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CAG2023-552 - Original - KBA, Inc. - 84th Ave South (EVH) Preservation - 10/27/2023
FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Agreement Routing Form DirAsst: • For Approvals,Signatures and Records Management Dir/Dep: KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover (Optional) WASHINGTON Sheet forms. (Print on pink or cherry colored paper) Originator: Department: Karin Bayes for Jason Barry Public Works Date Sent: Date Required: c 10/13/2023 10/20/2023 Q Mayor or Designee to Sign. Date of Council Approval: Q Interlocal Agreement Uploaded to Website 10/3/2023 Budclet Account Number: Grant? Yes NoF-] R90126 Budget? Yes E]No Type: N/A Vendor Name: Category: i KBA, Inc. Contract Vendor Number: Sub-Category: Original 0 Project Name: 84th Avenue South (EVH) Preservation - S 212th 3- Project Details: The Consultant will provide Construction Management Services for the 84th Avenue S. (East Valley Highway) Preservation - S. 212th Street to S. 196th Street project. Services will include consultation, contract administration, field observation, documentation, and material testing. C Basis for Selection of Contractor: Agreement Amount: $401,453 Direct Negotiation 4J *Memo to Mayor must be attached .1111 Start Date: U1 pon Execution Termination Date: 12/31/2024 a Local Business? Yes F]No*If meets requirements per KCC 3.70.100,please complete"Vendor Purchase-Local Exceptions"form on Cityspace. Business License Verification: ❑Yes In-Process F1 Exempt(KCC 5.01.045) FlAuthorized Signer Verified Notice required prior to disclosure? Contract Number: Yes❑No CAG2023-552 Comments: IM C C 3 0 N a Date Received:City Attorney: 10/13/23 Date Routed:Mayor's Offic 10/25/23 'ty Clerk's Office 10/27/23 adccW22373_7_20 Visit Documents.KentWA.gov to obtain copies of all agreements �� rev.20221201 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Agreement Number: LA-10626 Firm/Organization Legal Name (do not use dba's): KBA, Inc. Address Federal Aid Number 11201 SE 8th Street, Suite 160, Bellevue, WA 98004 STBGUL-1073(006) UBI Number Federal TIN 601 -426-427 91 -181416 Execution Date Completion Date 12/31/2024 1099 Form Required Federal Participation ❑ Yes ❑■ No ■❑ Yes ❑ No Project Title 84th Avenue South (East Valley Highway) Preservation - S. 212th Street to S. 196th Street Description of Work The Consultant will provide Construction Management Services for the 84th Avenue S. (East Valley Highway) Preservation - S. 212th Street to S. 196th Street project. Services will include consultation, contract administration, field observation, documentation, and material testing. For a description, see the Consultant's Scope of Services which is attached as Exhibit A and incorporated by this reference. ❑■ Yes ❑ No DBE Participation Maximum Amount Payable: $401,453 ❑ Yes ❑■ No MBE Participation ❑ Yes ❑■ No WBE Participation ❑ Yes ❑■ No SBE Participation Index of Exhibits Exhibit A Scope of Work Exhibit B DBE Participation Exhibit C Preparation and Delivery of Electronic Engineering and Other Data Exhibit D Prime Consultant Cost Computations Exhibit E Sub-consultant Cost Computations Exhibit F Title VI Assurances Exhibit G Certification Documents Exhibit H Exhibit I Exhibit J Consultant Claim Procedures LA-10626 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page I of 14 THIS AGREEMENT, made and entered into as shown in the "Execution Date" box on page one (1) of this AGREEMENT, between the City of Kent 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 LA-10626 Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 2 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 DBE goal, a voluntary SBE goal amount of ten percent of the Consultant Agreement is established. The Consultant shall develop a SBE Participation Plan prior to commencing work. Although the goal is voluntary, the outreach efforts to provide SBE maximum practicable opportunities are not. 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. 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: Jason Barry Name: Cameron Bloomer Agency: City of Kent Agency: KBA, Inc. Address:220 4th Avenue S. Address:11201 SE 8th Street, Suite 160 City: Kent State:WA Zip:98032 City: Bellevue State:WA Zip:98004 Email: JBarry@KentWA.gov Email: cbloomer@kbacm.com Phone: (253) 856-5546 Phone: (425)455-9720 Facsimile: (253) 856-6500 Facsimile:(425)455-9732 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. LA-10626 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 3 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. LA-10626 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 4 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 (I.) 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. LA-10626 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 5 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 agreement. 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: LA-10626 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 6 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 • Civil Rights Restoration Act of 1987 (Public Law (42 U.S.C. Chapter 21 Subchapter V § 100-259) 2000d through 2000d-4a) • American with Disabilities Act of 1990 (42 • Federal-aid Highway Act of 1973 (23 U.S.C. Chapter 126 § 12101 et. seq.) U.S.C. Chapter 3 § 324) • 23 CFR Part 200 • Rehabilitation Act of 1973 • 49 CFR Part 21 (29 U.S.C. Chapter 16 Subchapter V § • 49 CFR Part 26 794) • RCW 49.60.180 • Age Discrimination Act of 1975 (42 U.S.C. Chapter 76 § 6101 et. seq.) 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 LA-10626 Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 7 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 LA-10626 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 8 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. LA-10626 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 9 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 "Als"), 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: Jason Barry Agency: City of Kent Address: 220 4th Avenue South City: Kent State:WA Zip: 98032 Email: JBarry@KentWA.gov Phone: (253) 856-5546 Facsimile:(253) 856-6500 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 party, and no third party beneficiary is intended or created by the execution of this AGREEMENT. The AGENCY will pay no progress payments under section V "Payment Provisions" until the CONSULTANT has 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. LA-10626 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 10 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-I(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 AGREEMENTS over one hundred thousand dollars ($100,000.00) and Exhibit "G-4" is required only in AGREEMENTS 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. LA-10626 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 11 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. LA-10626 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 12 of 14 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. LA-10626 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 13 of 14 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. `?�W 10/13/2023 Signature Date 10/27/2023 Signature Date Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office of the Attorney General. LA-10626 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 14 of 14 DATE IY(MM/DDYYY) A�" CERTIFICATE OF LIABILITY INSURANCE 5/10/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Nancy Ferrick AssuredPartners Design Professionals Insurance Services, LLC PHONE FAX 3697 Mt. Diablo Blvd., Suite 230 A/C No Ext: 510-272-1400 A/c No), Lafayette CA 94549 ADDRESS: nanc .ferrick@assuredpartners.com INSURER(S)AFFORDING COVERAGE NAIC# License#:6003745 INSURER A:The Travelers Indemnity Company 25658 INSURED KBAINCO-03 INSURER B:The Travelers Indemnity Company of America 25666 KBA, Inc.11201 SE 8th Street, Ste 160 INSURER C:Travelers Property Casualty Company of America 25674 Bellevue WA 98004 INSURER D:Travelers Casualty and Surety Co of America 31194 INSURER E: Underwriters at Lloyd's,London 32727 INSURER F: COVERAGES CERTIFICATE NUMBER:2120873190 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP IY LIMITS LTR INSD WVD POLICY NUMBER MM/DDYYY IY MM/DDYYY B X COMMERCIAL GENERAL LIABILITY Y Y 6806NO33449 5/10/2023 5/10/2024 EACH OCCURRENCE $1,000,000 CLAIMS-MADE OCCUR PREM SESOEa occur ence $1,000,000 X Contractual Liab MED EXP(Any one person) $10,000 Included PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY jE LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY Y Y BA7R748905 5/10/2023 5/10/2024 COMBINED SINGLE LIMIT $1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident C X UMBRELLA LIAB X OCCUR Y Y CUP6N036187 5/10/2023 5/10/2024 EACH OCCURRENCE $9,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $9,000,000 DED RETENTION$ $ B WORKERS COMPENSATION 6806NO33449 5/10/2023 5/10/2024 PER X OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER WA STOP GAP ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 D Professional Liability(includes 107633573 5/10/2023 5/10/2024 Per Claim $2,000,000 E Pollution Liability) ESL0539659713 5/10/2023 5/10/2024 Annual Aggregate $4,000,000 Cyber Liability Per Claim $500,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Umbrella Liability policy is follow-form to underlying:General Liability/Auto Liability/Employer's Liability. RE:All Operations of the Named Insured. The State of Washington and City of Kent,their officers,employees,and agents are named as Additional Insured as respects General and Auto Liability as required per written contract or agreement.General Liability and Auto Liability are Primary/Non-Contributory per policy form wording.A Severability of Interest Clause applies to General Liability per policy form. Insurance coverage includes waiver of subrogation per the attached.30 Day Notice of Cancellation. CERTIFICATE HOLDER CANCELLATION 30 Day Notice of Cancellation SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Kent 220 Fourth Avenue South AUTHORIZED REPRESENTATIVE Kent, WA 98032 1 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER 6806No33449 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Names of Additional Insured Person(s) or Organization(s): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part, provided that such written contract was signed by you before, and is in effect when, the "bodily injury" or"property damage" occurs or the "personal injury" or"advertising injury" offense is committed. Location of Covered Operations: Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies. (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section II — Who Is An Insured is amended to in- This insurance does not apply to "bodily injury" or clude as an additional insured the person(s) or "property damage" occurring, or "personal injury" organization(s) shown in the Schedule, but only or "advertising injury" arising out of an offense with respect to liability for"bodily injury", "property committed, after: damage", "personal injury" or "advertising injury" 1. All work, including materials, parts or equip- caused, in whole or in part, by: ment furnished in connection with such work, 1. Your acts or omissions; or on the project (other than service, mainte- 2. The acts or omissions of those acting on your nance or repairs) to be performed by or on behalf; behalf of the additional insured(s) at the loca- tion of the covered operations has been com- in the performance of your ongoing operations for pleted; or the additional insured(s) at the location(s) desig- nated above. 