 23 “Resolution
Procedures,” the CONSULTANT has twenty (20) working days after receipt of the final Post Audit to begin
the appeal process to the AGENCY for audit findings
E. Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for
inspection by representatives of the AGENCY and the United States, for a period of six (6) 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 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 be
performed by the State Auditor, WSDOT’s Internal Audit Office and /or at the request of the AGENCY’s
Project Manager.
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 6 of 14
VI.Sub-Contracting
The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit “A” attached hereto and
by this reference made part of this AGREEMENT.
The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT
without prior written permission of the AGENCY. No permission for subcontracting shall create, between the
AGENCY and sub-consultant, any contract or any other relationship.
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 fee costs for the sub-consultant shall
be negotiated and substantiated in accordance with section V “Payment Provisions” herein and shall be
memorialized in a final written acknowledgment 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 39.04.250 and RCW 39.76.011.
The CONSULTANT, sub-recipient, or sub-consultant shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the
CONSULTANT to carry out these requirements is a material breach of 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 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
this 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 third party as a consequence of any act or omission on the part of the CONSULTANT’s employees or other
persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole
obligation and responsibility of the CONSULTANT.
The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of 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 of 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 AGREEMENT for the CONSULTANT.
Agreement Number:
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 7 of 14
VIII. Nondiscrimination
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub-consultants,
subcontractors and successors in interest, agrees to comply with the following laws and regulations:
•Title VI of the Civil Rights Act of 1964
(42 U.S.C. Chapter 21 Subchapter V §
2000d through 2000d-4a)
•Federal-aid Highway Act of 1973 (23
U.S.C. Chapter 3 § 324)
•Rehabilitation Act of 1973
(29 U.S.C. Chapter 16 Subchapter V §
794)
•Age Discrimination Act of 1975 (42
U.S.C. Chapter 76 § 6101 et. seq.)
•Civil Rights Restoration Act of 1987 (Public Law
100-259)
•American with Disabilities Act of 1990 (42
U.S.C. Chapter 126 § 12101 et. seq.)
•23 CFR Part 200
•49 CFR Part 21
•49 CFR Part 26
• 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
“F” attached hereto and by this reference made part of this AGREEMENT, and shall include the attached
Exhibit “F” 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 with or without cause 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 for actual hours charged 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 be made for any SERVICES 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 in paragraph two
(2) of this section, 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.
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 to the actual costs incurred by the CONSULTANT in performing
SERVICES to the date of termination, the amount of SERVICES originally required which was satisfactorily
completed to date of termination, whether that SERVICE 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 SERVICES
required and the time which may be required to do so, and other factors which affect the value to the AGENCY
of the SERVICES 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 in paragraph two (2) of
this section.
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 its employee’s fault 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.
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 8 of 14
The CONSULTANT shall, 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 CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or
more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The
CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this
AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to
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 third paragraphs of this section.
Payment for any part of the SERVICES 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 SERVICES 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 completed work of this AGREEMENT as
necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY
find it desirable 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
be considered as Extra Work and will be paid for as herein provided under section XIII “Extra Work.”
XI.Disputes
Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within
10 days 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 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”. In the event that either 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 be 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.
XII.Legal Relations
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 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 their 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 agents, 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
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 9 of 14
to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold
harmless the STATE and the AGENCY and their officers and employees from claims, demands or suits based
solely upon the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the
AGENCY, their agents, officers, employees, sub-consultants, subcontractors or vendors, of any tie , or any other
persons for whom the STATE and /or the AGENCY may be legally liable; and provided further that if the claims
or suits are 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 whom 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 STATE 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 negligence of 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. This provision shall be included in any AGREEMENT between
CONSULTANT 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 equity arising in whole or in part from the
alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets,
patents, proprietary information, know-how, copyright rights or inventions by the CONSULTANT 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 of the 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 STATE and/or the AGENCY, their agents, officers and
employees pursuant to the AGREEMENT; provided that this indemnity shall not apply to any alleged patent or
copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary
information, know-how, copyright rights or inventions resulting from STATE and/or AGENCY’s, their agents’,
officers and employees’ failure to comply with specific written instructions regarding use provided to STATE
and/or AGENCY, their agents, officers and employees by the CONSULTANT, its agents, employees, sub-
consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be
legally 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 is a 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 CONSULTANT 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, Title 51 RCW. The Parties have mutually negotiated this waiver.
Unless otherwise specified in this 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 this AGREEMENT, or as otherwise
required, the following insurance with companies or through sources approved by the State Insurance
Commissioner pursuant to Title 48 RCW.
