HomeMy WebLinkAboutCity Council Committees - Public Works Committee - 07/02/2018
Unless otherwise noted, the Public Works Committee meets at 4 p.m. on the first and third
Mondays of each month in the Kent City Hall, Council Chambers East, 220 Fourth Avenue
South, Kent, WA 98032.
For additional information please contact Public Works Administration at 253 -856-5500, or
email Cheryl Viseth at CViseth@KentWA.gov.
Any person requiring a disability accommodation should contact the City Clerk’s Office at
253-856-5725 in advance. For TDD relay service call W ashington Telecommunications Relay
Service at 7-1-1.
Public Works Committee
Agenda
Chair - Dennis Higgins
Councilmembers - Brenda Fincher, Toni Troutner
Tim LaPorte, PE
Monday, July 2, 2018
4:00 p.m.
Item Description Action Speaker Time
1. Call to Order Chair 01 MIN.
2. Roll Call Chair 01 MIN.
3. Changes to the Agenda Chair 01 MIN.
4. Minutes of June 18, 2018 YES 05 MIN.
5. Consultant Agreement with KBA
for East Valley Highway
Preservation Project
YES Eric Connor,
Construction
Engineering Manager
05 MIN.
6. Info Only/ LID 363: S 224th St
Improvements 84th Ave S to
88th Ave S – Project Update
NO Jason Bryant 10 MIN.
7. Information Only/James Street
Pavement Rehabilitation (Central
Ave N to Clark Ave N.)
NO Jason Barry 10 MIN.
8. Info Only/Landsburg Mine
Update
NO Mike Mactutis 10 MIN.
9. Info Only/S 228th St Right-of-
Way Financing
NO Tim LaPorte P.E., Public
Works Director
10 MIN.
10. Quiet Zone Update NO Chad Bieren 05 MIN.
11. Adjournment Chair 01 MIN.
PUBLIC WORKS COMMITTEE
Tim LaPorte, PE
220 Fourth Ave S
Kent, WA 98032
253-856-5500
DATE: July 2, 2018
TO: Public Works Committee
SUBJECT: Minutes of June 18, 2018
ATTACHMENTS:
1. 4 APg Minutes dated June 18 2018 (PDF)
4
Packet Pg. 2
PUBLIC WORKS COMMITTEE June 18, 2018
Minutes City of Kent, WA
Pending Approval
Date: June 18, 2018
Time: 4:00 p.m.
Place: Chambers East
1. Call to Order: The meeting was called to order at 4:05 p.m. by Committee
member Higgins.
2. Roll Call: Dennis Higgins, Committee Chair and Committee members Brenda
Fincher and Toni Troutner were present.
Absent:
3. Changes to the Agenda:
4. Approval of Minutes, Dated June 4, 2018
Committee member Troutner MOVED to approve the Minutes of June 4, 2018.
The motion was SECONDED by Committee member Fincher. The motion PASSED
3-0.
5. Parking Ordinance - Recommend
Kelly Peterson, Transportation Manager noted that residents in the Laurel Springs, Ceder
Point and Shadowbrook Ridge neighborhoods have contacted the city about narrow
residential streets. Kent Design and Construction Standards limit parking to one side of the
street unless the roadway width is at least 32-feet. This proposal would revise the city code
to create new parking restrictions in these neighborhoods. These restrictions address
concerns brought to the attention of the city by these neighborhoods and the Fire Marshal.
Committee member Fincher MOVED to recommend Council approve
amendments to the Kent Parking Ordinance Chapter 9.38, limiting parking to
one side of the street in the Laurel Springs, Ceder Point and Shadowbrook Ridge
neighborhoods to be consistent with adopted Kent Design and Construction
Standards. The motion was SECONDED by Committee member Troutner. The
motion PASSED 3-0.
6. Roundabout at Willis Street & 4th Ave S - Recommend
Kelly Peterson AICP, Transportation Manager noted that Kent owns the Naden site between
SR167 and the Interurban Trail and that access to the Naden property is currently limited to
Meeker Street to the north. The Washington State Department of Transportation (WSDOT)
owns the access rights to Willis Street from Washington Avenue east to 4th Avenue South.
WSDOT has granted preliminary approval of a right in/right out access from the Naden site
to Willis Street provided the city pursue the installation of a roundabout at 4th Avenue and
Willis Street.
4.a
Packet Pg. 3
At
t
a
c
h
m
e
n
t
:
4
A
P
g
M
i
n
u
t
e
s
d
a
t
e
d
J
u
n
e
1
8
2
0
1
8
(
1
2
9
8
:
M
i
n
u
t
e
s
o
f
J
u
n
e
1
8
,
2
0
1
8
)
Peterson noted that staff has included the 4th Avenue and Willis Street Roundabout in the
2018-2023 Transportation Improvement Plan. The City also pursued funding options through
the state legislature. The Washington State 2018 Supplemental Transportation Budget
included $3 Million for the design and construction of a roundabout at 4th Avenue and Willis
Street.
Perry Sobolik – 735 3rd Ave S questioned why a roundabout on 4th and Willis and not at
74th and Willis. He is concerned about pedestrian safety, emergency vehicle response
time how will it affect traffic when the Union Pacific and Burlington Northern are backing
up traffic? Committee Chair Higgins gave Mr. Sobolik an example of a similar roundabout
in Covington and noted that it works efficiently. Mr. Sobolik also asked how long
construction would take. Chair Higgins thanked Mr. Sobolik for his comments and said
that he feels a lot of the questions will be addressed in the design phase of this project
and that he feels it will be an improvement.
Committee member Troutner MOVED to recommend Council authorize the Mayor
to sign documents necessary to accept $3 Million in funds from the Washington
State Department of Transportation for construction of a roundabout at Willis
Street (SR516) and 4th Ave. S., subject to terms and conditions acceptable to
the Public Works Director and the City Attorney. The motion was SECONDED by
Committee member Fincher. The motion PASSED 3-0.
7. Lease Agreement with NC Machinery for an Excavator - Recommend
Ron Green, Fleet Manager noted that the Street Department concrete crew has been
renting a Caterpillar 308 mini-excavator that is necessary for its daily work. They can use
this equipment year-round.
The concrete crew uses the excavator to remove large concrete sidewalk panels, load
debris into dump trucks, excavate and prepare sites for new sidewalks and concrete slab
work. This is a critical piece of equipment in their operations and provides them with the
best and most effective method to complete their job tasks.
The Municipal Lease/Purchase program would save $1,409 per month with the benefit of
owning the machine at end of the lease agreement.
Committee member Fincher MOVED to recommend Council authorize the
Mayor to sign a Lease to Purchase Agreement with NC Machinery for a new
Caterpillar 308E2 mini-excavator in an amount not to exceed $174,000 over
5 years, subject to final terms and conditions acceptable to the City Attorney
and Public Works Director. The motion was SECONDED by Committee
member Troutner. The motion PASSED 3-0.
8. Information Only/Residential Traffic Calming
Dan Hansen, Traffic Engineer III noted that the Residential Traffic Calming Program
(RTCP) was adopted in 2009 via Resolution 1817. The RTCP was designed to address
excessive traffic speeds and volumes on residential streets.
Since the last update to the Committee in September of 2017, 19 new RTCP requests
have been submitted, 19 traffic studies have been completed, with 13 locations showing
85th percentile speeds of less than 10 MPH over the speed limit and 6 locations showing
85th percentile speeds at or near 10 MPH over the posted speed limit. Staff has or will be
contacting these neighborhoods to determine interest in participating in a speed watch
program to help change driving behavior, which is the next step in the program.
4.a
Packet Pg. 4
At
t
a
c
h
m
e
n
t
:
4
A
P
g
M
i
n
u
t
e
s
d
a
t
e
d
J
u
n
e
1
8
2
0
1
8
(
1
2
9
8
:
M
i
n
u
t
e
s
o
f
J
u
n
e
1
8
,
2
0
1
8
)
Hansen noted that he is currently working on 18 new RTCP requests.
9. Information Only – Sound Transit Agreements
Hayley Bonsteel AICP, Long Range Planning Manager gave a quick overview of progress
to date.
10. Information Only/Asset Management System Update
Melissa Janson, IT Project Manager and Levin Conway, Technical Systems Analyst noted
that the existing asset management software Hansen has been in place since 1995 and
has surpassed its lifecycle. The proposed replacement will include system requirements
that enable a mobile, GIS-centric structure that can integrate with the City’s current
software infrastructure with the goal to streamline workflows and eliminate steps to
improve efficiency.
11. Information Only/S 228th Street Corridor Union Pacific Railroad Overpass
Update on the Right-of-Way Acquisition
Christina Schuck, Civil Attorney noted that a possession and use agreement has been
signed with Pacific Power, which was the last property right necessary to construct the
Union Pacific/S 228th Street project. The next step is to go through the right of way
certification process which is needed to get approval to advertise from the Washington
State Department of Transportation (WSDOT).
