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Reg 2026-05-04 Item 6G - Contract - Interurban Ave S Overlay Construction Management with KBA Inc for $674,180
City of Tukwila Thomas McLeod, Mayor Marty Wine, City Administrator AGENDA BILL ITEM NO. 6 G Agenda Item Sponsor David Baua.Project Manager Public Works Department Legislative History April 27.2028 Transportation & Infrastructure Services Committee May 4.2O26 Regular Meeting Consent Agenda Recommended Motion [] Oinoueeinn Only 0 Action Requested MOVE TO authorize the mayor to execute contract with KBA Inc. in the amount of$674.180.0Ofor the Interurban Avenue South Overlay Interurban Avenue South OverlayProject—Comstruction Management Contract EXECUTIVE SUMMARY The Interurban Avenue South Overlay Project viUreh8bi|it8te@pprOxim8te|y2.25mi|eSOf8rteh8| roadway that experiences heavy truck traffic and high vehicle volumes. Construction will include asphalt pavement grinding and overlay, upgrades to traffic signal detection systems, and ADA curb ramp replacements. Professional construction management services are required to ensure that the projectie delivered afhoienUy, aofe|y, and in compliance with state and federal requirements. Staff ia requesting this item beforwarded tuthe May 4thRegular Meeting Consent Agenda. DISCUSSION City staff iSSU8d @ R8OUeS1 for QU8|hiCGtODS seeking COOSUh@DL support for CODStRJCUOO Dl8O80eOO8OL. iOSp8CLiOO' Dl8t8[i@|S COOndiD81iOO, COOtn8Ct 3dOOiOiSt[8[iOD' and public OUt[HGCh for the UpCODliOg overlay project. 88ven3|firmSSubmitt8dGtGt8mn8ntGOf(]u@|ifiC8UOnS.vvhiChvv8re evaluated based 0n 8Xp8ri8OC8' staff capabilities, understanding of the project, and ability to support City Obi9C[iV8S. KB/\, Inc. was identified 8Sthe firm best suited tOsupport this project. FINANCIAL IMPACT Complete for all items with fiscal implications Disclaimer: Final terms and scope of work subject to review by the City Attorney [] Expenditure -Budgeted []ExpendiLune-Unbudgeted EXDeDddU[9S: Fund Source: $074'180 F|8venuee(ifopp|ioab|e): NHS Asset MgmntGrant $07418U ' 0 Expenditure -Grant-Funded URevenue —One-Time (e.g. aaaetao|e.aurp|ueequiprnenU ORevenue-[)nQoinQ �O - Contractor (if applicable) KB/\ Inc. Scope ofWork Construction Management Services for Interurban Overlay Project 154 Amount $674,180 Duration 12/31/2027 Additional Comments: N/A ATTACHMENTS • KBA Contract • C I P Page • WSDOT Asset Management Award Letters • Minutes from 04/27/26 Transportation & Infrastructure Services Committee Meeting - to be distributed separately https://tukwilawa.sharepoint.com/sites/clerksintranet/Council Agenda Items/04-27 TIS Committee/5. Interurban Overlay - CM Contract/Agenda Bill - KBA Contract.docx 155 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Agreement Number: Firm/Organization Legal Name (do not use dba's): KBA, INC. Address 11201 SE 8th St STE 160, Bellevue, WA 98004 Federal Aid Number NHPP 1391(004) UBI Number 601-426-427 Federal TIN 91-181416 Execution Date Completion Date 12.31.27 1099 Form Required Yes N Federal Participation ri Yes ❑ No Project Title Interurban Avenue S Overlay Description of Work Interurban avenue is an arterial varying between two lanes and five lanes. The project limits extend from approximately 100' south of East Marginal way S to 100' north of S 143rd St. The project is approximately 2.25 miles including 9 signalized intersections, 10 unsignalized intersections and numerous driveway approaches. Due to heavy vehicle traffic and high traffic volumes the asphalt pavement has deteriorated to various degrees and requires rehabilitation. Some ADA ramps and pedestrian push buttons within the project footprint appear to not meet current ADA requirements and will require replacement and/or maximum extents feasible documentation. Traffic loops within the grind and overlay limits will require replacement or upgrades to video detection. This contract will provide construction management services for the Interurban Overlay Project Yes ■ No DBE Participation Maximum Amount Payable: 674,180.00 Yes 0 No MBE Participation Yes 0 No WBE Participation El Yes ■® No SBE Participation Index of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Exhibit J Scope of Work DBE Participation Preparation and Delivery of Electronic Engineering and Other Data Prime Consultant Cost Computations Sub -consultant Cost Computations Title VI Assurances Certification Documents Liability Insurance Increase Alleged Consultant Design Error Procedures Consultant Claim Procedures Local Agency A&E Professional Services Agreement Number Ated Hourly Rate Consultant Agreement Revised 07/30/2022 Page 1 of 14 THIS AGREEMENT, made and entered into as shown in the "Execution Date" box on page one (1) of this AGREEMENT, between the City of Tukwila hereinafter called the "AGENCY," and the "Firm / Organization Name" referenced on page one (1) of this AGREEMENT, hereinafter called the "CONSULTANT." WHEREAS, the AGENCY desires to accomplish the work referenced in "Description of Work" on page one (1) of this AGREEMENT and hereafter called the "SERVICES;" and does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary SERVICES; and WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish consulting services to the AGENCY. NOW, THEREFORE, in consideration of the terms, conditions, covenants, and perfouuance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: 1. General Description of Work The work under this AGREEMENT shall consist of the above -described SERVICES as herein defined, and necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor, and related equipment and, if applicable, sub -consultants and subcontractors necessary to conduct and complete the SERVICES as designated elsewhere in this AGREEMENT. II. General Scope of Work The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit "A" attached hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed utilizing performance based contracting methodologies. III. General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress, and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days' notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the SERVICES in sufficient detail so that the progress of the SERVICES can easily be evaluated. The CONSULTANT, any sub -consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 07/30/2022 Page 2 of 141 57 Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required, per 49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will be shown on Exhibit "B" attached hereto and by this reference made part of this AGREEMENT. If the Prime CONSULTANT is, a DBE certified film they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY's "DBE Program Participation Plan" and perform a minimum of 30% of the total amount of this AGREEMENT. It is recommended, but not required, that non -DBE Prime CONSULTANTS perform a minimum of 30% of the total amount of this AGREEMENT. In the absence of a mandatory DBE goal, a voluntary SBE goal amount of ten percent of the Consultant Agreement is established. The Consultant shall develop a SBE Participation Plan prior to commencing work. Although the goal is voluntary, the outreach efforts to provide SBE maximum practicable opportunities are not. The CONSULTANT, on a monthly basis, shall enter the amounts paid to all firms (including Prime) involved with this AGREEMENT into the wsdot.diversitycompliance.com program. Payment information shall identify any DBE Participation. All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C — Preparation and Delivery of Electronic Engineering and other Data." All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring, as a part of this SERVICE, shall be without liability or legal exposure to the CONSULTANT. Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other party by (i) certified mail, return receipt requested, or (ii) by email or facsimile, to the address set forth below: If to AGENCY: If to CONSULTANT: Name: David Baus Agency: City of Tukwila Address: 6200 Southcenter Boulevard City: Tukwila State: WA Zip: 98188 Email: David.Baus@TukwilaWA.gov Phone: 206.419.1898 Facsimile: Name: Cameron Bloomer Agency: KBA Address: 11201 SE 8th St STE 160 City: Bellevue State: WA Zip: 98004 Email: CBloomer@KBACM.com Phone: 206.819.7148 Facsimile: IV. Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall conform to the criteria agreed upon detailed in the AGREEMENT documents. These SERVICES must be completed by the date shown in the heading of this AGREEMENT titled "Completion Date." The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the established completion time. Local Agency A&E Professional Services Agreement Number Ne45$ted Hourly Rate Consultant Agreement Revised 07/30/2022 Page 3 of 14 V. Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov). A. Hourly Rates: Hourly rates are comprised of the following elements - Direct (Raw) Labor, Indirect Cost Rate, and Fee (Profit). The CONSULTANT shall be paid by the AGENCY for work done, based upon the negotiated hourly rates shown in Exhibits "D" and "E" attached hereto and by reference made part of this AGREEMENT. These negotiated hourly rates will be accepted based on a review of the CONSULTANT's direct labor rates and indirect cost rate computations and agreed upon fee. The accepted negotiated rates shall be memorialized in a final written acknowledgment between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. The initially accepted negotiated rates shall be applicable from the approval date, as memorialized in a final written acknowledgment, to 180 days following the CONSULTANT's fiscal year end (FYE) date. The direct (raw) labor rates and classifications, as shown on Exhibits "D" and "E" shall be subject to renegotiations for each subsequent twelve (12) month period (180 days following FYE date to 180 days following FYE date) upon written request of the CONSULTANT or the AGENCY. The written request must be made to the other party within ninety (90) days following the CONSULTANT's FYE date. If no such written request is made, the current direct (raw) labor rates and classifications as shown on Exhibits "D" and "E" will remain in effect for the twelve (12) month period. Conversely, if a timely request is made in the manner set forth above, the parties will commence negotiations to determine the new direct (raw) labor rates and classifications that will be applicable for the twelve (12 month period. Any agreed to renegotiated rates shall be memorialized in a final written acknowledgment between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. If requested, the CONSULTANT shall provide current payroll register and classifications to aid in negotiations. If the parties cannot reach an agreement on the direct (raw) labor rates and classifications, the AGENCY shall perform an audit of the CONSULTANT's books and records to determine the CONSULTANT's actual costs. The audit findings will establish the direct (raw) labor rates and classifications that will applicable for the twelve (12) month period. The fee as identified in Exhibits "D" and "E" shall represent a value to be applied throughout the life of the AGREEMENT. The CONSULTANT shall submit annually to the AGENCY an updated indirect cost rate within 180 days of the close of its fiscal year. An approved updated indirect cost rate shall be included in the current fiscal year rate under this AGREEMENT, even if/when other components of the hourly rate are not renegotiated. These rates will be applicable for the twelve (12) month period. At the AGENCY's option, a provisional and/or conditional indirect cost rate may be negotiated. This provisional or conditional indirect rate shall remain in effect until the updated indirect cost rate is completed and approved. Indirect cost rate costs incurred during the provisional or conditional period will not be adjusted. The CONSULTANT may request an extension of the last approved indirect cost rate for the twelve (12) month period. These requests for provisional indirect cost rate and/or extension will be considered on a case -by -case basis, and if granted, will be memorialized in a final written acknowledgment. The CONSULTANT shall maintain and have accessible support data for verification of the components of the hourly rates, i.e., direct (raw) labor, indirect cost rate, and fee (profit) percentage. The CONSULTANT shall bill each employee's actual classification, and actual salary plus indirect cost rate plus fee. Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 07/30/2022 Page 4 of 141 59 A. Direct Non -Salary Costs: Direct Non -Salary Costs will be reimbursed at the actual cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges, and fees of sub -consultants. Air or train travel will be reimbursed only to lowest price available, unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the WSDOT's Accounting Manual M 13-82, Chapter 10 — Travel Rules and Procedures, and all revisions thereto. Air, train, and rental card costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205-46 "Travel Costs." The billing for Direct Non -salary Costs shall include an itemized listing of the charges directly identifiable with these SERVICES. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the STATE upon request. All above charges must be necessary for the SERVICES provided under this AGREEMENT. B. Maximum Amount Payable: The Maximum Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one (1.) The Maximum Amount Payable does not include payment for extra work as stipulated in section XIII, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT. C. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in A and B above. Detailed statements shall support the monthly billings for hours expended at the rates established in Exhibit "D," including names and classifications of all employees, and billings for all direct non -salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT's employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the SERVICES at the time of the interview. D. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the SERVICES under this AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, electronic data, and other related documents, which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. Per WSDOT's "Audit Guide for Consultants," Chapter 23 "Resolution Procedures," the CONSULTANT has twenty (20) working days after receipt of the final Post Audit to begin the appeal process to the AGENCY for audit findings E. Inspection of Cost Records: The CONSULTANT and their sub -consultants shall keep available for inspection by representatives of the AGENCY and the United States, for a period of six (6) years after receipt of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this AGREEMENT is initiated before the expiration of the six (6) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be performed by the State Auditor, WSDOT's Internal Audit Office and /or at the request of the AGENCY's Project Manager. Local Agency A&E Professional Services Agreement Number Neted Hourly Rate Consultant Agreement Revised 07/30/2022 Page 5 of 14 VI. Sub -Contracting The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit "A" attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY and sub -consultant, any contract or any other relationship. Compensation for this sub -consultant SERVICES shall be based on the cost factors shown on Exhibit "E" attached hereto and by this reference made part of this AGREEMENT. The SERVICES of the sub -consultant shall not exceed its maximum amount payable identified in each sub consultant cost estimate unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, indirect cost rate, direct non -salary costs and fee costs for the sub -consultant shall be negotiated and substantiated in accordance with section V "Payment Provisions" herein and shall be memorialized in a final written acknowledgment between the parties All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require each sub -consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With respect to sub -consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE's Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT, sub -recipient, or sub -consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the recipient deems appropriate. VII. Employment and Organizational Conflict of Interest The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this agreement. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly retired employees, without written consent of the public employer of such person if he/she will be working on this AGREEMENT for the CONSULTANT. Agreement Number: Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 07/30/2022 Page 6 of 141 6 VIII. Nondiscrimination During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub -consultants, subcontractors and successors in interest, agrees to comply with the following laws and regulations: • Title VI of the Civil Rights Act of 1964 • Civil Rights Restoration Act of 1987 (Public Law (42 U.S.C. Chapter 21 Subchapter V § 100-259) 2000d through 2000d-4a) • American with Disabilities Act of 1990 (42 • Federal -aid Highway Act of 1973 (23 U.S.C. Chapter 126 § 12101 et. seq.) U.S.C. Chapter 3 § 324) • 23 CFR Part 200 • Rehabilitation Act of 1973 • 49 CFR Part 21 (29 U.S.C. Chapter 16 Subchapter V § 794) • Age Discrimination Act of 1975 (42 U.S.C. Chapter 76 § 6101 et. seq.) • 49 CFR Part 26 • RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964,.the CONSULTANT is bound by the provisions of Exhibit "F" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "F" in every sub -contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX. Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT, plus any direct non -salary costs incurred up to the time of termination of this AGREEMENT. No payment shall be made for any SERVICES completed after ten (10) days following receipt by the CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the SERVICES required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth in paragraph two (2) of this section. If it is determined for any reason, that the CONSULTANT was not in default or that the CONSULTANT's failure to perform is without the CONSULTANT's or its employee's fault or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. Local Agency A&E Professional Services Agreement Number N4 ted Hourly Rate Consultant Agreement Revised 07/30/2022 Page 7 of 14 The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any member, partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT's supervisory and/or other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee. The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s) of this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT as set forth in the second and third paragraphs of this section. Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X. Changes of Work The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under section XIII `Extra Work." XI. Disputes Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within 10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit "J". In the event that either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. XII. Legal Relations The CONSULTANT, any sub -consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall defend, indemnify, and hold the State of Washington (STATE) and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the negligence of, or the breach of any obligation under this AGREEMENT by, the CONSULTANT or the CONSULTANT's agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 07/30/2022 Page 8 of 141 63 to defend or indemnify the STA1L and the AGENCY and their officers and employees against and hold harmless the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY, their agents, officers, employees, sub -consultants, subcontractors or vendors, of any tie , or any other persons for whom the STATE and /or the AGENCY may be legally liable; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT or the CONSULTANT's agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally liable, and (b) the STA1`E and/or AGENCY, their agents, officers, employees, sub -consultants, subcontractors and or vendors, of any tier, or any other persons for whom the STATE and/or AGENCY may be legally liable, the defense and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT's negligence or the negligence of the CONSULTANT's agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any AGREEMENT between CONSULTANT and any sub -consultant, subcontractor and vendor, of any tier. The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT's agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any use in connection with the AGREEMENT of methods, processes, designs, infoiuiation or other items furnished or communicated to STATE and/or the AGENCY, their agents, officers and employees pursuant to the AGREEMENT; provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary infoiivation, know-how, copyright rights or inventions resulting from STATE and/or AGENCY's, their agents', officers and employees' failure to comply with specific written instructions regarding use provided to STATE and/or AGENCY, their agents, officers and employees by the CONSULTANT, its agents, employees, sub - consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. The CONSULTANT's relation to the AGENCY shall be at all times as an independent contractor. Notwithstanding any deteiiuination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the CONSULTANT in the procurement of, or performance under, this AGREEMENT. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT's own employees or its agents against the STATE and/or the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. The Parties have mutually negotiated this waiver. Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable supplemental AGREEMENT, the CONSULTANT shall provide On -Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for proper construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Local Agency A&E Professional Services Agreement Number Nested Hourly Rate Consultant Agreement Revised 07/30/2022 Page 9 of 14 Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with minimum limits of one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) in the aggregate for each policy period. C. Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage for any "Auto" (Symbol 1) used in an amount not less than a one million dollar ($1,000,000.00) combined single limit for each occurrence. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance, the STATE and AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub - consultant and/or subcontractor as an additional insured (the "AIs"), with no restrictions or limitations concerning products and completed operations coverage. This coverage shall be primary coverage and non- contributory and any coverage maintained by the AIs shall be excess over, and shall not contribute with, the additional insured coverage required hereunder. The CONSULTANT's and the sub -consultant's and/or subcontractor's insurer shall waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to: Name: David Baus Agency: City of Tukwila Address: 6200 Southcenter Boulevard City: Tukwila State: WA Zip: 98188 Email: David.Baus@TukwilaWA.gov Phone: 206.419.1898 Facsimile: No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT's professional liability to the AGENCY, including that which may arise in reference to section IX "Termination of Agreement" of this AGREEMENT, shall be limited to the accumulative amount of the authorized AGREEMENT or one million dollars ($1,000,000.00), whichever is greater, unless the limit of liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT's professional liability to third parties be limited in any way. The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third party, and no third party beneficiary is intended or created by the execution of this AGREEMENT. The AGENCY will pay no progress payments under section V "Payment Provisions" until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 07/30/2022 Page 10 of 14165 XIII. Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT in the SERVICES to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the SERVICES under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an equitable adjustment in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify this AGREEMENT accordingly. C. The CONSULTANT must submit any "request for equitable adjustment," hereafter referred to as "CLAIM," under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of this AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the section XI "Disputes" clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XIV. Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XV. Federal Review The Federal Highway Administration shall have the right to participate in the review or examination of the SERVICES in progress. XVI. Certification of the Consultant and the Agency Attached hereto as Exhibit "G-1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "G-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit "G-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "G-4" Certificate of Current Cost or Pricing Data. Exhibit "G-3" is required only in AGREEMENTS over one hundred thousand dollars ($100,000.00) and Exhibit "G-4" is required only in AGREEMENTS over five hundred thousand dollars ($500,000.00.) These Exhibits must be executed by the CONSULTANT, and submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III "General Requirements" prior to its performance of any SERVICES under this AGREEMENT. XVII. Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement to this AGREEMENT. XVIII. Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and AGREEMENT's contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and conditions thereof. Local Agency A&E Professional Services Agreement Number Netted Hourly Rate Consultant Agreement Revised 07/30/2022 Page 11 of 14 XIX. Protection of Confidential Information The CONSULTANT acknowledges that some of the material and information that may come into its possession or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state, or federal statutes ("State's Confidential Information"). The "State's Confidential Information" includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles credit card information, driver's license numbers, medical data, law enforcement records (or any other information identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security data, non-public Specifications, STATE and AGENCY non -publicly available data, proprietary software, STATE and AGENCY security data, or information which may jeopardize any part of the project that relates to any of these types of information. The CONSULTANT agrees to hold the State's Confidential Information in strictest confidence and not to make use of the State's Confidential Information for any purpose other than the performance of this AGREEMENT, to release it only to authorized employees, sub - consultants or subcontractors requiring such information for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish, transfer, sell, disclose, or otherwise make it known to any other party without the AGENCY's express written consent or as provided by law. The CONSULTANT agrees to release such information or material only to employees, sub -consultants or subcontractors who have signed a nondisclosure AGREEMENT, the terms of which have been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to the State's Confidential Information. Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the AGENCY's option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State's Confidential Information; or (ii) returned all of the State's Confidential Information to the AGENCY; or (iii) take whatever other steps the AGENCY requires of the CONSULTANT to protect the State's Confidential Information. As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following: the State's Confidential Information received in the performance of this AGREEMENT; the purpose(s) for which the State's Confidential Information was received; who received, maintained, and used the State's Confidential Information; and the final disposition of the State's Confidential Information. The CONSULTANT's records shall be subject to inspection, review, or audit upon reasonable notice from the AGENCY. The AGENCY reserves the right to monitor, audit, or investigate the use of the State's Confidential Information collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or investigating may include, but is not limited to, salting databases. Violation of this section by the CONSULTANT or its sub -consultants or subcontractors may result in termination of this AGREEMENT and demand for return of all State's Confidential. Information, monetary damages, or penalties It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information, which is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing such proprietary and/or confidential information shall be clearly identified and marked as "Confidential" and shall be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT. Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 07/30/2022 Page 12 of 14167 The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT, or (b) as soon as such confidential or proprietary material is developed. "Proprietary and/or confidential information" is not meant to include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party; (iii) is independently developed by or for the other party; (iv) is publicly known; or (v) is generally utilized by unaffiliated third parties engaged in the same business or businesses as the CONSULTANT. The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a public disclosure request is made to view materials identified as "Proprietary and/or confidential information" or otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that such records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure, the AGENCY will release the requested information on the date specified. The CONSULTANT agrees to notify the sub -consultant of any AGENCY communication regarding disclosure that may include a sub -consultant's proprietary and/or confidential information. The CONSULTANT notification to the sub -consultant will include the date that such records will be released by the AGENCY to the requester and state that unless the sub -consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure the AGENCY will release the requested information. If the CONSULTANT and/or sub -consultant fail to obtain a court order or other judicial relief enjoining the AGENCY by the release date, the CONSULTANT shall waive and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages, liabilities, or costs associated with the AGENCY's said disclosure of sub - consultants' information. XX. Records Maintenance During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6) years from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain, and maintain all "documents" pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all "documents" pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT's place of business during normal working hours. If any litigation, claim, or audit is commenced, the CONSULTANT shall cooperate with AGENCY and assist in the production of all such documents. "Documents" shall be retained until all litigation, claims or audit findings have been resolved even though such litigation, claim, or audit continues past the six (6) year retention period. For purposes of this AGREEMENT, "documents" means every writing or record of every type and description, including electronically stored infoliiiation (`BSI"), that is in the possession, control, or custody of the CONSULTANT, including, without limitation, any and all correspondences, contracts, AGREEMENTs, appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten notes, reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records, work sheets, charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings, tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or telephone conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original, or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original. Local Agency A&E Professional Services Agreement Number Need Hourly Rate Consultant Agreement Revised 07/30/2022 Page 13 of 14 For purposes of this AGREEMENT, `ESP' means any and all computer data or electronic recorded media of any kind, including "Native Files", that are stored in any medium from which it can be retrieved and examined, either directly or after translation into a reasonably useable form. ESI may include information and/or documentation stored in various software programs such as Email, Outlook, Word, Excel, Access, Publisher, PowerPoint, Adobe Acrobat, SQL databases, or any other software or electronic communication programs or databases that the CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones, laptops, or any other electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any personal devices used by the CONSULTANT or any sub -consultant at home. "Native files" are a subset of ESI and refer to the electronic foiuiat of the application in which such ESI is normally created, viewed, and /or modified The CONSULTANT shall include this section XX "Records Maintenance" in every subcontract it enters into in relation to this AGREEMENT and bind the sub -consultant to its terms, unless expressly agreed to otherwise in writing by the AGENCY prior to the execution of such subcontract. In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date" box on page one (1) of this AGREEMENT. Signature Date Signature Date Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office of the Attorney General. Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 07/30/2022 Page 14 of 14169 Exhibit A Scope of Work Project No. See attached Exhibit A, Scope of Work. Local Agency A&E Professional Services Agreement Number Ne';a&Qtted Hourly Rate Consultant Agreement Revised 07/30/2021 KBA, Inc. [date] EXHIBIT A SCOPE OF SERVICES for Tukwila Interurban South Overlay KBA, Inc. (Consultant) will provide Construction Management (CM) services to City of Tukwila (Client), for the project known as Interurban Avenue S Overlay (Project). These services will include consultation, constructability review, contract administration, field observation, documentation, and material testing, as required during the construction of the Project, as detailed below. Project Description: This is an overlay and rehabilitation of Interurban Ave S. from approximately 100' south of East Marginal Way S to100' north of S 143rd St, approximately 2.25 miles. This includes 9 signalized intersections, 10 unsignalized intersections and numerous driveway approaches. This project also provides for upgrades to some ADA ramps and pedestrian push buttons that do not meet ADA requirements. Traffic loops within the grind and overlay limits will require replacement or upgrades to video detection. The Designer of Record on this Project is PSOMAS (Designer). I. CONSTRUCTION MANAGEMENT SERVICES A. Consultant Contract and Team Management: Provide overall day-to-day management of the Consultant contract and Team, including: 1. Decide on best modes and frequency of communication with Client and Designer. Liaison and coordinate with Client on a regular basis to discuss Project issues and status. 