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 10 of 14
Insurance Coverage
A.Worker’s compensation and employer’s liability insurance as required by the STATE.
B.Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with
minimum limits of one million dollars ($1,000,000.00) per occurrence and two million dollars
($2,000,000.00) in the aggregate for each policy period.
C.Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage
for any “Auto” (Symbol 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
AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub-
consultant and/or subcontractor as an additional insured (the “AIs”), with no restrictions or limitations
concerning products and completed operations coverage. This coverage shall be primary coverage and non-
contributory and any coverage maintained by the AIs 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 all rights of subrogation against the AIs. The CONSULTANT shall
furnish the AGENCY with verification of insurance and endorsements required by this 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:
Name:
Agency:
Address:
City: State: Zip:
Email:
Phone:
Facsimile:
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, including that which may arise in reference to
section IX “Termination of Agreement” of this AGREEMENT, shall be limited to the accumulative amount of
the authorized AGREEMENT or one million dollars ($1,000,000.00), whichever is greater, unless the limit of
liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT’s professional
liability to third parties be limited in any way.
The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third
part, 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 fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action
as is available to it under other provisions of this AGREEMENT, or otherwise in law.
Eric Connor
City of Kent
220 4th Avenue S.
Kent WA 98032
EConnor@KentWA.gov
(253) 856-5533
(253) 856-6500
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 11 of 14
XIII.Extra Work
A.The AGENCY may at any time, by written order, make changes within the general scope of this
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 SERVICES under this AGREEMENT, whether or not changed by the order,
or otherwise affects any other terms and conditions of this 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 this 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 this AGREEMENT.
D.Failure to agree to any adjustment shall be a dispute under the section XI “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.
XIV.Endorsement of Plans
If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering
data furnished by them.
XV.Federal Review
The Federal Highway Administration shall have the right to participate in the review or examination of the
SERVICES in progress.
XVI.Certification of the Consultant and the Agency
Attached hereto as Exhibit “G-1(a and b)” are the Certifications of the CONSULTANT and the AGENCY,
Exhibit “G-2” Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary
Covered Transactions, Exhibit “G-3” Certification Regarding the Restrictions of the Use of Federal Funds for
Lobbying and Exhibit “G-4” Certificate of Current Cost or Pricing Data. Exhibit “G-3” is required only in
AGREEMENT’s over one hundred thousand dollars ($100,000.00) and Exhibit “G-4” is required only in
AGREEMENT’s over five hundred thousand dollars ($500,000.00.) These Exhibits must be executed by the
CONSULTANT, and submitted with 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.
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 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 a supplement to this AGREEMENT.
XVIII.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 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.
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 12 of 14
XIX.Protection of Confidential Information
The CONSULTANT acknowledges that some of the material and information that may come into its possession
or knowledge in connection with this AGREEMENT or its performance may consist of information that is
exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other
local, state, or federal statutes (“State’s Confidential Information”). The “State’s Confidential Information”
includes, but is not limited to, names, addresses, Social Security numbers, e-mail 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-publicly available data,
proprietary software, STATE and AGENCY security data, or information which may jeopardize any part of the
project that relates to any of 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 Information 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 this AGREEMENT,
and not to release, divulge, publish, transfer, sell, disclose, or otherwise make it known to any other party
without the AGENCY’s express written consent or as provided by law. The CONSULTANT agrees to release
such information or material only to employees, sub-consultants or subcontractors who have signed a
nondisclosure AGREEMENT, the terms of which have been previously approved by the AGENCY. The
CONSULTANT agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized
access to the State’s Confidential Information.
Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the
AGENCY’s 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 of the CONSULTANT to protect the State’s Confidential
Information.
As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following:
the State’s Confidential Information received in the performance of this AGREEMENT; the purpose(s) for
which the State’s Confidential Information was received; who received, maintained, and used the State’s
Confidential 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 AGREEMENT. The monitoring, auditing, or
investigating may include, but is not limited to, salting databases.
Violation of this section by the CONSULTANT 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 proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the
confidentiality of such information during the term of this AGREEMENT and afterwards. All materials
containing such proprietary and/or confidential information shall be clearly identified and marked as
“Confidential” and shall be returned to the disclosing party at the conclusion of the SERVICES under this
AGREEMENT.