11. Information Only/Quiet Zone Update
Chad Bieren P.E., Deputy Director / City Engineer noted the following:
• The Union Pacific Railroad has started construction of the Constant Warning Time
installation on Meeker Street
• City staff submitted Grade Crossing Protective Fund grant applications to the
Washington Utilities and Transportation Commission (UTC)
• Submitted a draft to the UTC Grade Crossing Petition to Washington State
Department of Transportation (WSDOT) for review and comment on the Union
Pacific Railroad (UPRR) crossing on Willis Street
• Staff met with the UPRR and WSDOT to discuss the UTC Grade Crossing Petition
and the Federal Rail Administration (FRA) Notice of Intent
• Based on the meeting with WSDOT, the UTC directed staff to prepare revised
crossing modification documents
• The FRA has been contacted to request confirmation about alternative safety
measures prior to the notice of intent being submitted
• Staff continues to work on then Notice of Intent (NOI) to establish the Quiet Zone
to submit to the FRA
Other:
Bill Doolittle shared that the underlighting at the SR167 Meeker Street underpass doesn’t
do a very good job of illuminating the sidewalk. Mr. Doolittle also noted that the UPRR
crossing on Smith Street is the smoothest crossing in town.
Adjournment: At 5:25 p.m., Committee Chair Higgins declared the meeting adjourned.
Cheryl Viseth,
Committee Secretary
4.a
Packet Pg. 5
At
t
a
c
h
m
e
n
t
:
4
A
P
g
M
i
n
u
t
e
s
d
a
t
e
d
J
u
n
e
1
8
2
0
1
8
(
1
2
9
8
:
M
i
n
u
t
e
s
o
f
J
u
n
e
1
8
,
2
0
1
8
)
PUBLIC WORKS COMMITTEE
Tim LaPorte, PE
220 Fourth Ave S
Kent, WA 98032
253-856-5500
DATE: July 2, 2018
TO: Public Works Committee
SUBJECT: Consultant Agreement with KBA for East Valley Highway
Preservation Project
MOTION:
Move to recommend Council authorize the Mayor to sign a contract with
KBA Inc., for construction contract administration, management, quality
control, and inspection for the East Valley Highway Pavement
Preservation, S 180th St to S 196th St project in the amount of $167,350,
subject to final terms and conditions acceptable to the City Attorney and
Public Works Director.
SUMMARY:
The East Valley Highway Pavement Preservation project is located on East Valley
Highway from S 180th St to S 196th St. This is a federally funded project that will
provide new paving, channelization, and curb ramps on East Valley Highway.
This consultant contract is needed to provide a Resident Engineer and Contract
Administrator to perform contract administration, construction management, quality
control, and inspection on this federally funded project. Through our selection
process following WSDOT LAG Manual guidelines we have selected KBA, Inc. to
provide this Resident Engineer and Contract Administrator in addition to a
subconsultant to provide materials testing. City staff are currently assigned other
projects, requiring additional resources for this project.
BUDGET IMPACT:
The project will be paid for using a Puget Sound Regional Council Grant, and
Business and Occupation Funds.
ATTACHMENTS:
1. EVH - LA-9212 - KBA LP_AEPSNegotiatedHourlyRate (PDF)
5
Packet Pg. 6
Page 1 of 14 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement
Revised 11/01/2017
Local Agency A&E Professional Services
Negotiated Hourly Rate Consultant Agreement
Agreement Number:
Firm/Organization Legal Name (do not use dba’s):
Address Federal Aid Number
UBI Number Federal TIN or SSN Number
Execution Date Completion Date
1099 Form Required
Yes No
Federal Participation
Yes No
Project Title
Description of Work
Yes No DBE Participation
Yes No MBE Participation
Yes No WBE Participation
Yes No SBE Participation
Maximum Amount Payable:
Index of Exhibits
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit H
Exhibit I
Exhibit J
Scope of Work
DBE Participation/SBE Plan
Preparation and Delivery of Electronic Engineering and Other Data
Prime Consultant Cost Computations
Sub-consultant Cost Computations
Title VI Assurances
Certification Documents
Liability Insurance Increase
Alleged Consultant Design Error Procedures
Consultant Claim Procedures Agreement Number:
NA
NA
NA
5.a
Packet Pg. 7
At
t
a
c
h
m
e
n
t
:
E
V
H
-
L
A
-
9
2
1
2
-
K
B
A
L
P
_
A
E
P
S
N
e
g
o
t
i
a
t
e
d
H
o
u
r
l
y
R
a
t
e
(
1
2
9
7
:
C
o
n
s
u
l
t
a
n
t
A
g
r
e
e
m
e
n
t
w
i
t
h
K
B
A
f
o
r
E
a
s
t
V
a
l
l
e
y
H
i
g
h
w
a
y
Page 2 of 14 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement
Revised 11/01/2017
THIS AGREEMENT, made and entered into as shown in the “Execution Date” box on page one (1) of this
AGREEMENT, between the ,
hereinafter called the “AGENCY,” and the “Firm / Organization Name” referenced on page one (1) of this
AGREEMENT, hereinafter called the “CONSULTANT.”
WHEREAS, the AGENCY desires to accomplish the work referenced in “Description of Work” on page one (1)
of this AGREEMENT and hereafter called the “SERVICES;” and does not have sufficient sta f 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.
Agreement Number:
5.a
Packet Pg. 8
At
t
a
c
h
m
e
n
t
:
E
V
H
-
L
A
-
9
2
1
2
-
K
B
A
L
P
_
A
E
P
S
N
e
g
o
t
i
a
t
e
d
H
o
u
r
l
y
R
a
t
e
(
1
2
9
7
:
C
o
n
s
u
l
t
a
n
t
A
g
r
e
e
m
e
n
t
w
i
t
h
K
B
A
f
o
r
E
a
s
t
V
a
l
l
e
y
H
i
g
h
w
a
y
Page 3 of 14 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement
Revised 11/01/2017
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 absents of a mandatory UDBE, a voluntary SBE goal amount of ten percent of the Consultant Agreement is
established. The Consultant shall submit 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 involved with this
AGREEMENT into the wsdot.diversitycompliance.com program. Payment information shall identify any DBE
Participation. Non-minority, woman owned DBEs does not count towards UDBE goal attainment.
All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned.
All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit “C –
Preparation and Delivery of Electronic Engineering and other Data.”
All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared
by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for
these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or
on behalf of the AGENCY of any such instruments of service, not occurring as a part of this SERVICE, shall
be without liability or legal exposure to the CONSULTANT.
Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other
party by (i) certified mail, return receipt requested, or (ii) by email or facsimile, to the address set forth below:
If to AGENCY:
Name:
Agency:
Address:
City: State: Zip:
Email:
Phone:
Facsimile:
If to CONSULTANT:
Name:
Agency:
Address:
City: State: Zip:
Email:
Phone:
Facsimile:
IV.Time for Beginning and Completion
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by
the AGENCY. All work under this AGREEMENT shall conform to the criteria agreed upon detailed in the
AGREEMENT documents. These SERVICES must be completed by the date shown in the heading of this
AGREEMENT titled “Completion Date.”
The established completion time shall not be extended because of any delays attributable to the CONSULTANT,
but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of
unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the
CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the established
completion time.
Agreement Number:
5.a
Packet Pg. 9
At
t
a
c
h
m
e
n
t
:
E
V
H
-
L
A
-
9
2
1
2
-
K
B
A
L
P
_
A
E
P
S
N
e
g
o
t
i
a
t
e
d
H
o
u
r
l
y
R
a
t
e
(
1
2
9
7
:
C
o
n
s
u
l
t
a
n
t
A
g
r
e
e
m
e
n
t
w
i
t
h
K
B
A
f
o
r
E
a
s
t
V
a
l
l
e
y
H
i
g
h
w
a
y
Page 4 of 14 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement
Revised 11/01/2017
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 Fixed 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 fixed 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 t
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 fixed 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 fixed fee (profit) percentage. The CONSULTANT
shall bill each employee’s actual classification, and actual salary plus indirect cost rate plus fixed fee.
Agreement Number:
5.a
Packet Pg. 10
At
t
a
c
h
m
e
n
t
:
E
V
H
-
L
A
-
9
2
1
2
-
K
B
A
L
P
_
A
E
P
S
N
e
g
o
t
i
a
t
e
d
H
o
u
r
l
y
R
a
t
e
(
1
2
9
7
:
C
o
n
s
u
l
t
a
n
t
A
g
r
e
e
m
e
n
t
w
i
t
h
K
B
A
f
o
r
E
a
s
t
V
a
l
l
e
y
H
i
g
h
w
a
y
Page 5 of 14 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement
Revised 11/01/2017
B.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.