2. Manage Consultant Team, comprised of Consultant's staff and its subconsultants, if any. Organize and layout work for Consultant Team, 3. Review monthly expenditures and Consultant Team scope activities. Prepare and submit to Client monthly, an invoice and progress report describing services provided that period. Prepare and submit reporting required by funding source(s), if any. 4. Communication on Consultant contractual issues will be with the Client. Communication on day-to-day construction activities and issues will be directly between the Consultant and the Owner. The Client will be an active member of the Project Team, consulted on design issues, and will be provided with information affecting Project progress. Deliverables • Monthly invoices and progress reports • Reporting required by funding source(s), if any B. Design -Phase Constructability Review 1. Site Visit. A plans -in -hand site visit to acquaint Consultant with the Project and site. 2. Advise Designer as requested, on challenging constructability issues. 3. Constructability Reviews: Participate in Constructability reviews at the following milestones: c. 100% Stage Review CAUsers\David-BWppDala\Local\Microsoft\Windows\INetCache\ContenLoutlook\MCKLE3W3\B26139o1_Scope_v1 _JC.docx 1 of 7 171 KBA, Inc. [date] i. Final Review of 100% Plans, Project Manual/Contract Provisions and Preliminary Engineer's Estimate, prior to going to Ad. ii. Provide a Working Days estimate to advise Client of recommended number of contract Working Days for the project. Deliverables • 100% stage letter report • Work Days schedule and summary report C. Preconstruction Services 1. Review Contract Documents to familiarize team with Project requirements. 2. Prepare and facilitate a Construction Management Kickoff Meeting) for the Project. The CM Plan will be developed based on the Consultant's boilerplate document and modified to adapt to and include Client and Owner 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 Kickoff Meeting 3. will cover at least the following: a. Communication and coordination between the CM Team, Designer, Client and other stakeholders b. Project procedures and forms c. Submittal and RFI workflows 4. If requested, 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. Provide one set of preconstruction photographs. Deliverables • Construction Phase Kickoff Meeting • Preconstruction Conference Notice, Agenda, and Notes • Preconstruction photos, digital files on electronic storage medium D. Construction Phase Services — Contract Administration 1. Liaison with the Client, construction contractor, Designer, appropriate agencies, adjacent property owners, and utilities. 2. In concurrence with Progress Estimates, provide the Client with brief construction progress reports, highlighting progress and advising of issues that are likely to impact cost, schedule, or quality/scope. 3. Schedule Review: a. Review construction contractor's schedules for compliance with Contract Documents. b. Monitor the construction contractor's conformance to schedule and request revised schedules when needed. Advise Client of schedule changes. 4. Progress Meetings. Lead regular (usually weekly) progress meetings with the construction contractor, including Client pre -briefing. Prepare weekly meeting agenda and meeting notes and distribute copies to attendees. Track outstanding issues on a weekly basis. C AUsers\David-BWppData\Local\Microsoft\Windows\I NetCache\Content.outlook\MCKLE3 W3\B2613901 _Scope_v1 _JC.docx 2 of 7 172 KBA, Inc. [date] 5. Manage Submittal Process. Track and review, or cause to be reviewed by other appropriate party, work plans, shop drawings, samples, test reports, and other data submitted by the construction contractor, for general conformance to the Contract Documents. 6. Record of Materials. Prepare and maintain records of material compliance documentation received and advise Client of any known deficiencies. 7. Prepare weekly statement of working days and distribute to the Client and Contractor. 8. Manage RFI (Request for Information) process. Track and review/evaluate or cause to be reviewed/evaluated by other appropriate party, RFIs. Manage responses to RFIs. 9. Change Management. Evaluate entitlement, and prepare scope, impact, and independent estimate for change orders. Facilitate resolution of change orders. 10. Monthly Pay Requests. Prepare monthly progress estimates for payment. Review payment requests submitted by construction contractor for comparison and reconcile differences. Review with Client and construction contractor and recommend approval, as appropriate. a. Evaluate construction contractor's Schedule of Values for lump sum items. Review the Contract Price allocations and verify that such allocations are made in accordance with the requirements of the Contract Documents. 11. Notify construction contractor of work found in noncompliance with the requirements of the contract. 12. Assist the Client in the investigation of malfunctions or failures observed during construction. 13. Public Information. Provide information for Client to prepare media communications and public notices on Project status. Provide information for Client's inclusion into a Project website and/or newsletter, if requested. 14. Record Drawings. Review not less than monthly, the construction contractor's redline set of contract plans. Maintain a CM Team set of conformed drawings tracking plan changes, location of discovered anomalies and other items, as encountered by Consultant Team. Use these markups to check the progress of the Contractor -prepared Record Drawings. 15. Document Control. Establish and maintain document filing and tracking systems that meet the funding agency requirements. Collect, organize, and prepare documentation on the Project. a. Electronic documentation will be stored in a Project Website, using Autodesk Forma (Forma), managed and hosted by the Consultant. The Client will be provided with licenses for their and the construction contractor's use of the Forma website during the Project. Consultant will provide training sessions for the Client and construction contractor users of the Forma website, and ongoing support, as needed. b. The Forma Project website will transition to "read-only" access upon expiration of the Agreement, or upon project completion and transfer of final records, whichever occurs first. The transfer of final records will include a digital copy of the files stored on the Forma Project website. Access to the Forma website will expire 60 days after the transference of final records. 16. Project Closeout. If requested, prepare or assist with preparation of Certificate Letters of Substantial, Physical, and Final Completion for Client approval and signature, to include punch list. Prepare final pay estimate for Client approval and processing. 17. Final Records. Compile and convey final Project records, transferring to the Client for its archiving at final acceptance of the Project. Should Consultant's work end prior to full completion of the Project, its records will be transferred to the Client prior to departure from the Project. Records will be on electronic storage medium. Deliverables C AUsers\David-BWppData\Local\Microsoft\Windows\I NetCache\Content.Cutlook\MCKLE3 W3\B2613901 _Scope_v1 _JC.docx 3 of 7 173 KBA, Inc. [date] • Schedule Review Comments • Meeting Agendas and Notes • Submittal Log • Record of Materials • RFI Log • Change Order(s) • Progress Pay Requests • Certificate Letters of Completion • Final records — hard copy and electronic E. Construction Phase Services — Field 1. Observe the technical conduct of the construction, including providing day-to-day contact with the construction contractor, Client, utilities, and other stakeholders, and monitor for adherence to the Contract Documents. The Consultant's personnel will act in accordance with Sections 1-05.1 and 1-05.2 of the WSDOT/APWA Standard Specifications. 2. Observe material, workmanship, and construction areas for compliance with the Contract Documents and applicable codes. Advise the Client of any non -conforming work observed during site visits. 3. Prepare Inspector Daily Reports (IDRs), recording the construction contractor's operations as actually observed by the Consultant; includes estimated quantities of work placed that day, contractor's equipment and crews, photos of work performed, and other pertinent information. 4. Interpret Construction Contract Documents, in coordination with Designer. 5. Evaluate and report to Client issues that may arise as to the quality and acceptability of material furnished, work performed, and rate of progress of work performed by the construction contractor. 6. Establish communications with adjacent property owners. Respond to questions from property owners and the general public. 7. Coordinate with permit holders on the Project to monitor compliance with approved permits, if applicable. 8. Prepare field records, daily reports of force account worked, and other payment source documents to help facilitate administration of the Project in accordance with funding agency requirements. 9. Attend and actively participate in regular on -site meetings. 10. Take periodic digital photographs during the course of construction 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. 11. 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 • IDRs with Project photos — submitted on a weekly basis • Field Note Records and Daily Reports of Force Account Worked • Additional Project photos not included in IDRs • Punch List(s) • Test reports CAUsers\David-BWppDala\Local\Microsoft\Windows\INetCache\Content.Outlook\MCKLE3W3\B2613901_Scope_v1 _JC.docx 4 of 7 174 KBA, Inc. [date] F. Assumptions 1. Budget: a. Staffing levels are anticipated in accordance with the attached budget estimate. This estimate is intended to span the originally planned construction duration of 126 contractor working days, plus time allotted for the 100% Constructability Review and Project setup and closeout. b. Consultant will work up to the limitations of the authorized budget. If additional budget is needed to cover instances, including but not limited to the following, Client and Consultant will negotiate a Supplement to this Agreement: i. The contractor's schedule requires inspection coverage of extra crews and shifts. ii. The construction contract runs longer than the time period detailed above. iii. Any added scope tasks. iv. Adjustment of Consultant Indirect Cost Rate (ICR) percentage pursuant to the terms as outlined in Section V of the LAG Agreement. c. The work is anticipated to be performed during daytime hours. Should night work be necessary, a 15 percent differential for labor will be applied to all night shift hours worked by Consultant's employees. d. The budget allocations shown in Exhibit B are itemized to aid in Project tracking purposes only. The budget may be transferred between tasks or people, or between labor and expenses, provided the total contracted amount is not exceeded without prior authorization. e. The budget assumes that Consultant's standard forms, logs, and processes will be used on the Project Forma website. Any customization to meet specialized Client requirements will be Extra Work. f. Should Consultant's level of effort extend beyond the time period detailed in the attached Exhibit B - Estimate, and into a new year, labor rates will adjust annually on January 1, with 30-day written notice to Agency. 