Local Agency A&E Professional Services Agreement Number ____________
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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 commencement of the term of this AGREEMENT, or (b) as
soon as such confidential or proprietary material is developed. “Proprietary and/or confidential information” is
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 the parties by a third party that is not acting as an agent or representative 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 and/or confidential information” or
otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of 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 enjoining
disclosure, the 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 order or other judicial relief enjoining the AGENCY by the release date, 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 a period of not less than six (6)
years from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain, and
maintain all “documents” pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all
“documents” pertaining to the SERVICES provided hereunder shall be made available for review at the
CONSULTANT’s place of business during normal working hours. If any litigation, claim, or audit is
commenced, the CONSULTANT shall 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 purposes of this AGREEMENT, “documents” means every writing or record of every type and description,
including electronically stored information (“ESI”), that is in the possession, control, or custody of the
CONSULTANT, including, without limitation, any and all correspondences, contracts, AGREEMENTs,
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, tabulations,
computations, summaries, inventories, and writings regarding conferences, conversations or telephone
conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or description;
every copy of the foregoing whether or not the original is in the possession, custody, or control of the
CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an
original, or whether or not such copy contains any commentary or notation whatsoever that does not appear on
the original.
Local Agency A&E Professional Services Agreement Number ____________
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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 be retrieved and examined,
either directly or after translation into a reasonably useable form. ESI may include information and/or
documentation stored in various software programs such as Email, Outlook, Word, Excel, Access, Publisher,
PowerPoint, Adobe Acrobat, SQL databases, or any other software or electronic communication programs or
databases that the CONSULTANT may use in the performance of its operations. ESI may be located on network
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 files” are a subset of ESI and refer to the electronic format of the application in which such ESI is
normally 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 to its terms, unless expressly agreed to otherwise in
writing by the AGENCY prior to the execution of such subcontract.
In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the
“Execution Date” box on page one (1) of this AGREEMENT.
Signature Date
Signature Date
Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office
of the Attorney General.
KBA, Inc.
Dana Ralph, Mayor
City of Kent
04/13/2021
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
Exhibit A
Scope of Work
Project No. STPUL-1250(009)See attached.
KBA, lnc.February 23,2O2I
EXHIBIT
SCOPE OF SERVICES
For
The City of Kent
S 212th Sfreef Preseruation - 72nd Ave S to 84th Ave S (East Valley Highway)
KBA, lnc. (Consultant)will provide Construction Management (CM) services to the City of Kent, (Client)
for the project known as S 212h Sfreef Preservation - 72'd Ave S to 84th Ave S (East Valley Highway)
(Project). These services will include consultation, contract administration, field observation,
documentation, and material testing, as required during the construction of the Project, as detailed below.
Project Description: The project consists of planning 33,000 square yards of bituminous pavement,
paving 6,500 tons of HMA Cl y2' , PG 58V-22, reconstructing 12 curb ramps to ADA standards,
reconitructing 3 driveways, installing 75 vehicle detection loops, 275 square yards of sidewalk repairs,
26,000 feet oi temporary pavement markings,l 3,000 feet of permanent channelization, and other work, all
in accordance with the Contract Plans, Kent Special Provisions, and WSDOT Standard Specifications.
The Designer of Record on this Project is the City of Kent.
I. CONSTRUCTION MANAGEMENTSERVICES
A. Gonsultant Contract and Team Management: Provide overall dayto-day management of the
Consultant contract and Team, including:
1. Decide on best modes and frequency of communication with Client. Liaison and coordinate
with Client on a regular basis to discuss Project issues and status'
2. Manage Consultant Team, comprised of Consultant's staff and its subconsultants.. Organize
and layout work for Consultant Team.
3. Review monthly expenditures and Consultant Team scope activities. Prepare and submit to
Client monthly, an invoice and progress report describing services provided that period.
Prepare and submit reporting required by funding source(s), if any.
Deliverables. Monthly invoices and progress reporfs
o Reporting required by funding source(s),
B. Design-Phase Gonstructability Review
1. Site Visit. Accompany Designer on a plans-in-hand site visit to acquaint Consultant with the
Project and site.
2. Advise Designer as requested, on challenging constructability issues.
3. Gonstructability Reviews: Participate in Constructability reviews at the following milestones
a.100% Stage Review
i. Final Review of 100% Plans, Project Manual/Contract Provisions and Preliminary
Engineer's Estimate, prior to going to Ad. This review will be only to ascertain if
previous review comments were addressed.