C.Maximum Amount Payable: The Maximum Amount Payable by the AGENCY to the CONSULTANT under this
AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one (1.) The
Maximum Amount Payable does not include payment for extra work as stipulated in section XIII, “Extra Work.”
No minimum amount payable is guaranteed under this AGREEMENT.
D.Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in A
and B above. The monthly billings shall be supported by detailed statements 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.
E.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 th
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 s
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
F.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 fina 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.
Agreement Number:
5.a
Packet Pg. 11
At
t
a
c
h
m
e
n
t
:
E
V
H
-
L
A
-
9
2
1
2
-
K
B
A
L
P
_
A
E
P
S
N
e
g
o
t
i
a
t
e
d
H
o
u
r
l
y
R
a
t
e
(
1
2
9
7
:
C
o
n
s
u
l
t
a
n
t
A
g
r
e
e
m
e
n
t
w
i
t
h
K
B
A
f
o
r
E
a
s
t
V
a
l
l
e
y
H
i
g
h
w
a
y
Page 6 of 14 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement
Revised 11/01/2017
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 fixed 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 acknowledgement between the parties
All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require
each sub-consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With
respect to sub-consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE’s
Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011.
The CONSULTANT, sub-recipient, or sub-consultant shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the
CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the
termination of this AGREEMENT or such other remedy as the recipient deems appropriate.
VII.Employment and Organizational Conflict of Interest
The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona
fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or
agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any
fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the
award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul
this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration
or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work
or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the
CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen’s
Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made
by a third party as a consequence of any act or omission on the part of the CONSULTANT’s employees or other
persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation
and responsibility of the CONSULTANT.
The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this
AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this
AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly
retired employees, without written consent of the public employer of such person if he/she will be working on this
AGREEMENT for the CONSULTANT.
Agreement Number:
5.a
Packet Pg. 12
At
t
a
c
h
m
e
n
t
:
E
V
H
-
L
A
-
9
2
1
2
-
K
B
A
L
P
_
A
E
P
S
N
e
g
o
t
i
a
t
e
d
H
o
u
r
l
y
R
a
t
e
(
1
2
9
7
:
C
o
n
s
u
l
t
a
n
t
A
g
r
e
e
m
e
n
t
w
i
t
h
K
B
A
f
o
r
E
a
s
t
V
a
l
l
e
y
H
i
g
h
w
a
y
Page 7 of 14 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement
Revised 11/01/2017
VIII.Nondiscrimination
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub-consultants,
subcontractors and successors in interest, agrees to comply with the following laws and regulations:
•Title VI of the Civil Rights Act of 1964
(42 U.S.C. Chapter 21 Subchapter V § 2000d
through 2000d-4a)
•Federal-aid Highway Act of 1973
(23 U.S.C. Chapter 3 § 324)
•Rehabilitation Act of 1973
(29 U.S.C. Chapter 16 Subchapter V § 794)
•Age Discrimination Act of 1975
(42 U.S.C. Chapter 76 § 6101 et. seq.)
•Civil Rights Restoration Act of 1987
(Public Law 100-259)
•American with Disabilities Act of 1990
(42 U.S.C. Chapter 126 § 12101 et. seq.)
•23 CFR Part 200
•49 CFR Part 21
•49 CFR Part 26
•RCW 49.60.180
In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit “F”
attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit “F” in
every sub-contract, including procurement of materials and leases of equipment, unless exempt by the Regulations
or directives issued pursuant thereto.
IX.Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten
(10) days written notice to the CONSULTANT.
In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the
CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged at the time of
termination of this AGREEMENT, plus any direct non-salary costs incurred up to the time of termination of this
AGREEMENT.
No payment shall be made for any SERVICES completed after ten (10) days following receipt by the
CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice
of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this
section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for
any excess paid.
If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT,
the above formula for payment shall not apply.
In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the
AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES
to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to
date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of
termination, the cost to the AGENCY of employing another firm to complete the SERVICES required and the time
which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES
performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the
amount, which would have been made using the formula set forth in paragraph two (2) of this section.
If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT’s failure to
perform is without the CONSULTANT’s or its employee’s fault or negligence, the termination shall be deemed to
be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed
for actual costs in accordance with the termination for other than default clauses listed previously.
Agreement Number:
5.a
Packet Pg. 13
At
t
a
c
h
m
e
n
t
:
E
V
H
-
L
A
-
9
2
1
2
-
K
B
A
L
P
_
A
E
P
S
N
e
g
o
t
i
a
t
e
d
H
o
u
r
l
y
R
a
t
e
(
1
2
9
7
:
C
o
n
s
u
l
t
a
n
t
A
g
r
e
e
m
e
n
t
w
i
t
h
K
B
A
f
o
r
E
a
s
t
V
a
l
l
e
y
H
i
g
h
w
a
y
Page 8 of 14 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement
Revised 11/01/2017
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 i 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
Agreement Number:
5.a
Packet Pg. 14
At
t
a
c
h
m
e
n
t
:
E
V
H
-
L
A
-
9
2
1
2
-
K
B
A
L
P
_
A
E
P
S
N
e
g
o
t
i
a
t
e
d
H
o
u
r
l
y
R
a
t
e
(
1
2
9
7
:
C
o
n
s
u
l
t
a
n
t
A
g
r
e
e
m
e
n
t
w
i
t
h
K
B
A
f
o
r
E
a
s
t
V
a
l
l
e
y
H
i
g
h
w
a
y
Page 9 of 14 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement
Revised 11/01/2017
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 la , Title 51
RCW. This waiver has been mutually negotiated by the Parties.
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.
Agreement Number:
5.a
Packet Pg. 15
At
t
a
c
h
m
e
n
t
:
E
V
H
-
L
A
-
9
2
1
2
-
K
B
A
L
P
_
A
E
P
S
N
e
g
o
t
i
a
t
e
d
H
o
u
r
l
y
R
a
t
e
(
1
2
9
7
:
C
o
n
s
u
l
t
a
n
t
A
g
r
e
e
m
e
n
t
w
i
t
h
K
B
A
f
o
r
E
a
s
t
V
a
l
l
e
y
H
i
g
h
w
a
y
Page 10 of 14 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement
Revised 11/01/2017
Insurance Coverage
A.Worker’s compensation and employer’s liability insurance as required by the STATE.
B.Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with minimum
limits of one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) in the
aggregate for each policy period.
C.Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage for
any “Auto” (Symbol 1) used in an amount not less than a one million dollar ($1,000,000.00) combined single
limit for each occurrence.
Excepting the Worker’s Compensation Insurance and any Professional Liability Insurance, the STATE and
AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub-
consultant and/or subcontractor as an additional insured (the “AIs”), with no restrictions or limitations concerning
products and completed operations coverage. This coverage shall be primary coverage and non-contributory and
any coverage maintained by the AIs shall be excess over, and shall not contribute with, the additional insured
coverage required hereunder. The CONSULTANT’s and the sub-consultant’s and/or subcontractor’s insurer shall
waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with
verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to
require complete, certified copies of all required insurance policies at any time
All insurance shall be obtained from an insurance company authorized to do business in the State of Washington.
The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the
execution of this AGREEMENT to:
Name:
Agency:
Address:
City: State: Zip:
Email:
Phone:
Facsimile:
No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY.
The CONSULTANT’s professional liability to the AGENCY, including that which may arise in reference to
section IX “Termination of Agreement” of this AGREEMENT, shall be limited to the accumulative amount of the
authorized AGREEMENT or one million dollars ($1,000,000.00), whichever is greater, unless the limit of liability
is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT’s professional liability to
third parties be limited in any way.
The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third part ,
and no third party beneficiary is intended or created by the execution of this AGREEMENT.
The AGENCY will pay no progress payments under section V “Payment Provisions” until the CONSULTANT has
fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is
available to it under other provisions of this AGREEMENT, or otherwise in law.
Agreement Number:
5.a
Packet Pg. 16
At
t
a
c
h
m
e
n
t
:
E
V
H
-
L
A
-
9
2
1
2
-
K
B
A
L
P
_
A
E
P
S
N
e
g
o
t
i
a
t
e
d
H
o
u
r
l
y
R
a
t
e
(
1
2
9
7
:
C
o
n
s
u
l
t
a
n
t
A
g
r
e
e
m
e
n
t
w
i
t
h
K
B
A
f
o
r
E
a
s
t
V
a
l
l
e
y
H
i
g
h
w
a
y
Page 11 of 14 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement
Revised 11/01/2017
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 fina
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 supplemen
to this AGREEMENT.
XIV.Endorsement of Plans
If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering
data furnished by them.
XV.Federal Review
The Federal Highway Administration shall have the right to participate in the review or examination of the
SERVICES in progress.
