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Home My WebLink AboutContractLocal Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised /20 Page 1 of 4 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Agreement Number: Firm/Organization Legal Name (do not use dba’s): Address Federal Aid Number UBI Number Federal TIN Execution Date Completion Date 1099 Form Required Yes No Federal Participation Yes No Project Title Description of Work Yes No DBE Participation Yes No MBE Participation Yes No WBE Participation Yes No SBE Participation Maximum Amount Payable: Index of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Exhibit J Scope of Work DBE Participation 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 CAG-25-300 Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised //20 Page 2 of 4 THIS AGREEMENT, made and entered into as shown in the “Execution Date” box on page one (1) of this AGREEMENT, between the _________________________________________________________________, hereinafter called the “AGENCY,” and the “Firm / Organization Name” referenced on page one (1) of this AGREEMENT, hereinafter called the “CONSULTANT.” WHEREAS, the AGENCY desires to accomplish the work referenced in “Description of Work” on page one (1) of this AGREEMENT and hereafter called the “SERVICES;” and does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary SERVICES; and WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish consulting services to the AGENCY. NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I. General Description of Work The work under this AGREEMENT shall consist of the above-described SERVICES as herein defined, and necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor, and related equipment and, if applicable, sub-consultants and subcontractors necessary to conduct and complete the SERVICES as designated elsewhere in this AGREEMENT. II. General Scope of Work The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit “A” attached hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed utilizing performance based contracting methodologies. III. General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress, and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days’ notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit “A.” The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the SERVICES in sufficient detail so that the progress of the SERVICES can easily be evaluated. The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised //20 Page 3 of 4 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 thisAGREEMENT. The CONSULTANT, on a monthly basis, shall enter the amounts paid to all firms (including Prime) involved with this AGREEMENT into the wsdot.diversitycompliance.com program. Payment information shall identify any DBE Participation. All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit “C – Preparation and Delivery of Electronic Engineering and other Data.” All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring, as a part of this SERVICE, shall be without liability or legal exposure to the CONSULTANT. Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other party by (i) certified mail, return receipt requested, or (ii) by email or facsimile, to the address set forth below: If to AGENCY: If to CONSULTANT: Name: Name: Agency: Agency: Address: Address: City: State: Zip: City: State: Zip: Email: Email: Phone: Phone: Facsimile:Facsimile: IV. Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall conform to the criteria agreed upon detailed in the AGREEMENT documents. These SERVICES must be completed by the date shown in the heading of this AGREEMENT titled “Completion Date.” The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the established completion time. Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised //20 Page 4 of 4 V. Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov). A.Hourly Rates: Hourly rates are comprised of the following elements - Direct (Raw) Labor, Indirect Cost Rate, and Fee (Profit). The CONSULTANT shall be paid by the AGENCY for work done, based upon the negotiated hourly rates shown in Exhibits “D” and “E” attached hereto and by reference made part of this AGREEMENT. These negotiated hourly rates will be accepted based on a review of the CONSULTANT’s direct labor rates and indirect cost rate computations and agreed upon fee. The accepted negotiated rates shall be memorialized in a final written acknowledgment between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. The initially accepted negotiated rates shall be applicable from the approval date, as memorialized in a final written acknowledgment, to 180 days following the CONSULTANT’s fiscal year end (FYE) date. The direct (raw) labor rates and classifications, as shown on Exhibits “D” and “E” shall be subject to renegotiations for each subsequent twelve (12) month period (180 days following FYE date to 180 days following FYE date) upon written request of the CONSULTANT or the AGENCY. The written request must be made to the other party within ninety (90) days following the CONSULTANT’s FYE date. If no such written request is made, the current direct (raw) labor rates and classifications as shown on Exhibits “D” and “E” will remain in effect for the twelve (12) month period. Conversely, if a timely request is made in the manner set forth above, the parties will commence negotiations to determine the new direct (raw) labor rates and classifications that will be applicable for the twelve (12 month period. Any agreed to renegotiated rates shall be memorialized in a final written acknowledgment between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. If requested, the CONSULTANT shall provide current payroll register and classifications to aid in negotiations. If the parties cannot reach an agreement on the direct (raw) labor rates and classifications, the AGENCY shall perform an audit of the CONSULTANT’s books and records to determine the CONSULTANT’s actual costs. The audit findings will establish the direct (raw) labor rates and classifications that will applicable for the twelve (12) month period. The fee as identified in Exhibits “D” and “E” shall represent a value to be applied throughout the life of the AGREEMENT. The CONSULTANT shall submit annually to the AGENCY an updated indirect cost rate within 180 days of the close of its fiscal year. An approved updated indirect cost rate shall be included in the current fiscal year rate under this AGREEMENT, even if/when other components of the hourly rate are not renegotiated. These rates will be applicable for the twelve (12) month period. At the AGENCY’s option, a provisional and/or conditional indirect cost rate may be negotiated. This provisional or conditional indirect rate shall remain in effect until the updated indirect cost rate is completed and approved. Indirect cost rate costs incurred during the provisional or conditional period will not be adjusted. The CONSULTANT may request an extension of the last approved indirect cost rate for the twelve (12) month period. These requests for provisional indirect cost rate and/or extension will be considered on a case-by-case basis, and if granted, will be memorialized in a final written acknowledgment. The CONSULTANT shall maintain and have accessible support data for verification of the components of the hourly rates, i.e., direct (raw) labor, indirect cost rate, and fee (profit) percentage. The CONSULTANT shall bill each employee’s actual classification, and actual salary plus indirect cost rate plus fee. Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised //20 Page 5 of 4 A.Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the actual cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges, and fees of sub-consultants. Air or train travel will be reimbursed only to lowest price available, unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the WSDOT’s Accounting Manual M 13-82, Chapter 10 – Travel Rules and Procedures, and all revisions thereto. Air, train, and rental card costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205-46 “Travel Costs.” The billing for Direct Non-salary Costs shall include an itemized listing of the charges directly identifiable with these SERVICES. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the STATE upon request. All above charges must be necessary for the SERVICES provided under this AGREEMENT. B.Maximum Amount Payable: The Maximum Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one (1.) The Maximum Amount Payable does not include payment for extra work as stipulated in section XIII, “ExtraWork.” No minimum amount payable is guaranteed under this AGREEMENT. C.Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in A and B above. Detailed statements shall support the monthly billings for hours expended at the rates established in Exhibit “D,” including names and classifications of all employees, and billings for all direct non-salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT’s employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the SERVICES at the time of the interview. D.Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the SERVICES under this AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, electronic data, and other related documents, which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. Per WSDOT’s “Audit Guide for Consultants,” Chapter 23 “Resolution Procedures,” the CONSULTANT has twenty (20) working days after receipt of the final Post Audit to begin the appeal process to the AGENCY for audit findings E.Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for inspection by representatives of the AGENCY and the United States, for a period of six (6) years after receipt of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this AGREEMENT is initiated before the expiration of the six (6) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be performed by the State Auditor, WSDOT’s Internal Audit Office and /or at the request of the AGENCY’s Project Manager. Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised //20 Page 6 of 4 VI. Sub-Contracting The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit “A” attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY and sub-consultant, any contract or any other relationship. Compensation for this sub-consultant SERVICES shall be based on the cost factors shown on Exhibit “E” attached hereto and by this reference made part of this AGREEMENT. The SERVICES of the sub-consultant shall not exceed its maximum amount payable identified in each sub consultant cost estimate unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, indirect cost rate, direct non-salary costs and fee costs for the sub-consultant shall be negotiated and substantiated in accordance with section V “Payment Provisions” herein and shall be memorialized in a final written 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 . For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen’s Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a third party as a consequence of any act or omission on the part of the CONSULTANT’s employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly retired employees, without written consent of the public employer of such person if he/she will be working on this AGREEMENT for the CONSULTANT. Agreement Number: Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised //20 Page 7 of 4 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 ofAgreement 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 thetime which may be required to do so, and other factors which affect the value to the AGENCY of theSERVICES performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth in paragraph two (2) of this section. If it is determined for any reason, that the CONSULTANT was not in default or that the CONSULTANT’s failure to perform is without the CONSULTANT’s or its employee’s fault or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised //20 Page 8 of 4 The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any member, partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT’s supervisory and/or other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee. The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s) of this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT as set forth in the second and third paragraphs of this section. Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X. Changes of Work The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under section XIII “Extra Work.” XI. Disputes Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within 10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer’s decision, that decision shall be subject to judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit “J”. In the event that either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. XII. Legal Relations The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall defend, indemnify, and hold the State of Washington (STATE) and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the negligence of, or the breach of any obligation under this AGREEMENT by, the CONSULTANT or the CONSULTANT’s agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised //20 Page 9 of 4 to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY, their agents, officers, employees, sub-consultants, subcontractors or vendors, of any tie , or any other persons for whom the STATE and /or the AGENCY may be legally liable; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT or the CONSULTANT’s agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally liable, and (b) the STATE and/or AGENCY, their agents, officers, employees, sub-consultants, subcontractors and or vendors, of any tier, or any other persons for whom the STATE and/or AGENCY may be legally liable, the defense and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT’s negligence or the negligence of the CONSULTANT’s agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any AGREEMENT between CONSULTANT and any sub-consultant, subcontractor and vendor, of any tier. The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT’s agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any use in connection with the AGREEMENT of methods, processes, designs, information or other items furnished or communicated to STATE and/or the AGENCY, their agents, officers and employees pursuant to the AGREEMENT; provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions resulting from STATE and/or AGENCY’s, their agents’, officers and employees’ failure to comply with specific written instructions regarding use provided to STATE and/or AGENCY, their agents, officers and employees by the CONSULTANT, its agents, employees, sub- consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. The CONSULTANT’s relation to the AGENCY shall be at all times as an independent contractor. Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the CONSULTANT in the procurement of, or performance under, this AGREEMENT. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT’s own employees or its agents against the STATE and/or the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. The Parties have mutually negotiated this waiver. Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable supplemental AGREEMENT, the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for proper construction techniques, job site safety, or any construction contractor’s failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised //20 Page 10 of 4 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 liabilityto 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 inlaw. Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised //20 Page 11 of 4 XIII. Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT in the SERVICES to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the SERVICES under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an equitable adjustment in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify this AGREEMENT accordingly. C. The CONSULTANT must submit any “request for equitable adjustment,” hereafter referred to as “CLAIM,” under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of this AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the section XI “Disputes” clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to thisAGREEMENT. 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 over one hundred thousand dollars ($100,000.00) and Exhibit “G-4” is required only in AGREEMENT 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 thisAGREEMENT. XVIII. Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and AGREEMENT’s contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and conditions thereof. Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised //20 Page 12 of 4 XIX. Protection of Confidential Information The CONSULTANT acknowledges that some of the material and information that may come into its possession or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state, or federal statutes (“State’s Confidential Information”). The “State’s Confidential Information” includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles credit card information, driver’s license numbers, medical data, law enforcement records (or any other information identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security data, non-public Specifications, STATE and AGENCY non-publicly available data, proprietary software, STATE and AGENCY security data, or information which may jeopardize any part of the project that relates to any of these types of information. The CONSULTANT agrees to hold the State’s Confidential Information in strictest confidence and not to make use of the State’s Confidential Information for any purpose other than the performance of this AGREEMENT, to release it only to authorized employees, sub- consultants or subcontractors requiring such information for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish, transfer, sell, disclose, or otherwise make it known to any other party without the AGENCY’s express written consent or as provided by law. The CONSULTANT agrees to release such information or material only to employees, sub-consultants or subcontractors who have signed a nondisclosure AGREEMENT, the terms of which have been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to the State’s Confidential Information. Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the AGENCY’s option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State’s Confidential Information; or (ii) returned all of the State’s Confidential Information to the AGENCY; or (iii) take whatever other steps the AGENCY requires of the CONSULTANT to protect the State’s Confidential Information. As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following: the State’s Confidential Information received in the performance of this AGREEMENT; the purpose(s) for which the State’s Confidential Information was received; who received, maintained, and used the State’s Confidential Information; and the final disposition of the State’s Confidential Information. The CONSULTANT’s records shall be subject to inspection, review, or audit upon reasonable notice from the AGENCY. The AGENCY reserves the right to monitor, audit, or investigate the use of the State’s Confidential Information collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or investigating may include, but is not limited to, salting databases. Violation of this section by the CONSULTANT or its sub-consultants or subcontractors may result in termination of this AGREEMENT and demand for return of all State’s Confidential Information, monetary damages, or penalties It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information, which is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing such proprietary and/or confidential information shall be clearly identified and marked as “Confidential” and shall be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT. Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised //20 Page 13 of 4 The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT, or (b) as soon as such confidential or proprietary material is developed. “Proprietary and/or confidential information” is not meant to include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party; (iii) is independently developed by or for the other party; (iv) is publicly known; or (v) is generally utilized by unaffiliated third parties engaged in the same business or businesses as the CONSULTANT. The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a public disclosure request is made to view materials identified as “Proprietary and/or confidential information” or otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that such records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure, the AGENCY will release the requested information on the date specified. The CONSULTANT agrees to notify the sub-consultant of any AGENCY communication regarding disclosure that may include a sub-consultant’s proprietary and/or confidential information. The CONSULTANT notification to the sub-consultant will include the date that such records will be released by the AGENCY to the requester and state that unless the sub-consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure the AGENCY will release the requested information. If the CONSULTANT and/or sub-consultant fail to obtain a court order or other judicial relief enjoining the AGENCY by the release date, the CONSULTANT shall waive and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages, liabilities, or costs associated with the AGENCY’s said disclosure of sub- consultants’ information. XX. Records Maintenance During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6) years from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain, and maintain all “documents” pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all “documents” pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT’s place of business during normal working hours. If any litigation, claim, or audit is commenced, the CONSULTANT shall cooperate with AGENCY and assist in the production of all such documents. “Documents” shall be retained until all litigation, claims or audit findings have been resolved even though such litigation, claim, or audit continues past the six (6) year retention period. For purposes of this AGREEMENT, “documents” means every writing or record of every type and description, including electronically stored information (“ESI”), that is in the possession, control, or custody of the CONSULTANT, including, without limitation, any and all correspondences, contracts, AGREEMENTs, appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten notes, reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records, work sheets, charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings, tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or telephone conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original, or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original. Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised //20 Page 14 of 4 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. 