Deliverables
o 100% stage letter rePort
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A
KBA, Inc.February 23,2O2I
C. Preconstruction Services
1. Review Contract Documents to familiarize team with Project requirements.
2. Organize and lead preconstruction conference:
a. Prepare and distribute notices.
b. Prepare agenda.
c. Conduct the meeting.
d. Prepare and distribute meeting notes to attendees and affected agencies
Deliverables
o Preconstruction Conference Notice, Agenda, and Notes
o Preconstruction photos, digitalfiles on electronic storage medium
D. Construction Phase Services - Gontract Administration
1. Liaison with the Client, construction contractor, Designer, appropriate agencies, adjacent
property Clients, and utilities.
2. ln concurrence with Progress Estimates, provide the Client with brief construction progress
reports, highlighting progress and advising of issues that are likety to impact cost, schedule,
or quality/scope.
3. Schedule Review:
a. Review construction contractor's schedules for compliance with Contract Documents.
b. Monitor the construction contractor's conformance to schedule and request revised
schedules when needed. Advise Client of schedule changes.
4. Progress Meetings. Lead regular (usually weekly) progress meetings with the construction
conlractor, including Client pre-briefing. Prepare weekly meeting agenda and meeting notes
and distribute copies to attendees. Track outstanding issues on a weekly basis.
5. Manage Submittal Process. Track and review, or cause to be reviewed by other appropriate
party, work plans, shop drawings, samples, test reports, and other data submitted by the
construction contractor, for general conformance to the Contract Documents.
6. Record of Materials. Maintain records of material compliance documentation received and
advise Client of any known deficiencies.
7. Prepare weekly statement of working days and distribute to the Client and Contractor.
8. Manage RFI (Request for lnformation) process. Track and review/evaluate or cause to be
reviewed/evaluated by other appropriate party, RFls. Manage responses to RFls.
g. Change Management. Evaluate entitlement, and prepare scope, impact, and independent
estimate for change orders. Facilitate resolution of change orders.
'10. Monthly Pay Requests. Prepare monthly progress estimates for payment. Review payment
requests submitted by construction contractor for comparison and reconcile differences.
Review with Client and construction contractor and recommend approval, as appropriate.
a. Evaluate construction contractor's Schedule of Values for lump sum items. Review the
Contract Price allocations and verify that such allocations are made in accordance with
the requirements of the Contract Documents.
11 . Notify construction contractor of work found in noncompliance with the requirements of the
contract.
12. Assist the Client in the investigation of malfunctions or failures observed during construction.
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KBA, lnc.February 23,202I
13. Public lnformation. Provide information for CIient to prepare media communications and
public notices on Project status. Provide information for Client's inclusion into a Project
website and/or newsletter, if requested.
14. Record Drawings. Review the construction contractor's redline set of contract plans.
Maintain a CM Team set of conformed drawings tracking plan changes, location of
discovered anomalies and other items, as encountered by Consultant Team. Use these
markups to check the progress of the Contractor-prepared Record Drawings.
15. Document Control. Establish and maintain document filing and tracking systems, following
Client guidelines and meeting funding agency requirements. Collect, organize, and prepare
documentation on the Project.
a. lf requested, one hard copy of files will be kept in the Project field office.
b. Electronic documentation will be stored in a Project Website, using SharePoint, managed
and hosted by the Consultant. The Client will be provided with licenses for their and the
construction contractor's use of the SharePoint website during the Project. Consultant
will provide one training session for Client and construction contractor users of the
SharePoint system.
c. The Project SharePoint site will transition to "read-only" access upon expiration of the
Agreement, or upon project completion and transfer of final records, whichever occurs
first. Transference of final records will include a digital copy of the files stored in the
Project SharePoint site. Access to SharePoint will expire following that date.
16. To comply with Article XlX. Protection of Confidential lnformation of the LAG Agreement,
maintain a log documenting the following: the State's Confidential lnformation received in the
performance of this AGREEMENT; the purpose(s) for which the State's Confidential
lnformation was received; who received, maintained and used the State's Confidential
lnformation; and the final disposition of the State's Confidential lnformation.
17. Project Closeout. lf requested, prepare or assist with preparation of Letters of Substantial,
Physical, and Final Completion for Client approval and signature, to include punch list.
Prepare final pay estimate for Client approval and processing.
18. Final Records. Compile and convey final Project records, transferring to the Client for its
archiving at final acceptance of the Project. Should Consultant's work end prior to full
completion of the Project, its records will be transferred to the Client prior to departure from
the Project. Records will consist of hard copy originals and electronic records on electronic
storage medium.