XVI.Certification of the Consultant and the Agency
Attached hereto as Exhibit “G-1(a and b)” are the Certifications of the CONSULTANT and the AGENCY, Exhibit
“G-2” Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered
Transactions, Exhibit “G-3” Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
and Exhibit “G-4” Certificate of Current Cost or Pricing Data. Exhibit “G-3” is required only in AGREEMENT’s
over one hundred thousand dollars ($100,000.00) and Exhibit “G-4” is required only in AGREEMENT’s over
five hundred thousand dollars ($500,000.00.) These Exhibits must be executed by the CONSULTANT, and
submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III “General
Requirements” prior to its performance of any SERVICES under this AGREEMENT.
XVII.Complete Agreement
This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the
parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or
be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or
modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement
to this AGREEMENT.
Agreement Number:
5.a
Packet Pg. 17
At
t
a
c
h
m
e
n
t
:
E
V
H
-
L
A
-
9
2
1
2
-
K
B
A
L
P
_
A
E
P
S
N
e
g
o
t
i
a
t
e
d
H
o
u
r
l
y
R
a
t
e
(
1
2
9
7
:
C
o
n
s
u
l
t
a
n
t
A
g
r
e
e
m
e
n
t
w
i
t
h
K
B
A
f
o
r
E
a
s
t
V
a
l
l
e
y
H
i
g
h
w
a
y
Page 12 of 14 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement
Revised 11/01/2017
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.
XIX.Protection of Confidentia 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 sha
be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT.
Agreement Number:
5.a
Packet Pg. 18
At
t
a
c
h
m
e
n
t
:
E
V
H
-
L
A
-
9
2
1
2
-
K
B
A
L
P
_
A
E
P
S
N
e
g
o
t
i
a
t
e
d
H
o
u
r
l
y
R
a
t
e
(
1
2
9
7
:
C
o
n
s
u
l
t
a
n
t
A
g
r
e
e
m
e
n
t
w
i
t
h
K
B
A
f
o
r
E
a
s
t
V
a
l
l
e
y
H
i
g
h
w
a
y
Page 13 of 14 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement
Revised 11/01/2017
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 t
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 la . If a
public disclosure request is made to view materials identified as “Proprietary and/or confidential information” o
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.
Agreement Number:
5.a
Packet Pg. 19
At
t
a
c
h
m
e
n
t
:
E
V
H
-
L
A
-
9
2
1
2
-
K
B
A
L
P
_
A
E
P
S
N
e
g
o
t
i
a
t
e
d
H
o
u
r
l
y
R
a
t
e
(
1
2
9
7
:
C
o
n
s
u
l
t
a
n
t
A
g
r
e
e
m
e
n
t
w
i
t
h
K
B
A
f
o
r
E
a
s
t
V
a
l
l
e
y
H
i
g
h
w
a
y
Page 14 of 14 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement
Revised 11/01/2017
For purposes of this AGREEMENT, “ESI” means any and all computer data or electronic recorded media of any
kind, including “Native Files”, that are stored in any medium from which it can be retrieved and examined, either
directly or after translation into a reasonably useable form. ESI may include information and/or documentation
stored in various software programs such as: Email, Outlook, Word, Excel, Access, Publisher, PowerPoint, Adobe
Acrobat, SQL databases, or any other software or electronic communication programs or databases that the
CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup
tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones, laptops or any other
electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any
personal devices used by the CONSULTANT or any sub-consultant at home.
“Native files” are a subset of ESI and refer to the electronic format of the application in which such ESI is normally
created, viewed, and /or modified
The CONSULTANT shall include this section XX “Records Maintenance” in every subcontract it enters into in
relation to this AGREEMENT and bind the sub-consultant to its terms, unless expressly agreed to otherwise in
writing by the AGENCY prior to the execution of such subcontract.
In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the
“Execution Date” box on page one (1) of this AGREEMENT.
Signature Date
Signature Date
Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office
of the Attorney General.
Agreement Number:
City of Kent
Dana Ralph, Mayor
5.a
Packet Pg. 20
At
t
a
c
h
m
e
n
t
:
E
V
H
-
L
A
-
9
2
1
2
-
K
B
A
L
P
_
A
E
P
S
N
e
g
o
t
i
a
t
e
d
H
o
u
r
l
y
R
a
t
e
(
1
2
9
7
:
C
o
n
s
u
l
t
a
n
t
A
g
r
e
e
m
e
n
t
w
i
t
h
K
B
A
f
o
r
E
a
s
t
V
a
l
l
e
y
H
i
g
h
w
a
y
Page 1 of 1 Exhibit A - Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement
Revised 11/01/2017
Exhibit A
Scope of Work
Project No.
Agreement Number:
5.a
Packet Pg. 21
At
t
a
c
h
m
e
n
t
:
E
V
H
-
L
A
-
9
2
1
2
-
K
B
A
L
P
_
A
E
P
S
N
e
g
o
t
i
a
t
e
d
H
o
u
r
l
y
R
a
t
e
(
1
2
9
7
:
C
o
n
s
u
l
t
a
n
t
A
g
r
e
e
m
e
n
t
w
i
t
h
K
B
A
f
o
r
E
a
s
t
V
a
l
l
e
y
H
i
g
h
w
a
y
KBA, Inc. June 15, 2018
S:\Projects\Contracts\Client\Kent\BP-18-030-01 Kent-E-Valley-Hwy\Drafts&NegotiationRecords\In-houseDrafts\Kent-EVH-DraftScope-v4-FINAL.docx 1 of 6
EXHIBIT A
SCOPE OF SERVICES
Construction Management Services
for
East Valley Highway Preservation – South 180th Street to South 196th Street
KBA, Inc. (Consultant) will provide Construction Management (CM) services to the City of Kent (Agency)
for the Project known as East Valley Highway Preservation – South 180th Street to South 196th Street.
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: Plane 47,000 sy of bituminous pavement, pave 6,700 tons of HMA Class ½”, PG
58V-22, reconstruct 24 curb ramps to ADA standards, install a video detection system, repair 275 sy of
sidewalks, 26,000 feet of temp pavement markings, and 13,000 feet of permanent channelization. The
City of Kent is the Designer of Record on this project (Designer).
I. CONSTRUCTION MANAGEMENT SERVICES
A. Consultant Contract Management. Provide overall day-to-day management of the
consultant contract and staff, including:
1. Decide, and use the best modes and frequency of communication with Agency and Designer.
Liaison and coordinate with Agency on a regular basis to discuss Project issues and status.
2. Review monthly expenditures and CM team scope activities. Prepare and submit to Agency
a monthly invoice and progress report showing work accomplished that month.
Deliverables
Monthly invoices and progress report
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.
Deliverables
Preconstruction Conference Notice, Agenda, and Notes
C. Construction Phase Services – Contract Administration
1. Coordinate with the Agency, construction contractor, appropriate agencies, adjacent property
owners, Utilities, and other Project stakeholders.
2. Provide the Agency with brief monthly construction progress reports, highlighting progress
and advising of issues that may 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 schedule
updates, when needed. Advise Agency of schedule changes.
5.a
Packet Pg. 22
At
t
a
c
h
m
e
n
t
:
E
V
H
-
L
A
-
9
2
1
2
-
K
B
A
L
P
_
A
E
P
S
N
e
g
o
t
i
a
t
e
d
H
o
u
r
l
y
R
a
t
e
(
1
2
9
7
:
C
o
n
s
u
l
t
a
n
t
A
g
r
e
e
m
e
n
t
w
i
t
h
K
B
A
f
o
r
E
a
s
t
V
a
l
l
e
y
H
i
g
h
w
a
y
KBA, Inc. June 15, 2018
S:\Projects\Contracts\Client\Kent\BP-18-030-01 Kent-E-Valley-Hwy\Drafts&NegotiationRecords\In-houseDrafts\Kent-EVH-DraftScope-v4-FINAL.docx 2 of 6
4. Progress Meetings. Conduct regular (usually weekly) progress meetings with the
construction contractor, including Agency pre-briefing. Prepare weekly meeting agenda and
meeting notes, and distribute copies to attendees. Track outstanding issues on a weekly
basis.
5. Facilitate submittal process. Track, review, or cause to be reviewed by others, 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. Provide and maintain Record of Materials indicating material approvals,
material compliance documentation, and materials testing requirements. Maintain records of
material compliance documentation received and advise Agency and construction contractor
of any known deficiencies.
7. Prepare Weekly Statement of Working Days and distribute to the construction contractor and
Agency.
8. Facilitate Request for Information (RFI) process. Track, review and evaluate, or cause to be
reviewed and evaluated by others. Facilitate 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 Progress Payments. Prepare monthly progress payments for review, approval, and
payment by the Agency. Review and resolve payment disputes with the construction
contractor before submitting to the Agency for payment.
11. 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
Contract Documents.
12. Notify construction contractor of work found to be in non-compliance with contract plans and
specifications.