12/2/2025 Attest:______________________________________ Jason Seth, City Clerk Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised //20 1 Exhibit A Scope of Work Project No. Page 1 of 29 KBA, Inc 10/22/25 EXHIBIT A SCOPE OF SERVICES for Maplewood Sidewalk Rehabilitation Project Construction Management Consultant Services KBA, Inc. (Consultant) will provide Construction Management (CM) services to The City of Renton (Client), for the project known as Maplewood Sidewalk Rehabilitation Project (Project). These services will include consultation, contract administration, field observation, documentation, and material testing, as required during the construction of the Project, as detailed below. Project Description: The work includes but is not limited to: demolition of existing curb, gutter, sidewalk, driveways, roadway asphalt pavement, and demolition of a portion of the existing storm drainage pipe system, construction of new curb, gutter, sidewalk, driveways, roadway asphalt pavement, concrete crosswalks, replacement of storm drainage system, adjustment of damaged utility lids in the roadway, topsoil and hydroseed, temporary traffic control, property protection and restoration and all other Work necessary to complete the Work as specified and shown in the Contract Provisions. The Designer of Record on this Project is ESM (Designer). TABLE OF CONTENTS 1.GENERAL ................................................................................................................................... 4 b.KBA Responsibilities. ............................................................................................................ 4 c.City’s Responsibilities ........................................................................................................... 4 d.Others Responsibilities ......................................................................................................... 4 e.DirectingtheContractor .......................................................................................................4 2.RESPONSIBILITIES ..................................................................................................................... 5 a. Construction Manager .......................................................................................................... 5 b.Resident Engineer ................................................................................................................. 5 c.Construction Observer (Inspector)....................................................................................... 6 d.Documentation Specialist ..................................................................................................... 7 e. Testing Laboratory ................................................................................................................ 7 f. Project Manager (Provided by CityofRenton) .................................................................... 7 g.Engineer (Provided by City of Renton) ................................................................................. 8 h.Engineer of Record (Provided By City of Renton) ................................................................ 8 Page 2 of 29 KBA, Inc 10/22/25 i.PermitandEnvironmental ComplianceManager (Provided byCityof Renton)................9 j.City Public Works Department (Provided by City of Renton) .............................................. 9 3.TASKS 9 a. Advertisement ...................................................................................................................... 9 b.Contract Addenda ................................................................................................................. 9 c.Bidder Questions ..................................................................................................................9 d.Bid deadline .......................................................................................................................... 9 e.Bid Opening ..........................................................................................................................9 f. Conformed Contract Documents........................................................................................ 10 g.ROM (Constr. Man.9-1.2C) ................................................................................................ 10 h.Non-materials SubmittalList (Constr. Man.1-05 Othersubmittalspage1-51)................ 10 i.Bid Analysis ......................................................................................................................... 10 j.Determination of Bid Responsiveness and Bidder Responsibility ..................................... 10 k.Pre-award Meeting (Std.Spec.1-02.15)............................................................................ 11 l. Preparation ofcontractdocumentsforexecution ............................................................ 11 m.Award .................................................................................................................................. 11 n.Execution (Std. Spec. 1-03.3, RCW 35A.40.200, RCW 35.23.352(1)) .................................11 o.Record Keeping ................................................................................................................... 12 p.Non-materials Submittal Schedule..................................................................................... 12 q.Materials .............................................................................................................................13 r. Build America Buy America ................................................... Error! Bookmark not defined. s.Subcontractors .................................................................................................................... 14 t. DBESubcontractors(See Special Provisionfor DBEs 1275) .. Error! Bookmark not defined. u.ProgressSchedule ............................................................................................................... 14 v. PreconstructionMeeting(LAG Man.52.2) ........................................................................ 15 w. Labor ................................................................................................................................... 16 x. Project Labor List (Std. Spec. 1-09.6.1.) .............................................................................. 16 y.Contractor’s Equipment RateList (Std. Spec. 1-09.4 and 1.09.6.3.) .................................. 17 z.Construction Observer and Documentation Specialist Oversight ..................................... 17 Page 3 of 29 KBA, Inc 10/22/25 aa.Noticeto Proceed ...............................................................................................................17 bb.Mobilization (Std. Spec.1-09.7).......................................................................................... 17 cc.Weekly Construction Meetings ..........................................................................................17 dd.Safety (Std. Spec. 1-07.1) .................................................................................................... 19 ee.Meeting minutes................................................................................................................. 19 ff.WeeklyStatements ofWorkingDays.................................................................................20 gg. Contractor’s Weekly Look-Ahead Schedule ....................................................................... 20 hh.ConformityWith andDeviationsFromPlans andStakes (Std. Spec 1-05.4) ....................20 ii. Testing .................................................................................................................................21 jj. Permanent Monuments (RCW 58.09.130) ......................................................................... 21 kk. Correction Notices .............................................................................................................. 21 ll. Environmental..................................................................................................................... 22 mm. Work Suspension ........................................................................................................ 22 nn.Photographs ........................................................................................................................ 23 oo.Diary .................................................................................................................................... 23 pp.Field Notebooks .................................................................................................................. 23 qq.IDR’s 23 rr. PayNotes (Field Notes) (Constr. Man.10-3.12) .................................................................23 ss. As-BuiltPlans ...................................................................................................................... 24 tt.RequestsforInformation(RFI’s)........................................................................................24 uu.Serial letters ........................................................................................................................ 24 x. Progress Payment Forms .................................................................................................... 25 xx. Progress Payments (Std. Spec. 1-09.90 ............................................................................. 25 yy. Materials on Hand (Std. Spec.1-09.8) ................................................................................ 25 zz. Field Directives (Std. Spec. 1-04.4.) .................................................................................... 26 aaa. Change Orders ............................................................................................................ 26 bbb. Protests ....................................................................................................................... 27 ccc. Notices ................................................................................................................................ 27 ddd. City Public Works Department Notification .............................................................. 27 Page 4 of 29 KBA, Inc 10/22/25 4.CONTROLLING ORDER OF CONTRACT DOCUMENTS (Std. Spec. 1-04.2).............................28 5.CM CONSTRUCTION OFFICE................................................................................................... 28 i.PostingNotices (Std. Spec. 1-07.9(2)) ...................................................................................28 GENERAL Construction Management. KBA shall manage the Project Construction as set forth in the Contract Construction Documents. Documents, WSDOT LAG Manual, 2025 WSDOT Standard Specifications, and the WSDOT Construction Manual except as may be modified below. KBA Responsibilities. KBA’s staff consists of: Construction Manager Resident Engineer Construction Observer Documentation Specialist – Materials Testing Sub-Consultant per section .f below KBA responsibilities are the tasks assigned to KBA staff as described within the task descriptions below. KBA tasks, as assigned below, may be reassigned by KBA. KBA must notify Project Manager The City of Renton of such reassignment. The Construction Manager shall remain responsible for completeness, accuracy, and timeliness of the KBA’s work. City’s Responsibilities The City staff consists of: Project Manager Engineer The City’s responsibilities are the tasks assigned to City staff as described within the task descriptions below. Others Responsibilities Engineer of Record, Permit and Environmental Compliance Manager, and City Public Works Department shall be independently responsible for tasks assigned as described within the task descriptions below. Directing the Contractor The Contractor is responsible to get its direction from the contract documents. Clarification will be made in writing in RFI’s. Representatives of the Engineer are not authorized to accept Work, to Page 5 of 29 KBA, Inc 10/22/25 accept materials, to issue instructions, or to give advice that is contrary to the Contract. Work done or material furnished which does not meet the Contract requirements shall be at the Contractor’s risk and shall not be a basis for a claim even if the representatives purport to change the Contract (Std. Spec. 1-05.2). In the event City or KBA staff finds it necessary to give direction to the Contractor, the entity giving direction may be found responsible for the work so directed. A written record of the directive must be made. f. Duty of the KBA.The presence of the Project Manager and/or the Engineer during construction or discussions with the Contractor does not change the duties and responsibilities of the KBA, City, or Contractor. g.Deliverables The required deliverables, if any, are described in each of the tasks below. 