HomeMy WebLinkAboutContract CAG-11-105
Local Agency f Con sultant/Address/Telephone
Standard Consultant KBA, Inc.
Agreement �
11000 Main Street
®Arch itectural/Engineering Agreement � Bellevue, WA 98004
171 Personal Services Agreement ! 425-455-9720
Agreement Number
Project Title And Work Description –�
Federal Aid Number —� Rainier Ave S (SR 167) - S Grady Way
— to S 2nd St Project
Agreement Type(Choose one)
❑Lump Sum Construction Management and
Lump Sum Amount $ Inspection Services
®Cost Plus Fixed Fee
Overhead Progress Payment Rate %I —
Overhead Cost Method DBE Participation
El Cost El Yes 0 No %
Federal ID Number or Social Security Number
[I Actual Cost Not To Exceed °%O 91-158_1416
®Fixed Overhead Rate 127.8_4 % Do you require a 1099 for IRS? I Completion Date
Fixed Fee $ 28,627.00 _ i ❑Yes tK_l No j 12/31/2012
❑Specific Rates Of Pay € Total Amount Authorized $ 275,000
❑Negotiated Hourly Rate
Management Reserve Fund$ 25,000
❑Provisional Hourly Rate
❑Cost Per Unit of Work Maximum Amount Payable$ 300,000
Index of Exhibits (Check all that apply):
.E]Exhibit A-I Scope of Ifflork ❑ Exhibit G-2 Fee-Sub Specific Rates
❑Exhibit A-2 Task Order Agreement ❑Exhibit 6-3 Sub Overhead Cost
❑Exhibit B-1 DBE Utilization Certification 21 Exhibit 11 Title VI Assurances
ZI Exhibit C Electronic Exchange of Data 0 Exhibit I Payment Upon Termination of Agreement
❑Exhibit D-1 Payment- Ltunp Sum ❑Exhibit J Alleged Consultant Design Error Procedures
.I Exhibit D-2 Payment-Cost Plus Q]Exhibit K Consultant Claim Procedures
❑Exhibit D-3 Payment-I lourly Rate ❑Exhibit L Liability Insurance Increase
❑Exhibit D-4 Payment-Provisional ID Exhibit M-la Consultant Certification
Exhibit E-I Fee-Lump/Fixed/Unit 23 Exhibit M-I b Agency Official Certification
❑Exhibit E-2 Fee-Specific Rates Q Exhibit M-2 Certification-Primary
ZI Exhibit F Overhead Cost p Exhibit M-3 Lobbying Certification
El Exhibit G Subcontracted Work .[)Exhibit M-4 Pricing Data Certification
❑Exhibit G-i Subconsultant.Fee ❑App. 31.910 Supplemental Signature Page
THIS AGREEMENT,made and entered into this day of 2011
between the Local Agency of City Of Renton .Washinoton.'heref after called the"AGENCY".
and the above organization hereinafter called theCONSULTANT".
DOT Form 140-089 EF Page 1 of 8
Revised 312008
WITNESSETH THAT:
WHEREAS.the AGENCY desires to accomplish the above referenced project,and
WHEREAS..the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it
advisable raid desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT:
and
WHEREAS.the CONSULTANT represents that he/she is in compliance with the Washington State Statutes relating to
professional registration,if applicable.and has signified a willingness to furnish Consulting services to the AGENCY,
NOW THEREFORE,in consideration of the terms.conditions..covenants and performance contained herein,or attached
and incorporated and made a pail hereof,the parties hereto agree as follows:
I General Description of Work
The work under this AGREEMENT shall consist of the above described work and services as herein defined and
necessary to accomplish the completed work for this PROJECT.The CONSULTANT sha11 furnish all services,labor,and
related equipment necessary to conduct and complete the work as desipated elsewhere in this AGREEMENT.
II Scope of Work
The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit"A"attached hereto and
by this reference made a part of this AGREEMENT.
III General Requirements
All aspects of coordination of the work of this AGREEMENT with outside agencies,groups.or individuals shall receive
advance approval by the AGENCY.Necessary contacts and meetings with agencies,groups,and/or individuals shall be
coordinated through the AGENCY.The CONSULTANT shall attend coordination,progress and presentation meetings
with the AGENCY and/or such Federal.State,Community,City or County officials.groups or individuals as may be
requested by the AGENCY.The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring
CONSULTANT participation.The minimun required hours or days notice shall be agreed to between the AGENCY and
the CONSULTANT and shown in Exhibit"A."
The CONSULTANT shall prepare a monthly progress report,in a form approved by the AGENCY,which will outline in
written and graphical form the various phases and the order of performance of the work in sufficient detail so that the
progress of the work can easily be evaluated.
The CONSULTANT,and each SUBCONSULTANT,shall not discriminate on(lie basis of race,color,national origin,or
sex in the performance of this contract.The CONSULTANT,and each SUBCONSULTANT,shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of USDOT-assisted contracts. Failure by the
CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the
termination of this AGREEMENT.
Participation for Disadvantaged Business Enterprises(131311), if required,per 49 CFR Part 26,or participation of Minority
Business Enterprises(MBE),and Women Business Enterprises(WBE),shall be shown on the heading of this
AGREEMENT. If D/M/WBE firms are utilized,the amounts authorized to each firm and their certification number will be
shown oft Exhibit"B"attached hereto and by this reference made a part of this AGREEMENT.If the Prime
CONSULTANT is a DBE firm they must comply with the Commercial Useful Function(CUF)regulation outlined in the
AGENCY'S"DBE Program Participation Plan".The mandatory DBE participation goals of the AGREEMENT are those
established by the WSDOT'S highway and Local Programs.Project Development Engineer in consultation with the
AGENCY.
All Reports,PS&E materials.and other data furnished to the CONSULTANT by the AGENCY shall be returned. All
electronic files,prepared by the CONSULTANT,must meet the requirements as outlined in Exhibit"C."
All designs,drawings,specifications,documents,and other work products, including all electronic files,prepared by the
CONSULTANT prior to completion or termination of this AGREEMENT are instrwnents of service for this PROJECT,
and are the property of the AGENCY.Reuse by the AGENCY or by others.acting through or on behalf of the AGENCY
of any such instruments of service,not occurring as a part of this PROJECT,shall be without liability or legal exposure to
the CONSULTANT.
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IV Time for Beginning and Completion
The CONSULTANT shall not begin any work under the terns of this AGREEMENT until authorized in writing by the
AGENCY.
All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under
completion date.
The established completion time shall not be extended because of any delays attributable to the CONSULTANT,but
may be extended by the AGENCY in the event of a delay attributable to the AGENCY,or because of unavoidable
delays caused by an act of GOD or governmental actions or other conditions beyond the control of the
CONSULTANT.A prior supplemental agreement issued by the AGENCY is required to extend the established
completion time.
V Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this
AGREEMENT as provided in Exhibit"D"attached hereto.and by reference made part of this AGREEMENT.Such
payment shall be full compensation for work performed or services rendered and for all labor,materials.supplies.
equipment,and incidentals necessary to complete the work.The CONSULTANT shall conform to all applicable
portions of 48 CFR Part 31.
A post audit may be performed on this AGREEMENT.The need for a post audit will be determined by the State
Auditor,WSDOT External Audit Office and/or at the request of the AGENCY`S PROJECT Manager.
VI Sub-Contracting
The AGENCY permits sub-contracts for those items of work as shown in Exhibit"G"attached hereto and by this
reference made part of this AGREEMENT.
Compensation for this sub-consultant work shall be based on the cost factors shown on Exhibit"G."
The work of the sub-consultant shall not exceed its maximum amount payable unless a prior written approval has been
issued by the AGENCY.
All reimbursable direct labor,overhead,direct non-salary costs and fixed fee costs for the sub-consultant shall be
substantiated in the same manner as outlined in Section V. All sub-contracts shall contain all applicable provisions of
this AGREEMENT.
With respect to sub-consultant payment, the CONSULTANT shall comply with all applicable sections of the Prompt
Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011.
The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT without prior
written permission of the AGENCY.No permission for sub-contracting shall create,between the AGENCY and sub-
contractor,any contract or any other relationship.A DBE certified sub-consultant is required to perform a mininwm
amount of their sub-contracted agreement that is established by the WSDOT Ilighways and Local Programs Project
Development Engineer in consultation with the AGENCY.
VII Employment
The CONSULTANT warrants that they have not employed or retained any company or person;other than a bona fide
employee working solely for the CONSULTANT,to solicit or secure this contract.and that it has not paid or agreed to
pay any company or person,other than a bona tide employee working solely for the CONSULTANT,any fee,
commission.percentage,brokerage fee,gift.or any other consideration,contingent upon or resulting from the award or
making of this contract.For breach or violation of this warrant;the AGENCY shall have the right to annul this
AGREEMENT without liability or,in its discretion,to deduct from the AGREEMENT price or consideration or
otherwise recover the full amount of such fee.commission,percentage,brokerage fee,gift,or contingent fee.
Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or
services required of the CONSULTANT under this AGREEMENT,shall be considered employees of the
CONSULTANT only and not of the AGENCY,and any and all claims that may arise under any Workmen's
Compensation Act on behalf of said employees or other persons while so engaged.and any and all claims made by a
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third party as a consequence of 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 the contract,any
professional or technical personnel who are,or have been,at any time during the period of the contract,in the employ
of the United States Department of Transportation,or the STATE,or the AGENCY.except regularly retired
employees.Nvithout written consent of the public employer of such person. v
VIII Nondiscrimination
During the performance of this contract,the CONSULTANT.for itself,its assignem and successors in interest agrees
to comply with the following laws and regulations:
Title VI of the Civil Rights Act of 1964
(42 USC Chapter 21 Subchapter V Section 2000d through 2000d-4a)
Federal-aid Highway Act of 1973
(23 USC Chapter 3 Section 324)
Rehabilitation Act of 1973
(29 USC Chapter 16 Subchapter V Section 794)
Age Discrimination Act of 1975
(42 USC Chapter 76 Section 6101 et seq.)
Civil Rights Restoration Act of 1987
(Public Law 100-259)
American with Disabilities Act of 1990
(42 USC Chapter 126 Section 12101 et.seq.)
49 CFR Part 21
23 CFR Part 200
RCW 49.60.190
In relation to Title V1 of the Civil Rights Act of 1964,the CONSULTANT is bound by the provisions of Exhibit"I I"
attached hereto and by this reference made part of this AGREEMENT,and shall include the attached Exhibit AT'in
every sub-contract,including procurement of materials and leases of equipment,unless exempt by the Regulations or
directives issued pursuant thereto.
IX Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten(10)days written notice to
the CONSULTANT.
In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the
CONSULTANT,a final payment shall be made to the CONSULTANT as shown in Exhibit"I"for the type of
AGREEMENT used.
No payment shall be made for any work completed after ten(10)days following receipt by the CONSULTANT of the
Notice to Terminate.If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds
the total amount that would be due when computed as set forth herein above,then no final payment shall be due and the
CONSULTANT shall immediately reimburse the AGENCY for any excess paid.
If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT.
the above formula for payment shall not apply.
Page 4 of 8
In such an event,the amount to be paid shall be determined by the AGENCY with consideration given to the actual
costs incurred by the CONSULTANT in performing the work to the date of termination,the amount of work originally
required which was satisfactorily completed to date of termination,whether that work is in a form or a type which is
usable to the AGENCY at the time of termination.the cost to the AGENCY of employing another firm to complete the
work required and the time which may be required to do so..and other factors which affect the value to the AGENCY of
the work performed at the time of termination.
Under no circumstances shall payment made under this subsection exceed the amount.which would have been made
using the formula set forth above.
If it is determined for any reason that the CONSUL'T'ANT was not in default or that the CONSULTANT'S failure to
perform is without the CONSULTANT'S or it's employee's default or negligence.the termination shall be deemed to
be a termination for the convenience of the AGENCY. In such an event.the CONSULTANT would be reimbursed for-
actual costs in accordance with the termination for other than default clauses listed previously.
in the event of the death of any member,partner or officer of the CONSULTANT or any of its supervisory personnel
assigned to the PROJECT,or dissolution of the partnership,termination of the corporation,or disaffiliation of the
principally involved employee.the surviving members of the CONSULTANT hereby agree to complete the work under
the terns of this AGREEMENT;if requested to do so by the AGENCY.This subsection shall not be a bar to
renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the
AGENCY so chooses.
In the event of the death of any of the parties listed in the previous paragraph,should the surviving members of the
CONSULTANT,with the AGENCY'S concurrence.desire to terminate this AGREEMENT,payment shall be made as
set forth in the second paragraph of this section.
Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of
any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT.or for
failure of the CONSULTANT to perform work required of it by the AGENCY. forbearance of any rights under the
AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or
omission by the CONSULTANT.
X Changes of Work
The CONSULTANT shall.make such changes and revisions in the complete work of this AGREEMENT as necessary
to correct errors appearing therein.when required to do so by the AGENCY.without additional compensation thereof.
Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts
thereof changed or revised,the CONSULTANT shall make such revisions as directed by the AGENCY.This work
shall be considered as Extra Work and will be paid for as herein provided under Section XIV.
XI Disputes
Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the
CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY
Engineer,whose decision in the matter shall be final and binding on the parties of this AGREEME•N`r:provided.
however,that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision,that
decision shall be subject to de novo judicial review. If the parties to this AGREEMENT mutually agree.disputes
concerning alleged design errors will be conducted under the procedures found in Exhibit"J",and disputes concerning
claims will be conducted under the procedures found in ExhibitK".