2. That portion of "your work" out of which the injury or damage arises has been put to its in- B. With respect to the insurance afforded to these tended use by any person or organization additional insureds, the following additional exclu- other than another contractor or subcontrac- sions apply: for engaged in performing operations for a principal as a part of the same project. CG D3 61 03 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Page 1 of 1 CG T8 01 XX XX Includes copyrighted material of Insurance Services Office, Inc. with its permission. DATE OF ISSUE: 05/10/2023 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 6806NO33449 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for"bodily injury" or"property damage" included in the "products- completed operations hazard", provided that such contract was signed and executed by you before, and is in effect when, the bodily injury or property damage occurs. Location And Description Of Completed Operations Any project to which an applicable contract described in the Name of Additional Insured Person(s)or Organization(s)section of this Schedule applies. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to in- location designated and described in the schedule of clude as an additional insured the person(s) or or- this endorsement performed for that additional in- ganization(s) shown in the Schedule, but only with sured and included in the "products-completed opera- respect to liability for "bodily injury" or "property dam- tions hazard". age" caused, in whole or in part, by "your work" at the CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 CG T8 02 XX XX DATE OF ISSUE: 05/10/2023 Policy# 6806NO33449 COMMERCIAL GENERAL LIABILITY c. Method Of Sharing a. The statements in the Declarations are If all of the other insurance permits contribution accurate and complete; by equal shares, we will follow this method also. b. Those statements are based upon Under this approach each insurer contributes representations you made to us; and equal amounts until it has paid its applicable c. We have issued this policy in reliance upon limit of insurance or none of the loss remains, your representations. whichever comes first. The unintentional omission of, or unintentional error If any of the other insurance does not permit in, any information provided by you which we relied contribution by equal shares, we will contribute upon in issuing this policy will not prejudice your by limits. Under this method, each insurer's rights under this insurance. However, this provision share is based on the ratio of its applicable limit does not affect our right to collect additional of insurance to the total applicable limits of premium or to exercise our rights of cancellation or insurance of all insurers. nonrenewal in accordance with applicable insurance d. Primary And Non-Contributory Insurance If laws or regulations. Required By Written Contract 47. Separation Of Insureds If you specifically agree in a written contract or Except with respect to the Limits of Insurance, and agreement that the insurance afforded to an any rights or duties specifically assigned in this insured under this Coverage Part must apply on Coverage Part to the first Named Insured, this a primary basis, or a primary and non- insurance applies: contributory basis, this insurance is primary to a. As if each Named Insured were the only other insurance that is available to such insured Named Insured; and which covers such insured as a named insured, and we will not share with that other insurance, b. Separately to each insured against whom claim provided that: is made or"suit" is brought. (1) The "bodily injury' or"property damage" for 8. Transfer Of Rights Of Recovery Against Others which coverage is sought occurs; and To Us (2) The "personal and advertising injury" for If the insured has rights to recover all or part of any which coverage is sought is caused by an payment we have made under this Coverage Part, offense that is committed; those rights are transferred to us. The insured must subsequent to the signing of that contract or do nothing after loss to impair them. At our request, agreement by you. the insured will bring "suit" or transfer those rights to us and help us enforce them. 5. Premium Audit g. When We Do Not Renew a. We will compute all premiums for this Coverage If we decide not to renew this Coverage Part, we will Part in accordance with our rules and rates. mail or deliver to the first Named Insured shown in b. Premium shown in this Coverage Part as the Declarations written notice of the nonrenewal advance premium is a deposit premium only. At not less than 30 days before the expiration date. the close of each audit period we will compute If notice is mailed, proof of mailing will be sufficient the earned premium for that period and send notice to the first Named Insured. The due date proof of notice. for audit and retrospective premiums is the date SECTION V—DEFINITIONS shown as the due date on the bill. If the sum of 1. "Advertisement" means a notice that is broadcast or the advance and audit premiums paid for the published to the general public or specific market policy period is greater than the earned segments about your goods, products or services premium, we will return the excess to the first for the purpose of attracting customers or Named Insured. supporters. For the purposes of this definition: c. The first Named Insured must keep records of a. Notices that are published include material the information we need for premium placed on the Internet or on similar electronic computation, and send us copies at such times means of communication; and as we may request. b. Regarding websites, only that part of a website 6. Representations that is about your goods, products or services By accepting this policy, you agree: for the purposes of attracting customers or supporters is considered an advertisement. Page 16 of 21 ©2017 The Travelers Indemnity Company.All rights reserved. CG T1 00 02 18 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Policy#6806NO33449 COMMERCIAL GENERAL LIABILITY occupational therapist or occupational that is available to any of your "employees" therapy assistant, physical therapist or for "bodily injury" that arises out of providing speech-language pathologist; or or failing to provide "incidental medical (b) First aid or "Good Samaritan services" services" to any person to the extent not by any of your"employees" or"volunteer subject to Paragraph 2.a.(1) of Section II — workers", other than an employed or Who Is An Insured. volunteer doctor. Any such "employees" K. MEDICAL PAYMENTS— INCREASED LIMIT or"volunteer workers" providing or failing The following replaces Paragraph 7. of to provide first aid or "Good Samaritan services" during their work hours for you SECTION III — LIMITS OF INSURANCE will be deemed to be acting within the 7. Subject to Paragraph 5. above, the Medical scope of their employment by you or Expense Limit is the most we will pay under performing duties related to the conduct Coverage C for all medical expenses of your business. because of "bodily injury" sustained by any 3. The following replaces the last sentence of one person, and will be the higher of: Paragraph 5. of SECTION III — LIMITS OF a. $10,000; or INSURANCE: For the purposes of determining the b. The amount shown in the Declarations of applicable Each Occurrence Limit, all related this Coverage Part for Medical Expense acts or omissions committed in providing or Limit. failing to provide "incidental medical L. AMENDMENT OF EXCESS INSURANCE services", first aid or "Good Samaritan CONDITION — PROFESSIONAL LIABILITY services" to any one person will be deemed to be one "occurrence". The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV — 4. The following exclusion is added to COMMERCIAL GENERAL LIABILITY Paragraph 2. Ent:lusions SECTION I — CONDITIONS: COVERAGES — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE This insurance is excess over any of the other LIABILITY insurance, whether primary, excess, contingent Sale Of Pharmaceuticals or on any other basis, that is Professional Liability or similar coverage, to the extent the "Bodily injury" or "property damage" arising loss is not subject to the professional services out of the violation of a penal statute or exclusion of Coverage A or Coverage B ordinance relating to the sale of M. BLANKET WAIVER OF SUBROGATION — pharmaceuticals committed by, or with the WHEN REQUIRED BY WRITTEN CONTRACT knowledge or consent of the insured. OR AGREEMENT 5. The following is added to the DEFINITIONS Section: The following is added to Paragraph 0. Transfer Of Rights Of Recovery Against Others To Us, "Incidental medical services" means: of SECTION IV — COMMERCIAL GENERAL a. Medical, surgical, dental, laboratory, x LIABILITY CONDITIONS ray or nursing service or treatment, If the insured has agreed in a written contract or advice or instruction, or the related agreement to waive that insured's right of furnishing of food or beverages; or recovery against any person or organization, we b. The furnishing or dispensing of drugs or waive our right of recovery against such person medical, dental, or surgical supplies or or organization, but only for payments we make appliances. because of: 6. The following is added to Paragraph 4.b., a. "Bodily injury" or "property damage" that Excess Insurance, of SECTION IV — COMMERCIAL GENERAL LIABILITY occurs; or CONDITIONS: b. "Personal and advertising injury" caused by This insurance is excess over any valid and an offense that is committed; collectible other insurance, whether primary, subsequent to the signing of that contract or excess, contingent or on any other basis, agreement. CG D3 79 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc.with its permission. Policy#: BA7R748905 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE —This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF B. BLANKET ADDITIONAL INSURED USE—INCREASED LIMIT C. EMPLOYEE HIRED AUTO I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT D. EMPLOYEES AS INSURED J. PERSONAL PROPERTY E. SUPPLEMENTARY PAYMENTS — INCREASED K. AIRBAGS LIMITS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR F. HIRED AUTO — LIMITED WORLDWIDE COV- LOSS ERAGE—INDEMNITY BASIS M. BLANKET WAIVER OF SUBROGATION G. WAIVER OF DEDUCTIBLE—GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED this insurance applies and only to the extent that The following is added to Paragraph A.1., Who Is person or organization qualifies as an "insured" under the Who Is An Insured provision contained An Insured, of SECTION II —COVERED AUTOS in Section II. LIABILITY COVERAGE: Any organization