2.RESPONSIBILITIES a. Construction Manager i. Staff management ii. Progress review iii. Billing iv. Preconstruction meeting (3.v.) v. Construction Observer and Documentation Specialist oversight (3.z.) vi. Weekly construction meetings (3.cc.) vii. Serial letters(3.vv.) viii. Protests (3.bbb.) b.Resident Engineer i. ROM (3.g.) ii. Non-materials submittal list (3.h.) iii. Bid analysis(3.i.) iv. Pre-award meeting (3.k.) v. Recordkeeping(3.o.) vi. Materials (3.q.) vii. Subcontractors (3.s.) viii. Progress schedule (3.u.) ix. Preconstruction meeting (3.v.) x. Labor (3.w.) xi. Projectlabor list (3.x.) xii. Contractor’sequipment rate list (3.y.) xiii. Construction Observer and Documentation Specialist oversight (3.z.) xiv. Weekly construction meetings (3.cc.) xv. Safety (3.dd.) Page 6 of 29 KBA, Inc 10/22/25 xvi. Weeklystatementsofworkingdays(3.ff.) xvii. Contractor’s weekly look-ahead schedule (3.gg.) xviii. Conformitywith and deviations from plans and stakes.(3.hh.) xix. Permanent monuments (3.jj.) xx. Correction notices (3.kk.) xxi. Work suspension. (3.mm.) xxii. IDR’s(3.qq.) xxiii. Pay notes (3.rr.) xxiv. RFI’s(3.tt.) xxv. Serial letters(3.vv.) xxvi. Progress payment forms (3.ww.) xxvii. Force Account (3.xx.) xxviii. Progress payments (3.yy.) xxix. Field directives(3.aaa.) xxx. Changeorders (3.bbb.) xxxi. Protests(3.ccc.) xxxii. Notices(3.ddd.) xxxiii. Changetracking(4.f.) xxxiv. Progress Schedule (4.h.) xxxv. PostingNotices(4.i.) xxxvi. CM construction office (5.h.)and (5.i.) c.Construction Observer (Inspector) i. Pre-award meeting (3.k.) ii. Non-materials submittal schedule (3.p.) iii. Materials (3.q.) iv. Subcontractors (3.s.) v. Preconstruction meeting (3.v.) vi. Labor (3.w.) vii. Construction Observer and Documentation Specialist oversight (3.z.) viii. Weekly construction meetings (3.cc.) ix. Safety (3.dd.) x. Contractor’s weekly look-ahead schedule (3.gg.) xi. Conformitywith and deviations from plansand stakes (3.hh.) xii. Testing (3.ii.) xiii. Permanent monuments (3.jj.) xiv. Correction notices (3.kk.) xv. Environmental (3.ll.) xvi. Work suspension. (3.mm.) xvii. Photographs (3.nn.) xviii. Diary(3.oo.) Page 7 of 29 KBA, Inc 10/22/25 xix. Fieldnotebooks(3.pp.) xx. IDR’s(3.qq.) xxi. Pay notes (3.rr.) xxii. As-built plans(3.ss.) xxiii. Force Account (3.xx.) xxiv. Progress payments (3.yy.) xxv. Fielddirectives(3.aaa.) xxvi. CityPublicWorksDepartmentNotification(3.eee.) xxvii. CMconstructionoffice(5.f.) d. Documentation Specialist i. ROM (3.g.) ii. Recordkeeping(3.o.) iii. Non-materials submittal schedule (3.p.) iv. Materials (3.q.) v. Subcontractors (3.s.) vi. Preconstruction meeting (3.v.) vii. Labor (3.w.) viii. Construction Observer and Documentation Specialist oversight (3.z.) ix. Weekly construction meetings (3.cc.) x. Meeting minutes(3.ee.) xi. IDR’s (3.qq.) xii. Pay notes (3.rr.) xiii. RFI’s(3.tt.) xiv. Training (3.uu.) xv. Serial letters(3.vv.) xvi. Progress payment forms (3.ww.) xvii. Force Account (3.xx.) xviii. Progress payments (3.yy.) xix. Change orders (3.bbb.) xx. Protests(3.ccc.) e. Testing Laboratory i. ROM (3.f.) ii. Materials testingand approval iii. On-site compaction testing iv. On-site concrete testing f. Project Manager (Provided by City of Renton) i. Advertisement (3.a.) ii. Contract addenda(3.b.) iii. Bidderquestions(3.c.) iv. Bid deadline andopening(3.c.and d.) Page 8 of 29 KBA, Inc 10/22/25 v. Conformed construction documents (3.f.) vi. ROM (3.g.) vii. Bid analysis(3.i.) viii. Determination of bidder responsibility and bid responsiveness (3.j.) ix. Pre-award meeting (3.k.) x. Preparationofcontract documentsforexecution(3.l.) xi. Award (3.m.) xii. Execution (3.n.) xiii. Recordkeeping(3.o.) xiv. Materials (3.q.) xv. Subcontractors (3.s.) xvi. Preconstruction meeting (3.v.) xvii. Notice to proceed (3.z.) xviii. Work suspension. (3.mm.) xix. IDR’s (3.qq.) xx. Serial letters(3.vv.) xxi. Progress payment forms (3.ww.) xxii. Progress payments (3.xx.) xxiii. Changeorders (3.aaa.) xxiv. Notices(3.ccc.) g.Engineer (Provided byCity of Renton) i. The Authority vested in the “Engineer” by the Standard Specifications shall be vested in the City Transportation Design Manager who performs the duties of the Certification Authority. ii. Directing the Contractor (1.e.) iii. Contract addenda(3.b.) iv. Bidderquestions(3.c.) v. Conformed construction documents (3.f.ii) vi. Pre-award meeting (3.k.) vii. Materials (3.q.) viii. Preconstruction meeting (3.v.) ix. Work suspension. (3.mm.) x. Change orders (3.aaa.) xi. Protests (3.bbb.) h. Engineer of Record (Provided By City of Renton) i.Contract addenda(3.b.) ii. Bidderquestions(3.c.) iii. Conformed construction documents (3.f.) iv. ROM (3.g) v. Non-materials submittal list (3.h.) Page 9 of 29 KBA, Inc 10/22/25 vi. Bid analysis(3.i.) vii. Pre-award meeting (3.k.) viii. Recordkeeping(3.o.) ix. Materials (3.q.) x. Preconstruction meeting (3.v.) xi. Weekly construction meetings (3.cc.) xii. Conformitywith anddeviationsfromplansandstakes(3.hh.) xiii. Permanent monuments (3.jj.) xiv. RFI’s(3.tt.) xv. Change orders (3.bbb.) i.Permit and Environmental Compliance Manager (Provided by City of Renton) i. Reviewandapproval ofContractor’sSPCCplan ii. Environmental (3.ll.) j.City Public Works Department (Provided by City of Renton) i. WaterManager (3.ddd.) ii. Sewerand Surface Water Manager (3.ddd.) iii. StreetsManager(3.ddd.) 3.TASKS a. Advertisement i. PreparedbyProject Manager ii. Placed in newspaperbyCity Clerk iii. Two separate ads, posted for the duration of 21 calendar days (LAG 46.2.24) iv. Electronic copies of the plans and specifications shall be placed by the Project Manager and shall be available, on line, at Builder’sExchange from the first date of advertisement, continuously, until physical completion. b. Contract Addenda i. Contract addenda will be prepared bythe Engineer of Record, reviewed by Project Manager, and signed by Engineer (LAG 46.2.24). c.Bidder Questions i. Questions must be in writing, email preferable. ii. Answerswill be prepared bythe Engineer of Record, reviewed by the Project Manager, and signed by the Engineer. iii. All answers shall be made in writing and posted on the bidding website (Std. Spec. 1-02.4(1), last paragraph). iv. Answersthatchangethe contract will generate contract addenda d. Bid deadline i. The bid delivery will be to the City Clerk and the deadline will be as advertised. e. Bid Opening Page 10 of 29 KBA, Inc 10/22/25 i. The bid opening bythe City Clerk will be at least 48 hoursfollowingthe bid deadline f. Conformed Contract Documents i. Followingthe bid opening, the Engineer of Record will cause the contract documents to incorporate all the changes made during the bidding process. ii. TheEngineerwill signthecontractdocumentsforconstruction approval. g.ROM (Constr. Man.9-1.2C) i. The Record of Materials shall be prepared independently by WSDOT or testing lab and the Engineer of Record and maintained by the Resident Engineer or Documentation Specialist ii. The ROM shall be prepared following bid opening and prior to Award iii. Madeavailable at the Pre-award Meeting iv. See (3.q) h. Non-materials SubmittalList (Constr. Man. 1-05 Othersubmittals page1-51) i.The Engineer of Record and Resident Engineer shall independently prepare a list of all contract-required non-materials submittals. (See Figure 1-1, Constr. Man. 1-05 page 1-55) ii. Following bid opening and prior to award iii. Madeavailable at the pre-award meeting iv. See (3.p) i.Bid Analysis i. The Project Manager shall tabulate all the bids by bid item and evaluate the apparent low bid for balance and other irregularities (Std. Spec. 1- 02.13.2.). The Engineer of Record and Resident Engineer shall review for concurrence. j.Determination of Bid Responsivenessand Bidder Responsibility i. The Project Manager shall determine bid responsiveness and bidder responsibility. A bid may be considered irregular and not responsive for any of the conditions listed in Std. Spec. 1-02.13.Further instruction that shall be followed is contained in LAG 46.2.26. ii. A bidder may be deemed not responsible and the proposal rejected for any of the conditions listed in Std. Spec. 1-02.14. Further instruction that shall be followed is contained in LAG 46.2.22, 27, and 28. iii. The Project Manager shall submit the low bid information to WSDOT Local Programs for review and approval. iv. Before award of a contract, a bidder shall submit to the contracting agency a signed statement in accordance with chapter 5.50 RCW verifying under penalty of perjury that the bidder is in compliance with the responsible bidder criteria requirement of subsection (2)(f) of RCW 39.26.160. A Page 11 of 29 KBA, Inc 10/22/25 contracting agency mayaward a contract in reasonable reliance upon such a sworn statement (RCW 39.26.160 (4)). k.Pre-awardMeeting (Std.Spec.1-02.15) i. TheProjectManagershall schedule and presideover apre-award meeting. ii. Required participants 1. Engineer 2. ProjectManager 3. Engineer of Record 4. Resident Engineer 5. Construction Observer/s 6. Contractor’s Project Manager 7. Contractor’sSiteForeman/Superintendent iii. Agenda shall include at least the following: 1. Time of contract compliance letterand response 2. Apre-awardprogress schedule (3.o.ii). 3. Executed documents deadline 4. Construction phasing 5. Lump sum breakdowns 6. A complete statement ofthe origin, composition, and manufacture of any or all materials to be used; 7. ROM 8. Non-materials submittal List 9. Special citizen outreachrequirements 10. Datefor pre-construction meeting/s 11. Date for notice to proceed 12. Construction offices 13. Lay-downlocations l.Preparationofcontractdocumentsforexecution i. The Project Manager shall prepare the contract documents for execution by the Contractor. m. Award i. The Project Manager shall prepare the contract for award and submit the material to the City Clerk who will submit the contract to the City Council for award. n. Execution (Std. Spec.1-03.3,RCW 35A.40.200, RCW 35.23.352(1)) i. The Project Manager will deliver the complete the contract package to the Contractor. ii. The Contractor must execute and return the contract documents in full within ten days from the date at which he or she is notified that he or she has been awarded the contract. Page 12 of 29 KBA, Inc 10/22/25 iii. The Project Manager willdeliver the contractor-executed contract to the City Clerk for the Mayor’s execution. o. Record Keeping i. Filing system. 1. KBA will host a web-based document management system, Autodesk Construction Cloud, and provide access to City staff assigned to the project. 2. Electronic copies of all contract construction documents shall be kept and filed by the Documentation Specialist and delivered to the Project Manager in PDF format on a “thumb drive” upon contract completion. ii. Timeliness. 1. The Documentation Specialist shall update the status of submittals and subcontractors on a daily basis and make them available to the Construction Observer and Resident Engineer and the Engineer of Record at 7:00 AM the morning following every status change. All other records shall be updated on a weekly basis and made available on line to the City, the Contractor, and all members of the construction management team and at the weekly construction meeting following the status change. iii. Final records. 