13. Prevailing Wage Monitoring:
a. Provide one up to 4-hour orientation for construction contractor in data collection,
documentation, reporting, and file maintenance requirements.
b. Monitor Payroll Compliance. Review Statements of Intent to Pay Prevailing Wage
against the Contract Document requirements. Collect, record, and check weekly certified
payrolls, and conduct on-site wage interviews, both at a frequency documented in
accordance with the WSDOT Construction Manual and Agency guidelines.
14. Assist the Agency with the investigation of malfunctions or failures during construction.
15. Public Information. Provide information to the Agency for preparation of media
communications and public notices on Project status for inclusion into a Project website
and/or newsletters.
16. 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 the CM team. Use
these markups to check the progress of the Contractor-prepared Record Drawings.
17. 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. One hard copy of files will be kept in the Project field office.
b. Electronic documentation will be stored in a Project Website, using SharePoint software
managed and hosted by the Consultant. The Agency and the construction contractor will
be provided with SharePoint licenses for its use during the Project. Consultant will
5.a
Packet Pg. 23
At
t
a
c
h
m
e
n
t
:
E
V
H
-
L
A
-
9
2
1
2
-
K
B
A
L
P
_
A
E
P
S
N
e
g
o
t
i
a
t
e
d
H
o
u
r
l
y
R
a
t
e
(
1
2
9
7
:
C
o
n
s
u
l
t
a
n
t
A
g
r
e
e
m
e
n
t
w
i
t
h
K
B
A
f
o
r
E
a
s
t
V
a
l
l
e
y
H
i
g
h
w
a
y
KBA, Inc. June 15, 2018
S:\Projects\Contracts\Client\Kent\BP-18-030-01 Kent-E-Valley-Hwy\Drafts&NegotiationRecords\In-houseDrafts\Kent-EVH-DraftScope-v4-FINAL.docx 3 of 6
provide one training session each for Agency and construction contractor users of the
SharePoint system.
18. 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.
19. Project Closeout. Prepare Letters of Substantial (including punch list), Physical, and Final
Completion for Agency approval and signature. Prepare final pay estimate for Agency
approval and processing.
20. Final Records. Compile and convey final Project records, transferring to the Agency for
archiving at final acceptance of KBA’s work on the Project. Both permanent and temporary
final records will consist of hard copy originals and electronic records on electronic storage
medium.
Deliverables
Monthly Construction Progress Reports
Schedule Review Comments
Meeting Agendas and Notes
Submittal Log
Updated Record of Materials
RFI Log
Change Order(s)
Monthly Progress Payments
Letters of Completion
Final records – hard copy and electronic
D. Construction Phase Services – Field
1. Inspect the technical progress of the construction, including providing day-to-day contact with
the construction contractor, Agency, 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. Inspect material, workmanship, and construction areas for compliance with the Construction
Contract Documents and applicable codes. Notify construction contractor of noncompliant
work and advise the Agency of any work not conforming to the contract.
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, and other pertinent information.
4. Interpret Contract Documents in coordination with Agency.
5. Evaluate and report to the Agency 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 and documents to help assure the Project is administered in
accordance with funding agency requirements.
9. Attend and actively participate in regular on-site meetings.
5.a
Packet Pg. 24
At
t
a
c
h
m
e
n
t
:
E
V
H
-
L
A
-
9
2
1
2
-
K
B
A
L
P
_
A
E
P
S
N
e
g
o
t
i
a
t
e
d
H
o
u
r
l
y
R
a
t
e
(
1
2
9
7
:
C
o
n
s
u
l
t
a
n
t
A
g
r
e
e
m
e
n
t
w
i
t
h
K
B
A
f
o
r
E
a
s
t
V
a
l
l
e
y
H
i
g
h
w
a
y
KBA, Inc. June 15, 2018
S:\Projects\Contracts\Client\Kent\BP-18-030-01 Kent-E-Valley-Hwy\Drafts&NegotiationRecords\In-houseDrafts\Kent-EVH-DraftScope-v4-FINAL.docx 4 of 6
10. Take daily digital photographs during the course of construction.
11. Punch List. Upon substantial completion of work, coordinate with the Agency and affected
agencies, to prepare a punch list of items to be completed or corrected prior to physical
completion. Coordinate final inspection with Agency and affected agencies following
completion of punch list.
12. Testing. Cause to be conducted, materials and laboratory tests. Coordinate the work of the
Field Representative(s) and testing laboratories in the observation and testing of materials
used in the construction; document and evaluate results of testing; and inform Agency and
construction contractor of deficiencies.
Deliverables
IDRs with Project photos – submitted on a weekly basis
Field Note Records and Daily Reports of Force Account work for monthly progress payments
Punch List(s) to accompany Letter of Substantial Completion
Test reports
E. Assumptions
1. Budget:
a. Staffing levels are anticipated in accordance with the attached budget estimate.
Consultant services are budgeted for 60 contractor working days, plus time allotted for
Project setup and closeout. Overtime has not been figured into the budget.
b. Consultant will work up to the limitations of the authorized budget. Client and Consultant
will negotiate a supplement to this Agreement if additional budget is needed to cover
instances, including but not limited to, the following:
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.A of the LAG Agreement.
c. The work is anticipated to include both daytime and nighttime work. The nighttime work
is estimated to be approximately two weeks in duration. When work is performed at
night, a 15 percent night-shift differential pay for labor will be applied to all night shift
hours worked by Consultant’s employees.
d. The budget allocations shown in Exhibit D, 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.
e. The budget assumes that both Consultant’s and Agency standard forms, logs, and
processes will be used on the Project SharePoint site. Any customization to Consultant’s
standard forms to meet specialized Agency requirements will be Extra Work.
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 two staff
ii. conference table and chairs
iii. combination printer/copier/scanner machine with these capabilities: 11x17 size, color
5.a
Packet Pg. 25
At
t
a
c
h
m
e
n
t
:
E
V
H
-
L
A
-
9
2
1
2
-
K
B
A
L
P
_
A
E
P
S
N
e
g
o
t
i
a
t
e
d
H
o
u
r
l
y
R
a
t
e
(
1
2
9
7
:
C
o
n
s
u
l
t
a
n
t
A
g
r
e
e
m
e
n
t
w
i
t
h
K
B
A
f
o
r
E
a
s
t
V
a
l
l
e
y
H
i
g
h
w
a
y
KBA, Inc. June 15, 2018
S:\Projects\Contracts\Client\Kent\BP-18-030-01 Kent-E-Valley-Hwy\Drafts&NegotiationRecords\In-houseDrafts\Kent-EVH-DraftScope-v4-FINAL.docx 5 of 6
iv. hi-speed data connection
v. miscellaneous office supplies
vi. utilities and sanitary facilities
c. Agency is the 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 not assigned to the
construction contractor.
3. Scope:
a. The SharePoint 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) do not 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 Agency 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 Agency and
construction contractor 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
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
5.a
Packet Pg. 26
At
t
a
c
h
m
e
n
t
:
E
V
H
-
L
A
-
9
2
1
2
-
K
B
A
L
P
_
A
E
P
S
N
e
g
o
t
i
a
t
e
d
H
o
u
r
l
y
R
a
t
e
(
1
2
9
7
:
C
o
n
s
u
l
t
a
n
t
A
g
r
e
e
m
e
n
t
w
i
t
h
K
B
A
f
o
r
E
a
s
t
V
a
l
l
e
y
H
i
g
h
w
a
y
KBA, Inc. June 15, 2018
S:\Projects\Contracts\Client\Kent\BP-18-030-01 Kent-E-Valley-Hwy\Drafts&NegotiationRecords\In-houseDrafts\Kent-EVH-DraftScope-v4-FINAL.docx 6 of 6
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.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.
i.RCW 4.24.115 is applicable to Consultant’s services provided under this Agreement.
j.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.
k.Agency agrees that Consultant will not be held liable for the completeness, correctness,
readability, or compatibility of any electronic media submitted to Agency after an
acceptance period of 30 days after delivery of the electronic files, because data stored on
electronic media can deteriorate or can be altered without Consultant’s knowledge.
l.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.
m.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.