2. Items and Services Client will provide and maintain: a. Meeting arrangements and facilities for pre -bid and preconstruction meetings. Prepare and distribute meeting notes from pre -bid meeting(s), if any. b. Office for the Resident Engineer and Inspector, including: i. Workstations for 2 staff: 1. Desk (48" L x 24" W accepted, 60" L x 24" W preferred) 2. Ergonomic chair with five -leg stable base, adjustable height, lumbar support and adjustable arm rests ii. Use of a combination printer/copier/scanner machine with these capabilities: 11x17 size, color, and of business quality iii. Internet connectivity that supports a download speed of at least 500Mbps, and minimum upload speed of 50 Mbps connectivity iv. utilities and sanitary facilities c. Retain Engineer of Record for shop drawing review, RFIs, design changes, and final record drawings. d. Coordination with and enforcement of utility franchise agreements and/or contracts and schedules for services related to this Project. e. Verify that the required permits, bonds, and insurance have been obtained and submitted by the construction contractor. Obtain all permits not required to be provided by construction contractor. CAUsers\David-BWppDala\Local\Microsoft\Windows\INetCache\ContenLoutlook\MCKLE3W3\B2613901_Scope_v1 _JC.docx 5 of 7 175 KBA, Inc. [date] f. Construction Survey. Provide project control survey and staking that is not already assigned to the construction contractor. 3. Scope: a. The Autodesk Forma Project website being used for this Project is proprietary to the Consultant (KBA, Inc.), and may not be used by any other party or on any other project without the written permission and involvement of KBA, Inc. b. Constructability Review of design documents will be for constructability, for general conformance with the design concept, and for contradictions and inconsistencies between the various parts of the design documents. This review will not include review of the accuracy or completeness of details, such as quantities, dimensions, weights, gauges, or fabrication processes; and will not include quantity takeoffs. c. Consultant will provide observation services for the days/hours that its' Inspector(s) personnel is/are on -site. The Inspector(s) will not be able to observe or report construction activities, or collect documentation, during the time they are not on -site. d. 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. e. Definitions and Roles. The use of the term "inspect" in relation to Consultant services is synonymous with "construction observation," and reference to the "Inspector" role is synonymous with "Field Representative," and means: performing on -site observations of the progress and quality of the Work and determining, in general, if the Work is being performed in conformance with the Contract Documents; and notifying the Client if Work does not conform to the Contract Documents or requires special inspection or testing. Where "Specialty Inspector" or "specialty inspection" is used, it refers to inspection by a Building Official or independent agent of the Building Official, or other licensed/certified inspector who provides a certified inspection report in accordance with an established standard. f. Review of Shop Drawings, samples, and other submittals will be for general conformance with the design concept and general compliance with the requirements of the contract for construction. Such review will not relieve the Contractor from its responsibility for performance in accordance with the contract for construction, nor is such review a guarantee that the work covered by the shop drawings, samples and submittals is free of errors, inconsistencies or omissions. Any opinions of probable construction cost provided by the Consultant will be on the basis of experience and professional judgment. However, since Consultant has no control over competitive bidding or market conditions, the Consultant cannot and does not warrant that bids or ultimate construction costs will not vary from these opinions of probable construction costs. h. Quantity takeoffs and calculated quantities are for the purpose of comparing with Designer's and/or bidders' quantities and are not a guarantee of final quantities. i. Development of construction schedules and/or sequencing, and/or reviewing and commenting on contractor's schedules, is for the purpose of estimating number of days to complete a project, for identifying potential schedule and coordination challenges, and determining compliance with the construction contract. It is not a guarantee that a g. CAUsers\David-BWppDala\Local\Microsoft\Windows\INetCache\ContenLoutlook\MCKLE3W3\B2613901_Scope_v1 _JC.docx 6 of 7 176 KBA, Inc. [date] J• construction contractor will complete the Project in that sequence or timeline, as means and methods are the responsibility of the construction contractor. 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. k. RCW 4.24.115 is applicable to Consultant's services provided under this Agreement. I. Consultant's insurance carrier provides coverage on ISO equivalent endorsement forms. m. 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. n. Nothing in the Agreement is intended to create, nor shall it be construed to create, a fiduciary duty owed by either party to the other. Consultant makes no warranties, guarantees, express or implied, under this Agreement or otherwise in connection with Consultant's services. o. Client agrees that Consultant will not be held liable for the completeness, correctness, readability, or compatibility of any electronic media submitted to Client, after an acceptance period of 30 days after delivery of the electronic files, because data stored on electronic media can deteriorate undetected or can be modified without Consultant's knowledge. p. Consultant will not be liable for any damage to the field office premises or utilities provided by Client, unless caused by Consultant's own negligence. q. To comply with Article XIX. Protection of Confidential Information of the LAG Agreement, Prime Consultant shall maintain a log documenting the following: the State's Confidential Information received in the performance of this AGREEMENT; the purpose(s) for which the State's Confidential Information was received; who received, maintained and used the State's Confidential Information; and the final disposition of the State's Confidential Information r. Regarding Article XIX. Protection of Confidential Information, of the LAG Agreement, KBA will perform services under the following assumptions, and such assumptions are assumed acceptable to the AGENCY and the STATE: The AGENCY and/or the STATE will identify each and any item considered to be "State's Confidential Information" as "confidential", as detailed below. Any information received by CONSULTANT that is not so labeled, will be assumed by CONSULTANT to not be "State's Confidential Information". CONSULTANT will return all items pre -identified as State's Confidential Information to the AGENCY, and will not be required to take any other steps to protect that information. II. OPTIONAL SERVICES All services not detailed above, are considered Optional Services, which, along with any other Extra Work requested by the Client, will be performed only when a mutually negotiated Supplement to this Agreement is executed, specifying scope of services and budget. CAUsers\David-BWppDala\Local\Microsoft\Windows\INetCache\ContenLoutlook\MCKLE3W3\B26139o1_Scope_v1 _JC.docx 7 of 7 177 Exhibit B DBE Participation Plan In the absents of a mandatory DBE goal, a voluntary SBE goal amount of ten percent of the Consultant Agreement is established. The Consultant shall develop a SBE Participation Plan prior to commencing work. Although the goal is voluntary, the outreach efforts to provide SBE maximum practicable opportunities are not. There is no contractual SBE/DBE goal assigned. In accordance with our corporate SBE plan, KBA has reviewed the contract for opportunities to utilize SBE subconsultants, and identified materials testing and special inspections, as well as any additional public outreach if the City desires. KBA will utilize SBE HWA GeoSciences for all materials testing/special inspection needs, and CivilAir Engineers for additional public outreach. This may or may not total 10%. Local Agency A&E Professional Services Agreement Number Ne 7&ated Hourly Rate Consultant Agreement Revised 07/30/2021 Exhibit C Preparation and Delivery of Electronic Engineering and Other Data In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is to use in preparing electronic files for transmission to the agency. The format and standards to be provided may include, but are not limited to, the following: 1. Surveying, Roadway Design & Plans Preparation Section A. Survey Data N/A B. Roadway Design Files N/A C. Computer Aided Drafting Files N/A Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 07/30/2021 1l9 D. Specify the Agency's Right to Review Product with the Consultant See Scope of Work, Exhibit A E. Specify the Electronic Deliverables to Be Provided to the Agency See Scope of Work, Exhibit A F. Specify What Agency Furnished Services and Information Is to Be Provided See Scope of Work, Exhibit A Local Agency A&E Professional Services Agreement Number Neted Hourly Rate Consultant Agreement Revised 07/30/2021 II. Any Other Electronic Files to Be Provided See Scope of Work, Exhibit A M. Methods to Electronically Exchange Data See Scope of Work, Exhibit A Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 07/30/2021 181 A. Agency Software Suite See Scope of Work, Exhibit A B. Electronic Messaging System See Scope of Work, Exhibit A C. File Transfers Format See Scope of Work, Exhibit A Local Agency A&E Professional Services Agreement Number Neted Hourly Rate Consultant Agreement Revised 07/30/2021 Exhibit D Prime Consultant Cost Computations See attached: - Cost computations - Billing Rates - ICR letter Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 07/30/2021 183 1 Tukwila Interurban Ave S Overlay City of Tukwila Hours Estimate EXHIBIT B - Page 2 4/19/2016 KBA HOURS PROJECT DURATION: WORKING DAYS: Paul Garrett Cameron Bloomer Jill Carter T1i5 J '$ d1U§i1Tt9$ Resident Engineer Inspector Project Controls Sr Project Controls �7A ;,'; 9OJ $Id 4notruot8o n W Tyler Davis Tyler Davis - N5 Joe Reed Principal -in -Charge Project Manager Project Analyst Tyler Davis Joe Reed Jay Montane, Erica Dougherty Joe Reed - NS Resident Engineer Resident Engineer - NS Inspector Inspector - NS Mono Project Controls Sr. Project Controls SUBCONSULTANTS Firm Na1Re �k- EXPENSES Description SUV4 Door Assumes 6% Annual Escalatio S.ecial Use 4 Door SUV Assumes 6%Annual Escalatio ESTIMATED PROJECT TOTAL TAsg. "O`I.Oc, ?, Paul Garrett Cameron Bloomer Jill Carter Tyler Davis Joe Reed Jay Montane, Erica Dougherty Principal -in -Charge Project Manager Project Analyst comity Resident Engineer Inspector Project Controls Sr Project Controls TASK ,',,,r03, Cone$net1hn Manage Tyler Davis Tyler Davis - NS Joe Reed Joe Reed - NS TAsK Jay Montane, Erica Dougherty Subtotal Direct Salary Cost Resident Engineer Resident Engineer- NS Inspector Inspector - NS Project Controls Sr. Project Controls Total Overhead Cost at Home Rate Total Overrhead Cost at Field Rate 5ub al OS Total Fee For Profit Home Staff @12% DSC+0H Total Fee for Profit Field Staff @ 12% DSC+OH Subtotal Fee for Profit Total Loaded