Deliverables
. Monthly Construction Progress Repods
. Schedule Review Comments
. Meeting Agendas and Notes
o Submittal Log
. Record of Materials
o RFI Log. Change Orde(s)
. Progress Pay Reguesfs
o Letters of Completion
. Final records - hard copy and electronic
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KBA, lnc.February 23,202L
E. Construction Phase Services - Field
1. Observe the technical conduct of the construction, including providing day-to-day contact with
the construction contractor, Client, utilities, and other stakeholders, and monitor for
adherence to the Contract Documents. The Consultant's personnelwill act in accordance
with Sections 1-05.1 and 1-05.2 of the WSDOT/APWA Standard Specifications.
2. Observe material, workmanship, and construction areas for compliance with the Contract
Documents and applicable codes. Advise the Client of any non-conforming work observed
during site visits.
3. Prepare lnspector Daily Reports (lDRs), recording the construction contractor's operations as
actually observed by the Consultant; includes quantities of work placed that day, contractor's
equipment and crews, photos of work performed, and other pertinent information.
4. lnterpret Construction Contract Documents, in coordination with Designer.
5. Evaluate and report to Client issues that may arise as to the quality and acceptability of
material furnished, work performed, and rate of progress of work performed by the
construction contractor.
6. Establish communications with adjacent property Clients. Respond to questions from
property Clients and the general public.
7. Coordinate with permit holders on the Project to monitor compliance with approved permits, if
applicable.
B. Prepare field records, daily reports of force account worked, and other payment source
documents to help facilitate administration of the Project in accordance with funding agency
requirements.
9. Attend and actively participate in regular on-site meetings.
10. Take periodic digital photographs during the course of construction. Photographs to be
labeled and organized in accordance with Client protocol.
'11. Punch List. Upon substantial completion of work, coordinate with the Client and affected
agencies, to prepare a 'punch list'of items to be completed or corrected. Coordinate final
inspection with those agencies.
12. Testing. r Cause to be conducted, materials and laboratory tests. Coordinate the work of the
Field Representative(s) and testing laboratories in the observation and testing of materials
used in the construction; document and evaluate results of testing; and inform Client and
construction contractor of deficiencies. Materials testing for this project will be provided by
HWA GeoSciences, lnc.
Deliverables
. /DRs with Project photos - submitted on a weekly basis
o Field Nofe Records and Daily Reporfs of Force Account Worked
o Additional Project photos not included in lDRs
. Punch Lisf(s,)
. Iesf reports
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KBA, lnc.
F. Assumptions
1. Budget:
February 23,202L
a. Staffing levels are anticipated in accordance with the attached budget estimate.
Consultant services are budgeted for a 4.S-month period, from April 15,2021 through
August 31,2021 This is intended to span the originally planned construction duration of
70 contractor working days, plus time allotted for Project setup and closeout. Overtime
has not been figured into the budget.
b. Consultant will work up to the limitations of the authorized budget. lf additional budget is
needed to cover instances, including but not limited to the following, Client and
Consultant will negotiate a Supplement to this Agreement:
i. The contractor's schedule requires inspection coverage of extra crews and shifts.
ii. The construction contract runs longer than the time period detailed above.
iii. Any added scope tasks.
iv. Adjustment of Consultant lndirect Cost Rate (lCR) percentage pursuant to the terms
as outlined in Section V of the LAG Agreement.
c. The work is anticipated to be performed during daytime hours. Should night work be
necessary, a 15 percent differential for labor will be applied to all night shift hours worked
by Consultant's employees.
d. The budget allocations shown in Exhibit are itemized to aid in Project tracking
purposes only. The budget may be transferred between people, or between labor and
expenses, provided the total contracted amount is not exceeded without prior
authorization.
e. The budget assumes that Consultant's standard forms, logs, and processes will be used
on the Project SharePoint site. Any customization to meet specialized Client
requirements will be Extra Work.
f. Should Consultant's level of effort extend beyond the time period detailed in the attached
Exhibit - Estimate, and into a new year, labor rates will adjust annually on January
1, with 30-day written notice to Agency.
Items and Services Glient will provide:
a. Meeting arrangements and facilities for preconstruction meeting.
b. Field office space will be provided by the Client, and will include::
i. workstations (desk, chair, and storage) for two staff members.
ii. conference table and chairs
iii. combination printer/copier/scanner machine with these capabilities: 11x17 size, color,
and of business quality
iv. high-speed, dedicated connection, including static lP
v. miscellaneous office supplies
vi. utilities and sanitary facilities
c. Coordination with and enforcement of utility franchise agreements and/or contracts and
schedules for services related to this Project.
d. Verify that the required permits, bonds, and insurance have been obtained and submitted
by the construction contractor. Obtain all permits not required to be provided by
construction contractor.
e. Construction Survey. Provide project control survey and staking that is not already
assigned to the construction contractor.