5.a
Packet Pg. 27
At
t
a
c
h
m
e
n
t
:
E
V
H
-
L
A
-
9
2
1
2
-
K
B
A
L
P
_
A
E
P
S
N
e
g
o
t
i
a
t
e
d
H
o
u
r
l
y
R
a
t
e
(
1
2
9
7
:
C
o
n
s
u
l
t
a
n
t
A
g
r
e
e
m
e
n
t
w
i
t
h
K
B
A
f
o
r
E
a
s
t
V
a
l
l
e
y
H
i
g
h
w
a
y
Page 1 of 4 Exhibit C - Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement
Revised 11/01/2017
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 agenc . The format and standards to be provided may
include, but are not limited to, the following:
I.Surveying, Roadway Design & Plans Preparation Section
A.Survey Data
B.Roadway Design Files
C.Computer Aided Drafting Files
Agreement Number:
NA
NA
NA
5.a
Packet Pg. 28
At
t
a
c
h
m
e
n
t
:
E
V
H
-
L
A
-
9
2
1
2
-
K
B
A
L
P
_
A
E
P
S
N
e
g
o
t
i
a
t
e
d
H
o
u
r
l
y
R
a
t
e
(
1
2
9
7
:
C
o
n
s
u
l
t
a
n
t
A
g
r
e
e
m
e
n
t
w
i
t
h
K
B
A
f
o
r
E
a
s
t
V
a
l
l
e
y
H
i
g
h
w
a
y
Page 2 of 4 Exhibit C - Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement
Revised 11/01/2017
D.Specify the Agency’s Right to Review Product with the Consultant
E.Specify the Electronic Deliverables to Be Provided to the Agency
F.Specify What Agency Furnished Services and Information Is to Be Provided
Agreement Number:
NA
See Exhibit A - Scope ofWork
See Exhibit A - Scope of Work
5.a
Packet Pg. 29
At
t
a
c
h
m
e
n
t
:
E
V
H
-
L
A
-
9
2
1
2
-
K
B
A
L
P
_
A
E
P
S
N
e
g
o
t
i
a
t
e
d
H
o
u
r
l
y
R
a
t
e
(
1
2
9
7
:
C
o
n
s
u
l
t
a
n
t
A
g
r
e
e
m
e
n
t
w
i
t
h
K
B
A
f
o
r
E
a
s
t
V
a
l
l
e
y
H
i
g
h
w
a
y
Page 3 of 4 Exhibit C - Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement
Revised 11/01/2017
II.Any Other Electronic Files to Be Provided
III.Methods to Electronically Exchange Data
On-going Project correcpondence will be provided via email and hard copy format during the life of the
consultant agreement. Deliverables will be provided via hard copy and electronic records on electronic
storage medium at closeout.
5.a
Packet Pg. 30
At
t
a
c
h
m
e
n
t
:
E
V
H
-
L
A
-
9
2
1
2
-
K
B
A
L
P
_
A
E
P
S
N
e
g
o
t
i
a
t
e
d
H
o
u
r
l
y
R
a
t
e
(
1
2
9
7
:
C
o
n
s
u
l
t
a
n
t
A
g
r
e
e
m
e
n
t
w
i
t
h
K
B
A
f
o
r
E
a
s
t
V
a
l
l
e
y
H
i
g
h
w
a
y
Page 4 of 4 Exhibit C - Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement
Revised 11/01/2017
A.Agency Software Suite
B.Electronic Messaging System
C.File Transfers Format
Microsoft Office Suite
Sharepoint
Microsoft Outlook
At project completion, hard copy records will be tranferred to Client and electronic records will be
transferred via electronic storage medium (thumb drive or DVD).
5.a
Packet Pg. 31
At
t
a
c
h
m
e
n
t
:
E
V
H
-
L
A
-
9
2
1
2
-
K
B
A
L
P
_
A
E
P
S
N
e
g
o
t
i
a
t
e
d
H
o
u
r
l
y
R
a
t
e
(
1
2
9
7
:
C
o
n
s
u
l
t
a
n
t
A
g
r
e
e
m
e
n
t
w
i
t
h
K
B
A
f
o
r
E
a
s
t
V
a
l
l
e
y
H
i
g
h
w
a
y
Page 1 of 1 Exhibit D - Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement
Revised 11/01/2017
Exhibit D
Prime Consultant Cost Computations
Agreement Number:
5.a
Packet Pg. 32
At
t
a
c
h
m
e
n
t
:
E
V
H
-
L
A
-
9
2
1
2
-
K
B
A
L
P
_
A
E
P
S
N
e
g
o
t
i
a
t
e
d
H
o
u
r
l
y
R
a
t
e
(
1
2
9
7
:
C
o
n
s
u
l
t
a
n
t
A
g
r
e
e
m
e
n
t
w
i
t
h
K
B
A
f
o
r
E
a
s
t
V
a
l
l
e
y
H
i
g
h
w
a
y
Project Name:Kent - E Valley Highway Month Jul-18 Aug-18 Sep-18 Oct-18 Nov-18
Client Project No.:TBD Days/Mo 21 23 19 23 20
KBA Project No.:BP 18-030-01 Hr/Mo 168 184 152 184 160
Contract Type:Cost + Net Fee (on DSC only)Extra Work 12%12%12%11%10%
Date Prepared:Adj Hr/Mo 188 206 170 204 176
Prepared by:Sam Schuyler
Salary Escalation 5%Start-up
KBA Labor Hours
Employee Title 2018 Rate Total Hours 2018 Total Jul-18 Aug-18 Sep-18 Oct-18 Nov-18
Sam Schuyler (M2) Project Manager $69.72 40 40 12 8 8 8 4
TBD (A5) Contract Administrator $38.00 20 20 10 2 2 2 4
Cameron Bloomer (E4) RE/Inspector $47.00 560 560 96 104 152 184 24
Cameron Bloomer (E4) RE/Inspector (NS)$54.05 80 80 - 80 - - -
Nsharra Key (P3) Project Administrator $33.00 640 640 96 184 152 184 24
Subtotal - KBA Labor Hours 1,340 1,340 214 378 314 378 56
Direct Expenses
Item Total Costs 2018 Total Jul-18 Aug-18 Sep-18 Oct-18 Nov-18
Vehicles @ $6/hour (plus tax)4,237$ 4,237 636 1,218 1,006 1,218 159
Misc: Supplies, Equipment, Copies, Postage 138$ 138 28 28 28 28 26
Subtotal - Direct Expenses 4,375$ 4,375 664 1,246 1,034 1,246 185
Subconsultant(s)
Subconsultants Total Costs 2018 Total Jul-18 Aug-18 Sep-18 Oct-18 Nov-18
Terracon - Materials Testing 10,000$ 10,000 - 3,334 3,333 3,333 -
Subtotal - Subconsultant Costs 10,000$ 10,000 - 3,334 3,333 3,333 -
Combined Costs
Employee Title 2018 Rate Total DSC 2018 Total Jul-18 Aug-18 Sep-18 Oct-18 Nov-18
Sam Schuyler (M2) Project Manager $69.72 2,789$ 2,789 837 558 558 558 279
TBD (A5) Contract Administrator $38.00 760$ 760 380 76 76 76 152
Cameron Bloomer (E4) RE/Inspector $47.00 26,320$ 26,320 4,512 4,888 7,144 8,648 1,128
Cameron Bloomer (E4) RE/Inspector (NS)$54.05 4,324$ 4,324 - 4,324 - - -
Nsharra Key (P3) Project Administrator $33.00 21,120$ 21,120 3,168 6,072 5,016 6,072 792
Direct Salary Costs 55,313$ 55,313 8,897 15,918 12,794 15,354 2,351
Overhead (Home) @ 6,094$ 6,094 2,089 1,088 1,088 1,088 740
Overhead (Field) @ 74,975$ 74,975 11,124 22,137 17,613 21,320 2,781
Subtotal (DSC + OH)136,381$ 136,381 22,109 39,143 31,495 37,762 5,872
Fee (on DSC only) @ 16,594$ 16,594 2,669 4,775 3,838 4,606 705
Subtotal (DSC + OH + Fee)152,975$ 152,975 24,778 43,919 35,333 42,369 6,577
Direct Expenses (No Markup)4,375$ 4,375 664 1,246 1,034 1,246 185
Subconsultant(s)10,000$ 10,000 - 3,334 3,333 3,333 -
TOTAL ESTIMATED COSTS 167,350$ 167,350 25,442 48,499 39,700 46,948 6,762
Rounded to nearest whole dollar.
CONFIDENTIAL & PROPRIETARY TO KBA, INC.
Closeout
CONSTRUCTION (60 days)
Sc
h
e
d
u
l
e
De
t
e
r
m
i
n
a
t
i
o
n
of
H
o
u
r
s
6/15/2018
171.71%
144.84%
30.00%
Printed: 6/16/2018 6:40 PM S:\Projects\Contracts\Client\Kent\BP-18-030-01 Kent-E-Valley-Hwy\Drafts&NegotiationRecords\In-houseDrafts\Estimate-Kent-E-ValleyHwy-v3-2018-0615.xlsx
EXHIBIT D 5.a
Packet Pg. 33
At
t
a
c
h
m
e
n
t
:
E
V
H
-
L
A
-
9
2
1
2
-
K
B
A
L
P
_
A
E
P
S
N
e
g
o
t
i
a
t
e
d
H
o
u
r
l
y
R
a
t
e
(
1
2
9
7
:
C
o
n
s
u
l
t
a
n
t
A
g
r
e
e
m
e
n
t
w
i
t
h
K
B
A
f
o
r
E
a
s
t
V
a
l
l
e
y
H
i
g
h
w
a
y
Page 1 of 1 Exhibit E - Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement
Revised 11/01/2017
Exhibit E
Sub-consultant Cost Computations
There isn’t any sub-consultant participation at this time. The CONSULTANT shall not sub-contract for
the performance of any work under this AGREEMENT without prior written permission of the AGENCY.