you newly acquire or form dur- C. EMPLOYEE HIRED AUTO ing the policy period over which you maintain 1. The following is added to Paragraph A.1., 50% or more ownership interest and that is not Who Is An Insured, of SECTION II — COV- separately insured for Business Auto Coverage. ERED AUTOS LIABILITY COVERAGE: Coverage under this provision is afforded only un- An "employee" of yours is an "insured" while til the 180th day after you acquire or form the or- operating an "auto" hired or rented under a ganization or the end of the policy period, which- contract or agreement in an "employee's" ever is earlier. name, with your permission, while performing duties related to the conduct of your busi- B. BLANKET ADDITIONAL INSURED ness. The following is added to Paragraph c. in A.1., 2. The following replaces Paragraph b. in B.5., Who Is An Insured, of SECTION II — COVERED Other Insurance, of SECTION IV — BUSI- AUTOS LIABILITY COVERAGE: NESS AUTO CONDITIONS: Any person or organization who is required under b. For Hired Auto Physical Damage Cover- a written contract or agreement between you and age, the following are deemed to be cov- that person or organization, that is signed and ered "autos"you own: executed by you before the "bodily injury" or (1) Any covered "auto" you lease, hire, "property damage" occurs and that is in effect rent or borrow; and during the policy period, to be named as an addi- (2) Any covered "auto" hired or rented by tional insured is an "insured" for Covered Autos your "employee" under a contract in Liability Coverage, but only for damages to which an "employee's" name, with your CA T3 53 02 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO permission, while performing duties (a) With respect to any claim made or "suit" related to the conduct of your busi- brought outside the United States of ness. America, the territories and possessions However, any "auto" that is leased, hired, of the United States of America, Puerto rented or borrowed with a driver is not a Rico and Canada: covered "auto". (i) You must arrange to defend the "in- D. EMPLOYEES AS INSURED sured" against, and investigate or set- tle any such claim or "suit" and keep The following is added to Paragraph A.1., Who Is us advised of all proceedings and ac- An Insured, of SECTION II — COVERED AUTOS tions. LIABILITY COVERAGE: Any "employee" of yours is an "insured" while us- (ii) Neither you nor any other involved ing a covered "auto"you don't own, hire or borrow "insured" will make any settlement in your business or your personal affairs. without our consent. E. SUPPLEMENTARY PAYMENTS — INCREASED (iii)We may, at our discretion, participate LIMITS in defending the "insured" against, or in the settlement of, any claim or 1. The following replaces Paragraph A.2.a.(2), "suit". of SECTION II — COVERED AUTOS LIABIL- ITY COVERAGE: (iv)We will reimburse the "insured" for sums that the "insured" legally must (2) Up to $3,000 for cost of bail bonds (in- pay as damages because of "bodily cluding bonds for related traffic law viola- injury" or "property damage" to which tions) required because of an "accident" this insurance applies, that the "in- we cover. We do not have to furnish sured" pays with our consent, but these bonds. only up to the limit described in Para- 2. The following replaces Paragraph A.2.a.(4), graph C., Limits Of Insurance, of of SECTION II — COVERED AUTOS LIABIL- SECTION II — COVERED AUTOS ITY COVERAGE: LIABILITY COVERAGE. (4) All reasonable expenses incurred by the (v) We will reimburse the "insured" for "insured" at our request, including actual the reasonable expenses incurred loss of earnings up to $500 a day be- with our consent for your investiga- cause of time off from work. tion of such claims and your defense of the "insured" against any such F. HIRED AUTO — LIMITED WORLDWIDE COV- "suit", but only up to and included ERAGE—INDEMNITY BASIS within the limit described in Para- The following replaces Subparagraph (5) in Para- graph C., Limits Of Insurance, of graph B.7., Policy Period, Coverage Territory, SECTION II — COVERED AUTOS of SECTION IV — BUSINESS AUTO CONDI- LIABILITY COVERAGE, and not in TIONS: addition to such limit. Our duty to (5) Anywhere in the world, except any country or make such payments ends when we have used up the applicable limit of jurisdiction while any trade sanction, em- insurance in payments for damages, bargo, or similar regulation imposed by the settlements or defense expenses. United States of America applies to and pro- hibits the transaction of business with or (b) This insurance is excess over any valid within such country or jurisdiction, for Cov- and collectible other insurance available ered Autos Liability Coverage for any covered to the "insured" whether primary, excess, "auto" that you lease, hire, rent or borrow contingent or on any other basis. without a driver for a period of 30 days or less (c) This insurance is not a substitute for re- and that is not an "auto" you lease, hire, rent quired or compulsory insurance in any or borrow from any of your "employees", country outside the United States, its ter- partners (if you are a partnership), members ritories and possessions, Puerto Rico and (if you are a limited liability company) or Canada. members of their households. Page 2 of 4 ©2015 The Travelers Indemnity Company.All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO You agree to maintain all required or (2) In or on your covered "auto". compulsory insurance in any such coun- This coverage applies only in the event of a total try up to the minimum limits required by theft of your covered "auto". local law. Your failure to comply with compulsory insurance requirements will No deductibles apply to this Personal Property not invalidate the coverage afforded by coverage. this policy, but we will only be liable to the K. AIRBAGS same extent we would have been liable The following is added to Paragraph B.3., Exclu- had you complied with the compulsory in- sions, of SECTION III — PHYSICAL DAMAGE surance requirements. COVERAGE: (d) It is understood that we are not an admit- Exclusion 3.a. does not apply to 'loss" to one or ted or authorized insurer outside the more airbags in a covered "auto" you own that in- United States of America, its territories flate due to a cause other than a cause of "loss" and possessions, Puerto Rico and Can- set forth in Paragraphs A.1.b. and A.1.c., but ada. We assume no responsibility for the only: furnishing of certificates of insurance, or a. If that "auto" is a covered "auto" for Compre- for compliance in any way with the laws hensive Coverage under this policy; of other countries relating to insurance. b. The airbags are not covered under any war- G. WAIVER OF DEDUCTIBLE—GLASS ranty; and The following is added to Paragraph D., Deducti- c. The airbags were not intentionally inflated. ble, of SECTION III — PHYSICAL DAMAGE We will pay up to a maximum of $1,000 for any COVERAGE: one 'loss". No deductible for a covered "auto" will apply to L. NOTICE AND KNOWLEDGE OF ACCIDENT OR glass damage if the glass is repaired rather than LOSS replaced. The following is added to Paragraph A.2.a., of H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF SECTION IV—BUSINESS AUTO CONDITIONS: USE—INCREASED LIMIT Your duty to give us or our authorized representa- The following replaces the last sentence of Para- tive prompt notice of the "accident" or 'loss" ap- graph A.4.b., Loss Of Use Expenses, of SEC- plies only when the "accident' or 'loss" is known TION III—PHYSICAL DAMAGE COVERAGE: to: However, the most we will pay for any expenses (a) You (if you are an individual); for loss of use is $65 per day, to a maximum of (b) A partner(if you are a partnership); $750 for any one"accident'. (c) A member (if you are a limited liability com- I. PHYSICAL DAMAGE — TRANSPORTATION pany); EXPENSES—INCREASED LIMIT (d) An executive officer, director or insurance The following replaces the first sentence in Para- manager (if you are a corporation or other or- graph A.4.a., Transportation Expenses, of ganization); or SECTION III — PHYSICAL DAMAGE COVER- (e) Any "employee" authorized by you to give no- AGE: tice of the "accident' or'loss". We will pay up to $50 per day to a maximum of M. BLANKET WAIVER OF SUBROGATION $1,500 for temporary transportation expense in- The following replaces Paragraph A.5., Transfer curred by you because of the total theft of a cov- Of Rights Of Recovery Against Others To Us, ered "auto" of the private passenger type. of SECTION IV — BUSINESS AUTO CONDI- J. PERSONAL PROPERTY TIONS : The following is added to Paragraph A.4., Cover- S. Transfer Of Rights Of Recovery Against age Extensions, of SECTION III — PHYSICAL Others To Us DAMAGE COVERAGE: We waive any right of recovery we may have Personal Property against any person or organization to the ex- tent required of you by a written contract We will pay up to $400 for "loss" to wearing ap- signed and executed prior to any "accident' parel and other personal property which is: or"loss", provided that the "accident' or"loss" (1) Owned by an "insured"; and arises out of operations contemplated by CA T3 53 02 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO such contract. The waiver applies only to the The unintentional omission of, or unintentional person or organization designated in such error in, any information given by you shall not contract. prejudice your rights under this insurance. How- N. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col- The following is added to Paragraph B.2., Con- lect additional premium or exercise our right of cealment, Misrepresentation, Or Fraud, of cancellation or non-renewal. SECTION IV—BUSINESS AUTO CONDITIONS: Page 4 of 4 ©2015 The Travelers Indemnity Compa ny.All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office,Inc.with its permission. Policy#BA7R748905 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 2. The following is added to Paragraph B.S., Other 1. The following is added to Paragraph A.1.c., Who Insurance of SECTION IV — BUSINESS AUTO Is An Insured, of SECTION II — COVERED CONDITIONS: AUTOS LIABILITY COVERAGE: Regardless of the provisions of paragraph a. and This includes any person or organization who you paragraph d. of this part S. Other Insurance, this are required under a written contract or insurance is primary to and non-contributory with agreement between you and that person or applicable other insurance under which an organization, that is signed by you before the additional insured person or organization is the "bodily injury" or "property damage" occurs and first named insured when the written contract or that is in effect during the policy period, to name agreement between you and that person or as an additional insured for Covered Autos organization, that is signed by you before the Liability Coverage, but only for damages to which "bodily injury" or "property damage" occurs and this insurance applies and only to the extent of that is in effect during the policy period, requires that person's or organization's liability for the this insurance to be primary and non-contributory. conduct of another"insured". CA T4 74 02 16 ©2016 The Travelers Indemnity Company.