tabor Cost KBA Invoice N. Esti sated Estimated Estimated Estimated Estimated Estimated ;'rrdnMsl8W lrt?03 pt1' ';1' Cr'q,t�H560pto'Y 9odraf9�i,;1 jT;s d'�GL»iM'I KOMPIEDI $ 9077 $ 11,463 3,140.50 10,16640 2,89690 13,80000 2,795 20 2,01600 121S00 77,235.00 1,44900 83,60094 3,37520 5,134 S0 6,3949 72,609 240,439 14,420 48,737 20,540 64,215 JUL AUG SEP OCT NOV DEC 2026 2026 2026 2026 2026 2026 21 21 23 18 22 47 70 75 176 168 168 184 144 176 12% 12% 12M, 10% 710 0% z1 28 zo 18 10 JUL 2026 $ 5000 $ 2,400 AUG 2026 $ 7,500 SEP 2026 500 600 OCT NOV 2026 2026 DEC 2026 $ 7,400 $ 7,500 $ 14,100 $ 5,215 $ - $ - JUL AUG SEP OCT NOV DEC 2026 2026 2026 2026 2026 2026 45.70 368.74 $ 1,452 $ 1,733 $ 714 $ 3,185 $ 7,452 $ 7,733 90 862 MEM $ 3,185 $ 3,452 $ 1,572 $ 69 JUL AUG SEP OCT NOV DEC 2026 220 768 77 $ 6,000 $ 1,677 $ 1,512 $ 405 $ 3,000 4 $ 2,795 $ 630 $ 24 2026 2026 220 768 77 $ G30 $ 648 $ 17,427 $ 28,180 7.75 $ 84 $ 220 $ 768 $ 177 $ 630 $ 648 28.180 2026 2026 2026 $ 220 $ 68 $ 7 $ 630 $ 729 $ 220 $ 768 $ 177 $ $ 6,600 $ 6,149 $ 630 $ 648 $ 110 $ 92 4 77 S 30440 S 15,192 5 $ 40 85 600 41 4 979 $ 871 $ 26,170 $ 41,085 $ 41,085 5 44,370 $ 22,234 $ 3,527 $ 1,705 $ 74 $ 7,57 $ 765 $ 8 $ 5,232 $ 8,313 $ 8,313 $ $ 48,829 $ 77,578 $ 77,578 $ $ 714 $ 7,400 $ 3,185 $ 7,500 85 4.100 4 74 75 849 8,978 5 4,492 S 371 83,789 $ 41,978 $ 3,461 $ 3,4 $ 5,215 $ 56,943 $ 88,263 $ 94,863 $ $ 1,57 4 - 92,456 S 43490 $ 3,530 Estimated Estimated Estimated Estimated Estimated Esti rated Estimated Estimated Estimated JAN FEB MAR 2027 2027 2027 21 20 22 168 0% 8 75 160 0% 8 75 176 0% 8 APR 2027 22 176 7% 16 16 16 230 8 88 0 MAY JUN JUL 2027 2027 2027 20 21 21 105 126 160 12% 306 80 9 40 168 123 283 2 8 768 1% 152 80 40 AUG SEP 2027 2027 22 176 a 168 12% -_ 0 0 JAN 2027 FEB 2027 MAR 2027 APR 2027 $ 8,000 MAY 2027 2,500 JUN 2027 $ 9,500 JUL 2027 AUG 2027 SEP 2027 $ 8,000 $ 12,500 $ 9,500 $ - $ - $ JAN FEB MAR APR MAY JUN JUL AUG SEP 2027 2027 2027 2027 2027 2027 2027 2027 2027 73 $ 806 $ 879 $ 642 �®� $ 1,173 $ 1,749 $ 1,64 $ 73 $ 73 $ 1,979 $ 2,629 $ 2,411 $ 1,124 $ - JAN FEB MAR APR MAY JUN JUL AUG SEP 2027 630 028 $ 914 2027 $ 630 4 - 4 - $ 170 $ 028 4 914 2027 $ 630 4 - $ 1,028 $ 914 2027 $ 6,930 $ 8,805 2027 9 0948 2027 $ 6,615 4 - 2 32 2027 $ 6,300 3 2,935 $ 2027 $ 2027 1111111111 $ 1,942 $ 1,942 $ 1,942 $ 25,874 $ 34.865 $ 204 $ 185 $ 04 $ 185 $ 204 $ 185 $ 60 $ 4,629 $ 778 $ 6,273 $ 31,408 $ $ 778 $ 5,573 $ 389 $ 5 3,634 $ $ 389 $ 3,634 $ $ 73 389 $ 5232 $ 3,634 $ 73 4 - $ 48,830 $ $ 1,979 $ 8000 7,057 65804 $ 2629 500 $ 3,708 $ 3,708 $ 3,708 $ 58,808 $ 80,933 17,414 $ - $ - 797 2,717 $ 6,350 S 3,513 $ - $ - $ 59,266 $ 32,790 $ $ $ 24 $ 9,500 $ 71,177 $ 33,914 S - 4 Billing Rate and Fee Schedule DSC Rates - Effective 1/1/26 through 6/30/26 KBA Rates for Field Office Staff KBA, Inc. 11201 SE 8th Street - Suite 160 Bellevue, WA 98006 M-6 M-5 M-4 M-3 M-2 M-1 E-8 E-7 E-6 E-5 E-4 E-3 E-2 E-1 T-8 T-7 T-6 T-5 T-4 T-3 T-2 T-1 P-8 P-7 P-6 P-5 P-4 P-3 P-2 P-1 A-7 A-6 A-5 A-4 A-3 A-2 A-1 PERSONNEL CLASSIFICATION Manager VII Manager VI Manager V Manager IV Manager III Manager II Manager) Engineering / Professional VIII Engineering / Professional VII Engineering / Professional VI Engineering / Professional V Engineering / Professional IV Engineering / Professional III Engineering / Professional II Engineering / Professional I Technical Representative VIII Technical Representative VII Technical Representative VI Technical Representative V Technical Representative IV Technical Representative III Technical Representative II Technical Representative I Project Controls VIII Project Controls VII Project Controls VI Project Controls V Project Controls IV Project Controls III Project Controls II Project Controls I Administrator VII Administrator VI Administrator V Administrator IV Administrator III Administrator II Administrator I $275.00 $215.00 $175.00 $140.00 $130.00 $120.00 $110.00 $145.00 $115.00 $105.00 $95.00 $90.00 $80.00 $60.00 $ 50.00 $120.00 $110.00 $105.00 $95.00 $85.00 $70.00 $60.00 $41.00 $115.00 $110.00 $100.00 $92.00 $85.00 $70.00 $ 55.00 $41.00 $105.00 $85.00 $75.00 $65.00 $ 55.00 $45.00 $38.00 $399.14 $312.05 $254.00 $203.20 $188.68 $174.17 $159.65 $210.45 $166.91 $152.40 $137.88 $130.63 $116.11 $87.08 $72.57 $174.17 $159.65 $152.40 $137.88 $123.37 $101.60 $87.08 $ 59.51 $166.91 $159.65 $145.14 $133.53 $123.37 $101.60 $ 79.83 $ 59.51 $152.40 $123.37 $108.86 $94.34 $ 79.83 $65.31 $55.15 $80.90 $63.25 $51.48 $41.18 $38.24 $35.30 $32.36 $42.65 $33.83 $30.89 $27.95 $26.48 $23.53 $17.65 $14.71 $35.30 $32.36 $30.89 $27.95 $25.00 $20.59 $17.65 $12.06 $33.83 $32.36 $29.42 $27.06 $25.00 $20.59 $16.18 $12.06 $30.89 $25.00 $22.06 $19.12 $16.18 $13.24 $11.18 $755 $590 $480 $384 $357 $329 $302 $398 $316 $288 $261 $247 $220 $165 $137 $329 $302 $288 $261 $233 $192 $165 $113 $316 $302 $275 $253 $233 $192 $151 $113 $288 $233 $206 $178 $151 $124 $104 Note: (1) Billing rates shall equal actual (DSC + Overhead) ` Fee for Profit (2) DSC ranges shown are etfective January 1, 2026 -June 30, 2026 . OH(ICR) Rate may adjust annually with new WSDOT audit letter. (3) 15% differential applied for Night Shift work. (4) Time -and -a -half applied for non-exempt staff working more than 40 hours/week. (5) For multi -year agreements, DSC Max ranges noted above escalate annually on January 1 with 30 days notice. DIRECT NON -SALARY REIMBURSABLES EXPENSE TYPE Subconsultants Cost Field Equipment & Supplies (valued over $100), Reprographics, Couriers Cost Project Assigned SUV (compact & full size pickup truck rates provided upon request). Rates quoted include sales tax which will be applied upon invoicing. $g 32 /Hour, Plus Tax Lodging & Per Diem Per WSDOT Travel Directives THIS INFORMATION IS CONFIDENTIAL AND PROPRIETARY TO KBA, INC. 185 Billing Rate and Fee Schedule DSC Rates - Effective 1/1/26 through 6/30/26 KBA Rates for Home Office Staff KBA, Inc. 11201 SE 8th Street - Suite 160 Bellevue, WA 98006 M-/ M-6 M-5 M -4 M-3 M-2 M-1 E-8 E-7 E-6 E-5 E-4 E-3 E-2 E-1 T-8 T-7 T-6 T-5 T-4 T-3 T-2 T-1 P-8 P-7 P-6 P-5 P-4 P-3 P-2 P-1 A-7 A-6 A-5 A-4 A-3 A-2 A-1 PERSONNEL CLASSIFICATION Manager VII Manager VI Manager V Manager IV Manager III Manager II Manager I Engineering / Professional VIII Engineering / Professional VII Engineering / Professional VI Engineering / Professional V Engineering / Professional IV Engineering / Professional III Engineering / Professional II Engineering / Professional I Technical Representative VIII Technical Representative VII Technical Representative VI Technical Representative V Technical Representative IV Technical Representative III Technical Representative II Technical Representative I Project Controls VIII Project Controls VII Project Controls VI Project Controls V Project Controls IV Project Controls III Project Controls II Project Controls I Administrator VII Administrator VI Administrator V Administrator IV Administrator III Administrator II Administrator I $275.00 $ 215.00 $175.00 $140.00 $130.00 $120.00 $110.00 $145.00 $115.00 $105.00 $95.00 $90.00 $80.00 $60.00 $50.00 $120.00 $110.00 $105.00 $95.00 $85.00 $70.00 $60.00 $41.00 $115.00 $110.00 $100.00 $92.00 $85.00 $70.00 $55.00 $41.00 $105.00 $85.00 $75.00 $65.00 $55.00 $45.00 $38.00 $419.84 $328.24 $267.17 $213.74 $198.47 $183.20 $167.94 $221.37 $175.57 $160.30 $145.04 $137.40 $122.14 $91.60 $76.34 $183.20 $167.94 $160.30 $145.04 $129.77 $106.87 $91.60 $62.59 $175.57 $167.94 $152.67 $140.46 $129.77 $106.87 $83.97 $62.59 $160.30 $129.77 $114.50 $99.24 $83.97 $68.70 $58.01 $83.38 $65.19 $53.06 $42.45 $39.42 $36.38 $33.35 $43.96 $34.87 $31.84 $28.80 $27.29 $24.26 $18.19 $15.16 $36.38 $33.35 $31.84 $28.80 $25.77 $21.22 $18.19 $12.43 $34.87 $33.35 $30.32 $27.89 $25.77 $21.22 $16.68 $12.43 $31.84 $25.77 $22.74 $19.71 $16.68 $13.64 $11.52 $778 $608 $495 $396 $368 $340 $311 $410 $325 $297 $269 $255 $226 $170 $141 $340 $311 $297 $269 $241 $198 $170 $116 $325 $311 $283 $260 $241 $198 $156 $116 $297 $241 $212 $184 $156 $127 $108 Note: (1) Billing rates shall equal actual (DSC + Overhead) x Fee for Profit (2) DSC ranges shown are effective January 1, 2026 - June 30, 2026 . OH(ICR) Rate may adjust annually with new WSDOT audit letter. (3) 15% differential applied for Night Shift work. (4) Time -and -a -half applied for non-exempt staff working more than 40 hours/week. (5) For multi -year agreements, DSC Max ranges noted above escalate annually on January 1 with 30 days notice. DIRECT NON -SALARY REIMBURSABLES EXPENSE TYPE ...........................:.....................................:..:........................:....................................................:.................:............................................................:...............................................:...........:...................................................................... Subconsultants Cost Field Equipment & Supplies (valued over $100), Reprographics, Couriers Cost Project Assigned SUV (compact & full size pickup truck rates provided upon request). Rates quoted include sales tax which will be applied upon invoicing. $8 32 /Hour, Plus Tax Lodging & Per Diem Per WSDOT Travel Directives THIS INFORMATION IS CONFIDENTIAL AND PROPRIETARY TO KBA, INC. 186 Printed 4/20/2026 Development Division Contract Services Office P© Box 47408 Olympia, WA 98504-7408 7345 Linderson Way SW Tumwater, WA 98501-6504 TTY:1-800-83343388 www.wsdot.wa.gov April 22, 2025 KBA, Inc 11201 SE 8th Street, Suite 160 Bellevue, WA 98004 Subject: Acceptance FYE 2024 ICR — Risk Assessment Review Dear Andy Jones: Based on Washington State Department of Transportation's (WSDOT) Risk Assessment review of your Indirect Cost Rate (ICR), we have accepted your proposed FYE 2024 ICR of 1.52.67% and 145.14% of direct labor for Home and Field office. This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with your firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 704-6397 or via email consultantrates(&wsdot.wa.gov. Regards, Schazie tcv'-vei' Schatzie Harvey (Apr 22, 2025 12:32 P©Y SCHATZIE HARVEY, CPA Contract Services Manager SH: kb 187 Exhibit E Sub -consultant Cost Computations If no sub -consultant participation listed at this time. The CONSULTANT shall not sub -contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. Refer to section VI "Sub -Contracting" of this AGREEMENT. HWA GeoSciences*: $60,215 CivilAir*: $4,000 *Denotes SBE firm. Local Agency A&E Professional Services Agreement Number Neted Hourly Rate Consultant Agreement Revised 07/30/2021 Project Cost Estimate Inspection & Testing Tukwila Interurban Ave S Overlay Tukwila, WA Prepared For: Cameron Bloomer P.E. GE) ' ENCES f NC DBE/MWBE HWA Ref: 2026-066 Date: 17-Apr-26 Prepared By: LM/BKH PROPOSED WORK SCOPE: This cost estimate is based on plans and specifications provided by Client. 1. Sampling and acceptance/Proctor testing of CSTC for use in utility trench backfill, and roadway/sidewalk construction. 2. Inspection and testing of compacted aggregates for utility trenches, roadway/sidewalk subgradc, and ADA ramp construction. 3. Sampling of concrete aggregate for acceptance testing. 4. Concrete sampling for pole foundations and driveways. 5. Sampling of HMA aggregate for acceptance and oil at the plant for ignition oven correction factor. 6. Sampling and testing HMA during paving for Rice density, extraction and gradation (minimum: one test sample per 800 tons). 7. Inspection and testing of HMA placement and compaction (minimum: one test per 80 tons). 