Refer to section VI “Sub-Contracting” of this AGREEMENT.
Agreement Number:
5.a
Packet Pg. 34
At
t
a
c
h
m
e
n
t
:
E
V
H
-
L
A
-
9
2
1
2
-
K
B
A
L
P
_
A
E
P
S
N
e
g
o
t
i
a
t
e
d
H
o
u
r
l
y
R
a
t
e
(
1
2
9
7
:
C
o
n
s
u
l
t
a
n
t
A
g
r
e
e
m
e
n
t
w
i
t
h
K
B
A
f
o
r
E
a
s
t
V
a
l
l
e
y
H
i
g
h
w
a
y
Page 1 of 1 Exhibit F - Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement
Revised 11/01/2017
Exhibit F
Title VI Assurances
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors
in interest agrees as follows:
1.Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non-
discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations,
Part 21, as they may be amended from time to time (hereinafter referred to as the “REGULATIONS”),
which are herein incorporated by reference and made a part of this AGREEMENT.
2.Non-discrimination: The CONSULTANT, with regard to the work performed during this AGREEMENT,
shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention
of sub-consultants, including procurement of materials and leases of equipment. The CONSULTANT
shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the
REGULATIONS, including employment practices when this AGREEMENT covers a program set forth
in Appendix B of the REGULATIONS.
3.Solicitations for Sub-consultants, Including Procurement of Materials and Equipment: In all solicitations
either by competitive bidding or negotiations made by the CONSULTANT for work to be performed
under a sub-contract, including procurement of materials or leases of equipment, each potential sub-
consultant or supplier shall be notified by the CONSU TANT of the CONSULTANT’s obligations under
this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color,
sex, or national origin.
4.Information and Reports: The CONSULTANT shall provide all information and reports required by the
REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records,
accounts, other sources of information, and its facilities as may be determined by the AGENCY, the
STATE, or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such
REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the
exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall
so certify to the AGENCY, the STATE, or the FHWA as appropriate, and shall set forth what efforts it has
made to obtain the information.
5.Sanctions for Non-compliance: In the event of the CONSULTANT’s non-compliance with the non-
discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions
as it, the STATE, or the FHWA may determine to be appropriate, including, but not limited to:
•Withholding of payments to the CONSULTANT under this AGREEMENT until the CONSULTANT
complies, and/or;
•Cancellation, termination, or suspension of this AGREEMENT, in whole or in part.
6.Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through
(5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the
REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with
respect to any sub-consultant or procurement as the STATE, the AGENCY, or FHWA may direct as a means
of enforcing such provisions including sanctions for non-compliance.
Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with,
litigation with a sub-consultant or supplier as a result of such direction, the CONSULTANT may request
the AGENCY enter into such litigation to protect the interests of the STATE and/or the AGENCY and, in
addition, the CONSULTANT may request the United States enter into such litigation to protect the interests
of the United States.Agreement Number:
5.a
Packet Pg. 35
At
t
a
c
h
m
e
n
t
:
E
V
H
-
L
A
-
9
2
1
2
-
K
B
A
L
P
_
A
E
P
S
N
e
g
o
t
i
a
t
e
d
H
o
u
r
l
y
R
a
t
e
(
1
2
9
7
:
C
o
n
s
u
l
t
a
n
t
A
g
r
e
e
m
e
n
t
w
i
t
h
K
B
A
f
o
r
E
a
s
t
V
a
l
l
e
y
H
i
g
h
w
a
y
Page 1 of 1 Exhibit G - Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement
Revised 11/01/2017
Exhibit G
Certification Document
Exhibit G-1(a) Certification of Consultant
Exhibit G-1(b) Certification of ______________________________
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 Lobbyin
Agreement Number:
Agency Official
Exhibit G-4 Certificate of Current Cost of Pricing Data NA
5.a
Packet Pg. 36
At
t
a
c
h
m
e
n
t
:
E
V
H
-
L
A
-
9
2
1
2
-
K
B
A
L
P
_
A
E
P
S
N
e
g
o
t
i
a
t
e
d
H
o
u
r
l
y
R
a
t
e
(
1
2
9
7
:
C
o
n
s
u
l
t
a
n
t
A
g
r
e
e
m
e
n
t
w
i
t
h
K
B
A
f
o
r
E
a
s
t
V
a
l
l
e
y
H
i
g
h
w
a
y
Page 1 of 1 Exhibit G - Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement
Revised 11/01/2017
Exhibit G-1(a) Certification of Consultant
I hereby certify that I am the and duly authorized representative of the firm of
whose address is
and that neither the above firm nor I have
a)Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration,
any firm or person (other than a bona fide employee working solely for me or the above CONS TANT)
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 thisAGREEMENT; or
c)Paid, or agreed to pay, to any firm, o ganization or person (other than a bona fide employee working solel
for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in
connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any);
I acknowledge that this certificate is to be furnished to the
and the Federal Highway Administration, U.S. Department of Transportation in connection with this
AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and
Federal laws, both criminal and civil.
Consultant (Firm Name)
Signature (Authorized Official of Consultant)Date
Agreement Number:
5.a
Packet Pg. 37
At
t
a
c
h
m
e
n
t
:
E
V
H
-
L
A
-
9
2
1
2
-
K
B
A
L
P
_
A
E
P
S
N
e
g
o
t
i
a
t
e
d
H
o
u
r
l
y
R
a
t
e
(
1
2
9
7
:
C
o
n
s
u
l
t
a
n
t
A
g
r
e
e
m
e
n
t
w
i
t
h
K
B
A
f
o
r
E
a
s
t
V
a
l
l
e
y
H
i
g
h
w
a
y
Page 1 of 1 Exhibit G - Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement
Revised 11/01/2017
Exhibit G-1(b) Certification
of I hereby certify that I am the:
Other
of the , and
or its representative has not been required, directly or indirectly as an express or implied condition in connection
with obtaining or carrying out this AGREEMENT to:
a)Employ or retain, or agree to employ to retain, any firm or person; o
b)Pay, or agree to pay, to any firm, person, or o ganization, any fee, contribution, donation, or consideration
of any kind; except as hereby expressly stated (if any):
I acknowledge that this certificate is to be furnished to the
and the Federal Highway Administration, U.S. Department of Transportation, in connection with this
AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and
Federal laws, both criminal and civil.
Signature Date
Agreement Number:
City of Kent
Dana Ralph, Mayor
5.a
Packet Pg. 38
At
t
a
c
h
m
e
n
t
:
E
V
H
-
L
A
-
9
2
1
2
-
K
B
A
L
P
_
A
E
P
S
N
e
g
o
t
i
a
t
e
d
H
o
u
r
l
y
R
a
t
e
(
1
2
9
7
:
C
o
n
s
u
l
t
a
n
t
A
g
r
e
e
m
e
n
t
w
i
t
h
K
B
A
f
o
r
E
a
s
t
V
a
l
l
e
y
H
i
g
h
w
a
y
Page 1 of 1 Exhibit G - Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement
Revised 11/01/2017
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 receivin
stolen property;
C.Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b)
of this certification; an
D.Have not within a three (3) year period preceding this application / proposal had one or more public
transactions (Federal, State and local) terminated for cause or default.
II.Where the prospective primary participant is unable to certify to any of the statements in this certification
such prospective participant shall attach an explanation to this proposal.
Consultant (Firm Name)
Signature (Authorized Official of Consultant)Date
Agreement Number:
5.a
Packet Pg. 39
At
t
a
c
h
m
e
n
t
:
E
V
H
-
L
A
-
9
2
1
2
-
K
B
A
L
P
_
A
E
P
S
N
e
g
o
t
i
a
t
e
d
H
o
u
r
l
y
R
a
t
e
(
1
2
9
7
:
C
o
n
s
u
l
t
a
n
t
A
g
r
e
e
m
e
n
t
w
i
t
h
K
B
A
f
o
r
E
a
s
t
V
a
l
l
e
y
H
i
g
h
w
a
y
Page 1 of 1 Exhibit G - Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement
Revised 11/01/2017
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 age , a Member
of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connectio
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 age , a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with thi
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 transactio
was made or entered into. Submission of this certification is a prerequisite for making or entering int
this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the require
certification shall be subject to a civil penalty of not less than $10,000.00, and not more than $100,000.00
for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require
that the language of this certification be included in all lower tier sub-contracts, which exceed $100,000
and that all such sub-recipients shall certify and disclose accordingly.