Scope:
2
3.
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KBA, lnc.February 23,202'1,
a. The SharePoint tool being used on this Project is proprietary to the Consultant (KBA,
lnc.), and may not be used by any other party or on any other project without the written
permission and involvement of KBA, lnc.
b. Constructability Review of design documents will be for constructability, for general
conformance with the design concept, and for contradictions and inconsistencies
between the various parts of the design documents. This review will not include review of
the accuracy or completeness of details, such as quantities, dimensions, weights,
gauges, or fabrication processes; and will not include quantity takeoffs.
c. Consultant will provide inspection services for the days/hours that its' lnspector(s)
personnel is/are on-site. The lnspector(s)will not be able to observe or report
construction activities, or collect documentation, during the time they are not on-site.
d. The Consultant's monitoring of the construction contractor's activities is to ascertain
whether or not they are performing the work in accordance with the Contract Documents;
in case of noncompliance, Consultant will reject non-conforming work and pursue the
other remedies in the interests of the Client, as detailed in the Contract Documents. The
Consultant cannot guarantee the construction contractor's performance, and it is
understood that Consultant shall assume no responsibility for proper construction means,
methods, techniques, Project site safety, safety precautions or programs, or for the failure
of any other entity to perform its work in accordance with laws, contracts, regulations, or
Client's expectations.
e. Definitions and Roles. The use of the term "inspect" in relation to Consultant services is
synonymous with "construction observation," and reference to the "lnspector" role is
synonymous with "Field Representative," and means: performing on-site observations of
the progress and quality of the Work and determining, in general, if the Work is being
performed in conformance with the Contract Documents; and notifying the Client if Work
does not conform to the Contract Documents or requires special inspection or testing.
Where "specialty lnspector" or "specialty inspection" is used, it refers to inspection by a
Building Official or independent agent of the Building Official, or other licensed/certified
inspector who provides a certified inspection report in accordance with an established
standard.
f. Because of the prior use of the Project site, there is a possibility of the presence of toxic
or hazardous materials. Consultant shall have no responsibility for the discovery,
presence, handling, removal or disposal of toxic or hazardous materials, or for exposure
of persons to toxic or hazardous materials in any form at the Project site, including but
not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB), or other toxic
substances. lf the Consultant suspects the presence of hazardous materials, they will
notify the Client immediately for resolution.
Review of Shop Drawings, samples, and other submittals will be for general conformance
with the design concept and general compliance with the requirements of the contract for
construction. Such review will not relieve the Contractor from its responsibility for
performance in accordance with the contract for construction, nor is such review a
guarantee that the work covered by the shop drawings, samples and submittals is free of
errors, inconsistencies or omissions.
Any opinions of probable construction cost provided by the Consultant will be on the
basis of experience and professionaljudgment. However, since Consultant has no
control over competitive bidding or market conditions, the Consultant cannot and does
not warrant that bids or ultimate construction costs will not vary from these opinions of
probable construction costs.
Quantity takeoffs and calculated quantities are for the purpose of comparing with
Designer's and/or bidders' quantities and are not a guarantee of final quantities.
g
h
t.
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KBA, lnc.February 23,2021,
j. Development of construction schedules and/or sequencing, and/or reviewing and
commenting on contractor's schedules, is for the purpose of estimating number of days to
complete a project, for identifying potential schedule and coordination challenges, and
determining compliance with the construction contract. lt is not a guarantee that a
construction contractor will complete the Project in that sequence or timeline, as means
and methods are the responsibility of the construction contractor'
k. Consultant is not responsible for any costs, claims or judgments arising from or in any
way connected with errors, omissions, conflicts or ambiguities in the Contract Documents
prepared by others. The Consultant does not have responsibility for the professional
quality or technical adequacy or accuracy of the design plans or specifications, nor for
their timely completion by others.
l. lf Consultant provides Value Analysis or Value Engineering services, it is understood that
any ideas, advice, or recommendations generated by the Consultant are made based
only on the information presented to them, and need engineering analysis by the
Designer to verify; Consultant is not responsible for the final design product.
m. RCW 4.24.115 is applicable to Consultant's services provided under this Agreement.
n. Consultant's insurance carrier provides coverage on ISO equivalent endorsement forms.