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.with its permission. Exhibit A Scope of Work See Attached Project No. 20-3015 LA-10626 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012021 KBA, Inc. [8/25/20231 EXHIBIT A SCOPE OF SERVICES for 841" Ave. S. (East Valley Highway) Preservation S. 212t" St. to S. 1961" St. KBA, Inc. (Consultant)will provide Construction Management (CM) services to the City of Kent (Client), for the project known as 841 Ave. S. (East Valley Highway) Preservation S. 2121"St. to S. 196t"St. (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 planing 36,000 square yards of bituminous pavement, paving 5,100 tons of HMA CI '/2", PG 58V-22, removing HMA and replacing the area with 350 cubic yards of cement concrete pavement including dowels and tie bars, reconstructing 16 curb ramps to ADA standards, reconstructing 1 driveways, installing 81 vehicle detection loops, 120 square yards of sidewalk repairs, temporary pavement markings, 21,000 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 (Designer). I. CONSTRUCTION MANAGEMENT SERVICES A. Consultant Contract and Team Management: Provide overall day-to-day management of the Consultant contract and Team, including: 1. Decide on best modes and frequency of communication with Client and Designer. 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, if any. Organize and layout work for Consultant Team. Orient Client-provided Inspectors to Consultant inspection procedures and documentation, if needed. 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. 4. Communication on Consultant contractual issues will be with the Client. Communication on day-to-day construction activities and issues will be directly between the Consultant and the Owner. The Client will be an active member of the Project Team, consulted on design issues, and will be provided with information affecting Project progress. Deliverables • Monthly invoices and progress reports • Reporting required by funding source(s), if any P:\Public\PROJECTS\_In Design\20-3015 East Valley Highway(212th-196th)\90 AD&Award\90.5 Consultant Contracts\CM Contract-KBA\B2103301_Scope- v1_Kent_EVH_196-212 KBA_CB_JC1.docx 1 of 8 KBA, Inc. [8/25/20231 B. 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. 3. Provide one set of preconstruction photographs. Deliverables • Preconstruction Conference Notice,Agenda, and Notes • Preconstruction photos, digital files on electronic storage medium C. Construction Phase Services—Contract Administration 1. Liaison with the Client, construction contractor, Designer, appropriate agencies, adjacent property owners, and utilities. 2. In concurrence with Progress Estimates, provide the Client with brief construction progress reports, highlighting progress and advising of issues that are likely 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 contractor, 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. Create and 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 Information) process. Track and review/evaluate or cause to be reviewed/evaluated by other appropriate party, RFIs. Manage responses to RFIs. 9. 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. P:\Public\PROJECTS\_In Design\20-3015 East Valley Highway(212th-196th)\90 AD&Award\90.5 Consultant Contracts\CM Contract-KBA\B2103301_Scope- v1 Kent EVH 196-212 KBA CB JC1.docx 2 of 8 KBA, Inc. [8/25/20231 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. 13. Public Information. Provide information for Client 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 not less than monthly, 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. If requested, one hard copy of files will be kept in the Project field office. b. Electronic documentation will be stored in a Project Website managed and hosted by the Consultant. The Client will be provided with licenses for their and the construction contractor's use of the Project Website during the Project. Consultant will provide one training session for Client and construction contractor users. c. The Project Website 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 website. Access to the site will expire following that date. 16. To comply with Article XIX. Protection of Confidential Information of the LAG Agreement, 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. 17. Project Closeout. If requested, prepare or assist with preparation of Certificate 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 • Schedule Review Comments • Meeting Agendas and Notes • Submittal Log P:\Public\PROJECTS\_In Design\20-3015 East Valley Highway(212th-196th)\90 AD&Award\90.5 Consultant Contracts\CM Contract-KBA\B2103301_Scope- v1_Kent_EVH_196-212 KBA_CB_JC1.docx 3 of 8 KBA, Inc. [8/25/20231 • Record of Materials • RFI Log • Change Order(s) • Progress Pay Requests • Certificate Letters of Completion • Final records—electronic D. 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 personnel will 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 Inspector Daily Reports (IDRs), 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. Interpret 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 owners. Respond to questions from property owners and the general public. 7. Coordinate with permit holders on the Project to monitor compliance with approved permits, if applicable. 8. 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. 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. Conduct 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. Deliverables • 1DRs with Project photos—submitted on a weekly basis • Field Note Records and Daily Reports of Force Account Worked • Additional Project photos not included in IDRs P:\Public\PROJECTS\_In Design\20-3015 East Valley Highway(212th-196th)\90 AD&Award\90.5 Consultant Contracts\CM Contract-KBA\B2103301_Scope- v1_Kent_EVH_196-212 KBA_CB_JC1.docx 4 of 8 KBA, Inc. [8/25/20231 • Punch List(s) • Test reports E. Assumptions 1. Budget: a. Staffing levels are anticipated in accordance with the attached budget estimate. Consultant services are budgeted for a 8-month period, from October 2023 through May 2024.This is intended to span the originally planned construction duration of 90 contractor working days, an anticipated winter suspension, 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. If 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 Indirect Cost Rate (ICR) percentage pursuant to the terms as outlined in Section V of the LAG Agreement. c. The majority of 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. If Consultant provides their own construction field office, Client will reimburse Consultant for all office costs, including lease and/or rental of space, equipment, utilities, and insurance. e. The budget allocations shown in Exhibit are itemized to aid in Project tracking purposes only. The budget may be transferred between tasks or people, or between labor and expenses, provided the total contracted amount is not exceeded without prior authorization. f. The budget assumes that Consultant's standard forms, logs, and processes will be used on the Project Website. Any customization to meet specialized Client requirements will be Extra Work. g. 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. 2. Items and Services Client will provide: a. Meeting arrangements and facilities for pre-bid and preconstruction meetings. Prepare and distribute meeting notes from pre-bid meeting(s), if any. b. Field office, including: i. workstations (desk, chair, and storage) for 1 staff ii. conference table and chairs P:\Public\PROJECTS\_In Design\20-3015 East Valley Highway(212th-196th)\90 AD&Award\90.5 Consultant Contracts\CM Contract-KBA\B2103301_Scope- v1_Kent_EVH_196-212 KBA_CB_JC1.docx 5 of 8 KBA, Inc. [8/25/20231 iii. combination printer/copier/scanner machine with these capabilities: 11 x1 7 size, color, and of business quality iv. WIN internet access v. miscellaneous office supplies vi. utilities and sanitary facilities c. Retain Engineer of Record for shop drawing review, RFIs, design changes, and final record drawings. d. Coordination with and enforcement of utility franchise agreements and/or contracts and schedules for services related to this Project. e. 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. f. Construction Survey. Provide project control survey and staking that is not already assigned to the construction contractor. 3. Scope: a. The Project Website tool being used on this Project is proprietary to the Consultant (KBA, Inc.), and may not be used by any other party or on any other project without the written permission and involvement of KBA, Inc. b. Consultant will provide observation services for the days/hours that its' Inspector(s) personnel is/are on-site. The Inspector(s) will not be able to observe or report construction activities, or collect documentation, during the time they are not on-site. c. 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. d. Definitions and Roles. The use of the term "inspect" in relation to Consultant services is synonymous with "construction observation," and reference to the "Inspector" 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 Inspector" 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. e. 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 P:\Public\PROJECTS\_In Design\20-3015 East Valley Highway(212th-196th)\90 AD&Award\90.5 Consultant Contracts\CM Contract-KBA\B2103301_Scope- v1 Kent EVH 196-212 KBA CB JC1.docx 6 of 8 KBA, Inc. [8/25/20231 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. If the Consultant suspects the presence of hazardous materials, they will notify the Client immediately for resolution. f. 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. g. Any opinions of probable construction cost provided by the Consultant will be on the basis of experience and professional judgment. 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. h. 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. i. 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. It 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. j. Consultant is not responsible for any costs, claims orjudgments 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. k. If 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. I. Client agrees to request the construction contractor name KBA, Inc. as an additional insured via endorsement to the contractor's commercial general liability and automobile insurance policies. 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, P:\Public\PROJECTS\_In Design\20-3015 East Valley Highway(212th-196th)\90 AD&Award\90.5 Consultant Contracts\CM Contract-KBA\B2103301_Scope- v1 Kent EVH 196-212 KBA CB JC1.docx 7 of 8 KBA, Inc. [8/25/20231 guarantees, express or implied, under this Agreement or otherwise 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. Regarding Article XIX. Protection of Confidential Information, 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 Information" 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 Information". CONSULTANT will return all items pre-identified as State's Confidential Information, to the AGENCY, and will not be required to take any other steps to protect that information. 