XII Venue, Applicable Law, and Personal Jurisdiction
In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or
obligation under this AGREEMENT,the parties hereto agree that any such action shall be initiated in the Superior
court of the State of Washington,situated in the county in which the AGENCY is located.The parties hereto agree that
all questions shall be resolved by application of Washington law and that the parties to such action shall have the right
of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington.The
CONSULTANT hereby consents to the personal-jurisdiction of the Superior court of the State of Washington,situated
in the county in which the AGENCY is located.
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XIII Legal Relations
The CONSULTANT shall comply with all Federal,.State,and local laws and ordinances applicable to the work to be
done under this AGREEMENT.This contract shall be interpreted and construed in accordance with the laws of the.
State of Washington,
The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless
from and shall process and defend at its own expense all claims,demands,or suits at law or equity arising in whole or
in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT,provided
that nothing herein shall require a CONSULTANT to indemnity the AGENCY or the STATE against and hold
harmless the AGENCY or the STATE from claims.demands or suits based solely upon the conduct of the AGENCY or
the STATE..their agents,officers and employees;and provided further that if the claims or suits are caused by or result
from the concurrent negligence of(a)the CONSULTANT'S agents or employees,and(b)the AGENCY or the
STATE;their agents,officers and employees,this indemnity provision with respect to(1)claims or suits based upon
such negligence(2)the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and
enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents
or employees.
The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor.
The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws,including RCW 42.23,
which is the Code of Ethics for regulating contract interest by municipal officers.The CONSULTANT specifically
assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and,
solely for the purpose of this indemnification and defense_the CONSULTANT specifically waives any immunity under
the state industrial insurance law.Title 51 RCW.
Unless otherwise specified in the AGREEMENT,the AGENCY shall be responsible for administration of construction
contracts,if any,on the PROJECT. Subject to the processing of a new sole source,or an acceptable supplemental
agreement;the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administration. By
providing such assistance.the CONSULTANT shall assume no responsibility for:proper construction techniques,job
site safety,or any construction contractor's failure to perform its work in accordance with the contract documents.
The CONSULTANT shall obtain and keep in force during the teens of the AGREEMENT;or as otherwise required..
the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to
Title 48 RCW.
Insurance Coverage
A.Worker's compensation and employer's liability insurance as required by the STATE.
B.Commercial general liability and property damage insurance in an aggregate amount not less than two million
dollars(S2,000,000)for bodily injuy,including death and property damage.The per occurrencee amount shall
not exceed one million dollars(SI,000,000).
C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar(51,000.000)
combined single limit.
Excepting=the Worker's Compensation Insurance and any Professional Liability Insurance secured by the
CONSULTANT.the AGENCY will be named on all policies as an additional insured.The CONSULTANT shall
furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT. The AGENCY
reserves the right to require complete;certified copies of all required insurance policies at any time.
All insurance shall be obtained from an insurance company authorized to do business in the State of Washington.The
CONSULTANT shall submit a verification of insurance as outlined above within fourteen(14)days of the execution of
this AGREEMENT to the AGENCY.
No cancellation of the foregoing policies shall be effective Nvithout thirty(30)days prior notice to the AGENCY
The CONSUL'TANT'S professional liability to the AGENCY shall be limited to the amount payable under this
AGREEMENT or one million(51,000.000)dollars,whichever is the greater,unless modified by Exhibit"L". In no
case shall the CONSULTANT'S professional liability to third parties be limited in any way.
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The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this
section.This remedy is not exclusive;and the AGENCY and the STATE may take such other action as is available to it
under other prop isions of this AGREEMENT,or otherwise in law.
XiV Extra Work
A.The AGENCY may at any time.by written order,make changes within the general scope of the AGREEMENT in
the services to be performed.
B. If any such change causes an increase or decrease in(lie estimated cost of.or the time required for,performance of
any part of the work under this AGREEMENT,whether or not changed by the order,or otherwise affects any other
terms and conditions of the AGREEMENT,the AGENCY shall make an equitable adjustment in the(1)maximum
amount payable;(2)delivery or completion schedule,or both;and(3)other affected terms and shall modify the
AGREEMENT accordingly.
C. The CONSULTANT must submit any"request for equitable adjustment".hereafter referred to as"CLAIM",under
this clause within thirty(30)days front the date of receipt of the written order.Ilowever.if the AGENCY decides
that the facts justify it,the AGENCY stay receive and act upon a CLAIM submitted before final payment of the
AGREEMENT.
D. Failure to agree to any adjustment shall be a dispute under the Disputes clause.however,nothing in this clause
shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed.
E.Notwithstanding the terms and conditions of paragraphs(A)and(B)above,the maximum amount payable for this
AGREEMENT.shall not be increased or considered to be increased except by specific written supplement to this
AGREEMENT.
XV Endorsement of Plans
If applicable.the CONSULTANT shall place their endorsement on all plans.estimates,or any other engineering data
furnished by them.
XVI Federal and State Review
The Federal Highway Administration and the Washington State Department of Transportation shall have the right to
participate in the review or examination of the work in progress.
XVII Certification of the Consultant and the Agency
Attached hereto as Exhibit"M-1(a and b)"are the Certifications of the CONSULTANT and the AGENCY.Exhibit"M
-2"Certification Regarding Debarment,Suspension and Other Responsibility Matters-Primary Covered Transactions.
Exhibit"M-3"Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit"M-4"
Certificate of Current Cost or Pricing Data.Exhibit"M-3"is required only in AGREEMENTS over S100.000 and
Exhibit"M-4"is required only in AGREEMENTS over 5500,000.
XVIII Complete Agreement
This document and referenced attachments contain all covenants,stipulations,and provisions agreed upon by the
parties.No agent,or representative of either party has authority to stake,and the parties shall not be bound by or be
liable for,any statement,representation.promise or agreement not set forth herein.No changes,amendments,or
modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to
this AGREEMENT.
XIX Execution and Acceptance
This AGREEMENT may be simultaneously executed in several counterparts,each of which shall be deemed to be an
original having identical legal effect.The CONSULTANT does hereby ratify and adopt all statements,representations.
warranties,covenants,and agreements contained in the proposal,and the supporting material submitted by the
CONSULTANT,and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof.
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In witness whereof,the parties hereto have executed this AGREEMENT as of the day and year shown in the
"Execution Date"box on page one(1)of this AGREEMENT.
i
By y-1 e-2--0l By
Denis Law, Drayor
Consultant K , Inc. / Kristen A. Betty, Agency City of Renton
President^�
Atttest• �
Bonnie I . Walton, City Clerk
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DOT Form 140-089 EF
Revised 312008 Page 8 of 8
KBA, Inc. April 13, 2011
EXHIBIT A-1
Scope of Work
Preconstruction Phase Services
for
RainierAve S. (SR 167) - South Grady Way to South 2nd Street
Construction Management and Inspection Services
Contract No.
KBA, Inc. (Consultant) will provide Preconstruction and Construction Management (CM) services to the
City of Renton (Client)for the Project known as Rainier Ave S. (SR 167) -South Grady Way to South
2nd Street. These services will include consultation, contract administration, field observation,
documentation, and material testing, as required during the construction of the Project, as detailed below.