o. Services provided by the Consultant under this Agreement will be performed in a manner
consistent with that degree of care and skill ordinarily exercised by members of the same
profession currently practicing under similar circumstances, in the same geographical
area and time period.
p. Nothing in the Agreement is intended to create, nor shall it be construed to create, a
fiduciary duty owed by either party to the other. Consultant makes no warranties,
guarantees, express or implied, under this Agreement or othenivise in connection with
Consultant's services.
q. Client agrees that Consultant will not be held liable for the completeness, correctness,
readability, or compatibility of any electronic media submitted to Client, after an
acceptance period of 30 days after delivery of the electronic files, because data stored on
electronic media can deteriorate undetected or can be modified without Consultant's
knowledge.
r. Consultant will not be liable for any damage to the field office premises or utilities
provided by Client, unless caused by Consultant's own negligence.
s. To comply with Article XlX. Protection of Confidential lnformation of the LAG Agreement,
Prime Consultant shall maintain a log documenting the following: the State's Confidential
lnformation received in the performance of this AGREEMENT; the purpose(s) for which
the State's Confidential lnformation was received; who received, maintained and used
the State's Confidential lnformation; and the final disposition of the State's Confidential
lnformation
t. Regarding Article XlX. Protection of Confidential lnformation, of the LAG Agreement,
KBA will perform services under the following assumptions, and such assumptions are
assumed acceptable to the AGENCY and the STATE: The AGENCY and/or the STATE
will identify each and any item considered to be "state's Confidential lnformation" as
"confidential", as detailed below. Any information received by CONSULTANT that is not
so labeled, will be assumed by CONSULTANT to not be "State's Confidential
lnformation". CONSULTANT will return all items pre-identified as State's Confidential
lnformation, to the AGENCY, and will not be required to take any other steps to protect
that information.
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KBA, lnc.February 23,2O2L
II. OPTIONAL SERVICES
All services not detailed above, are considered Optional Services, which, along with any other Extra Work
requested by the Client, will be performed only when a mutually negotiated Supplement to this Agreement
is executed, specifying scope of services and budget.
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Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
Exhibit C
Preparation and Delivery of Electronic 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
B.Roadway Design Files
C.Computer Aided Drafting Files
N/A
N/A
N/A
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
D.Specify the Agency’s Right to Review Product with the Consultant
E.Specify the Electronic Deliverables to Be Provided to the Agency
F.Specify What Agency Furnished Services and Information Is to Be Provided
N/A
See Exhibit A - Scope of Services
See Exhibit A - Scope of Services
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
II.Any Other Electronic Files to Be Provided
III.Methods to Electronically Exchange Data
On-going project correspondence will be provided via email and hard copy format during the life of the
agreement. Deliverables will be provided via hard copy and electronic records on electronic storage medium at
closeout.
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
A.Agency Software Suite
B.Electronic Messaging System
C.File Transfers Format
Microsoft Office Suite
Sharepoint
Microsoft Outlook
At project completion, hard copy records will be transferred to Cliet and electronic records will be transferred
via electronic storage medium (thumb drive or DVD).
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
Exhibit D
Prime Consultant Cost Computations
See attached.