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. P:\Public\PROJECTS\_In Design\20-3015 East Valley Highway(212th-196th)\90 AD&Award\90.5 Consultant Contracts\CM Contract-KBA\B2103301_Scope- v1 Kent EVH 196-212 KBA CB JC1.docx 8 of 8 Exhibit B DBE Participation Plan In the absents of a mandatory DBE goal, a voluntary SBE goal amount of ten percent of the Consultant Agreement is established. The Consultant shall develop a SBE Participation Plan prior to commencing work. Although the goal is voluntary, the outreach efforts to provide SBE maximum practicable opportunities are not. See Attached Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012021 Adft Washington State Transportation Building •, De artment of Trans rtation 310 Maple Park Avenue S.E. P � P.D.Box 47300 Olympia,WA 98504-7300 360-705-7000 TTY:1-800-833-6388 www.wsdot.wa.gov June 8, 2023 Mr. Chad Bieren, PE Public Works Director City of Kent 220 Fourth Avenue South Kent, WA 98032-5838 City of Kent East Valley Highway Preservation (84th Ave South from S 212th St to S 196th St)- CN Fed Aid: # To Be Determined DBE Goal Dear Mr. Bieren: The WSDOT Disadvantaged Business Enterprise (DBE) and Training program, approved by FHWA, requires the evaluation of each local agency project to determine the feasibility of including goals (See chapter 26 of the Local Agency Guidelines (LAG) manual). This office applied the criteria and established a Nineteen percent mandatory DBE goal for consultants on this project. This evaluation of the DBE goal will remain in effect for 180 days from the date of this letter. If the consultant advertisement date exceeds the 180 days or the cost estimate changes more than twenty percent, the reevaluation of the DBE goal is required. Please note that failure to receive concurrence to award from Local Programs in accordance with the LAG manual may result in loss of federal participation. If you have any questions about the goal set, you can contact Nina Jones at 360.947.6788, or by email at jonesni&wsdot.wa.gov. Sincerely, Michele L. Britton Asst. State Local Programs Engineer Local Programs MLB.jd:ml cc: Mehrdad Moini,Northwest Region Local Programs Engineer, MS NB82-121 Exhibit B DBE Participation Plan 84th Ave S (East Valley Highway) Preservation S. 212th Street to S. 196th St. DBE Firm Name $ to DBE % of Contract OMWBE Cert AKANA $ 59,084.00 14.7% DlMO015051 HWA GeoSciences $ 38,674.00 9.6% D5F0024692 Total $ 97,758.00 24.4% 19% Required Agreement Number: Exhibit B-Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 0313012021 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: Z Surveying, Roadway Design &Plans Preparation Section A. Survey Data N/A B. Roadway Design Files N/A C. Computer Aided Drafting Files N/A Local Agency A&E Professional Services Agreement Number LA-10626 Negotiated Hourly Rate Consultant Agreement Revised 0713012021 D. Specify the Agency's Right to Review Product with the Consultant N/A E. Specify the Electronic Deliverables to Be Provided to the Agency See Exhibit A - Scope of Services F. Specify What Agency Furnished Services and Information Is to Be Provided See Exhibit A - Scope of Services Local Agency A&E Professional Services Agreement Number LA-10626 Negotiated Hourly Rate Consultant Agreement Revised 0713012021 IL Any Other Electronic Files to Be Provided Ill. 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 or electronic storage medium at closeout. Local Agency A&E Professional Services Agreement Number LA-10626 Negotiated Hourly Rate Consultant Agreement Revised 0713012021 A. Agency Software Suite Microsoft Office Suite, Autodesk Build B. Electronic Messaging System Microsoft Outlook C. File Transfers Format At project completion, hard copy records will be transferred to Client and electronic records will be transferred via electronic storage medium (thumb drive). LA-10626 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012021 Exhibit D Prime Consultant Cost Computations See Attached LA-10626 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012021 84th Ave S (East Valley OCT NOV DEC JAN FEB MAR APR MAY JUN Highway) Preservation - S 2023 20231 1 1 ' 2024 2024 2024 2024 V25YEAIRS % City of Kent Working Days/Month 21 20 21 21 20 23 21 21 22 Hours/Month 168 160 168 168 160 184 168 168 176 KBA Job No. B2103301 Overtime Utilization% 11% 10% 4% 6% 8% 10% 11% 12% 12% Cost+Net fee(on DSC+OH) Regular+OT Hours/Month 186 176 175 178 173 202 186 188 197 Prepared On:9/1/2023 Project Schedule I CTION-10 Days Oct123 to June 2024 CONSTRUCTION1 WDs • • -r WDs 1 Working .. 1 Preconstruction Days and 10 Closeout Days and 3 Month Suspension CLOSEOUT- 1 Dyas I Vehicle 2023 2024 1 Hours DSC DSC Hours 20232024 Type 2023 20231 14 2024 2024 2024 2024 2024 Rate Rate , H Cameron Bloomer E5 Engineer V None $ 76.00 $ 79.80 23 12 11 4 4 4 1 1 1 4 4 H Jill Carter A4 Administrator IV None $ 51.00 $ 53.55 17 7 10 3 2 2 2 2 2 2 2 H Erica Dougherty E4 Engineer IV None $ 66.00 $ 69.30 18 6 12 6 6 6 F Chul Lee E6 Engineer VI Special SU $ 76.00 $ 79.80 236 236 - 72 80 84 F Sean Flint T6 Technical Representative VI Special SU $ 65.00 $ 68.25 296 - 296 32 32 32 84 84 32 F Mustafa Al Gburi E3 Engineer III Special SU $ 58.00 $ 60.90 672 400 272 72 160 168 8 8 8 88 128 32 F Mustafa Al Gburi(Night)E3 Engineer III None $ 66.70 $ 70.04 160 40 120 40 80 40 H Paul Garrett M3 Manager III one $ 90.00 1$ 94.501 2 1 1 1 1 1 1 1 • • 906 242 329 345 50 56 50 OCTProject Expenses - Task DE Total 2023 2024 • Costs 2023 20231 124 2024 20241 1 1 ' DE KBA Field Vehicle Monthly Special Use SUV 6,072 3,643 2,429 1,214 1,214 1,214 1,214 1,214 DE KBA Field Vehicle Hourly Special Use SUV 4,752 1,907 2,E 582 647 679 323 323 323 679 679 517 • • Direct Expenses1 1 OCT • Costs 2023 20231 124 2024 20241 12024 Akana 59,084 30,820 28,264 6,586 11,836 12,398 1,201 1,201 1,201 13,018 11,642 HWA GeoSciences 38,674 19,674 19,000 8,000 8,000 3,674 16,000 3,000 1' 16,072 11,201 • 1 2023 2024 CostsDirect Salary DSC . 1 2024. 123 2023 20231 1 ' 2024 2024 2024 2024 Rate Rate H Cameron Bloomer E5 Engineer V $76.00 $79.80 1,790 912 878 304 304 304 80 80 80 319 319 - H Jill Carter A4 Administrator IV $51.00 $53.55 893 357 536 153 102 102 107 107 107 107 107 - H Erica Dougherty E4 Engineer IV $66.00 $69.30 1,228 396 832 396 - - - 416 - - 416 - F Chul Lee E6 Engineer VI $76.00 $79.80 17,936 17,936 - 5,472 6,080 6,384 - - - - - - F Sean Flint T6 Technical Representative A $65.00 $68.25 20,202 20,202 2,184 2,184 2,184 5,733 5,733 2,184 F Mustafa Al Gburi E3 Engineer III $58.00 $60.90 39,765 23,200 16,565 4,176 9,280 9,744 487 487 487 5,359 7,795 1,949 F Mustafa Al Gburi(Night) E3 Engineer III $66.70 $70.04 11,072 2,668 8,404 2,668 - - - - - 5,603 2,801 - H Paul Garrett M3 Manager III $90.00 $94.50 185 90 95 90 - - - - - - 95 - Subtotal Direct Labor Cost*Does Not Included AKA NA KBA Home Overhead 39,367 19,931 19,436 5,160 7,229 7,542 965 1,624 965 7,919 7,963 - KBA Field Overhead 132,608 65,285 67,323 18,356 22,893 24,037 3,981 3,981 3,981 24,882 24,338 6,160 Subtotal Overhead Cost*Does Not Include AKANA5,606 4,946 32,801 .• Subtotal Fee 30%of Direct Salary Costs 27,921 13,6681 14,253 1 3,978 4,730 4,960 857 982 857 5,136 5,180 1,240 Subtotal Fully Loaded Labor Cost •. Subtotal Direct Expenses 10,824 5,550 5,273 1,796 1,861 1,893 323 323 323 1,893 1,893 517 Subtotal Subconsultant Costs 97,758 50,494 47,264 14,586 19,836 16,072 1,201 1,201 1,201 29,018 14,642 - ESTIMATED TOTAL 401,45311 EXHIBIT D Washington State Development Division v De artment of Trans rtation Contract Services Office p � PO Box 47408 Olympia,WA 98504-7408 7345 Underson Way SW Tumwater,WA98501-6504 TTY:1-800-833-6388 www.wsdet.wa.gov May 3, 2023 KBA, Inc. 11201 SE 8th Street, Suite 160 Bellevue, WA 98004 Subject: Acceptance FYE 2022 ICR—Risk Assessment Review Dear Andy Jones: Based on Washington State Department of Transportation's (WSDOT) Risk Assessment review of your Indirect Cost Rate (ICR), we have accepted your proposed FYE 2022 ICR of the following: • Home Rate: 158.63% • Field Rate: 149.04% This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with your firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 704-6397 or via email consultantrates(&wsdot.wa.gov. Regards; schatZ,Ive 1farvetl Schatzie Harvey(May 3,2023 08: 7 PDT) May 3,2023 SCHATZIE HARVEY, CPA Contract Services Manager SH:BJO Min/Max Billing Rate and Fee Schedule DSC Rates-Effective June 1,2023 through December 31,2023 KBA,Inc. 11201 SE 8th Street-Suite 160 Bellevue,WA 98006 HOME ICR M-7 Manager VII $125.00 to $238.00 $198.29 to $377.54 $37.50 to $71.40 $361 to $687 M-6 Manager VI $115.00 to $186.00 $182.42 to $295.05 $34.50 to $55.80 $332 to $537 M-5 Manager V $105.00 to $154.00 $166.56 to $244.29 $31.50 to $46.20 $303 to $444 M-4 Manager IV $95.00 to $121.00 $150.70 to $191.94 $28.50 to $36.30 $274 to $349 M-3 Manager III $85.00 to $110.00 $134.84 to $174.49 $25.50 to $33.00 $245 to $317 M-2 Manager II $75.00 to $98.00 $118.97 to $155.46 $22.50 to $29.40 $216 to $283 M-1 Manager I $60.00 to $89.00 $95.18 to $141.18 $18.00 to $26.70 $173 to $257 E-9 Engineering/Professional IX $100.00 to $203.00 $158.63 to $322.02 $30.00 to $60.90 $289 to $586 E-8 Engineering/Professional VIII $80.00 to $114.00 $126.90 to $180.84 $24.00 to $34.20 $231 to $329 E-7 Engineering/Professional VII $75.00 to $108.00 $118.97 to $171.32 $22.50 to $32.40 $216 to $312 E-6 Engineering/Professional VI $65.00 to $102.00 $103.11 to $161.80 $19.50 to $30.60 $188 to $294 E-5 Engineering/Professional V $55.00 to $90.00 $87.25 to $142.77 $16.50 to $27.00 $159 to $260 E-4 Engineering/Professional IV $50.00 to $78.00 $79.32 to $123.73 $15.00 to $23.40 $144 to $225 E-3 Engineering/Professional III $40.00 to $66.00 $63.45 to $104.70 $12.00 to $19.80 $115 to $190 E-2 Engineering/Professional II $35.00 to $54.00 $55.52 to $85.66 $10.50 to $16.20 $101 to $156 E-1 Engineering/Professional 1 $25.00 to $42.00 $39.66 to $66.62 $7.50 to $12.60 $72 to $121 T-8 Technical Representative VIII $80.00 to $103.00 $126.90 to $163.39 $24.00 to $30.90 $231 to $297 T-7 Technical Representative VII $75.00 to $98.00 $118.97 to $155.46 $22.50 to $29.40 $216 to $283 T-6 Technical Representative VI $65.00 to $90.00 $103.11 to $142.77 $19.50 to $27.00 $188 to $260 T-5 Technical Representative V $55.00 to $83.00 $87.25 to $131.66 $16.50 to $24.90 $159 to $240 T-4 Technical Representative IV $50.00 to $76.00 $79.32 to $120.56 $15.00 to $22.80 $144 to $219 T-3 Technical Representative 111 $40.00 to $61.00 $63.45 to $96.76 $12.00 to $18.30 $115 to $176 T-2 Technical Representative II $35.00 to $49.00 $55.52 to $77.73 $10.50 to $14.70 $101 to $141 T-1 Technical Representative 1 $22.00 to $37.00 $34.90 to $58.69 $6.60 to $11.10 $63 to $107 P-8 Project Controls VIII $70.00 to $103.00 $111.04 to $163.39 $21.00 to $30.90 $202 to $297 P-7 Project Controls VII $65.00 to $98.00 $103.11 to $155.46 $19.50 to $29.40 $188 to $283 P-6 Project Controls VI $55.00 to $90.00 $87.25 to $142.77 $16.50 to $27.00 $159 to $260 P-5 Project Controls V $45.00 to $83.00 $71.38 to $131.66 $13.50 to $24.90 $130 to $240 P-4 Project