Project Description: The project is approximately 0.85 mile in length widens an existing seven lane
facility, including: conversion of the outside lanes to business access and transit(BAT)lanes,
intersection safety improvements, and elimination of the existing two-way center turn lane; new 5-ft wide
planters and 8-ft wide sidewalks on each side of the street with a landscaped center median; storm sewer
structures;water mains;joint utility trench with conduits for power, telephone, cable, street lighting, and
fiber optic cable; street lighting; traffic signals; channelization; landscaping; and retaining walls.
Consultant Services Phasing: This Scope of Services is for Phase 1 : Preconstruction Services.
Phase 2 , Construction Management Services, will be authorized via a supplement to this Agreement,
after mutual agreement on budget, scope, and schedule.
I. PRECONSTRUCTION SERVICES
Project Management
1. Provide overall project management, coordination with the Client, monthly progress reports,
and invoicing. Budget for this effort is spread between the specific tasks numbered below.
This effort will include the following elements.
a. Day-to-day project management: liaison with Client on a regular basis to discus Project
issues and status. Decide on best modes and frequency of communication with the
Client and Designer, and use them.
b. Manage CM Team, comprised of Consultant's staff and subconsultants. Organize and
layout work for Project staff. Prepare Project instructions on contract administration
procedures to be used during project advertisement, award, and construction.
c. Review monthly expenditures and CM team scope activities. Prepare and submit to
Client, invoices and progress report describing CM services. Prepare and submit
reporting required by funding source(s), if any.
Deliverables
• Monthly invoices and progress reports
Task 1 - Design-phase Constructability Review
1. Site Visit. Accompany Designer on a plans-in-hand site visit to acquaint Consultant with the
Project and site.
2. Advise Designer as requested, on challenging constructability issues.
3. 90%Stage Review.
a. Review the 90% Plans, Contract Provisions, and Engineer's Estimate for such things as:
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KBA, Inc. April 13, 2011
i. Areas of cost saving opportunities
ii. Constructability and operability
iii. General clarity
iv. Consistency among standard specifications, amendments, and special provisions/bid
items
v. Completeness and adequacy of bidding and contracting documents/forms.
vi. Special Provisions for non-standard items
vii. Pay items for construction elements
b. Advise on construction sequencing and phasing issues, and on other specific project
challenges. Develop construction schedule sufficient to assign number of working days
for the construction contract.
c. One review cycle. Meet with Client and/or Designer staff to present and discuss
comments. Prepare and submit Constructability Review Comments spreadsheet, along
with red-line markup of the documents.
2. 100%Stage Review.
a. Final Review of 100% Plans, Contract Provisions and Preliminary Engineer's Estimate,
prior to going to Ad. This review will be only to ascertain if previous review comments
were addressed.
Deliverables
• 90%stage Constructability Review Comments spreadsheet, and red-line markups
• 100%stage letter report
Task 2 - Franchise Utility Coordination
1. Provide project scheduling and phasing information to Client to aid in their development of
franchise utility agreements. Review the draft agreements for conflicts and feasibility.
Task 3 -Permits
1. Assist the Client in preparation of applications for the following permits which are deemed
necessary for construction:
b. BNSF Construction Permit
c. SPU Crossing Permit
d. Noise Ordinance Waiver
Task 4 - Public Outreach
1. Collect contact information for, and compile Contact List of stakeholders; property and
business owners;tenants along the project corridor; emergency services; etc.
2. Canvas the contacts along the corridor to collect information on their access needs during
construction.
3. Develop website and email update capability to inform the public of construction status.
Task 5 - Bidding and Startup
1. During Bidding period:
a. Lead the Pre-Bid meeting(s), and take and distribute meeting notes via Addendum.
b. Assist in analyzing bidder questions, as needed.
c. Assist Designer in researching and preparing Addenda, as needed.
2. Assist Client in checking and analyzing bids and bidders.
3. Prepare a Construction Management Plan (CM Plan) for the project. The CM Plan will be
developed based on the Consultant's boilerplate document, and modified to adapt to and
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KBA, Inc. April 13, 2011
include Client practices and funding agency requirements, including forms to be used on the
project. Submit to Client for review and comment, and finalize based on those comments.
The CM Plan will cover at least the following:
a. Communication and coordination between the CM Team, Designer, Client, and other
stakeholders
b. Project procedures and forms
c. Document control system
4. Organize and lead preconstruction conference
a. Prepare and distribute notices.
b. Prepare agenda
c. Conduct the meeting
d.. Prepare and distribute meeting notes to attendees and affected agencies
5. Provide one set of preconstruction photographs and video.
Deliverables
• Construction Management Plan, draft and final
• Preconstruction Conference Notice, Agenda, and Notes.
• Preconstruction photos, digital files on CD/DVD
• Review Memorandum and redline markup of Contractor's schedule
• Videotape or video file on DVD
Task 6 - Review Contractor's Preliminary Schedule
1. Review construction contractor's Preliminary schedule for compliance with the Contract
Documents.
Task 7 -Establish Document Control System and Process Early Submittals
1. Establish and maintain document filing and tracking systems, following Client guidelines and
meeting funding agency requirements.
a. One hard copy of files will be kept in the project field office.
b. Electronic documentation will be stored in a Project Website, using SharePoint software,
managed and hosted by the Consultant. The Client will be provided with up to 2 licenses
for using the SharePoint website during the Project. KBA will provide one training
session each for client and construction contractor users of the SharePoint system.
2. Establish Submittal Process. Develop list of submittals to track contractor's submissions, and
assign lead review responsibility for different submittal types. Note: Notwithstanding this list,
submitting all required submittals is the construction contractor's sole responsibility.
3. Set up tracking system and review, or cause to be reviewed by other appropriate party, initial
documents submitted by the construction contractor, for general conformance to the Contract
Documents.
4. Record of Materials. Review and edit as necessary the Record of Materials prepared by
WSDOT, indicating anticipated material approvals, material compliance documentation, and
materials testing requirements.
II. Assumptions
A. Budget
1. Staffing levels are anticipated in accordance with the attached budget estimate.
2. Each task for this phase of work must be approved by the Client, in writing, prior to beginning
that task of work and the associated budget estimate for that task.
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3. The level of effort in accomplishing the scope items is limited to the pre-approved budget.
Consultant will not exceed the approved budget without prior approval by the Client.
Consultant services are budgeted from May 2011 through January 2012. Should further
services be required, the Client and Consultant will negotiate a supplement to this
Agreement.
4. The budget allocations shown on Exhibit E-1 are itemized to aid in project tracking purposes
only. The budget may be transferred between authorized tasks or people, or between labor
and expenses, provided the total contracted amount is not exceeded without prior
authorization.
5. The budget assumes that KBA's standard forms, logs, and processes will be used on the
project Share Point site. Any customization to meet specialized client requirements will be
Extra Work.
B. Items and Services Client will provide
1. Contact information for public outreach contact list.
2. Hosting of project website.
3. Meeting arrangements and facilities for pre-bid and preconstruction meetings.
4. Field office, including:
i. workstations (desk, chair, and storage)for 4 staff
ii. dedicated server for the project,with backup, firewall
iii. conference table and chairs
iv. landline telephone for each full-time assigned staff[or IP phone system]
v. combination printer/copier/scanner machine with these capabilities: 11x17 size, color
vi. hi-speed data connection (minimum 2-GB upload speed)
vii. miscellaneous office supplies
viii. utilities and sanitary facilities
5. Retain Engineer of Record for shop drawing review, RFIs, design changes, and final record
drawings.
6. Record of Materials, prepared by WSDOT.
7. Coordination with and enforcement of utility franchise agreements and/or contracts and
schedules for services related to this Project.
C. Scope
1. The SharePoint tool being used on 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.
2. Constructability Review of design documents will be for constructability, for general
conformance with the design concept, and for contradictions and inconsistencies between the
various parts of the design documents. This review will not include review of the accuracy or
completeness of details, such as quantities, dimensions, weights, or gauges, fabrication
processes; and will not include quantity takeoffs.
3. Because of the prior use of the project site, there is a possibility of the presence of toxic or
hazardous materials. Consultant shall have no responsibility for the discovery, presence,
handling, removal or disposal of toxic or hazardous materials, or for exposure of persons to
toxic or hazardous materials, in any form at the Project site, including but not limited to
asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. If
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the Consultant suspects the presence of hazardous materials, they will notify the Client
immediately for resolution.
4. Review of Shop Drawings and other construction contractor submittals shall be intended to
verify that they are in compliance with the Contract Documents. Shop drawing review and
approval is not intended to relieve the construction contractor of their full responsibility for
Contract performance. This review will not include review of the accuracy or completeness of
details, such as quantities, dimensions, weights, or gauges, fabrication processes,
construction means or methods, or coordination of the work with other trades, all of which are
the sole responsibility of the construction contractor. Review of a specific item will not
indicate that the Consultant has reviewed the entire assembly of which the item is a
component.
5. Any opinions of probable construction cost provided by the Consultant will be on the basis of
experience and professional judgment. However, since Consultant has no control over
competitive bidding or market conditions, the Consultant cannot and does not warrant that
bids or ultimate construction costs will not vary from these opinions of probable construction
costs.
6. Development of construction schedules and/or sequencing, and/or reviewing and
commenting on contractors' schedules, is for the purpose of estimating number of days to
complete a project, and for identifying potential schedule and coordination challenges and
determining compliance with the construction contract. It is not a guarantee that a
construction contractor will complete the project in that sequence or timeline, as means and
methods are the responsibility of the construction contractor.
7. Consultant is not responsible for any costs, claims, or judgments arising from or in any way
connected with errors, omissions, conflicts or ambiguities in the Contract Documents
prepared by others. The Consultant does not have responsibility for the professional quality
or technical adequacy or accuracy of the design plans or specifications, nor for their timely
completion by others.
III. OPTIONAL SERVICES
All services n it
of detailed above, are considered Optional Services, which, along with an other Extra Work
P 9
Y
requested by the Client, will be performed only when a mutually negotiated Supplement to this Agreement
is executed, specifying scope of services and budget. Potential Optional Services include:
A. Preparation and/or compilation of Bid Documents, packaging for bid.
B. Maintaining Planholders list, preparing and issuing addenda.
C. Public Involvement support.
1. Coordinate media releases and traffic advisory updates.
2. Mmaintain Project website, updating project progress monthly.
3. Provide periodic notification newsletters to affected property owners on upcoming work, and
include contact numbers.
D. Prepare additional copies of approved drawings, specifications, and other contract documents,
either for bidding purposes, or as requested by the Client.
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Exhibit C
Electronic Exchange of Engineering and Other Data
In this Exhibit the agency, as applicable, is to provide a description of the format and standards the
consultant is to use in preparing electronic files for transmission to the agency. The format and standards to
be provided may include, but are not limited to,the following:
I. Surveying, Roadway Design & Plans Preparation Section
A. Survey Data
B. Roadway Design Files
C. Computer Aided Drafting Files
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
11. Any Other Electronic Files to Be Provided
III. Methods to Electronically Exchange Data
A. Agency Software Suite
B. Electronic Messaging System
C. File Transfers Format
DOT Form 940-089 EF Exhibit C
Revised 6/05
Exhibit D-2
Payment (Cost Plus a Fixed Fee)
The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this
AGREEMENT as provided hereinafter. Such payment shall be full compensation for work performed or services
rendered and for all labor,materials,supplies, equipment,and incidentals necessary to complete the work
specified in Section 1I, "Scope of Work."The CONSULTANT shall confor►n to all applicable portions of 48
CFR Part 31.
A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the
CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost,
overhead,direct non-salary costs,and fixed fee.
1. Direct Salary Costs: The Direct Salary Cost is the direct salary paid to principals,
professional, technical,and clerical personnel for the time they are productively
engaged in work necessary to fulfill the terms of this AGREEMENT.The
CONSULTANT shall maintain support data to verify the direct salary costs billed
to the AGENCY.
2. Overhead Costs: Overhead Costs arc those costs other than direct costs, which are
included as such on the books of the CONSULTANT in the normal everyday
keeping of its books. Progress payments shall be made at the rate shown in the
heading of this AGREEMENT under"Overhead Progress Payment Rate."Total
overhead payment shall be based on the method shown in the heading of the
AGREEMENT.The two options are explained as follows:
a. Fixed Rate: if this method is indicated in the]leading of the AGREEMENT the
AGENCY agrees to reimburse the CONSULTANT for overhead at the
percentage rate shown. This rate shall not change during the life of the
AGREEMENT.
b. Actual Cost: If this method is indicated in the heading of the AGREEMENT the
AGENCY agrees to reimburse the CONSULTANT the actual overhead costs
cuffed by audit, up to the Maximum Total Amount Payable,authorized under
this AGREEMENT,when accumulated with all other Actual Costs.
A summary of the CONSULTANTS cost estimate and the overhead
computation is shown in Exhibit"E"attached hereto and by this reference made
part of this AGREEMENT. When an Actual Cost method is used,the
CONSULTANT(prime and all sub-consultants)will submit to the AGENCY
within six(6)months after the end of each firm's fiscal year, an overhead
schedule in the format required by the AGENCY (cost category, dollar
expenditures; etc.)for the purpose of adjusting the overhead rate for billing
purposes. It shall be used for the computation of progress payments during the
following year and for retroactively adjusting the previous year's overhead cost
to reflect the actual rate.
DOT Form 140-089 EF Exhibit 0-2
Revised 6108
Failure to supply this information by either the prime CONSULTANT or any of their sub-
consultants shall cause the AGENCY to withhold payment of the billed overhead costs until
such time as the required information is received and an overhead rate for billing purposes is
approved.
The AGENCY,STATE and/or the Federal Government may perform an audit of the
CONSULTANT'S books and records at any time during regular business hours to determine
the actual overhead rate, if they so desire.
3. Direct Non-Salary Costs:Direct Non-Salary Costs will be reimbursed at the Actual Cost to
the CONSULTANT.These charges may include,but are not limited to,the following
items: travel,printing, long distance telephone,supplies,connputer charges and sub-
consultant costs. y 4
a. Air or train travel will be reimbursed only to economy class levels unless
otherwise approved by the AGENCY.The CONSULTANT shall comply with
the rules and regulations regarding travel costs(excluding air,train;and rental
car costs)in accordance with the AGENCY'S Travel Ruffles and Procedures.
However, air,train,and rental car costs shall be reimbursed in accordance with
48 CFR Part 31.205-46"Travel Cost
b. The billing for Direct Non-Salary Costs shall include an itemized listing of
the charges directly identifiable-%vh the PROJECT.
c. The CONSULTANT shall maintain the original supporting documents in their
office.Copies of the original supporting documents shall be supplied to the
AGENCY upon request.
d. All above charges must be necessary for the services provided under this
AGREEMENT.
4. Fixed Fee: The Fixed Fee,which represents the CONSULTANT'S profit, is shown in the
heading of this AGREEMENT under Fixed.Fee. This amount does not include any
additional Fixed Fee,which could be authorized from the Management Reserve Find. This
fee is based on the Scope of Work defined in this AGREEMENT and the estimated person-
hours required to perform the stated Scope of Work.In the event the CONSULTANT
enters into a supplemental AGREEMENT for additional work,the supplemental
AGREEMENT may include provisions for the added costs and an appropriate additional
fee. The Fixed Fee will be prorated and paid monthly in proportion to the percentage of
work completed by the CONSULTANT and reported in the Monthly Progress Reports
accompanying the billings. Any portion of the Fixed Fee earned but not previously paid in
the progress payments will be covered in the final payment,subject to the provisions of
Section IX entitled"Termination of Agreement."
5. Management Reserve Fund: The AGENCY may desire to establish a Management Reserve
Fund to provide.the Agreement Administrator with the flexibility to authorize additional
funds to the AGREEMENT for allowable unforeseen costs,or reimbursing the
CONSULTANT for additional work beyond that already defined in this AGREEMENT.
Such arrthorization(s)shall be in writing and shall not exceed
0 0
tile lesser of$100,000 or 10%of the Total Amount Authorized as shown in the
heading,of this AGREEMENT. The amount included for the Management Reserve
Fund is shown in the heading of this AGREEMENT.This fund may not be replenished.
Any changes requiring additional costs in excess of the Management Reserve Fund
shall be made in accordance with Section XIV."Extra Work."6. Maximum Total
Amount Payable: The Maximum Total Amount Payable by the AGENCY to the
CONSULTANT under this AGREEMENT shall not exceed the amount shown in the
heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of
the Total Amount Authorized,and the Management Reserve Fund. The Maximum
Total Amount Payable does not include payment for Extra Work as stipulated in
Section XIV,"Extra Work."No minimum anIOUnt payable is guaranteed under this
AGREEMENT. y
B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for
reimbursement of Actual Costs plus the calculated overhead and fee on a monthly basis during the
progress of the work. Such billings shall be in a format approved by the AGENCY and
accompanied by the monthly progress reports required under Section 111,"General Requirements"
of this AGREEMENT. The billings will be supported by an itemized listing for each item including
Direct Salary,Direct Non-Salary,and allowable Overhead Costs to which will be added the
prorated Fixed Fee.To provide a means of verifying the billed salary costs for CONSULTANT
employees,the AGENCY may conduct employee interviews.These interviews may consist of
recording the names, titles,salary rates,and present duties of those employees performing work on
the PROJECT at the time of the interview.
C. Final Payment!Final Payment of any balance due the CONSULTANT of the gross amount earned
will be made promptly upon its verification by the AGENCY after the completion of the work
under this AGREEMENT;contingent upon receipt of all PS&E,plans,maps,notes,reports,
electronic data and other related dOCUmlents 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
tite event that such final audit reveals an overpayment to the CONSULTANT,the CONSULTANT
will refund such overpayment to the AGENCY within thirty(30)days of notice of the
overpayment. Such refiund shall not constitute a waiver by the CONSULTANT for any claims
relating to the validity of finding by the AGENCY of overpayment.The CONSULTANT has
twenty(20)days after receipt of the final .POST AUDIT to begin the appeal process to the
AGENCY for audit findings.
D. Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for
inspection by representatives of the AGENCY, STATE and the United States,for a period of three
(3)years after receipt of final payment, the cost records and accounts pertaining to this
AGREEMENT and all items related to or bearing upon these records with the following exception:
if any litigation,claim or audit arising out Of in connection with;or related to this contract is
initiated before the expiration of the three(3)year period,the cost records and accounts shall be
retained until such litigation,claim,or audit involving the records is completed.
EXHIBIT E-1
CONSULTANT FEE DETERMINATION SUMMARY SHEET
(Cost Plus Fixed Fee)
PROJECT: Rainier Avenue S. (SR 167)Improvements Project, Ph II: South Grady Way to South 2nd Street
DIRECT SALARY COST(DSC)
2011 Classification Hours DSC Rates Est.Cost
Project Manager 272 x $69.50 = $ 18,904
QA/QC 140 x $72.50 = $ 10,150
Resident Engineer 590 x $45.40 = $ 26,786
Lead Inspector 220 $47.25 $ 10,395
Scheduler 100 $51.00 $ 5,100
Project Specialist 120 x $38.40 = $ 4,608
Office Engineer 485 x $31.75 = $ 15,399
Contracts 80 x $51.00 = $ 4,080
TOTAL DSC 2,007 $ 95,422
OVERHEAD: (OH COST-including Salary Additives)
DSC x OH of 127.81% $ 121,959
FIXED FEE
DSC(only)x FF Rate of 30.0% $ 28,627
REIMBURSABLES
Mileage, Supplies, Postage, Courier, Copier/Scanner/Printer $ 8,993
SUBCONSULTANT COSTS(see Exhibit G)
Public Outreach $ 20,000
TOTAL SUBCONSULTANT $ 20,000
MANAGEMENT RESERVE $ 25,000
GRAND TOTAL $ 300,000
PREPARED BY: K.Wendell Adams Date: April 13,2011
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1(FINAL)_20110414.xlsx Page 1 of 2
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Exhibit F
Breakdown of Overhead Cost
Account Title $ Beginning Total % of Direct Labor
Direct Labor 3,458,188.00 ! 100.00%
Overhead Expenses:
FICA 417.121.00 j 12.06%
Unemployment
46,960.00 1.36%
Health/Accident Insurance 398,699.00 11.53%
Medical Aid & Industrial Insurance 14,061.00 0.41%
HolidayNacation/Sick Leave 542 740.00
Commission/Bonus/Pension 377,993.00 10.93%
-. ._ __.
Total Fringe Benefits fl,797,574.00 I 51.98%
--- — - - --- - -
General Overhead:
State B&O Taxes 175,l 27.00 5.06%
-
-- -----Insurance 91,091.00 2.63/o o
Administration &Time Not Assignable j 1,680;991.00 ? 48.61%
Printing, Stationery&Supplies i 26,808.00 ! 0.78%
Professional Services 20,776.00 i 0.60%
Travel Not Assignable 63,495.00 1.84%
-- - ---- - -- -- - - --- - - - ..---- --------- - ----3 - 5- 0 . _.._._.-
Telephone&Telegraph Not Assignable 40,291.00 1.17%
— - - ---- -... - - -----------I -- - - -- -- -- 1.0
Fees, Dues& Professional Meetings I 23,706.00 0.69%
i
Utilities& Maintenance 445.
13, 00 ! 0.39%
- -1- - -----445. - -r -- -- - _----
Professional Development 79,241.00 2.29%
Rent 137,678.00 3.98%
Equipment Support 105.468.00 3.05%
Office, Miscellaneous& Postage 165.220.00 : 4.78%
Total General Overhead 2,623,337.00 , 75.86%
i
Total Overhead (General + Fringe)
4,420,911..00 1.27.84%
-- -- ---- - --- --- ---- --- i
Overhead Rate (Total Overhead/Direct Labor) i 1.27.84%
DOT Form 140-089 EF Exhibit F
Revised 6/05
Exhibit G
Subcontracted Work
The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT:
Public Outreach (TBD)
DOT form 140-089 Ef Exhibit G
Revised 8105
0 r
Exhibit H
Title VI Assurances
During the performance of this AGREEMENT,the CONSULTANT, for itself, its assignees,and successors in
interest agrees as follows:
1. Compliance with Regulations:The CONSULTANT shall comply with the Regulations relative to non-
discrimination in federally assisted programs of the AGENCY,Title 49,Code of Federal Regulations, fart
21, as they may be amended from time to time (hereinafter referred to as the"REGULATIONS"),which
are herein incorporated by reference and n.iade a part of this AGREEMENT.
2. Non-discrimination: The CONSULTANT,with regard to the work performed during the
AGREEMENT,shall not discriminate on the grounds of race,color, sex,or national origin to the selection
and retention of sub-consultants,including procurement of materials and leases of equipment. The
CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by
Section 21.5 of the REGULATIONS, including employment practices when the AGREEMENT covers a
program set forth in Appendix B of the REGULATIONS.
3. Solicitations for Sub-consultants, including Procurement of Materials and Equipment: In all solicitations
either by competitive bidding or negotiations made by the CONSULTANT for work to be performed
under a sub-contract,including procurement of materials or leases of equipment,each potential sub-
consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under
this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race,,color,
sex,or national origin.
4. Information and Reports:The CONSULTANT shall provide all information and reports required by the
REGULATIONS or directives issued pursuant thereto,and shall permit access to its books, records,
accounts, other sources of information,anti its facilities as may be determined by AGENCY; STATE or
the Federal Highway Administration(FHWA)to be pertinent to ascertain compliance with such .
REGULATIONS,orders and instructions. Where any information required of a CONSULTANT is in the
exclusive possession of another who fails or refuses to furnish this information,the CONSULTANT shall
so certify to the AGENCY, STATE or the FHWA as appropriate,and shall set forth what efforts it has
made to obtain the information.
5. Sanctions for Non-compliance: hi the event of the CONSULTANT'S non-compliance with the non-
discrimination provisions of this AGREEMENT,the AGENCY shall impose such AGREEMENT
sanctions as it, the STATE or the FHWA may determine to be appropriate,including,but not limited to:
• Withholding of payments to the CONSULTANT under the AGREEMENT until the
CONSULTANT complies,and/or;
• Cancellation,termination;or suspension of the AGREEMENT, in whole or in part
DOT Form 140-089 EF Exhibit H
Revised 6/05
6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs(1)through
(5)in every sub-contract,including procurement of materials and leases of equipment,unless exempt by
the REGULATIONS,or directives issued pursuant thereto. The CONSULTANT shall take such action
with respect to any sub-consultant or procurement as the AGENCY, STATE or FHWA may direct as a
means of enforcing such provisions including sanctions for non-compliance.
Provided,however,that in the event a CONSULTANT becomes involved in,or is threatened evith,
litigation with a sub-consultant or supplier as a result of such direction,the CONSULTANT may request
the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the
STATE and,in addition,the CONSULTANT may request the United States enter into such litigation to
protect the interests of the United States.
0
Exhibit
Payment Upon Termination of Agreement
By the Agency Other Than for
Fault of the Consultant
(Refer to Agreement, Section IX)
Lump Sum Contracts
A final payment shall be madc to the CONSULTANT which when added to any payments preViously made shall
total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the
total work required for the PROJECT. In addition, the CONSULTANT shall be paid for any authorized extra
work completed.
Cost Plus Fixed Fee Contracts
A final payment shall be made to the CONSULTANT which when added to any payments previously madc, shall
total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is
to the total work required for the Project. In addition,the CONSULTANT shall be paid for any authorized extra
work completed.
Specific Rates of Pay Contracts
A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this
AGREEMENT plus any direct nonsalary costs incurred at(lie time of termination of this AGREEMENT.
Cost Per Unit of Work Contracts
A final payment shall be made to the CONSULTANT for actual units of work completed at the time of
termination of this AGREEMENT.
DOT Form 140-089 EF Exhibit I
Revised 6105
0 0
Exhibit K
Consultant Claim Procedures
The purpose of this exhibit is to describe a procedure regarding claim(s)on a consultant agreement.The following
procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claint(s)are a total
of$1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the
Director of Public Works or Agency Engineer negotiate a fail-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:
v
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 ],the next step in the process is to forward the request to the
Agency's project manager.The project manager will review the consultant's claim and will met with
the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. if
the FHWA is participating in the project's funding,forward a copy of the consultant's claim and the
Agency's recommendation for federal participation in the claim to the WSDOT Highways and Local
Programs through the Region Local Programs Engineer. If the claim is not eligible for federal
participation,payment will need to be from agency finds.
If the Agency project manager,Director of Public Works or Agency Engineer, WSDOT Highways and
Local Prograis{if applicable),and FH WA(if applicable)agree with the consultant's claim, send a
request memo, including backup documentation to the consultant to either supplement the agreement,
or create a new agreement for the claim. After the request has been approved,the Agency shall write
the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the
consultant that the final payment for the agreement is subject to audit. No further-action in needed
regarding the claim procedures.
DOT Form 140-089 EF Exhibit K
Revised 6105
if the Agency does not a_ree with the consultant's claim,proceed to step 3 of the procedures.
Step 3—Preparation of Support Documentation Regarding Consultant's Claim(s)
If the Agency does not agree with the consultant's claim,the project manager shall prepare a
summary for the Director of Public Works or Agency Engineer that included the following:
• Copy of information supplied by the consultant regarding the claim;
• Agency's summation of hours by classification for each firm that should be included in the
claim;
• Any correspondence that directed the consultant to perform the additional work;
• Agency's summary of direct labor dollars, overhead costs,profit and reimbursable costs
associated with the additional work;
• Explanation regardingr those areas in which the Agency does/does not agree with the
consultant's claim(s);
• Explanation to describe what has been instituted to preclude future consultant claim(s);and
• Recommendations to resolve the claim.
Step 4—Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency
Documentation
The Director of Pubic Works or Agency Engineer shall review and administratively approve or
disapprove the claim.or portions thereof,which may include getting Agency Council or
Commission approval(as appropriate to agency dispute resolution procedures). If the project
involves federal participation,obtain concurrence from WSDOT Highways and Local Programs
and FHWA regarding final settlement of the claim. if the claim is not eligible for federal
participation,payment will need to be from agency funds.
Step 5—Informing Consultant of Decision Regarding the Claim
The Director of Public Works or Agency Engineer shall notify(in writing)the consultant of their
final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted
claim(s)and rationale utilized for the decision.
Step 6—Preparation of Supplement or New Agreement for the Consultant's Clainn(s)
The agency shall write the supplement and/or new agreement and pay the consultant the amount of
the claim.Inform the consultant that the final payment for the agreement is subject to audit.
Exhibit M-1(a)
Certification Of Consultant
Project No_
Local Agency
I hereby certify that I am Kristen A. Betty, President and duly authorized
representative of the firm of _ KBA, Inc. whose address is
11000 Main Street, Bellevue,WA 98004 and that neither 1 nor the above
firm 1 here represent has:
(a) Employed or retained for a commission,percentage,brokerage; contingent fee,or other
consideration,any firm or person(other than a bona fide employee working solely for tile or the
above CONSULTANT) to solicit or secure the AGREEMENT;
(b) Agreed,as an express or implied condition for obtaining this contract, to employ or retain the
services of any firm or person in connection with carrying out this AGREEMENT; or
c Paid,or agreed to pay,to an firm. organization or person other than a bona fide employee
O g Y
I >> ., P (
working solely for me or the above CONSULTANT)any fee,contribution,donation,or
consideration of any kind for,or in connection With,procuring or carrying out this AGREEMENT;
except as hereby expressly stated(if any);
I acknowledge that this certificate is to be available to the Washington State Department of
Transportation and the Federal Highway Administration, U.S.Department of Transportation in
connection With this AGREEMENT involving participation of Federal-aid highway funds,and is
subject to applicable State and Federal laws.both criminal and civil.
Date Signature
Ii
DOT Form 140-089 EF Exhibit M-S(a)
Revised 6105
Exhibit M-1(b)
Certification Of Agency Official
1 hereby certify that 1 am the AGENCY Official of the Local Agency of City of Renton
Washington,and that the consulting firm or its representative has not been required,directly or indirectly as an
express or implied condition in connection with obtaining or carrying out this AGREEMENT to:
(a) Employ or retain, or agree to employ to retain,any firm or person; or
(b) Pay,or agree to pay, to any firm,person,or organization,any fee,contribution,donation,or
consideration of any kind;except as hereby expressly stated(if any):
1 acknowledge that this certificate is to be available to the Washington State Department of
Transportation and the Federal highway Administration, U.S.Department of Transportation, in
connection with this AGREEMENT involving participation of Federal-aid highway funds,and is
sulliect to applicable State and Federal laws,both criminal and civil
'/�
Date 'Signature
DOT Form 140-089 EF Exhibit W(b)
Revised 6!05
Exhibit, M-2
Certification Regarding Debarment, Suspension, and Other Responsibility
Matters-Primary Covered Transactions
1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its
principals:
A. Are not presently debarred,suspended,proposed for debarment,declared ineligible,or
voluntarily excluded from covered transactions by any federal department or agency;
B. Have not within a three-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission or fraud or a criminal offense in connection with
obtaining,attempting to obtain,or performing a public(federal,state, or local)transaction or
contract under a public transaction; violation of federal or state antitrust statues or commission of
embezzlement,theft,forgery, bribery,falsification or destruction of records,making false
statements,or receiving stolen property;
C. Are not presently indicted for or otherwise criminally or civilly charged by a governnhental
entity(federal,state,or local)with commission of any of the offenses enumerated in paragraph (1)
(B). of this certification,and
D. Have not within a three(3)year period preceding this application/proposal had one or more
public transactions(federal,state,or local)terminated for cause or default.
If. Where the prospective primary participahht is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Consultant(Firm): KBA, Inc.
(Date) (signatyy. )Pre dent or Authorized Official of Consultant
Kristen A. B tty, President
DOT Form 140-089 EF Exhibit M-2
Revised 6f05
Exhibit M-3
Certification Regarding The Restrictions
of The use of Federal Funds for Lobbying
The prospective participant certifies,by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
].No federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any Federal
agency, a member of Congress,an officer or employee of Congress; or an employee of a member
of Congress in connection with the awarding of any Federal contract, the making of any Federal
grant,the making of any Federal loan,the entering into of any cooperative agreement,and the
extension;continuation, renewal,amendment,or modification of any Federal contract,grant,loan,
or cooperative agreement.
2.lf any ftmds other than Federal appropriated fiends 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 Conaress in
connection with this Federal contract,grant, loan, or.cooperative agreement,the undersigned shall
complete and submit Standard Fo-m-LLL, "Disclosure Form to Report Lobbying;" in accordance
with its instructions.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352,"Title 31, U.S.Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than S 10,000 and
not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall
require that the language of this certification be included in all lower tier subcontracts which
exceed$100,000 and that all such subrecipients shall certify and disclose accordingly.
Consultant(Firm): KBA, Inc.
(Dale) (Signal ur )Ps ent or Authorized Official of Consultant
Kristen A. B tty, President
DOT Form 140-089 EF Exhibit M-3
Revised 6105
Exhibit M-4
Certificate of Current Cost or Pricing Data
This is to certify that,to the best of my knowledge and belief.the cost or pricing data(as defined in
section 1 5.401 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 contractincy officer or to the
contracting officer's representative in support of Rainier Ave S (SR 167)S Grady Way to S 2nd St Project
are accurate,complete,and current as of April 14, 2011 This certification includes
the cost or pricing data supporting any advance agreements and forward pricing rate agreements between
the offeror and the Government that are part of the proposal.
Firm KBA, Inc.
Namc Kristen A. Betty
Title President
Date of Execution*-":*
Identify the proposal,quotation,request for price adjustment,or other submission involved,
giving the appropriate identifying number(e.g.,RFP No.).
yX Insert.the day,month,and year when price negotiations were concluded and price agreement
was reached.
Insert the day,month,and year of signing,which should be as close as practicable to the date
when the price negotiations were concluded and the contract price was agreed to.
DOT Form 140-089 EF Exhibit M-4
Revised 6/05
I