Project Name:Client Project No.:KBA Project No.:Contract Type:Date Prepared:Prepared by:Salary EscalationKBA Labor HoursDirec{Roundd to nearestwhole dollar.CONFIDENTIAL & PROPRIEIARY TO KBA INC.Kent - 212th ProjectTBDTBDCost + Fixed Fee (on DSC only)3t1t2021Sam Schuyler5o/oApt-21 May-21 Jun-21 J'rl-21 Au9212022212216016017616817612Yo 5070 50% 500/o12Vo1792402U252197l\ronfriDays/lvloHr/MoExtra WorkAdj Hr/MoApr-21 May-21 Jun-21 Jul21 Aug-211I280120801818016080181881768818184168842140840291 330362346ol2021 Tolal4u6Jlt0323721l20Tocal llows4u63726323721,4202022Rate$100,9i$81.4($44,5($58.8($37.8($44.1Subtotal - KBA Labor Hours2021 Rate$96.16$77.52$42.M$56.00$36.00$42.00EmployeeTithAdams(M4) Principal in Charge(M2) POect Nlanager(A4) CA(E5) Resident Engineer(Ea Omce Engineer(T3) PASam Schuylerraige BarnesSameron BloomerNahom KahsayTBDApr-21 May-21 Jun-21 Jul-21 Aug-213185301,0481,0485561,0485831,048530281,606 1,578 1,63'1 1,604 3182021Iolal4,192z,c Io286,736Tdil Co6ts4,1922,51628$ 6,736ItemVehicles @ $950/month (plus tax)Vehicles @ $6/hour (plus tax)Mlisc: Supplies, Equipment, Copies, PostaqeSubtotal - Direct Expenses19,936Apr-21 May-21 Jun-21 Jul-21 Aug-2119,9362021 Tdtal1 9,93619,936$ 19,936Totd Costse 10 0?aSubconsultantsHWA - Geosciences lnc,Subtotal - Submnsultant CostsApr-21 May-21 Jun-21 Jul-21 Aug-2196620854,480$n3,36096620424,4805,7603,36096620424,9286,3363,696966204,7046,0483,528155422,2402881,68012,9611,25117,61 914,3591,18519,70515,719I,18521,67615,0391,18520,6904,4053086,09731,8313,88835,2494,30838,5794,71636,9144,51210,81 11,32235,7191,60639,5561,57843,295 41,4261,60412,1323181,63'r57,261 41,134 M,925 43,030 12,4502021 TolalJ65Z,bJb25520,83222,75215,62462,4835,1 1485,786153,38418,745172,1286,736198,800To[dD$3852,63625520,83222,75215,624$$i64,{835Jl{8tu86t l53,3Ea$ r&7{5I 1741?63 6.736I 198,8002022Pate$100.97$81,4C$44.5€$s8.8C$37.8C$44.1CDirect Salary CostsOverhead (Home) @overhead (Field) @156.16%144.890kSubtotal (DSC +0H):ixed Fee (on DSC only) @30.00%Subtotal (DSC + 0H + Fee))irect Exp€nses (No Markup)rOTAL ESTIMATED COSTS2021 Rate$96.1 6$n.52$42.44$56.0C$36.0C$42.0CEmployeeTifleK AdamsSam SchuylerPaige BarnesCameron BloomerNahom KahsayIBD(M4) Principal in Charge(M2) Project Manager(A4) CA(E5) Resident Engineer(E2) Otrice Engineer(T3) PAPrinted: 3/3/2021 8:48 AMEXHIBIT D
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
Exhibit F
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 this 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 this 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 the AGENCY, the
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, the 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 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, 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 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 the AGENCY and, in
addition, the CONSULTANT may request the United States enter into such litigation to protect the
interests of the United States.
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
Exhibit G
Certification Document
Exhibit G-1(a) Certification of Consultant
Exhibit G-1(b) Certification of
Exhibit G-2
Exhibit G-3
Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary
Covered Transactions
Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
Certificate of Current Cost or Pricing Data Exhibit G-4
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
Exhibit G-1(a) Certification of Consultant
I hereby certify that I am the and duly authorized representative of the firm of
______________________________________________________________________________________
whose address is
______________________________________________________________________________________
and that neither the above firm nor I have
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)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 furnished to the _________________________________________
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.
Consultant (Firm Name)
Signature (Authorized Official of Consultant) Date
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
Exhibit G-1(b) Certification of ________________________________________
I hereby certify that I am the:
Other
of the _______________________________________, and ________________________________________
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; o
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 furnished to the ___________________________________________
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.
Signature Date
Agency Official
Dana Ralph, Mayor
City o f Kent
04/13/2021
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
Exhibit G-2 Certification Regarding Debarment Suspension and Other Responsibility
Matters - Primary Covered Transactions
I.The prospective primary participant certifies to the best of its knowledge and belief, that it and its
principals:
A.Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
B.Have not within a three (3) year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of 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 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 a governmental entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of
this certification; an
D.Have not within a three (3) year period preceding this application / proposal had one or more public
transactions (Federal, State and 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 Name)
Signature (Authorized Official of Consultant) Date
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
Exhibit G-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 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 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 require certification shall be subject to a civil penalty of not less than $10,000.00, and not more than
$100,000.00 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 sub-contracts, which exceed
$100,000 and that all such sub-recipients shall certify and disclose accordingly.
Consultant (Firm Name)
Signature (Authorized Official of Consultant) Date
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
Exhibit G-4 Certification 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 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 ______________________________________* 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: ___________________________________________________________________________
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 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.
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
Exhibit J
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) total a $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 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 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.
If the Agency does not agree with the consultant’s claim, proceed to step 3 of the procedures.
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
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 associate
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 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 to agency dispute resolution procedures). If the project involves federal
participation, obtain concurrence from WSDOT 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