Consultant (Firm Name)
Signature (Authorized Official of Consultant)Date
Agreement Number:
5.a
Packet Pg. 40
At
t
a
c
h
m
e
n
t
:
E
V
H
-
L
A
-
9
2
1
2
-
K
B
A
L
P
_
A
E
P
S
N
e
g
o
t
i
a
t
e
d
H
o
u
r
l
y
R
a
t
e
(
1
2
9
7
:
C
o
n
s
u
l
t
a
n
t
A
g
r
e
e
m
e
n
t
w
i
t
h
K
B
A
f
o
r
E
a
s
t
V
a
l
l
e
y
H
i
g
h
w
a
y
Page 1 of 2 Exhibit J - Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement
Revised 11/01/2017
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) are a total
of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the
Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant’s claim(s)
that total $1,000 or less.
This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential
claim by the consultant.
Step 1 Consultant Files a Claim with the Agency Project Manager
If the consultant determines that they were requested to perform additional services that were outside
of the agreement’s scope of work, they may be entitled to a claim. The first step that must be completed
is the request for consideration of the claim to the Agency’s project manager.
The consultant’s claim must outline the following:
•Summation of hours by classification for each firm that is included in the clai
•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 wit
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.
Agreement Number:
5.a
Packet Pg. 41
At
t
a
c
h
m
e
n
t
:
E
V
H
-
L
A
-
9
2
1
2
-
K
B
A
L
P
_
A
E
P
S
N
e
g
o
t
i
a
t
e
d
H
o
u
r
l
y
R
a
t
e
(
1
2
9
7
:
C
o
n
s
u
l
t
a
n
t
A
g
r
e
e
m
e
n
t
w
i
t
h
K
B
A
f
o
r
E
a
s
t
V
a
l
l
e
y
H
i
g
h
w
a
y
Page 2 of 2 Exhibit J - Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement
Revised 11/01/2017
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 clai
•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
Agreement Number:
5.a
Packet Pg. 42
At
t
a
c
h
m
e
n
t
:
E
V
H
-
L
A
-
9
2
1
2
-
K
B
A
L
P
_
A
E
P
S
N
e
g
o
t
i
a
t
e
d
H
o
u
r
l
y
R
a
t
e
(
1
2
9
7
:
C
o
n
s
u
l
t
a
n
t
A
g
r
e
e
m
e
n
t
w
i
t
h
K
B
A
f
o
r
E
a
s
t
V
a
l
l
e
y
H
i
g
h
w
a
y
PUBLIC WORKS COMMITTEE
Tim LaPorte, PE
220 Fourth Ave S
Kent, WA 98032
253-856-5500
DATE: July 2, 2018
TO: Public Works Committee
SUBJECT: Info Only/ LID 363: S 224th St Improvements 84th Ave S to
88th Ave S – Project Update
SUMMARY:
Phase 1 of the S 224th St Improvements Project is progressing on schedule. We
have surpassed a major milestone in setting the bridge girders across SR 167. We
will share progress since the February 26, 2018 update and discuss the next
elements of construction.
6
Packet Pg. 43
PUBLIC WORKS COMMITTEE
Tim LaPorte, PE
220 Fourth Ave S
Kent, WA 98032
253-856-5500
DATE: July 2, 2018
TO: Public Works Committee
SUBJECT: Information Only/James Street Pavement Rehabilitation
(Central Ave N to Clark Ave N.)
SUMMARY:
The contract for the James Street Pavement Rehabilitation Project (Central Ave N to
Clark Ave N) has 60 Working Days to complete the construction of the project.
Specifications require the contractor to maintain 1 lane of traffic in each direction
on James Street throughout the duration of the project. The contractor has
proposed a 20-day full closure of James Street during construction, which could
result in an earlier completion and over $200,000 in savings to the City.
The contractor’s proposal will be presented to neighborhood groups on July 2 at
6:00 PM at the Kent Senior Center to get their input and discuss impacts of the
project with the community.
Budget Impact:
A potential $200,000 savings to the Business and Occupation fund.
7
Packet Pg. 44
PUBLIC WORKS COMMITTEE
Tim LaPorte, PE
220 Fourth Ave S
Kent, WA 98032
253-856-5500
DATE: July 2, 2018
TO: Public Works Committee
SUBJECT: Info Only/Landsburg Mine Update
SUMMARY:
Landsburg Mine is an abandoned Coal mine located to the North and East of the city
of Kent’s Clark Springs Watershed. The mine site was illegally used for dumping
hazardous materials during the 1970s and 1980s. For over 20 years, Kent has been
urging the State Department of Ecology (Ecology) to require cleanup of the mine
site to minimize the potential contaminant threat to the Clark Springs water supply.
Late in 2017, Ecology finalized a Cleanup Action Plan (CAP) for the mine which
includes capping a portion of the site and monitoring for contaminants in
groundwater leaving the area.
During routine groundwater monitoring in November 2017, 1,4-dioxane (dioxane)
contamination was found above state cleanup levels at two groundwater compliance
wells (LMW-2 and LMW-4) located at the north portal of the Landsburg Mine.
Dioxane is a solvent used in industrial applications. Sampling in February and May
of 2018 confirmed dioxane levels above cleanup levels in the same two wells and in
a newly installed monitoring well at the north end of the mine site.
Kent staff continue to have concerns about these recent dioxane detections. We
have asked Ecology to provide more information related to the dioxane detections
and Ecology’s response plan. We have concerns the CAP is not being followed as
required.
We are working with our geotechnical consultant in analyzing the sample results
and Ecology response and are preparing to send an additional letter to Ecology.
There have been no detections of chemicals at the south end of the mine, near the
Clark Springs Water Supply, but we are monitoring the situation closely and
conducting our own monitoring.
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services
8
Packet Pg. 45
PUBLIC WORKS COMMITTEE
Tim LaPorte, PE
220 Fourth Ave S
Kent, WA 98032
253-856-5500
DATE: July 2, 2018
TO: Public Works Committee
SUBJECT: Info Only/S 228th St Right-of-Way Financing
SUMMARY:
The remaining right of way (ROW) or easements, including temporary easements,
have been secured for this endeavor. This has been a process that has taken
several years.
The next steps include getting the assembled right of way package certified by
WSDOT as required by the federal funding process. Following this ROW approval, a
final DOT approval will be needed to authorize the city to advertise the project for
bids. It is expected that this process will take about six weeks. We are concerned
however because key staff have very recently left the DOT in this sector creating
additional backlog for this group statewide.
Public Works and the Finance Department have been working on potential solutions
to complete the funding necessary to go ahead with this project. As discussed
previously in Council workshops, the funds needed to complete the 228th /UPRR
grade separation component of this corridor are approximately $10 to $12 million.
This number will continue to be significantly affected by construction inflation the
Puget Sound region is facing. In addition, several of our principal funding (grant)
partners are asking for assurance that the project will move ahead.
Public Works staff are planning to attend Fall Board meetings with the
Transportation Improvement Board and the Freight Mobility Board to give an
update to both Boards on the overall corridor progress.
EXHIBITS:
S 228th/224th Funding Map
BUDGET IMPACT:
The S 228th UPRR project will need $10 to $12 million to complete the work.
9
Packet Pg. 46
ATTACHMENTS:
1. Exhibit S 228th_224th Corridor Funding Map (PDF)
9
Packet Pg. 47
(Future -$51.6 million)
FUNDING SR 509 VETERANS UPRR GRADE BNSF GRADE S. 224TH ST.S. 224TH ST.
SOURCE CONNECTION DRIVE SEPARATION SEPARATION PHASE 1 PHASE 2 TOTAL
LID/PRIVATE $16.7 $16.7 $33.4
FEDERAL $2.0 $6.4 $10.4 $18.8
STATE $45.4 $5.0 $15.0 $5.7 $5.0 $76.1
UPRR/BNSF RR $1.2 $1.0 $2.2
PORT OF SEATTLE $0.6 $0.6 $1.2
UTILITIES $0.6 $0.6
CITY $10.5 $7.6 $7.7 $1.0 $1.9 $28.7
TOTAL FUNDING $45.4 $34.2 $31.4 $19.7 $23.4 $6.9 $161.0
PROJECT COST $51.6 $34.2 $43.1 $19.7 $23.4 $13.7 $185.7
S. 228TH/224TH ST. CORRIDOR FUNDING
$ are in Millions
PROJECT
9.a
Packet Pg. 48
At
t
a
c
h
m
e
n
t
:
E
x
h
i
b
i
t
S
2
2
8
t
h
_
2
2
4
t
h
C
o
r
r
i
d
o
r
F
u
n
d
i
n
g
M
a
p
(
1
3
0
2
:
I
n
f
o
O
n
l
y
/
S
2
2
8
t
h
S
t
PUBLIC WORKS COMMITTEE
Tim LaPorte, PE
220 Fourth Ave S
Kent, WA 98032
253-856-5500
DATE: July 2, 2018
TO: Public Works Committee
SUBJECT: Quiet Zone Update
SUMMARY:
Staff will give an update on the status of the Quiet Zone.
10
Packet Pg. 49