8. Written field reports will be prepared for all inspections and reviewed for QC. Material Testing - ESTIMATED HWA LABOR: Scope of Services 2026 PERSONNEL & BILLING RATES GeoEng Vlll $110.00 GeoEng 11 $50.00 Geol VII $78.00 Geol 11 $42.00 Contracts $60.00 TOTAL HOURS TOTAL AMOUNT 4ggregatemnspection nnrlTesting including; Sampling of CSTC at WSDOT intervals (assume 2 sources) Inspection and Testing of full -depth repair areas (2 visits Inspectio and Testing of compacted aggregates for roadway/sidewalk construction (2 visits) Inspeetznn and Testing, Inc Inspection and Testing during HMA permanent trench patching (4 visits) Inspection and Testing during HMA Roadway/Overlay (10 visits) HMA Oven Ignition Correction Sampling of Aggregate and Oil (2 mixes x 1 source) HMA Sampling at Batch Plant (13 ps) Concrete hive and Testing, including. Sampling of concrete aggregates at WSDOT intervals PPB Foundations (3 visits, plus pickups) Driveways (2 visits, plus pickups) Geotee nice[ Observation/ eet Mani Pavernent/Subgrade Evaluations (2 visits) QA Review, PM, Reporting, Submittal Reviews, and Report Distribution 4 16 12 12 12 32 80 4 39 4 18 12 4 8 12 12 32 80 4 39 4 18 12 16 20 $336 $504 $504 $1,344 $3,360 $168 $1,638 $168 $756 $504 $800 $1,616 DIRECT SALARY COST 4 16 12 221 4 257 $11,698 T„kw„, A„, S - 4-17-2026 189 LABORATORY TESTING SUMMARY: Est. No. Tests Unit Cost Total Cost Acceptance Testing for CSTC (GS, SE, Fracture) - assume 2 sources 2 $395 $790 Acceptance Testing Concrete Aggregates (GS) - 2 mixes x 1 source x 2 aggregates 4 $205 $820 Proctor Tests on all Materials to be Compacted 2 $330 $660 Concrete Compressive Strength Cylinders (assume 5 sets x 4 cylinders each set) 20 $55 $1,100 HMA Aggregate Testing (FF, SE, Unc. Voids) (at WSDOT sampling intervals) 7 S355 $2,485 HMA Oven Correction Factor (2 mixes x 1 source; 3 burns per OCF) 2 $625 $1,250 HMA: Rice Density, Extraction/Gradation 17 $800 $13,600 TOTAL LABORATORY TESTING: ESTIMATED DIRECT EXPENSES: Mileage to Job Site IRS Rate 0.725/mile, assume 26 trips $1,260 Mileage for Sampling Aggregates and HMA at Sources $780 Nuclear Gauge Rental (Soil @ $60; Thin Lift @ $75): 18 days $1,290 TOTAL DIRECT EXPENSES: $3,330 (ESTIMATED PROJECT TOTALS AND SUMMARY: Direct Salary Cost (DSC) OH @ 1.7928 * DSC FF @ 30% * (DSC) Total Labor Cost $36,180 Laboratory Testing $20,705 Direct Expenses $3,330 ESTIMATED TASK TOTAL: $60,215 $20,705 Assumptions: 1. These estimates may require adjustment due to the Contractor's rate of construction, weather delays, source changes and/or other factors beyond our control. 2. The IIWA PM reserves the right to shift hours between the various subtasks as required. 3. The HWA work scope does not include safety assessment nor work pertaining to any environmental issues. 4. This cost estimate was prepared with the understanding that the Client will schedule inspection as needed. 5. All night work is charged at an 8 hour minimum segment. Night work cancelled within 12 hrs of scheduled time will be charged 4 hrs. 6. All weekend work is charged at an 4 hour minimum segment. Weekend work cancelled within 12 hrs of scheduled time will be charged 4 hrs. 7. 3000 psi, Commercial, and concrete for sidewalks and thrust blocks will not be tested. 8. No density testing will be needed for water service connections outside of the roadway prism. 9. HWA's laboratory is not equipped to test HMA binder or tackifier. This testing is performed by WSDOT's Bituminous Materials Lab. WSDOT will only allow invoicing to a contract with the Owner (they cannot invoice HWA for this work). This estimate does not contain time for sampling/driving samples to the Tumwater lab. 10. This cost estimate does not include Special Inspections (reinforcing steel, welding, structural anchors, etc). IIWA is not WABO certified. 11. Client submitted requests should be sent to Dispatch@hwageo.com 12. Requests are encouraged to be submitted at least 48 hours (72 hours for night work) before the requested work. 13. Requests submitted within 24 hours (48 hours for night work) of work will be covered based on availablility of staff. Tuk na I�re���ea„ A„e S - 4-17-2026 190 Development Division Contract Services Office P© Box 47408 Olympia, WA 98504-7408 7345 Linderson Way SW Tumwater, WA 98501-6504 TTY;1-800-83343388 www.wsdot.wa.gov July 2, 2025 HWA GeoSciences, Inc 21312 30th Dr SE, Suite 110 Bothell, WA 98021 Subject: Acceptance FYE 2024 ICR — CPA Report Dear Vasiliy P. Babko: We have accepted your firm's FYE 2024 Indirect Cost Rate (ICR) of 179.28% of direct labor (rate includes 0.96% Facilities Capital Cost of Money) based on the "Independent CPA Report" prepared by T-MAX, CPA. This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with the firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 704-6397 or via email consultantrates(dwsdot.wa.gov. Regards, Schaie fialcve,y Schatzie Harvey (Jul 3, 2025 07:03 PD SCHATZIE HARVEY, CPA Contract Services Manager SH: kb 191 21312 30th Drive SE, Ste. 110, Bothell, WA 98021-7 1 Phone: 42,5.774.01061 Fax: 425.774.2714 www.hwageo.com HWA GEOSCIENCES INC. 2026 ANTE HOURLY RATES BY CATEGORY NTE TITLE HOURLY Overhead Fixed Fee Billing RATE 1.7928 10.50% Rate Administrative Support $50.00 $89.64 $14.66 $154.31 CAD $50.00 $89.64 $14.66 $154.31 Contracts Administrator $60.00 $107.57 $17.59 $185.17 Geologist I $35.00 $62.75 $10.26 $108.02 Geologist II $42.00 $75.30 $12.32 $129.62 Geologist III $47.00 $84.26 $13.78 $145.05 Geologist IV $53.00 $95.02 $15.54 $163.57 Geologist V $62.00 $111.15 $18.18 $191.34 Geologist VI $65.00 $116.53 $19.06 $200.60 Geologist VII $85.00 $152.39 $24.93 $262.32 Geologist VIII $90.00 $161.35 $26.39 $277.75 Geotechnical Engineer I $41.00 $73.50 $12.02 $126.54 Geotechnical Engineer II $50.00 $89.64 $14.66 $154.31 Geotechnical Engineer III $55.00 $98.60 $16.13 $169.74 Geotechnical Engineer IV $63.00 $112.95 $18.47 $194.43 Geotechnical Engineer V $70.00 $125.50 $20.53 $216.03 Geotechnical Engineer VI $80.00 $143.42 $23.46 $246.89 Geotechnical Engineer VII $95.00 $170.32 $27.86 $293.18 Geotechnical Engineer VIII $110.00 $197.21 $32.26 $339.47 Hydrogeologist IV $60.00 $107.57 $17.59 $185.17 Hydrogeologist V $70.00 $125.50 $20.53 $216.03 Lab/Field Technician I $28.00 $50.20 $8.21 $86.42 Lab/Field Technician II $33.00 $59.16 $9.68 $101.85 Lab/Field Technician III $40.00 $71.71 $11.73 $123.45 Lab/Field Technician IV $52.00 $93.23 $15.25 $160.48 Lab/Field Technician V $60.00 $107.57 $17.59 $185.17 Principal IX $110.00 $197.21 $32.26 $339.47 Updated 12/15/2025 192 Washington State ,V Department of Transportation Actuals Not To Exceed Table (ANTE) WSDOT Agreement: CIVILAIR ENGINEERS, PLLC PO Box 542 Burley, WA 98322 Job Classifications Direct Labor Hourly Billing Rate NTE Overhead Fee All Inclusive NTE DSC+OH Hourly Billing 120.00% 14.50% Rate NTE Assistant Construction Manager / Inspector $90.00 $108.00 $28.71® $226.71 $o.00 $o.00® $o.00 $o.00 $o.00® $o.00 $o.00 $o.00® $o.00 $o.00 $o.00® $o.00 $o.00 $o.00® $o.00 $o.00 $o.00® $o.00 $o.00 $o.00® $o.00 $o.00 $o.00® $o.00 $o.00 $o.00® $o.00 $o.00 $o.00® $o.00 $o.00 $o.00® $o.00 $o.00 $o.00® $o.00 $o.00 $o.00® $o.00 $o.00 $o.00® $o.00 $o.00 $o.00 $o.00 $o.00 $o.00® $o.00 $o.00 $o.00® $o.00 $o.00 $o.00® $o.00 $o.00 $o.00® $o.00 $o.00 $o.00® $o.00 $o.00 $o.00® $o.00 $o.00 $o.00® $o.00 $o.00 $o.00® $o.00 $o.00 $o.00® $o.00 $o.00 $o.00® $o.00 $o.00 $o.00® $o.00 $o.00 $o.00® $o.00 $o.00 $o.00® $o.00 $o.00 $o.00® $o.00 $o.00 $o.00® $o.00 $o.00 $o.00® $o.00 $o.00 $o.00® $o.00 $o.00 $o.00® $o.00 $o.00 $o.00® $o.00 193 Transportation Buiidiiic, 0t0Maple P rkAvfen e S.E. F.O. Box 47380 Olympia, WA 98504-7300 3 0-705-7000 1_000- 3-63 www.wsdot.wa.gov November 19, 2024 Ralph Wessels, President CivilAir Engineers, PLLC PO Box 524 Burley, WA 98322-0542 Re: CivilAir Engineers, PLLC Safe Harbor Indirect Cost Rate Extension Dear Ralph: Washington State has received approval from our local Federal Highway Administration (FHWA) Division to continue administering the "safe harbor" indirect cost rate program on engineering and design related service contracts, as well as for Local Public Agency projects. We completed our risk assessment for CivilAir Engineers in November 2021. Our assessment was conducted based on the documentation provided by the firm. The reviewed data included, but was not limited to, a description of the company, basis of accounting, accounting system and the basis of indirect costs. Based on our review, we found the firm eligible to use the Safe Harbor rate. CivilAir Engineers opted to use the Safe Harbor rate, rather than provide a FAR -compliant rate. Based on further review and discussion with the firm, we are issuing an extension of the Safe Harbor Indirect Cost Rate of 120% of direct labor with a field rate, where applicable, of 90% of direct labor for CivilAir Engineers. CivilAir Engineers agreed to improve Internal Controls and timekeeping processes to be able to develop an Indirect Cost Rate Schedule in the future in accordance with the Federal Acquisition Regulations (FAR), Subpart 31. The WSDOT Internal Audit Office has provided guidance and information related to FARs and the AASHTO Audit Guide. You may use the Safe Harbor Rate of 120%, or 90% for field office situations, for agreements entered prior to June 30, 2026. For agreements entered after this date, please contact the WSDOT Consultant Services Office (CSO) or our office for guidance. The Safe Harbor Rate will not be subject to audit. Please coordinate with CSO or your Local Programs contact if you have questions about when to apply the Safe Harbor rate to your agreement. If you have any questions, please contact Steve McKerney or me at (360)705-7799. S incerely, Jarron Elter Agreement Compliance Audit Manager cc: Steve McKerney, Director of Internal Audit Maryna Ya File 194 Exhibit F - Title VI Assurances Appendix A & E APPENDIX A During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Non-discrimination in Federally -assisted programs of the U.S. Department of Transportation, (Federal Highway Administration), as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. [Include Washington State Department of Transportation specific program requirements.] 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, or national origin. [Include Washington State Department of Transportation specific program requirements.] 4. Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the (Federal Highway Administration) to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the Recipient or the (Federal Highway Administration), as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non- discrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the (Federal Highway Administration) may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the (Federal Highway Administration) may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 07/30/2021 195 Exhibit F - Title VI Assurances Appendix A & E APPENDIX E During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964.(42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition. Policies Act of 1970,.(42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973,.(29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; • The Age Discrimination. Act of 1975,.as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982,.(49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987,.(PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination. Act of 1975.and Section 504 of the Rehabilitation Act of 1973,.by expanding the definition of the terms "programs or activities" to include allof the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certaintesting entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportationregulations at 49 C.F.R. parts 37 and 38; • The Federal. Aviation. Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal. Actions to Address Environmental. Justice in Minority Populations and Low -Income Populations, which ensures discriminationagainst minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). Local Agency A&E Professional Services Agreement Number Neted Hourly Rate Consultant Agreement Revised 07/30/2021 Exhibit G Certification Document Exhibit G- I (a) Exhibit G-1 (b) Exhibit G-2 Exhibit G-3 Exhibit G-4 Certification of Consultant Certification of Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying Certificate of Current Cost or Pricing Data Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 07/30/2021 197 Exhibit G-1(a) Certification of Consultant I hereby certify that I am the and duly authorized representative of the firm of whose address is and that neither the above firm nor I have a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure this AGREEMENT; b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (ifany); I acknowledge that this certificate is to be furnished to the and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Consultant (Firm Name) Signature (Authorized Official of Consultant) Date Local Agency A&E Professional Services Agreement Number Neted Hourly Rate Consultant Agreement Revised 07/30/2021 Exhibit G-1(b) Certification of I hereby certify that I am the: 0 Other of the , and or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: a) Employ or retain, or agree to employ to retain, any firm or person; o b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): I acknowledge that this certificate is to be furnished to the and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Signature Date Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 07/30/2021 199 Exhibit G-2 Certification Regarding Debarment Suspension and Other Responsibility Matters - Primary Covered Transactions I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; B. Have not within a three (3) year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State anti-trust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; an D. Have not within a three (3) year period preceding this application / proposal had one or more public transactions (Federal, State and local) terminated for cause or default. II. Where the prospective primary participant is unable to certify to any of the statements in this certification such prospective participant shall attach an explanation to this proposal. Consultant (Firm Name) Signature (Authorized Official of Consultant) Date Local Agency A&E Professional Services Agreement Number Nted Hourly Rate Consultant Agreement Revised 07/30/2021 Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative AGREEMENT, and the extension, continuation, renewal, amendment, or modification of Federal contract, grant, loan or cooperativeAGREEMENT. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the require certification shall be subject to a civil penalty of not less than $10,000.00, and not more than $100,000.00 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier sub -contracts, which exceed $100,000 and that all such sub -recipients shall certify and disclose accordingly. Consultant (Firm Name) Signature (Authorized Official of Consultant) Date Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 07/30/2021 201 Exhibit G-4 Certification of Current Cost or Pricing Data This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted, either actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer's representative in support of * are accurate, complete, and current as of ** This certification includes the cost or pricing data supporting any advance AGREEMENT's and forward pricing rate AGREEMENT's between the offer or and the Government that are part of the proposal. Firm: Signature Title Date of Execution *Identify the proposal, quotation, request for pricing adjustment, or other submission involved, giving the appropriate identifying number (e.g. project title.) **Insert the day, month, and year, when price negotiations were concluded and price AGREEMENT was reached. ***Insert the day, month, and year, of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. Local Agency A&E Professional Services Agreement Number Nted Hourly Rate Consultant Agreement Revised 07/30/2021 Exhibit H Liability Insurance Increase To Be Used Only If Insurance Requirements Are Increased The professional liability limit of the CONSULTANT to the AGENCY identified in Section XII, Legal Relations and Insurance of this Agreement is amended to $ N/A The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the amount of $ N/A Such insurance coverage shall be evidenced by one of the following methods: • Certificate of Insurance • Self-insurance through an irrevocable Letter of Credit from a qualified financial institution Self-insurance through documentation of a separate fund established exclusively for the payment of professional liability claims, including claim amounts already reserved against the fund, safeguards established for payment from the fund, a copy of the latest annual financial statements, and disclosure of the investment portfolio for those funds. Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed $1 million per occurrence or the value of the contract, whichever is greater, then justification shall be submitted to the Federal Highway Administration (FHWA) for approval to increase the minimum insurance limit. If FHWA approval is obtained, the AGENCY may, at its own cost, reimburse the CONSULTANT for the additional professional liability insurance required. Notes: Cost of added insurance requirements: $ N/A • Include all costs, fee increase, premiums. • This cost shall not be billed against an FHWA funded project. • For final contracts, include this exhibit Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 07/30/2021 203 Exhibit I Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant has alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1 Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include all decisions and descriptions of work, photographs, records of labor, materials, and equipment. Step 3 Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manager and any personnel (including sub -consultants) deemed appropriate for the alleged design error(s) issue. Step 4 Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultant's alleged design error(s), there are three possible scenarios: • It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. • It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place. The agency is to provide LP, through the Region Local. Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements. No further action is required. • There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. Local Agency A&E Professional Services Agreement Number Nited Hourly Rate Consultant Agreement Revised 07/30/2021 Step 5 Forward Documents to Local Programs For federally funded projects, all available information, including costs, should be forwarded through the Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary, LP will request assistance from the Attorney General's Office for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement. • If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. LP, in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue. • If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or by litigation. Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 07/30/2021 205 Exhibit J Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) total a $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1 Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to theAgency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1, the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to deteiuune if the Agency agrees with the claim. If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs (if applicable), and FHWA (if applicable) agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim. After the request has been approved, the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures. Local Agency A&E Professional Services Agreement Number Nted Hourly Rate Consultant Agreement Revised 07/30/2021 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 film that should be included in the claim • Any correspondence that directed the consultant to perform the additional work; • Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associate with the additional work; • Explanation regarding those areas in which the Agency does/does not agree with the consultant's claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s); and • Recommendations to resolve the claim. Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5 Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim(s) and rationale utilized for the decision. Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. I.nform the consultant that the final payment for the agreement is subject to audit Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 07/30/2021 207 Transportation Building 310 Maple Park Avenue S.E. P.O. Box 47300 Olympia, WA 98504-7300 360-705-7000 TTY: 1-800-833-6388 www.wsdat.wa:yov January 10, 2024 Mr. Hari Ponnekanti, P.E. Public Works Director City of Tukwila 6300 Southcenter Blvd., Suite 100 Tukwila, WA 98188 RE: Interurban Ave S. 2023 National Highway System (NHS) Asset Management Program Federal Funding Dear Mr. Ponnekanti: WSDOT is pleased to advise you that the above -mentioned project was selected to receive funding through the 2023 NHS Asset Management program. The federal funding is limited as shown below: Interurban Ave S. $4,958,000 Scope: Pavement repairs, overlay, and curb and gutter repair. NOTE: Funding provided requires the local match as detailed in your project application. If no local match was identified, federal funds are available at 100%, for all eligible federal expenditures. Construction must be completed as a single contract and authorized by August 31, 2026, or funds may be reprogrammed to other projects. Scope changes are not allowed. To meet state and federal requirements, the following are required: • Project expenditures incurred before receiving notice from Local Programs of federal fund authorization are not eligible for reimbursement. • Please refer to the Local Programs webpage for detailed information, including: (http://www.wsdot.wa.gov/localprograms) s( Local Agency Guidelines (LAG) manual for the requirements regarding programming, authorization, reimbursement, etc.; ✓ Projects utilizing federal funds must be included in your current Transportation Improvement Program (TIP) as a complete programmed project. Once your TIP amendment is approved, WSDOT will amend the Statewide Transportation Improvement Program (STIP); ✓ Funding and billing forms; 208 Mr. Hari Ponnekanti, P.E. City of Tukwila January 10, 2024 V Local Project Report is required to be completed by the end of June and December each year. To access the database you will need an account name and password. Your account name is Tukwila and your password is Tukwi785. The password is case sensitive. • If the project is not actively pursued, or becomes inactive (23 CFR 630), the project is at risk of being cancelled, funds repaid and reprogrammed. • FHWA requires that all projects are ADA compliant upon completion or the federal funds must be repaid. As a reminder, Local Programs requires all agencies to submit monthly progress billings to ensure timely reimbursement of eligible federal expenditures. For assistance, please contact your Region Local Programs Engineer, Mehrdad Moini at 206.440.4734 or Mehrdad.Moini@wsdot.wa.gov. Sincerely, / L, Jay Drye, PE Director Local Programs JD:st:cdm cc: Kelly McGourty, Transportation Director, PSRC Mehrdad Moini, Northwest Region Local Programs Engineer 209