1. Upon contract completion, the Documentation Specialist shall provide the Project Manager with documentation of the work performed on the contract. Documentation consists of field books, inspector’s record of field tests, Resident Engineer’s and inspector’s diaries, all invoices, weigh bills, truck measurements, quantity tickets, receiving reports, field office ledgers, mass diagrams, cross- sections, computer listings, and work profiles. Photographs or video tapes before, during, and after construction could be useful, especially if care is taken to show any unusual conditions, equipment, or procedures (LAG Man. 52.8.83.4). iv. The Documentation Specialist shall be responsible for filing all meeting minutes (3.dd). v. Contractor Records 1. The Document Specialist shall obtain proof from the Contractor that it has met all the requirements for Records and Retention (Constr. Man. 1-07.11(10)B) p. Non-materials Submittal Schedule i. The Documentation Specialist shall maintain a non-materials tracking spreadsheet, supplied by the City, of status and delivery deadlines of non- Page 13 of 29 KBA, Inc 10/22/25 material submittals for the purpose of notifying the contractor and construction observer of pendingrequirementsfor up-comingconstruction activity. ii. The Resident Engineer shall review thenon-materials tracking spreadsheet at the weekly construction meetings q. Materials i. All materials must be approved by the Project Manager prior to use. The Resident Engineer shall notify Construction Contractor of work found in non-compliance with the requirements of the contract. Verify that the quality of materials and workmanship on a project conform to the contract specifications (LAG 52.3) ii. All QPL, RAM, ASA, CMO, and MCC submittals shall be delivered to the Documentation Specialist, Resident Engineer, and the Project Manager. iii. Each RAM submittal package shall be delivered complete. Parts of assemblies submitted individually will be returned to the Contractor. RAMS that vary from the specifications must be reviewed and approved by the Engineer of Record. iv. The Documentation Specialist shall maintain and update a City form material submittals tracking spreadsheet with all material submittals. v. Materials shall also be tracked by bid item on appropriate WSDOT forms 272-024. vi. The Resident Engineer shall be responsible for reviewing materials submittalsfor conformance with the specifications and approving, or obtaining materials approvals. vii. The Construction Observer shall Verify allMaterials on site. Only approved materials shall be accepted and all materials shall have identification stamps or tags. Non-approved materials and/or materials missing identification shall be rejected and either quarantined or removed from the site. Used materials shall be removed from the site immediately. viii. The Construction Observer shall keep trip tickets, invoices, weigh bills, truck measurements, quantity tickets or other record of the quantities of all materials delivered ix. Materials Certification. The Documentation Specialist shall provide the Engineer, for his signature, a completed Materials Certification form (DOT Form 140-574) upon completion. This materials certification shall be completed in accordance with Construction Manual Section 9-1.5 and Section 52.3 of the LAG Manual (LAG Man. 52.8.83.6). Page 14 of 29 KBA, Inc 10/22/25 r.Subcontractors i. All subcontractors must be approved by the Project Manager before performing any work on the project (Std. Spec. 1-08.1) ii. The Construction Observer shall keep track of all subcontractors on the job site and require removal of all unapproved subcontractors by the Contractor. iii. All subcontractorsmustmeetthe conditionsset forthin Std. Spec. 1-08.1. iv. The Contractor must submit a completed WSDOT form 421-012 for each proposed subcontractor.The request must be reviewed and approved by the Resident Engineer to ensure that the proposed subcontractor meets the requirements of WAC 296.127.10 (Constr. Man. 1-08.1.). v. All subcontractorsmust submit intentsto payprevailingwagesdocuments L&I form F700-029-000 and appropriate addenda before performing any work on the project. vi. All contracts with all subcontractors and lower tier subcontractors shall contain the exact language contained in Form FHWA 1273 as revised May 1, 2012 vii. All subcontractorsmusthave aCity of Renton Business License. viii. The Contractor shall insert the notification set forth in the Standard Specifications in all solicitations for sub-contractor and supplier bids. (Std. Spec. 1-07.11(2)3.) ix. Subcontractor contract retainage requirements GSP1-08.1 (June 3, 2019) must be met. x. The Documentation Specialist shall keep files of all subcontractors and their submittals, and shall maintain and update a City form subcontractor tracking spreadsheet with all subcontractor approval submittals. xi. Removal. If dissatisfied with any part of the subcontracted Work, the Engineer may request in writing that the Subcontractor be removed. (Std. Spec. 1-08.1 last paragraph). xii. If required, the Construction Observer shall observe and record VIN numbers on contractor trucks. s.ProgressSchedule i. Prepared by the Contractor 1. The Progress Schedule shall be type B unless otherwise indicated in the contract (Std. Spec. 1-08.3 (2)) and (Special Provisions, page 75). 2. A pre-award schedule, of sufficient detail to demonstrate completion of the project within the time of contract, shall be submitted at the pre-award meeting (Std. Spec. 1-02.15.3.). 3. A preliminaryschedule shall be submitted five calendardays Page 15 of 29 KBA, Inc 10/22/25 following Contract Execution (Std. Spec 1-08. 3(2)B). 4. The entire project schedule, if different from the pre-award schedule, shall be submitted within 30 calendar days following contract execution. (Std. Spec. 1-08. 3(2)B) ii. The progress schedule shall be reviewed and approved or returned by the Resident Engineer 15 calendar days following submittal by the Contractor, (Std. Spec. 1-08. 3(2)B) iii. The Resident Engineer shall determine if the Contractor will perform at least 30% of the work (Std. Spec. 1-08.1) and: iv. Collectively, lower tier subcontractorsshall not do workthat exceeds 25 % of the total amount subcontracted (Std. Spec. 1-08.1.7.) to all Subcontractors except for structure work. v. The Resident Engineer shall require updates, asmay be required, for review and approval. (Std. Spec. 1-08. 3 (3)) t. Preconstruction Meeting(LAG Man.52.2) i. The Pre-construction meeting shall be scheduled and managed bythe Resident Engineer. ii. List of inviteesshall include: 1. TheProject Manager 2. TheProjectSpecialist (Joey) 3. The Engineer 4. The Engineer of Record 5. The City’sPublic Works representatives 6. The Resident Engineer 7. The Construction Manager 8. The Documentation Specialist 9. TheConstruction Observer/s 10. Thefranchiseutilityrepresentatives iii. The Agenda shall be prepared by the Resident Engineer and shall include at a minimum those items listed in (LAG Appendix 52.101) 1. First Order of Work (Std. Spec. 1-08.4) 2. When shown in the Plans, the first order of work shall be the installation of high visibility fencing to delineate all areas for protection or restoration. iv. Forms 1. The Resident Engineer should provide the Contractor a description of all required forms, giving the Contractor an initial supply of each. Additional forms required by the Contractor over the course of the work should be provided by the Resident Engineer upon request by the Contractor. Remind the Contractor that all form submittals, Page 16 of 29 KBA, Inc 10/22/25 including those of subcontractors, lower-tier subcontractors, and suppliers, should be routed through the Prime Contractor for submittal (Constr. Man. P. 1-52). u. Labor i. Minimum wages shall meet Federal or Washington State prevailingwage rates, whichever is higher. ii. Intentstopayprevailedwages 1. The Prime Contractor and all subcontractors and lower tier subcontractors must submit intents to payprevailed wages. It is the responsibilityof the Documentation Specialist to collect and file the intents (Std. Spec. 1-07.9 and Special Provisions). The Resident Engineer shall not permit the Contractor, subcontractors or lower tier subcontractors onto the job site until their Intents have been submitted. iii. Certified payrolls 1. The Documentation Specialist shall collect and file all certified payrolls and shall not enter work into the progress payment form for payment to the Contractor, subcontractors or lower tier subcontractors, failing to submit the required certified payrolls within 10 calendar days of the of the end of the preceding weekly payroll period. (Std. Spec. 1-07.9(5) 2. The Documentation Specialist shall maintain andupdate a City form certified payrolls tracking spreadsheet containing all certified payrolls. iv. Affidavitsof wagespaid 1. The Documentation Specialist shall collect and file affidavits of wages paid from the Contractor and all subcontractors following physical completion. The City will not accept the project nor release the contract bond until all such affidavits have been delivered. (Std. Spec. 1-07.9(5) v. Interviews (Constr. Man. 1-07.9(1)) 1. The Construction Observer shall perform interviews with the Contractor’s and subcontractor’s worker to verify payment of the correct wage rates.(Constr. Man. p. 1-86) v. Project Labor List (Std. Spec. 1-09.6.1.) i. Project labor lists of the charge rates for all employees shall be submitted by the contractor and all subcontractors for review and approval by the Resident Engineer prior to the notice to proceed. Page 17 of 29 KBA, Inc 10/22/25 w.Contractor’s Equipment Rate List (Std. Spec. 1-09.4 and 1.09.6.3.) i. Contractor-owned equipment rates shall be submitted by the contractor for every piece of equipment potentially used on the job for review and approval by the Resident Engineer prior to the notice to proceed. x.Construction Observer and Documentation Specialist Oversight i. The Resident Engineer shall manage the activities of the Construction Observer and Documentation Specialist and provide direction and training as necessary. If the Construction Observer or Documentation Specialist is failing to perform assigned duties, the Resident Engineer shall attempt to correct the performance. If the Construction Observer or Documentation Specialist fails to make the corrections, he or she must be replaced. In the event the Construction Observer is a City employee, The Construction Manager shall prepare a written notice of performance failure that must be delivered to the Project Manager. ii. If the City employee fails to make the necessary corrections, the Project Manager will remove the City employee and the Resident Engineer maybe required to replace the City employee with a Consultant Construction Observer. y.Noticeto Proceed i. The Project Manager will issue the notice to proceed to the Contractor. ii. Work must begin within 21 days of execution of contract (Std. Spec. 1- 08.4). z.Mobilization (Std. Spec.1-09.7) i. Payment for mobilization will be made in strict compliance with the Standard Specifications. The numerators for the 5% and 10% thresholds calculations are the sums of the value of all bid item and force account work completed up to the cutoff date excluding any amount for the bid item, mobilization. The divisor for the 5% and 10% thresholds calculations is the total original contract amount. The basis for the 10% delayed payment limit until substantial completion is the total original contract amount. aa.Weekly Construction Meetings i. Held in KBA’s or Contractor’s construction office and presided over bythe Resident Engineer. ii. Requiredattendees 1. Construction Manager 2. Resident Engineer 3. Documentation Specialist 4. Construction Observer Page 18 of 29 KBA, Inc 10/22/25 Documentation Specialist Documentation Specialist 5. ProjectManager 6. Engineer 7. Engineer of Record 8. Permit and Environmental Compliance Manager 9. Contractor Representatives iii. Agenda 1. Safety a. Contractor’s report b. Resident Engineer’s report c. Construction Observer’s report 2. Meeting minutes 3. Weeklystatement of working days 4. Schedule progress a. Contractor’s weekly look-ahead schedule b. Up-coming pre-construction meeting dates c. Critical completion dates d. Contractor’s plan for meeting critical completion dates 5. Resident Engineer’s report 6. Construction Observer’s report 7. Environmental compliance report 8. Publicoutreachreport. 