Controls IV $40.00 to $76.00 $63.45 to $120.56 $12.00 to $22.80 $115 to $219 P-3 Project Controls III $35.00 to $61.00 $55.52 to $96.76 $10.50 to $18.30 $101 to $176 P-2 Project Controls II $25.00 to $49.00 $39.66 to $77.73 $7.50 to $14.70 $72 to $141 P-1 Project Controls 1 $20.00 to $37.00 $31.73 to $58.69 $6.00 to $11.10 $58 to $107 A-7 Administrator VII $65.00 to $92.00 $103.11 to $145.94 $19.50 to $27.60 $188 to $266 A-6 Administrator VI $55.00 to $76.00 $87.25 to $120.56 $16.50 to $22.80 $159 to $219 A-5 Administrator V $50.00 to $64.00 $79.32 to $101.52 $15.00 to $19.20 $144 to $185 A-4 Administrator IV $40.00 to $56.00 $63.45 to $88.83 $12.00 to $16.80 $115 to $162 A-3 Administrator III $30.00 to $47.00 $47.59 to $74.56 $9.00 to $14.10 $87 to $136 A-2 Administrator II $25.00 to $40.00 $39.66 to $63.45 $7.50 to $12.00 $72 to $115 A-1 lAdministrator 1 $20.00 to $31.00 1 $31.73 to $49.181 $6.00 to $9.30 1 $58 to $89 Note: (1) Billing rates shall equal actual DSC at the time work is performed at a labor multiplier of: 2.8863 (2) DSC ranges shown are effective June 30,2023-December 31,2023. OH(ICR)Rate may adjust annually with new WSDOT audit letter. (3) 15%differential applied for Night Shift work;Time-and-a-half applied for non-exempt staff working more than 40 hours/week. (4) For multi-year agreements,DSC Max ranges noted above escalate 4%annually on January 1. DIRECT NON-SALARY REIMBURSABLES EXPENSE TYPE ITEM RATE Subconsultants Cost Field Equipment&Supplies(valued over$100),Reprographics,Couriers Cost Auto Mileage Higher of current IRS or WSDOT adopted rate Project Assigned Vehicle-Rates quoted do not include sales tax which will be applied $6.68 up to$9.32/hour upon invoicing Fuel-a fuel surcharge may apply,if more than 300 miles are travelled in a month $5.00/Gallon Lodging&Per Diem Per WSDOT Travel Directives11 Consultant will comply with rules and regulations regarding travel costs,according to WSDOT Accounting Manual M13-82,Ch 10-Travel Rules&Procedures. THIS INFORMATION IS CONFIDENTIAL AND PROPRIETARY TO KBA,INC. \\Kba-server`kba-data\Projects\Contracts\Client\Kent\B2103301_Kent E.Valley Hwy 196th-212th\Rates\KBA Rates\KBA_FY2023_HOME_Jun to Dec 23 Printed 9/25/2023 Min/Max Billing Rate and Fee Schedule ;_dW DSC Rates-Effective June 1,2023 through December 31,2023 KBA,Inc. 11201 SE 8th Street-Suite 160 Bellevue,WA 98006 FIELD ICR OVERHEADDIRECT CLASSIFICATIC&M Max. Min. I, Min. PERSONNEL SALARY COST 149.04% x DSC xF, 17M.x. M-7 Manager VII $125.00 to $238.00 $186.30 to $354.72 $37.50 to $71.40 $349 to $664 M-6 Manager VI $115.00 to $186.00 $171.40 to $277.21 $34.50 to $55.80 $321 to $519 M-5 Manager V $105.00 to $154.00 $156.49 to $229.52 $31.50 to $46.20 $293 to $430 M-4 Manager IV $95.00 to $121.00 $141.59 to $180.34 $28.50 to $36.30 $265 to $338 M-3 Manager III $85.00 to $110.00 $126.68 to $163.94 $25.50 to $33.00 $237 to $307 M-2 Manager II $75.00 to $98.00 $111.78 to $146.06 $22.50 to $29.40 $209 to $273 M-1 Manager I $60.00 to $89.00 $89.42 to $132.65 $18.00 to $26.70 $167 to $248 E-9 Engineering/Professional IX $100.00 to $203.00 $149.04 to $302.55 $30.00 to $60.90 $279 to $566 E-8 Engineering/Professional VIII $80.00 to $114.00 $119.23 to $169.91 $24.00 to $34.20 $223 to $318 E-7 Engineering/Professional VII $75.00 to $108.00 $111.78 to $160.96 $22.50 to $32.40 $209 to $301 E-6 Engineering/Professional VI $65.00 to $102.00 $96.88 to $152.02 $19.50 to $30.60 $181 to $285 E-5 Engineering/Professional V $55.00 to $90.00 $81.97 to $134.14 $16.50 to $27.00 $153 to $251 E-4 Engineering/Professional IV $50.00 to $78.00 $74.52 to $116.25 $15.00 to $23.40 $140 to $218 E-3 Engineering/Professional III $40.00 to $66.00 $59.62 to $98.37 $12.00 to $19.80 $112 to $184 E-2 Engineering/Professional II $35.00 to $54.00 $52.16 to $80.48 $10.50 to $16.20 $98 to $151 E-1 Engineering/Professional 1 $25.00 to $42.00 $37.26 to $62.60 $7.50 to $12.60 $70 to $117 T-8 Technical Representative VIII $80.00 to $103.00 $119.23 to $153.51 $24.00 to $30.90 $223 to $287 T-7 Technical Representative VII $75.00 to $98.00 $111.78 to $146.06 $22.50 to $29.40 $209 to $273 T-6 Technical Representative VI $65.00 to $90.00 $96.88 to $134.14 $19.50 to $27.00 $181 to $251 T-5 Technical Representative V $55.00 to $83.00 $81.97 to $123.70 $16.50 to $24.90 $153 to $232 T-4 Technical Representative IV $50.00 to $76.00 $74.52 to $113.27 $15.00 to $22.80 $140 to $212 T-3 Technical Representative 111 $40.00 to $61.00 $59.62 to $90.91 $12.00 to $18.30 $112 to $170 T-2 Technical Representative II $35.00 to $49.00 $52.16 to $73.03 $10.50 to $14.70 $98 to $137 T-1 Technical Representative 1 $22.00 to $37.00 $32.79 to $55.14 $6.60 to $11.10 $61 to $103 P-8 Project Controls VIII $70.00 to $103.00 $104.33 to $153.51 $21.00 to $30.90 $195 to $287 P-7 Project Controls VII $65.00 to $98.00 $96.88 to $146.06 $19.50 to $29.40 $181 to $273 P-6 Project Controls VI $55.00 to $90.00 $81.97 to $134.14 $16.50 to $27.00 $153 to $251 P-5 Project Controls V $45.00 to $83.00 $67.07 to $123.70 $13.50 to $24.90 $126 to $232 P-4 Project Controls IV $40.00 to $76.00 $59.62 to $113.27 $12.00 to $22.80 $112 to $212 P-3 Project Controls III $35.00 to $61.00 $52.16 to $90.91 $10.50 to $18.30 $98 to $170 P-2 Project Controls II $25.00 to $49.00 $37.26 to $73.03 $7.50 to $14.70 $70 to $137 P-1 Project Controls 1 $20.00 to $37.00 $29.81 to $55.14 $6.00 to $11.10 $56 to $103 A-7 Administrator VII $65.00 to $92.00 $96.88 to $137.12 $19.50 to $27.60 $181 to $257 A-6 Administrator VI $55.00 to $76.00 $81.97 to $113.27 $16.50 to $22.80 $153 to $212 A-5 Administrator V $50.00 to $64.00 $74.52 to $95.39 $15.00 to $19.20 $140 to $179 A-4 Administrator IV $40.00 to $56.00 $59.62 to $83.46 $12.00 to $16.80 $112 to $156 A-3 Administrator III $30.00 to $47.00 $44.71 to $70.05 $9.00 to $14.10 $84 to $131 A-2 Administrator II $25.00 to $40.00 $37.26 to $59.62 $7.50 to $12.00 $70 to $112 A-1 lAdministrator 1 $20.00 to $31.00 $29.81 to $46.20 $6.00 to $9.30 1 $56 to $87 Note: (1) Billing rates shall equal actual DSC at the time work is performed at a labor multiplier of: 2.7904 (2) DSC ranges shown are effective June 30,2023-December 31,2023. OH(ICR)Rate may adjust annually with new WSDOT audit letter. (3) 15%differential applied for Night Shift work;Time-and-a-half applied for non-exempt staff working more than 40 hours/week. (4) For multi-year agreements,DSC Max ranges noted above escalate 4%annually on January 1. DIRECT NON-SALARY REIMBURSABLES EXPENSE TYPE ITEM RATE Subconsultants Cost Field Equipment&Supplies(valued over$100),Reprographics,Couriers Cost Auto Mileage Higher of current IRS or WSDOT adopted rate Project Assigned Vehicle-Rates quoted do not include sales tax which will be applied $6.68 up to$9.32/hour Upon invoicing Fuel-a fuel surcharge may apply,if more than 300 miles are travelled in a month $5.00/Gallon Lodging&Per Diem I Per WSDOT Travel Directives Consultant will comply with rules and regulations regarding travel costs,according to WSDOT Accounting Manual M13-82,Ch 10-Travel Rules&Procedures. THIS INFORMATION IS CONFIDENTIAL AND PROPRIETARY TO KBA,INC. \\Kba-server`kba-data\Projects\Contracts\Client\Kent\B2103301_Kent E.Valley Hwy 196th-212th\Rates\KBA Rates\KBA_FY2023_FIELD_Jun to Dec 23 Printed 9/25/2023 Exhibit E Sub-consultant Cost Computations If no sub-consultant participation listed at this time. The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. Refer to section VI "Sub-Contracting" of this AGREEMENT. Local Agency A&E Professional Services Agreement Number LA-10626 Negotiated Hourly Rate Consultant Agreement Revised 0713012021 EXHIBIT E Ambk Washington State Development Division CP De artment of Trans ortation Contract Services Office P P PO Box 47408 Olympia,WA 98504-7408 7345 Underson Way SW Tumwater,WA98501-6504 TTY:1-800-833-6388 www.wsdot.wa.gov August 29, 2023 HWA GeoSciences, Inc. 21312 30th Drive SE, Suite 110 Bothell, WA 98021 Subject: Acceptance FYE 2022 ICR—CPA Report Dear Vasiliy P. Babko: We have accepted your firms FYE 2022 Indirect Cost Rate(ICR)of 190.07%of direct labor (rate includes 0.60% Facilities Capital Cost of Money) based on the "Independent CPA Report," prepared by T-Max CPA. This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with the firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 704-6397 or via email consultantrates(awsdot.wa.gov. Regards, scha�01'e' 1fawetl Schatzie Harvey(Aug 30,202315:27 P ) SCHATZIE HARVEY, CPA Contract Services Manager SH:leg EXHIBIT E Project Cost Estimate HWA Ref: 2023-162 Construction Inspection and Testing R GEOSCIENCES INC 84th Ave S(East Valley Highway)Preservation U ' Date: 1-Sep-23 S 212th St.to S 196th St.,Kent,Washington DBEiMWBE Prepared By: BKH/VO Federal Aid Number: STBGUL-1073(006) Prepared for Cameron Bloomer,KBA PROPOSED WORK SCOPE: This cost estimate is based on quantities provided by the Client. 1. Sampling and acceptance/Proctor testing of CSBC and CSTC 2. Sampling of HMA aggregate for acceptance and oil at the plant for ignition oven correction factor. 3. Sampling and acceptance testing of concrete aggregates. 4.Compaction testing of compacted CSBC and CSTC for roadway subgrade and trench backfill.Three visits,per client. 5.Concrete inspection/sampling for Sidewalks,Driveways,and Cement Concrete Pavement.Includes next-day pickups 6.Inspection and testing of HMA placement and compaction during overlay paving(minimum:one test per 100 tons). 7.Inspection and testing of HMA placement and compaction during pavement repair(minimum:one test per 100 tons). 8. Sampling and testing HMA during overlay paving for Rice density,extraction and gradation(minimum: one test sample per day or 1000 tons). 9.Written field reports will be prepared for all inspections and reviewed for QC. 10.This estimate is based on information and estimated quantities from the client. Material Testing-ESTIMATED HWA LABOR: 2023 PERSONNEL&HOURLY RATES Scope Of Services GeoEng VIII Geol VI Geol III Geol II Clerical TOTAL TOTAL $87.50 $55.00 $40.50 $33.00 $33.00 HOURS AMOUNT Aggregate Inspection and Testing,including: Sampling of CSBC and CSTC assume 2 sources 12 12 $396 Inspection and Testing of Compacted Trench Backfill 2 visits 12 12 $486 Inspection and Testing of Compacted Roadway Sub grade 1 visit) 10 10 $405 Asphalt Inspection and Testing,including: Inspection and Testing during HMA overlay 4 days of overlay) 48 48 $1,584 Inspection and testing during HMA Pavement Repair 2 days of repair) 10 20 $660 HMA Oven Ignition Correction Sampling of Aggregate and Oil(1 mix x 1 initial source) 1 5 $165 HMA Sampling at Batch Plant(5 trips x 4 hrs.) 20 1 20 $660 Concrete Inspection and Testing,including: Sam ling of Concrete Aggregates(assume 3 mix designs from 2 sources) 16 16 $528 Sidewalk and Driveway Testing 2 periodic visits,plus next-day pickups) 16 16 $528 Cement Concrete Pavement Testing 2 full time visits,plus next-day pickups) 32 32 $1,056 Project Management Preconstruction Meeting 2 2 4 1 $285 QA Review,Reporting,Submittal Reviews,and Report Distribution 16 1 4 8 28 1 $1,884 DIRECT SALARY COST 18 1 6 22 1 169 1 8 1 223 1 $8 637 Kent EVH 196th to 212th - Estimate 09-01-2023 EXHIBIT E Material Testing-LABORATORY TESTING ESTIMATE: LABORATORY EXPENSE DESCRIPTION Est No. Unit Test TOTAL Asphalt Ignition Oven Correction(1 mix design,3 burns each) 3 $150 $450 HMA Aggregate Acceptance(Voids,FF,SE 1 mix from 1 source 1 $315 $315 Bitumen Content by Extraction with Gradation of Aggregate(5 samples) 5 $205 $1,025 Maximum Theoretical Specific Gravity of HMA Rice Density) 5 samples) 5 $150 $750 CSBC,CSTC Acceptance Testing(FF,SE,GS)at WSDOT Intervals(assume 2 sources) 4 $365 $1,460 Proctor Tests on All Materials to be Compacted CSBC and CSTC 4 $285 $1,140 Concrete Aggregates(GS)(assume 3 mix designs with 3 aggregates each from 2 sources) 18 $195 $3,510 Concrete Compressive Strength Testingfor Sidewalks,and Driveways 2 sets x 4 per set 8 $35 $280 Concrete Compressive Strength Testing for Cement Concrete Pavement (2 sets x 5 per set) 10 $35 $350 LABORATORY TOTAL: $9 280 EXPENSES: EXPENSE Total DESCRIPTION Cost Nuclear Gauge Rental $40/da ,assuming 2 days $80 Thin Lift(HMA Testing)Nuclear Gauge Rental $60/da ,assuming 7 days $420 Mileage to and from the job site for all inspections/pickups at IRS mileage rate(34 trips) $750 Mileage for HMA,and aggregate sampling,at IRS mileage rate(8 trips) $500 EXPENSE TOTAL: $1,750 ESTIMATED PROJECT TOTALS AND SUMMARY: Direct Salary Cost(DSC) $8,637 OH @ 1.9007*DSC $16,416 FF @ 30%*(DSC) $2,591 Total Labor Cost $27,644 Laboratory Testing $9,280 Direct Expenses $1,750 ESTIMATED PROJECT TOTAL: $38,674 Assumptions: 1.These estimates may require adjustment due to the Contractor's rate of construction,weather delays,source changes and/or other factors beyond our control. 2.The HWA PM reserves the right to shift hours between the various subtasks as required. 3.The HWA work scope does not include safety assessment nor work pertaining to any environmental issues. 4.This cost estimate was prepared with the understanding that the Client will schedule inspection as needed. 5.All night work is charged at an 8 hour minimum segment.Night work cancelled within 12 hrs of scheduled time will be charged 4 hrs. 6.All weekend work is charged at an 4 hour minimum segment.Weekend work cancelled within 12 hrs of scheduled time will be charged 4 hrs. 7.Same-day cancellations are charged 4 hours. 8.Cement concrete curb and gutter won't be tested.Per Client,ADA ramps will not be tested. 9.CSTC and CSBC will be the only imported aggregatest tested.Native soils won't be tested. Kent EVH 196th to 212th - Estimate 09-01-2023 EXHIBIT E 21312 3oth Drive SE,Ste.Ilo,Bothell,WA 9so21.7olo �,I GEOSCIENCES INC. Phone,425.7T4,crulIm425.7T4.2I14 DBQMWBE www.hwageo.com HWA GEOSCIENCES INC. 2023 HOURLY AND BILLING RATES EMPLOYEE TITLE HOURLY Overhead Profit Billing RATE 1.9007 30.00% Rate Anna Ataman Administrative Support $30.00 $57.02 $9.00 $96.02 Stephanie Murphy Administrative Support $33.00 $62.72 $9.90 $105.62 Cathy Fry CAD $32.50 $61.77 $9.75 $104.02 Brian Menz CAD $45.00 $85.53 $13.50 $144.03 Vasiliy Babko Contracts Administrator $45.00 $85.53 $13.50 $144.03 Cierra Wilson Geologist II $31.00 $58.92 $9.30 $99.22 Richard Mueller Geologist II $31.00 $58.92 $9.30 $99.22 Isaac Wiken Geologist II $33.00 $62.72 $9.90 $105.62 Mary Alice Benson Geologist III $34.50 $65.57 $10.35 $110.42 Ayla Heinze Fry Geologist III $37.50 $71.28 $11.25 $120.03 Christian Bourgeois Geologist III $39.00 $74.13 $11.70 $124.83 Vincent Oskierko Geologist III $40.50 $76.98 $12.15 $129.63 Greg Krankurs Geologist IV $46.00 $87.43 $13.80 $147.23 Seth Pemble Geologist IV $46.00 $87.43 $13.80 $147.23 Nicole Kapise Geologist VI $50.00 $95.04 $15.00 $160.04 Bret Salazar Geologist VI $55.00 $104.54 $16.50 $176.04 Steve Greene Geologist VIII $85.00 $161.56 $25.50 $272.06 Lucas Cressler Geotechnical Engineer II $38.00 $72.23 $11.40 $121.63 Ahmed Mahmound Geotechnical Engineer II $40.00 $76.03 $12.00 $128.03 Will Rosso Geotechnical Engineer IV $50.00 $95.04 $15.00 $160.04 Shane Miller Geotechnical Engineer IV $53.00 $100.74 $15.90 $169.64 Dila Saidin Geotechnical Engineer V $56.00 $106.44 $16.80 $179.24 Ali Sirjani Geotechnical Engineer V $58.50 $111.19 $17.55 $187.24 Joseph Westergreen Geotechnical Engineer V $58.50 $111.19 $17.55 $187.24 Sean Schlitt Geotechnical Engineer V $58.50 $111.19 $17.55 $187.24 Michael Place Geotechnical Engineer VII $78.50 $149.20 $23.55 $251.25 Sandy Brodahl Geotechnical Engineer VII $80.00 $152.06 $24.00 $256.06 Bryan Hawkins Geotechnical Engineer VIII $87.50 $166.31 $26.25 $280.06 Donald Huling Geotechnical Engineer VIII $87.50 $166.31 $26.25 $280.06 JoLyn Gillie Geotechnical Engineer VIII $89.00 $169.16 $26.70 $284.86 Matthew Kalb Lab/Field Technician 1 $23.00 $43.72 $6.90 $73.62 Alex Forcos Lab/Field Technician 1 $24.00 $45.62 $7.20 $76.82 Nicholas Johnson Lab/Field Technician 111 $28.00 $53.22 $8.40 $89.62 Alex Hodges Lab/Field Technician 111 $30.50 $57.97 $9.15 $97.62 Daniel Walton Lab/Field Technician IV $45.00 $85.53 $13.50 $144.03 Kristin Nolan Lab/Field Technician IV $45.00 $85.53 $13.50 $144.03 Ralph Boirum Principal IX $101.00 $191.97 $30.30 $323.27 Sa Hong Principal IX $147.97 $281.25 $44.39 $473.61 Arnie Sugar Principal IX $93.00 $176.77 $27.90 $297.67 Notes: * Represents Capped Billing Rate Printdate:12/16/22 Adilk Washington State Development Division v De artment of Trans rtation Contract Services Office p � PO Box 47408 Olympia,WA 98504-7408 7345 Underson Way SW Tumwater,WA98501-6504 TTY:1-800-833-6388 www.wsdet.wa.gov August 30, 2023 Cooper Zietz Engineers, Inc. dba Akana 6400 SE Lake Road, Suite 270 Portland, OR 97222 Subject: Acceptance FYE 2022 ICR—Audit Office Review Dear Bernie Egan: Transmitted herewith is the WSDOT Audit Office's memo of"Acceptance" of your firm's FYE 2022 Indirect Cost Rate (ICR) as follows: • Home Office: 155.12% of direct labor • Field Office: 140.21 % of direct labor This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with your firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 704-6397 or via email con sultantratesna,wsdot.wa.2ov. Regards, cG�atzl� tta�v� Schatzie Harvey(Sep 1,2023 05:4 PDT) SCHATZIE HARVEY, CPA Contract Services Manager SH:leg AKANA Budget-East Valley Highway 196th-212th Project ScheduleION 10 Days 2023 to June 2024 CONSTRUCTION-50 WDs Suspension 3 Mont CONSTRUCTION-40 WDs 90 Working Days+10 Preconstruction Days and 10 Closeout Days and 3 Month Suspension CLOSEOUT-10 Dyas AKANA zoz3 zoza � Vehicle DSC DSC Total 2023 2024 oCT NOV DEC JAN FEB MAR APR MAY JUN HOUrs � Type Rate Rate Hours � 2023 2023 2023 2024 2024 2024 2024 2024 2024 0 :1 Subtotal-KBA Labor Hours �- � 329 34S 50 56 50 345 341 64 � 2023 !$37.47 te •0. ESTIMATED TOTAL $ 59,P. AKANA RATE SCHEDULE 84th Ave S(East Valley Highway)Preservation-S 212th St to S 196th St City of Kent KBA Job No. B2103301 AKANA STAFF 2023 LABOR LOADED EFFECTIVE 2024 LABOR LOADED EFFECTIVE DSC OVERHEAD FEE OVERHEAD FEE ..ir• • '• UGH Jeff Faunce(AKANA) I M I Project Manager 1 03.00 1$ 132.501 Home 1 155.12% 1 30% 1 2.851 $ 377.78 12/31/23 1$ 139.131 Home 1 155.12% 1 30%1 2.851 $ 396.67 Laura Hendricks(AKANAI CA I Contract Admin 1 03.00 $ 35.691 Home 1 155.12% 1 30% 1 2.851 $ 101.76 12/31/23 1$ 37.471 Home 1 155.12% 1 30%1 2.8511$ 106.85 Sue Timm(AKANA) I PC I Project Controls 1 03.00 $ 49.34 1 Home 1 155.12% 1 30% 1 2.851 $ 140.68 12/31/23 1$ 51.811 Home 1 155.12% 1 30%1 2.851 $ 147.71 EXHIBIT A SCOPE OF SERVICES Construction Management Services Kent East Valley Highway 84t"Ave S Preservation Project Akana (CONSULTANT)will provide professional Construction Management(CM)Services for KBA on the Kent East Valley Highway 84th Ave S Preservation Project for the City of Kent(CITY).These services will include, contract administration,as required during the"Kent East Valley Highway 84th Ave S Preservation Project". All services will be provided in accordance with City of Kent standards, and the Washington State Department of Transportation's (WSDOT) Local Agency Guidelines and Construction Manual. Consultant will be providing A contract admin (Proposed Sue Timm) on a Part time basis to assist in the performance of the duties listed below. Project Description The project includes construction of the Kent East Valley Highway 84th Ave S Preservation Project.The project scope is estimated to take 90 working days, and the work is commensurate with other preservation projects.This project will follow WSDOT lag manual requirements. Work Breakdown Structure by Tasks 100 Pre-Construction Services: 101 CONSULTANT will review bid documents to become familiar with the project. 102 CONSULTANT will prepare hard-copy and electronic files for project documentation. 103 CONSULTANT will prepare Project Templates for: A. Design Changes B. Change Orders and Change Order Justifications C. Case Log and Case Log Files D. Pay Estimates, including Ledger E. Coordination Meeting Agendas, Minutes and Sign-In Sheets 104 CONSULTANT will prepare Project Logs for tracking: A. Design Changes B. Change Orders C. Requests for Information(RFI) D. Submittals E. Employment Documentation 105 CONSULTANT will prepare for a Pre-Construction meeting. Duties will include: A. Assisting in the Preparation of an agenda draft B. Developing an attendees list with input from CITY. C. Preparing Meeting Minutes,sending them to KBA for review/comments, revising them per comments and distributing them to attendees and affected stakeholders. 106 CONSULTANT will prepare a monthly CONSULTANT progress invoices for KBA review and payment. Under the provisions of this contract a total of 8 invoices shall be prepared and presented to KBA. 200 Construction Management Administration: 201 CONSULTANT will prepare a Progress Pay Estimates for work performed by Contractor. Under the provisions of this contract up to a total (5) Pay Estimates shall be prepared. These will be completed once KBA and Contractor have reached agreement on estimate quantities. 202 CONSULTANT will monitor Contractor and Sub-Contractor's employment documentation for adherence to contract requirements. Monitoring will include: A. Maintaining Employment Documentation Log. B. Collecting, reviewing,and approving(or rejecting) Requests to Sublet. C. Collecting Certified Payrolls to verify 10%that they meet contract wage requirements. D. Collecting Statements of Intent to pay prevailing wages. E. Collecting Affidavits of Wages Paid. 1 F. Maintenance of documentation logs, including RFIs,Submittals G. Assist in maintaining ROM H. Maintain DBE tracking log I. Maintain Force Account Log J. Assist in maintaining Change Order log see below K. Assist with preparation of contractor's monthly pay applications 203 The CONSULTANT will update the RFI Log as RFIs are submitted and resolved. 204 CONSULTANT will track issues that may eventually have impacts to the project budget or schedule. These issues will be documented. Information included in the Log will be: A. An assigned number that will be used to track each issue separately. B. The date the issue became known. C. A description of the issue. D. An estimate of the lowest cost necessary to resolve the issue. If resolution creates an overall decrease to the budget,this amount would be negative. E. An estimate of the highest cost necessary to resolve the issue. F. An estimate of the issue's impact on Working Days. G. A summary of project documents that relate to the issue. H. Comments relating to the issue. 205 CONSULTANT will assist KBA to prepare Change Orders A. Maintaining the Change Order Log. 300 Construction Services-Field: Working Days 90 and 50 suspension days. 400 Materials: KBA shall perform a preliminary review of submittals. 401 CONSULTANT will update the Submittal list as submittals are rejected,approved,or conditionally approved as well as when test results are obtained. 500 Project Completion: Assist the CITY with the close-out of the project. Items of work include the following: 501 This includes up to(2) Project Closeout Meetings. The CONSULTANT will prepare and distribute the agendas and minutes. 502 CONSULTANT will coordinate with the Contractor to obtain all outstanding project documentation. 503 CONSULTANT will prepare the Final Pay Estimate and Voucher. Prior to being issued to the Contractor, drafts of these items will be routed to KBA for review/approval. 504 CONSULTANT will review the project records to verify that they are complete. This will be a last check before hard-copy files are transferred to the CITY. 505 Attend a wrap up meeting with the CITY. Deliverables/Schedule: Cause the Review and process according the WSDOT 2023 Standard Specifications. The goal of all submittal reviews is to be returned to the CC within 3 to 5 days. a. 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. 2 b. Any opinions of probable construction cost provided by the Consultant will be on the basis of experience and professional judgment. 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. c. 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. d. 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. 800 Optional Field Services: Upon written approval from KBA,the CONSULTANT shall provide engineering services beyond the work identified above. Services may include the addition of new tasks;additional working days added to the contract or increasing the work effort of the engineering services as directed by the CITY. Such work shall be specified in a written Supplement to this Agreement. Additional work elements for consideration and recommended by the Consultant include: Optional services may include:additional work caused by extension of contract time due to Non-Working Days or schedule delays,additional project meetings,,document printing and overtime due to the contractor working weekends. Assumptions Cont: • This scope and fee does not include construction support services during non-working or suspension days. A Non-Working Day is defined in the WSDOT Standard Specifications as "...unworkable because of weather or conditions caused by the weather that prevents satisfactory and timely performance of the work shown on the critical path of the Contractor's approved schedule." If the contract amount under this agreement is exceeded,the CONSULTANT may request a supplement to cover the costs incurred from work completed on Non-Working Days. • Construction will take no more than 90 working days.With 50 days of suspension • The Contractor will be responsible for environmental documentation requirements. • No Overtime has been estimated. • Assume the contractor will work 8:00 am to 5:00pm,working a 40 hour week,8 hours a day, I shift. • Office space for Consultant will be provided by the Contractor. • Consultant will provide vehicle and fuel,cell phone,standard safety wear and laptop computer. • Mileage for CA,assume 20 ca x trips @ 80 miles Deliverables bV Task: • 100 Pre-Construction Services 0 104 Prepare hard copy and electronic file for project documentation 0 105 Prepare Project Templates (Design Changes, Change orders, Case Logs, Pay Estimates and ledger, Forecasted cost of Completion) 0 106 Prepare Project Logs (Design Changes, Change orders, RFI's, Submittals, Materials on Hand, Employment) 0 107 Pre-construction meeting agenda,sign-in sheet and minutes 3 0 109 (8)CONSULTANT Progress Invoices • 200 Construction Management Administration 0 201 Up to(5) Pay Estimates 0 203 Employment documentation and tracking log for Contractor and Sub-Contractors 0 204 RFI responses and RFI Log 0 205 Issue Log 0 206, CO Log • 300 Construction Services—Field 0 301 none • 400 Materials 0 none • 500 Project Completion 0 501 Meeting agendas,sign-in sheets and minutes for up to(2)close-out meetings 0 502 Final Pay Estimate and Voucher 0 503 Hard-copies of project files 0 504 Attend Wrap up meeting • 800 Additional Services 4 Exhibit F - Title VI Assurances Appendix A & E APPENDIX A During the performance of this contract, the contractor, for itself, its assignees, and successors in interest(hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations: The contractor(hereinafter includes consultants)will comply with the Acts and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, (Federal Highway Administration), as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Non-discrimination: The contractor,with regard to the work performed by it during the contract,will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity,project, or program set forth in Appendix B of 49 CFR Part 21. [Include Washington State Department of Transportation specific program requirements.] 3. Solicitations for Subcontracts,Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, or national origin. [Include Washington State Department of Transportation specific program requirements.] 4. Information and Reports: The contractor will provide all information and reports required by the Acts,the Regulations, and directives issued pursuant thereto and will permit access to its books,records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the (Federal Highway Administration) to be pertinent to ascertain compliance with such Acts,Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the Recipient or the (Federal Highway Administration), as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non- discrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the (Federal Highway Administration) may determine to be appropriate, including,but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the (Federal Highway Administration) may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. Local Agency A&E Professional Services Agreement Number LA-10626 Negotiated Hourly Rate Consultant Agreement Revised 0713012021 Exhibit F - Title VI Assurances Appendix A & E APPENDIX E During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems,places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs,policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency(LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). Local Agency A&E Professional Services Agreement Number LA-10626 Negotiated Hourly Rate Consultant Agreement Revised 0713012021 Exhibit G Certification Document Exhibit G-1(a) Certification of Consultant Exhibit G-1(b) Certification of Agency Official 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 Exhibit G-4 Certificate of Current Cost or Pricing Data Local Agency A&E Professional Services Agreement Number LA-10626 Negotiated Hourly Rate Consultant Agreement Revised 0713012021 Exhibit G-1(a) Certification of Consultant I hereby certify that I am the and duly authorized representative of the firm of KBA,Inc. whose address is 11201 SE 8th Street,Bellevue,WA 98004 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 City of Kent 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. KBA, Inc. Consultant(Firm Name) e' o 10/13/2023 Signature(Authorized Official of Consultant) Date Local Agency A&E Professional Services Agreement Number LA-10626 Negotiated Hourly Rate Consultant Agreement Revised 0713012021 Exhibit G-1(b) Certification of City of Kent l hereby certify that I ani the: K❑ Agency Official ❑ Other of the City of Kent , and KSA,Inc. 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): l acknowledge that this certificate is to be furnished to the City of Kent 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. 10/27/2023 Signature Date LA-10626 Local Agency ACE Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012021 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. KBA,Inc. Consultant(Firm Name) 7��_11f- 10/23/2023 Signature(Authorized Official of Consultant) Date Local Agency A&E Professional Services Agreement Number LA-10626 Negotiated Hourly Rate Consultant Agreement Revised 0713012021 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 cooperativeAGREEMENT. 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. KBA,Inc. Consultant(Firm Name) o 10/13/2023 Signature(Authorized Official of Consultant) Date Local Agency A&E Professional Services Agreement Number LA-10626 Negotiated Hourly Rate Consultant Agreement Revised 0713012021 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 84th Avenue South(East Valley Highway)Preservation-S.212th Street to S 196th Street *are accurate, complete, and current as of September 29, 2023 **. 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: KBA,Inc. O President Signature Title Date of Execution 10/13/2023 ***: *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. LA-10626 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012021 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 theAgency'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. LA-10626 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0713012021 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 Local Agency A&E Professional Services Agreement Number LA-10626 Negotiated Hourly Rate Consultant Agreement Revised 0713012021 KENT WASH IN G T O N DATE: October 3, 2023 TO: Kent City Council SUBJECT: Consultant Services Agreement with KBA, Inc. for East Valley Highway - Authorize MOTION: Move to authorize the Mayor to sign the Consultant Services Agreement with KBA, Inc. in the amount of $401,453, subject to final terms and conditions acceptable to the Public Works Director and City Attorney. SUMMARY: The 84th Avenue South (East Valley Highway) Preservation - South 212th Street to South 196th Street project is a federally funded project to replace failing asphalt pavement with new concrete pavement at the north and southbound approaches to South 212th Street, along with milling and replacing existing asphalt pavement and improving ADA curb ramps between South 212th Street and South 196th Street on East Valley Highway. The consultant contract is needed to provide contract administration, construction management, quality control, and inspection on this federally funded project. Through the selection process, following WSDOT Local Agency Guidelines, the City selected KBA, Inc. to provide these services, while City staff manage existing construction projects. BUDGET IMPACT: This project will be paid for using a combination of Federal Highway grant and Street funds. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. ATTACHMENTS: 1. 84th Ave S (EVH) Preservation - S 212th Agreement (PDF) 09/19/23 Committee of the Whole MOTION PASSES RESULT: MOTION PASSES [UNANIMOUS]Next: 10/3/2023 7:00 PM MOVER: Brenda Fincher, Councilmember SECONDER: Les Thomas, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas