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HomeMy WebLinkAbout10-038 - KBA Inc - Southcenter Parkway (Tukwila South) Extension Construction Management10- 038(b) Adft Washington State Council Approval 2/6/12 WI/ Department of Transportation Supplemental Agreement Organization and Address KBA, Inc. Num 2 11000 Main Street Original Agreement Number Bellevue, WA 98004 10- 038A`�) Phone: 425- 455 -9720 Project Number Execution Date Completion Date 84 -RW37 3/12/10 9/30/12 Project Title New Maximum Amount Payable Southcenter Parkway Extension 2,913,950.00 Description of Work Continue to provide Construction Management services per the revised Scope noted below. Extend completion date from 4/1/12 to 9/30/12, and increase budget an additional $390,000.00 to cover added costs. The Local Agency of City of Tukwila desires to supplement the agreement entered into with KBA. Inc. and executed on 3/12/10 and identified as Agreement No. 10- 03862 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 1, SCOPE OF WORK, is hereby changed to read: See attached Exhibit A 2. Section IV, TIME FOR BE6 AND COMPLETION, is amended to eeFnpletien of the work to read: 9/30/12 III Section V, PAYMENT, shall be amended as follows: Authorized maximum amount payable shall increase $390,000.00 to a new maximum amount payable of $2,913,950.00, as set tbrth in the attached Exhibit E -2, as set "h in the attached Exh A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the appropriate spaces below and return to this office for final action. B KBA, Inc. Itant Signature Kristen �Be, President DOT Form 140 -063 EF Revised 9/2005 B City of Tukwila Approvin ignature 7, o/ Gi OZ /VI'K3 V_ KBA, Inc. January 4, 2012 EXHIBIT A -2 Supplement 2 SCOPE OF SERVICES Construction Management and Construction Phase Design Support Services for Southcenter Parkway Extension City Project No. 84 -RW37 This Supplement 2 to the Agreement dated March 12, 2010, is to continue the services begun under the Construction Management Services scope authorized May 18, 2010 by Supplement 1. Supplement 2 makes the following changes to the scope, as requested by the City, to manage their available budget as a result of the increase in overall project duration, due primarily to the delays caused by the USACE permit issue. All other scope provisions in the original Agreement and Supplement 1 remain in effect, except as expressly modified by this Supplement 2. The Consultant will continue to provide services in accordance with the original scope in Supplement 1, with the following revisions, and according to the timetable detailed below. I. CONSTRUCTION MANAGEMENT SERVICES A. Project Management —This task will extend through expiration of this Agreement. B. Preconstruction Services This task is completed. C. Construction Services, Contract Administration These tasks will be performed by the Consultant up to the limits of the revised budget, and with the changes described below. 15. Document Control. When all Consultant personnel leave the project, whether before or after completion of construction, the project records on SharePoint will remain available to the Client in a read -only format for approximately 6 months after that date. 17. Project Closeout. The Consultant will assist with project management and closeout to the limits of their available budget. Due to the reduced staffing level, some tasks may need assistance from the Client to complete, or may need to be eliminated. D. Construction Services, Field Responsibility for these tasks will be shared between the Consultant and the Client beginning in January 2012, according to the schedule below. Client inspector and assistant resident engineer will be coordinated by and report to the Consultant Resident Engineer, and will comply with the task responsibilities detailed in the Supplement 1 Scope of Services, unless changed by the City Project Manager or City Senior Construction Engineer. The Consultant and Client will coordinate to determine who will provide staff to account for fluctuations in workload as dictated by the Contractor's operations and schedule, including night shift, weekend work, and multiple operations. 1. Two Consultant inspectors (1 KBA and 1 Anchor /QEA) will be removed from the project in December 2011, and replaced by one City inspector (Scott Moore). 2. KBA's chief inspector (Paul Garrett) will transition off the project and will be replaced by one City Project Manager, serving in a role of assistant resident engineer, at a future date to be determined. This future date is likely to be in the middle to later part of January 2012. 3. Should City staff not be available on this timeline, the need to keep the Consultant /Subconsultant project staff on site will reduce the time the Consultant is able remain on the project, unless additional budget is authorized by supplement to this Agreement. E. Assumptions All assumptions remain in force, with the following revision: 1.a. Field Office Lease The office lease expires March 31, 2012. At that point, the Client will decide whether to extend the lease on a month -to -month basis, and /or relocate the construction S. \Prgects \Contracts\ Client\ Tukwila \10005_SouthcenterPadcwayExt\ Drafts &NegodationRecords\ In -hous Drafts \Supp2rSupp2 -ExA2- Scope 2012 -01-04- FINAL2.docx 1 of 2 KBA, Inc. January 4, 2012 office to City Hall. The Consultant must provide a 30 -day notice to the property manager before vacating the field office. Packing and moving of the office will be project chargeable. II. DESIGN SUPPORT DURING CONSTRUCTION A. These tasks will continue to be performed by DEA and their subconsultant, PanGeo (the Geotech of record). The level of effort and estimated budget for DEA has been increased to encompass design changes and investigations such as ADA compliance issues, etc., as well as to provide services during the extended construction duration. IV. IMPACTS TO SUBCONSULTANTS All existing Subconsultants will remain under contract to the Consultant and be available to the Project to perform their original scopes of services, to the limits of the available total budget, with the following exceptions: A. DEA see Section II, above. B. The level of effort and estimated budget for Anchor /QEA has been reduced to reflect their inspector leaving the project by the end of December. Anchor /QEA will continue to provide on- call erosion control visits and reporting. C. The level of effort and estimated budget for HWA has been increased to allow them to continue to provide required materials testing during the extended construction duration. D. Envirolssues will be kept under contract, but with minimal involvement. S:lProjectsl Contracts \ClienflTukwila\ 10005_ SouthcenterParkwayExtlDrafls &NegotiationRe rdskln -hour Drafts \SuppaSupp2 ExQ- Scope.2012-01 O4- FINAL2.docx 2 of 2 Washington State Vi Department of Transportation Supplemental Agreement Number 1 Original Agreement Number Project Number 10-038 0 84 -RW37 Organization and Address KBA, Inc 11000 Main Street Bellevue, WA 98004 Phone 425- 455 -9720 Execution Date Completion Date 3/12/2010 4/1/2012 New Maximum Amount Payable 2,523,950.00 Project Title Southcenter Parkway Extension Description of Work To provide full Construction Management and Design Support Services to the City of Tukwila To change the name of the Project from Southcenter Parkway Extension Construction Management Services to Southcenter Parkway Extension Construction Management and Design Support Services To add subconsultants with the attached Exhibit G, Exhibit G -1 and applicable Exhibit G -3 for each sub The Local Agency of the City of Tukwila desires to supplement the agreement entered into with KBA, Inc and executed on 3/12/2010 and identified as Agreement No 10 -038 (a) Council Approval 5/17/10 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows Section SCOPE OF WORK, is hereby changed to re-a-et add the Scope of Work detailed in the attached Exhibit A-1, Supplemental No 1 10-038 11 Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read No chano Section V, PAYMENT, shall be amended as follows The total amount authorized to he added to the Agreement via this supplemental is $7,488 95(1 00, as set forth in the attached Exhibit F-1 Supplemental No 1, 63 3c and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the appropriate spaces below and return to this office for final action DOT Form 140 -063 EF Revised 9/2005 KRA INC 111 By ('.TTY OF TT JK WTLA Consultant ure Apprc�thority Signature 1, o Date ,.2��' P- 6 x (.6!i )Pr KBA, Inc April 1, 2010 EXHIBIT A -1 Supplement 1 SCOPE OF SERVICES Construction Management and Design Support Services Construction Phase for Southcenter Parkway Extension City Project No. 84 -RW37 KBA, Inc. (Consultant), along with subconsultants, Anchor QEA, David Evans Associates, Inc., Envirolssues, Inc and HWA GeoSciences, will provide Construction Management (CM) services to the City of Tukwila (Client), for the Project known as Southcenter Parkway Extension These services will include consultation, contract administration, field observation, documentation, and material testing, as required during the construction of the Project, as detailed below These services are an extension of the Preconstruction Services authorized under the original LAG Agreement. Project Description: Construction of approximately 7,400 linear feet of Southcenter Parkway from S 180th Street to S. 200th Street and the construction of approximately 3,000 linear feet of new sewer and water from Minkler Boulevard to S 180th Street. Items of work include, but are not limited to, building demolition, grading, paving, HMA overlay, curb, gutter, sidewalks, storm drain system, sewer system, sewer lift station, water system, signals, illumination, landscaping, irrigation, retaining walls, and other work. I. CONSTRUCTION MANAGEMENT SERVICES A. Project Management 1 Continue to provide overall project management, coordination with the Client, monthly progress reports, and invoicing, in accordance with the original scope B. Preconstruction Services 8 The original Task B.8, Establish Field Office, is revised to read Establish Field Office, including securing lease for the entire duration of the construction project, plus closeout; computer server, and ancillary equipment and cabling, phones, furniture and other office equipment; copier /scanner; and other items needed for these, and all necessary utilities The Contractor will provide equipment, at no cost to Consultant, as listed in Addendum 4 of the Bid Documents, including but not limited to 4 laptop computers, color printer, 3 digital cameras, as described in Addendum 4 9 The original Task B 9, Document Control, is supplemented with the following The following number of SharePoint seat licenses will be provided Client: 4 Contractor 3 Designer 3 Other (TBD). 1 Total 11 S Pro,ect: Contracts SoulhrenterParkwayExt hous>.Drafls FuIICM■Er A- 1- ScopeIFINALISCP•" 1 of 7 KBA, Inc April 1, 2010 10 The original Task B 10, Public Outreach, is revised to read Public Outreach Assist the Client in developing a public outreach plan and materials a Prepare a Public Outreach Plan outlining communication and roles, protocols and responsibilities Define communication avenues and media relations This document to be prepared by Envirolssues, Inc (Subconsultant to KBA) b Groundbreaking and Ribbon Cutting Assist the Client in the planning and execution of a groundbreaking and ribbon cutting event. Client to provide all facilities (chairs, public address system, food, tents, etc.) for the event. Consultant to provide souvenir(s) for the ground breaking ceremony c. Construction business cards Envirolssues, Inc will develop business cards with project website address and hotline number The Client will provide the website address Business cards will be used to hand out to property owners, tenants, and other stakeholders C. Construction Services Contract Administration New Task 1 Liaison with the Client, construction contractor, designer, appropriate agencies, property owners, and utilities 2 Provide the Client with brief monthly construction progress reports, highlighting progress and advising of issues which are likely to impact cost, schedule, or quality /scope 3 Schedule Review a Review construction contractor's schedule and updates for compliance with Contract Documents b Monitor the construction contractor's conformance to schedule and require revised schedules when needed Advise Client of schedule changes as part of monthly construction progress report. c Verify as -built schedule, using information from daily construction reports and other information 4 Progress meetings Lead regular (usually weekly) progress meetings with the construction contractor, including Client pre- briefing, and prepare weekly meeting agenda and meeting notes, and distribute copies to attendees Track outstanding issues on a weekly basis 5 Update CM Plan as needed to reflect changes in policy and /or procedure that occur during the Project, and orient CM Team to the changes 6 Manage Submittal Process Track and review, or cause to be reviewed by other appropriate party, work plans, shop drawings, samples, test reports, and other data submitted by the construction contractor, for general conformance to the Contract Documents 7 Record of Materials Provide Record of Materials indicating anticipated material approvals, material compliance documentation, and materials testing requirements Maintain records of material compliance documentation received, and advise of any known deficiencies Initial Record of Materials to be provided by WSDOT, through the Client. 8 Manage RFI (request for information) process Track and review /evaluate, or cause to be reviewed and /or evaluated by other appropriate party, RFIs Manage responses to RFIs 9 Change Management. Evaluate entitlement, and prepare scope, impact, and independent estimate for change orders Facilitate resolution of change orders 10 Monthly Pay Requests Prepare monthly requests for payment and /or review payment requests submitted by the construction contractor Review with Client and construction contractor, and recommend approval, as appropriate This project utilizes unit price as well S Projerts'CnnVartslClient Tukvnla110005 SoulkenterParkwayExl Dratts&NegoliahonFe orASVn houseDrafts Suppl FulICM Et A 1 SropelFINALSC 7[ =u1 2 of 7 KBA, Inc April 1, 2010 as cost loaded items A resource loaded schedule will be provided to support the monthly pay request. 11 Assist the Client in preparation of applications for the following permits which are deemed necessary for construction and which were not obtained during the design phase of the Project. 12 Assist the Client in the investigation of malfunctions or failures during construction 13 Public Outreach a One -on -one property owner contact to be performed jointly by the Consultant and the Client. The Consultant will generate a matrix of property owner issues b Provide information for Client to prepare media communications and public notices on Project status Provide information for Client's inclusion into a Project website and /or newsletters Client to provide web design and hosting services c. Construction Hotline Provide and maintain project hotline during the course of construction Envirolssues, Inc will setup and monitor a construction hotline, log calls, maintain a communication log, and coordinate with the Consultant to provide responses 14 Record drawing review Review not less than monthly, the construction contractor's redline set of contract plans Maintain a CM Team set of conformed drawings, tracking plan changes, location of discovered anomalies, and other items, as encountered by the CM team Use these markups to check the progress of the Contractor prepared Record Drawings 15 Document Control Collect, organize, and prepare documentation on the Project. One hard copy of files will be kept in the project field office 16 Operations and Maintenance (O &M) Manual. Provide O &M Manuals to the Client for the sanitary sewer lift station and irrigation system 17 Project Closeout. Prepare Certificates of Substantial (including punch list), Physical, and Final Completion Prepare final pay estimate 18 Final Records Compile and convey final project records, transferring to the Client for archiving at final acceptance of the Project. Records will consist of hard copy originals, and electronic records on CD /DVD Deliverables Monthly Construction Progress Reports Schedule review comments Meeting agendas and notes Submittal log Record of Materials RFI log Change Order(s) Progress pay requests Public outreach plan Operations and Maintenance Manuals for lift station and irrigation system Certificates of Completion and punch list(s) Final records hard copy and electronic Access to SharePoint document control system up to 11 seat licenses D. Construction Services Field New Task 1 Observe the technical conduct of the construction, including providing day -to -day contact with the construction contractor, Client, utilities, and other stakeholders, and monitor for adherence to the Contract Documents The Consultant's personnel will act in accordance S.Pro, c!s Cantrarts 1OC 5 SouthcenterParkwat•ExI. Drafts& NegotiabonRe ;ordsin -houseDraftSuppl FuliCt,kE) A 1 S.apelFINALISCF',. 2r'i1 U1 d: 3 of 7 KBA, Inc. April 1, 2010 with Sections 1 -05 1 and 1 -05.2 of the Standard Specifications Note Consultant shall breakout the billing costs for CM, design, and related services for the Highline Water Reimbursement separately in each monthly invoice 2 Observe material, workmanship, and construction areas for compliance with the Contract Documents and applicable codes, and notify construction contractor of noncompliance Advise the Client of any non conforming work observed during site visits 3 Prepare daily construction reports, recording the construction contractor's operations as actually observed by the Consultant; includes quantities of work placed that day, contractor's equipment and crews, and other pertinent information 4 Interpret Contract Documents, in coordination with Designer 5 Decide questions which may arise as to the quality and acceptability of material furnished, work performed, and rate of progress of work performed by the construction contractor 6 Establish communications with adjacent property owners Respond to questions from property owners and the general public. 7 Coordinate with permit holders on the Project to monitor compliance with approved permits, if applicable 8 Perform general observation of Southcenter Parkway Extension project work to be performed by others for compliance with permit requirements Provide weekly report of TESC and other permit requirements to Client. 9 Prepare field records and documents to help assure the Project is administered in accordance with funding agency requirements 10 Attend and actively participate in regular on -site meetings 11 Take periodic digital photographs during the course of construction All necessary photographs to be labeled and organized as detailed in the CM Plan 12 Punch list. Upon substantial completion of work, coordinate with the Client and affected agencies, to prepare a `punch list' of items to be completed or corrected Coordinate final inspection with those agencies Follow up on outstanding punch list work. 13 Materials Testing Conduct or cause to be conducted, materials and laboratory tests Coordinate the work of the Field Representative(s) and testing laboratories in the observation and testing of materials used in the construction, document and evaluate results of testing, and inform Client and construction contractor of deficiencies Deliverables Daily Construction Reports with project photos submitted on a weekly basis Weekly TESC Permit Reports Punch List, Certificate of Substantial Completion Test reports E. Assumptions The following Assumptions are added to this Agreement. The Assumptions listed in part I C of the original Agreement will continue to apply, as well, except as revised below 1 Budget a Revise Assumption C 1 c in the original agreement to say costs are based on an 18- month lease (rather than 20 -month lease) b A certain amount of overtime has been figured into the budget to use, if needed, during peak construction activities S Pro ,a,ts:Contract, Chent'.Tuksila 10005 SouthrenterParkv:avExt' Drafts& NegotlatonRec ordsdn- houseDrefts'Supp1_FuIICt A-1- S :ope(FINALISCP•: 2010 d: 4 of 7 KBA, Inc April 1, 2010 c. The work is anticipated to be performed during daytime hours Should night work be necessary, a 15 percent premium for labor will be applied to all hours that Consultant employees work between 7 pm and 7 am d Consultant services are budgeted from March 1, 2010 through December 31. 2011, and the budget is based on a 550 calendar day construction contract, plus time allotted for project setup and closeout. Should further services and /or additional level of effort be required, or should the construction contract run longer than this time period, the Client and Consultant will negotiate a supplement to this Agreement. e Consultant will invoice, and be reimbursed as a direct cost under Exhibit D -2, Payment (Cost Plus a Fixed Fee). Section A.3, State and Local B &O taxes as assessed to KBA for the total amount of the budget paid to Subconsultants, This amount will be calculated at Consultant's B &O tax rate assessed at the time services are performed (currently 1 517952 as a percentage of the total Subconsultant charges billed in each invoice 2. Items and Services Client will provide a Revise Assumption C.2.a in the original agreement to add that Client will also provide meeting arrangements and facilities for groundbreaking and ribbon cutting event. 3 Scope a Revise Assumption C.3 e in the original agreement to read Notwithstanding the fact that the Designer of Record (DEA) is a subconsultant to Consultant under this Agreement, 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, including DEA. 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. b Consultant will provide observation services for the days /hours that their Inspector(s) personnel is /are on -site The Inspector(s) will not be able to observe or report construction activities, or collect documentation, during the time they are not on -site c. The Consultant's monitoring of the construction contractor's activities is to ascertain whether or not they are performing the work in accordance with the Contract Documents, in case of noncompliance, Consultant will reject non conforming work, and pursue the other remedies in the interests of the Client, as detailed in the Contract Documents The Consultant cannot guarantee the construction contractor's performance, and it is understood that Consultant shall assume no responsibility for proper construction means, methods, techniques, project site safety, safety precautions or programs, or for the failure of any other entity to perform its work in accordance with laws, contracts, regulations, or Client's expectations d Definitions and Roles The use of the term "inspect" is synonymous with "construction observation, and reference to the "Inspector" role is synonymous with "Field Representative and means performing on -site observations of the progress and quality of the work and determining, in general, if the work is being performed in conformance with the Contract Documents, and notifying the Client if, in their opinion, work does not conform to the Contract Documents or requires special inspection or testing Where "Specialty Inspector" or "specialty inspection" is used, it refers to the detailed inspection and sign -off required by codes and regulations, such as electrical or welding inspection e Because of the prior use of the Project site, there is a possibility of the presence of toxic or hazardous materials Consultant shall have no responsibility for the discovery, presence, handling, removal or disposal of toxic or hazardous materials, or for exposure of persons to toxic or hazardous materials, in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic S Pro;a;IsCo Iracts dia10005 South:enlerParkwayExt Dre /Is &NegohationRe<ordslln hnuseDrafts'Supp1 FuIICAI.Ex A- i -S:op FIIIALSCP., LS1d=! 1 d. 5 of 7 KBA, Inc April 1, 2010 substances If the Consultant suspects the presence of hazardous materials, they will notify the Client immediately for resolution II. DESIGN SUPPORT DURING CONSTRUCTION Design support during construction is separate from Construction Management services, and will be shown separately on monthly invoices. The intent of this work will be to provide traditional support services for the Engineer of Record during the Construction phase A. Design Support During Construction New Task David Evans Associates, Inc (DEA) will provide support services for the Project, if and when requested by the Consultant. Some services listed below may be provided by subconsultants working under the direction of DEA. These services include 1 Provide monthly invoices and progress reports 2 Attend weekly coordination meetings during construction period, as requested 3 Assist in interpretation of the Contract Documents 4 Review contractor submittals 5 Provide response to contractor Requests for Information (RFI) 6 Review Change Order Proposals 7 Collect Record Drawing markups from Contractor and Consultant, review for completeness, and prepare record drawings 8 Provide geotechnical support during construction, which will include a Response to RFIs b Observe roadway and culvert subgrade, embankment construction, on an on -call basis c. Review settlement readings on a weekly basis d Review dewatering design and monitoring for utility construction e Review shoring design 9 Survey Volume Checks for pre Sub Grade and Post Subgrade DEA will provide the necessary professional surveying services to perform the field and office survey necessary to prepare excavation volume calculations for pre sub grade excavations and sub grade fill DEA will use RVS as a means to collect data for the purpose of verifying volume quantities for the new Southcenter Parkway Extension from S 180th Street to S 200th Street. 10 Survey Quality Control DEA will provide necessary professional surveying services to perform the field and office surveying necessary to verify construction activities during the course of the Project. Deliverables include 1 Copy of 22 "x34" signed mylar record drawings Electronic copy of record drawings in PDF format Survey data to demonstrate the volume of excavation and embankment S Prolecis ∎Contracts ∎Chem Tukvvila`10005 SouthrenterParkwayExDOraRs8NeoodadonRecnrds `dn- houseDrafls'Suppt FulICA1.Er A- 1- Srepe1FINAL■SCP" ,drld d 6 of 7 KBA, Inc April 1, 2010 III. OPTIONAL SERVICES All services not detailed above, are considered Optional Services, which, along with any other Extra Work requested by the Client, will be performed only when a mutually negotiated Supplement to this Agreement is executed, specifying scope of services and budget. Potential Optional Services include A. Re- staking and /or changes to the one -time control and construction staking, as design changes or stakes or monuments are interfered with by construction contractor B Prepare record of survey and right of way plans DEA to perform the necessary professional surveying services to perform the field and office survey necessary to perform the following tasks 1 Re- establish horizontal control to perform as- constructed survey of the centerline alignment of the roadway improvements 2 Set PK nail, straddles, and punch center of monument at each Right -of -Way centerline alignment PC, PT, and roadway intersection(s) 3 Prepare a Record of Survey for the centerline alignment and record of monuments for the Southcenter Parkway Extension project. 4 Prepare a base map and final Right -of -Way plan set, according to WSDOT standards C Public Involvement support: 1 Coordinate media releases and traffic advisory updates 2 Develop and maintain Project website, updating Project progress monthly 3 Provide periodic notification newsletters to affected property owners on upcoming work, and include contact numbers D Provide additional seat license(s) to the SharePoint Document Control system, at a rate of $150 per seat license E Provide material, including souvenir item(s), for ground breaking and ribbon cutting events S .Pro;e.ls' Contra.-1,`Cliant'.Tukv:ilalloCJS SouthrenlerParkr: ay Ex. to raltsB NeaobabonRe rordsln- houseDrafis'Supp1 FUIICi.1 Er A- 1- SoopeIFINALISCP 20i, -„1 du_ 7 of 7 Direct Salary Cost Overhead (Including Payroll Additives) Direct Non Salary Costs Subconsultants B &O Tax Fixed Fee Total Original Contract Amount Supplemental No 1 Amount New Maximum Amount Payable: DEA Design Support Effective CM Services Fee Exhibit E -1, Supplemental No. 1 Summary of Payments CPFF Basic Agreement $13,149 10 $17,556 68 349 49 0 00 3,944 73 $35,000.00 35,000 00 $2,488,950 00 $2,523,950.00 215,200 00 $2,308,750.00 Supplement #1 590,175 02 788,001 69 109,439 29 824,281 50 177,052 51 $2,488,950.00 Total 603,324 12 805,558 37 109,788 78 824,281 50 180,997 24 $2,523,950.00 S \Projects \Contracts \Client \Tukwda110005 SouthcenterParkwayExt\ Drafts& NegotiahonRecords \In- houseDrafts \SuPP1_FuHICM \Ex El SummaryOfPymts_20100401 docl of 4 PROJECT: Southcenter Parkway Extension DIRECT SALARY COST (DSC): TOTAL DSC (2010 to 2011) OVERHEAD (OH COST including Salary Additives) DSC x OH of FIXED FEE (FF): DSC (only) x FF Rate of REIMBURSABLES: Vehicles, Mileage, Reproduction, Postage, Misc EXHIBIT E -1, Supplemental No. 1 CONSULTANT FEE DETERMINATION SUMMARY SHEET (COST PLUS FIXED FEE) KBA PROJECT #10005 Fee Determination Summary Sheet Southcenter Parkway Extension 2010 Classification Est. Hours Est. Rates Est. Cost Project Manager 388 x $69 50 26,966 00 Project Advisor (RRT) 10 x $77 00 770 00 Resident Engineer 1,709 x $40 00 68,360 00 Assistant Resident Engineer 1,498 x $42 70 63,964 60 Office Engineer 1,382 x $31 30 43,256 60 Inspector 1,426 x $35 00 49,910 00 Inspector 0 x $35 00 Document Controls 320 x $26 00 8,320 00 Scheduler 160 x $76 50 12,240 00 Contract Specialist 9 x $34 00 306 00 TOTAL 2010 DSC 6,902 S Projects \Contracts\ Client\ Tukwila \10005_SouthcenterParkwayExt\ Drafts &NegotiationRecords \In houseDrafts \Supp \Ex_E 1FeeSummary(FINAL)20100401.xlsx 2011 Classification Project Manager 378 x $72 98 27,586 44 Project Advisor (RRT) 10 x $80 85 808 50 Resident Engineer 2,136 x $42 00 89,712 00 Assistant Resident Engineer 1,814 x $44 84 81,339 76 Office Engineer 1,891 x $32 87 62,157 17 Inspector 1,121 x $36 75 41,196 75 Inspector 0 x $36 75 Document Controls 0 x $27 30 Scheduler 160 x $80 33 12,852 80 Contract Specialist 12 x $35 70 428 40 TOTAL 2011 DSC 7,522 274,093.20 316,081 82 14,424 590,175 02 133 52% x 590,175 02 788,001 69 30 0% x 590,175 02 177,052 51 109,439.29 SUBCONSULTANT COSTS (See Exhibit G) Anchor QEA DEA, Inc. DEA CM Services DEA Design Support Envirolssues HWA GeoSciences State B &O Tax on Subconsultants 1 Subconsultant Total 5 Original Contract Amount Total Contract Amount Design Support Services During Construction Effective Construction Management Amount Total Contract PREPARED BY: Mike Roberts, P.E. Date. April 1, 2010 111,300 00 215,200 00 Fee Determination Summary Sheet Southcenter Parkway Extension 359,600 00 326,500 00 20,000 00 106,000 00 12,181 50 GRAND TOTAL Supplement 1 $2,488,950.00 S Projects\ Contracts \Client\ Tukwila \10005_SouthcenterParkwayExt\ Drafts& NegotiationRecords\ In- houseDrafts \Suppl_FuIICM \Ex_E- 1 _FeeS ummary(FINAL)20100401.xlsx 824,281 50 35,000 00 $2,523,950 00 215,200 00 $2,308,750 00 KBA LABOR HOURS Tve Project Manager Project Advisor IRFT) Res dent Engineer Assistant Resident Engineer Office Engineer Inspector Inspector Document Controls Scheduler Doniracl Specialist Totals Field Office Vehicle Mi eage Fern lure Mob hcation roe PrmlerCop eriSCanner Pub lc Outreach Malone s Supplies. CopresPostage Totals COST OF DIRECT EXPENSES COST OF SUBCONSULTANTS Subconsu taut -NO markup Anchor SEA David Evans Associates Envvolssues HWA GeoSC ences B &O Tax on Subtcnsultanu 1 5 9 0) COMBINED COST CURVE T1tle Protect Manager Preecl Aces Jr (RFT) Res dent Engineer Assistant Res dent Eng nee Rrice Engineer Inspector nspec or Document Contra s Scheduer Contract Spe_lalut Direct Su ary Carla Overhead Subtotal F red Fee on DSC r©.. Direct Costs No Markup Subccnsulianis BAD Tao Management Reser4e TOTAL ESTIMATED COSTS Onglnal Contract ;mount Supplemental No 1 Amount New Maximum Amount Payable DEA Design Support EHeclive CM Services Fee Total Hours 766 00 20 00 3,845 00 3,312 00 3 273 00 2 547 00 Tore II Ind red 35.700 00 47 700 00 2 950 00 12.340 101 8 400 00 1 000 00 1 94919 Total mmrect 359.500 00 326,500 CO 20,000 30 106 000 00 I 12 18150 8 323 70 25,092 30 '24 40 '90 17502 '98 00 69 1,378 1'671 17705251 139439 27 924,211 50 35 020 CO 24885 1523 95C 00 215,200 00 2,308,750.00 PRE-CONSTRUCTION Project Name. Southcenter Parkway Extension CM and Design Support Services KBA Project No 10005 Budget Estimate Supp No 1 CONSTRUCTION ]tar Apr ].lay Jun Ju Aug Sap Oct Nor Om Totals Jan Feb Elan Apr 1.1ay Jun Jul Aug Sep Oct 2010 2214 2010 2010 2217 2010 2010 20 0 2010 2010 2010 1 2011 2011 2011 2211 2011 2011 2011 2011 2011 2011 400 9209 4E 00 4800 3200 3200 3200 3200 3222 32 38 3200 -'200 3200 32 C9 3200 7200 70 C0 3200 3'03 200 130 0:200 1000 240 200 290 200 200 4000 19500 15800 188 200 204 2 00 19]00 188 00 27400 183 00 18800 15800 8 ]000 0 80 17700 19400 10500 19720 191 G0 188 G0 02 10800 19500 4400 GG 15200 18000 19700 70000 18800 20400 15800 183 149800 118 17700 19400 18500 114 104 C0 22 19]00 19700 18800 18000 8000 000 00 15200 16800 100 C0 16800 16800 18402 14402 176 CO 1.78200 16800 16700 17000 100 C0 17000 1'fi 00 17600 10820 16970 19' -VO 120 00 140 00 19] 00 188 00 188 00 224 00 158 00 183 00 1 426 00 1 ]8 00 173 00 194 00 185 00 194 00 197 00 CLOSEOUT EXHIBIT E -1 Supplemental No. 1 Nov Dec Totals f Total 2011 2011 2011 Hours 3200 26 CO 37000 76600 10 09 16700 8000 2.136 20 40 1,814 00 8730 82 CO 1 891 00 1 121 00 2000 3 945 00 331200 3 273 30 2,547 00 32000 8000 8000 8000 6000 32000 32000 32000 2400 2400 1600 1600 1600 1600 1600 1600 1600 16000 1600 1600 1600 1600 1600 1600 1803 1600 1800 1607 15000 32000 2100 1 GO 100 100 1 30 1 00 100 1 70 100 1 00 900 1 00 100 1 CO 100 1 00 100 I 00 100 100 103 1 00 100 1200 2100 14,42400 54.00 47400 74500 8790D 8960D 783,00 78100 84700 66700 776.00 6,90200 75100 73000 807.00 774.00 80700 81800 619,00 59000 093.00 521.00 32000 187 00 7,522.00 14,424,00 1 1 ar Apr May Jun Jul Aug Sep Oct Nov Des Totals Jan Feb hear Apr May Jun Jul Aug Sep Oct Nov Dec Totals Tote 2010 2010 2010 2010 2010 2010 2010 2010 2010 2010 2010 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 Indirect 170000 1 700 00 170000 1 700 00 1 700 00 1,700 20 1 700 00 1,70000 1.70000 15.30000 1 700 00 1,70000 1 700 00 1 700 00 170000 1 '00 30 170000 1 700 00 170000 170000 177000 1 700 00 2040001 35 700 00 90000 2 700 00 270000 2,70000 2 700 00 2 700 00 1 720 00 2 700 00 270007 22 500 00 270007 2 700 00 2 700 00 2 700 00 2 700 00 2 700 00 1 800 00 1 800 00 1 800 00 1.20000 90000 90000 24 500 00 4'10000 10000 10000 15007 15000 15000 15000 15100 15000 15007 1 300 00 15000 15000 15000 15000 15000 15000 15000 15007 15070 15000 10000 5000 1,69000 2 950 00 034010 5 200 00 1 000 00 12 340 10 12 340 10 40000 40000 40000 40000 40000 40000 40000 40000 40000 380000 40000 40000 40000 40000 40000 40000 40000 40000 42000 40000 40000 40000 4 800 00 840000 1,02000 1 00300 5000 10000 10000 10000 10000 10000 10000 10000 10000 05000 10000 10000 10000 10070 10000 10000 10000 10000 10000 10000 5000 4319 1 299 19 1 949 19 109,439.2911 6,34010 015000 6,05000 5,05000 5,050.00 5,05000 5,05000 5,050.00 5,05000 5,05000 56,89010 5,05000 5,05000 5,05000 5,05000 505000 5,05000 4,15000 4,15000 415000 3.550.00 3,15000 3,09919 52 549 19 109,439 29 11 [tar Apr May Jun Jul Aug Sep Om Nay Oec I Totals 7010 2010 2010 2010 2010 2010 2010 2010 2010 2010 2010 7102 22,020 22029 22958 22029 22029 23,699 18,897 21,507 142,34676 2 671 13 531 28'12 27 114 28 129 24 247 23 030 37 796 15 506 18 884 200 71011 10000 2,003 1000 509 500 500 000 1,000 10,500 00 5,000 0000 8000 6000 7700 5000 5,000 5000 5000 56 020 00 4007 53540 91801 87213 89396 80653 70538 1,00476 52255 68036 7 133 35 Jan Feb Mar Tor Slay Jun Jul Aug Sep at Nov Dec 1 Totes Total 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 200 I Subs 20985 20 463 22.055 21'15 21'15 22.968 22055 22,029 1754 514 1 25324 259 600 00 5639 10654 10562 8988 9487 5,392 5909 6,903 7,888 7363 8 171 105 89891 326 500 00 500 500 500 7 700 3,500 CO 20 020 CC 0000 3,000 5000 5000 5000 5000 0,720 8,000 5,700 3700 50 000 00 1260 CC' 45186 51926 58226 53556 54303 57040 56646 55397 21303 19317 13057 25 5 048 10 1218150 Totals 1 824,281.501 271156 36,22844 62,15947 59,01422 60,49097 54,582.10 51,31719 47,94894 42,125.48 46,071 451 440690 221 30.57618 35,13649 39,39932 36 239 26 36 745 22 33,860.63 38,330.7' 37,48506 14,45569 13,07097 8,835,05 17,456,701 341,597 281 824,281 901 Toia Mar Apr May Jm Jul Aug Sep Oct No, Dec Totals Jan Feo I,lar 4pr [lay Jun Jul 4 ug Sep Oct Nov Dec Totas Tola Cost 2010 7010 2010 2017 2010 2010 2010 2010 2010 2013 2010 2011 2011 2011 2011 2011 201' 2011 2011 2011 2011 2011 2711 2011 Coot 54,55244 55600 6 394 00 ?33620 3 2 224 00 2 224 00 2 224 00 2 204 00 2 224 00 26 966 00 2 235 36 2 „535 23757 277536 2335 25 2 225 36 2 335 35 233535 2 735 76 2 335 36 2 335 36 1 397 48 0 54 552 44 1,59 50 154 00 1 0 4 7 7 1 5 4 00 174 00 1 5 4 77 2100 1 6 1 70 1 6 1 70 1 0 1 70 161 7 0 161 70 108 50 1 573 57 152,07200 1 600 00 '82000 672000 7 570 CO '88070 252000 7 520 00 3161 CO 6 320 00 7 320 00 65 360 07 74'500 7, 00 8 148 00 7 77027 3 149 03 8 8'7400 7'9503 ,89607 9 190 00 2'4 70 3 360 20 35 712 00 151 072 00 145 304 36 120000 5 492 40 81. 941190 5' 02'60 8 C27 50 921730 6'4560 '81410 6796463 7 981 52 77532 859006 9 295 40 8 658 15 637548 453340 312932 9 429 92 3 557 27 129300 0133916 14531425 10`41777 12780 1 252 01 47550 5 258 40 550029 5 258 40 5 259 40 5 '53 20 454' 150400 4325663 550215 525920 5 5,52715 :78112 529512 5 785 12 5 522 16 552216 6 409 55 2 ,62700 2 629 60 62,15717 1054132' 5110675 421014 455000 6 895 CC 5 500 00 6 530 00 5 530 3G 640500 4 054150 625775 7 179 00 6'3075 7 129 50 '279'5 41100 81 105 75 2 080 00 298007 2080"" -0 2 080 00 822070 9,32200 1 836 00 1 936 00 1 224 00 1 234 00 4 274 00 1 ,224 00 1 234 00 1 224 00 1 224 20 12,240 00 1 285 29 1 285 25 1 285 20 1 285 28 1 285 28 1 295 23 1 705 79 1 285 34 1 205:5 1 285 25 12 352 33 25 792 20 7 7470 3400 3410 2472 3400 3400 3400 3402 3400 30500 -5'0 25'5 ,570 3570 _570 3570 3570 2570 3570 3570 7510 35'0 82840 7- -440 34214 CC 3025770 3101200 3094930 33476 CO 0 0653590 3069330 27409320 3'11 752 2745331 3 ?11'02 3220435 3241'32 050'9 2554844 2566412 2550442 2200499 1309825 r 70 316 081 12 500 105 02 270382 212533] 29454 CC 31 29 383 58 39,32698 4_,59210 45,'4038 41 420 57 41 214 95 44 603 69 2549735 40 569 1 30595924 4162832 10 56 94 44,61951 42 090 25 44 610 51 45,7' -056 35 448 14 34 269 40 34 053 50 29 380 93 18436'9 ',057850 422 232 45 '88 001 69 5 477 24 49,14158 6378099 79 7999553 7 72 082 95 79 309 30 62,08716 '1 553 04 64076241 '2 305 74 711 ^_625 78,0 7521360 '307753 1 9 280 95 6199 5093552 59 557 92 St 385592 72_4575 '050128 ?8114 3791'5 1 '0314 53,740 58'- -5 10 10 9'-1660 3 240 40 '.01180 7975'4 92051 9232'90 925225 9,13749 10225. 9561 10 025 39 1710517 7 954 51 69984 1 051 33 55014' 4 142 48 227537 94 024 55 5,740'0 9 150 00 5.01070 5 750 00 5 050 00 525770 5 050 CO 5 050 20 505202 5 050 20 5639712 5 750 70 5 050 00 5 050 00 5 050 CO 5 050 20 5,05000 4 150 00 4 150 00 4' -009 3 550 00 315007 3 099 19 52 549 10 700 437 39 271150 .5 228 44 62 159 47 5901422 6045497 34 582 10 512:7'9 0735204 4313598 45 071 15 492 630 22 30 5 18 ?513049 79295:2 26 231 75 25 745 22 2908762 6833071 3749505 1415569 1207967 939505 12455'0 24150728 8212 °152 2,488,950 00 11 75,22004 101 397 52 145,325 65 154 224 95 15581587 141.381 27 137,71055 161,07043 117.23478 131,97966 1,261,07072 117.785,18 120,45023 13251222 126,15116 129,85812 128.376'0 112,44248 109,27042 85,81494 74,60826 48,37250 41,40400 122707928 2,488,950 00 CPFF StPrclec1 siCanuacr,tC1lent5Tukwils550305 SaulhcenterParko4ulE otOreits&Negot aliorRecordnlln- houseDrails.Supp _FAG MIEx_E -1 111ueger,FIN.7Ll2010401 ,7188 Dale orepared April 1 2210 Prepared 0) Mike Roberts Page 4 or 4 The AGI,NC Y permits subcontracts for the folIowing portions of the \k ork of this AGREEIt9EN I Environmental, Public Relations, Materials Testing, and Design. DOT Form 140 -089 EF Exhibit G Rewsed 6/05 Exhibit G Subcontracted Work iota ITot l I.i l 1 11 °1111 r plpb Anchor DEA COST OF DIRECT EXPENSES COMBINED COST CURVE 287001 1 180008/1 PPE 3OU21AO17 I Project Name: Southcenter Parkway Extension CM and Design Support Services KBA Project No 10005 Budget Est mate for Anchor QEA 00 01 2020. 100 on 2 1 1 0 0 x0200 20200 21700 11210 10711 1676 nn I 197 an 1.1.0 20.. 19710 009 03 211« 209 n0 20200 to oa ano 33906 9.7 on 93e 001 ,09643 932 00 229. 3110 TOTAL EST12101E13 T 359,60000 1 1 2 0 3 22 5. 21 1 1 07. 1 3 1 2 1 2 1 5 0 2 2 0 1 1 1 3 1 6 5 2 13 2 1 7121,!0 181 43'1I 21130. 13 17291 .31343 1 21,1111 21 111 0 ..9,771 51 1. .2. 1 17011 CLOSE 1 621v, 1 7090001 EXHIBIT G -1 Anchor CIEA 105.107 no David E.ns 8 Associates gn Eng nmOnspeDor Innpector 11,5 r I COST OF DIRECT EXPENSES COST OF SUBCONSULTANTS COMBINED COST CURVE 3,11.630 :CS% 3150 0157 31 50 1 160 00 16 5 13 On 160 00 17600 VP 00 1630n 184 nn PO 00 1 16, nn r2 21 r 1 o a g a 91 50 31. 31:0 2 758 OD 1300 Men 23.0 21000 272 00 919E6 1980n 312 00 1340 12( V 1'42 nn 13 On 60 00 60 00 60 00 64 B 34 Oa OM 16 00 54 Of 59 6.5 64 00 616 OP 3150 21 57 'I 00 .511 617 PPE C.511/17VIDD 1 Ir Project Name" Southcenter Parkway Extension CM and Design Support Services KBA Project No 10005 Budget Est mate for DEA, Inc 259 13 309 OD 30200 702 00 On9 00 MN 3n2 oo 3u) 90.0 267113 60260 30200 30900 01 Sea on r s 2n2 nn se 5 292 00 299 6" n 796 00 1, no 36 7 .10 00 rl 2613 311 2. 2 166 2 606 2 1,6 2,166 9 166 9136 I 2,o 1 .36 1 636 ri 7'11 2 r I 12 30, 3:2470 302 00 95200 309 00 309 nn 3n, nn MOO 24 12,71224 1 32b,500 00 eq 13 531 Cr 23 719 O 97 111'3 2 12 r 91213 2 21 37, 36 16,0.6 In 163 no 22,in 11 593n o 10 35.0 21 1.9 97 1 nrr 9133 0 7,92 nne ,n2 cLOSE r II EXHIBIT G-1 DEA. Inc Exhibit G -1 Subconsultant Fee for Enviroissues Summary of Labor Cost Staff Hours Labor Rate Cost Associate III 45 $120 02 $5,400 90 Associate I 132 $72.01 $9,505.32 Project Coordinator 74 $60.01 $4,440.74 Graphic Designer 2 $96.02 192.04 Total Labor Cost $19,539.00 Total Direct Cost 461.00 Total Budget $20,000.00 Ex _G- 1_Budget(FINAL)Envirolssues docx 1 of 1 EXHIBIT G -1 Subconsultant Fee for HWA GeoSciences, Inc HWA's fees are based on an Hourly and Per Test Basis, not to exceed $106,000 00, per the attached Billing Rate and Fee Schedules. S Projects\ Contracts \Client\ Tukwila \10005_ SouthcenterParkwayExt \Drafts &NegotiationRecords \In houseDrafts\Supp1_ FuIICM\Ex_G-1_Budget(FINAL.)HWA.docx 1 of 4 EMPLOYEE Sa Hong Ralph Boirum Lorne Balanko Arnie Sugar Gary Harshman Vance Atkins Steve Greene Teddy Taddese Brad Thurber Peter Pearson Daniel Coltrane Tom Kinney Erik Andersen George Minassian Bryan Hawkins JoLyn Gillie David Maloney Donald Huling Terry Horton Christiana Fisk Tink Kinney Tony Martin Harold Benny Brian Cocker Matthew Spenner Kimberley Swanson Alix Rackleff David Prihoda Ashley Crane Jessica Herrera Carol Micek Danielle Werner Joan Kinney HWA GEOSCIENCES INC. 2010 HOURLY AND BILLING RATES (Effective 01/01/2010) TITLE Notes Represents Capped Billing Rate Principal IX Principal IX Principal IX Principal VIII Senior Environmental Planner VI Hydrogeologist IV Geologist VII Geologist IV Geologist IV Geologist III Geologist I Geotechnical Engineer VIII Geotechnical Engineer VI Geotechnical Engineer V Geotechnical Engineer V Geotechnical Engineer III Geotechnical Engineer III Geotechnical Engineer III Administrative Support Administrative Support CAD Field Technician Manager Lab Technician Manager Lab /Field Technician II Lab /Field Technician IV Lab /Field Technician III Lab /Field Technician II Lab /Field Technician II Lab /Field Technician I Lab /Field Technician I Marketing Manager Marketing Assistant Comptroller HOURLY RATE $97.26 $82.93 $75 48 $64.90 $55 00 $33.89 $55.53 $32.45 $30 77 $25 72 $22 84 $67 31 $48 08 $45.43 $43.27 $33 53 $32.69 $32.69 $24.52 $20.43 $21 63 $36.06 $31 25 $18 00 $25.00 $23.00 $20.43 $18.00 $16 83 $16.59 $32.21 $16 59 $46.63 BILLING RATE $235.00 $235 00 $235 00 $220.00 $190.00 $115 00 $190 00 $108.00 $108 00 $88 00 $78 00 $225 00 $163 00 $150 00 $150.00 $114.00 $114 00 $114 00 $83 00 $69.00 $74 00 $122.00 $107 00 $62 00 $86 00 $79,00 $70 00 $62 00 $58 00 $58 00 $110 00 $58 00 $160.00 Exhibit G -1 Page 1 of 4 HWA GEOSCI E NC ES INC. STANDARD SCHEDULE OF FEES AND CHARGES All prices are effective May 1, 2009, HWA GeoSciences Inc. holds accreditations from both the American Association of State Highway and Transportation Officials (AASHTO R -18) and American Association for Laboratory Accreditation (A2LA). We participate in the sample proficiency program from AIVIRL for soil classification, coarse and fine aggregates, Hot Mix Asphalt, California Bearing Ratio, and compaction; and CCRL for concrete. Request a schedule for labor ales. All Outside Expenses (ic, airfare, subsistence, equipment rental, materials, reproduction, etc.) 1)rilling and Chemical Laboratory Subcontractors Mileage (per mil,) Project Sample Storage Beyond 30 Lays from Emal Report Per month Cost plus 109:i Cost plus 1534 8 1 00 00 t Soil Laboratory Iests Tests for contaminated soils will be quoted per individual request. In addition, all contaminated soils will be returned to client for disposal. \tterberg Limas l iquid I omit and Plastic Limit (AS IM 1)4318) The Point 595 00 I hree Point 4135 00 Califiirnia Rearing Ratio (ASl'M 1) 1883) (Regimes Illnrctmr /Detl$lty Rc• %rtrunshlp 7c'st) One Point 4200 00 l htee Point 8525 00 Consolidation lest Incremental Loading (AS EMI) 2435) 9 loads, 0 125 LSE to 32 ESE, 4 Unloads 8525 00 Each Additional Load 345.00 Consolidation lest, Controlled Strain (ASTM I) 4186) $650 00 ;ratnsr c Analysis Combined Analysis (AS "I M 1)422) $200.00 Hydrometer Analysis (ASTM I) 422) $170.00 Passing #200 Sieve (ASTM I) 1 140) 455.00 PSEP Particle Site 8 250 00 Sieve Analysis-Wet (ASTM 1) 422) 485.00 Moisture /Density Relationship Proctor Cohesive (AS I'M 1) 698,1) 1557) S215 00 Proctor Granular(AS'I 54 I)698, l) 1557) .`4180.0(1 Moisture Content w /Description 816 00 )ne- Dimensional Swell (ASTM I) 4546) 8625 00 Organic Content lest (ASTM 1) 2974) 865 00 Permeability Iests Permeability of Granular Sims (ASTM 1) 2434) 8275.00 Falling Head lest (\VSDO "1 605) 8200 00 Irtaxialwith Rack Pressure 2 days (ASTM 1) 5084).. 8425 00 Each additional day 8150 00 I riaxial with Rack Pressure (6 -inch diameter) (AS I'M 1) 5084) 4525 00 Exhibit G -1 Permeability I ests (coo "t) Estimate of Effective Porosity s545 00 Meld Capacity (sand) 4195 00 Sand Drainage Characteristic Curve 43 5 00 Relative Dcusus (AS I \1 I) 4253 /1) i_'S i) 4 350 00 Shelby tube Extrusion and Sample Description ti 35 (l0 Soil Resistn•us and pH (\VSDO 1 417) 39(1 00 pH Only 535 00 Resistivity Onh 465 00 Specific (eraetts lest (ASTM 1)854) 38000 Strength testing Direct Shear Strength (per point) (AS I iM 1) 3(180) 4120 0)) Direct Shear Strength 12" box (per point) 5150 00 Residual Shear (per point) $1 30 0)) biaxial (c -u) (AS I'M I) 4 4500.0)) with K Consolidation 575)) 00 Stress Path tests 3650 00 biaxial (u u) (AS 1 �1 D 2850) 3200 00 Multi -Stage I riaxial (c -u or c -d) 41,200 00 Unconfined Compressive Strength (AS 1 M I) 2166) S100 00 Modulus and I)ampen ing olSoils under (,ychc I oading (AS I M 1) 3999) 4 0)) Resilient Modulus of Base /Suhgrade (A, \SH'I 1 296) 8600 00 Unit Weight Cohesive Soil by Waxing (US( OE) 88)) 10) Percent of Calculation 516 00 Porosity (incl specific gravits /unit weight) 31(1(100 Soil in Ring (AS IM 1) 293 838 (1)) Bull. 1)ensits of Solid Waste (AS l ;'vi E 1 11)9) S40 U0 Soil in Shelhs tube (AS 11\1 D 293') 842 00 Visual Soil Classification 516 00 Aggregate )n 'it Ics,is Clay 1 amps and Enable Particles (AS I i\4 C 142) 49)) 00 Degradation lest \'S1)0 I 113) 5200 00 Fracture 1 ace Count (without sieve) \\'SI)O I 103) 5•'i(1 (1)) (;rain Size (AS 151 136. 1 I 585 (10 I os Angeles Abrasion (AS I M C 131, C 535) 8! 80 00 Organic Impurities (AS I'M 40) 445 00 Percentage of Material Passing #200 Sieve (AS I'M 1 17) 555 00 Sand Equivalent (AS 151 2419) 341) 00 Soundness Using N1gS0 (AS I i\ 88) S375 00 Specific (eravitvlest Coarse Aggregate (AS I i \1 C 12") 570 00 Eine Aggregate (minus #4 mesh) (AS IM 1 28) 58)) 00 Unit Weight by Dry Roddmg (AS I M C 29) 860 01) Page 3 of 4 STANDARD SCHEDULE OF FEES AND CHARGES All prices are effective May 1, 2009, oncrttc and Masonry Tests Compre estingofConcrete (,ores (Includes trimming) (AS I'M C 42, C 513) $60 00 Compression testing of Concrete Cylinders (AS I M C 39) $25 00 Compression I esting of (rout and Mortar Specimens (per specimen) (UI3C21 -18, 21 -16) $18 00 Concrete Beans Flexural Strength lest (AS FM C 7 8 $80 00 Concrete Cylinder Molds $2.50 Concrete Cylinders Sampled and Cured (not tested) $12 00 Concrete Mix 1)esign (fixed gradation) $2,000 00 I)ensus"lest Concrete Cylinders $35.00 light Weight Concrete Cylinders $80.00 End I rimming ot Samples (if needed) $20.00 Splitting tensile Strength lest (ASIM C 496) $80 00 Shotcrete Panel (cut three cores and compression test) $300 00 Geosynthetics bests (eumembrane to Soil Shear (per point) (AS FM 1)5 321) Shear /Peel Strength "lest (AS I'M 1) 4437) Rock I csts Abrasion Resistance (AS I'M C 535) Ethylene (lvcol Accelerated Expansion Riprap Soundness (AS I'M I) 5240) Specific (travity and Absorption (ASIM C 127) Splitting tensile Strength of Rock Cores (10 Discs) (ASIM I) 3967) Unconfined Compressive Strength of Rock Cores (AS I'M I) 2938) Labor will be charged in addition to equipment charges. Air Filters for Development (per day) I3K Development Punip /Surge Block (per day) I3olt tension Calibrator (per day) Carlson Filter (per day) S200.00 $125 00 Asphaltic Cenci to "Tests Asphaltic Concrete Mix Design (Marshall Method) $2,000 00 Bitumen Content by Fxtraction Fxtraction only (ASIM I) 6307) $90.00 with Gradation (AS "I'M l) 5444, I) 6307) $145 00 Bulk Specific ravity and I)ensrty SSI) Method (per specimen) (ASIM I) 2726) $45.00 Bulk Specific (travity and Density Wax Method (per specimen) (AS I'M I) 1188) $70 00 HNIA Mix Correction Factor (AS IM 1) 6307) S180.00 Marshall Stability and Flow Determination (3 specimens) (AS IM 1) 6927) 5425 00 Percent Air Voids in Compacted or Open Bituminous Mixtures (AS I M 1) 3203) 5 150 00 Ri knsin (WSI)O I 705) $90 00 "I SR $600 00 $200 00 $20(1 00 $300 00 $70 00 5210 00 5 1 00.00 $50 00 $20 00 $50 00 $5000 Coating l'hickness Gauges (per das) 525 0)) Combustible Gas tech Meter (G1 302 3220) Per das S95 00 Per week 5300 00 Concrete Air Meter (per day) $25 OO Coring Equipment ;barge request a schedule I )ata Logger and transducers Per day $150 00 Pe rweel. 5500 00 Dissolved Oxygen Meter Per day Per week Flow Monitoring Set Per dal Per week Geomembrane tensiometer (pct day) (rundfos Reek How II Pump and (enerator Per day Per week Landfill (as Monitoring Equipment ((;EM 500) Per dat Per week I evel and Stadia Set Mag Particle (per dat Nuclear I)cnsit) (auge (per day) Per month Peristaltic Sampling Punip Per dat Per week pi I- Conductivity Iemperattuc Meter Per eta\ Per week Photoionuauon Detector (Mini Rae I 1 N U iNIrcronp) Per dat Per week Pneumatic Pressure Indicator Ohl) Bladder Pump "onu'oller Per day Per wee(. Safety Equipment 1 eve( 1) (solves gloves, disposable suit) Level (above plus respirator) Level Cl (above plus chemical suit) Level B (above plus 5( 'BA) Sensidvne Monitoring Equipment (dues not include tubes) Sediment Coring or Soil Sampling Kit (does not include shells) tubes) (per dat torque Wrench (per dat Ul 1 "hrckness (auge (per day) Well Probe (per etas $95 00 $300 00 `3105 (ll) 5400 0(1 $60 110 S1( $3)0 00 $95 00 5 30O 0O 52500 525 O(1 $25 00 5300 00 $50 O)) 590 0)) S40 00 $100 0)) $95 OO S300 00 $95,00 $5(1 00 $90 00 525 00 S5() 0() $95 00 530(1 00 51500 550 (1O $25 1)O $5(1 0(1 515 00 For more information, please contact: Lorne Balanko, PE, for Geotechnical Services Arnie Sugar, LG, LHG, for Geoenvironmental Services Harold Benny for Laboratory Services all at 425.774.0106 Page 4 of 4 Direct Labor Base Overhead Rate Description Payroll Burden Payroll Taxes Group Insurance Bonus Retirement Pension Vac. /Holiday /Sick Other Emp Benefits Total Fringe Benefits General Admin. Expenses Indirect Labor Auto Expense Bid Proposal Communication Exp. Computer Tech. Support Depreciation Business Insurance Expense Legal Accounting Miscellaneous Office Rent Professional Dues Subscriptions Books Supplies Taxes Training Education Travel Expense Total G &A Expenses Total Overhead Expenses Anchor Environmental, LLC Overhead Schedule Fiscal Year December 31, 2007 Financial Statement WSDOT Amount Anchor Adj. Adj, $6,022,651 $554 1Z $614,745 $816,251 ($17,011) $1,526,716 ($276,218) $222.317 $793.089 532,352 $4,005,470 ($17,011) ($276,218) $3,837,878 ($198,014) ($554) B,R $76,160 ($54,994) C $212,490 ($70,122) B Q $231,545 $11,454 $283,953 $162,734 $44,722 ($35,653) D $461,650 ($266,70 ($194,946) $751,079 ($2,186) $13.261 $16,107 $384 034 5348.826 $34,657 $145,628 ($28,677) ($13,201) 1,N $7,016,178 ($654,164) ($210,887) $11,021,648 ($671,175) ($487,105) 183.00% Ref. Anchor Environmental, LLC. Reviewed Accepted on 8/18/08 NM Anchor Eltvlro111ndntal Overhead prepared br Linda Krrippaehne "Overhead Rate subject to audit" Accepted Amount $614,745 A $799,240 L $1,250,498 $222,317 $793,089 $32,352 $3,712,241 E.F,G,1 -I,I,J ,K,O,P M Please note that Anchor Environmental does not segregate, identifj' or track their unallowable expenses as required by 48 CFR 31.2016. $6,023,205 l00 00% $3,639,310 $21,166 $142,368 $231,545 $11,454 $283,953 $162,734 $9,069 $0 $748,893 $13,261 $16,107 $384,034 $348,826 $34,657 $103,750 $6,151,127 59,863.368 163 76% 163.76% Exhibit G Anchor 10.21% 13.27% 20 76% 3 69% 13 17% 0 54% 61 63% 60.42% 0 35% 2,36% 3.84% 0.19% 4 71% 2.70% 0.15% 0 00% 12 43% 0.22% 0.27% 6 38% 5 79% 0.58% 1 72% 102 12% Page 1 of 2 A B C D E F G lI I .t Description References Anchor Adjustments: Anchor Environmental, LLC Overhead Schedule Fiscal Year December 31, 2007 Financial Statement Amount Anchor Adj. Adj. WSDOT Ref. Accepted Amount Key Person Life Insurance unallowable per 48 CFR 31.205- 19(e)(2)(v). Marketing unallowable per 48 CFR 31 205 -1(1). Marketing Labor of 33% was removed to match the disallowed marketing directly associated costs in the Bid Proposal Account. WSDOT will accept the 33% that was disallowed by Anchor. In 2006, Anchor removed 32.99% for marketing labor. We will expect Anchor to track and segregate these expenses for future periods per 31.201 -6 e to avoid the disallowance of the entire account. Auto expenses unallowable per 48 CFR 31,201 -6c, An estimate by Linda is being accepted for excess auto expenses since these costs are not tracked in accordance with WSDOT Accounting Manual, Ch. 70 T avel. Federal Income Tax Prep Fees in excess of S250 unallowable per 48 CFR 31.205- 41(b)(1), 31.201 -6(a) and WSDOT 0/1-7 Policy, Interest unallowable per 48 CFR 31.205 -20. Gifts unallowable per 48 CFR 31,205- 13(b). Local Meals unallowable per 48 CFR 31.205 -14 WSDOT Accounting Manual, Ch. 10, Travel. Direct project costs unallowable per 48 CFR 31.202(a) Alcohol totaling unallowable per 48 CFR 31 205 -51 Entertainment unallowable per 48 CFR 3L205 -14 Q Sponsorships unallowable per 48 CFR 31.205- 1(0(3) and 31.208 -8. WSDOT Adjustments: K Holiday Party expenses unallowable per 48 CFR 31.205 -14 WSDOT Policy. No record of total ee's who attended. L Reduced bonus in excess of 15% per 48 CFR 31.205 -6(f) and WSDOT Bonus Policy. We will review Anchor's bonus policy more in depth next year for distribution ofpro fits. M Common Control adjustment per 48 CFR 31.205- 36(b)(3) and 31.201 -4, Not Allocable. N Executive Parking unallowable per 48 CFR 31.201 -4, Not Allocable. O Local Meals unallowable per 48 CFR 31.205 -14 WSDOT Accounting Manual, Ch. 10, Travel. The statistical sampling method used by Anchor is not acceptible for' WS'DOT. The meals and entertainment account was tested and 94% was determined to be unallowable. WSDOT will require that Anchor track unallowable expenses and segregate all costs for future periods to avoid the disallowance of the entire account. Using Statistical sampling, Anchor removed $266,704 of'this account. We tested a couple months and determined that 94% of what was tested was unallowable. P Entertainment unallowable per 48 CFR 31.205 -14 R Adjustment for Uncompensated Overtime per 48 CFR 37.115 DCAA 5 -910. 5 -910.2 and 6 -410. Page 2 of 2 Description David Evans and Associates, Inc. SC1'{FJ)C_i-C.E OF INDIRF,CT COSTS Year ended November 1, 2008 Unallowable cost Costs, net Total costs eliminations of eliminations Labor Burden: Holiday Pay S 2,095,180 5 S 2,095,180 Sick Pay 2,116,377 2,116,377 Vacation Paid 4,669,267 4,669,261 Termination/Severance 256,804 256,804 New Employee Signing Pay 146,934 (146,934) Vacation Accrual 8,013 8,013 Vacation Cash Out 307,637 307,637 DOL Compliance Labor 5.230 5,230 Group Medical 7,638,8.50 7,638,850 Group Life Insurance 158,285 188,285 Workers' Comp Insurance_ 302,795 308,795 FICA PR Taxes 5,588,322 5,588,322 SUTA State PR Taxes 541,352 541,352 Other Payroll Related Costs 1,053 1,058 Civic Duty Labor 48,818 48,81E Public Relations Calculated Fringe Eiiuunatiun (271.1411 (271,14)) Union benefits 1,049,122 1,049,122 Tots) Labor Burden 24,970,044 (418,075) 24,551,969 Labor burden and General Overhead Expense Refine Allocation S 78,206,30j (5,825,009) c 72,381,292 DEE1 Allocation 1,740,726 (372 2 .2) 1,361 Tom: Labor burden and general overhead expense 79,947,027 (6,197,441) 5 7 Direct Labor 42,480,559 42,450,559 Overhead Expense Rate 1 1 /3.615b Facilities Capital Cost of Money Rate 1.095), Combined Overhead Expense end Facilities. Capita, Cost of Money Rate 174 702:, Exhibit G -3 DEA Co:nrnents 15 '4 indirect ].thnr 2.1.540,175 (666,520) 20,873,655 1,9,14 Public Relations Expense 385,689 (385,689) 1,2,3,14 Selling Expense 352,175 (33,252) 318,923 2,3 Occupancy 9,444,926 (297,940) 9,146,986 16 Communications 1,525,319 1,525,319 Supplies 1.465,514 1,465,514 Publications and Memberships 335,558 (13,088) '122,470 Computer and Printer Costs 1,175,313 1,175,313 Vehicle Expenses 2,803,410 (815,192) 2,717,278 1 i General Administrative 891,649 (82,228) 809,421 2,3.4 Training Expenses 1,305,/64 (75,226) 1,230,538 1,3,4 Employee Recruiting and Retention 1,219,811 (639,578) 580,233 2,3 Professional Services 2,005,414 2,005 414 Rosiness Insurance 1,200,069 (31,014) 1,169,055 7 Taxes, Licenses and Fees 1,989,863 1,02,9,803 Depreciation and Arnortizaticn 2,323,204 2,323,204 Bad Debt Expenses 1,10A 096 (1 104,996) 6 Conertbutions 320,586 (320,586) 401K and ESOP Contributions 1,125,612 1,122,612 Profit Sharing Expenses 233.565 (33.643) 199,922 5 Interest Expense 286,079 (286,079) 11 Finance Charges 3 170 (1,170) II (Gain) or Loss on Sale of Fixed Asset: 6,673 176,927 153,600 10 Rental Income- External (90 162) (90,162) Miscellaneous Other income (374.154) 373,202 (352) 12 Miscellaneous Other Expenses 92,527 (94 735) (2,208) I8 GamiLoss Oaf Comp Assets (762,488) (962,4 Income Taxes 1,826,(00 (1,805,727) 22,2;3 13 Total General Overhead Expense 53,236,257 15,406,934) 47,529,323 Page 1 of 1 Direct Labor Base $2,714,257 EnviroIssues WSDOT Accepted Description F/S Amount Adj. Adj. Ref. Amount Fringe Benefits FICA Tax $309,482 FUTA Tax 4,466 St?I Tax 29,525 L 1 Tax 9,045 Insurance Medical 246,567 Insurance Emp Life Dis 1,468 Insurance Life (Principals) 1,963 ($1,963) Employee Morale 9,810 ($8,185) Employee Bus Passes 35,093 Paid Time Off (vacation) 242,508 Holiday Pay 140,561 401(k) Match 112,990 401(k) Admin Expenses 200 Profit Sharing 294,000 Bonuses 644,479 Total Fringe Benefits $2,082,157 ($10,148) General Overhead Wages Overhead $773,051 Wages Bid Proposal 228,219 Temp Clerical Support 0 Professional Development 160 Relocation Expense 2,952 Rent 574,842 Off Site Storage 1,206 Lltihties Non -Phone 737 Maint,'Repairs Non Computer 10,628 Depreciation Expense 4,523 Section 179 Depreciation 122,613 Auto Lease 36,744 Auto License 527 Auto Maint. Repairs 6,681 Insurance Auto 9,710 Gas Auto 12,867 Meetings 11,309 Airfare 7,424 Car Rental 14,937 Envirolssues Overhead Schedule Fiscal Year December 31, 2007 (56,700) A C Exhibit G -3 Envirolssues 0 /0 $2,714,257 100 00% $309,482 11 40% 4,466 0.16% 29,525 1 09% 9.045 0.33" ;n 246,567 9.08% 1,468 0 05% 0 0.00% 1,625 0.06 35,093 1 29% 242,508 8 93% 140,561 5.18% 112,990 416 %0 200 0 01% 294,000 10 83% 644,479 23 74% 52,072,009 76 34% $773,051 28.48% 228,219 8.41% 0 0 00% 160 001% 2,952 011% 574,842 2118 1,206 0 04% 737 0 03% 10,628 0 39% %0 4,523 0 17% 122,613 4 52% B 30.044 1 11% 527 0 02% 6.681 0.25% 9,710 0 36% 12,867 0 4714, 11,309 0 42% 7,424 0.27% 14,937 0.55% Page 1 of 3 Description Lodging Meals Travel Mileage Parking Taxi Ferry Train Tolls Advertising (inch Employment A, Meals Business Capital Cost of Money Registrations Trade Dues GSA Industrial Funding Fee Delivery Postage 1 elephonc Computer Maintenance OnLine Services Accounting Fees Bank Charges (Late Fees) Business License Expense Copying Equipment I.ease Insurance Business Legal Expense Office Supplies Other Professional Services Subscriptions Taxes City: Seattle /Tacoma Taxes Personal Property Taxes State B &O Taxes Use Local Miscellaneous Total General Overhead Total Overhead Expenses Overhead Rate Envirolssues Overhead Schedule Fiscal Year December 31, 2007 Envirolssues F/S Amount Adj. 8,620 ($2,812) 1,018 4,110 26,245 1,884 3,384 ($480) 12,332 ($12,332) 5,125 16,063 6,823 ($348) 2,150 494 2,378 31,296 46,874 15,014 11,292 ($2,468) 93 (593) 2,170 9,984 61,828 ($5,666) 21,105 516 36,792 17,637 783 33,723 2,284 121,956 584 3,254 ($275) $2,326,941 ($31,174) (541,322) WSDOT Adj. Accepted Ref. Amount C 5,808 1,018 4,110 26,245 1,884 D 2,904 1 0 5,125 16,063 F 6,475 2,150 494 2,378 31.296 46,874 15,014 G 8,824 H 0 2.170 9.984 B 56,162 21,105 516 36,792 17,637 783 33,723 2,284 121,956 584 I 2,979 $2,295,767 $4,367,776 $4,409,098 162.44% Envirolssues, Inc. Reviewed Accepted 4/7/08 NM Envirolssues, Inc. Overhead compiled In -House by Pam Buckley, Accounting Manager. 160.92% 0 21% 0.04% 0.15% 0.97% 0.07% 0.11% 0.00% 0.19% 0 59% 0.24% 0 08% 0 02% 0 09% 1.15% 1.73% 0 55% 0.33% 0.00% 0 08% 0.37% 2.07% 0 78% 0.02% 1 36% 0 65 °4 0 03;x, 1.24% 0 08% 4 49% 0.02% 0.11`;0, 84 58% 160.92% Pale 2of3 Description Envirolssues Overhead Schedule Fiscal Year December 31, 2007 Envirolssues WSDOT Accepted F/S Amount Adj. Adj. Ref. Amount References: Envirolssues Adjustments: A Key person life insurance unallowable per 48 CFR 31.205- 19(a)(2)(vi) B Interest costs unallowable per 48 CFR 31.205 -20. C Travel costs in excess of Federal Travel Regulations unallowable per 48 CFR 31.205- 46(a)(2)(i) D Public relations and advertising costs unallowable per 48 CFR 31.205 -1(a) F Entertainment unallowable per 48 CFR 31.205 -14. F Lobbying costs unallowable per 48 CFR 31.205 -22. G Excess federal income tax preparation fees unallowable per 48 CFR 31.205- 41(h)(1), 48 CTR 31.201 -6(d), and WSDOT Overhead Policy. H Late Fees unallowable per 48 CFR 31.205 -15(a) I Miscellaneous adjustments by firm. 0 /0 Page 3 of 3 Account Title Direct Labor Overhead Expenses: FICA Unemployment Health /Accident Insurance Medical Aid Industrial Insurance Holiday/Vacation /Sick Leave Commission /Bonus /Pension Total Fringe Benefits General Overhead State B &O Taxes Insurance Administration Time Not Assignable Printing, Stationery Supplies Professional Services Travel Not Assignable Telephone Telegraph Not Assignable Fees Dues Professional Meetings Utilities Maintenance Professional Development Rent Equipment Support Office, Miscellaneous Postage Total General Overhead Total Overhead (General Fringe) Overhead Rate (Total Overhead Direct Labor) DOT Form 140 -088 EF Exhibit 0 -2 Revised 8/07 Exhibit G -3 Breakdown of Subconsultants Overhead Cost Beginning Total 1,213,052 154,464 22,195 156,232 5,565 193,376 367,638 Exhibit G -3 H1NP of Direct Labor 100.00 12.73 1.83 12.88 0.46 15.94 30.31 899,470 74.15 77,727 6.41 58,221 4.80 535,541 44.15 40,744 3.36 17,676 1.46 29,463 2.43 31,276 2.58 60,365 4.98 0 0.00 /,423 0.61 193,368 15.94 46,541 3.84 19,905 1.04 1,118,250 92.18 2,0i7,720 166.33 1.6633 1.6633 Page 1 of 1 El Local Agency Standard Consultant Agreement Architectural /Engineering Agreement Personal Services Agreement Agreement Number to -o30) Federal Aid Number SIP1,4 t_- /041 Coo Agreement Type (Choose one) Lump Sum Lump Sum Amount Cost Plus Fixed Fee Overhead Progress Payment Rate Overhead Cost Method Actual Cost Actual Cost Not To Exceed Fixed Overhead Rate Fixed Fee 3,944.73 0 Specific Rates Of Pay Negotiated Hourly Rate Provisional Hourly Rate Cost Per Unit of Work Index of Exhibits (Check all that apply): 2 Exhibit A -1 Scope of Work Exhibit A -2 Task Order Agreement Exhibit B -I DBE Utilization Certification Exhibit C Electronic Exchange of Data Exhibit D -1 Payment Lump Sum 0 Exhibit D -2 Payment Cost Plus Exhibit D -3 Payment lowly Rate Exhibit D -4 Payment Provisional 0 Exhibit E Fee Lump /Fixed /Unit Exhibit E -2 Fee Specific Rates Z Exhibit F Overhead Cost O Exhibit G Subcontracted Work Exhibit G -1 Subconsultant Fee TIIIS AGREEMENT, made and entered into this between the Local Agency of City of Tukwila Washington. hereinafter called the "AGENCY" and the above organization hereinafter called the "CONSULTANT". DOT Form 140 -089 EF Revised 3/2008 I Project Title And Work Description Southcenter Parkway Extension Construction Management Services Federal ID Number or Social Security Number 91 -1 581416 133.52 D you require a 1099 for IRS? Idompletion Date Yes No 4/1/2012 Page 1 of 8 Consultant/Address /Telephone KBA, Inc. 11000 Main Street Bellevue, WA 98004 425 455 -9720 DBE Participation day of El Management Reserve Fund 10 -038 Council Approval N/A Yes No Total Amount Authorized 35,000.00 0 Maximum Amount Payable 35,000.00 Exhibit G -2 Fee -Sub Specific Rates Exhibit G -3 Sub Overhead Cost Exhibit I1 Title VI Assurances Exhibit 1 Payment Upon Termination of Agreement Exhibit 3 Alleged Consultant Design Error Procedures Exhibit K Consultant Clain Procedures Exhibit L Liability Insurance Increase Exhibit M -1 a Consultant Certification Exhibit M -1 b Agency Official Certification 2 Exhibit M -2 Certification Primary Exhibit M -3 Lobbying Certification B Exhibit M -4 Pricing Data Certification App. 31.910 Supplemental Signature Page 2010 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 and 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 part 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 shall fiu•nish all services. labor, and related equipment necessary to conduct and complete the work as designated 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 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 work in sufficient detail so that the progress of the work can easily be evaluated. The CONSULTANT. and each SUBCONSULTANT, shall not discriminate on the 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 (DBE), 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 on Exhibit "B" attached hereto and by this reference made a part of this AGREEMENT. If the Prince CONSULTANT is a DBE firm they must comply with the Commercial Useful Function (CUE) 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." Al] 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 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. Page 2 of 8 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 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 Nvork perforated 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 saute 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 minimum amount of their sub contracted agreement that is established by the WSDOT I lighways 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 fide employee working solely for the CONSULTANT. any fee. commission, percentage. brokerage fee. gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or. in its discretion. to deduct from 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 Page 3 of 8 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 without written consent of the public employer of such person. VIII Nondiscrimination During the performance of this contract. the CONSULTANT. for itself, its assignees. 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 49.60.180 In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "11° attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "If 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 "1" 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 CONSULTANT 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 terms 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 (10 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 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 de novo judicial review. If the parties to this AGREEMENT mutually agree. disputes concerning alleged design error will be conducted under the procedures found in Exhibit "J and disputes concerning claims will be conducted under the procedures found in Exhibit "K 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 he 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. Page 5 of 8 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 indemnify 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 contractors failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms 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 injury. including death and property damage. The per occurrence amount shall not exceed one million dollars (S1,000,000). 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 oldie execution of this AGREEMENT to the AGENCY. 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 shall be limited to the amount payable under this AGREEMENT or one million (S1,000,000) dollars, whichever is the greater. unless modified by Exhibit "L lo 00 case shall the CONSULTANT'S professional liability to third parties be limited in any way. Page 6 of 8 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 provisions 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 the estimated cost of or the time required for. performance of any part of the wurk 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 terns 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 from the date of receipt of the written order. l lowever, if the AGENCY decides that the facts justify it, the AGENCY may 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. 1-lowever, 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 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 terns 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 terns and conditions thereof. Page 7 of 8 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. By By KBA`Inc. Kristen A. Betty, City of T Ti�4cri Consultant A: ncy President DOT Form 140 -089 EF Revised 3/2008 Page 8 of8 KBA, Inc. March 9, 2010 KBA, Inc. (Consultant) will provide Construction Management (CM) services to the City of Tukwila (Client), for the Project known as Southcenter Parkway Extension. 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: Construction of approximately 7,400 linear feet of Southcenter Parkway from S. 180th Street to S. 200th Street and the construction of approximately 3,000 linear feet of new sewer and water from Minkler Boulevard to S. 180th Street. Items of work include, but are not limited to, building demolition, grading, paving, HMA overlay, curb, gutter, sidewalks, storm drain system, sewer system, sewer lift station, water system, signals, illumination, landscaping, irrigation, retaining walls, and other work. This scope of services provides initial preconstruction services for the Project, and will be supplemented at a later date to provide mutually agreeable scope of services for Construction Management Services. 1. CONSTRUCTION MANAGEMENT SERVICES A. Project Management 1. Provide overall project management, coordination with the Client, monthly progress reports, and invoicing. This effort will include the following elements. a. Day -to -day project management: Liaison with Client on a regular basis to discuss 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 construction. c. Review monthly expenditures and CM team scope activities. Prepare and submit to Client, invoices and progress report describing CM services. Deliverables Monthly invoices and progress reports EXHIBIT A -1 SCOPE OF SERVICES Construction Management Services Preconstruction Phase for Southcenter Parkway Extension B. Preconstruction Services 1. Review Contract Documents to familiarize team with project requirements. Provide any noteworthy findings to Designer. 2. 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 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 S:\ Projects\ Contracts \Client\ Tukwila \10005_SouthcenterParkwayExl\ Drafts& NegotiationRecords \In- houseDrafts\ LAG_ Pre con \Ex_A -1_ Scope- PRECON(FINAL)20100310.docx 1 of 4 KBA, Inc. March 9, 2010 b. Project procedures and forms c. Document control system 3. During Bidding period: a. Attend the Pre -Bid meeting(s) and site review(s). (The Client will arrange for the meeting, and take and distribute meeting notes.) b. Assist in analyzing bidder questions, as needed. c. Assist Designer in researching and preparing Addenda, as needed. 4. Assist Client in checking and analyzing bids and bidders. 5. 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 6. Organize and aid in conducting a partnering workshop to be attended by the relevant Project stakeholders: secure meeting space, retain catering service, and secure the services of a trained partnering facilitator. Develop partnering charter. 7. Provide one set of preconstruction photographs and video. 8. Establish Field Office, including securing lease for the entire duration of the construction project, plus closeout; computer network; phones; furniture; copier /scanner; and other items needed for these. 9. Document Control. Establish document filing and tracking systems, following Client guidelines and meeting funding agency requirements. One hard copy of files will be kept in the project field office. Electronic documentation will be stored in a Project website, using SharePoint software, managed and hosted by the Consultant. 10. Public Outreach. Assist the City in the planning for a groundbreaking celebration. Deliverables Construction Management Plan, draft and final Preconstruction Conference Notice, Agenda, and Notes Preconstruction photos, digital files on CD /DVD Videotape or video file on DVD SharePoint Document Control System C. Assumptions 1. Budget a. Staffing levels are anticipated in accordance with the attached budget estimate. Supplemental assistance may be needed depending upon construction contractor's activities (number of crews and shifts). b. 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. Should additional services be needed, the Client and Consultant will negotiate a supplement to this Agreement. c. The Client will reimburse Consultant for all office costs, including lease and /or rental of space, equipment, utilities, and insurance. Costs are based on a 20 month lease, with a subsequent option for a month -to -month rental. If the office is actually occupied for a shorter period than stated in the lease /rental agreement, Client will nevertheless reimburse Consultant for all fixed costs based on a specified agreement period. S: \Projects\ Contracts \Client\ Tukwila \10005_SouthcenterParkwayExt\ Drafts &NegotialionRecords \In -house Drafts\ LAG_ Pre con \Ex_A -1_ Scope- PRECON(FINAL)20100310.docx2 of 4 KBA, Inc. March 9, 2010 d. The budget allocations shown on Exhibit E are itemized to aid in project tracking purposes only. The budget may be transferred between tasks or people, or between labor and expenses, provided the total contracted amount is not exceeded without prior authorization. 2. Items and Services Client will provide: a. Meeting arrangements and facilities for pre -bid and preconstruction meetings. b. Coordination with and enforcement of utility franchise agreements and /or contracts and schedules for services related to this Project. 3. Scope a. 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 permission and involvement of KBA. b. Review of Shop Drawings and other construction contractor submittals is not intended as an approval of the submittals if they deviate from the Contract Documents or contain errors, omissions and inconsistencies, nor is it intended to relieve the construction contractor of their full responsibility for Contract performance, nor is the review intended to ensure or guarantee lack of inconsistencies, errors, and /or omissions between the submittals and the Contract requirements. 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. c. 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. d. Development of construction schedules and /or sequencing, and /or reviewing and commenting on contractor's schedules, is for the purpose of estimating number of days to complete a project, 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. e. 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. f. Services provided by the Consultant under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances, in the same geographical area and time period. I. OPTIONAL SERVICES All services not detailed above, are considered Optional Services, which, along with any other Extra Work requested by the Client, will be performed only when a mutually negotiated Supplement to this Agreement is executed, specifying scope of services and budget. Potential Optional Services include: S: \Projects\ Contracts\ Client\ Tukwila \10005_SouthcenterParkwayExt\ Drafts& NegotiationRecords \In- houseDrafts\ LAG_ Pre con \Ex_A -1_ Scope- PRECON(FINAL)20100310.docx3 of 4 KBA, Inc. March 9, 2010 A. Provide administrative and support services during construction which are not included in the above scope of services, which may include: 1. Investigations, meetings, and negotiations with the construction contractor involving claims and legal complaints, or a significant amount of defective or rejected work. A "significant amount" would be an item that might represent more than 2.5 percent of the total contract bid amount. 2. Additional work resulting from delinquency or insolvency of the construction contractor; or as a result of damage to the construction Project caused by fire, flood, earthquake or other acts of God, all exclusive of additional work resulting from litigation. 3. Additional work resulting from strikes, walkouts, or other acts of trade or labor unions or work required to resolve disputes or goals involving minorities. Additional work resulting from significant delays or acceleration of the work by the construction contractor. 4. Assistance to legal, financial, or other consultants engaged by the Client beyond the services previously described. 5. Additional services resulting from changes in scope or design of the Project due to circumstances beyond the Consultant's control. Changes include, but are not limited to, changes in size, complexity, the schedule, character of construction, or method of financing. B. Prepare additional copies of approved drawings, specifications, and other contract documents, either for bidding purposes, or as requested by the Client. S: \Projects\ Contracts \Client\ Tukwila \10005_SouthcenterParkwayExt\ Drafts& NegotiationRecords \In- houseDrafts\ LAG_ Pre con \Ex_A -1_ Scope- PRECON(FINAL)20100310.docx4 of 4 DOT Form 140 -089 EF Exhibit C Revised 6/05 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: 1. 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 II. Any Other Electronic Files to Be Provided 11I. Methods to Electronically Exchange Data A. Agency Software Suite B. Electronic Messaging System C. File Transfers Format The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter. Such payment shall he 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 11, "Scope of Work." The CONSULTANT shall conform 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. I. 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 terns of this AGREEMENT. The CONSULTANT shall maintain support data to verify the direct salary costs billed to the AGENCY. 2. Overhead Costs: Overhead Costs are those costs other than direct costs, which are included as such on the books of the CONSULTANT in the normal everyday keeping of its hooks. Progress payments shall be made at the rate shown in the heading of this AGREEMENT under "Overhead Progress Payment Ratc." fotal overhead payment shall be based on the method shown in the heading of the AGREEMENT. The two options are explained as follows: DOT Form 140 -089 EF Exhibit D -2 Revised 6/08 Exhibit D -2 Payment (Cost Plus a Fixed Fee) a. Fixed Ratc: If this method is indicated in the heading 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 verified 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. 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, computer charges and sub consultant costs. 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 Rules 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 wh 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 Fcc, which could be authorized from the Management Reserve Fund. 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 authorization(s) shall be in writing and shall not exceed the lesser of 5100.000 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 XI V, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT. 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 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) days of notice attic 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. 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. PROJECT: Southcenter Parkway Extension DIRECT SALARY COST (DSC): Classification Est. Hours Est. Rates Est. Cost Project Manager 50 x $69.50 3,475.00 Project Advisor 0 x $77.00 Resident Engineer 171 x $40.00 6,840.00 Assistant Resident Engineer 14 x $42.70 597.80 Office Engineer 18 x $31.30 563.40 Inspector 6 x $39.40 236.40 Inspector 0 x $37.60 Inspector 0 x $34.50 Document Controls 34 x $26.00 884.00 Scheduler 5 x $76.50 382.50 Contract Specialist 5 x $34.00 170.00 TOTAL DSC 303 13,149.10 OVERHEAD (OH COST including Salary Additives) DSC x OH of 133.52% x 13,149.10 FIXED FEE (FF): DSC (only) x FF Rate of 30.0% x 13,149.10 REIMBURSABLES: Vehicles, Mileage, Reproduction, Postage, Misc. SUBCONSULTANT COSTS (See Exhibit G) (to be determined) GRAND TOTAL PREPARED BY: Mike Roberts, P.E. Date: March 9, 2010 EXHIBIT E -1 CONSULTANT FEE DETERMINATION SUMMARY SHEET (COST PLUS FIXED FEE) KBA PROJECT #10005 17,556.68 3,944.73 349.49 35,000.00 Account Title Direct Labor Overhead Expenses: FICA Unemployment Health/Accident Insurance Medical Aid Industrial Insurance HolidayNacation/Sick Leave Commission/Bonus/Pension General Overhead: Total Fringe Benefits Exhibit F Breakdown of Overhead Cost Beginning Total of Direct Labor 1,988,672.00 100.00% 239,737.00 12.06% 42,075.00 2.12% 29,207.00 1.47% 169,644.00 8.53% 280,831.00 333,827.00 16.79% 1,095,321.00 55.08% State B&O Taxes 101,186.00 5.09% Insurance 44,411.00 2.23% Administration Time Not Assignable 1,073,286.00 53.97% Printing, Stationery Supplies 20,711.00 1.04% Professional Services 14,436.00 0.73% Travel Not Assignable I 6,549.00 0.33% t Telephone Telegraph Not Assignable 34,973.00 1.76% Fees, Dues Professional Meetings 23,096.00 1.16% Utilities Maintenance 19,320.00 0.97% Professional Development 32,765.00 1.65% Rent 70,759.00 3.56% Equipment Support 37,660.00 1.89% Office, Miscellaneous Postage 80,703.00 4.06% Total General Overhead 1,559,855.00 78.44% Total Overhead (General Fringe) 2,655,176.00 133.52% Overhead Rate (Total Overhead Direct Labor) 133.52% DOT Form 140-089 EF Exhibit F Revised 6/05 The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT: Subconsultants to be determined. DOT Form 140 -089 EF Exhibit G Revised 6/05 Exhibit G Subcontracted Work 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, Part 21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non discrimination: The CONSULTANT, with regard to the work performed during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub- consultants, including procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when 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, and 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: In the event of the CONSULTANT'S non compliance with the non- discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE or the FHWA may determine to be appropriate. including, but not limited to: Withholding of payments to the CONSULTANT under 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 with, 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. Lump Sum Contracts A final payment shall be made 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 made, 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 the time of termination of this AGREEMENT. Cost Per Unit of Work Contracts A final payment shall be Evade 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 6/05 Exhibit 1 Payment Upon Termination of Agreement By the Agency Other Than for Fault of the Consultant (Refer to Agreement, Section IX) 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 claim(s) are a total of $1,000 or less, it would not be cost effective to proceed through the outlined steps. it is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for thc 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; Timcframe 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 thc 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 FHV /A is participating in thc 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 funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Highways and 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. DOT Form 140 -089 EF Exhibit K Revised 6/05 If the Agency does not agree 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 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 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 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. 2v /CO DOT Form 140 -089 EF Exhibit M -1(a) Revised 6/05 Exhibit M -1(a) Certification Of Consultant 1 hereby certify that 1 am Kristen A. Betty, President representative of the firm of KBA, Inc. 11000 Main Street, Bellevue, WA 98004 firm 1 here represent has: Date 6 77hature Project No. /D 03e, Local Agency and duly authorized whose address is and that neither 1 nor the above (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 inc 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 any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any); I acknowledge that this certificate is to be 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. 20 /O Date DOT Form 140 089 EF Exhibit M 1(b) Revised 6/05 Exhibit M -1(b) Certification Of Agency Official 1 hereby certify that 1 am the AGENCY Official of the Local Agency of City of Tukwila 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): 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 Fcderal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. 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. Exhibit M -2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters- Primary Covered Transactions 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 governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (I) (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. ll. 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 (Finn 9 2-0/0 (Date) DOT Form 140 -089 EF Exhibit M -2 Revised 6/05 KBA, Inc. (Signature) Pr sid t o thorized Official of Consultant Kristen A. -tty, President 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 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.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. Consultant (Firm): Exhibit M -3 Certification Regarding The Restrictions of The use of Federal Funds for Lobbying 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 $10.000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her hid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts which exceed 5100,000 and that all such suhrecipients shall certify and disclose accordingly. DOT Form 140 -089 EF Exhibit M -3 Revised 6/05 KBA, Inc. (Date) (Signature) Pres ent or orized Official of Consultant Kristn A. B tty, President Exhibit M -4 Certificate of Current Cost or Pricing Data This is to certify that, to the best of any knowledge and belief. the cost or pricing data (as defined in section 15.401 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 contracting officer or to the contracting officer's representative in support of Southcenter Parkway Extension are accurate, complete, and current as of March 9, 2010 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. Y r'. Firm KBA, Inc. Name Kristen A. Betty Title President Date of Execution*** h4A /a-f ?4 /0 Identify the proposal, quotation, request for price adjustment, or other submission involved, giving the appropriate identifying number (e.g., RFP No.). 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