9. Submittals a. Changes to the ROM b. Materials tracking spreadsheet review. c. Non- materials tracking spreadsheet review d. The shall review and supply updated copiesof the materialsandnon-materialstracking spreadsheets at every construction meeting. 10. Certified payrolls a. The shall review and supply 11. RFI’s updated copies of the Certified payrolls tracking spreadsheets at every construction meeting. a. Status b. The shall review and supply Documentation Specialist Page 19 of 29 KBA, Inc 7/10/2025 Documentation Specialist Documentation Specialist Documentation Specialist updated copiesof the RFItrackingspreadsheetsand at every construction meeting. 12. Serial Letters a. Status b. The shall review andsupply updated copies of the serial lettertracking spreadsheet at every construction meeting. 13. Change Orders a. Status b. The shall review andsupply updated copies of the Change Order tracking spreadsheet at every construction meeting. 14. Training a. Contractor’s status 15. Subcontractor status a. DBE Status b. Written approvals c. Intents to pay prevailing wages d. Business licenses e. The shall review and supply updated copies of the subcontractor tracking spreadsheets at every construction meeting. bb. Safety (Std. Spec. 1-07.1) i. The Division of Occupational Safety and Health requires that every foreman, supervisor, orother person in charge of a crew have a valid first aid card. (Constr. Man. Page 1-72) ii. The Resident Engineer shall obtain the WISHA manuals, particularly Safety Standards for Construction Work WAC 296-155, General Safety and Health Standards WAC 296-24, and General Occupational Health Standards WAC 296-62, and shall review them with the Construction Observer/s to ensure reasonable familiarity to the extent that they can recognize important requirements. (Constr. Man. Page 1-73) iii. The Resident Engineer, shall complete OSHA Form 301 for each KBA employee injured. iv. Vehicular and pedestrian accidents within project limits shall be reported by the Construction Observer to the City Police at 911. Construction shall make a make a note in his IDR of what happened. cc.Meeting minutes i. Minutesof pre- construction, weekly construction, and all other contractor construction meetings shall be kept by the Documentation Specialist. Page 20 of 29 KBA, Inc 7/10/2025 Copies of said minutes shall be sent to all participants by the day following the meeting for review and comment and such comments shall be returned within 2 days following their receipt. Following corrections, as may have been necessary, the final minutes will be filed and delivered to the participants within an additional 2 days or at the next weekly construction meeting. dd.WeeklyStatements ofWorkingDays i. Shallbe supplied bytheResident Engineer weekly. ii. This report shall be on LAG Man. form 52.105 that details the number of workable/unworkable days charged to a project, the reason a day is charged as unworkable,daily weather codes, the current statusof contract days, and a summary or the week’s construction activity. (Constr. Man. GEN 1-00.7(1)5.) ee.Contractor’s Weekly Look-Ahead Schedule i. The weekly look-ahead shall be for the two-week period beginning the day following the date of the weekly construction meeting. The weekly look- ahead schedule must be delivered to the Resident Engineer three working days prior to the weekly construction meeting (Std. Spec. 1-08.3(2)D). In the event it is not so delivered, the construction meeting may be delayed by the Resident Engineer until he or she has completed his or her review and may suspend work for the period of the meeting delay (Std. Spec. 1- 08.6.2.). The period of such work stoppage will be counted as working days (Std. Spec. 1-08.6.). ii. The Resident Engineer and the Construction Observer shall review the plans, specifications, special provisions, and bid items for work planned for the up-coming work period ff. Conformity With and Deviations FromPlans and Stakes (Std. Spec 1-05.4) i. Construction staking 1. It is the responsibility of the Contractor to accurately set construction stakingand to construct the project in conformance with the plans and specifications. It is the responsibility of the Construction Observer and Resident Engineer to be familiar with the Construction staking noted in the plans and specifications. ii. PROWAG 1. The Construction Observer shall document PROWAGcompliance on all wheelchair ramps and signal construction on WSDOT ADA Measurement Forms with instructions. iii. Preconstruction meetings 1. The Resident Engineer shall conduct pre-construction meetings as may be required by the non-materials submittal list and preceding Page 21 of 29 KBA, Inc 7/10/2025 construction of features such as wheelchair ramps and catch basins /manholes. 2. The Resident Engineer and Construction Observer shall conduct preconstruction meetings prior to construction of curbs at raised intersections, wheelchair ramps, and catch basins/manholes. A City, Wells Williams Project, standard plan for catch basin and manhole construction shall be supplied to the Contractor personnel. iv. Raised intersection gutters 1. The Construction Observer and Engineer of Record shall be present during the forming and pouring of the raised intersection gutters. v. Catch basinsandmanholes 1. The Resident Engineer and Construction Observer shall be present at the construction of the adjustment rings and frames. They shall both inspect all completed catch basins and manholes immediately following final adjustment and require reconstruction of those not meeting the requirements of the standard plan. ii. Testing i. TheConstruction Observer shall contact andscheduletesting. ii. Materials testingwill beprovided by the Consultant. iii. Compaction testingwill be byThe Consultant. iv. Utilitiestesting will be by Public Works: water (name and phone number); sewer and storm (name and phone number). jj.Permanent Monuments (RCW 58.09.130) i.The Resident Engineer or the Construction Observer shall report to the Engineer of Record and Project Manager all permanent monuments found in the construction zone, not shown on the plans. Whenever a survey monument needsto be removed or destroyed, the application required by WAC 332-120-050 shall be submitted to the Department of Natural Resources. It shall be completed, signed and sealed by the Contractor’s land surveyor or engineer. ii. All applications must be completed on forms provided by the Department of Natural Resources and follow instructions provided by DNR. Completed applications shall be filed at DNR (WAC 332-120-070). iii.RCW 58.09.040 requires that, for all monuments that are set or reset, a record of the monument be filed on a Monumentation Map with the County Engineer in the county in which the corner exists and the original sent to the DNR for their records. kk.Correction Notices i. Deviations. When the Construction Observer observes the Contractor’s work deviating from the approved plans and/or specifications he/she shall Page 22 of 29 KBA, Inc 7/10/2025 immediately inform the person performing the unapproved work. ii. The oral notice shall be followed directlywith a written correction notice from the Resident Engineer using a City-approved form and delivered to the contractor’s on-site foreman or superintendent. iii. The Contractor will not be paid for unapproved work and it must be removed and replaced unless the City and Contractor agree to execute a change order for an acceptable deviation. An adjustment in cost may be required. ll. Environmental i. Contractor compliance with permits and environmental regulations shall be the primary responsibility of the contractor and enforcement shall be the primary responsibility of the Permit and Environmental Compliance Manager. The Construction Observer shall report all violations observed to the Permit and Environmental Compliance Manager mm. Work Suspension i. The Resident Engineer may issue a work suspension order when there is overwhelming evidence of contractor disregard for an immediate threat to Life and Safety. (Std. Spec. 1-07.1) and (Constr. Man. 1-07.1 page 1-75). 1. The first course of action is the Construction Observer gives oral notification to the foreman of the Contractor’s crew involved and phone notification to the local WISHA office and the Project Manager if the problem is not corrected immediately. If the Project Manager determinesthat immediate action is required he/she may direct the Construction Observer to immediately Issue a written work suspension order. 2. Second is oral and written notification to the Contractor’s Project Manager and the foreman or superintendent andthe local WISHA field office: 3. Third, if the Contractor refusesto addressthe safety violation and no WISHA officer is available, the Engineer may issue a written work suspension order. ii. The Resident Engineer with input from the Permit and Environmental Manager may suspend work in the vicinity of archaeological or historical objects discovery. iii. The Resident Engineer shall suspend all work in the area of and adjacent to the discovery of human skeletal remains (Constr. Man. 1-07.16(4)A). iv. The Resident Engineer may suspend work in the area of a utility conflict until the solution of the conflict has been determined and a Field Directive has been issued. v. All other Work Suspension Orders must be issued by the Project Manager Page 23 of 29 KBA, Inc 7/10/2025 following consultation with the Engineer and the City Attorney. vi. The Work Suspension Order shall be on a Cityform and must contain, at a minimum, the following: 1. Identification of the Contract work being performed. 2. A description of the reason or alleged infraction including WISHA/OSHA rule if available. 3. Location. 4. Time. 5. The name of the Contractor’s person responsible for the alleged infraction. 6. Photographs and/or video showing the condition or alleged infraction. nn.Photographs i. The Construction Observer shall take photographs of all materials and their identification markings or tags upon delivery, all changes, and adequate photographs of construction to create a complete photographic record of the project construction. All photographs shall be date and time stamped and given a reference number, and a record kept of the locations of all photographs (Constr. Man. 10-3.14). oo.Diary i. The Construction Observer shall keep a diaryrecord of construction activity. (Constr. Man. 10-3.6A) pp.Field Notebooks i. Field Notebooks shall be completed and maintained by the Construction Observer (Constr. Man. 10-3.12). qq.IDR’s i. The Construction Observer shall complete inspector daily reports for every day worked by the Contractor. The IDR’s shall be completed in compliance with Constr. Man. 10-3.6B and delivered to the Documentation Specialist, Resident Engineer and Project Manager In PDF format at the completion of each day’s work. ii. The IDR’s shall be made on WSDOT forms 422-004, 004A and 004B Revised 07/2019 iii. TheResident Engineershall review all IDR’s. rr. PayNotes (FieldNotes)(Constr. Man.10-3.12) i. The Construction Observer shall measure and complete records of quantities of all the bid items constructed each day using WSDOT Form IP 422-635ER EF Revised 2/2009 or KBA provided forms/tracking systems so long as they meet WSDOT requirements. ii. The Construction Observer shall present the completed Pay Notes to the Page 24 of 29 KBA, Inc 7/10/2025 Contractor the following morning for review and signature and immediately forward to the Documentation Specialist and Resident Engineer. iii. The ResidentEngineershall review allpaynotes. iv. The Documentation Specialist shall prepare and complete Pay Note records on Pay Note summary spreadsheets for each pay period. ss.As-BuiltPlans i. The Construction Observer shall keep an independent record of all changes from the plans in his or her diary and in red ink on a full-size set of the construction plans (Constr. Man. 10-3.11A). The as-built plans shall be clearly stamped “AS-BUILT DRAWINGS” and kept in the construction office until physical completion. ii. All corrections, repairs, revisions and additional details necessary to depict the work as it was constructed shall be shown on the as-built plans, whether considered the practice of engineering or not and whether considered a change to the contract or not. iii. The as-built drawingsshall be current with entries made the day the construction changes were made. iv. Changes made pursuant to a Change Order shall be identified on the plans with the Change Order number. v. Photographs of the changes shall be taken and referenced on the plans by reference number. tt.Requests for Information (RFI’s) i. Contractor requestsfor information shall be answered in writing bythe Resident Engineer. ii. If the RFI isfor information missingfrom the plans or specifications, it shall be forwarded to the Engineer of Record for a response. iii. The Documentation Specialist shall maintain and update a City form RFI tracking spreadsheet containing all RFI’s. uu.Serial letters i. Serial letters shall be used for the tracking of time-sensitive communications that require responses, such asnotices, claims, protests, etc. ii. The Construction Manager shall consult with the Resident Engineer and prepare the responses. They shall be reviewed by the Project Manager, reviewed bythe Engineer, reviewed by the City Attorney if necessary, and sent to the Contractor. iii. The Documentation Specialist shall maintain and update a City form serial letter tracking spreadsheet for tracking all protests, disputes, claims, requests for additional time, and all other time sensitive correspondence Page 25 of 29 KBA, Inc 7/10/2025 between the City and the Contractor. x.Progress Payment Forms i. Following award, the Project Manager shall input the contract schedule of prices on the City Progress Payment forms and then shall lock the input contract data and forward the completed forms to the Resident Engineer and Documentation Specialist. ii. Following execution of achange order, the Project Manager shall input the change order items and estimates and then shall lock the input change order data and forward the completed forms to the Resident Engineer and Documentation Specialist. iii. All theformula columnsshall be locked. ww.ForceAccount (Std.Spec. 1-9.6) i. The Construction Observer shall track force account work on City forms. The forms shall be completed by the end of each day force account work was performed. The Construction Observer shall sign and obtain the signature of the Contractor’s representative on all completed force account tracking forms before the end of the following day. The Construction Observer shall forward all completed and signed force account trackingforms to the Resident Engineer, the Project Manager, and Documentation Specialist. xx.Progress Payments (Std. Spec. 1-09.90 i. Progress payment invoices shall be prepared and signed by the Documentation Specialist or Resident Engineer on forms provided by the City. All bid item quantities shall be based on the pay notes generated for that pay period. ii. All input by KBA will be in quantities from the Pay Note Summary spreadsheet. KBA will check measurement and payment for the complete bid items of the specifications to verify that the measurement conditions have been met. iii. The estimate to complete column must never contain formulas. The input shall be actual estimated quantities provided by the Construction Observer and reviewed by the Resident Engineer. iv. Completed progress paymentsmust be reviewed and signed by the Project Manager prior to submittal to the Contractor for signature. v. The Engineer will review, sign, and submit the signed Progress Payment Invoices to the City Finance Division in time to insure payment to the contractor within 30 days from the Contractor’s signed progress payment invoices delivery to the City. yy. Materials on Hand (Std. Spec.1-09.8) i. Payment for materialson hand will be made in strict compliance with the Page 26 of 29 KBA, Inc 7/10/2025 Standard Specifications. zz. Field Directives (Std. Spec. 1-04.4.) i. Written field directives shall be used to enforce correction notices or initiate change orders. They will be issued by the Resident Engineer or Construction Observer on City forms. ii. They shall include a description of required work and in the case of changes, a rough estimate. Signatures of the initiator, the Resident Engineer or ConstructionObserver are required and the Contractor’s representative for changes. aaa. ChangeOrders i. Change ordersshall be prepared by the Resident Engineer on City approved forms, and in compliance with (Std. Spec. 1-04.4.) ii. Change orders must be reviewed and signed by the Project Manager, Engineer, Engineer of Record, Engineer, and others as may be required by City Policy. iii. The change order, approved and issued by the Engineer, will be given to the Contractor for endorsement. If the Contractor fails to endorse and return the change order, request an extension of time for endorsement or responds in accordance with Std. Spec. 1-04.4. within 14 days of delivery to the Contractor, it may be issued unilaterally by the City. iv. Change orders shall include only force account work, bid item work, or a lump sum. Mixing any of the above in one change order makes tracking of force account work impossible. v. Preparation of change orders shall begin immediately following issuance of field directives or the decision for a planned change. In the case of a planned change, the first step is a determination that the change is not a new project by the City Attorney. The preparation of all change orders is as follows: 1. Complete adescription of the change. 2. Prepare a cost estimate bythe Resident Engineer. 3. Get a change orderquotation or estimate from the Contractor. 4. Establish force account estimate, bid item, or negotiated lump sum amount for the equitable adjustment. Force account change orders are preferable. 5. Update labor list and equipment rate list if necessary. 6. Complete a reasonforthe change. 7. Executethe change order. A change order has fixed unit prices and estimated bid item quantities, fixed as a lump sum, or an open estimate in the case of force account. In any case it must be executed immediately in order to pay the contractor Page 27 of 29 KBA, Inc 7/10/2025 for its work. Force account recordsare for progress payments, not change orders. vi. MinorChanges shall not be used. vii. Equitable Adjustment includes the cost of the labor, equipment, materials, bid items, if any, and the costs of non-main office extended overhead, if any (Std. Spec.1-09.4). viii. Completed changeordersshallbefiledbytheDocumentation Specialist. ix. The Documentation Specialist shall maintain and update a City form Change Order tracking spreadsheet that shall include all Field Directives and Change Orders. bbb. Protests i. The procedure for the Contractor to file a protest is set forth in Std. Spec. 1-04.5. ii. The Resident Engineer, with recommendations from the Construction Manager and as reviewed and approved by the Project Manager, shall propose resolution of protests, disputes and claims.(Std. Spec.1-09.11). Final determination of the response to the Contractor shall be made by the Engineer. iii. The Documentation Specialist shall trackall protests, disputes and claims on a City form serial letter tracking spreadsheet. ccc. Notices i. The method for serving and receiving notices is set forth in Std. Spec. 1.05.15. Noticesfromthe Contractor shall be sent to the Project Manager. Notices to the Contractor shall be prepared by the Resident Engineer and issued by the Project Manager. ddd. City Public Works Department Notification i. The Construction Observer shall be responsible for notifying CityPublic Works employees when the following work is requested (3.ii.): ii. Water 1. Pressure Testing 2. Disinfection 3. Purity Testing iii. Sewer 1. Video 2. Pressure Testing 3. Manhole inspection iv. Surface Water 1. Video 2. Pressure testing 3. Manhole/catch Basin inspection Page 28 of 29 KBA, Inc 7/10/2025 v. Streets 1. Curb/gutter inspection 2. Sidewalkinspection 3. Pavement inspection 4.CONTROLLING ORDER OF CONTRACT DOCUMENTS (Std. Spec. 1-04.2) a. Addenda, b.Proposal Form, c.Special Provisions, d. Contract Plans, e. Amendments to the Standard Specifications, f.StandardSpecifications, g.CityofRentonStandardPlans h. Geotechnical Studies 5.CM CONSTRUCTION OFFICE a. The construction office shall be provided by the City of Renton, which may consist of cubicles at City offices. b. Construction office equipment shall be provided by The City of Renton. In the event there is a delay in power, cable, or phone connections or equipment deficiency of any kind, it shall be the responsibility of KBA to temporarily provide such connections and/or equipment necessary to perform the duties of the KBA. The City will compensate the KBA for such temporary provision of connections and/or equipment required to be provided by others. c. Weekly Construction Meetings will beheld inthe KBA’sconstruction fieldoffice. d. Scope of Work. This Scope of Work shall be kept and mounted on a wall in the construction office at all times. e. Plans and Specifications.A full size set of Project Plans together with all other Contract Documents shall be kept and available in the construction office at all times. f. Change Tracking. The Construction Observer shall track and record all changes on separate full size set of plans kept in the construction office. Changes shall be recorded in red the day of or following the change. g.Permits. Copies of all project permits shall be kept and mounted on a wall in the KBA’s construction office at all times. h. Progress Schedule.A current Progress Schedule of the entire project shall be kept and mounted on a wall in the construction office at all times. The Resident Engineer shall track the construction progress with a yellow hi-liter. The construction progress tracking shall be based on the Pay Notes and be entered as soon as available. i. PostingNotices (Std. Spec. 1-07.9(2)) i. The Resident Engineer shall verifythat the Contractor poststhe required Page 29 of 29 KBA, Inc 7/10/2025 notices listed in the referenced standard specification and the additional documents listed in (Constr. Man. 1-07.(2). ii. The location of the postings must be as set forth in the Standard Specifications at the job site or if the project is small and the Contractor has no on-site construction office, then alternatively, the Contractor may post the notices at the corporate office and supply each and every employee working on the project with copies of all the required notices. Assumptions Schedule assumes 80 contract days, from November 2025 through June 2026, including a winter suspension beginning in December 2025 and ending in March 2026. The anticipated completion date for this project will be in June, 2026. o Start-up - 10 days o Construction - 60 Contractor Working Days o Closeout - 10 days Estimate does not include overtime or night inspection. Overtime hours for exempt employees are invoiced at time and a half premium. Night Shift is charged at a 15% premium for all employees on Direct Labor Costs This estimate does include Materials Testing Services This contract is not receiving federal funding contributions and therefore not subject to federal acquisition requirements (FAR’s). This Agreement does not have DBE goals or DBE reporting requirements KBA labor rates provided in this estimate are all inclusive and valid through December 31, 2025, and the rates provided for 2026 are estimated with a 5% escalation on Direct Salary Costs. Labor will be invoiced at actual cost. Client will provide office space for up to two (2) Consultant Staff The Autodesk Construction Cloud website being used for this Project is proprietary to 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. RCW 4.24.115 is applicable to KBA’s services provided under this Agreement. Services provided by KBA 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. Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised //20 1 Exhibit B DBE Participation Plan Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised //20 1 Exhibit C PreparationandDeliveryofElectronicEngineeringandOtherData In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is to use in preparing electronic files for transmission to the agency. The format and standards to be provided may include, but are not limited to, the following: I. Surveying, Roadway Design & Plans Preparation Section A. Survey Data B. Roadway Design Files C. Computer Aided Drafting Files Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised //20 1 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 Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised //20 1 II. Any Other Electronic Files to Be Provided III. Methods to Electronically Exchange Data Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised //20 1 A. Agency Software Suite B. Electronic Messaging System C. File Transfers Format Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised //20 1 Exhibit D Prime Consultant Cost Computations Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised //20 1 Exhibit E Sub-consultant Cost Computations o 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 theAGENCY. Refer to section VI “Sub-Contracting” of this AGREEMENT. Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised //20 1 Exhibit F Title VI Assurances Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised //20 1 Exhibit F Title VI Assurances Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised //20 1 Exhibit G Certification Document Exhibit G-1(a)Certification of Consultant Exhibit G-1(b)Certification of Exhibit G-2 Exhibit G-3 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary CoveredTransactions Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying Certificate of Current Cost or Pricing Data Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised //20 1 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 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 thisAGREEMENT; 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 Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (ifany); I acknowledge that this certificate is to be furnished to the _________________________________________ and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Consultant (Firm Name) Signature (Authorized Official of Consultant) Date Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised //20 1 Exhibit G-1(b) Certification of ________________________________________ I hereby certify that I am the: Other of the _______________________________________, and ________________________________________ or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: a) Employ or retain, or agree to employ to retain, any firm or person; o b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): I acknowledge that this certificate is to be furnished to the ___________________________________________ and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Signature Date Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised //20 1 Exhibit G-2 Certification Regarding Debarment Suspension and Other Responsibility Matters - Primary Covered Transactions I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; B. Have not within a three (3) year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State anti-trust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; an D. Have not within a three (3) year period preceding this application / proposal had one or more public transactions (Federal, State and local) terminated for cause or default. II. Where the prospective primary participant is unable to certify to any of the statements in this certification such prospective participant shall attach an explanation to this proposal. Consultant (Firm Name) Signature (Authorized Official of Consultant) Date Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised //20 1 Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative AGREEMENT, and the extension, continuation, renewal, amendment, or modification of Federal contract, grant, loan or cooperative AGREEMENT. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete and submit Standard Form - LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the require certification shall be subject to a civil penalty of not less than $10,000.00, and not more than $100,000.00 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier sub-contracts, which exceed $100,000 and that all such sub-recipients shall certify and disclose accordingly. Consultant (Firm Name) Signature (Authorized Official of Consultant) Date Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised //20 1 Exhibit G-4 Certification of Current Cost or Pricing Data This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted, either actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer’s representative in support of ______________________________________* are accurate, complete, and current as of ______________________________________________**. This certification includes the cost or pricing data supporting any advance AGREEMENT’s and forward pricing rate AGREEMENT’s between the offer or and the Government that are part of the proposal. Firm: ___________________________________________________________________________ Signature Title Date of Execution __________________________________________________________***: *Identify the proposal, quotation, request for pricing adjustment, or other submission involved, giving the appropriate identifying number (e.g. project title.) **Insert the day, month, and year, when price negotiations were concluded and price AGREEMENT was reached. ***Insert the day, month, and year, of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised //20 1 Exhibit H Liability Insurance Increase To Be Used Only If Insurance Requirements Are Increased The professional liability limit of the CONSULTANT to the AGENCY identified in Section XII, Legal Relations and Insurance of this Agreement is amended to $ _______________________ . The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the amount of $ __________________________________. Such insurance coverage shall be evidenced by one of the following methods: • Certificate of Insurance • Self-insurance through an irrevocable Letter of Credit from a qualified financial institution Self-insurance through documentation of a separate fund established exclusively for the payment of professional liability claims, including claim amounts already reserved against the fund, safeguards established for payment from the fund, a copy of the latest annual financial statements, and disclosure of the investment portfolio for those funds. Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed $1 million per occurrence or the value of the contract, whichever is greater, then justification shall be submitted to the Federal Highway Administration (FHWA) for approval to increase the minimum insurance limit. If FHWA approval is obtained, the AGENCY may, at its own cost, reimburse the CONSULTANT for the additional professional liability insurance required. Notes: Cost of added insurance requirements: $ ___________________________. • Include all costs, fee increase, premiums. • This cost shall not be billed against an FHWA funded project. • For final contracts, include this exhibit ______________________________________________________________________ Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised //20 1 Exhibit I Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant has alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1 Potential Consultant Design Error(s) is Identified by Agency’s Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency’s project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer’s concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include all decisions and descriptions of work, photographs, records of labor, materials, and equipment. Step 3 Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manager and any personnel (including sub-consultants) deemed appropriate for the alleged design error(s) issue. Step 4 Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultant’s alleged design error(s), there are three possible scenarios: • It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. • It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant’s agreement with the agency for the services on the project in which the design error took place. The agency is to provide LP, through the Region Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements. No further action is required. • There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with theirlegal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised //20 1 Step 5 Forward Documents to Local Programs For federally funded projects, all available information, including costs, should be forwarded through the Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary, LP will request assistance from the Attorney General’s Office for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement. • If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. LP, in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue. • If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or by litigation. Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised //20 1 Exhibit J Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant’s claim(s) total a $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant’s claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1 Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement’s scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency’s project manager. The consultant’s claim must outline the following: • Summation of hours by classification for each firm that is included in the claim • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 Review by Agency Personnel Regarding the Consultant’s Claim for Additional Compensation After the consultant has completed step 1, the next step in the process is to forward the request to the Agency’s project manager. The project manager will review the consultant’s claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project’s funding, forward a copy of the consultant’s claim and the Agency’s recommendation for federal participation in the claim to the WSDOT Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs (if applicable), and FHWA (if applicable) agree with the consultant’s claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim. After the request has been approved, the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. If the Agency does not agree with the consultant’s claim, proceed to step 3 of the procedures. Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised //20 1 Step 3 Preparation of Support Documentation Regarding Consultant’s Claim(s) If the Agency does not agree with the consultant’s claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • Agency’s summation of hours by classification for each firm that should be included in the claim • Any correspondence that directed the consultant to perform the additional work; • Agency’s summary of direct labor dollars, overhead costs, profit and reimbursable costs associate with the additional work; • Explanation regarding those areas in which the Agency does/does not agree with the consultant’s claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s); and • Recommendations to resolve the claim. Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5 Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding the consultant’s claim(s). Include the final dollar amount of the accepted claim(s) and rationale utilized for the decision. Step 6 Preparation of Supplement or New Agreement for the Consultant’s Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit